Housing Sec 8 Approve 28E Agree
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MEMORANDUM
March 9,2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Agreement with Iowa Department of Inspections and Appeals -
Investigations related to Section 8 Rental Assistance Program
Housing and Community Development Department Director David Harris is
recommending City Council approval of an interagency 28E agreement between the
City of Dubuque and the Iowa Department of Inspections and Appeals (DIA). The
purpose of the agreement is to authorize the performance of investigations by DIA of
activities in the Housing and Community Development Department's Section 8 rental
assistance program.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
it¡ iÞuJtfi
Michael C. Van Milligen --------
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department Director
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CITY OF DUBUQUE, IOWA
MEMORANDUM
9 March 04
To: Mike ~ Milligen, City Manager
From: Dav~rris, Housing and Community Development Department
Re: Agreement with Iowa Department of Inspections and Appeals-
Investigations related to Section 8 rental assistance program
Introduction
The purpose of this memorandum is to request the City Council's approval of an
interagency 28E agreement between the City of Dubuque and the Iowa Department of
Inspections and Appeals (DIA). The purpose of the agreement is to authorize the
performance of investigations by DIA of activities in the Housing and Community
Development Department's Section 8 rental assistance program.
Discussion
Housing Department staff in the Section 8 activity routinely conduct investigations of
applicant and participant families, regarding eligibility for benefits. These criteria
include income, household composition and criminal histories. This work is time
consuming, involving contacts with other agencies, police departments and landlords in
Dubuque or other locations. Given the high number of clients assigned to the
caseworkers - about 350 households each - time is limited for the conduct of these
investigations.
For this reason, we have met with representatives of the Department of Inspections and
Appeals and discussed a contractual agreement for use of their investigative services.
DIA currently provides these services to other housing authorities in Iowa.
The advantages to this arrangement include reduction of our staff's time in conducting
the necessary investigations. In addition, a particular benefit is the ability ofDIA
personnel to access the files of our program participants also receiving assistance ITom
the Department of Human Services (DHS). While our staff cannot be granted this access
to records, DIA personnel are so authorized. This provides us the opportunity to
corroborate information provided to the two agencies and consequently to reduce the
incidence ofITaud.
A further benefit of this agreement is the role ofDIA in prosecuting cases of ITaud. DIA
staff will directly request restitution through the court for any overpayments. Funds
obtained in this manner may be used to off-set the costs for DIA's services.
The agreement stipulates that DIA will be paid at a rate of $45 per hour. They would
perform investigations only at the Housing Department's request. Section 8 Program
operating revenues and administrative reserve funds are available to cover these costs.
Currently, unobligated funds in the reserve total approximately $120 000. In addition, in
most years the Program generates a modest revenue surplus, accounting for the current
surplus of more than $300 000. While unbudgeted for the current fiscal year, if this
program is successful, we would expect to include a request for this service in future
operating budgets for the Section 8 activity. The agreement may be terminated by either
party with a 30-day notice.
Action Step
The action requested of the City Council is to approve the attached interagency 28E
agreement, between the City and the Iowa Department of Inspections and Appeals, for
investigative services in connection with the Housing Department's Section 8 rental
assistance program.
. .
.
,
INTERAGENCY AGREEMENT
BETWEEN
IOWA DEPARTMENT OF INSPECTIONS AND APPEALS
AND
CITY OF DUBUQUE
Thìs agreement (Agreement) is entered into between the Iowa Department offuspections and
Appeals (DIA) and City of Dubuque pursuant to the authority ofIowa Code sections 28E.5 and
28E.12.
The parties hereto agree as follows:
Purpose: The purpose of this Agreement is to authorize the perfurmance of investigations of
City of Dubuque's Section 8 Housing Choice Voucher and Moderate Rehabilitation Programs by
theDIA.
Rights, Powers, and Responsibilities:
CitvofDubuaue agrees to:
Dl<\ agrees to:
1.
Authorize all investigations of City of Dubuque's Section 8 Housing Choice
Voucher and Moderate Rehabilitation Programs by DIA. Ail authorizations must
be in writing from City of Dubuque's Housing and Community Development
Manager.
2.
Approve attachment of cases involving City of Dubuque' s programs when
multiple agencies are involved. All approvals must be in 'writing ftom City of
Dubuque's Housing and Community Development Manager.
Provide the following to DIA:
3.
a.
Access to all case records pertinent to the investigations being condncted
on their behalf
Calculations of any overpayments that occurred on cases being
investigated.
Assisted Housing Specialists that are required to testify in court about
Section 8 program records and determinations of overpayment amounts.
b.
c.
4.
Be responsible for collecting all civil and crimina1 overpayments.
1.
Obtain evidence, further investigate, prepare and submit cases for City of
Dubuque's Section 8 Housing Choice Voucher and Moderate Rehabilitation
Programs for crimina1 prosecution to county attorneys or fuderal prosecutors on
behalf of the City of Dubuque.
2.
In crimina1 cases, request restitution through the courts on behalf of City of
Dubuque for the amount of overpayments made in City of Dubuque's Section 8
Housing Choice Voucher and Moderate Rehabilitation Programs.
. .
. ..
.
Funding: Dll\ will bill City of Dubuque Housing and Community Development Department for
investigations condncted pursuant to this Agreement at the initial rate of forty-five dollars
($45.00) per hour on a monthly basis. City of Dubuque Housing and Community Development
Department agrees to pay DIA's billings on a monthly basis.
Duration: Thìs Agreement shall be in full force and affect for one year ftom the date of the
execution of this Agreement. This Agreement shall be automatically renewed on a yearly basis,
unless either party has given written notice of its intent not to renew this Agreement at least thirty
(30) days prior to the date of renewal. The notice shall specify the reasons for the party's
decision not to renew, and shall be delivered by U.S. Certified Mail.
Legal or Administrative Entity Created: No new legal or administrative entity is created by
this Agreement.
Property: Nothing is this Agreement sha11 be deemed to e:ffi:ct any change with respect to the
ownership of the rea! or persona! property of either party to this Agreement.
Dispute Resolution: The parties to this Agreement shall attempt to mediate disputes that arise
under this Agreement by engaging in mediation with a mutually agreed-npon mediator. Each
party will bear fifty per cent (50%) of the costs of such mediation. In the event the parties are
unable to reach agreement during the mediation, the parties shall submit their dispute to binding
arbitration as provided for in Iowa Code section 679A.19.
Filing and Recording: Copies this Agreement shall be filed with the Secretary of State, the Polk
County Recorder, and the Dubuque County Recorder before the Agreement shall be in full force
and effect, all pursuant to Iowa Code section 28E.8
Termination: Either party to this Agreement maytenninate this Agreement for any reason,
with or without cause, by providing the other party a written notice of intent to tenninate this
Agreement, at least thirty (30) days prior to the intended date of termination. The notice shall
specify the reasons for termination and sha11 be delivered by U.S. Certified Mail.
The undersigned hereby execute and enter into this interagency 28E agreement. Each
signatory represents that he/she has been authorized in accordance with state law to sign and bind
the agency represented.
IOWA DEPARTMENT OF
INSPECTIONS AND APPEALS
CITY OF DUBUQUE
Steve Young, Director
Terrance M. Duggan, Mayor
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