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Home My WebLink AboutNovember 18, 2003 (2) ~ , CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E.. Columhia Heights. MN 5542] -3R7H (763) 706-3600 TDD (763) 706-3692 .\'if Dill' Wehsire at: 1I'11'l1'.ci.co/wllbia-heigllts.l1IfLIlS HRA Commissioners: Dennis Ecklund Bobby Williams Bruce Nawrocki Tammeru Ericson Bruce Kelzenberg Patricia Jindra . . HOUSING & REDEVELOPMENT AUTHORITY SPECIAL MEETING IMMEDIATELY FOLLOWING THE RECESS THE MEETING WILL CONTINUE AT PARKVIEW VILLA, COMMUNITY ROOM B 96540 TH AVENUE, COLUMBIA HEIGHTS, MN 1. AGENDA CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PUBLIC HEARING I. Adopt Resolution 2003-03, Adopting the Public Housing Agency Plan MOTION: Move to Adopt Resolution 2003-03 of the Columbia Heights Housing and Redevelopment Authority (HRA) confirming approval of the 2004 Public Housing Agency certifications of compliance with the PHA plans and related regulations. 4. CONSENT AGENDA A. Approval of Minutes. 1. The Meeting of October 21, 2003. MOTION: Move to approve the minu'tes of October 21,2003 regular meeting as presented in writing. 5. REPORT OF MANAGEMENT COMPANY 6. CITIZEN FORUM (At this time, citizens have an opportunity to discuss with the HRA items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note, the public may address the HRA regarding specific agenda items at the time the item is being discussed.) 7. ITEMS FOR CONSIDERATION I. Walker ElderCare Management Agreement MOTION: Move to Approve the 3-year Management and Maintenance Services Agreement with Walker ElderCare subject to final review by the City fmihellliore, to authorize the Chair and Executive Director to enter the same. THE CITY OF COLUMBIA HEIGHTS DOL5 No r DISCHIMIl'lA TE ON THE CUlJAL QpPOFHUNITY I . . . 2. 4607 Tyler Street Sale MOTION: Move to approve the sale of 4607 Tyler Street to Minnesota Housing Resources for $160,000 with the stipulations outlined in the Purchase Agreement; and furthermore, to authorize the Chair and Executive Director to enter into an agreement for the same. 3. Parkview Villa South Rent Structure MOTION: Move to Approve the Rent Adjustment for new residents to take effect December 1,2003. 8. ADMINISTRATIVE REPORTS 9. ADJOURNMENT Cheryl Bakken, Community Development Secretary H:\HRA Agenda2003\11 18 2003 spec Mtg PVV The HRA does not discriminate on the basis of disability in the admission or access to, or h'eatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all HRA services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the HRA Secretary at 706-3670 to make arrangements (TDDI706-3676 for deaf or hearing impaired only). COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY (HRA) -= Meeting of: November 18, 2002 AGENDA SECTION: Public Hearing ORIGINATING EXECUTNE NO: I DEPARTMENT: HRA DIRECTOR APPROVAL ITEM: Adopt Resolution 2003-03, Approving BY: Mark Nagel BY: the HUD 2004 Public Housing Agency Plan DATE: November 10, 2003 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 are. available for review by the public at the central administrative office of the Columbia Heights HRA. . HUD requires a variety of components and documents to be incc.rporated 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 HUD required forty-five day review period to allow for public input has been satisfied. At the Public Hearing on November 18, 2003 the HRA Board will make final modifications to the plan and authorize staff to submit the final document to HUD. The Parkview Villa Resident Advisory Board, as well as Anoka County, have been sent the Plan for comment. As of this writing, no plan changes have come forward from the public. The entire document has been generated by electronic transmission and downloaded through the HOD web page REAC System. The primary emphasis of the plans are to identify quantifiable measures of success in reaching their objectives over the course of the plan. RECOMMENDATION: The staffis recommending that the HRA Board close the Public Hearing, make amendments to the plans if needed, and adopt HRA Resolution 2003-7, that being Resolution of the Columbia Heights Housing and Redevelopment Authority confirming approval of the Public Housing Agency Certifications of Compliance, with the PHA Plans and related regulations. RECOMMENDED MOTION: Move to close the Public Hearing. RECOMMENDED MOTION: Move to waive the reading of Resolution 2003-03, there being ample copies available to the public. RECOMMENDED MOTION: Move to Adopt Resolution 2003-03 of the Columbia Heights Housing and Redevelopment Authority (HRA) confirming approval of the 2004 Public Housing Agency certifications of compliance with the PHA plans and related regulations. Attachments HRA ACTION: H:\I-IRAconsent2003\HRA Agency Plan,Res 2003-03 I I ~ ~ ;';';W;_'t;i;l'~ U.S. Dc:partment of Housing and Urban Development Office of Public .:lnd Indian Housing .' Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan !, Mark Ulfer:s the Dakota Co CDA Executive Dic~rtifY Columbia Heights that the Five Year and Annual PHAPlan of the Housinj'" Redevelooment Authis consistent with the Consolidated Plan of Dakota County prepared pursuant to 24 CFR Part 91. . 11/3/03 Signed / Dated by Appropria Cc:rtitication bv State and Local Official orPHA Plans Consistency with the Consolidated Plan to Accompany the HlJD 50075 .. OMB Approval No. 2577.0226 Expires 03/J 1/2002 (7/99) Page I of I . . . . HRA RESOLUTION 2003-03 RESOLUTION OF THE COLUMBIA HEIGHTS HOUSING & REDEVELOPMENT AUTHORITY (HRA) CONFIRMING APPROVAL OF THE 2004 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 also requires the formal approval of the Board of Commissioners; NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Housing & Redevelopment Authority that the attached (Appendix) Public Housing Agency Certifications of Compliance with the PHA Plans and Related Regulations is hereby approved. ADOPTED this_ day of ,2003. MOTION BY: SECONDED BY: AYES: NAYS: Attest by: Tammera Ericson, Chair Cheryl Bakken, Assistant Secretary H:\Resolutions2003\HRA2003-03 PHA Plan PHA Plans u.s. Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577-0226 (exp. 05/3112006) Streamlined Annual Version 1111s information collection is authorized by Section 51! of the Quality I-rousing and Work Responsibility Act, which added 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 ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA's operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHA's mission and strategies for serving the needs of low-income and very low-income families. 1l1is form allows eligible PHAs to make a streamlined annual Plan submission to HUD consistent with HUD's efforts to provide regulatory relief for certain types of PHAs. Public reporting burden for this infonnation collection is estimated to average 11.7 hOLlrs per response, including the time for reviewing instructions, searching existing data SOUlTes, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect thiS informatlOll and respondents are not required to complete this form, unless it displays a cU1Tently valid OMB Control Number. Privacy Act Notice. The United States Department of Housing and Urban Development, Federal Housing Administration, is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Information in PHA plans is publicly available. Streamlined Annual PHA Plan for Fiscal Year: 2004 PHA Name: Columbia Heights Housing & Redevelopment Authority NOTE: This PHA Plan template (HUD-50075-SA) is to be completed in accordance with instructions contained in previous Notices PIR 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 related notices HUD may subsequently issue. form HUD-50075-SA (4/30/2003) . . . . . . PI JA N<ln1c: Culumbi,l Heights I-lousing & Redevelopment Authority Stre:lmlineu Annual Plan fur Fiscal Year 2004 HA Code: MNI05 Streamlined Annual PHA Plan Agency Identification PHA Name: Columbia Heights Housing & Redevelopment Authority PHA Number: MNlO5 PHA Fiscal Year Beginning: (0112004) PHA Programs Administered: OPublic Housing and Section 8 OSection 8 Only Number of public housing units: Number of 58 units: Number of 58 units: [jPublic Housing Only Number of public housing units; 101 OPHA 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 I: Participating PHA 2: Participating PHA 3: PHA Plan Contact Information: Name: Walter R. Fehst TDD: (763) 706-2806 Phone: (763) 706-3510 Email (if available): W alt.F ehst(Cuci .co I um bia-hei ghts. mn. us Public Access to Information Information regarding any activities outlined in this plan can be obtained by contacting: (select all that apply) 129 PHA's main administrative office 129' PHA's development management offices Display Locations For PHA Plans and Supporting Documents The PHA Plan revised policies or ,I';ogram changes (including attachments) are available for public review and inspection. ~ Yes 0 No. If yes, select all that apply; 129 Main administrative office of the PHA 129 PHA development management offices o Main administrative office of the local, county or State, government 129 Public library 0 PHA web site 0 Other (list below) PHA Plan Supporting Documents are available for inspection at: (select all that apply) 129 Main business office of the PHA 129 PHA development management offices o Other (list below) PHA Name. Columbia Heights Housing & Redevelopment Authority .';treamlined AIlI1l1111 Plan for Fiscal Year 2004 ]-IA('ode: MNI05 Streamlined Annual PHA Plan Fiscal Year 2004 [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 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)(I)(i) Statement of Homeownership Programs D 4. Project-Based Voucher Programs ~ 5. PHA Statement of Consistency with Consolidated Plan. Complete only ifPHA 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 1. Site-Based Waiting List Policies ~ ~ B. SEPARATE HARD COPY SUBMISSIONS TO LOCAL HUD FIELD OFFICE Form HUD-S0076, PHA Certifications ofComvliance with the PHA Plans and Related Rei!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 certifications 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 PHAs Applying for Formula Capital Fund Program (CFP) Grants: Form HUD-S0070, Certification for a Dnti!-Free Workolace: Form HUD-S0071, Certification of Payments to Influence Federal Transactions; and Form SF-LLL &SF-LLLa, Disclosure of Lobbvini! Activities. Page 3 01'17 fonn HUD-S007S-SA (04/30/2003) . . . . . . PHA Name: Columbia Heights Housing & Redevelopment Authority Streamlined Annual Plan for Fiscal Year 2004 I-JA Code: MNI05 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 1. Has the PHA operated one or more site-based waiting lists in the previous year? If yes, complete the folio wing table; ifnot skip to B. Site-Based Waiting Lists Development Date Initial mix of Current mix of Percent Information: Initiated Racial, Ethnic or Racial, Ethnic or change (Name, number, Disability Disability between initial location) Demographics Demographics and current since Initiation of mix of Racial, SBWL Ethnic, or Disability dem(jgraphics 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 0 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? 2. 0 Yes 0 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? Page 4 or 1 7 PI 1.'\ '\j:lllll' Columbia I kighls J lousing & Redevelopment '\ulhorily Strc:lllllined Annual Plan for Fiscal Year 20U4 HACode: MNIOS 3. 0 Yes 0 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)? o PHA main administrative office o All PHA development management offices o Management offices at developments with site-based waiting lists o At the development to which they would like to apply o 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. ~ Yes 0 No Does the PHA plan to participate 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. 0 Yes IRJ No: Does the PHA propose to use any portion 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 HOD 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. I. 0 Yes ~ No: Has the PHA received a HOPE VI revitalization grant? (ifno, 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 of 17 form HlJD-50075-SA (04/30/2003) . . . PI-li\ Nallle: l'olulllbw Heights Housing & Redevelopment Authority StreUIl1II)](:U Annual Plan for Fiscal Year 2004 H.'\ Code: MN I 05 HOPE VI Revitalization Grant Status II a. Development Name: b. Development Number: c. Status of Grant: ORevitalization Plan under development ORevitalization Plan submitted, pending approval ORevitalization Plan approved OActivities pursuant to an approved Revitalization Plan underway 3. 0 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. 0 Yes ~o: 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. 0 Y es ~ 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 B Tenant Based Assistance--Section Bey) Homeownership Pro2ram (if applicable) [24 CFR Part 903.12(c), 903.7(k)(1)(i)] 1. 0 Y es ~ 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 program description below (copy and complete questions for each program identified.) 2. Program Description: a. Size of Program o Yes 0 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? Page 6 uf 17 PHA Name: Columbia Heights Housing & Redevelopment Authority Streamlined Annual Plan for Fiscal Year 2004 HA Code: MNI05 b. PHA-established eligibility criteria DYes 0 No: Will the PHA's program have eligibility criteria for participation 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): o 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 the family's resources. o 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. o Partnering with a qualified agency or agencies to administer the program (list name(s) and years of experience below): o 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 IRJ 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. 0 Yes 0 No: Are there circumstances indicating that the project basing of the lmits, rather than tenant-basing of the same amount of assistance is an appropriate option? If yes, check which circumstances apply: o low utilization rate for vouchers due to lack of suitable rental units o access to neighborhoods outside of high poverty areas o 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] . Page 7 of 17 form HUD-S0075-SA (04/30/2003) . . . PlIi\ Nallle: Columbia Heights Housing & Redevelopment Authority Streamlined Annual Plan for Fiscal Year 2004 HA Code: MNI05 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 changes from its last Annual Plan submission. I. Consolidated Plan jurisdiction: Columbia Heights, MN, Anoka County and Dakota County Consortium Plan 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 of families 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 ofthe 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) The Columbia Heights HRA has received certification indicating the 5 year and Annual Plan is consistent with the Consolidated Plan. The certification is on file at the HRA office, 590 40th Avenue, Columbia Heights, MN 55421 Page8of17 PHA Name: Columbia Ileights Housing & Redevelopment Authority Streamlined Annual Plan for Fiscal Yeur 2004 HA Code: MN I 05 6. Supportinl!: 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" column in the appropriate rows. All listed documents must be on display if applicable to the program activities conducted by the PHA. List of Supporting Documents Available for Review Applicable Supporting Document Related Plan Component &00 Disnlav PHA CertificatIOns a/Compliance with the FHA Plans and Related Regulations 5 Year and Annual Plans and Board Resolution to Accompany the Standard Annual, Standard Five-Year, X and Streamlined Five-Year/Annual Plans; N/A PHA CerllJlcations o/Compliallce with the PHA Plans and Related RegulatIOns Streamlined Annual Plans and Board Resolution to ACCOmDGnv the Streamlined Annual Plan X CertificatlOlI by State or Local Official alPHA Plan Consistency with 5 Year and standard Annual 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 X 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 housing that require the PHA's involvement. Housing Needs Statement of the Consolidated Plan for the jurisdiction(s) in Annual Plan: N/A 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~ based waiting lists. X Most recent board-approved operating budget for the public housing program Annual Plan: Financial Resources X 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 Based Waiting List Procedure. Policies X Deconcentration Income Analysis Annual Plan: Eligibility, Selection, and Admissions Policies X Any policy governing occupancy of Police Officers and Over~rncome Tenants in Annual Plan: Eligibility, Public Housing. ~ Check here if included in the public housing A&O Policy Selection, and Admissions Policies N/A Section 8 Administrative Plan Annual Plan: Eligibility, Selection, and Admissions Policies X Public housing rent determination policies, including the method for setting Annual Plan: Rent ~bliC housing flat rents. Determination Check here if included in the public housing A & 0 Policy. X Schedule of flat rents offered at each public housing development. Annual Plan: Rent IXI Check here if included in the public housing A & 0 Policy Determination N/A 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 standard policies. 0 Check here if included in Section 8 Administrative Plan. X Public housing management and maintenance policy documents, including Annual Plan: Operations and policies for the prevention or eradication of pest infestation (including cockroach Maintenance infestation). X Results of latest Public Housing Assessment System (PHAS) Assessment (or Annual Plan: Management other applicable assessment). and Operations Page 9 of 17 form HUD-S007S-SA (04/30/2003) . . . e e e I'l fA Name: Colul11bia J !eights Hou:;ing & Redevelopment Authority Slrenmlined Annual Plan for Fiscal Year 2004 H^ Cuue. MNI05 List of Supportine Documents Available for Review Applicable Supporting Document Related Plan Component &On Disolav N/A Follow.up Plan to Results of the PHAS Resident Satisfaction Survey (if Annual Plan: Operations and necessary) Maintenance and Conununity Service & Self-Sufficiency N/A Results of latest Section 8 Management Assessment System (SEMAP) Annual Plan: Management and Ooerations N/A Any policies governing any Section 8 special housing types Annual Plan: Operations and o Check here jf included in Section 8 Administrative Plan Maintenance X Public housing grievance procedures Annual Plan: Grievance IXlCheck here ifincluded in the public housing A & 0 Policy Procedures N/A Section 8 informal review and hearing procedures. Annual Plan: Grievance o Check here if included in Section 8 Administrative Plan. Procedures X The Capital Fund/Comprehensive Grant Program Annual Statement Annual Plan: Capital Needs /Performance and Evaluation R~port for any active grant year. X Most recent ClAP BudgeUProgress Report (HUD 52825) for any active ClAP Annual Plan: Capital Needs grants. N/A Approved HOPE VI applications or, if more recent, approved or submitted Annual Plan: Capital Needs HOPE VI Revitalization Plans, or any other approved proposal for development of public housing. X Self-evaluation, Needs Assessment and Transition Plan required by regulations Annual Plan: Capital Needs implementing Section 504 of the Rehabilitation Act and the Americans with Disabilities Act. See PIH Notice 99-52 (HA). N/A Approved or submitted applications for demolition and/or disposition of public Annual Plan: Demolition and housing. Disposition N/A Approved or submitted applications for designation of public housing Annual Plan: Designation of (Designated Housin.g Plans). Public Housing N/A 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 Act of 1937, or Section 33 of the US Housing Act of 1937. N/A Documentation for required Initial Assessment and any additional information Annual Plan: Voluntary required by HUD for Voluntary Conversion. Conversion of Public Housing N/A Approved or submitted public housing homeownership programs/plans. Annual Plan: Homeownership N/A Policies governing any Section 8 Homeownership program Annual Plan: (Section of the Section 8 Administrative Plan) Homeownership N/A Public Housing Community Service Policy/Programs Annual Plan: Community o Check here ifincluded in Public Housing A & 0 Policy Service & Self.Sufficiency X Cooperative agreement between the PHA and the TANF agency and between Annual Plan: Community the PHA and local employment and training service agencies. Service & Self-Sufficiency N/A FSS Action Plan(s) for public housing and/or Section 8. Annual Plan: Community Service & Self-Sufficiency N/A Section 3 documentation required by 24 CFR Part 135, Subpart E for public Annual Plan: Community housing. Service & Self-Sufficiency N/A Most recent self-sufficiency (ED/SS, TOP or ROSS or other resident services Annual Plan: Community grant) grant program reports for public housing. Service & Self-Sufficiency X 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). ! [gJ ('heck here if included in the public housing A & 0 Policy. X 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 OMS Circular A-I33, the results of that audit and the PHA's response to any findings. N/A Other supporting documents (optional) (specify as needed) (list individually; use as many lines as necessary) N/A Consortium agreement(s) and for Consortium Joint PHA Plans Only: Joint Annual PHA Plan far Certification that consortium agreement is in compliance with 24 CFR Part 943 Conso~rtia;,: '5'~rArinuaJ. pursuant to an opinion of counsel on file and available for inspection. 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'" .... 0 ~ I ;>1,-,0--< ~~~.~ ~ c2 >-< ::r: '(? eo S E .- r./} (IJ ~ 0... ~ U 1::: Q.l ~ QJ.~ ~ ~ ~ -g S ~.~ I~:;;: 0: ~ '';::: 6b~~ 0._ ... .... ~ ::: '0 g a := ~[/'J - .. 0:- .... - .- .... 0.... 0: 0: u~ .. - "' C,c "' e e '" 'fz - -~o Q,) ~ '9 > '" '" "' eo 0 ~zz :;;: - '" o U '0 "' - eo .5 - '" ~ .. - "' C,c_ "' eo e '" "i' c..z :f: o~_ ~(1.lZ > e :;;: "' eo ~z E <2 o o 00 0;' 0-, "" e ~ " M " "" o o 00 0-," 0, "" N o o N fJ '~ "2 t::~ ",0.. -~ 8u ~ o U '0 <l) ~ .5 - en ~ 0.. '" U '" ~ o t- e Streamlined PHA Plan PHA Certifications of Compliance u.s. Department of Housing and Urban Development Office of Public and Indian Housing e PHA Certifications of Compliance with the PHA Plans and Related Regulations: Board Resolution to Accompany the Streamlilled Allllual PHA Plall Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairman or other authorized PHA official if there is no Board afCommissioners, 1 approve the submission of the streamlined Annual PHA Pianjor PHA fiscal year beginning)j).!)j, hereinafter referred to as the Streamlined Annual Plan, OflVhich this document is a part and make the following certifications, agreements with, and assurances to the Department of Housing and Urban Development (HUD) 1I1 cOt/nectioll with the submissIOn of the Streamlined Plan and implementation thereof I. The streamlined Annual Plan is consistent with the applicable compn;hensive housing affordability strategy (or any streamlined Plan incorporating such strategy) for the jurisdiction in which the PHA is located. 2. The PHA has established a Resident Advisory Board or 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 PHA 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 condncted a hearing to discuss the streamlined Plan and invited public comment. 4. The PHA will carry out the streamlined Annual Plan in conformity with Title VI of the Civil Rights Act of 1964, the Fair Housing 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, identify any impediments to fair 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 affirmatively further fair housing that require << PHA's involvement and maintain records reflecting these analyses and actions. For streamlined Annual Plans that include a policy or change in policy for site-based waiting lists: e PHA regularly submits required data to HUD's MTCS in an accurate, complete and timely manner (as specified in PIH 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 assure that such waiting list is consistent with affilmatively furthering fair housing; . T~l\., fIlA t'HJV~Jl...') rUl l....V~"-'YV u[ ~b .)~b.,-~a.),,-,J \.'Ya~l~Ho l~;:)t j-Ivl;Gy lv Jd....1H~U.... ;[;t ;;:) ....vu;:);;:)l....ul w~111 ....~ya l;olll;:) law;:) auJ GLd~.G""al~vH;:), a;:) ;:)j-I........~.G....J ~u 24 erR }lad 90J.7('v)(2). 7. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act of 1975. 8. The PHA 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 Handicapped. 9. The PHA will comply with the requirements of section 3 of the Housing and Urban Development Act of 1968, Employment OppOl1unities 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. 11. The PHA 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 required 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 requirements of the Unifnrm 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 appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.1 05( a). 14 The PHA will provide HUD or the responsible entity any documentation that the Department needs to carry out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58. IS. With respect to public housing the PHA will comply with Davis-Bacon or HUD determined wage rate requirements under .tion 12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act. . , . The PHA will keep records in accordance with 24 CFR 85.20 and facilitate an effective audIt to detemnne comphance WIth program requirements. Page 1 of 2 forrn 17. The PHA 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 Agreem~nt. 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 are approvable 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 locatious 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 office of the PHA 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 PHA. 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 903.7r Additional Information A. Progress in meeting 5-year mission and goals B. Criteria for substantial deviation and significant amendments -CO 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 PHA 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 the changes to the policies and programs before implementation by the PHA; (ii) The changes were duly approved by the PHA board of directors (or similar governing body); and (iii)The revised policies and programs are available for review and inspection, at the principal office of the PHA during Donnal business hours. e Columbia Heights Housing & Redevelopment Authority (HRA) PHA Name MN105 PHA Number Stre"mlinen Annual PHA Plan for Fiscal Year: 2004 r 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 orosecute false claims and statements. Conviction may result in criminal and/or civil ocnalties. (18 U.S.c. 1001 10lD 1012' 3\ U.S.c. 3729. 3802, Name of Authorized Official Title Walter R. Fehsl Executive Director Signature Date x . Page 2 of 2 form HUD-50076 (4/30/2003) . Type of Federal Action: [I a. contract ._.J b. grant c. cooperative agreement d.loan e. loan guarantee f. loan insurance 4. Name and Address of Reporting Entity: ~ Prime D Subawardee Tier _____, if known: Heights Housing & Redevelopment Authority Avenue NE Hei gh ts, MN 55421 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 See reverse for ublic burden disclosure. 2. Status of Federal Action: 3. Report Type: Da. bid/offer/application D a. initiai filing b. initial award b. material change c. post-award For Material Change Only: year _________ quarter _________ date of last report ______________ Approved by OMS 0348.0046 5. If Reporting Entity in No.4 is a Subawardee, Enter Name and Address of Prime: Columbia 590 40th Columbia N/A Con ressional District, if known: 6. Federal Department/Agency: Department of Housing & Urban Con ressional District. if known: 7. Federal Program Name/Description: Development N/A CFDA Number. if applicable: _____~______ 8. Federal Action Number, if known: N/A 10. a. Name and Address of Lobbying Registrant (if individual, last name, first name, MI): 9. Award Amount, if known: $ N/A N/A b. Individuals Performing Services (including address if different from No. 1 Oa) (last name, first name, MI): 11 tnformahon raqussted through this form is authorized by lille 31 U.S.C. section .1352. ThiS disclosure of lobbying activIties IS a matenal representation of facl upon which reliance was placed by the tier above when this transaction was made or entered inlo. This disclosure is required pursuant 10 31 U.S,C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails 10 file lhe required disclosure shall be subjecll08 civil penalty of no I less that $10,000 and not more lhan $100,000 for each such failure. Signature: Print Name: Halter R. Fehst Title: Executi ve Di rector Telephone No.:( 76ll706- 36 70 Date: 11-18-2003 Federal Use Only: Authorized for Local Reproduction Standard Form LLL (Rev. 7~g7) . U.S. Department of Housing and Urban Development Certification for a Drug-Free Workplace City of Columbia Heiqhts Housinq & Redevelopment Authority Applicant Name Public Housing . Program/Activity Receiving Federal Grant Funding Acting on behalf of the above named Applicant as its Authorized Official, I make the following certifications and agreements to the Department of Housing and Urban Development (HUD) regarding the sites listed below: (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. Notirying 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. employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfacto~ rily in a d-mg 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 workpiace through implementation of paragraphs a. thru f. 2. Sites for Worl{ Performance. The Applicant shall list (on separate pages) the site(s} for the performance of work done in connection with the HUD funding of the program/activity shown above: Place of Performance shall include the street address, city, county, State, and zip code. Identify each sheet with the Applicant name and address and the program/activity f<.:ceiving 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 taken 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 maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph a.; d. Notifying the employee in the statement required by para- graph a. that, as a condition of employment under the grant, the employee will n_ Parkview Villa North 965 40th Avenue NE Columbia Heights, MN 55421 Check here D 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 civil penalties. (18 U.S.C.1001, 1010, 1012; 31 U.S.C 3729,3802) Name of Authorized Official Walter R. Fehst Executive Director Titie . Signature x Date form HUD-50070 (3/98) ref. Handbooks 7417 1,7475.13,7485.1 &.3 Certification of Payments to Influence Federal Transactions U.S. Department of Housing and Urban Development Office of Public and Indian Housing e. rltj! nf Cnlllmhi" Heights Housing & Redevelopment Authoritv ApplicantName Public Housing Program/Activity Receiving Federal Grant Funding The undersigned certifies, to the best of his or her knowledge and belief, that: (I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connec- tion with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or _empting to influence an officer or employee of an agency, a mber of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. (3)' The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation offact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $]00,000 for each such failure. I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C.1001, 1010, 1012; 31 U.S.C. 3729, 3802) Name of Authorized Official Wal ter R. Fehst .nature Previous edition is obsolete Title Executive Director Date (mm/dd/yyyy) . HOUSING & REDEVELOPMENT AUTHORITY (HRA) REGULAR MEETING MINUTES October 21, 2003 CALL TO ORDER/ROLL CALL Chair, Ericson called the meeting to order at 7:00 p.m., October 21,2003. Present: Tammera Ericson, Bruce Kelzenberg, Bruce Nawrocki, Bobby Williams, Dennis Ecklund Jr., and Patricia Jindra PLEDGE OF ALLEGIANCE Ericson announced the addition of Item #7, Resolution 2003-07 for the approval ofHUD forms. CONSENT AGENDA Approval of Minutes Ecklund stated on page 4, under Parkview Villa Management Bids he would like it amended to read: Ecklulld- felt very comfortable with CommollBolld alld Walker alld stated that Crest View could possibly work if they made some challges, MOTION by Nawrocki, second by Williams, to approve the minutes from August 20, 2003, regular meeting with the amendment as listed. All ayes. Motion Carried. . REPORT OF MANAGEMENT COMPANY Karen Fantle introduced herself as the new Parkview Villa Housing Administrator, stated she has been with Crest View for seven years as of November 4th, has been Resident Services Coordinator for Crest View on 42"d and prior to that was Director of Therapeutic recreation. Apartment 609 has been filled and 4607 Tyler had an inspection with no violations reported. CITIZEN FORUM Don Camp, Unit 608, asked when the dryers would be fixed on the second floor as they have been out for approximately two months. Fantle .stated Bill Gault has replaced parts on one and thought there was three working at this time, Nawrocki asked if the problem was the need for repair or replacement of the dryers. Kot/sick stated they have someone cOlile in to do the repairs to the machines and to her knowledge, they have replaced one and repaired the coin slot on another. Judy Schendel, Unit 612, stated when she was in the laundlY room today, everything was working properly. Dorothy Keller, Unit 414, stated when she first moved in, she was told when you have visitors you need to tell the office and asked if this rule changed, as there are many visitors staying for lonr; periods of time. Fantle stated the HUD regulation states one visitor could stay no longer than 21 days per year. . Bob Balega, Unit 704, asked if the emergency cords arefimctioning properly, as his is in the down position. Kot/sick stated they are fimctional, but residents should remember responds to the emergency cords and if it is pulled after hours or on dial 911 instearl. . Housing & Redevelopment Authority Minutes October 21, 2003 Page 2 on Mavor, Julienne WvckofJinvited residents to ride on the 801 Bus with her on Wednesday, November 51h at no charge. Prizes and discount coupons will be given out. Residents should plan to meet her at the Bus Hub on Central at 10:30 am and plan to return Fom Rosedale at 2:20 pm. There are some flyers available by the elevators. ITEMS FOR CONSIDERATION Resolution 2003-04, Adopting the Proposed 2004 Budget for Parkview Villa North Fantle stated the proposed budget for Parkview Villa North is $373,900, which represents a 3.7% increase over last year, 4.5% increase in allocated interdepartmental labor, a projected 10% increase in utility costs, 5.4% increase in management fee expense due to a 2% increase in salary costs and a reallocation of the total management fee. Supplies and services increased 3% in 2004. Total revenue is $383,500, which includes rents of$280, 000, an Operating Subsidy of $90,000, investment incomes of $5,000 and other miscellaneous charges. Nawrocki stated he thought the EDA approved the HRA Budget at their meeting. Streetar stated the EDA did approve an HRA Levy at a .0014 rate and an EDA redevelopment Levy at a .00183 rate. The EDA can raise money by levying this amount for redevelopment purposes. . Motion by Williams, second by Jindra, to waive the reading of Resolution 2003-04, there being an ample amount of copies available to the public. All ayes. Motion Carried. Motion by Williams, second by Kelzenberg, to Adopt Resolution 2003-04, being a Resolution of the Housing and Redevelopment Authority in and for the City of Columbia Heights, adopting the 2004 Parkview Villa North Budget of$373,900 and recommending this to the City Council for approval. All ayes. Motion Carried. Resolution 2003-05. Adopting the Proposed 2004 Budget for Parkview Villa South Fantle stated the proposed budget for Parkview- Villa South is $197,477, which represents a 7.6% decrease over last year, a 1.5% decrease in allocated interdepartmental labor and a $2,458 decrease in management services expense resultingfrom a 2% increase in salary expense and a reallocation of costs between Parkview Villa North and South. Gross revenues are $198,100 and include rents of$180,000, investment income of$6,000 and other miscellaneous charges. Motion by Kelzenberg, second by Nawrocki, to waive the reading of Resolution 2003-05, there being an ample amount of copies available to the public. All ayes. Motion Carried. Motion by Kelzenberg, second by Jindra, to Adopt Resolution 2003-05, a Resolution ofthe Housing and Redevelopment Authority in and for the City of Columbia Heights adopting the 2004 Parkview Villa South Budget of$197,477 and recommending this budget to the City Council for approval. All ayes. Motion Carried. . Walker ElderCare Management Agreement Nagel stated at the August 20lh HRA meeting the board passed a motion prepare a 3-year draft agreement for management services with Housing & Redevelopment Authority Minutes October 21, 2003 . Page 3 of7 Villa North and South, subject to approval by the HRA. StafJhas prepared the draft agreement for board review and approval. The services provided are the same as we are currently receiving under the Crest View Contract except that Walker will take over the operation of the Capital Fund Program. Ecklund asked if Walker will look into hiring the current staff. Nagel stated they would. Nawrocki stated on page 2, under Termination, it states that if less than 60% of the services covered by the agreement have been preformed upon termination, the contractor shall be reimbursed and asked if this in our current agreement with Crest View. Nagel stated it was. Williams stated in Crest View's bid there would be a cost of living increase and Walker has a CP1 increase for each additional year and asked if there would be a big difference. Nagel stated, it may not be any different. Nawrocki stated there are different types ofCP1 rates and asked which one rhey would be using. Nagel stated he wouldfind outji-om Walker. Resident, Renie Suftka, Unit 104 asked if Walker is getting the contract. Ericson stated that at the last HRA meeting a motion was made to direct stafJ to draft an agreement for review tonight and that no decision has been made yet. . Resident, Gary Peterson, 3712 Lincoln, stated he has worked with Crest View for 18 years and has had a very good working relationship with them. Motion by Williams to table this item until next month where staff can make some of the changes requested by the board. Motion Failed for Lack of a Second. Motion by Nawrocki, to authorize the Chair and Executive Director to enter into the agreement with Walker ElderCare with the understanding that the CPl, 60 day Clause, assignability Clause, approval by HUD, approval by the City Attorney and the ability to have some input on hiring staff to be further explored to the satisfaction of staff. Ericson and Jindra felt uncomfortable voting on the agreement in its current draft. Jindra stated there are too many loose ends to the agreement. The Motion was withdrawn by Nawrocki. Motion by Nawrocki, second by Ericson, to authorize staff to continue to negotiate with Walker ElderCare on the Management Services Contract for Parkview Villa North and South making the changes to the agreement as specified by the board and bring it before the board at the special meeting on November 18, 2003 at Parkview Villa immediately following the Public Hearing held at City Hall at 7 p.m. All ayes. Motion Carried. . Kelzenberg asked the residents of Parkview Villa that were present, how many are happy with Crest View's management. About half of the residents present were happy with.thelll. Housing & Redevelopment Authority Minutes October 21, 2003 . Page 4 of7 Resolution 2003-06, Exploring the possibility of transferring the ownership of Parkview Villa North and South to the Anoka County Housing and Redevelopment Authority Streetar stated the City Council established ambitious goals for the Community Development Department and with limited stafJ and financial resources and a budget reduction of $31,000 for 2004, it is necesswy to eliminate some of the responsibilities of the department, such as maintaining the mvnership and management oversights for Parkview Villa North and SOl< I. By exploring the possibilities of transferring ownership and responsibilities of ownership to tile Anoka County Housing and Redevelopment Authori~v (ACHRA), it would allow stafJto focus more attention on the City Council's redevelopment goals. ACHRA currently owns and manages housing and would provide as good, ifnot better service to Parkview Villa residents. This would significant~y reduce the $5 to $6 million debt on Parkview Villa South and we could return tax dollars being used to pay the debt to the City, School and County. Williams asked Streetar to explain the savings of $850 to$ 920 thousand per year of City tax money. Streetar stated the current tax statement obtained from Ehlers it states there is about 5.8 million owed. The City made the first payment of approximately $850,000 in September and will increase each year to an approximately amount of $920,000. . Williams informed the residents of Parkview Villa the City borrowed 2.5 million which has gone up to somewhere near 5.2 million, which mean there is no money to due the repairs necessary to the building. Therefore, it is very important the City explore their options. Nawrocki stated he was on the HRA back when the decision was made to borrow the 2.5 million for Parkview Villa South. The intent was to use Tax Increment Financing money to pay for the bonds. The Central Avenue business district was going downhill so a residents group of about 30 people was formed to come up with recommendations. The group recommended two things: l) the need for Senior Housing and 2) the need for a Comprehensive Plan for the community. Nawrocki also stated he disagreed to the wording in the HRA letter stating that maintaining the ownership and management oversight of Parkview Villa North and South takes resources away Fom more important City priorities. Resident, Ed Carlson, stated he was a former Mayor of Columbia Heights and one thing we would loose by selling Parkview Villa is the HUD fimding. Mr. Hines suggested stafJ could check this matter out with Anoka County. Streetar stated, stafJwill check into this matter. Mrs. Keller, Unit 414, stated if their rent has never been subsidized in the South building, why were they told they were in subsidized units. Nawrocki stated the North building has always been HUD subsidized. The South building was never set up that way, and even though, there is no documents stati/Jg it, the South rents were to be $100 over the highest rents in the North building. . Kelzenberg read the rent amounts from a 2000 application for the south building given to him by a resident describing what the rental requirements were at that time. Kottsick stated theforl11 has changed since 2000 per HUD requirements. Housing & Redevelopment Authority Minutes October 21,2003 . Page 5 of7 Mavor, Julienne Wyckoff stated she attended the meeting with Streetar and Anoka CounZV, which was a very preliminary meeting about the possibility of Anoka County owning Parkview Villa North and South. The County wants to establish a presence in southern Anoka County. Residents should rest assured that if the sale to Anoka County went through there would be no change in the status of their residency and at this time Anoka County is only asking for permission to explore the options of ownership. Diane Powers, Unll 905, stated she grew up in Columbia Heights, lived here for 10 years and was told you have to be a resident of Columbia Heights to get into the building and in the past year the units have been filled with anyone, not just Columbia Heights residents. She would like to see whoever takes over do a better job of placement in the units. Motion by Kelzenberg, second by Jindra, to waive the reading of Resolution 2003-06, there being an ample amount of copies available to the public. All ayes. Motion Carried. Motion by Kelzenberg, second by Williams, to Adopt Resolution 2003-06, a Resolution authorizing staff to explore the possibility of transferring the ownership, and all the responsibilities of ownership to the Anoka County Housing and Redevelopment Authority, and report back to the Board at the first meeting in January 2004. Upon Vote: Ecklund- aye, Nawrocki- nay, Ericson- aye, Kelzenberg- aye, Williams- aye, Jindra- nay. Motion Carried. . Snow Plowing Service for 2003/2004 Fantle stated last year MGS provided the snow plowing service for Parkview Villa and 4607 Tyler. Staff requested and received bids from MGS, Reliakor Services and Outdoor Environments. Again this year MGS was the low bidder at $65/occurance for 1 to 4 inches, $75 for 4 to 8 inches and $100 for anything over 12 inches, with salt and sanding at $16 for each 50 Ib bag. Sstaff recommends approval of the contract for Snow Removal with MGs Nawrocki asked why they obtained bids from Shakopee and notfrom around this area. Fantle stated, the bids were obtained by William Jones and Bill Gault, prior to her taking over the administration of Parkview Villa. Williams stated we had MGS last year and the fitct that they aren't increasing their bid for 2004 is very reasonable and would be in favor of their contract. Motion by Kelzenberg, second by Williams, to approve the contract for Snow Removal Service to cover the year 2003-2004, to MGS Professional Building Maintenance Services, Inc; and furthermore, to authOlize the Chair and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. . Rent Adiustments for Parkview Villa South Streetar stated in April of this year, Crest View prepared a proposal for rent increases in thii South building. Staff recommends the board hire the new management review the rent structure and make recommendations to the HRA no later than . Housing & Redevelopment Authority Minutes October 21, 2003 Page 6 of7 Nawrocki stated the longer we wait to change the rent structure, the harder it will be for residents to adjust to the increase. Kelzenberg stated the problem with the rent structure has been going on for this long and it shouldn't make a difference ifwe wait until spring to discuss rents. Streetar stated Crest View submitted the proposed rent structure in April that was tabled. The rent structure was asfollows: as of January 1,2004 a 1 bedroom would be $425, January 1, 2005 it would be $450 and January 1, 2006 it would he $463 plus inflation. Barnes stated the rent structures were based on cost per square foot comparing them to other local senior buildings. Ecklund stated you can't expect someone that is paying $250 to start paying $450 a month and wondered if increasing the rents for all new resident would be possible instead. Ericson requested staff put this item on the agenda for the special HRA meeting in November for more discussion. . Resolution 2003-07, Approving the Operating Fund Calculation of Operating Subsidv Documents for 2004 Kottsick stated the Operating Fund Calculation of Operating Subsidy, PHA/IHA Board Resolution, Calculation o{Occupancy Percentage for a Requested Budget Year, Calculation of Allowable Utilities Expense Level, Adjustment for Utility Consumption and Rates, Certification of a Drug-Free Workplace, Certification of Payment to Influence Federal Transactions, Application for Federal Assistance and the Report of Occupancy forms are all due to HUD this week and require HRA board approval by resolution prior to submitting them to HUD. Kottsick explained the documents to the Board. Motion by Jindra, second by Williams to waive. the reading of Resolution 2003-07, there being an ample amount of copies available to the public, All ayes. Motion Carried, Motion by Williams, second by Kelzenberg, to Adopt Resolution 2003-07, being a Resolution of the Columbia Heights Housing and Redevelopment Authority confirming approval of the Operating Fund Calculation of Operating Subsidy for 2004 and related documents; and furthennore to direct the Executive Director to forward same to the U,S, Department of Housing and Urban Development. All ayes. Motion Carried, Williams stated the board should look at a back up plan for the rising costs of heating for next year. Ericson directed stafJto add this item to the November HRA meeting. . ADMINISTRATIVE REPORTS 4607 Tvler Closing Streetar stated the closing for 4607 Tyler has been postponed until after the November HRA meeting as the HRA has to approve one more document per Anoka County requirements. Housing & Redevelopment Authority Minutes October 21, 2003 . Page70n Conflict with November 18th meeting at Parkview Villa Streetar stated there is a conflict with having the November 18th HRA meeting at Parhiew Villa as a Public Hearing has been published per HUD requirements in the newspaper for the PHA plan at 7 p.m. at City Hall. Motion by Ericson, second by Williams, to conduct a special meeting of the HRA on November 18th, 2003 at Parkview Villa immediately following the 7:00 p.m. Public Hearing meeting at City Hall. All ayes. Motion Carried. Barnes stated on behalf of Crest View Corporation and its staff, it has been a privilege to work with staff and that when they exit the administration of Parkview Villa on December 31, 2003, they will exit gratefidZv. ADJOURNMENT Chair, Ericson adjourned the meeting at 9:47 p.m. Respectfully submitted, . Cheryl Bakken Recording Secretary H:\HRAMinutes 2003\10-21-2003 . . Parkview Villa Housing Complex 965 N.E. 40'" Avenue, Columbia Heights, MN 55421 (763) 706-3800 Fax (763)788-3978 DATE: November 13,2003 TO: Bob Streetar; Community Developmeut Director Shirley Barnes; Chief Executive Officer; Crest View Corporation Commissioners; Columbia Heights HRA Board of Directors; Crest View FROM: Karen Fantle, Housing Manager . RE: October 2003 Management Report for Parkview Villa & 4607 Tyler 4607 Tyler 4-plex . The carpet at 4607 Tyler Street is scheduled to be cleaned the morning of Monday, November 17. This is instead of replacing the carpet, which is still in good condition. . We are also in the process of resolving the wet basement situation. Bill Gault has been in contact with Mr. Mattson who installed the drain tiles and landscaped around the 4-plex to determine what needs to be done. Parkview Villa . On October 30 the police were called to PVV to report an unwanted guest. We were unable to find the person when the officer arrived, but if seen again we will call 911 again. . We have 3 carpet bids for PVV-S, however they are for the complete common areas. We are in the process of having the bidders come back out to break down the bids into how much it will cost for different sections. When this is complete we will make our recommendations. . We are also getting bids for boiler controls for PVV-S. We currently have two bids and Bill is waiting for Owens to send someone out. OCCUPANCY: 4607 Tvler Apt #3 PARKVIEW VILLA - NORTH Apt #305 November 30, 2003 Apt #611 November 30,2003 P ARKVIEW VILL - SOUTH Apt #417 November 30,2003 Waiting list totals are as follows: Parkview Villa North 21 CH Residents 36 Non-residents Parkview Villa South 13 CH Resident 11 Non-resident 4607 Tvler o CH Residents o Non-residents MISC: For informational purposes the Parkview Villa calendar is attached. . Equal Housing Opportnnity Ageucy 1:El Owned by the City of Columbia Heights lIRA Managed by Crest View Management Services EQUAL HOUSING OPPORTUNITY . RESIDENT COUNCIL NEWS The next Resident Council meeting will be Monday, November 10, 2003 at 7:00 pm in Community Room 'B'. PET POLICY The City of Columbia Heights requires all dogs and cats over 6 months old to be licensed. SMOKING Please remember there is no smoking in the common areas of this building. Also please remind all of your visitors of this rule. MAINTENANCE ISSUES If you have a maintenance issue after 5:00 p.rn. you must call 763- 706-3800. Thank you. . LAUNDRY ROOM GUIDELINES Please be sure to clean both the washers and dryers when you are done using them. Don't leave a mess for the next person. Please do not overload the machines. The clothes do not wash or dry as well, it is hard on the machines and can cause them to break down more frequently. COMMON AREA GUIDELINES Absolutely no alcoholic beverages are alIowed in the common areas. Be sure that your visitors are aware of this. . BULLETIN BOARD POSTINGS In light of recent issues with postings and individual resident events . it will now be a requirement that all non-resident council postings will need to be approved by the office. This will be open for discussion at the next resident council meeting. '\ SNOW PLOWING PROCEDURES MGS Services will be plowing again this year. They will plow ariytime there is 1-1/2" to 2" of snowfall. They come through and plow the middle and circle of the parking lot as well as the emergency vehicle spot. Once they have plowed then the residents' vehicles need to be moved so that maintenance and caretakers can clear the parking spo ts. Residents must have their vehicles moved by 7:00 a.m. in order to have their spots cleared. If you know before you go to bed that it is or will be snowing then you may want to move your vehicle to the municipal parking ramp across 40th to avoid having to move it at 7:00 a.m. CREST VIEW BAZAAR Saturday, November 8, 9:00 a.m. 3:00 p.rn. Crest View Communities will once again be presenting their Christmas Bazaar at Columbia Heights High School - Crafts, Bake Sale, Raffles, Food Court. Come support the Crest View Resident Councils. ~ ~~ ~~~ . ,9 Q) O.c w_", U)ccnvi I 0 e ~ U~uo "ol.o l?c"E= ..- ill ro C1J ......rooE 6U..oQ) ~ :U.~5 aic~ E .L:Ql"So UU..o-t: . 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COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY (HRA) Meeting of: November 18, 2003 AGENDA SECTION: Items for Consideration ORIGINATING EXECUTIVE NO: 7-1 DEPARTMENT: HRA DIRECTOR APPROVAL ITEM: Walker ElderCare Management BY: Robert Streetar BY: Agreement DATE: November 12, 2003 BACKGROUND: Please find attached the management and maintenance services agreement between the Columbia Heights HRA and Walker ElderCare for the management of Park view Villa North and South. Mr. Denny O'Donnel from Walker Eldercare will be present at the meeting. . RECOMMENDATION: Staff recommends the board approve the management and maintenance services agreement with Walker ElderCare. RECOMMENDED MOTION: Move to Approve the 3-year management and maintenance services agreement with Walker ElderCare subject to final review by the City Attorney; and furthermore, to authorize the Chair and Executive Director to enter into an agreement for the same. Attachments HRA ACTION: . h:\parkview Villa\Walker Agreement Final MANAGEMENT AND MAINTENANCE SERVICES AGREEMENT THIS AGREEMENT (hereinafter referred to as "Agreement"), effective on the 1 st of February, 2004, by and between Walker ElderCare Services, Inc. (hereinafter referred to as "Contractor"), located at 3737 Bryant Avenue South, Minneapolis, MN 55409 and the Columbia Heights Housing and Redevelopment Authority (hereinafter referred to as "Owner"), located at 590 40th Avenue N.E., Columbia Heights, MN 55421; WIT N E SSE T H: WHEREAS, Contractor has over a number of years acquired managerial skills for the provision of administrative services in the fields of skilled nursing care and provision of housing for the elderly; and WHEREAS, Owner desires to employ Contractor for the purposes of providing management and administrative services for Parkview Villa North and South located at 965 40th Avenue N.E., Columbia Heights, MN 55421 (hereinafter the "Project"); NOW, THEREFORE, it is agreed as follows: A. Undertakinq. Owner hereby contracts for and Contractor hereby agrees to furnish the services provided for under the provisions of this Agreement. B. Terms and Conditions. 1. Termination of Conditions. a. Terms of Aqreement. The term of this Agreement shall be for three years beginning on the effective date and continue in effect until 31 January 2007, unless terminated earlier pursuant to Sections b. and/or c. below. b. Termination of Aqreement for Cause. If, through any cause, Contractor shall fail to fulfill in timely and proper manner their obligations under this Agreement, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Agreement, the Owner shall thereupon have the right to terminate this Agreement by 1 , . . . . . . MANAGEMENT AND MAINTENANCE SERVICES AGREEMENT giving 30 days written notice to Contractor of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by Contractor under this Agreement shall, at the option of the Owner, become its property and Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. c. Termination for Convenience of Owner. The Owner may terminate this Agreement any time with 60 days notice in writing from the Owner to the Contractor. Contractor shall be reimbursed for that portion of any actual expenses (not otherwise reimbursed under this Agreement) incurred by Contractor through the date of termination. If the Agreement is terminated due to the fault of Contractor, Section B. Terms and Conditions, 1. hereof, relative to termination shall apply. 2. Chanqes. The Owner may, from time to time, request changes in the scope of the services of contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of Contractor compensation, shall be mutually agreed upon by and between the Owner and Contractor and shall be incorporated into this Agreement by written amendments to this Agreement. 3. Personnel. a. Contractor represents that it has, or will secure at its own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees of nor have any contractual relationship with the Owner. b. All services required hereunder will be performed by Contractor or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. c. No person who is serving sentence in a penal or correctional institution shall be employed or work under this Agreement. All employees shall be subject to criminal background checks to be completed by the Columbia Heights Police Department. This does not preclude the Contractor from performing other or additional types 2 . MANAGEMENT AND MAINTENANCE SERVICES AGREEMENT of background checks on prospective employees. d. Contractor agrees to confer with the HRA in the selection of the Housing Manager. 4. Contractor shall abide by provisions in Appendices A (Contract Provisions Required by federal Law or Owner Contract with the U.S. Department of Housing and Urban Development) and B (Representations, Certifications, and Other Statements of BiddersBPublic and Indian Housing Programs) attached to this agreement. 5. Equal Emplovment Opportunity. During the performance of the Agreement Contractor Agrees as follows: a. Contractor will not discriminate against any employee or applicant for employment. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated, during employment, without regard to their race, color, creed, religion, national origin, sex, marital status, familial status, status with regard to public assistance, disability, handicap, sexual orientation, and age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other form of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Owner. setting forth the provisions of this nondiscrimination clause. Contractor shall maintain an approved affirmative action plan. . b. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, national origin, sex, marital status, familial status, status with regard to public assistance, disability, handicap, sexual orientation, and age. c. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that such 3 . . MANAGEMENT AND MAINTENANCE SERVICES AGREEMENT provision will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 6. Discrimination Because of Certain Labor Matters. No person employed for the work covered by this Agreement shall be discharged or in any way discriminated against because he/she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding relating to the labor or other legal standards applicable hereunder to his/her employer. 7. Compliance with Local Laws. Contractor shall comply with all applicable laws, ordinances, and codes of the State and local governments, and shall commit no trespass on any public or private property in performing anyofthe work embraced by this Agreement. 8. Subcontractinq. None of the services covered by this Agreement shall be subcontracted without the prior written consent of the Owner. Contractor shall be as fully responsible to the Owner for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as it if for the acts and omissions of persons directly employed by Contractor. Contractor shall have the right to subrogate and direct or indirect claims against any subcontractor. Contractor shall insert in each subcontract appropriate provisions requiring compliance with the labor standards provisions of the Agreement. . 9. Assiqnabilitv. Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the Owner. The owner shall retain the right to sell, transfer, or otherwise dispose of Parkview Villa North and South. Provided, however, that claims for money due orto become due as outlined in Part B, (c), Page 2, Contractor from the Owner under this Agreement may be assigned to a bank, trust company, or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the legal public agency. . 10. Interest of Members of Owner. No member of the government body of the Owner, and no other officer, employee, or agent of the Owner who exercises any' functions or responsibilities in connection with the carrying out of the 4 . MANAGEMENT AND MAINTENANCE SERVICES AGREEMENT Project to which this contract pertains, shall have any personal interest, direct or indirect, in the Agreement. 11. Interest of Other Local Public Officials. No member of the governing bodyof the locality in which the Project is situated, and no other public official of such locality, who exercises any functions or responsibilities in the review or approval of the carrying out of the Project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement. 12. Interest of Certain Federal Officials. No member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of the Agreement or to any benefit to arise therefrom. 13. Interest of Contractor. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in the above-described Project or any parcels herein or any other interest, which would conflict in any manner or degree with the performance of the services hereunder. Contractor further covenants that in the performance of this Agreement no person having any such interest shall be employed. . 14. Findinqs Confidential. All of the reports, information, data, etc., prepared or assembled by Contractor under this Agreement shall only be made available to any individual or organization pursuant to the Minnesota Data Practices Act or upon a valid order of a court of applicable jurisdiction. C. Fees. Contractor shall be paid by Owner $14,091.75 per month at Parkview Villa North and South. Effective January 1,2005 and January 1, 2006, this monthly fee shall be increased by the consumer price index for all urban consumers for the Minneapolis/St. Paul area as defined by the U.S. Department of Labor, Bureau of labor Statistics. D. Services to be Provided bv Contractor. 1. Provide a monthly financial statement. 2. Perform administrative and management services as described in the Management Plan. 3. Provide referral services for those needing assistance in daily living activities. 5 . . MANAGEMENT AND MAINTENANCE SERVICES AGREEMENT 4. Contractor will employ appropriate site staff to effectively run the business. Contractor shall hire, pay and provide any required benefits, including Workers Compensation insurance coverage (and other benefits as deemed desirable by Contractor), provide training for, direct and supervise the staff. Contractor will file any necessary payroll reports, etc. about the staff serving on the Parkview Villa site. Site staff salaries and benefits are included in the management fee. 5. Provide support to Parkview Villa staff in an emergency, subject to reimbursement by Owner. 6. Perform total management of day-to-day operations, including admission work, discharge management, and maintaining current waiting lists. 7. Comply with rules and regulations established by HUD and other appropriate government agencies in the management of Parkview Villa. . 8. Negotiate (secure proposals in accordance with Owner Procurement Policy) and execute on behalf of the Owner and Parkview Villa any contracts for services, materials and supplies, which are included in the Operating Budgets for Parkview Villa North and South. Contractor shall negotiate (secure proposals in accordance with Owner Procurement Policy) and provide the Owner Executive Director a proposal summary and copies of proposals received on any work, materials or supplies not included in the operating budgets. The Executive Director, Deputy Executive Director, and/or President will sign th.e necessary contract or purchase order to purchase the item(s) or secure the service. All purchases and contracts shall be in the name of the Columbia Heights Housing and Redevelopment Development Authority and/or the Parkview Villa Housing Complex. 9. Provide all normal public housing related management functions, including yearly inspection of all units, annual income reviews, maintenance of waiting lists in accordance with the Owner Occupancy Policies for the Project, admissions evictions, and any housing management related functions. . 10. Prepare a monthly report on the management of the Project for the Owners Executive Director and Board of Commissioners. The Public Housing Manager shall attend Owner meetings at least once per month and at other times as necessary to provide information to Owners on Project activities and 6 . MANAGEMENT AND MAINTENANCE SERVICES AGREEMENT to secure Board approvals for purchases/contracts of over $15,000.00. 11. Insure that the Public Housing Manager attend the monthly Resident Council meeting. The Public Housing Manager shall work with the Resident Council of Parkview Villa as necessary for the efficient and amicable operations of the facility. 12. Maintain records on-site and off-site in accordance with Federal Department of Housing and Urban Development, State of Minnesota, and Owner records maintenance/disposition requirements. 13. Provide all services related to the development and implementation of the HUD Public Housing Capital Fund Program. 14. Provide other public housing services that may be required by HUD in the operation of Parkview Villa North and South during the term of the Contract. E. Responsibilitv for Costs. 1. With respect to expenses to be born by Owner, Contractor shall not commit any expenses, which have not received prior written approval by the Owner. The annual operating budget, approved by the Owner, shall satisfy the prior written approval requirement. . 2. Contractor will be authorized to contract for services/supplies as necessary for the management/maintenance of the Project for approved budgeted items. Invoices and billings ~eceived for such services/supplies are to be approved as appropriate by Contractor and coded with account coding as required by the Owner so that the Owner can maintain proper accounting records for the Project. Approved billings/invoices for services/materials for the maintenance/office expenses will be paid by the Contractor, on behalf of the Owner, in accordance with established Owner policies. Contractor will establish a bank account for deposits and disbursements and will have signing authority on this account. 3. Notwithstanding the limitations imposed by subparagraph E. 1., Contractor may, on behalf of the Owner, without prior consent (provided good faith efforts as reasonable under the circumstances to obtain consent) expend any amount, or incur a contractual obligation in any amount required to deal 7 . . MANAGEMENT AND MAINTENANCE SERVICES AGREEMENT with emergency conditions which may involve a danger to life or property or may threaten the safety of the occupants of the building and other appurtenances comprising the Project, or may threaten the suspension of any necessary service to the Project. 4. Contractor shall not be responsible for any additional costs related to any errors in the approved operating budgets that are in effect when the contract commences. Contractor will have the opportunity to review and recommend changes to the 2004 operating budget up to 120 days from commencing management of the properties. Contractor will not be responsible for budget variances outside its control. F. Financial Considerations. . 2. 1. Contractor shall collect and provide receipts for all rents and other charges due to the Owner for operation of the Project and all rentals or payments from concessionaires, if any. Contractor shall be responsible for collection of delinquent rents or other charges. Contractor shall provide the Owner at 590 40th Avenue N.E. copies of records of all receipts and deposits to the Owner bank accounts for the Project. Contractor shall provide such records of receipts and any expenditures made from the Project Petty Cash Account on or before the first day of each month. 3. Contractor, in coordination with the Owner Executive Director, shall prepare and submit to the Owner on o~ before June 1 of each year on in accordance with such other date set by the Owner, recommended budgets for the Project (one budget for the Parkview Villa South and one budget for Parkview Villa North). The proposed budgets shall reflect anticipated receipts and expenditures for the next fiscal year (the Owner fiscal Year starts on January 1). Also to be included in the budget are extraordinary maintenance, betterment/additions, and replacement of equipment. 4. Contractor shall review and recommend to the Owner necessary staffing requirements to perform its duties as listed herein. Contractor shall be directly responsible for training, directing, and supervising the staff. 8 . MANAGEMENT AND MAINTENANCE SERVICES AGREEMENT 5. With the aid of appropriate staff/committees from Owner, Contractor will open and maintain Project accounts and render financial data and supporting documentation from time to time as requested by Owner. Records and accounts will be maintained in accordance with HUD requirements and Contractor will prepare or assist in the preparation of all reports necessary to comply with HUD reporting requests. G. Records and Reports. Contractor will prepare monthly operating reports and such other additional reports as are from time to time deemed necessary by Owner to keep fully advised of services being performed by Contractor. H. Indemnitv. Owner and Contractor shall indemnify each other for negligent acts of their own employees and/or agents. I. Limitations on Contractor's Responsibilities. 1. Contractor shall have no authority to make any structural changes in the Project or to make any other major alterations or additions in or to any building or equipment therein, except such emergency repairs as may be required because of danger to life or property or repairs which are immediately necessary for the preservation and safety of the building or the safety of the occupants, or are required to avoid the suspension of any necessary service to the Project. It is understood and agreed that Contractor is not authorized or required to handle major construction or fire restoration. The owner may employ contractor to plan, take bids, contract for and supervise major projects. Before commencing such projects, however, the parties shall agree in writing on the terms and fees to be paid to Contractor for such additional services. Nothing herein contained shall be construed to relieve contractor of its duties in connection with the repair, maintenance and replacement of components of the Project which are ordinary, necessary, and which are recurring items of maintenance. The cost of such repair, maintenance and replacement are to be paid by the Owner. Advance Owner approval shall be required on expenditures in accordance with the Owner official procurement policy, a copy ofwhich has been furnished to Contractor. 2. Except with respect to the conduct and execution of its duties as set forth herein, Contractor shall have no further responsibility for Owner's compliance with the requirements of any ordinances, laws, rules or regulations (including those relating to the disposal of solid, liquid and gaseous wastes) of the city, 9 . . . . . . MANAGEMENT AND MAINTENANCE SERVICES AGREEMENT county, state or Federal government, or any public authority or official thereof having jurisdiction over the Owner or to the Project, except to promptly notify the Owner, and to promptly forward to the Owner any complaints, warnings, notices or summons received by it relating to such matters. The Owner agrees to indemnify and hold Contractor harmless and its officers, directors, its representatives, servants and employees from all loss, costs, expense and liability whatsoever which may be imposed upon them or any of them by reason of the presence of, or any future, violations or alleged violations of such laws, ordinances, rules or regulations except for such as may arise out of the acts or omissions of Contractor or those independent contractors operating under Contractor's supervision. J. Successors and Assiqns. This Agreement shall inure to the benefit of and be binding upon the respective parties, including without limitation any corporation into which either may be consolidated or merged, subject to the provisions of Section B of this Agreement. This Agreement is otherwise not assignable without the prior written consent of the respective parties, which consent will not be unreasonably withheld. K. Applicable Law. This Agreement shall be governed by the laws of the State of Minnesota. L. Amendment. This Agreement may not be amended orally, but only in writing signed by the parties hereto. Attachment A: Columbia Heights Police Department Minnesota Criminal History Check on Potential Tenant. Attachment B: Tentative Staffing Assumptions Attachment C: U.S. Department of Housing and Urban Development - Representations, Certifications, and Other Statements of Bidders, Public and Indian Housing Programs. Attachment D: Contract Provisions Required by Federal Law or Owner Contract with the U.S. Department of Housing and Urban Development. 10 MANAGEMENT AND MAINTENANCE SERVICES AGREEMENT Walker ElderCare Services, Inc. Columbia Heights Housing Redevelopment Authority By By Lynn M. Starkovich Tammera Ericson Its Chief Executive Officer Its Chair . Date Date . By Walter R. Fehst Its Executive Director Date 11-11-2003 11 . ATTACHMENT A . MINNESOTA CRIMINAL HISTORY CHECK ON POTENTIAL TENANT Columbia Heights Police Department 559 Mill Street NE, Columbia Heights, MN 55421 763-706-3750 763-706-3752 Fax I, , being the landlord or property owner of , which is a rental property in the City of Columbia Heights, Milmesota hereby request that the Columbia Heights Police Department run a Minnesota Criminal History Check and a local records check on the below listed individuals(s). I understand this information is to be used for the sole purpose of tenant screening. Signature Date Day Time Phone Nnmber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I hereby authorize the Columbia Heights Police Department to run a Minnesota Criminal History check and local records check on myself and authorize them to give this information to the landlord/property owner listed above. The sole purpose of this check is for tenant screening. Applicant # 1 (List all addresses for the past 5 years, starting with the most cnrrent) Full Name: First Middle Last Maiden Name or Other Names Used: ever License #: Date of Birth: Sex:_Male_Female Race: Current Address: City: State: Zip Code: Address: City: State: Zip Code: Address: City: State: Zip Code: Address: City: . State: Zip Code: Signature Date Daytime Phone Number Please allow 72 fours for processing 'OVER* Applicant # 2 (List all addresses for the past 5 years, starting with the most current) . Please allow 72 fours for processing . . . ATTACHMENT B PARKVIEW VILLA NORTH AND SOUTH TENTATIVE STAFFING ASSUMPTIONS Manager 0.8-1.0 FTE Maintenance 0.75-1.0 FTE Caretaker 1 0.5 FTE Caretaker 2 0.5 FTE Office Assistant 0.4 - 0.5 FTE FTE - Fulltime Equivalency ATTAC f-t(Y1 EN! G u.s. Department of Housing and Urban Development Office of Public and Indian Housing Representations, Certifications, and Other Statements of Bidders Public and Indian Housing Programs Previous edilionis obsolete form HUD-5369-A (11/92) "~ ;t"):ml:}'--:t'-:m,]:-~-i'" . . . Representations, Certifications, .nd Other Statements of Bidders .blic and Indian Housing Programs Table of Contents Clause 1 Certificate of Independent Price Determination 2. Contingent Fee Representation and Agreement 3. Certification and Disclosure Regarding Payments to Jnfluence Certain Federal Transactions 4 Organizational Conflicts of Interest Certification 5. Bidder's Certification of Eligibility 6 Minimum Bid Acceptance Period 7. Small, Minority, Women.Owned Business Concern Representation 8. Indian-Owned Economic Enterprise and Indian Organization Representation 9. Certification of Eligibility Under the Oavis.Bacon Act 10. Certification of Nonsegregated Facilities 11. Clean Air and Water Certification 12. Previous Participation Certificate 13. Bidder's Signature Page 1 1 1. Certificate of Independent Price Determination (a) The bidder certifies that-- (1) The prices in this bid have been arrived at independently, .out, for the purpose of restric.ting competitio~, any consultati?n, munication, or agreement with any other bidder or competitor relating to (i) those prices, (ii) the intention to submit a bid, or (iii) the methods or factors used to calculate the prices offered; (2) The prices in this bid have not been and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a competitive proposal solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the bidder to induce any other concern to submit or not to submit a bid for the purpose of restricting competition. (b) Each signature on the bid is considered to be a certification by the signatory that the signatory-- (1) Is the person in the bidder's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(I) through (a)(3) above; or (2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principalS have not participated, and will not participate in any action contrary to subparagraphs (a)(I) through (a)(3) above. ----------_____________________________________ [insert full name of person(s) in the bidder's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the bidder's. organization]; ~ (ii) As an authorized agent, does certify that the principals d in subdivision (b)(2)(i) above have not participated, and will n participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and Previous edition is obsolete Page1of3 1 2 2 2 (iii) As an agent, has not personally participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above. (c) If the bidder deletes or modifies subparagraph (a)2 above, the bidder must furnish with its bid a signed statement setting forth in detail the circumstances of the disclosure. [ ] [Contracting Officer check if following paragraph is applicable] (d) Non-collusive affidavit. (applicable to contracts for construction and equipment exceeding $50,000) (1) Each bidder shall execute, in the form provided by the PHAI IHA:'an affidavit to the effect that he/she has not colluded with any other person, firm or corporation in regard to any bid submitted in response to this solicitation. If the successful bidder did not submit the affidavit with his/her bid, he/she must submit it within three (3) working days of bid opening. Failure to submit the affidavit by that date may render the bid nonresponsive. No contract award will be made without a properly executed affidavit. (2) A fully executed "Non-collusive Affidavit" [] is, [ ] is not included with the bid. 2. Contingent Fee Representation and Agreement (a) Definitions. As used in this provision: "Bona fide employee" means a person, employed by a bidder and subject to the bidder's supervision and control as to time, place, and manner of performance, who neither exerts, nor proposes to exert improper influence to solicit or obtain contracts nor holds out as being able to obtain any contract(s) through improper influence. "Improper influence" means any influence that induces or tends to induce a PHAlIHA employee or officer to give consideration or to act regarding a PHAlIHA contract on any basis other than the merits of the matter. (b) The bidder represents and certifies as part of its bid that, except for full-time bona fide employees working solely for the bidder, the bidder: (1) [ ] has, [ ] has not employed or retained any person or company to solicit or obtain this contract; and (2) [ ] has, [ ] has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract. (c) If the answer to either (a)(1) or (a)(2) above is affirmative, the bidder shall make an immediate and full written disclosure to the PHA/IHA Contracting Officer. (d) Any misrepresentation by the bidder shail give the PHAJlHA the right to (1) terminate the contract; (2) at its discretion, deduct from contract payments the amount of any commission, percentage, brokerage, or other contingent fee; or (3) take other remedy pursuant to the contract. 3. Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (applicabte to contracts exceeding $100,000) (a) The definitions and prohibitions contained in Section title 31 United States Code, are hereby in para'graPh (b) of this certification. 2 2 3 3 3 3 3 (b) The bidder, by signing its bid. hereby certifies to the best of his or her knowledge and belief as of December 23, 1989 that: (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of a contract resulting from this solicitation; (2) If any funds other than Federal appropriated funds (includ- ing profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the bidder shall complete and submit, with its bid, OMS standard form LLL, "Disclosure of Lobbying Activities;" and (3) He or she will include the language of this certification in all subcontracts at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. (c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure. (d) Indian tribes (except those chartered by States) and Indian organizations as defined in section 4 of the Indian Self-Determina- tion and Education Assistance Act (25 U.S.C. 450B) are exempt from the requirements of this provision. 4. Organizational Conflicts of Interest Certification The bidder certifies that to the best of its knowledge and belief and except as otherwise disclosed, he Of she does not have any organizational conflict of interest which is defined as a situation in which the nature of work to be performed under this proposed contract and the bidder's organizational, financial, contractual, or other interests may, without some restriction on future activities: (a) Result in an unfair competitive advantage to the bidder; or, (b) Impair the bidder's objectivity in performing the contract work. [ ] In the absence of any actual or apparent conflict, I hereby certify that to the best of my knowledge and belief, no actual or apparent '. conflict of interest exists with regard to my possible performance of this procurement. 5. Bidder's Certification of Eligibility (al By the submission of this bid, the bidder certifies that to the best of its knowledge and belief, neither it, nor any person or firm which has an interest in the bidder's firm, nor any of the bidder's subcon- tractors, is ineligible to: (1) Be awarded contracts by any agency of the United States Government. HUD, or the State in which this contract is to be performed; or, (2) Participate in HUD programs pursuant to 24 CFR Part 24 (b) The certification in paragraph (a) above is a material represen. tation of fact upon which reliance was placed when making award. If it is later determined that t~l? bidder knowingly rendered an erroneous certification, the contract may be terminated for default, and the bidder may be debarred or suspended from participation in HUD programs and other Federal contract programs. Previous edition is obsolete Page 2 of 3 6. Minimum Bid Acceptance Period (a) "Acceptance period," as used in this provision, means the number of calendar days available to the PHAlIHA for awarding~ contract from the date specified in this solicitation for receipt of bi~ (b) This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation. (c) The PHA/lHA requires a minimum acceptance period of (Contracting Officer insert time period] calendar days. (d) In the space provided immediately below, bidders may specify a longer acceptance period than the PHA's/lHA's minimum require- ment. The bidder allows the following acceptance period: calendar days. (e) A bid allowing less than the PHA's/IHA's minimum acceptance period will be rejected. (f) The bidder agrees to execute all that it has undertaken to do, in compliance with its bid, if that bid is accepted in writing within (1) the acceptance period stated in paragraph (c) above or (2) any longer acceptance period stated in paragraph (d) above. 7, Small, Minority, Women-Owned Business Concern Representation The bidder represents and certifies as part of its bid! offer that it __ (a) [ ] is, [ J is not a small business concern. "Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding, and qualified as a small business under the criteria and size standards in 13 CFR 121. (b) [ ] is, [ ] is not a women-owned business enterprise. "Women- owned business enterprise," as used in this provision, means a business that is at least 51 percent owned by a woman or women who are U.S. citizens and who also control and operate the bUSiness. (c) [ ] is, [ J is not a minority business enterprise. "Minority business enterprise," as used in this provision, means a business which is at least 51 percent owned or controlled by one or more minority group members or, in the case of a publicly owned business, at least 51 percent of its voting stock is owned by one or more minority group members, and whose management and daily opera- tions are controlled by one or more such individuals. For the purpose of this definition, minority group members are: (Check the block applicable to you) [ ] Black Americans [ ] Asian Pacific Americans [ J Hispanic Americans [ ] Asian Indian Americans ( ] Native Americans [ ] Hasidic Jewish Americans 8, Indian-Owned Economic Enterprise and Indian Organization Representation (applicable only if this solicitation is for a contract to be performed on a project for an Indian Housing Authority) The bidder represents and certifies that it: (a) [ ] is, [ ] is not an Indian-owned economic enterprise. "Economic enterprise," as used in this provision, means any com- mercial, industrial, or business activity established or organized for the purpose of profit, which is at least 51 percent Indian owned. "Indian," as used in this provision, means any person who is a member of any tribe, band, group, pueblo, or community which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs and any "Native" as defined in the Alaska Native Claims Settlement Act. . (b) [ ] is, [ ] is not an Indian organization. "Indian organization," as used in this provision, means the governing body of any Indian tribe or entity established or recognized by such governing body. Indian "tribe" means any Indian tribe, band, group, pueblo, or form HUD-5369-A (11192) community Including Native villages and Native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as eined in the Alaska Native Claims Settlement Act, which is ognized by the Federal Government as eligible for services from the Bureau of Indian Affairs. 9, Certification of Eligibility Under the Davis-Bacon Act (applicable to construction contracts exceeding $2,000) (a) By the submission of this bid, the bidder certifies that neither it nor any person or firm who has an interest in the bidder's firm is a person or firm ineligible to be awarded contracts by the United States Government by virtue of section 3(a) of the Davis.Bacon Act or 29 CFR 5.12(a)(1). (b) No part of the contract resulting from this solicitation shall be subcontracted to any person or firm ineligible to be awarded contracts by the United States Government by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (c) The penalty for making faise statements is prescribed in the U. S. Criminal Code, 18 U.S.C. 1001. 10. Certification of Nonsegregated Facilities (applicable to contracts exceeding $10,000) (a) The bidder's attention is called to the clause entitled Equal Employment Opportunity of the General Conditions of the Con- tract for Construction, (b) "Segregated facilities," as' used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation ar entertainment areas, transportation, and housing facilities provided 6emPlOyeeS, that are segregated by explicit directive or are in fact regaled on the basis of race, color, religion, or national origin cause of habit, local custom, or otherwise. (c) By the submission of this bid, the bidder certifies thatit does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The bidder agrees that a breach of this certification is a violation of the Equal Employment Opportunity clause in the contract. (d) The bidder further agrees that (except where it has obtained identicaL certifications from proposed subcontractors for speCIfic " time periods) prior to entering into subcontracts which exceed $10,000 and are not exempt from the requirements of the Equal Employment Opportunity ciause, it wiil: (1) Obtain identical certifications from the proposed subcon- tractors; (2) Retain the certifications in its files; and (3) Forward the following notice to the proposed subcontrac- tors (except if the proposed subcontractors have submitted identical certifications for specific time periods)' . Previous edition is obsolete Page3of3 Notice to Prospective Subcontractors of Requirement for Certifications of Nonsegregated Facilities A Certification of Nonsegregated Facilities must be submitted before the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Employment Opportunity clause of the prime contract. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). Note: The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001, 11. Clean Air and Water Certification (applicable to con- tracts exceeding $100,000) The bidder certifies that: (a) Any facility to be used in the performance of this contract [ ] is, .f ] is not listed on the Environmental Protection Agency List of Violating Facilities: (b) The bidder wili immediately notify the PHAlIHA Contracting Officer, before award, of the receipt of any communication from the Administrator, or a designee, of the Environmental Protection Agency, indicating that any facility that the bidder proposes to use far the performance of the contract is under consideration to be listed on the EPA List of Violating Facilities; and, (c) The bidder will include a certification substantially the same as this certification, including this paragraph (c), in every nonexempt subcontract, 12. Previous Participation Certificate (applicable to construction and equipment contracts exceeding $50,000) (a) The bidder shall complete and submit with his/her bid the Form HUD-2530, "Previous Participation Certificate." If the successful bidder does not submit the certificate with his/her bid, he/she must submit it within three (3) working days of bid opening. Failure to submit the certificate by that date may render the bid nonresponsive. No contract award will be made without a properly executed certifi- cate. (b) A fully executed "Previous Participation Certificate" [ ] is, [ ] is not included with the bid. 13, Bidder's Signature The bidder hereby certifies that the information contained in these certifications and representations is accurate, complete, and current. (Signature and Date) (fyp8dor-printedN;mie)----------~----~ (Title) (Company Name) (Company Address) AliA C1-\mi::.\.l\ \:) U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMS Approval No. 2577-0015 (exp,09/30/2005) Contract Provisions Required by Federal Law or Owner Contract with the U.S. Department of Housing and Urban Development PrevIous editions are obsolete lorm HUD.51915.A (9198) ref. Handbooks 7417 1, 7450.1 & 7460.8 . . . Contract Provisions Required by Federal Law or Owner Contract with the U.S. Department of .using and Urban Development U. S. Department of Housing and Urban Development Office of Public and Indian Housing OMS Approval No. 2577.C015 (exp.3/31/2002) PUbl~C reporting burden for this collectio~ of .in.formation is estimated to average. 3 hours pe.r fe.sponse, including the time for reviewing instructions, searching eXisting data sources, gathering and mamtalnlng the data needed, and complel~ng and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to. a collection of information unless that colleclan displays a valid OMS control number. These contracts between a HUD grantee (housing agency (HA)) and an architect/engineer (AlE) for design and construction services do not require either party to submit any materials to HUO. The forms provide a contractual agreement for the services to be provided by the AlE and establishes responsibilities of both parties pursuant to the contract. The regulatory authority is 24 CFR 85.36. These contractual agreements are required by Federal law or regulation pursuant to 24 CFR Part 85.36. Signing of the contracts is required to obtain or retain benefits. The contracts do not lend themselves to confidentiality. 1.0 Contract Provisions Required by Federal Law or Owner Contract \v][h the U.S. Department of Housing and Urban Development (HUD). !.I Cuntract Adjustmencs. Notwithstanding any other term or condi[ion of this Agreement, any settlement or equitable adjust- ment due to termination, suspension or delays by the Owner shall be negotiated based on the cost principles stated at 48 CFR Subpart 31.2 and conform to the Contract pricing provisions of24 CFR 85.36 (f). 1.2 Additional Services. The Owner shall perform a cost or price analysis as required by 24 CFR 85.36 (F) prior to the issuance of a contract modification/amendment for Additional Sen il2es. Such Additional Services shall be within the general scope uf serVices covered by this Agreement. The Design Protes- sional shall provide supporting cost information in sufficient detail to permit the Owner to perfonn the required cost or price analysis. .Restrictive Drawings and Specifications. In accordance with R 85.36(c)(3)(i) and contract agreements between the Owner and HUD, the Design Professional shall not require the use of materials, products, or services that unduly restrict competition. 1.4 Design Certifi9i1tion. Where the O\vner is required by federal regulations to provide HUD a Design Professional certi- fication regarding the design of the Projec~s (24 CFR 968.235), the Design Professional shall provide such a certification to the Owner. 1.5 Retention and Inspection of Records. Pursuant to 24 CFR 85.26(i)( I 0) and (I I), access shall be given by the Design Profes- sional to the Owner, HUD, the Comptroller General of the United States, or any of their duly authorized representatives, to any books, documents, papers, and records of the Design Professional which are directly pertinent to that specific Contract for the purpose of making an audit, examination, excerpts, and transcrip- tions. All required records shall be retained for three years after the Owner or Design Professional and other subgrantees make final payments and all other pending matters are closed. 1.6 Copyrights and Rights in Data. HUD has no regulations pertaining to copyrights or rights in data as provided in 24 CFR 85.36. HUD requirements, Article 45 of the General Conditions to the Contract for Construction (form HUD-5370) requires that contractors pay all royalties and license fees. Alt drawings and specifications prepared by the De.sign Professional pursuant to t.ontract will identify any applicable patents to enable the b ,3.1 contractor to fulfil the requirements of the construction contr:J.ct PrevIous editions are obsolete Page 1 of 3 1.7 Conflicts of Interest. Based in part on federal regulations (24 CFR 85.36(b)) and Contract agreement between the Owner and HUD, no employee, officer, or agent of the Owner (RUD grantee) shall participate in selection, or in the award or admin- istnition ofa contract supported by Federal funds if a contlict of interest, real or apparent, would be involved. Such a conflict would arise when: (i) The employee, officer or agent, (ii) Any member of his or her immediate family, (iii) His or her partner, or (iv) An organization that employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The grantee's or subgrantee's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from Contractors, or parties to sub-agreements. Grantees and sub grantees may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent pennit- ted by State or local law or regulations, such standards or conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the grantee's and subgrantee's officers, employees, or agents or by Contractors or their agents. The awarding agency may in regulation provide additional prohi- bitions relative to reat, apparent, or potential conflicts of interest. Neither the Owner nor any of its contractors or their subcontractors " shall enter into any Contract, subcontract, or agreement, in connec- tion with any Project or any property included or planned to be included in any Project, in which any member, officer, or employee of the Owner, or any member of the governing body of the locality in which the Project is situated, or any member of the governing body of the locality in which the Owner was activated, or in any other public official of such locality or localities who exercises any responsibilities or functions with respect to the Project during his/her tenure or for one year thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee of the Owner, or any such governing body member or such other public official of such locality or localities involuntarily acquires or had acquired prior to the beginning of his/her tenure any such interest, and if such interest is immediately disclosed to the Owner and such disclosure is entered upon the minutes of the Owner, the Owner, with the prior approval of the Government, may waive the prohibition contained in this subsection: Provided, That any such present member, officer, or employee of the Owner shall not participate in any action by the Owner relating to such contract, subcontract,or ref. No member, officer, or employee of the Owner, no member of the governing body of the locality in which the project is situated, no member of the governing body of the locality in which the Owner WJS activated. Jnd no other public official of such locality or localities who exercises any functions or responsibilities with respect [Q the project. during hls/her tenure or for one year thereJfter, shall have any interest. direct or indirect, in this contract or the proceeds thereof. 1.3 Disputes. In part because of HUD regulations (24 CFR 35.36(i)( 1 )), this Design Professional Agreement, unless it is a small purchase contract, has administrative, contractual, or legal remedies for instances where the Design Professional violates or breaches Agreement terms, and provide for such sanctions and penCIl ties as may be appropriate. 1 9 Termination. In part because ofHUD regulations (24 CFR 85.36(i)(2)}, this Design Professional Agreement, unless it is for In amount of S I 0,000 or less, has requirements regarding termi- nation by the Owner when for cause or convenience. These include the manner by which the termination will be effected and basis for settlement. 1.10 [nterest of Members of Congress. Because of Contract agreement between the Owner and HUD, no member of or delegate to the Congress of the United States of America or Resident Commissioner shall be admitted to any share or part of this ConrrJct or to any benefi[ to arise from it. 1.11 Limitation of Payments to Influence Certain Federal Trans- :J.ction, The Limitation on Use of Appropriated Funds to Influ- ence Certain Ft::deral Contracting and Financial Transactions Act, Section 1352 orTitle 31 V.S.c., provides in part that no appropri~ ated funds may be expended by recipient of a federal contract, grant, loan, or cooperative agreement to pay any person, includ- ing the Design Professional, for influencing or attempting to intluence an officer or employee of Congress in connection with any of the following covered Federal actions: the awarding of any federal contract, the making of any Federal gr<:lnt, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment. or modifi- catIon of any federal contract, grant, loan, or cooperative agree- " ment. 1.12 Employment, Training, and Contracting Opportunities for Low-Income Persons, Section 3 of the Housing and Urban Devel~ opment Act of 1968. A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent fe3sible, be directed to low- and very low-income persons, par- ticularly persons who are recipients ofHUD assistance for hous- Ing. B. The parties to this contract agree to comply with Hen' regulations in 24 CFR part 135, which implement section ~ .\s '. J. ~s eVIdenced by their execution of this contract, the parties to t.' . ... Contract certify that they are under no contractual or other i .. pediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization Or representative of workers with which the contractor has a collec~ tive bargaining agreement or other understanding, ifany, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both' employees and applicants for training and employ- ment positions can see the notice. The notice shall describe rhe section 3 preference, shall set forth minimum number and job title,S subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcon- tract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor wil! certify that any vacant emplOyment. positions, including trJining positions, that are tilled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFRpart 135 may result in sanctions, termination of this contract for default, ,md debarment or suspension from future HUD assisted contracts. G. Reserved. H. Reserved. 1.13 Reserved. 1.14 Clean Air and Water, (Applicable to contracts in excess of 5100,000). Because of24 CFR 85.36(i)(I2) and federal law, the Design Professional shall comply with applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. g 1857h-4 transferred to 42 USC g 7607, section 508 of the Clean Water Act (33 U.S.C. g 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15), on all contracts, subcontracts, and subgrants of amounts in excess of S 1 00,000. . PrevIous editions are obsolete Page 2 of 3 form HUD-51915-A (9i98) ref. Handbooks 7417.1, 7450.1 & 7460.8 . 1.15 Energy Efficiency Pursuam to Federal regulations (2-1- ~ C F.R SS.J6(i)(lJ)) and Federal Jaw, except when workingon:m Indian housing authority Project on an Indian reservation, the _esign Professional shall comply with the mandatory standards Wd policies relating to energy effi~iency :vhich ar~ contai.ned in tht: state energy conservation p1.:J.n Issued In complIance with the Energy Policy and Conservation Act (Pub. L. 94-163 codified at .)1 u.S.C.A. j 6311 er. seq.). 1 16 Prevailing Wages. tn accordance with Section 12 of the U.s. Housing Act of 1937 (42 USe. 1437j) the Design Profes- sional shall pay not less than the wages prevailing in the locality, as determined by or adopted (subsequent to a determination under applicable State or local law) by the Secretary of HUD, to all architects, technical engineers, draftsmen, and technicians. . . PrevIous editions are obsolete Page3013 1.17 Non~applicJbility of Fair Housing Requirements tn Indian Housing Authority Contracts. Pursuant to 24 CFR section 905.115(b) title VI of the Civil Rights Act of 1964 (42 [;.s.C. 2000d~2000d~4), which prohibits discrimination on the basis of race, color or national origin in federally assisted programs. and the Fair Housing Act (42 USe. 3601-3620), which prohibits discrimination based on race, color, religion, sex. national origin, handicap, or familial status in the sale- or rental of housing do not apply to Indian Housing Authorities established by exercise ofa Tribe's powers of self-government. 1.18 Prohibition Against Liens. The Design professional is Prohib- ited from ptacing a lien on the Owner's property. This prohibition shall be placed in all design professional subcontracts. . COLUMBIA HEIGHTS I--!OUSING AND REDEVELOPMENT AUTHORITY (HRA) Meeting of: August 20, 2003 AGENDA SECTION: Items for Consideration ORIGINATING EXECUTIVE NO: 7-2 DEPARTMENT: HRA DIRECTOR APPROVAL ITEM: Sale of 4607 Tyler Street BY: Robert Streetar BY: DATE: November 12, 2003 BACKGROUND: At the August 20, HRA meeting the Board approved a purchase agreement between the HRA and Minnesota Housing Resources, Inc. for the sale of 4607 Tyler. Subsequently, the County notified the HRA that the County Board has to take action approving the sale before the Columbia Heights BRA takes final action. The County Board has taken action, subsequently; the County has asked that the HRA approve again the purchase agreement. This is merely a housekeeping item, to comply with Federal CDBG regulations. . RECO MMEND A TI ON: Staff recommends Board approve of the Purchase Agreement with Minnesota Housing Resources for the sale of 4607 Tyler Street. RECOMMENDED MOTION: Move to approve the sale of 4607 Tyler Street to Minnesota Housing Resources for $160,000 with the stipulations outlined in the Purchase Agreement; and furthemlore, to authorize the Chair and Executive Director to enter into an agreement for the same. HRA ACTION: h \HPA Consent2003\Sale of 4607 Tyler COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY (HRA) Meeting of: November 18, 2003 aENDA SECTION: Items for Consideration ORIGINATING EXECUTIVE NO: 7-3 DEPARTMENT: DIRECTOR Community Development APPROVAL ITEM: Parkview Villa South Rent Adjustments BY: Robert Streetar BY: DATE: November 11, 2003 BACKGROUND: At the October 21 , 2003 HRA meeting, Commissioners directed staff to recommend rent increases for new residents moving into Parkview Villa South (PVVS). These rent increases are based upon information the management company obtained for like properties owned and managed by the Anoka County HRA. Rent adjustments were suggested as a means to begin to address the revenue shortfall currently at PVVS. Rent adjustments would take effect beginning December 1, 2003 and be in effect for 2004. Current Structure Recommended Structure Serves 62 years and older No Change Maximum Income* -1 person $39,550 No Change -2 person $45,200 No Change Rent 1 Bedroom Capped at 30% of annual income with a: Capped removed . -Minimum $250 $502 -Maximum $425 2 Bedroom Capped at 30% of annual income with a: Capped removed -Minimum $325 $674 -Maximum $500 *Established by the Department of Housing and Urban Development for 2003. Adjusted annually. RECOMMENDATION: Staff recommends the HRA approve the rent adjustment for new residents to take effect December 1, 2003. RECOMMENDED MOTION: Move to approve the rent adjustment for new residents to take effect December 1, 2003. EDA ACTION: