Loading...
HomeMy WebLinkAboutMINUTES - 07201993 - 1.69 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA T0: BOARD OF COMMISSIONERS FROM: Richard J. Martinez, Acting Interim Executive Director DATE: July 20, 1993 SUBJECT: APPROVING SUPERSEDING PART I AND NEW PART II OF SECTION 8 HOUSING CERTIFICATE PROGRAM ANNUAL CONTRIBUTIONS CONTRACT NO. SF-468 AND AUTHORIZING EXECUTION SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: ADOPT Resolution No. 3684 approving superseding Part I and New Part II of the Section 8 Housing Certificate Program Annual Contributions Contract No. SF-468, as amended, and AUTHORIZE execution of the amendment by the Chair of the Board of Commissioners, as recommended by the Advisory Housing Commission. II. FINANCIAL IMPACT: Contract authority in the amount of $1,933,016 and budget authority in the amount of $9,965,080 has been allocated to the Housing Authority to replace 228 housing certificates which will expire on August 29, 1933. III. REASONS FOR RECOMMENDATION/BACKGROUND: The Housing Authority has received notification from the U. S. Department of Housing and Urban Development that $1,993,016 in contract authority has been allocated to the Housing Authority Section 8 Housing Certificate Program to provide sufficient funds to allow the replacement of 228 housing certificates which will expire on August 29, 1993. In order .to,secure these funds for the Section 8 Housing Certificate Program, it will be necessary for the Board of Commissioners to adopt Resolution No. 3684. At its regular meeting on Monday, July 20, 1993 the Advisory Housing Commission, recommended adoption of Resolution No. 3684 approving the amended Annual Contributions Contract and authorizing its execution by the Chair of the Board. IV. CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect to not adopt Resolution No. 3684, the Housing Authority would be unable to support 228 of the certificates in its Section 8 Housing Certificate Program after August 29, 1993. CONTINUED ON ATTACHMENT: YES SIGNATUREe--I - ' 9 � RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT 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 O 3 PHIL ATCF LOR, CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR BY , DEPUTY 1 . 69 THE BOARD OF COMMISSIONERS, HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA RESOLUTION NO. 3684 RESOLUTION APPROVING SUPERSEDING PART I AND NEW PART II OF SECTION 8 HOUSING CERTIFICATE 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") ; and, WHEREAS, The Section 8 ACC must now be revised so that it will consist of the following counterparts: a. Superseding Part I of the ACC, HUD 52520B (August, 1988) , applicable to the Section 8 Existing Housing Certificate Program; and, b. New Part II of the ACC, HUD 52520E (Jan. 1990) , applicable to Section 8 Existing Housing Certificate Program and Section 8 Existing Housing Voucher Program: NOW, THEREFORE, BE IT RESOLVED BY THE PHA as follows: 1. The SUPERSEDING Part 1 Section 8 ACC and the New Part II of the ACC for the Housing Certificate Program and the Housing 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 the 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 ON July 20, 1993 by the following vote of the Commissioners: AYES: Commissioners Powers, Smith, Bishop, McPeak, Torlakson NOES: None ABSENT: None ABSTAIN•None 1 hereby certify that this Is a true and correct copy of • an action taken and entered on the minutes of th,3 Boar+of Supervis rs on .e date shown. ATTESTED: - PHIL B CHELOR Clerk of the Board of pervisors and County Administrator Deputy Consolidated U.S.Department of Housing and Urban Development Annual Contributions Contract office of Housing ,r ; ,lousing Voucher Program ACC Part I Number: C A 3 9 - Va1 - 0 D HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA SF-468 1.1. Definitions. be entered subsequently by HUD,upon written notice by HUD A. ACC. As used in Part I of this CACC, "ACC" means the to the PHA. Annual Contributions Contract for each project. As used in E. HUD may revise Exhibit 1 or Exhibit II at any time, upon Part II of this CACC,"ACC"means the CACC. written notice by HUD to the PHA, to remove a project for B. CACC. Consolidated Annual Contributions Contact. which the ACC term has expired C. Contract Authority. The amount of contract authority for F. The initial ACC term for any project may be extended by each project is listed in Exhibit I or Exhibit II of this CACC written agreement of the PHA and HUD. Part 1 (subject to reduction in accordance with section IAA) and section 23 of this CACC). 1.4. Annual Contribution. D. Fiscal Year. The PHA Fiscal Year. A. Payment. HUD shall pay the PHA annual contributions for E. HUD. U.S.Department of Housing and Urban Development. the proms in accordance with HUD regulations and F. PHA. Public Housing Agency. requirements. G. Program. The PHA's Housing Voucher Program under the B. Amount and Purpose of HUD Payments. CACC. 1.The annual contribution for the Program during a Fiscal Year shall be the sum of the amounts paid for each of the H. Program Expenditures. Amounts which may be charged projects in the program. The HUD annual contribution for the against Program Receipts in accordance with the CACC and proms shall be the amount approved by HUD for each Fiscal HUD requirements. Year to cover. Program Receipts. Amounts paid by HUD to the PHA for the a. The amount of housing assistance payments by the Housing Voucher Program,and any other amounts received by PHA. the PHA in connection with the Program. b. The amount of PHA fees for Program administration. Project. A funding increment for the Program. 2. The amount of the HUD annual contribution may be reduced,as determined by HUD,by the amount of Program Receipts(such as interest income)other than the HUD annual ]Housing Voucher Program. contribution. A. Projects in Program.The projects in the program are listed in C. Maximum Payments for Program. Exhibit I and Exhibit II of this CACC Part I. (list all new 1. Annual Limit on Payments for Program. FAcept for projects in CACC Exhibit II.) payments from the CACC reserve account as provided in B. PHA Fiscal Year. The Frscal Year for the Program shall be section 1.4.E of this CACC,the HUD annual contribution for a the 12-month period ending March 31 of project under section I A.B during the Racal Year shall not be each calendar year. (Insert the day and month used as the more than the contract authority for the project.The amount of Fiscal Year ending date for other section 8 assistance contract authority reserved for each project in the Program is administered by the PHA under an ACC with HUD.) stated in Exhibit I and 11 of this CACC Pan 1 (subject to reduction in accordance with section IA.D and section 23 of this CACC). 3. Term. 2. Limit on Total Payments for Project During CACC Term. The total of HUD payments under section IA.B for a A. The initial term of the ACC for each project shall be a term of project over the term of the CACC for the project(including five years beginning on the effective date of the ACC for the any payments from the.CACC reserve account as provided in project. section 1AF, but not including any payments under section B. The first date and last date of the ACC term for each project is 1 A.F)shall not be more than five times the contract authority stated in Exhibit I or Exhibit II. for the project. C. The first date of the ACC term for the project shall be a date as 'D. Reduction of Amount Payable. HUD may reduce the amount determined by HUD. payable by HUD for any project or for the program,and may reduce the amount of the contract authority for any project,by D. If the first or last date of the ACC term for the project is not giving the PHA written notice of reduction in accordance with entered before the CACC is signed by the PHA,the date may section 2.3 of this CACC. The notice by HUD may include a page 1 of 4 pages form HUD-52520-D (1190) ref.handbooks 7420.3 b 7420.7 revision of Exhibit I or 11 to state the reduction in the amount 1.5. CACC. of contract authonty for a project * A. The CACC consists of this CACC Pan I (including I xhibitc I E. CACC Reserve Account. A CACC reserve account shall be and 11) and the form ACC Pan 11 prescribcd by HUI)for the established and maintained by HUD. in an amount as Housing Ccrtificatc Program and the Housing Vouchc: determined by HUD. The CACC reserve account may be used Program.dcssgnatcd as form HUD 52520-E,and datcd Januar\ by HUD for payment of any portion of the payment approved 1990. These documents constitute the whole CACC for the by HUD under section 1.4.13 for the Fiscal Year. Program. F. Portability Procedures: Fees of Rectivins PHA. In addition B. This CACC supersedes any previous Annual Conusbutsonz to the maximum payments under section IA.C. including Contract for the projects or Program. Matters relaung to payments from the CACC reserve account under secuon operation of the projects or Program under a previous Annua: IA.E.HUD may approve additional payments to the PHA for Contributions Contract shall be governed by this CACC. the purpose of paying fees to another PHA acting as receiving PHA in accordance with HUD portability procedures. *and Exhibit III Byrd Amendment Award Clause G. Separate ACC. HUD's commitment to make payments for each project listed in Exhibit II shall constitute a separatc ACC. Signatures: Public Housing Agency wm.a Puac Hoa rV Agercy: HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA S"Wm i Ossa ag"W.J _ by: July 20, 1993 PM or tyr+.tri rrr+i.ane as"sna of apnasay: Tom Torlakson, Chair United States of America Secretary of Housing and Urban Development sWUL" t taw agnad by: tMst or"0 M name ane 9&"we of W awq: JULIAN A. FITZHUGH, DIRECTOR, OFFICE OF PUBLIC HOUSING, REGION IX papa 2 of 4 pages bm HUD-S2520-1) ACC Part I ' Number: f j ' Exhibit I : First Date Last Date Protect Number Contract Authorrty(S) of Term of Term CA39-VO11-001 $67,755 02-19-87 02-18-92 CA39-VO11-002 238,822 02-19-87 02-18-92 CA39-VO11-003 290,742 02-19-87 02-18-92 CA39-VO11-004 110,432 05-21-87 05-20-92 CA39-VO11-005 1,521, 160 09-01-87 08-31-92 CA39-VO11-006 213,948 03-15-88 03-14-93 CA39-VO11-007 1,237,227 08-30-88 08-29-93 CA39-VO11-001 ( 67,755) 02-19-87 02-18-92 CA39-VO11-002 ( 238,822) 02-19-87 02-18-92 CA39-VO11-003 ( 290,742) 01-19-87 02-18-92 CA39-VO11-004 (110,432) 05-21-87 05-20-92 CA39-VO11-005 (1,521,160) 09-01-87 08-31-92 CA39-VO11-006 ( 213,948) 03-15-88 03-14-93 CA39-VO11-007 (1,237,117) 08-30-88 08-29-93 United States of AnKrica Secretary of Housing and Urban Development oaaa srpn„e pope 3 of 4 Wqu form HUD-SU20-t ACC Par Number: i ! - V Exhibit fl : First Date Last Oslo Project Nu-ber ContractAuhorrty(S) of Term of Tern, CA39-VO11-009 $436,925 11-01-90 10-31-95 CA39-VO11-010 608, 125 02-01-92 01-31-97 CA39-VO11-012 910,485 02-01-92 01-31-97 (Replacer-fent) CA39-VO11-013 158,095 05-01-92 04-30-97 (Replacement) CA39-VO11-014 496,237 07-01-92 06-30-97 CA39-VO11-016 (Replace) 1,961,881 09-01-92 08-31-97 CA39-VO11-017 298,886 12-01-92 11-30-97 CA39-VO11-018 (Replace) 282,429 03-01-93 02-28-98 CA39-VO11-019 (Replace) 1,459,225 08-01-93. 07-31-98 United StItei of America SecTctary of Housing and Urban Development an SVW t Pate A of 4 pages form HUG52W. EXHIBIT III 3YR0 AMENDMENT AWARD CLAUSE 1 . Limitations on payments made to Influence certain federal contracting and financial transactions . The restrictions described in this clause are set forth in 41 U.S.C. $1352 and oms interim Final Guidance at 54 FR 52306 et seg. (December 20, 1989) . Z . C&neral prohibition. No appropriated funds may be used by a recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing, or attempting to influence, Executive or Legislative branchpersonnel in connection with the award of any Federal contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. Exceptions to this prohibition are described in OMB interim Final Guidance, S,..,_.200(a) and (b) , ___.__.205, .300. 3. Certifications. Any person who requests or receives a federal contract, grant, or cooperative agreement exceeding $100,000, or a Federal loan exceeding $150,000, must file a certification that the person has not made, and will not make, any prohibited payment from appropriated funds. 4 . Statements . Any person who requests or receives a commitment to guarantee or insure a loan exceeding $150,000 must file a statement that the person will file a disclosure fora (SF-LLL) it the person has made, or will make, any payment to influence, or attempt to influence, any Executive or Legislative branch personnel in connection with that loan insurance or guarantee. 5 . Disclosure. Every person who requests or receives a federal contract, grant, or cooperative agreement exceeding $100,0000 or a Federal loan, loan guarantee, or loan insurance exceeding $1508000, must disclose (on SF-LLL) any payments made, or agreement to make am payment, from nonappropriated funds for the purpose of influencing, or attempting to influence, any Executive or Legislative branch personnel in connection with the contract, grant, cooperative agreement, loan, loan Insurance, or loan guarantee. Exceptions to this disclosure requirement are described in OXB interim final Guidance, S_•210, .300(b) . A naw disclosure form must be filedt a . at the end of each calendar quarter in which a payment, or an agreement to make a payment, is made which would have otherwise required reporting at the time of application; and b. if an event occurs during a calendar quarter which materially affects the accuracy of Information reported on a disclosure form submitted previously. 6 . subcontractors and subrec plenta . Recipients must inform subcontractors and subrecipients of the requirements for filing, retention, and forwarding of certifications , statements, and disclosure forms to the next tier above the submitter. These procedures are described in OMB Interim Final Guidance, s . 110(d) and (e) . 7 . penalties . Disclosure data will be subject to public scrutiny and will be submitted to Congress for review. its OY.B Interim Final Guidance, t .600(a) and (b) . Any person who maces a prohibited expenditure or who fails to submit or amend a disclosure form, when required, is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure. In OMB Interim Final Guidance, S___,.t00(a) and (b) . Violations of the law will be reported to Congress. ;zeg OKB Interne Final Guidance, 6 .605(a) and (d) . ,0 LY U.S.Departrnent of Housing and Urban Development ,+ • °,4 San Francisco Regional Office, Region IX 450 Golden Gate Avenue San Francisco,California 94102-3448 JUN 2 8 1993 Mr. Richard Martinez Acting Executive Director - Contra Costa Housing Authority P. O. Box 2759 Martinez, CA 94553 Dear Mr. Martinez: SUBJECT: Section 8 Certificate Replacement This is to notify you that Section 8 Certificate replacement contract authority in the amount of $1, 993 , 016 and budget authority in the amount of $9 , 965, 080 has been reserved for Project Number CA39-E011-034 . This new funding increment is to replace increment CA39-EO11-006 which expires on August 29, 1993 . Enclosed is a copy of the worksheet used to arrive at the amounts for the new increment. The bedroom distribution is as follows: OBR 1BR 2BR 3BR 4BR 5BR 6BR TOTAL 0 125 75 18 10 0 0 228 The accounting of replacement certificate increments must be kept separate from other certificate increments. This includes (1) the maintenance of separate financial records and housing assistance payments registers, (2) the preparation of separate budgets, requisitions, and year-end financial settlement forms, and (3) separate direct deposit forms. The Office of Regional Counsel will be forwarding to you an Annual Contributions Contract (ACC) amendment which will reflect the expiration of increment number CA39-EO11-006 and the inclusion of replacement increment number CA39-E011-034 . Please execute and return the ACC to that office as soon as possible. At the same time you return the ACC, please submit a new budget and requisition for the replacement increment to the Public Housing Management Branch. The budget should reflect contract authority and budget estimates for the replacement increment only. The contract authority for the replacement funding increment will be prorated from the beginning date of the 2 ACC term through the end of your fiscal year. Also, submit a new Direct Deposit Sign-Up Form, Standard Form SF-1199A, with the budget documents. A new SF-1199A is required because the replacement funding must be accounted for separately and the Department is required to have a nine (9) digit taxpayer identification number. If you have any questions, please contact Claire Garcia, Financial Analyst, at (415) 556-3713 . Very sincerely yours, . A ** g Office of Public Housing Enclosure 64. f I AFew„+ 54 `3:••_..::, y +- ? c. !N:-REKENV jE� `:l'TINS ICR NT RE'REnV t N}� +('}1K u^T _ c r .;c? = 1�iT -E: i7-Feb-93 A i.J ltn1\J.tC J -..__« ^i:;;;i'��:. �: _ fit ....� 7i :'''i.iG•�_. lt� '_Ti: ::v11_ ,E�_ ../�. EX- DATE: 48/29!73./ M :i;-o J' �•:.t1i": 1`�\M :ii.`.µ L:::!t.�i .nom 3. n ..`f�J(� �. !1L TO1AN :MY"E'�: 'N .44 _.»_.-.______ _ —I ♦ - t _ .. . "� IfiLY Ri�G' 5-�; R1 5Ub 6031 777-1_ c.._ s.,, .� -li,E 5 X 42 X it X 12 X }:. X 22 X ..�. x X _. =:-'6T YEAR 'riAF' 6.W2 6.072 7,236 9.276 9, 4 1:3.1,44 18.184 ---------- 1NE 6 X 1.13 X 1,15 X 1.15 X 1.15 X 1.15 X 1.15 X „15 X 1.15 ---------- AVERA E ANNUAL HAP 8.418 6,983 6,321 10.6,67 11.462 11.551 20,941 --- ---- i 83,01 830 834 834 S34 `Ko K .r ----- h'<"F;AvT 4UrNi7RiTY (7+E? 8,84E 7,913 j 9.151 11.497 1:,312 i:.?,v: 21,737 ;'3"F.E; OF UNIT BY BJF" ^, 125 75 18 i4 iv 4 . , n1.9;ONIRACT AUTHORITY 913} 4 976.65 656.1'.5. 2 v� v A i X 10 X 12) l z nc ,000 4�, 4'1' 224.640 .�9.x.rtx'u10? K6 =,Ert OF 11 TF, 12 ------------------------------------------------------------------------ 1.9�:3.0i6 !INE 13 TIMES 5 --------------------------------------------------------------------- X -, } zF"}8ET ------------------------------------- -----------------------------------