2002-341berm W x.M nPamm~ Gac
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF FORT WORTH FOR THE
MITIGATION OF LEAD BASED PAINT HAZARDS; AND DECLARING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Council of the City of Denton hereby approves an Agreement
between the City of Denton and the City of Fort Worth, Texas for the mitigation of lead based
paint hazards, a copy of which is attached hereto and incorporated by reference herein. The
Mayor, or in her absence, the Mayor Pro Tem, is hereby authorized to execute this Agreement on
behalf of the City.
SECTION 2. That this ordinance shall become effective immediately upon its passage
and approval. / / ,
PASSED AND APPROVED this the /5k- day of hizo '2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: C/U~ CK~ /C
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
CITY SECR!%Afty AI S37
CONTRACT NO, S
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10-23-02POi: 2 e,cvD
STATE OF TEXAS §
COUNTY OF TARRANT §
INTERLOCAL AGREEMENT BETWEEN THE
CITY OF FORT WORTH AND CITY OF DENTON
This Agreement is made and entered into by and between the City of Fort Worth,
Texas, a municipal corporation located in Tarrant, Denton and Wise Counties, acting by
and through Reid Rector, its duly authorized Assistant City Manager, hereinafter
referred to as CITY, and the City of Denton, Texas a municipal corporation located in
Denton County, hereinafter referred to as CONTRACTOR.
WHEREAS, CITY has received certain funds from the U.S. Department of
Housing and Urban Development under its Lead-Based Paint Hazard Control Program
(LHCP); and
WHEREAS, CITY has adopted a budget for such funds and included therein an
authorized expenditure of funds for mitigation and removal of lead-based paint hazards
in various locations within CONTRACTOR'S corporate limits; and
WHEREAS, CITY has designated the Fort Worth Housing Department as the unit
responsible for the administration of this Agreement and all matters pertaining thereto;
and
WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project;
and
WHEREAS, CONTRACTOR is a duly organized political subdivision of the State
of Texas engaged in the administration of municipal government, including the provision
of stabilization and/or removal of lead-based paint hazards from structures which pose a
threat to the health of its citizens; and
WHEREAS, CITY is a municipality engaged in the provision of municipal services
within its jurisdiction, including the administration of federal funds received by it under
the Lead-Based Paint hazard Control Act of 1992, as amended; and
WHEREAS, this Agreement involves governmental functions that each party
individually can perform; and
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WHEREAS, the provision of these services is a governmental function that
serves the public health and welfare, and is of mutual concern to the contracting parties;
and
WHEREAS, CITY will make payments from current revenues and
CONTRACTOR agrees that these payments by CITY fairly compensate it for the
services performed; and
WHEREAS, CONTRACTOR and CITY mutually desire to be subject to the
provisions of V.T.C.A. Gov't Code ch. 791, the Interlocal Cooperation Act, and all other
applicable statutes and laws pursuant thereto;
NOW, THEREFORE, the parties hereto agree, and by the execution hereof are
bound to the mutual obligations and to the performance and accomplishment of the
conditions hereinafter described.
1.
TERM
This agreement shall commence on or as of April 1, 2002, and shall terminate on
March 31, 2005 unless adjusted by CITY. Request for such an adjustment must be in
writing and is to be submitted to CITY's Housing Department, 908 Monroe, Fort Worth,
Texas, 76102.
2.
RESPONSIBILITIES
CONTRACTOR hereby accepts responsibility for carrying out all activities
described in the Scope of Work attached hereto as Attachment "A", in a satisfactory and
efficient manner as determined by CITY, in accordance with the terms herein.
CONTRACTOR hereby accepts responsibility for assuring the complete
performance of all services and activities. The CONTRACTOR will perform in
accordance with the Project Budget attached hereto as Attachment B, and the Work
Plan Goals and Objectives and Performance Milestones attached hereto as Attachment
"C", in a satisfactory and efficient manner as determined by CITY, in accordance with
the terms herein. CITY understands that CONTRACTOR intends to obtain appropriate
agreements as necessary to ensure performance of the terms and conditions of this
Agreement.
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CITY will consider CONTRACTOR's Community Development Administrator to
be the CONTRACTOR'S representative responsible for the management of all
contractual matters pertaining hereto, unless written notification to the contrary is
received from CONTRACTOR, and, approved by CITY. CITY's Housing Director will be
the CITY'S representative responsible for the administration of this Agreement.
3.
CITY'S OBLIGATION
A. Limit of Liability. Notwithstanding any other provision of the Agreement, the
total of all payments and other obligations made by CITY hereunder shall not exceed
the sum of $300,000.
B. Measure of Liability. In consideration of full and satisfactory
services and activities hereunder by CONTRACTOR, CITY shall pay
CONTRACTOR for amounts invoiced, upon approval of work by CITY.
(1) The parties expressly understand and agree that CITY's obligations
under this Section are contingent upon the actual receipt of adequate Lead
Hazard Control Grant (LHCG) funds to meet CITY' liabilities under this
Agreement. If adequate funds are not available to make payments under this
Agreement, CITY shall notify CONTRACTOR in writing within a reasonable time
after such fact has been determined. CITY may, at its option, either reduce the
amount of its liability, as specified in Subsection A of this Section or terminate the
Agreement. If LHCG funds eligible for use for purposes of this Agreement are
reduced, CITY shall not be liable for further payments under this Agreement.
(2) It is expressly understood that this Agreement in no way obligates
the General Fund or any other monies or credits of CITY.
(3) CITY shall not be liable for any cost or portion thereof which:
(a) has been paid, reimbursed or is subject to payment or
reimbursement, from any other source;
(b) was incurred prior to the beginning date, or after the ending
date specified in Section 1;
(c) is not in strict accordance with the terms of this Agreement,
including all exhibits attached hereto;
(d) is not an allowable cost.
FW-Denton interlocal lead paint
(4) CITY shall not be liable for any cost or portion thereof which is
incurred with respect to any activity of CONTRACTOR where CITY has
requested that CONTRACTOR obtain prior written authorization from CITY and
CONTRACTOR has failed to obtain same, or after CITY has requested that
CONTRACTOR furnish data concerning such action prior to proceeding further,
unless and until CITY authorizes CONTRACTOR to proceed.
(5) CITY shall not be obligated or liable under this Agreement to any
party other than the equipment supplier who was the lowest reasonable bidder
and/or sole source provider and agreed upon by both CITY and the
CONTRACTOR for payment of any monies or provision of any goods or services.
C. To the extent allowed by law, CONTRACTOR agrees to hold and save
harmless CITY from any and all loss, cost, or damage of every kind, nature or
description arising under this Agreement or from any source whatsoever.
D. CITY shall comply with all regulations pertinent to its performance under
this agreement; specifically, with the HUD Office of Management and Budget Circular A-
87
4.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
A. CONTRACTOR understands that funds provided to it pursuant to this
Agreement are funds, which have been made available to CITY by the Federal
Government (U.S. Department of Housing and Urban Development) under the Lead-
Based Paint Hazard Control Act of 1992, as amended, in accordance with an approved
Grant Application and specific assurances. Accordingly, CONTRACTOR assures and
certifies that it will comply with the requirements of the statute as amended and with
regulations promulgated thereunder, The foregoing is in no way meant to constitute a
complete compilation of all duties imposed upon CONTRACTOR by law or
administrative ruling, or to narrow the standards which CONTRACTOR must follow.
B. CONTRACTOR shall be responsible for performing the environmental
review on each site and monitoring the project for compliance with federal wage and
labor requirements.
C. CONTRACTOR further agrees and certifies that if the regulations and
issuances promulgated pursuant to the Act are amended or revised, it shall comply with
them, or notify CITY, as provided in Section 21 of this Agreement.
D. CONTRACTOR agrees to abide by the conditions of and comply with all
applicable requirements of the Office of Management and Budget Circulars Nos. A-87
and A-128 and the Code of Federal Regulations.
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E. CONTRACTOR shall comply with all applicable federal, state and local
laws and regulations in its performance under this agreement.
5.
REPRESENTATIONS
A. CITY and CONTRACTOR assure and guarantee that they possess the
legal authority, pursuant to any proper, appropriate and official motion, resolution or
action passed or taken, to enter into this Agreement.
B. The person or persons signing and executing this Agreement on behalf of
the parties, do hereby warrant and guarantee that they have been fully authorized by
the parties to execute this Agreement on behalf of same and to validly and legally bind
the parties to all terms, performances and provisions herein set forth.
C. CONTRACTOR agrees that the funds and resources provided
CONTRACTOR under the terms of this Agreement will in no way be substituted for
funds and resources from other sources, nor in any way serve to reduce the resources,
services, or other benefits which would have been available to, or provided through,
CONTRACTOR had this Agreement not been executed.
D. CONTRACTOR warrants that it will provide for CITY access to any site for
inspection for purposes of this Agreement.
E. Any changes to the work authorized by CITY can only be done in writing
with the signature of CITY'S City Manager, or his/her designee, plus those of
CONTRACTOR and its representatives.
6.
WARRANTIES
CONTRACTOR represents and warrants that:
A. All information, reports and data heretofore or hereafter requested by
CITY and furnished to CITY, are complete and accurate as of the date shown on the
information, data, or report, and, since that date, have not undergone any significant
change without written notice to CITY. .
B. Any supporting financial statements heretofore requested by CITY and
furnished to CITY, are complete, accurate and fairly reflect the financial condition of
CONTRACTOR on the date shown on said report, and the results of the operation for
the period covered by the report, and that since said date, there has been no material
change, adverse or otherwise, in the financial condition of CONTRACTOR.
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C. None of the provisions herein contravenes or are in conflict with the
authority under which CONTRACTOR is doing business or with the provisions of any
existing indenture or agreement of CONTRACTOR. CONTRACTOR has the power to
enter into this Agreement and accept payments hereunder, and has taken all necessary
action to authorize such acceptance under the terms and conditions of this Agreement.
D. Each of these representations and warranties shall be continuing and shall
be deemed to have been repeated by the approval of each request for payment.
7.
COVENANTS
Should CONTRACTOR use funds received under this Agreement to acquire or
improve real property under CONTRACTOR's control, CONTRACTOR agrees and
covenants that it will fully comply with all requirements and regulations of any agency
with jurisdiction over either the property or the transaction:
8.
PROGRAMINCOME
A. For purposes of this Agreement, program income means earnings of
CONTRACTOR realized from activities resulting from this Agreement or from
CONTRACTOR's management of funding provided or received hereunder. Such
earnings include, but are not limited to, income from interest, usage or rental or lease
fees, income produced from contract-supported services of individuals or employees or
from the use or sale of equipment or facilities of CONTRACTOR provided as a result of
this Agreement, and payments from clients or third parties for services rendered by
CONTRACTOR under this Agreement.
B. CONTRACTOR shall maintain records of the receipt and disposition of
program income in the same manner as required for other contract funds,
and reported to CITY in the format prescribed by CITY. CITY and
CONTRACTOR agree, based upon advice received from representatives
of the U.S. Department of Housing and Urban Development (HUD), that
any fees collected for services performed by CONTRACTOR shall be
spent only for service provision.
C. CONTRACTOR shall include this Section in its entirety in all of its
sub-contracts that involve other income-producing services or activities.
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C. It is CONTRACTOR's responsibility to obtain from CITY a prior
determination as to whether or not income arising directly or indirectly
from this Agreement, or the performance thereof, constitutes program
income. CONTRACTOR is responsible to CITY for the repayment of any
and all amounts determined by CITY to be program income, unless
otherwise approved in writing by CITY.
9.
MAINTENANCE OF RECORDS
A. CONTRACTOR agrees to maintain records that will provide accurate,
current, separate, and complete disclosure of the status of the funds received under this
Agreement and with any other applicable Federal and State regulations establishing
standards for financial management. CONTRACTOR's record system shall contain
sufficient documentation to provide in detail full support and justification for each
expenditure. Nothing in this Section shall be construed to relieve CONTRACTOR of
fiscal accountability and liability under any other provision of this Agreement or any
applicable law. CONTRACTOR shall include the substance of this provision in all
subcontracts.
B. CONTRACTOR agrees to retain all books, records, documents, reports,
and written accounting policies and procedures pertaining to the operation of programs
and expenditures of funds under this Agreement for the period of time and under the
conditions specified by CITY.
C. Nothing in the above subsections shall be construed to relieve
CONTRACTOR of responsibility for retaining accurate and current records which clearly
reflect the level and benefit of services provided under this Agreement.
D. At any reasonable time and as often as CITY may deem necessary,
CONTRACTOR shall make available to CITY, or any of its authorized representatives,
all of its records and shall permit CITY, or any of its authorized representatives to audit,
examine, make excerpts and copies of such records, and to conduct audits of all
contracts, invoices, materials, payrolls, records of personnel, conditions or employment
and all other data relating to the program requested by said representatives.
10.
REPORTS AND INFORMATION
At such times and in such form as CITY may require, CONTRACTOR shall
furnish such statements, records, data and information as CITY may request and deem
pertinent to matters covered by this Agreement.
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CONTRACTOR shall submit quarterly beneficiary and financial reports to CITY
no less than once every three months. The beneficiary report shall detail client
information, including race, income, female head of household and other statistics
required by CITY. The financial report shall include information and data relative to all
programmatic and financial reporting as of the beginning date specified in Section 1 of
this Agreement.
Unless a written exemption has been granted by the CITY, CONTRACTOR shall
submit an audit conducted by independent examiners within ten days after receipt of
such.
11.
MONITORING AND EVALUATION
A. CITY may perform on-site monitoring of CONTRACTOR's performance
under this Agreement.
B. CONTRACTOR agrees that CITY may carry out monitoring and evaluation
activities to ensure adherence by CONTRACTOR to the Scope of Work attached
hereto as Attachment "A", as well as other provisions of this Agreement.
C. CONTRACTOR agrees to cooperate fully with CITY in the development,
implementation and maintenance of record-keeping systems and to provide data
determined by CITY to be necessary for CITY to effectively fulfill its monitoring and
evaluation responsibilities.
D. CONTRACTOR agrees to cooperate in such a way so as not to obstruct
or delay CITY in such monitoring and to designate one of its staff to coordinate the
monitoring process as requested by CITY staff.
E. After each official monitoring visit, CITY shall provide CONTRACTOR with
a written report of monitoring findings.
F. Upon request by CITY, CONTRACTOR shall submit copies of any fiscal,
management, or audit reports by any of CONTRACTOR's funding or regulatory bodies
to CITY within 15 working days of receipt by CONTRACTOR.
12.
INSURANCE
A. CONTRACTOR shall observe sound business practices with respect to
providing such bonding and insurance as would provide adequate coverage for services
offered under this Agreement.
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B. CONTRACTOR will comply with statutes and will obtain applicable
workers' compensation employers' liability coverage where available and other
appropriate liability coverage for program participants, if applicable.
C. CONTRACTOR will maintain adequate and continuous liability insurance
or self insurance on all vehicles owned, leased or operated by CONTRACTOR. All
employees of CONTRACTOR who are required to drive a vehicle in the normal scope
and course of their employment must possess a valid Texas driver's license and
automobile liability insurance. Evidence of the employee's current possession of a valid
license and insurance must be maintained on a current basis in CONTRACTOR's files.
D. Actual losses not covered by insurance as required by this Section are not
allowable costs under this Agreement, and remain the sole responsibility of
CONTRACTOR.
13.
EQUAL OPPORTUNITY
A. CONTRACTOR shall comply with all applicable equal employment
opportunity and affirmative action laws or regulations.
B. CONTRACTOR will furnish all information and reports requested by the
CITY, and will permit access to its books, records, and accounts for purposes of
investigation to ascertain compliance with local, state and Federal rules and regulations.
C. In the event of CONTRACTOR's non-compliance with the
non-discrimination requirements, CITY may cancel or terminate the Agreement in whole
or in part, and CONTRACTOR may be barred from further contracts with CITY.
14.
CONFLICT OF INTEREST
A. CONTRACTOR covenants that neither it nor any member of its governing
body presently has any interest, direct or indirect, which would conflict in any manner or
degree with the performance of services required to be performed under this
Agreement. CONTRACTOR further covenants that in the performance of this
Agreement, no person having such interest shall be knowingly employed or appointed
as a member of its staff.
B. CONTRACTOR further covenants that no member of its governing body
or its staff, subcontractors or employees shall possess any interest in or use his/her
position for a purpose that is or gives the appearance of being motivated by desire for
private gain for him/herself, or others, particularly those with which s/he has family,
business, or other ties.
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C. No officer, member, or employee of CITY and no member of its governing
body who exercises any function or responsibilities in the. review or approval of the
undertaking or carrying out of this Agreement shall (1) participate in any decision
relating to the Agreement which affects his personal interest or the interest in any
corporation, partnership, or association in which he has direct or indirect interest; or (2)
have any interest, direct or indirect, in this Agreement or the proceeds thereof.
15.
NEPOTISM
CONTRACTOR shall comply with all applicable laws concerning nepotism.
16.
POLITICAL OR SECTARIAN ACTIVITY
A. None of the performance rendered hereunder shall involve, and no portion
of the funds received by CONTRACTOR hereunder shall be used, either directly or
indirectly, for any political activity (including, but not limited to, an activity to further the
election or defeat of any candidate for public office) or any activity undertaken to
influence the passage, defeat or final content of legislation.
B. None of the performance rendered hereunder shall involve, and no portion
of the funds received by CONTRACTOR hereunder shall be used for or
applied directly or indirectly to the construction, operation, maintenance or
administration, or be utilized so as to benefit in any manner any sectarian
or religious facility or activity.
17.
FUNDING APPLICATIONS
CONTRACTOR agrees to notify CITY each time CONTRACTOR is preparing or
submitting any application for funding in accordance with the following procedures:
A. Upon award of or notice of award, whichever is sooner, CONTRACTOR
shall notify CITY of such award and the effect, if any, of such funding on the funds and
program(s) contracted hereunder. Such notice shall be submitted to CITY, in writing,
within ten working days of receipt of the notice of award or funding award by
CONTRACTOR, together with copies of the budget, program description, and
Agreement.
B. CONTRACTOR shall not use funds provided hereunder, whether directly
or indirectly, as a contribution, or to prepare applications to obtain any federal or private
funds under any federal or private program without the prior written consent of CITY.
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18.
CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of this Agreement shall
be by written amendment executed by both parties, except when the terms of this
Agreement expressly provide that another method shall be used.
B. CONTRACTOR shall request, in writing, budget revisions in a form
prescribed by CITY, and such request for revision shall not increase the total monetary
obligation of CITY under this Agreement. In addition, budget revisions cannot
significantly change the nature, intent, or scope of the program funded under this
Agreement.
C. CONTRACTOR will submit revised budget and program information,
whenever the level of funding for CONTRACTOR or the program(s) described herein is
altered according to the total levels contained in any portion of this agreement.
D. It is understood and agreed by the parties hereto that changes in the
State, Federal or local laws or regulations pursuant hereto may occur during the term of
this Agreement. Any such modifications are to be automatically incorporated into this
Agreement without written amendment hereto, and shall become a part of the
Agreement on the effective date specified by the law or regulation.
E. CONTRACTOR shall notify CITY of any changes in personnel of the
dental clinic and of the Denton County Health Department.
19.
SUSPENSION OF FUNDING
Upon determination by CITY of CONTRACTOR's failure to timely and properly
perform each of the requirements, time conditions and duties provided herein, CITY,
without limiting any rights it may otherwise have, may, at its discretion, and upon ten
working days notice to CONTRACTOR, withhold further payments to CONTRACTOR.
Such notice shall be in writing and may be given by certified mail, return receipt
requested or any other means reasonably calculated to provide actual notice to the
appropriate officials of CONTRACTOR. The notice shall set forth the default or failure
alleged, and the action required for cure. The period of such suspension shall be of
such duration as its appropriate to accomplish corrective action, but in no event shall it
exceed 30 calendar days. At the end of the suspension period, if CITY determines the
default or deficiency has been satisfied, CONTRACTOR may be restored to full
compliance status and paid all eligible funds withheld or impounded during the
suspension period. If however, CITY determines that CONTRACTOR has not come
into compliance, the provisions of Section 20 may be effectuated.
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20.
TERMINATION
A. CITY may terminate this agreement for cause under any of the following
reasons:
(1) CONTRACTOR's failure to attain compliance during any prescribed
period of suspension as provided in Section 19.
(2) CONTRACTOR's violation of covenants, agreements or guarantees
of this Agreement.
(3) Termination or reduction of funding by the United States
Department of Housing and Urban Development.
(4) Finding by CITY that CONTRACTOR
(a) is in such unsatisfactory financial condition as to endanger
performance under this Agreement;
(b) has allocated inventory to this program which substantially
exceeds the reasonable requirements of the program.
(c) is delinquent in payment of performance of this Agreement in
the ordinary course of business.
(5) Appointment of a trustee, receiver or liquidator for all or substantial
part of CONTRACTOR's property, or institution of bankruptcy, reorganization,
rearrangement of or liquidation proceedings by or against CONTRACTOR.
(6) CONTRACTOR's inability to conform to changes required by
Federal, State and local laws or regulations as provided in this Agreement.
(7) CONTRACTOR's violation of any law or regulation to which
CONTRACTOR is bound or shall be bound under the terms of the Agreement.
CITY shall promptly notify CONTRACTOR in writing of the decision to terminate
and the effective date of termination. Simultaneous notice of pending termination maybe
made to other funding source specified.
B. CITY may terminate this Agreement for convenience at any time, by giving
written notice to CONTRACTOR. If this Agreement is terminated by CITY for
convenience, CONTRACTOR will be. paid an amount not to exceed the total of accrued
expenditures as of the effective date of termination. In no event will this compensation
exceed an amount which bears the same ratio to the total compensation as the services
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actually performed bears to the total services of CONTRACTOR covered by. the
Agreement, less payments previously made.
C. CONTRACTOR may terminate this Agreement in whole or in part by
written notice to CITY, if a termination of outside funding occurs upon which
CONTRACTOR depends for performance hereunder. CONTRACTOR may opt, within
the limitations of this Agreement, to seek an alternative funding source, with the
approval of CITY, provided the termination by the outside funding source was not
occasioned by a breach of contract as defined herein or as defined in a contract
between CONTRACTOR and the funding source in question.
D. Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw
or otherwise terminate any outstanding orders which relate to the performance of this
Agreement. CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors for
any expenses, encumbrances or obligations whatsoever incurred after the termination
date listed on the notice to terminate referred to in this paragraph.
E. Notwithstanding any exercise by CITY of its right of suspension or
termination, CONTRACTOR shall not be relieved of liability to CITY for damages
sustained by CITY by virtue of any breach of the Agreement by CONTRACTOR, and
CITY may withhold any reimbursement to CONTRACTOR until such time as the exact
amount of damages due to CITY from CONTRACTOR is agreed upon or otherwise
determined.
21.
NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit or other action is made or brought by
any person(s), firm corporation or other entity against CONTRACTOR regarding or
related to the subject matter of this Agreement, CONTRACTOR shall give written notice
thereof to CITY within five working days after being notified of such claim, demand, suit
or other action. Such notice shall state the date and hour of notification of any such.
claim, demand, suit or other action; the names and addresses of the person(s), firm,
corporation or other entity making such claim, or that instituted or threatened to institute
any type of action or proceeding; the basis of such claim, action or proceeding; and the
name of any person(s) against whom such claim is being made or threatened. Such
written notice shall be delivered either personally or by mail.
22.
INDEMNIFICATION
A. It is expressly understood and agreed by both parties hereto that
CITY is contracting with CONTRACTOR as an independent contractor and that as
such, to the extent allowed by law CONTRACTOR shall save and hold CITY, its
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officers, agents and employees harmless from all liability of any nature or kind,
including costs and expenses for, or on account of, any claims, audit exceptions,
demands, suits or damages of any character whatsoever resulting in whole or in
part from the performance or omission of any employee, agent or representative
of CONTRACTOR.
B. To the extent allowed by law, CONTRACTOR agrees to provide the
defense for, and to indemnify and hold harmless CITY its agents, employees, or
contractors from any and all claims, suits, causes of action, demands, damages,
losses, attorney fees, expenses, and liability arising out of the use of these
contracted funds and program administration and implementation except to the
extent caused by the willful act or omission of CITY, its agents, employees, or
contractors.
23.
MISCELLANEOUS
A. CONTRACTOR shall not transfer, pledge or otherwise assign this
Agreement or any interest therein, or any claim arising thereunder, to any party or
parties, bank, trust company or other financial institution without the prior written
approval of CITY.
B. If any provision of this Agreement is held to be invalid, illegal, or
unenforceable, the remaining provisions shall remain in full force and effect and
continue to conform to the original intent of both parties hereto.
C. In no event shall any payment to CONTRACTOR hereunder, or any other
act or failure of CITY to insist in any one or more instances upon the terms and
conditions of this Agreement constitute or be construed in any way to be a waiver by
CITY of any breach of covenant or default which may then or subsequently be
committed by CONTRACTOR. Neither shall such payment, act, or omission in any
manner impair or prejudice any right, power, privilege, or remedy available to CITY to
enforce its rights hereunder, which rights, powers, privileges, or remedies are always
specifically preserved. No representative or agent of CITY may waive the effect of this
provision.
D. This Agreement, together with referenced exhibits and attachments,
constitutes the entire agreement between the parties hereto, and any prior agreement,
assertion, statement, understanding or other commitment antecedent to this Agreement,
whether written or oral, shall have no force or effect whatsoever; nor shall an
agreement, assertion, statement, understanding, or other commitment occurring during
the term of this Agreement, or subsequent thereto, have any legal force or effect
whatsoever, unless properly executed in writing, and if appropriate, recorded as an
amendment of this Agreement.
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E. In the event any disagreement or dispute should arise between the parties
hereto pertaining to the interpretation or meaning of any part of this Agreement or its
governing rules, codes, laws, ordinances or regulations, CITY as the party ultimately
responsible to HUD for matters of compliance, will have the final authority to render or
to secure an interpretation.
F. For purposes of this Agreement, all official communications and notices
among the parties shall be deemed made if sent postage paid to the parties and
address set forth below:
TO CITY:
City Manager
City of Fort Worth
1000 Throckmorton St.
Ft. Worth, TX 76102
TO CONTRACTOR:
City Manager
City of Denton
215 E. McKinney St
Denton, Texas 76201
G. This Agreement shall be interpreted in accordance with the laws of the
State of Texas and venue of any litigation concerning this Agreement shall be in a court
competent jurisdiction sitting in Tarrant County, Texas.
IN WIT ESS OF WHICH this Agreement has been executed on this the
day of 2002.
CITY OF FORT WORTH
BY dad- / L Ld~r
REID RECTOR
ASSISTANT CITY MANAGER
CITY OF DENTON
BY:IG
EULINE BROCK
MAYOR
Approved for Form and Legality:
DAVID L.YETT,CITY ATTORNEY
r
BY: ~s
443
ATTEST:
CITY SECRETARY
`n to
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
ATTEST
CITY SECRETARY
BY: (~ff~(/•
]5
Attachment A
Scope of Work
In an INTERLOCAL AGREEMENT BETWEEN THE
CITY OF FORT WORTH AND CITY OF DENTON
As a partner agency to the City of Fort Worth, the objectives and goals for the City of Denton
are to ensure that housing, receiving CDBG and HOME grant funds is lead safe at project
completion. Denton will inform the public of the dangers and hazards of lead to children and
contractors and maintenance workers. The public will have opportunities to learn how to safely
work with lead-based paint in housing.
The City of Denton ALERT program supervisor will be Denton's housing program manager. A
residential construction specialist will conduct lead risk assessments, lead inspections, clearance
testing and project oversight. Incumbents in both positions are State-certified Lead Risk
Assessors. A program specialist will complete all applicant intake processing and household
relocation planning, data reporting and will create and maintain a lead safe housing stock data
base.
The following activities will be accomplished. The target units are low/moderate income,
owner/occupied-housing units built before 1978 when deteriorated lead-based paint has been
identified. Projects will be identified from those households who have successfully applied for
home improvement or minor repair assistance.
Lead hazard interim controls - Maior Projects (a minimum of 8 units A $10,000
each) and Minor Projects (a minimum of 22 units (a, $4,500 each) - Selected homes
will be made lead safe by completing interim control activities on all deteriorated lead-
based paint. Stabilization of lead-based paint will be completed by an approved State-
certified Lead Abatement firm in compliance with all Federal, State and local
regulations.
Low-level intervention - In units where a Risk Assessment indicates no
deteriorated paint or, deteriorated paint is below the "de minimis" level, yet dust wipes
analyses shows a presence of leaded dust, a low level intervention will be performed in
a minimum of 59 units at an estimate of $165 each. Project will consist of a thorough
cleaning. Eligible cleaning firms will perform work. They will reach the required
clearance levels as defined by TITLE X and the State of Texas Department of Health,
Environmental Lead Branch for dust wipes. It will be arranged for the family to be
absent from their home for a minimum of eight consecutive hours
Relocation Assistance - For households requiring relocation for lead-related
construction activities, on units where minimal lead hazard reduction activities are
required such as paint stabilization, the household will be temporarily relocated until
clearance is achieved by relocating household to a hotel. Household furnishings will be
moved into a storage facility, if needed. After clearance of the unit is achieved, the
household may return and inhabit the unit during the completion of the rehabilitation.
Once the house has achieved clearance the family and their belongings will be returned
home. A total of 30 Interim Controls are to be performed on owner-occupied houses.
■ Complete Lead-based paint inspections and Risk Assessments as needed - Purchase a
Niton XL-309 Dual Detector Spectrum Analyzer
■ Provide contractors with HEPA vacuum and filter supplies to use at funded project
sites at no cost to contractor
In addition, the City of Denton will provide funding to complete public awareness activities.
Information will be designed to prevent lead exposure and poisoning in children by completing
the following activities:
A total of 149 free blood lead level tests will be provided to children under six years of
age that do not have Medicare, CHIPS or private medical insurance. Tests provided will
be the finger-prick method. These tests will be scheduled as needed through the
Denton County Health Department. Should there be a finding of greater than 10
µg/dL, a follow-up venous blood test will be taken as required as required by State
regulations.
■ Reimburse contractor training fees (up to a maximum of $800 each) to five (5)
approved contractors who successfully complete training and testing and become State
certified Lead abatement firms.
■ Develop and distribute educational information to teach public of the dangers of lead
to children and how to prevent lead poisoning in children.
■ Offer video training tapes on safe work practices geared toward housing maintenance
workers and building rehab contractors. Outreach methods will specifically target low-
income rental housing maintenance personnel, "handyman" workers and
rehabilitation/renovation/remodeling contractors.
■ Grant assistance to help offset increase in liability insurance cost for up to three (3)
approved contractors (up to a maximum of $2,000 each) who become State certified
Lead abatement firms. These contractors must include hazard material coverage riders.
The Denton Alert Program will coordinate these activities to complete Denton's responsibilities
in accordance with the contract work plan between HUD and the City of Fort Worth. The City
of Denton assures that this program will meet all Federal, State and local regulations and
guidelines as required by the Department of Housing and Urban Development, Office of
Healthy Homes and Lead Hazard Control. The City of Denton will provide the Fort Worth
ALERT Program office with reports and project data in a timely manner as required.
Budget &anmary ATTACHMENTB
Total Budget (Federal Share and Matching) INTERLOCAL AGREEMENT BETWEEN THE
CITY OF FORT WORTH AND CITY OF
Detailed Description of Budget
Category
Total
MATCH BREAKDOWN
1. Personnel Direct Labor
Estimated
Hours
Rate per Hour
esnmalad cost Federal She
Match
CDBG
CtyofDenton
General Fund
Danton
CHDO
Position or Individual
Agency Directors Barbara Ross
156
$36.43
$5 683
$0
$5 683
6683
" LHC Program Su v. (Nancy Baker
281
$23.60
$6 632
$0
$6 632
6632
Ins ector/Risk Assessor Gordon Meredith COD
194
$22.54
$4,373
$0
$4,373
4373
Inspector/Risk Assessor (Kathy Askey) CHDO
34
$15.55
$529
$0
$529
529
Conn. Dev. Coord. Luisa Rodri uez-Garcia
46
$23.87
$1 098
$0
$1,09 8
1098
Program Scialist Alma Es ino
90
$18.32
$1,649
$0
$1,649
1649
0
$0.00
$0
$0
$0
0
$0.00
$0
$0
$0
0
$0.00
$0
$0
$0
0
$0.00
$0
$0
$0
0
$0.00
$0
$0
$0
0
$0.00
$0
$0
$0
position is also an inspector/risk assessor
0
$0.00
$0
$0
$0
Total Hours
801
$0.00
$0
$0
$0
Total Direct Labor Cost
$19,964
$0
$19,964
$19,435
$0
$529
2. Fringe Benefits
Rate
Base
EsEmated Cost
Federal Sher
Match
CDBG
CtyofDenton
General Fund
CHDO
FICA
7.71%
$19,964
$1,539
$0
$1,539
$1,498
$41
Retirement
11.44%
$19,964
$2,284
$0
$2,284
$2,223
$61
Health Ins.
18.46%
$19,964
$3,685
$0
$3,685
$3,588
$98
Worker's Compensation
0.94%
$19,964
$188
$0
$188
$183
$5
Life Insurance
0.17%
$19,964
$34
$0
$34
$33
$1
$19,964
$0
$0
$0
$19,964
$0
$0
$0
$19,964
$0
$0
$0
Total Fringe Benefits Cost
$7,730
$0
$7,730
$7,525
$0
$205
3. Travel
3a. Transportation - Local Private Vehicle
Mileage
Rate per Mile
Eeanated Cost
Federal Sham
Match
CDBG
CtyoDenron
General Fund
CHDO
Project Supervisor Denton
1454
$0.315
$458
$0
$458
458
Ins ector/Risk Assessors (1)
750
$0.315
$236
$0
$236
0
236
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$01
1
Subtotal - Trans - Local Private Vehicle
$694
$0
$694
$458
$0
$236
3b. Transportation -Alvare
Trips
Fare
Esamated cost
Federal Sher
Match
CDBG
Ch,dDenton
General Fund
CHDO
Certification Test - Austin
0
$0
$0
$0
Training -CA
0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Subtotal - Transrtation-Airfare
$0
$0
$0
$0
$0
$0
Prepared 1013/02 Page 1 of 4
Budget SLmmery
Total Budget (Federal Share and Matching)
Detailed Description
of Budget
'
3c. Transportation - Other
Quantity
Unit Cost
Eetimated Cost
Federal Sham
Match
CDBG
CtyofDenton
General Fund
CHDO
COD Vehicle Usage $175/mo
36
$175.00
$6,300
$0
$6,300
$6,300
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Subtotal - Transportation -Other
$6,300
$0
$6,300
$6,300
$0
$0
3d. Per Diem or Subsistence
Days
Rate per Da
Egruded con
Federal Sham
Match
CDBG
CtyofDenton
General Fund
CHDO
Training - CA
0
$0
$0
$0
Certification Test - Austin
0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Subtotal -Per Diem or Subsistence
Total Travel Cost
$0
$0
$6,994
$0
$0
$0
$0
$0
$6,994
$0
$6,758
$0
$0
$0
$238
4. Equipment (only Items over $6000
Quantity
Unit Cost
Estimated COST
Federal Sham
Match
CDBG
Ctyofoenton
General Fund
CHDO
Niton XRF Analyzer
1
$24,355.00
$24,355
$24,355
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Total Equipment Cost
$24,355
$24,355
$0
$0
$0
$0
5a. Supplies s Materials Consumable hems
Quantity
I Unit Cost
Estimated cost
Federal Sham
Match
CDBG
CtyofDenton
General Fund
CHDO
HEPA Vacuum bags - 5 Pk
30
$11.50
$345
$0
$345
$345
HEPA Poly Liners
6
$17.50
$105
$0
$105
$105
HEPA Filter
3
$135.00
$405
$0
$405
$405
Dust Test Supplies
270
$1.00
$270
$0
$270
$270
Educational Materials
1
$2,000.00
$2,000
$2,000
$0
$0
Denton Co. Hlth Dept BLL Test
149
$10.00
$1,490
$1,490
$0
$0
0
$0.00
$0
$0
$0
$0
0
$0.00
$0
$0
$0
0
$0.00
$0
$0
$0
$0
Subtotal Consumable Supplies
$4,615
$3,490
$1,125
$1,125
$0
$0
5b. Non-Consumable Materials
Quantity
Unit Cost
Estimated Coal
Federal Sham
Match
CDBG
CtyofOenton
General Fund
CHDO
XRF Sources
1
$2,500.00
$2,500
$0
$2,500
$2,500
Educational Materials TVA/CR/cart
1
$750.00
$750
$0
$750
$750
Office furniture
1
$640.00
$640
$0
$640
$640
Video Training Tapes
4
$30.00
$0
$120
$120
$0
$0
$0
1
$0
$0
$0
$0
$0
$0
Subtotal Non-Consumable Supplies
010
$0
$4 010
$4,010
Total Supplies GOSt
$3,490
$5,135
$5,135
$0
$0
Prepared 10/3/02 Page 2 of 4
,Budget Summary
Total Budget (Federal Share and Matching)
Detailed Description of Budget
V
6. Consultants (Type)
Days
Rate er Da
ot
Federalshar
Match
CDBG
CtyofDemmn
General Fund
CHDO
City Attorney for contract review
3
$1,200.00
$0
$3,600
$3,600
Public Educator
1
$5,200.00
$5,200
$0
0
$0
$0
0
$0
$0
0
$0
$0
Total Consultants Cost
0
]
$5,200
53,800
$0
$3,600
$0
7. Contracts and Sub-Grantees List Individual)
st
Fem lSha
Match
CDBG
CtyofDenMn
General Fund
CHDO Pri-
vats Funds
Denton LHC Interim Control/Major Rehab Pro' 6 $10,000.00
$60ODO
$60,000
$0
$0
Denton Rehab Match Activ 2 $25,000.00
$0
$50,000
$50 000
Denton LHC Interim Control/Minor Re air Pra . 20 $4,500.00
$90,000
$0
$0
Denton Minor Re air atch Activ 10 $1 000.00
$0
$10,000
1 $10,000
Denton CHDO LHC Interim COntrOl ala Reheb Prof. 2 $10000.00
$20000
$0
$0
Denton CHDO Rehab tch Activity) 2 $5,000.00
$0
$10,000
$0
$10000
nemon CHDO LHC nmrlm COMominor Repair Pmjs. 2 $5,000.00
)
$10,000
$0
$0
Denton CHDO Minor Repair (Match Activity) 2 $1,000.00
1
$0
$2,000
$0
$2,000
$0
$0
$0
Hazard MU Ins. Assistance for Contractors 3 $2,000.00
0
0
$6,000
$0
$0
Lead Contractor Trn Assistance 5 $800.00
$4,000
$0
$0
Safe Worker Trn Assistance 18 $35.00
$6
3
0
$630
$0
$0
Lead SU vTrn Assistnace 7 $370.00
$2,590
$2,590
$0
$0
Train the Trainer for Worker Can. Trn 20 1 $4,000.00
$4,000
$4,000
$0
$0
Low Level Intervention 59 $165.00
$9,735
$9,735
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Total Subcontracts Cost
$0
$278,955
$0
$206,955
$0
$72,000
$0
$60,000
$0
$12,000
S. Other Direct Costs
Quantity
Unit Cost
Estimated Cost
Federal Share
Match
CDBG
Cty cf Denton
Den. Fund
CHDO
Item
Ld-based paint lab tests NLLP Lab
360
$8.00
$0
$2,880
$2,880
Ralocafion-Rehab (28 $ZOQO per unit)
26
$2,307.69
$60,000
$0
Web She Development
2
$1,480.00
$0
$2960
$2960
1
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
Total Other Direct Costs
NON
E=
$65,840
$60,000
$5,840
$2,880
$2,980
$0
9. Indirect
Rate
Base
Estimated Cost
Federal Sher
Match
CDBG
CtyofDenron
General Fund
CHDO
Type
Facilities Charge
9.00%
$27 694.06
$2,492
$0
$2,492
$2,492
Accountin S Payroll Services
1.00%
$27,694.06
$277
$0
$277
$277
CI administrative charges
6.00%
$27,694.06
$1,662
$0
$1,662
$1,662
$0
$0
$0
$0
Total Indirect Costs
Total Estimated Costs
$0
$4,431
$425,694
$0
$0
$300,000
$0
$4,431
$125,694
$0
$4,431
$106,164
$0
$6,560
$0
$12,970
Total of Federal Share and Match $425,694
Prepared 10/3102 Page 3 of 4
Estimated Percent of
Analysis of Total Estimated Costs Cost Total
1 'Personnel (Direct Labor)
$19,964
4.7%
2 Fringe Benefits
$7,730
1.8%
4 Travel
$6,994
1.6%
5 Equipment
$8,625
2.0%
3 Supplies and Materials
$24,355
5.7%
6 Consultants
$8,800
2.1%
7 Contracts and Sub-Grantees
$278,955
65.5%
8 Other Direct Costs
$65,840
15.5%
9 Indirect Costs
$4,431
1.0%
Total
$425,694
100.0%
Federal Share
Match
Percent of
Labor
38.7%
$300,000 70.47%
$125,694 41.90% Expressed as a percentage of the Federal Share
Prepared 10/3/02 Page 4 of 4
ATTACHMENT C
- to the
INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WORTH AND CITY OF DENTON
Lead Hazard Control Grant
Work Plan Goals, Objectives and Performance Milestones
Goals / Objectives
A. No. of Major Rehab Interim Control Projects to be completed and cleared
8
B. No. of Minor Rehab Interim Control Projects to be completed and cleared
22
C. No. of Low Level Intervention Projects to be completed and cleared
59
Quarterly Performance Objectives
Units to Be Completed: 89
Goal/Objective:
Year 1
Quarter
Quarter) Milestone
Completed/Cleared
Cumulative Completed
Cleared
Jan - Mar
N/A
Apr - Jun
N/A
Jul - Se
N/A
Oct - Dec
3
Year2
Quarter
Quarter) Milestone
Completed/Cleared
Cumulative Completed
Cleared
Jan - Mar
7
Apr - Jun
8
Jul - Se
9
Oct - Dec
10
Year 3
Quarter
Quarterly Milestone
Completed/Cleared
Cumulative Completed
Cleared
Jan - Mar
11
Apr - Jun
12
Jul - Se
13
Oct - Dec
16
89