HomeMy WebLinkAbout23552AGREEMENT INFORMATION
AGREEMENT NUMBER
23552
NAME/TYPE OF AGREEMENT
US DEPARTMENT OF HOUSING & URBAN DEVELOPMENT
DESCRIPTION
ANNUAL CONTRIBUTIONS CONTRACT/SECTION 8 HOUSING
ASSISTANCE PAYMENTS PROGRAM MODERATE
REHABILITATION
EFFECTIVE DATE
ATTESTED BY
WALTER FOEMAN
ATTESTED DATE
1/4/1993
DATE RECEIVED FROM ISSUING
DEPT.
NOTE
DOCUMENT LOG FORM/CITY MANAGER'S OFFICE
Name of party(ies) : Department of Housing and Urb n.,Development
Document Type: Section 8 Housing Assistance Payment Program Annual
Contributions Contract
Purpose: Extend the A.C.C. allowing'to coincide with the ex-
piration of the Housing Assistance Payment Contract
term of 15 years.
Facility:
Date(s): 12/29/92
Department: Development and Housing Conservation
Contact Person (Questions): Mario J. Diaz Telephone 3 3 3 6
Contact Person (Delivery) : Elizabeth Perez Telephone 3 3 3 6
EXPENSE/REVENUE $ ACCOUNT(s)/PROJECT(s)
AUTHORIZED BY RESOLUTION NO. (Attached) OR
APPROVED BY: Budget Director (If General Funds)
CIP Administrator (If CIP Funds)
Comm. Dev. Director (If_ C.D. Funds)
XX All City requirements have been
Dept. Director or Designee
ACM/Advisor
met and the
document(s) is (are) . eady for Oxecution
I-t►r Director/Designee Init.
1/001
P514Leglit
Signa
ature
Date
Date
/a/3op2,
/2' 3o/9d.
Date Re c . by Mgr' s Off.: 1) C)
Date Signed by Mgr.: l/,4/
Attested by City Clerk:
Returned.to Dept/Office:
ORIGINAL TO CITY CLERK:
s_3
PLEASE NOTE: ALL FIVE ORIGINAL DOCUMENTS TO BE EXECUTED.
1.1 The Program
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM
Moderate Rehabilitation
PART I OF THE
ANNUAL CONTRIBUTIONS CONTRACT
Master Section 8 ACC Number A-4286
ACC Part I Number A-4286K
City of
Miami
(a) Projects within Program. The Moderate Rehabilitation Program under this
ACC Part I includes all Projects listed in Exhibit I. The PHA, to the
maximum extent feasible, shall enter into Agreements and Contracts in
accordance with the numbers and sizes of units in each project specified
in Exhibit I. No substantial deviation as defined by HUD from the bedroom
distribution or number of units in each project is allowed without prior
HUD approval. The PHA shall not enter into any Agreements or Contracts or
take any other action which will result in a claim for an Annual
Contribution in respect to any Project in excess of the maximum amount
authorized for that Project.
(b) Meaning of "Project" as Used in Master ACC and Part II. For purposes of
this Part I the term "Project" wherever used in the Master Section 8 ACC
and in Part II shall mean each Project in the Moderate Rehabilitation
Program.
1.2 Authorization of Actions by PHA. In order to carry out the Project, the PHA is
authorized to (a) enter into Agreements, (b) enter into Contracts, (c) make
housing assistance payments on behalf of Families and (d) take all other
necessary actions, all in accordance with the application, forms, conditions
and requirements prescribed or approved by HUD. However, neither the PHA nor
HUD shall assume any obligations beyond those provided in the prescribed forms
of Agreement and Contract.
1.3 Term of Contract and ACC
(a) Term of Contract. The total Contract term for any unit, including new
Contracts for replacement units in accordance with Section 1.9, is 15
years or the remaining term of the ACC, whichever is less. If the
rehabilitation being done under any Contract is to be completed in stages,
the total Contract term for all the stages, beginning with the effective
date of the Contract with respect to the first stage, shall not exceed 17
years from the effective date of the ACC for the applicable Project.
(b) Term of ACC. The ACC shall remain, in effect for 17 years from the
effective date of the most recent project listed in Exhibit I. Annual
Contributions may be made for each project for a maximum of 17 years from
that project's effective date, but not more than 15 years for any unit.
Accordingly, the Contract(s) for all units in any project, other than
replacement units, must be executed within two years of the effective date
of that Project under the ACC to qualify for the 15 year term.
Previous Editions Obsolete
Page 1 of 5 HUD-52520B (SUPP)(10/79)
1.4 Annual Contributions
(a) Notwithstanding any other provisions of this ACC (other than paragraph (c)
of this Section) or any provisions of any other contract between HUD and
the PHA, HUD shall not be obligated to make any Annual Contributions or
any other payment with respect to any Fiscal Year in excess of the Maximum
Annual Contribution Contract Commitment for each project specified in
Exhibit I. However, this amount shall be reduced commensurately with any
reduction in the number of Contract Units or changes in unit sizes or
pursuant to any other provision of this ACC or the Contracts.
(b) Subject to the maximum dollar limitation in paragraph (a) of this Section,
HUD shall pay for each Fiscal Year an Annual Contribution to the PHA in
respect to each Project in an amount equal to the sum of the following
(subject to reduction by the amount of any Project Receipts other than
Annual Contributions (such as interest income) which Receipts shall be
available for Project Expenditures):
(1) The amount of housing assistance payments payable during each Fiscal
Year (see Section 1.5) by the PHA pursuant to the Contracts, as
authorized in Section 1.2.
(2) The allowance, in the amount approved by HUD, for preliminary costs
of administration.
(3) The allowance, in the amount approved by HUD, for the regular costs
of administration including costs of HUD required audits of Owners
and the PHA.
(c) To assure that housing assistance payments will be increased on a timely
basis to cover increases in Contract Rents or decreases in Gross Family
Contributions:
(1) A Project Account shall be established and maintained for each
Project under this ACC, in an amount as determined by HUD consistent
with its responsibilities under Section 8(c)(6) of the Act, out of
amounts by which the Maximum ACC Commitment per year exceeds amounts
paid under the ACC for each Project for any year. This account shall
be established and maintained by HUD as a specifically identified and
segregated account. To the extent funds are available in this
account, the maximum Annual Contribution otherwise payable for any
Fiscal Year may be increased by an amount, if any, as may be required
for increases reflected in the estimate of required Annual
Contribution applicable to the Fiscal Year as approved by HUD in
accordance with Section 2.11. Any amount remaining in the account
after payment of the last Annual Contribution with respect to the
Project shall be applied by HUD in accordance with law.
(2) Whenever the HUD approved estimate of the required Annual
Contribution for any Project exceeds the Maximum ACC Commitment then
in effect, causing the amount in the Project Account to be less than
an amount equal to 40 percent of the Maximum ACC Commitment for the
Page 2 of 5
Project, HUD shall, within a reasonable period of time, take the
additional steps authorized by Section 8(c)(6) of the Act as may be
necessary to carry out this assurance, including (as provided in that
section of the Act) "the reservation of annual contributions
authority for the purpose of amending housing assistance contracts or
the allocation of a portion of new authorizations for the purpose of
amending housing assistance contracts."
(d) HUD will make periodic payments on account of each Project upon
requisition by the PHA in the form prescribed by HUD. Each requisition
shall include certifications by the PHA that housing assistance payments
have been or will be made only:
(1) In accordance with the provisions of the Contract as the provisions
apply to (i) units under lease by Families and (ii) units not under
lease by Families, and
(2) With respect to units which the PHA has inspected or caused to be
inspected and determined to be in decent, safe and sanitary
condition, pursuant to Section 2.4 of this ACC, within one year prior
to the making of housing assistance payments.
(e) Following the end of each Fiscal Year, any amount by which the total
payments made during that Fiscal Year exceed the Annual Contribution
payable in accordance with this section will be subtracted from the next
payment made by HUD to the PHA, unless other disposition is approved or
required by HUD.
1.5 Fiscal Year. The Fiscal Year for the Program shall be the Fiscal Year
established by Section 0.3 of this ACC. However, the first Fiscal Year for any
Project shall be the period beginning with the effective date of the Project
identified in Exhibit I to this ACC and ending on the last day of the
established Fiscal Year which is not less than 12 months nor more than 23
months after the effective date. If the first Fiscal Year exceeds 12 months,
the Maximum ACC Commitment shall be adjusted by the addition of the pro rata
amount applicable to the period of operation in excess of 12 months.
1.6 Periodic Adjustment of Contract Rents. The Contract gill provide for periodic
adjustments in the Contract Rents chargeable by the Owner and commensurate
increases in amounts of housing assistance payments, in accordance with
applicable HUD regulations, up to the maximum amount authorized for housing
assistance payments in the HUD approved estimate submitted pursuant to Section
2.11.
1.7 Equal Opportunity Housing Plan, Administrative Plan and Application. The PHA
shall comply with all provisions of its Equal Opportunity Housing Plan,
Administrative Plan and Application, each astapproved by HUD.
1.8 Expeditious Carrying Out of Project. The PHA shall proceed expeditiously to
implement the Program consistent with the.rehabilitation and leasing schedule.
If the PHA fails to proceed expeditiously, HUD, after giving the PHA and
Owners, where appropriate, reasonable opportunity to take corrective action,
may terminate or reduce its obligation under this ACC Part I with respect to
the Project.
Page 3 of 5
-
1.9 Assistance to Eligible Families When Contracts are Terminated. When the
Contract for any unit(s) is terminated for any reason, leaving Contract
Authority available under this ACC, the assisted family(ies) if eligible for
continued assistance, or other eligible family(ies) if the unit(s) is vacant,
may continue to receive housing assistance for the remainder of the 15 year
term in accordance with HUD regulations through the conversion of the Moderate
Rehabilitation unit(s) allocation to Existing Housing. The PHA shall issue the
Family a Certificate of Family Participation, assist it in finding a suitable
rental unit, and comply with all applicable HUD regulations and rules.
1.10 Responsibility for Administration of Contract. The PHA is primarily
responsible for administration of the Contracts, subject to review and audit by
HUD.
ATT
APPROVED AS TO FORM AND CORRECTNESS:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
PHA
CITY OF MIAMI
By
Cesar H. Odio
Date
City Manager
(Official Title)
United States of America
Secretary of Housing and Urban Development
By
Jim Chaplin, Manager
(official Title)
Date
Gerald R. Wright, Chief Counsel
Page 4 of 5
1.
Project Number
FL29-K145-001
2. FL29-K145-002
3.
2
3
4
Total
Number of
Units by
Bedroom Size
0 15 E
1 16 4 ' E 115 F
2 0' 50 F
3 0 0
4 0 0
Total 344
0
1 - 50 F
- 32 F
82
0
1
2
3
4
Total
4. 0
2
3
4
Total
EXHIBIT I
ACC List Number
and
Date of Approval
A-86-0015 (10/31/86)
A-87-0198 (5/7/87)
A-90-0103 (11/2/89)
Maximum ACC
Contract
Authority
Commitment
Budget
Authority
$2,242,512
A-89-176 (12/15/88) $ 565,320
End Exhibit I
Page
Effective Date
. $33,637,680 June 8 , 1987
$ 8,479,-800 1-3788
Page 5. of 5
a U. E. GOVERNMENT PRINTING OFFICE : 1979 fi33-945/41,14