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HomeMy WebLinkAboutMINUTES - 10032000 - HA1 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO: BOARD OF COMMISSIONERS FROM: Robert McEwan, Executive Director DATE: October 3, 2000 SUBJECT: AUTHORIZE THE EXECUTIVE DIRECTOR OF THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO EXECUTE ALL APPROPRIATE DOCUMENTS TO UTILIZE THE REVISED ALLOCATION OF FUNDS FOR CAPITAL FUND PROGRAM (CFP) CA39POl 150100 AND PUBLIC HOUSING DRUG ELIMINATION PROGRAM (PHDEP) CA39DEP0110100, INCORPORATING FUNDS FROM THE SAN PABLO HOUSING AUTHORITY SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: AUTHORIZE the Executive Director of the Housing Authority of the County of Contra Costa to execute all appropriate documents necessary to utilize the revised allocation of funds for the Capital Fund Program (CFP) CA39POl 150100 and the Public Housing Drug Elimination Program (PHDEP) CA39DEP0110100 to incorporate the funds from the San Pablo Housing Authority, which is now part of the Housing Authority of the County of Contra Costa. II. FINANCIAL IMPACT: The Housing Authority will receive an additional $253,217 for the Capital Fund Program and an additional $32,259 for the Public Housing Drug Elimination Program under the revised allocation of funds. The new grant amount for the Capital Fund Program is $2,765,759. The new grant amount for the Public Housing Drug Elimination Program is $293,145. III. REASONS FOR RECOMMENDATION/BACKGROUND The Housing Authority of the County of Contra Costa requested to have the Capital Fund Program funds and the Public housing Drug Elimination Program funds for the San Pablo Housing Authority allocated to the Housing Authority of the County of Contra Costa, the operating authority for the San Pablo Housing Authority. On September 13, 2000 the Housing Authority of the County of Contra Costa received notification from the U.S. Department of Housing and Urban Development (HUD) requesting the necessary documentation for the CFP and PHDEP from the San Pablo Housing Authority to be awarded to the Housing Authority of the County of Contra Costa be submitted to them. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON October 3. 2000 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 3, 2000 PHIL BATCHELOR,CLERK OF THE BOARD OF COMMISSIONERS cc: Housing Authority AND COUNTY ADMINISTRATOR 0 BY ',DEPUTY \\HOUSAUTH—I\USER\judyhrntz\MSOFFICE\WINWORD\BOARD\BO-APPRVD FUNDTN MITT oc IV. CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect not to AUTHORIZE the Executive Director of the Housing Authority of the County of Contra Costa to execute all appropriate documents necessary to utilize the revised allocation of funds for the Capital Fund Program (CFP) CA39POl 150100 and the Public Housing Drug Elimination Program (PHDEP) CA39DEP0110100 to incorporate the funds from the San Pablo Housing Authority, which is now part of the Housing Authority of the County of Contra Costa, the Housing Authority could be in jeopardy of loosing the additional funding. Ci�l�ilt�i Fund Program and Department of Housing and urban Development (CFP) Amendment Office of Public and Indian Housing To The Consolidated Annual Contributions Contract (form HUD-53012) Whereas,(Public Housing Agency) Contra Costa Housing Authority (CA011) (herein called the"PHA") and the United States of America, Secretary of Housing and Urban Development (herein called "HUD") entered into Consolidated Annual Contributions Contract(s)(ACC)Number(s) SF-182 dated February 24, 1962 HUD has agreed to provide CFP assistance,upon execution of this Amendment,to the PHA in the amount to be specified below for the purpose of assisting the PHA in carrying out capital and management activities in order to ensure that such developments continue to be available to serve low-income families:$ 2,765,759 for fiscal year 20 00 to be referred to under Capital Fund Grant Number CA39P01150100 PWA Tax Identification Number(TIN) 94-6000746 Whereas, HUD and PHA are entering into this CFP Amendment Number 55 Now Therefore,the ACC(s) is(are) amended as follows: activities and for a period of forty years after the last 1. The ACC(s)is(are)amended to provide CFP assistance in distribution of CFP assistance for development activities. the amount specified above for capital and management However,the provisions of Section 7 of the ACC shall remain activities of PHA developments. This amendment is a part in effect for so long as HUD determines there is any out- of the ACC(s). standing indebtedness of the PHA to HUD which arose in connection with any development(s)under the ACC(s)and 2. The capital and management activities shall be carried which is not eligible for forgiveness, and provided further R out in accordance with all HUD regulations and other that, for a period of ten years following the last payment of requirements applicable to the Capital Fund Program. assistance from the operating fund to the PHA,no disposi- tion of any development covered by this amendment shall 3. in accordance with the HUD regulations,the PHA Agency occur unless approved by HUD. Plan has been adopted by the PHA and approved by HUD, and may be amended from time to time. The capital and 6. If the PHA does not comply with any of its obligations under management activities shall be carried out as described In this Amendment, HUD may direct the PHA to terminate all the PHA Agency Plan Capital Fund Annual Statement. work described in the Capital Fund Annual Statement of the PHA Agency Plan. In such case, the PHA shall only 4. Subject to the provisions of the ACC(s),and to assist in the incur additional costs with HUD approval. capital and management activities,HUD agrees to disburse to the PHA from time to time as needed up to the amount 7. Implementation or use of funding assistance provided of funding assistance specified above. under this Amendment is subject to the attached Corrective 5. The PHA shall continue to operate each development as Action Order(s). low-income housing in compliance with the ACC(s), as (mark one): []Yes M No amended,the United States Housing Act of 1937(the"Act') 8. The PHA acknowledges its responsibility for adherence to and all HUD regulations for a period of twenty years after this Amendment by subgrantees to which it makes funding the last disbursement of CFP assistance for modernization assistance hereunder available. The parties have caused this Agreement to be effective as of the date of execution on behalf of the United States,as stated below. US.Department of Housing and urban Development PHA e BY: Dots: 9y: r Date: Joyce L. Lee Robert McEwen / 11M. TIM: Director, Office of Public Housing Executive Director form HUD-52940A PHA Plan: Table Library Component 7 Capital Fund Program Annual Statement Parts 1, H, and H Annual Statement Capital Fund Program (CFP) Part 1: Summary Capital Fund Grant Number CA39POl 150100 FFY of Grant Approval: 2 original Annual Statement 0 Revised Annual Statement Line No. Summary by Development Account "Total Estimated Cost 1 Total Non-CGP Funds 2 1406 Operations 3 1408 Management Improvements 553,000 4 1410 Administration 276,000 5 1411 Audit 1,000 6 11415 Liquidated Ram Mes 7 1430 Fees and Costs 146,759 8 1440 Site Ac uisition 9 1450 Site Improvement 177,000 10 1460 Dwe!!iLaS Dove!!' Structures 1,400,000 11 1465.1 Dwelling u1 -Nonedable 12 1470 Nondwe n Structures 13 1475 Nonwe ' E meet 160,000 14 1485 Demolition 15 1490 lecement Reserve 16 1492 Moving to Work Demonstration 17 1495.1 Relocation Costs 18 1498 Mod Used for Development 19 1502 Contingency 52,000 20 Amount of Annual Grant Sum of fines 2-19)_ 2,765,759 21 Amount of lig 20 Related to LBP Activities 22 Amount of line 20 Related to Section 504 Co fiance 23 Amount of line 20 Related to Security 24 Amount of line 20 Related to Energy Conservation 172,000 Measures Table Library PHA Plan Table Library Component 7 Capital Fund Program Annual Statement Parts 1, H, and H Annual Statement Capital Fund Program (CFP) Part 1: Summary Capital Fund Grant Number CA39POI 150100 FFY of Grant Approval. 2000) [] Original Annual Statement M Revised Annual Statement Line No. Summary by Development Account Total Estimated Cost 1 Total Non-CGP Funds 2 1406 Operations 3 1408 MnMement Improvements 553,000 4 1410 Administration 27.6,000 5 1411 Audit 1,000 6 1415 L` u€dated Damaes 7 1430 Fees and Costs 146,759 8 1440 Site Acquisition 9 1450 Site improvement 177,000 10 1460 Dwelling Structures 1,400,000 11 1465.1 RMEging Equipment-Nonenpendable 12 1470 Nondwelling Structures 13 1475 Nondweg'ng Equipment 160,000 14 1485 Demolition 15 1490 Replacement Reserve 16 1492 Moving to Work Demonstration 17 1495.1 Relocation Costs 18 1498 Mod Used for Development 19 1502 Co en 52,000 20 Amount of Annual Grant Sum of tines 2-19 2,765,759 21 Amount of line 20 Related to LBP Activities 22 Amount of fine 20 Related to Section 504 Compliance 23 Amount of line 20 Related to Security 24 Amount of line 20 Related to Energy Conservation 172,000 Measures Table Library Assistance Award/Amendment U.S. Department of Housing and Urban Development Office of Administration 1.Assistance Instrument 2.T pe of Action Cooperative Agreement Id Grant Award 1,nl Amendment 3.Instrument Number 4.Amendment Number 5.Effective Date of this Action 6.Control Number CA39DEP0110100 7.Name and Address of Recipient 8.HUD Administering Office Housing Authority of the County of Contra Costa Office of Public Housing P.O. Box 2759 San Francisco Martinez, CA 94553 Be.Name of Administrator 8b.Telephone Number 10.Recipient Project Manager 9.HUD Government Technical Representative 11.Assistance Arrangement 12. Payment Method 13.HUD Payment Office Cost Reimbursement Treasury Check Reimbursement LOCCS VRS ®Cost Sharing ®Advance Check Fixed Price Automated Clearinghouse 14.Assistance Amount 15.HUD Accounting and Appropriation Data Previous HUD Amount $260,856 15a.Appropriation Number 15b.Reservation number HUD Amount this action $32,289 86XO197 Total HUD Amount $293,145 Amount Previously Obligated $260,856 Recipient Amount $ Obligation by this action $32,289 Total Instrument Amount $293,145 Total Obligation $293,145 16.Description Revised Fiscal Year 2000 Public Housing Drug Elimination Program (PHDEP) Grant Awards including funds for the San Pablo Housing Authority 17. Lnl Recipient is required to sign and return three(3)copies 16. © Recipient is not required to sign this document. of this document to the HUD Administering Office 19.Recipient(By Name) 20.HUD(By Name) Housing Authority of the County of Contra Costa Signature&Title Date(mm/dd/yyyy) signature&Title Date(mm/ddtM) Robert McEwan, Executive Director 09/2OI00 form HUD-1044(8190) ref.Handbook 2210.17 FY 2000 PUBLIC HOUSING DRUG RLIMI=TION PROGRAM -GRANT AGRZWC%NT- PBDEP Grant #: CA39DEP0110100 Award amount: $: 293,145 ARTICLE I 1. This grant Agreement (the "Agreement")is between the U. S. Department of Housing and Urban Development (HUD) (the "grantor") and County of Contra Costa Housing Authority, CA011 the "Grantee/Recipient") identified in block 7 on the cover sheet of this Agreement, Form HUD-1044. 2. Subject to the provisions of this Agreement, HUD will make this cost- reimbursable grant for $260,556 or subject amount as approved by the Field Office including hourly rate. Disbursement of these funds is contingent upon review and final approval of the grantee's DEP/PHA plan by the local Field Office. 3. In consideration of the mutual covenants and promises set forth herein, HUD and the Grantee hereby agree as follows: h ARTYCLS II: BUD G=XRAL RBQVIRMTB 1. In executing this Agreement, the Grantee agrees to abide by all applicable laws, regulatory requirements, including without limitation, all Federal, state, and local laws, regulations, executive ordeis, OMB Circulars, codes, and assurances and certifications in the approved application/proposal, as amended. 2. In executing this agreement, the grantee has developed a comprehensive, 5-year DEP strategy that will serve as the basis for the annual DEP/PHA plan submission as set forth in 24 CFR 761.21 (Plan Requirements) . 3. In executing this agreement, the grantee has completed a "Comprehensive Certification of Compliance" as part of the PEDEP Plan Submission which assures that the PHA will maintain and have available for review/inspection (at all times) , records or documentation regarding: baseline law enforcement services, consortium agreement/s under 24 GFR 761.15; partnerships agreements and services; coordination with other law enforcement efforts; agreement(s) with local law enforcement agencies; and crime statistics. FY 2000 Public Housing Drug Elimination Program Grant Agreement Page 1 of 9 10. The Grantee shall designate in writing a person to act as the Grantee's representative (Project Manager) with respect to the services and this Agreement. 11. The Grantee shall not make or cause to be made any changes to the services without the express written consent by HUD, the granting of which consent shall be in the sole discretion of HUD. 12. Cumulative transfers among direct cost categories, or among budget line item activities may be made without prior HUD approval where such transfers do not exceed ten percent of the current total approved budget. 13. The accounting systems of the Grantee must ensure that HUD funds are not commingled with funds from other Federal agencies or other HUD program funds. Funds specifically budgeted and/or received for one program may not be used to support another. Where the Grantee's accounting system cannot comply with this requirement, the Grantee must establish a system to provide adequate fund accountability for each program for which it has been awarded funds. In addition the Grantee must provide a description of their financial management system demonstrating compliance with the requirements of 24 CFR 85.20 (b) and current OMB Circulars. 14. Grant funds must be made available in accordance with the following: w A. The requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (Nondiscrimination in Federally Assisted Programs) and implementing regulations issued at 24 CFR Part 1. B. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR Part 146, and the prohibitions against discrimination against handicapped individuals under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and .implementing regulations at 24 CFR Part 8. C. The requirements of Executive Order 11246 (Equal Employment Opportunity) and the implementing regulations issued at 41 CFR Chapter 60. D. Any requirements that may be imposed by HUD subject to the National Environmental Policy Act or other legislation implemented by 24 CFR Part 50. HM regulatory requirements on toxic chemicals, noise, and airport clear zones also apply. FY 2000 Public Housing Drug Elimination Program Grant Agreement Page 3 of 9 ARTICLE III: SPECIAL CONDITIONS) SET FORTS By TEE LOCAs. HUD FIELD OFFICE Special conditions set forth in the HUD grant approval letter are incorporated herein by reference. ARTICLE rV: S`MGET INFOMULTION 1. Payments of grant funds shall be through electronic funds transfer using the Line of Credit Control System-Voice Response System (LOCCS-VRS) . 2. The Grantee will utilize the U.S. Government rate for travel in specific cities as published in the Feg2ral Register annually. The approved DEP/PHA Plan (subject to final review and approval by the local field office) , as amended, outlines any anticipated trips. 3. A summary of the LOCCS-VRS budget line item (BLI) amounts (and the Standard Form 424A/Budget Information) is provided in Attachment A. ARTICLE V: METHOD OF PAYM3W [FONDS DRANDOMN7 1. Payments of grant funds shall be through electronic funds transfer using the Line of Credit Control System-Voice Response System (LOCCS-VRS) . 2. The Grantee shall minimize the time elapsing between the transfer of funds from HUD and the disbursement of funds. The HUD funds are to be made available based on actual need at the time the Grantee plans to make payment for costs incurred. Drawdowns in excess of need may result in special procedures for payments, or termination with persistent violations. Funds requisitioned through LOCCS-VRS must be disbursed within seven calendar days after receipt of funds drawdown. ARTICLE VI: MONITORING AND REPORTING RSQLTIRElENTS 1. The grantee shall undergo an annual review or semi-annual review to ensure that it is carrying out its PHDEP funded activities in accordance with HUD grant agreements and all applicable laws. The semi-annual review will be conducted in accordance with 24 CFR Part 761.35. 2. All recipients of PBDEP grants are required to submit a PHDEP Semi- Annual Performance Report and the Semi-]annual Financial Status Report (SF269A) to the appropriate HUD Field Office or the HUD Area Office of Native American Programs (ONAP) , through the FY 2000 Public Housing Drug Elimination Program Grant Agreement Page 5 of 9 ARTICLE VIII: DX]1'A=T 1. A default under this Agreement shall consist of using grant fundsfor a purpose other than as authorized by this Agreement, any noncompliance with legislative, regulatory, or other requirements applicable to this Agreement, any other material breach of this Agreement, or any material misrepresentation in the DRP/PHA Plan submission. 2. If HUD makes an initial determination that the Grantee is in default, HUD will give the Grantee written notice of this determination and of the corrective or remedial action proposed by HUD. The Grantee shall have an opportunity to demonstrate within 10 calendar days, per HUD Handbook 3210.17 paragraph 5-8c, and on the basis of substantial facts and data, that it is not in default, or that the proposed corrective or remedial action is inappropriate, before HUD implements the remedial action. 3. Alternatively, if HUD determines that there is an imminent threat that the Grantee will continue to expend grant funds contrary to this Agreement unless HUD tabes immediate action, HUD may, concurrent with issuing a written notice of default, implement a remedial action appropriate to prevent such expenditure. 4. HUD shall provide the Grantee with an opportunity at the earliest possible time to demonstrate that it is not in default or that the proposed remedial action is inappropriate. S. Corrective or remedial actions that HUD may order under this Agreement include, but shall not be limited. to, the following: A. Requiring the Grantee to prepare and follow a HUD approved schedule of actions and/or a management plan for properly completing the activities approved under the DRP/PHA Plan. H. Canceling or revising the affected activities, revising the grant budget as necessary, and substituting other eligible activities. C. Discontinuing drawdowns under the IOCCS-VRS and prohibiting payment or reimbursement for any grant activities or, if more appropriate, for only those activities affected by the default. D. Requiring reimbursement by the Grantee to HUD for grant amounts used improperly. 6. where HUD determines that remedial actions required to be taken by the Grantee have not been undertaken as instructed, or will not be effective in correcting the default, and to prevent further FY 2000 Public Housing Drug Elimination Program Grant Agreement Page 7 of 9 f that were prepared or collected by the Grantee in performing he services, whether such materials are completed or are in progress. B. Upon termination of this Agreement for any reason prior to the expiration date, HUD shall have full discretion to take control of the services and to complete all remaining work in connection with the provisions of the services, whether by itself, with the assistance of another party or parties, or otherwise. S. In the event that this Agreement is terminated prior to the expiration date, the Grantee shall be paid all costs validly incurred by the Grantee in providing proper services through and including the date of termination, in addition to any termination expenses that are mutually agreed upon in writing by the Grantee and HUD provided, however, that the Grantee shall not be paid any amount which would cause the aggregate compensation paid to the Grantee under this Agreement to exceed the approved grant amount on HUD form HUD-1.044, Assistance Award/Amendment. 6. If HUD terminates this Agreement for cause, as provided for in this Agreement, HUD may reduce any amounts payable to the Grantee at the time of the termination by the amount of any additional costs incurred by HUD as a result of the termination. Attachment Signature of HUD official Si tune of Grantee Director, Office of Public HA Executive Director Housing, Grants Officer Robert McEwen, Executive Director Print Name of HUD official Print Name of Grantee Housing Authority of the County of Contra. Costa Date Name of Housing Authority September 20, 2000 Date FY 2000 Public Housing Drug Elimination Program Grant Agreement Page 9 of 9 Attac)—ent A BOUGST LISA ITZM A==TXZS 3DMS no 2 APPRCVSD A1PPRti4'STi 9110 Reimbursement of Law Enforcement $ 198,552 9115 Special initiative $ 9116 Reprogrammed Funds $ 9120 Employment of Security Personnel $ 9130 Employment of Investigators $ 9140 Voluntary Tenant Patrol $ 9150 Physical Improvements $ 9160 Drug Prevention $ 9170 Drug Intervention $ 94,593 9180 Drug Treatment $ 9190 Cather Program Cost S Total Approved Amount $ 293,145 FY 2000 Public Sousing Drug Elimination Program Grant Agreement t c Attaahmmt A BtMxWT LZXZ ITZK ACTIVITM NO. AgpR9M A�'�tROVBIf 9110 Reimbursement of Law Enforcement $ 19$,552 9115 special initiative $ 911.6 Reprogrammed Funds $ 9120 Employrment of Security Personnel $ 9130 Employment of Investigators $ 9140 voluntary Tenant Patrol $ 9150 Physical Improvements $ 91.60 Drug Prevention 9170 Drug Intervention $ 94,593 �r 9160 Drug Treatment $ 9190 Other Program Cost 5 Total Approved Ana mt $ 293,145 FY 2000 Public Housing Drug Elimination Program Grant Agreement