HomeMy WebLinkAboutMINUTES - 10141997 - C69 C69
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
TO: BOARD OF COMMISSIONERS
FROM: Richard J. Martinez,Executive Director
DATE: October 14, 1997
SUBJECT: ADOPT RESOLUTION AMENDING ANNUAL CONTRIBUTIONS CONTRACT AND RENTAL
VOUCHER 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.4021 approving Section 8 Rental Certificate and Rental Voucher Program Annual
Contributions Contract No. SF-468,as amended,and AUTHORIZING execution by the Chair of the Board of Commissioners of
the Housing Authority of the County of Contra Costa.
IL FINANCIAL IMPACT:
Section 8 contract and budget authority in the amount of$422,897 has been reserved and obligated for increment
number CA0110E0054. These certificates are provided under the Family Unification Program in accordance with the notice of
fund availability published in the Federal Register on April 18, 1997. This funding increment provides assistance to families
whose lack of adequate housing is a primary factor in the separation, or imminent separation of children from their families.
Funds must be distributed as indicated on the attached reservation worksheet. The term is for one year beginning November 1,
1997.
III. REASONS FOR RECOMMENDATION/BACKGROUND
The Housing Authority has received notification from the U.S.Department of Housing and Urban Development(HUD)
that Section 8 voucher amendment funds have been reserved for increment number CA0110E0054. This funding is for a one-
year term. To secure these funds for the Section 8 Program,it will be necessary for the Board of Commissioners to adopt
Resolution No.4021.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Should the Board of Commissioners elect not to adopt Resolution No.4021,the Housing Authority would lose this
reserved funding.
CONTINUED ON ATTACHMENT: YES SIGNATURE I
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON October 14, 1997 APPROVED AS RECOMMENDED X OTHER
VOTE OF COMMISSIONERS
I HEREBY CERTIFY THAT THIS IS A
X 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 14, 1997
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. 4021
RESOLUTION APPROVING SECTION 8 RENTAL CERTIFICATE AND RENTAL
VOUCHER PROGRAM ANNUAL CONTRIBUTIONS CONTRACT NO. SF-468
AND AUTHORIZING EXECUTION
WHEREAS,the Contra Costa County Housing Authority("PHA")entered into an
Annual Contributions Contract("ACC") on October 14, 1997, 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
Rental Certificate and Rental 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 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 14, 1997 by the
following vote of the Commissioners.
AYES: Commissioners Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
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.
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT - RENTAL ASSISTANCE DIVISION
NEW INCREMENT FUNDING WORKSHEET FOR THE SECTION 8 PROGRAM - REVISED: OCTOBER 29, 1996.
PROGRAM:CERTITICATES
HOUSING AUTHORITY: CONTRA COSTA PROGRAM SIZE: 4,660
FMR AREA: OAKLAND FMR ADMIN. FEE: A: 62.16
PURPOSE: FAMILY UNIFICATION B: 58.02
UNIT BEDROOM SIZE 0 BR/EFF 1 BR 2 BR 3 BR 4 BR 5 BR 6 BR TOTAL
1.FAIR MARKET RENT 523 633 794 1,089 1,301 1,496 1,691
2.95%OF FAIR MARKET RENT 497 601 754 1035 1236 1421 1606
3.AVERAGE TENANT PAYMENT 0 199 222 254 316 280 0
4.FIRST YEAR HAP
((LN 2-LN 3)X 12) 5,964 4,824 6,384 9,372 11,040 13,692 19,272
5.FMR ADMIN FEE 696 696 696 696 696 696 696
6.HARD-TO-HOUSE FEE 9 9 9 9 9 9 9
7.TOTAL ADMIN FEE
(LN 5+LN 6) 705 705 705 705 705 705 705
8.UNIT DISTRIBUTION 0 10 17 17 4 2 0 50
9.CONTRACT AUTHORITY
&N 4+LN 7)X LN 8) 0 55,292 120,517 171,313 46,981 28,794 0 422,897
10.BUDGET AUTHORITY
(LN 9 X 1) 422,897
Consolidated Annual U.S.Department of Housing
Contributions Contract OInd u'�n°ir°0^�K
Office of Public and Indian Housing
Rental Certificate Program
and Rental Voucher Program Section B
Table of Sections page page
1. Definitions . ...... . . .. .. . . . . . . . . . . . . . . 1 12. Administrative Fee Reserve . . . . . . . . .. .. ... . . . . . 3
2. Funding for HA Certificate or Voucher Program . . . . . . . 2 13. Depositary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3. Term . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 2 14. Program Records . , . . . . . . . . . . . . . . . . . . . . . . . . . .3
4. HUD Payments for Program . . . . . . . . . . . . . . . . . . . . . 2 15. Default by HA. . . ... .. . .. ... . .. . .. . .. . . . . . . .3
5. Maximum Payments for Program. . . . . . . . . . . . . . . . .. 2 16. Fidelity Bond Coverage. . . . . . . . . . . . . . . . . . . . . . . 4
6. Reduction of Amount Payable by HUD. . . . . . . . . . . . . . 2 17. Exclusion from Program . . . . . . . . . . . . . . . . . . . . . . 4
7. ACC Reserve Account.. . . . . . . . . . . . . . . . . . . . . . . . 2 18. Conflict of Interest Provisions . . . . . . . . . . . . . . . . . . 4
8. Separate ACC for Funding Increment. . . . . . . . . . . . . . . 2 19. Interest of Member of or Delegate to Congress . . . . . .4
9. Budget and Requisition for Paymen(. . . . . . . . . . . . . . . . 2 20. Exclusion of Third Party Rights . . . . . . . . . . . . . . . . . .4
10. HUD Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 21. Consolidated ACC. . . . . . . . ... . . . . . . . . . . . . . . . . 4
1 1. Use of Program Receipts . . . . . . . . . . . . . . . . . . . . . . . 3
1. Definitions
ACC. Annual contributions contract. Funding Exhibit. An exhibit to the consolidated ACC. The
funding exhibit states the amount and term of funding for a
ACC Reserve Account. An account established by HUD for program. There are separate funding exhibits for the HA
a program from amounts by which the maximum payment certificate program and voucher program.
to the HA under the consolidated ACC(during an HA fiscal
Year) exceeds the amount actually approved and paid. This Funding Exhibit A. The funding exhibit for the HA
account is used as the source of additional payments for the certificate program.
program.
Funding Exhibit B. The funding exhibit for the HA voucher
Annual Contributions Contract. The contract for each program.
fundinglncrement. HUD's commitment to make payments
for each funding increment ('project') listed in the funding
exhibit constitutes a separate ACC. Funding Increment (also called a 'Project's. Each
commitment of budget authority by HUD to the HA for a
program under the consolidated ACC. The funding
Budget Authority. The maximum amount of funds available inGements for the program are listed in the program funding
for payment to the HA over the term of a funding exhibit.
increment. Budget authority is authorized and appropriated
by the Congress. HA. Housing agency.
Consolidated Annual Contributions Contract (consolidated Housing Agency (}IA), The agency that has entered this
ACCT. The consolidated contract for the HA certificate consolidated ACC with HUD.
program and voucher program. HUO's commitment to make
payments for each funding increment in a program HUD. U.S.Department of Housing and Urban Development.
constitutes a separate ACC. However,commitments for all
the funding increments are listed in this consolidated ACC. Prem, The HA certificate program or voucher program.
Contrea Authorfly.*The maximum annual payment by HUD Program Expentfturas. Amounts which may be charged
to the HA for a funding increment. The amount of contract against program receipts in accordance with the
authority for each funding increment in a program is listed in consolidated ACC and HUD requirements.
the funding exhibit for the program.
Frog enh Receipts. Amounts paid by HUD to the HA for a
Fiscal Yam. The HA fiscal year. The funding exhibit states program. and any other amounts received by the HA it
the last month and day of aw HA fists!year. Convection with the program.
Ptopet. A fund"increment for the program.
Pape 1 of S form HUD-52520 11 1/9
2. Funding for HA Certificate or Voucher Program reduce to an amount determined by HUD:
(11 The amount of the HUD payment for any funding
(a) The funding increments in the HA certificate program or increment,
voucher program are listed in the funding exhibit for the (2) The contract authority or budget authority for any
program. funding increment.
(bl The amount of contract and budget authority for each (bl HUD must give HA written notice of the reduction.
funding increment in a program is stated in the program
funding exhibit. (cl The HUD notice may include a revised funding exhibit
to state the reduction in the amount of contract
(c) By giving written notice to the HA, HUD may revise a authority or budget authority for a funding increment.
funding exhibit: The notice of a revised funding exhibit, or of revisions
(1) To add a cost amendment project. to the funding exhibit for a program constitutes an
(2) To remove a project for which the ACC term has amendment of the consolidated ACC.
expired.
7. ACC Reserve Account
3 Term
An ACC reserve account may be established and maintained
(a) The funding exhibit states the first date and last date of by HUD. The amount in the account is determined by HUD.
the ACC term for each funding increment. The ACC reserve account may be used by HUD to pay any
portion of the program payment approved by HUD for a
(bi If the first or last date of the ACC term for a funding fiscal year.
increment is not entered before the consolidated ACC is
signed by the HA, HUD may enter the date 8. Separate ACC for Funding increment
subsequently, by giving written notice to the HA
HUD's commitment to make payments for each funding
increment ('project') listed in the funding exhibit constitutes
4. HUD Payments for Program a separate ACC.
(a) HUD will make payments to the HA for a program in s. Budget and Requisition for Payment
accordance with HUD regulations and requirements.
(a) Each fiscal year, the HA must submit to HUD an
(bl For each HA fiscal year, HUO will pay the HA the estimate of the HUD payments for the program. The
amount approved by HUD to cover: estimate and supporting data must be submitted at
01 Housing assistance payments by the HA for a such time.and in such form as HUD may require, and
program. are subject to HUD approval and revision.
12) HA fees for administration of the program.
(b) The HA must requisition periodic payments on account
(c) The amount of the HUD payment may be reduced, as of each annual HUD payment. Each requisition must be
determined by HUD, by the amount of program receipts in the form prescribed by HUD, Each requisition must
(such as interest income) other than the HUD payment. include certification by the HA that:
(1) Housing assistance payments have been made in
5. Maximum Payments for Program accordance with contracts in the form prescribed
by HUD and in accordance with HUD requirements;
(a) Annual Limit Except for payments from the consolidated and
ACC reserve account, the HUD annual payments for a (2) Units have been inspected by the HA in accordance
program during a fiscal year must not be more than the with HUD requirements.
sum of the contract authority amounts for the funding
increments in the program. (c) If HUD determines that payments by HUD to the HA for
a fiscal year exceed the amount of the annual payment
lb) Limit on Payments for Funding increment The total approved by HUD for the fiscal year, the excess must
amount of payments for any funding increment over the be applied as determined by HUD. Such applications
increment term must not exceed budget authority for the determined by HUD may include,but are not limited to,
funding increment, application of the excess payment against the amount
of the aMual payment for a subsequent fiscal year.
6. Reduction of Amount Payable by HUD The HA must take any actions required by HUD
respecting the excess payment, and must, upon
(a) If HUD determines that the HA has failed to comply with demand by HUD,promptly remit the excess payment to
any obligations under the consolidated ACC.HUD may HUD.
Felt.2 of s form HUD-52520 (11/931
to. HUD Requirements 13. Depositary
(11 The HA must comply, and must require owners to (al Unless otherwise required or permitted by HUD, all
comply, with the requirements of the U.S.Housing Act program receipts must be promptly deposited with a
of 1937 and all HUD regulations and other financial institution selected as depositary by the HA in
requirements, including any amendments or changes in accordance with HUD requirements.
the law or HUD requirements.
(bi The MA must enter an agreement with the depositary
[b) The HA must comply with its HUD-approved institution in the form required by HUD.
administrative plan,equal opportunity housing plan,and
'HUD approved program funding applications. (c) The HA may only withdraw deposited program receipts
for use in connection with the program in accordance
(c) The HA must use the program forms required by HUD. with HUD requirements.
(dl The HA must proceed expeditiously with the programs (d) The agreement with the depositary institution must
under this consolidated ACC. provide that if required under a written notice from HUD
to the depositary:
11. Use of Program Receipts (1) The depositary must not permit any withdrawal of
deposited funds by the HA unless withdrawals by
(a) The HA must use program receipts to provide decent, the HA are expressly authorized by written nonce
safe, and sanitary housing for eligible families in from HUD to the depositary.
compliance with the U.S. Housing Act of 1937 and all (2) The depositary must permit withdrawals of
HUD requirements. Program receipts.may only be used deposited funds by HUD.
to pay program expenditures.
(e) If approved by HUD, the HA may deposit under the
(Ib) The HA must not make any program expenditures, ex- depositary agreement monies received or held by the
cept in accordance with the-HUD-approved budget esti- HA in connection with any contract between the HA
mate and supporting data for a program. and HUD.
W) interest on the investment of program receipts 14. Program Records
constitutes program receipts.
(a) The HA must maintain complete and accurate books of
(d) If required by HUD, program receipts in excess of current account and records for a program. The books and
needs must be promptly remitted to HUD or must be records must be in accordance with HUD requirements.
invested in accordance with HUD requirements. and must permit a speedy and effective audit.
t
12. Administrative Fee Reserve (b) The HA must furnish HUD such financial and program
reports, records, statements, and documents at such
(a1 The HA must maintain an administrative fee reserve for times, in such form, and accompanied by such
a program. The HA must credit to the administrative supporting data as required by HUD.
fee reserve the total of:
{t) The amount by which program administrative fees Ic) HUD and the Comptroller General of the United States.
paid by HUD for a fiscal year exceed HA admini- or their duly authorized representatives, must have full
strative expenses for the fiscal year, plus and free access to all HA offices and facilities. and to
12) Interest earned on the admiNstratiive fee reserve. all the books, documents, and records of the HA
relevant to administration of the program, including the
lot The HA must use funds in the administrative fee right to audit and to make copies.
reserve to pay administrative expenses in excess of
program receipts. If any funds remain in the (d) The HA must engage and pay an independent public
administrative fee reserve, the HA may use the accountant to conduct audits that are required by HUD.
administrative reserve funds for other housing purposes The cost of audits required by HUD may be charged
if permitted by State and local law. against program receipts.
(c) If the HA is not adequately administering any Section 8 15. Default by HA
program in accordance with 'HUD requirements. HUD
may: I (al Upon written notice tothe HA. HUD may take
(1) Direct the HA to use the funds to improve admin- possession of as at any HA property,rights,or interests
stration of the Section a program or for rein- in connection with a program,indud-ing funds held by a
bursement of ineligible expenses. depositary, program receipts, and rights or interests
(21 Prohibit HA use of administrative fee reserve funds.
re"3 of 5 form MUD-52520 (11/931
under a contract for housing assistance payments with functions with respect to a contract for housing
an owner,if HUD determines that: assistance payments executed, or to be executed, on his
(1) The HA has failed to comply with any obligations or her behalf, or with respect to a contract for housing
under this consolidated ACC;or assistance payments to which this person is a party.
(2) The HA has failed to comply with obligations under
a contract for housing assistance payments with an ' Id)The provisions of this section do not apply to the
owner, or has failed to take appropriate action, to depositary agreement, or to utility service for which the
HUD's satisfaction or as directed by HUD, for rates are fixed or controlled by a governmental agency.
enforcement of the HA's rights under a contract for
housing assistance payments (including requiring 19.Interest of a Member of or Delegate to Congress
actions by the owner to cure a default, termination,
or reduction of housing assistance payments, No member of or delegate to the Congress of the United
termination of the contract for housing assistance States of America or resident commissioner shall be
payments, or recovery of overpayments); or admitted to any share or part of this consolidated ACC or to
(3) The HA has made any misrepresentation to HUD of any benefits which may arise from it.
any material fact.
20. Exclusion of Third Party Rights
(b) HUD's exercise or non-exercise of any right or remedy
under the consolidated ACC is not a waiver of HUD's (a) A family that is eligible for housing assistance under
right to exercise that or any other right or remedy at this consolidated ACC is not a party to or third party
any time. beneficiary of the consolidated ACC.
16. Fidelity Bond Coverage (b) Nothing in the consolidated ACC shall be construed as
creating any right of any third party to enforce any
The HA must carry adequate fidelity bond coverage, as provision of this consolidated ACC, or to assert any
required by HUD, of its officers, agents, or employees hand- claim against HUD or the HA.
ling cash or authorized to sign checks or certify vouchers.
21, Consolidated ACC
17. Exclusion from Program
(al The consolidated ACC is a contract between HUD and
Single-headed households, pregnant females, and recipients the HA.
of public assistance may not be excluded from participation
in or be denied the benefit of a program because of such (b) This consolidated ACC supersedes any previous annual
status. contributions contract for a program. Matters relating
to funding or operation of the program under a previous
18. Conflict of Interest Provisions annual contributions contract are governed by this
consolidated ACC.
(a) Neither the HA nor any of its contractors or their
subcontractors may enter into any contract,
subcontract, or arrangement in connection with a
program in which any of the following classes of
persons has an interest, direct or indirect, during tenure
or for one year thereafter:
(11 Any present or former member or officer of the HA
(except a tenant commissioner).
(2) Any employee of the HA who formulates policy or
who influences decisions with respect to a
program.
(3) Any public official,member of a governing body, or
State or local legislator who exercises functions or
responsibilities with respect to a program.'
(b) Any member of these classes of persons must disclose
the member's interest or prospective interest to the HA
and HUD.
(c) The requirements of this section may be waived by
HUD for good cause. No person for whom a waiver is
granted shall be permitted to exercise responsibilities or
Page 4 of S form HUD-52520 (11/93)
United Stales of America Secretary of Housing and Urban Development
Signature of Authorized Representative: Date s,gned:
x
Name d Official Title: (print or type)
Joyce M. Roberson, Director, Office of Public Housing
San Francisco
Housing Agency Name of Agency: (print or type)
Mark DeSauinier, Chair Octoher1_ _4,_1997
Signature of Authorized Representative: Date signed:
x
Name 6 Official Title: (print or type)
form HUD-52520 (11/93)
Page 5 of 5
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Consolidated Annual U.S.Deparurwnt of Housing
and Urban Development
Contributions Contract office of Public and k4an Housing
Rental Certificate Program
and Rental Voucher Program section s
Table of Sections page page
1. Definitions . . . . . 1 12. Administrative Fee Reserve. . . . . . . . . . . . .. . . . . . . 3
2. Funding for HA Certificate or Voucher Program . . . . . . . 2 13. Depositary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3. Term . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . ... 2 14. Program Records . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
4. HUD Payments for Program . . . . . . . . . . . . . . . . . . . . . 2 15. Default by HA . . . . ... . . . . . . . . . . . . . .. . . . . . . . .3
5. Maximum Payments for Program. . . . . . . .. . ... .. ... 2 16. Fidelity Bond Coverage. . . . ... . . . . . . . . . . . . . . . . 4
6. Reduction of Amount Payable by HUD. . . . . . . . . . . . . . 2 17. Exclusion from Program . . . . . . . . . . . . . . . . . . . . . . 4
7. ACC Reserve Account... . . . . . . . . . . . .... . . . . . . . 2 18. Conflict of Interest Provisions . . . . . . . . . . . . . . . . . . 4
8. Separate ACC for Funding increment. . . . . . . . . . . . . . . 2 19. Interest of Member of or Delegate to Congress . . . . . .4
9. Budget and Requisition for Payment. . . . . . . . .. . . . . . . 2 20. Exclusion of Third Party Rights . . . . . . . . . . . . . . . . . . 4
10.HUD Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 21. Consolidated ACC. . . . . . . . . . . . . . . . . I . . . . . . . . 4
1 1. Use of Program Receipts . . . . . . . . . . . . . . . . . . . . . . . 3
1. Definitions
ACC. Annual contributions contract. Funding Exhibit. An exhibit to the consolidated ACC. The
funding exhibit states the amount and term of funding for a
ACC Reserve Account. An account established by HUD for program. There are separate funding exhibits for the HA
a program from amounts by which the maximum payment certificate program and voucher program.
to the HA under the consolidated ACC (during an HA fiscal
year) exceeds the amount actually approved and paid. This Funding Exhibit A. The funding exhibit for the HA
account is used as the source of additional payments for the certificate program.
program.
Funding Exhibit B. The funding exhibit for the HA voucher
Annual Contributions Contract. The contract for each program.
funding'lncrement. HUD's commitment to make payments
for each funding increment I"project') listed in the funding funding increment (also called a *Project'). Each
exhibit constitutes a separate ACC. commitment of budget authority by HUD to the HA for a
program under the consolidated ACC. The funding
Budget Authority. The maximum amount of funds available increments for the program are listed in the program funding
for payment to the HA over the term of a funding exhibit.
increment. Budget authority is authorized and appropriated
by the Congress. HA. Housing agency.
Consolidated Annual Contributions Contract (consolidated Housing Agency (HAI. The agency that has entered this
ACC). The consolidated contract for the HA certificate consolidated ACC with HUD.
program and voucher program. H;w-s commitment to make
payments for ea* funding increment in a program HUD. U.S.Department of Housing and Urban Development.
constitutes a separate ACC. However.commitments for all
the funding increments are listed in this consolidated ACC. Program. The HA certificate program or voucher program.
Contract Authalty.-The mammtxn annual payment by HUD Prop e . Exp endittwas. Amounts which may be charged
to the HA for a funding increment. The amount of contract against program receipts in accordance with the
authority for each funding increment in a program is listed in consolidated ACC and HUD rettuirements.
the funning exhibit for the program.
hopm Racelim. Amounts paid by HUD to the HA for a
Fiscal liar. The HA fiscal year. The Rounding exhibit states program. and any other amounts received by the HA in
the last month a+d day of One HA Iiscsl year. con wtkvn with the program.
hoject. A hurdling kwearent for the program.
tps I WS form HUD-52520 01/9;
4
2 Funding for HA Certificate or Voucher Program reduce to an amount determined by HUD:
11) The amount of the HUD payment for any funding
(a) The funding increments in the HA certificate program or increment.
voucher program are listed in the funding exhibit for the (21 The contract authority or budget authority for any
program. funding increment.
(b) The amount of contract and budget authority for each (b) HUD must give HA written notice of tf reduction.
funding increment in a program is stated in the program
funding exhibit. (c) The HUD notice may include a revised funding exhibit
to state the reduction in the amount of contract
(c) By giving written notice to the HA, HUD may revise a authority or budget authority for a funding increment.
funding exhibit: The notice of a revised funding exhibit, or of revisions
(t) To add a cost amendment project. to the funding exhibit for a program constitutes an
(2) To remove a project for which the ACC term has amendment of the consolidated ACC.
expired.
7. ACC Reserve Account
3 Term
An ACC reserve account may be established and maintained
(a) The funding exhibit states the first date and last date of by HUD. The amount in the account is determined by HUD.
the ACC term for each funding increment. The ACC reserve account may be used by HUD to pay any
portion of the program payment approved by HUD for a
(bi If the first or last date of the ACC term for a funding fiscal year.
increment is not entered before the consolidated ACC is
signed by the HA. HUD may enter the date s. Separate ACC for Funding increment
subsequently, by giving written notice to the HA
HUD's commitment to make payments for each funding
increment('project')listed in the funding exhibit constitutes
a. HUD Payments for Program a separate ACC.
(a) HUD will make payments to the HA for a program in s. Budget and Requisition for Payment
accordance with HUD regulations and requirements.
(al Each fiscal year, the HA must submit to HUD an
(b) For each HA fiscal year,HUD will pay the HA the estimate of the HUD payments for the program. The
amount approved by HUD to cover: estimate ,and supporting data must be submitted at
(1) Housing assistance payments by the HA for a such time and in such form as HUD may require, and
program. are subject to HUD approval and revision.
(2) HA fees ar administration of the program.
(b) The HA must requisition periodic payments on account
(c) The amount of the HUD payment may be reduced, as of each annual HUD payment. Each requisition must be
determined by HUD, by the amount of program receipts in the form prescribed by HUD. Each requisition must
Isuch as interest income) other than the HUD payment. include certification by the HA that:
(1► Housing assistance payments have been made in
5. Maximum Payments for Program accordance with contracts in the form prescribed
by HUD and in accordance with HUD requirements:
(al Annual Limit Except for payments from the consolidated and
ACC reserve account, the HUD annual payments for a (2) Units have been inspected by the HA in accordance
program during a fiscal year must not be more than the with HUD requirements.
SUM of the contract authority amounts for the funding
increments in the program. (cl If HUD determines that payments by HUD to the HA for
a fiscal year exceed the amourmt of the annual payment
(b) limit on Payments for Funding Increment The total approved by HUD for the fiscal year. the excess must
amount of payments for any funding increment over the be applied as determined by HUD. Such applications
increment term must not exceed budget authority for the determined by HUD may include.but are not limited to,
funding increment. application of the excess payment against the amount
of the annual payment for a subsequent fiscal year.
6. Reduction of Amount Payable by HUD The HA must taste any actions required by HUD
respecting the excess payment, and must. upon
(a) 11 HUD determines that the HA has failed to comply with demand by HW.promptly remit the excess payment to
any obligations under the consolidated ACC.NUC)may HUD.
P"*2 of 5 form HUD-52520 (11/931
to. HUD Requirements 13. Depositary
131 The HA must comply, and must require owners to (a) Unless otherwise required or permitted by HUD, all
comply, with the requirements of the U.S.Housing Act program receipts must be promptly deposited with a
of 1937 and all HUD regulations and other financial institution selected as depositary by the HA in
requirements, including any amendments or changes in accordance with HUD requirements.
the law or HUD requirements.
(b) The NA must enter an agreement with the depositary
(b) The, HA must comply with its HUD-approved institution in the form required by HUD.
administrative plan,equal opportunity housing plan, and
HUD approved program funding applications. (c) The HA may only withdraw deposited program receipts
for use in connection with the program in accordance
(c) The HA must use the program forms requited by HUD. with HUD requirements.
(d) The HA must proceed expeditiously with the programs (d) The agreement with the depositary institution must
under this consolidated ACC. provide that if required under a written notice from HUD
to the depositary:
11. Use of Program Receipts (1) The depositary must not permit any withdrawal of
deposited funds by the HA unless withdrawals by
(a) The HA must use program receipts to provide decent, the HA are expressly authorized by written notice
safe, and sanitary housing for eligible families in from HUD to the depositary.
compliance with the U.S. Housing Act of 1937 and all (2) The depositary must permit withdrawals of
HUD requirements. Program receipts may only be used deposited funds by HUD.
to pay program expenditures.
(e) If approved by HUD, the HA may deposit under the
(bl The HA must not make any program expenditures, ex- depositary agreement monies received or held by the
cept in accordance with the HUD-approved budget esti- HA in connection with any contract between the HA
mate and supporting data for a program. and HUD.
(c) Interest on the investment of program receipts 14. Program Records
constitutes program receipts.
(a) The HA must maintain complete and accurate books of
(d) If required by HUD, program receipts in excess of current account and records for a program. The books and
needs must be promptly remitted to HUD or must be records must be in accordance with HUD requirements,
invested in accordance with HUD requirements. and must permit a speedy and effective audit.
12. Administrative Fee Reserve (b) The HA must furnish HUD such financial and program
reports, records, statements, and documents at such
(al The HA must maintain an administrative fee reserve for times, in such form, and accompanied by such
a program. The HA must credit to the administrative supporting data as required by HUD.
fee reserve the total of:
(1) The amount by which program administrative fees (c) HUD and the Comptroller General of the United States.
paid by HUD for a fiscal year exceed HA admin- or their duly authorized representatives, must have full
strative expenses for the fiscal year,plus and free access to all HA offices and facilities, and to
(2) Interest earned on the administrative fee reserve. all the books, documents. and records of the HA
relevant to administration of the program, including the
(b) The HA must use funds in the administrative fee right to audit and to make copies.
reserve to pay administrative expenses in excess of
program receipts. If any funds remain in the (d) The HA must engage and pay an independent public
administrative fee reserve, the HA may use the accountant to conduct audits that are required by HUD.
administrative reserve funds for other housing purposes The cost of audits required by HUD may be charged
of permitted by State and local law. against program receipts.
(c) If the HA is not adequately administering any Section 8 is. Default by HA
program in accordance with HUD requirements. HUD
may: I (al Upon written notice tothe HA. HUD may take
(1) Direct the HA to use the funds to improve adman- possession of aM or any HA property,rights,or interests
stration of the Section S program or for rerm- in connection vWth a program.including funds held by a
bursement of ineligible expenses. depositary, program receipts, and rights or interests
(2) Prohibit HA use of administrative fee reserve funds.
too 3 or S form HUD-52520 111/93)
under a contract for housing assistance payments with functions with respect to a contract for housing
an owner,if HUD determines that: assistance payments executed, or to be executed, on his
111 The HA has failed to comply with any obligations or her behalf, Or with respect to a contract for housing
under this consolidated ACC;or assistance payments to which this person is a party.
(2) The HA has failed to comply with obligations under
a contract for housing assistance payments with an ' (d) The provisions of this section do not apply to the
owner, or has failed to take appropriate action, to depositary agreement, or to utility service for which the
HUD's satisfaction or as directed by HUD, for rates are fixed or controlled by a governmental agency.
enforcement of the HA's rights under a contract for
housing assistance payments (including requiring 19.lnterest of a Member of or Delegate to Congress
actions by the owner to cure a default, termination,
or reduction of housing assistance payments, No member of or delegate to the Congress of the United
termination of the contract for housing assistance States of America or resident commissioner shall be
payments, or recovery of overpayments); or admitted to any share or part of this consolidated ACC or to
(3) The HA has made any misrepresentation to HUD of any benefits which may arise from it.
any material fact.
20. Exclusion of Third Party Rights
(b) HUD's exercise or non-exercise of any right or remedy
under the consolidated ACC is nota waiver of HUD's (a) A family that is eligible for housing assistance under
right to exercise that or any other right or remedy at this consolidated ACC is not a party to or third party
any time. beneficiary of the consolidated ACC.
16. Fidelity Bond Coverage (b) Nothing in the consolidated ACC shall be construed as
creating any right of any third party to enforce any
The HA must carry adequate fidelity bond coverage, as provision of this consolidated ACC, or to assert any
required by HUD, of its officers, agents, or employees hand- claim against HUD or the HA.
ling cash or authorized to sign checks or certify vouchers.
21.Consolidated ACC
17- Exclusion from Program
(a) The consolidated ACC is a contract between HUD and
Single-headed households, pregnant females, and recipients the HA.
of public assistance may not be excluded from participation
in or be denied the benefit of a program because of such (b) This consolidated ACC supersedes any previous annual
status. contributions contract 4or a program. Matters relating
to funding or operation of the program under a previous
18 Conflict of Interest Provisions annual contributions contract are governed by this
consolidated ACC.
(a) Neither the HA not any of its contractors or their
subcontractors may enter into any contract,
subcontract, or arrangement in connection with a
program in which any of the following classes of
Persons has an interest, direct or indirect, during tenure
or for one year thereafter:
(1) Any present or former member or officer of the HA
(except a tenant commissionerl.
(2) Any employee of the HA who formulates policy or
who influences decisions with respect to a
program.
(31 Any public official,member of a governing body, or
State or local legislator who exercises functions or
responsibilities with respect to a program.
(b) Any member of these classes of persons must disclose
the member's interest or prospective interest to the HA
and HUD.
(c) The requirements of this section may be waived by
HUD for good cause. No person for whom a waiver is
granted shall be permitted to exercise responsibilities or
Page 4 or 5 form HUD-52520 0 1/931
United Sta,es of America Secretary of Housing and Urban Development
Signature of Authorized Representative: Date signed
X
Name 6 official Title: (print or type)
Joyce M. Roberson, Director, Office of Public Housing
San Francisco
Housing Agency Name of Agency: (print or type)
Mark DeSaulnier, Chair Octnher 14, 1997.
Signature of Authorized Representative: Date signed:
X
Name 6 Official Title: (print or type)
form HUD-52520 111/93)
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