2011-04-26 HRA Agenda PacketPLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS.
• AGENDA
MOUND HOUSING & REDEVELOPMENT AUTHORITY
REGULAR MEETING
TUESDAY, APRIL 26, 2011,6:55 P.M.
MOUND CITY COUNCIL CHAMBERS
Page
I. Open meeting
2. Action approving agenda, with any amendments
3. Action approving minutes for April 12, 2011 1
is 4. Action approving claims 2 -10
5. Action approving Management Agreement between Mound Housing 11 -24
and Redevelopment Authority and CommonBond Communities,
effective May 1, 2011 through December 31, 2012
6. Adjourn
•
MOUND HOUSING AND REDEVELOPMENT AUTHORITY
APRIL 12, 2011
• The Mound Housing and Redevelopment Authority in and for the City of Mound, Minnesota, met in regular
session on Tuesday, April 12, 2011, at 6:55 p.m. in the council chambers of city hall.
Members present: Chair Mark Hanus; Commissioners Kelli Gillispie, Ray Salazar, Heidi Gesch, and David
Osmek.
Others present: Executive Director Kandis Hanson; City Clerk Bonnie Ritter, Community Development Director
Sarah Smith, Finance Director Catherine Pausche, Amanda Schwarze, Dick Osgood, Stacie Kvilvang
1. Open meeting
Chair Hanus called the meeting to order at 6:55 p.m.
2. Approve agenda
MOTION by Osmek, seconded by Gesch to approve the agenda. All voted in favor. Motion carried.
3. Approve minutes
MOTION by Osmek, seconded by Salazar to approve the minutes of the March 22, 2011 meeting. All voted in
favor. Motion carried.
4. Approve claims
MOTION by Gesch, seconded by Osmek to approve claims in the amount of $880.69. All voted in favor.
Motion carried.
• 6. Approve resolution adopting official depositories
MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried.
RESOLUTION NO. 11 -03H: RESOLUTION ADOPTING THE OFFICIAL DEPOSITORIES FOR 2011 AND
AUTHORIZING THE CHAIRPERSON TO APPROVE THE GENERAL DEPOSITORY AGREEMENTS (GDA)
WITH WELLS FARGO. BANK AND THE 4M FUND /PMA FINANCIAL NETWORK, INC.
6. Management agreement for Indian Knoll Manor
Catherine Pausche presented the two proposals from the RFP for Property Management Services for Indian
Knoll Manor from Common Bond Communities and Premier Management. She feels that the experience,
staffing, and local presence is important enough to justify recommending Common Bond Communities, even
though their management fee per unit was slightly higher. A portion of this management fee will be paid back
to the City for bookkeeping services.
MOTION by Osmek, seconded by Gesch to direct staff to prepare a Management Agreement for Indian Knoll
Manor with Common Bond Communities, for the period May 1, 2011 through December 31, 2012. All voted in
favor. Motion carried.
7. Adiourn
MOTION by Osmek, seconded by Salazar to adjourn at 7:04 p.m. All voted in favor. Motion carried.
• Chair Mark Hanus
Attest: Bonnie Ritter, City Clerk
Mound HRA Claims as of 04 -26 -11
0
Qs V'
YEAR BATCH NAME AMOUNT
2011 040811H RAMAN $1,276.90
2011 IKMadminFeb $4,915.05
0
2011 IKMadminMar $4,158.03
2011 0426HRA $12,195.41
TOTAL CLAIMS
$22,545.39
0
2
CITY OF MOUND
Payments
CITY OF MOUND
Current Period: April 2011
Batch Name 040811 HRAMAN
Payment Computer Dollar Amt $1,276.90 Posted
Refer 156 ELLIOTTS PAINTING AND DECORA Ck# 003850 4/8/2011
Cash Payment E 680 - 49800 -402 Building Maintenance PAINT 1 BDR UNIT #214 SMOKER UNIT
WALLS & CEILING THROUGHOUT
Invoice 112229 3/8/2011 PO 22555
Transaction Date 4/6/2011 Due 0 Wells Fargo HRA 10120
Refer 185 HD SUPPLY FACILITIES MAINTEN Ck# 003851 4/8/2011
Cash Payment E 68049800 -220 Repair /Maint Supply CEILING FAN LIGHT KITS -3 & BULBS
Invoice 9107557044 3/14/2011
04/08/114:24 PM
Page 1
$747.00
Total $747.00
$74.90
Transaction Date 4/8/2011 Due 0 Wells Fargo HRA 10120 Total
Refer 186 ROTO ROOTER Ck# 003853 4/8/2011
Cash Payment E 680 - 49800 -401 Building Repairs CLEAN LAUNDRY LINE & MAIN SEWER LINE -
NEW TOILET #402
Invoice 04816162040 3/18/2011
Transaction Date 4/8/2011 Due 0 Wells Fargo HRA 10120 Total
Refer 188 TAYLOR, LAVILLE Ck# 003854 4/8/2011
Cash Payment E 680 - 49800 -430 Miscellaneous REIMBURSEMENT FOR
DAMAGES /INCONVENIENCE 3 -31 -11 SEWER
• BACK -UP
Invoice 040811 4/4/2011
Transaction Date 4/8/2011 Due 0 Wells Fargo HRA 10120 Total
Refer 189 CUSHING, HARRY Ck# 003849 4/8/2011
Cash Payment E 680 - 49800 -430 Miscellaneous REIMBURSEMENT FOR DAMAGES 3 -31 -11
SEWER BACK -UP
Invoice 040811 4/4/2011
$74.90
$205.00
$205.00
$200.00
$200.00
$50.00
Transaction Date 4/8/2011 Due 0 Wells Fargo HRA 10120 Total
Fund Summary BATCH Total
10120 Wells Fargo HRA
680 $1,276.90
$1,276.90
Pre - Written Checks $1,276.90
Checks to be Generated by the Compute $0.00
Total $1,276.90
$50.00
$1,276.90
3
///� I
CITY OF MOUND
CITY OF MOUND
Payments
04/08/114:27 PM
Page 1
Current Period: April 2011
Batch Name IKMadminFeb
Payment Computer Dollar Amt $4,915.05 Posted
Refer 190 MOUND, CITY OF Ck# 003852 4/8/2011
Cash Payment
E 680 -49800 -121 PERA
PERA FEB 2011
$80.84
Invoice 040811
2/28/2011
Cash Payment
E 680 -49800 -122 FICA
FICA FEB 2011
$88.35
Invoice 040811
2/28/2011
Cash Payment
E 680 -49800 -101 F T Empl Regular
HOUSING COORDINATOR - ADMINISTRATIVE
$1,154.88
SERVICES BILLING -FEB 2011
Invoice 040811
2/28/2011
Cash Payment
E 680 -49800 -134 Employer Paid Life
LIFE INS ER FEB 2011
$0.52
Invoice 040811
2/28/2011
Cash Payment
E 680 -49800 -135 Employer Health Care S
HEALTH CARE SAVINGS FEB 2011
$46.20
Invoice 040811
2/28/2011
Cash Payment
E 680 -49800 -137 LTD
LTD -FEB 2011
$5.20
Invoice 040811
2/28/2011
Cash Payment
E 680 -49800 -131 Employer Paid Health
HEALTH INS -FEB 2011
$270.00
Invoice 040811
2/28/2011
Cash Payment
E 680 -49800 -151 Worker's Comp Insuranc WORKERS COMP -FEB 2011
$9.00
Invoice 040811
2/28/2011
Cash Payment
E 680 -49800 -133 Employer Paid Dental
DENTAL -FEB 2011
$11.25
Invoice 040811
2/28/2011
Transaction Date
4/812011 Due 0
Wells Fargo HRA 10120 Total
$1,666.24
Refer 191 MOUND, CITY OF Ck# 003852 4/8/2011
Cash Payment
E 680 -49800 -130 Employer Paid Ins (GEN
PUBLIC WORKS MAINTENANCE
$102.26
REIMBURSEMENT FEB 2011 - BENEFITS
Invoice 040811
2/28/2011
Cash Payment
E 680 -49800 -111 Other IKM Maint
PUBLIC WORKS MAINTENANCE
$409.02
REIMBURSEMENT FEB 2011 -WAGES
Invoice 040811
2/28/2011
Transaction Date
4/812011 Due 0
Wells Fargo HRA 10120 Total
$511.28
Refer 192 MOUND, CITY OF Ck# 003852 4/8/2011
Cash Payment
E 680 -49800 -322 Postage
POSTAGE REIMBURSEMENT FEB 2011
$0.00
Invoice 040811
2/28/2011
Cash Payment
E 680 -49800 -321 Telephone & Cells
CELL PHONE REIMBURSEMENT FEB 2011
$34.23
Invoice 040811
2/28/2011
Cash Payment
E 680 -49800 -220 Repair/Maint Supply
STEAM BRITE MOISTURE SENSOR
$156.50•
REIMBURSEMENT FEB 2011
Invoice 040811
2/2812011
Cash Payment
E 680 -49800 -307 Admin /Finance/Compute ADMIN FINANCE MGMT SERVICES FEE- FEB
$2,500.00
2011
Invoice 040811
2/28/2011
Cash Payment
E 680 -49800 -202 Duplicating and copying
COPIES REIMBURSEMENT FEB 2011
$46.80
Invoice 040811
2/28/2011
Transaction Date
4/8/2011 Due 0
Wells Fargo HRA 10120 Total
$2,737.53
•
•
4
CITY OF MOUND 04/08/114:27 PM
Page 2
Payments
• .�
CITY OF MOUND
Fund Summary
680
Current Period: April 2011
10120 Wells Fargo HRA
$4,915.05
BATCH Total $4,915.05
$4,915.05
Pre - Written Checks $4,915.05
Checks to be Generated by the Compute $0.00
Total $4,915.05
•
r�
5
// A
CITY OF MOUND
CITY OF MOUND
Payments
Current Period: April 2011
Batch Name IKMadminMar
Payment Computer Dollar Amt $4,158.03 Posted
Refer 193 MOUND, CITY OF Ck# 003852 4/8/2011
Cash Payment E 68049800 -151 Worker's Comp Insuranc WORKERS COMP MARCH 2011
Invoice 040811 3/31/2011
Cash Payment
E 680 -49800 -137 LTD
LTD MARCH 2011
Invoice 040811
3/31/2011
Cash Payment
E 68049800 -135 Employer Health Care S
HEALTH CARE SAVINGS MARCH 2011
Invoice 040811
3/31/2011
Cash Payment
E 680 -49800 -134 Employer Paid Life
LIFE INS ER MARCH 2011
Invoice 040811
3/31/2011
Cash Payment
E 680 -49800 -133 Employer Paid Dental
DENTAL MARCH 2011
Invoice 040811
3/31/2011
Cash Payment
E 680 -49800 -131 Employer Paid Health
HEALTH INS MARCH 2011
Invoice 040811
3/31/2011
Cash Payment
E 68049800 -121 PERA
PERA MARCH 2011
Invoice 040811
3/31/2011
Cash Payment
E 680 -49800 -122 FICA
FICA MARCH 2011
Invoice 040811
3/31/2011
Cash Payment
E 680 -49800 -101 F T Empl Regular
HOUSING COORDINATOR - ADMINISTRATIVE
SERVICES BILLING -MARCH 2011
Invoice 040811
3/31/2011
Transaction Date
4/8/2011 Due 0
Wells Fargo HRA 10120 Total
Refer 194 MOUND, CITY OF Ck# 003852 4/8/2011
Cash Payment
E 680 -49800 -130 Employer Paid Ins (GEN
PUBLIC WORKS MAINTENANCE
REIMBURSEMENT MARCH 2011 - BENEFITS
Invoice 040811
3/31/2011
Cash Payment
E 680 - 49800 -111 Other IKM Maint
PUBLIC WORKS MAINTENANCE
REIMBURSEMENT MARCH 2011 -WAGES
Invoice 040811
3/31/2011
Transaction Date
4/8/2011 Due 0
Wells Fargo HRA 10120 Total
Refer 195 MOUND, CITY OF Ck# 003852 4/8/2011
Cash Payment
E 680 -49800 -307 Admin /Finance/Compute ADMIN FINANCE MGMT SERVICES FEE -
MARCH 2011
Invoice 040811 . 3/3112011
Transaction Date 4/8/2011
Due 0 Wells Fargo HRA 10120 Total
04/08/114:30 PM
Page 1
$6.85
$3.95
$35.13
$0.40
$8.57
$205.31
$61.47
$67.18
$878.19
$1,267.05
$78.20
$312.78
$390.98
$2,500.00
$2,500.00
•
0
1.1
CITY OF MOUND 04/08/114:30 PM
I , Page 2
• CITY OF MOUND Payments
Fund Summary
680
Current Period: April 2011
BATCH Total $4,158.03
10120 Wells Fargo HRA
$4,158.03
$4,158.03
Pre - Written Checks $4,158.03
Checks to be Generated by the Compute $0.00
Total $4,158.03
•
7
CITY OF MOUND
04/21/11 10:37 AM
Payments
I ,
Page 1
CITY OF MOUND
Current
Period: April 2011
Batch Name 0426HRA User Dollar Amt $12,195.41
Payments Computer Dollar
Amt $12,195.41
$0.00 In Balance
Refer 1 ALPHA RUG AND CARPET CLEANI _
Cash Payment E 680 - 49800 -402 Building Maintenance
WATER EXTRACTION #302, OFFICE & HALLS
$571.78
1 ST & 2ND FLOORS
Invoice 2743 4/14/2011
Cash Payment E 680 - 49800 -402 Building Maintenance
WATER EXTRACTION #213 & #109 &
$470.25
CARPET CLEAN #112, #100
Invoice 2742 4/112011
Transaction Date 4/20/2011
Wells Fargo HRA 10120
Total
$1,042.03
Refer 2 CHARLES, ALLISON _
Cash Payment E 680 - 49800 -465 Caretaker Services
CARETAKER SERVICES MAY 2011
$450.00
Invoice 042611 4/15/2011
Transaction Date 4/20/2011
Wells Fargo HRA 10120
Total
$450.00
Refer 15 CLEAN CONSTRUCTION & BUILDI _
Cash Payment E 680 - 49800 -440 Other Contractual Servic
STRIP & APPLY 4 COATS FLOOR FINISH
TO
$411.47
COMMUNITY ROOM
Invoice 1253 4/6/2011
Transaction Date 4/20/2011
Wells Fargo HRA 10120
Total
$411.47
Refer 3 CULLIGAN - METRO _
•
Cash Payment E 680 - 49800 -440 Other Contractual Servic
6 801-6 SOLAR SALT DELIVERY
$104.84
Invoice 101X22871308 3/31/2011
Transaction Date 4/20/2011
Wells Fargo HRA 10120
Total
$104.84
Refer 14 DAVID BOYD CONSTRUCTION, LL
Cash Payment E 680- 49800 -475 Tenant Related Services
MOVE FURNITURE, RELOCATE RESIDENT
$225.00
DUE TO WATER BACKUP
Invoice 43642 4/20/2011
Transaction Date 4/20/2011
Wells Fargo HRA 10120
Total
$225.00
Refer 9 ELLIOTTS PAINTING AND DECORA
Cash Payment E 680 - 49800 -402 Building Maintenance
PRIME & PAINT BATHROOM WALLS &
$375.00
CEILING UNIT #402
Invoice 112330 3/29/2011 PO 22555
Cash Payment E 680 - 49800 -402 Building Maintenance
PRIME & PAINT BATHROOM WALLS &
$187.50
CEILING UNIT #105
Invoice 112330 3/29/2011 PO 22555
Cash Payment E 680 - 49800 -402 Building Maintenance
PRIME & PAINT COMPLETE WALLS &
$800.00
CEILING UNIT #100
Invoice 112330 3/29/2011
Transaction Date 4/20/2011
Wells Fargo HRA 10120
Total
$1,362.50
Refer 10 ELLIOTTS PAINTING AND DECORA
Cash Payment E 680 - 49800 -402 Building Maintenance
PRIME & PAINT BEDROOM WALLS &
$935.00
CEILINGS UNIT #305
Invoice 112391 4/7/2011
Transaction Date 4/20/2011
Wells Fargo HRA 10120
Total
$935.00 •
Refer 25 FRONTIER(CITIZENS COMMUNICA _
Cash Payment E 680 -49800 -321 Telephone & Cells
PHONE SERVICE 4 -13 -11 TO 5 -12 -11
$140.15
Invoice 042611 4/13/2011
8
•
Refer 5 LOFFLER COMPANIES, INCORPOR _
Cash Payment E 680 -49800 -205 Computer Hardware /Soft HP LASER JET COPIER M3035XS
Invoice 1233583 4/5/2011 PO 23282 _
Transaction Date 4/20/2011 Wells Fargo HRA 10120 Total
Refer 6 MINNEAPOLIS PUBLIC HOUSING A _
Cash Payment E 680 - 49800 -430 Miscellaneous FISCAL AGENT FEES 3 -1 -1 TO 8 -31 -11
Invoice 042611 4/6/2011 _
Transaction Date 4/20/2011 Wells Fargo HRA 10120 Total
$1,415.03
$1,415.03
$24.63
$24.63
$100.00
Transaction Date 4/21/2011 Wells Fargo HRA 10120 Total $100.00
Refer 12 MINNESOTA LABOR INDUSTRY _
Cash Payment E 680- 49800 -438 Licenses and Taxes ELEVATOR ANNUAL OPERATING PERMIT
Invoice 042611 4/15/2011
Refer 7 MOUND, CITY OF
Cash Payment E 680 -49800 -382 Water Utilities
CITY OF MOUND
04/21/11 10'37 AM
Invoice 042611 4/19/2011
Page 2
Transaction Date 4/20/2011
Payments
$1,661.16
Refer 13 ROBERT BROOKE & ASSOC _
CITY OF MOUND
2 DOOR CLOSERS, TRACK, ARM
$1,599.46
Invoice 372302 4/7/2011
Current Period: April 2011
Transaction Date 4/20/2011
Wells Fargo HRA 10120 Total
$140.15
Refer 10 HAMERNICK DECORATING COMP
Cash Payment E 68049800 -402 Building Maintenance INSTALL VINYL FLOOR #214, CARPET #108
$693.11
CLEAR & JET OUTSIDE DRAIN LINES
& NEW PAD #213
Invoice 04816179279 4/1/2011 PO 22559
Invoice 042067 4/8/2011
Cash Payment E 680 - 49800 -401 Building Repairs
Transaction Date 4/21/2011
Wells Fargo HRA 10120 Total
$693.11
Refer 4 IKON FINANCIAL SERVICES
Cash Payment E 680- 49800 -401 Building Repairs
Cash Payment E 68049800 -202 Duplicating and copying HARD DRIVE SURRENDER
$374.06
Invoice 1028070823 4/12/2011 PO 23282
Transaction Date 4/20/2011
Wells Fargo HRA 10120 Total
$374.06
•
Refer 5 LOFFLER COMPANIES, INCORPOR _
Cash Payment E 680 -49800 -205 Computer Hardware /Soft HP LASER JET COPIER M3035XS
Invoice 1233583 4/5/2011 PO 23282 _
Transaction Date 4/20/2011 Wells Fargo HRA 10120 Total
Refer 6 MINNEAPOLIS PUBLIC HOUSING A _
Cash Payment E 680 - 49800 -430 Miscellaneous FISCAL AGENT FEES 3 -1 -1 TO 8 -31 -11
Invoice 042611 4/6/2011 _
Transaction Date 4/20/2011 Wells Fargo HRA 10120 Total
$1,415.03
$1,415.03
$24.63
$24.63
$100.00
Transaction Date 4/21/2011 Wells Fargo HRA 10120 Total $100.00
Refer 12 MINNESOTA LABOR INDUSTRY _
Cash Payment E 680- 49800 -438 Licenses and Taxes ELEVATOR ANNUAL OPERATING PERMIT
Invoice 042611 4/15/2011
Refer 7 MOUND, CITY OF
Cash Payment E 680 -49800 -382 Water Utilities
WATER & SEWER UTILITIES 3 -1 -11 TO4 -1 -11
$1,661.16
Invoice 042611 4/19/2011
Transaction Date 4/20/2011
Wells Fargo HRA 10120 Total
$1,661.16
Refer 13 ROBERT BROOKE & ASSOC _
Cash Payment E 680 -49800 -220 Repair /Maint Supply
2 DOOR CLOSERS, TRACK, ARM
$1,599.46
Invoice 372302 4/7/2011
Transaction Date 4/20/2011
Wells Fargo HRA 10120 Total
$1,599.46
Refer 8 ROTO ROOTER _
Cash Payment E 680 -49800 -401 Building Repairs
CLEAR & JET OUTSIDE DRAIN LINES
$540.00
Invoice 04816179279 4/1/2011 PO 22559
Cash Payment E 680 - 49800 -401 Building Repairs
REMOVE TOILET AND OBSTRUCTION -RESET
$355.00
Invoice 04816177884 3/31/2011 PO 22559
Cash Payment E 680- 49800 -401 Building Repairs
CLEAR TOILET STOPPAGE W /AUGER
$142.00
Invoice 04816194079 4/12/2011
Transaction Date 4/20/2011
Wells Fargo HRA 10120 Total
$1,037.00
Refer 12 STA -SAFE LOCKSMITHS COMPAN _
Cash Payment E 680 - 49800 -401 Building Repairs
KEY EXTRACTED #112, DOOR CLOSER
$179.36
INSTALLED, EXTRA KEYS
Invoice 0018695 4/12/2011
• Transaction Date 4/20/2011 Wells Fargo HRA 10120
Refer 15 THYSSEN -KRUP ELEVATOR COR _
Total $179.36
E
CITY OF MOUND 04/21/11 10:37 AM
I, Page 3
Payments
CITY OF MOUND
Current Period: April 2011
Cash Payment E 68049800 -440 Other Contractual Servic SERVICE CALL 4 -5 -11 RESET CONTROLLER- $440.61
TIMED OUT
Invoice 012755 4/15/2011
Transaction Date 4/20/2011 Wells Fargo HRA 10120 Total $440.61
Fund Summary
10120 Wells Fargo HRA
680 HRA PUBLIC HOUSING $12,195.41
$12,195.41
Pre - Written Checks $0.00
Checks to be Generated by the Compute $12,195.41
Total $12,195.41
•
•
ill]
MANAGEMENT AGREEMENT
• BETWEEN MOUND HOUSING AND REDEVELOPMENT AUTHORITY
AND COMMON BOND COMMUNITIES
THIS AGREEMENT, made by and between Mound Housing and
Redevelopment Authority ( "Owner ") with offices at Indian Knoll Manor, 2020
Commerce Boulevard, Mound, Minnesota 55364, and at City Hall, 5341
Maywood Road, Mound, Minnesota, 55364 and Common Bond Communities,
a Minnesota non - profit corporation ( "Agent ") with offices at 328 Kellogg
Boulevard West, St. Paul, Minnesota 55102.
WHEREAS, the Housing and Redevelopment Authority of Mound, Mound, MN,
(HRA) entered into a Consolidated Annual Contributions Contract (ACC) No.
C -858, Parts A and B, on January 25, 1996, with the U.S. Department of
Housing and Urban Development (HUD), as amended, which provides
ongoing funding for the maintenance and operation of the HRA's public
housing projects; and
WHEREAS, under Section 5 of Part A of the ACC, the HRA shall develop and
operate all projects covered by the ACC in compliance with all the provisions
of the ACC and all applicable statutes, executive orders, and regulations
issued by HUD, as they shall be amended from time to time, including but
not limited to, those regulations promulgated by HUD at Title 24 of the Code
• of Federal Regulations (CFR), which are hereby incorporated herein by
reference as if fully set forth herein; and
WHEREAS, under Section 5 of Part A of the ACC, the HRA shall ensure
compliance with such requirements by any contractor or subcontractor
engaged in the development or operation of a project covered by this ACC;
In consideration of the covenants herein contained, the parties hereto
agree as follows:
1. Appointment. The Owner hereby appoints the Agent, and the Agent
hereby accepts appointment, on the terms and conditions hereinafter
provided, as the Owner's exclusive agent to manage, and operate the
50 -unit apartment building located in Mound, Minnesota, commonly
known as Indian Knoll Apartments, ( "Premises ").
2.1 Renewal. The term of the Agreement shall be from May 1,
2011 to December 31, 2012 unless terminated as provided in
sections 2.2 and 7.
2.2 Termination By Either Party. This Agreement may be
terminated by either party during its term by the giving of written
notice to the other party. The Agent must give 60 -days notice to
• the Owner of such termination. The Owner will use its best efforts
11
to give 60 -days notice to Agent, but may terminate upon the giving
of 30 -days notice. •
3. Responsibilities of Agent. The Owner agrees to give the Agent
the following authority and powers (all or any of which may be
exercised in the name of the Owner) and the Owner agrees to
assume all expenses in connection therewith.
To prepare a management plan with the Owner that includes an operating
budget and an on -site staffing analysis along with recommendations, for
approval by Owner;
To cause to be hired, paid and supervised all persons necessary to be
employed in order to properly maintain and operate the Premises who, in
each instance, shall be the Agent's and not the Owner's employees, and
cause to be discharged all persons unnecessary or undesirable;
To cause the Premises to be maintained in such condition as may be
deemed advisable by the Owner, and cause routine repairs and incidental
alterations of the building to be made, including, but not limited to, electrical,
plumbing, heating, carpentry, masonry and any other routine repairs and
incidental alterations as may be required in the course of ordinary
maintenance and care of the Premises. Subject to the requirements of
Minnesota Statutes 469.015 and Mound PHA procurement policy, repairs or
alterations involving an expenditure in excess of One Thousand Dollars
($1,000) for any one item shall be made only with the prior approval of the
Owner, except that emergency repairs, i.e., those immediately necessary for
the preservation of safety of the Premises or for the safety of the Residents
of the Premises or other persons, or required to avoid the suspension of any
necessary service in or to the Premises may be made by the Agent
irrespective of the cost thereof, without the prior approval of the Owner if the
Agent makes a reasonable attempt to communicate with the Owner in order
to obtain such approval;
To recommend, and with the approval of the Owner, cause all such acts
and things to be done in or about the Premises as may be necessary or
desirable to comply with any and all orders or notice of violations affecting
the Premises placed thereon by any federal, state, county or municipal
authority having jurisdiction thereover, except that if failure promptly to
comply with any such order or violation would expose the Owner or the
Agent to criminal liability, the Agent may cause such order or notice of
violation to be complied with or without the prior approval of the Owner if the
Agent makes a reasonable attempt to communicate with the Owner to obtain
such approval, it being understood that the Agent shall notify the Owner
promptly after receipt of any order or notice of violation, as foresaid;
Subject to the requirements of Minnesota Statute 469.015, the Mound •
PHA Procurement Policy, and the HUD Capital Funds Program (CFP), to enter
12
into all necessary or desirable service contracts in respect to the repair and
• operation of the Premises, including without limitation contracts for
electricity, gas, air conditioning, equipment maintenance, water treatment,
janitorial, landscaping, window cleaning, rubbish removal, fuel oil, back -up of
fuel oil; vermin extermination, architects' and engineers' services required
for the planning and supervision of alterations and /or improvements made or
proposed to be made to the Premises, but such contract having a term
longer than one (1) year or requiring an annual payment in excess of One
Thousand Dollars ($1,000) must be authorized by the Owner;
Subject to the requirements of Minnesota Statute 469.015 and of the
Mound PHA Procurement Policy, to purchase all supplies which shall be
necessary to properly maintain and operate the Premises, and credit to the
Owner any discounts or commissions obtained for purchase, to conduct
solicitation of bids, preparation of bid packages, advertisement of bids, and
tabulation of bids;
To check all bills received for services, work and supplies ordered in
connection with maintaining and operating the Premises and pay or cause all
such bills to be paid, upon authorization and signature of the Owner, from
funds of the Owner;
Insurance coverage for the premises is to be determined by the HRA,
such insurance to be obtained and /or maintained, at the expense of the
• Owner;
To cause all employees of the Agent who handle or are responsible for
safekeeping of any money of the Owner to be covered by a fidelity bond in
favor of the Owner in the amount equal to one month's rent for the property
plus the amount of the Mound PHA reserves; and to obtain a criminal
background check for all employees or personnel on contract who have
access to residents units per state law;
To bill, or cause to be billed, residents for monthly rent and to send late
notices according to the Rent Collection Policy, to collect and deposit those
rents and produce the necessary reports for tracking tenant receivables,
including deposits and miscellaneous revenues;
To assist the Owner in maintaining a system of accounts to which shall be
entered fully and accurately each and every financial transaction with respect
to the operation of the Premises. To submit purchase orders and invoices on
a timely and accurate basis to the Owner, and any reports relating to budget
and capital expenditures as requested by the Owner;
To keep the Board of Commissioners informed on a monthly basis of the
financial status and physical condition of the Premises and other items that
• Owner should reasonably be made aware of;
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To cause to be prepared and filed all necessary forms relating to the
maintenance and operation of the Premises required by any federal, state, •
county or municipal authority having jurisdiction thereover;
To set up and maintain, at the Mound HRA office located on 2020
Commerce Boulevard, Mound, Minnesota, orderly files containing records for
income and expenses, insurance policies, leases, correspondence, receipted
bills and vouchers and all other documents and papers pertaining to the
Premises and the operation and maintenance thereof, the same to be and at
all times to remain the property of the Owner, and the Agent shall upon
request of the Owner make same available to the Owner, and the Owner's
accountants and attorneys; and to make all electronic data filing in PIC,
LOCCS, REAC, and other electronic systems as required by HUD, and to
create and submit the PHA Plan annually and complete all reporting as
necessary;
To provide the necessary information to and cooperate with the Owner's
accountants and auditors in regard to the annual audit or any periodic audit
of the books;
To cooperate with Owner's accountants in regard to the preparation and
filing on behalf of federal, state, city and any other filings required by any
governmental authority;
To generally, do all things reasonably deemed necessary or desirable for
the proper management of the Premises according to HUD regulations for
Low Rent Public Housing (LRPH) programs, including maintaining all records
and reporting to HUD; and
To perform, for the Owner's account and on its behalf, any lawful act and
everything lawful and necessary or desirable in order to carry out the Agent's
Agreements contained in this Agreement. It is expressly understood and
agreed that everything done by the Agent under the provisions of this
Agreement shall be done as Agent of the Owner, and any and all obligations,
costs or expenses incurred by the Agent in the performance of its obligations
under this Agreement shall be borne by the Owner and not by the Agent. It
being expressly understood, however, that the monthly management fee
compensates the Agent for (i) the costs incurred by the Agent in maintaining
its own office staff, and (ii) its general overhead. Any payments made by the
Agent hereunder shall be made out of such funds as the Agent may from
time to time hold for the accounts of the Owner or as may be provided by the
Owner. The Agent shall not be obligated to make any advance to, or for the
account of, the Owner or pay any amount except out of funds held or
provided aforesaid nor shall the Agent be obliged to incur any extraordinary
liability or obligation unless the Owner shall furnish the Agent with the
necessary funds for the discharge thereof. If Agent shall elect to advance
any money in connection with the property the Owner agrees to reimburse •
14
the Agent forthwith and hereby authorizes the Agent to deduct such
• advances from any money due the Owner.
4. Banking. All funds of the property in the possession of the Agent
shall be held by the Agent for the Owner, in trust, and shall be
deposited by Agent in such bank, as the Owner shall designate, in a
special account maintained by the Agent, for the premises. Such
funds shall not be commingled with other funds collected by the
Agent for its own account or as agent for others, or with the
Agent's own funds and shall remain on deposit until disbursed in
accordance with the terms of the agreement. The Owner shall
directly receive all statements issued by the Bank with respect to
such bank account and will provide a copy to the Agent in a timely
manner.
S. Compensation. The Owner agrees to pay the Agent, during the
term of this Agreement each month an amount equal to $52.50
per unit per month;
Owner will reimburse Agent for time and expenses incurred by an on -site
resident manager and a maintenance person for services (all Agent's
employees) provided to Owner at Indian Knoll Manor, according to a budget
pre- approved by Owner. The Agent shall also contract with and provide
supervision for a resident caretaker on -site.
6. Indemnity. The Owner shall indemnify, defend and save the
Agent harmless from and against all claims, losses, costs and
liabilities arising out of damage to property, or injury to, or death of
persons (including the property and persons of the parties hereto,
and their agents, subcontractors and employees) occasioned by or
in connection with the use, management operation, ownership,
maintenance or control of the Premises; except as to such claims,
losses, costs, and liabilities that are the direct result of willful
misconduct or negligence of Agent or its officers, agents,
subcontractors or employees.
7. Termination. Within 30 (thirty) days of termination of the
Agreement, the parties shall account to each other with respect to
all uncompleted business as follows: (i) the Agent shall deliver to
the Owner all funds and other moneys, and all leases, subleases,
corporate files, books, records and other instruments relating to the
Premises and the Owner, that may be in the possession of the
Agent; and (ii) the Agent shall concurrently take payment of all
fees required to be paid hereunder through the date of termination
of the Agreement by deducting same from all funds and money
otherwise transferred to the Owner under this paragraph.
•
15
S. Assignment. The Agent may not assign this Agreement without
the prior written consent of the Board of Commissioners. Subject t
to the provisions hereof, all of the covenants, conditions and
obligations contained in this Agreement shall be binding and to the
benefit of the respective successors and assignors of the Owner
and the Agent to the same extent as if each successor and assignor
were in each case named as a party to this Agreement.
9. Severability. If any term or provision of this Agreement or the
application thereof to any person or circumstance shall, to any
extent, be invalid or unenforceable, the remainder of this
Agreement, or the application of such term or provision to persons
or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby, and each term and
provision of this Agreement shall be valid and enforced to the
fullest extent permitted by law.
10. Applicable Law. This agreement shall be construed and
enforced in accordance with the laws of the State of Minnesota.
11. Notices. All notices, demands, requests or other
communications which may be or are required to be given, served
or sent by either party to the other, shall be in writing and
delivered personally or by certified mail, return receipt requested,
with postage prepaid, at the address first above mentioned. A •
party may change the name or address for the giving of notice
provided above by written notice to the other party.
12. Entire Agreement. This agreement and the documents to
which reference in it has been made, shall be construed together
and constitute the entire, full and complete agreement between the
Owner and the Agent, and there are no representations,
inducements, promises, or agreements, oral or otherwise, between
the parties not embodied herein, which are of any force or effect.
13. Modifications. This Agreement may not be changed or
modified except by written document signed by both the Owner
and the Agent.
14. Workers Compensation Insurance. This Agreement shall not
become effective until Agent has provided Owner written evidence
that Agent complies with all applicable worker compensation
insurance requirements.
15. Relationship of Agent to Owner. The relationship of the
parties to this Agreement shall be that of Principal and Agent, and
all duties to be performed by Agent under this Agreement shall be •
for and on behalf of Owner, in Owner's name, and for Owner's
16
account. In taking any action under this Agreement, Agent shall be
• acting only as Agent for Owner, and nothing in this Agreement shall
be construed as creating a partnership, joint venture, or any other
relationship between the parties to this Agreement except that of
Principal and Agent, or as requiring Agent to bear any portion of
losses arising out of or connected with the ownership or operation
of the Premises. Nor shall Agent at any time during the period of
this Agreement be considered a direct employee of Owner. Neither
party shall have the power to bind or obligate the other except as
expressly set forth in this Agreement, except that Agent is
authorized to act with such additional authority and power as may
be necessary to carry out the spirit and intent of this Agreement.
16. Save Harmless. Except as to the willful misconduct or
negligence of Agent, Owner shall indemnify, defend, and save
Agent harmless from all loss, damage, cost, expense (including
attorney's fees), liability, or claims for personal injury or property
damage incurred or occurring in, on or about the Premises. Agent
shall indemnify, defend and save Owner harmless in the same
manner based on the willful misconduct on negligence of Agent.
17. Liability Insurance. Owner shall obtain and keep in force
adequate insurance against physical damage (e.g. fire with
extended coverage endorsement, boiler and machinery, etc.) and
• against liability for loss, damage, or injury to property or persons
that might arise out of the occupancy, management, operation, or
maintenance of the Premises. The amounts and types of insurance
shall be acceptable to both Owner and Agent, and any deductible
required under such insurance policies shall be Owner's expense.
Agent shall be covered as an additional insured on all liability
insurance maintained with respect to the Premises. Liability
insurance shall be adequate to protect the interests of both Owner
and Agent and in form, substance, and amounts reasonably
satisfactory to Agent, Owner agrees to furnish Agent with
certificates evidencing such insurance or with duplicate copies of
such policies within three business days of the execution of the
Agreement. If Owner fails to do so, Agent may, but shall not be
obliged to, place said insurance and charge the cost thereof to the
Operating (and /or) Reserve Account(s).
18. Agent Assumes No Liability. Agent assumes no liability
whatsoever for any acts or omissions of Owner, or any previous
Owner of the Premises, or any previous management or other
agent of either. Agent assumes no liability for any failure of or
default by a tenant in the payment of any rent or other charges due
Owner or in the performance of any obligations owed by any tenant
• to Owner pursuant to any lease or otherwise, nor does Agent
assume any liability for previously unknown violations of
17
environmental or other regulations which may become known
during the period this Agreement is in effect. Any such regulatory •
violations or hazards discovered by Agent shall be brought to the
attention of the Owner in writing, and Owner shall promptly cure
them.
19. Equal Employment Opportunities. During the performance
of this contract, Common Bond Communities agrees as follows:
a. Common Bond Communities will not discriminate against any
employee or applicant for employment because of race,
color, religion, sex, or national origin.
b. Common Bond Communities will cause the foregoing
provision to be inserted in all subcontractors for any work
covered by this contract so that such provisions will be
binding upon each subcontractor, provide that the foregoing
provision shall not apply to contractors or subcontractors for
standard commercial supplies or raw materials.
20. HUD Rules and Regulations. In the management of Indian
Knoll Manor, Common Bond Communities shall comply with rules
and regulations established by United States Department of
Housing and Urban Development (HUD) and other appropriate
government agencies. •
Agent shall comply with all applicable requirements of the General Conditions
for Non - Construction Contracts (Form HUD - 5370 -C dated 10/2006) attached
hereto as Exhibit A, and the Maintenance Wage Rate Determination (Form
HUD -52158 dated 06/2006) with effective date of , attached
hereto as Exhibit B. Agent shall require compliance with said requirements
by all subcontractors engaged to assist the Agent for any subcontract in
excess of two thousand dollars ($2,000).
HRA is responsible for monitoring Agent's compliance. Non - compliance by
Agent and its subcontractors will result in findings of non - performance under
the Management Agreement and shall be grounds for termination. Any
finding of non - compliance in underpayment of wages and benefits shall be an
expense from Agent's compensation.
Nothing contained in this Management Agreement shall prohibit or limit the
HRA from the exercise of any other right or remedy existing under applicable
law or available at equity. The HRA's exercise or non - exercise of any right or
remedy under this Management Agreement shall not be construed as a
waiver of the HRH's right to exercise that or any other right or remedy at any
time.
•
i:3
Common Bond Communities shall provide all normal public housing related
• management functions, including yearly inspections of all units and building
common area's, annual income reviews and rent calculations, maintaining a
waiting list in accordance with the HRA Occupancy Policies, admission,
evictions, and any housing management related functions.
Common Bond Communities shall prepare a monthly report on the
management of Indian Knoll Manor for the HRA Executive Director and HRA
Board of Commissioners. A representative of Common Bond Communities
shall attend HRA Commissioners meetings at least once per quarter and at
other times as necessary to provide information to the HRA Board of
Commissioners on the Indian Knoll Manor activities and to secure the HRA
Executive Director and /or the Board approvals for purchases/ contracts of
over $1,000.
Common Bond Communities shall encourage the formation of a Resident
Council and ensure that its representative attends the monthly Resident
Council Meeting. The Common Bond Communities shall work with the
Resident Council as necessary for the efficient and amicable operation of
Indian Knoll Manor.
Common Bond Communities shall maintain records on -site and off -site in
accordance with HUD and state records maintenance /disposition
• requirements.
•
19
IN WITNESS WHEREOF, the parties hereto intending to be legally •
bound hereby, have executed this Agreement of the day and year first above
written.
Housing and Redevelopment
Authority of Mound
By:
Date:
By:
Kandis Hanson
Its: EXECUTIVE DIRECTOR
AGENT: Common Bond Communities •
Its:
Date:
•
20
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4 D • 5 3 0 c
•
•
C
General Conditions for Non - Construction
Contracts
U.S. Department of Housing and Urban
Development
Office of Public and Indian Housing
Section If — (With Maintenance Work) Office of Labor Relations
... OMB Approval No. 2577 -0157 (exp. 12J31/201 1)
Public Reporting Burden for this collection of information is estimated to average 0.08 hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send
comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the
Reports Management Officer, Office of Information Policies and Systems, U.S. Department of Housing and Urban Development, Washington, D.C,
20410 -3600; and to the Office of Management and Budget, Paperwork Reduction Project (2577 - 0157), Washington, D.C. 20503. Do not send this
completed form to either of these addressees.
Applicability. This form HUD -6370C has 2 Sections. These
Sections must be inserted Into non- construction contracts as
described below:
1) Non - construction contracts (without maintenance) greater
than $100,000 - use Section I;
2) Maintenance contracts, - (including nonroutinem_aintenance
s a m
aed at 24 CFR 968.105) greater _
�ater t an u no
more than $100,000 - use Section II; and
3) Maintenance contracts (including nonrou[ine maintenance),
greater than $100,000 — use Sections I and II.
Section It — Labor Standard Provisions for all Maintenance
Contracts greater than $2,000
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1. Minimum Wages
(a) All maintenance laborers and mechanics employed under
this Contract in the operation of the project(s) shall be paid
unconditionally and not less often than semi - monthly, and
without subsequent deduction (except as otherwise
provided by law or regulations), the full amount of wages
due at time of payment computed at rates not less than
those contained in the wage determination of the Secretary
of Housing and Urban Development which is attached
hereto and made a part hereof. Such laborers and
mechanics shall be paid the appropriate wage rate on the
wage determination for the classification of work actually
performed, without regard to skill. Laborers or mechanics
perforating work In more than one classification may be
compensated at the rate specified for each classification
for the time actually worked therein; provided, that the
employer's payroll records accurately set forth the time
spent in each classification in which work is performed.
The wage determination, including any additional
classifications and wage rates approved by HUD under
subparagraph 1(b), shall be posted at all times by the
Contractor and its subcontractors at the site of the work in
a prominent and accessible place where it can be easily
seen by the workers.
(b) (i) Any class of laborers or mechanics which Is not listed in
the wage determination and which is to be employed under
the Contract shall be classified in conformance with the
wage determination. HUD shall approve an additional
classification and wage rate only when the following criteria
have been met:
(1) The work to be performed by the classification
required is not performed by a classification In the
wage determination;
(2) The classification is utilized in the area by the
Industry; and
(3) The proposed wage rate bears a reasonable
relationship to the wage rates contained in the
wage determination.
(ii) The wage rate determined pursuant to this
paragraph shall be paid to all workers performing work
Section II - Page 1 of 3
in the classification under this Contract from the first
day on which work is performed in the classification.
2. Withholding of funds
The Contracting Officer, upon his /her own action or upon
request of HUD, shall withhold or cause to be withheld from the
Contractor under this Contract or any other contract subject to
HUD - determined wage rates, with the same prime Contractor,
so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics employed
by the Contractor or any subcontractor the full amount of wages
required by this clause. In the event of failure to pay any
laborer or mechanic employed under this Contract all or part of
the wages required under this Contract, the Contracting Officer
or HUD may, after written notice to the Contractor, take such
action as may be necessary to cause the suspension of any
further payment or advance until such violations have ceased.
The Public Housing Agency or HUD may, after written notice to
the Contractor, disburse such amounts withheld for and on
account of the Contractor or subcontractor to the respective
employees to whom they are due.
3. Records
(a) The Contractor and each subcontractor shall make and
maintain for three (3) years from the completion of the work
records containing the following for each laborer and
mechanic:
(i) Name, address and Social Security Number,
(ii) Correct work classification or classifications;
(iii) Hourly rate or rates of monetary wages paid;
(iv) Rate or rates of any fringe benefits provided;
(v) Number of daily and weekly hours worked;
(vi) Gross wages earned;
(vii) Any deductions made; and
(viii) Actual wages paid.
(b) The Contractor and each subcontractor shall make the
records required under paragraph 3(a) available for
inspection, copying, or transcription by authorized
representatives of HUD or the HA and shall permit such
representatives to Interview employees during working
hours on the job. If the Contractor or any subcontractor
fails to make the required records available, HUD or its
designee may, afterwritten notice to the Contractor, take
such action as may be necessary to cause the suspension
of any further payment, advance or guarantee of funds.
4. Apprentices and Trainees
(a) Apprentices and trainees will be permitted to work at less
than the predetermined rate for the work they perform
when they are employed pursuant to and individually
registered in:
(i) A bona fide apprenticeship program registered
with the U.S. Department of Labor, Employment
and Training Administration (ETA), Office of
21
form HUD - 5370 -C (10/2006)
Apprenticeship Training, Employer and Labor
Services ( OATELS), or with a state apprenticeship
agency recognized by OATELS, or if a person is
employed in his/her first 90 days of probationary
employment as an apprentice in such an
apprenticeship program, who is not individually
registered in the program, but who has been
certified by OATELS or a state apprenticeship
agency (where appropriate) to be eligible for
probationary employment as an apprentice;
(ii) A trainee program which has received prior
approval, evidenced by formal certification by the
U.S. Department of Labor, ETA; or
(iii) A training /trainee program that has received prior
approval by HUD.
(b) Each apprentice or trainee must be paid at not less than
the rate specified in the registered or approved program for
the apprentice's/trainee's level of progress, expressed as a
percentage of the journeyman hourly rate specified in the
applicable wage determination. Apprentices and trainees
shall be paid fringe benefits In accordance with the
provisions of the registered or approved program. If the
program does not specify fringe benefits,
apprentices/trainees must be paid the full amount of fringe
benefits listed on the wage determination for the applicable
classification,
(c) The allowable ratio of apprentices or trainees to
journeyman on the job site in any craft classification shall
not be greater than the ratio permitted to the employer as
to the entire work force under the approved program.
(d) Any worker employed at an apprentice or trainee wage rate
who is not registered in an approved program, and any
apprentice or trainee performing work on the job site in
excess of the ratio permitted under the approved program,
shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually
performed,
(e) In the event OATELS, a state apprenticeship agency
recognized by OATELS or ETA, or HUD, withdraws
approval of an apprenticeship or trainee program, the
employer will no longer be permitted to utilize
apprentices /trainees at less than the applicable
predetermined rate for the work performed until an
acceptable program is approved.
5. Disputes concerning labor standards
(a) Disputes arising out of the labor standards provisions
contained in Section it of this form HUD - 5370 -C, other than
those in Paragraph 6, shall be subject to the following
procedures. Disputes within the meaning of this paragraph
include disputes between the Contractor (or any of its
subcontractors) and the HA, or HUD, or the employees or
their representatives, concerning payment of prevailing
wage rates or proper classification. The procedures in this
section may be initiated upon HUD's own motion, upon
referral of the HA, or upon request of the Contractor or
subcontractor(s).
(i) A Contractor and/or subcontractor or other
interested party desiring reconsideration of
findings of violation by the HA or HUD relating to
the payment of straight -time prevailing wages or
classification of work shall request such
reconsideration by letter postmarked within 30
calendar days of the date of notice of findings
issued by the HA or HUD. The request shall set
forth those findings that are in dispute and the
reasons, including any affirmative defenses, with
respect to the violations. The request shall be
directed to the appropriate HA or HUD official in
accordance with instructions contained in the
notice of findings or, if the notice does not specify
to whom a request should be made, to the
Regional Labor Relations Officer (HUD),
(1i) The HA or HUD official shall, within 60 days
(unless otherwise indicated in the notice of
findings) after receipt of a timely request for
reconsideration, issue a written decision on the
findings of violation. The written decision on
reconsideration shall contain instructions that any
appeal of the decision shall be addressed to the
Regional Labor Relations Officer by letter
postmarked within 30 calendar days after the date
of the decision. to the event that the Regional
Labor Relations Officer was the deciding official
on reconsideration, the appeal shall be directed to
the Director, Office of Labor Relations (HUD). Any
appeal must set forth the aspects of the decision
that are in dispute and the reasons, including any
affirmative defenses, with respect to the violations.
(iii) The Regional Labor Relations Officer shall,
within 60 days (unless otherwise Indicated in the
decision on reconsideration) after receipt of a
timely appeal, issue a written decision on the
findings. A decision of the Regional Labor
Relations Officer may be appealed to the Director,
Office of Labor Relations, by letter postmarked
within 30 days of the Regional Labor Relations
Officer's decision. Any appeal to the Director
must set forth the aspects of the prior decisions)
that are in dispute and the reasons. The decision
of the Director, Office of Labor Relations, shall be
final.
(b) Disputes arising out of the labor standards provisions of
paragraph 6 shall not be subject to paragraph 5(a) of this
form HUD- 5370C. Such disputes shall be resolved in
accordance with the procedures of the U.S, Department of
Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within
the meaning of this paragraph 5(b) include disputes
between the Contractor (or any of its subcontractors) and
the HA, HUD, the U.S. Department of Labor, or the
employees or their representatives.
6, Contract Work Hours and Safety Standards Act
The provisions of this paragraph 6 are applicable only where
the amount of the prime contract exceeds $100,000. As used in
this paragraph, the terms "laborers" and "mechanics` Includes
watchmen and guards.
(a) Overtime requirements. No Contractor or subcontractor
contracting for any part of the Contract work which may
require or Involve the employment of laborers or
mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed
on such work to work in excess of 40 hours in such
workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one -half
times the basic rate of pay for all hours worked in excess of
40 hours in such workweek,
(b) Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the provisions
set forth in paragraph 6(a), the Contractor and any
Section it - Page 2 of 3
form HUD - 5370 -C (1012006)
•
•
•
22
• subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such Contractor and
subcontractor shall be liable to the United States (in the
case of work done under contract for the District of
Columbia or a territory, to the District or to such territory),
for liquidated damages. Such liquidated damages shall be
computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in
violation of the provisions set forth in paragraph (a) of this
clause, in the sum of $10 for each calendar day on which
such individual was required or permitted to work in excess
of the standard workweek of 40 hours without payment of
the overtime wages required by provisions set forth in
paragraph (a) of this clause.
(c) Withholding for unpaid wages and liquidated damages.
HUD or its designee shall upon its own action or upon
written request of an authorized representative of the U.S.
Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the
Contractor or subcontractor under any such Contract or
any federal contract with the same prime Contractor, or
any other federally- assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is
held by the same prime Contractor such sums as may be
determined to be necessary to satisfy any liabilities of such
Contractor or subcontractor for unpaid wages and
liquidated damages as provided in the provisions set forth
in paragraph (b) of this clause.
7. Subcontracts
The Contractor or subcontractor shall insert in any
• subcontracts all the provisions contained in this Section It and
also a clause requiring the subcontractors to Include these
provisions in any lower tier subcontracts. The prime Contractor
shall be responsible for the compliance by any subcontractor or
lower tier subcontractor with all the provisions contained in
these clauses.
8. Non - Federal Prevailing Wage Rates
Any prevailing wage rate (including basic hourly rate and any
fringe benefits), determined under state law to be prevailing,
with respect to any employee in any trade or position employed
under the Contract, Is inapplicable to the contract and shall not
be enforced against the Contractor or any subcontractor, with
respect to employees engaged under the contract whenever
such non - Federal prevailing wage rate, exclusive of any fringe
benefits, exceeds the applicable wage rate determined by the
Secretary of HUD to be prevailing in the locality with respect to
such trade or position.
Contractor agrees to abide by the terms of this policy in connection with work
performed at Indian Knoll Manor, 2020 Commerce Boulevard, Mound, MN 55364.
Signed
Company
Contractor
Date:
• Section 11- Page 3 of 3 form HUD - 5370 -C (1012006)
23
tic It ibiT 5
Maintenance Wage Rate Decision
U.S. Department of Housing and
HUD FORM 52158
Urban Development
(06/2006)
Office of Labor Relations
Agency Name:
LR 2000 Agency ID No:
Wage Decision Type:
❑ Routine Maintenance
•
❑ Nonroutine Maintenance
Effective Date:
Expiration Date:
The following wage rate determination is made pursuant to Section 12(a) of the U.S. Housing Act of 1937, as amended, (public housing
agencies), or pursuant to Section 104(b) of the Native American Housing Assistance and Self- determination Act of 1996, as amended, (Indian
housing agencies). The agency and its contractors may pay to maintenance laborers and mechanics no less than the wage rate(s) indicated for
the type of work they actually perform.
HUD Labor Relations Date
(Name, Title, Signature)
HOURLY WAGE RATES
WORK CLASSIFICATION(S)
BASIC WAGE
FRINGE BENEFIT(S) (if any)
•
❑ The agency employee benefit
program has been determined
by HUD to be acceptable for
meeting the prevailing fringe
benefit requirements.
(HUD Labor Relations: ff applicable,
check box and initial below.)
LR Staff Initial
FOR HUD USE ONLY
LR2000: •
Log in:
24
Log out:
PREVIOUS EDITION IS OBSOLETE Form H1.1042168 (06/2006)