Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract 28067
poor STATE OF TEXAS § CITY SECRETARY § CONTRACT No. U� COUNTY OF TARRANT § THIS contract is made and entered into by and between the City of Fort Worth ("City"), acting by and through Reid Rector, its duly authorized Assistant City Manager, and Near Southeast Community Development Corporation ("Contractor"), by and through Shirley Lewis, its duly authorized Executive Director. Contractor's business address is P.O Box 1872 Fort Worth Texas 76101. 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 No. M-01-MC-48-0204, with which the City desires to promote activities that expand the supply of affordable housing and the development of partnerships among the City, local governments, local lenders, private industry and neighborhood based nonprofit housing organizations; and WHEREAS, the primary purpose of the HOME program pursuant to the National Affordable Housing Act of 1990 ("NAHA") and 24 CFR 92, ("the Regulations") is to benefit low and very low income citizens by providing them with affordable housing; and WHEREAS, Contractor, a nonprofit corporation managed by a volunteer Board of Directors, is working to 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 citizens of Fort Worth; NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: I. GENERAL PROVISIONS PLimose The express purpose of this contract is to provide Contractor with HOME Program Income funds not to exceed EIGHTY SIX THOUSAND FOUR HUNDRED AND EIGHT DOLLARS and 63/100 ($86,408.63) in accordance with "Exhibit A - Program Summary". The amount of EIGHTY SIX THOUSAND FOUR HUNDRED AND EIGHT DOLLARS and 63/100 ($86,408.63) is designated as "Program Income", and may be used to further development of affordable housing in the Near Southeast area. The objective of this contract is to provide Program Income funds to the Contractor for housing development expenses that Page 1 qualify as eligible costs under HOME Program guidelines. The City hereby certifies that Contractor is a Community Housing Development Organization (CHDO) and acts as a housing developer as defined by HUD. 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. 2. Duration This Contract begins on the date of execution of this contract and terminates twelve (12) months thereafter. This Contract may be extended for one (1) one-year term. In the event Contract desires to extend the terms of this contract beyond its stated date of expiration of 12 months, it shall submit a written request for extension to the City at least 60 days prior to the current expiration date hereof and that said submission shall include the Contractor's anticipated budget, goals and objectives for the extended period; provided, however, that the City is under no duty or obligation to grant the requested extension, and that any such extension must be in writing as an amendment to this contract and approved by the City Manager. 3. Independent Contractor 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. 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. 4. Termination. This contract may be terminated by the City in the event of default, inability, or failure to Page 2 perform on the part of Contractor, or whenever such termination is determined by the City to be in the City's best interest. Likewise, the contract may be terminated by Contractor if the City does not provide funds pursuant to this agreement. The contract may be terminated for mutual convenience upon agreement of the parties. The parties acknowledge that HOME funds paid hereunder are intended to provide only partial funding for Contractor's program operations. If non-HOME funds to implement the program are not forthcoming to the Contractor during the contract term, the City may terminate this contract. City shall notify the Contractor in writing of any breach of this contract, and specify a reasonable time within which to cure the particular breach. After being notified of such 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. 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. 5. Venue Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or non-performance of this agreement, venue for said action shall be in Tarrant County, Texas. 6. Written Instrument is Entire Agreement All terms of this contract shall apply to any and all subcontractors of Contractor which are in any way paid with HOME funds or who perform any work in connection with Contractor's Program. The provisions of this agreement are severable, and, if for any reason a clause, sentence, paragraph or other part of this agreement shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. The failure of the City to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of the City's right to assert or rely upon any such term or right on any future occasion. This written instrument and the exhibits attached hereto, which are incorporated by reference and made a part of this contract for all purposes, constitutes the entire contract by the Page 3 9 m;i l rr PIF parties hereto concerning the work and services to be performed under this contract. Any prior or contemporaneous oral or written agreement, which purports to vary the terms of this contract, shall be void. Any amendments to the terms of this contract must be in writing and must be approved by each party to this contract. 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. 7. DUTIES AND RESPONSIBILITIES OF CITY A. Disbursement of Funds The City will furnish federal grant funds, (HUD HOME Investment Partnerships Program No. M-01-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. B. Amount of Funds It is agreed that the total distribution of federal grant funds made available to or paid on behalf of Contractor, during the term of this contract shall not exceed the total sum of EIGHTY SIX THOUSAND FOUR HUNDRED AND EIGHT DOLLARS and 63/100 ($86,408.63). Contractor will use the EIGHTY SIX THOUSAND FOUR HUNDRED AND EIGHT DOLLARS and 63/100 ($86,408.63) for eligible housing development expenses in accordance with Exhibit B - "Program Budget". 8. DUTIES AND RESPONSIBILITIES OF CONTRACTOR A. Statement of Work, Budget and Time Line for Goals and Expenditures Contractor will utilize HOME funds provided under this contract to assist certain of its expenses to promote the development of Contractor and its efforts to produce affordable housing for low and very-low income families. HOME funds may only be used to provide Contractor funding for activities which are eligible and allowable expenditures pursuant to HOME regulations specified in Section 92.208. The expenses are described more specifically in Exhibit B. B. Budget Contractor agrees that the HOME funds will be expended in accordance with the projected Budget in Exhibit B attached hereto and incorporated for all purposes. Under no circumstances shall the total amount of program funds expended by Contractor from funds paid Page 4 S Rc by the City exceed EIGHTY SIX THOUSAND FOUR HUNDRED AND EIGHT DOLLARS and 63/100 ($86,408.63). The funds from the City may be spent only to pay for actual expenses associated with affordable housing development. C. Time Line for Goals and Expenditures 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. D. Reversion of Assets 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 in accordance with Sections 92.503(b) and 92.504(c)(3) of the HOME regulations. E. Accounting, Records and Reports Contractor will establish and maintain an accounting system using uniform and established principles of standard accounting in accordance with OMB Circular A-122, "Cost Principles for Non-Profit Organizations", for the documenting and controlling the expenditure of HOME funds used in the pursuit of Program objectives to be performed in this contract. ALL HOME FUNDS, AS DISTRIBUTED TO CONTRACTOR, WILL BE IMMEDIATELY DEPOSITED BY CONTRACTOR IN A LOCAL, FEDERALLY-INSURED, INTEREST BEARING BANK CHECKING ACCOUNT, AND THEREAFTER DISBURSED BY CHECK BY CONTRACTOR FOR THE PURPOSES ALLOWED UNDER THIS CONTRACTOR ("ALLOWABLE COSTS" HEREINAFTER DEFINED). ONLY HOME FUNDS WILL BE DEPOSITED TO THIS ACCOUNT AND NO OTHER FUNDS WILL BE COMMINGLED WITH THIS ACCOUNT. THE CITY SHALL HAVE ACCESS TO THE RECORDS RELATING TO THIS ACCOUNT FOR PURPOSES OF AUDITING CONTRACTOR'S EXPENDITURES OF THE CITY GRANT, AND CONTRACTOR WILL SO ADVISE APPROPRIATE BANK OFFICIALS. Contractor will only use HOME funds received to defray expenditures which are: (1) made in conformance with the specified purposes set out in Exhibit A and all other provisions of this Contract; (2) necessary to accomplish the Program objectives; (3) reasonable in amount of goods and services purchased; (4) actual net costs to the Contractor (i.e., the price paid minus any refunds, rebates, discounts or any other items of value received by Contractor that have the effect of reducing the cost actually incurred) (5) incurred after execution of this Contract unless specific authorization from the City to the contrary is received; (6) satisfactorily documented; Page 5 and(7) treated uniformly and consistently under the accounting system established by Contractor for these purposes. All costs defrayed from HOME funds will be supported by properly executed checks, orders, payrolls, time records, invoices, contracts, vouchers, or other accounting documents evidencing in detail the nature and propriety of the charges. Such documentation will be clearly identified, readily accessible and, to the extent possible, kept separate and apart from all other such documents. The City expressly reserves, for a period of five (5) years from the date of execution of this Contract, the right to audit compliance with the terms of this Contract, and any and all records and documents relating to expenditures made for which HOME funds are used, or relating to any other activity under this Contract or use of HOME funds. Contractor agrees to retain all such records and documents for the five (5)year period Contractor will obtain and keep on file the following information on each client served by the Program. Such records shall be kept for the period of affordability mandated by the Regulations. a. annual income and size of the household of which the client is a member; b. ethnic group of the client, using one of the following five categories: White, not Hispanic; Black, not Hispanic; Hispanic; Asian or Pacific Islander; American Indian or Alaskan Native; C. whether the head of the client's household is male or female; and d. additional statistical information as may be required by HUD regulations and any amendments thereto. e. Contractor will keep on file the following information and documentation on each individual project: f. proof that the project meets the applicable property standards; g. the per unit amount of HOME dollars invested; h. the compliance with the affirmative marketing requirements and existence of acceptable procedures; i. compliance with relocation requirements; j. minority and female owned business data, and affirmative fair housing actions; Page 6 E k. compliance with lead based paint and Davis-Bacon requirements; and 1. compliance with conflict of interest rules. By the 15th of each month during which this program is supported by the HOME funds provided under this contract (to be construed as including the use of any asset obtained through the expenditure of HOME funds), Contractor will supply the City with a report detailing: a. progress toward goal achievement; and b. expenditure detail. C. Reports shall be submitted in the format specified by City. H. Cost Principles Contractor shall comply with the requirements and standards of OMB Circular A-122, "Cost Principles for Non-Profit Organizations". 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 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). 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). 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 Page 7 t it because of such misuse, misapplication or misappropriation. I. Monitor Effectiveness of Services and Work The City will review the activities and performance of each contractor and subrecipient not less than annually as required in Section 92.504 (e) of the HOME regulations. Contractor agrees to fully cooperate with City in monitoring the effectiveness of the services and work to be performed by Contractor's compliance with the terms of this contract. The City shall have access at all reasonable hours to offices and records (dealing with the use of the funds that are the basis of this contract) of Contractor, its officers, directors, agents, employees, and subcontractors for the purpose of such monitoring. Contractor agrees to likewise monitor the effectiveness of the services and work to be performed by its subcontractors. J. Compliance with All Applicable Laws and Regulations Federal Contractor agrees to comply with the following laws and the regulations issued thereunder as they are currently written or are hereafter amended during performance of this contract: Title VI of Civil Rights Act of 1964 (42 USC 2000d et seq) Title VIII of Civil Rights Act of 1968 (42 USC 3601 et seq) Executive Orders 11063, 11246, as amended by 11375 and as supplemented by Department of Labor regulations (41 CFR, Part 60) Section 504 of the Rehabilitation Act of 1973 (29 USC 794) The Age Discrimination Act of 1975 (42 USC 6101 et seq) National Environmental Policy Act of 1969 (NEPA) and the related authorities listed HUD's implementing regulations (24 CFR Part 58) Immigration Reform and Control Act of 1986 (Pub. L. 99-603, 100 Stat .3359, as amended) specifically including the provisions requiring employer verifications of legal worker status of its employees Housing and Community Development Act of 1987 (Pub. L. 100-242, 101 Stat. 1815, as amended) The Americans with Disabilities Act of 1990 (42 USC 12101 et seq) National Affordable Housing Act of 1990 The Drug Free Workplace Act of 1988 (24 CFR part 23, subpart F) Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701 As the work performed under this contract is on a project assisted under a 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, Page 8 Contractor covenants to abide by the requirements of the said Section 3. It requires as follows: 1. That, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area, and 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. 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 impediment, which would prevent it from complying with the requirements. Contractor agrees that it will send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or workers representatives of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. Contractor agrees that it will include the said Section 3 clause in every subcontract for work in connection with the project and will, at the direction of City, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 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. 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. Clean Air Act; Clean Water Act; Environmental Protection Agency (EPA) Acts and Regulations This contract is subject to the requirements of Section 306 of the Clean Air Act, as amended (42 USC 1857(h) et seq.), Section 508 of the Clean Water Act (33 USC Page 9 "1 r. 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: 1. A stipulation that no facility to be utilized in the performance of nonexempt contract or subcontract work is included on the List of Violating Facilities issued by the(EPA) pursuant to 40 CFR 15.20; 2. Compliance with all the requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8), and Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318), relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308 and all regulations and guidelines issued hereunder; 3. A stipulation that, as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities; 4. Agreement by Contractor that it will include or cause to be included the criteria and requirements of this section in every nonexempt subcontract, requiring that Contractor will take such action as City may direct as a means of enforcing such provisions. In no event, shall any amount of the assistance provided under this contract be utilized with respect to a facility which has given rise to a conviction under the Clean Air Act or the Clean Water Act. K. Other Laws Contractor covenants and agrees that its officers, members, agents, employees, Program participants and subcontractors shall abide by and comply with all other laws, (federal, state and local) relevant to the performance of this contract, including all ordinances, rules and regulations of the City of Fort Worth and the Regulations. Contractor further promises and agrees that it has read, and is familiar with, terms and conditions of the Regulations under which funds are granted and that it will fully comply with same. It is agreed and understood that, if City calls the attention of Contractor to any such violations on the part of Contractor or any of its officers, members, agents, employees, program participants or subcontractors, then Contractor shall immediately desist from and correct such violation. 13. Prohibition Against Discrimination Contractor, in the execution, performance or attempted performance of this contract and agreement, will not discriminate against any person because of sex, race, religion, color or Page 10 ,f i national origin, nor will Contractor permit its officers, members, agents, employees, subcontractors or program participants to engage in such discrimination. During the performance of this contract Contractor agrees, and will require all its subcontractors to agree, as follows: Contractor will not unlawfully discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Contractor will take affirmative action to ensure that applicants are employed and that employees are treated fairly during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. In accordance with the policy of the Executive Branch of the federal government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age or because of any handicap, except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. Page 11 r This agreement is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article I1I, 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. 14. Prohibition Against Interest No member, officer or employee of City or its designees or agents; no member of the governing body of the locality in which the Program is situated; and no other public official of such locality or localities, who exercises any functions or responsibilities with respect to the program funded hereunder during his tenure or for one (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. 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. No officer, employee, agent, consultant, elected official or appointed official of the participating jurisdiction, Contractor or its subcontractors who exercised any functions or responsibilities with respect to activities assisted with HOME funds or who are in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a HOME assisted activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one (1) year thereafter. 15. Minority and Women Business Enterprise Commitment Contractor agrees to abide by the City of Fort Worth's policy to involve minority and women disadvantaged business enterprises (MWBEs) in all phases of its procurement practices and to provide them equal opportunity to compete for contracts for construction, provision of professional services, purchase of equipment and supplies and provision of other services required by City. Therefore, Contractor agrees to incorporate City Ordinance No. 11923, and all amendments or successor policies thereto, into all contracts and will further require all persons or entities with whom it contracts to comply with said Policy. Page 12 o 16. Assignment 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. 17. Indemnity and Bonding Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, City and its officers, agents, servants and employees from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or nonperformance of this contract and agreement and/or the operations, activities and services of the Program described herein, whether or not caused, in whole or in part, by lleged 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. Contractor will maintain a blanket fidelity coverage in the form of insurance or bond in the amount of Ten Thousand Dollars ($10,000), to insure against loss from the fraud, theft or dishonesty of any of Contractor's officers, agents, trustees, directors or employees. The proceeds of such bond shall be used to reimburse City for any and all loss of HOME monies occasioned by such misconduct. To effectuate such reimbursement, such bond shall include a rider stating that reimbursement for any loss or losses thereunder shall be made directly to City for the uses and benefit of Contractor. 17. Waiver of Immunity If Contractor, as a charitable or nonprofit organization, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damages or injury, including death, to persons or property, Contractor hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section shall not be construed to affect a Page 13 r governmental entity's immunities under constitutional, statutory or common law. 18. Insurance Requirements Commercial General Liability(CGL) Insurance $500,000 each occurrence $1,000,000 aggregate limit Business Automobile Liability Insurance $1,000,000 each accident on a combined single-limit basis, or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence $2,000,000 Aggregate Insurance policy shall be endorsed to cover"Any Auto" Pending availability of the following coverage, and at the discretion of the Contractor, the policy shall be the primary responding insurance policy versus a personal auto insurance policy if or when in the course of Contractor's business as contracted herein. Workers' Compensation Insurance Part A: Statutory Limits Part B: Employer's Liability $100,000 each accident $100,000 disease-each employee $500,000 disease-policy limit Note: Such insurance shall cover employees performing work on any and all projects including but not limited to construction, demolition, rehabilitation. Coverages shall be maintained by Contractor or its subcontractors. In the event the respective subcontractors do not maintain coverage, the Contractor shall maintain the coverage on such subcontractor for each applicable subcontract. Directors and Officers Insurance Optional (Highly Recommended) Note: This insurance shall cover the Contractor and any associated Board of Directors members. Additional Requirements Such insurance amounts shall be revised upward at City's option and that Contractor shall revise such amounts within (30) 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. Page 14 Insurance policies required herein shall be endorsed to include the City of Fort Worth as an additional insured as its interest may appear. Additional insured parties shall include employees, officers, agents, and volunteers of the City of Fort Worth. The Workers' Compensation Insurance policy shall be endorsed to include a waiver of subrogation, also referred to as a waiver of rights of recovery, in favor of the City of Fort Worth. Any failure on part of the City to request certificate(s) of insurance shall not be construed as a waiver of such requirement nor as a waiver of the insurance requirements themselves. Insurers of Contractor's insurance policies shall be licensed to do business in the state of Texas by the Department of Insurance or be otherwise eligible and authorized to do business in the state of Texas. Insurers shall be acceptable to the City insofar as their financial strength and solvency and each such company shall have a current minimum A.M. Best Key Rating Guide rating of A:VII or other equivalent insurance industry standard rating otherwise approved by the City of Fort Worth. Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise approved by the City of Fort Worth. In the event there are local, federal or other regulatory insurance or bonding requirements for the housing program addressed in this contract, should such requirements exceed those specified herein, the former shall prevail. 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. 19. Certification Regarding Lobbying The undersigned representative of Contractor hereby certifies, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement and the Page 15 extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, member of Congress in connection with this federal contract, grant, loan or cooperative agreement, Contractor shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Contractor shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of federal funds. Page 16 � .G r IN WITNESS WHEREOF, the parti s hereto have xecuted four copies of this contract in Fort Worth, Tarrant County, Texas, this N� day of UHL)b e r- , 2001 ATTEST: CITY OF FORT WORTH By: rV zlil 1 DYZ City Secreta Reid Rector Assistant City Manager APPROVED AS TO FORM AND LEGALITY: C- IqDl L :ontract Authorization Asst. Attorney (� 13 Gal Date NEAR SOUTHEAST COMMUNITY DEVELOPMENT CORPORATION By: Shirley Le& Executive Director Page 17 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Reid Rector, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he executed the same as the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 16V day of 52002. Notary Public in and for the State of Texas f ROSELLA BARNES STATE OF TEXAS § t2°7 N NOTARY PUBLIC § 1c State of Texas COUNTY OF TARRANT § . Comm.Exp.03-31-2005 BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Shirley Lewis, 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 Near Southeast Community Development Corporation and that he executed the same as the act of said Near Southeast Community Development Corporation for the purposes and consideration therein expressed and in the capacity therein stated as its duly authorized officer or representative. GIVEN UNDER MY HAND AND SEAL OF OFFICE this C-) day of s-- 52002. , Notary Public in and for the State of Texas ........... WILLIAM HEWITT MY COMMISSION EXPIRES January 27,2003 Page 18 EXB_,_r rr "Y" BASED PAINT GUIDELINES Lead-Based Paint:Regulations Changes On September 15, 1999, HUD issued a new Federal lead-based paint regulation implementing Title X of the Housing and Community Development Act of 1992. This regulation makes many important changes in the lead-based paint requirements applicable to housing funded.through HUD's Community Planning and Development(CPD) programs. State and local jurisdictions that receive funding from the Community Development Block Grant(CDBG) Program, HOME Program, McKinney Act homeless programs and other CPD programs must prepare to meet these requirements by September 15, 2000. Attachment 1 ADDRESSING LEAD-BASED PAINT IN LOCAL HOUSING PROGRAMS—KEY LESSONS - Why is Action Needed? ❑ Lead-based paint in older housing is the primary cause of lead poisoning ➢ 64 million homes have lead-based paint. ➢ 20 million homes have conditions that expose families to unsafe levels of lead. ❑ Lead-based paint threatens the health and future of families and our children. Without action it also threat to housing providers. o poses a ❑ Tremendous progress has been made in reducing lead poisoning. Lead-based paint in housin remaining source of lead that directly threatens families. g is the final. ❑ States and communities are meeting the challenge. The new regulation presents challenges—it will impact housing program production and o erations. > Programs in many communities are already successfully addressing lead. p Practical actions are available that protect families I i Understanding Lead and Lead-Based Paint Hazards ❑ Lead poisoning does not have obvious symptoms, but it has long-term effects. I Some potential effects include darmage to brain and nervous system, loss of intelligence and leami I difficulties. ng i The only way to know for sure if someone has been poisoned is to perform a blood'Lest.� ❑ Not all lead-based paint is a hazard. Intact lead-based paint does not cause lead exposure. ➢ Lead hazards include deteriorated paint,lead-contaminated dust and lead-contaminated soil. I Meeting the New Lead-Based Paint Regulation ❑ The new lead-based paint regulation emphasizes practical solutions, i Required actions depend upon the activity,as well as the amount and duration of Federal assistance. I Lead hazard raducdon, rather than abatement ❑ The regulation gives States and communities flexibility. ! I . i 2 TAKING ACTION TO ADDRESS LEAD-BASED PAINT _ By September 15,2000,successful State and local housing programs receiving Federal funds will have: ❑ Revised their program procedures and documents to implement the additional steps required for ➢ Providing notification ➢ Identifying lead hazards Performing lead hazard reduction,using safe work practices and achieving"clearance" ➢ Implementing ongoing maintenance where required r Responding to lead poisoned children ❑ Obtained training for contractors and program stafif on Jead hazard evaluation and reduction. I 0 Developed methods and assembled materials to educate rental property owners, homeowners,and occupants of rental housing about the new requirements. ❑ Established working relationships with lead professionals and key partners,such as risk assessors and . clearance technicians, public health departments and HUD lead grantees. ❑ Created procedures for determining when is it more cost-effective to presume that lead hazards are resent and I when it makes sense to evaluate a property. p i r 3 � y N .IIj b CfII .(Cp C ©j C _ O C U y cn [D •C h C C p •O •CL Cli CL f 10 0 N o sc a � o ci N CL Q t4 v c v n E CD a cr) o c _o ° o �- E bo .. ° — m _ 3 CU - D c 0 en CZ cr c cNi o H c = _ 1- �- Co. C�' } Z H o 0 U o J-• m c m 2 .� �� N• ::' O .cu C E .N .. C co p c,.. U .Z co b Z7 - U C C) CL U C N - lll Grj C. c 'W E o C-> — -0 t4 Cu �-- C Cs= .m. CO = o .C c LU VJ `.•O-.•.' to N cr L3 Y b O •C cu xu p C LLl V=] U Gn N .:N p 0 C)Q 5 � cn U Fp— o o 1 z o c cu n to ci ' -- Z, — O C p C O w b -`.' C � � � � — a c M c C) E r c Q co N E 2 � o c -- c II] N _ y — o n _o C C', .Cl! cu: C p -U U a ui —. n"--- o n } E c c p cn . L1J � c m 2 � � cn r N o c o LL. — c o t� c3 O o c) C c o` C) c cz; o �..n c N cv — .�. cJ. a O c"L7_-.- N N O O p b '1 C .O. CV O "O O �. H Q Cu E r C C F5 -E2 cu LL! _ co 0 Z z L L2 , •_ •U O E Z 2 CJ U z < i7 U O O C .' U 0 .0 C) U (C _ .� y of U _ 7 c .O N = G_ b _O C O Q O LOj = Cn O cc) V CJ S C;; E (y <n O cz 0 N — p � .o-= o c o VI Q1 L C o c`a cn U Z 'C:c � Cc= v c � C p N U N p CO C co O o 7 C .n C of u c o.•p c -o b ri _ z •c_ •_ } C O d O cu _ CM U.LU O — N O N OC '� o ti C a .d N d - Cm L'' U O ` U U S m_ U d N. II7 J LC O L1 Q = L Z J L11 J [� W O Attachment 3 FOUR.APPROACHES TO IMPLEMENTING LEAD HAZARD EVALUATION AND REDUCTION APPROACH 1. Do NO HARM Lead Hazard Evaluation Lead Hazard Reduction Options Paint testing performed on surfaces Repair surfaces disturbed during Presume lead-based paint is to be disturbed. work, present.and use safe work practices Safe work practices used when on all surfaces being disturbed. working on areas identned as lead- based paint. Clearance performed on wont site. APPROACH 2. 10ENTI YAND STABILIZE DETERIORATED PAINT. Lead Hazard Evaluation Lead Hazard Reduction Options Visual assessment performed to Paint stabilization of identified Perform paint testing on .identify deteriorated paint. deteriorated paint. deteriorated paint. Safe.work Safe work practices used. practice requirements only apply to Clearance performed unit-wide. lead-based paint. APPROACH.3. IDENTIFY AND CONTROL LEAD HAZARDS Lead Hazard Evaluation Lead Hazard Reduction Options Paint testing per formed on surfaces Interim controls performed on Presume lead based paint and/or to be disturbed. identfied hazards. . lead based paint hazards are Risk assessment performed on Safe work practices used. present and perform standard entire dv ree 1elling. `treatments. Clearance performed unit-wide. APPROACH.4_. .IDENTIFY AND Ai3ATE LEAD HAZARDS. Lead Hazard Evaluation Lead Hazard Reducton Options Paint testing.:perforned on surfaces Abatement performed on identified Presume lead-based paint and/or to be disturbed. hazards. lead-based paint hazards are Risk assessment perfomed on Interim controls performed on' present and perform abatement on - entire dwelling. identified hazards on the exterior that all applicable surfaces are not disturbed by rehabilitation. deteriorated, impact,friction, chewable surfaces,and surfaces to Safe work practices used. be disturbed. Clearance performed unit-vide. s ATTACHMENT 4 "LEAD SPEAK"-A BRIEF GLOSSARY COMMON LEAD-BASED PAINT TERMS Lead-Based Paint:Paint that contains at least 1 milligram per centimeter square (mg/cml) than 0.5 percent lead or has 5,000 parts per million(ppm) lead by dry weight of lead. Also measured as greater Lead-Based Paint Hazards: Housing conditions that cause human exposure to unsae leve!s of lead from paint. These conditions include deteriorated lead-based paint;faction, impact or chewable painted surfaces;lead contaminated dust;or lead- contaminated soil. LEAD HAZARD EVALUATION VsualAssessment:A visual evaluation of interior and eAerior painted surfaces to identify specific conditions that contribute to lead-based paint hazards. The assessment is performed by a certified risk assessor or housing Quality Standards (HQS) -inspector trained in visual assessment. Paint Testing:Testing.of specific surfaces, by XRF(x-ray f uorescence)or lab analysis,to determine the lead content of these surfaces, performed by a certified lead-based paint inspector or certified risk assessor. Risk Assessment:A comprehensive evaluation for lead-based paint hazards that includes paint testing, dust and soil sampling, and a visual evaluation.The risk assessment report identifies lead hazards and appropriate lead hazard reduction methods. AV certified risk assessor must conduct the assessment. Lead Hazard Screen:A limited risk assessment activity that can be performed instead of a risk assessment in units that meet certain criteria(e.g.good condition). The screen must be performed by a ceriified risk assessor. If the unit fhe lead haz screen, a full risk assessment must be performed. aid Clearance Examination: Clearance is performed after hazard reduction, rehabilitation or maintenance activi`ues to determine F,a unit is safe for occupancy. It involves a visual assessment,analysis�of dust and soil samples,and preparation of report.A certified risk assessor,paint inspector,or clearance'technician(independent from entitytndividual conducting paint'stabilizabon or hazard reduction)conducts clearance. LEAD HAZARD REDUCTION Paint Stabilization: An interim control method that stabilizes.painted surfaces and addressed the underlying cause of deterioration. Steps include repairing defective surfaces, removing loose paint and applying new paint. Interim Controls: Set of measures to temporarily control lead-based paint hazards. Interim control methods must t= completed by qualified workers using safe work practices. Follow-up monitoring is needed. Standard Treatments: A complete set of interim control methods that when used together temporarily control all potential lead hazards in a unit.Because they address all conditions, a risk assessment or other evaluation is not needed, Standard treatments must be completed by qualified vrorkers using safe vrork practices. As wit�i interim controls,follovr-up monitoring is needed. Abatement: Measures to permanently control lead-based paint or lead-based paint hazards. s LEAD POISONING Environmental Intervention Blood Lead Level?The level of lead in blood that requires intervention in a child under age This is defined as a blood lead level of 20 pgldL(micrograms per deciliter)of whole blood or above for a single test or bloo lead levels of 15-19 pg/dL in two tests taken at least three months apart , d LEAD-BASED PAINT- KEY UNITS OF MEASUREMENT pg (Microgram):A microgram is 1/1000d'of a milligram(orone 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 pieces. A microgram is one of those two million pieces. ' 'the into 2 million ft=,(Square foot): .One square foot is equal to an area that has a length of one foot(12 inches)and a width of one foot 12 inches). pg/d L: Micrograms per deciliter, used to measure the level of lead in children's blood to establish whether intervention is needed. A deciliter is a little less than half a cup. As noted above,.a microgram is the same weight as one part of a penny divided into two million parts. p.g/gram: Micrograms per gram of sample,equivalent to parts per million(ppm)by v,eight. pg!ft': Micrograms per square feet is the measurement used to measure levels of Jecd in dust and soil samples.The clearance report should have the results listed in pgfit2(micrograms per square foot). _ M91=2: Milligrams per square centime#ere used forpaint by XRF machines. percent: Percent by weight, used usually for lead-based paint(1 percent= 10,000 p•glgram) ppm: Paris permillion by weight,equivalent to jig/gram-(10,000 ppm= 1 percent). LEAD-BASED PAINT STANDARDS Paint— Definition of Lead-Based Paint Paint that contains at least: 1 milligram per centimeters square(mg/cm2)of lead; 0.5 percent lead;or 5,000 parts per million (ppm) lead by dry weight. Dust—Thresholds for Lead-Contamination(Risk Ass essment/Clearance) Floors 40 pig/ft2 Interior window sills 250 p�ffi2 ➢ Window troughs(Clearance only) 800 �- ' l�9 Soil=Thresholds for Soil Contamination Play areas used by children under age 6 400 / ram � Omer areas 11g g 2,000 pg/grznn Attachment 5---SUMMARY OF MAJOR REGULATION CHANGES BY ACTIVITY TABLE '(: REHABILITATION ACTIVITIES CURRENT REQUIREMENTS NEW REQUIREMENTS (All activities) <$500b/unit. $5000-$25,0001unit >$25,000/unit Applicability Applicability Under the current regulation,the lead-based paint The new regulation outlines lead-based paint requirements specifically for requirements for rehabilitation are the same as those Federally funded rehabilitation work. These requirements apply to HUD for other activities. Each CPD program has its own programs that provide assistance for rehabilitation, including CPD-funded lead-based paint regulations. rehabilitation activities. Lead-based paint requirements are similar across The lead-based paint requirements for rehabilitation work,as-described in this CPD programs (most simply refer to 24 CFR 35).The part of the regulation,are the same regardless of the source of program HON.IE program has the most extensive guidance on funding, but they differ based on the level of funding to a property. requirements. CDBG applies lead requirements only to rehabilitation activities. NOtiflCation Noti�ication Occupants,owner occupants, and purchasers of Same as current requirement. assisted properties must receive notification of the The new regulation also requires vaitten notice to occupants informing them of potential presence and hazards.of lead-based paint. lead hazard evaluation or reduction activities. Notification is achieved through the distribution of the EPA/HUD/CPSC lead-based paint hazard informa!on pamphlet. All property ovmers(both subsidized and market rate) must disclose available information about the presence of lead-based paint and provide prospective buyers/occupants with any existing documentation on known lead-based paint hazards in the dvrslling unit Visual Inspection Paint Testing Paint Testing and Risk Assessment Visual inspections must be performed on properties Painted surfaces Giat t,,ill Rehabililat on assistance greater than$5000.per constructed pi ilor to 1978 to identify defective paint be disturbed during' unit requires a higher level of lead hazard surfaces. rehabilitation must be evaluation. tested for lead-based Paint Testing—Test surfaces that will be paint, unless a surface is disturbed by the rehabilitation for lead-based assumed to contain lead- paint. For surfaces assumed to contain lead- based paint.paint. based paint,testing is not required. • Risk Assessment—An assessment of a dwelling to check for the presence of lead- based paint hazards. It includes a visua; assessment of dust,soil,and paint and a written report of the results. • Option for units receiving assistance between 55,000 and$25,000-The grantee may assume veal lead-based paint and lead hazards are present,forego Erie paint testing and risk assessment, and conduct standard treat'nen.ts. • Option for units receiving more than $25,000—The g,ante=_may assume that lead- based paint and lead hazards are present, forego paint testing and risk assessment, and abate a!!painted surfaces disturbed during rehabiiilatior,that are presumed to have lead- based paint and all presumed hazards. 8 SUMMARY OF MAJOR REGULATION CHANGES BY ACTIVITY TABLE 9: REHABILITATION ACTIVITIES (Continued) - CURRENT REQUIREMENTS NEW REQUIREMENTS (All activities) <$50001unk $5000-$25,000funit >$25,0001unit Treatment Paint Repair Lead Hazard Abatement Any defective paint surfaces must be safely treated Repair surfaces thart are Reduction Any lead-based paint during rehabilitation. Under the current regulations, disturbed by Any lead-based paint hazards found in units this requires removal or covering of the defective rehabilitation in a safe hazards found during and common areas surface. manner. the risk assessment must be controlled must be controlled using abatement using interim controls or methods. abatement methods. Lead-based paint Standard treatrnents hazards on exterior must be performed surfaces that are not when no evaluation is disturbed during conducted and the rehabilitation must be presence of lead-based controlled using either paint hazards is interim controls or assumed. abatement Safe.Work Practices Safe Work Practices Current regulations establish some provisions Rehabilitation work that disturbs surfaces known or assumed to contain lead- regarding safe and prohibited methods for work. based paint must be.performed using safe work practices: Safe work practices are not required.for work that disturbs surfaces below de minimis levels. The new regulation establishes more extensive requirements for safe work practiws,including an updated list of prohibited methods. There are additional safety precautions for occupant protection, worksite preparation,and cleanup activities. Clearance Clearance Not required. Once hazard reduction work is completed, a clearance examination must be performed by a certified professional to ensure that no lead-based paint hazards remain.Clearance is required for all categories of rehabilitation activities. For rehabilitation assistance<5,000 per unit,clearance is required only for the worksite. For rehabilitation assistance>S5,000 per unit,clearance is required for the unit,common areas,and exterior areas where rehabilitation took place. Clearance involves a visual assessment and dust testing after cleanup is complete. A clearance report must be prepared.if abatement is conducted,an abatement report is required in place of a clearance report Ongoing Maintenance and Monitoring Ongoing Maintenance None required. Owners of rental properi es receiving rehabilitation assistance through the HOME program must incorporate ongoing lead-based paint maintenance activities into regular building operations. EBL Requirements Environmental Intervention Blood Lead Level Requirements If an EBL child is identified, chewable surfaces must The new regulation does no;require action by grantees when a child wi'm an be tested for lead-based paint and treated as environmental intervention blood lead level is found to be living in a unit that has necessary. received rehabilitation assistance. 9 TABLE 2: TENANT-BASED RENTAL ASSISTANCE ACTIVITIES CURRENT REQUIREMENTS NEW REQUIREMENTS -Applicability Applicability Under the argent regulation,the lead-based paint requirements for The new regulation outlines lead-based paint requirements specifically for tenant-based rental assistance activities are the same as those for other Federally funded tenant-based rental assistance work. These requirements program.acHtles. Each CPD program has its own lead-based paint apply to HUD programs thal provide assistance for tenant-based rental regulation. assistance,including CPD-Pinded tenant-based rental assistance activities. Lead-based paint requirements are similar across CPD programs(most simply refer to 24 CFR 35).The general requirements that apply to all these programs are described below. Notification Notification Occupants must receive a notification aboul the potential pi esence and Sarre as current requirement. hazards of lend-based paint. Notification can be achieved through the The new regulation also requires vri,en police to occupants inforing Lhen of distribution of the EPA i2.UDrCPSC lead-based paint hazard information lead hazard evaluation or reduction az:tiv:ties- pamphlet. All property owners(both subsidized and market rte)must disclose avaiLble inforriation about the presence of lead-based paint and provide prospective buyers/occupants with any existing documentation of known lead-based paint hazards in the dwelling unit. Visual Inspection Visual Assessment Units occupied by families with children under age seven must be Under the new regulation,units cccuried by families V;ilh children under ace six usually inspected fordafective paint surfaces prior to occupancy and on must be inspected for deteriorated p=air;ssrfac s.A visual assessment is a an ongoing basis. visual search for cracking;scaling,p`!ing,or chipping paint. Treatment Paint Stabilization { Defective paint surfaces must be safely treated within 30 days of the AI!deteriorated paint surf,jac s in atdw•elling rust undergo paint stabilization. ins�.ion either by covering the surface with permanent wall covering Paint stabilization is similar to the tra_tnent activities required under current (such as wallboard)or by s�aping and repainting the surface. regulations. However,additional sofa, ards must be implemented to renkca the r'sk of creating l=aded dust. Safe Work Practices Safe Ylork'Practices Current regulations establish some provisions regarding safe and Paint slabilization must ba perornea using safe work practices. The n�,v prohibited me hCds.for work, regulation has more extensive reauire.meats for safe vror<pro ices,including,an list of prohibits n—hods. The,e are additional safety pr-�utions for occupant prolection,vloritsite preparat+dn,and cleanup activities,. Clearance Clearance Not required. .L_. =:paint stabilization,a clearance exa„inC ion must be parflorm ad by a C_--niried professional to ensure that all required work was done and no I--'- based paint hazards remain. CkLsi aec_,involves a visual assessment aid dust testing a-,ter cleanup is complete. Ongoing Maintenance and Monitoring Ongoing Maintenance None required. Owners of all tenant-based rental assistance properties must incerpora!e f ongoing lead-based paint maintenance&--livities into .reau!zr builaing opar ors. EEL Requirements Environmental Intervention Blood Lead Level Requirements Han EBL child is identia-ed: hewable surfaces must be tested. f lead- If child with an environmental intervention blend lead level is idenliied,the based paint is present,the surfaces must be abated. owrer must complete a risk as_essman!of the dwelling unit where the child resides within 15 calendar days and=duel interim controls or abatemeit within 15 calendar days of risk assess-ant to control Lhe identii ed lend hazards. The granter must communicate vrlh S,_'e and local health ze=_ncies to prord_ and receive iden'0cation information ctoul,children Mah environrnerrizl intervention blood lead levels.Ouat y,gran;eei5 must ma!C.6hfoTZ5on c.i { environmental intervention blood lead I_•re!cases with names and addresses of i families receiving Federal assistance. ! 10 TABLE 3: ACQUISITION, LEASING, SUPPORT SERVICES, AND OPERATIONS ACTIVITIES CURRENT REQUIREMENTS NEW REQUIREMENTS Applicability Applicability Under the current regulation,the lead-based paint requirements for The new regulation outlines lead-based paint requirements s�cificeil.y for acquisition,leasing,support services,and operations activities are the Federally funded acquisition,leasing,support services,and operations worse. same as those for other program activities. Each CPD program has These requirements apply to HUD programs that provide assistance for its own lead-based paint regulation. z uisi6on,leasin ,su cq g ppt�rt Service_,and orations activities,including CFD Lead-based paint requirements are similar across CPD programs furded acquisition,leasing,support services,and operations activities. (mcst simply refer to 24 CFR 35).However,the HOME program has the most extensive guidance on requirements,but it differs from other prcgrams by spzgirying activities that are exempt. The general requirements that apply to all these programs are described below. Notification Notification Purchases and occupants of properties constructed prior to 1978 Same as current requirement. must receive a notification about the potential presence areal hazards The new regulation also requires wi„en notice to occupants info ming bhern of of lead-based paint. This can be achieved through the distribution of lead hazard evaluation or reduv ion acdvities. the EPA/HUD/CPSC lead-based paint hazard information pamphlet. All property owners(both subsidized and market rate)must disclose available informaGon about the presence of lead-based paint and provide prospective buyers/occupants with any existing documentation on known lead-based paint hazards in the dwelling unit. Visual Inspection Visual Assessment Properties constructed prior to 1978 must be visually inspected for Under the new regulation,insp=-cticrs for de!eriora(ed pain!sure aces are de:`ective pains sUrf2 required in properties constructed prior to 1978. A visual assessment is a visual search for crackino,sc2lirc,piling,or chipping paint. Escraping Paint StabilLation urfaces must be safely treated either by covering the All deteriorated paint suraces nust undergo pain(stabilizaticn. Paint anent wall covering(such as wallboard)or by stabilization is similar to the treatinent activities required under curent ainting the surface. reoulations However,additional sat guards must be implemented to re=duce the risk of le..aded dust. Safe Work Practices Safe Work Practices Cur-,ant regulations establish some provisions regarding safe and Paint stabilization must be perorm:-.d using s-fe work pre. u The new Prohibited methods for work, raulation has more-extensive requirements for safe work p:ac:tices,inducting an updated list of prohibited met.`faas. There_are additional scfety precautions for ctcupant protection,woeksite preparation,and cleanup ac'dvities. Clearance Clearance Not required. After paint stabilization,a cieaznca examination must ,dom by a certified professional to ensure.Shat all required work was done and no leers based paint hazards remain. Clearance involves a visual assessment and dus4 testing afterdeanup is complete. Ongoing Maintenance and Monitoring A oing Maintenance None required. t�cs of acquisition,leasing,Support services,and operations acti rres incorporate ongoing lead-based paint maintenance aCtvides into r�u�!a: ng operations. V EEL Requirements onmental Intervention Blood Lead Level Requirements If,an EBL child is identred,chewable surfaces must tie tested for The na',v regulation does not require action by grantees when a wild w th an lead-based paint and b-eated 2s ne,_-e ssary, environmental intervention blood lez-d IeYel is found to be living in a unit that has received a_-quisibon,leasing,support services,oroperaticns assistar-w. 11 ATTACHMENT 6 SPECIAL REQUIREMENTS FOR INSULAR AREAS[24 CFR 35.940) Insular areas are U.S. territories, including American Samoa, Guam, Mariana Islands, Micronesia, Republic of the Marshall Islands,Republic of Palau; Puerto Rico, and Virgin Islands. These areas face conditions that make it an unreasonable burden to meet some of the new lead-based paint rehabilitation requirements.' Special provisions in the new regulation establish less stringent rehabilitation-requirements for granges 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 worlk site must pass a clearance examination before occupants are allowed to return to areas where work was performed. Federal funding over$5,000 per unit. Reduced lead hazard evaluation and reduction requirements are established-for projects in insular areas for.rehabilitation greater than$5,000.-Before rehabilitation work starts,a visual assessment must be conducted by someone trained to identify deteriorated paint. (There is no paint testing or risk assessment requirements.) Grantees'.must conduct paint stabilization on all deteriorated paint and all surfaces that will be disturbed during rehabilitation. (There are no interim controls or abatement requirements.) The dwelling units and common areas that service those units must pass a clearance examination before occupants are allowed to occupy rooms or spaces where paint stabilization took place. 12 Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards Lead Waming Statement Every purchaser of any interest in residential real property on which a resideng dwelling was built p rior to I is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage including leaning 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 res]dentiai real property is required to provide the buyer with any in on lead-based paint hazards from risk assessments or inspections in the sellers 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(ii) below): a (I) Seiler has provided the purchaser.with all available records and reports pertaining to lead- based paint and/or lead-based paint hazards in the housing(list documents below). (ii) Seiler has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Purchaser's Acknowledgment (initial) (c) Purchaser has received copies of all information listed above.. (d) Purchaser has.received the pamphlet Protect Your Familyfrom Lead in Your Home. (e) Purchaser has (check (i) or (ii) below): (I) received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assess- ment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or (Ii) waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards.. Agent's Acknowledgment(initial) M 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. Selier Date Seller Date Purchaser Date Purchaser Date Agent Date Agent Date Dedarad6n de Informad6n sobre Pintura a Base de Piomo y/o Peligros de la Pintura a Base de Plomo Declaradbn sobre Jos Peligros del Plomo Se notlfrca a todo comprador de cualquler Inters en propledad real resldendal en la cual fue construlda una vlvlend residential antes del ano 1978,que dicha propledad puede presentar una exposld6n a plomo de la pintura abase de plomo que podrla poner a nlnos f6venes en sltuacl6n de riesgo de desarrollar envenenamlento de plomo. EI envenenamlento de plomo en ninos J6venes puede produc/r danos, neurol6 Icos ol l ae d e o cociente de Intellgencla reducldoproblemas de comportamlentmemorla danadElenvenamlen de plomo tamblen represents un pellgro esp.edal Para las muf eres embarazadas. El vendedor de cualquler Inter&en una propledad rlvada real resldencial tiene la obligaddn de proporcionarie al comprador toda la Informaclbn que p I a base de plomo que se hayan determinado en evaluadones o lnspecciones de riesgo y de notifrcarle al comprador sobre cualquler peligro que conozca de la pintura abase de plomo. Se recomienda realizarquna valua l6n o Ins pe cl6 de la pintura peligros de la pintura a base de plomo antes de la compra. p de posibles Declaraci6n del Vendedor (a) Presencia de pintura a base de plomo y/o peligros de pintura a base de plomo (marque (i) o (ii)abajo): (r) (expl gnue ). que hay pintura a base de plomo y/o peligro de pintura a base de plomo en la vivlenda (ii) El vendedor no tiene ningun conocimiento de que haya pintura a base de lomo /o ell pintura a base de plomo en la vivienda; P Y p gro de (b)Archivos e informes disponibles para el vendedor(marque-(i),6 (ii) abajo): - (i) E! vendedor le ha proporcionado al comprador todos los os con pintura a base de plo archivos e Informer disponibles relaciona- documentos abajo). dos y/o peligro de pintura a base de plomo en la vivlenda (anote los (ii) EI vendedor no tiene archivos ni informes relacionados con pintura a base de plomo y/o ell ro de pintura a base de pi6mo en la vivienda. p g Acuse de Redbo del.Cornprador(initial) (c) Ei comprador ha recibido copias de toda la information indicada arriba. (d) El comprador ha recibido el folleto titulado Proteja a Su Familia del Plomo en Su Casa. (e) El comprador ha (marque (1) 6 (ii) abajo): 0) recibido una oportunidad por 10 dial (o un per odo de tiempo de mutuo acuerdo) para hater una evaluacidn o inspection de riesgo de presenda de pintura a a base de plomo; o base de plomo o de peligros de pintura (ii) renunciado a la oportunidad de hater una evaluad6n o inspecci6n de riesgo de presencia de pintura a base de plomo o de peligros de pintura a base de plomo. Acuse de Recibo del Agente (initial) (fl El agente le ha informado al vendedor de las obligadones del vendedor de acuerdo con 42 U.S.C. 4852(d) y esta consciente de su responsabilidad de asegurar su cumplimiento. Certifrcaci6n de Exactitud Las partes siguientes han revisado la informati6n que aparece arriba y certifican que, segon su entender, toda la information que han proporcionado es verdadera y exacta. Vendedor Fecha Vendedor Fecha Comprador Fecha comprador Fecha Agente Fecha Abente Fecha =c z x'*-.tom Qom`''- �'.,,,_ • t � `a Are Vou Planning To guy, Rent, or Renovate a Horne 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: LANDLORDS have to disclose known t<� infor- mation on lead-based paint and lead-based i paint hazards before leases take effect. _ Leases must include a disclosure form about lead-based paint. SELLERS have to disclose known informa- tion on lead-based paint and lead-based - paint hazards before selling a house. Sales contracts must include a disclosure form about lead-based,paint. Buyers have up to - :,: 10 days to check for lead hazards. rti .fir. y RENOVATORS have to give you this s pamphlet before starting work. (After June 1, 1999.) IF YOU WA;'dT 11JIORE INFORMATION -, on these requirements, call the l National Lead Information Clearinghouse ` ` at 1-800-424-LEAD. Xfhi . ._.-.............._._......__-............._............._.._............ ............................................ This document is in the public domain. It may be reproduced by an individual or organization without permission. Information provided in this booklet is based upon current scientific and technical understanding of the issues presented and is reflective of the jurisdictional boundaries established by the statutes governing the co-authoring agencies. Following the advice given will not necessarily pro- vide complete protection in all situations or against all health hazards that can be caused by lead exposure. IMPORTANT[ Lead F1.0m Paint, gust, and Soil Can Be Dangerous If Not mahapcj 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. FPICT; Removing lead-based paint improperly cari increase the danger to your family. If you think your home might have lead hazards, read this pamphlet to learn some simple steps.to protect your family. Lead Gets in the Sod i n.M a y M}ys In the People can get lead in their body if they: United Put their hands or other objects States, covered with lead dust in their mouths. aoUi Eat paint chips or soil that contains 900,000 lead. children ages Breathe in lead dust ('especially during I to 5 have a renovations that disturb painted blood-lead surfaces). lvttel abate the . Lead is even more dangerous to children �`� of than adults because: Babies and young children often put Egan Children their hands and other objects in their c 1hO aPoear mouths. These objects can have lead heLllth� can dust on them. 1laVe WPt7get-- 11> Children's growing bodies absorb more ous levels of lead, lead hi their Children's brains and nervous systems bodies. are more sensitive to the damaging effects of lead. 1 x S . - CI<J fit, Lead's Effects If not detected early, children with high levels of lead in their from: bodies can suffer C Damage to the brain and nervous system u*z.n arN--nn-Liz rZ_ Behavior and learning N;acc, problems (such as h Slowed growth hyperactivity) Hearing problems i:.cyy j Headaches :���.� Lead is also harmful to adults. qd can suffer from: alts Difficulties during pregnancy 3 Other reproductive problems (in both men and women) High blood pressure Digestive problems Nerve disorders r :n,:,1:ai" w < Memory and concentration Problems rd,},h; Q Muscle and joint pain Lei-id affects the body in Many ways. . . i L here Lead-Based Paint Is I'eund In general, Many homes built before 1978 have lead- the ©ldal" ou based paint. The federal government banned lead-based paint from housing in here' the 1978. Some states stopped its use even n-lore likely it earlier. Lead can be found: has le8d- In homes in the city, country, or suburbs. based paint. In apartments, single-family homes, and both private and public housing. Inside and outside of the house. 4 In soil around a home. (Soil can pick up lead from.exterio.r paint or other sources such as past.use of leaded gas in cars.) �C,......�e..�c. -k i ��L � Family for" Lead Get your To reduce your child's exposure to lead, get your child checked, have your home Children and tested (especially if your home has paint home tested in poor condition and was built before ti YOU think 1978), and fix anyhazards you may have. your home Children's blood lead levels tend to increase has high leV- rapidly from 6 to 12 months of age, and tend to peak at 18 to 24 months of age. els 0f lead. - Consult your doctor for advice on testing your children. A simple blood test can detect high levels of lead. Blood tests are usually recommended for Children at ages 1 and 2. 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. i Where Lead Is Likely To ge Lead-based paint that is in good condition is usually not a hazard. Peeling, chipping, chalking, or cracking ead from lead-based ai is a hazard and needs g paDtlt ci�i}�s, immediate attention. Which you Lead-based paint,may also be a hazard can scree' and when found on surfaces that children can lead dust, chew or that get a lot of wear-and-tear. mihich yot! These areas include: can't always Windows and window sills. seer can both Doors and door frames, be serious Stairs, railings, and banisters. haZa ds. Porches and fences. — Lead dust.can form when lead-based paint is dry scraped, dry sanded, or heated, Dust also forms when painted surfaces bump or rub together. Lead chips and dust can get on surfaces and objects~ µ .. .w that people touch. Settled lead dust can re-enter the air when people vac- uum, sweep, or walk through it. � t< Lead in soil can be a hazard when r ' children Play in bare soil or when _ people bring soil into the house on their shoes. Call your state agency � s see page 11) to find out about test- t, _�- ing soil for lead. F r-�— a T a x JW. t i Checking Your HoI-ne 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 has lead- A paint inspection tells you the 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 }lOu if there should deal with it. is a hazard. A risk assessment tells you if there are any sources of serious lead exposure (such as peeling paint and lead dust). It also tells you what actions to take to addre�ssahese-hazards. Have qualified professionals do the work. There are standards in place for certifying lead-based paint professionals to ensure the .work is done safely, reliably, and effectively. Contact your state lead poisoning prevention program for more information. Call 1-8o' 424-LEAD for a list of contacts in o y ur area. r y� Trained professionals use a range when checking 9 of methods ecking your home, including: Visual inspection of paint condition and r ° location. A portable x-ray fluorescence (XRF) machine. Lab tests of paint samples. Surface dust tests. Home test kits for lead are available, but studies suggest that they are not always accurate. Consumers should not rely on these tests before doing renovations or to assure safety. 6 What You Can Do Novi To Protect )(Our Family If you suspect that your house has lead hazards, you can take some immediate ~` steps to reduce your family's risk: If you rent, notify your landlord of peeling or chipping paint. -' =-^'` Clean up paint chips ... . immediately. -�— Clean floors, window frames, window sills �- ,�M'�'"`F�;•� i and other surfaces weekly. Use mop or sponge with warm water and a general all-purpose cleaner or a Ilea 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 cleanin g y or dusty y areas. Wash children's hands often 'es ^` pecial- =� � ly before they eat and before nap time f` S and bed time. Keep play areas clean. Wash bottles, Pacifiers, toys, and stuffed animals ` regularly. > Keep children from chewing window sills or other painted surfaces, Clean or remove shoes before entering your home to avoid )1. tracking in lead from soli,` Make sure children eat nutritious, low- I fat meals high in iron and calcium such as �-� �. ;• r.�� �_ spinach and dairy products. (0 Children with good diets absorb �;: �i. less lead. Ii---li ;, 7 Hfl"J TO Significantly Reduce Lead Hazards Removing In addition to day-to-day cleaning and good nutrition: lead i �. * You can temporarily reduce lead hazards `` 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 YOUr family actions (called "interim controls") are not fl permanent solutions and will need ongo- 5 3;wading ing attention. even more lead dust To permanently remove lead hazards, td ��� You must hire a certified .lead lead "abate- hment" contractor; Abatement (or perma- nent hazard elimination) methods include removing, sealing, or enclosing X11 �fys case a lead-based paint with special materials. Pro essio'naj vilho Just painting over the hazard with regular is `'ain' ad to paint is not enough' remove lead hazards sa;ely. Always hire a person with special training for correcting lead problems—someone who knows how to do this work safely and has the proper equipment to clean up ;;...._._: : thoroughly. Certified contractors will employ qualified workers and follow strict safety rules as set by their state or by the federal ' g overnment. Call your state agency see page 11 for ;help.with locating certified contractors in your area and to see if financial assistance is available. i J i2 Remodeling or Renovating a Home With lead-Based Paint Take precautions before your contractor or you begin remodeling or renovations that --- disturb painted surfaces (such as scraping off � gout walls): -�� paint or tearing .:� Have the area tested for lead-based paint. not use a � a belt-sander, propane heat un 9 dry scraper, or dry, sandpaper to remove lead-based paint. These actions create large amounts of lead dust and fumes. Lead dust can remain in your home longi after the work is done. not Temporarily move your family (espe- conducted cially children and pregnant women) P' ope l.�r out of the apartment or house until c'-e taro types the work is done and the area is prop- Of renova- erly cleaned. If you can't move your LiADS can family, at least completely seal off the c' Sa dead work area. g e % Follow other safety measures to f3 ohl paint reduce lead hazards. You can find out and dust into about other safety measures by calling � air. 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 alread y completed r P enova M, lions or remodeling that could have {--°°•°°<� � ':��:=�.�': : released lead-based paint or dust, get .~ ` r . your young children tested and follow. G EF is the step ed on page 7 of this brochure. 9 Other Sources of Lead Drinking water. Your home might have Plumbing with lead or lead solder. Call your local health department or water f supplier to find out about testing your water, You cannot see, smell, or taste lead, and boiling your water will not get rid of lead. If you think your plumbing might have lead in it: Use only Coldwater for drinking and t�} ile p�in�, dust, cookie and sail are the g most cornmon Run water for 15 to 30 seconds IQad hazards, before drinking,it, especially if you o her`tead have not used your water for a few sacrrces also exist. hours. >,The job. If you work with lead, you could bring it home on your hands or clothes, Shower and change clothes before coming home. Launder your work clothes separately from the rest of your family's clothes. Old t painted toys and furniture. Food and liquids stored in lead crystal or lead-glazed pottery or porcelain. Lead smelters or other industries that release lead into the air. Hobbies that use lead, such as making Y pottery or stained glass, or refinishing furniture. Folk remedies that contain lead, such as 11 greta" and "azarcon" used to treat an upset stomach. 10 For More Information The National Lead Information Center Call 1-800-424-LEAD to learn how to protect children from lead poisoning and for other information on lead hazards. (Internet: vvww.epa.gov/lead and uvvvw.hud.govllea). For the hearing impaired, call the Federal Information Relay Service at 1-800-877- 8339 and ask for the National Lead Information Center at 1-800-424-LEAD.' -800-42 ,., 4-LEAD. -.,-:\ ;. V 3 EPA's Safe Drinking later Hotline Call 1-800-426-4797 for information about g�` lead in drinking water. Consumer Product Safety Commission Hotline To request information on lead in >' ` consumer rodu. ?` ' P cts, or to report an E �T'•` ' unsafe consumer product or a prod- 9 ' uct-related injury call 1-800-638- 2772. (Internet: wwwC�cpsc.gov), For the hearing impaired, call TDD 1- t : ••- �~"` 800-638-8270. � -\ State Health and Environmental Agencies Some cities and states have their own rules for lead-based paint activities. Check with your state agency to see if state or local laws apply to you. Most state agencies can also pro- vide information on finding a lead abatement firm in your area, and on possible sources of financial aid for reducing lead hazards. Receive up-to-date address and phone infor- mation for state and local contacts on the Internet at www.epa.gov/lead or contact the National Lead Information Center at 1-800-424-LEAD, i1 EPA Regional Offices Your Regional EPA Office can provide further information regard- ing regulations and lead protection programs. EPA Regional Offices Region 1 (Connecticut. Massachusetts, Region 6.(Arkansas, Louisiana. New Maine, New Hampshire, Rhode Island, Mexico, Oklahoma, Texas) Vermont) Regional Lead Contact Regional Lead Contact U.S. EPA Region 1 U.S. EPA Region 6 Suite 1100(CPT) 1445 Ross Avenue, 12th Floor One Congress Street Dallas, TX 75202-2733 Boston, MA 02114-2023 (214) 665-7577 1 (888) 372-7341 Region 2 (New Jersey, New York, Region 7 (Iowa, Kansas, Missouri, Puerto Rico, Virgin Islands) Nebraska) Regional Lead Contact Regional Lead Contact U.S. EPA Region 2 U.S. EPA Region 7 2890 Woodbridge Avenue (ARID-RALI) Building 209, Mail Stop 225 901 N. 5th Street Edison, N1 08837-3679 Kansas City, KS 66101 .(732) 321-6671 (913) 551-7020 Region 3 (Delaware, Washington DC, Region 8 (Colorado, Montana, North Maryland, Pennsylvania, Virginia, West Dakota, South Dakota, Utah, Wyoming) Virginia). Regional Lead Contact Regional Lead Contact U.S. EPA Region 8 U.S.EPA Region 3 (3WC33) 999 18th Street; Suite 500 1650 Arch Street Denver, CO 80202-2466 Philadelphia, PA 19103 (303) 312-6021 (215) 814-5000 Region 4 (Alabama, Florida, Georgia, Region 9 (Arizona, California, Hawaii, Kentucky, Mississippi, North Carolina, Nevada) South Carolina,Tennessee) Regional Lead Contact Regional Lead Contact U.S. EPA Region 4 U.S. Region 9 61 Forsyth Street, SW 75 Hawthorne Street Atlanta, GA 30303 San Francisco, CA 94105 (404) 562-8998 (415) 744-1124 Region 5 (Illinois, Indiana, Michigan, Region 10 (Idaho, Oregon, Washington, Minnesota, Ohio, Wisconsin) Alaska) Regional Lead Contact Regional Lead Contact U.S. EPA Region 5 (DT-81) U.S. EPA Region 10 77 West Jackson Boulevard Toxics Section WCM•128 Chicago, IL 60604-3666 1200 Sixth Avenue (312) 886-6003 Seattle, WA 98101-1128 (206) 553.1985 •;2 INDEPENDENT AUDIT REOUIREMENT BUSINESS/AGENCY NAME: PROGRAM: AMOUNT FUNDED: $ Name of Independent Auditor who will perform agency audit: (Independent Auditor) Date audit is to perform: (Month and Year) The following language is a condition of your contract with the City: "In accordance with OMB Circulars A-128 and A-133, for all contracts in the amount of$300,000 or more, Contractor must submit to City an annual audit of its program operations and finances, covering either its fiscal year during which this contract is in force or covering the period of this contract. This audit must be prepared by an independent certified public accountant and must be submitted within three (3) months of its completion . Costs of preparation of this audit may be an allowable expenditure of federal funds in an amount proportional to that of the federal funds used in Contractor's total agency operating budget." Signature Date CPSC Regional Offices Your Regional CPSC Office can provide further information regard- ing regulations and consumer product safety. Eastern Regional Center Mstern Regional Center 6 World Trade Center 600 Harrison Street, Room 245 Vesey Street, Room 350 San Francisco, CA 94107 New York. NY 10048 (415) 744-2966 (212) 466-1612 Central Regional Center 230 South Dearborn Street Room 2944 Chicago, IL 60604-1601 (312) 353-8260 HUD Lead Office Please contact HUD's Office of Lead Hazard Control for informa- tion on lead regulations, outreach efforts, and lead hazard control and research grant programs. U.S. Department of Housing and Urban Development Office of Lead Hazard Control 451 Seventh Street, SW, P-3206 Washington, DC 20410 (202) 755-1785 I3 Sirrpte Sups 'fo Protect Youra�nii T FCCam Leac[ tazartls LE ci a i °ter i • • •• ^�3< ,- �` " ITSt Y •.� a �? r 4 s _ M P4:f • • • • • ••• ' • '• vs a c'�'` s - �• • • '�• • '• •• • F�' �Ooi az frs�.Y•t" �, cry r_" �^if i t` . .'. Kc.�._.;^°'•H3?=f:�:i'�i� ,:�nxcKec.i..v,-'„f<U..tral..'?`:;a:;�e •e ..cx.� F.�`• �.. �,g- ..-AMY-- _ � ..... Z.(S' f-::uw'�'.'3_.rCt}i_•.FU...-gl:a _^.> .bc¢c{;K<y.i'u 3'�.c'_ c'j"_ -:_�_ F- 33 r _=- -� -Y ^'�h 6 �F u ,....,t,t.y •'�-ue.'nqh .. s�' F- 'g'- s r-r�,yr; RS�I N� ���F, „f,.� .�s P ...Yoh" .C...K.su r• _.:.�4K ri'�'a.` .�.�.._: !�' ...�. �.� �—^-.:���t �-. ^i.�. �4y,f� ,i-r--. INDEPENDENT AUDIT REQUIREMENT i BUSINESS/AGENCY NAME: PROGRAM: AMOUNT FUNDED: $ Name of Independent Auditor who will perform agency audit: (Independent Auditor) Date audit is to perform: (Month and Year) The following language is a condition of your contract with the City: "In accordance with OMB Circulars A-128 and A-133, for all contracts in the amount of$300,000 or more, Contractor must submit to City an annual audit of its program operations and finances, covering either its fiscal year during which this contract is in force or covering the period of this contract. This audit must be prepared by an independent certified public accountant and must be submitted within three (3) months of its completion . Costs of preparation of this audit may be an allowable expenditure of federal funds in an amount proportional to that of the federal funds used in Contractor's total agency operating budget." Signature Date h CITY OF FORT'WORTH ATTACHMENT I HOUSING DEPARTMENT SUBGRANTEE'S REQUEST FOR FUNDS gency Program Name: Contract Number: Report Period: Date of Request: z CASH BALANCE ANALYSIS FOR 1. Beginning Cash Balance 2. Amount Received: Program Income $ $ City of Fort Worth $ $ Interest Earned $ $ 3. Total Funds Available(1 +2) $ $ 4. Less Expenditure(detail statement cost) $ $ 5. ENDING CASH BALANCE (3-4) $ $ I INNER 6. Estimated Expenditures $ 7. Funds Needed(6-5) $ 8. Less Estimated Program Income $ 9. Unpaid Request for Payment Previously Submitted $ 10.Amounf of This Request(7-8 &9) fl L MARS-Purchasing Request A. MARS INPUT: Vendor/PO Number/Requisition Number B. Fund/Account/Center C. Total Amount of this Request mg I. Verification A. Model Blocks Planner: B. Contract Manager: C. Accounting: 2. Authorization A. Agency: B. Mgmt&Budget Administrator Housing Director IF OVER 58,500.00 CITY OF FORT WORTH ATTACHMENT II HOUSING DEPARTMENT MANAGEMENT AND BUDGET DIVISION DETAIL STATEMENT OF COSTS AGENCY CONTRACT NO. DATE PROGRAM TO REPORT PERIOD PROGRAM MONTHLY CUMULATIVE COST CATEGORY ACCOUNT. BUDGET EXPENDTI URES TO DATE BALANCE PERSONAL SERVICES Salaries 516010 FICA . 518010 Life Insurance 518050 Health Insurance 518060 Unemployment-Federal 518090 Unemployment Tax-State 518090 Worker's Com p 518040 Retirement 518070 SUPPLIES Office supplies 521010 Ponta e 521020 Teachin Aids 522030 Food Supplies 522030 Other Operatmg Operating Supplies 523300 CONTRACTUAL SERVICES Tele hone 535040 Electric 535020 Gas(Utility) 535010 Water/Waste Disposal 535030 Rent(Building) 537010 Custodial Services 539220 Office E ui ment Rental 537030 Prmtln 533030 Re airs 53600 Fideli Bond 538210 Liabili Insurance 534020 Le al&Accounti-a 538060 Private Auto Allowance-Local 532130 Advertisin 533010 Conferences&Seminars 531180 Contractual Services 539120 Indirect Cost 517010 CAPITAL OUTLAY Furniture,Fixtures 541330 Office E ui ment 541370 Pro e Insurance TOTAL Sub-Contractors Certification: I certify that the costs incurred are taken from the books of accounts and that such costs are valid and consistent with the terms of the agreement. NAME and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE CITY OF FORT WORTH ATTACHMENT M HOUSING DEPARTMENT MANAGEMENT AND BUDGET DIVISION EXPENDITURES WORKSHEET AGENCY CONTRACT NO. DATE PROGRAM TO REPORT PERIOD CHECK NO. DATE # PAYEE DESCRIPTION ACCOUNT NO. AMOUNT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TOTAL Sub-Contractors Certification: I certify that the costs incurred are taken from the books of accounts and that such costs are valid and consistent with the terms of the agreement. .NAME and TITLE OF At'THORIZED OFFICER SIGNATURE and DATE ATTACHMENT IY MONTHLY NARRATIVE REPORT MONTH REPORTING FROM: TO: I . ACCOMPLISHMENTS II . ADDITIONAL COMMENTS REGARDING ACCOMPLISHMENTS THIS MONTH: III . PROBLEMS ENCOUNTERED AND SOLUTIONS PROPOSED: IV. ANTICIPATED ACTIVITIES DURING NEXT MONTH: F City of Fort Worth, Texas Mayorand Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 9/3/02 **C-19216 05SOUTHEAST 1 of 2 SUBJECT REALLOCATION OF FUNDS AND AWARD OF CONTRACT TO THE NEAR SOUTHEAST COMMUNITY DEVELOPMENT CORPORATION, INC. RECOMMENDATION: It is recommended that the City Council: 1. Approve the reallocation of $86,408.63 in the HOME Revolving Loan Fund from the 2001 program income to the Near Southeast Community Development Corporation, Inc. (NSECDC); and 2. Authorize the City Manager to execute a contract with NSECDC to administer the program income funds to further housing activities in the Near Southeast area; and 3. Authorize the City Manager to amend, extend and renew this contract, as needed, to achieve project goals provided the amendment, extension or renewal is within the scope of the project and in compliance with applicable laws and regulations; and 4. Authorize the amendment to the City's Annual Consolidated Plans for 2001 to reflect the changes in the use of HOME funds as listed above. DISCUSSION: The NSECDC is the development arm of the Near Southeast Model Blocks. After receiving the $1.2 million award, the Near Southeast Model Blocks residents created and empowered the NSECDC to carry out on their behalf community development activities including housing and economic development projects. The NSECDC has been certified by the City as a Community Housing Development Organization (CHDO). On April 23, 1996 (M&C C-15417), the City Council approved $196,595.00 in HOME funds for the NSECDC to acquire, rehabilitate and sell three houses to first-time homebuyers and to fund administrative costs associated with the housing development activities. The NSECDC has generated $86,408.63 in program income in this fund and has requested that this amount be reallocated to them for further housing development activities in the Near Southeast area. Since its creation, the NSECDC has been very active in improving the Near Southeast area. They have developed a computer center, built and rehabilitated 8 houses, purchased 20 vacant lots for infill housing, and sponsored many community improvement activities such as: clean up, paint projects, youth activities, and crime prevention activities. The NSECDC has also played an important role in the development of the Evans Avenue and Rosedale Cultural District. The NSECDC plans to continue their revitalization activities. The proposed program income allocation will help the NSECDC achieve this goal. On August 13, 2002, the above proposal was endorsed by the Economic and Community Development Committee for City Council approval. City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 9/3/02 **C-19216 05SOUTHEAST 2 of 2 SUBJECT REALLOCATION OF FUNDS AND AWARD OF CONTRACT TO THE NEAR SOUTHEAST COMMUNITY DEVELOPMENT CORPORATION, INC. The Near Southeast Community Development Corporation, Inc. is located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations, funds will be available in the current operating budget, as appropriated, of the Grants Fund. RR:n Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) GR76 444080 005206072000 $86,408.63 Reid Rector 6140 Originating Department Head: Jerome Walker 7537 (from) APPROVED 09/03/02 GR76 444082 005206072000 $86,408.63 Additional Information Contact: Jerome Walker 7537