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2017-08-22 HRA Agenda PacketPLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS. MOUND HOUSING & REDEVELOPMENTAUTHORITY REGULAR TUESDAY,0 MOUND CITY COUNCILCHAMBERS Page 1. Opening the meeting 2. Action approving agenda, with any amendments 3. Action approving minutes: June 27, 2017 regular meeting 1-2 (Note: No HRA meetings were held in July or on August 8) 4. Action on Resolution Authorizing the Levy of a Special Benefit 3 Levy Pursuant to Minnesota Statutes, Section 469.033, Subdivision 6, and Approval of a Budget for Fiscal Year 2018 5. Action on Resolution Approving Capital Fund Program Amendment 4-19 for Fiscal Year 2017, the 2017 Capital Fund Annual Statement, the 8 Capital Fund Program Five Year Action Plan for 2017-2021, and the HUD Certifications for the benefit of the IKM Limited Partnership, LLC and its Balsam Hill Apartments & Townhomes 6. Adjourn June 27, 2017 The Mound Housing and Redevelopment Authority in and for the City of Mound, Minnesota, met in regular session on Tuesday, June 27, 2017, at 6:55 p.m. in the council chambers of the Centennial Building. Members present: Chair Mark Wegscheid, Commissioners Ray Salazar, Jeff Bergquist, Kelli Gillispie, and Jennifer Peterson Members absent: none Others present: City Manager and Director of Public Works Eric Hoversten, Community Development Director Sarah Smith, Administrative Assistant Mary Mackres, Assistant City Engineer Brian Simmons of Bolton & Menk, Consultant Planner Rita Trapp, Director of Finance and Administrative Services Catherine Pausche, Roger Fink, Rita Hughes, Terry Hughes, Dan Anderson, Fritz Gullickson, Louis Colson, Tom Pfeiffer, and Steve McDonald 1. Open meeting Chair Mark Wegscheid called the meeting to order at 6:55 p.m. 2. Approve agenda MOTION by Salazar, seconded by Bergquist, to approve the agenda. All voted in favor. Motion carried. 3. Approve minutes MOTION by Salazar, seconded by Peterson, to approve the minutes of the May 23, 2017 regular meeting. All voted in favor. Motion carried. 4. Action on a resolution approving the renaming of Indian Knoll Manor to Balsam Hill Apartments and Townhomes Catherine Pausche presented resolution. Aeon has requested the renaming of Indian Knoll Manor to Balsam Hill Apartments and Townhomes for rebranding and marketing purposes. Balsam was selected as that is the side street that the property abuts. MOTION by Salazar, seconded by Peterson to approve the resolution. All voted in favor. Motion carried. 5. Action on a resolution approving the declaration amendment between IKM Limited Partnership, LLC and Minnehaha Creek Watershed District Catherine Pausche presented resolution. There was a change In storm water layout which led to a change in the agreement with the Minnehaha Creek Watershed District (MCWD). City Staff is in support of the changes. MOTION by Salazar, seconded by Gillispie to approve the resolution. All voted in favor. Motion carried. RESOLUTION NO. RESOLUTION APPRDECLARATION BETWEEN IKM LIMITED PARTNERSHIP, LLC AND MINNEHAHA CREEK WATERSHED DISTRICT -1- HRA Minutes—June 27, 2017 6. Adjourn MOTION by Peterson, seconded by Bergquist, to adjourn at 6:58 p.m. All voted in favor. Motion carried. Attest: Catherine Pausche, Clerk OR Chair Mark Wegscheid 104-1141 Nit 11 NU I k, rolw� • - • - • :� • r •• WHEREAS the Housing and Redevelopment Authority in and for the City of Mound (the "HRA") has been duly established and operates under Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act"); and WHEREAS, Section 469.033, Subdivision 6, of the HRA Act permits the HRA to levy and collect a special benefit levy of up to .0185 percent of taxable market value in the City upon all taxable real property within the City in order to finance housing and redevelopment activities authorized under the HRA Act; and WHEREAS, the HRA has reviewed a budget for its operations for fiscal year 2018, which budget earmarks the special benefits levy to pay debt service for the Mound Transit Center bonds and any other costs related to HRR administrative, operating and/or capital expenses; and NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Mound as follows: The budgets for the Mound Transit Center debt service and maintenance costs for fiscal year 2018 are hereby in all respects approved. 2. Staff of the HRA are hereby authorized and directed to file the budget with the City in accordance with Minnesota Statutes, Section 469.033, Subdivision 6. 3. The Board approves a special benefit levy for taxes payable in 2018 pursuant to Minnesota Statutes, Section 469.033, Subdivision 6, in an amount not to exceed $218,404, subject to the consent of the City Council of the City. 4. Staff of the HRA are hereby authorized and directed to seek the approval by resolution of the City Council of the City of the levy of special benefit taxes in 2018, certify such proposed special levy with the Hennepin County Auditor by September 29, 2017, certify the final levy with the County Auditor by the specified date and take such other actions as are necessary to levy and certify such levy. Approved this 22nd day of August, 2017 by the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Mound. Attest: Catherine Pausche, Clerk -3- Chair Mark Wegscheid MOUND HOUSING AND REDEVELOPMENT AUTHORITY 2415 WILSHIRE BOULEVARD MOUND, MINNESOTA 55364 August 17, 2017 To: HRA Board of Commissioners From: Catherine Pausche, Director of Finance & Administrative Services Subject: HUD 2017 Capital Funds Due to the fact that we closed on the sale of Indian Knoll Manor in December and not November, HUD had already appropriated IKM funds to Public and Indian Housing (governmental entities), and not Multi -family (non-profit entities). Therefore, we must act as fiscal agent as we have for grants from the Met Council and Hennepin County and we need to approve the Capital Funds ACC Amendment for Aeon to receive the appropriated capital funds. These funds and subsequent pass through payment to Aeon(IKM Limited Partnership, LLC) will be recorded in the HRA Special Revenue Fund 285 and will have no effect on our bottom line. In fact, I am still trying to lobby for the funds to go directly to Aeon(IKM Limited Partnership, LLC) as they are the entity with the HAP contract with HUD, not us. This is all just bureaucratic red tape and will be handled by Staff, but having the HRA go through the motions is necessary. Staff recommends approval of the attached resolution. Please let Catherine know if you have any questions. In Catherine - 1 reached out to the Director of Capital Improvements at HQ as you can see below in regards to the ACC amendments for Capital Fund 2017 grants. The 17' CF grant was to be used for HAP payments only to IKM (see below). I think I characterized the justifications you provided to me rather clearly to HQ. I have advised per our phone conversation you were not willing to sign the ACC's. Headway is being made on creating a LOCCS profile for IKM/AEON and hoping to have MN074 accounts transferred over. (This is being worked on presently) If you decide you are willing to sign the ACC amendment documents, I believe Eric should have sent you the link now to access them. If he hasn't, let me know and I can get it from him. Aeon/IKM was expecting these funds in addition to the operating subsidy for 2017. Anthony Landecker Portfolio Management Specialist U.S. Department of Housing and Urban Development From: Pour, Ivan M Sent: Tuesday, August 15, 2017 9:58 AM To: Landecker, Anthony S <Anthony.S.Landecker@hud.gov> Subject: RE: Indian Knoll Manor, RAD HAP MN46RD00001, formerly MN074 NRA of Mound, Operating Grant MN074-00000117D Hi Anthony, As I indicated at the time, the PHA was entitled to funding for FY 2017, but only for the purpose of making HAP payments for the rest of this calendar year. However, if the PHA is unwilling to execute the ACC amendment, we cannot process any payment to the PHA and the funds will need to be de -reserved. For now, you can put in SharePoint that the PHA has not submitted and that will provide a bit more time until next month when we do the final round. Best, Ivan M. Pour, Director From: Landecker, Anthony S Sent: Tuesday, August 15, 2017 9:32 AM To: Pour, Ivan M Subject: RE: Indian Knoll Manor, RAD HAP MN46RD00001, formerly MN074 HRA of Mound, Operating Grant MN074-00000117D Good Morning Ivan - In regards to this email from you below- I have been receiving resistance from the Mound HRA (MN074) on taking any further action in regards to Operating Subsidy draw downs, or signing ACC amendments for the 2017 Capital Funds they were awarded. Below I have outlined the reasoning given from the PHA. Justifications provided by the PHA: -5- • The PHA did a full PBRA conversion and has indicated to the FO they have dissolved as a housing authority. • Staff assigned previously do not function in a housing authority role any longer. • They had a board resolution signed by the commissioners dissolving the PHA back on 12/31/2016. • They have closed all bank accounts associated with MN074 in LOCCS and have no accounts to deposit operating/capital funds for draw downs. We need direction on how to proceed, especially in regards to the 2017 Capital Fund ACC Amendments. As MN074 has indicated they will not sign, as further reporting/processing requirements are not viable with the PHA being dissolved. From: Pour, Ivan M Sent: Thursday, July 13, 2017 3:08 PM To: LaSota, Julie A <Julie.A.Lasota@hud.Rov> Subject: RE: Indian Knoll Manor, RAD HAP MN46RD00001, formerly MN074 HRA of Mound, Operating Grant MN074-00000117D Julie, This PHA did a full conversion of its units to RAD and closed in December 2016. The PHA budgeted all of its Capital Fund grant funds to operations and drew them down on 6/10/2016, so to the extent any funds remained, those funds were in the PHAs possession at the time of the RAD closing. The PHA has $59,847 remaining in its Operating Fund account, which can be used to make HAP payments in calendar year 2017. Since the PHA no longer has any public housing units or property, the PHA can only expend these remaining funds for the necessary HAP payments. Once the TRACS submissions are approved, they can be paid by the HRA to the single -asset owner. The PHA is entitled to receive Capital Funds for FFY 2017, so it will be receiving a grant of $39,380, which can also be used to make HAP payments in 2017. The PHA will need to execute an ACC amendment, and will need to budget the funds in 1503 for the HAP payments. Once the budget is approved, the PHA will need to draw the funds down from LOCCS and make the payment directly to the new owner. The PHA must ensure that it receives the TRACS requisition and that the information is correct. At the end of the year, any funds remaining in 1503 would be recaptured, and a recapture ACC amendment would be sent to the PHA for execution. if there are not sufficient funds during the year to make all the required HAP payments, the PHA will need to supply those funds from other sources. 1 am copying Julie Staycoff since she may have some information on this PHA, or if not she should be able to refer you to another specialist. Best, Ivan M. Pour, Director U.S. Department of Housing and Urban Development Office of Public Housing Investments 451 Seventh Street, SW, Room 4146 Washington, DC 20410 0 MOUND HOUSING AND REDEVELOPMENT AUTHORITY INDIAN KNOLL MANOR APARTMENTS 2020 COMMERCE BLVD. MOUND, MINNESOTA 55364 June 15, 2017 Mr. Alan Kaufmann Branch Chief Department of Housing and Urban Development 4517" Street, S.W. Room 6130 Washington, DC 20410 Subject: Mound Housing & Redevelopment Authority's 2017 Capital Fund Grant Dear Mr. Kaufmann: Please be advised that the Mound Housing & Redevelopment Authority will apply the total amount of its 2017 Capital Fund grant, MN46P07450117, received from the US Department of Housing and Urban Development (HUD), to Authority Operating Reserves for the Indian Knoll Manor Project that is the subject of the Rental Assistance Demonstration (RAD) conversion on December 12, 2016. The Mound Housing & Redevelopment Authority acknowledges that the Indian Knoll Manor Project is its last public housing development. Please contact meat you have any questions. Sincerely, Enc Hoversten Executive Director Mound Housing & Redevelopment Authority -7- MOUND HOUSING AND RiAUTHORITY RESOLUTION Ni AMENDMENTRESOLUTION APPROVING THE CAPITAL FUND PROGRAM • ' 2017, THE 2017 CAPITAL1 ANNUAL STATEMENT, THE CAPITAL 1 PROGRAM ACTION PLAN FOR1 1 HUD CERTIFICATIONS FOR BENEFIT OF 1 PARTNERSHIP, LLC AND ITS BALSAM APARTMENTS AND TOWNHOMES WHEREAS, the Mound Housing and Redevelopment Authority of Mound, Minnesota (the "HRA") entered into a purchase agreement and sold its 50 -unit low rent public housing project known as Indian Knoll Manor (the "Project") to Aeon, a non-profit developer and operator of affordable housing and its tax credit limited partnership, IKM Limited Partnership; and WHEREAS, the HRA has executed a loan agreement with Aeon and its tax credit limited partnership that will ensure that the agreed upon improvements to the Project will be made and the Project will remain affordable; and WHEREAS, the U.S. Department of Housing and Urban Development is funding the first year of the HAP Contract for this project through Public and Indian Housing, including the Capital Fund Program (CFP), and WHEREAS, the HRA of the City of Mound is required to be the fiscal agent for this first year of funding and will pass through the funds to Aeon and its tax credit limited partnership, NOW THEREFORE, BE IT RESOLVED, The Board of the Mound Housing and Redevelopment Authority approves the following: 1) Capital Fund Program Amendment for Fiscal Year 2017, as presented in Exhibit A 2) 2017 Capital Fund Annual Statement, as presented in Exhibit B 3) Capital Fund Program Five Year Action Plan for 2017 — 2021, as presented in Exhibit C 4) Disclosure of Lobbying Activities, Certification of Payments to Influence Federal Transactions, and PHA Certifications of Compliance with PHA Plans and Related Regulations as presented in Exhibit D Adopted this 22nd day of August, 2017. Attest: Catherine Pausche, Clerk In Chair Mark Wegscheid Capital Fund Program (CFP) Amendment To The Consolidated Annual Contributions Contract (form HUD -53012) 2017 Capital Fund Exhibit A Page 1 of 1 U.S. Department of Housing and Urban Development Office of Public and Indian Housing Whereas, (Public Housing Authority) MINNESOTA I MN074 I(herein called the "PFiA") and the United States of America, Secretary of Housing and Urban Development (herein called "HUD") entered into Consolidated Annual Contributions Contract(s) ACC(s) Numbers(s) C-858 dated 6/3/1970 Whereas, HUD has agreed to provide CFP assistance, upon execution of this Amendment, to the PHA in the amount to he specified below, for the purpose of assisting the PHA in carrying out development, capital and management activities at existing public housing projects in order to euSUI a? thal such protects continue to be available to serve low-income families. HUD reserves the right to provide additional CFP assistance, in tNs 1 to the PHA. HUD will provide a revised ACC Amendment authorizing such additional amounts. $ $39,380.00 for Fiscal Year 2017 to be referred to under Capital Fund Grant Number MN46P074501 t 7 PHA Tax Identification Number (TIN): On File DUNS Number: On File Whereas, HUD and the PHA are entering into the CFP Amendment Number Now Therefore, the ACC(s) is (are) amended as followsassistance for development activities for each public housing project ac.;d fora 1 The ACC(s) is (are) amended to provide CFP assistance in the amount period of ten years following the last payment of assistance from the OprruUnd specified above for development, capital and management activities of PHA Fund to each public housing protect i iowvevel. this provisions. of Ser,t,,en 7 of !f,, - projects this CFP Amendment is a part of the ACCs) ACC shall remain in effect for so long as HUD detorminos thera rs any oum:inuw 1 indebtedness of the PHA to HUD which arose in coon -ion wih any piildh, hot,sw I 2 The PI IA must carry out all development, capital and management activities in .accordance with the United States Housing Act of 1937 (the Act), 24 CFR Part 905 (the Capital Fund Final rule) published at 76 F'ad. Reg- 63748 t0ctober 24, 2013), as well as other applicable HUD requirements, except that the hmitalion in section 9(g)(1) of the Act is increased such that of the arnount of CFP assistance provided for under this CFP amendment only, the PHA may use no more than 25 percent for activities that are eligible under section 9(e) of the Act only if the PHA's HUD -approved Five Year Action Plan provides for such use; however, if the PHA owns or operates less than 250 public housing dwelling units, such PHA may continue to use the full flexibility in section 9(g)(2) of the Act 3 The PHA has a HUD -approved Capital Fund Five Year Action Plan and has eoniphed with the requirements for reporting on open grants through the Performance and Evaluation Report The PHA must comply with 24 CFR 906 300 of the Capital I-und Final rule regarding amendment of the Five Year Action Pian where the P1 IA proposes a Significant Amendment to the Capital Fund Five Year Action Plan 4 rbr cases where HUD has approved a Capital Fund Financing Amendment to the ACC, HUD will deduct the payment for amortization scheduled payments train the grant immediately on the effective dale of this CFP Amendment The payment of CFP funds due per the amortization scheduled will be made directly to a designated trustee within 3 days of the due date 5 Unless otherwise provided, the 24 month time period in which the PHA must obligate this CFP assistance pursuant to section 9(j)(1) of the Act and 48 month time period in which the PHA must expend this CFP assistance pursuant to section 90)(5) of the Act starts with the effective date of this CFP amendment fine dale on which CFP assistance becomes available to the PHA for oblgation) Any additional CFP assistance this FY will start with the same affecLve date tt Subiect to the provisions of the ACC(s) and paragraph 3, and to assist In development, capital and management activities, HUD agrees to disburse to the PHA or the designated trustee from time to time as needed up to the arnount of the funding assistance specified herein I the PHA shall continue to operate each public housing project as low- income housing in compliance with the ACC(s), as amended, the Act and all HUD regulations for a period of twenty years after the last disbursement of CFP assistance for modernization activities for each public housing project or portion thereof and for a period of forty years after the last distribution of CFP project(s) under the ACC(s) and which is not eligible ftrr forgiveness. roma per-r�rn;,t further that, no disposition of any project covered Icy this L mondment Olaf! occur unless approved by HUD 8 The PITA will accept all CFP assistance provided for this FY It the PHA door, not comply with any of its obligations under this CI P Aniendnwmt Erna does not have its Annual PHA Plan approved within the penod spenhud by HUD, I IUD shall impose such penalties or take such remedial action as providers by iarr HUD may direct the PHA to terminate all work described in the C,7.pital Fund Annual Statement of the Annual PHA Plan In such case. the PHA small only incur additional costs with HUD approval 9 Implementation or use of funding assistance provided under thi;, CFP Amendment is subject to the attached corrective action orders) (mark one) . 0 Yes 0 No 10 The PHA is required to report in the form[st and frequency estabhshasd by HUD on all open Capital Fund grants awarded. ua;iudintl information rvi Ctrs installation of energy conservation measures 11_ If CFP assistance is provided for activities authorized puisuant to agreements between HUD and the PHA under the Rental Assistance Demonstration Program, the PHA shall follow such applicable statuioi, authorities and all applicable HUD rn gulatums and mquirements For total gonversi n of public housing projectsthe provisions of Section i of 1h, ACC shall remain in effect for so long as HUD determines th,:re is any outstanding indebtedness of the PI IA to HUD which arose in conn,;N on wnh any public housing projects(s) under the ACC(s) and %vhich is not ehgiblo for forgiveness, and provided further that, no disposition or erneersion of n f;talu: housing project covered by these terms arid conditions shall occur un'-.; approved by HUD. For partia/-conversion. the PHA shall continue to 0pr:ra1 7 each non -converted public housing protect as low income hrrs+irv;1 u. accordance with paragraph 7. 12. CFP assistance provided as un Hrnergency grant or i Safzfy and S cunt; grant shall be subject to a 12 rrmonth obligation and 24 month exp, ridtlu.o tuna period CFP assistance provided as a Natural Disaster grant shall be suhject t a 24 month obligation and 48 month expenditure nnie period The stardale shall be the date on which such funding becomes available to tha PHA for obligation The PHA roust record the Declarations) of Trust wain 60 days aI In effective date or HUD will recapture the funds The parties have executed this CFP Amendment, and it will be effective on 8/16/2017. This is the dale on which CFP assistance becomes available to the PHA for obligation. U.S. Department of Housing and Urban Development PHA (Executive Director or authorized agent) By Date: By Beate. I Me Previous versions obsolete Title form HUD -52840-A OMB Approval No 2577-0157 (exp 03131/2020) Exhibit B Page I of 3 O O to co O O Cti Gx LZ El F -5 Z tb JA :03 cl 2 4. 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Type of Federal Action: 2. Status of Federal Action: 3. Report Type: Fb a. contract [ba. bid/offer/application o a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post -award For Material Change Only: d. loan year quarter e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name Q Prime ❑ Subawardee and Address of Prime: Tier , if known: Congressional District, if known: 4c Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program NamelDescription: HUD Public & Indian Housing CFDA Number, if applicable: C-858 8. Federal Action Number, if known: 9. Award Amount, if known: $ 39,380.00 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, Ml): different from No. 10a) N/A (last name, first name, Ml): N/A 11, Information requested through this form is authorized by title 31 U.S.C. section Signature: 1352. This disclosure of lobbying activities is a material representation of fact print Name: Mark Wegscheid upon which reliance was placed by the tier above when this transaction wasmade or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be available for public inspection. Any person who fails to file the Title: Board Chairperson required disclosure shall be subject to a civil penalty of not less than $10,000 and Telephone No.: 612-581-6710 Date: not more than $100,000 for each such failure. Federal Use Only: Authorized for Local Reproduction Standard Form LLL (Rev. 7-97) M Exhibit D Page 2 of b INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity 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 employeeof a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. if this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enterthe name of the Federal agency making the award or loan commitment. Include at least one organizationalievel below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). if known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP -DE -90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Managementand Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503. -15- ,e iflCc'�tiOn Of Payments U.S. Department of Housing and Urban Development t0 Influence Federal Transactions Office of Public and Indian Housid4xhibit D Page 3 of 6 kpp scant Name Mound Housing and Redevelopment Authority 'rogram/Activity Receiving Federal Grant Funding MN074000001 Indian Knoll Manor Fhe undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be )aid, by or on behalf of the undersigned, to any person for nfluencing or attempting to influence an officer or employee of in agency, a Member of Congress, an officer or employee of 'ongress, or an employee of a Member of Congress in connec- ion with the awarding of any Federal contract, the making of any �ederal grant, the making of any Federal loan, the entering into if any cooperative agreement, and the extension, continuation, enewal, amendment, or modification of any Federal contract, ;rant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have >een paid or will be paid to any person for influencing or attempting to influence an officer or employee of an agency, a vlember of Congress, an officer or employee of Congress, or an :mployee of a Member of Congress in connection with this ederal contract, grant, loan, or cooperative agreement, the indersigned shall complete and submit Standard Form -LLL, )isclosure Form to Report Lobbying, in accordance with its nstructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Narning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 012; 31 U.S.G. 3729, 3802) Name of Authorized Official Mark Wegscheid 'revious edition is obsolete fort HUD 50071 (3/98) Title 16 ref. Handbooks 7417.1, 7475.13, 7485.1, & 7485.: Exhibit D Page 4 of 6 Civid Rights CeitWication U.S. Department of Housing and Urban Development Office of Public and Indian Housing Expires 08/30/2011 Civil Rights Certification Annual Certification and Board Resolution 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 of Commissioner, I approve the submission of the Plan for the PHA of which this document is apart and make the following certification and agreement with the Department of Housing and Urban Development (HUD) in connection with the submission of the Plan and implementation thereof- The hereof The PHA certifies that it will carry out the public housing program of the agency 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, and will affirmatively further fair housing. jVWMrAVL • I hereby certify that all the information stated herein, as well as aninformation Provided in the accompaniment herewith, is!ue and accurate. Warning: HUD will rosecute false claims and statements. Conviction may result in criminal an civil enalties. 18 U.S.C. 1001 10 1012 31 U.S.C. 3729 3802 Name of Authorized Official Title signature Date form HUD -50077 -CR (1/2009) -17- OMB Approval No. 2577-0226 with PHA i Related R e 2 u I a t i i Exhibit D Page 5 of 6 U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577-0226 PHA Certifications of Compliance with the PHA Plans and Related Regulations: Board Resolution to Accompany the PHA 5 -Year and Annual PHA Plan Expires 08/30/2011 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 of Commissioners, I approve the submission of the_ 5 -Year and/or_ Annual PHA Plan for the PHA fiscal year beginning hereinafter referred to as " the Plan' , of which this document is apart and make thefollowing certifications and agreements with the Department of Housing and Urban Development (HUD) in connection with the submission of the Plan and implementation thereof 1. The Plan is consistent with the applicable comprehensive housing affordability strategy (or any plan incorporating such strategy) for the jurisdiction in which the PHA is located. 2. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable Consolidated Plan, which includes a certification that requires the preparation of an Analysis of Impediments to Fair Housing Choice, for the PHA's jurisdiction and a description of the manner in which the PHA Plan is consistent with the applicable Consolidated Plan, 3. The PHA certifies that there has been no change, significant or otherwise, to the Capital Fund Program (and Capital Fund Program/Replacement Housing Factor) Annual Statement(s), since submission of its last approved Annual Plan. The Capital Fund Program Annual Statement/Annual Statement/Performance and Evaluation Report must be submitted annually even if there is no change. 4. The PHA has established a Resident Advisory Board or Boards, the membership of which represents the residents assisted by the PHA, consulted with this Board or Boards in developing the Plan, and considered the recommendations of the Board or Boards (24 CFR 903.13). The PHA has included in the Plan submission a copy of the recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations. 5. The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45 days before the hearing, published a notice that a hearing would be held and conducted a hearing to discuss the Plan and invited public comment. 6. The PHA certifies that it will carry out the 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. 7. 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 the PHA's involvement and maintain records reflecting these analyses and actions. 8. For PHA Plan that includes a policy for site based waiting lists: • The PHA regularly submits required data to HUD's 50058 PICAMS Module in an accurate, complete and timely manner (as specified in PIH Notice 2006-24); • 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 affirmatively furthering fair housing; • The PHA provides for review of its site-based waiting list policy to determine if it is consistent with civil rights laws and certifications, as specified in 24 CFR part 903.7(c)(1). 9. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act of 1975. 10. 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. 11. The PHA will comply with the requirements of section 3 of the Housing and Urban Development Act of 1968, Employment Opportunities for Low -or Very -Low Income Persons, and with its implementing regulation at 24 CFR Part 135. 12. The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable. Previous version is obsolete 17µ1 7 of 2 form HUD -50077 (4/2008) Exhibit D Page 6 of 6 13. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.105(a). 14, The PHA will provide the responsible entity or HUD any documentation that the responsible entity or HUD needs to carry out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58 or Part 50, respectively. 15. With respect to public housing the PHA will comply with Davis -Bacon or HUD determined wage rate requirements under Section 12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act. 16. The PHA will keep records in accordance with 24 CFR 85.20 and facilitate an effective audit to determine compliance with program requirements. 17. The PHA will comply with the Lead -Based Paint Poisoning Prevention Act, the Residential Lead -Based Paint Hazard Reduction Act of 1992, 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), 2 CFR Part 225, and 24 CFR Part 85 (Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments). 19. The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize covered grant funds only for activities that are approvable under the regulations and included in its Plan. 20. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is available for public inspection. All required supporting documents have been made available for public inspection along with the 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 PHA Plan and will continue to be made available at least at the primary business office of the PHA. 21. The PHA provides assurance as part of this certification 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 normal business hours. 22. The PHA certifies that it is in compliance with all applicable Federal statutory and regulatory requirements. Mound Housing and Redevelopment Authority PHA Name 5 -Year PHA Plan for Fiscal Years 2011 202-1 Annual PHA Plan for Fiscal Years 20 - 20 1'1 MN074000001 PHA Num er Code 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 ofAuthorized Official Mark Wegscheid Signature Title Board Chairperson Date Previous version is obsoletei 1 : of 2 form HUD -50077 (412008)