052797 EDA Official File Copy
CITY OF NEW HOPE
EDA AGENDA
EDA Regular Meeting #5 May 27, 1997
Agenda #5
President W. Peter Enck
Commissioner Sharon Cassen
Commissioner Don Collier
Commissioner Pat La Vine Norby
Commissioner Gerald Otten
1. Call to Order
2. Roll Call
4. Resolution Approving Amendment to Section 8 Housing Assistance
Payments Program Contract No. C-94-56 for Administrative Services
Between the Metropolitan Council and the City of New Hope and
Authorizing President and Executive Director to Execute Agreement
5. Adjournment
' REQUF. T FOR ACTION
Originating Department Approved for Agenda Agenda Section
EDA
City Manager
Item No.
5-27-97
Kirk McDonald BY:i/
By: Management Assistant
RESOLUTION APPROVING SECOND DMENT TO SECTION 8 HOUSING ASSISTANCE
PAYMENTS PROGRAM CONTRACT NO. C-94-56 FOR ADMINISTRATIVE SERVICES BETWEEN
THE METROPOLITAN COUNCIL AND THE CITY OF NEW HOPE AND AUTHORIZING PRESIDENT
AND EXECUTIVE DIRECTOR TO I~/XECUTE AGReeMeNT
On August 8, 1994, the New Hope EDA approved a revised contract between the Metropolitan Council and
the City of New Hope regarding the Section 8 Housing Assistance Program. The two basic changes in the
contract at that time were:
1. The administrative fee available to the City increased from $16.56 per unit/month to $21.00 per
unit/month for basic administrative services (the fee increases are regulated by the Dept. of Housing
and Urban Development); and
2. In a move intended to reduce paperwork, the Metropolitan Council required the City to only submit
quarterly invoices/reports instead of monthly reports.
The City of New Hope employs a full-time Section 8 Housing Representative to administer this program
and reimbursements from the Metropolitan Council/HUD cover all costs of the program/position. In past
years the City has administered up to 300 Section 8 contracts in New Hope, however over the past several
years that number has decreased to approximately 240 contracts, due in part to the newly adopted
portability requirements. Obviously, the City receives less revenue to cover the costs of the
program/position with a reduced number of contracts.
In 1994 when contract discussions were taking place, City staff indicated to Metropolitan Council
representatives that the City would have an interest in taking on additional contracts from neighboring cities
to increase program revenue. The additional contracts would involve only administrative services, with
Section 8 clients coming to the New Hope City Hall for income verification, etc. No inspection services for
MOTION BY (/~ SECOND BY
Review: Administration: Finance:
RFA-O01
Request for Action 2 5-27=97
clients residing outside of New Hope would be offered by the City, as that would be Metro HRA's
responsibility. The Metro Council indicated at that time that they would take the City's interest in assuming
the administrative work for additional contracts under consideration.
In December of 1995, due to several staff position vacancies at the Metro HRA in St. Paul, the Metro HRA
contacted the City to see of the City was still interested in assuming administrative responsibility for
additional contracts. City staff responded in the affirmative. As a result of those discussions, in January
1996, the EDA approved a contract amendment with metro HRA which stated that the City of New Hope
would administer a specific number of Section 8 contracts from the following cities:
Edina 20 contracts
Golden Valley 16 contracts
Maple Grove 1,5 contracts
TOTAL 51
Metro HRA is responsible for all inspections and the existing New Hope Section 8 Representative handles
the administrative component of the contracts (no additional staff were hired). The City bills Metro HRA the
regular fee of $20.37 per contract and once a year Metro HRA deducts $24/contract for inspection
services. The additional revenues to the City for assuming the additional contracts were 'approximately
$12,000.00 per year.
City staff was supportive of the contract amendment, as it provides additional revenues for the program
and will help to insure that this important program for Iow/moderate income residents is maintained and is
self-supporting with revenues exceeding expenses.
The City of Osseo recently lost the individual that administrated the 23 Section 8 contracts for the City.
Metro HRA has contacted New Hope to inquire if the City was interested in assuming additional
contracts under the same terms and conditions as the first contract amendment. The City indicated that
it was interested in administering the additional contracts. Although some overtime may be required
initially to bring the contracts up-do-date, the work should fall within the normal workweek. Metro HRA
will be billed for the overtime.
The enclosed resolution approves a second contract amendment to administer 23 additional Section 8
contracts from Osseo. Staff recommends approval of the resolution.
CITY Of NEW HOPE
EDA RESOLUTION NO. 97-
RESOLUTION APPROVING SECOND AMENDMENT TO
SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM CONTRACT NO. C-94-56
FOR ADMINISTRATIVE SERVICES BETWEEN THE METROPOLITAN COUNCIL
AND THE CITY OF NEW HOPE AND AUTHORIZING
PRESIDENT AND EXECUTIVE DIRECTOR TO EXECUTE AGREEMENT
WHEREAS, Minnesota Statutes Section 473.195, subdivision 1 (1994 & Supp. 1995)
authorizes the Metropolitan Council to plan and administer a federal Section 8
housing assistance payments program within the seven-county metropolitan area
and to exercise the functions, rights, duties, privileges, immunities and limitations
as are provided for municipal housing and redevelopment authorities; and
WHEREAS, the Council and the City of New Hope entered into Contract No. C-94-56 on
September 2, 1994 under which the City agreed to perform specified Section 8
program administrative services within certain jurisdictions located in the
metropolitan area; and
WHEREAS, the City has agreed to provide Section 8 program administrative services for a
specified number of dwelling units in the City of Osseo, as outlined in the Second
Amendment; and
WHEREAS, the Amendment states that the City will be reimbursed for costs and expenses
incurred for the provision of administrative services to the additional jurisdiction and
that the City will reimburse Metro HRA for inspection services.
NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of the City of
New Hope, Hennepin County, Minnesota, that the Second Amendment to Section
8 Housing Assistance Payments Program Contract No. C-94-56 for Administrative
Services between the Metropolitan Council and the City of New Hope EDA is
hereby approved and the President and Executive Director are authorized to
execute said Amendment.
Adopted by the Economic Development Authority of the City of New Hope this 27th day of May,
1997.
President
Executive Director
Metropolitan Council
Working for the Region, Planning for the Future ~
Metro HRA
Ma~lene l~c~on
CJ~ of New iiope
4401 X~on A~enue ~o~
De~ ~s. I=~on:
~dosed for =ee~n b~ the appropriate person at ~e e~ ~e ~ copies af
the $econd Amendment to ~e 8e~on 8 ~ou~in~ A~is~e Pa~en=
Pro~r~ Con.act for Adminis~a~e $e~ee~. Per our telephone
eon~er~ans. ~e ~opoli~ Council i~ pre. ed to ~in reimbur~in~ ~e
ciW for adminisWa~e se~ces for the cJW of O~eo as of May of 1997. ~e
rate of reJmborsement ~11 ~ ~e ~e ~te prese~ ~iog ~d to ~e c~ for
admJ~Js~aH~e se~ J~ o~er jurJsdJcHo~s co~e~ by ~e ~JsH=~ co~act.
As ~~ ~e Me~lJ~ ~u~cJl ~11 ~ot ch~e ~st
reimbursement for O~eo J~specffoas for co~Wacts prior to Jo~ I, 1997.
We sJ~cere~ appreciate ~e cJ~'s J~terest ~d ~llJ~ to ~e o~ this ~ew
assJg~me~L Upoa formal app~ by ~e cJW ~d execoHo~ of the ~o
enclosed ~endments, ple~e re~r~ ~ copies to me for fJn~ execuHon by
the Me~opolJ~ CounciL If you ha~e ~ qu~Hoos, please ~1 me at 602-
1600.
$i~cere~
Ka~ Kline
Pro~ O~ons Supe~sor
Met~ H~
cc: M~ Ahero, Meffo H~ Programs M~er
2?.0 East Fifth Street St. Paul. Minnesota 55101 -1634 (612) 291-7-'°-8 Fax 291-6313 TDD/TI'Y 291-0904 ~letro Info Line 229-378Cr
Contract No. C-94-56
SECOND AMENDMENT TO
SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM
CONTRACT FOR ADMINISTRATIVE SERVICES
CITY OF NEW HOPE
WHEREAS, Minnesota Statutes section 473.195, subdivision 1 (1996) authorizes the
Metropolitan Council ("Council") to plan and administer a federal Section 8 housing assistance
payments program within the seven-county metropolitan area and to exercise the functions,
fights, duties, privileges, immunities .and limitations as are .provided for municipal housing and
redevelopment authorities; and
WltEREAS, the Council and the City of New Hope ("Contractor") entered ifito Contract No.
C-94-56 on September 2, 1994, which was amended on February 5, 1996; under which the
Contractor agreed to perform specified Section 8 program administrative services within certain
jurisdictions located in the metropolitan area.
NOW THEREFORE, pursuant to Paragraph 6.03 of Contract No. C-94-56 and in consideration
of the mutual promises and covenants contained in this agreement, the Contractor and the
Council agree Contract No. C-94-56 is further amended as follows:
1. FIRST AMENDED EXHIBIT A is amended by replacing it with the attached SECOND
AMENDED EXHIBIT A which adds the city of Osseo to the list of metropolitan-area
jurisdictions within which the Contractor will provide the specified Section 8 program
administrative services.
2. As provided in Section 111, the Contractor shall be reimbursed for costs and expenses
actually incurred by the Contractor in the direct provision of Section 8 administrative
services within the cities of Edina, Golden Valley, Maple Grove, New Hope and Osseo
and shall be paid the fees specified in paragraphs 3.02 and 3.03 for Section 8 program
administrative services performed by the Contractor within the cities of Edma, Golden
Valley, Maple Grove, New Hope and Osseo.
3. Except for inspection and reinspection services identified in paragraph 2.01Co), the
Contractor shall perform within the cities of Edina, Golden Valley, Maple Grove, New
Hope and Osseo the "basic" administrative services specified in paragraph 2.01 and, if
applicable, the "enhanced" administrative services specified in paragraph 2.02. The
Council will perform the inspection and reinspection services identified in paragraph
2.01(b) for dwelling units located within the cities of Edina, Golden Valley, Maple
Grove, New Hope and Osseo and shall be reimbursed as follows:
(a) The Contractor will reimburse the Council twenty-four dollars ($24.00) for each
initial inspection performed by the Council; and
Page 1 of 2 Pages
(b) The Contractor will reimburse the Council twenty-four dollars ($24.00) for each
annual reinspection performed by the Council.
The Contractor is not required to reimburse the Council except for initial inspections and
This amendment shall cover eligible Section 8 program adminisWative services provided by the
Contractor within the city of Osseo on or after May 1, 1997. Exeter for this amendment, the
provisions of Contract No. C-94-56 as amended on February 5, 1996 ~hall remain in force and
effect without change.
IN WITNESS WHEREOF, the Council and the Contractor have caused this amendment to be
executed by their duly .authorized representatives. This amendment is effective on the date this
_ contract amendment is finally executed by the Council.
Approved as to form: METROPOLITAN COUNCIL
By:
Associate General Counsel James J. Solem, Regional Administrator
Date:
CITY OF NEW HOPE
By:
Title:
Date:
age 2 of 2 Pages
SECOND AMENDED EX/IIRIT A
CITY OF NEW HOPE
As provided in Contract No. C-94-56 as amended, the Contractor shall perform the Section 8
program contract services within the City of New Hope, Minnesota and within the following
jurisdictions located in Hermepin County, Minnesota:
Edina
Golden Valley
Maple Grove
Osseo
The Council will perform Section 8 inspection and reinspection services for.. dwelling units
located within the cities of Edina, Golden Valley, Maple Grove, New Hope and Osseo.
,4-1
Contract No. C-94-56
FIRST AMENDMENT TO
SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM
CONTRACT FOR ADMINISTRATIVE SERVICES
CITY OF ~EW HOPE
WI~REAS, ~annesota Statutes section 473.195, subdivision 1 (1994 & Supp. 1995) authorizes the
Metropolitan Council ("Council") to plan and administer a federal Section 8 housing assistance
payments program within the seven-county metropolitan area and to exercise the functions, fights,
duties, privileges, immunities and limitations as are provided for municipal housing and
redevelopment authorities; and
W~r~REAS, the Council and the City of New Hope ("Contractor") entered into Contract
No. C-94-56 on September 2, 1994 under which the Contractor agreed to perform specified Section
8 program administrative services within certain jurisdictions located in the metropolitan area.
NOW Tm~REFORE, in consideration of the mutual promises and covenants contained in this
agreement, the Contractor and the Council agree Contract No. C-94-56 is amended as follows:
1. EXHIBIT A is amended by replacing it with the attached FIRST AMEND~I~ EXI-IIBIT A
which adds the cities of Edina, Golden Valley and Maple Grove to the list of metropolitan-
area jurisdictions within which the Contractor will provide the specified Section 8 program.
administrative services.
2. Az provided in Section IH, the Contractor shall be reimbursed for costs and expenses actually
incurred by the Contractor in the direct provision of Section 8 program administrative
services within the cities of Edirut, Golden Valley and Maple Grove and shall be paid the fees
specified in paragraphs 3.02 and 3.03 for Section $ program administrative services
performed by the Contractor within the cities of Edine, Golden Valley and Maple Grove.
3. Except for inspection and reinspecfion services identified in paragraph 2.01Co), the Contractor
shall perform within the cities of Edina, Golden Valley and Maple Grove the "baisc"
administrative services specified in paragraph 2.01 and, if applicable, the "enhanced"
adminis~ive services specified in paragraph 2.02. The Council will perform the inspection
and ~on services identified in paragraph 2.01Co) for dwelling units located within the
cities of£din~ Golden Valley and Maple Grove and shall be reimbursed as follows:
(a) The Contractor will reimburse the Council twenty-four dollars ($24.00) for each initial
inspection performed by the Council; and
Co) The Contractor will reimburse the Council twenty-four dollars ($24.00) for each annual
reinspection performed by the Council.
The Contractor is not required to reimburse the Council except for initial inspections and
annual reinspections.
Page 1 of 2 Pages
This amendment shall cover eligible Section 8 program administrative services provided by the
Contractor within the cities of Edina, Golden Valley and Maple Grove on or ~er January 1, 1996.
Except for this amendment, the provisions of Contract No. C-94-$6 shall remain in force and effect
without change.
IN WITNESS WHIiREOF, the Council and the Contractor have caused this amendment to be
executed by their duly authorized representatives. This amendment is effective on the date this
contract amendment is finally executed by the Council.
Approved as to form: METROPOLITAN COUNCil.
By:.
Assistant General Counsel ~ames ~. Sol~., Regional Administrator
Date:
CITY OF NEW HOPE
By:
It~:
Date:
HRA112
Page 2 of 2 Pages
FIRST AMENDED EXHIB~ A
CITY OF NEW Ii'OPE
As provided in Cohtract No. C-94-56 as amended, the Contractor shall perform the Section 8
program contract services within the City of New Hope, Minnesota and within the following
jurisdictions located in Hennepin County, lVgmnesota:
Edina
Golden Valley
Maple Grove
The Council will perform Section 8 inspection and reinspection services for dwelling units located
within the cities of Edina, Golden Valley and Maple Grove.
A-/
MetroPolitan Council
Work'O~for the Region, l:~o~tng for the FtsIur~
Metro HRA
December 21. 199S
Daniel J. Donahue, City Manafer
City of New Hope
4~)1 Xyloa Avenue North
New Hope, MN $5428-4898
Re: New Hope Assumption of Administratioa of Additional Metro lIRA Coatracts
I am writin! to confirm that the City of New Hope staff, specifically Marle~ Isaacsmk bas a _Sree, l__ to
admiais~ Sectioa 8 coauacts ia the cities of Ediaa, Goldea Valley and Maple Oro~. Presently, there
are 23 clients in Edina, 15 in Golden Valley, and 15 in Maple Grow. Based on my conversation with her,
! ufld~l~tafld s[l~ ill wiilins tO a~tlll~ responsibility for any ne~ contracts, interim moves, income c~api~s,
inspectl0.ns will be mnducted by Metro HRA staff, based upon a pro~ess to be mutually Mreed upon.
presently done with the New Hope Section 8 contracu. Appropriate file documenu will be copied and
supplied'to Marlene m en~ie her to administer the files. Also, applicable rent reasonableness
documentation will be supplied to Marlene.
You may bin Meuo HRA for adminisuation of all 53 addiu~nal contracts beginning in January, 1~6, at
the same rate y~u are presen~ usin! (S21.65 per unit per mona). As agreed, Metro HRA will 'charge
back" $24.00 ~or each HOS impecflmi required - generally this M~uid only be once annually per client.
I am pleased that New Hope staff is willing to take on this additional respons~ility and hope this
transition can proceed on the basis of this letter. I have asked our Legal stuff to begin drafting an
amendment to tim COntract to sotidi~ tlds arrangement.
~f you have any questions, please feel free to call me at 291-6600.
sincerely,
Prosrm Operati°m Supervisor
Metro HRA .... '
ca "l~Oflene ~n, C. it,/o! Ne~ Hope ' '
Kirk McDonald, City of New Hope
230 East FiithStreet St. Paul Mlnneso~ 55101-16,34 {612) 291-7428 F-~ 291-6,313 TDD/TT¥ 291-0904 Metro info Line 229-3780
4401XylonAvenueNorth City Hall: 612-531-5100 City Hall Fax: 812.531.5136
New Hqoe, Minnesota 55428-4898 Police: 612.531.5170 Police Fax: ~12-551.517,~
Public Works: 612.533-4823 Public Works Fax: 612-533-7650
TDD: 612-531-5109 Fire Dep?. Fax: 612.531.5175
December 15, 199:5
Mr. Tom McFAveen
Manager, Metro HRA
Metropolitan Council
230 East Fifth Street
St. Paul, MN 5~101-1634
Subject: New Hope Takin~ on Additional Metro I-IRA Conuacts
Dear Tom:
As you are awar~, the City of New Hope has requested comideration from the Metro HRA to
take on additional Section 8 contracts in order to help cover the costs of our full-time Section
8 Housing Representative, Marlene Isaacson. in the past New Hope has handled up to 300
contracts and tl~ number has decreased to about 240, due in pan.to the new portability
requirements. If the City tmsumed mom contracts from other cities, it should assist the Metro
[iRA because a red/ced munber of personnel may be m~eded. The sssumption of more conwacts
by the City could be a wi~wi~ situation for both Me~ro HRA and the City.
It is my unde~ thai the followin~ verbal proposal has been made by Kathy Kline (Metro
I-iliA) to Marlene Isaac,son (City of New Hope) regarding additional contracts:
New Hope would ~ake on addifionsl conlracts from the followin~ communities:
Ediaa 20 con.acts
Golden Valley 16 contracts
lyric Grove 11 comnm~
Total 51
Metro HRA would be responsible for all impectiom and the New Hope Section
8 Relm~se~uive would handle the adminisuafive coml~nen[ of the contracts.
The City would bill Metro HRA the regular fee of $21.6~ per contract and once
a- year Metro lIRA would deduct $24/contract for your inspection services. The
revenues anticipated would be as follows:
~ I contracts
x $21.65 (for New Hope administration)
$1,104.15
12 months
$13,249.80 (total for administration)
Family St~led C~ ~^~ For Family Livin~
",'~"~ V~V~-
Mr. Tom McElveen 2 December 15, 1995
51 contracts
x $ 24.00 (for Metro HRA inspections)
$1,224.00 (total for inspections)
$13,249.80 (administration)
- 1.224.00 (less inspections)
$12,025.80 (anticipated revenue)
I understand that the per month reimbursement per contract may decrease slightly
in 1996, per Federal HUD guidelines and that the reimbursement would be less
for portability requirements
The City would incur additional expenses for postage, copying, etc. In addition,
the City may incur additional mileage expenses for home visits for seniors, but
we do not anticipate thin to be a great expenne.
I also understand that Metro HRA would want New Hope to start working with
clients from the above listed cities as of January 1, 1996, and th~ you would also
be willing to discuss alternate options.
I am in agreement with the above stated terms and New Hope is willin~ to take on the additional
contracts on a trial basis, effective January 1st, with one condition. Th~ City is very desirous
of computerizing thin process and of linking up with Metro HRA via computer to make the
entire process more efficient. To that end, the City requests a commitment from the Metro
HRA in the amount of $2,000 for computer equipment and software to be u 't~ized by the Section
8 Representative to asalst us in achieving thin goal.
The City requests that you give thin proposal favorable consideration and we will look forward
to your response.
Sincerely,
· 7
Daniel ~. Do~ahu~
C~ty Manage£
DJD/prs'
Kh'k McDonald, Management Assistant/Community I~velo@ment Coo~lh~ator
~ Watts, DL~cto£ of Finance & Admires' u'ation
Sherry Draper, Human Resources Director
Marlene Isaacson, Section 8 Housing Representative
FAXED COPY -- ORIGINAL TO FOLLOW IN MAIL
DATE: December 14, 1995
TO: Kirk
FROM: Marlene
SUBJECT: Additional Contracts
In response to our request for more contracts the Metro HRA office has proposed
that we take on the contracts for Edina {20}, Golden Valley (16), and
Maple Grove {15). Metro HRA would do all the inspections and I would do the
administrative component.
Financially we could bill Metro HRA the regular fee of $21.65 per contract and
once a year they would deduct $24/contract for thei.r inspections. Under the
current contracts and allowances we could anticipate revenues of $4,763 for the
Edina contracts, $3,810 for Golden Valley, and $3,572 for Maple Grove.(This reflects
the $2¢/contract Metro would deduct) In addition we may incur mileage for my
car if I need to do home visits. In New Hope I do 8-12 per year(for seniors
only)so I don't expect that to be a great expense.
Metro HRA would like me to start working with clients from the above cities as of
1-1-96 and we would start receiving reimbursements from them for January. If we
have other options they would be willing to discuss them as well.
Please review and maybe we can discuss further.
SECTION 8 HOUSING ASSISTANCE PA1q'ki]/3N'TS PROGRAM
CONTRACT FOR ADMINISTRATIVE SE, RVICE.q
CITY OF NEW HOPE
THIS ADMINISTRATIVE SER~ CONTRAC"r/s made and entered into by the Metropolitan
Counc/l ("Council') and the City of New Hope ('Contractor~. '
WHERFAS, the Council is authorized by Minnesota Statutes section 473.191{ to function as a housing
and redevelopment authority throu/hout the seven-county metropolitan area and exercises its
statutory authority through its Homing and Redevelopment Authority unit; and
WHEREAS, the Council has entered into an Annual Coatn'uutiom CouWact ('ACC"') with the U.S.
Department of Housing and Urban Development ('HUD") ami has federal coawact authority to
operate a federal Section 8 housing assistance payments proiram ('Section 8 pro,am') within the
seven-county "metropolium area* as defined by Minnesota Statutes section 471.121; and
WHI/iREAS, the City of New Hope is a public body, corporate and politic, duly orianized under the
laws o£ M{n,~esota and is author/zed to perform the adminh~ serv/ces contemplated by this
contract; and
WHEREAS, the City of New Hope performs certain Section 8 proiram administrative se~wices within
thc City of New Hope on behalf of the Council under a Section 8 pro/ram ad,,,i,,i-,trative services
contract ('Contract No. lvi-88-4").
NOW TItEREFORE, in consideration of the mutual promises and covenants contained in this
contract, the City of New Hope and the Council a/~,ee as follows:
L
1.01. Definition o! Terms. For the purposm of this contract, the terms defined in this section have
the meaniu{s given them in figs section, except as otherwise provided or indicated by the context.
(a) 'M'e~ ~ ~ 'Cd~mc/l.' The Mcu'opolitaa Council established by Minnesota
Statutes section 47t.123. When expressly stated or otherwise indicated by the contex~ of this
contract, the m-m 'Council" means the Metropolitan Council aciin{ throu{h its Hot.sin{ and
Redevelopment Authority unit ('Metro HRA').
(b) 'C~,nrn,¢t~' The City of New Hope acting though its governi,,g body and its duly authorized
or desi/nated employees, staff, or a{ents.
(c) '$ecridn 8~' An existin{ housin{ assistance payments pro/ram under section 8 o£ the
United States Housing Act of 1937, title 42, United States Code, section 1437f, as amended.
t~a~ 1 of 11 pa~
II. SCOPE OF SERVICES
2.01 B~ic Admin/~trative Service. The Council agreea to purchase and the Contractor agrees to
fumiah the followin$ 'basic" Section 8 program administrative services:
(a) Application .t~n:essing and Lease. Up. (1) The Contractor will perform the following
application processing and lease-up activities: a.~/sting Section 8 appl/cants to complete
application forms; checking each applicant's income and f~mfiy status to determine applicant
e. ligibil/ty for placement on the Council's Section 8 program wa/ting lilt; determining
appropriate dwelling un/t s/ze for applicant and participant famil/es; as~/sting Section 8
certificate and housing voucher holders to locate su/table dwelling un/ts elig~'ole for use in the
Section 8 program; ce~g rent reasonableness of dwelling un/ts selected by Sect/on 8
certificate and housing voucher holders; examining leases and housing as.s/stance payments
contracts for conformance with Section 8 program requirements prior to execution; and
cert/f,y/ng the accuracy and completene~ of all application and lease-up documents submitted
to the Council.
(2) All applications shall be made on forms provided by the Council The Contractor w/il
complete and submit to the Council lease-up documents requ/red by the Coundl, as may be
amended or modified from time to time by the Council
Co) f~ivec~on and Reimpec~m. (1) In addition to performing the application and lease-up
activities stated in paragraph 2.01(a), the Contractor will inspect and reinspect dwelling units
for use in the Section 8 program. Inspections and reimpectiom of dwelling units shall include
a thorough and complete on-site impection and certification of the dwelling unit sufficient
to ensure conformance with federal housing quality standards ('I-lOS') as set forth in title 24,.
Code of Federal Regulations, sectiom 882.109 and 887.231, as amended. Such inspections
and reimpectiom shall be made at the following times: prior to initial lease by an applicant
or pnnicipant fnmily;, prior to the annual recertification of a participant fam_~_'!y;, and during the
lease term as directed by-Metro HRA staf~ as required by title 24, Code of Federal
Regulations, sectiom 882.211 and 887.237, as amended, or as required by locally established
requirements which have been approved by HUD. When Section S applicants or participants
move into Section 8 dwelling units, the Contractor shall complete the inspection form which
documents the move-in condition of the dwelling un/ts. The move-in inspection shall be
performed in a timely manner and the move-in inspection form shall be completed and
submitted in a timely msnn~" so the interests of Section 8 fnmflles, rental property owners,
and the Council are not compromised.
(2) The Contractor will conduct damage inspections as required by the Council's
procedures. The Contractor will conduct all damage inspections in a timely manner so the
interests of Section 8 fnmiHeS, rental property owners, and the Council are not comprom/sed.
(3) Reports of all inspections and reinspections shall be made by the Contractor on
inspection forms provided by the Council The Contractor agrees to fully and accurately
complete all inspection forms.
(c) Ongo/ag~m,4~mr/on. The Contractor is responsfole for performing the following
ongoing administrative services: conducting annual re-examinations and recertifications o[
Section 8 program participants; maintaining Section 8 program files and records for monthly
reports; conducting, within the jurisdictions identified in Exhl'oit A, affirmative marketing
activities such as contacting and working with rental property owners, community groups, and
rental property management groups to encourage participation in and understanding of the
Pa~ 2 of II pages
Section 8 program; maintaining lists of available dwelling units; and promptly notifying Metro
HRA stall of any Section 8 applicant and participant problems or changes in participant
s. tatus, including but not limited to, participant evictions, mutual lease terminations,
abandonment of dwelling units, lack of proper eligibility documentation, changes in household
compcaition and income, changes in property ownership, noncompliance with housing
assistance payments contract provisions, or noncompliance with HQS requirements.
(d) Program Requirements; Tminin$ (1) The Contractor is respom~le for developing and
maintaining a thorough understanding o£ the Section 8 program regulations and the
requirements and procedures set forth in manuals and other materials provided by the
Council. The Contractor agrees to send a representative to all Section 8 program training
sessions conducted by the Council. .
(2) The Contractor shall provide adequate staff time and office or program space to
perform the Section 8 program administrative services contemplated by tiffs contract and shall
make staff and office or program space available to Section 8 applicants and participants
during scheduled business hours approved by Metro HRA staff. The Contractor shall provide
adequate signs and other directional materials to inform applicants and prospective applicants
about the place and m,,naer of making application. The Contractor shall keep available for
distn'bution adequate brochures and other information or materials as may be prepared by the
Council and shall supplement the brochures with local in/ormational materiah as appropriate
or needed. The manner of fiunishlag these services shall be agreed upon by the Contractor
and the Council. The Contractor and the Council shall from time to time confer about the
details of the fumishlr~g of these services. The Contractor agrees to comply with reasonable
demands made by the Council concernln$ these program requirements.
(e) Notice of,4ctions and Claims. The Contractor will immerriately notify Metro HRA staff by
telephone about any summons or other legal or judicial notices, including conciliation court
summons or notices, involving claims or disputes rehted to the administration of the Council's
Section 8 program within the jurisdictions identified in Exhibit A. The Contractor will
conlSrm its telephone notification by written notice within three (3) business days after the
telephone notification.
2.02 Eulmneed Admiuistrs~ Servi~ At the Contractor's option, the Contractor may pedorm
'enhanced' Section 8 program administrative services.
(a) ,,tdd/~'onM Adm/n/slrat/v~ Sendces. In addition to performing the 'basic' Section 8 program
administrative services described in paragraph 2.01, the Contractor may perform the following
'enhanced' Section 8 program administrative services: entering file data through remote
computer connection to the Council's Section 8 program data files; verifying income and
other eligi'bility information for Section 8 applicants selected by the Council from the
Council's Section 8 waiting list for participation in the Section 8 program; determining
applicant and participant eligibility for Section 8 program assistance; conducting Section 8
program briefing sessions for applicant families selected for participation in the Council's
Section 8 program; conducting informal hearings to review denial, reduction, or termination
of Section 8 program assistance; processing housing assistance payments contract clairns filed
by rental property owners; and conducting informal hearings to review and determine rental
property owner and Section 8 participant claim matters.
(b) Eligibility to Perform Enhanced Services. The Contractor may perform the 'enhanced' Section
8 program administrative services described in paragraph 2.02(a), commencing on .lanuary 1
of any year, if: by Sune 1 preceding the Sanua~y 1 start date the Contractor has provided the
Council with a written notice informing the Council about the Contractor's intention to
provide 'enhanced' Section 8 pro~ram administrative services starting the succeeding January
1; the Con .t?actor has demonstrated to the Council's satisfaction that the Contractor can
successfully perform the 'enhanced' administrative services; and the Contractor has received
from Metro HR staff a written notice authorizing the Contractor to undertake and perform
the 'enhanced" Section 8 program administrative services described in paragraph 2.02(a).
2.03 Council Pro.am Obligations, Unles~ otherwise performed by the Contractor under paragraphs
2.01 or 2.02, the Contractor and the Council understand and agree the Contractor shall not be
required to perform the following Section 8 program services and activities which are the primary
responsibility of the Council: performing all areawide affirmative marketing activities, such as
preparing brochures and advert/sin/, and contacting and worldng with area community groups, rental
property owners, and rental property management groups; developing and maintaining a general
applicant waiting list; selecting applicants for participation in the Section 8 program; executing
housing assistance payments contracts with rental property owners and authorizing housing assistance
payments to owners, both tlh-ou/h month-end check runs and weekly accounts payables; making
housing assistance payments to rental property owners; conducting informal hearings to review denial,
reduction, or termination of Section 8 program assistance; conducting informal hearings to review and
determine rental property owner and Section 8 participant claim matters; providing necessary program
fin/n/ns for Contractor staff;, preparing and providing administrative polities, operating brochures,
forms, manuals, and other Section 8 program materials; providing HQS inspection training and
monitoring HQ$ inspection activities; coordinating initial application processes; coordinating and
approving ten (10) percent exception rents and contacting HUD staff regarding twenty (20) percent
exception rents; coordinating incoming and outgoing portability lease-ups; providing financial pwgram
management, including budgeting, requhitions, and monitoring; malntsinlng computer records for
Section 8 pro,tam participants; collecting all areawide data and preparing all housing assistance
program reports for HUD; providing neceasa~ equal employment opportunity and affirmative action
documents and activities; and performing ail other matters required by the ACC between the Council
and HUD.
2.04 Area of Operation. The Council is authorized by 1Vflnr~esota Statutes section 473.195, to plan
and administer a Section 8 housing assistance payments program within the seven-county metropolitan
area, including the jurisdictions identified in Extu'bit A o£ this contract. The Section 8 program
administrative services contemplated by this contract shall be provided for Section 8 program
applicants and participants residing in or moving into the jurisdictions identified in Exhibit A.
m. COblPENSATION AND FEE IH;~MBURSEMENT
3.01 Reimbursabi~ Co~s. Subject to the limitations and conditions contained in paragraphs 3.02
and 3.03, the Council shall reimburse the Contractor for the following c~ts and expenses actually
incurred by the Contractor in the direct provision of the Section 8 program administrative services:
employees' salaries and benefits; local transportation expenses; equipment and office furnishing
expenses or rentals; and general o/Hce expenses directly attributable to providing the administrative
services required by th/s contract including, but not limited to, telephone, pestage, duplicating,
printing, and general overhead.
3.02 Mnximnm Pnyment nnd Fe~s. The Council agrees to pay the Contractor the reimbursable costs
incurred by the Contractor in furnishing the Section 8 administrative services specified in this contract
which are reimbursable to the Council by HUD.
(a) OngoingJdministradve Fee. The Council will pay to the Contractor an ongoing adminhtrative
fee on a per. unit-per-month basis. The per. unit-per-month fiat fee reimbursement amount
Pag~ 4 of 11 page~
will be adjusted (increased or decreased) whenever the administrative fee receh~! by the
Council ~om HUD for the Section 8 housing voucher or Section 8 certiHcate/moderate
rehabilitation programs changes. Effective upon written notice from the Council, the per-
unit-per-month Hat fee reimbursement amount will be adjusted (increased or decreased)
whenever and by the same percentage the Council's ongoing adminhtrative fee is adjusted
(increased or decreased) by HUD. Until otherwise indicated in writing by the Council, the
ongoin$ administrative fee payable to the Contractor is twenty-one dollars ($21.00) per-unit-
per-month. Notwithstanding any other provision of this contract, the Contractor and the
Council agree the twenty-one dollar ongoing administrative fee amount is payable for Section
8 administrative services performed by the Contractor since Janua~ 1, 1994 to the date of
contract execution. The Council will make a one-time lump-sum payment to the Contractor
to effectuate the retroactive application o£ this provision. The lump sum payment will
represent the difference between: the payments already made to the Contractor for services
rendered from January 1, 1994 to the date of contract execution; and the current $21.00 per-
unit-per-month reimbursement amount.
(b) Enhanced Sendce. v Adminirtmtive Fee. If. the conditions stated in paragraphs 2.0'2(a) and
2.02(0) have been satisfied and the Contractor is performing the "enhanced" Section 8
program administrative services descrl~xi in paragraph 2.02(a), the per-unit-per-month
ongoing administrative fee amount payable to the Contractor under paragraph 3.02(a) will be
increased by 12.81 percent [ ongoing administrative fee x 1.1281 ]. The 1.1281 multiplier
factor currently represents a $2.69 increase in the current $21.00 per-unit-per-month ongoing
administrative fee.
(¢) Ft~ Utilization Limit. The Contractor agrees it shall not receive from the Council any
ongoing administrative fee payment (as adjusted or enhanced under paragraphs 3.02(a) or
3.02(0) ), or portion of such payment if such payment or portion of such payment will result
in the Council using more than one hundred (100) percent of the Council's Section 8 ACC
fund allocation from HUD.
(d) Porlability Ad]m'tment. In accordance with the portability provisions of the federal laws
governing the Section 8 program, the Council receives from each 'Initial PHA" eighty (80)
percent of the Initial PHA's ongoing administrative fee for each unit month a participant
family resides in the Council's Section 8 operating jurisdiction under the federal portability
provisions. Accordingly, the Contractor and the Council agree that, for each unit month a
Section 8 family receiving Section 8 assistance under the federal portability provisions resides
in the jurisdictions identffied in Exhibit A, the Contractor will receive from the Council only
eighty (80) percent of the administrative fees descn'bed in paragraph 3.02(a), and paragraph
3.02(0) as applicable.
(e) Hard-to. Hou~ Fee. Provided hard-to-house fees are reimbursed to the Council by HUD, the
Council shall pay to the Contractor on a monthly basis forty-~ve dollars ($45.00), or such
other increased or decreased fee amount established by law or by HI. ID, for each hard-to-
house family actually housed in a different unit than the family's pre-program dwelling unit.
A hard-to-house family is a family with three or more minors. A hard-to-house family is
actually housed if both a lease and a housing assistance payments contract are executed. The
hard-to-house fee is not payable to the Contractor if the hard-to-house family remains in its
pre-program dwelling unit. The Council will pay the Contractor a hard-to-house fee each
time a hard-to-house assisted family moves, to another dwelling unit with continued Section
8 assistance.
Page $o[ 11 page~
3,03 Method of Payment. Payments to the Contractor by the Council shah be made according to
the following provisions:
(a) l~mvoicn ~t Report. The Contractor shall prepare and submit quarterly invoice/reports on
forms or in a format approved by Metro HRA staff. The invoice/repons shall descn'be actual
admin/strative services performed and itemize'the Contractor's rehubursable costs
performinS those serv/ces.
(b) Jvayme~r. Ontoint administrative fee, enhanced fee (/f appl/cable), and hard-to-house fee
reimbursement payments to the Contractor w/Il be based on the number of units, as indicated
/n Metro I-IRA's monthly ut/l/zation and hard-to-house reports, which are adm/nhtered by the
Contractor within the jurisdictions identified in Exhibit A. The Coundl shall pay the
Contractor for actual services rendered on a monthly bas/s.
3.04 Operafln~ Reserve. During the term of tiffs contract, all funds received by the Contractor from
the Counci[ pursuant to tiffs contract must be expended for Section 8 pro,'am adm/n/strative costs
or held for future affordable housing related act/v/ties. The Contractor must mainta/n an operat/nl
reserve account that must be credited with the amount by wh/ch the total of adminhtrative fees
earned and interest earned on the operating reserve account exceeds the Contractor's actual
administrative expenses during the calendar year. The Contractor may accumulate in its local
operating reserve account up to $10,000.00 per year for future Section 8 adm/nhtrative expenses or
for other affordable hous/ng related act/v/ties.
4.01 Records. The Contractor agrees to ma/nta/n accurate, complete, and separate accounts and
records of all expend/.tu~ of funds for which reimbursement h claimed under tiffs a~reement and
of aH moneys rece/ved pursuant to this contract. Such accounts and records shall be kept and
maintained during the term of tiffs contract and for a per/od of three (3) years follow/ng the
termination of tiffs contract.
4.0:1 Andit and Inspection. The accounts and records mainta/ned pursuant to figs contract shah be
aud/ted in the same manner as the other accounts and records of the Contractor and may be audited
or/nspected on the Contractor's premises or otherwise by ind/v/duah or or~sn!=stions desi/nated and
authorized by the Coundl at any time follow/ng reasonable notification during the term of th/s
contract and for a per/od of thre~ (3) years following the termination of this contract. The
Contractor further agrees that HUD and the Comptroller General of the Un/ted States, or their duly
author/zed representatives, shall have full and free access to all Contractor o/tices and facilities, and
to all the bool~ ~ents, papen, and records o£ the Contractor that are pertinent to the
performance of tiffs contract or pert/nent to the operation and management oi the Section 8 pm/ram,
including the right to audit, and to make excerpts and transcr/pts from the books and records.
4.03 Data Privacy. The Contractor a/rees to abide by the Minnesota Gove~ent Data Practices
Act and other applicable state and federal law govern/ng private or confident/al data on indiv/duals.
The use or d/sclo~ure of information concerning a Section 8 program applicant or participant in
v/olat/on oi the Minnesota Government Data Practices Act or any other applicable state or federal
law or rule of confidentiality/s pro/no/ted, except on the written informed consent of the applicant
or pan/c/pant, or as otherw/se allowed or prov/ded by state or federal law.
V. CONTRACT TERM
$.01 Period of Performance. This contract is effective on the date this contract is finally executed
by the Council and shall continue until the earlier of the following: termination of Section 8 program
funding by HUD; or termination o£ this contract by either party pursuant to paragraph :5.02 of this
contract.
$.02 Temination of Contrnct. The Council and the Contractor both shall have the right to
terminate this contract at any time and for any reason by submitting written notice of termination to
the other party at least ninety (90) days prior to the specified effective date of the termination. In
addition, the Council shall have the right to terminate this contract on fourteen (14) calendar day~'
written notice if the Contractor's performance is not timely or is substantially unsatisfactory, or if the
Contractor has violated any of the terms, conditions, or agreements contained in thh contract. In
either event, on the termination of this contract all finished and unf~ni-shed documents and work
papers and products prepared by the Contractor under this contract shall become the property of the
CounciL On the termination of this contract, the Contractor will be paid for adminhtrative services
satisfactorily performed up to the date of the contract termination according to the terms stated in
article IH of this contract.
VI. CONTRAC'r PKRFORMANCI!I AND MODIFICATION
6.0! Assignment. The Contractor shall perform with its own organization the total work provided
for under this contract and shall not assign, subcontract, sublet, or transfer any of the contract work
without the written consent of Metro HRA stnff-
6.0~ Prompt Payment of Subeonlrncmrs. If the Contractor receives prior written consent from the
Council pursuant to paragraph 6.01 of this contract and assigns, subcontracts, sublets, or transfers any:
of the work provided for under this contract, the Contractor agrees to pay any subcontractor within
ten (10) dal~ of the Contractor's receipt of payment from the Council for undisputed services
provided by the subcontractor(s). The Contractor further a~rees to pay interest of one and one-half
(1V:) percent per month or any pan of a month to the subcontractor(s) on any undisputed amount
not paid on time to the subcontractor(s). The Contractor agrees the minimum monthly interest
penalty payment for an unpaid balance of one hundred dollars ($100.00) or more is ten dollars
($10.00). For an unpaid balance of less than one hundred dollars ($100.00), the Contractor agrees
to pay the actual penalty due to the subcontractor(s).
6.03 Amendments. The terms of this contract may he changed or modified by mutual agreement of
the parties. Such amendments, changes, or modifications shall be effective only on the execution of
written amendment(s) si~ned by the Council and the Contractor.
?.01 lndemnilkntion. The Contractor agrees to indemnify and save and hold the Council, its agent.s,
and employees harmless from any and all claims or causes of action arising from the performance of
this contract by the Contractor or the ContractOr's employees and agents. This clause shall not be
construed to bar any legal remedies the Contractor may have for the Counc/l's failure to perform its
obligations under this contract.
'/.02 Insnrance. The Council assumes no liability with respect to bodily injury, illness, accident, theft,
or any other damages or losses concerning persons or property arising out of the use or maintenance
of Contractor's premises, equipment, or vehicles. The Contractor is responsible for providing
adequate insurance coverage to protect against legal liability arising out of the Contractor's activities
Pag~ 7 of 11 pag~
under tiffs contract. Upon request from Metro I-IRA staff, the Contractor shall prov/de copies of
insurance imtruments or certifications from the insurance issuing agency which show the insurance
coverage, the designated beneficiat-/, the parties covered, and the coverage amounts.
7.03 Independent Contractor Status. The Contractor acknowledges that the Contractor and the
Contractor's agents and employees are independent contractors under the terms and conditiom o£
this contract. The Contractor is responsible for the employment, discharge, compensation, benefit
coverage, and supervision of all Contractor personnel, employees, and agents. The Contractor
expressly acknowledges that the Contractor and the Contractor's personnel, employees, and agents
shall not assert any claims agaimt the Council for unemployment, workers' compensation, or other
employee benefits of any type related to the performance of tiffs contract.
VlIL EQUAL EMYLOYMENT~ NONDISCRIM~ATION
8.01 Equal Fmployment Opportualty. The Contractor agrees to provi~ equal employment
opportuniti~.
(a) Nondiscrimination and A~rmative Action. The Contractor shall not discriminate against any
employee or applicant for employment because of race, color, creed, religion, national origin,
sex, marital statm, statm with regard to public assistance, disability, sexual orientation, or age.
The Contractor shall take al~mative action to ensure that applicants are employed, and that
employees ar~ treated during employment, without regard to race, color, creed, religion,
national origin, sex, marital statm, status with regard to public assistance, disability, sexual
orientation, and age. Such action includes, but is not |imlted to, the following: employment,
upgrading, demotion, or tramfer, recruitment or recruitment advertising; layoffor termination;
rates of pay or other forms of compensation; and selection for tr~|n!ng, including
apprenticeship.
(b) Notice Posting. The Contractor agrees to post in compicuom places, available to employees
and applicants for employment, notices setting forth the nondiscrimi~ation provisions of
paragraph 8.01(a) o£ this contract. The Contractor will in all solicitatiom or adverti~ments
for employees placed by or on behal~ of the Contractor state that all qualified applicants will
receive consideration for employment without regard to race, color, creed, religion, national
origin, sex, marital status, statm with regard to public assistance, disability, sexual orientation,
and age.
(c) Subcon~ct~. The Contractor agrees to incorporate the pwvisions of paragraph 8.01 in any
subcontracts for pmiect work.
8.02 Equal OppormMty Compllaue2 Revit~s. The Contractor shall cooperate with the Council and
HUD in conducing compliance reviews and complaint investigatiom pursuant to applicable federal
and state civil righls statutes, exe~ orders, and related rules and regulations.
8.03 Nondiscrimination in Homing. The Contractor agrees to comply with federal and state laws
prohibiting discr/mlnation ill homing.
(a) Federal Laws. The Contractor shall comply with the nondiscrimination requirements of Title
VI of the Civil Rights Act of 1964 prohibiting discrimination based on race, color, or national
origin and F. xecuti~ Order 11063 with re~p~t to tho~ prOViSiom prohibiting disc~'mirmtion
based on religion or sex, and with implementing HUD regulations. The Contractor shall
comply with Title ~ of the Civil Rights Act of 1968 which prohibits discrimination in ~he
sale, rental or financing of homing on the basis of race, co[or, religion, sex, handicap, familial
/'a~ 8 of 11 pa~
status, or national origin and with any implementing regulations. The Contractor shall comply
with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits
d',~mlnation against handicapped persons who would otherwise qualify to participate in the
Section 8 housing cenilicate or housing voucher programs and, where applicable, the Age
Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age.
Unwed parents, families with children bom out of wedlock, and recipients of public a,uistance
shall not be excluded bom partidpation in or be denied the benefit of the Section 8 housing
certificate or housing voucher programs because of such status.
Co) State Laws. The Contractor shall comply with all applicable provisions of the Minnesota
Human Rights Act.
IX,, GENERAL PROVISIONS
9.01 Conflict of Interest. The Contractor agrees to abide by federal and state conflict of interest
lava pertaining to the performance of this contract.
(a) Federal Con, fl/c~/~:~.sio~u. (1) In accordance with pan IL section 2.13 of the ACC [ form
HUD-$2~20-E ] between HUD and the Council, the Contractor shall not enter into any
contract, subcontract, or arrangement in connection with the Section 8 housing certificate and
housing voucher programs in which any of the following classes of persons has an interest,
direct or indirect, during tenure or for one year thereafter:.
(0 Any present or former member or officer of the Council or the Contractor, except
a "tellallt commls-,ioller.'
(h') Any employee of the Council or the Contractor who formulates policy or who
influences decisions with respect to the Section 8 housing certificate or homing voucher
programs.
(iii) Any public official, member of a go,~r~r~g lxxly, or state or local le~slator who
exercises functions or respons~ilities with respect to the Section 8 housing certificate or
housing voucher programs.
(2) Any members of the classes descn'bed in paragraph 9.01(a)(1) must disclor, e their
interest or prmpective interest to the Contractor, the Council, and HUD.
(3) The requirements of paragraph 9.01(a)(1) of this contract m~ be waived by HUD for
good cause= No person to whom a waiver is granted shall be permitted (in the capacity as
a member ora ~ descn'bed in paragraph 9.01(a)(1)) to ~ respons~ilities or functions
with respect to a contract for housing assistance payment executed, or to be executed, on his
or her behalf, or with respect to a contract for housing assistance payments to which this
person is a party.
.(4) No member of or delegate to the Congress of the United States of America or
resident commissioner shall be admitted to any share or part of this contract or to any
benefits which may arise bom it.
(b) State Con/~c~/~vbio~u. The members, officers, and employees of the Contractor will comply
with all applicable state statutory and regulatory conflict of interest laws, including Minnesota
Statutes section 469.009, as amended.
Page 9 o! 11 page~
g.O~ Federal Certification Regarding Lobbyin~. The Contractor certifies, to the best of its
knowledge and belief, that:
(a) Use of Federal Fund~. No federal appropriated funds have been paid or will be paid, by or
on behalf of the Contractor, to any person for influencing or attempting to iniluence an
ofticer or employee of an agency, a member o£ Congress, an oRicer or employee of Congress,
or an employee of a member of Congreas in connection with the awardinl of any federal
contract, the making of any federal grant, the making of any federal loan, the entering into
o£ any cooperative a~reement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
(b) Disclosu~. If any funds other than federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any agency,
a member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with this contract or its funding, the Contractor shall complete and
submit Standard Form-LLL, *Disclosure Form to Report Lobbying." in accordance with its
instructions.
(c) Cen~~ This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. This certification is a prerequisite for
making or entering into this tramaction imposed by title 31, United States Code, section 1352.
Any penon who fails to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $1(30,000 for each such failure.
9.03 Fedentl Regulationsl, HUD and Metro HRA Policies. The Contractor agrees to perform the
Section 8 program administrative services contemplated under this contract in compliance with: pans
813, 882, 887 and other applicable provisions of title 24, Code of Federal Regulations and other
applicable provisions of the federal regulations governln$ the Section 8 housing assistance payments
program; applicable provisions of the HUD Handbook; the Adrni,~i, ttrative Plan for the Metropolitan
Council Housing and Redevelopment Authority, as amended or revised; the Metropolitan Council
Housing and Redevelopment Authority Procedures Manual, as amended or revised; HUD's Housing
Inspection Manual l~or the Section 8 Existing Housing Program; and all other applicable procedures
and policies as may be provided to the Contractor.
9.04 Prohibition of Servica ~ The Contractor shall not charge any fee to any Section 8
program applicant or participant or char~ any fee to any rental property owner for any Section 8
program administrative services provided under this contract.
9.05 Prior Contracts. The Contractor and the Council agree this contract supersedes and replaces
Contract No. M-88-4 as amended, and any other prior Section 8 program administrative services
contracts entered into between the Council and the Contractor. Contract No. M.88-4 is terminated
upon final ex~mtion of this contract.
9.06 Warranty of ~ Capacity. The individual signing this contract on behalf of the Contractor
represents and warrants on the Contractor's behalf that the individual is duly authorized to execute
this contract on the Contractor's behalf, and that this contract constitutes the Contractor's valid,
binding, and enforceable agreements.
Page 10 of 11 pages
IN wrI'NF. S5 WHEREOF, the Contractor and the CoUncil have caused th/s contract to be executed
by their duly author/zed representatives.
Dam August 9, 1994
Pag~ 11 of 11 ~
EXIflBIT A
CITY OF NEW HOPE
The City of New Hope ("Contractor") shall perform the Section 8 program contract services within
the City of New Hope located in Hennepln County, Minn_esota.
.4.1