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6.3 HUD Contact Amend 3 CITY OF SALINA '~'~ SS REOUEST FOR ~,.,f,MI ION ACTION DATE 11-25-85 TIME /q:O0 P.M. , .,~-,~ur. SECT]ON: NO. 6 Consent i TEM NO. .5 DEPA~, .-~EN I. ORIGINATING ¢ -' Housing Authority of the City of Salina, Kansas R. Abner Perney BY: Executive Director APPROVED FOR AGENDA: A Resolution Authorizing the Mayor or City Manager to execute Amendment No. Three (3) to the Department of Housing and Urban Development Annual Contributions Contract KC-7015. This Amendment adds twenty (20) units to the Housing Authority Program as a result of the approval of the application dated November 7, 1984. COMMISSION ACTION MOTION BY SECOND BY TO: SALINA, KANSAS Part One No. 4 Amendment No. 3 ACC PartI Num~e~. KC-7015 E U.~. DEPARTMENT OF HOU-~qG AND URBAN DEVELOPMENT SECTION 8 EX~TING ANNUAL CONTRIBUTIONS CONTRACT -- PART BOUSING CERTIFICATE PROGRAM DE~ONS. A. ACC. Ar~,~l C~z~utk~s C=~ra~t B. F~cal Y~. The PHA F~cal Year as s~ in sectint~ L2.C cf ~ ACC PartL C. HUD. U.~. Departm~ of Hou~h~ and U~n De~e]mpm~ D. Maximum Ann,~l C~h~on Commitme~. See sectk~ ]-~D Cf t~s ACC. I~. PHA. ~ Hc~g Ager~y. F. Pzogram. The PHAes Hot~ir~ Certifui=~ Pzo~am. Pzogram Rec~/ptr~ Amo~[.% I~{~ by HUD ~o the PHA m~]ex this ACC f~x tl~ Program, m%d any other amounts zecei~d by ~h. PHA ~n co~ with the Program. Pn:x]ram Expe~es. Program R~ in zequirem~ Amou,~ wbid~ may he char~ against ac~~ with t~ ACC 4m%d HUD Page 1 of 6 pages HUD 52520 B (June 1985) 1-2. ItOU-_~'IN G CERTIFICATE PROGRAM. Pzo~cir~. The Pzoc3~am ~ this ACC oor~is~ of tt~ lXC~ ~ in Exhikit I of this A C C Part L each ~f which r~sTr~-----------nts a f:mding ir~xemer~ f~x the Program. Bo Te~m of ACC f~r Proclram. The term of rigs ACC frr the Pzogram shall end on - (Insert ~ ~ of ACC ~m. If this date is r~t ent~ed tzk~ t° signature of tt~ ACC by t/~ PHA, the date may be er~__~ed HUD s~ comXiixte an amendment d ti~ ACC Part L) C. PHA F/sca1 Year. 1_ ACC. If this date is not entered t~k~ ~o s~e °f th~ ACC by the PHA, tl~ date may be e~t, red sul~ecluen~ly by HUD, and such su~equent erfczy c~ tt~ date by HUD copst/b2~ an amendment of the ACC Part L) The f/z~t F/sca1 y_..m- f~c the Pzogram ~]3 end on the ~a=t day of t~e PHA F/sca1 Year whir-h ends not ]~ than 12 mcr~hs, ~ar. ~ ~ day ar~:3 mon{:/~ used as ~w, F~sml Year ~ ~ fxx ~ se<+~_ 'nn 8 ~ adm~ed by ~ PHA ~ an ACC ~ HUD.) Number of Urlm ~ number of k~lroom~. To tl~ mluimum e~ ~, ~ PHA ~ ~ ~ ~~ ~ ~ ~ ~~ ~ ~ ~ ~ P~am ~ ~~ ~~ ~ ~m~ ~ HUD, 5om ~ ~~ ~ .~ ~ ~ HUD ~~ NOra bet of bedroom Number of Ur~t~ 0 1 42 (FI.. 2 55(F) 3 33(F) . 4 15(F) TOTAL UNITS = 145 Page 2 of 6 pages HUD 52520 B (June 1985) 1.3. ANNUAL CONTRIBUTION. A. Payment. HUD shall pay the PHA annual contributions 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 Fiscal Year to cover: 1. The amount of housing assistance payments by the PHA. 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) other than annual contributions. Limit on Payments for Program. Except for payments from the ACC reserve account as provided in section 1.3.F of this ACC, the annual contribution payment by HUD for the Program for any Fiscal Year shall not be more than the Maximum Annual Contribution Commitment for the Program in effect during the Fiscal Year. D. Maximum Annual Contribution Commitment for Program. 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 HUD 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 ! (subject to reduction in accordance with section 1.3.E and section 2.3 of this ACC). If the first Fiscal Year for the Program is Bore than 12 months, the Maximum Annual Contribution Commitment for the Program for the first Fiscal Year may be adjusted in an amount as determined by ~ by the addition of the pro rata amount applicable to the period in excess of 12 months. Page 3 of 6 pages HUD 52520 B (June 1985) 1,4. ACC. Reduction of Amount Payable. HUD may reduce the amount of the annual contributions payable by HUD for any project or for the Program, and may reduce the amount of the contract authority for any project, by giving the PHA written notice of reduction to the PHA in accordance with section 2.3 of this ACC. The notice by HUD may include a revision of Exhibit I of this ACC Part ! to reflect the reduction in the amount of contract authority for a project. HUD notice of the revision shall constitute an amendment of Exhibit ! and the revised Exhibit I supersedes anY previous Exhibit ! 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 may be used by HUD for payment of any portion of the annual contribution payment approved by HUD. This ACC consists of this ACC Part ! (including Exhibit I) and the form ACC Part II prescribed by ltUD for the Housing Certificate Program and Housing Voucher Program, designated as form BUD 52520 E, and dated June 1985. These documents constitute the whole ACC for the Program. Page 4 of 6 pages HUD 52520 B (June 1985) 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 CITY OF SALINA, KANSAS Name of PHA Signature Date signed Print or type name and official title of signatory ~NITED STATES OF AMERICA SECRETARY OF HOUSING AND URBAN DEVELOPMENT Signature Date signed STEVE ISRAELITE, DIRECTOR OF PUBLIC HOUSING Print or type name and official title of signatory Page 5 of 6 pages HUD 52520 B (June 1985) ACC Part I Number: KC-7015- E PROJECT ~3MBER ACC LIST NUMBER EXHIBIT I AUTHORITY ($) PROJECT ACC EFFECTIVE DATE KS40E038001 KS16E038002 KS16E038003 KC-78-106 KC-81-166 KC-85-171 $174,912 $ 61,oso $ 53,040 06/22/78 08/31/81 UNITED STATES OF AMERICA SECRETARY OF HOUSING AND URBAN DEVELOPMENT bate signed Page 6 of 6 pages HUD 52520 B (June 1985) EXHIBFF Il - UNITS BY PROJECT/FAMILY TYPE/BEDROOM SIZE HOUSING AUTHORITY OF SALINA, KS (Public Housing Agency) PROJECT NUMBER KS40E038001 KS16E038002 KS16E038003 ELDERLY FAMILY 0 BR 1BR 2 BR 1BR 2 BR 3 BR 22 40 23 15 10 20 42 55 33 4 BR 15 15 5 BR TOTAL FOR ALL PROJECTS GRAND TOTAL - 145 SALINA, KANSAS Amendment No. 3 Part One No. 4 U. S. DEPARTMENT OF ~IOUSING AND URBAN DEVELOPMENT SECT/ON 8 EXISTING ANNUAL CONTRIBUTIONS CONTRACT -- PART for HOUSING CERTIFICATE PROGRAM AND I~OUSING VOUCHER PROGRAM 2,2. HUD REQUIREMENTS. The PRA agrees to comply, and shall require owners to comply, with the requirements of the U.S. Housing Act of 1937 and all applicable HUD regulations and other requirements, including any amendments or changes in the Act or HUD requirements. The P~A shall comply wi th i ts HUD-approved administrative plan, equal opportunity housing plan and HUD-approved applications for the Programs. C. The PfIA shall use the forms required by HUD. D. The PHA shall proceed expeditiously with the Programs under this ACC. ANNUAL CONTRIBUTION. The PRA shall submit to HUD eaCh Fiscal Year an estimate of the annual contribution required for the Programs. The annual contribution estimate, and supporting data for the estimate, shall be submitted at such time and in such form as HUD Bay require, and are subject to HUD approval and revision. The PRA will requisition periodic payments on account of each annual contribution. The requisition shall be in the form prescribed by itUD. Each requisition shall include certification by the P~IA that: Page 1 of 9 pages HUD 52520 E (June 1985) 2,3. Housing assistance payments have been made in accordance with contracts in the form prescribed by HUD and in accordance with HUD requirements; and Units have been inspected by the PHA in accordance with HUD requirements. Ce If HUD determines that payments by HUD to the PHA for a Fiscal Year exceed the amount of the annual contribution approved by HUD for the Fiscal Year, the excess shall 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 contribution for a subsequent Fiscal Year. The PHA shall take any actions required by HUD respecting the excess payment, and shall, upon demand by HUD, promptly remit the excess payment to HUD. REDUCTION IN ANNUAL CONTRIBUTIONS PAYABLE BY HUD. A. Upon written notice by HUD to the PHA, HUD may reduce to an amount determined by HUD the amount of the annual contributions payable for any project or for the Program, and may reduce to an amount determined by HUD the contract authority reserved by HUD for any project included in the Program: ~f HUD determines that the PHA has failed to comply with any obligations under the ACC, or In the case of amounts provided 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. If HUD deobligates rental rehabilitation grant amounts, HUD may reduce the annual contributions payable and the contract authority reserved whether or not the PHA has failed to comply with any obligations under the ACC. Page 2 of 9 pages HUD 52520 E (June 1985) 2,4. Bo The notice by HUD to the PRA shall state any reduction, pursuant to section 2.3.A of the ACC, in the amount of the annual contributions payable for any project or for the Program, and shall state any reduction in the a~ount of contract authority reserved by HUD for a project. The notice may specify a revised unit distribution. HUD notice of reduction or revision shall constitute an amendment of the ACC. However, HUD shall not reduce the amount of annual contributions payable by HUD for any project or for the Program, and shall not reduce the a~ount of cont.ract authority reserved by HUD for a project, below the amount, as determined by HUD, necessary for dwelling units under contracts for housing assistance payments with owners on the date when the P~A receives the HUD notice. ~SE OF PROGRAM RECEIPTS. The PHA shall 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 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. The PHA 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 PHA must use funds in the Operating Reserve to pay administrative expenses in excess of Program Receipts. Notwithstanding the provisions of section 2.4.A, if there remain funds in the Operating Reserve, the PHA may use such funds for other housing purposes consistent with State and local law. However, HUD may prohibit use of funds in the Operating Reserve for other housing purposes if the PHA is not adequately administering its Housing Certificate Program or its Housing Voucher Program or has failed to comply with any of its obligations under the ACC. Page 3 of 9 pages HUD 52520 E (June 1985) 2.5. BOOKS OF ACCOUNT AND RECORDS; REPORTS. A. The P~IA shall maintain complete and accurate books 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. The PItA 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. 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 records of the PHA that are pertinent to operation and management of the Program, including the right to audit, and to make excerpts and transcripts from the D~oks and records. 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 audits required by HUD may be charged against Program Receipts. 2.6. DEPOSITAR¥. 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 HUD, and the PHA shall furnish .to HUD such copies of the Depositary Agreement as HUD may require. 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 Program Receipts subject to the Depositary Agreement only for use in connection with the Program in accordance with HUD regulations 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 withdrawal. Page 4 of 9 pages HUD 52520 E (June 1985) As required by HUD, PHA funds in excess of current needs shall be promptly remitted to HUD or shall be invested in accordance with HUD requirements. Interest on the investment of Program Receipts shall constitute Program Receipts. D. The Depositary Agreement shall provide that the provisions of the Depositary Agreement may not be terminated or changed without written consent by HUD, and that if required under a written notice from HUD to the Depositary, (1) the Depositary shall not permit any withdrawal by the PHA of funds held under the Depositary Agreement unless withdrawals by the PHA are erpressly authorized by written notice from HUD to the Depositary, and (2) the Depositary shall permit withdrawals of such funds by HUD. If approved by BUD, the PtIA may deposit under the Depositary Agreement monies received or held by the PHA in connection with any contract between the PHA DEFAULT BY PHA. A. Upon written notice to the PHI, BUD may take possession of all or any PHI property, rights or interests in connection with the Program, including funds held under the Depositary Agreement, Program Receipts, and rights or interests under a contract for housing assistance payments with an owner, if HUD determines that: 1. The PHA has failed to comply with any obligations under this ACC, or The PHA 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 PHA'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 Page 5 of 9 pages HUD 52520 E (June 1985) 2.8. 2.9. The PHA has made any misrepresentation to HUD of any ~aterial fact· HUD shall issue a notice to the PHA giving the PHA a reasonable opportunity to take corrective action before HUD takes possession of PHA property, rights or interests under this section 2.7.A. If HUD has taken possession of PHA property, rights, or interests under section 2.7.A, HUD shall red,liver possession of the property, rights or interests as constituted at the time of the return when HUD is satisfied that all defaults have been cured, and that the Program will thereafter be administered in accordance with this ACC. HUD's exercise or non-exercise of any right or remedy under the ACC shall not constitute a waiver of HUD's right to exercise that or any other right or remedy at any time. De During the term of this ACC, HUD shall continue to pay annual contributions for the purpose of making housing assistance payments with respect to dwelling units under contracts with owners, entered into by the PHA in the form prescribed by HUD and in accordance with HUD regulations and other requirements. The housing assistance payments shall be made in accordance with the terms of such contracts. FIDELITY BOND COVERAGE. The PHA shall carry adequate fidelity bond coverage, as required by ~UD, of its officers, agents or employees handling cash or authorized to sign checks or certify vouchers. NONDISCRIMINATION IN HOUSING. The PHA shall comply 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 i~plementing HUD regulations. 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 with any implementing regulations. Page 6 of 9 pages HUD 52520 E (June 1985) Z m The PHA shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against handicapped persons who would otherwise qualify to participate in the Program and, where applicable, the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age. Unwed parents, families with children born out of wedlock, and recipients of public assistance shall not be excluded from participation in or be denied the benefit of the Program because of such status. 2.10. EQUAL EMPLOIgiENT OPPORTUNITY. The PHA shall not discriminate 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, color, creed, religion, sex, handicap or national origin. Such action shall include, but not be limited to, the follc~ing: 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. 2.11. B. The PIIA agrees to post in conspicuous places, available to employees and applicants for employment, notices 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 PBA state that all qualified applicants will receive consideration for employment without regard to race, color, creed, £eligion, 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 commercial supplies or caw materials, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for project work. TRAINING~ EMPLOYMENT ~ AND CONTRACTING OPPORTUNITIES BUSINESS AND LOWER INCOME PERSONS. FOR The PHA shall comply with Section 3 of the Housing and Urban Development Act of 1968 and HUD £egulations~ To the greatest extent feasible, employment and training Page 7 of 9 pages HUD 52520 E (June 1985) opportunities in connection with planning and carrying out any project assisted under the Program shall be given 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 EQUAL OPPORTUNITY COMPLIANCE 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. CONFLICT OF INTEREST 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 Program in which any of the following classes of persons has an interest, direct or indirect, during tenure or for one year thereafter: Any present or former member or officer of the PHA (except a tenant commissioner). Any employee of the PHA who formulates policy or who influences decisions with respect to the Program. Any public official, member of a governing body, or State or local legislator who exercises functions or responsibilities with respect to the Program. Any members of the classes described in paragraph A must disclose their interest or prospective interest ko the PHA and HUD. C. The requirements of section 2.13.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 class described in section 2.13.A) to exercise responsibilities or functions with respect to a contract for housing assistance payments executed, or tc be executed, on his or her behalf, or with respect to a contract for housing assistance payments to which khis person is a party. Page 8 of 9 pages HUD 52520 E (June 1985) 2.15. D. The provisions of section 2.13.A, section 2.13.B and section 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 governmental agency. INT/REST OF 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 ACC or to any benefits which lay arise from it. I~XCLUSION OF THIRD PARTY RI(lilTS. Nothing in the ACC shall be construed as creating any right of any third party to enforce any provision of this ACC, or to assert any claim against HUD or the PHA under this ACC. Page 9 of 9 pages HUD 52520 E (June 1985)