HomeMy WebLinkAbout931203.tiff RESOLUTION
RE: APPROVE CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT FOR HUD SECTION 8
VOUCHER PROGRAM 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 Consolidated Annual
Contributions Contract for HUD Section 8 Voucher Program between the Office of
Public and Indian Housing and the 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 Consolidated
Annual Contributions Contract for HUD Section 8 Voucher Program between the
Office of Public and Indian Housing and the 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 November, A.D. , 1993.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO ,
Weld County C er to the Board -,C A-�t�'�1 �/.L�..�.�c.-C
onstance L. H rbert, Chairman,c fi / ex)-2-94Y�thi i�"
By: Depu Deputy
Clerk -Co the Board c W. ebster, Pro-T
APPROVED AS TO FORM:
�//r��ge E/Baxte
ounty Attorney Dale K. Hall
EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
931203
Consolidated Annual U.S. Dapanment of Housing
and Urban Development
;antributions Contract Office of Pjblic and Indian Housing
'?ental Certificate Program
_ :d Rental Voucher Program Section 8
Table of Sections page page
.. Definitions 1 12. Administrative Fee Reserve 3
2. Funding for HA Certificate or Voucher Program . . . 2 13. Depositary 3
3. Term 2 14. Program Records 3
4. HUD Payments for Program 2 15. Default by HA 3
5. Maximum Payments for Program 2 16. Fidelity Bond Coverage 4
6. Reduction of Amount Payable by HUD 2 17. Exclusion from Program 4
7. ACC Reserve Account 2 18. Conflict of Interest Provisions 4
8. Separate ACC for Funding Increment 2 19. Interest of Member of or Delegate to Congress . . . . 4
9. Budget and Requisition for Payment 2 20. Exclusion of Third Party Rights . . . 4
10. Depositary 3 21. Consolidated ACC 4
'1. Use of Program Receipts 3
1. Definitions
ACC. Annual contributions contract. Funding Exhibit. An exhibit to the consolidated ACC. The
funding exhibit states the amount and term of funding for a
ACC Reserve Account. An account established by HUD for program. There are separate funding exhibits for the HA
a program from amounts by which the maximum payment certificate program and voucher program.
to the HA under the consolidated ACC (during a HA fiscal
year) exceeds the amount actually approved and paid. This Fundng 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 Fundng 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
payments for each funding increment in a program HUD. U.S. Department of Housing and Urban Development.
constitutes a separate ACC. However, commitments for all
the funding increments are listed in this consolidated Program. The HA certificate program or voucher program.
ACC.
Program Expenditures. Amounts which may be charged
Contract Authority. The maximum annual payment by HUD against program receipts in accordance with the
to the HA for a funding increment. The amount of contract consolidated ACC and HUD requirements.
authority for each funding increment in a program is listed in
the funding exhibit for 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 9312"3 form HUD-52520 16/93)
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 (1) 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.
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 a. 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
(c) The amount of the HUD payment may be reduced, as of each annual HUD payment. Each requisition must be
determined by HUD, by the amount of program receipts in the form prescribed by HUD:
(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
1a) 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 (6/93)
Page 2 of 5
9312'3
10. HUD Requirements 3. 0aposi•ary
(a) Tie HA must comply, and must require owners to la) I'.ilets urhervise required or permitted by HUD, ail
comply, with the requirements of the U.S. Housing Mt praaram receipts must be promptly deposited with a
of 1937 and all HUD regulations and other financial institution selected as depositary by tb e HA in
requirements, ''ncluding any amendments 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 (dl The agreement with the depositary institution must
under this consolidated ACC. provide that if required under a written notice from HUD
to the depositary:
11. Use of Program Receipts (1) The depositary must not permit any withdrawal of
deposited funds by the HA unless withdrawals by
(a) The HA must use program receipts to provide decent, the HA are expressly authorized by written notice
safe, and sanitary housing for eligible families in from HUD to the depositary.
compliance with the U.S. Housing Act of 1937 and all (2) The depositary must permit withdrawals of
HUD requirements. Program receipts may only be used deposited funds by HUD.
to pay program expenditures.
(e) If approved by HUD, the HA may deposit under the
(b) The HA must not make any program expenditures, ex- depositary agreement monies received or held by the
cept in accordance with the HUD-approved budget esti- HA in connection with any contract between the HA
mate and supporting data for a program. and HUD.
(c) Interest on the investment of program receipts 14. Program Records
constitutes program receipts.
(a) The HA must maintain complete and accurate books of
(dl If required by HUD, program receipts in excess of account and records for a program. The books and
current needs must be promptly remitted to HUD 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 (b) 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 all HA offices and facilities, and to
(2) Interest earned on the administrative fee reserve. all the books, documents and records of the HA
relevant to administration of the program, including the
(b) The HA must use funds in the administrative fee right to audit and to make copies.
reserve to pay administrative expenses in excess of
program receipts. If any funds remain in the (d) The HA must engage and pay an independent public
administrative fee reserve, the HA may use the accountant to conduct audits that are required by HUD.
administrative reserve funds for other housing purposes The cost of audits required by HUD may be charged
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 reim- 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.
Page 3 of 5 9,312' 3form HUD-52520 (6/93)
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.
(a) 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).
(24 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 (6/93)
9312°3
United States of America Secretary of Housing and Urban Development
Signature of Authorized Represenative: Date signed:
X
Name &Official Title: (print or type)
John Dibella
Director, Office of Public Housing
Housing Agency Name of Agency: (print or type)
Housing Authority of Weld County /1/4721q3
Signature of Authorized Represenative: Date signed:
4---12-- ---e_4" A..7)C.rile‘o,A
Name & Official Title: (print or type) "A
Constance L. Harbert, Chairman
LI ,Ili /
ATTEST: , G%/614(1✓7
_3 -..vIELD BY: / 1 41--" J/it_-tr/i>-=�
DEPUTY CLERK TO THE BOARS ,
form HUD-52520 (6/93)
Page 5 of 5
9J) 0'^'.7
retll
WELD COUNTY HOUSING AUTHORITY
PRONE(303)35&1551
P.O. Box A
GREELEY.COLORADO 80632
I
C.
COLORADO
To: Constance Harbert, Chairman a
From: Judy Griego, Director, Department of Social Services `
10
Re: Approval of Annual Contributions Contract
Date: November 17, 1993
As discussed with the Board in the Housing Authority work-session of November 15th,
the Annual Contributions Contract (ACC) which incorporates the additional twenty-
five Section 8 Vouchers has been received.
This contract provides authority for Project Number C099-V090-014. The annual
contract authority is $142,264 per year for a five year term and will support
housing subsidies paid out through the program as well as administrative costs.
Total contract authority for the program, encompassing two hundred and twenty three
Section 8 Vouchers, is $991,796 for a twelve month period.
Staff is recommending approval of the Annual Contributions Contract(ACC) for the
Section 8 Voucher program.
If you have any questions, please telephone me at 352-1551, Extension 6200.
931203
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