Agenda Item # 3
Columbus Consolidated Government
Council Meeting
March 6, 2007
Agenda Report # 107
TO: Mayor and Councilors
SUBJECT: Columbus Department of Public Health MOU
INITIATED BY: Department of Community Reinvestment
Recommendation: Approval is requested to enter into a Memorandum of
Understanding (MOU) with the Columbus Department of Public Health to provide
lead-based paint testing and risk assessment for the Columbus Consolidated
Government?s Home programs as required by the lead safe housing rule.
Background: HUD Regulation 24 CFR part 35, requires that any home receiving
Federal assistance be tested and a risk assessment performed for Lead Base
Paint. This testing and assessment must be performed on any home that was
built prior to 1978. As part of the City?s Homeowner Rehabilitation Program,
we provide funding for homes that were built prior to 1978. If the testing
identifies any areas of lead base paint to be disturbed, the City will contract
with a certified lead base paint contractor to remove the paint.
Analysis: The City contacted other jurisdictions within the state to
determine how they were performing the required Lead Base Paint testing.
Several of the jurisdictions were working in conjunction with their local
health departments. The City contacted the Columbus Department of Public
Health to discuss the possibility of partnering in the testing. The Health
Department was very receptive to the idea in that they have the required
equipment, staff and training to perform the testing. In performing the
testing for the City, the Health Department would be able to use the training,
equipment and be able to maintain their certification.
The MOU was developed to lay out the policies and procedures for the testing
and risk assessment. The Department of Community Reinvestment staff will
provide the Health Department with a proposed work write-up for the
rehabilitation. The Health Department will perform the testing and risk
assessment. If any lead base paint is identified, the City will contract with
a certified contractor to remove the paint. Upon removal of the paint, the
Health Department will retest and provide a clearance letter. The City
anticipates the Health Department performing approximately 15 to 20 test and
risk assessments per year.
Financial Considerations: There will be no impact on the operating budget.
The testing and risk assessments will be funded form HOME and CDBG funds.
Staff will also seek out Lead Base Paint grant opportunities to fund the
testing and/or abatement. The approximate cost of the testing and risk
assessments will be $25,000.
Recommendations: Approve a resolution authorizing to enter into a Memorandum
of Understanding (MOU) with the Columbus Department of Public Health to provide
lead-based paint testing and risk assessment for the Columbus Consolidated
Government?s Home programs as required by the lead safe housing rule.
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE COLUMBUS CONSOLIDATED GOVERNMENT AND
THE COLUMBUS DEPARTMENT OF PUBLIC HEALTH
This Memorandum of Understanding sets forth the general agreements and
understandings by and between the COLUMBUS CONSOLIDATED GOVERNMENT (hereinafter
called CCG) and the COLUMBUS DEPARTMENT OF PUBLIC HEALTH (hereinafter called
HEALTH DEPT.), regarding a working relationship for the purpose of providing
certified documentation of lead-based paint testing and risk assessment in a
manner required by the Lead Safe Housing Rule, this ______ day of ___________,
2007.
WHEREAS the CCG receives Federal HOME Investment Partnerships Program Grants
(hereinafter called HOME) funds for the purpose of providing safe, sanitary and
accessible rehabilitation of owner-occupied homes of elderly and disabled
citizens and citizens of low to very low income; and
WHEREAS the CCG desires to proceed in a manner in compliance with 64 FR
50139-50231, Requirements for Notification, Evaluation and Reduction of
Lead-Based Paint Hazards in Federally Owned Residential Property and Housing
Receiving Federal Assistance, and 24 CFR part 35; and
WHEREAS the HEALTH DEPT. maintains on staff professional personnel certified
in Lead-Based Paint Inspection and Risk Assessment.
NOW, THEREFORE, the CCG and HEALTH DEPT. agree as follows:
ARTICLE I
SCOPE OF SERVICES
This is an annual agreement. The HEALTH DEPT. shall perform the following tasks
within the time specified in this annual Agreement:
TASK 1: CCG will provide to the HEALTH DEPT. a written Scope-of-Work Report
identifying all areas of potential lead-based paint in and around a specific
dwelling that will be disturbed by rehabilitation/repair including the areas
the CCG identifies as being areas that require testing under HUD guidelines for
the project
TASK 2: Within 15 business days from written Notification to Proceed with
Inspection, the HEALTH DEPT. will conduct a Summary Paint Testing Report [CFR
35.930 (a)]. CCG agrees to pay the HEALTH DEPT. the sum of $350.00 for each
dwelling tested. A copy of the resulting report will be provided to the
Community Reinvestment Department of CCG.
TASK 3: In cases determined by the LBP Inspector to require laboratory tests to
confirm LBP hazards, the HEALTH DEPT. shall submit to CCG by written invoice
all charges for such tests.
TASK 4: Within 15 business days from written Notification to Proceed with Risk
Assessment, the HEALTH DEPT. shall provide a Risk Assessment Report
[35.9309(c)(2)] for all dwellings receiving more than $5,000.00 of
rehabilitation assistance. CCG agrees to pay the HEALTH DEPT. the sum of
$500.00 for each dwelling inspected. A copy of the resulting Risk Assessment
Report will be provided to the Community Reinvestment Department of CCG.
TASK 5: Upon completion of rehabilitation and repair, CCG will provide written
Notification to Proceed with Clearance of Worksite. The HEALTH DEPT. shall
conduct the required Clearance of Worksite Report [35.930(b)(3)]. CCG agrees to
pay the HEALTH DEPT. the sum of $200.00 for each required clearance. The HEALTH
DEPT. will provide CCG with a copy of the clearance indicating a clearance
examination was completed at the site. A failed clearance inspection by the
removal agent will require an additional clearance inspection until the site
meets appropriate standards. Each subsequent clearance test will be considered
a new evaluation.
ARTICLE II
AUTHORIZATION
CCG and the HEALTH DEPT. will each appoint a person or persons to serve as the
official contact and coordinate the organizations activities in carrying out
this Memorandum of Understanding.
By signing here, CCG and the HEALTH DEPT. acknowledge that they are aware of
their obligation to comply with the terms of this Memorandum of Understanding.
The CCG assumes the responsibility for defining the scope?of-work and the areas
of the home that require lead inspection and/or evaluation based on HUD
Regulations. The HEALTH DEPT. further acknowledges that they are aware of their
obligation to comply with the rules and regulations of LSHR and 24 CFR part 35
policies and procedures.
This Agreement shall be effective as of the _____day of February 2007 and shall
continue until June 30, 2007 renewing on an annual basis of July 1-June 30 of
each year, unless terminated by either party, with or without cause, giving to
the other party a minimum of (60) days written notice of such party?s intention
to terminate.
COLUMBUS CONSOLIDATED GOVERNMENT COLUMBUS DEPARTMENT OF PUBLIC HEALTH
_________________________________ ___________________________________
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