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HomeMy WebLinkAbout1985-07-30; Housing & Redevelopment Commission; 46; New Annual Contributions Contract for Section 8HOUSING AND - EDEVELOPMENT COMMlSS’- N- r: A ‘” J‘ 0 L AGENDA BILL rB# 46 TITLE: NEW ANNUAL CONTRIBUTIONS CONTRACT flTG. T/30/85 FOR SECTION 8 CERTIFICATE PROGRAM ADDING PROJECT NO. CA 16-E077-008 )EPT. RED RECOMMENDED ACTION: Housing and Redevelopment Commission approve Resolution No. 53 , and prepare various documents (attached) authorizing Chairperson to execute New Annual Contributions Contract for City's Section 8 Certificate Program adding Project No. CA 16-E077-008. ITEM EXPLANATION The Department of Housing and Urban Development has notified the Carlsbad Housing Office of a new annual contributions contract for its Section 8 Certificate Program adding Project No. CA 16-E088-008. The addition of this project will increase the number of units in the program from 265 to 280. The new project will allow certificate availability for the following types of housing units. 1 bedroom - 5 (elderly) 2 bedroom - 5 (family) 3 bedroom - 3 (family) 4 bedroom - 2 (family) The Housing and Redevelopment Commission is asked to approve the new project which will add fifteen housing units and direct Chairperson to execute documents. FISCAL IMPACT An additional $95,940 to HUD Section 8 Contract bringing total to $1,322,940. Administrative fees will continue to cover Housing Department's expenses. EXPENSES l- Resolution No. 53 2- Correspondence from HUD dated June 5, 1985, with documentation necessary to execute new annual contributions contract. RESOLUTION NO. 53 2 RESOLUTION APPROVING SUPERSEDING PART I AND NEW PART II OF SECTION 8 HOUSING CERTIFICATE PROGRAM 3 ANNUAL CONTRIBUTIONS CONTRACT NO. SF-535 AND AUTHORIZING EXECUTION 4 5 WHEREAS, the Housing Authority of the City of Carlsbad, 6 ("PHA") entered into a Section 8 Annual Contributions Contract 7 ("ACC") on July 30, 1985 as amended, with the United 8 States of America ("Government"). 9 The Section 8 ACC must now be revised so that it will consist 10 of the following counterparts: 11 A) Superseding Part I of the ACC, HUD 52520B (12/84), applicable 12 to the Section 8 Existing Housing Certificate Program., B) 13 New Part II of the ACC, HUD 525203 (12/84), applicable to Section 8 Existing Housing Certificate Program. 14 15 16 17 18 19 NOW, THEREFORE, BE IT RESOLVED, by the PHA, as follows: 1) The SUPERSEDING Part I Section 8 ACC and the new Part II of the ACC for the Housing Certificate Program are hereby approved and accepted. The Chairman or Acting Chairman is hereby authorized and directed to execute the counterparts of the ACC on behalf of the PHA, and the Secretary is hereby authorized to impress the official seal of the PHA on each such counterpart and to forward such executed counterparts to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. 20 2) This resolution shall take effect immediately. 21 22 PASSED, APPROVED AND ADOPTED at a special meeting of the 23 Housing and Redevelopment Commission of the City of Carlsbad, 24 held on the 30th day of July, 1985, by the following vote, to wit: 25 AYES: ccamrissioners Casler,Iewis,Kulchin, Chick andPettine 26 I/ NOES: mne ABSENT: None MARY H. SLER, Chairperson (REVISED 12/84 to conform with HUD 525208 (December 1984) RESOLUTION NO. RESOLUTION APPROVING SUPERSEDING PART I and NEW PART II of SECTION 8 HOUSING CERTIFICATE PROGRAM ANNUAL CONTRIBUTIONS CONTRACT NO. SF-535 AND AUTHORIZING EXECUTION The HOUSING AUTHORITY OF THE CITY OF CARLSBAD ("PHA") entered into a Section 8 Annual Contributions Contract ("ACC") on as amended, with the United States of America ("Government"). The Section 8 ACC must now be revised so that it will consist of the following counterparts: a. Superseding Part I of the ACC, HUD 525208 (12/84), applicable to the Section 8 Existing Housing Certificate Program. b. New Part II of the ACC, HUD 52520E (12/84), applicable to Section 8 Existing Housing Certificate Program. Now therefore, be it resolved by the PHA, as follows: 1. The SUPERSEDING Part I Section 8 ACC and the new Part II of the ACC for the Housing Certificate Program are hereby approved and accepted. The Chairman or Acting Chairman is hereby authorized and directed to execute the counterparts of the ACC on behalf of the PHA, and the Secretary is hereby authorized to impress the official seal of the PHA on each such counterpart and to forward such executed counterparts to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. 2. This resolution shall take effect immediately. 3 - U.S. Deparimt af Housing and Urban Development Los Angeles Office, Region IX 2500 Wilshire Boulevard, Suite 448 Los Angeles, California 90057-4361 June 5, 1985 Martin Orenyak Housing Director 2965 Roosevelt St., Suite llB'* Carlsbad, CA 92008-2320 Dear Mr. Orenyak: SUBJECT: Contract No. SF-535 New Annual Contributions Contract for Section 8 Certificate Program Adding Project Nos. CA16-E077-008 Enclosed is subject contract and documentation necessary to effect its execution. Please adopt the Resolution and prepare the various documents exactly as set forth in the Instruction Sheet enclosed. Upon execution by the Government, a fully-executed copy will be sent to you. This new contract consists of a superseding Part I for the Housing Certificate Program and Part II Standard Terms and Conditions covering the Housing Certificate Program. The Moderate Rehabilitation Part I of your contract is not changed by this amendment. Should any questions arise concerning the contract or its execution please contact the attorney assigned to the Section 8 Certificate Program Legal Division at (213) 6884831. Sincerely, Dr. Benjamin F. Bobo Chief Counsel Enclosure CITY OF CARLSBAO Master Section 8 ACC Number: sFm5j5 ACC Part I Number: bk -535 ( t 1 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 8 EXISTING ANNUAL CONTRIBUTIONS CONTRACT - PART I for HOUSING CERTIFICATE PROGRAM 1.1. DEPINlTIONS. A. B. C. D. E. P. G. ACC. Annual Contributions Contract. Fiscal Year. ‘Ihe PHA Fiscal Year as specified in section 1.2.E of this ACC. HUD. U.S. Department of Housing and Urban Development. Maximum Annual Contribution Commitment. specified in section 1.2.C of this ACC. The amount PHA. Public Housing Agency. Program Receipts. Amounts paid by HUD to the PHA under this ACC for the PHA’s Housing Certificate Program, and any other amounts received by the PHA in connection with the program. Program Expenditures. Amounts which may be charged against Program Receipts in accordance with the ACC and HUD requirements. 1.2. EXISTING HOUSING CERTIFICATE PROGRAM. A. Projects. ‘Ihe PHA’s Section 8 Housing Certificate Program under this ACC consists of the projects listed in Exhibit I, each of which represents a funding increment for the,program. B. Number of Units (by number of bedrooms). To the maximum extent feasible, the PHA shalI enter into contracts for housing assistance payments for units under the PHA’s Housing Certificate Program in accordance with the unit distribution stated in this paragraph B- No substantial deviation, as determined by HUD, from this unit distribution is allowed without prior HUD approval. Page 1 of 5 pages HUD 52520 B (December 19841 C. D. E. Number of bedrooms 0 1 i 4 Number of Units 0 T3--- Maximum Annual Contribution Commitment. The Maximum Annual Contribution Commitment for all Program Expenditures shall be $ 1,322,940 l 00for each PHA Fiscal Year. (Insert amount equal to sum of the per project contract authority amounts listed in Exhibit I.) If the first fiscal year for a program funding increment is more than 12 months (see section 2.2-D of this ACC), the Maximum Annual Contribution Commitment for the program for the PHA Fiscal Year may be adjusted as determined by HUD by the addition of the pro rata amount applicable to the period in excess of 12 months. HUD may reduce the Maximum Annual Contribution Commitment by giving written notice of reduction to the PHA in accordance with section 2.3 of this ACC. Term-of ACC. The term of th’ji ACC shall begin on *dates will be filled in b: and shall end on (insert beginning date), ~~~t~~c~i~~e~k?~a’ . * -(insert last date). PHA Fiscal Year. The Fiscal Year for the PHA’s Housing Ce;t.i$ca$~~am shall be the l~!Zrn~~ zzti year (Insert same Fiscal Year ending date as for other section 8 kstance administered by the PHA-under an ACC with HUD.) 1.3. ANNUAL CONTRIBUTION. A. HUD shall pay the PHA an annual contribution for the PI-IA’s Housing Certificate Program in accordance with HUD regulations and requirements. The annual contribution shall be in the amount approved by HUD for the PHA Fiscal Year to cover the sum of: 1. The amount of housing assistance payments payable by the PHA. 2. The amount of PHA costs for program administration. The amount of the annual contribution by .&IUD may be reduced, as determined by HUD, by the amount Page 2 of 5 pages m 52520 B (December 1983) . . _ - - . . _ . . of Program Receipts (such as interest income1 other than annual contributions. B. Except as provided in section 1.3.C of this ACC, the annual contribution payment by HUD for any Fiscal Year shall not be more than the Maximum Annual Contribution Comnitment. C. An ACC reserve account may be established and maintained by HUD, in an amount as determined by EIUD consistent with its responsibilities under section 8(c)(6) of the Act. The ACX2 reserve account may be used by HUD for payment of any portion of the annual contribution payment approved by HUD for the PHAls Housing Certificate Program for a Fiscal Year which exceeds the Maximum Annual Contribution Conxnitment for the program. 1.4. ACC. A. This ACX consists of this ACC Part I (including Exhibit I) and the form ACC Part II prescribed by HUD for the Housing Certificate Program and Housing Voucher Program, designated as form HUD 52520 E, and dated December 1984. These documents constitute the whole ACC for the PIIA’s Housing Certificate Program. Page 3 of 5 pages HUD 52520 B (December 1984) B. This ACC supersedes any previous ACCs for the PHA’s Housing Cert i f icate Program. Matters relating to operation of the PHA’s Housing Certificate Program under a previous ACXZ shall be governed by this ACC. i Signatures: PUBLIC HOUSING AGENCY HOUSING AUTHORITY OF THE CITY OF CARLSBAD Name of PHA BY Signature Date signed Print or type name and official title of signatory UNITED STATES OF AMERICA SBCBETABY OF BGUSING AND URBAN DEVEl.OPMENT BY Signature Date signed JOE L. HIRSCH, DIRECTOR, HOUSING DEVELOPMENT DIVISION Print or type name and official title of signatory Page 4 of 5 pages HUD 52520 B (December 1984) 8 l ” . PROJECT NUMBER CA16-E077-001 . CA16-E077-003 CA16-E077-004 CA16-E077-006 CA16-E077-007 CA16-E077-008 ACXZ LIST NUMBER SF-76-509 SF-83-763 SF-78-488 SF-83-764 SF-78-728 SF-83-375 SF-83-507 SF-84-461 SF-85-111 Page 5 of 5 prigcs p, - EXHIBIT I EFFECTIVE DATE 10-29-76 l-30-84 3-l-79 l-30-84 3-l-79 l-30-84 l-30-84 2-19-85 CONTRACT AUTHORITY ($) Amended by $440,796.00 Atwnded by $163,812.00 Amended by $499,212.00 $ 42,780.OO $ 80,400.OO $ 95,940 .oo HUD 53520 ES (December 198-I) t , U. S. DEPAB’lMENT OF HOUSING AND UBBAN DEVELOPMENT SECTION 8 EXISTING ANNUAL CONTEIBUTIONS CONTRACT -- PART II for 2.1. HUD BEQUIWMENTS. A. The PHA agrees to comply, and shall require owners to CosnplY 9 with the U.S. Housing Act -of 1937 and all applicable HUD regulations and requirements (es now in effect and as may be amended or changed from time to time). B. The PHA she1 1 comply with its HUD-approved edministret ive plan, equal opportunity housing plan and application. C* The PHA shall use the forms required by HUD. D. The PHA shell proceed expeditiously with the Housing Certif icete Program or Housing Voucher Programs under this ACC. E. The term of any contract for housing assistance payments under the Housing Certificate Program or Housing Voucher Program shell end upon terminet ion of the m. 2.2. ANNUAIJ aXuTBIBUTION. A. The PHA shell submit to. HUD each year an estimate of the required annual contribution for the Housing Certificate Program or Housing Voucher Program. The estimate shall be submitted at such time and in such form as HUD may require, end is subject to HUD approval end revision. B. The PHA will requisition periodic payments on account of each annual contribution. The requisition shall be in the form prescribed by HUD. Each requisition shall include certification by the PBA that: Page 1 of 8 pages HUD 52520 E (December 1984) . : 1. Housing assistance payments have been made in ,’ accordance with contracts in the form prescribed by HUD and in accordance with HUD regulations and requirements; and ,’ 2. Units have been inspected by the PFIA in accordance with regulations and requirements. C. If HUD determines that payments by HUD to the PHA for a Fiscal Year exceed the amount of the annual contribution payable for the Fiscal Year, the excess shall be applied as determined by HUD (including, but not limited to, application of the .excess payment against the amount of the annual contribution for a subsequent Fiscal Year). The PHA shall take actions as required by HUD respecting the excess payment, and shall, upon demand by HUD, promptly remit the excess payment to HUD. D. The Fiscal Year for the programs under this Aoc shall be the Fiscal Year established by Part I of the ACE However, the first fiscal year for a program funding increment (“project”) shall begin on the effective date for the project as stated in Exhibit I of Part I of the ACC, and shall end on the last day of the PHA Fiscal Year which ends not less than 12 mont-hs after such date. 2.3. REDUCTIm IN IldAxIMClH ANNUAL COMBIBUTION UBMI’IMENT. A. Upon written not ice by HUD to the PHA, HUD may reduce the Maximum Annual Contribution Coumitment under this ACC for the PHA’s Housing Certificate Program or Housing Voucher Program to an amount determined by HUD: 1. If HUD determines that the PHA has defaulted in performance of any of its obligations under this ACC (including the obligation to comply with all regulations or requirements, or the obligation to proceed expeditiously with the programs under this ACC), or 2. In the case of amounts provided, as stated in the PEA’s Administrative Plan, for use in connection with a rental rehabilitation grant under the Rental Rehabilitation Program authorized by section 17 of the U.S. Housing Act of 1937, if HUD deobligates rental rehabilitation grant amounts. In such case, HUD -Y reduce the IUximum Annual Contribution Page 2 of 8 pages HUD 52520 E (December 1984) 2.4. USE OF PROCIWW RECEIPTS. 2.5. Conxnitment whether or not the PHA has defaulted in performance of any of its obligations under the ACC. B. The notice by HUD to the PHA shall specify the reduced Bfaximum Annual Contribution Comnitment under the ACC for the program. Where the Act specifies the unit distribution of the p&A’s program, the notice may specify a revised unit distribution. HUD notice of such reduction or revision shall constitute an amendment of the ACC, However, HUD shall not reduce the Maximum Annual Contribution Conxnitment below the amount necessary for dwelling units under contracts for housing assistance payments with owners on the date when the PHA receives the HUD notice. A. B. The PHA shall use the annual contributions and other Program Receipts in connection with the Housing Certificate Program or the Housing Voucher Program to provide decent, safe and sanitary housing for eligible families in compliance with the U.S. Housing Act of 1937 and all HUD regulations and requirements (as now in effect and as may be amended or changed from time to time) applicable to the program. For each Fiscal Year, the PHA shall submit to HUD for approval a proposed operating budget for each program under this ACC. The operating budget shall be submitted at such time and in such form as required by HUD. The PHA shall not make any Program Rxpendi tures except in accordance with an operating budget approved bY =, including any limitations, as specified in the budget approved by HUD, on the amounts of PHA costs of administration, or for housing assistance payments. WlogS OF ACCDUNT AND RRCORDS; REPORTS. A. The PHA shall maintain complete and accurate books of account and records for each program under this ACE. The books and records shall be in accordance with HUD requirements, and shall permit a speedy and effective audit. B. The PHA shall furnish HUD such financial, operating, and statistical 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, shall have Page 3 of 8 pages HUD 52520 E (December 1984) full and free access to all PHA offices and facilities, and to all the books, documents, papers, and records of the PHA that are pertinent to operation and management of the Housing Certificate Program or the Housing Voucher Program, including the right to audit, and to make excerpts and transcripts from the books and records. ,_ D. The PHA shall be responsible for engaging and paying an independent public accountant for the making of audits as required by HDD. The cost of audits required by HUD shall be chargeable against Program Receipts. 2.6. DEPOSITAKY. A. The PHA shall enter into one or more agreements, which are collectively called the “Depositary Agreement,” with financial institutions which are selected as depositary by the PHA, and whose accounts are insured by an agency of the Federal Government. The Depositary Agreement .shall be in the form prescribed by HIJD. B. All Program Receipts shall be promptly deposited with the Depositary under the Depositary Agreement unless otherwise required or permitted by HUD. The PHA may withdraw funds subject to the Depositary Agreement only for use in connection with the programs under this ACC in accordance with HUD regulations and requirements, or for other purposes permitted by HUD. No withdrawals shall be made except in accordance with a voucher or vouchers then on file in the office of the PHA stating in proper detail the purpose for which the withdrawal is made. c. As required’ by HUD, PHA funds in excess of current needs shall be promptly remitted to HDD or shall be invested l Interest bn” accordance with HDD requirements. the investment of PHA funds shall constitute Program Receipts under the ACC. D. The Depos i tarp Agreement shall provide that if required under a written notice from HUD to the Depositary: (11 t’h”,” Dee~~~ary~~~~~ll not permit any withdrawal by held under the Depositary Agreement unless withdrawals by the PHA are expressly authorized by written notice from HUD to the Depositary, and (2) the ,Deposi tary shall permit withdrawals of such funds by HDD, Such provision may not be abrograted or changed without written consent by HUD. Page 4 of 8 pages HUD 52520 E (December- 1984) 2.7. DEFAULT BY PIIA. 2.8. A. Upon written notice to the PIIA, HUD mY take possession of all or any PIIA property, rights or interests in connection with the programs. under this A=, including funds held under the Depositary Agreement, Program Receipts, and rights or interests under a contract for housing assistance payments with an owner, if IlDD determines that: 1. The PHA has failed to CornplY with aflY obligations under this ACC, or 2. The PIIA has failed to comply with obligations under a contract for housing assistance payments with an owner, or has failed to take appropriate act ion, to HIID’s satisfaction or as directed by BUD, for enforcement of the PIIA’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 PBA has made any misrepresentation to BUD of any material fact. B. BUD’s exercise or non-exercise of any right or remedy for PBA default of the ACC shall not constitute a waiver of BUD’s right to exercise that or any other right or remedy at any time. FIDELITY BQND COVEIMCE The PIIA shall carry adequate fidelity bond coverage, as required by IBID, of its officers, agents or employees handling cash or authorixed to sign checks or certify vouchers. 2.9. NONDISClWUINATION IN EDUSING. A. The PIIA shall CornplY with the nondiscrimination requirements of Title VI of the Civil Rights Act of 1964 prohibiting discrimination based on race, color or national origin and Executive Order 11063 with respect to those provisions prohibiting discrimination based on religion or sex, and with imlementing IIDD regulations. Page 5 of 8 pages HUD 52520 E (December 1984) . . ‘B. C. D. The PHA shall comply with Title VIII of the Civil Rights Act of 1968 which prohibits discrimination in the sale, rental or financing of housing on the basis of race, color, religion, sex or national origin and any implementing regulations. The PHA shall CornplY with Sect ion 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against handicapped persons who would otherwise qualify to participate in programs and, where applicable, the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age. Unwed parents, families with ohi ldren born out of wedlock, and recipients of public assistance shall not be excluded from participation in or be denied the benefit of the programs under this ACC because of such status, 2.10. A, The PHA shall not disarimiaate against any employee or applicant for employment because of race, color,’ creed, religion, sex, handicap or national origin. The PHA shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, cola?, creed, religion, sex, handicap or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. The PHA agrees to post in conspicuous places, available to employees and applicants for employment, not ices to be provided by HUD setting forth the provisions of this nondiscrimination clause. The PHA will in all solicitations or advertisements for employees placed by or on behalf of the PHA state that all qualified applicants will receive consideration for employment rithout regard to race, color, creed, religion, sex, handicap or national origin. The PHA will incorporate the foregoing requirements of this paragraph in all of its contracts for project work, except contracts for standard caxxnercial supplies or raw materials, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for project work. Page 6 of 8 pages HUD 52520 E (December 1984) _ - .-__. _ . ..-_- -. - - - ^. ,._~ _._ -. ---. .- _ 2.11. TRAINING, lM?IxIyMENT; AND WING OPPORTUNITIES POh BusnaEss AND IAm INaBlE PERScmS, The PHA shall comply with Section 3 of the Housing and Urban Development Act of 1968 and HUD regulations. To the greatest extent feasible, employment and training opportunities in connection with planning and carrying out any project assisted under the program shall be given to lower income persons residing within the unit of local government or the metropolitan area (or nonmetropolitan county), as determined by HUD, in which the project is located, and contracts for work to be performed in connection with any project shall be awarded to business firms which are located in or owned in substantial part by persons residing in the same metropolitan area (or nonmetropolitan county) as the project. 2.12, COOPERATION IN IQUAL OPKWKJNITY CCMPLIANCE REVIEWS. The PHA shall cooperate with HUD in conducting compliance reviews and complaint investigations pursuant to applicable civil rights statutes, Executive Orders, and related rules and regulations. 2.13. CXNFLICT OF INTEBEST PROVISIONS. A. Neither the PHA nor any- of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement, in connection with the programs under this Acx= 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 PHA (except a tenant couxnissioner). 2. Any employee of the PEIA who formulates policy or who influences decisions with respect to the programs. 3. Any public official, member of a governing body, or State or local legislator who exercises functions or responsibilities with respect to the programs. B. Any members of the classes described in paragraph A must disclose their interest or prospective interest to the PHA and HUD. C. The requirements of paragraph A may be waived by HUD for good cause. No person to whom a waiver is granted shall be permitted (in the capacity as member of a Page 7 of 8 pages HUD 52520 E (December 1984) *.d Y - . t x *. I class described in paragraph ‘A) 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. D. The provisions of paragraphs A through C of this sect ion shall not be applicable to the Depositary Agreement, or to utility service the rates for which are fixed or controlled by a govermnental agency. 2.14. INTEREST OF IUHUBER OF OR DELEGATE ‘I0 CDlUQiESS. No member of or delegate to the Congress of the United States of America or resident conmissioner shall be admitted to any share or part of this ACC or to any benefits which may arise from it. 2.15. EXCLUSION OF THIRD PARTY BIGETS. Nothing in the ACC shall be’ construed as creating any right of any third party to enforce any provision of this EC, or to assert any claim against HUD or the PIIA under this ACC. Page 8 of 8 pages HUD 52520 E (December 1984)