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Contract 26982
CITY SECET CON RACT NO Y . STATE OF TEXAS § COUNTY OF TARRANT § THIS contract is made and entered into by and between the City of Fort Worth ("City"), acting by and through Dale Fisseler, its duly authorized Interim 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 ("City") has received a grant from the United States Department of Housing and Urban Development ("HUD") through the Home Investment Partnerships Program ("HOME"), Program Nos. M-00-MC-48-0204, with which the City desires to promote activities that expand the supply of affordable housing and the development of partnerships among the City, local governments, local lenders, private industry and neighborhood based nonprofit housing organizations; and WHEREAS, the primary purpose of the HOME program pursuant to the National Affordable Housing Act of 1990 ("NAHA") and 24 CFR 92, ("the Regulations") is to benefit low and very low income citizens by providing them with affordable housing; and WHEREAS, Contractor, a nonprofit corporation managed by a volunteer Board of Directors, is to increase the number of decent, affordable housing units available to low and moderate income persons; and WHEREAS, the citizens and the City Council of Fort Worth have determined that the development of safe, decent and affordable housing is needed for moderate, low and very low income citizen's of Fort Worth; NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: 1 GENERAL PROVISIONS 1.1 Purpose 1.1.1 The express purpose of this contract is to provide Contractor with HOME funds not to exceed SIXTY THOUSAND NINE HUNDRED THIRTY-ONE THOUSAND DOLLARS and 30/100 ($60,931.30) for housing development in accordance with "Exhibit A-Program Summary". 1.1.2 The fund may be used for the construction of new homes or rehabilitation of existing homes, single family or multifamily for sale to low income homebuyers. The following are the specific activities that are eligible for funding: 1) acquisition of vacant lots; 2) site Pagel J'(f fJfi O�I.�S 11='E'G1O�fr°�D preparation; 3) construction of new homes; 4) related soft costs such as appraisal fee, architect's and engineer's fees, city permits, legal fees, and costs associated with the sale of homes to qualified homebuyers. The objective is to build and sell within the contract period one home to a qualified homebuyer. Contractor will use home sale proceeds to establish a development fund to finance the construction of more homes for sale to low income qualified homebuyers in accordance with the Exhibit A. 1.1.3 The eligible costs are those allowed under the HOME regulations for the specific activities mentioned in 1.1.2. Funds generated from the sale of each house will be returned to the City to be deposited in the Contractor's development fund account. These funds will be disbursed to Contractor on a drawdown basis upon request to develop additional affordable housing projects. For each house developed and sold, Contractor will be paid a minimum development fee of $3000 from the sales proceeds. If sales proceeds are enough to cover development costs and the minimum $3000 development fee, the Contractor can retain the minimum $3000 development fee plus any sales proceeds above the development costs to be used at its own discretion to further its Program goals. The development costs received from the sales proceeds are to be returned to the City to be deposited in the Development Fund established for the Contractor. These funds will be available to the Contractor to be drawndown to develop additional houses during the term of the contract. If sales proceeds are insufficient to cover development costs and the minimum $3000 development fee, Contractor can retain the $3000 minimum development fee and return the balance remaining from the sales proceeds to the City to be deposited in the Contractor's Development Fund. No developer fee will be paid for projects where the development cost exceeds the sales price by more than ten percent (10%). 1.1.4 The City hereby certifies that Contractor is a Community Housing Development Organization(CHDO) and acts as a housing developer as defined by HUD. 1.1.5 The City shall act through its agent, the City Manager, or his duly authorized representative, unless otherwise stated in this agreement. Contractor agrees to comply with the uniform administrative requirements contained in Section 92.505 of the HOME regulations, including Subpart F, and applicable City Codes and regulations. 1.2 Duration/Period of Affordability 1.2.1 This Contract begins on the date of execution of this contract and terminates twelve (12) months after execution of the contract except that the provisions relating to affordability shall remain in effect through the period of affordability of the last house sold under this program as provided in 12.2 below. This Contract may be extended for one (1) one-year term. Contractor shall request the extension in writing and submit the request to the City sixty (60) days prior to the end of the contract. The City may then approve the extension of the Contract for another year. It is specifically understood that it is the City's sole Page 2 discretion whether to approve or deny the request. 1.2.2 The housing owned or developed by Contractor shall remain affordable as required by Section 92.254 of the Regulations. Affordability means that the actual principal, interest, property taxes, and insurance (PITI) for the purchase does not exceed thirty percent (30%) of the monthly adjusted income of a family with an income at or below eighty percent (80%) of the median income of the area, adjusted for family size, as established by HUD. If the housing does not meet the affordability requirements as stated below, the funds used to produce said housing must be repaid to the City. HOME-funded homebuyer programs must remain affordable housing for minimum periods of. 5 years where the per unit amount of HOME funds provided is less than $15,000; 10 years where the per unit amount of HOME funds provided is $15,000 to $40,000; and 15 years where the per unit amount of HOME funds provided is greater than $40,000. Repayment of the HOME funds attributable to the unit or units that do not maintain the HOME affordability requirements will be required from the Contractor, if, at any time the Contractor is found to be non-compliant to the above time limits. 1.3 Income Requirement and Use of House as Principal Residence 1.3.1 The HOME Program uses the income definitions used in 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 homeowner eligibility. The annual income of the homebuyer, adjusted for family size shall not exceed eighty percent (80%) of the area median income as established by HUD. Contractor shall use the most current HUD Program Income Guidelines to determine program eligibility. 1.3.2 The Contractor shall insure that the homebuyer will use the home purchased under this program as his/her principal residence during the period of affordability. 1.4 Housing Quality and Other Standards. 1.4.1 New housing units constructed under this contract shall meet the most current Model Energy Code published by the Council of American Building officials, the Uniform Federal Accessibility Standards (UFAS), the City's Basic Access Ordinance No. 14171 attached as Exhibit H and all other applicable standards under the City Codes and ordinances. 1.5 Other Requirements 1.5.1 The sales price of the house shall not exceed ninety-five percent (95%) of the median purchase price of the type of single family housing for Fort Worth as determined by HUD. Page 3 ffXD Irt I ID I R K-Ar'i'b,TEL 1.5.2 The sales price of the house shall not exceed the appraised value of the property as determined by an independent appraiser. 1.5.3 Contractor shall demonstrate that the CHDO funds shall be leveraged by other funding sources. 1.6. Independent Contractor 1.6.1. 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 respondeat superior shall not apply as between City and Contractor, its officers, members, agents, servants, employees, subcontractors, program participants, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. It is expressly understood and agreed that no officer, member, agent, employee, subcontractor, licensee or invitee of the Contractor, nor any program participant hereunder, is in the paid service of City and that City does not have the legal right to control the details of the tasks performed hereunder by Contractor, its officers, members, agents, employees, subcontractors, program participants, licensees or invitees. 1.6.2 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 City and its officers, agents, and employees from and against any and all claims or suits. 1.7 Termination. 1.7.1 This contract may be terminated by the City in the event of default, inability, or failure to perform on the part of Contractor, or whenever such termination is determined by the City to be in the City's best interest. Likewise, the contract may be terminated by Contractor if the City does not provide funds pursuant to this agreement. The contract may be terminated for mutual convenience upon agreement of the parties. 1.7.2 The parties acknowledge that HOME funds paid hereunder are intended to provide only partial funding for Contractor's program operations. If non-HOME funds to implement the program are not forthcoming to the Contractor during the contract term, the City may terminate this contract. 1.7.3 Pursuant to the City's CHDO Program and Funding Requirements, Contractor shall begin Page 4 �A,,1jLSU' VIA; actual acquisition and construction work within 12 months from the date of contract execution. Failure to start within the 12-month period is grounds for contract termination. 1.7.4 City shall notify the Contractor in writing of any breach of this contract, and specify a reasonable time within which to cure the particular breach. After being notified of such breach, and if the breach is deemed to be material, Contractor shall have a reasonable time to cure the breach. If the Contractor fails to cure the breach within a reasonable time, not to exceed (60) days, this contract shall automatically terminate. 1.7.5 Contractor will return to City any unused monies previously distributed under this contract within thirty (30) days of the effective date of contract termination. City will have no responsibility or liability for Contractor's expenditures or actions occurring after the effective date of the contract termination. 1.8 Venue 1.8.1 Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or non-performance of this agreement, venue for said action shall be in Tarrant County, Texas. 1.9 Written Instrument is Entire Agreement 1.9.1 All terms of this contract shall apply to any and all subcontractors of Contractor which are in any way paid with HOME funds or who perform any work in connection with Contractor's Program. 1.9.2 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. 1.9.3 The failure of the City to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the City's right to assert or rely upon any such term or right on any future occasion. 1.9.4 This written instrument and the exhibits attached hereto, which are incorporated by reference and made a part of this contract for all purposes, constitutes the entire contract by the parties hereto concerning the work and services to be performed under this contract. Any prior or contemporaneous oral or written agreement, which purports to vary the terms of this contract, shall be void. Any amendments to the terms of this Page 5 ED ��NI, wg*� DIETARY R. WCV)) contract must be in writing and must be approved by each party to this contract. 1.9.5 The paragraph headings contained herein are for convenience in reference to this contract and are not intended to define or to limit the scope of any provision of this contract. 2 DUTIES AND RESPONSIBILITIES OF CITY 2.1 Disbursement of Funds 2.1.1 The City will furnish federal grant funds, (HUD HOME Investment Partnerships Program No. M-00-MC-48-0204) for use as stated herein. The City will monitor the use of such funds to ensure appropriate use of the funds. Funds shall be disbursed after execution of this contract and compliance with the provisions therein. Disbursements from the HOME account for actual acquisition, construction, and/or sale will not be made until actually needed for payment. Payment of expenses will require completion of a "Request For Funds" form(Attachment I), and a copy of supporting documents, including the property sales contract, appraisal, notice to seller, environmental review and contract between Contractor and builder(Exhibit E-Contract For Construction). 2.2 Amount of Funds 2.2.1 It is agreed that the total distribution of federal grant funds made available to or paid on behalf of Contractor, during the term of this contract shall not exceed the total sum of SIXTY THOUSAND NINE HUNDRED THIRTY-ONE DOLLARS and 30/100 ($60,931.30). 2.2.2 Contractor will use the SIXTY THOUSAND NINE HUNDRED THIRTY-ONE DOLLARS and 30/100 ($60,931.30) for the acquisition of lots and construction of homes, and resale of these homes to low income buyers in accordance with the Development Budget in Exhibit B. 2.2.3 Contractor shall be paid on an advance of funds basis for all expenses incurred under this contract to pay for specific acquisition of lots, and related soft costs pertaining to property identified for the purpose of this Program. 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). 3 DUTIES AND RESPONSIBILITIES OF CONTRACTOR 3.1 Statement of Work, Budget and Time Line for Goals and Expenditures 3.1.1 Contractor shall acquire vacant lots and build new homes and sell these homes to qualified low- income homebuyers as defined in Paragraph 1.3.1 above. Contractor shall Page 6 �- C COM U l'o �'I�LCI�Otl9 �L7LNa insure that homebuyers complete a homeownership training program prior to closing. Contractor shall also help homebuyers obtain closing cost assistance and/or deferred loan payment under the City's Homebuyer's Assistance Program or other available programs to make housing affordable to the homebuyers. Funds will be utilized only to provide affordable housing within the City of Fort Worth, Texas. 3.2 Budge 3.2.1 Contractor agrees that the HOME funds will be expended in accordance with the projected Development Budget in Exhibit B attached hereto and incorporated for all purposes. Any change exceeding ten percent (10%) of the total cost per housing unit shown in this Budget shall be made only with the prior written approval of the City. Under no circumstances shall the total amount of program funds expended by Contractor from funds paid by the City exceed SIXTY THOUSAND NINE HUNDRED THIRTY- ONE DOLLARS and 30/100 ($60,931.30). 3.2.2 The funds will be payable based on a drawdown schedule based on extent of completion of each house as approved by the City housing inspectors. Contractor shall demonstrate that the CHDO funds shall be leveraged by other funding sources. 3.3 Time Line for Goals and Expenditures 3.3.1 Contractor shall work in accordance with the schedule in the Program Implementation Timeline in Exhibit C and ensure that program goals and expenditures correspond with the completion of the Program. 3.4 Reversion of Assets 3.4.1 Contractor agrees to return to the City any HOME funds remaining on hand at the end of the contract. If repayments, interest or other returns on investment attributable to HOME funds are received after the term of this contract, they shall be returned to the City to be deposited in the City's HOME account established for the Contractor's development fund. In the event the Contractor administering the development fund established under this contract is dissolved, this contract shall thereupon terminate. In the event this contract is terminated with or without cause, or for any reason whatsoever, all assets of the HOME development fund including cash, interest payments thereon from loans or otherwise, all outstanding notes, mortgages and other instruments to secure HOME funds and any real property valued in excess of$25,000 owned by the Contractor less than five years or a longer period of time that was acquired or improved with HOME funds from the development fund shall belong to the City and shall be transferred to the City or to such assignees as the City may designate. Page 7 ANN, 2,1AMEN 3.5 Affirmative Marketing 3.5.1 Contractor must adopt affirmative marketing procedures and requirements for all HOME housing. The procedures and requirements must include methods for informing the public, owners and potential homebuyers about fair housing laws and policies so as to ensure that all individuals, without regard for race, creed, nationality or religion, are given an equal opportunity to participate in the Program. The Contractor will be solely responsible for the effective marketing responsibilities necessary to achieve the Contractors'production goals set forth in Paragraph 1.1.1 above. 3.6 Recapture Provisions 3.6.1 Contractor understands that there are specific property recapture requirements on HOME- funded properties and a requirement that the homebuyer must use the property as its principal residence. These requirements shall be incorporated in the property deed restriction or covenant running with the land. In addition, the loan documents (Deed of Trust Note) should also incorporate these requirements. The recapture provisions will remain in effect on property purchased with HOME funds for the affordability periods described in Paragraph 1.2.2 above. 3.7 Records and Reports 3.7.1 Contractor will keep or cause to be kept an accurate record of all actions taken and all funds expended, with source documents, in the pursuit of the objectives of the performance of this contract. Such records shall be kept for the period of affordability mandated by the Regulations. 3.7.2 Contractor will obtain and keep on file the following information on each client served by the Program: 3.7.2.1 Annual income and size of the household; 3.7.2.2 Ethnic group, using one of the following five categories: White, not Hispanic; Black, not Hispanic; Hispanic; Asian or Pacific Islander; American Indian or Alaskan Native; 3.7.2.3 Whether the head of household is male or female; is a single male or female householder with or without children; 3.7.2.4 Additional statistical information as may be required by the City Housing Department or HUD regulations and any amendments thereto. 3.7.3 Contractor will keep on file the following information and Page 6 li @o UJVU'�U�9��o documentation on each individual project: 3.7.3.1 Proof that the project meets the applicable property and other standards; 3.7.3.2 The per unit amount of HOME and non-HOME dollars invested; 3.7.3.3 The compliance with the affirmative marketing requirements and existence of acceptable procedures; 3.7.3.4 Compliance with relocation requirements, if applicable; 3.7.3.5 Minority and female owned business data, and affirmative fair housing actions; and 3.7.3.6 Compliance with conflict of interest rules. 3.7.4 By the 15th of each month for the duration of the contract, including the period of affordability as applicable, Contractor will supply the City with a report detailing: 3.7.4.1 Progress toward goal achievement(Exhibit G-Program Services); and 3.7.4.2 Expenditure detail (Attachment I-"Request For Funds", Attachment II "Detail Statement of Costs" &Attachment III "Expenditure Worksheet"). 3.7.4.3 The amount of leveraging generated by this grant, including items that qualify as HOME match. 3.7.5 Reports shall be submitted in the format specified by City. 3.8 Cost Principles 3.8.1 If the Contractor is operating under a non-profit status, as described in Section 501 (c)3 of the Internal Revenue Code of 1986, as amended, Contractor shall comply with the requirements and standards of OMB Circular A-122, "Cost Principles for Non-Profit Organizations". If the Contractor is operating as a for-profit entity, Contractor shall comply with the requirements and standards of Generally Accepted Accounting Practices. 3.8.2 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 the City an annual audit prepared in accordance with CFR part 84 generally, with specific reference to OMB Circulars A-128 and 133 as appropriate. The audit must be prepared by an independent Page 9 r"rub �r4 e��IiWRY 14 AEIT fix. certified public accountant, be completed within twelve (12) months following the end of the period being audited and be submitted to City within thirty (30) days of its completion. Costs of preparation of the audit may be an allowable expenditure of federal funds in an amount proportional to that of the federal funds used in Contractor's total agency operating budget. Non-federal entities that expend less than $300,000 a year in federal funds are exempt from Federal audit requirements for that year, but records must be available for review or audit by appropriate officials of the Federal agency, pass-through entity (City), and General Accounting Office (GAO). (Exhibit D- Independent Audit Requirement). 3.8.3 City reserves the right to perform an audit of Contractor's program operations and finances at any time during the term of this contract, if City determines that such audit is necessary for City's compliance with OMB Circular A-128, and Contractor agrees to allow access to all pertinent materials as described in section headed records and reports above. If such audit reveals a questioned practice or expenditure, such questions must be resolved within fifteen (15) days after notice to Contractor of such questioned practice or expenditure. If questions are not resolved within this period, City reserves the right to withhold further funding under this and/or future contract(s). 3.8.4 If as a result of any audit it is determined that Contractor has misused, misapplied or misappropriated all or any part of the grant funds described herein, Contractor agrees to immediately reimburse the City the amount of such monies so misused, misapplied or misappropriated, plus the amount of any sanctions, penalty or other charge levied against City because of such misuse, misapplication or misappropriation. 3.9 Monitor Effectiveness of Services and Work 3.9.1 The City will review the activities and performance of each contractor and subrecipient not less than annually as required in Section 92.504 (e) of the HOME regulations. 3.9.2 Contractor agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed by Contractor's compliance with the terms of this contract. The City shall have access at all reasonable hours to offices and records (dealing with the use of the funds that are the basis of this contract) of Contractor, its officers, directors, agents, employees, and subcontractors for the purpose of such monitoring. 3.9.3 Contractor agrees to likewise monitor the effectiveness of the services and work to be performed by its subcontractors. 3.10 Compliance with All Applicable Laws and Regulations 3.10.1 Federal IN Page 10 3.10.1.1 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: 3.10.1.1.1 Title VI of Civil Rights Act of 1964 (42 USC 2000d et seq) 3.10.1.1.2 Title VIII of Civil Rights Act of 1968 (42 USC 3601 et seq) 3.10.1.1.3 Executive Orders 11063, 11246, as amended by 11375 and as supplemented by Department of Labor regulations (41 CFR, Part 60) 3.10.1.1.4 Section 504 of the Rehabilitation Act of 1973 (29 USC 794) 3.10.1.1.5 The Age Discrimination Act of 1975 (42 USC 6101 et seq) 3.10.1.1.6 National Environmental Policy Act of 1969 (NEPA) and the related authorities listed HUD's implementing regulations (24 CFR Part 58) 3.10.1.1.7 Immigration Reform and Control Act of 1986 (Pub. L. 99-603, 100 Stat .3359, as amended) specifically including the provisions requiring employer verifications of legal worker status of its employees 3.10.1.1.8 Housing and Community Development Act of 1987 (Pub. L. 100-242, 101 Stat. 1815, as amended) 3.10.1.1.9 The Americans with Disabilities Act of 1990 (42 USC 12101 et seq) 3.10.1.1.10 National Affordable Housing Act of 1990 3.10.1.1.11 The Drug Free Workplace Act of 1988 (24 CFR part 23, subpart F) 3.10.2 Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701 3.10.2.1 As the work performed under this contract is on a project assisted under a program providing direct federal financial assistance from the 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 covenants to abide by the requirements of the said Section 3. It requires as follows: 3.10.2.1.1 That, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area, and 3.10.2.1.2 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. 3.10.2.2 Contractor will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development, set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. Contractor certifies and agrees that it is under no contractual or other Page 11 G ED���aG'� �MM impediment, which would prevent it from complying with the requirements. 3.10.2.3 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 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. 3.10.2.4 Contractor agrees that it will include the said Section 3 clause in every subcontract for work in connection with the project and will, at the direction of City, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, CFR135. Contractor agrees that it will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the subcontractor has first provided Contractor with a preliminary statement of ability to comply with the requirements of these regulations. 3.10.2.5 City and Contractor understand and agree that compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract shall be a condition of the Federal financial assistance provided to the project, binding upon City and Contractor, and their respective successors, assignees and subcontractors. Failure to fulfill these requirements shall subject Contractor and its subcontractors, its successors and assignees, to those sanctions specified by the Grant Agreement through which federal assistance is provided and to such sanctions as are specified by 24 CFR 3.10.3 Clean Air Act; Clean Water Act; Environmental Protection Agency(EPA) Acts and Regulations 3.10.3.1 This contract is subject to the requirements of Section 306 of the Clean Air Act, as amended (42 USC 1857(h) et seq.), Section 508 of the Clean Water Act (33 USC 1368), Water Pollution Control Act, as amended (33 USC 1251 et seq.) and the regulations of the EPA with respect thereto at 40 CFR, Part 15, as amended from time to time, and Executive Order 11738 (42 USC 7606 nt.). In compliance with said regulations, Contractor agrees and, with respect to a nonexempt transaction, shall require each subcontractor to agree to the following requirements: 3.10.3.1.1 A stipulation that no facility to be utilized in the performance of Page 12 t Ilc �II�J`IINII��J nonexempt contract or subcontract work is included on the List of Violating Facilities issued by the (EPA)pursuant to 40 CFR 15.20; 3.10.3.1.2 Compliance with all the requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8), and Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318), relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308 and all regulations and guidelines issued hereunder; 3.10.3.1.3 A stipulation that, as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities; 3.10.3.1.4 Agreement by Contractor that it will include or cause to be included the criteria and requirements of this section in every nonexempt subcontract, requiring that Contractor will take such action as City may direct as a means of enforcing such provisions. 3.10.3.2 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. 3.10.4 Other Laws 3.10.4.1 Contractor covenants and agrees that its officers, members, agents, employees, program participants and subcontractors shall abide by and comply with all other laws, (federal, state and local) relevant to the performance of this contract, including all ordinances, rules and regulations of the City of Fort Worth and the Regulations. Contractor further promises and agrees that it has read, and is familiar with, terms and conditions of the Regulations under which funds are granted and that it will fully comply with same. It is agreed and understood that, if City calls the attention of Contractor to any such violations on the part of Contractor or any of its officers, members, agents, employees, program participants or subcontractors, then Contractor shall immediately desist from and correct such violation. 3.11 Prohibition Against Discrimination 3.11.1 Contractor, in the execution, performance or attempted performance of this contract and agreement, will not discriminate against any person because of sex, race, religion, color or national origin, nor will Contractor permit its officers, members, agents, Page 13 If tea Wv J,u�Wp UISWa employees, subcontractors or program participants to engage in such discrimination. 3.11.2 During the performance of this contract Contractor agrees, and will require all its subcontractors to agree, as follows: 3.11.2.1 Contractor will not unlawfully discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Contractor will take affirmative action to ensure that applicants are employed and that employees are treated fairly during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 3.11.2.2 Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 3.11.3 In accordance with the policy of the Executive Branch of the federal government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age or because of any handicap, except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. 3.11.4 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. 3.11.5 In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants Page 14 '',rrj for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. 3.11.6 This agreement is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article III, Division 3 ("Discrimination in Employment Practices"), of the City Code of the City of Fort Worth, and Contractor hereby covenants and agrees that Contractor, its officers, members, agents, employees and subcontractors, have fully complied with all provisions of same and that no employee, applicant or program participant has been discriminated against under the terms of such ordinances by either the Contractor or its officers, members, agents, employees or subcontractors. 4.1 Prohibition Against Interest 4.1.1 No member, officer or employee of City or its designees or agents; no member of the governing body of the locality in which the Program is situated; and no other public official of such locality or localities, who exercises any functions or responsibilities with respect to the program funded hereunder during his tenure or for one (1) 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. 4.11.2 No officer, employee, member or program participant of Contractor or its subcontractors shall have a financial interest, direct or indirect, in this contract or the monies transferred hereunder or be financially interested, directly or indirectly, in the sale to Contractor of any land, materials, supplies or services purchased with any funds transferred hereunder, except on behalf of Contractor, as an officer, employee, member or program participant. Any willful violation of this paragraph with the knowledge, expressed or implied, of Contractor or its subcontractors shall render this contract void able by the City of Fort Worth. 4.11.3 No officer, employee, agent, consultant, elected official or appointed official of the participating jurisdiction, Contractor or its subcontractors who exercised any functions or responsibilities with respect to activities assisted with HOME funds or who are in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a HOME assisted activity, or have an interest in any contract, subcontract, or Page 15 ��� Irk/{1 (Ur9 4UI^Ju��V ��;U� EA 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 (1) year thereafter. 4.12 Assi mg_Hent 4.12.1 Contractor shall not assign all or any part of its rights, privileges, or duties under this contract without the prior written approval of City. Any attempted assignment of same without approval shall be void, and shall constitute a breach of this contract. It is agreed that the City has the right to inspect and approve in writing any proposed subcontracts between Contractor and any subcontractor engaged in any activity in conjunction with this HOME funded project prior to any charges being incurred. 4.13 Indemnity and Bonding 4.13.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, City and its officers, agents, servants and employees from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or nonperformance of this contract and agreement and/or the operations, activities and services of the Program described herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of City; and Contractor hereby assumes all liability and responsibility of City and its officers, agents, servants, and employees for any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or nonperformance of this contract and agreement and/or the operations, activities and services of the programs described herein, whether or not caused in whole or'in part, by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of City. Contractor likewise covenants and agrees to and does hereby indemnify and hold City harmless from and against any and all injury, damage or destruction of property of City, arising out of or in connection with all acts or omissions of Contractor, its officers, members, agents, employees, subcontractors, invitees, licensees, or program participants, or caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of City. 4.13.2 Contractor will maintain a blanket fidelity coverage in the form of insurance or bond in the amount of Thirty Thousand dollars ($30,000), to insure against loss from the fraud, theft or dishonesty of any of Contractor's officers, agents, trustees, directors or Page 16 employees. The proceeds of such bond shall be used to reimburse City for any and all loss of HOME monies occasioned by such misconduct. To effectuate such reimbursement, such bond shall include a rider stating that reimbursement for any loss or losses thereunder shall be made directly to City for the uses and benefit of Contractor. 4.14 Waiver of Immunity 4.14. 1 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. 4.15 Insurance Requirements 4.15.1 Commercial General Liability(CGL)Insurance $500,000 each occurrence $1,000,000 aggregate limit 4.15.2 Business Automobile Liability Insurance $1,000,000 each accident on a combined single-limit basis, or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence $2,000,000 Aggregate Insurance policy shall be endorsed to cover"Any Auto" Pending availability of the following coverage, and at the discretion of the Contractor, the policy shall be the primary responding insurance policy versus a personal auto insurance policy if or when in the course of Contractor's business as contracted herein. 4.15.3 Workers' Compensation Insurance Part A: Statutory Limits Part B: Employer's Liability $100,000 each accident $100,000 disease-each employee $500,000 disease-policy limit Note: Such insurance shall cover employees performing work on any and all projects including but not limited to construction, demolition, rehabilitation. Coverages shall be maintained by Contractor or its subcontractors. In the event the respective subcontractors do not maintain coverage, the Contractor shall Page 17 maintain the coverage on such subcontractor for each applicable subcontract. 4.15.4 Directors and Officers Insurance Optional (Highly Recommended) Note: This insurance shall cover the Contractor and any associated Board of Directors members. 4.15.5 Additional Requirements Such insurance amounts shall be revised upward at City's option and that Contractor shall revise such amounts within(30) days following notice to Contractor of such requirements. Contractor will submit to City document that it has obtained insurance coverage and has executed bonds as required in this contract and prior to payment of any monies provided hereunder. Each insurance policy shall be endorsed to provide City with a minimum sixty (60) days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. Insurance policies required herein shall be endorsed to include the City of Fort Worth as an additional insured as its interest may appear. Additional insured parties shall include employees, officers, agents, and volunteers of the City of Fort Worth. The Workers' Compensation Insurance policy shall be endorsed to include a waiver of subrogation, also referred to as a waiver of rights of recovery, in favor of the City of Fort Worth. Any failure on part of the City to request certificate(s) of insurance shall not be construed as a waiver of such requirement nor as a waiver of the insurance requirements themselves. Insurers of Contractor's insurance policies shall be licensed to do business in the state of Texas by the Department of Insurance or be otherwise eligible and authorized to do business in the state of Texas. Insurers shall be acceptable to the City insofar as their financial strength and solvency and each such company shall have a current minimum A.M. Best Key Rating Guide rating of A:VH or other equivalent insurance industry standard rating otherwise approved by the City of Fort Worth. Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise approved by the City of Fort Worth. In the event there are local, federal or other regulatory insurance or bonding Page 18 requirements for the housing program addressed in this contract, should such requirements exceed those specified herein, the former shall prevail. Contractor shall agree to require its subcontractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and, Contractor shall require its subcontractors to provide Contractor with certificate(s) of insurance documenting same; and, Contractor shall require its subcontractors to have the City of Fort Worth and the Contractor endorsed as additional insureds (as their interest may appear) on their respective insurance policies. Contractor shall require its subcontractors to maintain builders risk insurance at the limit of applicable project(s) costs when the value of materials involved exceeds $10,000 or at a different limit value as specified by the City of Fort Worth. 4.16 Program Income Qualifications for Families 4.16.1 Contractor agrees to abide by HUD income guidelines, which are specific to the type of project that is undertaken by the Contractor. 4.17 Certification Regarding Lobb jnng 4.17.1 The undersigned representative of Contractor hereby certifies, to the best of his or her knowledge and belief, that: 4.1.7.1.1 No federal appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. 4.1.7.1.2 If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, member of Congress in connection with this federal contract, grant, loan or cooperative agreement, Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 4.1.7.1.3 The Contractor shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of federal funds. Page 19 MD IN WITNESS WHEREOF, the part ies to have exec ed four copies of this contract in Fort Worth, Tarrant County, Texas, this of , A.D. 20 0/. ATTEST: CITY OF FORT WORTH By. ity Secreta —lt' Dale Fisseler Interim Assistant City Manager APPROVE � O FORM AND LEGALITY: Asst l ity At orney 7 � -,-y POLYTECHNIC COMMUNITY Contract Authorization DEVEI„ PMENT CORPORATION -- � -l'q 'D l B"in, Date Y Page 20 ��!Ni l( �C CORD YEK. STATE OF TEXAS 8 COUNTY OF TARRANT 8 BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Dale Fisseler, 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 $-L4 day of A.D. 2001. I�P�Y P e•. ROSELLA BARNES ;20; Ci NOTARY PUBLIC CO F State of Texas Notary Public in and for the State of Texas ' Comm.Exp.03-31-2005 STATE EXAS 8 COUNTY OF TARRANT 8 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 the same was the act of Polytechnic Community Development Corporation and that he executed the same as the act of said Polytechnic Community Development Corporation for the purposes and consideration therein expressed and in the capacity therein stated as its duly authorized officer or representative. G E UNDER MY HAND AND SEAL OF OFFICE this day of A.D. 2001. ary Public in and for the State of Texas =UIJA Page 21c}a�^lrb h EXHIBIT A POLYTECHNIC COMMUNITY DEVELOPMENT CORPORATION PROGRAM SUMMARY Program Title Polytechnic Heights NEIGHBORHOOD REVITALIZATION STRATEGY DESCRIPTION: The Polytechnic Community Development Corporation(PCDC)will provide staff,facilities, development services,acquisition and rehabilitation to implement the neighborhood revitalization strategy in the areas of housing,community facilitiesminor home repair(MHR), and economic development, The period of performance is two years from the date of contract execution. PROGRAM OBJECTIVES: To effect community development of Polytechnic Heights as outlined in the neighborhood revitalization strategy for the area,the PCDC will undertake the following programs: HOUSING through 1)housing site acquisition 2)acquisition,rehabilitation and resale of homes to low and moderate income families 3)new home construction 4)a grant program for minor home improvements(MHR). COMMUNITY FACILITIES by 1)acquisition and rehabilitation of community facilities. ECONOMIC DEVELOPMENT by 1)marketing the area's assets to potential businesses,homeowners and investors 2)designing and developing programs to assist and encourage the expansion or establishment of area businesses. PROGRAM MEASURES: Estimated Estimated 2001 -2002 2002-2003 HOUSING 1. Housing site acquisition 4 4 2. Acquisition,rehabilitation and resale of 1 1 homes to low and moderate income families 3. New home construction 1 2 4. A grant program for minor 15 20 home improvements COMMUNITY FACILITIES 1. Acquisition and rehabilitation of 1 community facilities. ECONOMIC DEVELOPMENT 1. Develop a neighborhood newsletter 1 2. Produce print and electronic publicity material. ` , TEL EXHIBIT A PROGRAM SUMMARY PROGRAM TITLE POLYTECHNIC COMMUNITY DEVELOPMENT CORPORATION DESCRIPTION: Polytechnic Community Development Corporation will acquire vacant lots in its target neighborhood for new home construction. These newly constructed homes will be sold to very low to moderate income homebuyers. Funds generated from sale of houses will be returned to the city to be deposited in the development fund established for Polytechnic Community Development Corporation to use to build additional affordable homes. The contract period begins on the date of execution and ends twelve months thereafter. PROGRAM OBJECTIVE: To build and sell one house within the contract period. To acquire an inventory of four vacant lots. PROGRAM MEASURES: Projected Goals Number of homes built 1 Number of homes sold 1 Number of lots acquired 4 9 � EXHIBIT B H. Development Budget: Please fill the following: PROJECT USE OF FUNDS SOURCES OF FUNDS "Ou r R- HER ALCOS F;: WWW" 04"'0 PO4"(1) -TA, �kRY�'n�t U is PREDEVELOPMENT COST 1. Market Study Y Feasibility assessment(e.g. preliminary work write-up,cost estimates or design 3. Other, $2,500 $2,500 4.Total Preclevelopment Cost $2,500 $2,500 DEVELOPMENT COST 5. Land and/or building acquisition $9,000 $9,000 6. Site Preparation 7.Construction Cost T Fence 9. Landscaping 10.Contigency(Rehab only) 11.Appraisal 12.Architect&Engineer Fees 13.Construction Management Fee 14.Construction Loan Interest 15.Property Survey 16. Legal Fees 17.Real Estate Fees 18.Utility Hook-up/Impact Fees 19.Title&Recording Fees 20. Developers Fee 21.TOTAL DEVELOPMENT COST (Total of Items 5 to 20) $9,000 $9,000 22. Holding Cost ,23.TOTAL COST(21 +22) $11,500 $11,500 D@ EXHIBIT B H. Development Budget: Please fill the following: PROJECT 2 USE OF FUNDS SOURCES OF FUNDS s ' C}T)iER IlNAS AOU�RCES QF OTHER .,TOTALC,?ST��$ ITEMS 'f� C) DO PREDEVELOPMENT COST 1. Market Study 2. Feasibility assessment(e.g. preliminary work write-up,cost estimates or design 3. Other, $500 $500 4.Total Predevelopment Cost $500 $500 DEVELOPMENT COST 5. Land and/or building acquisition $5,500 $5,500 6.Site Preparation 7.Construction Cost $67,500 $67,500 8. Fence 9. Landscaping 10.Contigency(Rehab only) 11.Appraisal $500 $500 12.Architect&Engineer Fees 13.Construction Management Fee 14.Construction Loan Interest 15. Property Survey $1,000 $1,000 16. Legal Fees 17. Real Estate Fees 18. Utility Hook-up/Impact Fees 19.Title &Recording Fees 20. Developers Fee 21.TOTAL DEVELOPMENT COST (Total of Items 5 to 20) $74,500 $74,500 22. Holding Cost 23.TOTAL COST(21 +22) $75,000 $75,000 u� I-(0RD EXHIBIT C -PROGRAM TIMELINE Projects 1-3 4-6 7-9 10-12 13-15 16-18 19-21 22-24 Months Months Months Months Months Months Months Months ADMINISTRATIVE SET-UP Hire a Director Establish office , �� y Establish banking accounts <r�j r� Acquire liability and workman's comp insurance >' `= U iL Establish reporting/accounting systems `v Recruitpro-bono and volunteer staff(ongoing) cc S' BOARD DEVELOPMENT c� Insurance requirements Develop budget and fiscal oversight procedures ,(; Develop personnel policies .' Board training(ongoing) MINOR HOME REPAIR PROGRAM Program Design Develop program goals and guidelines Develop eligibility criteria for program Design forms and informational materials e. MARKETING Design marketing program Market ro ram to homeowners(ongoing) + ,.hnx Qualify clients for program ' ltt11Px ,V7,-;. xH ,, Prepare work write-up on qualified homes , ;' : Issue bids and select contractorw Construction Al,=. Inspection Final Payment " a STREET SIGNS Get criteria from TP&W Identify locations for new signage Get bids from at least 2 companies Install signs ECONOMIC DEVELOPMENT AND COMMUNITY FACILITIES Predevelopment Site identification 4 , Site acquisition ,. Apply for rehabilitation fundsK. Contracting and construction HOUSING DEVELOPMENT I I I I I I I I I I Develop program goals and guidelines Develop program operating support 77T Acquire vacant lots for infill(ongoing) &tk`• f 77 7-7 Acquire houses for rehabilitation(ongoing) -I �,4`4� 1,;g,"Wlw Recover new construction funds from HFC r-im Q Identify qualified housing contractors 03, q-5) n van Request bids from contractors(minimum of 3 Contracting and construction m a P-A NEW CONSTRUCTION MARKETING Design marketing program Market program to qualified buyers(ongoing) A 4 A,111 Issue bids and select contractor 77 77 A A."5 Construction Ta Inspection ,Final Payment 41, t*g")BASED PAINT GUIDYLINES Lead-Based Palm Regulations Changes , On September 15,191.19,HUD Issued a new Federal lead-based paint regulation impler►ienting Title X of the Housing and Community Development Act of 1992. This regulation makes many important chenges in the lead-based paint requirzmenls applicable to housing funded through HUD's Community Planning and Development(CPD) programs. State and local jurisdictions that receive funding from the Community Development Bloc's Grant(CDBG) Program, ' HOME Program,McKinney Act homeless programs and other CPD programs must pre?are to meet these requirements by Sep'�ember 15,2000. ' • �(�p��jj L U Ua WU �CCCu!pM,P EX. Attachment I ADDRESSING LEAD-BASED PAIN'IN LOCAL HOUSING PROGRAMS--KEY LESSONS - Why ESSONS -Why Is Action Needed? D Lead-based paint in older housing is the primary cause of lead poisoning i 64 million homes have lead-based pzint. I 20 million homes have conditions that expose families to unsafe levels of lead. ❑ Lead-based paintthreaens the heaiUh and future of families and our children. 4Ythoul action,h also poses a threat to housing providers. ❑ Tremendous progress has been made in reducing lead poisoning.Lead-based paint in housing is the finai I remainina source of lead that directly threatens families. ❑ States and communities are meeting the challenge, j S• The new regulation presents challenges—it will impact housing program production and operations. D Programs in many communities are already successfully addressing lead. i > Practical actions are available that protect families Understanding Lead and Lead-Based Paint Hazards ` ❑ Lead poisoning does not have obvious symptoms,but it has long-term effects. ➢ Some potential effects include damage to brain and nervous system,loss of intelligence,and Teaming dificulues. 1 9 The only way to know for sure if someone has been poisoned is to performa blood test. O i`1ot all lead-based paint is a hazard. j i > intact lead-based paint does not cause lead exposure. 9 Lead hazards include deteriorated paint,lead-contaminated dust and lead-contaminated soil. E !'fleeting the New Lead-Based Paint Regulation 0 The new lead-based paint regulation emphasizes pi-actical solutions. � i Required actions depend upon the act:vrty,as vvrell as the amount and duration of Federal assistance. > Lead hazard eduction,rather than abalement 1 O The regulation gives States and communities flexibility. Gy - - f�-o rVn�V��l6�tltl b o ' TAKING ACTION TO ADDRESS LEAD-BASED PAINT By September 15,2000,successful State and local housing programs receiving Federal funds viril have; ❑ Revised their program procedures and documents to implement the additional steps required for. Providing notification f ➢ Identifying lead hazards Performing lead hazard reduction,using safe work practices and achieving"clearance' I S Implementing ongoing maintenance where required j r Responding to lead poisoned children j ❑ Obtained training for contractors and program staff on lead hazard evaluation and reduction. ❑ Developed methods and assembled materials to educate rental property o:vners,homeowners,and occupants of rental housing about the new requirements. ❑ Established working relationships with lead professionals and key partners,such as risk assessors and l clearance technicians,public health departments and HUD lead grantees. j ❑ Created procedures for determining when is it more cost-effective to presume that lead hazards are present,and when it makes sense to evaluate a proper► . j 1 r J�— U.b'hip o ATTACHMENT 2-SUMMARY OF LEAD-BASED PAINT REQUIREMENTS BY ACTIVITY Rohabtl((a((on TBRA A,L,SS,O (Subpart J) (Subpart M) (Subpart m <55,000 $5,000.$25,000 >$25,000 Homobuyor and Speclal Noods• Approach to Load 1. :Db no harm .3. .fdonfif),,'and.control tifyand abate,' '2;-,identifyand'stabiliza• . •2::adontify andstabillze Hazard Ev!!lualloh and IoaiC fi5ards: `.' lead li5zdrds: doldriofafd'd.p51nC,. ;dAldiloralod'patiiY.. Rodwlon Notification All 4 lypes Allo types All 4 types Allo types All 4 types Load Hazard Paint Toiling Paint Testing and Paint Testing and Usual Assessment Usual Assessment Evaluation RiskAssossmoni Risk Assessment Lead Hazard Repair surfaces Interim Controls Abatement Paint Stabilization Paint Stabiliizalion Reduction disturbed during (Interim Controls on rehabiiifalion exleriorsurfaces not ' disturbed by rehabilitation) Safe work practices Safe work practices Safc vrork practices Safe work practices Sate vrork practices Clearance or work site Cloaranco of unit Clearance of unit Clearance of unit Clearance of unit rhousIng ainionanco ilio No No Yes Yes(if ongoing relafionsh)p) ufromon(s No No No Yes pie °'Obsurriofoad-based: �ProlOurr Riad-bdsed': Piesumofcad•based •T6stdolorlora(adpalnt. Tostddloriorated•pafnl. patnl palrit•drtd/or hazardspatn(andlot hazard's. Uso safe Mork pracitdes•onty, Use safe work piaellcos only -Uso safe vrork p(aEffcos •Usostandardtroatinonts' Aba(a aii appiicabto •on load-basad paint suriacas. on toad-based pdfnt'surrades. on all sort,- surfaces Needs Housing may be subject fo(he requirements of Subpart J,M,or it depending on(tie nature of Ilia activity undertaken. Holdover,since most spcclnf needs involves acqufsftlon,leasing,support services,and operations,for the purposes of this table,it has been placed in this column. �f4 M, ^7 C) �o • ,t 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 sale work practices Sale work practices used when on all sup paces being disturbed. working on areas identified as lead- based paint. Clearance performed on work site. APPROACH 2. IDENYIFYAND STABIUZE•DETERIOf2ATED PAINT. - Lead Hazard Evaluation Lead Hazard Reduction Options Visual assessment performed to Paint stabilization of identified Perform paint testing on ' .identify deteriorated paint. deteriorated paint. deteriorated paint. Safe work Safe work practices used. practice requirements only apply to lead-based paint. Clearance per,'ormed unit-vide. .APPROACH-3. IDENTIFY AND C014ROL•LEAD HAZARDS ; Lead Hazard Evaluation Lead Hazard Reduction Options Paint testing performed on surfaces Interim controls per"ormed on Presune lead based paint and/or to be distuted. idenCr ed hazards. lead based paint hazards are Risk assessment performed on Safe work practices used. Present and per"o��standard treatments. en5re dwelling. Clearance performed un7t-YAde. APPROACH'4. IDENTIFY Al b1 'AWE LEAD HAZARDS ' LenUredwelling. azard Evaluation Lead Hazard Reduedon Options performed on surfaces abatement performed on identified Presume lead-based palntandlor disturbed; hazards. lead-based pain/hazards 22 ment performed on Interim controls performed on present and periomt abatement on all applicable sur'aces-= identified hazards on the exterior that d nor =d impact,friction, cteld t are not disturbed by rehabilitation. chewable sur,'aces,and surfaces.to Safe work praetices used. be disturo--d. Clearance performed unit-tinde. I?li_ �ijlLlj(�➢ ��a 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-4)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 condiSons include deteriorated lead-based paint;fiction,Impact or chevrable painted surfa„es,lead-contaminated dust;or lead- contaminated soil. LEAD HAZARD EVALUATION %''isual assessment:A visual evaluation of interior and exterior painted surfaces to identify specnc conditions that contribute to lead-based paint hazards. The assessment is performed by a certified risk assessor or Housing Qbality Standards(HQS) -inspector trained in visual assessment. Paint Testing:Testing of specific surfaces,by XRF(x-ray fluorescence)or lab analysis,to determine the lead content of these surfaces,performed by a certified lead-based paint inspector or certified risk assessor. Risk Assessment:A comprehensive evaluation for lead-based paint hazards that includes paint testing, dust and soil sampling, and a visual evaluation.The risk assessment report idem;ties lead hazards and appropriate lead hazard reduction m-ethods. A cer`ffied risk assessor must conduct the assessment. Lead Hazard Screen:A limited risk assessment activity that can be perormed instead of a risk assessment in units that meet certain criteria(e.g.good condition). The screen must be pe,Formed by a cep�ified risk assessor. if the unit fails the lead hazard screen,a full risk assessment must be performed. Clearance Examination:Clearance is performed after hazard reduction,rehabilitation or maintsnance act'rvWes to determine 11� ' a unit is safe for occupancy. It involves a visual assessment,analysis of dust and soil samples,and preps,Ghon of report.A certified risk assessor,paint inspector,or clearance technician(independent from entitytndividual conducting paint stabilization or hazard reduction)conducts cleaance. 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 vrorikers using safe work practices. Follow-up monitoring is needed. Standard Treatments: A complete set of interim control methods that when used together temporarily control all potential lead hazards in a unit.Because they address all conditions,a risk assessment or other evaluation is not needed.Standard t eatments must be completed by qualified workers using safe worlk practices. As vnu-r interim controls,folloyrr-up monitoring is needed. Abatement: Measures to permanently control lead-based paint or lead-based paint hazards. ':�I�I�II'� 61�►� 112P,55 ED c �k-F-mg VEX. LEAD POISONING Environmental Intervention Blood Lead Level:The level of lead in blood that requires intervention in a child under age s'a. This is defined as a blood lead level of 20 Ng/dL(micrograms•per deciliter)of whole blood or above for a single test,or blood lead levels of 15-19 pg/dL in two tests taken at least three months apart. LEAD-BASED PAINT-KEY UNITS OF•MEASUREMENT pg (Microgram):A microgram is 111000"of a milligrm(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 b-to million pikes. t=t' (Square foot): One square foot is equal to an area that has a length of one foot(12 inches)and a vridth of one foot(12 inches). pg/dL: Micrograms per deciliter,used to measure the level of lead in child'ren's blood to establish whet'ner intervention is needed. A deciliter is a little less than half a cup. As noted above,a microgram is the same weight as one part of a penny divided into hero million pets. pg/gram: Micrograms per gram of sample,equivalent to parts per million(ppm)by hreight. Ng/ft2:Micrograms per square feet is the measurement used to measure levels of lead in dust and soil samples.The clearance report should have the results listed in pghC-(micrograms per square foot). mglcm2: Milligrams per square centimeter,used for paint by XRF machines. percent: Percent by vieioht,used usually for lead-based paint(1 percent=10,000µglgram) ppm: Paris per million by weight,equivalent to}+g/gram•(10,000 ppm= 1 percent). LEAD-BASED PAINT STANDARDS Paint--Definition of Lead-Based Paint. Paint that contains at least: ➢ i milligram per centimeters square(mglcm�of lead; A 0.5 percent lead;or ➢ 5,000 parts per million(ppm)lead by dry weight. Dust Thresholds for Lea d•Contamination(Risk Ass essment/Clearance) Floors 40 palftz D Interior vr:ndowsills 250 pi2 ➢ Window troughs(Clearance only) 800 Pgh= Soil;Thresholds for Soil Contamination > May areas used by children under age 6 400 lAglgram > Omer areas 2,000 LLglgram Attachment 5—SUMMARY OF MAJOR REGULATION CHANGES BY ACTIVITY TABLE 1: REHABILITATION ACTIVITIES CURRENT REQUIREMENTS NEW REQUIREMENTS (All activities) <$50001unit $5000-$25,000/unit >$25,0001unit Applicability Applicability Under the current regulation,the lead-based paint The neer regulation outlines lead-based paint requirements specifically for requirements for rehabilitation are the same as those Federally funded rehabilitation work. These requirements apply to HUD for oCner activities. Each CPD program has its ovn programs that provide assistance for reh2b-bitation,including CPD-funded lead-based paint regulations. rehabilitation activities. Lead-based paint requirements are similar across The lead-based paint requirements for rehabilita`ion work.as described in tin s CPD programs(most simply refer to 24 CFR 35).The past of Gie regulation,are tie same repardiess of be source of program HOME program has the most extensive guidance on funding,but they diner based on the level of funding to 2 property. requirements. CD3G applies lead requirements only to rehabilitation activities. Notification Notification Occupants,owner occupants,and purchasers of Same as current requiremenL assisted properties must receive notification of the The new regulation also requires vairen nodce to occupants informing Ltiem of potential presence and hazards of lead-based paint. lead hazard evaluation or reduction activities. Notification is achieved through the distribution of the EPAMUDICPSC lead-based paint hazard lnforma!on pamphlet. Ari properly owners(booth subsidized and market rate) nust disclose available information about the presence of lead-based palnt and provide prospective buyersloccupants with any existing documentation on knovirl lead-based paini hazards in the dvrelling unt ��sual Inspection Paint Testing Paint Testing and Risk Assessment Visual inspections must be perform ed on propectas Painted surra es liatvall Rehabilitation css:stance creator than S5000 per construd%ed Pdor to IS7S to identify defective paint be disturbed duringunit requires a Mater level of lead hazard surfaces. rehabilitation must bre evaluation. tested for lead-based paint Testing—Test surfaces that will be paint,unless a surface is disturbed by the rehabilitation for toad-based assumed to contain lead- paint. For suela:,es assumed to contain lead- based paint. based paint,lesling is not required. • P,isk Assessment—An assessment of? dvrell';n-to check for he presence oflead.- based paint hazards.It includes a visual - assessment of dust,soil,and paint and a written repor`,of the results. • Option for une.s receiving assistance between S5,000 and S25,000-The cranle- may assume that lead-based paint and lead hazards are present,forego the paint le.sting and risk a--sassmeat,and conduct standard team ants. • Option for units receiving more than $25,000—Tie grantee may assume that lezd- based p2ir:t ehd lead hazards are present, foreco paint!:sting and rsk essessm=_nt,and abate ell painter surfaces disturbed during rehab i ita�or,be-',are presumed to ha•+e lead based paint aid all pr sumed hazards. r (31urr e) ':; � a Ry N � P) C SUMMARY OF MAJOR REGULATION CHANGES BY ACTIVITY TABLE 9: REHABILITATION ACTIVITIES (Continued) - CURRENT REQUIREMENTS NEW REQUIREMENTS (All activities) <$50001unit $5000•$25,0001unft >$25,0001unit Treatment Paint Repair Lead Hazard Abatement Any defective painl surfaces must be safely treated Repair surfaces that are Reduction Any lead-based paint during rehabilitation. Under the current regulations, disturbed by Any lead-based paint hazards found in units this requires removal or covering of tie defective rehabilitation in a safe hazards found during and common areas surface. manner. tine d,sk assessment must be controiled must be controlled usino abatement using controls of methods. abatement methods. Lead-based paint Stand2rd treatments hazards on exterior must be performed sur'aces that are not :hen no evaluation is disturbed during conducted and tine rehabilitation mus;be presence of lead-based controlled using either paint hazards is intedrn controls or assum=d, abatement Safe Work Practices Safe Work Practices current regulations establish some provisions Rehabilitation work that disturbs surfaces knovm or assumed to contain lead- regarding safe and prohibited methods for work. based paint must be peror,n d using safe%York practices. Safe work practices are not required for woes that disturbs surace s below de minimis levels. The new reculation establishes more extensive requirements for safe woek pmcliws,including an updated list o,,prohibited methods. There are additional safety precautions for occupant pro;ec'Jon,% oilksite preparation,and cieanup activiLes. Clearance Clearance Not required. Once hazard reductie:i ti:ora:is corrp!eled,a clearance examination must be pedormed by a ce},iied professional to ensure thal no lead-based paint hazards remain.Clearance is required for all cat—ories of rehabilitation activities. For rehabilitation assistance L5,000 per unit,clearance is required only for the wor'r:sits. For rehabilitation assistance>S5,000 per unit,clearancb is required for Che unit,common areas,and e4erior areas where rehabilitation toot 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 repor- Ongoing ldaintenance and hlonitoring Ongoing WIntenance None required. Ovmers of rental prorertes race%ing rehabi!i1a5on assistance through the HOtAE program must inco pora`•.e oncoing lead rased paint maintenance acti•�5es into regular building cperOions. •EBL Requirements Environmental Intervention Blood Lead Le-rel Requirements If an ESL child is identified,chevrable surfaces must The new regulation does no:require action by grantees when z child ti�ntin an be tested for lead-based paint and treated as environmental intervention blood lead levet is found lq luring in a unit fiat has necessary, received rehabilitation assistance. r�p ^ TABLE 2: TENANT-BASED RENTAL ASSISTANCE ACTIVITIES CURRENT REQUIREMENTS I NEVI REQUIREMENTS Applicability A.ppiicabil'rty Under the curent regulation,the lead-based painl requirements for The nevr regulation outlines lead-based paint requirements specifically for tenant-based rental assis!ance activities are the same as those for other Federally funded tenant-based renta?assistance work. These requirements program acdvfties. Ezch CPD program has its own lead-based paint apply to HUD programs that•pfovide essista::ce for tenan,-based rental r u{ation. assistance,including CPD-Nnded tenant-based rental assistance aclivit,es. Lead-based paint requirements are similar across CPO progrm5(most ser,ply refer to 24 CFR 35).The general rcquirernenis that apply to all 1'nese programs are described below. 7on t receive a noffication a':oul th'e pot,enlial presence and Sa re 2s CURen,requtremen,. -based paint. Notification can be achieved through the The nevr regulation also requires Y.ri;en notice to ccoupants intorm'Ing tie?cfe EPrVr,UDr'CPSC Lead-based paint hazard in'ona;ion lead hazard oval iafian or re?uct'on a:dvitiEs. All property owners(both subsidized and market,rate)must d-isclose available information about the presence of lead-based paint and provide prospective buyersloccupants with any existing docume:itatuon o'known lead-based paint hazards in the d'rvelling unit. Visual Inspection Visual Assessment Units cccupied by families Yribti children under age seven must ire Under the nevr regulation,units cccup=d by fan.Pies wt,h children under ace six v'sualty inspected for defective paint surface prior to ccccupancy and on mus;be inspected for de!edora!ed pair.,ss lacers.A visual assessment is a an ongoing basis. visual search for cracking,scaling, !in^y,or chipping paint. Treatment Paint Stabiliza bon I Defective paint surfaces must be safe!y treated within 30 days of the At!G'zle1Or2ted paint sudarcs in adw•al,nc must underco paint stabiliza'tic 1. inspection eiiher by covering btia surface wlu` permanent wail covering Paint stebl'Iizalion is similar t0 the treaim:r'i 2ci:viiie;require under cum.eat (such as wall;oard)or by s7 aping and repenting Cia surface. re_;;la!ions. However,add;i� ' - _ � p e � te-'t ce tie ��'ai sz•- :cs mss.be ir.' 1 m_r,�,,,, o r�:,r:�- r's cf creating leaded Safe Work Practices Safe 1'lork Practices Current regulaations es,ab;ish sOrile pmvislo'as regarding safe and Palnt slabiliza,io'n must b-2 pfmor'�1---!usno safe work p:&:i ces. The rt,=N prohibited me'Mds for work. ra-o*ajon has more ex,ensive for We wort pradcas, n 1rw R•_tL� C' updateJ list of prOhibltJ rail:nods. T'r:e:e a:&2ddiJOna!Safety p r_�cJJCi'S fOf occupant protea ion,worksiie preparation,and daanup activid s. Clearance Clearance Plot wired. Ate:pal'nt stabilization,a clearance Exa�.ilc iGn Ctust peomd by 2 �,rrif£'d'professional to ensure t•Jc a.1 r:;:i: wo'A w2s dons and no IeZJ- tase paint hazards remain. Cie?rari,--in.YolYes a v-:ua!assessment a::d 61St lestiag Z„er cleanup is complete. jOngoing Maintenance and Monitoring Ongoing Maintenance None required. Osnas of all tenant-based rental ass:s!a:tice paFerties must incorporate _ ongoing lead-based paint tnal:'ienznce ctiYlb'es into reoula.Wilding cr:'—e'Mas. EEL Requirements Envircn'nen !Intervention Blood Lend Leve{Reauiremenu s If an EEL child is 1dentiay;chew2bla surfaces must�tested. t<lead- t child vrnth an enviro'nmertal inlarventlen biccd lead level is iden�aed,tee 4 base paint is present,the surfaces must be abated. cv'T'er must complete a rsX asss-ssrneret of Che d,�sging u nit where the ei d i re5td'S'SI-VU 15 Calendar days and C euet into:'m controls&rebate.^-it mithin t,5 calendar days of risk assess x.eat to control Ci_idenC;'e lez-4- The grant2-2 mist communicaate Y4�:$::. and local health agencies t' and receive•rdenacation info', ation a�0u,cbi!dren with a iironmentai Il,ef fent,On blC•Jd lead levels.QuEne.11.Cra:'t:S mus,m'a'ch inform Cas 4 environmental intervention blcol lead le,a!ass Yribti names and !d,css w of fan,i;ies revei•ring Federal assistance. f TABLE 3: ACQUISITION, LEASING, SUPPORT SERVICES, AND . OPERATIONS ACMITIES CURRENT REQUIREMERTS NEW REQUIREMENTS Applicability Applicability Under llme current regulation,the lead-based paint requirements for Tie new regulation outlines lead based pzint requirements sp-ecifically for acquisition,laasing,support services,and operations activities are the Federally forded acquisition,leasing,support services,end operations vioric. same as those for other program 2c,•tivilies. Each CPD prcgrani has These requirements apply to HUD prcotzms th—at provide assistance for its 0r1-11 le2d-based paint regulation. ecquisiLon,leasing,support se:ricEz,and operations ed.vities,ricludng CFD- Lead-baser'paint requirements are sinilar a;cess CPD programs furdd azquisition,teasing,suppo i s:rvices,and operations edvides. (rest simply refer to 24 CFR 35).However,the HOME prograrn has the most extensive guidance on requirertents,but it driers from oL`;er prgrams by specifying activities that are exempt. The general ra~uirements that apply to all these programs are described below. tr'oUlication 110111calon Purchasers and occupants of properties constructed prior to 1978 Same as current requirement. must receive a no'ification about the potentia!presence and hazards The nevi reculation also requires vi-.i;te:►noviceto caupanls infom.*ng Ltie.�r of of lead-based paint. This can be achieved through the distribution of lead hazard evaluation or reduction 2c ivities. the EPAMUD/CPSC lead-based paint hazard information pamphlet. V All pcope4, owners(loth subsidized 2nd Mexel rate)must disciose available information aboutt the preserce•of lead-based pain;and provide prospective buyersleccupants with any existing docurnertation on kno•vn lead-based paint hazards In Ltie dwelling unit. Visual Inspedon Visual Assessment Prcp_r5es constructed prior to 1978 must be visually inspected for Unde:the new regu!2tion,ins icrs for de!e;ioraled paint sc:fa^es a:e defective pain"surfaces. require,'',in properties constructpd-,,i to 1978. A v1sua!ass_ssTera is a visual search for craokine,s z!i p:-efing,or chipping paint. Treatment paint Stabil_ation Defective pent surfaces must be saely treater!either by=,wing the At!dels.iorted paint surfaces r:usl undo jgo p2!nl stabitzaticn. Paint Suchard vnth pennarient wall wieing(such as wa!ibo2rd)or by st&lizat?on is sirnll2r to the trea'n•,ent acCiA6es required under cur,an soaping and repainting the surtace. rs:u!atiens However,additicrta!safeguards must be Lrnplemented to reduce t e risk of NAed dust. bele Work Practices Safe Work Practices Curenl regula'•ions establish some provisions regarding safe and Paint stzbiEzation must be F oneJ using sale work praeces. The rex p-xhr 1l%-:d meLhrds for world, r-3ulat:on has more exttens;ye requirements for sale work p:actices,irdudlin en upda,ed Iasi Of prohibited methods. T here are er'dilonai sa.8if praczulons for cccupant pot-lion,wo(ksi"2 preparation,and deanup i::uv?jes. Clearance Clearance Not required.• Ager p2inl stabilization,a dearan—_examination must bee=r'on�d by a certified professional to ensure that alt required woek was done end!no lee.,; based paint hazards remain. Clear areae involves a visual assessment and dus' testing z ter cleanup is complete. Ongoing Maintenance end Monitoring Ongoing Mainlenance Prone required. Gres or acquisition,lensing,s�rUzrt se^r:ces,and op`salions 2eti r'� must incorporate ongoing lead-5ased paint ma nterardp a vitt;w into ru'•z building cperations. EEL Requirements Environmental Intervention Blood Lead Level Requirement l;an EBLdilld is ideaV..rd,chewabla surfaces must be tested for The nevi reguia!Jon does no require ad tion by gt2nts s when a chid v,'M- 2a lead-based paint and treated as ne:;essary, environmental intervention blood i2cd level is found to be fi,irrt t• g in a taat has r i red 2 uisiEon,leasing•sug;Draft servrcEs,orcpe 5c Ss 2ssislanw. l:" ''j;�j�;v,i"�ifllp tlt77lt11 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 Cityis 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. 5 . 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 last of M/WBEs is five or less, the bidder must contact the entire list to be in compliance with 10. 4 and 10 . 5 . if a Bic code list of M/WBEs is more than five, the bidder rust contact at least two-thirds of the list but not .. less than five to be in compliance with 10. 4 and . . 10. 5 . ' Note: Bidders who continuously list the same M/WBEs when contact has previously been unsuccessful as result of disconnected numbers or returned mail, will not be deemed in compliance with the Good Faith Effort requirements. 11 . "Joint Venture" means an association of two or more persons or businesses to carry out a single business enterprise for profit for which purpose they combine their property, capital, skills , knowledge and management in an agreed to proportionate share . 12 . "Marketplace" means the geographic market area represented by the Fort Worth/ Dallas Consolidated Metropolitan Statistical Area. 13 . "Hinority" means a citizen of the United. States or lawfully admitted permanent resident who is Asian-American, American Indian, Black or Hispanic. 14 . "Minority Business Enterprise" is defined as a qualified business concern located in the Marketplace or doing business in the Marketplace at the time of bid opening or during negotiations related to proposals meeting the following criteria: a. which is at least 51 percent owned by one or more minority persons, or, in the case of any publicly owned business, at least 51 percent of the stock is owned by one or more minority persons; and b. whose management and daily business operations are controlled by one or more minority persons who own it; and C. meeting the size standards set forth by SBA.' 15. "Procurement" means the buying, renting, leasing or otherwise obtaining or acquiring any supplies, materials, equipment or services. 16 . "Prof essional Services" means services which require predominantly mental or intellectual labor and skills, includes, but is not necessarily• limited to, architects, ' engineers, surveyors, doctors, attorneys, and accountants. 17 . "Project Manager" see Contract Officer. 18 . "Purcbasing" means the buying, renting, leasing br otherwise obtaining or acquiring any supplies, materials, equipment or services excluding construction and professional services previously defined. 19 . "Qualified' means an individual or business entity having previously performed or received training in the work, industry or profession required. �(�}� 20 . "Size Standard" is the average annual gross rece company and its affiliates for the previous thr 'ft '� years which must not exceed the amounts as defi ec ;" , United States Small Business Administration's (SB industry classification (sic) codes. These codes are outlined in the most recent edition of SBA 49 CBR 23 . 62, Appendix B and 13 CFR 121. 401-407 and 601. 21. "subcontract' means an agreement between the contractor and another business entity for the performance of work. 22 . "Women Business Enterprise" is defined as a qualified business concern located in the Marketplace or doing business in the Marketplace at the time of competitive bid opening or during negotiations related to proposals meeting the following criteria: a. which • is at least 51 percent owned by one or pore women, or, in the case of any publicly owned business, at least 51 percent of the stock is owned by one or more women; and b. whose management and daily business operations are controlled by one or more women who own it. C. meeting the size standards set forth by SBA. 11 . PROGRAM GOALS . (A) City-wide goals for the utilization of minority business enterprises (MBE) and women business enterprises (WBE) shall be reviewed and approved annually by the City Council. (1) The City Manager shall, on or before October 31 of each year, beginning October 31, 1996, conduct an analysis of the availability of MBEs and WBEs and present to the City Council an annual report on MBE and WBE availability and utilization. Based on the availability of MBE/MBEs in the Marketplace and the City' s most recent goals attainment and with the advice and counsel of the DBEAC, the City Manager shall recommend to the City Council reasonable goals for the remainder of the current fiscal year. (2) _These goals shall be expressed in terms of percentages of the total dollar value of all contracts to be awarded by the City, and shall be established separately for categories of construction, professional services, and purchasing as well as any other categories that the City Council or City Manager deem appropriate. (B) Individual project goals shall be set by the 2•i/WBE Office in collaboration with the Contract officer and Risk Management (where appropriate) prior to solicitation. These project goals shall be reasonable and shall be based upon: (1) Specific subcontracting and/or materials oppor•'-unities required to complete the project, and (2) The availability of MBE/WBE in the identified subcontracting and/or materials opportunities in the Marketplace. (C) MBE/WBE participation shall be counted toward meeting rIBE and WBE goals in accordance with the following provisions: (1) For the purpose of determining compliance 'with the goals requirements established in this ordinance, businesses will be counted as MBE and WBE only when they have been certified as such prior to award of the bid or proposal. (2) Any business(es) . listed by an offeror which is not certified prior to award of bid/proposal will have that amount of participation deducted from the total MBE/WBE utilization in order to determine the offeror's responsiveness. it the responsibility of the offeror to secure additional certified or certifiable MBE/WBE participation before responsiveness to this ordinance is determined. (3) The offeror may count toward its MTBE or WBE goals first and second tier MBE and WBE subcontractors and/or suppliers. (4) The offeror will be given credit toward the 11BE/WBE contract goal only . when the MBE or WBE performs a. commercially useful function. An MBE or WBE is considered to have performed a commercially useful function when: a) it is responsible for the execution of a distinct- element istinctelement of . the work by actually performing, managing and supervising the work involved in accordance with normal business practice; and b) the firm receives due compensation as, agi-eed upon for the work performed. (5) Regardless ' of whether an arrangement between the contractor and the MBE/WBE represents standard industry practice, if the arrangement erodes the ownership, control or independence of the t•SBE/WBE or does not meet the commercially useful function requirement, the offeror shall receive no credit toward the goals. (6) An offeror may count toward its IIBE or WBE goal 'a .portion of the total dollar value of a contract with a joint venture equal to the percentage of MBE or WBE participa- tion in the joint venture. The MBE or WBE involve ,_ 144 -i the joint venture must be responsible for a clear'ly''- G= �UMa defined portion of the work to be performed, equa to share in the ownership, control, knowledge, management, responsibility, risks, and profits of the joint-venture. (7) Except for joint ventures, all prime contractors, whether same be . majority firms, MBE or WBE, shall comply with this ordinance in order. to be considered responsive. (8) The bidder may not count toward the goal any agreements with MBE or WBE that are not located within the Marketplace or otherwise do not meet the guidelines as set forth in this section. - 3:11. MBE AND WBE UTILIZATION REQUIREHENTS (A) In addition to the requirements set forth elsewhere, bid conditions and requests for proposals shall include a statement of both MBE and WBE goals established for the project. (B) F3;.d conditions, requests for proposals, and all- other specifications for contracts to be awarded by the City shall require that offerors make a good faith effort to subcontract with or purchase supplies from MBE and WBE. Such specifications shall require the offeror to meet or exceed the stated goals or submit documentation of GFE for all contracts of $25, 000 or more to permit a determination of compliance with the specifications or requests for proposals. (C) Construction and Professional Services contracts and such . other contracts which may be competed for under sealed proposal procedures (estimated cost of $25 , 000 or more) and Purchasing contracts (estimated cost of $15 , 000 or more) shall be awarded and administered in accordance with the following .standards and procedures: (1) _Competitive bids shall include the MBE and WBE specifications in the bid specifications. MBE and WBE • specifications consist of the SPECIAL INSTRUCTIONS TO BIDDERS, AFFIDAVIT STATEMENT, MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FOR24 and the GOOD FAITH EFFORT FORM. (a) The AFFIDAVIT S'T'ATEMENT shall be submitted with the bid on the bid opening date. (b) The MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM shall be submitted to the contracting department"no later than 5:00 p.m. , five (5) City business days after bid opening date. (c) An offeror that equals or exceeds the MBE and WBE project goals, shall submit the MBE/WBE UTILIZATION FORM. (d) The PRIME CONTRACTOR WAIVER FORM shall be submitted with any bid that indludes no subcontracting and/supplier opportunities. if substantial subcontracting and/or substantial supplier opportunities arise in the performance of a contract awarded in reliance on the PRIME CONTRACTOR WAIVER FORM, the contractor shall notify the City before subcontracts for work and/or supplies are let and the contractor shall comply with the requirements of this ordinance. (e) GOOD FAITH DOCUMENTATION, including the GOOD FAITH EFFORT FORM, shall be submitted with any bid and/or proposal that fails to include MBE/WBE • participation that equals or exceeds the MBE/WBE project goals. (f) The submission of the applicable completed form(s) within the allotted tine will be considered when determining the responsiveness of the bid. Failure to comply with the bid specifications , inclusive of the MBE and WBE- specifications, shall render the bid non-responsive. (2) Other than responses to Requests for Proposals for those professional services defined in Chapter 2254 of the Texas Government Code, responses to Requests for Proposals shall include a section which identifies the particular MBEs and/or WBEs to be utilized in performing the contract. (a) Specify as to MBEs and WBEs, the estimated percentage of the MBE and WBE participation, the type of work to be performed by the MBE or WBE, and such other information as may reasonably be required "to determine the responsiveness to the Request for Proposal . (b) Responses that do not meet or exceed the IABE and WBE utilization goals, as required by the request for proposal, must submit a GFE explanation. Failure to include such GFE explanation shall render the response non-responsive. -� (3) Initial responses to requests for proposalsFn �� professional services defined in Chapter, 225Texas Government Code shall not include a rethe requirements of this ordinance, The C ' -13- comply with the requirements of said Chapter and rank the professional on the basis of demonstrated competence and qualifications. During negotiating the contract with the highest ranked professional, the professional shall respond to this ordinance in the manner specified in paragraph 2 (a) above . (4) The GOOD FAITH EFFORT documentation shall demonstrate the Offeror's commitment and honest efforts to utilize MBE and WBE. The burden of preparing and submitting the GFE information is on the Offeror and will be evaluated as part of the responsiveness to the bid or appropriate proposal. Any willful misrepresentation of facts on the documentation submitted will constitute a basis for classification as non-responsive and possible debarment. (5) The contracting department may request the MBE/WBE Office to waive the goal requirements of^ this subsection, or to reduce the amount of the goals, for either or both MBE/WBE, in accordance with the provisions of the Exceptions and Waivers section. (D) The City Manager, with the advice and counsel of. the DBEAC in accord with City of Fort Worth Resolution No. 1148 , shall adopt regulations governing the purchase of goods and services under $15, 000. (E) In addition to such other requirements as may be set forth elsewhere, the following shall apply to construction, profes- sional service, discretionary service, - and applicable purchasing contracts awarded by the City.- (1) ity:(1) Contracts shall incorporate this ordinance by reference, and shall provide that the failure of any bidder, contractor or subcontractor to comply with this ordinance shall be a material breach of contract. (2) - During the term of any .contract, any proposed change or . deletion in MBE/WBE participation identif ied .in the bid, proposal or contract shall be reviewed by' the MBE/WBE Office to determine whether such change or deletion is justified in accord with the immediate following two (2) paragraphs. Any unjustified change or deletion shall be a material breach of the contract. (3) Contracts shall require that during the tern of the contract, the contractor shall : (a) Make no unjustified changes or deletions in its MBE and VIBE participation commitments submitted with the bids, proposals or during negotiations; ti��J�,G�b,��a (b) If substantial subcontracting and/or substantial supplier opportunities arise during the term of any contract that the contractor represented to, the City that the contractor alone would perform required by the contract, the contractor shall notify the city before subcontracts for work and/or supplies are let and shall be required to comply with the provisions of this ordinance; and (c) Maintain records reasonably necessary for nonitor- ing their' compliance with the provisions of this ordinance. (4) The contractor shall submit to the MBE/WBE ,Office for. approval a REQUEST FOR APPROVAL OF C}LkNGE FORM if , during the term of any contract, a contractor wishes to change or delete one or more MBE and/or WBE subcontractor(s) . (a) Within three (3) business days after receipt by the MBE/WBE Office, the Request shall be reviewed. The Request shall be approved if the change or .deletions is justified. The following shall constitute justification for the requested change or deletion: (1) an MBE or WBE's failure to provide workers' compensation insurance evidence as required by state law; or (2) an MBE or WBE's failure to provide evidence of general liability or other insurance under the same or similar terms as contained in the contract documents with limits of coverage no greater than the lower of 1) the limits required of the contractor by -the City; or 2) the limits contained in the contractor's standard subcontract or supply agreements .used on other projects of similar size' and scope . and within the contractor' s normal- business practice with non MBE or WBE subcontractor's or suppliers; or (3) an MBE or WBE's failure to execute the _ contractor's standard subcontract form in the amount of the bid, if entering a subcontract is required by the contractor in its, normal course of business; or (4) an MBE or MBE's default in the performance of the executed subcontract; and Irpl; Cf5G�a �. -15- n 1Y -U.%y UEL V. PROGRAM ADMINISTRATION (A) The .City Manager, with the advice and counsel of the DBEAC in accord with City of Fort Worth Resolution No. 1148, is authorized to establish and implement the regulations set 'forth in this ordinance. The 'MBE/WBE office shall be responsible for the overall administration of the City's MBE and WBE Program, and its duties and responsibilities shall include: (1) Recommending rules and regulations to effectuate this ordinance; (2) Maintaining a current listing of certified WBE and MBE for distribution internally and externally on contracts; (3) Providing information and needed assistance to MBE and WBE to increase their ability to compete effectively for the award of City contracts; . (4) Investigating alleged violations of this ordinance and making written recommendations to appropriate City authorities for remedial action when appropriate; (5) Developing and distributing all necessary forms, applica- tions, and documents necessary to comply with this ordinance; (6) Reviewing, on a regular basis, the progress of depart- ments toward achieving the category goals for the utilization of minority and women's business enterprises; (7) Making recommendations to appropriate City staff regarding methods to further the policies and goals of this ordinance; (8) Determining MBE/WBE compliance on contracts before they .are submitted to the City Council for award; (9) Maintaining accurate contract performance reporting system; and (10) Compiling a report reflecting the progress in attaining the City' s annual goals; quarterly and annually. (B) It shall be the responsibility of the contracting department to ensure that bids or proposals emanating from the department adhere to the procedures and provisions set forth in this ordinance . (1) The department director or designee shall assume primary responsibility for achieving the goals of this pro- ra �� i G�t����Q� -1fi- `9 FITl �5�°�G� and shall review, on a continuing basis, all: aspects of the prograra's operations to assure that the purpose is being attained. (2) The contracting department shall take the following action to ensure that MBEs and WBEs have the maxinum opportunity to participate on City contracts: (a) The advertisements for formal bids required to be advertised according to statute shall appear in .minority and women-targeted media, no less than 30 days before bids are due for specific contracting opportunities; (b) A written notification shall be sent to minority and women trade associations, contractor's associations, , and minority and women chambers of commerce about the availability of formally advertised contracting opportunities no less than 30 days before bids are due; (c) All contract solicitat`-l.ons shall include the MBE and VIBE policy; (d) All contracting opportunities shall be evaluated in an effort to divide the total requirements of a contract to provide reasonable opportunities for MBE and WBE; (e) For construction contracts, establish procedures to ensure that all contractors submitting correct• invoices are paid twice a ronth and that subcontractors are, paid , in accord with the subcontract within five (5) business days after receipt of payment; a contractor's failure to make payments within five (5) business days shall. authorize the City to withhold future payments from ' the contractor until compliance with this ordinance is attained. (f) Establish guidelines to ensure that a notice to proceed is not issued until signed letters of intent or executed agreements with the I-IBE and WBE have been submitted; (g) Ensure that all 'required statistics and documenta- tion are submitted to the MBE/WBE office as requested; and (h) If circumstances prevent the contracting department from meeting, the thirty--day advertising and notifi- cation requirements, the contracting shall perform extensive outreach to MBE and WBE associations or other relevant organizations to inform them of the contracting opportunity. VI. CERTIFICATION The City will recognize MBE and WBE that are certified by the Texas Department of Transportation (TxDOT) , highway division, or the North Central Texas Regional Certification Agency (NCTRCA) . VIT. CONTRACT MONITORING, REPORTING, AND COMPLIKNCE (A) The MBE/WBE Office shall monitor compliance with these requirements during the term of the contract. •If it is determined that there is cause to believe that a contractor or subcontractor has failed to 'comply with any of the require- ments of this ordinance, or the contract provisions pertaining to MBE and WBE utilization, the MBE/WBE office -shall notify the contracting department and the contractor. The MBE/WBE Office shall attempt to resolve the noncompliance through conciliation. If the noncompliance cannot be resolved, the Coordinator and the contracting department shall submit written recommendations to the City Manager or designee, and if the City Manager concurs with the findings, sanctions shall be imposed as stated in ordinance. (B) Whenever the MBE/WBE Off ice finds, after investigation, that a contracting department has failed to comply with the provisions of this ordinance, a written finding specifying the nature of the noncompliance shall be transmitted to. the contracting department, and the MBEJkIBE Office shall attempt to resolve any noncompliance through conference . and conciliation. Should such attempt fail to resolve, the noncompliance, the Coordinator shall transmit a copy of the findings of noncompliance, with a statement that conciliation was attempted and failed, to the City Manager who shall take appropriate action to secure compliance. (C) The MBE/WBE Office may require such reports, information, and documentation f rom contractors, bidders, contracting agencies, and the head of any department, division, or office of the City of Fort Worth, as are reasonably necessary to determine compliance with the requirements, within ten (zo) days after the notice of noncompliance. (D) Contracting departments shall maintain accurate records for each contract awarded, including dollar value, the nature of the goods or services to be provided, the name of the contrac- tor awarded the contract, the efforts it employed to solicit bids from MBE and WBE, identifying for each its dol a^ o the nature of the goods or services provided, and the name of the subcontractor. (E) The City Manager, with the advice and counsel of the DBEAC in accord with City of Fort Worth Resolution. No. 1148 , shall submit an annual report to the City Council on the progress of the City toward the utilization goals established by this ordinance, together with an identification of problems and specific recommendations for improving the City's performance. Vill. DEBARMENT (A) The misrepresentation of ' facts (other than a negligent misrepresentation) and/or the commission of fraud by an .offeror will result in the offeror being determined to be an irresponsible offeror and barred from participating in City work for a period of time of. not less , than three (3) . years. (B) The MBE/WBE Office will send a written statement of facts and a recommendation for debarment to the City Manager. The City Manager, after consultation with the Department of Law, will make the decision regarding debarment and send a certified notice to the Offeror. (C) An offeror that receives notification of debarment nay appeal to an Appeal Board, hereinafter created, by giving written notice within ten (10) days from the date of receipt of the debarment notice, to the City Manager of its request for appeal. (D) An Appeal Board, consisting of not less than three members appointed by the City Manager with the approval of the City Council, will meet within thirty (30) days from the date of receipt of the request for appeal of debarment, unless Offeror requests an extension of time. The Offeror will be notified of the meeting time and location. (E) The Offeror will be afforded an opportunity to appear with Counsel if they so desire, . submit documentary evidence, and confront any person the City presents . (F) The Appeal Board will render its decision not more than thirty (30) days of the hearing and send a certified notice to the Offeror. (G) If the Appeal. Board upholds the original debarraent, the Offeror may appeal to the City Council within ten (10) days from the date of receipt of the Appeal. Board' s decision by giving written notice to the City Manager. -21- 3L��EV (H) The appeal will be placed on the City Council agenda within thirty '(30) days from receipt of written notice, unless Offeror requests an extension in writing. (1) From the date of notification of debarment and during the pendency of any appeal, the City will not consider offers from, .award contracts to, renew or otherwise extend contracts with, or contract directly or indirectly through subcontracts with the. Offeror pending the Appeal Board's decision. IX. SEVERABILITY If any provision of this attachment or ordinance, the application thereof to any person or circumstance is held. invalid for any reason in a court of competent jurisdiction, such invalidity shall not affect the other provisions of any other application of this attachment or ordinance which can be given effect without the invalid provision or appl:�cation, and to this end, all .the provisions of this attachment or ordinance are hereby declared to be, severable. -22- : ATTACHMENT 6 SPECIAL REQUIREMENTS FOR INSULAR AREAS 124 CFR 35,940) Insular areas are U.S.territories,including American Samoa,Guam,Mariana Islands,Micronesia, Republic of the Marshall Islands,Republic of Palau,Puerto Rico,and Virgin Islands. These areas face conditions that make it an unreasonable burden to meet some of the new lead-based paint rehabilitation requirements: Special provisions in the new regulation establish less stringent rehabilitation requirements for grantees in insular areas. Grantees must still meet the new requirements for tenant-based rental assistance and other program activities(e.g.acquisition,leasing,support service, and operations activities) that must be met by all grantees. Federal funding up to and including$5,000 per unit. There are no lead hazard evaluation requirements in insular area projects receiving this level of funding.However,the lead hazard reduction requirements are the same. Any paint disturbed during rehabilitation must be repaired,and safe work practices must be used during rehabilitation and the repair of disturbed paint. After the work is completed, the worksite must pass a clearance examination before occupants are allowed to return to areas where . work was performed. Federal funding over$5,000 per unit. Reduced lead hazard evaluation and reduction requirements are established-for projects in insular areas for.rehabilitat on 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.) Granters must conduct paint stabilization-on all deteriorated paint and all surfaces that will be disturbed during rehabilitation. (There are no interim controls or abatement requirements.) The dwelling units and common areas that service those units must pass a clearance examination before occupants are allowed to occupy rooms or spaces where paint stabilization took place. 03 (AT CSF aa Gly 12 Disclosure of Information on Lead-Based Paint and/or Lead-Based faint Hazards Lead Warning Statement Every purchaser of any Interest In residential real property on which a residential dwelling was built prior to 7978 is notifred that such property may present exposure to lead from lead-based paint that mayplaceyoung children at risk of developing lead poisoning. Lead poisoning In young children may produce permanent neurological damage, including learning disabilities, reduced Intelligence quotient, behavioral problems, and Impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any Interest In residential real property Is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase- 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). (ii) Seller has no knowledge of lead-based paint and/or lead-based paint hazards In the housing. (b) Records and reports available to the seller (check (i) or(it) below): (i) Seller has provided the purchaser with all available records and reports pertaining to lead- based paint and/or lead-based paint hazards in the housing(list documents below). (ii) Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Purchaser's Acknowledgment(initial) (c) Purchaser has received copies of all Information listed above. (d) Purchaser has received the pamphlet Protect Your Familyfrom Lead in Your Home. (e) Purchaser has (check (i) or (ii) below): (i) received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assess- ment or inspection for the presence of lead-based paint and/or lead-based paint hazards;or 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 Seiler Date Purchaser Date Purchaser affD F) Ac,ent Date Aaent lr ^ � o a $ , M �'�lo VJV� �fdU Dedarad6n de informad6n sabre Pintura a Base de Plomo y/o Peliaros de la Pintura a Base de Plomo Declarad6n sobre los Pellgros dei Plorno Se notlflca a todo comprador de cuolquler Inters en propledad real residential en la coal fue construlda una vlvlenda residendal antes del ano 1978,que dicha propledad puede presenter una exposicl6n a plomo de Ia pintura a base de plomo que podrla poner a ninos j6venes en situacl n de rlesgo de desarrollar envenenamlento de plomo. EI envenenamlento de plomo en nlnos J6venes puede producir danos neurol6gicos permanentes, Incluyendo Incapaddad para el oprendlzoje, coclente de lnteligencla reducido,pro blemas de comportamlen toy memorla danado. EI envenenamlento de piomo tamb)On representa un peligro especlal para las mu]eres embarazodas. El vendedor de cuotquierinterds en una propledad prlvada real residential tiene la obligad6n de proporcionarle of comprador foda la lnformaci6n que posea sobre los peligros de la pintura a base de plomo que se hayan deferminado en evoluadones o lnspecclones de rlesgo y de notifrcarle al comprador sobre cuolquier peligro que conozca dela pintura abase deplomo. Se recomlenda realizaruna evaluaci6n o lnspeccl6n de posibles peligros de la pintura a base de plomo antes de la compro. Declaraci6n del Vendedor (a) Presencia de pintura a base de plomo y/o peligros de pintura a base de plomo (marque(1) 6(ti)abajo): (i) Confirmado que hay pintura a base de plomo y/o peligro de pintura a base de plomo en la vlvlenda (explique). (ii) EI vendedor no tiene ningun conocimiento de que haya pintura a base de plomo y/o peligro de pintura a base de plomo en la vivienda. (b)Archivos a informes disponibles para el vendedor(marque (1) 6 (1i) abajo): (i) 0 vendedor le ha proporcionado ai 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 vlvlenda(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 vivienda. Acuse de Redbo del Comprador(initial) (c) EI comprador ha recibido copias de toda la informad6n Indicada arriba. (d) El comprador ha recibido el folleto titulado Proteja a Su Familia del Plomo en Su Casa. (e) El comprador ha (marque (i) 6 (ii) abajo): (i) recibido una oportunidad por 10 dias (o un perfodo de tiempo de mutuo acuerdo) para hater 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 hater una evaluaci6n o inspecci6n de riesgo de presencla de pintura a base de plomo o de peligros de pintura a base de plomo. Acuse de Recibo del Agente(initial) (f) EI agente le ha informado al vendedor de las obligaciones del vendedor de acuerdo con 42 U.S.C. 4852(d)y est6 consciente de su responsabilidad de asegurar su cumplimiento. Certificaci6n de Exactitud Las partes sigulentes han revisado la lnformad6n que aparece arriba y certifican que, segun su entender,toda la informaci6n que han proporcionado es verdadera y exacta. Vendedor Fecha Vendedor Fecha Comprador Fecha Comprador Fecha Agente Fecha Agente Fecha 0 rjyy+ju�y�gH+iii` + (( ..&�,, +- ' 7 i HMUM,; ,U i yl> • "1, ttptr Zvi•: !�l, ` 't � � �`fi -1, k.� ttti ,,:L.y >t�l, I!yd f'�✓iIi' t,ri:.tVa�;l�i�� { il+� cl�ii d„�f t!�'t�,�t ll �r� r,:� �t�-�i v�.r{ Y,ti .i �s, It rl:. ..si lla+at,�1 r;'P{Ct 11�I fttij,, i�li,�1�{ ) V,t�_FI Ii.�F i t+,! t iy444 Hflif:�l+{Yui i(f ,(• 7 1. f, x ,, " !r ' '�, tl if �i t{r!*7+t'ri" .�(����'w( e 1 t+ 1{�ys� � 5 ..�s�,!'Lstiti r'''r T!`+`+ilil,S lli��n�1�r�;•,>7���`y'_�i�i7` t'J �Y!F. r! �.I'{rl li1�t ' ty.rttr� ,;•r { +F ti i ' i i }. . r ti t 14 i tF•"``i�s'¢t�ti r i s•���E;`� _�4 �{j����i�'s si`i+{��4'R�'�> r il�; a �`#lj+q l,.t,,,,t�f��li �i !�'.P�l�t'1 '!4 15:�t�” t:. s7 .i.s'.t,..;':�L-+Ja�':S.jn,r: ✓t . >�a +�:. iIIle�;,dt ��r 4 '{ jj Jr � �jl' W •.�L,JJ �. f��d ' � �• �rr�{�;f �.rr ' t u�� �{• `{ to qty WL 11 t + { 'ti 1�j`q,jw !0 .. [ Lv 1 ML:., T GiT+ ' _�yr i t�t� i :.i g§ F. � v t s t r frS•.t� ti i-+ i + `�� , t t �S i i t tt { r �` t , p ,'. t r t i ,•tp C1 ! +rt{�l��, li+t , +i,+ F {,. ,i t . 14,1 { ' .t + ! }p + r � FI t�� _tl+,i �t S j�;�y�� 1{ }{,�, tl i ! .,l, s I i i• 5 i� ,Its r 7� i �1 1 :;t, ' �� .i Are You Planning To Buy, Rent, or Renovate a Home Built Before 1978? 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: m.. LANDLORDS have to disclose known infor- c c 5 mation on lead-based paint and lead-based paint hazards before leases take effect. z Leases must include a disclosure form 4 about lead-based paint. SELLERS have to disclose known informa- tion on lead-based paint and lead-based paint hazards before selling a house. Sales contracts must include a disclosure form about lead-based paint. Buyers have up to 10 days to check for lead hazards. `r RENOVATORS have to give you this pamphlet before starting work. (After June 1, 1999.) IF YOU WANT MORE INFORMATION .1-A on these requirements, call the ' t#-' National Lead Information Clearinghouse at 1-800-424-LEAD. This document is in the public domain. It may be reproduced by an individual or organization Wthout 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. G'C cuo RD ty 4rlo ��IIC�BYU9�151N. IMPORTANT! Lead From Pa nt, Dust, and Soil Can Be Dangerous If Not Managed Properly FACT: Lead exposure can harm young children and babies even before they are born. FACT: Even children who seem healthy can have high levels of lead in their bodies. FACT: People can get lead in their bodies by breathing or swallowing lead dust, or by eating soil or paint chips containing lead. FACT: People have many options for reducing lead hazards, In most cases, lead-based paint that is in good condition is not a hazard. FACT, Removing lead-based paint improperly can increase the danger to your family. If you think your home might have lead hazards, read this pamphlet to learn some simple steps to protect your family. 1 Ydt U CrCs11�� re]RD Lead Gets in the Body in Many 1 ys People can get lead in their body if they: l� p Put their hands or other objects United covered with lead dust in their mouths. S#a yes, 4 Eat paint chips or soil that contains abouI. lead. 9OC},4D0 Children a es 4 Breathe in lead dust (especially during renovations that disturb painted 'i to 5 have a surfaces). blood-lead level above Lead is even more dangerous to children she level of than adults because: Babies and young children often put their hands and other objects in their Even children mouths. These objects can have lead uvho appear dust on them. healthy can 4t2> Children's growing bodies absorb more have danger- lead. crus levels of lead in their Q Children's brains and nervous systems o©dies are more sensitive to the damaging effects of lead. •�� •.fit. r 133 i•t�h!``YY.. �.,•�� •, � x,J` e y, •..�n� \',ter:: ' ' + '•�,;.. X7 2 n 'J j 1 Lead's Effects If not detected early, children with high levels of lead in their bodies can suffer from: Damage to the brain and Uranaru nervous system ":xee.J * Behavior and learning problems (such as hyperactivity) Slowed growth Hearing problems `""= Headaches Lead is also harmful to adults. Adults can suffer from: 4 Difficulties during pregnancy Other reproductive problems (in both men and women) * High blood pressure p Digestive problems Nerve disorders -=��a-t+M * Memory and concentration problems VA11-14 * Muscle and joint pain Lead affects the body in many ways. v�}� N -i °�lrs U U Where Lead-!Based Paint is Found In general, Many homes built before 1978 have lead- the olderour based paint. The federal government Y banned lead-based paint from housing in homer the 1978. Some states stopped its use even more likely it earlier. Lead can be found: has lead- Q In homes in the city, country, or suburbs. based paint. * In apartments, single-family homes, and both private and public housing. p Inside and outside of the house. In soil around a home. (Soil can pick up lead from exterior paint or other sources such as past use of leaded gas in cars.) Checking Your Family for. Lead To reduce your child's exposure to lead, Get your get your child checked, have your home el�iIdren 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 !las h4h 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: 4 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 �.n U,,J��CC ��ji{UcISUW(W�j� Rc�VJ^'U BBuy�UIN. Where Lead is Likely To Be a Hazard Lead-based paint that is in good condition is usually not a hazard. Lead from Peeling, chipping, chalking, or cracking pajnt chips, lead-based paint is a hazard and needs v hien you immediate attention. can see,' and Lead-based paint may also be a hazard lead dust, when found on surfaces that children can wbi ch you chew or that get a lot of wear-and-tear. can't always These areas include: seg, can both Windows and window sills. be serious Doors.and door frames. hazards. Stairs, railings, and banisters. Q 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 -- �1 dust can get on surfaces and objects that people touch. Settled lead dust I i l . can re-enter the air when people vac- • uum, sweep, or walk through it. i i Lead in soil can be a hazard v+ihen children play in bare soil or when people bring soil into the house on F1011, 1 their shoes. Call your state agency A (see page 11) to find out about test- ing soil for lead. �---- N4 r� r . :FE" Gz r Checking Your Horne for Lead Hazards You can get your home checked for lead haz- Just knowing ards in one of two ways, or both: that a home � A paint inspection tells you the lead has lead- content of every different type of painted based paint surface in your home. It won't tell you may 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). It also tellsyouwhat actions to take to address these hazards. Have qualified professionals do the work. There are standards in place for certifying lead-based paint professionals to ensure the work is done safety, 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. y Trained professionals use a range of methods when checking your home, including: 'r Visual inspection of paint condition and • .�: b; location. A portable x-ray fluorescence (XRF) machine. Q Lab tests of paint samples. p 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 Do Now To Protect Your Family If you suspect that your house has lead ,.,•. hazards, you can take some immediate steps to reduce your family's risk: .. Q if you rent notify our landlord of peeling or chipping paint. ? � * Clean up paint chips immediately. ' Q Clean floors, window frames, window �•k't-��` . sills, and other surfaces weekly. Use a Es � 5 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 ter :. areas. ....... e> Wash children's hands often, especial- ly before they eat and before nap time and bed time. ' a_ Q Keep play areas clean. Wash bottles, , pacifiers, toys, and stuffed animals = - regularly. Keep children from chewing window silts or other painted surfaces. Clean or remove shoes before entering your home to avoid • tracking in lead from soil. Make sure children eat ►1�� nutritious, low-fat meals hight-K. _' in iron and calcium, such as ?,*'� "- 1 4' '�' ,r" d ` roc}a spinach and dairy products. �.. f•�j Children with good diets absorb •� �`;1 less lead. 7 IL G?,IN �QJ u:Utl11p Uth!/Ua Hovv To Significantly Reduce Lead Hazards In addition to day-to-day cleaning and good Removing nutrition: lead * You can temporarily reduce lead hazards improperly by taking actions such as repairing dam- can increase aged painted surfaces and planting grass the hazard to to cover soil with high lead levels. These f amll actions (called "interim controls") are not yQU'r y permanent solutions and will need ongo- oy sp;eading ing attention. even more p 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 rase a lead-based paint with special materials, p)-o essional who Just painting over the hazard with regular Is tl air2&d to paint is not enough: remove 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. Call your state agency see page 11 for ./;: �-•rte' :� help with locating certified contractors in your area and to see if financial assistance is available. s3 P,ICU°?D Remodeling or Renovating a Hone With Lead-Based Pain. Take precautions before your contractor or you begin remodeling or renovations that /�`:-u;.• - disturb painted surfaces (such as scraping off paint or tearing out walls): Cv Have the area tested for lead-based paint. Q Do not use a belt-sander, propane `'t'• -=` µ torch, heat gun, dry scraper, or dry sandpaper to 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. C�nd�c�ed Temporarily move your family (espe- Properly cially children and pregnant women) Certain types Out of the apartment or house until the work is done and the area is prop= ©f re7ova- erly cleaned. if you can't move your tions can family, at least completely seal off the release lead work area. f;oritl paint ' Follow other safety measures to and dl.lst into reduce lead hazards. You can find out the Gil about other safety measures by calling 1-800-424-LEAD. Ask for the brochure* "Reducing Lead Hazards When Remodeling Your Home." This brochure explains what to do before, during, and after renovations. if you have alreadycompleted renova- • ��-=,.� ;' <;. f tions or remodeling that could haver:; ;R,-.- �- , released lead-based paint or dust, get your young children tested and follow the steps outlined on page 7 of this brochure. C1 C ED d ; �� ;�' ?