012296 EDA· Official File Copy
CITY OF NEW HOPE
EDA AGENDA
EDA Regular Meeting #2 January 22, 1996
Agenda #2
President Edward J. Erickson
Commissioner W. Peter Enck
Commissioner Pat La Vine Norby
Commissioner Gerald Otten
Commissioner Terri Wehling
1. Call to Order
2. Roll Call
3. Approval of Minutes of January 8, 1996
4. Resolution Approving Agreements with Key Group Advertising for
Billboard Agreements with Naegele Outdoor Advertising for 1996 Shop
Neighborly New Hope Campaign (Improvement Project No. 537)
5. Resolution Approving Submission of the Minnesota City Participation
Program (MCPP) Application to the Minnesota Housing Finance Agency
(MHFA)
6. Resolution Approving First 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
7. Adjournment
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
HENNEPIN COUNTY, MINNESOTA 55428
Approved EDA Minutes January 8, 1996
Meeting #1
CALL TO ORDER President Erickson called the meeting of the Economic Development
Authority to order at 8:46 p.m.
ROLL CALL Present: Erickson, Enck, LaVine Norby, Otten, Wehling
Staff Present: Sondrall, Hanson, Donahue, Leone, McDonald, French
APPROVE MINUTES Motion was made by Commissioner Norby, seconded by Commissioner
Enck, to approve the EDA minutes of December 11, 1995. All present
voted in favor. Motion carried.
IMP. PROJECT 837 President Erickson introduced for discussion Item 4, Discussion Regarding
Item 4 1996 "Shop Neighborly New Hope" Promotion (Improvement Project No.
537).
Commissioner Wehling reported that she and city staff met with Key Group
Advertising, Inc. regarding a campaign for 1996. She recommended
appointing a steering committee and welcomed input from the other EDA
members. Invitations will be distributed to the star retailers. President
Erickson directed Commissioner Wehling to schedule a 3:00 p.m. meeting
in the near future.
DATA BASE President Erickson introduced for discussion Item 5, Resolution Approving
PROGRAM Contract with TwinWest Chamber of Commerce for Minnesota Real Estate
Item 5 Journal Property Tracking Data Base Program.
EDA RESOLUTION Commissioner Enck introduced the following resolution and moved its
96-01 adoption: "RESOLUTION APPROVING CONTRACT WITH TWINWEST
Item 5 CHAMBER OF COMMERCE FOR MINNESOTA REAL ESTATE JOURNAL
PROPERTY TRACKING DATA BASE PROGRAM." The motion for ado ption
of the foregoing resolution was seconded by Commissioner Wehling, and
upon vote being taken thereon the following voted in favor thereof:
Erickson, Enck, LaVine Norby, Otten, Wehling; and the following voted
against the same: None; Absent: None; whereupon the resolution was
declared duly passed and adopterl; signed by the president which was
attested to by the executive director.
ADJOURNMENT Motion was made by Commissioner Wehling, seconded by Commissioner
Norby, to adjourn the meeting. All present voted in favor. The New Hope
EDA adjourned at 8:50 p.m.
Respectfully submitted,
Valerie Leone
City Clerk
New Hope EDA January 8, 1996
Page 1
EDA
(,,(~t,,) REQUF.~T FOR ACTION
Originating Depmhtaent Approved for Agenda Agenda Section
City Manager EDA
'~---x~-' 1-22-96
Kirk McDonald _I ~ Item No.
By: Management Assistant By:/:'/ 4
RESOLUTION APPROVING AGREEMENTS WITH KEY GROUP ADVERTISING FOR
BILLBOARD AGREEMENTS WITH NAEGELE OUTDOOR ADVERTISING FOR 1996 SHOP
NEIGHBORLY NEW HOPE CAMPAIGN (IMPROVEMENT PROJECT NO. 537)
Pursuant to the direction from the January 8th EDA meeting, staff is proceeding with preliminary plans
for the 1996 "Shop Neighborly New Hope" promotion. One of the first items that needs to be taken
care of is reserving the billboards for the campaign advertisements. Key Group, Inc., the firm the
City is working with on this campaign, has submitted the enclosed two agreements from Naegele
Outdoor Advertising for consideration by the EDA.
One agreement reserves both sides of two (2) billboards, for a one-month period starting June 10th,
as follows: 3530 Douglas Drive (northwest face and southeast face)
3620 Winnetka Avenue (north face and south face)
The cost for the agreement is $2,941.00. (Staff is pleased that we are able to get the board at 36th
and Winnetka, as that location has high visibility in New Hope and was not available last year.)
The second agreement reserves both sides of a porta panel billboard for a two-week period starting
June 10th. This would be the same porta panel that was used last year for Winnetka and City Center
and would be located on Winnetka Avenue. The cost for the agreement is $340.00.
Both of these billboard costs are included in the estimated budget prepared by Key Group and the
combined cost of $3,281.00 is considerably less than the amount budgeted ($7,400.00). It is
anticipated that the cost of the billboards will be covered by the major sponsors of the campaign.
The enclosed resolution approves the agreements and staff recommends approval of the resolution.
MOTION By
TO:
!
Review: Administration: Finance:
RFA-O01
CITY OF NEW HOPE
EDA RESOLUTION NO. 96-
RESOLUTION APPROVING AGREEMENTS WITH KEY GROUP ADVERTISING
FOR BILLBO/X~RD AGREEMENTS WITH NAEGELE OUTDOOR ADVERTISING
FOR 1996 SHOP NEIGHBORLY NEW HOPE CAMPAIGN
(IMPROVEMENT PROJECT NO. 537)
WHEREAS, pursuant to the direction from the New Hope Economic Development Authority
on January 8th, the City is proceeding with preliminary plans for the 1996 Shop
Neighborly New Hope promotion; and
WHEREAS, one of the initial matters that needs to be resolved is reserving billboards for the
campaign advertisements; and
WHEREAS, Key Group Advertising has submitted two agreements from Naegele Outdoor
Advertising as follows:
1. Two billboards for one month starting June 10th at the following
locations:
3530 Douglas Drive (northwest face and southeast face)
3620 Winnetka Avenue (north face and south face)
Cost $2,941.00
2. One porta panel billboard (both sides) to be located in area determined by
City.
Cost $340.00
NOW, THEREFORE, BE IT RESOLVED, by the New Hope Economic Development Authority
as follows:
1. The EDA approves the agreements and authorizes execution by the Mayor
and City Manager.
Adopted by the New Hope Economic Development Authority, City of New Hope, Hennepin
County, Minnesota, this 22nd day of January, 1996.
President
Executive Director
Janua~ 8,1996
Ms. Judy Hemak
Key Group Adve~ising
501 South Eighth Street
Minneapolis, Minnesota 55404
Dear Judy:
Enclosed please find the two contracts for the City of New Hope. Please note
that I scheduled the' porta-panel for the same weeks as last year.- The dates that
fall during that period this year are ~~ou wantto adjust these
dates please let me know as soon ~~r information that I will
need from you regarding the porta-panel is the permit from the City and a map
showing the location where you would like the porta-panel delivered.
Please sign these contracts and return them to me to secure your locations..
Let's get together to discuss creative some time in March.
If you have any questions, please feel free to call me.
Sincerely,
Account fix~¢uti¥~
Naegele Twin Cities
TLD:sak
enc.
POSTER DISPLAY Date 8
.~ le ~r A~b~ ~pany O R D E R ~ntract e
~ ~ 17~ West 7~ Strut
~ M~e~lis, MN 5~23 New Renewal
~ ~ 61~869-1~
ADVERTISER C[~ O~ ~ ~OE~ AGENCY ~ ~
Address ~01 ~ A~ Address ~01 SO~ ~[~ S~
~O~ ~ ~5~28 ~[[S. ~
~ Con.ct, ~ ~
Phone (612) 375-1080
Phone ~O~ )DO~
PRODUCT
Te~s: Payable mon~, net ~sh thi~ (~) ~ys after invo~ ~te.
Poster Period: If ~sfing ~ de~y~ ~ ~stem am ~iv~ by Company I~ ~an five (5) ~ng ~ prior to ~ ~fing dates spirit,
Company shall in~ and A~edi~r/Age~ shall pay for ~e full pe~ s~fl~, a~ no~s~n~ng s~ ~lay, ~e delay
~H~ shall e~ire on ~e ~te s~fi~ heroin.
CANCE~ON: ~is agreement ~y ~ ~ncell~ ~ eider pa~ only by wfiEen Nofi~ of ~~ as fol~:
ONCE PR~R~ HAS BEGUN (A~R ADVERTISER IS INSTALLED IN ~S FIRST L~ATION): A~e~r/Ag~ shall be
insensible for all m~ly display ~ts for ~e ~fi~ of ~ days f~ng A~e~ser/Age~ ~ipt of ~e flint ~larly s~ul~
invoice s~t by Na~le to A~e~ser/A~nw following ~e Noti~ of Ca~aa~, at ~ fl~ ~1~ ~a~ ~ ~mp~te.
PRIOR TO PROGRAM STA~ (BEFORE ~VERTISER IS INSTALL~ IN ITS FIRST L~A~):
A~ediser/A~ shaR be r~ns~ for all p~u~ ~s~ i~ff~ (~r~h ~e ~ ~fl~ is ~lv~ ~ Na~ele) O~ng
but not limit~ ~ a~o~, painting, lair, a~ handling) and sha~ al~ ~ ~sible f~ ~nth~ display ~ ~r ~e flint ~ da~
of what w~ have ~n ~e display ~.
AIIo~ent Rate No. of , , To~
AR~ .
Ci~, T~ or Dist~ GRP's Non-Ilium. Ilium. Total Per Mon~ Mont~ P~ce
PO~TA P~ - ~- I $400 2 ~S $400
~ HOPE ' . . ~ ~' . ~SS. 1~,[ AG~ C(~SS~0N: '~60
Tolal Contrscl Amo~n~ $ 340
Special Instructions: (Paper productkm coats not
included In p~&ce ol contract.)
Posting Dates (subject to 5 day allowance)
19 06 10-21
NOTE: If Advertiser/Agency has purchased under a long rate price (ire; discount)' and by cancellation does not fulfill' the time period of the long rote,
Advertiser/Agency shall be responsible for paying the difference between the long rate price and the higher rate card price.
NOTE: Naeg~e OUtdoor Adv. Co. is.not responsible for the theft or damage of special production effects.
Advertiser/Agency acknowledges that the foregoing order is subject to the terms on the reverse side'of this form.
ADVERTISER:' COMPANY:
C'I'T~ 0~' ~ ROPE Accepted ,19
NAEGELE OUTDOOR ADVERTISING COMPANY
By
Signature . By
General Manager
Print Name
Title Salesperson
Date ,19 __
AGENCY:
[SY' (~ROEP ADVE~T]:S:L~G
By
Signature
Print Name
Title
Date . I
CONDITIONS
1. Agreement Upon Acceptance. Until accepted and signed by Company, this order constitutes only an offer to purchase the advertising services
described herein.
2. Approval, Indemnity. The Company reserves the right to reject, at any time (either before or after display) any copy, pictorial or otherwise,
which, the Company, in its sole discretion, considers to be false, misleading or deceptive, or n violation of existing laws, or offensive to the moral
.standards of .the community, or which in any way reflects on the character, integrity, or standing of any individual or organization. Notwithstanding the
for .egoing, Advertiser/Agency agrees to defend,_indemnify and hold ~e {.;o .mpany na.rmless from any and all claims, loss, liability, judgments, costs
~h~s~,~ar:~nma:nl~. attorney's fees incurred by the L;ompany adsing out eL or related to, me contents or subject matter of any copy displayed pursuant to
,__?-_C_o_n~r__u?t_ion end...Removel; Indemnity. C?mpany s.h. all _be rasponsib, l.e for ~.ag.rees to indemnify Advertiser/Agency against any and all
~,~.~eff?_,u?mages .res..u. mng TO pa~ or p .mpany c~.u .se~. oy .u. orn_pany or ~m a. genis in me. construction, maintenance or removal of any display.
~ver[Iser/,Rgen. snail oe_~nsmm TO.r ana agrees ..to tnaemnlty uomp. any again.st .any .a. na .a. II I.ceses or damages resulting to persons or prope
caused by s~effects or devices prowded by Advertiser/Agency to be tncorporated imo me a~splay, rty
4..Lo.ee .of..Lo..on..if for any reason Company is unable to provide a display at a Iocalfon specified herein, Company may substitute a location of
equal aoveraslng value, me determination as to which shall be made by Company in its sole discretion.
theSioLrmOa~ofOaf_lll_uein_ ~stio?.:.lf a. dve_rfis!ng, circuit..~.t? is.red, uc~...due to a partial or.total .loss. o! illu. mina '.tic~.., A .dvortiser/Agency shall receive a credit, in
mn~en~on,nnn~o~ha~nnle~,=~e=,n~3o~_.u_~.~p?.y_5.e_n_.o~__._o_r_a_eemonm ~a?v?mslng sit. ace.,, prop? ..rl~nate...m.m.e ~ o~ Illum. ir~..non but ..not to exceed twenty .(.207)
L__?' _A~g?nt'.?.~R.e .p?mmtaflv.e.. If this A.g .mem.en~. is .executed.by both Advertis.e. r ar~. Agency, each shall be join .tl~ and severally liable to Company
,,n..e.._r_e,_u_n??_~'_?,_?,.a:~_n~.m, ant..~s exectn .ee o~..ly oy ,Rgen~-'y, A~lenc3( represe..nts an.cl . .ac~::aM~s that ~ is acting as an authorized agent for a
~_=~__u~_.. ?__n~..p_m~L_m~,_~?ve~_m__~_ rna .m~.L on. me re. verse r.m. re..o....L .a~.., a..s .s. ucn,.e~...cn et, A .ge~. ~ Adve .r~ser shall be jointly and severallyliable to
~,,,o~,.,ya-~;.=~_er._,,~ m~.n~.rence ? me tot .~n.g, ~ ~,mouT ?m2taa.?n o.; .me .se.m.e., }n in?encee wn.ere this Agreement is executed only by
~o~r~.~:~u__u2m,_~_ _a_.n~_ un_? ~_~;ler~7 oe.co, mee. ~n .sowem [.nowever. ?en.n.ee)or ~s in. c~..tau, [as ?e.n.n.ed hem. in), Company covenants that it shall look
,...~,.,.-L~.,!.,,..=_ .p~a_,,y,m~__?_o_L~a?_,nv.o.,_.Ts___aLe- n_e~..u~_n?er..p.r???e?..no.~v.e..r, ,n ~ .e.ve.nT of ~ge .ncT.s, .np. ~.ncy or defeat, the immediately
,,.,,~3tp.-,~. y, uv,o,~.~ re,mi f~t i~l;~p/ ~ ~;~mpany snail D~. enuueu [o lOOK. TO elmer or Dom Aeencv~ _. aRau .4~3verfi.~r t~r ~-r~'m~n! ......................
pnor ecru. rre. nce of any advances or payments by Advertiser to Agen .c7 .th respect to amounts due hereunder. As secu~'~r A~3encv's obli~i~ns
.nereunue,r,, A. ge.ncy nareoy assigns to L;ompany all claims now existing or hereafter adsing by Agency against Advertiser for ~rno~nts dug or to
Deoome oue to Agency pursuant to or as a result of se~ices rendered by Agency in connection with ~is Agreement.
co~7~n/~ncy. ,oCOmsuc~,?_o~._..l_tei_s _A~g_r,, ~_ __,.i~..executed.b.y .a .d.u. lya .ccredit. ed .A.dvertising Age ..n~.., ~ p,ce speci,ec~., be?in is subject to an agency
· ~.~. .... u au~, ~mm~aa,on sna, ua pa,3 ?_,l:~a. ,y~_mn._.[~,._m_~Lts not recelvee oy uompany w~mln srxty (60) days aner date of invoice or if Agency
did not delwer typeset and camera ready artwork u, a u,,=~y basis
isbe_8.:~,D~f_~e_u._R..~__e f?__l~_'n~_. ~ d~.fi?.as events.of default: !f ~ .Adve. rti .s~. rlA~qe .ncy fa. ils t.o pay an invoice .wh~..n. due, makes'an assignment for the
~.,=~[:,.~_,_~ =e~_~u_r~.L_n~...a_a__p~..u~_o? in _o~?..Kru~pmy_or_ tor renrgenlza .a~3n..un~..er me.u.an .K[U. p~ .~. Act file~l, b.y o[. against it, has a Court-appointed receiver or
~_x~u~ ,,, .a~_ v~u?r ? .any .[..orum.., or r~ m.e ..-.~:;?mpan. y r.eesonal~.ly oelmves Aa.v...emser(.Rgency is i ..n?owent. Should an ev..ent of default occur, the
li.k,[P~or~Yal~aY?.._ml~rt~.t.e_,?_~o?_ .~a~,_ao?s .un_~r. m}? oontra, ct .u..po.n n.ve. (5.} days ..wr~t_en notice to A.dve~ser e..r Agency..AcN. ertiser/Agency shall remain
ama .u/, al! e&IIIUUII~ ~ U~Ir ~lla co~[ra~ Iff B'IO event eT. glelr eetaua, oven. n.uompany exerc~see Es (:11311Oll to .terminate 'Its obligations' ' hereunder.
~A_dv~e,~'~se~.A_g?._n~y~__a.,...g~_ __~?_.y._an~_y~_a~d~ all ~.and.. d~..bu, rsem.e..nts, includ,ng reasonable attorney's fees, tncurred by Company in collecting
,,,,.,~.~a uu= u.u=u u,a ~unua~-% wnemer or no[ legal acaon is DrougnL
a . ,ura or.deW, in.wh or*.n .part..* .n..,revlOn .0. ,. di o,a. agr.. to be=.'.. .u,Ung of Go.. s k.. con ,ed
.,.....~ o.~y e~_~_o..y~_. ,or_mo~__r..o_rg?,__n_~ _za?ons; __1~_ c~ .t?, nots; .C?ll.ln_.surrecaon,.wa.r, n~. aona~...e .mer .genc~., ~..v.ern. mental restrictions, inability to secure
al.~.=u .,m=,,a, u~ ,urn any omer oause Deyorlu 111o con,roi o1' uompany, snail not consllture a oreacrl o! mis Agreement.
10. MMrrATION OF LIABILITY. COMPANY'S LIABILITY FOR ANY AND ALL LOSSES OR DAMAGES TO ADVERTISER/AGENCY (INCLUDING
WITHOUT LIMITATION ANY INDEMNIFICATION LIABILITY UNDER PARAGRAPH 3 HEREOF) RESULTING FROM COMPANY'S FAILURE TO
PERFORM ANY PART OF THE SERVICES SPECIFIED HEREIN OR OTHERWISE SHALL IN NO EVENT EXCEED THE PRICE OF THE DISPLAY
WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. IN NO EVENT SHALL COMPANY BE RESPONSIBLE FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES.
wh.11.. As~ign. m.e~..L ~ rights and obligations of .Advertiser/Agency hereunder are not assignable without Ihe prior written consent of Company,
mn consent snail not ue unreasonably wilhheld. The ~.;ompany may assign its interest hereunder.
datle2~,tl~VeOimc~ml~ s_h_al, ,_I~_ ~u..and .~.y.abl.e thirty (3?.) days ..fief.da. o.f invoice;, late cha ~rges .hal! a..~.~'~. _ commencing 30 days after due
th ....... .[_,~x,-.;_u~,..,_ .m?_ pa??.ea oy law.:.., ml.s .Ag.?~_.m.enT is.e. xeo~. ee.D.y an Agency, Agency understands mat Company may notify Advertiser in
,:, ~,v.:,.~ ,~t,~.,..7 ;a.. to pay any invoke Wmlln s~'ty U~J) Qays or invoice
da.? .o"-:,re. to othe.po,ter dispis spac,,ed he.ei., Pns,ng Datesl subject to a,ve (S) wor ng
_u~_,_y_-_~,_l- ._,__K~_.,~?. spa~e IS n.ot.ava.!laDi.e.~ as soon me.r. ea?e.r as spa. ce....~co, rnes a.va,ame, n. aavertising space cannot be obtained for the posting
~.~,s,-Uub~tuStionPo~ss~ll. ln ..an .ar~. ;.Aavem .ser/..qge~-~. m. aye,lm,r~.m or suesmum tot SUCh area or it may aubstitute other posting dates. Such elimination
I'1~11 not arrec~ tna ramatnaer or u'~ Agreemem.
ri_hlt4~oOlelVlimS!_bi_l._it?_..A_d,.i _ue_t_n?_nt. ~ .lf?.eve~...t .C~m..p~ny ~unable.to perform a. part of ~,.ad?e~sing .se :.n~es .s. peoi_'fi, ed herein, Company reserves the
v~i;;~f;l~;;,;;;,~r~c~U~e~ii~Viin~tte~l~ m crea,:,Raversserl.Rgency ror any service so ,,,mlnatecl oy .x~encllng me Display Period proportionate to tho
15. Poster Paper. Advertiser/Agency shall deliver-or cause to be delivered sufficient poster paper (110% of stands required), including paper for
.r_e_n_e.,w?l~, not.later .lhan fi.v.e .(5)world.n.g..days .prior I~. I.X~_.ting .date.. It is lhe .respor~. ~billty of Advertiser/Agency to provide paper with sufficient weight,
~t~?__,st_ren..,_g?__a_r~_:. _Ol~,ty_t?. prevent an.o. ,w-re. rough: ~ pre~.ousn/.L:~.teq..copy...vvne, r.e paper ~.m. is .hed b.y A. dy-ertiser/Agency does not meet these
-re;i'~t:~v' _~_u_?_[a_n_y_?.na.,. n._o~_o?_,m, sponsip~e xor au?.. s. no~.. -mr.~.gn- ans..Rowe?se.r/Age .ncy. v~ll .oe jnv~ced for additional charge for blanking out
~, ,=v uu~ty pu~t~u uupy. ~uveraser/Agency IS responsible to me pnnter, or omers, mr me cost o~ proouang me poster paper.
16. Embelllehmenta. The useful life of embellishments (cut-outs, pop-upa and extensions) is guaranteed for one year. All embellishments will
remain the property of the Company.
17. Form of Credit. Any credit dUe Advertiser/Agency for any reason, including credit for repaints missed for which Company is responsible, for
loss .of. Ioca.tion.du. dng thb Display Pedod, for Company's inability to perform an)/advertising service specified herein, or for reduction in advertising
circulation oue to loss of illumination, shall be in the form of additional advertising services of equal value. The determination as to which shall be
made by Company in its sole discretion.
18, General. This Agreemen~ constitutes the entire agreement between the parties and supersedes any and all prior or contemporaneous
understandings and representations. No modification or waiver of any provisions of this Agreement, nor any consent to any departure by
Advertiser/Agency therefrom, shall in any event be effective unless the same shall be set forth in a writing duly signed or acknowledged by Company,
naonrd _th_.e.n.?_,u_c..h _w_aive_r_o_r~co_n.s~ent shall be effective only in .the. specitic instan.c.e, an.d for th.e sp?cific performance for which given. Neither any failure
m,y uu~ay on me par or ~ompany in exemising any rignL power or privilege nereuncer snail operate as a waiver thereof, nor shall a single or
partial exercise thereof preclude any other or future exercise, or the exercise of any other right, power or privilege. If any provision of this Agreement
is determined by a court to be invahd or unenforceable, then such provision will be deemed null and void to the extent so determined, but in all other
respects the provisions of this Agreement shall be enforceable according to its terms. The laws of which the contract is written shall govern the
validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto.
POSTER DISPLAY 8
Date ,19 ~ 6
~ ~ 17~ West 78th S~t
~ M~a~lis, MN 5~23 New Renewal
ADVERTISER C[~ O~ ~ BO~[ AGENCY ~] ~ ~V~[S~G
Address 440l ~ A~ ~0~ Address ~01 SO~ ~[~
~ HOP~, ~ 55428 ~A~OL[S. ~ 55&0~
Phone ( 6~2} 53[-5100 Phone ( 612)375-~980
PRODUCT DU~ DU~ ~AYS
Te~s: Payable mon~N, net ~sh ~i~ (~) ~ after i~ ~te.
Poster Ped~: If ~ng Is delay~ b~e ~stem am ~ed by Company le~ ~n ~e (5) ~ng ~ pdor to ~ ~ dates sp~fl~,
Co,any shall invo~ and A~e~r/Age~ shall pay for ~e ~11 ped~ s~fl~, a~ ~s~n~ s~ d~ay, ~ delay
ped~ shall e~im on ~e date s~fi~ heroin.
CANCE~ON: ~ agm~ent ~y ~ ~ncell~ ~ eider pe~ on~ by ~aen No~ of Can~lla~n ~ fol~:
ONCE PR~ HAS BEGUN (A~R ADVER~SER IS INSTALLED IN ~S FIRST L~ATION): A~e~r/A~ shaa be
res~sib~ f~ aa m~t~ dtsphy m~s for ~e ~d~ of 60 da~ foiling A~e~serlAge~ ~t of fie flint ~la~ s~e~l~
invoice ~nt by Na~ele to A~e~ser/A~ ~ll~ing ~e Noti~ of Ca~, at ~ 0~ ~lh~ ~1 ~ ~mp~te.
PRIOR TO PROG~M START (BEFORE ADVERTISER IS INSTATED IN ITS FIRST L~A~ON):
but not limit~ ~ a~o~, painti~, la~, a~ ~ndling) and shall also ~ ~nsible f~ ~n~ display ~ ~r
of what wou~ have ~ ~ d~lay ~.
~. NIo~nt Rate . . No. of To~l
Ci~, T~n or Distfl~ GRP's Non-Ilium. Ilium. To~l Per Mon~ ~ Pd~
Total Conlracl Amount: - $ 2,941
Special lnstructions: * 3.530 DOU~ DRTV'E, ~ (PaperproduclloucoM~nol
SEE ~duded ~ pdce o~ contract)
· 3620 k-INI~ETEA, ~
Posting Dates (subject to 5 day allowance) Sff
Jan.- Feb. Oct. Nov. Dec.
19 96
19
NOTE: If Advertiser/Agency has purchased under a long rate price.(i.e, discount) and by cancellation does not fulfill the time period of the long rate,
Advertiser/Agency shall be responsible for paying the difference between the long rate price and the higher rate card price.
NOTE: Naegele Outdoor Adv. Co. is not responsible for the theft or damage of special production effects.
Advertiser/Agency acknowledges that the fore!~ioing order is subject to the terms on the reverse aide of this form.
ADVERTISER:' COMPANY;
CI'['~ OF ~ HOPE Accepted ,19 .
NAEGELE OUTDOOR ADVERTISING COMPANY
By
Signature , By
General Manager
Print Name TRACy DYRR
Title Salesperson
Date ,19 ~
AGENCY:
KE~ 'G~__OUP ADVERTISING
By
Signature
Prinl Name
Title
Date 19 .
Proposal for
The City of New Hope
"Shop Neighborly New Hope"
Prepared by
Key Group Advertising, Inc.
January 1996
Marketin~ Plan -
· Kick-Off event June 12- "Duk Drop and Shop" at Civic Center Park held in conjunction with the
City's summer concert series; with helicopter Duk Drop of 2,000 plastic ducks redeemable for ..
business-donated prizes; live music, food and family activities. '
· Tabloid: Four-page, full-color tabloid inserted in Sun Post. and Star Tribune and distributed to all
New Hope businesses; featuring illustrated map of New Hope businesses and official "Play Shop
Neighborly New Hope" game.
· Play Neighborly New Hope game flyers: Featuring a directory of participating New Hope
businesses and.spaces for six stamps. Players complete-game by visiting six New Hope
businesses and receiving stamps. Completed games can be-deposited as registration blanks for
prize drawiAgs of Duk-Bucks. Game boards will also bc featured in print advertising and the
tabloid~
· In-Store specials: Newspaper and tabloid advertising will refer shoppers to look for Shop
Neighborly New Hope specials in participating stores through Duk Duk Daze
· Prizes: In addition to business-donated prizes redeemable at Duk Drop, $2500 in Duk-Bucks gift
certificates will be given away to winners of the Neighborly New Hope game in drawings during
'~-Billboards: Featuring Shop Neighborly Hope logo
New
and
new
he~ali!1~
· Banners: Additional streetlight banners with Shop Neighborly New Hope logo and high-visibility
banner on water tower on Hwy. 169
· Newspaper:. weekly ads in Star Tribune and Sun Post newspapers_ ......
· internal Communications: The elements and oppommities for business partio'pation in Shop
Neighborly New Hope will be presenmd in campaign kits distributed at a Shop Neighborly New
Hope breakfast meeting scheduled approximately 2 months prior to the campaign.
Estimate
City of New Hope ~
"Shop Neighborly New Hope" Four-Week Campaign
with 1995 cost comparison -" - -'
January 3, 1996
1996 1995
Kick-Off Event Wednesday, June 12 $2,500 $2,500
Includes 2,000 plastic ducks; event coordination
assistance and on-site staffmg assistance at event
Logo NC $880
Design, layout, production
Tabloid $14,000 $16,200
4-color, mo-sided, 21" x 15" folded mice; to include
new cover art; revised map; back cover"gameboard" art;
concept, design; layout, production, film, printing, - ~ -
insertion and distribution; qty. 57,000
///~illboards ~ $7,400 $5,850 (5 boards)
Six boards located in New Hope, four weeks
New headline
Newspaper $9,200 (8 b/w ads)
Four ads, 112 page, black + one color $4,90ff
includes production and media
Four ads, 8" teasers, black & white $1,050 NA
includes production and medi~
Flyers $1,300 NA
8 1/2 xl~l", 2-sided, 1/2 color "gameboaxd':
qty. 10,000, inserted in City newsletter and .--
distributed to busineses; concept, layout, production
and printing
Banners $515 NA
3 4-color. 28" x 84" Kids
3 4-color, 28" x 84" Father/Son
One 4-color, 30' x 50' banner on New Hope water tower '$3.500 NA
painted on vinyl and reusable; to he installed by city
(optional .~' x 50' for $4500)
Registration Boxes $1,200 $3,815 (lY' boxes)
header card and four-color logo
EDA
' ~ REQUEST FOR ACTION
Originating Depmhnent Approved for Agenda Agenda Section
City Manager EDA
Sarah Bellefuil , Item No.
By: Administrative Analyst By: 5
SUBMISSI0~/ OF THE MINNESOTA CITY PARTICIPATION
RESOLUTION
APPROVING
PROGRAM (MCPP) APPLICATION TO THE MINNESOTA HOUSING FINANCE AGENCY
(MHFA)
The MCPP is a program through the MHFA in which the MHFA is able to sell mortgage revenue bonds
on behalf of participating cities to meet locally identified housing needs. The proceeds from the bonds
provide below-market interest rate mortgage loans for low and moderate income first-time homebuyers.
This resource is available to cities throughout the state.
This year the local housing pool for mortgage revenue bonds is estimated to be between $38 - 58
million. The final determination of the total amount of program funds available to each participating
city will be made by the MHFA as determined by a per capita distribution method. In 1995, the City
received $449,896 MCPP allocation to be used in fa:st-time homebuyer loans.
In 1996, the MCPP program term is eight months. During the first six months, participating cities have
exclusive use of their individual allotment. During the final two months, the individual allotments will
go into a statewide pool that will be available to all MCPP participating cities. This allows cities with
higher demands to access funds that were not used during the preceding six-month period. The program
term will begin shortly after the bond sale which should occur during the summer of 1996.
In order for persons to apply for money through this program they must:
a) be a first-time homebuyer;
b) occupy the home within 60 days of mortgage closing;
c) meet certain household income requirements ($40,800 or less - for a family of four);
d) and purchase an existing home or build new for $95,000 or less.
Review: Administration: Finance:
RFA-O01
Request for Action 2 1-2~-96
The fee for participating in the program is $20 for each $100,000 in allotment provided. Also, an
application deposit of 1% of the allocation amount specified in the agreement is needed. The 1%
deposit is refunded within a month of the closing of the bond sale.
In order to participate in the MCPP, cities must arrange with local lenders to originate mortgage loans
under the program. These lenders will be required to enter into a contract with the MHFA as to
program and loan origination requirements. Each city applying for the MCPP must have at least one
lender.
The application is due between February 1 and February 15, 1996.
The application packet from the MHFA is enclosed.
Staff recommends approval of the resolution.
EDA RESOLUTION NO. 96-
RESOLUTION APPROVING SUBMISSION
OF THE MINNESOTA CITY PARTICIPATION PROGRAM (MCPP)
APPLICATION TO THE MINNESOTA HOUSING FINANCE AGENCY (MHFA)
WHEREAS, the City of New Hope, throUgh their Housing Action Plan, promotes the purchase
of homes in New Hope to modest income first-time homebuyers, avoiding
concentrating such housing in a single area; and
WHEREAS, the City of New Hope, through their Housing Action Plan, wishes to maintain a
high quality residential environment through rehabilitation or where necessary,
redevelopment of substandard units; and
NOW, THEREFORE, BE IT RESOLVED that the Economic Development Authority in and for
the City of New Hope approves the submittal of the application for funding to the
Minnesota Housing Finance Agency for inclusion in the Minnesota City
Participation Program.
Adopted by the Economic Development Authority in and for the City of New Hope, this 22nd
day of January, 1996.
President
Attest:
Executive Director
REQUEST FOR PROPOSAL UNDER THE
MINNESOTA HOUSING FINANCE AGENCY
1996 MINNESOTA CITY PARTICIPATION (MCPP)
IAnoka, Carver, Dakota, I-lenne~in, Rarn,, ,, Soon or Washin~on countiesI
The following is a Request for ProPosal under MHFA's Minnesota City Participation
Program. This RFP is in outline format, specifying questions that must be answered.
Applications must be submitted in this format and all questions must be answered.
Final determination of the total amount of program funds available and individual
allotments will be made by MHFA in compliance with a per capita distribution method
specified in statute.
Questions may be directed to Michelle Ramos, Minnesota Homes Division at 612-297-
5146 (metro) or 1-800-657-3802 (Greater Minnesota).
Applications must be received by MHFA by 4:00 p.m., February 15, 1996
for funding consideration under this program phase.
A. Name and address of your organization.
B. Name and phone number of your contact person.
C. Type of organization (City Department, Port Authority, HRA, or EDA).
Cities participating in the MCPP must designate and provide confirmation from at
least one lender from the enclosed Minnesota Mortgage Program lender list who
will take mortgage applications and process loans for your program.
Cities have two options when selecting additional lenders to originate loans.
Cities may allow all lenders from the enclosed list (Option A), or cities may
choose to restrict participation to select lenders from the list (Option B). PleaSe
indicate which option your city has chosen. If selecting Option B, please
list the specific lenders chosen, along with the address, phone number and
contact person for each.
Additional lenders may not be added later in the program term.
A. Provide a description of your city's principal housing needs.
B. List the data souses or methods used to determine the described needs.
C. Explain the specific plan developed to meet your identified housing needs,
including the resoumes to be accessed, and the methods used to carry out
the plan.
D. Describe any target areas to be addressed in the plan.
-2-
E. Explain how the plan will be implemented and the administrative capacity of
your city to do so.
Note: If you have already completed a Housing Plan in accordance with
Minnesota Statutes, Section 462C.03 within the past 12 months, you may
attach a copy in lieu of the above requirement. Housing Plans over 12
months old may be acceptable provided the information is still valid, and the
plan is up-dated with appropriate attachments and comments.
A. How does your first-time home buyer program fit into your comprehensive
housing plan?
B. List the borrower income limits. (See the attached cover letter for
limitations.)
C. List the home purchase price limits. (See the attached cover letter for
limitations.)
D. Identify targeting of specific population groups, if any (e.g., minorities, the
disabled, business employees, etc.).
E. Identify targeting of area or housing stock, if any (e.g., rehab areas, new
construction developments, etc.).
F. Describe any optional program enhancements such as subsidy funds,
Waive."; fees, use of tax-forfeit properties, etc.
G. Describe any proposed schedule for release of funds (whether immediate,
delayed, o~ on a proportional/divided basis).
H. Amount of funds requested, and the estimated number of loans to be
provided. If preferred, state "maximum allowable" (by population formula),
i. If desired, specify the minimum allocation needed for your .1996 program. If
the new per capita allocation formula does not provide this level, MHFA will
contact you regarding cancellation of your application.
J. Information on any unused mortgage revenue bond (MRB) or mortgage
credit certificate (MCC) resources still available in your community (non-
MHFA).
K. Identify which marketing option your city-will use (either accessing MHFA
marketing support or developing independent marketing).
L. Self-issuing cities must provide the following information concerning
their 1995 allocations as of January 31, 1996: 1. Amount allocated; 2.
Amount of allotment used (sum of dollar amounts of home mortgage loans
purchased and home mortgage loans in process at lending institutions).
Describe why you feel there is sufficient-demand in your market to use the MCPP
funds requested in this application. Indicate the data sources used to project
demand, such as real estate sales over the past year; Realtor, builder or lender
MCPP*I-TC
3/1/94
'3''
information; indicators of a housing shortage; and/or recent area
business/economic expansion.
Newly constructed homes may only be financed with funds under the MCPP if
one of the five following cdteria is met. If your program involves new construction,
indicate which category (a, b, c, d or e. below) will be incorporated into your
program, and include appropriate details on area, type of structure, or affordability
initiative as is applicable.
A. New construction located in a qualified redevelopment area. Include a brief
description and/or map defining the boundaries of your city's redevelopment
area. *
B. New construction to replace a structurally substandard structure or
structures.
C. New construction which will be developed under one or more of the
"affordability initiatives" allowed under administrative rules (see Attachment
1).
D. The new housing is located on a parcel purchased by the city or conveyed to
the city under Section 282.01, Subdivision 1, (tax-forfeited lands).
E. The city must have negotiated affordable and life cycle housing goals with
the Metropolitan Council.
· "Redevelopment area" means a compact and contiguous area within which 70% of the parcels are
developed (buildings, streets, utilities, etc.), and where more than 25% of the buildings are structurally
substandard to a degree requiring substantial renovation or clearance.
Provide authorized signature(s) from the organization submitting this application,
including printed or typewritten n~,me, title and phone number.
MCPP-1-TC
3/1/~4
, ~ EDA
REQUF~T FOR ACTION
Originating Department Approved for Agenda Agenda Section
City Manager EDA
/ 2-96
Kirk McDonald Item No.
By: Management Assistant By: 6
RESOLUTION APPROVING FIRST AI~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 EXECUTE 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 clients residing outside of New Hope would be offered by the City, as that would be Metro
MOTION BY ~ SECOND BY S)Q.~
Review: Administration: Finance:
RFA-O01
Request for Action 2 1-22-96
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.
The attached contract amendment is being presented to the EDA for consideration and is a result of
discussions between the City and Metro HRA. The contract amendment states that the City of New
Hope will administer a specific number of Section 8 contracts from the following cities:
Edina 20 contracts
Golden Valley 16 contracts
Maple Grove 15. contracts
TOTAL 51
Metro HRA would be responsible for all inspections and the existing New Hope Section 8
Representative would handle the administrative component of the contracts (no additional staff would
be hired). The City would bill Metro HRA the regular fee (now increased) of $21.65 per contract and
once a year Metro HRA would deduct $24/contract for inspection services. The additional revenues
to the City for assuming the additional contracts would be approximately $12,000.00 per year, as
outlined in the attached correspondence. The Metro HRA has also agreed to work with the City during
i996 to work towards computerizing this entire process to make the program more efficient.
City staff is supportive of the contract amendment, as it provides additional revenues for the program
and will help to insure that this important program for low/moderate income residents is maintained and
is self-supporting with revenues exceeding expenses.
Staff recommends approval of the resolution.
CITY OF NEW HOPE
EDA RESOLUTION NO. 96-
RESOLUTION APPROVING FIRST AMENDMENT TO
SECTION 8 HOUgING 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 cities of Edina, Golden Valley and
Maple Grove, as outlined in the First 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 jurisdictions
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 First 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 22nd day of
January, 1996.
President
Executive Director
Metropolitan Council
Working for the Region, Planning for the Future
House2 & Redeueiopment Au~h~r~y
Metro IIRA
January 17, 1996
Daniel J. Donahue, City Manager
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428-4898
Re: New Hope Assumption of Administration of Additional Metro I-IRA Contracts
Dear Mr. Donahue:
As you are aware, your staff, Marlene Isaacson, began administration of all Metro HRA Section 8
contracts in the cities of Edina, Golden Valley and Maple Grove as of January 1, 1996. Enclosed
are two copies of an Amendment to the Section 8 Administrative Services Contract with the City
of New Hope. I understand your City Council is meeting on January 22, 1996, and will consider
and authorize execution of this amendment at that time. Once execution by the City has
occurred, please return both copies of this amendment to me for Metropolitan Council execution.
One fully executed copy will be returned to you for your records.
If you have any questions, please call me at 291-6600.
Sincerely,
Kathy Kline
Program Operations Supervisor
Metro HRA
enclosures
cc: Marlene Isaac. son, City of New Hope
Kirk McDonald, City of New Hope
230 East Fifth Street St. Paul. Minnesota 55101-1634 (612) 291-7428 Fax 291-6313 TDD/TTY 291-0904 Metro Info Line 229-3780
Contract No. C-94-56
FIRST AMENDMENT TO
SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM
CONTRACT FOR ADMINISTRATIVE SERVICES
CITY OF NEW HOPE
WI~S, lVYmnesota Statutes section 473.195, subdivision I (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~, 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 loeatecl in the metropolitan area.
NOW THEREFORE, 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. EX/-IIBIT A is amended by replacing it with the attached FIRST AMENDED EXHIBIT 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. As 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 Edina, Golden Valley and Maple Grove 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 Edina, Golden Valley and Maple Grove.
3. Except for inspection and reinspection services identified in paragraph 2.01(b), 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"
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 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
(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
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 after January 1, 1996.
Except for this amendment, the provisions of Contract No. C-94-56 shall 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:
Assistant General Counsel James J. Solern, Regional Administrator
Date:
CITY OF NEW HOPE
By:
Its:
Date:
HRAII2
Page 2 of 2 Pages
FIRST AMENDED EXHIBIT A
CITY OF NEW HOPE
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, Minnesota:
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.
Metropolitan Council
Working for the Region, Planning for the Future
Housing & Redeueiopment Authority
Metro HRA
December 21, 1995 ~
Daniel $. Donahue, City Manager
City of New Hope
4401 Xylon Avenue North
New Hope, MN $5428-4898
Re: New Hope Assumption of Admini,~trat/on of Additional Metro HRA Contracts
I am writing to confirm that the City of New Hope staff, specifically Marlene Isaacson, has agreed to
adm/nister Sect/on 8 contracts/n the dties of Ed/na, Golden Valley and Maple Grove. Presently, there
are 23 clients in Edina, 15 in Golden Valley, and 15 in Maple Grove. Based on my conversation with her,
I understand she is w/iling to assume responsibility for any new contracts, interim moves, income changes,
and lease amendments that are initiated after January 1, 1996, and will asstune responsibility for any
scheduled annual recertificau.'o .ns for Ap,r~.. 1, 1996, and beyond.
Marlenewfll'b~ respbnsiblfi only for tiie "-cHant service" work associated with these clients. HQS
inspectiq,.ns._wfll be conducted by Metro I-IRA sta~ based upon a proces~ to be mutually agreed upon.
A_dminigtrative work, incllKllng payment processing, will remain the responsibility of Metro I-IRA as is
presently dOne with the New Hope Section 8 contracts. Appwpri_ate file documents will be copied and
supplied'to Marlene to enable her to ndminkter the files. Also, applicable rent rensonableness
documentation will be supplied to Marlene,
You may bill Metro I-IRA for adminktfatiOn of all 53 additiollal contracts be~nning in Santlaty, 1995, at
the same rate you are presently using ($21.65 per unit per month). As agreed, Metro I-IRA will 'charge
back' $24.00 for each HOS inspection required -- generally this would only be once annually per client.
I am pleased that New Hope staff is willing tO take on this add/tional responsibility and hope th/s
transitio~ can. proceed on the basis of this letter. I have asked out'Legal staff to ..begin drafting an
amendment to the Contract to solidify this arrangement.
If you have any questions, please feel free to call me at 291-6600.
Sincerely,
Kathy Klin~
Program Operati0m' Supervisor
M~tro ItRA .~ ' '
Kirk McDonald, City of New Hope
230 East FLeah SWeet St. Paul, Minnesota 55101-1634 {612} 291-7428 Fax 291-6313 TDDfITY 291-0904 Metro Info Line 229-3780
4401Xylon Avenue North City Hall: 612.531-5100 City Hall Fax:612-531-5136
New Hope, Minnesota 55428-4898 Police: 612-531-5170 Police Fax: 612-531-5174
Public Works: 612-533-4823 Public Works Fax: 612-533-7650
TDD: 612-531-5109 Fire Dep't. Fax: 612.531-5175
December 15, 1995
Mr. Tom McElveen
Manager, Metro liRA
Metropolitan Council
230 East Fifth Street
St. Paul, MN 55101-1634
Subject: New Hope Taking on Additional Metro HRA Contracts
Dear Tom:
As you are aware, the City of New Hope has requested consideration 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 that number has decreased to about 240, due in part.to the new portability
requirements. If the City assumed more contracts from other cities, it should assist the Metro
HRA bemuse a reduced number of personnel may be needed. The assumption of more contracts
by the City could be a win/win situation for both Metro HRA and the City.
It is my understanding that the following verbal proposal has been made by Kathy Kline (Metro
HRA) to Marlene Isaacson (City of New Hope) regarding additional contracts:
New Hope would take on additional contracts from the following communities:
Edina 20 contracts
Golden Valley 16 contracts
Maple Grove 15 contracts
Total 51
Metro HRA would be responsible for all inspections and the New Hope Section
8 Representative would handle the admires' trative component of the contracts.
The City would bill Metro HRA the regular fee of $21.65 per contract and once
a4 year Metro HRA would deduct $24/contract for your inspection services. The
revenues anticipated would be as follows:
51 contracts
x $ 21.65 (for New HOpe administration)
$1,104.15
12 months
$13,249.80 (total for administration)
Family Styled City'~'~^'~'~' For Family Living
"wv~ 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 this to be a great expense.
I also understand that Metro HRA would want New Hope to start worlcing with
clients from the above listed cities as of January 1, 1996, and that you would also
be willing to discuss alternate options.
I am in agreement with the above stated terms and New Hope is willing to take on the additional
contracts on a trial basis, effective January 1st, with one condition. The City is very desirous
of computerizing this 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 utilized by the Section
8 Representative to assist us in achieving this goal.
The City requests that you give this proposal favorable consideration and we will look forward
to your response.
Sincerely,
Daniel J. Donahue
City Manager
DJD/prs'
cc: Kirk McDonald, Management Assistant/Community Development Coordinator
Larry Watts, Director of Finance & Administration
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 their 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 $24/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 $ HOUSING ASSISTANCE PAYMENTS PROGRAM
CONTRACT FOR ADMII~STRATIVE SERVICES
CITY OF NEW HOPE
THIS ADMINISTRATIVE SERVICES CONTRACT is made and. entered into by the Metropolitan
Council ("Council") and the City of New Hope ("Contractor").
WHEREAS, the Council is authorized by Minnesota Statutes' section 473.t95 to function as a housing
and redevelopment authority throughout the seven-county metropolitan area and exercises its
statutory authority through its Housing and Redevelopment Authority unit; and
WHEREAS, the Council has entered into an Annual Contributions Contract ("ACC") with the U.S.
Department of Housing and Urban Development ("HUD") and has federal contract authority to
operate a federal Section 8 housing assistance payments program ("Section 8 program") within the
seven-county "metropolitan area" as defined by Minnesota Statutes section 473.121; and
WHEREAS, the City of New Hope is a public body, corporate and politic, duly organized under the
laws of Minnesota and is authorized to perform the administrative services contemplated by this
contract; and
WHEREAS, the City of New Hope performs certain Section 8 program administrative services within
the City of New Hope on behalf of the Council under a Section 8 program administrative services
contract ("Contract No. M-88-4").
NOW THEREFORE, in consideration of the mutual promises and covenants contained in this
contract, the City of New Hope and the Council agree as follows:
L DEFINITIONS
1.01. Definition of Terms. For the purposes of this contract, the terms defined in this section have
the meanings given them in this section, except as otherwise provided or indicated.by the context.
(a) "Metropolitan Council" or "CounciL" The Metropolitan Council established by Minnesota
Statutes section 473.123. When expressly stated or otherwise indicated by the context of this
contract, the term "Council" means the Metropolitan Council acting through its Housing and
Redevelopment Authority unit ("Metro HRA").
(b) "Contractor." The City o£ New Hope acting though its governing body and its duly authorized
or designated employees, staff, or agents.
(c) "Section 8£rograrrr" An existing housing assistance payments program under section 8 of the
United States Housing Act of 1937, title 42, United States Code, section 1437f, as amended.
Page 1 of 1I pages
H. SCOPE OF SERVICES
:1.01 Basic Administrative Services. The Council agrees to purchase and the Contractor agrees to
furnish the following "basic" Section 8 program administrative services:
(a) Application Processing and Lease-Up. (1) The Contractor will perform the following
application processing and lease-up activities: assisting Section 8 applicants to complete
application forms; checking each applicant's income and family status to determine applicant
eligibility for placement on the Council's Section 8 program waiting Iht; determining
appropriate dwelling unit size for applicant and participant families; a.~isfing Section 8
certificate and housing voucher holders to locate suitable dwelling units eligible for use in the
Section 8 program; certifying rent reasonablene~ of dwelling units selected by Section 8
certificate and housing voucher holders; examining leases and housing assistance payments
contracts for conformance with Section 8 program requirements prior to execution; and
certifying 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 will
complete and submit to the Council lease-up documents required by the Council, as may be
amended or modified from time to time by the CounciL
(b) Inspection and Reinspection. (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 reinspections of dwelling units shall include
a thorough and complete on-site inspection and certification of the dwelling unit sufficient
to ensure conformance with federal housing quality standards (~IQS') as set forth in title 24,.
Code of Federal Regulations, sections 882.109 and 887.251, as amended. Such inspections
and reinspections shall be made at the following times: prior to initial lease by an applicant
or participant farnil~ prior to the annual recertification of a participant family; and during the
lease term as directed by. Metro HRA staff, as required by title 24, Code of Federal
Regulations, sections 882.211 and 887.257, as amended, or as required by locally established
requirements which have been approved by HUD. When Section 8 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 units. 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 manner so the interests of Section 8 families, 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 families, rental property owners, and the Council are not compromised.
(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) Ongoing Program Administration. The Contractor is responsible for performing the following
ongoing administrative services: conducting annual re-examinations and recertifications of
Section 8 program participants; maintaining Section 8 program files and records for monthly
reports; conducting, within the jurisdictions identified in Exhibit 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
Page 2 of I1 pages
Section 8 program; maintaining lists of available dwelling units; and promptly notifying Metro
HRA staff of any Section 8 applicant and participant problems or changes in participant
status, including but not limited to, participant evictions, mutual lease terminations,
abandonment of dwelling units, lack of proper eligibility documentation, changes in household
composition and income, changes in property ownership, noncompliance with housing
assistance payments contract provisions, or noncompliance with HQS requirements.
(d) Program Requirements; Training. (1) The Contractor is responsible for developing and
maintaining a thorough understanding of 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 this 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 manner of making application. The Contractor shall keep available for
distribution adequate brochures and other information or materials as may be prepared by the
Council and shall supplement the brochures with local informational materials as appropriate
or needed. The manner of furnishing these services shah be agreed upon by the Contractor
and the Council The Contractor and the Council shah from time to time confer about the
details of the furnishing of these services. The Contractor agrees to comply with reasonable
demands made by the Council concerning these program requirements.
(e) Notice of ACtions and Claims. The Contractor will immediately 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 related to the administration of the Council's
Section 8 program within the jurisdictions identified in Exlu'bit A. The Contractor will
confirm its telephone notification by written notice within three (3) business days after the
telephone notification.
2.02 Enhanced Administrative Services. At the Contractor's option, the Contractor may perform
"enhanced" Section 8 program administrative services.
(a) Additional Administrative 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 flies; verifying income and
other eligibility 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
Seqtion 8 program; conducting informal hearings to review denial, reduction, or termination
of Section 8 program assistance; processing housing assistance payments contract claims filed
by rental property owners; and conducting informal hearings to review and determine rental
property owner and Section 8 participant claim matters.
(b) EligibiliO~ to Perform Enhanced Services. The Contractor may perform the "enhanced" Section
8 program administrative services described in paragraph 2.02(a), commencing on January 1
of any year, if: by June 1 preceding the January I start date the Contractor has provided the
Page 3 of 11 pages
Council with a written notice informing the Council about the Contractor's intention to
provide "enhanced" Section 8 program administrative services starting the succeeding Sanuary
1; the Contr. 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 HRA 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 Program Obligations. Unless 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 advertising, and contacting and working 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 author/~ing housing assistance
payments to owners, both through 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
training for Contractor staff; preparing and providing administrative policies, operating brochures,
forms, manuals, and other Section 8 program materials; providing HQS inspection training and
monitoring HQS 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 program
management, including budgeting, requisitions, and monitoring; maintaining computer records for
Section 8 program participants; collecting all areawide data and preparing all housing assistance
program reports for HUD; providing necessary equal employment opportunity and affirmative action
documents and activities; and performing all other matters required by the ACC between the Council
and HUD.
2.04 Area of Operation. The Council is authorized by Minnesota 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 Exhibit A of 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.
IH. COMPENSATION AND FEE REIMBURSEMENT
3.01 Reimbursable Costs. Subject to the limitations and conditions contained in paragraphs 3.02
and 3.03, the Council shall reimburse the Contractor for the following costs 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 office expenses directly attributable to providing the administrative
services required by this contract including, but not limited to, telephone, postage, duplicating,
printing, an~d general overhead.
3.02 Maximum Payment and Fees. 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) Ongoing Administrative Fee. The Council will pay to the Contractor an ongoing administrative
fee on a per-unit-per-month basis. The per-unit-per-month fiat fee reimbursement amount
Page 4 of 11 pages
will be adjusted (increased or decreased) whenever the administrative fee received by the
Council from HUD for the Section 8 housing voucher or Section 8 certificate/moderate
rehabilitation programs changes. Effective upon written notice from the Council, the per-
unit-per-month flat fee reimbursement amount will be adjusted (increased or decreased)
whenever and by the same percentage the Council's ongoing administrative fee is adjusted
(increased or decreased) by HUD. Until otherwise indicated in writing by the Council, the
ongoing 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 se~,ices performed by the Contractor since Sanuary 1, 1994 to the date of
contract execntion~ The Council will make a one-time lump-sum payment to the Contractor
to effectuate the retroactive application of this provision. The lump sum payment will
represent the difference between: the payments already made to the Contractor for services
rendered from .lanuary 1, 1994 to the date of contract execution; and the current $21.00 per-
unit-per-month reimbursement amount.
(b) Enhanced Services Administrative Fee. If the conditions stated in paragraphs 2.02(a) and
2.02Co) have been satisfied and the Contractor is performing the 'enhancedH Section 8
program admlniatrativc services described 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.
(c) Full 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(b)), 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 HI. ID.
(d) Portability Adjustment. In accordance with the portability provisions of the federal laws
governing the Section 8 program, the Council receives from each HInitial 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 identified in Exlu"oit A, the Contractor will receive from the Council only
eighty (80) percent of the administrative fees described in paragraph 3.02(a), and paragraph
3.02(b) as applicable.
(e) Hard-to-House 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-five dollars ($45.00), or such
other increased or decreased fee amount established by law or by HUD, 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
actt~ally 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 5 of 11 pages
3.03 Method of Payment. Payments to the Contractor by the Council shall be made according to
the following provisions:
(a) Invoices and Reports. The Contractor shall prepare and submit quarterly invoice/reports on
forms or in a format approved by Metro HRA staff. The invoice/reports shall describe actual
administrative services performed and itemize the Contractor's reimbursable costs of
performing those services.
(b) Payment. Ongoing administrative fee, enhanced fee (if applicable), and hard-to-house fee
reimbursement payments to the Contractor will be based on the number of units, as indicated
in Metro HRA's monthly utilization and hard-to-house reports, which are administered by the
Contractor within the jurisdictions identified in Exh~it A. The Council shall pay the
Contractor for actual services rendered on a monthly basis.
3.04 Operating Reserve. During the term of this contract, all funds received by the Contractor from
the Council pursuant to this contract must be expended for Section 8 program administrative costs
or held for future affordable housing related activities. The Contractor must maintain an operating
reserve account that must be credited with the amount by which the total of administrative 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 administrative expenses or
for other affordable housing related activities.
IV. RECORDS, FILES, AND AUDITS
4.01 Records. The Contractor agrees to maintain accurate, complete, and separate accounts and
records of all expenditures of funds for which reimbursement is claimed under this agreement and
of all moneys received pursuant to thi~ contract. Such accounts and records shall be kept and
maintained during the term of this contract and for a period of three (3) years following the
termination of this contract.
4.02 Audit and Inspection. The accounts and records maintained pursuant to this contract shall be
audited in the same manner as the other accounts and records of the Contractor and may be audited
or inspected on the Contractor's premises or otherw~e by individuals or organizations designated and
authorized by the Council at any time following reasonable notification during the term of this
contract and for a period of three (3) years following the termination of this contract. The
Contractor further agrees that HUD and the Comptroller General of the United States, or their duly
authorized representatives, shall have full and free access to all Contractor offices and facilities, and
to all the books, documents, papers, and records of the Contractor that are pertinent to the
performance of this contract or pertinent to the operation and management of the Section 8 program,
including the right to audit, and to make excerpts and transcripts from the books and records.
4.03 Data Privacy, The Contractor agrees to abide by the Minnesota Government Data Practices
Act and other applicable state and federal law governing private or confidential data on individuals.
The use or disclosure of information concerning a Section 8 program applicant or participant in
violation o1~ the Minnesota Government Data Practices Act or any other applicable state or federal
law or rule of confidentiality is prohibited, except on the written informed consent of the applicant
or participant, or az otherwise allowed or provided by state or federal law.
Page 6 of 11 pages
V. CONTRACT TERM
5.01 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 of this contract by either party pursuant to paragraph 5.02 of this
contract.
5.02 Termination of Contract. The Council and the Contractor both shah 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 thc termination. In
addition, the Council shall have the right to terminate this contract on fourteen (14) calendar days'
written notice if the Contractor's performance is not timely or ia substantially unsatisfactory, or if thc
Contractor has violated any of the terms, conditions, or agreements contained in this contract. In
either event, on the termination of thi~ contract aH finished and unfinished 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 administrative services
satisfactorily performed up to the date of the contract termination according to the terms stated in
article III of this contract.
VI. CONTRACT PERFORMANCE AND MODIFICATION
6.01 Assignment. The Contractor shall perform with its own organization the total work provided
for under this contract and shall not a~ign, subcontract, sublet, or transfer any of the contract work
without the written consent of Metro HRA staff.
6.02 Prompt Payment of Sukontmcto~. 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) days of the Contractor's receipt of payment from the Council for undisputed services
provided by the subcontractor(s). The Contractor further agrees to pay interest of one and one-half
(1½) percent per month or any part 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 le~ 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 be changed or modified by mutual agreement of
the parties. Such amendments, changes, or modifications shah be effective only on the execution of
written amendment(s) signed by the Council and the Contractor.
7.01 Indemnification. Thc Contractor agrees to indemnif~ and save and hold thc Council, its agents,
and employees harmless from any and ah claims or causes of action arising from the performance of
this contraqt by the Contractor or thc Contractor's employees and agents. This clause shall not be
construed to bar any legal remedies the Contractor may have for the Council's failure to perform its
obligations under this contract.
7.02 Insurance. 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
Page 7 of ll pages
under this contract. Upon request from Metro HRA staff, the Contractor shall provide copies of
insurance instruments or certifications from the insur~nCe issuing agency which show the insurance
coverage, the designated beneficiary, 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 conditions of
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 against the Council for unemployment, workers' compensation, or other
employee benefits of any type related to the performance of this. contract.
VIIL EQUAL F2VIPLO~; NONDISCRIMINATION
8.01 F_,qual Employment Opportunity. The Contractor agrees to provide equal employment
opportunities.
(a) Nondiscrimination and Affirmative Action. The ContraCtor shall not discriminate against any
employee or applicant for employment because of race, color, creed, religion, national origin,
sex, marital status, status with regard to public assistance, disability, sexual orientation, or age.
The Contractor shall take afftrmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to race, color, creed, religion,
national origin, sex, marital status, status with regard to public assistance, disability, sexual.
orientation, ,and age. Such action includes, but is not limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoffor termination;
rates of pay or other forms of compensation; and selection for training, including
apprenticeship.
~o) Notice Posting. The Contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices setting forth the nondiscrimination provisions of
paragraph 8.01(a) of this contract. The Contractor will in all solicitations or advertisements
for employees placed by or on behalf 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, status with regard to public assistance, disability, sexual orientation,
and age.
(c) Subcontracts. The Contractor agrees to incorporate the provisious of paragraph 8.01 in any
subcontracts for project work.
8.02 Equal Opportunity Compliance Reviews. The Contractor shall cooperate with the Council and
HUD in conducting compliance reviews and-complaint investigations pursuant to applicable federal
and state civil rights statutes, executive orders, and related rules and regulations.
8.03 Nondiscrimination in Housing. The Contractor agrees to comply with federal and state laws
prohibiting discrimination in housing.
(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 Executive Order 11063 with respect to those provisions prohibiting discrimination
based on religion or sex, and with implementing HUD regulations. The Contractor shall
comply with Title VIII of the Civil Rights Act of 1968 which prohibits discrimination in the
sale, rental or financing of housing on the basis of race, color, religion, sex, handicap, familial
Page 8 o[ II pages
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
discrimination against handicapped persons who would otherwise qualify to participate in the
Section 8 housing certificate 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 assistance
shah not be excluded from participation in or be denied the benefit of the Section 8 housing
certificate or housing voucher programs because of such status.
C°) State Laws. The Contractor shall comply with all applicable provisions of the Minnesota
Human Rights Act.
IX. GENERAL PROVISIONS
9.01 Conflict eg lnt~r~t. The Contractor agrees to abide by federal and state conflict of interest
law~ pertaining to the performance of this contract.
(a) Federal Conflict Provisions. (1) In accordance with part H, section 2.13 of thc ACC [ form
I-ULID-$2520-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 program.n in which any of the following classes of peraons has an interest,
direct or indirect, during tenure or for one year thereafter:.
(i) Any present or former member or officer of the Council or the Contractor, except
a 'tenant commi~ioner!
(ii) Any employee of the Council or thc Contractor who formulates policy or who
influences de~isions with respect to the Section 8 housing certificate or houaing voucher
programs.
'(iii) Any public official, member of a governing body, or state or local legislator who
exercises functions or responsibilities with respect to the Section 8-housing certificate or
housing voucher programs.
(2) Any membera of the elates descn'bed in paragraph 9.01(a)(1) must disclose their
intereat or prospective intereat to the Contractor, the Council, and HUD.
(3) The requirements of paragraph 9.01(a)(1) of this contract may be waiVed by HUD for
good cause. No person to whom a waiver is granted shall be permitted (in the capacity as
a member of a ciasa descn'bed in paragraph 9.01(a)(1)) to exercise responsibilities or functions
with respect to a contract for housing a.~iatance 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/s a party.
~(4) No member of or delegate to the Congress of the United States of Amer/ca or
resident commissioner shall be admitted to any share or part of this contract or to any
benefits wh/ch may arise from it.
CO) State Conflict Provisions. The members, officers, and employees of the Contractor will comply
with all applicable state statutory and regulatory conflict of interest laws, including Minnesota
Statutes sect/on 469.009, as amended.
Page 9 of 11 page~
9.02 Federal Certification Re/nrding Lobbying. The Contractor certifies, to the best of its
knowledge and belief, that:
(a) Use of Federal Funds. 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 influence an
officer or employee of an agency, a member of Congress, an officer or employee of Congress,
or an employee of a member of Congress in connection with the awarding of any federal
contract, the making of any federal grant, the making of any federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
(b) Disclosure. 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) Cerlificaiion. 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 transaction imposed by title 31, United States Code, section 1352.
Any person who faih to file the required certification shall be subject to a civil penalty of not
less than $10,000 and not more than $100,000 for each such failure.
9.03 Federal Regulations; HUD and Metro HRA Policies. The Contractor agrees to perform the
Section 8 program administrative services contemplated under this contract in compliance with: parts
813, 882, 887 and other applicable provisions of title 24, Code of Federal Regulations and other
applicable provisions of the federal regulations governing the Section 8 hous/ng assistance payments
program; applicable.provhions of the HUD Handbook; the Administrative Plan for the Metropolitan
Council Housing and Redevelopment. Authority, as amended or revhed; the Metropolitan Council
Housing and Redevelopment Authority Procedures Manual as amended or revised; HUD's Housing
Inspection Manual for the Section 8 Existing Housing Program; and all other applicable procedures
and policies as may be provided to the Contractor.
9.04 Prohibition of Servic~ C~. The Contractor shall not charge any fee to any Section 8
program applicant or participant or charge 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 serv/ces
contracts entered into between the Council and the Contractor. Contract No. M-88-4 is terminated
upon final execution of this contract.
9.06 Warranty of Legal Capacity. The ind/vidual 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 WITNESS WHEREOF, the Contractor and the Council have caused this contract to be executed
by their duly authorized representatives.
Date: August 9, 1994
MEmo HRA
Page 11 of 11 page~
EXHIBIT A
CITY OF ~ HOPE
The City of New Hope ('Contractor') shall perform the Section 8 program contract services within
the City of New Hope located in Hennepin County, Minnesota.