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HomeMy WebLinkAboutRESOLUTIONS - 11141995 - C72 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO: .BOARD OF COMMISSIONERS FROM: Richard J.Martinez,Executive Director DATE: November 14, 1995 SUBJECT: ADOPT RESOLUTION APPROVING SECTION 8 RENTAL CERTIFICATE AND RENTAL VOUCHER PROGRAM ANNUAL CONTRIBUTIONS CONTRACT NO. SF-468 AND AUTHORIZING EXECUTION SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: ADOPT Resolution No.3761 approving Section 8 Rental Certificate and Rental Voucher Program Annual Contributions Contract No. SF-468,as amended,and AUTHORIZING execution by the Chair of the Board of Commissioners of the Housing Authority of the County of Contra Costa. II. FINANCIAL IMPACT: Budget authority in the amount of$7,974,836 has been reserved as a Cost Amendment fund increase.. .Ill. REASONS FOR RECOMMENDATION/BACKGROUND: The Housing Authority has received notification from the U.S. Department of Housing and Urban Development (HUD)that$7,974,836 in budget authority has been reserved for the Housing Authority's Section 8 Housing Certificate Program as a cost amendment under Project No.CAO 11 CE9005. This Cost Amendment gives the Housing Authority budget authority for dwelling rents and administrative fees for a one year period. To secure these funds for the Section 8 Housing Certificate Program, it will be necessary for the Board of Commissioners to adopt Resolution No. 3761. IV. CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect to not adopt Resolution No.3761,the Housing Authority would lose the funds reserved as a cost amendment under the Section 8 Housing Certificate Program.. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON November 14, 1995 APPROVED AS RECOMMENDED X OTHER VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A X. UNANIMOUS (ABSENT none 1 TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF COMMISSIONERS ON THE DATE SHOWN. ATTESTED November 14, 1995 .14, 1995 . PHIL BATCHELOR, CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR BY , DEPUTY Y THE BOARD OF COMMISSIONERS HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA RESOLUTION NO. 3761 RESOLUTION APPROVING SECTION 8 RENTAL CERTIFICATE AND RENTAL VOUCHER PROGRAM ANNUAL CONTRIBUTIONS CONTRACT NO. SF-468 AND AUTHORIZING EXECUTION WHEREAS, the Housing Authority of the County of Contra Costa ("PHA") entered into a Section 8 Annual Contributions Contract ("ACC") on November 12, 1975, as amended, with the United States of America ("Government"): NOW,THEREFORE, BE IT RESOLVED by the PHA as follows: 1. The SUPERSEDING Section 8 ACC and funding Exhibits A & B for the Rental Certificate Program and Rental Voucher Program are hereby approved and accepted. The Chairman, or Acting Chairman, is hereby authorized and directed to execute the counterparts of the ACC on behalf of PHA, and the Secretary is hereby authorized to impress the official seal of the PHA on each such counterpart and to forward such executed counterparts to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. 2. This Resolution shall take effect immediately. PASSED AND ADOPTED ON November 14, 1995 by the following vote of the Commissioners. AYES: Cwr.,iiss_ deers. Rogers, Smith, DeSaulnier, Torlakson and Bishop NOES:- None ABSENT: None ABSTAIN: None U.S.Department of Housing and Urban Development Pacific/Hawaii Office 450 Golden Gate Avenue San Francisco, California 94102.3448 3y UUUIIIIIIIi cr �� �4A Mr. Richard Martinez Executive Director Contra Costa Housing Authority P.O. Box 2759 Martinez , CA 94553 Dear Mr. Martinez : SUBJECT: Section 8 certificate Program Project Na. CA0110E9005 Cost Amendment Enclosed is the subject contract and documentation necessary to effect its execution. Please adopt a resolution and prepare the various documents exactly as set forth in the Instruction Sheet. Upon execution by HUD, a fully executed copy will be sent to you. The amendment to increment number CA0110E9005 is to increase the funding. When you return the ACC, please submit a revised budget (HUD-52672) . The budget should reflect the increased* contract authority of the increment. This funding is for one year. Please return the contract and documentation and the budget to the Office of Public Housinq, . Mangement Division. Should you have any questions c6ncerning. the contract or its " execution, please contact Frank Chiang of my staff at (415) 556- 3713 ext. 2763 . Very sincerely yours, ye M. Roberson it tor Office of Public Housing San Francisco Enclosures X995 07: 55 202-401-6567 RENTAL ASSISTANCE PAGE- .•1 ..-... .:,. .: Cost amendme forj� os are being provided as requested for the following housing agencies: HOUSING AGENCY NUMBER $A Livermore CA074 $1,563,620 ,Guam. .000011-" $2,133,178;. Contra Costa $7,974,8lf' Inquiries regarding these funds should be directed to Roma T. Stiller, Financial Procedures Branch, (202) 705-2934. �� FIS�`�, fly, (`�'!,�I(.'1 i`l= rABCEIDOC ElSl� APP BYZ FI# V, j J1I; TABCEIDOC- _ MLED _. _.-_ 1A TE SRS CO `'---g 6 APP B 7,;t Y Consolidated Annual U.S.Department of Housing end Urban Development Contributions Contract Office of Public and Indian Housing Rental Certificate Program and Rental Voucher Program Section 8 Table of Sections page page 1. Definitions ... .. .. . ... . .. . . . . . . . . . . . . . ... . . . . 1 12. Administrative Fee Reserve . . . . . . . . . . . . ... . . . . . . 3 2. Funding for HA Certificate or Voucher Program . . . . .. . 2 13. Depositary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3. Term .... .. ... ...... . . .. . . . .. . . . . . . ... . .. . 2 14. Program Records . . .. .. . . . . . . . . . . . . . . . . . . . . . .3 4. HUD Payments for Program .. .. .. . . . ....... . . . . . . . . 2 15. Default by HA . .. . ... . . . .. ... ... .. . . . . . . . . . .3 5. Maximum Payments for Program. .. . . . . . . . . . . ... . . 2 16. Fidelity Bond Coverage.. . . .. . .. . . . . . . . . . . . . . . 4 6. Reduction of Amount Payable by HUD. . . .... . . ..... 2 17. Exclusion from Program .. .. . ..... . . . . . . . . . . . . 4 7. ACC Reserve Account.......... . . . .. . . . .. . . .. . 2 18. Conflict of Interest Provisions .. . . . . . . . . . . . . . . . . 4 8. Separate ACC for Fundling increment. . . . ... .. . .... . 2 19. interest of Member of or Delegate to Congress . . . . . .4 9. Budget and Requisition for Paymen;. .. . .. . . . . . . . . .. 2 20. Exclusion of Third Party Rights . . . . . . . . . . . . . . . . . .4 10.HUD Requirements .. . . . . .... . . . . . . . . . . . . . . . .. 3 21. Consolidated ACC. .. .. . . . .. . . . . . .. . . . . . . . . . . 4 11. Use of Program Receipts . . . . . .. . . . . . . . . . . . . . . . . 3 1. Definitions ACC. Annual contributions contract. Funding Exhibit. An exhibit to the consolidated ACC. The funding exhibit states the amount and term of funding for a ACC Reserve Account. An account established by HUD for program. There are separate funding exhibits for the HA a program from amounts by which the maximum payment certificate program and voucher program. to the HA under the consolidated ACC (during an HA fiscal year) exceeds the amount actually approved and paid. This Funding ExNbit A. The funding exhibit for the HA account is used as the source of additional payments for the certificate program. program. Funding Exhibit B. The funding exhibit for the HA voucher Annual Contributions Contract. The contract for each program. funding"Increment. HUD's commitment to make payments for each funding increment ("project') listed in the funding Funding Increment (also called a *Project"). Each exhibit constitutes a separate ACC. commitment of budget authority by HUD to the HA for a program under the consolidated ACC. The funding Budget Authority. The maximum amount of funds available increments for the program are listed in the program funding fix payment to the HA over the term of a funding exhibit. increment. Budget authority is authorized and appropriated by the Congress. HA. Housing agency. Consolidated Annual Contributions Contract (consolidated Housing Agency (HA). The agency that has entered this ACC). The consolidated contract for the HA certificate consolidated ACC with HUD. program and voucher program. HUD's commitment to make payments for each funding increment in a program HUD. U.S.Department of Housing and Urban Development. constitutes a separate ACC. However,commitments for all the funding increments are fisted in this consolidated AM Program. The HA certificate program or voucher program. Contract Authority. 4"*maximum annual payment by HUD Program Expenditures. Amounts which may be charged to the HA for a funding increment. The amount of contract against program receipts in accordance with the authority for each funding increment in a program is listed in consolidated ACC and HUD requirements. the funding exhibit for the program. Program Receipts. Amounts paid by HUD to the HA for a Fiscal Year. The HA fiscal year. The funding exhibit states program, and any other amounts received by the HA in the last month and day of the HA fiscal year. connection with the program. Project. A funding increment tot the program. form HUD-52520 WWI Pago I of 5 2. Funding for HA Certificate or Voucher Program reduce to an amount determined by HUD: (1) The amount of the HUD payment for any funding la) The funding increments in the HA certificate program or increment. voucher program are listed in the funding"exhibit for the (2) The contract authority or budget authority for any program. funding increment. (b) The amount of contract and budget authority for each (b) HUD must give HA written notice of the reduction. funding increment in a program is stated in the program funding exhibit. (c) The HUD notice may include a revised funding exhibit to state the reduction in the amount of contract (c) By giving written notice to the HA, HUD may revise a authority or budget authority for a funding increment. funding exhibit: The notice of a revised funding exhibit, or of revisions (1) To add a cost amendment project. to the funding exhibit for a program constitutes an (2) To remove a project for which the ACC term has amendment of the consolidated ACC. expired. 7. ACC Reserve Account 3. Term An ACC reserve account may be established and maintained (a) The funding exhibit states the first date and last date of by HUD. The amount in the account is determined by HUD. the ACC term for each funding increment. The ACC reserve account may be used by HUD to pay any portion of the program payment approved by HUD for a (b) If the first or last date of the ACC term for a funding fiscal year. increment is not entered before the consolidated ACC is signed by the HA, HUD may enter the date s. Separate ACC for Funding Increment subsequently,by giving written notice to the HA HUD's commitment to make payments for each funding increment Vproject')listed in the funding exhibit constitutes a. HUD Payments for Program a separate ACC. (a) HUD will make payments to the HA for a program in 9. Budget and Requisition for Payment accordance with HUD regulations and requirements. (a) Each fiscal year, the HA must submit to HUD an (b) For each HA fiscal year,HUD will pay the HA the estimate of the HUD payments for the program. The amount approved by HUD to cover: estimate and supporting data must be submitted at (1) Housing assistance payments by the HA for a such time and in such form as HUD may require, and program, are subject to HUD approval and revision, (2) HA fees for administration of the program. (b) The HA must requisition periodic payments on account (c) The amount of the HUD payment may be reduced, as of each annual HUD payment. Each requisition must be determined by HUD, by the amount of program receipts in the form prescribed by HUD. Each requisition must (such as interest income) other than the HUD payment. include certification by the HA that: (1) Housing assistance payments have been made in 5. Maximum Payments for Program accordance with contracts in the form prescribed by HUD and in accordance with HUD requirements; (a) Annual Limit Except for payments from the consolidated and ACC reserve account, the HUD annual payments for a (2) Units have been inspected by the HA in accordance program during a fiscal year must not be more than the with HUD requirements. sum of the contract authority amounts for the funding increments in the program. (c) If HUD determines that payments by HUD to the HA for a fiscal year exceed the amount of the annual payment W Limit on Payments for Funding Increment The total approved by HUD for the fiscal year, the excess must amount of payments for any funding increment over the be applied as determined by HUD. Such applications increment term must not exceed budget authority for the determined by HUD may include,but are not limited to, funding increment. application of the excess payment against the amount of the annual payment for a subsequent fiscal year. s. Reduction of Amount Payable by HUD The HA must take any actions required by HUD respecting the excess payment, and must, upon (a) If HUD determines that the HA has failed to comply with demand by HUD,promptly remit the excess payment to any obligations under the consolidated ACC.HUD may HUD. Page 2 of 5 form HUD-52520 (11193) 1 1o. HUD Requirements 13. Depositary (3) The HA must comply, and must require owners to (a) Unless otherwise required or permitted by HUD, all comply, with the requirements of the U.S. Housing Act program receipts must be promptly deposited with a of 1937 and all HUD regulations and other financial institution selected as depositary by the HA in requirements, including any amendments or changes in accordance with HUD requirements. the law or HUD requirements. (b) The HA must enter an agreement with the depositary (b) The HA must comply with its HUD-approved institution in the.form required by HUD. administrative plan,equal opportunity housing plan,and HUD-approved program funding applications. (c) The HA may only withdraw deposited program receipts for use in connection with the program in accordance (c) The HA must use the program forms required by HUD. with HUD requirements. (d) The HA must proceed expeditiously with the programs (d) The agreement with the depositary institution must under this consolidated ACC. provide that if required under a written notice from HUD to the depositary: 1 1. Use of Program Receipts (1) The depositary must not permit any withdrawal of deposited funds by the HA unless withdrawals by (a) The HA must use program receipts to provide decent, the HA are expressly authorized by written notice safe, and sanitary housing for eligible families in from HUD to the depositary. compliance with the U.S. Housing Act of 1937 and all (2) The depositary must permit withdrawals of HUD requirements. Program receipts may only be used deposited funds by HUD. to pay program expenditures. (e) If approved by HUD, the HA may deposit under the (b) The HA must not make any program expenditures, ex- depositary agreement monies received or held by the cept in accordance with the HUD-approved budget esti- HA in connection with any contract between the HA mate and supporting data for a program. and HUD. (c) Interest on the investment of program receipts 14. Program Records constitutes program receipts. (a) The HA must maintain complete and accurate books of (d) If required by HUD, program receipts in excess of curient account and records for a program. The books and needs must be promptly remitted to HUD or must be records must be in accordance with HUD requirements, invested in accordance with HUD requirements. and must permit a speedy and effective audit. 12. Administrative Fee Reserve (b) The HA must furnish HUD such financial and program reports, records, statements, and documents at such (a) The HA must maintain an administrative fee reserve for times, in such form, and accompanied by such a program. The HA must credit to the administrative supporting data as required by HUD. fee reserve the total of: (1) The amount by which program administrative fees (c) HUD and the Comptroller General of the United States, paid by HUD for a fiscal year exceed HA admini- or their duly authorized representatives, must have full strative expenses for the fiscal year, plus and free access to all HA offices and facilities, and to (2) Interest earned on the administrative fee reserve. all the books, documents, and records of the HA relevant to administration of the program, including the (b) The HA must use funds in the administrative fee right to audit and to make copies. reserve to pay administrative expenses in excess of program receipts. If any funds remain in the (d) The HA must engage and pay an independent public administrative fee reserve, the HA may use the accountant to conduct audits that are required by HUD. administrative reserve funds for other housing purposes The cost of audits required by HUD may be charged if permitted by State and local law. against program receipts. (c) It the HA is not adequately administering any Section 8 15. Default by HA program in accordance with HUD requirements, HUD may: (a) Upon written notice to the HA. HUD may take (1) Direct the HA to use the funds to improve admini- possession of all or any HA property,rights,or interests stration of the Section 8 program or for reim- in connection with a program, including funds held by a bursement of ineligible expenses. depositary, program receipts, and rights or interests (2) Prohibit HA use of administrative fee reserve funds. Page 3 of 5 form HUD-52520 (11/93) under a contract for housing assistance payments with functions with respect to a contract for housing an owner,if HUD determines that: assistance payments executed, or to be executed, on his (1) The HA has failed to comply with any obligations or her behalf, or with respect to a contract for housing under this consolidated ACC; or assistance payments to which this person is a party. (2) The HA has failed to comply with obligations under a contract for housing assistance payments with an ' (d) The provisions of this section do not apply to the owner, or has failed to take appropriate action, to depositary agreement, or to utility service for which the HUD's satisfaction or as directed by HUD, for rates are fixed or controlled by a governmental agency. enforcement of the HA's rights under a contract for housing assistance payments (including requiring 19.Interest of a Member of or Delegate to Congress actions by the owner to cure a default, termination, or reduction of housing assistance payments, No member of or delegate to the Congress of the United termination of the contract for housing assistance States of America or resident commissioner .shall" be payments,or recovery of overpayments);or admitted to any share or part of this consolidated ACC or to (3) The HA has made any misrepresentation to HUD of any benefits which may arise from it. any material fact. 20. Exclusion of Third Party Rights (b) HUD's exercise or non-exercise of any right or remedy under the consolidated ACC is not a waiver of HUD's (a) A family that is eligible for housing assistance under right to exercise that or any other right or remedy at this consolidated ACC is not a party to or third party any time. beneficiary of the consolidated ACC. 16. Fidelity Bond Coverage (b) Nothing in the consolidated ACC shall be construed as creating any right of any third party to enforce any The HA must carry adequate fidelity bond coverage, as provision of this consolidated ACC, or to assert any required by HUD,of its officers,agents, or employees hand- claim against HUD or the HA. ling cash or authorized to sign checks or certify vouchers. 21. Consolidated ACC 17. Exclusion from Program (a) The consolidated ACC is a contract between HUD and Single-headed households, pregnant females, and recipients the HA. of public assistance may not be excluded from participation i (b) This consolidated ACC supersedes any previous annual n or be denied the benefit of a program because of such status. contributions contract for a program. Matters relating to funding or operation of the program under a previous 18. Conflict of Interest Provisions annual contributions contract are governed by this consolidated ACC. (a) Neither the HA nor any of its contractors or their Subcontractors may enter into any contract, subcontract, or arrangement in connection with a program in which any of the following classes of persons has an interest, direct or indirect, during tenure or for one year.thereafter: (1) Any present or former member or officer of the HA (except a tenant commissioner). (2) Any employee of the HA who formulates policy or who influences decisions with respect to a program. (3) Any public official, member of a governing body, or State or local legislator who exercises functions or responsibilities with respect to a program. (b) Any member of these classes of persons must disclose the member's interest or prospective interest to the HA and HUD. (c) The requirements of this section may be waived by HUD for good cause. No person for whom a waiver is granted shall be permitted to exercise responsibilities or Page 4 of 5 form HUD-52520 (11193) United States of America Secretary of Housing and Urban Development Signature of Authorized Representative: Date signed: x Name&Official Title: (print or type) Joyce M. Roberson, Director, Office of Public Housing San Francisco Housing Agency Name of Agency: (print or type) HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA Signature of Authorized Representative: Date signed. 11-14-95 x Name&Officialofitle: (print or type) 9 Gayle Bishop, Chair, Board of Commissioners form HUD-52520 (11/93) Page 5 of 5 SECTION 8: CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT CERTIFICATE PROGRAM: FUNDING EXHIBIT A HOUSING AUTHORITY (HA) NAME: Housing Authority of the County of Contra Costa HA TAX IDENTIFICATION NUMBER (TIN) : HA FISCAL YEAR END: 03/31 CACC NO:CA011E HUD PROJECT NO. SY ACCT FIRST DATE LAST DATE CONTRACT BUDGET CODE OF TERM OF TERM AUTHORITY AUTHORITY «CA39E011007 RR 0 10/01/1979 09/30/1994 0 0 «CA39E011008 R7 C 04/01/1980 03/31/1995 1, 061, 364 15, 920, 460 «CA39E011009 R7 C 04/01/1980 03/31/1995 619, 632 9, 294,480 CA39EO11010 R7 C 03/01/1981 02/29/1996 3 ,-018,768 54 , 145, 016 CA39EO11011 R7 C 01/01/1982 12/31/1996 3, 015,900 49, 288, 260 CA39EO11013 RR 0 05/01/1983 04/30/1998 41, 640 624, 600 CA39EO11014 RR 0 12/01/1983 11/30/1998 352 , 920 5, 504, 232 CA39EO11015 RR 0 03/01/1985 02/29/2000 292, 080 4 , 381, 200 CA39EO11016 74 S 03/01/1985 02/29/2000 286,512 4, 297, 680 CA39EO11017 RR R 03/01/1985 02/29/2000 183 , 552 2 ,753 , 280 CA39EO11018 RR R 03/01/1985 02/29/2000 131, 616 1, 974, 240 CA39EO11019 RR 0 06/01/1985 05/31/2000 195, 120 2, 926, 800 CA39EO11020 RR 0 09/01/1986 08/31/2001 837 ,960 12,569,400 CA39EO11021 RR 0 11/01/1986 10/31/2001 517,476 7, 762, 140 CA39EO11022 RR 0 01/01/1989 12/31/2003 355,896 5, 338, 440 «CA39E011023 RR O 08/01/1989 07/31/1994 601,920 34, 009, 600 CA39EO11025 RR 0 11/01/1990 10/31/1995 1, 354, 800 6, 774, 000 CA39EO11026 PCE 11/01/1990 10/31/1995 4, 976, 073 24, 880, 365 CA39EO11027 91 0 02/01/1992 01/31/1997 591, 360 2 ,956,800 CA39EO11028 PCE 11/01/1991 10/31/1996 2, 429, 934 12 , 149, 670 CA39EO11029 RR S 07/01/1992 06/30/1997 478, 399 2 , 391, 995 CA39EO11031 92 0 12/01/1992 11/30/1997 649,003 3 ,245, 015 CA39EO11032 92 O 01/01/1993 12/31/1997 405, 551 2 , 027 , 755 CA39EO11033 93 PCE 01/01/1993 12/31/1997 1, 646, 764 8, 233 , 820 CA39EO11034 93 PCE 08/01/1993 07/31/1998 1,993 ,016 9,965,080 CA39EO11035 93 0 12/01/1993 11/30/1998 703 , 300 3 , 516, 500 uCA39E011036 79 P14 07/01/1994 10/31/1994 58, 932 115, 967 CA39EO11037 81 P14 07/01/1994 12/31/199.6 96,467 399 , 858 CA39EO11038 83 P14 07/01/1994 01/31/1999 123 , 886 720, 397 CA39EO11039 92 PCE 07/01/1994 01/31/1997 467 ,409 1, 207, 473 CA39EO11040 94 PCE 07/01/1994 06/30/1998 653 , 296 2 , 613 , 184 CA39EO11042 95 PCE 10/01/1994 09/30/1997 150, 811 452 , 433 CA39EO11044 95 PCE 04/01/1995 03/31/1996 4 , 667, 016 9, 334 , 032 * CA39EO11045 95 PCE 11/01/1995 10/31/1997 7 ,411, 536 14 , 823 , 072 uCA39E011904 94 PCK 04/01/1994 03/31/1995 3 ,920, 227 3 , 920, 227 Page 1 of 2. r ' HUD PROJECT NO. SY ACCT FIRST DATE LAST DATE CONTRACT BUDGET CODE OF TERM OF TERM AUTHORITY AUTHORITY « project expired * project changed since last printing DATE PREPARED: 09/29/1995 REPLACES FUNDING EXHIBIT DATED: 09/20/1995 CERTIFICATE PROGRAM: FUNDING EXHIBIT A Pane 2 of 2