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HomeMy WebLinkAboutCHRITMAS IN APRIL 1-2001 "t',~)~': " 1:'7,~r;-:.:t INSURANCE ON RlE " ''l-,. WORK MAY PROCEEO " ' 1 UNTlllNSURJlJU ExPIRES " 3-1.'5 -O;l 1 CLERK OF COUNCIl DATE: 1-7-0~ ...... 'wi A_2001-084-56 8/14/01 LS C~ Cf)Pt f,rJ I AGREEMENT BETWEEN THE CITY OF SANTA ANA AND REBUILDING TOGETHER ORANGE COUNTY FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (With Provisions Relating to Compliance with Title X and 24 CPR Part 35 Relating to Lead Based Paint) This Agreement, made and entered into this Y i!I day of ~ ~ Rl t , 200 I, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("CITY") and REBUILDING TOGETHER ORANGE COUNTY, a California nonprofit corporation ("SUBRECIPIENT"), W!IN~SS~IH Recitals: A. The CITY, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG") Program, desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CPR 570.000, et seq. ("CDBG REGS"); and B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the Housing and Community Development Act of 1974, Public Law 93-383, as amended ("ACT"); and C. The SUBRECIPIENT is a private nonprofit agency that has been selected by the CITY to receive CDBG funds and administer such financial assistance; and to provide the services described in "Exhibit A," hereinafter referred to as "said program" and SUBRECIPIENT represents that it is qualified and willing to operate said program. D. Title X of the 1992 Housing and Community Development Act (Title X) established requirements relating to lead based paint ("LBP") in housing receiving federal assistance, in particular requirements relating to (i) notification (including pamphlet distribution, disclosure to purchasers and lessees, notice of lead hazard presumption or results of evaluation, and/or lead hazard reduction), (ii) lead hazard evaluation (including visual assessment, paint testing, and/or risk assessment), (iii) lead hazard reduction (including paint stabilization, interim controls, standard treatments, or abatement depending on the requirements for housing activity type), (iv) ongoing maintenance, if required, and (v) response to children with environmental intervention blood lead levels, as required; and E. On September 15, 1999 HUD adopted implementing regulations to Title X that became effective September 15,2000 as set forth in 24 CPR Part 35, et seq. ("LBP Regs."), which establish specific rules regarding notification to owners and occupants about the existence of LBP hazards, identification ofLBP hazards, and control ofLBP hazards; and 1 / / '-' -..J 8/14/01 LS F. Residential structures built after January I, 1978 are exempt from lead-based paint requirements as the use of lead-based paint was banned for use in residences after this date by Congress (24 CFR Part 35.115). Therefore, the Title X requirements set forth herein shall not be applicable if the structures involved were built after January 1,1978. G. Subpart K - Acquisition, Leasing, Support Services, and Operation of the LBP Regs, sets forth specific requirements relating to housing providers, such as SUBRECIPIENT, who administer local programs that provide supportive housing for special needs populations and are funded by HUD Office of Community Planning and Development ("CPD") programs, including CDBG funds, as provided to SUBRECIPIENT under this Agreement; and H. In connection with the grant of funds under this Agreement, CITY requires that SUBRECIPIENT comply and evidence of compliance with all applicable requirements of Title X and the LBP Regs, in particular Subpart K relating to acquisition, leasing, support services, or operations, and Subpart J relating to rehabilitation, as and when applicable; and 1. In connection with the grant of funds under this Agreement, CITY requires that SUBRECIPIENT comply and show evidence of compliance with all applicable requirements of Title X and the LBP Regs, in particular Subpart M relating to tenant based rental assistance, as and when applicable; and J. Attached and hereby fully incorporated to this Agreement are the following notification attachments: Attachment No. I entitled "Protect Your Family From Lead In Your Home", EPA747-K-99-001, Attachment No.2 entitled "Sample Disclosure Format for Target Housing Sales, Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards", and Attachment No.3 entitled Sample Summary Risk Assessment Notice Format"; provided however, that such attachments are not intended to modify or limit SUBRECIPIENT'S obligation to fully comply with all applicable provisions of Title X and the implementing regulations in the LBP Regs; and K. By this Agreement SUBRECiPIENT will accept assignment from the CITY of all responsibilities set forth in Subpart K of the LBP Regs; and 1. The CITY and SUBRECIPIENT have duly executed this Agreement for the expenditure of such funds; and WHEREFORE, it is agreed by and between the parties, that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT: 2 ...... ~ 8/14/01 LS I. SUBRECIPIENT'S OBLIGATIONS A. Non-Profit Status - Representations and Warranties. (I) SUBRECIPIENT acknowledges that its operations and the services it provides to the community are subject to Subpart K (and, in some instance(s) Subpart J and/or Subpart M) of the LBP Regs. (2) SUBRECIPIENT acknowledges that its operations and the services it provides includes: (a) acquisition, leasing, or ownership of residential property for the purpose of providing affordable housing for persons with special needs, such as transitional housing, or (b) housing for persons with special needs, such as the disabled, or (c) financial assistance to assist transitional housing participants to move to permanent housing by paying for the first month's rent or security deposit, or (d) tenant-based rental assistance to program participants who choose their own housing units, and by provision of such services such housing is subject to the requirements of the LBP Regs. (3) Representations: (a) Authority. SUBRECIPIENT is a duly organized and existing non-profit corporation in good standing and authorized to do business under the laws ofthe State of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery ofthis Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part of SUBRECIPIENT. (b) Experience. SUBRECIPIENT is a qualified provider ofthe services to be provided hereunder. (c) Familiarity With Services Required. By executing this Agreement, SUBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to be performed and provided hereunder, (ii) it has carefully considered how the services should be performed, and (iii) it fully understands the facilities, difficulties and restrictions attending performance ofthe services under this Agreement, inclusive of compliance with the LBP REGS. Should SUBRECIPIENT discover any latent or unknown conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY of such fact and shall not proceed except at SUBRECIPIENT'S risk until written instructions are received from CITY'S representative. (d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. 3 "-' -.....I 8/14101 LS (e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy proceeding. (f) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this Agreement. (g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true and correct in all material respects. (h) No Pending Investigation. SUBRECIPIENT is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. (4) Compliance with Subpart K of LBP Rel!s. Subpart K - Acquisition, Leasing, Support Services, or Operation (a) SUBRECIPIENT acknowledges and agrees that it shall comply with and implement the requirements set forth in Title X and the LBP Regs to eliminate, as far as practicable, LBP hazards in all residential property that is under its ownership, possession, or control and/or residential property occupied by persons or families that receive financial or other assistance from SUBRECIPIENT. (b) SUBRECIPIENT shall provide a notice to all residents/occupants of residential property that is under its ownership, possession, or control and/or residential property occupied by persons or families that receive financial or other assistance from SUBRECIPIENT in accordance with Section 35.125 of the LBP Regs. (i) SUBRECIPIENT acknowledges that in connection therewith a visual assessment is not considered an evaluation for purposes of the LBP Regs. (c) Notification (24 CFR 35.130). SUBRECIPIENT shall provide the LBP hazard information pamphlet in accordance with Section 35.130 of the LBP Regs to all occupants, owners, and purchasers of housing. (i) The pamphlet shall be the EPAlHUD/Consumer Product Safety Commission lead hazard information pamphlet or an EP A-approved equivalent. The current form and version of the pamphlet is attached as Attachment No.1 to this Agreement. (ii) SUBRECIPIENT shall cause to be disclosed to all purchasers and lessees available information and knowledge regarding the presence ofLBP 4 ...... 'WI 8/14/01 LS and LBP hazards prior to selling or leasing a housing unit in accordance with 24 CFR 35, Subpart A. The current form and version of such notice is attached as Attachment No.2 to this Agreement. (iii) SUBRECIPIENT shall ensure that all occupants, owners, and purchasers of housing be notified in writing of the results ofthe presumption of LBP and/or LBP hazards, and results of any lead hazard evaluation, and any lead hazard reduction work in accordance with 24 CFR 35, Subpart A. The current form and version of such notice is attached as Attachment No.3 to this Agreement. (d) Lead Hazard Evaluation (24 CFR 35.125). SUBRECIPIENT shall conduct all activities described in Section 35.1015 relating to visual assessment, paint stabilization, risk assessment, and maintenance with regard to all residential property that is under its ownership, possession, or control and/or residential property occupied by persons or families that receive financial or other assistance from SUBRECIPIENT, except for the exemptions described below in section 4 (d)(i)(l). (i) SUBRECIPIENT shall cause a visual assessment to identify deteriorated paint in all residential property that is under its ownership, possession, or control and/or residential property occupied by persons or families that receive financial or other assistance from SUBRECIPIENT. (l)Section 35.115(a) provides exemptions from Subparts B through R ofthe LBP Regs. including without limitation, (a) short term emergency assistance lasting less than 100 days cumulatively is exempted from compliance with Subpart K as to such short term rental assistance units, and (b) exemption for zero-bedroom units, including SRO units, for which occupancy by a recipient of SUB RECIPIENT'S services is for less than 100 days, and (c) exemption for residential housing units constructed after January 1, 1978. (ii) To the extent that the assistance provided by SUBRECIPIENT to persons or households meets one or more of the exemptions set forth in the LBP Regs, then compliance with the notification, evaluation, reduction, clearance and other requirements of the LBP Regs is not required related to the subject housing unit due to such exemption. (iii) SUBRECIPIENT shall comply with the applicable provisions of both Subpart K and Subpart M (Tenant Based Rental Assistance) of the LBP Regs. as to all tenant-based long term housing assistance, i.e., assistance to persons/households residing in housing units cumulatively for more than 100 days. If SUBRECIPIENT has knowledge that an assisted family or household will occupy a dwelling unit for more than 100 days, the LBP Regs require evidence of compliance prior to occupancy. Funding to be provided hereunder is conditioned upon evidence of compliance. (1) Subpart M applies to all dwelling units occupied to be occupied by families or households that have one or more children of less than 6 years of age, as 5 '-' 'WI 8/14/01 LS well as the common areas servicing such dwelling units, and exterior painted surfaces associated with such dwelling units or common areas. LBP compliance requirements relating to such dwelling units includes, without limitation: notification, evaluation by visual assessment, paint stabilization utilizing safe work practices, and clearance. (2) CITY advises SUBRECIPIENT that in the event the services provided hereunder include rental assistance payments, such as first and last month's rent and/or security deposit, and the assisted tenant executes a lease for long term occupancy, including occupancy in the same dwelling unit for more than 100 days, then the provisions of Subpart M (Tenant Based Rental Assistance), will apply (unless otherwise informed and directed by HUD). In this regard, CITY advises SUBRECIPIENT that Subpart M requires HQS inspection of each dwelling unit prior to occupancy and prior to compliance with applicable notification, evaluation by visual assessment, reduction through paint stabilization utilizing safe work practices, and clearance requirements of the LBP REGS. (e) Lead Hazard Reduction Work. SUBRECIPIENT shall cause LBP hazard reduction, such as paint stabilization, interim controls, standard treatments, or abatement of all residential property that is under its ownership, possession, or control and/or residential property occupied by persons or families that receive financial or other assistance from SUBRECIPIENT, except as exempted as described in subsection 4(d)(i)(I) above. (I) Ifpaint stabilization occurs, SUBRECIPIENT shall cause paint stabilization of each deteriorated surface and clearance of residential units pursuant to Section 35.l330(a) and (b) shall occur before occupancy of a vacant dwelling unit, or where a unit is occupied, immediately after receipt of the CDBG FUNDS hereunder. (2) Safe Work Practices shall be used in all LBP hazard reduction work. (3) Clearance shall be conducted to confirm that no LBP hazards remain when LBP hazard reduction work is complete. Confirmation of clearance by written certification of a qualified inspector is required on an annual basis in connection with submittal of the April 15 quarterly report. (f) Onl!oinl! Maintenance. SUBRECIPIENT shall incorporate ongoing LBP maintenance activities into regular building operations in accordance with Section 35.1355(a) for all residential property that is under its ownership, possession, or control and/or residential property occupied by persons or families that receive financial or other assistance from SUBRECIPIENT, except as exempted as described in subsection 4(d)(i)(I) above. (1) Ongoing maintenance includes confirmation of clearance which shall be conducted to confirm that no LBP hazards remain when LBP hazard reduction work is complete. 6 '-' '-' 8/14/01 LS (2) Ongoing maintenance also includes confirmation of clearance by written certification of a qualified inspector on an annual basis in connection with submittal of the April 15 quarterly report. (3) A part of such ongoing maintenance obligation includes notification of the results of clearance confirmation and annual confirmation of clearance. a. SUBRECIPIENT shall cause to be provided a notice to all occupants of all residential property that is under its ownership, possession, or control and/or residential property occupied by persons or families that receive financial or other assistance from SUBRECIPIENT in accordance with Sections 35.l25(b )(1) and (c), describing the results of the clearance examination and the results of annual certification. (g) Units Cleared Prior to Date of Al!reement: Confirmation of Clearance. In the event the requirements of the LBP REGS relating to lead hazard evaluation, lead hazard reduction, and lead hazard clearance have been completed on the subject dwelling units prior to the Date of Agreement, then the SUBRECIPIENT shall provide to the CITY with the April 15 quarterly report a certificate from a qualified inspector evidencing a recent inspection and confirmation of clearance ofLBP and LBP hazards from the subject dwelling unit(s). 5. LBP Informational Summary. For purposes of information only and in no respect intended to be a representation or warranty of the provisions of the LBP REGS, the CITY has caused to be prepared an information summary relating to the LBP REGS and application to dwelling units that may be occupied by recipients of services and/or funding from SUBRECIPIENT under this Agreement. Attachment No.4 to this Agreement, attached and hereby fully incorporated by this reference, is such information summary. CITY staffwill cooperate with and make themselves available to SUBRECIPIENT to assist in implementation of compliance with the LBP REGS as to residential dwelling units to be assisted by SUBRECIPIENT. The parties acknowledge and agree the CITY is and shall not be liable or responsible for the accuracy of such summary, and the SUBRECIPENT is directed to the LBP REGS and implementing guidance published and provided by HUD relating to compliance with such LBP REGS. B. Amount of Grant and Ouarterlv Disbursement. The amount granted to SUBRECIPIENT is $ 15,000 ("CDBG FUNDS"), and such funds shall be expended by SUBRECIPIENT on or before June 30, 2002. The CDBG FUNDS shall be disbursed by CITY to SUBRECIPIENT on a quarterly basis, subject to and upon receipt and approval of a complete SUBRECIPIENT'S quarterly activity report, with the fmal payment subject to the satisfaction of the condition precedent of submittal of complete reporting information due on or before July 15th of the applicable funding year, as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including but not limited to obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. 7 '-' ....., 8/14/01 LS C. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit B", attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds CITY is otherwise obligated to pay to SUBRECIPIENT under Paragraph II hereof. D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before June 30, 2002 and to use said funds to pay for necessary and reasonable costs allowable under the federal law and regulations to operate said program. Said amounts shall include, but not be limited to, wages, administrative costs, and employee benefits comparable to other similarly situated employees. Other allowable program costs are detailed in the Budget, as set forth in "Exhibit B", attached hereto and by this reference incorporated herein. SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions ofthis Agreement. E. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's operations hereunder. F. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good-faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in termination of grant funding hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. G. Separation of Accounts. AIl funds received by SUBRECIPIENT from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable OMB Circular A-lID requirements. SUBRECIPIENT is not required to maintain separate depository accounts for CDBG FUNDS; provided however, the SUBRECIPIENT must be able to account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable OMB Circular A-liD requirements. H. Audit Report ReQuirements. SUBRECIPIENT agrees that if SUBRECIPIENT 8 '-' '-' 8/14/01 LS receives Three Hundred Thousand Dollars ($300,000.00) or more in federal funds, SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by October 1 of the year following the program year in which this Agreement is executed. Further, SUBRECIPIENT shall comply and/or cause compliance with audit report(s) required by applicable provisions of Title X and the LBP Regs. 1. Record KeeoingfReoorting. SUBRECIPIENT shall keep and maintain complete and adequate records and reports to assist CITY in meeting and maintaining its record keeping responsibilities under the CDBG REGS, Title X, and the LBP Regs, including the following: (1) Records a. Documentation evidencing program income requirements in conformity with 24 CFR 570.504(b((2)(i), (ii) and 24 CFR 570.503(b )(3) and 24 CFR 570.208(a)(2)(B) of the income level of persons and/or families participating in or benefiting by the SUBRECIPIENT program. b. Documentation of the number of persons and/or families participating in or benefiting by the SUBRECIPIENT program. c. Household information shall include number of persons, identification of head of household, race/ethnicity, and income verification. d. Documentation of all CDBG FUNDS received from CITY. e. Documentation of expenses as identified in the Budget Proposal, including evidence of incurring the expense, invoices for goods or services, copies of any and all contracts or documentation pertaining to costs for subcontractors, plus all other invoices for which CDBG FUNDS were expended, and any payments therefor. f. Any such other related records as CITY shall reasonably require or as required to be maintained pursuant to the CDBG REGS. g. Documentation evidencing compliance with all applicable provisions of Title X and the LBP Regs, in particular Subpart K and, as applicable Subpart J and/or Subpart M. (i) Specific documentation, as required, evidencing compliance with all applicable provisions of such LBP Regs including: (i) notification, including distribution ofthe lead hazard information pamphlet (Attachment No.1), disclosure and notices of hazard evaluation and reduction (Attachments 9 '-' ...., 8114101 LS No.2 and 3); (ii) evaluation oflead hazard(s), including paint testing and risk assessment; (iii) reduction oflead hazard( s), including safe work practices and clearance, and confirmation of clearance; and (iv) ongoing maintenance, as and if applicable for multifamily properties. (ii) In this regard SUBRECIPIENT shall track information on all persons/households assisted and the housing units assisted with the CDBG FUNDS. Attachment No.5 hereto is a sample form for tracking persons/households and housing units assisted with the CDBG FUNDS. All categories of information set forth in such tracking form shall be prepared and submitted to the CITY with the April 15 quarterly report. (iii) In the event that such information and reports are not complete and reasonably satisfactory information submitted in order for CITY staff to review and evaluate compliance with applicable CDBG REGS and LBP Regs., then the final quarterly disbursement payment shall be withheld from the SUBRECIPIENT. (iv) Documentation of clearance confirmation as provided in Section I.(I)(g) hereinabove. (2) Reports (i) Payment Request. Concurrently with the submittal of each quarterly report, on or before the 15th day of October, January, April and July, SUBRECIPIENT shall submit both: an original invoice and true copies of invoices, receipts, agreements or other documentation supporting and evidencing how the CDBG FUNDS have been expended during the applicable quarter. (ii) Quarterly Activity Report: Including in such reports evidence of compliance with all applicable provisions of Title X and the LBP Regs, in particular Subpart K and, as applicable Subpart J, as further described in subsection (d) hereinafter, and Subpart M, ifSUBRECIPIENT provides long term tenant-based rental assistance. SUBRECIPIENT agrees to provide CITY with written cumulative (year-to-date) reports of its activities on or before the 15th day of October, January, April and July for the period beginning July I, 2001 and through and including the previous three-month reporting period setting forth the activities, program accomplishments, new program information and year-to- 10 '-' 'wi 8/14/01 LS date program statistics on expenditures, caseload and activities. When appropriate, pictures should be included. (iii) Any such other reports as CITY (or HUD) shall reasonably require and/or request, including but not limited to the following information: the receipt of program income [as defined at 24 CFR 570.500(a)] by SUBRECIPIENT in the operation of said program shall be recorded by SUBRECIPIENT and reported to CITY; monthly records of all ethnic and racial statistics of persons and families benefited by SUBRECIPIENT in the performance of its obligations under this Agreement, including, but not limited to, the number of low and moderate income persons and households assisted in accordance with federal income limits and the number of female heads of households. (3) Recordkeeoing of Ongoing Maintenance under the LBP Regs. If the services and program activities provided by SUBRECIPIENT hereunder establish an ongoing relationship with a property (such as long term tenant based rental assistance program [Subpart M] or transitional or permanent housing operated or administered by the SUBRECIPIENT), then the SUBRECIPIENT shall provide a report to the CITY evidencing that SUBRECIPIENT and/or the property owner(s), as applicable, has performed ongoing maintenance of the subject property. Ongoing maintenance shall include evidence of an annual clearance certification of the subject residential property conducted by a DHS certified technician to ensure that LBP hazard reduction measures are maintained. All maintenance activities shall be conducted to ensure the threat of LBP hazards is minimized. (4) Recordkeeoing under the LBP Regs. The SUBRECIPIENT shall keep records of distribution of notifications, all visual assessment, evaluations, inspections, repairs, and any other lead hazard evaluation, reduction, safe work practices, and clearance activities. (a) The SUBRECIPIENT shall keep records evidencing distribution of all lead hazard information pamphlet(s). (b) The SUBRECIPIENT shall keep records evidencing each LBP evaluation report, LBP hazard reduction documentations, (such as job specifications), and all clearance or abatement report(s). (c) The SUBRECIPIENT shall keep ongoing maintenance records and records of relevant building operations for use during reevaluations of subject property for LBP and/or LBP hazards. 11 '-' '-' 8/14/01 LS 1. Such records shall be maintained for not less than longer of (A) three (3) years after the activities cease or (B) the period required by applicable program regulations. Under the CDBG REGS records shall be retained for not less than four (4) years after the activities cease. 2. The SUBRECIPIENT shall provide a copy of any ofthe above records to the CITY or to HUD upon request of either or both. (d) Tracking Report. If the SUBRECIPIENT has provided, or is providing, rental assistance payments directed to a housing unit or housing units for more than 100 days, or it is anticipated that during the last quarter of funding that such rental assistance payment will be for more than 100 days, then the April 15 quarterly report shall contain information and evidence of compliance with the requirements herein relating to tracking of housing units, cumulative days of rental assistance, proper notifications to occupants and owners, HQS inspection, visual assessment, work write-up, stabilization and clearance of LBP and LBP hazards, if any. The proposed form of such tracking information is attached hereto as Attachment No.5 and fully incorporated by this reference. In the event such April 15 quarterly report does not fully satisfy the reporting requirements set forth herein and in the LBP Regs, then the final installment payment of the CDBG FUNDS shall be withheld from disbursement to SUBRECIPIENT. J. Access to Records. CITY and the United State Government and/or their representatives shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's activities and performance, to books, documents and papers, and the right to examine records of SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in regard to said program. CITY and the United States Government and/or their representatives shall also schedule on-site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder are conducted or in which any of the records of SUB RECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. K. Location of Records/ReQuired Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and thereafter for four (4) years after completion of an audit in conformity with the CDBG REGS, except as hereinafter provided relating to retention of any records or documentation existing, created, or maintained in compliance with Title X or the LBP Regs. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out ofthe performance ofthis Agreement, or (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the four (4) years until complete 12 '-' ""'" 8/14/01 LS resolution or disposition of such appeals, litigation claims, or exceptions. All records relating to, or created or maintained in compliance with, Title X and/or the LBP Regs shall be retained and maintained by SUBRECIPIENT indefinitely, including without limitation, all inspection report(s), disclosure statement(s), and clearance report(s). In the event SUBRECIPIENT does not make the above-referenced documents available within the city of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. 1. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to the ACT as amended and that expenditures of these funds shall be in accordance with the ACT and all pertinent regulations issued by agencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations. Program income received by SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement. M. Standing. SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in the corporate status or suspension of SUBRECIPIENT shall be reported irnmediately to CITY. N. Confidentialitv. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, SUBRECIPIENT shall submit to CITY and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. O. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder are rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify expenditure of the CDBG funds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained/spent under fraudulent circumstances. Q. Eauipment. SUBRECIPIENT agrees to maintain a record for each item of non- expendable personal property acquired under the terms of this Agreement. Said record shall be 13 ~ "-'" 8/14/01 LS made available to CITY upon request. The term "non-expendable personal property" shall include leased and purchased equipment. R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or gifts. S. Lobbving. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that effect in a form as set forth in "Exhibit C," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (see C-l). T. Financial Interest. SUBRECIPIENT agrees that except for the use ofCDBG funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to CDBG activities assisted under the terms of this Agreement, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity of SUBRECIPIENT, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any designated public agencies, or the SUBRECIPIENT. U. Davis-Bacon Act. All laborers and mechanics employed by contractors or subcontractors in the performance of construction work, including alterations and repairs, in excess of $2,000.00, financed in whole or in part with federal funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis-Bacon Act, as amended, 40 U.S.C. sections 276a - 276a-5. Any such construction contract shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. 95.5. Further, the payroll reports (along with the "Statement of Compliance") and basic records are 14 '"' """ 8/14/01 LS required to be maintained and submitted, or made available, pursuant to 29 C.F.R. ~5.5(a)(3). No payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless there is on file with the agency a certification by the contractor that the contractor and its subcontractors have complied with the provisions of 29 C.F.R. ~5.5. . A breach of the contract clauses in 29 C.F.R. ~5.s may be grounds for termination of the contract, and for debarment as a contractor/subcontractor, as provided in 29 C.F.R. ~5.12. Labor standards interviews/investigations shall be made as necessary to assure compliance [29 C.F.R. ~5.6(a)(3)]. V. Drug Free Workolace. SUBRECIPIENT certifies that it has established the following drug-free workplace policy: 1. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace for any employee involved in a federally funded program. 2. As an employee working in conjunction with a federally funded program, the employees of SUBRECIPIENT will be required to: a) Abide by the terms above in statement 1. b) Notify appropriate officials of SUBRECIPIENT and CITY officials of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction. 3. The City and the United State Department of Housing and Urban Development will be notified within ten days after receiving notice of any such violation. 4. Within 30 days of receiving such notice, appropriate personnel action will be taken against such employee, up to and including termination. Each such employee shall be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency. II. CITY'S OBLIGATIONS A. Pavrnent of Funds. Upon execution of this Agreement by SUBRECIPIENT, CITY shall pay to SUBRECIPIENT from CDBG funds, when, if and to the extent received from HUD, for CITY's 2001-2002 CDBG program year amounts expended by SUBRECIPIENT in carrying out said program for fiscal year 2001-2002 pursuant to this Agreement up to a maximum aggregate payment ofFIFTEEN THOUSAND Dollars ($ 15,000) in installments determined by CITY. Payments shall be made to SUBRECIPIENT through the submission of invoices on a quarterly basis (October, January, April and July) in a form prescribed by CITY, detailing such expenses. CITY shall pay such invoices within thirty (30) days after receipt thereof provided CITY is satisfied that such expenses have been incurred and documented within the scope and provisions of this IS ""'" ...,. 8/14/01 LS Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of this Agreement, and in compliance with Title X and the LBP Regs. B. Audit of Account. CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's annual audit of all COBG FUNDS in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. III. NONDISCRIMINATION SUBRECIPIENT agrees that no person on the ground of race, age, color, national origin, religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with COBG funds. IV. CONFLICT OF INTEREST SUBRECIPIENT agrees that no officer, employee, agent or assignee of CITY having direct or indirect control of any COBG monies granted to the CITY, inclusive of the subject COBG FUNDS, shall serve as an officer of SUBRECIPIENT. Further, any conflict or potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any changes or modifications to its board of directors and list of officers. V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the provision ofthe services SUBRECIPIENT shall provide with COBG funds: A. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion. B. SUBRECIPIENT shall not discriminate against any person applying for the services SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion. C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the 16 """ ....,. 8/14/01 LS establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article I, Section 4 of the California Constitution, and is not in any manner intended to restrict other activities of SUBRECIPIENT. D. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPIENT, CDBG funds may also be used for minor repairs to such property which are directly related to the cost of rendering the services under said program, where the cost constitutes in dollar terms only an incidental portion of the CDBG expenditure for rendering the services under said program. VI. PROHIBITION OF NEPOTISM SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by SUBRECIPIENT. For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in- law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. VII. NOTICES Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage prepaid, and addressed as follows: TO CITY: City of Santa Ana Community Development Agency (M-25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702-1988 TO SUBRECIPIENT: Rebuilding Together Orange County P.O. Box 51088 Irvine, CA 92619-1008 VIII. ASSIGNABILITY None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. 17 '-' ..J 8/14/01 LS IX. HOLD HARMLESS SUBRECIPIENT shall indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all damages to or for loss of use of property and for injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising out of SUBRECIPIENT's performance of this Agreement. X. INSURANCE A. In accordance with the provisions of Section 3300 of the Labor Code, if SUBRECIPIENT has any employees it is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing performance of this Agreement, SUBRECIPIENT agrees to obtain and maintain employer's liability insurance with limits not less than $1,000,000 per accident. If SUBRECIPIENT has no employees, nor workers' compensation coverage, it must execute a Declaration available from the CITY, and update as is necessary. B. SUBRECIPIENT shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representatives, employees and volunteers as additional insureds; (2) be primary with respect to insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of insureds provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted arising out of SUB RECIPIENT's operations hereunder. SUBRECIPIENT shall: (a) prior to exercising any right under this Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the CITY which shall clearly evidence all coverages required above; (b) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the CITY; (c) maintain such insurance for the period covered by this Agreement; and (d) replace such certificates for policies expiring prior to the expiration ofthis Agreement. XI. REVERSION OF ASSETS 18 '-" '-' 8/14/01 LS A. Upon the expiration ofthis Agreement, SUBRECIPIENT shall transfer to CITY any CDBG funds on hand at the time of the expiration of this Agreement as well as any accounts receivable attributable to the use of CDBG funds. [24 CFR 570.503(b )(8).] B. Any real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds in excess of$25,000.00 must either be: 1. Used, where CITY has given written approval, to meet one of the national objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for such longer period of time as determined to be appropriate by CITY; or 2. If not used in accordance with subparagraph A above, SUBRECIPIENT shall pay to CITY an amount equal to the current fair market value of the property less any portion of the value attributable to the expenditure of non-CDBG funds for acquisition of, or improvement to, the property. Such payment is program income to CITY. C. Subject to the obligations set forth herein, title to equipment acquired under the terms of this Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment which has been acquired in accordance with this Agreement and all applicable regulations is no longer needed for said program, disposition of said equipment will be made as follows: 1. Items of equipment with a current per unit fair market value of less than $5,000.00 may be retained, sold or otherwise disposed of with no further obligation to CITY. 2. Items of equipment with a current fair market per unit value of $5,000.00 or more may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current market value or proceeds from the sale by CITY's share of federal funds used to acquire the equipment, in accordance with 24 CFR 85.32(e)(2). D. SUBRECIPIENT hereby agrees, upon the demand of CITY, to execute, acknowledge and deliver, or cause any person or entity who may have any claim to rights hereunder or under any document, instrument or agreement executed in furtherance of the services and activities to be performed hereunder, to execute, acknowledge and deliver, to CITY assignment(s), quit claim deed(s) or such other and further instruments, documents and agreements as may be necessary, in the sole and absolute discretion of CITY, to vest in CITY all of SUBRECIPIENT's right, title and interest (if any it may have) in and to CITY, CDBG or other federal, state and/or local accounts or program funds or allocation of funds to which CITY is or may be entitled, either for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the performance of this Agreement or any previous agreements relating to the same subject matter or activities as this Agreement, together with any instruments, loans, grants or advances by SUBRECIPIENT on behalf of CITY, in furtherance of the activities hereunder or thereof. SUBRECIPIENT's obligations and responsibilities set forth in this paragraph "XI. 19 """ 'wi 8/14/01 LS REVERSION OF ASSETS," and in paragraph "XII. TERMINATION" and other requirements pertaining to program income shall not be affected by the termination of this Agreement and shall survive the date of termination of this Agreement for such period of time as CITY and/or HUD deems necessary for the responsibilities, duties and obligations to be performed and completed to the satisfaction of CITY and HUD. XII. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date oftermination. B. This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for violation by SUBRECIPIENT of Federal Laws governing the use of Community Development Block Grant Funds. In the event of such suspension or termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 24 CFR 85.43, in the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. D. The grant of funds under this Agreement may be terminated for convenience in accordance with 24 CFR 85.44. E. In the event this Agreement is terminated as set forth in subparagraphs XII.A. through XILD., inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement. XIII. LIMITATION OF FUNDS The United States of America, through HUD, may in the future place programmatic or fiscal 20 '-" ""'" 8/14/01 LS limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly, CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of SUBRECIPIENT's authority to commit and spend funds, or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to a cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal accountability, financial soundness, or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. XIV. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. XV. LAWS GOVERNING THIS AGREEMENT This Agreement shall be governed by and construed in accordance with the laws of the State ofCalifomia, and all applicable federal laws and regulations. XVI. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XVII. MISCELLANEOUS PROVISIONS 21 '" 'wi 8/14/01 LS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each ofthe terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. c. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. 22 '-" '-" 8/14/01 LS IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. CITY OF SANTA ANA DATED: \"d-\ "2,\\ 0 \ \ ATTEST: APPROVED AS TO FORM: ~.. . '. ~/?U PATRICIA E. HEALY Clerk ofthe Council tJr'U - ~L ( JOSEPH W. FLETCHER City Attorney SUBRECIPIENT: DATE: n_/-> /0 ( f ~~ Nam. (!.. 't' ~ +.u;..J Title: p R..e:t 1ge----~ Tax ill: 33-0587571 23 '-' \...." GOALS AND OBJECTIVES! METHODOLOGY IN CARRYING THEM OUT Please list your primary goals and objectives in carrying out the program you are applying for as well as descriptions of the specific actions and tasks that will be performed on a day-to-day basis with CD8G funds in order to achieve these objectives. In listing your goals and objectives, identify your target population and how you propose to serve their needs. Also in the goals and objectives portion, please estimate the level Of service you hope to provide in quantifiable terms. When listing the specific actions and tasks to be performed to achieve your program's objectives, please be sure to explain fully why you feel these activities will help accomplish YO\.lr specified objectives. See Appendix A for examples. Goal #1: Identify low-income and disabled homeowners in need of assistance to make their homes safe, secure. warm and dry. Objective 1.1 Imorove oroqram recoqnition in target community Task/Action: (A) Make presentations to homeowner associations within the target areas (8) Make presentations at all communitv centers in target areas p. ~ , Objective1.2 Obtain at least 50 Santa Ana homeowner rehabilitation aoolications -"':,,"---..---. .-. - .. ...... . Task/Action: (A) Solicit potential applicants via the city Communitv Develooment Aqencv (8) Solicit potential applicants via Neiqhborhood Housinq Services iQl Solicit potential applicants via Meals-on-Wheels and Feedback Foundation Goal #2: Provide the resources to rehabilitate an increased number of houses of qualified homeowners in the Santa Ana target areas. Objective 2.1 ~ ) Re~it at. least 400 Santa. Ana volunteers for.Rebuilding Day and emergefn.cy.tasks-.... Task/Action: (A) Contact work group and individual volunteers from previous years .lID Solicit first-time volunteers through the Volunteer Center of Oranqe Countv Objective 2.2 Increase local community volunteer participation ~ Task/Action: (A) Contact and encourage formation of work groups in from churches within the target area (8) Contact and encourage formation of work groups from schools and colleges in and around the target areas elV-ff!3lr A f'J (~2- ""'" """'" VI. GOALS AND OBJECTIVES Methodology in Carrying Them Out: (Continued): Objective 2.3 Increase donated skilled labor and materials by 15% Task/Action: (A) Solicit skilled labor from additional building trades and locals (B) Request materials donations from additional merchants =- Goal #3: Continue to develop our capability to provide year-round home modifications for homeowners with disabilities Objective 3.1 Establish a year-round capability of providing wheelchair access and . home modifications (grab bars/door knobs/latches/bathroom facilities/light switches, etc.) to qualified homeowners Task/Action: (A) Design ramps and obtain permits (B) Establish inventory of needed materials (e) Establish volunteer labor pool to construct ramps r ~ ,. " e/-i+tB1rA ~l"62. ~\ "'" ; ...., Christmas in April * Serving Orange County 2001-2002 Rebuilding Project Budget Description of % Funded Expenditures: Total bv CDBG ~CDBG Other FTE SALARIES (including benefits) , , Executive Director .75 52,200 5.7 3,000 49,200 Administrative Assistant .75 20,000 7.5 1,500 18,500 · Program Coordinator .50 12,000 4.2 500 11,500 0 0 INSURANCE, TAXES & LICENSES 2,500 0 2,500 MEMBERSHIPS & DONATIONS 3,000 0 3,000 SUPPLIES, POSTAGE & PRINTING 10,000 0 10,000 RENT & UTILITIES (Non-Cash) 60,000 0 60,000 TELEPHONES 2,500 0 2,500 STAFF TRAINING & TRAVEL 4,500 0 4,500 ACCOUNTING SERVICES 7,000 0 7,000 VOLUNTEER RECRUITMENT 7,500 0 7,500 VOLUNTEER SUPPORT 51,000 0 51,000 TRANSPORTATION 2,000 0 2,000 REHAB MATERIALS & SUPPLIES & SKILLED LABOR 210,000 4.8 10,000 200,000 EQUIPMENT RENTALS 1,500 0 1,500 TOTAL EXPENDITURES: 445 700 3.4% 15.000 430 700 REVENUE: SANTA ANA CDBG 15,000 OTHER CITIES CDBG 45,000 County CDBG 25,000 .PROJECT SPONSORS 165,000 PRIVATE DONATIONS, 33,000 FUNDRAISER INCOME 3,500 DONATIONS (Non-Cash) 158,000 OTHER .' 1,200 ~ TOTAL REVENUE: 445.700 Note 1: Approximately 85% of each dollar goes directly mto the service prOVided for Christmas in April clients Note 2: .Program Coordinator is a position not currently filled) Note 3: Executive Director & Admin Assist are both only 30 hour positions e.X/t1Slr g '- ....., Certification Regarding Lobbying Certification for Contracts. Grants. Loans. and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf ofthe undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in, connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, (3) The undersigned shall require that the language of this certification be included in the award docunlents for all subawards at all tiers (including subcontract, sub grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission. of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. t&Pr.UI/A/AJG- 7O&e1l1i:YL ~flIt1J~ &w..;rf Grantee/Contactor Organization Program Title e'r' . /U4.,,",~,.) Name of Certifying Officer p-/~-/ol Date EXHIBIT C Page 1 of2 '- ....., SUBRECIPIENT warrants the following: 1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1. 2. No person in the United States shall on the ground of race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to the ACT. 3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis-Bacon Act, as amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in construction work. 4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development funds, except that (a) SUBRECIPIENT does not assume CITY'S enviromnental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process under Executive Order 12372. EXHIBIT C Page 2 of2 """" ...." DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 Approved by OMS 0346-0046 'See reverse for public burden disclosure.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: o a. contract Oa. bid/offer/application o a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award For Material Change Only: d.loan year quarter ___~~ e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is a Subawardee, Enter Name DPrime o Subawardee and Address of Prime: Tier ___. if known: Conaressional District, if known: Canaressianal District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Descriptian: CFDA Number. if applicable: 8. Federal Actian Number, if known: 9. Award Amaunt, if known: $ 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if (if individual, last name, first name, MI): different from No. 10a) (last name, first name, M/): (attach Continuation Shea "s) SF.LLLA, If necessary) 11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply): $ D actual D planned D a. retainer D b. one-Umelee 12. Form of Payment (check all that apply): D .. commlulon D a. .ash D d. .onUngenlle. D b.ln-klnd; speclfy: nature D .. delerred value D f. other; speclfy: 14. Brief Description of Services Performed or to be Performed and Date(s) of Service, Including offlcer(s), employee(s), or Member(s) contacted, for Payment Indicated in Item 11: (BUBch Con~nuB~on Sheetls) SF-LLLA. If necessarY) 15. Continuation Sheetlsl SF.LLLA attached: Dv.. DNo 16 InformaCion requested through this form II lIUthorlzecl by title 31 U.S.C. MCIion Signature: . 1352. Thia Olsclosure of lobbV\ng acllvitias Is 8 material representation of fact upon which relillnce WIll placed by the tier lbovewhen this 1nlnuction wu mIlde Print Name: Of en-.d Into. This dltdoalre i. t8Clul~ plnU8nt 10 31 U.S.C. 1352. This InformaUm will be reported to the Cons1MI Nml-annully end will be 1"'11111;118 for . Trtle: pubic:: lnapectiG'l. Any 1*10" who h11b1 10 ftIe the rMjuNd dildOlUIa .,.1 be subject 10. civil penalty of not I... that $10,ooo."d not more than $100,000 for Telephone No.: Dale: eac:hsud1faillre. Federal Use Only: I Authorized for Local Reproduction Standard Form LLL (Rev. 7-97) '- '-' INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardeeor prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency. a Member of Congress, an officer or employee of Congress, or an employeeof a Member of Congress in connection with a covered Federalaction. Use the SF-LLLA Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, If known. Check the appropriateclassification of the reporting entity that designates if it Is, or expects to be, a prime or subaward recipient.ldenlify the tier of the subawardee,e.g., the first subawardee of the prime is the 1 st tier. Subawards include but are not limited 10 subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee,"then enter the full name, address,. city, State and zip code of the prime Federal recipient. Include Congressional District. if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizationallevel below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans. and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action Identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE..sO.o01," 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the awardlloan commitment for the prime entity identified in Item 4 or 5. 10. (a) Enter the full name, address. city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to Influence the covered Federal action. (b) Enter the full names of the individual(s) perfonning services. and include full address if different from 10 (a). Enter Last Name, First Name, and MiddlelniUal (MI). 11. Enter the amount of compensaUonpaid or reasonablyexpecledto be paid by the reportlngenlity (Item 4) to the lobbying entity (rtem 10). Indicate whelher the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made, 12. Check the appropriatebox(es). Check all boxes that apply. If paymentis made through an in-kind contribution. specify the nature and value of the in--kind payment. 13. Check the appropriate box(es), Check all boxes that apply. If other, specify nature. 14. Provide a specific and detaileddesaiptioo of the services that the lobbyist has performed, or win be expectedto perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted, 15. Check whether or not a SF-LLLA Continuation Sheet(s) is attached. 16. The certifying official shall sign and date the form, print hislher name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of Information unless It displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 30 minutes per response,lncluding time for reviewing Instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the cotlectlon of information. send comments regarding the burden estimate or any other aspect of this collection at information, including suggestions for reducing this burden, to the Office of Managementand Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503. '-' ...., AttA.Ctt~1. \ow' 'WI Are You Planning To Buy, Rent, or Renovate a Home Built Before 1978? Many houses and apartments built before 1978 have paint that contains lead (called lead-based paint). Lead from paint. chips, and .dust can pose serious health hazards if not taken care of properly. Federal law requires that ,individuals receive certain information before renting. buying. or renovating pre-1978 housing: ..~) (-,0. ': ~" ,,,,"' ~.; '., 1 , , ..'~.~ '___"1 .i~} LANDLORDS have to disclose known infor- mation on lead-based paint and lead-based paint hazards before leases take effect. Leases must include a disclosure form about lead-based paint. SELLERS have to disclose known informa- tiOn on lead-based paint and lead-based paint hazards before selling a house. Sales contracts must include a disclosure form about lead-based paint. Buyers have up to 10 days to check for lead hazards. RENOVATORS have to give you this pamphlet before starting work. (After June 1.1999.) IF YOU WANT MORE INFORMATION on these requirements. call the National Lead Information Clearinghouse at '-800-424-LEAD. This document is in the public domain. It may be reproduced by an individual or organization without permission. Information provided in this booklet is based upon current scientifIC and technical understanding of the issues presented and is reflective of the jurisdictional bound1l'ies established by the statutes governing the co-authorilg agencies. following the advice given will not necessarily pro- vide complete protecti:Jn in all situations or against all health hazards that can be caused by lead exposure. ." '-' 'WI IMPORTANT! " Lead From Paint, Dust, and Soil Can Be Dangerous If Not Managed Properly FACT: Lead exposure can harm young children and babies even before they are born. FACT: Even children who seem healthy can have high levels of lead in their bodies. FACT: People can get lead in their bodies by breathing or swallowing lead dust, or by eating soil or paint chips containing lead. FACT: People have many options for reducing lead hazards. In most cases, lead-based paint that is in good condition is not a hazard. FACT: Removing lead-based paint improperly can increase the danger to your family. If you think your home might have lead hazards, read this pamphlet to learn some simple steps to protect your family. 1 '-" ~ Lead Gets in the Body in Many Ways In the United States, about 900,000 children ages 1 to 5 have a blood-lead level above the level of concern. Even children who appear healthy can have danger- ous levels of lead in their bodies. People can get lead in their body if they: ... . Put their hands or other objects covered with lead dust in their mouths. . Eat paint chips or soil that contains lead. . Breathe in lead dust (especially during renovations that disturb painted surfaces). Lead is even more dangerous to children than adults because: . Babies and young children often put their hands and other objects in their mouths. These objects can have lead dust on them. . Children's growing bodies absorb more lead. . Children's brains and nervous systems are more sensitive to the damaging effects of lead. 2 "". Lead's Effects If not detected early, children with high levels of lead in their bodies can suffer from: . Damage to the brain and nervous system . Behavior and learning problems (such as hyperactivity) . Slowed growth . Hearing problems . Headaches Lead is also harmful to adults. Adults can suffer from: . Difficulties during pregnancy . Other reproductive problems (in both men and women) . High blood pressure . Digestive problems . Nerve disorders . Memory and concentration problems . Muscle and joint pain 'wII " Rell_. p-.,. IMuloll Lead affects the body in many ways. 3 .....~ ....., Where Lead-Based Paint Is Found In general, the older your home, the more likely it has lead- based paint. Many homes built before 1978 have lead- -.. based paint. The federal government banned lead-based paint from housing in 1978. Some states stopped its use even earlier. Lead can be found: + In homes in the city, country, or suburbs. +In apartments, single-family homes, and both private and public housing. + Inside and outside of the house. + In soil around a home. (Soil can pick up lead from exterior paint or other sources such as past use of leaded gas in cars.) Checking Your Family for Lead Get your children and home tested if you think your home has high lev- els of lead. 4 To reduce your child's exposure to lead, get your child checked, have your home tested (especially if your home has paint in poor condition and was built before 1978), and fix any hazards you may have. Children's blood lead levels tend to increase rapidly from 6 to 12 months of age. and tend to peak at 18 to 24 months of age. Consult your doctor for advice on testing your children. A simple blood test can detect high levels of lead. Blood tests are usually recommended for: + Children at ages 1 and 2. + Children or other family members who have been exposed to high levels of lead. + Children who should be tested under your state or local health screening plan. Your doctor can explain what the test results mean and if more testing will be needed. ...... ""'" Where Lead Is Likely To Be a Hazard Lead-based paint that is in good condition is usually not a hazard. Peeling, chipping, chalking, or cracking lead-based paint is a hazard and needs immediate attention. Lead-based paint may also be a hazard when found on surfaces that children can chew or that get a lot of wear -and-tear. These areas include: . Windows and window sills. . Doors and door frames. . Stairs, railings, and banisters. . Porches and fences. Lead dust can form when lead-based paint is dry scraped, dry sanded. or heated. Dust also forms when painted surfaces bump or rub together. Lead chips and dust can get on surfaces and objects that people touch. Settled lead dust can re-enter the air when people vac- uum, sweep, or walk through it. Lead in soilc an be a hazard when children play in bare soil or when people bring soil into the house on their shoes. Call your state agency (see page 11) to find out about test- ing soil for lead. lead from paint chips, which you can see, and lead dust, which you can't always see, can both be serious hazards. DDD DDD D 5 " '-' '-' Checking Your Home for lead Hazards Just knowing that a home has lead- based paint may not tell you if there is a hazard. 6 You can get your home checked for lead haz- " ards in one of two ways, or both: . A paint inspection tells you the lead content of every different type of painted surface in your home. It won't tell you whether the paint is a hazard or how you . should deal with it. . A risk assessment tells you if there are any sources of serious lead exposure (such as peeling paint and lead dust). It also tells you what actions to take to address these hazards. Have qualified professionals do the work. There are standards in place for certifying lead-based paint professionals to ensure the work is done safely, reliably, and effectively. Contact your state lead poisoning prevention program for more information. Call 1-800- 424-LEAD for a list of contacts in your area. Trained professionals use a range of methods when checking your home, including: , .Visual inspection of paint condition and location. . A portable x-ray fluorescence (XRF) machine. . Lab tests of paint samples. . Surface dust tests. Home test kits for lead are available, but studies suggest that they are not always accurate. Consumers should not rely on these tests before doing renovations or to assure safety. '-" -..,.,I What You Can Do Now To Protect Your Family If you suspect that your house has lead hazards, you can take some immediate steps to reduce your family's ,risk: . If you rent, notify your landlord of peeling or chipping paint. . Clean up paint chips immediately. . Clean floors, window frames, window sills, and other surfaces weekly. Use a mop or sponge with warm water"and a general all-purpose cleaner or a cleaner made specifically for lead. REMEMBER: NEVER MIX AMMONIA AND BLEACH PRODUCTS TOGETHER SINCE THEY CAN FORM A DANGEROUS GAS. . Thoroughly rinse sponges and mop heads after cleaning dirty or dusty areas. . Wash children's hands often, especial. Iy before they eat and before nap time and bed time. . Keep play areas clean.W ash bottles, pacifiers. toys. and stuffed animals regularly. . Keep children from chewing window sills or other painted surfaces. . Clean or remove shoes before entering your home to avoid tracking in lead from soil. . Make sure children eat nutritious, low.fat meals high in iron and calcium, such as spinach and dairy products. Children with good diets absorb less lead. .. , , , ~...4' ,"..o.!'~..:.;;,,,"" 7 """ """'. How To Significantly Reduce Lead Hazards Removing lead imp~operly can Increase the hazard to your family by spreading even more lead dust around the house. Always use a professional who is trained to remove lead hazards safely. 8 In addition to day-to-day cleaning and good " nutrition: . You can temporarily reduce lead hazards by taking actions such as repairing dam- aged painted surfaces and planting grass to cover soil with high lead levels. These . actions (called "interim controls") are not permanent solutions and will need ongo- ing attention. . To permanently remove lead hazards, you must hire a certified lead "abate- ment" contractor. Abatement (or perma- nent hazard elimination) methods include removing. sealing, or enclosing lead-based paint with special materials. Just painting over the hazard with regular paint is not enough. Always hire a person with special training for correcting lead problems-someone who knows how to do this work safely and has the proper equipment to clean up thoroughly. Certified contractors will employ qualified workers and follow strict safety rules as set by their state or by the federal government. Call your state agency (see page 11) for help with locating certified contractors in your area and to see if financial assistance is available. """ ....., Remodeling or Renovating a Home With Lead-Based Paint Take precautions before your contractor or you begin remodeling or renovations that disturb painted surfaces (such as scraping off paint or tearing out walls): . Have the area tested for lead-based paint. . Do not use a belt-sander, propane torch, heat gun, dry scraper, or dry sandpaper to remove lead-based paint. These actions create large amounts of lead dust and fumes. Lead dust can remain in your home long after the work is done. . Temporarily move your family (espe- cially children and pregnant women) out of the apartment or house until the work is done and the area is prop- erly cleaned. If you can't move your family, at least completely seal off the work area. . Follow other safety measures to reduce lead hazards. You can find out about other safety measures by calling 1-BOO-424-LEAD. Ask for the brochure "Reducing Lead Hazards When Remodeling Your Home." This brochure explains what to do before, during, and after renovations. If you have already completed renova- tions or remodeling that could have released lead-based paint or dust. get your young children tested and follow the steps outlined on page 7 of this brochure. .. If not conducted properly, certain types of renova- tions can release lead from paint and dust into the air. 9 'w' ..., Other Sources of Lead ~ frfflill.........\-./. I ,\.. , \ J' While paint. dust, and soil are the most common lead hazards, other lead sources also exist. 10 . Drinking water. Your home might have plumbing with lead or lead solder. Call your local health department or water supplier to find out about testing your water. You cannot see, smell, or taste . lead. and boiling your water will not get rid of lead. If you think your plumbing might have lead in it: . Use only cold water for drinking and cooking. . Run water for 15 to 30 seconds before drinking it. especially if you have not used your water for a few hours. . The job. If you work with lead, you could bring it home on your hands or clothes. Shower and change clothes before coming home. Launder your work clothes separately from the rest of your family's clothes. . Old painted toys and furniture. . Food and liquids stored in lead crystal or lead-glazed pottery or porcelain. . Lead smelters or other industries that release lead into the air. . Hobbies that use lead. such as making pottery or stained glass. or refinishing furniture. . rolk remedies that contain lead. such as "greta" and "azarcon" used to treat an upset stomach. ... '- For More Information '-' The National Lead Information Center Call 1-800-424-LEAD to learn how to protect children from lead poisoning and for other information on lead hazards. (Internet: www.epa.gov/leadand www.hud.gov/lea). For the hearing impaired. call the Federal Information Relay Service at 1-800-877- 8339 and ask for the National Lead Information Center at 1-800-424-LEAD. EPA's Safe Drinking Water Hotline Call 1-800-426-4791 for information about lead in drinking water. Consumer Product Safety Commission Hotline To request information on lead in consumer products. or to report an unsafe consumer product or a prod- uct-related injury call 1-800-638- 2772. (Internet: www@cpsc.gov). For the hearing impaired. call TOO 1- 800-638-8270. --III ,.~_.:'l --- --_.- --~_. -....~. \'\<..~"~ --' @, c(\.,,,,~_. ~~.--_.---- State Health and Environmental Agencies Some cities and states have their own rules for lead-based paint activities. Check with your state agency to see if state or local laws apply to you. Most state agencies can also pro- vide information on finding a lead abatement firm in your area, and on possible sources of financial aid for reducing lead hazards. Receive up-to-date address and phone infor- mation for state and local contacts on the Internet at www.epa.gov/lead or contact the National Lead Information Center at 1-800-424-LEAD. 11 '" (:<1.-. , . '-" EPA Regional Offices 'WI' Your Regional EPA Office can provide further information regard- ... ing regulations and lead protection programs. EPA Regional Offices Region 1 (Connecticut Massachusetts. Maine. New Hampshire, Rhode Island, Vermont) Regional lead Contact U.S. EPA Region 1 Sutte 1100 (CPl) One Congress Street Boston, MA 02114-2023 1 (888) 372-7341 Region 2 (New Jersey, New York, Puelto Rico, Virgin Islands) Regional lead Contact U.S. EPA Region 2 2890 IMlodbridge Avenue Building 209, Mail Stop 225 Edison, NJ 08837-3679 (732) 321-6671 Region 3 (Delaware. Washington DC. Marytand. Pennsylvania, Virginia. West VirgInia) Regional lead Contact U.S. EPA Region 3 (3WC33) 1650 Arch Street Philadelphia. PA 19103 (215) 814-5000 Region 4 (Alabama. Florida, Georgia, Kentucky. Mississippi. North Carolina, South Carolina. Tennessee) Regional lead Contact U.S. EPA Region 4 61 Forsyth Street. SW Atlanta. GA 30303 (404) 562-8998 Region 5 (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisoansin) Regional lead Contact U.S. EPA Region 5 (DT-8J) 77 West Jackson Boolevard Chicago. Il 60604-3666 (312) 886-6003 12 Region 6 (Arkansas. louisiana, New Mexioa. Oklahoma, Texas) Regional lead Contact U.S. EPA Region 6 1445 Ross Avenue, 12th Floor Dailas. TX 75202-2733 (214) 665-7577 Region 7 (Iowa. Kansas, Missouri. Nebraska) Regionallea9 Contact U.s. EPA Region 7 ' (ARTD-RAU) 901 N. 5th Street Kansas City, K5 66101 (913) 551-7020 Region 8 (Colorado. Montana. North Dakota. South Dakota. Utah, Wyoming) Regional lead Contact U.S. EPA Region 8 999 18th Street Suite 500 Denver. CO 80202-2466 (303) 312-6021 Region 9 (Arizona, California. Hawaii, Nevada) Regional lead Contact U.S. Region 9 75 Hawthorne Street San Francisco. CA 94105 (415) 744-1124 Region 10 (Idaho. Oregon. Washington. Alaska) Regional lead Contact U.S. EPA Region 10 Taxies Section WCM-128 1200 Sixth Avenue Seattle. WA 98101-1128 (206) 553-1985 ........ '-'" CPSC Regional Offices Your Regional CPSC Office can provide further information regard- " ing regulations and consumer product safety. Eastern Regional Center 6 World Trade Center Vesey Street. Room 350 New York. NY 10048 (212) 466-1612 Central Regional Center 230 South Dearborn Street Room 2944 Chicago. IL 60604-1601 (312) 353-8260 \Mostern Regional Center 600 Harrison Street, Room 245 San Francisco, CA 94107 (415) 744-2966 HUD Lead Office Please contact HUO's Office of Lead Hazard Control for informa- tion on lead regulations, outreach efforts, and lead hazard control and research grant programs. u.S. Department of Housing and Urban Development Office of Lead Hazard Control . 451 Seventh Street. SW, P.3206 Washington, DC 20410 (202) 755-1785 13 '-' -....I '-' ~ Sample Disclosure Format for Target Housing Sales Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards Lead Warning Statement Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including leaming disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant WOmen. The seller of any interest in_residential real property is required to provide the buyer with any information on lead-based paint hazards t'i't5m risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended priOr to purchase. Seller's Disclosure (initial) (a) Presence of lead-based paint and/or lead-based paint hazards (check one below): o Known lead-based paint and/or lead-based paint hazards are present in the housing (explain). o Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. (b) o Records and reports available to the seller (check one below): Seller has provided the punbaser with all available records ancteports pertaining to lead-based paint and/or lead-based paint hazards in the hosing (list documents below). o Seller has no reports or rlE(lrds pertaining to lead~based painland/or lead-based paint hazards in the housing. Purchaser's Acknowledgment (initial) (c) Purchaser has received copies of all information listed above. (d) Purchaser has received the pamphletProtect Your Fami/y from Lead in Your Home. (e) Purchaser has (check one below): o Received a 1O-day opportunity (or mutually agreed upon period) to conduct a risk assessmentro inspection for the presence of lead-based paint and/or lead-based paint hazards; or o Waived the opportunity to conduct a ri$k assessment or inspectioiDr the presence of lead-based paint and/or lead-based paint hazards. Agent's Acknowledgment (initial) _ (f) Agent has informed the seller of the seller's obligations under 42 IS.C. 4852(d) and is aware of hislher responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify. to the best of their knowledge. thatElh information prOlided by the signatory is true and accurate. SeUer Date Seller Date gent Date Agent Date Purchaser Date Purchaser Date 41j/ICI-I/TIe-,VT 2 p, - - I J~ ......., -...I Sample Disclosure Format for Target Housing Rentals and Leases Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards Lead Warning Statement Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not taken care of properly. Lead exposure is especiallx:pannful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling. Tenants must also receive a Federally approved pamphlet on lead poisoning prevention. Lessor's Disclosure (initial) _ (a) Presence of lead-based paint or lead-based paint hazards (check one below): o Known lead-based paint and/or lead-based paint hazards are present in the hou$ (explain). o Lessor has no knowledge.of lead-based paint and/or lead-based paint hazards inlh housing. _(b) o Records and reports available to the lessor (check one below): Lessor has provided the IessPe with all aailable records and reports pertaining to lead- based paint and/or lead-based paint hazards in the housing (list documents below). o Lessor has no reports or records pertaining to lead-based paint and/or lead-base paint hazards in the housing. Lessee's Acknowledgment (initial) (c) Lessee has received copies of all information listed above. (d) Lessee has received the pamphletProtect YourFami/yfrom Lead in Your Home. Agenfs Acknowledgment (initial) (e) Agent has irfonned the Iessor.of the lessor's obligations under 42 U.S.C. 4852(d) and is aware of hislher responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, title best of their knowledge, that the information provided by the signatory is true and accurate. A1t~~ 2. p";Jl~L Federal Register/Vol. 64."""". 178/Wednesday. September IS. 199V'les and Regulations 50231 e Appendix B-Sample Summary Risk Assessment Notice F annat Note: This following appendix will not appear In the Code of Federal Regulations Swnmary Notice of Lead-Based Paint Risk Assessment Addressilocation of property or structure(s) this summary notice applies to: ~ paint risk assessment desa1ption: Date(s) of risk assessment: Summary of risk assessment results (check all that apply): (al _ No leed-based paint hazards were found. (b) _ Lead-based paint hazards were found. (c) _ A brief sumnwy of the findings of the risk ossessment Is provided below (required If any lead-based palnt hazards were found). Summary of types and JocationS of lead- . a. besed paint hazards. Us! at least the housing _ unit numbers and common aieas (for multifamily housing). bare soil \ocattons. dust-lead loc:atlons. and/or bu\ldIng components (including type of room or space. and the matet1al underneath the patnt). and types of lead-based paint hazards found: Contact petson for more lnfannat10n about the risk assessment: Printed name: Organtzatlon: Street and city: State: _ ZIP: _ Phone number. L.J Person who prepared this sumnwy notice: Printed name: e Signature: Date: Organization: Street and city: State: _ ZIP: _ Phone number: L...J Appendix C-Sample Summary Presumption Notice Fonnat Note: The following appendix will not appear In the Code of Federal Regulations Notice That Lead.Based Paint or Lead-Based Paint Hazards Are Presumed to be Present AddresslJocation of property or structure(s) this notice of presumption applies to: Type of presumption (check all that apply): (a) _ Lead.based paint Is presumed to be present. (b) _ Lead-based paint hazard(s) Is(are) presumed to be present. Summary of presumption. Us! at least the housing unit numbers and common areas (for multifamily houstng). bare soll1ocatlons. dust.lead locations. and/or building components (including type of room or space. and the material underneath the paint). and types oflead-based paint hazards presumed to be present: Contact petson for more information about the presumption: Printed name: Organ_n: Street and dty: State: _ ZIP: _ Phone number. L.J Person who prepared this notice of presumption: Printed name: Signature: Date: Urganization: A1TAC~e..Jr ~ Street and city: State: _ ZIP: _ Phone number: L-J Appendix D-Sample Hazard Reduction Completion Notice Format Note: The following appendix will not appear in the Code of Federal Regulations. Summary Notice of Completion of Lead- Based Paint Hazard Reduction Activity Addressilocatioifef property or structure(s) this summary notice applies to: Summary of the hazard reduction activity: Stan and completion date(s): Activity locations and types. Ust at least the housing unit numbers and common areas (for multifamlly housing). bare soli locations. dust-lead locations. and/or building componerus (including type of room or space. and the material underneath the paint). and types of hazard reduction activities performed at the locations listed: Date(s) of clearance testing and/or soil analyses: _ Locations of building components with lead. based paint remaining In the rooms. spaces or areas where ai:tlvltles were conducted: Swnmary of results of clearance testing and soli analyses: (a) _ No clearance testing was perfonned. (b) _ Clearance testing showed clearance was achieved. (e) _ Clearance testing showed clearance was not achteYed. Contact person for more Information about the hazard reduction: PrInted name: OrganIzatIon: Street and dty: State: _ ZIP: Phone number. L..J Person who prepared this summary notice: PrInted name: Signature: Date: Organl2atlon: Street and city: State: _ ZIP: Phone number. L.J (FR Doc. 99-23016 Filed 9-14-99: 8:45 am) BILLING CODE 421o-32-P '-' '-tI ATTACHMENT NO.4 LBP INFORMATION SUMMARY 1. ZERO/O BEDROOM < (LESS THAN) 100 DAYS IN UNIT; ASSISTANCE IN HOMELESS SHELTER . STATUS: EXEMPT TITLE X 2. ZERO/O BEDROOM> (MORE THAN) 100 DAYS IN UNIT . STATUS: OPEN ISSUE UNDER LBP REGS ZERO/O BEDROOM> (MORE THAN) 100 DAYS ASSISTANCE IN HOMELESS SHELTER . STATUS: OPEN ISSUE UNDER LBP REGS . SEE SUBPART K . CLEARANCE OF UNIT(S) WILL BE REQUIRED BY CITY FOR ALL HOUSING UNITS (EVEN ZERO BEDROOM) FOR WHICH OCCUPANCY OCCURS BY . ASSISTED HOUSEHOLD FOR MORE THAN 100 DAYS, PENDING FURTHER INTERPRETATION/GUIDANCE FROM HUD 3. ONE OR MORE (1+) BEDROOMS OCCUPANCY < 100 DAYS IN RESIDENTIAL UNIT AND/OR OCCUPANCY IN HOMELESS SHELTER . EXEMPT TITLE X 4. 1+ BEDROOMS> 100 DAYS IN RESIDENTIAL UNIT . STATUS: SAME AS #2 ABOVE; CLEARANCE REQUIRED . SEE SUBPART K 5. EMERGENCY RENTAL ASSISTANCE < 100 DAYS . EXEMPT TITLE X 6. EMERGENCY RENTAL ASSISTANCE> TO HOUSEHOLD TO BE OCCUPANCY IN RESIDENTIAL UNIT FOR MORE THAN 100 DAYS (SUCH AS LONG TERM LEASE SIGNED AT TIME OF EMERGENCY ASSISTANCE) Attachment No.4 LBP Information Summary Page 1 of2 7/11101LS ....... '....I . CLEARANCE BEFORE ANY MONEY DISBURSED; LBP COMPLIANCE: NOTIFICATION, EVALUATION, REDUCTION THROUGH CLEARANCE REQUIRED BEFORE OCCUPANCY OF UNIT . MAY BE CONSIDERED TENANT BASED RENTAL ASSISTANCE (TBRA); THUS HQS INSPECTION AND SUBPART M MAY APPLY . SEE SUBPARTS K AND M . PENDING HUD GUIDANCE 7. TBRA < 100 DAYS . EXEMPT TITLE X 8. TBRA> 100 DAYS OF HOME ASSISTANCE (SUCH AS WHEN TENANT ENTERS INTO LONG TERM LEASE . SEE SUBPART M . CLEARANCE BEFORE ANY MONEY DISBURSED; LBP COMPLIANCE: NOTIFICATION, EVALUATION, REDUCTION THROUGH CLEARANCE REQUIRED BEFORE OCCUPANCY OF UNIT . HQS INSPECTION REQUIRED BEFORE OCCUPANCY . CLEARANCE BEFORE ANY MONEY DISBURSED 9. TBRA < 100 DAYS - TENANT ENTERS INTO LONG TERM LEASE, CITY GIVES LESS THAN 100 DAYS OF ASSISTANCE. . EXEMPT TITLE X [See HUD Interpretative Guidance: Online: Questions M4, K7, K4, for discussion] Attachment No.4 LBP Information Summary Page 2 of2 7/11101LS "- 'wi ArrACltlNtSNT S .. "T1 0 .., 3 0- .., -l CJ 0 0- :::J ~ lQ C .... Gl :IE 0 !l :::J" 3 :::J (D lQ :::J .... C Z :::J ;::;: ? III Ul DI :::J C. :I: 0 C III (D :::J" 0 c:: III '-' ~ 'w' 'wi Are You Planning To Buy, Rent, or Renovate a Home Built Before 1978? Many houses and apartments built before 1978 have paint that contains lead (called lead-based paint). Lead from paint. chips. and ,dust can pose serious health hazards if not taken care of properly. Federal law requires that individuals receive certain information before renting. buying. or renovating pre-1978 housing: ..,~) ,'-,&1. ,: .it((; 1 '<".~ ft,' "", llfJ LANDLORDS have to disclose known infor- mation on lead-based paint and lead-based paint hazards before leases take effect. Leases must include a disclosure form about lead-based paint. SELLERS have to disclose known informa- tion on lead-based paint and lead-based paint hazards before selling a house. Sales contracts must include a disclosure form about lead-based paint. Buyers have up to 1 0 days to check for lead hazards. RENOVATORS have to give you this pamphlet before starting work. (After June 1.1999.) IF YOU WANT MORE INFORMATION on these requirements. call the National Lead Information Clearinghouse at '-800-424-LEAD. This document is in the public domain. It may be reproduced by an individual or organization without permission. Information provided in this booklet is based upon current scientifIC and techni::al understanding of the issues presented and is reftective of the jurisdictional boundaries established by the statutes governing the co-authoring agencies. following the advice given will not necessarily pro- vide complete protection in ail s~uations or against ail health hazards that can be caused by lead exposure. .. '-' -.....I IMPORTANT! '" Lead From Paint, Dust, and Soil Can Be Dangerous If Not Managed Properly FACT: Lead exposure can harm young children and babies even before they are born. FACT: Even children who seem healthy can have high levels of lead in their bodies. FACT: People can get lead in their bodies by breathing or swallowing lead dust, or by eating soil or paint chips containing lead. FACT: People have many options for reducing lead hazards. In most cases, lead-based paint that is in good condition is not a hazard. FACT: Removing lead-based paint improperly can increase the danger to your family. If you think your home might have lead hazards, read this pamphlet to learn some simple steps to protect your family. 1 '-" """" lead Gets in the Body in Many Ways In the United States, about 900,000 children ages 1 to 5 have a blood-lead level above the level of concern. Even children who appear healthy can have danger- ous levels of lead ;n the;r bodies. People can get lead in their body if they: .,. . Put their hands or other objects covered with lead dust in their mouths. . Eat paint chips or soil that contains lead. . Breathe in lead dust (especially during renovations that disturb painted surfaces). Lead is even more dangerous to children than adults because: . Babies and young children often put their hands and other objects in their mouths. These objects can have lead dust on them. . Children's growing bodies absorb more lead. . Children's brains and nervous systems are more sensitive to the damaging effects of lead. 2 ......, lead's Effects If not detected early, children with high levels of lead in their bodies can suffer from: . Damage to the brain and nervous system . Behavior and learning problems (such as hyperactivity) . Slowed growth . Hearing problems . Headaches lead is also harmful to adults. Adults can suffer from: . Difficulties during pregnancy . Other reproductive problems (in both men and women) . High blood pressure . Digestive problems . Nerve disorders . Memory and concentration problems . Muscle and joint pain '-" '" ElGIn ar Ncf'4'C: u;urcg= Ao,)Ioduolile p~Iot". (hlu,",l Lead affects the body in many ways. 3 ......' ...., Where Lead-Based Paint Is Found In general, the older your home, the more likely it has lead- based paint. Many homes built before 1978 have lead- " based paint. The federal government banned lead-based paint from housing in 1978. Some states stopped its use even earlier. Lead can be found: . In homes in the city, country, or suburbs. . In apartments, single-family homes. and both private and public housing. . Inside and outside of the house. . In soil around a home. (Soil can pick up lead from exterior paint or other sources such as past use of leaded gas in cars.) Checking Your Family for Lead Get your children and home tested if you think your home has high lev- els of lead. 4 To reduce your child's exposure to lead, get your child checked, have your home tested (especially if your home has paint in poor condition and was built before 1978), and fix any hazards you may have. Children's blood lead levels tend to increase rapidly from 6 to 12 months of age. and tend to peak at 18 to 24 months of age. Consult your doctor for advice on testing your children. A simple blood test can detect high levels of lead. Blood tests are usually recommended for: . Children at ages 1 and 2. . Children or other family members who have been exposed to high levels of lead. . Children who should be tested under your state or local health screening plan. Your doctor can explain what the test results mean and if more testing will be needed. '-' 'wi Where Lead Is Likely To Be a Hazard lead-based paint that is in good condition is usually not a hazard. Peeling, chipping, chalking, or cracking lead-based paint is a hazard and needs immediate attention. Lead-based paint may also be a hazard when found on surfaces that children can chew or that get a lot of wear-and-tear. These areas include: . Windows and window sills. . Doors and door frames. . Stairs. railings. and banisters. . Porches and fences. lead dust can form when lead-based paint is dry scraped: dry sanded. or heated. Dust also forms when painted surfaces bump or rub together. lead chips and dust can get on surfaces and objects that people touch. Settled lead dust can re-enter the air when people vac- uum. sweep. or walk through it. lead in soilc an be a hazard when children play in bare soil or when people bring soil into the house on their shoes. Call your state agency (see page 11) to find out about test- ing soil for lead. lead from paint chips, which you can see, and lead dust, which you can't always see, can both be serious hazards. 5 '" """ ....., Checking Your Home for Lead Hazards Just knowing that a home has lead- based paint may not tell you if there is a hazard. 6 You can get your home checked for lead haz-.... ards in one of two ways, or both: . A paint inspection tells you the lead content of every different type of painted surface in your home. It won't tell you whether the paint is a hazard or how you should deal with it. . A risk assessment tells you if there are any sources of serious lead exposure (such as peeling paint and lead dust). It also tells you what actions to take to address these hazards. Have qualified professionals do the work. There are standards in place for certifying lead-based paint professionals to ensure the work is done safely, reliably, and effectively. Contact your state lead poisoning prevention program for more information. Call 1-800- 424-LEAD for a list of contacts in your area. Trained professionals use a range of methods when checking your home, including: . Visual inspection of paint condition and location. . A ponable x-ray fluorescence (XRF) machine. . Lab tests of paint samples. . Surface dust tests. Home test kits for lead are available, but studies suggest that they are not always accurate. Consumers should not rely on these tests before doing renovations or to assure safety. ~ '-" What You Can Do Now To Protect Your Family If you suspect that your house has lead hazards, you can take some immediate steps to reduce your family's risk: . If you rent, notify your landlord of peeling or chipping paint. . Clean up paint chips immediately. . Clean floors, window frames, window sills, and other surfaces weekly. Use a mop or sponge with warm water and a general all-purpose cleaner or a cleaner made specifically for lead. REMEMBER: NEVER MIX AMMONIA AND BLEACH PRODUCTS TOGETHER SINCE THEY CAN FORM A DANGEROUS GAS. . Thoroughly rinse sponges and mop heads after cleaning dirty or dusty areas. . Wash children's hands often, especial- ly before they eat and before nap time and bed time. . Keep play areas clean. Wash bottles. pacifiers, toys, and stuffed animals regularly. . Keep children from chewing window sills or other painted surfaces. . Clean or remove shoes before entering your home to avoid tracking in lead from soil. . Make sure children eat nutritious, low-fat meals high in iron and calcium, such as spinach and dairy products. Children with good diets absorb less lead. '" ~".";,>;>.....:,;,",, 7 "'" 'wi How To Significantly Reduce Lead Hazards Removing lead improperly can increase the hazard to your family by spreading even more lead dust around the house. Always use a professional who is trained to remove lead hazards safely. .~ j w "'; . / '!';'~~ 8 In addition to day-to-day cleaning and good '" nutrition: . You can temporarily reduce lead hazards by taking actions such as repairing dam- aged painted surfaces and planting grass to cover soil with high lead levels. These actions (called "interim controls") are not permanent solutions and will need ongo- ing attention. . To permanently remove lead hazards. you must hire a certified lead "abate- ment" contractor. Abatement (or perma- nent hazard elimination) methods include removing. sealing, or enclosing lead-based paint with special materials. Just painting over the hazard with regular paint is not enough. Always hire a person with special training for correcting lead problems-someone who knows how to do this work safely and has the proper equipment to clean up thoroughly. Certified contractors will employ qualified workers and follow strict safety rules as set by their state or by the federal government. Call your state agency (see page 11) for help with locating certified contractors in your area and to see if financial assistance is available. '-" 'WI Remodeling or Renovating a Home With Lead-Based Paint Take precautions before your contractor or you begin remodeling or renovations that disturb painted surfaces (such as scraping off paint or tearing out walls): . Have the area tested for lead-based paint. . Do not use a belt-sander, propane torch, heat gun, dry scraper, or dry sandpaper to remove lead-based paint. These actions create large amounts of lead dust and fumes. Lead dust can remain in your home long after the work is done. . Temporarily move your family (espe- cially children and pregnant women) out of the apartment or house until the work is done and the area is prop- erly cleaned. If you can't move your family, at least completely seal off the work area. . Follow other safety measures to reduce lead hazards. You can find out about other safety measures by calling 1-800-424-LEAD. Ask for the brochure "Reducing Lead Hazards When Remodeling Your Home." This brochure explains what to do before,. during, and after renovations. If you have already completed renova- tions or remodeling that could have released lead-based paint or dust, get your young children tested and follow the steps outlined on page 7 of this brochure. " If not conducted properly, certain types of renova- tions can release lead from paint and dust into the air. 9 '"'" 'wi Other Sources of Lead ~m~_1 it" ~ While paint, dust, and soil are the most common lead hazards, other lead sources also exist. 10 . Drinking water. Your home might have plumbing with lead or lead solder. Call your local health department or water supplier to find out about testing your water. You cannot see, smell, or taste lead, and boiling your water will not get rid of lead. If you think your plumbing might have lead in it: . Use only cold water for drinking and cooking. . Run water for 15 to 30 seconds before drinking it, especially if you have not used your water for a few hours. . The job. If you work with lead, you could bring it home on your hands or clothes. Shower and change clothes before coming home. Launder your work clothes separately from the rest of your family's clothes. . Old painted toys and furniture. . Food and liquids stored in lead crystal or lead-glazed pottery or porcelain. . Lead smelters or other industries that release lead into the air. . Hobbies that use lead, such as making pottery or stained glass, or refinishing furniture. . Iblk remedies that contain lead. such as "greta" and "azarcon" used to treat an upset stomach. " '-'" For More Information ....., .. The National lead Information Center Call 1-800-424-lEAD to learn how to protect children from lead poisoning <lnd for other information on lead hazards. (Internet: www.epa.govllead and www.hud.govllea). For the hearing impaired, call the Federal I nformation Relay Service at 1-800-877- 8339 and ask for the National Lead Information Center at 1-800-424-lEAD. EPA's Safe Drinking Water Hotline Call 1-800-426-4791 for information about lead in drinking water. Consumer Product Safety Commission Hotline To request information on lead in consumer products, or to report an unsafe consumer product or a prod- uct-related injury call 1-800-638- 2772. (Internet: www@cpsc.gov). For the hearing impaired, call TOO 1- 800-638-8270. ,- ._. III _..-~ ---- c-..- ..-... f~:--- ~~~\\\~~~--,. State Health and Environmental Agencies Some cities and states have their own rules for lead-based paint activities. Check with your state agency to see if state or local laws apply to you. Most state agencies can also pro- vide information on finding a lead abatement firm in your area, and on possible sources of financial aid for reducing lead hazards. Receive up-to-date address and phone infor- mation for state and local contacts on the Internet at www.epa.govllead or contact the National Lead Information Center at 1-800-424-lEAD. 11 "'" EPA Regional Offices '-' Your Regional EPA Office can provide further information regard- ... ing regulations and lead protection programs. EPA Regional Offices Region 1 (Connecticut Massachusetts, Maine, New Hampshire, Rhode Island, Vermont) Regional Lead Contact U.S. EPA Region 1 Su~e 11 00 (CP1) One Congress Street Boston. MA 02114-2023 1 (888) 372- 7341 Region 2 (New Jersey. New York, Puerto Rico, Wgin Islands) Regional Lead Contact U.S. EPA Region 2 2890 Wlodbridge Avenue Building 209. Mail Stop 225 Edison, NJ 08837-3679 (732) 321-6671 Region 3 (Delaware. Washington DC, Maryland. Pennsylvania. Virginia, West Virginia) Regional Lead Contact U.S. EPA Region 3 (3WC33) 1650 Arch Street Philadelphia. PA 19103 (215) 814-5000 Region 4 (Alabama. Florida. Georgia. Kentucky. Mississippi, North Carolina, South Carolina, Tennessee) Regional Lead Contact U.S. EPA Region 4 61 Forsyth Street SW Atlanta, GA 30303 (404) 562-8998 Region 5 (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin) Regional Lead Contact U.S, EPA Region 5 (DT-8J) 77 West Jackson Boulevard Chicago. IL 60604-3666 (312) 886-6003 12 Regiol\ 6 (Arkansas, Louisiana, New Mexico. Oklahoma, Texas) Regional Lead Contact U.S. EPA Region 6 1445 Ross Avenue, 12th Floor Dallas. TX 75202-2733 (214) 665-7577 Region 7 (Iowa, Kansas, Missouri. Nebraska) Regional Lead Contact U.S. EPA Region 7 (ARiD-RAU) 901 N. 5th Street Kansas City. KS 66101 (913) 551-7020 Region 8 (Colorado, Montana. North Dakota. South Dakota. Utah. Wyoming) Regional Lead Contact U ,5. EPA Region 8 999 18th Street Su~e 500 Denver. CO 80202-2466 (303) 312-6021 Region 9 (Arizona, California, Hawaii. Nevada) Regionai Lead Contact U.S. Region 9 75 Hawthorne Street San Francisco. CA 94105 (415) 744-1124 Region 10 (Idaho, Oregon. Washington. Alaska) Regional Lead Contact U.S. EPA Region 10 Toxics Section WCM-128 1200 Sixth Avenue Seattle. WA 98101-1128 (206) 553- 1 985 '-' -...J CPSC Regional Offices Your Regional CPSC Office can provide further information regard- ... ing regu lations and consumer product safety. Eastern Regional Center 6 World Trade Center vesey Street, Room 350 New York, NY 10048 (212) 466-1612 VWstern Regional Center 600 Harrison Street, Room 245 San Francisco, CA 94107 (415) 744-2966 Central Regional Center 230 South Dearborn Street Room 2944 Chlcago.lL 60604-1601 (312) 353-8260 HUD Lead Office Please contact HUD's Office of Lead Hazard Control for informa- tion on lead regulations, outreach efforts, and lead hazard control and research grant programs, U.S. Department of Housing and Urban Development Office of Lead Hazard Control 451 Seventh Street, SW. P-3206 Washington. DC 20410 (202) 755-1785 13 ........ '.,.I Noack & Dean / InterWest 401 Watt Avenue Sacramento, CA 95864 ~~ >'f, '"""fc CE~TIFI~.6.C()~. L1ABILlT~HI~~2~1~~~ED A5l[~~ER OF I~;;~~~~I ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. . COMPANIES-AFFORDiNG .COVERAGE /)- AGOR i-" '----- PRODUCER .;;. I _~omfany Company B - - ------.-..- Company C Company _L_~_ State Compensation Insurance Fund -- -1 INSURED , i I Employers Resource 160 Chesterfield Drive Cardiff by the Sea, CA 92007 , COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA TED, NOTWITHSTANDING ANY REQUIREMENTS, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHlCH IHlS CERTlFICA IE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HA VB BEEN REDUCED BY PAID CLAIMS. I -- T---" ..-----~.- fiCLOT TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE IMMlDDIYY) DATE (MMlDDIVY) GENERAL LIABILITY : i I COMMERCIAL GENERAL LIABILITY r I _J CLAIMS MADE ~ OCCUR I. tNER'S&CO-;CT:'SPROT i AUTOMOBILE LIABILITY i .~ ANY AUTO I ALL AUTO --- I SCHEDULED AUTOS , I HIRED AUTOS i. NON-OWNED AUTOS --I UMlTS , I I .~ I i GENERAL AGGREGATE , $ , . ::~~;::~~::;~~::G__~{_= .J EACH OCCURANCE -- -+-i- - ! ::~=f~~ :Yp:;o:71.r~--~~ -~ CO~~~~~_~~~~LE ~I~~~---'l.-$ I .___1 BODILY INJURY I ! (Per person) I' · i BODILY INJURY I__~_~r_~~~dent) I $ i PROPERTY DAMAGE $ I 1---- AUTO ONLY. EA ACCIDENT . ANY AUTO i I I OTHER THAN AUTO ONLY: GARAGE LIABILITY i , i IExCESS LIABILITY ~----, I UMBRELLA FORM I-~ i i OTHER THAN UMBRELLA FORM 1 W~RKERSCOM;'ENSA;'ION AND EMPLOYERS' LIABILITY i I f-- I ! 1604493-01 , [ i -1 ---4 AGGREGATE $ I r- ---. EACH OCCURANCE ' $ I 1 i AGGREG^,:"- - J · - --~-=::-j - --- il~o~l ro~f_~ --=---1 11/11/2001 -11/1112002 ELEACHACCIO",,~ _ __1_$_1.000.000._ _ I l I_.:_:~~S~SE.~?~I~YL_I~IT I $1.:.~~,000 --j I EL DISEASE. EA EMPlOYEE $1.000,000 I .,.--+-- I --- I i l , EACH ACCIDENT . A THE PROPRIETOR! i INCL PARTNERSIEXECUTIVE OFFICERS ARE: [J_~CL OTHER i _____ : DESCRIPTION OF OPERATIONSIVEHICL.ESlSPECIAL. ITEMS I CLIENT: CHRISTMAS IN APRIL License No.: NIA i ONL v EMPLOYEES OF EMPLOYERS RESOURCE AS LONG AS THEY ARE PERFORMING WORK WITHIN THE NATURE AND SCOPE OF THEIR EMPLOYMENT ARE INSURED UNDER EVIDENCE OF COVERAGE PROVIDED. ___._._L __ i IACORO 25-8 (1/95) City of Santa Ana Altn: Community Development Agency P. O. Box 1988 APPROVED AS TO FORM Santa Ana, CA 92702-1988 _~1ur~~+ Laura Sheedy Deputy City Attorney CANCELLATION -10 d.ys for non-payment ofprtmium I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30' DAYS , WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAME TO THE LEFT, - f- iCERTIFICATE HOLDER I I AUTHORIZED REPRESENTATIVE I William O'Keefe , ACORD CORPORATION 1988 ~~ .,.- . EMPLOYER RESOURCE 'wi A Professional Employer Organization 10/29/01 City of Santa Ana P. O. Box 1988 Santa Ana, CA 92702-1988 Phone: Fax: (714) 647-6549 Attention: Community Development Agency Subject: Workers Compensation Certificate Enclosed, please find your Renewed Workers Compensation Insurance Certificates for the periodof11/11101-11/11/02. If you have any questions, please do not hesitate to contact me at (888) 559-2350 Ex!. 123. Sincerely, Haiau Tran Customer Services Representative Employers Resource 160 Chesterfield Drive, Cardiff by the Sea, CA 92007 Phone (760) 943.2350 Fax (760) 943-2343 . ....~." '-~'l1'j1".'''' ';:' .,~"..,-,. ". "....., DATE LfoI4I/OO/Hl ACO'Rll- "'~_' ,. ..., .",.'" ". ""R"..!' ~- ~C r:UUJJ,;lfi " .,',' ". . .:" . : . N: . " ", "'I - ,..(,/,~:'........;..". 08116/01 . ".' "' ,... .' 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O'AAge ~o~n~y PO BOk SlOee. Irvine CA 92619 USA INSURER INSURER n.SURER IN'U"~'" Ad4~~cnal Ins~r,d tn4Drl.~.nt For C~re1al Geft.,~ ~~~~1~~ fa!~cy lns~r~ce CompAn~ ConClnunt.l In~urlnc. c~any Th~s 8nao~sem~n~ moa~t~~~ ~uen In'~'&nce as 11 AffQrd~Q cy tnc ~rov18~On$ ot pollet' GLl 71636924 l:iliU;~.(l.~ toO ~n, iO.l.J.o\llng! 1. Tne C1~) or Sanea Ana, 20 CLV1C Center Pl.l~. S.A~. ~a, Cal~io€n~~ 92701: lt~ OlrlC.~I~ emp.1.o11i:~:t. callco.'ts. vollolfttc..?ta tlnQ ~'p..$.n't.a.'tJ.~S Are nallltlo .. IiQd:p;:Qnal .l.nsl.I:J:ea.:. l"aCIt2Lt::1.0na.J. :c.n.$I-4;.d$" J wlth tegatd to ..&b\~~~Y .na a_tens. of ~ult' a~~..n9 tfom ~n. o~r6~.l.On~ ARQ u~~, p.,fo~~~ cy or on benlf of ~he n~a Ln~ur~d. 2. w~~n re~pecL LC c14im~ ar1'~Aq O~~ of ~h. opwr4tionS and ~ses petfo&meG by or on ~ebal! or tAe named. lIUlu..I."ed. ..!.Oct. .nlL1".nce .s ~.1I Clofforclf:Q I>;r tl'\;l,1 pol.1.C'::( +s pr1mi1r:r Gnd .l,s tlo'[ .3;CUI~t..1.Qp...l 1;0 or con~"~D~~~^q W1~n an1 oLh.r ~n~~r~Jce CA~t~.d bY o~ tor ~n~ D~n~tlt ot tftt .Q01tl0n~1 1nSL1r~a~. 3. Th.1.S Lnll1.t&l)Ce appl1.... sap4ratel)' ~Q ...en +M~r.tt _g&.lnal; wnom c:1Alm ..., Iflt,a. or 5illt. 1.1 prC\19'II~ ~UDJeC~ LO cne comp.ny'~ l1m1.t.S of 1~Gb.l.1LLf. ICampleL~on of LhQ fol1oY.lng, .lncl~a.lnQ COunte~S.lgnaL~re. 15 requ.lrea LO maKe LnlS 6n~orsemen~ IiffeC:l:~ve. J Errt-ct.J.voc: Al.lgloL.1Il: 16, 2DOl, LD1S ..ndOl'awmalt term a~.i {)"'r't or Pol.J.c}' , Gi,.l 7"1EiJ6~2.,,4. _ _ ......... _ . ZS...d to __._~,.-.., f__ I')A'>.JJI .' PIl"",eQ In:liiJ,rElD. OO"nmHgnoo oy ~ f{)jJ!Ib ' ( Au.t die' RepJ:e~fnt'atlVE: emillnll; N. : 570000565613.0 AP~~BM - CRISTINE LEE SHAW O~OlJty City Attorney