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Bristol Bay Housing Authority POLICY MANUAL

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Bristol Bay Housing Authority POLICY MANUAL Powered By Docstoc
					 Bristol Bay
   Housing
 Authority




POLICY MANUAL




    Effective July 1, 2006
Effective July 1, 2006
BBHA Policies – Contents                                                                                                                                        i




I. HOUSING MANAGEMENT ........ 1
1.          General Provisions ..........................................................................................................................1
     1.1    Primary Objectives............................................................................................................................1
     1.2    Purpose of Policy ..............................................................................................................................1
     1.3    Scope of Policy .................................................................................................................................1
     1.4    Policy Adoption ................................................................................................................................2
     1.5    Policy Interpretation..........................................................................................................................2

2.          Eligibility..........................................................................................................................................2
     2.1    Family Composition..........................................................................................................................2
     2.2    Indian Families (IHBG Program Only).............................................................................................3
     2.3    Income Limitations ...........................................................................................................................3
     2.4    Suitability Criteria for Admission.....................................................................................................5
     2.5    Factors and information to be assessed .............................................................................................6
     2.6    Notification of determination............................................................................................................6
     2.7    Counseling program..........................................................................................................................6
     2.8    IHBG Assistance in Other Programs ................................................................................................6

3.          Application Process.........................................................................................................................7
     3.1    Application........................................................................................................................................7
     3.2    Eligibility Determination ..................................................................................................................7
     3.3    Wait List ...........................................................................................................................................8
     3.4    Homeownership Counseling Program (IHBG Programs Only) ........................................................9

4.          Selection Process ...........................................................................................................................11
     4.1    General Provisions ..........................................................................................................................11
     4.2    Order of Selection ...........................................................................................................................11
     4.3    Successorship (Homeownership Program only) .............................................................................11
     4.4    Selection from Waiting List ............................................................................................................13
     4.5    Non-discrimination .........................................................................................................................16
     4.6    Assignment of Homes.....................................................................................................................16

5.          Certification Process .....................................................................................................................17
     5.1    Initial Certification..........................................................................................................................17
     5.2.      Annual Reexamination (excluding Homeowner Programs).......................................................18
     5.3    Special Reexaminations ..................................................................................................................19
     5.4    Interim Reexamination....................................................................................................................19
     5.5    Adjustment for Utility Allowances .................................................................................................20
     5.6    Adjustments Due to Errors..............................................................................................................20
     5.7    Procedure for Reexamination..........................................................................................................21
     5.8    Failure to Report Income Changes..................................................................................................21
     5.9    Failure to Report with Extenuating Circumstances.........................................................................22

6.          Leasing Process .............................................................................................................................22
     6.1    Execution of the Agreement............................................................................................................22
     6.2    Participant Family change...............................................................................................................22
     6.3    Amendments to Agreement.............................................................................................................22
     6.4    Termination of Homebuyer or Rental Agreement ..........................................................................22
     6.5    Incurable breaches of Agreement or Rental Agreement .................................................................23
     6.6    “One Strike and You’re Out”..........................................................................................................23
     6.7    Payment of Required Monthly Payments........................................................................................24


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ii                                                                                                        BBHA Policies – Contents

     6.8 Principal Residency Requirement .................................................................................................. 24
     6.9 Homebuyer Sublease of Mutual Help Unit .................................................................................... 25
     6.10   Business Use of Home............................................................................................................... 28
     6.11   Structural Modifications (Homeownership only) ...................................................................... 28
     6.12   Pets ............................................................................................................................................ 29

7.            Inspections .................................................................................................................................... 29
     7.1      Special Inspections......................................................................................................................... 29
     7.2      Move-in Inspection. ....................................................................................................................... 29
     7.3      Annual Inspections......................................................................................................................... 30
     7.4      Move-Out Inspection...................................................................................................................... 30

8.            Conveyances and Conversions .................................................................................................... 30
     8.1      Opportunity to Purchase (Mutual Help Program) .......................................................................... 30
     8.2      Purchase Price Schedule................................................................................................................. 30
     8.3      Eligibility to purchase .................................................................................................................... 31
     8.4      Initiation of Process........................................................................................................................ 31
     8.5      Post-conveyance Responsibilities .................................................................................................. 32
     8.6      Interim Responsibilities.................................................................................................................. 32
     8.7      Closing Costs ................................................................................................................................. 32
     8.8      Transfer of Title ............................................................................................................................. 33
     8.9      Disposition of Proceeds.................................................................................................................. 33
     8.10        Conveyance of Homes on Leased or Restricted Land ............................................................... 34
     8.11        Homebuyers in arrears............................................................................................................... 34
     8.12        Conversion from Homeownership to Low Rent (37 Act Only)................................................. 34
     8.13        Conversion from Low-rent to Homeownership (37 Act Only).................................................. 35

9.            Collections..................................................................................................................................... 35
     9.1      Amount of Required Monthly Payment and Security Deposit ....................................................... 35
     9.2      Inability to Make Full Payment Due to Hardship........................................................................... 36
     9.3      Partial Payment .............................................................................................................................. 37
     9.4      Payment Agreements...................................................................................................................... 37
     9.5      Permanent Loss of Eligibility......................................................................................................... 39
     9.6      Collection of Delinquencies ........................................................................................................... 39
     9.7      Termination and Notice To Quit .................................................................................................... 40
     9.8      Referral to Legal Counsel............................................................................................................... 40
     9.9      Collection of Legal Expenses Incurred in Enforcement................................................................. 40
     9.10        Reservation of BBHA rights...................................................................................................... 41
     9.11        Collection after Move-out ......................................................................................................... 41
     9.12        Small Claims Action.................................................................................................................. 41

10.    Maintenance.................................................................................................................................. 41
  10.1   Definitions ................................................................................................................................. 41
  10.2   Purpose and Objectives ............................................................................................................. 42
  10.3   Family Responsibilities ............................................................................................................. 42
  10.4   Types of Maintenance ............................................................................................................... 43
  10.5   Housing Authority Responsibilities........................................................................................... 44
  10.6   Maintenance Program................................................................................................................ 45

11.    Special Requirements for Down Payment Assistance Program ............................................... 46
  11.1   Eligibility Requirements............................................................................................................ 46
  11.2   Property Eligibility Requirements ............................................................................................. 47
  11.3   Terms and Conditions................................................................................................................ 48

12.    Special Requirements for the Forest View, Taiga View and similar LIHTC Projects........... 49
  12.1   Initial Occupancy and Certification Of Income......................................................................... 49


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BBHA Policies – Contents                                                                                                                                   iii


   12.2          Definitions..................................................................................................................................49
   12.3          Apartment Management.............................................................................................................50
   12.4          Eviction Policy ...........................................................................................................................51
   12.5          Rental Subsidy Program.............................................................................................................52

13.    Special Requirements for the Southwest Elders Project ...........................................................54
  13.1   Definitions..................................................................................................................................54
  13.2   Requirements..............................................................................................................................55
  13.3   Basic Information.......................................................................................................................55
  13.4   Compliance with Governmental Orders.....................................................................................55
  13.5   Nondiscrimination......................................................................................................................55
  13.6   Rentals........................................................................................................................................56
  13.7   Reports .......................................................................................................................................56
  13.8   Collection of Rents, Security Deposits and Other Receipts .......................................................57
  13.9   Accounting System ....................................................................................................................57
  13.10 Enforcement of Leases ...............................................................................................................57
  13.11 Maintenance and Repair.............................................................................................................58
  13.12 Utilities and Services..................................................................................................................58
  13.13 Insurance ....................................................................................................................................58
  13.14 Taxes, Fees and Assessments.....................................................................................................59
  13.15 Employees and/or Services ........................................................................................................59
  13.16 Low-Income Housing Tax Credit Requirements........................................................................59

14.    Special Requirements for the MEAL Program ..........................................................................60
  14.1   Mission Statement ......................................................................................................................60
  14.2   Role and Responsibility of Owner and Managing Agent (BBHA) ............................................60
  14.3   Personnel Policies ......................................................................................................................61
  14.4   Plans for Marketing Units ..........................................................................................................61
  14.5   Fair Housing Instructions ...........................................................................................................62
  14.6   Rent Collection Policy ...............................................................................................................63
  14.7   Records and Reports...................................................................................................................63
  14.8   Property Assets Inventory ..........................................................................................................64
  14.9   Accounting Procedures ..............................................................................................................64
  14.10 Tenant - Management Relations.................................................................................................64
  14.11 Eviction Procedures and Notice to Quit .....................................................................................65
  14.12 Forced Entry Detainer Action ....................................................................................................65
  14.13 Notice To Pay Rent In Full Or Quit Said Premises. ...................................................................66
  14.14 Maintenance and Repair Program ..............................................................................................66
  14.15 Annual Recertifications..............................................................................................................67
  14.16 Recertifications ..........................................................................................................................67

15.    Special Requirements for Quvularia New Stuyahok Senior Apartments ................................67
  15.1   Introduction ................................................................................................................................67
  15.2   Non-Discrimination....................................................................................................................67
  15.3   Eligibility Requirements for Residents Paying an Assisted Rent...............................................68
  15.4   Resident Selection Criteria.........................................................................................................68
  15.5   Rejecting Applications ...............................................................................................................69
  15.6   Income Eligibility Requirements................................................................................................69
  15.7   Determining Family Size at Move-In.........................................................................................70
  15.8   Processing Steps.........................................................................................................................70
  15.9   Waiting List Management ..........................................................................................................70
  15.10 Overcrowded Units ....................................................................................................................71
  15.11 Management-Tenant Relations...................................................................................................71

16.    Pet Policy........................................................................................................................................71
  16.1   General Statement. .....................................................................................................................71


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iv                                                                                                        BBHA Policies – Contents

     16.2        Definitions. ................................................................................................................................ 72
     16.3        Pet Rules.................................................................................................................................... 72
     16.4        Nuisance or Threat to Health or Safety. .................................................................................... 74
     16.5        Denial of Approval. ................................................................................................................... 74
     16.6        Pet Rules Violation Procedures. ................................................................................................ 74
     16.7        Amending the Pet Policy. .......................................................................................................... 74

17.    Tenant Grievances........................................................................................................................ 74
  17.1   Right to a Hearing ..................................................................................................................... 74
  17.2   Definitions ................................................................................................................................. 74
  17.3   Procedure Prior to a Hearing ..................................................................................................... 75
  17.4   Procedure to Obtain a Hearing .................................................................................................. 75
  17.5   Notification to the Executive Director....................................................................................... 76
  17.6   Hearing Prerequisite .................................................................................................................. 76
  17.7   The Hearing ............................................................................................................................... 76
  17.8   Decision of the Executive Director............................................................................................ 77
  17.9   Appeals from the Executive Director’s Decision ...................................................................... 77
  17.10 Applicant Grievance Procedures ............................................................................................... 77



II. DEVELOPMENT .................. 71
18.         Citizen Participation .................................................................................................................... 71

19.    Methods of Development ............................................................................................................. 71
  19.1   Conventional.............................................................................................................................. 71
  19.2   Acquisition ................................................................................................................................ 71

20.         Warranties .................................................................................................................................... 71

21.    The Development Process ............................................................................................................ 71
  21.1   Defining Real Estate Development ........................................................................................... 71
  21.2   Development Sequence ............................................................................................................. 72

22.    The Eight-Stage Model of Development..................................................................................... 72
  22.1   Inception of an Idea ................................................................................................................... 72
  22.2   Refinement of the idea............................................................................................................... 73
  22.3   Feasibility .................................................................................................................................. 73
  22.4   Contract Negotiation ................................................................................................................. 73
  22.5   Formal Commitment ................................................................................................................. 73
  22.6   Construction .............................................................................................................................. 73
  22.7   Completion and Formal Opening .............................................................................................. 73
  22.8   Asset and Property Management ............................................................................................... 73

23.         Characterizing Developers .......................................................................................................... 74

24.    Regional Development and Sub-recipient Programs ................................................................ 74
  24.1   General Statement ..................................................................................................................... 74
  24.2   Development Pool Ranking System .......................................................................................... 75
  24.3   Development Award Procedure................................................................................................. 76
  24.4   Administration of Sub-Recipient Awards.................................................................................. 77
  24.5   Wage Rates................................................................................................................................ 77
  24.6   Administrative Requirements .................................................................................................... 78
  24.7   Indian Preference....................................................................................................................... 78


                                                                Effective July 1, 2006
BBHA Policies – Contents                                                                                                                                      v


   24.8          Indian Housing Plan ...................................................................................................................79
   24.9          Local Cooperation Agreement and Exemption from Taxation ..................................................79
   24.10         Affordable Housing Activities ...................................................................................................79
   24.11         Current Assisted Stock ...............................................................................................................80
   24.12         Insurance ....................................................................................................................................81
   24.13         Real Property Acquisition and Relocation .................................................................................81
   24.14         Cost Limits .................................................................................................................................81
   24.15         Environmental Review Requirements........................................................................................82
   24.16         Conflict of Interest .....................................................................................................................82
   24.17         Prohibitions on use of Debarred, Suspended or Ineligible Contractors......................................83
   24.18         Drug Free Workplace Requirements ..........................................................................................83
   24.19         Useful Life of Assisted Housing Unit ........................................................................................83
   24.20         Annual Performance Report; Monitoring Responsibilities ........................................................83
   24.21         Program Records ........................................................................................................................84



III. PERSONNEL ..................... 85
25.    Basic Principles .............................................................................................................................85
  25.1   Administration............................................................................................................................85
  25.2   Amendment or Waiver ...............................................................................................................85
  25.3   At-Will Employees.....................................................................................................................85
  25.4   Native Preference .......................................................................................................................85
  25.5   Nepotism ....................................................................................................................................86
  25.6   Employee Conduct .....................................................................................................................86

26.    Drug and Alcohol Use ...................................................................................................................90
  26.1   Use, Possession, or Sale of Drugs and Alcohol..........................................................................90
  26.2   Search.........................................................................................................................................91
  26.3   Drug and Alcohol Testing ..........................................................................................................92
  26.4   Testing Procedures .....................................................................................................................94
  26.5   Testing Guidelines......................................................................................................................96
  26.6   Employee Initiated Rehabilitation..............................................................................................97
  26.7   Third-Party Referrals..................................................................................................................97
  26.8   Procedures for Policy Violations................................................................................................98
  26.9   Amendment to policy .................................................................................................................98

27.    Organization..................................................................................................................................98
  27.1   Position Classifications ..............................................................................................................99
  27.2   Changes in Employment Status..................................................................................................99

28.    Compensation..............................................................................................................................100
  28.1   Determination of Rates.............................................................................................................100
  28.2   Periodic Pay Increases..............................................................................................................101
  28.3   Annual Bonus..........................................................................................................................101
  28.4   Stipends ....................................................................................................................................101

29.    Working Hours, Pay Days and Timesheets...............................................................................101
  29.1  Regular Workweek...................................................................................................................101
  29.2  Variations in Work Hours ........................................................................................................101
  29.3  Flexible Work Hours................................................................................................................101
  29.4  Overtime...................................................................................................................................102
  29.5  Payday......................................................................................................................................102
  29.6  Timesheets................................................................................................................................102


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vi                                                                                                     BBHA Policies – Contents

30.    Leave............................................................................................................................................ 102
  30.1   Holidays................................................................................................................................... 102
  30.2   Military Leave ......................................................................................................................... 103
  30.3   Court Leave ............................................................................................................................. 103
  30.4   Personal Leave......................................................................................................................... 103
  30.5   Leave without Pay ................................................................................................................... 104
  30.6   Administrative Leave .............................................................................................................. 105
  30.7   Bereavement Leave ................................................................................................................. 105

31.    Fringe Benefits............................................................................................................................ 105
  31.1    Employees ............................................................................................................................... 105
  31.2    Dependents .............................................................................................................................. 105
  31.3    Commissioners ........................................................................................................................ 105

32.    Training....................................................................................................................................... 106
  32.1   Job-related ............................................................................................................................... 106
  32.2   General Education ................................................................................................................... 106
  32.3   Employee Resignations ........................................................................................................... 106

33.    Grievances................................................................................................................................... 106
  33.1   General Policy ......................................................................................................................... 106
  33.2   Informal settlement.................................................................................................................. 106
  33.3   Definitions ............................................................................................................................... 106
  33.4   Level One ................................................................................................................................ 107
  33.5   Level Two................................................................................................................................ 107

34.          Performance Evaluations........................................................................................................... 107

35.    Personnel Records ...................................................................................................................... 108
  35.1   Records Maintenance .............................................................................................................. 108
  35.2   Adding to Personnel File ......................................................................................................... 108
  35.3   Right to Respond ..................................................................................................................... 108
  35.4   Personnel Action ..................................................................................................................... 108

36.    Travel .......................................................................................................................................... 108
  36.1   General Statement ................................................................................................................... 108
  36.2   Food and Lodging.................................................................................................................... 108
  36.3   Ground Transportation ............................................................................................................ 109
  36.4   Per Diem.................................................................................................................................. 110
  36.5   Advances and Settlement......................................................................................................... 110
  36.6   Meetings, Conventions, Conferences, and Seminars............................................................... 110
  36.7   Allowable Costs....................................................................................................................... 110
  36.8   Registration Fees and Meals.................................................................................................... 111
  36.9   Expenses for Meetings: Food Costs ....................................................................................... 111
  36.10 Housing Authority Vehicle Use............................................................................................... 111
  36.11 Air Travel by Key Personnel ................................................................................................... 112

37.    Sexual Harassment Policy.......................................................................................................... 112
  37.1   Statement of Policy.................................................................................................................. 112
  37.2   Confidentiality......................................................................................................................... 113
  37.3   Responsibility of Supervisory Personnel................................................................................. 113
  37.4   Complaint Procedures.............................................................................................................. 113
  37.5   Option 1: Informal Resolution................................................................................................ 114
  37.6   Option 2: Formal Resolution .................................................................................................. 114
  37.7   External Actions ...................................................................................................................... 115



                                                              Effective July 1, 2006
BBHA Policies – Contents                                                                                                                            vii


38.         Internet & Network Use .............................................................................................................115



IV. FINANCIAL MANAGEMENT 117
39.    Property Accountability .............................................................................................................117
  39.1   Property Accountability ...........................................................................................................117
  39.2   Accounting for Materials and Supplies ....................................................................................117
  39.3   Accounting for Non-capital Equipment ...................................................................................117
  39.4   Accounting for Capital Equipment...........................................................................................118

40.         Capitalization of Property..........................................................................................................118

41.    Disposition Policy ........................................................................................................................119
  41.1    Less Than $5,000 .....................................................................................................................119
  41.2    $5,000 to $100,000..................................................................................................................119
  41.3    $100,000 or Greater.................................................................................................................119
  41.4    Sale to Public Body ..................................................................................................................119
  41.5    Destruction, Abandonment or Donation...................................................................................119
  41.6    Disposition of Computer Equipment........................................................................................120
  41.7    Donations Policy ......................................................................................................................120

42.         Operating Budgets ......................................................................................................................121

43.         MEPA Investment.......................................................................................................................121

44.    Other Investments.......................................................................................................................122
  44.1   Authorization............................................................................................................................122
  44.2   Amount and Duration...............................................................................................................122
  44.3   Security ....................................................................................................................................122
  44.4   Separation of Responsibilities ..................................................................................................123
  44.5   Maintenance .............................................................................................................................123
  44.6   Eligible Instruments .................................................................................................................123
  44.7   Investment Brokers ..................................................................................................................124



V. PROCUREMENT POLICY..... 127
45.    General Provisions ......................................................................................................................127
  45.1   Purpose.....................................................................................................................................127
  45.2   Application...............................................................................................................................127
  45.3   Retention of Procurement Records...........................................................................................127

46.    Procurement Authority & Administration ...............................................................................128
  46.1   Contracting Officer ..................................................................................................................128
  46.2   Policy Administration ..............................................................................................................129

47.    Procurement Methods ................................................................................................................129
  47.1   Selection of Method .................................................................................................................129
  47.2   Small Purchases of $100,000 or Less.......................................................................................131
  47.3   Sealed Bids...............................................................................................................................132
  47.4   Competitive Proposals..............................................................................................................135
  47.5   Noncompetitive Proposals........................................................................................................137


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viii                                                                                                     BBHA Policies – Contents

   47.6          Cost and Price Analysis........................................................................................................... 137
   47.7          Cancellation of Solicitations.................................................................................................... 138
   47.8          Cooperative Purchasing........................................................................................................... 139

48.    Contractor Qualifications and Duties....................................................................................... 139
  48.1   Contractor Responsibility ........................................................................................................ 139
  48.2   Suspension and Debarment ..................................................................................................... 140
  48.3   Qualified Bidder's Lists ........................................................................................................... 140
  48.4   Bonds....................................................................................................................................... 140

49.    Types of Contracts, Clauses, and Contract Administration................................................... 141
  49.1   Contract Types......................................................................................................................... 141
  49.2   Options .................................................................................................................................... 141
  49.3   Required Clauses ..................................................................................................................... 141
  49.4   Contract Administration .......................................................................................................... 143

50.    Specifications .............................................................................................................................. 143
  50.1   General .................................................................................................................................... 143
  50.2   Limitations............................................................................................................................... 143

51.    Appeals and Remedies ............................................................................................................... 144
  51.1   General .................................................................................................................................... 144
  51.2   Bid Protest ............................................................................................................................... 144
  51.3   Contract Claims ....................................................................................................................... 144
  51.4   Protests Involving Indian Preference....................................................................................... 144

52.    Assistance to Small and Other Businesses................................................................................ 144
  52.1   Required Efforts ...................................................................................................................... 144
  52.2   Definitions ............................................................................................................................... 145

53.    Ethics in Public Contracting ..................................................................................................... 146
  53.1   General .................................................................................................................................... 146
  53.2   Conflict of Interest................................................................................................................... 146
  53.3   Gratuities, Kickbacks, and Use of Confidential Information................................................... 146
  53.4   Prohibition against Contingent Fees........................................................................................ 147



ADDENDUM – DESIGN STANDARDS
........................................ 149
54.         Requirement ............................................................................................................................... 149

55.         Gross Area .................................................................................................................................. 149

56.         Total Cost.................................................................................................................................... 149

57.         Environmental Concerns and Mitigations ............................................................................... 149

58.         Climate ........................................................................................................................................ 150

59.         Comparable Housing ................................................................................................................. 150




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BBHA Policies – Contents                                                                                                                            ix


60.         Local Codes, Ordinances and Standards ..................................................................................150

61.         Cultural Relevance in Design.....................................................................................................150

62.    Minimum Design and Construction Features...........................................................................150
  62.1   General statement.....................................................................................................................150
  62.2   Sanitary Facilities.....................................................................................................................151
  62.3   Food preparation and refuse disposal .......................................................................................151
  62.4   Space and security....................................................................................................................152
  62.5   Thermal environment ...............................................................................................................152
  62.6   Illumination and electricity ......................................................................................................153
  62.7   Structure and materials.............................................................................................................153
  62.8   Interior air quality.....................................................................................................................154
  62.9   Water supply ............................................................................................................................154
  62.10 Lead-based paint ......................................................................................................................154
  62.11 Access ......................................................................................................................................154
  62.12 Site and Neighborhood.............................................................................................................154
  62.13 Sanitary condition ....................................................................................................................155
  62.14 Smoke detectors .......................................................................................................................155

63.         Accessibility Standards...............................................................................................................155



GLOSSARY OF TERMS........... 157

JOB DESCRIPTIONS ............. 169

INDEX ............................... 187




                                                             Effective July 1, 2006
BBHA Policies – Housing Management                                                      1



                I. HOUSING MANAGEMENT

1.   General Provisions
     1.1   Primary Objectives
           a. to assist and promote affordable housing activities to develop,
              maintain, and operate affordable housing in safe and healthy
              environments on Indian reservations and in other Indian areas for
              occupancy by low-income Indian families;
           b. to ensure better access to private mortgage markets for Indian tribes
              and their members and to promote self-sufficiency of Indian tribes
              and their members;
           c. to coordinate activities to provide housing for Indian tribes and their
              members with Federal, State, and local activities to further economic
              and community development for Indian tribes and their members;
           d. to plan for and integrate infrastructure resources for Indian tribes
              with housing development for tribes; and
           e. to promote the development of private capital markets in Indian
              country and to allow such markets to operate and grow, thereby
              benefiting Indian communities.
     1.2   Purpose of Policy
           a. To provide guidelines enabling the BBHA staff to administer the
              programs consistently and fairly
           b. To provide training and orientation for newly hired staff;
           c. To provide answers to program questions beyond the scope of the
              Federal Regulations; and
           d. To educate Housing Authority clients and the public of the basis for
              Housing Authority decisions
     1.3   Scope of Policy
           This policy pertains to the following programs in accordance with:
           a. The Traditional (1937 Act) Mutual Help Homeownership Program, by
              which the family enters into a Mutual Help Occupancy Agreement
              ("MHOA"), with BBHA to purchase a housing unit;
           b. The Traditional (1937 Act) Rental Housing Program, by which the
              family enters into a Rental Agreement with BBHA to rent a housing
              unit;
           c. The NAHASDA Homeownership Program, by which the family enters
              into a Lease-Purchase Agreement with the BBHA to purchase a
              housing unit;
           d. The Low-Income Housing Tax Credit Program, by which the family
              enters into a Lease Agreement with the BBHA to rent a housing unit;


                                Effective July 1, 2006
2                                           BBHA Policies – Housing Management


            e. The “Pass-Through” Program by which IHBG funds are returned to
               the participating villages to use for affordable housing activities they
               determine;
            f.   The Downpayment Assistance Program, by which assistance is
                 provided to families to obtain loans from private lenders to purchase
                 homes; and
            g. Other housing programs managed by the BBHA.
     1.4    Policy Adoption
            The Admissions Occupancy Policy is adopted by, and may only be
            amended by, the BBHA Board of Commissioners.
     1.5    Policy Interpretation
            If any provision of this Housing Management Policy conflicts with any
            Federal or State regulation and/or statute governing the administration of
            the program, the regulation or statute shall prevail. If any provision of
            this policy conflicts with any Agreement or Contract between a family and
            the BBHA, or between any other service provider and the BBHA, the
            Agreement or Contract shall prevail.


2.   Eligibility
     Note: any BBHA Commissioner or Housing Management staff person who is a
     relative of any applicant shall be excused from any decision-making role in the
     selection process. In addition, the Executive Director and the Housing Manager
     will review all selection determinations.
     2.1    Family Composition
            Homeownership and Rental housing are provided to eligible families. A
            family can consist of any of the following:
            a. Single persons who are otherwise eligible;
            b. An Elderly Family whose head or spouse meets the following
               definition:
                 (1)   62 years of age or older (NAHASDA, LIHTC and MEAL
                       programs); or
                 (2)   60 years of age or older (Southwest Elders); or
                 (3)   55 years of age or older (Schroeder Housing); or
                 (4)   a Disabled or Handicapped person.
            c. Two or more persons who will live regularly together in the same
               home, and whose income and resources are available to meet the
               Family's needs, with the following clarifications:
                 (1)   There can also be other unrelated persons living in the
                       household, such as foster children; if it is determined the home
                       will not be overcrowded.
                 (2)   Persons residing with a Family to permit the employment of a
                       sole wage earner, or solely because the person is essential to the

                                  Effective July 1, 2006
BBHA Policies – Housing Management                                                     3


                     care of a family member, shall not be considered a family
                     member when determining eligibility.
           d. The remaining member of a tenant family;
           e. A person displaced by governmental action, or a person whose
              dwelling has been extensively damaged or destroyed as a result of a
              disaster declared or otherwise formally recognized under Federal
              disaster relief laws.
           f.   The family must contain at least one member who is legally able to
                sign an Agreement with the BBHA (either 18 years of age or older or
                an emancipated minor).
     2.2   Indian Families (IHBG Program Only)
           2.2.1     Definition
                     Indian families are defined as families who have one or more
                     family members (minors or adults) who are members of a
                     federally recognized tribe.
           2.2.2     Eligibility
                     Generally speaking, only Indian families are eligible for housing
                     funded through the Indian Housing Block Grant (IHBG)
                     program. Non-Indian applicants may be eligible provided that
                     the Tribe has determined that the presence of the family is
                     essential to the well being of Indian families, and that the need
                     for housing for the family cannot reasonably be met except under
                     this program.
     2.3   Income Limitations
           BBHA is mandated to serve the housing needs of low-income families.
           Therefore, to be eligible the family's Annual Income must meet the
           requirements set out as follows:
           2.3.1     Maximum income
                     Except as provided below, the family's Annual Income, as
                     defined, cannot exceed the applicable income limits for
                     admission established by the Federal regulations. The highest
                     income limit for all areas served by the BBHA shall be used for
                     all families applying for BBHA programs.
           2.3.2     Exception to maximum income limit (IHBG Program
                     Only)
                     BBHA may, without ONAP approval, use IHBG funds to assist an
                     over-income family if:
                     (a) there is a need for housing that cannot reasonably be met
                         without using IHBG funds, and
                     (b) assisting the family would not result in more than 10% of the
                         IHBG being used to assist over-income families, and
                     (c) the over-income family’s income does not exceed 100% of the
                         median income per BBHA’s adopted income limits.



                                   Effective July 1, 2006
4                                BBHA Policies – Housing Management


    2.3.3   Prorating assistance for over income families (IHBG
                Program Only)
            Families who are over-income as described above cannot receive
            the same assistance as low-income families. Therefore, housing
            payments must be prorated by dividing the income of the over-
            income family by the income of a low-income family of the same
            size (according to the income limit schedule), and multiplying
            the result times the payment the low-income family would be
            paying.
    2.3.4   Minimum income (Homeownership Programs only)
            Families must have sufficient income to make monthly house
            payments, utility payments and perform maintenance of the
            home. Except as provided below, to be eligible the family's
            income must equal or exceed the minimum income
            requirements as established in BBHA’s adopted income limits.
    2.3.5   Exception to minimum income requirement
            An exception to the minimum income requirement may be
            made, upon approval by the Executive Director, if the family can
            provide documentation that the family is not fully dependent
            upon their income to meet their needs because of the availability
            of subsistence food sources, and/or similar factors. BBHA will
            place a value on these additional sources that will be added to
            the family’s income before determining eligibility.
    2.3.6   Ongoing source of income
            In addition to meeting minimum and maximum income limits,
            applicants must verify that their source of income is reliable and
            will be ongoing.
    2.3.7   Estimating income
            If it is not feasible to anticipate a level of income over a 12-
            month period, the income anticipated for a shorter period may
            be annualized, subject to a re-determination at the end of the
            shorter period.
    2.3.8   Definition of “income”
            Any of the following definitions can be used to determine income
            for either eligibility or payment-determination purposes. The
            definition shall be used that is most advantageous to the family.
            (a) Annual income as defined for HUD’s Section 8 program in 24
                CFR part 5, subpart F (except when determining the income
                of a homebuyer for an owner-occupied rehabilitation project,
                the value of the homeowner’s principle residence may be
                excluded from the calculation of Net Family Assets; or
            (b) Annual income as reported under the Census long-form for
                the most recent available decennial Census; or
            (c) Adjusted gross income as defined for purposes of reporting
                under Internal Revenue Services (IRS) Form 1040 series for


                       Effective July 1, 2006
BBHA Policies – Housing Management                                                      5


                        individual Federal annual income tax purposes.
     2.4   Suitability Criteria for Admission
           To be eligible for any housing programs, applicants must be able to
           comply with program requirements. A family will not be admitted whose
           conduct in present or prior housing is likely to diminish the health, safety,
           welfare, or quiet enjoyment of other tenants, or is likely to adversely affect
           the project environment, the physical condition of the home or
           neighborhood, or the Housing Authority's financial ability to operate the
           program and enforce tenant obligations without undue burden. Past
           habits and practices with respect to housing occupancy will be assessed to
           determine eligibility. Disqualifying factors include:
           2.4.1    Outstanding debts
                    No family will be admitted who has an outstanding debt with any
                    publicly funded or subsidized landlord or authority, or to any
                    utility company that would prohibit the family from obtaining
                    utility services. To be considered for eligibility, the family must
                    repay the debt in full or have a current repayment agreement
                    with the landlord. (Debts to private landlords will be considered
                    also, but do not automatically preclude eligibility).
           2.4.2    Fraud
                    No family will be admitted whose head of household or spouse
                    has committed fraud as a participant or applicant in any housing
                    program administered by a Housing Authority, or other publicly
                    funded housing program.
           2.4.3    Drug-related criminal activity
                    No family will be admitted who has a member with a history of
                    engaging in drug-related criminal activity, as defined in the
                    Glossary. Only violations committed within the previous two
                    years will be counted
           2.4.4    History of violence
                    No family will be admitted who has a member who has a history
                    of engaging in violent criminal activity, as defined in the
                    Glossary. Except for violations related to firearms or the sexual
                    abuse of minors, only violations committed within the previous
                    two years will be counted.
           2.4.5    Ability to perform obligations (Homeownership
                    Program Only)
                    In addition to the above eligibility criteria, applicants to the
                    Homeownership Program must demonstrate their ability and
                    willingness to maintain the home. This ability must include the
                    financial resources available for maintenance purposes and the
                    physical abilities of the family members to perform this
                    maintenance, or the ability of the family to access maintenance
                    services. The BBHA may also consider past tenant history and
                    an inspection of the family’s current housing in making this
                    determination.

                                 Effective July 1, 2006
6                                        BBHA Policies – Housing Management


          2.4.6    Principle place of residence
                   The family must agree that the home to be provided by the BBHA
                   shall be their principle place of residence. Ownership of a second
                   home will make the family ineligible unless the home is used for
                   one of the following purposes:
                   (a) The second home is located in a different community and is
                       necessary for the family’s livelihood. All income associated
                       with the rental of this home must be included in determining
                       both eligibility and monthly payments.
                   (b) The second home is used for cultural purposes, such as
                       subsistence activities.
    2.5   Factors and information to be assessed
          a. Eligibility will be determined by reviewing such factors as previous
             occupancy with the BBHA, landlord references, inspection reports,
             information from neighbors and persons with relevant knowledge of
             habits and practices, credit reports and criminal background checks.
          b. If unfavorable information is received, BBHA will consider the time,
             nature, and extent of the past occurrence and the reasonable
             probability of future unfavorable performance. Such factors as the
             length of time since the last occurrence of such activities, the
             seriousness of the conduct, and the record of rehabilitation efforts on
             behalf of the family member(s) will be taken into consideration.
          c. No family will be denied admission solely because of an association
             with an unsuitable person who will not reside in the unit.
    2.6   Notification of determination
          All families will be notified of the BBHA’s eligibility determination
          according to the application procedures described in this policy.
    2.7   Counseling program
          Failure or refusal to participate in the BBHA Counseling Program, as
          described in this policy, authorizes the BBHA to terminate the admissions
          process at any time.
    2.8   IHBG Assistance in Other Programs
          BBHA is required by NAHASDA to expend IHBG funds exclusively for
          Native American affordable housing, with limited exceptions as described
          in this policy. BBHA also owns and/or administers housing projects that
          allow occupancy for both Natives and non-Natives. For example, BBBHA
          owns and/or administers projects that must be operated in accordance
          with the requirements of the Low Rent/Elderly Program, Low Income
          Housing Tax Credit Program, HOME Investment Partnerships Program,
          Rural Development Program and Alaska Housing Finance Corporation,
          which may require admission of both Natives and non-Natives. However,
          BBHA reserves the right to provide rental subsidies or other assistance
          from IHBG funds solely to Native Americans who occupy these projects as
          provided in the BBHA Indian Housing Plan. BBHA is authorized by
          NAHASDA to provide such funds to non-Natives only under 24 CFR
          1000.106(b).

                               Effective July 1, 2006
BBHA Policies – Housing Management                                                       7


3.   Application Process
     This section sets out procedures for obtaining and verifying information from
     applicant families for purposes of determining whether they meet the conditions
     of eligibility for participation.
     3.1    Application
            3.1.1    Open process
                     Unless the waiting list is closed, applications will be accepted
                     from all families seeking participation in the programs. An
                     applicant can apply for all programs administered by the BBHA.
                     Applicants who are currently being assisted through a BBHA
                     program must terminate their participation in the existing
                     program before they can be assisted in another program.
            3.1.2    Applicant responsibilities
                     The application constitutes the basic record of each family
                     applying for participation. Each applicant, therefore, will be
                     required to supply the information requested on the application
                     form and to sign the application, attesting to the information
                     provided. Applicants placed on the waiting list are required to
                     respond to any update requests as a condition of remaining on
                     the list and as a condition of admission.
            3.1.3    Application file
                     The application is date-stamped when received which
                     establishes the order in which it will be listed on the waiting list.
                     The applications, together with all other material relating to the
                     family's eligibility, preference ranking, and similar documents, is
                     maintained in an active file classified as "Applicants Apparently
                     Eligible Pending Verification".
     3.2    Eligibility Determination
            a. The Housing Authority makes reasonable efforts to determine the
               suitability of a family for admission. Review of Family eligibility may
               include, but is not limited to, assessment of previous occupancy with
               the Housing Authority, references from previous landlords, tenants,
               or persons with relevant knowledge, credit reports and criminal
               background checks.
            b. Unless immediate housing can be provided, no verification of
               information will be done during the initial application phase.
               Applicants are therefore determined “apparently eligible” based on
               the information provided in the application. However, not more than
               sixty (60) days prior to construction contract signing, or initial
               materials purchase for force account projects, all eligibility criteria will
               be verified and documented, upon which basis the final eligibility
               determination shall be made.
            3.2.1    Family determined eligible
                     If an applicant is determined eligible but the Housing Authority


                                  Effective July 1, 2006
8                                        BBHA Policies – Housing Management


                   has no vacancies, the Family will be determined “apparently
                   eligible”, and placed on the appropriate waiting list. Written
                   notice of the placement and the approximate date that a vacancy
                   may occur, if such date can be reasonably determined, will be
                   provided to the family.
          3.2.2    Determination and notice of ineligibility
                   If during the application phase or subsequent verification
                   process the BBHA determines that the applicant is ineligible, the
                   applicant will be given prompt written notice of the
                   determination. The Notice shall state the reasons for
                   ineligibility. The notice shall inform the applicant of any other
                   program(s) for which the applicant may be eligible, and advise
                   the applicant of the right to request an informal hearing
                   according to the BBHA Grievance Policy.
          3.2.3    Records to be maintained – ineligible applicants
                   The application, together with sufficient information as to the
                   reasons for the determination, is maintained in a file of
                   "Ineligible Applications”. The BBHA shall retain for seven (7)
                   years the original application, notification letter, any applicant
                   response and any record of informal hearing and final
                   disposition.
          3.2.4    Other applicant rights
                   The procedures set forth in this section do not preclude any
                   applicant from exercising rights, which may be available to the
                   applicant under applicable nondiscrimination laws.
    3.3   Wait List
          A waiting list for each program will be maintained by preference and date
          and time of application, sorted by bedroom size. Separate waiting lists
          will also be maintained for each participating village with a
          homeownership program. All program waiting lists will be maintained
          independent of each other.
          3.3.1    Purging the waiting list
                   BBHA may periodically update the pool of active applications by
                   requiring all persons on the waiting list to respond to a mailing
                   requesting affirmative response and update by the applicant.
                   Failure of an applicant to respond as requested will result in
                   their application being removed from the waiting list.
          3.3.2    Suspending the taking of new applications
                   If the number of Families on any waiting list is such that there is
                   no reasonable prospect that additional applicants could be
                   housed within the next year, the Authority may suspend the
                   taking of additional applications in any category affected.
                   However, the Housing Authority may not refuse to accept an
                   application from an otherwise eligible applicant who claims a
                   preference unless it is determined that:



                               Effective July 1, 2006
BBHA Policies – Housing Management                                                  9


                   (a) there is already an adequate pool of applicants on the waiting
                       list who are likely to qualify for a preference; and,
                   (b) based upon the anticipated turnover of housing units, it is
                       unlikely that the applicant in question will be offered a
                       housing unit before the other applicants on the list.
     3.4   Homeownership Counseling Program (IHBG Programs Only)
           Applicants to the BBHA programs funded through the IHBG program
           must agree to participate in the BBHA’s Counseling Program, including
           attending all training sessions as follows:
           3.4.1   Village awareness – homeownership program
                   It is important for not only the families participating in the
                   homeownership program to be aware of their obligations and
                   responsibilities but also the communities and traditional village
                   governments to understand the realistic nature of the program,
                   of what it can offer and what it cannot. The counseling section
                   should contain the following:
                   (a) BBHA’s Housing Management Policy.
                   (b) How the program is initiated from the application process, to
                        construction, to move-in, and culminating in
                        homeownership.
                   (c) Applicant’s contribution to the program: land and site
                        control.
                   (d) Traditional village government's and/or communities’
                        contributions: resolutions
           3.4.2   Homebuyer and tenant counseling
                   The counseling program commences before families move in
                   and continues throughout the family’s occupancy of the housing
                   unit. An annual calendar and monthly newsletter will be sent out
                   to each homebuyer with counseling information on maintenance
                   and property care, budgeting and money management, and
                   community resources, such as social services, educational
                   opportunities, and future planning for special needs.
           3.4.3   First meeting: Pre-occupancy
                   The focus of this meeting pertains to the following:
                   (a) Review of the Bristol Bay Housing Authority's structure, staff,
                       address, BBHA contact person’s phone number, and village
                       emergency numbers.
                   (b) Review of HUD on both national and statewide levels and
                       their function. Relationship of other agencies to the housing
                       development project, e.g., PHS, Village Safe Water,
                       Department of Transportation, etc.
                   (c) Homeownership programs provide families with to
                       opportunity to own a house. A purchase price schedule
                       details cost of the house. Maintenance on the house is the
                       homebuyer's responsibility.



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10                                 BBHA Policies – Housing Management


             (d) The house or rental payment - how it is determined and a
                 review of individual's payment.
             (e) The Agreement with the BBHA will be reviewed with focus on
                 areas of the family’s and BBHA's responsibilities.
             (f) Maintenance and grievance procedures, providing a
                 thorough understanding of the homebuyer's responsibility to
                 maintain the home.
     3.4.4   Second meeting: Move-in
             The focus of this meeting will be to familiarize the homebuyer on
             the construction of his home, areas of maintenance, and the
             need to let the housing authority know of items that pertain to
             warranty. Items to be covered are outlined in the Home
             Maintenance and Safety Program. Items to be covered include
             the following:
             (a) Review of the appliances, care they require, most common
                 problems, action needed.
             (b) Review of the homebuyer's manual. The manual contains all
                 items that have gone into building the house, where to get
                 replacement parts, and how to determine what part is
                 needed.
             (c) Review the electrical, plumbing systems.
             (d) Explanation of all items of warranty and when repairs are
                 needed within the warranty period.
     3.4.5   On-going counseling
             Counseling is an ongoing process until such time as the house is
             deeded to the homebuyer. All homebuyer's will be provided
             counseling in periodic visits to the home during inspections and
             income recertification.
     3.4.6   Home maintenance and safety program
             This phase of counseling will require some careful planning and
             preparation for each project. This is the covered in the move-in
             meeting. Special attention should be given to the following areas:
             (a) Home maintenance, such as walls, floors, circuit breakers,
                 heating systems, hot water tanks, appliances, bathroom
                 fixtures and windows.
             (b) Home safety, such as smoke alarms, fire extinguishers and
                 accident prevention.
             (c) General home care, such as kitchen appliances, cupboards,
                 and tips on cleaning.
             (d) Where to get replacement parts and how to determine what
                 part is needed.
             (e) Review the electrical, plumbing systems.
             (f) Explanation of all items of warranty and when something
                 goes wrong, communications with the housing authority.
                 This allows for items still under warranty to get fixed.



                         Effective July 1, 2006
BBHA Policies – Housing Management                                                   11


4.   Selection Process
     4.1   General Provisions
           In the event of an opening in the BBHA housing programs, selection of
           families proceeds in such a manner as to:
           a. avoid concentrations of the most economically and socially deprived
              families in any one or all of the Housing Authority projects;
           b. allow for families to determine successors in the homeownership
              programs;
           c. preclude admission of applicants whose habits and practices
              reasonably may be expected to have a detrimental effect on the
              participants or the project environment; and
           d. give preference in the selection of certain applicant families as
              specified in this policy.
     4.2   Order of Selection
           Vacancies are filled in the following order:
           a. First Priority (Homeownership Programs only): a Family eligible as a
              designated Successor, if such a family has been so designated;
           b. Second Priority: a Family at the top of the Waiting List, if there is no
              eligible designated successor.
     4.3   Successorship (Homeownership Program only)
           BBHA's policy is to respect the Homebuyer's designation of qualified
           successor families. To the maximum extent, and consistent with the
           Homeownership Program and the needs of applicant families, BBHA
           seeks to maintain a continuity of family ownership opportunity for
           Homebuyer families leaving the program for reasons beyond their
           control. To achieve this goal, families will be encouraged, both during the
           initial contracting process and again during the annual re-certification
           process, to designate a successor.
           4.3.1    Manner of designation
                    The Homebuyers' designation of a successor shall be made when
                    the Agreement is executed, if possible, and may be changed from
                    time to time by written notice from the Homebuyer to BBHA.
           4.3.2    Events authorizing successorship
                    In order for a designated individual to assume a Homebuyer's
                    rights and responsibilities in the home, one of the following
                    successorship events must occur with respect to all of the
                    persons who have executed the MHO Agreement as
                    homebuyers:
                    (a) death; or
                    (b) mental incapacity; or
                    (c) other situation as determined by the BBHA.



                                Effective July 1, 2006
12                                 BBHA Policies – Housing Management


     4.3.3   Situations where successorship will not be recognized
             Although it is not required that a designated successor be related
             to the Homebuyer, all successorship designations must be made
             in consideration of love and affection, only. BBHA is not
             required to consider successorship where:
             (a) the Agreement has been terminated through expiration of
                 Notice of Termination; or
             (b) the family is vacating due to a breach of the Agreement; or
             (c) the family is moving to another Homeownership home
                 (wherever located) or another home in the community; or
             (d) where designations have been made in return for monetary
                 or other valuable consideration.
     4.3.4   Eligibility of successor
             To be eligible, the designated successor must:
             (a) be an adult person who will promptly make the home his or
                 her primary residence;
             (b) be willing and able to pay the Administration Charge and to
                 perform all Homebuyer obligations under the
                 Homeownership Agreement, including maintenance and
                 replacements;
             (c) satisfy program eligibility requirements (including income
                 standards, no other home-ownership, and Native/Indian
                 status or waiver for Non-Indians and occupancy standards);
                 and,
             (d) execute an assumption of the former Homebuyer's
                 obligations under the Homeownership Agreement, including
                 responsibility to pay any balance due.
     4.3.5   Ineligible successors may exercise purchase option
             If a designated successor satisfies all requirements except for
             program eligibility, the successor may execute an outright
             purchase of the home.
     4.3.6   Current homebuyers ineligible
             A Homebuyer already occupying a BBHA Homeownership home
             is not an eligible successor. This covers both Heads of
             Household and Spouses, both of whom are considered
             Homebuyers.
     4.3.7   Housing authority selection of successor
             If the designated successor does not meet all requirements, or
             there is no designated Successor, the Authority may, but is not
             required to, select a family member of the Homebuyer who
             meets all requirements.
     4.3.8   Succession to all rights and obligations
             An eligible designated successor shall succeed to all rights and
             obligations of the former Homebuyer, including all outstanding


                         Effective July 1, 2006
BBHA Policies – Housing Management                                                      13


                    amounts owing to BBHA and any balance in the MEPA.
           4.3.9    Guardianship agreements
                    (a) Upon death or mental incapacity of the Homebuyer(s), if
                        there is no designated eligible successor, and a minor child or
                        children of the Homebuyer are living in the home, BBHA
                        may, in order to protect their continued occupancy and
                        opportunity for acquiring ownership of the home, approve as
                        occupant of the home an appropriate adult who has been
                        appointed legal guardian of the children with a duty to
                        perform the obligations of the MHO Agreement in their
                        interest and behalf.
                    (b) The guardianship agreement shall remain in effect until the
                        oldest child reaches majority, at which time that person shall
                        become the head of household, if willing and eligible. If the
                        oldest child is not willing to assume the responsibilities of the
                        home, the agreement may remain in effect until the next
                        oldest child reaches majority, so long as at least one child
                        remains living in the home.
                    (c) If at any time before a child assumes full legal responsibility
                        for the home as an adult, the legal guardian becomes
                        unwilling or unable to perform the obligations of the
                        Agreement, and no other legal guardian is appointed,
                        possession of the home shall revert to BBHA.
           4.3.10 MEPA and Purchase Price Schedule
                    Successorship does not affect or interrupt the Purchase Price
                    schedule, except that in the event of a dispute between BBHA
                    and potential successors, the Executive Director may suspend
                    the Purchase Price schedule pending and subject to resolution or
                    settlement of the dispute. Until conveyance, all MEPA balances
                    shall remain with the home, with all related rights and
                    obligations with respect to those funds going to the successor
                    family. No equity funds shall be paid to the former family in the
                    event of successorship. MEPA payout is available upon
                    Agreement termination, only.
           4.3.11   Surviving Spouse
                    Notwithstanding anything herein to the contrary, if at the time
                    of the event there is a surviving spouse who lives in the home,
                    the surviving spouse shall become the homebuyer’s successor
                    under the MHO Agreement, and upon the execution of the
                    Succession Agreement with the BBHA, the said surviving spouse
                    shall succeed to the homebuyer’s rights, responsibilities and
                    obligations under the MHO Agreement.
     4.4   Selection from Waiting List
           If the vacancy does not result in a successorship situation described
           above, the vacancy will be filled by selecting applicants from the waiting
           list as described in this section.



                                Effective July 1, 2006
14                                 BBHA Policies – Housing Management


     4.4.1   Order of selection - general guidelines
             (a) Elderly families, as defined, will receive preference for
                 housing units designated for the elderly;
             (b) Families with one or more persons with a disability will
                 receive a preference for housing units with special
                 accessibility features (Note: the need for a modified unit will
                 be based on the information provided in the application. The
                 BBHA will not determine the need for a modified unit based
                 on visual contact. Verification of the need for a modified unit
                 will be required.)
             (c) Discrimination is prohibited;
             (d) Families are to be selected in the order in which they appear
                 on the waiting list; and
             (e) Families must be selected from the top of the waiting list;
     4.4.2   Order of selection – (all programs except
             homeownership)
             For all housing programs except homeownership, or if the
             Village fails to provide an acceptable Local Selection Preference
             Rating worksheet as described below, families will be selected
             from the waiting list by date and time of application.
     4.4.3   Order of selection (Homeownership Programs only)
             In selecting families for the homeownership programs, BBHA
             has developed procedures whereby each participating Village has
             the right to submit a list of selection preferences to be used in
             the selection of families for housing in their Village. To
             implement this policy, BBHA has developed a “Local Preference
             Selection Rating” worksheet to be used in establishing the order
             in which families will be selected. Each selection criteria can be
             given a weight by the local tribe.
             Allowable preferences include the following:
             (a) Tribal Preference - The applicant or his or her spouse is a
                 member of the Indian tribe in the village.
             (b) Number of Children - Tribe to identify the number of
                 children a family would need to receive higher preference.
                 For example, families with more than 5 children would be
                 given higher preference than a family with 4 or less children.
                 The family must provide a list of household occupants. This
                 will be verified with the recognized tribal government.
             (c) Local Resident - The applicant is a resident of the village at
                 the time he or she files an application with BBHA, and
                 intends to use the home as his or her principal place of
                 residence for at least 9 months of the year.
             (d) Elderly Resident - A person of 62 years of age or older, or
                 disabled or handicapped. The applicant must provide proof
                 of age or disability or handicap.
             (e) Currently in Substandard Home - Substandard housing
                 would be housing without heat, and/or electricity, and/or

                         Effective July 1, 2006
BBHA Policies – Housing Management                                                    15


                        water, and/or sewage. Landlord references or on-site visits to
                        the residence provide information on the condition of the
                        unit.
                  (f)   Currently a Renter – Family is currently renting. This will be
                        verified with the landlord.
                  (g)   Currently Homeless – Family is without housing, including
                        living in transitional or temporary housing through no fault
                        of their own. (Person may not be technically homeless
                        because of the generosity of others, can still qualify.) This
                        will be verified with the recognized tribal government and the
                        applicant must provide a letter stating their current lodging
                        status.
                  (h)   Currently Pays Over 50 percent Rent - Person or family
                        currently pays over 50 percent of annual income for housing.
                        Verification with the landlord and income verification will be
                        done.
                  (i)   Currently Overcrowded - Family currently resides in a house
                        where more than two children share a bedroom. The current
                        residence size will be verified with the landlord or an on-site
                        visit and family size will be verified with the recognized tribal
                        government.
                  (j)   Community Service Participant - Participant in the
                        community service will be determined by each tribe but
                        would include individuals such as the VPSO, Health Aide or
                        other. The applicant must provide evidence of employment in
                        a community service position.
                  (k)   Involuntary Displacement - An individual or family will be
                        involuntarily displaced if the applicant has vacated or will
                        have to vacate their housing unit through no fault of their
                        own.
          4.4.4   Assigning Preferences
                  The BBHA will assign preferences to all applicants for whom the
                  tribe has provided a Selection Preference Rating worksheet.
                  Each applicant will be given a total score, up to a maximum of
                  100 points, and will be placed on the appropriate waiting list
                  according to their score. Families with the same score will be
                  selected according to date and time of application.
          4.4.5   Two-step qualification process
                  To qualify for a selection preference, an applicant follows a two-
                  step process:
                  (a) Certification: Applicants claim a preference when they apply
                      for assistance and certify that they qualify for one or more of
                      the preferences. This certification will generally be accepted
                      unless BBHA verifies that the applicant is not qualified.
                  (b) Final verification: Before any Agreement is executed, the
                      applicant shall provide information needed for BBHA to
                      verify the applicant's preference qualification, based upon the
                      applicant's current status. The applicant's current status

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16                                        BBHA Policies – Housing Management


                        determines admission, without regard to the applicant's
                        previous qualifications or eligibility. BBHA may require
                        applicants to re-verify their status at any time prior to move-
                        in, if a substantial time has elapsed or BBHA has reasonable
                        grounds to believe that the applicant no longer qualifies for
                        preference.
     4.5   Non-discrimination
           All Families will be selected without regard to race, color, creed, religion,
           national origin, gender, handicap, disability or familial status. No person
           will be excluded from participation in, or denied the benefits of, the
           program because of membership in a class or group, such as unmarried
           mothers or recipients of public assistance.
     4.6   Assignment of Homes
           To avoid overcrowding, BBHA matches family size to the bedroom size of
           homes in accordance with the following Occupancy Standards. Such
           standards may be waived when necessary to achieve or maintain full
           occupancy, or to respect the local cultural practices and traditions.
           4.6.1    Maximum and Minimum Family Size


               Bedrooms              Minimum Persons             Maximum Persons
                   1                       1                            3
                   2                       2                            5
                   3                       3                            7
                   4                       4                            9
                   5                       5                           11

           4.6.2    Extenuating circumstances
                    (a) If there are no homes in the BBHA inventory of a size for
                        which the family qualifies, the family will be eligible for next
                        size home available. For example, if a village only has three-
                        and four-bedroom homes, a two-person (two-bedroom)
                        family will be eligible for a three-bedroom home.
                    (b) Families with medical reasons will be provided an extra
                        bedroom.
                    (c) Possible growth of young families will be considered in
                        assigning homes.
                    (d) Families who have a history of housing foster children will be
                        given a larger home.
           4.6.3    Notification of Families
                    After the Authority determines that a home is available, and
                    makes the initial selection in accordance with this Policy, the
                    family selected shall be notified promptly of the vacancy and the
                    approximate date the home will be ready for occupancy. The
                    family will also be given a period of time, not to exceed thirty


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BBHA Policies – Housing Management                                                    17


                     days, to provide all information necessary to complete the
                     application and admission process.
            4.6.4    Failure to respond or participate
                     If the selected family does not respond to the Authority's
                     notification of a vacancy or does not provide the necessary
                     information within the required time, the applicant will be
                     removed from the waiting list and the BBHA shall proceed to
                     select the next eligible family.
            4.6.5    Rejection of offer
                     Applicants who reject two offers of selection will be removed
                     from the waiting list, except that the following circumstances
                     will not count as rejections:
                     (a) the applicant is unable to move at the time of the offer and
                         presents clear substantiating evidence, for example a doctor
                         verification that the applicant is physically unable to relocate
                         at the time required;
                     (b) accepting the offer would result in verified undue hardship to
                         the applicant, such as temporary or seasonal employment,
                         participation in education, and similar situations.


5.   Certification Process
     To assure that all families meet the eligibility requirements for continued
     participation in the programs, and that such families are paying the appropriate
     Required Monthly Payment, family composition and income are to be
     periodically reexamined and re-determined in accordance with this policy.
     Families are required to provide full cooperation in this process.
     5.1    Initial Certification
            Prior to signing a Homeownership Agreement, Rental Agreement, or any
            other Agreement as required, all families must certify their income, and
            family status through an initial certification process.
            5.1.1    Verification
                     The head-of-household and spouse are required to execute a
                     Release of Information form which authorizes any depository or
                     private source of income, or any Federal, State, local or tribal
                     agency to furnish or release to BBHA such information is
                     determined to be necessary. The use or disclosure of
                     information obtained from a family or from another source
                     pursuant to this release shall be limited to purposes directly
                     connected with the administration of the program for which the
                     family has applied.
            5.1.2    Determination of Payments
                     The family’s monthly payment shall be:
                     (a) Homeownership Programs: The lesser of the following: (1)
                         15% of Monthly Adjusted Income, as defined, less the utility


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18                                        BBHA Policies – Housing Management


                        allowance; OR (2) the Administrative Fee.
                    (b) All Other Programs: 30% of Monthly Adjusted Income, as
                        defined, less the applicable utility allowance.
            5.1.3    Utility Allowances
                    (a) Tenant Rent is computed by subtracting the utility allowance
                        applicable to the size and location of the family’s unit, from
                        the Gross Rent.
                    (b) Utility allowances are only applicable for utilities paid by the
                        family.
                    (c) If the utility allowance exceeds the Total Tenant Payment, the
                        difference is a utility reimbursement, and shall be due to the
                        family or, if the utility company consents, shall be paid to the
                        utility company.
                    (d) Utility allowances are updated every three (3) years for the
                        IHBG Program, and updated as required for all other
                        programs.
                    (e) For multi-family units with common propane storage,
                        propane cost will be paid by BBHA; otherwise cost is the
                        tenant’s responsibility.
            5.1.4    Maximum Homebuyer Payment
                     The maximum Homebuyer Payment shall be the sum of the
                     Administration Charge and the monthly debt service amount as
                     shown on the Homebuyer’s Purchase Price Schedule.
     5.2.   Annual Reexamination (excluding Homeowner Programs)
            Reexaminations for all Families participating in the Rental Programs
            (including 37 Act, Low Rent Senior, Tax Credit, Southwest Elders and
            MEAL) are conducted at least once every twelve (12) months.
            5.2.1    Scheduling
                     Annual Reexaminations are normally scheduled 60-90 days
                     before the anniversary date of the Agreement. When the
                     reexamination is due, the Family will be notified by letter of the
                     date and time of the appointment. The Family will be requested
                     to provide information necessary for recertification prior to the
                     time of the appointment.
            5.2.2    Adjustments
                     After eligibility and Income have been determined, any
                     adjustments in the Required Monthly Payment required by this
                     Section shall be made.
            5.2.3    Interim reexamination
                     Determinations of eligibility and changes in Required Monthly
                     Payment may be made between annual reviews, if warranted,
                     pursuant to this Section.




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BBHA Policies – Housing Management                                                     19


           5.2.4    Income presumed if family fails to provide information
                    If a Family's monthly payment cannot be determined due to
                    failure of to recertify eligibility or supply information in a timely
                    manner, the payment will be automatically calculated based on
                    the maximum income limits for a Family of that size and shall be
                    effective on the recertification date.
     5.3   Special Reexaminations
           If, at the time of admission to the program or reexamination, it is not
           possible to estimate Adjusted Income for the next twelve (12) month
           period with reasonable accuracy because of (a) unemployment and no
           anticipated prospects of employment or (b) conditions of employment or
           receipt of income is so unstable as to render inaccurate the usual and
           normal standards for determination, a special reexamination may be
           scheduled for a specified time depending upon the BBHA’s estimate of the
           time required for the Family circumstances to stabilize.
           5.3.1    Continuance of special reexamination process
                    If, at the time of special reexamination, it is still not possible to
                    make a reasonable estimate of Adjusted Income, special
                    reexaminations may continue to be scheduled and conducted up
                    until it is possible to make a reasonable estimate of Family
                    Income.
           5.3.2    Projecting income
                    If, at the time of admission to the program, reexamination, or
                    Special Reexamination, it is not possible to reasonably estimate
                    Adjusted Income for the next twelve (12) month period, the
                    Family's rate of Income, based on the Income which the Family
                    is expected to receive from the date of the current examination
                    to the date of the next examination shall be projected for a
                    twelve-month period even though it is anticipated that income
                    may fluctuate substantially, and even though another annual or
                    Special Reexamination is scheduled. The monthly payment
                    remains in effect until the next annual review or interim re-
                    determination.
           5.3.3    Zero or indeterminate income
                    If, at the time of admission or annual review, a Family reports no
                    or indeterminate income, the lack of income shall be
                    appropriately documented. The Family shall be required to re-
                    verify their income situation on a monthly basis until such time
                    as an accurate determination of income can be documented. If it
                    is felt the family is not cooperating, the BBHA may use the
                    income reported on the prior year’s tax return.
     5.4   Interim Reexamination
           5.4.1    Reporting changes
                    In addition to submitting information required at the time of
                    annual or special reexamination, Families shall report to the
                    Authority the following changes in Family circumstances, within

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20                                       BBHA Policies – Housing Management


                   ten (10) days:
                   (a) Changes affecting family composition: loss or addition of any
                       Family member through marriage, death, divorce, birth,
                       adoption or any other circumstances.
                   (b) Changes affecting Income: increases or decreases in income
                       as a result of changes in Family composition, employment,
                       benefits, or any other reason.
           5.4.2    Procedure
                   Upon receipt of a report of a change in family composition or
                   income, BBHA shall perform an interim re-determination of
                   Adjusted Income as appropriate, and the monthly payment will
                   be adjusted as follows:
                   (a) Increases in Required Monthly Payments between periodic
                       reexaminations are effective the first day of the second
                       calendar month following the month in which the changed
                       circumstance occurred.
                   (b) Decreases in Required Monthly Payments between periodic
                       reexaminations are effective the first day of the month
                       following the month during which the changed circumstance
                       was verified.
     5.5   Adjustment for Utility Allowances
           At least annually, and at such other times as deemed appropriate, the
           BBHA shall determine whether there has been a substantial change in
           utility rates and whether an adjustment is required in the Utility
           Allowances.
           5.5.1    Notice of adjustment
                    If the Authority determines that an adjustment should be made,
                    affected families will be given notice of the Utility Allowance
                    revisions not less than sixty (60) days prior to the proposed
                    effective date of such revisions. Families will be provided an
                    opportunity to submit written comments during a period
                    expiring not less than thirty (30) days prior to the proposed
                    effective date of the allowance revisions.
           5.5.2    Effective date of change
                    Changes in payments shall become effective the first day of the
                    month following the date of adoption of the Utility Allowance by
                    the Board of Commissioners. Families whose rent increases due
                    a Utility Allowance adjustment shall receive at least thirty (30)
                    days’ notice of such increase.
     5.6   Adjustments Due to Errors
           In the case of error or mistake, BBHA will adjust the Required Monthly
           Payments in a manner designed to discourage misrepresentation and to
           encourage diligent Family and BBHA action.
           5.6.1    Retroactive adjustments
                    Adjustments to Required Monthly Payments shall be retroactive

                               Effective July 1, 2006
BBHA Policies – Housing Management                                                    21


                   to the first day of the rent period affected when there is:
                   (a) an error due to mistake or misrepresentation by the Family,
                       where the corrected determination results in increased rent;
                   (b) a good faith error which, when corrected, results in decreased
                       rent.
           5.6.2    Prospective adjustment
                    An adjustment in monthly payment shall be effective the first
                    day of the second month following the date an error is found if
                    the error was not the fault of the Family and the corrected
                    determination results in increased rent.
           5.6.3    Authority errors
                    BBHA will not calculate retroactive increases if an income
                    change was reported in a timely manner with sufficient
                    verification provided and the Authority failed to make the
                    appropriate adjustment. The term "error" does not include an
                    estimate or projection of Adjusted Income due to fluctuations or
                    lack of information which is made in accordance with this Policy,
                    but which turns out to be inaccurate.
     5.7   Procedure for Reexamination
           5.7.1    Personal Declaration
                    The Head of Household shall complete a Personal Declaration
                    form, and any additional forms required, prior to the
                    reexamination, and shall provide the information required for
                    BBHA to determine family composition and Annual Income.
           5.7.2    Notice of Changes
                    At least thirty (30) days prior to the Anniversary date of the
                    Agreement or the effective date of any changes in monthly
                    payments, the Family will be notified in writing concerning their
                    eligibility status, any changes in monthly payments, and any
                    amounts owing as a result of mistake or inaction on the part of
                    the Family.
           5.7.3    False information
                    Upon determination by the Authority that data supplied by the
                    Family is false, misleading, or contains a material omission, the
                    Authority may terminate the Agreement or adjust the Required
                    Monthly Payment retroactively.
     5.8   Failure to Report Income Changes
           If it is found at the time of reexamination or otherwise that the family
           failed to report changes in family circumstances as they occurred and that
           such changes would have required the Family to pay a higher monthly
           payment, the Authority shall collect the increased payment, including any
           accrued late charges, retroactive to the first of the month in which the
           changes occurred. Unless the Executive Director approves a Payment
           Agreement, as specified below, the amount shall be due and payable thirty



                               Effective July 1, 2006
22                                        BBHA Policies – Housing Management


           (30) days from the date of the notice to the Family specifying the amount
           owed.
     5.9   Failure to Report with Extenuating Circumstances
           The BBHA may allow a Family who has failed to report income changes,
           to enter into a Payment Agreement under the following circumstances:
           a. The failure to report income changes was not an intentional
              misrepresentation of income;
           b. The family does not have the funds available to repay the debt; and,
           c. The debt is greater that the Family's gross monthly income.


6.   Leasing Process
     A Homeownership Occupancy Agreement must be entered into between BBHA
     and each Homebuyer. A Rental Agreement must be entered into between BBHA
     and each Tenant. The Agreements shall be kept current and reflect the
     obligations of Homebuyer, participant family and BBHA.
     6.1   Execution of the Agreement
           The Head of Household and Spouse, if any, both of which are considered
           Homebuyers or Renters throughout this Policy, and the authorized BBHA
           representative, shall execute the Agreement prior to taking possession of
           the housing unit. A copy of the Agreement shall be given to the
           participant family and the original shall be filed in the permanent record
           folder established for the Family.
     6.2   Participant Family change
           If for any reason one of two original signers ceases to be an occupant,
           BBHA may require execution of a new Agreement by the remaining
           signer, and, where feasible, execution of a relinquishment by the absent
           signer. BBHA may also require amendment of the Agreement to reflect a
           change in the Head of Household, in order to accurately represent the
           interest and identity of the Homebuyer and any Spouse. The "Spouse"
           must be an adult family member who agrees to the terms of the
           Agreement.
     6.3   Amendments to Agreement
           If the BBHA desires to change, amend or waive any provision of the
           Agreement with respect to any individual or group of homebuyers or
           tenants, an appropriate addendum or amendment shall be prepared,
           signed by the family and BBHA's representative, and attached to and
           made part of the Agreement.
     6.4   Termination of Homebuyer or Rental Agreement
           Termination of the Agreement shall be in accordance with the terms of
           the Agreement and applicable law. For terminations due to nonpayment
           or financial ineligibility, BBHA has established specific procedures in
           Section 9. The general termination procedure for breach of the
           Agreement for other reasons is stated below.


                                Effective July 1, 2006
BBHA Policies – Housing Management                                                    23


           6.4.1    Notice of breach
                    When a breach of the Agreement has been identified, BBHA
                    shall discuss the noncompliance with the Homebuyer or Tenant
                    as well as providing the family with written notification
                    identifying the breach, and giving the Homebuyer or Tenant an
                    opportunity to identify any extenuating circumstances, and an
                    opportunity to enter into a plan of action to correct the breach.
                    If requested by the Homebuyer or Tenant, a plan of action shall
                    be agreed upon specifying how the homebuyer or tenant will
                    come into compliance, as well as any actions by BBHA that may
                    be appropriate and a deadline for the plan’s completion. The
                    plan of action will be signed by the BBHA representative and the
                    Homebuyer or Tenant.
           6.4.2    Notice of termination
                    If the homebuyer or tenant fails to enter into a plan of action, or
                    fails or refuses to comply with the plan of action, BBHA will
                    issue a Notice of Termination, as provided in Section 10. The
                    Notice shall state the reasons for the termination, and will
                    provide the family with an opportunity to file a grievance
                    according to the Authority’s Grievance Policy. BBHA may
                    require the Homebuyer or Tenant to attend a mandatory
                    conference to discuss the noncompliance with the plan of action.
           6.4.3    Notice to vacate
                    If the Agreement terminates as a result of the family’s failure to
                    cure the noncompliance after Notice of Termination, BBHA will
                    issue a Notice to Vacate, as provided in Section 10.
     6.5   Incurable breaches of Agreement or Rental Agreement
           Certain breaches of the Agreement are of a nature so serious and
           damaging to the project environment that BBHA is not required to offer a
           plan of action to the Homebuyer or Tenant prior to termination. These
           include, but are not limited to, the following:
           a. felonious criminal activity, such as drug-related criminal activity and
              crimes involving the abuse of minors;
           b. violent criminal activity, such as assault, use or threats of physical or
              deadly force; use, discharge, or assaultive display of weapons in and
              around the development; or threats of violence against BBHA
              personnel.
           BBHA's maintenance of insurance to cover the kinds of risk areas
           described above shall in no way limit its right to take reasonable action to
           protect the project environment, neighboring families, and BBHA
           property.
     6.6   “One Strike and You’re Out”
           Although the BBHA generally provides families with several opportunities
           to correct behaviors and actions that are in violation of their tenancies, all
           individuals have the right to live in peace and be free from fear,
           intimidation, and violence in BBHA housing. This is why the Bristol Bay

                                 Effective July 1, 2006
24                                        BBHA Policies – Housing Management


           Housing Authority (BBHA) has adopted a “One Strike You’re Out” policy
           towards criminals and their families. Under this policy:
           a. any serious criminal offense that threatens the well-being of the public
              housing community or illegal drug-related activity committed by any
              member of the tenants household may result in the tenants eviction
           b. alcohol abuse will be subject to the same action if BBHA determines
              that such abuse interferes with the health, safety, or right to peaceful
              enjoyment of the premises by other tenants.
           c. arrest and conviction are not necessary to trigger eviction. Evictions
              are civil, not criminal matters. BBHA does not have to meet the
              criminal standard of “proof beyond a reasonable doubt” in eviction
              proceedings. This does not mean that tenants can be evicted only on
              the basis of a suspicion that they have engaged in prohibited activity.
           d. If the BBHA settles an eviction case on the condition that a disruptive
              household member moves away (1) the individual thereafter will be
              considered a trespasser at the housing project and (2) the entire
              household will be subject to eviction if the individual comes back.
           e. Lease terminations and evictions will be preceded by notice and an
              opportunity for a hearing. Prior to the hearing the BBHA must
              provide the tenant with a chance to examine any relevant documents,
              records, or regulations directly related to the termination or eviction.
              This includes all criminal records that are the basis for termination or
              eviction.
     6.7   Payment of Required Monthly Payments
           All monthly payments shall be made according to the procedures stated in
           the BBHA Collection Policy.
     6.8   Principal Residency Requirement
           Throughout the term of the Agreement, Homebuyers and Tenants must
           use the home as their principal place of residence. Ownership or use of
           another residence is prohibited, unless it is a secondary home necessary
           for the family's livelihood or for cultural preservation, and it is not
           another BBHA home. Any income derived from or as a result of the use of
           the home must be reported and included in Annual Income.
           6.8.1    Exception for Out-of-Town Employment
                    Notwithstanding the foregoing, Homebuyers and Tenants need
                    not use the home as their principal place of residence if it is
                    necessary to leave the area for out-of-town employment. If it is
                    necessary for Homebuyers and Tenants to leave the area for out-
                    of-town employment, they must do the following:
                    (a) Notify BBHA that they intend to leave the home before
                        leaving;
                    (b) Be current in their monthly payments to BBHA or have a
                        Payback Agreement in place with BBHA before leaving the
                        home, and remain current in monthly payments and any
                        Payback Agreement;


                                Effective July 1, 2006
BBHA Policies – Housing Management                                                   25


                   (c) Within 45 days, and as such other times as BBHA may
                       request, provide BBHA with the name, address and
                       telephone number of their employer, and written verification
                       from their employer that they are actually employed;
                   (d) Continually maintain the home in good working order and
                       take action to prevent the pipes from freezing; and
                   (e) If they sublease the home they must follow BBHA’s
                       subleasing policy, keep the home in a good state of repair,
                       and remain current in their monthly payments to BBHA.
           6.8.2   Abandonment
                   (a) A family's absence from the home for a period exceeding
                       thirty (30) days without prior notice to and approval from
                       BBHA; or a family's absence which exceeds seven (7) days
                       but is shorter than thirty (30) days, combined with failure to
                       pay and failure to take appropriate steps to safeguard the
                       home, may be deemed abandonment by BBHA, justifying
                       immediate termination and repossession without court
                       action.
                   (b) Personal property removed from an abandoned unit will be
                       stored for a period of not less than thirty (30) days.
                       Immediately upon storage of the property, the family will be
                       notified by certified letter. If the letter is returned a notice
                       will be placed in the local newspaper. If the property is not
                       claimed during the thirty-day storage period, it will be
                       disposed of at the discretion of the BBHA.
     6.9   Homebuyer Sublease of Mutual Help Unit
           6.9.1   General requirements
                   Homebuyers are allowed to sublease their Mutual Help units
                   and must follow the policies outlined below prior to the BBHA’s
                   approval of the sublease request. The Homebuyer will be
                   provided a copy of sublease procedures and is responsible for
                   understanding and complying with the policies governing the
                   subleases of Mutual Help homes. The IHA will provide the
                   Homebuyer with such counseling services as may be available to
                   assist the Homebuyer in understanding his/her obligations (as
                   they relate to the IHA); however, the ultimate responsibility for
                   compliance rests with the Homebuyer.
           6.9.2   Justification
                   To be eligible for subleasing, a homebuyer must be vacating the
                   home for one of the following reasons:
                   (a) Special educational opportunity that is not available in the
                       Homebuyer's area for the head of household or spouse.
                   (b) Extraordinary circumstances that would cause a temporary
                       move to be of significant benefit to the family, such as
                       medical reasons or temporary duty in the military.
                   (c) Economic reasons such as unemployment or out-of-town job
                       opportunities.

                               Effective July 1, 2006
26                                 BBHA Policies – Housing Management


     6.9.3   Non-compliance with Agreement
             If a Homebuyer is in non-compliance with the MHOA, his/her
             request for permission to sublease the unit will be not
             considered for approval, except:
             (a) When the Homebuyer evidences compliance with a plan of
                 action to cure his/her breach of the MHOA; or
             (b) In the event the BBHA determines that an emergency exists
                 which warrants such consideration and the Homebuyer
                 executes a Plan of Action with the BBHA to cure the breach.
     6.9.4   Term of the Sublease.
             The term of the sublease shall be mutually agreed-upon by the
             parties. The Homebuyer must request and receive approval
             from BBHA to extend the sublease.
     6.9.5   Sublease Request and Agreement.
             (a) A Homebuyer must submit a written request to the BBHA for
                 approval of the sublease at least 30 days prior to the date
                 such sublease is intended to begin.
             (b) In addition to the terms and conditions of the Sublease
                 Agreement (as specified by the BBHA), the Homebuyer shall
                 be responsible for all the obligations and responsibilities of a
                 Landlord in a sublease under Alaska's landlord and tenant
                 laws.
             (c) After execution by the Homebuyer and Sublessee, a copy of
                 the Sublease Agreement must be submitted to the IHA with
                 10 days of execution.
     6.9.6   Required Monthly Payment.
             (a) The Required Monthly Payment will continue to be based on
                 the Homebuyer's family income in accordance with the
                 Agreement, although the Homebuyer is not residing in the
                 unit.
             (b) The Homebuyer remains obligated to ensure that the
                 Required Monthly Payments are made in a timely manner.
                 Failure by the Homebuyer to make Required Monthly
                 Payments in accordance with the BBHA’s Collection Policy
                 may result in termination of the Agreement.
             (c) Sublessee payments can be made either to the family or to
                 the BBHA (preferred).
     6.9.7   Other Homebuyer Obligations.
             The BBHA’s approval of the sublease waives the Homebuyer's
             obligation to reside in the unit for a specified period; however, it
             does not waive any other provisions of the Agreement, such as:
             (a) Obligation to maintain the unit in a decent, safe, and sanitary
                 manner. Should the unit be determined uninhabitable by fire
                 or other damage, the Homebuyer shall immediately notify
                 the BBHA. Although the Homebuyer is absent from the unit


                         Effective July 1, 2006
BBHA Policies – Housing Management                                                27


                      during the sublease term, this does not relieve the
                      Homebuyer from this obligation; therefore, the Homebuyer
                      should communicate with the Sublessee on this
                      responsibility.
                  (b) Obligation to ensure that the BBHA has the right to inspect
                      the premises with at least five-day notification to Sublessee.
                      The annual inspections will continue to be completed
                      annually. The BBHA shall send a copy of the inspection
                      report to the homebuyer and the Sublessee. If a plan of action
                      is warranted to correct any identified deficiencies, the
                      homebuyer will execute the plan and correction of the
                      deficiencies will be the responsibility of the homebuyer.
                  (c) Obligation to ensure that the utilities are being maintained.
                      Failure by the Homebuyer to maintain the utilities that may
                      adversely affect the condition of the premises will result in
                      the BBHA taking required actions to restore these utilities
                      and charge the cost to the Homebuyer.
          6.9.8   Security Deposit.
                  (a) The Homebuyer may obtain from the Sublessee a security
                      deposit or prepaid rent in an amount or value not to exceed
                      two months of the monthly lease amount.
                  (b) Upon termination of the sublease, property or money held by
                      the Homebuyer as prepaid rent or as a security deposit may
                      be applied by the Homebuyer to the payment of accrued rent
                      and the amount of damages that the Homebuyer has suffered
                      by reason of the Sublessee's noncompliance with the sublease
                      agreement or applicable law, excluding normal wear and
                      tear.
                  (c) Any retention of property or money held by the Homebuyer
                      as prepaid rent or as a security deposit shall be in accordance
                      with Alaska Statutes 34.03.070.
          6.9.9   Termination of the Sublease.
                  (a) The BBHA has the authority to terminate the Agreement if
                      the Homebuyer fails to comply with its terms and conditions.
                      If an act which, if committed by the Homebuyer, would be
                      grounds for termination of the Agreement, is committed
                      instead by the Sublessee, it also shall be grounds for
                      terminating the Homebuyer's Agreement if not corrected by
                      the Homebuyer immediately and to the satisfaction of BBHA.
                      This correction could include, by way of example,
                      termination of the sublease and repair of any damages for
                      which the Sublessee is responsible.
                  (b) The sublease shall provide that, in the event the BBHA
                      terminates the Agreement due to the homebuyer's failure to
                      comply with the Agreement, the sublease or applicable law,
                      the BBHA shall be entitled to terminate the sublease on
                      behalf of the Homebuyer upon proper notice to the Sublessee
                      by the BBHA or the Homebuyer.


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28                                         BBHA Policies – Housing Management


                     (c) The Homebuyer can terminate the Sublease Agreement by
                         providing a 30-day written notification to the Sublessee,
                         which shall also state the reason for the termination. The
                         Homebuyer shall be required to notify the BBHA of the
                         termination and provide to the BBHA with a copy of the
                         termination notice.
                     (d) The Sublessee can terminate the sublease agreement by a
                         written 30-day notice to the Homebuyer. The Homebuyer
                         shall be required to notify the BBHA of this action within 14
                         days of the notice.
                     (e) In the event the sublease is terminated by the Homebuyer
                         and the Homebuyer wishes to sublease the unit to a new
                         Sublessee, the Homebuyer must follow the same sublease
                         request procedures for a subsequent sublease agreement in
                         obtaining BBHA approval.
     6.10   Business Use of Home
            The Homebuyer or Tenant may operate a small business in the dwelling
            unit, subject to approval from BBHA, if the Family provides written
            assurances of the conditions stated below. Permission may be rescinded
            upon violation of these conditions:
            a. The dwelling unit will remain the Family’s principal residence.
            b. The business activity will not disrupt the basic residential nature of
               the housing site and neighborhood.
            c. The business will not require permanent structural changes to the
               dwelling unit that could adversely affect a future Family’s use of the
               dwelling unit.
            d. The Family has a current business license and liability insurance, as
               applicable.
            e. The activity does not violate zoning codes, project covenants and/or
               homeowner association rules.
     6.11   Structural Modifications (Homeownership only)
            6.11.1   Limitations
                     A Homebuyer may not make any structural changes in or
                     additions to the dwelling unit unless the BBHA has determined
                     that such change will not:
                     (a) impair the value of the home, the surrounding homes, or the
                         project as a whole;
                     (b) affect the use of the home for residential purposes; or
                     (c) violate any Federal, State or local building code requirements
                         as to construction and/or design.
            6.11.2   Homebuyer expense
                     Any changes made in accordance with this section shall be at the
                     Homebuyer's expense, and in the event of termination of the
                     Agreement, the Homebuyer shall not be entitled to any


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BBHA Policies – Housing Management                                                    29


                     compensation for such alterations, additions, or improvements,
                     which automatically become the property of the Housing
                     Authority. The Homebuyer must verify available resources to
                     complete the proposed project. Homebuyer’s shall be
                     authorized to use up to $5,000 of their MEPA funds, over the life
                     of their tenancy, for modernization of their home.
            6.11.3   No liens
                     The Homebuyer shall not permit any liens or liabilities to
                     encumber the unit, including mechanics or suppliers liens. In
                     the event Homebuyer breaches this requirement, BBHA may
                     take any reasonable action to protect itself, the home and the
                     land from encumbrances and liability.
            6.11.4   Procedure
                     A Homebuyer who wishes to make any structural changes in or
                     additions to the home must provide a written request, with plans
                     and/or specifications, to the Authority for written approval prior
                     to beginning any modifications. The Homebuyer shall specify the
                     time anticipated to make the improvement, and shall make all
                     diligent efforts to complete the work within the time specified.
                     Failure to complete the work, if it results in damage to or
                     devaluation of the home, may constitute grounds for termination
                     of the Agreement.
     6.12   Pets
            Under special circumstances pets may be allowed in certain housing units,
            for example seeing-eye dogs or limited pet ownership in elderly
            complexes. However under no circumstances will ferrets or other pets
            that are determined hazardous to either the property or other residents be
            permitted.


7.   Inspections
     BBHA shall conduct inspections of each unit in accordance with BBHA
     Inspection Standards. All families are required under the Agreements to
     participate in pre-occupancy, post occupancy, periodic, pre-move out and final
     move out inspections.
     7.1    Special Inspections
            BBHA has the right to make inspections of the unit with prior notification
            to the Homebuyer if BBHA is informed that the interior and exterior of
            the unit may not be maintained in a decent, safe, and/or sanitary
            condition. Prior notification will be in written form notifying the
            Homebuyer with at least 72 hours notice. No notice will be required in
            the event of an emergency situation that may result in serious damage to
            the unit or that may jeopardize the safety of the family.
     7.2    Move-in Inspection.
            Prior to or at the move in, the family and a representative of BBHA will
            conduct a move-in inspection. This inspection is performed to document


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30                                        BBHA Policies – Housing Management


           the condition of the unit. The move-in inspection will be used to
           document the family’s file and will be used for future reference, should
           the family or BBHA terminate the Agreement.
     7.3   Annual Inspections.
           The family and/or his/her representative along with a BBHA
           representative will conduct an annual inspection of the unit. The interior
           and exterior inspection will be conducted to ensure that the unit is being
           maintained in decent, safe, and sanitary condition. The inspection also
           will provide BBHA with an insight for referral of the family to BBHA’s
           staff when a maintenance plan of action is required to correct identified
           deficiencies.
     7.4   Move-Out Inspection.
           The move-out inspection documents the condition of the unit at the time
           BBHA regains possession of the unit and will be conducted using the
           standards in the BBHA Inspection Standards. Any items needing
           repair/replacement or cleaning will be documented for the file. Any
           maintenance and replacement costs incurred by the BBHA to prepare the
           unit for the next occupant will be charged to the family.


8. Conveyances and Conversions
     8.1   Opportunity to Purchase (Mutual Help Program)
           The Mutual Help Homeownership program provides eligible Homebuyers
           with an option to purchase the home. Until the purchase option is
           exercised, the Homebuyer is a lessee with a contingent option to purchase
           the home, as well as the underlying land where BBHA owns the land in fee
           simple.
     8.2   Purchase Price Schedule
           When the Homebuyer enters the program, a Purchase Price Schedule will
           be provided, containing the following information:
           a. The Initial Purchase Price or Subsequent Purchase Price for the size of
              home and for the applicable project;
           b. The amount by which the Purchase Price drops each month, and the
              price for the Homebuyer to exercise the Purchase Option in any given
              month over the term of the Agreement, which shall be not less than 15
              or more than 25 years;
           c. Where BBHA has used a constructive interest rate to compute the
              declining Purchase Price, the interest rate used;
           d. The approximate date on which the Purchase Price is zero.
           8.2.1    Initial purchase price
                    For a new project, and for the original Homebuyer, the Initial
                    Purchase Price is determined by the Construction Contract Cost
                    and the size and type of home being purchased.




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BBHA Policies – Housing Management                                                    31


           8.2.2    Subsequent purchase price
                    BBHA will determine the Subsequent Purchase Price by using
                    the greater of the remaining purchase price of the home as listed
                    on the original Purchase Price Schedule as of the date the new
                    homebuyer is admitted or $20,000.
           8.2.3    Starting place on schedule
                    In addition to the Subsequent Purchase Price, BBHA shall
                    determine the number of years over which the Purchase Price
                    schedule shall decline from the Subsequent Purchase price to
                    zero, and specify the starting point on the schedule for the
                    subsequent Homebuyer.
     8.3   Eligibility to purchase
           BBHA may delay conveyance of the home if the family has failed to
           comply with all obligations under the Agreement, including the obligation
           to make Required Monthly Payments, and the obligation to occupy the
           home as their principal residence. If the homebuyer has a payment
           delinquency at the end of the amortization period of less than the
           jurisdictional amount of small claims court, the BBHA may permanently
           convey the premises to the homebuyer and seek to recover the
           indebtedness from the homebuyer in small claims court.
     8.4   Initiation of Process
           Either the Homebuyer or BBHA may initiate the process for conveyance.
           8.4.1    General
                    In general, BBHA will initiate the process for conveyance when
                    the balance of a participant's reserve accounts and MEPA
                    approximates the Purchase Price of the unit. BBHA may, but is
                    not required to, notify the Homebuyer when the balances of the
                    Homebuyer's reserves and accounts equal the purchase price of
                    the home.
           8.4.2    Homebuyer
                    The Homebuyer initiates the process by exercising the option.
                    Exercising the Option is an offer to make a lump sum payment
                    of any remaining balance of the Purchase Price after reserves
                    and accounts are applied, plus any closing or settlement costs,
                    either through cash or financing.
           8.4.3    Confirming reserves and accounts
                    BBHA shall determine the amount of the Homebuyers' reserves
                    and accounts in response to a request from the Homebuyer or to
                    determine whether BBHA should counsel or notify the
                    Homebuyer concerning exercise of the purchase option.
           8.4.4    Confirming site control
                    Before conveyance, BBHA shall research site control and
                    determine whether the home is located on land owned in fee
                    simple by BBHA, or is leased or restricted land. The Housing


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32                                        BBHA Policies – Housing Management


                    Authority shall determine the correct legal description of the
                    land for use in all conveyance documents.
     8.5   Post-conveyance Responsibilities
           The Homebuyer will be counseled or advised in writing that once
           conveyance of title is transferred to the Homebuyer, the Homebuyer
           becomes wholly responsible for all costs, liabilities and responsibilities
           associated with ownership, including but not limited to insurance
           coverage of the home, property taxes, and utilities. The Homebuyer
           should take these costs into consideration as future responsibilities.
     8.6   Interim Responsibilities
           After exercise of the option, but before title is conveyed, the Homebuyer
           shall continue to be responsible for the payment of the Administration
           Charge until the Settlement Date. BBHA will continue to maintain
           insurance coverage of the home until conveyance documents are
           recorded.
     8.7   Closing Costs
           In addition to the payment of the balance of the purchase price schedule,
           the Homebuyer pays all settlement costs incidental to acquiring
           ownership. These costs may include:
           a. Title examination and title insurance inspections;
           b. Deed preparation fees;
           c. Closing, recording or transfer fees associated with title;
           d. Any financing, escrow, and similar costs associated with outside
              financing, if any.
           8.7.1    Use of reserves and accounts
                    The Homebuyer may use any of the accounts or reserves
                    available for payment of settlement costs, or the Homebuyer's
                    own funds. If the Homebuyer's accounts/reserves will be used
                    to pay off the home, the following charges will be paid from the
                    Monthly Equity Payments Accounts (MEPA), Voluntary Equity
                    Payments Account (VEPA), and MH Reserves, in the order
                    listed;
                    (a) Initial payment of fire and extended coverage insurance (if
                        home is being purchased through BBHA financing);
                    (b) Settlement costs, unless the Homebuyer uses other funds or
                        financing to cover such costs;
                    (c) Purchase price balance.
           8.7.2    Title insurance
                    Title insurance shall be required for all conveyances, and the
                    cost shall be included in the closing costs of the conveyance.




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BBHA Policies – Housing Management                                                   33


     8.8   Transfer of Title
           8.8.1    Deed
                    Transfer of title shall be by Quitclaim or Warranty Deed from
                    BBHA to the Homebuyer or Homebuyers who signed the
                    Agreement. In the event of any dispute over eligible transferees,
                    the conveyance will be delayed until such dispute is resolved.
                    Conveyance may be made to the Estate of a deceased
                    Homebuyer, in appropriate situations.
           8.8.2    Conveyance package
                    (a) BBHA shall coordinate with the Homebuyer in preparation of
                        the deed and other documents comprising the conveyance
                        package. The parties will also coordinate with the title
                        company. In general, BBHA’s legal counsel prior to the
                        transfer of the property will review the conveyance package;
                        however, such review is solely for the protection of BBHA.
                    (b) The Conveyance documents shall be adequate to convey
                        BBHA's interest in the home to the Homebuyer. The deed
                        shall adequately describe the property. Documents
                        appropriate for transferring any BBHA possessory interest in
                        leased land, or land in restricted status, shall be prepared.
                        Settlement documents shall also provide for a full and final
                        release of claims, obligations and liabilities between BBHA
                        and the Homebuyer, and for release of the Agreement. The
                        Homebuyer may be required to sign a "Property Disclosure
                        Statement" waiver under state law.
           8.8.3    Settlement/Closing
                    Closing will generally occur at the Housing Authority or title
                    company office, and may be performed by mail.
           8.8.4    Post-settlement recording and reporting
                    (a) To ensure proper conveyance of record, BBHA may record
                        the Deed at the appropriate Recorder's office, at the
                        Homebuyer's expense. Other arrangements for recording
                        and deed transfer may be made through qualified entities,
                        such as title or escrow companies, provided that BBHA's
                        interest is adequately protected.
                    (b) BBHA will report the conveyance to the Anchorage ONAP
                        through the next Indian Housing Plan. BBHA will notify its
                        insurance carrier or risk pool company that the unit has been
                        paid off and provide the date of recorded transfer, so that
                        BBHA's cost of coverage will terminate.
     8.9   Disposition of Proceeds
           After conveyance of the property, the funds from the sale shall be placed
           in BBHA's reserve account and shall be used for low-income housing
           purposes.




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34                                         BBHA Policies – Housing Management


     8.10   Conveyance of Homes on Leased or Restricted Land
            Many of BBHA's Homeownership homes are located on leased land.
            Conveyance of homes located on land not owned by BBHA shall follow the
            regular procedure, with the following additional steps:
            8.10.1   Notification
                     BBHA shall notify the Homebuyer in writing that the conveyance
                     covers the building, only, and that the Homebuyer will not be
                     receiving fee ownership of the land from BBHA.
            8.10.2 Additional or modified documentation
                     In the event the Quitclaim or Warranty Deed (or other special
                     deed BBHA uses for the transaction) is insufficient to legally
                     convey BBHA's leasehold interest in the land, BBHA will
                     prepare, execute and record document(s) sufficient to assign
                     BBHA's rights in the land to the Homebuyer. Counsel for the
                     housing authority and the Homebuyer may review such
                     documents, if any. If assignment is prohibited or inadvisable,
                     BBHA shall advise the Homebuyer.
            8.10.3 Homebuyer's assumption of lease responsibilities
                     The Homebuyer shall agree in writing to comply with all land
                     lease obligations, as appropriate. The Homebuyer may be
                     required to indemnify BBHA for any breach of the lease, if
                     BBHA is not fully discharged from responsibility under the lease.
            8.10.4 Land leased to BBHA
                     Conveyance of homes located on land owned by the Homebuyer,
                     and leased to BBHA, shall follow the regular procedure, except
                     that BBHA may require additional documentation to show
                     termination of the original lease. Legal counsel, ONAP, and BIA
                     approvals and signatures shall be obtained as necessary or
                     appropriate.
     8.11   Homebuyers in arrears
            If a Homebuyer owes money to BBHA at the end of the Agreement term,
            BBHA may refuse conveyance until the debt is paid and take any action
            against the Homebuyer as authorized by the Agreement, or proceed with
            conveyance and sue the homebuyer for the debt in small claims court or
            another court with jurisdiction over the matter.
     8.12   Conversion from Homeownership to Low Rent (37 Act Only)
            Homebuyer families may suffer a permanent loss of homeownership
            potential, due to a variety of reasons beyond their control, including loss
            of ability to maintain the home and inability to meet the cost of
            homebuyer responsibilities. The Housing Authority may agree to convert
            the home in place to the Low Rent program, subject to the following
            conditions and procedures.
            8.12.1   Financial feasibility analysis
                     All conversions are subject to a financial feasibility analysis. The


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BBHA Policies – Housing Management                                                  35


                     Authority will determine the potential impact a conversion will
                     have on the Authority. No conversion will be approved unless it
                     can be found that the impact will be minimal. For example,
                     having a single rental unit in a village may be impractical.
                     Conversion may be declined, or delayed until additional units
                     are available for conversion or are developed for Low Rent.
            8.12.2   Condition of home
                     The home must be brought into acceptable condition prior to
                     conversion, including repair of all damages, exterior and interior
                     painting if not performed in the past two years; replacement of
                     missing or non-working appliances, and any other work required
                     by the Housing Authority.
            8.12.3   Cost of work and delinquencies
                     The Homebuyer shall be responsible for all costs of bringing the
                     home into compliance. MEPA funds may be applied to this cost.
                     The Homebuyer may be required to enter into a Payment
                     Agreement to cover any arrearage.
            8.12.4 Accounts and reserves
                     Any balance remaining in the MEPA shall be applied first to any
                     delinquencies, then to repair/maintenance work, then to the
                     Security Deposit for the new Low Rent Lease, with any
                     remainder paid to the Homebuyer. Reserve accounts associated
                     with the unit shall be applied in the manner determined by
                     ONAP or BBHA
     8.13   Conversion from Low-rent to Homeownership (37 Act Only)
            In the event the family regains the potential to qualify for
            Homeownership participation, as defined by BBHA's Homeownership
            eligibility standards, the Tenant may apply to the Housing Authority for
            conversion to Homeownership, provided that not less than 3 years have
            elapsed since the conversion to Low-Rent and the family has established a
            track record sufficient to ascertain Homeownership eligibility.


9.   Collections
     The proper operation of the Homeownership and Rental programs depends on
     the money generated by Family payments. BBHA's policy is to take diligent
     action to collect past-due payments, in a manner consistent with the goals of the
     program and the individual circumstances of each family. As used in this policy,
     the terms "Homebuyers", “Tenants” and “Families” refer to the person(s) who
     signed the Agreement.
     9.1    Amount of Required Monthly Payment and Security Deposit
            9.1.1    Monthly Payment
                     Each Family will be informed of the amount of payment
                     required, and the method used to determine what he/she will
                     pay. All families will make a minimum payment of Twenty-five
                     Dollars ($25.00) per month. The BBHA will ensure the Family

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36                                        BBHA Policies – Housing Management


                    is aware of the obligation to make payments in accordance with
                    the Agreement. Payments will be made to the Bristol Bay
                    Housing Authority monthly (on the first of the month), semi-
                    annually or annually depending on the Family’s source and
                    frequency of income and the depending on the terms of the
                    Agreement with the BBHA. Recognizing the sporadic and
                    unpredictable income patterns in rural Alaska, the Bristol Bay
                    Housing Authority will be flexible in adjusting the method of
                    payment to match the Family’s needs as much as practicable.
           9.1.2    Security Deposit
                   (a) All families participating in any BBHA rental housing
                       program shall be required to pay a Security Deposit on or
                       before entering into a Rental Agreement. The amount of the
                       Security Deposit shall be the greater of one month’s rent or
                       $250.00, unless otherwise prohibited by the regulations.
                   (b) In the event that an inspection reveals substantial and
                       deliberate damage to a unit in excess value of the existing
                       security deposit, upon renewal of the lease, either annual,
                       semi-annual or month-to-month, the amount of the security
                       deposit may be increased to include the value of the repairs
                       indicated in the last inspection, in addition to the greater of
                       one month’s rent or $250. Such increased security deposit
                       shall remain during the period of tenancy of that resident, at
                       the discretion of BBHA management.
     9.2   Inability to Make Full Payment Due to Hardship
           Although payments are calculated to be affordable, financial hardships
           can arise, such as death of a family member or loss of a job, where the
           Family despite best efforts is unable to make full payment on the due
           date.
           9.2.1    Conditions
                    BBHA's policy is to reasonably accommodate families suffering
                    financial hardship, provided that the hardship is of a temporary
                    nature, the Family complies fully with all other requirements of
                    the Agreement, and the Family communicates the problem to
                    BBHA in a timely manner.
           9.2.2    Family to provide notice of problem
                   Families with a legitimate and justifiable inability to make the
                   required payment on the due date must contact BBHA:
                   (a) to explain the circumstances,
                   (b) to request and describe the financial extension needed, and
                   (c) to make arrangements for entering into a written Payment
                       Agreement, if the extension is needed for longer than 30
                       days. Partial monthly payments are generally required for
                       Payment Agreements.




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BBHA Policies – Housing Management                                                  37


     9.3   Partial Payment
           Where financial hardship is suffered, Families are required to make
           voluntary partial payments rather than pay nothing. Partial payments
           show the Family's continued commitment to the Agreement. Where
           partial payments are being made, BBHA will temporarily delay
           termination action if the Family's payment history is good, it appears that
           the past-due balance will be repaid in the near future, and the Family is
           complying with all other requirements of the Agreement. If the inability
           to make full payments is expected to exceed 30 days, the Family must
           promptly sign a written Payment Agreement, which states the reason for
           the extension or partial payment and specifies the date or dates on which
           payments will be made.
     9.4   Payment Agreements
           To maximize a Family’s compliance, achieve the goals of the housing
           program, and avoid evictions, families with delinquencies or a pattern of
           late or inconsistent payments must enter into a written plan of action.
           The plan of action is generally documented in a Payment Agreement,
           which specifies the plan for paying the Family’s debt. The following
           policies shall be followed:
           9.4.1    Short term basis only
                    Payment Agreements are made available to Families in
                    recognition of unavoidable or unexpected financial problems,
                    and are intended to be of a temporary and short-term nature.
                    Unless otherwise authorized by signature of the Executive
                    Director or designee, the term of the Payment Agreement shall
                    not exceed twelve months.
           9.4.2    Requirements of payment agreement
                    The Payment Agreement shall provide:
                    (a) Minimum monthly payments shall be 1/12th of the amount
                        owed, or $25.00, whichever is greater. The minimum
                        monthly payment amount may be reduced, in the Authority's
                        discretion, so that the monthly payment plus the Family's
                        Total Tenant Payment does not exceed fifty (50%) percent of
                        the Family's Gross monthly income.
                    (b) The monthly payment shall be set at an amount, which will
                        result in the most prompt possible repayment, and may be
                        higher if the Authority determines that the Homebuyer can
                        afford a higher payment. In no event shall a Payment
                        Agreement exceed three years.
                    (c) Payment Agreements shall be due and payable in the same
                        manner as Required Monthly Payments.
           9.4.3    Signed document
                    The Head(s) of Household must execute payment Agreements,
                    and where the Agreement requires financial commitments from
                    other authorized occupants or family members, those occupants
                    are also required to sign.


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38                                BBHA Policies – Housing Management


     9.4.4   Application of payments
             Payments made by a Family with a Payment Agreement shall be
             made in the following order:
             (a) current Required Monthly Payment
             (b) unpaid Required Monthly Payments or other charges, which
                 are past due and not included in a current Payment
                 Agreement.
             (c) Repayment Agreement
     9.4.5   Breach of payment agreement
             Breach of the Payment Agreement authorizes termination of the
             Payment Agreement at the election of the Authority upon notice
             to the Family. Failure of the Family to make two consecutive
             payments under the Payment Agreement will result in automatic
             termination of the Payment Agreement, without notice to the
             Family. Breach of a Payment Agreement also authorizes
             termination of the Homebuyer or Rental Agreement.
     9.4.6   Reinstatement of payment agreement
             The Authority may reinstate a terminated Payment Agreement
             upon appropriate payment and assurances from the Homebuyer,
             in which case the termination shall not count against the Family
             under the table provided below. After termination of a Payment
             Agreement, the Authority may require the Family to enter into a
             new Payment Agreement.
     9.4.7   Restrictions where payment agreements have failed
             For Families who breached their last Payment Agreement, a
             substantial lump sum payment is required before a new
             Payment Agreement will be accepted. The minimum lump sum
             payment is a percentage of the balance due, determined by the
             following table:


                 Breached Agreements             Down Payment Required

                              1                           25%

                              2                           50%

                              3                           75%

                              4                          100%


             Families who have breached four (4) Payment Agreements
             during the term of their Homebuyer or Rental Agreement must
             pay their balance in full, and are not permitted to enter into
             another Payment Agreement. A lump sum payment will be
             required to correct the balance owed. Only the Executive


                        Effective July 1, 2006
BBHA Policies – Housing Management                                                 39


                    Director, for good cause shown may waive this restriction.
     9.5   Permanent Loss of Eligibility
           Permanent inability to meet the financial requirements of the
           Homeownership, Rental or any other housing program, including the
           Homeownership obligation to timely provide maintenance and
           replacements, results in termination from the program. If BBHA
           determines that a Homeownership Family has permanently lost the
           ability to meet financial requirements through no fault of the Family, the
           Authority may in its discretion counsel the Homebuyer about Low-rent
           conversion, and offer conversion to the Homebuyer as an alternative to
           eviction.
     9.6   Collection of Delinquencies
           BBHA applies the following guidelines in enforcing the financial
           obligations of the Homeownership and Low Rent program in collecting
           delinquent payments:
           9.6.1    Payment due dates
                    Payments are due on the first day of each month, and are late on
                    the 5th day of each month. On the 5th day of the month,
                    families who have missed their payment and who have not
                    signed an approved Payment Agreement covering the breach
                    shall be sent a Reminder Notice. The Reminder Notice shall
                    state that the BBHA intends to terminate the Agreement if the
                    Family does not respond within ten days of the date of the
                    Reminder Notice.
           9.6.2    Issuance of notice of delinquency
                    If after ten days (the 15th of the month) the Family has still not
                    cured the breach or agreed to a written plan of action, BBHA is
                    authorized to send a Notice of Delinquency, which shall state:
                    (a) any requirement by BBHA that the Family execute a Payment
                        Agreement;
                    (b) the Homebuyer's opportunity to receive counseling
                        assistance to assist in resolving the payment problem; and
                    (c) the amount owed.
           9.6.3    Response to notice of delinquency
                    The family must respond to the Notice of Delinquency in
                    accordance with the Notice, by making payment acceptable to
                    BBHA, executing an approved Payment Agreement, or fully
                    securing the debt by wage deduction agreement or other valid
                    method.
           9.6.4    Notice of termination
                    If after an additional 30 days (the 15th day of the second month
                    after the delinquency arose) the family fails to respond to the
                    Notice of Delinquency, BBHA is authorized to send or serve
                    Notice of Termination. Generally, an advisory copy of the
                    Notice will be sent to the applicable Village Council, but such


                                Effective July 1, 2006
40                                        BBHA Policies – Housing Management


                    advisory notice is not required for the Notice to be effective.
                    Unless the family cures the breach, the Agreement will terminate
                    in accordance with the Notice, which shall provide not less than
                    30 days for the family to respond to and cure the breach. The
                    Notice of Termination will convey the following information:
                    (a) the reason for termination;
                    (b) that the family has thirty (30) days, during which the family
                        will be allowed to respond to the Authority, in writing or in
                        person, regarding the reason for termination;
                    (c) that, if responding in person, the family is allowed to be
                        represented or accompanied by a person of his/her choice;
                    (d) that the Authority may advise the local governing body
                        concerning the termination;
                    (e) that if, within thirty (30) days of the date of the Notice of
                        Termination, the family presents to the BBHA assurances or
                        evidence satisfactory to the BBHA, the BBHA may rescind
                        the Notice of Termination; and
                    (f) that unless there is a rescission per above, the lease term and
                        Agreement will terminate on the 30th day after the date of
                        the Notice of Termination.
     9.7   Termination and Notice To Quit
           If the Agreement terminates as a result of the Homebuyers' failure to cure
           the breach and respond to the Notice within the time allowed, BBHA is
           authorized to send final Notice to Quit. Notice to Quit shall direct the
           Homebuyer and household to vacate the home by a specific time and date,
           and shall notify the Homebuyer that the Authority may file a civil action
           in court to obtain eviction.
     9.8   Referral to Legal Counsel
           If the Homebuyer and family fail to vacate the premises after termination
           of the Agreement, the file will be referred to the Housing Authority's
           attorney for appropriate action.
     9.9   Collection of Legal Expenses Incurred in Enforcement
           To the maximum extent feasible, it is BBHA's policy to recover legal
           expenses arising from noncompliance from the household, which
           committed the breach. It is also BBHA's goal to resolve disputes before
           legal action or expense is required. BBHA recognizes that some
           Homebuyers may seek to cure a breach only after attorney expenses or
           court costs have already been incurred. To achieve its goals, BBHA may
           condition any reinstatement upon the Homebuyer sharing the Authority's
           legal expenses, as follows:
           a. Family cures the breach and seeks reinstatement before legal costs are
              incurred, no sharing of legal expense required.
           b. Family cures the breach and seeks reinstatement after the file is
              referred to the attorney, Family shall be responsible for 100% of
              attorney expenses incurred in preparing the file for court action.



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            c. Family cures the breach and seeks reinstatement after court action is
               filed, family shall be responsible for 100% of attorney fees, and 100%
               of BBHA's service and filing costs, including any travel costs required
               for service of process.
            d. If the Family offers to cure after the early stages of the lawsuit, BBHA
               reserves its right to seek the maximum attorney’s fees and costs
               allowed by court rules.
     9.10   Reservation of BBHA rights
            This policy shall not limit BBHA's right to
            a. require additional assurances, reimbursement or payment from the
               Homebuyer as a condition of any reinstatement, settlement, or
               settlement documentation;
            b. require security for the debt owed or agreed to be paid by the family;
            c. reject the Homebuyers' attempted cure or request to cure; or
            d. seek judicial relief.
     9.11   Collection after Move-out
            Following a voluntary move-out, abandonment, or eviction, BBHA will
            make reasonable efforts to collect all past due payments, miscellaneous
            accounts, and any debts arising from damages or non-maintenance, from
            former participant families and responsible residents. Collection action
            may include Small Claims actions, other legal proceedings, referral to a
            collection agency, and judgment execution, including garnishments, as
            determined by the Authority to be consistent with sound financial
            management.
     9.12   Small Claims Action
            At any time a debt is owed, whether before or after move-out, BBHA may
            file Small Claims action against responsible parties in order to collect
            debts owed to the BBHA. The Executive Director may designate a
            representative for purposes of filing Small Claims actions on behalf of the
            BBHA.


10. Maintenance
     Maintenance in BBHA housing is the process of keeping the home, equipment
     and grounds from declining in usefulness and appearance. Per the Indian
     Housing Block Grant program, BBHA is required to formally adopt and make
     available for examination this Maintenance Policy.
     10.1   Definitions
            As used in this Policy, the term "home" includes roofs, attic spaces,
            windows, gutters, walls, gutters, porches, doors, foundations, floors, etc.
            "Equipment" includes utility lines and piping, heating and plumbing
            equipment, pumps and tanks, ranges and refrigerators, and similar
            components. "Grounds" include lawns, roads, sidewalks, drainage, and
            similar physical features surround and part of the property.


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     10.2   Purpose and Objectives
            BBHA's objective is to provide decent, safe and sanitary housing. This
            policy sets the standards for the inspection and maintenance of
            Homeownership units, and is intended to ensure that several objectives
            are achieved:
            a. To keep the home, equipment and grounds from deteriorating and/or
               failing before the end of their useful life.
            b. To remove detected conditions that may lead to injury or accident to
               occupants and others.
            c. To identify potential problems and provide maintenance to prevent
               the need for future emergency maintenance or major structural or
               system failures in and around the home, commonly known as
               "preventive" maintenance.
            d. To perform major repairs or improvements to the home or equipment,
               or the replacement of the item, commonly known as non-routine
               maintenance.
     10.3   Family Responsibilities
            10.3.1   Homebuyer Agreements
                     Homebuyers are responsible, per the Agreement, for all
                     maintenance of the home, including all repairs and
                     replacements, including repairs and replacements necessitated
                     by damage from any cause. The BBHA shall not be obligated to
                     pay for or to provide any maintenance of the home other than
                     the correction of warranty items reported during the applicable
                     warranty period.
            10.3.2   Rental Agreements
                     The BBHA is responsible for providing routine maintenance
                     without charge for all rental-housing units. Tenant families are
                     responsible for the cost of repairing any tenant-caused damage.
            10.3.3 Failure to maintain home
                     (a) Failure of the family to perform the maintenance obligations
                         constitutes a breach of the Agreement. Upon a
                         determination by the Authority that a breach has occurred,
                         the BBHA shall require the family to agree to a specific plan
                         of action to cure the breach and to assure future compliance.
                     (b) If the problem is not remedied within the required time
                         frame set by the BBHA, or if the resident fails to agree to a
                         reasonable plan or fails to carry out the agreed-to plan, the
                         BBHA shall terminate the Agreement.
                     (c) Repeated failure to maintain the home and/or equipment
                         (homebuyers), and/or repeated damage to the home and/or
                         equipment (tenants) is cause for termination of the
                         Agreement and eviction.




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            10.3.4 Hazardous conditions
                     If the condition of the property creates a hazard to the life,
                     health or safety of the occupants, the BBHA shall have the work
                     done, and if a Homebuyer unit, charge the cost thereof to the
                     Homebuyer's MEPA in accordance with the terms of the
                     Agreement. If the Homebuyer has insufficient MEPA balance to
                     cover the cost of the repairs, the resident shall be required to
                     sign a Payment Agreement.
     10.4   Types of Maintenance
            Maintenance is divided into the following categories:
            10.4.1   Routine maintenance
                     Routine maintenance is the day-to-day, ordinary maintenance of
                     structures and equipment that have deteriorated through
                     normal wear and tear. It includes responding to service needs
                     when items are not functioning correctly; making minor repairs
                     to systems and equipment; and replacing component parts of
                     systems and equipment. Examples of routine maintenance
                     include, but are not limited to, the following:
                     (a) replacing furnace filters, fan belts, air cooler pads and other
                         minor mechanical equipment;
                     (b) repairing or replacing hose bibs and water/sewer lines;
                     (c) repairing or replacing electrical outlets, circuit breakers,
                         outlet switch covers, and other minor electrical elements;
                     (d) repairing or replacing locks, door and window hardware,
                         floor tile and vinyl, minor segments of roofing, gutters and
                         siding;
                     (e) replacing thermostats and smoke detector batteries;
                     (f) interior painting.
            10.4.2 Preventive maintenance
                     (a) The preventive maintenance program is the most important
                         activity a Homebuyer performs. If performed properly,
                         preventive maintenance minimizes the need for major
                         corrective maintenance and maintenance expenses. There
                         are two phases to the Preventive Maintenance Program:
                         (1) preventive maintenance inspections, which the
                             Homebuyer shall perform and which BBHA also
                             performs from time to time, and
                         (2) the actual preventive maintenance which is the sole
                             responsibility of the resident.
                     (b) Preventive maintenance requires the family to establish a
                         regular, periodic schedule for the following types of work:
            •   checking fire safety and fire detection equipment (i.e., fire
                extinguishers and smoke alarms)
            •   inspecting, adjusting, cleaning and/or lubricating heating systems and
                equipment, such as furnaces, wood stoves and flues, ranges, hot water


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44                                         BBHA Policies – Housing Management


                heaters, space heaters and refrigerators;
            •   inspecting and repairing plumbing systems and fixtures, including
                caulking around bathtubs, windows and exterior door frames;
            •   inspecting, repairing and replacing worn parts in electrical systems
                and fixtures;
            •   inspecting and repairing roofs, gutters and flashing;
            •   inspecting and re-painting sealed surfaces which protect underlying
                structures and materials;
            •   inspecting for condensation, dampness and rot in wood materials, and
                for rust in metal components, and taking corrective action as needed;
            •   correcting erosion and drainage deficiencies;
            •   fertilizing and cultivating planted areas;
            •   inspecting sewer lines, clean-outs and inspecting and pumping of
                septic system
            •   inspecting and patching paved surfaces inspecting for and controlling
                vermin and pests.
                       (c) Preventive maintenance work is cyclical and can be
                           scheduled during the "off season" of equipment use. For
                           example, heating systems should be inspected, cleaned and
                           repaired during the summer months to ensure that they will
                           be operating smoothly when they are needed in the winter
                           months. Painting should be scheduled during the Spring,
                           and minor preventive maintenance should occur year-round.
            10.4.3 Non-routine maintenance
                     Non-routine (or extraordinary) maintenance is replacement, or
                     improvement of the structure, systems or major equipment.
                     Non-routine maintenance can be further defined as involving
                     substantial expenditure, either planned or caused by unforeseen
                     events (storms, total deterioration of system, abuse, vandalism).
                     Non-routine maintenance can include:
                     • replacing roofs;
                     •   replacing major systems of the home, such as heating or
                         electrical systems;
                     •   replacing major equipment, such as water heaters or
                         appliances;
                     •   replacing water pumps, pressure tanks and wells;
                     •   making major repairs to (or replacing) septic systems or
                         drainfields; and
                     •   painting and/or residing the exterior of the home.
     10.5   Housing Authority Responsibilities
            10.5.1   General inspection requirement
                     The Authority staff performs several types of inspections,
                     including periodic inspections of all homes, as well as move-in,
                     move-out, warranty and special inspections.


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BBHA Policies – Housing Management                                                     45


            10.5.2   Annual inspections
                     The BBHA will perform a cursory inspection of every housing
                     unit once a year. If the cursory inspection reveals that there are
                     maintenance problems, either tenant-caused or otherwise, a
                     follow-up, detailed inspection will be conducted. If at any time it
                     is determined the resident is not in full compliance with all
                     terms of the Agreement, the BBHA may conduct inspections on
                     a more frequent basis.
            10.5.3   Insurance claims
                     Promptly after receipt of notice or after having evidenced a
                     condition that would require a claim to be filed, the Authority
                     shall notify its insurance company.
            10.5.4   BBHA Maintenance Instruction Program
                     (a) BBHA provides instruction programs to train and advise
                         families of their maintenance responsibilities, including the
                         following topics:
            •   Operation of appliances and equipment in the home.
            •   Preventive maintenance programs;
            •   Energy conservation;
            •   Routine maintenance and housekeeping methods.
                     (b) In addition, information will be provided to the resident
                         regarding the availability of additional instructional materials
                         from the following sources:
            •   U.S. Department of HUD (home construction and maintenance)
            •   Indian Health Service (water and sanitation facilities)
            •   schools (home economics, landscaping, adult education)
            •   social service agencies (home economics
            •   utility companies (energy conservation)
            •   appliance manufacturer representatives (warranty and maintenance
                work on new appliances)
            •   fire departments (fire prevention and protection)
     10.6   Maintenance Program
            10.6.1   Inspections
                     (a) Annual inspections of the homes, equipment and grounds
                         will be conducted in accordance with the inspection
                         schedules and procedures established by the Authority.
                         Emergency and special inspections may be conducted at any
                         time. Unless an emergency exists which requires immediate
                         entry, the Authority shall provide reasonable notice to
                         residents of all inspections.
                     (b) During periodic inspections, BBHA staff will complete a
                         "walk-through" of the home, visually noting discrepancies.
                         Where minor deficiencies are noted, the staff person shall
                         confer with the family and provide the necessary instruction

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46                                         BBHA Policies – Housing Management


                         and advice to inform the occupants of the responsibility to
                         correct the deficiencies.
                     (c) Major deficiencies, where noted, will require additional
                         measures to be taken, including a written plan of action and
                         follow-up to ensure that the family takes appropriate steps to
                         correct all deficiencies within a certain period of time.
                     (d) When a deficiency presents an immediate threat to the health
                         and/or safety of the occupants or where the family is
                         incapable of performing the work necessary to correct a
                         deficiency, the BBHA shall have the work done and charge
                         the costs to the family.
                     (e) Where families fail to cooperate in inspections or associated
                         counseling, the BBHA may document the non-cooperation
                         for the file and for follow-up counseling.
            10.6.2 Maintenance requirements
                     (a) BBHA will respond to requests by Homebuyer families for
                         maintenance work only where it has been determined that,
                         unless corrected or serviced immediately, the condition will
                         adversely affect the health or safety of the occupants, or could
                         lead to imminent or irreversible damage or deterioration to
                         the home or equipment. BBHA will respond to all requests
                         by Tenant families for maintenance work.
                     (b) All maintenance work shall be completed using an approved
                         work order and purchase order system.
                     (c) The BBHA will charge the family, and the family shall pay,
                         for the actual costs incurred by the Authority for all
                         Homebuyer maintenance; and for the actual costs incurred
                         for Tenant maintenance if the maintenance is due to tenant-
                         caused damages.


11. Special Requirements for Down Payment
    Assistance Program
     This program provides a loan to BBHA and bank qualified homebuyers for down-
     payment assistance for the purchase of a single-family home in standard
     condition. The purpose of this loan is to enable homebuyers to secure financing
     for a home loan, who otherwise would not qualify due to the lack of sufficient
     down payment funds.
     11.1   Eligibility Requirements
            Down Payment Assistance Loans may be awarded and applied toward the
            purchase of a primary residence under the following conditions:
            a. In addition to eligibility requirements described in this policy,
               applicants for the Down Payment Assistance Program must
               demonstrate that, contingent upon receiving assistance from the tribe,
               they qualify for a home loan from a lending institution, or that
               contingent upon receiving assistance from the tribe, they will be able
               to enter into a sales contract with a seller for the purchase of a home.

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BBHA Policies – Housing Management                                                        47


                 For owner contracts, the applicant’s gross annual household income
                 must:
                 (i)    be adequate to support a mortgage payment, taxes, insurance,
                        and maintenance, and therefore:
                 (ii) be no less than $15,000 per year; and
                 (iii) applicants must not have any past due unpaid debts owed to the
                       tribe.
            b. Applicants will also be required to participate in a tribally-sponsored
               or approved homebuyer education program prior to their selection, to
               obtain information about the home buying process and
               homeownership responsibilities.
            c. Applicants will be pre-screened to determine their ability to qualify for
               financing at the time their application comes to the top of the waiting
               list and prior to approval of any award. Applicants will be given ninety
               days, from the date they are notified of their selection, to provide this
               assurance from the lending institution or seller. If the applicant fails
               to meet the ninety-day deadline, their application will be removed
               from the waiting list.
     11.2   Property Eligibility Requirements
            a. The property must be legally zoned for residential use.
            b. The dwelling must be a site-built home (or other approved
               technology), a modular home, as defined, or a manufactured home.
            c. If the dwelling is a new manufactured home, it must have a minimum
               of 840 square feet of living space, and meet all state and local
               construction and placement specifications for the area in which it will
               be located.
            d. If the dwelling is a pre-owned manufactured home, it must be no
               more than ten (10) years old, and meet the above requirements.
            e. All homes must be in standard condition and meet inspection
               requirements of the lender. In the case of a land sale contract, the
               home and property must meet the inspection requirements. See item
               “G” of the Terms and Conditions below.
            f.   Ineligible properties include, but are not limited to: vacant land and
                 rental or commercial property.
            g. Manufactured homes may be:
                 (i)    placed on land which is owned by the recipient; or
                 (ii)   purchased as a package with land; or
                 (iii) placed on land with a long-term lease; or
                 (iv)   placed in a mobile/manufactured home park with a long-term
                        lease.
            h. The home to be purchased must be of a “moderate design”, which
               means that the home to be acquired must be comparable with respect
               to size, cost and amenities to other homes in the area with the same

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                 number of bedrooms that are offered to sale to buyers at or below the
                 area median income.
     11.3   Terms and Conditions
            a. The maximum amount shall be determined by each tribe
               administering the program. To avoid the cost of management and
               insurance, assistance amounts of less than or equal to $10,000 shall
               be in the form of a grant.
            b. The recipient is encouraged to contribute the maximum amount
               available towards earnest money, closing costs, down payment or
               other purchase costs such as appraisals or inspections.
            c. For assistance amounts greater than $10,000 (if in the form of a loan),
               the recipient must maintain the dwelling as his primary residence for
               a ten-year period upon receipt of the loan. This loan is secured by a
               recorded Payback Agreement, which requires the recipient to repay
               the loan amount if he does not comply with the residency period. If
               the Payback Agreement is violated, the recipient will not be eligible to
               participate in any housing programs administered by the tribe until
               the loan is repaid in full.
            d. For assistance amounts greater than $10,000 (if in the form of a
               loan),the recipient must agree to maintain Homeowner’s Insurance on
               the dwelling, naming the BBHA as a loss payee for up to the amount of
               the down payment assistance, for a minimum of ten years after receipt
               of the loan, or until the loan obligation is satisfied. Insurance
               certificates must be provided to the tribe.
            e. The grant/loan must be used within a specified period of time of
               approval for program participation (purchase commitment within 3
               months), or it will be forfeited to the next applicant on the waiting list
               and the original recipient will have the option to be removed from or
               placed at the end of the waiting list. In the event a purchase
               commitment cannot be entered into within the three month period, a
               time extension may be granted at the discretion of the tribe or the
               BBHA, based upon the circumstances.
            f.   The grant/loan monies will be released to the Title Company or
                 appropriate third party closing BBHA at the time of closing.
            g. If the property transaction is a private land sale contract, the following
               additional conditions apply:
                 (i)    the property must receive a total home inspection, at the
                        applicant’s expense, by a qualified independent certified
                        property inspector;
                 (ii)   the home must be determined to be a “Home in Standard
                        Condition”; and
                 (iii) the recipient must establish an escrow account for monthly
                       payment established for each program under this policy.




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BBHA Policies – Housing Management                                                     49


12. Special Requirements for the Forest View,
    Taiga View and similar LIHTC Projects
     12.1   Initial Occupancy and Certification Of Income
            a. All families occupying low-income residential units must have annual
               incomes (calculated in compliance with Section 8 of the Housing Act
               of 1937, as amended) below limits established under Title 26, U.S.C.
               Section 42 of the Internal Revenue Code (Code).
            b. All assertions of income, exclusions and allowances for low-income
               tenants shall be certified to be correct on Form #9202, “Tenant
               Income Certification Form,” by the tenant on the occasion of the
               initial lease term and annually thereafter.
            c. Supporting documentation that will be maintained in the tenant file
               shall evidence assertions of income, exclusions and allowances.
            d. Prospective tenants shall be informed by the Housing Manager or
               designee that income certification and supporting documentation may
               be reviewed by the Alaska Housing Finance Corporation to ensure
               compliance. The Housing Manager or designee shall verify that
               tenant assertions of income and exclusions are correct and shall note
               this in Part VII of Forms #9202.
            e. All applications shall be evaluated to determine if acceptance of the
               tenant will comply with the 40-60 test before the lease agreement is
               executed so that Forest View will comply with this requirement.
            f.   All lease agreements shall be for greater to or equal to six months in
                 duration, except for transition housing for the homeless, as described
                 in Section 42 of the Code. All high and low- income tenants shall have
                 tenant files that contain a signed copy of lease agreements.
            g. The Housing Manager or designee shall maintain a waiting list for
               low-income families for which a unit is not available. The Housing
               Manager shall comply with Equal Opportunity Laws in notifying
               prospective tenants of vacancies.
            h. The Housing Manager or designee shall ensure that rents charged to
               the Code. Maximum rent shall be determined using the Housing
               Income Limits by Census Area report issued by the Alaska Housing
               Finance Corporation each year.
     12.2   Definitions
            40-60 Test. Forty percent (40%) of the units are set aside for families
            whose gross income is less than or equal to sixty percent (60%) of area
            median gross income.
            Annual Income (HUD Regulation 24 CFR 813.106). The anticipated
            total income from all sources received by the family head and spouse,
            even if temporarily absent, and by each additional member of the family,
            including all net income derived from assets for the 12-month period
            following the effective date of certification of income, exclusive of certain
            types income as described in paragraph C of 24 CFR 813.


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            Elderly family (HUD Regulation 24 CFR 813). Elderly families are
            eligible for allowances in calculating annual income that is used in
            determining eligibility for low-income housing. An elderly family is a
            family whose head or spouse, or sole member, is an Elderly, Disabled or
            Handicapped Person. Elderly persons are at least 62 years old. Disabled
            persons are under a disability as defined under Section 102(7) of the
            Developmental Disabilities Act (42 U.S.C. 6001 (7). Handicapped persons
            have a physical or mental impairment that is expected to be of a long
            continued and indefinite duration that substantially impedes his or her
            ability to live independently, and is of such a nature that such ability could
            be improved by more suitable housing conditions.
            Child Care Expenses (HUD Regulation 24 CFR 813). Eligible families
            take an allowance for childcare expenses in determining annual income.
            Child care expenses are amounts anticipated to be paid by the family for
            the care of children under 13 years of age, during the period for which
            annual income is calculated, but only where such care is necessary to
            enable a family member to be gainfully employed, or to further his or her
            education and only to the extent that such expenses are not otherwise
            reimbursed. The amount deducted shall be reasonable, and when
            childcare expenses are incurred for the purposes of allowing a family
            member to be gainfully employed, the allowance shall not exceed the
            employment income.
     12.3   Apartment Management
            12.3.1   Record keeping and Record Retention:
                     The Housing Manager or designee shall maintain adequate
                     documentation in order to comply with all provisions of the low-
                     income housing program.
            12.3.2   Upkeep of Residential Units
                     (a) The Housing Manager or designee shall ensure that all units
                         comply with all local standards for health and safety and
                         building codes at all times.
                     (b) The Housing Manager or designee shall ensure that there is
                         no qualitative difference in units rented to high and low-
                         income tenants.
                     (c) The Housing Manager or designee shall inform the Alaska
                         Housing finance Corporation and the Internal Revenue
                         Service and maintain adequate supporting documentation
                         regarding capital improvements under Section 42 (d) of the
                         Code that would result in an increase in basis.
                     (d) The Housing Manager or designee shall notify the Alaska
                         Housing Finance Corporation and the Internal Revenue
                         Service and maintain adequate supporting documentation
                         regarding changes in the application fraction, that is, the
                         percentage of the number of units or floor space made
                         available to low-income tenants, to the total number of units
                         or floor space in the complex.




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BBHA Policies – Housing Management                                                   51


            12.3.3   Vacancies and Changes in Tenant Eligibility Status
                     (a) As low-income units become vacant, the Housing Manager or
                         designee shall make reasonable attempts to rent the vacant
                         unit to qualifying residents and while the unit is vacant, no
                         other unit of comparable or smaller size shall be rented to
                         residents not having qualifying income.
                     (b) If the income of a qualifying tenant increases so that the
                         tenant no longer qualifies for low income housing, the
                         Housing Manager or designee shall designate the next
                         available unit of comparable or smaller size for low-income
                         housing.
     12.4   Eviction Policy
            12.4.1   Termination of Lease by Tenant
                     The Tenant must notify the BBHA in writing of his or her
                     intention to vacate the premises. Tenant must give 30 days
                     advance written notice.
            12.4.2   Termination of Lease by BBHA
                     (a) The BBHA may not terminate a Lease Agreement or refuse to
                         renew the same except for good cause, which shall include
                         but not be limited to, Tenant’s serious or repeated violation
                         of the terms and conditions of the lease, Tenant’s violation of
                         applicable Federal, State, or local law, Tenant’s failure to
                         permanently occupy the premises, Tenant’s income
                         increasing above the maximum level allowed by the LIHTC
                         Program, Tenant’s completion of the tenancy period for
                         transitional housing, or for other good cause. Good cause
                         shall include, among other things, Tenant’s failure to pay rent
                         when due, Tenant’s failure to provide truthful and accurate
                         information or proof of income at initial occupancy or at each
                         annual recertification of income, or Tenant becoming
                         ineligible to participate in the Program. To terminate or
                         refuse to renew tenancy, the BBHA must serve a written
                         Notice of Termination of Lease Agreement upon Tenant
                         specifying the grounds for the action at least 30 days before
                         the termination of tenancy. The notice shall clearly state the
                         reasons for the termination and the date by which Tenant
                         must move out of the apartment.
                     (b) Notwithstanding anything in the foregoing to the contrary, if
                         Tenant or someone in Tenant’s control inflicts substantial
                         damage to the premises by deliberately or negligently
                         destroying , defacing, damaging, impairing, or removing part
                         of the premises, the BBHA may deliver a written notice to
                         quit to Tenant under Alaska Stat. 09.45.100—09.45.105
                         specifying the act constituting the breach and specifying that
                         the Lease Agreement will terminate upon a date not less than
                         10 days after service of the notice. For purposes of this
                         paragraph, damage to the premises is “substantial” if the loss,
                         destruction, or defacement of the property attributable to the


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52                                         BBHA Policies – Housing Management


                         deliberate infliction of damage to the premises exceeds $400.
                     (c) Notwithstanding anything in the foregoing to the contrary,
                         the BBHA may terminate the Lease Agreement upon 10 days
                         written notice, when any action or conduct by Tenant or
                         someone under Tenant’s control, adversely affects the health
                         or safety of any tenant, interferes with the right of any tenant
                         to the quiet enjoyment of the premises, creates physical
                         hazards, or if Tenant sells drugs, or engages in any other
                         illicit activity in or about the premises.
                     (d) The Notice to the Tenant under this Section shall:
                        (1) state (i) the nature of the breach or violation of the Lease
                             Agreement or other reason for termination of the tenancy;
                             (ii) in circumstances in which the breach or violation
                             described in (i) of this paragraph may be corrected by
                             Tenant to avoid the termination of the tenancy, the nature
                             of the remedial action to be taken, and the date and time
                             by which the corrective actions must be completed in
                             order to avoid termination of the tenancy; and (iii) the
                             date and time when the tenancy will terminate;
                        (2) direct the Tenant to quit the premises not later than the
                             date and time of the termination of the tenancy; and
                        (3) give notice to Tenant that, if the tenancy terminates and
                             the Tenant continues to occupy the premises, the BBHA
                             may commence a civil action to remove the Tenant and
                             recover possession.
     12.5   Rental Subsidy Program
            12.5.1   Purpose
                     This program provides a temporary rent subsidy to make up the
                     difference between the rent charged by a landlord and what the
                     BBHA resident can afford to pay, as determined by the BBHA.
                     The occupancy aspects of this program are to be as close as
                     possible to a private landlord/tenant relationship so individuals
                     selected agree to live up to that kind of a relationship.
            12.5.2   Eligibility and Selection
                     a. BBHA’s rental eligibility and selection policies apply to this
                        housing program, except that the only eligible applicants will
                        be those whose village of origin provides the subsidy funds
                        for their occupancy, through arrangements with the BBHA.
                     b. In addition, rental assistance may be provided to families
                        who have temporarily vacated a 1937 Act or similar
                        NAHASDA-constructed home for one of the following
                        reasons:
                        (1) Special educational opportunity that is not available in
                            the family’s area for the head-of-household or spouse;
                        (2) Extraordinary circumstances that would cause a
                            temporary move to be of significant benefit to the family,
                            such as medical reasons or temporary duty in the


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BBHA Policies – Housing Management                                                  53


                          military, and/or economic employment reasons.
                      However, this assistance may only be provided if there are
                      budgeted funds available for rental assistance and there are
                      no other applicants needing assistance.
                   c. After selection by the BBHA, the applicant will make all
                      arrangements with the landlord. The landlord has the option
                      to sign or to refuse to sign a rental agreement with the
                      applicant. An applicant who is refused by a landlord will
                      remain in their original position on BBHA’s waiting list.
          12.5.3   Rental Payments
                   a. The rental agreement is between the applicant and the
                      landlord. It will cover the full amount of the monthly rent
                      due and be signed by the applicant.
                   b. The BBHA will temporarily subsidize the applicant family’s
                      rent payment in an amount agreed to by the BBHA. The
                      BBHA will send its part of the payment directly to the
                      landlord each month.
                   c. The payment amounts will remain in effect for the full year
                      unless the resident household’s income declines by 10% or
                      more, in which case the BBHA contribution will increase and
                      the resident’s portion of the rent will be lowered
                      proportionately.
                   d. It is the responsibility of the tenant to conduct their lives and
                      financial situation in such a way as to be able to make their
                      payments as required.
                   e. The BBHA is only responsible for making the partial rental
                      payment each month that it agreed to, directly to the
                      landlord.
          12.5.4   Occupancy Rules
                   a. Once the successful applicant has signed the rental
                      agreement with the landlord, the resident’s occupancy
                      relationship is with the landlord, not the BBHA, and is
                      governed by the provisions of the rental agreement.
                   b. The resident agrees to comply with all provisions of the rental
                      agreement with the landlord. It is the tenant’s responsibility
                      to read, understand and agree to those provisions prior to
                      signing the rental agreement. Although no responsible for
                      occupancy aspects of the tenancy, BBHA staff will provide
                      pre-occupancy counseling and will also provide joint
                      counseling with the landlord to the resident if required by the
                      resident and/or by the landlord.
                   c. The Landlord-Tenant Laws, if any, and the civil and criminal
                      laws of the jurisdiction the housing is located in will govern
                      the tenancy as well.
          12.5.5   Term of Assistance
                   a. BBHA’s assistance will be provided for each selected family
                      for one year. If the resident moves out prior to the end of the

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54                                         BBHA Policies – Housing Management


                        year, assistance for that family will cease upon move-out,
                        unless other arrangement are approved in writing by the
                        BBHA Executive Director.
                     b. If the resident is evicted by the landlord for non-payment or
                        other violations of the rental agreement prior to the end of
                        the year, BBHA’s assistance for that family will cease upon
                        eviction.
            12.5.6   Renewal of Assistance
                     Assistance will be renewed for the successful resident for an
                     additional twelve months if:
                     a. Federal appropriations are adequate and the resident’s
                        village of origin, through its arrangements with the BBHA,
                        provides the next year’s funds from their HUD monies or
                        other funds; and
                     b. The landlord agrees to renew the rental agreement for that
                        tenant family for another year.


13. Special Requirements for the Southwest
    Elders Project
     13.1   Definitions
            Rural Development. The United States Department of Agriculture,
            Rural Development, formerly FmHA, including any successor agencies.
            Principal Parties. Owner (Southwest Elders Home) and the BBHA
            (BBHA).
            BBHA. The Bristol Bay Housing Authority, including employees at the
            BBHA office and project site, engaged in the task of providing
            management of a Rural Development financed MFH project in
            contractual arrangement with the Owner.
            LIHTC. The Low Income Housing Tax Credits Program, including the
            administering agency, Alaska Housing Finance Corporation (“AHFC”)
            and the applicable Land Use Restriction or Regulatory Agreement
            (LURA).
            Limited Partner. The Owner-entity’s limited partner/tax credit
            investor, National Bank of Alaska.
            HOME. The HOME Investments Partnership Program including the
            administering agency, Alaska Housing Finance Corporation (“AHFC”).
            FHLB. The Federal Home Loan Bank of Seattle including its Affordable
            Housing Program (“AHP”).
            Code. The Internal Revenue Code.
            Management Handbook. The Multiple Housing Management
            Handbook, FmHA Instruction 1930-C, published by the United States
            Department of Agriculture, as it may be amended from time to time.



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BBHA Policies – Housing Management                                                   55


     13.2   Requirements
            In performing its duties under the Management Agreement, the BBHA
            shall comply with all relevant requirements of the following:
            13.2.1   Rural Development Requirements
                     Rural Development requirements are specified in the
                     Management Handbook and include preparation of forms and
                     reports in the format of prescribed Rural Development forms
                     and exhibits.
            13.2.2   LIHTC Requirements
                     LIHTC requirements include but are not limited to preparation
                     of forms and reports in the formats required by AHFC and the
                     Limited Partner.
            13.2.3   HOME Requirements
                     HOME requirements include but are not limited to preparation
                     of forms and reports in the formats required by AHFC.
            13.2.4   FHLB Requirements
                     FHLB requirements include but are not limited to preparation of
                     forms and reports in the format prescribed by FHLB.
     13.3   Basic Information
            The Owner will furnish the BBHA with a complete set of "as built" plans
            and specifications and copies of all guarantees and warranties relevant to
            construction, fixtures, and equipment. With the aid of this information
            and inspection by competent personnel, the BBHA will become
            thoroughly familiar with the character, location, construction, layout, plan
            and operation of the project, and especially with the physical plant.
     13.4   Compliance with Governmental Orders
            The BBHA will take such action as may deem necessary to comply
            promptly with any and all governmental orders or other requirements
            affecting the Project, whether imposed by federal, state, county or
            municipal authority, subject, however, to the limitation stated in
            paragraph IV D of the Management Agreement with respect to litigation
            and repairs. Nevertheless, the BBHA shall take no action so long as the
            Owner is contesting, or has affirmed its intention to contest, any such
            order or requirement. The BBHA will notify the Owner in writing of all
            notices of such orders or other requirements, within seventy-two (72)
            hours from the time of their receipt.
     13.5   Nondiscrimination
            In the performance of its obligations under this Agreement, the BBHA
            will comply with the provisions of any Federal, State or local Fair Housing
            law prohibiting discrimination in housing on the grounds of race, color,
            religion, sex, familial status, national origin, or handicap. Other
            nondiscrimination provisions include Title VI of the Civil Rights Act of
            1964 (Public Law 88-352, 78 Stat. 241), Section 504 of the Rehabilitation



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56                                          BBHA Policies – Housing Management


            Act of 1973, and the Age Discrimination Act of 1975, as they relate to the
            Rural Development multi-housing program.
     13.6   Rentals
            a. The BBHA will make preparations for initial rent-up, as described in
               the Management Plan.
            b. The BBHA will follow the tenant selection policy described in the
               Management Plan.
            c. The BBHA will show the premises and available unit to all prospective
               tenants without regard to race, color, national origin, sex, religion,
               familial status, handicap or age; and will provide for reasonable
               accommodation to individuals with handicaps.
            d. The BBHA will take and process all applications for rentals. If an
               application is rejected, the BBHA will inform the applicant in writing
               of the reason for rejection. The rejected application, with the reason
               for rejection noted thereon, will be kept on file until a compliance
               review has been conducted. If the rejection is because of information
               obtained from a credit bureau, the source of the report must be
               revealed to the applicant according to the Fair Credit Reporting Act. A
               current list of qualified applicants will be maintained.
            e. The BBHA will prepare all dwelling leases, parking permits, and will
               execute the same in its name, identified thereon as BBHA for the
               Owner. The terms of all leases will comply with the relevant
               provisions of Rural Development, LIHTC and HOME regulations as
               well as State and local law. Dwelling leases will be in a form approved
               by the Owner, Rural Development, and the State agency.
            f.   The Owner will furnish the BBHA with rent and income report forms
                 required by Rural Development, LIHTC, HOME and FHLB, showing
                 rents as appropriate for dwelling units, other charges for facilities and
                 services, and income data relevant to determinations of tenant
                 eligibility and tenant rents. In no event will the rents and other
                 charges be exceeded.
            g. The BBHA will counsel all prospective tenants regarding eligibility
               and will prepare and verify eligibility certifications and recertification
               in accordance with Rural Development, LIHTC, HOME and FHLB
               requirements.
     13.7   Reports
            The BBHA will furnish information (including occupancy reports) as may
            be requested by the Owner (including Limited Partner), Rural
            Development and/or the Office of Inspector General, LIHTC, HOME and
            FHLB, from time to time with respect to the project's financial, physical,
            or operational condition. The BBHA will also prepare and submit:
                      •   Form FmHA 1944-8                 Tenant Certification
                      •   Form FmHA 1944-29                Project Worksheet for
                          Interest                                        Credit and
                          Rental Assistance



                                  Effective July 1, 2006
BBHA Policies – Housing Management                                                      57


                     •   Form FmHA 1930-7                 Statement of Budget and
                         Cash Flow
            The BBHA will prepare for the Owner’s approval all additional reporting
            forms and data prescribed by Rural Development, LIHTC, HOME and/or
            FHLB affecting the operation and maintenance of the project. The BBHA
            will prepare for the Owner’s approval all monthly (during the first year
            following construction completion, only), quarterly and annual unaudited
            financial reports required by the Limited Partner, and shall provide to the
            project accountant all information required by the accountant for the
            accountant’s preparation of audited annual financial reports (if any) and
            tax returns.
     13.8   Collection of Rents, Security Deposits and Other Receipts
            The BBHA will collect when due all rents, charges, and other amount
            receivable on the Owner's account in connection with the management
            and operation of the Project. Such receipts will be deposited immediately
            in the project's General Operating Account with National Bank of Alaska,
            whose deposits are insured by an agency of the Federal Government. The
            BBHA will collect, deposit, and disburse security deposits, if required, in
            compliance with any State or local laws governing tenant security
            deposits. Security deposits will be deposited by the BBHA in a separate
            account, at a federally insured institution. This account will be carried in
            the Owner’s name and designated of record as “Southwest Elders Home
            Security Deposit Account.”
     13.9   Accounting System
            The BBHA will use a systematic method to record the business
            transactions of the project that appropriately reflects the complexity of
            project operations and the Owner's requirements, in accordance with
            generally accepted accounting principles as prescribed by the project
            accountant. The BBHA may be required to implement and use
            bookkeeping and accounting systems acceptable to Rural Development,
            LIHTC and HOME. The accounts described in the management
            agreement, as a minimum, will be established and regularly maintained
            by the BBHA.
     13.10 Enforcement of Leases
            a. The BBHA will endeavor to ensure full compliance by each tenant
               with the terms of the lease. Voluntary compliance will be emphasized.
               The BBHA, using the services of local social service agencies when
               available, will counsel tenants and make referrals to community
               agencies in cases of financial hardship or other circumstances deemed
               appropriate by the BBHA.
            b. Involuntary termination of tenancies should be avoided to the
               maximum extent consistent with sound management of the Project.
               However, subject to the relevant procedures prescribed in the
               Management Plan, the BBHA may initiate action to terminate any
               tenancy when, in the BBHA's judgment, there is material non-
               compliance with the lease or other good cause as prescribed by Rural
               Development regulations for such termination. The Tenant must be


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58                                        BBHA Policies – Housing Management


              properly notified of his/her right to appeal the proposed action
              according to Rural Development regulations.
           c. Attorney's fees and other necessary costs incurred in connection with
              such actions will be paid out of the General Operating Account as
              Project expenses within the itemized limit of the project budget.
     13.11 Maintenance and Repair
           The BBHA will endeavor to maintain and repair the project in accordance
           with the Management Plan and local codes, and keep it in a condition
           acceptable to the Owner and Rural Development, LIHTC, HOME and
           FHLB at all times. This will include, but is not limited to cleaning,
           painting, decorating, plumbing, carpentry, grounds care, energy
           conservation measures and practices; and such other maintenance and
           repair work as may be necessary, subject to any limitations imposed by
           the Owner in addition to those contained in the management agreement.
           The following policies will apply:
           a. Special attention will be given to preventive maintenance, and to the
              greatest extent feasible, the services of regular maintenance
              employees will be used.
           b. The BBHA will contract with qualified independent contractors
              acceptable to the Owner for the maintenance and repair of
              air-conditioning, heating systems and elevators, and for extraordinary
              repairs beyond the capability of regular maintenance employees. Any
              identity of interest will be identified in accordance with paragraph V B
              of Exhibit B of the Management Handbook.
           c. The BBHA will systematically receive and promptly investigate all
              service requests from tenants, take such action as may be justified,
              and keep records of the same. Emergency requests will be received
              and serviced on a twenty-four (24) hour basis. Serious complaints will
              be reported to the Owner after investigation.
           d. The BBHA will advise the Owner of any cost-effective and adaptable
              energy conservation measures or practices that should be used in the
              project. The BBHA will encourage their use and will assist the Owner
              during any installation of these measures or institution of practices.
     13.12 Utilities and Services
           In accordance with the Owner's Management Plan, the BBHA will make
           arrangements for water, electricity, gas, fuel oil, sewage and trash
           disposal, vermin extermination, decorating, laundry facilities, and
           telephone service.
     13.13 Insurance
           The Owner will inform the BBHA of insurance to be carried with respect
           to the Project and its operations, which at a minimum will include
           worker’s compensation insurance and general liability insurance of at
           least $1,000,000, and the BBHA will cause such insurance to be placed
           and kept in effect at all times. The BBHA will pay premiums out of the
           general operating account, and premiums will be treated as operating
           expenses. All insurance will be placed with companies, on conditions, in


                                Effective July 1, 2006
BBHA Policies – Housing Management                                                  59


          amounts, and with beneficial interests appearing thereon as shall be
          acceptable to the Owner and the Rural Development provided that the
          same will include public liability coverage, with the BBHA designated as
          one of the insured, in amounts acceptable to the BBHA as well as the
          Owner and Rural Development. The BBHA will investigate and furnish
          the Owner with full reports on all accidents, claims, and potential claims
          for damage relating to the Project, and will cooperate with the Owner's
          insurers in connection therewith.
     13.14 Taxes, Fees and Assessments
          The BBHA shall provide for the payment from project funds all taxes,
          assessments, and government fees for the Owner promptly when due and
          payable. The BBHA shall also evaluate local property taxes to determine
          if they bear a fair relationship to the project value and if they do not, at
          the direction of the Owner, appeal such taxes on behalf of the Owner or
          assist the Owner in the appeal, whichever is required by local jurisdiction
          or is appropriate.
     13.15 Employees and/or Services
          The BBHA will employ persons and/or services to perform duties and
          responsibilities at the project site as described in the Management Plan.
          Compensation of such persons and/or services will be paid as a direct
          expense to the project as specified in the Management Plan. The BBHA
          will employ sufficient resources (staff and/or services) within the BBHA's
          operation to fulfill BBHA's obligation to the Owner. BBHA will not
          employ any person as a direct employee of the Partnership/owner.
     13.16 Low-Income Housing Tax Credit Requirements
          In addition to the other provisions contained herein, the BBHA
          acknowledges that the Owner is required to use its best efforts to lease
          one hundred percent (100 %) of the residential housing units in the
          Project (based on ratio of apartment units or floor area of low-income
          units to non-low-income units, whichever is less) to tenants whose
          income and rent levels qualify such apartments for inclusion in
          determining federal low-income housing tax credits (the “Credits”) for the
          Project pursuant to Section 42 of the Code, including the following
          requirements:
          a. The units in the Project must be occupied by individuals or families
             with incomes less than or equal to the income restrictions set forth in
             the LURA as a condition of the LIHTC allocation.
          b. The gross rent (including all utilities, but excluding HUD Section 8 or
             other rental assistance payments) for each housing unit may not
             exceed thirty percent (30%) of the qualifying income level for the
             tenant.
          The following policies shall also apply:
          a. The BBHA shall require each prospective tenant to certify, on the
             Lease application or Lease, the amount of such tenant’s annual family
             income, family size, and any other information required to enable the
             Owner to obtain the credits or otherwise reasonably requested by the
             Owner. The BBHA shall require tenants to certify in writing as to such

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60                                         BBHA Policies – Housing Management


               matters on an annual basis, prior to such time as the information is
               required for reporting purposes.
            b. The BBHA shall from time to time furnish the Owner with a written
               schedule of maximum rents for the apartments that complies with the
               requirements, for the Owner’s (and any lender’s if required) approval.
               Without the Owner’s (or any lender’s, if required) express written
               consent, the BBHA shall not enter into any lease on behalf of the
               Owner at a rental amount exceeding the applicable maximum.
            c. The BBHA shall maintain and preserve all written records of tenant
               family income and size, and any other information necessary to
               comply with the requirements or otherwise reasonably requested by
               the Owner throughout the term of this Agreement, and shall turn all
               such records over to the Owner upon the termination or expiration of
               the Agreement.
            d. If requested by the Owner, the BBHA shall prepare reports of low-
               income leasing and occupancy and other matters related to the
               BBHA’s obligations hereunder and to the operation of the Project in
               form suitable for submission in connection with the credits and in
               compliance with the requirements.
            e. In no event will the BBHA lease a unit to a non-qualified tenant. Each
               and every tenant must meet Rural Development, LIHTC, and FHLB
               requirements.


14. Special Requirements for the MEAL
    Program
     14.1   Mission Statement
            The mission of the BBHA Bristol Bay Housing Authority (BBHA) and
            Marrulut Eniit Assisted Living (MEAL) is to eliminate substandard
            housing conditions through the development of local capacities that will
            provide safe, decent and affordable housing opportunities.
     14.2   Role and Responsibility of Owner and Managing Agent (BBHA)
            a. The BBHA and the Owners shall meet prior to rent-up and set the
               policies, which they feel are important for the well being of the project.
               As the Owners will set all policies and procedures, the carrying out of
               these policies on a day-to-day basis will be the responsibility of the
               BBHA.
            b. All books and records pertaining to the project will be open to the
               Owner or his/her representative during business hours, and we will
               encourage their taking an active interest at all times in regard to all
               areas of the managing of their projects.
            c. Under normal operating procedures, the BBHA will make all decisions
               within reason. These are such things as general maintenance, rent
               collections, etc. Any problem that arises which concerns a tenant
               directly shall be brought to the attention of the Owners prior to a



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                 decision. We feel that in most cases, common sense will dictate
                 whether or not the BBHA should make the decision.
            d. If any questions arise regarding decisions, they will be referred to the
               Owners. The BBHA will obtain approval from the Owners prior to
               approving any repairs, improvements, etc., in excess of $3,000.00.
            e. The BBHA will involve the owner in any key decisions.
            f.   Expenses of the project are defined by budget authority, and will be
                 paid and recorded in accordance with the funding agencies’
                 accounting regulations.
     14.3   Personnel Policies
            a. The BBHA will hire a resident manager and will utilize existing
               project-related personnel and maintenance person. These are part-
               time positions, to the extent allowed by budget authority. They are
               BBHA’s employees, and subject to BBHA’s policies, excluding any
               native preference references. If future need arises, BBHA will
               advertise for additional personnel through the local news media. The
               best-qualified persons will be hired, regardless of race, color, religion,
               sex or national origin. All hiring of personnel will be done to conform
               to the Equal Employment Opportunity Requirements.
            b. Owner will determine the projected staff per project. These staffing
               requirements may be adjusted to accommodate the actual situation of
               the project as evaluated by the BBHA and owner, such as, additional
               staff being hired in the summer to assist with grounds upkeep. The
               salaries for all staff will be governed by the annual budget under the
               proper line item. These salaries would, of course, be adjusted to take
               into consideration the experience, knowledge and longevity, etc., of
               the employee. All wage law requirements will be met.
            c. All personnel of the project shall be trained in the day-to-day duties
               related to their position by the BBHA. The BBHA will hear any
               grievance that an employee has. If a solution can not be agreed upon,
               either party can feel free to take the problem to the Owners. These
               positions are at-will positions, as are all of BBHA’s employees.
            d. The BBHA Personnel Policy shall govern these positions.
     14.4   Plans for Marketing Units
            a. Marketing will be done in accordance with the AFHMP for the project.
               Regardless of occupancy levels, advertising for applicants will be done
               on at least an annual basis. A log of all marketing efforts made by the
               onsite staff or BBHA will be maintained.
            b. During the initial rent-up phase, the Resident Manager, with the
               assistance of the BBHA will make tenant selections in accordance with
               the BBHA’s Resident Selection Policy. If any questions should arise
               concerning eligibility or desirability, the Resident Manager will obtain
               advice from the BBHA.
            c. All apartments will be rented to persons regardless of race, color,
               religion, sex, handicap, familial status, or national origin or


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62                                          BBHA Policies – Housing Management


                 membership in a class such as families with children and Health &
                 Welfare recipients. HUD Fair Housing rules shall apply.
            d. BBHA Housing Manager will certify tenant eligibility prior to initial
               move-in. Thereafter, all tenants will be required to re-certify annually
               on the anniversary date of the move-in. All annual re-certifications
               will be processed in compliance with the funding agencies’ Handbook.
               Re-certifications will also be done if the Resident Manager knows that
               substantial change (either increase or decrease) has occurred in the
               tenant's income or allowances in accordance with the Lease
               Agreement. Each new tenant will be advised of his or her
               responsibility to re-certify at the time of move-in.
     14.5   Fair Housing Instructions
            a. All staff members shall adhere to Fair Housing policy which is to:
               Obey all applicable federal, state and local fair housing laws; refrain
               from discrimination regarding any application for housing on the
               basis of race, color, religion, sex, handicap, familial status, or national
               origin and affirmatively promote fair housing. Governing laws shall
               include the provisions of Title VI of the Civil Rights Act of 1964 (42
               USC 2000d et seq.) and Title VIII of Civil Rights Act of 1968 (42 USC
               3601 et seq.) and The Fair Housing Amendments Act of 1988.
            b. All advertising shall conform to Section 804 (c) of Title VIII of the
               Civil Rights Act of 1968, as amended, which makes it unlawful to
               make, print or publish, or cause to be made, printed, or published any
               notice, statement, or advertisement, with respect to the sale or rental
               of a dwelling, that indicates any preference, limitation, or
               discrimination based on race, color, religion, sex, handicap, familial
               status, or national origin or an intention to make such preference,
               limitation or discrimination.
            c. All signs erected on the project shall contain the Equal Housing
               Opportunity logo and International Symbol of Accessibility logo in a
               size, which is clearly visible. The Fair Housing Poster and the Equal
               Housing Opportunity logotype shall be prominently displayed in the
               rental office. A copy of the approved Affirmative Fair Housing
               Marketing Plan shall be posted in the rental office.
            d. Minority or non-minority persons shall not be limited to a part of the
               housing project on the basis of race. Processing procedures shall be
               uniform for all persons. There shall not be different procedures
               utilized on the basis of race.
            e. Staff shall make positive efforts to provide applicants, especially
               minority applicants, with all assistance and information that they may
               need.
            f.   The marketing efforts shall be monitored to assure the marketing is
                 attracting the desired mix of applicants, particularly those identified
                 as least likely to apply. Marketing strategies shall be adjusted as
                 necessary to attract the desired mix of applicants.




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BBHA Policies – Housing Management                                                   63


     14.6   Rent Collection Policy
            a. As per the Management Agreement, a rental agency account
               designated as “Bristol Bay Housing Authority in trust for Marrulut
               Eniit” will be established. All rental moneys shall be deposited in this
               account as soon as possible after it is received. Rents shall be paid to
               the Resident Manager at the onsite office during the day or evening.
               All payments shall be recorded properly in the rental ledger. No
               provision has been made for after-hour deposits of rent paid by
               tenants; therefore, payments of cash are discouraged. However, cash
               is never refused. Any cash payments received are receipted in and
               deposited daily into the rental agency account.
            b. Pre-payment of rents will be accepted if it is for the convenience of the
               tenant. Partial payments of rent will be accepted only upon approval
               of the BBHA, and only then on a temporary basis, until the tenant has
               his/her affairs in order. Post-dated checks should not be accepted.
            c. All delinquencies on the 10th of the month will be reported to the
               BBHA. If the tenant does not pay the full amount of the rent due by
               the end of the 10th day of the month, the BBHA may collect a fee of
               $10.00 on the 11th day of the month. The BBHA may not terminate
               tenancy for failure to pay late charges. The late charge may be waived
               if extenuating circumstances exist.
            d. No action shall be taken to evict anyone until the BBHA/Owner has
               been notified and attempts have been made to work with the tenant.
               No rent can remain unpaid past the 10th day of the month for which it
               is due. If a tenant has not paid rent by the 5th, and has not made any
               effort or arrangements to pay by the 15th, the BBHA, on behalf of the
               Owners, will start legal eviction procedures as per state statutes.
            e. Checks returned from the bank for insufficient funds will not be re-
               deposited. Tenants will be notified in writing they have 3 days to
               replace the bounced check with a cashiers check, money order or cash,
               including late charge and check fee as per their lease agreement. All
               rent payments, following one returned check, must be made by
               cashiers check, money order or cash, unless extenuating
               circumstances exist.
     14.7   Records and Reports
            a. No tenant will be permitted to occupy a unit until the lease has been
               properly executed, the required deposit and rent payment received
               and all other paperwork completed. BBHA has the resources to have
               the lease translated into a foreign language, if necessary.
            b. A file for each tenant will be maintained at each project and in the
               BBHA's office with all pertinent documents therein. These files will be
               kept for the life of the project. Special care will be taken in tracking
               the first tenant to occupy each unit. The Resident Manager will
               initiate the records of original entry, forwarding the necessary papers
               to the BBHA's office for completion and review. The BBHA will return
               copies as needed to the Resident Manager.




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64                                          BBHA Policies – Housing Management


            c. The BBHA will maintain complete books and records relating to the
               company's financial affairs, and cause such books and records to be
               audited at the end of each fiscal year. The BBHA will furnish to the
               Owners within 90 days after the end of the fiscal year, a copy of the
               audited annual financial statement prepared by an unrelated CPA
               firm, if such is required by the project. The books and records of the
               projects will be available for inspection by the Owners at all
               reasonable times throughout the year.
            d. BBHA will be responsible for seeing that monthly reports as required
               by Financing Agency and Tax Credit agency are filed in a timely
               manner. The monthly reports are prepared in the BBHA's home
               office.
            e. BBHA has offsite storage for computer back up disks. These are
               backed up on a weekly basis.
     14.8   Property Assets Inventory
            A physical inventory of all projects property assets will be made at least
            annually. The physical assets of each project will be recorded in a
            property ledger and reconciled with the physical inventory each fiscal year
            end.
     14.9   Accounting Procedures
            a. BBHA's accounting department will maintain a complete set of books
               and ledgers on each project. All ledgers will be balanced monthly
               prior to the monthly reports being prepared. A cash flow can easily be
               checked at any time.
            b. Beginning in the month of September, the financial status of the
               project will be evaluated. If it is found that the project is struggling for
               cash flow, a new budget will be prepared and submitted on or before
               the 15th of October requesting a rent increase. This budget will detail
               the needs for the proposed rent increase. The tenants will be notified
               on the 1st day of November per the regulations for the required
               comment period and if the BBHA receives permission to proceed with
               the rent increase, all tenants will be notified on the 1st day of
               December with the proper 30 day notice of increase effective January
               1 of the following year. All other budgets will be submitted on or
               before the 15th of November. Budgets are prepared by a combination
               of staff consisting of all bookkeepers, Administrator and Property
               Managers.
     14.10 Tenant - Management Relations
            a. All tenant grievances will be brought to the attention of the BBHA.
               The Resident Manager is encouraged to settle all grievances onsite.
               The BBHA will meet with the tenant if the Resident Manager is unable
               to arrive at a solution.
            b. All tenant requests for eligible repairs must be submitted in writing,
               except in the case of an emergency, and delivered to the Resident
               Manager. Work order forms are always available to the tenant in the
               project laundry room, or they may be obtained from the Resident
               Manager at the project office. The request will be serviced within 72-

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              hours and so noted on the request form. The completed form will be
              kept on file in the BBHA's office.
           c. All tenants, prior to move-in, will be escorted around the project so
              they are familiar with the physical aspects of the property. A thorough
              inspection of the unit will also be done prior to move-in, allowing time
              for the tenant to ask questions as to the proper care and use of the unit
              and fixtures. As previously stated, each new tenant will receive a copy
              of his or her lease and the House Rules for the project. The Resident
              Manager and Tenant will go over the lease and rules in detail, prior to
              move-in, so that future problems and misunderstandings can be
              avoided.
           d. Shortly after move-in, each new tenant is sent a questionnaire, which
              gives the family the opportunity to:
              (1)   report to the BBHA their treatment during the move-in process
                    and the condition of their unit,
              (2)   to ask any questions that have been unanswered and
              (3)   to verify that they received copies of their lease and House
                    Rules.
     14.11 Eviction Procedures and Notice to Quit
           The following is required before a formal eviction is considered:
           a. At least two (2) written non-compliance notices to tenant. One copy
              of each notice must be mailed to the tenant, one copy must be hand
              delivered to an adult at the unit, one copy must be kept onsite in the
              tenant file and one copy must be sent to the BBHA. The notice must
              clearly state what problems exist, what section of the lease or house
              rules have been violated, corrective actions needed and the time frame
              allowed. Unless an urgent or hazardous situation exists, the tenant
              should be given three (3) days to correct the problem.
           b. Every attempt should be made to meet with the tenant to discuss any
              non-compliance notices. We realize that there are at least 2 sides to
              every problem and the tenant's should be heard. The BBHA will
              participate in these meetings at the request of the Resident Manager
              or the tenant, or if the nature of the problem is such, that it would be
              best handled by a representative from the BBHA's office.
           c. If documented violations continue and the BBHA feels that an eviction
              is necessary, a Notice of Intent to Terminate Tenancy will be sent by
              Certified Mail to the tenant from the BBHA's office. This notice will
              state the cause for the termination, the date of termination and that
              the tenant has 10 days in which to request a meeting to discuss the
              termination.
     14.12 Forced Entry Detainer Action
           A tenant cannot be physically removed from the premise for any reason
           until the following process is complete:




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           a. If the tenant refuses to move out after a tenancy has been terminated,
              the BBHA may bring a lawsuit, called a Forced Entry Detainer action,
              to evict the tenant.
           b. A tenant has the right to seek legal counsel and to appear in court and
              state his/her case.
           c. If the court finds in favor of the BBHA, the court will issue a Writ,
              which directs the troopers to remove the tenant within 3 to 10 days.
           The tenant may be required to pay the project's damages and attorneys
           fees as per their lease.
     14.13 Notice To Pay Rent In Full Or Quit Said Premises.
           a. Notices for rent should be served on the morning of the 6th day of the
              month to all tenants who have not signed an accepted Rental
              Delinquency Agreement to pay by the 15th. The original notice must
              be mailed to the tenant, one copy must be hand delivered to an adult
              at the unit (notice should never be left outside or fixed to the door),
              one copy should be kept onsite in the tenant file and one copy should
              be mailed to the BBHA.
           b. Tenants are advised of their right to request a meeting within 10 days
              in the notice.
           c. The Resident Manager is to notify the BBHA of any rents that remain
              unpaid following the three days specified in the notice.
           d. If the BBHA agrees that an eviction for non-payment of rent is in
              order, the Resident Manager will be advised to make an appointment
              with the projects local attorney to proceed with eviction. It is most
              important 3-day notices be completed and served properly as errors
              may result in time delays due to re-serving.
     14.14 Maintenance and Repair Program
           a. Maintenance and grounds upkeep will be handled by the BBHA
              personnel and done as needed. Tenants of the project will be hired if
              additional help is needed in these areas with the BBHA’s approval.
           b. A program of preventative maintenance will be encouraged at all
              times, as preventative maintenance will prove less costly and will
              insure a well cared for project.
           c. Management personnel on a quarterly basis will inspect all units.
              Tenants will be provided with reasonable advance notice of these
              inspections. If the tenants cannot be present during these inspections,
              a team of two persons will be used to complete the inspections. Any
              maintenance or repairs noted at time of inspection will be taken care
              of during the inspection if possible, or in a timely manner. Quarterly
              inspections will also make management aware of possible abuse of the
              unit by the tenant. Proper action to correct these problems will be
              taken at once, by notifying the tenant of any problems and
              re-inspecting the unit.
           d. The BBHA will contract for emergency major repairs (i.e., those not
              included in the annual budget), and the Owner will be advised on


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               these repairs as soon as possible. Any expense over $3000.00 will
               need written approval by the Owners.
            e. The BBHA will maintain individual unit files that contain all
               inspections, work orders and records of all improvements and
               replacements. This provides a complete and permanent record of all
               maintenance in specific units.
     14.15 Annual Recertifications
            The BBHA will notify tenants 90 days in advance of scheduled
            recertification dates. At the same time the Resident Manager will receive
            a copy of the notice sent to the tenant. It is the Resident Manager’s
            responsibility to notify the BBHA if the tenant does not respond to the
            first notice by the indicated response date. The BBHA will send a follow
            up notice to the tenant if they do not respond to the first notice stating the
            rent will increase to market rent the first of the following month. All
            annual recertifications should be signed 30 days prior to the effective
            date.
     14.16 Recertifications
            It is the tenant’s responsibility to report changes in their income and
            allowances according to their lease. If the Resident Manager suspects the
            tenant has failed to report a change which should have been reported, the
            Resident Manager should advise the BBHA and send the tenant an
            Interim Adjustment, Initial Notice. If the tenant fails to meet with the
            Resident Manager within 10 days following receipt of the notice the
            tenant rent will be raised to market rent the first month commencing after
            the end of the 10 day period and they will be sent an Interim Adjustment,
            Termination of Assistance Notice.


15. Special Requirements for Quvularia New
    Stuyahok Senior Apartments
     15.1   Introduction
            This Section applies to the Quvularia Senior Apartments, owned by the
            Bristol Bay-New Stuyahok Development Corporation, and managed by
            the Bristol Bay Housing Authority. The procedures used for the selection
            of residents shall be implemented in compliance with HUD Handbook
            4350.3/Rural Development Handbook 1930-C and all other applicable
            Federal Statutes and regulations.
     15.2   Non-Discrimination
            The Bristol Bay Housing Authority (BBHA) shall comply with all Federal,
            State and Local Fair Housing and Civil Rights laws and with all Equal
            Opportunity requirements in HUD/Rural Development Administrative
            procedures. Fair Housing laws forbid discrimination based on race, color,
            religion, sex, handicap, family status, or national origin. Administrative
            procedures further prohibit discrimination based on certain class
            memberships. These requirements apply to accepting and processing
            applications, selecting residents from among eligible applicants on the


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            waiting list, assigning units, and certifying and recertifying eligibility for
            assistance.
     15.3   Eligibility Requirements for Residents Paying an Assisted Rent
            A household may be eligible for assistance if:
            a. The household's annual income does not exceed the income limit
               applicable to this development.
            b. The composition of the household cannot exceed five persons, based
               on a maximum of 70 square feet of living space (bedroom and living
               room) for each of the first two occupants, and 50 square feet of living
               space for each additional occupant.
            c. The applicant agrees to pay the rent required by the program under
               which the family will receive assistance.
            d. The unit must be the household's ONLY residence.
            e. At the time of admission, the applicant may not be receiving
               assistance on any unit. NOTE: This paragraph prevents tenants from
               receiving assistance for more than one unit at a time. It does not
               prevent a person who is currently receiving assistance from applying
               for an assisted unit in another development.
            g. The applicant must meet any uniform Resident Selection Criteria.
     15.4   Resident Selection Criteria
            a. The following factors will be used to screen applicants for housing:
                (1)   Demonstrated ability to pay rent on time;
                (2)   Prior Landlord references;
                (3)   Acceptable credit references; and
                (4)   Having no felony convictions.
            b. References will be required from present and previous landlord for a
               minimum of six (6) months prior to application. Documented failure
               to make timely rental payments, non-existent rental reference for at
               least six (6) months, or a history of complaints for disturbing the
               safety, security, or right to peaceful enjoyment of other residents may
               be grounds for rejection of the application.
            c. A credit report will be ordered for each adult household member.
               Each applicant's credit history will be reviewed. Review of the credit
               report will include the amounts of outstanding accounts, historical
               status of accounts, and manner of payments. The following items will
               be reviewed:
                (1)   Current address (checked against the application);
                (2)   Place of employment;
                (3)   Credit history;
                (4)   Prior rental history; and
                (5)   Civil & criminal records.


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     15.5   Rejecting Applications
            a. Applicants may be rejected if any of the following apply:
               (1)    Applicant is ineligible.
               (2)    Applicants' income exceeds the appropriate income limits.
               (3)    Application is incomplete or is found to contain false
                      statements.
               (4)    Based on the occupancy standards, the number of proposed
                      occupants exceeds the standard for the unit.
               (5)    Applicant does not meet the screening criteria stated in this
                      policy.
               (6)    History of unjustified and chronic non-payment of rent and/or
                      financial obligations.
               (7)    History of complaints for disturbing the safety, security, or right
                      to peaceful enjoyment of other residents.
               (8)    History of violence or harassment of others.
               (9)    History of violation of the terms of previous rental agreements
                      such as damage to prior unit or failure to maintain a unit in a
                      decent, safe and sanitary manner.
               (10) Unacceptable credit history. No family will be admitted who has
                    an outstanding debt with any publicly funded or subsidized
                    landlord or authority, or to any utility company that would
                    prohibit the family from obtaining utility services. To be
                    considered for eligibility, the family must repay the debt in full
                    or have a current repayment agreement with the landlord.
                    (Debts to private landlords will be considered also, but do not
                    automatically preclude eligibility).
               (11)   Unfavorable prior landlord history.
               (12) Applicant has been convicted of a felony.
               (13) Applicant or a household member has a history of illegal use,
                    illegal manufacture, or illegal distribution of a controlled
                    substance.
            b. If the Resident Manager does not place an applicant on the waiting list
               or immediately process the applicant for admission, the applicant will
               be notified in writing of the rejection and explain in the notice the
               reasons for the rejection and that the applicant has 14 days to respond
               in writing or to request a meeting to discuss the rejection.
            c. All rejected applications and supporting documentation will be
               maintained in a manner, which respects the applicant's right to
               privacy.
     15.6   Income Eligibility Requirements
            An applicant whose annual income exceeds the VERY LOW INCOME
            LIMIT (50% of the area median) is not eligible for admission.



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     15.7   Determining Family Size at Move-In
            a. The BBHA must balance the need to avoid overcrowding with the
               need to make the best use of available space and to avoid unnecessary
               subsidy. To determine the size of the family for eligibility, the BBHA
               shall count:
               (1)    All full-time members of the household.
               (2)    All children anticipated to reside in a unit.
               (3)    Live-in attendants.
            b. The BBHA will not count others who may temporarily reside in the
               household – such as adult children on active military duty,
               permanently institutionalized family members, children who are away
               at school but live with the family during school recesses, or visitors.
     15.8   Processing Steps
            The development shall be rented up and occupancy maintained on a first-
            come, first-served basis according to the waiting list by date and time
            received. All persons wishing to be admitted to a development must
            complete an application. An application must be COMPLETE to be
            considered for occupancy.
                                         Resident Manager
            a. Applicant completes application and submits it to the resident
               manager for review.
            b. Resident manager reviews the application to be sure that it is
               complete. If the application is not complete, the applicant is contacted
               to complete the application. The application will not be dated as
               received until it is completed.
            c. The application is forwarded to the BBHA for final screening.
                                                 BBHA
            a. The completed application is marked with the date and time received.
            b. Following the Resident Selection Criteria, the BBHA screens the
               application. The application is either accepted or rejected.
            c. When an applicant is eligible for assistance and acceptable for
               admission into the development, the applicant is placed on the waiting
               list and then contacted when a unit becomes available.
            d. If an applicant is ineligible for assistance or not acceptable for
               admission into the development, a rejection letter will be sent to the
               household. The rejection letter will state the reasons for the rejection
               and allow the household 14 days to appeal the decision in writing. If a
               review of the rejection is requested, it will be granted and conducted
               by an individual who was not a party to the original decision.
     15.9   Waiting List Management
            a. When it appears that a unit will be available, the waiting list will be
               reviewed to identify the next qualified applicant. Applicants will be
               taken in order from the date and time received.

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            b. In anticipation of future unit availability, the resident manager will
               interview the first 2 or 3 applicants on the waiting list and confirm
               and update all information provided on the application and obtain
               current income, expense and family composition information needed
               to certify the application and obtain current income, expense and
               family composition information needed to certify the applicant's
               eligibility and determine the applicant's portion of the rent.
            c. The applicant will be informed at this time that a final decision on
               eligibility cannot be made until all verifications are complete.
            d. If after two consecutive effects by the resident manager, the applicant
               at the top of the waiting list refuses to be processed, the applicant
               shall be removed from the waiting list and must re-apply for housing.
               The resident manager will continue to the next qualified applicant on
               the list.
            e. The waiting list must be updated every six months and may be closed
               when the average wait for admission is more than a year.
     15.10 Overcrowded Units
            After move-in, if a unit becomes overcrowded because of changes in
            household composition, the BBHA may request that the family move to an
            appropriate sized unit in another development if and when one becomes
            available, or remain in the same unit and pay the HUD/Rural
            Development approved market rent.
     15.11 Management-Tenant Relations
            a. Each tenant will be provided with a copy of the House Rules at the
               time of their move-in. Tenants will be asked to read the House Rules
               and to sign a copy verifying they have read and understood them.
               Violation of House Rules may be cause for termination of the
               Agreement and Eviction.
            b. All tenant grievances will be brought to the attention of the BBHA.
               The Resident Manager is encouraged to settle all grievances
               informally onsite. A representative of the BBHA will meet with the
               tenant if the Resident Manager is unable to arrive at a solution. The
               Grievance Procedures described in this policy shall apply to all formal
               grievances filed as a final resort.


16. Pet Policy
     16.1   General Statement.
            Section 227 of the Housing and Urban Rural Recovery Act of 1983
            provides that no owner or manager of federally-assisted rental housing
            that is designated for the elderly or handicapped may, as a condition of
            tenancy or otherwise, prohibit or prevent tenants of such housing from
            owning or keeping common household pets in their units or restrict or
            discriminate against persons in connection with admission to, or
            continued occupancy of, such housing because they own common
            household pets. This policy establishes that rules for the keeping of pets


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            by all residents of buildings owned or managed by the Bristol Bay
            Housing Authority as required by Section 227. Animals that assist the
            handicapped are excluded from this policy.
     16.2   Definitions.
            Common Household Pet. A domesticated animal, such as a dog, cat,
            bird or fish, that is traditionally kept in the home for pleasure rather than
            commercial purposes. Reptiles, birds of prey and rodents shall not be
            considered common household pets.
            Elderly or Handicapped Family. A family, residing in a building or
            project designated for occupancy by the elderly or handicapped, whose
            head is either 62 or over, handicapped or disabled.
     16.3   Pet Rules.
            a. Inoculations. Dogs and cats shall be required to be inoculated for
               rabies, distemper and parvo virus.
            b. Sanitary Standards.
               (1)     Each pet owner shall be responsible for the proper disposal of
                       pet wastes in a safe and sanitary manner.
               (2)     Pet waste shall be picked up and disposed of by placing in a
                       plastic bag, sealing and depositing in a garbage chute or
                       dumpster.
               (3)     Cat litter shall be changed at least weekly and shall be disposed
                       of as in Paragraph ii., above.
            c. Pet Restraint.
               (1)     All dogs and cats shall be on a leash and kept under control at
                       any time they are in the halls, elevators or common areas of the
                       building; however, pets shall not be permitted at any time in the
                       community rooms or community kitchens.
               (2)     Pets shall not be permitted in the lobbies, laundry rooms or
                       activity rooms, except for ingress and egress to and from the
                       building.
               (3)     Birds shall be confined to an appropriate cage. A bird may be
                       removed from its cage while inside the owner's apartment for
                       the purpose of handling but shall not be generally unrestrained.
            d. Registration. All dogs and cats are to be registered with the Resident
               Manager. The pet owner must register the pet before it is brought onto
               the project premises. The registration shall include:
               (1)     A complete description of the pet, including breed, age, color,
                       height and weight.
               (2)     One (1) color photos of the pet, not less than 3" x 3" in size.
               (3)     A certificate signed by a licensed veterinarian or other health
                       provider stating that the pet;
                     (i)    has received all inoculations specified in Section a., above;



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                     (ii)    has been neutered or spayed if over the following ages:
                               •   male dogs - 8 months
                               •   female dogs - 6 months
                               •   male cats - 10 months
                               •   female cats - 5 months;
                     (iii)   is free from communicable diseases and external parasites
                             (fleas, ticks, etc.).
               (4)      The name, address and phone number of a responsible person
                        who will care for the pet if the pet owner dies, is incapacitated or
                        is otherwise unable to care for the pet. Written certification by
                        the person designated shall accompany the registration.
               (5)      A signed statement by the pet owner that he or she has read the
                        pet rules and agrees to comply with them.
          e. Number of Tenants and Pets.
               (1)      No more than one dog or cat shall be permitted in a household
                        of a resident living in a building designated for the elderly.
               (2)      A resident may have a maximum of two small, caged birds
                        and/or one or more aquariums with fish, not exceeding a total
                        for all aquariums of twenty gallons.
          f.   Pet Size - Dogs.
               The full grown (actual or anticipated) height at the shoulders and
               weight shall not exceed fifteen (15) inches and twenty-five (25)
               pounds, respectively.
          g. Security Deposits.
               (1)      All owners of dogs or cats are required to pay a separate,
                        refundable pet security deposit. The amount of the security
                        deposit shall be established by the Housing Authority and shall
                        not exceed the maximum amount allowable under the federal
                        regulations.
               (2)      The pet security deposit shall be used to pay reasonable
                        expenses directly attributed to the presence of the pet in the
                        project including, but not limited to, the cost of repairs and
                        replacements to, and fumigation of the tenant's dwelling unit.
               (3)      The Housing Authority shall refund the unused portion of the
                        pet deposit, as prescribed by state law when the tenant vacates,
                        or within a reasonable time if the tenant no longer owns or
                        deeps the dog or cat in the unit.
          h. Pet Licensing.
               All dogs shall be currently licensed in accordance with applicable local
               laws and regulations.
          i.   Strays/Visitors.




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               (1)    The care or feeding of animals not registered with the Resident
                      Manager shall be considered keeping a pet without permission
                      and a violation of the Pet Policy.
               (2)    The keeping of pets on a temporary basis for others is not
                      permitted in the building. Pets belonging to visitors of tenants
                      are not permitted in the buildings.
     16.4   Nuisance or Threat to Health or Safety.
            Nothing in this policy shall prohibit the Housing Authority from requiring
            the removal of any pet from a project if the pet's conduct or condition is
            duly determined to constitute a nuisance or threat to the health or safety
            of other occupants of the project or other persons in the community
            where the project is located. Nuisance behavior shall include, but not be
            limited to, noise, unpleasant odors or other objectionable behavior.
     16.5   Denial of Approval.
            The Housing Authority reserves the right to refuse to register a pet if;
            a. the pet is not a common household pet;
            b. the keeping of the pet would violate any applicable house pet rule;
            c. the pet owner fails to provide complete pet registration information;
               or
            d. the Housing Authority reasonably determines, based upon the pet
               owner's past habits and practices, that the pet owner will be unable to
               keep the pet in compliance with the pet rules and other rental
               agreement obligations.
     16.6   Pet Rules Violation Procedures.
            Violation of these pet rules shall be considered violations of the Rental
            Agreement and shall be handled accordingly, including the tenant's right
            to a hearing under the Housing Authority Grievance Procedure.
     16.7   Amending the Pet Policy.
            The Housing Authority may amend the Pet Policy at any time by following
            the procedures established for amending the Admissions and Occupancy
            Policy.


17. Tenant Grievances
     17.1   Right to a Hearing
            Upon filing of a written request as provided herein, a Complainant shall
            be entitled to a hearing before the BBHA Executive Director.
     17.2   Definitions
            Complainant (Grievant). Any tenant or participant in housing
            projects operated by BBHA whose rights, duties, welfare or status are, or
            may be, adversely affected by the Housing Authority's action or failure to
            act, and who files a grievance or complaint with respect to such action or



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            failure to act, after first attempting to resolve the complaint informally
            with the Housing Authority.
            Grievance or complaint. Any dispute with respect to the Housing
            Authority's action or failure to act in accordance with a lease or Mutual
            Help and Occupancy Agreement (MHOA) requirements which affect the
            rights, duties, welfare or status of the Complainant.
     17.3   Procedure Prior to a Hearing
            a. Any grievance or complaint shall be personally presented in writing to
               BBHA's office so that it might be informally discussed and settled
               without a hearing. The grievance or complaint must be signed by the
               Complainant and filed in BBHA's office within ten (10) working days
               of BBHA's action or failure to act which is the basis of the grievance.
            b. The Complainant and BBHA’s Housing Manager will attempt to
               resolve the problem at the time the complaint is presented to BBHA.
            c. Within ten (10) working days, BBHA’s Housing Manager will send a
               letter to the Complainant summarizing the discussion. The letter shall
               specify the names of the participants in the discussion, the date of the
               discussion, the proposed disposition of the complaint and the reasons
               therefore. The letter must advise the Complainant of his or her right to
               a hearing and the procedure herein described by which such a hearing
               before the Executive Director may be obtained.
            d. When BBHA acts to terminate a MHOA, it shall provide Homebuyer
               with a 30-day "Notice of Termination" letter. Such notice shall state
               (a) the reason for termination, (b) that Homebuyer may respond to
               BBHA in writing or in person within 30 days regarding the reason for
               termination and request a hearing before the Executive Director
               within 30 days, (c) that the Homebuyer may be represented by a
               person of his choice, including an attorney or a representative of the
               tribal government, (d) that BBHA will inform the tribal government of
               the termination, (e) that if within 30 days Homebuyer presents
               evidence or assurances satisfactory to BBHA that he or she will cure
               the breach and continue to carry out his or her MHOA obligations
               BBHA may rescind or extend the Notice of Termination, (f) that
               unless there is such a rescission or extension the MHOA shall
               terminate on the 30th day after receipt of the Notice of Termination
               and (2) that BBHA will seek court action to evict Homebuyer from the
               premises.
     17.4   Procedure to Obtain a Hearing
            a. The Complainant shall submit a written request for a hearing to BBHA
               within ten (10) days after receipt of the Housing Manager’s summary
               of the informal discussion and decision of the BBHA.
            b. The written request shall specify:
               (i)    The reasons for the grievance.
               (ii)   The action or relief sought.




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     17.5   Notification to the Executive Director
            A formal hearing before the Executive Director shall be scheduled as
            follows:
            a. The Housing Manager will be notified in writing that a request has
               been made for a formal hearing. The written notice shall include a
               copy of the Complainant's written request for a hearing.
            b. The Executive Director shall send the Complainant written notice as
               to the time, date and place of the hearing within ten (10) working days
               of receipt of a written request for a hearing. The notice shall inform
               the Complainant that the Complainant may (1) at his or her expense
               examine and copy all documents, records and regulations of BBHA
               that are relevant to the hearing, (2) be represented by another person
               of the Complainant's choice at the hearing, (3) ask questions of
               witnesses and have others make statements on the Complainant's
               behalf, and (4) be entitled to receive a written decision from the
               Executive Director.
     17.6   Hearing Prerequisite
            All grievances shall be presented in writing as a condition to a hearing
            under this section. This Grievance Procedure Policy is intended to assist
            in the resolution of complaints by rental and homeownership residents or
            homeowners. It is not intended to provide a forum for an aggrieved party
            to challenge eviction proceedings or the Housing Authority's policies,
            HUD program requirements or regulations, and any hearing requests on
            such issues will be denied.
     17.7   The Hearing
            a. The hearing shall be held before Executive Director.
            b. The Complainant shall be afforded a fair hearing providing the basic
               safeguards of due process which shall include:
               (i)    The opportunity to examine and copy, before the hearing and at
                      the expense of the Complainant, all documents, records and
                      regulations of BBHA that are relevant to the hearing. Any
                      document not made available after request by the Complainant
                      may not be relied upon by BBHA at the hearing.
               (ii)   The right to be represented by counsel or another person chosen
                      as his/her representative.
               (iii) The right to a private hearing unless the Complainant requests a
                     public hearing.
               (iv)   The right to present evidence and arguments in support of
                      his/her complaint, to controvert evidence relied upon by the
                      Housing Authority and to confront and cross-examine all
                      witnesses on whose testimony the Housing Authority relies.
            c. A decision shall be based solely and exclusively upon the facts
               presented at the hearing.




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            d. The Executive Director may render a decision without proceeding
               with the hearing if it determines that the issue has been previously
               decided in another proceeding.
            e. If the Complainant fails to appear at a scheduled hearing, the
               Executive Director may make a determination that the party absent
               has waived his/her right to a hearing. The Complainant shall be
               notified in writing of such determination.
            f.   At the hearing, the Complainant must make a convincing showing of
                 entitlement to the relief sought.
            g. The hearing shall be conducted informally by the Executive Director.
               Oral or documentary evidence pertinent to the facts and issues raised
               by the Complainant may be received without regard to whether that
               evidence would be admissible under the rules of evidence employed in
               judicial proceedings.
     17.8   Decision of the Executive Director
            a. The decision of the Executive Director shall be based solely and
               exclusively on facts presented at the hearing and applicable federal,
               state and tribal law, and regulations.
            b. The Executive Director shall prepare a written decision that shall
               include an explanation of the reasons for the decision within ten (10)
               working days after the hearing. A copy of the decision shall be sent to
               the Complainant. A copy shall be retained in the tenant's or
               participant's file.
            c. The decision of the Executive Director shall be binding on the Housing
               Authority which shall take all actions or refrain from any actions
               necessary to carry out the decision.
     17.9   Appeals from the Executive Director’s Decision
            A decision by the Executive Director in favor of the Housing Authority or
            which denies the relief requested by the Complainant, in whole or in part,
            shall not constitute a waiver of, nor affect in any manner whatsoever, any
            rights the Complainant may have to judicial review in any judicial
            proceedings which thereafter may be brought in the matter.
     17.10 Applicant Grievance Procedures
            Applicants for admission to BBHA-administered housing projects have a
            right to an informal hearing on BBHA's denial of an applicable tribal
            preference or a determination of non-eligibility. If BBHA determines that
            an applicant does not meet the criteria for receiving a federal preference
            or that the applicant is otherwise ineligible for BBHA-administered
            housing, BBHA shall promptly provide the applicant with a written notice
            of its determination. The notice must contain a brief statement of the
            reasons for the determination, and state that the applicant has the right to
            meet with BBHA's Executive Director, or the BBHA official who made the
            determination, if the applicant requests such a hearing within ten (10)
            days of receipt of BBHA's notice. The applicant shall have the right to
            review the records upon which BBHA made its determination.



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                            II. Development

18. Citizen Participation
     The BBHA shall hold one or more public meetings at which comments are
     solicited from potential occupants, residents, local governments, etc., related to
     the proposed sites, project design and scope of modernization work. As far as
     practical, and within the constraints of limited resources, the BBHA shall give
     consideration to public comments before making final decisions.


19. Methods of Development
     19.1   Conventional
            Under the Conventional method of development, the BBHA plans projects
            and prepares drawings and specifications for construction of the number
            of approved dwelling units. After construction of the dwelling units, the
            BBHA shall ensure the contractor has supplied all applicable warranties
            covering any equipment or supplies.
     19.2   Acquisition
            Under the Acquisition method of development, the BBHA purchases
            existing housing units that may require minor repairs or substantial
            rehabilitation.


20. Warranties
     Within 30 days of occupancy, the BBHA shall notify the Homebuyer in writing of
     any applicable contractors', manufacturers', and/or suppliers' warranties.
     Warranties pertain to newly-purchased items covered under a supplier's or
     vendor's warranty. The Homebuyers are also responsible to promptly notify the
     BBHA in writing of any operational defects during the warranty period so that the
     BBHA may enforce any rights under the warranty.


21. The Development Process
     21.1   Defining Real Estate Development
            a. Development is an idea that ends in bricks and mortar. Land, labor,
               capital, management, and entrepreneurship bring that idea to
               fruition, realizing value by providing space over time with certain
               associated services. While the definition of real estate development
               remains simple, the activity grows more and more complex. Today,
               development requires more knowledge than ever before about
               prospective markets and marketing, patterns of urban growth, law,
               local regulations, public policy, conveyances and contracts, elements
               of building design, site development and building techniques,
               financing, controlling risk, and managing time, the project, and assets.



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            b. Greater complexity in real estate development has resulted in more
               specialization. As more affiliated professionals have begun to work
               with developers, the size of the development team has increased and
               the roles of some professionals have changed. Although greater
               complexity generates better-educated developers (educated both in
               book knowledge and hard knocks), it does not change the steps they
               usually follow in the development process (or the personality traits
               that most developers share.)
     21.2   Development Sequence
            Developers follow a sequence of steps from the moment they first get an
            idea to the time when they complete the project and either move the
            tenants in and sell the project or manage it through its life cycle. While
            various observers of the development process may delineate its sequence
            of steps slightly differently, its essence does not vary substantially. This
            text is based on the eight-stage model depicted in this policy. Succeeding
            sections detail all the activities that collectively make up this eight-stage
            model of the development process.
            21.2.1    The Development Process is “Messy”
                      A model like that shown below can freeze the discrete steps and
                      help one understand development, but it cannot capture the
                      constant repositioning that occurs in the developer’s mind or the
                      nearly constant renegotiation between the developer and all the
                      other participants in the process.
            21.2.2    Development Is an Art
                      Development is creative, often very complex, partly logical, and
                      partly intuitive. Studying the components of real estate
                      development can help all players make the most of their chances
                      for success; developers themselves can learn from studying the
                      process. What cannot be taught are two essential ingredients in
                      the successful real estate developer/entrepreneur: creativity and
                      drive.
            21.2.3    Development is a Planning Process
                      At every stage, developers should consider all the remaining
                      stages of the development process. By doing so, they ensure that
                      the development plan and its physical implementation come
                      closest to being optimal over the whole process and, equally
                      important, over the project’s long expected life.


22. The Eight-Stage Model of Development
     22.1   Inception of an Idea
            Developer with background knowledge of the market looks for needs to
            fill, sees possibilities, has a dozen ideas, does quick feasibility tests in his
            head (legal, physical, financial.)




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     22.2   Refinement of the idea
            Developer finds a specific site for the idea; looks for physical feasibility;
            talks with prospective tenants, lenders, partners, professionals; settles on
            a tentative design; options the land if the idea looks good.
     22.3   Feasibility
            Developer commissions formal market study to estimate market
            absorption and capture rates, commissions feasibility study comparing
            estimated value of project to cost, processes plans through government
            agencies.
     22.4   Contract Negotiation
            Developer decides on final design based on what market study says users
            want and will pay for. Contracts are negotiated. Developer gets loan
            commitment in writing, decides on general contractor, decides general
            rent requirements, and gathers permits from local government.
     22.5   Formal Commitment
            Contracts, often contingent on each other, are signed. Developer may
            have all signed at once: joint venture agreement, construction loan
            agreement and permanent loan commitment, construction contract,
            exercise of land purchase option, purchase of insurance, and pre-lease
            agreements.
     22.6   Construction
            Developer switches to formal accounting system, seeking to keep all costs
            within budget. Developer approves any changes suggested by marketing
            people, resolves construction disputes, signs checks, keeps work on
            schedule, and brings in operating people as needed.
     22.7   Completion and Formal Opening
            Developer brings in full-time operating people, increases advertising. City
            approves occupancy, utilities are connected, tenants move in.
            Construction lender is taken out, and permanent loan is closed.
     22.8   Asset and Property Management
            a. Owners oversee property management, including re-leasing; longer-
               term owners oversee reconfiguring, remodeling, remarketing space as
               necessary to extend economic life and enhance performance of asset;
               corporate management of fixed assets and considerations regarding
               investors’ portfolios come into play.
            b. It is a huge mistake to underrate the importance of asset management
               and property management after the project is built or to overlook
               them during design and construction. Operating “smart” buildings
               requires technical competence beyond the general management skills
               that all property managers need. In addition, asset managers need to
               remarket space continually and upgrade or remodel the building
               periodically to keep the space competitive in an evolving market.
               Institutional investors and corporate owners are also keenly aware of
               the periodic need for and cost of major remodeling to prolong the
               economic life of buildings. Careful planning during stages one to

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                seven should enable developers to find ways to minimize the
                frequency and cost of retrofitting buildings. Whether developers
                manage the property for the long term or not, they are responsible for
                considerations involving asset management during the first seven
                stages.
            c. It is also imperative to remember that the development process in
               inherently interdisciplinary. It is not a game that is won by having
               exceptional depth in one particular area, such as electrical design.
               Rather, it is a complex process that demands attention to all the
               different aspects of creating the built environment - political,
               economic, physical, legal, sociological, and so on - as well as good
               management of the interaction.
            d. Finally, U.S. real estate development is global in perspective.
               Financing is increasingly provided by international source, tenants are
               served globally, and international building firms offer the full gamut
               of construction services. Most important, immigration is changing the
               consuming public, which changes the types of cities where people
               want to live. As different ethnic groups settle in U.S. cities, the
               configuration of cities and needs of citizens change. Developers must
               be prepared to respond to those changes.


23. Characterizing Developers
     A. Developers are above all entrepreneurs. They put a product on a site and sell
        it for a profit. An entrepreneur’s willingness to tolerate variability in returns
        (though not necessarily m ore risk from his or her perspective) in pursuit of a
        larger return to equity (both capital and sweat) is an important distinction
        between the entrepreneur and public and private sector professionals who
        simply receive salaries or clock billable hours. This entrepreneurial spirit is
        still essential, even when major corporation and large pension funds take an
        active role in real estate development.
     B. In other preferences and traits, developers may differ strikingly from each
        other, and it is a big mistake to assume that all developers are alike. Some,
        for example, develop only one type of property, such as single-family houses;
        others will develop anything commercial or industrial. Some developers
        carve out a niche in one city and refuse opportunities outside it; others work
        regionally, nationally, or international (although ‘national’ developers, such
        as Trammel Crow Company, often resemble an association of local developers
        doing business together.)


24. Regional Development and Sub-recipient
    Programs
     24.1   General Statement
            24.1.1    Development Program
                      Contingent upon funding and as specified in the Indian Housing
                      Plan, a percentage of all IHBG funds allocated to the Villages


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                     based on “need” shall be placed in a Regional Development Pool
                     that shall be used to develop new housing throughout the Bristol
                     Bay Region. Participating villages shall be given the opportunity
                     to share in the pool funds according to a rating and ranking
                     procedure described in this Policy.
            24.1.2   Sub-recipient Program
                     Contingent upon funding and as specified in the Indian Housing
                     Plan, a percentage of all IHBG funds allocated to the Villages
                     based on “need” shall be used to subsidize Village housing
                     programs. To be eligible, participating tribes must enter into a
                     Memorandum of Agreement with the BBH, the provisions of
                     which shall take precedence over this policy in the event of a
                     conflict. The tribe must also submit a plan to the BBHA
                     specifying how funds will be used. Activities must be eligible
                     activities as defined by the IHBG program, and all funds must be
                     obligated and/or expended by deadlines established by the
                     BBHA.
     24.2   Development Pool Ranking System
            The development pool funds shall be allocated among participating
            villages according to the ranking criteria and weighting below:
                                Factor                                   Points
        Average occupancy rate of existing BBHA homes                      10
        Length of time since last development project                      10
        Relative unmet need*                                               40
        No existing BBHA housing (first project)                           35
        Proposed sites have infrastructure in place                         5
        TOTAL                                                             100


            *Relative unmet need shall be determined as follows, according to the
            information provided in the most recent U.S. Census:




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                                 Factor                                  Weighting
            1. Number of Native households with a housing
                                                                            22%
               cost greater than 50% of annual income
            2. Number of Native households who are
               overcrowded or without kitchen or plumbing                   25%
               facilities
            3. Number of Native households with an annual
                                                                            15%
               income less than 80% of median
            4. Number of Native households with an annual
                                                                            13%
               income less than 30% of median income
            5. Number of Native households with an annual
               income between 30% and 50% of median                          7%
               income
            6. Number of Native households with an annual
               income between 50% and 80% of median                          7%
               income
            7. Total number of Native persons                               11%



     24.3   Development Award Procedure
            a. Each year, participating Villages shall be ranked according to the
               above criteria. The ranking shall be provided to the Villages at the
               Annual Regional Planning Meeting, held in the fall of each year. The
               ranking defines the use of funds for the following year.
            b. Villages without a population base may not be eligible to receive
               development funds.
            c. Housing shall be awarded to the top-ranking Villages according to the
               amount of funds available, and the size of the Villages to receive
               funds, with the following conditions:
               (1) There must be a physical village site that is currently in use,
                   defined as having year-around use by a minimum of 25 residents
                   or an operating school that is recognized by the Alaska
                   Department of Education and operated either by an REAA,
                   Borough or 1st Class City, and
               (2) all housing units built for a village must be located at the village
                   site; and
               (3) all villages must show “need” by having individual housing
                   applications filed with BBHA Housing Management that reflect
                   applicants will use the new home as their primary place of
                   residence, and intend on living in the home on a fulltime basis
                   (with subleases allowable according to the Housing Management
                   Policy); and
               (4) the selected village will have a ninety (90) day application period
                   to have potential residents submit applicants, after which if


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                    insufficient qualified applicants are processed, the next village in
                    line will be moved up to the active position
            d. BBHA and the Village Council of the Village receiving development
               funds will meet to determine discuss financing options, sites, design,
               etc.
            e. Force account labor will be used whenever feasible as determined by
               the BBHA after consulting with the Village Council.
            f.   To minimize design costs, standard BBHA-approved designs shall be
                 used. The families will be allowed to choose between the limited
                 designs available.
     24.4   Administration of Sub-Recipient Awards
            In addition to the requirements described elsewhere in this policy, sub-
            recipients shall be required to follow procedures described below:
            a. The sub-recipient shall submit a Sub-Recipient Plan no later than
               three months prior to the beginning of the fiscal year, or an amended
               Sub-Recipient Plan as necessary, that describes the affordable housing
               activities to be accomplished. If no plan is submitted on or before the
               deadline, tribal funds will be allocated at the discretion of the BBHA.
            b. Sub-recipients shall have two years to obligate and three years to
               expend all funds. The exact deadlines will be determined by the
               BBHA based on overall program deadlines for obligating and
               expending the grant funds. Funds not obligated and/or expended on
               or before the deadlines will be subject to recapture by BBHA and
               added to the regional development pool.
            c. A final report describing the expenditure and obligation of funds shall
               be submitted to the BBHA on or before sixty days after the end of the
               fiscal year.
            d. The sub-recipient shall develop and implement policies and
               procedures that ensure compliance with all program requirements.
            e. The sub-recipient shall maintain sufficient records and support for
               expenditures to allow for independent verification. All records and
               supporting documentation shall be subject to review by independent
               auditors, BBHA staff and contractors, and by ONAP personnel, and
               shall be maintained by the sub-recipient in accordance with BBHA’s
               record retention policies.
            f.   Upon written authorization by the BBHA, a tribe may, at its
                 discretion, use subrecipient funds to perform modernization work on
                 units owned by the BBHA.
     24.5   Wage Rates
            Unless local wage rates have been adopted by the tribe, contracts and
            agreements for construction activities funded with IHBG funds must
            require the implementation of prevailing wage rates under the Davis-
            Bacon Act to be paid to laborers and mechanics employed in the
            development and modernization of affordable housing, subject to the
            exceptions and requirements of 24 C.F.R. 1000.16.


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     24.6   Administrative Requirements
            BBHA and sub-recipients shall comply with the requirements and
            standards of OMB Circular A-87, “Principles for Determining Costs
            Applicable to Grants and Contracts with State, Local and Federally
            recognized Indian Tribal Government,” and with the provisions of 24
            C.F.R. part 85 that are required by 24 C.F.R. 1000.26. Eligible
            administrative and planning expenses of the IHGB program include those
            set out in 24 C.F.R. 1000.236. Under 1000.238 BBHA and sub-recipients
            may use up to 20% of its annual grant amount for administration and
            planning, and shall identify this percentage in its IHP. HUD approval is
            required if a higher percentage is requested.
     24.7   Indian Preference
            a. Pursuant to 24 C.F.R. 1000.48, BBHA recognizes that Indian
               preference requirements under section 7(b) of the Indian Self-
               Determination and Education Assistance Act are applicable to all
               IHBG activities. To the greatest extent feasible, BBHA and sub-
               recipients shall give preference in the award of contracts funded under
               NAHASDA to Indian organizations and Indian-owned economic
               enterprises. To the greatest extent feasible, preference and
               opportunities for training and employment in connection with the
               administration of NAHASDA grants shall be given to Native
               Americans and Alaska Natives. Procurement activities by BBHA shall
               comply with 24 C.F.R. 1000.52. Any complaints arising out of Indian
               preference shall comply with the provisions of 24 C.F.R. 1000.54.
            b. BBHA shall give preference to tribal members of the Native village or
               Indian area if requested by the tribal governing body.
            c. To the greatest extent feasible, BBHA and sub-recipients shall comply
               with section 3 of the HUD Act of 1968, 12 U.S.C. 1701u, and HUD’s
               implementing regulations in 24 C.F.R. part 135, but not in derogation
               of Indian preference requirements. Under 24 C.F.R. 135.3, section 3
               of the 1968 Act applies to construction contracts awarded pursuant to
               HUD general public and housing authority assistance, and housing
               and community development assistance. BBHA should, to the
               greatest extent feasible, provide training, employment, and
               contracting opportunities generated by the expenditure of such HUD
               assistance to low- and very low-income person, particularly those who
               are recipients of government assistance for housing, and to business
               concerns that provide economic opportunities for these persons, or
               that are owned by low- and very low-income persons, or that are
               owned by low- or very low-income persons. The business concern to
               which preference is given should be substantially connected to the
               neighborhood where the project is located. 12 U.S.C. 1701u(d)(B)
               states that, where feasible, priority should be given to business
               concerns that provide economic opportunities for low- and very low-
               income persons residing within the service area of the project or the
               neighborhood in which the project is located. Under 42 U.S.C.
               1437a(b)(2), the term “low-income individual” is defined as a person
               whose annual income does not exceed 80% of the median income for
               the area, and the term “very low-income individual” is defined as one


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               whose annual income does not exceed 50% of the median income for
               the area.
     24.8 Indian Housing Plan
            a. Indian Housing Plans may be submitted to HUD’s Area Office of
               Native American Programs sixty days before the start of each fiscal
               year, and no later than July 1 of each year. If BBHA submits a single
               IHP that covers two or more tribes, the IHP must contain a separate
               certification from each tribe. BBHA may submit amendments of its
               IHP to HUD. Tribal approval of an amendment may be required
               depending on the language of the tribe’s resolution appointing BBHA
               as its TDHE. BBHA should amend its IHP each year to claim the
               IHBG funds of tribes that failed to act prior to September 15 as
               required by 24 C.F.R. 1000.327.
            b. Under 24 C.F.R. 1000.234, HUD’s disapproval of an IHP or any
               modification thereto may be appealed within 30 days of receipt of
               HUD’s decision. BBHA may submit a written request for
               reconsideration to which HUD must respond within 21 days. BBHA
               may appeal any denial of reconsideration to the Assistant Secretary of
               HUD within 21 days. The Assistant Secretary will issue a final agency
               decision within 21 days of receipt of the appeal.
     24.9   Local Cooperation Agreement and Exemption from Taxation
            a. Per 24 C.F.R. 1000.240 if BBHA does not own the assisted housing
               there is no requirement for a Local Cooperation Agreement (LCO) or
               exemption from taxation. Unless waived by ONAP, as specified below,
               when BBHA owns the assisted housing it is required by NAHASDA to
               enter into LCO’s with the governing body of the locality and obtain an
               exemption from taxation. The LCO may include provision for BBHA
               making annual payments of user fees to compensate such
               governments for the costs of providing governmental services,
               including police and fire protection, roads, water and sewage systems,
               utilities systems and related facilities, or payments in lieu of taxes, in
               an amount equal to the greater of $150 per dwelling unit or 10 percent
               of the difference between the shelter rent and the utility cost, or such
               lesser cost as provided by state, local, or tribal law, or is agreed to in
               the LCO. BBHA and the local governing body may agree in the LCO
               that user fees or payments in lieu of taxes shall not be made.
            b. ONAP may waive the requirement to obtain a Local Cooperation
               Agreement if the BBHA has made a good-faith effort but has been
               unsuccessful in obtaining an Agreement, and agrees to make
               payments in lieu of taxes to the appropriate taxing authority in an
               amount consistent with the requirements of the regulations.
     24.10 Affordable Housing Activities
            BBHA and sub-recipients shall use IHBG funds only for affordable
            housing activities as defined in Title II of NAHASDA. IHBG funds may be
            used as matching funds to obtain and leverage funding, including any
            federal or state program, and still be considered an affordable housing
            activity. Affordable housing activities are activities to develop or support
            affordable housing for rental or homeownership, or to provide housing

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           services with respect to affordable housing through the following
           activities:
           24.10.1 Indian Housing Assistance
                    The provision of modernization or operating assistance for
                    housing previously developed or operated pursuant to a contract
                    with HUD.
           24.10.2 Development
                    The acquisition, new construction, reconstruction, or moderate
                    or substantial rehabilitation of affordable housing, which may
                    include real property acquisition, site improvement,
                    development of utilities and utility services, conversion,
                    demolition, financing, administration and planning, and other
                    related activities. BBHA shall adhere to the requirements of 24
                    C.F.R. 1000.156 on the per unit limit on the amount of IHBG
                    funds that may be used for dwelling construction and dwelling
                    equipment.
           24.10.3 Housing Services
                    The provision of housing-related services for affordable housing,
                    such as housing counseling in connection with rental or
                    homeownership assistance, establishment and support of
                    resident organizations and resident management corporations,
                    energy auditing, activities related to the provision of self-
                    sufficiency and other services, and other services related to
                    assisting owners, tenants, contractors, and other entities,
                    participating or seeking to participate in other housing activities
                    assisted with IHBG funds.
           24.10.4 Housing Management Services
                    The provision of management services for affordable housing,
                    including preparation of work specifications, loan processing,
                    inspections, tenant selection, management of tenant-based
                    rental assistance, and management of affordable housing
                    projects.
           24.10.5 Crime Prevention and Safety Activities
                    The provision of safety, security, and law enforcement measures
                    and activities appropriate to protect residents of affordable
                    housing from crime.
           24.10.6 Model Activities
                    Housing activities under model programs that are designed to
                    carry out the purposes of NAHASDA and are specifically
                    approved by HUD as appropriate for such purpose.
     24.11 Current Assisted Stock
           Current Assisted Stock consists of housing units owned or operated
           pursuant to the 1937 Act. This includes all low rent, Mutual Help housing
           units under management as of September 30, 1997. BBHA may demolish



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           or dispose of current assisted stock only as provided in 24 C.F.R.
           1000.134.
     24.12 Insurance
           BBHA shall purchase insurance for all housing units owned or operated
           by it in adequate amounts to indemnify it against loss from fire, weather,
           and liability claims. BBHA and sub-recipients are not required to provide
           insurance on units assisted by grants to families for privately owned
           housing if there is no risk of loss or exposure to BBHA or the sub-
           recipient, or if the assistance is in an amount less than $5,000, unless the
           family is required to repay the assistance to BBHA or the sub-recipient.
           BBHA and the sub-recipients shall require contractors and subcontractors
           to provide insurance covering their activities. BBHA and sub-recipient
           shall comply with the flood insurance requirements of 24 C.F.R. 1000.38.
     24.13 Real Property Acquisition and Relocation
           BBHA and sub-recipients shall follow the relocation and real property
           acquisition regulations set out in 24 C.F.R. 1000.14 in relocating tenants
           and homebuyers and acquiring real property. Under section 702 of
           NAHASDA no lease of restricted allotments or townsite lands shall exceed
           50 years.
     24.14 Cost Limits
           24.14.1 Moderate Design
                    As required by 24 CFR 1000.156, all housing developed,
                    acquired, reconstructed, rehabilitated or assisted using IHBG
                    funds shall be of moderate design. “Moderate design” is defined
                    as housing that is of a size and with amenities consistent with
                    unassisted housing offered for sale in the BBHA’s general
                    geographic area to buyers who are at or below the area’s median
                    income.
           24.14.2 Housing Standards
                    To determine if housing is of a “moderate design” as defined
                    above, BBHA has developed housing standards that reflect the
                    requirements of the IHBG program as described in 24 CFR
                    1000.158. These standards are included as an addendum to this
                    policy.
           24.14.3 Cost Limits
                    Prior to awarding any housing construction contract, or before
                    beginning any construction work using force account, BBHA
                    (and/or its subrecipients) will complete a comparison of the
                    projected cost of developing or acquiring and rehabilitating the
                    affordable housing (including funds from all sources), with the
                    Total Development Cost (TDC) limits as provided by HUD.
                    BBHA shall not, without HUD approval, exceed 112% of the TDC
                    limits, which includes an Alaska-specific 2% amount for energy
                    conservation and infrastructure costs.




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           24.14.4 Non-Dwelling Structures
                    a. Non-dwelling structures constructed, acquired or
                       rehabilitated using IHBG funds shall be of a design, size and
                       with features or amenities that are reasonable and necessary
                       to accomplish the purpose intended by the structure.
                    b. To implement this requirement, BBHA shall document that
                       the non-dwelling structure is of a cost, size, design and with
                       amenities consistent with similarly designed and constructed
                       structures in the BBHA’s general geographic area, on a case-
                       by-case basis.
                    c. If IHBG funds are combined with funds from other sources,
                       the most restrictive cost limitation (considering the
                       requirements of all programs providing funds) shall apply to
                       the entire structure.
     24.15 Environmental Review Requirements
           A HUD environmental review must be completed for any NAHASDA
           assisted activities not excluded from review under 24 C.F.R. 50.19(b)
           before BBHA or a sub-recipient may acquire, rehabilitate, convert, lease,
           repair or construct property, or commit HUD funds. The tribes will
           assume environmental review responsibilities under 24 C.F.R. 1000.20
           and 24 CFR part 58 (except for excluded activities), and no funds will be
           expended until the required environmental review process has been
           completed. The BBHA will assume all administrative responsibilities
           pertaining to environmental reviews.
     24.16 Conflict of Interest
           a. In the procurement of supplies, equipment, other property,
              construction and services by BBHA and sub-recipients with IHBG
              funds the conflict of interest provisions of 24 C.F.R. 85.36 shall apply.
              In all cases not governed thereby, the provisions of 24 C.F.R. 1000.30,
              1000.32, 1000.34, and 1000.36 shall apply.
           b. No person who participates in the decision-making process or who
              gains inside information with regard to NAHASDA assisted activities
              may obtain a personal financial interest or benefit from such
              activities, except for the use of NAHASDA funds to pay salaries or
              other related administrative costs. Such persons include anyone with
              an interest in any contract, subcontract, or agreement or proceeds
              thereunder, either for themselves or others with whom they have
              business or immediate family ties. The term “immediate family”
              means spouse, children, parents, siblings, godparents, grandparents
              and in-laws.
           c. If a person is low-income and selected for assistance, BBHA must
              make a public disclosure of the nature of assistance to be provided and
              the specific basis for the selection of the person. BBHA shall provide
              HUD with a copy of the disclosure before the assistance is provided.
           d. HUD may make an exception to the conflict of interest requirements
              on a case-by-case basis. A determination must be made that the
              exception does not violate applicable state or tribal law. HUD must


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              consider whether undue hardship will result, either to BBHA or the
              person affected, when weighed against the public interest served by
              avoiding the prohibited conflict. BBHA must maintain all records
              regarding exceptions for a period of at least 3 years after an exception
              is made.
     24.17 Prohibitions on use of Debarred, Suspended or Ineligible
           Contractors
           The prohibitions in 24 C.F.R. part 24 on the use of debarred, suspended
           or ineligible contractors apply to NAHASDA-assisted activities. The most
           recent list of such contractors shall be reviewed on the HUD website
           before awarding any contract.
     24.18 Drug Free Workplace Requirements
           BBHA shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C.
           701 et seq.) and HUD’s implementing regulations in 24 C.F.R. part 24, in
           addition to other requirements that BBHA may adopt from time to time.
     24.19 Useful Life of Assisted Housing Unit
           BBHA shall describe in its Indian Housing Plan its determination of the
           useful life of each assisted housing unit. By approving the plan, HUD
           determines the useful life in accordance with NAHASDA. Mutual Help
           homes developed under the 1937 Act are not subject to the useful life
           provisions of NAHASDA.
     24.20 Annual Performance Report; Monitoring Responsibilities
           a. BBHA is responsible for monitoring grant activities, including the
              activities of all sub-recipients. This monitoring shall ensure
              compliance with applicable Federal requirements and shall monitor
              performance goals under the IHP. BBHA will periodically select tribes
              for onsite monitoring. If corrective actions are needed, follow-up will
              be done to ensure program compliance. In addition to onsite reviews,
              BBHA must prepare at least annually: a compliance assessment, a
              performance report covering the assessment of program progress and
              goal attainment under the IHP, and an audit in accordance with the
              Single Audit Act. BBHA’s monitoring should also include an
              evaluation of its performance in accordance with performance
              objectives and measures. BBHA must submit its monitoring
              evaluation results to the appropriate Indian tribes so they can fully
              carry out their oversight responsibilities under NAHASDA.
           b. If BBHA’s monitoring activities identify areas of concern, BBHA will
              take corrective actions which may include but are not limited to the
              following:
              (1)   taking appropriate administrative action to remedy the
                    situation;
              (2)   obtaining technical training from HUD or other entities;
              (3)   revising policies or seeing that they are better enforced;
              (4)   referring the concern to an auditor or HUD for additional
                    corrective action;


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             (5)    in the case of sub-recipients, restricting, withholding or
                    terminating subsidizing of Village activities.
          c. BBHA must make its report publicly available to tribal members, non-
             Indians served under NAHASDA, and other citizens, within 30 days
             before submission of the report to HUD. BBHA shall include a
             summary of any comments received by it or the Indian tribes it serves
             with the report.
     24.21 Program Records
          BBHA and sub-recipient records must be retained for at least 7 years. If
          any litigation, claim, negotiation, audit or other action involving the
          records has been started before the expiration of the 7-year period, the
          records must be retained until completion of the action and resolution of
          all issues which arise from it, or until the end of the regular 7-year period,
          whichever is later. HUD and the Comptroller General shall have the right
          of access to any pertinent books, documents, papers, or other records of
          BBHA and sub-recipients pertinent to NAHASDA assistance, in order to
          make audits, examinations, excerpts, and transcripts. The Federal
          Privacy Act and Freedom of Information Act do not apply to the BBHA or
          sub-recipient records.




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                            III. PERSONNEL

25. Basic Principles
     25.1   Administration
            The Executive Director shall have the primary responsibility of
            enforcement of the provisions and purposes of this personnel policy.
            Authority to hire, rehire, appoint, promote, transfer, demote, suspend,
            and terminate staff personnel shall be vested in the Executive Director.
            The authority to hire, transfer, demote, suspend and terminate the
            Executive Director shall be vested in the Board of Commissioners.
     25.2   Amendment or Waiver
            Amendment or waiver of the provisions of this Policy shall be by Motion
            or Resolution of the Board of Commissioners.
     25.3   At-Will Employees
            All employees shall be at-will employees of BBHA and subject to dismissal
            by the Executive Director without cause and without prior notice at any
            time, unless an employee has a written employment contract with BBHA
            for a specific duration that is approved by the Board of Commissioners.
            Except in the case where an employee has a written employment contract
            with BBHA that specifies an employment period, employment is not
            guaranteed for any specific duration, and neither language contained in
            any BBHA document nor any representation made by a member of
            management--whether orally or in writing--shall be construed as altering
            the at-will nature of employment. Employees with a written employment
            contract shall be subject to dismissal as provided in the contract.
     25.4   Native Preference
            a. BBHA shall, to the greatest extent feasible, give preference to Alaska
               Natives in hiring, training and employment.
            b. Announcements should be disseminated in a manner that assures that
               vacancies are brought to the attention of the maximum reasonable
               number of qualified individuals, with particular emphasis on Alaskan
               Natives.
            c. BBHA shall conform to principles of Indian preference, section (b) of
               the Indian Self-Determination and Education Assistance Act (25
               U.S.C. 450e (b) in hiring, promoting and training.
            d. Except as necessary to comply with Native preference, BBHA, its
               employees and its subcontractors shall not discriminate in
               employment decisions on the basis of race, sex, age, color, ethnic or
               national origin, cultural affiliation, citizenship or religious belief.
            e. If BBHA or any of its subcontractors is unable to fill its employment
               openings after giving full consideration to Alaskan Natives as required
               above, these employment openings may then be filled by other than



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                 Alaskan Natives under the conditions set forth in the Equal
                 Employment Opportunity policy.
            f.   BBHA shall follow the requirements in 24 C.F.R. 1000.54 regarding
                 any complaints arising out of Indian preference.
            Note: The primary factors taken into account in all hiring decisions will
            be the relative ability and merit of all candidates as well as Native
            preference criteria.
     25.5   Nepotism
            To avoid conflicts and the appearance of conflict, BBHA restricts the
            employment of relatives. In order to achieve the overall goals of this
            policy, the Executive Director may treat individuals who share the same
            household, or who are otherwise closely associated, as relatives, despite
            the absence of a blood or marital tie. The direct supervision of members
            of the same immediate household or family, whether related by blood or
            by marriage (including common law), including spouse, mother, father,
            mother-in-law, father-in-law, son, daughter, brother, sister, brother-in-
            law and sister-in-law, shall be prohibited.
     25.6   Employee Conduct
            Rules and regulations regarding employee conduct are essential to the
            efficient operation of BBHA. Listed below are some of BBHA's rules
            regarding prohibited employee conduct. It is in the best interest of
            employees that these rules be strictly enforced. Violations of these rules
            may result in disciplinary action and dismissal. Obviously, BBHA cannot
            list rules to cover every situation, and because of this the absence of an
            illustration from this list does not mean that the employee’s conduct will
            be tolerated.
            The following activities are prohibited:
            a. Stealing from BBHA customers, vendors, fellow employees, applicants
               for homes or rentals, homebuyers, tenants, etc. or any other form of
               dishonesty.,
            b. Giving an applicant "inside information" not available to other
               applicants, or taking any other action that would give an applicant an
               unfair advantage over other applicants in BBHA's selection of a
               homebuyer or tenant.
            c. Disregarding the starting and quitting time for shifts and rest periods.
               Employees must be at their station ready to work when time is called.
               Excessive absenteeism or tardiness is prohibited.
            d. Failure of an employee to notify BBHA that he or she will be absent
               from work, with a reason acceptable to BBHA, or leaving BBHA
               property during working hours without permission.
            e. Altering a time card or attendance sheet, or the unauthorized
               punching of another employee's time card, or altering any other BBHA
               records. Falsification of employment information, applications or
               resumes or any BBHA pre- or post-employment forms, or any other
               records or reports is prohibited.


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           f.   Engaging in disorderly conduct, including fighting, acting in an
                obscene manner or using obscene, abusive, or threatening language,
                or engaging in horseplay.
           g. Smoking in an area when smoking is prohibited.
           h. Defacing or damaging BBHA property.
           i.   Unauthorized possession or use of firearms, fireworks, or any other
                weapon on Company property or while engaged in Company business.
           j.   Soliciting, distributing literature, or conducting unauthorized
                meetings of any kind while on BBHA time or on BBHA property
                during working time, or calling, participating in, or encouraging
                others to call or participate in an illegal slowdown, strike (including
                sympathy strike) or walkout.
           k. Posting notices and/or removing notices and/or tampering with the
              bulletin boards or notices posted on the bulletin boards without
              authorization, or defacing any posted signs or displays.
           l.   Excessive use of BBHA telephones and other office equipment for
                personal matters except in emergency situations, without permission
                from the Department Manager.
           m. Carelessness or inefficient performance of job duties, including the
              failing to maintain proper standards of quality and performance, or
              interfering with the work of other employees.
           n. Disobeying safety regulations, including failure to promptly report
              work-related accident to supervisory personnel.
           o. Insubordination, i.e., failing to follow a proper order of a supervisor or
              manager.
           p. Failing to maintain proper standards of quality control including the
              failure to report incorrect or defective work, mechanical difficulties, or
              impending breakdown of machinery and equipment to supervisory
              personnel.
           q. Failing to accept overtime work as required to meet BBHA and
              department needs.
           r. Unauthorized use of BBHA equipment or vehicles, or failing to take
              proper care of BBHA equipment or vehicles.
           s. Failing to observe "good housekeeping" practices by not cooperating
              in keeping the BBHA facilities clean.
           t.   Failing to observe BBHA security regulations, such as careless use of
                keys, failing to properly secure building upon leaving; and negligence
                related to the use of the computer network, such as improper use of
                passwords.
           u. Failing to maintain the confidentiality or information of BBHA, its
              customers, vendors, and employees, applicants for homes or
              homebuyers.




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     v. Any action whatsoever that tends to destroy good relations between
        BBHA and its employees or between BBHA and any of its vendors,
        customers, applicants for homes or homebuyers.
     w. All forms of illegal discrimination and sexual and any other form of
        harassment in the workplace.
     x. Using e-mail in an inappropriate manner. While e-mail may be used
        for personal business, the employee should refrain from sending e-
        mail messages that the employee would not want to be read by the
        Executive Director or the Department of Housing and Urban
        Development. It is not BBHA’s intention to monitor employee’s e-mail
        messages but to ensure that e-mail be used appropriately.
     y. Any conduct that violates BBHA’s or HUD’s procurement policies will
        be considered a serious infraction. No item may be procured without
        proper authorization or in violation of procurement policies.
        Intentional, deliberate violations of the regulations shall be cause for
        disciplinary action up to and including dismissal.




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      BBHA Policies – Personnel                                                               89


              Violation of the following rules will result in the discipline specified:
Violation                              1st Offense        2nd Offense     3rd Offense     4th Offense
                                       Discharge
Theft of property from BBHA
                                       with police
place of work or another employee
                                       report
Drinking alcoholic beverage on
                                       10-day
work premises or during work                              Discharge
                                       suspension
hours
Assault on supervisor or other
                                       Discharge
employee
Falsifying own or other employee’s
                                       Discharge
timecard/timesheet
Falsifying BBHA records including      Suspension or
employment application                 discharge
Reporting for work under the           Written
                                                          Suspension      Discharge
influence of alcohol or drugs          warning
Possession of illegal weapons or
                                       Discharge
firearms on work premises
Intentionally misusing or
                                       10-day
damaging BBHA or other property                           Discharge
                                       suspension
at work place
                                                          3-day
Smoking in an unauthorized area        Oral warning                       Discharge
                                                          suspension
Leaving assigned work station
                                       1-day              3-day
during work hours without                                                 Discharge
                                       suspension         suspension
permission
Unauthorized operation or use of
                                       1-day              3-day
BBHA tools, machinery or                                                  Discharge
                                       suspension         suspension
equipment
Gambling on BBHA property or           3-day
                                                          Discharge
place of work during work hours        suspension
                                       3-day
Disregard of safety rules                                 Discharge
                                       suspension
Failure to wear specified safety       3-day
                                                          Discharge
equipment                              suspension
                                       3-day
Failure to report injury or accident                      Discharge
                                       suspension
Stopping assigned duties before        Written            3-day           7-day
                                                                                          Discharge
end of shift                           warning            suspension      suspension
                                       Written            3-day           10-day
Unauthorized absence from work                                                            Discharge
                                       warning            suspension      suspension
Creating scrap or poor quality         Written            3-day           7-day
                                                                                          Discharge
material due to carelessness           warning            suspension      suspension
Stretching breaks or otherwise                            Written         3-day           10-day
                                       Oral warning
wasting work time                                         warning         suspension      suspension
Creating or contributing to
                                                          Written         3-day           10-day
unsanitary conditions by personal      Oral warning
                                                          warning         suspension      suspension
actions or housekeeping
Insubordination by refusing a          3-day
                                                          Discharge
supervisor’s lawful order              suspension


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Violation                            1st Offense        2nd Offense     3rd Offense   4th Offense
                                     3-day
Sleeping on the job                                     Discharge
                                     suspension
Threatening or intimidating other
                                     Discharge
employees or supervisor
Failure to maintain production       Written            3-day           10-day
                                                                                      Discharge
standards                            warning            suspension      suspension
                                                        Written         3-day         10-day
Tardiness                            Oral warning
                                                        warning         suspension    suspension
Use of another person’s tools        Written            1-day           3-day         10-day
without permission                   warning            suspension      suspension    suspension
Fighting or attempting to provoke
                                     10-day
a fight on BBHA property or work                        Discharge
                                     suspension
area
Failure to follow specified job      Written            3-day           10-day
                                                                                      Discharge
instructions                         warning            suspension      suspension
Inability or unwillingness to work
                                                        Written         3-day
harmoniously with other              Oral warning                                     Discharge
                                                        warning         suspension
employees
Release of confidential
information or unauthorized          Discharge
removal of BBHA records



      26. Drug and Alcohol Use
             BBHA recognized that alcohol and drug use is widespread throughout society and
             is increasingly costly in terms of health, safety, productivity and personal
             problems of employees. That all of BBHA's employees work in a drug-free
             workplace and are not engaged in drug or alcohol abuse is of paramount
             importance to the public, to BBHA's homebuyers, and to BBHA's officers and
             employees. BBHA recognized that drug and/or alcohol dependency is a disease
             and such dependency will be treated as such. Employees who voluntarily seek
             help for drug and/or alcohol dependency will not have their jobs jeopardized by
             seeking such help. Additionally, BBHA recognizes that early intervention in the
             dependency process greatly increases the chances of success and minimizes
             disruption in the life of a drug and/or alcohol dependent individual. For that
             reason BBHA encourages employees to voluntarily seek help. Notwithstanding
             anything herein to the contrary, any employee who sells illegal drugs, whether on
             or off the job, shall be subject to immediate dismissal.
             26.1     Use, Possession, or Sale of Drugs and Alcohol
                      a. Employment with BBHA is contingent on employees being free from
                         drug and/or alcohol dependency.
                      b. Employees are required to report to work free from hangovers and the
                         effects of drugs and/or alcohol.
                      c. Possession, distribution, manufacture or consumption of illegal drugs
                         and/or alcohol during job hours, in BBHA offices, BBHA vehicles



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                 and/or on BBHA job sites is prohibited and may result in immediate
                 termination of the employee's employment.
            d. Consumption of illegal drugs and/or excessive use of alcohol are
               prohibited at any BBHA sponsored function.
            e. Off-the-job illegal drug consumption and/or excessive use of alcohol
               which adversely affects a BBHA employee's on-the-job performance,
               his or her safety or the safety of others, the public, BBHA equipment
               and materials, and/or BBHA's image with the public will not be
               tolerated.
            f.   Illegal drugs are defined under federal, state or local laws. They
                 include, but are not limited to:
                 •   Marijuana
                 •   Hashish
                 •   Cocaine
                 •   Heroin
                 •   Hallucinogens
                 •   Amphetamines
                 •   Prescription drugs prescribed to another person
            g. Any BBHA employee taking prescription or non-prescription drugs
               shall report this use to his/her supervisor when the use of such drugs
               may affect his/her ability to perform assigned duties. This reporting
               requirement is intended to protect the safety of the employee, other
               BBHA employees, BBHA property and equipment as well as the
               general public.
            h. An employee who is found to be under the influence of or impaired by
               alcohol or drugs shall not be allowed to remain on duty and shall not
               be allowed to return to work until he/she passes a drug test and has
               been approved for fitness for duty.
            i.   Employees are responsible for notifying the BBHA of any criminal
                 drug statute convictions for a violation occurring in the workplace no
                 later than five (5) days after such conviction or 5 days after they plead
                 nolo contendere or are sentenced.
     26.2   Search
            When the BBHA has responsible grounds to believe that an employee is
            violating any aspect of this policy, the employee may be required to
            submit to a search of any vehicle brought on a BBHA work place, to
            submit to a search of any pocket, package, purse, briefcase, tool box,
            lunch box or other container brought onto a BBHA work place, and
            submit to a search of a desk, file locker or other stationary container
            provided by BBHA. In the event that a search is required, the BBHA will
            notify the employee of the reasons for the search and will conduct the
            search in the presence of the employee. If the employee cannot be notified
            of the search due to extended absence, the search may be conducted in the
            absence of the employee. Searches generally will be conducted by at least



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            two (2) representatives of the BBHA, one of whom shall be the Executive
            Director, an administrator or a member of the security staff.
     26.3   Drug and Alcohol Testing
            26.3.1   Pre-Employment Testing
                     Job applicants may be tested for drugs or alcohol before they are
                     employed by the BBHA or may be hired and complete testing
                     within four weeks following their employment date. Those
                     employees not following this criterion may be dismissed from
                     employment. Job applicants who fail a drug or alcohol test may
                     be hired conditionally and, if so, shall be subject to all provisions
                     of this policy, provided that applicants for construction jobs must
                     test negative before being employed by BBHA. Applicants will be
                     required to read, complete and sign BBHA’s Applicant Alcohol
                     and Drug Test Exam Consent and Release form before being
                     tested.
            26.3.2 Periodic Testing
                     As a condition of continued employment, and subject to the
                     limitations of Alaska State Law, employees may be required to
                     undergo periodic medical examinations and/or alcohol and drug
                     screening. This will occur at a time specified by BBHA and when
                     management perceives the need to conduct periodic testing. In
                     connection with these examinations, employees are required to
                     provide BBHA with access to their medical records, if requested.
                     All BBHA-required medical examinations and alcohol and drug
                     screening shall be paid in full by BBHA. The BBHA will require
                     the employee to go to an approved specimen collection facility
                     and provide both urine and/or blood specimens for laboratory
                     testing.
            26.3.3 Conditions for testing
                     Subject to the limitations of Alaska State Law, all BBHA
                     employees may be subject to drug and alcohol testing. BBHA
                     may require drug and alcohol testing for any job-related purpose
                     consistent with business necessity, including but not limited to:
                     reasonable suspicion that an employee may be affected by the
                     use of drugs or alcohol and that the use may adversely affect his
                     or her job performance or the work environment; investigation
                     of possible individual employee impairment; investigation of
                     accidents in the workplace; maintenance of safety for employees,
                     customers, clients, homebuyers, tenants, or the public at large;
                     maintenance of productivity, the quality of products or services,
                     or security of property or information Refusal to participate in
                     testing shall be grounds for termination of employment.
            26.3.4 Serious Accident Testing
                     The BBHA may require employees directly involved in a serious
                     accident to go to an approved specimen collection facility to
                     provide both urine and blood specimens for laboratory testing as
                     soon as practicable after the accident.


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           26.3.5 Follow-up Testing
                  Upon completion of drug or alcohol rehabilitation, the employee
                  may be subject to three (3) additional tests for drugs or alcohol
                  without prior notice, with two (2) test to occur within six (6)
                  months of the employee's return to employment, and the third
                  test to occur within six (6) to twelve (12) months after the
                  employee's return to work. A positive test result in any of these
                  follow-up tests shall be grounds for discipline up to and
                  including termination of employment.
           26.3.6 Employee Responsibilities
                  If requested, the employee will sign a consent form authorizing a
                  private testing laboratory to withdraw a specimen of blood
                  and/or urine and release the results of the laboratory testing to
                  BBHA. The specimen will be sealed in the employee's presence
                  and must be initialed a presumption that the employee is under
                  the influence of or impaired by drugs or alcohol. In some cases,
                  the employee may be unable to provide a urine specimen. After a
                  reasonable waiting period (not to exceed one (1) hour), the
                  procedure may be terminated and proceed with testing based
                  upon a blood specimen alone.
           26.3.7 Confirmation of Positive Result
                  Drug testing must include confirmation of a positive drug test
                  result. The confirmation must be by use of a different analytical
                  process than was used in the initial drug screen. The second or
                  confirmatory drug test shall be a gas chromatography mass
                  spectrometry. BBHA may not rely on a positive drug test unless
                  a licensed physician or doctor of osteopathy has reviewed the
                  confirmatory drug test results. The physician or osteopath shall:
                  (a) contact the employee within 48 hours and offer an
                  opportunity to discuss the confirming test result; (b) interpret
                  and evaluate the positive drug test results for legal use; and (c)
                  report test results that have been caused by prescription
                  medicine as negative.
           26.3.8 Employee Opportunity for Explanation
                  BBHA shall provide the written test results to the employee
                  within five working days after a written request to do so, so long
                  as the written request is made within six months after the date of
                  the test. The employee shall have the right to explain, in a
                  confidential setting, a positive test result, if the employee
                  requests in writing an opportunity to explain the positive test
                  results within 10 working days after the employee is notified of
                  the test results. An employee who tests positive for drugs shall
                  have the right to a confirmatory drug test to be reviewed by a
                  licensed physician or osteopath of the employee’s choice and at
                  the employee’s expense promptly after the employee receives the
                  drug test results from BBHA.




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            26.3.9 Employer Responsibilities
                     BBHA shall normally schedule a drug or alcohol test of an
                     employee during, or immediately after, a regular work period.
                     Drug or alcohol testing required by BBHA is considered to be
                     work time for the purposes of compensation and benefits for
                     current employees. Sample collection shall be performed in a
                     manner that guarantees the individual’s privacy to the maximum
                     extent consistent with ensuring that the sample is not
                     contaminated, adulterated, or misidentified. BBHA shall pay the
                     entire cost of drug and alcohol testing. BBHA shall also pay
                     reasonable transportation costs to an employee if the required
                     test is conducted at a location other than the employee’s normal
                     work site.
            26.3.10 Training Requirement
                     BBHA shall ensure that at least on designated employee receives
                     at least 60 minutes of training on alcohol misuse and at least an
                     additional 60 minutes of training on the use of controlled
                     substances. The training will be used by the designee to
                     determine whether reasonable suspicion exists to require an
                     employee to undergo testing under this policy.
            26.3.11 Confidentiality
                     Any communication received by BBHA relevant to drug test or
                     alcohol impairment test results and received through BBHA’s
                     testing program is a confidential and privileged communication
                     and may not be disclosed except (a) to the tested employee or
                     prospective employee; (b) to individuals designated by BBHA to
                     receive and evaluate test results or hear the explanation of the
                     employee or prospective employee; or (c) as ordered by a court
                     or governmental agency.
     26.4   Testing Procedures
            The following is an approved collection facility of BBHA job applicants
            and employees: KANAKANAK HOSPITAL, P.O. BOX 130, DILLINGHAM,
            ALASKA, 99576; (907) 842-5201. Other facilities may also be designated
            for this purpose by the BBHA.
            26.4.1   Collection Procedures
                     At the time the urine and/or blood specimens are collected, the
                     employee shall be given a copy of the specimen collection
                     procedures. Specimens must be immediately sealed, labeled and
                     initialed by the employee to insure that the specimens tested by
                     the laboratory are those of the employee. The required procedure
                     is as follows:
                     (a) Blood Specimen - If a blood test is required, the blood
                         specimen shall be taken with as little delay as possible after
                         the decision to require the test. Immediately after the
                         specimen is drawn, the individual test tube shall, in the
                         presence of the employee, be sealed, labeled, and then
                         initialed by the employee. The employee has an obligation to


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                      identify each specimen and to initial same. The testing
                      laboratory shall maintain a chain of custody by reasonable
                      means designed to show handling of the specimen from the
                      time it is collected until the tests are completed, and
                      thereafter until the specimen is properly disposed of.
                  (b) Urine Specimen - Where urine specimen are to be provided,
                      at least sixty (60) ml of specimen shall be collected in total
                      and placed in two (2) self-sealing, screw-cap containers. They
                      shall be sealed, labeled and initialed by the employee's
                      presence. The employee has an obligation to identify each
                      specimen and to initial same. The testing laboratory shall
                      maintain the chain of custody by reasonable means designed
                      to show the handling of the specimen from the time it is
                      collected until all tests are completed, and thereafter until the
                      specimen is properly disposed of. The BBHA and testing
                      laboratory have the right to take steps such as checking the
                      color and temperature of the urine specimen to detect
                      tampering and substitution, provided that the job applicant's
                      or employee's right of privacy is guaranteed, and in no
                      circumstance may direct observation take place while the
                      employee or job applicant is producing the urine specimen. If
                      it is established that the employee or job applicant
                      intentionally tampered with the specimen or provided a
                      substitute specimen, it shall be presumed that the applicant's
                      or employee's specimen would have tested positive for drugs
                      or alcohol. In order to deter adulteration of the urine
                      specimen during the collection process, physiologic
                      determination such as creatinine and/or chloride
                      measurements may be performed by the laboratory.
           26.4.2 Testing Methodologies
                  (a) Urine Testing - The initial testing shall be by an enzyme-
                      immunoassay (EIA) technique which meets the requirements
                      of the Food and Drug Administration. All specimens
                      identified as positive on the initial test shall be confirmed
                      using gas chromatography/mass-spectrometry (GC/MS)
                      techniques. All specimens which test negative on either the
                      initial test or the GC/MS confirmation test shall be reported
                      only as negative. Only specimens which test positive on both
                      the initial test and the GC/MS confirmation test shall be
                      reported as positive. In reporting a positive, the laboratory
                      shall state the specific substance(s) for which the test is
                      positive and shall provide the quantitative results of both the
                      screening and the GC/MS confirmation tests, in terms of
                      nanograms per milliliter. All positive test results must be
                      reviewed by the Medical Review Officer and certified as
                      accurate.
                  (b) Blood Testing - In testing blood specimens, the testing
                      laboratory will analyze blood/serum initially by enzyme-
                      immunoassay, fluorescence polarization immunoassay, or by
                      absorbance spectrometry. Specimens identified as positive on


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                        the initial test shall be confirmed by gas
                        chromatography/mass-spectrometry (GC/MS). All positive
                        test results must be reviewed by the Medical Review Officer
                        and certified as accurate.
                    (c) Preservation of Specimens - In those instances where positive
                        test results are obtained, the specimens shall be maintained
                        by the testing laboratory under strict control for not less than
                        ninety (90) days. With the written consent of the BBHA and
                        the employee, the specimen may be turned over to a second
                        laboratory for further confirmatory tests. Strict control of the
                        specimen shall be maintained from the initial testing
                        laboratory to the second testing laboratory to ensure that the
                        specimen is not adulterated or substituted.
            26.4.3 Medical Review Officer
                    All positive test results shall be referred to the medical review
                    officer (MRO) designated by the BBHA for consideration of
                    factors which might have caused or contributed to the positive
                    test result. The MRO may contact the employee whose specimen
                    tested positive to inquire about medications used, foods
                    consumed, work environment and any other factors which might
                    have contributed to a positive test result. It is the employee's
                    duty to cooperate with the MRO and the employee's refusal to do
                    so is grounds for concluding there are no mitigating or
                    extenuating factors contributing to the positive test results. The
                    MRO shall report his or her findings and the test results to the
                    Personnel Director of the Corporation. The MRO shall be a
                    licensed medical doctor.
     26.5   Testing Guidelines
            The initial and confirmation cutoff levels used when screening urine and
            blood specimens to determine whether they are negative or positive for
            various classes of drugs and alcohol shall be those contained in the
            Scientific and Technical Guidelines for Federal Drug Testing Programs
            (subject to revision in accordance with subsequent amendments to the
            U.S. Department of Health & Human Service Guidelines), except that the
            cutoff levels for the following substances shall be:




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                              THRESHOLD LEVELS
         Substance                    Initial Screen               GC/MS Confirmation
Alcohol                                 100 mg/ml                      100 mg/dl
Amphetamines                            1000 ng/ml                     500 ng/ml
Barbiturates                             300 ng/ml                     200 ng/ml
Benzodiazapines                          300 ng/ml                     100 ng/ml
(except cocaine)
Cocaine                                  300 ng/ml                         150 ng/ml
Methaqualone                             300 ng/ml                         250 ng/ml
Opiates                                  300 ng/ml                         300 ng/ml
Phencyclidine                             25 ng/ml                          25 ng/ml
Propoxyphene                             300 ng/ml                         250 ng/ml
Tetrahydrocannabinol                     100 ng/ml                          15 ng/ml

      26.6   Employee Initiated Rehabilitation
             a. BBHA employees who suffer drug or alcohol related problems are
                strongly encouraged to seek counseling and/or rehabilitation.
                Employees who voluntarily submit to counseling and rehabilitation
                services will be allowed to continue their normal duties provided their
                condition does not pose a safety or security risk for the BBHA. If the
                employee's condition presents a safety or security risk, the employee
                will be granted leave of absence without pay pursuant to the BBHA's
                personnel policies. The employee may use paid time off and other
                benefits available to employees suffering non-alcohol or non-drug-
                related illnesses.
             b. Employees who voluntarily seek counseling or rehabilitation with
                drug or alcohol problems prior to BBHA-recognized infractions of this
                policy shall not be disciplined for seeking counseling and/or
                rehabilitation. If leave of absence is granted for rehabilitation
                purposes, the leave shall not be considered disciplinary. If infractions
                of this policy occur during or after the rehabilitation, the employee's
                counseling and/or rehabilitation efforts may be considered by a court
                or arbitration tribunal for the purpose of determining an appropriate
                level of discipline for the latter misconduct.
      26.7   Third-Party Referrals
             a. BBHA recognizes that some employees with drug- or alcohol-related
                problems may be inclined to deny their affliction and that others often
                more clearly recognize their problems. Family, friends and co-workers
                may be reluctant to report employee job-related drug or alcohol use,
                however, for fear of disciplinary action against the employee. Because
                safety is the BBHA's overriding concern, the BBHA will treat third-
                party reports or drug or alcohol use and request for assistance as if the
                employee himself or herself sought counseling or rehabilitation. The
                employee will be advised that others believe he/she has a drug- or
                alcohol-related problem. The employee will be offered the benefits as
                if they voluntarily submitted to counseling or rehabilitation.




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            b. If the employee accepts the offer, those provisions shall apply. If the
               employee rejects the offer, the fact a third-party referral was made, the
               offer and the rejection will be reflected in the employee's personnel
               file. In either case, there will be no disciplinary action against the
               employee provided that the facts brought to the attention of the BBHA
               by the referring person were not already under investigation by the
               BBHA at the time of referral.
     26.8 Procedures for Policy Violations
            a. Job applicants who fail a drug or alcohol test may be hired
               conditionally and, if so, shall be subject to all provisions of this policy,
               provided that applicants for construction jobs must test negative
               before being employed by BBHA. Applicants will be required to read,
               complete and sign BBHA’s Applicant Alcohol and Drug Test Exam
               Consent and Release form before being tested.
            b. Employees who test positive for drugs or alcohol will be suspended
               without pay and required to participate in an appropriate counseling
               and/or rehabilitation program. The suspension shall be considered
               disciplinary. The duration of the suspension shall be determined on a
               case-by-case basis. Refusal to participate in the counseling and/or
               rehabilitation program or failure to successfully complete it may be
               considered grounds for termination of employment. Although the
               suspension shall be without pay, the employee may draw paid time off
               and any other benefits to which he/she would be entitled for an illness
               or injury. The BBHA may discharge the employee without resort to
               counseling or rehabilitation for repeat violations of this policy or
               when, in the BBHA's judgment, the circumstances warrant
               termination or employment on the employee's initial violation.
            c. If drug screening is positive, permanent employees must go to
               mandatory drug counseling, paid for by BBHA. Counseling for non-
               permanent employees will be at the employee’s expense and is
               strongly recommended by BBHA. Upon the third positive drug
               screening the employee will be dismissed.
            d. Employees who test positive for drugs or alcohol shall be subject to
               follow-up testing as provided in this policy.
     26.9   Amendment to policy
            BBHA reserves the right to amend this policy from time to time as
            circumstances warrant. Without limiting the generality of this section, the
            BBHA may introduce new testing methodologies and procedures that it
            believes represent an improvement in available technology, or to comply
            with applicable legislation, court decisions or other standards applicable
            to the subject matter of this policy.


27. Organization
     All positions shall be established in accordance with an organization plan clearly
     setting forth areas of responsibility and authority.



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     27.1   Position Classifications
            27.1.1   Position Titles
                     A descriptive title shall be assigned to each position and to the
                     incumbent of each such position.
            27.1.2   Position Specifications
                     A composite statement of the duties and responsibilities of each
                     position shall be set forth in writing.
            27.1.3   Organizational Plan
                     An organizational plan, consisting of (1) a list of positions, (2)
                     specifications for each position, and (3) an organization chart
                     showing each position, shall be made a part of and attached to
                     this policy statement.
            27.1.4   Temporary Employees
                     Temporary Employees are persons who are hired for a specified
                     period of time or for a specific project, or on a sporadic basis,
                     such as Force Account Employees. Temporary Employees are
                     not eligible for fringe benefits such as, but not limited to, paid
                     leave and medical benefits. Holiday leave and administrative
                     leave may be paid at the discretion of the Executive Director, as
                     appropriate.
     27.2   Changes in Employment Status
            27.2.1   Promotions
                     Vacated or newly established positions shall be filled to the
                     fullest extent possible, consistent with efficient operations, by
                     the promotion of qualified employees.
            27.2.2   Demotions
                     An employee shall be subject to demotion under the following
                     conditions:
                     (a) If he has been found unsuited for his present position but
                         may be expected to give satisfactory service in a position of
                         lesser responsibility.
                     (b) If his position has been either abolished or reallocated to a
                         lower paying class and he cannot be transferred to a position
                         of equal pay. It shall be clearly indicated on all papers that
                         the transaction in no way reflects on the employee's
                         performance or ability.
            27.2.3   Transfers
                     (a) Employees shall be transferred within the organization as far
                         as practicable to positions where their highest skills will be
                         best utilized.
                     (b) When transfers of personnel are necessitated by
                         organizational changes, every effort shall be made to place
                         the affected employees in positions which will permit them to


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                          retain their salaries.
                      (c) In making transfers within the organization, due
                          consideration shall be given to the desires of the employees
                          involved.
             27.2.4 Suspensions
                      An employee may be suspended from duty without pay for a
                      period not to exceed fifteen working days due to the following:
                      (a) For disciplinary reasons; or
                      (b) Pending investigation of charges where the presence of the
                          employee at work constitutes a hazard either to the agency or
                          to himself. If investigation does not bear out the charges and
                          the employee is retained, he shall be paid for the period of
                          suspension.
             27.2.5   Resignations
                      An employee who desires to terminate his employment shall
                      submit a written resignation at least two weeks in advance,
                      setting forth his reason for resigning. All employees are expected
                      to work during their final two weeks. If the employee fails to do
                      so, the appropriate pay deduction for missed days will be made
                      from the final check.
             27.2.6 Dismissals
                      All employees are at-will employees of BBHA and subject to
                      dismissal by the Executive Director without cause and without
                      prior notice at any time, unless an employee has a written
                      employment contract with BBHA for a specific duration that is
                      approved by the Board of Commissioners. At-will employees
                      who are dismissed by the Executive Director shall have no right
                      of appeal or right to further administrative remedies within
                      BBHA.
             27.2.7   Reduction in Force
                      (a) If it is necessary to reduce personnel, the selection of
                          employees to be retained shall be based primarily on their
                          relative efficiency and the necessity of the job entailed. Other
                          things being equal, length of service shall be given
                          consideration.
                      (b) At least two weeks notice prior to dismissal shall be given an
                          employee except for temporary or contract employees.


28. Compensation
      28.1   Determination of Rates
             28.1.1   Technical and maintenance
                      For technical staff and maintenance personnel appropriate
                      compensation rates shall be paid on the basis of prevailing rates
                      in the locality.


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            28.1.2   Other employees
                     For all other employees, appropriate compensation rates shall be
                     determined on the basis of pertinent local public practice. Public
                     practice, as referred to here, shall consist primarily of the related
                     regulations of the municipal or county government and of such
                     local public bodies as public schools, public hospitals, or other
                     institutions supported by public funds.
     28.2   Periodic Pay Increases
            Employees whose compensation is set in accordance with the above, and
            whose services warrant it, shall be eligible to receive periodic pay
            increases subject to the approval of the Executive Director, subject to
            budget limitations.
     28.3   Annual Bonus
            An annual bonus may be paid at the discretion of the Board of
            Commissioners.
     28.4 Stipends
            Commissioners shall be paid a stipend of $275.00 per meeting, or such
            other amount as determined by a resolution of the Board of
            Commissioners.


29. Working Hours, Pay Days and Timesheets
     29.1   Regular Workweek
            The regular workweek shall consist of five, seven and one-half hour days
            for administrative staff personnel, beginning at 8:00 a.m. and ending at
            4:30 p.m. each workday (Monday through Friday). The workday for
            maintenance personnel shall be determined by the employee’s supervisor
            and shall be designed to begin and end as necessary in order to provide
            adequate coverage of maintenance operations. The workweek for
            employees covered under the Davis-Bacon Act (DBA) shall consist of five
            eight-hour days.
     29.2   Variations in Work Hours
            The Executive Director may approve different regularly scheduled start
            and end work times (not to exceed seven and one-half hours in one day)
            for administrative staff personnel. Approval is contingent on job
            requirements.
     29.3   Flexible Work Hours
            Flexible work hours will be authorized at the Executive Director's
            discretion and are contingent on the approval of the Voluntary Flexible
            Work Hour Plan that is to be submitted to the State of Alaska Department
            of Labor. Flexible work hours permit full-time employees to compress
            their workweek and enjoy a longer time off. If adopted, flexible work
            hours relieve the employer of the liability for overtime for those hours
            worked up to ten hours each day. Flexible work hours shall not be



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             granted unless they are consistent with the accomplishment of work
             duties.
      29.4   Overtime
             Overtime work shall be avoided as far as possible but may be required by
             the Executive Director in the interest of efficient operation. All employees
             shall be paid for time and one-half for hours worked in excess of the hours
             specified in Section 29.1 (Regular Workweek).
             a. An employee’s supervisor must approve overtime prior to being
                incurred. Approval is evidenced by the supervisor’s signature on the
                employee’s timesheet.
             b. Exempt employees shall be allowed to accrue compensatory time but
                it must be used within the same pay period it is accrued. Non-exempt
                shall not be allowed to accrue compensatory time.
      29.5   Payday
             Pay dates for all employees, including administrative, construction, force
             account and any other employees, will be bi-weekly.
      29.6   Timesheets
             Approved timesheets are due at 11 a.m. on the Monday prior to a payday.
             If Monday is a holiday, timesheets are due on Tuesday.


30. Leave
      30.1   Holidays
             The following holidays with pay shall be observed:
             •   New Year's Day
             •   Martin Luther King Day
             •   President's Day
             •   Memorial Day
             •   Seward's Day
             •   Independence Day
             •   Labor Day
             •   Alaska Day
             •   Veteran's Day
             •   Thanksgiving Day
             •   Friday after Thanksgiving
             •   Christmas Day
             Any holiday that falls on Saturday shall be observed the Friday preceding
             the holiday or consistent with federal practices. Any holiday that falls on
             Sunday will be observed on the following Monday or consistent with
             federal practices. To be paid for a holiday, an employee must have
             worked, or have approved leave for, the work-day immediately preceding
             the holiday.


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     30.2   Military Leave
            a. An employee who leaves his position to enter military service in time
               of war or any period of national emergency as declared by the
               President in connection with national defense or by reason of being
               drafted shall be carried on the rolls in a military leave status.
            b. Upon his honorable discharge from military service, he shall be
               entitled to be restored to his same position or to a position equally
               acceptable to him for which he is qualified, provided he applies for re-
               employment within 90 days after his discharge or before the
               expiration of any statutory right to re-employment, if later.
            c. Military leave of absence, in accordance with the number of calendar
               year permitted by existing State and Federal Law, will be granted to
               permanent employees who are reservists of the Armed Forces or
               members of the National Guard engaged in active duty, training or
               military aid to enforce the law.
     30.3 Court Leave
            30.3.1   Summons
                     A summons or subpoena must be legally served and may be for
                     serving as a witness or for jury duty. All employees when actually
                     summoned shall immediately inform the Executive Director.
            30.3.2 Reimbursement
                     The pay of any full time permanent employee who has received a
                     subpoena for jury duty or as a witness will continue at the regular
                     rate. All reimbursement received shall be turned over to the
                     BBHA to be credited against regular salary. The employee may
                     retain payment by the Court for travel expense at the prevailing
                     rate.
     30.4 Personal Leave
            30.4.1 Accrual Rates
                     (a) Permanent part time and full-time employees with less than
                         two years of service shall earn personal leave with pay at the
                         rate of 2.0 days per month. Personal leave will be prorated
                         based on hours worked for permanent part time employees.
                         Personal leave will begin accruing on the first day of
                         employment.
                     (b) Employees with at least 2 but less than 5 years local agency
                         service will receive 27 days leave annually accrued at the rate
                         of 2.25 days per month.
                     (c) Employees with at least 5 but less than 10 years of local
                         agency service will receive 30 days annually accrued at the
                         rate of 2.5. days per month.
                     (d) Employees with 10 or more years of local agency service will
                         receive 35 days annually accrued at the rate of 2.92 days per
                         month.



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             30.4.2 Procedures
                      (a) Employees, generally, shall be encouraged to take annual
                          vacations to the extent of the amount of earned personal
                          leave.
                      (b) Requests for personal leave must be submitted on a
                          "Personal leave Request/Report Form".
                      (c) Personal leave will be approved on a first-come, first-serve
                          basis, at the discretion of the Executive Director.
                      (d) Personal leave may be requested in periodic amounts, as to
                          not cause work interruption significant to affect performance.
                      (e) Days of leave shall be deducted from the time accumulated as
                          of the day of departure.
                      (f) Personal leave may not exceed 35 days or 262.5 hours per
                          year.
                      (g) Time sheets for the periods of absence where personal leave
                          is requested must be submitted prior to the employee's
                          leaving on vacation.
                      (h) Payment of personal leave will be made on regularly
                          scheduled paydays and mailed to the employee's address
                          unless the employee and employer have made prior
                          arrangements.
                      (i) No advances of personal leave will be given to employees
                          prior to their leaving on their vacations.
                      (j) Leave will continue to accrue at the normal rate during the
                          time personal leave is taken.
                      (k) Cash payment for accumulated personal leave may be made
                          with the approval of the Board of Commissioners.
             30.4.3 Maximum Accrual
                      A maximum of 35 days can be earned. A maximum of 40 days is
                      available for carryover to the next year. The carryover limitation
                      may be waived by commissioners upon written request.
             30.4.3 Payment upon Separation
                      An employee who is permanently separated shall be paid in a
                      lump sum for any accumulated personal leave at his current rate
                      of pay (except all funds due the Housing Authority will be
                      deducted).
      30.5   Leave without Pay
             30.5.1   General Rule
                      Leave without pay (including Fishing Leave) may, where
                      necessary, be granted, not to exceed two months in any one
                      calendar year, with the permission of the Executive Director (or
                      the BOC in the case of the Executive Director). Fringe benefits do
                      not accrue during extended periods of leave without pay. All
                      benefit premiums are paid by the employee during leave without
                      pay. No holiday pay will be paid for holidays falling within the


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                     period.
            30.5.2 Sub-regional Employees
                     Sub-regional employees working a ten-month year will continue
                     to accrue fringe benefits during the entire year. In addition, all
                     benefit premiums will continue to be paid for the employee
                     during the two month leave period.
            30.5.3 Absence without Authorization
                     (a) Absence without proper authorization or approval will be
                         considered sufficient cause for suspension or dismissal of the
                         employee at the discretion of the Executive Director.
                     (b) If any employee is absent without proper authorization,
                         deduction shall be made from his pay for the period of
                         absence.
     30.6 Administrative Leave
            The Executive Director may authorize the use of administrative leave
            when a situation arises that is beyond an employee’s control but which
            restricts the ability to serve in his or her employment capacity. Situations
            in which administrative leave may be granted include those related to
            weather, family emergency, or other situations as determined by the
            Executive Director.
     30.7   Bereavement Leave
            At the discretion of the Executive Director, up to ten (10) days
            bereavement leave shall be granted to permanent employees upon the
            death of a member of the employee’s family or household. “Family” shall
            include children, siblings, parents, grandparents, uncles/aunts, in-laws
            and godparents, or other persons as determined by the Executive
            Director.


31. Fringe Benefits
     31.1   Employees
            a. All employees shall be covered by Workman's Compensation
               Insurance.
            b. Contingent upon funding, fringe benefits will be made available to all
               permanent employees who work in excess of 20 hours per week.
     31.2   Dependents
            The BBHA shall pay health insurance premiums for dependents of
            permanent employees, starting at 50% the first year, and progressing to
            100% coverage after seven years of employment.
     31.3   Commissioners
            Health insurance benefits shall be provided to Commissioners and their
            dependents during their term on the Board.




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32. Training
      32.1   Job-related
             Contingent upon funding and availability, training will be provided for
             employees as necessary. Further education relating to employee's
             position, advancement or development may be reimbursed upon
             successful completion of the class if approved beforehand by the
             Executive Director or designee. The cost of training that is job-related
             shall be 100% reimbursed.
      32.2   General Education
             BBHA shall reimburse up to 50% of the cost for education that is not
             specifically job-related. Full-time coursework shall not be subsidized by
             BBHA.
      32.3   Employee Resignations
             If an employee resigns within six months following receiving BBHA-paid
             training, the employee shall be required to repay the cost of the training,
             including all travel and registration fees. Amount of reimbursement is to
             be prorated based on length of time between resignation and end of six-
             month period; for example if resignation occurs four months after
             training, reimbursement will be 2/6 of total cost.


33. Grievances
      33.1   General Policy
             Good morale is maintained, as problems arise, by sincere efforts of all
             persons concerned to work toward constructive solutions in an
             atmosphere of courtesy and cooperation. The purpose of this procedure is
             to secure, at the lowest possible administrative level, equitable solutions
             to the problems that may, from time to time arise. All parties agree that
             these proceedings will be kept as informal and confidential as may be
             appropriate in any level of the procedures.
      33.2   Informal settlement
             Nothing contained herein will be construed to limit the right of the
             employee with a grievance to discuss the matter informally with the
             appropriate member of the administration and to have the grievance
             rectified. The employee shall have the opportunity to be present and to
             state his/her views at any level in the grievance procedure.
      33.3   Definitions
             Grievance shall mean a complaint by an employee that there has been
             violation, misinterpretation, or inequitable application of personnel
             policy, rule, order, or regulation of management. All records relating to
             grievance proceedings shall be kept confidential to the extent permitted
             under the circumstances.
             Grievant (aggrieved employee) is an employee or employees asserting a
             grievance.


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            Party of interest is an employee, who might be required to take action
            or against whom action might be taken, in order to resolve a grievance.
     33.4   Level One
            a. A grievance must first be discussed informally with the aggrieved
               person's supervisor with the objective of resolving the matter. The
               supervisor shall require that the grievance be submitted in writing
               prior to appealing to Level Two.
            b. The grievance must be discussed informally within seven (7) working
               days of the occurrence, or the time when the employee reasonably
               should have known of the occurrence or event leading to the perceived
               infraction.
     33.5   Level Two
            a. If the aggrieved person is not satisfied with the disposition of the
               grievance at Level One, or if no decision has been rendered within five
               (5) working days after the informal discussion of the grievance, a
               written grievance shall then be filed with the Executive Director. If
               the employee’s immediate supervisor is the Executive Director, the
               grievance shall be filed with the Board of Commissioners. The written
               grievance shall contain a simple statement of the facts and the
               problem. The specific violation of a policy, regulation, or contract
               provision shall be identified in the grievance. Finally, the grievance
               shall specify what relief or resolution is desired.
            b. The written grievance shall be delivered to the Executive Director
               within ten (10) working days after meeting with the Supervisor to
               discuss the grievance. The Executive Director shall meet with the
               grievant to discuss the grievance within ten (10) working days after
               receipt of the written grievance. The Executive Director shall then,
               within ten (10) working days after meeting with the employee, provide
               a decision, in writing, to the employee. The decision of the Executive
               Director shall be final.
            c. Grievances filed with the Board of Commissioners (where the
               supervisor of the grievant is the Executive Director) shall be filed at
               the first board meeting following the Level One meeting with the
               Executive Director. The Board shall then have thirty (30) days to
               provide a written decision to the employee.


34. Performance Evaluations
     Employees shall receive annual performance evaluations on a prescribed form by
     the supervisor. Evaluations shall be conducted in February of each year.
     Performance ratings shall be noted in the employee’s service record and be
     considered in affecting personnel actions.




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35. Personnel Records
      35.1   Records Maintenance
             Personnel records shall be maintained for each employee as follows:
             a. These records shall be maintained by the Finance Director. As these
                records are confidential documents, any abuse of these records is
                grounds for dismissal.
             b. Provisions shall be made to ensure individual employees reasonable
                access to their personnel records.
             c. Employee information may be released to the public of other agencies
                when that employee signs a release form.
      35.2   Adding to Personnel File
             A copy of any material inserted into an employee's personnel file must be
             provided to the employee at the time of insertion to the file.
      35.3   Right to Respond
             Each employee of BBHA retains the right to respond in writing to any
             document placed in his/her personnel file and to have the response
             included with the document. An employee also retains the right to appeal,
             through the grievance procedure, the inclusion of any adverse material in
             his/her personnel file.
      35.4   Personnel Action
             A personnel action forms shall be used as to initiate actions and update
             personnel records.


36. Travel
      36.1   General Statement
             BBHA travelers shall be considered in travel status from the time an
             authorized trip begins until it ends. For purposes of interpretation, travel
             status will begin and end when the traveler leaves and returns to his
             immediate workstation if travel begins and ends during assigned working
             hours. If, however, travel begins and ends outside assigned working
             hours, travel status begins and ends when the traveler leaves and returns
             to his home. Claims for reimbursement shall not exceed the established
             Federal per diem rates. EXCEPTION: A traveler may request advance
             approval from the Executive Director to claim a higher daily rate
             whenever subsistence expenses are such that the established rate is not
             adequate to obtain lodging and meals.
      36.2   Food and Lodging
             36.2.1   Subsistence
                      Subsistence is based on actual costs incurred by the traveler.
                      Receipts shall be required when the cost of the lodging exceeds
                      the daily per diem rate. Under normal circumstances, claimed
                      costs should not exceed the maximum daily rate. Claimed costs


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                      are computed by the following method:
                      (a) The daily rate will be paid on the basis of where the traveler
                          secures overnight lodging.
                      (b) A day consists of one 24-hour period.
                      (c) A quarter of the daily rate is allowed for each quarter in
                          which a traveler is in travel status for one hour or more.
             36.2.2 Meal Allowance
                      Meal costs will be reimbursed for travel within the Bristol Bay
                      Region. The meal allowance will not exceed the rate established
                      by the Executive Director for the following periods:

                Meal                 Time                  Percent of Daily Allowance
            Breakfast         5:00 am to 10:30 am                     21.3%
            Lunch             10:30 am to 2:00 pm                     25.5%
            Dinner            4:00 pm to 8:00 pm                      53.2%

                      Receipts should be submitted when available. But if it is not
                      feasible or appropriate to get receipts, a listing should be
                      provided with the trip report that shows how much was paid and
                      to whom.
             36.2.3 Regional Travel
                      (a) Meal allowance will be paid for same day travel. However, an
                          allowance for breakfast or dinner will not be paid if the trip
                          began after 8 a.m. or ended before 5 p.m., respectively.
                      (b) No meal allowance will be provided for meals provided by
                          seminars or the housing authority directly.
     36.3    Ground Transportation
             Travel on official BBHA business by a single individual shall be via public
             carrier or BBHA owned vehicle whenever practical.
             36.3.1     Out-of-town vehicular travel
                      Out of town vehicular travel is either through a rental or at the
                      current federally established mileage rate.
             36.3.2 Private vehicle
                      Where it has been determined that travel by private car is more
                      advantageous to the local agency than travel by common carrier,
                      reimbursement shall be made at the federally established
                      mileage rate for in-region travel (but in no event shall such
                      mileage allowance exceed common carrier cost). This rate
                      includes all travel, insurance and storage expense of the vehicle.
                      Tickets and/or citations received for traffic violations will be the
                      personal responsibility of the employee receiving them. All use of
                      private vehicles must have prior approval from department head
                      in order to be eligible for mileage reimbursement.




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             36.3.3 Taxi or Limousine Fare
                      A receipt must be provided to substantiate any taxi or limousine
                      service claimed in order for the employee to receive
                      reimbursement.
             36.3.4 Auto Rentals
                      An employee may rent an automobile if the ground travel cost by
                      other means will exceed the cost of an auto rental. The car rental
                      should be the least expensive car offered by the company used by
                      BBHA subject to the physical limitations of the employee.
      36.4   Per Diem
             a. Per Diem is based on a flat rate established by the Federal government
                and is used for reimbursement of lodging, meals and incidental
                expenses.
             b. Per Diem is computed by the same method as the subsistence rate.
             c. Per diem received is not taxable unless it is in excess of the actual cost,
                or no trip report was received by the accounting department. A 1099
                form will be issued for per diem paid for which no expense report has
                been received after 120 days following the completion of the trip.
             d. The traveler can decide whether to take the per diem rate or have the
                housing authority pay the hotel and receive a meal allowance.
             e. Per diem will not be provided for lodging if the Housing Authority
                provides housing, including housing provided during modernization
                of employee-owned housing.
      36.5   Advances and Settlement
             All employees are entitled to an advance equal to 100% of the anticipated
             cost for meals and lodging. A trip report will be completed and signed by
             the traveler and Executive Director upon completion of travel and before
             reimbursement. The trip report will contain departure and arrival dates,
             departure from and to duty stations, advances, receipts of all expenses
             incurred; with a brief report of the purpose of trip and outline of what
             transpired during the trip. A travel request must be completed and
             approved before a travel advance check is issued.
      36.6   Meetings, Conventions, Conferences, and Seminars
             Attendance at conferences, conventions, meetings, seminars, institutes, or
             workshops shall be limited to the number of persons essential for
             adequate coverage as determined by the Executive Director or designee.
             When more than one traveler is authorized to attend a meeting, travel
             authorization documents and trip reports shall provide a statement of
             justification regarding the need for multiple coverage.
      36.7   Allowable Costs
             The policies and expense limitations outlined herein shall apply to all out-
             of-town travel costs and per diem allowances. Expenses in connection
             with authorized travel for attendance of Commissioners, employees and
             village representatives at conferences, conventions, and committee


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            meetings of organizations that have a broad interest in housing activities
            at a National, Regional, or Local level are allowable costs. Also allowable
            are costs incurred for out-of-town travel for attendance at training
            conferences, seminars, institutes, or workshop meetings. However,
            attendance at these latter meetings must have as a goal to provide training
            in the attendee’s respective field, professional development or for the
            improvement of operational efficiency.
     36.8   Registration Fees and Meals
            Project costs may include registration fees for representatives of the local
            agency at meetings, conventions, and seminars in accordance with the
            policies set forth above. The amount of such registration fee must not
            exceed the specific fee covering attendance at a particular meeting,
            convention, seminar, or conference and shall not be in lieu of periodic
            membership dues and fees. Charges must be supported by copies of the
            official agenda and a paid receipt for the registration fee. Project costs
            shall not include that portion of the registration fee covering meals for
            personnel who receive per diem in lieu of subsistence.
     36.9   Expenses for Meetings: Food Costs
            Charges to project costs of expenses for holding regular or special local
            agency business meetings shall be limited to the rental of meeting rooms
            where adequate free space is not available, and to transportation costs of
            those persons whose attendance is necessary. In addition, project costs
            may include food costs when local public practice permits payment for
            food at such meetings, provided:
            a. Minutes of the meeting are recorded or documented by a copy of the
               minutes and/or agenda.
            b. Food costs are reasonable and are incurred in conformity with an
               officially adopted policy at the local agency for the convening of
               meetings at which food is to be served.
            c. Food costs do not exceed for each person the price of meals regularly
               served by local establishments for periodic group meetings.
            d. Each voucher for food served at such meetings is specifically approved
               by the local agency, governing body, or, if the local agency is a
               municipality, by the chief executive officer of the organizational unit
               administering the program activities. The cost of meals for guests of
               the local agency whose attendance is not necessary to the conduct of
               local agency operations is not allowable as a group cost.
     36.10 Housing Authority Vehicle Use
            a. All operators of any Bristol Bay Housing Authority vehicle(s) shall be
               employees, Commissioners or visiting consultants (attorneys,
               accountants, auditors, computer technicians, etc.)
            b. All operators of any Housing Authority vehicle(s) must have a valid
               drivers license in their possession at all times when operating the
               vehicle.
            c. Personal use of Housing Authority vehicle(s) will be limited to the
               Executive Director and others as determined by the Executive

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                Director, and will be permitted for employees, Commissioners or
                visiting consultant’s approval in accordance with the following
                conditions:
                (1) Personal use shall be reimbursed to the housing authority at the
                    current Internal Revenue Code mileage rate.
                (2) The Housing Authority Commissioners and Executive Director
                    have priority use of the vehicle(s) at all times.
      36.11 Air Travel by Key Personnel
             To reduce the risk of the simultaneous loss of key BBHA personnel and
             Commissioners in the event of a plane crash, there shall be restrictions on
             the persons who will be allowed to travel on the same plane. These
             restrictions are as follows:
             a. The Executive Director and the Deputy Director shall not travel on the
                same plane;
             b. The Chairman and the Vice-Chairman shall not travel on the same
                plane; and
             c. Not more than three (3) Commissioners shall travel on the same
                plane.
             Although this policy is in the best interests of the organization, it is
             inevitable that certain persons may be inconvenienced from time to time
             as a result of having to wait for a second plane, or by having to travel
             earlier than desired. The decision as to who travels on the first or
             subsequent planes shall be made by the Executive Director for the staff,
             and by the Chairman (or the Vice-Chairman in the absence of the
             Chairman) for the Commissioners.


37. Sexual Harassment Policy
      37.1   Statement of Policy
             Sexual harassment violates federal and human rights, and is a form of
             sexual discrimination that is illegal under Title VII of the Civil Rights Act
             of 1964. Retaliation against an individual for making a complaint of
             sexual harassment is also considered to be sexual discrimination and is
             likewise illegal. Bristol Bay Housing Authority is committed to providing
             and promoting an atmosphere in which employees can realize their
             maximum potential in the workplace. Toward this end, all employees
             must understand that sexual harassment will not be tolerated, and that
             they are required to abide by the following policy.
             37.1.1   Definition of Sexual Harassment
                      Quid Pro Quo Harassment. Unwelcome sexual advances,
                      requests for sexual favors, and other verbal and physical conduct
                      of a sexual nature by one in a position of power or influence
                      constitutes “quid pro quo sexual harassment” when 1)
                      submission by an individual is made either an explicit or implicit
                      term or condition of employment, or 2) submission to or
                      rejection of such conduct is used as a basis for employment


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                     decisions affecting that employee. As defined here, “quid pro
                     quo sexual harassment” normally arises in the context of an
                     authority relationship. This relationship may be direct as in the
                     case of a supervisor and subordinate or it may be indirect when
                     the harasser has the power to influence others who have
                     authority over the victim.
                     Hostile Environment Harassment. Unwelcome sexual
                     advances, requests for sexual favors, and other verbal and
                     physical conduct of sexual nature constitute “hostile
                     environment sexual harassment”. Such conduct is directed
                     toward an individual because of his or her gender and has the
                     purpose or effect of 1) creating an intimidating, hostile, or
                     offensive work environment, or 2) unreasonably interfering with
                     another’s work performance. Generally, a single sexual joke,
                     offensive epithet or request for a date does not constitute hostile
                     environment sexual harassment; however, being subjected to
                     such jokes, epithets or requests repeatedly may constitute hostile
                     environment sexual harassment.
            In determining whether alleged sexual harassing conduct warrants
            corrective action, all relevant circumstances, including the context in
            which the conduct occurred, will be considered.
     37.2   Confidentiality
            Bristol Bay Housing Authority will do everything consistent with
            enforcement of this policy and with the law to protect the privacy of the
            individuals involved and to ensure that the complainant and the accused
            are treated fairly. Information about individual complaints and their
            disposition is considered confidential and will be shared only on a “need
            to know” basis.
     37.3   Responsibility of Supervisory Personnel
            All employees of Bristol Bay Housing Authority have a general
            responsibility to contribute in a positive way to the work environment that
            is free of sexual harassment. Supervisory personnel, however, have
            additional responsibilities. Supervisory personnel are directed to take all
            appropriate steps to prevent and stop sexual harassment in their areas of
            responsibility. Supervisory personnel who are contacted by an individual
            seeking to file a complaint about sexual harassment shall assist the
            complainant in contacting the appropriate personnel.
     37.4   Complaint Procedures
            a. Individuals who believe they are victims of sexual harassment in their
               working environment are encouraged to respond to the alleged
               harasser directly, by objecting and by requesting that the unwelcome
               behavior stop. Employees who do not feel this method to be
               appropriate or effective may seek assistance or intervention from their
               supervisor.
            b. Employees should report complaints of sexual harassment to their
               immediate manager/supervisor. Employees who believe for any
               reason that they cannot effectively communicate their concern


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                through this channel may consult the Executive Director, or if
                conflicts exist at that level as well, employees may consult the Board of
                Commissioners.
             c. As noted earlier in this policy, it is Bristol Bay Housing Authority’s
                primary goal to prevent or stop sexual harassment whenever it occurs.
                Therefore, an informal process by which sexual harassment
                complaints can be resolved has been adopted. If informal resolution
                fails to resolve the matter to the complainant’s satisfaction, the
                complainant may file a formal complaint at any time. Any employee
                who believes that she or he has been subjected to sexual harassment
                may elect to proceed informally or by filing a formal complaint.
      37.5   Option 1: Informal Resolution
             37.5.1   Procedure
                      Under the informal process, the complainant brings the
                      complaint, either verbally or in writing, to a supervisor with
                      authority over the person against whom the complaint is
                      directed. The supervisor is expected to review the complaint and
                      explore avenues of resolution with the complainant. Bristol Bay
                      Housing Authority recognizes that it must balance the
                      complainant’s right of privacy and the need to be fair to the
                      alleged offender by notifying him or her of the allegation. The
                      supervisor has the discretion to determine when the situation
                      requires notification of an alleged offender. The supervisor also
                      has the discretion to determine whether the complaint warrants
                      a meeting, either with the complainant and the alleged offender
                      together or with them separately. Finally, the supervisor has the
                      discretion to determine whether investigation of the complaint
                      requires interviewing other persons who may have witnessed the
                      behavior in question.
             37.5.2   Time Requirement
                      Supervisors should attempt to resolve complaints expeditiously,
                      but consistent with the severity or complexity of the matter. It is
                      expected that the informal resolution process be completed
                      within three weeks after receipt of the complaint.
             37.5.3   Reporting
                      The supervisor shall maintain a written record of the complaint
                      and the informal resolution process undertaken, taking care to
                      preserve the privacy rights of both the complainant and the
                      alleged offender.
      37.6   Option 2: Formal Resolution
             37.6.1   Procedure
                      Any employee who believes that she or he has been subjected to
                      sexual harassment has the option to file a formal complaint with
                      a supervisor. A formal complaint involves the submission of a
                      written statement describing the incident or incidents as
                      completely as possible. Once a complaint has been filed, the


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                      person against whom the complaint is filed will be notified. The
                      following investigation will include interviews with the
                      complainant(s), the alleged offender, and anyone else who might
                      have information that would be helpful. Based on this
                      investigation, any facts found will be documented and the
                      supervisor will complete a written resolution.
            37.6.2 Appeal to Executive Director
                      If the complainant or alleged offender does not agree with the
                      supervisor’s resolution, an appeal may be filed with the Executive
                      Director. Appeals must be filed within ten days from the date
                      notification of the resolution is received. All facts and
                      recommendations will be submitted to the Executive Director,
                      who shall in turn take whatever actions he or she believes to be
                      necessary to resolve the situation.
            37.6.3 Appeal to BOC
                      Following the appeal, should the matter remain unresolved to
                      the satisfaction of the complainant or alleged offender, a further
                      appeal may be made to the Board of Commissioners. The
                      decision of the Board shall constitute the last internal appeal.
                      Any subsequent complaints external to the BBHA shall be at the
                      discretion of the complainant.
            37.6.4 Complaints against Executive Director
                      If the alleged offender is the Executive Director, the matter will
                      be referred directly to the Board of Commissioners.
     37.7   External Actions
            In addition to Bristol Bay Housing Authority’s channels, a person who
            believes that he or she has been sexually harassed may file a charge under
            the various jurisdictions of the Alaska Civil Rights Commission, the Equal
            Employment Opportunity Commission, or the U.S. Office of Civil Rights.


38. Internet & Network Use
     Access to Bristol Bay Housing Authority’s local area network and the Internet is
     an opportunity that brings with it certain responsibilities. Employees may be
     subject to a loss of network privileges and/or disciplinary action if the following
     guidelines are not observed:
     a. Users should respect the privacy of others. Users shall not intentionally
        obtain copies or modify files, passwords, or data belonging to others. Using
        another’s account without their knowledge is prohibited.
     b. All users must respect the legal protection provided by copyright license to
        programs, books, articles, data, etc. This includes making illegal copies of
        software.
     c. Users must respect the integrity of computing systems; for example no one
        should develop programs that harass other users, or attempt to infiltrate a
        computer or computing system. Users must avoid any activity that may


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           destroy or harm the data/files of others. Nor should users trespass in other’s
           folders, files or documents.
      d. Neither advertising for profit nor campaigning for political office is allowed
         through the network. Using the network for commercial purposes is
         prohibited.
      e. Users must respect the rights of other individuals and not use language that is
         abusive, profane, or offensive. Access of pornographic material on the
         Internet is prohibited.
      f.   Electronic mail is not a private or secure method of communication. Personal
           or confidential information regarding employees or clients must not be
           included in email messages.
      g. Passwords are not to be used by unauthorized individuals. Individuals given
         the company’s passwords will assume responsibility for the use of those
         passwords. If a staff member feels there is a security problem on the network
         or misuse of a password the matter should be reported to their supervisor.
      h. All must abide by existing Federal and State laws in force regarding electronic
         communication. This includes but is not limited to accessing information
         without authorization, giving out passwords, or causing a system to
         malfunction.




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              IV. FINANCIAL MANAGEMENT

39. Property Accountability
     39.1   Property Accountability
            Personal Property requires accountability to prevent loss, waste or
            destruction. Personal Property can be broadly divided into three classes:
            a. Items of property that can usually be used only once, or are consumed
               in use over a period of time, or lose their identity because of
               incorporation into something else (e.g., repair parts).
            b. Equipment costing less than $5,000 generally having a useful life of
               one year or less.
            c. Equipment costing $5,000 or more generally having a use full of
               greater than one year.
     39.2   Accounting for Materials and Supplies
            The method used for the accounting and control of materials and supplies
            shall be based on sound principles of accounting and property
            management. It shall include provisions for:
            a. a physical inspection to confirm that items were received in good
               working order and correct quantities;
            b. proper custodial care of all materials and supplies in inventory to
               prevent misuse, waste, damage, or pilferage where it is cost-beneficial
               to do so; and
            c. charging the cost of materials and supplies used to the correct
               contract, organizational unit, or enterprise by or for which such
               materials and supplies are actually used where direct identification is
               cost-beneficial.
            The physical inventory method shall be used for recording material and
            supplies costs in the accounting system. The physical inventory method
            charges the cost of materials and supplies to expense when received and
            no records are maintained for items received and issued.
     39.3   Accounting for Non-capital Equipment
            a. Non-capital equipment held in stock pending issuance to construction
               projects shall be accounted for in the same manner as materials and
               supplies.
            b. It is the policy of the Bristol Bay Housing Authority to safeguard non-
               capital equipment from damage, waste or pilferage. Non-capital
               equipment will be released to a responsible individual on issuance of a
               receipt that will be returned when the equipment is returned in
               satisfactory condition. Items of equipment charged out shall be
               periodically checked against custodial receipts. Management shall
               evaluate differences between the receipts and the physical inventory
               on a periodic basis and appropriate action shall be taken as necessary.


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      39.4   Accounting for Capital Equipment
             When acquired with resources tracked in governmental fund types,
             capital equipment shall be:
             a. recorded at cost as an expenditure in the purchase period;
             b. recorded at cost as equipment in the General Fixed Asset Account
                Group in the purchase period; and
             c. noted on the equipment ledger.
             The property ledger shall be maintained so that regular reconciliations
             between the property subsidiary ledger and the General Fixed Asset
             Account Group are possible. A capital equipment number and tag shall be
             issued for every item costing $5,000 or greater and the numbers shall be
             recorded in the property ledger. The property ledger shall for each item
             contain the following information:
             •   asset description
             •   serial number
             •   custodian
             •   location
             •   funding source
             •   cost
             Control procedures as described under the non-capital equipment
             heading shall be followed as well.


40. Capitalization of Property
      The Bristol Bay Housing Authority is required to establish a policy for the
      capitalization of property for financial control purposes under generally accepted
      accounting principles. “Property” includes the cost of land, buildings and fixtures.
      When acquired with resources tracked in governmental fund types, property shall
      be:
      a. recorded at cost as an expenditure in the purchase period;
      b. recorded at cost as property in the General Fixed Asset Account Group in the
         purchase period; and
      c. noted on the property ledger.
      All property purchased or constructed from funds granted, borrowed or donated
      for the development of a project and all property donated, granted or borrowed
      for the development of a property shall be treated as property for the purposes of
      establishing the property ledger. The property ledger shall contain the following
      information:
      •   property description
      •   project number (if applicable)
      •   custodian
      •   location


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     •   funding source
     •   cost
     The property ledger shall be periodically reconciled to property as shown in the
     General Fixed Asset Account Group.


41. Disposition Policy
     Personal property shall not be sold or exchanged for less than its fair value.
     Personal property of the value of $5,000 or more, which is not donated to a non-
     profit agency (see below), shall be sold at public sale. Recognized tribal
     governments and local governments included in the Bristol Bay Housing
     Authority service area will be offered the sale before it is offered at a public sale.
     Sales of excess personal property shall be made in the following manner:
     41.1   Less Than $5,000
            If the estimated sales value of the personal property offered for sale is less
            than $5,000, the Executive Director may negotiate a sale in the open
            market after such informal inquiry as he considers necessary to ensure a
            fair return to the Authority. The sale shall be documented by an
            appropriate bill of sale.
     41.2       $5,000 to $100,000
            For sales of $5,000 to $100,000, the Executive Director shall solicit
            informal bids orally, by telephone, or in writing from all known
            prospective purchasers and a tabulation of all such bids received shall be
            prepared and retained as part of the permanent record. The sale shall be
            documented by an appropriate bill of sale.
     41.3       $100,000 or Greater
            Sales of $100,000 or more and the award of such contract shall be made
            only after advertising for formal bids. Such advertising shall be at least 15
            days prior to award of the sales contract and shall be by advertisement in
            newspapers or circular letters to all prospective purchasers. In addition,
            notices shall be posted in public places. Bids shall be opened publicly at
            the time and place specified in the advertisement. A tabulation of all bids
            received shall be prepared and filed with the contract as a part of the
            permanent record. The award shall be made to the highest bidder as to
            price.
     41.4   Sale to Public Body
            Subject to the Donations Policy described below, the sale of personal
            property to a public body for public use may be negotiated at no more
            than its fair value. The transfer shall be documented by an appropriate bill
            of sale.
     41.5   Destruction, Abandonment or Donation
            a. The Executive Director shall make every effort to dispose of excess
               personal property as outlined above. However, if the property has no
               scrap or salvage value and a purchaser cannot be found, a statement
               shall be prepared by the Executive Director listing the prospective


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                 bidders solicited and all other efforts made to sell the property,
                 together with recommendations as to the manner of disposition. A
                 copy of the complete documentation in support of the destruction,
                 abandonment, or donation, shall be retained as a part of the
                 permanent records.
             b. Personal property removed from an abandoned unit will be stored for
                a period of not less than thirty days. Immediately upon storage of the
                property, the family will be notified by certified letter and, if the letter
                is returned, a notice will be placed in the local newspaper. If the
                property is not claimed during the thirty-day storage period, it will be
                donated and/or disposed of at the discretion of the BBHA.
      41.6   Disposition of Computer Equipment
             Excess computers with a value of less than $5,000 may be disposed of
             using the following procedures:
             41.6.1    Employee Use
                      The Executive Director may execute a sale of used computers
                      with employees at the depreciated value of the computer. A bill
                      of sale will be recorded, and payment must be made in full at the
                      time of execution of the sale.
             41.6.2    Destruction of computers that contain confidential files
                      a. No computer or server that contains confidential client
                         information will be offered for sale or disposition under any
                         section of this disposition policy. In that earlier technologies
                         did not allow for centralization of such data into a database
                         program (which is now the case), such earlier computers
                         shall be destroyed as eradication of confidential information
                         on the hard drives cannot be assured.
                      b. Excess computers not disposed of in accordance with the
                         above procedures shall be disposed of in accordance with
                         other provisions of the Disposition Policy.
      41.7   Donations Policy
             41.7.1    Donation of equipment
                      Property, capital equipment, non-capital equipment, and
                      materials and supplies that are no longer of service to the
                      housing authority may be donated to a non-profit agency (with
                      preference given to tribes within the region), provided that
                      approval be obtained from the Executive Director or designee
                      (all donations) and Board of Commissioners ( real property
                      only). Donations of property or capital equipment should occur
                      only after it is determined by the Executive Director or designee
                      that a ready-market does not exist for the asset(s) or that it
                      would not be cost-beneficial for the housing authority to prepare
                      the asset for resale. In determining the beneficiary, preference
                      shall be given to non-profit agencies that are: (1) formally
                      organized, (2) located within the geographic region served by the
                      housing authority and (3) whose mission is to serve the people


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                     served by the housing authority. All donations shall be evidenced
                     by a document that:
                     a. Describes the asset,
                     b. Identifies the recipient non-profit, as well as its mailing
                         address and phone number,
                     c. Specifies the individual taking custody of the asset,
                     d. Describes the non-profit’s service region and beneficiaries,
                     e. Contains written authorization of the donation, and
                     f. Indicates the historic cost of the donated asset (capital asset
                         only)
                     Supporting documentation (if any) should be attached to the
                     document and the document should be retained by the Executive
                     Director or designee.
            41.7.2   Service Donations Received
                     Donated or volunteer services may be furnished to the BBHA by
                     professional and technical personnel, consultants, and other
                     skilled and unskilled labor. The value of these services is not
                     reimbursable either as a direct or indirect cost. However, the
                     value of donated services may be used to meet cost sharing or
                     matching requirements in accordance with the provisions of the
                     Common Rule.


42. Operating Budgets
     The BBHA shall develop and maintain an operating budget for each program for
     each fiscal year. Internal budgets shall be prepared at the discretion of and
     according to the format prescribed by the Executive Director. In addition,
     program budgets shall be prepared according to the requirements of individual
     programs and submitted to the appropriate agency(ies). The Board of
     Commissioners shall review and approve all budgets by resolution. Thereafter,
     the Executive Director shall have management control at the Fund level.


43. MEPA Investment
     a. BBHA does not collect MEPA payments under NAHASDA, but does maintain
        a separate MEPA ledger for each homebuyer of MEPA paid prior to the
        enactment of NAHASDA. The funds held by BBHA on behalf of the
        homebuyer shall be invested in investment securities and other obligations as
        determined by the housing authority to be consistent with the welfare of
        homebuyer. Income earned on the investments of such funds shall
        periodically, but at least annually, be prorated and credited to each
        homebuyer's equity account in proportion to the amount in each such account
        on the date of pro-ration.
     b. BBHA may use a portion of the homebuyer's equity account for low-income
        housing purposes provided that a reserve of homebuyer's MEPA is
        maintained. The reserve shall be at a percentage established by BBHA
        (Interest shall continue to be credited to the homebuyer's account based on


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         the MEPA balance and the rate of interest that would have been earned if the
         funds were invested).


44. Other Investments
      a. This investment Policy shall provide for all parties associated with the
         housing programs of the Housing Authority, a comprehensive statement of
         policy and action for the investment of the Housing Authority’s funds.
      b. All funds that are not needed to operate efficiently shall be invested in
         approved interest bearing accounts. All accounts must be insured or fully
         collateralized. Investment safety shall be the primary factor when
         determining the investment.
      44.1   Authorization
             The Board of Commissioners shall authorize the amount of funds to be
             invested and the investment broker with whom all funds are invested.
             Such authorization shall be documented in the Board minutes.
      44.2   Amount and Duration
             a. The investment transactions shall be determined by the Executive
                Director (or Deputy Director when acting as Executive Director) and
                the Controller, in coordination with the investment broker.
             b. The Controller shall prepare a cash forecast report that defines
                expected cash inflows and outflows on a monthly basis to project
                expected cash shortfalls and surpluses for determining investment
                amounts and timing.
             c. Investments shall be scheduled to mature to cover shortfalls in cash.
                Cash surpluses shall be invested until needed. Because Indian
                Housing Block Grant (IHBG) funds must be obligated within two
                years of award, specific IHBG funds cannot be invested in an
                instrument with a maturity of more than two years (24 CFR
                1000.58(g). At the end of the two-year period, the funds may either
                be converted to cash (if they will be needed in the near future), or
                reinvested for an additional period not to exceed two years, if the
                funds will not be needed in the near future.
      44.3   Security
             44.3.1   Limited Access
                      Access to securities storage areas shall be restricted to the
                      securities custodian and alternate. Areas accessible to the
                      general public shall not be used.
             44.3.2 Storage Facilities
                      At a minimum, storage areas shall be in rooms which lockable
                      interior doors. The storage facilities shall be locking file
                      cabinets. The minimum storage facility for highly negotiable
                      securities is a safety deposit box.




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            44.3.3 Separate Locations
                     The investment ledger shall be maintained in a location separate
                     and apart from the investments themselves, so that in the event
                     of fire, theft, or other loss, a new ledger may be prepared from
                     the investments, or the investments may be replaced, or a claim
                     filed based on the ledger. For automated ledgers, a back-up copy
                     of the ledger shall be maintained separate and apart from the
                     investments in the safety deposit box.
     44.4   Separation of Responsibilities
            The Executive Director (or Deputy Director when acting as Executive
            Director) shall be responsible for maintaining custody of all securities and
            the Controller shall be responsible for maintaining the accounting
            records.
     44.5   Maintenance
            a. Investments shall be in the name of Bristol Bay Housing Authority
               and maintained in custodian or trust accounts.
            b. An investment ledger shall be maintained by the Controller to track all
               investment activities. As a minimum, the investment register shall
               include the investment type, the interest rate, the purchase, maturity
               and sales date, the financial institution, the principal amount
               invested, the program ownership, the account number, and the
               interest payment terms. This register may be prepared in a
               spreadsheet to ease management and reporting. The records must be
               able to sort by maturity sate and program ownership.
            c. On a monthly basis the Controller or designee shall reconcile the
               investment register to the general ledger.
            d. The Controller shall ensure that all interest earned is collected and
               credited in the appropriate accounting records of the Housing
               Authority.
            e. In cases where securities are maintained, an annual physical inventory
               shall be taken of securities on hand and matched against the
               investment register.
     44.6   Eligible Instruments
            a. Direct Obligations of the Federal Government Backed by the Full
               Faith and Credit of the United States:
               •   U.S. Treasury Bills
               •   U.S. Treasury Notes
               •   U.S. Treasury Bonds
            b. Obligations of Federal Government Agencies:
               •   Federal Financing Bank (FFB)
               •   Government National Mortgage Association (GNMA), Mortgage-
                   Backed Securities (GNMA I and GNMA II)
               •   GNMA Participation Certificates


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                •     Maritime Administration Merchant Marine Bonds, Notes and
                      Obligations
                •     Small Business Administration (SBA), Small Business Investment
                      Corporation (SBIC) Debentures Tennessee Valley Authority (TVA)
                      Power Bonds and Notes
             c. Securities of Government -Sponsored Agencies:
                •     Farm Credit Consolidated System-Wide Discount Notes
                •     Federal Farm Credit Banks Consolidated System-Wide Bonds
                •     Federal Home Loan Banks Consolidated Obligations - Bonds, Notes, and
                      Discount Notes
                •     FHLMC Mortgage Participation Certificate (PC) (Guaranteed)
                •     FHLMC Collateralized Mortgage Obligations (CMOs)
                •     Federal National Mortgage Association (FNMA) Debentures
                •     FNMA Notes
                •     FNMA Short-Term Discount Notes
                •     FNMA Capital Debentures
                •     Student Loam Marketing Associations (SLMA) Obligations - Floating
                      Rate and Master Notes, The Series E and F Floating Rate Notes, and
                      Zero Coupon Bonds
             d. Other Organizations and Financial Institutions
                •     Demand and Savings Deposits
                •     Money-Market Deposit Accounts
                •     Municipal Depository Fund
                •     Super NOW Accounts
                •     Certificates of Deposit
                •     Repurchase Agreements
                •     Sweep Accounts
                •     Separate Trading of Registered Interest and Principal of Securities
                •     Mutual Funds
      44.7   Investment Brokers
             44.7.1     Primary Broker
                       With the exception of local reserves described below, the BBHA
                       shall use a primary investment broker selected using the
                       competitive proposals method of procurement described in the
                       BBHA Procurement Policy. The primary selection factors shall
                       be security, cost and yield.




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           44.7.2 Local Reserves
                  So that the BBHA's maintains an ability to transfer cash and
                  continue business in an orderly fashion in the event of a national
                  or other emergency, and because of the need to have financial
                  redundancy in terms of having liquid assets available to meet
                  immediate needs, the BBHA shall keep a minimum amount of
                  funds invested with a local bank, to the extent that investment
                  funds exist. The amount of such reserves shall not exceed $1
                  million without the approval of the Board of Commissioners.




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BBHA Policies – Procurement                                                          127



                  V. PROCUREMENT POLICY

45. General Provisions
     45.1   Purpose
            The purpose of this Statement of Procurement Policy is to: provide for
            the fair and equitable treatment of all persons or firms involved in
            purchasing by the Bristol Bay Housing Authority; assure that supplies,
            services, and construction are procured efficiently, effectively, and at the
            most favorable prices available to the Bristol Bay Housing Authority;
            promote competition in contracting; provide safeguards for maintaining a
            procurement system on quality and integrity; and assure that Bristol Bay
            Housing Authority purchasing actions are in full compliance with
            applicable Federal standards, HUD regulations, and State tribal, and local
            laws; ensure goods and materials purchased are properly stored and
            inventoried; develop system controls to ensure adequate safeguards to
            prevent loss, damage or theft or property; ensure to the greatest extent
            possible employment and training opportunities for residents, individuals
            or firms.
     45.2   Application
            a. This Statement of Procurement Policy (Statement) applies to all
               contracts for the procurement of supplies, services, and construction
               entered into by the Bristol Bay Housing Authority after the effective
               date of this Statement. It shall apply to purchasing, irrespective of the
               source of funds, including contracts which do not involve an
               obligation of funds (such as concession contracts); however, nothing
               in this Statement shall prevent the Bristol Bay Housing Authority
               from complying with the terms and conditions of any grant, contract,
               gift, or bequest that is otherwise consistent with law.
            b. When both HUD and non-Federal funds are used for a project, the
               work to be accomplished with the funds should be separately
               identified, and HUD's Indian preference regulations must be applied
               to the work financed by HUD. If it is not possible to separate the
               funds, then HUD's Indian preference regulation shall be supplied to
               the total project. The term "procurement," as used in this Statement,
               includes both contracts and modifications (including change orders)
               for construction or services, as well as purchase, lease, or rental of
               supplies and equipment.
     45.3   Retention of Procurement Records
            Pursuant to 24 C.F.R. 1000.552, all financial and programmatic records,
            supporting documents, statistical records, to include litigation, claims,
            negotiation, audits and reports of grantees or sub-grantees are required to
            be retained for a period of three years after the date BBHA submits to
            HUD the annual performance report that covers the last expenditures of
            gross funds under a particular grant. The records shall be retained for a
            longer period under 24 C.F.R. 1000.552 ( c ) if applicable.


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46. Procurement Authority & Administration
      46.1   Contracting Officer
             All procurement transactions shall be administered by the Contracting
             Officer, who shall be the Executive Director who may delegate such
             authority to the Deputy Director for Development and Modernization
             Contracts, as appropriate.. Contracts under $100,000 may be executed by
             the Executive Director. Contracts of $100,000 or more must be executed
             by the BOC Chairman and/or Vice Chairman. Checks, drafts and
             transfers drawn on all BBHA, LIHTC and other project accounts may be
             signed by the Executive Director and Deputy Director for amounts under
             $100,000. All checks, drafts and transfers drawn on all BBHA, LIHTC
             and other project accounts of $100,000 or more must be signed by the
             Chairman or Vice Chairman, or other member of the Board if the
             Chairman and/or Vice Chairman are unavailable.
             The Executive Director or his/her designee shall ensure that:
             a. Procurement requirement are subject to an annual planning process
                to assure efficient and economical purchasing;
             b. Contracts and modifications are in writing, clearly specifying the
                desired supplies, services, or construction, and are supported be
                sufficient documentation regarding the history of the procurement,
                including as a minimum the method of procurement chosen, the
                selection of the contract type, the rationale for selecting or rejecting
                offers, and the basis for the contract price;
             c. For procurement other than small purchases, public notice is given of
                each upcoming procurement at least 21 days before a solicitation is
                issued; responses to such notice are honored to the maximum extent
                practical; a minimum of 21 days for main construction contracts and
                10 days (or other time period if required by State tribal, or local law)
                for other contractors is provided for preparation and submission of
                bids or proposals; and notice of contract awards is made available to
                the public within 60 days after bid opening;
             d. Solicitation procedures are conducted in full compliance with Federal
                standards stated in 24 C.F.R. 85.36 and the Indian preference
                requirements and methods of procurement at 24 C.F.R. 1000.52 to
                the maximum extent feasible.
             e. An independent cost estimate is prepared before solicitation issuance
                and is appropriately safeguarded for each procurement above the
                small purchase limitation, and a cost or price analysis is conducted of
                the responses received for all procurement;
             f.   Contract award is made to the responsive and responsible bidder
                  offering the lowest price, consistent with Indian preference
                  requirements (for sealed bid contracts) or contract award is made to
                  the offeror whose proposal offers the greatest value to the Bristol Bay
                  Housing Authority, considering price, technical, and other factors as
                  specified in the solicitation, including Indian preference (for contracts
                  awarded based on competitive proposals); unsuccessful firms are


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                 notified within ten days (or other time period required by State, tribal,
                 or local law) after Contract award;
            g. There are sufficient unencumbered funds available to cover the
               anticipated cost of each procurement before contract award or
               modification (including change orders), work is inspected before
               payment, and payment is made promptly for contract work performed
               and accepted;
            h. Procedures for inventory control, storage and protection of goods and
               supplies, and issuance of, or other disposition of, supplies and
               equipment are established in accordance with sound accounting
               principles;
            i.   The Bristol Bay Housing Authority complies with applicable HUD
                 review requirements, as provided in the operational procedures
                 implementing this Statement.
            j.   Effective contract administration and monitoring of contractor's
                 performance is adequately supervised to provide the BBHA with the
                 greatest value for its contract dollar.
     46.2   Policy Administration
            This Statement and any later changes shall be submitted to the Board of
            Commissioners for approval. The Board appoints and delegates
            procurement authority and management control at the Fund level to the
            Executive Director, and is responsible for ensuring that any policies
            adopted are appropriate for the Bristol Bay Housing Authority.


47. Procurement Methods
     47.1   Selection of Method
            When satisfying its needs by procurement, the Bristol Bay Housing
            Authority shall choose one of the following procurement methods, based
            on the nature and anticipated dollar value of the total requirement, and
            with consideration to the following factors.
            47.1.1    Indian Preference
                      (a) The Bristol Bay Housing Authority shall to the greatest extent
                          feasible provide preference to Indian-owned economic
                          enterprises and Indian Organizations and shall, to the extent
                          feasible, maintain and/or refer to lists of qualified Indian
                          supply sources. The Bristol Bay Housing Authority shall
                          require a statement from all contractors agreeing to provide
                          Indian preference in subcontracting, training, and
                          employment, and shall specify the method to be used. The
                          Bristol Bay Housing Authority shall document its efforts in
                          providing Indian preference. If no quotations are solicited or
                          received from Indian-owned economic enterprises or Indian
                          organizations, Bristol Bay Housing Authority shall document
                          the procurement file with the reasons for the lack of Indian
                          participation. The Housing Authority shall use one of the


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                  following three methods in order to ensure that preference is
                  given:
                  (i)      Certify to HUD that the policies and procedures
                           adopted by the recipient will provide preference in
                           procurement activities consistent with the
                           requirements of section 7 (b) of the Indian Self-
                           Determination and Education Assistance Act (25
                           U.S.C. 450 e (b)) (An Indian preference policy which
                           was previously approved by HUD for a recipient will
                           meet the requirements of this section); or
                  (ii)     Advertise for bids or proposals limited to qualified
                           Indian organizations and Indian-owned enterprises;
                           or
                   (iii)     Use a two stage preference procedures, as follows:
                           Stage 1. Invite or otherwise solicit Indian-owned
                           economic enterprises to submit a statement of intent to
                           respond to a bid announcement or request for
                           proposals limited to Indian-owned firms
                           Stage 2. If responses are received from more than
                           one Indian enterprise found to be qualified, advertise
                           for bids or proposals limited to Indian organizations
                           and Indian-owned economic enterprises.
               (b) If the Housing Authority selects a method that results in
                   fewer than two responsible qualified organizations
                   submitting a bid, then the Housing Authority shall:
                  (i)      Re-advertise the contract, using any of the methods
                           described in this section; or
                  (ii)     Re-advertise the contract without limiting the
                           advertisement for bids or proposals to Indian
                           organizations and Indian-owned economic
                           enterprises; or
                  (iii)    If one approvable bid or proposal is received, accept
                           the bid if it meets one of the conditions for non-
                           competitive proposals.
      47.1.2   Petty Cash Purchases
               By adoption of this policy, the BBHA Commissioners authorize
               the establishment of petty cash accounts at each site not to
               exceed $200 each or $1,000 in the aggregate. Small purchases
               under $200 that can be satisfied by local sources may be
               processed through the use of a petty cash account. The
               Contracting Officer shall ensure that: the account is established
               in an amount sufficient to cover small purchases made during a
               reasonable period (e.g., one week); security is maintained and
               only authorized individuals have access to the account; the
               account is periodically reconciled and replenished by submission


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                     of a voucher to the Bristol Bay Housing Authority Executive
                     Director; and, the account is periodically audited by the
                     Executive Director or designee to validate proper use and to
                     verify that the account total equals cash on hand plus the total of
                     accumulated vouchers.
            47.1.3   Change Imprest Checking Account
                     This account is to be a checking account with a maximum
                     balance of $5,000. The checks on this account are to be used
                     only to make change for tenant and homebuyer payments. The
                     maximum allowable check to be issued on this account is $1,000.
                     The account will require two signatures, both of which may be
                     administrative staff. This account is to be used in the event a
                     tenant or homebuyer brings in a check issued to them which they
                     wish to endorse to the Housing Authority for payment of rent or
                     their monthly house payment, and requires a refund amount of
                     up to $1,000 maximum.
            47.1.4   General
                     Any procurement not exceeding $100,000 may be conducted in
                     accordance with the small purchase procedures authorized in
                     this section. Contract requirements shall not be artificially
                     divided so as to constitute a small purchase under these policies.
     47.2   Small Purchases of $100,000 or Less.
            47.2.1   General
                     At the Bristol Bay Housing Authority's option, the Bristol Bay
                     Housing Authority may elect to use small purchase procedures in
                     accordance with HUD regulations (24 C.F.R. 85.36 (d)(1).
            47.2.2 Obtaining Quotes
                     The Bristol Bay Housing Authority shall solicit price quotations
                     by phone, letter, fax, email, the internet, or other informal
                     procedure that allows participation by a reasonable number of
                     competitive sources. When soliciting quotations, the Bristol Bay
                     Authority shall inform the sources solicited of the specific item
                     being procured, the time by which quotations must be submitted,
                     and the information required to be submitted with each
                     quotation. The Bristol Bay Housing Authority shall obtain
                     written quotations; however, the written quotation may be a
                     confirmation of a previous oral quotation only if it is submitted
                     within 10 days of the oral quotation or by the due date for
                     submitting quotations. The names, addresses, and/or telephone
                     numbers of the offerors and persons contacted, and the date and
                     amount of each quotation shall be recorded and maintained as a
                     public record.
            47.2.3 Competition
                     The Bristol Bay Housing Authority shall attempt to obtain
                     quotations from a minimum of three qualified sources and
                     document the procurement file with a justification whenever it


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132                                                        BBHA Policies – Procurement


                      has been unable to obtain at least three quotations. Solicitation
                      of fewer than three sources is acceptable if the Bristol Bay
                      Housing Authority has attempted but has been unable to obtain
                      a sufficient number of quotations. The sole quotation received
                      may be accepted only in unusual circumstances (such as an
                      emergency threatening public health and safety).
             47.2.4 Award
                      (a) Award Based on Price. For small purchases awarded
                          based on price and fixed specifications (i.e., not subject to
                          negotiation) the Bristol Bay Housing Authority shall make
                          award to the qualified Indian-owned economic enterprise or
                          organization with the lowest responsive quotation if it is
                          reasonable and no more than 10 percent higher than the
                          lowest responsive quotation received. If no responsive
                          quotation from a qualified Indian-owned economic
                          enterprise or organization is within 10 percent of the lowest
                          responsive quotation from any qualified source, then award
                          shall be made to the source with the lowest quotation.
                      (b) Award Based on Factors Other Than Price. For small
                          purchases to be awarded based on factors other than price, a
                          formal solicitation (request for proposals or request for
                          quotations) shall be issued, including evaluation factors and
                          a rating system to evaluate each proposal or quotation. The
                          solicitation shall identify all evaluation factors, including cost
                          or price. The solicitation shall reserve 15 percent of the total
                          evaluation points for providing Indian preference. Award
                          shall be made to the best proposal or quotation in accordance
                          with the stated rating system.
                      (c) Air Transportation. In consideration of the frequency and
                          potential dangers associated with bush air travel encountered
                          as a job requirement of BBHA employees; BBHA employees
                          will be permitted to select the air carrier of their choice and
                          will further be encouraged to proceed with or cancel travel
                          arrangements based on their perception of weather
                          conditions.
                           NOTE: In the instance of aircraft charter, selection of air
                           carrier will be based on economics/time/availability factors.
      47.3   Sealed Bids
             47.3.1   General
                      The Bristol Bay Housing Authority shall use the procurement
                      method of sealed bids in accordance with HUD regulations (24
                      C.F.R. 85.36 (d) (2).
             47.3.2 Conditions for Use
                      Contracts shall be awarded based on competitive sealed bidding
                      if the following conditions are present; a complete, adequate, and
                      realistic specification or purchase description is available; two or
                      more responsible bidders are willing and able to compete


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                    effectively for the work; the procurement lends itself to a firm
                    fixed price contract; and the selection of the successful bidder
                    can be made principally on the basis of price. Sealed bidding is
                    the preferred method for construction and modernization
                    procurement. For professional services contracts, sealed bidding
                    should not be used.
           47.3.3 Solicitation and Receipt of Bids.
                    (a) Issuance and Amendment. An invitation for bids shall
                        be issued including specifications and all contractual terms
                        and conditions applicable to the procurement. Any
                        amendments to the invitation shall be in writing, and if it is
                        necessary to issue an amendment within seven days of the
                        bid opening, the bid opening shall be postponed until at least
                        seven days after the issuance of the amendment. The
                        invitation for bids shall state the time and place for both the
                        receipt of bids and the public bid opening. All bids received
                        shall be time-stamped but not opened and shall be stored in a
                        secure place until bid opening. A bidder may withdraw its bid
                        at any time prior to bid opening.
                    (b) Restricting Solicitations. The invitation many be
                        restricted to qualified Indian-owned economic enterprises
                        and Indian organizations if the Bristol Bay Housing
                        Authority has reasonable expectation of receiving the
                        required minimum number of bids from them (see 5a below).
                        The Bristol Bay Housing Authority shall solicit bids from
                        non-Indian as well as Indian-owned economic enterprises
                        and Indian organizations if: The BBHA decides not to
                        restrict the solicitation; or, and insufficient number of
                        qualified Indian-owned economic enterprises or
                        organizations submit responsive bids in response to a
                        solicitation; or, a single bid is not accepted.
           47.3.4 Bid Opening
                    Bids shall be opened publicly and in the presence of at least one
                    witness. An abstract of bids shall be recorded and the bids shall
                    be available for public inspection.
           47.3.5   Award
                    Award shall be made as provided in the invitation for bids by
                    written notice to the successful bidder, as follows:
                    (a) Restricted Solicitations. If the solicitation is restricted to
                        Indian-owned economic enterprises and organizations, and
                        two or more (or a greater number determined by the Bristol
                        Bay Housing Authority and stated in the invitation) qualified
                        Indian-owned economic enterprises or organizations submit
                        responsive bids, award shall be made to the qualified
                        enterprise or organization with the lowest responsive bid. If
                        equal low bids are received, award shall be made by drawing
                        lots or similar random method, unless otherwise provided in
                        State, tribal, or local law. If fewer than the minimum number


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134                                               BBHA Policies – Procurement


                 of qualified Indian-owned economic enterprises or
                 organizations submit responsive bids, all bids shall be
                 rejected, and the Bristol Bay Housing Authority shall cancel
                 the solicitation and re-solicit, inviting bids from non-Indian
                 as well as Indian-owned economic enterprises and
                 organizations. The Bristol Bay Housing Authority may accept
                 a single bid received from a responsible bidder, subject to
                 HUD approval, in unusual circumstances, such as if the
                 Bristol Bay Housing Authority determines that, based on a
                 cost or price analysis, the bid price is fair and reasonable, or
                 the Bristol Bay Housing Authority determines that the delay
                 of re-soliciting would subject the project to higher
                 construction costs.
             (b) Unrestricted Solicitations. If the solicitation is not
                 restricted to Indian-owned economic enterprises and
                 organizations, award shall be made to the qualified Indian-
                 owned economic enterprise or organization with the lowest
                 responsive bid, if that bid is within the maximum total
                 contract price established for the specific project or activity
                 being solicited, and the bid is within the range specified in 24
                 C.F.R. 85.36(4) and shown in the Attachment to this
                 Statement. If equal low bids are received from qualified
                 Indian-owned economic enterprise or organizations, award
                 shall be made by drawing lots or similar random method,
                 unless otherwise provided in State, tribal, or local law. If no
                 responsive bid by a qualified Indian-owned economic
                 enterprise or organization is within this range, award shall be
                 made to the lowest responsible, responsive bidder.
      47.3.6 Mistakes in Bids
             (a) Correction or withdrawal of inadvertently erroneous bids
                 may be permitted, where appropriate, before bid opening by
                 written or telegraphic notice received in the office designated
                 in the invitation for bids prior to the time set for bid opening.
                 After bid opening, corrections in bids shall be permitted only
                 if the bidder can show by clear and convincing evidence that
                 a mistake of a nonjudgmental character was made, the nature
                 of the mistake, and the bid price actually intended. A low
                 bidder alleging a nonjudgmental mistake may be permitted
                 to withdraw it's bid if the mistake is clearly evident on the
                 face of the bid document but the intended bid is unclear or
                 the bidder submits convincing evidence that a mistake was
                 made.
             (b) All decisions to allow correction or withdrawal of bid
                 mistakes shall be supported by a written determination
                 signed by the Contracting Officer. After bid opening, no
                 changes in bid prices or other provisions of bids prejudicial
                 to the interest of the Bristol Bay Housing Authority or fair
                 competition shall be permitted.




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BBHA Policies – Procurement                                                         135


     47.4   Competitive Proposals
            47.4.1   General
                     The Bristol Bay Housing Authority shall use the procurement
                     method of competitive proposals in accordance with HUD
                     regulations 24 C.F.R. 85.36 (3)
            47.4.2 Conditions for Use
                     Competitive proposals (including turnkey proposals for
                     development) may be used if there is an adequate method of
                     evaluating technical proposals and where the Bristol Bay
                     Housing Authority determines that conditions are not
                     appropriate for the use of sealed bidding. An adequate number of
                     qualified sources shall be solicited.
            47.4.3 Solicitation.
                     (a) General. The request for proposals (RFP) may be restricted
                         to qualified Indian-owned economic enterprises and Indian
                         organizations if the Bristol Bay Housing Authority ha a
                         reasonable expectation of receiving offers from two (or a
                         greater number stated in the RFP) such entities. The Bristol
                         Bay Housing Authority shall solicit proposals for non-Indian
                         as well as Indian-owned economic enterprises and Indian
                         organizations if: the Bristol Bay Housing Authority prefers
                         not to restrict the RFP; or, and insufficient number of
                         qualified Indian-owned economic enterprises or Indian
                         organizations satisfactorily respond to a restricted RFP; or, a
                         single proposal is received but not accepted. A mechanism for
                         fairly and thoroughly evaluating the technical and price
                         proposals shall be established before the solicitation is
                         issued. Proposals shall be handled so as to prevent disclosure
                         of the number of offerors, identity of the offerors, and the
                         contents of their proposals.
                     (b) Evaluation Factors. The RFP shall clearly identity the
                         relative importance of price and other evaluation factors and
                         subfactors, including the weight given to each technical factor
                         and subfactor. Bristol Bay Housing Authority shall reserve 15
                         percent of the total number of available rating points in
                         unrestricted solicitations for the provision of Indian
                         preference in the award of contracts and subcontracts, and
                         up to an additional 10 percent for evaluation of the offeror's
                         statement regarding training and employment of Indians.
                         The proposals shall be evaluated only on the criteria stated in
                         the request for proposals.
            47.4.4 Negotiations
                     In those situations where negotiations are deemed necessary,
                     negotiations shall be conducted with offerors who submit
                     proposals determined to have a reasonable chance of being
                     selected for award, based on evaluation against the technical and
                     price factors as specified in the RFP. Such offerors shall be


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             accorded fair and equal treatment with respect to any
             opportunity for negotiation and revision of proposals. The
             purpose of negotiations shall be to seek clarification with regard
             to and advise offerors of the deficiencies in both the technical
             and price aspects of their proposals so as to assure full
             understanding of and conformance to the solicitation
             requirements. No offeror shall be provided information about
             any other offeror's proposals, and no offeror shall be assisted in
             bringing its proposal up to the level of any other proposal.
             Offerors shall not be directed to reduce their proposed prices to a
             specific amount in order to be considered for award. A common
             deadline shall be established for receipt of proposal revisions
             based on negotiations.
      47.4.5 Award
             a. After evaluation of proposal revisions, if any, the contract
                shall be awarded to the responsible firm whose
                qualifications, price and other factors considered, are the
                most advantageous to the Bristol Bay Housing Authority,
                provided that the price is within the maximum total contact
                price established for the specific project or activity.
             b. For solicitations restricted to qualified Indian-owned
                economic enterprises and Indian organizations, if two (or a
                greater number stated in the RFP) such entities submit
                acceptable proposals, award shall be made to the qualified
                Indian-owned economic enterprise or Indian organization
                with the best proposal, provided that the price is within the
                maximum total price established for the specific project or
                activity. If fewer then this number of Indian-owned economic
                enterprises or Indian organizations submits acceptable
                proposals and re-solicits without restricting the RFP to
                qualified Indian-owned economic enterprises and Indian
                organizations. The Bristol Bay Housing Authority may accept
                the sole proposal received, subject to HUD approval, in
                unusual circumstances, such as when the Bristol Bay
                Housing Authority determines that the delays caused by re-
                soliciting would cause higher costs, or where the Bristol Bay
                Housing Authority determines that the proposal has a fair
                and reasonable price.
      47.4.6 Architect/Engineer Services
             Architect/Engineer services in excess of the small purchase
             limitation (or less if required by State, tribal, or local law) may be
             obtained by either the competitive proposals method or
             qualifications-based selection procedures, unless State law
             mandates the specific procedure. Sealed bidding shall not be
             used to obtain architect/engineer services. Under qualification-
             based selection procedures, competitors’ qualifications are
             evaluated and the most qualified competitor is selected, subject
             to the negotiation of fair and reasonable compensation.



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     47.5   Noncompetitive Proposals
            47.5.1   Conditions for Use
                     Procurement shall be conducted competitively to the maximum
                     extend possible. Procurement by non competitive proposals may
                     be used only when the award of a contract is not feasible using
                     small purchase procedures, sealed bids, or competitive
                     proposals, and one of the following applies:
                     (a) An emergency exists that seriously threatens the public
                         health, welfare, or safety, or endangers property, or would
                         otherwise cause serious injury to the Bristol Bay Housing
                         Authority, as may arise by reason of a flood, earthquake,
                         epidemic, riot, equipment failure, or similar event. In such
                         cases, there must be an immediate and serious need for
                         supplies, services, or construction such that the need cannot
                         be met through any other procurement methods, and the
                         emergency procurement shall be limited to those supplies,
                         services, or construction necessary to meet the emergency; or
                     (b) Only one source of supply is available, and the Contracting
                         Officer so certifies in writing; or
                     (c) After solicitation of a number of sources, competition is
                         determined inadequate; or
                     (d) HUD specifically authorizes the use of noncompetitive
                         proposals.
            47.5.2   Justification
                     All procurement based on noncompetitive proposals shall be
                     supported by a written justification for using such procedures.
                     The justification shall be approved in writing by the Contracting
                     Officer.
            47.5.3   Price Reasonableness
                     The reasonableness of the price for all procurement based on
                     noncompetitive proposals shall be determined by performing a
                     costs analysis, as described in paragraph 46.6.3 below.
     47.6   Cost and Price Analysis
            47.6.1   General
                     A cost or price analysis shall be performed for all procurement
                     actions, including contract modifications. The method of analysis
                     shall be determined as follows. The degree of analysis shall
                     depend on the facts surrounding each procurement.
            47.6.2 Submission of Cost or Pricing Information
                     If the procurement is based on noncompetitive proposals, or
                     when only one offer is received, or for other procurement as
                     deemed necessary by the Bristol Bay Housing Authority (e.g.,
                     when contracting for professional, consulting, or
                     architect/engineer services) the offeror shall be required to
                     submit:


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                      (a) A cost breakdown showing projected costs and profit;
                      (b) Commercial pricing and sales information, sufficient to
                          enable the Bristol Bay Housing Authority to verify the
                          reasonableness of the proposed price as a catalog or market
                          price of a commercial product sold in substantial quantities
                          to the general public; or
                      (c) Documentation showing that the offered price is set by law or
                          regulations.
             47.6.3 Cost Analysis
                      Cost analysis shall be preformed if an offeror/contractor is
                      required to submit a cost breakdown as part of its proposal.
                      When a cost breakdown is submitted; a cost analysis shall be
                      performed of the individual cost elements; the Board of
                      Commissioners shall have a right to audit the contractor's books
                      and records pertinent to such costs; and profit shall be analyzed
                      separately. Costs shall be allowable only to the extent that they
                      are consistent with applicable Federal cost principles (for
                      commercial firms, Subpart 31.2 of the Federal Acquisition
                      Regulation, 48 C.F.R. Chapter 1). In establishing profit, the
                      Bristol Bay Housing Authority shall consider factors such as the
                      complexity and risk of the work involved, the contractor's
                      investment and productivity, the amount of subcontracting, the
                      quality of past performance, and industry profit rates in the area
                      for similar work.
             47.6.4 Price Analysis
                      A comparison of prices shall be used in all cases other than those
                      described in 46.6.3 above.
      47.7   Cancellation of Solicitations
             a. An invitation for bids, request for proposals, or other solicitation may
                be canceled before offers are due if: The Bristol Bay Housing
                Authority no longer requires the supplies, services or construction; or,
                the Bristol Bay Housing Authority can no longer reasonably expect to
                fund the procurement; or, proposed amendments to the solicitation
                would be of such magnitude that a new solicitation would be
                desirable; or similar reasons.
             b. A solicitation may be canceled and all bids or proposals that have
                already been received may be rejected if: the supplies, services, or
                construction are no longer required; or ambiguous or otherwise
                inadequate specifications were part of the solicitation; or the
                solicitation did not provide for consideration of all factors of
                significance to the Bristol Bay Housing Authority; or prices exceed
                available funds and it would not be appropriate to adjust quantities to
                come within available funds; or there is reason to believe that bids or
                proposals may not have been independently arrived at in open
                competition, may have been collusive, or may have been submitted in
                bad faith; or a condition for canceling a solicitation and re-soliciting,
                as specified in this policy, is met; or for good cause of a similar nature
                when it is in the best interest of the Bristol Bay Housing Authority.

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            c. The reasons for cancellation shall be documented in the procurement
               file and the reasons for cancellation and/or rejection shall be provided
               upon request to any offeror solicited.
            d. A notice of cancellation shall be sent to all offerors solicited and, if
               appropriate, shall explain that they will be given an opportunity to
               compete on any re-solicitation or future procurement of similar items.
            e. For solicitations that are not restricted to Indian-owned economic
               enterprises or Indian organizations, if all otherwise acceptable bid
               received in response to an invitation for bids are at unreasonable
               prices, or only one bid is received and the price is unreasonable, the
               Bristol Bay Housing Authority shall cancel the solicitation and either:
               (i) re-solicit using a request for proposals; or
               (ii)    complete the procurement by using the competitive proposals
                       method, following paragraphs 46.4.3 and 46.4.4 above (when
                       more than one otherwise acceptable bid has been received), or
                       by using the noncompetitive proposals method and following
                       paragraph 46.5.2 above (when only one bid is received at an
                       unreasonable price); provided, that the Contracting Officer
                       determines in writing that such action is appropriate, all
                       bidders are informed of the Bristol Bay Housing Authority's
                       intent to negotiate, and each responsible bidder is given a
                       reasonable opportunity to negotiate.
     47.8   Cooperative Purchasing
            The Bristol Bay Housing Authority may enter into State and local inter-
            governmental agreements to purchase or use common goods and services.
            The decision to use an intergovernmental agreement or conduct a direct
            procurement shall be based on economy and efficiency. If used, the
            intergovernmental agreement shall stipulate who is authorized the
            purchase on behalf of the participating parties and shall specify
            inspection, acceptance, termination, payment, and other relevant terms
            and conditions. The Bristol Bay Housing Authority is encouraged to use
            Federal or State excess and surplus property whenever such use is feasible
            and reduces project costs.


48. Contractor Qualifications and Duties
     48.1   Contractor Responsibility
            Procurement shall be conducted only with responsible contractors, i.e.,
            those who have the technical and financial competence to perform and
            who have a satisfactory record of integrity. Before awarding a contract,
            the Bristol Bay Housing Authority shall review the proposed contractor's
            ability to perform the contract successfully, considering factors such as
            the contractor's integrity (including a review of the List of Parties
            Excluded from Federal Procurement and Non-procurement Programs
            published by the U.S. General Services Administration), compliance with
            public policy, record of past performance (including contracting previous
            clients of the contractor, such as other housing authorities), and financial,


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            administrative, and technical capability to perform contract work of the
            size and type involved and within the time provided under the contract. If
            a prospective contractor is found to be non-responsible, a written
            determination of non-responsibility shall be prepared and included in the
            contract file, and the prospective contractor shall be advised of the
            reasons for the determination.
      48.2 Suspension and Debarment
            Contracts shall not be awarded to debarred, suspended, or ineligible
            contractors. The IHA may suspend or debar a contractor under State,
            local or tribal laws, as applicable.
      48.3 Qualified Bidder's Lists
            Interested businesses shall be given an opportunity to be included on
            qualified bidder's lists. Any pre-qualified lists of persons, firms, or
            products which are used in the procurement of supplies and services shall
            be kept current and shall include enough qualified sources to ensure
            competition. Lists of pre-qualified Indians, Indian enterprises, or Indian
            organizations may be maintained by the BBHA. Firms shall not be
            precluded from qualifying during the solicitation period. Solicitation
            mailing lists of potential contractors shall include, but not be limited to,
            such qualified suppliers.
      48.4 Bonds
            48.4.1 Development Contracts
                     In addition to the other requirements of this Statement, for
                     construction contracts greater than $100,000 for development
                     projects, the successful bidder shall be required to submit one of
                     the following forms of assurance, in accordance with the
                     approved method set forth in the solicitation, within 10 days
                     after the prescribed contract forms are presented for signature
                     (24 C.F.R. 85.36):
                     (a) A performance and payment bond for 100 percent of the total
                         contract price; or
                     (b) A cash escrow deposited with the BBHA of not less than 20
                         percent of the total contract price, subject to reduction, with
                         the approval of HUD, during the warranty period
                         commensurate with potential risk; or
                     (c) An irrevocable letter of credit for 25 percent of the total
                         contract price, unconditionally payable upon demand of the
                         BBHA, subject to reduction, with the approval of HUD,
                         during the warranty period commensurate with potential
                         risk; or
                     (d) An irrevocable letter of credit for 10 percent of the total
                         contract price and compliance with the procedures for
                         monitoring and disbursements provided by the contractor, as
                         approved by HUD.
                     The solicitation shall indicate which of the above methods is
                     permitted.



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49. Types of Contracts, Clauses, and Contract
    Administration
     49.1   Contract Types
            Any type of contract (pricing arrangement) which is appropriate to the
            procurement and which will promote the best interests of the BBHA may
            be used, provided that the cost-plus-a-percentage-of-cost and percentage
            of construction cost methods are prohibited. All procurement shall
            include the clauses and provisions necessary to define the rights and
            responsibilities of the parties and shall be in the HUD-approved form of
            contract. A cost reimbursement contract shall not be used unless it is
            likely to be less costly or it is impracticable to satisfy the BBHA’s needs
            otherwise, and the proposed contractor's accounting system is adequate
            to allocate costs in accordance with applicable cost principles (for
            commercial firms, Subpart 31.2 of the Federal Acquisition Regulation
            (FAR), found in 48 C.F.R. Chapter 1). A time and material contracts may
            be used only if a written determination is made that no other contract
            types is suitable, and the contract includes a ceiling price that the
            contractor exceeds at its own risk.
     49.2   Options
            Options for additional quantities or performance periods may be included
            in contracts, provide that:
            a. the option is contained in the solicitation;
            b. the option is a unilateral right of the BBHA;
            c. the contract states a limit on the additional quantities and the overall
               term of the contract;
            d. the options are evaluated as part of the initial competition;
            e. the contract states the period within which the options may be
               exercised;
            f.   the options may be exercised only at the price specified in or
                 reasonably determinable from the contract; and
            g. the options may be exercised only if determined to be more
               advantageous to the BBHA than conducting a new procurement
     49.3   Required Clauses
            In addition to containing a clause identifying the contract type, all
            contracts shall include any clauses required by Federal statutes, executive
            orders, and their implementing regulations, as provided in 24 C.F.R.
            85.36 (i), such as the following:
            a. Administrative, contractual, or legal remedies in instances where con
               tractors violate or breach contract terms, and provide for such
               sanctions and penalties as may be appropriate. (Contracts more than
               the simplified acquisition threshold)




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      b. Termination for cause and for convenience by the grantee or sub
         grantee including the manner by which it will be effected and the basis
         for settlement. (All contracts in excess of $10,000)
      c. Compliance with Executive Order 11246 of September 24, 1965,
         entitled ‘‘Equal Employment Opportunity,’’ as amended by Executive
         Order 11375 of October 13, 1967, and as supplemented in Department
         of Labor regulations (41 CFR chapter 60). (All construction con tracts
         awarded in excess of $10,000 by grantees and their contractors or sub
         grantees)
      d. Compliance with the Copeland ‘‘Anti Kickback’’ Act (18 U.S.C. 874) as
         supplemented in Department of Labor regulations (29 CFR part 3).
         (All con tracts and sub-grants for construction or repair)
      e. Compliance with the Davis Bacon Act (40 U.S.C. 276a to 276a–7) as
         supplemented by Department of Labor regulations (29 CFR part 5).
         (Construction contracts in excess of $2000 awarded by grantees and
         sub-grantees when required by Federal grant program legislation)
      f.   Compliance with Sections 103 and 107 of the Contract Work Hours
           and Safety Standards Act (40 U.S.C. 327–330) as supplemented by
           Department of Labor regulations (29 CFR part 5). (Construction
           contracts awarded by grantees and sub-grantees in excess of $2000,
           and in excess of $2500 for other contracts which involve the
           employment of mechanics or laborers)
      g. Notice of awarding agency requirements and regulations pertaining to
         reporting.
      h. Notice of awarding agency requirements and regulations pertaining to
         patent rights with respect to any discovery or invention which arises
         or is developed in the course of or under such contract.
      i.   Awarding agency requirements and regulations pertaining to copy
           rights and rights in data.
      j.   Access by the grantee, the sub grantee, the Federal grantor agency, the
           Comptroller General of the United States, or any of their duly
           authorized representatives to any books, documents, papers, and
           records of the con tractor which are directly pertinent to that specific
           contract for the purpose of making audit, examination, excerpts, and
           transcriptions.
      k. Retention of all required records for three years after grantees or sub
         grantees make final payments and all other pending matters are
         closed.
      l.   Compliance with all applicable standards, orders, or requirements
           issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)),
           section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order
           11738, and Environ mental Protection Agency regulations (40 CFR
           part 15). (Contracts, sub contracts, and sub-grants of amounts in
           excess of $100,000).
      m. Mandatory standards and policies relating to energy efficiency which
         are contained in the state energy conservation plan issued in


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               compliance with the Energy Policy and Conservation Act (Pub. L. 94–
               163, 89 Stat. 871).
            In all required clauses are not included on HUD forms, then the Bristol
            Bay Housing Authority shall attach any additional clauses to the HUD
            forms used in contract documents. The operational procedures required
            by Section 45.1 of this statement shall contain the text of all clauses and
            required certifications (such as required non-collusive affidavits) used by
            the Bristol Bay Housing Authority. Bristol Bay Housing Authority shall
            include the contract clauses and solicitation notices for Indian preference
            described in Section 51.1.c, below.
     49.4   Contract Administration
            a. A contract administration system designed to insure that contractors
               perform in accordance with their contracts shall be maintained.
            b. The operational procedures required by Section 45.1 above shall
               contain guidelines for inspection of supplies, services, or construction,
               as well as monitoring contractor performance, status reporting on
               construction contracts, and similar matters. For cost reimbursement
               contracts with commercial firms, costs are allowable only to the extent
               that they are consistent with the cost principles in FAR Subpart 31.2.


50. Specifications
     50.1   General
            All specifications shall be drafted so as to promote overall economy for the
            purposes intended and to encourage competition in satisfying the Bristol
            Bay Housing Authority's needs. Specifications shall be reviewed prior to
            solicitation to ensure that they are not unduly restrictive or represent
            unnecessary or duplicate items. Functional or performance specifications
            are preferred. Detailed product specifications shall be avoided whenever
            possible. Consideration shall be given to consolidating or breaking out
            procurement to obtain a more economical purchase (but see Section 51
            below). For equipment purchases, a lease versus purchase analysis should
            be performed to determine the most economical form of procurement.
     50.2   Limitations
            The following specification limitations shall be avoided: geographic
            restrictions not mandated or encouraged by applicable Federal law
            (except for architect-engineer contracts, which may include geographic
            location as a selection factor if adequate competition is available);
            unnecessary bonding or experience requirements; brand name
            specifications (unless a written determination is made that only the
            identified item will satisfy the Bristol Bay Housing Authority's needs);
            brand name or quality specifications (unless they list the minimum
            essential characteristics and standards to which the item must conform to
            satisfy its intended use). Nothing in this procurement policy shall
            preempt any State, tribal, or local licensing laws. Specifications shall be
            scrutinized to ensure that organizational conflicts of interest do not occur
            (for example, having a consultant perform a study of the Bristol Bay


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             Housing Authority's computer needs and then allowing that consultant to
             compete for the subsequent contract for the computers).


51. Appeals and Remedies
      51.1   General
             It is the Bristol Bay Housing Authority's policy to resolve all contractual
             issues informally at the Bristol Bay Housing Authority level, without
             litigation. When appropriate, the Bristol Bay Housing Authority may
             consider the use of informal discussions between the parties by
             individuals who did not participate substantially in the matter in dispute,
             to help resolve the differences.
      51.2   Bid Protest
             Any actual or prospective contractor may protest the solicitation or award
             of a contract for serious violations of the principles of the Statement. Any
             protest against a solicitation must be received before the due date for
             receipt of bids or proposals, and any protest against the award of a
             contract must be received within ten calendar days after contract award,
             or the protest will not be considered. All bid protests shall be in writing,
             submitted to the Contracting Officer or designee, who shall issue a written
             decision on the matter. The Contracting Officer may, at his or her
             discretion, suspend the procurement pending resolution of the protest, if
             warranted by the facts presented.
      51.3   Contract Claims
             All claims by a contractor relating to performance of a contract shall be
             submitted in writing to the Contracting Officer or designee for a written
             decision. The contractor may request a conference on the claim. The
             Contracting Officer's decision shall inform the contractor of its appeal
             rights to a higher level in the Bristol Bay Housing Authority, such as the
             Executive Director or a designated Board member, or a Procurement
             Appeals Board).
      51.4   Protests Involving Indian Preference
             Compliance arising out of any of the methods of providing for Indian
             preference shall be handled in accordance with the procedures in 24 CFR
             1000.54.


52. Assistance to Small and Other Businesses
      52.1   Required Efforts
             a. Consistent with Presidential Executive Orders 11625, 12138, and
                12432, and Section 3 of the HUD Act of 1968, the Bristol Bay Housing
                Authority shall make efforts to ensure that small and minority-owned
                businesses, women's business enterprises, labor surplus area
                businesses, and individuals or firms located in or owned in substantial
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               used when possible. Such efforts shall include, but shall not be limited
               to:
               (1)     Including such firms, when qualified, on solicitation mailing
                       lists;
               (2)     Encouraging their participation through direct solicitation of
                       bids or proposals whenever they are potential sources;
               (3)     Dividing total requirements, when economically feasible, into
                       smaller tasks or quantities to permit maximum participation
                       by such firms;
               (4)     Establishing delivery schedules, where the requirement
                       permits, which encourage participation by such firms;
               (5)     Using the services and assistance of the Small Business
                       Administration, and the Minority Business Development
                       Agency of the Department of Commerce;
               (6)     Including in contracts a clause requiring contractors, to the
                       greatest extent feasible, to provide opportunities for training
                       and employment for lower income residents of the project area
                       and to award subcontracts for work in connection with the
                       project to business concerns which are located in, or owned in
                       substantial part by persons residing in the area of the project,
                       as described in 24 C.F.R. 135; pursuant to Section 3 of HUD
                       Act of 1968; and
               (7)     Requiring prime contractors, when subcontracting is
                       anticipated, to take the positive steps listed in A1a through A1f
                       above.
            b. Goals may be established by the Bristol Bay Housing Authority
               periodically for participation by small businesses, minority-owned
               businesses, women's business enterprises, labor surplus area
               businesses, and business concerns which are located in, or owned in
               substantial part by persons residing in the area of the project, in the
               Bristol Bay Housing Authority's prime contracts and subcontracting
               opportunities.
            c. Pursuant to 24 C.F.R. 1000.48, BBHA shall comply with the HUD Act
               of 1968 and HUD’s implementing regulations in 24 C.F.R. Part 135, to
               the maximum extent feasible and consistent with, but not in
               derogation of, compliance with section 7(b) of the Indian Self-
               Determination and Education Assistance Act.
     52.2   Definitions
            Small Business. A business which is: independently owned; not
            dominant in its field of operation; and not as affiliate or subsidiary of a
            business dominant in its field of operation. The size standards in 13 C.F.R.
            121 shall be used, unless the Bristol Bay Housing Authority determines
            that their use is inappropriate.
            Minority-owned Business. A business which is at least 51 percent of
            its voting stock is owned by one or more minority group members, and
            whose management and daily business operations are controlled by one

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             or more such individuals. Minority group members include, but are not
             limited to Black Americans, Hispanic Americans, Native Americans, Asian
             Pacific Americans and Asian Indian Americans, and Hasidic Jewish
             Americans.
             Woman's Business Enterprise. A business that is at least 51 percent
             owned by a woman or women who are U.S. citizens and who also control
             or operate the business.
             Labor Surplus Area. A business which, together with its immediate
             subcontractors, will incur more than 50 percent of the cost of performing
             the contract in an area of concentrated unemployment or
             underemployment, as defined by the U.S. Department of Labor in 20
             C.F.R. 654, Subpart A, and in lists of labor surplus areas published by the
             Employment and Training Administration.


53. Ethics in Public Contracting
      53.1   General
             The Bristol Bay Housing Authority shall adhere to the following code of
             conduct, consistent with applicable State or local law.
      53.2   Conflict of Interest
             BBHA shall follow the conflict of interest requirements of 24 C.F.R. 85.36
             Donated or volunteer services may be furnished to a governmental unit by
             professional and technical personnel, consultants, and other skilled and
             unskilled labor. The value of these services is not reimbursable either as a
             direct or indirect cost. However, the value of donated services may be
             used to meet cost sharing or matching requirements in accordance with
             the provisions of the Common Rule.. No employee, officer or agent of
             Bristol Bay Housing Authority shall participate directly or indirectly in the
             selection or in the award of any contract if a conflict, real or apparent,
             would be involved. Such conflict would arise when a financial or other
             interest in a firm selected for award is held by:
             a. An employee, officer or agent involved in making the award;
             b. His/her relative (including father, mother, son, daughter, brother,
                sister),
             c. His/her partner; or
             d. An organization which employs, is negotiating to employ, or has an
                arrangement concerning prospective employment of any of the above.
      53.3   Gratuities, Kickbacks, and Use of Confidential Information
             Bristol Bay Housing Authority officers, employees or agents shall not
             solicit or accept gratuities, favors, or anything of monetary value from
             contractors, potential contractors, or parties to subcontracts, and shall
             not knowingly use confidential information for actual or anticipated
             personal gain.




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     53.4   Prohibition against Contingent Fees
            Contractors shall not retain a person to solicit or secure a Bristol Bay
            Housing Authority contract for a commission, percentage, brokerage, or
            contingent fee, except for bona fide employees or bona fide established
            commercial selling agencies.




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Effective July 1, 2006
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           ADDENDUM – DESIGN STANDARDS

54. Requirement
     As required by 24 CFR 1000.156, affordable housing acquired constructed,
     rehabilitated or assisted using Indian Housing Block Grant funds must be of
     “moderate design”. This addendum establishes standards describing how BBHA
     will determine if a housing unit meets this definition.


55. Gross Area
     a. New Construction. The gross living area of the residence (excluding
        detached or semi-detached storage areas) shall not exceed the following:
                       Bedrooms                            Maximum Square Feet
                           2                                      1,100
                           3                                      1.500
                           4                                      1,650

     b. Acquisition and Rehabilitation Activities. The gross living area of
        homes acquired or rehabilitated using IHBG funds, either directly by the
        BBHA or indirectly through the use of down payment or home repair
        assistance provided to families, shall approximate the size of other homes
        occupied by other low-income families living in the general vicinity of the
        home being acquired or rehabilitated.


56. Total Cost
     The total cost to provide the housing from all sources shall not exceed 110% of the
     Total Development Cost for the area as published by HUD, plus any additional
     amounts as allowed under the IHBG program.


57. Environmental Concerns and Mitigations
     A moderate design will allow for environmental concerns and mitigations as
     described in 24 CFR Part 58 and 24 CFR 10000.18. Specific areas to be
     addressed include the following:
     •   Historic preservation
     •   Coastal zone management
     •   Endangered species
     •   Air quality
     •   Noise
     •   Floodplains and wetlands
     •   Sole source aquifers

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         •   Wild and scenic rivers
         •   Farmlands protection
         •   Explosive and flammable operations


58. Climate
      A moderate design shall take into consideration and allow for the climatic
      conditions of the region where the housing is located. Special consideration shall
      be given to the design and construction of the exterior components as they relate
      to the climate of the Bristol Bay region, including but not limited to site (grading,
      access, etc.), mechanicals (water lines, tanks, electrical service, heating systems,
      etc.), building envelope (roof, vents, siding, doors, windows, insulation, etc.) and
      foundations.


59. Comparable Housing
      As required by 24 CFR 1000.56, a moderate design is defined as housing that is
      of a size and with amenities consistent with unassisted housing offered for sale in
      the tribe’s general geographic area to buyers who are at or below the area median
      income. To meet this criteria, BBHA will periodically review the recent sales of
      homes within the region to ensure that housing constructed, rehabilitated,
      acquired or assisted using IHBG funds is comparable. Homes that do not meet
      the minimum standards described in Section 9 of this Addendum will not be
      considered for comparison purposes.


60. Local Codes, Ordinances and Standards
      A moderate design must meet or exceed all applicable local building codes,
      ordinances and standards. Homes that fail to meet these standards will not be
      considered for comparability. Designs that exceed minimum standards will be
      considered unreasonable if the estimated cost to bring the home above the
      minimum standards would make the home unaffordable for low-income families.


61. Cultural Relevance in Design
      A moderate design shall take into consideration and allow for the cultural
      esthetics of the region where the housing is located. The cost to include cultural
      considerations within the design will only be considered unreasonable if the
      estimated cost to include the design modification would make the home
      unaffordable for low-income families.


62. Minimum Design and Construction
    Features
      62.1   General statement
             This section shall describe the minimum design and construction features
             considered to be reasonable and necessary to provide decent, safe and


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            sanitary housing. The minimum housing standards consist of
            performance requirements and acceptability criteria for these key aspects
            of housing quality:
            •   Sanitary facilities;
            •   Food preparation and refuse disposal;
            •   Space and security;
            •   Thermal environment;
            •   Illumination and electricity;
            •   Structure and materials;
            •   Interior air quality;
            •   Water supply;
            •   Lead-based paint;
            •   Access;
            •   Site and neighborhood;
            •   Sanitary condition; and
            •   Smoke detectors.
     62.2   Sanitary Facilities
            62.2.1    Performance Requirements
                     The dwelling unit must include sanitary facilities located in the
                     unit. The sanitary facilities must be in proper operating
                     condition, and adequate for personal cleanliness and the disposal
                     of human waste. The sanitary facilities must be usable in privacy.
            62.2.2 Acceptability criteria
                     (a) The bathroom must be located in a separate private room
                         and have a flush toilet in proper operating condition.
                     (b) The dwelling unit must have a fixed basin in proper operating
                         condition, with a sink trap and hot and cold running water.
                     (c) The dwelling unit must have a shower or a tub in proper
                         operating condition with hot and cold running water.
                     (d) The facilities must utilize an approvable public or private
                         disposal system (including a locally approvable septic
                         system).
     62.3   Food preparation and refuse disposal
            62.3.1    Performance requirement
                     (a) The dwelling unit must have suitable space and equipment to
                         store, prepare, and serve foods in a sanitary manner.
                     (b) There must be adequate facilities and services for the
                         sanitary disposal of food wastes and refuse, including
                         facilities for temporary storage where necessary (e.g., garbage
                         cans).




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             62.3.2 Acceptability criteria
                      (a) The dwelling unit must have an oven and a stove or range,
                          and a refrigerator of appropriate size for the family. All of the
                          equipment must be in proper operating condition. Either the
                          owner or the family may supply the equipment. A microwave
                          oven may be substituted for a tenant-supplied oven and stove
                          or range. A microwave oven may be substituted for an owner-
                          supplied oven and stove or range if the tenant agrees and
                          microwave ovens are furnished instead of an oven and stove
                          or range to both subsidized and unsubsidized tenants in the
                          building or premises.
                      (b) The dwelling unit must have a kitchen sink in proper
                          operating condition, with a sink trap and hot and cold
                          running water. The sink must drain into an approvable public
                          or private system.
                      (c) The dwelling unit must have space for the storage,
                          preparation, and serving of food.
                      (d) There must be facilities and services for the sanitary disposal
                          of food waste and refuse, including temporary storage
                          facilities where necessary (e.g., garbage cans).
      62.4   Space and security
             62.4.1   Performance requirement
                      The dwelling unit must provide adequate space and security for
                      the family.
             62.4.2 Acceptability criteria
                      (a) At a minimum, the dwelling unit must have a living room, a
                          kitchen area, and a bathroom.
                      (b) The dwelling unit must have at least one bedroom or
                          living/sleeping room for each two persons. Children of
                          opposite sex, other than very young children, may not be
                          required to occupy the same bedroom or living/sleeping
                          room.
                      (c) Dwelling unit windows that are accessible from the outside,
                          such as basement, first floor, and fire escape windows, must
                          be lockable (such as window units with sash pins or sash
                          locks, and combination windows with latches).
                      (d) The exterior doors of the dwelling unit must be lockable.
                          Exterior doors are doors by which someone can enter or exit
                          the dwelling unit.
      62.5   Thermal environment
             62.5.1   Performance requirement
                      The dwelling unit must have and be capable of maintaining a
                      thermal environment healthy for the human body.
             62.5.2 Acceptability criteria
                      (a) There must be a safe system for heating the dwelling unit

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                         (and a safe cooling system, where present). The system must
                         be in proper operating condition. The system must be able to
                         provide adequate heat (and cooling, if applicable), either
                         directly or indirectly, to each room, in order to assure a
                         healthy living environment appropriate to the climate.
                     (b) The dwelling unit must not contain unvented room heaters
                         that burn gas, oil, or kerosene. Electric heaters are
                         acceptable.
     62.6   Illumination and electricity
            62.6.1   Performance requirement
                     Each room must have adequate natural or artificial illumination
                     to permit normal indoor activities and to support the health and
                     safety of occupants. The dwelling unit must have sufficient
                     electrical sources so occupants can use essential electrical
                     appliances. The electrical fixtures and wiring must ensure safety
                     from fire.
            62.6.2 Acceptability criteria
                     (a) There must be at least one window in the living room and in
                         each sleeping room.
                     (b) The kitchen area and the bathroom must have a permanent
                         ceiling or wall light fixture in proper operating condition. The
                         kitchen area must also have at least one electrical outlet in
                         proper operating condition.
                     (c) The living room and each bedroom must have at least two
                         electrical outlets in proper operating condition. Permanent
                         overhead or wall-mounted light fixtures may count as one of
                         the required electrical outlets.
     62.7   Structure and materials
            62.7.1   Performance requirement
                     The dwelling unit must be structurally sound. The structure must
                     not present any threat to the health and safety of the occupants
                     and must protect the occupants from the environment.
            62.7.2 Acceptability criteria
                     (a) Ceilings, walls, and floors must not have any serious defects
                         such as severe bulging or leaning, large holes, loose surface
                         materials, severe buckling, missing parts, or other serious
                         damage.
                     (b) The roof must be structurally sound and weather tight.
                     (c) The exterior wall structure and surface must not have any
                         serious defects such as serious leaning, buckling, sagging,
                         large holes, or defects that may result in air infiltration or
                         vermin infestation.
                     (d) The condition and equipment of interior and exterior stairs,
                         halls, porches, walkways, etc., must not present a danger of
                         tripping and falling. For example, broken or missing steps or


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                         loose boards are unacceptable.
      62.8 Interior air quality
             62.8.1 Performance requirement
                      The dwelling unit must be free of pollutants in the air at levels
                      that threaten the health of the occupants.
             62.8.2 Acceptability criteria
                      (a) The dwelling unit must be free from dangerous levels of air
                          pollution from carbon monoxide, sewer gas, fuel gas, dust,
                          and other harmful pollutants.
                      (b) There must be adequate air circulation in the dwelling unit.
                      (c) Bathroom areas must have one openable window or other
                          adequate exhaust ventilation.
                      (d) Any room used for sleeping must have at least one window. If
                          the window is designed to be openable, the window must
                          work.
      62.9   Water supply
             62.9.1   Performance requirement
                      The water supply must be free from contamination.
             62.9.2 Acceptability criteria
                      The dwelling unit must be served by an approvable public or
                      private water supply that is sanitary and free from
                      contamination.
      62.10 Lead-based paint
             The property will comply with the lead-based paint poisoning prevention
             requirements as described in 24 CFR 1000.40.
      62.11 Access
             The dwelling unit must be able to be used and maintained without
             unauthorized use of other private properties. The building must provide a
             second door as an alternative means of exit in case of fire.
      62.12 Site and Neighborhood
             62.12.1 Performance requirement
                      The site and neighborhood must be reasonably free from
                      disturbing noises and reverberations and other dangers to the
                      health, safety, and general welfare of the occupants.
             62.12.2 Acceptability criteria
                      The site and neighborhood may not be subject to serious adverse
                      environmental conditions, natural or manmade, such as
                      dangerous walks or steps; instability; flooding, poor drainage,
                      septic tank back-ups or sewage hazards; mudslides; abnormal air
                      pollution, smoke or dust; excessive noise, vibration or vehicular
                      traffic; excessive accumulations of trash; vermin or rodent
                      infestation; or fire hazards.

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     62.13 Sanitary condition
            62.13.1 Performance requirement
                    The dwelling unit and its equipment must be in sanitary
                    condition.
            62.13.2 Acceptability criteria
                    The dwelling unit and its equipment must be free of vermin and
                    rodent infestation.
     62.14 Smoke detectors
            Each dwelling unit must have at least one battery-operated or hard-wired
            smoke detector, in proper operating condition, on each level of the
            dwelling unit, including basements but excepting crawl spaces and
            unfinished attics. Smoke detectors must be installed in accordance with
            and meet the requirements of the National Fire Protection Association
            Standard NFPA) 74 (or its successor standards). If the dwelling unit is
            occupied by any hearing-impaired person, smoke detectors must have an
            alarm system, designed for hearing-impaired persons as specified in
            NFPA 74 (or successor standards).


63. Accessibility Standards
     A moderate design shall incorporate Uniform Federal Accessibility Standards as
     required under the funding program, or as required by the local community.
     Designs that exceed minimum standards will be considered unreasonable if the
     estimated cost to bring the home above the minimum standards would make the
     home unaffordable for low-income families.




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                       GLOSSARY OF TERMS

Adjusted Income. For the purposes of calculating payments under the Indian
Housing Block Grant Program, the annual income that remains after excluding the
following amounts:
       1. YOUTHS, STUDENTS AND PERSONS WITH DISABILITIES - $480 for each
          member of the family residing in the household (other than the head of the
          household or the spouse of the head of the household) who is under 18 years
          of age; OR who is:
              a.     18 years of age or older; and
              b.     a person with disabilities or a full-time student.
       2. ELDERLY AND DISABLED FAMILIES - $400 for an elderly or disabled
          family.
       3. MEDICAL AND ATTENDANT EXPENSES - The amount by which 3 percent
          of the annual income of the family is exceeded by the aggregate of:
              a.     medical expenses, in the case of an elderly or disabled family; and
              b.     reasonable attendant care and auxiliary apparatus expenses for
                     each family member who is a person with disabilities, to the extent
                     necessary to enable any member of the family (including a
                     member who is a person with disabilities) to be employed.
       4. CHILD CARE EXPENSES - Childcare expenses, to the extent necessary to
          enable another member of the family to be employed or to further his or her
          education.
       5. EARNED INCOME OF MINORS - The amount of any earned income of any
          member of the family who is less than 18 years of age.
       6. TRAVEL EXPENSES - Excessive travel expenses, not to exceed $25 per
          family per week, for employment- or education-related travel.
       7. CHILD SUPPORT PAYMENTS – the amount of monthly payments paid as
          documented by a divorce decree and/or judgment of the court.
       8. OTHER AMOUNTS - Such amounts as may be provided in the Indian
          housing plan for an Indian tribe.
Administration Charge. Related to the Mutual Help Program, the amount budgeted
per-unit per-month for operating expenses.
Affordable Housing. The term ‘affordable housing' means housing that complies with
the requirements for affordable housing under Title II of NAHASDA. The term includes
(but is not limited to) permanent housing for homeless persons who are persons with
disabilities, transitional housing, and single room occupancy housing.
Affordable Housing Activities. Activities in accordance with Section 202 of
NAHASDA, to develop or to support affordable housing for rental or homeownership, or
to provide housing services with respect to affordable housing, through the following
activities:



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      1. Indian Housing Assistance - The provision of modernization or operating
         assistance for housing previously developed or operated pursuant to a
         contract between the Secretary and an Indian Housing Authority.
      2. Development - The acquisition, new construction, reconstruction, or
         moderate or substantial rehabilitation of affordable housing, which may
         include real property acquisition, site improvement, development of utilities
         and utility services, conversion, demolition, financing, administration and
         planning, and other related activities.
      3. Housing Services - The provision of housing-related services for affordable
         housing, such as housing counseling in connection with rental or
         homeownership assistance, establishment and support of resident
         organizations and resident management corporations, energy auditing,
         activities related to the provision of self-sufficiency and other services, and
         other services related to assisting owners, tenants, contractors, and other
         entities, participating or seeking to participate in other housing activities
         assisted pursuant to this Section.
      4. Housing Management Services - The provision of management services
         for affordable housing, including preparation of work specifications, loan
         processing, inspections, tenant selection, management of tenant-based rental
         assistance, and management of: affordable housing projects.
      5. Crime Prevention And Safety Activities - The provision of safety,
         security, and law enforcement measures and activities appropriate to protect
         residents of affordable housing from crime.
      6. Model Activities - Housing activities under model program that are
         designed to carry out the purposes of this Act and are specifically approved by
         the Secretary as appropriate for such purpose.
Anniversary Date of Lease. Day of the year on which the Lease was initially
executed.
Annual Income. Annual Income has one of the following meanings, as determined by
the BBHA:
      1. Section 8 Definition. “Annual Income” as defined for HUD’s Section 8
         programs in 24 CFR part 5, subpart F, (except when determining the income
         of a homebuyer for an owner-occupied rehabilitation project, the value of the
         homeowner’s principal residence may be excluded from the calculation of Net
         Family assets); or
      2. Census Definition. Annual Income as reported under the Census long-
         form for the most recent available decennial Census. This definition includes:
             a.     Wages, salaries, tips, commissions, etc.
             b.      Self-employment income;
             c.     Farm self-employment income;
             d.     Interest, dividends, net rental income, or income from estates or
                    trusts;
             e.     Social security or railroad retirement;




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               f.      Supplemental security income, Aid to Families with Dependent
                       Children; or other public assistance or public welfare programs;
               g.      Retirement, survivor, or disability pensions;
               h.      Any other source of income received regularly, including Veterans
                       (VA) payments, unemployment compensation, and alimony; or
       3. IRS Definition. Adjusted gross income as defined for purposes of reporting
          under Internal Revenue Service (IRS) Form 1040 series for individual Federal
          income tax purposes.
Assistant Secretary. The Assistant Secretary for Public and Indian Housing.
Authority. An Indian Housing Authority, as defined. For the purposes of this Policy,
“Authority” shall mean the Bristol Bay Housing Authority.
Child. A member of the family, other than the head or spouse, who is under eighteen
(18) years of age.
Child Care Expense (see “Adjusted Income”). Amounts anticipated to be paid by the
Family for the care of children under 13 years of age during the period for which Annual
Income is computed, but only where such care is necessary to enable a Family member
to be gainfully employed or to further his or her education and only to the extent such
amounts are not reimbursed. The amount deducted shall reflect reasonable charges for
child care, and in the case of child care necessary to permit employment, the amount
deducted shall not exceed the amount of Income received from such employment.
Dependent. (Note: Do not use this definition when calculating rents or payments. See
definition of “Adjusted Income”.) A member of the Family household (excluding foster
children), other than the Head of Family or Spouse, who is under 18 years of age or is a
Disabled or Handicapped Person, or is a Full-Time Student.
Department or HUD. The Department of Housing and Urban Development. For the
purposes of this policy, references to “HUD” shall refer to “ONAP”, or the Office of
Native American Programs.
Designated for the Elderly or Handicapped. Any development, including any
building within a mixed-use development, that was designated for occupancy by the
elderly or handicapped at its inception, or, although not so designated, for which the
Authority gives preference in tenant selection for all units in the development, or for a
building in a mixed-use development, to elderly or handicapped families.
Dilapidated. A housing unit that does not provide safe and adequate shelter, and in its
present condition endangers the health, safety or well-being of a family; OR, the unit has
one or more critical defects, or a combination of intermediate defects in sufficient
number or extent to require considerable repair to the building. The defects may involve
original construction, or they may result from continued neglect or repair, or from
serious damage to the structure.
Displaced Person. Any person (household, business, nonprofit organization or farm)
that moves from real property, or moves his or her personal property from real property,
permanently, as a direct result of rehabilitation, demolition or acquisition for a project
assisted under NAHASDA. It includes, but is not limited to:
       1. A tenant-occupant of a dwelling unit who moves from the building/complex
          permanently after the submission to HUD of an IHP that is later approved.



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       2. Any person, including a person who moves before the date described in
          paragraph 1. above, that the recipient determines was displaced as a direct
          result of acquisition, rehabilitation, or demolition for the assisted project.
       3. A tenant-occupant of a dwelling unit who moves from the building/complex,
          permanently, after the execution of the agreement between the recipient and
          HUD, if the move occurs before the tenant is provided written notice offering
          him or her the opportunity to lease and occupy a suitable, decent, safe and
          sanitary dwelling in the same building/complex, under reasonable terms and
          conditions, upon completion of the project. Such reasonable terms and
          conditions include a monthly rent and estimated average monthly utility costs
          that do not exceed the greater of:
               a.     The tenant-occupant’s monthly rent and estimated average
                      monthly utility costs before the agreement; or,
               b.     30 percent of gross household income.
       4. A tenant-occupant of a dwelling who is required to relocate temporarily, but
          does not return to the building/complex if either:
               a.     The tenant-occupant is not offered payment for all reasonable out-
                      of-pocket expenses incurred in connection with the temporary
                      relocation, including the cost of moving to and from the
                      temporarily occupied unit, any increased housing costs and
                      incidental expenses; or
               b.     Other conditions of the temporary relocation are not reasonable.
       5. A tenant-occupant of a dwelling who moves from the building/complex after
          he or she has been required to move to another dwelling unit in the same
          building/complex in order to carry out the project, if either:
               a.     The tenant-occupant is not offered reimbursement for all
                      reasonable out-of-pocket expenses incurred in connection with the
                      move; or
               b.     Other conditions of the move are not reasonable.
Notwithstanding the provisions of paragraph 5.a. of this section, a person does not qualify
as a "displaced person" (and is not eligible for relocation assistance under the URA or
this section), if:
       1. The person moved into the property after the submission of the IHP to HUD,
          but, before signing a lease or commencing occupancy, was provided written
          notice of the project, its possible impact on the person (e.g., the person may
          be displaced, temporarily relocated or suffer a rent increase) and the fact that
          the person would not qualify as a "displaced person" or for any assistance
          provided under this section as a result of the project;
       2.      The person is ineligible under 49 CFR 24.2(g)(2).
       3. The recipient determines the person is not displaced as a direct result of
          acquisition, rehabilitation, or demolition for an assisted project. To exclude a
          person on this basis, HUD must concur in that determination.
A recipient may at any time ask HUD to determine whether a specific displacement is or
would be covered under this section.


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Domestic Violence. Actual or threatened physical violence directed against one or
more members of a family by a spouse of the member of the household.
Drug-related Criminal Activity. The illegal manufacture, sale, distribution, use, or
the possession with intent to manufacture, sell, distribute or use, of a controlled
substance (as such term is defined in Section 102 of the Controlled Substances Act).
Dwelling Unit. A Unit, as defined.
Elderly Families and Near-Elderly Families. A family whose head (or his or her
spouse), or whose sole member, is an elderly person or a near-elderly person,
respectively. Such terms include two or more elderly persons or near-elderly persons
living together, and one or more such persons living with one or more persons
determined under the Indian Housing Plan for the agency to be essential to their care or
well-being.
Elderly Person. A person who is at least 62 years of age.
Family. A family with or without children, an Elderly Family, a Near-elderly Family, a
Disabled Family, a Single Person, as determined by the BBHA.
Grant Beneficiary. The Indian tribe or tribes on behalf of which a grant is made
under NAHASDA to a recipient.
Handicapped Assistance Expenses. Reasonable expenses that are anticipated,
during the period for which Annual Income is computed, for attendant care and auxiliary
apparatus for a Handicapped or Disabled Family member, and that are necessary to
enable a Family member (including Handicapped and Disabled members) to be
employed; provided that, the expenses are neither paid to a member of the Family nor
reimbursed by an outside source.
Head of household. That adult member of the Family who is actually looked to, and
held accountable for, the Family’s needs.
Homebuyer. The member or members of a low-income family who have executed a
homebuyer (lease with an option to purchase) agreement with the BBHA and who have
not yet achieved Homeownership.
Homebuyer agreement. A Mutual Help and Occupancy Agreement (MHOA) or other
agreement by which a Family intends to achieve homeownership.
Homebuyer payment. The payment of a family purchasing a home pursuant to a
homebuyer agreement.
Homeless family. A family who is without safe, sanitary and affordable housing even
though it may have temporary shelter provided by the community; or a family who is
homeless as determined by the BBHA.
Homeowner. A former homebuyer who has achieved ownership of his or her home
and has been conveyed title to the home.
HUD. The U. S. Department of Housing and Urban Development.
IHA homeownership financing. IHA financing for purchase of a home by an
eligible homebuyer who gives the IHA a promissory note and mortgage for the balance of
the purchase price.
IHBG. Indian Housing Block Grant.
Income. Annual Income, as defined.


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IHP. Indian Housing Plan, as defined in Section 102 of NAHASDA.
Income Limits. HUD established Low and Very Low Income Limits that are used to
determine if assisted housing program applicants qualify for admission to the programs,
and are based on HUD estimates for area median family income.
Indian. Any person who is a member of an Indian tribe, as defined.
Indian area. The area within which an Indian Housing Authority is authorized to
provide low-income housing.
Indian Area. The area within which an Indian tribe operates affordable housing
programs or the area in which a TDHE is authorized by one or more Indian tribes to
operate affordable housing programs. Whenever the term ‘jurisdiction’ is used in
NAHASDA it shall mean ‘Indian Area’ except where specific reference is made to the
jurisdiction of a court.
Indian Housing Authority (IHA). An entity that is authorized to engage or assist in
the development or operation of low-income housing for Indians under the 1937 Act; and
is established either (a) by exercise of the power of self-government of an Indian Tribe
independent of State law; or (b) by operation of State law providing specifically for
housing authorities for Indians, including regional housing authorities in the State of
Alaska. For the purposes of this Policy, “IHA” or “Authority” shall refer to the Bristol
Bay Housing Authority.
Indian Tribe.
       1. In General - A tribe that is a federally recognized tribe or a State-recognized
          tribe.
       2. Federally Recognized Tribe - Any Indian tribe, band nation, or other
          organized group or community of Indians, including any Alaska Native village
          or regional or village corporation as defined in or established pursuant to the
          Alaska Native Claims Settlement Act, that is recognized as eligible for the
          special programs and services provided by the United States to Indians
          because of their status as Indians pursuant to the Indian Self-Determination
          and Education Assistance Act of 1975.
       3.     State-Recognized Tribe
              a.      In General - Any tribe, band, nation, pueblo, village or
                      community that has been recognized as an Indian tribe by any
                      State; and for which an Indian Housing Authority has, before the
                      effective date stated in Section 107 of NAHASDA, entered into a
                      contract with the Secretary pursuant to the 1937 Act for housing
                      Indian families and has received funding pursuant to such
                      contract within the 5-year period ending upon such effective date.
              b.      Conditions - Notwithstanding above, the allocation formula
                      under Section 302 of NAHASDA shall be determined by a State-
                      recognized tribe under tribal membership eligibility criteria in
                      existence on the date of the enactment of NAHASDA; and nothing
                      in this paragraph shall be construed to confer upon a State-
                      recognized tribe any rights, privileges, responsibilities, or
                      obligations otherwise accorded groups recognized as Indian tribes
                      by the United States for other purposes.
Live-In-Aide. A person who resides with an Elderly, Disabled or Handicapped Person

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(or Persons) and who (a) is determined by the Authority to be essential to the care and
well-being of the person; (b) is not obligated for support of the person; and (c) would not
be living in the unit except to provide necessary supportive services.
Low-Income Family. A Family whose Annual Income does not exceed eighty percent
(80%) of the median income for the area as determined by HUD, with adjustments for
smaller and larger families, except that the Secretary may, for purposes of this
paragraph, establish income ceilings higher or lower than 80 percent (80%) of the
median for the area on the basis of the findings of the Secretary or the agency that such
variations are necessary because of prevailing levels of construction costs or unusually
high or low family incomes.
Median Income. With respect to an area that is an Indian area, the greater of:
       1. The median income for the counties, previous counties, or their equivalent in
             which the Indian area is located, or
       2.      The median income for the United States.
Medical Expenses* (see definition of “Adjusted Income”). Those out-of-pocket
medical expenses, including medical insurance premiums, that are anticipated during
the period for which Annual Income is computed, and that are not covered by insurance.
MH Contribution. Land, labor, cash, materials, or equipment, or a combination of
these, contributed toward the development cost of a project in accordance with a
homebuyer’s MHO Agreement, credit for which is to be used toward the purchase price.
Monthly Adjusted Income. One-twelfth (1/12) of the Adjusted Income.
Monthly Equity Payments Account (MEPA). A homebuyer account credited with
the amount by which required each required monthly payment exceeds the
administration charge.
Monthly Income. One-twelfth (1/12) of the Annual Income.
NAHASDA. The Native American Housing Assistance and Self-Determination Act of
1966 (25 U.S.C. 4101 et seq.).
Near Elderly Family (see “Elderly Families and Near-Elderly Families). A Family
whose Head or Spouse (or sole member) is at least fifty (50) years of age but below the
age of sixty-two (62) years.
Near Elderly Person. A person who is at least 55 years of age and less than 62 years
of age.
Net Family Assets. The net cash value, after deducting reasonable costs that would be
incurred in disposing of real property, savings, stocks, bonds and other forms of capital
investment, excluding interest in Indian Trust land. In determining Net-Family Assets,
the value of any assets disposed of by an applicant or tenant for less than fair market
value (including disposition in trust but not in foreclosure or bankruptcy sale) during the
two (2) years preceding the date of application for the program or reexamination, as
applicable, shall be included in excess of the consideration received therefore. In the
case of a disposition as part of a separation or divorce settlement, the disposition will not
be considered to be for less than fair market value if the applicant or tenant receives
important consideration not measurable in dollar terms.
1937 Act. The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.).
Non-Elderly Family. A family whose Head of Family and/or spouse is less than 62


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years of age and neither Handicapped nor Disabled.
Nonprofit. With respect to an organization, association, corporation or other entity,
that no part of the net earnings of the entity inures to the benefit of any member,
founder, contributor or individual.
Office of Native American Programs (ONAP). The office of HUD that has been
delegated authority to administer programs under 24 CFR § 1000.
Occupancy Standards. Standards established by the Authority governing the
allowable size of Family occupying a particular size of Dwelling Unit.
Overcrowded Unit. A Unit occupied by more than the number of persons permitted
by the Authority’s Occupancy Standards.
Person with Disabilities. A person who --
       1.     Has a disability as defined in Section 223 of the Social Security Act;
       2. Has a development disability as defined in section 102 of the Development
          Disabilities Assistance and Bill of Rights Act;
       3.     Has a physical, mental or emotional impairment which --
              a.      is expected to be of long-continued and indefinite duration;
              b.      substantially impedes his or her ability to live independently; and
              c.      is of such a nature that such ability could be improved by more
                      suitable housing conditions
       4. The term “person with disabilities” includes persons who have the disease of
          acquired immunodeficiency syndrome or any condition arising from the
          etiologic agent for acquired immunodeficiency syndrome.
       5. Notwithstanding any other provision of law, no individual shall be considered
          a person with disabilities for purposes of eligibility for housing assisted under
          this part solely on the basis of any drug or alcohol dependence. The Secretary
          shall consult with Indian tribes and appropriate Federal agencies to
          implement this paragraph.
Physical, Mental or Emotional Impairment.
       1. Any physiological disorder or condition, cosmetic disfigurement, or
          anatomical loss affecting one or more of the following body systems:
          Neurological, musculoskeletal, special sense organs, respiratory, including
          speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic
          and lymphatic; skin; and endocrine; or
       2. Any mental or psychological condition, such as mental retardation, organic
          brain syndrome, emotional or mental illness, and specific learning
          disabilities.
       3. The term "physical, mental, or emotional impairment" includes, but is not
          limited to, such diseases and conditions as orthopedic, visual, speech, and
          hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy,
          multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency
          Virus infection, mental retardation, and emotional illness.
Preference. A means of ensuring that housing assistance is directed to those with
certain housing needs by providing housing or assistance to applicants in certain

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categories prior to others on the waiting list who applied earlier.
Public Assistance. Welfare or similar payments to families that are made under
programs funded by Federal, State and/or Local Governments.
Recipient. An Indian tribe or the entity for one or more Indian tribes that is authorized
to receive grant amounts under NAHASDA on behalf of the tribe or tribes.
Secretary. The Secretary of the Department of Housing and Urban Development.
Single Person. A person living alone, or intending to live alone, who does not qualify
as an Elderly Family, a Near-Elderly Family, a Displaced Person, or as the remaining
member of a tenant Family.
Single Persons Obtaining Custody. For the purpose of determining family size,
single persons, with no children, who are in the process of obtaining legal custody of a
person under eighteen (18) years of age, shall be determined a family of two or more if
there is be reasonable likelihood of the success of obtaining custody at the time of an
offer of housing. If there is not a “reasonable likelihood” of success, but the applicant is
still attempting to obtain custody, the applicant would be considered a single person. If
custody is denied after admission, the single person would still be eligible as the
remaining member of a tenant family.
Single Pregnant Woman. A single person with no children, who is pregnant as
verified by a licensed physician, is considered a two-person family instead of a single
person for purposes of waiting list priority and in determining number of bedrooms.
However, until the child is born, no deduction is given for a dependent.
Spouse. A member of the Family household who is not a Dependent but who is either
the husband or wife of the Head of Family or has established a stable Family relationship
with the Head of Family.
Stable Family Relationship. A Family relationship established by evidence that two
(2) or more persons have shared residency, income and resources for a period of not less
than one (1) year.
State. Any of the several States of the United States of America, the District of
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, Guam, the Virgin Islands, American Samoa and any other territory or
possession of the United States and Indian Tribes.
Student. Related to eligibility for the Rental Assistance Program, a person who is
enrolled in a certified educational institution, such as a vocational school with a
certificate or diploma program or an institution offering a college degree, and is
considered a full-time student under the standards and practices of the institution
attended.
Subsequent Homebuyer. Any homebuyer other than the homebuyer who first
occupies a home pursuant to a Homebuyer Agreement.
Successor. A person eligible to become a homebuyer who has been designated by a
current homebuyer to succeed to an interest under a homeownership agreement in the
event of the current homebuyer’s death, mental incapacity or for other reasons as
determined by the BBHA.
Tenant Rent. Monthly amount the Family must pay to the Authority for occupancy of
the Dwelling Unit. Tenant Rent equals the total Tenant Payment less the Utility
Allowance, if any.


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Total Development Cost. As published by HUD, the maximum amount of funds
(from all sources) that may be used to develop or acquire/rehabilitate affordable
housing.
Total Tenant Payment. The calculated monthly rent payable by the eligible Family
for occupancy of the Dwelling Unit before Utility Allowance, if any.
Tribally Designated Housing Entity (TDHE). The terms 'tribally designated
housing entity' and 'housing entity' have the following meaning:
       1. Existing IHA's- With respect to any Indian tribe that has not taken action
          under subparagraph (2), and for which an Indian housing authority:
              a.      was established for purposes of the United States Housing Act of
                      1937 before the date of the enactment of this Act that meets the
                      requirements under the United States Housing Act of 1937;
              b.      is acting upon such date of enactment as the Indian housing
                      authority for the tribe, and
              c.      is not an Indian tribe for purposes of this Act; the terms mean
                      such Indian housing authority.
       2. Other Entities- With respect to any Indian tribe that, pursuant to this Act,
          authorizes an entity other than the tribal government to receive grant
          amounts and provide assistance under this Act for affordable housing for
          Indians, which entity is established:
              a.      by exercise of the power of self-government of one or more Indian
                      tribes independent of State law, or
              b.      by operation of State law providing specifically for housing
                      authorities or housing entities for Indians, including regional
                      housing authorities in the State of Alaska, the terms mean such
                      entity.
       3. Establishment- A tribally designated housing entity may be authorized or
          established by one or more Indian tribes to act on behalf of each such tribe
          authorizing or establishing the housing entity.
Unauthorized Non-Family Resident. Occupancy of a Unit who is not a member of
the Family, as specified in the Lease, and whose presence in the Unit has not been
authorized by the Authority.
Unit. The residence (apartment, house, etc.) owned and/or managed by the Housing
Authority and rented or leased to an Eligible Family. The size of the Unit is determined
by the number of bedrooms.
Utility Allowance. Where the cost of utilities and other housing services for a
Dwelling Unit (not including telephone service) is not included in the Tenant Rent but is
the responsibility of the Family, an amount equal to the estimate, made and approved by
the BBHA, of the monthly cost of a reasonable consumption of such utilities and other
services for the Unit by an energy-conservation household of modest circumstances
consistent with the requirements for a safe, sanitary and healthful living environment.
Very Low-Income Family. A Family whose Income does not exceed fifty percent
(50%) of the median income for the area, as determined by HUD, with adjustments for
smaller or larger families.



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Violent Criminal Activity. Any criminal activity that has as one of its elements the
use, attempted use, or threatened use of physical force against a person or property of
another. The Housing Authority will take into consideration the length of time since the
last evidence of such activity, and the record of rehabilitation efforts on behalf of the
family member.
Visitor. A person temporarily residing in a Dwelling Unit with a Family for a period of
not more than fourteen (14) days during any thirty day period. Persons residing longer
than fourteen (14) days, without the prior permission of the Authority, shall be
determined to be Unauthorized Non-Family Residents. The repeated presence of
additional persons in the Unit and/or their use of the Unit for purposes such as receiving
mail or storing possessions may be cause for the Family’s assistance to be terminated.
Welfare Assistance. Welfare or other payments to families or individuals, based on
need, that are made under programs funded, separately or jointly, by Federal, State or
local governments.




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Effective July 1, 2006
BBHA Policies – Job Descriptions                            169



                                Job Descriptions


Accounts Payable Technician
Accounts Receivable/Conveyance Technician
Controller
Deputy Director
Executive Director
Finance Manager
Housing Counseling Specialist
Housing Manager
Maintenance Custodian
Payroll Technician
Planner
Procurement Technician
Project Manager – Modernization
Receptionist
Tribal Development Director
Tribal Operations Coordinator




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JOB DESCRIPTION:                    Accounts Payable Technician
PRIMARY WORKPLACE:                  BBHA Office Building
SUPERVISED BY:                      Finance Manager
SUMMARY OF FUNCTIONS:
Performs accounts payable accounting function including receiving and matching
invoices, preliminary account coding, preparation of disbursements and accounts
payable related recordkeeping.
MAJOR DUTIES AND RESPONSIBILITIES:
   1. Receives and processes vendor invoices and internal check requests; matches
      check copies to invoices. Obtains approval for payment for miscellaneous
      invoices.
   2. Codes invoices with proper account numbers for entry into the general ledger;
      determines dates for invoices to be paid; keypunches invoices into computerized
      accounts payable system. Maintains open invoice file for unpaid invoices.
   3. On a weekly basis, reviews invoices scheduled for payment and special check
      requests with Finance Manager, prints approved checks and prepares and routes
      checks for signature according to the check signing authority.
   4. Prints, verifies and maintains cash disbursement reports and journals.
   5. Attaches invoices and support to check copy and files alphabetically by vendor in
      the vendor file; maintains integrity of vendor files.
   6. Receives and answers phone calls from vendors or other departments in regard to
      payment status of invoices.
   7. Other duties as assigned.
MINIMUM REQUIREMENTS:
High school degree or GED; preferably post high school education related to position;
combination of education and experience may be substituted for education
requirements; minimum one year experience in similar position; Alaska driver’s license.




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JOB DESCRIPTION:                     A/R and Conveyance Technician
PRIMARY WORKPLACE:                   BBHA Office Building
SUPERVISED BY:                       Housing Manager
SUMMARY OF FUNCTIONS:
Performs accounts receivable functions including billing, processing of invoices and
recordkeeping.
MAJOR DUTIES AND RESPONSIBILITIES:
   1. Oversees cash receipts function to ensure proper postings to accounts receivable
      module.
   2. Prepares the daily deposit log for general ledger posting of cash receipts after
      month-end closing.
   3. Prints monthly statements and sends to tenants/homebuyers.
   4. Prints and verifies accounts receivable reports and ledgers at month-end; retains
      reports in accordance with internal record retention policies.
   5. Serves as the liaison to the software support company for resolution of problems
      associated with the utilization of accounts receivable module.
   6. Prepares and retains documentation for adjusting journal entries to tenant
      ledgers, such as: charge backs and correction of mispostings; adds/removes
      homebuyers/tenants from the accounts receivable module.
   7. Monitors homebuyer/tenant receivable balances and notifies housing
      management regarding significant variances.
   8. Monitors homebuyer equity accounts; serves as a liaison between the Executive
      Director, Accounting department, Housing Management department, attorney
      and homebuyer during conveyance period; ensures that all required steps are
      accomplished during the conveyance process by maintaining the Conveyance
      Checklist control.
   9. Oversees collections, including filing small claims and making attorney referrals.
   10. Other duties as assigned.
MINIMUM REQUIREMENTS
High school degree or GED; preferably post high school education related to position;
combination of education and experience may be substituted for education
requirements; minimum one year experience in similar position; Alaska driver’s license.




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JOB DESCRIPTION:                      Controller
PRIMARY WORKPLACE:                    BBHA Office Building / Contract Office
                                      (Anchorage)
SUPERVISED BY:                        Executive Director
SUPERVISES:                           Finance Manager
SUMMARY OF FUNCTIONS:
The chief accounting officer, with oversight of accounting, internal controls, and
financial management.
MAJOR DUTIES AND RESPONSIBILITIES:
   1. All accounting activities. To ensure that adequate controls and segregation of
      duties are in place and operating effectively and efficiently so that transactions
      are properly authorized, recorded and reported.
   2. Budgeting activities. To ensure that timely budgets are prepared for all funds and
      timely revisions are prepared and included in the computerized accounting
      system in order to facilitate the usefulness of reports to management.
   3. Costing activities. To ensure that cost allocations are in compliance with cost
      allocation requirements.
   4. Internal auditing functions. To ensure that internal controls are functioning as
      designed and are meeting the needs of the Housing Authority.
   5. Measuring the performance against previously approved plans and standards.
      Reviewing reports of budget and actual, and reviewing with respective
      management personnel.
   6. Interpreting and reporting thereon to other members of the management and
      board responsible for policy or executive action. Providing other members of
      management with reports and explaining the meaning of reports and how to read
      and use reports to assist them in being effective and efficient. Assuring that the
      Board is receiving timely financial information and reporting the results to the
      Board.
   7. Oversees investment activities with the Executive Director; manages cash flow
      and investments in accordance with BBHA Investment Policy and regulations.
   8. Other duties as assigned.
MINIMUM REQUIREMENTS
Graduate degree in Accounting; CPA preferred; combination of education and
experience may be substituted for education requirements; minimum two years
experience in similar position; Alaska driver’s license.




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JOB DESCRIPTION:                     Deputy Director
PRIMARY WORKPLACE:                   BBHA Office Building
SUPERVISED BY:                       Executive Director
SUPERVISES:                          Planner, Project Managers, Maintenance
                                     Supervisor
SUMMARY OF FUNCTIONS:
Responsible for effectively planning, directing, and coordinating all development
activities and ensuring that maintenance requirements for projects in operation are met.
MAJOR DUTIES AND RESPONSIBILITIES:
   1. Develops and implements the overall plan and timetable for development
      activity.
   2. Ensures that housing authority development projects and maintenance
      operations comply with all applicable laws and regulations and board resolutions.
   3. Monitors contractor performance for all construction contracts for compliance
      with contract provisions and applicable laws and regulations.
   4. Compares development costs and projected completion costs to budgeted project
      costs; constructs and implements corrective action as necessary.
   5. Ensures proper maintenance of all completed projects; establishes and oversees
      procedures for the effective performance of maintenance tasks.
   6. Oversees development and maintenance operations through the supervision of
      staff.
   7. Other duties as assigned.
MINIMUM REQUIREMENTS
Graduate degree in Business Administration, Public Administration or related field;
combination of education and experience may be substituted for education
requirements; minimum one year experience in similar position; Alaska driver’s license.




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JOB DESCRIPTION:                      Executive Director
PRIMARY WORKPLACE:                    BBHA Office Building
SUPERVISED BY:                        Board of Commissioners
SUPERVISES:                           Controller, Housing Manager, Tribal Development
                                      Director, Deputy Director
SUMMARY OF FUNCTIONS:
The Executive Director is responsible for the overall direction and administration of all
housing authority operations, programs and services.
MAJOR DUTIES AND RESPONSIBILITIES:
   1. Develops and maintains a positive public image between the housing authority
      and homebuyers/tenants, vendors, regulators and general public.
   2. Develops, in conjunction with department managers, plans for the growth,
      development and operations of the housing authority.
   3. Monitors and develops the annual budget for approval by the Board of
      Commissioners.
   4. Ensures that housing authority operations comply with all federal and state laws
      and regulations and board resolutions.
   5. Develops, monitors, approves and implements policies and procedures
      appropriate to the operations of the housing authority.
   6. Serves as the final authority of employee relations and personnel matters; has
      ultimate authority for all hire/fire decisions, compensation and disciplinary
      actions.
   7. Handles negotiations with outside parties on behalf of the housing authority.
   8. Oversees all operation areas of the housing authority through direct supervision
      of all managers.
   9. Provides reports on all aspects of housing authority performance as requested by
      the Board.
MINIMUM REQUIREMENTS
Graduate degree in Business Administration, Public Administration or related field;
combination of education and experience may be substituted for education
requirements; minimum one year experience in similar position; Alaska driver’s license.




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JOB DESCRIPTION:                     Finance Manager
PRIMARY WORKPLACE:                   BBHA Office Building
SUPERVISED BY:                       Controller
SUPERVISES:                          Accounts Payable Technician, Purchasing
                                     Technician, Payroll Technician, Receptionist
SUMMARY OF FUNCTIONS:
Responsible to the Controller for all day-to-day financial matters related to achieving
authority-wide financial objectives; using policies, programs and practices that ensure
the housing authority of a continuously sound financial structure. Assists in the control
of cash and maintains the integrity of funds, financial records and other documents.
MAJOR DUTIES AND RESPONSIBILITIES:
   1. To manage the cash-flow position of the housing authority. Responsibility
      includes authority to establish credit, grant draw down and purchasing policies
      and to establish schedules for the payment of bills; financial obligations and
      receipt of grant draw downs.
   2. Maintains relationships with financial institutions in conjunction with the
      Executive Director. Administers banking arrangements and loan agreements.
      Maintains adequate sources for the housing authority’s current borrowings from
      commercial banks and other lending institutions. Invests the housing authority’s
      funds as appropriate.
   3. Coordinates long-range plans, assesses the financial requirements implicit in
      these plans and develops alternative ways in which financial requirements can be
      satisfied.
   4. Ensures the maintenance of appropriate financial records and preparations of
      required financial reports, including construction project budget to actual
      reports.
   5. Reviews insurance coverage and bank collateralization for adequacy and
      adherence with internal policies, contract agreements and applicable regulations.
   6. Maintains the general ledger and all related accounts with proper documentation
      and records of all housing authority transactions; reviews entries to the general
      ledger to assure accuracy and compliance with established accounting principles.
   7. Conducts or oversees month-end closing procedures that ensure that cash and all
      subsidiary ledgers are reconciled to the general ledger.
   8. Oversees all Accounting department activities through supervision of staff.
   9. Provides advice on all financial matters to the Executive Director.
   10. Other duties as assigned.
MINIMUM REQUIREMENTS
College degree in accounting; combination of education and experience may be
substituted for education requirements; minimum one year experience in similar
position; Alaska driver’s license.



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JOB DESCRIPTION:                    Housing/Counseling Specialist
PRIMARY WORKPLACE:                  BBHA Office Building
SUPERVISED BY:                      Housing Manager
SUMMARY OF FUNCTIONS:
Assist the Housing Management and Counseling Departments with administrative
support, secretarial and clerical duties.
MAJOR DUTIES AND RESPONSIBILITIES:
   1. Act as liaison to area village councils. Responsible for operating and managing
      the local Village housing office.
   2. Provides assistance as required or as requested including typing, researching
      statistical information, and filing. Establishes and maintains records and
      documents.
   3. Coordinates all travel arrangements for the Housing staff; researches and make
      flight and hotel reservations in accordance with housing authority policies and to
      obtain most economical and efficient travel. Creates travel itinerary and
      schedules in accordance with authorized travel requests.
   4. Maintains relationships with individual homebuyers to collect information that
      complies with legal requirements.
   5. Other duties as assigned.
MINIMUM REQUIREMENTS
High school degree or GED; preferably post high school education related to position;
combination of education and experience may be substituted for education
requirements; minimum one year experience in similar position; Alaska driver’s license.




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JOB DESCRIPTION:                     Housing Manager
PRIMARY WORKPLACE:                   BBHA Office Building
SUPERVISED BY:                       Executive Director
SUPERVISES:                          Housing/Counseling Specialists, Accounts
                                     Receivable/Conveyance Specialist; Tribal
                                     Operations Coordinator (technical supervision)
SUMMARY OF FUNCTIONS:
Responsible for the coordination and operation of housing projects.
MAJOR DUTIES AND RESPONSIBILITIES:
   1. Provides timely briefings of project activities including problems encountered,
      homebuyer/tenant concerns and significant developments to Executive Director
      as necessary or as requested.
   2. Maintains sufficient knowledge of applicable laws and regulations in order to
      ensure compliance at all times. .
   3. Establishes, coordinates and administers the plan, in accordance with internal
      policy and procedures, for the control of housing operations including: eligibility
      testing procedures, waiting list maintenance, applicant selection procedures,
      tenant income recertification procedures, tenant and homebuyer transfers, move-
      in(out) orientation/check lists, receivables management and eviction procedures.
   4. Oversees all housing activities through supervision of staff.
   5. Other duties as assigned
MINIMUM REQUIREMENTS
High school degree or GED; preferably post high school education related to position;
combination of education and experience may be substituted for education
requirements; minimum one year experience in similar position; Alaska driver’s license.




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JOB DESCRIPTION:                      Maintenance Custodian
PRIMARY WORKPLACE:                    BBHA Office Building; Low Rent and Elderly
                                      Apartments
SUPERVISED BY:                        Maintenance Supervisor
SUMMARY OF FUNCTIONS:
General clean up of the office building.
MAJOR DUTIES AND RESPONSIBILITIES:
   1. Performs scheduled custodial duties and other custodial duties as necessary in
      order to ensure that the office environment and apartment buildings are safe and
      exemplify a professional appearance.
   2. Evaluates inventory reorder levels and reports needed items to Maintenance
      Supervisor or designee for supply orders.
   3. Other duties as assigned.
MINIMUM REQUIREMENTS
High school degree or GED; preferably post high school education related to position;
combination of education and experience may be substituted for education
requirements; minimum one year experience in similar position; Alaska driver’s license.




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JOB DESCRIPTION:                     Payroll Technician
PRIMARY WORKPLACE:                   BBHA Office Building
SUPERVISED BY:                       Finance Manager
SUMMARY OF FUNCTIONS:
Performs payroll accounting function including processing of bi-weekly and weekly
(Force Account) payrolls, maintenance of payroll and personal files and payroll reports.
MAJOR RESPONSIBILITIES:
   1. Establishes and maintains payroll and personnel records; ensures that all payroll
      documentation and support is retained by the housing authority in an orderly
      fashion and in conformity with internal policies and procedures and applicable
      laws and regulations.
   2. Responsible for preparation of payroll including evaluation of timesheets for
      adherence to internal policies, data entry of pay period information into the
      computerized payroll module and processing paychecks..
   3. Maintains employee computerized payroll settings and ensures that all changes
      are properly authorized in accordance with internal policies and adequately
      supported.
   4. Ensures that all required payroll reports are run for each payroll batch and that
      the reports are maintained in a manner consistent with internal policies and
      procedures.
   5. Prepares any required additional reports for reporting and tracking payroll costs.
   6. Other duties as assigned.
MINIMUM REQUIREMENTS
High school degree or GED; preferably post high school education related to position;
combination of education and experience may be substituted for education
requirements; minimum one year experience in similar position; Alaska driver’s license.




                                    Effective July 1, 2006
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JOB DESCRIPTION:                    Planner
PRIMARY WORKPLACE:                   BBHA Office Building
SUPERVISED BY:                       Deputy Director
SUMMARY OF FUNCTIONS:
Key Liaison between Housing Authority and Tribal/Village Councils with respect to
development of Community Planning efforts and HUD Part 58 Environmental
Assessments and Reviews. Responsible for maintaining Site Control file for BBHA,
including AUTOCAD and other digital geographic information system files.
MAJOR DUTIES AND RESPONSIBILITIES:
   1. Act as liaison and primary contact or technical assistance to all Village Councils
      with respect to Community Planning efforts and HUD Part 58 Environmental
      Assessments and Reviews. Assist Village Councils in preparation of exempt and
      Categorically Excluded certifications. Assist Village Councils in working with
      consultants on preparation of any required Environmental Reviews and/or
      Environmental Impact Statements.
   2. Provide technical assistance to tribes with respect to Community Planning,
      including survey techniques, sample questionnaires, data compilation and
      presentation of findings..
   3. Coordinate with their BBHA interdepartmental activities (i.e. Tribal
      Development, Construction, Environmental Assessment, Community Planning,
      etc.).
   4. Maintain site Control files for all BBHA 1937 Act and NAHASDA projects.
   5. Develop and implement digital conversion of Site Control files to AUTOCAF
      and/or other geographic information system files as appropriate, subject to
      budgetary and technical limitations.
   6. Act as primary network and computer technician for BBHA offices.
   7. Other duties as assigned
MINIMUM REQUIREMENTS
Undergraduate degree in Planning or related field; combination of education and
experience may be substituted for education requirements; minimum one year
experience in similar position; Alaska driver’s license.




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JOB DESCRIPTION:                    Procurement Technician
PRIMARY WORKPLACE:                  BBHA Office Building
SUPERVISED BY:                      Finance Manager
SUMMARY OF FUNCTIONS:
Performs procurement and purchasing function in order to ensure that purchases
conform to internal procurement policy and that required goods and services are
provided in conformity with vendor agreements and in a timely fashion.
MAJOR DUTIES AND RESPONSIBILITIES:
   1. Responsible for the maintenance, processing and reporting of all purchasing and
      procurement documents related to daily routine accounting functions.
   2. Expedites goods and services as necessary and ensures delivery of mail.
   3. Responsible for efficient purchasing of inventory, supplies, professional services
      and capital equipment for the housing authority and verification that conforming
      goods or services were tendered prior to vendor payment.
   4. Responsible for evaluating, assessing and selecting vendors based on capabilities,
      performance and consistent quality assurance. Maintains rapport and good
      working relationships with vendors; keeps accurate purchasing and vendor
      records.
   5. Evaluates inventory reorder levels for supply room and determines most
      economical purchasing of inventory.
   6. Performs other purchasing or inventory control duties as necessary or as
      requested.
   7. Prepares the daily cash deposit and verifies that the deposit amount agrees with
      the daily cash receipts report generated by the accounts receivable module;
      retains deposit support in the monthly deposit log.
   8. Other duties as assigned.
MINIMUM REQUIREMENTS
High school degree or GED; preferably post high school education related to position;
combination of education and experience may be substituted for education
requirements; minimum one year experience in similar position; Alaska driver’s license.




                                   Effective July 1, 2006
BBHA Policies – Job Descriptions                                                     183



JOB DESCRIPTION:                     Project Manager - Modernization
PRIMARY WORKPLACE:                   BBHA Office and Housing Sites
SUPERVISED BY:                       Deputy Director
SUMMARY OF FUNCTIONS:
Management of modernization force account projects from concept to completion.
MAJOR DUTIES AND RESPONSIBILITIES:
   1. Finalizes project designs and material specifications in accordance with
      applicable laws, regulations and internal policies.
   2. Assists the Deputy Director in the development and monitoring of project
      budgets.
   3. Aids in the acquisition of necessary professional services.
   4. Researches building material specifications to aid in procurement.
   5. Coordinates and monitors activities of all outside consultants and/or contractors.
   6. Supervises all Force Account laborers.
   7. Ensures that construction materials are delivered to the housing site at the
      proper time, in the proper condition and in the correct quantities.
   8. Ensures that building material inventories are adequately safeguarded during
      modernization work.
   9. Prepares and/or reviews project change requests; discusses feasibility with
      Deputy Director; develops and oversees preparation and implementation of
      change notices and document change control.
   10. Other duties as assigned.
MINIMUM REQUIREMENTS
High school diploma or GED; combination of education and experience may be
substituted for education requirements; minimum four years journeyman level
experience, including two years as supervisor; Alaska driver’s license.




                                   Effective July 1, 2006
184                                                   BBHA Policies – Job Descriptions



JOB DESCRIPTION:                      Receptionist
PRIMARY WORKPLACE:                    BBHA Office Building
SUPERVISED BY:                        Finance Manager
SUMMARY OF FUNCTIONS:
Responsible for answering telephone calls, greeting visitors, handling incoming and
outgoing mail and express envelopes, performing general office duties and furnishing
clerical support for the office staff of the housing authority.
MAJOR DUTIES AND RESPONSIBILITIES:
   1. Greets visitors in a friendly and professional manner; determines their needs,
      notifies the person(s) being visited/called and if more than a 5-minute wait is
      likely, offers and serves coffee; stays within the vicinity of the reception area at all
      times and coordinates with the Finance Manager for substituting during any
      absence.
   2. Answers telephone calls promptly and courteously; screen calls promptly,
      transfers caller to correct individual (and follows up promptly if call not
      answered); does not leave a caller on hold or unattended for more than 40
      seconds; takes complete and accurate messages when person called is unavailable
      and distributes messages in a timely manner.
   3. Receives, opens and sorts incoming mail, express envelopes and courier
      deliveries; distributes mail to employee mailboxes; delivers express envelopes
      and courier deliveries directly to recipient.
   4. Prepares and posts all outgoing mail and express envelopes daily; maintains,
      checks and refills postage meter; logs outgoing express envelopes; arranges
      courier services.
   5. Receives washer/dryer cash and rent/house payments, issues receipts using the
      computerized receivable module and makes required copies of checks received.
   6. Other duties as assigned.
MINIMUM REQUIREMENTS
High school degree or GED; preferably post high school education related to position;
combination of education and experience may be substituted for education
requirements; minimum one year experience in similar position; Alaska driver’s license.




                                     Effective July 1, 2006
BBHA Policies – Job Descriptions                                                       185



JOB DESCRIPTION:                     Tribal Development Director
PRIMARY WORKPLACE:                   Regional Office (King Salmon)
SUPERVISED BY:                       Executive Director
SUPERVISES:                          Tribal Operations Coordinator
SUMMARY OF FUNCTIONS:
Key Liaison between Housing Authority and Tribal/Village Councils with respect to
development of the Indian Housing Plan, and implementation of pass through funds
from BBHA to the Tribes. Position requires frequent and extended travel throughout
region.
MAJOR DUTIES AND RESPONSIBILITIES:
   1. Act as liaison and primary contact for technical assistance to all Village Councils.
      Responsible for working with Tribal/Village Councils in development of BBHA’s
      regional Indian Housing Plan, and formulation, implementation and processing
      of pass through funds made available to the tribes from the IHP.
   2. Develop technical assistance training seminars and provide ongoing technical
      assistance to tribes as requested by such tribes..
   3. Coordinate with other BBHA interdepartmental activities (i.e. Construction,
      Environmental Assessment, Community Planning, etc.).
   4. Monitor progress of Tribes pass through funds, process amendments as required.
      Review reports submitted quarterly, and provide technical assistance as needed
      to insure proper compliance with applicable HUD regulations.
   5. Insure integration of BBHA/Tribal IHP programs with other Tribal programs,
      such as those funded by the Dept. of Interior, Dept. of HHS, and others.
   6. Maintain relations with local agencies within villages enabling discussion of
      resources that are available to the homebuyers and tenants.
   7. Ensure the maintenance of appropriate drug elimination grant files and the
      preparation of required reports.
   8. Work with statewide Boys and Girls Club committee to maintain existing clubs
      and establish new clubs within the framework of the Alaska Rural Initiative.
   9. Other duties as assigned.
MINIMUM REQUIREMENTS
College degree in social services or other major related to position; combination of
education and experience may be substituted for education requirements; minimum two
years experience in similar position; Alaska driver’s license.




                                    Effective July 1, 2006
186                                                 BBHA Policies – Job Descriptions



JOB DESCRIPTION:                    Tribal Operations Coordinator
PRIMARY WORKPLACE:                  Regional Office (King Salmon)
SUPERVISED BY:                      Tribal Development Director and Housing Manager
                                    (technical supervision)
SUMMARY OF FUNCTIONS:
Assists Village Councils and Tribal Development Director in organizing and
implementing the IHP and promoting of local housing issues. Position requires frequent
and extended travel throughout region.
MAJOR DUTIES AND RESPONSIBILITIES:
   1. Assist in coordination of regional conferences and training for greater
      understanding of the Indian Housing programs.
   2. Assist in monitoring of villages for adherence to the Indian Housing regulations.
   3. Travel as needed to assist tribal entities in implementation of the IHP.
   4. Maintain copies of all tribal-housing programs files.
   5. Assists Housing Manager with the administration of housing programs in the
      immediate geographic area.
   6. Other duties as assigned.
MINIMUM REQUIREMENTS
High school degree or GED; preferably post high school education related to position;
combination of education and experience may be substituted for education
requirements; minimum one year experience in similar position; Alaska driver’s license.




                                   Effective July 1, 2006
BBHA Policies – Index                                                                                   187



                                                  Index
                                                            Conveyances And Conversions, 30
                                                            Cooperative Purchasing, 139
 A                                                          Cost and Price Analysis, 137
Ability to perform obligations, 5                           Cost Limits, 81
Absence Without Authorization, 105                          Counseling Program, 9
Accessibility Standards, 155                                Court Leave, 103
Administrative Leave, 105                                   Criteria for Admission, 5
Affordable Housing Activities, 79                              ability to perform obligations, 5
Amendments to Agreement, 22                                    drug-related criminal activity, 5
Annual Performance Report; Monitoring                          fraud, 5
   Responsibilities, 83                                        history of violence, 5
Annual Reexamination, 18                                       outstanding debts, 5
Apartment Management, 50                                       principle place of residence, 6
Application Process, 7
Architect/Engineer Services, 136
Assignment Of Homes, 16
                                                              D
At-Will Employees, 85                                       Demotions, 99
                                                            Design and Construction Features, 150
                                                            Development Award Procedure, 76
 B                                                          Development Methods, 71
Bereavement Leave, 105                                      Development Pool Ranking System, 75
Bid Opening, 133                                            Development Sequence, 72
Bid Protest, 144                                            Development Wage Rates, 77
Bidder's Lists, 140                                         Dismissals, 100
Bonds (assurance), 140                                      Disposition of Proceeds, 33
Bonus, 101                                                  Disposition of Property, 119
Budgets, 121                                                Donations, 120
Business Use of Home, 28                                    Down Payment Assistance Program, 46
                                                            Drug and Alcohol Testing, 92
                                                            Drug and Alcohol Use, 90
 C                                                          Drug Free Workplace Requirements, 83
                                                            Drug-related criminal activity, 5
Cancellation of Solicitations, 138
Capital Equipment (accounting for), 118
Capitalization Of Property, 118                               E
Certification Process, 17
Change Imprest Checking Account, 131                        Education, 106
Changes in Employment Status, 99                            Eight-Stage Model Of Development, 72
Closing Costs, 32                                           Elderly Family, 2
Collections, 35                                             Elgibility Determination
Compensation, 100                                              family determined eligible, 7
Competitive Proposals, 135                                  Eligibility, 2
computers that contain confidential files, 120              Eligibility Determination, 7
Confidential Information, 146                                  family determined ineligible, 8
Conflict of Interest, 146                                   Employee Conduct, 86
Conflict of Interest - Development, 82                      Environmental Review Requirements, 82
Contingent Fees, 147                                        Ethics In Public Contracting, 146
Contracting Officer, 128
Contractor Qualifications And Duties, 139
Contractor Responsibility, 139
                                                              F
Contracts - Appeals And Remedies, 144                       Failure to Report Income Changes, 21
Contracts - Required Clauses, 141                           Family Composition, 2
Contracts, Clauses, And Contract Administration, 141        Family Responsibilities (maintenance), 42
Conversion from Homeownership to Low Rent (37               Flexible Work Hours, 101
   Act Only), 34                                            Food and Lodging, 108
Conversion from Low-rent to Homeownership (37 Act           Fringe Benefits, 105
   Only), 35



                                             Effective July 1, 2006
188                                                                         BBHA Policies – Index

                                                              Meetings, Conventions, Conferences, and Seminars,
 G                                                               110
Gratuities, 146                                               Meetings: Food Costs, 111
Grievances (Employee), 106                                    MEPA and Purchase Price Schedule (successors), 13
                                                              Military Leave, 103
                                                              Mistakes in Bids, 134
 H                                                            Monthly Payment, 35
Hardship, 36
Hearings, 74                                                    N
Holidays, 102
Housing Authority Responsibilities (maintenance), 44          Native Preference - Hiring, 85
                                                              Nepotism, 86
                                                              Non-capital Equipment (accounting for), 117
 I                                                            Noncompetitive Proposals, 137
Income                                                        Notice of termination, 39
   estimating, 4
   exceptions, 4                                                O
   maximum, 3
   methods of computing, 4                                    One Strike and You’re Out", 23
   minimum, 4                                                 Overtime, 102
   ongoing source, 4
Indian Families
   definition, 3
                                                                P
   eligibility, 3                                             Partial Payment, 37
Indian Housing Plans, 79                                      Pay Days, 101
Indian Preference - Development, 78                           Payment Agreements, 37
Indian Preference (procurement), 129                          Payment due dates, 39
Inspections, 29                                               Payments
Insurance, 81                                                    how determined, 17
Internet & Network Use, 115                                      maximum for homebuyers, 18
Investment Brokers, 124                                          utility allowances, 18
Investment of MEPA Funds, 121                                 Per Diem, 110
Investments, 122                                              Performance Evaluations, 107
                                                              Permanent Loss of Eligibility, 39
                                                              Personal Leave, 103
 K                                                            Personnel Records, 108
Key Personnel, 112                                            Petty Cash Purchases, 130
Kickbacks, 146                                                Policy Adoption, 2
                                                              Policy Interpretation, 2
                                                              Position Classifications, 99
 L                                                            Post-conveyance Responsibilities, 32
Land leased to BBHA, 34                                       Preferences, 14
Leasing Process, 22                                           Principal Residency Requirement, 24
Leave, 102                                                    Principle place of residence, 6
   maximum accrual, 104                                       Procurement Methods, 129
   payment upon separation, 104                               Procurement Records, 127
Leave Without Pay, 104                                        Program Records, 84
   sub-regional employees, 105                                Prohibitions on use of Debarred, Suspended or
Legal Expenses, 40                                               Ineligible Contractors, 83
LIHTC Projects, 49                                            Projecting income, 19
Local Cooperation Agreement and Exemption from                Promotions, 99
   Taxation, 79                                               Property Accountability, 117
                                                              Prorating assistance, 4
                                                              Protests Involving Indian Preference, 144
 M                                                            Purchase Price Schedule, 30
                                                              Purpose of Policy, 1
Maintenance, 41
Maintenance Instruction Program, 45
Materials and Supplies (accounting for), 117                    R
Meal Allowance, 109
MEAL Program, 60                                              Real Estate Development, 71
                                                              Real Property Acquisition and Relocation, 81


                                               Effective July 1, 2006
BBHA Policies – Index                                                                         189

Reduction in Force, 100                            Termination of Homebuyer or Rental Agreement, 22
Regional Development, 74                           Timesheets, 101
Registration Fees and Meals, 111                   Training, 106
Rejection of offer, 17                             Transfer of Title, 33
Reporting changes, 19                              Transfers, 99
Resignations, 100                                  Travel, 108
                                                   Travel by Ground, 109
                                                   Travel by Key Personnel, 112
 S                                                 Two-step qualification process, 15
Sanitary Facilities, 151
Scope of Policy, 1
Sealed Bids, 132
                                                     U
Security Deposit, 36                               Useful Life of Assisted Housing Unit, 83
Selection Process, 11                              Utility Allowances, 18
   priorities, 11
Sexual Harassment, 112
Small And Other Businesses, 144                      V
Small Claims Action, 41                            Vehicle Use (BBHA), 111
Small Purchases, 131                               Verification, 17
Southwest Elders Project, 54                       violence, history of, 5
Specifications, 143
Stipends, 101
Structural Modifications, 28                         W
Subleasing, 25
Sub-Recipient Awards, 77                           Waiting List
Sub-recipient Programs, 74                           selection from, 13
Subsequent purchase price, 31                      Waiting Lists
Subsistence (travel), 108                            purging the list, 8
Successorship, 11                                    suspending taking new applications, 8
Surviving Spouse (successors), 13                  Warranties, 71
Suspension and Debarment, 140                      Working Hours, 101
Suspensions, 100
                                                     Z
 T                                                 Zero income, 19
Tenant Grievances, 74




                                    Effective July 1, 2006

				
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