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HomeMy WebLinkAboutContract 31494STATE OF TEXAS COUNTY OF TARRANT �� f I Y �.J A� ? i,� d�r u\.I �� �1 :����-l��,�,t.,� ��� - THIS contract ("Contract") is made and entered into between the City of Fort Worth ("City"), whose address is 1000 Throckmorton St., Fort Worth 76110, acting by and through Dale A. Fisseler, its duly authorized Assistant City Manager, and North Greenbriar Revitalization Corporation ("NGRC"), whose address is1328 Cameron., Fort Worth 76115, acting by and through Buddy Gene Williams, its duly authorized Board President. (Sometimes City and NGRC are referred to individually as a"Pariy" and collectively as the "Parties") WHEREAS, the City of Fort Worth has received grant monies from the United States Department of Housing and Urban Development ("HUD") through the Community Development Block Grant ("CDBG") Program No. B-04-MC-48-0010; WHEREAS, the Catalog of Federal Domestic Assistance ("CFDA") assigned Community Development Block Grants/Entitlement Grants number 14.218; WHEREAS, one of the national objectives of the CDBG Program is to benefit low and moderate income citizens of Fort Worth (the "National Objective"); WHEREAS, the citizens of the City, the Community Development Council, and the City Council have determined that neighborhood revitalization is needed to assist the City's low and moderate-income citizens and have designed the Model Blocks Program as a primary means of assisting neighborhoods to achieve revitalization; WHEREAS, the North Greenbriar Neighborhood Association won the City's Fifteenth Model Blocics award of $1.2 million in March 2004 and has adopted the North Greenbriar Model Blocks Neighborhood Plan for neighborhood revitalization in the North Greenbriar Model Blocks area; and WHEREAS, the NGRC, a Texas non-profit corporation managed by a volunteer Board of Directors, is the implementing arm of the North Greenbriar Model Blocics Program. NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: THAT, the Parties covenant and agree as follows: 1. Scope ofServices a. NGRC is responsible for implementing the neighborhood revitalization strategy for the North Greenbriar Model Blocks area. As part of its comprehensive neighborhood revitalization strategy, NGRC will operate a minor home repair program to improve the livability and appearance of owner- occupied homes in its neighborhood with a goal of repairing sixty-eight (68) units during the term of this Contract. The program will be conducted within the North Greenbriar Model Blocks area (the "Program"). b. The term of the Contract shall be for two years (2) year beginning upon the date of execution of this Contract by the Parties. CDBG - PROGRAM AND OPERATING FUNDS North Greenbriar Revitalization Coip. Rev. 02-03-Q5 � 1 I iv i;i;`�/u , — ;', l�' '1�';i ,��:J;(L11 1'^ _ '����;1 ,=�":�'J����'���.� �U, ..��. c. NGRC will provide the services and activities as set forth in Exhibit A-Program Summary in accordance with Exhibit C-Program Timeline. d. NGRC agrees to meet the National Objective of activities benefiting low and moderate-income individuals, and to maintain full documentation supporting fulfillment of this National Obj ective in its files. e. City will monitor and evaluate NGRC's performance using the goals and performance standards required in this Contract. Substandard performance as determined by City monitoring will constitute non-compliance with this Contract. If action to correct such substandard performance is not taken by NGRC within a reasonable period of time after being notified in writing by City, procedures to suspend or terminate the Contract will be initiated. 2. CotrzUe�zsatio�a an�l Metlaod ofPav»ie�zt a. City will disburse CDBG Year XXX funds ("CDBG Funds") in an amount up to THREE HUNDRED TWENTY FOUR THOUSAND AND NO/100 DOLLARS ($324,000.00) to NGRC to be used as follows in the North Greenbriar Model Blocks area: i. Minor Home Repair Program - TWO HUNDRED SEVENTY-FOUR THOUSAND AND NO/100 DOLLARS ($274,000.00) ("Program Funds) ii. Program Operating Funds - FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) (Operating Funds") b. Payrnent of Program Funds will be on a reimbursement of expenses basis. Payment will be processed by City following receipt from NGRC of the following monthly financial documents: (1) Attachment I- Sub-Grantee's Request For Funds, (2) Attachment II-Detail Statement of Costs, and (3) Attachment III-Expenditures Worksheet Report. Payment of eligible expenses shall be made against the budget specified in Exhibit A-Program Summary and in accordance with performance specified in Exhibit C-Program Timeline. c. Payment of Operating Funds will be on an advance of funds basis. Payment will be processed by City following receipt from NGRC of the following monthly financial documents: (1) Attachment I-Sub- Grantee's Request For Funds, (2) Attachment II-Detail Statement of Costs, and (3) Attachment III-Expenditures Worksheet Report. NGRC may request an advance of one-twelfth (1/12th� of its Operating Funds monthly; provided however, NGRC may request an initial advance for two months of Operating Funds to cover Program start-up expenses. Operating Funds will be disbursed monthly thereafter. NGRC may request additional Operating Funds if necessary to meet monthly expenses that exceed 1/12th of the budgeted amount. No Operating Funds will be advanced if City has not received the necessary financial reports that account for previously advanced Operating Funds. Payment of eligible expenses shall be made against the line item budget specified in Exhibit B-Operating Budget and in accordance with performance specified in Exhibit C-Program Timeline. d. NGRC agrees to utilize all disbursed CDBG Funds for the benefit of the Program. NGRC agrees that funds will be expended in accordance with Exhibit A-Program Summary and Exhibit B-Operating Budget. NGRC may not expend more than FOUR THOUSAND AND NO/100 DOLLARS ($4,000.00) per home in Program Funds nor increase or decrease line-item amounts in the approved CDBG Funds portion of the Exhibit B-Operating Budget without City's prior written approval. e. It is understood that the total allocation of CDBG Funds for operation of the Program is THREE HLTNDRED TWENTY-FOUR THOUSAND AND NO/100 DOLLARS ($324,000.00) and that NGRC will obtain from other sources the remaining funds in excess of the CDBG Funds as detailed in the Operating Budget. NGRC will notify City promptly of any additional funds it receives for operation of the Program, and City reserves the right to amend the Operating Budget in such instances. : CDBG - PROGRAM AND OPERATING FUNDS Rev. 02-03-OS �` �` f North Greenbriar Revitalization Co `� �^� ;� �Y��" :';�� �• ..���;i1.;�5��;�; � 2 j � ,,;;J;L;��11� ��SL�� � ::. f. NGRC agrees to keep all CDBG Funds on hand in interest bearing accounts. All interest earned shall be reported to City on a monthly basis, at the same time as submission of the monthly report following the end of the Contract month during which the interest was earned. Interest in an amount of $25.00 or less per month may be used for authorized Program expenses. These amounts must be reported on the monthly financial statements filed pursuant to this Contract. Interest earned in excess of $25.00 per month is subject to remittance to City as directed by City. g. NGRC will not commingle CDBG Funds with any other funds in any manner that would prevent City from readily identifying expenditures for operation of the Program. 3. U�ziform Atlnzinistrative Requireme�zts ayzd Pro�ram Matta,�ement Standards a. Financial Management i. Accounting Standards NGRC agrees to comply with 24 CFR Part 84 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. ii. Cost Principles NGRC shall administer the Program in conformance with OMB Circular A-122, "Cost Principles for Non-Profit Organizations" and attachments and revisions thereto, regarding principles for determining costs for the Program. b. Documentation and Record Keeping � i. Requirement NGRC shall maintain all records pertinent to the activities to be funded under this Contract required by HUD regulations in 24 CFR Part 570.506. In addition, NGRC agrees to keep records to fully document all expenditures charged to the CDBG portion of the Program. The documentation must support the amounts charged to the Program and demonstrate that the expenditures were appropriate to the stated goals of the Program and allowable under applicable Federal, state and City guidelines. ii. Retention (1) All records pertaining to the Program shall be retained for five (5) years following the termination of this Contract. NGRC may destroy Program records at the end of this five (5) year period if no outstanding audit finding exists. (2) NGRC will retain any Program loan records until (5) years after the expiration of any loan. iii. Real Property Records NGRC shall maintain real property inventory records that clearly identify properties purchased, improved, or sold. Properties retained shall meet eligibility criteria and shall conform to the requirements of 24 CFR Part 570.505. iv. Close Outs ° NGRC's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to: making final payments, disposing of Program assets (including the return of all unused materials, equipment, unspent cash advances, Program income balances, and accounts receivable to City), and determining the custodianship of records. v. Audits and Inspections (1) City, HUD, and the United States Comptroller General, or their representatives, shall each have access to any books, documents, records and papers relating to the operations of NGRC under this Contract for the purpose of audit, examination, exception and transcription at all reasonable hours at all offices of NGRC. CDBG - PROGRAM AND OPERATiNG FUNDS North Greenbriar Revitalization Corp. 3 Rev. 02-03-OS ii. OMB Standards NGRC shall procure all materials, property, or services in accordance with the requirements of 24 CFR Part 84, Procurement Standards and Property Management Standards as modified by 24 CFR Part 570.502(b)(6), covering utilization and disposal of property. 5. Reversion ofAssets a. NGRC agrees to return to City any CDBG Funds remaining on hand at the end of the Contract. b. All property purchased with CDBG Funds under this Contract will be used solely for operation of the Program. NGRC agrees to obtain City approval prior to purchase of property and NGRC agrees to notify City upon receipt of property so that it may be properly tagged and inventoried. Title to such property will be vested with the City, and NGRC will deliver all such property to City for disposition at City's sole discretion at the termination of the Program. 6. Lead Based Pcci�zt Rec�uire�fze�zts a. All inspection and abatement work shall be carried out by contractors and workers certified and trained under the Texas Department of Health, Environmental Lead Branch. This includes inspectors, rislc assessors, abatement and hazard reduction contractors. b. Awritten certification must be on file with the City of Fort Worth Lead Hazard Program that certifies all firms, abatement supervisors, lead workers, inspectors, and risk assessors working in the HUD- funded Lead Based Paint Hazard Control Grant are certified under the laws and regulations of the State of Texas Department of Health, Environmental Lead Branch. c. NGRC and all contractors shall comply with appropriate HUD and EPA regulations regarding lead- based paint notification, disclosure, or work practices during lead hazard control activities. d. NGRC and all contractors shall 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. e. NGRC and all contractors shall dispose of waste resulting from lead hazard control activities in accordance with the requirements of the appropriate local, State and Federal regulatory agencies. NGRC 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. f. City's Housing Department will conduct a clearance, or final inspection of the work performed. 7. Applicable Laws a. Federal NGRC agrees to comply with the following laws and the applicable regulations as they are currently written or are hereafter amended during performance of this Contract: • Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.) • Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq.) • Executive Orders 11063 and 11246, as amended by Executive Orders 11375 and 12086 and as supplemented by41 CFR Part 60 • The Age Discrimination in Employment Act of 1967 (29 USC621 et seq.) • The Age Discrimination Act of 1975 (42 USC 6101 et seq.) CDBG - PROGRAM AND OPERATING FUNDS Rev. 02�-03-OS :�:s � r ;,� '+. North Greenbriar Revitalization Corp. ,,�-�;. r,q, 5 '� '� 1�-` I1:1�� _ _ � �1� �. " 5�� n '�J�a :�����.,,'�'1:UIil��� u'.`',i(� (2) All non-federal entities that expend $500,000 or more in Federal funds within one (1) 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, "Audits of States, Local Governments, and Non-Profit Organizations". The audit may cover either NGRC'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. NGRC's audit certification is attached hereto as Exhibit D- Audit Certi�cation Form and Audit requirements. The Audit Certification Form must be submitted to City within sixty (60) days of the end of period being audited (NGRC's fiscal year). 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 NGRC's total agency operating budget. Non-profit entities that expend less than $500,000 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, City, and General Accounting Office ("GAO"). (3) City reserves the right to perform an audit of NGRC's 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. NGRC agrees to allow access to all relevant books, records and materials. If such audit reveals a questioned practice or expenditure, such questions must be resolved within fifteen (15) days after notice to NGRC. If questions are not resolved within this period, City reserves the right to withhold�further funding under this andlor future contract(s) with NGRC. � (4) If as a result of any audit it is determined that NGRC has misused, misapplied or misappropriated all or any part of the CDBG Funds, NGRC agrees to reimburse City the amount of such monies so misused, misapplied or misappropriated, plus the amount of any sanction, penalty or other charge levied against City because of such misuse, misapplication or misappropriation. 4. Reportiyz� Procedures a. Program Income NGRC agrees that all program income from operation of the Program in proportion to the amount of CDBG Funds received hereunder will be expended prior to expending CDBG Funds and that any such program income is subject to the terms of this Contract. NGRC may expend CDBG Funds only if program income is insufficient to meet all eligible program activity expenses. NGRC agrees to return to City at the end of the Contract any remaining program income earned from operation of the Program in proportion to the amount of CDBG Funds in the Program Summary and Operating Budget. b. Progress Reports NGRC will submit to City on a monthly basis: (1) Attachment IV and (2) Attachment IVa, Performance Report for services and activities undertaken by NGRC in performance of this Contract. The report will be signed by a duly authorized agent ofNGRC and submitted by the 15th of the month following the month that is reported. City is under no obligation to disburse funds for expenditures that occurred prior to the first day of the month for which the report is submitted. c. Procurement i. Compliance NGRC shall comply with City policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property, as defined by such policy, procured with funds provided under this Contract. CDBG - PROGRAM AND OPERATING FtJNDS North Greenbriar Revitalization Corp. 4 Rev. 02-03-OS ii. OMB Standards NGRC shall procure all materials, property, or services in accordance with the requirements of 24 CFR Part 84, Procurement Standards and Property Management Standards as modified by 24 CFR Part 570.502(b)(6), covering utilization and disposal of property. 5. Reversion ofAssets a. NGRC agrees to return to City any CDBG Funds remaining on hand at the end of the Contract. b. All property purchased with CDBG Funds under this Contract will be used solely for operation of the Program. NGRC agrees to obtain City approval prior to purchase of property and NGRC agrees to notify City upon receipt of property so that it may be properly tagged and inventoried. Title to such property will be vested with the City, and NGRC will deliver all such property to City for disposition at City's sole discretion at the termination of the Program. 6. Lead Based Paint Requirements a. All inspection and abatement work shall be carried out by 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. b. A written certification must be on file with the City of Fort Worth Lead Hazard Program that certifies all firms, abatement supervisors, lead workers, inspectors, and risk assessors working in the HUD- funded Lead Based Paint Hazard Control Grant are certified under the laws and regulations of the State of Texas Department of Health, Environmental Lead Branch. c. NGRC and all contractors shall comply with appropriate HUD and EPA regulations regarding lead- based paint notification, disclosure, or work practices during lead hazard control activities. d. NGRC and all contractors shall 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. e. NGRC and all contractors shall dispose of waste resulting from lead liazard control activities in accordance with the requirements of the appropriate local, State and Federal regulatory agencies. NGRC 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. f. City's Housing Department will conduct a clearance, or final inspection of the work performed. 7. Applicable Laws a. Federal NGRC agrees to comply with the following laws and the applicable regulations as they are currently written or are hereafter amended during performance of this Contract: • Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.) • Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq.) • Executive Orders 11063 and 11246, as amended by Executive Orders 11375 and 12086 and as supplemented by41 CFR Part 60 • The Age Discrimination in Employment Act of 1967 (29 USC621 et seq.) • The Age Discrimination Act of 1975 (42 USC 6101 et seq.) CDBG - PROGRAM AND OPERATING FLINDS Rev. 02-03-OS North Greenbriar Revitalization Corp. • Section 504 of the Rehabilitation Act of 1973 (29 USC 794 et seq.) and 24 CFR Part 8 where applicable • National Environmental Policy Act of 1969, as amended, 42 USC 4321 et seq. ("NEPA") and the related authorities listed 24 CFR Part 58 • The Clean Air Act, as amended, (42 USC 7401 et seq.), the Clean Water Act of 1977, as amended (33 USC 1251 et seq.) and the related EPA regulations at 40 CFR Part 15, as amended from time to time, and Executive Order 11738. In no event shall any amount of the assistance provided under this Contract be utilized with respect to a facility that has given rise to a conviction under the Clean Air Act or the Clean Water Act. • The Immigration Reform and Control Act of 1986 (8 USC 1101 et seq.), specifically including the provisions requiring employer verification of the legal status of its employees • The Housing and Community Development Act of 1987 (42 USC 5301 et seq.) • The Americans with Disabilities Act of 1990 (42 USC 12101 et seq.) • Drug Free Workplace Act of 1988 (41 USC 701 et seq.) and 24 CFR part 23, Subpart F • Regulations as 24 CFR Part 87 related to lobbying, including the requirement that certifications and disclosures be obtained from all covered persons • Executive Order 12549 and 24 CFR Part 5.105� pertaining to restrictions on participation by ineligible, debarred, or suspended persons or entities b. Section 3 of the Housing and Urban Development Act of 1968, as amended, (12 USC 1701u et seq.) and its related regulations at 24 CFR Part 135 As the work to be performed under this Contract is on a proj ect assisted under a program providing direct Federal financial assistance from HUD, Section 3 of 24 CFR 135.38 ("Section 3") requires that the following clause be inserted in all covered contracts ("Section 3 Clause"): "A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opporiunities generated by HUD assistance or HUD-assisted proj ects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The Parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the Parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not CDBG - PROGRAM AND OPERATING FUNDS Rev. 02-03-OS North Greenbriar Revitalization Corp. 6 subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135. F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the wark to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subj ect to the provisions of section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b)." City and NGRC understand and agree that compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of HUD shall be a condition of the Federal financial assistance provided to the Program, binding upon City and NGRC, and their respective successors, assigns and subcontractors. Failure to fulfill these requirements shall subject NGRC and its subcontractors, and their respective successors and assigns, to those sanctions specified by the Grant Agreement through which Federal assistance is provided and to such sanctions as are specified by 24 CFR Part 135. c. Other Laws NGRC 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 applicable City ordinances, rules and regulations and the Housing and Community Development Act of 1974 (42 USC 5301 et seq.), as amended, and all related regulations. NGRC further promises and agrees that it has read, and is familiar with, terms and conditions of the Community Development Block Grant under which CDBG Funds are granted and that it will fully comply with them. It is agreed and understood that, if City notifies NGRC of any such violation on the part of NGRC or any of its officers, members, agents, employees, Program participants or subcontractors, then NGRC shall immediately desist from and correct such violation. 8. No�adiscrinzinatio�z a. NGRC will not unlawfizlly discriminate against anyperson or persons because of sex, race, religion, age, disability, color, national origin, or familial status, nor will NGRC permit its officers, members, agents, employees, subcontractors or Program participants to engage in such discrimination. b. NGRC covenants that neither it nor any of its officers, members, agents, employees, Program participants or subcontractors, while engaged in performing this Contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of bona fide occupational qualification, retirement plan or statutory requirement. __ CDBG - PROGRAM AND OPERATING FLTNDS � Red: 02-03-05. North Greenbriar Revitalization Corp. 7 _ I' �, I' �•��� � J�'; L J l q �U �L�. u�1: � 7 c. NGRC 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. d. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), NGRC warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with NGRC, or employees of NGRC or any of its subcontractars. NGRC warrants it will fully comply with the 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 NGRC's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. e. This Contact 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, and NGRC hereby covenants and agrees that NGRC, its officers, members, agents, employees and subcontractors have fully complied with all provisions of same and that no employee, employee- applicant or Program participant has been discriminated against by the terms of such ordinances by either NGRC or its officers, members, agents, employees or subcontractors. 9. Prolaibitio�z A�ai�ast Laterest a. No member, officer or employee of City ar its designees or agents; no member of the governing body of the locality in which the Program is situated; and no other public official of such locality or localities, who exercises any functions or responsibilities with respect to the Program funded hereunder during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. NGRC shall incorporate, or cause to be incorporated, like language prohibiting such interest in all contracts and subcontracts entered into in connection with the Program. b. No member, officer, employee, or Program participant of NGRC or its subcontractors shall have a financial interest, direct or indirect, in this Contract or the CDBG Funds transferred hereunder or be financially interested, directly or indirectly, in the sale to NGRC of any land, materials, supplies or services purchased with any CDBG Funds transferred hereunder, except on behalf of NGRC, as an officer, employee, member or Program participant. Any willful violation of this paragraph with the expressed or implied knowledge of NGRC or its subcontractors shall render this Contract voidable by City. 10. Minoritv and Wornen Business Enterprise Comnzitment NGRC agrees to abide by City `s policy to involve Minority and Women Business Enterprises ("MWBEs") in all phases of its procurement practices and to provide them an equal opportunity to compete for contracts for construction, provision of professional services, purchase of equipment and supplies and provision of other services required by City. NGRC agrees to incorporate City Ordinance No. 15530, 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 ordinance. CDBG - PROGRAM AND OPERATING FUNDS North Greenbriar Revitalization Corp. 8 Rev. 02-03-OS 11. No�z Assi�fzme�zt No assignment or delegation of duties under this Contract by NGRC shall be effective without City's prior written approval. 12. Indevendent Contractor a. NGRC shall operate hereunder as an independent contractor and not as an ofiicer, agent, servant or employee of City. NGRC 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 invitees. The doctrine of respondeat superior shall not apply as between City and NGRC, its officers, members, agents, servants, employees, subcontractors, Program participants, licensees or invitees, and nothing herein shall be construed as creating a partnership or j oint enterprise between City and NGRC. It is expressly understood and agreed that no officer, member, agent, employee, subcontractor, licensee or invitee of the NGRC, 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 NGRC, its officers, members, agents, employees, subcontractors, Program participants, licensees or invitees. b. City shall in no way nor under any circumstances be responsible for any property belonging to NGRC, its officers, members, agents, employees, subcontractors, Program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged; and NGRC hereby indemnifies and holds harmless City and its officers, agents, and employees from and against any and all claims or suits. 13. Indemnification a�zd Release NGRC 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 HIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT 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 NGRC HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY OF CITY AND ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KINDS OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR NON-PERFORMANCE OF THIS CONTRACT AND AGREEMENT AND/OR THE OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAMS DESCRIBED HEREIN, W�IETHER OR NOT CAUSED IN W�IOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, CDBG - PROGRAM AND OPERATING FiJNDS Rev. 02-03-OS North Greenbriar Revitalization Corp. EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS OF CITY. NGRC LIKEWISE COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF PROPERTY OF CITY, ARISING OUT OR IN CONNECTION WITH ALL ACTS OR OMISSIONS OF NGRC, 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. IT IS THE EXPRESS INTENTION OF THE PARTIES, BOTH NGRC AND CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION INCLUDES INDEMNITY BY NGRC TO INDEMNIFY AND PAROTECT CITY FROM THE CONSEQUENCES OF CITY'S OWN NEGLIGENCE, WHETHER THAT NECLIGENCE IS ALLEDGED TO BE THE SOLE OR CONCURRING CAUSE OF THE INJURY, DAMAGE OR DEATH. NGRC AGRESS TO AND SHALL RELEASE CITY, ITS AGENTS, EMPLOYEES, OFFICERS AND LEGAL REPRESENTATIVES FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORIVIANCE UNDER THIS CONTRACT, EVEN IF THE INJURY, DEATH, DAMAGE OR LOSS IS CAUSED BY THE CITY'S SOLE OR CONCURRENT NEGLIGENCE. NGRC SHALL REQUIRE ALL OF ITS SUBCONTRACTORS TO INCLUDE IN THEIR SUBCONTRACTS A RELEASE AND INDEMNITY IN FAVOR OF THE CITY IN SUBSTANTIALLY THE SAME FORM AS ABOVE. 14. I�zsurance and BondinQ a. NGRC will maintain blanket fidelity coverage in the form of an insurance bond in the amount of $32,400 or more to insure against loss from the fraud, theft or dishonesty of any of NGRC's officers, agents, trustees, directors or employees. The proceeds of such bond shall be used to reimburse City for any and all loss of CDGB Funds 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 use and benefit of NGRC. b. NGRC shall furnish to City, in a timely manner, certificates of insurance as proof that it has secured and paid for policies of commercial insurance as specified herein. Such insurance shall cover all insurable risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this Contract. NGRC shall maintain the following coverages and limits thereof: i. Commercial General Liability Insurance $500,000 each occurrence $1,000,000 aggregate limit ii. 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 CDBG - PROGRAM AND OPERATING FUNDS North Greenbriar Revitalization Corp. 10 Rev. 02-03-OS Insurance policy shall be endorsed to cover "Any Auto". Pending availability of the following coverage, and at the discretion of NGRC, the policy shall be the primary responding insurance policy versus a personal auto insurance policy if or when in the course of NGRC's business as contracted herein. iii. Directars and Officers Insurance Optional (Highly Recommended) Note: This insurance shall cover NGRC and any associated Board of Directors members. iv. 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. NGRC or its subcontractors shall maintain such coverage. In the event NGRC's subcontractors do not maintain such coverage, NGRC shall maintain the coverage on such subcontractors for each applicable subcontract. v. Additional Requirements Such insurance amounts shall be revised upward at City's option and NGRC shall revise such amounts within thirty (30) days following notice to NGRC of such requirements. NGRC will submit to City documentation that it has obtained insurance coverage and has executed bonds as required in this Contract and prior to payment of any monies hereunder. Each insurance policy shall be endorsed to provide City with a maximum sixty (60) day's 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 as an additional insured as its interests may appear. Additional insured parties shall include City employees, officers, agents, and volunteers. 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 City. c. Any failure on part of the City to request certificate(s) of insurance shall not be construed as a waiver of such requirement or as a waiver of the insurance requirements themselves. Insurers of NGRC's insurance policies shall be licensed to do business in the state of Texas by the Department of Insurance or be otherwise eligible and authorized to business in the state of Texas. Insurers shall be acceptable to 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 unless otherwise approved by City. Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise approved by City. d. Any local, federal or other regulatory insurance or bonding requirements for the Program that exceed those specified herein shall prevail. e. NGRC shall agree to require its subcontractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and, NGRC shall require its subcontractors to provide NGRC with certificate(s) of insurance documenting such coverage. Also, NGRC shall require its subcontractors to have City and NGRC endorsed as additional insured (as their interests may appear) on their respective insurance policies. NGRC shall require its subcontractors to maintain builders risk insurance at the limit of applicable project(s) costs when the value of materials involved exceeds $10,000 or at a different limit value limit as specified by City. CDBG - PROGRAM AND OPERATING FUNDS North Greenbriar Revitalization Corp. �I Rev. 02-03-OS 15. Waiver oflnanzunitv If NGRC is a charitable or nonprofit organization and has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages ar injury, including death, to persons or property; NGRC hereby expressly waives its rights to plead defensively such immunity or exemption against City. This section shall not be construed to affect a governmental entity's immunities under constitutional, statutory or common law. 16. Termi�zation a. In addition to, and not in substitution for, other provisions of this Contract regarding the provision of public services with CDBG funds, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, it is expressly understood and agreed by and between the Parties that this Contract is wholly conditioned upon the actual receipt by City of Federal CDBG Year X��X funds; that all monies distributed to NGRC hereunder shall be exclusively from Federal monies received under City's grant and not from any other monies of City; and that if such funds under City's grant are not timely forthcoming, in whole or in part, City may, at its sole discretion, terminate this Contract and City shall not be liable for payment for any work ar services performed by NGRC under or in connection with this Contract. b. City may terminate this Contract whenever such termination is determined to be in City's best interest; in event of NGRC's default, inability or failure to perform or to comply with any of the terms herein; or, for other good cause. c. The Parties acknowledge that CDBG Funds paid hereunder are intended to provide only partial funding for NGRC's program operations. City may terminate this Contract if non-CDBG Funds included in the Operating Budget are not forthcoming to NGRC during the Contract term. d. CDBG Funds provided hereunder may not be used as collateral for loans to NGRC to defray program operation expenses, and any attempted use of CDBG Funds for this purpose will result in termination of this Contract by City. e. Termination wiil be effected by written notice to NGRC, specifying the portions of the Contract affected and the effective date of termination. Upon NGRC's receipt of such termination notice, NGRC will: • Stop work under the Contract on the date and to the extent specified by City; • Cease expenditures of CDBG Funds, except as necessary for completion of the portions of the Contract not terminated; and • Terminate all orders and contracts to the extent that they relate to the portions of the Contract being terminated. f. NGRC will return to City any unused CDBG Funds previously advanced by City under this Contract within thirty (30) days of the effective date of Contract termination. City will have no responsibility or liability for NGRC's expenditures or actions occurring after the effective date of Contract termination. 17. Certification Regardin� Lobbvin,� a. The undersigned representative of NGRC 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 NGRC, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal CDBG - PROGRAM AND OPERATING FUNDS North Greenbriar Revitalization Corp. 12 Rev. 02-03-OS 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. NGRC shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of Federal funds. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, NGRC shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. This certification is a material representation of fact upon which reliance was placed when this Contract was made or entered into. Submission of this certificate is a prerequisite for making or entering into this Contract imposed by 31 USC Section 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. 18. Miscellaneoais Provisions a. All terms of this Contract shall apply to any and all subcontractors of NGRC who are in anywaypaid with CDBG Funds or who perform any wark in connection with NGRC's program. b. The provisions of this Contract are severable, and, if for any reason a clause, sentence, paragraph or other part of this Contract shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. " c. City's failure to insist upon the performance of any term or provision of this Contract or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely upon any such term or right on any future occasion. d. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or nonperformance of this Contract, venue for action shall lie in Tarrant County, Texas. e. This written instrument and the exhibits attached hereto, which are incorporated by reference and made a part of this Contract for all purposes, constitute the entire agreement between the Parties concerning the work and services to be performed hereunder, and anyprior or contemporaneous, oral or written agreement which purports to vary from the terms hereof shall be void. Any amendments to the terms of this Contract must be in writing and must be approved by each Party. . f. All notices required ar permitted by this Contract must be in writing and are deemed delivered on the earlier of the date actually received or the third day following (i) deposit in a United States Postal Service post office or receptacle; (ii) with proper postage (certified mail, return receipt requested); and (iii) addressed to the other Party at the address set out in the preamble of this Contract or at such other address as the receiving Party designates by proper notice to the sending Party. g. None of the performance rendered under this Contract shall involve, and no portion of the CDBG Funds received hereunder shall be used, directly or indirectly, for the construction, operations, maintenance or administration of any sectarian or religious facility or activity, nor shall said performance rendered or funds received be utilized so as to benefit, directly or indirectly, any such sectarian or religious facility or activity. h. NGRC represents that it possesses the legal authority, pursuant to anyproper, appropriate and official motion, resolution or action passed or taken, to enter into this Contract and to perform the responsibilities herein required. CDBG - PROGRAM AND OPERATING FIJNDS North Greenbriar Revitalization Corp. 13 Rev. 02-03-OS i. NGRC certifies that it has obtained a 501 (c) (3) Certificate from the Internal Revenue Service. NGRC shall notify City in writing of any changes to its 501 (c) (3) tax-exempt status during the term of this Contract. [SIGNATURES APPEAR ON FOLLOWING PAGE] CDBG - PROGRAM AND OPERATING FUNDS North Greenbriar Revitalization Corp. 14 Rev. 02-03-OS IN WIT`NESS WHEREOF th rties have e cute this �ontract in duplicate originals in Fort Worth, Tarrant County, Texas, this ��_ day of�� �� � , 2005. CITY OF FORT WORTH NORTH GREENBRIER REVITALIZATION �� CORPORATION�.. i A = %' � By: � -1 ��i By: /'����� G/i/�c�'t .r;�—� Dale A. isseler ` Buddy Gen illiams Assistant City Manager President APPR VED AS TO AND LEGALITY: ��--5 � _ Gt�-�-�lC-�- Assistant. City Attorney ATTES'i': City Secretary STATE OF TEXAS § COUNTY OF TARRANT § �.� _� � � ��..,9-��x__. ,����r�i�_:u�i: ,at i=i'1c�7�_i �� io� _-- ak•�.,,—C=�a._'� —z i � c� C. @ ` — This instrument was acknowledged before me on `� l ���f,L // , 2005 by Dale A. Fisseler, the Assistant City Manager of the City of Fort Worth, on behalf the City of Fort Worth. =��'YP�: KATHYF.DURHAM ''� "' MY COMMISSION EXPIRES :�'�;E,Qt ;�;"".•� January 24, 2009 STATE OF TEXAS § COUNTY OF TARRANT § � a��� 2 = SC��C,rJl.-��r,w7 t _ Notary Pub ic, State of Texas ,� _ This inst pument was acknowledged before me on / � � �c��, r-,- �_ �o A; �, C�,�1�`� , the� C"_�_,t-�F' v��`�— Corporatio� a Texas non-profit corporation, on behalf of saic� c ��- - �� . ------;�� CDBG - PROGRAM AND OPERATING FUNDS North Greenbriar Revitalization Corp. Public, c� �f 2005 by of North Greenbrier Revitalization � -Sp,Rpf{ J. ODLE MY COMMISSION EXP�RES November 5� 2�1�7 Rev. 02-03-OS 15 . �,�.::�:5 ���.�;;`I if�� ,,.���✓ir��ll� U'����,o EXIIIBIT "A" PROGRAM TITLE & SUMMARY NORTH GREENBRIAR NEIGHBORHOOD REVITALIZATION STRATEGY DESCRIPTION: The North GreenbriarRevitalization Corporation (NGRC) will provide staff, facilities, and development services to implement the neighborhood revitalization strategy speciiical� the Minor Home Repair Program The period of performance is two years fi�m the date of contract execution. MISSION STATEMENT: The North Greenbriar Revitalization Corporation was created to offer guidance and assistance to homeowners of the Model Blocks area who are making applications for MinorHome Repairs through the Model Blocks Grant Program. The goal is to provide a facelift for the existing structures that are in the Model Blocks area. PROGRAM OBJECTIVES: To effect community development of the North Greenbriar Model Block as outlined in the neighborhood revitalization strategy for the area, Contractor will undertake the following programs: • Minor Home Repair program for the benefit of neighborhood residents. PROGRAM MEASURES: Housing (Minor Home Repair) 1. Improve livability and appearance of owner-occupied housing units. Program Operations TOTAL PROGRAM BUDGET Estimated 2005 34 homes • Hire a Director • Set up an office • Set up personnel policies • Set up and maintain reporting and accounting systems • Acquire insurance • Submit monthly reports according to the contract 16 Estimated 2006 34 homes Maintain complete and accurate recards/accounting system Submit monthly reports according to the contract Budget $274,000 $50,000 $324,000 Rev. 3-8-OS � 0 � � M N -(�i PROPOSED OPERATING BUDGET FOR YE,AR I&II ' Total CDBG HOME Other Sources Bud et Funds Funds [A] [B] [C] [D] Fundraising PERSONNEL SERVICES ` $33,844.04 $31,712.00' $2,132.OQ Salaries $30,937.00 $28,937.00 $2,000.00 FICA $2367.00 $2,235.00 $132.00 Health Insurance Life Insurance Unem lo ment-State Unem lo ment-Federal Worker's com ensation Retirement Misa Frin e Beneiits 'SUPPLIES ', $1,500.00 $406.00: $1,094.00 ' Office Su lies $800 $306.00 $694.00 Posta e $200 $100.00 $200.00 Other O eratin Su lies $300 $200.00 Teachin Aids CONTRACTUAL SERVICES $23,656.00; $17,8$2.00 ; $5,774.00 Tele hone $1,500.00 $700.00 $800.00 Electric Gas utilit Water/Waste Rent Custodial Services Co ier $530.00 $530.00 Office E ui ment $1,301 $1,301.00 Printin $1,585.00 $602.00 $983.00 Re airs $1,185.00 $1,185.00 Fidelit Bond Liabilit Insurance $7,150.00 $7,150.00 Consultant Fee Le al & Accountin $3,100.00 $3,100.00 Annual Audit $5,820.00 $5,820.00 Other Professional Services Private Auto Allowance-local $500.00 $500.00 Private Auto Allowance-Other Leased Vehicle Char es Gasoline, Oil & Lube Conference & Seminars $1,000.00 $1,000.00 Indirect Cost CAPITAL OUTLAY $1,000.00 ' $1,000.00 Land Furniture & Fixtures $1,000.00 $1,000.00 Office E ui ment Rental TOTAL ' $60 000.00 $SO 000.00 $10 000.00 EXIIIBIT "B" Rev. 3-8-OS EXHIBIT "D" ATTACH AUDIT CERTIFICATION FORM AS EXHIBIT D INSTEAD OF THIS FORM INDEPENDENT AUDIT REQUIltEMENT BUSINESS/AGENCY NAME: NORTH GREENBRIAR REVITALIZATION CORPORATION PROGRAM: MODEL BLOCI�S AMOIINT FUNDED: $324,000 (CDBG YEAR: XXX) Name of Independent Auditor who will perform agency audit: Date audit is to be performed: (Independent Auditor) (Month and Year) The following language is a condition of your contract with the City All non-federal entities that expend $500,000 ar more in federal funds within one year, regardless of the source of the Federal awaid, 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 certiiied public accountant be completed within (12) months followin� the end of the period being audited and be submitted to City within thirty�30) davs of its completion. Cost 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 ****The contractor does not meet the $500,000 Threshold* * * Rev. 3-8-OS 19 �XHIBIT "E" LEAD BASED PAINT GUIDELINES Rev. 3-8-OS 20 , . • . ' ' . . _ , , 3 �, . . � . . . � � ' �' �X8..x3TT '�" X,EA.D BASED �'AINx' GUIDELTNES • I.ead-�ased paint Regulations Changes , _ On September'l5, �( 999, HUD issued a new fiederal lead-based paint regulation imp(ementing 7itle X of fhe Housing and Community DsvelopmentAcf of �992. This.regulafion makes many irnportant changes in t�e lead-based paint requir�menfs �pplicable to housing funded tnrough HUD's Community p(anning and D�v�(opmenf (CPD) programs. Sfate and (ocal jurisdictions thai receive funding from tha Comrnuni�y D�velopm�ni Block Grant (CDBG} Program, ' HO�AE Prograrn, McKinney Act homeless programs and other CPD programs must pr��arz f� meet G-�ess requirem�nts by Septenber � 5, 2000, • . . 6 0 e Attachmeni '1 ADDRESSING LEAD-BASED PAINT iN LOCAL HOUSING PROGRAMS -- KEY I.ESSONS � Why is Action Needed? ❑ Lead-based paint in old�r housing is the primary czuse of lead poisoning ➢ 64 miliion homes have lead-based paint. ➢ 20 million homes have condi6ons that expose families to unsafe leveis ofi lead, C] Lead•based p2int tn� eatens t�e haal�h and f��ture of families and our children. Withou� a;;6on, i� also poses a thre�t to housirig provider. � ' , ❑ ir�mendous progrzss has been rads in reducing lead poisoni�g. Lead-based paint in housing is the fina( remaining source oF i�ad tha; directly threatens farniiies. ❑ States and commu�iti�s ar� meeting thz challeng�. � ➢ The new rzgulaiio'n p� esents chall�nges — it �vifl impact h�using program production and operations. ➢ Programs in many communities are already successfuily addressing fead. � Practical actions �re availabie ihat protect families Understanding l.ead andiLead-Based paint Haxards � � C] Lead poisoning does � ok have o6vious symptoms, but it has long-term efiects. ➢ Some potenGai e�ecfs include damage to brain and nervous system, loss of inteliignnce, and leaming di�cul6es. ; ,� The only ��.ay to kno��� f�r sure if someone has b�en pois�ned is to perform � biood t�st. ❑ No; all lead-based paint is a h�zarJ. ➢ Intact lead-bas�d pa�nt does nof cause lead exposure. r LeGd hazards include deteriorated paint, l�ad-contaminated dust a�d lead-contaminal� s�il. Meeting the New Lead-Based Paint Regulation _. ❑ The neti�, lead-based paint regula6on em�hasizes p�c6cai solu'�ions. . r P,�quired actions d�aend upon tne ac4�rity, as µreli as the a�ount and dura5on o� Fed�r�l assist�nce. ➢ Lead hazard rGduction, t�ther than abafemen� ❑ The regufation gives States and communi`�es flexibility. 2 � • • ,�� ' . • • t� � . � � � ' ' . T ` TAKING ACTION TO ADDRESS LEAD-BASED PAINT . ' ' By September 15, 200�, successful State and local housing programs receiving Federal funds V�ill have; ❑ Revised their pragram procedures and documents to implement the addi6onal steps required for, 9 Providing notification � Y� IdenGfying lead hazards ➢ Perfotming lead h2zard reduction, using safe work p2ctices and achiaving "ciearnce" ' ➢ Impiem�nting ongoing maintenance where required . !' i P,esponding to lead poisoned chiidren � � � Obtained training for contractors and program staF on lead F;azard evaluation and reduc6o�: ` I ❑ Qeveloped methods and assembled materiais to educate rental property o,�msrs, horneo�;m�rs, and occupants � oi rental housing about the nevr r�quirements. � �Cl Estab(ished working relationships with lead pro�essionals and key par�e�s, such as risk 2ss�ssors and . � clearance technicians, public heai�h deparfinents and HUD lead grantees. Q Created procedurzs far determining when is it more cost-e� ective to presume tnat i�ad h�a�s are present, and � I when it makes sense to evaluate a pro�er-ty. � i 0 3 0 i T N N 4 C ,L �C..) (C N" •� N 0 CJ V U -'-' C • O ^tJ' C 0 � � � �� � � N O •C ~ y 4+, � fC � ` Cn • N ::�: : C d •� � V •c V � C:1 'CS ;�j :`O'.. . � � V ..... d � . � .� R CL C ,C O � •C..l C G7 � [3' C7" C'7 r �� � � � C •� N '� � �.. � ��., N �. �. ''� .��c.� Q� �, c�:•o" m vc�i ;n n. o`ocr � o�• o ` c� E � . c�i .�� �• c C CII o c o � ' � '� � p N '� "'V �+ in � 'V •(� 'D U E p .• v'' • `� � C ` r L� T� �A u .0 . �/1 N CJ S .�.. c�i , . . , �t �r � � C.� � c i-� j o � 0 .� o . C p � � .0 . U N . ' � ln �C � � � ,� � 1 O ,� (�"3 ,f�CJ _ i N � N C: U ��• � N:Q.. C i G CJ � d �� � 47 � .0 -� • p� i � t� Zj �-. lG -C .iC � CL .p : '� ' , � �V C U •L3. Q. C C F.., a CJ .� •,. � ,. ,N ` a � x o � . (� � r0��'. � C.1 � i� G1. 0 O � tn �'`'L7 N N ` .� •r V •C �'0.;5. C� N t��0 C.� O .d .L� •� ..� b :b : ��'` � N Q � .b C3 ''� •f.� C. ' �' � C � � � N N +U1 O � � C� • N': '� � CL . C� U }- �- }-- � O p S7 O y . � � � � . �.� � 'l . C, �.. C v ,�p .. . ' • � C O U7 C�J '� O � .L'] � .�.: � � � - O C V � th � p _. CJ C � •: rC„ ('�J � � � 'V �C •'J �-�j V O . vf •fJ• ` U � .0 �.�j'•.. . C� t�n C. �'�' �"` p Q. ' � V'� . C]. C..J _•:C' � -� G O j..� • x O +O. �y b O O �C._.a :. �J •N en CJ U 4� 'b [3 U O'D ..._ t� C N � CJ..tQ. Q � N � C.� ._. O C C �� C� C.1 �o -a.•'c�•• � t- � E o.o ��-. � �•� o � C o � �< � ••� N �c c x �"W �� r � r �n . C � � .n a n ,'�•, ° Q d G� C� cY.�i 'o �!1J C� ��'�L+�., a� h ` c. o c> .� � �N � �. p . • ,c � O C C . N T7 tn �� • •...• N � . C3 . C 0 0 �.:'vi'•. ' -o � ._.. . � � r . n. o .� � o C •� •• � c�j y 'V ' �c :� � � j in _ � o � co.• . p � � . a G� `_ � � �c3 � N .-�'. ��. � vNj C Q- O � p'� p O� ,C (/ � tfT " �C : . V1 �N . p O .y O +. 'D y � p CJ��' .• n, �� V O C :� C. C � O � p� >. �-" , � � ✓ i ��� � U C'. O . • `C C .X �� . � C� 'v�' G p � vi � �i M �': 4� � ii c C!J i..% Z Z L'. t1. � '� V I � � � � . y v� i� � U ^ � ... . � O tn ' H C7 :U p C U X '� •y G � tn b7 ' O � C: U u� C" � C •� r � 'Y v� C/ .0 . C � � :� Q `p o � p � � C� O � ' Q, •N N�; 3 O C O `'�" G C�J O � �. �� r �'7 A .._. o n' �� � � y a'.a ` � y �n r, � c � ',' •' - I cy a�'i en r r� o p,o;�c--�c 'y c�� V I r Q L' '�...' .'O � � U C. �'�: R � O � t_n '� C � • � •� v . '� • � . ' p C7 O •C � V V: y . . G i � • .i,. � � .o � p b > 0 0 ._�.1 • ca . c � Z c q.�� '[7 'O cs = O� p C �. �.. ., � �, � � ,� r G O q C t0 G �- o .V 1�.LU O � � � � O � � � � � 'o '0 V V� �.y � v C � � � Q N.'� L � iV t�C '�O �� O L1. ttf -o O O > O O Cil �¢x� z �w ...ic� o w o r� Attachment 3 FOUR APPROACWES TO IMPLEMENTING L.EAD HAZARD EVALUAiION AND REpUCTION ' . ' • � APPROACH 1. DO NO HARM � ' . � l:ead Haxard Evaluation l.ead Hazard Reduction Options Paint testing per�ormed on surfaces Repair surfaces dis!urbed du�ng Presume lead•based paint is to ba distur�ed. wo�C. preseni and uss safe wo�c pr�ctices Safe �rrork practices used when on all suriaces b�ing dis�uroed. ��:o�Cing on ar�s id�nti�ed as lead- bas�d paint. � Clearance perforrned on tivor'R sftz. � . Af'f'ROACN 2: ID�NT1rYAND STABILtZ��DETERiORATED �PA1NT. . ." � Lead Hazard Evaluation Lead Hazard Reduction Options Vsual assessment pet�ormed to Paint stabilization of identified Periorm paint testing on ' .ideri6fy deteriorated paint. deteriorated paint. det�riora�ed painf. Sa�e work Saie �rork practices used. P��ctice requirements only apply to . . lead-based paint. � Ciearance perormed unit-tivide. , ��APPROACH�3, lD�N71FY AND CON7ROL•L�AQ H`7 RbS • : • Lead Hazard Evaluation Lead Hazard R�duction Options Paint t�sting pe� iormed on surfaces interim controls p�rormed on Presum� I�ad b2sAci paint andlor to b� distu�ed. idenCfied h�ards. . lead based paint ha>ards ar� • Risk assessment per�ormed on SaFe work practices used. P�sen� and perorm standard en��e dweiling: . • treatments. Gearance performed unit-ti�ride. .... _ 'APPROACH;4. .1DENTIFY AND AB`ATE LFAD HAZ.Af�pS .' . �.. _ . l.ead Hazard �valuation Lead Nazard Reduc`uon Options Paint testing perforned on su�acPs AbaiemenE pe�otmed on identi7ed Presume lea�-based paint andior to b� disturbrd. � h�ards: I�ad-based paini hazards 2r� Risk assessment perforr�ed on interim controis performed on� P�s�nt and p�riorm abatement on • en6re dw�lling. • idenu ied hazards on tne exterior tnat all appiicabie sur�aces � �' ar� not distur��d by r�habilita5on. �°�°riorted, impact, friction, cn�ti�rable suraces, a�d suriaces.to � Saie work practices used. be distur�d. ' Ciearance performed unit-��rid�. . A'it'ACHMENT 4 "LEAD SPEAK" - A BRIEF GLpSSARY C4MMON LEAD-BASED pA1NT TERMS Lead•Based paint: Paint that con�ains at feast 1 miiligrarn per centim�tersquare (r�gJcm�) o� lead. Also measured as great�r t�an 0.5 percent lead or has 5,000 par�s per mi(lion (ppm) laad by dry tiveight. Lead-Based Paint Hazards: Housing conditions tnat cause humzn exposu�e to unsa�a leve!s of lead from paint. Tn�se conditions inciude detsriorated laad-based paint; fi�'c�on, impact or chev,abl� painEed suria;;es; l�ad-conEamina�ed dust; or I�ad- con�aminated soil. LEAD HAZARD EVALUATION �"sual Assessment: R visual evaluation o( interior and ext�rior painled surfaces to identify specmc conditions that con�ibui� to lead-based paint hazards. The assessment is �per��rmed by a certiried risk assessor or Housing Quality Sta�dards.(HQS) •inspector tr2ined in visual assessment. ' � - , Paint Testing: Testing of speciiic surfaces, b � XRF (x-ray fluorescence) or lab analysis, to d�termine t�e lead content o� thes� surfaces, performed by a ce�tified laad-based paint inspector or certified risk assessor, � 1 � Risk Assessment: A cornprehensive evalua5on for lead-based paint hazar�s that includes p�:n� t�sting, c�usf antl soi! sampii�g, and a visuai evaluation. The risk assessm�ni report iden�Ti�s i�ad hazards and aparopriata i��d h�za�d reduction ne�nods. �; c�r`ured ris!c zssessor must conduct lh� assessm�nt. Lead Hazard Screen: A lir�ited risk assessm�nt activity tnat can be perormed instead of a rs'; �ssessmeni in units tna� mE�t ce�ain crite�a (e.g, good condition). The screen musi b� perotmed by a cer`uiied risk asses�or. lT tn� un�t fails fne I�ad hazard � screen, a fiull risk assessmQnt must be performe8. ' Clearance Examination: Clearance is per�ormed af�er hzard reduc5on, r�habilita�ion or mGintsnance ac6v��es to detamine r` a uni� is safe f�r occuaancy. (t invoives a visuai assessm�nt, analysis of dust and soil samp(�s, and prepa� �6on of rrport. � � ce�; i�d risk assessor, paint inspector, or ciea�-�nce fechnician (independent from entit}rCndividuai condu�fing paini st�bilizGSon �r h�.ard reduction) conducts clea�ance. LEAD NAZARD REDUCTION Pain� Stabilization: /kn interim conao( method that stabilizes p�inted sur�ces and addressed f;7e underiying caus� of de�srio�ation. Steps inciude repairing deiectiv� surfaces, remoti�ing loose paint and applying ns�r� paint. interin Controls: Set o� measures to tempor�rily control lea�-based paint hazards. • Inte�m controi m�thods must �� compl�fed by qualiii�d ti�ror'�:ers using sa�e ti�;orf: pr�ctices. �ollor�r-up monitoring is nesded. 5fandard Treatmenfs: � complate set of interim control me�hods tn4t �vh�n used t�ge�her t�nporarily con�ol �II po;e�5al lead ha=ards in 2 un;t. Because�fne}i �ddress a!I condiuons, G risk �ssessment o� ofher evaiva5on is noi need�d. Standa� t eatments must be com�leted by qualiii�d tivor'�ers using saE� }�ror'�c practices. As vri�`� interim contro(s, follo�r�•u� monito���g is needed. ' Abatement: ��i�asures to petmarnntly control laad-base� paint or lead-based paint h2zar�s. LEAD P�(SONING � Environmentat lntervention �Iood l:ead Level: 7he fevel of lead in blood that requires intervention in a chiid under age six. This is defined as a biood lead levef of 24 �g/dl. (micrograrns.per deciliter) of �rrhole biood or above for a singie test, or blood lead levels oi 15-'I9 Ngldl. in two tests taken at least three months apart ' LEAb-BAS�D PAINT � KEY UNiTS 0�'�M�ASUR�MENT Ng (i4licrogram): A microgram is 1/1000� of a milligram (or one thousand micrograms are ne�ded to equal a milligram). To put this uni� into perspe�tive, a pe�ny �veighs•2 grams. To get a microgram, you would ne�d to divide the penny into 2 miilion pieces. A microgram is one of those tvio miliion pieces. ft= (Square foo,): One square foof is equai to an area that has a length o� one foot (12 inches) and a aridth o� one foot (12 inches). . �,g/d L: FAicrograms p�r decilitar, used to measure the level of lead in child�en's blood to estabiish whelher in�erven6on is � n��ded. A decili�pr is a littl� less than hai� a cup. As noted above, a microgram is the sam� tti�e;ght as one part of a penny divided into hvo million pa�ts. . _ . �g/gram: Micrograms p�r gram of sample, equivalent to parts per million (ppm) by ti�;eighi: ,� ,�►�lft�: Microgr�ms per square feei is the measuremeni used to measure leveis of lead irr dust and soil sampl�s. 7he clear�nce repa�t should have the resuits listed in }�ght= (micrograms per square foot), . mglcm2: PAilligrams per square centimeter, uGed for paint by XRF inachines. . � percent: Per�ent by vreight, use8 usually for lead-based paint (1 percent � 10,000 µglgram) • ppm: Pa �s p�r million by weight, equivalent to µg/gram•(10,000 ppm =1 percent). I.EAD-SASED f'AINT STAtJDARDS • Pain�-- pefinition o� Lead-�ased Paint Paint ti�at contains at feasE: ➢ � milligr�m per cen6meters square (mglcmz) o� lead; A 0,6 percent lead; or ➢' 5,000 parts prr miilion (ppm) lead by dry weigh� � Qust--i'hresholds for Lead•Contamination (P.isk AssessmentlClearance) ➢ Floors ➢ Interior window siris ➢ VYndo�r� troughs (Clea2nce only) Soil �ihreshoSds for 5oil Con�amination r Pta� areas used by children under age 6 � Other areas ? �0 �g1�2 250 }�gti�= soa u�m= �00 µg/gr2m 2,000 µg/grm Attachment 5—SUMMARY OF MAJOR R�GULATION CHANGES BY AC71V(TY TABLE �f� RFHARIi 1re�rin� err�v�Ti�c -- , ,�.., CURRENT REQUIREMcM'S NEW REQUIREh1ENTS (Ai) activities) < $5000tunit $5000 - $25,OOOlunit > $25,OOOtunit Applicability Appticabilrty ' Undsr lhe cuRent regulation, the lead-based pain� The netiv regu(a6on oullines lead-based paint requirenents speci6cai!y for requirements for �ehzbilita�pn are the same as those Federaily fi,�nded rehabilita6on �vor'�c. Tn�s� reauirzments appiy to HUD f�r o�her acbvi5es, E2ch CPD program has its oti�n programs 6hat providz assis;arce for reha�ili;�5on, i�c(uding CPD-��nd� lead-based paint re�ulaGons, rchabilitation acGvities. , Le2d•bzsed paint requirem�nts Gre similar Gcross The lead-basad painf requ're:n�nts for rehzbili;a5on,work, as�descri�ed in th:; CPD prcgrams (most simply re�ar to 24 CFR 3�). Th� pa�t o� Ltie regulation, are G7� sam� r�g�;d��ss �f Ci� source o� program HJ��IE p�ogram has Ihe most extensive �uidance on funding, but they diRer bascd o� th� lev�! o� funding lo z pro�;ty. requirements. CD�v appli�s lead requirements oniy • to rehebilita6on acGviSes. � Notification � � Nptiiication Occupanfs, o�sner occupanfs, and purchasers o� S�me as curre�t requiremen� � assisted prop�rties must receive notincaGon of t�e The ne�v r;.gulation also requirzs ��n-i �en no��e l� occupants infori�ninc t,ti�� o� poten5ai presznce and hazards of lead-based paint, I�ad ha`ard evaluaGon or reducbon ac6viti�. NoGncaGon is achieved through the distribution of the - EPA/NUD/CPSC lead-based paint hzzard informa�on pamphleG ��: property oti�;ners (qo�h subsidi>ed and r7arket rale) • mus� c�isclose av2ilable intort7ation about fhe . Fresence of lead-based paint and provide prospectiv� ! ' • buyersloccupanis ti�.i�h any exis6�g docum�ntation on � . known lezd-bas�d paint hazards in t�e dtiv�lling uni� , ��suaf Inspection paint Tesfing Paint Testing and P.isk Assessment V s�af insoec6o�s must be pa� forr�ed on properties P�inted surfa;xs G�at v:ill R.�habilita`.io� asssEance c,eat�r 6tian S5000 �r � cons�rc��d F��or l01975 to idan5fy cefecav2 paint be disturoed during' �nit requires a hi�h�r I�vel of 1�28 hazard sur�zces. r�habilitation must be evalua5on. tested for lead-based • painf Testing — 7est sur;acrs that ���i(I b� paint, unl�ss a sur�ace is Gistur��o b� �i� reiabilitafion tor IcBd-b2s�� sssun�d to contain Isad- p2;nt. For sur,'a:.�s assum� to contai� i�ad- based painl, based pzint, tes��na is not required. � , • P.isfc Asse�snent—An assessment e� a ' ' dweii;n� to c���ck for Li� pres�nce o� lead- based pai�t hzzards. It includ�s a visu�; � . assessn_nt o` dusti soil, an� paint �nd 2 ��rtiren repor; o� �ie rEsults. � � • Option for un�`s receNing assistance befw�en 55,000 �nd 525,400 -Th� cr2�`.� may Gss�m� ti�at lead-bas� p2int and (�a� h�ards Gre p;es�nt, f�rego Gia pcini l�s6ng end risl: a�s2:sme,�t, and conduct st�r�dard �ea��r,ts. • Opton fo; uni`s'receiving more ti�an $25,000—Tn� 5rante� may assume G�zt isa�- based p2i�t a�d I�ad hzzards are prGsen!, foreco p�in`•. t:�5ng 2r,d ris: Gssessm�n�, er�d abafz a!{ paint� sur�a:;es dis�urti� d�ri�g re�abi:il25or, Cat crz presum� to hav� I�ad- • based p2inf 2�C all prsumvd h�a�ds.. . SUMMARY OF MAJOR REGULATION CNANGES sY ACTIVITY i A�LC �: ttrHA�IUTATION ACTIVITI�S (Continued) - • CURRENT REQUIREMENTS NEV/ REQUIREMENTS (All activities) ' • < $50001unit 55000 • $25,OOOlunit > $25,OOOlunit 7reatment Paint Repair Lead Hazard Abatem�nt Any defective p2int surfaces must be safely freated Repair surfaces tha� are Redudion Any lead-based pai�t during rehabilita6on. Under the current regulalions, disturbed by �ny lead-based pzint hazards found in uni�s lhis requires removal or covering of G�e d2�ecfive rehabililauon in 2 saf2 hazards found during and conmon areas surface. manner. ��e risk zssessment must be controil�d musl 6e controll�d using abafement • us;ng in,e�m con�rols or me!,iais. • a�al�rn�nt me�nods, Lead-based paint SI2rd2rd Cea�ter,s h�ards on ex�erior must be pe�forned sura�„�s that are no� wh�n ne evalua5on is disfu���d durir�g � conducl�d and the rehabililation mus; be , pres��cs o( le�d-bas�d c�ntroli� using e�,her � pzin; hza;ds is int�rim controls or assum��, abalement Safe Work Pra�ices Safe ti'Jork Practices � �urrent r�gulations establish some provisions P,ehabi!ila5on ti��ork C�at dishurbs suriaces knoYm or assumed fo contain laad- regarding safe and proribiled me�hods for tivork. based painf must be per�orm� using safe �v�r'R practic�s. Saie work practices . 2re nol required for woric Ltia� dislurbs su�2cr-,s b2►oVi d� minimis levels. i he new recula6on eslablish�s more e�e,�sive r�quirements for sa�e work ' p; acliws, inciuding an upda�ed list o; protii:,it�d me�nods. There are zddiGonal safaf}� pre;,�utions for occupant prc��c�on, �ver:<site prapars6on, and cf�a.�up acGvi��s. . Clearance Clea;ance Nof required. Once hazard reducGo� ti�;orb; is corrp!e;�d, z clearance examinaGon must be peromed by a ce� uned pro�ession<I to ensure G��i no lead-based paini � hazards renain. Clear�nce is rquirad for eli c2;�ories of rehzbililation activities. . For rehabilitaEon 2ssist2nce. c�5,000 p�r unit, cl�arance is req��irE3 orly for �e vror'�si;�. For rehabilita6on essisf2n� >S5,Q00 p�r unit, clearan:� is required for G�e u�i,, COf�1fT10f1 ci2ZS, ard ex��rior area; vmere re�acili�a5on too;�c placs, , Cl�arance invoives a vi;ual assessm��t and dusl fes6ng aF�r cleanup is complete, A clearan� repor� must b� preparEJ. If abateme�t is conduct�, an .; cbafement report is required in olac� o� a dezrance repor`� Ongoing hiainfenance and Monitoring Ongoing hiaintenance Non� required. Own�;s of rental pro���s receio�ng rehabilila5en assislan� t,`�rough t�e • HOP�1c program must inco�pora?e en�oi��g lez� bas� paint maintenanc� ecbr�5es into regular bui�ding cpera5ons. •EBL ftequirements " Environmental Intervertion Blood Lead Le•rei P.equirements If 2n E6L child is id.n5fied, chewabl� suRaces musl The ne�rr regulation does no: requir� a�Gon by erzn;��s ti��h�n a child ��ri� �n b� t�st�d for 1�2d-bas�d p2int 2nd �eat� as environm�n�al interven6on biood IeGd level is fo��nd to br living in a unit G�z; h2s n�xssary. • rec�ived rehabili�a5on �ssist2�ce. • . , .'.;'�_. ,.-.� 1.� . 9 �'' �, �5 ���L '�'':;� � 1 Il; .,.�`I✓.:'�i��17 :I �.,. —,: .a TABLE 2: TENANT��ASED RENTAL: ASSiSTANC� ACT�IIITIES CURRENT FtEQUIREhfENTS ��ApPlicability . Under the curent regutaEion, Ihe lead-bas�J paint requiremen(s (or tenanl-bas� renlal assis;ance activities are the same as Ihose for other program 2ciiviUes. Each CPO program has iis owr lead-b2sed pain� f yUlaGat. Lead-based p2int requirem�nts are sinilar across CPO progr�ms (most sinply refer to 2d CFR 35). The generzl raquiremenfs that appiy to 21! l�ese prog:ams 2ra d?scribed below. NotificaGon Oocc:pants mu;, r�^.,eive a no'trf'icaGon a�out l��a Fot�n,iai p;esence and Fz.�.ar�s o( i�ad-b2s� pzint. No!ifia�ion ca� be achiaved through the �slribution o( the EPAlrUD,'CPSC lead-bzs� paint hazard in`or,�a;ion p�mphleL A!I pro���ty ovm�rs (Eoth subsidized and m2rket rts) must dsc!ose a��2ilable in(omation 2ba�t lha presence of ►ead-based paint and provid� pros�ctive buyers/o�upants wi�h any exisiing daume�ta�on o� kno+vn lead•based paint hazards in lhe �velling unit. Ysuai inspection Units cccupisd by f2milies v,ith ctiildren under zge seven must be i�isu211y insFe �� (or dafeciive paint sur(aces prior to caupancy and on �n or,going b2sis. 7reatment '� De��,-iiv� paint sur�acas must h,v s� e!y (reated wiltiin 30 days o( l7e ins�;ion ei�ner by coverir�g btie sur�ace �vi�ti perR-,anent �vail qverinQ (such �s wa!I�aard) or by s�aping a�d rapz+nting C�� sur�zce, � Safe �'Jortc Prac6ces C��rrerl r�ul2tions es,sbii;h some provisio� s reoa;ding szfa and prohioi;� me�hcds fcr tivor�. • Clearance r�oc ���;��. Ongoing hlaintenance and 1�ton�oring Ivone rzquirrd. EEI. Requirements , If an E8L u'�iid is ic'entm�; ch�wGbie su�aces must k� tested. r Iea�- basd' p2int is present, the su��ces must � abatrd. NEW REQUIR�hiEr{TS Applicability The nevr reguia;ion ou0ines le2d•b2s� paint requirements spedficall� icr Federaily funded tenant-basrd �2�,�! 2ssistance wo��. '(hese rEquiremen�s a�ply lo NUD prcgrams fhat'p;ovida 2ssistaace {or tenant-based renlal assEslance, including CPD-f��nd� tana�,-b2se� r2nta12ssistznce aclivi5es, Notincation • Same as currcnt r�uirem�n: I il� f12',Y f2�U�ci10f1 cISO f2^y�li c'S Y,7j;;?� ���I� (0 C�Upants infor„ �i�g (,io„� Q� �'-�d h�ard ev2luation or r�u�ion a��r•itie.s, ' �sual Assessment U�d�r !ha ne�rr rc�ui2lion, units cccuci�� by tani!ies V;i�h children urd�; 2cz siz r�'us, Ee insp�� for de;eriora!ed p�ir ; ss:iac: s, q visual 2ss�nenE is a ��rsu21 sea�ch {or crz�xing, s:.aling, �-!;ng, or e:iippir�� pzinL P�intSwbilizabon AI! ��teriorz,ed painl su��� in a�dwe!Ii�� nus� und�rco pain, s��b1I1ZcJG1. � P�int s,a�ili��!ion is similar to tt�e tr�2; ;;e,;; a�i;viii� r�uire� cnd�; C�rr��� f�yvi2i19fiS. HGSY�Y°r, 2�di�l0ilci S'c�c�'_'c:CS ffl'JSi FP If��plamen�",.-{�i i0 (�Jl'.^.2 �`I� fS� Gi Cf�"eiiil� (?2�;{j (J�S�. 5afe Ylork practices PG�� i Si2b��lZ2:l0i1 (i1U$i �? P�i i0fiil�;,� USi �� Sci8140(�f. Q: c1�;C�$. 1}18 fi='N fc�JIcJOl1 h2S �ilOiQ 2JCiB151Y8 (��;1ii�,i�°;is� fOf Se'i� Y10r<p��CcS� Ifi�;U�li�� 2il I;CCic'i� �tSi Oi Qf0}libl;� ��i�0�?�, j'��; � c�c cG�G�ibO(lei sa�ety pi�UJCfiS i0f oca�zit pro�e� i�n, vroricsita prepa� atier,, ar.d d�an�p activi6es. Clearznce A`e: pa�r,� s,sbiiization, a dearan� �x�,;,i�� icn nusl ���orr�� b� a �rilii�j Pfp;�;ion21 fo ensur� (7c: c�i f yt:lf� y,'pf5( �q�S d0i13 c^� f10 i5c'-,�i. Eas� pa:nl hazards remai�. CI°,4C2f:C.,° I��YOIY� a yj_cU2� 2SS2SSfil�tti c.iC'i G°�Si les'i�g �„er c1�2RU� IS pCtp��i�, Ongoing t�taintenance O�,vne , oE ei( t�rzn��b2sVt1 ren�2! 2ssis;2nce p�Fer�ies mus, in��or'.e ongeir,g tead•h2s�ri p�inl r2i,�tenan� ��;ivi;ie; info r�u!zr buildng or:�����s: Environmen�l intervention Blood Lead Levei P,equiremen� H child vri�h an envirunmen,al in,�:ven�cn blooci le� level is ic+en� i�, �� ��mpr must com�lele a rsc zs,.�ssnanE oE the d�,ti•�Iling u,�i; whera tne Gild r:s �e.s vrithi� 15 cafend:r �ay; znd c�,;duc� int�r�m conCcts er 2baEe,;,�i; Kili7;n i5 cz;endzr days c� ds'�c 2ssrss„_nt to �nUoi Gi� identr� I� h:.s;,as. T�10 g2�i:? fit:lSi CO(T1iTiUfllCci2 V�iu: .Sic:� ciid �G�� f122�i11 2,Q,��CloS t•? Fi'�'r:�? 2nd r�iv� iden�'�,�c2�io� in`or,;;�;ion a`_��Ui Cfli!dren �'r;itl B.'1VIi0�tilVli�ei inierre�;ion blcr�J lead lev-' ���+ �:S. QUc�t..n�, C�2:�:�a IT1USi �%!C� I��iGfTii2;Jlt�� envi;��mental interven�en bicrd is�d (e�z! �;e.s wilh n��es 2nd �c;cssw e; (amilies r �ivino Fed?rzl assis�ance. 10 � � , ` # •'� TABLE 3: ACQUISITlON, LEASING, SUPp�RT SERVICES, AND (1t�GR/lT�n�ie n��rn►�-,,�rr. • • •..•.•�.a�v�r�r-�v11v1I1�J � '� CURREN7 REQUIR�MEN7S NEtiV REQUIREh1ENTS Applicabil'rty ApPiicability Unde� lhe curren� regulation, t�e le2d-based pamt requirements for T'ne nev� regula6on outlines fea�-b2se-� pzint r�quiremenls s�cifi�ily for 2cquisition, feasing, support services, and oPera?ions activilies are Ihe Federall� (undcci acquisilion, lassir,g, suppor', services, and opera�ons vror',�. sane as lhose for�other prograT a�ivities. Each CPp pregram has Thesa r�uiremenls a�ply lo NUD prcgzms Ih ; provide sssistanc� for its o��m I..ad-base., pairt regulation, zcquisi�on, leasing, suo�ori sen•ica:, ��d o�r6ons a�tivitir.s, ir,cludng CPD- Lead•b2srJ painl r�uiramenls 2re s�ni�a� a: ress CPO programs �ucdrd a�q�is9tion, leasir,g, su�,�� s��vices, znd opera,ions �ctiv;yes, (ncst simply refer tc 24 CFR 35). However, the NO�;c progrcrn has tn� most exiansive guidzncz on requiremen,s, but it d'riers Fom o�tier prcgrams b/ s�aci"rying adivities that are exempt. 7he general r�ui;emer[s that 2pply to a�! thesp pr�g2ms 2re d`scrib2d below. ' NoGfica;.ion Notifica6on Purchas2�s and ec:.upa�Es o� pro�rties construcl� prior (01978 Same as currznt requir2,�n�. rust r�xive a notification a�out tne polentia! presznce ar.d hazards Tne nev; reeulation 2!so r�uir�s v,;i;,�� no�ice to cccupants inforiing Ltie,7 of of I�ad•bas� paint. This can be achieveci lh;ough the c+istribu�ion of (�:� h�ard eva!uation er redu� i�� z;,uvities, ttie EPA/f-1UD/CPSC lead-basc� paint hazard inicrmation pamphlet. V Ali prope�ty owners (Eo�h subsi�zed and marfiet rate) musl disciose � available in�om;aGon about fhe presence �of le2d-bzsed paint and � provida prosp�live buyersicccupants wi�h any exis6ng • ' . ' c'a:u�ner,tation on knoti�r� lead-basrd pain� hazards in Gtie chveiling . unii. . Vsual lnspection Ysual ,4ssessment Properties conslruct� prior to i978 m�sl � v;�uaily ins�Ced ior Under ths ne�.v r�aula'ion, ins�- �ie�s �or de!erioral� paint su�z:�s a:e d�t�iva pa'snt sur�a�. rquire� in ro �r�ie.s � � a^ r F P- cons�ru��.. Friar to 1,. �S. A visua� as;�;srr:�ni is z vis:.�al s�2rch foc cra�4i��g, s:z!inc, F�tin�, or chipping paini. Treatment Pain;S�bili:ation pe��-five paint sur'�czs nust t� s��ely trea,� e�tne� by c�verina ihe AI; d�le;iorted pzint sura�,�s nust ur,de;go p�inl st2biliz2acn. P2int sur�ace vritn �.,narent wail coveri�g (such as waliboard) or by s,abiliza5on is similar lo the trea:,T�nt 2cGvi5�s requirt' unde; a���e�t saaping znd repafr:ir,g t�e sur,'ac,�, r �ulat?ens Novrever, additicn�! s2�=_gu2rds musi be implement�,' lo r� .'u� l;e risk of I..�ed dusl. Safe Work Practices SaFe Work Practices Curent recula,ions estzblish sone provisions r�arding safs and p�ir,t s!�bifzation nus( Ee Fa;;or,;,: � using s� � wor'�c prac��;. Th� r,� h F,cnioit� meL�1CC�S f0i YlOfiC. ' f"_-^�,..U�ci;O(1 F2S R10(� PX�f15tY„ f�at,Ii �fil �iS f0( S�@ 1HOf�C ct`'.t�10ES� Ii�G�U�i �� o , � p� 2n �'r'd'ei� isi o� prohibitcCf f,l�i.iG'�5. I h°f? ciQ 2G�(i �Onc� Sc�2ij pfo"..�' U`J�^vn5 fcr e�upan; p�otection, w�r',cs;,e prpzra�ion, and deanup 2C�vPu�. Ciearance Clearanca • Not nquir9d. • � �,�,er pai,�t s�zbilizauon, 2 d�22�w exa;nina6on mus� ba y�rom�i by a. c.�r�u ied pro(..ssional to ensure, thal �I! rquicEd vror',c w2s done and ro lee'�- . . bas�ci pzi�; hazzrds remarn. Cl�rzr,ce involv�s a visuai 2ssGssr�nt 2nd dus: f�sti�g a t� cl�nup is compl��e. • Ongoing 1�iaintenance and hlon�oring Ongoing hlaintenanee ' P;one t�virefJ. Gr�;�;.S o� 2a�uisi9on, lezsinc, surG�rt s?rvices, and o�rGons �cii•r�'�; nusi ina�orle onaoing lead-��u+ pGint rr2in�er,aecE a �vi�� infa r��.:!2: bui;�ir,� c�r�5ons. EEL P.equirements Environmen�) Intervenfion 61ood l,ead Lev�l Requirempnts f� an E8! u'�iid is id�ru`�ci, chev;2ble surfaces must � testrd for 7he re�,r r�ula�on does not r�uire �c�ion by gr�n,�s when a u�:id v�� a:� I�a�'•bas� painl �nd L�atrd 2� n�^.kssary, e�ivi;o�mentzf intsrvention ticr.d le..=d lav�i is Found to �(ivirg in 2 un� G��: ' has r�iv� 2�uisiGon, lezsi�g, supYort s�rvices, or e;P� �5cns 2ssi���w. 11 , ;. . • ATTACHMENT 6 • SP�CIAL REQUIREMENTS FOR INSULAR AREAS (24 CFR 35.940J Insular areas are U.S. territories, inciuding American Samoa, Guam, Mariana Islands, Micronesia, Republic of tne Marhall Is(ands, Republic of Palau, Puerio Rico, and Virgin Islands. These areas face condi�ons that ma;<e it an unreasonable burden to meet some o° the mw Izad-based paint 2habilita�ion requiramants; Special "provisions in tne new regulafion establish less stringent rehabilitation requirements for grznt?es in insular areas. Grantees musf stiil meet the n�w requirements for tenanf-based rental assistance and o�ner prog'ram acGvities (e.g. acquisi6on, leasing, supportservice, znd op�ra�ions activiti�s) that must be m�t by all grantzes. �ederal funding up to and including $5,000 per unit. There are no IeGd hazard evaluauon requirements in insulararea projects receiving tnis (evel of fur;tiding. However, the lead h�ar� rzduc�ion requirements are th� same. Any paint disturbed during rahabilitation must be repair�d, and safe woric practices must be used during rehabilitation and the repair of disturbed paint. Aft�r t�e ti�rorfc is completrcf, the �vor'�siie must pass a clea2nce examina�ion before occupants are allowed to retum to areas tivhere worfc �vas performed. � .., . Federal funding over $5,000 per unit Reduced lead hazard evaluation and reduction ' requiremenfs are established•for projec�s in insular areas for.�ehabilitauon greatFr than S5,000. • Qefor� • rehabilita�ion ��rork starts, a visual assessment musl be conduct�d by someone t,-�ined to jdenf'riy dete�orfed pairt. (1"h�re is no paint tesfing or risk assessment requirzments,) Gran!�s�must conduct paint stabilization�on all de�erioraf�d paint and ali su�aces that ��riil be disturb�d d!.iring r�habilita5on. (The2 are no inlerim controls orabat�ment requirements.) 7he dv�eliing units 2nd common areas thatservice those units must p2ss a ciearance examin�tion before occupants are �Iloti�red to occupy roons or spaces ��rhere paint stabilization took place. ' � � .. . . � � i., . �I �,�._ � � .,��.J . 12 -, ,� s- i'. n � ':� N� L� J C,'v- }, L i+ 1' "'�, JSV� ���'�^`:iLI'6� ul���:� ` Disctosure of Informatton on Lead-Sased Paint and/or I.ead-Based Pa1rrt Hazards Lead Waming Siatemerrt Every purchaser of any Inieresi in residential real property on whfch a resideniial dwe!ling was bu11t prior fo 7'978 fs notified that such property may present exposure to lead from lead-based palnt fhat may place young children at risk of developing lead polsoning. Lead poisoning In young chlidren may produce permanenf neurological damage, lncluding leaming disabifiiies, reduced lnteiligence quo�ien#, behavioral problems, and lmpaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any Inferesi !n residential reaf property ts requlred to provide fhe buyer with anyinformafion on lead-based paint hazards from risk nssessments orinspecfions in fhe seiler's po.zsession and nofify fhe buyerof any {mown lead-based paint hazards. A risk cusessmenf or Inspec�ion for possible lead-based paint hazards is recommended prior to purchase Seite�'s Disclosure (a) Presence of lead-based .paint and/or iead-based paint hazards (check (i} or (il) below): (i) Known lead-based paint and/or lead-based paint hazards are preseni in the housing (expl � i n). . (ii) Seiler has no knowiedge of lead-based paint and/or lead-based palnt hazards in fhe housing. (b) Records and reports avai(able to the seiler (check (i) or (ii) below): ' (i} Se11er has provided the purchaser �vith ali available records and reports pertaining to iead- based paint and/or lead-based paint hazards ln tiie housing (fist documents below). (ii) Se11er has no reports or records pertainin� to lead-based paint and/or lead-based paini hazards in the housing. Purchaser's Acknowledgmen� (initial) (c) Purchaser has received copies of ail information listed above. (d) Purchaser has received the pamphlet ProtecfYourFamilyfrornLeadin YourHome. (e) Purchaser has (check (i) or (ii) below): � (i) received a 10-day opportunity (or mi.ttually agreed upon period} fo 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 (ead-based paint and/or lead-based paini ha2ards. Agenfs Acknowtedgment (initiai) , (fl Agent has informed ihe seiler of the seller's obiigations under 42 U.S.C. 4852(dj and is aware of his/her responsibility to ensure compliance. . . Certification of Accuracy The foilowing parties have reviewed the information above and certify, to the best of their knowiedge, that the Information they have provided (s true and accurate. Seiler Daie Seiler Date Purchaser Date Purchaser Date Agen Date Agent • Date r' Dedarad6n de Informad6n sobre Pintura a Base de Piomo y/o Peli�-os de 1a Mntura a Bas� de Pfomo Decl.aradbn sabre los Pellgros dei Ptomo _ � Se notif)ca a todo comprador de cualquler lnfer�s en propledad rea! resldendai. en la cua! fue construlda una vivienda resldenclal anles del ano 197'8, que dlcha prap ledad puede presentar una exposlcl6n a plomo de lo piniura a base de plomo que podr(a poner a nlnosJ6venes en sltuacl6n de rlesgo de desarrollar envenenamlenfo de plomo, E( envenenamlento de plomo en'nlnos j6venes puede producir danos neurol6glcos perrn4nenies, Induyendo incapacldad para e1 aprendlza�e, coclenfe de Intellgencla reduddo, problemas de comport4mlento ymemoria donada. E! envenenamlento de plomo fambl�n representa un pellgro espec�al para las mu)eres embarazadas. E/ vendedor de cuatqulerinfer�s en una propledad prlvada reai resldenciol tiene la obligad6n de proporcionarfe ai comprador toda Ia Informacidn que posea sobre los pellgros de la pinfura a base de plomo que se hayan deferminado en eva/uaciones o/nspecciones de rles,go y de noUfrcarle al compradorsobre cuolquler peligro que conozca de !a pinfura a base de plomo. Se recomlenda realizar una evaluacidn o Inspeccl6n de posiblPs peiigros de la pintura a base de plomo antes de la compra. Declara�bn det Vendedor (a) Presencia de pintura a base de piomo y/o peiigros de pintura a base de plomo (marque (i� o(Ii) abajo): (i) Confirmado que hay pintura a base de plomo y/o peligro �de pintura a base de piomo en la vivienda (explique). ; (ii) EI vendedor no tiene ningun conocimiento de que:haya pintura a base de p(omo en la vivlenda. a base de plomo y/o peligro cie I (b) Archivos e informes disponibies para el vendedor (marque (i) d(ii) abaJo): (i) [! vendedor le ha proporcionado al comprador todos los �rchivos e lnformes disponibles relaciona- � dos con pintura a base de plomo y/o peligro de pintura a�base de p(omo en la vivlenda (anote los documentos abajo). . (ii) E� vendedor no tiene archivos ni informes relacionados con piniura a base de piomo y/o peligro de pintura a base de plomo en la vivienda. Acuse de Recibo dei Comprador (iniciai) (c) EI comprador ha recibido copias de toda la informacibn indicada arriba. (d) EI comprador ha redbido el foileEo titulado PrafeJa a Su famlila deFPlomo en Su Casa. (e) EI comprador ha (marque (i) o(ii) abajoj: � " recibido una oportunidad por �0 dias (o un periodo de tiempo de mufuo acuerdo) para hacer una evaluacion o inspeccion de riesgo de presencia de pinEura a base de piomo o,de peligros de pinfura a base de plomo; o renunciado a la oportunidad de hacer una evaluacion o inspeccion de riesgo de presericia de pintura a base de piomo o de peligros de piniura a base de plomo. Acuse de Recibo del Agenie (iniciai) � (fl EI agente le ha informado al vendedor de las obfigaciones dei vendedor de acuerdo con 42 U.S,C. 4852(d) y esEa conscienfe de su responsabilidad de asegurar su cumplimiento. CerE�caci6n de Exactituci Las partes slgulentes han revisado la informacion que aparece arriba y certifiran que, segun su entender, toda la informacidn que han proporcionado es verdadera y exacta. Vendedor Fecha Comprador Fecha Vendedor Fecha Comprador Fecha Agente Fecha Agente Fecha Are Yvu p1an���� 7'o Buy, Ren�, or �e��� a �flm� ����� Be�ore `I97�? a�e any houses and apartmerits built beFore 7 978 (�ave paint that contains lead (called lead-based paint). Lead from paint, chips, and dust can pose serious heaith hazards iF not taken care of properly, Federal law requires that individuais receive certain information beFore renting, buying, or renovating pre-1 g7g housing: _...��.�w.�'i• :,s i `'� �;�;�,;ti:. < Lt�NDLOhD i r•�;;;-::'__ �'., � S have to disclose known infor- �,; :"��- � mation on lead-based paint and lead-ba �.. ., �a paint hazards before leases tak� efFect, sed �� Leases must include a disclosu�e form 's about lead-based paint. ._' �::.�'M1?�Y; ° ' r,j .. �:_;;=��v, -,`x' ''�� SELL�RS � ,_ •t��� have to disclose known inForma- ':.....,:-•�-..,:...� +; tion on lead-based paint and lead-based ij paint hazards before selling a house. Sales `�' contracts must include a disciosure form �J,= about leaci-based paint: Buyers have up to , �� 10 days to check for lead hazards. , �:=�'f �: ��Y �� r.`:L3. r +; .� ����1' �`� lL` i :., , ��;��� , _.,..,t : ��':�r. x1., �`�Np�A�4�5 have to give you this pamphlet beFore sta�ting v�rork. (After June 1, 1999.) rF uou ����r�-� r�o�� �r�Fa�,,na��o�a on these requirements, caii the National Lead inFormation Ciearinghouse at 7-800-424-LEAD. � __._.....M........._..w._...._.�.._...__........».... ... . his document is Jn the pubiic domain. I[ ma� �� �����'"""rv""'W"""�"'��`••�""."` organization without permission, information pbovided tlUchis� booklet s� basedor upon current scientiFc and technicai understanding of the issues presented and is reflective of [heJurisdictional boundaries estabiished by the statutes governing the co•authoring agencies. Foilo�Ning the adv'ice given wiii not necessarily pro- vide complete prqtec[ion in ail situations or against afl health hazards thac can be caused hy lead exposure, ,� � • ( � � C . � ,` . . ,� • u � '.�i• L t�� S�f ��i t.� l � � . _.....___ _._.... _ ..._ ........ . . . . .. ... . .. . �a� ����� ������ ����y ��� �5��� ��� ��� �����r��� [� �'�� ������� �������� � ��1cT: Lead exposure can harm .young children and babies even before they j are born. � � ����i: Even children who seem health can have high levels of lead in their bodies. .� ��C�. Peopie can get lead in their bodies by � breathing or swailowing lead dust, or by i eating soii or paint chips containing lead. �.�CT: People have many options for reducin lead hazards. In most cases, lead-bas d paint that is in good condition is not a hazard. � � ���i��: Removing lead-based paint imProperly can increase the danger to your family. � If you think your home might have lead hazards, read this pamphiet to learn some � simple sfieps to protect your family. 1 � ��a� G��s rr� �:�e �ac�y i� tt�a� y �`ays �� ���� . Uni�e� 5�� i.e5, ��C3Lai �nol000 chilfi�ret� �ages 'i �co 5 h�av� a �ior�c�-le�d 1����� a�r�ve i�� I�ve� of �C�?�G��'I"1, Even childrer� 1;�.13�{? ��,'3,b.ac7i 13-L�t`?ILhj �c�%1 r7�� L�� d<-�ng�r- cus I��=�!s of 1e��� i,� th�ir c��c:r'i�5. People can get lead in their body if they: � d Put their hands or other objects covered with lead dust in their mouths. � Eat paint chips or soii that contains lead. d Breathe in lead dust (especialiy dur�ng renovations that disturb painted � surf�ces). l.ead is even more dangerous to children than adults because: ' �� Babies and young chiidren often put � their hands and other objects in their, mouths. These objects can have lead� clust on them. � � Children's growing bodies absorb more lead, � Children's brains and nervous systems are more sensiGive to the damaging effects of lead. � � � � � � � � : , ,' � � . � Lead's Effects if not detected ear( levels of lead in their bod es c n�t uffe h from: Q �ama9e to the brain and � nervous system � Behavior and learning �' problems (such as h Siowed growth yp�ractivity) � Hearing problems . � Headac �`��'"� hes � G:�,•, . � Le�ad is aiso harmful to adults. � can suffer from; Ad�1ts ;� Dif�culties during preg�ancy �> Other reproductive probiems (in both men and women) ` �P High blood pressure �� � . , � Digestive problems � . , �,�,� n�r.x �:� Nerve disorders �'=cr�Fr>�: � �> r'=.�r:r,�a,;:k�N � Memory and concentration �"Jj�"'= Q Musc(e and joint pa�n Prob(ems r,d,�,ti,} 0 af�V:n� L�� ,r.,:az � Lead affects the body in many �rrays. 3 r;r,��;, � � � �; I L�'���-e Lea�-S.�s�� Pai�� Is �o��d ----___ �►� [�813�i'a]r Many homes built before qg78 }�a�e lead- ��� pj���' j�our based paint. 7he federal government ��p�.�.�1 ��� banned lead-based paint frorn housing in ����� ����1,� li earlier. Lead cantbe fo�pded its use even has ���d� ��$�� � In homes in the city, country, or suburbs, ��iil�. � In apartments, single-fami�y homes, and both private and public housing, d Inside and outside of the house, � In soii around a home. (Soii can pick up , lead from.exterior paint or other sources such �s p�st ��se of leacled gas in cars.) �;r������� i���.� �'��� ��� � ��- ���:� � ,.M..�..�... ..��..�.....��..�..�. � .� r � o reduce your child's exposure to lead, get your chiid checked, have your home tested (especially if your home has paint in poor condition and was built before '1978), and fix any hazards ou ma Children's blood lead leveis tend to increase r�Pidly from 6 to 12 months of age, and tend to peak at 18 to 24 months of age. Consult your doctor for advice on testing your children. A simpie biood test can detect high levels oF lead. 81ood tests are usualiy recommended for: . � Children at ages 1 and 2, � �`� Chiidren or other famii ma have been exposed to high ebels of i ad. ��:� Chi l d r e n w h o s hou i d be tested under your state or locai health screening pian. Your doctor can expiain what the test results mean and if more testing wi►I be needed. �• j 'llil'���e �e�� r� �,�ke1y To �e � �`����-d L.ead-based paint that is in good condition is usually not a hazard. Peeling, chipping, chaiking, or cracking lead-based paint is a hazard and needs immediate attention. Lead-based paint• may aiso be a hazard when found on surfaces that chiidren can chew or that get a lot of wear-and-tear. These areas include: w WindQws and window sills. � Doors� and door frames. � Stai�s,Irailings, and banisters. 4 Porch�s and fences. Lead dust can form when (ead-based p�int is dry scraped, dry sanded, or heated, Dust �Iso formS W�e� Painted surfaces bump or rub together. Lead chips a--' dust can get on surfaces and objecl that people touch. Settled lead dus can re-enter the air when people va uum, sweep, or walk through �t, Lead in soii can be a hazard when children piay in bare soil or when peopte bring soil into the house on their shoes. Cali your state agency (see page q �) to find out about test- ing soil for lead. ��`~• '''y• �y��'t, <� �;�:7�..:i:i:I�'1': � t....C—•�Y . � CF,'s �7`--- . �— ::=�:�= x�:�t�.:����ir'"<J�.� :. ` �"f ^1�:�.Y:�I.Y\'i`Y.I)::,I� YI.� y %��?� .i �1�..e.l�r�.�1','..�:�t..L. r .. 1'4 .;:�1i:r;:C �y��!.•��� .l�.. Lea� ��ot� pai�3� c}�ips, �:��icn you Cc�T7 5f.'Q, c�Ti� iea� c?��sf, Uv�ic1� ��u �a�'� �Ju►�ays S£'�, Cc3il �?Ot� b� serio�s ��ic.`�1'C�a. r r ���c���g Yo�� �o��� ���' L�ad Hazards .ius� knowing ��a� a hame �as lead- ,based paint l73c,j! t7p� �eil you i� t���re is a ha�a�-d. Y�.:.',�'�, '•-n'.� �: �� ��;� - - >�• :�;�::: .� E� You can get your home checked for lead haz- ards in one of two ways, or both: � A paint inspection tells you the lead content oF every diFFerent type of painted surFace in your home. It won't tell you �vhether the paint is a hazard or how you should deal with it. � 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. F-lave qualified proFessionals do the work, There are staridards in place for certifying lead-based paint professionals to ensure the �vo�k is done safely, reliably, ancl effectively. Contact your state lead poisoning prevention program for more inFormation: Call 1-800- 424-LEAD for a list of cohtacts in your area. 7rained professionals use a range of inethods when checking your home, including: �� Visual inspection of paint condition and location. � A portable x-ray fluorescence (XRF) machine, Q Lab tests of paint sampies, � 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. .� ___,_ . . , , , � . -� r 1 � �.' i . � ."�. � �:. ., �,', ���' ov'I,��i/' .-yi=;.^II'nII�:''I � . � u i�� .. u'i S�1;��..+' •. ��� c� , � � � i. 'v,� y� L' �,7 •,,,a ' . '� J•- . .,-... _ l�`�a� l�ou Car� b� 1`���r �o Pra�ec� �'o�rr �'am�i� . tf you suspect thatyour house has lead hazards, you can take some immediate steps to reduce your family's risk: �!f you rent, notify your land(ord of peeling or chippi�g paint. v Clean up painti chips immediately, � Ciean floors, tnrindow frames, window siils, and other` surfaces weekiy. Use a mop or spongeiwith warm wate� and a genera( ail-purp�ose cieaner or a cleaner made specificaly for lead. REMEMBER; NEVER MIX AIV1 ONIA AND BLEACH PRUDUC7S 70 ETHER SINCE THEY CAN FORiVI q DANGEROUS GAS. �:� 7horoughly rinse sponges and mop heads after cieaning dirty or dusty areas, . �� Wash children's hands often, especiat- ly before they eat and before nap time and bed time. � �i Keep play areas clean. Wash botties, paciFiers, toys, and stufPed animais regulariy. �; Keep children from chewing window silis or other painted surfaces. � Ciean or remove shoes before entering your home to avoid � tracking in lead from soil. w Make sure children eat nutritious, low-fat meals high in iron and calcium; such as spinach and dairy products, Chiidren with good diets absorb fess lead. ��. :'" �, / ,���, � 'i J�) I 4 �--.:y � �r��:ia� , t.. �� :�: �t:.��''� �� a�:."��.,::a , �`` '• �:;:� 7 �a��v �"o Sigr�i�ican��y Re�du-ce �ea�' }�a�ard� ���ov�n� ��ar� i ��,pr�p��-ty �an i;~�c�-�ase ��7e h���rd �o y�i3� ; amily ►�� S�); �aC�117C� �ven tnore lead dus� a�-o.und ��he ��u�e. � I �+1c��'S LIS�' c� p; t�T�ssio,�al ���ho is �ra;r��r� to r�'rn���+� icad na%�FCIS S�iEI�, �;: = .` �i ;S .;=_� ..._ . :� ,: (�,`., � . ;.' ;`: '•.�, � � . � ,•:. • •.�t� . � ' .1 • 7r',' i �� r r�r .� . ,, .•-'•"� �`;� �` � . ; , �'. ;�, •:.;, t� In addition to day-to-day cleaning and good nutrition: �p You can temporarily reduce lead hazards by taking actions such as repairing dam- aged painted surfaces and planting grass to cover soii with high tead levels. These actions (called "interim controls") are not permanent solutions and will need ongo- ing attention. d To permanently�remove lead fiazards, you must hire a certified lead "abate- ment" contractor, Abatement (or perma- nent hazard elimination) methods include removing, sealing, or enclosing . lead-based paint �vith special materials, Just aainting over the hazard �vith regular paint is not enough: . Always hire a person with special training 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 foliow strict safety rules as set by their state or by the federal government. Call your state agency (see page 11 j for help with locating certified contractors in your area and to see if financiai assistance is availabie. ' r; � '.: �' � '' _ !:�� ... ., . U J il 'U� �, ' I` �l'S `; .'��' sIL �,� �U�j� ,,,� , ; ��,,, ,c, I�U �;i`( + a "1�:iJ.�Ji'� �LG1.a M1 . . 1 � �er�od�lin� +��- R��ava�in� a Ho�e �i�� L�ad-��s��d �ain� Take precautions beFore your contractor or you begin remodeling or renovations that disturb painted surfaces (such as scraping � off paint or tearing out walis): �� Have the area tested for lead-based paint. � Do not use a beit-�ander, propane torch, heat gun, d;ry scraper, or dry sandpaper to remo�ve lead-b�sed � paint. These action create large amounts oF lead du�t and fumes. Lead dust can remain in your home long after tne work is do+�e. �� Temporarily move �our family (espe- . ciaily children ancl p�egnant women). .. aut of the apartment or.house untii � the work is done ancl the area �is prop- erly cieaned. If you cari't move jrour family, at least completely seai off the work area. � �ollow ofiher safety measures to reduce lead hazards: You can find out about other safety measures by callirig 'i -800-424-LEAD, Ask f'or the brochure� "Reducing Lead Hazards When Remode(rng Your Home." This brachure �' �' explains what to V�'� ��``-`�;��v� `�'- do before, during, •'���':�'��=� and after renovations. `�'~~'-`�-- �"'���•• �x•' .� i �s I� you have already completed renova- tions or remodeling that couid have released lead-based paint or dus t, g e t� your young children tested and foilow .. the steps outlined on page 7 of this bro�hure. � � ,:t l; . t � i%' 7i �....; , • .'':;.f�.;� � k :, �:. � �� ���•,. : '.>- .� , ��v..;s. >'t;F'•- .'... �� L75>, � � li,� N. T X'.•. #"7-�: � t N•+ ,� � f'�,'..�•.t•"••0��=� ,�.1 '�:�L!•'•: ( . . �;;.�yY:N, ..��,1�::.�' ;� �.:.'�.:.. , . :: .�.,, ��:;;�F;;.;•,;. , x. ���.>• ' �;''S��•>. : .r.r y;� �� �� •�i:::: r;' � ....^ d3 : r`< '�'•',.�?��� '� �1•' �r;._:. • `� +���v�-� . H r �,.,.._- ti�r• s.!'�j i..:. e 'r' :�u.a , .P1-�r�,�-�e`_�:.;! r�J�'�' � r" :r.�"]`:� C1 ����� S���ce� c�f �.e�� �� ---� � Drinking water. Your home might have �', piumbing with lead or lead soider, Call �� � , ;� �;�'=;:� your locai health department or water s� ; t supplier to find out about testing your ',i' �'!,': water, You cannot see, sm ell, or taste '�=-� . lead, and boiling your water wiil not get rid of lead. if you think your plumbing might have lead in it: i���fI71/c �J.�%r7�'� CjUSt� �n� soi! are iha mosf cor»rnUn l,�a�,r h�z�rds, ' r��h�; lead sacr; ces also e;ris�. � • Use only cold water for drinking and cooking. . • Run water far 15 to 30 seconds before drinking it, especially if you have not used your water for a fe�v hours. � The job, if you work with lead; you couid bring it home on your hands or clothes. Sho�ver and change clothes beFore coming home. Launder your work ciothes separately from the rest of your family's clotties, � Old painted toys and furniture. � � Food and liquids stored in lead crystal . or lead-giazed 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. �'� Folk remedies that contain lead, such as "greta" and "azarcon" used to treat an upset stomach. . � �a� �t�re I��art�a�ior� The National Lead (nformation Center Call 'i -800-424-LEAD to learn how to protect children frorri lead poisoning and for other information on lead hazards. (Internet: www.epa.gov/lead and �vww,hud.govllea), . For the hearing impairec�, cali the Federal inFormation Relay Servi�e at 1-800-877- 8339 and ask for the N�tionai Lead Information Center at 1 �800-424-LEAD. � EPA's.Safe Drir,l;ing Water�Hotline Call 7-800-426-4791 for information about lead in drinking water. Consumer Product Safety Commission Hotline To request inFormation on lead in consumer products, or to report an unsafe .consumer product or a prod- uct-related injury cali 'i-800-638- 2772. (Internet: www@cpsc.gov), For the hearing impaired, cail TDD 1- 800-638-8270. y:� =: � ��� ��i� �a �1 '•� `j;'�� • C� , 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 an finding a lead abatement firm in your area, and on possible sources oi financiai aid for reducing lead hazards. Receive up-to-date address and phone inFor- mation for state and (ocai contacts on the Internet at www,epa.gov/lead or contact the National Lead Information Center at 7-800-424-LEAD, i1 0 �1P�i �tet�lOi]�1 �J���CeS Your Regional EPA OFfice can provide further inFormation regard- ing regulations and lead protection programs. EPA Regional Offices Region 1 (Connec[icut, Massachuse[ts, Maine, New Hampshire. Rhode Island, Vermon[) Regional Lead Contac[ U.S. EPA Region 1 Sui[e 1100 (CPT) Onc Congress 5[reet Boston, MA 02114•2023 � (888) 372-73q1 Re�ion 2(New Jersey, New York, Pucr[o Rico, Virgin Islands) P.egional Lead Con[acc U.S. EPA Region 2 2890 L1,bodbridge Avenue Building 209, Mail Stop 225 Edison, fJ1 08837-3079 (732) 321-6671 Region 3 (Delaware, 4Vashington bC, Maryland, Pennsyivania, Virginia, West Virginia) Regional Lead Contact U.S, EPA Region 3 (3�VC33) 1650 Arch Street Philadelphia, PA 19103 . (21 S) 814-5000 Region q (Alabama, Florida, Georgia, Kentucky, Mjssissippi, North Carolina, South Carolina, Tennessee) Regionai Lead Contact U.S. EPA Region 4 61 Forsyth S[reet, SW A[lanta, GA 30303 (404) 562•8998 P.egion 5 (Illinois, Indiana, hlichigan, P�linncso[a, Ohio, 1,Visconsin) Regional Lead Contac[ U.S. EAA Region 5 (DT•Sn 77 West lackson Boulevard Chicago, IL 60604•366fi (312) 836-6003 "I 1 Region 6 (Arkansas, Louisiana, Ne�v Me:�ico, Oklahoma, Te�as) Regional Lead Contac[ U.S. EPA Region 6 1445 Ross Avenue, 12ch Floor Dalias, TX 75202•2733 (214) 665•7577 Region 7 (lowa, Kansas, Missouri, Nehraska) Regionai Lead Contact U.S, EPA Region 7 (ARTD•RALI) 901 N. 5th Street � Kansas City, KS 66101 ' (913) 551-7020 Region 8 (Colorado, Montana, Nor[h Dakota, South Dakota, Utah, b'lyoming) Regional Lead Con[act U,S. EPA Region 8 999 18[h Street, Sui[e 500 Denver, CO 80202•2q66 (303) 312-6021 Region 9 (Arizona, California, Hawaii, Nevada) Regional Lead Contact U.S. Region 9 75 Hawthorne S[ree[ San F�ancisco, CA 94105 ' (415) 744•1124 ' Region 10 (Idaho, Oregon, LVashington, Alaska) , Regional Lead Con[act U,S. EPA Region '10 To;�ics Section �VCM-128 1 Z00 Sixth Avenue Sea[tle, 1rVA 98101 •1128 (206) 553-1985 _.,: Jv)s�� 1;1''��'�� r;<, ��J� -��S . y,�.i i� �` I .. ` •'n.i rn� q�- 'l�� .:"v'I`:�;fl�� il;. ���'� ��gia��t �i�'ices Your Regional CPSC OFfice can provide further information regard- ing regu(ations and consumer product safety. Eastern Regional Center 6 4Vorld Trade Center Vesey_S[reet, Room 350 Ne�v York, NY 10448 (212) 466•1612 Central Regional Center 230 Sou[h Dearborn Street Room 29q4 Chicago, IL 60604-1601 (312) 353•8260 Llkstern Regional Center 600 Harrison S[reet, Room 245 5an Francisco, CA 94107 (415a� 744•2966 I I � I � � � ��� ���� ������ Please contact HUD's pffice oF Lead Hazard Controi for informa- tion on (ead regulations, outreach efforts, and lead hazard control and research grant programs. U.S. Department of Housing and Urban Development OfFice of Lead Hazard Control 45'1 Seventh Street, SW, P-3206 Washington, DC 20410 (202) 755•1785 '� � EXHIBIT "F" Compliance with the Cit_y's MinoritY/Womeu Business Enterpri� Ordinance The City has adopted a goal-oriented program for the inclusion of minority and women business enteiprises (M/WBE) in City contracts through OrdinanceNo. 13471, as amended. The Contractorhas committedto meeting a 25% M/WBE goal on this project. The total of the dollars budgeted in this contract for Housing Development/Economic Development/Landscapingwill be used to determine the accomplishment ofthe percentage goal on the project. Compliance by the Contractor with the goal and/or procedures outlined in the Ordinance is mandatory; failure by the Contractor to comply with such procedures shall constitute a breaclnf this contract and shall be grounds for• termination l� the City. � � `fy 9; , .__ _ � _ � ,�'��� � � � 'Rev.3-8-OS 21 �'. � ',��j, . ; �--�.--�---_"--.�- _. - ,- -. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/19/2004 DATE: Tuesday, October 19, 2004 LOG NAME: 05NORTHGREEN REFERENCE NO.: G-14548 SUBJECT: Reailocation of Funds for Implementation of the North Greenbriar Model Blocks Neighborhood Plan RECOMMENDATION: It is recommended that the City Council-authorize the City Manager to reallocate $600,000 in FY2004- F2005 Home Investment Partnerships Program (HOME) funds, and $600,000 in FY 2004-2005 Community Development Block Grant (CDBG) funds for a total of $1,200,000 to the North Greenbriar Model Blocks Program as follows: Activity: . Home Improvement Program, $600,000, HOME Investment Partnership Program . Home Improvement Program, $70,000, Community Development Block Grant . Minor Home Repair Program, $274,000, Community Development Block Grant . Administration of Minor Home Repair Program, $50,000, Community Development Block Grant . Greenbriar Park Improvements, $200,000, Community Development Block Grant . Entrance Signage, $4,650, Community Development Block Grant . Street Toppers, $1,350, Community Development Block Grant Execute a contract between the City of Fort Worth and the North Greenbriar Revitalization Corporation, (pending their receiving a 501 c 3 designation from the IRS), in the amount of $324,000 to undertake the Minor Home Repair program and the administration of the minor home repair program for the North Greenbriar Model Blocks area over a two-year period beginning on the date of the signing of the contract. DISCUSSION: North Greenbriar Neighborhood Association won the City of Fort Worth's Fifteenth Model Blocks designation in March 2004. The North Greenbriar Model Blocks area is bound on the north by the homes on the North side of Sharondale, on the east by Hemphill Street, on the south by Hamsted Street and on the west by James Avenue. On September 21, 2004 the Housing and Workforce Development Committee unanimously approved this agenda item. SUMMARY OF THE NORTH GREENBRIAR MODEL BLOCKS NEIGHBORHOOD PLAN: The North Greenbriar Neighborhood Plan identifies two major areas for improvement: housing and park infrastructure. In developing its plan, the North Greenbriar Neighborhood Association worked with many area stakeholders such as schools, community groups, non-profit organizations and businesses. The following are North Greenbriar's strategies and goals for utilizing the $1.2 million Model Blocks Program funds: Home Improvement Program, $670,000, (Goal = 18 homes) Minor Home Repair Program, $274,000, (Goal = 68 homes) Logname: OSNORTHGREEN � Page 1 of 2 Z �o z a��d N��2IJH.I.2IONS0 �auz�u�o7 (LESL) aa�II�M a�.uoaa� :;�e�uo� uoi}eu,iao�u� �euo��ipp�y iL£9L) aa�il�M auaoaa� :peaH;ua�.u�ae aa ui�eui �ap i0�69) i6ui��y) aa�assi� a�eQ ';: q a�i}}p s,aa euew ;�� ao� pa}}iwqng 00'000 OL OXX6Z690Z500 OZl6E5 9L2�J 00'09E 6 OXX6Z690Z500 OZ66E5 9L2iJ 00'059 t� OXX6Z690Z500 OZ66E9 9L2iJ 00'000 OOZ OXX6Z690Z500 OZl6E5 9L�lJ 00'000 05 OXX6Z690Z500 OZ66E5 9L2iJ 00'000 009 OEZ6Z690Z500 OZ66E5 9L2iJ 00'000 tiLZ OXX6Z690Z900 OZ66£9 9L2�J 00'000 009 Ot�00E690Z900 OZ66£5 9L�fJ 00'000 009, OXXOE690Z500 OZ66E5 9L?JJ saa�ua��uno��d�pun� wp�� s�a;ua��}uno��d�pun� pl �pun� s�u�a� ay� �o `pa�eiado�dde se `�a6pnq 6ui�eaado }uaa.an� ay� ui a�qe�iene aa� spun� �ey� sai�.i}aa� ao��aaia a�ueui� ayl �NOI1b��1�11213�/NOI1b�W2lO�NI lb��Sl� '61�12�1S1a �I�NflO� u! pa�e�o� si ��afoad siyl 000`OOZ` 6$ I��ol (saaddo� LZ = I�o�) `05£` 6$ `s�addol �aaa�g • (su6is £'= I�oJ) �059`t�$ `a6�u6is a�uea�u� • (ssa��e pooyaoqy6iau anoadw� _ �eo�) `000'OOZ$ `s}uauaanoadw� �aed aei�quaaa� • 000`05$ `��a�oad aieda� auaoH aoui�J �o uoge��siuivapy •