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Home My WebLink About980128.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 26th day of January, A.D., 1998. BOARD OF COUNTY COMMISSIONERS ,�,,,� ��, WE4D COUNTY, COLO_RAD)1111 ATTEST: �,�+� [ lia% , (--r°9Y in,r/I ; ii�A.r fConstance L. Harbert, Chair Weld Co • 9 st. ,. . � , LA j� V li . v n W. H. ebster, Pro-Tr ea ri Deputy r-iif��'s1 r'r d // /fr (George . Baxter AP' `•VED A • c .M: EXCUSED DATE OF SIGNING (AYE) Dale K. Hall ea o�,f� C 'yAtt. ney' ��,�,r�1��, arbara J. Kirkmeyer 980128 (�, : CIA . HA0018 — - ATTACHNENT 1 Consolidated Annual us. Department of Housing- _ snit 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 Cervficate,or Voucher Program.: . 2 1 3. Depositary 3 3. Term - - - 2 14. Program Records 3 4. HUD Payments for Program 2 t 5 n '-'' 5. MaximumrPaymenu for Program.-. . . . . • . . . . . . . 2 J/.26, - 4 6. Reduction of Amount-Pa9able by HUD . . . . 2 -J'' 4 7. ACC Reserve Account t. . .� 2 _ 2 ��tpU1� 4 8. Separate ACC for Funding Increment 2 J _0 !1, t u A)11'\-' ate to Congress 4 9. Budget and'-Requisition`for Payment -' 2 2 a ` '' 10. HUD Requirements . . . . . . . . . : . . . 3 2 'd . . . . . . . : . . . . 4 11. Use of Program Receipts, 3 V _ t: Definitions ACC. Annual contributions contract. Funceng Exhibit. An exhibit to..the,consolidated,ACC. The funding exhibit states the amount and term of funding for a ACC Reserve Account,..,Anaccou t established by HUD for n 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. - t Funding Exhibit 8. \the.funding exhibit for-the,HA-voucner Annual Contnbimons;;Centract . ,.The contract for each program. funding,Increment. HUDrs commitment to.make Payments for each funding increment rotect heisted ap,the tispcling Funding Increment (also called a 'Proiect). . Eacn exhibit constitutes a separate ACC. commitment:,ef:budget'authority,;.by•HUD to therHA for a a its na- z n +,n, • a — program under the Consolidated ACC. The funding Budget-Authority T'h€maximunfp mount pfnfunds gvailaaie increments:far-theprograrn\are listed in the,program funding for .pay(neht,. to.the HA.,tover,,(he„term ,ef er funding increment. Budget auttlority is authorized.and, appropriated by the..Congress. -,. - , HA. Housing agency. _. Consolidated Annual.,Comribudoru'cogtraaet-;igoruolidated Housing Agency (HAI. The agency that has entered mis • ACC). The consolidated Contract for the HA certificate consolidated ACC-with-HUD., . < - ;z:,; progfetsand voucher Ptog3am. .HUD'. commitment to make ,. „r -, ,. payments for each funding_increment :in ,a_, program ..fHUD.-U.S. Department;of Housingand Urban Development. constitutes a separate ACC. However, commitments for all tne funding increments aria listed in this consolidated ACC. Program. The HA certificate programer voucher program. Contract-Authority. The maximum.annual payment by-HUD Program Expenditures. .Amounts which may be cnarged 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 programs listed in consolidated ACC and HUD.requirements. •the funding exhibit for the program. Program Receipts. Amounts paid by MUD to the HA for a Fiscal Year.,The HA.fiscal year. The funding exhibit states program,and any oche(,-.amounts received by,the:.HA-in tne last montn and day of the HA fiscal year. connection with the program. • Project. A funding increment for the program. -- Page L-of 5 form HUD-52520 - 93 9801_2s Funding for HA Certificate or Voucher Program reduce to an amount determined by:HUD: .. 11) The amount of the HUD,payment,for any,funding lal The funding increments in the HA certificate program or increment. voucner program are listed in the funding exnibit for the (21 The contract authority or budget au:noilty for any program. ---- - - - .. _.. _ funding increment. - lb) The amount of contract and budget authority for each 'lb) HUD must give HA written notice of the reduction. funding increment in a program is stated in the program . funding exhibit. - - lc) The HUD notice may.mcludea;tevtseb.:funding exhibit to state the reduction in the amount of contract lc) By giving written notice to the HA, HUD may revise a authority or budget authonty for a funding increment. i; , _ funding exhibit: � The riots[e of a revised funding'azfi0rt. or i of 7ehsions 11) To add a cost amendment project. . to the funding exhibit :for:a' prbgram-iconstitutes an 12) To remove a project for which.-the-ACC term has amendment of the;consolidatpdACc... expired. .. 7. ACC Reserve Account . 3. Term - An CC reserve account may,be establishedand,maintained (al The funding exhibit states the first date and last date of by HUD. The amount in the account is diterrminedeby HUD. the ACC term for each funding increment. The ACC reserve account may be used by HUD to pay any portion of the a,r program payment apployedT'bv HUD for a lb) 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 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'i listed in the tUnditWexhibit'constitutes A. HUD Payments for Program a separate CC cal HUD will make payments to the HA for a program in - 9. Budget and Requisition for'Pay'ttlent accordance with HUD regulations and requirements. - +' (a) Each fiscal year, the HA must submit to HUD'-an Ibl For each HA fiscal year, HUD will pay the HA-'the - estimate of the HUD payments for.the program. The amount approved byHUD to cover: e x t' - '- estimate and su000rnnQ data":mi�3t"be 3ubmnted at Ill Housing assistance payments by the HA for a such--time and farm es`HUD may require."end program r" ., . ,•� o r _ •r,r -.� �br,c- - •-are subject tic HUD'approval f21 HA fees'o?ladministration of the•program '7514‘6 te' - d ` .3•'- t `"' ' 5:' `- �- Ibl The HA must requisition periodic pay entsy�on account lc) The arnountadflthe HUD payment may be reduced'9'as cif'each'aanual HGb payment eta .aiOn%nii'Wbe' amount by HUD, by the of program receipts N„ in the firm prescribed by HUDr hegin8ibdrf must (such as interest income) other than the HUD payment. HA"th l• ug "- - ^'- (t) Housing assistance payments havl4feen-ma&' in s. Maximum Payments for Program accordance with contracts in the-form prescribed by HUb`ind n aceofdaneerWite kdi re4ufremerits ' (al Annual Limit Except for payments from the consolidated and` --2 + ' ACC reserve account.. the HUO annual payments for a• "0 (2) Units have been'ins'oecte&bPti$'ekA in•accordance program'during-taliscal'-year must not be more'thin the - with HUD retjuireinentiF _' "ne sum of the contract authority amounts for the funding - "'" " ''t'•a" - increments in-the'program. - . - • : 9 (c) If HUO determines that payments"Oyi'Uno the HA for ,a fiscal year exceed the amount of the annual payment lb) Limit on Payments- for-Fundng Increment The total approved by HUD for the fiscaj'yearYther'exceisinust amount of .payments for eny4unding increment over-the - be applied`as-determined by HUOi`r'Sueh`'3pplicatibns increment term must-not-exceed budget authority for the determined by HUO may include: bot are-not limited to, funding increment. application of the excess payment aQiiin'sfthe amount of the annual payment for a subsequent fiscal year. 5. Reduction of Amount Payable by HUD The HA' must take any aCtiOneileilUireci by HUD respecting the 'excess payment`--End ,must, upon cal If HUD Determines that the HA nas failed to comply with demand by HUD, promptly remit the excess payment to any coligations under the consol,0ated ACC, HUO may: HUD. Pape 2 of 5 form HUD•52520 111/95i • 9809..28 • HUD Requirements • :3. Depositary ial The HA must comply, and must reauve owners to (a) Unless otherwise required. or permit ed ov. HUD. au comply. with-the requirements of the U.S. Housing'Act- program receipts must be prcrn.ptly.deposited wit' a of 1937 and all HUD regulations and other financial institution selectee as depositary by the HA :^ requirements, including any amendments or changes in accordance with HUD'requrements: the law or HUD.requirements: s = - WI The HA must enter an agreement withthe depositary WI The HA must comply with its HUD-approved institution the form rreouirecoy HUD. aaminisvatiye•plan.:equal opportunity h'dusing•plan, and..,, HUD-approved program funding applications. lc) The HA may only withdraw deposited Program..receipts for use in connection with tne program in.accordance lc) The HA must use the program:forms required by HUD. with HUD requrements. (d) The HA must proceed expeditiously with-the-programs - (d) The 'agreement with the depositary institution. must under under this consolidated ACC. provide that if required under a written notice from HUO to the depositary: t 1 . Use of Program Receipts 11) The depositary must not permit any withdrawal of deposite_rfundsby the HA u,�less withdrawals by (a) The HA must use program receipts to providetdecent. the fiA 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 121 The depositary must permit ,withdrawals. of. HUD requirements. ;.Program receipts may only be used deposited funds by HUD. to pay program expenditures. -Y tel If approved"'by HUD, the HA mar deposit.under, the WI 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 est- HA in •connection with any contract between the HA mate and supporting data for a program. - and HUD. - lcl Interest on ,the investment: of program receipts 14. Program Records constitutes program receipts. - - (a) The HA must maintain compiete and accurate books of Im If required by tiLJD, program receipts in excess of current account and-records 'forta program. ."The books and news must be,promptly remitted.•to.HUD :or. must be records must be in accordance with HUD requirements. invested In accomance,with HUD requirements. - and must permit a speedy and effecnte audit. .. , 2. Administrative Fee_:Reserve - nil The HA must furnish HUD such financial and,program reports records siatements, and docume f nts at such n ial The HA must maintain an administrative fee reserve for times. a in'�"such ,er form; and accomspaniei, d6y _such. , a program. The HAmust credit to the administrative supportirig'tata'as required by HUD. ' fee reserve the total of: - 9p(1) The amount by.-which program administrative fees lc) HUD-andtthe•Comptro'ller Gene al Ofutf}ea United States.. paid by HUD for a fiscal year exceed HA admini• or their duly authorized representative., must Have full_. strative expenses for the fiscal year, plus and free 'access to all HA offices and facilities„and to. 121 Interest earned on the administrative fee reserve. all the books, documents and recbrtls :of the HA relevant to administration or the psrogram, including the WI The HA must use -funds in the administrative fee rignt to audit and to make'copies.w,' reserve to pay administrative expenses in excess of program receipts. If any funds remain in the Id) The HA must engage and "pay en.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. IV If the HA is not adequately administering any Section 8 t 5. 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 admmr possession"of all or any HA property,rights.,or interests stration of the- Section 8 program or for ream- m connection•with a program, including funds held by a bursement of ineligiole expenses depositary.- Program receipts, arc rights or interests (21 Prprobit HA use of administrative fee reserve funds - - - - - • -" .. 'a,• 3 o form HUD-52520 ' 93:: 980128 under a Contract `Or nousin.g assistance payments twgn - - functions with respec: .t a contract '?or ,ncusi The HA has faded to cam I assistance Payments executee d. or to be exec❑ on -,s ' an owner, if HUD determines :hat: - (1) p y with-any obli Q-ationS or her,be If,na or with respect.to.a contract 'or nouvr,. under this consolidateo:ACC: or b l' assistance payments :o which mts.person is a party: (21 The HA has ;ailed to coin D y with obligations under a contract for housing assistance payments witban ;ill The provisions of this section ;do not wooly to me owner• or has faded to take appropriate action. to depositary agreement, or to,unljtycser.vice f&p whim the • HUD's satisfaction or. as, directed. by,kIUQ• for rates are fixed or controlled by a governmental agency. under 'enforcement of'the HA'S rightsf. a contract for housing assistance payments (including requiring 19.Interest of,a,-Member of;or Delegate°to Congress actions by the owner tq cure,a default, termination, .. 'O!':reduction of hqusin g assl{stancew.payrgents. No member of or delegate to the Congress of the United -termination of the contract for housing bassi taoce, States of •America. -or resident Commissioner' shall be .payments- or recovery of overpayments' or (3) The HA has mace any misrepresentation,,to fop of; any benefits which may arise from it" ' 7••" ACC or to admitted to any share or part of this consolidated •'any material fact. - ' °' �� - "' Ibl HUD's exercise or non-exercise of any right orG a nedy 20. Exclusion of Third Party Rights under the consolidated ACC is not a war r o}right to exconse date or any otnot a Watye aemyp (al A family that is eligible for housing assistance sunder - anyttime. " �� this>eonsolidated ACC it not a '3 p !ty to or third party -� rr� 'beneficiary of the consolidated ACC. ' _. Fidelity Bond Coverage r' (bi Nothing in the consolidated ACC'snall be construed as The HA must carrycreating any right of any third "party to enforce any adequate fidelity bond Coverage.;as provision of this consolidated ACC, or to assert any required Oy HUD, of its officers, agents, or employees:hand r claim against HUD or the HA.' ling cash Or authorized to sign cheeks or certify vouchers. - 7- Exclusion from Program 21 Consolidated ACC Single-headed households. pregnant females and recipients `'(al. The consolidated ACC is a contract between HUD and the HA. of public assistance may not be excluded from participation • in ors be denied 'the,benefit of a program because;of such-.. (bl This consolidated ACC supersedes any previous annul status. ' contributions contract for a program.'Matters relating -., r ..-•,.,� •,� to funding or operation of the•program undera Orevidus.• . Conflict of Interest Provisions annual contributions contract are AoverUed by this dal NercnerG'tlie MA nor trr,;�_'1 truth A" ' consolidated ACC. .�.:? " any of-iti,,CO, ozsrc;ohi th,mt.. - subcontraciors may 'enter ino <a..act :w;oon ra t ct to shyer i ,- subcontract"t or arrangement jl.,iconneciojony.Wrtefr1a-..- - Orogram in watch any or the f011owinp Classes of persons has an interest, direct orardirect, during.iepure,. or for orie''year thereafteri - - It) Any/present or foitner-membei_or officer„,,of t-he HA r • except a tenant commissioner, (21 Any employee of the HA who formulates,Policy or....... who influences decisions with. .respect tp ra program. 131 Any public official• member of a.goyerning body, • - ., State or local legislator who exercises functiontor responsibilrtres'with respect to a program , tz; bi Any member of these classes of persons must disclose • the member's interest or prospective interest to the•HA • and HUD. Cl The requirements of this section .may,be waived:;Dv. HUD for good cause. No person for whom a waiverys - - granted shall be permitted to exercise responsibilities or • - - form HUD-52520 (11;93: 980128 United States of America Secretary of Housing and Urban Development Signature of Authorized Representative: Date signed: r iet t'53— Ne e &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 O//abigg Signature of Authorized Representative: Date signed: Name&Official Title: (print or type)- ---Chair, Board of County Commissioners _ form HUD-52520 (11/93) Page 5 of 5 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PIH SECTION 8 - FUNDING EXHIBIT PROGRAM-BASED ACC NUMBER: C0090CE FIELD OFFICE: 8APN OFFICE OF PUBLIC HOUSING HA NUMBER: C0090 HOUSING AUTHORITY OF WELD COUNTY P 0 BOX A GREELEY , CO 806320000 HA FISCAL YEAR-END: 12/31 PROGRAM TYPE: CERTIFICATE PROGRAM FI FIRST DATE LAST DATE CONTRACT CONTRACT BUDGET NUMBER OF TERM OF TERM TERM AUTHORITY AUTHORITY C0090CE0002 11/01/82 10/31/97 180 0 1,032,464 COO9OCE0003 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 C0090CE0008 11/01/97 01/31/99 15 105,717 132,146 1997-12-17 22.53.13 PAGE 1 s8ot. ?8 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 HOUSING AUTHORITY OF WELD COUNTY P O BOX A GREELEY , CO 806320000 HA FISCAL YEAR-END: 12/31 PROGRAM TYPE: CERTIFICATE PROGRAM FI FIRST DATE LAST DATE CONTRACT CONTRACT BUDGET NUMBER OF TERM OF TERM TERM AUTHORITY AUTHORITY 00090CE0002 11/01/82 10/31/97 180 0 1,032,464 C0090CE0003 12/01/84 11/30/99 180 102,312 1,534,680 C0090CE0004 04/01/86 03/31/01 180 98,400 1,476,000 C0090CE0005 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 C0090CE0007 08/01/96 07/31/98 24 268,488 536,976 C0090CE0008 11/01/97 01/31/99 15 105,717 132,146 1997-12-17 22.53.13 ppC PAGE 1 JS0'.�^s 1°-O CO" :TY Th .,, t„! fr GLERK TCl THE G ,.O:- Constance L. Harbert, Chair, Board of "ilk County Commissioners FROM: Judy Griego, Directo D- Ialiment of Social Services `t I . I COLORADO SUBJECT: Consolidat UjAnn 1 Co ii 'bu'tons Contract DATE: January 19, 1998 As discussed at the Housing Authority Work Session of January 19, 1998, we have received a consolidated Annual Contributions Contract for the Certificate and Voucher Programs. The purpose of the revised ACC is to: • replace Project Number C0090CE0002 with Project Number C0090CE008 obligating $132,146 in budget authority; • replace Project Number C0090V00008 with Project C0090V00017 obligating $126,632 in budget authority; and • replace Project Number C0090V00007, 0009 and 0010 with Project Number C0090V00018, obligating $277,243 in budget authority. 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 ext. 6200 98012,9 Hello