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CR 98-76 Agreement For Monitoring & Inspection Services-4D Tax ClassificationApril 28, 1998 Proposed Action AGREEMENT FOR MONITORING AND INSPECTION SERVICES — 4D TAX CLASSIFICATION Staff recommends approval of the following motion : Authorize the Mayor and City Manager to execute agreement for 4d property tax monitoring and inspection services. With this motion, the agreement will be executed and forwarded to the Minnesota Housing Finance Agency for their approval. Overview The State Legislature has developed a new property tax classification of 4d. The classification replaces the low income rental property tax classes of 4c and 4d and reduces the class rates from 2% and 1.9% to 1. %. The rate change is effective for taxes payable in 1999. The purpose of the new tax classification is to encourage rental property owners to make more housing available to low income residents. To be eligible for the 4d tax classification, the owner must agree to the following: Units must be occupied by individuals or families whose income is at or below 60% of the median income for the area Execute a rent restriction agreement subjecting the unit to a five -year rent schedule that does not charge rents greater than 30% of 60% of the median area income. The unit must meet minimum housing standards. The owner must make 20% of the 4d units available to Section 8 recipients. The Minnesota Housing Finance Agency (MHFA) is responsible for the overall administration of the program but are subcontracting with local entities for the monitoring and inspection services. The monitoring entity will receive $15 for each housing unit pledged under the 4d program. The inspection fee is $10 per unit. The City of Hopkins has been selected to provide these services. Primary Issues to Consider What are the terms of the agreement? What is the benefit to the City? How will the monitoring and inspection services be administered? What changes have been made to the 4d program? Supporting Documents erste lverum, Ho sing Coordinator • 4d P : per Tax oni orin d Inspection Agreement Council Rpt #98 -076 4d Agreement Council Rpt. 98 -076 Page 2 Analysis of the Issues What are the terms of the agreement? The contract requires that the City agree to the following: Monitoring Services Conduct monitoring visits on 25% of the 4d properties each year including a file review of each unit and a file audit of 20% of the pledged units within a property • Correspond with owners regarding the results of the site visit Inform MHFA of willful non - compliance Assist in providing 4d application booklets and information to property owners Inspection Services Conduct inspections according to the City's housing maintenance code on 20% of the pledged units for each building within a property Maintain records of the inspections Communicate failures to MHFA and the owner The compensation for providing these services is $15 per pledged unit per year for monitoring services and $10 per pledged unit (minimum inspection fee of $50 for a property with five or fewer units) for inspection services. Based on the properties that applied for 4d status for taxes payable in 1999, the City would receive $5,895 in monitoring fees and approximately $1,200 per year in inspection fees. However, it is anticipated that the number of units pledged will grow each year and as a result, the fees will also increase. • What is the benefit to the City? There are several benefits of administering the monitoring and inspection services of the 4d program including the following: Combine rental registration inspections with 4d inspections avoiding duplication Ability to enforce our housing maintenance code rather than having an outside agency enforce our code Additional revenue to support housing and inspection programs First hand knowledge owners are meeting the Section 8 availability requirement of 4d How will the monitoring and inspection services be administered? It is proposed that the monitoring services will be performed by the Public Housing Manager and the Housing Coordinator as their work schedule permits. These positions require similar monitoring activities and as a result these staff members are experienced in providing these services. The inspections will be conducted by the Housing Inspector. The City does have the option of subcontracting for the services if the time demands become too • 4d Agreement Council Rpt. 98 -076 Page 3 great. This may be the case if a large number of condominium and single - family rental units apply for 4d status in the future. • What changes have been made to the 4d program? During the last legislative session several changes were made to the 4d program including the following: Alternatives Created an aid program for cities that sustain a loss of tax capacity of 2 1/2% or more from the conversion of rental properties to the 4d class rate Created a new aid program for cities based on the value of 4d housing constructed after 1/1/99 Clarified that the Section 8 availability requirement can be met with either certificate or voucher holders Established a higher standard for certification for properties terminating participation in a federally subsidized housing program (40% of units must be made available for Section 8 recipients instead of 20 %) Clarified the penalties for failure to comply with 4d requirements The City Council has the following alternatives regarding this issue: Enter into the agreement as proposed. Amend the agreement prior to execution. Elect not to provide the monitoring and inspection services for 4d. In this case, the services would be provided by Hennepin County. MINNESOTA HOUSING FINANCE AGENCY 4(d) PROPERTY TAX MONITORING AND INSPECTION AGREEMENT THIS 4(d) PROPERTY TAX MONITORING AND INSPECTION AGREEMENT is effective this day of , 1998, by and between the Minnesota Housing Finance Agency (hereinafter "MHFA "), a public body corporate and politic of the State of Minnesota, 400 Sibley Street, Suite 300, St. Paul, MN 55101 -1998, and the city of Hopkins . (hereinafter "Contractor ") with its principal office at 1010 First Street South, Hopkins, MN 55343 -7573. PURPOSE of this Agreement: The 1997 Minnesota Legislature designated the MHFA under the provisions of Minnesota Statutes Section 273.126 to administer the compliance monitoring and inspection of properties that qualify for the 4(d) property tax class ( "4(d) "), and also to contract with third parties for the compliance monitoring and inspection responsibilities: CONSIDERATION of this Agreement: In consideration of the covenants contained herein, and the mutual benefits to be derived therefrom, the parties hereto have entered into the Agreement set forth below: TERMS AND CONDITIONS of this Agreement: 1. During the period from , 1998, to December 31, 2003, the Contractor agrees to provide monitoring and inspection services described in paragraph 5 according to the procedures established by the MHFA. 2. The Contractor and the Subcontractor (if any), agree to perform the administrative functions assigned to them. The Subcontractor to provide services under this Agreement is none (if "none" so designate). The Subcontractor and Contractor will additionally enter into a "partnership agreement" with each other in form and substance acceptable to MHFA that outlines how the activities contemplated by this Agreement will be carried out by the Subcontractor. The Contractor reserves the right use a su contractor in the future. 3 . The Contractor will agree to administer the 4(d) monitoring and inspection services in the following geographic service area (hereinafter "Service Area "): City of Hopkins. 4. The Contractor hereby acknowledges and agrees that it is not an employee of the MHFA, and that it will act as an independent contractor when it performs the services proposed herein. 5. The Contractor will further agree to provide the following monitoring and inspection services: 4(d) Property Tax 1 4/9/98 Monitoring and Inspection Agreement Monitoring Services: (a) Assist in providing 4(d) application booklets and information to property owners throughout the Service Area. (b) Determine who should conduct 4(d) inspection services in the Service Area (refer to (h), (i), (j) and (k) below) and inform MHFA. (c) Determine property 4(d) eligibility with regard to rent, income, inspection, recording, and marketing requirements of units for Section 8 vouchers and certificates. (d) Conduct monitoring visits at the 4(d) property site. Monitoring visits will take place on 25% of the 4(d) properties each year, as chosen by MHFA, within the Contractor's Service Area. The Contractor will conduct a file review of each pledged unit to establish the presence of a valid Certificate of Household Income and Rent. Additionally, the Contractor will conduct a file audit of a minimum of 20% of the pledged units to determine the accuracy and integrity of the Certificate of Household Income and Rent, unless additional review is needed based on the initial 20% review. (e) Correspond with the owner and MHFA regarding completion of the site visit and any non - compliance issues. (f) Determine inadvertent non - compliance compared to willful non - compliance. (g) Determine and recommend to MHFA where abatement of penalties and corrections by owners are allowable. Inspection Services: (h) The Contractor agrees to: (1) Identify communities in its Service Area which have a local housing maintenance code or ordinance, or have a rental property licensing requirement which fulfills the inspection requirement of class 4(d), (2) Determine whether the local inspection entity has capacity to fulfill the 4(d) inspection in a timely manner and consult MHFA if local capacity to perform is in question, and (3) Inform owners who may be unaware of the existence of this local code, ordinance, or licensing requirement and refer the owner to the appropriate local inspection entity. (i) The Contractor agrees to apply the following standard when conducting housing quality inspections for the purpose of the 4(d) property tax class certification: (1) The local housing maintenance code or ordinance if a local maintenance code or ordinance exists for the community in which the class 4(d) property to be inspected is located, or 4(d) Property Tax 2 4/9/98 Monitoring and Inspection Agreement (2) The Housing Quality Standards adopted by the Department of Housing and Urban Development if the community in which the class 4(d) property to be inspected is located does not have a local housing maintenance code, ordinance, or licensing requirement. (j) The Contractor agrees to obtain necessary training to become knowledgeable about local housing maintenance codes, ordinances, or licensing requirements applicable within the Contractor's service area. (k) The Contractor agrees to seek the advice of MHFA on the treatment of 4(d) properties for which a local rental property license has been issued but no inspection has occurred within the last three (3) years. (1) Once the Contractor determines whether to conduct 4(d) inspections according to (h), (i), (j), and (k) above, 20% of the total pledged units for each building within a property, but no less than 1 unit per property, must be inspected and the common area of that building must be generally inspected, no less than once every three years. (m) The Contractor must respond to all owner requests for inspection in a timely manner and collect the fee directly from the owner. (n) The Contractor will determine the cure and timetable for curing any deficiencies cited on the inspection and communicate the same to the owner. (o) In the event of a failed inspection the Contractor will communicate the failure to MHFA and the owner. (p) Contractors are required to keep copies of records of all inspections and communications regarding inspections for at least three (3) years from the date of inspection. (q) Provide such other services relating to monitoring and inspection as may be reasonably requested by MHFA. 6. The MHFA agrees to promptly pay the Contractor a fee of $15.00 per pledged unit per year upon receipt of an invoice for completed monitoring services commencing in 1999; in 1998 MHFA agrees to pay the Contractor a fee of $5.00 per pledged unit within its Service Area for start up costs. 7 . The Contractor agrees that the inspection fee will be $10.00 per pledged unit; the minimum inspection fee is $50.00 for a property of five or fewer pledged units. Inspection fees will be collected directly by the Contractor from the property owner. 8. Monitoring and/or Inspection Services for developments under the Contractor's or Subcontractor's ownership or management are prohibited. 9. The Contractor or Subcontractor agrees to permit representatives of MHFA or the Minnesota Legislative Auditor during normal business hours to examine or audit any of the Contractor's or Subcontractor's 4(d) financial records for both monitoring and inspection services. 4(d) Property Tax 3 4/9/98 Monitoring and Inspection Agreement The Contractor will provide a breakdown of costs for the monitoring and inspection services, by service, at the end of the first year. 10. This Agreement may be terminated at any time by either party hereto upon thirty (30) days prior written notice to the other party. In the event of such termination, each party shall be required to carry out the terms of this Agreement with respect to any obligations incurred by the Contractor pursuant to 4(d) monitoring and inspection services prior to the receipt of the notice of termination, and the Contractor shall be entitled to payment as provided herein, determined on a pro rata basis, for work or services satisfactorily performed. 11. All notices to be given pursuant to this Agreement shall be in writing . and shall be deemed given when mailed to the parties hereto at the address set forth below, or at such other place as either party may from time to time designate in writing. To the MHFA: Attention 4(d) Property Tax Classification Minnesota Housing Finance Agency 400 Sibley Street, Suite 300 St. Paul, MN 55101 -1998 To the Contractor: Attention 12. No party may assign its rights or obligations under this Agreement without the prior written consent of the other party. No change or modification of the terms or provisions of this Agreement shall be binding on MHFA without the prior written approval of MHFA. 13. If MHFA fails in one or more instance to require any term in this Agreement to be observed or performed, or fails to exercise any right, privilege, or remedy provided herein or by law, this failure does not waive MHFA's subsequent ability to exercise such right, privilege, or remedy. 14. If any provision of this Agreement is judged invalid by any court, the remaining provisions shall remain in full force and effect, and be interpreted, performed, and enforced as if the invalid provision were not a part of this Agreement. 15. This Agreement shall be effective only when signed by all parties and a fully- executed copy delivered by MHFA to the Contractor. 4(d) Property Tax 4 4/13/98 Monitoring and Inspection Agreement 16. This document, together with the Procedural Guide and partnership agreement referred to in paragraph 2, above; represents the entire Agreement between MHFA and the Contractor, and there are no other agreements either oral or written between them on this subject matter. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.) 4(d) Property Tax 5 4/13/98 Monitoring and Inspection Agreement BY THEIR DATED SIGNATURES, THE PARTIES BELOW AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN: Witnessed by: Dated: Dated: CONTRACTOR: By: (Authorized Signature) Its: Witnessed by: MHFA: MINNESOTA HOUSING FINANCE AGENCY By: (Authorized Signature) Its: 4(d) Property Tax 6 4/13/98 Monitoring and Inspection Agreement