HomeMy WebLinkAbout1987-04-21; Housing & Redevelopment Commission; 78; Section 8 Housing ProgramHOUSING ANQ --: JBEVELOPMENT COMMISS.‘-N - AGENDA BILL Cl 1
AB# 78 TITLE: SECTION 8 HOUSING PROGRAM
MTG. J/21/87 ADDING PROJECT NO.
DEPT. =D CA16-E077-009 CITY MGR..k
RECOMMENDED ACTION:
If Housing and Redevelopment Commission concurs your action is to adopt Resolution No. 083 authorizing the Chairperson to execute documents for Section 8 Housing Assistance Program adding Project No. CA16-E077-009.
ITEM EXPLANATION
On April 6, 1987, the Housing and Redevelopment Department was notified of application approval from the Department of Housing and Urban Development (HUD) for allocation of additional housing certificates. The new project will provide an additional 20 units for subsidy in the following unit distribution:
UNIT SIZE
l-Bedroom
a-Bedroom 3-Bedroom 4-Bedroom
15 (5 Elderly) 5
TOTAL 20 (5 Elderly)
The Department of Housing and Urban Development will offer the Annual Contributions Contract (ACC) when all documents have been submitted and approved. Annual Contributions Contract Authority in the amount of $115,200 has been reserved for the above listed units and size. No general fund monies will be necessary to administer these new units.
The Housing and Redevelopment Commission is asked to approve the additional 20 units and direct the Chairperson to execute the necessary documents for implementation.
FISCAL IMPACT
An additional $115,200 in housing subsidy. Total fees continue to cover Housing Department expenses.
EXHIBITS
l- Resolution No. 083 2- Correspondence dated April 6, 1987 3- Annual Contributions Contract documents adding Project No. CA16-/E077-009
NOTE: The latest revised budget for Housing, before the additional 20 units mentioned in the agenda bill, is $1,287.783 for 285 units.
RESOLUTION NO. 083
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SUPERSEDING PART I AND PART II OF SECTION 8 HOUSING CERTIFICATE PROGRAM ANNUAL CONTRIBUTIONS CONTRACT NO. SF-535 E AND AUTHORIZING EXECUTION INCLUDING PROJECT NOS. CAl6-EO77-001/003/004/006/ 007/008/ AND 009
6 WHEREAS, the Housing Authority of the City of
7 Carlsbad (lIPHA") desires to enter into a superseding
8 Section 8 Annual Contributions Contract ("ACClt) with the
9 United States of America ("Government") for the Section
10 ji 8 Certificate Program.
11
IL2 I
WBEREAS, the Section 8 ACC must now be revised so
it will consist of the following counterparts:
A. Superseding Part I of the ACC, HUD 525208
(6/85)f applicable to the Section 8 Existing Housing Certificate Program.
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15
16
B. Superseding Par II of the ACC, HUD 52520E
(6/85)f applicable to Section 8 Existing Housing Certificate Program.
NOW, THEREFORE, BE IT RESOLVED, by the Commission,
18 / as follows:
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1. The Superseding Part I and Part II of the ACC for the Housing Certificate Program are hereby approved and accepted. The Chairperson or Acting Chairperson 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. 25 /I 2. This resolution shall take effect immediately.
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PASSED, APPROVED AND ADOPTED at a regular meeting
of Housing and Redevelopment Commission of the City of
Carlsbad, California, held on the 21st day of April,
1987, by the following vote, to wit:
AYES : Commissioners Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
ALETHAL. RAGE
. :
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.
-- - _e
CITY OF CARLSBAD
ACC Part1 Number: SF-535 E
US.DEPARThSENTOPHOUSRdGANDURBANDEVELOPMENT SECTION8EXlSTING
ANNQALCONTF?IBUTIONSCONTRACT-PART1
HOUSING CERTfFICATE PROGRAH .
A.
B.
C.
D.
B.
P.
G.
8.
ACC. Amud C- CW
PkdYear. ThePHAPiecalYtx~asqedfiedinaedimLZC~ thisACCPartL
HUD. US.Departrent~HaasirqandUrbnDew&qrgrt
Xadmum A~ralC~~dhthtCo~mitrent Seeeecdon LXD<f l3ds ACC.
PHA. PublkHcdngAgency.
ProQranRead#s Amads@dbyHUDtntb?PHAlnQrthis
ACC6atbeProgcam,adanyatberar~~~bytbePHA
in~withtbPrcqar.
PIogcamErpendihreg AmazWu~may&&ar~agabt Prrogcar Recei#s in 0 with the ACC ad HUD
xx!qxkrm
Page 1 of 6 pages RUD 52520 B (June 1985)
b
.I
.
LZ HOUSINGCERTIFICATEPROGRAH.
A. Pm$cts. ThePnqam uderthisACC~cfthepqjects ~inExhibkIcftSsACCPartI,eachcSvhi&repceeartsa fmdhqhxertmtfcrthcProgcam.
B. Terr~ACC6nProgam.Theterr~~ACC6atbeP~~9tam d-an.mdon 8 90 @xsstlastdatecfACCtmm. I&&&teisrat-ed&1l,
sigrahre ad the ACC by the PHA, W dab ray be entered
-&a=$~ by.HUD, w - =-w=--Y~--cy -anamendmentdttPACCPtiL)
C. PHAF5sxdYea~.
ACC. Ifttriscl&~mtenteced@atosigdme~tbe ACCbytkPHA,th?&teray&errteredm&wqx!dyby HUD,mda.rh WmtieWbyHtJDBban . . rrrhhlPmamefdmentdthbCCPart4 TbeW
rar+bpedodendksg debcbcalereu yeat. (EIextbedayandmanthdas~P~Yea: endingdatefKxothersection8-adminisbacedLy th?PHAuderzmACCwithHUD~
D. Nurk c# Urd?s @q number d k&am@. To the madmum e~hmibile,tbPHA&dlenter~axkrSbkXhorslnq . ~~1~yxtyScrmib3udkrtl~P~arinaaPcdancm . uithtbemik- s&bdintbisedcm. Nomddmtbl &vi&m,asdetec~inedbyHUD,~atMsurit~is dllwed-*HUD-
Nurber ce tedrooms NurberdUnb
0
T 41
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Page 2 of 6 pages HUD 52520 B (June 1985)
1.3. ANNUAL CONTRIBUTION.
HUD shall pay the PHA annual for the Program in accordance with
HUD regulations and requirements.
B. Amount and Purpose. The annual contribution for the Program for a Fiscal Year shall be in the
amount approved by HUD for the Piscal Year to cover:
1. The amount of housing assistance payments by the PEA.
2. The amount of PHA costs for Program administration.
The amount of the annual contributions by HUD may be reduced, as determined by HUD, by the amount
of Program Receipts (such as interest income) ,otber than annual contributions.
c. Limit on Payments for Program. Except for
payments fra the ACC reserve account as provided in section 1.3.P of this ACC, the annual : contribution payment by HUD for the Program for any Fiscal Year shall not be more than the Warimum Annual Contribution Commitment for the
Program in effect during the Fiscal Year.
D. Xaxirum Annual Contribution Commitment for Progfam. The Maximum Annual Contribution
Commitment for the Program for each PHA Fiscal Year shall be equal to-the sum of the contract
authority amounts reserved by EQD for the
projects in the Program, The amount of contract authority reserved for each project in the
Program is stated in Exhibit I of this ACC Part I (subject to reduction in accordance vith section 1.3-E and section 2.3 of this ACC). If tbe first Piscal Year for the Program is more than 12 months, the Maximum Annual Contribution Caapitment for the, Program for the first Fiscal Year ray be adjusted in an amount as determined by EUD by the addition of the pro rata amount applicable to tbe period in excess of 12 rontbs.
Page 3 of 6 pages HUD 52520 B (June 1985)
E. Reduction of munt Payable. HUD may reduce the
amount of the annual contributions payable by HOD
for any project or for the Program-&d ray -
reduce the amount of the contract authority for
any project, by giving the PHA written notice of
reduction to the PM in accordance with section 2.3 of this ACC. The notice by HUD ray include a
revision of Exhibit I of this ACC Part I to
reflect the reduction in the amount of contract
authority for a project. HUD notice of the revision shall constitute an amendment of Exhibit I and the revised Exhibit S supersedes any previous Exhibit I for the Program.
?. ACC Reserve Account. An ACC reserve account
shall be established and maintained by HUD, in an
amount as determined by HUD consistent with its
responsibilities under section 8(c) (6) of the
U.S. Housing Act of 1937. The ACC reserve -- --- account ray be used by HUD for payment of any portion of the annual contribution payment approved by HUD.
1.4. ACC.
c *
A. This ACC 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 June 1985. These documents
constitute the vhole ACC for the Program.
Page 4 of 6 pages HUD 52520 B (June 1985)
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8. This ACC supersedes any previous ACCs for the Program. Matters relating to operation of the
Program under a previous ACC shall be governed by this ACC.
Signatures:
PUBLIC HOUSING AGENCY
HOUSING AUTHORITY OF THE CITY OF CARLSBAD
-- --WHTBDSTATES OF AMERICA
SECRETARY OF HOUSING AND URBAN DEVELOPMENT .
BY Signature Date signed
Director, Housing Development Division
Print or type nare and official title of signatory
Page 5 of 6 pages HUD 52520 B (June 1985)
City of Carlsbad ACC Part I Number: SF-535 E
EXHIBIT I
PROJECT
NUMBER
ACC LIST CONTRACT PROJECT ACC
NUMBER AUTHORITY ($1 EFFECTIVE DATE
CA16-E077-001 SF-76-509
SF-83-763
CA16-E077-003 SF-78-488
SF-83-764
CA16-E077-004 SF-78-728
SF-83-375
CA16-E077-006 SF-83-507 CA16-E077-007 SF-84-461 CA16-E077-008 SF-85-111
SF -85-398 CA16-E077-009 SF-86-284
Amended by
$440,796.00
Amended by
$163,812.00
Amended by $499,212.00 $ 42,780.OO $ 80,400.OO
Amended by $122,280.00 $115,200.00
UNITED STATES OF AMERICA
SECRETARY OF HOUSING AND URBAN DEVELOPMENT
BY:
Director, Housing Development Division
10-29-76 01-30-84 03-01-79 01-30-84 03-01-79 01-30-84 01-30-84 02-19-85
02-12-86
Date signed
Page 6 of 6 HUD 52520 B (June 1985)
U. S. DBPARTHENT OF BOOSING AND URBAN DEVELOPHEWl'
SECTION 8 EXISTING
N'INUAL CONTRIBUTIONS CONTRACT -- PART II
for
EOUSING CE#rIFIC!ATJZ PROGRAM AND BOWING VOUCEER PROGRAJ4
2.1. BUD RRQuxRIimENTs.
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8.
C.
D.
The PBA agrees to comply, and shall require owners to --ply I with the requirements of the U.S. Housing Act
of 1937 and all applicable BUD regulation8 and other requirements, including any amendments or cbangts in tbe Act of HUD requirerents.
The PHA shall ==PlY with its HUD-approved administrative plan, equal opportunity housing plan and HUD-approved applications for the Programs.
The P5A shall use the forms required by BUD.
The PM shall proceed expeditiously with tbe Programs under this ACC.
2.2. ANNUAL CONTRIBUTION.
A.
8.
The PEA shall submit to BUD each ?iscal year an e8tiratc of the annual contribution required for tbe Programs. The annual contribution estimate, md suplprting data for tbe estimate, shall be subitted at such time and in such form a8 EUD may require, and ate subject to BUD approval and revision.
The PEA vi11 requieitlon periodic payments on account of each annual contribution. The requisition eball be in the form prescribed by HUD. Each requisition shall include certification by the PEA that:
Page 1 of 9 pages HUD 52520 E (June 196s)
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. 1. Housing assistance payments have been made in accordance with contract8 in the fofr prescribed by BUD and in accordance with BUD requirementma and
2. Units have been inspected by the PEA in accordance with UUD requirements.
c. If BUD determine8 tbat payment8 by EUD to the PEIA for a i, i SC%1 Year exceed the amount of tbe annual contribution approved by BUD for the Piecal Year, the excess shall k applied au determined by HUD. Such application8 determined by BfJn may include, but are not limited to, application of the excess payment against the amount of tbe annual contribution for a
SubS@qUent F'lecal Year. The PM 8hall take any actions required by RUD respecting the excess payment, and ohall, upon demand by BUD, praptly ruit the @!XCiSS fMyIMt t.0 BUD. .--
2.3. REDUCTION I#ANNUALCO#TIUBUTIOUS PAYABLEBYEUD.
A. I Upon written notice by BUD to tbe PM, HUD may reduce 1 to M amount determined by BUD tbe uount of the annual contribution8 payable for any project or for the Program, and ray reduce to an mount determined by HUD the contract authority reserved by BUD for any project included in the Program:
1. If BUD determines that the PRA bas failed to amply with any obligation8 under tbe ACC, or
2. In the case of amounts provided for u6e in connection rith a rental rehabilitation grsnt under the Rental Rehabilitation Progru lauthorixed by section 17 of tbe 0.8. Bou8ing Act
of 1937, if EOD deobligrrtm rental
rehabilitation grant MOUtltS. If BUD
deobligates rental rehabilitation grrnt MOWItS, HUD may reduce tbe annurl amtribution8 p8yrble and the contract authority ra8erved rbetbcr or not the PEA b88 failed to amply ritb any
obligation8 under the ACC.
Page 2 of 9 pages IWD 52520 E (June 1985)
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B. The notice by HUD to the PEW shall state any reduction, pursuant to section 2.3-A of the XC, in the amount of the annual contribution6 payable for any project or for the Program, and shall state any reduction in the amount of contract authority reserved by HUD for a project. The notice may specify a revised unit diotribution. HUD notice of reduction or revision Shall constitute an amendment of the ACC. However, HUD shall not reduce the amount of annual contribution6 payable by HUD for any project or for the Program, and shall not reduce the amount of contract authority reserved by HUD for a project, below the amount, as determined by HUD, necessary for dwelling units under contract6 for housing assistance payments with owner6 on the date when the PEiA receives the HUD notice,
2.1. USE OF PROGRAM RECEIPTS.
A. The PHA Shall use Program Receipt6 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 Receipt6 ray only be used
to pay Program Expenditures.
B. The PHA shall not make any Program Expenditures except in accordance with the annual contribution estimate and supporting data for such estimate as approved by
HUD.
C. The PEA shall maintain an Operating Reserve account that shall be credited with the amount by which the total of administrative fees earned and interest earned on the Operating Reserve exceed PHA administrative expenses during a Fiscal Year. In subsequent years, the PM must use fund6 in the Operating Reserve to pay administrative expenses in excess of Program Receipts. Notwithstanding the
provisions of section 2-4-A, if there remain fund6 in the Operating Reserve, the PDA may use such funds for
other housing purposes consistent with State and local law, However, HUD may prohibit u6e of funds in the
Operating Reserve for other hOuSing purpose6 if the
PM i6 not adequately administering its Housing
Certificate Program or it6 Houning Voucher PrOgrm Or
has failed to comply with any of it6 obligations under
the ACC,
Page 3 of 9 page6 HUD 52520 E (June 1985)
2.5. BOOKS OF ACCOUNT AND RECORDS; REPORTS.
\ A. The PRA shall maintain complete and accurate book6 of account and records for the Program. The books and records shall be in accordance with HUD requirements, and shall permit a speedy and effective audit.
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B. The PHA shall furnish HUD such financial, operating,
and statistical reports, records, statements, and document6 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 full and free access to all PHA offices and facilities, and to all the books, documents, papers, and record6 of the PRA that are pertinent to operation and management of the Program, including the right to audit, and to make excerpts and transcripts fra the book6 and records.
D. The PHA shall be responsible for engaging and paying an independent public accountant for the making of - audits as required by HUD. The cost of audit6 required by HUD may be charged against Program Receipts.
2.6. DXPOSITARY.
A. The PHA shall enter into one or more agreements, which are collectively called the .Depositary Agreementlm with financial institution6 uhich are selected a6 depositary by the PHA, and whose accounts are insured by an agency of the Federal Government. The
Depositary Agreement shall be in tbe form prescribed
by HUD, and the PHA shall furnish to HUD such copies of the Depositary Agreement a6 HUD may require.
B. All Program Receipts shall be promptly deposited with the Depositary under the Depositary Agreement unless otherwise required or permitted by HUD. The PM may
uithdraw Program Receipt6 subject to the Depositary
Agreement only for use in connection with tbe Program
in accordance with HUD regulation6 or other
requirements. No withdrawal shall be made except in accordance with a voucher on file in the office Of the PHA stating in proper detail the purpose of the uithdraual.
Page 4 of 9 pages HUD 52520 E (June 1985)
c. A6 required by BUD, PHA funds in excess of current
needs shall be promptly remitted to ECJD or shall be invested in accordance with BUD requirements. Interest on the inve6tment of Prograa Receipt6 eball
constitute Progran Receipts.
D, The Depositary Agreement shall provide tbat the provisions of the Depositary Agreement may not be
terminated OK changed without written consent by BUD,
and that if required under a written notice from BUD to the Depositary, (1) the Depositary shall not permit any withdrawal by the PfW of fund6 held under the Depositary Agreement unless withdrawals by the PM are espressly author ized by written notice fra HUD to tbe Depositary. and (2) tbe Depool tary sball permit rltbdrawals of such fund6 by BUD.
B. If approved by BUD, the PEA may deposit under the Depositary Agreement monies received or beld by tbe
--- PHA in connection with any contract between tbe PM and BUD.
2.7. DEPAaT BY PEA.
A. WFn uritten notice to the PFiA, HUD may take possession of all or any PEA property, rigbts or interests in connection uith the Program, including funds held under tbe Depositary Agreement, Program Receipta, and rights or interests under a contract for
bowing. ascristance payment6 uitb an owner, if HOD determines that:
1. The PW baa failed to -Ply with any obligations under this ACC, or
2. The PEA bae failed to -ply with obligation6 under a contract for bouoing aeeistance payments with an owner, or has failed to take appropriate action, to HUD’s satisfaction or as directed by
Bm, for enforcement of tbe PHA’s rights under a contract for housing l esistance payments (including requiring actions by the ounet to cure a default, termination or reduction of housing assistance payments, termination of the contract for boueing assistance paymentil, Or
recovery of overpayments), or
Page 5 of 9 pages HUD 52520 E (June 1985)
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3. The PBA hao made any rimrepremntation to BUD of any material fact.'
FfUD shall insue a notice to the PEA giving the PHA a reasonable opportunity to take corrective action
before RUD taker pormersion of PHA property, right* or intereteta under thim rection 2.7.X.
8. If RUD ham taken poesemaion of PEA property, rights, or interesta under l oction 2.7-A, RUD rhall redeliver possession of the property, rightm or interemto am
constituted at the time of the return when EUD +rn matirfled that all default6 have been cured, and that the Program will thereafter be adrinimtered in
accordance with thim ACC.
c. EiUD'm sxercire or non-exorcire of any right or remedy under the ACC l hell not cormtitute a waiver of 8UD'e
right to exercire that or any other right or rowdy rt any tire.
D. During the term of thie ACC, EDD ohall continua to pay
annual contributione for the purpore of making houmlng aarimtsnce payments with respect to duelling units
under contracts with ounerm, entered into by the PEA
in the form prescribed by EUD and in accordance with HUD regulation8 and other requlrerenta. The houring
aamimtance payrentr l hall be made in accordance with the teru of much contracta.
2.8. PIDBLITY BOB0 wt.
I The PRA l hall carry adequate fidelity bond coverage, am
2.9.
A. The PEA l hall comply with the nondiocrilination rqutr~wontm of Tatlo VI of thm Civ%l Right. Act of: 1964 prohibiting diucrlri-tion bared on race. or national origin and color Bxecutivs Order 11063 with respect to thome provlmfonm prohibiting dimcrirination based dn religion or sex. regulation@. and with lrpleronting HUD
B. The PEA l hall corply with Title VIII of the Civil Righta Act of 1968 which prohibits diwxirination in the eald, of race, rental or financing of houming on the bamlrr color, religion, l er or national origin and with any lmplawntlng regulatlonr,
Page 6 of 9 pagee HUD 52520 E (June 19635)
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c. The PEA shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against handicapped persons who uould otherwise qualify to participate in the Program and, where applfcable, the Age Discrimination Act 0 of 1975, as amended, UhiCh prohibits discrimination on the basis of age.
D. Unwed parents, families with children born out of wedlock, and recipients of public assistance shall not be excluded fr<lr' participation in or be denied the benefit of the Program because of such status.
2.10. BQUAL RXPLOYKENT OPPORTU?IITY.
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A. The PBA shall not discriminate against any employee or applicant for emplaymerrt because of race, color, creed, religion, sex, handicap or national origin. The PFIA shall take affirmative action to ensure that applicants are employed, and that employees are treated during erplayrent, uitbout regard to race, mlor, creed, rel Igion, 8er, bandf cap or art ional or iqin. Such action shall include, but not be limited
to, the follouing: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or terminations rates of pay or other forms of compensation; and selection for training, including apprenticeship.
8. The PM agrees to post in conepicuous places,
available to employees and applicants for employment, notices to be provided by &RID setting forth the provisions of this nondiscrimination clause, The PM will in all solicitat ions or advertisements for
employees placed by or on bhalf of the PEA state that all- qualified applicants will receive consideration for employment rithout regard to race, color, creed, religion, sex, handicap or national origin. The PEA
will incorporate the foregoing requirements of this paragraph in all of fts mntracts for project wrk, except contracts for standard mmmerclal supplies or
raw materials, and will require all of its contractors
for such work to incorporate such requirements in all subcontracts for project work.
te!EG!E!~E-~~L~-~L- - AND COR'TRACYI19G OPPOHTDNITIES FOR
BUSINESS ARD-?%&+-i~~HR PERSkI% -- -.--
The PEA shall comply uitb Section 3 of the Housing and Urban Develolpent Act of 1968 and BUD regulations. To the
greatest extent feasible, employment and training
Page 7 of 9 pages HUD 52520 E (June 1985)
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opportunities in connection with planning and carrying out any project. assisted under tbe Progrm shall be given to lower income persons residing within the unit of local governrent or the metropolitan area (or nonretropolitan mwty), as deterrlned by HUD, in which the project is located, and mnt racts for work to be performed in connection uith any project shall be awarded to business firms ubich are located In or owned in substantial part by persons residing in the same metropolitan area (OL nonmetropolitan county) as the project.
2.12, COOPERATION IN BQoAL OPPORTUNITY COMPLIANCE REVIEWS.
The PW shall cooperate with BUD in conducting compliance reviews and msplsint investlgations pursuant to applicable civil rigbta statutes, Executive Orders, and related rules and regulations.
2*.-l& CONPLICT Ol’ INTBRBST PROVISIONS.
A* Neither the PBA nor any of its contractors or their subcontractors eball enter into l ny contract, subcontract, or arrangement, in connection uith the Program in uhicb any of the follouing classes of persons bas an interest, direct or indirect, during tenure or for one year tbereaftert
1. Any prelrent or former member or officer of the PRA (except a tenant commi8sioncr).
2. Any employee of the PHA rho formulates policy or
ubo influences deciaione with respect to the
Program.
3. Any public official, member of a governing kdy,
or State or local legi8lator rho esetrcises
functlcins or responsibilities with respect to
the Program.
B. Any members of tbe clasees described in paragraph A
must disclose tbe1r interest or prorpectlve interwt to the PM and BUD.
C. The requirements of section 2.13-A may be waived by NUD for good cause. No person to rhor .a rafver is
granted sball be permitted (in the capacity as member of a class described in section 2.13.A) to exercise
responsibilities or functions ui th respect to a
contract for housing assistance payments executed, or
to be executed, on his or ber behalf, or uitb respect to a mntract for housing assistance payments to ubich this person is a party.
Page 8 of 9 pages HUD 52520 E (June 1985)
D. The provisions of section 2.13.A, section 2.13.8 and sect ion 2.13-C shall not be applicable to the Depositary Agreement, or to utility service the rates for which are fixed or controlled by a gowerzmental agency.
2.14. ~J!WEREST OF MEMBER OF OR DELBCATR 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 ACC or to any benefits which ray arise frm it.
2.15. EXCLUSION OF TEIRD PARTY RIGITS.
Nothing in the ACC shall be construed as creating any right of any third party to onforce my ptooiaion of thin ACC, or to assert any claim againat BDD or the PEA under this ACC. - - ---
Page 9 of 9 pages HUD 52520 E (June 1985)