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.
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7,;t
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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
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