HomeMy WebLinkAboutCHRITMAS IN APRIL 1-2001
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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
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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:
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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.
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(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
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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
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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.
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(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.
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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
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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
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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-
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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.
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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
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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
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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
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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:
~..
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PATRICIA E. HEALY
Clerk ofthe Council
tJr'U - ~L
( JOSEPH W. FLETCHER
City Attorney
SUBRECIPIENT:
DATE:
n_/-> /0 (
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~~
Nam. (!.. 't' ~ +.u;..J
Title: p R..e:t 1ge----~
Tax ill: 33-0587571
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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
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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
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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
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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. ':
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1
,
,
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'___"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
'-'
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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
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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:
..,~)
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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
'-"
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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.
'"
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7
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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.
.~
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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
'"'"
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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
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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
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I~l.Ae CA 926~~ uSA ~)U~1l C Com:.;Lntlntll Inauranc:e Comp.ny
INSUl!ItD
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CONlllllONSOfSUCHPOLIrIE5 AOOllfOATt: LIMITSSHOWN MAY IIAvE 8El'NItWUCfD BY VAJI) CLAIMS
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Santi! ....n,a CA 92102 USA
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AUI-16-DI 04:21pm
Fr..-AON RISK SERYICES
+2D211710&7
T-&44 P,D2/D3 F-ID.
f"~.f'i#.,..N....
AS~\
Ch
CRIST NE LEE SHAW
Dc;>uty City Attorney'
.t ~
AUI-IS-Dl D4:21po Fr..-AON RISK SERVICES +2021571057 I-S44 P.D3/03 F-ID4
AItlICbmtol lOACOKPl:er1ifitatctilrchri.<ma. in lIpul - Orang.. COL '
.' 11'= tIlnns. condilio.. and provisions Dl\.. ..,>cI.,..... hcrd>y """"hcd II> the <llpQon.d cottlJlclto<. oddlliona. dtscri"""n of Ill<
cow... dfOlde<l b)' 'h.I....-er(s) This JIlI&lI'''''11 <laos '"'' contain all ,en".. condi,ion., """'-- or ....I...ions OOllloiDl:I\ in ,hc
poiie)'.
-
INSUltEl<
Cht~$~' 1A Ap~~1 . 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. _ _ ......... _ .
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PIl"",eQ In:liiJ,rElD.
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( Au.t die' RepJ:e~fnt'atlVE:
emillnll; N. :
570000565613.0
AP~~BM
- CRISTINE LEE SHAW
O~OlJty City Attorney