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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