HomeMy WebLinkAbout930249.tiff RESOLUTION
RE: APPROVE SECTION 8 CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT WITH HUD AND
AUTHORIZE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Section 8 Consolidated Annual
Contributions Contract between HUD and Weld County Housing Authority, with the
terms and conditions being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said
contract, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, ex-officio Housing Authority Board, that the Section 8
Consolidated Annual Contributions Contract between HUD and Weld County Housing
Authority be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 22nd day of March, A.D. , 1993.
BOARD OF COUNTY COMMISSIONERS
ATTEST: V2„ WEL COUNTY, COLORADO
Weld County Clerk to the Board (� ��/� tY��LU,_c
Constance L. Harbert, Chairman
�%�
BY: I /� 'WJ"�"�''" ` f
eputy Jerk to the Board HH ebster, Pr Tem
APPROVED AS TO FORM: W.
/
e�1..J .. Bax'
kJ County At orne Dale K. Hall
u41it I %� 1 z�
Barbara J. Kirkmeyer
930249
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41) DEPARTMENT OF SOCIAL SERVICES
P.O. 6
GREELEY,COLORADO 80632
lip
Administration and Public Assistance(303)352-1551
Child Support(303)352-6933
C Protective and Youth Service(303)352-1923 11 3850
Food Stamps(303)356-3850
• FAX(303)353-5215
COLORADO
TO: Constance L. Harbert, Chairman, Board of County
Commissioners
FROM: Judy Griego, Director, Department of Social Services
SUBJECT: SECTION 8 ANNUAL CONTRIBUTIONS CONTRACT f i�
DATE: March 16, 1993
As discussed at the Housing Authority Work Session of March 15, 1993,
attached for Board consideration is the Section 8 consolidated Annual
Contribution Contract (ACC) covering Project. CO99-VO9O-OO1 through 012.
This Annual Contributions Contract deletes the Contract Authority of Project
004 and replaces the authority with Project 012. Terms of the specific
projects are for a five year period.
The Annual Contributions Contract, in addition to providing the Contract
Authority, also outlines the responsibilities to the Housing Authority in the
administration of our Section 8 Voucher program.
Staff Is recommending your approval of the Annual Contributions Contract for
the Section 8 Voucher program.
If you have any questions, please telephone me at. 352-1551 ext. 6200.
9 C249
GI 1—
Consolidated u.s. Department of Houalna `�*i 3S (O7
and Urban Development
�J
An;nual-ContributionsCot act Office of Housing `j'�9�t-tattitO air
Housing Voucher Program
ACC Part I
Number: V I ACC Part I Number: DEN-2392-025-V
1.1. Definitions. be entered subsequently by HUD,upon written notice by HUD
A. ACC. As used in Part I of this CACC, "ACC" means the to the PHA.
Annual Contributions Contract for each project. As used in E. HUD may revise Exhibit I or Exhibit II at any dine, upon
Part II of this CACC,"ACC"means the CACC. written notice by HUD to the PHA, to remove a project for
B. CACC. Consolidated Annual Contributions Contract. which he ACC erm has expired
C. Contract Authority. The amount of contract authority for F. The initial ACC term for any project may be extended by
each project is listed in Exhibit I or Exhibit II of this CACC written agreement of the PHA and HUD.
Part I (subject to reduction in accordance with section 1.4.D
and section 23 of this CACC).
1.4. Annual Contribution.
D. Fiscal Year. The PHA Fiscal Year.
A. Payment. HUD shall pay the PHA annual contributions for
E. HUD. U.S.Department of Housing and Urban Development. the Program in accordance with HUD regulations
gulations and
F. PHA. Public-Housing Agency. requirements.
G. Program. The PHA's Housing Voucher Program under the B. Amount and Purpose of HUD Payments.
CACC. 1. The annual contribution for the Program during aFiscal
Year shall be the sum of the amounts paid for each of the
H. Program Expenditures. Amounts which may be charged projects in the program. Tne HUD annual contribution for the
against Program Receipts in accordance with the CACC and NM=shall be the amountapproved by HUD for each Fiscal
HUD requirements. Year to cover.
I. Program Receipts. Amounts paid by HUD to the PHA for the a. The amount of housing assistance payments by the
Housing Voucher Program,and any other amounts received by PHA_
the PHA in connection with the Program. b. The amount of PHA fees for Program
administration.
J. -Project. A funding increment for the Program. 2. The amount of the HUD annual contribution may be
reduced, as determined by HUD, by the amount of Program
Receipts(such as interest income)other than the HUD annual
1.2. Housing Voucher Program. contribution.
A. Projects in Program. The projects in the program are listed in C. Maximum Payments for Program.
Exhibit I and Exhibit II of this CACC Part I. (List all new 1. Annual Limit on Payments for Program. Except for
projects in CACC Exhibit II.) payments from the CACC reserve account as provided in
B. PHA Fiscal Year. The Fiscal Year for the Program shall be section 1.4.E of this CACC,the HUD annual contribution for a
the.12-month period ending December 31 of project under section 1.43 during the Fiscal Year shall not be
each calendar year. (Insert the day and month used as the more than the contract authority for the project. The amount of
Fiscal Year ending date for other section 8 assistance contract authority reserved for each project in the Program is
administered by the PHA under an ACC with HUD.) stated in Exhibit I and II of this CACC Part I (subje t to
reduction in accordance with section 1.4.D and section 2.3 of
this CACC).
1.3. Term. 2. Limit on Total Payments for Project During CACC
Term. The total of HUD payments under section 1.43 for a
A. The initial term of the ACC for each project shall be a term of project over the term of the CACC for the project(including
five years beginning on the effective date of the ACC for the any payments from the CACC reserve account as provided in
project. section 1.43, but nor including any payments under section
B. The first date and last date of the ACC term for each project is 1.4.F)shall not be more than five times the contract authority
stated in Exhibit I or Exhibit II. for the project.
C. The lust date of the ACC term for the project shall be a date as D. Reduction of Amount Payable. HUD may reduce the amount
determined by HUD. payable by HUD for any project or for the program,and may
reduce the amount of the contract authority for any project,by
D. If the first or last date of the ACC term for the project is not giving the PHA written notice of reduction in accordance with
entered before the CACC is signed by the PHA,the date may section 2.3 of this CACC. The notice by HUD may include a
form HUD-52520Z
1 page 1 oft pages 930249 ref. handbooks 7420.3&74(1P90)
revision of Exhibit I or II to state the reduction in the amount 1.5. CACI
of contract authority for a pn
E. CACC Reserve Account A CACC reserve account shall be A. The CAcd consists of this CACC Pan I (including Exhibits
established and maintained by HUD, in an amount as and i and the form ACC Part II prescribed by HUD for
Housing Certificate Program and the Housing Vouch(
determined by HUD. The CACC reserve account may be used Program,designated as form HUL?52520-E,and dated Januar
by HUD for payment of any portion of the payment approved 1990. These documents constitute the whole CACC for tt
by HUD under section 1.4.B for the Fiscal Year. Program.
F. Portability Procedures: Fees of Receiving PHA. In addition B. This CACC supersedes any previous Annual Contributior
to the maximum payments under section 1.4.C, including Contract for the projects or Program. Matters relating
payments from the CACC reserve account under section operation of the projects or Program under a previous Annu:
1.4.E,HUD may approve additional payments to the PHA for Contributions Contract shall be governed by this CACC.
the purpose of paying fees to another PHA acting as receiving
PHA in accordance with HUD portability procedures.
G. Separate ACC. HUD's commitment to make payments for
each project listed in Exhibit II shall constitute a separate
ACC.
Signatures: HOUSING AUTHORITY OF THE COUNTY OF WELD, COLORADO
Public Housing Agency Name❑(Public Housing Agency:
l� 6'/'�1j'a.. ",.?f elz*eie'` ,v,;,y" MARCH 22, 1993
Signature a Date signed: 03/24/93
by:
CONSTANCE L. HARBERT, CHAIRMAN
p Print or type the name and otfidat ode of signatory:J.ATTEST: � � 'wV j7 BY: : 'la Lc' .:� . ),i 40--..
DEPUTY CLERK TO BOARD
United States of America Secretary of Housing and Urban Development
Signature &Date signed:
by: John Dibella, Director, Office of Public Housing, Region VIII (Denver.
Print or type the name and office(title of signatory:
930249 •
page 2 of ,tpaaes form HUD-52520-
ACC Part I Number: DEN-2392-025-v
EXHIBIT I
Project Contract First Date Last Date
Number Authority of Term of Term
C099-17090-001 $ 64 , 651 11/21/85 11/20/90
C099-17090-002 $ 76, 792 12/10/86 12/09/91
CO99-V090-003 $235 ,445 08/14/87 08/13/92
- C099-17090-004 $ 36,443 03/15/88 03/14/93
C099-V090-005 $258, 921 05/26/88 05/25/93
CO99-V090-001 ($ 64 , 651) 11/21/85 11/20/90
C099-7090-002 ( $ 76, 792 ) 12/10/86 12/09/91
C099-17090-003 ( $235 ,445 ) 08/14/87 08/13/92
C099-17090-004 ($ 36 ,443 ) 03/15/88 03/14/93
Page 1 of 1 HUD 52520 D
930249
ACC Part I Number: DEN-2392-025-V
w
EXHIBIT II
Project Contract First Date Last Date
Number Authority of Term of Term
C099-V090-006 $ 94 , 737 05/01/89 04/30/94
C099-V090-007 $ 55, 353 12/01/90 11/30/95
C099-V090-009 $ 70,506 12/01/91 11/30/96
RENEWALS 86 x 0194
C099-V090-008 $ 98 , 077 11/01/90 10/31/95
C099-V090-010 $106 , 914 12/01/91 11/30/96
C099-V090-011 $272 ,377 08/01/92 07/31/97
C006-V090-012-93 $ 35 , 483 03/01/93 02/28/98
Page 1 of 1 HUD 52520 D
930249
Consolidated U.S. Department of Housing
and Urban Development 110°14:11%
Annual Contributions Co, act Office of Housing ,r
Housing Certificate Program and Housing Voucher Program
ACC Part II
2.1. HUD Requirements. B. The notice by HUD to the PHA shall state any reduction,
A. The PHA agrees to comply, and shall require owners to pursuant to section 2.3.A of the ACC, in the amount of the
comply, with the requirements of the U.S. Housing Act of annual contribution payable for any project or for the
1937 and all applicable HUD regulations and other Program, and shall state any reduction in the amount of
requirements, including any amendments or changes in the contract authority reserved by HUD for a project. The notice
Act or HUD requirements. may specify a revised unit distribution. HUD notice of
B. The PHA shall comply with its HUD-approved administrative reduction or revision shall constitute an amendment of the
ACC. However,HUD shall not reduce the amount of annual
plan, equal opportunity housing plan and HUD-approved
applications for he Programs. contribution payable by HUD for any project or for the
Program,and shall not reduce the amount of contract authority
C. The PHA shall use the forms required by HUD. reserved by HUD for a project, below the amount, as
D. The PHA shall proceed expeditiously with the Programs determined by HUD, necessary for dwelling units under
under this ACC. contracts for housing assistance payments with owners on the
date when the PHA receives the HUD notice.
2.2. Annual Contribution. 2.4. Use of Program Receipts.
A. The PHA shall submit to HUD each Fiscal Year an estimate of A. The PHA shall use Program Receipts to provide decent, safe
the annual contribution required for the Programs. The annual and sanitary housing for eligible families in compliance with
contribution estimate, and supporting data for the estimate, the U.S. Housing Act of 1937 and all HUD requirements.
shall be submitted at such time and in such form as HUD may Program Receipts may only be used to pay Program
require,and are subject to HUD approval and revision. Expenditures.
B. The PHA will requisition periodic payments on account of B. The PHA shall not make Pro
each annual contribution. The requisition shall be in the formany Expenditures except in
accordance with the annual contribution estimate and
prescribed by HUD. Each requisition shall include
certification by the PHA that supporting data for such estimate as approved by HUD.
1. Housing assistance payments have been made in C. The PHA shall maintain an Operating Reserve account that
accordance with contracts in the form prescribed by HUD and shall be credited with the amount by which the total of
in accordance with HUD requirements;and administrative fees earned and interest earned on the
2. Units have been inspected by the PHA in accordance Operating Reserve exceed PHA administrative expenses
with HUD requirements. during a Fiscal Year. In subsequent years,the PHA must use
C. If HUD determines that payments by HUD to the PHA for a funds in the Operating Reserve to pay administrative expenses
Fiscal Year exceed the amount of the annual contribution in excess of Program Receipts. Notwithstanding he
approved by HUD for the Fiscal Year, the excess shall be provisions of section 2.4.A, if there remain funds in the
applied as determined by HUD. Such applications determined Operating Reserve, the PHA may use such funds for other
by HUD may include,but are not limited to,application of the housing purposes consistent with State and local law.
excess payment against the amount of the annual contribution However, HUD may prohibit use of funds n the Operating
for a subsequent Fiscal Year. The PHA shall take any actions Reserve for other housing purposes if the PHA snot
required by HUD respecting the excess payment, and shall, adequately administering its Housing Certificate Program or
upon demand by HUD,promptly remit the excess payment to its Housing Voucher Program or has failed to comply with any
HUD of its obligations under the ACC.
2.3. Reduction in Annual Contribution 2.5. Books of Account and Records; Reports.
Payable by HUD. A. The PHA shall maintain complete and accurate books of
A. Upon written notice by HUD to the PHA,HUD may reduce to account and records for the Program. The books and records
an amount determined by HUD the amount of the annual shall be in accordance with HUD requirements, and shall
contribution for any permit a speedy and effective audit.
con
payable project or for the Program, and
may reduce to an amount determined by HUD the contract B. The PHA shall furnish HUD such financial, operating, and
authority reserved by HUD for any project included in the statistical reports,records,statements,and documents at such
Program, if HUD determines that the PHA has failed to times,in such form,and accompanied by such supporting data
comply with any obligations under the ACC. as required by HUD.
Page 1 of 3 form HUD-52520.E (1/90)
930249 ret. handbook 7420.3
C. HUD and the Comptroller Gener f the United States, or contract foi asing assistance a
their duly authorized representatives, shall have full and free payments mtC an owner, if
access to all PEA offices and facilities,and to all the books, HUD determines that:
documents,papers,and records of the PHA that are pertinent r- The PHA has failed to comply with any obligations
under this ACC,or
to operation and management of the Program, including the 2. The PHA has failed to comply with obligations under a
right to audit, and to make excerpts and transcripts from the contract for housing assistance payments with an owner, or
books and records. has failed to take appropriate action,to HUD's satisfaction or
D. The PHA shall be responsible for engaging and paying an as directed by HUD, for enforcement of the PHA's rights
under a contract for housing assistance payments (including
independent public accountant for the making of audits as
requiring actions by the owner to cure a default,termination or
required by HUD. The cost of audits required by HUD may be
reduction of housing assistance payments, termination of the
charged against Program Receipts,
contract for housing assistance payments, or recovery of
2.6. Depositary. overpayments),or
3. The PHA has made any misrepresentation to HUD of
A. The PHA shall enter into one or more agreements, which are any material fact.
collectively called the "Depositary Agreement", with HUD shall issue a notice to the PHA giving the PHA a
financial institutions which are selected as depositary by the reasonable opportunity to take corrective action before HUD
PHA, and whose accounts are insured by an agency of the takes possession of PHA property, rights or interests under
Federal Government. The Depositary Agreement shall be in this section 2.7.A.
the form prescribed by HUD and the PHA shall furnish to
B. If HUD has taken possession of PHA property, rights, or
HUD such copies of the Depositary Agreement as HUD may
require. interests under section 2.7A,HUD shall redeliver possession
of the property,rights or interests as constituted at the time of
B. All Program Receipts shall be promptly deposited with the the return when HUD is satisfied that all defaults have been
Depositary under the Depositary Agreement unless otherwise cured,and that the Program will thereafter be administered in
required or permitted by HUD. The PHA may withdraw accordance with this ACC.
Program Receipts subject to the Depositary Agreement only C. HUD's exercise or non-exercise of any right or remedy under
for use in connection with the Program in accordance with
the ACC shall not constitute a waiver of HUD's right to
HUD regulations or other requirements. No withdrawal shall exercise that or any other right or remedy at any time.
be made except in accordance with a voucher on file in the
office of the PHA stating in proper detail the purpose of the D. During the term of this ACC, HUD shall continue to pay
withdrawal, annual contributions for the purpose of making housing
assistance payments with respect to dwelling units under
C. As required by HUD, PHA funds in excess of current needs contracts with owners, entered into by the PHA in the form
shall be promptly remitted to HUD or shall be invested in prescribed by HUD and in accordance with HUD regulations
and other requirements. The housing assistance payments
accordance with HUD requirements. Interest on the
investment of Program Receipts shall constitute Program shall be made in accordance with the terms of such contracts.
Receipts.
D. The Depositary Agreement shall provide that the provisions of 2.8. Fidelity Bond Coverage.
the Depositary Agreement may not be terminated or changed The PHA shall carry adequate fidelity bond coverage, as
without written consent by HUD,and that if required under a required by HUD, of its officers, agents or employees
written notice from HUD to the Depositary,(1)the Depositary handling cash or authorized to sign checks or certify vouchers.
shall not permit any withdrawal by the PHA of funds held
under the Depositary Agreement unless withdrawals by the
PHA are expressly authorized by written notice from HUD to 2.9. Nondiscrimination in Housing.
the Depositary, and (2) the Depositary shall permit A. The PHA shall comply with the nondiscrimination
withdrawals of such funds by HUD. requirements of Title VI of the Civil Rights Act of 1964
Prohibiting discrimination based on race, color or national
E. If approved by HUD, the PHA may deposit under the
Depositary Agreement monies received or held by the PHA in origin and Executive Order 11063 with respect to those
provisions prohibiting discrimination based on religion or sex,
connection with any contract between the PHA and HUD.
and with implementing HUD regulations.
2.7. Default by PHA. B. The PHA shall comply with Title VIII of the Civil Rights Act
of 1968 which prohibits discrimination in the sale, rental or
A. Upon written notice to the PHA,HUD may take possession of financing of housing on the basis of race,color,religion,sex,
all or any PHA property,rights or interests in connection with handicap, familial status or national origin and with any
the Program, including funds held under the Depositary implementing regulations.
Agreement,Program Receipts,and rights or interests under a
C. The PHA shall comply with Section 504 of the Rehabilitation
Act of 1973, as amended, which prohibits discrimination
930249
Page 2 of 3 form HUD-52520-E
, against handicapped persons who we otherwise qualify to 2.12. Cooperation Equal Opportunity
'participate in the Program and, where applicable, the Age Compliance Reviews.
Discrimination Act of 1975, as amended, which prohibits
discrimination on the basis of age. The PHA shall cooperate with HUD in conducting
compliance reviews and complaint investigations pursuant to
D. Unwed parents, families with children born out of wedlock, applicable civil rights statutes,Executive Orders,and related
and recipients of public assistance shall not be excluded from rules and regulations.
participation in or be denied the benefit of the Program
because of such status.
2.13. Conflict of Interest Provisions.
2.10. Equal Employment Opportunity. A. Neither the PHA nor any of its contractors or their
subcontractors shall enter into any contract, subcontract, or
A. The PHA shall not discriminate against any employee or arrangement,in connection with the Program in which any of
applicant for employment because of race, color, creed, the following classes of persons has an interest, direct or
religion,sex,handicap or national origin. The PHA shall take indirect,during tenure or for one year thereafter:
affirmative action to ensure that applicants are employed,and 1. Any present or former member or officer of the PHA
that employees are treated during employment,without regard (except a tenant commissioner).
to race,color,creed,religion,sex,handicap or national origin. 2. Any employee of the PHA who formulates policy or
Such action shall include,but not be limited to,the following: who influences decisions with respect to the Program.
employment,upgrading,demotion,or transfer,recruitment or 3. Any public official, member of a governing body,or
recruitment advertising; layoff or termination;rates of pay or State or local legislator who exercises functions or
other forms of-compensation; and selection for training, responsibilities with respx.t to the Program.
including apprenticeship.
B. Any members of the classes described in paragraph A must
B. The PHA agrees to post in conspicuous places, available to disclose their interest or prospective interest to the PHA and
employees and applicants for employment, notices to be HUD,
provided by HUD setting forth the provisions of this
nondiscrimination clause. The PHA will in all solicitations or C. The requirements of section 2.13.A may be waived by HUD
advertisements for employees placed by or on behalf of the for good cause. No person to whom a waiver is granted shall
PHA state that all qualified applicants will receive be permitted(in the capacity as member of a class described in
consideration for employment without regard to race, color, section 2.13.A) to exercise responsibilities or functions with
creed, religion, sex, handicap or national origin. The PHA respect o a contract for housing assistance payments
will incorporate the foregoing requirements of this paragraph executed, or to be executed, on his or her behalf, or with
in all of its contracts for project work, except contracts for respect to a contract for housing assistance payments to which
standard commercial supplies or raw materials, and will this person is a party.
require all of its contractors for such work to incorporate such D. The provisions of section 2.13.A, section 2.13.B and section
requirements in all subcontracts for project work. 2.13.C shall not be applicable to the D!'j,usitary Agreement,or
to utility service the rates for which are fixed or controlled by
2.11. Training, Employment, and Contracting a governmental agency.
Opportunities for Business and Lower Income
Persons. 2.14. Interest of Member of or Delegate to Congress.
The PHA shall comply with Section 3 of the Housing and No member of or delegate to the Congress of the United States
Urban Development Act of 1968 and HUD regulations. To of America or resident commissioner shall be admitted to any
the greatest extent feasible, employment and training share or part of this ACC or to any benefits which may arise
opportunities in connection with planning and carrying out from it.
any project assisted under the Program shall be given to lower
income persons residing within the unit of Inc-al government
or the metropolitan area (or nonmetropolitan county), as 2.15. Exclusion of Third Party Rights.
determined by HUD, in which the project is located, and Nothing in the ACC shall be construed as creating any right of
contracts for work to be performed in connection with any any third party to enforce any provision of this ACC, or to
project shall be awarded to business firms which are located in assert any claim against HUD or the PHA under this ACC.
or owned in substantial part by persons residing in the same
metropolitan area(or nonmetropolitan county)as the project.
930249
Page 3 of 3 form HUD-52520-E
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