HomeMy WebLinkAboutMINUTES - 04211998 - C53 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
TO: BOARD OF COMMISSIONERS
FROM: Richard J. Martinez,Executive Director
DATE: April 21, 1998
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.4036 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.
H. FINANCIAL IMPACT:
Section 8 contract and budget authority in the amount of$2,970,944 has been reserved and obligated for increment
numbers CA01 I CE0061. This new funding increment is to assist persons with disabilities in support of designated housing
allocation plans in accordance with the notice of funding availability that was published in the Federal Register. It enables
persons with disabilities to rent affordable private housing of their choice. Funds must be distributed as indicated on the
attached reservation worksheet. The term of the contract is for two years.
IIl. 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 CA011 CE0061 This funding is fora
twenty-four-month term. To secure these funds for the Section 8 Program,it will be necessary for the Board of Commissioners
to adopt Resolution No.4036.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Should the Board of Commissioners elect not to adopt Resolution No.4036,the Housing Authority would lose this
reserved funding.
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON April 21, 1998 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 April 1, 1998
PHIL BATCHELOR,CLERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
f
� f. ,n \`
BY E r, n' R! „4, , n ,;DEPUTY
bo-acc e^f
THE BOARD OF COMMISSIONERS
HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
RESOLUTION NO.4036
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 April 21, 1998,as amended,with
the United States of America("Government")
NOW,THEREFORE,BE IT RESOLVED BY PHA,as fellows:
I. 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 April 21, 1998 vy the
following vote of the Commissioners.
AYES: Commissioners Uilkema, Gerber, DeSaulnier, Canciamilla, Rogers
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.
ATTESTED April 21, 1998
PHIL BATCHELOR,CLERK OF
THE BOARD OF COMMISSIONERS
AND COUNTY ADMINISTRATOR
BY �hf��x L�x 4 1a4 . '14
ace-PBS
U,S,Department of Housing and Urban Development
Pacific/Hawaii Office
ty,6nr dF - - 460 Golden Gate Avenue
San Francisco,California 94102-3448
a
Mr. Richard Martinez xJJ�
Executive Director
Contra Costa County Housing Authority MW19 19a
P. 0. Box 2759
Martinez, CA 94553
Dear Mr. Martinez:
SUBJECT: Amendment to Annual Contributions Contract
Designated. Housing Allocation Plan
Increment Number CA0110E0061
Enclosed is the subject contract and documentation necessary
to effect its execution. Please adopt a resolution and prepare
the various documents exactly as set forth in the Instruction
Sheet . Upon execution by HUD, a fully executed copy', will be sent
to you.
Section 8 certificate budget authority in the amount of
$2, 970, 944 has been obligated for increment number CA0110E0061 .
This new funding increment is to assist persons with', disabilities
in support of designated housing allocation plans in accordance
with the notice of funding availability that was published in the
Federal Register on October 30, 1996 . Since the allocation plan
was approved, it enables persons with disabilities to rent
affordable private housing of their choice. This funding does
not include a preliminary fee since these fees were eliminated by
the FY 97 Appropriation Act . Funds should be distributed as
indicated on the attached fund reservation worksheet'. The term
of the contract is for two years .
Please incorporate this increment into your next budget
revision or year-end settlement, whichever is done first. The
annual contribution should reflect the increased contract
authority of this increment. These funds cannot be drawn upon
until the ACC is executed by both the housing authority and HUD.
Please return the contract and documentation to the Office
of Public Housing, Management Division.
Should you have any questions concerning the contract,
please contact Claire Garcia of my staff at (415) 436-8388 .
Very sincerely yours,
s�
Thomas M. Vitek
Director
Management Division
Enclosures
..... ..... ...... ......
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U.s. DEPARTMENT OF HOUSING AND URBAN D&ELOPMENT-RENTAL ASSISTANCE QWWN
Nlrw INCRENEN'T FUMING WORKSHEET FOR THR SECTION 6 PROGRAM-RLmSBD: OCT17B»22,194i.
(2-YEAR BUDGET AUTHO"
PROCRAM: CERTIFICATES
HOUSWO AUTHORITY. CONTRA COSTA COUNTY (CA011) PROGRAM SIZE: 4.9118
FMR AREA: tOAKDALE,CA PMs^ FMR AMON.F<cE: A: 63.13
PURPOSE: ALLOCATION!PLAN •: 56,93
UNIT OWROOM StU 0 BRlEFF 1 OR 2 9R 3 8R 4 OR 5 OR 6 8R TOTAL
1.FAIR MARKET TRENT 0 647 812 11113 0 0 0 <
2.95%OF FAIR MARKET RENT 0 819 771 1,057 0 0 0
3.AVERAGE TANANT PAYMENT 0 1311 224 296 0 0 0
4.FIRST YEAR HAP
((Ljy 2-LN 3)x 12) 0 5.748 6,564 9.132 0 0 0
5. AVERAGE ANNUAL MAP
(LN 4 X 1.08) 0 61093 6.958 9,880 0 0
6.FMR ADMIN FEE tot 707 707 707 raj 707 707
7,MRO-TO+tOUsC FEE 9 9 9 9 a 9
8.TOTAL ADMIN FEE
(LN 6 t LN 7) 716 716 716 716 716 71S 716 ..
9.UNIT DISTRIBUTION 0 124 60 20 0 0 0 20d
10.CONTRACTAUT,40RITY
((LN 5+LN 8)X LN 9) 0 817.094 400,450 207,923 0 D 0 1,485,472
11.BUDGET AUTHORITY • •" �,. ..
(LN 14 X2)
Eileen T•Davis CONTRA COSTA(ALLOC.2YRS),xls 2117198
ConsoWsted Annual US.001111110110"Ift of"ousme
sed UAM Owd"Pleft
Contributions Contract office of Public MW VWUR Mousing
Rental Certificate Program
and Rental Vouch dr Program Sectwnw I
Uble of Sections page page
1. Definitions . ...... . ... ... ... . . . .. .. ... . 1 12. Administrative fee Reserve .. .. ... . . .. . .. . . . . . . 3
2. fwA*V for 14A CWtiIiCSf*Of VOWhGf PfOWSM. . .. . . . 2 13. Dep"uwy. . .. . ... .. .. . .. . . . . . . . . . . . . . . . 3
3. Term . . . .. . . . . . . ... . .. . . . . . .. . . . .. . .. . . . . 2 14. Program Records . . . . . . . .. . . . .. . .. . . . . . . . .3
4, HUD PsynUMIS for Program .. . . .. . . . . . . . . . . . . . . . 2 15. Default by HA. ... ...... .... . . . . . . . ... . . . . . .3
S. Maximum PRY""Is(Or PV`OW#M.. .. .. .... ... . .... 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
$ Separate ACC for FWX&V WnWwnt. . . ...... . . . . . . 2 19. Interest Of Member of of Delegate to Congress . . . . . .4
9. Budget WHO RIR"tiOn for Payment. . .. . . . . . . . . . . . . 2 20, Exclusion of Third Party Rights . . . . . . . . . . . . . . . . . .4
M HUD Requirements . .. . . . . . . . . . . . . . . . .. . . . . . . 1 3 21. Consoklefird ACC.. . .. . . . . . . . . . . . . . . . . 4
11. Use of Program Receipts . . . . . . . . . . . . . . . . . . . . . . . 3
1. Oefinitions
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 ftesiarvir Account. An account established by HUD for prograni. There are separate funding exhibits for the HA
a program from mviourits by which the triarrimium payment m0ficate,program,arx!voucher program.
to the MA under go consolidated ACC(during an HA rw*
"ad exceeds the smount actually"proved and paid. This Funding E~ A. The funding exhibit for the MA
account is used as the source of additional payments for the certificate program.
program.
Funding Exhibit 8. The funding exhibit for the HA voucher
Annual Contdbudons Contract. The contract for each program.
HUD's commitment to make payments
for each ko%*V increment Vproject'l listed in the funding FwWkw Iricniment (also called a *Prqject*). Each
exhibit const""s a severme:ACC. commitment of budget authority by HUD to the HA for a
program under the consolidated ACC. The funding
&WW Authority. The maxw%an amount of funds available kwor"nU for the program are listed in the program funding
for fjoymern to the HA over the tem of & funding exhibit.
increment. &Wget authority is authorized and appropriated
by the Congress. HA. Housing agency.
ConseNdAW A"md Ceradbollons Contnwt ftonsalidawd Newel" A#W4V OW. The agency that has entered this
ACQ. The consolidated ceiVact for the 14A certiftate consolidetod ACC with HUD.
Program&W voucher VOVWft- Htws commiwasm to Make,
payments for each kouIng incrommt in a. progratri HUD. U.S.Deww"aw of Housing and Urban Development
con saik%as a topjouit ACC. Howew.comm"ittow4s for 44
Via funding owmvwft we listed in On consolida"d ACC. fie.. The"A 441flificatill~am or voucher program.
Comirect Audwoft.4"w noxitrtion arrivial pavw4w"by HUD Fftm Expandkwas. Amounts which may be charge
to Via HA for&fui%&*kwowwwoo. The amount of contract against prqWsm receipts in accordance with it,
authority for each tundift kwwnew in a program is listed in consobIlated ACC MW HUD requitemorru.
the(undine ex with for the Vrovar".
Fee" Asselpts. AnWaRts Paid by HW) to the MA for
Mod Yew. The MA Gast Vow. Tho jur waig*xh&t states program. arid any SOW SMWM IVC&v" by the HA
the last I low-a"d"ON"M^fit M"W. P,a I I "W"%VM:#*0"O"M.
trtefact. A turd ne'"ICrwatertt IN 00~am.
form IM425" It 1
13.Depositary
10. HUD Requirements
owners to (a) Urians otherwisa required or permitted by HUD. all
The HA must comply. and must require
Housing Act program receipts must be promptty deposited with a
comply,with the requirements of the pufinancial mS
al institution selected as deitary by the HA in
of 1937 and ail regulationsU.S-U.S d of llet in accordance with HUD requirtmtrtax_
requirements.including any atttertdments or t:lant!
the law or HUD requirements. 4b! Ttilt " t enter an agreemtx'^< with the depositary
(b) The. HA must Comply
with its HUD-approved institution in the form required by iWD.
administralive plan,e(uai opportunity housing plan-and
HUD-approved program funding spglications. (c) The HA may only withdraw deposited program receipts
for use in Connection with the prpQtam in accordance
Icl The HA must use the Program forms required by HUD. with HUD requirements.
(d) The HA must proceed expeditiously with the programs (d) The agreement with the depositary institution must
provide that if required under a written notice from HUD
under this consolidated ACC. to ft depositary:
(i) The depositary must not permit any withdrawal of
}i. Use of Program Receipts deposited funds by the HA unless withdrawals by
the HA are expressly authorized by written notice
(a! The HA must use program reeerpts to provide decent. from HUD to the depositary.
safe, and sanitary housing for eligible families in must permit withdrawal; rt
compliance with the U.S. Housing Act of 1937 and all (2) The depositary
HUD requirements. Program receipts.may only
be used deposited funds by HUD.
to pay program expenditures. lel if approved by HUD, the HA may deposit under the
sm expenditures, ex- depositary agreement monies received or held by the
lb! The HA must not make any program HA in connection with any contract between the HA
cept in accordance with the HUD-approved budget esti- and HUD.
mate and supporting data for a program.
(c) interest on the investment of program receipts 14. Program Records
constitutes program receipts. la) The HA must maintain complete and accurate books of
receipts in excess of Current account and records for a program. The books and
Ed} n required by HUD,programrecords must be in accordance with HUD requirements,
needs must be promptly remitted to HUD or must be and must permit a speedy and effective audit.
invested in accordance with HUD requirements.
1 t. Administrative Fee Reserve (b) The HA must furnish HUD such financial and program
reports. records. statements. and documentsbat such
times, in such form. and accompanied
ta) The HA must maintain an administrative tee reserve for supporting data as ttquktd by HUD•
a program. The HA must credit to the adm"sttsbve
fee reserve the total of:
(1) The amount by which program admutrsttative lets (Cl HUD and the Cpmptr� presseenntativei must haveUnited tes
fut
of their duly ss authorized HA offices and facilities. and t,
paid by HUD for a fiscal Year exceed HA adrriirti• and fire access to all
strative expenses for
the fiscal year.lulus ON the books. dorar"Wats, and records of the Ht
(2) interest earned on the adriwostrative fee reserve. rekvsnt to admk4stratiott of tfte prpgram,including th,
t to a"t and to make copies.
tot The HA must use funds in test administrative foe ^flh
reserve to pay administrative expenses in excess ofdj The HA tit antiage and pay an independent publi
program receipts. if any lands remain in the { accountant to eondtrct audits that are requited by HUD
administrative fee reserve. the HA may uie due The Cast of audits required by HUD may be chatge
administrative reserve funds tot other housing purposes
It permitted by state and local law,
against program teceipts.
(c3 if the HA is not adequately adminestenng any Section 8 is. Default by HA
program let accordance wilt HUD reQuirements. HUD tall Upon written notice to dot HA. HUD may to
may: rpp said I of an our arw NA`PrOW01Y,rtgf�•of interes
{t) Direct due HA to use due funds to imil"WO adrttini• In"rridt a f0 ems kK%O q funds held by
suasion of vie Sebleiat >f pragr of fair ' . rya, roceipm. and +rights or inure,
butsement of inetigib4 expenses.
421 f►rtthibit HA use of adreti*904 iivt fat rasarve Milds. fo>trn fiilD S2S20 {t t!�
htNr#st i
o. HUD Requirements 13.Depositary
(it The HA must comply, and must require owners to tat Unless otherwise: required or petinitted by HUD. all
comply, with the requirements of It*U.S.Housing Act program receipts must be promptly deposited with a
of tS37 and ag HUD regulations and other financial institution selected as depositary by the HA in
regW8111 tenet.irnclu#AV any arnen*Mnts Of Ch4r4 es in accordance with HUD requirements.
the law or HUD requirements.
tbt The;,HA must+en#er 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. Pct The HA may orgy withdraw deposited program receipts
for use in Connection with the Program in accordance
I+ct The HA must use the program forms required by HUD. with HUD requirements.
Idl The HA must proceed expeditiously with the Programs (d) The agreement with the depositary institution must
under this consolidated ACC. provide that it required under a written notice from HUD
to the depositary:
Use of Program Receipts ill The depositary must not permit any withdrawal of
deposited funds by the HA unless withdrawals by
tal The HA must use program receipts to provide decent, the HA art 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 withdrawal; nr
HUD requirements. Program receipts.may orgy be used deposited funds by HUD.
to pay program expenditures..
lel It approved by HUD. the HA may deposit under the
Ibi 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.
1ct Interest on the investment of program receipts 14. Program Records
constitutes program receipts.
tat The HA must maintain complete and accurate books of
ldl it required by HUD,program receipts in excess of current account and records for a program. The books and
needs must be promptfy `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 obi The HA must fury" HUD such financial and program
reports, records, statements. and documents at such
lac The HA must maintain an administrative tee 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.
tet reserve the total of:
(I I The amount by which program administrative fees Pct HUD and the Comptrokir General of the United States,
Paid by MUD for a fiscal year exceed HA admini• or 'duel►duly tuthor+sed representatives. Must have full
stestivit expenses for this liscat year.plus and free arccm to all HA, offices and facilities. and to
(2) Interest earned an the adtriwmistrative tee reserve. alt Ilse books. docuttlonts. and records of the HA
relevant to,m0nit"Watitn of the program.including the
Ibl The HA must use funds in the administrative fee right to a"tand to malut copies.
reserve to pay administrative expenses in excess of
Program receipts. If any funds remain in the 1141 The HA mu#t engage and pay an independent public
administrative fee reserve, the Hak may use the aICCd NOUnt to t:cr+dut t audits that are required by HUD
administrative reserve funds for other housing purposes The cost of sudits required by HUD may be chargee
it permitted by State and local taw. against program receipts.
tcf If the HA is not adequately administering any Section d is. Default by HA
Program in accordance with MW requinrmMtte. !'PUD
may: tat Upon vmttsn nGWA to the HA. HUD may Pak
V I Direct the HA to use the fundis to impovrt adn6j. poseetrsian of at sr my HA*woPety.rights.at interesr
swation of time Senium a f ifo ram or for reins in+carr n w4kh a ►.incJtedirg funds hold by
tnustment of ingiigibilf tapftrtneefl. . e NOWSM Ncei0ft, and rights or tntewes�
1121 Prohibit HA use of ads titviserilb"fee reservte funds.
Perp 3 at s form HUD US-2-0 (t t f9:
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 COnlf-W for housing
under this consolidated ACC;or assistance payments to which this person!.,-.a party.
f21 The HA has failed to comply with obligations under
a contract for hawing assistance payments with an ' (dl The provisions of this section do not <*y to the
owner, or has failed to take appropriate action, to depositary agreement, or to utility service #x which the
HUD's satisfaction or as directed by HUD. for rates are fixed or controlled by a goverrtmer<laf 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 shalt be
payments,or recovery of overpayments),or admitted to any share or part of this consolidated ACC or to
(31 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
1b) HUD's exercise or nonexercise of any right of 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 1b1 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
(a1 The consolidated ACC is s 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 lbi This consolidated ACC supersedes any previous annual
status. contributions contract for a program. Matters (elating
to funding or operation of the program under a previous
18. Conflict of l merest Provisions annual contributions contract are governed by this
consolidated ACC.
lal 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 of indirect, during tenure
or for one year thereafter:
01 Any present or tamer member or officer of the HA
(except a tenant commissioner).
121 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.
tc) 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
Peg*4 of s form HU0 52520 (11/931
United States of America Secretary of Housing and Urban Development
Signature of Authorized fi*pra iontauve: Date Signed
x
Nat"» i Official Title: (print or typal
Joyce L. Lee , Acting Director , Office of Public
Housing , San Francisco
Mousing Agency Nam&of Agency: (print or typo►
Mousing Authority of the County of Contra Costa
Signature of Authorized Representative: ' Elate signed.
x €
Nam*i Official Title: 1pr ar type► !
6�
I
Jim Rogers, Chair
forret MUD-S2520 11 11931
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4111d UI%w Devekow"
Contributions Cwtrwt Office of Public and k4an Housing
Rental Certificate Program
and Rental VoUdW PrOWOM seed"I
Table of Sections page page
1. Ow"tions ........... ... .. . . . . . .. . . . .. 1 12. Administrative F**Reserve . . . . . . . . .. ..... . . . . . 3
2. Funding for HA Certificate Of Voucher Program.. . . . . . 2 13. Depositary. . . . . . . . . .. . . . . . I . . . . ... . . . I . . . 3
3, Term... ... . .. .. ...... . .. . . . . . . . .. . .. . . . . . 2 14. Program Records' .. . . . . . . .. . . . . . .. .. . . . . . . .3
4. 14UD Payments for Program . . . . . . . . . . . . . . . . . . . . . 2 15, Default by 14A. .. . . . . . . . ... .. .. . . . .. . . . . . . . .3
S. maximum ftrvwnts for Program. . . .. . .. .. . .. ..... 2 16. FW*ktv$and Coverage. . . . ... .. . .. .. . . . . . . . . . 4
6. Reduction of Amount P%Y4W by HUD. . . . ...... .... 2 17. Exclusion from Program . . . . . . . . 4
7. ACC Resorvit Account.. . . . . .. . . . . . . .. . .. . .. . . . 2 18. Conflict of Interest Provisions . . . . . . . . . . . . . . 4
6, Separate ACC for Funding increment. .. . . . . . .. . .. . . 2 19. interest of Member of or Delegate to Congress . . . . . .4
9. &MWt NW Requisition for Payment. . . . .. . . . . . . . . . . 2 20. Exclusion of Third Party Rights . . . . . . . . . . . . . . 4
10.HUD Pequitoments ... . . . . . . . . . . . . . . . . . . . . . . . . 3 21. Consolidated ACC. . . . . I . . ... . . . . . . . . . . . . . . . . . 4
11- Use of Program Aectiots . . . . . . . . . . . . . . . . . . . . . . 3
1. Definitions
ACC. Annual contributions contract. Funding Exhibit. An exhibit to the consolidated ACC. The
funding exhibit states the amount and term of fun" for a
ACC Resairvii Atcowst. An account established by HUD for program. There N# separate funding exhibits for the HA
a $WOFWn from amounts by which on ""Xinvirn pavenent certificate program and voucher Program.
to the HA under the consolidated ACC(during an NA fiscal
year}oxcea*the smount actually approved and pod. This Foid g Exhibit A. The funding exhibit for the HA
account is wed as the swam of additional payments for the certificate Orogram.
$WOWN"-
Funding Exhibit B. The funding exhibit for the HA voucher
Annual ComaloAkits Comma. The contract for each program.
fundingIncronent. HUD's commitment to make payments
for each funding kwament (*jw*#ect*j listed in the funding Fwidift kwwasw Isis* called a `Project`}. Each
exhibit consbtuW a separate ACC commitment of budget wAhority by HUD to the HA for a
program under the consdfidoted ACC. The funding
Sudget Authority. The maximurn amount of funds available irwWrierift for the orograin are listed in the program funding
for payment to the HA over the tetra of a fund" exhibit.
increment, budget authority is authorized and appropriated
by the Congress. HA. Housing agency.
ConsoNdst" Aftwel Coate Mkokow Contract kansoMated "Geal" Agway OW. The agency that has entered this
ACC). The consofidated contract for the HA certificate consoadated ACC with HUD.
wwarn Ow voucher program. I*)w*commitment to mom
o4vmants for each 6xvAng linctutent in a, program "W. U.S.Dgpw*rent of Housing and Urban Development.
constitutes a separate AGC. I Oowevw committrAnts for all
the funding invemants we fisted in this consofidated ACC. P opw . The NA certificate IWOW&M Or voucher 0WOWsm
Comma AiwMasity.4rft awsarnum annual oawtwtt by HUD plepwi E%p@rA*wp@a. Amounts vAkich may be charget
to the NA for*fundine kwoment. The amount of contract against program, receipts in aceMilance with the
authority for each fund ii g increment in a popat isMisted in cons*Wat*d ACC and HUD r*Quit"w4$-
Ow funding exhibit for the program.
ple"I fteek". Amounts 0"by HUD to Ow MA for
Plead Vow. The MA Ascal yw. The Ou i,-a p S exhibit SUNS program. &W any other SMOMIS received by the HA
OW test mo OW d"of Ow 0"a"VOW.
Project. A ko di I 'M N 11 for OW~4011.
I of S fatten MM42520 (fit
...
_ 13.Depositary
lo. HUD Regtrirefnents permitted by HUD, all
(sl Unless
othttth�tise required or
and must require owners to ted with a
('t) The HA must comPlY• stn receipts must be promptly deposited the HA in
comply,with the rtgwrts of the U.S.Housing Act a�hinc�isi ifhSlittllttlfl selected as depositary by
et 1937 and all HUD regulations s and other iccardarice�HUD fequirWWWAs..
inc�ltadlrq smf aradf'hdrnttnts a tis lfl
requirements. t vAth the depositary
the Iaw or HUD requirements. (b) The KA must titter an agreement
with its HUD.approved institution to the form required by WM,
Ib} thq HA must cortuAlY deposited program receipts
admity housing Plan.and (c) The HA may only withdraw
HUD.histr ove plan.program
f�inng t*catiOns. am in accordance
NUD•approved grog for tele in connection with the progr
with HUD reguirements.
(c( The HA must use the program forms required by"UD'
The agreement with the depositary institution must
(dl the HA must proceed expeditiously
ith the programs ldl
wprovide that if required undet a written notice (rOm HUD
under this consolidated ACC. to tht depositary
(1) The depositary must not per
any withdnswa! of
1, Use of program Receipts deposited funds by the HA unless withdrawals by
t i
Ovide decent, the HA are expressly authorised by written notice
(a) The HA must use program receipts EO pr from HUD to the depositary-
safe, and sanitary housing
for eligible families in (2) The depositary must permit withdrawjlc
compliance with the U.S. Housing Act of 1937 and all tit used deposited funds by HUD-
HUD requirements. Program receipts,may only HUD. the HA may deposit under the
to pay program expenditures. (e) If approved by
depositary agreement monies received or held by the
must not make any program expenditures, ex- HA in Connection with any contract between the HA
(b! The HA
sept in accordance with the HUD spprovtd budget esti- and HUD.
mate and supporting data for a farngram•
1c) Interest on
the investment of program receipts 1 a. Program Records
constitutes program receipts. (a) The Ha program,must maintain completerogram and accurate
tbooks bookand
account and records for
(d) If required by HUD•program receipts in excess of current
remitted to HUD a must be records must be in accordanceeeftectNe Dudr�uuemen s.
needs must be promptly and must permit a speedy
invested in accordance with HUD requirements. financial and program
lbl The HA must lwrish HUD such documenis at such
12. Administrative Fee Reserve reports. records. statemeran
d compa d by such
times. in such form. scud
u
ill The HA must maintain an adrrh,rrstrative fee restive spporting data as required by HUD•
par
a progra— The HA must credit to the admirwstrative troller General of the United States,
tee reserve the total of: HUD and the Comp
(l I The amount by which program administrative fees (cl or thew dIAY sutlho tepresentaaves. must have full
and Itee access to as fiA offices and IWAities. and tc
paid by HUD for a liscii Vast exceed HA admrlr• d record.: of true HP
strative expenses for the fiscal Year.plus so tete books• da�c� an
the
telwant to administration of the program.inctudutg
121
Interest tamed on the id,Rtiahistrative fora reserve- tNot tosirdar&-Ato make
copies'
(b! The HA must use funds in the administrative fee
es in excess of (dl The HA mat engage and pay an ondefrondenl pubh,
reserve to pay administrativeanyy funds remain in the ed by HUD
program receipts. It iiCtO1R►tint to
f:Crtd4lct audits that are required
The cost of audits required by HUD may be charge
adnh«lrsaative fee reserve, the HA msY U" the
administrative reserve funds for other housing purposes against program fecngpts.
rf permitted by State and local taw.
Default by HA
(c) It the HA is not adegvatelY adm'tvstenng any Sections t 5.
ordance with HUD regLownents HUO Writtan ratite to the ►• HUD may tat
program in scc fart Upon
MJ►VroportV-rights-or intteces
mar �loeaeaeiat d ail or any kIckodwo funds htfd by
I1 I Direct the HA to rase the funds to improve adtlwe in rtetrnet�tr�� fighis or ifild by
sirstion of Vee :action a program of for term- dapeeinry. WWjecaipft.
res
&n
of inel4ble expeasttes.
(2) Prohibit HA use of adrrhieistrative fee tese' form
teUOr52320 (t 1 f9
wMaa�tS
to. HUD Requirements 13. Depositary
izt The HA must comply. and trust require owners to Kat Unless otherwise required of permitted by HUD. all
comply, with the requirements of the U.S.Hartong Act program receipts must be promptly deposited with a
of 1937 *W all HUO regulations and other financial institution tltdected as depositary by the HA in
requirements.inducing any amendmtnts or changes in atseordence with HW requirements.
the taw or HUD requirements.
(bt The„HA must enter an agreement with the depositary
(b) The HA must comply with its HUD-approved institution in the form required by HULL.
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 farms required by HUD. with HUD tequiram*nts.
(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 Irom HUD
to the depositary..
l t. Use of Program Receipts {Il 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 ;r
HUD requirements. Program receipts,may only be used deposited funds by HUD.
to pay program expenditures.
tel It approved by HUD. the HA may deposit under the
(bi 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 an the investment of program receipts 14. Program Records
constitutes program receipts.
(a) The HA must maintain complete and accurate books of
(dl 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 turnish HUD such financial and program
reports, records, statements. and documents at such
(ori 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.
tee reserve the total of;
(t I The amount by which program administrative fees (c) HUD and the Comptroller General of the United States,
paid by HUD for a facto year exceed HA adrnini• or their duty authorized representatives.must have full
stiative expenses for the fiscat year.plus and free access to alt HA offices and faciltues. and to
(2) interest earned an the administrative tent reserve. all the books. daicme*Wnts. and records of the HA
' relevant to adntifrlttrslim of the program.including the
(til The HA must use funds in the administrative fee right to lith and to make copies.
reserve to pay administrative expenses in excess of
program receipts. It any funds remain in the (d1 The HA mutt engage and pay an independent public
administrative fee reserve, the HA may use the accountant to conduct&"ts that are required by HUD.
administrative reserve funds tot other housing purposes The cost of sudig required by HUD may be charged
.f permitted by State and lanai taw. against program"hMpts.
(cl it the HA is not adequately administering any Section S t S. Default by HA
program in accordance with HUD tCquiremants. HUD
may. 40 upon written notice to the HA. HUD may take
01 Direct the HA to use the haws to imp►awe itdj6ui. poeimssiew of 84 lir aey}tA oopeety.eights.or intorests
strabon of the Station a pia Wn or for etum- in aonelrrctfont t,u(Ift I P1008rnn.itKk dkW hinds heldby a
bursenment of inefigibte expenses. • P"'Ps'- + . and rights or interests
121 Prohibit HA use,of adaWnimoswe lie restive he de.
tragi a ret s form HUO-62520 f 11193)
payments with functions with respect to a contract for housing
under a contract for ermines assistance paY assistance payments executed,or to be executed, on his
an owner,it HUs determines seri-
The HA has failed to comply with any obligations or her behalf, or with respect to a contract for housing
(1# assistance payments to which this person is a party.
under this consolidated ACC;Or
121 The HA has failed to comply with obligations under
a assistance payments with an' (d)The provisions of this section do not apply to the
contract for housing as
Owner, or has housed to sistailta appropriate action. to depositary agreement. or to utility service^ for which the
HUs,s satisfaction or as directed by HUD, for
rates are fixed of controlled by a govemma�ftal agency.
enforcement of the HA'S rights under All contract for
housing assistance payments (including requiring is•int@test Of a Member of or Delegate to Congress
actions by the owner to cure a default, termination,
Or reduction at housing assistance payments. No member of or delegate to ifs( Cong(esx of the United
terminations of the contract for housing assistance States
tdmi ted to America
y share ar part at f this consolidated ACC air tft wo
payments,or recovery of Overpayments):Of
tai 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 nonexercise of any right or remedy
under the consolidated ACC is not a waiver of HUD's (a) A family that ss eligible for housing assistance under
right to exercise that or any other right or remedy at his consolidated
the consolidated ed ACC Party
to or th
tnot a ird party
any time.
IN Nothing in the consolidated ACC shall be construed as
16 Fidelity Boric{ Coverage creating any right of any third party to enforce any
provision of this consolidated ACC, or to assert any
The NA must carry adequate fidelity bond coverage, as claim against HUD or the HA.
requ;red by HUD.Of its officers,agents, or employees hand
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 (b) This consolidated ACC supersedes any previous annual
in or be denied the benefit of a program because Of such contributions contract fat a program, Matters relating
status. to funding or operation of the program under a previous
annual contributions contract are governed by this
i a. Conflict of Interest Provisions consolidated ACC.
tat Neither the HA nor any of its contractors or their
subcontractor may enter into any contract.
subcontract, of 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 commissioner),
(2)Any employee of the HA who formulates policy of
who influences decisions with respect to a
program.
131 Any public official,member of a governing body.or
State at 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 at pfospective interest 10 fee HA
and HUs.
(c) The requirements of this section may be waived by
HUD for gaud tattas+e. No teem for whom a waiver is
granted shah be permitted to exercise respgnsib "'es or
Page 4 of S toren Ht10.52S20 f t 11931
...................................................... ................................................................................................
United Stales of America Secretary of Housing and Urban Development
Stgnatufa of Authorized Representative: 001*signed
X
Nuns&Official Title: (prent or typo)
Joyce L. Lee , Acting Director , Office of Public
Housing , San Francisco
Housing Agency Name of Agency: (print or type)
Housing Authority of the County of Contra Costa
Signature of Authorized Representative: Date signed
X
Name,&Official Taff( (print nt or iypol
V
Jim Rogers, Chair
form MUD-SMO (11193)
Pegs 5 of 5
............................................................................ ..............................................................................................
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