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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 Z W f 0 0 J W W Z Q Cfl CL' Z Q C7 Z N D O x LL � O 1y l C7 � a LU a f a a w v N 7 Y to O N 0 0 0 0 0 0 f-O C7 m ti W Il_W h W�tM M O Ow fl-W�!1�O� O f� �" �•--• N•ONNlONN WJPO WPOW O1l WMI��sCO -MPC :2 W W[C Ctt W m O P"C) I1 M1P I-�f O�V1Mol W PO Lf)t2 NOM W t O W N = O 2 O N O W P 1 n f N" O ti - f l P It'T P P N M l!1 P•-N N N X m j P•0 C' M N 1�P P 1 n M -P M C\ N V 1 Ili M f 0 0 W W Q N 111"t'T N.-N N I--M NN M'0!�N N P 1!1 U J � r C7 Z LU m W O N Q Z Q U 91 LL M: w Qw Y O O O O N N•O O O 10 10 O O M It�2 O O•O O�O O W 111�O 10 O 1- w CO HH 1N W V1�N�0 ISP o�O�o W P��T 1no W�f�•O P o W f U.. i l0P 01111!1.O�O � W Of�OM W N W J111ti MP O�W O O 4[r Z C. 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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) Pape 5 of 5 z W M: CL 0 J W W O 2 Q m D 0 Z Q G7 Z N ' 0 O x LL O W L, M Q M a W f ac Q a W 0 N Y Ln ON OO OO OOf-O OLnt/1 : 0 Ln1 2•001- F Y•-• ' N•o NN'oNN 00 J PO CO UO co ON�M1'J hMP Om W O< m ci o J 6 w h M J cO P h J Ln a, & i -O P O Ln mM_NOMOO�I��O OON = =) .ONO W P Ln h N LO r-7Z Ln P J J P h P NM Ln tOP�N�N N x m? 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