HomeMy WebLinkAbout950885.tiffRESOLUTION
RE: APPROVE CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT FOR
CERTIFICATE AND VOUCHER PROGRAMS WITH U. S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT 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 the Rental Certificate Program and Rental 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, for a twelve month period, with further 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 the Rental Certificate Program and Rental 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 24th day of April, A.D., 1995.
Deputy Cler o the =oard
4.2
APED AS TO FORM:
ed ff.9�STA
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, C LORADO
Dale K. Hall, Chairman
arbare J. Kirkmeyer, Tem
-"f
Geeorg2'E. Baxter (-72(C/(17
Constance L. Harbert
FXCUSFF)
W. H. Webster
C
950885
HA0015
T
ConsolidatedAnnual
Contributions Contract
Rental Certificate Program
and Rental Voucher Program
U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing
ATTACHMENT 1
Section 8
Table of Sections
1. Definitions _ -=
2. Funding for HA Certificate'& Voucher Program
3. Term
4. HUD Payments for Program
5. Maximum Payments for Program
6. Reduction of Amount Payable by HUD
7. ACC Reserve Account
8. Separate ACC for Funding Increment
9. Budget and Requisition for Payment
page
1
2
2
2
2
2
2
2
2
10. HUD Requirements 3
11. Use of Program Receipts 3
page
12. Administrative Fee Reserve 3
13. Depositary 3
14. Program Records 3
15. Default by HA 3
16. Fidelity Bond Coverage 4
17. Exclusion from Program 4
18. Conflict of Interest Provisions 4
1 9. Interest of Member of or Delegate to Congress 4
20. Exclusion of Third Party Rights 4
21. Consolidated ACC 4
1. Definitions
ACC. Annual contributions contract.
ACC Reserve Account. An account established by HUD for
a program from amounts by which the maximum payment
to the HA under the consolidated ACC (during an HA fiscal
yearl exceeds the amount actually approved and paid. This
account is used as the source of additional payments for the
program.
Annual Contributions Contract. The contract f or each
funding increment. HUD's commitment to make payments
for each funding increment 1"project") listed in the funding
exhibit constitutes a separate ACC.
Budget Authority. The maximum amount of funds available
for payment to the HA over the term of a funding
increment. Budget authority is authorized and appropriated
by the Congress.
Consolidated Annual Contributions Contract (consolidated
ACC). The consolidated contract for the HA certificate
program and voucher program. HUD's commitment to make
payments for each funding increment in a program
constitutes a separate ACC. However, commitments for all
the funding increments are listed in this consolidated ACC.
Contract Authority. The maximum annual payment by HUD
to the HA for a funding increment. The amount of contract
authority for each funding increment in a program is listed in
the funding exhibit for the program.
Fiscal Year. The HA fiscal year. The funding exhibit states
the last montn and day of the HA fiscal year.
Funding Exhibit. An exhibit to the consolidated ACC. The
funding exhibit states the amount and term of funding for a
program. There are separate funding exhibits for the HA
certificate program and voucher program.
Funding Exhibit A. The funding exhibit for the HA
certificate program.
Funding Exhibit B. The funding exhibit for the HA voucher
program.
Funding Increment (also called a "Project"). Each
commitment of budget authority by HUD to the HA for a
program under the consolidated ACC. The funding
increments for the program are listed in the program funding
exhibit.
HA. Housing agency.
Housing Agency (HAI. The agency that has entered this
consolidated ACC with HUD.
HUD. U.S. Department of Housing and Urban Development.
Program. The HA certificate program or voucher program.
Program Expenditures. Amounts which may be charged
against program receipts in accordance with the
consolidated ACC and HUD requirements.
Program Receipts. Amounts paid by HUD to the HA for a
program, and any other amounts received by the HA en
connection with the program.
Project. A funding increment for the program
Page 1 of 5
form HUD -52520 '11../93'
2. Funding for HA Certificate or Voucher Program
(a) The funding increments in the HA certificate program or
voucher program are listed in the funding exhibit for the
program.
r
(b) The amount of contest and budget authority for each
funding increment inky`rogram is stated in the program
funding exhibit.
lc) By giving written notice to the HA, HUD may revise a
funding exhibit:
11) To add a cost amendment project.
(21 To remove a project for which the ACC term has
expired.
3. Term
Ial
(bl
The funding exhibit states the first date and last date of
the ACC term for each funding increment.
If the first or last date of the ACC term for a funding
increment is not entered before the consolidated ACC is
signed by the HA, HUD may enter the date
subsequently, by giving written notice to the HA
4. HUD Payments for Program
la) HUD will make payments to the HA for a program in
accordance with HUD regulations and requirements.
lb) For each HA fiscal year, HUD will pay the HA the
amount approved by HUD to cover:
III Housing assistance payments by the HA for a
program.
12) HA fees for administration of the program.
lc) The amount of the HUD payment may be reduced, as
determined by HUD, by the amount of program receipts
With as interest income) other than the HUD payment.
5. Maximum Payments for Program
(al Annual Limit Except for payments from the consolidated
ACC reserve account, the HUD annual payments for a
program during a fiscal year must not be more than the
sum of the contract authority amounts for the funding
increments in the program.
(bl Limit on Payments for Funding Increment The total
amount of payments for any funding increment over the
increment term must not exceed budget authority for the
funding increment.
6. Reduction of Amount Payable by HUD
tar If HUD determines that the HA has failed to comply with
any obligations under the consolidated ACC, MUD may
reduce to an amount determined by HUD:
(1) The amount of the HUD payment for any funding
increment.
(2) The contract authority or budget authority for any
funding increment.
(b) HUD must give HA written notice of the reduction.
lc) The HUD notice may include a revised funding exhibit
to state the reduction in the amount of contract
authority or budget authority for a funding increment.
The notice of a revised funding exhibit, or of revisions
to the funding exhibit for a program constitutes an
amendment of the consolidated ACC.
7. ACC Reserve Account
An ACC reserve account may be established and maintained
by HUD. The amount in the account is determined by HUD.
The ACC reserve account may be used by HUD to pay any
portion of the program payment approved by HUD tor a
fiscal year.
8. Separate ACC for Funding Increment
HUD's commitment to make payments for each, funding
increment ("project") listed in the funding exhibit constitutes
a separate ACC.
9. Budget and Requisition for Payment
lal Each fiscal year, the HA must submit to HUD an
estimate of the HUD payments for the program. The
estimate and supporting data must be submitted at
such time and in such form as HUD may require, and
are subject to HUD approval and revision.
Ibl The HA must requisition periodic payments on account
of each annual HUD payment. Each requisition must be
in the form prescribed by HUD. Each requisition must
include certification by the HA that:
11) Housing assistance payments have been made in
accordance with contracts in the form prescribed
by HUD and in accordance with HUD requirements;
and
(2) Units have been inspected by the HA in accordance
with HUD requirements.
lc)
If HUD determines that payments by HUD to the HA for
a fiscal year exceed the amount of the annual payment
approved by HUD for the fiscal year, the excess must
be applied as determined by HUD. Such applications
determined by HUD may include, but are not limited to,
application of the excess payment against the amount
of the annual payment for a subsequent fiscal year.
The HA must take any actions required by HUD
respecting the excess payment, and must, upon
demand by HUD, promptly remit the excess payment to
HUD.
Page 2 of 5
form HUD -52520 (11/931
13. Depositary
o. HUD Requirements
f
(a) 'The HA must comply, and must require owners to
comply, with the requirements of the U.S. Housing Act
of 1937 and all HUD regulations and other
requirements, including any- amendments or changes in
the law or HUD requirergBa_ •
lb) The HA must corn : with its HUD -approved
administrative plan, equal opportunity housing plan, and
HUD -approved program funding applications.
It) The HA must use the program forms required by HUD.
(dl The HA must proceed expeditiously with the programs
under this consolidated ACC.
11. Use of Program Receipts
(a) The HA must use program receipts to provide decent,
safe, and sanitary housing for eligible families in
compliance with the U.S. Housing Act of 1937 and all
HUD requirements. Program receipts may only be used
to pay program expenditures.
lb) The HA must not make any program expenditures, ex•
cept in accordance with the HUD -approved budget esti-
mate and supporting data for a program.
Ic) Interest on the investment of program receipts
constitutes program receipts.
Id) If required by HUD, program receipts in excess of current
needs must be promptly remitted to HUD or must be
invested in accordance with HUD requirements.
12. Administrative Fee Reserve
(a) The HA must maintain an administrative fee reserve for
a program. The HA must credit to the administrative
fee reserve the total of:
(1) The amount by which program administrative fees
paid by HUD for a fiscal year exceed HA admini-
strative expenses for the fiscal year, plus
(2) Interest earned on the administrative fee reserve.
IN The HA must use funds in the administrative fee
reserve to pay administrative expenses in excess of
program receipts. If any funds remain in the
administrative fee reserve, the HA may use the
administrative reserve funds for other housing purposes
if permitted by State and local law.
Ic) If the HA is not adequately administering any Section 8
program in accordance with HUD requirements, HUD
may:
(11 Direct the HA to use the funds to improve admini-
stration of the Section 8 program or for ream•
bursement of ineligible expenses.
(21 Prohibit HA use of administrative fee reserve funds.
(al Unless otherwise required or permitted by HUD, all
program receipts must be promptly deposited with a
financial institution selected as depositary by the HA in
accordance with HUD requirements.
(bl The HA must enter an agreement with the depositary
institution in the form required by HUD.
Ic) The HA may only withdraw deposited program receipts
for use in connection with the program in accordance
with HUD requirements.
(d) The agreement with the depositary institution must
provide that if required under a written notice from HUD
to the depositary:
(1) The depositary must not permit any withdrawal of
deposited funds by the HA unless withdrawals by
the HA are expressly authorized by written notice
from HUD to the depositary.
(21 The depositary must permit withdrawals of
deposited funds by HUD.
le) If approved by HUD, the HA may deposit under the
depositary agreement monies received or held by the
HA in connection with any contract between the HA
and HUD.
14. Program Records
lal The HA must maintain complete and accurate books of
account and records for a program. The books and
records must be in accordance with HUD requirements,
and must permit a speedy and effective audit.
(bl The HA must furnish HUD such financial and program
reports, records, statements, and documents at such
times, in such form, and accompanied by such
supporting data as required by HUD.
Ic) HUD and the Comptroller General of the United States,
or their duly authorized representatives, must have full
and free access to all HA offices and facilities, and to
all the books, documents, and records of the HA
relevant to administration of the program, including the
right to audit and to make copies.
(dl The HA must engage and pay an independent public
accountant to conduct audits that are required by HUD.
The cost of audits required by HUD may be charged
against program receipts.
15. Default by HA
(al Upon written notice to the HA, HUD may take
possession of all or any HA property, rights, or interests
in connection with a program, including funds held by a
depositary, program receipts, and rights or interests
Page 3 of 5 form HUD -52520 111:9331
under a contract for housing assistance payments with
an owner, if HUD determines that:
(1) The HA has failed to comply with any obligations
under this consolidated ACC; or
(2) The HA has failed to comply with obligations under
a contract for housin assistance payments with an
owner, or has faile&.wtzake appropriate action, to
HUD's satisfactionrir as directed by HUD, for
enforcement of the A's rights under a contract for
housing assistance payments (including requiring
actions by the owner to cure a default, termination,
or reduction of housing assistance payments,
termination of the contract for housing assistance
payments, or recovery of overpayments); or
(3) The HA has made any misrepresentation to HUD of
any material fact.
Ibl HUD's exercise or non -exercise of any right or remedy
under the consolidated ACC is not a waiver of HUD's
right to exercise that or any other right or remedy at
any time.
Fidelity Bond Coverage
The HA must carry adequate fidelity bond coverage, as
required by HUD, of its officers, agents, or employees hand-
ling cash or authorized to sign checks or certify vouchers.
17. Exclusion from Program
Single -headed households. pregnant females, and recipients
of public assistance may not be excluded from participation
in or be denied the benefit of a program because of sucn
status.
18. Conflict of Interest Provisions
la) 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 HA
(except a tenant commissioner).
(2) 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.
lb) Any member of these classes of persons must disclose
the member's interest or prospective interest to the HA
and HUD.
lc) 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 his,
or her behalf, or with respect to a contract for housing
assistance payments to which this person is a party.
(dl The provisions of this section do not apply to the
depositary agreement, or to utility service for which the
rates are fixed or controlled by a governmental agency.
19.Interest of a Member of or Delegate to Congress
No member of or delegate to the Congress of the United
States of America or resident commissioner shall be
admitted to any share or part of this consolidated ACC or to
any benefits which may arise from it.
20. Exclusion of Third Party Rights
la) A family that is eligible for housing assistance under
this consolidated ACC is not a party to or third party
beneficiary of the consolidated ACC.
(bl
Nothing in the consolidated ACC shall be construed as
creating any right of any third party to enforce any
provision of this consolidated ACC, or to assert any
claim against HUD or the HA.
21. Consolidated ACC
(a) The consolidated ACC is a contract between HUD and
the HA.
fbl
This consolidated ACC supersedes any previous annual
contributions contract for a program. Matters relating
to funding or operation of the program under a previous
annual contributions contract are governed by this
consolidated ACC.
Page 4 of 5 form HUD -52520 111/93)
States of America Secretary of Housing and Urban Development
Signature of Authorized Representative: Date signed:
5---73-r-- Sr
an16 & 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
Signature of Authorized Representative:
X`
Name & Official Title: (print or type)
Dale K. Hall, Chiarman
Weld County Board of Commissioners
Date signed:
4/24/95
Page 5 of 5
form HUD -52520 (11/93)
SECTION 8: CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT
CERTIFICATE PROGRAM: FUNDING EXHIBIT A
HOUSING AUTHORITY (HA) NAME: Housing Authority of Weld County
HA TAX IDENTIFICATION NUMBER (TIN): 84-6000813
HA FISCAL YEAR END: 12/31 CACC NO:CO090E
HUD
PROJECT NO. SY ACCT FIRST DATE LAST DATE CONTRACT
CODE OF TERM OF TERM AUTHORITY
BUDGET
AUTHORITY
* CO06E090001 RR
* CO06E090002 RR
* CO06E090003 RR
* C006E090004 74
* C006E090005 RR
* C006E090006 RR
project expired
O 08/01/1981
O 11/01/1982
O 12/01/1984
O 04/01/1986
O 01/01/1987
O 11/01/1987
DATE PREPARED: 04/12/1995
REPLACES FUNDING EXHIBIT DATED:
07/31/1996
10/31/1997
11/30/1999
03/31/2001
12/31/2001
10/31/2002
133,392
61,920
102,312
98,400
115,188
146,520
* project changed since last printing
/ /
2,000,880
1,032,464
1,534,680
1,476,000
1,727,820
2,197,800
Page 1 of 1
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): 84-6000813
HA FISCAL YEAR END: 12/31 CACC NO:00090V
HUD
PROJECT NO. SY ACCT FIRST DATE LAST DATE CONTRACT BUDGET
CODE OF TERM OF TERM AUTHORITY AUTHORITY
*«CO06V090006 RR 0 05/01/1989 04/30/1994 0 0
* C006V090007 RR 0 12/01/1990 11/30/1995 55,353 276,765
* 0006V090008 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
* CO06V090010 92 PVE 12/01/1991 11/30/1996 106,914 534,570
* CO06V090011 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
. project expired * project changed since last printing
DATE PREPARED: 04/12/1995
REPLACES FUNDING EXHIBIT DATED: / /
Page 1 of 1
COLORADO
r 7
LT' F-';
?n ._
WELD COUNTY HOUSING AUTHORITY
PHONE (303) 352-1551
P.O. Box A
GREELEY, COLORADO 80632
TO: Dale K. Hall, Chairman, Board of County Commissioners
FROM: Judy Griego, Director, Department of Social Service
SUBJECT: Consolidated Annual Contributions Contract
DATE: April 17, 1995
CA
As discussed at the Housing Authority Work Session of April 17, 1995, we received a consolidated
Annual Contributions Contract for the Certificate and Voucher Programs. Previously HUD handled
each program under separate ACC's
Total contract authority for the Section 8 Vouchers program is $1,077,949 for a twelve month
period, while the contract authority for the Certificate program is $657,732.
Staff is recommending approval of the Consolidated Annual Contributions Contract(ACC) for the
Section 8 Voucher and Certificate program.
If you have any questions, please telephone me at 352-1551, Extension 6200.
950885
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