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RESOLUTION
RE: APPROVE SECTION 8 CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT
FOR RENTAL CERTIFICATE PROGRAM AND RENTAL VOUCHER PROGRAM
WITH U.S. DEPARTMENT OF HUD 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 Section 8 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, Office of Public and Indian Housing,
commencing August 1, 1996, and ending July 31, 1998, 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 Section 8 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, Office of Public and Indian Housing, 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 22nd day of July, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
4 EL
�'��► - n WELD COUNTY, COLQRADO• y f IL-
Bar J. Kirkmeyer, �cha#
;sct y O,� ` = nty Clerk to the Board / 1
-���i f
/GeorgeE(Baxter, Pro-T mm
- Deputy Cler;. the Board
Dale K. Hall �p r,
APP ED AS TO FORM: (�IJlSr.e- j• Q 5l� r
� Constance L. Harbe
untAttor ! Ly d�i by 1
W. H. Webster
961259
C[.; Ai/3;6W) HA0016
•
- • ATTACHMENT 1
Consolidated Annual U.S. Departure. . 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 4
9. Budget and Requisition for Payment 2 20. Exclusion of Third Party Rights 4
10. HUD Requirements 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 an 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 voucner
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 in the program funding
for payment to the HA over the term of a funding exhibit.
increment. Budget authority is authorized and appropriated
by the Congress. HA. Housing agency.
Consolidated Annual Contributions Contract (consolidated Housing Agency THAI. The agency that has entered this
ACC). The 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 ACC. Program. The HA certificate program or voucher program.
Contract Authority. The maximum annual payment by HUD Program Expenditures. Amounts which may be charged
to the HA for a funding increment. The amount of contract against program receipts in accordance with the
authority for each funding increment in a program is listed in consolidated ACC and HUD requirements.
the funding exhibit for the program.
Program Receipts. Amounts paid by HUD to the HA for a
Fiscal Year. The HA fiscal year. The funding exhibit states program, and any other amounts received by the HA in
the last month and day of the HA fiscal year. connection with the program.
Project. A funding increment for the program.
Page 1 of 5 form HUD-52520 ;t 1/53)
9612739
2. Funding for HA Certificate or Vou'. sr Program reduce to an amount dc -.mined by HUD:
-- - (1) The amount of the MUD payment for any funding
(al The funding increments in the HA certificate program or increment.
voucher program are listed in the funding exhibit for the (2) The contract authority or budget authority for any
program. 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.
e _
funding exhibit: The notice of a revised funding exhibit, or of revisions
(11 To add a cost amendment project. to the funding exhibit for a program constitutes an
(21 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
lb) If the first or last date of the ACC term for a funding fiscal year.
increment is not entered before me 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
a. 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 an
(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
(11 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
Ic) 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. Each requisition must
(such as interest income) other than the HUD payment. include certification by the HA that:
(1) Housing assistance payments have been made in
5. Maximum Payments for Program accordance with contracts in the form prescribed
by HUD and in accordance with HUD requirements;
(a) Annual Limit Except for payments from the consolidated and
ACC reserve account, the HUD annual payments for a (2) Units have been inspected by the HA in accordance
program during a fiscal year must not be more than the with HUD requirements.
sum of the contract authority amounts for the funding
increments in the program. Ic) If HUD determines that payments by HUD to the HA for
a fiscal year exceed the amount of the annual payment
lb) Limit on Payments for Funding Increment The total approved by HUD for the fiscal year, the excess must
amount of payments for any funding increment over the be applied as determined by HUD. Such applications
increment term must not exceed budget authority for the determined by HUD may include, but are not limited to,
funding increment. application of the excess payment against the amount
of the annual payment for a subsequent fiscal year.
6. Reduction of Amount Payable by HUD The HA must take any actions required by HUD
respecting the excess payment, and must, upon
la) If HUD determines that the HA has failed to comply with demand by HUD, promptly remit the excess payment to
any obligations under the consolidated ACC, HUD may HUD.
Page 2 of 5 form HUD-52520 (11/931
QCif ern
o. HUD'Requirements 13. Depositai .
(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. Housing 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 amendments or changes in accordance with HUD requirements.
the law or HUD requirements.
(b) The HA must enter an agreement with the depositary
Ibl 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.
(dl 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 (11 The depositary must not permit any withdrawal of
deposited funds by the HA unless withdrawals by
(al 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.
(el If approved by HUD, the HA may deposit under the
Ibl 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.
Icl Interest on the investment of program receipts 14. Program Records
constitutes program receipts.
(a) The HA must maintain complete and accurate books of
Idl If required by HUD, program receipts in excess of current account and records for a program. The books and
needs must be promptly remitted to HUD or must be records must be in accordance with HUD requirements,
invested in accordance with HUD requirements. and must permit a speedy and effective audit.
2. Administrative Fee Reserve Ibl The HA must furnish HUD such financial and program
reports, records, statements, and documents at such
la) 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:
(11 The amount by which program administrative fees Icl 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
12) Interest earned on the administrative fee reserve. all the books, documents, and records of the HA
relevant to administration of the program, including the
lbl 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.
lc) If the HA is not adequately administering any Section 8 15. Default by HA
program in accordance with HUD requirements. HUD
may: (al Upon written notice to the HA, HUD may take
11 I Direct the HA to use the funds to improve admini- possession of all or any HA property, rights, or interests
straiten of the Section 8 program or for ream- in connection with a program, including funds held by a
bursement of ineligible expenses. depositary, program receipts, and rights or interests
(21 Prohibit HA use of administrative fee reserve funds.
Page 3 of 5 form HUD-52520 111/931
under a contract for housing assistance pay is with functions with respect a contract for housing
an owner, if HUD determines that: assistance payments executed, or to be executed, on his
(1) The HA has failed to comply with any obligations or her behalf, or with respect to a contract for housing
under this consolidated ACC; or assistance payments to which this person is a party.
(2) The HA has failed to comply with obligations under
a contract for housing assistance payments with an (d) The provisions of this section do •not apply to the
owner, or has failed Jotake appropriate action, to depositary agreement, or to utility service for which the
HUD's satisfaction -0r as directed by HUD, for rates are fixed or controlled by a governmental agency.
enforcement of the HA's rights under a contract for
housing assistance payments (including requiring 19.Interest of a Member of or Delegate to Congress
actions by the owner to Cure a default, termination,
or reduction of housing assistance payments, No member of or delegate to the Congress of the United
termination of the contract for housing assistance States of America or resident commissioner shall be
payments, or recovery of overpayments); or admitted to any share or part of this consolidated ACC or to
(3) The HA has made any misrepresentation to HUD of any benefits which may arise from it.
any material fact.
20. Exclusion of Third Party Rights
(bl HUD's exercise or non-exercise of any right or remedy
under the consolidated ACC is not a waiver of HUD's (a) A family that is eligible for housing assistance under
right to exercise that or any other right or remedy at this consolidated ACC is not a party to or third party
any time. beneficiary of the consolidated ACC.
5. Fidelity Bond Coverage lb) Nothing in the consolidated ACC shall be construed as
creating any right of any third party to enforce any
The HA must carry adequate fidelity bond coverage, as provision of this consolidated ACC, or to assert any
required by HUD, of its officers, agents, or employees hand- claim against HUD or the HA.
ling cash or authorized to sign checks or certify vouchers.
21. Consolidated ACC
17. Exclusion from Program
(a) The consolidated ACC is a contract between HUD and
Single-headed households, pregnant females. and recipients the HA.
of public assistance may not be excluded from participation
in or be denied the benefit of a program because of such lb) This consolidated ACC supersedes any previous annual
status. contributions contract for a program. Matters relating
to funding or operation of the program under a previous
18. Conflict of Interest Provisions annual contributions contract are governed by this
consolidated ACC.
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:
11) 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
Page 4 of 5 form HUD-52520 (11193)
r .
United States of America Secretary of Housing and Urban Development
Signature of Authorized Representative: Date signed:
X c 914 F;t0 �cS
e e&Official Title: (print or type)
;on Cvbella
Director
Office of Public Housing
Housing Agency ,Iaolaitur`me of Agency: (print or type)
,,v II�,�Ji `r i nq Authority of Weld County 07/2296
1! r tom`e of Authorized Representative: Date signed:
111861 :0 tk9
-L Ii /•on®� Ltd nic
=y e&Official Title: (print ortype)
Barbara J. Kirlcmeyer, Chair
Weld County Board of Commissioners
•
form HUD-52520 (11193)
Page 5 of 5
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 BUDGET
CODE OF TERM OF TERM AUTHORITY AUTHORITY
* CO06E090001 RR O 08/01/1981 07/31/1996 0 0
CO06E090002 RR O 11/01/1982 10/31/1997 61,920 1, 032,464
CO06E090003 RR O 12/01/1984 11/30/1999 102,312 1,534,680
CO06E090004 74 S 04/01/1986 03/31/2001 98,400 1,476,000
CO06E090005 RR O 01/01/1987 12/31/2001 115,188 1,727,820
CO06E090006 RR O 11/01/1987 10/31/2002 146,520 2 , 197,800
* C006E090007 96 PCE 08/01/1996 07/31/1998 268,488 536,976
• project expired * project changed since last printing
DATE PREPARED: 07/09/1996
REPLACES FUNDING EXHIBIT DATED: 09/12/1995
asp or
Page 1 of 1 `" eA
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:CO090V
HUD
PROJECT NO. SY ACCT FIRST DATE LAST DATE CONTRACT BUDGET
CODE OF TERM OF TERM AUTHORITY AUTHORITY
CO06V090007 RR O 12/01/1990 11/30/1997 55, 353 276,765
CO06V090008 90 PVE 11/01/1990 10/31/1997 98, 077 490,385
CO06V090009 RR O 12/01/1991 11/30/1996 70, 506 352,530
COO6V090010 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
CO06V090013 93 PVE 05/01/1993 04/30/1998 183 ,243 916,215
CO06V090014 93 PVM 01/01/1994 12/31/1998 142,264 711,320
CO06V090015 94 PVE 05/01/1994 04/30/1998 113,732 454,928
a project expired * project changed since last printing
DATE PREPARED: 07/09/1996
REPLACES FUNDING EXHIBIT DATED: 09/12/1995
Page 1 of 1 96jV59
el""4 y S. DEPARTMENT OF
f II j!II*g .USING AND URBAN DEVELOPMENT
F ROCKY MOUNTAIN, DENVER
\a." FIRST INTERSTATE TOWER NORTH
r r_ \i 633 17TH ST.
1‘ •" DENVER, COLORADO 80202-3607
1996 SE? 19 C.',1 5: 28
SEP 1 7 1996
Mr. James M. Sheehan
Executive Director
Housing Authority of Weld County
P.O. Box A
Greeley, CO 80632
Dear Mr. Sheehan:
Enclosed for your files is a fully executed original of your
Section 8 Consolidated Annual Contributions Contract (ACC) for
the Rental Certificate and Housing Voucher Programs.
The purpose of this ACC is to replace Project Number
CO06E090001 with Project Number CO06E090007.
If you have any questions regarding this document, please
contact me at (303) 672-5372 , extension 1216.
Sincerely,
.C752.04-1 thadit)
Linda Camblin
Program Analyst
Office of Public Housing
Enclosure
41( Otied
DEPARTMENT OF SOCIAL SERVICES
P.O. BOX A
GREELEY, COLORADO 80632
Administration and Public Assistance (970) 352-1551
C Child S ices 970) 352-6933
1
O Protecitve and Youth Services (970) 352-1923
• Food Stamps (970) 356-3850
COLORADO Fax (970) 353-5215
TO: Barbara J. Kikmeyer, Chair, Board of County Commission rs
FROM: Judy Griego, Director, Department of Social Services ( (per^t
SUBJECT: Section 8 Annual Contributions Contract
DATE: July 17, 1996
As discused with the Board at the Housing Autority Work Session of July 15, 1996,we have
received a consolidated Annual Contributions Contract for the Certifcate and Voucher
Programs.
The purpose of the revised ACC is to replace the budget authority for project C006-EO90-001
which expires July 31, 1996 with CO006-E090-007 . The contract authority is funded for two
years for$268,488 each year or a total of$536,976.
Staff is recommending approval of the Annual Contributions Contract(ACC) for the Section
8 program.
If you have any questions, please telephone me at 352-1551, Extension 6200.
961259
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