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Contract 26932
CI_f ' ."ECRFTARY STATE OF TEXAS § CONTRACT NO. COUNTY OF TARRANT § THIS contract is made and entered into by and between the City of Fort Worth ("City"), acting by and through Libby Watson, its duly authorized Assistant City Manager, and Polytechnic Community Development Corporation ("Contractor"), by and through Yahya Mumin, its duly authorized President. Contractor's business address is 3640 Avenue M,Fort Worth,TX 76105. 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"), WHEREAS,the primary purpose of the CDBG Program is the development of viable urban communities, by providing decent housing, a suitable living environment and expanding economic opportunities,principally for persons of low and moderate income; and WHEREAS,the primary purpose of the CDBG Program is the development of partnerships in providing decent, affordable housing to low and moderate income families; and WHEREAS, the citizens of Fort Worth and the City Council of Fort Worth have determined that there is a need to assist central city neighborhoods and have designed the Model Blocks Program as a means of assisting those neighborhoods to achieve revitalization; and WHEREAS, the Polytechnic Model Blocks (MB) neighborhood has adopted a comprehensive revitalization strategy and was selected on August 10, 1997 to receive from the City of Fort Worth a Model Blocks award of$1.2 million for neighborhood revitalization; and WHEREAS, Contractor is the implementing arm of the Polytechnic MB area. NOW,THEREFORE,THIS AGREEMENT FURTHER WITNESSETH: That,the parties covenant and agree as follows: 1. Scope of Services a. The City hereby certifies that Contractor is a 501(c)(3), non-profit, development corporation responsible for implementing neighborhood revitalization programs for the Polytechnic MB area. Contractor will carry out housing programs, economic development activities, community facilities development and other neighborhood improvement services in keeping with the comprehensive revitalization strategy developed for the area. Contractor will undertake the activities described in EXHIBIT "A" in accordance with EXHIBIT "B" -PROGRAM TIME LINE. U lac r 'JOU+�tl UP ��a b. Contractor agrees to meet the National Objective of activities benefiting low and moderate income individuals contained in Section 507.208 of the Community Development Block Grants of the HUD regulations ("Regulations"); and to maintain full documentation supporting fulfillment of this National Objective in its files. c. The City shall act through its agent, the City Manager, or his duly authorized representative, unless otherwise stated in this contract. Contractor agrees to comply with the uniform administrative requirements contained in Section 507.502 of the Community Development Block Grants of the HUD Regulations. In addition, Contractor must comply with requirements of Subchapter C of the Regulations. 2. Duration This contract period shall be for a term of two years, from the date of contract execution, with a performance review to be conducted by the City of Fort Worth at the end of the first year. This Contract may be extended for another year for justifiable cause. Contractor shall request the extension in writing and submit the request to the City sixty (60) days prior to the end of the Contract. The City may then approve extension of the Contract for another year. It is specifically understood that it is the City's sole discretion whether to approve or deny the request. If no request for extension is received after the expiration of the term of two (2) years, the unexpended balance shall automatically revert to the City's CDBG Program Fund. In such event, the contract is deemed terminated. 3. Funding City will provide the Contractor with CDBG monies in an amount not to exceed a total of two hundred twenty-four thousand and four hundred and seven dollars ($224,407) to be used as follows to benefit Polytechnic MB residents: a. Minor Home Repair Program(MHRP), in an amount not to exceed fifty thousand dollars ($50,000) to provide minor home repairs to at least eleven (11) owner-occupied homes; and b. Economic Development and Community Facilities, in an amount not to exceed fifty-five thousand dollars ($55,000), to rehabilitate an existing structure to serve as neighborhood activity and skills training center; and C. Install 100 street signs, in an amount not to exceed five thousand dollars \ ($5,000); and d. Housing Development, in an amount not to exceed sixty-two thousand seven hundred eighty-five dollars ($62,785) for rehabilitation or construction of single family or multifamily homes; and e. Operating Support for the above and related programs, in an amount not exceeding fifty-one thousand and six hundred twenty-two dollars ($51,622.00). The MHRP funds must be expended in accordance with EXHIBIT "A" — MHRP PROGRAM DESIGN and the Operating Support Fund in accordance with EXHIBIT "C" 2 4. Compensation and Method of Payment a. City will disburse CDBG monies in an amount up to $224,407 to Contractor on an advance of funds basis. b. Payment will be processed by City following receipt from Contractor 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. Funds for payment of eligible expenses shall be made against the line item budget specified in Exhibit C - Program Operating Budget and in accordance with performance specified in Exhibit B - Program Time Line. c. Contractor agrees to utilize all disbursed CDBG funds for the benefit of the Program . Contractor agrees that funds will be expended in accordance with the Program Operating Budget. Contractor may not increase or decrease line-item amounts in the approved CDBG Program Operating Budget without prior written approval by the City. d. It is understood that CDBG funds represent only a portion of the total cost for operation of this program and that Contractor will obtain the remaining funds in excess of the CDBG amount as detailed in the Program Operating Budget. Contractor will notify City promptly of any additional funding it receives for operation of the Program, and City reserves the right to amend the Program Operating Budget in such instances. e. Contractor agrees to keep all CDBG monies on hand in interest bearing accounts. All interest earned shall be reported to City on a monthly basis, at the same time as submission of the monthly report following the end of the contract month during which the interest was earned. Interest in an amount of$25.00 or less per month may be used for authorized program expenses. These amounts must be reported on the monthly financial statements filed pursuant to this contract. Interest earned in excess of $25.00 per month is subject to remittance to City as directed by City. f. Contractor will not commingle CDBG monies with any other funds in any manner which would prevent City from readily identifying program expenditures for operation of the Program. 5. Amount of Funds a. It is agreed that the total distribution of federal grant fiends made available to or paid on behalf of Contractor, during the term of this contract shall not exceed the total sum of Two hundred twenty-four thousand and four hundred and seven dollars ($224,407). b. Contractor shall be paid on an advance of funds basis for all expenses incurred under this contract. Prior to the release of funds for construction draws work items must pass inspection by the City's Housing Department inspectors evidenced by a completed inspection form (Exhibit F-Request For Inspection). OPERATING BUDGET. Contractor may not increase or decrease line-item amounts in its program and program operating budgets without the prior written approval of the City. GCS uGp PER,U All of the above activities must conform to rules and regulations as set forth in 24CFR570. Contractor will notify the City promptly of any additional funding it receives for operation of the Program, and City reserves the right to amend the program budget in such instances. Contractor will not commingle CDBG monies with any other funds in any manner which would prevent the City from readily identifying program expenditures for operation of the Program. 6. Contractor and Subcontractor Agreements Contractor agrees that all work on the project will be performed under written contracts, and Contractor will ensure that all subcontracted work is performed under written contracts between the General Contractor or Project Manager and subcontractors and suppliers. Copies of contracts between General Contractor or Project Manager and all subcontractors performing work on the project must be submitted to City prior to work being performed. Contractor will require that the General Contractor or Project Manager make payments to all subcontractors, laborers and suppliers by check. Contractor will require all construction contractors and subcontractors to comply with the procedures concerning lead-based paint hazards, in accordance with EXHIBIT "E" - LEAD BASED PAINT GUIDELINES, attached hereto and made a part of this contract. 7. Inspection by City Contractor agrees to cooperate with City in arranging for inspections by representatives of the City of the progress of construction from time to time and will promptly comply with City's requirements and remedy any unsatisfactory conditions regarding construction or the progress thereof. 8. Monitoring by City a. City will monitor the performance of the Contractor against the performance standards required under this Contract not less than annually. Substandard performance as determined by City will constitute noncompliance with this Contract. If action to correct such substandard performance is not taken by Contractor within a reasonable period of time after being notified in writing by City, contract suspension or termination procedures will be initiated. b. Contractor agrees to fully cooperate with City in monitoring the Program. In this regard, Contractor agrees to keep records sufficient to document its compliance with all applicable laws, regulations and Contract terms. In addition, Contractor agrees to fully document all Program expenditures charged to CDBG funds. 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, 0 �r C��1 G1 NA TY R. Nil)°��i, �a state and City guidelines. The City shall have access at all reasonable hours to offices and records (dealing with the use of the funds that are the basis of this Contract) of Contractor, its officers, directors, agents, employees, and subcontractors for the purpose of such monitoring. c. Contractor agrees to likewise monitor the effectiveness of the services and work to be performed by its subcontractors. 9. Income Eligibility The City uses the income definitions used by the Section 8 Program. Annual income includes earned income, income from assets, and income from other sources as defined by 24 CFR Part 5. Annual income is used to establish client eligibility. Contractor agrees to abide by HUD income guidelines, which are specific to the type of project that is undertaken by Contractor. Contractor shall use the most current Income Limits for Low-Income and Very Low-Income Families published by HUD to determine program eligibility. 10. Affirmative Marketing Contractor must adopt affirmative marketing procedures and requirements for the housing units repaired under this Contract. The procedures and requirements must include methods for informing the residents of the Model Blocks area about fair housing laws and policies so as to ensure that individuals, without regard to race, creed, nationality or religion, are given an equal opportunity to participate in the Program. The Contractor will be solely responsible for the effectively marketing the program to achieve the objectives of the program. 11. Uniform Administrative Requirements and Cost Principles a. Financial Management i. Accounting Standards The Contractor agrees to comply with 24 CFR 84.21 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. ii. Cost Principles Contractor shall administer the Program in conformance with OMB Circular A-122, "Cost Principles for Non-Profit Organizations" and attachments and revisions thereto, regarding principles for determining costs for the Program. b. Documentation and Record Keeping i. Contractor shall maintain all records pertinent to the activities to be funded under this Agreement required by HUD regulations specified in 24 CFR § 570.506. In addition, Contractor agrees to keep records to fully document all expenditures charged to the CDBG program. The documentation must support the amounts charged to Program and demonstrate that the expenditures were appropriate to the 5 stated goals of the Program and allowable under applicable federal, state and City guidelines. ii. Retention (1) All records pertaining to Program shall be retained for five (5) years following the date of termination of this contract. Contractor may destroy Program records at the end of this five (5) year period if no outstanding audit finding exists. (2) Contractor will maintain real property inventory records which clearly identify properties purchased, improved, or sold. Properties retained shall meet eligibility criteria and shall conform with 24 CFR § 570.505. iii.Close Outs Contractor's obligation to City shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. iv.Audits and Inspections (1) City, HUD, and the United States Comptroller General, or their representatives, shall have access to any books, documents, records and papers relating to the operations of Contractor under this contract for the purpose of audit, examination, exception and transcription at all reasonable hours at all offices of Contractor. (1) All non-federal entities that expend $300,000 or more in federal funds within one year, regardless of the source of the Federal award, must submit to City an annual audit prepared in accordance with 24 CFR part 84 generally, with specific reference to OMB Circulars (with amendments) A-122 and A-133 as appropriate. The audit may cover either Contractor's fiscal year during which this contract is in force or cover the period of this contract. The audit must be prepared _by -an independent certified public accountant, be completed within twelve (12) months following the end of the period being audited and be submitted to City within thirty (30) days of its completion. Contractor's audit schedule is attached hereto as Exhibit D -Audit Schedule. Costs of preparation of this audit may be an allowable expenditure of CDBG funds in an amount proportional to that of the CDBG funds used in contractor's total agency operating budget. Non-federal entities that expend less than $300,000 a year in federal funds are exempt from Federal audit requirements for that year, but records must be available for review or audit by appropriate officials of the Federal Agency, pass-through entity (City), and General Accounting Office (GAO). MC11MJ�� �flLe D C� r���C M1 &IRY 6 R. UUV� '�4{I� Ta (2) City reserves the right to perform an audit of Contractor's program operations and finances at any time during the term of this contract, if City determines that such audit is necessary for City's compliance with OMB Circular A-128. Contractor agrees to allow access to all pertinent materials. If such audit reveals a questioned practice or expenditure, such questions must be resolved within fifteen (15) days after notice to Contractor. If questions are not resolved within this period, City reserves the right to withhold further finding under this and/or future contract(s). (3) If as a result of any audit it is determined that Contractor has misused, misapplied or misappropriated all or any part of the grant funds described herein, Contractor agrees to reimburse the City the amount of such monies so misused, misapplied or misappropriated, plus the amount of any sanction, penalty or other charge levied against City because of such misuse, misapplication or misappropriation. 12. Reporting Procedures a. Program Income Contractor agrees that all program income from operation of the Program in proportion to the amount of CDBG funds received hereunder will be expended prior to expending CDBG monies and that any such program income is subject to the terms of this contract. CDBG monies may be expended by the Contractor only if program income is insufficient to meet all eligible program activity expenses. Contractor agrees to return to City at the end of the Contract any remaining program income earned from operation of the Program in proportion to the amount of CDBG funds in the overall operating budget. b. Progress Reports i. Contractor will. submit monthly Attachment IV- Program Services Report to City for services and activities undertaken by Contractor in performance of this contract. The report will be signed by a duly authorized agent of Contractor and submitted by the 15`' of the month following the month which is reported. The City is under no obligation to disburse funds for expenditures which occurred prior to the first day of the month for which the report is submitted. c. Procurement i. Compliance The Contractor shall comply with City policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property, as defined by such policy , procured with funds provided herein. ii. OMB Standards The Contractor shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84, Procurement Standards and Property Management Standards as modified by 24 CFR 570.502(b)(6), covering utilization and disposal of property. GES;ED Cir Mfif:_GRff R. TEL 13. Reversion ofAssets a. Contractor agrees to return to City any CDBG funds remaining on hand at the end of the Contract. b. All property purchased with CDBG funds under this contract will be used solely for operation of the Program. Contractor agrees to obtain City approval prior to purchase of property. Contractor agrees to notify City upon receipt of property so that it may be properly tagged and inventoried. Title to such property will be vested with the City, and, at the termination of the Program for which CDBG funds have been received, Contractor will deliver all such property to City for disposition at City's sole discretion. c. In the event the Contractor is dissolved, this contract shall thereupon terminate. In the event this contract is terminated with or without cause, or for any reason whatsoever, all assets of the CDBG funds, including cash, interest payments thereon from loans or otherwise, all outstanding notes, mortgages and other instruments to secure CDBG funds and any real property owned by the Contractor that was acquired or improved with CDBG funds, shall belong to the City and shall be transferred to the City or to such assignees as the City may designate. 14. Applicable Laws a. Federal Contractor agrees to comply with the following laws and the regulations issued thereunder as they are currently written or are hereafter amended during performance of this contract: • Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq) • Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq) • Executive Orders 11063, 11246, as amended by 11375 and as supplemented by Department of Labor regulations(41 CFR, Part 60) • The Age Discrimination Act of 1975 (42 USC 6101-07 and implementing regulations at 24 CFR part 146) • The National Environmental Policy Act of 1969 (NEPA) and the related authorities listed HUD's implementing regulations (24 CFR Part 58). • Section 504 of the Rehabilitation Act of 1973 (29 USC 794) • The Immigration Reform and Control Act of 1986 (Pub. L. 99-603, 100 Stat. 3359, as amended), specifically including the provisions requiring employer verification of the legal status of its employees • The Housing and Community Development Act of 1987 (Pub. L. 100-242, 101 Stat. 1815,as amended) • The National Affordable Housing Act of 1990 • The Americans with Disabilities Act of 1990 (42 USC 12101 et seq) • The Drug Free Workplace Act of 1988 (24 CFR part 23, subpart F) b. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701 As the work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701, Contractor convenants to abide by the requirements of the said Section 3. It requires as follows: i. That, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area, and ii. That, to the greatest extent feasible, contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. Contractor will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by HUD, set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. Contractor certifies and agrees that it is under no contractual or other disability which would prevent it from complying with these requirements. Contractor agrees that it will send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers representatives of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. Contractor agrees that it will include the said Section 3 clause in every subcontract for work in connection with the project and will, at direction of City, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by HUD, 24 CFR 135. Contractor agrees that it will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any contract unless the subcontractor has first provided Contractor with a preliminary statement of ability to comply with the requirements of these regulations. City and Contractor understand and agree that compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract shall be a �XFR K condition of the Federal financial assistance provided to the project, binding upon the City and the Contractor, and their respective successors, assigns and subcontractors. Failure to fulfill these requirements shall subject Contractor and its subcontractors, its successors and assignees, to those sanctions specified by the Grant Agreement through which Federal assistance is provided and to such sanctions as are specified by 24 CFR 135. c. Clean Air Act; Clean Water Act; Environmental Protection Agency Acts (EPA) and Regulations This contract is subject to the requirements of Section 306 of the Clean Air Act, as amended (42 USC 1857(h) et seq.), Section 508 of the Clean Water Act (33 USC 1368), Water Pollution Control Act,as amended(33 USC 1251 et seq.) and the regulations of EPA with respect thereto at 40 CFR,Part 15, as amended from time to time, and Executive Order 11738 (42 USC 7606 nt.). In compliance with said regulations, Contractor agrees and, with respect to any nonexempt transaction, shall require each subcontractor to agree to the following requirements: i. A stipulation that no facility to be utilized in the performance of nonexempt contract or subcontract work is included on the List of Violating Facilities issued by EPA pursuant to 40 CFR 15.20; ii. Compliance with all the requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8), and Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318), relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308 and all regulations and guidelines issued hereunder; iii. A stipulation that, as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities; iv. Agreement by Contractor that it will include or cause to be included the criteria and requirements in Paragraphs (a) through (d) of this section in every nonexempt subcontract, requiring that Contractor will take such action as the City may direct as a means of enforcing such provisions. v. In no event shall any amount of the assistance provided under this contract be utilized with respect to a facility, which has given rise to a conviction under the Clean Air Act or the Clean Water Act. d. Other Laws UTO CB "A �Elw 10 Contractor covenants and agrees that its officers, members, agents, employees, program participants and subcontractors shall abide by and comply with all other laws, Federal, State and local, relevant to the performance of this contract, including all ordinances, rules and regulations of the City of Fort Worth and the Housing and Community Development Act of 1974 (Pub. L. 93-383, 885 Stat. 633,), as amended, and all regulations pertaining thereto. Contractor further promises and agrees that it has read, and is familiar with, terms and conditions of the Community Development Block Grant under which funds are granted and that it will fully comply with same. It is agreed and understood that, if the City calls the attention of Contractor to any such violations on the part of Contractor or any of its officers, members, agents, employees, program participants or subcontractors,then Contractor shall immediately desist from and correct such violation. 15. Prohibition Against Discrimination a. Generally Contractor, in the execution, performance or attempted performance of this contract and agreement, will not unlawfully discriminate against any person or persons because of sex, race, religion, age, disability, color, sexual orientation, or national origin, nor will Contractor permit its officers, members, agents, employees, subcontractors or program participants to engage in such discrimination. b. Employment During the performance of this contract Contractor agrees, and will require all of its subcontractors to agree, as follows: i. Contractor will not unlawfully discriminate against any employee or applicant for employment because of sex, race, religion, age, disability, color, sexual orientation or national origin. Contractor will take affirmation action to ensure that applicants are employed and that employees are treated during employment without unlawful regard to their sex, race, religion, age, disability, color or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. ii.Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to sex, race, religion, age, disability, color or national origin. c. Age ��08ad �COM i. In accordance with the policy of the Executive Branch of the Federal government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age, except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. ii. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. d. Disability In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable Federal, State and local laws concerning disability and will defend, indemnify and hold the City harmless against any claims or allegations asserted by third parties or subcontractors against the City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. e. City Ordinances This agreement is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article III, Division 3 ("Discrimination in Employment Practices"), of the City Code of the City of Fort Worth, and Contractor hereby covenants and agrees that Contractor, its officers, members, agents, employees and subcontractors, have fully complied with all provisions of same and that no employee, employee-applicant or program participant has been discriminated against by the terms of such ordinances by either the Contractor or its officers, members, agents, employees or subcontractors. 16. Prohibition Against Interest a. No member, officer or employee of the City or its designees or agents; no member of the governing body of the locality in which the program is situated; and no other public official of such locality or localities, who exercises any functions or responsibilities with respect to the program funded hereunder during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. Contractor shall incorporate, or cause to be incorporated, like language prohibiting such interest in all contracts and subcontracts hereunder. b. No member, officer, employee, or program participant of Contractor or its subcontractors shall have a financial interest, direct or indirect, in this contract or the monies transferred hereunder or be financially interested, directly or indirectly, in the sale to Contractor of any land, materials, supplies or services purchased with any funds transferred hereunder, except on behalf of Contractor, as an officer, employee, member or program participant. Any willful violation of this paragraph with the knowledge, expressed or implied, of Contractor or its subcontractors shall render this contract voidable by the City of Fort Worth. c. No member, officer, employee, agent, consultant, elected official or appointed official of the participating jurisdiction, Contractor or its subcontractors who exercised any functions or responsibilities with respect to activities assisted with CDBG funds or who are in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a CDBG assisted activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 17. Minority and Women Business Enterprise Commitment Contractor agrees to abide by the City of Fort Worth's policy to involve Minority and Women Business Enterprises (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. Therefore, Contractor agrees to incorporate City Ordinance No. 11923 and Ordinance No. 13471, EXHIBIT "H", and all amendments or successor policies thereto, into all contracts and will further require all persons or entities with whom it contracts to comply with said Policy. 18. Non Assignment Contractor will not assign all or any part of its rights, privileges, responsibilities, or duties under this contract without the prior written approval of the City. Any purported assignment without such approval will constitute a breach of this contract and will be void in all respects. It is agreed that the City has the right to inspect and approve in writing any proposed subcontracts between Contractor and any subcontractor engaged in any activity in conjunction with this CDBG funded project prior to any charges being incurred. 19. Independent Contractor 13 NA-11 c 8 EN ��o a. Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of the City. Contractor shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, subcontractors, program participants, licensees or invitees. The doctrine of respondent superior shall not apply as between the City and Contractor, its officers, members, agents, servants, employees, subcontractors, program participants, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between the City and Contractor. It is expressly understood and agreed that no officer, member, agent, employee, subcontractor, licensee or invitee of the Contractor, nor any program participant hereunder, is in the paid service of the City and that the City does not have the legal right to control the details of the tasks performed hereunder by Contractor, its officers, members, agents, employees, subcontractors, program participants, licensees or invitees. b. City shall in no way nor under any circumstances be responsible for any property belonging to Contractor, its officers, members, agents, employees, subcontractors, program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged; and Contractor hereby indemnifies and holds harmless the City and its officers, agents, and employees from and against any and all claims or suits. 20. Insurance and Bonding a. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, City and its officers, agents, servants and employees from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or nonperformance of this contract and agreement and/or the operations, activities and services of the Program described herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of City; and Contractor hereby assumes all liability and responsibility of City and its officers, agents, servants, and employees for any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kinds or character, whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or non-performance of this contract and agreement and/or the operations, activities and services of the programs described herein, whether or not caused in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of City. Contractor likewise covenants and agrees to and does hereby indemnify and hold harmless City from and against any and all injury, damage or destruction of property of City, arising out or in connection with all acts or omissions of Contractor, its officers, members, agents, employees, subcontractors, invitees, licensees, or program participants, or caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of City. 14 ���GB�� G'�vuDD b. Contractor will maintain a blanket fidelity coverage in the form of an insurance bond in the amount of Thirty Thousand dollars ($30,000), to insure against loss from fraud, theft or dishonesty of any of Contractor's officers, agents, trustees, directors or employees. The proceeds of such bond shall be used to reimburse City for any and all loss of CDGB monies occasioned by such misconduct. To effectuate such reimbursement, such bond shall include a rider stating that reimbursement for any loss or losses thereunder shall be made directly to City for the uses and benefit of Contractor. c. Contractor shall furnish to the City, in a timely manner, certificates of insurance as proof that it has secured and paid for policies of commercial insurance as specified herein. Such insurance shall cover all insurable risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this contract and agreement. Contractor shall maintain the following coverages and limits thereof- i. Commercial General Liability Insurance $1,000,000 each occurrence (New Construction); $500,000 each occurrence (Rehab) $1,000,000 aggregate limit(New Construction); $500,000 each occurrence (Rehab) ii. Business Automobile Liability Insurance $1,000,000 each accident (New Construction);$500,000 each accident (Rehab) $1,000,000 aggregate limit (New Construction); $500,000 aggregate limit (Rehab) Insurance policy shall be endorsed to cover"Any Auto". Pending availability of the following coverage, and at the discretion of the Contractor, the policy shall be the primary responding insurance policy versus a personal auto insurance policy if or when in the course of Contractor's business as contracted herein. iii.Directors and Officers Insurance Optional (Highly recommended) Note: This insurance shall cover the Contractor and any associated Board of Directors members. iv. Workers' Compensation Insurance Part A: Statutory Limits Part B: Employer's Liability $500,000 each accident $500,000 disease - each employee $500,000 disease—policy limit Note: Such insurance shall cover employees performing work on any and all projects including but not limited to construction, demolition, rehabilitation. Coverage shall be maintained by Contractor or its subcontractors. In the event the respective subcontractors do not maintain coverage, the Contractor shall maintain the coverage on such subcontractors for each applicable subcontract. MR1 l�d S V'IE L'�5 ���M�U 11THP Val o V. Asbestos Abatement/Lead Abatement/Pollution (Environmental Impairment Liability Insurance) $1,000,000 each occurrence Note: The primary purpose of this requirement is to cover risks associated with demolition projects. The coverage would be acceptable to the City of Fort Worth as endorsed onto a Commercial General Liability insurance policy or provided under a separate insurance policy. vi. Additional Requirements Such insurance amounts shall be revised upward at City's option and that Contractor shall revise such amounts within thirty (30) days following notice to Contractor of such requirements. Contractor will submit to City document that it has obtained insurance coverage and has executed bonds as required in this contract and prior to payment of any monies hereunder. Each insurance policy shall be endorsed to provide City with a maximum sixty (60) days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. Insurance policies required herein shall be endorsed to include the City of Fort Worth as an additional insured as its interests may appear. Additional insured parties shall include employees, officers, agents, and volunteers of the City of Fort Worth. The Workers' Compensation Insurance policy shall be endorsed to include a waiver of subrogation, also referred to as a waiver of rights of recovery, in favor of the City of Fort Worth. Any failure on part of the City to request certificate(s) of insurance shall not be construed as a waiver of such requirement nor as a waiver of the insurance requirements themselves. Insurers of Contractor's insurance policies shall be licensed to do business in the state of Texas by the Department of Insurance or be otherwise eligible and authorized to business in the state of Texas. Insurers shall be acceptable to the City insofar as their financial strength and solvency and each such company shall have a current minimum A.M. Best Key Rating Guide rating of A:VII or other.equivalent insurance industry standard rating unless otherwise approved by the City of Fort Worth. Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise approved by the City of Fort Worth. In the event there are any local, federal or other regulatory insurance or bonding requirements for the housing program addressed in this contract, should such requirements exceed those specified herein, the former shall prevail. Contractor shall furnish City proof that its procurement meets the minimum Federal requirements (24 CFR 85.36(h)) for contracts and subcontracts exceeding $100,000 for bid guarantees, performance bonds, and payment bonds. These include: • A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee" must be a firm commitment in the form of a bid bond, certified �6 ����CBG°a G��Z,0°QD check, or other negotiable instrument as assurance that the bidder is prepared to execute a contract within the time specified for the bid amount; • A performance bond from the (sub)contractor for 100 percent of the contract price, to secure the (sub)contractor's fulfillment of all obligations under the contract; and, • A payment bond from the (sub)contractor for 100 percent of the contract price, to assure payment of all persons supplying labor and material under the contract. Contractor shall agree to require its subcontractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and, Contractor shall require its subcontractors to provide Contractor with certificate(s) of insurance documenting same; and, Contractor shall require its subcontractors to have the City of Fort Worth and the Contractor endorsed as additional insureds (as their interests may appear)on their respective insurance policies. Contractor shall require its subcontractors to maintain builders risk insurance at the limit of applicable project(s) costs when the value of materials involved exceeds $10,000 or at a different limit value limit as specified by the City of Fort Worth. 21. Waiver of Immunity If Contractor, as a charitable or nonprofit organization, has or claims an immunity or exemption(statutory or otherwise)from and against liability for damages or injury, including death, to persons or property, Contractor hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section shall not be construed to affect a governmental entity's immunities under constitutional, statutory or common law. 22. Termination a. In addition to, and not in substitution for, other provisions of this Agreement regarding the provision of public services with CDBG funds, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, it is expressly understood and agreed by and between the parties hereto that this agreement is wholly conditioned upon the actual receipt by City of Federal CDBG Year funds; that all monies distributed to Contractor hereunder shall be exclusively from Federal monies received under said grant and not from any monies of City; and that if such funds under said grant are not timely forthcoming, in whole or in part, City may, at its sole discretion, terminate this contract and agreement and City shall not be liable for payment for any work or services performed by Contractor under or in connection with this contract. b. City may terminate this contract whenever such termination is determined to be in the best interest of City, or in event of Contractor's default, inability or failure to perform or to comply with any of the terms herein, or for other good cause. RD 17 (v0Tv",��EuPRs,M'Ry , VJ,D)EITH,Vag c. The parties acknowledge that CDBG funds paid hereunder are intended to provide only partial funding for Contractor's program operations. If non-CDBG funds included in the Operating Budget are not forthcoming to Contractor during the contract term, City may terminate this contract. d. CDBG funds provided hereunder may not be used as collateral for loans to Contractor to defray program operation expenses, and any attempted use of CDBG funds for this purpose will result in termination of this contract by City. e. Termination will be effected by written notice to Contractor, specifying the portions of the contract affected and the effective date of termination. Upon Contractor's receipt of such termination notice, Contractor will: • Stop work under the contract on the date and to the extent specified by City; and • Cease expenditures of CDBG monies, except as necessary for completion of the portions of the contract not terminated; and • Terminate all orders and contracts to the extent that they relate to terminated portions of the contract. f. Contractor will return to City any unused monies previously distributed by City under this contract within thirty (30) days of the effective date of contract termination. City will have no responsibility or liability for Contractor's expenditures or actions occurring after the effective date of contract termination. 23. Certification Regarding Lobbying The undersigned representative of Contractor hereby certifies, to the best of his or her knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress 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 loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. Contractor shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of federal funds. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan or cooperative E fl rc U'lacKJI !T pD agreement, Contractor shall complete and submit Standard Form-LLL, " Disclosure Form to Report Lobbying," in accordance with its instructions. 24. Miscellaneous Provisions a. All terms of this contract shall apply to any and all subcontractors of Contractor which are in any way paid with CDBG funds or which perform any work in connection with Contractor's program. b. The provisions of this agreement are severable, and, if for any reason a clause, sentence, paragraph or other part of this agreement shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. c. The paragraph'.headings contained herein are for convenience in reference to this contract and are not intended to define or to limit the scope of any provision of this contract. d. The failure of the City to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely upon any such term or right on any future occasion. e. 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 said action shall lie in Tarrant County,Texas. f. 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 contract between the parties hereto concerning the work and services under this contract. Any prior or contemporaneous oral or written agreement which purports to vary from the terms of this contract shall be void. Any amendments to the terms of this contract must be in writing and must be approved by each party to this contract. 19 It-IPER Ely rao IN WITNESS WHEREOF, the parties h eto have executed four copies of this contract in Fort Worth, Tarrant County, Texas,this/Say of , A.D. 20_01 . APPROVED AS TO FORM AND LEGALITY: By: Assistant City Attorney ATTEST: CITY OF FORT WORTH By: rr ,�3:,, � i Secretary 7/-o/ contract Authorization -ice 6/ By: Date i b y Wat ,Assistant City Manager ATTEST: POLYTECHNIC COMMUNITY DEVELOPMENT CORPORATION By Z4'0�-' /Z-- Y y umin, President STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME,the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Libby Watson, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that she executed the same as the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this r day of A.D. 20_CL. 1P?Y?g ROSELLA BARNES NOTARY PUBLIC * state of Texas Notary Public for and in the State of Texas #N P�Comm.Exp,03-31-2005 20 OFFL'NIA I�� TI Cl���GM?t��G)�J(J �} Leo l'"U'� j �l7 . STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Yahya Mumin, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of the Polytechnic Community Development Corporation and in the capacity therein stated as its duly authorized officer or representative. GlyliN UNDER MY HAND AND SEAL OF OFFICE this day of A.D. 20 VP Opal F Barrett y My Commission Expires oF � Se temb r 18, 04 No u lie in and for the State of Texas L X100 RD 21 Pepe Polytechnic Community Development Corporation PO BOX 50102 FORT WORTH,TX 76105 EXHIBIT A MINOR HOME REPAIR PROGRAM (MHR) PURPOSE 1. To renew a sense of community pride by enhancing the appearance of the neighborhood by making minor exterior home improvements. 2. To provide minor repairs necessary to maintain the habitability of a home and/or make the home more habitable. 3. To provide one-time grants to qualified low to moderate income homeowners. DESCRIPTION 1. The Minor Horne Repair Grant Program (MHR) is a service offered to the homeowners of the Polytechnic Model Blocks through the Polytechnic Community Development Corporation. 2. Maximum level of assistance is$4,000.00. It is a one-time grant. 3. This program does not require any match. However, homeowners can have more than$4,000 worth of work done to their house under the same contract if they are willing to pay with their own funds for the difference. In such instance,the homeowner must provide his/her share to the PCDC before the signing of the work contract. 4. It is not the intent to abate all code violations nor cause a property to comply with the minimum housing standards. IEUNDING As part of the Model Blocks program,the PCDC has been granted Community Development Block Grant Funds to undertake the MHR to provide minor home repair assistance to residents within the Polytechnic Model Blocks boundaries. The amount appropriated is$50,000.00. BOUNDARIES Only owner-occupied homes within the boundaries of the Polytechnic Model Blocks are eligible to participate in this program. These boundaries are: North-Avenue L South-Crenshaw West- Campbell East-Wallace ESE-*RD �a WO)EINI Va. Pepe Polytechnic Community Development Corporation PO BOX 50102 FORT WORTH, TX 76105 EXHIBIT A ELIGIBLE USES Program funds may be used to correct deficiencies of an inhabited structure within each item described: A. Electrical Repairs B. Plumbing Repairs C. Roof Repairs/Replacement D. Heating& Cooling System Repairs E. Handicap Assistance,Eliminate Health Hazards F. Weatherization Assistance G. Foundation Repair H. Gas Leaks I. Replace windows, and exterior doors J. Other Repairs such as rotted wood,fence repair, driveway repair and replacement or other exterior enhancements, deemed necessary by PCDC and if above priorities have already been addressed. ELIGIBILITY : Qualifying Criteria 1. Owner occupant of single or two family units occupied by same family. 2. Must have lived in their home for a minimum of one(1)year. 3. Must be at least 21 years of age. 1 4. Income cannot exceed 80% of the area median income, according to United States Department of Housing and Urban Development(HUD). (See attached income guideline for 2001. This is updated annually.) 5. The homeowner must live in the home a minimum of one year after completion of the minor repairs. Should owner fail to comply, the amount of repair assistance will be due and payable in proration within 30 days after notice form the City of Fort Worth/PCDC. Pepe Polytechnic Community Development Corporation PO BOX 50102 FORT WORTH,TX 76105 EXHIBIT A PROCEDURE 1. Application must be filed with the PCDC. Applicant pays a $25.00 application fee,refundable by check,if the application is not approved by the PCDC. Application includes signed commitment by the homeowner that s/he will live in the home a minimum of one year after completion of the minor repairs. 2. Program Manager(P.M.)qualifies the applicant. 3. If applicant is qualified, P.M. refers the application to the Housing Inspector who reviews repairs needed in the house and prepares work write-up. 4. The address of the qualified applicant is also submitted for environmental assessment to the Housing Department who will request the Planning Department to conduct such assessment. 5. The Housing Inspector brings back the repairs/work write up sheet to the P.M. The P.M.negotiates with the homeowner on repairs to insure that repairs do not exceed the limit and other program guidelines are met. List of agreed upon repairs will be developed into contract. 6. P.M. submits repair/work write-up to contractors for bid. Generally,write-ups will be sent out for bids as a package of five or more houses at a time. 7. P.M. awards contract. Contract will specify all repairs to be completed with dates of start and completion. 8. The homeowner and the contractor sign the contract. In the event of death of the homeowner,if there is no surviving spouse,the beneficiary assumes all terms of the contract. 9. After contractor completes repairs,P.M.notifies Housing Department to conduct final inspection. 10. Contractor is paid after passing final inspection by the Housing Department. May 2001 ME OF.WAL i MIA Projects IADMINISTRATIVE SET-UP Hire a Director Establish office I'Establish banking a .'Acquire liability and workman's comp insurance BOARD DEVELOPMENT ■■■■■I■■■■■■■■■■■■■■■■■■ Insurance�Establish reporting/accounting systems requirements ■MONO■■■i■■■■■■'■■■■■■'■■,Develop budget and fiscal oversight procedures ■ Develop personnel policies—,--- –zom Board . . .. . MINOR HOME REPAIR PROGRAM Proaram Desi �Developprogramgoals and guid. . NEMMONNEENEENEENEENE■■■■ "Develop eligib—ility criteria for program ,'Design forms and informational materials iMARKETING Design m_ - . program ■■ ■■■'■■■;■■■;■■■;■■■j■■W■■■ Prepareprogram Issue bids select Inspection HOUSING DEVELOPMENT Develop program goals and guidelines 'Y Develop program operating support -A40, Acquire vacant lots for infill (ongoing) �L Acquire houses for rehabilitation (ongoing) _2 Recover new construction funds from HFC Identify qualified housing contractors Request bids from contractors (minimum of 3) Contracting and construction NEW CONSTRUCTION MARKETING Design marketing program D0, All Market program to qualified buyers (ongoing) Issue bids and select contractor x Nli Construction Inspection '10 Final Payment mm Edit POLYTECHNIC COMMUNITY DEVELOPMENT CORPORATION Operating Budget for July 1, 2001 -June 31, 2002 [A] [B] [C] Total Budget CDBG Budget Fund Raising PERSONNEL COST - 538,36 x34,3 .$3468,;— Salaries $ f38Salaries _ $33,50[ $30. 00 _ $3,500 FICA - $2,563 $2,568 $268 Health Insurance $2.000 $1,800 _ $200 _ Life Insurance $0 _- $0 �_ $0 Unemployment-state - - - $!D --_ - -$0 _� $0 Unemployment-Federal - $0 $0 $0 Worker's compensatlon $o - $0 $0 Retirement $0 $0 $0 - Misc. Fringe Benefits - - -- 0 -- 0 0 SUPPLIES $1,560 $7013 $860 Office 5uppfias $860 $0 $860 P«st aj_ -- - -- 30i0 - $300 $0 - - Other Opui sting vuppli+eb 1 $400 $400 $0 rir+ Aids - $0 0 st) CONTRACTUAL ERVICES $19,370 $161,404 $2,966 elephene t $10-00 $1.000 $0 _Electric _ $3,o6 _ $300 $0 _ Gas (u#iHty) -_-- - --- _$3_00 $_300 $0 Water/Waste - $300 i $300 -� $0 _ Rent -- $4,363 $4,863 $0 Custodial Services '$0 $0 $0 Copier _ - - i 600 $600 $0 —Office Equipment $1,450 $1,200 $250 _Printing X500 '�_--_ $400 $100 Repairs - - 0_ - $0 $0 Fidelity Bond i 30 $0 $0 Liability Insurance _ $5,957 $4,041 $1)D16 Consultant Fee $0 $0 $0 Legal & ACCOLrifing --- 2,500 _ $2,5ca $0 _ Annual Audit ;1x4 _ _$0 $0 Other Professional Services --- $700 $700 $0 Private Auto Allowance-local $404_ _ $200 $200 Private Auto Allowance-Other I - '$0 _$0 so- Leased _ Vehicle Charges 0 $0 ®$0 Gasoline, Oil & Lube _ $0 _ $0 -_$0 _ Conference & Seminars _ - _ $1,400 - $500- _ _-$500 Indirect Cost 0 Q $0 CAPITAL OUTLAY - $30+3 $150 $f5o Land $0 $0 $0 Furniture & Fixtures I $. 00 $150 $150 Office Equipment Rental 0 $0 $0 1rOT t. = $59;566 $51,622- $7,941 POLYTECHNIC COMMUNITY DEVELOPMENT CORPORATION Operating Budget for July 1, 2002 -June 31, 2003 [A] [B] [C] [D] Total Budget CDBG Bodge( HOME CHDO Fundraising PERSONNEL COS i -$3&„ 36 $C1 $34,M $3,968 Salaries $33,50[ $030,000 $3 500 FICA - — $2,5r3 $0 _ + - $21,568 -- $2_68 _ Health Insurance $2,000 $0 __$1,800 $200 Life Insurance $t $0 _ $0 $0_ - Unemplayrnent tale $0 _ $0 -~ $0 _ $0_ - _ r�emp;vt-Fdra $0 $0 $0 Worker's wrnpensatiorr A. $0 $0 $0 Retirement - -- --- �— $0 $0 1 $0 Misc. FdAge Benefits _ $1,560$ - $0 T- 50py --� _. $0WIMNOW o $70 1 $860 Office Suppfias _ — $k�60 $0 - $0 $860 —1-- -$300 — posiag0 _ $300 _ $0 $300 _' � $0 _Other Oper_afir g Supplies $400 � $0 � $400 I $0 Teaching Aids -�- - $0 --- - $0 1,;0 $0 CONTRACTUAL SERVICES _$19,,370 so $14,932 $4,43 Telephone 1,000 _ $0 a $800 � $200 Electric _ -- $300 i $0 _- -$300 y' $0 --Gas (utility). S30p _ $0 __$0 $300 Water/Waste $: 04 $0 i $300 $0 _ - Rent i $4,3 ;;3— $0 � $4,363 $0 Custodial Services $4 $0 f — $0 _ $0 --�Copie�r ---- w _ _ $0 $300 $300 Office Equipment $1.4-50 $0 I — $1,000_ $450. _Printing _ $500_ $0 $400 I $100 -__Repairs $0 $0 T _ $0 Fidelity Bond _ — {ii $0 $0 $0 Ui Ifl Insurance _ $5,957 _- $0 $3,51}9 2,38a Consultant Fee _ $0 - _ $0 $0 _ $0 Lec,I& Accouniin _$2,500 $0 _$2,500 $0 Annual_Audit _ 0 _ $0 _ $0. $0 Other Professional Services $700,0 $0 -� $700 + _$0 Private Auto Allowance-local_ 1 $400 _ $0 $200 � $200 _Private Auto Allowance-Other 0 $0 _ $0 _ _ $0 _ Leased Vehicle Charges $0 $0 _ $0 $0 Gasoline, Oil & Lube —_ $0 $0 $0 $0 Conference & Seminars $1,tU0 $0 $500 I _$500 Indirect Cost ' (i So 0 $0 CAPITAL, 0UTLAY _$300 so $053 Land _ $0 _ $0 $0 $0 Furniture & Fixtures _ $300 $0 $0 $300 Office Equipment! Rental 0 -- 50 $0 _ - $0 TOTAI< 5 ,5F,8 $0 t $50,000 sq;566 f E30Hjr3TT "D" LEAD BASED PAINT GUIDELMS Lead-Based Paint Regulations Changes On September 15,1999,HUD Issued a new Federal lead-based paint regulation implementing Title X of the Housing and Community Development Act of 1992. This regulation makes many Important changes in the lead-based paint requirements applicable to housing funded through HUD's Community Planning and Development(CPD) programs. State and local jurisdictions that receive funding from the Community Development Block Grant(CDSG) Program, HOME Program, McKinney Act homeless programs and other CPD programs must prepare to meet these requirements by September 15,2000. Attachment 9 ADDRESSING LEAD-BASED PAINT IN LOCAL HOUSING PROGRAMS—KEY LESSONS Why Is Action Needed? ❑ Lead-based paint in older housing is the primary cause of lead poisoning > 64 million homes have lead-based paint. ➢ 20 million homes have conditions that expose families to unsafe levels of lead. ❑ Lead-based paint threatens the health and future of families and our children. Without action,it also poses a threat to housing providers. i ❑ Tremendous progress has been made in reducing lead poisoning.Lead-based paint in housing is the final remaining source of lead that directly threatens families. ❑ States and communities are meeting the challenge. j i The new regulation presents challenges—it wi((impact housing program production and operations. Programs in many communities are already successfully addressing lead. i r Practical actions are available that protect families Understanding Lead and Lead-Based Paint Hazards ❑ Lead poisoning does not have obvious symptoms,but it has long-term effects. Some potential effects include damage to brain and nervous system,loss of intelligence,and teaming difficulties. i i ➢ The only way to know for sure if someone has been poisoned is to perform a blood test. ❑ Not all lead-based paint is a hazard. Intact lead-based paint does not cause lead exposure. r Lead hazards include deteriorated paint,lead-contaminated dust and lead-contaminated soil. Meeting the New Lead-Based Paint Regulation ❑ The new lead-based paint regulation emphasizes practical solutions. i i Required actions depend upon the activity,as weil as the amount and duration of Federal assistance. Lead hazard reduction,rather than abatement_ ❑ The regulation gives States and communi+aes flexibility. 2 TAKING ACTION TO ADDRESS LEAD-BASED PAINT By September 15,2000,successful State and local housing programs receiving Federal funds vnll have: ❑ Revised their program procedures and documents to implement the additional steps required for. D Providing notification ➢ Identifying lead hazards Performing lead hazard reduction,using safe work practices and achieving"clearance" D Implementing ongoing maintenance where required ? Responding to lead poisoned children j O Obtained training for contractors and program staff on lead hazard evaluation and reduction. ❑ Developed methods and assembled materials to educate rental property owners,homeowners,and occupants of rental housing about the new requirements. ❑ Established working relationships with.lead professionals and key partners,such as risk assessors and clearance technicians,public health departments and HUD lead grantees. ❑ Created procedures for determining when is it more cost-effective to presume that lead hazards are present,and when it makes sense to evaluate a property. j I 3 ATTACHMENT 2—SUMMARY OF LEAD-BASED PAINT REQUIREMENTS BY ACTIVITY Rehabilitation TBRA A,L,SS,O (Subpart J) (Subpart M) (Subpart K) <$5,000 $5,000-$25,000 >$25,000 Homobuyor and Special Needs" Approach to Load i. :Do no harm - 3. • Itlenl(fy and:control• �l. . Identifyand abate 2;. -.id&nIifyand-sIabiIIzo- •2:: Aden[if}r:and;stabiliie Hazard'Evriluation and. Ioadfiazards: . :`.' I. fiaiards : de(©rtorafed.p5lnt*.-*, .dnie�lo"*-'[Tpairit- . Notification All o types All 4 types All 4 types All o types All 4 types Load Hazard Paint Testing Paint Testing and Paint Testing and Visual Assessment Visual Assessment Evaluation Risk Assessment Risk Assessment Load Hazard Repair surfaces Interim Controls Abatement Paint Stabilization Paint Stabilization , Roduction disturbed during (interim Controls on rehabilitation exterior surfaces not disturbed by rehabilitation) Safe work praclices Safe work practices Safe work practices Safe work practices Safe work practices Clearanco of work site Clearance of unit Clearance of unit Clearance of unit Clearance of unit Ongoing Maintenance No No No Yes Yes(if ongoing relationship) EIBLL Roqulromonts No No No Yes No ;Opll6ns ' '.Prosurrio load-based. Prosurrib IW-based• ' Piesumo lead-based •Toil deteriorated paint. Test delerloraled•painl. paint pain t.andlor hazards palntandlof hazards Use safe tivork praclices.drily Use sato work practicos only -Uso safe t4ork prablicas •Use standard froatinonts' Abate all appiicabio -on foad•basod paint surfaces. on load-based p5tnl'surfaces. on all surfaces- surfaces Special Needs Housing may be subject to[lie requirements of Subpart J,M,or K depending on the naluro of the activity undertaken. Flotvover,since most special needs housing involves acquisition,leasing,support sorvicos,and operations,for the purposes of this(able,it has been placed in this column. 4 Attachment 3 - FOUR APPROACHES TO IMPLEMENTING LEAD HAZARD EVALUATION AND REDUCTION APPROACH 1. DO NO HARM Lead Hazard Evaluation Lead Hazard Reduction Options Paint testing performed on surfaces Repair surfaces disturbed during Presume lead-based paint is to be disturbed. work. present and use safe work practices Safe work practices used when on 211 surfaces being disturbed. vxrking on areas identified as lead- based paint. Clearance performed on work site. APPROACH 2. 1DENTII Y AND STABUZE•DETERIORATED P,4!NT. Lead Hazard Evaluation Lead Hazard Reduction Options Visual assessment performed to Paint stabilization of identified Perform paint testing on .identify deteriorated paint. deteriorated paint. deteriorated paint. Safe work Safe work practices used. Practice requirements only apply to lead-based paint. Clearance performed unit-wide. APPROACH 3. IDENTIFY AND CONTROL-LEAD HAZARDS ; Lead Hazard Evaluation Lead Hazard Reduction Options Paint testing performed on surfaces Interim controls performed on Presume lead based paint and/or to be disturbed. identified hazards. • lead based paint hazards are - Risk assessment performed on Safe work practices used. Present and perform standard treatments. entre dwelling. Clearance performed unit-Pride. APPROACH 4. IDENTIFY AND A3`ATE LEAD HAZARDS Lead Hazard Evaluation Lead Hazard Reduction Options Paint testing performed on surfaces Abatement performed on identified Presume lead-based paint and/or to be disturbed. - hazards. lead-based paint hazards are Risk assessment performed on Interim controls performed on present and perform abatement on - entire dwelling. identified hazards on the exterior that all applicable surfaces are not disturbed by rehabilita5on. deteriorated,impact,friction, Chewable surfaces,and surfaces.to Safe work practices used. be disturbed. Clearance performed unit-wide. • 5 ATTACHMENT 4 "LEAD SPEAK"--A BRIEF GLOSSARY COMMON LEAD-BASED PAiNT TERMS Lead-Based Paint:Paint that contains at least i milligram per centimeter square(mglcm')of lead. Also measured as greater than 0.5 percent lead or has 5,000 parts per million(ppm)lead by dry weight. Lead-Based Paint Hazards: Housing conditions that cause human exposure to unsafe levels of lead from paint. These conditions include deteriorated lead-based paint;friction,impact or chewable painted surfaces;lead-contaminated dust;or lead- contaminated soil. LEAD HAZARD EVALUATION Visual Assessment:A visual evaluation of interior and exterior painted surfaces to identify specific conditions that contribute to lead-based paint hazards. The assessment is performed by a certified risk assessor or Housing Quality Standards(HQS) -inspector trained in visual assessment. Paint Testing:Testing of specific surfaces,by XRF(x-ray fluorescence)or lab analysis,to determine the lead content of these surfaces,performed by a certified lead-based paint inspector or certified risk assessor. Risk Assessment:A comprehensive evaluation for lead-based paint hazards that includes pant testing,dust and soil sampling, and a visual evaluation.The risk assessment report identifies lead hazards and appropriate lead hazard reduction m-athods. A cer'dfied risk assessor must conduct the assessment. Lead Hazard Screen:A limited risk assessment activity that can be performed instead of a risk assessment in units that meet certain cr�tena(e.g.good condition). The screen must be performed by a certified risk assessor. if the unit fails the lead hazard ' screen,a full risk assessment must be performed. Clearance Examination:Clearance is performed after hazard reduction,rehabilitation or maintenance activities to detemine r a unit is safe for occupancy. It involves a visual assessment,analysis of dust and soil samples,and preparation of report.A cern led risk assessor,paint inspector,or clearance technician(independent from entityfindividual conducting paint stabilization or hazard reduction)conducts clearance. LEAD HAZARD REDUCTION Paint Stabilization: An interim control method that stabilizes painted surfaces and addressed the underlying cause of deterioration. Steps include repairing defective surfaces,removing loose paint and applying new paint. Interim Controls:Set of measures to temporarily control lead-based paint hazards.'Interim control methods must be completed by qualified workers using safe work practices. Follow-up monitoring is needed. Standard Treatments: A complete set of interim control methods that when used together temporarily control all potential lead hazards in z unit.Because they address all conditions,a risk assessment or other evaluation is not needed.Standard treatments must be completed by qualified vrorkers using safe work practices. As Midi interim controls,follow-up monitoring is needed. Abatement: Measures to permanently control lead-based paint or lead-based paint hazards. 6 LEAD POISONING Environmental Intervention Blood Lead Level:The level of lead in blood that requires intervention in a child under age six. This is defined as a blood lead level of 20 NgldL(micrograms,per deciliter)of whole blood or above for a single test,or blood lead levels of 15-19 Ng1dL in two tests taken at least three months apart LEAD-BASED PAINT-KEY UNITS OF'MEASUREMENT pg (Microgram):A microgram is 111000'of a milligram(or one thousand micrograms are needed to equal a milligram). To put this unit into perspective,a penny weighs-2 grams. To get a microgram,you would need to divide the penny into 2 million pieces. A microgram is one of those two million pieces. ft2 (Square foot): One square foot is equal to an area that has a length of one foot(12 inches)and a width of one foot(12 inches). pg/dL: Micrograms per deciliter,used to measure the level of lead in children's blood to establish whether intervention is needed. A deciliter is a lithe less than half a cup. As noted above,a microgram is the same weight as one part of a penny divided into trio million pets. µg/gram: Micrograms per gram of sample,equivalent to parts per million(ppm)by weight. p91T:Micrograms per square feet is the measurement used to measure levels of lead in dust and soil samples.The clearance report should have the results listed in p9.1ft=(micrograms per square foot). mglcmz: Milligrams per square centimeter,used for paint by XRF machines. percent: Percent by weight,used usually for lead-based paint(1 percent=10,000µg/gram) ppm: Parts per million by weight,equivalent to jig/gram•(10,000 ppm= 1 percent). LEAD-BASED PAINT STANDARDS Paint--Definition of Lead-Based Paint, Paint that contains at least: ➢ 1 milligram per centimeters square(mg/cm2)of lead; 0.5 percent lead;or 5,000 parts per million(ppm)lead by dryweight Dust—Thresholds for Lead-Contamination(Risk Ass essment/Clearance) Floors 40 pglftz > Interior window sills 250 p9W- Window troughs (Clearance only) 800 pqr- Soil-Thresholds for Soil Contamination D Play areas used by children under age 6 400 jig/gram > Other areas 2,000}i.glgram `r Attachment 5—SUMMARY OF MAJOR REGULATION CHANGES BY ACTIVITY TABLE 1: REHABILITATION ACTIVITIES CURRENT REQUIREMENTS NEIN REQUIREMENTS (All activities) <$50001unit $5000-$25,000/unit >$25,0001unit Applicability Applicability Under the current regulation,the lead-based paint The new regulation outlines lead-based paint requirements specifically for requirements for rehabilitation are the same as those Federally funded rehabilitaton work. These requirements apply to HUD for other activities. Each CPD program has its ovm programs that provide assistance for rehabilitation,including CPD-funded lead-based paint regulations. rehabilitation activities. Lead-based paint requirements are similar across The lead-based paint requirements for rehabilitation work,as described in this CPD prcarams(most simply refer to 24 CFR 35).The part of the regulation,are the same rega:dlass of be source of program HOME program has the most extensive guidance on funding,but they differ based on the level of funding to a property. requirements. CM-1 applies lead requirements only to rehabilitation activities. Notification Notification Occupants,owner occupants,and purchasers of Same as current requirement. assisted properties must receive notification of the The new regulation also requires N,&,en notce to occupants informing them of potential presence and hazards of lead-based paint. lead ha-ard evaluation or reduction activities. Notification is achieved through the distribution of the EP lead-based lead-based paint hazard informal on pamphlet Ail property owners('both subsidized and market rate) must disclose available information about the presence of lead-based paint and provide prospective buyersloccupants wRh any existing documentation on known lead-based paint hazards in the dvrelling unix Visual Inspection Paint Testing Paint Testing and Risk Assessment Visual inspections must be performed on properties Painted surfa;es fnat wrill RehabflitGSori a;;istance greater than S5000 per I constructed prior to 197E to identify defective paint be disturbed during' unit requires 2 higher level of lead hazard surfaces. rehabilitation must be evaluation. tested for lead-based paint Testing—Test surfaces that viill be paint,unless a surface is disturbed by the rehabilitation for lead-baste assumed to contain lead- paint. For surfaces assumed to contain lead- based paint. based paint,testing is not required. • Risk Assessmeent—An assessment cf a dwelEng to chieck for he presence of lead- based paint hazards.It includes a visual assessment of dust,soil,and paint and a vnitten report of the results. • Option for units receiving assistance between:5,000 and$25,000-The cran`.ee may assume that lead-based paint and lead hazards are present,forego Gie paint testing and risk assessment,and conduct st_nda: treatments. • Option for units receiving more than , $25,000—The grantee may assume that lead- based paint and lead hazards are pry ent, forego paint testng and risk assessmen,end abate alt painted surfaces disturbed during rehabilitation fiat ere presumed to have lead- based paint end all presumed hazards. . 8 SUMMARY OF MAJOR REGULATION CHANGES BY ACTIVITY TABLE 9: REHABILITATION ACTIVITIES(Continued) ------------ CURRENT REQUIREMENTS NEW REQUiREMENTS (All activities) <$50001unit $5000-$25,000/unit >$25,0001unit Treatment Paint RepairLead Hazard Abatement Any defective paint surfaces must be safely treated Repair surfaces that are ReductionAny{gad-based paint during rehabilitation. Under the current regulations, disturbed by Any lead-based paint hazards found in units this requires removal or covering o;the defective rehabilitation in a safe hazards found during and common areas surface. manner, the risk assessment must be controlled must be controlled using abatement using LrOi lm controls or methods. abatement methods. Lead-based paint Standard treabments hazards on exterior must be performed sur'aces that are not when no evaluation is disturbed during conducted and the rehabilitation must be presence of lead-based controlled using either paint hazards is interim controls or aSSUMEd, abatement Safe Work Practices Safe Work Practices current regulations establish some provisions Rehabilitation work that disturbs surfaces known or assumed to contain lead- regarding safe and prohibited methods for work. based paint must be performed using safe work practices. Safe work practices are not required for work that disturbs surfaces below de minimis levels. The new regulation establishes more extensive requirements for safe work practiws,including an updated list of prohibited methods. There are additional safety precautions for occupant pr,;tection,woeksite preparation,and cleanup acrtivicles. Clearance Clearance Not required. Once hazard reduction work is cornp!eled,a clearance examination must be per,-ormed by a certified professional to ensure that no lead-based paint hazards remain.Clearance is required for all categories of rehabilitation activities. For rehabilitation assistance 45,000 per unit,clearance is required only for the worksite. For rehabilitation assistance>S5,000 par unit,clearance is required for Ghe unit,common areas,and exterior areas where rehabilitation took place. Clearance involves a visual assessment and dust testing after cleanup is complete. A clearance report must be prepared.If abatement is conducted,an abatement report is required in place of a clearance report Ongoing Maintenance and Monitoring Ongoing Maintenance None required. CMrners of rental properties receiving rehabilita5cn assistance through the HOtAE program must incorporate ongoing lead-based paint maintenance activities into regular building cpera-tons. -EBL Requirements Environmental Intervention Blood Lead Level Requirements if an EBL child is identified,chewable surfaces must The new regulation does no:require action by grantees when a child with an be tested for lead-based paint and treated as environmental intervention blood lead level is found to be living in a unit that hes necessary. received rehabilitation assistance. 9 TABLE 2: TENANT-BASED RENTAL ASSISTANCE ACTWITiES CURRENT REQUIREMENTS NEW REQUIREMENTS -Applicability Applicability Under the current regulation,the lead-based paint requirements for The new regulation outlines lead-based paint requirements specifically for tenant-based rental assistance activities are the same as those for other Federally funded tenant-based rental assistance woef- These requirements program activities. Each CPD program has its own lead-based paint apply to HUD programs that•pmvide assistance for tenant-based rental regulation. assistance,including CPD-funded tenant-based rental ass?stance act!vi5es. Lead-based paint requirements are simlar across CPD programs(most simply refer to 24 CFR 35).The general requirements that apply to all t'nese prog-,ams are described below. Notification Notification Occupants must receive a notification about the potential presence and Sarre as currant requiremen,_ hazards of lead-based paint. Notification can be achieved through the The new regulation also requires v.ri;en notice to==pants infor„�ing ttiern el distribution of the EPAMUDrCPSC lead-basad paint hazard information lead hazard evalual!on or reduction z�Jrftias. pamphlet. All prope.tj owners(both subsidized and market rte)must disclose available information about the presence of lead-based paint and provide prospective buyers/occupants with any existing documenta�on of known lead-based paint hazards in the dwelling unit. Visual inspection Visual Assessment Units eaupied by families with children under age seven must be Under the new regulation,units cccupiy'by families vrith children under ace six i'?sually inspected for defective paint surfaces prior to=upancy and on must to inspected for de',erioraled pair,sc.fac s.A visual assessment is a an ongoing basis. visual search for cracking•scaling,p::!ing,or chipping paint. Treatment Paint Stabilisation Defeciive paint surfaces must be s,e!y treated within 30 days of the Al!delenorzted paint surfaces in atdwe?lily must undergo paint stab?IizaJan. inspr4ion either by covering the surface with permanent wall covering Paint stabili_aGon is similar to the trea!rnent avtvities required under c:urent (such as wallboard)or by s~aping bid repainting tine surface. rs-gula!ions. Hovrever,additional r=.__res must bee irnplernent d to re i:ce the res;of creating lezded dust. Safe Work Practices Safe Work Practices Current regulations establish some provisions rega.ding safe and Paint stabilizakin must bee perrfon-d using safe work p:actices. The nex Prohibited me.`ods for work. reau!aJon has more extensi'/e fe7L'ife.i a its for safe woek practices,iricivdinc an up4ated lis,of prohibited methods. n:ere are zddit on at safety pr-CC2uSGis for otcu;Dalt p;otEction,vroextite preparation,and deanup zctivides. Clearance Clearance Not required. After paint stabilization,a eea:ance exa.i.inc ion must be We lomeJ by a certified pm essionzl to ensure that all i--laird work was done and not ed t:assdpaint ha.?ards remain. Ciearam: involves a visual assessment a::d diust lesJlg ci<<r cleanup is complete. i Ongoing Maintenance and Monitoring Ongoing Maintenance Prone required. Owners,ofall tsnanl-based rental assistance properties must incoTor'.e tingeing lead-based paint raint_nance activities into regular building cp<rz';cns. I EEL Requirements Environmental Intervention Blood Lead Level Requirements If an EOL child is identified;chewzble surfaces must tY tested. f,lead- If child with an environmenlal irtlervenscn blood lead level is identiei,t;.e baste`paint is present,the su faces must be abated. owner must complete a res; as_�ssment of the dwelling unit where the c.;d resides viNn 15 calendar days and c .duct interim controls or abate.^.r�1t wit,.,n 15 calendar days of risk assess-..it to control Ltie identrej 11 h:*.eras. The grant:7e m•1st communic2t?wit"State and lacel health agencies lc=pror:ce and receive iden'Mcation in!ormallon chl!dren v4th envliOnmental intervention blood lead leve?s.Ouartely,crante?.S must mate.i,forma:on c:. en-A rimental intervention t-1ccd lead lore!ries with names and 'dressw c families r cervine Federal ass?stance. ! 10 TABLE 3: ACQUISITION, LEASING, SUPPORT SERVICES, AND OPERATIONS ACTIVITIES CURRENT REQUIREMENTS NEW REQUIREMENTS Applicability Applicability Under the current regulation,the lead-based paint requirements for The new regulation outlines lead-based paint requirements specifically for acquisition,leasing,support services,and operations activities are the Federally Funded acquisition,leasing,support services,end operations emelt. same as those for other program activities. Each CPD program has These requirements apply to HUD progt-ams that provide assistance for its own lead-based paint regulation. acquisition,leasing,support services,and operations activities,including CFD- Lead-baser paint requirements are slmitar scress CPO programs funded acquisition,leasing,support sar ices,and operations activities. (mcst simply refer to 24 CFR 35).However,the HOME progrern has the most extensive guidance on requirernents,but it differs from other prcgrams by spec!rying activities that are exempt. The general rquirements that apply to all these programs are described below. Notification Notification Purchases and eauparts of properties constructed prior to 1978 Same as current requirement, must receive a notification about the potentia!presence and hazards The nevi reculation also requires wi,,er notice to cccupants informing them of of lead-based paint. This can be achieved through the distribution of lead hazard evaluation or reduction acdvities. the EPAIHUDICPSC lead-based paint hazard information pamphlet. y Atl property owners(both subsidized 2nd market rate)must disclose available information about the presence of lead-based paint and provide prospective buyersloccupants with any existing documentation on known lead-based paint hazards in the dwelling unit. Visual Inspection Visual Assessment Proprr'des constructed prior to 1975 must be visually inspe ted for Under the new regulation,insp` ices for deteriorated pa?nt su laws a.e defective paint susfac s. required in properties constructed prior to 1978. A visual assessrrent is a visual search for crackino,sc a!irc,piling,or chipping paint. Treatment Paint Stabilization Defective paint surfaces must be seely treated ei;ner by covering the AL deteiorated paint surfaces must undergo paint stabilizalicn. Paint surface with pernar,=_nt wall covering(such as wallboard)or by stabilization is similar to the trea7nsnt activities required under current scraping and repainting the surface. re_uiations However,additiona!safeguards must be implemented to reduce the risk of leaded dust. Safe Work Practices Safe Work Practices Current regulations establish some provisions regarding safe and Paint stabilization must be performed using safe worlk practices. The neer prchib!ted methrsds for work. reculation has more extensive requirements for sale work p:2diCes,i,ducting an updated i:st of prohibiled rnsthads. Ther`are eddiJonal sezty pracaAons for occupant protection,worksite preparation,and cleanup activities. Clearance Clearance Not required. After paint stabilization,a cieanance examination must be yerfom�d by a cerlified professional to ensure Lhat all required work was done and no l ears based paint hazards remain. Cleararce involves a visual assessment and dust testing after' cleanup is conpiete. Ongoing Maintenance and Monitoring Ongoing Maintenance None required. Grantees of acquisition,leasing.support sarvices,and operations acti e,�'a must incorporate ongoing lead-based paint maintenance ac'vides into building Cp_raftis. E6L Requirements Environmental Intervention Blood Lead Level Requirements If.an ESL child is identi`ed,chewable surfaces must be tested for The new regula!Ion does not require action by grantees when a child Vnti an lead-based paint and treated as necxssary, etivi.otnmental intervention blood lead le•iel is found to t-a living in a unit that has received a�qvisiGon,leasing.support services,or c;-_..5cns assistance. 11 ATTACHMENT 6 SPECIAL REQUIREMENTS FOR INSULAR AREAS 124 CPR 35.940) Insular areas are U.S.territories,including American Samoa,Guam, Mariana Islands,Micronesia, Republic of the Marshall Islands,Republic of Palau, Puerto Rico,and Virgin Islands. These areas face conditions that make it an unreasonable burden to meet some of the new lead-based paint rehabilitation requirements: Special provisions in the new regulation establish less stringent rehabilitation requirements for granges in insular areas. Grantees must stilt meet the new requirements for tenant-based rental assistance and other program activities(e.g.acquisition,leasing,support service, and operations activities) that must be met by all grantees. Federal funding up to and including$5,000 per unit. There are no lead hazard evaluation requirements in insular area projects receiving this level of funding.However,the lead hazard reduction requirements are the same. Any paint disturbed during rehabilitation must be repaired,and safe work practices must be used during rehabilitation and the repair of disturbed paint. After the work is completed, the worksite must pass a clearance examination before occupants are allowed to return to areas where work was performed. Federal funding over$5,000 per unit Reduced lead hazard evaluation and reduction requirements are established-for projects in insular areas for.rehabilitaUon greater than S5,000.•Before rehabilitation work starts,a visual assessment must be conducted by someone trained to identify deteriorated paint. (There is no paint testing or risk assessment requirements.) Grantees must conduct paint stabilization on all deteriorated paint and all surfaces that will be disturbed during rehabilitation. (Ther are no interim controls or abatement requirements.) The dwelling units and common areas that service those units must pass a clearance examination before occupants are allowed to occupy rooms or spaces where paint stabilization took place. 12 Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards Lead Warning Statement Every purchaser of any Interest in residential real property on which a residential dwelling was built prior to 7978 Is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning In young children may produce permanent neurological damage, Including teaming disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest In residential real property I.s required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection forpossible lead-based paint hazards is recommended prior to purchase Seller's Disclosure (a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or(ii) below): (i) Known lead-based paint and/or lead-based paint hazards are present in the housing (explain). (11) Seller has no knowledge of lead-based paint and/or lead-based paint hazards In the housing. (b) Records and reports available to the seller (check (1) or(ii) below): (i) Seller has provided the purchaser with all available records and reports pertaining to lead- based paint and/or lead-based paint hazards In the housing(list documents below). (ii) Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards In the housing. Purchaser's Acknowledgment(initial) (c) Purchaser has received copies of ail information listed above. (d) Purchaser has received the pamphlet Protect Your Family from Lead in Your Home. (e) Purchaser has (check (i) or (ii) below): (i) received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assess- ment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or (i) waived the opportunity to conduct a risk assessment or Inspection for the presence of lead-based paint and/or lead-based paint hazards. Agent's Acknowledgment(initial) (f) Agent has Informed the seller of the seller's obligations under 42 U.S.C. 4852(d) and is aware of his/her responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the Information above and certify,to the best of their knowledge,that the information they have provided is true and accurate. Seller Date Seller Date Purchaser Date Purchaser Date Agent Date Agent Date Declarad6n de Informad6n sobre Pintura a Base de Plomo y/o Peliogms de la Pintura a Base de Ploma Declarad6n sobre los Peligros del No= Se noflflca a todo comprador de cualquler Interds en propledad real resldencial en la cool fue construlda una vivlenda residencial antes del ant 1978,que dicha pro ledod puede presentoruna exposid6n a plomo de la pintura a base deplomo que podrfa poner a ninosJ6venes en situad6n de rfesgo de desarrollar envenenamienfo de plomo. El envenenamlento de piomo en'nlnos J6venes puede producir danos neurol6glcos permanentes, lnduyendo lncapacidad para el aprendlzafe, codente de intellgencia reducido,problemas de comportamlento ymemoria danado. EI envenenamlento de piomo fambidn representa un pellgro especial para las muJeres embarazadas. EI vendedor de cuaiquier interds en una propiedad privado real residenciai bene la obligad6n de proporcionarle of comprador toda la Informaci6n que posey sobre los pellgros de la pintura a base de plomo que se hoyan determinada en evaluodones o inspecciones de riesgo y de notificarle al comprador sabre cualquler pellgro que conozca dela pintura abase deplomo. Se recomienda realizar una evaluaci6n o inspecci6n de posibles peligros de la pintura a base de plomo antes de la compra. Declarad6n del Vendedor (a) Presencia de pintura a base de piomo y/o peligros de pintura a base de plomo (marque (i) 6(ii)abajo): (i) Confirmado que hay pintura a base de plomo y/o pellgro de pintura a base de piomo en is vivlenda (explique). (ii) EI vendedor no bene ningun conocimiento de que haya pintura a base de plomo y/o peligro de pintura a base de plomo en la vivlenda. (b)Archivos a Informes disponibles para el vendedor(marque (i)6 (H) abajo): (i) Ef vendedor le ha proporcionado al comprador todos los archivos a informes disponibles reladona- dos con pintura a base de plomo y/o peligro de pintura a base de plomo en la vivlenda (anote los documentos abajo). (ii) EI vendedor no tiene archivos ni informes reladonados con pintura a base de plomo y/o peligro de pintura a base de plomo en la vivlenda. Acuse de Redbo del comprador(iniciai) (c) EI comprador ha recibido copias de toda la informad6n indicada arriba. (d) EI comprador ha recibido ei folleto titulado ProteJa a Su Familia del Plomo en Su Casa. (e) EI comprador ha (marque (i) 6 (ii) abajo): (i) recibido una oportunidad por 10 dfas (o un perfodo de tiempo de mutuo acuerdo) para hacer una evaluaci6n o inspecci6n de desgo de presencia de pintura a base de plomo o.de peligros de pintura a base de plomo; o (ii) renunciado a la oportunidad de hacer una evaluaci6n o inspecci6n de riesgo de presencia de pintura a base de plomo o de peligros de pintura a base de piomo. Acuse de Recibo del Agente(Inicial) (f) EI agente le ha informado al vendedor de las obligaciones dei vendedor de acuerdo con 42 U.S.C. 4852(d) y esta consciente de su responsabilidad de asegurar su cumplimiento. Certificaci6n de Exactitud Las partes sigulentes han revisado la informad6n que aparece arriba y certifican que, segiun su entender, toda la lnformacd6n que han proporcionado es verdadera y exacta. Vendedor Fecha Vendedor Fecha Comprador Fecha Comprador Fecha Agente Fecha Agente Fecha �Ffri S if l5 f'{i qtr �C Ly �� {:F(N i•{ � spy r r•` ai3,..,{. 0 i `z al a 4 t� ^ai �• • �� r - ! z•��1@k'�ai�� 7'i;"l2� i'�SE^•.'�2�t"�S 'x•a � � 1. • •' 1 Are You Planning 7o Buy, Rent, or Renovate a Home Built Before 197.8? any houses and apartments built before 1978 have paint that contains lead (called lead-based paint). Lead from paint, chips, and dust can pose serious health hazards if not taken care of properly. Federal law requires that individuals receive certain information before renting, buying, or renovating pre-1978 housing: LANDLORDS have to disclose known infor- mation on lead-based paint and lead-based 1 i paint hazards before leases take effect. Leases must include a disclosure form 4 about lead-based paint. E.; SELLERS have to disclose known informa- tion on lead-based paint and lead-based paint hazards before selling a house. Sales contracts must include a disclosure form about lead-based paint. Buyers have up to 10 days to check for lead hazards. 3. RENOVATORS have to give you this 7Y pamphlet before starting work. (After June 1 1999.) •V Zy IF YOU WANT PAORE INFORMATION .-A on these requirements, call the National Lead information Clearinghouse �;. at 1-800-424-LEAD. This document is in the public domain. It may be reproduced by an individual or organization without permission. Information provided in this booklet is based upon current scientific and technical understanding of the issues presented and is reflective of the Jurisdictional boundaries established by the statutes governing the co-authoring agencies. Following the advice given will not necessarily pro- vide complete protection in all situations or against all health hazards that can be caused by lead exposure. IMPORTANT! Lead From Paint, Dust, and Soil Can Be Dangerous 1f Not Managed Properly FACT: Lead exposure can harm young children and babies even before they are born. FACT: Even children who seem healthy can have high levels of lead in their bodies. FACT: People can get lead in their bodies by breathing or swallowing lead dust, or by eating soil or paint chips containing lead. FACT: People have many options for reducing lead hazards. In most cases, lead-based paint that is in good condition is not a hazard. FACT: Removing lead-based paint improperly can increase the danger to your family. If you think your home might have lead hazards, read this pamphlet to learn some simple steps to protect your family. Lead Gets in the Body in tiffany Mys People can get lead in their body if they: In the p Put their hands or other objects United covered with lead dust in their mouths. States, i p Eat paint chips or soil that contains 900,000 lead. children a es * Breathe in lead dust (especially during renovations that disturb painted 'i to 5 have a surfaces). Mood-lead level above Lead is even more dangerous to children the level of than adults because: concern. Babies and young children often put their hands and other objects in their Even children mouths. These objects can have lead c,rho appear dust on them. healt , can Children's growing bodies absorb more have danger- lead. ous levels ©f land in their 4 Children's brains and nervous systems hadies are more sensitive to the damaging effects of lead. ' �xN'z} t �.,, ; }{[ J�•. Y tom.• _�'� t feu i Mt•:x"Fi=�. i Lead's Effects If not detected early, children with high levels of lead in their bodies can suffer from: Q Damage to the brain and Uran-20.4- cV:rx: nervous system * Behavior and learning problems (such as hyperactivity) Slowed growth * Hearing problems c;:cwfi Headaches Lead is also harmful to adults. Adults can suffer from: Q Difficulties during pregnancy Other reproductive problems (in both men and women) * High blood pressure I c:}P r.x r t Digestive problems Nerve disorders 44 Memory and concentration problems r,°•}�'��� p Muscle and joint pain Lead affects the body in many ways. 3 Where Lead-Based Paint Is Found In general, Many homes built before 1978 have lead- based paint. The federal government y banned lead-based paint from housing in home, the 1978. Some states stopped its use even more likely it earlier. Lead can be found: has lead.- * In homes in the city, country, or suburbs. based Pert• * In apartments, single-family homes, and both private and public housing. Inside and outside of the house. Q In soil around a home. (Soil can pick up lead from exterior paint or other sources such as past use of leaded gas in cars.) Checking Your Family for Lead To reduce your child's exposure to lead, Get youir get your child checked, have your home children and tested (especially if your home has paint home tested in poor condition and was built before if you think 1978), and fix any hazards you may have. your home Children's blood lead levels tend to increase rapidly from 6 to 12 months of age, and has high lev- tend to peak at 18 to 24 months of age. els of lead. Consult your doctor for advice on testing your children. A simple blood test can detect high levels of lead. Blood tests are usually recommended for: j Children at ages 1 and 2. Children or other family members who have been exposed to high levels of lead. Children who should be tested under your state or local health screening plan. Your doctor can explain what the test results mean and if more testing will be needed. 4 1#11`lhere Lead Is Likely To Be a Hazard Lead-based paint that is in good condition is usually not a hazard. Lead from Peeling, chipping, chalking, or cracking paint chips, lead-based paint is a hazard and needs vulhicn you immediate attention. can se., and Lead-based paint may also be a hazard lead dust, when found on surfaces that children can vvhich you chew or that get a lot of wear-and-tear. Can't always These areas include: see, can both . • Windows and window sills. be Serious Doors and door frames. hazards. Stairs, railings, and banisters. Porches and fences. Lead dust can form when lead-based paint is dry scraped, dry sanded, or heated. Dust also forms when painted surfaces bump or rub together. Lead chips and l dust can get on surfaces and objects that people touch. Settled lead dust can re-enter the air when people vac- l uum, sweep, or walk through it, Lead in soil can be a hazard when children play in bare soil or when ? people bring soil into the house on s their shoes. Call your state agency # (see page 11) to find out about test- E _ - �i ..--. ing soil for lead. f.. , 'rin.Yre R 6b.EIN -.�..,-...;.ice_ r� Checking Your Horne for Lead Hazards You can get your home checked for lead haz- lust knowing ards in one of two ways, or both: that a home A paint inspection tells you the lead has lead- content of every different type of painted based paint surface in your home. It won't tell you iTiay not tell whether the paint is a hazard or how you you if there should deal with it. is a hazard. A risk assessment tells you if there are any sources of serious lead exposure (such as peeling paint and lead dust).1t also tells you what actions to take to address these hazards. I-lave qualified professionals do the work. There are standards in place for certifying lead-based paint professionals to ensure the work is done safely, reliably, and effectively. Contact your state lead poisoning prevention program for more information. Call 1-800- '" 424-LEAD for a list of contacts in your area. Trained professionals use a range of methods when checking your home, including: t � •• �f , . r:rt•: Visual inspection of paint condition and r Q location. A portable x-ray fluorescence (XRF) machine. Q Lab tests of paint samples. Surface dust tests. Home test kits for lead are available, but studies suggest that they are not always accurate. Consumers should not rely on these tests before doing renovations or to assure safety. 6 What You Can bo Now To Protect Your Family If you suspect that your house has lead hazards, you can take some immediate \ steps to reduce your family's risk: If you rent notify your landlord of peeling or chipping paint. �:r•' "_ ? %1 Clean up paint chips immediately. l Clean floors, window frames, window sills, and other surfaces weekly. Use a •Sgt u-?'��aWX'A mop or sponge with warm water and a general all-purpose cleaner or a cleaner made specifically for lead. REMEMBER: NEVER MIX AMMONIA AND BLEACH PRODUCTS TOGETHER SINCE THEY CAN FORM A DANGEROUS GAS. > Thoroughly rinse sponges and mop heads after cleaning dirty or dusty areas. ..., Wash children's hands often, especial- ly before they eat and before nap time �:}�•. ' and bed time. Q Keep play areas clean. Wash bottles, , pacifiers, toys, and stuffed animals regularly. Keep children from chewing window sills or other painted surfaces. 4.5 Clean or remove shoes before entering your home to avoid tracking in lead from soil. Make sure children eat nutritious, low-fat meals ,T high in iron and calcium, such as s spinach and dairy products. Children with good diets absorb's: f'` •.;t.. > :°v: less lead. . 7 How To Significantly Reduce Lead Hazards In addition to day-to-day cleaning and good Removing nutrition: lead Q You can temporarily reduce lead hazards improperly by taking actions such as repairing dam- can increase aged painted surfaces and planting grass the hazard to to cover soil with high lead levels. These our Tamil actions (called "interim controls") are not y permanent solutions and will need ongo- by spreading ing attention. even more To permanently remove lead hazards, lead dust you must hire a certified lead "abate- around the ment" contractor, Abatement (or perma- house, nent hazard elimination) methods include removing, sealing, or enclosing Always trse a lead-based paint with special materials. professional orho Just painting over the hazard with regular is trained to paint is not enough'. remote lead Always hire a person with special training hazards safely. for correcting lead problems—someone who knows how to do this work safely and has the proper equipment to clean up .' thoroughly. Certified contractors will employ ~=,� qualified workers and follow strict safety ' ✓''�` "> i rules as set by their state or by the federal ' government. I Call your state agency (see page 11) for help with locating certified contractors in your area and to see if financial assistance is available. Remodeling or Renovating a Home With Lead-Based Pain. Take precautions before your contractor or you begin remodeling or renovations that -`t�y' • -� disturb painted surfaces (such as scraping '�.•---•. " ' '.., off paint or tearing out walls): Have the area tested for lead-based " paint. Q Do not use a belt-sander, propane " torch, heat gun, dry scraper, or dry ;�'�, +,• sandpaper to remove lead-based paint. These actions create large amounts of lead dust and fumes. Lead dust can remain in your home long if not after the work is done. condDeied Temporarily move your family (espe- properly, cially children and pregnant women) out of the apartment or house until Ge'$afr types the work is done and the area is prop- of renova- erly cleaned. If you can't move your ions can family, at least completely seal off the release lead work area. from' paint Follow other safety measures to and dust into reduce lead hazards. You can find out the ail about other safety measures by calling 1-800-424-LEAD. Ask for the brochure' "Reducing Lead Hazards When Remodeling Your Home." This brochure explains what to do before, during, ""-- "-mak:::• and after renovations. t •...; If you have already completed renova- tions or remodeling that could have released lead-based paint or dust, get ,;.,°� your young children tested and follow the steps outlined on page 7 of this brochure. :• rte_ ", .a<r= -� Ct Other Sources of Leary p Drinking water. Your home might have �----� plumbing with lead or lead solder. Call your local health department or water supplier to find out about testing your water. You cannot see, smell, or taste lead, and boiling your water will not get rid of lead. If you think your plumbing might have lead in it: • Use only cold water for drinking and VVhila paint, dust, cooking. and soil are the • Run water for 15 to 30 seconds most common before drinking it, especially if you lead hazards, have not used your water for a few other lead hours. sources also exist. The job. if you work with lead, you could bring it home on your hands or clothes. Shower and change clothes before coming home. Launder your work clothes separately from the rest of your -' family's clothes. * Old painted toys and furniture. Food and liquids stored in lead crystal or lead-glazed pottery or porcelain. Q 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 1,greta" and "azarcon" used to treat an upset stomach. 4 10 For More Information The National Lead Information Center Call 1-800-424-LEAD to learn how to protect children from lead poisoning and for other information on lead hazards. (Internet: www.epa.gov/lead and www.hud.govllea). For the hearing impaired, call the Federal Information Relay Service at 1-800-877- 8339 and ask for the National Lead �: :•,, :-•.�, Information Center at 1-800-424-LEAD. EPA's Safe Drinking Water Hotline Call 1-800-426-4791 for information about Fi v. 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 call 1-800-638- .71 2772. (Internet: wwwOcpsc. ov). g For the hearing impaired, calf TDD 1- � -;:,,•=-a> y��` =: _ � 800-638-8270. ��_ \• __ ,, State Health and Environmental Agencies Some cities and states have their own 'rules for lead-based paint activities. Check with your state agency to see if state or local laws apply to you. Most state agencies can also pro- vide information on finding a lead abatement firm in your area, and on possible sources of financial aid for reducing lead hazards. Receive up-to-date address and phone infor- mation for state and local contacts on the Internet at www.epa.govllead or contact the National Lead Information Center at 1-800-424-LEAD. i1 CEPA Regional Offices Your Regional EPA Office can provide further information regard- ing regulations and lead protection programs. EPA Regional Offices Region 1 (Connecticut. Massachusetts, Region 6(Arkansas, Louisiana,New Maine, New Hampshire, Rhode Island, Mexico,Oklahoma,Texas) Vermont) Regional Lead Contact Regional Lead Contact U.S.EPA Region 6 U.S. EPA Region 1 1445 Ross Avenue, 12th Floor Suite 1100(CPT) Dallas, TX 75202-2733 One Congress Street (214) 665.7577 Boston, MA 02114.2023 1 (888) 372-7341 Region 2 New Jersey, York, Region 7 (Iowa, Kansas, Missouri, Re 9 ( Y Nebraska) Puerto Rico,Virgin Islands) Regional Lead Contact Regional Lead Contact Re 9 U.S. EPA Region 7 U.S. EPA Region 2ARID-RALI 2890 Woodbridge Avenue 901 N . 5th Street Building 209, Mail Stop 225 Kansas City KS 66101 Edison,NJ 08837-3679 (913) 551-7020 (732) 321-6571 Region 3 Delaware,Washington DC, Region 8 (Colorado, Montana,North 9 ( 9 Dakota,South Dakota, Utah,Wyoming) Maryland, Pennsylvania,Virginia,West Virginia) Regional Lead Contact Regional Lead Contact U.S.EPA Region 8 U.S.EPA Region 3 (3WC33) 8th Street, Suite 500 9 Denver, CO 800 202-246666 1650 Arch Street (303) 312-6021 Philadelphia, PA 19103 (215) 814-5000 Region 4 (Alabama, Florida, Georgia, Region 9 (Arizona, California,Hawaii, Kentucky, Mississippi,North Carolina, Nevada) South Carolina,Tennessee) Regional Lead Contact Regional Lead Contact U.S.Region 9 U.S.EPA Region 4 75 Hawthorne Street 61 Forsyth Street,SW San Francisco, CA 94105 Atlanta,GA 30303 (415) 744-1124 (404) 562-8998 Region 5 (Illinois, Indiana, Michigan, Region 10(Idaho,Oregon,Washington, Minnesota,Ohio.Wisconsin) Alaska) Regional Lead Contact Regional Lead Contact Re 9 U.S.EPA Region 10 U.S. EPA Region 5 (DT-81) Toxics Section WCM-128 77 West Jackson Boulevard 1200 Sixth Avenue Chicago, IL 60604-3666 Seattle,WA 98101.1128 (312) 886.6003 (206) 553-1985 'i 2 CPSC Regional Offices Your Regional CPSC Office can provide further information regard- ing regulations and consumer product safety. Eastern Regional Center Western Regional Center 6 World Trade Center 600 Harrison Street, Room 245 Vesey Street. Room 350 San Francisco,CA 94107 New York, NY 10048 (415) 744-2966 (212) 466-1612 Central Regional Center 230 South Dearborn Street Room 2944 Chicago, IL 60604-1601 (312) 353.8260 UD Lead Office Please contact HUD's Office of Lead Hazard Control for informa- tion on lead regulations, outreach efforts, and lead hazard control and research grant programs. U.S. Department of Housing and Urban Development Office of Lead Hazard Control 451 Seventh Street, SW, P-3206 Washington, DC 20410 (202) 755-1785 'l3 O :.: e 4 r S�tt�plo Steps�Ta Protect 1Cour Fan��[ s� z� A �A+�A7 1 ■�I1 ' � T.� ,k Y.i ,c ` 3s r � M e.�MM � �•Yw�R ))e r r u+_'a 1 G ar 7 "2i _ ,.µ ...C� Is' YOU thinla your home h@s high levels of le t^l' 1G"^. .._W.. ..-,-r•... .�.�t2 ..,... L°'.,....�o...1... _.. y.G.y ^^ ..:'.';:^:":._•.-N'^cGT`f1�2'". cy _. _ Ysx•:.c. <> GetYour Young children tested for • if eventhey seem healthy. t"c?r `L•n•v. x � IIt r A ash children's hands, •• • toys 1?4K.. r .rx Get Your home checked for lead • • fes' 4 Regularly clean floors, window sills, and other fiq .rx f< -�' _34 g Rt <> Wipe soil off shoes before entering house. OM -M N W5 <, Talk to your landlord about fixing Surfaces with peeling • •• • paint. e-a..:-x ._sG'yG,'`�_ x -•�. -c aiake • • • • • •• • •• • s s- 1 tr� <•- when remodeling or renovating (call 1-800-424- � 3LEAD for guidelines).f4l_j Don't use a propane heat . f+; �r tiDon't try to remove lead-based paint yourself. "AN 4 dry scraper, or dry sandpaper on painted surfaces that may contain lead. A. z:c:rr:¢«r;;r IN `" = •a`r- 'tom...- -_ �.. ,f` ' .c- i -ya-r �.�•cam_l x�� f I d'��> 1 St°��.�"xs"xib '•M q� �s rSxG:�I¢r<' '��"r�.y�+Fa'u"'' �' . _ r.7zjr `� ,a ��v .3a ��'z'ra�,��. . • w 5toCxi aT '�_�i is c°xF'c"r'"'�`eZ�TP' 40 "F^xf.,�h-3.3�¢r°`?r�c+ s� :ry,r,�p �' .. � ^rn�?� .r"c - �,.� e�t"S��t""'�' �',,",.t` �� '`�"�"' � ��`,`.kt i ,� ;rr t b .a•i':-- r t�<•rr � I�', �.y�.;-�r Y. ��,.i'' — ■`fir :wn.:�s�crz���i�d1r ��5 [�e.,sr•'.�.,u� ' '..sem .cs cr'���zz�j ,_,:�. ` �,=�a:=xtr,�.rz. tr �`a..x i� �/_-P..-r�+�.�-`�-�-:----�?' EXHIBIT "E" AUDIT SCHEDULE INDEPENDENT AUDIT REQUIREMENT BUSINESS/AGENCY NAME: Polytechnic Community Development Corporation PROGRAM: MODEL BLOCKS: CDBG YEARS: AMOUNT FUNDED: Name of Independent Auditor who will perform agency audit: To be determined. Independent Auditor to be contracted during CDBG contract period. To be determined Date audit is to be performed: To be determined within 60 days of completion of CDBG funded project. The following language is a condition of your contract with the City: "In accordance with OMB Circulars A-128 and A-133, for all contracts in the amount of $300,000 or more, Contractor must submit to City an annual audit of its program operations and finances, covering either its fiscal year during which this contract is in force or covering the period of this contract. This audit must be prepared by an independent certified public accountant and must be submitted within three (3) months of its completion. Costs of preparation of this audit may be an allowable expenditure of CDBG funds in an amount proportional to that of the CDBG funds used in Contractor's total agency operating budget." This form is to be completed and submitted to the Housing Department at the beginning of each contract year. Signature Date EX-MIT "F" Compliance with the City's Minority/Women Business Enterprise Ordinance The City has adopted a goal-oriented program for the inclusion of minority and women business enterprises (M/WBE) in City contracts through Ordinance No. 13471, as amended. The Contractor has committed to meeting a 25%M/WBE goal on this project. The total of the dollars budgeted in this contract for Housing Development/Economic Development/Landscaping will be used to determine the achievement of the 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 breach of this contract and shall be grounds for termination by the City. ENMBIT " It ORDINANCE NO. REPEALING ALL MINORITY AND WOMEN BUSINESS ENTERPRISE POLICIES AND DISADVANTAGED BUSINESS ENTERPRISE POLICIES PREVIOUSLY ADOPTED; ADOPTING AN ORDINANCE TO REMEDY THE UNDERUTILIZATION OF MINORITY AND WOMEN BUSINESSES, AND TO ENHANCE THE UTILIZATION OF SAME; DEFINING MINORITY BUSINESS ENTERPRISE, AND WOMEN BUSINESS ENTERPRISE FOR PURPOSE OF CERTIFICATION; REQUIRING MINORITY BUSINESS ENTERPRISE AND WOMEN BUSINESS ENTERPRISE PARTICIPANTS TO BE QUALIFIED AND DOING BUSINESS IN LOCALITY FROM WHICH THE CITY REGULARLY SOLICITS; ADOPTING THE U.S . SMALL BUSINESS ADMINISTRATION'S DEFINITION FOR A SIZE STANDARD; ESTABLISHING SEPARATE GOALS FOR MINORITY BUSINESS ENTERPRISES AND WOMEN BUSINESS ENTERPRISES IN THE SPECIFIC AREAS OF CONSTRUCTION, PROFESSIONAL SERVICES AND PURCHASING; ESTABLISHING PROCEDURES FOR PROJECT SPECIFIC. GOALS ; PROVIDING GENERALLY FOR THE PROCEDURES TO BE FOLLOWED IN THE BID/PROPOSAL PROCESS; REQUIRING BIDDERS TO SUBMIT DOCUMENTATION OF COMPLIANCE IN ORDER TO BE RESPONSIVE TO BID/PROPOSAL SPECIFICATIONS; ESTABLISHING WAIVER OF GOALS PROCEDURES; ALLOWING FOR DEBARMENT FOR MISREPRESENTATION OF FACTS AS IT RELATES TO COMPLIANCE; PROVIDING SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council commissioned an Availability/Disparity Study (Study) conducted by Browne, Bortz & Coddington, Inc. (BBC) and a Public Hearing (Hearing) conducted by Carl Anderson, Esq, and found disparities in the utilization of minority and women business enterprises in contracts awarded by the City of Fort Worth (City) ; and WHEREAS, the Study and Hearing found that discrimination occurred in the major contracting areas (construction, purchasing, and professional services) of the City of Fort Worth and resulted in significant underutilization of ninority and women business enterprises; and WHEREAS, minority and women business enterprises have had and continue to have difficulties in obtaining financing, bonding, credit, insurance, and assistance programs 'have not been effective in either remedying the effects of underutilization in City contracting or in preventing ongoing underutilization; and WHEREAS , the Study and the Hearing determined that race-neutral alternatives for enhancing minority and women business enterprise contracting are not completely suf f ici.ent; and WHEREAS, the City has also been a passive participant in discriminatory behavior practiced by private industry within the relevant Marketplace in the award of contracts to minorities and women businesses, the purpose of this ordinance is to overcome the effects of this past underutilization in the City's contracting processes; and WHEREAS, the provisions of this ordinance may increase the utilization of minority and women business enterprises in contracts awarded by the City of Fort Worth; and WHEREAS, the City Council now desires to provide a narrowly tailored remedy for past underutilization of minority and women businesses through the annual setting and defining of percentage goals for different categories of contracts, providing penalties for fraudulent misuse of this ordinance, requiring regular review ,of the necessity for the provisions of this ordinance , limiting those minority" and women's business enterprises that participate under this ordinance to those that qualify and do business in the City' s Marketplace, providing for post bid submission of required information about minority and women business enterprises and establishing waiver of goals procedures; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: • SECTION I. It is the policy of the City of Fort Worth to attempt to provide a remedy for past underutilization of qualified minority and women businesses and prevent ongoing underutilization of minority and women business enterprises in the City's contracting process by ensuring the full and equitable participation of minority and women business enterprises in the provision of goods and services to the City on a contractual basis in the manner identified in Attachment I of this ordinance, said Attachment I being a part of this ordinance. -2- SECTION 2. The ultimate goal of this ordinance is to remedy the effects of past underutilization in the Marketplace by increasing the use of minority and women business enterprises above the present low level to one more comparable to their -availability in •the Fort Worth Marketplace. The City Council shall set an annual goal for MBE and WBE participation in City procurement activities, based upon the availability within the Marketplace. The initial goals, based upon availability, shall be thirteen percent (131;) for minority businesses and twelve percent (12t) for women businesses and shall be reviewed as provided for elsewhere herein. These goals are not quotas. SECTION 3. The provisions of this ordinance shall apply to all contracts awarded by the City, except as may be hereafter specifically exempted, and shall be liberally construed for the accomplishment of its policies and purposes. Specific goals shall be established in the areas of construction, professional services and purchases of other goods and services. Goals may be set on` individual projects based on the type of work or services to be performed, or goods to be acquired and the availability of minority and women businesses in the City's Marketplace. SECTION 4. The provisions of this ordinance shall be considered in determining the responsiveness to specifications of offerors to the bid/proposal. The City shall consider the offeror's -3- responsiveness to this ordinance in the evaluation of bids/proposals and shall award contracts to the lowest responsible offeror meeting the specifications, inclusive of compliance to this minority and women business enterprise ordinance. SECTION S. Debarment procedures shall be established for firms willfully misrepresenting the facts in compliance with this ordinance to the City. SECTION 6. Waiver procedures to the . regulations established in this ordinance shall be provided for City procurement activities where a public calamity requires the emergency expenditure of funds; the purchase of goods or services from source (s) where subcontracting or supplier opportunities are nonexistent; where an economic risk or undue delay for the acquisition of goods or services will be imposed on the City, or when the availability of minority and women businesses is negligible. SECTION 7 . From and after the date this ordinance takes effect, it shall supersede all previous City Council Policies affecting minority and women business enterprise and disadvantage business enterprises . SECTION 8 . The City Manager, with the advice and counsel of the Disadvantaged Business Enterprise Advisory Committee ("DBEAC") in accord with City of Fort Worth Resolution No. 1148, is hereby r -4- authorized to establish, implement and administer regulations necessary to carry out the intent of this ordinance. SECTION 9. The City Council ' shall regularly, at least every three (3) years, determine whether there is a continuing need for a •minority and women business enterprise program, make relevant findings, and, if necessary, repeal in whole or in part or enact appropriate amendments to this ordinance. SECTION 10. It is hereby declared to be the, intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affec any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 11. This ordinance shall take effect and be in full force and effect from on and after June 1, 3.995; provided, however, that this ordinance shall not affect any procurement activity where formal solicitation began before the effective date of this ordinance, and it is so ordained. -5- APPROVEW AS TO FORM AND LEGALITY: ity Att Date: ADOPTED: ADOPTED• 4/` / S EFFECTIVE: ATTACHMENT I I. DEFINITIONS: 1. "Bidder" means any person, firm, corporation, or partnership which submits a bid or proposal to provide labor, goods or services to the City for which City funds are expended. The term includes "Offeror" as well as offers received from providers of professional services.. 2. "Certified" means those firms, within the Marketplace, that are certified by either the North Central Texas Regional Certification' Agency (NCTRCA) or the Texas Department of Transportation •(TxDOT) , highway division. 3 . "City" means the City of Fort Worth, Texas. 4. "Construction" means the erection, rehabilitation, alteration, conversion, extension, demolition, improvement, remodeling or repair to any real property, including streets, storm drains and facilities providing utility service owned by the City. 5. "Contract" means a binding agreement whereby the City either grants a privilege or is committed to expend or does expend its funds or other resources for or in connection with a) construction of any public improvement, and b) purchase of any services (including professional services) . The term inoludes "purchase order" . 6. "Contract officer". means the person employed by the City to oversee the performance of the contract. 7 . "Contracting Department" means the department responsible for payment of contract obligations. 8 . "Contractor" means the person, firm, corporation, or partnership with whom the City has entered into an agreement. Includes the terms "Vendor" and "Prime Contractor" : 9. "Coordinator" means the administrator of the MBE/WBE Office. 10. "Good Faith Effort" means having: absence of malice or any intentions to deceive; good intentions and sincerity to meet the goals of this ordinance. Documentation submitted by the bidders to explain why its good and honest efforts did not meet or exceed the stated MSE/WBE goals. Compliance with each of the following steps shall satisfy the Good Faith Effort requirement absent proof of fraud, misrepresentation, or intentional discrimination by the bidder: -7- 10. 1. List each and every subcontracting and/or supplier opportunity for the completion of this project. 10. 2 . Obtain a current (less than two (2) months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office. 10.3 . Attend the pre-bid conference, if scheduled by the City, and attempt to utilize M/WBEs that attended. 10. 4'. Solicit bids from M/WBEs, within the subcontracting and/or supplier areas previously listed, at least ten days prior to bid opening by mail. 10. 5 . Solicit bids from M/WBEs, within the subcontracting and/or supplier areas previously listed, at least ten days prior to bid opening by telephone. 10. 6 . Solicit bids from M/WBEs, within the subcontracting and/or supplier areas previously listed, at least ten days prior to bid opening by advertisement in a local newspaper. 10. 7 . Provide plans and specifications or information regarding the location of plans and specification to M/WBEs. 10 . 8 . Submit documentation if M/WBE bids were rejected on the basis of quotation not being commercially reasonable, qualifications, etc. Note: If a SIC code list of M/WBEs is five or less, the bidder must contact the entire list to be in compliance with 1.0. 4 and 10 . 5 . If a SXC code list of M/WBEs is more than five, the bidder must contact at least two-thirds of the list but not less than five to be in compliance with 10 . 4 and 10. 5. Note: Bidders who continuously list the sane M/WBEs when contact has previously been unsuccessful as result of disconnected numbers or returned nail, will not be deemed in compliance with the Good Faith Effort requirements . 11. "Joint Venture" means an association of two or more persons or businesses to carry out a single business enterprise for profit for which purpose they combine their property, capital , skills , knowledge and management in an agreed to proportionate share. _g-