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2009-04-07PLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS. AGENDA ~~~, MOUND,HpUSINGr &REDEVELOPMENT AUTHORITY SPECIAL-.MEETING = . ,:,:. _ _, ~. ~ - TUESDAY, APRIL`7,.2009 AT 6:45 P.M. - MOUND CITY-C4'UNCIL CHAMBERS ' P~ 1. Open meeting 2. Action on Resolution to Approve Amendment to Capital Fund Five-Year Action Plan (2007-2011) 3. Action on Resolution to Approve Amendment to the 2009 Capital Fund Annual Statement 4. Action on Resolution Authorizing Acceptance of the 2009 American Recovery and Reinvestment Act (ARRA) Assistance 1-10 11-12 13-16 5 . Adjourn RESOLUTION NO 09- AMENDING THE CAPITAL FUND FIVE-YEAR ACTION PLAN FOR the PERIOD 2007 - 2011 WHEREAS, the U.S. Department of Housing and Urban Development has agreed to provide Capital Fund Program (CFP) assistance to the HRA of the City of Mound, Minnesota, for the purpose of helping the HRA in carrying out capital and management activities at the Indian Knoll Public Housing Development, and WHEREAS, the HRA of the City of Mound has previously approved a Capital Fund Five Year Action Plan for the period 2007 - 2011, NOW THEREFORE, BE IT RESOLVED, The Board of the Mound Housing and Redevelopment Authority approves the amendment to the Captial Fund Five Year Action Plan for the period 2007 - 2011, as presented in Exhibit A. Adopted this 7th day of April, 2009. Mark Hanus, Mound HRA Chair Attest: Bonnie Ritter, City Clerk -2- Indian Knoll Manor 5 Year Capital Improvement Plan (2007 - 2011) ORIGINAL APPROVED FIVE YEAR CAPITAL PLAN REVISED/AMENDED CAPITAL PLAN • Year Project Description Amount Year Project Description Amount 2007 Sidewalk Replacement -Front $ 10,000.00 2007 Operations -Use to fund Carpet/ $ 52,900.00 2007 Energy Efficient Upgrades $ 17,900.00 Tile/Appliance Replacments 2007 Replace Maintenance Shed $ - and Office Remodel/Building 2007 Operations $ 16,000.00 Repairs that are considered 2007 Office Remodel $ 9,000.00 Maintenance & Reoair vs. Capital TOTAL $ 52,900.00 TOTAL $ 52,900.00 Capital Grant - 2007 $ 52,900.00 Capital Grant - 2007 $ 52,900.00 Over (Under) $ - Over (Under) $ _ 2008 Operations $ 17,131.00 2008 Heating and Ventilation Upgrades $ 52,900.00 2008 Tile & Carpet 22 Units $ 24,000.00 2008 Replace 12 Stoves & Refrig $ 10,661.00 TOTAL $ 51,792.00 TOTAL $ 52,900.00 Capital Grant - 2008 $ 52,900.00 Capital Grant - 2008 $ 52,900.00 Over (Under) $ (1,108.00) Over (Under) $ - 2009 Replace Windows $ 51,000.00 2009 Heating and Ventilation Upgrades $ 88,458.00 Hazordous Material 2009 Abatement/Insulation Repair $ 30,000.00 TOTAL $ 51,000.00 TOTAL $ 118,458.00 Capital Grant - 2009 $ 52,900.00 Capital Grant - (2009 + ARRA) $ 118,458.00 Over (Under) $ (1,900.00) Over (Under) $ - 2010 Kitchen Cabinets & 2010 Heating and Ventilation Upgrades $ 42,900.00 • Bathroom Remodels $ 20,000.00 2010 Operating $ 10,000.00 2010 Windows $ 31,000.00 TOTAL $ 51,000.00 TOTAL $ 52,900.00 Capital Grant - 2010 $ 52,900.00 Capital Grant - 2010 $ 52,900.00 Over (Under) $ (1,900.00) Over (Under) $ - 2011 Lighting $ 8,000.00 2011 Heating and Ventilation Upgrades $ 42,900.00 2011 Garage $ 8,000.00 2011 Operating $ 10,000.00 2011 Ventilation $ 35,000.00 TOTAL $ 51,000.00 TOTAL $ 52,900.00 Capital Grant - 2011 $ 52,900.00 Capital Grant - 2011 $ 52,900.00 Over (Under) $ (1,900.00) Over (Under) $ _ Total Heating and Ventilation $ 227,158.00 Total Operating $ 72,900.00 Other $ 30,000.00 Captial Plan (2007- 2011) $ 330,058.001 ~ ~\ p \~ -~ :7 -3- rear ty u~ u~c4tip HEM Mecharsical Service, 3?C1-S~J7-089 p.2 March 19, 2Q09 C'ir}r of .Mound 5341 Mavlvood Road _ti'IOL1E1Cl, Ml~l 553b~1 Tndaan I,:.nulf A.partitteiyts - frlve year plan Dear Lee, Here is the results of our most recent. inspection of Indian Knolls. 1 have identified specific hazards as much as possible. rollowing that is a proposed five year plan for the building. You will notice that many of the prices I quote you specify "I~lo electrica# included". VJe are licensed t'or low voltage c.ontrc+l wiring and line ~roltage wiring inside equipment. Atty line voltage wot-k external to the ecluiprneYtt will have to be done by an electrician. I have provided prices for went we recommend be done this year. W}:ere possible, I have provided b~:dget estimates for work to be done in years two throu~;}t five. ~'Je catvxot guarantee prices that fat' out. Z`he water heater instai#ed in the building is tea small. Ta compensate, the water temperature has been turned etp tv 160F. "y'ttis its an ierarnedtiate and sen•iaa~s safety h.a~rai. A~iost adults wil# suiTer tttird-degree burns if exposed to l 50 desxr~ water far two seconds. Burns will. also occur with asix-second exposure to 14a degree water ar wrath a tturty second exposure to 13+3 degree water. Even if the temperature is 120 degrees, a five mir?ute exposure could. result in third-degree burns. {Ref ~~:/!vn~rv.cpc.trov,'cpscuttb(pitbsr5U9~.ltt~ntll Tnerc:. is a reducett pressure zone ~~RPL? baclcflow preventer for the btriler water feed. RPZs are required to be tested anr.,ually and rebuilt every five years and to have the test certification posted at. the valve. No evidence of testirtg is present. System expansion volume is too strtall. Another expansion tank was apparently added when the boilers were converted fi•atrt steam to hot water, but the combined expansion volume is tea small. `The combustion air intake for the water heater in the ga; tinge is not fi~n~tio:tins. 'w'ithout proper vsn.tilatie;n, a ga_e Bred appliance :;an create carbon monoxide in the space whicl-~ is a health hazarc~. As mentiGned in a prer••ious letter., ~e air handler that pressurizes the building with outside air is turned off and some controls are disconnected. The mot.er power -uvires are hanging aut. of the junction box and are not properl~• enclosed. This cars present am etttxyp~xrzent and sa>"ety ltaxurd. Since there are I'R`Js for bathroom and other ventilation, the lack of a *unctionin.g air handler results in th.e hui.lding being; at a negative pressure:. The negative pressure is causing oar to erttsr tl~e buildin~* r~vhet-ever it r.,an. ~?ne sewer traE~ was found to be all~~~v+wing sewer ~Yas into the -4- Mer 19 09 03: 4Eip FtEC1 , tlechenical Services, 520-587-0352 p. 3 • building. The vent pipe far the garbage chute hss air #lowing bacl: into it, through. the garbage storage area and bacl; into the building. Contaminants in the garbage and the setiver gas can cause a health lraz~rd. rn hagh enough concentrations sewer gas is an e~p~c-sion hard '1'kre flue pine f'vr the bailer exhaust and for the gaxba,ge chute veniilatian xre nt'rssing their r$in caps, stain and vermin getting in these pipes can cause equipment damage. Vermin getting into the building can create a heaitl7 hazard. Same apartments li~tve missing thermostats. Same apartments appear to have non-functit~:tang thermostats. The result is overheating of the raonus and energy waste. Trle exhaust fan for the elevator equipment roam has failed. also, the motor that controls the damper for outside oar has been removed. There is a t~ticeable oil odor in the room With~7ut proper ventilxtiun, this room wilt become quite hot in the summertime.. Excess Beat can cau~ elevvator ectuaprmen.t f'aFlure. There is a tunneB under the enkire letigih of the ground flour hallway. 'ii'hi.s tunnel contains hv~dronio piping, potable water piping, ductwork, control air piping and various wiring. An istspecxion of the tunnel indicated that it has been flooded in the past and has caused the IolPowing problems: • The electrical conduit and electrical natures for tunnel lighting ar~d power hats been submerged and consequently is severely damage by corrosion.. Titers are areas of bare wire. This is a sxf'ety txaaard. We are nvr licensed. for this level of electrica.t • repair. • An area of ductwork for building pressuri?.atiatt has been submerged. This ductvErari; needs to be disassembled and checked .for mall. The presence of mold in the ductwork can present a health hazard. • I?ue to corrosion of pipe hangers that have been submerged. same cast iron sanitary sewer pipe hss fallen. The resuttani sags in the pipe prevent groper drainage of sev,~age. This is a health hazard. Also, tl~. pipe is sagging in the area of a r~~bber coupling. tfthis coupling were to fail due to tf-e increased stress ii would result in your tunnel being filled with ra~.v sewage. • 'VJfiile probably not a direct result nfpast flooding, much ofthe insulafiotr for the potable water main is soaked urith water. 'The resraltant environment created on rite outside pipe wa}l can lead to a.^,celerared corrasit-n and eventual pipe failure. The ~:vatec soaked insulation shor~id be removed, leaks iderrtified and repaired, and new insulation installed. ':t'wo Gahinet unit ventilators in the first floor common area. are running ~vittt uncontrolled beat, The comtx~ys,:ion air fan and damper for the boilers are not funetion'tng. Comb~istiori air is now being supplied by s hole cut in the ductwork. The hate is too smelt for the boiler 17t~~rter size. Also, it i5 in the intalte ductwork for the building air handler. When the air handler is.repairEd it wil! nu work to supply ca»tbustion air, 11Viihout proper coanbustion air, g;as fired equipment can cause carbon rnanoxide buildup. Tlvs could be heattth hazard. -5- Msr 19 09 03;49p REM Me~chbnical Srrvicrs, 32~-587-0992 p,4 There are sixteen power. roof ventilators (FRVs} on the building in various conditions. 1`•tore appear to have been serviced recently. Some are nor..-functioning. Several seem to have been abandt~ned. one of the non-fiunctioning PRw s is part of the general buildin,~ ventilation system, Improper building ventilation can 4-regte a health hazurtl. The heating system fr~r the building is losing water as evidenced by lowering boiler pressure. Na leak have been reported by the tenants and no leaks were located in the tunnel. It is possible to isolate same buried sections of hydronics piping. The sections should be incrementally isolated and system pressure observed. to see if the pressure drop stops. Also, at the end. of the current heating s,°ason, the boilers should be opened and inspected far cube leakage. A ventilation fan far the southwest stairwell is not fur-ctiarung. The boilers vaere designed to generate steam. They have been converted to generate hCt water, As a result, there is abandoned equipment and piping in the boiler room. This equipmern should be removed to nvnimixe boiler roam clutter. All heating controls far the building aloczg with boiler room. and building ventilation contral~, are pneumatic. Pneumatics are becanring less used in buildings. Parts are getting mare expensive. Because of the age of the system the roxnaroIs are becoming less reliable. 'The amount of tune the control air compressor runs indicates leaks in the system. It would be prudent to eliminate the pneumatic cbntxols in the building. Tlae building will have to be evaluaxed for s.sbeatas before any work can began. Sin rely, /~ ~~~~~ Paul IVlayer -6- Mer 19 08 03s50p REM Mechanical Services, 320-587-[1992 • Indian Knolls proposed five year plan Immediate action items: p.S Install a thermostatic Waxing valve in the hot water supply line to the building. Tkus v~-il1 allow the current water heater to supply hot water to the building but will limit the temperat~.~re to help prevent burns. Cast: $4371.00 Test RPZ_ Evaluate adequacy o£boiler relief valves, Cast: $250.00 Cost: No char~te. VJe can dc~ this while on site for other work. Remove existing garage combustion air fan assembly anal install a rnatarized damper to allow combustion air in vahenever the water heater is running. Cost: $643.$ Na electrical included. Remove pneumatic controls from building air handler, install electronic controls end return ~ air handler to operation. Cost: $1872.50 Na electrical included. Install rain raps on boiler flue pipe and garbage chute vent pipe. • Cost: $1U51.25 Provide calibration kit so City personnel can calibrate roam thermostats ar~d identify missing or brak.en thermostats. Cast: $295.flU * Alternste* AE1VI Mechanical personnel crclibrate all room thermostats and.sdentify missing ar broken thermostats. At this time we could also selectively isolate various portions of the heating system and evaluate for leaks. ~ Cast: ~28QO.Oa Repair elevator equipment room exhaust f'an and install damper operator. Also, iazstall ti.rne clack and tecrrperature control to provide dally ventilation of equipment room and ventilation on temperature rise. Gast: $881.50 No electrical. included. I~isa.ssemlrle, clean and disinfect ductwork in the tunnel that has been s~abrnerged. Cost: $693.51 Replace the ten worst pipe ?angers in the tunnel for sewer pipe and realign pspe. Cost: $159.91 Trouble shoc3t two cabinet unit ventilators in the first floor ce~mmon area. Ca.}ibrate controls if possible and provide proposal for repair or replace~rnent. Cost: $4D0.00 -7- h3a~r- 19 CJ9 03.S0p FIEM Mechanical Service., 320-SB7-0982 p.6 Replace blower motor for boiler room corr~bustion air intake and trouble shoat co~trats: Sea] existing hole in ductwork. Operable controls will be returned to service. Proposal will be submitted to repair if unable to return to service. Cast: X978,11 `t'ear n Service all PRO's including lubxicating, Gleaning motors, replacing belts and identifying broken equipment. Also check ductwork far PR~s that aplrear to have been abandoned tc~ see what their origins! purpose was. This will require access to several apartments. Cast: $723.33 Summer 2009 -Tear down and inspect boilers. Repair site Masses. Evaluate for tube ~, leakage. CoS~t: $330U.UQ Fa112009 -provided ems-ting boilers are in satista.etary condition, return boilers to service and tune burners. This can be expected to result in better boiler e~cieacy. You should also receive a rebate fronn your gas supplier. Cast:.$fi40.04 ~ Fall 2009 - If not alreaxly dare, selectively isolate various portions of the heating ey$tem axd evaluate for leaks. This would have to be done an an hourly rate basis (our standard charge is $80.07 per hour) depending on haw many trips to the 1/uilding are necessary. Yeaz 't'wo: Remove water-soaked insulation. in tunnel. Identify le3ls and provide price to repair. Ile- insulate piping. Budget esiirnate: 524, I00.UO It.eplace ventilation fan far southwest stairwell. Budget estimate: ~360.U0 fear Three: Retnovz pneumatic thermostats and zone valve from. alI apartments and install m~hanical calves and thermostats, Budget estimate: ~l7,Es00.U0 Remove existing boilers, domestic water heating equipment and abandoned steam ecluiprnent. Install high efficiency boilers, water heaters and storage tank and associated controls. andeet esiin-~ate: ~160,OU0.00 -$- Mar 18 09 03;50p FiEM Mechanical Services, 3z0-58?-0982 p.? • 'Year Four: Remove existing air handler. In.~talt s new air handler with a high efficiency, variable speed motor and a variable frequency drive. Install controls so motor speed will vary tca maintain a slightly pasitiue pressure on the building to provide optimum Mesh air ventilation. Budget estimate: $3 7, SQ©. C10 year five; Remove cabinet unit verniLators from first floor common area and install high efficiency packaged terminal heat pumps. Budget estimate: $S tD~.00 Replace all individual roam Air conditioners. Budget estimate. $54,35U.UU -~ ~ a~- i~;~a,~'" {.,,~ -9- Mar 19 39 C13:51p REM Mechanical 8ervfces, 320-~a8'7-Q99? ~~ 1115 Hurry. 7 W., P.C7. l3ax 85 ~ t-lutchinscn, !V!N 5535Et ^_~ ~. -•. Lie. #~3~37EPM ~+~°'I'd~d'CeS, .trl"~C, p.8 7elephon~ ; (32d? 587-095 FAX.: (3~Oi 567-092 A~:h~l Mechanical v$ers a full ranee ©.f Plurribing, Heating. and t~ir Conditi~~rrtng ser=rioes fc.~r bath residential str-d C;amzr~ercial sppiications. Thss inc}udes handling Service C;ontraczs and Design-Build services. t'a'e are a licensee. ar~d bonded contractt~r, ?viN license # 34i76PM, Residential Sales ~:, Service Uur Residential services include H.easing c~. Air C:anditioning, Indoor Air duality, ~'luml3ind, Water C4nditionin,~, ar~d Rernodeis. l:,et us install, maintt~in and repair your furnace, central stir, and water softener units. Cortmt2lercial Sales &: Service COt111C on our Commercial Services tU handle your Heating c~: Air Conditioning, Ventilation, Lame burners, F'Iumbing, Process Commercial Piping, Comrnerciat Refrigeration, ~`arnmercial T~itchen, and Rernadel needs, Vt'e work ir: mane facilities including; "` Light Industrial * tommerci;~l and dffiee~ * Schools * Churches * Gar' Washes We offer annua.i sr.rvice contracts to help keep your equipment operatirng at peak. et~iciency ;and catch srtlrtll problerrts before the becc,rr,~ big proble.~ts. Uur sen~ice contract customers receive a IOSo discount on service calls. Special 1:?iscoun.t far Veterans If you r•~se a vetc.ear of the E:~nited states Asrneti Forces, or a spouse pf g deployed veteran, !'lease accept this special offer with our ~rxtitude. ?'lease visit our ~vebsite at w~v.aemhutch.corrt. i i t_..._------ -10- • RESOLUTION NO 09- AMENDING THE 2009 CAPITAL FUND ANNUAL STATEMENT WHEREAS, the U.S. Department of Housing and Urban Development has agreed to provide Capital Fund Program (CFP) assistance to the HRA of the City of Mound, Minnesota, for the purpose of helping the HRA in carrying out capital and management activities at the Indian Knoll Public Housing Development, and WHEREAS, the HRA of the City of Mound has previously approved a 2009 Capital Fund Annual Statement, NOW THEREFORE, BE IT RESOLVED, The Board of the Mound Housing and Redevelopment Authority approves the amendment to the 2009 Capital Fund Annual Statement, as presented in Exhibit A. Adopted this 7th day of April, 2009. Mark Hanus, Mound HRA Chair Attest: Bonnie Ritter, City Clerk -11- h~e,+ A Indian Knoll Manor 2009 Capital Fund Annual Statement ORIGINAL APPROVED 2009 Annual Statement Year Project Descri tion Amount REVISED/AMENDED 2009 Annual Statement Year Project Description Amount 2009 Replace Windows $ 51,000.00 TOTAL $ 51,000.00 Capital Grant - 2009 $ 52,900.00 Over (Under) $ (1,900.00) 2009 Heating and Ventilation Upgrades $ 88,458.00 Hazordous Material 2009 Abatement/Insulation Repair $ 30,000.00 TOTAL $ 118,458.00 Capital Grant - (2009 + ARRA) $ 118,458.00 Over (Under) $ - -12- • RESOLUTION NO 09- AUTHORIZING ACCEPTANCE of the 2009 AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) ASSISTANCE WHEREAS, the Mound Housing and Redevelopment Authority and HUD have entered into a Capital Fund ACC Amendment for the American Recovery and Reinvestment Act (ARRA) Formula Grant for 2009 for the purpose of carrying out capital activities at the Indian Knoll Manor public housing development. NOW THEREFORE, BE IT RESOLVED, The Board of the Mound Housing and Redevelopment Authority authorizes the Executive Director, Kandis Hanson, to accept 2009 ARRA funding and authorizes the proposed uses of such funds in accordance with the approved 2009 Capital Fund Annual Statement and/or the Approved Capital Fund Five Year Action Plan. Adopted this 7th day of April, 2009. Mark Hanus, Mound HRA Chair Attest: Bonnie Ritter, City Clerk -13- Catherine Pausche From: Kravik, Deborah [deborah.kravik@hud.gov] Sent: Tuesday, March 17, 2009 8:36 AM Cc: Clausen, Lucia M; Healy, Dianne; Beckwell, Lucy Ann; Woolever, Linda; Widmann, Tamara; Kitchen, Dana M; LeMonds, Robert A; Staycoff, Julie A; Sommers, Adrienne E; Wright, Laura H; Johnson, Jonathan N Subject: ARRA CF Funds next step (This email has been sent to all low rent MN PHAs) ARRA CF Annual Statement farm 50075.1 and board Resolution due April 10Th The next step is to submit the Capital Fund Annual Statement form 50075.1 describing the specific work activities that will be undertaken with the ARRA grant funds, which is due to our office no Inter than April 30, 2009. You can access the 50075.1 form at the following site: http://www.hud.QOV/offices/adm/hudclips/forms/hud5.cfm. You must submit a Board Resolution with your Capital Fund Annual Statement for the ARRA grant funding by the April 10th deadline. The board resolution should authorize the Executive Director to accept the funds and authorizes the proposed uses of the funds. The source of these work items should come from either your Capital Fund Annual Statement or your Capital Fund Five Year Action Plan. If you have physical work items that you anticipate doing with the ARRA funds and they are not in your Annual Statement or Five Year Action Plan, then you will have to go out for the 4 -day public comment period as is required for the PHA Plan process. You can still submit these new work items n the 50075.1 Annual Statement due April 10th; simply add the items and advise us that you have initiated the pub is comment period. You can then provide documentation to our office that the public hearing was held and wh , if any comments were received. Please feel to contact our office with any questions you might have. ~ Thanks Deb Kravik Program Analyst/MN PIC Coach 612-370-3135 ext. 2225 Fax 612-370-3003 No virus found in this incoming message. Checked by AVG - www.avq.com Version: 8.5.278 /Virus Database: 270.11.16/2006 -Release Date: 03/17/09 07:23:00 -14- Capital Fund Program (CFP) Amendment •To The Consolidated Annual Contributions Contract (form HUD-53012) U.S. Department of Housing and Urban Development Office of Public and Indian Housing Whereas, (Public Housing Authority) HRA of the Citv of Mound. Minnesota fMN074) (herein called the "PHA") and the United States of America, Secretary of Housing and Urban Development (herein called "HUD") entered into Consolidated Annual Contributions Contract(s) ACC(s) Number(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 be specified below for the purpose of assisting the PHA in carrying out capital and management activities at existing public housing developments in order to ensure that such developments continue to be available to serve low-income families: 52 900 for Fiscal Year 2007 to be referred to under Capital Fund Grant Number MN46P07450107 PHA Tax Identification Number (TIN). On File Whereas, HUD and the PHA are entering into the CFP Amendment Number_ Now Therefore, the ACC(s) is (are) amended as follows: 4. Subject to the provisions of the ACC(s) and paragraph 3. and to assist in the capital and management activities, HUD agrees to disburse to the 1. The ACC(s) is (are) amended to provide CFP assistance in the amount PHA or the designated trustee from time to time as needed up to the specified above for capital and management activities of PHA amount of the funding assistance specified herein. developments. This amendment is a part of the ACC(s). 2. The capital and management activities shall be carried out in accordance with all HUD regulations and other requirements applicable to the Capital Fund Program. 3. (Check one) a. In accordance with the HUD regulations, the Annual PHA Plan has been adopted by the PHA and approved by HUD, and may be amended from time to time. The capital and management activities shall •be carried out as described in the Annual PHA Plan Capital Fund Annual Statement. OR b. The Annual PHA Plan has not been adopted by the PHA and approved by HUD. The PHA may use its CFP assistance under this contract for work items contained in its 5-Year Plan, before the Annual PHA Plan is approved. For cases where HUD has approved a Capital Fund Financing Amendment to the ACC (CFF Amendment attached), HUD will deduct the payment for amortization scheduled payments from the grant immediately on the effective date of this CFP Amendment. The payment of CFP funds due per the amortization scheduled will be made directly to a designated trustee (Trustee Agreement attached) within 3 days of the due date. 5. The PHA shall continue to o erate each development as low-income housing in compliance with the A (s , as amen e e can a UD regulations for a period of twenty years after the last disbursement of CFP assistance for modernization activities and for a period of forty years after the last distribution of CFP assistance for develo ment activities. owever, the provisions of Section 7 of the ACC shall remain in effect for so long as HUD determines there is any outstanding indebtedness of the PHA to HUD which arose in connection with any development(s) under the ACC(s} and which is not eligible for forgiveness, and provided further that, for a period of ten vears followino the last oavment of assistance from the Operating Fund to the PHA, no disposition of any development covered by this amendment shall occur unless approved by HUD. 6. The PHA will apply for the entire CFP assistance amount for this FY. If the PHA does not comply with any of its obligations under this Amendment and does not have its Annual PHA Plan approved within the period specified by HUD, HUD shall impose such penalties or take such remedial action as provided by law. HUD may direct the PHA to terminate all work described in the Capital Fund Annual Statement of the Annual PHA Plan. In such case, the PHA shall only incur additional costs with HUD approval. 7. Implementation or use of funding assistance provided under this Amendment is subject to attached corrective action order(s). Whether 3.a or 3.b is selected above, the 24 month time period in (mark one) : ~ Yes ~ No which the PHA must obligate this CFP assistance pursuant to section 9(j)(1) of the Untied States Housing Act of 1937, as amended, (the "Act") and 48 month time period in which the PHA must expend this CFP 8. The PHA acknowledges its responsibility for adherence to this assistance pursuant to section 9Q)(5) of the Act starts with the effective Amendment by subgrantees to which it makes funding assistance herein date of this CFP amendment (the date on which CFP assistance becomes available. available to the PHA for obligation). The parties have executed this Agreement, and it will be effective on 9/13!2007 _ _. This is the date on which CFP assistance becomes available to the PHA for obligation. u.s. uepartment or nousmg ana urban uevetopment PFiA Execu - e Director ~---~ /,~~ / By Date: By "'7`~7~ •~-~`--~-~/ Date: - - n -~ PHA Executive Director Previous versions obsolete form HUD-52840-A 03/04/2003 ~ist~ng ~aP~+ul C1r~.n-~ Lan'u,~.~G -,5- American Recovery and Reinvestment Act (ARRA) Formula Grant Capital Fund Program U.S. Department of Housing (CFP) Amendment and Urban Development To The Consolidated Annual Contributions Office of Public and Indian Housing Contract (form HUD-53012) Whereas, (Public Housing Authority) HRA of the Citv of Mound, Minnesota fMN074) (herein called the "PHA") and the United States of America, Secretary of Housing and Urban Development (herein called "HUD") entered into Consolidated Annual Contributions Contract(s) ACC(s) Number(s) C-858 Whereas, HUD has agreed to provide American Recovery and Reinvestment Act (ARRA) assistance, upon execution of this Amendment, to the PHA in the amount to be specified below for the purpose of assisting the PHA in carrying out capital and management activities at public housing developments in accordance with the requirements of the ARRA including Title XVI general provisions of the ARRA, in order to ensure that such developments continue to be available to serve low-income families: 65 558 for Fiscal Year 2009 to be referred to under Capital Fund Grant Number MN46S07450109 PHA Tax Identification Number (TIN). On File Whereas, HUD and the PHA are entering into the CFP Amendment Number. Now Therefore, the ACC(s) is (are) amended as follows: 1. The ACC(s) is (are) amended to provide CFP assistance in the amount specified above for capital and management activities of PHA developments. This amendment is a part of the ACC(s). 2. The capital and management activities shall be carried out in accordance with all HUD regulations and other requirements applicable to the Capital Fund Program and ARRA and in accordance with the PHA's current 5-year Capital Fund Plan. 3. Subject to the provisions of the ACC(s) and to assist in the capital and management activities, HUD agrees to disburse to the PHA or the designated trustee from time to time as needed up to the amount of the funding assistance specified herein. 4. The PHA shall continue to operate each development as low-income housing in compliance with the ACC(s), as amended, the Act and all HUD re ulations fora eriod of twent ears after the last disbursement of C~ assistance for modernization activities and fora en o ort years a ter t e ast istribution of CFP/ARRA assistance for eve o ment actroities. rove ed further that, fora eriod of ten ears following the last payment of assistance from the Aerating un tote , no is osi ion o an eve o men covere y is amen men I occur unless approve y 5. If the PHA does not comply with any of its obligations under this Amendment, HUD shall impose such penalties or take such remedial action as provided by law. HUD may direct the PHA to terminate all work In such case, the PHA shall only incur additional costs with HUD approval. 7. This grant is conditioned on the acceptance of the PHA to comply with the reporting requirements of the ARRA and the following requirements: a. Funds cannot be transferred to operations or used for rental assistance activities. b. The PHA must obligate 100% of the grant within one year of the effective date. At the one year date any unobligated funds will be recaptured. c. The PHA must expend at least 60% of the grant within two years of the effective date. At the two year date if less than 60% is expended any unexpended funds will be recaptured. d. The PHA must expend 100% of the grant within 3 years of the effective date. At the three year date any unexpended funds will be recaptured. e. Extensions to the obligation and expenditure dates are not permitted. f. The PHA must submit an annual statement and board resolution no later than 21 calendar da s from the effective date. tr - l p - o g. The PHA shall give priority to capital protects t at can award contracts based on bids within 120 from the effective date. h. The PHA shall give priority consideration to the rehabilitation of vacant rental units. i. The PHA shall prioritize capital projects that are already underway or included in the 5-year Capital Fund Plan. j. The PHA must use the funds provided in this grant to supplement expenditures not supplant expenditures from other Federal, State, or local sources or funds independently generated by the grantee. k. The PHA will provide a physical needs assessment, as specified by HUD, using funds from this grant or other Capital Funds. I. Requirements relating to the procurement of goods and services arising under state and local laws and regulations shall not apply to the CFP assistance provided by this agreement. 8. The PHA acknowledges its responsibility for adherence to this dated: 6/3/1970 6. By execution of this amendment all PHAs that are PHAS troubled amendment. acknowledge and agree to additional monitoring and oversight by HUD and its agents/contractors as deemed appropriate and necessary in order to ensure the proper use of the funds received by this amendment. The parties have executed this Agreement, and it will be effective on 3/18/2009 which CFP assistance becomes available to the PHA for obligation. This is the date on U.S. Department of Housing and Urban Development PHA Executy" ~e Director • gy Date: By ~~1 ~_G~~ ~,~,~~~ nata•-7 Title Title Previous versions obsolete form HUD-52840-A 03/04/2003 r,~wla C~ rangy ~ ~a t ~ _ ~ re.,~ A 16