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HomeMy WebLinkAboutOctober 24, 2006 CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E.. Culumhia Heights. MN 55421-3878 (763) 706-3600 TOO (763) 706-3692 Visit Our Website at: II'ww.ci.cofllmbia-heights./1/n.lIs AGENDA HOUSING & REDEVELOPMENT AUTHORITY October 24, 2006 IMMEDIATELY FOllOWING THE 7PM EDA MEETING PARKVIEW VillA, COMMUNITY ROOM B, 965 40TH AVE., COLUMBIA HEIGHTS, MN 1. Call to Order 2. Roll Call Tammera Diehm, Chair Bobby Williams, Vice Chair Patricia Jindra, Secretary/Treasurer Bruce Nawrocki Bruce Kelzenberg Dennis Ecklund, Jr. 3. Pledge of Allegiance CONSENT AGENDA 4. Approve minutes of July 25, 2006 5. Approve Financial Report and payment of bills for July, August, September 2006, Resolution 2006-06 Motion: Move to Approve the Consent Agenda Items #4 and #5, as listed. BUSINESS ITEMS 6. Report of Management Company 7. Resident Council Minutes 8. Citizen Forum" 9. Adopt Resolution 2006-07, Approving the 2007 PHA Plan and Related Certifications Motion: Move to close the Public Hearing. Motion: Move to waive the reading of Resolution 2006-07, there being an ample amount of copies available to the public. Motion: Move to Adopt Resolution 2006-07, a Resolution confirming approval of the 2007 Public Housing Agency certifications of compliance with the PHA plans and related regulations. 10. Adopt Resolution 2006-08, Approve Third Amendment to Walker ElderCare Contract Motion: Move to waive the reading of Resolution 2006-08, there being ample amount of copies available to the public. Motion: Move to Adopt Resolution 2006-08, a Resolution Approving and execution of the Third Amendment to the Management and Maintenance Services Agreement with Walker ElderCare Services Inc.; and furthermore, to authorize the Chair and Executive Director to enter into an agreement for the same. 11. Adopt Resolution 2006-09, Approving the Maintenance/Services Contracting Policy Motion: Move to waive the reading of Resolution 2006-09, there being an ample amount of copies available to the public. Motion: Move to Adopt Resolution 2006-09, a Resolution Approving the Maintenance/Services Contracting Policy. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER 12. Adopt Resolution 2006-10, Approving Maintenance/Services and Subcontractor Agreement Forms for Parkview Villa. Motion: Move to waive the reading of Resolution 2006-10, there being an ample amount of copies available to the public. Motion: Move to Adopt Resoiution 2006-10, a Resolution Approving the Maintenance/Services and Subcontractor Agreement forms for Parkview Villa. 13. Adopt Resolution 2006-11, Proposed 2007 Parkview Villa North Budget Motion: Move to waive the reading of Resolution 2006-11, there being an ample amount of copies available to the public. Motion: Move to Adopt Resolution 2006-11, a Resolution of the Housing and Redevelopment Authority in and for the City of Columbia heights adopting the 2007 Parkview Villa North Budget of $519,904 and recommending this budget to the City Council for approval. 14. Adopt Resolution 2006-12, Proposed 2007 Parkview Villa South Budget Motion: Move to waive the reading of Resolution 2006-12, there being an ample amount available to the public. Motion: Move to Adopt Resolution 2006-12, a Resolution of the Housing and Redevelopment Authority in and for the City of Columbia heights Adopting the 2007 Parkview Villa South Budget of $242,639 and recommending this budget to the City Council for approval. 15. Discussion on Current Internal Transfer Policy 16. Other Business The next regular HRA meeting will be Tuesday, January 23, 2006 at Parkview Villa. *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.) HOUSING & REDEVELOPMENT AUTHORITY REGULAR MEETING MINUTES OF JULY 25, 2006 Call to Order - The Regular Meeting of the Columbia Heights Housing & Redevelopment Authority (HRA) was called to order by Chair, Tammera Diehm at 7:28 p.m., July 25,2006, in the Parkview Villa Community Room B, 965 40th Avenue NE, Columbia Heights, Minnesota. Roll Call- Tammera Diehm, Bruce Nawrocki, Bobby Williams, Dennis Ecklund Jr., Patricia Jindra, and Bruce Kelzenberg Pledge of Allegiance CONSENT AGENDA Approve the Minutes of April 25, 2006 Regular Meeting and Financial Report for the months of April, May and June 2006, Resolution 2006-05. Nawrocki asked on page 1, under investment revenue, how does it work. Lindig stated the investment income is managed by the City advisors and once a year the City finance department informs them what the investment performance was and what share of that investment income is for Parkview Villa South. Nawrocki stated in both the north and south supplies you talked about a need to correct some errors in the way some invoices were coded to various expense categories, can you tell me a little about that. Lindig stated when he was going through his review after the first quarter, he noticed a fair amount of expenses that should have been maintenance and construction that were coded to general supplies and vise a versa, so he made corrections. Nawrocki asked about the City of Columbia Heights billing. Lindig stated it is the water bill and labor transfer for bob and Cher's time for their work performed for Parkview Villa north and south. Nawrocki said, frankly he felt it was another way to make the budget look better by tapping revenue, when we are paying Walker a hundred and some thousand for management. Streetar stated the City has a contract with the HRA and in that contract it states the City will recover its labor costs, which doesn't include the copier paper costs and other costs. Nawrocki stated he would like a better breakdown of how he is coming up with that labor cost. Streetar stated on the form b that each department fills out it is the hourly rate and fringe, the City specifically decides how we are going to arrive at that amount. Cher and I have a pretty good idea of how much time we spend working on items for Parkview Villa. For example, recently we spent approximately 15 to 20 hours working on Davis Bacon issues and HUD monitoring. Motion by Williams, second by Kelzenberg, to approve the consent agenda Items #4 and #5 as listed. All ayes. Motion Carried. BUSINESS ITEMS Housing & Redevelopment Authority Minutes July 25, 2006 Page 2 of 10 Report of Management Company Todd Kline stated he is assuming the role of Lisa Toms and if the board has any questions on the report, for the months of April, Mayor June he would be happy to answer them. Nawrocki stated in the May report you talk about using staff and saving approximately $8,000, how much did we anticipate spending for this and has the work been done yet. Kline stated they originally were going to do the work themselves with our maintenance person, but they will be going out for bids instead, using outside contractors and that he wasn't aware where that amount came from. Jindra stated at the resident council meeting it was stated we didn't have the expertise or equipment to do it. Kline stated that was true. Diehm stated the $8,000 was maybe an estimated amount. Streetar stated in the capital improvement plan for the south building which was from 2004 it says painting the common areas and windows was estimated to be $11,000. So that is probably between $15 and $18,000 today. Paint for the interior garage was $9,000. That was the two painting items in the capital improvements plan. Resident Council Minutes Jindra asked the board if there were any questions. There were none. Citizen Forum Resident Ron Peters, Unit 414 stated Dana isn't here to defend herself, they transferred from apartment 423 to 414, Dana swore up and down the unit would be clean, he has pictures he took, which show where they had to clean. Their old apartment was just fine except for the Star Bar noise and that they still had to pay the $400 to move into the new unit. Ecklund Jr. stated he had a meeting with the Peters and Dana, which determined there was some things that came out of the meeting and felt they should be reimbursed for half of the money. Mrs. Peters provided Chair Diehm with pictures of the apartment. Nawrocki stated regarding the Star Bar, he has talked to the Police Department who stated that part of their operation is going to be removed and the discount store would be moving into that space. Motion by Williams, second by Ecklund Jr. to give the Peters a refund of $200 of the move in fees. All ayes. Motion Carried. Resident, Dorothy Schafer, Unit 425, asked why do they have to pay the $425 to move internally. Diehm stated we had to administer a program for internal moves, which is for the cleaning, painting, etc. to get the unit ready. Schafer stated that is too much. Jindra stated it was because people were moving around the building so often and it was costing us money and staff time. Housing & Redevelopment Authority Minutes July 25, 2006 Page 3 of 10 Nawrocki stated whenever you move you should be able to move into a clean unit, normal wear and tear you shouldn't be responsible for and when you move out you would have to do some cleaning. Schafer stated that the stove and refrigerator goes with her each time she has moved. Nawrocki stated he has never heard of that. Diehm stated with the new modernization of apartments we wouldn't be able to do that. Resident, Jan Honeyford, Unit 205 asked if has a building plumbing problem been brought up in the past, as she had laundry soap come up in her sink, it has happened in the past, she can't do anything in the sink, it has an odor, she has been here almost a year, this is the first day in five days that this hasn't backed up, she hasn't filed a work order as the first time she did Dana stated that happens all of the time. Kline stated he would appreciate it when this happens that she fills out a work order. Streetar stated he used to be a plumber, the drain you can put the stopper in a lock position, as a temporary fix until a plumber comes. Resident, Vivian Fahey Unit 225, has the same problem, has lived here for about two years, Terry came and cleaned the drain from her apartment down to the first floor, but, he wasn't sure where it was coming from. Diehm asked if she was near the laundry room. Fahey stated she wasn't. Resident, Renie Suftka unit 104 stated she has lived there forever, they have tried everything, blown out the pipes, which worked for a while, has heard because they don't have a basement that there is only one pipe for all of the drains to run into and that is the problem. Diehm stated we would ask for an update on this from management. Ecklund stated Honeyford said she had written this issue up, and said that he has written up items also, but would like to get a response from staff as to when they are going to be able to do the work. Diehm asked Kline if there was a policy for this. Kline stated he wasn't sure, but would check into it. Resident, Unit 123, stated she has the same problem. Diehm stated she hoped the residents understand that is why we have a member taking minutes at the resident council meetings, and that they should feel free to talk to her before the meetings. Set Public Hearing for the 2007 PHA Plan Lindig stated as part of the HUD requirements we have to submit a PHA plan, which has to be approved by the Board, one of the requires is that a public hearing be published 45 days in advance and would like to have the board approve conducting the public hearing for October 24th. Motion by Nawrocki, second by Williams, to set a Public Hearing date of Tuesday, October 24,2006, at 7:00 pm at Parkview Villa for the purpose of receiving public input on the 2006 Public Housing Authority (PHA) Plan. All ayes. Motion Carried. Housing & Redevelopment Authority Minutes July 25, 2006 Page 4 of 10 7th Floor Modernization Kline stated this is in line with the other modernization project plans, we are asking that the board approves the contract with Unicorp using all of the remaining 2004 Capital Improvement Funds before the September deadline. Diehm stated this would include new entry doors, kitchen cabinets, appliances, lighting, countertops, bathroom vanities, kitchen and bathroom faucets, and would also include new carpet in the main hallways of the floor. Nawrocki stated the estimate is $11,000, which is $2,000 over the other floors. Lindig stated the $11,000 per unit included all ofthe repairs on the ih floor and going back to the 8th and 9th floors to install new medicine cabinets and faucets. Diehm stated she has heard good comments from the residents that have already received this. Resident, Diane Powell, Unit 905, stated she loves the remodeling that was done to her apartment. Motion by Jindra, second by Williams, to approve the bids and award the contract for Phase 3 of Parkview Villa North Apartment Modernization Project to Unicorp for an amount not to exceed $107,500; and furthermore, to authorize the Chair and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. 7th Floor Appliance Purchase Lindig stated as part of the 7th floor modernization project, we usually bid the appliances separately. Staff would utilize the City for removal of the old appliances at no charge. The three bids that were received were: 1) Alllnc at $8,971; 2) Warner Stellian at $9,776.80 and 3) Guyers at $8,520. Normally, we would go with the lowest bidder, but in this case we are recommending that we use Alllnc again for the ih floor appliance purchases to make sure the appliances match the other floors. Diehm agreed it would be good to stay with the same kind of appliances. Ecklund stated for the $400 more, he would rather go with All Appliances again. Motion by Ecklund Jr., second by Williams, to approve the bid from All, Inc. to complete the appliance services during our ih floor rehab in an amount not to exceed $8,971.00; and furthermore to authorize the Chair and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. South Building Roof Repair on East Side of Building Kline stated that after the last storm there was a leak noticed from the ceiling where the north and south building adjoin. Staff called a contractor immediately who said we should call back the contractor that did the work, as this should still be under warranty. Omni roofing came out and repaired the roof and alerted staff there is more work to be done caused from hail damage. Repairs would consist of tearing off the old shingles and ice and water shield, replacing them and seal the areas as needed. The bids received were Sox & Company Construction LLC for $750; D & B Home Improvements for $1,250; and Omni Housing & Redevelopment Authority Minutes July 25, 2006 Page 5 of10 Roofs for $1,750. Staff recommends the HRA approve the lowest bid from Sox & Company Construction, LLC. Nawrocki stated what was the problem with the other contractor had. Kline stated he wasn't sure as it happened before he started. Ecklund Jr. stated he heard that he made a hole in the roof and determined that additional repairs needed to be made. Motion by Williams, second by Ecklund Jr., to Approve Sox & Company Construction, LLC that has given us the lowest bid for the roof repairs not to exceed the amount of $750; and furthermore, to authorize the Chair and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. Curb Appeal Project Kline stated the inside of the building is looking pretty good and would like to see the outside updated also. The area is over grown and the weed barrier has deteriorated. Staff obtained three bids for adding three retaining walls, existing rock removal, mulch and perennial flowers or shrubs be added, and on each side of the driveway we are recommending to remove the rock and slope and add mulch those areas. The three bids were $8,864 from Twin City Lawn Care, $8,987.55 for Villa Landscapes and $9,480 from Noble Landscape. The South Building Capital Fund Budget for FY2006 would be used for financing the project. Staff recommends approval of the contract with Twin City Lawn Care. Ecklund Jr. stated they have been trying to get this done for the past 2 Y, years, but do we have to go that elaborate, as that is a lot of money. Nawrocki questioned the expenditure, and the need for this at this time, didn't feel that curb appeal is bad, it is unacceptable to use all of the funds coming from the capital funds, this isn't fair, it is like when we increase the management fees for Walker, we increased the rents in the south building, the capital improvement money is set aside for things more like roof repairs. Williams stated he would like to see more what it would look like now. Jindra stated she didn't think it looked that bad. Kelzenberg stated he also didn't think it looked that bad. Diehm asked Ecklund Jr. if he talked to Dana about this, or the Residents Council. Ecklund stated he talked to Dana. Diehm asked Streetar if it would be inappropriate to give the residents council like $1,000 to be used. Streetar stated the VFW and a portion of the laundry machine proceeds, goes to the Residents Council. Nawrocki stated Streetar was right the VFW is giving the Resident Council money. Ecklund stated the Residents Council did plant and put their money into the flagpole circle. Resident, Mr. Schafer stated years ago when they first came to Parkview Villa, the circle was a mess, they made quilts and used the money to buy plants for that area. Housing & Redevelopment Authority Minutes July 25,2006 Page 6 of 10 Motion by Nawrocki, second by Williams that this matter be referred to the Residents Council. All ayes. Motion Carried. Heating/Cooling Systems in Community Room B Kline stated in the last couple of years, staff has had trouble maintaining the two large air conditioner/heating units in Community Room B. Recently we had the working unit recharged, but the other one will not hold Freon. Staff is looking to replace this unit in 2006, using Capital Funds. Three bids were received from: 1)Owens Companies for $17,600, 2) Boiler Services for $16,534 and 3) LBP Mechanical for $13,920. Staff recommends approval of the contract with LBP mechanical. Ecklund asked if that was both units, or just one. Kline stated it was for only one this year. Nawrocki asked where the money is coming from. Lindig stated he believed it would be coming from the capital improvement funds for the south building. Motion by Kelzenberg, second by Williams, to Approve the low bid from LBP Mechanical, Inc. not to exceed the amount of $13,920, from the South Capital Improvement Funds; and furthermore, to authorize the Chair and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. TV Antenna System Kline stated in the past staff has looked into getting a discount rate from Comcast for Cable TV. The reduced rate is only applicable if 100% of the residents hook up to Comcast. Staff recently completed a survey to find out what residents would like to do. We received a total of 60 surveys back, with 41 residents already using Comcast, 18 use the antenna system, and one that does not use any. Staff called a contractor to educate residents and find out approximately how much repair or installing a new rooftop TV antenna would cost. We found out that with the new technology coming in 2007 converting analog to digital televisions, even if we replaced the current antenna, it would not be compatible. The other option is to connect to the City network through Comcast Universal hook up. Residents would receive better reception and a couple more channels for free. Therefore, staff is recommending connecting to Comcast Universal through the City connection for both the North and South buildings. Nawrocki asked what is the service you get through the City. Diehm stated it is the City contract with Comcas!. Diehm stated it is a free service, make sure if you call that you tell them you are from Columbia Heights and the service is free, because it is part of the City Contract. Ecklund stated his cost is $60 a month, because he gets a lot of channels, but it is free if you only want the local or universal connection. Motion by Williams, second by Jindra, to utilize the Comcast Universal City Connection provided by the City at Parkview Villa North and South. All ayes. Motion Carried. Housing & Redevelopment Authority Minutes July 25, 2006 Page 7 of 10 Rent Transition Extension Alternative Streetar stated what you being asked to consider this evening is extending the rent transition period for Parkview Villa South residents living in 15 of the 45 units, as those residents in the 15 units will experience significant increases in rent beginning on January 1, 2007 and may have to move. In 2004, due to shortfalls at Parkview Villa South, the HRA implemented a 3-year plan to increase rents to ensure adequate revenues to pay the necessary property operating and capital costs. This problem initiated from Crest view not charging the residents in the south building the correct increases, they were charging them the same as the residents in the north building, which was incorrect. The plan called for moderate and level rent increases for current residents each year, over a three-year period, with a final increase on January 1, 2007. The HRA encouraged residents to apply for the North building, if needed. On January 1, 2007, rent for a 1-bedroom apartment would be $545 per month, and for a 2-bedroom $695 per month. The table shows the rent each unit is currently paying, and the amount to be paid on January 1st. With this extended rent transition, residents would pay $16.23/month in 2007, $16.94/month in 2008 and $17.67/month in 2009. The remaining 15 experiencing an average monthly increase of $191, which could result in some residents having to move. In order to continue to serve the senior residents of Columbia Heights, staff is recommending for these 15 units, increasing their rent each year on January 1st by 4. 35% or about $16/month, allowing them to remain in their home. Nawrocki asked what window replacement is he talking about earlier in the meeting and what is the current fund balance. Streetar stated it was all of the windows in the south building. TKDA did a study for us a couple of years ago that stated the windows in the south building needed to be replaced. Nawrocki asked what the fund balance was again. What Nawrocki may be referring to is a couple of years ago there was a sum of $700,000, which was the difference between what it costs to build the building and what the bonds were sold for, which could not be used for capital funding per state statue. We refinanced the bonds that were used down from 7 to 2 percent. That money was used to reduce the principal of those bonds. There is $540,000 in Parkview Villa South fund balance. Motion by Ecklund Jr., second by Kelzenberg, to Approve extended rent transition period alternative. All ayes. Motion Carried. Walker Contract Extension Streetar stated what you are being asked tonight is to extend the contract with Walker, which began on February 1, 2004 and ends on January 30, 2007. The HRA has the choice to extend the current contract for one year or prepare a request for proposal for a new management company. Staff recommends extending the contract for two reasons: 1) Staff's experience with Walker has been good, they have been thorough in the administration of the operating of the capital budgets, work effectively with HUD, they acknowledged the opinion of Housing & Redevelopment Authority Minutes July 25, 2006 Page 8 of 10 commissioners that the on-site manager could do a better job, and has been competent. The current property manager will be taking a new position in mid July and Walker will be hiring a new manager for Park View; and 2) the City Council is undertaking significant projects including: Parkview redevelopment, the contract with Grand Central lofts, 4dh & University, 3ih & Stinson, Community Center, Heritage Heights, NEI redevelopment and a 10 year Comprehensive Plan. The Comprehensive plan would require a fair amount of time to prepare this by both City Council and staff. All of these require a lot of staff's time and to go out for bids the City Council would have to reprioritize the projects for the Community Development Department. Walker has agreed to a one-year extension, which would allow the City to get through some of the other things staff is working on for the City. Diehm asked what Walker's transition plan is for replacing Dana's position. O'Donnell stated she will be in transition between both buildings until someone is hired and would be training the new person. Diehm asked if this position would be filled internally. O'Donnell stated there wasn't anyone qualified for the position. Nawrocki stated 1) Parkview management is important: 2) he hasn't been vel}' happy with the management 3) we talked about the cost that staff is being paid through the Parkview budget and felt it was more than enough money to go out for bids, 4) the financial report is much easier to read and he appreciated that; 5) with increasing Walkers management fees his opinion would be against the extension and 6) his concern is always for the residents. Diehm stated any management company that comes in would have the expertise and knowledge to run the HUD building, but if the residents were overwhelmingly happy with the management, she wouldn't consider going out for bids, if we go out for bids we will be signing up for a 3 year contract, with this extension we would be locked into a 1 year agreement, if we go with an RFP we are locking us into a 3 year agreement, therefore, she would like to see Walker receive some input from the board in the hiring process and would be in favor of the extension. Nawrocki stated he had better results with Crestview when he expressed concerns with them, performance is important too, the price you pay is important, when we entered into the agreement with Walker the 60-day termination clause was put in and that Walker has used that to their advantage to receive more money. Kelzenberg stated running a business is a lot of work, Dana did put in a good effort, and he is in favor of the extension. Jindra stated she hasn't been too happy with the management, would feel better if Walker includes the boards input on the hiring process, and she would be in favor of the extension. O'Donnell stated he would like to see they have some involvement with the process. Williams stated he wasn't sure how the people feel about it, and wondered what Ecklund felt. Ecklund stated he felt uncomfortable with Dana training in the new person. O'Donnell stated Dana will train in the new person on the HUD forms and policies, it is their only option, it isn't a relationship training. Housing & Redevelopment Authority Minutes July 25, 2006 Page 9 of 10 Nawrocki stated he thought the board was supposed to have input in the hiring and didn't feel that we did. Diehm stated she sat in on Dana's interview and that Walker would be putting their best foot forward, as they are aware of the problems that we have had in the past. Williams stated he hasn't heard anything from the residents, needs to hear from the people, they need to convince him, and asked what do the residents think. Renie Suftka, Unit 104 stated she didn't have a personal problem with Dana herself, she has a problem with Walker as it is a business, not a community, she doesn't like paying for a light bulb to be replaced, but doesn't think a 70 year old woman should be on a chair replacing it. It is a hard job, and that there is always someone that doesn't like management. Resident Peters, Unit 415 stated you should go out for bids after the one year extension, and have it ready incase Walker doesn't prove themselves. Ecklund stated he is hoping we get someone that everyone likes and now Walker staff knows what we are looking for. O'Donnell stated this does make sense to him to involve the board with hiring process. Ecklund stated he is willing to approve the extension. Dorothy Schafer, Unit 425, it is hard to come in here and blend with everybody, we have always had rules around here, to come in here and say it's my way or the highway is wrong, but she would approve the one year extension. Resident Diane Powell, Unit 905, stated rather than a 3-yearcommitment, she would like to see a 1-year extension, and that Kline is hearing our concerns tonight and hopefully this will work out. Nawrocki stated there is the possibility to bring some people in here temporary, there are options, don't get stuck on this 3-year agreement, we could always go back to managing it ourselves. Streetar stated he was a property manager, for Dominion managing a large complex, and in his option Walker has done an extremely goodjob working with the paperwork for HUD, but would suggest Walker start paying attention to the residents, and spend more time with them. Williams stated he appreciated the residents giving Walker a second chance, as they didn't give William with Crestview a chance two years ago and therefore, he will vote for the extension. Motion by Kelzenberg, second by Diehm, to approve the contract amendment extending the contract for one year under the same terms and conditions. Upon Vote: Jindra- aye, Williams- aye, Kelzenberg-aye, Nawrocki-nay, Diehm-aye. Motion Carried. Housing & Redevelopment Authority Minutes July 25,2006 Page 100fl0 Other Business The next regular HRA meeting will be Tuesday, October 24, 2006 at Parkview Villa. Adiournment Chair, Diehm adjourned the meeting at 9:43 p.m. Respectfully submitted, Cheryl Bakken Recording Secretary H:\HRAMinutes 2006\7-25-2006 COLUMBIA HEIGHTS HOUSING & REDEVELOPMENT AUTHORITY (HRA) Meeting of: October 24, 2006 AGENDA SECTION: Consent Agenda ORIGINATING EXECUTIVE NO: DEPARTMENT: HRA DIRECTOR APPROVAL ITEM: Financial Report and Payment of Bills BY: Bob Lindig BY: DATE: October 19, 2006 BACKGROUND: The bound Financial Report for the months of July, August and September 2006 draft Resolution 2006-06 is attached for review. RECOMMENDATION: Staff will be available to answer specific questions. If the report is satisfactorily complete, we recommend the Board take affirmative action to receive the Financial Report and approve the payment of bills. RECOMMENDED MOTION: Move to approve Resolution 2006-06, Resolution of the Columbia Heights Housing and Redevelopment Authority (HRA) approving the Financial Statement and Payment of Bills for the months of July, August and September 2006. HRA ACTION: H:\HRAConsent2006\July, August, September Fin Rep 2006 HRA RESOLUTION 2006-06 RESOLUTION OF THE COLUMBIA HEIGHTS HOUSING & REDEVELOPMENT AUTHORITY (HRA) APPROVING THE FINANCIAL STATEMENT FOR JULY, AUGUST AND SEPTEMBER OF 2006 AND PAYMENT OF BILLS FOR THE MONTHS OF JULY, AUGUST AND SEPTEMBER OF 2006. WHEREAS, the Columbia Heights Housing and Redevelopment Authority (HRA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the HRA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the HRA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statement for the months of July, August, September of 2006 and the list of bills for the months of July, August, September of 2006 are attached hereto and made a part of this resolution; and WHEREAS, the HRA has examined the financial statement and the list of bills and finds them to be acceptable as to both form and accuracy. NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Housing & Redevelopment Authority that it has examined the attached financial statements and list of bills, which are attached hereto and made a part hereof, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the list of bills as presented in writing are approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution and attachments are to be made a part of the permanent records of the Columbia Heights Housing & Redevelopment Authority. Passed this _ day of ,2006. MOTION BY: SECONDED BY: AYES: NAYS: Chair- Tammera Diehm Attest by: Cheryl Bakken, Assistant Secretary H:\Resolulions2006\HRA2006-06 Date: TO: FROM: RE: August 10,2006 Cher Dana Welke, Housing Manager July 2006 Management Repol1 for Parkview Villa Parkview Villa There were 9 police calls for the month of July 1 for noise, 1 for suicide threat, 6 for medical, 1 for suspicious person. WArT LIST 19 applicants for Parkview Villa North (resident C.B.) 02 applicants for Parkview Villa North (employed in C.B.) 94 applicants for Parkview Villa North (non-resident) 05 applicants for Parkview Villa South (resident C.B.) 19 applicants for Parkview Villa South (non-resident) 00 applicants for Parkview Villa South 2BR (resident) 02 applicants for Parkview Villa South 2BR (non-resident) Occupancy (please note this is current) North is 101 out of 101 South is 45 out of 45 Move outs: 703- lBR- 08/31/06- bought house 220- lBR- 09/30/06- ass!. living Move ins: 09/01/2006 from Wait List 10/01/2006 from Wait List Maintenance Report: . 36 out of 36 work orders were completed in the month of July. . We are now going to obtain 3 proposals for the underground parking garage to be painted. (still pending) . 7th Floor Apartment Modernization project is in the beginning stages. Tentative start date is September 4, 2006. . Maintenance started to paint the elevators doors and trim around the building from grey to cream. Date: TO: FROM: RE: Tuesday, September 19,2006 Cher Nick Gravemann, Housing Manager August 2006 Management Report for Parkview Villa Parkview Villa There were 9 police calls for the month of July 1 for noise, 1 for suicide threat, 6 for medical, 1 for suspicious person. WAIT LIST 14 applicants for Parkview Villa NOlth (resident C.I-!.) 17 applicants for Parkview Villa North (employed in c.I-!.) 52 applicants for Parkview Villa North (non-resident) 05 applicants for Parkview Villa South (resident C.H.) 15 applicants for Parkview Villa South (non-resident) 00 applicants for Parkview Villa South 2BR (resident) 02 applicants for Parkview Villa South 2BR (non-resident) Occupancy (please note this is current) North is 101 out of 101 South is 44 out of 45 Move outs: 703- IBR- 08/31/06- bought house 220- IBR- 09/30/06- asst. living Move ins: 09/01/2006 from Wait List 10/01/2006 from Wait List Maintenance Report: . 45 out of 45 work orders were completed in the month of July. . We are now going to obtain 3 proposals for the underground parking garage to be painted. (still pending) . 7th Floor Apmtment Modernization project is in the beginning stages. Tentative stmt date is September 4, 2006. Date: TO: FROM: RE: Tuesday, October 17, 2006 Cher Nick Gravemann, Housing Manager September 2006 Management Report for Parkview Villa Parkview Villa There were 7 police calls for the month of September, 2 for suicide threat, 3 for medical, 1 for suspicious person and 2 calls for auto break-ins. WArT LIST 14 applicants for Parkview Villa NOl1h (resident C.H.) 17 applicants for Parkview Villa North (employed in C.H.) 52 applicants for Parkview Villa North (non-resident) 05 applicants for Parkview Villa South (resident C.H.) 15 applicants for Parkview Villa South (non-resident) 00 applicants for Parkview Villa South 2BR (resident) 02 applicants for Parkview Villa South 2BR (non-resident) Occupancy (please note this is current) North is 101 out of 101 South is 44 out of 45 Move outs: 203-1 bed: Died 10/31/2006 121-1bed: Died 10/31/2006 Move ins: 506-lBR 10/13/2006 from wait list 115-2BR 10/1/2006 from wait list 203-1 bed 11/1/2006 from wait list 121-1 bed 11/1/2006 from wait list Maintenance Report: . 57 out of 57 work orders were completed in the month of July. . Re-cert lines for the garage, 1 st and 9th floor are almost finished. . ih Floor Apm1ment Modernization project is in the final stages. Due to be completed some time in the month of November. RESIDENT COUNCIL MINUTES-August 14,2006 Meeting called to order at 7:00 pm by President, Ecklund. Pledge Allegiance to the Flag Managers Report . September 5, 2006 Rehabilitation would begin. . Walker will host picnic September 6 with entertainment from 6-8pm . With the upcoming elections, candidates may come to speak to residents, but cannot display posters or flyers . Ron Peters is the newest addition to Walker management, filling Joe Goodman's position. New Business Volunteers to get everyone's names and current phone number for directory. Jessie and Ruth H. have keys for the 7''' floor storage area. Dorothy Schafer thanked residents for input on cookbooks. They are selling well at $10.00 a piece. Secretary's RepOlt- Minutes were approved. Treasurer's Report- Checking $4,188.00, Savings $2,209.43. RepOlt accepted. Sunshine Committee- No report Welcome Committee- Introduced new residents, Jeff Yaeger, Karen Russak, Evelyn Robbins and Helen Walker. Ron Peters thanked everyone for there support and resigned the Vice Presidents job. Pete Hanson was voted to fill the position. Entertainment- Denny announced that a picnic, potluck will be given by the men at Parkview Villa on September 23'd. Terry White asked for volunteers. Bake sale entry items should be labeled if containing, nuts or peanut oil, etc. Old Business: Drawings for $5.00-Pete Hanson, Olivia S, Vivian and Darlene Miller. Meeting adjourned, Respectfully submitted Patricia Jindra HRA Commissioner RESIDENT COUNCIL MINUTES-September 11,2006 Meeting called to order at 7:00 pm by President, Ecklund. Pledge Allegiance to the Flag Bill Cross asked for a moment of silence and prayer for 9-11 survivors. Managers Report . Todd Klien from Walker, introduced Nick Gravemann, the new manager of Park view Villa who is taking over Dana Welke's position. . Nick stated he is looking forward to his new job. . The 7th floor rehab is about to begin. Residents will be given a 48-hour notice before starting their apartment. New Business- Discussion as to Saturday Pot Lucks should continue, no objections, so practice will continue. No posters for election for election. Dorothy Shaffer announced receipts are in for $1,286 and cast for making cookbooks is covered and the rest is profit. Ecklund Jr. introduced new Vice President, Pete Hanson. Secretary's Report- Minutes were approved. Treasurer's Report- Checking $5,899.64, Savings $2,209.33. Report accepted. Sunshine Committee- No report Welcome Committee- No report Entertainment- No plans for September. Upcoming for October Bazaar information the luncheon will be $4.50. September 20th Meeting for final bazaar plans at 7pm. Denny Ecklund said their must be at least 25 people for sponsored trips. Bazaar notices have gone out. Bazaar will be October 7 from 9am until 2pm. Ecklund then called for volunteers for the nominating committee. Old Business: Drawings for $5.00-Tom Lynskog, Ron Schumacher, Olive and Dorothy Shaffer. 50 plus residents were in attendance. Meeting adjourned at 7:50pm Respectfully submitted Patricia Jindra HRA Commissioner COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY (HRA) Meetinq of: October 24, 2006 AGENDA SECTION: Public Hearing ORIGINATING EXECUTIVE NO: 9 DEPARTMENT: HRA DIRECTOR APPROVAL ITEM: Adopt Resolution 2006-07, Approving the BY: Nick Gravemann BY: 2007 PHA clan and all Related Certifications DATE: October 17, 2006 BACKGROUND The Quality Housing and Work Responsibility Act of 1998 requires all Housing Authorities to prepare an Agency Plan each year. Staff has completed the draft copy of the Columbia Heights Agency Plan for the public to review. A summary of the Plan's contents and a full copy of the draft plan with attachments and supporting documents has been available for review by the public at the central administrative office of the Columbia Heights HRA since the end of August. The Parkview Villa Resident Advisory Board, as well as Anoka County, has been sent the Plan for comment. To date no public comments have been received. HUD requires a variety of components and documents to be incorporated into the plan. They include a mission statement, goals and objectives of the agency, an executive summary, statements of needs and resources, and numerous policy statements. The HRA Board should note that the FY2007 CFP is included in this plan. Next year, there will be a large project to completely, re-caulk the exterior of the building as listed on pg.12. Other projects that will be completed using FY2006 CFP funds are replacing hot water reticulation pluming In garage, 151 floor and 91h floor. As well as interior exterior fire doors, cleaning of venting systems and cement and parking lot repair (Spring 2007). HUD requires a forty-five day review period for allowance of public input. After the Public Hearing on October 24, 2006 the HRA Board can make any final modifications to the plan and authorize staff to submit the final document to HUD. The entire document has been generated by electronic transmission and downloaded through the HUD web page REAC System. The primary emphasis of that plans are to identify quantifiable measure of success in reaching their objective over the course of the plan. RECOMMENDATION: The staff recommends that the HRA board make amendments to the plans if needed. The staff further recommends the HRA board adopt HRA Resolution (unknown resolution), confirming approval of the PHA plan and it's Certifications of Compliance, and further authorizing it's submission to HUD. RECOMMENDED MOTION: Move to close the Public Hearing. RECOMMENDED MOTION: Move to waive the reading of Resolution 2006-07, there being an ample amount of copies available to the public. RECOMMENDED MOTION: Move to Adopt Resolution 2006-07, a Resolution of the Columbia Heights Housing and Redevelopment Authority (HRA) confirming approval of the 2007 Public Housing Agency certifications of compliance with the PHA plans and related regulations, and authorizing it's submission to HUD. HRA ACTION: HRA RESOLUTION 2006-07 RESOLUTION OF THE COLUMBIA HEIGHTS HOUSING & REDEVELOPMENT (HRA) CONFIRMING APPROVAL OF THE 2007 PUBLIC HOUSING AGENCY CERTIFICATIONS OF COMPLIANCE WITH THE PHA PLANS AND RELATED REGULATIONS. WHEREAS, The Department of the Housing and Urban Development has requested that Public Housing Agencies submit a Certification in regard to Public Housing Agency Compliance with the PHA Plans and Related Regulations; and WHEREAS, such Certification aiso requires the formai 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 (Appendix) Public Housing Agency Certifications of Compliance with the PHA Plans and Related Regulations is hereby approved. ADOPTED THIS day of ,2006. MOTION BY: SECONDED BY: AYES: NAYS: Chair- Tammera Diehm Attest by: Waiter R. Fehst, Executive Director PHA Plans U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577-0226 (exp.05/31/2006) Streamlined Annual Version This information collection is authorized by Section 511 oflhe Quality Housing and Work Responsibility Act, which mhlcd a new section SA to the U.S. Housing Act of 1937 that introduced 5-year and annual PHA Plans. The full PHA plan provides a rCildy source for interested parties to locate basic PHA policies, rules, and requirements conccming.the PIlA's operations, programs, and services, and informs IIUD, families served by the PIIA, and members of the public of the PIIA's mission and strategies for serving the needs of low-income and very low-income nlmilics. This form allows eligible PHAs to make a streamlined annual Plan submission 10 I-IUD cOllsislt:llt with 1-IUD's efforts to provide regulatory rt:1ief for certain types of PIIAs. Public rt:porting burden for this infonnutioll collection is estimated to average 11.7 hours per response, including the timc for reviewing instructions, searching existing duta sources, gathering and maintaining thc data needed, und completing and reviewing the collection of information. HUD may not collect this information lIlld respondents are not required to complete this form, unless it displuys a cU1'l'cntly valid OMB Control Numbcr. Privacy Act Notice. The United Statt:s Dcpartment of I lousing and Urban Developmcnt, Fcderalllousing Administrution, is authorizcd to solicit the information requested in this form by virtue ofTitlc 12, U.S. Code, Section 1701 et seq., and regulations promulgated thcrcunder at Title 12, Code of Fcdcral Regulations. Information in PHA plans is publicly availablc. Streamlined Annual PHA Plan for Fiscal Year: 2007 PHA Name: Columbia Heights Housing & Redevelopment Authority NOTE: This i'HA Plan tcmplate (HUD-50075-SA) is to be completed in accordance with instrnctions contained in previous Notices PIH 99-33 (HA), 99-51 (HA), 2000-22 (HA), 2000-36 (HA), 2000-43 (HA), 2001-4 (HA), 2001-26 (HA), 2003-7 (HA), and any relatcd notices HUD may subsequently issue. form HUD-S007S-SA (4/30/2003) Pl-IA Name: I-I^ Code: Streamlined Annual Plan for Fiscal Year 20_ Streamlined Annual PHA Plan Agency Identification PHA Name: Columbia Heights Housing & Redevelopment Authority PHA Number: MNl05 PHA Fiscal Year Beginning: (0112007) PHA Programs Administered: DPublic Housing and Section 8 DSection 8 Only Number of public housing units: Number ofS8 units: Number of S8 units: ~Public Housing Only Number of public housing units: DPHA Consortia: (check box if submitting a joint PHA Plan and complete table) Participating PHAs PHA Program(s) Included in Programs Not in # of Units Code the Consortium the Consortium Each Program Participating PHA 1: Participating PHA 2: Participating PHA 3: PHA Plan Contact Information: Name: Walter R. Fehst TDD: (763) 706-2806 Phone: (763) 706-3610 Email (ifavailable):walt.fehst@ci.columbia-heights.mn.us Public Access to Information Information regarding any activities outlined in this plan can be obtained by contacting: (select all that apply) ~ PHA's main administrative office ~ PHA's development management offices Display Locations For PHA Plans and Supporting Documents The PHA Plan revised policies or program changes (including attachments) are available for public review and inspection. ~ Yes D No. If yes, select all that apply: ~ Main administrative office of the PHA ~ PHA development management offices D Main administrative office of the local, county or State government D Public library D PHA web site D Other (list below) PHA Plan Supporting Documents are available for inspection at: (select all that apply) ~ Main business office of the PHA ~ PHA development management offices Page 2 of16 form HUD-S007S-SA (04/30/2003) PHA Namc: HA Code: Strcamlined Annual Plan for Fiscal Ycar 20_ D Other (list below) Streamlined Annual PHA Plan Fiscal Year 2007 [24 CFR Part 903.12(c)] Table of Contents [24 CFR 903.7(r)] Provide a table of contents for the Plan, including applicable additional requirements, and a list of supporting documents available for public inspection. A. PHA PLAN COMPONENTS D 1. Site-Based Waiting List Policies 903.7(b)(2) Policies on Eligibility, Selection, and Admissions ~ 2. Capital Improvement Needs 903.7(g) Statement of Capital Improvements Needed D 3. Section 8(y) Homeownership 903.7(k)(1)(i) Statement of Homeownership Programs D 4. Project-Based Voucher Programs D 5. PHA Statement of Consistency with Consolidated Plan. Complete only if PHA has changed any policies, programs, or plan components from its last Annual Plan. ~ 6. Supporting Documents Available for Review ~ 7. Capital Fund Program and Capital Fund Program Replacement Housing Factor, Annual Statement/Performance and Evaluation Report ~ 8. Capital Fund Program 5-Year Action Plan 9. Attachments: a. b. c. B. SEPARATE HARD COPY SUBMISSIONS TO LOCAL HUD FIELD OFFICE Form HUD-50076, PHA Certifications of Comvliance with the PHA Plans and Related Rel!ulations: Board Resolution to Accomvanv the Streamlined Annual Plan identifying policies or programs the PHA has revised since submission of its last Annual Plan, and including Civil Rights cetiifications and assurances the changed policies were presented to the Resident Advisory Board for review and comment, approved by the PHA governing board, and made available for review and inspection at the PHA's principal office; For PHAsApplying for Formula CapitaLFundprogram(CFP) Grants: Form HUD-50070, Certification for a Dml!-Free Workvlace: Form HUD-500n, Certification of Payments to Influence Federal Transactions; and Form SF-LLL &SF-LLLa, Disclosure ofLobbvinl! Activities. Page 3 of16 form HUD-S007S-SA (04/30/2003) PHA Name: IIACodc: Streamlined Annual Plan for Fiscal Yenr 20_ 1. Site-Based Waiting Lists (Eligibility, Selection, Admissions Policies) [24 CFR Part 903.12(c), 903.7(b)(2)] Exemptions: Section 8 only PHAs are not required to complete this component. A. Site-Based Waiting Lists-Previous Year I. Has the PHA operated one or more site-based waiting lists in the previous year? If yes, complete the following table; if not skip to B. Site-Based Waitiug Lists Developmeut Date Initial mix of Current mix of Percent Information: Initiated Racial, Ethnic or Racial, Ethnic or change (Name, number, Disability Disability between initial location) Demogmphics Demographics and current since Initiation of mix of Racial, SBWL Ethnic, or Disability demographics 2. What is the number of site based waiting list developments to which families may apply at one time? 3. How many unit offers may an applicant turn down before being removed from the site- based waiting list? 4. 0 Yes [g] No: Is the PHA the subject of any pending fair housing complaint by HUD or any court order or settlement agreement? If yes, describe the order, agreement or complaint and describe how use of a site-based waiting list will not violate or be inconsistent with the order, agreement or complaint below: B. Site-Based Waiting Lists - Coming Year If the PHA plans to operate one or more site-based waiting lists in the coming year, answer each of the following questions; if not, skip to next component. 1. How many site-based waiting lists will the PHA operate in the coming year? Page 4 of16 fonn HUD-50075-SA (04/30/2003) PI-IA Name: Streamlined Anllual Plan for Fiscal Year 20_ IIACode: 2. DYes [gJ No: Are any or all of the PHA's site-based waiting lists new for the upcoming year (that is, they are not part of a previously-HUD-approved site based waiting list plan)? If yes, how many lists? 3. DYes [gJ No: May families be on more than one list simultaneously If yes, how many lists? 4. Where can interested persons obtain more information about and sign up to be on the site- based waiting lists (select all that apply)? D PHA main administrative office D All PHA development management offices D Management offices at developments with site-based waiting lists D At the development to which they would like to apply D Other (list below) 2. Capital Improvement Needs [24 CFR Part 903.12 (c), 903.7 (g)] Exemptions: Section 8 only PHAs are not required to complete this component. A. Capital Fund Program I. [gJ Yes D No Does the PHA plan to patiicipate in the Capital Fund Program in the upcoming year? If yes, complete items 7 and 8 of this template (Capital Fund Program tables). Ifno, skip to B. 2. DYes [gJ No: Does the PHA propose to use any pOliion of its CFP funds to repay debt incurred to finance capital improvements? If so, the PHA must identify in its annual and 5-year capital plans the development(s) where such improvements will be made and show both how the proceeds of the financing will be used and the amount of the annual payments required to service the debt. (Note that separate HUD approval is required for such financing activities.). B. HOPE VI and Public Housing Development and Replacement Activities (Non- Capital Fund) Applicability: All PHAs administering public housing. Identify any approved HOPE VI and/or public housing development or replacement activities not described in the Capital Fund Program Annual Statement. 1. DYes [gJ No: Has the PHA received a HOPE VI revitalization grant? (if no, skip to #3; if yes, provide responses to the items on the chart located on the next page, copying and completing as many times as necessary). 2. Status of HOPE VI revitalization grant(s): Page 5 ofl6 fon" HUD-S007S-SA (04/30/2003) PHAName: HA Code: Streamlined Annual Plan for Fiscal Year 20_ HOPE VI Revitalization Grant Status a. Development Name: b. Development Number: c. Status of Grant: DRevitalization Plan under development DRevitalization Plan submitted, pending approval DRevitalization Plan approved DActivities pursuant to an approved Revitalization Plan undelway 3. D Yes ~ No: Does the PHA expect to apply for a HOPE VI Revitalization grant in the Plan year? If yes, list development name(s) below: 4. D Yes ~ No: Will the PHA be engaging in any mixed-finance development activities for public housing in the Plan year? If yes, list developments or activities below: 5. D Yes ~ No: Will the PHA be conducting any other public housing development or replacement activities not discussed in the Capital Fund Program Annual Statement? If yes, list developments or activities below: 3. Section 8 Tenant Based Assistance--Section 8(v) Homeownership Program (if applicable) [24 CFR Part 903.12(c), 903.7(k)(1)(i)] I. DYes ~ No: Does the PHA plan to administer a Section 8 Homeownership program pursuant to Section 8(y) of the U.S.H.A. of 1937, as implemented by 24 CFR part 982 ? (If "No", skip to the next component; if "yes", complete each pro gram description below (copy and complete questions for each program identified.) 2. Program Description: a. Size of Program D YesD No: Will the PHA limit the number of families participating in the Section 8 homeownership option? If the answer to the question above was yes, what is the maximum number of participants this fiscal year? b. PHA-established eligibility criteria Page 6 ofl6 form HUIJ.50075.SA (04/3012003) PHA Name: I-IA Code: Streamlined Annual Plan for Fiscal Year 20_ D YesD No: Will the PHA's program have eligibility criteria for pmticipation in its Section 8 Homeownership Option program in addition to HUD criteria? If yes, list criteria: c. What actions will the PHA undertake to implement the program this year (list)? 3. Capacity of the PHA to Administer a Section 8 Homeownership Program: The PHA has demonstrated its capacity to administer the program by (select all that apply): D Establishing a minimum homeowner downpayment requirement of at least 3 percent of purchase price and requiring that at least I percent of the purchase price comes from thc family's resources. D Requiring that financing for purchase of a home under its Section 8 homeownership will be provided, insured or guaranteed by the state or Federal government; comply with secondary mortgage market underwriting requirements; or comply with generally accepted private sector underwriting standards. D Partnering with a qualified agency or agencies to administer the program (list name(s) and years of experience below): D Demonstrating that it has other relevant experience (list experience below): 4. Use of the Proiect-Based Voucher Program Intent to Use Project-Based Assistance DYes [g] No: Does the PHA plan to "project-base" any tenant-based Section 8 vouchers in the coming year? If the answer is "no," go to the next component. If yes, answer the following questions. I. DYes D No: Are there circumstances indicating that the project basing of the units, rather than tenant-basing of the same amount of assistance is an appropriate option? If yes, check which circumstances apply: D low utilization rate for vouchers due to lack of suitable rental units D access to neighborhoods outside of high poverty areas D other (describe below:) 2. Indicate the number of units and general location of units (e.g. eligible census tracts or smaller areas within eligible census tracts): 5. PHA Statement of Consistency with the Consolidated Plan [24 CFR Part 903.15] For each applicable Consolidated Plan, make the following statement (copy questions as many times as necessary) only if the PHA has provided a certification listing program or policy chmlges from its last Annual Plan submission. Page7ofl6 form HUD-S007S-SA (04/30/2003) PHA Name: 1-IACode: Streamlined Annual Plan for Fiscal Year 20_ 1. Consolidated Plan jurisdiction: (provide name here) 2. The PHA has taken the following steps to ensure consistency ofthis PHA Plan with the Consolidated Plan for the jurisdiction: (select all that apply) ~ ~ ~ o o The PHA has based its statement of needs offamilies on its waiting lists on the needs expressed in the Consolidated Plan/so The PHA has participated in any consultation process organized and offered by the Consolidated Plan agency in the development of the Consolidated Plan. The PHA has consulted with the Consolidated Plan agency during the development of this PHA Plan. Activities to be undertaken by the PHA in the coming year are consistent with the initiatives contained in the Consolidated Plan. (list below) Other: (list below) 3. The Consolidated Plan of the jurisdiction supports the PHA Plan with the following actions and commitments: (describe below) Page8of16 forl11 HUIl-50075-SA (04/30/2003) PJ-IA Name: I-IA Code: Streamlined Annual Plan for Fiscul Year 20_ 6. SU\lportine: Documents Available for Review for Streamlined Annual PHA Plans PHAs are to indicate which documents are available for public review by placing a mark in the "Applicable & On Display" colunm in the appropriate rows. All listed documents must be on display if applicable to the program activities conducted by the PHA. List of SUl)I)Ortinl! Documents Available for Review Applicable Supporting Document Related Plan Component &On Disnlav PHA Certifications oJCompliance with the PHA Plalls and Related Regulations 5 Year and Annual Plans and Board Resolution to Accompany the Standard Allnual, Stundard Five-Year, and Streamlined Five-Year/Ammal Plans; X PIIA Certifications oJ Compliance with the PHA Plans and Related Regulations Streamlined Annual Plans NA and Board Resolution to Accomnallv the Streamlined AI/Ilual Plan Certification by State or Local Official oJ PHA Plall Consistency with 5 Year and standard Annual X Consolidated Plan. Plans Fair Housing Documentation Supporting Fair Housing Certifications: Records 5 Year and Annual Plans reflecting that the PHA has examined its programs or proposed programs, identified any impediments to fair housing choice in those programs, addressed or is addressing those impediments in a reasonable fashion in view of the resources available, and worked or is working with local jurisdictions to implement any of the jurisdictions' initiatives to affirmatively further fair X housinrr that renuire the PHA's involvement. Housing Needs Statement of the Consolidated Plan for the jurisdiction(s) in Annual Plan: which the PHA is located and any additional backup data to support statement of Housing Needs housing needs for families on the PHA's public housing and Section 8 tenant- NA based waiting lists. Most recent board-approved operating budget for the public housing program Annual Plan: X Financial Resources Public Housing Admissions and (Continued) Occupancy Policy (A&O/ACOP), Annual Plan: Eligibility, which includes the Tenant Selection and Assignment Plan [TSAP] and the Site- Selection, and Admissions X Based Waiting List Procedure. Policies Deconcentration Income Analysis Annnal Plan: Eligibility, Selection, and Admissions X Policies Any policy governing occupancy of Police Officers and Over-Income Tenants in Annual Plan: Eligibility, Public Housing. 0 Check here if included in the public housing A&O Policy. Selection, and Admissions X Policies Section 8 Administrative Plan Annual Plan: Eligibility, Selection, and Admissions NA Policies Public housing rent determination policies, including the method for setting Annual Plan: Rent public housing flat rents. Determination X 121 Check here if included in the public housing A & 0 Policy. Schedule of flat rents offered at each public housing development. Annual Plan: Rent X 121 Check here if included in the public housing A & 0 Policv. Determination Section 8 rent determination (payment standard) policies (if included in plan, not Annual Plan: Rent necessary as a supporting document) and written analysis of Section 8 payment Determination NA standard nolicies. 0 Check here if included in Section 8 Administrative Plan. Public housing management and maintenance policy documents, including Annual Plan: Operations policies for the prevention or eradication of pest infestation (including cockroach and Maintenance X infestation). Results of latest Public Housing Assessment System (PHAS) Assessment (or Annual Plan: Management X other annlicablc assessment). and Onerations Follow~up Plan to Results ofthe PHAS Resident Satisfaction Survey (if Annual Plan: Operations and necessary) Maintenance and NA Community Service & Self- Page9of16 fonn HUD-S007S-SA (04/30/2003) PIIA Name: I-IA Code: Streamlined Annual Plan for Fiscal Year 20_ List of SU1)1)ortine Documcnts A vailablc for Review Applicable Supporting Document Rclated Plan Component &On Disnlav Sufficicncv Results of latest Section 8 Management Assessment System (SEMAP) Annual Plan: Management NA and ODerations Any policies governing any Section 8 special housing types Annual Plan: Operations NA o Check here if included in Section 8 Administrative Plan and Maintenance Public housing grievance procedures Annual Plan: Grievancc X [8J Check here if includcd in the public housing A & 0 Policy Procedures Section 8 informal rcview and hearing procedures. Annual Plan: Grievance NA o Check here if included in Section 8 Administrative Plan. Procedures The Capital Fund/Comprehensive Grant Program Annual Statement Annual Plan: Capital Nceds X /Performance and Evaluation Reoort for any active grant vcar. Most recent ClAP Budget/Progress Report (HUD 52825) for any active ClAP Annual Plan: Capital Needs X grants. Approved HOPE VI applications or, ifmorc recent, approved 01' submitted Annual Plan: Capital Nceds HOPE VI Revitalization Plans, or any other approved proposal for development NA of public housinp. SclfMcvaluation, Needs Assessment and Transition Plan required by regulations Annual Plan: Capital Needs implementing Section 504 of the Rehabilitation Act and the Americans with X Disabilities Act. See PIH Notice 99-52 (HAl. Approved or submitted applications for demolition and/or disposition of public Annual Plan: Demolition NA housing. and Disnosition Approved or submitted a~~~~cations for designation of public housing Annual Plan: Designation of NA (Desivnated Housing Plans. Public Housing Approved or submitted assessments of reasonable revitalization of public Annual Plan: Conversion of housing and approved or submitted conversion plans prepared pursuant to Public Housing section 202 of the 1996 HUD Appropriations Act, Section 22 of the US Housing NA Act of 1937, or Section 33 ofthe US Housing Act of 1937. Documentation for requircd Initial Assessment and any additional information Annual Plan: Voluntary required by HUD for Voluntary Conversion. Conversion of Public NA Housinl! Approved or submitted public housing homeownership programs/plans. Annual Plan: NA Homeownership Policies governing any Section 8 Homeownership program Annual Plan: NA (Section of the Section 8 Administrative Plan) - Homeownershin Public Housing Community Service Policy/Programs Annual Plan: Community NA o Check here if included in Public Housing A & 0 Poliev Service & SclfMSufficicncv Cooperative agrcement between the PHA and the TANF agency and between Annual Plan: Community X the PHA and local emplovmcnt and training service agencies. Service & SclfMSufficiency FSS Action Planes) for public housing and/or Scction 8. Annual Plan: Community NA Service & Self-Sufficiency Section 3 documentation required by 24 CFR Part 135, Subpart E for public Annual Plan: Community NA housing. Service & Self-Sufficiency Most recent selfMsufficiency (ED/SS, TOP or ROSS or other resident services Annual Plan: Community NA grant) PTant nropram renorts for nublie housing. Service & Self-SufficiencY Policy on Ownership of Pets in Public Housing Family Developments (as Annual Plan: Pet Policy required by regulation at 24 CFR Part 960, Subpart G). X o Check here if included in the Dublic housing A & 0 Policy. The results of the most recent fiscal year audit of the PHA conducted under the Annual Plan: Annual Audit Single Audit Act as implemented by OMB Circular AMI33, the results of that X audit and the PHA's response to anv findings. Other supporting documents (optional) (specify as needed) NA (list individually; use as manv lines as necessarv) Consortium agreement(s) and for Consortium Joint PHA Plans Only: Joint Annual PHA Plan for Certification that consortium agreement is in compliance with 24 CFR Part 943 Consortia: Agency pursuant to an opinion of counsel on file and available for inspection. 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"'d '~oq- p-'08.- <~"-<~ 1;; o U "Cl Q) til 8 ,~ ..... '" ~ [t U "' ..... o E-< ...... o o , on o ~ PHA Board Resolution Approving Operating Budget U.S. Department of Housing and Urban Development Office of Public and Indian Housing - Real Estate Assessment Center (PIH-REAC) OMS No. 2577-0026 (exp. 913012006) Pubt1c reportIng burden for this collection of information is estimated to average 10 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 collect this information, and you are not required 10 complete this tonn, unless It displays a currently vaUd 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 low-income public housing program and provides a summary of the 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 public housing agency (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. PHA Name: Columbia Heights Housing and Redevelopment Authority PHA Code: MN105 PHA Fiscal Year Beghming: 2007 Board Resolution Number: ?OOfi-07 Acting on behalf of the Board of Commissioners of the above-uamed PHA as its Chairperson, I make the following certifications and agreement to the Department of Housing and Urban Development (HUD) regarding the Board's approval of (check one or more as applicable): DATE Operating Bndget approved by Board resolution on: 10-24-2006 I]] o o o Operating Budget submitted to HUD, if applicable, on: Operating Budget revision approved by Board resolution on: Operating Budget revision submitted to HUD, if applicable, on: I certify on behalf of the above-named PHA that: I. All statutory and regulatory requirements have been met; 2. The PHA has sufficient operating reserves to meet the working capital needs of its developments; 3. Proposed budget expenditure 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 PHA will comply with the wage rate requirement under 24 CFR 968.110(c) and (I); and 6. The PHA will comply with the requirements for access to records and audits under 24 CFR 968.IIO(i). I hereby certify that all the information stated within, as well as any information provided in the accompaniment herewith, if applicable, 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 and 3802) Print Board Chairperson's Name: Signature: Date: Walter R. Fehs t, Executive Di rectc r Previous editions are obsolete form HUD-52574 (08/2005) iD o o " ~ ci. x ~ ~ o il ~ N ci z .. > e n n ~ m ~ o ~ c . E 0. o .. > . C c . " :; " c . 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E " ~ o Eg- 0'- ~o m' 00 .I N~o ~~~ 00 ,Q6~ ~::J:g WI~ o iti lij ~ ",.2 8 '" '" ~ ~ ~ (,l ~ C II1'C <! :g .c,g.g ~.2 ~ W ~~~~1l~ ~ <!<!c(.ca. <.> '0 .~"6.~:1~~ /}. ~c2~~~~ i:i 111111111111 I'- ....NC'J'<tU)<O ]i Cl'~ ""e & ~.- <! i;j'~E 0. 00 - '~~2E 2~g:~n; eQl"O~E a.I-Wc(O 1111111111 ~ i;n<OI'-OOOlO " 0 8 '~ 5-g ~ ~'<3.g .... S ,g~~ Jij o~5~,-Q1~ <1> ~()tl'iij.!:! ~ ~,~~.g g-~'e u g~~~~':i * I'- :I:.-<'JC'J"fll> ~ o o . " o o '. 'g " , o " . ~ ~ 00 o9'c 'O'~ ~~ 5,2 ()~'- ~~~ CizWO a. II II II U.-NC'J Certification for a Drug-Free Workplace u.s. Department of Housing and Urban Development Applicant Name Columbia Heights Housing and Redevelopment Authority Program/Activity Receiving Federal Grant Funding Parkview Villa Senior High Rise Acting on behalf of the above named AppHcant 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: (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 re-quirements 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 BUD 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.) 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 takeu against employees for violation of such prohibition. b. Establishing an on-going drug-free awareness program to inform employees --- (I) The dangers of drug abuse in the workplace; (2) The Applicant's policy of maintaiaing a drug-free workplaee; (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 --- Parkview Vi lla 965 40th Avenue NE Columbia Heights, MN 55421 Check here 0 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 the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or ~Jvil penalties. (18 U.S.C.1001, 1010, 1012: 31 U.S.C. 3729, 3802) Name of Authorized Official Walter R. Fehst Signature x Title HRA Executive Director Date form HUD-50070 (3/98) ref. Handbooks 7417.1,7475.13, 7485.1 & .3 Streamlined PHA Plan PHA Certifications of Compliance U.S. Department of Housing and Vl'ban Development Office of Public and Indian HOllsing PHA Certifications of Compliance with the PHA Plans and Related Regnlations: Board Resolntion to Accompany the Streamlined Annual PIlA Plan Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed be/ow, as its Chairman 01' other authorized PHA official if there is no Board of Commissioners, 1 approve the submission of the streamlined Annual FHA Plan/or PHAjiscal year beginning _2 O()7, hereinafter referred to as the Streamlined Annual Plan, a/which this document is a parI and make the following certifications, agreements with, and assurances to the Department of Housing and Urban Development (lIUD) in connection with the submission of the Streamlined Plan and implementation thereof 1. The streamlined Annual Plan is consistent with the applicable comprehensive housing affOl'dability strategy (or any streamlined Plan incorporating such strategy) for the jurisdiction in which the PHA is located. 2. The PHA has established a Resident AdvisOl'Y Board 01' Boards, the membership of which represents the residents assisted by the PHA, and provided this Board or Boards an opportunity to review and comment on any program and policy changes since submission of the last Annual Plan. 3. The PI-IA made the proposed streamlined Annual Plan, including policy and program revisions since submission of the last Annual Plan, and all information relevant to the public hearing available for public inspection at least 45 days before the hearing, published a notice that a hearing would be held and conducted a hearing to discuss the streamlined Plan and invited public comment. 4. The PHA will carry out the streamlincd Annual Plan in conformity with Title VI of the Civil Rights Act of 1964, the Fair 1I0using Act, section 504 of the Rehabilitation Act of 1973, and title II of the Americans with Disabilities Act of 1990. 5. The PHA will affirmatively further fair housing by examining their programs or proposed programs, identiCy any impediments to fail' housing choice within those programs, address those impediments in a reasonable fashion in view of the resources available and work with local jurisdictions to implement any of the jurisdiction's initiatives to affinnativdy further fair housing that require the PHA's involvement and maintain recOl'ds retlecting these analyses and actions. 6. For streamlined Annual Plans that include a policy or change in policy for site~based waiting lists: The PHA regularly submits required data to HUD's MTCS in an accurate, complete and timely manner (as specified in PII-{ Notice 99-2); . The system of site-based waiting lists provides for full disclosure to each applicant in the selection of the development in which to reside, including basic information about available sites; and an estimate of the period of time the applicant would likely have to wait to be admitted to units of different sizes and types at each site; . Adoption of site-based waiting list would not violate any court order or settlement agreement or be inconsistent with a pending complaint brought by HUD; . The PHA shall take reasonable measures to asstU'e that such waiting list is consistent with affirmatively furthcring fair housing; . The PHA provides for review of its site-based waiting list policy to determine if it is consistent with civil rights laws and cerlifications, as specified in 24 CFR part 903.7(b)(2). 7. The PHA will comply with the prohibitions against discrimination on the basis of agc pursuant to the Age Discrimination Act of 1975. 8. The PlIA will comply with the Architectural Barriers Act of 1968 and 24 CFR Part 41, Policies and Procedures for the Enforcement of Standards and Requirements for Accessibility by the Physically Ilandicapped, 9. The PIIA will comply with the requirements of section 3 of the Housing and Urban Development Act of 1968, Employmcnt Opportunities for Low-or Very-Low Income Persons, and with its implementing regulation at 24 CFR Part 135, 10. The PHA has submitted with the streamlined Plan a certification with regard to a drug-free workplace required by 24 CFR Part 24, Subpart F. II. The PI-IA has submitted with the streamlined Plan a certification with regard to compliance with restrictions on lobbying required by 24 CFR Part 87, together with disclosure forms if rcquired by this Part, and with restrictions on payments to influence Federal Transactions, in accordance with the Byrd Amendment and implementing regulations at 49 CFR Part 24, 12, The PHA will comply with acquisition and relocation requiremcnts of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable. 13, The PHA will take appropriatc affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.105( aj. 14, The PHA will provide HUD 01' the responsible entity any documentation that the Departmclltlleeds to carry out its rcview under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58, 15, With respect to public housing the PIIA will comply with Davis-Bacon 01' HUD determined wage rate requircmcnts under section 12 of the United States I-lousing Act of 1937 and the Contract Work Hours and Safety Standards Act. 16. The PHA will keep records in accordance with 24 CFR 85.20 and facilitate an effective audit to determine compliance with program rcquirements. Page 1 of 2 form HUD-S0076 (4/30/2003) 17. The PIlA will comply with the Lead-Based Paint Poisoning Prevention Act and 24 CFR Part 35. 18. The PHA will comply with the policies, guidelines, and requirements of OMB Circular No. A-87 (Cost Principles for State, Local and Indian Tribal Governments) and 24 CFR Part 85 (Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments.). 19. The PHA will undertake only activities and programs covered by the streamlined Annual Plan in a manner consistent with its streamlined Annual Plan and will utilize covered grant funds only for activities that arc apPl'Ovable under the regulations and included in its streamlined Plan. 20. All certifications and attachments (if any) to the streamlined Plan have been and will continue to be available at all times and all locations that the PHA streamlined Plan is available for public inspection. All required supporting documents have been made available for public inspection along with the streamlined Plan and additional requirements at the primary business ofnce of the PIIA and at all other times and locations identified by the PHA in its streamlined Annual Plan and will continue to be made available at least at the primary business office of the PIIA. 21.The PHA certifies that the following policies, programs, and plan components have been revised since submission of its last Annual PHA Plan (check all policies, programs, and components that have been changed): 903.7a Housing Needs 903.7b Eligibility, Selection, and Admissions Policies 903.7c Financial Resources 903.7d Rent Determination Policies 903.7h Demolition and Disposition 903.7k Homeownership Programs 903.71' Additional Information ~A. Progress in meeting 5-year mission and goals B. Criteria for substantial deviation and significant amendments _C. Other information requested by HUD ~ 1. Resident Advisory Board consultation process _2. Membership of Resident Advisory Board _3. Resident membership on PHA governing board 22. The PIIA provides assurance as part of this certification regarding its streamlined annual PHA Plan that: (i) The Resident Advisory Board had an opportunity to review and comment on thc changes to the policies and programs before implementation by the PlIA; (ii) The changes were duly approved by the PHA board of directors (or similar governing body); and (iii)The revised policies and programs arc available for review and inspcction, at the principal office of the PI-IA during normal business haUl's. Columbia Heights HRA PHA Name MNI05 . , PHA Number Stream lined Annual PHA Plan for Fiscal Year: 2007 I hereby certify that all the information statcd herein, as well as any information provided in the accompanimcnt herewith, is true and accurate. WUl'lling: HUD will orosecute false claims and statements. Conviction mav result in criminal and/or civil nenalties. (18 U.S.c. 1001 1010 1012' 31 D.S.C. 3729 3802) Name of Aull10rized Official TiUe Wa lter R. Fehs t Executive Director Signature Date x Page 2 of 2 form HUD-50076 (4/30/2003) COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY (HRA) Meetina of: 10/24/2006 AGENDA SECTION: Business Item ORIGINATING EXECUTIVE DIRECTOR NO. 10 DEPARTMENT: HRA APPROVAL ITEM: Adopt Resolution 2006-08, Third BY: Robert Alsop BY: Amendment to Management and DATE: October 17, 2006 Maintenance Agreement BACKGROUND: The Management and Maintenance Services Agreement ("Agreement") with Walker ElderCare Services, Inc. ("Walker") does not include the current Maintenance Wage Rate Determination or the Federal labor standard provisions required under Federal law. The Agreement also does not include any language that would insure that the foregoing provisions are included in any subcontracts or other agreements relating to the care and maintenance of Parkview Villa. The following is a brief summary of the proposed changes to the Agreement recommended by counsel: 1) The subcontracting provision under Section B (8) is amended to (1) require Walker to confirm and certify that proposed subcontractors are not barred from entering into contracts with the HRA under Federal law; and also (2) to insure that all subcontracts contain the applicable labor standard provisions as required under Federal law. 2) Section B (15) is a new provision to the Agreement and contains the applicable labor standard provisions required under Federal law. The applicable labor provisions are attached as Exhibit A and the Maintenance Wage Rate Determination is attached as Exhibit B. This section also authorizes the Agreement to be automatically amended annually when HUD issues an updated Maintenance Wage Rate Determination. Walker is also required to include the foregoing provisions in any subcontract or other service contract executed on behalf of the HRA. 3) Section D (8) of the Agreement authorizes Walker to negotiate and execute certain contracts on behalf of the HRA. Based on discussions with Walker and HRA staff, this section has been amended to reflect the actual prior practices of the parties. Pursuant to this amendment, Walker is authorized to negotiate and execute on behalf of the HRA any contracts up to $2,000 for services, materials and supplies in the approved Operating Budget. Walker will negotiate and submit for approval and execution by the HRA all other contracts, which exceed $2,000 or relate to items not included in the Operating Budget. Again, this provision requires Walker to only work with eligible vendors and also requires Walker to include the required labor standard provisions in each contract. RECOMMENDATION: Staff recommends approval of Resolution 2006-08, authorizing the approval and execution of the Third Amendment to the Management and Services Agreement with Walker ElderCare Services, Inc. RECOMMENDED MOTION: Motion: Move to waive the reading of Resolution 2006-08, there being an ample amount of copies available to the public. Motion: Move to Approve Resolution 2006-08, a Resolution authorizing the approval and execution of the Third Amendment to the Management and Services Agreement with Walker ElderCare Services, Inc.; and furthermore, to authorize the Chair and Executive Director to enter into an agreement for the same. IHRAACTION HOUSING AND REVELOPEMENT AUTHORITY OF COLUMBIA HEIGHTS MINNESOTA RESOLUTION NO. 2006-08 RESOLUTION APPROVING THIRD AMENDMENT MANAGEMENT AND MAINTENANCE SERVICES AGREEMENT WHEREAS, the Board of Commissioners of the Housing and Redevelopment Authority of Columbia Heights, Minnesota, at the recommendation of management and legal counsel, find it necessary to amend the Management and Maintenance Services Agreement with Walker ElderCare Services, Inc. NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners for the Housing and Redevelopment Authority of Columbia Heights, Minnesota, that Management and Maintenance Services Agreement with Walker ElderCare Services, Inc. is hereby amended as attached hereto as Exhibit A. Passed this date of ,2006. MOTION BY: SECONDED BY: ROLL CALL: Ayes: Nays: HOUSING AND REDEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS, MINNESOTA Chair- Tammera Diehm Executive Director- Walter R. Fehst THIRD AMENDMENT MANAGEMENT AND MAINTENANCE SERVICES AGREEMENT WHEREAS, on February 1, 2004, Walker ElderCare Services, Inc. ("Contractor") and Columbia Heights Housing and Redevelopment Authority ("Owner") entered into a Management and Maintenance Services Agreement ("Agreement") for providing management and administrative services for Parkview Villa North and South located at 965 40lh A venue NE, Columbia Heights, Minnesota; and WHEREAS, pursuant to Paragraphs B(2) and M of said Agreement, any changes in the scope of the services to be performed by the Contractor, shall be mutually agreed upon by and between the Owner and Contractor and shall be incorporated into the Agreement by written amendment; and WHEREAS, the Owner and Contractor have subsequently amended the Agreement by executing the First and Second Amendment Management and Maintenance Services Agreement ("First Amendment" and "Second Amendment", respectfully); and WHEREAS, the Owner and Contractor desire to add additional terms and conditions to said Agreement, as evidenced by this written amendment. NOW, THEREFORE, the parties hereto agree to amend said Agreement retroactively from the effective date of said Agreement as set forth below. 1) Section R(S) of the Agreement shall be replaced with the following: 8. Subcontracting. None of the services covered by this Agreement shall be subcontracted without the prior written consent of the Owner. Prior to seeking consent for a subcontractor to perform services under this Agreement, Contractor shall confirm and certify to Owner that the proposed subcontractor is not on the Excluded Parties List System maintained by the General Services Administration. Contractor shall be as fully responsible for the Owner for the acts and omissions of its subcontractors, and of persons directly employed by them, as it is for the acts and omissions of persons directly employed by Contractor. Contractor shall have the right to subrogate and direct or re-direct claims against any subcontractor. Contractor shall execute a written agreement with each subcontractor mandating compliance with the labor standard provisions of this Agreement as well as prohibiting the assignment of the subcontractor's obligations to another patiy. Contactor shall also take necessaty steps to insure that the subcontractor is in compliance with the applicable labor standard provisions, including but not limited to, the payment of the appropriate wage rates and retention of the appropriate wage records. 2) The following provision shall be added to the "Terms and Conditions" of the 296874v1 RAACLl60-81 1 Agreement under Section B thereof: 15. Federal Labor Standards. Owner and Contractor shall abide by all provisions of the applicable Federal labor standards provisions attached hereto as Exhibit A (General Conditions for Non-Construction Contracts - HUD 5370C) and incorporated herein by reference. Owner is referenced in Exhibit A as either "Public Housing Agency" or "HA". The maintenance wage rate determination referenced in Paragraph l(a) of Exhibit A is attached hereto as Exhibit B. The parties shall execute amendments to this Agreement each year when the Maintenance Wage Rate Determination is updated by the United States Department of Housing and Urban Development ("HUD"). Contractor shall include the foregoing Federal labor standards provisions (Exhibit A) and the applicable Maintenance Wage Rate Determination (Exhibit B) in each subcontract executed by Contractor under Section B(8) herein as well as in any contract executed under Section D(8) herein. 3) Section D(8) of the Agreement shall be replaced with the following: 8. Negotiate (secure proposals in accordance with Owner Procurement Policy and Minnesota law) and execute on behalf of the Owner, any contracts up to $2,000.00 for services, materials and supplies, which are included in the approved Operating Budget for either Parkview Villa NOlih or South. With respect to purchases or contracts for services, material or supplies exceeding $2,000.00 or for purchases or contracts not included in the Operating Budget, Contractor shall negotiate (secure proposals in accordance with Owner Procurement Policy and Minnesota law) and submit to the Owner for written approval and execution of the contract or purchase order. For contracts or purchase order exceeding $2,000.00 but less than $15,000.00, HRA approval and execution of the contract or purchase order may be provided by the Executive Director of the HRA. Any contracts or purchase orders exceeding $15,000.00 must be taken before the HRA Board for approval and execution of the contract or purchase order. Contractor shall not execute any contract or propose any contract for approval by the Owner that involves a party named on the Excluded Parties List System maintained by the General Services Administration. All purchases and contracts shall be in the name of the Columbia Heights Housing and Redevelopment Authority and shall include any and all contract provisions required by State or Federal law, including but not limited to the fair labor standard provisions outlined in Section B(15) herein. If any provisions of the Agreement, First Amendment, Second Amendment or this Third Amendment are inconsistent, the terms set forth in this Third Amendment shall govern. All other covenants, terms and conditions ofthe Agreement as amended shall remain unchanged and in full force and effect as originally agreed. 296874v1 RAA CLi60-81 2 WALKER ELDERCARE SERVICES, INC. By: Its: Date: 296874vl RAA CLl60-81 COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY By: Its: Tammera Diehm. Chair Date: By: Its: Walter R. Fehst. Executive Director Date: 3 Exhibit A General Conditions for Non-Construction Contracts - HUD 5370C 296874vl RAA CL160.81 . U.S. Department of Housing and Urban Development Office of Public and Indian Housing Office of Labor Relations OMS Approval No. 2577-0157 (exp. 11/30/2008) Public Repo~ln~ Burden for this collectl~n of Infol1l1atlon, Is estimated to average 0,06 hours per response, IncludIng the time for reviewing instructions, searching eXIsting data sou~Fes, gathenng and malntalnmg the data needed, and completing and reviewing the collection of lnfonnation. Send comments regarding this burden e~tlmate or any other .a~pect of this collection of Information, Including suggestions for reducing this burden, to the Reports Ma~agement Officer, Office of [nfannatlon PoliCIes and Systems, U.S,. Depa~ent of Housing and Urban Development, Washington, D.C. 20410-3600. and to the Office of Management and Budget, Paperwork Reduction Project (2577.0180), Washington, D.C. 20503. Do not send this completed (onn to either of these addressees. General Conditions for Non-Construction Contracts Section II - (With Maintenance Work) Applicability. This form HUD-5370C has 2 Sections. Theae Sections must be Inserted Into non-construction contracts as described below: 1) 2) Non-conatruollon contracts (without maintenance) gooater than $100,000 - use Secllon I; . Maintenance contraots (Including nonroullne maintenance as defined at 24 CFR 968.105) greater than $2,000 but not more than $100,000. use Section II; and Maintenance contracts (including nonroutine maintenance), greater than $100,000 - use Sections i and II. 3) ==================================================== Section II - Labor Standards Provisions for all Maintenance Contracts greater than $2,000 ==================================================== 1. Minimum Wages (a) All maintenance laborers and meohanics employed under this Contract in the operation of the project(s) shall be paid unconditionally and not less often than semi-monthly, and without subsequent deduotlon (except ae otherwise provided by iaw or regulatlona), the full amount ofwages due et time of payment computed at rates not iess than those contained in the wage determination of the Seoretary of HOUSing and Urban Development which Is allached hereto and made a part hereof. Such laborers and mechanics shall be paid the appropriate wage rate on the wage determination for the olassificallon of work actually performed, without ragard to sklil. Labooors or meohanlcs performing work In more than one classificatIon may be compensated at the rate specified for each classIfication for the lime actually worked therein; provided, that the employe~s payroll reoords accurately set forth the lime spant In each classlficetlon in whioh work Is performed. The wage determination, inclUding any addlllonai olasslfications and wage rates approved by HUD under subparagraph 1(b), shall be posted at all times by the Contractor and Its subcontractora at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (b) (i) Any oIass of laborers or mechaniea which Is not listed In the wage determination and which is to be employed under the Contrect shall be classified in conformance with the wage determination. HUD shall approve an addltlonai classification and wage rate only when the following oriteria have been met: (1) The work to be performed by the claaaifieation required is not performed by a oiaaelfieatlon In the wage determination; (2) The classlfioation is utilized In the area by the industry; and (3) The proposed wage rate bears a reasonable reiatlonshlp to the wage rates oontained In the wage determination. (II) The wege rate determined pursuant to this paragraph shall be paid to all workers performing work in the olasslficatlon under this Contract from the first day on whioh work Is performed In the classification. 2. Withholding of funda The Contraoting Officer, upon his/her own action or upon ooquest of HUD, shall withhold or cause to be withheld from the Contractor under this Contract or any other contract SUbject to HUD-determined wage rates, with the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the Contractor or any subcontractor the full amount of wages required by this olause. in the event of failure to pay any laborer or mechanic employed under this Contract all or part of the wages required under this Contract, the Contracting Officer or HUD may, after written notice to the Contractor, take such' action as may be necessary to cause the suspension of any further payment or advance until such violations have ceased. The Public Housing Agenoy or HUD may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due. 3. Records (a) The Contractor and each subcontractor shall make and maintain for three (3) years from the completion of the work records containing the following for each laborer and mechanic: (i) Name, address and Soclai Security Number; (ii) Correct work. classification or classifications; (III) Hourly rate or rates of monetary wages paid; (Iv) Rate or ratea of any fringe benefits provided; (v) Number of daily and weekly hours worked; (vi) Gross wages earned; (vII) Any deductions made; and (viii) Actual wages paid. (b) The Contractor and each subcontractor shall make the records required under paragraph 3(a) available for inspection, copying, or transcription by authorized representatives of HUD or the HA and shall permit such representatives to interview employees during working hours on the job. If the Contraotor or any subcontractor falls to make the required records available, HUD or Its designee may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance or guarantee of funds. 4, Apprentices and Trainees (a) Apprentices and trainees will be permitted to work at less than the predetermined rate for tha work they perform when they are employed pursuant to and Individually registered in: (i) A bona fide apprenticeship program ragistered with the U.S. Dapartment of Labor, Empioyment and Training Administration (ETA), Offlca of Secllon tI- Page 1 of 3 form HUD.5370.c (05/2006) Apprenticeship Training, Employer and Labor Services (OATELS), or with a state apprenticeship agency recognized by OATELS, or If a person Is employed in his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who Is not individually registered In the program,. but who has been certified by OA TELS or a state apprenticeship agenoy (where appropriate) to be eligible for probationary employment as an apprentice; (il) A trainee program which has received prior. approval, evidenced by formal certification by the U.S. Department of Labor, ETA; or (III) A tralnlngllralnee program thet has received prior approval by HUD. (b) Each apprentice or trainee must be paid at not less than the rate spaclfied In the registered or approved program for the apprentlce's/trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified In the applicable wage determination. Apprentices and trainees shall be paid fringe benefits in accordance with the provisions of the registered or approved program. If the program does not specify fringe benefits, apprentices/trainees must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. (c) The allowable ratio of apprentices or trainees to journeyman on the job site In any craft classification shall not be greeter than the ratio permltled to the employer as to the entire work force under the approved program. (d) Any worker employed at an apprentice or trainee wage rate who is not registered in an approved program, and any apprentice or trainee perfonning work on the job site In excess of the ratio permitted under the approved program, shall be paid not iess than the applicable wage rate on the wage determination for the classification of work actually performed. (e) In the event OATELS, a state apprenticeship agency racognized by OATELS or ETA, or HUD, wlthdraws~ approval of an apprenticeship or trainee program, the employer will no longer be permitted to utilize apprentices/trainees at less than the applicable predetermined rate for the work performed until an acceptabla program la approved. 5. Disputes concerning labor standards (a) Disputes arising out of the labor standarda provisions contained in Section II of this form HUD-5370C, other than those in Paragraph 6, shall be subject to the following procedures. Disputes within the meaning of this paragraph include dlsputee between the Contractor (or any of Its subcontractors) and the HA, or HUD, or the employees or their representatives, concerning payment of prevailing wage rates or proper classification. The procedures In this section may be initiated upon HUD's own motion, upon referral of the HA) or upon request of the Contractor or subcontractor(s). (I) A Contractor and/or aubcontractor or other interested party desiring reconsideration of findings of violation by tha HA or HUD relating to the payment of straight-time prevalllog wagas or claesificallon of work shall requeet such raconsidaration by letler postmarked within 30 calandar days of the date of notice of findings Isaued by the HA or HUD, The request shall set forth those findings that are in dispute and the reasons) including any affirmative defenses) with respect to the vloiations. The request shall be dlrectad to the appropriate HA or HUD official In accordance with Instructions contained in the' notica of findings or, If the notica does not specify to whom a !'equest should be made, to the Regional Labor Relations Officer (HUD). (i1) The HA or HUD official ahall, within 60 days (unless otherwise Indicated in the notice of "ndlngs) after receipt of a timaly request for reconsideration) Issue a written decision on the findings of violation. The written decision on reconsideration shall contain instructions that any appeai of the decision shall be addressed to the .Reglonal Labor Relations Officer by letter postmerked within 30 calendar days after the date of the decision. In the event that the Regional Labor Reiatlons Officer was the deciding officiai on reconaideratlon, the appeal shall be directed to the Director, Office of Labor Relations (HUD). Any appeal must set forth the aspects of the dacision that are in dlapute and the reasons, inciuding any affirmative defenses, with respect to the violations. (III) The Raglonal Labor Relellons Officer shell, within 60 days (uniess otherwlsa indicated in the decision on reconsideration) after receipt of a timely appeal, issue a written decision an the findings. A decision of the Regional Labor Relations Officer may be appealed to the Director, Office of Labor Relations, by ietter postmarked within 30 days of the Regional Labor Relations Officer's decision. Any appeal to the Director must set forth the aspects of the prior decision(s) that are in dispute and the reasons. The decision of the Director, Office of Labor Relations, shall be final. (b) Disputes arising out of the labor standards provisions of paragraph 6 shall not be subject to paragraph 6(a) of this form HUD-5370C. Such dlaputes shall be resolved in accordanca with tha procedures of the U.S. Dapartment of Labor sat forth In 29 CFR Parts 5,6 and 7. Disputea within the meaning of this paragraph 5(b) include disputes batween the Contractor (or any of its subcontractors) and the HA, HUD, tha U.S. Dapartment of Labor, or the employees or their representatives. 6, Contract Work Hours and Safaty Standarda Act Tha prOVisions of thie paragraph 6 are appllcabla oniy where the amount of tha prime contract exceeda $100,000. As used in this paragraph, the terms Rlaborers" and lImechanlcs" includes watchmen and guards. (a) Overtime raqulremants, No Contractor or subcontractor contracting for any part of the Contract work which may requira or involve the employment of iaborers or mechanics shall require or permit any such laborer or mechanic In any workweek in which he or she Is employed on such work to work in excass of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half limes tha basic rate of pay for all hours worked In excess of 40 houra in such workweek. (b) Violation: liability for unpaid wagaa; liquidated damages. In the event of any violation of the prOVisions set forth In paragraph 6(a), the Contractor and any Section II . Pege 2 of 3 form HUD-5370.C (05/2006) subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontraotor shall be liable to the United States (in the case of work done under contract for the District of Columble or a territory, to the District or to such territory), for Iiquldatad damages. Such liquidated damages shall be computed with respect to each Indlviduallaborar or machanic, Including watchmen and guards, employed In violation of the provisions set forth in paragraph (a) of this clause, In the sum of $10 for each calendar day on which such indivIdual was required or permitted to work in excess of the standard workweek of 40 hours without paynient of the overtime wages reql,lired by provisIons set forth In paragraph (a) of this clause. (e) Withholding for unpaid wages and IIquldatad damagas. HUD or Its deslgnae shall upon Its own action or upon written request of an authorized representative of the U,S. Department of Laborwithhold or cause to be withhald, from eny moneys payable on account of work parformed by the Contractor or subcontractor under any such Contract or any federal contract with the same prime Contractor, or any other fedarally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which Is hald by the same prime Contractor such sums as may ba datarmlned to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the proviSions set forth in paragraph (b) of this clause. 7. Subcontracts The Contractor or subcontractor shall Insert In any subcontracts all the provisions contained in this Sactlon It and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tisr subcontractor wIth all the provisions contained In these clauses. 8. Non-Federal Prevailing Wage Rates Any prevailing wage rate (including baslo hourly rate and any fringe benefits), datermlned under stata law to ba prevailing, with respect to any employee In any trade or position employed under the Contract, Is inapplicable to the contract and shall not be enforced against the Contraotor or any subc;ontractor, with respect to employeas engagad under the contract whenever such non-Federal prevailing waga rate, axciusive of any fringe benefits, exceads the applicable wage rate datermined by Ihe Secretary of HUD to be prevailing In the iocality with raspect to such trade or position. Seclion II - Page 3 of 3 fonn HUD-6370.C (05/2006) Exhibit B Maintenance Wage Rate Determination -- HUD 52158 296874vl RAA CL160.81 Maintenance Wage Rate U.S. Department of Housing and Determination Urban Development Office of Labor Relations A~ency Name: LR 2000 Agency ID No: Wage Decision Type: Columbia Heights HRA MN028A IZJ Routine Maintenance o Notlroutine Maintenance Page 1 of 2 Effective Date: Expiration Date: January 1,2006 December 31,2006 The following wage rate determination is made pursuant to Section 12(a) of the U.S. Housing Act of 1937, as amended, (public housing agencies), or pursuant to Section 104(b) of the Native American Housing Assistance and Self-determination Act of 1996, as amended, (Indian housing agencies). The agency and its contractors may pay to maintenance laborers and mechanics no less than the wage rate(s) indicated for th~a-20l'k they actually perform. [,Ju' ~MI~G~elatiol1s Specialist 7 ~ lO-Oip Him La )01' Relations Date (Name, Title, Signature) HOURLY WAGE RATES WORK CLASSIFICATiON(S) BASIC WAGE FRINGE BENEFIT(S) (if any) Maintenance Worker $15.23 per I,our N/A Caretaker 10 94 per hour N/A Maintenance Painter 18.06 per hour N/A Maintenance Electrician 31 60 per hour N/A Maintenance Carpenter 21.80 per hour N/A Maintenance Plumber 29.41 per hour N/A Lawn Care 12.34 per hour N/A Snow Removal 12.34 per haul' N/A Window Washing 9.67 per hour N/A Elevator Maintenance 28.40 per hour N/A Sprinkler Fitter 29.41 pel' haul' N/A 0 The agency employee benefit program has been determined by HUD to be acceptable for meeting the prevailing fringe benefit requirements. (HUD Labor Relalions: II applicable. A.c~:andinjlialbeIOW') iP Slaff Initial -- FOR HUD USE ONLY LR2000: Log in: Log out: Form HUD.5215B (04/2005) PREVIOUS EDITION IS OBSOLETE Maintenance Wage Rate U.S. Department of Housing and Determination Urban Development Office of Labor Relations Agency Name: LR 2000 Agency [0 No: Wage Decision Type: Columbia Heights HRA MN028A [2J Routine Maintenance o Nonroutine Maintenance Page 2 of2 Effective Date: Expiration Date: January 1, 2006 December 31, 2006 The following wage rate determination is made pursuant to Section 12(a) of the U.S. Housing Act of 1937, as amended, (public housing agencies), or pursuant to Section104(b) of the Native American Housing Assistance and Self~determination Act of 1996, as amended, (Indian :~ agencies). The agency and its contractors may pay to maintenance laborers and mechanics no less than the wage rate(s) indicated for the pep?f work they actually perform. '-Jt!(t2~~6~iatiol1s Specialist '-l l(J,- (]( Ii ~I-iJD Labor Relations Date T (Name, Title, Signature) HOURLY WAGE RATES WORK CLASSIFICATION(S) BASIC WAGE FRINGE BENEFIT(S) (if any) Heating, Ventilation & Air Conditioning $21.63 per hOllr N/A Cable/Telephone Repairer 19 62 per hour N/A 0 The agency employee benefit pragr am has been determined by HUD to be acceptable for meeting the prevailing fringe benefit requirements. (HUD Labor Relalions: If applicable, cileck box and inilial below,) ~1:staff Initial FOR HUD USE ONLY LR2000: Log in: Log out: PREVIOUS ED1TION 15 OBSOLETE Form HUD.52158 (04/2005) ~ < 0:: u ~ o ,..J ~ Cj z ..... E-i U < ~ E-i Z o u en E-i II: o ..... ~ 0::< <~ ~o:: :::E ;::> ...J o U OJ tJ ~ i::"'~ Q)d1:! ... OJ OJ ,~ ~ ~ ::E OJ i:: ~ 6h OJ t:-:;~ OJ OJ S 'E] ~OJt1 ",<f)~ ~ ::E ~ . uu ~z Pol..... t:l .. , o--l <f) ! ~tJ ~ .~ ~~ ~ O:r ... ~ '" i:: ;,; OJ OJ i::.~ ~ .2! ~ OJ i:: OJ k ';;I <f) 00 ::E <: '5 S OJ OJ ~ ~ ... ~ ~ o tJ ..0 ::l <f) 00 <0 'D ::1 u ~ ., a, 'D M o o M COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY (HRA) Meeting of: October 24, 2006 AGENDA SECTiON: Business items ORIGINATiNG EXECUTIVE DiRECTOR NO: 11 DEPARTMENT: HRA APPROVAL ITEM: Adopt Resolution 2006-09, Approving the BY: Bob Alsop BY: Maintenance/Service Contractina Policv DATE: October 17, 2006 BACKGROUND in a letter from Judy Mcintire of the U.S. Department of Housing and Urban Development ("HUD") dates May 2, 2006, the HRA was advised of certain corrective actions that needed to be taken order to be in compliance with Federally mandated labor standards under Section 12(a) of the U.S. Housing Act of 1937. in particular, Ms. Mcintire noted that a Maintenance/Service Contracting Policy was not in use and or written for Parkview Villa. Furthermore Ms. Mcintire stated that Columbia Heights HRA must develop and implement a policy for contracting vendors at Parkview Villa under the Federal Labor Standards. Attached hereto for the Board's consideration and approval is the Maintenance/Service Contracting Policy. RECOMMENDATION: Staff recommends approval of the Maintenance/Service Contracting Policy. RECOMMENDED MOTION: Motion: Move to waive the reading of Resolution 2006-09, there being an ample amount of copies available to the public. Motion: Move to Adopt Resolution 2006-09, a Resolution Approving the Maintenance/Service Contracting Policy. HRA ACTION: HOUSING AND REVELOPEMENT AUTHORITY OF COLUMBIA HEIGHTS MINNESOTA RESOLUTION NO. 2006-09 RESOLUTION APPROVING MAINTENANCEISERVICE CONTRACTING POLICY WHEREAS, the Board of Commissioners of the Housing and Redevelopment Authority of Columbia Heights, Minnesota, at the recommendation of management and legal counsel, find it necessary to adopt a MaintenancelServices Contracting Policy for Parkview Villa. NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners for the Housing and Redevelopment Authority of Columbia Heights, Minnesota, that the MaintenancelService Contracting Poiicy is hereby approved as attached hereto as Exhibit A. NOW, BE IT FURTHER RESOLVED, by the Board of Commissioners for the Housing and Redevelopment Authority of Coiumbia Heights, Minnesota, that until further notice, the Deputy Executive Director of the HRA is hereby appointed and shall act as the Contracting Officer under Section II of the MaintenancelService Contracting Policy. Passed this date of ,2006. MOTION BY: SECONDED BY: ROLL CALL: Ayes: Nays: HOUSING AND REDEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS, MINNESOTA Chair- Tammera Diehm Executive Director- Walter R. Fehst MAINTENANCE/SERVICE CONTRACTING POLICY P ARKVIEW VILLA HOUSING & REDEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS, MINNESOTA October 2006 I. GENERAL POLICY STATEMENT The Housing and Redevelopment Authority for the City of Columbia Heights ("HRA") adopts this Contracting Policy for purposes of establishing procedures and assigning responsibilities for the administration and enforcement of statutory and regulatory labor standard requirements on maintenance and non-maintenance work performed at its public housing facilities as required under Section 12(a) of the U.S. Housing Act of 1937, as amended. I II. CONTRACTING OFFICER The HRA shall identify a position in which the person holding the position shall be assigned the responsibility of monitoring the implementation of this Contracting Policy. III. MAINTENANCE WAGE RATE REQUIREMENTS A. Applicabilitv The prevailing wage requirements are imposed by Section 12(a) of the U.S. Housing Act of 1937, as amended, and require all maintenance laborers and mechanics employed in the operation of a public housing project (including both routine and non-routine work) to be paid no less than the wage rates prevailing in the locality as determined or adopted by HUD. B. Prevailing Wage Rate Determination The HRA and any contractors or subcontractors engaged in work subject to HUD- determined wage rates shall make sure that wage rate determinations are obtained from HUD for each job classification for which a position exists. All maintenance wage rate determinations shall be posted in a conspicuous location for viewing by all maintenance workers in accordance with HUD regulations. C. Recordkeeping Requirements The HRA and any contractors or subcontractors engaged in work subject to HUD- determined wage rates must make and maintain for three (3) years from the completion of the work records containing information demonstrating compliance with the wage rates established by HUD and applicable to the work performed. These records must at a minimum contain for each laborer and mechanic employed: a. His or her name, address and social security number; b. Correct work classification(s); c. Hourly rate(s) of monetary wages paid; d. Rate(s) of any fringe benefits provided to the employee; ] Many of the provisions of this policy are taken directly from Labor Relations Letter LR-2004-01, which provides guidance in the administration and enforcement of HUD~mandated prevailing wage rate requirements for routine and non-routine maintenance performed on public housing facilities. I e. Number of daily and weekly hours worked; f. Gross wages earned; g. Any deductions taken; and h. Actual wages paid. Such records shall be made available for inspection or transcription by authorized representatives of HUD or the HRA. D. Pavroll Deductions and Frequencv of Wage Pavments The HRA and any contractors or subcontractors engaged in work subject to HUD- determined wage rates must pay to each employee the full amount of wages without any deduction except as otherwise provided by law or regulations. These payments must be made no later than one pay period following the end of the regular pay period in which the wages were earned or accrued. A pay period my not be of any duration longer than semi-monthly. E. Compliance Monitoring. The HRA shall perform contractor compliance monitoring with such frequency and depth as appropriate based upon the scope and duration of the contract involved to ensure that all laborers and mechanics are paid no less than the HUD prevailing wage rate for the type of work they perform. Such compliance monitoring shall include interviews with the employees. Contractors and/or subcontractors shall permit authorized representatives of the HRA or HUD to interview employees during business working hours. IV. CONTRACTING AND SUBCONTRACTING In the event the HRA contracts with third parties for routine or non-routine maintenance work at Parkview Villa, such contracts must include and incorporate the current Maintenance Wage Rate Determination (HUD-52158) as well as the Federal labor standard provisions contained in Section II of HUD-5370C. Prior to awarding such a contract, the HRA shall verify that the prime contractor is eligible to perform the work contracted and is not named on the Excluded Parties List System maintained by the General Services Administration. Such contracts shall also include provisions requiring that the aforementioned Federal labor standard provisions and Maintenance Wage Rate Determination be included in any subsequent agreements with subcontractors. Subcontracting will not be permitted by a contractor without the prior written approval of the HRA and verification that the subcontractor is eligible to perform the work contracted and not named on the Excluded Parties List System maintained by the General Services Administration. 2 RECOMMENDED CHANGES TO HRA CONTRACTING POLICY Per Judy McIntire ofHUD A. Section I Change "maintenance and non-maintenance work to "routine and non-routine maintenance work." B. Section II Identify the specific position or person within the organization that will be responsible for implementing and monitoring compliance with the Contracting Policy. C. Section HI (E) Identify the specific means to be implemented by the HRA in verifying compliance with the applicable prevailing wage requirements per discussions between HRA staff and HUD. (i.e. review of certified payroll records) Revise policy so that payroll records will be reviewed mld complimlce verified prior to the last payment under the contract by the HRA. D. Section IV HUD recommended that the Federal labor standm'd provisions listed under this section should not be limited to Section II ofHUD-5360C. The policy was revised to require all "appropriate" provisions ofHUD-5360C, depending on the size ofthe project. MAINTENANCE/SERVICE CONTRACTING POLICY P ARKVIEW VILLA HOUSING & REDEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS, MINNESOTA October 2006 I. GENERAL POLICY STATEMENT The Housing and Redevelopment Authority for the City of Columbia Heights ("HRA") adopts this Maintenance/Service Contracting Policy for purposes of establishing procedures and assigning responsibilities for the administration and enforcement of statutory and regulatory labor standard requirements ~for routine and non-J:f!.IliiillLJUaintenance--wer1f performed at its public housing facilities as required under Section 12(a) of the U.S. Housing Act of 1937, as amended.! n. CONTRACTING OFFICER The BRA shall identify a position in .:;hich the pel'Son holding the position shall be assigneEl-tfle- l'eSflonsibiHty---eJlleputy Executive Director of the BRA will he tbe nerson ~lrimarilY. responsible for monitoring the implementation of this Maintenance/Service Contracting Policy. and assurinl! tbe BRA's compliance therewith. III. MAINTENANCE WAGE RATE REQUIREMENTS A. Applicability The prevailing wage requirements are imposed by Section 12(a) of the U.S. Housing Act of 1937, as amended, and require all maintenance laborers and mechanics employed in the operation of a public housing project (including both routine and non-routine work) to be paid no less than the wage rates prevailing in the locality as determined or adopted by I-IUD. B. Prevailing Wage Rate Determination The HRA and any contractors or subcontractors engaged in work subject to HUD- determined wage rates shall make sure that wage rate detenuinations are obtained from HUD for each job classification for which a position exists. All maintenance wage rate determinations shall be posted in a conspicuous location for viewing by all maintenance workers in accordance with HUD regulations. C. Recordkeeping Requirements The HRA and any contractors or subcontractors engaged in work subject to HUD- determined wage rates must make and maintain for three (3) years from the completion of the work records containing information demonstrating compliance with the wage rates established by HUD and applicable to the work performed. These records must at a minimum contain for each laborer and mechanic employed: a. I-lis or her name, address and social security number; IMany of the provisions of this policy are taken dh'ectly from Labor Relations Letter LR-2004-0 1, which provides guidance in the administration and enforcement of HUD-mandated prevaiiing wage rate requirements for routine and non-routine maintenance performed on public housing facilities. 1 b. COll'ect work classification(s); c. Hourly rate(s) ofmonetaty wages paid; d. Rate(s) of any fringe benefits provided to the employee; e. Number of daily and weekly hours worked; f. Gross wages earned; g. Any deductions taken; and h. Actual wages paid. Such records shall be made available for inspection or transcription by authorized representatives ofI-lUD or the HRA. D. Payroll Deductions and Frequency of Wage Payments The HRA and any contractors or subcontractors engaged in work subject to HUD- determined wage rates must pay to each employee the full amount of wages without any deduction except as otherwise provided by law or regulations. These payments must be made no later than one pay period following the end of the regular pay period in which the wages were earned or accrued. A pay period mymu not be of any duration longer than semi-monthly. E. Compliance Monitoring. The HRA shall perform contractor compliance monitoring with such frequency and depth as appropriate based upon the scope atld duration of the contract involved to ensure that all laborers and mechanics are paid no less than the HUD prevailing wage rate for the type of work they perform. Such compliance monitoring shall inclade iltterviev:s v:ith the employeesAt a minimum. the HRA shall obtain and review cel'tified paYl'oll recol'ds from evcry contractol' 01' subcontl'actol' cne-alled in wOl'k subject to HlJD- dctermined wa!!e I'ates in ordet. to vel'ify compliance. Comnliance with the HlJD- detel'mined wage rates will be vel'ified by the H~priol' to final payment undel' the applicable contl'act. Contractors and/or subcontractors shall permitmay also be ~red to allow authorized representatives of the HRA or HUD to interview employees during business working hours and I'eview appronriate walle recol'ds to verify =pliance. IV. CONTRACTING AND SUBCONTRACTING In the event the HRA contracts with third parties for routine or non-routine maintenance work at Parkview Villa, such contracts must include and incorporate the current Maintenance Wage Rate Determination (HUD-52158) as well as the al1nropl'iate Federal labor standard provisions contained in"section II of HUD-5370C. Prior to awarding such a contract, the HRA shall verify that the prime contractor is eligible to perform the work contracted and is not named on the Excluded Patiies List System maintained by the General Services Administration. Such contracts shall also include provisions requiring that the aforementionedappropl'iate Federal labor standard provisions and Maintenance Wage Rate Determination be included in any subsequent agreements with subcontractors. Subcontracting will not be permitted by a contractor 2 without the prior written approval of the HRA and verification by the prime contractor that the subcontractor is eligible to perform the work contracted and not named on the Excluded Parties List System maintained by the General Services Administration. 3 ee Ing 0 : coer , AGENDA SECTION: Business Items ORIGINATING EXECUTIVE DIRECTOR NO: 12 DEPARTMENT:HRA APPROVAL ITEM: Adopt Resolution 2006-10, Approving BY: Bob Alsop BY: Maintenance/Services and Subcontractor DATE: October 17, 2006 Aqreements for Parkview Villa COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY (HRA) M f f 0 t b 24 2006 BACKGROUND In a letter from Judy Mcintire of the U.S. Department of Housing and Urban Development ("HUD") dated May 2, 2006, the HRA was advised of certain corrective action that needed to be taken in order to be in compliance with Federally mandated labor standards under Section 12(a) of the U.S. Housing Act of 1937. In particular, Ms. Mcintire noted that the Maintenance Wage Determination (HUD-52158) and the Federal labor standard provisions were not included in the management agreement with Walker ElderCare Services, Inc. ("Walker") or in any subcontracts in place for maintenance work performed by third party vendors at Parkview Villa. Attached hereto for the Board's consideration and approval as to form is the Subcontract Agreement and also the Maintenance/Service Agreement, which incorporates the provisions mandated by HUD. The Board is being asked to approve the following two agreements as to form in order to be in compliance with HUD's mandate for corrective action: SUBCONTRACTOR AGREEMENT Section B (8) of the Management and Maintenance Services Agreement between Walker and the HRA prohibits Walker from subcontracting any of the services covered by the agreement without the prior written consent of the HRA. Although I am not aware of a single service that has been subcontracted out by Walker, I have prepared the attached Subcontractor Agreement pursuant to HUD's request in the event it occurs in the future. The attached Subcontractor Agreement incorporates the requisite labor standard provisions and is not intended to constitute the entire agreement between Walker and the prospective subcontractor. It is expected that Walker and the subcontractor would have an separate oral or written agreement with respect to the services to be performed. MAINTENANCE/SERVICES AGREEMENT Section D (8) of the Management and Maintenance Services Agreement between Walker and the HRA allows Walker personnel to negotiate and execute on behalf of the HRA certain contracts for services, materials, and supplies, which are included in the approved Operating Budget for either Parkview Villa North or South. It appears that most of vendors providing maintenance or services to Parkview Villa are retained under this provision of the Agreement. As a result, these parties are not considered "subcontractors" of the HRA since such contracts or purchase agreements are executed by a Walker official on behalf of the HRA or by an HRA official directly. As a result, I have drafted the attached Maintenance/Services Agreement for Parkview Villa which is intended to be executed for maintenance or services performed at Parkview Villa by third parties. The contract is intended to be executed directly between the HRA and the third party service provider. The Maintenance/Services Agreement incorporates the Maintenance Wage Determination (HUD-52158) and Federal labor standard provisions mandated by HUD along with various other standard provisions applicable for government contracts in Minnesota. The actual nature of the maintenance/service provided and the cost associated thereto is intended to be included as Exhibit A to the agreement. RECOMMENDATION: Staff recommends Adopting Resolution 2006-10, approving the Subcontractor and Maintenance/Services Agreement forms for Parkview Villa. RECOMMENDED MOTION: Motion: Move to waive the reading of Resolution 2006-10, there being an ample amount of copies available to the public. Motion: Move to Adopt Resolution 2006-10, a Resolution Approving the Maintenance/Services and Subcontractor Agreement forms for Parkview Villa. HRA ACTION: HOUSING AND REVELOPEMENT AUTHORITY OF COLUMBIA HEIGHTS RESOLUTION NO. 2006-10 RESOLUTION APPROVING MAINTENANCE/SERVICE AND SUBCONTRACT AGREEMENTS WHEREAS, on February 1, 2004, Walker ElderCare Services, Inc, ("Walker") and Columbia Heights Housing and Redevelopment Authority ("the HRA") entered into a Management and Maintenance Services Agreement ("Agreement") for providin~ management and administrative services for Parkview Villa North and South located at 965 - 40 Avenue NE, Columbia Heights, Minnesota; and WHEREAS, Section B(8) of the Agreement allows Walker to enter into subcontract agreements for services covered under the Agreement after obtaining written approval of the HRA; and WHEREAS, Section 0(8) allows Walker to negotiate and execute contracts on behalf of the HRA for services, materials and supplies which are inciuded in the Operating Budgets for Parkview Villa; and WHEREAS, Federal law requires that contracts for the maintenance of public housing facilities contain certain Federal labor standard provisions and maintenance wage rate determinations; and WHEREAS, the Board of Commissioners of the Housing and Redevelopment Authority of Columbia Heights, Minnesota, at the recommendation of management and legal counsel, find it necessary to approve as to form the Subcontractor Agreement and Maintenance/Services Agreement attached hereto as Exhibit A and B, respectively, NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners for the Housing and Redevelopment Authority of Columbia Heights, Minnesota, that the Subcontractor Agreement and Maintenance/Service Agreement, attached hereto as Exhibits A and B, respectively, are hereby approved as to form for use with current and future parties who perform maintenance services (both routine and non-routine) at Parkview Villa, NOW, BE IT FURTHER RESOLVED, by the Board of Commissioners for the Housing and Redevelopment Authority of Columbia Heights, Minnesota, that Walker and HRA representatives are authorized and directed to execute the appropriate agreements under the Management and Maintenance Services Agreement to comply with Federal law, Passed this date of ,2006, MOTION BY: SECONDED BY: ROLL CALL: Ayes: Nays: HOUSING AND REDEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS, MINNESOTA Chair- Tammera Diehm Executive Director- Walter R. Fehst MAINTENANCE/SERVICES AGREEMENT FOR P ARKVIEW VILLA THIS AGREEMENT is made this _ day of ,20_, by and between COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY ("the HRA"), and ("Contractor"). WHEREAS, the HRA is a public body corporate and politic of the State of Minnesota that owns and operates celtain residential housing known as Parkview Villa located at 965 - 40'h Avenue NE in Columbia Heights, Minnesota; and WHEREAS, the HRA intends to retain Contractor for purposes of performing celtain maintenance and/or services at Parkview Villa as more fully set forth herein; and WHEREAS, the parties intend for this Maintenance/Services Agreement to contain all the terms and conditions of the agreement between the parties; AGREEMENT NOW, THEREFORE, as a condition of Contractor being allowed to perform certain maintenance and/or services at Parkview Villa, the parties agree as follows: 1. Terms and Conditions. The specific maintenance to be completed .or services to be performed by Contractor at Parkview Villa are outlined in Exhibit A attached hereto along with maimer and amount of compensation to be paid to the Contractor by the HRA. 2. Labor Relations. The I-IRA and Contractor shall also comply with all provisions of the Federal labor standards attached hereto as Exhibit B (General Conditions for Non- Construction Contracts - HUD 5370C) and incorporated herein by reference. References in Exhibit B to either the "Public Housing Agency" or "HA" shall refer to the Columbia Heights Housing and Redevelopment Authority. The maintenance wage rate determination referenced in paragraph lea) is attached hereto as Exhibit C and shall be amended annually by the United States Department of Housing and Urban Development ("HUD"). If any provisions of this Agreement and its exhibits are inconsistent, the terms set forth in Exhibit B shall govern. All other covenants, terms and conditions of the Agreement and exhibits shall remain unchanged and in full force and effect as originally agreed. 3. Assignabilitv. Contractor's maintenance and/or service obligations at Parkview Villa aI'e not assignable and Contractor is prohibited from subcontracting with any other entity or person(s) for any of the maintenance and/or services to be performed at Parkview Villa for the I-IRA. 4. Interest of Members of HRA. Contractor agrees that no member of the governing body, officer, employee, or agent of the HRA shall have any interest, financial or otherwise, direct or indirect, in the Agreement. 295340vl RAA CLl60-81 5. Equal OpPOliunitv Statement. Contractor agrees to comply with the provisions of all applicable federal, state, city and HRA statutes, ordinances, regulations and policies pertaining to civil rights and nondiscrimination including without limitation Minnesota Statutes, Section 181.59, incorporated herein by reference. 6. Transfer of Interest. Contractor shall not assign any interest in the Agreement, and shall not transfer any interest in the same either by assignment or novation, without the prior written approval of the I-IRA, provided, however, that claims for money due or to income due to Contractor may be assigned to a bank, trust company, or other financial institution, or to a Trustee in Bankruptcy without such approval. Notice to any such assignment or transfer shall be furnished to the HRA. 7. Independent Contractor. Nothing contained in this agreement is intended to, or shall be construed in any mmmer, as creating or establishing the relationship of employer/employee between the parties. Contractor shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. The HRA shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers Compensation Insurance as Contractor is an independent contractor. 8. Hold Harmless. Contractor agrees to defend, indemnify and hold hmmless the I-IRA, its officers, agents and employees, from any liabilities, claims, damages, costs, judgments, and expenses, including attorney's fees, resulting directly or indirectly from an act or omission of the Contractor, its einployees, its agents, in the performance of the services provided by this Agreement or by reason of the failure of Contractor to fully perform, in any respect, all of its obligations under this Agreement. 9. Accounting Standards. Contractor agrees to maintain the necessary source documentation and enforce sufficient internal controls as dictated by normally accepted accounting practices to properly account for expenses incurred under this Agreement. 10. Retention of Records. Contractor shall retain all records peliinent to expenditures incurred under this Agreement for a period of three yems after the resolution of all audit findings. Records for non-expendable propeliy acquired with funds under this Agreement shall be retained for three years after final disposition of such property. 11. Disclosure. Contractor agrees to comply with the Minnesota Government Data Practices Act, Mitmesota Statutes, Chapter 13, and all other applicable state and federal laws relating to data privacy or confidentiality. Contractor shall immediately report to the HRA any requests from third parties for information relating to this Agreement. All data created, collected, received, stored, used, maintained, or disseminated by Contractor in performing its obligations is subject to the requirements of the Act, and Contractor must comply with those requirements as if it were a government entity. The HRA agrees to promptly respond to inquiries from Contractor concerning data requests. Contractor agrees to hold the HRA, its officers, department heads and employees harmless from any claims resulting from Contractor's 295340v1 RAA CLl60-81 2 failure to disclose data maintained by Contractor authorized for release by the HRA, and from Contractor's unlawful disclosure or use of data protected under state and federal laws. 12. Inspections. All Contractor records with respect to any matters covered by this Agreement shall be made available to the HRA or its designees as any time during normal business hours, as often as the HRA deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. 13. Governing Law. This Maintenance/Services Agreement will be construed and enforced in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have executed tillS Maintenance/Services Agreement on the respective dates set forth below. CONTRACTOR By: Its: Authorized Representative Date: HOUSING AND REDEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS By: Its: Chair Date: By: Its: Executive Director Date: 295340vl RAA CL160-81 3 Exhibit A Terms and Conditions 295340vl RAA CLl60-81 Exhibit B General Conditions for Non-Construction Contracts - HUD 5370C 295340vl RAA CL160-81 . U.S. Department of Housing and Urban Development Office of Public and Indian Housing Office of Labor Relations OMS Approval No. 2577-0157 (exp.11/30/2008) Public Repo~in~ Burden for this collecti~n of 1nfom:'atlon, Is estimated to average 0.08 hours per response, including the time for reviewing instructions, searching eXIsting dala.sou~_fes. gathenng and mamtalnmg the data needed, and completing and reviewing the collection of infoffilation. Send comments regarding thIS butden est/mate or an~ other aspect of this collectlon Of Information, Including suggestfons fqr reducing this burden. to the Reports Ma~agement Officer, Office of Information Policies and Systems, U.s. Department of Housing and Urban Development, Washington, D.C. 20410-3600, and to ~he Office of Management and Budget, PapelWork Reduction Project (2577-0180), Washington, D.C. 20503. Do not send this completed form to either of these addressees. General Conditions for Non-Construction Contracts Section II - (With Maintenance Work) Applicability. This fonn HUD-6370C has 2 Sections. These Sections must be Inserted Into non-construction contracts as described below: 1) Non-construction GOntracts (without maintenance) greater than $100,000 - use Section I; 2) Maintenance contracts (including naoroutine maintenance as defined at 24 CFR 988.105) greater than $2,000 but not more than $100,000 - use Section II; and 3) Maintenance contracts {including non routine maintenance), greater than $100,000 - use Sections I and II, =========~========================================== Section 11- Labor Standards Provisions for all Maintenance Contracts greater than $2,000 ==================================================== 1. Minimum Wages (a) All maintenance laborers and mechanics employed under this Contract in the operation of the project(s) shall be paid unconditionally and not less often than semi-monthly, and without subsequent deduction (except as otherwise provided by law or regulations), the full amount of wages due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Housing and Urban Development which Is attached hereto and made a part hereof. Such laborers and mechanics shall be paid the appropriate wage rate on the wage determination for the classification of work actually performed, without regard to skill. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification In which work is perfonned. The wage determination, including any additional classifications and wage rates approved by HUD under subparagraph 1(b), shall be posted at all limes by the Contractor and its subcontractors at the site of the work In a prominent and accessible place where it can be easily seen by the workers. (b) (i) Any ciass of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate only when the following criteria have been met: (1) The work to be performed by the ciassincation required Is not performed by a classification in the wage determination; (2) The classification is utilized in the area by the industry; and (3) The proposed wage rate bears a reasonable relationshIp to the wage rates contained in the wage determination. (II) The wage rate determined pursuant 10 this paragraph shall be paid to all workers performing work 2. if1 the classification under this Contract from the first day on which work is performed in the classification. Withholding of funds The Contracting Officer, upon hisfher own action or upon request of HUD, shali withhold or cause to be withheld from the Contractor under this Contract or any other contract subject to HUD--determined wage rates, with the same prime Contractor, so m~ch of the accrued payments or advances as may be conSidered necessary to pay laborers and mechanics employed by the Contractor or any subcontractor the full amount of wages required by this clause. In the event of failure to pay any laborer or mechanic emjjloyed under this Contract all or part of the wages required under this Contra'?t, the Contracting Offiqer or HUD may, after written notice to the Contractor take such action as may be necessary to cause the suspens'ion of any further payment or advance until such violations have ceased. The Public Housing Agency or HUD may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due. 3. Records (a) The Contractor and each subcontractor shall make and maintain for three (3) years from the completion of the work records containing the following for each laborer and mechanic: (I) Name, address and Social Security Number; (ii) Correct work classification or classifications; (Iii) Hourly rate or rates of monetary wages paid; (iv) Rate or rates of any fringe benefits provided; (v) Number of daily and weekly hours worked; (vi) Gross wages earned; (vii) Any deductions made; and (viii) Actual wages paid. (b) The Contractor and each subcontractor shall make the records required under paragraph 3(a) available for inspection, copying, or transcription by authorized representatives of HUD or the HA and shall permit such representatives to interview employees during working hours on the job. If the Contractor or any subcontractor fails to make the required records available, HUD or Its designee may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance or guarantee of funds. 4. Apprentices and Trainees (a) Apprentices and trainees will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in: (i) A bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration (ETA), Office of Section II - Page 1 of 3 fonn HUD-5370-C (05/2006) Apprenticeship Training, Employer and Labor Services (OATELS), or with a state apprenticeship agency recognized by OA TELS, or if a person is employed In his/her first 90 days of probationary employment as an apprentice In such an apprenticeship program. who is not individually registered In the program, but who has been certified by OA TELS or a state apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice: (ii) A trainee program which has received prior approval, evidenced by formal certific~tion by the U.S. Department of Labor, ETA; or (Hi) A training/trainee program that has received prior approval by HUD. (b) Each apprentice or trainee must be paid at not less than the rate specified In the registered or approved program for the apprentlce's/trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices and trainees shall be paid fringe benefits in accordance with the provisions of the registered or approved program. If the program does not specify fringe benefits, apprentices/trainees must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. (c) The allowable ratio of apprentices or trainees to journeyman on the job site in any craft classification shall not be greater than the ratio pennitted to the employer as to the entire work force under the approved program. (d) Any worker employed at an apprentice or trainee wage rate who is not registered in an approved program, and any apprentice or trainee performing work on the job site In excess of the ratio permitted under the approved program, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. (e) In the event OATELS, a state apprenticeship agency recognized by OATELS or ETA, or HUD, withdraws approval of an apprenticeShip or trainee program, the employer will no longer be permitted to utilize apprentices/trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 5. Disputes concerning labor standards (a) Dispules arising out of the labor standards provisions contained in Section II of this form HUD.5370C, other than those in Paragraph 6, shall be subject to the following procedures. Disputes withIn the meaning of this paragraph include disputes between the Contractor (or any of its subcontractors) and the HA, or HUD, or the employees or their representatives, concerning payment of prevailing wage rates or proper classification. The procedures in this section may be Initiated upon HUD's own motion, upon referral of the HA, or upon request of the Contractor or subconlractor(s). (1) A Contractor and/or subcontractor or other interested party deSiring reconsideration of findings of violation by the HA or HUD relating to the payment of straight-time prevailing wages or classification of work shall request such reconsideration by letter postmarked within 30 calendar days of the date of notice of findings Issued by the HA or HUD. The request shall set forth those findings that are in dispute and the reasons, including any affirmative defenses, with respect to the violations. The request shall be directed to lhe appropriate HA or HUD official in accordance with Instructions contained in the' notice of findings or, if the notice does not specify to whom a request should be made, to the Regional.Labor Relations Officer (HUD). (ii) The HA or HUD official shall, within 60 days (unless othelWise indicated in the notice of findings) after receipt of a timely request for reconsideratlon, issue 'a written decision on the findings of violation. The written decision on reconsideration shall contain Instructions that any appeal of the decision shall be addressed to the .Regional labor Relations Officer by letter postmarked within 30 calendar days after the date of the decision. In the event that the Regional Labor Relations Officer was the deciding official on reconsideration. the appeal shalf be directed to the Director, Office of Labor Relations (HUD). Any appeal must set forth the aspects of the decision that are in dispute and the reasons, inclUding any affirmative defenses, with respect to the violations. (iii) The Regional Labor Relations Officer shall, within 60 days (unless otherwise indicated in the decisIon on reconsideration) after receipt of a timely appeal, issue a written decision on the findings. A decisIon of the RegIonal Labor Relations Officer may be appealed to the Director, Office of Labor Relations, by letter postmarked within 30 days of the Regional labor Relations Officer's decision. Any appeal to the Director must set forth the aspects of the prior decision(s) that are in dispute and the reasons. The decision of the Director, Office of Labor Relations, shall be final. (b) Disputes arising out of the labor standards provisions of paragraph 6 shall not be subject to paragraph 5(a) of this form HUD.5370C. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this paragraph 5(b) include disputes between the Contractor (or any of its subcontractors) and the HA, HUD, the U.S. Department of Labor, or the employees or their representatives. 6. Contract Work Hours and Safety Standards Act The provisions of this paragraph 6 are applicable only where the amount of the prime contract exceeds $100,000. As used In this paragraph! the tenns "Iaborers~ and umechanics" includes watchmen and guards. (a) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which may require or Involve the employment of laborers or mechanIcs shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensatIon at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (b) Violation; liability for unpaid wages; liqUidated damages. In the event of any violation of the provisions set forth in paragraph 6(a), the Contractor and any Section 11- Page 2 of 3 form HUD.5370.C (05/2006) subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to the District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of Ihe provisions set forth In paragraph (a) of this clause, in the sum of $10 for each calendar day on which such Individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by provisions set forth in paragraph (a) of this clause. (c) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon i~s own action or upon wrltten request of an authorized representative of the U.S. Department of Labor withhold or cause 10 be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such Contract or any federal contract with the same prlme Contractor, or any other federally-assisted contract subject to Ihe Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor such sums as may be detennined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the prOVisions set forth in paragraph (b) of Ihis clause. .7. Subcontracts The Contractor or subcontractor shall insert in any subcontracts aU the provisions contained in this Section II and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts, The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with aU the provisions contained in these clauses. 8. Non-Federal Prevailing Wage Rates Any prevailing wage rate (including basic hourly rate and any fringe benefils), determined under slate law to be prevailing, with respect to any employee in any trade or position employed under the Contract, is inapplicable to Ihe contract and shali not be enforced against the Contractor or any subcontractorl with respect to employees engaged under the contract whenever such non-Federal prevailing wage rate, exclusive of any fringe benefits, exceeds the applicabie wage rate determined by the Secretary of HUD to be prevailing in the locality with respect to such trade or posltlon. Section II H Page 3 of 3 form HUD-5370.C (05/2006) Exhibit C Maintenance Wage Rate Determination -- HUD 52158 295340vl RAA CLl60-81 Maintenance Wage Rate U.S. Department of Housing and Determination Urban Development Office of Labor Relations Agency Name: LR 2000 Agency 10 No: Wage Decision Type: Columbia Heights HRA MN028A [.2g Routine Maintenance o Nonroutine Maintenance Page 1 of 2 Effective Date: Expiration Date: January 1, 2006 December 31,2006 The following wage rate detenninatioll is made pursuant to Section 12(a) of the U.S. Housing Act of 1937, as amended, (public housing agencies), or pursuant to Section 104(b) of the Native American Housing Assistance and Self-determination Act of 1996, as amended, (Indian housing agencies). The agency and its contractors may pay to maintenance laborers and mechanics no less than the wage rate(s) indicated for tile Z 01 work t11ey actually perlo~m. LJ(k2zl~G~elatiol1s Specialist ~ ~ LO-Qi,p Him Labor Relations Date (Name, Title, Signature) - ..- HOURLY WAGE RATES WORK CLASSIFICATION(S) BASIC WAGE FRINGE BENEFIT(S) (il any) Maintenance Worker $15.23 per I,our N/A Caretaker 10 94 per hour N/A Maintenance Painter 18.06 per hour N/A Maintenance Electrician 31.60 per 11OUl" N/A Maintenance Carpenter 21.80 per hour N/A Maintenance Plulllber 29.41 per hour N/A Lawn Care 12.34 per hour N/A Snow Rellloval 12.34 per hoUl" N/A Window Washing 9.67 per hour N/A Elevator Maintenance 28.40 per haUl" N/A Sprinkler Fitter 29.41 per hour N/A D The agency employee benefit program has been determined by HUD to be acceptable for meeting the prevailing fringe benefit requirements. ;~;~" R,',lioo" "'ooli"b',. chec boxandinilialbelow.) A IV/r LR 'Slalf Initial FOR HUD USE ONLY LR2000: Log in: Log out: Form HUO.52158 (04/2005) PREVIOUS EDITION IS OBSOLETE Maintenance Wage Rate U.S. Department of Housing and Determination Urban Development Office of Labor Relations Agency Name: LR 2000 Agency 10 No: Wage Decision Type: Columbia Heights HRA MN028A [:8J Routine Maintenance o Nonroutine Maintenance Page 2 of 2 Effective Date: Expiration Date: January 1, 2006 Decernber31,2006 The following wage rate determination is made pursuant to Section 12(a) of tile U.S. Housing Act of 1937, as amended, (public housing agencies), or pursuant to Section 104(b) of the Native American Housing Assistance and Self-determination Act of 1996, as amended, (Indian housing agencies). The agency and its contractors may pay to maintenance laborers and mechanics no less than the wage rate(s) indicated for ~~;t:"ti'"' Sp'''''''' 't Lo<~ . D Labor Relations Date (Name, Tille, Signature) .. . HOURLY WAGE RATES WORK CLASSIFICATION(S) I=FRINGE BENEFIT(S) (if any)__ BASiC WAGE Heating, Ventilation & Air Conditioning $21.63 per hour N/A CablelTelephone I~epairer 19.62 per I,our N/A 0 The agency employee benefit program has been determined by HUD to be acceptable for meeting the prevailing fringe benefit requirements. (HUG Labor Retatiolls: llapplic<3ute. check box and iniHal below.) ~~tafflnitial FOR HUD USE ONLY LR2000: Log in: Log out: Form HUO.52156 (04/2005) PREVIOUS EDITION 18 OBSOLETE SUBCONTRACTOR AGREEMENT MAINTENANCE/SERVICES FOR PARK VIEW VILLA THIS AGREEMENT is made this _ day of between WALKER ELDERCARE SERVICES, INC. ("Subcontractor"). , 20_, by and ("Contractor"), and RECITALS WHEREAS, on February 1, 2004, Contractor and Columbia Heights Housing and Redevelopment Authority ("Owner") entered into a Management and Maintenance Services Agreement ("Agreement") for providing management and administrative services for Parkview Villa located at 965 - 40th Avenue NE, Columbia Heights, Minnesota; and WHEREAS, pursuant to the terms of the Agreement as amended, Contractor is required to include certain standard labor provisions in all subcontracts for maintenance and/or services performed at Parkview Villa by a subcontractor; and WHEREAS, Subcontractor has been retained by Contractor to perform certain maintenance and/or services at Parkview Villa; NOW, THEREFORE, as a condition of Subcontractor performing maintenance and/or services at Parkview Villa, the patiies agree as follows: 1. Contractor and Subcontractor shall abide by all provIsIOns of the applicable Federal labor standards provisions attached hereto as Exhibit A (General Conditions for Non- Construction Contracts - HUD 5370C). References in Exhibit A to either the "Public Housing Agency" or "HA" shall refer to the Columbia Heights Housing and Redevelopment Authority. The maintenance wage rate determination referenced in paragraph l(a) is attached hereto as Exhibit B and shall be amended annually by the United States Department of Housing and Urban Development ("HUD"). 2. Subcontractor's maintenance and/or service obligations at Parkview Villa are not assignable and Subcontractor is prohibited from subcontracting with any other entity or person(s) for any of the maintenance and/or services to be perfol111ed at Parkview Villa for Contractor. 3. The provisions of this Agreement do not represent the entire agreement between the patiies but instead are in addition to any other written or oral agreement between the patiies with respect to the maintenance and/or services to be performed by Subcontractor for Contractor at Parkview Villa. 297363v\ RAACLl60-8\ 1 WALKER ELDERCARE SERVICES, INC. By: Its: Date: 297363vl RAil CL160-81 By: Its: Date: 2 Exhibit A General Conditions for Non-Construction Contracts - HUD 5370C 297363vl RAA CLi60-81 Exhibit A U.S. Department of Housing and Urban Development Office of Public and Indian Housing Office of Labor Relations OMS Approval No. 2577-0157 (exp. 11/30/2008) Public ~epo~in.g Burden for this colleCli?" of inforn:'ati~n. is estimated to average 0.08 hours per response, including the time for reviewing instructions, searchrng eXlstln~ data,sources, gat~enng and maintaining the data needed, and completing and reviewing the collection of information. Send comments regardrng this burden ~stlmate or any other .a~pect of this collection of information, including suggestions for reducing this burden, to the Reports Ma~agement Offic~r, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C. 20410-3600, and to the Office of Management and Budget, Paperwork Reduction Project (2577-0180), Washington, D.C. 20503. Do not send this completed form to either of these addressees. General Conditions for Non-Construction Contracts Section 11- (With Maintenance Work) Applicability. This form HUD.5370C has 2 Sections. These Sections must be inserted Into non-construction contracts as described below: 1) Non-construction contracts (without maintenance) greater than $100,000 - use Section I; 2) Maintenance contracts (including non routine maintenance as defined at 24 CFR 968.105) greater than $2,000 but not more than $100,000 - use Section II; and 3) Maintenance contracts (including nonroutine maintenance), greater than $100,000 - use Sections I and II. ==================================================== Section II - labor Standards Provisions for all Maintenance Contracts greater than $2,000 ==================================================== 1. Minimum Wages (a) All maintenance laborers and mechanics employed under this Contract in the operation of the project(s) shall be paid unconditionally and not less often than semi-monthly, and without subsequent deduction (except as otherwise provided by law or regulations), the full amount of wages due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Housing and Urban Development which is attached hereto and made a part hereof. Such laborers and mechanics shall be paid the appropriate wage rate on the wage determination for the classification of work actually performed, without regard to skill. laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination, including any additional classifications and wage rates approved by HUD under subparagraph 1(b), shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (b) (i) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate only when the following criteria have been met: (1) The work to be performed by the classification required is not performed by a classification in the wage determination; (2) The classification is utilized in the area by the industry; and (3) The proposed wage rate bears a reasonable relationship to the wage rates contained in the wage determination. (ii) The wage rate determined pursuant to this paragraph shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. 2. Withholding of funds The Contracting Officer, upon his/her own action or upon request of HUD, shall withhold or cause to be withheld from the Contractor under this Contract or any other contract subject to HUD~determined wage rates, with the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the Contractor or any subcontractor the full amount of wages required by this clause. In the event of failure to pay any laborer or mechanic employed under this Contract all or part of the wages required under this Contract, the Contracting Officer or HUD may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment or advance until such violations have ceased. The Public Housing Agency or HUD may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due. 3. Records (a) The Contractor and each subcontractor shall make and maintain for three (3) years from the completion of the work records containing the following for each laborer and mechanic: (i) Name, address and Social Security Number; (ii) Correct work classification or classifications. (Iii) Hourly rate or rates of monetary wages paid; (Iv) Rate or rates of any fringe benefits provided; (v) Number of daiiy and weekly hours worked; (vi) Gross wages earned; (vii) Any deductions made; and (viii) Actual wages paid. (b) The Contractor and each subcontractor shall make the records required under paragraph 3(a) available for inspection, copying, or transcription by authorized representatives of HUD or the HA and shall permit such representatives to interview employees during working hours on the job. If the Contractor or any subcontractor fails to make the required records available, HUD or its designee may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance or guarantee of funds. 4. Apprentices and Trainees (a) Apprentices and trainees will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in: (i) A bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration (ETA), Office of Section II - Page 1 of 3 form HUD-5370-C (05/2006) Apprenticeship Training, Employer and Labor Services (OA TELS), or with a state apprenticeship agency recognized by OATELS, or if a person is employed in his/her first 90 days of probationary employment 85 an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by OA TELS or a state apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice; (Ii) A trainee program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, ETA; or (iii) A training/trainee program that has received prior approval by HUD. (b) Each apprentice or trainee must be paid at not less than the rate specified in the registered Of approved program for the apprentice's/trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices and trainees shall be paid fringe benefits in accordance with the provisions of the registered or approved program. If the program does not specify fringe benefits, apprentices/trainees must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. (c) The allowable ratio of apprentices or trainees to journeyman on the job site in any craft classification shall not be greater than the ratio permitted to the employer as to the entire work force under the approved program. (d) Any worker employed at an apprentice or trainee wage rate who is not registered in an approved program, and any apprentice or trainee performing work on the job site in excess of the ratio permitted under the approved program, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. (e) In the event OATELS, a state apprenticeship agency recognized by OATELS or ETA, or HUD, withdraws approval of an apprenticeship or trainee program, the employer will no longer be permitted to utilize apprentices/trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 5. Disputes concerning labor standards (a) Disputes arising out of the labor standards provisions contained in Section II of this form HUD-5370C, other than those in Paragraph 6, shall be subject to the following procedures. Disputes within the meaning of this paragraph include disputes between the Contractor (or any of its subcontractors) and the HA, or HUD, or the employees or their representatives, concerning payment of prevailing wage rates or proper classification. The procedures in this section may be initiated upon HUD's own motion, upon referral of the HA, or upon request of the Contractor or subcontractor(s). (i) A Contractor and/or subcontractor or other interested party desiring reconsideration of findings of violation by the HA or HUD relating to the payment of straight-time prevailing wages or classification of work shall request such reconsideration by letter postmarked within 30 calendar days of the date of notice of findings issued by the HA or HUD. The request shall set forth those findings that are in dispute and the reasons, including any affirmative defenses, with respect to the violations. The request shall be directed to the appropriate HA or HUD official in accordance with instructions contained in the notice of findings or, if the notice does not specify to whom a request should be made, to the Regional Labor Relations Officer (HUD). (ii) The HA or HUD official shall, within 60 days (unless othelWise indicated in the notice of findings) after receipt of a timely request for reconsideration, issue a written decision on the findings of violation. The written decision on reconsideration shall contain instructions that any appeal of the decision shall be addressed to the Regional Labor Relations Officer by letter postmarked within 30 calendar days after the date of the decision. In the event that the Regional Labor Relations Officer was the deciding official on reconsideration, the appeal shall be directed to the Director, Office of Labor Relations (HUD). Any appeal must set forth the aspects of the decision that are in dispute and the reasons, including any affirmative defenses, with respect to the violations. (iii) The Regional Labor Relations Officer shall, within 60 days (unless otherwise indicated in the decision on reconsideration) after receipt of a timely appeal, issue a written decision on the findings. A decision of the Regional Labor Relations Officer may be appealed to the Director, Office of Labor Relations, by letter postmarked within 30 days of the Regional Labor Relations Officer's decision. Any appeal to the Director must set forth the aspects of the prior decision(s) that are in dispute and the reasons. The decision of the Director, Office of Labor Relations, shall be final. (b) Disputes arising out of the labor standards provisions of paragraph 6 shall not be subject to paragraph 5(a) of this form HUD-5370C. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this paragraph 5(b) include disputes between the Contractor (or any of its subcontractors) and the HA, HUD, the U.S. Department of Labor, or the employees or their representatives. 6. Contract Work Hours and Safety Standards Act The provisions of this paragraph 6 are applicable only where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" includes watchmen and guards. (a) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one~half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the provisions set forth in paragraph 6(a), the Contractor and any Section II - Page 2 of 3 form HUD-5370-C (05/2006) subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to the District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the provisions set forth in paragraph (a) of this clause, in the sum of $1 0 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by provisions set forth in paragraph (a) of this clause. (c) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the U.S. Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such Contract or any federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the provisions set forth in paragraph (b) of this clause. 7. Subcontracts The Contractor or subcontractor shall insert in any subcontracts all the provisions contained in this Section II and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the provisions contained in these clauses. 8, Non-Federal Prevailing Wage Rates Any prevailing wage rate (including basic hourly rate and any fringe benefits), determined under state law to be prevailing, with respect to any employee in any trade or position employed under the Contract, Is inapplicable to the contract and shall not be enforced against the Contractor or any subcontractor, with respect to employees engaged under the contract whenever such non-Federal prevailing wage rate, exclusive of any fringe benefits, exceeds the applicable wage rate determined by the Secretary of HUD to be prevailing in the locality with respect to such trade or position. Section II - Page 3 of 3 form HUD-5370-C (05/2006) 297363v\ RAA CLl60-8\ Exhibit B Maintenance Wage Rate Determination -- HUD 52158 Exhibit B Maintenance Wage Rate U.S. Department of Housing and Determination Urban Development Office of Labor Relations Agency Name: LR 2000 Agency 10 No: Wage Decision Type: Columbia Heights HRA MN028A IZJ Routine Maintenance o Nonroutine Maintenance Page 1 of 2 Effective Date: Expiration Date: January 1, 2006 December 31, 2006 The following wage rate determination is made pursuant to Section 12{a) of the U,S. Housing Act of 1937, as amended, (public housing agencies), or pursuant to Section 104(b) of the Native American Housing Assistance and Self.determination Act of 1996, as amended, (Indian housing agencies). The agency and its contractors may pay to maintenance laborers and mechanics no less than the wage rate(s) indicated for theZ of work they actually perform. ~~1,~' ~. .~ ~ LO,Ofp [)Ji. cl , G or Relations Specialist - H(JD La or Relations Date (Name, Title, Signature) HOURLY WAGE RATES WORK CLASSIFICATION(S) BASIC WAGE FRINGE BENEFIT(S) (if any) - - Maintenance Worker $15.23 per Ilour N/A Caretaker 10.94 per hour N/A Maintenance I"ainter 18 06 per hour N/A Maintenance Electrician 31.60 per Ilour N/A Maintenance Carpenter 21.80 per hour N/A Maintenance Plumber 29.41 per hour N/A Lawn Care 12.34 per hour N/A Snow Removal 12.34 per hour N/A Window Waslling 9.67 per hour N/A Elevator Maintenance 28.40 per hour N/A Sprinkler Fitter 29.41 per hour N/A D The agency employee benefit program has been determined by HUD to be acceptable for meeting the prevailing fringe benefit requirements. ~~'ObOC R,""oo" If 'oo""b',. /7;";00' Im"o' b,'ow.) uk Staff Initial FOR HUD USE ONLY LR2000: Log in: Log out: PREVIOUS EDlTlON IS OBSOLETE Form HUD.52158 (0412005) Maintenance Wage Rate U.S. Department of Housing and Determination Urban Development Office of Labor Relations Agency Name: LR 2000 Agency 10 No: Wage Decision Type: Columbia Heights HRA MN028A [Zl Routine Maintenance D Nonroutine Maintenance Page 2 of 2 Effective Date: Expiration Date: January 1, 2006 December 31,2006 The following wage rate determination is made pursuant to Section 12(a) of the U.S. Housing Act of 1937, as amended, (public housing agencies), or pursuant to Section 1 04(b) of the Native American Housing Assistance and Self-determination Act of 1996, as amended, (Indian zzgenCies). The agency and its contractors may pay to maintenance laborers and mechanics no less than the wage rate(s) indicated for the pe of work they actually perform. ~~ltI~ttRE;lations Specialist I'-W" (]liL- D Labor Relations Date (Name, Titie, Signature) HOURLY WAGE RATES WORK CLASSIFICATION(S) -- ..- BASIC WAGE FRINGE BENEFIT(S) (if any) .---- .~_._--- Heating, Ventilation & Air Conditioning $21.63 per Ilollr N/A Cable/Telephone Repairer 19.62 per hOllr N/A D Tile agency employee benefit I program has been determined i by HUD to be acceptable for meeting the prevailing fringe benefit requirements. (HUD Labor Relations: II applicable, check box and initial below.) ;1/ ;(1staff Initial FOR HUD USE ONLY LR2000: Log in: Log out: PREVIOUS EDITION IS OBSOLETE Form HUD.S2158 (04120IlS) COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY (HRA) Meeting of: October 24, 2006 AGENDA SECTION: Items for Consideration ORIGINATING EXECUTIVE NO: 13 DEPARTMENT:HRA DIRECTOR APPROVAL ITEM: Adopt Resolution 2006.11, Adopting the BY: Bob Lindig BY: Proposed 2007 Budget for Parkview Villa DATE: October 18, 2006 North BACKGROUND: Parkview Villa North (PWN) consists of 101 units of public housing, located at 965 40lh Avenue Northeast. PWN serves seniors and disabled persons. PWN was constructed in 1975 with funds from the U.S. Department of Housing and Urban Development. Walker ElderCare Services, Inc. provides management services to PWN. Expenditures The proposed 2007 budget for PWN is 1$519.90~. The amount includes $101,041 for capital outlays, based on the 2006 CFP grant from HUD. Excluding capital outlay, which was not budgeted in 2006 and the 2007 budget represents a 4.2% increase, or $16,816, over last year's budget. The majority of the increase can be attributed to the increased management fees of $24,138 greater than the 2006 budget. as approved in January 2006. The increase in management fees is partially offset by savings in other areas, primarily by reducing the budget for expert and professional services. Utility budgets have been increased over the 2006 budgeted amounts. Other line items will remain substantially the same as in prior years' budgets, allowing for some inflation and additional increases in repairs and maintenance as the building continues to age. Revenues Total proposed revenue is 1$528.446 land includes rents of 1$290,6301, Department of Housing and Urban Development operating subsidy ofl$121,2001, Department of Housing and Urban Development Capital Funding Program funds of $101 ,041, Investment Income of $5,000, and other miscellaneous charges. Capital Improvement Plan The apartment modernization capital improvement plans previously developed will continue to be implemented. RECOMMENDATION MOTION: Staff recommends adopting Resolution 2006.11, the 2007 PW North Budget. RECOMMENDED MOTION: Move to adopt Resolution 2006-11, being a Resolution of the Housing and Redevelopment Authority in and for the City of Columbia Heights, adopting the 2007 Parkview Villa North Budget of [$519,90~and recommending this to the City Council for approval. HRA ACTION: H:\HRAConsent2006\Res.2006-11 2007 PW North Budget HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR COLUMBIA HEIGHTS HRA RESOLUTION 2006-11 RESOLUTION OF THE HOUSING AND REDEVELOPMENT AUTHORITY ADOPTING THE 2007 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 (PWN), 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: 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 ,2006. Attest by: Tammera Diehm, Chair Walter R. Fehst, Executive Director City of Columbia Heights 2007 Budget work sheet Department Proposed I Actual Actual Adopted Department Manager Council Expense Expense Budget Proposed Proposed Adopted 2004 2005 2006 2007 2007 2007 PERSONAL SERVICES 1000 ACCRUED SALARIES 1011 PART-TIME EMPLOYEES 1,063 1070 INTERDEPARTMENTAL LABOR SERV 15,294 22,288 1080 INTERDEPARTMENTAL LABOR CR 1210 P.E.RA CONTRIBUTION 91 1220 F.I.CA CONTRIBUTION 126 1300 INSURANCE 1510 WORKERS COMP INSURANCE PREM 1700 ALLOCATED FRINGE 589 1800 INTERDEPARTMENTAL FRINGE CR (98) TOTALS: PERSONAL SERVICES 17,064 22,288 SUPPLIES 2000 OFFICE SUPPLIES 1,950 1,988 2,000 2,000 2,000 2010 MINOR EQUIPMENT 2,795 9,905 1,350 1,000 1,000 2011 COMPUTER EQUIPMENT 1,000 2020 COMPUTER SUPPLIES 1,000 1,000 2030 PRINTING & PRINTED FORMS 32 50 265 265 2070 TRAINING & INSTR SUPPLIES 700 50 2160 MAl NT. & CONSTRUCT MATERIALS 14,311 4,688 7,000 10,000 10,000 2161 CHEMICALS 462 1,100 2171 GENERAL SUPPLIES 7,243 10,313 10,000 7,000 7,000 2172 UNIFORMS 2175 FOOD SUPPLIES 46 508 400 500 500 2280 VEHICLE PARTS TOTALS: SUPPLIES 27,077 27,865 22,950 21,765 21,765 OTHER SERVICES & CHARGES 3020 ARCHITECT/ENGINEER FEES 3040 LEGAL FEES 3041 ATTORNEY FEES-CIVIL PROCESS 33,732 2,500 5,000 5,000 3050 EXPERT & PROFESSIONAL SERVo 2,008 6,409 15,340 30,477 30,477 3060 MANAGEMENT SERVICES 112,873 114,674 117,920 142,058 142,058 3100 PROTECTIVE SERVICES 803 400 400 400 3105 TRAINING & EDUC ACTIVITIES 592 400 1,000 1,000 3210 TELEPHONE & TELEGRAPH 1,883 2,116 1,800 2,300 2,300 3220 POSTAGE 127 228 150 600 600 3250 OTHER COMMUNICATIONS 141 64 200 200 200 3310 LOCAL TRAVEL EXPENSE 31 107 100 330 330 3320 OUT OF TOWN TRAVEL EXPENSE 150 3500 LEGAL NOTICE PUBLISHING 250 250 250 3600 INSURANCE & BONDS 29,022 22,966 18,709 14,233 14,233 3810 ELECTRIC 34,584 41,028 37,100 45,900 45,900 3820 WATER 10,795 9,734 8,750 11,000 11,000 3830 GAS 41,088 61,621 61,000 70,100 70,100 3840 REFUSE 4,262 3,558 4,250 3,800 3,800 3850 SEWER 7,026 5,880 5,650 7,200 7,200 4000 REPAIR & MAl NT. SERVICES 29,489 70,572 40,000 42,000 42,000 4030 EXTRAORDINARY MAINTENANCE P1 City of Columbia Heights 2007 Budget work sheet Department Proposed Actual Actual Adopted Department Manager Council Expense Expense Budget Proposed Proposed Adopted Line Item Descri tlon 2004 2005 2006 2007 2007 2007 4050 GARAGE, LABOR BURD, 4100 RENTS & LEASES 24 1,200 78 78 4200 PROGRAM ACTIVITIES 4300 MISC, CHARGES 118 2 100 100 100 4315 PILOT 19,054 17,628 18,600 15,748 15,748 4330 SUBSCRIPTION, MEMBERSHIP 38 4335 TENANT SERVICES 360 4349 INSURANCE DEDUCTIBLE 1,000 1,000 1,000 4374 EMPLOYEE RECOGNITION 4376 MISCELLANEOUS CIVIC AFFAIRS 4380 COMMISSION & BOARDS 400 4390 TAXES & LICENSES 87 341 100 2,724 2,724 4395 STATE SALES TAX 4,750 3,413 6,000 4500 ADMINISTRATIVE EXPENSES 4850 INTEREST ON DEPOSITS 244 182 250 600 600 TOTALS: OTHER SERVICES & CHARGE 297,643 395,649 342,679 397,098 397,098 CAPITAL OUTLAY 5120 BUILDING & IMPROVEMENT 102,771 86,200 101,041 101,041 5130 IMPROV, OTHER THAN BUILDINGS 5170 OFFICE EQUIPMENT 5180 OTHER EQUIPMENT TOTALS: CAPITAL OUTLAY 102,771 86,200 101,041 101,041 OTHER FINANCING USES 7100 OPER, TRANSFER OUT - LABOR 23,041 7431 TRANSFER OUT SPECIAL PROJECT 8100 CONTINGENCIES 8110 VANDALISM TOTALS: OTHER FINANCING USES 23,041 TOTALS: PARKVIEW VILLA NORTH 444,555 532,001 388,670 519,904 519,904 TOTALS: PARKVIEW VILLA NORTH 444,555 532,001 388,670 519,904 519,904 GRAND TOTALS: 444,555 532,001 388,670 519,904 519,904 P2 City of Columbia Heights 2007 Revenue Budget work sheet Department Proposed Actual Actual Adopted Department Manager Council Revenue Revenue Budget Proposed Proposed Adopted 2004 2005 2006 2007 2007 2007 33160 FEDERAL GRANT 231,065 225,507 90,000 222,241 222,241 34114 EXCESS UTILITIES 5,119 5,040 5,268 4,850 4,850 36210 INTEREST ON INVESTMENTS 16,608 12,639 5,000 5,000 5,000 36219 CHANGE IN FAIR VALUE (720) (4,144) 36220 GEN. GOVERNMENT RENTS 283,173 293,062 285,144 290,630 290,630 36225 NON DWELLING RENTS 3,365 2,677 2,625 2,625 36290 OTHER MISC. REVENUE 851 3,505 2,844 3,100 3,100 39101 GAIN/LOSS FIXED ASSET 39120 RECOVERY DAMAGE CITY PROP 39130 EQUIPMENT RENTAL 39140 OTHER REF. & REIMBURSEMENT TOTALS: REVENUE 539,461 538,285 388,256 528,446 528,446 TOTALS: PARKVIEW VILLA NORTH 539,461 538,285 388,256 528,446 528,446 GRAND TOTALS: 539,461 538,285 388,256 528,446 528,446 P3 COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY (HRA) Meeting of October 24, 2006 AGENDA SECTION: Business Items ORIGINATING EXECUTIVE NO: 14 DEPARTMENT: HRA DIRECTOR APPROVAL ITEM: Adopt Resolution 2006-12, Adopting BY: Bob Lindig BY: the Proposed 2007 Budget for Parkview DATE: October 18, 2006 Villa South Ih BACKGROUND. Parkvlew Villa South (PWS) IS a 45-unlt apartment bUilding, located at 965 40 Avenue Northeast. PWS serves low-income seniors age 55 and older. PWS was constructed in 1991. PWS is owned by the Economic Development Authority and managed by Walker ElderCare Services, Inc. Expenditures The proposed 2007 budget for PWS is 1$242,6391. This represents a 4.7% or $9,932 increase over last year's budget. Increases include $15,519 in management fees, pursuant to the change in fee structure approved in January 2006. This increase is partially offset by an $8,859 reduction in budgeted Expert & Professional Services. The utility budgets for 2007 are somewhat lower than the budgets for 2006, due to expected decrease in cost of gas. The cost of supplies in 2007 is budgeted at an increase of 16.16% or $1,600 over 2006 to allow for replacement of aging appliances. Revenues Proposed gross revenues are 1$ 280,4701 and include rents of 1$273,2771 investment income of 1$2,500 land other miscellaneous charges. The rent budget takes into account the limited rent increase proposal approved at the July 2006 HRA meeting. That proposal mitigates the impact of rent increases otherwise due to be implemented for 15 residents who would be severely and adversely affected by the final transition to the new rent structure approved in 2004. RECOMMENDATION MOTION: Staff recommends adopting Resolution 2006-12 the 2007 PWS Budget. RECOMMENDED MOTION: Motion: Move to waive the reading of Resolution 2006-12, there being an ample amount of copies available to the public. Motion: Move to adopt Resolution 2006-12, a Resolution of the Housing and Redevelopment Authority in and for the City of Columbia Heights adopting the 2007 PWS Budget of 1$242,6391 and recommending this budget to the City Council for approval. HRA ACTION: H:\HRA COIlsentl006\Adopt Res.2006-12 2007 PVV South Budget HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR COLUMBIA HEIGHTS HRA RESOLUTION 2006-12 RESOLUTION OF THE HOUSING AND REDEVELOPMENT AUTHORITY ADOPTING THE 2006 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 (PWS), 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: 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 ,2006. Attest by: Walter R. Fehst, Executive Director Tammera Diehm, Chair City of Columbia Heights 2007 Budget work sheet Department Proposed Actual Actual Adopted Department Manager Council ~ Expense Expense Budget Proposed Proposed Adopted 2004 2005 2006 2007 2007 2007 PERSONAL SERVICES 1000 ACCRUED SALARIES 1070 INTERDEPARTMENTAL LABOR SERV 13,159 18,710 1300 INSURANCE 1700 ALLOCATED FRINGE 676 TOTALS: PERSONAL SERVICES 13,835 18,710 SUPPLIES 2000 OFFICE SUPPLIES 706 986 750 750 750 2010 MINOR EQUIPMENT 1,854 259 625 2,000 2,000 2011 COMPUTER EQUIPMENT 500 2020 COMPUTER SUPPLIES 500 500 2030 PRINTING & PRINTED FORMS 16 2070 TRAINING & INSTR SUPPLIES 350 25 2160 MAINT. & CONSTRUCT MATERIALS 2,107 2,155 5,150 5,000 5,000 2161 CHEMICALS 231 550 2171 GENERAL SUPPLIES 2,497 3,898 2,200 3,000 3,000 2172 UNIFORMS 2175 FOOD SUPPLIES 45 254 100 250 250 TOTALS: SUPPLIES 7,574 7,783 9,900 11,500 11,500 OTHER SERVICES & CHARGES 3041 ATTORNEY FEES-CIVIL PROCESS 30,865 2,500 2,500 2,500 3050 EXPERT & PROFESSIONAL SERVo 4,133 2,019 17,875 9,016 9,016 3060 MANAGEMENT SERVICES 57,300 57,301 58,872 73,991 73,991 3100 PROTECTIVE SERVICES 401 400 400 400 3105 TRAINING & EDUC ACTIVITIES 295 200 500 500 3210 TELEPHONE & TELEGRAPH 941 1,004 900 1,150 1,150 3220 POSTAGE 67 112 75 300 300 3250 OTHER COMMUNICATIONS 70 32 100 3310 LOCAL TRAVEL EXPENSE 15 55 50 165 165 3320 OUT OF TOWN TRAVEL EXPENSE 75 3430 ADVERTISING OTHER 500 500 3500 LEGAL NOTICE PUBLISHING 125 125 125 3600 INSURANCE & BONDS 12,930 5,893 2,640 7,116 7,116 3810 ELECTRIC 17,600 19,390 18,800 22,150 22,150 3820 WATER 4,942 4,326 4,000 4,700 4,700 3830 GAS 19,114 16,165 19,000 22,500 22,500 3840 REFUSE 1,479 1,776 2,125 1,850 1,850 3850 SEWER 1,256 1,889 1,500 2,440 2,440 4000 REPAIR & MAl NT. SERVICES 40,478 32,405 29,000 30,000 30,000 4030 EXTRAORDINARY MAINTENANCE 4100 RENTS & LEASES 19 600 39 39 4200 PROGRAM ACTIVITIES 4300 MISC. CHARGES 1,663 201 200 200 200 4315 PILOT 15,867 18,448 16,500 19,909 19,909 4330 SUBSCRIPTION, MEMBERSHIP 19 4335 TENANT SERVICES 20 4374 EMPLOYEE RECOGNITION 4376 MISCELLANEOUS CIVIC AFFAIRS P1 City of Columbia Heights 2007 Budget work sheet Department Proposed Actual Actual Adopted Department Manager Council Expense Expense Budget Proposed Proposed Adopted Deseri ti6n 2004 2005 2006 2007 2007 2007 COMMISSION & BOARDS 150 TAXES & LICENSES 2,214 683 2,500 1,363 1,363 STATE SALES TAX 1,418 1,471 2,000 ADMINISTRATIVE EXPENSES INTEREST ON DEPOSITS 43 110 100 225 225 TOTALS: OTHER SERVICES & CHARGE 181,570 194,861 180,287 201,139 201,139 CAPITAL OUTLAY 5120 BUILDING & IMPROVEMENT 21,377 5,000 30,000 30,000 5130 IMPROV. OTHER THAN BUILDINGS 25,000 5170 OFFICE EQUIPMENT 5180 OTHER EQUIPMENT (23,177) TOTALS: CAPITAL OUTLAY (1,800) 30,000 30,000 30,000 OTHER FINANCING USES 7100 OPER. TRANSFER OUT - LABOR 10,233 7411 TRANSFER OUT TO PWS 8100 CONTINGENCIES 8110 VANDALISM TOTALS: OTHER FINANCING USES 10,233 TOTALS: PARKVIEW VILLA SOUTH 201,179 221,355 230,420 242,639 242,639 TOTALS: PARKVIEW VILLA SOUTH 201,179 221,355 230,420 242,639 242,639 GRAND TOTALS: . 201,179 221,355 230,420 242,639 242,639 P2 City of Columbia Heights 2007 Revenue Budget work sheet Department Proposed 213! Actual Actual Adopted Department Manager Council Ok Revenue Revenue Budget Proposed Proposed Adopted Line Item 2004 2005 2006 2007 2007 2007 34114 EXCESS UTILITIES 2,723 2,735 2,758 2,736 2,736 36210 INTEREST ON INVESTMENTS 4,074 3,510 6,365 2,500 2,500 36219 CHANGE IN FAIR VALUE (177) (1,151) 36220 GEN. GOVERNMENT RENTS 200,338 225,292 237,828 298,153 267,050 36225 NON DWELLING RENTS 4,501 5,804 8,741 6,227 6,227 36290 OTHER MISC. REVENUE 3,037 2,431 1,591 1,957 1,957 39120 RECOVERY DAMAGE CITY PROP 39140 OTHER REF. & REIMBURSEMENT TOTALS: REVENUE 214,497 238,621 257,283 311,573 311,573 TOTALS: PARKVIEW VILLA SOUTH 214,497 238,621 257,283 311,573 311,573 GRAND TOTALS: 214,497 238,621 257,283 311,573 280,470 (1--2---- l ::J_...-J --..--"-".~. HRA MEMBERS: Tammera Diehm-Chair Bruce Nawrocki Bobby Williams Bruce Kclzenberg Dennis Ecklund Jr. Patricia Jindra CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TOO (763) 706-3692 Visit Our Website at: IVww.ci.columbia-heig/us.l1Ifl,US COLUMBIA HEIGHTS HOUSING AND DEVELOPMENT AUTHORITY DATE: October 17, 2006 TO: All HRA Commission Members FROM: Cher Bakken, Secretary RE: Discussion on Internal Transfer Policy It was requested by Commissioner Bruce Nawrocki, that the HRA board discuss the current Internal Transfer Policy for Parkview Villa_ I have attached the Internal Transfer Policy, Internal Transfer Agreement, HRA Consent Letter dated January 25, 2005 and the minutes of that meeting approving the documents for your review. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER INTERNAL TRANSFER POLICY As of January I, 2005 all internal transfers will be handled in the below fashion. Should a tenant request an internal transfer to another apartment, the tenant will be required to fill out an application which will be placed on the "local residential" waiting list in order, by date. In the event that a unit comes available and it is not what the tenant desires, tenant may "pass" at that time. Tenant may pass on two offers, after that, the tenant would be placed at the bottom of the waiting list. (All applications would be treated the same way as a regular applicant). There will be a $400.00 internal transfer fee to any resident that will participate in this transfer. All Parkview Villa South residents that apply to transfer to the North building, will have the $400.00 transfer fee waived, if their lease was signed here at Parkview Villa South prior to April 20, 2004, and if they are placed on the waiting list for an internal transfer, by application, dated before December 31, 2006. All South residents that have signed a lease after April 20,2004 will be required to pay the internal transfer fee of$400.00. In the event that there is a 2-bedroom apartment unit available in the South Building and if the 2-bedroom waiting list of applicants has been exhausted, this would then become available to anyone-person resident at the 2- bedroom rent price. This is either for an internal transfer or for a new tenant move-in. However, this too would require an application to be complete by. the prospective tenant and put on the waiting list and treated the same as any regular applicant on the waiting list. The Parkview Villa Management will treat any verbal acknowledgement of the desire to make any of the listed internal moves as an inquiry until the application is completed. CD INTERNAL TRANFER AGREEMENT I the resident of # 965 40th Ave NE am giving a 30-day notice to complete a internal transfer from the above listed unit to # . Today's date is and I am fully aware that there is a $400.00 internal transfer fee to complete this as it is a preference move and will pay the fee in one installment unless otherwise agreed-upon with the Parkview Villa Management Office. I also understand that all proximity cards (key cards) will need to be returned for the unit I am vacating and I will be issued new cards for the new unit, including visitor/family/friend cards. Notes: Res;...l_,..t-'- _:.,_~"".....t......... ~~... J.J.1,. ., .:HO.L..I.I..l.u..L "'" Date - Management's signature Date CZJ COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY (HRA) Meeting of: January 25,2005 GENDA SECTION: Items for Consideration 0: 8-D ORIGINATING DEPARTMENT: HRA EXECUTIVE DIRECTOR APPROVAL TEM: Policy for the Internal Transfers and A eement Form Y: Dana Welke ATE: Januar 25,2005 BY: BACKGROUND: To better serve the residents ofParkview Villa for clarification of the Policy regarding tenant requested internal apartment transfers within this Housing Community. We also hope that this will eliminate any confusion about who is to be charged the internal transfer fee. At the HRA Council meeting in December 2004 a question was raised from the Board about whether the length of tenant occupancy should be a factor. The CFR (Code of Federal Regulations) in Section 960.206, (b) Particular local preferences (1) Residency requirements or preferences. (iv.) States: A residency preference must not be based on how long an applicant resided or worked in a residency preference area. RECOMMENDATION: To Adopt the Internal Transfer Policy and agreement as attached, with the consideration that in the future the City of Columbia Heights may change its preference for the building in the future and the policy may be changed at that time. RECOMMENDED MOTION: Move to Approve the Policy and Agreement on the internal transfers at Parkview Villa North and South buildings. HRA ACTION: @) dUSinll-~e~Opment Authority !;1inutes January 25, 2005 ~ Pa~~ management functions. Nawrocki suggested the resident council approve what functions would require a deposit. MOTION by Ericson, second by Jindra, to Approve the Community Room Policy and Agreement with the amendment ofthe Resident Council determining the functions on the Parkview Villa calendar to be excluded from the deposit. All ayes. Motion Carried. Policy for Internal Transfers Welke stated she rewrote this policy per the HRA board direction at the last meeting. Ecklund asked if she rented all of the two bedroom units and someone comes into the building that is married. is there some clause where the two bedroom units need to be occupied by two people. Welke stated it goes by the waiting list. which doesn't specify any difference in occupancy, it is just if they have the money. Streetar asked if any of the two bedroom units specify they have to be occupied by a handicap person. Welke stated it does not. Carol Hinrich, Unit 710, asked if there is a waiting list for the south building. Welke stated there is a waiting list, which is out about 6 months to a year. Nawrocki asked if Carol was on the waiting list. Welke stated she was given an application, and currently there are 13 people on the waiting list. MOTION by Williams, second by Kelzenberg, €-A~;;~v:ffie Policy on the Internal Transfers at Parkview Villa North and South Buildings. All ayes. MOtIon Carried. Tenant Handbook & House Rules Welke ask the board if they had any questions on the Tenant Handbook & House Rules. .-------.---'....-----. Nawrocki stated the cover page states Parkview Villa is managed by walker but should also say owned by the Columbia Heights HRA, and it states residents are charged for an extra proxy key, what about the door keys. Welke stated she has in the past issued extra keys. Lynn Meier, Unit 202 there is a problem with so many of us using our computers, then when someone calls us to get in the building, we can't hear the ring. Terry stated there is a way to set your computer up so when someone calls you, the computer will automatically shut you down from the intemet and your phone will ring and that he could give her some instructions on how to do it. Jindra stated there isn't pet policy in the document and should be added. Ericson stated there are some areas that need to be edited and maybe staff could bring the document back to the board after it has been revised. Streetar suggested he work with Welke on making the corrections, and suggested if board members have any comments or corrections they should contact him. Nawrocki table this item until a future meeting. @