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HomeMy WebLinkAboutOctober 21, 2003CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E.. Columbia Heights. MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Otlr Website at: wwmci, cohtmbia-heights, mn. us lIRA Commissioners: Dennis Ecklund Bobby Williams Bruce Nawrocki Tammera Ericson Bruce Kelzenberg Patricia Jindra HOUSING & REDEVELOPMENT AUTHORITY REGULAR MEETING 7:00 P.M., TUESDAY, OCTOBER 21, 2003 PARKVIEW VILLA, COMMUNITY ROOM B 965 40nm AVENUE, COLUMBIA HEIGHTS, MN AGENDA 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE e CONSENT AGENDA A. Approval of Minutes. 1. The Meeting of August 20, 2003. MOTION: Move to approve the regular meeting minutes of August 20, 2003 as presented in writing. 4. REPORT OF MANAGEMENT COMPANY-Housing Administrator CITIZEN FORUM .(At this time, citizens have an opportunity to discuss with the HRA items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the HRA regarding specific agenda items at the time the item is being discussed.) t ITEMS FOR CONSIDERATION 1. Adopt Resolution 2003-04, Adopting the Proposed 2004 Budget for Parkview Villa North MOTION: Move to waive the reading of Resolution 2003-04, there being an ample amount of copies available to the public. MOTION: Move to adopt HRA Resolution 2003-04, being a Resolution of the Housing and Redevelopment Authority in and for the City of Columbia Heights, adopting the 2004 Parkview Villa North Budget of $373,900 and recommending this to the City Council for approval. 2. Adopt Resolution 2003-05, Adopting Proposed 2004 Budget for Parkview Villa South MOTION: Move to waive the reading of liRA Resolution 2003-05, there being an ample amount of copies available to the public. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS Of DISABILITY IN EMPLOYMENT or THE PROVISION Of SERVICES EQUAL OPPORTUNITY EMPLOYER MOTION: Move to adopt Resolution 2003-05,' a Resolution of the Housing and Redevelopment Authority in and for the City of Columbia Heights adopting the 2004 PVVS Budget of $197,477 and recommending this budget to the City Council for approval. 3. Review Walker ElderCare Management Agreement e MOTION: Move to Approve the 3-year Management Services Agreement with Walker ElderCare; and furthermore, to authorize the Chair and Executive Director to enter into an agreement for the same. Adopt Resolution 2003-06, Exploring the possibility of transferring the ownership of Parkview Villa North and South to the Anoka County Housing and Redevelopment Authority MOTION: Move to waive the reading of Resolution 2003-06, there being an ample amount of copies available to the public. MOTION: Move to Adopt Resolution 2003-06, a Resolution authorizing staffto explore the possibility of transferring the ownership, and all the responsibilities of ownership to the Anoka County Housing and Redevelopment Authority, and report back to the Board at the first meeting in January 2004. 5. Approve Snow Plowing Service for 2003/2004 MOTION: Move to Approve the Move to approve the contract for snow removal service to cover the year 2003-2004, to MGS Professional Building Maintenance Services, Inc.; and furthermore, to authorize the Chair and Executive Director to enter into an agreement for the same. 6. Rent adjustments for Parkview Villa South 7. ADMINISTRATIVE REPORTS 8. ADJOURNMENT Cheryl Bakken, Community Development Secretary H:\HRA Agenda2003\ The HRA does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all HRA services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the HRA Secretary at 706-3670 to make arrangements (TDD/706-3676 for deaf or hearing impaired only). HOUSING & REDEVELOPMENT AUTHORITY (HRA) REGULAR MEETING MINUTES AUGUST 20, 2003 CALL TO ORDER/ROLL CALL Chair, Ericson called the meeting to order at 6:36 p.m. Present: Tammera Ericson, Bruce Kelzenberg, Bruce Nawrocki, Bobby Williams, Dennis Ecklund Jr., Patricia Jindra PLEDGE OF ALLEGIANCE CONSENT AGENDA Approval of Minutes MOTION by Williams, second by Jindra, to approve the minutes of April 15, 2003, as presented in writing. All ayes. Motion Carried. REPORT OF MANAGEMENT COMPANY William Jones stated LBP will be repairing five exhaust units on the north roof, the painting is complete in the south building, the new furniture is in place in the main areas and he is going out for bids to replace carpeting in the south building hallways. All four units are rented at Tyler, six units in the North building have given notice, with only one left to rent out, and in the south building there are two units that have given notice, with one left to fill the vacancy. Shirley Barnes, CEO, Crest View Corporation stated, Jones will be leaving Parkview Villa for another position with Crest View. Anita Kottsick will be the Parkview Villa Administrator, providing 10 hours/week, and they will be hiring a full time assistant that will be trained in by Kottsick. CITIZEN FORUM Resident, Lynn Myer of 4607 Tyler asked why residents weren't advised of the sale and the meetings. Streetar stated the meetings and sale have been published in the Focus, the official City Newspaper. Resident, James Hayes indicated residents would like an open-air porch on the front of the building where the benches are located. Resident, Marge Buczynski, Unit 410, recommended to the board, in review of the management bids, to please consider a new management company as she and other residents are tired of begging to get repairs done. She has experienced water leaking over a four-month period in her bedroom, talked to William twice, with no response until she finally called the Mayor's office. At that point she got staff to respond to her request. Priscilla Cross, Unit 303 stated communication between Jones and residents has caused tension and conflicts at Parkview. She also asked the board to look at management that can communicate better with residents. Bill Cross, Unit 303, felt Jones was doing the best job he couM and ask the board to look into the credentials and communication skills of the bidding companies administrative staff. Housing & Redevelopment Authority Minutes August 20, 2003 Page 2 of 6 PUBLIC HEARING Sale of 4607 Tyler Street 4-Plex Mark Nagel stated at the HRA meeting in April, the board authorized staff to prepare an agreement with Minnesota Housing Resources Inc. for the sale of 4607 Tyler Street 4-plex for a purchase price of $160, 000. If the board approves the Purchase Agreement, it will take approximately 45 days to complete the transaction. Minnesota Housing Resources will keep the rents at a reasonable rate as stated in the agreement. Judy Shentla, a former resident of 4607 Tyler stated she was at the HRA meeting where it was approved to raise rents of the current residents $30 per year and $600 for any future residents and was concerned that the rents will not be affordable anymore. Lynn Miner, a resident of 4607 Tyler was concerned with her rent under the new ownership. Streetar and Crest View staff will meet with her to go over her situation. Nawrocki stated he understood Mr. Engstrom has left the firm and wondered if there would be any reason to question the management in his absence. Streetar stated there are two remaining staff members; one that has been with the firm for approximately 14 years and the other has extensive experience, therefore, he felt confident there would not be any problems. Motion by Kelzenberg, second by Jindra, to close the Public Hearing. All ayes. Motion Carried. Motion by Nawrocki, second by Ecklund, to table this item until staff can get a better explanation of what the rents would be with the Minnesota Housing Resource Company. Upon Vote: Ecklund- aye, Nawrocki- aye, Ericson- nay, Kelzenberg- nay, Williams- nay, dindra- nay. Motion failed. Motion by Kelzenberg, second by Jindra, to Approve the Sale of 4607 Tyler Street to Minnesota Housing Resources, Inc. for $160,000 with stipulations outlined in the Purchase Agreement; and furthermore, to authorize the Chair and Executive Director to enter into an agreement for the same. Upon Vote: Ecklund- aye, Nawrockt'- nay, Ericson- aye, Kelzenberg- aye, Williams- nay, Jindra- aye. Motion Carried. ITEMS FOR CONSIDERATION Parkview Villa Management Bids Ericson had each of the five companies introduce themselves and give a two-minute speech on their company. Shannon Bogner, CommonBond stated they are Minnesota's largest non-profit organization for public housing, manage a few high rises with a strong senior population in Minneapolis and St. Paul, and have over 40properties in Minnesota. Shirley Barnes, Crest View Corporation stated they have managed Parkview Villa for the City for many years, Anita Kottsick will be coming back as administrator, they received a score 96 on Housing & Redevelopment Authority Minutes August 20, 2003 Page 3 of 6 the HUD score for management, Crest View has a real commitment to the community and can therefore, provide services at a lower rate. Steven Schachtman, Steven Scott Company stated they have been in business for 35 years, manage 5, 000 apartment units in the greater Minneapolis area, have a staff of approximately 350 people, they bring stability, commitment, and dedication, and are sensitive to the residents responses. Lisa Moe, Stuart Companies stated they have been in business for 33 years, have about 5, 000 units between Minnesota, Wisconsin and Omaha, have a mixed portfolio of properties, affordable housing, senior and market rate, in home health care, are known for 24 hour maintenance services, and that their office is in Bloomington. Denny 0 'Donneil, Walker ElderCare stated they have been in the business of servicing seniors since 1945, have a variety of projects in the Twin Cities, including two in Anoka County, one of which is the Section 202, low-income senior housing similar to Parkview Villa, manage assisted living facilities, their first step in managing Parkview Villa would be to send out a survey to all of the residents to see what kind of services they are interested in. Nawrocki was not clear what the five companies bids actually covered and asked them to clarify their costs for the first and second year of the agreement. Their response was as follows: CommonBond at $184, 797 with staff cost of living increase next year; Crest View at $169,019 with staff cost of living and 10 cents per unit management increase each year; Walker ElderCare at $168,500 with CPI increase each year; Steven Scott at $175, 000 with a decrease in future years; and Stuart Management at $190,592 with staff cost of living each year after. Nawrocla' stated he took it offense to the wording in the letter written by Mark Nagel, which stated, "Although Crest View is the only company that actually has public housing management and accounting experience, they all have competent staff that would work well with senior citizens" and "Crest View is the only company with an on-site manager that is a certified Public Housing Manager", and requested Nagel to define Public Housing. Nagel stated Public Housing is a low-income housing program like we have in place at Parkview Villa North. Nagel also explained that he was stating that Crest View was the only bidder that stated in they bid packet their have an on-site Public Housing Manager, not that any of the other bidders weren't qualified. Ericson asked the representatives to state if they have on-site staffing that are certified Public Housing Managers. CommonBond stated they have one manager certified in public housing and public housing financial management certification and building maintenance certified, and have three staff members that have public housing occupancy and public housing financial certifications. Steven Scott stated they have a certified residential manager, certified occupancy manager, and HUD certified managers, with no certified public housing staff Stuart Management has staff with certified housing managers, financial occupancy and housing certifications. Walker stated they do not have any staff certified in public housing, but have staff certified in Section 202properties, and occupancy manager. Crest View stated Kottsick is certified in occupancy and public housing. Housing & Redevelopment Authority Minutes August 20, 2003 Page 4 of 6 Ericson asked each boardmember for their thoughts on the management bids. Williams-felt Crest View provides a good program. dindra- felt it is time for change and was impressed with Walker and CommonBond. Kelzenberg- felt a need for change and was leaning towards Walker. Nawrocki-he is a volunteer member of an advisory board for CommonBond, that meets three times a year, so he is familiar with CommonBond and also Walker's programs for seniors and felt they were both very qualified to manage Parkview Villa. Crest View has a strong background in the community but, was discouraged with the situation over the last year or so. Ecklund- felt very comfortable with CommonBond and V~alker and stated that Crest View could possibly work if they made some changes to management. Ericson-felt it is important to look over all the companies as a whole and be objective and has great trust in Crest View with their participation in the community. Ericson asked Mayor, Wyckoff for her thoughts. Wyckoff stated that Crest View has done a great job in the past but, maybe it's time for a change. Motion by Nawrocki, second by Kelzenberg, directing staff to prepare a draft 3-year Management Services Contract for Parkview Villa North and South with Walker ElderCare subject to approval by the HRA Board at a special meeting to be held prior to the regular HRA meeting in October. Upon Vote: Ecklund- aye, Nawrocki- aye, Ericson- nay, Kelzenberg- aye, Williams- nay, dindra- aye. Motion Carried. Amended Motion by Williams, second by Ecklund, to direct staff to prepare a draft 3-year Management Agreements with Crest View and Walker ElderCare subject to approval by the HRA Board at a special meeting to be held prior to the regular HRA meeting in October. Upon Vote: Ecklund- aye, Nawrocla'- nay, Ericson-aye, Kelzenberg-nay, V~lliams- aye, Jindra- nay. Motion Failed. Ericson called for a 5-minute recess. Architectural Services A~reement Nagel stated in the 15-year Capital Improvement Plan the apartment modernization for Parkview Villa North was identified. The modernization funding will come from the 2003 Capital Fund budget of $92,800, along with $24,200 of the remaining 2002 budget, which comes to a total amount of $118, 000. An additional $13, O00 from both the 2002 and 2003 budgets was allocated for architectural services on project phasing and specifications for the work to be done to update each apartment. An RFQ was sent out from a list obtained by HUD of qualified architects, with three firms responding: B WBR Architects, Blumentals/Architecture, Inc. and Daniel K. Duffy Architects, Inc. All three companies bids meet the HRA 'S needs, but Blumentals and Dully did not include reimbursement, which couM lead to going over the $13,000 budgeted amount. Staff recommends approval of the bid from BWBR Architects. Housing & Redevelopment Authority Minutes August 20, 2003 Page 5 of 6 Williams asked if these fees are reimbursable and if so, will the project be done in time if the HRA sells the building to Anoka County. Nagel stated, yes the funds would be reimbursable and it would be done in time. MOTION by Nawrocki, second by Williams, to Approve the Architectural Services Agreement with B WBR Architects for the Parkview Villa North Apartment Modernization Project with the amount not-to-exceed $13,000; and furthermore, to direct the Chair and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. Parkview Villa North Elevator #2 Repair Proiect Nagel stated, staff was notified by Schindler Elevator Corporation that Elevator #2 at Parkview Villa North was in need of immediate repairs. Eagle Elevator confirmed the need for immediate replacement. Staff obtained proposals from three contractors: Eagle Elevator, Schindler Elevator, and ThyssenKrupp Elevator, which are all local vendors. Eagle Elevator was the low bidder at $23, 700 and agrees to comply with HUD's Davis Bacon Wage Decision requirements. By revising the 2002 Capital Fund Program remaining dollars the HRA couM pay for the elevator repairs. MOTION by Williams, second by Ecklund, to Approve the 2002 Capital Fund Program Budget Revision and the contract for repairs with Eagle Elevator Corporation for an amount not to exceed $23, 700for Elevator #2 repair at Parkview Villa North; and furthermore, to authorize the Chair and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. Resolution 2003-02 Amendine and Restatin~ the Bylaws Streetar stated last month the EDA amended their Bylaws to start their meetings at 7:00p. m. instead of 6:3O pm. Some of the HRA boardmembers also asked to change the HRA meetings to correspond with the EDA 's schedule. Therefore, staff has prepared the amended Bylaws for board review and adoption. MOTION by Ericson, second by Williams, to waive the reading of Resolution 2003-02, there being an ample amount of copies available to the public. All ayes. Motion Carried. MOTION by Ericson, second by Williams, to Adopt Resolution 2003-02, a Resolution to Amend and Restate the Bylaws of the Columbia Heights Housing & Redevelopment Authority. All ayes. Motion Carried. Nawrocki stated there are other corrections to be made to the Bylaws at this time also. Ericson requested staff have the City's legal council review and prepare an amended version of the Bylaws for the October meeting. Housing & Redevelopment Authority Minutes August 20, 2003 Page 6 of 6 Other Business Reuben Baker, Caretaker for Parkview Villa asked, what will happen to Pat and his vacation and sick time when a new management firm takes over. Streetar stated they should check with Shirley Barnes at Crest View to see what their hiring contract states. ADMINISTRATIVE REPORTS- None ADJOURNMENT Chair, Ericson adjourned the meeting at 9:05 p. m. Respectfully submitted, Cheryl Bakken Recording Secretary H:LHRAMinutes 2003\8-20-2003 LLm II II Parkview Villa Housing Complex 965 N.E. 40th Avenue, Columbia Heights, MN 55421 (763) 706-3800 Fax (763)788-3978 DATE: October 13, 2003 TO: Bob Streetar; Community Development Director Shirley Barnes; Chief Executive Officer; Crest View Corporation Commissioners; Columbia Heights HRA Board of Directors; Crest View FROM: Karen Fantle, Housing Manager September 2003 Management Report for Parkview Villa & 4607 Tyler We have received one bid for carpet replacement; another is scheduled for 7:30 a.m. on Tuesday, October 14. One did not show last week and Bill is working on getting a 3rd bid in replacement of that. I would suggest that if not all of the South building can be done at one time, that the 2nd floor hall be the first one to be replaced. It is loose from the floor and is puffed up and presents a safety issue for the residents OCCUPANCY: 4607 Tyler Apt #3 NORTH BUILDING Apt #609 October 1, 2003 SOUTH BUILDING Apt #315 October 3, 2003 Waiting list totals are as follows: Parkview Villa North 25 CH Residents 35 Non-residents Parkview Villa South 16 CH Resident 1 Non-resident 4607 Tyler 0 CH Residents 0 Non-residents MISC: For informational purposes the Parkview Villa calendar is attached. Equal Housing Opportunity Agency Owned by the City of Columbia Heights HRA Managed by Crest View Management Services EQUAL HOUIENO OPPORTUNITY COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY (HRA) Meeting of October 21, 2003 AGENDA SECTION: Items for Consideration NO: 1 ITEM: Adopt Resolution 2003-04, Adopting the Proposed 2004 Budget for Parkview Villa North ORIGINATING DEPARTMENT: HRA BY: Shirley Barnes DATE: October 13, 2003 EXECUTIVE DIRECTOR APPROVAL BY: BACKGROUND: Parkview Villa North (PVVN) consists of 101 units of public housing, located at 965 40th Avenue Northeast. PVVN serves seniors and disabled persons. PVVN was constructed in 1975 with funds from the U.S. Department of Housing and Urban Development. Crest View Corporation provides management services to PVVN. Expenditures The proposed 2004 budget for PVVN is $373,900. This represents a 3.7% increase, or $13,393, over last year's budget of $360,507. There is a 4.5% ($7,275) increase in allocated interdepartmental labor costs. In addition, a projected 10% increase in utility cost accounts for a $7,960 increase in expenses. There is a 5.4% increase in management fee expense due to a 2% increase in salary costs and a reallocation of the total management fee between PVVN and PVVS. The reallocation resulted in an increase for PVVN and a decrease for PVVS. Supplies and services are estimated to increase 3% in 2004. There is no budgeted capital outlay for 2004, resulting in a $6,357 decrease from 2003 budgeted expenses. Revenues Total revenue is $383,500 and includes rents of $280,000, a Department of Housing and Urban Development operating subsidy of $90,000, investment incomes of $5,000 and other miscellaneous charges. Capital Improvement Plan We will continue to implement the capital improvement plan as previously developed. RECOMMENDATION MOTION: Move to waive the reading of Resolution 2003-04, there being an ample amount of copies available to the public. RECOMMENDED MOTION: Move to adopt HRA Resolution 2003-04, being a Resolution of the Housing and Redevelopment Authority in and for the City of Columbia Heights, adopting the 2004 Parkview Villa North Budget of $373,900 and recommending this to the City Council for approval. HRA ACTION: H:',l-IRAConsent2002X2004 PVV North Budget HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR COLUMBIA HEIGHTS HRA RESOLUTION 2003-04 RESOLUTION OF THE HOUSING AND REDEVELOPMENT AUTHORITY ADOPTING THE 2003 BUDGET FOR PARKVIEW VILLA NORTH. BE IT RESOLVED By the Columbia Heights Housing and Redevelopment Authority (HRA) of Columbia Heights, Minnesota as follows: WHEREAS, Parkview Villa North (PVVN), a 101 units rental apartment building, was constructed in 1975 for the purpose of providing affordable housing to seniors and disabled persons. NOW, THEREFORE BE IT RESOLVED BY THE HRA FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA THAT: 1. The HRA adopts and recommends to the City Council for approval the 2004 PVVN budget of $373,900. The Executive Director is instructed to transmit a copy of this resolution to the City Manager and Finance Director/City Clerk of the City of Columbia Heights, Minnesota. APPROVED THIS__ DAY OF MOTION BY: SECONDED BY: ROLL CALL: AYES: NAY S: Attest by: ,2003. Walter R. Fehst, Executive Director Tammera Ericson, Chair CITY Of COLUMBIA HEIGHTS, MINNESOTA BUDGET 2004 Summary by Class Functional Area of Parkview Villa North Budget 2004 Parkview Villa North 203-46330 Adopted Department Actual Actual Budget Proposed 2001 2002 2003 2004 City Manager Adopted P~posed Budget 2004 2004 Expenses Personal Services Supplies Other Services and Charges Capital Outlay Contingencies & Transfers Total Expenses 10,335 9,095 16,251 23,526 23,526 27,201 10,221 22,054 21,738 21,738 273,411 258,758 304,391 315,118 315,118 11,563 0 6,357 0 0 7,335 7,884 11,454 13,518 13,518 203 PARKVIEW VILLA NORTH 46330 PARKVIEW VILLA NORTH Line Item De*cription PERSONAL SERVICES 1000 ACCRUED SALARIES 1011 PART-TIME EMPLOYEES 1070 INTERDEPARTMENTAL LABOR SERV 1080 INTERDEPARTMENTAL LABOR CR 1210 P.E.R.A. CONTRIBUTION 1220 F.I.C.A CONTRIBUTION 1300 INSURANCE 1510 WORKERS COMP INSURANCE PREM 1700 ALLOCATED FRINGE 1800 INTERDEPARTMENTAL FRINGE CR TOTALS: PERSONAL SERVICES SUPPLIES 2000 OFFICE SUPPLIES 2010 MINOR EQUIPMENT 2011 COMPUTER EQUIPMENT 2020 COMPUTER SUPPLIES 2030 PRINTING & PRINTED FORMS 2070 TRAINING & INSTR SUPPLIES 2160 MAINT & CONSTRUCT MATERIALS 2161 CHEMICALS 2171 GENERAL SUPPLIES 2172 UNIFORMS 2175 FOOD SUPPLIES TOTALS: SUPPLIES OTHER SERVICES & CHARGES 3020 ARCHITECT/ENGINEER FEES 3040 LEGAL FEES 3041 ATTORNEY FEES-CIVIL PROCESS 3050 EXPERT & PROFESSIONAL SERV. 3060 MANAGEMENT SERVICES 3100 PROTECTIVE SERVICES 3105 TRAINING & EDUC ACTIVITIES 3210 TELEPHONE & TELEGRAPH 3220 POSTAGE 3250 OTHER COMMUNICATIONS 3310 LOCAL TRAVEL EXPENSE 3320 OUT OF TOWN TRAVEL EXPENSE 3500 LEGAL NOTICE PUBLISHING 3600 INSURANCE & BONDS 3810 ELECTRIC 3820 WATER 3830 GAS 3840 REFUSE 3850 SEWER 4000 REPAIR & MAINT. SERVICES 4030 EXTRAORDINARY MAINTENANCE 4100 RENTS & LEASES 4200 PROGRAM ACTIVITIES 4300 MISC~ CHARGES 4315 PILOT 4330 SUBSCRIPTION, MEMBERSHIP 4335 TENANT SERVICES 4349 INSURANCE DEDUCTIBLE 4374 EMPLOYEE RECOGNITION 4376 MISCELLANEOUS CIVIC AFFAIRS 4380 COMMISSION & BOARDS 4390 TAXES & LICENSES 4395 STATE SALES TAX 4500 ADMINISTRATIVE EXPENSES 4850 INTEREST ON DEPOSITS TOTALS: OTHER SERVICES & CHARGE CAPITAL OUTLAY 5120 BUILDING & IMPROVEMENT 5130 IMPROV OTHER THAN BUILDINGS 5170 OFFICE EQUIPMENT 5180 OTHER EQUIPMENT TOTALS: CAPITAL OUTLAY OTHER FINANCING USES 7100 OPER. TRANSFER OUT - LABOR 7431 TRANSFER OUT SPECIAL PROJECT 8110 VANDALISM TOTALS: OTHER FINANCING USES TOTALS: PARKVIEW VILLA NORTH TOTALS: PARKVIEW VILLA NORTH City of Columbia Heights 2004 Budget work sheet City Manager Proposed tActualI Actual I Adopted IDepartmentl Manager I Cou.cil Expense I Expense I Budget I Proposed I Proposed I Adopted 2001 I 2002 I 2003 I 2004 I 2004 I 2004 6,890 6,081 10,888 15,692 15,692 3,445 3,014 5,363 7,834 7,834 10,335 9,095 16,251 23,526 23,526 263 203 650 602 602 843 1,423 3,000 3,000 3,000 15,613 250 250 250 400 400 400 100 100 100 50 50 50 2,287 1,888 6,000 6,164 6,164 7,936 6,649 11,219 10,674 10,674 50 50 50 258 58 335 448 448 27,201 10,221 22,054 21,738 21,738 196 670 670 670 8,475 1,602 1,366 1,322 1,322 104,390 104,009 110,160 116,150 118,150 250 250 250 2,135 1,879 3,000 3,105 3,105 331 332 261 299 299 358 222 500 500 500 50 50 50 150 150 150 154 46 250 250 250 15,700 24,024 31,232 29,022 29,022 31,688 29,854 35,700 39,270 39,270 7,113 7,177 8,000 8,400 8,400 32,087 24,721 39,900 43,890 43,890 2,829 2,832 2,875 3,000 3,000 5,337 5,363 5,500 5,500 5,500 35,728 29,495 33,647 36,000 36,000 3,500 100 100 100 100 100 100 100 100 500 100 100 100 100 19,247 22,092 19,565 19,565 19,565 188 132 250 250 250 250 350 350 1,000 1,000 1,000 385 126 375 375 375 726 773 690 400 400 5,317 3,869 4,500 4,500 4,500 527 109 450 450 450 273,412 258,758 304,391 315,118 315,118 1,760 690 9,803 5,667 11,563 6,357 7,335 7,884 11,454 13,518 13,518 7,335 7,884 11,454 13,518 13,518 329,845 285,959 360,507 373,900 373,900 329,845 285,959 360,507 373,900 373,900 GRAND TOTALS: 329,845 285,959 360,507 373,900 373,900 COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY (HRA) Meeting of October 21, 2003 AGENDA SECTION: Items for Consideration ORIGINATING EXECUTIVE NO: 2 DEPARTMENT: HRA DIRECTOR APPROVAL ITEM: Adopt Resolution 2003-05, Adopting BY: Shirley Barnes BY: the Proposed 2004 Budget for Parkview Villa DATE: October 13, 2003 South BACKGROUND: Parkview villa South (PVVS) is a 45-unit apartment building, located at 965 40th Avenue Northeast. PVVS serves low-income seniors age 55 and older. PVVS was constructed in 1991. PVVS is owned by the Economic Development Authority and managed by Crest View Corporation. Expenditures The proposed 2004 budget for PVVS is $197,477. This represents a 7.6% or $16,287 decrease over last year's budget of $213,764. There is a 1.5% decrease ($2,305) in allocated interdepartmental labor costs. Management services expense decreased $2,458 and is the net result of a 2% increase in salary expense and a reallocation of costs between PVVS and PVVN. There are no budgeted capital items in 2004, resulting in a decreased cost of $15,183 when compared with budget year 2003. Revenues Gross revenues are $198,100 and include rents of $180,000, investment income of $6,000 and other miscellaneous charges. It is important that we continue to look at the rent structure for PVVS. RECOMMENDATION MOTION: Move to waive the reading of liRA Resolution 2003-05, there being an ample amount of copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2003-05, a Resolution of the Housing and Redevelopment Authority in and for the City of Columbia Heights adopting the 2004 PVVS Budget of $197,477 and recommending this budget to the City Council for approval. HRA ACTION: H:~I-IRA Consent2003~2004 PW South Budget HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR COLUMBIA HEIGHTS HRA RESOLUTION 2003-05 RESOLUTION OF THE HOUSING AND REDEVELOPMENT AUTHORITY ADOPTING THE 2003 BUDGET FOR PARKVIEW VILLA SOUTH. BE IT RESOLVED By the Columbia Heights Housing and Redevelopment Authority (HRA) of Columbia Heights, Minnesota as follows: WHEREAS, the City had constructed in 1991 Parkview Villa South (PVVS), a 45-unit rental apartment building, for the purpose of providing housing for low-income seniors age 55 and older. NOW, THEREFORE BE IT RESOLVED BY THE HRA FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA THAT: 1. The HRA adopts and recommends to the City Council for approval the 2004 PVVS budget of $197,477. The Executive Director is instructed to transmit a copy of this resolution to the City Manager and Finance Director/City Clerk of the City of Columbia Heights, Minnesota. APPROVED THIS MOTION BY: SECONDED BY: ROLL CALL: AYES: NAY S: Attest by: DAY OF ,2003. Walter R. Fehst, Executive Director Tammera Ericson, Chair Summary by Class Parkview Villa South 213-46340 Expenses Personal Services Supplies Other Services and Charges Capital Outlay Contingencies & Transfers Total Expenses CITY OF COLUMBIA HEIGHTS, MINNESOTA BUDGET 2004 Functional Area of Parkview Villa South Budget 2004 Adopted Department City Manager Adopted Actual Actual Budget Proposed Proposed Budget 2001 2002 2003 2004 2004 2004 2,768 6,263 12,388 10,083 10,083 15,479 6,359 9,328 10,822 10,822 146,353 141,363 168,275 169,608 169,608 4,894 9,089 15,183 0 0 703,670 5,914 8,590 6,964 6,964 i' '~ ":':.:'.' 8~'~i.i::i~i'. '.~ :::' ~8~88" ~, .. :~ ~3 .~64: ..~: i,!!': ' lg~i~ ~7:,: ".. ',~?:'?~9~:~477 .i~ ~iil :ii :,.: .;, :.=: ",'~: 213 PARKVIEW VILLA SOUTH 46340 PARKVIEW VILLA SOUTH Line Item Description City of Columbia Heights 2004 Budget work sheet City Manager Proposed t Actual I Actual Adopted IDepartment Manager Council Expense I Expense I Budget Proposed Proposed Adopted 2001 I 2002 I 2003 2004 2004 2004 PERSONAL SERVICES 1000 ACCRUED SALARIES 1070 INTERDEPARTMENTAL LABOR SERV 1,845 4,192 8,300 6,725 6,725 1300 INSURANCE 1700 ALLOCATED FRINGE 923 2,070 4,088 3,358 3,358 TOTALS: PERSONAL SERVICES 2,768 6,263 12,388 10,083 10,083 SUPPLIES 200O OFFICE SUPPLIES 106 88 350 602 602 2010 MINOR EQUIPMENT 69 331 885 1,282 1,282 2011 COMPUTER EQUIPMENT 11,394 200 200 200 2020 COMPUTER SUPPLIES 200 200 200 2030 PRINTING & PRINTED FORMS 50 50 50 2070 TRAINING & INSTR SUPPLIES 25 25 25 2160 MAINT. & CONSTRUCT MATERIALS 394 3,072 3,200 3,036 3,036 2161 CHEMICALS 2171 GENERAL SUPPLIES 3,389 2,840 4,248 5,257 5,257 2172 UNIFORMS 2175 FOOD SUPPLIES 127 28 170 170 170 TOTALS: SUPPLIES 15,479 6,359 9,328 10,822 10,822 OTHER SERVICES & CHARGES 3041 A'I-rORNEY FEES-CIVIL PROCESS 45 330 330 330 3050 EXPERT & PROFESSIONAL SERV. 3,781 695 596 578 578 3060 MANAGEMENT SERVICES 52,103 51,913 54,028 51,570 51,570 3100 PROTECTIVE SERVICES 3105 TRAINING & EDUC ACTIVITIES 150 150 150 3210 TELEPHONE&TELEGRAPH 903 992 1,500 1,617 1,617 3220 POSTAGE 95 144 122 139 139 3250 OTHER COMMUNICATIONS 176 82 250 250 250 331o LOCAL TRAVEL EXPENSE 40 40 40 3320 OUT OF TOWN TRAVEL EXPENSE 100 100 100 3500 LEGAL NOTICE PUBLISHING 23 55 55 55 3600 INSURANCE & BONDS 7,850 11,833 15,383 12,930 12,930 3810 ELECTRIC 19,389 16,529 22,633 24,896 24,896 3820 WATER 3,516 3,535 3,969 4,047 4,047 3830 GAS 19,853 13,900 19,371 22,374 22,374 3840 REFUSE 341 861 1,410 1,410 1,410 3850 SEWER 2,638 2,642 2,908 2,965 2,965 4000 REPAIR & MAINT. SERVICES 16,438 19,229 14,700 24,060 24,060 4030 EXTRAORDINARY MAINTENANCE 10,500 3,000 3,000 4100 RENTS & LEASES 50 50 50 4200 PROGRAM ACTIVITIES 42 75 75 75 4300 MISC. CHARGES 58 50 50 50 4315 PILOT 13,706 14,757 14,595 14,595 14,595 4330 SUBSCRIPTION, MEMBERSHIP 37 37 125 125 125 4335 TENANT SERVICES 100 100 100 4374 EMPLOYEE RECOGNITION 4376 MISCELLANEOUS CIVIC AFFAIRS 4380 COMMISSION & BOARDS 182 65 200 200 200 4390 TAXES & LICENSES 1,387 1,410 1,395 500 500 4395 STATE SALES TAX 3,805 2,571 3,500 3,262 3,262 4500 ADMINISTRATIVE EXPENSES 4850 INTEREST ON DEPOSITS 66 90 140 140 140 TOTALS: OTHER SERVICES & CHARGI 146,353 141,364 168,275 169,608 169,608 CAPITAL OUTLAY 5120 BUILDING & IMPROVEMENT 12,000 5130 IMPROV. OTHER THAN BUILDINGS 5170 OFFICE EQUIPMENT 350 5180 OTHER EQUIPMENT 4,894 9,089 2,833 TOTALS: CAPITAL OUTLAY 4,894 9,089 15,183 OTHER FINANCING USES 7100 OPER. TRANSFER OUT - LABOR 3,670 7411 TRANSFER OUT TO PWS 700,000 8110 VANDALISM TOTALS: OTHER FINANCING USES TOTALS: PARKVIEW VILLA SOUTH TOTALS: PARKVIEW VILLA SOUTH 5,914 8,590 6,964 6,964 GRAND TOTALS: 873,164 168,988 213,764 197,477 197,477 703,670 5,914 8,590 6,964 6,964 873,164 168,988 213,764 197,477 197,477 873,164 168,988 213,764 197,477 197,477 COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY (HR.A) Meeting of: October 21, 2003 AGENDA SECTION: Items for Consideration ORIGINATING EXECUTIVE NO: 3 DEPARTMENT: HRA DIRECTOR APPROVAL ITEM: Walker ElderCare Management BY: Mark Nagel BY: Agreement DATE: October 14, 2003 BACKGROUND: At the HRA's August 20, 2003 meeting the board passed a motion directing staff to prepare a draft 3-year agreement for management services with Walker ElderCare for Parkview Villa North and South, subject to approval by the HRA at a meeting in October. Staff has prepared the 3- year draft agreement for board review. The services provided are the same as in the existing management services agreement with Crest View Corporation with the exception that Walker ElderCare will take over the operation of Capital Fund Program. As Commissioners may recall, the HRA receives about $102,000 to implement the 15-year CIP approved for PVVN last summer. Currently, about 90% of those funds are scheduled to spent on apartment modernization over the next 5 to 8 years. The attached management services agreement is based on the current one with Crest View Corporation and the HUD boiler plate, management services agreement. It should be noted that there are still negotiations on-going on specific language, particularly as it relates to insuring the HRA has a voice in selecting the next management team for PVVN/S. In addition to your comments, staff still needs to obtain comments from the HUD Field Office, as well. Finally, the City Attorney's Office has reviewed the proposed agreement and approved it as to form. Staff will be at the meeting to walk through the agreement step-by-step. Crest View Corporation Cost 1st Year $169,019 Cost Each Year After Staff cost of living and 10 cents/unit management increase each year. Walker ElderCare $168,500 CPI increases each year RECOMMENDATION: Staff recommends the board approve the Management Services Agreement with Walker ElderCare. RECOMMENDED MOTION: Move to Approve the 3-year Management Services Agreement with Walker ElderCare; and furthermore, to authorize the Chair and Executive Director to enter into an agreement for the same. HRA ACTION: h: \Parkview Villa\Walker Agreement-Review MANAGEMENT AND MAINTENANCE SERVICES AGREEMENT THIS AGREEMENT, ('~eeina~Dd to ~4~gre~ee ~), eTlve on the of September, 2003, by and l~twe~th~l~er ~e ~rvHes, h'm. (hereinafter referred to as /kContractor@), located at, l~n3-Y~ryallg.A~ou~apoli~ 55409 and the Columbia Heights Economic Development Authority (hereinafter referred to as JkOwner@), located at 590 40th Avenue N.E., Columbia Heights, MN 55421; WITNESSETH: WHEREAS, Contractor has over a number of years acquired managerial skills for the provision of administrative services in the fields of skilled nursing care and provision of housing for the elderly; and WHEREAS, Owner desires to employ Contractor for the purposes of providing management and administrative services for Parkview Villa North and South located at 965 40th Avenue N.E., Columbia Heights, MN 55421 (hereinafter the 3.Project~); NOW, THEREFORE, it is agreed as follows: Undertaking. Owner hereby contracts for and Contractor hereby agrees to famish the services provided for under the provisions of this Agreement. B. Terms and Conditions. 1. Termination of Conditions. Terms of Agreement. The term of this Agreement shall begin on the effective date and continue in effect until unless terminated earlier pursuant to Sections b. and/or c. below. Termination of Agreement for Cause. If, through any cause, Contractor shall fail to fulfill in timely and proper manner their obligations under this Agreement, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Agreement, the Owner shall thereupon have the right to terminate this Agreement by giving 30 days written notice to Contractor of such termination. In such event, all finished or unfinished MANAGEMENT AND MAINTENANCE SERVICES AGREEMENT o co documents, data, studies, and reports prepared by Contractor under this A~t~ s~the opt~n of ~[~~e its property and Cotracto]l[h~l~ntitle)gl~rece eil~st ancl~quitable compensation for a II_ doc. tents' Termination for Convenience of Owner. The Owner may terminate this Agreement any time with 60 days notice in writing from the Owner to the Contractor. If the Agreement is terminated by the Owner as provided herein Contractor will be paid amount, which bears the same ratio to the total compensation as services actually performed bear to the total services of Contractor covered by the Agreement, less payments of compensation previously made. Provided, however, that if less than 60% of the services covered by this Agreement have been performed upon the effective date of such termination, Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Agreement) incurred by Contractor during the Agreement period which are directly attributable to the uncompleted portion of the services covered by the Agreement. If the Agreement is terminated due to the fault of Contractor, Section B. Terms and Conditions, 1. hereof, relative to termination shall apply. Changes. The Owner may, from time to time, request changes in the scope of the services of contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of Contractor compensation, shall be mutually agreed upon by and between the Owner and Contractor and shall be incorporated into this Agreement by written amendments to this Agreement. Personnel. ao Contractor represents that it has, or will secure at its own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees of nor have any contractual relationship with the Owner. All services required hereunder will be performed by Contractor or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to MANAGEMENT AND MAINTENANCE SERVICES AGREEMENT Co perform such services. No-l~h-~ingAence.~a en a~correctional institution sat b~eje~.l~e ,11~ w,o~r, tl~ Algreen~t. All employees shall be s~criallaal~o~. ~ Contractor shall abide by provisions in Appendices A (Contract Provisions Required by federal Law or Owner Contract with the U.S. Department of Housing and Urban Development) and B (Representations, Certifications, and Other Statements of BiddersBPublic and Indian Housing Programs) attached to this agreement. Equal Employment Opportunity. During the performance of the Agreement Contractor Agrees as follows: Contractor will not discriminate against any employee or applicant for employment. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated, during employment, without regard to their race, color, creed, religion, national origin, sex, marital status, familiar status, status with regard to public assistance, disability, handicap, sexual orientation, and age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other form of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Owner setting forth the provisions of this nondiscrimination clause. Contractor shall maintain an approved affirmative action plan. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, national origin, sex, marital status, familial status, status with regard to public assistance, disability, handicap, sexual orientation, and age. MANAGEMENT AND MAINTENANCE SERVICES AGREEMENT o o 10. Co Contractor will cause the foregoing provisions to be inserted in all s~~ts'f,~-a~work ~l~vere~ ~,gl~nt so that such prolision~[ill el.~l~ding~fl~ eac si~c0ntrttor, provided that the for~oin.~o~s~ sha~ppllto ~:ont. ra.~s or subcontracts for st aallhg.~orral~c ~ lie r~llr~r~ at eri ~ Discrimination Because of Certain Labor Matters. No person employed for the work covered by this Agreement shall be discharged or in any way discriminated against because he/she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding relating to the labor or other legal standards applicable hereunder to his/her employer. Compliance with Local Laws. Contractor shall comply with all applicable laws, ordinances, and codes of the State and local governments, and shall commit no trespass on any public or private property in performing any of the work embraced by this Agreement. Subcontracting. None of the services covered by this Agreement shall be subcontracted without the prior written consent of the Owner. Contractor shall be as fully responsible to the Owner for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as it if for the acts and omissions of persons directly employed by Contractor. Contractor shall have the right to subrogate and direct or indirect claims against any subcontractor. Contractor shall insert in each subcontract appropriate provisions requiring compliance with the labor standards provisions of the Agreement. Assignabili _ty. Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the Owner. Provided, however, that claims for money due or to become due Contractor from the Owner under this Agreement may be assigned to a bank, trust company, or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the legal public agency. Interest of Members of Owner. No member of the government body of the Owner, and no other officer, employee, or agent of the Owner who exercises any functions or responsibilities in connection with the carrying out of the Project to 4 MANAGEMENT AND MAINTENANCE SERVICES AGREEMENT Co Do 11. which this contract pertains, shall have any personal interest, direct or indirect, in the Agrec'r c'~' Interest of ; c O . e governing body of the locality in W ~" ~k~~ "anp°th.,e.r.lub. lic official of such locality, u~'..-'~'~,,~t~-- .~?, ? ._~I~...re,~lonsibililill~.in the review or approval of the carrying out of the Project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement. 12. Interest of Certain Federal Officials. No member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of the Agreement or to any benefit to arise therefrom. 13. Interest of Contractor. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in the above-described Project or any parcels herein or any other interest, which would conflict in any manner or degree with the performance of the services hereunder. Contractor further covenants that in the performance of this Agreement no person having any such interest shall be employed. 14. Findings Confidential. All of the reports, information, data, etc., prepared or assembled by Contractor under this Agreement are confidential and Contractor agrees that they shall not be made available to any individual or organization without prior written approval of Owner or upon a valid order of a court of applicable jurisdiction. Fees. Contractor shall be paid by Owner $14,091.75 per month at Parkview Villa North and South, plus other costs as defined in Part E of this Agreement. The monthly fees are increased each second and third year of the contract based on Twin Cities Market area CPI. Services to be Provided by Contractor. Provide financial and other reports and records on a monthly basis or in accordance with Owner requirements. Perform administrative and management services as described in the Management Plan. MANAGEMENT AND MAINTENANCE SERVICES AGREEMENT o 0 o 10. Provide referral services for those needing assistance in daily living activities. Contractcnlol~pt~l,'ag~opnat~i~ite s~f[~i~l~ mn the business. Contractorlhall l~le, ~v~ld proJ~'~ any I~red b~efits, including Workers Compensalan in, l~ra~e'~vera~ otl~r bt:nefit~ts deemed desirable by Contract~d~ill~ff, a~dir~pervisa~he staff. Contractor will file any necessary payroll reports, etc. in regard to the staff serving on the Parkview Villa site. Site staff salaries and benefits are included in the management fee. Provide support to Parkview Villa staffin an emergency, subject to reimbursement by Owner. Perform total management of day-to-day operations, including admission work, discharge management, and maintaining current waiting lists. Comply with rules and regulations established by HUD and other appropriate government agencies in the management of Parkview Villa. Negotiate (secure proposals in accordance with Owner Procurement Policy) and execute on behalf of the Owner and Parkview Villa any contracts for services, materials and supplies, which are included in the Operating Budgets for Parkview Villa North and South. Contractor shall negotiate (secure proposals in accordance with Owner Procurement Policy) and provide the Owner Executive Director a proposal summary and copies of proposals received on any work, materials or supplies not included in the operating budgets. The Executive Director, Deputy Executive Director, and/or President will sign the necessary contract or purchase order to purchase the item(s) or secure the service. All purchases and contracts shall be in the name of the Columbia Heights Housing and Redevelopment Authority and/or the Parkview Villa Housing Complex. Provide all normal public housing related management functions, including yearly inspection of all units, annual income reviews, maintenance of waiting lists in accordance with the Owner Occupancy Policies for the Project, admissions evictions, and any housing management related functions. Prepare a monthly report on the management of the Project for the Owner=s Executive Director and Board of Commissioners. The Public Housing Manager shall attend Owner meetings at least once per month and at other times as 6 MANAGEMENT AND MAINTENANCE SERVICES AGREEMENT 11. necessary to provide information to Owners on Project activities andto secure Insure thatlae _P!~lic I[0~ng lX~r atlndlthe m~thly Resident Council meeting. ~lic, Jlous~a~~work ~ the Resident Council of Parkview Villa as necessary for the efficient and amicable operations of the facility. 12. Maintain records on-site and off-site in accordance with Federal Department of Housing and Urban Development, State of Minnesota, and Owner records maintenance/disposition requirements. Responsibility for Costs. With respect to expenses to be bom by Owner, Contractor shall not commit any expenses which have not received prior written approval by the Owner. The annual operating budget, approved by the Owner, shall satisfy the prior written approval requirement. Contractor will be authorized to contract for services/supplies as necessary for the management/maintenance of the Project for approved budgeted items. Invoices and billings received for such services/supplies are to be approved as appropriate by Contractor and coded with account coding as required by the Owner so that the Owner can maintain proper accounting records for the Project. Approved billings/invoices for services/materials for the maintenance/office expenses will be paid by the Owner in accordance with established Owner policies for mileage reimbursement and other miscellaneous purposes. o Contractor shall be reimbursed by the Owner for the compensation of all employees retained by Contractor for the provision of services at Parkview Villa, in accordance with Section D above, including related fringe benefits, payroll tax and other payroll related costs. For those employees who are Maintenance or Caretakers, they will be compensated at a rate as approved and meeting HUD guidelines. The amount is subject to change by HUD. Notwithstanding the limitations imposed by subparagraph E. 1., Contractor may, on behalf of the Owner, without prior consent (provided good faith efforts as MANAGEMENT AND MAINTENANCE SERVICES AGREEMENT reasonable under the circumstances to obtain consent) expend any amount, or incur a c~~n in a.~amo~~al with emergency conditions l~hmhl[a~e a d/~er to l~r prol~rty or may threaten the safety of tl~I occ]~m~ o .~e b!~l~an~cl~thar apptltenances comprising the Project, ~eal~-th~ns~~ necessllay service to the Project. o Contractor shall not be responsible for an additional costs related to any errors in the approved operating budgets that are in effect when the contract commences. Financial Considerations. Contractor shall collect and provide receipts for all rents and other charges due to the Owner for operation of the Project and all rentals or payments from concessionaires, if any, provided that Contractor shall have no responsibility for collection of delinquent rents or other charges except for sending notices of delinquency and advising the Owner thereof. Contractor shall provide the Owner at 590 40th Avenue N.E. copies of records of all receipts and deposits to the Owner bank accounts for the Project. Contractor shall provide such records of receipts and any expenditures made from the Project Petty Cash Account (if in need of replenishment) on or before the first day of each month. o Contractor, in coordination with the Owner Executive Director, shall prepare and submit to the Owner on or before June 1 of each year on in accordance with such other date set by the Owner, recommended budgets and rent adjustments for the Project (one budget for the Parkview Villa South and one budget for Parkview Villa North). The proposed budgets shall reflect anticipated receipts and expenditures for the next fiscal year (the Owner fiscal Year starts on January 1). Also to be included in the budget are extraordinary maintenance, betterment/additions, and replacement of equipment. Contractor shall review and recommend to the Owner necessary staffing requirements to perform its duties as listed herein. Contractor shall be directly responsible for training, directing, and supervising the staff. Owner will assist the Contractor in filling any personnel vacancies. 8 MANAGEMENT AND MAINTENANCE SERVICES AGREEMENT Go Ho With the aid of appropriate staff/committees from Owner, Contractor will open and main~c~',~ts and~[!nde~ra~~d supporting documentalon li'lla t~ time~l~que~y Owler. Records and accounts will be ma~ta~anc/~i~.HU~ re~luirer~nts and Contractor will prepare o~n tl~l~t~re~ olJll.~rts nec.~kary to comply with HUD reporting requests. Records and Reports. Contractor will prepare monthly operating reports and such other additional reports as are from time to time deemed necessary by Owner to keep fully advised of services being performed by Contractor. Indemnity. Except for losses incurred as the result of gross negligence or intentional misconduct of its employees, or agents, Owner shall indemnify Contractor for, and hold Contractor harmless from, any and all losses, demands, damages (whether general, punitive, or otherwise), liabilities, claims, causes of action (whether legal, equitable or administrative), judgments, penalties awards settlements and court costs and legal or other expenses which Contractor suffers or incurs as a direct or indirect consequence of Contractor providing management, maintenance, and administrative services pursuant to this Agreement. Owner shall provide all insurance coverage satisfactory to Contractor, naming as insureds Contractor, its officers, directors and employees, as well as the Owner, its officers, directors and employees. Owner shall pay the cost of said insurance, as well as any other expenses related thereto. Limitations on Contractor's Responsibilities. Contractor shall have no authority to make any structural changes in the Project or to make any other major alterations or additions in or to any building or equipment therein, except such emergency repairs as may be required because of danger to life or property or repairs which are immediately necessary for the preservation and safety of the building or the safety of the occupants, or are required to avoid the suspension of any necessary service to the Project. It is understood and agreed that Contractor is not authorized or required to handle major construction or fire restoration. The owner may employ contractor to plan, take bids, contract for and supervise major projects. Prior to commencing such projects, however, the parties shall agree in writing on the terms and fees to be paid to Contractor for such additional services. Nothing herein contained shall be construed to relieve contractor of its duties in connection with the repair, MANAGEMENT AND MAINTENANCE SERVICES AGREEMENT Jo maintenance and replacement of components of the Project which are ordinary, necess~ch~,V,~lfUrfing~ems r~a~~ The cost of such repair, maintenant and]lPl el~li~ht are~d~[e pail~the Olner. Advance Owner appro~~qtlr~n ex~d~resln al:cord~lce with the Owner official procure~y,.alluap~ichl~ ~ fumisllld to Contractor. Except with respect to the conduct and execution of its duties as set forth herein, Contractor shall have no further responsibility for Owner=s compliance with the requirements of any ordinances, laws, rules or regulations (including those relating to the disposal of solid, liquid and gaseous wastes) of the city, county, state or Federal government, or any public authority or official thereof having jurisdiction over the Owner or to the Project, except to promptly notify the Owner, and to promptly forward to the Owner any complaints, wamings, notices or summons received by it relating to such matters. The Owner agrees to indemnify and hold Contractor harmless and its officers, directors, its representatives, servants and employees from all loss, costs, expense and liability whatsoever which may be imposed upon them or any of them by reason of the presence of, or any future, violations or alleged violations of such laws, ordinances, rules or regulations except for such as may arise out of the acts or omissions of Contractor or those independent contractors operating under Contractor=s supervision. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the respective parties, including without limitation any corporation into which either may be consolidated or merged, subject to the provisions of Section B of this Agreement. This Agreement is otherwise not assignable without the prior written consent of the respective parties, which consent will not be unseasonably withheld. Applicable Law. This Agreement shall be governed by the laws of the State of Minnesota. Amendment. This Agreement may not be amended orally, but only in writing signed by the parties hereto. 10 MANAGEMENT AND MAINTENANCE SERVICES AGREEMENT Walker ElderCare Services, Inc. Columbia Heights Economic DRAFTthor ty By By Lyrm M. Starkovich Tammera Ericson Its Chief Executive Officer Its Chair Date Date APPROVED: U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT By By Its Date Walter R. Fehst Executive Director Title Date F:\USERS\MarciaL~WEC\Col Hts Mgmt & Maint Svcs Agrmt 9-03.wpd 11 U.S. Department of Housing and Urban Development Office of Public and Indian Housing Representations, Certifications, and Other Statements of Bidders Public and Indian Housing Programs Previous edition is obsolete form H U D-5369-A (11/92) Representations, Certifications, and Other Statements of Bidders Public and Indian Housing Programs Table of Contents Clause Page 1. Certificate of Independent Price Determination 1 2. Contingent Fee Representation and Agreement 1 3. Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions 1 4. Organizational Conflicts of Interest Certification 2 5. Bidder's Certification of Eligibility 2 6. Minimum Bid Acceptance Period 2 7. Small, Minority, Women-Owned Business Concern Representation 2 8. Indian-Owned Economic Enterprise and Indian Organization Representation 2 9. Certification of Eligibility Under the Davis-Bacon Act 3 10. Certification of Nonsegregated Facilities 3 11. Clean Air and Water Certification 3 12. Previous Participation Certificate 3 13. Bidder's Signature 3 1. Certificate of Independent Price Determination (a) The bidder certifies that°- (1) The prices in this bid have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other bidder or competitor relating to (i) those prices, (ii) the intention to submit a bid, or (iii) the methods or factors used to calculate the prices offered; (2) The prices in this bid have not been and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a competitive proposal solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the bidder to induce any other concern to submit or not to submit a bid for the purpose of restricting competition. (b) Each signature on the bid is considered to be a certification by the signatory that the signatory- (1) Is the person in the bidder's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(I) through (a)(3) above; or (2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(I) through (a)(3) above. [insert full name of person(s) in the bidder's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the bidder's organization]; (ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and (iii) As an agent, has not personally participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above. (c) If the bidder deletes or modifies subparagraph (a)2 above, the bidder must furnish with its bid a signed statement setting forth in detail the circumstances of the disclosure. [ ] [Contracting Officer check if following paragraph is applicable] (d) Non-collusive affidavit. (applicable to contracts for construction and equipment exceeding $50,000) (1) Each bidder shall execute, in the form provided by the PHN IHA, an affidavit to the effect that he/she has not colluded with any other person, firm or corporation in regard to any bid submitted in response to this solicitation. If the successful bidder did not submit the affidavit with his/her bid, he/she must submit it within three (3) working days of bid opening. Failure to submit the affidavit by that date may render the bid nonresponsive. No contract award will be made without a properly executed affidavit. (2) A fully executed "Non-collusive Affidavit" [ ] is, [ ] is not included with the bid. 2. Contingent Fee Representation and Agreement (a) Definitions. As used in this provision: "Bona fide employee" means a person, employed by a bidder and subject to the bidder's supervision and control as to time, place, and manner of performance, who neither exerts, nor proposes to exert improper influence to solicit or obtain contracts nor holds out as being able to obtain any contract(s) through improper influence. "Improper influence" means any influence that induces or tends to induce a PHA/IHA employee or officer to give consideration or to act regarding a PHNIHA contract on any basis other than the merits of the matter. (b) The bidder represents and certifies as part of its bid that, except for full-time bona fide employees working solely for the bidder, the bidder: (1) [ ] has, [ ] has not employed or retained any person or company to solicit or obtain this contract; and (2) [ ] has, [ ] has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract. (c) If the answer to either (a)(1) or (a)(2) above is affirmative, the bidder shall make an immediate and full written disclosure to the PHNIHA Contracting Officer. (d) Any misrepresentation by the bidder shall give the PHNIHA the right to (1) terminate the contract; (2) at its discretion, deduct from contract payments the amount of any commission, percentage, brokerage, or other contingent fee; or (3) take other remedy pursuant to the contract. 3. Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (applicable to contracts exceeding $100,000) (a) The definitions and prohibitions contained in Section 1352 of title 31, United States Code, are hereby incorporated by reference in paragraph (b) of this certification. Previous edition is obsolete Page1 of 3 form HUD-5369-A (11/92) (b) The bidder, by signing its bid, hereby certifies to the best of his or her knowledge and belief as of December 23, 1989 that: (1) No 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 on his or her behalf in connection with the awarding of a contract resulting from this solicitation; (2) If any funds other than Federal appropriated funds (includ- lng profit or fee received under a covered Federal transaction) 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 on his or her behalf in connection with this solicitation, the bidder shall complete and submit, with its bid, OMB standard form LLL, "Disclosure of Lobbying Activities;" and (3) He or she will include the language of this certification in all subcontracts at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. (c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure. (d) Indian tribes (except those chartered by States) and Indian organizations as defined in section 4 of the Indian Self-Determina- tion and Education Assistance Act (25 U.S.C. 450B) are exempt from the requirements of this provision. 4. Organizational Conflicts of Interest Certification The bidder certifies that to the best of its knowledge and belief and except as otherwise disclosed, he or she does not have any organizational conflict of interest which is defined as a situation in which the nature of work to be performed under this proposed contract and the bidder's organizational, financial, contractual, or other interests may, without some restriction on future activities: (a) Result in an unfair competitive advantage to the bidder; or, (b) Impair the bidder's objectivity in performing the contract work. [ ] In the absence of any actual or apparent conflict, I hereby certify that to the best of my knowledge and belief, no actual or apparent conflict of interest exists with regard to my possible performance of this procurement. 5. Bidder's Certification of Eligibility (a) By the submission of this bid, the bidder certifies that to the best of its knowledge and belief, neither it, nor any person or firm which has an interest in the bidder's firm, nor any of the bidder's subcon- tractors, is ineligible to: (1) Be awarded contracts by any agency of the United States Government, HUD, or the State in which this contract is to be performed; or, (2) Participate in HUD programs pursuant to 24 CFR Part 24. (b) The certification in paragraph (a) above is a material represen- tation of fact upon which reliance was placed when making award. If it is later determined that the bidder knowingly rendered an erroneous certification, the contract may be terminated for default, and the bidder may be debarred or suspended from participation in HUD programs and other Federal contract programs. 6. Minimum Bid Acceptance Period (a) "Acceptance period," as used in this provision, means the number of calendar days available to the PHA/IHA for awarding a contract from the date specified in this solicitation for receipt of bids. (b) This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation. (c) The PHA/IHA requires a minimum acceptance period of [Contracting Officer insert time period] calendar days. (d) In the space provided immediately below, bidders may specify a longer acceptance period than the PHA's/IHA's minimum require- ment. The bidder allows the following acceptance period: calendar days. (e) A bid allowing less than the PHA's/IHA's minimum acceptance period will be rejected. (f) The bidder agrees to execute all that it has undertaken to do, in compliance with its bid, if that bid is accepted in writing within (1) the acceptance period stated in paragraph (c) above or (2) any longer acceptance period stated in paragraph (d) above. 7. Small, Minority, Women-Owned Business Concern Representation The bidder represents and certifies as part of its bid/offer that it -- (a) [ ] is, [ ] is not a small business concern. "Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding, and qualified as a small business under the criteria and size standards in 13 CFR 121. (b) [ ]is, [ ]is not awomen-owned business enterprise. "Women- owned business enterprise," as used in this provision, means a business that is at least 51 percent owned by a woman or women who are U.S. citizens and who also control and operate the business. (c) [ ] is, [ ] is not a minority business enterprise. "Minority business enterprise," as used in this provision, means a business which is at least 51 percent owned or controlled by one or more minority group members or, in the case of a publicly owned business, at least 51 percent of its voting stock is owned by one or more minority group members, and whose management and daily opera- tions are controlled by one or more such individuals. For the purpose of this definition, minority group members are: (Check the block applicable to you) [ ] Black Americans [ ] Asian Pacific Americans [ ] Hispanic Americans [ ] Asian Indian Americans [ ] Native Americans [ ] Hasidic Jewish Americans 8. Indian-Owned Economic Enterprise and Indian Organization Representation (applicable only if this solicitation is for a contract to be performed on a project for an Indian Housing Authority) The bidder represents and certifies that it: (a) [ ] is, [ ] is not an Indian-owned economic enterprise. "Economic enterprise," as used in this provision, means any com- mercial, industrial, or business activity established or organized for the purpose of profit, which is at least 51 percent Indian owned. "Indian," as used in this provision, means any person who is a member of any tribe, band, group, pueblo, or community which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs and any "Native" as defined in the Alaska Native Claims Settlement Act. (b) [ ] is, [ ] is not an Indian organization. "Indian organization," as used in this provision, means the governing body of any Indian tribe or entity established or recognized by such governing body. Indian "tribe" means any Indian tribe, band, group, pueblo, or Previous edition is obsolete Page 2 of 3 form HUD-5369-A (11/92) community including Native villages and Native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act, which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs. 9. Certification of Eligibility Under the Davis-Bacon Act (applicable to construction contracts exceeding $2,000) (al By the submission of this bid, the bidder certifies that neither it nor any person or firm who has an interest in the bidder's firm is a person or firm ineligible to be awarded contracts by the United States Government by virtue of section 3(al of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (b) No part of the contract resulting from this solicitation shall be subcontracted to any person or firm ineligible to be awarded contracts by the United States Government by virtue of section 3(al of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (c) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.S.C. '1001. '10. Certification of Nonsegregated Facilities (applicable to contracts exceeding $10,000) (al The bidder's attention is called to the clause entitled Equal Employment Opportunity of the General Conditions of the Con- tract for Construction. (b) "Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom, or otherwise. (c) By the submission of this bid, the bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The bidder agrees that a breach of this certification is a violation of the Equal Employment Opportunity clause in the contract. (d) The bidder further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) prior to entering into subcontracts which exceed $10,000 and are not exempt from the requirements of the Equal Employment Opportunity clause, it will: (1) Obtain identical certifications from the proposed subcon- tractors; (2) Retain the certifications in its files; and (3) Forward the following notice to the proposed subcontrac- tors (except if the proposed subcontractors have submitted identical certifications for specific time periods): Notice to Prospective Subcontractors of Requirement for Certifications of Nonsegregated Facilities A Certification of Nonsegregated Facilities must be submitted before the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Employment Opportunity clause of the prime contract. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). Note: The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001. 11. Clean Air and Water Certification (applicable to con- tracts exceeding $100,000) The bidder certifies that: (a) Any facility to be used in the performance of this contract [ ] is, [ ] is not listed on the Environmental Protection Agency List of Violating Facilities: (b) The bidder will immediately notify the PHA/IHA Contracting Officer, before award, of the receipt of any communication from the Administrator, or a designee, of the Environmental Protection Agency, indicating that any facility that the bidder proposes to use for the performance of the contract is under consideration to be listed on the EPA List of Violating Facilities; and, (c) The bidder will include a certification substantially the same as this certification, including this paragraph (c), in every nonexempt subcontract. 12. Previous Participation Certificate (applicable to construction and equipment contracts exceeding $50,000) (a) The bidder shall complete and submit with his/her bid the Form HUD-2530, "Previous Participation Certificate." If the successful bidder does not submit the certificate with his/her bid, he/she must submit it within three (3) working days of bid opening. Failure to submit the certificate by that date may render the bid nonresponsive. No contract award will be made without a properly executed certifi- cate. (b) A fully executed "Previous Participation Certificate" [ ] is, [ ] is not included with the bid. 13, Bidder's Signature The bidder hereby certifies that the information contained in these certifications and representations is accurate, complete, and current. (Signature and Date) (Typed or Printed Name) (Title) (Company Name) (Company Address) Previous edition is obsolete Page 3 of 3 form H U D-5359-A (11/92) U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB Approval No, 2577-0015 (exp.09/30/2005) Contract Provisions Required by Federal Law or Owner Contract with the U.S. Department of Housing and Urban Development form HUD-51915-A (9/98) Previous editions are obsolete ref. Handbooks 7417.1, 7450.1 & 7460.8 Contract Provisions Required by Federal Law or Owner Contract with the U.S. Department of Housing and Urban Development U. S. Department of Housing and Urban Development Office of Public and Indian Housing OMB Approval No. 2577-0015 (exp.3/31/2002) Public repoding burden for this collection of information is estimated to average 3 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collecton displays a valid OMB control number. These contracts between a HUD grantee (housing agency (HA)) and an architectJengineer (A/E) for design and construction services do not require either party to submit any materials to HUD. The forms provide a contractual agreement for the services to be provided by the A/E and establishes responsibilities of both parties pursuant to the contract. The regulatory authority is 24 CFR 85.36. These contractual agreements are required by Federal law or regulation pursuant to 24 CFR Part 85.36. Signing of the contracts is required to obtain or retain benefits. The contracts do not lend themselves to confidentiality. 1.0 Contract Provisions Required by Federal Law or Owner Contract with the U.S. Department of Housing and Urban Development (HUD). 1.1 Contract Adjustments. Notwithstanding any other term or condition of this Agreement, any settlement or equitable adjust- ment due to termination, suspension or delays by the Owner shall be negotiated based on the cost principles stated at 48 CFR Subpart 31.2 and conform to the Contract pricing provisions of 24 CFR 85.36 (f). 1.2 Additional Services. The Owner shall perform a cost or price analysis as required by 24 CFR 85.36 (F) prior to the issuance of a contract modification/amendment for Additional Services. Such Additional Services shall be within the general scope of services covered by this Agreement. The Design Profes- sional shall provide supporting cost information in sufficient detail to permit the Owner to perform the required cost or price analysis. 1.3 Restrictive Drawings and Specifications. In accordance with 24 CFR 85.36(c)(3)(i) and contract agreements between the Owner and HUD, the Design Professional shall not require the use of materials, products, or services that unduly restrict competition. 1.4 Design Certification. Where the Owner is required by federal regulations to provide HUD a Design Professional certi- fication regarding the design of the Projects (24 CFR 968.235), the Design Professional shall provide such a certification to the Owner. 1.5 Retention and Inspection of Records. Pursuant to 24 CFR 85.26(i)(10) and (11), access shall be given by the Design Profes- sional to the Owner, HUD, the Comptroller General of the United States, or any of their duly authorized representatives, to any books, documents, papers, and records of the Design Professional which are directly pertinent to that specific Contract for the purpose of making an audit, examination, excerpts, and transcrip- tions. All required records shall be retained for three years after the Owner or Design Professional and other subgrantees make final payments and all other pending matters are closed. 1.6 Copyrights and Rights in Data. HUD has no regulations pertaining to copyrights or rights in data as provided in 24 CFR 85.36. HUD requirements, Article 45 of the General Conditions to the Contract for Construction (form HUD-5370) requires that contractors pay all royalties and license fees. All drawings and specifications prepared by the Design Professional pursuant to this contract will identify any applicable patents to enable the general contractor to fulfil the requirements of the construction contract. 1.7 Conflicts of Interest. Based in part on federal regulations (24 CFR 85.36(b)) and Contract agreement between the Owner and HUD, no employee, officer, or agent of the Owner (HUD grantee) shall participate in selection, or in the award or admin- istration of a contract supported by Federal funds ifa conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (i) The employee, officer or agent, (ii) Any member of his or her immediate family, (iii) His or her partner, or (iv) An organization that employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The grantee's or subgrantee's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from Contractors, or parties to sub-agreements. Grantees and subgrantees may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permit- ted by State or local law or regulations, such standards or conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the grantee's and subgrantee's officers, employees, or agents or by Contractors or their agents. The awarding agency may in regulation provide additional prohi- bitions relative to real, apparent, or potential conflicts of interest. Neither the Owner nor any of its contractors or their subcontractors shall enter into any Contract, subcontract, or agreement, in connec- tion with any Project or any property included or planned to be included in any Project, in which any member, officer, or employee of the Owner, or any member of the governing body of the locality in which the Project is situated, or any member of the governing body of the locality in which the Owner was activated, or in any other public official of such locality or localities who exercises any responsibilities or functions with respect to the Project during his/her tenure or for one year thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee of the Owner, or any such governing body member or such other public official of such locality or localities involuntarily acquires or had acquired prior to the beginning of his/her tenure any such interest, and if such interest is immediately disclosed to the Owner and such disclosure is entered upon the minutes of the Owner, the Owner, with the prior approval of the Government, may waive the prohibition contained in this subsection: Provided, That any such present member, officer, or employee of the Owner shall not participate in any action by the Owner relating to such contract, subcontract, or arrangement. form HUD-51915-A (9/98) Previous editions are obsolete Page 1 of 3 ref. Handbooks 7417.1,7450.1 & 7460.8 No member, officer, or employee of the Owner, no member of the governing body of the locality in which the project is situated, no member of the governing body of the locality in which the Owner was activated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the project, during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in this contract or the proceeds thereof. 1.8 Disputes. In part because of HUD regulations (24 CFR 85.36(i)(1)), this Design Professional Agreement, unless it is a small purchase contract, has administrative, contractual, or legal remedies for instances where the Design Professional violates or breaches Agreement terms, and provide for such sanctions and penalties as may be appropriate. 1.9 Termination. In part because of HUD regulations (24 CFR 85.36(i)(2)), this Design Professional Agreement, unless it is for an amount of $10,000 or less, has requirements regarding termi- nation by the Owner when for cause or convenience. These include the manner by which the termination will be effected and basis for settlement. 1.10 Interest of Members of Congress. Because of Contract agreement between the Owner and HUD, no member of or delegate to the Congress of the United States of America or Resident Commissioner shall be admitted to any share or part of this Contract or to any benefit to arise from it. 1.11 Limitation of Payments to Influence Certain Federal Trans- action. The Limitation on Use of Appropriated Funds to Influ- ence Certain Federal Contracting and Financial Transactions Act, Section 1352 of Title 31 U.S.C., provides in part that no appropri- ated funds may be expended by recipient of a federal contract, grant, loan, or cooperative agreement to pay any person, includ- ing the Design Professional, for influencing or attempting to influence an officer or employee of Congress in connection with any of the following covered Federal actions: 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 modifi- cation of any federal contract, grant, loan, or cooperative agree- ment. 1.12 Employment, Training, and Contracting Opportunities for Low-Income Persons, Section 3 of the Housing and Urban Devel- opment Act of 1968. A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, par- ticularly persons who are recipients of HUD assistance for hous- ing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other im- pediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collec- tive bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employ- ment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcon- tract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. Reserved. H. Reserved. 1.13 Reserved. 1.14 Clean Air and Water. (Applicable to contracts in excess of $100,000). Because of 24 CFR 85.36(i)(12) and federal law, the Design Professional shall comply with applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. § 1857h-4 transferred to 42 USC § 7607, section 508 of the Clean Water Act (33 U.S.C. § 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15), on all contracts, subcontracts, and subgrants of amounts in excess of $100,000. form HtJD-51915-A (9/98) Previous editions are obsolete Page 2 of 3 ref. Handbooks 7417.1, 7450.1 & 7460.8 1.15 Energy Efficiency. Pursuant to Federal regulations (24 C.F.R 85.36(i)(13)) and Federal law, except when working on an Indian housing authority Project on an Indian reservation, the Design Professional shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163 codified at 42 U.S.C.A. § 6321 et. seq.). 1.16 Prevailing Wages. In accordance with Section 12 of the U.S. Housing Act of 1937 (42 U.S.C. 1437j) the Design Profes- sional shall pay not less than the wages prevailing in the locality, as determined by or adopted (subsequent to a determination under applicable State or local law) by the Secretary of HUD, to all architects, technical engineers, draftsmen, and technicians. 1.17 Non-applicability of Fair Housing Requirements in Indian Housing Authority Contracts. Pursuant to 24 CFR section 905.115(b) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-4), which prohibits discrimination on the basis of race, color or national origin in federally assisted programs, and the Fair Housing Act (42 U.S.C. 3601-3620), which prohibits discrimination based on race, color, religion, sex, national origin, handicap, or familial status in the sale or rental of housing do not apply to Indian Housing Authorities established by exercise of a Tribe's powers of self-government. 1.18 Prohibition Against Liens. The Design professional is Prohib- ited from placing a lien on the Owner's property. This prohibition shall be placed in all design professional subcontracts. Previous editions are obsolete Page 3 of 3 form HUD-51915-A (9/98) ref. Handbooks 7417.1,7450.1 & 7460.8 COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY (HRA) Meeting of: October 21, 2003 AGENDA SECTION: Items for Consideration ORIGINATING EXECUTIVE NO: 4 DEVELOPMENT: Community DIRECTOR Development APPROVAL ITEM: Adopt Resolution 2003-06, Exploring the BY: Robert Streetar BY: possibility of transferring the ownership of Parkview DATE: October 13, 2003 Villa North and South to the Anoka County Housing and Redevelopment Authority. BACKGROUND: The City Council, through its Economic Development Authority, has established ambitious goals for the Community Development Department. The goals include redeveloping up to ten different sites, improving the vitality of Central Avenue, maintaining and improving the housing stock, and economic development. These goals, in addition to the daily administrative tasks, results in a substantial workload. With these goals in mind, and very limited staff and financial resources, including a budget reduction of $31,000 or 6% in 2004, it is essential to pursue the important goals and eliminate the less important activities that take scarce resources away from pursuing the more important City priorities. Maintaining the ownership and management oversight of Parkview Villa North and South takes resources away from more important City priorities. Subsequently, it is prudent that the HRA consider divesting itself of this responsibility, and explore the possibility of transferring all ownership interests, and all the responsibilities of ownership to the Anoka County Housing and Redevelopment Authority (ACHRA). The ACHRA currently owns and manages housing and would provide as good if not better service to Parkview Villa residents. In addition to freeing up resources for the more important City priorities, there may also be the opportunity to significantly reduce the debt on Parkview Villa South through a sale to ACHRA, and as a result return tax dollars that were being used to pay the debt service on the bonds, to the City, School and County. RECOMMENDATION: Staffrecommends the Board Members Adopt Resolution 2003-06, authorizing staff to explore the possibility of transferring the ownership, and all the responsibilities of ownership, of Parkview Villa North and Parkview Villa South to the Anoka County Housing and Redevelopment Authority, and report back to the Board at the first meeting in January 2004. RECOMMENDED MOTION: Move to waive the reading of Resolution 2003-06, there being an ample amount of copies available to the public. RECOMMENDED MOTION: Move to Adopt Resolution 2003-06, a Resolution authorizing staffto explore the possibility of transferring the ownership, and all the responsibilities of ownership to the Anoka County Housing and Redevelopment Authority, and report back to the Board at the first meeting in January 2004. Attachments EDA ACTION: hSHRAconsent2003XExplore Transfer to Anoka Cty HRA RESOLUTION 2003-06 RESOLUTION OF THE COLUMBIA HEIGHTS HOUSING & REDEVELOPMENT AUTHORITY AUTHORIZING STAFF TO EXPLORE THE POSSIBILITY OF TRANSFERING THE OWNERSHIP AND ALL RESPONSIBILITIES OF OWNERSHIP OF PARKVIEW VILLA NORTH AND SOUTH TO THE ANOKA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY AND REPORT BACK TO THE COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY AT THE FIRST MEETING IN JANUARY 2004. WHEREAS, the Columbia Heights Housing and Redevelopment Authority currently possesses the ownership of, and is responsible for all of the responsibilities related to ownership for Parkview Villa North and South. WHEREAS, The City Council, through its Economic Development Authority, has established ambitious goals for the Community Development Department. The goals include redeveloping up to ten different sites, improving the vitality of Central Avenue, maintaining and improving the housing stock, and economic development. These goals, in addition to the daily administrative tasks, results in a substantial workload. WHEREAS, with a very limited staff and financial resources, including a budget reduction of $31,000 or 6% in 2004, it is essential to pursue the important goals and eliminate those activities that take scarce resources away from pursuing the more important City priorities. WHEREAS, Maintaining the ownership and management oversight of Parkview Villa North and South takes resources away from more important City priorities. Subsequently, it is prudent that the HRA consider divesting itself of this responsibility, and explore the possibility oftransfernng all ownership interests, and all the responsibilities of ownership to the Anoka County Housing and Redevelopment Authority (ACURA). NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Housing & Redevelopment Authority authorize staff to explore the possibility of transferring the ownership, and all of the responsibilities of ownership of Parkview Villa North and South to the Anoka County Housing and Redevelopment Authority, and report back to the Board at the first meeting in January 2004. ADOPTED THIS day of ,2003. MOTION BY: SECONDED BY: AYE S: NAYS: Attest by: Tammera Ericson, Chair Walter R. Fehst, Executive Director COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY (HRA) Meeting of October 21, 2003 AGENDA SECTION: Items for Consideration ORIGINATING EXECUTIVE NO: 5 DEPARTMENT: HRA DIRECTOR APPROVAL ITEM: Snowplowing Service for 2003/2004 BY: Karen Fantle BY: DATE: October 14, 2003 BACKGROUND: Last year the snow plowing for Parkview Villa and 4607 Tyler was provided by MGS Professional Building Maintenance Services, Inc. Once again this year staff requested bids for snow removal and three bids were obtained. Parkview staff maintains sidewalks at both projects and clears around parked cars. MGS bid $65.00/occurance for 1-4 inches, $75.00 for 4-8 inches, $85.00 for 8-12 inches and $100.00 for anything over 12 inches for Parkview Villa. In addition salt/sanding would be $16.00 for each 50 lb. bag used. There is no additional charge for the actual distribution of the salt/sand. Reliakor Services (formerly Clean Sweep) bid $84.50/hour for 1.5-3 inches of snow and $92.95/hour for anything over 3 inches for Parkview Villa. In addition sanding would be $119.15 per application. Outdoor Environments, Inc. bid $3,562.50 for the whole season of snow plowing upon at 1.5 inches of snowfall. For an additional $1,425.00 for the plowing season they will also sand & salt within 8 hours of plowing for a total of $4,987.50 for the plowing season (Nov. 1 - March 31). RECOMMENDATION: Staff recommends approval of a contract for snow removal with MGS Professional Building Maintenance Services, Inc. based on their bid. RECOMMENDED MOTION: Move to approve the contract for snow removal service to cover the year 2003-2004, to MGS Professional Building Maintenance Services, Inc.; and furthermore, to authorize the Chair and Executive Director to enter into an agreement for the same. HRA ACTION: H:\Parkview Villa2003\Snow plowing 2003-04 PROFESSIONAL BUILDING MAINTENANCE SERVICES INC. P.O. Box 21393 Minneapolis, Minnesota 55421 Telephone (763) 789-3726 August 8, · 2003 Fax (763) 788-2843 Mr. ~ill[am~ones PARKVIEWV~.r~ 965 40~ ~venue NE Columbia Heights, Mn 55421 Dear Willi~: Per your request, MGS is pleased to submit this 200~/2004 proposal of Snow Removal Services expressly for P;uW/KVIEWVILL~ - ~5 4Qu: AVENUE NORTH EAST - COLUMBIA HEIGHTBo MINNESOTA. MGS Proposes: PLOWIN~ OF PARKIN~ LOT: 965 40~ AVE. N~ MGS will thoroughly plow" center aisleway" and ~ turnharound" areas of the parking lot. All snow will be pushed to the Southeast corner of the lot, and accumulated on grass areas. Additionally, MGS will plow out one (1) parking stall labeled as ~ Emergency Parking # P~TES FOR ~ERVICE~ MEASUREMENT OF SNOW i - 4 Inches 4 - 8 Inches 8 - 12 Inches 12 + Inches $65.00 Per Occurrence. $75.00 Per Occurrence. $85.00 Per Occurrence. $100.00 Per Occurrence. "If we can't do ir, it can't be done" PARKVIEW VILLA Ausust 8, 2003 Page 2 ~OWX~e O~ ~AP. KX~e LOT: 4~07 Tvle~ St. N3 Thoroughly plow entire parking lot. Special care will be utilized as not to damage fencing. .M~AS~REMENT OF SNON I - 4 Inches 4 - 8 Inches 8 - 12 Inches 12 + Inches $40.00 Per Occurrence. $50.00 Per Occurrence. $55.00 Per Occurrence. $60.00 Per Occurrence. SALTINe I 8ANDINe Immediately upon completion of shoveling and plowing, MGS will thoroughly distribute a calcium/chloride ice-melt to all sidewalks. Per each 50lb. bag the cost is $16.00 ( No additional cost for the actual distributing of ice-melt.) Additionally parking lot/aisleways will receive a 80/20 mix of sand/salt evenly distributed. Sand/salt mixture is $50.00 per ton. Ar.t WORK WILL BE COMPLETED BY 7:00 AM DEPENDING UPON ACTUAL START/STOP TIMES OF SNOW FALL. 1. 763-350-1708 2. 952-980-8312 3. 763-789-3726 24 RO~ DIGITAL PAG~ N~MB~ Snow Removal Manger / Cell Phone 24 Hour Switch Board MGS Office (Monday - Friday 8:00 A.M. - 4:30 P.M.) Mr. W'dliam Ions PARKVIEW VILLA August 8, 2003 Pal~e 3 EOUXPNENT , 4 X 4 plow truck w/7.5' blade Tandem Dump Truck Bob Cat 80/20 salt/sand mixture (bulk) 55 gal. drums - salt/and mixture 80/20 ! 55 gal. drums - REFILLS ONLY I~ATE $50.00 per hour $50.00 per hour $60.00 per hour $50.00 per ton $120.00 per dru~ $45.00 per refill William, MGS realizes the importance of maintaining sidewalks/lots throughout the Winter. We are fully prepared to take full responsibility for monitoring of this project. REST ASSURED, ~TT.~. YOU S?.~.EP, WE WORK. State and Local sales tax is NOT included in proposal prices. NGS will furnish all tools, equipment and supplies necessary to perform all services stated above. NGS will take full responsibility for the supervision of all services performed. MG$ will maintain in effect adequate Workmen~s Compensation Insurance, Public Liability Insurance and Property Damage Insurance. [Certificate of I~surance upon Request] Williu, please review our proposal at your convenience. If you need further information or additional price quotes, please do not hesitate to call me. COLUMBIA HEIGHTS HOUSING & REDEVELOPMENT AUTHORITY Tammera Ericson, Chair Walter R. Fe~h's"t, Executive" Di"Fector Reliakor services National Pavement & Property Specialists (FORMERLY CLEAN SWEEP) 10: lOAM 8600 HANSEN AVE. SHAKOPEE, MN 55379 PHONE: (952) 403-1440 FAX: (952) 403-1441 ACCOUNT 07589 QUANTITY PROPOSAL TO: 1.1( PARKVIEW VILLA APARTMENTS 965 40TH AVE N.E. COLUMBIA HEIGHTS~ Page I of PURCHASE ORDER NUMBER 07589-501 MANAGER DESCRIPTION 51-4B "OFFER: This Proposal is subject to the terms and conditions printed on the rever side and attachments, if any. This 'Proposal" is valid for a pedod of 30 days from t proposal date shown below, unless another period is indicated and this Proposal h been signed by an authorized representative for Reliakor Services, Inc. ('Relial< UNIT PRICE PARKVIEN VILLA APARTMENTS 9&5 40TH AVE N.E. COLUMBIA HEIGHTS, MN MANAGER 7&5-706-5800 1880 4 55421 FAX:782-0857 ENDS APRIL 15 ** ** PROPOSAL FOR SNOW PLOWING ~ SNONPLO~ SEASON BESINS NOV PROPOSAL ON AN HOURLY RATE BASED ON 1.5" TO 5" SNOWFALL 4X4 5/4 TON WITH 8' PLOW 5-410 SNOW DEPTH IS MEASURED AT JOB SITE ~ ** OPERATOR INSTRUCTIONS SNOW DEPTH IS MEASURED AT 1) THIS IS A SENIOR-HOUSI~,~ O~~NG SO THERE ARE ALWAYS CARS IN LOT -~T~4~'~xCLEAN WHERE THE CARS ARE IN THE NA~Y~[]~HE~ELVES 2) SEE MAP SEE ENCLOSUR MI C~AEL OLMST~ DATE I NUMBER EXT. AMOUNT 84.50 92.95 Be Sure To Read 'Terms & Conditions of This Proposal' on reverse side. "ACCEPTANCE: This Proposal, including the terms and conditions printed on the reverse side and attachments, if any, is hereby accepted. (I) (We) authorize the pedormance of the work indicated above and agree that the terms and conditions of the Proposal now constitute a binding contract. The terms and conditions of any purchase order or other confirming documentation which ~ve may issue, shaft not modify the terms of this contract (the 'Contract')." 31GNED/TITLE DATE THE PROFESSIONALS CHOICE SINCE 1959 · SWEEPING · · SALT/SAND · · STRIPING · · SAFETY SAND BARRELS · · SNOW REMOVAL · · ICE MELT MATERIALS · · ROLL-OFF SERVICES · ORIGINAL PROPOSAL Reliakor services National Pavement & Property Specialists (FORMERLY CLEAN SWEEP) Pr~-tLffJ~KSR/~~~ 10: lOAM 8600 HANSEN AVE. SHAKOPEE, MN 55379 PHONE: (952) 403-1440 FAX: (952) 403-1441 ACCOUNT PROPOSAL TO: 1. O( PARKVIEW 9&5 40TH COLUMBIA VILLA APARTMENTS AVE N.E. HEIGHTS~ MN 55421 Page 1 of 'OFFER: This Proposal is subject to the terms and conditions printed on the rever: side and attachments, if any. This "Proposal" is valid for a pedod of 30 days from ti proposal date shown below, unless another period is indicated and this Proposal h~ been signed by an authorized representative for Reliakor Services, Inc. ('Reliak Services').' Fax: 763--782--O857~,..ka'Sen~.mc..Autho,zedSi~nature PURCHASE ORDER NUMBER MANAGER DESCRIPTION 07589-501S 13 51-4B 1880 4 PARKVIEW VILLA APARTMENTS 9&5 40TH AVE N.E. COLUMBIA HEIGHTS, MN MANAGER 765-706-5800 ** PROPOSAL FOR SALT/SANDIN8 ** BASED ON SQ YDS SANDED "REGULAR ROUTE SANDING" SANDING AS PER BID ,,~: ~- ,; : ~,COMPcODE 76~-706-~800 5542! FAX:782-0857 SEE 5-100: UNIT PRICE 119.15 ENCLOSURE LETTER ~ ~OPOSAL~, ~ I: QB DA~ / NUMB~ 08/16/0~ 501S EXT. AMOUNT 119.15 Be Sure To Read 'Terms & Conditions of This Proposal" on reverse side. 'ACCEPTANCE: This Proposal, including the terms and conditions printed 3n the reverse side and attachments, if any, is hereby accepted. (I) {We) authorize the performance of the work indicated above and agree that the terms ~nd conditions of the Proposal now constitute a binding contract, The terms and conditions of any purchase order or other confirming documentation which Ye may issue, shaft not modify the terms of this contract (the 'ContractJ." ~IG NED~q'ITLE DATE THE PROFESSIONALS CHOICE SINCE 1959 · SWEEPING · * SALT/SAND · · STRIPING · · SAFETY SAND BARRELS · · SNOW REMOVAL · · ICE MELT MATERIALS · · ROLL-OFF SERVICES · ORIGINAL PROPOSAL , Reliakor services National Pavement & Property Specialists (FORMERLY CLEAN SWEEP) Pr' Ji~tL~,,~KG~ ~,~b5 1 O: 1 CAM 8600 HANSEN AVE. SHAKOPEE, MN 55379 PHONE: (952) 403-1440 FAX: (952) 403-1441 ACCOUNT 075B9 QUANTITY PROPOSAL TO: PARKVIEW 9&5 40TH COLUMBIA VILLA APARTMENTS AVE N.E. HEIGHTS, MN 55421 Page 1 o*f 1 PURCHASE ORDER NUMBER 1.1( "OFFER: This Proposal is subject to the terms and conditions printed on the raver side and attachments, if any. This "Proposal" is valid for a period of 30 days from t~ proposal date shown below, unless another period is indic·ted and this Proposal h. been signed by an authorized representative for Reliakor Services, Inc. ('Reliak Services3." Fa x: 7&5-782-0857Rellakor Sewlce~, Inc., Authorized Signature · I i~MP- DE I' PROPO,~.L i 'JOB I uu L'U [ DATE 1; NUMBER MANAGER 765-706-5800 I 08/16/0~ 502 ~ EXT. AMOUNT DESCRIPTION 07589-502 15 51-4B 0 FOUR-PLEX APARTMENT BUILDING 4607 TYLER ST N.E. COLUMBIA HEIGHTS, MN 55421 MANAGER 765-706-5800 FAX:782-0857 Z* PROPOSAL FOR SNOW PLOWING *g ~g SNOWPLOW SEASON BEGINS NOV 1, ENDS APRIL 15 PROPOSAL ON AN HOURLY RATE BASED ON 1.5" TO 5" SNOWFALL 4X4 5/4 TON WITH 8' PLOW 5-4101 SNOW DEPTH IS MEASURED AT JOB SITE ~ 1) PLOW THE OFF-ALLEY PARKING (4 SPACES) SEE ENCLOSURE LETTER 84.50 92.95 Be Sure To Read "Terms & Conditions of This Proposal" on reverse side. 'ACCEPTANCE: This Proposal, including the terms and conditions printed 3n the reverse side and attachments, if any, is hereby accepted. (I) (We) ~uthorize the performance of the work indicated above and agree that the terms ~nd conditions of the Proposal now constitute a binding contraCt. The terms and conditions of any purchase order or other confirming documentation which ~ve may issue, shall not modify the terms of this contract {the 'Contract')." 3IGNED/'TITLE DATE THE PROFESSIONALS CHOICE SINCE 195g · SWEEPING · · SALT/SAND · · STRIPING · · SAFETY SAND BARRELS · · SNOW REMOVAL · · ICE MELT MATERIALS · · ROLL-OFF SERVICES * ORIGINAL PROPOSAL FRt]lq : FFIX b~D. : ~qu9. 12 2(?)(]30E):5(~)i::m(q P1 -OUTDOOR ENVIRONMENTS, INO. Fax: g52-882-1500 Fax ~] Uraen4 C) For Review ~ Pie&ia ~ rl Please Reply ~l Plmme Recycle *Comme~s: FRDM : FAX NO. : Aug. 12 2~ 08:51AM P2 Managed Crest View Management Services 965 NE 10~h Ave. Columbia Heights, MN 55421 ............... 003SN W-- 6 -A£:-i k6P0s g Service Location: .- Proposal ID~ Parkv~ew ~a - 8935 9~6 ~!0th A~. Propel Date; Columbia Heights, MN 5~21 10/10/2~3 Contract 'l'ola]: $?~275.~N) Per Time Totnl: $383,10 or with-.~mnsonal billing make 5 monthly payments or': $I,455.78 ~.. .:'.. ~.. ' ..... : .- ,,. . . ...... . ....... ,~=~:3~3130~/~13t. Per]'i~13eA~31t. : .~.?~:~~Nm~t~t~:~f:~?a~a;~:~6~;~w`?~)~:~j~.~.~.f~:.:::~::::.:~:~ :;:':::'. ':.::.::::..~.' .: ;:,.: .:'::~.:~;..?'~':~':?,;::?'.~::':~,~:~?'.?~:.:::.:':.'".:~; ....~ .. ...e~:~,~]~;:....:' ~.. .... . . ..~._..: :,:..:.:::.:::..,: ':: :~',: ':?...:::: ..,~ :.': :,. :.....: :..::.:., :;; '4:...:..' ....:..... ·: ... · ..... . ..... ..; ........... . ,; .~.,...~ ... -~ .......... '::~... ........... ': 17 "":"r~":': .......... ~' :',: ....... :.¥.':.~.?;c~:~-;'~ ::.:.¥_.~::.~,~..:.......¥ ..~,...~::,.;..:;.,..~.'~.;:.. :~:.::. :~,.. ;::. :. ',c.':,:~i:~.~:7~'~:.:'.:'::.::'~:~',l~" ::. '~:'.: :....:: .":::h :.::~.::~;:::: :: :::<::::::: 4'-.:.:-:; :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::.::~:::v..',':.::....:<:., .':.::.::,:- :: ':..,-...::,.:....: ,......:..:.,~:::/.,...: .:..::.::::' ..: ',, .' ':: "' . .' . : ::'~~:~and and ~all mixtdre ~t~in 8 hour~ of ~m~eled p~w ng operatio~ o~ oari;n~"l~s upon 1 · .?~:::..-:.:.::. ::.:::.::.:: :::: .. . . .... . .. . , . ·. t NMENTS, INC ~~,. ~.,.~*.....~..~.,,... ~ Fax: (~52) 882-15(X) Prlnmd; 10/1(Y2003 Page 1 of 3 FAX NO, : Rug. 12 L::~03 08;5;2¢~ P5 ~lU~0 in t~s propel, ~ll ~ hv~ a~ p~d ~ ~ ~ p~c~er al t~ li~ d ~e on a time a~ ~le~l ~s ~[ a~m No.1 Terms; Net t0 ~ f~ r~eipl OI ~. ~HIS IS A NOTICE ONLY b~ I~ NOT CONb~ ~E FII lNG OF k (a) A~ PE~N OR COMPANY S~PLYING LABOR OR MATE~ FOR TH~ ~ROVEMENT ~~~-~Y ~LEkL~AGA~T Y~~PER'~T~T PE~ON OR COMP~ NOT~A~ FOR T~-CO~T~UTIO~. ~) ~~N~OTA LAW, YOU HAVE ]~E ~G~ ~ PAY PE~N$ WHO supPL~ lAiR OR MA~ FOR ~I~ IMPRO~M~ DI~LY AND DEDUC~ ~ AMOUNT ~ O~R C~~~ O~~O~ ~E AMOUN~ DUE T~ .FROM US UNTIL 1~ DAYS AFTER COMP~ON OR THE ~PROV~ENT UNL~ ~ G~ YOU A L~N WAIVER SIG~ BY 9~O~~~LA~'~ ~IA L FOR ~ ~ROVEM~T.AND WIIO 'YOU ~MELY Fp~er t~ to ~e ti~y ~y~nl o1 ~y a~ums ~uir~ ~. OEI may, at it's ~, sus~ ali ~S ~ su~ t~e as am r~N~ ~ OEI. Crest View Management Services By: By: ITS ITS: Date: Dale: Billing Preferance:(Please initial yo4Jr choice} __ Ti'ma arl41' Mate~ial __ Per Time Ou. tck:~:~ Env~onments; Inc, Paul Hennum Account Manager Title are O~tly for up to 40" of snow fall, after 80" time and material will be in effecl. r0tPrOlX)Sal I~'intod: 10/10F~003 Page 2 o1' 3 FRX 1'40. : Au9. 1,2 2~3 08:521qM Rd, LANDSCAPE CONSTRUCTtOL~ -'~rew w---:',h E~Pm~'n-~'Per Man Rate) tttumirra~rr Tu~,hwiicians ' ~~PE ~NAG~EN~ A. Truck and Tud e~mem with ~isor .................. C. S~Jal~ T~hni~an ( ~em~al, Pond. D. A~C~ L~mr w~ a~ve-ref~m~ E. Arborist with ChlpTruck (Per Man Rate) F. Gardener's MATERIAL~~ De-Ice (Per Pound) Sanct witlT2Opercenrsalr (P~r Ton) SNOW REMOVAL Bobcat with Operator Grader with OPerator Loader with Operator Pi*ow Truck 1Ton with Operator Plow Truck 3/4 Ton with Operator ,~anoTng Truck with Operator (Rate plus MateriaJs) Snowblower and/or Shoveler __Tan~lem Dump Truc. k with Operator Min~'tum Billing is one hour, Per Uni! Pm'Hour Per Unit Per HOur Per Unil ~8.00 Per Hour P_erUr~ $105.O0 ~,95.00 $65.00 S55,00 S,lO.00 $6g.50 Effective: 3/20/2003  I:~One: ~) 49b- I . GN~J~NTS, INC Fox: (952) 882-1500 rptPr ~o~o__~M ptlrll~:l: 10/10/2003 Page 3 O! 3 FROM ~ FAX ~0o ~ Rug. ~2 2003 t~B:53RM P5 Managed By: Service Location: Proposal ID: Mr: Bi~G~utt P-arkv[ew Vi]ia - 8935 9646 Crest View Management Services 965 NE_10b~LA.t/~ Proposal Date: 965 NE 10th Ave. C.~umbJa Heights. MN 55421 10/10/2003 Columbia Heights, MN 55421 Contract To~: $d,987~0 Per T~e To~I: $~2.50 or wit~ ~a~nal billing make 5 mon~ly paymen~ of: $997~0 · ~:,.. ~.. ,~ .', ... . ~A N~IC~"ONI.,Y ~D ~E$ NOT CON~FIT~ THE FIL~G 0F A LIEN: YOUR PROPER~ MAY FI~ A L~N AGA~ YOUR PROPERTY ~ ~AT ~;~ON OR CO~{PANY NOT PA~ ~R~E (b) [~~~T& ~W, ~ ~vE T~ ~T TO PAY PE~$ ~O SOiLeD LABOR OR CON~A~ P~CF~ WI~I.~ ~AMOU~ ~g T~M F~ USUN~ 1~ DAYS A~ C~~~']~~~OU A L~N W~ER SIGNED BY P~ONS WHO ~A~ ~OR OR MA~ ~R ~ IMPROVEM~ AND ~O YOU ~MELY NO~. Crest-View Manegement Services Outdoor- Em/~onmems,. I~: Nm'ne PeU/Hennum ITS ITS: Acc.,ou~ Manao, e~ Ti'de Date: Billing Prefera~.e:(P~_-e_-e Initial ¥o~ efmice) ~ _ ~ and Ma~erle! ~ Per Time charges are only lot' up to 60" of snow fill, afire 60' time anti material will be In effeeL $, tNC Printed: 10/10/2003 Page 1 o~ 2 COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY (HRA) Meeting off October 21, 2003 AGENDA SECTION: Items for Consideration ORIGINATING DEPARTMENT EXECUTIVE NO: 6 Community Development DIRECTOR APPROVAL ITEM: Rent adjustments for Parkview Villa BY: Robert Streetar BY: South DATE: October 13, 2003 BACKGROUND: As Board Members will recall, the rents collected from the residents at Parkview Villa South are not adequate to cover all operating expenses and capital expenses, and this is projected to be the case both now and in the future. At the April 8, 2003 HRA meeting, the Crestview Corporation submitted a proposal for rent adjustments. Upon review of the proposal, Board Members tabled the action for further discussion. Please find attached the Crestview rent adjustment proposal. As a result, of a tentative contract for management services with Walker Elder Care, Inc. for the management of Parkview Villa North and South, staff recommends that once the HRA Board approves the new contact, assuming it will be Walker Elder Care, Inc., that the HRA direct the new management company to review the Parkview Villa South budget and recommend rent adjustments by April 2004. In addition, there has been discussion by the Board regarding the possible use of approximately $700,000 of unspent bond proceeds, specifically, for what types of activities these proceeds may be spent. Please find attached a letter for attorney Steve Bubul, of the law firm of Kennedy and Graven. Mr. Bubul reviewed the bond transcript and related documentation, and he states the $700,000 may only be spent to reduce the bonded debt. In effect, these proceeds may not be used to reduce rents, nor may they be used for capital improvements. RECOMMENDATION: Staffrecommends that once the HRA Board approves the new contact, assuming it will be Walker Elder Care, Inc., that the HRA direct the new management company to review the Parkview Villa South budget and recommend rent adjustments by April 2004. Attachment EDA ACTION: h:\consent Form2003XRent Adjustments for PVV South COLUMBIA HEIGHTS HOUSING & REDEVELOPMENT (HRA) AGENDA SECTION: Items for Consideration NO: 2 ITEM: Parkview Villa South Rent Recommendations ORIGINATING DEPARTMENT: Development Community BY: Robert Streetar DATE: April 8, 2003 EXECUTIVE DIRECTOR APPROVAL 15,2003 BY: BACKGROUND: When Parkview Villa South was built, the rents were set at an amount that would not exceed 30% of the resident's gross annual income. Subsequently, this could eventually result in expenditures exceeding revenues. For year 2003, the expected revenue is $220,000; the expected expenditures are $206,000. If expenses were to increase at a rate of 3% a year for the next three years, and revenues remain unchanged, expenditures would exceed revenues by approximately $5,000. The HRA has requested a recommendation for a rent structure whereas rental income would continue to cover the cost of operating the building well into the future. City staff requested the Crest View Corporation, the management company, provide rent comparisons for similar buildings in this market area and recommend an appropriate rent structure. The Crest View Corporation has determined, from their review of comparable buildings to Parkview Villa South, that rents for a 1-bedroom ought to be $463, and a 2-bedroom $636. Crest View reviewed "The Willows" and the "Savannah Oaks" both owned and operated by the Anoka County Housing and Redevelopment Authority (HRA). The following are the monthly rents charged by the HRA and depend of the size of the unit. Willows Savannah Parkview Villa South One Bedroom $541 to $715 $614 to $757 $250-$425 Two Bedroom $758 to $887 $887 $325-$500 Crest View recommends that these new rents be phased-in over the next two and one half years. Beginning January 1, 2004 rents for all one and two bedrooms would increase to $425 and $500 respectively. This is the maximum allowed under the current rent structure. Then beginning January 1, 2005 rents would increase to $450, and $525. Then beginning January 1, 2006 rents would increase to $463, and $636 plus inflation respectively. Then for each year after, rents would be adjusted in relation to operating expenses. New Recommended Rent Structure Date of Implementation 1 Bedroom January 1, 2004 $425 January 1, 2005 $450 January 1, 2006 $463 + inflation 2 Bedroom $500 $525 $636 +inflation Crest View Chief Executive Officer, Shirley Barnes will be available at the meeting to answer Board Member questions. RECOMMENDATION: Staff recommends implementing the new rent structure as recommended by Crest View above. RECOMMENDED MOTION: Move to approve the new rent structure as recommended by the Crest View Corporation. Attachments HRA ACTION: H :\HRAconsent Form2003LPVVS Rent Recommendations H A RTERED 470 Pillsbury Center 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone (612) 337-9310 fax http://www, kennedy-graven.com STEPHEN J. BUBUL Attorney at ka;v Direct Dial (612) 337-9228 Email: sbubul(~kennedy-~aven.com October 14, 2003 Robert Streetar City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421-3835 RE: Use of TiF Bond Proceeds Dear Bob: You asked me to describe the limitations on use of unspent proceeds of tax increment bonds that were issued bY the City to finance construction of the Parkview Villa South housing facility owned by the Housing and Redevelopment Authority in and for the City of Columbia Heights ("HRA"). Background The bonds in question are the City's $2,399,720.75 General Obligation Tax Increment Capital Appreciation Bonds of 1990, Series A, dated August 23, 1990 (the "TIF Bonds"). The TIF Bonds were issued to refund a series of bonds issued by the HRA, the $2,400,000 Tax Increment Revenue Bonds, Series 1990, dated March 27, 1990 (the "Revenue Bonds"). Proceeds of the TIF Bonds were used to redeem the outstanding Revenue Bonds, and proceeds of the Revenue Bonds, which had been held in an escrow account since issuance, were transferred to a project account established for the TIF Bonds. The T~ Bonds are secured by a pledge of tax increment from Tax Increment Financing District Nos. A3 and C7. These districts are so-called "pre-1979 districts," as they are part of the original Central Business District Revitalization Project and were filed for certification prior to August 1, 1979. Amounts in the project accotmt were used to finance construction of the Parkview Villa South facility. However, I understand that after review of records for this project, City staff have recently concluded that approximately $700,000 in fimds remain in the project account. These funds represent unspent proceeds of the TIF Bonds, together with interest accrued since issuance of the TIF Bonds. SJB-238636v2 CL205-3 Robert Streetar October 14, 2003 Page 2 Brief Answer Remaining proceeds of the TIF Bonds may be used only to pay debt service on the TIF Bonds themselves, or bonds issued to refund the TIF Bonds. Because of limitations on the use of tax increments fi.om pre-1979 districts, the unspent funds may not be used for other redevelopment or housing activities. Analysis Minnesota Statutes, Sections 469.174 to 469.179 (the "TIF Act") imposes significant limits on the use of tax increments from so-called pre-1979 tax increment districts. Section 176, subd. lc (a) of the TIF Act provides as follows (explanatory comments are in italics): No increment collected from Ia pre-1979 district] may be expended after April 1, 2001, except to repay: (1) bonds issued before April 1, 1990; (2) bonds issued to refund the principal of the outstanding bonds and pay associated issuance costs; (3) administrative expenses of the district required to be paid under section 469, subdivision 4h, paragraph (a) [administrative costs imposed by the county]; (4) transfers of increment permitted under section 469.1763, subdivision 6 [pooling of increment to remedy shortfalls in other districts created by 2001 tax reform]; and (5) any advance or payment made by the municipality or the authority after June 1, 2002 to pay any bonds listed in clause (1) or (2) [permits use of increments to repay amounts from other sources used to pay qualified bonds] Further, Section 469.178, subdivision 1 of the TIF Act provides that proceeds of the TIF Bonds must be used for the purposes permitted under the TIF Act "as if the proceeds were tax increment." Because the proceeds of the TIF Bonds are treated as tax increment derived from a pre-1979 district, those funds are subject to the same restrictions as the actual tax increment collected from the property in the districts. Therefore, since April 1, 2001, the only permissible uses of proceeds from the TIF Bonds are those listed in the five clauses above. In addition, in each year the authority must first use all available increment to pay outstanding bonds (clauses 1 and 2) and county administrative expenses (clause 3), before applying increments for deficit pooling (clause 4) or repayment of advances for prior bond payments (clause 5). See Section 469.176, subd. 1 c(b). The net result is that the project fund balance fi'om the TIF Bonds must be used first to pay debt service on the TIF Bonds themselves (or bonds issued to refund those bonds) and county administrative costs. While excess funds, if any, could theoretically be used for deficit pooling (clause 4), such use would require additional analysis to determine whether the pooled uses are permissible under federal law. For now, I would assume that all unspent proceeds may be used only SJB-238636v2 CL205-3 Robert Streetar October 14, 2003 Page 3 to pay debt service on the TIF Bonds and county costs (subject to the additional limitations under federal law described below). The only caveat to this conclusion is the possibility that interest earnings on the original bond proceeds might be excluded from the term "increment." The legislature first defined that term in 1997, and included in the definition "interest or other investment earnings on or from tax increments." Section 469.174, subdivision 24, clause (4). That clause in the definition was effective for districts for which the request for certification was filed after July 1, 1979. The implication is that interest earnings from tax increments derived from a pre-1979 district are not considered to be tax increments, and therefore are not subject to the limitations described above. However, to the extent original proceeds and interest earnings have been commingled since the bonds were issued in 1990, the City's ability to isolate the interest earnings retroactively is uncertain. The Office of the State Auditor does not believe that such re-characterization is appropriate, and the City could receive an unfavorable audit. In my view the most prudent course of action is to assume the project fund balance is tax increment. Subject to the additional comments below, I recommend that the City apply those funds to pay debt service on the TW Bonds, and redeem or defease the TW Bonds at the first opportunity. As a final comment, federal law imposes certain restrictions on the investment of proceeds from tax-exempt bonds. Those restrictions are beyond the scope of this letter, but the City will need to investigate how funds have been invested, and determine whether a portion of the interest earnings need to be paid to the federal government. The City's financial advisor and I will work with your staff regarding this matter. I hope this letter answers your questions. If staff, Council members or HRA commissioners have further questions on this matter, please let me know. yours, SJB/dmr CC: Walt Fehst Bill Elrite Mark Ruff, Ehlers & Associates SJB-238636v2 CL205-3 COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY (HRA) Meeting of: October 21, 2003 AGENDA SECTION: Items for Consideration ORIGINATING EXECUTIVE NO: 7 DEPARTMENT: HRA DIRECTOR APPROVAL ITEM: Adopt Resolution 2003-07, A Resolution BY: Anita Kottsick BY: Approving the Operating Fund Calculation DATE: October 20, 2003 of Operating Subsidy Documents for 2004 BACKGROUND: A Board Resolution is required on an annual basis for approval of the Operating Fund; Calculation of Performance Funding System. Attached is HRA Resolution 2003-07, along with the related forms to be submitted to HUD for compliance purposes. RECOMMENDATION: Staff recommends Adoption of Resolution 2003-07, a Resolution approving the Calculation of Operating Fund Calculation of Operating Subsidy for 2004. RECOMMENDED MOTION: Move to waive the reading of Resolution 2003-07, there being an ample amount of copies available to the public. RECOMMENDED MOTION: Move to Approve Resolution 2003-07, being a Resolution of the Columbia Heights Housing & Redevelopment Authority confirming approval of the Operating Fund Calculation of Operating Subsidy for 2004; and furthermore, to direct the Executive Director to forward same to the U.S. Department of Housing and Urban Development. HP.A ACTION: h:\Parkview Villa /Res.2003-07,HUD Forms HRA RESOLUTION 2003-07 RESOLUTION OF THE COLUMBIA HEIGHTS HOUSING & REDEVELOPMENT AUTHORITY CONFIRMING APPROVAL OF THE OPERATING FUND CALCULATION OF OPERATING SUBSIDY AND RELATED DOCUMENTS FOR 2004. WHEREAS, The Department of the Housing and Urban Development requires that Public Housing Agencies submit the Operating Fund Calculation of Operating Subsidy for 2004 and related documents; and WHEREAS, such Certification also requires the formal approval of the Board of Commissioners; NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Housing & Redevelopment Authority that the attached Operating Fund Calculation of Operating Subsidy for 2004 and the necessary attachments are hereby approved. ADOPTED THIS day of ,2003. MOTION BY: SECONDED BY: AYES: NAY S: Attest by: Tammera Ericson, Chair Walter R. Fehst, Executive Director Operating Fund Calculation of Operating Subsidy PHA-Owned Rental Housing U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB Approval No. 2577-0029 (exp. 10/31/2004) Section 1 a) Name and Address of Public Housing Agency Columbia Heights HRA 590 40t~ Ave. NE Columbia Heights, MN 55421 -~b) Budget Submission to HUD required [] Yes [] No [] Original [] Revision No. d) No. of HA Units e) Unit Months f) Subject FYE g) ACC Available (UMAs) 100 1,200 12/31/04 C4007 Number Section 2 Ih) Operating Fund Project Number i) DUNS Number No. Description (PUM) (PUM) Part A. Allowable Expenses and Additions 01 Previous allowa'ble expense level (Part A, Line 08 of form HUD-52723 for previous 253.75 year) 02 Part A, Line 01 multiplied by .005 1.27 03 Delta from form HUD-52720-B, if applicable (see instructions) -0.00 instructions) 05 Add-ons to allowable expense level from previous fiscal year (see instructions) -0.00 06 Total of Part A, Lines 01, 02, 03 and 05 255.02 07 Inflation factor 1.023 08 Revised allowable expense level (AEL) (Part A, Line 06 times Line 07) 260.89 09 Transition Funding -0.00 10 Increase to AEL -0.00 11 Allowable utilities expense level from form HUD-52722-A 62.07 12 Actual PUM cost of Independent Audit (IA) (Through FYE ) -0.00 13 Costs attributable to deprogrammed units -0.00 14 Total Allowable Expenses and Additions (Sum of Part A, Lines 08 thru 13) 322.96 Part B. Dwellin~l Rental Income 01 Total rent'roll (as of 8/31/2003) $ 23,2001 . . : ~.:......~,~'.. 02 Number of occupied units as of rent roll date 100 03 Average monthly dwelling rental charge per unit for curront 323.00 . .." budget year (Part B, Line 01 + Line 02) · , 04 Average monthly dwelling rental charge per unit for prior 245.00 .................... ~ ~ ', ' ...... budget year 05 Average monthly dwelling rental charge per unit for budget 226.00 ..... ' ' .. ~ :' ;~,,~., ';,~,, ' ,::.","~.~,. =~,SJ~,[~,~}~:,:;, ;~ ..:,.~{[' .... · ~. .... year 2 years ago ..... ....... ,. 06 Three-year average monthly dwelling rental charge por unit 234.00 :. '.:. ,,,.,~. ([Pad B, Line 03+Line 04+Line 05]+ 3) ...... 07 50/50 Income split ([Pa~ B, Line 03 + Line 06] + 2) 233.00 .... 08 'Average monthly dwelling renal charge per unit (lesser of Pad B, Line 03 or Line 07) 232.00 09 IRental income adjustment factor 1 ..03 1. 10 Projected average monthly dwelling rental charge per unit (Pad B, Line 08 times Line 238.96 ~09) 11 Projected occupancy percentage from form HUD-52728 97% % 12 Projected average monthly dwelling rental income per unit (Pad B, Line 10 times 231.79 ILine Part C. Non-dwelling Income 01 IOther income 5.50 02 !Total operating receipts (Part B, Line 12 plus Part C, Line 01) 237.29 03 PUM deficit or (Income) (Part A, Line14 minus Part C, Line 02) 86.87 0,4 ]Deficit or (Income) before add-ons (Part'C, Line 03 times Section 1, e) 104,244 Previous edition is obsolete for PHA Fiscal Years beginning 1/1/2004 and thereafter Page 1 form HUD-52723 (1/2001) I Project Number: I MN105001 Line I Requested by PHA I HUD Modifications No.I Description (Whole Dollars)I (Whole Dollars) Part D. Add-ons for chanties in Federal law or re~lulation and other eli~libility 01 FICA contributions -0 02 Unemployment compensation -0 03 Family Self Sufficiency Program -0 04 Energy Add-On for loan amortization -0 05 Unit reconfiguration -0 06 Non-dwelling units approved for subsidy -0 07 Long-term vacant units -0 08 Phase Down for Demolitions -0 09 Units Eligible for Resident Participation: 100 .. Occupied Units (Part B, Line 02) ' 10 Employee Units 1 ', '.' ....... . .,, .... 11 Police Units -0 ' .....~.....~..., 12 Total Units Eligible for Resident Participation 101 (Sum of Part D, Lines 09 thru 11) : '''~ :i;,, .::,,~,, ,~!,, '~.'i~:,,~i... '.',~:-~.t~ ':,:.:,.~'~ .;;,,~,'.".' ~ ',.'., 13 Funding for Resident Participation (Part D, Line 12 x $25) 2,525 14 Other approved funding, not listed (Specify in Section 3) -0 15 Total add-ons (sum of Part D, Lines 01, 02, 03.04, 05, 06, 07, 08, 13 and 14) 2,525 Part E. Calculation of Operatin~l Subsidy Eli~libility Before Adjustments 01 Deficit or (Income)'before ~;djustmer~ts (T-'otal o~ Part C, Lin~ 04 and Part D, Line 15) 106.769 02 Actual cost of Independent Audit (IA) 03 Operating subsidy eligibility before adjustments (greater of Part E, Line 01 or Line 106,769 02) (If less than zero, enter zero (0)) Part F. Calculation of Operating Subsidy Approvable for Subject Fiscal Year (Note: Do'not revise after the end of the subject FY) 01 Utility Adjustment for Prior'years ' ' 02 Additional subject fiscal year operating subsidy eligibility (specify) 03 Unfunded eligibility in prior fiscal years to be obligated in subject fiscal year 04 HUD discretionary adjustments 05 !Other (specify) 06 Other (specify) 07 'Unfunded portion due to proration ( ) ( ) 08 Net adjustments to operating subsidy (total of Part F, Lines 01 thru 07) 09 'Operating subsidy approvable for subject fiscal year (total of Part E, Line 03 and 106,769 Part F, Line 08) HUD Use Only (Note: Do not revise after the end of the subject FY) 10 Amount'of operating subsidy approvable for subject fl~cal year not funded . "~' ..,,,,:,~!:.:: ": .'::, '::' ( ) 11 Amount of funds obligated in excess of operating subsidy approvable for subject fiscal Must be the same as hne 690 of the Opera~mg Buciget. form HUD-52564. for the subject flscai year) ,'..~,: Part G. Memorandum of Amounts Due HUD, Includin~l Amounts on Repayment Schedules 01 Total amount due in previous fiscal year (Part G, Line 04 of form HU~-5'2723 for prev ous fisca year) 02 SectionT°tal amount3) to be collected in subject fiscal year (Identify individual amounts under ( ) ( ) 03 Total additional amount due HUD (include any amount entered on Part F, Line 11) (Identify individual amounts under Section 3) 04 Total amount due HUD to be collected in future fiscal year(s) (Total of Part G, Lines 01 thru 03) (Identify individual amounts under Section 3) Previous edition is obsolete for PHA Fiscal Years beginning 1/1/2004 and thereafter Page 2 form HUD-52723 (1/2001) Project Number: 1 Line I Requested by PHA I HUD Modifications No.I Description (VVhole Dollars) I ~Vhole Dollars) Part H. Calculation of Adjustments for Subject Fiscal Year This part is to be completed only after the subject fiscal year has ended 01 Indicate the types of adjuStments that have been rejected on t~is form: [] Utility Adjustment [] HUD discretionary adjustment .~:, i:, i' 'i'" :: ;': ii :,:::i:'i!.~ i ;'( ',i (Specify under Section 3) 02 Utility adjustment from form HUD-52722-B 03 Deficit or (Income) after adjustments (total of Part E, Line 01 and Part H, Line 02) 04 Operating subsidy eligibility after year-end adjustments (greater of Part E, Line 02 or Part H, Line 03) 05 Part E, Line 03 of latest form HUD-52723 approved during subject FY (Do not use Part E, Line 03 of this revision) 06 Net adjustments for subject fiscal year (Part H, Line 04 minus Part H, Line 05) 07 Utility adjustment (enter same amount as Part H, Line 02) 08 Total HUD discretionary adiustments (Part H, Line 06 minus Line 07) 09 Unfunded portion of utility adjustment due to proration 10 Unfunded portion of HUD discretionary adiustment due to proration 11 Prorated utility adjustment (Part H, Line 07 plus Line 09) 12 Prorated HUD discretionary adiustment (Part H, Line 08 plus Line 10) Section 3 Remarks (provide part and line numbers) I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is tree and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) Signature of Authorized HA Representative & Date: X Ignature of Authorized Field Office Representative & Date: Previous edition is obsolete for PHA Fiscal Years beginning 1/1/2004 and thereafter Page 3 form HUD-52723 (1/2001) PHA/IHA Board Resolution Approving Operating Budget or Calculation of Performance Funding System Operating Subsidy U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB Approval No. 2577-0026 (Exp. 6/30/2001) Public reporting burden for this collection of information is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collecton displays a valid OMB control number. This information is required by Section 6(c)(4) of the U.S. Housing Act of 1937. The information is the operating budget for the Iow-income housing program and provides a summary of proposedlbudgeted receipts and expenditures, approval of budgeted receipts and expenditures, and justification of certain specified amounts. HUD reviews the information to determine if the operating plan adopted by the PHA and the amounts are reasonable and that the PHA is in compliance with procedures prescribed by HUD. Responses are required to obtain benefits. This information does not lend itself to confidentiality. Acting on behalf of the Board of Commissioners of the below-named Public Housing Agency (PHA)/Indian Housing Authority (IHA), as its Chairman, I make the following certifications and agreements to the Department of Housing and Urban Development (HUD) regarding the Board's approval of (check one or more as applicable): Operating Budget Submitted on: Operating Budget Revision Submitted on: Calculation of Performance Funding System Submitted on: Revised Calculation of Performance Funding System Submitted.on: (date) I certify on behalf of the: (PHA/IHA Name) that: 1. 2. 3. All regulatory and statutory requirements have been met; The PHA has sufficient operating' reserves to meet the working capital needs of its developments; Proposed budget expenditures are necessary in the efficient and economical operation of the housing for the purpose of serving low-income residents; 4. The budget indicates a source of funds adequate to cover all proposed expenditures; 5. The calculation of eligibility for Federal funding is in accordance with the provisions of the regulations; 6. All proposed rental charges and expenditures will be consistent with provisions of law; 7. The PHA/IHA will comply with the wage rate requirements under 24 CFR 968.110(e) and (f) or 24 CFR 905.120(c) and (d); 8. The PHA/IHA will comply with the requirements for access to records and audits under 24 CFR 968.110(i) or 24 CFR 905.120(g); and 9. The PHA/IHA will comply with the requirements for the reexamination of family income and composition under 24 CFR 960.209, 990.115 and 905.315. I hereby certify that all the information stated within, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements, Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) Board Chairman's Name (type) Signature I Date Walter R. Fehst Previous edition is obsolete form HUD-52574 (10/95) ref. Handbook 7575.1 Certification for a Drug-Free Workplace U.S. Department of Housing and Urban Development Applicant Name Columbia Heights HRA Program/Activity Receiving Federal Grant Funding Parkview Villa Acting on behalf of the above named Applicant as its Authorized Official, I make the following certifications and agreements to the Department of Housing and Urban Development (HUD) regarding the sites listed below: I certify that the above named Applicant will or will continue to provide a drug-free workplace by: a. Publishing a statement notifying employees that the un- lawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Applicant's work- place and specifying the actions that will be taken against employees for violation of such prohibition. b. Establishing an on-going drug-free awareness program to inform employees --- (1) The dangers of drug abuse in the workplace; (2) The Applicant's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph a.; d. Notifying the employee in the statement required by para- graph a. that, as a condition of employment under the grant, the employee will --- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her convic- tion for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; e. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph d.(2) from an em- ployee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, includ- ing position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federalagency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; f. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph d.(2), with respect to any employee who is so convicted --- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfacto- rily in a drug abuse assistance or rehabilitation program ap- proved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; g. Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs a. thru f. 2. Sites for Work Performance. The Applicant shall list (on separate pages) the site(s) for the performance of work done in connection with the HUD funding of the program/activity shown above: Place of Performance shall include the street address, city, county, State, and zip code. Identify each sheet with the Applicant name and address and the program/activity receiving grant funding.) Check here I I if there are workplaces on file that are not identified on the attached sheets. I hereby certify that all the information stated herein, as well as any information provided in thc accompaniment herewith, is truc and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) Name of Authorized Official . Title Walter R. Fehst Executive Director Signature X Date form HUD-50070 (3/98) ref. Handbooks 7417.1,7475.13, 7485.1 & .3 APPLICATION FOR OMB Approval No. 0348-0043 FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier October 21, 2003 049614-324 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE S?~t~e~Application Identifier .[plication Preapplication Construction [] Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier [] Non-Construction [] Non-Construction 5. APPLICANT INFORMATION Legal Name: Organizational Unit: Columbia Heights HRA Columbia Heights HRA Address (give city, county, State, and zip code): Name and telep6one number of person to be contacted on matters involvir 590 40th Ave. NE this application (give area code) Anita Kottsick Columbia Heights, MN 55421 763-706-3800 6. EMPLOYER IDENTIFICATION NUMBER (EIN): 7. TYPE OF APPLICANT: (enter appropdate letter in box) [ - 1916141 A. State H. Independent School Dist. J-~ 8. TYPE OF APPLICATION: B. County I. State Controlled Institution of Higher Learning [] New [] Continuation [] Revision C. Municipal J. Private University D. Township K. Indian Tribe If Revision, enter appropriate letter(s) in box(es) ~ ~-~ E. Interstate L. Individual F. Intenmunicipal M. Profit Organization A. increase Award B. Decrease Award C. Increase Duration G. Special Distdct N. Other (Specify) D. Decrease Duration Other(specify): 9. NAME OF FEDERAL AGENCY: Department of Housing and Urban Development 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: II[~J--~5~ Operating subsidy eligibility for project currently listed on the Annual Contributions Contract between the PHA and TITLE: Public and Indian Housing HUD 12. AREAS AFFECTED BY PROJECT(Cities, Counties, States, etc.): Columbia Heights, MN 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date Ending Date a. Applicant b. Project 1/1/04 12/31/04 MN105001 MN105001 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $ 104,244' a. YES. THIS PREAPPLICATION/APPLICATION WAS MADE b. Applicant $ 00 AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: c. State $ DATE d. Local $ b. No. [] PROGRAM IS NOT COVERED BY E. O. 12372 e. Other $ oo [] OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW f. Program Income $ 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL $ 0o 104,244' [] Yes If "Yes," attach an explanation. [] No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a: Type Name of Authorized Representative b. Title c. Telephone Number Walter Fehst Executive Director (763) 706-3600 ~". Signature of Authorized Representative e. Date Signed Previous Edition Usable Standard Form 424 (Rev. 7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 Certification of Payments to Influence Federal Transactions U.S. Department of Housing and Urban Development Office of Public and Indian Housing Applicant Name Columbia Heights HRA Program/Activity Receiving Federal Grant Funding Parkview Villa The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 connec- tion 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. (2) 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 an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails 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. I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012:31 U.S.C. 3729, 3802) Name of Authorized Official Walter R. Fehst Title Executive Director Signature Date (mm/dd/yyyy) form HUD 50071 (3/98) Previous edition is obsolete ref. Handboooks 7417.1,7475.13, 7485.1, & 7485.3 HA Calculation of u.s. Department of Housing and Urban Development Occupancy Percentage Office of Public and Indian Housing for a Requested Budget Year (RBY)' PHA/IHA-Owned Rental Housing Performance Funding System (PFS) OMB Approval No. 2577-0066 (Exp. 09/30/2004) la. Name and Address of PHNIHA (include Street Address, City, State, Zip Code) Columbia Heights I-IRA 590 40th Ave. NE Columbia ]~eights, NIN 55421 Contact (Person who can best answer questions about this submission) 12~'s Phone Number (include area code) Date: (mo/day/yyyy) I ~ Original (mo/day/yyyy) 01/01/2004 / Revision No. ( ) ~_,N105001 6/30/03 Part A. Actual Occupancy Data as of Report Date (check one box) [~ Actual Day Average for ~ Actual Month 7. Data Source [~fo~ HUD-51234 Rent Roll Records 8. Units Occupied 100 9. Units Available 100 10. Actual Occupancy Percentage (Divide line 8 by line 9; multiply by 100 and round to nearest whole) 100 % stop 11. If the HA-wide occupancy percentage shown on line 10 is 97% or greater and the HA believes that an average occupancy rate of at least 97% is sustainable for the RBY, then check the box below. You have completed the form and do not need to proceed further. & Note (-~ High Occupancy HA: Occupancy Percentage is -) Use 97% as the Projected Occupancy 97% or higher and is sustainable for the RBY Percentage on Part B, line 11 of form HUD-52723 12. Units vacant as of Report Date (subtract line 8 from line 9 and enter result) J 13. If the result on line 12 is five or fewer vacant units and the HA believes that during the RBY: 1) the inventory (line 9) will not change; Stop and, 2) the number of vacant units on line 12 will be vacant for the full RBY, then check the box below. You have completed the & form and do not need to proceed further. Note r--] High Occupancy HA with five or .-) Use line 10 for the Projected Occupancy fewer vacant units Percentage on Part B, line 11 of form HUD-52723 Part B. Distribution of Actual Vacancies By Major Cause Given below are circumstances and actions recognized by HUD as possible causes of vacancies that are beyond the control of the HA to correct. If appropriate, please distribute the number of vacant units reported on line 12 among these causes. Attach sheet identified with HA name and address, the RBY beginning date, and ACC number. Use the sheet to describe, for each circumstance; when the circumstance occurred; the location of the units involved; why the circumstance is preventing the HA from occupying, selling, demolishing, rehabilitating, reconstructing, consolidating or modernizing the vacant units; and the likelihood that these circumstances will be mitigated or eliminated in the RBY. 14. Units vacant because of litigation (e.g., units that are being held vacant as part of court-ordered or HUD-approved desegregation plan) 15. Units vacant because of Federal, Tribal, or State laws of general applicability. (Note: do not include units vacant only because they do not meet minimum construction or habitability standards.) , 16. Units vacant due to changing market conditions 17. Units vacant because of natural disaster 19. RMC-managed units vacant because of failure of HA to fund approvable request for Federal modernization funding (This line for use only by RMCs) 20. Units vacant because of casualty loss and need to settle insurance claims 21. Total Units Vacant Due To Circumstances Beyond The HA's Control (Enter sum of lines 14 - 20) 22. Units vacant after adjusting for circumstances beyond the HA's control (Subtract line 21 from line 12) 23. If the result on line 22 is five or fewer vacant units and the HA believes that during the RBY: 1) the inventory (line 9) will not change; Stop and, 2) the number of vacant units on both lines 21 and 22 will be vacant for the full RBY, then check the box below. You have & completed the form and do not need to proceed further. Note E~ High Occupancy HA with five or fewer vacant units -) Use line 10 for the Projected Occupancy after adjustment for vacancies beyond its control Percentage on Part B, line 11 of form HUD-52723 24. Vacancy Percentage after adjusting for beyond control circumstances (Divide line 22 by line 9, multiply by 100. and round to nearest whole) % 25. If the result on line 24 is 3% or less and the HA believes that during the RI3Y: 1) the inventory (line 9) will not change; and, 2) Stop the number of vacant units on lines 21 and 22 will be vacant for the full RBY, then check the box below. You have completed the & form and do not need to proceed further. Note /-'--I High Occupancy HA: 3% or less vacancy rate -') Use line 10 for the Projected Occupancy afteradjustment for vacancies beyond control Percentage on Part B, line 11 of form HUD-52723 This form replaces forms HUD-52728-A thru -C which have been canceled. Previous edition is obsolete. Page I of 3 form HUD-52728 (03/2003) ref Handbook 7475.13 Part C. Status of Units Undergoing Modernization as of Report Date If changes occur after the Report Date but prior to submission of this form, the most current status will be shown. 26. Protected Units a: Number of units that are under modernization construction (contract awarded or force account work started) b. Number of units not under construction contract but included in a HUD-approved modernization budget where the time period for placing the units under construction (two FFYs after FFY of approval) has not yet expired. 27. Unprotected Units: Number of units included in a HUD-approved modernization budget where the time period for placing the units under construction (two FFYs after FFY of approval) has expired. Part D. Units Estimated to be Available for Occupancy During RBY No. of Units 28. Units Available as of Report Date (Enter line 9) :[00 29. Additional Units Available Dudng RBY because of Development/Acquisition of PFS-Eli~lible projects + 30. Units Unavailable During RBY because of Demolition/Disposition/Conversion Actions Approved By HUD 31. Total (Add lines 28 and 29; subtract line 30) Occupied Units (b) Avg. N, ~f Mos. in RB¥ Vacant Units (c) No. of Unit Mos.(a x b) 12' Part E. Units Estimated to be Occupied During RBY 32. Units Occupied as of Report Date (Enter line 8) 100 12 33. Additional Units Occupied dudng RBY because of Developmen~Acquisition of PFS-Eligible Projects + + 34. Reoccupancy during RBY of Units Vacated for Circumstances Beyond the HA's Control + + 35. Reoccupancy during RBY of Vacant Units in a Funded Modernization Program + + 36. Occupied Units in Funded Modernization Program Being Vacated during RBY 37. Occupied Units Being Vacated during RBY because of Demolition/Disposition/Conversion Actions Approved by HUD. If there are occupied units that become vacant after the Report Date but before the start of the RBY because of circumstances and actions beyond the HA's control, place that number here ( ) and include in total shown on 37. Attach separate sheet with same information requested in Part C. 38. Total (Add lines 32-35, subtract lines 36 and 37)~ Part F. Occupancy Percentage During RBY 39. Total Unit Months of Occupancy (Enter line 38c) 40. Total Unit Months Available for Occupancy (Enter line 31c) 41. Occupancy Percentage for RBY (Divide line 39 by line 40; multiply by100 and round to nearest whole) % 42. Average Number of Vacant Units During RBY (Subtract line 39 from line 40;divide result by 12 and round to nearest whole) 43. If the result on line 41 is 97% or higher or if the result on line 42 is five or less, then check the appropriate Stop box below. You have completed the form and do not need to proceed further. & [~ a. High Occupancy HA: Occupancy Percentage -.) Use 97% as the Projected Occupancy Note is 97% or higher for the RBY Percentage on Part B, line 11 of form HUD-52723  -~b. High Occupancy HA with five or --) Use line 41 for the Projected Occupancy fewer vacant units ' Percentage on Part B, line 11 of form HUD-52723 Part G. Vacancy Percentage for RBY Adjusted for Modernization 44. Total Unit Months of Vacancy in RBY (Enter line 40 less line 39) 45. Total Unit Months for Vacant Units In Funded Mod. and Under Construction , or Funded for Construction (Sum the vacant units of lines 26a and b; multiply by 12) 46. If any of the vacant units on lines 26a or b will be reoccupied during the RBY, enter that number ~--" ...... : '~ times the average number of months during the RBY these units will be reoccupied. 47. If any of the occupied units on lines 26a or b will be vacated during the RBY for mod. construction, enter that number times the average number of monthsduring the RBY these units will be vacated. 48. Total Unit Months for Vacant Units In Funded Mod. And Under Construction or Funded For Construction In RBY (Add line 45; less line 46; plus line 47) 49. Total Unit Months of Vacancy in RBY Adjusted for Modernization (Enter line 44 less line 48) 50. Vacancy Percentage for RBY Adjusted for Modernization (Divide line 49 by line 40; multiple by 100; and round to nearest whole.) % 51. Average Number of Vacant Units in RBY Adjusted for Modernization (Divide line 49 by 12; round to nearest whole) Stop & Note 52. If the result on line 50 is 3% or lower or if the result on line 51 is five or less, then check the appropriate box below. You have completed the form and do not need to proceed further.  -~a. High Occupancy HA: Vacancy Percentage is 3% -) Use line 41 as the Projected Occupancy or less for the RBY after Modernization Adjustment Percentage on Part B, line 11 of form HUD-52723 [ ---~ b. High Occupancy HA: five or fewer vacant --) Use line 41 for the Projected Occupancy units after Modernization Adjustment Percentage on Part B, line 11 of form HUD-52723 This form replaces forms HUD-52728-A thru -C which have been canceled. Previous edition is obsolete. Page 2 of 3 form HUD-52728 (03/2003) ref Handbook 7475.13 Part H.Vacancy Percentage for RBY Adjusted for Both Modernization and Beyond Control Circumstances 53. Total Unit Months of Vacancy in RBY (Enter line 44) 54. Total Unit Months of Vacancy in RBY Due to Modernization (Enter line 48) 55. Total Unit Months of Vacancy in RBY Due to Beyond Control Vacancies (Enter line 21 times 12; less any entry made on line 34c) 56. Total Unit Months of Vacancy After Above Adjustments (Enter line 53 less lines 54 and 55) 57. Vacancy Percentage for RBY After Above Adjustments (Divide line 56 by line 40; multiple by 100; and round to nearest whole.) % 58. Average Number of Vacant Units in RBY After Above Adjustments (Divide line 56 by 12; round to nearest whole) Stop & Note 59. If the result on line 57 is 3% or lower or if the result on line 58 is five or less, then check the appropriate box below. You have completed the form and do not need to proceed further. ~] a. High Occupancy Vacancy Percentage or as Projected Occupancy HA: is 3% Use line 41 the less for the RBY after Modernization Adjustment Percentage on Part B, line 11 of form HUD-52723  -] b. High Occupancy HA: five or fewer vacant -~Use line 41 for the Projected Occupancy units after Modernization Adjustment Percentage on Part B, line 11 of form HUD-52723 Part I. Adjustment for Long Term Vacancies If the HA estimates that it will have a vacancy percentage of more than 3% for its RBY and more than five vacant units after adjusting for vacant units undergoing modemization and vacancies beyond its control, the HA will exclude all of its long- term vacancies (if any) from its count of units available for occupancy and use this section to determine its projected occupancy pementage. 60. Total Long-term Vacancies (Subtract vacant units shown on lines 21, 26a, and b from line 12. Analyze remaining vacancies and identify those units that have been vacant for more than 12 months as of the Report Date.) 61. Unit Months of Vacancy Associated With Long-Term Vacancies (Multiply line 60 by 12) 62. Total Unit Months Available for Occupancy in RBY Adjusted for Long-Term Vacancies (Subtract line 61 from line 31(c)) Use this UMA number in all other PFS calculations. 63. Occupancy Percentage for RBY Adjusted for Long-Term Vacancies (Divide line 38(c) by line 62; multiply by 100 and round to nearest whole) % 64. Average Number of Vacant Units in RBY after All Adjustments (Subtract line 60 from line 58) 65. Total Unit Months of Vacancy in RBY after All Adjustments (Subtract line 61 from line 56) 66. Vacancy Percentage for RBY Adjusted for Long-Term Vacancies (Divide line 65 by line 62; multiply by 100 and round to nearest whole) % 67. If the result on line 63 is 97% or higher or if the result on line 64 is five or less orif the result on line 66 is 3% or less then check the appropriate box below. You have completed the form and do not need to proceed further. Stop & Note [---~ a. High Occupancy HA: Occupancy Percentage is 97% or higher for the RBY after Long-Term Vacancies Adjustment {b. High Occupancy HA: Five or fewer vacant units after Adjustment for Long-TermVacancies [----~ c. High Occupancy HA: Vacancy Percentage is 3% or lower for the RBY after Long- Term Vacancies Adjustment --) Use 97% as the Projected Occupancy Percentage on Part B, line 11 of form HUD-52723. Use the UMA result on line 62 in calculating PFS eligibility. -.) Use line 63 as the Projected Occupancy Percentage on Part B, line 11of form HUD-52723, Use the UMA result on line 62 in calculating PFS eligibility. --) Use line 63 as the Projected Occupancy Percentage on Part B, line 11 of form HUD-52723. Use the UMA result on line 62 in calculating PFS eligibility. Part J. Projected Occupancy Percentages for Low Occupancy RAs If the HA cannot determine an acceptable Projected Occupancy Percentage for the RBY using the above approach, it will use this section. The HA will use the lower of either 97% or that percentage based on having five units vacant for the RBY. Either percentage can be adjusted for vacant units undergoing modernization construction and vacancies beyond its control. Small HAs of 140 units or less will generally want to use a percentage based on five vacant units. 68. Enter 97% if HA has more than 140 units. If 140 or fewer units, determine occupancy percentage based on 5 vacant units, for RBY. (Take 60 unit months and divide by line 62; multiply by 100 and round to nearest whole. Subtract result from 100%) 69. Percentage Adjustment for Modernization and Beyond Control Vacancies (Add lines 48 plus 55; divide that sum by line 62; multiply by 100 and round to nearest whole)" 70. Projected Occupancy Percentage for Low Occupancy HA (Take the percentage on line 68 and subtract the percentage shown on line 69. Use the result as the Projected Occupancy Percentage on Part B, line 11 of form HUD-52723. Use the UMA result on line 62 In calculating PFS eligibility) This form replaces forms HUD-52728-A thru -C which have been canceled. Previous edition is obsolete. Page 3 ol' 3 form HUD-52728 (03/2003) ref Handbook 7475.13 nO CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. columbia-heights, mn. us Mayor: Julienne Wyckoff Councilmembers: Bruce Nawrocki Bobby Williams Tammera Ericson Bruce Kelzenberg City Manager: Walter R. Fehst COLUMBIA HEIGHTS COMMUNITY DEVELOPMENT DEPARTMENT DATE: October 10, 2003 TO: C: HRA Boardmembers Walt Fehst, Executive Director Robert Streetar, Deputy Executive Director FROM: Mark Nagel, Housing Assistant RE: Draft Management Services Agreement with Walker ElderCare I am pleased to attach a draft of the Management Services Agreement with Walker ElderCare Services, 3737 Bryant Avenue South, Minneapolis, MN for your review. The draft agreement is based on the current agreement with Crest View, primarily because it is in HUD form, so it should be easier to gain approval from the Minneapolis Field Office. It should be noted that there are still areas of the Agreement under negotiation with Walker ElderCare, but staff wanted to get your comments prior to the development of a final draft for approval. I would very much appreciate your comments as soon as possible, so that revisions can be made in time for the HRA Board Meeting on October 21st H:\Parkview Villa\Walker Agreement Draft Memo THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER