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HomeMy WebLinkAboutMINUTES - 10221996 - C64 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO: BOARD OF COMMISSIONERS FROM: Richard J. Martinez,Executive Director DATE: October 22, 1996 SUBJECT: ADOPT RESOLUTION APPROVING SECTION 8 MODERATE REHABILITATION PROGRAM ANNUAL CONTRIBUTIONS CONTRACT NO. SF-468K AND AUTHORIZING EXECUTION. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION L RECOMMENDED ACTION: ADOPT Resolution No. 3790 approving Section 8 Moderate Rehabilitation Program Annual Contributions Contract No. SF-468K, as amended,and AUTHORIZING execution by the Chair of the Board of Commissioners of the Housing Authority of the County of Contra Costa. II. FINANCIAL IMPACT: Section 8 Moderate Rehabilitation replacement contract authority in the amount of$150,061 has been obligated for increment number CAOI IMR0001. III. REASONS FOR RECOMMENDATIONBACKGROUND The Housing Authority has received notification from the U.S.Department of Housing and Urban Development(HUD) that Section 8 Moderate Rehabilitation cost amendment funds have been reserved for increment number CAOI IMR0001,that expired September 18, 1996. This replacement funding is for a one year term. To secure these funds for the Section 8 Moderate Rehabilitation program, it will be necessary for the Board of Commissioners to adopt Resolution No. 3790. IV. CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect not to adopt Resolution No. 3790,the Housing Authority would lose this reserved replacement funding. 0 CONTINUED ON ATTACHMENT: _YES SIGNATURE RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON o c t b b es 2 9 , 1 9 9 6 APPROVED AS RECOMMENDED X 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 October 22 , 1996 PHIL BATCHELOR, CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR BY DEPUTY bo-acc THE BOARD OF COMMISSIONERS HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA RESOLUTION NO. 3790 RESOLUTION APPROVING SECTION 8 MODERATE REHABILITATION PROGRAM ANNUAL CONTRIBUTIONS CONTRACT NO. SF-468K AND AUTHORIZING EXECUTION WHEREAS,the Contra Costa County Housing Authority("PHA")entered into a Section 8 Annual Contributions Contract("ACC")on October 22, 1996, as amended,with the United States of America("Government") NOW, THEREFORE,BE IT RESOLVED BY PHA, as follows: 1. The SUPERSEDING Section 8 ACC and funding Exhibits A&B for the Moderate Rehabilitation Program are here by approved and accepted. The Chairman or Acting Chairman is hereby authorized and directed to execute the counterparts of the ACC on behalf of 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 AND ADOPTED ON October 22 , 1996 by the following vote of the Commissioners. AYES: COMMISSIONERS ROGERS , BISHOP, DeSAULNIER, TORLAKSON , and SMITH NOES: NONE ABSENT: NONE ABSTAIN: NONE MOD REHAB ACC October 22, 1996 Page 2 U.S.Department of Housing and Urban Development r www RECEIt'CD Pacific/Hawaii Office VED v`? 2 4 :096 450 Golden Gate Avenue �c�r � . SP1 °" San Francisco,California 94102-3448 ;o*MOD*�o IN v° a Mr. Richard- Martinez ly6 Executive Director Contra Costa Housing Authority P.O. Box 2759 Martinez, CA 94553 Dear Mr. Martinez: SUBJECT: Section 8 Moderate Rehabilitation Program Project No. CA011MR0001 - Cost Amendment Cost amendment funds are being provided to meet funding requirements through the end of term for the following: PROJECT NUMBER TERM BUDGET AUTHORITY CA011MR0001 1 YRS $150, 061 Enclosed is the 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. When you return the contract, please submit revised budgets reflecting the increased contract authority. The contract, documentation, and budgets should be returned to the Office of Public Housing, Management Division. Should you have any questions, Please contact Claire Garcia, Financial Analyst, at (415) 436-8388. Very sincerely yours, %A Thomas Vitek Director, Management Division San Francisco Enclosure j f` MOD REHAB".ACC October 22'. 1996 ` Page 3 'r Annual Contributions Contract U.S.Department of Housing and Urban Development Moderate Rehabilitation Program Office of Public and Indian Housing ACC Part 1 Section s Table of Sections page page 1.1 The Program . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 1 1.8 Expeditious Carrying Out of Project . . . . . . . . . . . 2 1.2 Authorization of Actions by HA . . . . . . . . .. ... . . . . 1 1.9 Assistance to Eligible Families When 1.3 Funding and Term . . . . . . . . . . . . . . . . . . . . .. . . . . . 1 Contracts are Terminated . . . . . . . . . . . . . . . . . . 2 1.4 Annual Contributions . . . . . . . . . . . . . . . . . .. . . .. . . 1 1.10 Responsibility for Administration of Contract . . . . 2 1.5 HUD Payments for Moderate Rehabilitation Program. . . 1 1.11 HUD Requirements. . . . . . . . . . . . . . . 2 1.6 Fiscal Year . . . . . . . . .. . . . . . . . . .. ..... ... . . . . 2 1.12 Exclusion of Third Party Rights. . . . . ... . . . .. . . 2 1.7 Periodic Adjustment of Contract Rents ............ 2 1.13 ACC..... .. . ...... .. . ............. . . . . 2 1.1 The Program to this ACC. The funding exhibit states the amount and term of funding for each project. (a) Projects in the Program (b) The amount of contract and budget authority for each (1) The HA's Moderate Rehabilitation Program under project in the HA Moderate Rehabilitation Program is this ACC includes all projects listed in the funding stated in the funding exhibit. "Contract authority' is the exhibit attached to this ACC Part I. maximum annual payment by HUD to the HA for a (2) The HA, to the maximum extent feasible,shall enter project. 'Budget authority" is the maximum amount of into Agreements and Contracts in accordance with funds available for payment to the HA over the term of the numbers and sizes of units in each project the project. Budget authority is authorized and appropri- specified in the funding exhibit. No substantial devi- ated by the Congress. ation as defined by HUD from the bedroom distribu- (c) The funding exhibit states the first date and last date of tion or number of units in each project is allowed the ACC term for each project. without prior HUD approval. The HA shall not enter into any Agreements or Contracts or take any other 1.4 Annual Contributions action which will result in a claim for an Annual Contribution in respect to any project in excess of (a) HUD shall not make any Annual Contributions or any other the maximum amount authorized for that project. payment with respect to any Fiscal Year for a project in excess of the contract authority for the project specified (b) The term `HA" means the Housing Agency which has in the funding exhibit. However, this amount shall be executed this ACC. reduced commensurately with any reduction in the number of Contract Units or changes in unit sizes or (c) The term "HUD" means the United States Department pursuant to any other provision of this ACC or the of Housing and Urban Development. Contracts. (d) The term "project" means each funding increment in (b) The total amount of payments for a project over the the HA Moderate Rehabilitation Program.. project term must not exceed budget authority for the project specified in the funding exhibit. 1.2 Authorization of Actions by HA 1.5 HUD Payments for Moderate Rehabilitation In order to carry out the project, the HA is authorized to lal Program enter into Agreements, (b) enter into Contracts, (c) make iI housing assistance payments on behalf of Families and (d) (a) HUD will make payments to the HA in accordance with take all other necessary actions, all in accordance with the HUD regulations and requirements. application, forms, conditions and requirements prescribed or approved by HUD. However, neither the HA nor HUD shall (b) For each HA Fiscal Year, HUD will pay the HA the assume any obligations beyond those provided in the amount approved by HUD to cover the following (subject prescribed forms of Agreement and Contract. to reduction by the amount of any Project Receipts other than Annual Contributions (such as interest income) 1.3 Funding and Term which Receipts shall be available for Project Expenditures): (a) The projects (funding increments) in the HA Moderate (1) The amount of housing assistance payments payable Rehabilitation Program are listed in the funding exhibit during each Fiscal Year by the HA pursuant to Page 1 of 3 form HUD-52520-MR 0 1/931 YS, MOD REHAB. :ACC October 2'2., 1996 Page 4 Contracts with owners. (Such payments may not be for each project. If the HA fails to proceed expeditiously, made for more than 15 years for any unit.) HUD may terminate or reduce its obligation under this ACC (2) The allowance, in the amount approved by HUD, for with respect to the project. preliminary costs of administration. (3) The allowance; in the amount approved by HUD, for 1.9 Assistance to Eligible Families When Contracts the regular costs of administration including costs of are Terminated HUD required audits of Owners and the HA. When the Contract for any unit(s) is terminated for any (c) A Project Account shall be established and maintained for reason, leaving budget authority available under this ACC, each project under this ACC, in an amount as determined the assisted family(ies) if eligible for continued assistance, or by HUD, out of amounts by which the contract authority other eligible family(ies) if the unit(s) is vacant, may for the project exceeds amounts paid under the ACC for continue to receive housing assistance for the remainder of the ACC term in accordance with HUD regulations by the the project for any fiscal year. This account shall be of the Moderate Rehabilitation funding for RBntal established and maintained by HUD as a specifically use identified and segregated account. To the extept funds Certificate assistance. are available in this account, the maximum amount 1.10 payable by HUD for any Fiscal Year may be increased by Responsibility for Administration of Contract an amount, if any, as may be required for increases The HA is responsible for administration of the Contracts, reflected in the estimate of required Annual Contribution applicable to the Fiscal Year as approved by HUD. subject to review and audit by HUD. 1.11 HUD Requirements (d) HUD will make periodic payments on account of each project upon requisition by the HA in,the form prescribed (a) The HA must comply, and must require owners to by HUD. Each requisition shall include certification by comply,with the requirements of the U.S.Housing Act of the HA that housing assistance payments have been or 1937 and all HUD regulations and other requirements, will be made only: including any amendments or changes in the law or HUD (1) In accordance with.the provisions of the Contract, requirements. and (2) With respect to units which the HA has inspected or (b) The HA must comply with its HUD-approved admin- caused to be inspected and determined to be in istrative plan, equal opportunity housing plan and HUD decent, safe and sanitary condition, within one year -approved program funding applications. prior to the making of housing assistance payments. (c) The HA must use the program forms required by HUD (e) Following the end of each Fiscal Year, any amount by which the total payments made during that Fiscal Year 1.12 Exclusion of Third Party Rights exceed the Annual Contribution payable in accordance with this section will be subtracted from the next (a) A family that is eligible for housing assistance under this. payment made by HUD to the HA, unless other dispo- ACC is not a party to or third party beneficiary of the sition is approved or required by HUD. ACC. 1.6 Fiscal Year (b) Nothing in the ACC shall be construed as creating any right of any third party to enforce any provision of this The funding exhibit states the last month and day of the HA consolidated ACC, or to assert any claim against HUD or Fiscal year. the HA. 1.7 Periodic Adjustment of Contract Rents 1.13ACC The Contract will provide for periodic adjustments in the (a) ACC is a contract between HUD/and the HA. Contract Rents, in accordance with applicable HUD regu- lations, up to the maximum amount authorized for housing (b) The ACC consists of this Part I, including the funding assistance payments in the HUD approved estimate submitted exhibit, and Part II (form HUD-52520-C (Supp)(10179)). by the HA. These documents are the whole ACC. 1.8 Expeditious Carrying Out of Project (c) This ACC supersedes any previous annual contributions contract for a program. Matters relating to funding or The HA shall proceed expeditiously to implement the Pro- operation of the program under a previous annual gram consistent with the rehabilitation and leasing schedule contributions contract are governed by this ACC. Page 2 of 3 form HUD-52520-MR (11/93) MOD REHAB ACC October 22, ,.1996 Page 5- United States of America Secretary of Housing and Urban Development Signature of Authorized Representative: Date signed: X Name &Official Title: (print or type) Joyce M. Roberson, Director, Office of Public Housing, San Francisco Housing Agency Name of Agency: (print or type) HOUSING AUTHORITY OF THE COUNTY OF CONTRA r09TA Signature of Authorized Representative: Date signed: X ti Name&Of eia it *-ri t or type) Jeff Smith, Chair of the Board form HUD-52520-MR (11193) Page 3 of 3 }' MOD REHAB ACC October 22, 1996 Page 6 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 8 MODERATE REHABILITATION PROGRAM Y/ I ANNUAL CONTRIBUTIONS CONTRACT FUNDING EXHIBIT HOUSING AUTHORITY (HA) NAME: Housing Authority of the County of Contra Costa HA TAX IDENTIFICATION NUMBER (TIN) : HA FISCAL YEAR END: 03/31 CACC NO: CA011K NO. OF HUD UNITS BY PROJECT NO. SY ACCT FIRST DATE LAST DATE CONTRACT BUDGET BEDROOM CODE OF TERM OF TERM AUTHORITY AUTHORITY SIZE * CA39KO11001 RR O 09/01/1980 04/30/1998 625,633 7,283,641 2: 83 3: 8 CA39KO11002 RR O 01/01/1983 05/01/1998 478,800 5,832,288 1: 6 2: 38 CA39KO11004 RR O 12/01/1983 07/31/1999 1,075,824 13,874,064 1: 88 2: 12 e 7 l ' « project expired * project changed since last printing DATE PREPARED: 09/18/1996 REPLACES FUNDING EXHIBIT DATED: 09/18/1996 Page 1 of 1 MOD -REHAB ACC October 22._;.,1996 Page 7 Annual Contributions Contract U.S.Department of Housing and Urban Development Moderate Rehabilitation Program Office of Public and Indian Housing ACC Part 1 section 8 Table of Sections page page 1.1 The Program . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 1 1.8 Expeditious Carrying Out of Project . . . . . . . . . . . 2 1.2 Authorization of Actions by HA . . . . . . . . . . . . . . . . . 1 1.9 Assistance to Eligible Families When 1.3 Funding and Term . . . . . . . . . . . . . . . . . . . . . .. . . . . 1 Contracts are Terminated . . . . . . . . . . . . . . . . . . 2 1.4 Annual Contributions . . . . . . . . . . . . . . . . . . . .. . . . . 1 1.10 Responsibility for Administration of Contract . . . . 2 1.5 HUD Payments for Moderate Rehabilitation Program .. . 1 1.11 HUD Requirements . . . . . . . . . . . . .. . 1.6 Fiscal Year . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 2 1.12 Exclusion of Third Party Rights . . . . . . . . . . . . . . . 2 1.7 Periodic Adjustment of Contract Rents . . . .. .. . . . . . 2 1.13 ACC. .. . . . . . . . . . . . . . . . . ..... . . . . . . . . . . 2 1.1 The Program to this ACC. The funding exhibit states the amount and term of funding for each project. (a) Projects in the Program (b) The amount of contract and budget authority for each (1) The HA's Moderate Rehabilitation Program under project in the HA Moderate Rehabilitation Program is this ACC includes all projects listed in the funding stated in the funding exhibit. "Contract authority" is the exhibit attached to this ACC Part I. maximum annual payment by HUD to the HA for a (2) The HA,to the maximum extent feasible,shall enter project. "Budget authority" is the maximum amount of into Agreements and Contracts in accordance with funds available for payment to the HA over the term of the numbers and sizes of units in each project the project. Budget authority is authorized and appropri- specified in.the funding exhibit. No substantial devi- ated by the Congress. ation as defined by HUD from the bedroom distribu- (c) The funding exhibit states the first date and last date of tion or number of units in each project is allowed the ACC term for each project. without prior HUD approval. The HA shall not enter into any Agreements or Contracts or take any other 1.4 Annual Contributions action which will result in a claim for an Annual Contribution in respect to any project in excess of (a) HUD shall not make any Annual Contributions or any other the maximum amount authorized for that project. payment with respect to any Fiscal Year for a project in excess of the contract authority for the project specified (bl The term "HA" means the Housing Agency which has in the funding exhibit. However, this amount shall be executed this ACC. reduced commensurately with any reduction in the number of -Contract Units or changes in unit sizes or (c)• The term 'HUD" means the United States Department pursuant to any other provision of this ACC or the of Housing and Urban Development. Contracts. Id) The term "project" means each funding increment in (b) The total amount of payments for a project over the the HA Moderate Rehabilitation Program. project term must not exceed budget authority for the project specified in the funding exhibit. 1.2 Authorization of Actions by HA 1.5 HUD Payments for Moderate Rehabilitation In order to carry out the project, the HA is authorized to (a) Program enter into Agreements, (b) enter into Contracts, ,(c) make housing assistance payments on behalf of Fami6es.and (d) (a) HUD will make payments to the HA in accordance with take all other necessary actions, all in accordance with the HUD regulations and requirements. application, forms, conditions and requirements prescribed or approved by HUD. However, neither the HA nor HUD shall (b) For each HA Fiscal Year, HUD will pay the HA the assume any obligations beyond those provided in the amount approved by HUD to cover the following (subject prescribed forms of Agreement and Contract. to reduction by the amount of any Project Receipts other than Annual Contributions (such as interest income) 1.3 Funding and Term which Receipts shall be available for Project Expenditures): (a) The projects (funding increments) in the HA Moderate (1) The amount of housing assistance payments payable Rehabilitation Program are listed in the funding exhibit during each Fiscal Year by the HA pursuant to Page 1 of 3 form HUD-52520-MR (1 1/93) .. rf; ... MOD REHt:BMACC Octobe.r: 22, 1996 Page 8 Contracts with owners. (Such payments may not be for each project. If the HA fails to proceed expeditiously, made for more than 15 years for any unit.) HUD may terminate or reduce its obligation under this ACC (2) The allowance, in the amount approved by HUD, for with respect to the project. preliminary costs of administration. 1.9 Assistance to Eligible Families When Contracts (3) The allowance, in the amount approved by HUD, for g the regular costs of administration including costs of are Terminated HUD required audits of Owners and the HA. When the Contract for any unit(s) is terminated for any (c) A Project Account shall be established and maintained for reason, leaving budget authority available under this ACC, each project under this ACC, in an amount as determined the assisted family(ies)if eligible for continued assistance, or by HUD, out of amounts by which the contract authority other eligible family(ies) if the unit(s) is vacant, may for the project exceeds amounts paid under the ACC for continue to receive housing assistance for the remainder of the project for any fiscal year. This account shall be the ACC term in accordance with HUD regulations by the established and maintained by HUD as a specifically use of the Moderate Rehabilitation funding for Rental identified and segregated account. To the extent funds Certificate assistance. are available in this account, the maximum amount 10 payable by HUD for any Fiscal Year may be increased by Responsibility for Administration of Contract an amount, if any, as may be required for increases The HA is responsible for administration of the Contracts, reflected in the estimate of required Annual Contribution applicable to the Fiscal Year as approved by HUD. subject to review and audit by HUD. 1.11 HUD Requirements (d) HUD will make periodic payments on account of each project upon requisition by the HA in.the form prescribed (a) The HA must comply, and must require owners to by HUD. Each requisition shall include certification by comply, with the requirements of the U.S.Housing Act of the HA that housing assistance payments have been or 1937 and all HUD regulations and other requirements, will be made only: including any amendments or changes in the law or HUD (1) In accordance with-the provisions of the Contract, requirements. and (2) With respect to units which the HA has inspected or (b) The HA must comply with its HUD-approved admin- caused to be inspected and determined to be in istrative plan, equal opportunity housing plan and HUD decent, safe and sanitary condition, within one year -approved program funding applications. prior to the making of housing assistance payments. (c) The HA must use the program forms required by HUD (e) Following the end of each Fiscal Year, any amount by which the total payments made during that Fiscal Year 1.12 Exclusion of Third Party Rights exceed the Annual Contribution payable in accordance with this section will be subtracted from the next (a) A family that is eligible for housing assistance under this payment made by HUD to the HA, unless other dispo- ACC is not a party to or third party beneficiary of the sition is approved or required by HUD. ACC. 1.6 Fiscal Year (b) Nothing in the ACC shall be construed as creating any right of any third party to enforce any provision of this The funding exhibit states the last month and day of the HA consolidated ACC, or to assert any claim against HUD or Fiscal year. the HA. 1.7 Periodic Adjustment of Contract Rents 1.13 ACC The Contract will provide for periodic adjustments in the (a) ACC is a contract between HUD/and the HA. Contract Rents, in accordance with applicable HUD regu- lations, up to the maximum amount authorized for housing (b) The ACC consists of this Part 1, including the funding assistance payments in the HUD approved estimate submitted exhibit, and Part If (form HUD-52520-C (Supp)(10/791). by the HA. These documents are the whole ACC. 1.8 Expeditious Carrying Out of Project (c) This ACC supersedes any previous annual contributions contract for a program. Matters relating to funding or The HA shall proceed expeditiously to implement the Pro- operation of the program under a previous annual gram consistent with the rehabilitation and leasing schedule contributions contract are governed by this ACC. Page 2 of 3 form HUD-52520-MR (11/93) MOD REHAB ACC October 22, ;1.996 Page .9 United States of America Secretary of Housing and Urban Development Signature of Authorized Representative: Date signed: X Name&official Title: (print or type) Joyce M. Roberson, Director, Office of Public Housing, San Francisco Housing Agency Name of Agency: (print or type) HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA Signature of Authorized Representative: Date signed: X Name&Of ial i ( Hn or type) - V . Jeff Smith, Chair of the Board i form HUD-52520-MR (11/93) Page 3 of 3 *f, MOD REHAB ACC October 22, 1996 Page 10 U.A. uN:rAlt'XrZNT UrhuU51Mi KNU UkW&N DLVr:LUYMI�NT SECTION 8 MODERATE. REHABILITATION PROGRAM . ANNUAL CONTRIBUTIONS CONTRACT FUNDING EXHIBIT HOUSING AUTHORITY (HA) NAME: Housing Authority of the County of {= Contra Costa HA TAX IDENTIFICATION NUMBER (TIN) : HA FISCAL YEAR END: 03/31 CACC NO: CAO11K NO. OF HUD UNITS BY PROJECT NO. SY ACCT FIRST DATE LAST DATE CONTRACT BUDGET BEDROOM CODE OF TERM OF TERM AUTHORITY AUTHORITY SIZE * CA39K011001 RR O 09/01/1980 04/30/1998 475,572 7,133,580 2: 83 3: 8 * CA39K011002 RR O 01/01/1983 05/01/1998 478,800 5,832,288 1: 6 2: -38 * CA39K011004 RR 0 12/01/1983 07/31/1999 1,075,824 13,874,064 1: 88 2: 12 « project expired * project changed since last printing DATE PREPARED: 09/18/1996 REPLACES FUNDING EXHIBIT DATED: Page 1 of 1 f'. MOD REHAB ACC r. October `22, 1996 Page 11