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INi�RLOCA� A����iW�NT �ET1�V��h1 iH�
CIiY O�' �ORT 1d910RTH A�� CI�Y �� �Ei��ON
This Agreement is made and entered in�o by and beiween the City of Fort War�h,
Texas, a municipal corporation located in Tarrant, Denton a�d Wise Cour�ties, acting by
and through Reid Rector, its duly authorized Assistant City Manager, hereinafter
refierred to as CITY, and the City of Denton, Texas a municipal carparation located in
Denton County, hereinaiter re�erred to as CONTRACTOR.
WHEREAS,
Housing and Urban
(LHCP); and
CITY has recei�ed certain �unds fram the U.S. Department of
De�elopment under its Lead-Based Paint Hazard Control Program
WHEREAS, CITY has adopted a�udget for such funds and included therein an
au�horized expenditure of funds for miiigation and removal of fead-based paint hazards
in r�arious focations within CONTRACTOR'S corporate limits; and
WHEREAS, CITY has designated the Fa� Worth Housing Department as the unit
responsible far the administration of this Agreement and a�l matters pertaining thereto;
and
WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project;
and
WHEREAS, CONTRACTQR is a duly organized polit�cal subdivision of tF�e S#ate
of Texas engaged in the admi�istration of municipal government, i�cluding the pro�ision
of stabilization ancl/or remo�al of lead-based paint hazarrls f�om structures which pase a
threat to the heal�h of its citizens; ar�d
WHEREAS, CITY is a mu�niciAa�ity eng�ged in the pro�ision of m�nicipa� services
within its jurisdiction, inclu�ing the adminisfration of federal �unds �ecei�ed by it under
tf�e �ead-Based Paint hazard Control Act of 1992, as amended; and
WHEREAS, this Agreement in�olves gavernmentaf functions that each party
individualfy can pertorm; and
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WHEREAS, the pro�ision of these services is a go�err�menta� funetion tha#
serves the public health and welfare, anc� is of mt�tual concern to the confracting parties;
and
WHEREAS, CITY will make payments fram current revenues and
CONTRACTOR agrees that these paymen�s by CITY fiairly compensate it for the
services perfoeme�; and
WHEREAS, CONTRACTQR and CITY mutually desire to be subjeet to �he
pro�isions of V.T.C.A. Go�'t Code ch. 791, the Interloca! Covpera�ion Act, and all other
applicable statutes artd laws �ursuanf fhereto;
NQW, THEREFORE, the parties hereta agre�, and by t�e exeeution hereof are
bound to the mu�ual obligatians and #o the performance an� accamplishment of #he
cor�ditions hereinafter described.
�.
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This agreement sha�l commence on or as of April 1, 2002, and s�tall terminate on
March 31, 2005 unless adjusted by GiTY. Request for such an adjustment must be in
writing an� is to be submitted to CITY's Housing Department, 908 Monroe, Fort Worth,
Texas, 7+6102.
�.
f��S�OIVSI�I�i f I�S
C�NTRACTOR hereby accepts responsibility for carrying out ail activities
described irt the Scope of Work attached hereto as Attachment "A", in a s�tis�actory and
efficient manner as determined by CITY, in accordance with the #erms herei�.
CONTRACTOR hereby accepfis responsibility for assuring the complete
performance a� all services and activities. The CONTRACTOR will perForm in
accordance with the Project Budget attached hereto as attachment B, and the Work
Pfan Goals and Objectives and Performance Milestones attached hereto as A#tachment
"C", in a satisfactory and efficient manner as determined by CITY, in accordance with
the terms herein. CITY �nc�erstands that CONTRACT4R intends to obtain appropriat�
agreemen#s as necessary to ensure performance of the terms and conditions of this
Agreement.
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FYd-Denton interlooal lead paint
CITY will consider CONTRACTOR's Comm�nity Development Adminisirator to
be the CONTRACTOR'S representative responsible for the management of a!I
contractual matters pertaining hereto, unless written noti�catian to the contrary is
received from CONTRAGT�R, and, approved by CITY. CITY's Housing Director wiil be
the CITY'S represen#ati�e responsible for the administra�ion of #his Agreement.
3,
CI�1("S Of�LlC�►TION
A. Limit of Liability. Notwiths#anding any other proWision af the Agreement, the
total of alf payments and other obligations made by CITY f�ereunder sha41 not exceed
fihe sum of $300,000.
€3. l�leasu�e of �iahiii�y. In cQnside��fion of full and safiisfacfio�y
sePvices and acfiivifiie� hereunder� by CON�'RAC T�R, CITY shall pay
CONTRAC f Q� for amounts �ndoiced, upon approval of wo�k by CI'�Y.
{1) The parties expressfy �nderstand and agree that CITY's obfigations
under this Section are contir�gent upon the actuai receipt of adequate �ead
Hazard ControE Grant {LHCG) funds to meet GITY's liabilities under this
Agresment. Ifi adequate funds are not available to make payments ��der #his
Agreement, CITY shall notify CONTRACTOR in writing within a reasonable time
after such fact has been deiermined. CITY may, at its apiion, either reduce the
amour�i of its liabifity, as specified in Subsectian A of this Section or terminate th�
Agreement. If LHCG funds eligible for use for purposes of this Agreer�nent are
reduced, CITY shall not be liable for further payments under this Agreement.
(2) It is expressiy understood that this Agreement ir� no way obligates
the General Fund or any oth�r monies ar credits of CITY.
(3} CITY shall not be fiable for any cost or pottion thereof which:
(a) has b�en paid, re�mbursed or is ��bject io payment or
reimbursemer�t, from any other source;
(�} was incurred prior to the beginning dafie, or after the ending
date specified in Sectian 1;
{c) is not in strict accordance with the terms of th�s Agreement,
including aIl exhibits attached here#o;
(d} is not an allowabie cost.
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FW-Denton interlocal lead paint
(4) C1TY shall not be liable for any cost or portion thereof whic� is
incurred with respect ta any aetivity of CONTRACTOR where CITY has
requested that CONTRACT�R obtain �rior writ#en authariaation from CITY and
CONTRACTOR has failed to obtain same, or after CITY has requested that
CONTRACTOR furnish data concerning such act'ton prior to proceedir�g further,
unless and until CITY authorizes CONTRACTOR to praceed.
(5) CITY shall not be obligated or iiable under this Agreement to any
party other #han the equipmenfi supplier wha was fhe lowest reasonable bidder
a�dlor sole so�rce provider and agre�d upon by both CITY and the
CONTRACTOR fio� payment ofi any monies or provision of any goods or services.
C. To the extent allawed by law, CONTRACT�R agrees to hold and save
harmless CITY from any ar�d all loss, cost, or damage of e�ery kind, nature or
description arising under this Agreement or from any source w�atsoever.
D. CITY sha11 compfy with ali regulations per�inent to its performance �nder
this agreement; specifeally, with the HUD Office of Management and Budget Circular A-
87
�.
COIVYP�[AiVG� !l�ITFi F�����eL, Si�i� AR�9 ��G�1L L�►�S
A. CONTRACTOR understands t�at fun�s provided to it pursuant to this
Agreement are funds, which have been made availa�le to CITI' by #he Federal
Go�ernment (U.S. Department of Housing and Urban Development) under #he Lead-
Based Paint Hazard Control Act of 1992, as amendecl, in accordance with an approv�d
Grant Application and specific assurances. Accordingly, CONTRACTOR assures and
certifies that it wil] comply wi#h the requirements of the statute as ame�ded and wit�
reg�lations promulgated thereunder, The foregoing is in no way meant to eonstitute a
complete campilation of ail du#ies imposed upon CONTRACTOR by law or
administrative rufing, or �o narrow the standards which COfVTRACTOR must foflow.
B. CONTRACTOR sMall be responsible #or perForming tf�e enuEronmental
re�iew on each site and monitoring the �rojecf for compliance with federal wage and
la�or requirements.
C. C�NTRACTQR further agrees and certifies that if the regula#ions and
issuances promulgated pursuant to the Act are amended or re�ised, it shail comply with
them, or notify CITY, as pro�ided in Section 2� of this Agreement.
D. CONTRACTOR agrees to abide by #he conditionS of and comply with all
applicabfe requirements of the Office of Management and Budget Circulars Nos. A-87
and A-128 arrd the Code af Federal Regulatior�s.
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E. CONTRACT4R shall comply with all applicable #ederal, state a�d local
laws and regulations in its performance under this agreement .
�.
aEF'��S�fV�A�fORI�
A. C1TY and CONTRACTOR asst�re and guarantee that they posse�s the
�egal autho�ity, pursuan# to any proper, ap�ra�r�ate and o�Frc�al motion, resalutian or
ac#ion passed or ta{�en, fo enfer i�to #his Agreement.
B. The person or persons signing and executing this Agreement on behalf of
the �arties, do hereby warran# and guaran#ee that they ha�e been fully authoriaed by
the parties to execute this Agreem�nt on behalf of same and to validly and legally bind
the parties ta al� terms, performances and provisians herein set forth.
C. CONTRACTOR agrees that the funds and resources provided
CONTRACTOR under the terms of fhis Agreement will in no way �e su�stit�ated for
funds and resources from other sources, nor in any way serve to reduce the resources,
services, or other benefits which wo�ld have bee� available to, or provided through,
CONTRACT�R had this Agreemen# not f�een executed.
D. CONTRACTOR warran#s tha# it will provide for C1TY access to any site far
inspectian �ar purposes of this Agreement.
E, Any changes to the work aufhorized by CITY can only be done i� writing
wi#h the signature of CITY'S City Manager, or hislher designee, plus those af
CONTRACTOR and its representati�es.
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��NTRACTOR represents and warrants that:
A. All informatian, repor�s and data heretofore or �ereafter requested by
CITY and furnished to CITY, are complete and accurate as of the date shown on the
information, data, or report, and, since that date, ha�e no# undergo�e any sig�ificant
change wiihout written notice to CITY. .
B. Any supporting financial statements heretofore req�ested by CITY and
furr�ished to CITY, are compfete, accurate and fairiy reflect #he financial condition of
CQNTRACTOR on the date shown on said report, and the results of the operation for
the periad covered by fhe report, and that since said da#e, there has been na material
change, a��erse or otherwise, in the financial conditioR of CONTRACTOR.
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C. None of t�e provisions hereirt coniravenes or are in conflict with the
authority u�der which CONTRACTOR is doing business or wifh the provisions of any
existing indenture or agreemen# of CONTRACTOR. CONTRACTOR �as the power to
enter into this Agreement and accept paymenfs hereunder, and �as taken all necessary
action to authorize such acceptance under tf�e terms and conditions of this Agreement.
D. Each of these representat�ons and warranties shal! be continuing and shall
be deemed to have �een repeated by the approval of each request for payment.
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G@1,�F�Ai�TS
Should CONTRACTOR use funds received under this Agreement to acquire or
impro�e real property under CONTRACTQR's control, CONTRACTOR agrees and
couenants that it will fully compfy with all requirements and regulations of any ager►cy
with jurisdiction ove� either the property or the transaction:
�.
�ROCF�AhdY IiVCOIIdIE
A. For �urposes of this Agreement, program income means earnings of
CONTRACT�R reafized fram activities resulting fram this Agreement or #rom
CONTRACTOR's management of funding pfovided or recei�ed hereunder. 5uch
earnings inclu�e, but are not limited to, income from interest, usage or ren#al or lease
fees, incom� praduced from contract-supported services of individuals or emp�oyees or
from ihe use or sale of equipme�t or facilities of CaNTRAGTOR provided as a result of
this Agreement, and payments from clients or thirc� parties for services rend�red by
C�NTRACTOR under this Agreement.
B. CONTRACTQR shail maintain records of tl�e receipt and disposition ofi
program income in the same manner as required for other contract funds,
and reported to CITY in the farmat prescribed by CITY. CITY and
CONTRACTQR agree, based upon adv�ce received from representati�es
of the U.S. Department of Housing and Urban De�eEapmeni (HUDy, that
any 'Fees co�lected for services perFormed by CONTRACTOR shall be
speni vnly for service provision.
C. CONTRACTOR shall include this Sec#ion in its entirety in alf of its
sub-contracts that involve other income-producing services or activities.
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C. It is CONTRACTOR's responsibiliiy to obtain from CITY a prior
determination as to whether or no# income arising direc�ly or indirectly
from this Agreement, or the perto�mance thereof, constitutes program
income. CONTRACTOR is responsible to CITY for the repaymer�t of any
and afl amounts determined by CITY to be program income, unless
ot�erwise ap�roved in writing by CITY.
9.
II�AIIVi�Rl�4FdCf� Q� RI�C�RDS
A. CONTRACTOR agrees to maintain records ti�at will provide accurate,
current, separate, and comple#e disclasure of the status of the funds received under t�is
Agreemeni and ►r�ith any ather applicable �ederal and 5tate regulations establishing
standards for �inancial managemeni. CONTRACTQR`s record system shall contain
s�afficient documentation to pror�ide in detail full suppork and jus#ification for each
expenditUre. Nothing in this Section shaEl be construed to relie�e CONTRACTOR of
fiscal accountability and Gabi�ity under any other pro�ision of this Agreement or any
app�icable law. CONTRACTOR shall include the substance of this �ravision in all
subcontracts.
B. CONTRACTOR agrees to re�ain all books, records, documents, reports,
and written acco�anting poEicies and �rocedures pertaining to the operation of programs
and expenditures o� funds under this Agreement for the �e�iod of time and under the
conditions specified by CITY.
C. Noihing in the above subsections shali be construed to relie�e
CONTRACTOR of responsibility for retaining accurat� anc! current records which clearly
reffect #he Ievel and benefit of services provided under this Agreement.
D. At any reasonable time and as often as CITY may deem r�ecessary,
C�NTRACT4R shall malce available to CfTY, or any of its authorized repres�ntatives,
all of its records a�d shatl permit CiTY, or any of its authorized representatives to aucfit,
examine, make excerpts and copies of such records, and to condtact audits of all
cor�iracts, invoices, materials, payrolls, records of personnel, conditions or employment
and all othe�' data relatir�g ta the program reques�ed by said re�resentatives.
'9 D,
��P�Ri� �►fd� fi��O�tIVY�TIOP�
At such times and in suc� form as CITY may require, CONTRACTQR shalf
furnish such statemen#s, records, data and information as CITY may request and deem
pertinent to matters co�ered by t#�is Agreement,
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CONTRACTOR shall submit quarterly beneficiary and financi�l reports to CITY
no less than once every three montt�s. The beneficiary report shalf detail clienf
information, includir�g race, income, female head of house�old and other statis#ics
required by CfTY. Tne financial report shall include information and data reiafi�e to all
programmatic and financial reportir�g as of the beginning date specified in Sec#ion 1 of
this Agreement.
Unless a written exemption has been granted by the CITY, CONTRACTQR shall
subm�t an audit canducted by independent examiners wi�hin ten days after receipt of
such.
'91.
f�OiVITORIIVG AW� �VALUAiIOIV
A, CITY may perform on-site monitoring of CONTRACTOR's performance
under this Agreement.
B. CONTRACTOR a��ees that CITY may carry out monitoring and evaluation
activities to ensure adherence by CONTRACTOR to the Scope of Worl� attached
hereto as Attac�ment "A", as well as other provisions of tt�is Agreement.
C. CONTRACTOR agrees to cooperate fully with CITY ir� the de�elopment,
implementation and mainfenance of record-keeping systems and to pro�ide data
de�erm�ned by CITY to be necessary for CITY to effecti�ely fulfifl its monitoring and
evaluation responsibilities.
D. C�NTRACTQR agrees to cooper�te in such a way so as no� to obstruct
or delay CITY in suc� monitoring and to designate one of its staff to coordinate the
moniforing process as requested by CITY staff.
E. After each official monitoring visit, C�TY shall provide CONTRACT�R with
a►n�ritten report of monitoring fiindir�gs.
F. Upon req�est by CITY, CONTRACTOR shail submit capies of any fiscal,
managemer�t, or auc�it reports by any of CONTRACTQR's fur�ding or regulatory bodies
to ClTY within 15 wor�ing days of receipt by CONTRACTOR.
'i 2.
IR��U�PIG�
A. CONTRACTOR shalf abserve sound �usiness practices wit� respect to
providing such bonding and insurance as wouid pro�ide adequate coverage for services
ofFered under this Agreement.
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B. CONTRACTOR wiEl comply wifh statutes and wiEl obtain applicab�e
workers' compensation employers' liability co�erage where a�ailable and other
appropriate liabiliiy co�erage for program participants, if appficable.
C. CONTRACTOR wil! maintain adequate and continuous liability insurance
or self insurance on all vehicles owned, feased or operateci by CONTRACTOR. All
em�loyees of CONTRACTOR who are req�ired to dri�e a vehicle in ihe norma! sca�e
and course of their employment must possess a valid Texas dri�er's ficense and
automobile liability ir�surance. Euidence of the empfoyee's current possession of a �alid
license and insurance must be maintained on a current basis in CONTRACTOR's files.
D. Actual losses not covered by insurance as required by this Sectian are no#
allowable costs under this Agreement, and remain the sale respons�bility o#'
CONTRACTOR.
i3.
�QUAL OP��RTUf�I�Y
A. CONTRACTOR shall compfy with all applicable equal employment
opportunity and affirmative action laws or regulations.
B. CONTR�4CT4R wil[ furnish all information and reports requested by the
CITY, and wifl permit access to its books, records, and accounts far pur�oses of
fnvestigation to ascertain compliance with local, state and Federal rules and re�ulations.
C. In the ev�nt of CONTRACTOR's non�compliance with the
non�discrimination rec{uirements, CITY may cancel or terminate the Agreement in whole
or in part, and CONTRACTQR may be barred from further contracts with CITY.
'� 4.
C�RlF�ICi O� �NT�REST
A. C�NTRACTOR covenants t�at neither it nor any member af i#s goverr�ing
body presentfy has any interest, direc# or indirec#, w�ich woufd conflict in any manner or
degree with the performance of services required to be pertormed under this
Agreement. C4NTRACT�Fi fUrther covenants that in the perFormance of this
Agreement, no person ha�ing such irtterest snall be knowingly employed or appoit�ted
as a member of its staff.
B. CONTRACTOR further covenants thaf no member of its goverr�ing body
or its staff, subcontractors or employees shall passess any i�terest in or use hislher
position for a purpase that is or gE�es the appearanee of being motivated by desire for
Pri�ate gain for himlherself, or others, particularly those with which slhe has family,
business, or ather ties.
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C. No officer, member, or employee of CITY and no member of iis go�erni�ng
body who exercises ahy func#ion or responsibilities in the. re�iew or appro�al af the
undertakirtg or carrying out of this Agreement shall (1) par�icipate in any �ecision
relating ta the Agreement which afFects his personal interest or the inferest in any
corporation, partnershfp, or associativn in which he has direct or indirect i�terest; or (2)
have any interest, direct or indirect, in this Agreement or the proceeds thereof.
'� 5.
Fd��O�'ISI�Y
COf�TRACTOR shali comp�y with a!I applicable laws concerning �epotism.
16.
�OLITICA� �� S�GT�RIA[� AC�IV�iY
A. None of the �erFormance rendered hereunder shal! in�olve, and no portion
of the funds recei�ed by CONTRACTOR here�nder shail be used, either dir�ctiy or
indirectly, for any political activity (including, but not limited fo, an activity to further the
elec#ion or defeat of any candidate far publEc ofFice) ar any activity under#aken to
infiu�r�ce the passage, defeat or fina! content of leg�slation.
B, None oi the pertormance rendered heretan�er shall in�olve, and no portion
of the funds recei�ed by CONTRACTOR hereunder shall be used far o�
applted direc�ly or indirectly ta the constructian, operation, maintenance or
administration, or be utilized so as to benefit in any manner any sectarian
or religious facility or activity.
'9 7.
�UiVDINC A���ICr4TIQNS
CONTRACTOR agrees to notify CITY each time CONTRACTOR is preparing or
submitti�ng any applica#ion for funding in accordance with the fiolfowing procedures:
A. Upon award of or notice of award, whichever is sooner, CONTRACTOR
shalf natify C�TY of such award and the effect, if any, of such funding on the funds and
program(s) coniracted he�'eunder. Such notice sha�l b� submitted to CiTY, in writing,
within te� working days of receipt of the natice of award or funding award by
CONTRACTOR, together with capies of the budget, program description, ar�d
Agreement.
B. CONTRACTOR shall not use �unds pro�ided hereunder, whether directly
or indirectiy, as a contribution, or to prepare applications to ob#ain any federa! or private
funds u�der any federal or pri�ate program without the prior written consent of CITY,
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� �.
CHARl��S �eFd� �4�Rfl�i�C�]��i�,l'TS
A. Any afterations, additions, or deletions to the terms of this Agreement shall
b� by written amendment executed by both p�rties, except when the terms of this
Agreement expressly pro�ide that another method shall be used.
B. C�NTRACTOR shall r�ques#, in writing, budget revisions in a form
prescribed by CITY, and such request far revision shall not increase the total monetary
obiigation of CITY under this Agreemen#. In addition, bud�et revisians cannot
significantly change the nature, intent, or scope of the program funded under th�s
Agreement.
C. CONTRACTOR will su�mit re�ised budget and program information,
whenever the level of 'funding for CONTRACTQR or the program(s) described �erein is
altered according to the total [evels cantained in any portion of fhis agreement.
D. N# is unders�ood and agreed by th� parties hereto that changes in the
S#a#e, Federal or locai laws ar regulatior�s pursuant hereto may occur during the term of
#his Agreement. Any such madifications are to �e automatically incorporated into this
Ag�e�ment without written amendment here�a, and shall become a�art of the
Agreement on the e#Fective date specified #�y the law or regu�aiion.
E. CONTRACTOR shall notify CITY of any changes in �ersonnel of the
dental cl�nic and of the Denton Cour�ty HealtF� Department.
19.
SUSPENSION OF �Uf��lAl(;
Upan determinatian by C1TY of CONTRACTOR's failure to timely and properly
perform each of the requirements, time canditions and duties pravided herein, CITY,
without limiting any rights it may otherwise have, may, at its discretion, ar�d upon ten
working days notice to CONTRACTOR, withhold �urther payments #o CONTRACTOR.
Such notice shall be in writing and may be given by certified mai1, return receipt
requested or any other means reasonably calculated fo pro�ide actuai notice to #he
appropria�e off�cials of CONTRACTOR. The notice ��all set fo�th the defiauit or failure
alleged, and the action required for cure. The period of such suspensron si�all be af
such �uration as its appropriate to accomplish correcii�e action, but in no er�er�t shall i�
exceed 30 caEe�dar days. At the end of the suspension pe�iod, if CITY de�ermines t#�e
default or deficiency has been satisfied, CONTRACTOR may be res#ored to full
compliance status and paic! all eligible funds wit�held or im�ounded during the
suspension period. Ef however, CITY determines tha# CONTRACTOR has not come
into compliance, the provisions of Sectior� 20 may be effectuafed.
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��.
TLRI�IR�e4TlOi�!
A. CITY may terminate this agreement far cause under any ofi #he fol�owing
reasons:
(1} CONTRACTOR's failure to attain comp�iance during any prescribed
pe�-iod of suspensio� as provided in Section 19.
(2) CONTRACTOR's violation of covenants, agreements or guarantees
of this Agreement.
(3) Termination or reduction ofi funding by the United States
�epartment of Housing and Urban De�elopment_
(4) Finding by C1TY that CONTRACTOR:
{a) is in such unsatisfactory financiaf condition as to errdanger
performance under this Agreement;
{b) has aflocated �nuentory to this �rogram which substantially
exceeds the reasona�le requirements of tf�e program.
(c) is delinq�aent in paymenf of performance of this Agreement in
the ordinary course of business.
(5) Appointment of a trustee, r�cei�er or liquidator for all or substantiai
part of CONTRACTOR's property, or institution of ban�ruptcy, reorganization,
rearrangement of or li�uidation proceedings by or against CONTRACTOR.
(fi) CONTRACT�R's inabil�ty to conform to changes required by
Federal, State and local Caws or re�gula#ions as pravided in this Agreement.
�7) CONTRACTOR's �iolation af any law or regulation to which
CONTRACTQR is bound or shall be bound under the terms of the Agreement.
CITY shall promptly notify CONTRAGTOR in writing of the decision to termina�e
and the effective date of termination. Simultaneous notice af pe�ding termination maybe
made to ot�er funtiing source specified.
B. CITY may term�nate this Agreement for convenience at any time, by giving
vuritten notFce #o CONTRACTOR. If this Agreement is terminated by CfTY for
conveRience, CQNTRACTOR will be. paid an amount not to exceed the total of accrued
expenditures as of the effective dat� af termination. In no e�ent will this compensatian
exceed an amouni which bears the same ratio to the totaf compensation as the services
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actually performed bears to the total services of CONTRACTOR ca�ered by. the
Agreement, less payments pre�iously made.
C. CONTRACTOR may terminate this Agreeme�t in whole or in part by
written notice �o CITY, if a termir�ation of outside funding occurs upon which
CONTRACTOR depends for performance hereunder. CONTRACTOR may opt, within
the limitations of this Agreemenf, to seek an alternative funcling source, with the
appro�af of C1TY, provided the termina#ion by the outside funding source was nat
occasioned by a breach af contract as defned herein or as defined in a contract
between C4NTRACTOR and the funding source in questian.
D. Upon receipt o� not�ce to terminate, CONTRACTOR shall cancel, withdraw
ar otherwise terminate any outstanding orders which relate to the performance af this
Agreement. CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors fvr
any exper�ses, encumbrances or obligations whatsoe�er incurred after the #ermination
date listed on the notice to terminate referred to in this �aragraph.
E. Notwithst�nding any exercise by CITY of its right of suspension or
termination, CONTRACTOR shal� nat be relieved af fiability to GITY for damages
sustained by C1TY by virtue of any breach of the Agfeement by CONTRACTDR, and
CITY may withhold any reimbuTsement ta CONTRACTOR until such time as the exact
amount of damages due to GiTY from CONTRACTOR is agreed upon or a#he�wise
determined.
�fi.
fdO�I�ICATIQN OF �GYIOi� �ROUCHT
In the event that any claim, demand, suit or other action is made or brough# by
any person(s}, firm corporation or o#her entity aga�nst CONTRACTOR regarding or
related �o the subject matter of this Agreeme�t, C�NTRACTOR shall give written notice
thereof to CITY within five working days after being notified of such claim, demand, sui#
or other actian. Such notice shall stafie the date and hour ofi notification of any suc�.
claim, demar�d, suit or other action; the names an� addresses of the persvn(s), firm,
corporation or other entity making such claim, or that instituted or threa#ened to institute
any type af action ar proceeding; the basis of such claim, ac#ion or praceeding; and the
name of any �erson(s} against wE�om such claim is being made or threaten�d. Such
w�itten notice sF�all be deli�ered either personally or by mail.
2�.
IP���i�lINIFIC��IOR�
A. ft is expre�siy unders�ood and agreed by boih parties h�eeto �h��
C17Y is contracting with CQR�iRACTOR as an independenf confiractar and ih�� as
such, io ihe ex�enfi allo�n►ed by la►w �:�fViR�Ci�R shall sar�� and hold CiiY, ifs
�� �
' f 13
� ��
" '��, �
FW-Oenton intertocal lead paint
o�icers, agenfis ar�d employees ha�mless from all liability of an� natu�e o� l�ind,
incfuding cosfis and expenses �or, or on account of, any claims, audit exceptions,
demands, suits o�° dam�ges of any characfier� whaasoever resul�ing in vvhole or in
part �rom the per�ormar�ce or omission of any employee, agen� or represenfafive
o� C�W'YRA�iQR,
�. io �h� ex�ent allowed by �aw, COf��RAG�OR �g�ees fio ppodide fihe
defense �o�, and �o indemnify and hold hawmless CITY i�s agenfs, employees, or
con�rac�ors from any and all claims, �uif,s, causes of action, demands, d�m�g��,
losses, ai�orney fees, e�penses, and I�abilify arising out of the use of these
confracfied funds artd program adminisfira�ion and impleme�t�agion excepf fo �he
extenfi caused by fihe wii[ful act o� omission o� �I�Y, ifis agents, empEayees, or
contr�ctors.
a3.
iVII�G���AN�OUS
A. CQNTRACTOR s�all not transfer, pledge or otherwise assign this
Agreement or any interes# therein, or any claim arising thereunder, to any party o�
parties, bank, trust compa�y or other financial institutian without the prior written
approval of CITY.
B. !f any provision of #his Agreement is held to be invalid, il�egal, or
unenforceable, the remaining provisions shail remain in full force and effect and
continue to conform to the original intent of both parties hereto.
C. �n no e�ent shall any payment to CONTRACTOR h�reunder, or any other
acf or failure of C1TY to insist in any one or more instances �pon the terms and
conditions of this Agreement constitute or I�e cortstrued in any way ta be a waiver by
CITY of any breach af covenant or defauit which may then or subsequentiy be
commitied by CONTRACTOR. Neither shalf such payment, act, or omissinn in any
manner impair or prejudice any right, power, pri�ilege, or remedy auailabf� to CfTY to
en#orce its rights hereunder, which rights, powers, p�ivileges, of remedies are always
specifically preserved. No represer�tative or agent of CITY may waive the effeet of this
prav�ision.
D. This Agreement, together wit� referenc�d exhibits and attachments,
constitutes the entire agreement between the parties hereto, and any prior agreement,
assertion, statement, understanding or other commitment ar�tecedent to #his Agreement,
whether writt�n or oral, shall have no force or effect whatsoe�er; nor shail a�
agreement, assertion, statement, understanding, or other commitment occurring during
the term ot this Agreement, ar subsequent #hereto, have any legal farce or effect
whatsoever, unEess properly executed in writing, a�d if appropriaie, recorded as an
amendment of this Agreement.
� �� ��+i� (^ f(`;!lp.�t � I I 4
�� ��
FW-Denton interlocal ]ead paint
E. In the event any disagreement or dispute should arise between th� parties
hereto pertaining to the interpretatio�r or meanin� of any part of this Agreement or its
governing rules, codes, laws, ordinanees or regulations, C1TY as the party ultimately
responsibke to HUD for matters of compfiance, will have the final authority to render or
#o secure an interpreta�ioR.
F. For purposes of this Agreement, alf afficial comm�nications and notices
among the parties shall be deemed made if sen# postage paid to the parties and
address set forth belornr:
TO C ITY:
City Mar�ager
City o� Fart Worth
1000 Throc�morton St.
Ft. Worth, TX 76102
TO CONTRACTOR:
City► Manager
City of Denton
215 E. McKinney 5t
Denton, Texas 76201
G. This Agreement shal! be interpreted in accardance with the [aws of the
State of Texas and venue of any litigation concerning this Agreement shall I�e in a court
comp�tent jurisdiction sitting in Tarrant County, Texas. �
IN WIT ESS OF WHICH this Agreement has been executed on this the �--
day of , 2002.
CITY OF FORT WORTH
BY _ � � ,�- �` _ . .- �
REID RECT�R
AS5ISTANT CITY MANAGER
Appro�ed for Form and Legality:
DAVID L.YETT,CITY AITORNEY
BY. � ��
ATTEST:
CITY SECRETARY
BY: „ T
,.
� - —�- :�__ —
�� � � ¢
����� � 4� ����
��� ..��g�� �
D� �,� ��
Date-- . _ . ,
CITY OF DENTON
BY: ��c.��.'L., IG��
EULINE BROCK
MAY�R
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, GITY ATTORNEY
�Y: �� �'�.-
ATTEST
CITY SECRETARY
- 1�0 � � � �� r l�-
-
I
]5
}�' '• ','���.1iL�1
,
�� i �' �i�����,`�� �
��r�'� ���'��'�M. ��,
�4�tachm�nt A
Scope of 1�lor�
In an INTERLOCAL AGREEMENT BETWEEN THE
CITY OF FORT W�RTH AND CITY OF DENTON
As a partner agency to the City of Fort Worth, th� objectives and goals for the City of Denton
are to ensure that housing, receiving CDBG and HOME grant funds is Iead safe at project
completion. Dentan vwil� infornn ihe public of the dangers and h�ards of lead to children and
contractars and mair�tenanee w�rkers. The public will have opportunities to learn how to safely
work with lead-based paint in housing.
The City of Denton ALERT program supervisor will be Denton's hausing program manager. A
residential constz�action specialist v✓ill car�duct lead risk assessments, iead inspections, clearance
testing azzd project oversight. Incurr�bents in both p�sitions are State-certifed Lead Risk
Assessors. A prograrn specialist wilI complete al� applicant intake processing and household
r�locaiion planning, data repnrting and wil! create and maintain a lead safe hausing stock data
base.
The followzng aciivities wilI be accamplished. The target unit� are lor�r/moderate income,
awner/accupied��ousing units buiIt before 1978 when deteriorated lead-based paint has been
identified. Projects will be identified frorn those househoids who have successfully applied for
home improvement or minor repair assistance.
Lead hazard interim controls - Maior nroYects (a minimum of 8 units (a� $10.000
each� and Miz�or nroiects (a minimnm of 22 units Ca� $�,�00 each) -- �elected homes
will be znade iead safe by complefiing interim control activities on all deteriorated lead-
based paint. Stabilizatia� of �ead-based paint will be completec� by an approved State-
certified Lead Abatement firrn in compliance with all Federal, State and local
regulations.
Low-level interve�tion - �n units where a Risk Assessment indicates no
deteriorated paint or, deterforated paint is below ihe "de minimis" level, yet dust wipes
analyses shows a presence af leaded dust, a low lev�l intervention will be performed in
a minimum of �9 units at an es#imate oi $165 each. Project will consist aia t�orot�gh
cleaning. Eligible cleat�ing fums wi�l perform work. They will reach the required
clearance levels as defined by TITLE X and the State of Texas D�partment o� Health,
Enviranmental Lead Branch far dusfi wipes. It �vill be arranged for the iarnily to be
absent from their home for a minimum af eight consecutive hours
Relocation As�istance - For hnuseholds requirin� relocatxon far lead-related
constz-izction activities, on units where rninimal lead hazard reduction activities are
required such as pain# stabilization, the household wil� be temporarily relocated urltil
clearance is achieved by re�ocating househald to a hotel. Household fizrnishings will be
moved into a storage faci�ity, if needed. After clearanee of the unit is achieved, the
hnusehold may r�turn and inhabit the ur�it during the cornpletion of the rehabilitation.
4nce the house has achieved clearance the family and their belongings will b� returned
home. A total a�30 Interim Controls are to be p�rformed on awner-occupi�ed houses.
Q Complete Lead-�ased naint insnections and Risk Assessments as needed - Purchase a
Niton XL-309 Dual Detectar �pectrum Analyzer
Provide cantr�ctors with HEPA vacuvm and filter suAn�ies, to use at fund�d project
sit�s at no cost to coniractor
ln additian, the City of Denton will provide funding to complefe public awareness ac#ivities.
Info�rnation will be designed to prevent lead e�po�ure azid poisoning in children by completing
the following activities:
A total of 149 free bload lead �evel test� r�ill be provided to children under six y�ars of
age that do not have Medicare, CHIPS or private medical insurance. Tests provided will
be the finger-prick method. These tests will be scheduled as needed through the
Denton_County Health Deaartment. Shaul�. there be a finciing of greater than 10
µg/dL, a foliow-up venous blood test will be taken as required as required by State
regulations.
� Reimburse cantractor training fees (up to a ma.ximum of $$00 each) to five (5)
approved contractors who successfully complete training and testing and become Staie
certifi�d Lead abaiement firms.
■ DeveloA and distri�bute educational inforrnation ta teach public of the dangers of lead
to chi�dren and how to preven�t lead poisonin� in children.
° Offer video training tapes on s$fe work aractices geared taward housing maintenanee
vvorkers and buildin.g rehab eontracfors. Qu�'each methods will specifically target low-
income rental housing rnaintenance personnel, "hand�mari" woxkers and
rehabilitation/renovatian/re�nodeling cantractors.
� Grant assistanee to helo offset increase in liabilitv insurance ��st for up to three (3)
approved contractors (up to a maximum of $2,000 each) who become State certified
Lead abatement firms. These contractors tnust include hazard material coverage riders.
The Denton Alert Program wi�i caordinate th�ese activities to comp�ete Denton's responsibi�ities
in accoxdance with the contraet work plan between HLJD and the City of Fort Worth. The City
of Denton assures that this program will meet all Fedexal, State and Iocal regulataons and
guide�in.es as required by the Department of Housing and Urban Development, Office of
Healthy Homes and Lead Hazard Cantrol. The City of Denton will provide the �'ort Worth
ALEKT Program office with reports and project data in a timely man�er as requixed.
Sudget Su►nmary
AT7ACHIVE�N7 9
Total Budgeti (Federal Sha.re and Matching} I�VTERLOCAL AGREEMENT BETWEEN THE
Name and Address of Appiicant City of Denton - banton LHC Program CITY OF FOR7 WOR7H AND CI7Y OF DEIV7oN
100 W. Oak Street - Suite 208
Community Development Division
Denton, TK 76201-A1 �4
aetailed Description oi Budqet
Category � Total MATCH BR£AI4DO1fIlN
Estfmated CtyoiDenton penton
1. Personnel (Direct Lahorj I Hours Rate per Haur I Esumaiedcos�� Federal5hare M1tCh CDBG General Fund CHoo
PositEon or Individual
A9ency Directors {Barbara Ftnss) 156 $36.43 $5,683 $0 $5,683 5683
* I.HC Program 5upv. {Nancy Baker} 2$9 $23.60 $6,632 $0 $6,632 6632 �
InspectorlRisk Assessvr (Gordon Meredith) COD 194 $22.� $4,373 $0 $4,373 4373
InspectodRisk Assessor {Kathy AskeVl CMDO 34 $15.55 $529 $p $529 529
Com. Qen. Coord. (Luisa Rodriguez-Garcia) 46 $23.$7 $9 ,p88 $0 $1,098 109$ I
Proqram Specfalis! (Alma Espino) 9D $18.32 $1,549 $D $1,649 1649!
- o $o.00 �o $o �o �
D $0.00 �0 $D $p
D $Q.00 $0 $p $0
---- Q $Q.00 $0 $0 $0
0 $O.OQ $0 $D $0
0 $0.00 . $Q $Q $D
*
posilion is also an irtspectorlrisk assessor D $O.DO $Q $D $D
TQ�a� �o� so� �n.00 $a �o $a
Total birect �abarcost ' ' '„ � ,' '-' ',' $19,964 $Q $19,964 $19,435 $Q $529I
Ctyot�eman
2. Fringa Benefts Ra#e Base F_sematedCost FedaralShar�- MatCi i CoeG Generaf Fund G3iDQ
FICA 7.71°/a $99,964 � $1,539 $0 $1.539 $1,49s $41
Retirement 11.444� $99,964 � $2,284 $0 $2,284 �2,2za �s�
Health Ins. 18.46% $19,964 � $3,686 $0 $3,685 $a,5as gss
Worker's Compensatlan 0.94% $19,964 $988 $fl $188 $1B3 �5�
Lifelnsuranae 0,17% $19,964 J $34 $0 $34 $33 $��
- $13,964 $0 $0 $0 I
_ - $49,964 $0 $0 $0 �
$19,9&4 $0 $0= $0
Tatal Fringe BenefRs Cost $7,730 $0 $7,730 $7,525 $0 S2D5
3, Travel
ClyafDenton
3a. Transportatioo - Local F'rivate Vehicle Mileage Rate per Mife est€matedCost Feeeralshare MatCi ICOBG General Fund CHpO
ProJect Supervisor Denton 1454 $0.315 $458 $0 $458 458
" InspectorlC2isk Assessors (1] 75(3 $D.315 $236 $0 $236 0 236
$Q $D $0
- $D $D $0
� $0 $6 $Q -
$0 $C? $0
Subtotaf - Trans - Locai Private Vehicfe �� ��'o- �:,fy�'W'����a� ���t� 694
- "�� _ b........._�,_. � $D $694 _ $458 $o $23s
CtyutDenton
3b. Transpor[ation-Airfare Trips Fare �sumacedcosc Feae�isr�arE Matc��COBG GeneralFund cHDO
CertEfication Test - Austin 0 $0 $0 $0
Training - CA 0 $0 $0 $0
$0 $0 $0
$0 $0 $0
- - - ' $0 $0 $0
$Q $� $0
5ubtotal-7rans�ortation-Airtare ��',���,�k��;,��'���''r�i��`� $0 $0 $0 $0 $0 $0
Prepared 1013102 Page 1 vf 4
�3udget Surnmary �
Tota1 Budge� (Federal Sh�-e and Matching}
� � Qetailed �escrlpiion of Budget
. - -- CiyofDentan
3t. TransportatEors - Other Quantity Unit Cost Estimated Cosi FederalSdarE IVlatc� iCDBG General Fund CHtiO
COD Vehicle Usage ($1751mo) 36 $175.00 $6,30D $D $fi,30� �s,soU $o $o
$0 $0 $D
$0 $D $D
�o �o �a
�o �a �a
$o $o �a
$o I $o �a
$0 $D $D
�o $o �a
Subtotaf - 7ransportaiion - OEher � s�, 5�� $6,san
�� • $o $6,3oD gs,3oo ga �o
Giyqinehi0„
3d. Per pierrt pr Subsistence Days Rate per Day � es6rrrated Cost Federel snarr: Matc�,CDBG General Fund CHDp
Training - CA 0 $0 $� $0
Gertification Test - Austin 0 $Q $0 $�
- - $D $D $4
- $0 $D $0
$D $0 $0
$0 $D $G=
�o $a $a
$4 $0 $0
subtota� - Per uiem or suhststence �> ��,� $Q $�� $0 $0 $0 $0
;«:¢:,n,.,N,�,'
Totai 7ravel Cast * . .'•��� $6,994 $G- $6,g94 $6,7b8 $EI $23fi
I - M1 ctyafDenton
4. Equlpment {only items oVel' $5000} Quantity llnit Cost Estiimaied Cost Feaeral share_ Match �G[JBG General �und CH��
Niton XRF Analyzer � � $24,355.00 $24,355 $24,355 $0
� $0 $0 $0
� $0 $0 $0
� $o �o �o
— I $o �o $o
- , $a �e� �n
Total Equfpment Cost $24,355 $2q,355 $0 $0 $0 $q�
Ctyof�emm�
5a. Supplfes & Materlals (Consuma6le Itemsj Quantity Unit Cost Estirnafed Cost Federal shar�. MatcF�D6G General Fund CH�D
HEPA Vacuum bags - 5 Pk 30 $11.50 $345 $D $345 $345
HEPA Poly Liners 6 $17.50 $105 $0 $1�5 $105
HEPA Fflker 3 $135.�0 $405 $� $405 $4D5
Uust Test Supplies 27p $1.D0 $270 $0 $2iQ $270
Educational Materfals 1 $2,OOO.iiO $2,p00 I $2,000 $0_ $D
Denton Co. Hlth Dept BLL Test 149 $10.OD � $1,490 $1,4J0 $0 $4
- -� $b.QO � $0 $0_ $� $0
0 $D.QQ $0 $0 $p
D $0.00 � $0 $0 $0 $a -
Subtota[ eonsumable supplies _ �"' �' ''' ��S'2��',��'����'""� �.� � $d 615 $3,490 $1,125 I $1,125 $0 $0 �
CtyofDenion
5F7. Non-Consumable Matefials Quantity Unit Cost Estlmated cast Feueral share MeteN CDBG General Furtd CHDO
XRF Sources 1 $2,500.D4 $2,50D $0 $2,50D $2,50p
�duaationa! Materials (TVNCRfcart} 1 $750,00 $T50 $0 $75Q $750
OfFice furniture 1 $6A0.00 $640 $0 $640 $64Q
Video Trafning iapes 4 $30.Db $120 � $0 $120 $120
_ —.... $D $D $0 $D
$0 $0 $Q $0
� $0 $4 $0 $d
SubtotalNon-Consumable5upplfes �°;n=nt�+'''�''� "�"'"' ,<�a°°x` $¢,01b $0 $4,010 $4,Q10
it« �; s,�;¢ sM1�
Total5uppliesCast `"�':n!t�:1 r'"'''��..�>"' >'¢{�:'� $8,825 $3,490 $5,135� $5,135
$4 $0
Prepared 10I3IO2 Pege 2 of 4
B�dget Swxunary
Total Budget (F'ederal Share and Matching}
Qetalled besariptEon of Budget
.- -- I
CtyofDenion
6. Cansulfants {Typej Days Rate per Day estimateacost Feaerarstmre Mafci iCDBo General Fund CHOQ
C�ty Attorney for contract review 3 $1,200,00 $3,60D $0 $3,600I $3,600
Public Eduaator 1 I $5,20Q.0� $5,2C►D $5,20� $Ci ,
- � _ $0 I $0 $Ci I
I $o $o �Ei
I �o $o $c i
Total Consuitants Cost - s a a,,,;as� � sr, ;s, ,q� ��s; ;y as s�� $5,200 $3,600 � $4 $3,600 $0
$$,800
CtyotDenton cHoo r�r�-
7. Cantracts and Sub�rantees {List indlviduallyj EstlmaiedCosi Federal5hal� IHatch C�BG Genaral Fund vate Funds
benlon LHC Interim ControllMajnr Reha6 Proj 6 $10,OOQ.DO $fiD,000 $6D,OOQ $0 $p
Dento� Rehab (Maich Ac�ivlty) 2 $25,p00.00 $5D,000 $0 $50,OOD $50,D00
Denton Li1C Interim Contro]IMinor Repair Prag, 2D $4,500.04 $90,OflD $90,000 $D $0
DentonMinorRepair{Ma1c6Aat9viiy} 10 $1,000.00 _$10,OOp $0 $10,000 $1p,ORD I
OenionCM00LHClnlerlmControlslMerorRehahproj. � $i0,Q00.00 � $20,OQ0 $24,OOD $0 $0
Oenton CHDO Rehab (Maich Activity) 2 $5,000.00 � $10,D00 $4 $1QDOa $0 $10,000
�enionCW�OLHCIMedmControUMinvrRepairFrojs. Z $5,4D0.60 � $10,D00 $1�,000 $0 $0
Qenton CHDO Minar Repair {Match Activity) 2 $j ,pQ0.00 � $2,000 $0 $2,000 $p $2,00� �
I �o $a $o I
Hazard M11 Ins. Rssistance for Contrac�ors 3 $2,000.00 I $6,pD0 $6,b00 $0 $0
Lead Contractor Tmg Assistance 5 $800.OD $4,aoo $4,000 $0 $0
Safe Worker tmg Assistance _ 1 S $35.OD $630 $63p $0 $0
[.ead SupvTmg,4ssistnaoe 7 $37Q00 $2,59� $2,590 $0 $0
train !he Trainer (ar Worker Cert. Trng (2pj 1 $4,OOD.bO $4,p�� $4,0�0 $D $0
�aw �evel Intenremion 59 $155 QO $9 735 $9 735 $D $0 �
Total Subcontracts Gos#
8. Other Dlrect Costs
Item
Ld-6ased paint lap tests NLLP Lab
Reloceilon-Rehad {28 �S2,OD0 per unit)
Web Site De�elnRment
Total Other birett Costs
9. I�dlrect
Type
Faciqties Charge
Accounting & Payroll Services
City administrative charges
Total lndirect Costs
Total Estimated Costs
, $0 $D $0 $� I
�0 $0 $D $D �
$0 $0 $0 $D
I $0 $0 $0 $0 �
I $0 $0 $0 $4
j �n $a �o �o
' � �'�i <'�' � ' � -- � '.� $z�s,s5s $�as,�� $�Z,000 $sa,aoo �o ��z o00
. ,
Cty of �ertton
Quantity ltnit Cost Estimated Cost Federol 5hare Match CpBG Gen. Fund CH�O
�
360 $8.Qp $2,$80 $0 $2,$80 $2,880
26 $2,307.69 $60,000 $6p,p00 $0
Z $1,480.00 $2,96Q $0 $2,960 $2.96Q
�Q �0 $[ - ,
- $0 $0 $CI - .
I $o $o �c �
I �o $o �c � �
� $D $D $C! I
i
�v � : °°4�.w .. � ,.. '
- �:i�� '�_'"� $65,84D $60,�OD $5,84C� 52,880 �2,96D $U
Cryotoenton
Rate Base EstlmatedCvst FederaEshere NIatCF�GOBG GeneralFund CH�fl
- -- �
I 9.Q0°10 $27,894.06 $2,492 $0 $2,492� $2,492
� 1.00°/a $27,694.�6 $277 � $� $277 $277
I 6.00% $27,694.06 $1,662 $0 $1,662 $1,662
_ $0 $0 $C� $0
$D $a $� $Q
$4,43i $0 $4,431 � $4,431 $0 SO
_� $425,694 $300,Q00 $125,694 $1�6,964 $6,56� $12,970
Fotal of Federal Share and Match $425,694
prepared 10l3102 Page 3 0( 4
Anaiysis of Total �stimated Costs
1 Personnel (Uirect Labar]
� Fringe Benefits
4 Tra�el
5 Equipment
3 Supplies and IVlaterials
& Cp�SlJ��fltS
i Contracis and Sub-Grantees
8 Other Direat Costs
9 Indirect Costs
�Total
Federal Share
Match
Estimatecl �ercent af
Cast
$79,3B4
$7,730
$8,994
$8,B25
$24,355
$s,soa
$278,955
$85,840
�4,431
$425,694 �
�
�otal
Rl.�°/a
T.8%
1.6%
2.U%
$-7%
z.�°ia
65.5°�
15.�°10
1.4%
1d0.Q%�
Fercent of
Labor
38.7%
$300,400 70.47°/n
$125,684 4'1.90% Expressed as a percentage of the Federai Share
Prepared i0l3I42 Page 4 nf4
��"T/�Ci�ll�I�RlT C
- ia the
INTER�OCAL ACRE�M�PIY B�TW��N iH� C17Y O�' �O�iY WORTH AND C1TY O� ��NYON
�ead H��ard Control Grant
liillork �lan (�oals, Objec�ives and �errormance �iles�ones
I Goals I Objecti�es
�A. No. of Major Rehab Interim Contro! Projects to be completed and cleared
� B. No. of Minor R�hab Interfm Conirol Projects to be completed and cleared
�C. Na. of Low Level Interveniion Prajects to be complsted and cleared
Quarterl►► PerFormance Obiectives
lJnits to Be Completed:
GoallObjective:
Year 'I
CompletedlCleared
8
22
59
�'7
Cumulative Completed
Gleared
Quarter Quarterly Miiestone
Jan - Mar NIA
Apr - Jun NIA
Jul - Sep NIA
Oct - Dec 3
Year 2
Quarter Quarterly Mileskane
Jan - Mar 7
Apr - Jun 8
.ful - 5ep 9
Oct - Dee 10
Year 3
Quarter
Jan - Mar
Apr - Jun
Jul - Sep
Oct - Dec
Quarterly Milestone
11
12
'[ 3
16
CompletedlClear�d
CompletedlCleared
Cumulative Cam�leted
Cleared
Cumulati�e Completed
Cleared
�
�`ity o�Fart �o�th, Texas �
� �� ��d ����i� ����r��ca�t���
J � �
DATE REFERENCE NUMBER LOG NAME PAG�
�l� 5I0� � **��13232 � O�LEAD � of 3
suH.��c-r APPLiCATION FOR A LEAD-BASED PA�NT HAZARD C4NTROL PROGRAM GRANT
FROM THE U.S. DEPARTMENT O� HOUSiNG AND URBAN DEVELOPMENT AND
AUTHORIZATION TO ENTER INTO AGRE�MENTS WITH THE CITY OF �ENTON,
THE �ORT WORTH HOUSING AUTHORITY; AND NONPROFfT HOUSENG
ORGANIZATIONS
RECOMMENDATlON:
It is recommended that fihe City Council:
1. Authorize th� Cify Manager io apply for and accept, if awarded, a three-year grant up ta $3,OQ0,000
from fhe Department of Housin� and Ur�an Development (HUD) for fhs p�rpose of underfaking
� comprehensive programs to �denfify and cvntrol lead�based paint hazards in eligible owner-
occupied and rental homes; and
�;
� 2. Authorize fhe City Manager fo enter into agreements or amend such agre�mer�ts with the City of
Denfion, fhe Fort Wor�h Housing Authority (FWHA), and nonprofit housing organizations withiri the
scope of the program and in compliance rivith applicable laws and� regulations; and
� i
3, A,dop� the attacF�ed a��ropriaiion ardinance increasing esfimated receip#s and appropriations in the
. Granfs F'unci up to $3,OQ0,000 subject to rec�i�f o# �he grant; and
I�. Approve �he use of $270,Q00 mafching Community Development Block Grant {CDBG) funds as the �
City's matching porEion of the grant.
DISCUSSIDN:
� On Septemher 15, 2�00, HUD's fead-t�ased painfi requirements w�n# into effecf. These requirements
fall into fi�e categories:
a} Lead hazard evaluation which incfudes paint festing or r�sk ass�ssment; and
b) �ead hazard reduction that includes paint stabilization, interim controls, _ treatments � ar '
abafem�nf, safe work practices when performing lead hazard reduction or rehabififiation wflrk,
and clearance to cn�firm fhaf na lead-based paint hazards, remain after work is campEeted; and
�
c) Or�-going maintenance for some program ac�ivifies; and
d} Notification to occu�ants of federaify-assisted homes builf �efore � 978 on the r�sults of hazard
evaluation or reduciion acfivities; and .
e) �ducation on lead-based paint hazards and activities to be carri�d o�at wh�n child�en are
identified witi� high blood lead levels. �
�`ity of '�'ort T�o�th, Texas
�y��� ��� ��c�n��[ ��r���n�c�t��r�
�
I DAT� REFERENC� NUMBER L�G I�lAME
�1� 5/01 *'�G-'� 3ti3� f
suB�Ec�r APPL.ICATION FQR A LEAD-BASED
� FROM THE U.S. DEPARTMENT OF
AUTH�RlZATION TO ENTER INTO
� THE �'QRT WORTH HOU5ING
" ORGA�NIZATIONS
05L�AD
PAGE
2 of 3
PA1NT HAZARD CONTRDL PROGRAM GRANT
H�USfNG AND URBAN DEVELOPNfENT AND
AGREEMENTS W1TH THE CfTY OF DENTON,
AUTHORITY, AND N�NPROFIT H�]U51NG
' HUD ex�ended tF�e effective date of these regulations to March 15, 2p0�, and further to Aprif 10, 2D01.
The C9ty of Fort Worth Housing Depar�ment recently appli�d for a further extension to Augusfi 10, 20�� .
The lea�-based paint requir�ments wifl affect t�e following housing programs:
o Hame Improvemenf Program (generally limited to madel block areas};
� Em�rgency Repair {City-wide);
� Weatherizatian {CityTwide},
• Cowkown Brush-Up {City-wide); and
� Hameb�ayers' Assistance Programs (City-wide).
These requirements wil� also affect similar programs of the City's housing nonprafit partners, as well as
Section 8#enant-based rental units of the FWHA. It is estima#ed that compliance with the lead-based
paint requiremenfs will involve an additional $350 to $15,000 per housing unit. ft is therefore critical
that the City _ receive additfonal funding to cover the additionaf cosfi af compliance with these new
requiremen�s. Otherwise, the num�er af f�ousing units tha� can be assisted wit� available funds by fhe
City, its nonprofit parkners, and the FWHA will ha�e fo be drastical�y reduced. TY�is will have a negative
impacf on the City's central city redevelopment goal.
It is proposed that tF�e City apply for a$3,a,D0,00� grant under HUD's Lead-Based Pain� Hazard Cnnfrol
Grant Program to cover c�mpfiance with HUD's new requirements over a three-year period, Ti�is. is a
h9ghly competiti�e �gra�t. lf is proposed thaf the Housing Department, as lead ag�ncy, partner vuith tne
City and Tarrant County Hea�fh Departmen#s, FWHA, housing nonprofif organizafions, and the City of
Denton. These partnerships demonsfrate colla�oration, whicFi increases the City's cha�nces af beir�g
awarded the grant. Th� City of Denfon will be alfacated $3DO,ODO out af the $3,ODQ,000.
The grant re�uires a`1 q% match, or $3�O,OOD for $3,Q00,000., The Cify`s rrmatch requirement should
total af least $270,000 (1 �% of $2,700,000). This will came mainly firom CDBG funds, including the
purchase of a lead-based paint tesfing machine ($16,2Q0) an� salaries for existing Housing Department
s�aff who wilf b� involved in �he Lead-Based Hazard Can#rol Program ($38p,393). The partners wifl
afso contribute toward the City's ma�ch. Ti�e Cify of Denton has id�ntified ti�eir mafching saurc�s
amounfing to at least $30,000 {10% of $3DO,QQQ, tl�eir share of the grant). Th� City of F'o�t Worth's
Housing Department wi�l ha�e oversight ar�d monitoring responsibilifies for t�e entire gran#.
The lea�-based paint hazard cantrol pragram wifl be, for fh� most �arf, im�femented in conjunction. with
the afher ho�sing pro�rams menfioned abave. Therefore, if wi�f be availa�le in ALL COUNCIL
DISTRICTS. ' �
� C'ity o, f'.�a�t Worth, T�exas
1� ��C �i�� ��I�1�1� �,��1'i���11���`1��1
� �
DATE R�FER�NCE NUMB�R � LOG NAM� , � PAGE
� 5J� 5I01 '�*��13�3� 05LEAD 3 of 3
SUBJECT APPLICATION FOR A LEAD-BASED PA1NT HAZARD CC�NTROL PROGRAM GRANT
FROM THE U.S. DEPARTMENT OF HOUSlNG AND URBAN DEVELOPMENT �AND
AUTHORiZATlDN TO ENTER fNTO AGREEMENTS W[TH THE C1TY OF DENTON,
THE FORT WOR7H HOUSING AUTHORiTY, AN� NONPROFI7 H�U51NG
ORGAMZATI�NS .
On May 8, 20a�, tne 5afety and Community Development Committ�e reviewed this proposal and
recommended City Councif appraval. �
FISCAL fNFORMATIO�I/CERT�FICATfON;
I T'UNA � ACCOUNT
� (to)
� GR76 451727
� GR76 472010
� GR76 488449
� GR76 5 (various)
� (from)
The Finance Director certEfiies that ��on award and r�ceipt of �he grant, appraval of the, abov�
recommendatians, and adoption af the attache� a�pr�priat�on ord�nance, tunds will be a�ai[able in the
current operating budget, as appropria#ed, of the Grants Fund.
L.W:k
a
Snbmitied for City Manager's
Office by: �
' Libby Watson
Originating Departmeut Iiead:
7erome Walker
Additional Information Contact:
b183
7537
C�NTER
005206711000
oa�2os���aoo
a�v206711000
0052D671 'i 0'f 0
AMOCTNT �
$2,700,OOOAO �
$ 270,�00.00 �
$ 30,OOO.DO I
$3,Q00,000.00 �
� GR76 b38070 0052086971$0
� c��y of Denton . $ 30,DDO,DO
Jerome Wallcer 7537 �
CITY BECR�TARY
APPROVED S/15/Ol
ORI]INAN�� NO. 14G22
�