HomeMy WebLinkAbout1993-02-24 - Minutes - ArchiveMINUTES OF THE REGULAR MEETING OF THE HOUSING AUTHORITY
OF THE CITY OF FAYETTEVILLE, ARKANSAS
The Housing Authority of the City of Fayetteville, Arkansas met in
Regular Session at 8:00 A. M. Wednesday February 24th, 1993, in the
office of the Authority #1 North School, Fayetteville, Arkansas.
Dan Hudspeth Chairperson, called the meeting to order.
Upon roll call, the following members were present:
Commissioners Present: Hudspeth, Richardson, Fries
Commissioners Absent: Clinehens
Others Present: Bromo Wilson, Fredia Sawin
The Minutes of the January 20, 1993 Regular Meeting were approved by
motion, seconded and carried unanimously.
The January Financial Statement was approved by motion, seconded and
carried unanimously.
The Commissioners passes unanimously to table the Election of a Comm-
issioner until a Special Meeting to be scheduled for either March 3,
1993 or March 5, 1993 at 8:00 A. M.
• RESOLUTION AMENDING THE ADMINISTRATIVE PLAN OF THE FAYETTEVILLE HOUSING
AUTHORITY GOVERNING THE SECTION 8 EXISTING HOUSING PROGRAM. Resolution
No. 541, was approved by motion, seconded, and carried unanimously.
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RESOLUTION ADOPTING REVISED STATEMENT OF PROCUREMENT POLICY. Resolution
No. 542, was approved by motion, seconded, and carried unanimously.
The Commissioners passed by motion, seconded, and carried unanimously to
accept the low bid for Lead Based Paint Testing, which is a requirement
of the Modernization Grant. Low bid was $55.00 per unit, forty two units
must be tested, total bid being $2,310.00
It was presented to the Board of Commissioners that a Residents Meeting
has been scheduled for March 29th, 1993. The Residents have also been
given survey packets for their feedback.
The Regular Monthly Meeting of the Board of Commissioners has been re-
scheduled to March 31, 1993, due to Mr. Bromo Wilsons plan to be out
of town on the third Wednesday of March.
There being no further business, the meeting was adjourned.
ATTEST:
THE HOUSING AUTHORITY OF THE
CITY OF FAYETTEVILLE, ARKANSAS
CHAIRPERSON
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RESOLUTION NO.
RESOLUTION ADOPTING REVISED STATEMENT OF PROCUREMENT POLICY
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
THE FAYETTEVILLE HOUSING AUTHORITY, that the present Procument
Policy be revised to the attached STATEMENT OF PROCUREMENT
POLICY.
PASSED AND APPROVED THIS :44/ DAY OF
ATTEST:
1993
FAYETTEVILLE HOUSING AUTHORITY
FAYETTEVILLE, ARKANSAS
SECRETARY' .CHAIRPERSON
STATEMENT OF PROCUREMENT POLICY
TABLE OF CONTENTS
I. GENERAL PROVISIONS
II. PROCUREMENT AUTHORITY AND ADMINISTRATION
III. PROCUREMENT METHODS
IV.. CONTRACTOR QUALIFICATIONS AND DUTIES
V. TYPES OF CONTRACTS, CLAUSES, AND CONTRACT
ADMINISTRATION
VI. SPECIFICATIONS
VII. APPEALS AND REMEDIES
VIII. ASSISTANCE TO SMALL AND OTHER BUSINESSES
IX. ETHICS IN PUBLIC CONTRACTING
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STATEMENT OF PROCUREMENT POLICY
Established for Public Housing Agency/Authority Fayetteville
Housing Authority by Board action on February 24:1993
(date). This Statement of Procurement Policy complies with
HUD's Annual Contributions Contract (ACC), HUD Handbook
7460.8, "Procurement Handbook for Public Housing Agencies,"
and the procurement standards of 24 CFR 85.36.
I. GENERAL PROVISIONS
A. PURPOSE
The purpose of this Statement of Procurement
Policy is to: provide for the fair and equitable
treatment of all persons or firms involved in
purchasing by the PHA; assure that supplies,
services, and construction are procured
efficiently, effectively, and at the most
favorable prices available to the PHA; promote
competition in contracting; provide safeguards
for maintaining a procurement system of quality
and integrity; and assure that PHA purchasing
actions are in full compliance with applicable
Federal standards, HUD regulations, and State and
local laws.
B. APPLICATION
This Statement of Procurement Policy (Statement)
applies to all contracts for the procurement of
supplies, services, and construction entered into
by the PHA after the effective date of this
Statement. Itshall apply to every expenditure
of funds by the PHA for public purchasing,
irrespective of the source of funds, including
contracts which do not involve an obligation of
funds (such as concession contracts); however,
nothing in this Statement shall prevent the PHA
from complying with the terms and conditions of
any grant,contract, gift or bequest that is
otherwise consistent with law. The term
"procurement," as used in this Statement,
includes both contracts and modifications
(including change orders) for construction or
services, as well as purchase, lease, or rental
of supplies and equipment.
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C. PUBLIC ACCESS TO PROCUREMENT INFORMATION
Procurement information shall be a matter of
public record to the extent provided in [the
Arkansas Freedom of Information Act or Act 93 of
1967] and shall be available to the public as
provided in that statute.
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II. PROCUREMENT AUTHORITY AND ADMINISTRATION
All procurement transactions shall be
administered by the Contracting Officer, who
shall be the Executive Director or other
individual he or she has authorized in writing.
The Executive Director shall issue operational
procedures to implement this Statement, which
shall be based on HUD Handbook 7460.8. The
Executive Director shall also establish a system
of sanctions for violations of the ethical
standards described in Section IX below,
consistent with State law.
B. The Executive Director or his/her designee shall
ensure that:
1. procurement requirements are subject to an
annual planning process to assure efficient
and economical purchasing;
2. contracts and modifications are in writing,
clearly specifying the desired supplies,
services, or construction, and are supported
by sufficient documentation regarding the
history of the procurement, including as a
minimum the method of procurement chosen,
the selection of the contract type, the
rationale for selecting or rejecting offers,
and the basis for the contract price;
3. for procurements other than small purchases,
public notice is given of each upcoming
procurement at least 10 days [or other time
period ifrequired by State or local law]
before a solicitation is issued; responses
to such notice are honored to the maximum
extent practical; a minimum of 15 days [or
other time period if required by State or
local law] is provided for preparation and
submission of bids or proposals; and notice
of contract awards is made available to the
public;
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4. solicitation procedures are conducted in
full compliance with Federal standards
stated in 24 CFR 85.36, or State and local
laws that are more stringent, provided they
are consistent with 24 CFR 85.36;
5. an independent cost estimate is prepared
before solicitation issuance and is
appropriately safeguarded for each
procurement above the small purchase
limitation, and a cost or price analysis is
conducted of the responses received for all
procurements;
6. contract award is made to the responsive and
responsible bidder offering the lowest price
(for sealed bid contracts) or contract award
is made to the offeror whose proposal offers
the greatest value to the PHA, considering
price, technical, and other factors as
specified in the solicitation (for contracts
awarded based on competitive proposals);.
unsuccessful firms are notified within ten
days [or other time period required by State
or local law] after contract award;
7. there are sufficient unencumbered funds
available to cover the anticipated cost of
each procurement before contract award or
modification (including change orders), work
is inspected before payment, and payment is
made promptly for contract work performed
and accepted; and.
8 the PHA complies with applicable HUD review
requirements, as provided in the operational
procedures supplementing this Statement.
C. This Statement and any later changes shall be
submitted to the Board of Commissioners for
approval. The Board appoints and delegates
procurement authority to the Executive Director
and is responsible for ensuring that any
procurement policies adopted are appropriate for
the PHA.
III. PROCUREMENT METHODS
A. SELECTION OF METHOD
If it has been decided that the PHA will directly
purchase the required items, one of the following
procurement methods shall be chosen, based on the
nature and anticipated dollar value of the total
requirement.
B. SMALL PURCHASE PROCEDURES
1. General. Any contract not exceeding $25,000.00
may be made in accordance with the small
purchase procedures authorized in this
section. Contract requirements shall not be
artificially divided so as to constitute a
small purchase under this section (except as
may be reasonably necessary to comply with
Section VIII of this Statement).
2. Petty Cash Purchases. Small purchases under
$ 50.00 which can be satisfied by local
sources may be processed through the use of
a petty cash account. The Contracting
Officer shall ensure that: the account is
established in an amount sufficient to cover
small purchases made during a reasonable
period (e.g., one week); security is
maintained and only authorized individuals
have access to the account; the account is
periodically reconciled and replenished by
submission of a voucher to the PHA finance
officer; and, the account is periodically
audited by the finance officer or designee
to validate proper use and to verify that
the account total equals cash on hand plus
the total of accumulated vouchers.
3 Small purchases of $ 2,500.00 or less. For
small purchases below $2,500.00 , only one
quotation need be solicited if the price
received is considered reasonable. Such
purchases must be distributed equitably
among qualified sources. If practicable, a
quotation shall be solicited from other than
the previous source before placing a repeat
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order.
4 Small purchases over $ 22500.00 For small
purchases in excess of $2,500.00 but not
exceeding $25,000.00 no less than three
offerors shall be solicited to submit price
quotations, which may be obtained orally, by
telephone, or in writing, as allowed by
State or local laws. Award shall be made to
the offeror providing the lowest acceptable
quotation, unless justified in writing based
on price and other specified factors, such
as for architect -engineer contracts. If
non -price factors are used, they shall be
disclosed to all those solicited. The
names, addresses, and/or telephone numbers
of the offerors and persons contacted, and
the date and amount of each quotation shall
be recorded and maintained as a public
record (unless otherwise provided in State
or local law).
C. SEALED BIDS
1. Conditions for Use. Contracts shall be
awarded based on competitive sealed bidding
if the following conditions are present: a
complete, adequate, and realistic
specification or purchase description is
available; two or more responsible bidders
are willing and able to compete effectively
for the work; the procurement lends itself
to a firm fixed price contract; and the
selection of the successful bidder can be
made principally on the basis of price.
Sealed bidding is the preferred method for
construction procurement For procurements
under the Comprehensive Improvement
Assistance Program (CIAP), sealed bidding
shall be used for all construction and
equipment contracts exceeding the small
purchase limitation. For professional
services contracts, sealed bidding should
not be used.
2. Solicitation and Receipt of Bids. An
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invitation for bids shall be issued
including specifications and all contractual
terms and conditions applicable to the
procurement, including a statement that
award will be made to the lowest responsible
and responsive bidder whose bid meets the
requirements of the invitation for bids.
The invitation for bids shall state the time
and place for both the receipt of bids and
the public bid opening. All bids received
shall be time -stamped but not opened and
shall be stored in a secure place until bid
opening. A bidder may withdraw its bid at
any time prior to bid opening.
3. Bid Opening and Award. Bids shall be opened
publicly and in the presence of at least one
witness. An abstract of bids shall be
recorded and the bids shall be available for
public inspection. Award shall be made as
provided in the invitation for bids by
written notice to the successful bidder. If
equal low bids are received from responsible
bidders, award shall be made by drawing lots
or similar random method, unless otherwise
provided in State or local law and stated in
the invitation for bids. If only one
responsive bid is received from a
responsible bidder, award shall not be made
unless a cost or price analysis verifies the
reasonableness of the price.
4. Mistakes in Bids.
a. Correction or withdrawal of
inadvertently erroneous bids may be
permitted, where appropriate, before
bid opening by written or telegraphic
notice received in the office
designated in the invitation for bids
prior to the time set for bid opening.
After bid opening, corrections in bids
shall be permitted only if the bidder
can show by clear and convincing
evidence that a mistake of a
nonjudgmental character was made, the
nature of the mistake, and the bid
price actually intended. A low bidder
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alleging a nonjudgmental mistake may be
permitted to withdraw its bid if the
mistake is clearly evident on the face
of the bid document but the intended
bid is unclear or the bidder submits
convincing evidence that a mistake was
made.
b. All decisions to allow correction or
withdrawal of bid mistakes shall be
supported by a written determination
signed by the Contracting Officer.
After bid opening, no changes in bid
prices or other provisions of bids
prejudicial to the interest of the PHA
or fair competition shall be permitted.
5 Bonds. In addition to the other
requirements of this Statement, the
following requirements apply:
a. For construction contracts exceeding
$100,000, other than those specified in
5b and 5c below, contractors shall be
required to submit the following:
(1) a bid guarantee from each bidder
equivalent to 5% of the bid price;
and
(2) a performance bond for 100% of the
contract price; and
(3) a payment bond for 100% of the
contract price.
b. In the case of construction of
conventional development projects
funded pursuant to the U.S. Housing Act
of 1937, the contractor shall be
required to submit the following:
(1)
a bid guarantee from each bidder
equivalent to 5% of the bid price;
and
(2) a performance and payment bond for
100% of the contract price.
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In the case of construction under the
Comprehensive Improvement and
Assistance Program (CIAP) funded
pursuant to the U.S. Housing Act of
1937, for any contract over $25,000,
the contractor shall be required to
submit the following:
(1) a bid guarantee from each bidder
equivalent to 5% of the bid price;
and
(2) a performance and payment bond for
100% of the contract price.
D. COMPETITIVE PROPOSALS
1. Conditions for Use. Competitive proposals
(including turnkey proposals for
development) may be used if there is an
adequate method of evaluating technical
proposals and where the PHA determines that
conditions are not appropriate for the use
of sealed bids. An adequate number of
qualified sources shall be solicited.
2. Solicitation. The request for proposals
(RFP) shall clearly identify the relative
importance of price and other evaluation
factors and subfactors, including the weight
given to each technical factor and
subfactor. A mechanism for fairly and
thoroughly evaluating the technical and
price proposals shall be established before
the solicitation is issued. Proposals shall
be handled so as to prevent disclosure of
the number of offerors, identity of the
offerors, and the contents of their
proposals. The proposals shall be evaluated
only on the criteria stated in the request
for proposals.
3. Negotiations. Unless there is no need for
negotiations with any of the offerors,
negotiations shall be conducted with
offerors who submit proposals determined to
have a reasonable chance of being selected
for award, based on evaluation against the
technical and price factors as specified in
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the RFP. Such offerors shall be accorded
fair and equal treatment with respect to any
opportunity for negotiation and revision of
proposals. The purpose cd negotiations
shall be to seek clarification with regard
to and advise offerors of the deficiencies
in both the technical and price aspects of
their proposals so as to assure full
understanding of and conformance to the
solicitation requirements. No offeror shall
be provided information about any other
offeror's proposal, and no offeror shall be
assisted in bringing its proposal up to the
level of any other proposal. Offerors shall
not be directed to reduce their proposed
prices to a specific amount in order to be
considered for award. A common deadline
shall be established for receipt of proposal
revisions based on negotiations.
4. Award. After evaluation of proposal
revisions, if any, the contract shall be
awarded to the responsible firm whose
qualifications, price and other factors
considered, are the most advantageous to the
PHA.
5. Architect/Enqineer Services. Architect/
engineer services in the excess of the small
purchase limitation will be obtained by
qualifications -based selection procedures,
Sealed bidding, however, shall not be used
to obtain architect/engineer services.
Under qualifications -based selection
procedures, competitors' qualifications are
evaluated and the most qualified competitor
is selected, subject to the negotiation of
fair and reasonable compensation. Price is
not used as a selection factor under this
method. Qualifications -based selection
procedures shall not be used to purchase
other types of services even though
architect -engineer firms are potential
sources.
E. NONCOMPETITIVE PROPOSALS
1. Conditions for use. Procurements shall be
conducted competitively to the maximum
extent possible. Procurement by
noncompetitive proposals may be used only
when the award of a contract is not feasible
using small purchase procedures, sealed
bids, or competitive proposals, and one of
the following applies:
a. The item is available only from a
single source, based on a good faith
review of available sources;
b. An emergency exists that seriously
threatens the public health, welfare,
or safety, or endangers property, or
would otherwise cause serious injury to
the PHA, as may arise by reason of a
flood, earthquake, epidemic, riot,
equipment failure, or similar event.
In such cases, there must be an
immediate and serious need for
supplies, services, or construction
such that the need cannot be met
through any other procurement methods,
and the emergency procurement shall be
limited to those supplies, services, or
construction necessary to meet the
emergency;
c. HUD authorizes the use of
noncompetitive proposals; or
d. After solicitation of a number of
sources, competition is determined
inadequate.
2. Justification. Each procurement based on
noncompetitive proposals shall be supported
by a written justification for using such
procedures. The justification shall be
approved in writing by the Contracting
Officer.
3. Price reasonableness. The reasonableness of
the price for all procurements based on
noncompetitive proposals shall be determined
by performing a cost analysis, as described
in paragraph IIIF below.
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COST AND PRICE ANALYSIS
1. General. A cost or price analysis shall be
performed for all procurement actions,.
including contract modifications. The
method of analysis shall be determined as
follows. The degree of analysis shall
depend on the facts surrounding each
procurement.
2. Submission of Cost or Pricing Information.
If the procurement is based on
noncompetitive proposals, or when only one
offer is received, or for other procurements
as deemed necessary by the PHA (e.g, when
contracting for professional, consulting, or
architect/engineer services) the offeror
shall be required to submit:
a. a cost breakdown showing projected
costs and profit;
b. commercial pricing and sales
information, sufficient to enable the
PHA to verify the reasonableness of the
proposed price as a catalog or market
price of a commercial product sold in
substantial quantities to the general
public; or
c. documentation showing that the offered
price is set by law or regulation.
3. Cost Analysis. Cost analysis shall be
performed if an offeror/contractor is
required to submit a cost breakdown as part
of its proposal. When a cost breakdown is
submitted: a cost analysis shall be
performed of the individual cost elements;
the PHA shall have a right to audit the
contractor's books and records pertinent to
such costs; and profit shall be analyzed
separately. Costs shall be allowable only
to the extent that they are consistent with
applicable Federal cost principles (for
commercial firms, Subpart 31.2 of the
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Federal Acquisition Regulation, 48 CFR
Chapter 1). In establishing profit, the PHA
shall consider factors such as the
complexity and risk of the work involved,
the contractor's investment and
productivity, the amount of subcontracting,
the quality of past performance, and
industry profit rates in the area for
similar work.
4. Price Analysis. A comparison of prices
shall be used in all cases other than those
described in IIIF3 above.
G. CANCELLATION OF SOLICITATIONS
1. An invitation for bids, request for
proposals, or other solicitation may be
cancelled before offers are due if: the PHA
no longer requires the supplies, services or
construction; the PHA can no longer
reasonably expect to fund the procurement;
proposed amendments to the solicitation
would be of such magnitude that a new
solicitation would be desirable; or similar
reasons.
2. A solicitation may be cancelled and all bids
or proposals that have already been received
may be rejected if: the supplies, services,
or construction are no. longer required;
ambiguous or otherwise inadequate
specifications were part of the
solicitation; the solicitation did not
provide for consideration of all factors of
significance to the PHA; prices exceed
available funds and it would not be
appropriate to adjust quantities to come
within available funds; there is reason to
believe that bids or proposals may not have
been independently arrived at in open
competition, may have been collusive, or may
have been submitted in bad faith; or for
good cause of a similar nature when it is in
the best interest of the PHA.
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3. The reasons for cancellation shall be
documented in the procurement file and the
reasons for cancellation and/or rejection
shall be provided upon request to any
offeror solicited.
4 A notice of cancellation shall be sent to
all offerors solicited and, if appropriate,
shall explain that they will be given an
opportunity to compete on any resolicitation
or future procurement of similar items.
5 If all otherwise acceptable bids received in
response to an invitation for bids are at
unreasonable prices, or only one bid is
received and the price is unreasonable, the
PHA shall cancel the solicitation and
either:
a. resolicit using a request for
proposals; or
b. complete the procurement by using the
competitive proposals method, following
paragraphs IIID3 and IIID4 above (when
more than one otherwise acceptable bid
has been received), or by using the
noncompetitive proposals method and
following paragraph IIIE2 above (when
only one bid is received at an
unreasonable price); provided, that the
Contracting Officer determines in
writing that. such action is
appropriate, all bidders are informed
of the PHA's intent to negotiate, and
each responsible bidder is given a
reasonable opportunity to negotiate.
H. COOPERATIVE PURCHASING
The PHA may enter into State and local
intergovernmental agreements to purchase or use
common goods and services. The decision to use
an intergovernmental agreement or conduct a
direct procurement shall be based on economy and
efficiency.. If used, the intergovernmental
agreement shall stipulate who is authorized to
purchase on behalf of the participating parties
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and shall specify inspection, acceptance,
termination, payment, and other relevant terms
and conditions. PHAs are encouraged to use
Federal or State excess and surplus property
instead of purchasing new equipment and property
whenever such use is feasible and reduces project
costs.
IV. CONTRACTOR QUALIFICATIONS AND DUTIES
A. CONTRACTOR RESPONSIBILITY
Procurements shall be conducted only with
responsible contractors, i.e., those who have the
technical and financial competence to perform and
who have a satisfactory record of integrity.
Before awarding a contract, the PHA shall review
the proposed contractor's ability to perform the
contract successfully, considering factors such
as the contractor's integrity (including a review
of the List of Parties Excluded from Federal
Procurement and Nonprocurement Programs published
by the U.S. General Services Administration),
compliance with public policy, record of past
performance (including contacting previous
clients of the contractor, such as other PHA's),
and financial and technical resources. If a
prospective contractor is found to be
nonresponsible, a written determination of
nonresponsibility shall be prepared and included
in the contract file, and the prospective
contractor shall be advised of the reasons for
the determination.
B. SUSPENSION AND DEBARMENT
Contracts shall not be awarded to debarred,
suspended, or ineligible contractors.
Contractors may be suspended, debarred, or
determined ineligible by HUD in accordance with
HUD regulations (24 CFR Part 24) when necessary
to protect the PHA in its business dealings.
C QUALIFIED BIDDER'S LISTS
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Interested businesses shall be given an
opportunity to be included on qualified bidder's
lists. Any prequalified list's of persons, firms,
or products which are used in the procurement of
supplies and services shall be kept current and
shall include enough qualified sources to ensure
competition. Firms shall not be precluded froia
qualifying during the solicitation period.
Solicitation mailing lists of potential
contractors shall include, but not be limited to,
such prequalified suppliers.
V TYPES OF CONTRACTS, CLAUSES, AND CONTRACT
ADMINISTRATION
A. CONTRACT TYPES
Any type of contract which is appropriate to the
procurement and which will promote the best
interests of the PHA may be used, provided that
the cost -plus -a -percentage -of -cost and percentage
of construction cost methods are prohibited. All
procurements shall include the clauses and
provisions necessary to define the rights and
responsibilities of the parties. A cost
reimbursement contract shall not be used unless
it is likely to be less costly or it is
impracticable to satisfy the PHA's needs
otherwise, and the proposed contractor's
accounting system is adequate to allocate costs
in accordance with applicable cost principles
(for commercial firms, Subpart 31.2 of the
Federal Acquisition Regulation (FAR), found in 48
CFR Chapter 1). A time and material contracts
may be used only if a written determination is
made that no other contract type is suitable, and
the contract includes a ceiling price that the
contractor exceeds at its own risk.
B. OPTIONS
Options for additional quantities or performance
periods may be included in contracts, provided
that: (i) the option is contained in the
solicitation; (ii) the option is a unilateral
right of the PHA; (iii) the contract states a
limit on the additional quantities and the
overall term of the contract; (iv) the options
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are evaluated as part of the initial competition;
(v) the contract states the period within which
the options may be exercised; (vi) the options
may be exercised only at the price specified in
or reasonably determinable from the contract; and
(vii) the options may be exercised only if
determined to be more advantageous to the PHA
than conducting a new procurement.
C. CONTRACT CLAUSES
In addition to containing a clause identifying
the contract type, all contracts shall include
any clauses required by Federal statutes,
executive orders, and their implementing
regulations, as provided in 24 CFR 85.36(i), such
as the following:
1. Termination for convenience,
2. Termination for default,
3. Equal Employment Opportunity,
4. Anti -Kickback Act,
5. Davis -Bacon Act,
6. Contract Work Hours and Safety Standards
Act, reporting requirements,
7. Patent rights,
8. Rights in data,
9. Examination of records by Comptroller
General, retention of records for three
years after closeout,
10. Clean air and water,
11. Energy efficiency standards,
12. Bid protests and contract claims,
13. Value engineering, and
14. Payment of funds to influence certain
Federal transactions.
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The operational procedures required by section
IIA of this statement shall contain the text of
all clauses and required certifications (such as
required non -collusive affidavits) used by the
PHA.
CONTRACT ADMINISTRATION
A contract administration system designed to
insure that contractors perform in accordance
with their contracts shall be maintained.
The operational procedures required by Section
IIA above shall contain guidelines for inspection
of supplies, services, or construction, as well
as monitoring contractor performance, status
reporting on construction contracts, and similar
matters. For cost reimbursement contracts with
commercial firms, costs are allowable only to the
extent that they are consistent with the cost
principles in FAR Subpart 31.2.
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VI. SPECIFICATIONS
A. GENERAL
All specifications shall be drafted so as to
promote overall economy for the purposes intended
and to encourage competition in satisfying the
PHA's needs. Specifications shall be reviewed
prior to solicitation to ensure that they are not
unduly restrictive or represent unnecessary or
duplicative items. Functional or performance
specifications are preferred. Detailed product
specifications shall be avoided whenever
possible. Consideration shall be given to
consolidating or breaking out procurements to
obtain a more economical purchase (but see VIII
below). For equipment purchases, a lease versus
purchase analysis should be performed to
determine the most economical form of
procurement.
LIMITATIONS
The following specification limitations shall be
avoided: geographic restrictions not mandated or
encouraged by applicable Federal law (except for
architect -engineer contracts, which may include
geographic location as a selection factor if
adequate competition is available); unnecessary
bonding or experience requirements; brand name
specifications (unless a written determination is
made that only the identified item will satisfy
the PHA's needs); brand name or equal
specifications (unless they list the minimum
essential characteristics and standards to which
the item must conform to satisfy its intended
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use). Nothing in this procurement policy shall
preempt any State licensing laws. Specifications
shall be scrutinized to ensure that
organizational conflicts of interest do not occur
(for example, having a consultant perform a study
of the PHA's computer needs and then allowing
that consultant to compete for the subsequent
contract for the computers).
VII. APPEALS AND REMEDIES
A. GENERAL
It is the PHA's policy to resolve all contractual
issues informally at the PHA level, without
litigation. Disputes shall not be referred to
HUD until all administrative remedies have been
exhausted at the PHA level. When appropriate,
the PHA may consider the use of informal
discussions between the parties by individuals
who did not participate substantially in the
matter in dispute, to help resolve the
differences. HUD will only review protests in
cases of violations of Federal law or regulations
and failure of the PHA to review a complaint or
protest.
B. BID PROTESTS
Any actual or prospective contractor may protest
the' solicitation or award of a contract for
serious violations of the principles of this
Statement. Any protest against a solicitation
must be received before the due date for receipt
of bids or proposals, and any protest against the
award of a contract must be received within ten
calendar days after contract award, or the
protest will not be considered. All bid protests
shall be in writing, submitted to the Contracting
Officer or designee, who shall issue a written
decision on the matter. The ContractingOfficer
may, at his or her discretion, suspend the
procurement pending resolution of the protest, if
warranted by the facts presented.
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C. CONTRACT CLAIMS
All claims by a contractor relating to
performance of a contract shall be submitted in
writing to the Contracting Officer or designee
for a written decision. The contractor may
request a conference on the claim. The
Contracting Officer's decision shall inform the
contractor of its appeal rights to [a higher
level in the PHA, such as the Executive Director
or a designated Board member, or a Procurement
Appeals Board].
VIII. ASSISTANCE TO SMALL AND OTHER BUSINESSES
A. REQUIRED EFFORTS
1. Consistent with Presidential Executive
Orders 11625, 12138, and 12432, and Section
3 of the HUD Act of 1968, the PHA shall make
efforts to ensure that small and minority-
owned businesses, women's business
enterprises, labor surplus area businesses,
and individuals or firms located in or owned
in substantial part by persons residing in
the area of a PHA project are used when
possible. Such efforts shall include, buc
shall not be limited to:
a. Including such firms, when qualified,
on solicitation mailing lists;
b. Encouraging their participation through
direct solicitation of bids or
proposals whenever they are potential
sources;
c Dividing total requirements, when
economically feasible, into smaller
tasks or quantities to permit maximum
participation by such firms;
d. Establishing delivery schedules, where
the requirement permits, which
encourage participation by such firms,
e Using the services and assistance of
the Small Business Administration, and
the Minority Business Development
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Agency of the Department of Commerce;
f Including in contracts a clause
requiring contractors, to the greatest
extent feasible, to provide
opportunities for training and
employment for lower income residents
of the project area and to award
subcontracts for work in connection
with the project to business concerns
which are located in, or owned in
substantial part by persons residing in
the area of the project, as described
in 24 CFR 135;
Requiring prime contractors, when
subcontracting is anticipated, to take
the positive steps listed in Ala
through Alf above.
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2 Goals may be established by the PHA
periodically for participation by small
businesses, minority-owned businesses,
women's business enterprises, labor surplus
area businesses, and business concerns which
are located in, or owned in substantial part
by persons residing in the area of the
project, in the PHA's prime contracts and
subcontracting opportunities.
B. DEFINITIONS
1. A small business is defined as a business
which is: independently owned; not dominant
in its field of operation; and not an
affiliate or subsidiary of a business
dominant in its field of operation. The
size standards in 13 CFR 121 shall be used,
unless the PHA determines that their use is
inappropriate.
2 A minority-owned business is defined as a
business which is at least 51% owned by one
or more minority group members; or, in the
case of a publicly -owned business, one in
which at least 51% of its voting stock is
owned by one or more minority group members,
and whose management and daily business
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operations are controlled by one or more
such individuals. Minority group members
include, but are not limited to Black
Americans, Hispanic Americans, Native
Americans, Asian Pacific Americans and Asian
Indian Americans, and Hasidic Jewish
Americans.
3. A women's business enterprise is defined as
a business that is at least 51% owned by a
woman or women who are U.S. citizens and who
also control or operate the business.
4. A labor surplus area business is defined as
a business which, together with its
immediate subcontractors, will incur more
than 50% of the cost of performing the
contract in an area of concentrated
unemployment or underemployment, as defined
by the U.S. Department of Labor in 20 CFR
654, Subpart A, and in lists of labor
surplus areas published by the Employment
and Training Administration.
5. A business concern located in the area of
the project, is defined as an individual or
firm located within the relevant Section 3
covered project area, as determined pursuant
to 24 CFR 135.15, listed on HUD's registry
of eligible business concerns, and meeting
the definition of small business above. P.
business concern owned in substantial part
by persons residing in the area of the
project is defined as a business concern
which is 51% or more owned by persons
residing within the Section 3 covered
project, owned by persons considered by the
U.S. Small Business Administration to be
socially or economically disadvantaged,
listed on HUD's registry of eligible
business concerns, and meeting the
definition of small business above.
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IX. ETHICS IN PUBLIC CONTRACTING
A. GENERAL
The PHA shall adhere to the following code of
conduct, consistent with applicable State or
local law.
CONFLICT OF INTEREST
No employee, officer or agent of this PHA shall
participate directly or indirectly in the
selection or in the award or administration of
any contract if a conflict, real or apparent,
would be involved. Such conflict would arise
when a financial or other interest in a firm
selected for award is held by:
1. An employee, officer or agent involved in
making the award;
2. His/her relative (including father, mother,
son, daughter, brother, sister, uncle, aunt,
first cousin, nephew, niece, husband, wife,
father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-
law, stepfather, stepmother, stepson,
stepdaughter, stepbrother, stepsister, half
brother, or half sister);
3. His/her partner; or,
4 An organization which employs, is
negotiating to employ, or has an arrangement
concerning prospective employment of any of
the above.
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C. GRATUITIES, KICKBACKS, AND USE OF CONFIDENTIAL
INFORMATION
PHA officers, employees or agents shall not
solicit or accept gratuities, favors, or anything
of monetary value from contractors, potential
contractors, or parties to subcontracts, and
shall not knowingly use confidential information
for actual or anticipated personal gain.
D. PROHIBITION AGAINST CONTINGENT FEES
Contractors shall not retain a person to solicit
or secure a PHA contract for a commission,
percentage, brokerage, or contingent fee, except
for bona fide employees or bona fide established
commercial selling agencies.
26
RESOLUTION NO. 52#
RESOLUTION AMENDING THE ADMINISTRATIVE PLAN OF THE
FAYETTEVILLE HOUSING AUTHORITY GOVERNING THE SECTION
8 EXISTING HOUSING PROGRAM
WHEREAS, the Fayetteville Housing Authority Administrative
Plan governing the Section 8 Housing Program needs to be
amended & revised from time to time,
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS
OF THE FAYETTEVILLE HOUSING AUTHORITY THAT THE FOLLOWING
AMENDMENTS ON THE FOLLOWING ATTACHED PAGES BE APPROVED.
PASSED AND APPROVED THIS
DAY OF
1993
FAYETTEVILLE HOUSING AUTHORITY
FAYETTEVILLE, ARKANSAS
SECRETARY
CHAIRPERSON
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Rev 2/93
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The Fayetteville Housing Authority will make the appropriate
changes in the records used to disburse HAP checks to Owners
and any other records used as a cross-check' payments.
8.3 Misrepresentation at Annual Recertification
If the recertification discloses that the Family at the time of
admission or at any previous recertification make misrepresentations
which resulted in his being classified as eligible when in fact he
was ineligible, assistance on behalf of the Family may be terminated
even though he may currently be eligible. Furthermore, if at the
time of recertification it is found that the Family misrepresents
or fails to provide facts which resulted in additional housing
assistance being paid, he/ she will be required to pay the difference
between the Total Tenant Payment he has paid and the amount he should
have paid. In justifiable cases, The Fayetteville Housing Authority
may take such other action as deemed advisable. If the Fayetteville
Housing Authority is unable to complete the annual recertification
by the established date of recertification due to the fault of the
resident, there will be a period whereby the Family receives no
assistance.
If, by no fault of the Family, the Fayetteville Housing Authority
is unable to complete the annual recertification by the date of
recertification, the effective date of any increase in Total
Tenant Payment will be the first day of the month following com-
pletion of recertification; the effective date of any decrease
in Total Tenant Payment will remain the date of recertification
and the Family will be given the appropriate Total Tenant Payment
credits for overpayment.
8.4 Interim Adjustments of Total Tenant Payment
DuringItheperiod between annual recertification a Family need
only report those unanticipated changes which involve loss or gain
of a Family member, lessee, or source of income. However, after
Total Tenant Payment has been adjusted downward, the Family must
report all subsequent changes in Annual Income and Family's
composition within ten (10) days of such changes. The Family's
housing assistance will be adjusted accordingly. If the initial
rental payment stated in the contract is based on unearned income
the Rental payments will be adjusting during the contract term
to reflect any change. For earnedlincome contracts will only be
adjusted if the interim change makes over'a $50.00 difference.
Adjustments will not be made for cost of living increases in
Social Security or SSI benefits. These increase in income will
be added at the time of Family's recertification.
Increases in Total Tenant Payment will be made effective the first
of the second month following the month in which the change occurred.
Decreases in Total Tenant Payment will be made effective the first
of the month following that in which the change is reported.
Interim changes in Total Tenant Payment may be made by the
Fayetteville Housing Authority if changes in the Schedule of
Utility Allowances necessitate such changes.
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4.0 OCCUPANCY
4.1 Application/Interviewing Process
1
The Fayetteville Housing Authority has an office in the
geographical area that is easily accessible to interested
families. The office has sufficient space to afford
families adequate privacy during interviews. Families
may make application for the program according to times
stated on cover sheet of application. Applications will
also be accepted through the mail.
All families will be required to make application on the
form attached. See Schedule 1/3. The Fayetteville Housing
Authority interviewer will explain the program and its pro-
cedures clearly and patiently. The application will be
dated and time stamped and signed by the adult member of
the Family. The Fayetteville Housing Authority will do a
quick assessment of the applicants potential eligibility
based on the information on the application and convey this
to the Family.
4.2 Eligibility/Ineligibility
There are to be eligible for admission only those applicants:
A. Who qualify as a Family as defined in Section 2.16 of '
this Plan. The definition of a Family does not exclude
a person named on the Lease living alone during the
temporary absence of a Family member who will later
live regularly as a part of the Family.
B. Whose income for eligibility does not exceed the very -
low income limits for Admission established by the
Department of HUD.
If a Family is obviously ineligible at the time of applica-
tion, the Family will be informed before leaving the office
and the reasons explained.
4.3 Waiting List/Selection Preference
A Waiting List of all income eligible families who have
applied for participation in the Section 8 Program shall
be maintained. The list shall be maintained in date and
time order of application and may include the Family's
name, preference for which it is eligible, household type,
appropriate size of Certificate, date income was verified,
and date Certificate was issued (or the number of the
Certificate). The Waiting List is attached as Schedule
114.
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Applicant's Name
Current Address
City
FAYETTEVILLE HOUSING AUTHORITY
11 NORD! SCHOOL AVE
FAYETTEVILLE, ARKANSAS 72701-5928
Application for Rental Assistance
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Mayen Name
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State
Zlp Code
Phone Number
LIST All MEMBERS WHO WILL BE LIVING IN THE ASSISTED Ub
Full Name
Relation
Birth Date
- Birth Place
Age
Sex
Social Security N
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Marital Status of Head of Household: _ Married _ Divorced _ Sing e _ Widowed
Race of Head of Household: _ White _ Black _ American Indian _ Asian
Does anyone live with you who is not listed above? If yes, please explain
Do you plan to have anyone living with you In the future who Is not listed above?
If yes, please explain.
Is the head or spouse of this household handicapped or disabled? If yes, please explain the
nature and the extent of the handicap.
Ident0y any special housing needs required as a result of the handicap.
Is head of household or spouse expecting? If so Indicate due date.
CURRENT HOUSING STATUS
Are you currently renting or living with someone?
How Many people live In your unit now? How many bedrooms do you have?
Do you wish to move? 0 yes, why?
Are you being evicted? If yes, why?
What is your current rent? What utilities do you pay?
Have you ever lived In public housing? 0 yes, where?
Have you ever panlcipated In the Section 8 existing program? If yes when?
If you haven't panicipated have you ever applied for the Section 8 existing program?
If yes, when?
FOR OFFICE USE ONLY:
Application Number
Number of Bedrooms
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INCOME INF9RMAT1ON
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>! PLEASE ANSWER EACH OF THE FOLLOWING QUESTIONS. FOR EACH 'YES ANSWER YES NO
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PROVIDE THE DETAILS IN THE CHART BELOW. • i
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1. Is any member of your household employed, full-time, Ipart-Lime, or seasonally?
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2. Does any member of your household expect' to wok fol ranyperiod during the next 12
3. Does any member of your household work for someone %Air, pays them in cash?
4. Is any member of your household on leave of absence from work due to layoff, medical,
maternity, or military leave?
5. Does any member of your household now receive, or expect to receive unemployment
benefits? . , . ; I
6. Does any member of your family now receive or expect to receive child support?
7. Is any member of your household entitled to child support that he/she Is not receiving?
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6, Does any member of your household now receive or expect to receive alimony
payments?
' 9. Is any member of your household entitled to alimony payments that he/she Is not
• receiving?
10. Does any member of your household receive or expect to receive welfare assistance?
11. Does any member of your family receive or expect to receive Social Security benefits?
12. Does any member of your household receive or expect o receive income from a pension
or annuity?
13. Doesany member of your household receive anycash contributions from individuals not
living In the unit or from agencies?
14. Does any member of your household receive Income from assets Including interest on
cheating or savings accounts, interest and dividends from certificates of deposit, stocks
or bonds, Income from the rental of propenyl
15. Does any member of your household receive or expect to receive an eamed Income tax
credit?
16. Does any member of your household receive financial aid from attending a college or
• university?
Family Member
Source of Income/Type of Income
Annual Income
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Family Member ' Bank Name Account Number Current Balance
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/1 INFORMATION CONTINUED
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UR value of all stocks, bonds, trusts, pension contributions, or other assets:
Do you own a home or other real estate? If yes, what Is the present value?
Have you sold or given away real property or other assets In the past two years?
If yes, what Is the current market value of the asset? •
IMPENSES
Do you pay for child care which enables you or another family member w work or go to school?
If yes, give name and address of child care provider, weekly cost, and name of family member enabled to
work
Do you attend a college or university? If yes what is die cost of your tuition, fees and books?
•
HANDICAPPED FAMILIES ONLY
Do you pay for a care assistant or for any equipment for the handicapped member of the family necessary
to permit that person or someone else In the family to work? If yes, describe expenses.
ELDERLYFAMIUES ONLY
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Dogyou have Medicare? If yes, what is your premium?
Do you have any other kind of medical Irssurancef If yes, give policy number and agents name
•
Dayou oscine medical assistance through the welfare departmend
Do you have any outstanding medical bills on which you are paying?
Do you expect to have any medical expenses during the next 12 months?
IF YOU ANSWERED YES TO ANY OF THE ABOVE QUESTIONS, PLEASE FILL OUT THE CHART ON THE
FOLLOWING PAGE
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UR value of all stocks, bonds, trusts, pension contributions, or other assets:
Do you own a home or other real estate? If yes, what Is the present value?
Have you sold or given away real property or other assets In the past two years?
If yes, what Is the current market value of the asset? •
IMPENSES
Do you pay for child care which enables you or another family member w work or go to school?
If yes, give name and address of child care provider, weekly cost, and name of family member enabled to
work
Do you attend a college or university? If yes what is die cost of your tuition, fees and books?
•
HANDICAPPED FAMILIES ONLY
Do you pay for a care assistant or for any equipment for the handicapped member of the family necessary
to permit that person or someone else In the family to work? If yes, describe expenses.
ELDERLYFAMIUES ONLY
i
Dogyou have Medicare? If yes, what is your premium?
Do you have any other kind of medical Irssurancef If yes, give policy number and agents name
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Dayou oscine medical assistance through the welfare departmend
Do you have any outstanding medical bills on which you are paying?
Do you expect to have any medical expenses during the next 12 months?
IF YOU ANSWERED YES TO ANY OF THE ABOVE QUESTIONS, PLEASE FILL OUT THE CHART ON THE
FOLLOWING PAGE
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COMMENTS / ADDITIONAL INFORMATION •
APPLICANT CERTIFICATION
VWe certify that the Information given to the Fayetteville Housing Authority on household composition,
income, net family assets, and allowances and deductions Is accurate and complete to the best of my/our
knowledge and belief. VWeunderstand that false statements orInformation arepunishablebyFederalLaw.
VWe also understand that false statements or Information are grounds for termination of housing assistance
and termination of tenancy. VWe do hereby authorize the Fayetteville Housing Authority and Its staff to
contact any agencies, offices, groups, or organizations to obtain any information or materials which are
deemed necessary to complete or verify my application..
SIGNATURE OF HEAD Date
Date
SIGNATURE OF SPOUSE
Application taken by
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• Family Member
Description of Expense
Cost
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COMMENTS / ADDITIONAL INFORMATION •
APPLICANT CERTIFICATION
VWe certify that the Information given to the Fayetteville Housing Authority on household composition,
income, net family assets, and allowances and deductions Is accurate and complete to the best of my/our
knowledge and belief. VWeunderstand that false statements orInformation arepunishablebyFederalLaw.
VWe also understand that false statements or Information are grounds for termination of housing assistance
and termination of tenancy. VWe do hereby authorize the Fayetteville Housing Authority and Its staff to
contact any agencies, offices, groups, or organizations to obtain any information or materials which are
deemed necessary to complete or verify my application..
SIGNATURE OF HEAD Date
Date
SIGNATURE OF SPOUSE
Application taken by
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PLEASE ANSWER EVERY QUESTION COMPLETELY,
1. Oct you own a vehicle? Tip No. and
A ;BLatP Model/Ys ,
2. Doss anyone outside your household Day ▪ for any of Your
bills or give you money? Ye//N0
If yes, explain. . ., • al; •
4. Have you. or any other adult members aver used any
name(s) or Social Security' number(s) other* than the
one you are currently using? Tetra
If yes, explaln.
S. Hake you or anyone In your household ever been
convicted of any crime other than traffic violations
Ves/No If yes, explain. (Applies to Public
Housing applicants only.)
b. Hove you ever committed anylfraud in a Federally
'assisted housing program or been requested to repay.
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money for knowingly misrsprsesnting SnformatSY=s ;or
such housing programl7 Yes/No
explain.
1. do hereby affirm and attest that all of the information
above about me is true and correct. 1 also understantl
that all changes In the Income of any member of the
household as well as any change to family composition must
be reported to the Housing Authority, In WRITING
JMMFDIATELY. •I''1
Signature Hud of Household , Signature of Spouse
Signature of Other Adult • Signature of Other Adult
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WARNING! TITLE 18. RECTION 1001 OF THE UNITED STATES
CODE, STATES THAT A PERSON 18 GUILTY, OF A FELONY FOR
KNOWINGLY AND WILLINGLY MAKING FALSE OR FRAUDULENT
STATEMENTS TO ANY DEPARTMENT OR AGENCY OF THE UNITED
STATES
IMPORTANT:PLEASE READ
You may be eligible for a FEDERAL PREFERENCE. You r111 not he Immediately
offend housing, but 11 you ere found to be eligible you may receive assistance
sooner.
•
You will In responsible for plodding verifiable documentation and other Information
to the hosing Authority In order W establish your lewdly's eligibility for a
FEDERAL PREFERENCE. Meese read the following 1St carefully and check any
mean wlich you believe qualify you for a PREFERENCE.
1/ none apply to you, be sure to sign and date the form.
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1 FEDERAL PREFERENCE I
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I am claiming the prelorence checked below, and'apres to provide the Information
and documan on necenary to establish my claim.;
INVOLUNTARY DISPLACEMENT 1
Fire, flood or other natural disaster (must be documented by lettere from
---7— government agency, newspaper account, etc-).
Action by local, state or federal government (mut be documented by
cerllllcalloo from the government whtctli caused your displacement).
Action by your landlord which did not' result 1 om acts by you or your
family, on from • rent Increase. Does not Include eviction for non-
payment of rant. (Must be documented by • signed statement from your
landlord which describes the reason for your displacement).
Displacernlnt became of actual or threatened vlolenca agdmt you or
another family member by • member o1 your, household (claim must be docu-
mented by • government or private social service agency which hu
Investigated your claim of family violence). i. j
SUBSTANDARD HOUSING•- A UNIT 15 SUBSTANDARD IF. IT:
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1 Is dilapidated. I '
Does not have operable Indoor plumbing.:
Does not have • usable flush toilet Imide the unit for the exclusive
use of the family. •
Don not have a usable bathtub or shower Inside the unit for the exclusive
.. . _. use o/ the family..- —
Does not have electricior hes inadequate or unsafe electrical service.
Dom not have • •11• or adequate source of hest.
Does not have • kitchen.
Has been declared unlit for habitation by en sgency or unit o/ government.
Must be verified by certification by • government agency that one or mon'
of the above condition exists.
HOMELESS
limy family am/Is homeless or temporarily lives In a shelter (must be
certified by • government scanty or • private•social service agency
knowledgeable of your situation or providing temporary •helm to
I you of your family. •
(NOP CQISiDENED NQWLESs. IF LIVING NITR moan OR RELATIVES.)
PAY MORE THAN 5O% FOR HOUSING
Pay morn than SOS of gross family Income for rent and utility costs
(must be documented by CURRENT rent receipts, cancelled checks, hese,
CURRENT utility bill stubs, or other Information enabling the Housing Authority
to determine the actual amount; and verification of your total family
income Irom all sources).
TO !R]BMIT INCORRECT, FALSE, MISLEADING OR INCOMPLETE INFORMATION MAY CAUSE
YOUR FAMLY TO BE DENIED OR DELAYED IN RECEIVING RENTAL ASSISTANCE,
AND 18 A VIOLATION OF THE LAW WHICH MAY RESULT IN PROSECUTION. WHEN
YOU SON ANO RETURN THIS FORM, PLEASE BE SURE THAT THE INFORMATION
WHICH YOU HAVE SUPPLIED IS TRUE AND CORRECT. •
I CERTIFY THAT THE ABOVE INFORMATION 15 TRUE AND CORRECT TO THE BEST
OF MY KNOWLEDGE.
Signature of Hoo of Household
bate
ALL INFORMATION MUST BE RE -VERIFIED AT TIME OF ACCEPTANCE
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4-4
ADMINISTRATIVE PLAN AMENDMENT
PORTABILITY - SECTION 8 CERTIFICATES/VOUCHERS
The PHA will strive to provide families with the broadest
geographical choice ofhousing opportunities through
portability. Applicants will be notified at the time of
their application, and assisted families will be informed
at each annual re -certification that the assistance
offered by the PHA is not limited to the PHA's
jurisdiction, in that the option of portability is
o ffered. An assisted family may move any number of times
u sing portability, but the families utilizing the
certificates and vouchers of this PHA are limited to not
more than one move in any 12 month period. When this PHA
is notified that a family is wanting to move their
certificate or voucher from another PHA's jurisdiction to
this jurisdiction, assistance will be provided to the
family using a certificate or voucher from our own funding
sources, if one is available at the'time of the
notification. If a certificate or voucher is not
available at the time ofthe notification, we will agree
to administer the voucher or certificate from the initial
PHA.
PORTABILITY - REGULATORY
Voucher assisted families will have the opportunity to
move to another PHA's jurisdiction under the
provisions for "portability". The PHA administering a
Housing Voucher Program in the jurisdiction to which
the family wishes to move (Called "Receiving PHA") is
required to accept that 'family and provide services to
the family as if the family were part of its own
Voucher program. If the PHA that has jurisdiction in
the location to which the family wants to move does
not have a Housing Voucher Program, that PHA is not
required to administer the Voucher assistance on
behalf of the family. However, it is encouraged to do
so, or to issue the family an available Section 8
Certificate, if applicable.
A family is eligible for portability if it is a
participant in a PHA's Voucher Program or lives in a
PHA's jurisdiction and is a Voucher holder.
A PHA may deny a family's request to move if the move
would result in more than 15% of the PHA's leased
units being used by families moving under regulatory
portability.
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4.
PAGE 2
Portability,
Administrative Plan Amendment
4-4
PORTABILITY - STATUTORY
Any family assisted by the PHA under the certificate
and housing voucher programs may receive such
assistance to rent. an eligible dwelling unit if the
dwelling unit to which the family moves is within the
same state. This does not affect those regulatory
provisions governing portability by housing voucher
families to Jurisdictions outside the same state and
outside the same area in which the Jurisdiction of the
issuing PHA is located.
Statutory portability applies to a family that is a
certificate or housing voucher holder. Statutory
portability applies if the dwelling unit to which the
family is moving is located anywhere within the same
state as the PHA. Housing Voucher holders or
participants that do not qualify for assistance under
the statutory portability provisions are permitted to
make portable moves under the regulatory portability
provisions.
Except as modified below, the procedures for
portability found in 24 CFR 887 Subpart L of the
housing voucher regulations (Regulatory) should be
followed for all statutory certificate and housing
voucher moves within the same State, as follows:
A. The PHA with either a certificate or housing
voucher program into whose Jurisdiction the family
moves ("Receiving PHA") with assistance under the
portability statute must assume the responsibil-
ities of the issuing PHA toward the family.
B. If no PHA with either a certificate or housing
voucher program has Jurisdiction under State law
for the area where the dwelling unit is located to
which the family moves under statutory
portability, the issuing PHA must fulfill the PHA
responsibilities under the housing voucher or
certificate programs and must provide assistance
to the family at the new dwelling unit. For this
purpose, Federal law overrides State law
limitations on PHA jurisdiction and permits the
issuing PHA to administer outside its normal State
law jurisdiction or out of state.
The 15% limitation in Section 887.563 does not
apply to moves under statutory portability.
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Portability
Administrative Plan Amendment
D. An applicant who holds a current (unexpired)
certificate or housing voucher of•the issuing PHA
is eligible for statutory portability within the
same State even if (1) the issuing PHA has not
executed an assistance contract on behalf of the
family, or (2) the family does not live within the
jurisdiction of the issuing PHA.
EXCEPTIONS TO PORTABILITY
A. Any Family issued a certificate or voucher that did not live
in the jurisdiction of the issuing PHA at the time the Family
applied for assistance, must lease a unit in the jurisdiction
of the Housing Authority for at least 12 months.before the
Family could make a portability move outside the PHA's
jurisdiction. •
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. Portability
Administrative Plan Amendment
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INITIAL PHA RESPONSIBILITIES
The initial PHA is defined as the PHA administering a
Section 8 Certificate or Housing Voucher program that has
a participant who wishes to move, or has moved, to another
PHA's jurisdiction. The responsibilities of the initial
PHA include:
•
A. Administering its own Certificate or Voucher program
to ensure financial ability to provide continued
assistance in accordance with portability procedures.
B . Determining whether the PHA in the area to which a
family wants to move under portability administers a
Voucher and/or Certificate program and would be
willing to accept the family and administer the
certificate/voucher from the initial PHA, or if the
receiving PHA elects to provide assistance to the
family utilizing funding of its own certificate or
voucher program.
C. Notifying the receiving PHA to expect the family and
must verify to the receiving PHA that the family was
income eligible when admitted, that the family was
issued a certificate/voucher consistent with federal
regulations on selection (See 24 CFR 887.155), and
must state the date by which the family must submit a
request for lease approval to the receiving PHA
(governed by 24 CFR 887.165).
D . Continuing to retain the funding for the
Certificate/Voucher under its ACC after the family
moves.
E . Reimbursing the receiving PHA for the full amount of
the housing assistance payments which the receiving
PHA makes on behalf of the family. (This
reimbursement provision does not apply if the
receiving PHA elects to assist the family utilizing
funding under the ACC for its own Voucher or
Certificate Program).
•
F. Reimbursing the receiving PHA for 80% of the initial
PHA's ongoing Administrative Fee for each unit month
the family is assisted in the receiving PHA's
jurisdiction using the initial PHA's certificate or
voucher.
If applicable, the initial PHA is entitled to the
preliminary and hard to house fee. If the family leaves
the program, or if the receiving PHA provides assistance
to the family under its own Voucher or Certificate
program, the initial PHA is again free to use the funding
for other families.
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Portability
Administrative Plan Amendment
RECEIVING PHA RESPONSIBILITIES
The Receiving PHA is defined as the PHA administering a
Voucher or Certificate Program that accepts a Voucher or
Certificate holder who moves from another PHA's
jurisdiction under portability. The responsibilities of
the receiving PHA include:
•
A. Assisting the family moving from the voucher or
certificate program of the initial PHA. The
receiving PHA may not limit the number of families so
assisted. When notified that a family wishes to move
into its jurisdiction, the receiving PHA will issue a
certificate or voucher out of its own ACC funding, if
one is available or it may accept the certificate or
voucher from the initial PHA and will administer it
for the family. If the receiving PHA does not
administer a Voucher Program, but does administer a
certificate program, it may either (1) refer the
initial PHA to another PHA (state-wide or
multi -jurisdictional) which does administer the
Voucher Program in their jurisdiction, or (2)
administer the Voucher assistance on behalf of the
family and bill the initial PHA, or (3) Issue one of
its Certificates to the family. The option belongs
to the receiving PHA, not to the family or the
initial PHA.
B. Billing the initial PHA for the Housing Assistance
Payment and 80% of the initial PHA's administrative
fee for any certificates and/or vouchers it
administers for the initial PHA. If cost justified,
the receiving PHA may also bill the initial PHA for
the preliminary fee (which the initial PHA, in turn,
bills to HUD).
C. Recertifying the family's income eligibility
initially and annually thereafter as long as the
family is assisted by the receiving PHA. Receiving
PHA may not deny assistance to the family on the
grounds that the family's income exceeds the
eligibility income limits in the receiving PHA's
jurisdiction.
D. Communicating with the initial PHA and reporting
immediately to the initial PHA if the family fails to
submit a request for lease approval by the date
specified by the initial PHA.
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Portability
Administrative Plan Amendment
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E. Determining Housing Assistance Payments in accordance
with regulations 24 CFR 887.353. If the receiving
PHA does not administer a voucher program, then it
must adopt a Payment Standard based on the FMR in
e ffect for its jurisdiction at the time it begins
administering a voucher, and must follow all other
applicable regulations and perform all other
functions normally associated with providing voucher
assistance.
F. Notifying the initial PHA if the family ceases to be
a current participant in the initial PHA's program,
e ither by termination of assistance to the family or
by the receiving PHA issuing one of its own vouchers
o r certificates to the family.
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