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HomeMy WebLinkAboutContract 29201 CITY SECRETARY STATE OF TEXAS § CONTRACT NO. COUNTY OF TARRANT § THIS contract is made and entered into by and between the City of Fort Worth ("City"), acting by and through Reid Rector, its duly authorized Assistant City Manager, and Near Southeast Community Development Corporation ("Contractor"), by and through Greg Morton, its duly authorized Board President. Contractor's business address is 906 Leuda Street, Fort Worth Texas, 76104. WHEREAS, the City of Fort Worth has received grant monies from the United States Department of Housing and Urban Development ("HUD") through the Community Development Block Grant("CDBG") and, WHEREAS, the primary purpose of the CDBG Program is the development of viable urban communities, by providing decent housing, a suitable living environment and expanding economic opportunities,principally for persons of low and moderate income; and WHEREAS, the citizens of Fort Worth and the City Council of Fort Worth have determined that neighborhood revitalization is needed to assist persons of low and moderate income in Fort Worth and have designed the Model Blocks Program as a primary means of assisting those neighborhoods to achieve revitalization; and WHEREAS, the Near Southeast Neighborhood has adopted a comprehensive revitalization strategy for the Near Southeast Model Blocks area and was selected on July 18, 1997, to receive from the City of Fort Worth a Model Blocks award of $1.2 million for neighborhood revitalization; and WHEREAS, Contractor is the implementing arm of the Near Southeast neighborhood. NOW, THEREFORE,THIS AGREEMENT FURTHER WITNESSETH: That, the parties covenant and agree as follows: 1. Scope o Services a. The City hereby certifies that Contractor is a 501(c)(3), non-profit, development corporation responsible for implementing the neighborhood revitalization strategy for the Near Southeast Model Blocks area. Contractor will offer housing and neighborhood improvement services in keeping with the comprehensive revitalization strategy developed for the area. Contractor will undertake economic development activities in the Near Southeast neighborhood area described in EXHIBIT "A" — PROGRAM SUMMARY in accordance with EXHIBIT "B"- PROGRAM TIME LINE. b. Contractor agrees to meet the National Objective of activities benefiting low and moderate income individuals contained in Section 507.208 of the Community Development Block Grants of the HUD regulations ("Regulations"); and to maintain full documentation supporting fulfillment of this National Objective in its file . c. The City shall act through its agent, the City Manager, or his duly authorized representative, unless otherwise stated in this contract. Contractor agrees to comply with the uniform administrative requirements contained in Section 507.502 of the Community Development Block Grants of the HUD Regulations. In addition, Contractor must comply with requirements of Subchapter C of the Regulations. 2. Duration This contract period shall be for a term of one year, from the date of contract execution. This Contract may be extended for one (1) one-year term for justifiable cause. Contractor shall request the extension in writing and submit the request to the City sixty (60) days prior to the end of the Contract. The City may then approve extension of the Contract for another year. It is specifically understood that it is the City's sole discretion whether to approve or deny the request. If no request for extension is received after the expiration of the term of one year, the unexpended balance shall automatically revert to the City's CDBG Program Fund. In such event, the contract is deemed terminated. 3. Funding City provides the Contractor with CDBG monies in an amount not to exceed one hundred forty two thousand forty seven dollars and twenty seven cents ($142,047.27) to be used for economic and housing development activities. The funds must be expended in accordance with EXHIBIT "A" — PROGRAM SUMMARY and Program Operations in accordance with EXHIBIT "C" - OPERATING BUDGET. Contractor may not increase or decrease line-item amounts in its program and program operating budgets without the prior written approval of the City. All of the above activities must conform to rules and regulations as set forth in 24CFR570. Contractor will notify the City promptly of any additional funding it receives for operation of the Program, and City reserves the right to amend the program budget in such instances. 4. Compensation and Method ofPayment a. City will disburse CDBG to Contractor on an advance of funds basis. b. Payment will be processed by City following receipt from Contractor of the following monthly financial documents: (1) Attachment I-Sub-Grantee's Request For Funds, (2) Attachment II-Detail Statement of Costs, and (3) Attachment III-Expenditures Worksheet Report. Funds for the payment of eligible expenses shall be made against the line item budget specified in Exhibit C-Program Operating Budget and in accordance with performance specified in Exhibit B-Program Services Schedule. c. Contractor agrees to utilize all disbursed CDBG funds for the benefit of the Program. Contractor agrees that funds will be expended in accordance with the Program Operating Budget. Contractor may not increase or decrease line-item amounts in the approved CDBG Program Operating Budget without prior written approval by the City. 2 d. It is understood that CDBG funds represent only a portion of the total cost for operation of this program and that Contractor will obtain the remaining funds in excess of the CDBG amount as detailed in the Program Operating Budget. Contractor will notify City promptly of any additional funding it receives for operation of the Program, and City reserves the right to amend the Program Operating Budget in such instances. e. Contractor agrees to keep all CDBG monies on hand in interest bearing accounts. All interest earned shall be reported to City on a monthly basis, at the same time as submission of the monthly report following the end of the contract month during which the interest was earned. Interest in an amount of$25.00 or less per month may be used for authorized program expenses. These amounts must be reported on the monthly financial statements filed pursuant to this contract. Interest earned in excess of$25.00 per month is subject to remittance to City as directed by City. C Contractor will not commingle CDBG monies with any other funds in any manner which would prevent City from readily identifying program expenditures for operation of the Program. 5. Contractor and Subcontractor Agreements Contractor agrees that all work on the project will be performed under written contracts, and Contractor will ensure that all subcontracted work is performed under written contracts between the General Contractor or Project Manager and subcontractors and suppliers. Copies of contracts between General Contractor or Project Manager and all subcontractors performing work on the project must be submitted to City prior to work being performed. Contractor will require that the General Contractor or Project Manager make payments to all subcontractors, laborers and suppliers by check. Contractor will require all construction contractors and subcontractors to comply with the procedures concerning lead-based paint hazards, in accordance with EXHIBIT "D" - LEAD BASED PAINT GUIDELINES, attached hereto and made a part of this contract. 6. Inspection by City Contractor agrees to cooperate with City in arranging for inspections by representatives of the City of the progress of construction from time to time and will promptly comply with City's requirements and remedy any unsatisfactory conditions regarding construction or the progress thereof. 7. Monitoring by City a. City will monitor the performance of the Contractor against the performance standards required under this Contract not less than annually. Substandard performance as determined by City will constitute noncompliance with this Contract. If action to correct such substandard performance is not taken by Contractor within a reasonable period of time after being notified in writing by City, contract suspension or termination procedures will be initiated. b. Contractor agrees to fully cooperate with City in monitoring the Program. In this regard Contractor agrees to keep records sufficient to document its compliance with all applicable laws, regulations and Contract terms. In addition, Contractor agrees to fully 3 document all Program expenditures charged to CDBG funds. The documentation must support the amounts charged to the Program and demonstrate that the expenditures were appropriate to the stated goals of the Program and allowable under applicable federal, state and City guidelines. The City shall have access at all reasonable hours to offices and records (dealing with the use of the funds that are the basis of this Contract) of Contractor, its officers, directors, agents, employees, and subcontractors for the purpose of such monitoring. c. Contractor agrees to likewise monitor the effectiveness of the services and work to be performed by its subcontractors. 8. Income Eligibility The City uses the income definitions used by the Section 8 Program. Annual income includes earned income, income from assets, and income from other sources as defined by 24 CFR Part 5. Annual income is used to establish client eligibility. Contractor agrees to abide by HUD income guidelines, which are specific to the type of project that is undertaken by Contractor. Contractor shall use the most current Income Limits for Low-Income and Very Low-Income Families published by HUD to determine program eligibility. 9. Affli rmative Marketing Contractor must adopt affirmative marketing procedures and requirements for the housing units repaired under this Contract. The procedures and requirements must include methods for informing the residents of the Model Blocks area about fair housing laws and policies so as to ensure that individuals, without regard to race, creed, nationality or religion, are given an equal opportunity to participate in the Program. The Contractor will be solely responsible for the effectively marketing the program to achieve the objectives of the program. 10. Uniform Administrative Requirements and Cost Princ�ples a. Financial Management i. Accounting Standards The Contractor agrees to comply with 24 CFR 84.21 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. ii. Cost Principles Contractor shall administer the Program in conformance with OMB Circular A-122, "Cost Principles for Non-Profit Organizations" and attachments and revisions thereto, regarding principles for determining costs for the Program. b. Documentation and Record Keeping i. Contractor shall maintain all records pertinent to the activities to be funded under this Agreement required by HUD regulations specified in 24 CFR § 570.506. In addition, Contractor agrees to keep records to fully document all expenditures charged to the CDBG program. The documentation must support the amounts charged to Program and demonstrate that the expenditures were appropriate to the 4 stated goals of the Program and allowable under applicable federal, state and City guidelines. ii. Retention (1) All records pertaining to Program shall be retained for five (5) years following the date of termination of this contract. Contractor may destroy Program records at the end of this five (5) year period if no outstanding audit finding exists. (2) Contractor will maintain real property inventory records which clearly identify properties purchased, improved, or sold. Properties retained shall meet eligibility criteria and shall conform with 24 CFR § 570.505. iii.Close Outs Contractor's obligation to City shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. iv.Audits and Inspections (1) City, HUD, and the United States Comptroller General, or their representatives, shall have access to any books, documents, records and papers relating to the operations of Contractor under this contract for the purpose of audit, examination, exception and transcription at all reasonable hours at all offices of Contractor. (2) For all contracts in the amount of$300,000 or more, Contractor must submit to City an annual audit prepared in accordance with 24 CFR Sections § 570.502- 570.503 generally, with specific reference to OMB Circulars (with attachments) A-122 and A-133 as appropriate. The audit may cover either Contractor's fiscal year during which this contract is in force or cover the period of this contract. The audit must be prepared by an independent certified public accountant, be completed within twelve (12) months following the end of the period being audited and be submitted to City within thirty (30) days of its completion. Contractor's audit schedule is attached hereto as EXHIBIT "E" - AUDIT SCHEDULE. Costs of preparation of this audit may be an allowable expenditure of CDBG funds in an amount proportional to that of the CDBG funds used in contractor's total agency operating budget. (3) City reserves the right to perform an audit of Contractor's program operations and finances at any time during the term of this contract, if City determines that such audit is necessary for City's compliance with OMB Circular A-128. City will perform six (6) month and year-end financial and programmatic audits with periodic site visits as appropriate. Contractor agrees to allow access to all pertinent materials. If such audit reveals a questioned practice or expenditure, such questions must be resolved within fifteen (15) days after notice to Contractor. If questions are not resolved within this period, City reserves the right 5 to withhold further funding under this and/or future contract(s). (4) If as a result of any audit it is determined that Contractor has misused, misapplied or misappropriated all or any part of the grant funds described herein, Contractor agrees to reimburse the City the amount of such monies misused, misapplied or misappropriated, plus the amount of any sanction, penalty or other charge levied against City because of such misuse, misapplication or misappropriation. a. Procurement i. Compliance The Contractor shall comply with City policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property, as defined by such policy, procured with funds provided herein. ii. OMB Standards The Contractor shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84, Procurement Standards and Property Management Standards as modified by 24 CFR 570.502(b)(6), covering, covering utilization and disposal of property. iii. Contractor agrees that all work on the project will be performed under written contracts, and Contractor will ensure that all subcontracted work is performed under written contracts between the General Contractor or Project Manager and subcontractors and suppliers. Funds will be withheld on any Request for Funds to the City for goods or services for which there is no written agreement, or for which the written agreement was not approved by the City. 11. Roorting Procedures a. Program Income Contractor agrees that all program income from operation of the Program in proportion to the amount of CDBG funds received hereunder will be expended prior to expending CDBG monies and that any such program income is subject to the terms of this contract. CDBG monies may be expended by the Contractor only if program income is insufficient to meet all eligible program activity expenses. Contractor agrees to return to City at the end of the Contract any remaining program income earned from operation of the Program in proportion to the amount of CDBG funds in the overall operating budget. b. Progress Reports Contractor will submit to City on a monthly basis: (1) Attachment IV and (2) Attachment IV(A), Program Services Report to City for services and activities undertaken by Contractor in performance of this contract. The report will be signed by a duly authorized agent of Contractor and submitted by the 15`t' of the month following the month which is reported. The City is under no obligation to disburse funds for expenditures which occurred prior to the first day of the month for which the report is submitted. 6 12. Reversion ofAssets a. Contractor agrees to return to City any CDBG funds remaining on hand at the end of the Contract. b. All property purchased with CDBG funds under this contract will be used solely for operation of the Program. Contractor agrees to obtain City approval prior to purchase of property. Contractor agrees to notify City upon receipt of property so that it may be properly tagged and inventoried. Title to such property will be vested with the City, and, at the termination of the Program for which CDBG funds have been received, Contractor will deliver all such property to City for disposition at City's sole discretion. c. In the event the Contractor is dissolved, this contract shall thereupon terminate. In the event this contract is terminated with or without cause, or for any reason whatsoever, all assets of the CDBG funds including cash, interest payments thereon from loans or otherwise, all outstanding notes, mortgages and other instruments to secure CDBG funds and any real property owned by the Contractor that was acquired or improved with CDBG funds shall belong to the City and shall be transferred to the City or to such assignees as the City may designate. 13.Applicable Laws a. Federal Contractor agrees to comply with the following laws and the regulations issued thereunder as they are currently written or are hereafter amended during performance of this contract: • Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq) • Title VIII of the Civil Rights Act of 1968 (42 USC 3601 et seq) • Executive Orders 11063, 11246, as amended by 11375 and as supplemented by Department of Labor regulations (41 CFR, Part 60) • The Age Discrimination Act of 1975 (42 USC 6101-07 and implementing regulations at 24 CFR part 146) • The National Environmental Policy Act of 1969 (NEPA) and the related authorities listed HUD's implementing regulations (24 CFR Part 58). • Section 504 of the Rehabilitation Act of 1973 (29 USC 794) • The Immigration Reform and Control Act of 1986 (Pub. L. 99-603, 100 Stat. 3359, as amended), specifically including the provisions requiring employer verification of the legal status of its employees • The Housing and Community Development Act of 1987 (Pub. L. 100-242, 101 Stat. 1815, as amended) • The National Affordable Housing Act of 1990 • The Americans with Disabilities Act of 1990 (42 USC 12101 et seq) • The Drug Free Workplace Act of 1988 (24 CFR part 23, subpart F) b. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 7 1701 As the work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC 1701, Contractor convenants to abide by the requirements of the said Section 3. It requires as follows: i. That, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area, and ii. That, to the greatest extent feasible, contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. Contractor will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by HUD, set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. Contractor certifies and agrees that it is under no contractual or other disability which would prevent it from complying with these requirements. Contractor agrees that it will send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers representatives of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. Contractor agrees that it will include the said Section 3 clause in every subcontract for work in connection with the project and will, at direction of City, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by HUD, 24 CFR 135. Contractor agrees that it will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any contract unless the subcontractor has first provided Contractor with a preliminary statement of ability to comply with the requirements of these regulations. City and Contractor understand and agree that compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract shall be a condition of the Federal financial assistance provided to the project, binding upon the City and the Contractor, and their respective successors, assigns and subcontractors. Failure to fulfill these requirements shall subject Contractor and its subcontractors, its successors and assignees, to those sanctions specified by the Grant Agreement through which Federal assistance is provided and to such sanctions as are specified by 24 CFR 135. c. Clean Air Act; Clean Water Act; Environmental Protection Agency Acts (EPA) and Regulations This contract is subject to the requirements of Section 306 of the Clean Air Act, as amended (42 USC 1857(h) et seq.), Section 508 of the Clean Water Act (33 USC 1368), Water Pollution Control Act, as amended(33 USC 1251 et seq.) and the regulations of EPA with respect thereto at 40 CFR, Part 15, as amended from time to time, and Executive Order 11738 (42 USC 7606 nt.). In compliance with said regulations, Contractor agrees and, with respect to any nonexempt transaction, shall require each subcontractor to agree to the following requirements: i. A stipulation that no facility to be utilized in the performance of nonexempt contract or subcontract work is included on the List of Violating Facilities issued by EPA pursuant to 40 CFR 15.20; ii. Compliance with all the requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8), and Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318), relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308 and all regulations and guidelines issued hereunder; iii. A stipulation that, as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities; iv. Agreement by Contractor that it will include or cause to be included the criteria and requirements in Paragraphs (a) through (d) of this section in every nonexempt subcontract, requiring that Contractor will take such action as the City may direct as a means of enforcing such provisions. v. In no event shall any amount of the assistance provided under this contract be utilized with respect to a facility which has given rise to a conviction under the Clean Air Act or the Clean Water Act. d. Other Laws Contractor covenants and agrees that its officers, members, agents, employees, program participants and subcontractors shall abide by and comply with all other laws, Federal, State and local, relevant to the performance of this contract, including all ordinances, rules and regulations of the City of Fort Worth and the Housing and Community Development Act of 1974 (Pub. L. 93-383, 885 Stat. 633,), as amended, and all regulations pertaining thereto. Contractor further promises and agrees that it has read, and is familiar with, terms and conditions of the Community Development Block Grant under which funds are granted and that it will fully comply with same. It is agreed and understood that, if the City calls the attention of Contractor to any such violations on the part of Contractor or any of its officers, members, agents, employees, program participants or subcontractors, then Contractor shall immediately desist from and correct such violation. 9 14. Prohibition Against Discrimination a. Generally Contractor, in the execution, performance or attempted performance of this contract and agreement, will not unlawfully discriminate against any person or persons because of sex, race, religion, age, disability, color or national origin, nor will Contractor permit its officers, members, agents, employees, subcontractors or program participants to engage in such discrimination. b. Employment During the performance of this contract Contractor agrees, and will require all of its subcontractors to agree, as follows: i. Contractor will not unlawfully discriminate against any employee or applicant for employment because of sex, race, religion, age, disability, color or national origin. Contractor will take affirmation action to ensure that applicants are employed and that employees are treated during employment without unlawful regard to their sex, race, religion, age, disability, color or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. ii.Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to sex, race, religion, age, disability, color or national origin. c. Age i. In accordance with the policy of the Executive Branch of the Federal government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age, except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. ii. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. d. Disability 10 In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable Federal, State and local laws concerning disability and will defend, indemnify and hold the City harmless against any claims or allegations asserted by third parties or subcontractors against the City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. e. City Ordinances This agreement is made and entered into with reference specifically to the ordinances codified at Chapter 17, Article 111, Division 3 ("Discrimination in Employment Practices"), of the City Code of the City of Fort Worth, and Contractor hereby covenants and agrees that Contractor, its officers, members, agents, employees and subcontractors, have fully complied with all provisions of same and that no employee, employee-applicant or program participant has been discriminated against by the terms of such ordinances by either the Contractor or its officers, members, agents, employees or subcontractors. 15. Prohibition Against Interest a. No member, officer or employee of the City or its designees or agents; no member of the governing body of the locality in which the program is situated; and no other public official of such locality or localities, who exercises any functions or responsibilities with respect to the program funded hereunder during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed hereunder. Contractor shall incorporate, or cause to be incorporated, like language prohibiting such interest in all contracts and subcontracts hereunder. b. No member, officer, employee, or program participant of Contractor or its subcontractors shall have a financial interest, direct or indirect, in this contract or the monies transferred hereunder or be financially interested, directly or indirectly, in the sale to Contractor of any land, materials, supplies or services purchased with any funds transferred hereunder, except on behalf of Contractor, as an officer, employee, member or program participant. Any willful violation of this paragraph with the knowledge, expressed or implied, of Contractor or its subcontractors shall render this contract voidable by the City of Fort Worth. c. No member, officer, employee, agent, consultant, elected official or appointed official of the participating jurisdiction, Contractor or its subcontractors who exercised any functions or responsibilities with respect to activities assisted with CDBG funds or who are in a position to participate in a decision making process or gain inside information 11 with regard to these activities, may obtain a financial interest or benefit from a CDBG assisted activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 16. Minority and Women Business Enterprise Commitment Contractor agrees to abide by the City of Fort Worth's policy to involve Minority and Women Business Enterprises (MWBEs) in all phases of its procurement practices and to provide them an equal opportunity to compete for contracts for construction, provision of professional services, purchase of equipment and supplies and provision of other services required by City. Therefore, Contractor agrees to incorporate City Ordinance No. 11923 and Ordinance No. 13471, EXHIBIT "F", 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. 17. Non Assi n meet Contractor will not assign all or any part of its rights, privileges, responsibilities, or duties under this contract without the prior written approval of the City. Any purported assignment without such approval will constitute a breach of this contract and will be void in all respects. It is agreed that the City has the right to inspect and approve in writing any proposed subcontracts between Contractor and any subcontractor engaged in any activity in conjunction with this CDBG funded project prior to any charges being incurred. 18. Independent Contractor a. Contractor shall operate hereunder as an independent contractor and not as an officer, agent, servant or employee of the City. Contractor shall have exclusive control of, and the exclusive right to control, the details of the work and services performed hereunder, and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, members, agents, servants, employees, subcontractors, program participants, licensees or invitees. The doctrine of respondent superior shall not apply as between the City and Contractor, its officers, members, agents, servants, employees, subcontractors, program participants, licensees or invitees, and nothing herein shall be construed as creating a partnership or joint enterprise between the City and Contractor. It is expressly understood and agreed that no officer, member, agent, employee, subcontractor, licensee or invitee of the Contractor, nor any program participant hereunder, is in the paid service of the City and that the City does not have the legal right to control the details of the tasks performed hereunder by Contractor, its officers, members, agents, employees, subcontractors, program participants, licensees or invitees. b. City shall in no way nor under any circumstances be responsible for any property belonging to Contractor, its officers, members, agents, employees, subcontractors, program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged; and Contractor hereby indemnifies and holds harmless the City and its officers, agents, and employees from and against any and all claims or suits. 12 19. Insurance and Bonding a. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, City and its officers, agents, servants and employees from and against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or nonperformance of this contract and agreement and/or the operations, activities and services of the Program described herein, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of City; and Contractor hereby assumes all liability and responsibility of City and its officers, agents, servants, and employees for any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kinds or character, whether real or asserted, arising out of or in connection with the execution, performance, attempted performance or non-performance of this contract and agreement and/or the operations, activities and services of the programs described herein, whether or not caused in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of City. Contractor likewise covenants and agrees to and does hereby indemnify and hold harmless City from and against any and all injury, damage or destruction of property of City, arising out or in connection with all acts or omissions of Contractor, its officers, members, agents, employees, subcontractors, invitees, licensees, or program participants, or caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors or subcontractors of City. b. Contractor will maintain a blanket fidelity coverage in the form of an insurance bond in the amount of$30,000, 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 CDGB monies occasioned by such misconduct. To effectuate such reimbursement, such bond shall include a rider stating that reimbursement for any loss or losses thereunder shall be made directly to City for the uses and benefit of Contractor. c. Contractor shall furnish to the City , in a timely manner, certificates of insurance as proof that it has secured and paid for policies of commercial insurance as specified herein. Such insurance shall cover all insurable risks incident to or in connection with the execution, performance, attempted performance or nonperformance of this contract and agreement. Contractor shall maintain the following coverages and limits thereof: i. Commercial General Liability Insurance $500,000 each occurrence $500,000 aggregate limit ii. Business Automobile Liability Insurance $500,000 each accident Insurance policy shall be endorsed to cover"Any Auto". Pending availability of the following coverage, and at the discretion of the 13 Contractor, the policy shall be the primary responding insurance policy versus a personal auto insurance policy if or when in the course of Contractor's business as contracted herein. iii.Directors and Officers Insurance Optional (Highly Recommended) Note: This insurance shall cover the Contractor and any associated Board of Directors members. iv.Workers' Compensation Insurance Part A: Statutory Limits Part B: Employer's Liability $500,000 each accident $500,000 disease - each employee $500,000 disease—policy limit Note: Such insurance shall cover employees performing work on any and all projects including but not limited to construction, demolition, rehabilitation. Coverage shall be maintained by Contractor or its subcontractors. In the event the respective subcontractors do not maintain coverage, the Contractor shall maintain the coverage on such subcontractors for each applicable subcontract. V. Additional Requirements Such insurance amounts shall be revised upward at City's option and that Contractor shall revise such amounts within thirty (30) days following notice to Contractor of such requirements. Contractor will submit to City document that it has obtained insurance coverage and has executed bonds as required in this contract and prior to payment of any monies hereunder. Each insurance policy shall be endorsed to provide City with a maximum sixty (60) days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. Insurance policies required herein shall be endorsed to include the City of Fort Worth as an additional insured as its interests may appear. Additional insured parties shall include employees, officers, agents, and volunteers of the City of Fort Worth. The Workers' Compensation Insurance policy shall be endorsed to include a waiver of subrogation, also referred to as a waiver of rights of recovery, in favor of the City of Fort Worth. Any failure on part of the City to request certificate(s) of insurance shall not be construed as a waiver of such requirement nor as a waiver of the insurance requirements themselves. Insurers of Contractor's insurance policies shall be licensed to do business in the state of Texas by the Department of Insurance or be otherwise eligible and authorized to business in the state of Texas. Insurers shall be acceptable to the City insofar as their financial strength and solvency and each such company shall have a current minimum A.M. Best Key Rating Guide rating of A:VII or other equivalent insurance industry standard rating unless otherwise approved by the City of Fort Worth. Deductible limits on insurance policies shall not exceed $5,000 per occurrence unless otherwise approved by the City of Fort Worth. 14 In the event there are any local, federal or other regulatory insurance or bonding requirements for the housing program addressed in this contract, should such requirements exceed those specified herein, the former shall prevail. Contractor shall agree to require its subcontractors to maintain applicable insurance coverages, limits, and other requirements as those specified herein; and, Contractor shall require its subcontractors to provide Contractor with certificate(s) of insurance documenting same; and, Contractor shall require its subcontractors to have the City of Fort Worth and the Contractor endorsed as additional insureds (as their interests may appear) on their respective insurance policies. Contractor shall require its subcontractors to maintain builders risk insurance at the limit of applicable project(s) costs when the value of materials involved exceeds $10,000 or at a different limit value limit as specified by the City of Fort Worth. 20. Waiver oflmmunity If Contractor, as a charitable or nonprofit organization, has or claims an immunity or exemption(statutory or otherwise) from and against liability for damages or injury, including death, to persons or property, Contractor hereby expressly waives its rights to plead defensively such immunity or exemption as against City. This section shall not be construed to affect a governmental entity's immunities under constitutional, statutory or common law. 21. Termination a. In addition to, and not in substitution for, other provisions of this Agreement regarding the provision of public services with CDBG funds, pursuant to Title I of the Housing and Community Development Act of 1974, as amended, it is expressly understood and agreed by and between the parties hereto that this agreement is wholly conditioned upon the actual receipt by City of Federal CDBG Year funds; that all monies distributed to Contractor hereunder shall be exclusively from Federal monies received under said grant and not from any monies of City; and that if such funds under said grant are not timely forthcoming, in whole or in part, City may, at its sole discretion, terminate this contract and agreement and City shall not be liable for payment for any work or services performed by Contractor under or in connection with this contract. b. City may terminate this contract whenever such termination is determined to be in the best interest of City, or in event of Contractor's default, inability or failure to perform or to comply with any of the terms herein, or for other good cause. c. The parties acknowledge that CDBG funds paid hereunder are intended to provide only partial funding for Contractor's program operations. If non-CDBG funds included in the Operating Budget are not forthcoming to Contractor during the contract term, City may terminate this contract. d. CDBG funds provided hereunder may not be used as collateral for loans to Contractor to defray program operation expenses, and any attempted use of CDBG funds for this purpose will result in termination of this contract by City. 15 e. Termination will be effected by written notice to Contractor, specifying the portions of the contract affected and the effective date of termination. Upon Contractor's receipt of such termination notice, Contractor will: • Stop work under the contract on the date and to the extent specified by City; and • Cease expenditures of CDBG monies, except as necessary for completion of the portions of the contract not terminated; and • Terminate all orders and contracts to the extent that they relate to terminated portions of the contract. f. Contractor will return to City any unused monies previously distributed by City under this contract within thirty (30) days of the effective date of contract termination. City will have no responsibility or liability for Contractor's expenditures or actions occurring after the effective date of contract termination. 22. Certification Regarding Lobbying The undersigned representative of Contractor hereby certifies, to the best of his or her knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. Contractor shall require that the language of this certification be included in all subcontracts or agreements involving the expenditure of federal funds. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan or cooperative agreement, Contractor shall complete and submit Standard Form-LLL, " Disclosure Form to Report Lobbying,"in accordance with its instructions. 23. Miscellaneous Provisions a. All terms of this contract shall apply to any and all subcontractors of Contractor which are in any way paid with CDBG funds or which perform any work in connection with Contractor's program. b. The provisions of this agreement are severable, and, if for any reason a clause, sentence, paragraph or other part of this agreement shall be determined to be invalid by a court or federal or state agency, board or commission having jurisdiction over the subject matter thereof, such invalidity shall not affect other provisions which can be given effect without the invalid provision. 16 c. The paragraph headings contained herein are for convenience in reference to this contract and are not intended to define or to limit the scope of any provision of this contract. d. The failure of the City to insist upon the performance of any term or provision of this agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely upon any such term or right on any future occasion. e. Should any action, whether real or asserted, at law or in equity, arise out of the execution, performance, attempted performance or nonperformance of this contract, venue for said action shall lie in Tarrant County, Texas. f. This written instrument and the exhibits attached hereto, which are incorporated by reference and made a part of this contract for all purposes, constitute the entire contract between the parties hereto concerning the work and services under this contract. Any prior or contemporaneous oral or written agreement which purports to vary from the terms of this contract shall be void. Any amendments to the terms of this contract must be in writing and must be approved by each party to this contract. 17 IN WITNESS WHEREOF, the parties hereto have exrquted four copies of this contract in Fort Worth, Tarrant County, Texas, this a day of , A.D. 2003. APPROVED AS TO FORM AND LEGALITY: By: Assistant City Attorney ATTEST: CITY OF FORT WORTH C- «g� By: 4�ajz�� City Secretary Authorization B � � > Reid Rector, Assistant City Manager ATTEST: NEAR SOUTHEAST COMMUNITY DEVELOPMENT CORPORATION By: Greg orton, Board President STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared 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 she executed the same as the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of A.D. 2003. o�PPY P o. ROSELLA BARNES 'it Rs n' NOTARY PUBLIC 1P; state of Texas Notary Public in and for the State of Texas �9`•.....• ! Comm. Exp.03-31-2005 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 Greg Morton, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of the Near Southeast Community Development Corporation, and in the capacity therein stated as its duly authorized officer or representative. GIVEN UNDER MY HAND AND SEAL OF OFFICE this " day of A.D. 2003. L /0 I S Notary Public in and or - 19 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/7/2003 DATE: Tuesday, October 07, 2003 REFERENCE NO.: **C-19803 LOG NAME: 05NSECONTRACT1 SUBJECT: Community Development Block Grant Contract with the Near Southeast Community Development Corporation RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a contract with the Near Southeast Community Development Corporation, Inc. for one year in an amount not to exceed $142,047.27; and 2. Amend, extend or renew the contract, if necessary, to achieve project goals provided that the amendment, extension or renewal is within the scope of the project and in compliance with applicable laws and regulations. DISCUSSION: The Near Southeast Community Development Corporation (NSECDC) is the development arm of the Near Southeast Model Blocks. After receiving the $1.2 million award, the Model Blocks residents created and empowered the NSECDC to carry out, on their behalf, community development activities including housing and economic development projects. On July 18, 1997 (M&C C-161847), the City Council authorized $414,500.00 in Community Development Block Grant (CDBG) funds as part of the $1.2 million allocation to the Near Southeast Model Blocks. The City of Fort Worth contracted these funds with the NSECDC on September 8, 1997, through City Secretary Contract No. 23064. That contract was later amended by City Secretary Contract No. 24705, which added $151,701.00, and thus gave the NSECDC a total of $566,201.00. Those funds were approved for the NSECDC to undertake economic development activities, acquire, rehab and sell 5 houses to first-time homebuyers, and acquire 15 vacant lots for future housing development activities. On April 22, 2002, the agreement to complete all the projects was extended for one year through City Secretary Contract No. 27627. City Secretary Contract No. 27627 expired on April 21, 2003, with a balance of$142,047.27. The NSECDC has requested a new contract to help it complete outstanding housing and economic development obligations initiated through City Secretary Contract No. 27627. The balance will be used to complete the rehabilitation and sale of 3 more houses, and the development of office space for economic development purposes in the Near Southeast Model Blocks. The contract with the NSECDC was endorsed by the Housing and Workforce Development Committee at their July 15, 2003 meeting. The Near Southeast Model Blocks are located in COUNCIL DISTRICT 8. Unannme• 0SNfiF(YINTPACT1 PSIITP 1 .%f") FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 539120 005206132860 $1,877.35 GR76 539120 005206132830 $98.877.49 GR76 539120 005206132850 $41,292.43 Submitted for City Manager's Office b Reid Rector (6140) Originating Department Head: Jerome C Walker (7537) Jerome C Walker (7537) Additional Information Contact: Elizee Michel (7336) Vnannme• nSNCRC'C)NTR AC'Tl PaaP 7 of 7 EXHIBIT "A" PROGRAM SUMMARY—ECONOMIC DEVELOPMENT CDBG Funds Economic Development Fund $100,753.20 Description: Near Southeast Community Development Corporation will use the funds to pay for economic development costs and activities in the Near Southeast neighborhood area. The economic development funds should be used to acquire and/or rehab a building in the Near Southeast to provide office space for neighborhood businesses. The NSECDC can lease out or sell such office space to businesses in such a way that creates or retains employment or fosters economic development in the Near Southeast Model Blocks. NSECDC can use the economic development funding to pay for costs associated with the rehabilitation, leasing or selling of office space in the Near Southeast Model Blocks. Housing Development Fund $41,294.07 Description: Near Southeast Community Development Corporation will use the funds to pay for housing development cost and activities in the Near Southeast neighborhood area. The funds should be used to complete the rehab, resale of 4 houses previously acquired under contract No. 27627 as amended. Funds should be spent in accordance with the Community Development Block Grant(CDBG)regulations. 20 �. NL \�> N O N E NL \ ` O p cD 0 \ r M O E r � \ O O WE v� C y p c U p m c r L) E cn a m m c a p c 0 a m m po ° ° o .9- c O D a E.1 3 O cr cn_°C 0) � m a E CU o c u cu Q a U a 2 J EXHIBIT "C" OPERATING BUDGET O erating Bud et [A] [B] [C] [D] Total CDBG HOME Budget Budget CHDO Fundraising WINE s ' \ six .3 -5.� �, � .;. ✓ E,.\... Salaries $0 $31,304 $3,665 FICA- Medicare &Social Sec. $0 $2,398 $101 Health Insurance . s $0 $0 $0 Unemployment-State $0 $0 $0 Unemployment-Federal $0 $0 $0 Worker's compensation $0 $0 $0 Retirement $0 $0 $0 Misc.. Frin a Benefits I : °` $0 $0 $0 0 -° Office Supplies $0 $900 $694 Postage $0 $300 $200 Other Operating Supplies $0 $0 $200 Teaching Aids 3„3 $0 $0 $0 - � i$., $ , Telephone $0 $1,200 $400 Electric $0 $0 $0 Gas (utility) - \ ' $0 $0 $0 Water/Waste ., $0 $0 $0 Rent �f_ Q . :_ $0 $0 $0 Custodial Services Imam $0 $0 $0 Copier r$p $0 $0 $0 Office Equipment . $0 $0 $0 Printing } , $0 $700 $300 Repairs $0 $0 $0 Fidelity Bond _ $0 $0 $0 Liability Insurance $0 $7,173 $0 Consultant Fee ? $0 $0 $0 Legal &Accounting $0 $1,138 $0 Annual Audit $0 $0 $0 Other Professional Services $0 $1,000 $500 Private Auto Allowance-local "; $0 $0 $0 Private Auto Allowance-Other $0 $0 $0 Leased Vehicle Charges a $0 $0 $0 Gasoline, Oil & Lube $0 $0 $0 Conference& Seminars $0 $1,000 $556 Indirect Cost ` ,: $0 $0 $0 Contractual Services $0 $2,000 $1,884 Land $0 $0 $0 Furniture & Fixtures a $0 $0 $1,000 Office E ui ment $0 $887 $500 !10 tw 000 ..$10" - -- --.-------- --- EgHIBTT D . LEAD BASED PAL T GUIDELIN H S Lead-Based Paint Reguiavons Charges On September 15, 1999, HU-D issued anew federal lead-based paint regulation impienenfing Title X of the Housin and Community Development Act of 1992. T`�is regulatibn makes many important chznges in the lead-based Paint 9 requirements applicable to housing funded-though HUD's Community Planning and Development(CPD) program s, State and local jurisdictions that receive fundihq from the Community Development Bloc`,K Grant(CDBG) Program, HOME Program, McKinney Act homeless.pr drams and other CPD programs must prepare to meet these requirements by September 15, 2000. i Attachment I ADDRESSING LEAD-BASED PAIN / IN LOCAL HOUSING PROGRAMS—KEY-LESSONS Why is Action Needed? ❑ Lead-based paint in older housing is the primarxcause 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. Withou` threat to housing providers. action, it also poses a ❑ Tremendous progress has been made in reducing Lead poisoning. Lead-based remaining source of lead that directly threatens famiiies. Paint in housing is the final. ❑ States and communities are meeting the challenge. ➢ The new regulation presents challenges—it will impact housing program production and operations. ➢ Programs in many communities are alreadys ill impact program feat. y Practical actions are available that protect families Un.derstanding Lead and Lead-Based Paint Haza Lead poisoning does not have obvious symptoms;but it has long-term effects. Some potential effects include darnage to brain and nervous system, loss of intelligence and learning g i r`' The only way to know for sure if someone has been poisoned is to perform a blood test. Q Not all lead-based paint is a hazard. f I Intact lead-based paint does not cause lead exposure. Lea � A=� • - Lead hazards include deteriorated de d, orated paint,lead-contaminated dust and lead contaminafe-d soil. Meeting the New Lead-Based Paint Regulation Q The new lead-based a' p..mt regulation emphasizes - � Pf,?ctical solutions. C r Required actions depend upon the activr'iy,as v;ell as the amount and duration of Fedar?I.assistance. I > Lead hazard reduction, rather than abatement I ❑ The regulation gives States and communities flexibility. j l TAKING ACTION TO ADDRESS LEAD-BASED PAINT By September 15,2000,successful State and locaVhcusing 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�vork practices and achieving"clearance" Implementing ongoing maintenance where required Responding to lead poisoned children I ❑ Obtained training for contractors and program s[aft'on:lead hazard evaluation and reduction. G] Developed methods and assembled materials to educate rental property mvners, homeo%;mer , and occupants o;rental housing about the new requirements. ❑ Established working relationships with lead professionals and key-partners, such as risk assessors and . clearance technicians, public health departments and HUD lead grantees. ❑ Created procedures for determining when is it more cost-effective to presume that lead hazards are present, and when it makes sense to evaluate a prope,iy. i r ,F � � y U N N O .0 U C) _ :O OX � cv ,m o C v v CrJ Q. C Z7-0 CJ O {, U C7 L1 .0 U c CL ` C,iO N 'cu U L7 M n CL N . cu rj .C:�. - n .f a p o o .y o o y a•{+� C1 -< 2 Y U C U } .0 -C.3 �.- Cf) O C O .0 U ED-C p CIO Z CV •(v. t •(n o Cl) U o' m co y :O U _ CD N.• C-) ca CJ Z .to .Q._ C N C UO _ a C Co Cl) F- -ca o -m•. N ca v = v 'a n C LU 'O c '3'Y O -C r0 ' -15, ca - ca O C CZ cu C.3 Elf C) F— o `o CL m' .0.. O O •D .N C U CD CU LU D -2 C U U N O C c C O CC'S'm r CU 2 U - -C •p N C C . .fJ C�- O Q ._� '_C O .Q .C1 _C C3• L Q C� 0)CL7. .. C U N (.) U G7 .c3 '�Y U CJ L L c is Cf7 U Z Z .0 cl- ¢ n c � o 4 ° C-. C CZ>t -ca to 'N CT IO • C -p CU N N O Y O O C O O o° �'m' ' n ~ E a c .o a. a c b .= o r Lo LLI v3 U Z Z C a •° o- U =' N U O U -_- Q 01 -CD Y U O C h U = C _ � _ C (z O u ..Y CU) U O) ` -0 _O C1 O a p U = C cr2 U Z C)Ei JS O c . c .N c. W o c T3 CJ O rJ C cJ O � C o n O. •O > C_ C C C C� _ Id � --j LL Attachment 3 FOUR.APPRO�CHES 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 vrork practices used when on all surfaces being disturbed. vrorking on 9'reas identned as lead- based paint.' Clearance performed on work site. APPROACH 2. IDENTIFYA�D STAEILIZE-DETERIORA;ED PAINT. Lead Hazard Evaluation Lead Hazard Reduction Options Usual assessment performed to Paint stabiiiration of identified .identify deteriorated paint. deteriorated Perform paint testing on faint. deteriorated paint. Safe.work Safe work practices used. Practice requirements only apply to Clearance performed unit-wide, lead-based paint. APPROACH-3. IBENT1FYAND CONTROL LEAD HAZARDS Lead Hazard Evaluation Lead Hazard Reduction Options Paint testing Performed on surfaces Interim controls performed on Presume lead based paint and/or to be disturbed. identfed hazards. lead based pai,�t hazards are Risk assessment performed on Safe work practices used. :Present and perorrn standard en5re dwelling.. treatments. Clearance pe.i7ormed unit-~vide. APPROACH.4. -IDENTIF`(AN�-A$ATE L_.EAD HAZARDS - Lead Hazard Evaluation Lead Hazard Reduction Options Paint testing performed on surfaces Abatement pE�rormed on identified Presume lead-based paint and/or to bedisturbvd, 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 exter'or that all applicable surfaces ar--not disturbed by rehabilitation. deteriorated impact,friction, chewablesurac-s, and surfaces to Safe work practices used. be disturbed. Clearance permed unit-v de. i J ATTACHMENT 4 "LEAD SPEAK"-A BRIEF GLOSSARY f COMMW; EAD-BASED PAINT TERMS Lead Based Paint: Paint that contains at least 1 milligram per centimetersquare (mglcm2) of lead. Also measured as reater than 0.5 percent lead or has 5,000 parts per 'million(pipm) lead by dry weight, g Lead-Based Paint Hazards: Housing conditions tha'cause human exposure to unsa e levels of lead from paint. These conditions include deteriorated lead-based paint;fi'con, impact or chewable painted surfaces;lead-contamn ato dust;or lead- contaminated soil. LEAD HAZARD EVALUATION Y: Visual Assessment:A visual evaluation of interior and e)terior painted surfa' 'to identify specific conditions that contribute lead-based paint hazards. The assessment is performed by a certified risk assessor or ity Standards (HQS) ` to -inspector trained in visual assessment. housing Quality Paint Testing: Testing-of specific surfaces,by XRF(x-ray fluorescence)or lab ana,'ysis, to def�rmine the lead content of surfaces, performed by a certified lead-based paint inspector or certified risk assessor, these Risk Assessment:A comprehensive evaluation for lead-based paint hazards that includes paint testing, dust and soil sam lin and a visual evaluation. The risk assessment report identifies lead hazards and appropriate lead hazard reduction m ethodsP.A o cerjr;ed risk assessor must conduct the assessment. Lead Hazard Screen:A limited risk assessment activitx that can be performed instead of a risk assessment in units that certain criteria(e.g.good condition). The screen must be � ' �meet screen, a full risk assessment must be performed. p formed by a ceriitied risk assessor. If the unit fails the lead hazard Clearance Examination:Clearance is performed after�azard reduction,rehabilitation ormGintenanceacMies to detemine ff a unit is safe for occupancy.. It involves a visual assessment,analysis,of dust and soil Samples,and re aration o, re ort.A r certified risk assessor, paint inspector,or clearance'fecl nician(independent from entity�nd victual conducting pain t-stpbilization or hazard reduction)conducts clearance. LEAD HAZARD REDUCTION Paint Stabilization: An interim control method that stab'iHzes.paiinted deterioration. Steps include repairing defective surfaces; remong l ose paint and applying nevi pa nderiymg cause of Interim Controls: Set of measures to temporarily cono lead-based paint hazards. Interim control methods must t­ completed by qualified vrorFers using safe trod practice . Follovr-up monitoring is needed. Standard Treatments: A complete set of intenm control'methods that when used together temporarily control all potential lead hazards in a unit.'Because they address all conditions, a.risk assessment p t-eatments must be com leted•b p fit or other evaluation is not needed, Standard P y qualified workers usin :-saf�vror'� rac6ces. As with interim controls,fcllo,r-up monitoring is needed. Abatement: Measures to pemnanently control lead-based paint or 1-0-ad-based paint hazos. 0 LEAD POISONING Environmental Intervention Blood Lead Level;'The.level of lead in blood that requires intervention in a child under age six. This is defined as'a blood lead level of 20 pgld[ (micrograms per deciliter)of whole blood or above for a single test, or blood lead levels of 15-19 p 9/dL in two.tests taken at least tree months apart. LEAD-BASED PAINT- KEY UNITS OF MEASUREMENT Ng (Microgram):A microgram is 1/1000 of a milligram (orone thousand micrograms are needed to equal a milligram). To p.ut this unit into perspective, a penny weighs-2 grams. To get a microgram;you would need to divide the penny into 2 million pieces. A microgram is one of those two mili-ion pieces. fr (Square foot): -One square foot is equal to an area*that has a length of one foot(12 inches)and amidth of one foot(12 inches). N91h, 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 lead in-du-st and soil samples.The clzarance report should have the results(fisted in pg.Ft'(micrograms per square foot). mg.lcmz: Milligrams per square centimeter, used for paint by XRF machines. percent: Percent by weight, used usually for lead-based paint(1 percent= 10,000 Vg/gram) ppm: Pa Ls per million by weight, equivalent to ug/grams-(10,000 ppm= 1 percent). 4 LEAD-BASED PAINT STANDARDS Paint—Definition of Lead-Based Paint Paint that contains at least: ➢ 1 milligram per centimetersqua.re (mg/cmz) of lead; ➢ 0.5 percent lead;or ➢ 5,000 parts per million (ppm)lead by dFy weight t Dust—Thresholds for Lead-Contamination (P,isk Assessment/Clearance) ➢ Floors 40 po,�Z ➢ lnterior-window sifts 250 p' g/r- ➢ Window troughs(Clearance ) 800 nce gin( pgJrt= Soil Thresholds for Soil Contamination ➢ Play areas used by children 6nder age 6 400 ,_,g/gram ➢ Culeraraas x,000 ,glgr Attachment 5---SUMMARY OF_-,MAJOR REGULATION CHANGES BYA-CTIVITY TABLE 1; REHABILITATION ACTIVITIES CURRENT REQUIREMENTS NEW REQUIREMENTS (All activities) <$50D0luni.t $5000-$25,OD0/unit >$25,000/unit Applicability Applicability Under the current regulalion,the lead-based paint The new regulation outlines lead-based paint requirements specifically for requirements for rehabiiitauon 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 vrork, as-described in tns CPD programs (most simply refer to 24 CFR 35).The part of bye regula5on,are the same regardless of tie source of progra„f HOME program has the most extensive guidance on fuhding, but they differ based on m the level of funding to z propeiy. requirements. CDBG applies lead requirements only to rehabilitation activities. -; Notification N-otinc_ation Occupants, owner occupants, and purchasers of Same as current requirement. assisted properties must receive notincation of the The new regulation also requires written notice to occupants informing tiem of potential presence and hazards.of lead-based paint. lead hazard evaluation or reduction activities. NoliEcation is achieved through the distribution of the EPMUD/CPSC lead-based paint hazard informaRon . pamphlet Aft property ovrners(both subsidized and market rate) must"disclose available inform 2 on about the presence of lead-based paint and provide prospective buyersloccupants with any existing documentation on known lend-based paint hazards in the dwelling unit Visual Inspection Paint Testing 9 Paint Testing and Risk Assessment Visual inspections must be performed on properties Pajnted surfaces G!at wN Pehabifita5on assistance greater than SS0 00. constiued prior to 1976 to identify defective pain' bedisturued during" unit requires a hither(eve(of lead hazard 1 sue acts. rehabilitation must be evaluation. tes-ted for lead- ased �G b Paint Testing—Tesf surfaces that will be pain f,unless a surface is disturbed by the rehabilitation for lead-based assumed to contain lead- paint. For surfaces.assumed to contain lead- baed 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 dus, soil, and paint and a written report of the results. • Option for units receiving assistance bettiveen 55,000 and$25,000-The crane-- may assume tifat lead based paint and lead hazards are present, forego the paint to linc and risk assessment, and conduct standard tea�ner.ts. OpE on for units receiving more than $25,000—The grantee_ may assume that I=;zd- based paint and lead hazards are pr Vsen!, forego pain'testing and risk assessment, and t abate 8 painted surfaces disturber during rehabi i;abon t;,at z:e presumed to here lezd- ba�"� ail I e-S GMed h,a-a,d S. J Q r SUMMARY OF MAJOR' REGULATION CHANCES BY ACTIVITY TABLE 1. REHAkITATION ACTIVITIES (Continued) CURRENT REQUIREMENTS NEW REQUIREMENTS (A!! activities) $50001unit $5000-$25,000 1unit >$25 000/uJ]n Treatment Paint Repair Lead Hazard Abatement Any defective paint surfaces must be safely treated Repair surfaces that are Reduction Any lead-basduring rehabilitation. Under the current regulations, disturbed by Any lead based pint hazards founthis requires removal or covering of the defective jehabilitation in a safe hazards found during and common surface. manner, the risk assessment must be conmust be controlled - using abatem using interim controls or methods: abatement methods. Lead-based paint Standard treatments 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 punt h2=ards is int�rim controls or assumed. abatement_ Safe.Work Practices Safe Work Practices -Current regulations establish some provisions Rzhabiiitadon work that disturbs surfaces knorm or assumed to contain lead- regarding safe and prohibited methods for work. biased paint must be,performed using safe worlk practices. Safe work practices a,e not required for work that disturbs surfaces below de minhais levels. The new regulation establishes more extensive requirements for safe work p;acGws,including an updated list of prohibited methods. There are additional safely precautions for occupant protection,woAsite preparation,and cleanup activities. Clearance Clearance Not required. Qnce hazard reduction work is compieted, a clearance examination must be performed by a certified professional to'ensure Cat no lead-based paint hazards remain.Clearance is required for all categories of rehabilitation atuYl d es. Y For rehabilitation assistance<5,000 per unit,clearance is required only for the worksite. For rehabilitation assistance>55,000 per unit,clearance is required for the unit, common areas,and exterior areas vnere rehabilitation took place. Clearance involves a visual assessment and dust testing after cleanup is complete. A clearance report most be prepared. If abatement is conducted,an a5aternent report is required in p(zw� of a clearance report Ongoing hfiaintenance and Monitoring Ongoing Maintenance None required. Cknem of rental prooerties receiving rehabilitation assistance through the HOME program must incorporate ongoing lead-based paint maintenance activities into regular building opera5ons. -EEL Requirements Environmental Intervention Blood Lead Level Requirement If an EEL child is idar0ed, chewable surfaces most Tlie new regulation does no:require 2C-bon by gran`ees when a child vrith an be tested for lead-based paint and treated as environmental intervention blood lead level is found to t>e living in a unit that has necessary. received rehabilitation assistance, c TABLE 2: TENANT-BASED RENTAL ASSISTANCE ACTIVITIES CURRENT REQUIREMENTS NEW REQUIREMENTS -Applicabii'rty ' Applicability Under the current regulation,the lead based paint requirements for The new regulation outlines lead bas d paint requirements specificapy for tenant based rental assistance activities are the same as those fo other Federally funded tenant-based rental assistance work. These requirements program activities. Each CPD program has its own lead-based paint zpply to HUD programs th2t"provide assistance for tenant-based rental regulation. assistance,including CPD4inded tenant-based rental 2ssist2nce activities. Lead-based paint requirements are similar across CPD programs'fmost simply refer to 24 CFR 35).The general requirements that apply le all these programs-are described below. Notification Notification Occupants must receive a notfication about the potential presence and Sarre as current r=quiremen; parmh2 abut of if the E 2d paint. Notification lea -can be achieved through'thp The new regulation also requires vrri;:en notice to occupants infanrdng Lhem of ri let. of the EPA/r'UDrCPSC lead-based paint hazard inforration lead hazard evaluation or reduction 2�,ivities. pamphlet Alf property owners(both subsidized and market rte)must disclose available information about the presence of lead-based paint and provide prospective buyers/occupants with any existing documentation of known lead-based paint hazards in the dwelling unit. Visual Inspection Vsual Assessment Units occupied by families Kith children under age seven must be Under the new regul2tion,units cccuried by families v;it`t children under ace six visually inspected fordcfeetive paint surfaces prior to occupancy 2rd eri must ba inspected far d=;eriora!ed pair sat ac s.A visual assessment is a an ongoing basis, visual search ch for cricking;scaling;piing,or chipping paint., Paint Stabilizafion I " ' Defective paint surfaces must be safety fretted within 30 days of fha Ali dote iorated paint sulfa-..._s in of dweflinS roust underafl paint st_ fi,25c i. inspz Lion either by covering the surface ti'riuh permanent wall covering Paint stabifi�2tion is similar to the trealment activities required under current (such as wallboard)o.by s 2pin.g and repainting Gne sun2ce. L,.l f eirr}nS. However,tddif!rn2i Scf arCS must be ir�iplemented io reduce tile Safe Work Practices risk of creatino leaded dust Safe Work Practices Current regulations establish some provisions reaardin safe and ' _ g h Pa:t Prohibited me hcds.for wort slabilizatron mL'St t?p�iiarle using safe work p:c tiC2S. The he n_x k. regufa ion has more extensive requirements for save vror<prcticzj,inducing zn ucdated list of prohibit=ed methods. Tr-era are addidona!safety p; utions. Clearance for occupant protEz,ton,NIOfksite preparaticr,,and cleanup 2ctivibes,. Clearance IFlot required. ni lc: t SiablllZafton,z Clea.'2nc2 Exa.min—Li0n must be performefJ by a Crirrie'd professional to ensure that 2!1 required work was done'End no 151--d- based paint hazards remain. Cie,-rear. involves a visual assess ment aid dust testing ci,ercleanup is complete. Ongoing Maintenance and Monitoring Ongoing Maintenance None required. Owns of a:f tenanl-based rental ass s,ence praperties must inoo,T;ora!e ongoing lead-based paint maim= 2.lce acivites into.reoular buifoing oper25ons. 1 E6L Requirements Environmental Intervention Blood Lead Level Requirements If to EEL wild is identned;chewable surfaces must be tested. tf lead- If child viith an environmental inteNen5on bled lead level is idenu��,the ` bas paint is present,the su aces must b abated, gwn=r must complete a risk zs essmnt of the d%vefling unit where the Giild resides within 15 calendar days and ca,duct interim conGcls or abet>_m-_it within 15 calendar days of risk assess–ment to cbntrol U5a idenNed lend The grzntae must con,rnunic_–t=v,fti S;a'=_ and Iecal hezllh agencies to provide end receive identification ir,form2tion about children vrth ehviron-ent2l int=ervention blood lead levels.Quaine^),cr , 2. ! must m2.Ch info . 0. CG l Environmental intervention b1a--,d lead Is,e!uses with nemes and addresses of f2mi5es rece.ving Fedaral assstanr~, i iQ TABLE 3: ACQUISITION, LEASING; SUPPORT SERVICES; AND OPERATIONS ACTIVITIES rLEadCURRENT REQUIREMENTS ! NEW REQUIREMENTS -base,j ability Applicability the current regulation,the lead-based paint requirements for ' Tne new regulation outlines lead-based paint requirements sPecilc lly for ition,teasing,support services,and operations activities are the Federally funded acquisition,I=_asirg,support services,and operations work. s those for other program,activities. Each CPD program has Theca rjuiremenls apply to HUD programs that provide assistance for lead-based paint regulation. acquisit on,leasing;support services,and operations activiG=s,including CPD ased paint requir emenls are similar across CPD programs f unded acquisition,leasing,support services,and operations adivities. imply refer to 24 CFR 3�).However,the HOME pre�gr-aarn has st extensive guidance on requirements,but it differs from other s by spzci-tying activities that are exempt The general erts that apply to all these programs are described below. Notifica ion Not fi-a'on Purchases and occ upahts of properties constructed prior to 1978 Sane as curenf requirement. must 2b2ive a notit7cafion about the potential presence of lead bas aria hazards The new regulation also requir=s w i,en notice to occupants i.nfpriing thorn of paint ed ....This can be achieved through the distribution of lead hazard evaluation or reduc9ion acdvities. the EPA/HUD/CPSC ead�ased paint hazard information zamphlet. All property owners(botif subsidized rand market rate)musi disclose available information about Ehe presence of lead-based paipt and . provide prospective buyers/occupants with any existing documentation on known lead-based paint hazards in the&elling unit. Usual Inspection Visual Assessment Properties construded prior to 1978 must be visually inspected for Under the new regulation,insp_signs for defedora(ed paint sur-faces are detective paint Surfaces. requir°_d In properties construe=d prier to 1978. A visual assessment is a visual sea,ch for cracking,scafinc,p—ling,or chipping paint. Treatment Paint Stabil align Def&-tive paint suracas must be saiely treated either by covering the All deterior=d paint sun,-aces must urdergo paint stabilization. Painl surface with pemlarent wall covering(such as wallboard)of by stabilization is similar to the trea7nent activities required under current, soaping and repainting the sur,-ace. regulations However,additfcna!safeguards must be implemented to educe tre risk of headed dust. Safe Work Practices Safe Work PracEices Current regulations establish some provisions regarding safes and Paint stabilization must be • pergr using s_e work prac5xs. The few pr ohibited methods for work, rao uIation has n ore-extensive requirements for safe work p:�adices,in,cudi„g an updated list of prohibited n_thcds. Thera are 2ddi5onal sGic y precautions for c�upant protection,worlcsite preparation,and cleanup ac°5vities. Clearance Clearance Not required. Amer paint stabilization,a clearance examination must be pr,domad by a cert�fied professional to ensure Lha(all required work was done and ro leafs based paint hazards remain. Clearance involves a visual ass=essment and dus: testing a ter cleanup is complete. Ongoing Maintenance and Monitoring Ongoing Maintenance None required. Grn,a`s of acquisition,lersin_,support services,and ope2Gons atti a must incorporate ongoing lezd-based paint maintenance acu'vides into r_u!ar building cpe250ns. EEL Requirements Environmental Intervention Blood Lead Level Requirements r,an Ei3!u'lild is identr d,ch s ne,__surfaces must 1_tested for The new rejulation does not require 2,-Jon by granter when a wild v,� a.1 Iced based pain(end treated as nU ssacy, environmental intervention blood lez-d level is found to to living in a unit tra: has received acquisition,leasing,support services,or opc2ticns assistance. 1i ATTACHMENT 6 SPECIAL REQUIREMENTS FOR INSULAR AREAS[24 CFR 35.940] Insular areas are U.S. territories incuding American Samoa., Guam, Mariana Islands, Micronesia, Republic of the Marshall Islands,Republic of"alau; 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 grant'ees in insular areas. Grantees must still(meet the new requirements for tenant-based rental assistance and other program activities (e.g,t cquisifion, leasing,support service, and operations activities) that must be met by all grantees. Federal funding up to and includiri"g $5,0"00 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 2Ad the repair of disturbed paint. After the work is completed, the worksite must Pass a clearance examination before occupants are allowed to retum to areas where work was performed. Federal funding over$5,000 per urilt Reduced"lead hazard evaluation and reduction ' requirements are established•forproject's in ins.ularareas"for.rehabifitation greater than S5,000.-Before rehabilitation work starts,a visual assessment must be conducted by someone trained to identify deteriorated paint. (There is no paint testing orisk assessment requirements.) Granteys*must conduct paint stabilization-on all deteriorated paint and all surfaces that will be disturbed during rehabilitation. (There are no interim controls.orabatement requirements.) The dwelling units and common areas that service those units must pass a clearance examination.-before occupants are alaovred to occupy rooms or spaces where paint stabilization took place. j I DIxlosure of Infomiati.on an ead-Based paint and/or Lead-Based Paint Hazards Lead Warning Statement Every purchaser of any interest in residenflal real properly notified thatsuch property may present exposuFe le om lead-based pa nt dwelling��built prior to 7978 is of developing lead poisoning. Lead poisoning in young children may produce permanent children at risk including learning disabilities, reduced intelligence quotient behavioral problems, and impaired memo Lead P t neurological damage, poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any informafori on lead-based paint hazards from risk assessments or ins ection in the seller's possession and notify the buyer of i�ny!mown lead-based paint hazards. A risk assesmment or in� ection for possible lead-based paint hazards is recommended prior to purchase. P SeIler's Disclosure (a) Presence of lead-based paint and/or lead-based paint hazards (check i () or (H) below): (i) Known lead-based paint and/or lead-based paint hazards are present In the housing g (ii) Seller has no knowledge of lead-based paint and/or lead-based ain (b) Records and reports available to the seller(check (i) or(ii) below): p t hazards in the housing. (i) Seiler has provided the purcha5er..with.all available records and reports pe.rtaining to lead- based paint and/or lead-based'paint hazards in the housing(list documents below). (ii) Seller has no reports or records: pertaining to Lead-based paint and/or I hazards in the housing. P lead-based paint Purchaser's Acknowledgment (initial) (c) Purchaser has received copies o all information listed above_ (d) Purchaser has,received the pamphlet Protect Your Fomilyfrom Lead in Your Home. (e) Purchaser has (check (i) or (ii) below): (i) received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assess- ment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or waived the opportunity to conduct a risk assessment or Inspection for the presence of lead-based paint and/or lead-based paint hazards. Agent's Acknowledgment (initial) (fl Agent has informed the seller of the seller's obligations under 42 U.S.C. 4852 aware of his/her responsibility to,ensure compliance. (d) and is Certification of Accuracy The following parties have reviewed the Information,'above and certify, to the best of their knowled e that the information they have provided is true and accurate. g - Seller Date Seller Date Purchaser Date Purchaser Date Dave "Dent Date Decfarad6n de Inforrnaci6n sabre Pintur,a Base de Pfomo y/o Peligros de la Plntura a B Declarad6n sabre 10s Peligros del Plomo. _ asp de Piomo re dencal a to-d comprador u c1cha'er Inters en propledad real res/dendal en la coal foe construfda una vlvl residencfal antes del ano 7978, que dicha propledad puede presentar Una expos(cl6n a c Cu de e pintura a base de len que podr/a goner a nlnosJdvenes en slfuacl6n.de ergo de desarrollar envenenamlenfo de plomo. El envenenamlenfo ea plomo en ntnos jdvenes puede produclr Banos n,es fd lcos p e coclenfe de/nfellgencla reducido problemas-de con)porto-glcOs e manent e, I nodo. E!envenenamlenfo de plomo tam 9 pernianenfes, Incluyendo Incap4c1dad para el aprend/zaje, representa un peilgro esp.edal para las mujeres emb'brazadas. El vendedorde cualquferinfer&s en una propledad prlvada real resldenclal tlene la obligaddn de proporcionarfe al comprador toda la Informacrdn que p bleu a base r elomo que se hayad def inturado en e✓ Iciadones o inspecdones de riesgo y de nObre los e ros d e d pI nt ure cuafguler pefigro que conozca de la pinfura a base d plomo. Se rin ec nda redli nes-g valua�icao ln�ef'�dd rad pinfura pefigros de la pintura a base de pfomo antes de la c-e pra. p e posibles Declarad6n del Vendedor (a) Presencia de pintura a base de plomo y/o pelgros de pinfura a base de lomo U) Confrmad-o q ue ha P (marque (i) o (ii)abajo): (explique). Y Pinfura a base de plomo y/o peligro de pintura a base de plomo en la vivlenda -i (ii) El vendedor no tiene ningun conocimiento de que haya pintura pintura a base de plomo en la vivi� a base de nda: P y/o peligro de (b)Archlvos e Informer disponibles para.el vendeclbr(marque (i) 6 {ii) abajo): - (�) E! vendedor le ha proporcionado a? tom`' - dos con pintura a base de plomo r p pb dor tpdos-los archivos e informer disponibles reiadona documentos abajo). p Y=o eliaro de pintura a base de plomo en la vivlenda (anote los {ii) . El vendedor no tiene archivos ni inf?rmes relacionadds con pintura a base de plomo y/o peli ro de pintura a base de plomo en la vivienda. g Acuse de Redbo dei.Comprador(initial) Vic) E( comprador ha recibido copias de Coda la infarmaci6n indicada arriba. (d) El comprador ha redbido el folieto tiLulado Proteja a Su Familia del plomo en Su Casa. (e) El comprador ha_ (marque (1) 6 (ii) abajo): {i) redbido ur}a oportunidad por TO dia.$(o un periodo de tiempo de mutuo acuerdo evaluacian o inspecci6n de riesgo dEFFpresencia de pintura a base de plomo o de eli ros de in ura a base de plomo; o ) para hater una P g . p. renunciado a la oportunidad de hac6r una evaluation o inspecci6n de riesgo de presencia de pintura a base de plomo o de peligrus de pintura a base de plomo. Acuse de Recibo cfel Agente (initial) (fl — El agente le ha informado al vendedor de las obligaciones del vendedor de 42 U.S.C. 4852(d) y esta consciente de su re'sponsabilidad de asegurar su cumpl m�ento.n Certifcaci6n de Exactitud Las partes siguientes han revisado la information que aparece arriba y certifican que, se un su entender, f informaci6n que han proporcionado es verdadera y,exacta. g oda la Vendedor Fecha Vendedor Gomprador Fecha Fe�na Comprador °.gent- F ra air Fecha / F \t'^ •.•." .•.. 2 ,' `• ® I I III ii � vw r E � f Y - _ 1 L � xt�'.`x-z°��yr'°�. ��,. �•, �,�. , rE • 1 Are YOU Plannin TO Buy, Rent, or Renova a Horne Built 86f6re 1978? e k any houses and,apartments built before 1978 have paint that contains lead (called lead-based paint). Lead from paint, chips, and dust can pose serious health hazards if not taken care of properly. Federal law requires that'individuals receive certain information before renting, buying, or renovating pre-1978 housing: -° LANDLORDS have to disclose known infor- ma'tion on lead-based paint and lead-based ;l pait"hazards before leases take effect. Leases must include a disclosure form i about lead-based paint. SELI ERS have to disclose known informa- tion on lead-based paint and lead-based pale t hazards before selling a house. Sales contracts.must include a disclosure form abotit_lead-based.paint. Buyers have up to - 10 clays to check for lead hazards. ` RENOVATORS have to give you this '3 pa�'ph"let before starting work. (After June 1 1999.) IF YqU WANT P,CORE INFORINJATIOij Y" on these requirements, "call the Natio,nal Lead Information Clearinghouse at 1-�BQO-424-LEAD. {7•I ........_....__._.................._..._.._---_:-----------.---------.--------------------..-. This document i.s in the public domain: It may be reproduced by an individual or organization without permission.inrormation provided in this booklet is based upon current scientific and techn4--ai understanding or the issues presented and is reflective or the jurisdictional boundaries established by the statutes governing the co-authoring agencies. follow€ng 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. r IMPORTANR Lead F? 'OM Paint; Dust, add r i Can Eie Ran erO s If Not Manbged Properly FACT: Lead ex p9sure can harm young children acid babies even before they are born. FACT; Even child n who seem healthy can have high levels of.lead in their bodies. FACT' People can" an get lead in their bodies by breathing or swallowing lead .dust, or by eating sailor paint chips containing lead. 'ACT, People have many options for reducing lead hazard. In most cases, lead-bas d paint that is,in good condition is not a hazard. FACT, Removing lead-based Paint improperly can increasd the danger to your family. 4 If you think you:~ home might have lead hazards, read this pamphlet to learn some simple step s.to.protectyour family. 1 F { = s Lead Gets in t Body Many Mys i1the people can get lead in their body if they: United * !Put their hands or other objects States, :'covered with lead dust in their mout hs. abOt.;:'t sat paint chips or soil that"contains 900,000 1,ead. Children iage_s d breathe in lead dust es eciall Burin r. to renovations that disturbp y g ��'` a painted blood-lead . urfaces). I-IMI abolre the le Vel of Lead is even more dangerous to children thari'aduIts because: � Thce " - 41, %b.es and young children often put Even �1`�ililrerr t"heir hands and other objects in their t, c, =PP r mouths. These objects can have lead heal-M-, dust on them. ho. Ive £I��t �_ Children's growing bodies absorb more ous levels of lead. l i,7 their bodies. Children's brains and evous ark m systems sensitive to the damaging effects of lead. /fir - "�=-��-:-:-��•�<, tt tk r ' t `, I r / I I i i Lead's Effects If not detected early, children with high levels of lead in their bodies can suffer from: Damage to the brain and nervous system Lranor-�lrr.t��aru_ Behavior and learning ron problems (such ash hype.' activity) Slowed growth Hearing problems Headaches G.�,•,�, i Lead is also harmful to addlts. Adults can suffer from. Difficulties during PfegnarECy _ t- Other reproductive problems (in both men and women) High blood pressure Digestive problems 3 Nerve disordersc1F' < , Memory nd Y concentratio r1 �'.7J1.=illy roblemS rags Q Muscle and joint pain Le�id affects thR body in rnarry way.. z y Where- Lead-13a8ed Paint 1s Found I In Reneralr Mb.ny homes built before 1978 have lead- the older YOLI based paint. The federal government banned lead-based paint from housing in i` te' e 1 R. 8. Some states stopped its use even 11-10re likely it earlier. Lead can be found: as le8d- In homes in the cit r-� y, country, or suburbs, based ��t �. In apartments; single-family homes, and both private and public housing, inside and outside of the house. in soil around'a home. (Soil can pick up 11,ead from_exterior paint or other sources such as past.use of leaded gas in cars.) Gee your To reduce your child's exposure to lead, get Your child a checked, have your home tested (especially if your home has paint h'Ome tested in poor condition and was built before ii YOU think 7978), and fix anyhazards you may have. YOur home- Child'ren's blood lead levels tend to increase has high leaf- rapidly from 6 to 12 months of age, and els Of lead. tend to peak at 18 to'24 months of age. - Gonsult your doctor for advice on testing your ghildren. A simple blood test can ' detect high IevetS of lead. Blood tests are usually recommend- for: Children at ages 1 and 2. 4� Chf1d-en.or other family members who have been exposed to high levels of lead. ChNdren 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 i Where Lead is Likely -fo [3e a l�aar Lead-based paint that is in good condition is usually not a hazard. Peeling, chipping, chalking, or crackin Lead front lead-based paint is a g � chips, hazard Immediate attention.' and needs i±r ; YOU Lead-based Paint,may also be a hazard cal" see, and when found on surfaces that children can 9eQ dust, chew or that get.a lot of wear-and-tear. you These areas include: cCa.3` t cal1ivays Windows and window sills. see, sari both Doors.and door frames, be serious z Stairs, railings, and banisters. hazards. _ Porches and fences. Lead dust.can form when lead-based paint is dry scraped, dry sanded, al or heated. Dust so forms when painted surfaces bump or rub together, Lead chips and dust can get on surfaces and objects that people touch. Settled lead dust can re-enter the air when people vac- . uum sweep, or walk through it. � = 1 Le-ad in soil can be a hazard when children la i R y n bare soil or when `� ` people bring soil into the house on i f their shoes. Call your state a ' .enc (see page 11) to find out about t st- x Ing soil for lead. 1 5 . E check..Ing Your Hol-na Tor Lead Haza. ds You can get your home checked for lead haz- that knowing r ards in one of two ways, or both: has lead_ 4, A paint inspection tells you the lead based paint content of every different type of painted May r surface in your home. It won't tell you tell whether the paint is a hazard or how you YGu 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 1-800- '``= 42.4-LEAD for a list of contacts in your area. Trained professionals use a range of methods when checking your home; including: f� �P' Visual inspection of paint condition and 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. J What YoLl Can Do o �� � � You.r Pamir rotect if you suspect that your house has lead hazards, you can take some immediate steps to reduce \ Your family s risk: > If you rent, motif -Z y your landlord '•' peeling or ch of i -;-`, _-��• _. PPing paint. _ `- .�, Clean up poi nt chips immediately. . .:> ` Clean floors, Clean rs window frames wind w — Y and other surf weekly. °°.;: �:� aces Use °P Or sponge with warm water and as general al( -purpose cleaner or a cleaner '-'-`-=~ made specifically for lead. REMEMBER: NEVER MIX AMMONIA AND'-BLEACH PRODUCTS TOGETHER SINCE THEY `"' Y CAN FORM A DANGEROUS GAS. 4P- Thoroughly rinse sponges and g dirty or duty mo p ; heads after cleanin - areas, Wash children's hands often, especial- r ly before they eat and before t and bed nap time time. Kee 1� areas clean. Wash bottles, f P y P Pacifiers, toys and stuffed animals regularly. Keep children from chewing Window sills or other painted surfaces, .4 Clean or remove shoes before entering your home to avoid tracking in lead from soil. `�� Make sure children eat nutritious, low-fat meals high in iron and calcium, such as ��'�•` S -11 spinach and dal p ry products. Children with good diets absorb It, cGJ less lead. 7 L TO Significantly Reduce Lead Hazards ' in addition to day-to-day cleaning v and good nutrition: You can temporarily reduce lead hazards by taking actions such as repairing darn- the increase z d-i aged painted surfaces and planting grass � �4 d �o to cover soil with high lead levels. These Your lamely actions (called "interim controls") are not DY sp eadlri£g. permanent solutions and will need ongo- even More ing attention, lead cILIst To permanently remove lead hazards, around YOU must hire a certified lead"abate- ment" contractor, Abatement (or perma- nent hazard-:elim-ination) methods include removing, sealing, or enclosing �� yl y-s LISO a lead-based paint with special materials. pi U f essfr.•ra? L.yh o Just ,..t painting over the hazard with regular .r paint is not enough: . C�r`i7Gf1L ILGE,! ' hazLrd,, sanely: Always hire a p for erson with special training correcting lead problems—someone who knows how to do this work safety 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 A government. Call your state agency 9 y (see page 1 1) for whelp.with locating certified contractors in your area and to see if financial assistance is available: Remodefing or Renovating a Home Wliffi Lead.-Based Pa-int Take precautions before your contractor or You begin remodeling or renovations that disturb painted surfaces (such as scraping off paint or t '=- R Baring out walls Have the area tested for lead-based Paint. �O Do not use a '; :I belt- p sander, ropane torch, heat gun, d .w.g dry scraper, or dry. sandpaper to remove lead-based y a_ Paint. These actions create large ' amounts of lead dust and fumes. Lead dust can remain in your home long after the work is done. if not Temporarily move your farm( es e- c0ndLlcted — -- cially children and pregnant women] erly_ Out of the apartment or house until -e the work is done and the area is prop- �� noifa_,�s erly cleaned. If you can't move your L CAD famify, at least completely seal off the i' sa n work area. t fead Follow other safety measures to Paint reduce lead hazards. you can find out and dust into about other safety measures by calling _�� 1-800-424-LEAD. Ask for the brochure' "Reducing Lead Hazards When Remodeling Your Home." This brochure explains what to do before, during, and after renovations. If.yflu have already y completed renova- tions or remodeling that could have released 1ead-based - paint or dust, get Your young children tested and follow the steps outlined on page 7 of this brochure. Other Sources 01 Lead Q Drinking water. Your home might have Plumbing with lead or lead solder. Call your local health department or water supplier to find out about testing your water, You cannot see, smell, or taste lead, and boiling your water will not get rid of lead. If you think your plumbing might have lead in it: tIV77ife p Use only cold.water for drinking and ai,-�t, dust, � cooking. aj-7d soil are the g. most corn.rj,7on Run water for 15 to 30 seconds h3ad az�rds, before drinki g it, especially if you - other lead have not used your water for a few sources afro exist hours. '.Thejob. If you work with lead, you could bring it home on your hands or clothes. Shower and change clothes before coming home. Launder your work clothes separately from the rest of your family's clothes. Old painted toys and furniture. .' ''- `` 4- Food and liquids stored in lead al or lead-glazed pottery or porcelain. Lead smelters or other industries that release lead into the'air, Hobbies that use lead, such as making Pottery or stained glass, or refinishing furniture. J Folk remedies that contain lead,, such as r greta" and "azarcon" used to treat an upset stomach. S L For More Information The National Lead Information Center Call 7-800-424-LEAD to learn how to protect children from lead poisoning and for other information on lead hazards. (Internet: V'vvw-epa.gov/lead and Www.hud.govllea). For the hearing impaired, call the Federal Information Relay Service at 7-800-877- 8339 and ask for the National Lead Information Center at 1-800-424-LEAD.. EPA's Safe Drinking Water Hotline . _ 9. -- Cali�7 800-426-4791 for information about f lead in drinking water. ;,, Consumer Product Safety Commission Hotline To request information on lead in i F �- Consumer products, or to re port an unsafe consumer product or a prod- uct-related injury call 1-800-638- 1 2772. (Internet.: www@cpsc.gov), For the hearing-impaired call a;T: 800-68.8270 3 TDD 7- `-. -_- ,-- •,,_� -,--�° .: -- 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, 11 .n EPA RegiO al 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 1 100(CPT) 1445 Ross Avenue, 12th Floor One Congress Street Dallas, TX 75202-2733 Boston, MA 0211,4.2023 (214) 665.-7577 l (888) 372-7341 Region 2 (New Jersey, New York,, Region 7 (Iowa, Kansas, Missouri, :. - -.Puerto!Rico-. Virgin Islands) - ?Je6ra5ka) .-._ _ 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, NJ 08837-3679 Kansas City, KS 66101 .(732) 321-6671 (913) 551-702a 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-i 28 Chicago, IL 60604-3666 1200 Sixth Avenue (3 12) 886-6003 Seattle. WA 98101-1128 (206) 553-1985 11 c CP.SC 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) 466-1672 Central Regional Center 230 South Dearborn Street Room 2944 Chicago, IL 60604-1601 (312) 353-8260 BUD 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 •I 3 ... .. .....:....... trtsn ,eact kt i r `'r .S ` • •• • _ �a>,,s:.s` r � o,.y„fro \ 3_ u HK • � � ��, x - < t +- x^11 �` •�� • • :�4S�e;i.:...a. '-`•2. .-_•�_!-'cis`-�1�..._ � �'�i � • � ��� �.�.rte' air- .__ `t,...:¢;tt... i?4;�.�a>iY�i:i<�.sf}n-:..:c+av-sYaa:;• � �� -- h ��S .�.`^�� ...••��'l\'�,sC�4�!' � �� - 'lei _/�i_..�..��� FS R i'�`.✓":.,,s'2..f -�•rcSL » 'G:.1�if911A -vy� j_ -`�r - �_ r CITY OF FORT WORTH ATTACHMENT I HOUSING DEPARTMENT SUBGxAI, ITEI'S REQUEST FOR FUNDS .Agency Program Name: Contract Number; Report Period: Date of Request: CASH BALANCE ANALYSIS FOIL _ �-�'*"��''�'��+�-�`=• usn�l�t �f� ��� ,-`� . 1. Beo being Cash Balance 2. Amount Received: i 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 6. Estimated$xpendztures � 7_ Funds Needed(b-� $ � `8. Less Estimated Program Income $ � 9. Unpaid Request for Payment Previously Submitted $ 10.Amount of This Request(7-8 &9) $ —�. �,:reG3a����i16•' �� u..�i�K4a.°Vro��„'gJ�`a' n �� �U�'�`rh`�r' �w.��s���:- r"'��'3 �'�J �" s„ `pV,u �3 1:111,90 07-0�S"" t�~S I. MARS-Pure aSln � <s »����lse. x. "�' �+�� �'����v � e FO,� h g Regiuesf � 3.� :sG ,.� Ts A. MARS INPUT: Vendor/PO Numb er/12equisitiou Number B: Fund/AcebunVCenter — C. Total Amount of this Request (. Verification A: Model Blocks PIanner: B. Contract Manager: C. Accounting: Authorization A. Agency: B. Mgmt&Budget Administrator Housing Director IF OVER 58.500.00 'Namci ' CITY OF FORT WORTH ATTACEMENT II HOUSING DEPARTMENT MANAGEMENT AND BUD GET DIVISION DETAIL STATEMENT OF COSTS CONTRACT NO. DATE AGENCY - , PROGRAM REPO TO TO PROGRAM MONTHLY CUMULATIVE COST CATEGORY ACCO UNT. BUDGET EXPENDITURES TO DATE BALANCE PERSONAL SERVICES Salaries 516010 FICA 518010 Life"Insurance 518050 Health.Insurance. _ 518060 Unem to eat-Federal 518090 Unem to ent Tax-State 518090 Wdrker's Corn p 518040 Retirement 518070 ISUPPLIES Office Su "lies / 521010 Postage 521020 Teachin "Aids 522030 Food Supplies 522030 Other Optrating Operating Supplies 523300.CONTRACTUAL SERVICES Tele hone 535040 Electric 535020 Gas (U 535010 ) 535010 Water/Waste Disposal 535030 Rent(Buildin ) 537010 Custodial'Services 539220 Office Equipment Rental 537030 Printaig 533030 Repairs 53600 Fidelity Bond 538210 Liability Insurance 534020 Legal&Accounting 538060 Private Auto Allowance-Local 532130 Advertising 533010 Conferences&Seminars 531180 Contractual Services 539120 i Indirect Cost 517010 CAPITAL OUTLAY Furniture,Fixtures 541330 Office Equipment 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; N-kNIF and TITLE OF AUTHORIZED OFFICER SIGNATURE and DATE CITY OF FORT WORTH ATTACHMENT III HOUSING DEPARTMENT MANAGEMENT AND BUD GET DIVISION EXPEND-ITURES.WORKSHEET . CONTRACT NO. DATE AGENCY TO PROGRAM ' REPORT PERIOD CHECK N0. DATE I # PAYEE DESCRIPTION ACCOUNT NO. AMOUNT 1 2 3 4 5 � - 6 7''1 1 8 9 . .10 , A 11 12 13 141 1 i 1'S 161 1 17 18. 1'9 20 21 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'he agreement. 1-kmll and TIT1_E !-)F AUTHORIZED uFFICER SIsN ATLFE and DATE ATTACHMENT IV MONTHLY NARRATIVE REPORT MONTH REPORTING , FROM: TO: I . ACCOMPLISHMENTS II - ADDITIONAL COMMENTS REakRDING ACCOMPLISHMENTS THIS MONTH III : PROBLEMS ENCOUNTERED AND SOLUTIONS PROPOSED: IV. ANTICIPATED ACTIVITIES DURING NEXT •M)NTH: R Of EXHIBIT INDEPENDENT AUDIT REQUIREMENT BUSINESS /AGENCY NAME: PROGRAM: AMOUNT FUNDED: G� J Name of Independent Auditor who will perform agency audit: (Independent Auditor) Date audit is to be performed: (Month.and Year The following language is a condition of your contract with the City: All non-federal entities that expend $300,000 or more in federal funds within one year, regardless of the source of the Federal award, must submit to City an annual audit prepared in accordance with specific reference to OMB Circular A-133. The audit may cover either Contractor's fiscal year during which this contract is in force or cover the period of this contract. The audit must be prepared by an independent certified up blic accountant, be completed within (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 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. Signa. Date m EXHIBIT "F" Compliance with the City's Minority/Women Business Enterprise Ordinance The City has adopted a goal-oriented program for the inclusion of minority and women business enterprises (M/WBE) in City contracts through Ordinance No. 13471, as amended. The Contractor has committed to meeting a 25% M/WBE goal on this project. The total of the dollars budgeted in this contract for Housing Development/Economic Developmennandscaping will be used to determine the achievement of the percentage goal on the project. Compliance by the Contractor with the goal and/or procedures outlined in the Ordinance is mandatory; failure by the Contractor to comply with such procedures shall constitute a breach of this contract and shall be grounds for termination by the City.