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HomeMy WebLinkAboutMINUTES - 11021993 - 1.57 2 C HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA T0: BOARD OF COMMISSIONERS FROM: Richard J. Martinez, Executive Director DATE: November 2, 1993 SUBJECT: AMENDMENT N0. 48 TO ANNUAL CONTRIBUTIONS CONTRACT SF-182 FOR LEAD-BASE PAINT RISK ASSESSMENT AT TEN HOUSING AUTHORITY DEVELOPMENTS - $32,175 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: ADOPT Resolution No. 3693 authorizing the execution of Amendment No. 48 to Annual Contributions Contract No. SF-182 and approving execution and recordation of Declaration of Trust and AUTHORIZE the Executive Director of the Housing Authority of the County of Contra Costato execute all necessary HUD contract documents for the $32,175 in Comprehensive Improvement Assistance Program funds approved for lead-base- paint risk assessment of ten housing development under Project No. CA39-PO11-91493, as recommended by the Advisory Housing Commission. II. FINANCIAL IMPACT: Funding has been approved by the U. S. Department of Housing and Urban Development (HUD) under its Comprehensive Improvement Assistance Program (CIAP) in the total of amount of $32,175 for lead-base paint assessment at CA011001, Alhambra Terrace; CA011002, Los Medanos, West Pittsburg; CA011003, Bridgemont, Antioch; CA011004, Los Nogales, Brentwood; CA011005, E1 Pueblo, Pittsburg; CA011008, Lose Arboles, Oakley; CA011006, CA011009A+ and CA01109B, Las Deltas, North Richmond and CA011010, Bayo Vista. III. REASONS FOR RECOMMENDATION/BACKGROUND: On October 15, 1993 the Housing Authority of the County of Contra Costa received a letter from Julian A. Fitzhugh,Director, Office of Public Housing, San Francisco Regional Office of the Department of Housing and Urban Development, announcing that our final Comprehensive Improvement Assistance Program (CIAP) Fiscal Year 1993 funding would include $32,175 for Lead-Base Paint Risk Assessment. IV. CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect to not adopt Resolution No. 3693, authorizng the execution of Amendment No. 48 to the Annual Contributions Contract No. SF-182, and approving the execution and recordation of the Declaration of Trust, the Department of Housing and Urban Development would withdraw its allocation of $32,175, thereby jeopardizing the lead-base paint risk assessment of ten Housing Authority developments. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARDO��j�.,�r�P�y�.� , 1 �� APPROVED AS RECOMMENDED OTHER VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A 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 --� PHIL BATCHELO , CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR DEPUTY THE BOARD OF COMMISSIONERS, HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA RESOLUTION NO. 3693 RESOLUTION APPROVING MODERNIZATION PROJECT GRANT TO CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT NO. SF-182 AND AUTHORIZING ITS EXECUTION AND RECORDATION OF DECLARATION OF TRUST WHEREAS, the Housing Authority of the County of Contra Costa (herein called the "Local Authority") entered into a Consolidated Annual Contributions Contract on February 24, 1962 (as amended) , with the United States of America (herein called the "Government") ; and, WHEREAS, it is deemed advisable by the Local Authority and the Government to amend the Consolidated Annual Contributions Contract in the particulars indicated in such Amendment and to execute a declaration of trust in connection therewith; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Housing Authority of the County of Contra Costa, as follows: 1. The amendment to the Annual Contributions Contract is hereby approved and accepted. The Executive Director is hereby authorized and directed to execute seven counterparts of the. Amendment on behalf of the Local Authority, and the Secretary is hereby authorized to impress and attest the official seal of the Local Authority on each such counterpart and to forward such executed counterparts, or any of them, 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 NOVEMBER 2 , 1993by the following vote of the Board of Commissioners: AYES: Commissioners. Pewers.;, Smith:;B shop, 'M�geak &' Torlakson NOES: NONE ABSENT: NONE ABSTAIN: NONE Comp heFsWIIi1Qt0Y@tf1"ASSL�ce ftgr"•rn U.S. Department of Housing "y ' and Urban Development (CIAP) Arbendment Ottice of Public and Indian Housing To Consolidated Annual Contributions Contract or To Mutual Help Consolidated Annual Contributions Contract Whereas,(Housing Authority) Housing Authority of the County of Contra Costa (herein called the"HA") and the United States of America.Secretary of Housing and Urban Development(herein called"HUD") entered into Consolidated Annual Contributions Contract(s)(ACC)Number(s) SF-182 dated February 24, 1962 ;and/orMutaadiieip eonsolidate&AeQs)-Marttrc M dated- (herein called the"ACCs-): Whereas,HUD has agreed to provide CIAP grant assistance.upon execution of this Amendment,to the HA in the amount to be specified below for the purpose of assisting the HA in financing improvements to the physical condition of existing public/Indian housing developments and upgrades to the management and operation of such developments in order to ensure that such developments continue to be available to serve low-income families: s 32,175 for Fiscal Year 19 93: to be referred to under Modernization Project Number CA39-PO11-91493 . AN'hereas,HUD and the HA are entering into this CIAP Amendment Number 48 . Noir Therefore,the ACCs are amended as follows: 1. The ACCs are amended to provide CIAP grant assistance in the However.the provisions of Section 308(B)and (C)of the ACC amounts specifiedabove for modernization of HA developments (Article 14.2 of the Mutual Help Consolidated ACC)shall remain (including section 23 leased-housing bond financed.Mutual Help in effect for so long as HUD determines there is any outstanding and Turnkey 111).This amendment is a part of the ACCs. indebtedness of the HA to HUD which arose in connection with 2. The modernization work shall be carried out in accordance with any development(s)under the ACCs and which is not eligible for all HUD regulations and other requirements applicable to the forgiveness,and provided further that, for a period of ten years Comprehensive Improvement Assistance Program. following the last payment of operating subsidy to the HA. no disposition of any development covered by this amendment shall 3. In accordance with the HUD regulations,the CIAP Budget has occur unless approved by HUD. been adopted by the HA and approved by HUD, and may be 6. Section 404 of Part II of the ACC(Article 4.2 of the Mutual Help amended from time to time. The modernization work shall be Consolidated ACC)shall not be applicable to the CIAP Grant. carried out as described in the CIAP Budget. 4. Subject to the provisions of Pan II of the ACCs.and to assist in 7. If the HA does rrot comply with any of its obligations under this the modernization,HUD agrees to disburse to the HA from time Amendment. HUD may direct the HA to terTrunate all work totimeasneeded,uptotheamountoffundingassistancespecified described in the CIAP Budget. In such case, the RA shall only above. The HA's deposit account number is: incur additional costs with HUD approval, 8. Implementation or use of funding assistance provided under this Amendment is subject to attached corrective action order(s). S. The HA shall continue to operate each development(for section (mark on*): [:]Yes ®No 23 lease-housing bond financed, after the expiration of the respective lease terms. the HA shall continue to operate each 9. The HA acknowledges its responsibility for adherence to this development) as low-income housing in compliance with the Amendment by subgrantees to which it snakes funding assisLince ACCs,as amended,the United States Housing Act of 1937(the hereunder available. "Act")and all HUD regulations and requirements for a period of 10. Byrd Amendment Award Clause. twenty years after the last disbursement of CIAP grant assistance. The:parties have caused this Amendment to be effective as of the date of execution on behalf of the United Stites,wl stm d below. U.S. Department of Housing and Urban Development HA Executive Director BY: Da!e: By: Cxe: Tme- Tile: �l'ulian A. Fitzhu h Director Office of Pub. Richard J. Martinez, Executive Director Housing !arm HUD-53009(3 631 Page t of t ret Harnc5ock 7465 1 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 U.S.C. 51352 and OMB Interim Final Guidance at 54 FR 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 Interim Final Guidance, S_.200(a) and (b) , .2051 . 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 form (SF-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 $150,000, must disclose (on SF-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 naw disclosure form must be filed: 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 subrecipients. 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) . �o Penalties . Disclosure data will be subject to public scrutiny and will be submitted to Congress for review. See O2M Interim Final Guidance, S .600(a) and (b) . Any person who makes 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. See OMB Interim Final Guidance, S .400(a) and (b) . Violations of the law will be reported to Congress . See OMB Interim Final Guidance, $ . 605(x) and (d) .