U.S. Department of Housing and Urban Development

PUBLIC AND INDIAN HOUSING

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Special Attention of: Notice PIH 95-44 (HA)

Public Housing Agencies;

Indian Housing Authorities; Issued: June 23, 1995

State/Area Coordinators; Expires: June 30, 1996

Directors, State and Area

Offices of Public Housing;

Administrators, State and Area Cross References:

Offices of Native American Programs

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Subject: Consolidated Annual Contributions Contract, Form HUD-53012A and
Form HUD-

53012B

1\. This Notice Transmits:

Consolidated Annual Contributions Contract, Form HUD-53012A and Form

HUD-53012B.

2\. Effective Date:

Form HUD-53012A and Form HUD-53012B are effective for immediate use.

3\. Explanation of Materials Transmitted:

o The attached Consolidated Annual Contributions Contract (ACC),

consisting of Form HUD-53012A and Form HUD-53012B, is intended to

replace the most recent Consolidated ACC(s), and any amendments to

the ACC, between HUD and HAs with respect to low-rent and

homeownership public and Indian housing projects. These projects

include Section 23, 10(c), Turnkey III, and Mutual Help projects.

All HAs that currently have projects either under an Annual

Contributions Contract(s), or under any amendments to the ACC, are

required to execute the attached ACC. A HA that fails to execute

the revised ACC will continue to be governed by requirements

contained in its existing ACC with HUD, which may in certain

instances be more restrictive than requirements established in the

revised ACC (e.g., this revised ACC eliminates the requirement

under section 307(A) of the ACC concerning the need for a

comparability analysis of HA personnel policies). In addition, HUD

may elect to deny certain types of financial assistance to a HA

beginning in Federal Fiscal Year 1996 as a result of the HA\'s

failure to execute the attached ACC.

PH : Distribution: W-3-1, W-2(H), R-3-1(PIH), R-6, R-7, R-9, 138-2,
138-7

For HAs that previously have not executed an ACC with HUD, the

attached ACC is to be used when HUD first provides financial

assistance to a HA under the United States Housing Act of 1937

(\"the Act\") for the development of a public or Indian housing

project, as that term is defined in the Act. Any HUD Office of

Public Housing, or any Area Office of Native American Programs,

that intends to execute an ACC with a newly established HA should

contact Headquarters for guidance concerning modifications to the

ACC that must be made prior to execution by the HA.

o PIH currently is in the process of revising Form HUD-53010-D

(\"Development Project Grant Amendment to Consolidated Annual

Contributions Contract,\" dated June, 1989); Form HUD-53010-E

(\"Increase Development Grant Amendment to Consolidated Annual

Contributions Contract,\" dated June, 1989); Form HUD-53010-F

(\"Major Reconstruction of Obsolete Public Housing Projects (MROP)

Grant Amendment to Consolidated Annual Contributions Contract,\"

dated August, 1989); Form HUD-53010-H (\"Modernization Project Grant

Amendment to Consolidated Annual Contributions Contract (Technical

Assistance),\" dated January, 1989); Form HUD-52840 (\"Comprehensive

Grant Program (CGP) Amendment,\" dated January, 1995); and Form HUD-

53009 (\"Comprehensive Improvement Assistance Program (ClAP)

Amendment,\" dated April, 1993). These forms, which currently are

used to provide development or modernization funds for a project,

contain obsolete cross-references to provisions in the existing

ACC. The Office of Public and Indian Housing will provide separate

guidance to HUD Offices with respect to the changes that need to be

made to these forms until such time as replacement forms are

issued.

4\. Significant Changes: The following listing represents the most

significant changes being implemented in this revised ACC. However,

numerous other changes have also been made in this ACC, which are not

identified below. The ACC should be reviewed in its entirety to

determine the exact nature and scope of these revisions.

o Introductory text. The revised ACC eliminates the recitation of the

specific statutory, regulatory and executive order requirements to

which a HA is subject with respect to its public or Indian housing

projects. Instead, the HA is made subject to \"all applicable laws,

executive orders and regulations,\" whether or not these authorities

are specifically incorporated by reference in the ACC. The purpose

of this revision is to minimize the scope of the requirements

contained in the ACC, so that this document can remain a living and

vital contract even after statutes, executive orders and

regulations to which a HA is subject are enacted, promulgated,

2

amended or repealed. With the execution of this revised ACC, HUD

intends to eliminate the obsolescence that has developed over time

in the existing ACC as a result of the enactment of new legislation

and the promulgation of new regulations that conflict with specific

requirements contained in the ACC.

o Organization of ACC. The attached ACC:

\- applies to all HAs (public housing agencies and Indian housing

authorities) with public or Indian low-rent or homeownership

projects that have received, or that will receive, assistance under

the Act for the development, modernization, or operation of a

public or Indian housing project.

\- consists of a Part A (HUD Form 53012-A) and a Part B (HUD Form

53012-B). Part A consists of a 12-page document with requirements

that are applicable to all HAs. Part B consists of seven different

attachments. Attachment I (Debt Forgiveness Requirements) applies

to all HAs (although, by its own terms, debt forgiveness is not

applicable to any project that was fined through the issuance of

tax exempt bonds or by notes subsequently sold to the Federal

Financing Bank). Attachment VII (Insurance Requirements) applies to

all HAs, without limitation. The remaining Attachments II to VI may

or may not apply to an individual HA, depending upon the nature of

its project(s) (e.g., Turnkey III, Mutual Help, Section 23 or

Section 10(c)) or the method of financing used with respect to its

project(s) (e.g., tax-exempt bond-financing).

\- includes a space to indicate the ACC number. The HA should list

in this space the number of its most recent Consolidated ACC with

HUD. If the HA has more than one Consolidated ACC, it should

execute a separate ACC to replace, on a one-for-one basis, its

existing ACC(s). Project(s) covered under these previously

executed ACC(s), and any amendments to those ACCs, will continue to

be covered under this revised ACC(s), thereby eliminating the need

for the HA to re-identify each covered project. The ACC makes clear

that any low-income use restrictions applicable to such project(s)

shall continue in effect for the maximum period remaining under the

previously executed ACCs, including any extension of the original

ACC term based upon the HA\'s receipt of modernization or operating

assistance. The ACC shall also apply to all future project(s) that

may be added through the execution of a development or

modernization grant amendment.

\- implements the amendments previously contained in the \"Lower

Income Debt Forgiveness Amendment to Consolidated Annual

Contributions Contract\" (\"Debt Forgiveness Amendment\"). The Debt

Forgiveness Amendment was executed by HUD and numerous HAs

following the enactment of section 3004 of the Housing and

Community Development Reconciliation Amendments of 1985. Section

3004 provided for the cancellation of a HA\'s obligation to pay

principal and interest under a loan contract for the development or

3

modernization of a project, to the extent that the loan was to be

repaid using debt service annual contributions. Inclusion of the

Debt Forgiveness Amendment provisions in this revised ACC extends

debt forgiveness to all HAs with outstanding debt pursuant to the

loan-financing method of development (and specifically excludes

projects that were financed through the HA\'s issuance of tax-exempt

bonds, or by notes that later were sold to the Federal Financing

Bank). Attachment I to the ACC contains additional requirements

pertaining to debt forgiveness.

\- eliminates all references to \"residual receipts\", since HUD has

eliminated administratively the maximum cap on operating reserves

(thereby eliminating \"residual receipts\" that would otherwise be

payable to HUD). Although HUD previously retained the applicability

of \"residual receipts\" to Section 23 projects, it has decided to

eliminate the maximum cap on operating reserves with respect to

Section 23 projects as well. HUD intends to issue a notice shortly

to implement this change for Section 23 projects.

\- eliminates specific requirements with respect to the development

of public and Indian housing. (Section 5 of the ACC contains a

generic requirement that the HA comply with all ACC, statutory,

regulatory and executive order requirements when developing such

projects, but does not list specific requirements.) Attachment V to

the ACC retains numerous requirements from the existing ACC that

are not otherwise covered under HUD\'s development regulations at 24

CFR part 941. The requirements contained in Attachment V are

applicable only to public housing projects, and not to Indian

housing projects (the development of Indian housing projects will

be governed solely by regulatory requirements at 24 CFR part 950).

The requirements contained in Attachment V will no longer apply

after HUD publishes for effect an interim or final rule overhauling

the part 941 regulations.

\- eliminates a number of obsolete provisions pertaining to bond-

financing since this method of financing is no longer being used by HUD

to finance the development of public or Indian housing projects (e.g.,

HAs no longer issue Temporary Notes, nor is there any reason to continue

to describe the nature of the required bond resolutions).

o Section 14. Eliminates the existing requirement under section

307(A) of the ACC with respect to \"comparability\" of HA personnel

policies. The revised ACC requires the HA to comply with all

tribal, State and Federal laws applicable to employee benefit plans

and other conditions of employment.

o Section 17. Eliminates the distinction under sections 506 and 507

of the existing ACC with respect to a \"substantial default\" and a

\"substantial breach.\" The revised ACC refers simply to a

\"substantial default,\" and identifies a non-exclusive listing of

actions that constitute a substantial default under the ACC.

4

o Section 19. Adds a new conflict of interest provision dealing with

a HA\'s hiring of employees. (The conflict of interest requirements

contained in section 19 are not applicable to IHAs.)

5\. Issuances Rendered Obsolete:

Low-Rent Public Housing Annual Contributions Contract, Part I (Form HUD-

53010), dated November, 1969.

Low-Rent Public Housing Annual Contributions Contract, Part II (Form

HUD-53011), dated November, 1969.

Low-Rent Indian Housing Annual Contributions Contract, Part I (Form HUD-

53010), dated November, 1969.

Low-Rent Indian Housing Annual Contributions Contract, Part II (Form

HUD-53011), dated November, 1969.

Annual Contributions Contract for the Mutual Help Program (Form HUD-

53041), dated 1963 (\"Old\" Mutual Help ACC), and dated March, 1976
(\"New\"

Mutual Help ACC).

Amendments to Public and Indian Housing Annual Contributions Contracts

(HUD-53010-C), dated January, 1972.

Lower Income Public and Indian Housing Debt Forgiveness Amendment to

Consolidated Annual Contributions Contract (Form HUD-53010-J, dated

December, 1988).

6\. Procedures for Execution of ACC:

o The HA initiates the process for executing, the revised ACC. First,

the HA enters on page 1 of the revised ACC its existing ACC number

and enters its complete name in the space provided. (The HA should

not enter a date on page 1 of the ACC, since this information is to

be filled in by the Public Housing Director or the Administrator of

ONAP following his or her execution of the ACC.) A HA that

currently has more than one Consolidated ACC should execute a

separate ACC to replace each of its existing ACCs, and should

continue to use its existing ACC numbers when completing the

attached ACCs. The HA must ensure that the appropriate official

executes the ACC and that an executed original and one copy of the

ACC are forwarded by December 15, 1995 to the local HUD Office of

Public Housing or the Area Office of Native American Programs.

o The HUD Office of Public Housing or the Area Office of Native

American Programs shall ensure that it receives by December 15,

1995 an executed ACC from each HA within its jurisdiction that

currently has low-rent or homeownership public or Indian housing

projects covered under an ACC with HUD. If, by the December 15 due

date, an executed ACC is not received from all such HAs, the Office

5

of Public Housing or the Area Office of Native American Programs

must so inform the Office of Public and Indian Housing in

Headquarters, which can then determine the appropriate steps to be

taken.

The HUD Office of Public Housing (or the Area Office of Native American

Programs) shall review all executed ACCs that are received by the
December 15

due date to ensure that the HA has properly entered its existing ACC

number(s), and its full name, on page 1 of the ACC. Thereafter, the
office

shall forward the ACCs to field counsel, who will review the ACCs to
ensure

that they have been properly executed by the appropriate HA official.
Field

counsel shall notify the Office of Public Housing (or the ONAP) of the

results of its review with respect to each ACC it receives. Following a

determination by field counsel determines that an ACC has been properly

executed by the appropriate HA official, the ACC shall be executed and
dated

by the Public Housing Director (or the Administrator of the ONAP, as

applicable). The HUD Office retains the original ACC for its files,
which

must be maintained in the office\'s normal repository for such
documents, and

returns an executed copy of the ACC to the HA. If field counsel
determines

that the ACC has not been properly executed by the HA, field counsel
shall so

inform the Public Housing Director (or the Administrator of the ONAP),
who

shall then resolve any noted concerns directly with the HA.

Assistant Secretary for Public

and Indian Housing

6

U.S. Department of Housing

and Urban Development

Terms and Conditions

Constituting Part A of a

Consolidated Annual Contributions Contract

Between Housing Authority and

the United States of America

Forms HUD-53010 and Form HUD-53012A

HUD-53011 are obsolete (7/95)

TABLE OF CONTENTS

\-- Part A \--

Section Page

Section 1 Consolidation of Annual Contributions Contract. 1

Section 2 Definitions. 1

Section 3 Mission of HUD. 2

Section 4 Mission of the HA. 2

Section 5 Covenant to Develop and Operate. 3

Section 6 Cooperation Agreement(s). 3

Section 7 Covenant Against Disposition and Encumbrances. 3

Section 8 Declaration of Trust. 3

Section 9 Depository Agreement and General Fund. 4

Section 10 Pooling of Funds. 4

Section 11 Operating Budget. 5

Section 12 Civil Rights Requirements. 5

Section 13 Insurance Requirements. 6

Section 14 Employer Requirements. 7

Section 15 Books of Account, Records, and Government Access. 7

Section 16 Termination of a Project Under Management. 7

Form HUD-53012A

i (7/95)

Section Page

Section 17 Notices, Defaults, Remedies. 7

Section 18 Rights and Obligations of HUD While 9

in Possession of Project(s).

Section 19 Conflict of Interest. 9

Section 20 Interest of a Member or Delegate to Congress. 11

Section 21 Rights of Third Parties. 11

Section 22 Performance of Conditions Precedent to 11

the Validity of this ACC.

Section 23 Waiver or Amendment. 11

Form HUD-53O12A

ii (7/95)

This Annual Contributions Contract (\"ACC\"),
No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, is

entered into as of this \_\_\_\_\_\_\_\_day of \_\_\_\_\_\_\_\_, 199\_\_
by and between the

United States of America, acting by and through the Secretary of Housing
and

Urban Development, (\"HUD\") and (the \"HA\"). The parties to this ACC
may

havepreviously entered into Consolidated ACCs whose terms and conditions
have

become obsolete through the subsequent passage of legislation or the

promulgation of regulations by HUD. The parties wish to resolve this

obsolescence by entering into this ACC, which shall supersede the most
recent

Consolidated ACC entered into between the HA and HUD bearing the same
ACC

number as this Consolidated ACC, and which incorporates by reference
into

this ACC those regulations issued by HUD for the development,
modernization,

and operation of public and Indian housing projects contained in Title
24 of

the Code of Federal Regulations, as said Title shall be amended from
time to

time. Nothing herein shall release the HA from compliance with all
applicable

laws, executive orders, and regulations that are not specifically

incorporated herein by reference.

This ACC covers all project(s) listed under the most recent Consolidated
ACC

entered into between HUD and the HA bearing the same ACC number as this
ACC,

and any amendments thereto, as well as any additional project(s) that
may be

added as a result of future amendments to this ACC. This ACC shall
remain in

effect with respect to such projects for the maximum period required by
law.

or as may be established by HUD. If this ACC consolidates previous

ACCs executed by the parties, it shall remain in effect for the maximum

period remaining under such previously executed ACCS; including any
extension

of the original ACC term based upon the HA\'s receipt of modernization
and

operating subsidies.

Section 1 - Consolidation of Annual Contributions Contract.

This ACC supersedes the most recent Consolidated ACC entered into
between HUD

and the HA bearing the same ACC number as this ACC (including both Parts
I

and II), and any amendments thereto, provided that this novation shall
in no

way affect obligations outstanding, accounts due, or other actions taken

pursuant to such previous ACCs, all of which matters shall be
administered

pursuant to and under this ACC.

Section 2 - Definitions.

ACC - Consolidated Annual Contributions Contract between HUD and the HA,

as may be amended herein, consisting of Part A (which sets forth

requirements applicable to all projects) and Part B (which sets forth

additional requirements that apply only to certain types of projects).

Act - the United States Housing Act of 1937, as amended.

Form HUD-53012A

Page 1 of 12 (7/95)

Cooperation Agreement - agreement(s) prescribed by HUD for execution by

the HA and the local governing body relative to the cooperation of the
local

governing body in the development and operation of the project(s) and
the

obligation of the HA for payments in lieu of taxes, due to the exemption
of

the project from all real and personal property taxes.

HA - a public housing agency as defined in the Act, including an Indian

housing authority.

HUD approval - prior written approval from HUD.

\"Operating receipts\" and \"Operating expenditures\" - Operating
receipts

shall mean all rents, revenues, income, and receipts accruing from, out
of,

or in connection with the ownership or operation of such project.
Operating

receipts shall not include any funds received for development or

modernization of a project, annual contributions pledged for payment of
bonds

or notes, or proceeds from the disposition of real property. Operating

expenditures shall mean all costs incurred by the HA for administration,

maintenance and other costs and charges that are necessary for the
operation

of the project. Operating expenditures shall not include any costs
incurred

as part of the development or modernization cost, or payment of
principal or

interest of bonds or notes.

Project - public and Indian housing developed, acquired, or assisted by

HUD under the Act, other than under section 8 of the Act, and the
improvement

of such housing. The term shall include all real and personal property,

tangible and intangible, which is acquired or held by a HA in connection
with

a project covered under this ACC.

Section 3 - Mission of HUD.

HUD shall administer the Federal public and Indian housing program for
the

provision of decent, safe, and sanitary housing to eligible families in

accordance with this ACC and all applicable statutes, executive orders,
and

regulations. HUD shall provide maximum responsibility and flexibility to
HAs

in making administrative decisions within all applicable statutes,
executive

orders, regulations and this ACC. HUD shall provide annual contributions
to

the HA in accordance with all applicable statutes, executive orders,

regulations, and this ACC.

Section 4 - Mission of the HA.

The HA shall at all times develop and operate each project solely for
the

purpose of providing decent, safe, and sanitary housing for eligible
families

in a manner that promotes serviceability, economy, efficiency, and
stability

of the projects, and the economic and social well-being of the tenants.

Form HUD-53O12A

Page 2 of 12 (7/95)

Section 5 - Covenant to Develop and Operate.

The HA shall develop and operate all projects covered by this ACC in

compliance with all the provisions of this ACC and all applicable
statutes,

executive orders, and regulations issued by HUD, as they shall be
amended

from time to time, including but not limited to those regulations
promulgated

by HUD at Title 24 of the Code of Federal Regulations, which are hereby

incorporated into this ACC by reference as if fully set forth herein,
and as

such regulations shall be amended from time to time. The HA shall also
ensure

compliance with such requirements by any contractor or subcontractor
engaged

in the development or operation of a project covered under this ACC.

Section 6 - Cooperation Agreement(s).

During the development and operation of the project(s), the HA shall
perform

and comply with all applicable provisions of the Cooperation
Agreement(s), in

the form prescribed by HUD, including the making of payments in lieu of
taxes

provided therein (or such lesser amount as may be prescribed by State
law or

agreed to by the local governing body), shall at all times preserve and

enforce its rights thereunder, and shall not terminate or amend the

Cooperation Agreement(s) without the written approval of HUD.

Section 7 - Covenant Against Disposition and Encumbrances.

The HA shall not demolish or dispose of any project, or portion thereof,

other than in accordance with the terms of this ACC and applicable HUD

requirements. With the exception of entering into dwelling leases with

eligible families for dwelling units in the projects covered by this
ACC, and

normal uses associated with the operation of the project(s), the HA
shall not

in any way encumber any such project, or portion thereof, without the
prior

approval of HUD. In addition, the HA shall not pledge as collateral for
a

loan the assets of any project covered under this ACC.

Section 8 - Declaration of Trust.

Promptly upon the acquisition of the site of any project, the HA shall

execute and deliver an instrument (which may be in the form of a
declaration

of trust, a trust indenture, or such other document as may be approved
by

HUD), confirming and further evidencing, among other things, the
covenant of

the HA not to convey or encumber the project except as expressly
authorized

in this ACC. Such instrument and all amendments shall be duly recorded
or

filed for record wherever necessary to give public notice of their
contents

and to protect the rights and interests of HUD and of any bondholders.
The HA

shall furnish HUD with appropriate evidence of such recording or filing.
From

time to time, as additional real property is acquired by the HA in
connection

with the projects, the HA shall promptly amend such instrument to
incorporate

all such real property and shall record the instrument, as amended.

Form HUD-53012A

Page 3 of 12 (7/95)

Section 9 - Depository Agreement and General Fund.

\(A\) The HA shall deposit and invest all funds and investment
securities

received by or held for the account of the HA in connection with the

development, operation and improvement of the projects under an ACC with
HUD

in accordance with the terms of the General Depository Agreement(s). The

General Depository Agreement shall be in the form prescribed by HUD and
must

be executed by the HA and the depository. Immediately upon the execution
of

any Depository Agreement, the HA shall furnish to HUD such executed or

conformed copies thereof as HUD may require. A Depository Agreement
shall not

be terminated except after 30 days notice to HUD.

\(B\) All monies and investment securities received by or held for the
account

of the HA in connection with the development, operation and improvement
of

projects in accordance with an ACC with HUD shall constitute the
\"General

Fund.\"

\(C\) The HA shall maintain records that identify the source and
application of

funds in such a manner as to allow HUD to determine that all funds are
and

have been expended in accordance with each specific program regulation
and

requirement. The HA may withdraw funds from the General Fund only for:
(1)

the payment of the costs of development and operation of the projects
under

ACC with HUD; (2) the purchase of investment securities as approved by
HUD;

and (3) such other purposes as may be specifically approved by HUD.
Program

funds are not fungible; withdrawals shall not be made for a specific
program

in excess of the funds available on deposit for that program.

Section 10 - Pooling of Funds.

\(A\) The HA may deposit into an account covered by the terms of the
General

Depository Agreement any funds received or held by the HA in connection
with

any project operated by the HA under the provisions of this ACC.

\(B\) The HA may also deposit into an account covered by the General
Depository

Agreement by lump-sum transfers of funds from the depositories of other

projects or enterprises of the HA in which HUD has no financial
interest,

amounts necessary for current expenditures of items chargeable to all

projects and enterprises of the HA.

\(C\) The HA shall not withdraw from any of the funds or accounts
authorized

under this section amounts for the projects under ACC, or for the other

projects or enterprises, in excess of the amount then on deposit in
respect

thereto.

Form HUD-53012A

Page 4 of 12 (7/95)

Section 11 - Operating Budget.

\(A\) The HA shall prepare and have approved by its Board of
Commissioners an

operating budget for each of its fiscal years in a manner, and using
such

forms, as prescribed by HUD. The HA shall submit a calculation of
operating

subsidy eligibility in the manner prescribed by HUD in regulations in
Title

24 of the Code of Federal Regulations. HUD shall review the calculation
and,

if correct, and subject to the availability of funds, take action within
45

days of submission to obligate the funds and approve a payment schedule,

unless the HA is notified that it must submit an operating budget as
provided

in (B) below. HUD may revise or amend the subsidy calculation to bring
it

into conformity with regulatory requirements. The HA shall submit
revised

calculations in support of mandatory or other adjustments based on
procedures

and deadlines prescribed by HUD.

\(B\) If HUD directs the HA to submit an operating budget because it has
failed

to achieve certain specified operating standards, or for other reasons
which

in HUD\'s determination require it, HUD shall, within 45 days of receipt
of

the complete operating budget, review and approve the operating budget
if the

plan of operation and the amounts included therein are reasonable. If
HUD

disapproves any proposed operating budget, or approves such budget with

modifications, the HA shall be notified in writing and be furnished with
an

explanation of the reasons for such disapproval or modified approval.
Any HA

that is required to submit an operating budget may, at any time prior to

thirty days before the end of the HA fiscal year, submit to HUD a
proposed

revision of any approved operating budget.

\(C\) HUD shall not in any Federal fiscal year approve any estimate or
revision

of a HA\'s operating budget in an amount which, together with the amount
of

all operating subsidies then contracted for by HUD, would exceed the
amount

as determined by HUD of contracting authorization for operating
subsidies

under the Act. HUD shall not be obligated to make any payments on
account of

operating subsidies in an amount in excess of the amount specifically

approved by HUD.

\(b\) The HA shall not incur any operating expenditures except pursuant
to an

approved operating budget. If unbudgeted expenditures are incurred in

emergencies to eliminate serious hazards to life, health and safety, the

operating budget shall be amended accordingly.

Section 12 - Civil Rights Requirements.

\(A\) The HA shall comply with all statutory, regulatory, and executive
order

requirements pertaining to civil rights, equal opportunity, and

nondiscrimination, as those requirements now exist, or as they may be

enacted, promulgated, or amended from time to time. These requirements

include, but shall not be limited to, compliance with at least the
following

authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d;
24

CFR part 1); the Fair Housing Act (42 U.S.C. 3601-3619; 24 CFR part
100);

section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794; 24 CFR
part 8);

Form HUD-53012A

Page 5 of 12 (7/95)

(the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107; 24 CFR part
146);

the Americans with Disabilities Act (Pub. L. 101-336, approved July 26,
1990;

28 CFR part 35); Executive Order 11063 on Equal Opportunity in Housing
(24

CFR part 107); Executive Order 11246 on Equal Employment Opportunity, as

amended by Executive Order 11375 (41 CFR pan 60); and Executive Order
12892

on Affirmatively Furthering Fair Housing. An Indian Housing Authority

established pursuant to tribal law shall comply with applicable civil
rights

requirements, as set forth in Title 24 of the Code of Federal
Regulations.

\(B\) In connection with the development or operation of any project,
the HA

shall not discriminate against any employee or applicant for employment

because of race, color, religion, sex, disability, age, or national
origin.

The HA shall take affirmative action to ensure that applicants are
employed,

and that employees are treated during employment, without regard to
race,

color, religion, sex, disability, age, or national origin. Such action
shall

include, but not be limited to, the following: employment, upgrading,

demotion, or transfer; recruitment or recruitment advertising; layoff or

termination; rates of pay or other forms of compensation; and selection
for

training, including apprenticeship. The HA shall insert the foregoing

provision (modified only to show the particular contractual
relationship) in

all its contracts in connection with the development or operation of any

project, except contracts for standard commercial supplies or raw
materials

and contracts referred to in subsection (C) of this section, and shall

require all contractors to insert a similar provision in all
subcontracts,

except subcontracts for standard commercial supplies or raw materials.
The

HA shall post at the projects, in conspicuous places available to
employees

and applicants for employment, notices to be provided by HUD setting
forth

the provisions of this nondiscriminatory clause.

\(C\) The HA shall incorporate the language required by Executive Order
11246,

codified at 41 CFR Sec. 60-1.4(b) (or any successor provision), into any

contract for construction work, or any modification thereof, which is
paid

for in whole or in part with funds obtained under this ACC. In addition,
the

HA agrees that it will be bound by the equal employment opportunity

provisions set forth at 41 CFR Sec. 60-1.4(b) (or any successor
provision)

with respect to its own employment practices when it uses its own staff

(force account) to carry out Federally assisted construction work.

Section 13 - Insurance Requirements.

\(A\) Except as otherwise provided by HUD, the HA shall procure adequate

insurance to protect the HA from financial loss resulting from various

hazards if the HA determines that exposure to certain hazards exists.
The

types of insurance required, or that should be purchased, and other

requirements with respect to insurance coverage are listed in Part B,

Attachment VII, of this ACC.

\(B\) The HA shall, to the extent that insurance proceeds permit,
promptly

restore, reconstruct, and/or repair any damaged or destroyed property of
a

project, except with the written approval of HUD to the contrary.

Form HUD-53012A

Page 6 of 12 (7/95)

Section 14 - Employer Requirements.

\(A\) The HA shall comply with all tribal, State and Federal laws
applicable

to employee benefit plans and other conditions of employment.

\(B\) No funds of any project may be used to pay any compensation for
the

services of members of the HA Board of Commissioners.

Section 15 - Books of Account, Records, and Government Access.

\(A\) The HA must maintain complete and accurate books of account for
the

projects of the HA in such a manner as to permit the preparation of

statements and reports in accordance with HUD requirements, and to
permit

timely and effective audit.

\(B\) The HA must furnish HUD such financial and project reports,
records,

statements, and documents at such times, in such form, and accompanied
by

such reporting data as required by HUD.

\(C\) The United States Government, including HUD and the Comptroller
General,

and its duly authorized representatives, shall have full and free access
to

all HA offices and facilities, and to all books, documents, and records
of

the HA relevant to the administration of the projects under this ACC,

including the right to audit and make copies.

Section 16 - Termination of a Project Under Management.

If any project under management under this ACC is terminated, all
project

reserves shall become part of another project administered by the HA in

accordance with the terms of this ACC. If no other project(s) under

management exists, the remaining project reserves shall be distributed
as

directed by HUD.

Section 17 - Notices, Defaults, Remedies.

\(A\) Any notice required or permitted to be given under this ACC shall
be in

writing, signed by a duly authorized official, and addressed, if to the
HA,

to the principal office of the HA, and if to HUD, to the HUD office with

jurisdiction over the HA, unless otherwise directed by regulation or
other

requirement of HUD.

\(B\) Upon the occurrence of a substantial default by the HA, as
determined by

HUD in accordance with this ACC, HUD shall be entitled to any or all of
the

remedies set forth in paragraphs (E), (F), and (H) below. A substantial

default is a serious and material violation of any one or more of the

Form HUD-53012A

Page 7 of 12 (7/95)

covenants contained in this ACC. Events of substantial default shall
include,

but shall not be limited to, any of the following occurrences: (1)
failure to

maintain and operate the project(s) under this ACC in a decent, safe,
and

sanitary manner; (2) the disposition or encumbrance of any project or
portion

thereof without HUD approval; (3) failure of the HA to comply with any
civil

rights requirements applicable to the HA and the project(s); (4)
abandonment

of any project by the HA, or of the powers of the HA to operate the

project(s) in accordance with the provisions of this ACC are curtailed
or

limited to an extent that will prevent the accomplishment of the
objectives

of this ACC; (5) failure to carry out modernization or development in a

timely, efficient and effective manner; and (6) termination of tax
exemption

(either real or personal property) on behalf of a project covered under
this

ACC.

\(C\) Delivery of a notice of substantial default shall be required
before the

exercise of any remedy permitted under this ACC. Such notice shall: (1)

identify the specific covenants, statutes, executive orders, or
regulations

alleged to have been violated; (2) identify the specific events,
actions,

failure to act, or conditions that constitute the alleged substantial

default; and (3) provide a specific timeframe for the HA to cure the

substantial default, taking into consideration the nature of the
default.

\(D\) Except in cases involving clear and apparent fraud, serious
criminal

behavior, or emergency conditions that pose an imminent threat to life,

health, or safety, the HA shall have the right to appeal any such notice

received from the HUD office with jurisdiction over the HA. Such
informal

appeals shall be in writing and shall be submitted within ten (10)
working

days from the date of the HA\'s receipt of such notice. Appeals of the
action

of a HUD Office shall be made to the Assistant Secretary for Public and

Indian Housing, or such other official as shall be a successor thereto.

\(E\) Upon the occurrence of a substantial default, or the expiration of
any

applicable cure period provided by HUD, the HA shall: (1) convey to HUD
title

to the project(s) as demanded by HUD if, in the determination of HUD
(which

determination shall be final and conclusive), such conveyance of title
is

necessary to achieve the purposes of the Act; or (2) deliver possession
and

control of the project(s) to HUD.

\(F\) Nothing contained in this ACC shall prohibit or limit HUD from the

exercise of any other right or remedy existing under applicable law, or

available at equity. HUD\'s exercise or nonexercise of any right or
remedy

under this ACC shall not be construed as a waiver of HUD\'s right to
exercise

that or any other right or remedy at any time.

\(G\) If HUD shall acquire title to, or possession of the project(s),
HUD

shall reconvey or redeliver possession of the project(s) to the HA, or
to any

successor recognized by HUD: (1) upon a determination by HUD that the

substantial default has been cured and that the project(s) will
thereafter be

operated in accordance with the terms of this ACC; or (2) after the

termination of HUD\'s obligation to make annual contributions available,

unless there are any obligations, or covenants of the HA to HUD that are
then

in default.

Form HUD-53012A

Page 8 of 12 (7/95)

\(H\) HUD may at any time by notice to the HA declare this ACC
terminated with

respect to any project that at such time has not been permanently
financed

if: (1) the HA has made any fraudulent or willful misrepresentation of
any

material fact in any document or data submitted to HUD as a basis for
this

ACC or as an inducement to HUD to enter into this ACC; or (2) a
substantial

default exists in connection with any of the projects; provided that no
such

termination shall affect any obligation of HUD to make annual
contributions

pursuant to section 12 of Attachment VI, Part B, of this ACC.

Section 18 - Rights and Obligations of HUD While In Possession of

Project(s).

\(A\) During any period in which HUD holds title to or possession of the

projects after a substantial default by the HA, HUD shall develop and or

operate such project(s) as nearly as practicable in accordance with the

provisions of this ACC.

\(B\) During any such period, HUD may, in the name and on behalf of the
HA, or

in its own name and on its own behalf (as HUD shall solely determine),

exercise any and all rights of the HA under this ACC, and perform any
and all

obligations of the HA under this ACC. Nothing herein shall be deemed to
make

the action(s) or omission(s) of the HA attributable to HUD.

Section 19 - Conflict of Interest.

(A)(1) In addition to any other applicable conflict of interest
requirements,

neither the HA nor any of its contractors or their subcontractors may
enter

into any contract, subcontract, or arrangement in connection with a
project

under this ACC in which any of the following classes of people has an

interest, direct or indirect, during his or her tenure or for one year

thereafter:

\(i\) Any present or former member or officer of the governing body

of the HA, or any member of the officer\'s immediate family. There

shall be excepted from this prohibition any present or former

tenant commissioner who does not serve on the governing body of a

resident corporation, and who otherwise does not occupy a

policymaking position with the resident corporation, the HA or a

business entity.

\(ii\) Any employee of the HA who formulates policy or who influences

decisions with respect to the project(s), or any member of the

employee\'s immediate family, or the employee\'s partner.

\(iii\) Any public official, member of the local governing body, or

State or local legislator, or any member of such individuals\'

immediate family, who exercises functions or responsibilities with

respect to the project(s) or the HA.

Form HUD-53012A

Page 9 of 12 (7/95)

\(2\) Any member of these classes of persons must disclose the member\'s

interest or prospective interest to the HA and HUD.

\(3\) The requirements of this subsection (A)(1) may be waived by HUD
for

good cause, if permitted under State and local law. No person for whom a

waiver is required may exercise responsibilities or functions with
respect to

the contract to which the waiver pertains.

\(4\) The provisions of this subsection (A) shall not apply to the

General Depository Agreement entered into with an institution regulated
by a

Federal agency, or to utility service for which the rates are Fixed or

controlled by a State or local agency.

\(5\) Nothing in this section shall prohibit a tenant of the HA from

serving on the governing body of the HA.

(B)(1) The HA may not hire an employee in connection with a project
under

this ACC if the prospective employee is an immediate family member of
any

person belonging to one of the following classes:

\(i\) Any present or former member or officer of the governing body

of the HA. There shall be excepted from this prohibition any former

tenant commissioner who does not serve on the governing body of a

resident corporation, and who otherwise does not occupy a

policymaking position with the HA.

\(ii\) Any employee of the HA who formulates policy or who influences

decisions with respect to the project(s).

\(iii\) Any public official, member of the local governing body, or

State or local legislator, who exercises functions or

responsibilities with respect to the project(s) or the HA.

\(2\) The prohibition referred to in subsection (B)(1) shall remain in

effect throughout the class member\'s tenure and for one year
thereafter.

\(3\) The class member shall disclose to the HA and HUD the member\'s

familial relationship to the prospective employee.

\(4\) The requirements of this subsection (B) may be waived by the HA

Board of Commissioners for good cause, provided that such waiver is
permitted

by State and local law.

\(C\) The requirements of subsections (A) and (B) of this section do not
apply

to contracts entered into by an Indian Housing Authority, its
contractors or

subcontractors, although such contracts remain subject to other
applicable

conflict of interest requirements.

Form HUD-53012A

Page 10 of 12 (7/95)

\(D\) For purposes of this section, the term \"immediate family member\"
means

the spouse, mother, father, brother, sister, or child of a covered class

member (whether related as a full blood relative, or as a \"half\" or
\"step\"

relative, e.g., a half-brother or stepchild).

Section 20 - Interest of a Member 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 may arise from it. (As used in this section, the
term

\"resident commissioner\" refers to an individual appointed to oversee a

territory or possession of the United States of America, e.g., Guam.)

Section 21 - Rights of Third Parties.

Except as to bondholders, as stated in Part B (Attachment VI) of this
ACC,

nothing in this ACC shall be construed as creating any right of any
third

party to enforce any provision of the ACC or to assert any claim against
HUD

or the HA.

Section 22 - Performance of Conditions Precedent to the Validity of this

ACC.

The HA certifies that all conditions precedent to the valid execution
and

delivery of this ACC on its part have been complied with, that all
things

necessary to constitute this ACC its valid, binding, and legal agreement
on

the terms and conditions and for the purposes herein set forth have been
done

and have occurred and that the execution and delivery of the ACC on its
part

have been and are in all respects duly authorized in accordance with
law.

HUD similarly certifies with reference to its execution and delivery of
this

ACC.

Section 23 - Waiver or Amendment.

Any right or remedy that HUD may have under this ACC may be waived in
writing

by HUD without the execution of a new or supplemental agreement; or by
mutual

agreement of the parties to this ACC, this contract may be amended in

writing: Provided, That none of the provisions of this ACC may be
modified or

amended so as to impair in any way HUD\'s obligation to pay any annual

contributions that have been pledged as security for any obligations of
the

HA.

Form HUD-53012A

Page 11 of 12 (7/95)

In witness whereof, the HA and HUD have caused this ACC to be executed
and

the HA has caused its seal to be hereunto affixed and attested all as of
the

date first above written.

(SEAL)

ATTEST:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Housing Authority)

By
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Chairperson)

UNITED STATES OF AMERICA

Secretary of Housing and Urban

Development

By
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Official Title)

Form HUD-53012A

Page 12 of 12 (7/95)

U.S. Department of Housing

and Urban Development

ADDITIONAL TERMS AND

CONDITIONS

Constituting Part B of a

Consolidated Annual Contributions Contract

Between Housing Authority and

the United States of America

Forms HUD-53010 and Form HUD-530128

HUD-53011 are obsolete (7/95)

TABLE OF CONTENTS

\- PART B -

Heading Page

Applicability of Additional Requirements i

Pursuant to Part B of this ACC.

Debt Forgiveness Requirements Applicable to I-1

Low Income Public and Indian Housing Projects.

Special Requirements for Section 23 and Section 10(c) II-I

Projects. to II-3

Special Requirements for Turnkey III Homeownership III-1

Opportunities Projects.

Special Requirements for Mutual Help Projects. IV-1

to IV-2

Special Interim Requirements for Development Projects. V-1

to V-10

Special Requirements Applicable to Projects Financed VI-1

Through the Issuance of Tax-Exempt Bonds or Notes to VI-12

Sold to the Federal Financing Bank.

Insurance Requirements VII-1

to VII-2

Form HUD-53012B

(7/95)

Applicability of Additional Requirements

Pursuant to Part B of this ACC

The HA shall comply with all additional requirements set forth in any

applicable attachments contained in this Part B to the ACC. The HA is

responsible for determining whether the following attachment(s) apply to
the

HA\'s project(s), and for determining the extent to which they apply to
a HA\'s

projects. The HA shall not be relieved of its obligation to comply with
these

requirements because of its failure to make an appropriate determination
of

applicability.

\(A\) Attachment I: Debt Forgiveness Requirements Applicable to Low
Income

Public and Indian Housing Projects. (Applicable to all projects, except
those

financed by the HA\'s issuance of tax-exempt bonds or by the sale of
notes to

the Federal Financing Bank.)

\(B\) Attachment II: Special Requirements for Section 23 and Section
10(c)

projects. (Applicable to all projects developed pursuant to sections 23
or

10(c) of the Act.)

\(C\) Attachment III: Special Requirements for Turnkey III Homeownership

Opportunities Projects. (Applicable to all projects operating pursuant
to the

Turnkey III Homeownership Opportunities program.)

\(D\) Attachment IV: Special Requirements for Mutual Help Homeownership

Projects. (Applicable to all projects operating pursuant to the Mutual
Help

Homeownership program.)

\(E\) Attachment V: Special Interim Requirements for Development
Projects.

(Applicable, on an interim basis, to all projects being developed, or

proposed to be developed, by a public housing authority under the Act.)

\(F\) Attachment VI: Special Requirements Applicable to Projects
Financed

Through the Issuance of Tax-Exempt Bonds or Notes Sold to the Federal

Financing Bank. (Applicable to all projects financed through the
issuance of

tax-exempt bonds or through notes sold to the Federal Financing Bank.)

\(G\) Attachment VII: Insurance Requirements. (Applicable to all
projects.)

Form HUD-53012B

-i- (7/95)

ATTACHMENT IV

Special Requirements for Mutual Help Homeownership Projects

Section Page

Section 1 Annual Contributions Contract. IV-1

Section 2 MHO Agreement. IV-1

Section 3 Books of Account. IV-2

Section 4 Application of Purchase Payments. IV-2

Section 1 - Annual Contributions Contract.

The IHA agrees to develop and operate its Mutual Help project(s) in

compliance with any applicable HUD regulations and guidelines for the
Mutual

Help (MH) Homeownership Opportunity Program, and in accordance with all

contractual obligations imposed upon the IHA by the Mutual Help and
Occupancy

Agreement (MHO Agreement).

Section 2 - MHO Agreement.

\(A\) The MH Program provides low income families with an opportunity to

become homeowners in return for the families\' agreement to make a
minimum

contribution toward the development cost of a project, to maintain the
home,

and to perform all duties of a homebuyer under a MHO Agreement.

\(B\) As units become available, the IHA shall execute a MHO Agreement,
in the

form prescribed by HUD, with each eligible family. The IHA shall ensure
the

homebuyer\'s compliance with all applicable provisions of the MHO
Agreement,

and shall be responsible for ensuring that the Mutual Help unit is
maintained

in a decent, safe and sanitary condition, notwithstanding the
homebuyer\'s

failure to meet his or her obligation for maintenance under the MHO

Agreement.

\(C\) The IHA shall ensure that each home in a MH project is used,
unless

otherwise approved by HUD, solely in accordance with a MHO Agreement
executed

with an eligible homebuyer.

\(D\) The IHA\'s failure to enter into a MHO Agreement with an eligible
family

for an available home in a Mutual Help project at the times required by
HUD,

constitutes a substantial default under this ACC.

Form HUD-53012B

Attachment IV - page 1 of 2 (7/95)

Section 3 - Books of Account.

The IHA shall maintain books of account and records in accordance with
the

requirements of the MHO Agreement and any HUD requirements. The books of

account and records shall be maintained in such manner as will at all
times

show the operating receipts, operating expenses, reserves, and other
required

accounts for the project separate and distinct from all other projects
under

this ACC.

Section 4 - Application of Purchase Payments.

All funds held or received by the IHA from a homebuyer for the purchase
of a

MH unit shall be used or disposed of by the IHA as authorized by HUD in

applicable statutes, executive orders, regulations, or contractual
documents

governing the use of proceeds of sale.

Form HUD-53012B

Attachmcnt IV - page 2 of 2 (7/95)

ATTACHMENT V

Social Intertim Requirements for Development Projects

Section Page

Section 1 Acquisition of Project Sites. V-1

Section 2 Architectural and Engineering Services. V-2

Section 3 Main Construction Contract and Other Contracts. V-3

Section 4 Taking of Bids. V-3

Section 5 Liquidated Damages. V-4

Section 6 Subcontracts and Assignments. V-4

Section 7 Prevailing Salaries or Wages During Development. V-4

Section 8 Copeland Act; Contract Work Hours Standards Act. V-5

Section 9 Wage Claims and Adjustments. V-6

Section 10 Payrolls and Related Reports. V-6

Section 11 Other Labor Provisions. V-7

Section 12 Retention of Contract Rights and Change Orders. V-7

Section 13 Payment to Contractors. V-8

Section 14 Acceptance of Contract Work and Completion of

Contracts. V-8

Section 15 Development Cost. V-9

Section 16 Development Cost Budgets. V-9

Section 17 Actual Development Cost. V-10

In addition to the requirements codified at 24 CFR part 941, this
attachment

lists interim requirements applicable to projects being developed, or

proposed to be developed, by a public housing agency. The provisions of
this

attachment shall expire upon HUD\'s issuance, for effect, of an interim
or

final regulation to replace the rule promulgated at 45 FR 60838
(September

12, 1980; 24 CFR part 941, and all subquent amendments to that rule).
This

attachment does not apply to Indian housing development, which is
governed by

relations codified at Title 24 of the Code of Federal Regulations.

Section 1 - Acquisition of Project Sites.

\(A\) The HA, unless HUD otherwise approves, shall provide by contract
for

necessary services of experts in their respective fields for land
surveys,

title information, and legal services for land acquisition, appraisals
and

Form HUD-53012B

Attachment V - page 1 of 11 (7/95)

option negotiations, in accordance with HUD requirements. Approval of
such

contracts by HUD shall be required if the fees provided therein exceed
the

maximum amounts then prescribed by HUD. Such contracts shall not be
entered

into with respect to any project site prior to tentative approval by HUD
of

such site. The HA shall not undertake to acquire real property unless
HUD has

approved the acquisition thereof for a project.

\(B\) The HA, unless HUD otherwise approves, shall obtain a formal

appraisal(s), as required by HUD, on each parcel and obtain HUD approval

before taking an option, instituting condemnation proceedings, or
acquiring

title thereto, and shall conduct all negotiations for the acquisition of
real

property in accordance with regulations and requirements prescribed by
the

United States Government. In no case shall persons who have made such

appraisals be employed to negotiate options.

\(C\) The HA shall not accept any option for, institute, accept awards
under

(except as required by applicable law), or appeal any condemnation

proceedings for, or otherwise acquire any portion of the site for any
project

until it has submitted such data with respect thereto as HUD may
require, and

has obtained the approval of HUD of such action. The HA shall appeal any

condemnation award if requested to do so by HUD.

\(D\) The HA shall acquire good and valid title to the site of each
project

free and clear of any mortgage, lease, lien, or encumbrance of any
nature

whatsoever, other than such leases, use restrictions, zoning ordinances,

building restrictions, easements, or rights-of-way as will not, in the

determination of the HA approved by HUD, adversely affect the value or

usefulness of such site for the project.

\(E\) Upon the vesting of title to the site of each project in the HA
and the

due recording of deeds or other documents required to be recorded in
order to

protect such title, the HA shall furnish to HUD a final report on
completed

land acquisition, together with two copies of: (1) title insurance
policies;

or (2) title certificates; or (3) attorneys\' opinions, showing that the
HA

has good and valid title, as described in susection (D) hereof, to the
entire

site of such project, and that such deeds or other documents have been
duly

recorded or filed for record wherever necessary to protect such title.

Section 2 - Architectural and Engineering Services.

The HA shall furnish HUD, at such time(s) as HUD may require, and in any

event prior to the release of any document for the taking of bids,
evidence

satisfactory to HUD, showing that the plans, drawings, specifications,
and

related documents are in accordance with the provisions of this ACC and
with

all applicable laws, ordinances, and regulations, except to the extent
that

valid waivers have been obtained from the appropriate authorities. The
HA

shall obtain all necessary permits or approvals of State and local
housing,

planning, zoning, building, and other boards, bodies, or officers having

jurisdiction, and shall furnish to HUD a certificate listing such
approvals

before any Main Construction Contract is let.

Form HUD-53012B

Attachment V - page 2 of 11 (7/95)

Section 3 - Main Construction Contract and Other Contracts.

\(A\) \"Main Construction Work\" for any project shall mean all physical

construction work, materials, and equipment in connection with such
project

except demolition, lawns and planting, and the furnishing of movable

equipment. \"Main Construction Contract\" shall mean any contract
covering all

or any part of the Main Construction Work. \"Construction or Equipment

Contract\" shall mean any contract covering all or any part of the Main

Construction Work, or covering demolition, lawn and planting, or the

furnishing of movable equipment.

\(B\) Unless otherwise required by applicable State laws, the Main

Construction Work for each project shall be performed under one
contract,

except that HUD, upon submission of evidence satisfactory to it that
such

action is in the best interest of the development of the project, may

approve: (1) separate ccontracts for foundations or for any or all
elements

of site improvements, to be entered into prior to the execution of
contracts

for the remainder of the Main Construction Work; (2) separate contracts
for

any or all of the mechanical trades, to be entered into at the same time
as

the contracts for the remainder of the Main Construction Work; or (3)

separate contracts for specific buildings or groups of buildings to be

developed concurrently or consecutively.

\(C\) Demolition, lawns and planting, and the furnishing of movable
equipment

may be performed under separate contracts or may be included in the same

contract(s) as the Main Construction Work.

\(D\) All Main Construction Work and demolition, lawns and planting, and
the

furnishing of movable equipment shall be performed under lump-sum
contracts,

and no part of such work shall, unless approved in advance by HUD, be

performed by force account.

Section 4 -Taking of Bids.

\(A\) The HA shall not request alternate bids (e.g., two different
structural

systems). Instead, the HA may specify the most expensive system as the
base

bid and list deductive alternates in inverse priority order so that in
the

case of a budget overrun, they may be taken in numerical order as listed

until the award can be made within available funds.

\(B\) Each bidder for any of the Construction or Equipment Contracts
(except

demolition contracts) shall, unless HUD otherwise approves, be required
to

furnish a bid bond or equivalent guarantee in accordance with
requirements

set forth in Title 24 of the Code of Federal Regulations. Bidders for

demolition contracts shall, unless HUD otherwise approves, be required
to

furnish a bid bond or equivalent guarantee in an amount not less than
ten

percent of the cost of labor, materials, hauling, and all other
incidental

expenses, as estimated by the HA, necessary to perform the work under
the

demolition contract, without regard to the value of salvage.

Form HUD-53012B

Attachment V - page 3 of 11 (7/95)

Section 5 - Liquidated Damages.

Each Construction or Equipment Contract shall include provisions, in
form and

substance satisfactory to HUD, for liquidated damages in the event of
delay

in the performance of such Construction or Equipment Contract, unless
HUD

approves the omission of such provisions.

Section 6 - Subcontracts and Assignments.

\(A\) The HA shall ensure that no subcontractor proposed to carry out
work

under this ACC is subject to debarment, suspension, or is otherwise

ineligible to participate in a Federal assistance program, pursuant to
Title

24 of the Code of Federal Regulations.

\(B\) Each Construction or Equipment Contract shall provide that: (1)
the

contractor shall make no assignment thereof (other than an assignment of
the

monies due or to become due thereunder to a bank or financial
institution)

without the prior approval of the HA, which approval may be given only
with

respect to a responsible assignee who shall furnish performance and
payment

bonds in accordance with Title 24 of the Code of Federal Regulations;
and (2)

such Construction or Equipment Contract may be assigned by the HA to any

corporation, agency, or instrumentality authorized to accept such
assignment.

Section 7 - Prevailing Salaries or Wages During Development.

\(A\) Each contract entered into by the HA in connection with the
development

of any project under which any architects, technical engineers, or

technicians are employed shall provide that the HA will not make any
payment

under such contract unless and until the HA has received a signed
statement

from the contractor that such contractor and each of his or her

subcontractors has made payment to each class of employees in compliance
with

the applicable prevailing wages, as set forth in Title 24 of the Code of

Federal Regulations. The HA shall not make any such payment unless and
until

it has received such signed statement.

\(B\) Each contract referred to in subsection (A) entered into by the HA
shall

require that if the contractor or any of his or her subcontractors finds
it

necessary or desirable to exceed the prevailing salary or wage rates

specified in his or her contract, any expense incurred by the contractor
or

subcontractors because of the payment of salaries or wages in excess of
such

amounts shall not be cause for any increase in the amount payable under
the

contract. The HA shall not consider or allow any claim for additional

compensation made by the contractor or subcontractors because of such

payments.

Form HUD-53012B

Attachment V - page 4 of 11 (7/95)

Section 8 - Copeland Act; Contract Work Hours Standards Act.

\(A\) The HA shall incorporate in each contract entered into by it in

connection with the construction, prosecution, completion or repair of
the

projects the following:

\"Compliance with Copeland Regulations. The contractor shall comply with

the Copeland Regulations (29 CFR Part 3, or any successor provision) of

the Secretary of Labor which are herein incorporated by reference.\"

\(B\) The HA shall incorporate in each contract entered into by it that
may

require the employment of laborers or mechanics the following:

\"Contract Work Hours Standards Act - Overtime Compensation.

As used in these paragraphs, the terms \"laborers\" and \"mechanics\"

include watchmen and guards.

\(1\) Overtime Requirements. No contractor or subcontractor contracting

for any part of the contract work that may require or involve the

employment of laborers or mechanics shall require or permit any laborer

or mechanic in any workweek in which he or she is employed on such work

to work in excess of eight hours in any calendar day or in excess of

forty hours in such workweek unless such laborer or mechanic receives

compensation at a rate not less than one and one-half times his or her

basic rate of pay for all hours worked in excess of eight hours in any

calendar day or in excess of forty hours in such workweek, as the case

may be.

\(2\) Violations; liability for unpaid wages; liquidated damages. In the

event of any violation of the clause set forth in subsection (B)(1), the

contractor and any subcontractor responsible therefore shall be liable

to any affected employee for his or her unpaid wages. In addition, such

contractor and suhcontractor shall be liable to the United States for

liquidated damages. Such liquidated damages shall be computed with

respect to each individual laborer or mechanic employed in violation of

the clause set forth in subsection (B)(1), in the sum of \$10 for each

calendar day on which such employee was required or permitted to work in

excess of eight hours or in excess of the standard forty hours without

payment of the overtime wages required by the clause set forth in

subsection (B)(1).

\(3\) Withholding for liquidated damages. The HA may withhold or cause
to

be withheld, from any moneys payable on account of work performed by the

contractor or subcontractor, such sums as may administratively be

determined to be necessary to satisfy any liabilities of such contractor

or subcontractor for liquidated damages as provided in the clause set

forth in subsection (b)(2).

Form HUD-53012B

Attachment V - page 6 of 11 (7/95)

\(4\) Subcontracts. The contractor shall insert in any subcontracts the

clauses set forth in subsections (B)(1), (2), and (3) of this paragraph

and also a clause requiring the subcontractors to include these clauses

in any lower tier subcontracts that they may enter into, together with

a clause requiring this insertion in any further subcontracts that may

in turn be made.

Section 9 - Wage Claims and Adjustments.

Each contract entered inLA by the HA shall provide that in cases of

underpayment of salaries or wages to any architects, technical
engineers,

draftsmen, technicians, laborers, or mechanics by the contractor or any
of

his subcontractors, the HA may withhold from such contractor out of
payments

due, an amount sufficient to pay persons employed on the work covered by
the

contract the difference between the salaries or wages required to be
paid

under the contract and the salaries or wages actually paid such
employees for

the total number of hours worked, and shall further provide that the
amounts

withheld may be disbursed by the HA for and on account of the contractor
or

the subcontractor to the respective employees to whom they are due. The
HA

shall in cases of such underpayment withhold such monies and any amounts
of

liquidated damages due the United States in connection with violations
of

overtime compensation requirements of the Contract Work Hours Standards
Act:

provided that the HA shall not be considered in default under this
sentence

if it has in good faith made payments to the contractor in reliance upon
a

signed statement of the contractor that the salaries and wages required
under

this contract have actually been paid.

Section 1O - Payrolls and Related Reports.

\(A\) Each contract identified in subsection (A) of section 7 of this

Attachment V shall also require that payrolls and basic records relating

thereto will be maintained during the course of the work and preserved
by the

contractor and his or her subcontractors for a period of three years

thereafter for all laborers and mechanics employed in the development of
the

project. Such records shall contain the name and address of each such

employee, his or her correct classification, rates of pay (including
rates of

contributions or costs anticipated of the types described in section
1(b)(2)

of the Davis-Bacon Act, or any successor provision), daily and weekly
number

of hours worked, deductions made, and actual wages paid. Whenever the

Secretary of Labor has found under the Contract Work Hours and Safety

Standards Act that the wages of any laborer or mechanic include the
amount of

any costs reasonably anticipated in providing benefits under a plan or

program described in section 1(b)(2)(B) of the Davis-Bacon Act (or any

successor provision), the contractor shall maintain records that show
that

the commitment to provide such benefits is enforceable, that the plan or

program is financially responsible, and that the plan or program has
been

communicated in writing to the laborers or mechanics affected, and
records

that show the costs anticipated or the actual cost incurred in providing
such

benefits.

Form HUD-53012B

Attachment V - page 6 of 11 (7/95)

\(B\) The contractor shall be required to submit weekly to the HA such
copies

and summaries (on forms prescribed by HUD and furnished by the HA) of
all of

his or her payrolls and those of each of his or her subcontractors, as
the HA

or HUD may require. Each such payroll and summary shall be accompanied
by a

statement signed by the employer or his or her agent indicating that:
(1)

such payroll is correct and complete; (2) the wage rates contained
therein

are not less than those determined by the Secretary of Labor; and (3)
the

classifications set forth for each laborer or mechanic conform with the
work

performed. The contractor shall be required to make his or her
employment

records available for inspection by authorized representatives of the
HA,

HUD, and the Department of Labor and to permit such representatives to

interview employees during working hours on the job.

Section 11 - Other Labor Provisions.

\(A\) All disputes concerinng the payment of prevailing wage rates or

classifications arising under this ACC or under any contract entered
into by

the HA involving: (1) significant sums of money; (2) large groups of

employees; or (3) novel or unusual situations, shall be promptly
reported to

HUD for decision or, at the option of HUD, referral to the Secretary of

Labor. The decision of HUD or the Secretary of Labor, as the case may
be,

shall be final. Each contract entered into by the HA shall embody the

provisions of this paragraph.

\(B\) All questions arising under this ACC or under any contract
relating to

the application or interpretation of the Copeland Act or the Contract
Work

Hours Standards Act shall be referred to the Secretary of Labor for
ruling or

interpretation, and such ruling or interpretation shall be final. Each

contract entered into by the HA shall embody the provisions of this

subsection.

Section 12 - Retention of Contract Rights and Change Orders.

\(A\) With respect to all contracts entered into by the HA in connection
with

the development of any project, the HA: (1) except in an emergency

endangering life or property, shall not, without HUD approval, amend,
modify,

or consent to any change in any such contract or contractual provision
that

is required by this ACC to be approved by HUD; (2) shall at all times
retain,

preserve, and enforce all its rights under all such contracts; and (3)
shall

not, without the prior approval of HUD, waive, release, or compromise
any

right or claim that it may have under any such contract.

\(B\) Each Construction or Equipment Contract shall contain the
following

provision:

\"Except in any emergency endangering life or property, no change shall

be made by the contractor unless he or she has received a prior written

order from HUD approved on its face by HUD authorizing the change, and

no claim for an adjustment of the contract price or time shall be valid

unless so ordered.\"

Form HUD-53012B

Attachment V - page 7 of 11 (7/95)

Section 13 - Payment to Contractors.

\(A\) Each Construction or Equipment contract may provide for partial
payments

by the HA to the contractor. In such event, the Construction or
Equipment

Contract shall provide that the contractor shall supply to the HA, in a
form

satisfactory to HUD, a detailed estimate showing a complete breakdown of
the

contract price. Partial payment shall be made in accordance with
periodic

estimates based upon said detailed breakdown and with appropriate
supporting

data. The periodic estimates shall cover work performed (including
materials

delivered to and properly stored on the site with the approval of the
HA)

during the preceding period, and shall be duly certified and approved by

persons designated by the HA. In making periodic partial payments, the
HA

shall retain at least 10 percent of the amount of each periodic estimate

until final completion and acceptance of all work covered by the
particular

contract: Provided, That after one-half of the work has been completed,
and

if the work is progressing satisfactorily and continues to so progress,
the

HA may make the remaining partial payments in full for the work
subsequently

completed.

\(B\) Each Construction or Equipment Contract shall provide that final
payment

to the contractor by the HA of amounts retained under subsection (A)
shall

not be made until: (1) the contractor has furnished a release, in a form

approved by HUD, of all claims against the HA arising under and by
virtue of

such Construction or Equipment Contract, or other than such claims, if
any

(the basis, scope, and amount of each of which are clearly defined and

stated) as may be specifically excepted by the contractor from the
operation

of such release; and (2) the contractor has furnished evidence
satisfactory

to the HA that the contractor has paid, and that his or her
subcontractors

have paid, all sums due to laborers, mechanics, and materialmen.

Section 14 - Acceptance of Contract Work and Completion of Contracts.

\(A\) Each Construction or Equipment Contract shall require that the
work

covered thereby shall be completed within the time specified therein and
such

extensions as may be granted by the HA. The HA shall grant no such
extension

without approval thereof by HUD.

\(B\) With respect to each Construction or Equipment Contract, the HA
may

accept the work thereunder in parts or in its entirety. Such acceptance
may

be acceptance of the work involved either as: (1) fully complete and

satisfactory; or (2) completed but with an adjustment in price for

noncompliances; or (3) completed subject to the correction of specific
minor

items. No work shall be so accepted by the HA unless such acceptance is

approved by HUD, or HUD has waived such approval: Provided, That the HA
may

accept work required in the correction of specific minor items without
the

approval of HUD.

\(C\) After acceptance of all work (including the correction of any
specific

minor items) under each Construction or Equipment Contract, the HA shall

Form HUD-53012B

Attachment V - page 8 of 12 (7/95)

submit for approval by HUD a certificate of: (1) full completion; or (2)
full

completion but with an adjustment in price for noncompliances, and shall

include in such certificate a statement of the final amount due and
payable

to the contractor.

Section 15 - Development Cost.

\(A\) \"Date of Full Availability\" with respect to each project shall
mean the

last day of the month in which substantially all dwelling units in such

project became available for occupancy.

\(B\) \"Initial Operating Deficit\" of any project as of the end of the
Initial

Operating Period thereof shall mean the amount, if any, by which the

Operating Expenditures thereof to such date exceeded the Operating
Receipts.

Section 16 - Development Cost Budgets.

\(A\) Until such time as a budget of Development Cost (herein called

\"Development Cost Budget\") is approved by HUD for any project, the
breakdown

of the Maximum Development Cost set forth in the applicable Development

Program shall constitute the approved Development Cost Budget for such

project.

\(B\) At the time the HA requests HUD approval of the award of contracts
for

the Main Construction Work of any project, it shall submit for HUD
approval

a Development Cost Budget for such project that shall be based upon:
(1)the

amount of the pro award(s); (2) costs and obligations incurred to such
date;

\(3\) the estimated amount of costs and obligations not yet incurred;
and (4)

an allowance for contingencies in such amount as HUD may approve.

\(C\) In the event that in the judgment of the HA it appears necessary
with

respect to any project to incur Development Cost in excess of the total

amount shown in the last previously approved Development Cost Budget for
such

project,or that it appears necessary with respect to any of the main

classifications of Development Cost to incur costs in excess of the
amount

shown therefore in the last previously approved Development Cost Budget
for

such project plus the share of the allowance for contingencies allocated
to

such main classifications, or if for any other reason the HA deems it

advisable, it may prepare and submit to HUD for its approval a revised

Development Cost Budget for such project.

\(D\) Not earlier than six months nor later than twenty-four months
after the

Date of Full Availability of each project, the HA shall submit for HUD

approval a final Development Cost Budget for such project which shall be

based upon: (1) costs and obligations incurred to such date including a

reasonable allowance for disputed, contingent, or unliquidated
liabilities,

and for legal and other costs and expenses in connection with the
settlement

of such liabilities; and (2) the estimated amount of costs and
obligations

not yet incurred for work, equipment, and services deemed necessary for
the

Form HUD-53012B

Attachment V - page 9 of 11 (7/95)

completion of such project. No other allowance for contingencies shall
be

included in such final Development Cost Budget.

\(E\) HUD shall promptly review each proposed Development Cost Budget
and

notify the HA of its approval or disapproval thereof. If HUD disapproves
any

proposed Development Cost Budget, the HA shall be so notified in writing
and

be furnished with a detailed explanation of the reasons for such
disapproval.

Upon approval by HUD of any Development Cost Budget for any project,
such

budget shall supersede all previously approved budgets for such project,
and

the total of such budget shall thereafter and for all purposes of this
ACC be

the Maximum Development Cost of such project, and shall for all purposes
of

this ACC correspondingly revise the aggregate Maximum Development Cost
of all

the projects.

\(F\) The HA shall not with respect to any project incur costs in excess
of the

amounts shown in the last previously approved Development Cost budget
for

such controlled accounts as may be specified by HUD.

Section 17 - Actual Development Cost.

\(A\) The HA shall, as promptly as possible consistent with the
maintenance of

its rights against its contractors, settle and pay all disputed,
contingent,

or unliquidated items of Development Cost on all projects.

\(B\) Whenever the HA shall be satisfied that all the development work
on each

project has been properly completed, and that the entire Development
Cost on

such project (including all items that may have theretofore been
disputed,

contingent, or liquidated) has been fully paid, the HA shall submit to
HUD

for its approval a certificate setting forth the total amount of the

Development Cost of such project (herein called the \"Actual Development

Cost\"), stating that: (1) all such development work has been completed;
(2)

the entire Development Cost or liabilities therefor incurred by the HA
have

been fully paid; (3) there are no undischarged mechanics\', laborers\',

contractors\', or material-men\'s liens on such project on file in any
public

office where the same should be filed in order to be valid liens against
such

project; and (4) the time in which such liens could be filed has
expired.

Upon approval by HUD, such certificate shall be known as the \"Actual

Development Cost Certificate.\" The determination of the amount of the
Actual

Development Cost contained in such Actual Development Cost Certificate
so

approved by HUD shall be final and conclusive for all purposes of this
ACC,

and upon the determination of Actual Development Cost, a copy of the
approved

Actual Development Cost Certificate shall be attached to this ACC and
shall

be deemed to further amend the ACC to state the Actual Development Cost.

\(C\) If the HA shall unduly delay in the submission of the Actual
Development

Cost Certificate for any project, HUD may give notice to the HA that the

amount of the Development Cost of such project incurred to the date of
such

notice shall be considered to be the Actual Development Cost of such
project,

Form HUD-53012B

Attachment V - page 10 of 11 (7/95)

and such notice shall constitute the Actual Development Cost Certificate
for

such project for all the purposes of this ACC, and shall be deemed to
amend

the ACC to state the Actual Development Cost.

\(D\) Promptly after the issuance of the Actual Development Cost
Certificate

for any project the HA shall: (1) if such project is then permanently

financed, deposit any remaining balance of the monies theretofore
received

for the purpose of the development of such project in the Advance

Amortization Fund; or (2) if such project is not then permanently
financed,

apply any such remaining balance to the payment of outstanding Advance
Notes

or Temporary Notes issued in connection with such project.

\(E\) Subsequent to the issuance of the Actual Development Cost
Certificate

for any project, no cost for additional development work shall be
incurred by

the HA without the approval of HUD. In the event that the HA and HUD
agree

that additional development work is necessary, the Actual Development
Cost

Certificate shall be amended to include the cost of such additional

development work.

Form HUD-53012B

Attachment V - page 11 of 11 (7/95)

ATTACHMENT VI

Special Requirements Applicable to Projects Financed Through the

Issuance of Tax-Exempt Bonds or Notes Sold

to the Federal Financing Bank

Section Page

Section 1 Reconstruction and Restoration. VI-1

Section 2 Advances by HUD; Mortgage. VI-2

Section 3 Bond Resolutions and Fiscal Agent. VI-2

Section 4 Delivery of Bonds. VI-3

Section 5 Annual Contributions. VI-4

Section 6 Debt Service Fund. VI-7

Section 7 Advance Amortization Fund. VI-8

Section 8 General Limitations on Annual Contributions. VI-9

Section 9 Pledge of Annual Contributions. VI-9

Section 10 Refunding of Bonds. VI-10

Section 11 Faith of the United States Pledged to Payment of VI-10

Annual Contributions.

Section 12 Continuance of Annual Contributions. VI-11

Section 13 Rights and Obligations of HUD During Tenure VI-11

Under Section 18, Part A, of the ACC.

This attachment lists special requirements applicable to projects
financed by

tax-exempt bonds or notes sold to the Federal Financing Bank. These

requirements shall expire when all such bonds and notes associated with
a

particular project are paid off.

Section 1 - Reconstruction and Restoration.

\(A\) If a project, or any portion of a project, is damaged or
destroyed, the

HA shall establish promptly (by settlement approved by the HA and HUD,
or by

litigation) and collect all valid claims which may have arisen against

insurers or others based upon any such damage or destruction. In
addition,

the HA shall reconstruct, restore or repair the project, except as
otherwise

provided in this section.

Form HUD-53012B

Attachment VI - page 1 of 12 (7/95)

\(B\) The HA shall deposit into the General Fund the proceeds of any
claims

and any other monies provided for the reconstruction, restoration, or
repair

of a project and shall reserve such funds for these purpose(s). Unless

otherwise approved by HUD, the HA shall use these funds to pay for the
cost

of reconstructing, restoring, or repairing the project. Any funds that
remain

after completing the work and paying off all costs associated with the
work

are to be applied as follows: (1) to pay off any indebtedness that the
HA may

have incurred to provide such funds: (2) to reimburse any other reserve
or

other account that may have been used to provide the funds; and (3) as

unreserved Operating Receipts.

\(C\) If the reconstruction, restoration, or repair of the project can
be

accomplished substantially as one operation, is not to be performed by
the

HA\'s regular staff, and the estimated cost is in excess of \$10,000,
the HA

shall ensure that the work is done in compliance with the requirements
of

section 5, Part A, of the ACC.

\(D\) Upon approval by HUD, the HA may determine that all or part of the

damage to or destruction of a project shall not be reconstructed,
restored,

or repaired. In such event, the HA shall deposit into the Advance
Arnomzation

Fund the proceeds of any claims against insurers or others as a result
of the

damage or destruction to the extent these proceeds are not used to

reconstruct, restore, or repair the project.

Section 2 - Advances by HUD; Mortgage.

\(A\) Each advance provided by HUD to a HA for the development of a
project

shall be evidenced by an obligation duly issued and delivered by the HA,
in

a form satisfactory to HUD, which obligation shall bear interest at the

applicable Loan Interest Rate from the date the advance is made, and
shall

otherwise conform to the following:

\(1\) Each obligation (herein called a \"Project Loan Note\") evidencing
an

advance made for the Development Cost of any project not permanently

financed, together with interest on such note, shall be due and payable

on demand.

\(2\) Each obligation (herein called a \"Permanent Note\"), evidencing
an

advance made for the development cost of any permanently financed

project, together with interest on the Note, shall (subject to the HA\'s

right to prepay some or all of this amount) be payable on the first day

of the month following each Annual Contribution Date. Such amount is

payable in annual installments (applicable first to interest and then to

principal) equal to the portion of the Debt Service Annual Contribution

allocable to the Note, in accordance with section 5(C) of this

Attachment. Each Permanent Note issued to refund or renew other

Permanent Notes, in whole or in part, shall be payable in installments

equal to the installments payable upon the Notes so refunded or renewed.

Each Permanent Note shall further provide that the holder of the Note

may declare the Note to be due and payable in full at any time: (1) when

Form HUD-53012B

Attachment VI -page 2 of 12 (7/95)

there is any default in the payment of any installment of principal or

interest; or (2) when the HA is in substantial default; or (3) upon the

default; or (3) upon the termination of this ACC.

\(B\) HUD shall not demand payment of, nor pledge, sell, or otherwise
dispose

of any Project Loan Note unless: (1) the HA is in substantial default;
or (2)

HUD has given notice of the termination of this ACC in accordance with

section 17(H), Part A, of this ACC.

\(C\) Each Project Loan Note or Permanent Note issued in connection with
a

project shall be secured, to the extent authorized or permitted by law,
by a

mortgage, deed of trust, or other equivalent lien upon the project.

Section 3 - Bond Resolutions and Fiscal Agent.

\(A\) Before the delivery of the first issue of bonds, the HA shall
enter

into, and thereafter maintain, a fiscal agency agreement, in
substantially

the form prescribed by HUD. Immediately upon executing the agreement,
the HA

shall furnish HUD with executed or conformed copies of the agreement as
may

be required by HUD.

\(B\) The Fiscal Agent named in the Bond Resolutions in connection with
the

first issue of Bonds shall also be named as Fiscal Agent in all
subsequent

Bond Resolutions, and shall administer the Debt Service Fund and the
Advance

Amortization Fund. The HA shall require the Fiscal Agent to furnish HUD
with

such reports and other data relating to accounts under this ACC as may

reasonably be required by HUD.

Section 4 - Delivery of Bonds.

\(A\) Delivery of (including payment for) each issue of Bonds shall be
made at

the time and place established in the terms of the offering.

\(B\) At such time all amounts paid by purchasers of the bonds on
account of

accrued interest shall be paid to the Fiscal Agent for deposit in the
Debt

Service Fund, and all amounts paid on account of premiums shall be paid
to

the Fiscal Agent for deposit in the Advance Amortization Fund or, with
the

approval of HUD, be used for the repurchase of bonds.

\(C\) At such time, and as a condition precedent to the delivery of such

bonds, the HA shall deposit or cause to be deposited with the Fiscal
Agent in

the Debt Service Fund from the bond proceeds (or from any other monies
of the

HA, including monies available for such purpose under section 5(C)(6) of
this

Attachment) an amount equal to: (1) the interest on the issue of bonds

becoming due and payable six months after the Bond Date of such issue,
less

\(2\) any portion thereof deposited in the Debt Service Fund on account
of

accrued interest, and less (3) any amount which may then be on deposit
in the

Debt Service Fund for such purpose.

Form HUD-53012B

Attachment VI - Page 3 of 12 (7/95)

\(D\) At such time, and as a condition precedent to the delivery of such

bonds, the HA shall advance or cause to be advanced from the bond
proceeds

(or from any other monies of the HA) to the Fiscal Agent for deposit in
the

Debt Service Fund an amount equal to: (1) the interest on such issue of
Bonds

becoming due and payable twelve months after the Bond Date of such
issue,

less (2) any portion thereof deposited in the Debt Service Fund on
account of

accrued interest. At a later date, the HA shall be reimbursed by the
Fiscal

Agent for such advance in accordance with section 6(E) of this
Attachment.

\(E\) At such time the HA shall pay or cause to be paid from the bond

proceeds (or from other monies of the HA) the principal of and interest
on

all outstanding Project Loan Notes, Permanent Notes, and Project Notes
to the

extent that the principal of such Notes includes an amount for any part
of

the Development Cost financed by such issue of Bonds.

\(F\) Upon delivery of the first issue of Bonds to finance any part of

the Development Cost of a Project, such Project shall be considered to
be

\"Permanently Financed.\"

\(G\) If, at the time of the delivery of an issue of Bonds, the HA does

not have available the amount set forth in subsection (D) of this
section to

advance to the Fiscal Agent for deposit in the Debt Service Fund, HUD
shall

advance on account of the loan herein provided an amount equal to such

deficiency. Such advance shall be made and deposited in the manner
described

in subsection (D) of this section, but shall not be included in the
amount of

the Minimum Development Cost of any project. The Fiscal Agent shall, on

behalf of the HA, reimburse HUD for such advance at the time and in the

manner provided for reimbursement of similar advances to the HA, in

accordance with section 6(E) of this Attachment. Such advance shall bear

interest at the Loan Interest Rate and the interest shall be paid from

Operating Receipts as an Operating Expenditure.

Section 3 - Annual Contributions.

\(A\) HUD shall make annual contributions to the HA for each project.

Such annual contributions shall include Debt Service Annual
Contributions (or

Basic Annual Contributions in respect to Leased Housing projects) and

Additional Annual Contributions pursuant to section 11, Part A, of the
ACC.

HUD (1) shall make Debt Service Annual Contributions to the HA for each

permanently financed project; and (2) may, in its determination, make
Debt

Service Annual Contributions to the HA for each project that is not

permanently financed. The date upon which each Debt Service Annual

Contribution is payable (except the first Debt Service Annual
Contribution

with respect to a project not pertnanently financed, which may be made

available as of the Date of Full Availability of such project) shall be
known

as the \"Annual Contribution Date.\" If the Annual Contribution Date is
not

specifically set forth in this ACC, it shall be deemed to be the
fifteenth

day of the fourth, fifth or sixth month of the fiscal year, as
determined by

HUD.

Form HUD-53012B

Attachment VI - page 4 of 12 (7/95)

\(B\) The first Debt Service Annual Contribution with respect to each

permanently financed project shall be due and payable on the Annual

Contribution Date which is seventeen months and fourteen days after the
Bond

Date of the first issue of bonds issued to finance any part of the

development cost of the project. For projects that are not permanently

financed, the first Debt Service Annual Contribution may be made
available as

of the Date of Full Availability of the project and shall be determined
in

accordance with subsection (C)(1)(d) of this section 5. If the first
Debt

Service Annual Contribution for a project is made available as of the
Date of

Full Availability of the project, the second Debt Service Annual
Contribution

with respect to the project may be made on the Annual Contribution Date
that

occurs not less than twelve months subsequent to the Date of Full

Availability. Subsequent annual contributions shall be due and payable
on

each Annual Contribution Date thereafter.

C\) On each Annual Contribution Date, HUD shall pay (subject to

reduction as provided in this section 5) Debt Service Annual
Contributions

for each project for which any Debt Service Annual Contributions are
then

payable.

\(1\) The amount of the Debt Service Annual Contribution shall be

equal to the sum of the level debt services of all unmatured issues of

bonds, bearing a Bond Date not later than seventeen months and fourteen

days prior to such Annual Contribution Date, as specified in the

applicable Bond Resolution, plus an amount or amounts allocable to

Permanent (or Project Loan Notes, as follows:

\(a\) For each project that is permanently financed by an issue of

bonds equal to the minimum development cost first established \[or

the project, an amount, as determined by HUD, which if applied

annually at the interest rate (adjusted to the nearest one-eighth

of one percent) charged the HA during the next preceding fiscal

year in respect to the unamortized portion of the minimum

development cost of the project which exceeded as of the last day

of such fiscal year the principal amount of such issue of bonds

would fully amortize such portion not later than the first day of

the month following the last Annual Contribution Date for such

project; and

\(b\) For each project that is permanently financed by an

issue of bonds in an amount less than the amount of the minimum

development cost first established for the project, an amount equal

to (i) the applicable minimum loan interest rate times the amount

by which the minimum development cost as first established for the

project exceeds the principal amount of such issue of bonds, plus

\(ii\) an amount, as determined by HUD, which if applied annually at

the interest rate (adjusted to the nearest one-eighth of one

percent) charged the HA during the next preceding, fiscal year in

respect to the portion of the minimum development cost of the

project which exceeds, as of the last day of the fiscal year, the

Form HUD-53012B

Attachment VI - page 5 of 12 (7/95)

minimum development cost as first established for the project would

fully amortize such portion not later than the first day of the

month following the last Annual Contribution Date for the project;

and (iii) commencing on the Annual Contribution Date next following

the last maturity date of such issue of bond, the amount of the

level debt service of such issue of bonds; and

\(c\) For each project that is financed by a permanent note

in lieu of bonds, an amount, as determined by HUD, which, if

applied annually at the interest rate (adjusted to the nearest one-

eighth of one percent) charged the HA during the next preceding

fiscal year in respect to the unamortized portion of the minimum

development cost of the project that exceeded (as of the last day

of such fiscal year) the minimum development cost as first

established for the project would fully amortize such portion not

later than the first day of the month following the last Annual

Contribution Date for the project; and

\(d\) For each project that is not permanently financed, an amount,

as determined by HUD, which if applied annually at the interest

rate (adjusted to the nearest one-eighth of one percent) charged

the HA during the next preceding fiscal year in respect to the

unamortized portion of that figure determined by HUD to be that

below which the development cost of the project shall in no event

fall would fully amortize such portion not later than the first day

of the month following the last Annual Contribution Date for the

project.

Upon delivery of any issue of bonds to refund Permanent or Project Loan

Notes, the amount of the level debt service of such issue of bonds shall

be in lieu of the portion of the Debt Service Annual Contribution

allocable to such Notes whether pursuant to clause (a), (b), (c), or (d)

above.

\(2\) On each Annual Contribution Date, the actual amount of the Debt

Service Annual Contribution to be paid (herein called the \"Accruing
Annual

Contribution\") shall be an amount equal to the Debt Service Annual

Contribution less (1) the amount then on deposit in the Debt Service
Fund for

the reduction of annual contributions pursuant to subsection (B) of
section

6 of this Attachment, and (2) any amount then on deposit in the Debt
Service

Fund, pursuant to subsection (B) of section 4 of this Attachment, on
account

of interest accrued on any issue of Bonds after a date that is six
months

after the Bond Date of such issue.

\(3\) Notwithstanding any other provision of this ACC, HUD may make

payment of any Accruing Annual Contribution in semi-annual installments
as

follows: (a) the first installment shall be paid on the Annual
Contribution

Date in the amount, if any, by which (i) the Accruing Annual
Contribution

exceeds (ii) the amount of principal and interest that shall become due
and

payable on the next following anniversary of the Bond Date on all bonds

outstanding at the end of the preceding fiscal year and that bears a
Bond

Form HUD-53012B

Attachment VI - page 6 of 12 (7/95)

Date not later than seventeen months and fourteen days prior to such
Annual

Contribution Date; (b) the balance of such Accruing Annual Contribution
shall

be paid on the date six months after such Annual Contribution Date.

\(4\) At least thirty days prior to each Annual Contribution Date, the

Fiscal Agent shall file with HUD a report showing the amount of each
deposit

made into the Debt Service Fund since the next preceding Annual
Contribution

Date and the balance in the Debt Service Fund as of the date of such
report.

\(5\) Except as otherwise provided in subsections (C)(6) and (7) of this

section 5 HUD shall pay each Accruing Annual Contribution, or
installment

thereof, to the Fiscal Agent for deposit in the Debt Service Fund. At
the

time of such payment, HUD shall furnish to the HA and to the Fiscal
Agent a

statement showing (in detail and with appropriate explanations) the
amount of

the Accruing Annual Contribution, and the method by which the Accruing
Annual

Contribution shall be paid. Each such statement shall include a schedule

showing, on the basis of information available to HUD, the distribution
of

the funds in the Debt Service Fund to be made pursuant to section 6 of
this

Attachment.

\(6\) On each Annual Contribution Date on which any Permanent, Project

Loan, or Project Notes issued in connection with any project with
respect to

which an annual contribution is then payable remain outstanding and
until

full repayment, with interest at the applicable Loan Interest Rate, of
all

expenditures, if any, made by HUD in connection with any such Project

pursuant to section 13 of this Attachment, such portion of the Accruing

Annual Contribution, which if deposited in the Debt Service Fund would

(together with the monies then on deposit in said Fund for the reduction
of

annual contributions pursuant to this ACC plus the amount of the second

installment, if any, of such Accruing Annual Contribution) exceed the
sum of:

\(a\) an amount equal to the principal and interest becoming due and
payable

during the twelve month period following such Annual Contribution Date
on

each issue of bonds bearing a Bond Date not later than seventeen months
and

fourteen days prior to such Annual Contribution Date, plus (b) an amount

equal to the aggregate Bond Service Carry-Over required to be on deposit
in

the Debt Service Fund on the next succeeding Annual Contribution Date,
may be

withheld by HUD, and applied to the full extent thereof. Such amount
shall be

applied, first, to reimburse the HA for any advance made pursuant to
section

4(D) of this Attachment. Thereafter, such amounts shall be used to pay
the

interest and principal of such Notes and to repay such expenditures in

proportion, with respect to each such project, to the applicable portion
of

the Debt Service Annual Contribution determined pursuant to clauses (a),
(b),

(c), or (d) of section 5(C)(1) of this Attachment. However, any amounts
that

would otherwise be applied to the payment of principal under the second
order

of preference may be withheld for not more than twelve months and be
used for

the payment of interest on any bonds that may be subsequently issued to

refund such Notes and expenditures.

\(7\) When monies sufficient for the payment and discharge of all bonds

have been deposited in trust for such purpose with the Fiscal Agent,
Accruing

Annual Contributions, and monies otherwise payable to the Debt Service
Fund

Form HUD-53012B

Attachment VI - page 7 of 12 (7/95)

shall be applied, as approved by HUD, to the payment of the Notes and

expenditures and in the proportions as prescribed in subsection (C)(6)
of

this section 5. Monies so applied by the HA during the twelve month
period

preceding each Annual Contribution Date which, except for the provisions
of

this subsection (C)(7), would have been on deposit on such Annual

Contribution Date in the Debt Service Fund for the reduction of annual

contributions, shall be deemed to have been on deposit in the Debt
Service

Fund on such Annual Contribution Date for the purpose of subsection (2)
of

this section 5(C).

\(8\) HUD shall not pay or make available any Accruing Annual

Contribution pursuant to this ACC in excess of an amount which, together
with

all monies then on deposit in the Debt Service Fund, shall be sufficient
to

fully pay and retire the outstanding Bonds, Permanent Notes, Project
Loan

Notes, and Project Notes issued in connection with all projects for
which

annual contributions become payable and to repay, with interest at the

applicable Loan Interest Rate, all expenditures made by HUD in
connection

with the development of such projects pursuant to section 13 of this

Attachment. The obligation of HUD to pay or make available Debt Service

Annual Contributions pursuant to this ACC with respect to any such
project

shall terminate when: (a) all such Bonds and Notes issued in connection
with

the project have been fully paid and retired, or when monies sufficient
for

their payment and retirement have been deposited in trust for such
purpose in

accordance with the terms of such bonds and notes; and (b) all such

expenditures, with interest thereon, by HUD in (connection with such
project

are fully repaid.

Section 6 -Debt Service Fund.

\(A\) Upon the delivery of any issue of bonds, there shall be deposited
in the

Debt Service Fund the amounts required pursuant to subsections (B), (C),
and

\(D\) of section 4 of this Attachment.

\(B\) Within sixty calendar days after the end of each fiscal year, the
HA

shall deposit with HUD for the reduction of debt service annual

contributions:

\(1\) The amount of the interest on each issue of bonds bearing a Bond

Date not later than seventeen months and fourteen days prior to the

Annual Contribution Date next following the end of such fiscal year,

which accrued during such fiscal year after (i) the date that is six

months after the Bond Date of each such issue of Bonds; or (ii) the date

of delivery of such issue, whichever is later, up to (i) the Date of

Full Availabiliiy of the project financed by such issue or (ii) the end

of such fiscal year, whichever is earlier; and

\(2\) The amount of any unpaid interest, on Permanent Notes and Project

Notes issued in connection with any project that was permanently

financed on or before the last day of such fiscal year by an issue of

Bonds bearing a Bond Date not later than seventeen months and fourteen

Form HUD-53012B

Attachment VI - Page 8 of 12 (7/95)

days prior to the Annual Contribution Date next following the end of

such fiscal year, up to (i) the Date of Full Availability of such

project or (ii) the end of such fiscal year, whichever is earlier.

\(C\) Upon receipt from HUD of each Accruing Annual Contribution or

installment thereof, such amount shall be deposited in the Debt Service
Fund.

\(D\) On each interest payment date of the bonds, the Fiscal Agent
shall, out

of the Debt Service Fund, pay the principal and interest maturing on the

bonds.

\(E\) On the first day of the month following each Annual Contribution
Date

the Fiscal Agent shall, out of the Debt Service Fund, reimburse the HA
for

any advance made pursuant to subsection (D) of section 4 of this
Attachment

on account of interest on issues of bonds bearing a Bond Date not later
than

seventeen months and fourteen days prior to such Annual Contribution
Date.

\(F\) On the first day of the month following each Annual Contribution
Date,

the Fiscal Agent, after (1) paying all bonds and bond interest that have
then

become due and payable, or that will become due and payable on the next

succeeding anniversary of the Bond Date, (2) making provision for the
Bond

Service Carry-Over, shall, unless otherwise approved by HUD, apply the

balance in the Debt Service Fund in the following order: First, to the

payment of interest and principal of the note and repayment of the

expenditures in the same manner, and to the same extent as prescribed in

subsection (C)(7) of section 5 of this Attachment; and, Second, to
transfer

to the Advance Amortization Fund. In making provision for the payment of
the

bonds and bond interest that shall beeome due on the next succeeding

anniversary of the Bond Date and for the Bond Service Carry-over, the
Fiscal

Agent shall consider the second installment, if any, of the Accruing
Annual

Contribution as if it had actually been paid on the Annual Contribution
Date.

Section 7 - Advance Amortization Fund.

\(A\) There shall be deposited in the Advance Amortization Fund the
following:

\(1\) bond premiums as provided in subsection (B) of section 4 of this

Attachment; (2) amounts transferred from the Debt Service Fund, as
provided

in subsection (F) of section 6 of this Attachment, and (3) proceeds of
claims

against insurers and others arising out of damage to or destruction of
any

project to the extent provided in subsection (D) of section 1 of this

Attachment.

\(B\) The Fiscal Agent shall as rapidly as possible apply all monies
deposited

in the Advance Amortization Fund, as directed by the HA with the
approval of

HUD: (1) to the payment of interest of the notes and the repayment of

expenditures in the same manner and to the same extent as prescribed in

subsection (C)(7) of section 5 of this Attachment; (2) to the purchase,
at

not more than the cost of redemption, of any outstanding bonds; and (3)
to

the redemption of any outstanding bonds on the terms provided in the
Bond

Resolutions. All bonds purchased or redeemed by or on behalf of the HA
shall

be immediately cancelled and shall not be reissued.

Form HUD-53012B

Attachment VI - page 9 of 12 (7/95)

\(C\) In the event that, sixty-one days after the end of any fiscal
year, it

appears that the balance then on deposit in the Advance Amortization
Fund,

together with all monies then on deposit in the Debt Service Fund
together

with a Debt Service Annual Contribution, would be sufficient to fully
pay and

retire the outstanding bonds, permanent notes, project loan notes, and

project notes issued in connection with projects for which annual

contributions have then become payable and to repay, with interest at
the

applicable loan Interest Rate, all expenditures made by HUD in
connection

with the development of such projects pursuant to section 13 of this

Attachment, the Fiscal Agent shall on such date deposit in the Debt
Service

Fund for the reduction of annual contributions the balance then
remaining in

the Advance Amortization Fund, and any deposits that would, except for
this

subsection (C), be made to the Advance Amortization Fund shall be made
to the

Debt Service Fund for the reduction of annual contributions.

Section 8 - General Limitations on Annual Contributions.

\(A\) Notwithstanding any other provision of this ACC, not more than one

annual contribution for each year of the Maximum Contribution Period of
any

project shall be paid or made available by HUD for such project; nor
shall

any such annual contribution be paid or made available for any such
project

subsequent to the end of the Maximum Contribution Period of such
project.

\(B\) No annual contribution shall be paid or made available by HUD for
any

project (except as provided in section 12 of this Attachment) unless
such

project is exempt from all real and personal property taxes levied or
imposed

by the State, city, county, or other political supervision.

\(C\) No annual contributions shall be paid or made available by HUD for
any

project (except as provided in section 12 of this Attachment) in the
event of

the acquisition of such project by a third party in any manner including
a

bona fide foreclosure under a mortgage or other lien.

Section 9 - Pledge of Annual Contributions.

\(A\) The amounts required by subsections (B), (C), and (D) of section 4
of

this Attachment to be deposited in the Debt Service Fund upon delivery
of

each issue of Bonds on account of the interest on such issues of bonds
that

becomes due and payable six months and twelve months, respectively, from
the

Bond Date of such issue shall be pledged to the payment of such
interest.

\(B\) The Accruing Annual Contribution that is due and payable on each
Annual

Contribution Date (including the second installment thereof if any)
together

with (1) the aggregate Bond Service Carry-over, if any, required to be
on

deposit in the Debt Service Fund on such Annual Contribution Date, and
(2)

all other amounts required to be deposited in the Debt Service Fund for
the

reduction of annual contributions during the twelve month period ending
with

such Annual Contribution Date, shall be pledged as follows:

\(1\) An amount equal to the principal and interest becoming due and

payable during the twelve month period following such Annual

Form HUD-53012

Attachment VI - page 10 of 12 (7/95)

Contribution Date on each issue of Bonds bearing a Bond Date not later

than seventeen months and fourteen days prior to such Annual

Contribution Date shall be pledged for the payment of such principal and

interest;

\(2\) An amount equal to the aggregate Bond Service Carry-Over required

to be on deposit in the Debt Service Fund on the next sung Annual

Contribution Date shall be pledged for the purpose of providing such

Carry-Over; and

\(3\) An amount equal to the sum of the portions of the Debt Service

Annual Contributions as determined pursuant to clauses (a), (b), (c),

and (d) of section 5(C)(1) of this Attachment shall be pledged for the

payment of the interest and principal of the Permanent Notes, Project

Loan Notes and Project Notes and repayment of expenditures made by HUD

pursuant to section 13 of this Attachment in connection with Projects

with respect to which annual contributions have become payable.

\(C\) The annual contributions to be made available by HUD hereunder
shall

not, without the approval of HUD, be pledged for any purpose other than
as

specifically provided in this ACC.

Section 10 - Refunding of Bonds.

The HA may, with the approval of HUD, refund any outstanding issue of
Bonds

upon such terms and conditions as may be mutually agreed upon between
the HA

and HUD.

Section 11 - Faith of tbe United States Pledged to Payment of Annual

Contributions.

As set forth in the Act, the faith of the United States is solemnly
pledged

to the payment of all annual contributions contracted for in this ACC,
and by

the provisions of the Act there is authorized to be appropriated in each

Federal fiscal year, out of any money in the Treasury of the United
States

not otherwise appropriated, the amounts necessary to provide for such

payment.

Section 12 - Continuance of Annual Contributions.

\(A\) HUD hereby determines that sections 17 and 18, Part A, of the ACC

include provisions that are in accordance with section 6(g)(2) of the
Act.

\(B\) Whenever the annual contributions, pursuant to this ACC, have been

pledged by the HA as security for the payment of the principal and
inteiest

on the Bonds or other obligations issued pursuant to this ACC, HUD

(notwithstanding any Other provisions of this ACC) shall continue to
make the

annual contributions provided in this A.CC available for the projects so
long

as any of such Bonds or obligations remain outstanding; and, in any
event,

such annual contributions shall in each year be at least equal to an
amount

which, together with such income or other funds as are actually
available

from the projects for the purpose at the time such annual contribution

Form HUD-53012B

Attachment VI - page 11 of 12 (7/95)

is made, shall suffice for the payment of all installments, falling due

within the next succeeding twelve months, of principal and interest on
the

Bonds or other obligations for which the annual contributions provided
for in

this ACC have been pledged as security: provided, That in no case shall
such

annual contributions be in excess of the maximum sum specified in this
ACC,

nor for longer than the remainder ofthe maximum period fixed by this
ACC.

Section 13 - Rights and Obligations of HUD During Tenure Under

Section 18, Part A, of the ACC.

Neither the conveyance of title to or the delivery of possession of the

projects by the HA pursuant to section 18, Part A. of the ACC, nor the

acceptance of such title or possession by HUD, shall abrogate or affect
in

any way any indebtedness of the HA to HUD arising under this ACC, and in
no

event shall any such conveyance or delivery or any such acceptance be
deemed

to constitute payment or cancellation of any such indebtedness.

Form HUD-53O12B

Attachment VI - page 12 of 12 (7/95)

ATTACHMENT VII

Insurance Requirements

Section Page

Section 1 Mandatory and Optional Insurance Coverage. VII-1

Section 2 Authorized Insurance Companies. VII-2

Section 3 Certificates of Insurance. VII-2

Section 4 Waivers and Self-Insurance Funds. VII-2

Section 1 - Mandatory and Optional Insurance Coverage.

The following types of insurance are either required or should be
purchased

if the HA determines that exposure exists.

\(A\) Commercial Property. Mandatory. Each policy must be written with a

blanket limit, on a replacement cost basis, and with an agreed value
clause

eliminating any coinsurance provision.

\(B\) Commercial General Liability. Mandatory.

\(C\) Workers Compensation and Employers Liability. Mandatory.

\(D\) Owned and Non-Owned Automoblle Liability. Mandatory.

\(E\) Theft, Disappearance, and Destruction. Mandatory only if the
amount of

cash and checks on hand at any one time exceeds the amount prescribed by
HUD.

\(F\) Employee Dishonesty. Mandatory.

\(G\) Boiler and Machinery. Mandatory only if steam boilers have been

installed. However, coverage is recommended if there is extensive
central air

conditioning, electrical transformers, or similar equipment.

\(H\) Flood. Mandatory only for property located in a flood plain, as

determined in the Federal Government\'s National Flood Insurance
Program.

Form HUD-53012B

Attachment VII - page 1 of 2 (7/95)

\(I\) Directors and Officers or Public Officials Liability. Optional

coverage, but highly recommended.

\(J\) Lead-Based Paint Liability. Mandatory for HAs undergoing
lead-based

paint testing and abatement.

\(K\) Law Enforcement Liability Optional, but highly recommended where
the

exposure exists, and the Commercial General Liability insurer has
excluded

coverage.

Section 2 - Authorized Insurance Companies.

Insurance must be purchased from an insurance company or other entity
that is

licensed or duly authorized to write insurance in the State where the HA
is

located.

Section 3 - Certificates of Insurance.

At each renewal, the HA shall promptly have certificates of insurance

submitted by the insurers to HUD describing the types of coverage,
limits of

insurance, policy numbers, and inception and expiration dates.

Section 4 - Waivers and Self-Insurance Funds.

Requests for waivers not to purchase any form of required insurance, or
to

establish a self-insurance fund in lieu of purchasing insurance, must be

submitted to HUD for approval with a justification as to why the request

should be approved.

Form HUD-53012B

Attachment VII - page 2 of 2 (7/95)