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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 =allam FW-Denton interlocal lead paint 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 ]RECE~77 n NOV J 2002 er+y d~ boh w.: Co „„„tt,..; >ry .1;?eetll 1° ~!.l!~ FW-Denton interlocal lead paint 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. 2 FW-Denton interlocal lead paint 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. 4 FW-Denton interlocal lead paint 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. 5 FW-Denton interlocal lead paint 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. 6 FW-Denton interlocal lead paint 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. 7 FW-Denton interlocal lead paint 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. 8 FW-Denton interlocal lead paint 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. 9 FW-Denton interlocal lead paint 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. 10 FW-Denton interlocal lead paint 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. FW-Denton interlocal lead paint 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 12 FW-Denton interlocal lead paint 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 13 FW-Denton interlocal lead paint 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. 14 FW-Denton interlocal lead paint 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