HomeMy WebLinkAbout970803.tiffRESOLUTION
RE: APPROVE CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT FOR
SECTION 8 CERTIFICATE AND VOUCHER PROGRAMS 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 for Section 8 Certificate and Voucher Programs 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 for Section 8 Certificate and Voucher Programs 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 28th day of April, A.D., 1997.
APP
,o,my
ty Clerk to the Board
Deputy Cler C• the Board
AS T
my Attorne
ce. h¼;51
Dale K. Hall
BOARD OF COUNTY COMMISSIONERS
WELi/�NTY, CO�DO
eorge E" Baxter, Chair
stance L. Harbert. PraTem
EXCUSED
Barbara J. Kirkmeyer
W. H. Webster
970803
HA0017
, ,'Conaolidated Annual
Contributions Contract
Rental Certificate Program
and Rental Voucher Program
U.S. Department of V sing
and Urban Developn
Office of Public and Indian Housing
Section 8
Table of Sections
page
1. Definitions 1
2. Funding for HA Certificate or Voucher Program 2
3. Term 2
4. HUD Payments for Program 2
5. Maximum Payments for Program 2
6. Reduction of Amount Payable by HUD 2
7. ACC Reserve Account 2
8. Separate ACC for Funding Increment 2
9. Budget and Requisition for Payment 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
19. 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
year) 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 for each
funding increment. HUD's commitment to make payments
for each funding increment ("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 month 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 (HA). 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 in
connection with the program.
Project. A funding increment for the program.
Page 1 of 5
form HUD -52520 (11 /93)
970803
2. Funding for HA Certificate nr Voucher Program
(a) The funding increments in the HA certificate program or
voucher program are listed in the funding exhibit for the
program.
(b) The amount of contract and budget authority for each
funding increment in a program is stated in the program
funding exhibit.
(c) By giving written notice to the HA, HUD may revise a
funding exhibit:
(1) To add a cost amendment project.
(2) To remove a project for which the ACC term has
expired.
3. Term
(a) The funding exhibit states the first date and last date of
the ACC term for each funding increment.
(b) 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
(a) HUD will make payments to the HA for a program in
accordance with HUD regulations and requirements.
(b) For each HA fiscal year, HUD will pay the HA the
amount approved by HUD to cover:
(1) Housing assistance payments by the HA for a
program.
(2) HA fees for administration of the program.
(c) The amount of the HUD payment may be reduced, as
determined by HUD, by the amount of program receipts
(such as interest income) other than the HUD payment.
5. Maximum Payments for Program
(a) 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.
(b) 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
(a) If HUD determines that the HA has failed to comply with
any obligations under the consolidated ACC, HUD may
reduce to amount determined by HUD:
(1) The , unt 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.
(c) 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 for a
fiscal year.
B. 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
(a) 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.
(b) 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:
(1) 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.
(c) 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.
Page2 of 5
form HUD -52520 (11/93)
970893
ic. HUD Requirements
13. Depositary
(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 requirements.
lb) The HA must comply with its HUD -approved
administrative plan, equal opportunity housing plan, and
HUD -approved program funding applications.
Cc) The HA must use the program forms required by HUD.
(d) 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.
(b) 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.
(a) 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.
(b) The HA must enter an agreement with the depositary
institution in the form required by HUD.
(c) 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 withdrawals of
deposited funds by the HA unless withdrawals by
the HA are expressly authorized by written notice
from HUD to the depositary.
(2) The depositary must permit withdrawals of
deposited funds by HUD.
(e) 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.
(c) Interest on the investment of program receipts 14. Program Records
constitutes program receipts.
(d) If requited 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.
(b) 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.
(c) If the HA is not adequately administering any Section 8
program in accordance with HUD requirements' HUD
may:
(1) Direct the HA to use the funds to improve admini-
stration of the Section 8 program or for reim-
bursement of ineligible expenses.
(2) Prohibit HA use of administrative fee reserve funds.
(a) 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.
(b) 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.
(c) 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.
(d) 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
(a) 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 (1 1 /93)
970803
Ibl
under a contract for housing assistance payments with
an owner, if HUD determines th
(1) The HA has failed to comps with any obligations
under this consolidated ACC; or
(2) The HA has failed to comply with obligations under
a contract for housing assistance payments with an
owner, or has failed to take appropriate action, to
HUD's satisfaction or as directed by HUD, for
enforcement of the HA'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.
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.
16. 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 such
status.
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 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.
(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 hous'ny-,
assistance ents 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.
(d) 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.
1 s.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.
(b) 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.
(b) 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 (11/931
970M3
United States of America Secretary of Housing and Urban Development
Signature of Authorized Representative: Date signed:
Name *' Official Title: (print or type)
02
„{ S/ John Dibella
v/J Director
Office of Public Housing
Housing Agency
Name of Agency: (print or type)
Housing Authority of Weld County
Signature of Authorized Representative: Date signed:
X v of
Narhe & Offici Title: (print or type)
George E. Baxter, Chair
Board of County Commissioners
ex —officio Housing Authority Board
04/28/97
form HUD -52520 111 /93)
Page 5 of 5
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PIN SECTION 8 - FUNDING EXHIBIT
PROGRAM -BASED
ACC NUMBER: C0090CE
FIELD OFFICE: BAPH
OFFICE OF PUBLIC HOUSING
HA NUMBER: C0090
WELD COUNTY HOUSING AUTHORITY
P 0 BOX A
GREELEY , CO 806320000
HA FISCAL YEAR-END: 12/31
PROGRAM TYPE: CERTIFICATE PROGRAM
Fl FIRST DATE LAST DATE CONTRACT CONTRACT BUDGET
NUMBER OF TERM OF TERM TERM AUTHORITY AUTHORITY
C0090CE0001 08/01/81 07/31/96 180
C0090CE0002 11/01/82 10/31/97 160
C0090CE0003 12/01/84 11/30/99 180
C0090CE0004 04/01/86 03/31/01 180
00090CE000S 01/01/87 12/31/01 180
00090CE0006 11/01/87 10/31/02 180
00090CE0007 08/01/96 07/31/98 24
0 2,000,880
61,920 1,032,464
102,312 1,534,680
98,400 1,476,000
115,188 1,727,820
146,520 2,197,800
268,488 536,976
1997-01.24 05.25.09 PAGE 1
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PIH SECTION 8 - FUNDING EXHIBIT
PROGRAM -BASED
ACC NUMBER: C0090V0
FIELD OFFICE: BAPH
OFFICE OF PUBLIC HOUSING
HA NUMBER: C0090
WELD COUNTY HOUSING AUTHORITY
P 0 BOX A
GREELEY ea) 806320000
HA FISCAL YEAR-END: 12/31
PROGRAM TYPE: VOUCHER PROGRAM
FI FIRST DATE LAST DATE CONTRACT CONTRACT BUDGET
NUMBER OF TERM OF TERM TERM AUTHORITY AUTHORITY
C0090V00007 12/01/90 11/30/97 84 0 276,765
C0090V00008 11/01/90 10/31/97 84 0 490,385
00090V00009 12/01/91 11/30/97 72 0 352,530
C0090V00010 12/01/91 11/30/97 72 0 534,570
C0090V00011 08/01/92 07/31/97 60 272,377 1,361,885
C0090V00012 03/01/93 02/28/98 60 35,483 177,415
C0090V00013 05/01/93 04/30/98 60 183,243 916,215
C0090V00014 01/01/94 12/31/98 60 142,264 711,320
C0090V00015 05/01/94 04/30/98 48 113,732 454,928
C0090V00016 08/01/97 07/31/98 12 243,840 243,840
1997-01-24 05.25.24 970e,13 PAGE 1
MEMORANDUM
COLORADO
TO: George E. Baxter, Chair Date: April 21, 1997
Weld County Housing Authority Board
FR: Judy Griego, Director, Social Servicestto
RE: Approval of Section 8 Annual Contribu • nns ,
Contract
As discussed at the Housing Authority Work Session of April 21, 1997, we have received a
consolidated Annual Contributions Contract from the U.S. Department of Housing and
Urban Development (HUD) for the Certificate and Voucher Programs.
The purpose of the revised ACC is to extend the budget authority for Project Numbers
C0090V00009 and C0090V00010 and also replace Project C0090V00011 with Project
C0090V00016 . The annual Contract Authority for the Projects is as follows:
• C0090V00009 ---- $57,780
• C0090V00010 ---- 96,552
• C0090V00016 ---- 243,840
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.
970803
,x/17OO/7
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