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HomeMy WebLinkAboutMINUTES - 08121997 - C105 HOUSING AUTHORITY OF THE CO UNTY OF CONTRA COSTA TO: BOARD OF COMMISSIONERS FROM: Richard J. Martinez,Executive Director DATE: August 12, 1997 SUBJECT: RESOLUTION NO.4015 -APPROVING SECTION 8 MODERATE REHABILITATION PROGRAM FOR SINGLE ROOM OCCUPANCY DWELLINGS FOR HOMELESS INDIVIDUALS ANNUAL CONTRIBUTIONS CONTRACT NO. SF-468 AND AUTHORIZING EXECUTION. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: ADOPT Board Resolution No.4015 APPROVING Annual Contributions Contract No. SF-468 between the Housing Authority of the County of Contra Costa(Authority)and the United States of America("Government")for Project No. CAOI 1SR0005-Section 8 Moderate Rehabilitation Program for Single Room Occupancy Dwellings for Homeless Individuals for the Idaho Apartments and AUTHORIZING execution by the Chair of the Board of Commissioners of the Housing Authority of the County of Contra Costa. II. FINANCIAL IMPACT: The Section 8 Moderate Rehabilitation Program for Single Room Occupancy for Homeless Individuals contract authority in the amount of$171,564 and budget authority in the amount of$1,715,640 has been obligated for this project. The term of the contract is 11 years. III. REASONS FOR RECOMMENDATION/BACKGROUND The Housing Authority has been working with Rubicon Programs, Inc., and the Idaho Apartments Associates,to assist in the rehabilitation and conversion of the Idaho Apartments, located at 10203 San Pablo Avenue in El Cerrito,to a complex with Single Room Occupancy(SRO)units available to homeless individuals who participate in the Rubicon Program. The Housing Authority will administer the Section 8 certificates that will be made available for this development. The Housing Authority has received notification from the U.S. Department of Housing and Urban Development (HUD)that Section 8 Moderate Rehabilitation Program for Single Room Occupancy for Homeless Individuals funds have been obligated for the Idaho Apartments, under project number CAO 11 SR0005, and Annual Contributions Contract(ACC)No. SF-468 has been prepared for this project. This ACC gives the Housing Authority contract authority for dwelling rents and administrative fees for up to 29 dwelling units for a period of 11 years. To secure these funds for this Section 8 program, it will be necessary for the Board of Commissioners to adopt Resolution No.4015. IV. CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect to not to adopt Resolution No.4015,the Housing Authority would lose these Section 8 certificates for homeless individuals and the rehabilitation and conversion of the Idaho Apartments complex would not be done. n , CONTINUED ON ATTACHMENT: YES SIGNATURE 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 /UNANIMOUS (ABSENT 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 �������� PHIL BATCHELOR,CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR BY ,DEPUTY r C, 5 THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA w RESOLUTION NO. 4015 RESOLUTION APPROVING ANNUAL CONTRIBUTIONS CONTRACT NO. SF-468 FOR PROJECT NO. CA011SR0005-SECTION 8 MODERATE REHABILITATION PROGRAM FOR SINGLE ROOM OCCUPANCY DWELLINGS FOR HOMELESS INDIVIDUALS AND AUTHORIZING EXECUTION WHEREAS,the Housing Authority of the County of Contra Costa(hereinafter referred to as "PHA") is a public body, corporate and politic established under the laws of California and empowered to administer federal Department of Housing and Urban Development(HUD) programs within the County; and WHEREAS,the PHA has been working with Rubicon Programs, Inc. and the Owner, the Idaho Apartments Associates,to assist in the rehabilitation and conversion of the Idaho Apartments, located at 10203 San Pablo Avenue in EI Cerrito,to a complex with Single Room Occupancy(SRO)units for homeless individuals who participate in the Rubicon program; and WHEREAS,the HUD Section 8 Moderate Rehabilitation Program for Single Room Occupancy Dwellings for Homeless Individuals (Sec. 8 Mod Rehab SRO) includes providing affordable housing with Section 8 certificates for residents of these SRO developments; and WHEREAS,the PHA will administer the Section 8 certificates for the Idaho Apartments and has received an Annual Contributions Contract(ACC)from HUD for the project; and WHEREAS, the PHA wishes to enter into Annual Contributions Contract("ACC")No. SF-468, for Project No. CAO 11 SR0005, with the United States of America("Government"); NOW, THEREFORE, BE IT RESOLVED, as follows: 1. That the Annual Contributions Contract No. SF-468 and funding Exhibit A between the Housing Authority of the County of Contra Costa and the United States of America("Government")for Project No. CAO 1 1 SR0005 - Section 8 Moderate Rehabilitation Program for Single Room Occupancy Dwellings for Homeless Individuals, for the Idaho Apartments at 10203 San Pablo Avenue in El Cerrito, CA, 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. That this resolution shall take effect immediately. PASSED AND ADOPTED THIS 12th day of August , 19 97 , by the following vote of the Commissioners: AYES: Commissioners Rogers, Uilkema, Gerber, Canciamilla NOES: None ABSENT: Commissioner DeSaulnier ABSTAIN: None I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF COMMISSIONERS ON THE DATE SHOWN. ATTESTED: yu IL BATCHELOR, CL RK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR BY: a A AAL DEPUTY U.S.Department of Housing and Urban Development Pacific/Hawaii Office 450 Golden Gate Avenue vPPt MENi oAH San Francisco, California 94102-3448 *% • s II�II�II c� a � a��dA 3a NN0 Mr. Richard Martinez JUL 2 4 1991 Executive Director Contra Costa Housing Authority P.O. Box 2759 Martinez, CA 94553 Dear Mr. Martinez : SUBJECT: Section 8 Moderate Rehabilitation Program Contract No. SF-468 Project No. CA011SR0005 - Single Room Occupancy (SRO) 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 contract number SF-468 is to provide funding for project number CA011SR0005 . Please return the contract and documentation to the Office of Public Housing, Mangement Division. Should you have any questions concerning the contract or its execution, please contact Susan Platania of my staff at (415) 436- 8384 . Ve y sincerely yours, Joyc M. Roberson Director Office of Public Hong San Francisco Enclosures os- U.S. sU.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Section 8 Moderate Rehabilitation Single Room Occupancy Program Annual Contributions Contract TABLE OF SECTIONS 1.1 THE PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.2 AUTHORIZATION OF ACTIONS BY HA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.3 FUNDING AND TERM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.4 ANNUAL CONTRIBUTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.5 HUD PAYMENTS FOR THE PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.6 FISCAL YEAR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.7 PERIODIC ADJUSTMENT OF CONTRACT RENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.8 EXPEDITIOUS CARRYING OUT OF PROJECT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.9 ASSISTANCE TO ELIGIBLE INDIVIDUALS WHEN CONTRACTS ARE TERMINATED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.10 RESPONSIBILITY FOR ADMINISTRATION OF CONTRACT . . . . . . . . . . . . . . . . . . . . . . 3 1.11 HUD REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1.12 EXCLUSION OF THIRD PARTY RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1.13 DEPOSITARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1.14 PROGRAM RECORDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 (5/96) 1.15 DEFAULT BY HA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1.16 FIDELITY BOND COVERAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1.17 EXCLUSION FROM PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1.18 CONFLICT OF INTEREST PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1.19 INTEREST OF MEMBER OF OR DELEGATE TO CONGRESS . . . . . . . . . . . . . . . . . . . . . 6 1.20 LABOR STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1.21 SECTION 3 REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1.22 EQUAL EMPLOYMENT OPPORTUNITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1.23 ACC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ii (5/96) U.S. Department of Housing and Urban Development i r Annual Contributions Contract Section 8 Moderate Rehabilitation Single Room Occupancy (SRO) Program 1.1 THE PROGRAM (b) The term "HA" means the Housing Agency which has executed this ACC. (a) PROJECTS IN PROGRAM (c) The term "HUD" means the United (1) The HA's Program under this States Department of Housing and Urban ACC includes all projects listed in Development. the funding exhibit attached to this ACC. (d) The term "Program Receipts" means amounts paid by HUD to the HA for the (2) The HA, to the maximum extent Program,and any other amounts received feasible, shall enter into Agree- by the HA in connection with the ments and Contracts in accordance Program. with the number of units in each project specified in the funding (e) The term "project" means each funding exhibit. No substantial deviation increment in the HA's Program. as defined by HUD from the number of units in each project is 1.2 AUTHORIZATION OF ACTIONS BY HA allowed without prior HUD approval. The HA shall not enter In order to carry out the project, the HA is into any Agreements or Contracts authorized to (a) enter into Agreements, (b) or take any other action which will enter into Contracts, (c) make housing result in a claim for an Annual assistance payments. on behalf of eligible Contribution in respect to any individuals and (d) take all other necessary project in excess of the maximum actions, all in accordance with the application, amount authorized for that forms, conditions and requirements prescribed project. or approved by HUD. However, neither the HA nor HUD shall assume any obligations beyond those provided in the prescribed forms of Agreement and Contract. (5/96) Page 1 of 8 pages ACC: Section 8 Moderate Rehabilitation SRO Program 1.3 FUNDING AND TERM 1.5 HUD PAYMENTS FOR THE PROGRAM (a) The projects (funding increments) in the (a) HUD will make payments to the HA in HA's Program are listed in the funding accordance with HUD regulations and exhibit to this ACC. The funding exhibit requirements. states the amount and term of funding for each project (b) For each HA Fiscal Year, HUD will pay the HA the amount approved by HUD to (b) The amount of contract and budget cover the following (subject to reduction authority for each project in the HA's by the amount of any Project Receipts Program is stated in the funding exhibit. other than Annual Contributions— such "Contract authority" is the maximum as interest income--which Receipts shall annual payment by HUD to the HA for be available for Project Expenditures): a project. "Budget authority" is the (1) The amount of housing assistance maximum amount of funds available for payments payable during each payment to the HA over the term of the Fiscal Year by the HA pursuant to project. Budget authority is authorized Contracts with owners. (Such and appropriated by the Congress. payments may not be made for more than 10 years for any unit.) (c) The funding exhibit states the first date (2) The allowance, in the amount and last date of the ACC term for each approved by HUD,for preliminary project. costs of administration. (3) The allowance, in the amount 1.4 ANNUAL CONTRIBUTIONS approved by HUD,for the regular costs of administration including (a) HUD shall not make any Annual costs of HUD required audits of Contributions or any other payment with Owners and the HA. respect to any Fiscal Year for a project in excess of the contract authority for the (c) A Project Account shall be established project specified in the funding exhibit. and maintained for each project under However, this amount shall be reduced this ACC,in an amount as determined by commensurately with any reduction in the HUD, out of amounts by which the number of Contract Units or pursuant to contract authority for the project exceeds any other provision of this ACC or the amounts paid under the ACC for the Contract. project for any Fiscal Year. This account shall be established and maintained by (b) The total amount of payments for a HUD as a specifically identified and project over the project term must not segregated account. To the extent funds exceed budget authority for the project are available in this account, the specified in the Funding Exhibit. maximum amount payable by HUD for any Fiscal Year may be increased by an (5/96) Page 2 of 8 pages ACC: Section 8 Moderate Rehabilitation SRO Program amount, if any, as may be required for 1.7 PERIODIC ADJUSTMENTS OF CONTRACT increases reflected in the estimate of RENTS required Annual Contribution applicable to the Fiscal Year as approved ;,y HUD. The Contract will provide for periodic adjustments in the Contract Rents, in (d) HUD will make periodic payments on accordance with applicable HUD regulations,up account of each project upon requisition to the maximum amount authorized for housing by the HA in the form prescribed by assistance payments in the HUD-approved HUD. Each requisition shall include estimate submitted by the HA. certification by the HA that housing assistance payments have been or will be 1.8 EXPEDITIOUS CARRYING OUT OF made only: PROJECT (1) In accordance with the provisions of the Contract, and The HA shall proceed expeditiously to (2) With respect to units which the implement the Program consistent with the HA has inspected or caused to be rehabilitation and leasing schedule for each inspected and determined to be in project.If the HA fails to proceed expeditiously, decent,safe and sanitary condition, HUD may terminate or reduce its obligation within one year prior to the under this ACC with respect to the project. making of housing assistance payments. 1.9 ASSISTANCE TO ELIGIBLE INDIVIDUALS WHEN CONTRACTS ARE TERMINATED (e) Following the end of each Fiscal Year, any amount by which the total payments When the Contract for any unit(s)is terminated made during that Fiscal Year exceed the for any reason, leaving budget authority Annual Contribution payable in available under this ACC, the assisted accordance with this section will be individual(s),if eligible for continued assistance, subtracted from the next payment made or other eligible individuals, if the unit(s) is by HUD to the HA, unless other vacant, may continue to receive Housing disposition is approved or required by assistance for the remainder of the ACC term in HUD. accordance with HUD regulations by the use of the SRO funding for Rental Certificate or 1.6 FISCAL YEAR Voucher assistance. The funding exhibit states the last month and 1.10 RESPONSIBILITY FOR ADMINISTRATION day of the HA Fiscal Year. OF CONTRACT The HA is responsible for administration of the Contract, subject to review and audit by HUD. (5/96) Page 3 of 8 pages ACC: Section 8 Moderate Rehabilitation SRO Program 1.11 HUD REQUIREMENTS (b) The HA must enter an agreement with the depositary institution in the form (a) The HA must comply, and must require required by HUD. owners to comply,with the requirements of the U.S. Housing Act of 1937, the (c) The HA may only withdraw deposited McKinney Homeless Assistance Act and Program Receipts for use in connection all HUD regulations and other re- with the Program in accordance with quirements,including any amendments or HUD requirements. changes in the law or HUD requirements. (d) The agreement with the depositary (b) The HA must comply with its HUD- institution must provide that if required approved administrative plan, equal under a written notice from HUD to the opportunity housing plan and the HUD- depositary: approved application for Program (1) The depositary must not permit funding. any withdrawal of deposited funds by the HA unless withdrawals by (c) The HA must use the Program fortes the HA are expressly authorized by required by HUD. written notice from HUD to the depositary. 1.12 EXCLUSION OF THIRD PARTY RIGHTS (2) The depositary must permit with- drawals of deposited funds by (a) An individual that is eligible for housing HUD. assistance under this ACC is not a party to or third party beneficiary of the ACC. (e) If approved by HUD, the HA may deposit under the depositary agreement (b) Nothing in the ACC shall be construed as monies received or held by the HA in creating any right of any third party to connection with any contract between the enforce any provision of this ACC, or to HA and HUD. assert any claim against HUD or the HA. 1.14 PROGRAM RECORDS 1.13 DEPOSITARY (a) The HA must maintain complete and (a) Unless otherwise required or permitted accurate books of account and records for by HUD, all Program Receipts must be the Program. The books and records promptly deposited with a financial must be in accordance with HUD institution selected as the depositary requirements, and must permit a speedy by the HA in accordance with HUD and effective audit. requirements. (b) The HA must furnish HUD such finan- cial and Program reports, records, statements,and documents at such times, (5/96) Page 4 of 8 pages ACC: Section 8 Moderate Rehabilitation SRO Program in such form, and accompanied by such of housing assistance payments, supporting data, as required by HUD. termination of the contract for housing assistance payments, or (c) HUD and the Comptroller General of recovery of overpayments); or the United States, or their duly autho- (4) The HA has made any misrepre- rized representatives, must have full and sentation to HUD of any material free access to all HA offices and facilities, fact. and to all the books, documents and records of the HA relevant to adminis- (b) HUD's exercise or non-exercise of any tration of the Program, including the right or remedy under this ACC is not a right to audit and to make copies. waiver of HUD's right to exercise that or any other right or remedy at any time. (d) The HA must engage and pay an inde- pendent public accountant to conduct 1.16 FIDELITY BOND COVERAGE audits that are required by HUD. The cost of audits required by HUD may be The HA must carry adequate fidelity bond charged against Program Receipts. coverage, as required by HUD, of its officers, agents, or employees handling cash or autho- 1.15 DEFAULT BY HA rized to sign checks or certify vouchers. (a) Upon written notice to the HA, HUD 1.17 EXCLUSION FROM PROGRAM may take possession of all or any HA property,rights or interests in connection Recipients of public assistance may not be with the Program,including funds held by excluded from participation in or be denied the a depositary, Program Receipts, and benefit of the Program because of such status. rights or interests under a contract for housing assistance payments with an 1.18 CONFLICT OF INTEREST PROVISIONS owner, if HUD determines that: (1) The HA has failed to comply with (a) Neither the HA nor any of its contractors any obligations under this ACC;or or their subcontractors may enter into (2) The HA has failed to comply with any contract,subcontract,or arrangement obligations under a contract for in connection with the Program in which housing assistance payments with any of the following classes of persons an owner,or has failed to take ap- has an interest, direct or indirect, during propriate action, to HUD's satis- tenure or for one year thereafter: faction or as directed by HUD,for (1) Any present or former member or enforcement of the HA's rights officer of the HA(except a tenant under a contract for housing assis- commissioner). tance payments (including requir- (2) Any employee of the HA who ing actions by the owner to cure a formulates policy or who default, termination, or reduction influences decisions with respect to (5/96) Page 5 of 8 pages ACC: Section 8 Moderate Rehabilitation SRO Program the Program. rehabilitation of nine or more assisted units (3) Any public official, member of a such clause or clauses as are required by HUD governing body, or State of local for compliance with its regulations issued legislator who exercises functions pursuant to the Copeland Act,the Davis-Bacon or responsibilities with respect to Act, and the Contract Work Hours and Safety the Program. Standards Act. The HA shall cooperate with HUD in conducting compliance reviews (b) Any member of these classes of persons pursuant to these Acts and regulations. must disclose the member's interest or prospective interest to the HA and HUD. 1.21 SECTION 3 REQUIREMENTS (c) The requirements of this section may be Subject to the threshold provisions of 24 CFR waived by HUD for good cause. No 135.3, the requirements of Section 3 of the person for whom a waiver is granted shall Housing and Urban Development Act of 1968, be permitted to exercise responsibilities as amended, and HUD's implementing or functions with respect to a contract for regulations at 24 CFR part 135 are applicable to housing assistance payments executed,or projects assisted under this ACC. to be executed, on his or her behalf, or Notwithstanding any other provision of this with respect to a contract for housing ACC, the HA shall carry out the provisions of assistance payments to which this person Section 3, the regulations at 24 CFR part 135, is a party. and all applicable rules and orders issued thereto prior to the execution of this ACC. The HA (d) The provisions of this section do not certifies and agrees that it is under no apply to the depositary agreement, or to contractual or other disability which would utility service for which the rates are prevent it from complying with these fixed or controlled by a governmental requirements. Compliance with these provisions agency. prior to approval by HUD of the application for this ACC shall be a condition of the Federal 1.19 INTEREST OF MEMBER OF OR DELEGATE financial assistance provided to the project, TO CONGRESS binding upon the HA,its successors and assigns. Failure to fulfill these requirements shall subject No member of or delegate to the Congress of the HA, its contractors and subcontractors, its the United States of America or resident successors and assigns to the sanctions specified commissioner shall be admitted to any share or by this ACC and such sanctions as specified by part of this ACC or to any benefits which may 24 CFR 135.76(g) or any successor provisions. arise from it. The HA shall incorporate or cause to be incorporated into any contract pursuant to this 1.20 LABOR STANDARDS ACC such clause or clauses as are required by HUD for compliance with its regulations issued The HA shall incorporate or cause to be pursuant to the Housing and Urban incorporated into any contract for moderate Development Act of 1968,as amended. The HA (51'96) Page 6 of 8 pages ACC: Section 8 Moderate Rehabilitation SRO Program shall cooperate with HUD in conducting sanctions and penalties for violations of compliance reviews pursuant to said Act and the Equal Opportunity Clause as may be regulations. imposed upon contractors and subcontractors by HUD or the Secretary 1.22 EQUAL EMPLOYMENT OPPORTUNITY of Labor pursuant to Part I1, Subpart D of the Executive Order. (a) The HA shall comply with Executive Order 11246, and shall incorporate or 1.23 ACC cause to be incorporated into all contracts for construction work (which (a) The ACC is a contract between HUD and exceed 510,000)of modifications thereof, the HA. as defined by the regulations of the Secretary of Labor at 41 CFR part 60, (b) This ACC supersedes any previous which are to be performed pursuant to Annual Contributions Contracts for the this ACC, the Equal Opportunity Clause Program. Matters relating to funding or contained in Section 202 of Executive operation of the Program under a Order 11246. previous Annual Contributions Contract are governed by this ACC. (b) The HA agrees that it will assist and cooperate actively with HUD and the Secretary of Labor in obtaining compliance of contractors and subcontractors with the rules,regulations and relevant orders of the Secretary of Labor, that it will furnish HUD and the Secretary of Labor such information as they may require for the supervision of such compliance and that it will otherwise assist HUD in the discharge of HUD's primary responsibility for securing compliance. (c) The HA further agrees that it will refrain from entering into any contract or contract modifications subject to Executive Order 11246 with a contractor debarred from, or who has not demonstrated eligibility for,Government contracts and Federally assisted construction contracts pursuant to the Executive Order and will carry out such (5/96) Page 7 of 8 pages ACC: Section 8 Moderate Rehabilitation SRO Program SIGNATURES: Housing Authority of thp County of Contra Cnqta HOUSING AGENCY Name or Housing Agency August 12 1997 ignature ate signed By: i r Print or type the name ana official title of Person WE signs UNITED STATES OF AMERICA Secretary of Housing and Urban Development Signature Date signed By: Print or type the name and official title of person who signs (5196) Page 8 of 8 pages U.S . DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 8 MODERATE REHABILITATION PROGRAM SINGLE ROOM OCCUPANCY ANNUAL CONTRIBUTIONS CONTRACT FUNDING EXHIBIT HOUSING AUTHORITY CONTA COSTA COUNTY HOUSING AUTHORITY HOUSING AUTHORITY FISCAL YEAR END: 3/31 CACC NO. : CAO11SRO PROJECT NO. FIRST DATE LAST DATE CONTRACT BUDGET UNITS OF TERM OF TERM AUTHORITY AUTHORITY CAO11SR0005 08-01-97 07-31-08 $171, 564 $1, 715, 640 29 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Section 8 Moderate Rehabilitation Single Room Occupancy Program Annual Contributions Contract TABLE OF SECTIONS 1.1 THE PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.2 AUTHORIZATION OF ACTIONS BY HA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.3 FUNDING AND TERM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.4 ANNUAL CONTRIBUTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.5 HUD PAYMENTS FOR THE PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.6 FISCAL YEAR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.7 PERIODIC ADJUSTMENT OF CONTRACT RENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.8 EXPEDITIOUS CARRYING OUT OF PROJECT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.9 ASSISTANCE TO ELIGIBLE INDIVIDUALS WHEN CONTRACTS ARE TERMINATED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.10 RESPONSIBILITY FOR ADMINISTRATION OF CONTRACT . . . . . . . . . . . . . . . . . . . . . . 3 1.11 HUD REQUIREMtNTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1.12 EXCLUSION OF THIRD PARTY RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1.13 DEPOSITARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 1.14 PROGRAM RECORDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 (5/96) 1.15 DEFAULT BY HA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1.16 FIDELITY BOND COVERAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1.17 EXCLUSIO14 FROM PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1.18 CONFLICT OF INTEREST PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1.19 INTEREST OF MEMBER OF OR DELEGATE TO CONGRESS . . . . . . . . . . . . . . . . . . . . . 6 1.20 LABOR STANDARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1.21 SECTION 3 REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 1.22 EQUAL EMPLOYMENT OPPORTUNITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 1.23 ACC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ii (5/96) U.S. Department of Housing and Urban Development i r Annual Contributions Contract Section 8 Moderate Rehabilitation Single Room Occupancy (SRO) Program 1.1 THE PROGRAM (b) The term "HA" means the Housing Agency which has executed this ACC. (a) PROJECTS IN PROGRAM (c) The term "HUD" means the United (1) The HA's Program under this States Department of Housing and Urban ACC includes all projects listed in Development. the funding exhibit attached to this ACC. (d) The term "Program Receipts" means amounts paid by HUD to the HA for the (2) The HA, to the maximum extent Program,and any other amounts received feasible, shall enter into Agree- by the HA in connection with the ments and Contracts in accordance Program. with the number of units in each project specified in the funding (e) The term "project" means each funding exhibit. No substantial deviation increment in the HA's Program. as defined by HUD from the number of units in each project is 1.2 AUTHORIZATION OF ACTIONS BY HA allowed without prior HUD approval. The HA shall not enter In order to carry out the project, the HA is into any Agreements or Contracts authorized to (a) enter into Agreements, (b) or take any other action which will enter into Contracts, (c) make housing result in a claim for an Annual assistance payments on behalf of eligible Contribution in respect to any individuals and (d) take all other necessary project in excess of the maximum actions, all in accordance with the application, amount authorized for that forms, conditions and requirements prescribed project. or approved by HUD. However, neither the HA nor HUD shall assume any obligations beyond those provided in the prescribed forms of Agreement and Contract. (5/96) Page 1 of 8 pages ACC: Section 8 Moderate Rehabilitation SRO Program 1.3 FUNDING AND TERM 1.5 HUD PAYMENTS FOR THE PROGRAM (a) The projects (funding increments) in the (a) HUD will make payments to the HA in HA's Program are listed in the funding accordance with HUD regulations and exhibit to this ACC. The funding exhibit requirements. states the amount and term of funding for each project. (b) For each HA Fiscal Year, HUD will pay the HA the amount approved by HUD to (b) The amount of contract and budget cover the following(subject to reduction authority for each project in the HA's by the amount of any Project Receipts Program is stated in the funding exhibit. other than Annual Contributions-- such "Contract authority" is the maximum as interest income--which Receipts shall annual payment by HUD to the HA for be available for Project Expenditures): a project. "Budget authority" is the (1) The amount of housing assistance maximum amount of funds available for payments payable during each payment to the HA over the term of the Fiscal Year by the HA pursuant to project. Budget authority is authorized Contracts with owners. (Such and appropriated by the Congress. payments may not be made for more than 10 years for any unit.) (c) The funding exhibit states the first date (2) The allowance, in the amount and last date of the ACC term for each approved by HUD,for preliminary project. costs of administration. (3) The allowance, in the amount 1.4 ANNUAL CONTRIBUTIONS approved by HUD,for the regular costs of administration including (a) HUD shall not make any Annual costs of HUD required audits of Contributions or any other payment with Owners and the HA. respect to any Fiscal Year for a project in excess of the contract authority for the (c) A Project Account shall be established project specified in the funding exhibit. and maintained for each project under However, this amount shall be reduced this ACC,in an amount as determined by commensurately with any reduction in the HUD, out of amounts by which the number of Contract Units or pursuant to contract authority for the project exceeds any other provision of this ACC or the amounts paid under the ACC for the Contract. project for any Fiscal Year. This account shall be established and maintained by (b) The total amount of payments for a HUD as a specifically identified and project over the project term must not segregated account. To the extent funds exceed budget authority for the project are available in this account, the specified in the Funding Exhibit. maximum amount payable by HUD for any Fiscal Year may be increased by an (5/96) Page 2 of 8 pages ACC: Section 8 Moderate Rehabilitation SRO Program amount, if any, as may be required for 1.7 PERIODIC ADJUSTMENTS OF CONTRACT increases reflected in the estimate of RENTS required Annual Contribution applicable to the Fiscal Year as approved ;,y HUD. The Contract will provide for periodic adjustments in the Contract Rents, in (d) HUD will make periodic payments on accordance with applicable HUD regulations,up account of each project upon requisition to the maximum amount authorized for housing by the HA in the form prescribed by assistance payments in the HUD-approved HUD. Each requisition shall include estimate submitted by the HA. certification by the HA that housing assistance payments have been or will be 1.8 EXPEDITIOUS CARRYING OUT OF made only. PROJECT (1) In accordance with the provisions of the Contract, and The HA shall proceed expeditiously to (2) With respect to units which the implement the Program consistent with the HA has inspected or caused to be rehabilitation and leasing schedule for each inspected and determined to be in project.If the HA fails to proceed expeditiously, decent,safe and sanitary condition, HUD may terminate or reduce its obligation within one year prior to the under this ACC with respect to the project. making of housing assistance payments. 1.9 ASSISTANCE TO ELIGIBLE INDIVIDUALS WHEN CONTRACTS ARE TERMINATED (e) Following the end of each Fiscal Year, any amount by which the total payments When the Contract for any unit(s)is terminated made during that Fiscal Year exceed the for any reason, leaving budget authority Annual Contribution payable in available under this ACC, the assisted accordance with this section will be individual(s),if eligible for continued assistance, subtracted from the next payment made or other eligible individuals, if the unit(s) is by HUD to the HA, unless other vacant, may continue to receive Housing disposition is approved or required by assistance for the remainder of the ACC term in HUD. accordance with HUD regulations by the use of the SRO funding for Rental Certificate or 1.6 FISCAL YEAR Voucher assistance. The funding exhibit states the last month and 1.10 RESPONSIBILITY FOR ADMINISTRATION day of the HA Fiscal Year. OF CONTRACT The HA is responsible for administration of the Contract, subject to review and audit by HUD. (5/96) Page 3 of 8 pages ACC: Section 8 Moderate Rehabilitation SRO Program 1.11 HUD REQUIREMENTS (b) The HA must enter an agreement with the depositary institution in the form (a) The HA must comply, and must require required by HUD. owners to comply,with the requirements of the U.S. Housing Act of 1937, the (c) The HA may only withdraw deposited McKinney Homeless Assistance Act and Program Receipts for use in connection all HUD regulations and other re- with the Program in accordance with quirements,including any amendments or HUD requirements. changes in the law or HUD requirements. (d) The agreement with the depositary (b) The HA must comply with its HUD- institution must provide that if required approved administrative plan, equal under a written notice from HUD to the opportunity housing plan and the HUD- depositary: approved application for Program (1) The depositary must not permit funding. any withdrawal of deposited funds by the HA unless withdrawals by (c) The HA must use the Program forms the HA are expressly authorized by required by HUD. written notice from HUD to the depositary. 1.12 EXCLUSION OF THIRD PARTY RIGHTS (2) The depositary must permit with- drawals of deposited funds by (a) An individual that is eligible for housing HUD. assistance under this ACC is not a party to or third party beneficiary of the ACC. (e) If approved by HUD, the HA may deposit under the depositary agreement (b) Nothing in the ACC shall be construed as monies received or held by the HA in creating any right of any third party to connection with any contract between the enforce any provision of this ACC, or to HA and HUD. assert any claim against HUD or the HA. 1.14 PROGRAM RECORDS 1.13 DEPOSITARY (a) The HA must maintain complete and (a) Unless otherwise required or permitted accurate books of account and records for by HUD, all Program Receipts must be the Program. The books and records promptly deposited with a financial must be in accordance with HUD institution selected as the depositary requirements, and must permit a speedy by the HA in accordance with HUD and effective audit. requirements. (b) The HA must furnish HUD such finan- cial and Program reports, records, statements,and documents at such times, (5/96) Page 4 of 8 pages ACC: Section 8 Moderate Rehabilitation SRO Program in such form, and accompanied by such of housing assistance payments, supporting data, as required by HUD. termination of the contract for housing assistance payments, or (c) HUD and the Comptroller General of recovery of overpayments); or the United States, or their duly autho- (4) The HA has made any misrepre- rized representatives, must have full and sentation to HUD of any material free access to all HA offices and facilities, fact. and to all the books, documents and records of the HA relevant to adminis- (b) HUD's exercise or non-exercise of any tration of the Program, including the right or remedy under this ACC is not a right to audit and to make copies. waiver of HUD's right to exercise that or any other right or remedy at any time. (d) The HA must engage and pay an inde- pendent public accountant to conduct 1.16 FIDELITY BOND COVERAGE audits that are required by HUD. The cost of audits required by HUD may be The HA must carry adequate fidelity bond charged against Program Receipts. coverage, as required by HUD, of its officers, agents, or employees handling cash or autho- 1.15 DEFAULT BY HA rized to sign checks or certify vouchers. (a) Upon written notice to the HA, HUD 1.17 EXCLUSION FROM PROGRAM may take possession of all or any HA property,rights or interests in connection Recipients of public assistance may not be with the Program,including funds held by excluded from participation in or be denied the a depositary, Program Receipts, and benefit of the Program because of such status. rights or interests under a contract for housing assistance payments with an 1.18 CONFLICT OF INTEREST PROVISIONS owner, if HUD determines that: (1) The HA has failed to comply with (a) Neither the HA nor any of its contractors any obligations under this ACC;or or their subcontractors may enter into (2) The HA has failed to comply with any contract,subcontract,or arrangement obligations under a contract for in connection with the Program in which housing assistance payments with any of the following classes of persons an owner,or has failed to take ap- has an interest, direct or indirect, during propriate action, to HUD's satis- tenure or for one year thereafter: faction or as directed by HUD,for (1) Any present or former member or enforcement of the HA's rights officer of the HA(except a tenant under a contract for housing assis- commissioner). tance payments (including requir- (2) Any employee of the HA who ing actions by the owner to cure a formulates policy or who default, termination,or reduction influences decisions with respect to (5/96) Page 5 of 8 pages ACC: Section 8 Moderate Rehabilitation SRO Program the Program. rehabilitation of nine or more assisted units (3) Any public official, member of a such clause or clauses as are required by HUD governing body, or State of local for compliance with its regulations issued legislator who exercises functions pursuant to the Copeland Act, the Davis-Bacon or responsibilities with respect to Act, and the Contract Work Hours and Safety the Program. Standards Am The HA shall cooperate with HUD in conducting compliance reviews (b) Any member of these classes of persons pursuant to these Acts and regulations. must disclose the member's interest or prospective interest to the HA and HUD. 1.21 SECTION 3 REQUIRFAIENTS (c) The requirements of this section may be Subject to the threshold provisions of 24 CFR waived by HUD for good cause. No 135.3, the requirements of Section 3 of the person for whom a waiver is granted shall Housing and Urban Development Act of 1968, be permitted to exercise responsibilities as amended, and HUD's implementing or functions with respect to a contract for regulations at 24 CFR part 135 are applicable to housing assistance payments executed,or projects assisted under this ACC. to be executed, on his or her behalf, or Notwithstanding any other provision of this with respect to a contract for housing ACC, the HA shall carry out the provisions of assistance payments to which this person Section 3, the regulations at 24 CFR part 135, is a party. and all applicable rules and orders issued thereto prior to the execution of this ACC. The HA (d) The provisions of this section do not certifies and agrees that it is under no apply to the depositary agreement, or to contractual or other disability which would utility service for which the rates are prevent it from complying with these fixed or controlled by a governmental requirements. Compliance with these provisions agency. prior to approval by HUD of the application for this ACC shall be a condition of the Federal 1.19 INTEREST OF MEMBER OF OR DELEGATE financial assistance provided to the project, TO CONGRESS binding upon the HA,its successors and assigns. Failure to fulfill these requirements shall subject No member of or delegate to the Congress of the HA, its contractors and subcontractors, its the United States of America or resident successors and assigns to the sanctions specified commissioner shall be admitted to any share or by this ACC and such sanctions as specified by part of this ACC or to any benefits which may 24 CFR 135.76(g) or any successor provisions. arise from it. The HA shall incorporate or cause to be incorporated into any contract pursuant to this 1.20 LABOR STANDARDS ACC such clause or clauses as are required by HUD for compliance with its regulations issued The HA shall incorporate or cause to be pursuant to the Housing and Urban incorporated into any contract for moderate Development Act of 1968,as amended. The HA (5/'96) Page 6 of 8 pages ACC: Section 8 Moderate Rehabilitation SRO Program shall cooperate with HUD in conducting sanctions and penalties for violations of compliance reviews pursuant to said Act and the Equal Opportunity Clause as may be regulations. imposed upon contractors and subcontractors by HUD or the Secretary 1.22 EQUAL EMPLOYMENT OPPORTUNITY of Labor pursuant to Part u Subpart D of the Executive Order. (a) The HA shall comply with Executive Order 11246, and shall incorporate or 1.23 ACC cause to be incorporated into all contracts for construction work (which (a) The ACC is a contract between HUD and exceed$10,000)or modifications thereof, the HA. as defined by the regulations of the Secretary of Labor at 41 CFR part 60, (b) This ACC supersedes any previous which are to be performed pursuant to Annual Contributions Contracts for the this ACC, the Equal Opportunity Clause Program. Matters relating to funding or contained in Section 202 of Executive operation of the Program under a Order 11246. previous Annual Contributions Contract are governed by this ACC. (b) The HA agrees that it will assist and cooperate actively with HUD and the Secretary of Labor in obtaining compliance of contractors and subcontractors with the rules,regulations and relevant orders of the Secretary of Labor, that it will furnish HUD and the Secret,Ary of Labor such information as they may require for the supervision of such compliance and that it will otherwise assist HUD in the discharge of HUD's primary responsibility for securing compliance. (c) The HA further agrees that it will refrain from entering into any contract or contract modifications subject to Executive Order 11246 with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally assisted construction contracts pursuant to the Executive Order and will carry out such (5/96) Page 7 of 8 pages ACC: Section 8 Moderate Rehabilitation SRO Program SIGNATURES: Housing Authority of the County of Contra Costa HOUSING AGENCY Name of Housing Agency khQ1 Au u ignature ate signed By: S V'Q&- w Tint or type t e name anti o cia ti e o person W40 signs UNITED STATES OF AMERICA Secretary of Housing and Urban Development Signature Date signed By: Print or type the name and official title of person who signs (5/96) Page 8 of 8 pages i U.S . DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 8 MODERATE REHABILITATION PROGRAM SINGLE ROOM OCCUPANCY ANNUAL CONTRIBUTIONS CONTRACT FUNDING EXHIBIT HOUSING AUTHORITY CONTA COSTA COUNTY HOUSING AUTHORITY HOUSING AUTHORITY FISCAL YEAR END: 3/31 CACC NO. : CA011SRO PROJECT NO. FIRST DATE LAST DATE CONTRACT BUDGET UNITS OF TERM OF TERM AUTHORITY AUTHORITY CA011SR0005 08-01-97 07-31-08 $171, 564 $1, 715, 640 29