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Home My WebLink About940288.tiff RESOLUTION RE: APPROVE CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT AND CERTIFICATIONS FOR SECTION 8 VOUCHER PROGRAM WITH HUD AND AUTHORIZE CHAIRMAN TO SIGN ANY NECESSARY DOCUMENTS 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 Consolidated Annual Contributions Contract and Certifications for Section 8 Voucher Program between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Housing Authority, and the U.S. Department of Housing and Urban Development, with terms and conditions being as stated in said contract and certifications, and WHEREAS, after review, the Board deems it advisable to approve said contract and certifications, copies of which are 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 Consolidated Annual Contributions Contract and Certifications for Section 8 Voucher Program between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Housing Authority, and the U.S. Department of Housing and Urban Development be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said contract and certifications and any other necessary documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of March, A.D. , 1994. Llif�� BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk to the Board ink, /00 i 11 ,, H. Webster, C ai BY: YICPl/ i_�ld 04--, eputy Clerk to the Board Dal : Hall, Prq�T_APPROV S 0 FORM: `Z e i. tGe g Baxter 1 unty Attor y Constance L. Harbert • Barbara J. Kirkmey r 940288 ad: flit STAT2" it 1 i3 Consolidated Annual U.S. Department of Housing and Urban Development Contributions Contract Office of Public and Indian Housing Rental Certificate Program and Rental Voucher Program Section 8 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 . . . . 9. Budget and Requisition for Payment 2 20. Exclusion of Third Party Rights . . . 4 10. Depositary 3 21. Consolidated ACC 4 11. 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 a 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 increment. HUD's commitment to make payments for each funding increment ('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 on the program for payment to the HA over the term of a funding funding exhibit. increment. Budget authority is authorized and appropriated by the Congress. HA. Housing agency. Consolidated Annual Contributions Contract (consolidated Housing Agency (HA). The agency that has entered this ACC). This consolidated contract for the HA certificate consolidated ACC with HUD. program and voucher program. HUD's commitment to make paymentrefor each funding increment in a program HUD. U.S. Department of Housing and Urban Development. constitutef a separate ACC. However, commitments for all the funding ACC. çrements are listed in this consolidated Program. The HA certificate program or voucher program. ACC. y Program Expenditures. Amounts which may be charged Contract Auth6yty. The maximum annual payment by HUD against program receipts in accordance with the to the HA for a fyhding increment. The amount of contract consolidated ACC and HUD requirements. authority for each-funding increment in a program is listed in the funding exhibitor the program. Program Receipts. Amounts paid by HUD to the HA for a program, and any other amounts received•by the HA in Fiscal Year. The HA fiscal year. The funding exhibit states connection with the program. the last month and day of the HA fiscal year. Project. A funding increment for the program. Page 1 of 5 form HUD-59115285i • 2 Funding for HA Certificate or Voucher Program . reduce to an amount determined by HUD: The amount of the HUD payment for any funding (a) The funding increments in the HA certificate program or 11) increment. voucher program are listed in the funding exhibit for the The contract authority or budget authority for any program. (2) funding increment. (b) The amount of contract and budget authority for each (b) HUD must give HA written notice of the 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 (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. r. 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 (b) 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 9. Budget and Requisition for Payment accordance with HUD regulations and requirements. (a) Each fiscal year, the HA must submit to HUD and (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 for administration of the program. (b) The HA must requisition periodic payments on account lc) 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: (such as interest income) other than the HUD payment. (1) Housing assistance payments have been made in accordance with contracts in the form prescribed 5. Maximum Payments for Program by HUD and in accordance with HUD requirements; and (a) Annual limit Except for payments from the consolidated (2) Units have been inspected by the HA in accordance ACC reserve account, the HUD annual payments for a with HUD requirements. program during a fiscal year must not be more than the sum of the contract authority amounts for the funding (c) If HUD determines that payments by HUD to the HA for increments in the program. a fiscal year exceed the amount of the annual payment approved by HUD for the fiscal year, the excess must (b) Limit on Payments for Funding Increment The total be applied as determined by HUD. Such applications amount of payments for any funding increment over the determined by HUD may include, but are not limited to. increment term must not exceed budget authority for the application of the excess payment against the amount funding increment. of the annual payment for a subsequent fiscal year. The HA must take any actions required by HUD 6. Reduction of Amount Payable by HUD respecting the excess payment, and must, upon demand by HUD, promptly remit the excess payment to (a) If HUD determines that the HA has failed to comply with any obligations under the consolidated ACC, HUD may form HUD-52520 6/9 948 Page 2 of 5 02 8 f 10. HUD Requirements 13. Depositary (a) 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. Hewing 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 tents or changes in accordance With HUD requirements. the law or HUD requirements. (b) The HA 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. (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: lei tf approved by MUD, the HA may deposit under the (b) The HA must not make any program expenditures, ex- depositary agreement monies received or held by the cent 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 account and records for a ,program. The books and current needs must be promptly remind to MUD or records must be in accordance with HUD requirements, must be invested in accordance with -HUD and must permit a speedy and effective audit. 12. Administrative Fee Reserve lb) The HA must furnish HUD such financial and program reports, records, statements, and documents, at such (a) 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 admini- or their duly authorized representatives, must have full strative expenses for the fiscal year, plus and free access to alt HA offices and facilities, and to (2) Interest earned on the administrative fee reserve. all the boots, 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 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: (a) Upon written notice to the HA, HUD may take (1) Direct the HA to use the funds to improve admini- possession of all or any HA property, rights or interests stration of the Section 8 program or for mini- in connection with 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. Pepe 3 of 5 form HUD-51,402,714s • under a contract for housing assistance payments with behalf, or with respect to a contract for housing assis- an owner, if HUD determines that: tance payments to which this person is a party. (1) The HA has failed to comply with any obligations under this consolidated ACC; or (d) The provisions of this section do not apply to the (2) The HA has failed to comply with obligations under depositary agreement, or to utility service for which the a contract for housing assistance payments with an rates are fixed or controlled by a governmental agency. owner, or has failed to take appropriate action, to HUD's satisfaction or as directed by HUD, for 19. Interest of Member of or Delegate to Congress enforcement of the HA's rights under a contract for housing assistance payments (including requiring No member of or delegate to the Congress of the United States actions by the owner to cure a default, termination, of America or resident commissioner shall be admitted to any or reduction of housing assistance payments, share or part of this consolidated ACC or to any benefits which termination of the contract for housing assistance may arise from it. payments, or recovery of overpayments); or (2) The HA has made any misrepresentation to HUD of 20. Exclusion of Third Party Rights any material fact. la) A family that is eligible for housing assistance under (b) HUD's exercise or non-exercise of any right or remedy this consolidated ACC is not a party to or third party under the consolidated ACC is not a waiver of HUD's beneficiary of the consolidated ACC. right to exercise that or any other right or remedy at any time. (b) Nothing in the consolidated ACC shall be construed as creating any right of any third party to enforce any 16. Fidelity Bond Coverage provision of this consolidated ACC, or to assert any claim against HUD or the HA. The HA must carry adequate fidelity bond coverage, as required by HUD, of its officers, agents, or employees hand- 21. Consolidated ACC ling cash or authorized to sign checks or certify vouchers. (a) The consolidated ACC is a contract between HUD and 17. Exclusion from Program • the HA. Single-headed households, pregnant females, and recipients (b) This consolidated ACC supersedes any previous annual of public assistance may not be excluded from participation contributions contract for a program. Matters relating in or be denied the benefit of a program because of such to funding or operation of the program under a previous status. annual contributions contract are governed by this consolidated ACC. 18. Conflict of Interest Provisions (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: (1) Any present or former member or officer of the PHA (except a tenant commissioner). ' (2) Any employee of the HA who formulates policy or who influences decisions with respect to a (3) program. Any public official, member of a governing body, or State of local legislator who exercises functions or (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 functions with respect to a contract for housing assistance payments executed, or to be executed, on Page 4 of 5 form HUD-52520 (6193) 94©283 United States of America Se .ary of Housing and Urban Development Signature of AuthorizertRepresenative: Date signed: Xy V/��t.----)0 -- e7/41/447,..Name &epial Title: (print or type) tJohn Dibella Director, Office of Public Housing Housing Agency Name of Agency: (print or type) Weld County Housing Authority 03/28/94 Signature of Authorized Represenative: Date signed: X ('/ 8-u Name &Official Title: (print or type) 03/4 0/94 W. H. WEBSTER CHAIRMAN, WELD COUNTY BOARD OF COMMISSIONERS form HUD-52520 (6/93) Page 5 of 5 940285 SECTION 8 : CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT VOUCHER PROGRAM: FUNDING EXHIBIT B HOUSING AUTHORITY (HA) NAME: Housing Authority of Weld County HA TAX IDENTIFICATION NUMBER (TIN) :HA FISCAL YEAR END: 12/31 CACC NO:C0090V HUD PROJECT NO. SY ACCT FIRST DATE LAST DATE CONTRACT BUDGET CODE OF TERM OF TERM AUTHORITY AUTHORITY <<C006V090004 RR R 03/15/1988 03/14/1993 0 0 <<C006V090005 RR 0 05/26/1988 05/25/1993 0 0 * CO06V090006 RR 0 05/01/1989 04/30/1994 0 0 276 765 C006V090007 RR 0 12/01/1990 11/30/1995 55, 353 � CO06V090008 90 PVE 11/01/1990 10/31/1995 98 , 077 490 , 385 CO06V090009 RR 0 12/01/1991 11/30/1996 70, 506 352 , 530 C006V090010 92 PVE 12/01/1991 11/30/1996 106, 914 534 , 570 C006V090011 92 PVE 08/01/1992 07/31/1997 272 , 377 1, 361, 885 CO06V090012 93 PVE 03/01/1993 02/28/1998 35, 483 177 , 415 C006V090013 93 PVE 05/01/1993 04/30/1998 183 , 243 916 , 215 C006V090014 93 PVM 01/01/1994 12/31/1998 142 , 264 711, 320 * C006V090015 94 PVE 05/01/1994 04/30/1998 113 , 732 454 , 928 I e project expired * project changed since last printing DATE PREPARED: 02/18/1994 REPLACES FUNDING EXHIBIT DATED: / / Page 1 of 1 940288 re° klis:Csis WELD COUNTY HOUSING AUTHORITY PHONE(303)352-1551 P.O.O. Box Box A GREELEY.COLORADO 80632 COLORADO To: William H. Webster, Chairman From: Judy Griego, Director, Department of Social Services. Re: Approval of Annual Contributions Contract and Certific ion For Section 8 Voucher Program Date: March 23, 1994 As discussed at the work session of March 21st, attached for Board consideration is the replacement Annual Contributions Contract(ACC) for our Section 8 Voucher program. This contract provides replacement authority for Project Number C099-V090- 006 which expired April 30th of this year. The annual contract authority is $113,732 and will support twenty Section 8 Vouchers plus the administrative fee. Total contract authority for the program, encompassing Two Hundred and twenty three Section 8 Vouchers, is $1,077,949 for a twelve month period. In addition to the approval of the Annual Contributions Contract, HUD requires that we submit a signed Form HUD-50071, Certification for Contracts, Grants, Loan and Cooperative Agreements , along with a Disclosure of Lobbying Activity form. In the past we have had to submit the form with applications for new incremental units, however we have not had to submit it for replacement units. This requirement is a change from past HUD's past policies. Staff is recommending approval of the Annual Contributions Contract(ACC) and the Lobbying Certification and Lobbying Disclosure forms for Section 8 Voucher Project C099-V090-015. If you have any questions, please telephone me at 352-1551, Extension 6200. 940288 [ /i l ; /‘,/ ', Hello