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HomeMy WebLinkAboutMINUTES - 12071993 - 1.157 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO: BOARD OF COMMISSIONERS FROM: Richard J. Martinez, Executive Director DATE: December 7, 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. 3695 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: Budget and Contract authority in the amount of $11,906,957 has been allocated to the Housing Authority to extend the contract on all 4137 units of Section 8 Existing Housing from November 30, 1993 to March 31, 1994. III. REASONS FOR RECOMMENDATION/BACKGROUND: The Housing Authority has received notification from the U. S. Department 'of Housing and Urban Development that $111,906,957 in contract authority has been allocated to the Housing Authority Section 8 Housing Certificate Program to provide sufficient funds to extend the contract on all 4137 housing certificates from November 30, 1993 to March 31, 1994. 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. 3695. At its regular meeting on Monday, November 22, 1993 the Advisory Housing Commission, recommended adoption of Resolution No. 3695 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. 3695, the Housing Authority would be unable to support the 4137 housing certificates in its Section 8 Housing Certificate Program after November 30, 1993. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON-��_ ,.�-'1. \Qa-A. 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 BATCHELO , CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR BY 7 l�e� Q O� „�, DEPUTY THE BOARD OF COMMISSIONERS, HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA C RESOLUTION NO. 3695 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 December 7 , 1993 ' by the following vote of the Commissioners: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN:None r HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA ACC Part I Number: SF-468 E U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 8 EXIMUG CONSOLIDATED ANNUAL CONTRIBUIMONS CONTRACT PARTI Loc HOUSING CER TZftLCATE PROGRAM Ll D EFINMO NS. A. ACC. As used in Part I of this CACC, 'ACC' none the Acn va CcrAzUttra Caftwt Lor oich pao*:!L As used in Part II of this CACC, "ACC' Janna the CACC. S P� . The sa:3sus aggregate ama�nt which maybe �eadb poorjwt in the P=gm■ am the duration of the CACC. Bu5_wt Au&v=*y is reserved by HUD fton amaz is wAbcdzed and appnopdated by the Cc gi, 1 1. (Ed*ft II lists budget audwdty far fix3dW w$h anct ted in PbBesal F'leonl Yaw 1985 and YOM J C. C_ Co 3wit abed Anzol CaobdbAdbW Cant eget. D. Cantzact A . Me amount of contract authority for eat is Imed in Ed*& I ar Exhlait II of this CACC Paoli I (subject to reduetiau in acomdance with ae I L&D and asc d- 2.3 of 01de CACC). Lr Cost A send•ent An aseed seat to the CACC which peav33es Zee oa�ct Q bu3get aukhocity to oovar increased Progca• to maintain the P=gma at the number of uAn adginaI appovv—by BUD. !. Flseal Yens. Mn PHA Flennl Year. ACC Part Is Page 1 of 6 pages HUD 52520 B (August 1988) G. HUD. U.& Department.of Souskhg and Utben Development. H. Maximum Anmal C;on rtxrtion Cox aitaent. Fee ae,I" L4.C.l.b of dile CACC. L PHA. Pdblic Bousi;hg Agency. J. Prx. 7he PHA's BeuskV Ceatifimte Prgsa uaier the CACC. R. Z�Rm Rixxdpts. Amounts paf3 by HUD to the PSA kc the ig cettlEbate P=gra a, and any other a mounts reoeled by the PHA in donne n with the Pragraa. L. Prvr�ra m Ehspechdithzm Amounts which may be dharg d against r=jm a Rece%m In ac c+aodanos with the CACC and HUD req ke aents. ?L A Smerit Lor the Program. (The phvjset may add$ioaal units or 2z a oust amerhdnent) L2. HOUSZIG CERTMCATE PROGRAM. A. PrCiicts In Pragtaa. L List of 1lhe in the Progta■ are listed in I ZZFEM&It of this CAC C Part L 2. Ed*dt L E hit�dt I 2ieks poo jec-ts Azx%A Frith annus before Pb3eral Pbml Year 1988. 3. 3L Rdit t II lista Girded with amounts appo tied in Pe3eral Pfsosl Yea=1988.end lat ur yaem B. Humber of Unita Qx numbs of IWArriomgl. .1b the maximum ehctent hwudhu the PEAenter contracts fiat housing amdstanoe pry 1 to for units undw the Psogiaa in aooaiodanoe with the unit alloll3utim aIaI I In. this seetioo. Mo ai�■tantinl devistim, as detseained by HUD, from this unit is allowed wftn*ph is[ HUD q*vovaL Humber ofbed:ooas Humber of Ua$s 0 0 1 1— 435 2 1769 3 829 4 98 5 6 TOTAL: X4137 ACC Part I: Page 2 of 6 pages HUD 52520 B (August 1988) L • ' G PHA Fier al Year. L The first So=]year far the P=vgra a etaII begs an October 30, 1979 . ( the effective daft for the &vt Fo3erc't SGUM Wdbft I of Patz I of the CACC. If this date is not enGece It afte the CACC is sk ied by the PHA, the date any be a1 1 P I dy by HUD, upw wry t:od, m by HUD to the PHA.) The fiat Pjeoal Year for the Prograa *ma aid a: the last day of the PHA Fiscal Year which ands not lees than 12 m r -m , cra cre than 23 m r, d m a8nr this date. 2. Ttmcvaf w, the fiscal year for the PzoF a *an be the 12 aarrth vedod er:dic:q March 31 of each a--ate'-- on�sdaar year. (uze:a�a say aao n usesas a:e F*W Year eo<]in9 date for ottmr sec , 8 amd taac�e adafdstereI by the PHA under an Aanwd Cartzact w h BUD.) L3. TERM. A. Exht:dt I Pr For an Pzq*-Ix listed in bddbdt Ii the beers of the CACC and am October 29, 1994 (Zosert last date of C AC C tera foranZ&d3ft I date $ not m it m P d before the CACC is sided by the PBA, the date nay be anter+ed tV by BUD, upon wrt a by BUD to the PBA. 8. E imt II Prvjac Ptr each listed in Red*ilt ZB L lbh*,* II states the first date and last date of the ACC tern for the p=ojec,t: 2. The first date of the ACC term for the &Mbe the first day of the earth wbm BUD signs the CACC whidi adds the peoojeat to the P=ograa, ar another date as deberafrsd by BUD. 3. V the fieat ac la■t date of the ACC term for the gvjeet is not enboced be one the CACC is signed by the PBA, the date aay be ecsI- Z by BUD, upcn wren notioeby HUD to the PBA. 4. HUD say revise Eddbdit II at any time, upas writt m notice by BUD to the PHA (a) to add a oast anend ser t poojec.'t, ser (b) to remove a pcorject Az whiff the ACC bora has ACC Part I: Page 3 of 6 pages HUD 52520 B (August 1988) L4 ANNUAL CONTRIBUTION. A. menta HUD dva pW the PHA ars al for the Progm inaoocat=e with HUD regukticss and=equi iementa B. Amount and Pugxm of HUD Pay m ennts L Tt a annual I 2m3don for the P=gca a *ma be the amount approved by HUD for each Pima] Year to amm a. The amount of hotn tV assiftwe psyments by the PHA. b. The amount of PHA fwa for Progcaa adafnietsad= 2. The amount of the HUD annual may be redox W as deter■feed by HUD,by the amount of Pmgra m Recet to (azh as fnbrae+it- fnooae) other than the HUD an al C. Maxim u■ Pavy a encs for Progm a. L Annual Ltat an Pay•sonde for Prom a. a. Emoept fc r pay merrta &on the CAC C reretve a000nt as provA d in aec - 14.8 of this CACC, the HUD annual x 1 ,10don for the p=jcan unser rection L" dudaq the PhK al Year dnaII not be nota Rion the Maid-ua Antal tim Com atmennt for the Pro9 am. b. fte Hand-un Annual Condrbudan Com akment for the Prograa for each PHA P%cal Yaw danbe equal to the su■ of the Cotxact ac dv=ky aaouats rm ved by HUD for the ptio the Program. The amount of eartsact and c2ty reecved for each is the Progca a is stated is Rddbdt I and It of this CAC Part I(atrjeet to reducdM in a000n3aooe With rection L4.D and sscldon 23 of this CACC). If the Soot Fb=1 Year t r the P:ogca a is son tiara 12 a- d 6 the Maadsu■ Annual 3dm Com atment for the Pn vg+ca a 2w the fact Faecal Yaw may be adjasted Im an amount as detarafad by HUD by the a51111- of the pun zata amount apptioebie to the period in woes of 12 monftm ACC Part Is Page 4 of 6 pages HUD 52520 8 (August 1988) ACC Part I Nuaben SF-468 t EX HIBI T"II Amsted In Federal Fiscal Yee•r 2986 and Lanese Yamm Ab tion: CA Ccobract audiXdty. BA BuSget author ty. pFDJpCT CA RA FIRST DATE IAM DATE UNIT gUKgEjR OF TRRN OF TERN DISTRI- BUTION CA39-E011-002 . (767,556) $8,677,426 11-16-76 11-25-91 Renewals - 86 x 0194 CA39-E011-028 2,429,934 12;149,670 11-01-91 10-31-96 1 BR 201 2 BR 75 3 BR 13 4 BR 12 CA39-E011-003 425,364 6,380,460 01-23-78 01-22-93 2 BR 79 3 BR 55 CA39-E011-004 101,400 1,521,000 01-23-78 01-22-93 3 BR 20 4 BR 5 CA39-E011-027 591,360 2,956,800 02-01-92 01-31-97 1 BR 23 2 BR 35. 3 BR 6 4 BR 4 5- BR 2 CA39-E011-029 478,399 2,391,995 07-01-92 06-30-97 1 BR 7 2 BR 22 3 BR 18 4 BR 3 CA39-E011-006 744,420 11,166,300 08-30-78 08-29-93 1 BR 125 2 BR 75 3 BR 18 4 BR 10 CA39-E011-901 (5,387,695) 16,163,085 04-01-89 03-31-92 UNITED STATES OF A14MCA CR ARY Of ff-oU§YG_AND URBAN DEVE2,OPKENT to s ignm Exhibit II: Page 3y of 4 pages HUD $25213 8 (August 1988) SF-468 A CC Fart I btu abecz * L E_X II b©d In Fodacal F"Se� Yt+ar 1966 erd Lat m r Years A ix-zvfa tlon: CA • Cant ract a ut3)ar.3ty. B A Bi3.?et autbxty. P Rl3J PICTCA SA F I RST DATE LAST DATE UNIT $ OF TSRH OF TBRN DISTRI- BUTION CA39-E011-031 $649,003 $3,245,015 12-01-92 11-30-97 2 8R 27 3 BR 21 4 BR 7 5 8R 4 CA39-E011-032 405,551 2,027,755 01-01-93 12-31-97 2 BR 19 3 BR 10 4 BR 11 CA39-EO11-003 ( .,425,364) 6,380,460 01-23-78 01-22-93 CA39-E011-004 ( 101,400) 1,521,000 01-23-78 01-22-93 Replacement CA39-E011-033 1,646,764 8,233,820 01-01-93 12-31-97 2 BR 79 3 BR 75 4 BR 5 CA39-EO11-902 946,054 946,054 04-01-93 03-31-94 CA390EO11-006 (744,420) 11,166,300 08-30-78 08-29-93 Replacement: CA39-E011-034 1,993,016 9,965,080 08-01-93 07-31-98 1 BR 125 2 BR 75 3 BR 18 4 BR 10 CA39-EO11-903 - 11,906,957 11,906,957 11-01-93 03-31-94 UbUTLD STATES Ot AMERICA Y O 0MoMb URBAN D EYEL0 P M E" bat; of Vxhibit Its page 4o _4. pages HUD 52520 8 (August 1988) EXHIBIT III 3YRD 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 V.S.C. S1352 and OMB Interim Final Guidance at 54 FA 52306 et sea. (December 20, 1989) . 2 . general 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 branch personnel 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 Interna Final Guidance, S_.200(a) and (b) , .205, .300. 3 . Certificatiorit. Any person who requests or receives a Federal contract, grant, or cooperative agreement exceeding $100,0008 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 . Statement,g. 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 form (SP-LLL) if 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 $100,000, or a Federal loan, loan guarantee, or loan insurance exceeding 51501000, must disclose (on SP-LLL) any payments made, or agreement to make any 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 OMB Interim Final Guidance, S .210, .300(b) . A now 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 subreclRients . 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. SS 0" Interim Final Guidance, S .600(a) and (b) . Any person who mattes 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. deg OMB Interim Final Guidance, S .400(a) and (b) . Violations of the law will be reported to Congress . See OMB Interim Final Guidance, S . 605(a) and (d) .