HomeMy WebLinkAbout980890.tiff RESOLUTION
RE: APPROVE CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT AND
AUTHORIZE CHAIR 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 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
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 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 Chair 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 27th day of May, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Ase ',ll�If' l ea-a-57--�-�•�
Constance L. Harb rt, Chair
Weld County Clerk t• e
kt
W Webs er, ro-Tem
BY:
Deputy Clerk to tht �r
♦�.►� org . Baxter
P'J D A : TO FORM:
Dale K. all
ou Attorney 41.1434. er,
Y Barbara J. Kirkmeyer
980890
HA0018
pc: HA
WIlD e.
MEMORANDUM
• TO: Constance L. Harbert, Chair, Board of
COLORADO County Commissioners
FROM: Judy Griego, Directory De rtment of Social
Services titl
SUBJECT: Consolida Ann 1 Contr ution Contract
DATE: May 19, 1998
Staff is requesting Board approval of an Annual Contributions Contract (ACC) for our Section
8 program.
The purpose of the revised ACC is to:
• increase Section 8 annual budget authority in the amount of$147,872;
• establish Project Number CO090VO8001; and to
• support rental assistance for thirty two units.
If you have any questions, please telephone me at 352-1551 ext. 6200.
980890
•
Consolidated U.S. Department of Housing and Urban Development
Annual Contributions Contract Office of Public and Indian Housing
Rental Certificate and Rental Voucher Programs section e
Table of Sections ear ear
1. Definitions 1 11. Use of Program Receipts 2
2. Funding for HA Certificate or Voucher Program 1 12. Administrative Fee Reserve 3
3. Term 2 13. Depositary 3
4. HUD Payments for Program 2 14. Program Records 3
5. Maximum Payments for Program 2 15. Default by HA 3
6. Reduction of Amount Payable by HUD 2 16. Fidelity Bond Coverage 3
7. ACC Reserve Acoamt 2 17. Exclusion from Program 3
8. Separate ACC for Funding Increment 2 18. Exclusion of Third Party Rights 4
9. Budget and Requisition for Payment 2 19. Consolidated ACC 4
10. HUD Requirements 2 •
1. Definitions Ong Increment(also called a 'Project'). Each commit-
ACC Annual contributions contract meat of budget authority by HUD to the HA for a program
ACC Reserve Account An account established by HUD for a under the consolidated ACC. The funding increments for the
program from amounts by which the maximum payment to the program are listed on the program funding exhibit.
HA under the consolidated ACC (during a HA fiscal year) HA Housing agency.
exceeds the amount actually approved and paid. This account Housing Agency (HA) The agency that has entered this
is used as the source of additional payments for the program. consolidated ACC with HUD.
Annual Contributions Contract The contract for each HUD U.S. Department of Housing and Urban Development.
funding increment. HUD's commitment to make payments Program The HA certificate program or voucher program.
for each finding increment ('projecC) listed in the finding Program Expenditures Amounts which may be charged
exhibit constitutes a separate ACC. against program receipts in accordance with the consolidated
Budget Authority The maximum amount of funds available ACC and HUD requirements.
for payment to the HA over the term of a funding increment. Program Receipts Amounts paid by HUD to the HA for a
Budget authority is authorized and appropriated by the Con- program, and any other amounts received by the HA in
gross. connection with the program.
Consolidated Annual Contributions Contract (consolidated Project A funding increment for the program.
ACC) This consolidated contract for the HA certificate
program and voucher.program. HUD's commitment to make 2. Funding for HA Certificate or Voucher Program
payments for each finding increment in a program constitutes a. The finding increments in the HA certificate program or
a separate ACC. However, commitments for all the funding voucher program are listed in the funding exhibit for the
increments are listed in this consolidated ACC. program.
Contract Authority The maximum annual payment by HUD b. The amount of contract and budget authority for each
to the HA for a finding increment. The amount of contract funding increment in a program is stated in the program
authority for each finding increment in a program is listed in funding exhibit
the funding exhibit for the program. c. By giving written notice to the HA, HUD may revise the
Fiscal Year The HA fiscal year. The finding exhibit states finding exhibit for a program:
the last month and day of the HA fiscal year. (1) To add a funding increment, or
Funding Exhibit An exhibit to the consolidated ACC. The (2) To remove a finding increment for which the ACC
funding exhibit states the amount and term of finding for a term has expired.
program. There are separate finding exhibits for the HA d. The HUD notice must include a revised finding exhibit,
certificate program and voucher program. specifying the term, contract authority and budget
Funding Exhibit A The funding exhibit for the HA certifi- authority for each funding increment under the
ate program. consolidated ACC. The HUD notice of a revised finding
Funding Exhibit B The finding exhibit for the HA voucher exhibit for a program constitutes an amendment of the
program. consolidated ACC.
Form HUD-52520 (12/97)
page 1 of 4
•
3. Term
a. The funding exhibit states the first date and last date of the 8. Separate ACC for Funding Increment
ACC term for each funding increment. HUD's commitment to make payments for each funding
b. If the first or last date of the ACC term fora funding increment ('project') listed in the funding exhibit constitutes
increment is not entered before the consolidated ACC is a separate ACC.
signed by the HA, HUD may enter the date subsequently,
by giving written notice to the HA. 9. Budget and Requisition for Payment
a. Each fiscal year, the HA must submit to HUD an estimate
4. HUD Payments for Program of the HUD payments for the program. The estimate and
a. HUD will make payments to the HA for a program in supporting data must be submitted at such time and in such
accordance with HUD regulations and requirements. form as HUD may require, and are subject to HUD
b. For each HA fiscal year, HUD will pay the HA the approval and revision.
amount approved by HUD to cover. b. The HA must requisition periodic payments on account of
(1) Housing assistance payments by the HA for a pro- each annual HUD payment. Each requisition must be in
gram. the form prescribed by HUD. Each requisition must
(2) HA fees for administration of the program. include certification that:
c. The amount of the HUD payment may be reduced, as (1) Housing assistance payments have been made in
determined by HUD, by the amount of program receipts accordance with contracts in the form prescribed by
(such as interest income)other than the HUD payment. HUD and in accordance with HUD requirements; and
(2) Units have been inspected by the HA in accordance
5. Maximum Payments for Program with HUD requirements.
a. Annual Limit Except for payments from the consolidat- c. If HUD determines that payments by HUD to the HA for
ed ACC reserve account, the HUD annual payments for a a fiscal year exceed the amount of the annual payment
program during a fiscal year must not be more than the approved by HUD for the fiscal year, the excess must be
sum of the contract authority amounts for the funding applied-as determined by HUD. Such applications deter-
increments in the program. mined by HUD may include, but are not limited to,
b. Limit on Payments for Funding Increment The total application of the excess payment against the amount of
amount of payments for any funding increment over the the annual payment for a subsequent fiscal year. The HA
increment term must not exceed budget authority for the must take any actions required by HUD respecting the
funding increment. excess payment, and must, upon demand by HUD,
promptly remit the excess payment to HUD.
6. Reduction of Amount Payable by HUD
a. If HUD determines that the HA has failed to comply with 10. HUD Requirements
any obligations under the consolidated ACC, HUD may a. The HA must comply, and must require owners to
reduce to an amount determined by HUD: comply,with the requirements of the U.S. Housing Act of
(1) The amount of the HUD payment for any funding 1937 and all HUD regulations and other requirements,
increment. including any amendments or changes in the law or HUD
(2) The contract authority or budget authority for any requirements.
finding increment. b. The HA must comply with its HUD-approved adminis-
b. HUD must give the HA written notice of the reduction. trative plan, and HUD-approved program funding
c. The HUD notice must include a revised funding exhibit applications.
specifying the term, contract authority, and budget c. The HA must use the program forms required by HUD.
authority for each funding increment under the d. The HA must proceed expeditiously with the programs
consolidated ACC. The HUD notice of revisions to the under this consolidated ACC.
funding exhibit for a program constitutes an amendment of
the consolidated ACC. 11. Use of Program Receipts
a. The HA must use program receipts to provide decent,
7. ACC Reserve Account safe, and sanitary housing for eligible families in compli-
An ACC reserve account may be established and maintained ance with the U.S. Housing Act of 1937 and all HUD
by HUD. The amount in the account is determined by HUD. requirements. Program receipts may only be used to pay
The ACC reserve account may be used by HUD to pay any program expenditures.
portion of the program payment approved by HUD for a fiscal b. The HA must not make any program expenditures, except
year. in accordance with the HUD-approved budget estimate and
supporting data for a program.
c. Interest on the investment of program receipts constitutes
program receipts.
page 2 of 4 Form HUD-52520 (12/97)
Y P 8�receipts in excess of current b. The HA must furnish HUD such financial and prog
d. If
required b HUD, ro reports, records, statements, and documents at such times.
needs must be promptly remitted to HUD or must be in such form, and accompanied by such su
invested in accordance with HUD requirements. required by HUD. Pporting data as
c. HUD and the Comptroller General of the United States, or
12. Administrative Fee Reserve their duly authorized representatives, must have full and
a. The HA must maintain an administrative fee reserve for a free access to all HA offices and
program. The HA must credit to the administrative fee facilities, and to all the
boobs, documents and to
records of the HA relevant
reserve the total of: administration of the program, including the right to audit
( ) The amotmt by which program administrative fees and to make copies.
paid by HUD for a fiscal year exceed HA adminis- d. The HA must
trative expenses for the fiscal year,plus and pay an quirby public
accountant to conduct audits that are required by HUD.
(2) Interest earned on the administrative fee reserve. The cost of audits required by HUD may be charged
b. The HA must use funds in the administrative fee reserve to against program receipts.
pay administrative expenses in excess of program receipts.
If any funds remain in the administrative fee reserve, the 15. Default by HA
HA may use the administrative reserve funds for other a. Upon written notice to the HA, HUD may take possession
housing purposes if permitted by State and local law. of all or any HA property, rights or interests in connection
c. If the HA is not adequately administering any Section 8 with a program, including funds held b
program in accordance with HUD requirements, HUD by a dapositact
program receipts, and rights or interests under a contrary,
may:
improve adminis- for housing assrsranne payments with an owner, if HUD
(I) Direct the HA to use the funds to
�P determines that:
,ration of the Section 8 program or for reimbursement (1) The HA has failed to comply with any obligations
of ineligible expenses. under this consolidated ACC; or
(2) Prohibit HA use of administrative fee reserve hinds. (2) The HA has failed to comply with obligations under a
13. Depositary
contract for housing assistance payments with an
owner; or
a. Unless otherwise required or permitted by HUD, all pro- (3) The HA has failed to take appropriate action, to
gram receipts must be promptly deposited with a financial HUD's satisfaction or as directed by HUD, for en-
institution selected as depositary by the HA in accordance forcemeat of the HA's rights under a contract for
with HUD requirements. housing assistance payments (including requiring
b. The HA must enter an agreement with the depositary actions by the owner to cure a default, termination, or
institution in the form required by HUD. reduction of housing assistance
c. The HA may only withdrawdeposited program payments, termination
receipts of the contract for housing assistance payments, or
for use in connection with the program in accordance with recovery of overpayments); or
HUD requirements. (4) The HA has made any misrepresentation to HUD of
d. The agreement with the depositary institution must provide any material fact.
that if required under a written notice from HUD to the b. HUD's exercise or non-exercise of any right or remedy
depositary: under the consolidated ACC is not a waiver of HUD's
(1) The depositary must not permit any withdrawal of right to exercise that or any other right or remedy at any
deposited funds by the HA unless withdrawals by the time.
HA are expressly authorized by written notice from
HUD to the depositary. 16. Fidelity Bond Coverage
(2) The depositary must permit withdrawals of deposited The HA must carry adequate fidelity bond coverage, as
funds by HUD. required by HUD, of its officers, agents, or employees
e. If approved by HUD, the HA may deposit under the handling cash or authorized to sign checks or certify
depositary agreement monies received or held by the HA vouchers.
in connection with any contract between the HA and
HUD. 17. Exclusion from Program
Single-headed households, pregnant females, and recipients of
14. Program Records public assistance may not be excluded from participation in or
a. The HA must maintain complete and accurate books of be denied the benefit of a program because of such status.
account and records for a program. The books and
records must,be in accordance with HUD requirements,
and must permit a spay and effective audit.
page 3 of 4 Form HUD-52520 (1L/9/)
18.Exclusion of Third Party-iBights
a. A family that is eligible for housing assistance under this
consolidated ACC is not a party to or third party benefi-
ciary of the consolidated ACC.
b. Nothing in the consolidated ACC.shall be conshued as
treating any right of any third party to enforce any provi-
sion of this consolidated ACC, or to assert any claim
against HUD or the HA.
1!. Consolidated ACC
a. The consolidated ACC is a contact between HUD and the
HA.
b. This consolidated ACC supersedes any previous annual
contributions contract fora program. Matters relating to
fimding or operation of the program under a previous
annual contributions contact are governed by this
consolidated ACC.
United States of America Secretary pf Housing end Urban Development.
Signature Of Adthorized Representative Date signed:AVda
kr
a e&Official Tide:(print or type) John Dibella
Director
Office of Public Mousing
Housing Agency Name of Agency.(print or type)
Housing Authority of Weld County
Signature of Authorized Representative:
��---- 'Date signet
X lazzliriCere 1 f' if� 05/27/98
Constance L. Harbert, Chair
Name&Official Title:(print or type)
•
Weld County Board of Commissioners
page 4 of 4 Form HUD-52520 (12/97)
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PIN SECTION 8 - FUNDING EXHIBIT
PROGRAM-BASED
ACC NUMBER: C0090CE
FIELD OFFICE: MPH
OFFICE OF PUBLIC NOOSING
HA NUMBER: 00090
NOOSING AUTHORITY OF WELD COUNTY
P 0 BOX A
GREELEY , CO 806320000
HA FISCAL YEAR-END: 12/31
PROGRAM TYPE: CERTIFICATE PROGRAM
F1 FIRST DATE LAST DATE CONTRACT CONTRACT BUDGET
NUMBER OF TERN OF TERM TERM AUTHORITY AUTHORITY
00090CE0002 11/01/82 10/31/97 180 0 1,032,464
00090CE0003 12/01/84 11/30/99 180 102,312 1,534,680
00090CE0004 04/01/86 03/31/01 180 98,400 1,476,000
00090CE0005 01/01/87 12/31/01 180 115,188 1,727,820
C0090CE0006 11/01/87 10/31/02 180 146,520 1,670,310
00090CE0007 08/01/96 07/31/98 24 268,488 536,976
00090CE0008 11/01/97 01/31/99 15 105,717 132,146
00090CE6001 01/01/98 12/31/98 12 63,333 63,333
1998-04-25 03.14.24 PAGE 1
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PIM SECTION 8 - FUNDING EXHIBIT
PROGRAM-BASED
ACC NUMBER: C0090V0
FIELD OFFICE: BAPH
OFFICE OF PUBLIC HOUSING
MA NUMBER: C0090
HOUSING AUTHORITY OF WELD COUNTY
P 0 BOX
GREELEY , CO 806320000
HA FISCAL YEAR-END: 12/31
MOWN TYPE: VOUCHER PROGRAM
Fl FIRST DATE LAST DATE CONTRACT CONTRACT BUDGET
MISER OF TERM OF TERM TERN AUTHORITY AUTHORITY
00090900007 12/01/90 11/30/97 84 0 276,765
00090900008 11/01/90 10/31/97 84 0 490,385
C0090900009 12/01/91 11/30/97 72 0 352,530
00090900010 12/01/91 11/30/97 72 0 534,570
000901100011 08/01/92 07/31/97 60 0 944,512
00090900012 03/01/93 02/28/98 60 - 0 177,415
C0090V00013 05/01/93 04/30/98 60 183,243 615,227
00090900014 01/01/94 12/31/96 60 142,264 711,320
CO090V00015 05/01/94 04/30/98 48 113,732 399,793
00090900016 08/01/97 07/31/98 12 243,840 243,840
00090V00017 11/01/97 01/31/99 15 101,306 126,632
00090900018 12/01/97 02/28/99 15 221,794 277,243
00090900019 03/01/98 02/28/99 12 55,743 55,743
00090908001 05/01/98 04/30/99 12 147,872 147,872
1998-04-25 03.14.12
PAGE 1
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