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)