HomeMy WebLinkAbout2005 CON Environmental Health Coalition - Healthy Homes Inspections HUD GrantAGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
ENVIRONMENTAL HEALTH CORPORATION
THIS AGREEMENT is entered into this 15th day of November, 2005, by
and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and
the Environmental Health Coalition, a non-profit corporation (the "CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to provide
outreach for healthy homes inspections.
WHEREAS, the CITY has determined that the CONTRACTOR is a
non-profit corporation and is qualified by experience and ability to perform the services
desired by the CITY, and the CONTRACTOR is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the
services hereinafter set forth in accordance with all terms and conditions contained
herein.
The CONTRACTOR represents that, all services required hereunder will
be performed directly by the CONTRACTOR or under direct supervision of the
CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services
as set forth in the attached Exhibit "A".
The CONTRACTOR shall be responsible for all research and reviews
related to the work and shall not rely on personnel of the CITY for such services, except
as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings
cited in Exhibit "A" to keep staff and City Council advised of the progress on the project.
The CITY may unilaterally, or upon request from the CONTRACTOR, from time
to time reduce or increase the Scope of Services to be performed by the
CONTRACTOR under this Agreement. Upon doing so, the CITY and the
CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction or increase in the compensation associated with said change
in services, not to exceed a factor of 0% from the base amount.
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3. PROJECT COORDINATION AND SUPERVISION.
Kathleen Trees hereby is designated as the Project Coordinator for the
CITY and will monitor the progress and execution of this Agreement. The
CONTRACTOR shall assign a single Project Director to provide supervision and have
overall .responsibility for the progress and execution of this Agreement for the CONTRA-
CTOR. Leticia Ayala thereby is designated as the Project Director for the
CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed.
Billings shall include labor classifications, respective rates, hours worked and also
materials, if any. The total cost for all work described in Exhibit "A"shall not exceed the
schedule given in Exhibit "B" (the Base amount) without prior written authorization from
the Project Director. Monthly invoices will be processed for payment and remitted
within thirty (30) days from receipt of invoice, provided that work is accomplished
consistent with Exhibit "A"as determined by the CITY.
The CONTRACTOR shall maintain all books, documents, papers,
employee timesheets, accounting records, and other evidence pertaining to costs
incurred and shall make such materials available at its office at all reasonable times
during the term of this Agreement and for three (3) years from the date of final payment
under this Agreement, for inspection by the CITY and for furnishing of copies to the
CITY, if requested.
5. LENGTH OF AGREEMENT. Completion dates or time durations
for specific portions of the Project are set forth in Exhibit "C".
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents
prepared by the CONTRACTOR for this Project, whether paper or electronic, shall
become the property of the CITY for use with respect to this Project, and shall be
turned over to the CITY upon completion of the Project, or any phase thereof, as
contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR
hereby assigns to the CITY and CONTRACTOR thereby expressly waives and
disclaims, any copyright in, and the right to reproduce, all written material, drawings,
plans, specifications or other work prepared under this agreement, except upon the
CITY's prior authorization regarding reproduction, which authorization shall not be
unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute
any further document(s) necessary to further effectuate this waiver and disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter,
reproduce, modify, assign, transfer, or in any other way, medium or method utilize the
CONTRACTOR's written work product for the CITY's purposes nd the
CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil
Code Sections 980 through 989 relating to intellectual property and artistic works.
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Any modification or reuse by. the CITY of documents, drawings or
specifications prepared by. the CONTRACTOR shall relieve the CONTRACTOR from
liability under Section 14 but only with respect to the effect of the modification or reuse
by the CITY, or for any liability to the CITY should the documents be used by the CITY
for some project other than what was expressly agreed upon within the Scope of this
project, unless otherwise mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as
agents, employees, partners or joint venturers with one another. Neither the
CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and
are not entitled to any of the rights, benefits, or privileges of the CITY's employees,
including but not limited to retirement, medical, unemployment, or workers'
compensation insurance.
This Agreement contemplates the personal services of the
CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the
parties that a substantial inducement to the CITY for entering into this Agreement was,
and is, the professional reputation and competence of the CONTRACTOR and its
employees. Neither this Agreement nor any interest herein may be assigned by the
CONTRACTOR without the prior written consent of the CITY. Nothing herein contained
is intended to prevent the CONTRACTOR from employing or hiring as many
employees, or subcontractors, as the CONTRACTOR may deem necessary for the
proper and efficient performance of this Agreement. All agreements by CONTRACTOR
with its subcontractor(s) shall require the subcontractor to adhere to the applicable
terms of this Agreement.
8. CONTROL. Neither the CITY nor its officers, agents or employees
shall have any control over the conduct of the CONTRACTOR or any of the
CONTRACTOR's employees except as herein set forth, and the CONTRACTOR
expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's
agents, servants, or employees are in any manner agents, servants or employees of
the CITY, it being understood that the CONTRACTOR, its agents, servants, and
employees are as .to the CITY wholly independent contractors and that the
CONTRACTOR's obligations to the CITY are solely such as are prescribed by this
Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in
the performance of the services to be provided herein, shall comply with all applicable
State and Federal statutes and regulations, and all applicable ordinances, rules and
regulations of the City of National City, whether now in force or subsequently enacted.
The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current
City of National City business license prior to and during performance of any work
rsuant to this Agreement.
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Revised April 2005
10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever
nature that are legally required to practice its profession. The CONTRACTOR
represents and covenants that the CONTRACTOR shall, at its sole cost and expense,
keep in effect at all times during the term of this Agreement, any license, permit, or
approval which is legally required for the CONTRACTOR to practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the CONTRACTOR'S trade or profession currently
practicing under similar conditions and in similar locations. The CONTRACTOR shall
take all special precautions necessary to protect the CONTRACTOR's employees and
members of the public from risk of harm arising out of the nature of the work and/or the
conditions of the work site.
B. Unless disclosed in writing prior to the date of this
agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the
five (5) years preceding, been debarred by a governmental agency or involved in
debarment, arbitration or litigation proceedings concerning the CONTRACTOR's
professional performance or the furnishing of materials or services relating thereto.
C. The CONTRACTOR is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success
of the project the CONTRACTOR has been retained to perform, within the time
requirementsof the CITY, or, when no time is specified, then within a commercially
reasonable time. Accordingly, unless the CONTRACTOR hasnotified the CITY
otherwise, the CONTRACTOR warrants that all products, materials, processes or
treatments identified in the project documents prepared for the CITY are reasonably
commercially available. Any failure by the CONTRACTOR to use due diligence under
this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased
costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time
frame specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall
not discriminate against any employee or applicant for employment because of age,
race, color, ancestry, religion, sex, sexual orientation, marital status, national origin,
physical handicap, or medical condition. The CONTRACTOR will take positive action to
insure that applicants are employed without regard to their age, race, color, ancestry,
religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. Such action shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous
places available to employees and applicants for employment any notices provided by
the CITY setting forth the provisions of this non-discrimination clause.
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13. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The
CONTRACTOR shall treat all such information as confidential and shall not disclose
any part thereof without the prior written consent of the CITY. The CONTRACTOR
shall limit the use and circulation of such information, even within its own organization,
to the extent necessary to perform the services. to be provided herein. The foregoing
obligation of this Section 13, however, shall not apply to any part of the information that
(i) has been disclosed in publicly available sources of information; (ii) is, through no
fault of the CONTRACTOR, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONTRACTOR without any
obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof
has been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder,
the CONTRACTOR shall comply with all legal obligations it may now or hereafter have
respecting the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any damages caused by
breach of this condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR
agrees to defend, indemnify, and hold harmless the City of National City, its officers and
employees, against and from any and all liability, loss, damages to property, injuries to,
or death of any person or persons, and all claims, demands, suits, actions,
proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature,
including workers' compensation claims, of or by anyone whomsoever, resulting from or
arising out of the CONTRACTOR's negligent performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of
the State of California, the applicable provisions of Division 4 and 5 of the California
Government Code and all amendments thereto; and all similar state or Federal acts or
laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and
employees from and against all claims, demands, payments, suits, actions,
proceedings and judgments of every nature and description, including reasonable
attorney's fees and defense costs presented, brought or recovered against the CITY or
its officers, employees, or volunteers, for or on account of any liability under any of said
acts which may be incurred by reason of any work to be performed by the
CONTRACTOR under this Agreement.
16. INSURANCE. The CONTRACTOR, at its sole cost and expense,
shall purchase and maintain, and shall require its subcontractors, when applicable, to
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Revised April 2005
purchase and maintain throughout the term of this agreement, the following insurance
policies:
❑ A. If checked, Professional .Liability Insurance (errors and omissions)
with minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property
damage incurred during the performance of this Agreement, with a minimum coverage
of $.1,000,000 combined single limit ,per .accident: Such automobile insurance shall
include non -owned vehicles.
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property
damage arising out of its operation under this. Agreement:
D. Workers' compensation insurance covering all of CONTRACTOR's
employees.
E. The aforesaid policies shall constitute primary insurance as to the
CITY, its officers, employees, and volunteers, so that any other policies held by the
CITY shall not contribute to any loss under said insurance. Said policies shall provide
for thirty (30) days prior written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CITY and its officers, agents and employees as
additional insureds.
G. If required insurance coverage is provided on a "claims made"
rather than occurrence" form, the CONTRACTOR shall maintain such insurance
coverage for three years after expiration of the term (and any extensions) of this Agree-
ment.
H. Any aggregate insurance limits must apply solely to this Agree-
ment.
I. Insurance shall be written with only California admitted companies
which hold a current policy holder's alphabetic and financial size category rating of not
less than A VIII according to the current Best's Key Rating Guide, or a company equal
financial stability that is approved by the City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with
and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of
such insurance policies infull force and effect at all times during the terms of this
Agreement, the CITY may elect to treat the failure to maintain the requisite insurance
as a breach of this Agreement and terminate the Agreement as provided herein.
17. LEGAL. FEES. If any party brings a suit or action against the other
party arising from any breach of any of the covenants or agreements or any
inaccuracies in any of the representations andwarranties on the part of the other party
arising out of this Agreement, then in that event, the prevailing party in such action or
dispute, whether by final judgment or out -of -court settlement, shall be entitled to have
and recover of and from the other party all costs and expenses of suit, including
attorneys' fees.
For purposes of determining who is to be considered the prevailing party,
it is stipulated that attorney's fees incurred in the prosecution or defense of the action or
6 Revised April 2005
suit shall not be considered in determining the amount of the judgment or award.
Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited
to the amount of attorney's fees incurred by the CITY in its prosecution or defense of
the action, irrespective of the actual amount of attorney's fees incurred by the prevailing
party
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates
to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to
settle the dispute by mediation in San Diego, California, in accordance with the
Commercial Mediation Rules of the American Arbitration Association (the "AAA") before
resorting to arbitration. The costs of mediation shall be borne equally by the parties.
Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof,
which is not resolved by mediation shall be settled by arbitration in San Diego,
California, in accordance with the Commercial Arbitration Rules of the AAA then
existing. Any award rendered shall be final and conclusive upon the parties, and a
judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the
parties to the arbitration, provided that each party shall pay for and bear the costs of its
own experts, evidence and attorneys' fees, except that the arbitrator may assess such
expenses or any part thereof against a specified party as part of the arbitration award.
19. TERMINATION. A. This Agreement may be terminated with or
without cause by the CITY. Termination without cause shall be effective only upon 60-
day's written notice to the CONTRACTOR. During said 60-day period the
CONTRACTOR shall perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY
for cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance
of services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONTRACTOR, whether paper or electronic, shall immediately become the property of
and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of the Notice of Termination, not to exceed
the amounts payable hereunder, and less any damages caused the CITY by the
CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall
vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR;
(2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the
CONTRACTOR.
20. NOTICES. All notices or other communications required or
permitted hereunder shall be in writing, and shall be personally delivered; or sent by
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overnight mail (Federal Express or the like).; or sent by registered or certified mail,
postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or
telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall
be deemed received upon the earlier of (i) if personally delivered, the date of delivery to
the address of the person to receive such notice, (ii) if sent by overnight mail, the
business day following its deposit in such overnight mail facility, (iii) if mailed by
registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office, mailbox, mail
chute, or other like facility regularly maintained by the United States Postal Service, (iv)
if given by telegraph or cable, when delivered to the telegraph company with charges
prepaid, or (v) ifgiven by telex, telecopy, facsimile or fax, when sent. Any notice,
request,. demand, direction or other communication delivered or sent as specified above
shall be directed to the following persons:
To the CITY:
Kathleen Trees
City of National City
1243 National City Boulevard
National City, CA 91950-4301
To the CONTRACTOR: Diane Takvorian, Executive Director
Environmental Health Coalition
401 Miles of Cars Way, Suite 310
National City, CA 91950
Notice: of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver
because of changed address of which no notice was given shall be deemed to
constitute receipt of the notice, demand, request or communication sent. Any notice,
request, demand, direction or other communication sent by cable, telex, telecopy,
facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or
delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not
perform services of any kind for any person or entity whose interests conflict in any way
with those of the City of National City. The CONTRACTOR also agrees not to specify
any product, treatment, process or material for the project in which the CONTRACTOR
has a material financial interest, either direct or indirect, without first notifying the CITY
of that fact. The CONTRACTOR shall at all times comply with the terms of the Political
Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall
immediately disqualify itself and shall not use its official position to influence in any way
any matter coming before the CITY in which the CONTRACTOR has a financial interest
as defined in Government Code Section 87103. The CONTRACTOR represents that it
has no knowledge of any financial interests that would require it to disqualify itself from
any matter on which it might perform services for the CITY.
Revised April 2005
❑ If checked, the CONTRACTOR shall comply with all of the
reporting requirements of the Political Reform Act and the National City Conflict of
Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic
Interests with the City Clerk of the City of National City in a timely manner on forms
which the CONTRACTOR shall obtain from the City Clerk.
The CONTRACTOR shall be strictly liable to the CITY for all damages,
costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by
the CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided
for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday,
then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next
day which is not a Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but one and the same instrument. .
C. Captions. Any captions to, or headings of, the sections or
subsections of this Agreement are solely for the convenience of the parties hereto, are
not a part of this Agreement, and shall not be used for the interpretation or
determination of the validity of this Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly
provided herein, the execution and delivery of this Agreement shall not be deemed to
confer any rights upon, or obligate any of the parties hereto., to any person or entity
other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached
hereto are hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may
not be modified or amended except by an instrument in writing executedby each of the
parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or
any other provision hereof.
H. Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agree-
ments, negotiations and communications, oral or written, and contains the entire
agreement between the parties as to the subject matter hereof. No subsequent
agreement, representation, or promise made by either party hereto, or by or to an
employee, officer, agent or representative of any party hereto shall be of any effect
unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon
and shall inure to the benefit of the successors and assigns of the parties hereto.
Construction. The parties acknowledge and agree that (i) each
party is of equal bargaining strength, (ii) each party has actively participated in the
drafting, preparation and negotiation of this Agreement, (iii) each such party has
9 Revised April 2005
consulted with or has had the opportunity to consult with its own, independent counsel
and such other professional advisors as such party has deemed appropriate, relative to
any and all matters contemplated under this Agreement, (iv) each party and such
parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed
to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in the interpretation of this Agreement, or any portions
hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date and year first above written.
CITY OF NATIONAL CITY
APPROVED AS TO FORM:
'
George H. Eiser, III
City Attorney
ENVIRONMENTAL HEALTH COALITION
(Corporation — signatures of two corporate officers)
(Partnership — one signature)
(Sole pro • rietorship — one signature)
By:
(Name)
(Title)
By: /
/e7
(Name)
(0
(Title)
.407(
10
Revised April 2005
EXHIBIT A
SCOPE OF SERVICES
101. Provide education, outreach and recruitment for healthy homes inspections in
the areas west of interstate 805.
a. Education:
1. Develop a program logo and produce 1,000 copies of a brochure
explaining the benefits and eligibility requirements of the program.
The brochure will be in English and Spanish and will be made
available to the residents of National City in public places such as the
library.
2. Hold quarterly training seminars for residents.
3. Provide in -home training when necessary.
b. Outreach:
1. Distribute program brochures door-to-door to 600 units in the program
areas.
2. Attend 2 health fairs in National City each year and the annual St
Anthony's Church Fair.
c. Recruitment:
1 Provide application forms and eligibility forms and help
tenants/residents complete them.
2. Perform 150 initial environmental assessments for lead, cockroaches,
carbon monoxide and mold and mildew using protocols developed by
the Community Environmental Health Resource Center.
3. Perform follow-up visits after control work has been done and
administer a short evaluation and assessment.
102. Attend quarterly advisory meetings and monthly meetings with the City and
EHC.
103. Provide monthly progress reports
EXHIBIT B
COST SCHEDULE
201. The total compensation for all services performed pursuant to this Agreement
shall not exceed the sum of ONE HUNDRED EIGHTY-NINE THOUSAND
TWO HUNDRED FIFTY-EIGHT dollars ($189,258) in Federal Funds.
Contractor's matching funds in the form of in kind services, shall not be less
than FIFTEEN THOUSAND SIX HUNDRED SEVENTY FIVE ($15,675).
202. The CONTRACTOR acknowledges that the City is under no obligation to
compensate the CONTRACTOR for services rendered or expenses accrued
under this Agreement in excess of the maximum compensation specified above.
It shall be the responsibility of the CONTRACTOR to monitor its activities to
ensure that the scope of services specified in Exhibit 1 may be completed and
no charges accrued in excess of the maximum compensation during the term of
this Agreement.
203. It is expressly understood that any expenditures by the CONTRACTOR which
are not within the prescribed limitations of this paragraph and Exhibit 1 and
applicable laws, rules, and regulations governing this Agreement are not
chargeable to this Agreement.
204. Following execution of the HUD Agreement (Attachment 1), this Agreement
and the Request for Release of Funds, the CONTRACTOR may submit a
request for funds to the City specifying the amount due for services performed
by the CONTRACTOR. Each request shall: 1) describe the services performed
in detail, 2) indicate the amount of federal and matching funds charged by line
item on Attachment 2 and 3) include adequate and appropriate documentation
for the expenses claimed.
EXHIBIT C
Length of Agreement
301. All services required pursuant to this Agreement shall commence effective as of
the date the Agreement is fully executed and shall terminate on October 31,
2008.
ATTACHMENT 1
HOUSING AND URBAN DEVELOPMENT,
OFFICE OF HEALTHY HOMES AND LEAD HAZARD
CONTROL
GRANT PROGRAMS
GRANT AGREEMENT PROVISIONS
(FISCAL YEAR 2005)
SCHEDULE OF ARTICLES
1. DEFINITIONS
2. SCOPE OF WORK (COST -REIMBURSEMENT)
3. PERIOD OF PERFORMANCE
4. ** GRANTEE CERTIFICATION PROGRAM REQUIREMENTS (SPECIAL CLAUSE)
5. CONDUCT OF WORK
6. KEY PERSONNEL
7. HUD'S RIGHT TO AUDIT AND DISALLOW OR RECOVER EXPENDITURES
8. PROGRAM INCOME
9. INDIRECT COSTS
10. AMOUNT OF COST SHARE (ESTIMATED COST AND PAYMENT - MATCHING)
11. BUDGET
12. ADVANCE PAYMENT BY TREASURY CHECK OR ELECTRONIC FUNDS
TRANSFER
13. ESTIMATED COST AND PAYMENT - LINE OF CREDIT CONTROL SYSTEM
(LOCCS)
14. CERTIFICATION REGARDING PARTIES EXCLUDED FROM PROCUREMENTS
15. REVIEW OF DELIVERABLES INSPECTION AND ACCEPTANCE
16. COLLECTION OF DATA
17. LIMITATION ON CONSULTANT PAYMENTS
18. PUBLICATIONS AND NEWS RELEASES
19. REPRODUCTION OF REPORTS
20. PATENT RIGHTS (SMALL BUSINESS FIRMS AND NONPROFIT ORGANIZATIONS)
21. LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (OVER $100,000)
22. PROJECT MANAGEMENT SYSTEM
23. EQUIPMENT
24. AMENDMENTS
25. CHANGES
26. DISPUTES
27. ORDER OF PRECEDENCE
28. OTHER ADMINISTRATIVE PROVISIONS
29. UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE
AGREEMENTS
30. CERTIFICATION PROHIBITING EXCESSIVE FORCE AGAINST NON-VIOLENT
CIVIL RIGHTS DEMONSTRATORS
31. ** SPECIAL CONDITIONS CLAUSES FOR LEAD BASED PAINT HAZARD
EVALUATION OR CONTROL ACTIVITIES
32. ENVIRONMENTAL POLICY
** NOTE: UNIQUE CLAUSES -CONTAIN SPECIAL REQUIREMENTS FOR ALL
PROGRAMS CONDUCTING LEAD HAZARD EVALUATION OR CONTROL ACTIVITIES
- PLEASE READ
1. DEFINITIONS
a) The term "grant" as used herein refers to either a grant or a cooperative agreement
instrument.
b) The term "grantee" as used herein also refers to recipients of cooperative agreements.
c) The term "Grant Officer" means the official authorized by HUD to execute and/or
administer this grant. This term also refers to a Cooperative Agreement Officer when
the instrument is a cooperative agreement.
d) The term "Government Technical Representative (GTR)" means the HUD individual
who is responsible for the technical administration of the grant, the evaluation of
performance under the grant, the acceptance of technical reports or projects, and
other such specific responsibilities as may be stipulated in the grant.
e) The term "Government Technical Monitor (GTM)" means the individual responsible
for assisting a Government Technical Representative in the latter's performance of
his/her duties.
f) The term "Head of the Awarding Activity (HAA)" means a HUD official, at the
Assistant Secretary level or equivalent, with authority for policy, award, and
administration of discretionary grants within one or more HUD organizational
elements. For this grant, the HAA is the Director of the Office of Healthy Homes
Lead Hazard Control.
g)
The term "Guidelines" refers to the definitions, standards and information contained
in the 2005 edition of the guide entitled "Guidelines for the Evaluation and Control of
Lead -Based Paint in Housing" HUD,. The guidelines are incorporated by reference.
h) The term "OHHLHC" means the HUD Office of Healthy Homes and Lead Hazard
Control.
i) The term "NOFA" means the Notice of Funding Availability which announced the
availability of funding for this grant.
2. SCOPE OF WORK (COST -REIMBURSEMENT)
The grantee shall furnish the necessary personnel, materials, services, equipment, facilities
(except as otherwise specified herein) and otherwise do all things necessary for or incidental to
the performance of the work set forth in the Statement of Work/Management and Work Plan and
Benchmark schedule submitted with your original application under the NOFA for Fiscal Year
2005.
Management and Work Plan (with Benchmark Standards), Deliverables and Budget.
The Grantee shall complete and submit a detailed management and work plan (with Benchmark
Standards), Deliverables and Budget within 60 days after the effective date of the grant.. These
revisions shall update the general plan submitted with the proposal and include any negotiation
changes of the work plan or budget if applicable. The plan shall be developed according to the
instructions and benchmark standards that will provided by the Government Technical
Representative for the grant program as applicable. Instructions for the Lead Hazard Control
Program and Healthy Homes programs are provided as follows:
For the Lead Hazard Control Grant Program, use OHHLHC Policy Guidance Number 2001-03
"Revised Quarterly Progress Reporting Requirements" dated October 1, 2001, as amended,
and/or guidance from the GTR.
The plan for the Healthy Homes Programs, should be prepared pursuant to the following outline:
I. Background
II. Project Goals and Objectives
III. Project Tasks
IV. Reporting and Deliverables
V. Project Budget
VI. Appendices
The estimated number of housing units and structures in which evaluation and/or intervention
activities are expected to take place should be included in the project goals and objectives section.
Objectives of research components of the grant should be stated in terms of testable hypothesis in
the work plan when possible.
Tasks should be arranged sequentially or in a logical order within the work plan, and include
supportive activities. The entity responsible for each task should be identified, and the timeframe
for its completion stated. The tasks section should also include a discussion of the roles and
responsibilities of the appropriate organizations that will be involved in completing the Institution
Review Board review related to the protection of human subjects under this grant.
For recipients of all other OHHLHC programs, please contact your Government Technical
Representative to get specific instructions.
The management and work plan consists of the goals and time -phased objectives and deliverables
for each of the major tasks to be undertaken by the program. Benchmark standards (milestones)
have been developed to assist the grantee plan and implement its program in a timely and cost-
effective manner. A revised budget, in accordance with the final negotiation, shall be submitted
(if necessary). The work plan shall also include a detailed narrative description of how assistance
and funding will flow from the grantee to the actual performers of the hazard reduction work; the
selection process for subgrantees and subcontractors; the selection process for the particular
properties to be abated, the lead hazard control activities to be undertaken, and the screening,
health, and other measures to be taken to protect children and other occupants. Where there is
interdependence among the tasks, the work plan shall indicate how each interdependent task will
provide needed inputs to the others. (Also, see Article 22, Project Management System — Work
Plan).
The revisions to the management and work plan deliverables and budget shall be submitted by
December 1, 2005 and are subject to review and approval by HUD. When approved by the GTR
and the Grant Officer, the work plan, deliverables and budget shall be incorporated as part of the
grant agreement and amended/modified accordingly.
3. PERIOD OF PERFORMANCE AND INCURRING COSTS OR OBLIGATING FEDERAL
FUNDS BEYOND THE EXPIRATION DATE
a. The grantee shall provide all services stipulated in this award agreement for the period of
months specified on the HUD 1044, "Assistance Award/Amendment" Continuation Sheet from
the effective date stipulated in Block #5 of the HUD 1044.. Grantees are to comply with the
requirements of 24 CFR 84.28 or 24 CFR 85.23 (Period of availability of funds), as applicable, in
charging costs to the grant. All obligations incurred under the award must be liquidated not later
than 90 days after the end of the funding period. The preparation of the final administrative and
financial reports is to be completed within the 90-day closeout period.
b. The grantee shall not incur costs or obligate funds for any purpose pertaining to the operation
of the project, program, or activities beyond the expiration date stipulated in the award. The only
costs which are authorized for a period of up to 90 days following the award expiration
date are those strictly associated with closeout activities. Closeout activities are normally limited
to the preparation of final progress, financial, and required project audit reports unless otherwise
approved in writing by the Grants Officer.
c. Any extension of the award period can only be authorized by the Grants Officer in writing.
Verbal or written assurances of funding from other than the Grants Officer shall not constitute
authority to obligate funds for programmatic activities beyond the expiration date.
d. The OHHLHC has no obligation to provide any additional prospective funding. Any
amendment of the award to increase funding and to extend the period of performance is at the
sole discretion of the OHHLHC.
4. ** GRANTEE CERTIFICATION PROGRAM REQUIREMENT
The Grantee agrees that any funds under this grant used for lead -based paint or lead -based paint
hazard evaluation or control activities shall be conducted by firms and persons qualified for the
activities according to 24 CFR Part 35, subpart R (possessing, as applicable, certification valid for
the State in which the activity is conducted as abatement contractors, risk assessors, inspectors,
abatement workers, or sampling technicians, or, for interim lead hazard control work, training in a
HUD -approved course in lead -safe work practices), and that laboratories used for analysis of
samples for lead in paint, soil or dust shall be recognized by the U.S. Environmental Protection
Agency for the analysis of those samples under its National Lead Laboratory Accreditation
Program.
5. CONDUCT OF WORK
During the effective period of this grant, the Government Technical Representative and/or the
Government Technical Monitor identified in Block 9 of the HUD-1044 shall be responsible for
monitoring the technical effort of the grantee, unless the grantee is notified in writing by the
Grant Officer of a replacement.
Only the Grant Officer has the authority to authorize deviations from this grant, including
deviations from the Statement of Work/Work Plan. In the event the grantee does deviate without
written approval of the Grant Officer, such deviation shall be at the risk of, and any costs related
thereto, shall be borne by the grantee.
6. KEY PERSONNEL
The personnel specified in the original proposal, stated in the grant agreement, or as amended on
the HUD 1044 Continuation Page of the amendment, as key personnel are considered to be
essential to the work being performed hereunder. Prior to diverting any of the specified
individuals to other work, the grantee shall notify the Grant Officer and GTR reasonably in
advance in writing and shall submit justification (including proposed substitutions (with the
qualifications and experience of the substitute personnel)) in sufficient detail to permit evaluation
of the impact on the work effort. No diversion shall be made by the grantee without the written
consent of the Grant Officer.
7. HUD'S RIGHT TO AUDIT AND DISALLOW OR RECOVER EXPENDITURES
For the performance of the work under this instrument, HUD shall reimburse the grantee for costs
incurred (hereafter referred to as "allowable costs") which are determined by the Grant Officer to
be allowable, allocable, and reasonable in accordance with the following cost principles*:
a. For colleges and universities: OMB Circular A-21.
b. For State and local Governments: OMB Circular A-87.
c. For other nonprofit organizations: OMB Circular A-122.
d. For all other grantees, Federal Acquisition Regulation, Subpart 31.2.
e. HUD Handbook 2210.18 Cost Principles for For -Profit Organizations.
*The Revised Version of these documents in effect on the date of award shall govern.
8. PROGRAM INCOME
Any program income derived as a result of this award shall be added to funds committed under
your award to further activities eligible for assistance under this award. If not contained in the
Work Plan or under Special Conditions itemized in these provisions, prior to using program
income to further the objectives of the grant program, the parties shall mutually agree by written
amendment on the use of program income. Program income received after the period of
performance must be used to further the objectives of the applicable OHHLHC grant program for
which this grant is awarded in accordance with CFR 24 Part 84.25/85.25 as applicable.
9. INDIRECT COSTS
If the Grantee has received a provisional rate, pending establishment of a final rate,
reimbursement will be made on the basis of the provisional rate. By accepting this award
document, Grantee agrees to bill at the provisional indirect cost rate for the entire period of
performance of the award agreement. At completion, of the grant, adjustments may be made
from the provisional rate to the final rate. However, such adjustments must be within the total
amount of the award as stated in Block 15 of the HUD-1044.
10. AMOUNT OF COST SHARE (ESTIMATED COST AND PAYMENT — MATCHING) (See
Blocks 14 of the HUD 1044)
(a) The estimated cost for the performance of this grant is the "Total Instrument Amount".
(b) The grantee shall be reimbursed by HUD for 100% of costs incurred in the performance
of this grant. HUD shall not be obligated to reimburse the grantee in excess of the
"Total HUD Amount". HUD reserves the right to withhold one -percent (1%) of the
Federal grant amount pending the receipt and approval of a final progress report
prepared in accordance with the Policy Guidance or GTR instructions for the specific
OHHLHC program and any amendments.
(c) The grantee agrees to bear without reimbursement by HUD the "Recipient Amount" of
the total costs. The grantee is not obligated to contribute more than the "Recipient
Amount". However, in the event that the grantee incurs costs in excess of the estimated
cost of the "Total Instrument Amount". such excess shall be borne entirely by the
grantee.
(d) The grantee must satisfy all statutory matching requirements in the NOFA. If the grantee's
actual matching contribution is less than "Recipient Amount" under Block 14 of the
HUD 1044, the Government reserves the right to negotiate new line items and/or
amounts to satisfy the grantee's match, or to reduce the Government's share
proportionally. The grantee must satisfy all statuary matching requirements in the
NOFA. The grantee shall notify the Government at any time it believes it will not meet
its match by the completion of the grant. If the grantee exceeds the dollar amount
shown above, there will be no impact on the Federal share.
11. BUDGET
The grantee shall incur costs in conformance with the budget, presented in the original proposal
stated in the grant agreement, or as amended on the HUD 1044 Continuation Page of the
amendment. The grantee shall not commingle any funds computed under this grant with any other
existing or future operating accounts held by the grantee.
If the grantee has been contacted to submit documents to support the application that were not
received prior to the execution of this grant, the grantee will not be allowed to draw down funds,
exceeding 10% of the federal amount, until such time that the requirements have been met.
Standard Form 269, Financial Status Report, detailing match or in -kind contributions shall
be submitted on a quarterly basis. A final narrative and Standard Form 269 report
detailing the progress made in achieving the purpose of the grant and adequate
documentation of the total funds expended in support of the activities to achieve this
purpose (both Federal and in -kind 10 percent match) are due 90 days after the end of the
period of performance. See Article 10(b) regarding the holdback of 1% of the Federal
amount pending the receipt and approval of the final narrative report.
12. ADVANCE PAYMENT BY TREASURY CHECK OR ELECTRONIC FUNDS
TRANSFER
Advance payments by Treasury check or electronic funds transfer are hereby authorized under
this grant. A Grantee that is subject to existing State program accreditation requirements may
request an advance payment in writing, if applicable. HUD may provide to the grantee a one time
cash advance that shall not exceed 10 percent of the grant amount, and shall be limited to the
minimum amount needed for the actual, immediate cash requirements of the grantee in carrying
out the tasks of this agreement and as agreed to by the Grant Officer. These funds cannot be used
for conducting housing inspections or lead hazard control work in homes until the Grantee has an
approved Request for Release of Funds and Certification (Form HUD 7015.15 and OHHLHC
Policy Guidance Issuance 2000-01 dated 02/24/2000). Contact the OHHLHC Environmental
Officer, Karen Choi at (213) 894-8000 x3015 for questions and mail the original and copies to the
following addresses:
Original: U.S. Department of Housing & Urban Development
Attn: Environmental Officer, Karen Choi
AT&T Building — Suite 1145
611 West 6' Street
Los Angeles, CA 90017
Copies: (Block 8 Address of 1044)
Attn: GTR in Block 9 of 1044
HUD will not make additional payments from the amount awarded to a grantee until the grantee's
contractors and workers are qualified for the activities according to 24 CFR Part 35 (possessing
certification as abatement contractors, risk assessors, inspectors, abatement workers, or sampling
technicians, or others having been trained in a HUD -approved course in lead -safe work
practices). Any additional funds requested by the grantee shall be requested in accordance with
Clause 13, "Estimated Cost And Payment - Line Of Credit Control System (LOCCS)"
Should the grantee demonstrate an unwillingness or inability to establish procedures that will
minimize the time elapsing between advances and disbursements, or fail to provide any required
progress report in a timely manner, the authorization for advance payments may be revoked. The
grantee may then be required to finance the project with its own working capital and payment to
the grantee may be made by Treasury check to reimburse it for actual cash disbursements.
13. ESTIMATED COST AND PAYMENT - LINE OF CREDIT CONTROL SYSTEM
(LOCCS)
The grantee shall be reimbursed for costs incurred in the performance of work under this grant in
an amount not -to -exceed "Total HUD Amount" in Block 14 of the HD 1044. In the event the
grantee incurs cost in excess of this amount, the excess shall be borne entirely by the grantee.
Incurred costs shall be reimbursed through HUD's Line of Credit Control System (LOCCS) using
the electronic Voice Response System (VRS). LOCCS uses a computer software program, which
ensures that requested payments do not exceed the amount authorized to the grantee. Each day
LOCCS generates a payment tape for the Department of the Treasury, which disburses the
payments via the Automated Clearinghouse (ACH) Payment System and a Voucher and Schedule
of Payments. All payments are certified by HUD and forwarded to Treasury for processing.
Before receiving funds from the VRS, the grantee must designate a financial institution in order
for HUD to make direct deposit payments through the ACH system. In the event the grantee,
during the performance of this grant, elects to designate a different financial institution for the
receipt of any payments, notification of such change and the related information must be received
by the Grant Officer 30 days prior to the date such change is to become effective.
In order to have access to LOCCS and the VRS, the grantee shall obtain a Security ID and
Password from HUD's LOCCS Security Officer, using the form HUD-27054, LOCCS Voice
Response Access Authorization Form.
The grantee shall submit the original vouchers for work performed to the GTR identified in
Block 9 of the form HUD-1044. The voucher shall be supported by a detailed breakdown of
the cost(s) claimed (Grantees are to use the Part 3 Financial Reporting Attachment included in
Policy Guidance 2001-03). In order to assure proper payment, it is important that the voucher is
in accordance with the payment amount requested through the VRS. Payment requires the
authorized grantee to telephone the VRS and provide the Security ID number and requested
information.
Detailed instructions for using the LOCCS-VRS were provided in your transmittal letter.
Funds advanced to the grantee shall be maintained in an interest bearing account. Any interest
earned by the grantee as a result of the advanced funds shall be promptly returned to HUD. All
check remittances should be sent to the new Miscellaneous Lockbox as follows:
NationsBank — Bank of America
DHUD P.O. Box 277303
Atlanta, GA 30384-7303
If the grantee is a State or local government, the grantee may retain up to $100.00 of interest
earned per grantee's fiscal year for administrative expenses. (24 CFR 85.21).
If the grantee is a University, non-profit or for profit organization, the grantee may retainup to
$250.00 of interest earned per grantee's fiscal year for administrative expenses. (24 CFR 84.22).
State universities and hospitals shall comply with CMIA, as it pertains to interest.
Other funds due to HUD after the end date of the grant or close-out, as a result of internal audit or
other reasons, will be returned to the GTR identified in Block 9 of the form HUD-1044 of this
grant."
14. CERTIFICATION REGARDING PARTIES EXCLUDED FROM PROCUREMENTS
By signing this agreement, the grantee also certifies that before awarding any subcontracts or sub -
awards, it will ensure that the subcontractor or subrecipient is not included on the General
Services Administration's (GSA) "List of Parties Excluded From Federal Procurement or Non -
procurement programs". If a subcontractor or subrecipient is on the GSA's published list, they
are ineligible for assistance and the grantee is restricted from awarding them a -contract or
subgrant. Copies of the GSA published list can be obtained from the Superintendent of
Documents, U.S. Government Printing Office, Washington, DC 20402 or by email at the
following site: http://epls.arnet.gov.
15. REVIEW OF DELIVERABLES
a) Definition - For the purpose of this clause, "Deliverables" include:
1) All interim and final reports,
2) Survey instruments required by Statement of Work/Work Plan, and
3) Other physical materials and products produced directly under the Statement of
Work/Work Plan of this grant.
4) Match, in -kind and leverage commitments.
b) General
1) The GTR shall have the sole responsibility for HUD review, correction, and
acceptance of the deliverables of this grant. Such review(s) shall be carried out
promptly by the GTR, so as not to impede the work of the grantee. T'he Products
of Work shall be deemed as accepted as submitted if the GTR has not issued
written comments and/or required corrections within thirty (30) days of the date
of the GTR's receipt of such product from the grantee.
2) The grantee shall carry out the required corrections, if any, provided by the GTR
and shall promptly return a revised copy of the product to the GTR.
3)
4) The GTR's review, correction, and acceptance of deliverables shall be limited to:
(1) corrections of omissions or errors of fact, methodology, or analysis; (2)
deletion of irrelevant materials; and (3) improvements in style readability.
5) In the review and acceptance of deliverables, the GTR may not require any
change in the grantee's stated views, opinions, or conclusions.
6) Should there be any disagreement between the grantee and the GTR as to any
correction, or the methodology or analysis on which any conclusion is based, the
GTR may require the grantee to insert a Government dissent(s) in the appropriate
place(s). The inclusion of such dissent(s) in an Official Product of Work,
otherwise found acceptable by GTR, and the return to the GTR of a revised copy
containing the dissent(s), shall satisfy the requirements for acceptance of the
Official Product of Work under this clause.
7) Such dissent(s) shall not apply to any independent publication by the grantee of
Independent Products that may arise from the work or findings of this grant.
16. COLLECTION OF DATA
Collection of data from ten or more respondents and sponsored by HUD shall be subject to the
Paperwork Reduction Act (44 U.S.C. 3501 - 3520). If a survey instrument for a collection of data
sponsored by HUD is proposed, it will be subject to review and approval by the Office of
Management and Budget (OMB). Such review and approval must be obtained prior to the use of
the survey instrument. Also, a time element is involved here, which may considerably lengthen
the time required for completion of the project proposed. Careful consideration should be given
to any proposal, which requires the use of a survey or other information collection sponsored by
HUD. The collection of data is deemed to be sponsored by HUD only under the following
conditions (5 CFR 1320.3):
a) The grantee is conducting the collection of information at the specific request of HUD;
or
b) The terms and conditions of the grant require specific approval by HUD of the
collection of information or collection procedures. Note that if the grantee decides on its own to
collect information and it does not need HUD approval to do so, then HUD is not the "sponsor"
of the information collection.
17. LIMITATION ON CONSULTANT PAYMENTS
As required by HUD's Appropriations Act, salary payments to consultants under this instrument
shall not exceed the equivalent of the maximum daily rate paid to level IV of the Executive
Schedule for Federal Employees. This limitation refers to consultants hired through the grantee's
personnel system, but not to consultants who perform as independent contractors.
18. PUBLICATIONS AND NEWS RELEASES
a) Definition. For the purpose of this clause, "publication" includes:
1) Any document containing information for public consumption; or,
2) The act of, or any act, which may result in, disclosing information to the public.
b) The results of this program are planned to be made available to the public through
dedication, assignment by HUD, or such other means as the Secretary shall
determine.
c) Government Ownership of Official Products of Work
All interim and final reports and information, data analyses, special methodology,
findings, and their related documents and work products, including reports, work
sheets, survey instruments, computer tapes, and any other physical materials and
products produced directly under the Statement of Work/Work Plan of this grant are
considered Official Products of Work, owned by the Government and held for the
benefit of the public.
d) Publication of Official Products of Work
Official Products of Work, quotations therein, paraphrasing, or disclosures of interim
findings may not be published without the approval of the GTR for a period of sixty
(60) days after acceptance of the product by the GTR. Thereafter, the grantee shall be
free to publish without HUD approval.
e) Acknowledgment and Disclaimer
All Official Products of Work, or any part thereof, and any Independent Products and
Special Products arising out of this instrument, when published by the grantee or
other participants in the work, shall contain the following acknowledgment and
disclaimer:
"The work that provided the basis for this publication was supported by funding
under a grant with the U.S. Department of Housing and Urban Development. The
substance and findings of the work are dedicated to the public. The author and
publisher are solely responsible for the accuracy of the statements and interpretations
contained in this publication. Such interpretations do not necessarily reflect the
views of the Government."
f) Notice of News Release and Public Announcements
Two copies of all press releases, formal announcements, and other planned, written
issuances containing news or information concerning this grant that may be made by
the grantee or its staff, or any subcontractor or other person or organization
participating in the work of this grant shall be provided to the GTR at the earliest
possible time. News releases and other public announcements may not disclose any
interim finding or quote or paraphrase any part of any Official Product of Work
without complying with paragraph (e) above.
19. REPRODUCTION OF REPORTS
BRANCH PROCUREMENT OF CERTAIN KINDS OF PRINTING; 'PRINTING" DEFINED
Pub. L. 102-392, title II, Sec. 207(a), Oct. 6, 1992, 106 Stat. 1719, as amended by Pub. L.
103-283, title II, Sec. 207, July 22, 1994, 108 Stat. 1440; Pub. L. 104-201, div. A, title XI,
Sec. 1112(e)(1), Sept. 23, 1996, 110 Stat. 2683, provided that:
(1) None of the funds appropriated for any fiscal year may be obligated or expended by
any entity of the executive branch for the procurement of any printing related to the
production of Government publications (including printed forms), unless such
procurement is by or through the Government Printing Office.
(2) Paragraph (1) does not apply to (A) individual printing orders costing not more than
$1,000, if the work is not of.a continuing or repetitive nature, and, as certified by the
Public Printer, if the work is included in a class of work which cannot be provided
more economically through the Government Printing Office, (B) printing for the
Central Intelligence Agency, the Defense Intelligence Agency, National Imagery and
Mapping Agency, or the National Security Agency, or (C) printing from other
sources that is specifically authorized by law.
(3) As used in this section, the term 'printing' includes the processes of composition,
platemaking, presswork, duplicating, silk screen processes, binding, microform, and
the end items of such processes.
20. PATENT RIGHTS (SMALL BUSINESS FIRMS AND NONPROFIT ORGANIZATIONS)
Patent rights are as specified in 37 CFR Part 401, entitled "Rights to Inventions made by
Nonprofit Organizations and Small Business Firms under Government Grants, Contracts and
Cooperative Agreements".
Inquiries regarding this Patent Rights clause should be in writing and directed to:
Grant Officer
Office of Healthy Homes and Lead Hazard Control
U.S. Department of Housing and Urban Development
451 Seventh Street SW
Washington, DC 20410-3000
21. LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (OVER $100,0001
Section 1352 of Title 31, U.S.C. provides in part 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, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with any of the following covered Federal actions: the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
22. PROJECT MANAGEMENT SYSTEM
DELIVERABLES
The grantee shall include a schedule listing all significant project milestones, and dates
for submission of all project deliverables including quarterly project reports, interim
reports where appropriate, the final report, and financial reports utilizing HUD form 269.
Upon approval of the work plan, the grantee should ensure all deliverables identified in
the Work Plan and Benchmark schedule are delivered on time.
QUARTERLY PROJECT REPORTS
Quarterly reports will be due no later than December 31, April 30, July 31, and October
31, for each respective quarter following the initiation of the grant through project
closeout. A template to be used in the preparation of each quarterly report will be
provided by our office at a later date. Quarterly reports must reflect activities undertaken,
obstacles encountered, and accomplishments in each calendar quarter. Contracts, training
materials and protocols, rosters of persons trained, outreach and educational materials
prepared, and other significant products developed to implement, analyze or control the
project or disseminate information are to be submitted with the quarterly y reports as
attachments.
FINAL REPORT
A final report shall be submitted. The final report shall summarize the applicant's plans,
execution of the plans, achievements noted, and lessons learned. The report need not be
lengthy, but should be of a quality and detail to provide freestanding description to any
outside reader of all of the applicant's work and achievement under the grant.
Specific and detailed guidance on preparing the forms and the narratives may be obtained from
the GTR.
Grantees under the Lead Hazard Control Grant Program, and the Lead Hazard Reduction
Demonstration Grant Program shall use the HUD Office of Healthy Homes and Lead Hazard
Control (OHHLHC) Project Management System specified in this clause. The HUD OHHLHC
system requires the submission of a work plan with specific, time phased, and realistic goals,
objectives, and benchmark milestones established. Quarterly status reports that show progress and
measure performance of the program in meeting approved work plan goals, objectives and
benchmark milestones are to be submitted. The Project Management System utilizes quantifiable
data and a narrative description of progress. For more specific details and guidance, please refer
to the OHHLHC's Lead Hazard Control Grant Program Policy Guidance Number 2001-03
Revised Quarterly Progress Reporting Requirements for the Lead Hazard Control Grant
Program dated October 1, 2001, as amended
Quarterly Progress Reports are to be submitted according to the requirements of the Lead Hazard
Control Grant Program Policy Guidance Number 2001-03. The quarterly progress reporting
system is web -based and requires an Internet connection. Grantees are to complete the quarterly
progress report (Form-HUD-96006) by accessing
http://www.leadurantonline.net via the Internet,.
or other Internet address or other method, as advised by the GTR. In the event that a grantee
cannot access the Internet, a "Word template" version is available. Completed quarterly reports in
this format should be submitted to:
grantee_quarterly@hud.gov (use underscore)
or other Internet address or other method, as advised by the GTR.
NOTE: Grantees are required to have approval from their Government Technical
Representative (GTR) prior to submitting the report using the Word template format.
Grantees are to submit quarterly progress reports as soon as possible, but no later than 30 days
after the end of each calendar year quarter.
Grantees, for all programs, are advised that failure to submit timely quarterly progress
reports will result in not having their "LOCCS VRS Request Voucher for Grant Payment"
processed and/or approved for payment until such time as the quarterly progress report is
submitted to HUD.
23. EOUIPMENT
The following equipment is allowable, in accordance with the OHHLHC NOFA for the
applicable grant program, to be acquired for the performance of this grant is identified as follows:
XRF Instruments
X-ray fluorescence (XRF) instruments purchased with Federal funds for use in the OHHLHC
Grant programs will remain the property of the grantee under the conditions cited in 24 CFR
84.34 or 85.32, as applicable.
24. AMENDMENTS
This grant may be modified at any time by a written amendment. Amendments, which reflect the
rights and obligations of either party, shall be executed by both HUD (the Grant Officer) and the
grantee. Administrative amendments, such as changes in appropriation data, may be issued
unilaterally by the Grant Officer.
25. CHANGES:
In accordance with 24 CFR 85.30 or 84.25, as applicable, Grantees or subgrantees must obtain
the prior approval of the awarding agency whenever any programmatic changes are anticipated to
include the following:
(1) Any revision of the scope or objectives of the project (regardless of whether there is
an associated budget revision requiring prior approval).
(2) Need to extend the period of availability of funds.
(3) Budget revisions that are 10% or more of the cumulative transfers among direct cost
categories, or, if applicable, among separately budgeted programs, projects,
functions, or activities which exceed or are expected to exceed ten percent of the
current total approved budget, whenever the awarding agency's share exceeds
$ 100,000.
(4) Changes in key persons in cases where specified in an application or a grant award.
In research projects, a change in the project director or principal investigator shall
always require approval unless waived by the awarding agency.
(5) Under non -construction projects, contracting out, subgranting (if authorized by law)
or otherwise obtaining the services of a third party to perform activities, which are
central to the purposes of the award.
26. DISPUTES
During performance of the grant, disagreements may arise between the grantee and the Grant
Officer on various issues. If a dispute concerning a question of fact arises, the Grant Officer shall
prepare a final decision, taking into account all facts and documentation presented. The decision
shall be mailed to the grantee. The grantee may appeal the decision within thirty (30) days to the
Deputy Secretary of HUD, or his or her designated representative.
27. ORDER OF PRECEDENCE
In the event of any inconsistency among any provisions of this grant, the following order of
precedence shall apply:
a. NOFA
b. Management and Work Plan
c. Grantee Certification Program Requirement
d. Statement of Work/Work Plan (excluding the grantee's proposal, if incorporated).
e. Special Conditions
f. Schedule of Articles.
g. Uniform Administrative Requirements.
h. Grantee's Proposal (if incorporated).
28. OTHER ADMINISTRATIVE PROVISIONS
The grantee shall comply with all standard assurances, which were executed as part of the
application process.
29. UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE
AGREEMENTS
All provisions of 24 CFR Part 84, "Grants and Agreements with Institutions of Higher Education,
Hospitals and other Non -Profit Organizations" apply to these grantees. The grantee shall comply
with all standard assurances, which were executed as part of the application process.
All provisions of 24 CFR Part 85, "Administrative Requirements for Grants and Cooperative
Agreements to State, Local and Federally Recognized Indian Tribal Governments" apply to these
grantees. The grantee shall comply with all standard assurances, which were executed as part of
the application process.
For the full text follow these instructions (which were valid at the time of grant award; alternative
methods may be required as determined by the Government Printing Office):
1. Go to the following web site: http://www.gpoaccess.gov/cfr/
2. Under Most Current Data, in the Quick Search block, for 24 CFR 84,enter "24CFR84" with
quotation marks and without spaces; similarly, for 24 CFR 85, enter "24CFR85".
3. For 24 CFR 14 scroll down to (24CFR84—Part 84— Uniform Administrative
Requirements For Grants And Agreements With Institutions of Higher Education,
Hospitals, and Other Non -Profit Organizations). Click the word "text" to view the text file.
For 24 CFR 85, scroll down to (24CFR85-Part 85 Administrative Requirements for
State, Local and Federally Recognized Indian Tribal Governments). Click the word "text"
to view the text file.
30. CERTIFICATION PROHIBITING EXCESSIVE FORCE AGAINST NON-VIOLENT
CIVIL RIGHTS DEMONSTRATORS
This certification applies to any grant or cooperative agreement using funds appropriated under
section 103 of the Housing and Community Development Act of 1974 (42 U.S.C. 5304).
The applicant certifies that it has adopted and is enforcing:
a) A policy prohibiting the use of excessive force by law enforcement agencies within
its jurisdiction against any individuals engaged in non-violent civil rights
demonstrations; and
b) A policy of enforcing applicable State and local laws against physically barring
entrance to or exit from a facility or location which is the subject of such non-violent
civil rights demonstrations within its jurisdiction.
31. SPECIAL CONDITIONS CLAUSE FOR LEAD -BASED PAINT HAZARD
EVALUATION OR CONTROL ACTIVITIES **
A grantee conducting lead -based paint hazard evaluation or control activities agrees to comply
with the following special requirements:
a) Comply with Section 1101 of Title X, Grants for Lead -Based Paint Hazard Reduction, as
amended by section 217 of Public Law 104-134, if the grant is under the Lead -Based
Paint Hazard Control, Lead Hazard Reduction Demonstration Grant, or Operation Lead
Elimination Action Program: Such grantees shall provide assistance for housing which
meets the following criteria-
1) For grants made to assist rental housing, at least 50 percent of the units must be
occupied by or made available to families with incomes at or below 50 percent of the
area median income level and the remaining units shall be occupied or made
available to families with incomes at or below 80 percent of the area median income
level, and in all cases the landlord shall give priority in renting units assisted under
this section, for not less than 3 years following the completion of the lead abatement
activities, to families with a child under the age of six years, except that building with
five or more units may have 20 percent of the units occupied by families with
incomes above 80 percent of area median income level:
2) For grants made to assist housing owned by owner -occupants, all units assisted with
grants under this section shall be the principal residence of families with income at or
below 80 percent of the area median income level, and not less than 90 percent of the
units assisted with grants under this section shall be occupied by a child under the age
of six years or shall be units where a child under the age of six years spends a
significant amount of time visiting.
b) Develop and implement written procedures for all phases of lead evaluation and control,
which are consistent with the HUD Guidelines for the Evaluation and Control of Lead -
Based Paint Hazards in Housing (hereafter known as the Guidelines).
c) Request and receive formal concurrence from HUD for deviations from the procedures
described in the Guidelines. Such deviations may include thresholds for abatement hazard
control or post abatement hazard control clean-up procedures, which differ from the
HUD Guidelines.
d) Comply with appropriate HUD and EPA regulations regarding lead -based paint
notification, disclosure, or work practices during lead hazard control activities.
e) Prohibit the use of open -flame burning, chemical strippers containing methylene chloride,
dry scraping, uncontained hydroblasting or hydrowashing, uncontained abrasive blasting,
machine sanding without HEPA attachments or heat stripping above 1100°F as work
practices at anytime.
f) Observe the procedures for worker protection established by the Federal Occupational
Safety and Health Administration (29 CFR 1926.62 and/or 1910.1025, as applicable).
Dispose of waste resulting from lead hazard control activities in accordance with the
requirements of the appropriate local, State, and Federal regulatory agencies. You must
handle disposal of wastes from hazard control activities that contain lead -based paint, but
are not classified as hazardous, in accordance with State or local law or the HUD
Guidelines for the Evaluation and Control of Lead -Based Paint Hazards in Housing.
g)
h) Conduct lead -based paint inspections, risk assessments, and clearance dust testing,
according to the HUD Guidelines and the EPA lead hazards standards rule at 40 CFR
745.227(e)(8)(viii) and/or the HUD Lead Safe Housing Rule at 24 CFR 35, subpart R, as.
applicable. Wipe tests shall be conducted by an appropriately certified or licensed
individual who is independent of the lead hazard control contractor. Dust -wipe samples,
soil samples and any paint samples to be analyzed by a laboratory must be analyzed by a
laboratory recognized by the EPA National Lead Laboratory Accreditation Program
(NLLAP). Units or areas treated shall not be reoccupied until clearance is achieved. The
dust lead standards are:
i)
J)
40 micrograms of lead per square foot on an interior hard -surfaced floor or
carpet;
250 micrograms of lead per square foot on a window sill; and
400 micrograms of lead per square foot on a window well (clearance only).
Test and record blood -lead levels of all children under the age of six occupying affected
units within 6 months prior to the abatement or hazard control. Centers for Disease
Control and Prevention (CDC) recommendations for blood lead testing are to be
followed. Children with elevated blood levels (EBLs) shall be referred for appropriate
treatment and follow-up medical care.
k) Cooperate with any federally sponsored or endorsed monitoring or evaluation efforts
done in conjunction with the Grantee's lead hazard control activities under this program.
This includes collecting data on the relative cost and effectiveness of hazard control
methods and providing documentation of all testing, inspection, and hazard control
actions.
1) If a grantee operates a loan program with the funds provided under this grant, any
revenue recaptured from the loan repayments may be retained by the grantee, and can
only be used for lead -based paint abatement or hazard control activities.
m) As requested by OHHLHC Policy Guidance Issuance dated April 14, 1995, the HUD
Form 60002, Economic Opportunities for Low- and Very Low -Income Persons (Section
3) must be submitted by January 10 yearly.
n) As required by OHHLHC Office Policy Guidance Issuance 2000-01 dated February 24,
2000 Revised Environmental Review Procedures and Requirements, the HUD Form
7015.15, Request for Release of Funds & Certification must be submitted to the HUD
Office of Healthy Homes and Lead Hazard Control and approved before any lead hazard
control activities which involve physical intervention in a housing unit can begin. Lead
hazard control activities include the conduct of inspections and risk assessments.
o) The number of units to be treated shown on the HUD 1044, Assistance
Award/Amendment Form, is the number that will be used for all grant and evaluation
efforts. Revision of this number will require a grant amendment.
p)
q)
Comply with the OHHLHC Policy Guidance Issuances that pertain to specific work
practice, management, or reporting requirements.
Provide a copy of all lead -based paint inspection, risk assessment, and clearance test
reports to the property owner in order for the property owner to comply with disclosure
requirements required under 24 CFR part 35, Subpart A. The letter transmitting these
reports must include the statement shown below:
"The Federal Residential Lead -Based Paint Hazard Reduction Act, 42 U.S.C. 4852d,
requires sellers and landlords of most residential housing built before 1978 to disclose all
available records and reports concerning lead -based paint and/or lead -based paint
hazards, including the test results contained in this notice, to purchasers and tenants at the
time of sale or lease or upon lease renewal. This disclosure must occur even if hazard
reduction or abatement has been completed. Failure to disclose these test results is a
violation of the U.S. Department of Housing and Urban Development and the U.S.
Environmental Protection Agency regulations at 24 CFR Part 35 and 40 CFR Part 745
and can result in a fine of up to $11,000 per violation. To find out more information
about your obligations under federal lead -based paint requirements, call 1-800-424-
LEAD."
r) PARTNERSHIP RELATIONSHIPS WITH FAITH -BASED AND COMMUNITY
BASED ORGANIZATIONS: Any changes to an agreement, such as a Memorandum of
Understanding, subcontract agreement or Letter of Commitment, that indicates that a
formal partnership exists between the grantee and one or more Faith -Based or
Community -Based Organizations which meet the definition set forth in the NOFA
published in conjunction with this award must be addressed in the next quarterly report.
s) Renewals: A recipient under the Lead -Based Paint Hazard Control Grant Program
Competitive Performance -Based Renewal category agrees to the following conditions by
signing this grant agreement:
(1)
Grantee has substantially completed and/or exceeded the total number of housing
units in the previous award by the end date of that award;
(2) Grantee will demonstrate that the additional number of units to be completed with
the unexpended balance (if any) will not significantly delay the production of units
proposed in the renewal period, i.e., the grantee must be able to complete the
renewal units in addition to the units proposed with the unexpended balance (if any);
and
(3)
Grantee will schedule and complete all work within the 36-month renewal period,
without extensions.
32. ENVIRONMENTAL POLICY""
a) The grantee [called a "recipient" in 24 CFR 58.2(a)(5)] under the Lead Elimination
Action Program or Healthy Homes Demonstration Program shall comply with 24 CFR
part 58, "Environmental Review Procedures for Entities Assuming HUD Environmental
Responsibilities," in accordance with the provisions of section 305(c) of the Multifamily
Housing Property Disposition Reform Act of 1994. Under part 58, a responsible entity
[see 24 CFR 58.2(a)(7)], typically the unit of general local government, on behalf of the
grantee, must assume the environmental review responsibilities for activities funded
under this Program. Under 24 CFR 58.11, if a responsible entity or the recipient objects
to the responsible entity performing the environmental review, HUD may designate
another responsible entity to perform the review or may perform the environmental
review itself under the provisions of 24 CFR part 50. If HUD carries out this
responsibility, the grantee agrees to assist and shall:
(1)
Supply HUD with all available, relevant information necessary for HUD to perform
environmental reviews on program and project requests under 24 CFR part 50;
(2) Carry out mitigation measures required by HUD as a result of the environmental
review or select an alternate eligible property; and
(3)
Not acquire, rehabilitate, convert, lease, repair or carry out construction , nor commit
or expend HUD or non -HUD funds for these program activities with respect to any
eligible project until HUD approval of the project is received.
b) If the grantee [called a "recipient" in 24 CFR 58.2(a)(5)], or a responsible entity [see 24
CFR 58.2(a)(7)] on behalf of the grantee, under the Lead -Based Paint Hazard Control
Grant Program (including a new grant or a Lead -Based Paint Hazard Control Competitive
Performance -Based Renewal category grant), or Lead Hazard Reduction Demonstration
Grant Program, carries out the environmental review requirements under 24 CFR part 58,
the grantee shall:
(1)
Submit the Certification / Request for Release of Funds (form HUD 7015.15),
including the public Notice of Intent / Request for Release of Funds and related
environmental review prepared by the responsible entity; or
(2) Submit the relevant environmental review documentation by the responsible entity
for HUD approval when the project is either Categorically Excluded, not subject to
the related Federal laws and authorities pursuant to 24 CFR 58.35(b), or exempt
pursuant to 24 CFR 58.34; and
(3)
Not acquire, rehabilitate, convert, lease, repair or carry out construction, nor commit
or expend HUD or non -HUD funds for these program activities until HUD has either
approved the Request for Release of Funds or other applicable environmental
review.
c) A grantee under the Healthy Homes Technical Studies, Lead Technical Studies, or Lead
Outreach Grant Program is categorically excluded from the requirements of the National
Environmental Policy Act of 1969 [see 24 CFR 58.35] and is not subject to
environmental review under the related laws and authorities.
OM Approval No.2501.0017
Grant Application Detailed Bud&et Worksheet .01g1n00B)
Name and Address of Applicant:
Environmental Health Coalition
401 Mile of Cars Wav Suite 310
National City. CA 91950
Category Detailed Description of Budget (for full grant period)
1. Personnel (Direct Labor)
Estimated
Hours
Rate per
Hour
Estimated Coatiitl HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
Local/Tribal
Share
Other
Program
income
Position or Individual
Project Director (.1 FTEI
62000
27.06
16,385.44; .: 16.885.44
Outreach Director (.3 FTE)
1,872.00
22.50
42.120.00 42.120.00
Promotora Coordinator (.4 FTE)
2.436.00
16.73
41,753.08 ii';i 31.318.56
10,439.52
Proiect Assistant (.1 FTE)
624.00
13.06
10.021.44 %
10.021.44
0.00 ., if
0.00 ::?::
0.00
a00
he
0.00 ;
Total Direct Labor Cost
'%'h%>%:'::?:':'s,%'s?%F3i'%•',.5:z;
110,784.96' % 90,324.00
10,021.44
10,439.52
0.00
0.00
0.00
0.00
0.00
2. Fringe Benefits
Rate (%)
Base
,
Estimated Cost);<% HUD Share
Applicant
• Match
Other
HUD
Funds
Other
Federal
Share
State Share
LocaVTrbal
Share
Other
Program
Income
Proiect Director
0.27
16.885,41
4,559.07 i % 4.653.07
Outreach Director
0.27
42.120.00
11.372.40 }f' 11.372,40
Promotora Coordinator
0.27
41,758.08
11,274.88 j 8458.01
2.818.67
Project Assistant
0.27
10.02144
2.705.74W
Z705.79
;.:
0.00':$
a96 •' S<
Total Fringe Benefits Cost
. , :':,t : y [
;'i:'';` 5i 3 ;:^j
29,911.94 in 24,387.48
2,705,79
2,818.67
0.00
0.00
0.00
0.00
0.00
3. Travel i'';'
3a. Transportation - Local Private Vehicle
Mileage
Rate per
Mile
:i<
s:> .>
Estimated Cost[; 5, HUD Share
Applicant
Match
Other
HUD
Funds
other
Federal
Share
State Share
Local/Tribal
Share
Other
Program
Income
Outreach Director
3,000.00
0.42
1,245.00 5 1,000.00
245.00
Promotora Coordinator
3.000.00
0.42
1.245.00 ) 1.000.00
245.00
0.00 ::st
0.o0iPli
Subtotal - Trans - Local Private Vehicle
it .lj' / ' .11.
MSOM
2,400,00 gi 2,000.00
0.00
490.00
0.00
0.00
0.00
0.00
0.00
loam HU(7d2.44:8w R220051
Z ZHaWH01s1V
Grant Application Detailed Budget Worksheet
Detailed Description of Budget
3b. Transportation -Airfare (show destination)
Trips
Fare
Pi
l:a
Estimated Cost HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
Local/Tribal
Share
Other
Program
Income
0.00 ip
0.00 0
0.00 0i
an° lia
0.00-la
o.00 0
Subtotal - Transportation - Airfare
MAWR
00:'4:inr9
0.00 :i:,..g.. 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
3c. Transportation - Other
Quantity
Unit Cost
er
Estimated Costiili?: HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
LocaUTribal
Share
Other
Program
Income
0.00 M
soo x.p
0.00 P.r
0.00
0.00
0.00 VI
Subtotal - Transportation - Other
'..M:.%.l',M%:
ingW:lilM
0.00 M 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
3d. Per Diem or Subsistence (indicate location)
Days
Rate per
Day
Estimated Coat
0
'ir.t,
A
HUD ,tf. HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
Local/Tribal
Share
Other
Program
Income
0.00
0.00 Ni
0.00 ia
0.00 l'ali
0.00 lig
Subtotal - Per Diem or Subsistence
.':"'34lNglln
li]Maigl.11
0.00 Mi 0.00
0.00
0.00
0.0D
0.00
0.00
0.00
0.00
Total Travel Cost
Annigig
;:;NOfggi%ii
2,49000 .M 2,000.00
0.00
490.00
0.00
0.00
0.00
0.00
0.00
4. Equipment (Only items over $5,000 Depreciated value
Quantity
Unit Cost
gilli
Estimated Costa HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
Localaribal
Share
Other
Program
Income
0.00 1:il.it
o.o0 'iN
0.00 pi
0.00
Total Equipment Cost
Migani.'.
aaNg?:.
0.00 rn 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
2
form HUD -CA -COW (2/2003)
Grant Application Detailed Budget Worksheet
Detailed Description of Budget
5. Supplies
and Materials (items under $5,000 Depreciated Value) <I
5a, Consumable Supplies
PP
Quantity
Unit Cost
t #<
Estimated Costj( HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
Local/Tribal
Share
Other
Program
Income
Roach Traps (cases)
39.05
110.00
4,290.00 '. 4,260.00
Carbon Monoxide Monitors
490.00
9.60
4.656AO '(S$ 4,655,00
Office Supplies ($50/month)
36.00
50.00
1.10o00 ski 150000
300.00
Lead Testing materials (per unit)
480.00
3.06
140640
0000
1,376A0
Cleaning kits
49000
2.50
1,200.00 i 1.200,00
Outreach materials
600.00
lA0
•1
600.00 �3•:„.. 300.00
NOM
Training materials (per training)
12.00
100.00
120000 <. 100000
200p0
Subtotal- Consumable Supplies
`i.>t""
Es'"
15,211.40 #'s> 12,945.00
90.00
2,176.40
0.00
0.00
0.00
0.00
0.00
5b, Non -Consumable Materials
Quantity
Unit Cost
: "#z
s,;,
Estimated Cost:Ri HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
LocaUTribal
Share
Other
Program
Income
0.00 i•%:<
0.00 z'f
0.06 #
0.00 °"
0.00f::<%
x:
0.00y:
Subtotal - Non -Consumable Materials
3:0,1i' f,R
iltaNiiire
0.00 0.00
0.00
0.00
0.00
0.00
0.00
0.00
a00
Total Supplies and Materials Cost
:,: yen
, • ::5��..-:�:.;;
...'Y.z%:.ii::;.:.
MOON
ry: j/+{i:.%ni%�J
... �.;,:;;:;:.`'i.�§:;:::
1•
15.211.40� 12.945.00
80.00
2.178.40
0.00
0.00
0.00
0.00
0.00
6. Consultants (Type)
Days
Rate per
Day
'''
`"''
Estimated Cost)HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
Local/Ttibal
Share
Other
Program
Income
0.00 Ui
0.00
0.00
0A0 ?%::
Total Consultants Cost
SWOON
N.:g;M
0.00 >i:`: 0.00
0.00
O.00
0.00
0.00
0.00
0.00
0:00
7. Contracts and Sub -Grantees (List individually)
Quantity
Unit Cost
' !#
:�
Estimated Costiim HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
Local/Tribal
Share
Other
Program
Inmate
Lead sample analysis
2.250.00
15.00
r.
33.750.00 i ri 16.000.00
17.750.00
Promotoras (12 per month for 34 months)
a00
4.696.00
14.688.00 ;:fs' 14,806.00
:
0.00 :+12.
0.00
}
TotalSubcontracts Cost d'
'j.:Fitii:v ;;:•;:syiiiiii:;ii
%gl.Mg j: ;i i
.,iic,;' ai
S
48,438.00 A 30,688.00
0.00
17,750.00
0.00
0.00
0.00
0.00
0.00
ram HUD.4244BW (212003)
Grant Application Detailed Budget Worksheet
Detailed Description of Budget
8. Construction Costs M
8a. Administrative and legal expenses
Quantity
Unit Cost
OA
0-,
..4
Estimated Colit HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
Locataribal
Share
Other
Program
income
....?.:
0.00 pi
0.00
ibil
coo
0.00 i;:j
°°°1::".
Subtotal - Administrative and legal expenses
PAMMMUEn
0.00 a 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
8b. Land, structures, rights -of way, appraisal, etc
Quantity
Unit Cost
Estimated Cost HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
Local/Tribal
Share
Other
Program
Income
0.00 a
0.00 im
0.00 ali
Subtotal - Land, structures, rights-ofway, ...
-i]ia.:MSga
EEMEN
0.00 M 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
8c. Relocation expenses and payments
Quantity
Unit Cost
SEP
,.......
Estimated Costq HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
LocaUTribal
Share
Other
Program
Income
coo N
:....
0.00
0.00 a
0.00
ow n
Subtotal - Relocation expenses and payments
'].RE:':::?]PIEM04
0.00 s.i: 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
8d. Architectural and engineering fees
Quantity
Unit Cost
0
Estimated Coate HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
Local/Tribal
Share
Other
Program
Income
0.00
pee
0.00
oeo
Imo li4
Subtotal - Architectural and engineering fees
.::.5.:' V ...,..
ROM
0.00 ii,4 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
8e. Other architectural and engineering fees
Quantity
Unit Cost
a
Estimated Cost, HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
LocaUTribal
Share
Other
Program
Income
0.00 u,
'1°'
0.00 ni
0.00 a
0.00 el
Subtotal - Other architectural and engineering fees
I.SaMai..1-! :.:.aagai.' :'
0.00 '....A 0.00
0.00
0.00_ 0.00
0.00
0.00
0.00
0.00
• bon HU0-624428W(2/2003)
Grant Application Detailed 13ud*et
Worksheet
8f. Project inspection fees
Quantity
Unit Cost
.;,..
Estimated Costl HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
LocaItTitad
Share
Other
Program
Income
0.00
o.00 '•;•.'i
o.00 ig:;iii
Subtotal - Project inspection fees
EMBi%)1KORM
0.00 l,lIll 0-00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
89. Site work
Quantity
Unit Cost
..".::'
A.,••
Estimated Coati% HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
Local/Tribal
Share
Other
Program
Income
0.00 M,
o.00
0.00
Subtotal - Site work
.M.4li]ilMl:$:Olnigli
0.00 0.00
........
0.00
0.00
0.00
0.00
0.00
0.00
MOO
8h. Demolition and removal
Quantity
Unit Cost
Estimated Coat.HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
Local/Tribal
Share
Other
Program
Income
Too
croo
o.00 a
Subtotal - Demolition and removal
al:a.,:..:;.
.i.aglala
0.00 li:.; 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
8i. Construction
Quantity
Unit Cost
IN
Estimated Cost.1 HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
Local/Tribal
Share
Other
Program
Income
Dm ,..,:,.•.i;i
0.00
°M
Subtotal - Construction
.ilgagaili
l.i.jilialag..g
0.00 ll.lig 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
8j. Equipment
Quantity
Unit Cost
g.i
Estimated Cost iiigii HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
I v-staribal
Share
Other
Program
Income
'la'
0.00 a
0.00 0*0
0.00 a
Subtotal - Equipment
BORON
4.11Ngl:tl:'g.":
0.00 'ra 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Bk. Contingencies
Quantity
Unit Cost
il
Estimated Cost. HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
LocaVTribal
Share
Other
Program
Income
0.m in
o.00 M
0,00
Subtotal - Contingencies
RiiineAg
=PIM
000 rig 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
81. Miscellaneous
Quantity
Unit Cost
igl
nr
Estimated Cost' HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
Local/Tribal
Share
Other
Program
Income
...5'....
o.oa m
om i''.g
o.00 q
Subtotal - Miscellaneous grat.'41:SVIS 0.00 io 0.00
0.00
0.00
OA
0.00
0,00
0.00
0.00
Total Construction Costs gairAt.4.01M o.00 gii 000
000
000
0.00
0.00
0.00
0.10
0.00
Grant Application Detailed Budget Worksheet
9. Other Direct costs
Quantity
Unit Coat
';f.....1
Estimated Costei:j HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
Stale Share
Load/Tribal
Share
Other
Program
Income
v:
Item
eao
sap WO
coo
0.°D .1.5i
'MR
0.00
OM
'W ig
0•0° ig:
0.00
0.00
u°
::::::i..:*:...,.*:::::::: 0.00 i::f.',:;] 0.00
Total Other Direct Costs ,,,,,c,.,,,,,,.:::c.f..i,..;,,,,,,,...:2_
0.00
0.00
0.00
0.00
0.00
0.00
0.00
rfn
Subtotal of Direct its P...'...1..40,MrMiniiiM 206,836.30 gI., 160,344.48 12,817.23j 33,674.59j 0.00 0.00 0.00 0.00 0.00
10. Indirect Costs
Rate
Base
..
Estimated CosOtil HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
Localffribal
Share
Other
Program
Income
Type
Overhead
022
158288.30
35• 322.82 M 26 913.82
:,
Leslie('
3.5.51.00
0 00 M
°•eri
0.00
"° W
'I® FA
0.00 Ms,
°•W i
Total Indirect Costs
Oit',iiIMrAK.L.4?:::iii4Ittit.iiNid
35,322.821M 28,913.82
2,858.00
3,551.00
090
0.00
0.00
0.00
0.00
Total Estimated Costs
-44, ;:,
ig.lilltig.Vd
op...5;vo, 189,258.30
tU,sid..i10;1242,159.12 RI
15,675.23
37,225.59
0.00
0.00
0.00
0.00
0.00
6
form HUD412443911112/2803)
OMB Approval No. 2501-0017
Gran
---_ --—...,�..........�..��. tcxp.uusvzuun)
Detailed Description of Budget
Ana
ysis of Total Estimated Costs
Estimated Cost
Percent of Total
1
Personnel (Direct Labor)
110,784.96
45.75%
2
Fringe Benefits
29,911.94
12.35%
3
Travel
2,490.00
1.03%
4
Equipment
0.00
0.00%
5
Supplies and Materials
15,211.40
6.28%
6
Consultants
0.00
0.00%
7
Contracts and Sub -Grantees
48,438.00
20.00%
8
Construction
0.00
0.00%
9
Other Direct Costs
0.00
0.00%
10
Indirect Costs
35,322.82
14,59%
T
Total:
242,159.12
100.00%
HUD Share:
189,258.30
78.16%
Match (Expressed as a percentage of the Federal Share):
15,675.23
8.28%
7
form HUD4424-CBW (2/2003)
RESOLUTION 2005 — 252
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH ENVIRONMENTAL HEALTH COALITION
IN THE AMOUNT OF $189,258 TO PROVIDE OUTREACH FOR
HEALTHY HOMES INSPECTIONS IN THE TARGET AREA
WEST OF 1-805 FOR THE HUD HEALTHY HOMES GRANT
WHEREAS, the City desires to employ a contractor to provide outreach for
Healthy Homes inspections in the target area west of 1-805 for the HUD Healthy Homes Grant;
and
WHEREAS, the City has determined that Environmental Health Coalition is a
non-profit corporation, and is qualified by experience and ability to perform the services desired
by the City, and Environmental Health Coalition is willing to perform such services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an agreement with Environmental Health
Coalition in the amount of $189,258 to provide outreach for Healthy Homes inspections in the
target area west of 1-805 for the HUD Healthy Homes Grant. Said Agreement in on file in the
office of the City Clerk.
PASSED and ADOPTED this 6th day of December, 2005.
ATTEST:
A
Mic -el R. Dalla City Clerk
APPROVED AS TO FORM:
George H. iser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on
December 6, 2005, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of National City, California
4
City Clerk of the Cify glf National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2005-252 of the City of National City, California, passed and
adopted by the Council of said City on December 6, 2005.
City Clerk of the City of National City, California
By:
Deputy
FETING DATE December6,
City of National City, California
COUNCIL AGENDA STATEMENT
2005
5
AGENDA ITEM NO.
(-ITEM TITLE
PREPARED BY
EXPLANATION
Resolution of the City Council of the City of National City authorizing the Mayor to
execute an agreement with the Environmental Health Coalition in the amount of
$189,258 to perform Healthy Homes inspections in the target area west of I-805 for the
HUD Healthy Homes grant, DEPARTMENT 4213
Building & Safety
Kathleen Trees
On November 1, 2005 the City of National City was awarded $996,495 in grant funds
from the U.S. Department of Housing and Urban Development (HUD) to perform
Healthy Homes inspections in the target area west of I-805. The Healthy Homes
inspections will include inspecting units for indoor environmental health violations in
addition to the inspections performed by the City's housing inspectors.
As a sub -grantee, the Environmental Health Coalition will be responsible for program
outreach. The EHC will provide the program brochure and distribute it to residents.
In addition, they will collect application information and determine and applicants
eligibility. The EHC promotoras will be trained to make an initial assessment of the
housing unit for lead, cockroaches, carbon monoxide and mold and mildew prior to
assigning the unit to the City and PVH inspectors. The promotoras will also make
follow-up visits to educate the tenants on how to prevent the recurrence of hazards.
Environmental Review __
Financial Statement
Funds will come from the HUD Healthy Homes grant award.
Account No.
STAFF RECOMMENDATION
«thL)
03tti-g-Lt_42)
Adopt the Resolution
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below )
Resolution
Contract
Resolution No. (2��
A-200 (9/80)
RESOLUTION 2005 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH ENVIRONMENTAL HEALTH COALITION
IN THE AMOUNT OF $189,258 TO PROVIDE OUTREACH FOR
HEALTHY HOMES INSPECTIONS IN THE TARGET AREA
WEST OF 1-805 FOR THE HUD HEALTHY HOMES GRANT
WHEREAS, the City desires to employ a contractor to provide outreach for
Healthy Homes inspections in the target area west of 1-805 for the HUD Healthy Homes Grant;
and
WHEREAS, the City has determined that Environmental Health Coalition is a
non-profit corporation, and is qualified by experience and ability to perform the services desired
by the City, and Environmental Health Coalition is willing to perform such services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an agreement with Environmental Health
Coalition in the amount of $189,258 to provide outreach for Healthy Homes inspections in the
target area west of 1-805 for the HUD Healthy Homes Grant. Said Agreement in on file in the
office of the City Clerk.
PASSED and ADOPTED this 6th day of December, 2005.
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Nick Inzunza, Mayor
AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
ENVIRONMENTAL HEALTH CORPORATION
THIS AGREEMENT is entered into this 15th day of November, 2005, by
and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and
the Environmental Health Coalition, a non-profit corporation (the "CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to provide
outreach for healthy homes inspections.
WHEREAS, the CITY has determined that the CONTRACTOR is a
non-profit corporation and is qualified by experience and ability to perform the services
desired by the CITY, and the CONTRACTOR is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the
services hereinafter set forth in accordance with all terms and conditions contained
herein.
The CONTRACTOR represents that all services required hereunder will
be performed directly by the CONTRACTOR or under direct supervision of the
CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services
as set forth in the attached Exhibit "A".
The CONTRACTOR shall be responsible for all research and reviews
related to the work and shall not rely on personnel of the CITY for such services, except
as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings
cited in Exhibit "A" to keep staff and City Council advised of the progress on the project.
The CITY may unilaterally, or upon request from the CONTRACTOR, from time
to time reduce or increase the Scope of Services to be performed by the
CONTRACTOR under this Agreement. Upon doing so, the CITY and the
CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction or increase in the compensation associated with said change
in services, not to exceed a factor of 0% from the base amount.
Revised April 2005
3. PROJECT COORDINATION AND SUPERVISION.
Kathleen Trees hereby is designated as the Project Coordinator for the
CITY and will monitor the progress and execution of this Agreement. The
CONTRACTOR shall assign a single Project Director to provide supervision and have
overall responsibility for the progress and execution of this Agreement for the CONTRA-
CTOR. Leticia Ayala thereby is designated as the Project Director for the
CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed.
Billings shall include labor classifications, respective rates, hours worked and also
materials, if any. The total cost for all work described in Exhibit "A"shall not exceed the
schedule given in Exhibit. "B" (the Base amount) without prior written authorization from
the Project Director.. Monthly invoices will be processed for payment and remitted
within thirty (30) days from receipt of invoice, provided that work is accomplished
consistent with Exhibit "A"as determined by the CITY.
The CONTRACTOR shall maintain all books, documents, papers,
employeetime sheets, accounting records, and other evidence pertaining to costs
incurred and shall make such materials available at its office at all reasonable times
during the term of this Agreement and for three (3) years from the date of final payment
under this Agreement, for inspection by the CITY and for fumishing of copies to the
CITY, if requested.
5. LENGTH OF AGREEMENT. Completion dates or time durations
for specific portions of the Project are set forth. in Exhibit "C".
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents
prepared by the CONTRACTOR for this Project, whether paper or electronic, shall
become the property of the CITY for use with respect to this Project, and shall be
turned over to the CITY upon completion of the Project, or any phase thereof, as
contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR
hereby assigns to the CITY and CONTRACTOR thereby expressly waives and
disclaims, any copyright in, and the right to reproduce; all written material, drawings,
plans, specifications or other work prepared under this agreement, except upon the
CITY's prior authorization regarding reproduction, which authorization shall not be
unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute
any further document(s) necessary to further effectuate this waiver and disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter,
reproduce, modify, assign, transfer, or in any other way, medium or method utilize the
CONTRACTOR's written work product for the CITY's purposes;.„pnd the
CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil
Code Sections 980 through 989 relating to intellectual property and artistic works.
2 Revised April 2005
Any modification or reuse by the CITY of documents, drawings or
specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from
liability under Section 14 but only with respect to the effect of the modification or reuse
by the CITY, or for any liability to the CITY should the documents be used by the CITY
for some project other than what was expressly agreed upon within the Scope of this
project, unless otherwise mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as
agents, employees, partners or joint venturers with one another. Neither the
CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and
are not entitled to any of the rights, benefits, or privileges of the CITY's employees,
including but not limited to retirement, medical, unemployment, or workers'
compensation insurance.
This Agreement contemplates the personal services of the
CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the
parties that a substantial inducement to the CITY for entering into this Agreement was,
and is, the professional reputation and competence of the CONTRACTOR and its
employees. Neither this Agreement nor any interest herein may be assigned by the
CONTRACTOR without the prior written consent of the CITY. Nothing herein contained
is intended to prevent the CONTRACTOR from employing or hiring as many
employees, or subcontractors, as the CONTRACTOR may deem necessary for the
proper and efficient performance of this Agreement. All agreements by CONTRACTOR
with its subcontractor(s) shall require the subcontractor to adhere to the applicable
terms of this Agreement.
8. CONTROL. Neither the CITY nor its officers, agents or employees
shall have any control over the conduct of the CONTRACTOR or any of the
CONTRACTOR's employees except as herein set forth, and the CONTRACTOR
expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's
agents, servants, or employees are in any manner agents, servants or employees of
the CITY, it being understood that the CONTRACTOR, its agents, servants, and
employees are as .to the CITY wholly independent contractors and that the
CONTRACTOR's obligations to the CITY are solely such as are prescribed by this
Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in
the performance of the services to be provided herein, shall comply with all applicable
State and Federal statutes and regulations, and all applicable ordinances, rules and
regulations of the City of National City, whether now in force or subsequently enacted.
The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current
City of National City business license prior to and during performance of any work
- - ,ursuant to this Agreement.
m-�
3 Revised April 2005
10. LICENSES. PERMITS. ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever
nature that are legally required to practice its profession. The CONTRACTOR.
represents andcovenants that the CONTRACTOR shall, at its sole cost and expense,
keep in effect at all times during the term of this Agreement, any license, permit, or
approval which is legally required for the CONTRACTOR to practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the CONTRACTOR'S trade or profession currently
practicing under similar conditions and in similar locations. The CONTRACTOR shall
take all special precautions necessary to protect the CONTRACTOR's employees and
members of the public from risk of harm arising out of the nature of the work and/or the
conditions of the work site.
B. Unless disclosed in writing prior to the date of this
agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the
five (5) years preceding, been debarred by a governmental agency or involved in
debarment, arbitration or litigation proceedings concerning the CONTRACTOR's
professional performance or the furnishing of materials or services relating thereto.
C. The CONTRACTOR is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success
of the project the CONTRACTOR has been retained to perform, within the time
requirements of the CITY, or, when no time is specified, then within a commercially
reasonable time. Accordingly, unless the CONTRACTOR hasnotified the CITY
otherwise, the CONTRACTOR warrants that all products, materials, processes or
treatments identified in the project documents prepared for the CITY are reasonably
commercially available. Any failure by the CONTRACTOR to use due diligence under
this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased
costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time
frame specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall
not discriminate against any employee or applicant for employment because of age,
race, color, ancestry, religion, sex, sexual orientation, marital status, national origin,
physical handicap, or medical condition. The CONTRACTOR will take positive action to
insure that applicants are employed without regard to their age, race, color, ancestry,
religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. Such action shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous
places available to employees and applicants for employment any notices provided by
the CITY setting forth the provisions of this non-discrimination clause. m,
4 Revised April 2005
13. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The
CONTRACTOR shall treat all such information as confidential and shall not disclose
any part thereof without the prior written consent of the CITY. The CONTRACTOR
shall limit the use and circulation of such information, even within its own organization,
to the extent necessary to perform the services to be provided herein. The foregoing
obligation of this Section 13, however, shall not apply to any part of the information that
(i) has been disclosed in publicly available sources of information; (ii) is, through no
fault of the CONTRACTOR, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONTRACTOR without any
obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof
has been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder,
the CONTRACTOR shall comply with all legal obligations it may now or hereafter have
respecting the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any damages caused by
breach of this condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR
agrees to defend, indemnify, and hold harmless the City of National City, its officers and
employees, against and from any and all liability, loss, damages to property, injuries to,
or death of any person or persons, and all claims, demands, suits, actions,
proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature,
including workers' compensation claims, of or by anyone whomsoever, resulting from or
arising out of the CONTRACTOR's negligent performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of
the State of California, the applicable provisions of Division 4 and 5 of the California
Government Code and all amendments thereto; and all similar state or Federal acts or
laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and
employees from and against all claims, demands, payments, suits, actions,
proceedings and judgments of every nature and description, including reasonable
attorney's fees and defense costs presented, brought or recovered against the CITY or
its officers, employees, or volunteers, for or on account of any liability under any of said
acts which may be incurred by reason of any work to be performed by the
CONTRACTOR under this Agreement.
16. INSURANCE. The CONTRACTOR, at its sole cost and expense,
shall purchase and maintain, and shall require its subcontractors, when applicable, to
5 Revised April 2005
purchase and maintain throughout the term of this agreement, the following insurance
policies:
❑ A. If checked, Professional .Liability Insurance (errors and omissions)
with minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property
damage incurred during the performance of this Agreement, with a minimum coverage
of $1,000,000 combined single limit per accident. Such automobile_ insurance shall
include non -owned vehicles.
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property
damage arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of CONTRACTOR's
employees.
E. The aforesaid policies shall constitute primary insurance as to the
CITY, its officers, employees, and volunteers, so that any other policies held by the
CITY shall not contribute to anyloss under said insurance. Said policies shall provide
for thirty (30) days prior written notice to the CITY of cancellation or material change.
F. Said .policies, except for the professional liability and worker's
compensation policies, shall name the CITY and its officers, agents and employees as
additional insureds.
G. If required insurance coverage is provided on a "claims made"
rather than "occurrence" form, the CONTRACTOR shall maintain such insurance
coverage for three years after expiration of the term (and any extensions) of this Agree-
ment.
ment.
H. Any aggregate insurance limits must apply solely to this Agree-
I. Insurance shall be written with only California admitted companies
which hold a current policy holder's alphabetic and financial size category rating of not
less than A VIII according to the current Best's Key Rating Guide, or a company equal
financial stability that is approved by the City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with
and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of
such insurance policies in full force and effect at all times during the terms of this
Agreement, the CITY may elect to treat the failure to maintain the requisite insurance
as a breach of this Agreement and terminate the Agreement as provided herein.
17. LEGAL. FEES. If any party brings a suit or action against the other
party arising from any breach of any of the covenants or agreements or any
inaccuracies in any of the representations and warranties on the part of the other party
arising out of this Agreement, then in that event, the prevailing party in such action or
dispute, whether by final judgment or out -of -court settlement, shall be entitled to have
and recover of and from the other party all costs and expenses of suit, including
attorneys' fees.
For purposes of determining who is to be considered the prevailing party,
it is stipulated that attorney's fees incurred in the prosecution or defense of the action or
6 Revised April 2005
suit shall not be considered in determining the amount of the judgment or award.
Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited
to the amount of attorney's fees incurred by the CITY in its prosecution or defense of
the action, irrespective of the actual amount of attorney's fees incurred by the prevailing
party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates
to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to
settle the dispute by mediation in San Diego, California, in accordance with the
Commercial Mediation Rules of the American Arbitration Association (the "AAA") before
resorting to arbitration. The costs of mediation shall be borne equally by the parties.
Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof,
which is not resolved by mediation shall be settled by arbitration in San Diego,
California, in accordance with the Commercial Arbitration Rules of the AAA then
existing. Any award rendered shall be final and conclusive upon the parties, and a
judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the
parties to the arbitration, provided that each party shall pay for and bear the costs of its
own experts, evidence and attorneys' fees, except that the arbitrator may assess such
expenses or any part thereof against a specified party as part of the arbitration award.
19. TERMINATION. A. This Agreement may be terminated with or
without cause by the CITY. Termination without cause shall be effective only upon 60-
day's written notice to the CONTRACTOR. During said 60-day period the
CONTRACTOR shall perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY
for cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance
of services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONTRACTOR, whether paper or electronic, shall immediately become the property of
and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of the Notice of Termination, not to exceed
the amounts payable hereunder, and less any damages caused the CITY by the
CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall
vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR;
(2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the
CONTRACTOR.
20. NOTICES. All notices or other communications required or
permitted hereunder shall be in writing, and shall be personally delivered; or sent by
7
Revised April 2005
overnight mail (Federal Express or the like); or sent by registered or certified mail,
postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or
telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall
be deemed received upon the earlier of (i) if personally delivered, the date of delivery to
the address of the person to receive such notice, (ii) if sent by overnight mail, the
business day following its deposit in such overnight mail facility, (iii) if mailed by
registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office, mailbox, mail
chute, or other like facility regularly maintained by the United States Postal Service, (iv)
if given by telegraph or cable, when delivered to the telegraph company with charges
prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice,
request, demand, direction or other communication delivered or sent as specified above
shall be directed to the following persons:
To the CITY:
Kathleen Trees
City of National City
1243 National City Boulevard
National City, CA 91950-4301
To the CONTRACTOR: Diane Takvorian, Executive Director
Environmental Health Coalition
401 Miles of Cars Way, Suite 310
National City, CA 91950
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver
because of changed address of which no notice was given shall be deemed to
constitute receipt of the notice, demand, request or communication sent. Any notice,
request, demand, direction or other communication sent by cable, telex, telecopy,
facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or
delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not
perform services of any kind for any person or entity whose interests conflict in any way
with those of the City of National City. The CONTRACTOR also agrees not to specify
any product, treatment, process or material for the project in which the CONTRACTOR
has a material financial interest, either direct or indirect, without first notifying the CITY
of that fact. The CONTRACTOR shall at all times comply with the terms of the Political
Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall
immediately disqualify itself and shall not use its official position to influence in any way
any matter coming before the CITY in which the CONTRACTOR has a financial interest
as defined in Government Code Section 87103. The CONTRACTOR represents that it
has no knowledge of any financial interests that would require it to disqualify itself from
any matter on which it might perform services for the CITY.
8 Revised April 2005
❑ If checked, the CONTRACTOR shall comply with all of the
reporting requirements of the Political Reform Act and the National City Conflict of
Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic
Interests with the City Clerk of the City of National City in a timely manner onforms
which the CONTRACTOR shall obtain from the City Clerk.
The CONTRACTOR shall be strictly liable to the CITY for all damages,
costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by
the CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided
for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday,
then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next
day which is not a Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or
subsections of this Agreement are solely for the convenience of the parties hereto, are
not a part of this Agreement, and shall not be used for the interpretation or
determination of the validity of this Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly
provided herein, the execution and delivery of this Agreement shall not be deemed to
confer any rights upon, or obligate any of the parties hereto, to any person or entity
other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached
hereto are hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may
not be modified or amended except by an instrument in writing executed. by each of the
parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or
any other provision hereof.
H. Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of California.
Entire Agreement. This Agreement supersedes any prior agree-
ments, negotiations and communications, oral or written, and contains the entire
agreement between the parties as to the subject matter hereof. No subsequent
agreement, representation, or promise made by either party hereto, or by or to an
employee, officer, agent or representative of any party hereto shall be of any effect
unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon
and shall inure to the benefit of the successors and assigns of the parties hereto.
K Construction. The parties acknowledge and agree that (i) each
party is of equal bargaining strength, (ii) each party has actively participated in the
drafting, preparation and negotiation of this Agreement, (iii) each such party has
9 Revised April 2005
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
consulted with or has had .the opportunity to consult with its own, independent counsel
and such other professional advisors as such party has deemed appropriate, relative to
any and all matters contemplated under this Agreement, (iv) each party and such
party's counsel and advisors have reviewed this Agreement, (v) each party has agreed
to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in the interpretation of this Agreement, or any portions
hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date and year first above written.
CITY OF NATIONAL CITY
ENVIRONMENTAL HEALTH COALITION
(Corporation - signatures of two corporate officers)
(Partnership - one signature)
(Sole pro rietorship - one signature)
By: By: V I4
Nick Inzunza, Mayor (Name)
� L7 4 e ter' Y
(Title)
By: AjL17
(Name)
(0 --i-Or-
(Title)
10
Revised April 2005
EXHIBIT A
SCOPE OF SERVICES
101. Provide education, outreach and recruitment for healthy homes inspections in
the areas west of interstate 805.
a. Education:
1. Develop a program logo and produce 1,000 copies of a brochure
explaining the benefits and eligibility requirements of the program.
The brochure will be in English and Spanish and will be made
available to the residents of National City in public places such as the
library.
2. Hold quarterly training seminars for residents.
3. Provide in -home training when necessary.
b. Outreach:
1. Distribute program brochures door-to-door to 600 units in the program
areas.
2. Attend 2 health fairs in National City each year and the annual St
Anthony's Church Fair.
c. Recruitment:
1. Provide application forms and eligibility forms and help
tenants/residents complete them.
2. Perform 150 initial environmental assessments for lead, cockroaches,
carbon monoxide and mold and mildew using protocols developed by
the Community Environmental Health Resource Center.
3. Perform follow-up visits after control work has been done and
administer a short evaluation and assessment.
102. Attend quarterly advisory meetings and monthly meetings with the City and
EHC.
103. Provide monthly progress reports
EXHIBIT B
COST SCHEDULE
201. The total compensation for all services performed pursuant to this Agreement
shall not exceed the sum of ONE HUNDRED EIGHTY-NINE THOUSAND
TWO HUNDRED FIFTY-EIGHT dollars ($189,258) in Federal Funds.
Contractor's matching funds in the form of in kind services, shall not be less
than FIFTEEN THOUSAND SIX HUNDRED SEVENTY FIVE ($15,675).
202. The CONTRACTOR acknowledges that the City is under no obligation to
compensate the CONTRACTOR for services rendered or expenses accrued
under this Agreement in excess of the maximum compensation specified above.
It shall be the responsibility of the CONTRACTOR to monitor its activities to
ensure that the scope of services specified in Exhibit 1 may be completed and
no charges accrued in excess of the maximum compensation during the term of
this Agreement.
203. It is expressly understood that any expenditures by the CONTRACTOR which
are not within the prescribed limitations of this paragraph and Exhibit 1 and
applicable laws, rules, and regulations governing this Agreement are not
chargeable to this Agreement.
204. Following execution of the HUD Agreement (Attachment 1), this Agreement
and the Request for Release of Funds, the CONTRACTOR may submit a
request for funds to the City specifying the amount due for services performed
by the CONTRACTOR. Each request shall: 1) describe the services performed
in detail, 2) indicate the amount of federal and matching funds charged by line
item on Attachment 2 and 3) include adequate and appropriate documentation
for the expenses claimed.
EXHIBIT C
Length of Agreement
301. All services required pursuant to this Agreement shall commence effective as of
the date the Agreement is fully executed and shall terminate on October 31,
2008.
ATTACHMENT 1
HOUSING AND URBAN DEVELOPMENT,
OFFICE OF HEALTHY HOMES AND LEAD HAZARD
CONTROL
GRANT PROGRAMS
GRANT AGREEMENT PROVISIONS
(FISCAL YEAR 2005)
SCHEDULE OF ARTICLES
1. DEFINITIONS
2. SCOPE OF WORK (COST -REIMBURSEMENT)
3. PERIOD OF PERFORMANCE
4. ** GRANTEE CERTIFICATION PROGRAM REQUIREMENTS (SPECIAL CLAUSE)
5. CONDUCT OF WORK
6. KEY PERSONNEL
7. HUD'S RIGHT TO AUDIT AND DISALLOW OR RECOVER EXPENDITURES
8. PROGRAM INCOME
9. INDIRECT COSTS
10. AMOUNT OF COST SHARE (ESTIMATED COST AND PAYMENT - MATCHING)
11. BUDGET
12. ADVANCE PAYMENT BY TREASURY CHECK OR ELECTRONIC FUNDS
TRANSFER
13. ESTIMATED COST AND PAYMENT - LINE OF CREDIT CONTROL SYSTEM
(LOCCS)
14. CERTIFICATION REGARDING PARTIES EXCLUDED FROM PROCUREMENTS
15. REVIEW OF DELIVERABLES INSPECTION AND ACCEPTANCE
16. COLLECTION OF DATA
17. LIMITATION ON CONSULTANT PAYMENTS
18. PUBLICATIONS AND NEWS RELEASES
19. REPRODUCTION OF REPORTS
20. PATENT RIGHTS (SMALL BUSINESS FIRMS AND NONPROFIT ORGANIZATIONS)
21. LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (OVER $100,000)
22. PROJECT MANAGEMENT SYSTEM
23. EQUIPMENT
24. AMENDMENTS
25. CHANGES
26. DISPUTES
27. ORDER OF PRECEDENCE
28. OTHER ADMINISTRATIVE PROVISIONS
29. UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE
AGREEMENTS
30. CERTIFICATION PROHIBITING EXCESSIVE FORCE AGAINST NON-VIOLENT
15
CIVIL RIGHTS DEMONSTRATORS
31. ** SPECIAL CONDITIONS CLAUSES FOR LEAD BASED PAINT HAZARD
EVALUATION OR CONTROL ACTIVITIES
32. ENVIRONMENTAL POLICY
** NOTE: UNIQUE CLAUSES -CONTAIN SPECIAL REQUIREMENTS FOR ALL
PROGRAMS CONDUCTING LEAD HAZARD EVALUATION OR CONTROL ACTIVITIES
- PLEASE READ
1. DEFINITIONS
a) The term "grant" as used herein refers to either a grant or a cooperative agreement
instrument.
b) The term "grantee" as used herein also refers to recipients of cooperative agreements.
c) The term "Grant Officer" means the official authorized by HUD to execute and/or
administer this grant. This term also refers to a Cooperative Agreement Officer when
the instrument is a cooperative agreement.
d) The term "Government Technical Representative (GTR)" means the HUD individual
who is responsible for the technical administration of the grant, the evaluation of
performance under the grant, the acceptance of technical reports or projects, and
other such specific responsibilities as may be stipulated in the grant.
e) The term "Government Technical Monitor (GTM)" means the individual responsible
for assisting a Government Technical Representative in the latter's performance of
his/her duties.
f) The term "Head of the Awarding Activity (HAA)" means a HUD official, at the
Assistant Secretary level or equivalent, with authority for policy, award, and
administration of discretionary grants within one or more HUD organizational
elements. For this grant, the HAA is the Director of the Office of Healthy Homes
Lead Hazard Control.
g)
The term "Guidelines" refers to the definitions, standards and information contained
in the 2005 edition of the guide entitled "Guidelines for the Evaluation and Control of
Lead -Based Paint in Housing" HUD,. The guidelines are incorporated by reference.
h) The term "OHHLHC" means the HUD Office of Healthy Homes and Lead Hazard
Control.
i) The term "NOFA" means the Notice of Funding Availability which announced the
availability of funding for this grant.
2. SCOPE OF WORK (COST -REIMBURSEMENT)
The grantee shall furnish the necessary personnel, materials, services, equipment, facilities
(except as otherwise specified herein) and otherwise do all things necessary for or incidental to
the performance of the work set forth in the Statement of Work/Management and Work Plan and
Benchmark schedule submitted with your original application under the NOFA for Fiscal Year
2005.
Management and Work Plan (with Benchmark Standards), Deliverables and Budget.
The Grantee shall complete and submit a detailed management and work plan (with Benchmark
Standards), Deliverables and Budget within 60 days after the effective date of the grant.. These
revisions shall update the general plan submitted with the proposal and include any negotiation
changes of the work plan or budget if applicable. The plan shall be developed according to the
instructions and benchmark standards that will provided by the Government Technical
Representative for the grant program as applicable. Instructions for the Lead Hazard Control
Program and Healthy Homes programs are provided as follows:
For the Lead Hazard Control Grant Program, use OHEILHC Policy Guidance Number 2001-03
"Revised Quarterly Progress Reporting Requirements" dated October 1, 2001, as amended,
and/or guidance from the GTR.
The plan for the Healthy Homes Programs, should be prepared pursuant to the following outline:
I. Background
II. Project Goals and Objectives
III. Project Tasks
IV. Reporting and Deliverables
V. Project Budget
VI. Appendices
The estimated number of housing units and structures in which evaluation and/or intervention
activities are expected to take place should be included in the project goals and objectives section.
Objectives of research components of the grant should be stated in terms of testable hypothesis in
the work plan when possible.
Tasks should be arranged sequentially or in a logical order within the work plan, and include
supportive activities. The entity responsible for each task should be identified, and the timeframe
for its completion stated. The tasks section should also include a discussion of the roles and
responsibilities of the appropriate organizations that will be involved in completing the Institution
Review Board review related to the protection of human subjects under this grant.
Forrecipients of all other OHHLHC programs, please contact your Government Technical
Representative to get specific instructions.
The management and work plan consists of the goals and time -phased objectives and deliverables
for each of the major tasks to be undertaken by the program. Benchmark standards (milestones)
have been developed to assist the grantee plan and implement its program in a timely and cost-
effective manner. A revised budget, in accordance with the final negotiation, shall be submitted
(if necessary). The work plan shall also include a detailed narrative description of how assistance
and funding will flow from the grantee to the actual performers of the hazard reduction work; the
selection process for subgrantees and subcontractors; the selection process for the particular
properties to be abated, the lead hazard control activities to be undertaken, and the screening,
health, and other measures to be taken to protect children and other occupants. Where there is
interdependence among the tasks, the work plan shall indicate how each interdependent task will.
provide needed inputs to the others. (Also, see Article 22, Project Management System — Work
Plan).
The revisions to the management and work plan deliverables and budget shall be submitted by
December 1, 2005 and are subject to review and approval by HUD. When approved by the GTR
and the Grant Officer, the work plan, deliverables and budget shall be incorporated as part of the
grant agreement and amended/modified accordingly.
3. PERIOD OF PERFORMANCE AND INCURRING COSTS OR OBLIGATING FEDERAL
FUNDS BEYOND THE EXPIRATION DATE
a. The grantee shall provide all services stipulated in this award agreement for the period of
months specified on the HUD 1044, "Assistance Award/Amendment" Continuation Sheet from
the effective date stipulated in Block #5 of the HUD 1044.. Grantees are to comply with the
requirements of 24 CFR 84.28 or 24 CFR 85.23 (Period of availability of funds), as applicable, in
charging costs to the grant. All obligations incurred under the award must be liquidated not later
than 90 days after the end of the funding period. The preparation of the final administrative and
financial reports is to be completed within the 90-day closeout period.
b. The grantee shall not incur costs or obligate funds for any purpose pertaining to the operation
of the project, program, or activities beyond the expiration date stipulated in the award. The only
costs which are authorized for a period of up to 90 days following the award expiration
date are those strictly associated with closeout activities. Closeout activities are normally limited
to the preparation of final progress, financial, and required project audit reports unless otherwise
approved in writing by the Grants Officer.
c. Any extension of the award period can only be authorized by the Grants Officer in writing.
Verbal or written assurances of funding from other than the Grants Officer shall not constitute
authority to obligate funds for programmatic activities beyond the expiration date.
d. The OHHLHC has no obligation to provide any additional prospective funding. Any
amendment of the award to increase funding and to extend the period of performance is at the
sole discretion of the OHHLHC.
4. ** GRANTEE CERTIFICATION PROGRAM REQUIREMENT
The Grantee agrees that any funds under this grant used for lead -based paint or lead -based paint
hazard evaluation or control activities shall be conducted by firms and persons qualified for the
activities according to 24 CFR Part 35, subpart R (possessing, as applicable, certification valid for
the State in which the activity is conducted as abatement contractors, risk assessors, inspectors,
abatement workers, or sampling technicians, or, for interim lead hazard control work, training in a
HUD -approved course in lead -safe work practices), and that laboratories used for analysis of
samples for lead in paint, soil or dust shall be recognized by the U.S. Environmental Protection
Agency for the analysis of those samples under its National Lead Laboratory Accreditation
Program.
5. CONDUCT OF WORK
During the effective period of this grant, the Government Technical Representative and/or the
Government Technical Monitor identified in Block 9 of the HUD-1044 shall be responsible for
monitoring the technical effort of the grantee, unless the grantee is notified in writing by the
Grant Officer of a replacement.
Only the Grant Officer has the authority to authorize deviations from this grant, including
deviations from the Statement of Work/Work Plan. In the event the grantee does deviate without
written approval of the Grant Officer, such deviation shall be at the risk of, and any costs related
thereto, shall be borne by the grantee.
6. KEY PERSONNEL
The personnel specified in the original proposal, stated in the grant agreement, or as amended on
the HUD 1044 Continuation Page of the amendment, as key personnel are considered to be
essential to the work being performed hereunder. Prior to diverting any of the specified
individuals to other work, the grantee shall notify the Grant Officer and GTR reasonably in
advance in writing and shall submit justification (including proposed substitutions (with the
/9
qualifications and experience of the substitute personnel)) in sufficient detail to permit evaluation
of the impact on the work effort. No diversion shall be made by the grantee without the written
consent of the Grant Officer.
7. HUD'S RIGHT TO AUDIT AND DISALLOW OR RECOVER EXPENDITURES
For the performance of the work under this instrument, HUD shall reimburse the grantee for costs
incurred (hereafter referred to as "allowable costs") which are determined by the Grant Officer to
be allowable, allocable, and reasonable in accordance with the following cost principles*:
a. For colleges and universities: OMB Circular A-21.
b. For State and local Governments: OMB Circular A-87.
c. For other nonprofit organizations: OMB Circular A-122.
d. For all other grantees, Federal Acquisition Regulation, Subpart 31.2.
e. HUD Handbook 2210.18 Cost Principles for For -Profit Organizations.
*The Revised Version of these documents in effect on the date of award shall govern.
8. PROGRAM INCOME
Any program income derived as a result of this award shall be added to funds committed under
your award to further activities eligible for assistance under this award. If not contained in the
Work Plan or under Special Conditions itemized in these provisions, prior to using program
income to further the objectives of the grant program, the parties shall mutually agree by written
amendment on the use of program income. Program income received after the period of
performance must be used to further the objectives of the applicable OHHLHC grant program for
which this grant is awarded in accordance with CFR 24 Part 84.25/85.25 as applicable.
9. INDIRECT COSTS
If the Grantee has received a provisional rate, pending establishment of a final rate,
reimbursement will be made on the basis of the provisional rate. By accepting this award
document, Grantee agrees to bill at the provisional indirect cost rate for the entire period of
performance of the award agreement. At completion, of the grant, adjustments may be made
from the provisional rate to the final rate. However, such adjustments must be within the total
amount of the award as stated in Block 15 of the HUD-1044.
10. AMOUNT OF COST SHARE (ESTIMATED COST AND PAYMENT — MATCHING) (See
Blocks 14 of the HUD 1044)
(a) The estimated cost for the performance of this grant is the "Total Instrument Amount".
(b) The grantee shall be reimbursed by HUD for 100% of costs incurred in the performance
of this grant. HUD shall not be obligated to reimburse the grantee in excess of the
"Total HUD Amount". HUD reserves the right to withhold one -percent (1%) of the
Federal grant amount pending the receipt and approval of a final progress report
prepared in accordance with the Policy Guidance or GTR instructions for the specific
OHHLHC program and any amendments.
(c) The grantee agrees to bear without reimbursement by HUD the "Recipient Amount" of
the total costs. The grantee is not obligated to contribute more than the "Recipient
Amount". However, in the event that the grantee incurs costs in excess of the estimated
cost of the "Total Instrument Amount". such excess shall be borne entirely by the
grantee.
(d) The grantee must satisfy all statutory matching requirements in the NOFA. If the grantee's
actual matching contribution is less than "Recipient Amount" under Block 14 of the
HUD 1044, the Government reserves the right to negotiate new line items and/or
amounts to satisfy the grantee's match, or to reduce the Government's share
proportionally. The grantee must satisfy all statuary matching requirements in the
NOFA. The grantee shall notify the Government at any time it believes it will not meet
its match by the completion of the grant. If the grantee exceeds the dollar amount
shown above, there will be no impact on the Federal share.
11. BUDGET
The grantee shall incur costs in conformance with the budget, presented in the original proposal
stated in the grant agreement, or as amended on the HUD 1044 Continuation Page of the
amendment. The grantee shall not commingle any funds computed under this grant with any other
existing or future operating accounts held by the grantee.
If the grantee has been contacted to submit documents to support the application that were not
received prior to the execution of this grant, the grantee will not be allowed to draw down funds,
exceeding 10% of the federal amount, until such time that the requirements have been met.
Standard Form 269, Financial Status Report, detailing match or in -kind contributions shall
be submitted on a quarterly basis. A final narrative and Standard Form 269 report
detailing the progress made in achieving the purpose of the grant and adequate
documentation of the total funds expended in support of the activities to achieve this
purpose (both Federal and in -kind 10 percent match) are due 90 days after the end of the
period of performance. See Article 10(b) regarding the holdback of 1% of the Federal
amount pending the receipt and approval of the final narrative report.
12. ADVANCE PAYMENT BY TREASURY CHECK OR ELECTRONIC FUNDS
TRANSFER
Advance payments by Treasury check or electronic funds transfer are hereby authorized under
this grant. A Grantee that is subject to existing State program accreditation requirements may
request an advance payment in writing, if applicable. HUD may provide to the grantee a one time
cash advance that shall not exceed 10 percent of the grant amount, and shall be limited to the
minimum amount needed for the actual, immediate cash requirements of the grantee in carrying
out the tasks of this agreement and as agreed to by the Grant Officer. These funds cannot be used
for conducting housing inspections or lead hazard control work in homes until the Grantee has an
approved Request for Release of Funds and Certification (Form HUD 7015.15 and OHHLHC
Policy Guidance Issuance 2000-01 dated 02/24/2000). Contact the OHHLHC Environmental
Officer, Karen Choi at (213) 894-8000 x3015 for questions and mail the original and copies to the
following addresses:
Original: U.S. Department of Housing & Urban Development
Attn: Environmental Officer, Karen Choi
AT&T Building — Suite 1145
611 West 6th Street
Los Angeles, CA 90017
Copies: (Block 8 Address of 1044)
Attn: GTR in Block 9 of 1044
HUD will not make additional payments from the amount awarded to a grantee until the grantee's
contractors and workers are qualified for the activities according to 24 CFR Part 35 (possessing
certification as abatement contractors, risk assessors, inspectors, abatement workers, or sampling
technicians, or others having been trained in a HUD -approved course in lead -safe work
practices). Any additional funds requested by the grantee shall be requested in accordance with
Clause 13, "Estimated Cost And Payment - Line Of Credit Control System (LOCCS)"
Should the grantee demonstrate an unwillingness or inability to establish procedures that will
minimize the time elapsing between advances and disbursements, or fail to provide any required
progress report in a timely manner, the authorization for advance payments may be revoked. The
grantee may then be required to finance the project with its own working capital and payment to
the grantee may be made by Treasury check to reimburse it for actual cash disbursements.
13. ESTIMATED COST AND PAYMENT - LINE OF CREDIT CONTROL SYSTEM
(LOCCS)
The grantee shall be reimbursed for costs incurred in the performance of work under this grant in
an amount not -to -exceed "Total HUD Amount" in Block 14 of the HD 1044. In the event the
grantee incurs cost in excess of this amount, the excess shall be borne entirely by the grantee.
Incurred costs shall be reimbursed through HUD's Line of Credit Control System (LOCCS) using
the electronic Voice Response System (VRS). LOCCS uses a computer software program, which
ensures that requested payments do not exceed the amount authorized to the grantee. Each day
LOCCS generates a payment tape for the Department of the Treasury, which disburses the
payments via the Automated Clearinghouse (ACH) Payment System and a Voucher and Schedule
of Payments. All payments are certified by HUD and forwarded to Treasury for processing.
Before receiving funds from the VRS, the grantee must designate a financial institution in order
for HUD to make direct deposit payments through the ACH system. In the event the grantee,
during the performance of this grant, elects to designate a different financial institution for the
receipt of any payments, notification of such change and the related information must be received
by the Grant Officer 30 days prior to the date such change is to become effective.
In order to have access to LOCCS and the VRS, the grantee shall obtain a Security ID and
Password from HUD's LOCCS Security Officer, using the form HUD-27054, LOCCS Voice
Response Access Authorization Form.
The grantee shall submit the original vouchers for work performed to the GTR identified in
Block 9 of the form HUD-1044. The voucher shall be supported by a detailed breakdown of
the cost(s) claimed (Grantees are to use the Part 3 Financial Reporting Attachment included in
Policy Guidance 2001-03). In order to assure proper payment, it is important that the voucher is
in accordance with the payment amount requested through the VRS. Payment requires the
authorized grantee to telephone the VRS and provide the Security ID number and requested
information.
Detailed instructions for using the LOCCS-VRS were provided in your transmittal letter.
Funds advanced to the grantee shall be maintained in an interest bearing account. Any interest
earned by the grantee as a result of the advanced funds shall be promptly returned to HUD. All
check remittances should be sent to the new Miscellaneous Lockbox as follows:
NationsBank — Bank of America
DHUD P.O. Box 277303
Atlanta, GA 30384-7303
If the grantee is a State or local government, the grantee may retain up to $100.00 of interest
earned per grantee's fiscal year for administrative expenses. (24 CFR 85.21).
If the grantee is a University, non-profit or for profit organization, the grantee may retain up to
$250.00 of interest earned per grantee's fiscal year for administrative expenses. (24 CFR 84.22).
State universities and hospitals shall comply with CMIA, as it pertains to interest.
Other funds due to HUD after the end date of the grant or close-out, as a result of internal audit or
other reasons, will be returned to the GTR identified in Block 9 of the form HUD-1044 of this
grant."
14. CERTIFICATION REGARDING PARTIES EXCLUDED FROM PROCUREMENTS
By signing this agreement, the grantee also certifies that before awarding any subcontracts or sub -
awards, it will ensure that the subcontractor or subrecipient is not included on the General
Services Administration's (GSA) "List of Parties Excluded From Federal Procurement or Non -
procurement programs". If a subcontractor or subrecipient is on the GSA's published list, they
are ineligible for assistance and the grantee is restricted from awarding them a contract or
subgrant. Copies of the GSA published list can be obtained from the Superintendent of
Documents, U.S. Government Printing Office, Washington, DC 20402 or by email at the
following site: http://epls.arnet.gov.
15. REVIEW OF DELIVERABLES
a) Definition - For the purpose of this clause, "Deliverables" include:
1) All interim and final reports,
2) Survey instruments required by Statement of Work/Work Plan, and
3) Other physical materials and products produced directly under the Statement of
Work/Work Plan of this grant.
4) Match, in -kind and leverage commitments.
b) General
1) The GTR shall have the sole responsibility for HUD review, correction, and
acceptance of the deliverables of this grant. Such review(s) shall be carried out
promptly by the GTR, so as not to impede the work of the grantee. The Products
of Work shall be deemed as accepted as submitted if the GTR has not issued
�.3
3)
4) The GTR's review, correction, and acceptance of deliverables shall be limited to:
(1) corrections of omissions or errors of fact, methodology, or analysis; (2)
deletion of irrelevant materials; and (3) improvements in style readability.
5) In the review and acceptance of deliverables, the GTR may not require any
change in the grantee's stated views, opinions, or conclusions.
6) Should there be any disagreement between the grantee and the GTR as to any
correction, or the methodology or analysis on which any conclusion is based, the
GTR may require the grantee to insert a Government dissent(s) in the appropriate
place(s). The inclusion of such dissent(s) in an Official Product of Work,
otherwise found acceptable by GTR, and the return to the GTR of a revised copy
containing the dissent(s), shall satisfy the requirements for acceptance of the
Official Product of Work under this clause.
written comments and/or required corrections within thirty (30) days of the date
of the GTR's receipt of such product from the grantee.
2) The grantee shall carry out the required corrections, if any, provided by the GTR
and shall promptly return a revised copy of the product to the GTR.
7) Such dissent(s) shall not apply to any independent publication by the grantee of
Independent Products that may arise from the work or findings of this grant.
16. COLLECTION OF DATA
Collection of data from ten or more respondents and sponsored by HUD shall be subject to the
Paperwork Reduction Act (44 U.S.C. 3501 - 3520). If a survey instrument for a collection of data
sponsored by HUD is proposed, it will be subject to review and approval by the Office of
Management and Budget (OMB). Such review and approval must be obtained prior to the use of
the survey instrument. Also, a time element is involved here, which may considerably lengthen
the time required for completion of the project proposed. Careful consideration should be given
to any proposal, which requires the use of a survey or other information collection sponsored by
HUD. The collection of data is deemed to be sponsored by HUD only under the following
conditions (5 CFR 1320.3):
or
a) The grantee is conducting the collection of information at the specific request of HUD;
b) The terms and conditions of the grant require specific approval by HUD of the
collection of information or collection procedures. Note that if the grantee decides on its own to
collect information and it does not need HUD approval to do so, then HUD is not the "sponsor"
of the information collection.
17. LIMITATION ON CONSULTANT PAYMENTS
As required by HUD's Appropriations Act, salary payments to consultants under this instrument
shall not exceed the equivalent of the maximum daily rate paid to level IV of the Executive
Schedule for Federal Employees. This limitation refers to consultants hired through the grantee's
personnel system, but not to consultants who perform as independent contractors.
18. PUBLICATIONS AND NEWS RELEASES
a) Definition. For the purpose of this clause, "publication" includes:
1) Any document containing information for public consumption; or,
2) The act of, or any act, which may result in, disclosing information to the public.
b) The results of this program are planned to be made available to the public through
dedication, assignment by HUD, or such other means as the Secretary shall
determine.
c) Government Ownership of Official Products of Work
All interim and final reports and information, data analyses, special methodology,
findings, and their related documents and work products, including reports, work
sheets, survey instruments, computer tapes, and any other physical materials and
products produced directly under the Statement of Work/Work Plan of this grant are
considered Official Products of Work, owned by the Government and held for the
benefit of the public.
d) Publication of Official Products of Work
Official Products of Work, quotations therein, paraphrasing, or disclosures of interim
findings may not be published without the approval of the GTR for a period of sixty
(60) days after acceptance of the product by the GTR. Thereafter, the grantee shall be
free to publish without HUD approval.
e) Acknowledgment and Disclaimer
fl
All Official Products of Work, or any part thereof, and any Independent Products and
Special Products arising out of this instrument, when published by the grantee or
other participants in the work, shall contain the following acknowledgment and
disclaimer:
"The work that provided the basis for this publication was supported by funding
under a grant with the U.S. Department of Housing and Urban Development. The
substance and findings of the work are dedicated to the public. The author and
publisher are solely responsible for the accuracy of the statements and interpretations
contained in this publication. Such interpretations do not necessarily reflect the
views of the Government."
Notice of News Release and Public Announcements
Two copies of all press releases, formal announcements, and other planned, written
issuances containing news or information concerning this grant that may be made by
the grantee or its staff, or any subcontractor or other person or organization
participating in the work of this grant shall be provided to the GTR at the earliest
possible time. News releases and other public announcements may not disclose any
interim finding or quote or paraphrase any part of any Official Product of Work
without complying with paragraph (e) above.
19. REPRODUCTION OF REPORTS
BRANCH PROCUREMENT OF CERTAIN KINDS OF PRINTING; "PRINTING" DEFINED
Pub. L. 102-392, title II, Sec. 207(a), Oct. 6, 1992, 106 Stat. 1719, as amended by Pub. L.
103-283, title II, Sec. 207, July 22, 1994, 108 Stat. 1440; Pub. L. 104-201, div. A, title XI,
Sec. 1112(e)(1), Sept. 23, 1996, 110 Stat. 2683, provided that:
(1) None of the funds appropriated for any fiscal year may be obligated or expended by
any entity of the executive branch for the procurement of any printing related to the
production of Government publications (including printed forms), unless such
procurement is by or through the Government Printing Office.
(2) Paragraph (1) does not apply to (A) individual printing orders costing not more than
$1,000, if the work is not of.a continuing or repetitive nature, and, as certified by the
Public Printer, if the work is included in a class of work which cannot be provided
more economically through the Government Printing Office, (B) printing for the
Central Intelligence Agency, the Defense Intelligence Agency, National Imagery and
Mapping Agency, or the National Security Agency, or (C) printing from other
sources that is specifically authorized by law.
(3) As used in this section, the term 'printing' includes the processes of composition,
platemaking, presswork, duplicating, silk screen processes, binding, microform, and
the end items of such processes.
20. PATENT RIGHTS (SMALL BUSINESS FIRMS AND NONPROFIT ORGANIZATIONS)
Patent rights are as specified in 37 CFR Part 401, entitled "Rights to Inventions made by
Nonprofit Organizations and Small Business Firms under Government Grants, Contracts and
Cooperative Agreements".
Inquiries regarding this Patent Rights clause should be in writing and directed to:
Grant Officer
Office of Healthy Homes and Lead Hazard Control
U.S. Department of Housing and Urban Development
451 Seventh Street SW
Washington, DC 20410-3000
21. LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (OVER $100,000)
Section 1352 of Title 31, U.S.C. provides in part 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, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with any of the following covered Federal actions: the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
22. PROJECT MANAGEMENT SYSTEM
DELIVERABLES
The grantee shall include a schedule listing all significant project milestones, and dates
for submission of all project deliverables including quarterly project reports, interim
reports where appropriate, the final report, and financial reports utilizing HUD form 269.
Upon approval of the work plan, the grantee should ensure all deliverables identified in
the Work Plan and Benchmark schedule are delivered on time.
QUARTERLY PROJECT REPORTS
Quarterly reports will be due no later than December 31, April 30, July 31, and October
31, for each respective quarter following the initiation of the grant through project
closeout. A template to be used in the preparation of each quarterly report will be
provided by our office at a later date. Quarterly reports must reflect activities undertaken,
obstacles encountered, and accomplishments in each calendar quarter. Contracts, training
materials and protocols, rosters of persons trained, outreach and educational materials
prepared, and other significant products developed to implement, analyze or control the
project or disseminate information are to be submitted with the quarterly y reports as
attachments.
FINAL REPORT
A final report shall be submitted. The final report shall summarize the applicant's plans,
execution of the plans, achievements noted, and lessons learned. The report need not be
lengthy, but should be of a quality and detail to provide freestanding description to any
outside reader of all of the applicant's work and achievement under the grant.
Specific and detailed guidance on preparing the forms and the narratives may be obtained from
the GTR.
Grantees under the Lead Hazard Control Grant Program, and the Lead Hazard Reduction
Demonstration Grant Program shall use the HUD Office of Healthy Homes and Lead Hazard
Control (OHHLHC) Project Management System specified in this clause. The HUD OHHLHC
system requires the submission of a work plan with specific, time phased, and realistic goals,
objectives, and benchmark milestones established. Quarterly status reports that show progress and
measure performance of the program in meeting approved work plan goals, objectives and
benchmark milestones are to be submitted. The Project Management System utilizes quantifiable
data and a narrative description of progress. For more specific details and guidance, please refer
to the OHHLHC's Lead Hazard Control Grant Program Policy Guidance Number 2001-03
Revised Quarterly Progress Reporting Requirements for the Lead Hazard Control Grant
Program dated October 1, 2001, as amended
Quarterly Progress Reports are to be submitted according to the requirements of the Lead Hazard
Control Grant Program Policy Guidance Number 2001-03. The quarterly progress reporting
system is web -based and requires an Internet connection. Grantees are to complete the quarterly
progress report (Form-HUD-96006) by accessing
http://www.lead¢rantonline.net via the Internet,.
or other Internet address or other method, as advised by the GTR. In the event that a grantee
cannot access the Internet, a "Word template" version is available. Completed quarterly reports in
this format should be submitted to:
grantee_quarterly@hud.gov (use underscore)
or other Internet address or other method, as advised by the GTR.
NOTE: Grantees are required to have approval from their Government Technical
Representative (GTR) prior to submitting the report using the Word template format.
Grantees are to submit quarterly progress reports as soon as possible, but no later than 30 days
after the end of each calendar year quarter.
Grantees, for all programs, are advised that failure to submit timely quarterly progress
reports will result in not having their "LOCCS VRS Request Voucher for Grant Payment"
processed and/or approved for payment until such time as the quarterly progress report is
submitted to HUD.
23. EQUIPMENT
The following equipment is allowable, in accordance with the OHHLHC NOFA for the
applicable grant program, to be acquired for the performance of this grant is identified as follows:
XRF Instruments
X-ray fluorescence (XRF) instruments purchased with Federal funds for use in the OHHLHC
Grant programs will remain the property of the grantee under the conditions cited in 24 CFR
84.34 or 85.32, as applicable.
24. AMENDMENTS
This grant may be modified at any time by a written amendment. Amendments, which reflect the
rights and obligations of either party, shall be executed by both HUD (the Grant Officer) and the
grantee. Administrative amendments, such as changes in appropriation data, may be issued
unilaterally by the Grant Officer.
25. CHANGES:
In accordance with 24 CFR 85.30 or 84.25, as applicable, Grantees or subgrantees must obtain
the prior approval of the awarding agency whenever any programmatic changes are anticipated to
include the following:
(1) Any revision of the scope or objectives of the project (regardless of whether there is
an associated budget revision requiring prior approval).
(2) Need to extend the period of availability of funds.
(3) Budget revisions that are 10% or more of the cumulative transfers among direct cost
categories, or, if applicable, among separately budgeted programs, projects,
functions, or activities which exceed or are expected to exceed ten percent of the
current total approved budget, whenever the awarding agency's share exceeds
$100,000.
(4) Changes in key persons in cases where specified in an application or a grant award.
In research projects, a change in the project director or principal investigator shall
always require approval unless waived by the awarding agency.
(5) Under non -construction projects, contracting out, subgranting (if authorized by law)
or otherwise obtaining the services of a third party to perform activities, which are
central to the purposes of the award.
26. DISPUTES
During performance of the grant, disagreements may arise between the grantee and the Grant
Officer on various issues. If a dispute concerning a question of fact arises, the Grant Officer shall
prepare a final decision, taking into account all facts and documentation presented. The decision
shall be mailed to the grantee. The grantee may appeal the decision within thirty (30) days to the
Deputy Secretary of HUD, or his or her designated representative.
27. ORDER OF PRECEDENCE
In the event of any inconsistency among any provisions of this grant, the following order of
precedence shall apply:
a. NOFA
b. Management and Work Plan
c. Grantee Certification Program Requirement
d. Statement of Work/Work Plan (excluding the grantee's proposal, if incorporated).
e. Special Conditions
f. Schedule of Articles.
g. Uniform Administrative Requirements.
h. Grantee's Proposal (if incorporated).
28. OTHER ADMINISTRATIVE PROVISIONS
The grantee shall comply with all standard assurances, which were executed as part of the
application process.
29. UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE
AGREEMENTS
All provisions of 24 CFR Part 84, "Grants and Agreements with Institutions of Higher Education,
Hospitals and other Non -Profit Organizations" apply to these grantees. The grantee shall comply
with all standard assurances, which were executed as part of the application process.
All provisions of 24 CFR Part 85, "Administrative Requirements for Grants and Cooperative
Agreements to State, Local and Federally Recognized Indian Tribal Governments" apply to these
grantees. The grantee shall comply with all standard assurances, which were executed as part of
the application process.
For the full text follow these instructions (which were valid at the time of grant award; alternative
methods may be required as determined by the Government Printing Office):
1. Go to the following web site: http://www.gpoaccess.gov/cfr/
2. Under Most Current Data, in the Quick Search block, for 24 CFR 84, enter "24CFR84" with
quotation marks and without spaces; similarly, for 24 CFR 85, enter "24CFR85".
3. For 24 CFR 84, scroll down to (24CFR84—Part 84— Uniform Administrative
Requirements For Grants And Agreements With Institutions of Higher Education,
Hospitals, and Other Non -Profit Organizations). Click the word "text" to view the text file.
For 24 CFR 85, scroll down to (24CFR85—Part 85 Administrative Requirements for
State, Local and Federally Recognized Indian Tribal Governments). Click the word "text"
to view the text file.
30. CERTIFICATION PROHIBITING EXCESSIVE FORCE AGAINST NON-VIOLENT
CIVIL RIGHTS DEMONSTRATORS
This certification applies to any grant or cooperative agreement using funds appropriated under
section 103 of the Housing and Community Development Act of 1974 (42 U.S.C. 5304).
The applicant certifies that it has adopted and is enforcing:
a) A policy prohibiting the use of excessive force by law enforcement agencies within
its jurisdiction against any individuals engaged in non-violent civil rights
demonstrations; and
b) A policy of enforcing applicable State and local laws against physically barring
entrance to or exit from a facility or location which is the subject of such non-violent
civil rights demonstrations within its jurisdiction.
31. SPECIAL CONDITIONS CLAUSE FOR LEAD -BASED PAINT HAZARD
EVALUATION OR CONTROL ACTIVITIES **
A grantee conducting lead -based paint hazard evaluation or control activities agrees to comply
with the following special requirements:
a) Comply with Section 1101 of Title X, Grants for Lead -Based Paint Hazard Reduction, as
amended by section 217 of Public Law 104-134, if the grant is under the Lead -Based
Paint Hazard Control, Lead Hazard Reduction Demonstration Grant, or Operation Lead
Elimination Action Program: Such grantees shall provide assistance for housing which
meets the following criteria-
1) For grants made to assist rental housing, at least 50 percent of the units must be
occupied by or made available to families with incomes at or below 50 percent of the
area median income level and the remaining units shall be occupied or made
available to families with incomes at or below 80 percent of the area median income
level, and in all cases the landlord shall give priority in renting units assisted under
this section, for not less than 3 years following the completion of the lead abatement
activities, to families with a child under the age of six years, except that building with
five or more units may have 20 percent of the units occupied by families with
incomes above 80 percent of area median income level:
2) For grants made to assist housing owned by owner -occupants, all units assisted with
grants under this section shall be the principal residence of families with income at or
below 80 percent of the area median income level, and not less than 90 percent of the
units assisted with grants under this section shall be occupied by a child under the age
of six years or shall be units where a child under the age of six years spends a
significant amount of time visiting.
b) Develop and implement written procedures for all phases of lead evaluation and control,
which are consistent with the HUD Guidelines for the Evaluation and Control of Lead -
Based Paint Hazards in Housing (hereafter known as the Guidelines).
c) Request and receive formal concurrence from HUD for deviations from the procedures
described in the Guidelines. Such deviations may include thresholds for abatement hazard
control or post abatement hazard control clean-up procedures, which differ from the
HUD Guidelines.
d) Comply with appropriate HUD and EPA regulations regarding lead -based paint
notification, disclosure, or work practices during lead hazard control activities.
e) Prohibit the use of open -flame burning, chemical strippers containing methylene chloride,
dry scraping, uncontained hydroblasting or hydrowashing, uncontained abrasive blasting,
machine sanding without HEPA attachments or heat stripping above 1100°F as work
practices at anytime.
f) Observe the procedures for worker protection established by the Federal Occupational
Safety and Health Administration (29 CFR 1926.62 and/or 1910.1025, as applicable).
Dispose of waste resulting from lead hazard control activities in accordance with the
requirements of the appropriate local, State, and Federal regulatory agencies. You must
handle disposal of wastes from hazard control activities that contain lead -based paint, but
are not classified as hazardous, in accordance with State or local law or the HUD
Guidelines for the Evaluation and Control of Lead -Based Paint Hazards in Housing.
h) Conduct lead -based paint inspections, risk assessments, and clearance dust testing,
according to the HUD Guidelines and the EPA lead hazards standards rule at 40 CFR
745.227(e)(8)(viii) and/or the HUD Lead Safe Housing Rule at 24 CFR 35, subpart R, as.
applicable. Wipe tests shall be conducted by an appropriately certified or licensed
individual who is independent of the lead hazard control contractor. Dust -wipe samples,
soil samples and any paint samples to be analyzed by a laboratory must be analyzed by a
laboratory recognized by the EPA National Lead Laboratory Accreditation Program
(NLLAP). Units or areas treated shall not be reoccupied until clearance is achieved. The
dust lead standards are:
g)
i)
J)
40 micrograms of lead per square foot on an interior hard -surfaced floor or
carpet;
250 micrograms of lead per square foot on a window sill; and
400 micrograms of lead per square foot on a window well (clearance only).
Test and record blood -lead levels of all children under the age of six occupying affected
units within 6 months prior to the abatement or .hazard control. Centers for Disease
Control and Prevention (CDC) recommendations for blood lead testing are to be
followed. Children with elevated blood levels (EBLs) shall be referred for appropriate
treatment and follow-up medical care.
k) Cooperate with any federally sponsored or endorsed monitoring or evaluation efforts
done in conjunction with the Grantee's lead hazard control activities under this program.
This includes collecting data on the relative cost and effectiveness of hazard control
methods and providing documentation of all testing, inspection, and hazard control
actions.
1) If a grantee operates a loan program with the funds provided under this grant, any
revenue recaptured from the loan repayments may be retained by the grantee, and can
only be used for lead -based paint abatement or hazard control activities.
m) As requested by OHHLHC Policy Guidance Issuance dated April 14, 1995, the HUD
Form 60002, Economic Opportunities for Low- and Very Low -Income Persons (Section
3) must be submitted by January 10 yearly.
n) As required by OHHLHC Office Policy Guidance Issuance 2000-01 dated February 24,
2000 Revised Environmental Review Procedures and Requirements, the HUD Form
7015.15, Request for Release of Funds & Certification must be submitted to the HUD
Office of Healthy Homes and Lead Hazard Control and approved before any lead hazard
control activities which involve physical intervention in a housing unit can begin. Lead
hazard control activities include the conduct of inspections and risk assessments.
o) The number of units to be treated shown on the HUD 1044, Assistance
Award/Amendment Form, is the number that will be used for all grant and evaluation
efforts. Revision of this number will require a grant amendment.
p)
q)
Comply with the OHHLHC Policy Guidance Issuances that pertain to specific work
practice, management, or reporting requirements.
Provide a copy of all lead -based paint inspection, risk assessment, and clearance test
reports to the property owner in order for the property owner to comply with disclosure
requirements required under 24 CFR part 35, Subpart A. The letter transmitting these
reports must include the statement shown below:
"The Federal Residential Lead -Based Paint Hazard Reduction Act, 42 U.S.C. 4852d,
requires sellers and landlords of most residential housing built before 1978 to disclose all
available records and reports concerning lead -based paint and/or lead -based paint
hazards, including the test results contained in this notice, to purchasers and tenants at the
time of sale or lease or upon lease renewal. This disclosure must occur even if hazard
reduction or abatement has been completed. Failure to disclose these test results is a
violation of the U.S. Department of Housing and Urban Development and the U.S.
Environmental Protection Agency regulations at 24 CFR Part 35 and 40 CFR Part 745
and can result in a fine of up to $11,000 per violation. To find out more information
about your obligations under federal lead -based paint requirements, call 1-800-424-
LEAD."
r) PARTNERSHIP RELATIONSHIPS WITH FAITH -BASED AND COMMUNITY
BASED ORGANIZATIONS: Any changes to an agreement, such as a Memorandum of
3 A-
Understanding, subcontract agreement or Letter of Commitment, that indicates that a
formal partnership exists between the grantee and one or more Faith -Based or
Community -Based Organizations which meet the definition set forth in the NOFA
published in conjunction with this award must be addressed in the next quarterly report.
s) Renewals: A recipient under the Lead -Based Paint Hazard Control Grant Program
Competitive Performance -Based Renewal category agrees to the following conditions by
signing this grant agreement:
(1)
Grantee has substantially completed and/or exceeded the total number of housing
units in the previous award by the end date of that award;
(2) Grantee will demonstrate that the additional number of units to be completed with
the unexpended balance (if any) will not significantly delay the production of units
proposed in the renewal period, i.e., the grantee must be able to complete the
renewal units in addition to the units proposed with the unexpended balance (if any);
(3)
and
Grantee will schedule and complete all work within the 36-month renewal period,
without extensions.
32. ENVIRONMENTAL POLICY**
a) The grantee [called a "recipient" in 24 CFR 58.2(a)(5)] under the Lead Elimination
Action Program or Healthy Homes Demonstration Program shall comply with 24 CFR
part 58, "Environmental Review Procedures for Entities Assuming HUD Environmental
Responsibilities," in accordance with the provisions of section 305(c) of the Multifamily
Housing Property Disposition Reform Act of 1994. Under part 58, a responsible entity
[see 24 CFR 58.2(a)(7)1, typically the unit of general local government, on behalf of the
grantee, must assume the environmental review responsibilities for activities funded
under this Program. Under 24 CFR 58.11, if a responsible entity or the recipient objects
to the responsible entity performing the environmental review, HUD may designate
another responsible entity to perform the review or may perform the environmental
review itself under the provisions of 24 CFR part 50. If HUD carries out this
responsibility, the grantee agrees to assist and shall:
(1) Supply HUD with all available, relevant information necessary for HUD to perform
environmental reviews on program and project requests under 24 CFR part 50;
(2) Carry out mitigation measures required by HUD as a result of the environmental
review or select an alternate eligible property; and
Not acquire, rehabilitate, convert, lease, repair or carry out construction , nor commit
or expend HUD or non -HUD funds for these program activities with respect to any
eligible project until HUD approval of the project is received.
b) If the grantee [called a "recipient" in 24 CFR 58.2(a)(5)1, or a responsible entity [see 24
CFR 58.2(a)(7)] on behalf of the grantee, under the Lead -Based Paint Hazard Control
Grant Program (including a new grant or a Lead -Based Paint Hazard Control Competitive
Performance -Based Renewal category grant), or Lead Hazard Reduction Demonstration
(3)
Grant Program, carries out the environmental review requirements under 24 CFR part 58,
the grantee shall:
(1)
Submit the Certification / Request for Release of Funds (form HUD 7015.15),
including the public Notice of Intent / Request for Release of Funds and related
environmental review prepared by the responsible entity; or
(2) Submit the relevant environmental review documentation by the responsible entity
for HUD approval when the project is either Categorically Excluded, not subject to
the related Federal laws and authorities pursuant to 24 CFR 58.35(b), or exempt
pursuant to 24 CFR 58.34; and
(3)
Not acquire, rehabilitate, convert, lease, repair or carry out construction, nor commit
or expend HUD or non -HUD funds for these program activities until HUD has either
approved the Request for Release of Funds or other applicable environmental
review.
c) A grantee under the Healthy Homes Technical Studies, Lead Technical Studies, or Lead
Outreach Grant Program is categorically excluded from the requirements of the National
Environmental Policy Act of 1969 [see 24 CFR 58.35] and is not subject to
environmental review under the related laws and authorities.
......... . ....................................
OM Approval No. 2501-0017
Grant Application Detailed Budget Worksheet (Exp. 01731/2008)
Name and Address of Applicant:
Environmental Health Coalition
401 Mile of Cars Way. Suite 310
National City. CA 91950
Category Detailed Description of Budget ( or full grant period)
1. Personnel (Direct Labor)
Estimated
Hours
Rate per
Hour
..
0
Estimated Cost !M HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
Local/Tribal
Share
Other
Program
Income
Position or Individual gi
Proiect Director (.1 FTE)
624.00
27.06
16,385.44 a -memo
Outreach Director (.3 FTE)
1,872.00
22.50
42120.00 ,l. 42120.00
Promotora Coordinator (.4 FTE)
2.496 00
16.73
41,755.08 IS. 31.318,56
10,439.52
Proiect Assistant (.1 FTE)
624.00
16.05
10.021 44 i!.:%,::
10,021.44
0.00 g
0.00 a
'''''' !P
0.00 M
o.oa M
Total Direct Labor Cost
MEM
OEM
110,784.96 n, 90,324.00
10,021.44
10,439.52
0.00
0.00
0.00
0.00
0.00
2. Fringa Benefits
Rate (%)
Base
.,.,
Estimated Cost0 HUD Share
Applicant
• Match
Other
HUD
Funds
Other
Federal
Share
State Share
Local/Tribal
Share
Other
Program
Income
Proiect Director
0.27
16.885.44
4,559.07 ;i:1 4.560.07
Outreach Director
0.27
42.120.00
1 / 322 40 00,), 11 372.40
Promotora Coordinator
0.27
41,758.05
11,274.68 8.458.91
2.818.67
Project Assistant
0.27
10 021.44
2.705.79 ig
2,705 79
I'M MI
0.00 8:
0-00 IP
Total Fringe Benefits Cost
ii0g000
i:i0M0]
.f.
29,911.94 M 24,387.48
2,705.79
2,818.67
0.00
0.00
0.00
0.00
0.00
3. Travel M
3a. Transportation - Local Private Vehicle
Mileage
Rate per
Mile
.,....:
Estimated CostiN HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
Local/Tribal
Share
Other
Program
Income
Outreach Director
3,000,00
0.42
1,245.00 2i2i: 1,000.00
245.00
Promotora Coordinator
3,000.06
0.42
1.245,00 iP 1,000.00
z45.o6
:,....:
0.00 W
0.00
0.00 di
(loon
Subtotal - Trans - Local Private Vehicle
Mi:MA
MOO
f..:T
2,490.00 ini 2,000.00
0.00
490.00
0.00
0.00
0.00
0.00
0.00
form HUD424-CBW (2/2003)
Z INlaWHOVI.LV
Grant Application Detailed Budget Worksheet
Detailed Description of Budget
3b. Transportation -Airfare (show destination)
Trips
Fare
0
Estimated Cost .i::iii HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
LocaVTnbal
Share
Other
Program
Income
0.00 :i!?.:
0.00 iN
0.00 1.)
0.00 IN
0.00.f.
0.00 M:
Subtotal - Transportation - Airfare
Magal:
inin,
0 00 ..,', 0.00
0.00
0.00
0.00
0.00
0.90
0.00
0.00
3c. Transportation - Other
Quantity
Unit Cost
Estimated Costa HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
LocaVTribal
Share
Other
Program
Income
D.00 IR
" M
0.00 Mi
D.00
" M:
0.00 00:
Subtotal - Transportation - Other
MIME
MOE
0.00 iM o.00
0.0
0.00
o.00
000
o.00
000
000
3d. Per Diem or Subsistence (indicate location)
Days
Rate per
Day
IS
Estimated Cost HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
Local/Tribal
Share
Other
Program
Income
0.00 r:0
am M
0.00 lig:
"Q IN
0.00
Subtotal - Per Diem or Subsistence
faNiNg
MSIM.:
0.00 ;•i! 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Total Travel Cost
Saa0
a0Ma
2,490.00 2,000.00
0.00
490.00
0.00
0.00
0.00
0.00
0.00
4. Equipment (Only items over S5,000 Depreciated value
Quantity
Unit Cost
X
Estimated Cos,: HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
LocaVTribal
Share
Other
Program
Income
0.00 oi
0.00
0.00
amai...@
Total Equipment Cost )00M
aggiii;Miii:
0,00 N 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
2
form HUD-424-03W (2/2003)
Grant Application Detailed Budget Worksheet
Detailed Description of Budget
5. Supplies and Materials (Items under $5,000 Depreciated Value) {;
5a, Consumable Supplies
Quantity
Unit Cost
rS
,d:
Estimated Costal HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
Local/Tribal
Share
Other
Program
Income
Roach Traps (cases)
39.00
110.00
4,220.00: {:'• 4,290.00
Carbon Monoxide Monitors
490.00
9.60
4.656.00 ;2 4,665.00
Office Supplies ($50/month)
36.00
50.00
1.800.00 .0,4 1,500.00
300.00
Lead Testing materials (per unit)
460.00
3.06
1,406.40 ig.ii
90.00
1,376.40
Cleaning kits
460.00
2.50
, zo0.0o i 200.00
:fir
Outreach materials
e00.00
1.00
600.00 >:;; 300.00
300.00
Training materials (per training)
1200
100.00
1.200.00; ? 1,000.00
200.00
Subtotal -Consumable Supplies
OROa;+MUM
15,211.40 i' 12,945.00
90.00
2,178.40
0.00
0.00
0.00
0.00
0.00
5b. Non -Consumable Materials
Quantity
Unit Cost
•;l+
EstimatedCost; HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
LocaITribal
Share
Other
Program
Income
o.00 >;z;
rr.
Iv
0.00 :;
4?
0.00
Subtotal - Non -Consumable Materials
WiiMin
Main
0.00M o.o0
0.00
ono
o.00
elk
am
o.00
oat
Total Supplies and Materials Cost
.,,,,,.,,,, 5:
MEM15,211.40
ii 12,945.00
90.00
2,178.40
0.00
0.00
0.00
0.00
0.00
6. Consultants (Type)
Days
Rate per
Day
t
::i:
Estimated Cost:::;': HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
Local/Tribal
Share
Other
Program
Income
o.00?:
0.00 :N
0.00 !::`;
0.00 r
0.00 :;4Y
0.00 i0 i
Total Consultants Cost
,,.;`"%Ng ii
MEM
0.002 0.00
0.00
0.00
0.00
000
0.00
0.00
000
7. Contracts and Sub -Grantees (List individually)
Quantity
Unit Cost
`?sy
Estimated Costrs3HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
Local/Tribal
Share
Other
Program
Income
Lead sample analysis
2.260.00
1500
33,750.00 ?j[: 16.000.00
17.750.00
Promotoras (12 per month for 34 months)
3.00
4.895.00
14.688.00 :?:': 14,685.00
0.00iE%0.00
;a;
Total Subcontracts Cost!M#`::MPOR.<,ayz
48,438.00 iVj 30,688.00
0,00
17,750.00
0.00
0.00
0.00
0.00
0.00
3
form HUD-4244BW (22003)
Grant Application Detailed Budget Worksheet
Detailed Description of Budget
8. Construction Costs M
8a. Administrative and legal expenses
Quantity
Unit Cost
la
Estimated Costa HUD Share
i
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
Localffribal
Share
Other
Program
Income
X
0.00
...ig
...,
U.' .a
0.00
° "'
Subtotal - Administrative and legal expenses
tnaga
ignaa
0.00 a 0.00
0.00
-
0.00
0.00
0.00
0.00
0.00
0.00
8b. Land, structures, rights -of way, appraisal, etc
Quantity
Unit Cost
lil
Xa:
Estimated CosOi HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
Local/Tribal
Share
Other
Program
Income
ciao
pm
'''''
Subtotal - Land, structures, rights -of way, ...
maw]
mom
000 m 0.00
000.
0.00
0.00
0.00
0.00
0.00
0.00
8c. Relocation expenses and payments
Quantity_
Unit Cost
a
Estimated Costa:HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
Local/Tribal
Share
Other
Program
Income
coo iM
ICC IM
0.09
DLO
0.00 M
Subtotal - Relocation expenses and payments
mows
ilinisiii0.
0.00 ..g 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
8d, Architectural and engineering fees
Quantity
Unit Cost
,
. '
Estimated Caste HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
Local/Tribal
Share
Other
Program
Income
0.0° ila
0,00 al
"0
am ig
sop
*:
Subtotal - Architectural and engineering fees
SNig0:3iM
•i*i*0
0.00 W 0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Be. Other architectural and engineering fees
Quantity
Unit Cost
:i..x
Estimated Costa HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
Local/Tribal
Share
Other
Program
Income
0.0
0.00
0.0.
0.0
0.00 m
Subtotal - Other architectural and engineering fees
iaaing
,V.aigini
0.00 0 0.00
0.00
0 00 .
_ 0.00
0.00
0.00
0.00
0.00
8r. Project inspection fees
Quantity
Grant Application
Unit Cost
Estimated cost HUD Share
0.00 :'•':
0.00
Subtotal- Project inspection fees
0.00'i$.
0.00 y:,9i 0.00
8g. Site work
Quantity
Unit Cost
Estimated Cos& HUD Share
D.o
0.00
Subtotal - Site work
8h. Demolition and removal
Subtotal - Demolition and removal
8i. Construction
Quantity
Unit Cost
0.00
0.00 i 0.00
Estimated Costs;' HUD Share
o.00
0.00 i£
etailed
Budget Worksheet
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
Local/Tribal
Share
Other
Program
Income
0.00
0.00
0.00
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
0.00
State Share
0.00
Local/Tribal
Share
0.00
Other
0.00
Program
Income
0.00
0.00
0.00
0.0o
0.00
0.00
n nn
Ppuoan
Match
Other Other
HUD Federal
Funds Share
State Share
Local/Tribal
Share
Other
Program
Income
Quantity
Unit Cost
0.00 0.00
Estimated rost;f HUD Share
o.
0.00
Applicant
Match
0.00
0.00
Other
HUD
Funds
Subtotal - Construction
8j, Equipment
0.00
Quantity
Unit Cost
0.00 E3:? 0.00
Estimated Costa HUD Share
0.00
1:1
0.00
Applicant
Match
0.00
Other
HUD
Funds
o ea
Subtotal - Equipment
8k. Contingencies
Quantity
MEWS
Unit Cost
0.00 #i
0.00's: 0.00
0.00
Other
Federal
Share
0.00
Other
Federal
Share
0.00
State Share
0.00
State Share
0.00
Local/Tribal
Share
0.00
Local/Tribal
Share
0.00
Other
0.00
Other
0.00
Program
Income
0.00
Program
Income
Estimated Cost:'ti:: HUD Share
0.00
Applicant
Match
0.00
Other
HUD
Funds
0.00
Other
Federal
Share
0.00
0.00
0.00
0.00
State Share
Local/Tribal
Share
Other
Program
Income
0.00
Subtotal - Contingencies
81. Miscellaneous
Quantity
Unit Cost
0.00
0.00 0.00
Estimated Costa HUD Share
o.00 #i
0.00
Applicant
Match
0.00
Other
HUD
Funds
0.00
Other
Federal
Share
0.00
State Share
0.00
Local/Tribal
Share
0.00
Other
0.00
Program
Income
Subtotal - Miscellaneous
Total Construction Costs
o.00 111
o.00 f?i
0.00 ;{£? 0.00
o.00 « 0.00
5
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
form 1511D.424CBW (212003)
0.00
0.00
9, Other Direct Costs I Quantity Unit Cost
Item
Grant Application Detailed Budget Worksheet
Locallfribal
Share
Estimated Cost>%> HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
Other
Program
Income
0.00
0.00 ;z
0.00:
0.00
0.00
O.00
0.00:; is
0.00
0.00
0.00
0.00 ;.
Total Other Direct Costs
Subtotal of Direct Costs
10. Indirect Costs
Overhead
Type
0.00
0.00 :i<': 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
•S. ytzt.g .E,3. i ;;%' 206,836.30'z'- 160,344.48 12,817.23 33,674.59 i 0.00 0.00 0.00 0.00 0.00
Rate
Base Estimated Cost;%;' HUD Share
Applicant
Match
Other
HUD
Funds
Other
Federal
Share
State Share
Local/Tribal
Share
Other
Program
Income
0.22
168.388.30
35,322.82 t; 28.913.82
2.850.00
0.561.00
o.00:
0.00.ii;.
0.00
0.00
000 :,.;
Total Indirect Costs
•
Total Estimated Costs
gagga
o.00
E'.
0.00
35,322.82 ':,:#i 28,913.82
242,159.12
6
89,258.30
2,858.00
15,675.23
3,551.00
37,225.59
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
torn HUD-42 .CBW (2(2003)
0.00
0.00
Grant Application Detailed Budget Worksheet
OMB Approval No. 2501-0017
Exp. 01/3112008
Detailed Description of Budget
Ana
ysis of Total Estimated Costs
Estimated Cost
Percent of Total
1
Personnel (Direct Labor)
110,784.96
45.75%
2
Fringe Benefits
29,911.94
12.35%
3
Travel
2,490.00
1.03%
4
Equipment
0.00
0.00%
5
Supplies and Materials
15,211.40
6.28%
6
Consultants
0.00
0.00%
7
Contracts and Sub -Grantees
48,438.00
20.00%
8
Construction
0.00
0.00%
9
Other Direct Costs
0.00
0.00%
10
Indirect Costs
35,322.82
14.59%
Total:
242,159.12
100.00%
HUD Share:
189,258.30
78.16%
Match (Expressed as a percentage of the Federal Share):
15,675.23
8.28%
7
form HUD-424-CBW (2/2003)
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Della - City Clerk
(619) 336-4226 Fax (619) 336-4376
February 6, 2006
Ms. Diane Takvorian, Executive Director
Environmental Health Coalition
401 Mile of Cars Way, Suite 310
National City, CA 91950
Dear Ms. Takvorian:
On December 6, 2005, Resolution No. 2005-252 was passed and adopted by the City Council of
the City of National City, authorizing the Mayor to execute an Agreement with Environmental
Health Coalition in the amount of $189,258 to provide outreach for healthy homes inspections in
the target area of I-805 for the HUD Healthy Homes Grant.
Attached you will find a certified copy of the above Resolution and an executed original
Agreement for your files.
Sincerely,
Michael R. Dalla
City Clerk
encs.
File No. C2005-59
® Recycled Paper