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HomeMy WebLinkAboutMINUTES - 10111994 - 1.53 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 2:0: BOARD OF COMMISSIONERS FROM: Richard J. Martinez, Executive Director DATE: October 11, 1994 SUBJECT: APPROVING AMENDMENTS TO ANNUAL CONTRIBUTIONS CONTRACT NO. SF-468 FOR BOTH THE SECTION 8 HOUSING CERTIFICATE AND HOUSING VOUCHER PROGRAMS AND AUTHO`RIZING EXECUTION SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: ADOPT Resolution No. 3724 approving superseding Part I and New Part II of the Section 8 Housing Certificate Program: ADOPT Resolution No. 3725 approving amended Part I and Exhibit I of the Section 8 Housing Voucher Program under Annual Contributions Contract No. SF-468; and, AUTHORIZE execution of these amendments by the Chairman of the Board of Commissioners. II. FINANCIAL IMPACT: . Contract authority in the amount of $746,694 has been allocated for dwelling rents and administrative fees for 130 Section 8 Housing Certificates, and contract authority in the amount of $155,698 has been allocated for dwelling rents and administrative fees for 18 Section 8 Housing Vouchers. Tfie.se funds are for the Section 8 Aftercare Program and these .projects have been transferred from the California State Department of Housing and Community Deve1•opmen`t. III. REASONS FOR RECOMMENDATION/BACKGROUND: On August 2, 1994 the Board of Commissioners authorized the transfer of responsibility for operation of the Section 8 A'fterpare pro;gra.m currently being operated by the Housing Authority of the County of Contra Costa from the California State Department of Housing and Community Development to the U. S. Department of . Housing and Urban Development (HUD) . To coinplette th`e transfer from ,the California State Department of Housing and Community Die ve-lopmefit to HUD, it w l' be necessary for the Board of Commi ssi oenrs to adopt Resol'utfoins 3724 an'd' 372.5 ameKd4.'ng Annual Contributions Contract No. SF-468 for both the Section 8 Housing Cer-ti` -cate and Housing Voucher programs: IV. CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect to not adopt these Resolutions, the Housing Authority would lose its funding for the 130 Section 8 Ho'u,s-i.ng Certificate and 18 Section 8 Housing Vouchers allocated under the Section 8 Aftercare Program. CONTINUED ON-ATTACHMENT: YES SIGNATURE -17 RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON OCT 1 1 M APPROVED AS RECOMMENDED OTHER VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A 4— 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 OCT 111994 PHIL BATCHELOR, CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR _ BY DEPUTY THE BOARD OF COMMISSIONERS, HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA RESOLUTION NO. 3724 RESOLUTION APPROVING SU;PERSEDI,NG PART I AND .NEW_ PART II OF SECTION ,8 .HOYSj1NG dRTRI ;Ff1CA1T�E PROG'RtAM; ANNUAL CONTRI;BUT.IONS CONT; A`C�T N0. S,'F='468 AND AUTHOR4ZING EAX;SCUT°ION WHEREAS, the Housing Authority of the County of Contra Costa ("PHA") entered into a Section 8 Annual Contri=but-ions 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 525,206 (Augrust, 1.988.) , appO i cab.l e to the Section 8 Existing Housing Cert'ifi'cate Program; and, b. New Part II of the ACC, HUD 52520E (Jan. 19.900., applicable to Section 8 Existing Housi n,g `CertT-`fi'cat-e Program and Section 8 Existing Housing Voucher Program: NOW, THEREFORE, BE IT RESOLVED BY THE PHA as follows: 1. The SUPERSEDING Part I Section 8 ACC and the New Part II of the ACC for the Housing Certificate Program and the Hou;s,ing Voucher Program are hereby appProv..eAd and accepted. The C;ha�i rman or Acting Chairman is liere'by a ft'lhori�zed and di re�ctyea to execute the counterparts of the ACC on behaa f off 4h PHA, a.n'd the S.6c�re,tary i s hereby authorized to impress the offici=al s'6 -1 o'f the P#6 on each such counterpart and to forward suchexe,cut:etl coun_terp4,rts to the Government together with such other doC.ument�s ev rd'en161l"g th'e approval and authorizing the execution t=hereof as may .b'e required by the Government. 2. This resolution shall take effect immediately. PASSED ON October 1-f, 1994 by the following vote of the Commissioners: AYES: Commissioners Smith, Bishop, DeSaulnier, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None THE BOARD OF COMMISSIONERS, HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA RESOLUTION NO. 3725 APPROVING AMENDED PART I SECTION 8 HOUS�kIVG VOUCHER PROGRAM ANNUAL CONTRIBUTIONS CONTRACT NO. SF-468V AND AUTHORI Z 1NG EXECUT-ION WHEREAS, the Housing Authority of the County of Contra Costa ("PHA") desires to enter into an amended Annual Contrritbutdions Contract ("ACC") with the United States of America ("Government") for the Section 8 Existing Voucher Program; and, WHEREAS, the amended Section 8 Existing Housing Voucher ACC consists of the following counterparts: (a) Part I of the ACC, HUD-52520D (1/90) applicable to the Section 8 Existing Housing Voucher Program; (b) Exhibit .1 to Part I of the ACC adding Project No. CA39-VO11-021 NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Housing Authority of the County of Contra Costa, as fo]T1ows: 1. The amended Part I and Exhibit I of the ACC for the Section 8 Existing Ho'usi,ng Voucher Program. are hereby approved-and accepted. The Chairman or Acting Chairman is hereby autt,horized and directed to execute the counterparts of the ACC on beh'al'f 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 Govern'meht to;getKer with such other documents evidencing the approval and authorizi,ng the execution of as may be required by the Government. 2. This resolution shall take effect immediately. PASSED ON octobeiJI�..l9 9. 1by the following vote of the Board of Commissioners: AYES: Corhmissioners. Smith, Bishop, DeSaulnier, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None P�uEN7pF , U.S.Department of Housing and Urban Development ( Pacific/Hawaii Office 450 Golden Gate Avenue San Francisco,California 94102-3448 9A�N'DEVE�pQ SEP 15 1994 Richard J. Martinez Executive Director Housing Authority of the County of Contra Costa 3133 Estudillo Street Martinez, California 94553 Dear Mr. Martinez: Subject: Section 8 Certificate Program Contract No. SF-468 Projects Nos. CA39-E011-036; CA39-E011-037; CA39-E011-038; CA39-E011-039 Enclosed is subject contract and documentation necessary to effect its execution. Please adopt the Resolution and prepare the various documents exactly as set forth in the Instruction Sheet. Upon execution by the Government, a fully executed copy will be sent to you. Please return the contract and documentation to the Office of Regional Counsel . The purpose of this amendment is to add Projects Nos. CA39-E011- 036; CA39-E011-037; CA39-E011-038 and CA39-E011-039 to this contract. These Projects were . transferred from the California State Housing and Community Development. Should any questions arise concerning the contract or its execution please contact the undersigned at (415) 556-6831. Sincerely, BEVERLY G. AGEE Assistant General Counsel By: t)TVID L. UT ON Deputy Assistant General Counsel Enclosures 1 'y �uENrp�, U.S.Department of Housing and Urban Development Pacific/Hawaii Office oL IIIIIIII 450 Golden Gate Avenue San Francisco, California 94102-3448 �B�N DEVE'�V SEP 15 1994 Richard J. Martinez Executive Director Housing Authority of the County of Contra Costa 3133 Estudillo Street Martinez, California 94553 Dear Mr. Martinez: Subject: Section 8 Voucher Program Contract No. SF-468 Project No. CA39-VO11-021 Enclosed is subject contract and documentation necessary to effect its execution. Please adopt the Resolution and prepare the various documents exactly as set forth in the Instruction Sheet. Upon execution by the Government, a fully executed copy will be sent to you. Please return the contract and documentation to the Office of Regional Counsel . The purpose of this amendment is to add Project No. CA39-VO11-021 to this contract. This Project was transferred from the California State Housing and Community Development. Should any questions arise concerning the contract or its execution please contact the undersigned at (415) 556-6881. Sincerely, BEVERLY G. AGEE Assistant General Counsel By: WAID L. TON Deputy Assistant General Counsel Enclosures 3� y� C nsoildated U.S.Department of Housing and Urban Development j �� Annual Contributions Contract office of Housing . /,- 53 ir ;ousing Voucher Program ACC PaDNumber: �CLAI - V ED- Ili] 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 11 of this CACC,"ACC"means the CACC. written notice by HUD to the PHA, to remove a project for B. CACC. Consolidated Annual Contributions Contract. 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 I (subject to reduction in accordance with section 1.4.D and section 2.3 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 or 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 Program 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 am listed in C. Maximum Payments for Program. Exhibit I and Exhibit II of this CACC Pan I. (List all new 1. Annual Limit on Payments for Program. Except for projects in CACC Exhibit II.) payments from the CACC reserve account as provided in B. PHA Fiscal Year. The Fiscal 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 1.4.13 during the Fiscal 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 II of this CACC Part I (subject to reduction in accordance with section I A.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 1.48 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 I A.E.but not including any payments under section B. The first date and last date of the ACC term for each project is I 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 or 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 i o14 pages form HUD-S2520-D (1190) ref.handbooks 7420.3&7420.7 revision of Exhibit I or II to state the reduction in the amount I.S. CACC. of contract authonty for a project. * A. The CACC constsu of this CACC Pan I (including E ahibrts I E. CACC Reserve Account. A CACC reserve account shall be and 11) and the form ACC Pan 11 prescribed by HUI)for the established and maintained by HUD, in an amount as Housing Cenificate Program and the Housing Vouche, determined by HUD. The CACC reserve account may be used Program,designated as form HL D 52520•E,and dated lanuarn by HUD for payment of any portion of the payment approved 1990. These documents constitute the whole CACC for Ne by HUD under section 1.41 for the Fiscal Year. Program. F. Portability Procedures: Fes of Receiving PHA. In addition B. This CACC supersedes any previous Annual Contribution; to the maximum payments under section IA.C, including Contract for the projects or Program. Matters relaung tr payments from the CACC reserve account under section 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 C. Separate ACC. D's commitment to make payments for HU each project listed in Exhibit II shall constitute a separate ACC. Signatures: Public Housing Agency Na"of K&C AQWWY: LINTY OF CONTRA COSTA October 11, 1994 Prat "t»nam"ane os"sa of sgnaery: Thomas Powers, Chair Unhed States of Amerka Seastary of Housing and Urban Development spnaar. a Oar.•pne0 by: Pm or 9�oa t»nine arta orb"su or IWWX ry: JULIAN A. FITZHUGH, ACTING DIRECTOR, OFFICE OF PUBLIC HOUSING page 2 of 4 pages form I41115425MI) .. s. A V C f NvMt>er v EYhibU I Fait paw last Dasa protect Number ContractAv"rfj($) of Tone of Titan CA39-VOI1-001 $67,755 02-19-87 02-18-92 CA39-VOI1-002 238,822 02-19-87 02-18-92 CA39-VO11-003 290,742 02-19-87 02-18-92 CA39-VOII-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-VOII-007 1,237,227 08-30-88 08-29-93 CA39-VOII-001 ( 611155) 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-VOII-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, 217) 08-30-88 08-29-93 United Stases of Ammics Secretary of Housing and Urban Developowu Dow sw,w: pop 3 d 4 per+ toga"U"520-t ACC t•'ar � Number: t '. I V ' EaAobu n Fast Oslo last Oslo Protect Nvr*ber Contract ALV)ormy(=) of Term of Term CA39-VO11-009 $436,925 11-01-90 10-31-95 CA39-V011-010 608, 125 02-01-92 01-31-97 CA39-VO11-012 910,485 02-01-92 01-31-97 (Replacement) CA39-V011-013 158,095 05-01-92 04-30-97 (Replacement) CA39-V011-014 496,237 01-01-92 06-30-97 CA39-VO11-016 (Replace) 1,961,881 09-01-92 08-31-97 CA39-V011-011 298,886 12-01-92 11-30-97 CA39-VO11-018 (Replace) 282,429 03-01-93 02-28-9$ CA39-VO11-019 (Replace) 1,459,225 08-01-93 07-31-98 CA39-VO11-021 155,698 07-01-94 08-31-% United States of America Secretary of Housing and Urban Development aw see t pap of 4 089" tan, MUD-SM EXHIBIT III PRO AMENDMENT AWARD CLAUSE 1 . .imitations on payments made to influence certain Federal contracting and financial transections . The restrictions described in this clause are set forth in 41 U.S.C. 51352 and OMB Inter Ls Final Guidance at 54 FR 52306 et seg. (December 20, 1989) 2 . Rneral 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, 5_.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 . Statement!.. Any person who requests or receives a commitment to guarantee or insure a loan. exceedin4 $150,000 Aust file a statement that the person will file a disclosure fors (SF-LLL) if the person has suds, or will sake, any payment to influence, or attempt to influence, any Executive or Legislative branch personnel in connection with that loan insurance or guarantee. S. Disclosure. Every person who requests or receives a Federal contract, grant, or cooperative agreement exceeding $100,000, or a Federal loan, loanguarantee, or loan insurance exceeding $150,000, must disclose (on St-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 OXB Interim final Guidance, $____.210, _.300(b) . A new disclosure form must be filedi 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 . Sub,contractors and subrecJplents . 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) . 70 Penalties . Disclosure data will be subject to public scrutiny and will be submitted 'to Congress for review. IS, ova Interim final Guidance, -S-300(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 . $11 OmB Interim final Guidance, S__r__•i00(a) and (b) . Violations of the law will be reported to Congress. $I& OKB Interim Final Guidance, S_,_,_.605(a) and (d) .