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2012-11-27 HRA Agenda PacketPLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS 0 AGENDA MOUND HOUSING & REDEVELOPMENT AUTHORITY REGULAR MEETING TUESDAY, NOVEMBER 27, 2012 6:40 P.M. MOUND CITY COUNCIL CHAMBERS Pace 1. Open meeting 2. Action approving agenda, with any amendments 3. Action approving minutes: November 13, 2012 regular meeting 1 184. Action approving claims 2 -4 5. Discussion on key operating indicators and HUD's scoring model/ 5 -20 Public Housing Assessment System 6. Action to Approve Management Agreement between Mound HRA 21 -31 and Common Bond Communities for the period January 1, 2013 through December 31, 2013. 7. Action to approve 2013 Operating Budget for Indian Knoll Manor 32 -33 Public Housing, including the following resolutions /certifications: A. PHA Board Resolution Approving Operating Budget 34 B. Civil Rights Certification 35 C. Certification of Payments to Influence Federal Transactions 36 8. Adjourn is MOUND HOUSING AND REDEVELOPMENT AUTHORITY . NOVEMBER 13, 2012 The Mound Housing and Redevelopment Authority in and for the City of Mound, Minnesota, met in regular session on Tuesday, November 13, 2012, at 6:40 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, Mary Bujold 1. Open meeting Chair Mark Hanus called the meeting to order at 6:40 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 Gesch to approve the minutes of the October 23, 2012 regular meeting. All voted in favor. Motion carried. 4. Approve claims • MOTION by Osmek, seconded by Salazar to approve the claims in the amount of $8,510.48. All voted in favor. Motion carried. 5. Contract for Professional Services f or preparation of market study and strategic analysis Mary Bujold of Maxwell Research presented a proposal for a market study and strategic analysis. Staff feels that this is a necessary and important tool for continuation of our redevelopment efforts following the projects and activities that have been completed to date. It will also create a strategic implementation plan for the future as the City looks at new projects. The cost of the project is $21,900 and is expected to take 75 days to complete. The funding source is TI171 -3 funds. MOTION by Hanus, seconded by Gesch to approve entering into a contract with Maxwell Research for preparation of a market study and strategic analysis, with an anticipated start date of January, 2013 and the $21,900 cost to be funded by TIF1 -3 funding. All voted in favor. Motion carried. 6. Adiourn MOTION by Gesch, seconded by Salazar to adjourn at 7:08 p.m. All voted in favor. Motion carried. Chair Mark Hanus • Attest: Bonnie Ritter, City Clerk -1- Moun HRA Claims as of 11 -27 -12 YEAR 2012 2012 BATCH NAME 1127COMBOND 112712 H RA TOTAL CLAIMS DOLLAR AMOUNT $1,524.64 $2,180.17 • $3,704.81 • • -2- S: \FINANCE DEPT\AP \HRA MTG CLAIMS LISTING Pre - Written Check $0.00 Checks to be Generated by the Computer $1,524.64 Total $1,524.64 • S11 MOUND, MN 11/20/12 9 9e AM Payments '......_... ..... ......_ CITY OF MOUND Current Period: November 2012 Batch Name 1127COMBOND User Dollar Amt $1,524.64 Payments Computer Dollar Amt $1,524.64 $0.00 In Balance Refer 1 COMMON BOND COMMUNITIES Cash Payment E 680 -49800 -101 F T Empl Regular PAYROLL REIMB 11 -02 -12 OFFICE SALARY $1,030.30 Invoice 050900 11/9/2012 Cash Payment E 680 -49800 -111 Other IKM Maint PAYROLL REIMB 011 -02 -12 MAINTENANCE $103.95 SALARY Invoice 050901 11/9/2012 Cash Payment E 680 -49800 -122 FICA PAYROLL REIMB 11 -02 -12 OFFICE ER TAX $77.17 Invoice 050902 11/9/2012 Cash Payment E 680 - 49800 -130 Employer Paid Ins (GEN PAYROLL REIMB 11 -02 -12 MAINTENANCE $23.76 ER TAX & INSURANCE Invoice 050903 11/9/2012 Cash Payment E 680 -49800 -131 Employer Paid Health PAYROLL REIMB 11 -02 -12 OFFICE ER $107.33 INSURANCE Invoice 050904 11/9/2012 Cash Payment E 680 -49800 -121 PERA PAYROLL REIMB 11 -02 -12 OFFICE ER 401K $36.36 MATCH Invoice 050906 11/9/2012 Cash Payment E 680 -49800 -331 Use of personal auto MTC MILEAGE REIMBURSEMENT 6/30- 7/8/12 $101.57 Invoice 050894 11/9/2012 Cash Payment E 680- 49800 -331 Use of personal auto MTC MILEAGE REIMBURSEMENT 10 -12 -12 $29.97 Invoice 050895 11/9/2012 Cash Payment E 680 - 49800 -430 Miscellaneous AMERPRICE MT /CT UNIFORMS 10/12 $14.23 Invoice 050824 11/9/2012 Transaction Date 11/20/2012 Wells Fargo HRA 10120 Total $1,524.64 Fund Summary 10120 Wells Fargo HRA 680 HRA PUBLIC HOUSING $1,524.64 $1,524.64 Pre - Written Check $0.00 Checks to be Generated by the Computer $1,524.64 Total $1,524.64 • S11 MOUND, MN 11/20/12 4:08 PM j LA Page 1 ILL _ .._.._.... CITY OF MOUND Current Period: November 2012 Pre - Written Check $0.00 Checks to be Generated by the Computer $2,180.17 Total $2,180.17 1 • In Batch Name 112712HRA User Dollar Amt $2,180.17 Payments Computer Dollar Amt $2,180.1 $0.00 In Balance Refer 1 FRONTIEWCITIZENS COMMUNICA Cash Payment E 680 -49800 -321 Telephone & Cells PHONE SVC 11 -13 THRU 12 -12 IKM $256.38 Invoice 11272012 11/13/2012 Transaction Date 11/20/2012 Wells Fargo HRA 10120 Total $256.38 Refer 4 MOUND, CITY OF _ Cash Payment E 680 -49800 -382 Water Utilities WATER SERVICE 10 -1 -12 TO 11 -1 -12 IKM $1,599.19 Invoice 11272012 11/20/2012 Transaction Date 11/20/2012 Wells Fargo HRA 10120 Total $1,599.19 Refer 2 ROTO ROOTER _ Cash Payment E 680 - 49800 -401 Building Repairs CLEAR KITCHEN STOPPAGE, REMOVE $229.00 DEBRIS IN PIPE - IKM Invoice 04816883410 11/6/2012 Transaction Date 11/20/2012 Wells Fargo HRA 10120 Total $229.00 Refer 3 SHERWIN WILLIAMS COMPANY Cash Payment E 680 - 49800 -220 Repair /Maint Supply FLAT EXTRA WHITE PAINT FIVE 5 GAL $95.60 Invoice 3125 -5 11/8/2012 Transaction Date 11/20/2012 Wells Fargo HRA 10120 Total $95.60 Fund Summary 10120 Wells Fargo HRA 680 HRA PUBLIC HOUSING $2,180.17 $2,180.17 Pre - Written Check $0.00 Checks to be Generated by the Computer $2,180.17 Total $2,180.17 1 • In HUD PHAS Rating Analysis • All commissioners received the attached letter from HUD with suggestions on how to improve the occupancy rate and an invitation to schedule a conference call with the HUD Portfolio Team. A conference call has been tentatively scheduled for Wednesday, December 12, 2012 at 1:00pm with members of management and Common Bond staff participating. Management will provide the HRA Board minutes of the meeting, but Commissioners are also welcome to attend if they desire. is • A SWOT Analysis (Strengths, Weaknesses, Opportunities, and Threats) and a proposed format for Common Bond to report on key operating statistics are also attached. The letter from HUD made the following recommendations, and management has responded to each below. The emphasis needs to be on reducing turnover and improving the marketability of our units. More will be done to grow the wait list by increasing marketing and outreach efforts. There has been an increase in senior housing developments, all of which have an affordable component, so we have lost many of our senior tenants who were able to upgrade to new, larger units with no change in rent. -5- HUD Recommendation Management Response Status 1 Evaluate wait list, selection and certification ACOP updated in May 2012. Need to process, update ACOP increase numbers on wait list by advertising locally, outreach. CB to provide wait list monthly. 2 Assess marketing efforts including free Refer to Common Bond Marketing Plan, websites verify follow- through 3 Intake policies efficient? Believed to be adequate 4 Limit transfers if vacant units more Transfers are optional but a $400 fee is marketable... problem with moves to other charged which discourages demand. housing sites IKM units are smaller than other options in the area. 5 Minimize turn - around time on vacant units, CB to provide mgmt report of punch list ensure PIC is updated on a timely basis. and timeline to get it done. Mgmt monitors PIC. 6 Assess marketability of units and location Great location but smaller units that have not been completely updated....need new woodwork and cabinetry 7 Any units taken off line currently? No —just the caretaker unit. Caretaker position has been vacant for more than one year. Need to evaluate compensation package and update unit as this position is integral to operations 8 Tenant Accounts Receivable Issues at year -end have been resolved. 9 Accounts Payable Issues at year -end have been resolved. The emphasis needs to be on reducing turnover and improving the marketability of our units. More will be done to grow the wait list by increasing marketing and outreach efforts. There has been an increase in senior housing developments, all of which have an affordable component, so we have lost many of our senior tenants who were able to upgrade to new, larger units with no change in rent. -5- PZ VA EN iQ B4 N DFVF�' Board of Commissioners c/o Mr. Mark Hanus, Chair, Mayor HRA of the City of Mound 5341 Maywood Rd Mound, MN 55364 Dear Commissioners: U.S. Department of Housing and Urban Development Minneapolis Field Office 920 Second Avenue South Minneapolis, Minnesota 55402 http: / /www.hud.gov/ NOV - 8 2012 On September 14, 2012, the HRA of the City of Mound was designated Management Substandard by HUD based on a Public Housing Assessment System Unaudited/Non A -133 management score of 1 (out of 25), and an overall score of 66 (out of 100) for the fiscal year ending 12/31/2011, as shown in the enclosed PHAS Score Report. The Board of Commissioners /Governing Body of the HRA of the City of Mound should take immediate action to identify the sources(s) of the performance deficiencies and develop and implement a plan to recover its PHAS score and ensure long -term sustainability at an acceptable level of performance. The following list of actions is offered as common suggestions to the Board to use in self - diagnosing the source(s) of its deficiencies and identifying solutions to recover its performance for long -term sustainability. My staff person, Tony Landecker, has been communicating with your agency about its occupancy rate over the last year. I would like to invite the Board Chair t he Executive Director, and any other interes Commissioners to p-Wm pate in aon c all with your HUD portfolio team and me in the next month to discuss any cha llenges and possi ways to increase your scor Management Substandard Generally, when a public housing agency becomes Management Substandard, it is because it has not maintained a satisfactory occupancy level, as established under PHAS. The occupancy percentage, which compares unit months available vs. unit months leased over your fiscal year, accounts for 16 points of your MASS score. To receive full points, an HRA should strive to achieve 98% or greater occupancy. To increase occupancy, Commissioners may: *Evaluate waiting list, tenant selection, and initial certification processes to ensure coordination between staff involved and timely preparation for move -ins. In public housing, tenant selection policies and preferences are outlined in the Admissions and Continued Occupancy Plan, or "ACOP." If your Board has not reviewed or updated the ACOP in more than two years, this is a critical first step to identifying issues that impact your occupancy. • LJ • • your occupancy. • Assess marketing efforts, especially the use of free websites like housinglink.org, Craigslist, and social media. Ensure that the marketing plan is affirming HUD's fair housing requirements, and not targeting a specific group (such as seniors) if the housing is not designated/approved by HUD for the elderly and disabled. • Assess new tenant intake policies and practices and consider implementing those that would contribute to quicker lease up, such as starting the certification process earlier, paying a deposit and signing a lease once certified, or limiting the number of unit -offer turn-downs for those on the waiting list. • Consider limiting transfers for existing tenants, if vacant units may be more marketable to the public. Update the ACOP /transfer policy if this practice changes. • Evaluate the leasing process and turn_- around time of vacant units, from the time the departing tenant gives notice to the time the new tenant moves in, and ensure all tenant forms are entered into the Public Housing Information Center (PIC). • Assess the feasibility and desirability of under- occupied developments, e.g. physical condition and configuration, rehabilitation costs and lifespan, neighborhood factors such as crime and proximity to employment, transportation, and services, etc., and consider repositioning options if appropriate. • Ensure that units taken off line for modernization, special use, or other allowed reasons have been approved by HUD, do not exceed their permissible time limitation (e.g. three years maximum for modernization units), and are correctly classified in HUD systems. • If you have lost points under the Tenant Accounts Receivable scoring indicator (5 points): • Discuss the amounts owed and collection practices followed with your Executive Director, financial staff, fee accountant, and/or auditor. Review the ACOP and lease for a description of fees and payment policies. • Discuss how the policies are implemented and how property management staff enforce the lease provisions. Identify where the losses occurred, and if they could have been prevented, or if amounts could have been reduced with timely action. • Ensure that losses are reviewed and written off by the Board regularly, and that the data is correctly reported in HUD's Financial Data System (FDS). Fraud related to unreported income may be reported under FDS line 128, instead of as a receivable. Accounts Payable includes the amounts payable to contractors, vendors, employees or others on open accounts and contract billings for materials received or services rendered. Those amounts that are reported as more than 90 days overdue count against your PHAS score. If you lost points in this scoring indicator, discuss the amounts owed and payment practices with your Executive Director, financial staff, fee accountant, and /or auditor. Further, review accounts receivable and payable as part of the monthly Board meetings to ensure compliance with the HRA's financial policies. -7- U. S. Department of Housing and Urban Development • OFFICE OF PUBLIC AND INDIAN HOUSING REAL ESTATE ASSESSMENT CENTER Report Date: 6/12/2012 Public Housing Assessment System (PHAS) Score Report for Interim Rule >HA Code: MN074 'HA Name _ _ HRA OF T CITY OF MO MiN _ „ _ 'fiscal Year End: - 12/31/2011 PHAS Indicators Score Maximum Score Physical 37 40 Financial 18 25 Management 1 25 Capital Fund 10 10 Late Penalty Points 0 Score PHAS Total Score 66 100 PHAS Designation Substandard Management Initial PHAS score issued date: 4/30/2012 Financial Score Details Score Maximum Score. submission Type: Unaudited /Non -A =133 1. FASS Score before deductions 17.84 25.00 2. Audit Penalities otal Financial Score Unrounded (PASS Score -Audit Penalties) 17.84 25.00 Capital Fund Score Details Score Maximum Score Timeliness of Fund Obligation: 1. Timeliness of Fund Obligation % 9 2. Timeliness of Fund Obligation Points - 5 _ 5 _ Occupancy Rate: 3. Occupancy Rate % 92 4. Occupancy Rate Points 5 5 Total Capital Fund Score (Fund Obligation + Occupancy Rate): 10 10 • Notes: 1. The scores in this Report are the official PHAS scores of record for your PHA. PHAS scores in other systems are not to be relied upon and are not being used by the Department. 2. Due to rounding, the sum of the PHAS indicator scores may not equal the overall PHAS score. 3. "0” FASS Score indicates a late presumptive failure. See §§ 902.60 and 902.92 of the Interim PHAS rule. 4. "0" Total Capital Fund Score is due to score of "0" for Timeliness of Fund Obligation. See the Capital Fund Scoring Notice. 5. PHAS Interim Rule website - http:// www. hud. gov/ offices /reac /products /prodphasintrule.cfm • 0 • j " ;` U. S. Department of Housing and Urban Development �} OFFICE OF PUBLIC AND INDIAN HOUSING REAL ESTATE ASSESSMENT CENTER • 1 0 1 Report Date: 9/24/2012 Public Housing Assessment System (PHAS) Score Report for Interim Rule PHA Code. Score N1N074 _ PHA Name 4 F1RA OF TO CITY 0� M )) OUNDMINNESOTAh Y� kt^` fc . tai F *," 25.00 Phy sical 37 Fiscal �eEn ar d 9 25 Management 1 AS In`dlcators �� Score IV)axamum 5 � , 4 1. FASS Score before deductions 10.06 25.00 Phy sical 37 40 Financial 9 25 Management 1 25 Capital Fund 10 10 Late Penalty Points 0 10 PHAS Total Score 57 100 PHAS Designation Troubled Initial PHAS score issued date: 4/30/2012 Financiai Score Details Score " Maximum k w s r',:' ,Submission Type audited /Non 133 , r Score , r _ 1. FASS Score before deductions 10.06 25.00 2. Audit Penalities -1.01 5 Frotal Financial Score Unrounded (FASS Score - Audit Penalties) 9.05 25.00 Cap i tal Fund Score Details Score Maximum T . Timeliness of Fund Obligation: 1. Timeliness of Fund Obligation % 90 2. Timeliness of Fund Obligation Points 5 5 Occupancy Rate: 3. Occupancy Rate % 92 4. Occupancy Rate Points 5 5 Total Capital Fund Score (Fund Obligation + Occupancy Rate): 10 10 Notes: 1. The scores in this Report are the official PHAS scores of record for your PHA. PHAS scores in other systems are not to be relied upon and are not being used by the Department. 2. Due to rounding, the sum of the PHAS indicator scores may not equal the overall PHAS score. 3. "0" FASS Score indicates a late presumptive failure. See §§ 902.60 and 902.92 of the Interim PHAS rule. 4. "0" Total Capital Fund Score is due to score of "0" for Timeliness of Fund Obligation. See the Capital Fund Scoring Notice. 5. PHAS Interim Rule website - http: / /www.hud.gov/ offices /reac /products /prodphasintrule.cfm W'•11 Mound Housing and Redevelopment Authority Indian Knoll Manor Public Housing S.W.O.T. Analysis STRENGTHS WEAKNESSES Location, Location, Location Small units, kitchen needs updating Ample parking Maximum of 2 people for one bedroom limits options for families Nice grounds and common areas Need caretaker position filled Mecahnical systems upgraded /functioning well No support services funded at this time Proximity to WeCan, churches, foodshelf County Social Workers hard to access and other complementary services Crime Free Multi Housing - receive great support from the Police Dept. and emergency responders OPPORTUNITIES THREATS Income threashold easy to qualify Many new senior housing projects being developed with affordable component Demand for rentals increasing Affordable housing options in area, many with Focus on tenant retention and satisfaction larger units. Increase marketing efforts Issues with problem tenants /guests need to be addressed immediately but process can be Funds available to upgrade units /maintain drawn out property • • • -10- r� • • Mound Housing and Redevelopment Authority Indian Knoll Manor Public Housing Key Operating Statistics As of Tennant Related Capital Improvement Related Current Month No. of Vacancies: 2011 Grant Amount: $42,394 No. Days Units Vacant: 2011 Grant Expended: $27,394 Projects: Lighting Retrofit /Replace Retaining Walls YTD Occupancy Rate: Expires: July 31, 2013 Current Month Rental Revenue: $ 2012 Grant Amount: $39,243 Tenant Accounts Receivable: $ 2012 Grant Expended: $0 Projects: Unit Upgrades /Retaining Walls No. of People on Waitlist: Expires: July 31, 2014 1 Bedroom Studio 2013 Grant Amount: TBD 2013 Grant Expended: $0 No. of Tours Conducted: Outstanding Project: Unit Upgrades Marketing Plan Monthly Recap Operating Action Plan # Weeks Advertised in the Laker: Hire Caretaker Replace ground floor hallway carpeting Outreach Initiatives: Replace exterior locks Organization Decorate for the holidays Materials Market Rate rent review Questionnaires /Surveys HUD Wage Determination Report Evaluate surveillance system Websites: Resident support initiatives Newsletter: -11- u co 9 u 00 0 a b v ED ca a +J ,a tm o� d' II b\ O O x c7 H x 40 1 01 01 IC U GJ L O Z s *' o 0 CL N y o N � aA a *, c L 5 O —' a N CL O 3 � V V o O L O c L o Q 0 N O L c Y � •R .Q LL _ 0 0 0 0 0 0 0 0 0 0 O 00 CG Iq (N O 00 to d' N O O 0) 0) 01 0) 01 00 00 00 w 00 u co 9 u 00 0 a b v ED ca a +J ,a tm o� d' II b\ O O x c7 H x 40 1 01 01 IC MARKETING GOALS AND OBJECTIVES 1 • 1. On -going Operations The goals of the on -going marketing program are: a. To promptly fill all units that are vacant or will become available with qualified, quality applicants; b. To develop a waiting list of fully processed, qualified, quality applicants for each unit; C. To handle all turnovers so that the move -out and the move -in are back to back, or at a minimum, that vacant units are prepared for showing and re- rental within five working days of the move -out; d. To minimize and preferably to eliminate income lost due to vacancies; e. To generate a rental traffic of qualified, quality applicants; f. To attract seniors whose income will allow them to pay rent plus utilities up to 30% of their income, and; g. To continue to insure and enhance the curb appeal and good reputation that currently exists. TARGET MARKETS • Selection of qualified residents will be based on criteria established by CommonBond Communities. THEME AND TAG LINES In marketing Indian Knoll Manor, management will work to convey to prospective residents that: 1. Indian Knoll Manor is a good housing community in which seniors and disabled persons can comfortably live independent lives. 2. CommonBond Communities is responsive to the needs and wishes of its residents and allows it residents a role in the management of their homes. In addition, brief statements will be developed for advertising and marketing materials, which convey the theme and which also, convey that Indian Knoll Manor is: a. Well designed with quality constructed units, b. Convenient to work, services and public transportation, C. Served by good transportation, d. Affordable. is -14- 3 i ADVERTISING 1. Newspapers Most of the paid advertising for Indian Knoll Manor will be done in newspapers such as the Minneapolis Star Tribune The Focus Community News Insi ht News Asian American Pages La Prensa de Minnesota and Native American Press 2. Frequency Until a waiting list is generated that is sufficient to cover 6 months of turnover. Advertising will generally run on Sunday or in each scheduled issue of neighborhood papers. 3. Type Two types of advertising will be used: classified and display ads (depending on ' budget). Because readers generally page through neighborhood newspapers quickly, display ads will be used with those newspapers. . OUTREACH I 1. Organizations Efforts will be made to reach prospective residents through the following organizations or types of organizations: a. Neighborhood groups; b. Churches in the neighborhood; C. Businesses frequented by Indian Knoll Manor residents, i.e., banks and medical; d. Employers in the areas who are likely to employ seniors with incomes at the target income range; e. CommonBond Communities Advantage Services Corporation; f. Social Service Agencies. 2. Materials The regional manager or the property manager will visit these organizations and present information about Indian Knoll Manor Materials will be left with appropriate staff at these organizations. The materials include: a. File cards with basic information on available units; b. Flyers for posting on bulletin boards; C. Brochures for handing out; and, d. Draft inserts for newsletters and church bulletins. ' 3. Frequency Follow -up with these organizations will be as required. The follow -up will provide staff at the organizations with updated information about Indian Knoll Manor and available units, will permit staff to answer any questions, and will allow Indian Knoll I Manor staff to ensure that the organizations have an appropriate supply of materials. 4. Objective The objective of outreach efforts is to encourage other organizations to pass 1 along information about Indian Knoll Manor prospective residents. i r -15- RESIDENT INVOLVEMENT 1 • Many prospective residents will be referred to Indian Knoll Manor by current residents. To enhance this, a program to involve residents will be developed. Elements of the program will include: Notice A monthly notice will be sent to all residents, informing them of the number of each size of unit currently available, either vacant or with pending notices. Specific units will not be identified. 2. Newsletter A regular feature will be included addressing three issues: a. How residents can improve Indian Knoll Manorimage by what they say and do, b. What residents can do to enhance the curb appeal of Indian Knoll Manor, and C. The importance of minimizing vacancy loss so as to increase the income and reduce one source of upward pressure on rents. SIGNAGE Identification Signs Permanent signs, and /or a leasing banner will be placed that will identify the development and how to obtain additional rental information. MARKETING MA TERIALS J • The following materials will be developed for use in the marketing program: I. Flyers A flyer will be utilized for advertising and outreach efforts. It will be designed with the idea that it will be both handed out and posted on bulletin boards. 2. Plans Plans of the unit layouts, the site, and the neighborhood will be prepared and printed separately. Along with the neighborhood plan will be a hand -out of neighborhood information including the location of, and information about: the police precinct station, the fire station, the post office, the nearest hospitals and medical facilities, schools, daycare facilities, churches, shopping (grocery stores, neighborhood stores, major discount stores, and shopping areas), parks and recreation, banks, and transportation. 3. Visit Suminary A simple form will be developed on which can be written information discussed with a prospective resident, such as unit address and rent or information needed by staff for the rental application. The form would be given to the prospective resident. 4. Staff Information Information sheets will be developed and kept updated that list available units and details on each, and that outline rents, utility allowances and maximum and minimum qualifying family incomes. 5. Newsletter A monthly newsletter will be generated. 1 -16- • MODEL There will be no formal model apartment. A heavy emphasis will be placed on the rapid leasing of units, and staff will work with residents so that their units are as presentable as possible for showings before they move out. MAINTENANCE Maintenance plays a key role in the marketing program in at least three areas: 1. Unit Preparation Units are prepared for renting as quickly as possible. This is accomplished by working closely with the contractor. 2. Curb Appeal A special, continuing emphasis will be placed on how Indian Knoll Manor f looks to a prospective resident or a visitor driving or walking up to the housing community. Attention will be paid particularly to the grounds (well cleared parking lots and walkways during winter, well tended lawns and flowers during summer, and trash - free grounds throughout the year) and to the building exteriors (well maintained and well lit buildings). 3. Service Word -of -mouth is the most effective and least expensive marketing tool available. Good service on resident maintenance requests is one of the best ways to build a positive attitude towards Indian Knoll Manor among current residents, which leads to good word -of -mouth advertising. Good service includes handling most maintenance requests by the end of the next business day, and following up with residents regularly until completion of maintenance requests not completed within that time period. The quality of maintenance service will be regularly checked by providing residents with comment cards after their maintenance requests are completed and by spot checking work done in completing maintenance requests. TRACKING RESULTS To have an effective marketing program, it is necessary to track the results of the various ' marketing efforts and to decide what efforts should be continued, what efforts should be emphasized, and what efforts should be changed or eliminated. The following are important and necessary elements in tracking the marketing program: I 1. Guest Card. For each prospective resident, a guest card will be completed. The guest card will help in deciding how best to approach each prospective resident, and it will Provide a record on each prospective resident, indicating what brought them to what they are looking for in housing, and what their current family and housing circumstances are. 2. Traffic Report A traffic report will be prepared and mailed to the main office of CommonBond Communities monthly. The traffic report will summarize, and give useful statistics on the waiting list. The traffic report will indicate the number of calls received from, and appointments made with prospective residents, the number of visits by prospective residents, the day and time of day when prospective residents visited the development, the source of information which brought the prospective residents to the development, the number of prospective residents from the target markets, and the number of visits by prospective residents that resulted in rental applications. The traffic -17- 6 F1 9 6. TRACKING RESULTS (CON11NUhV) report will be the most important source of information for evaluating marketing • programs. Vacancy and Turnover Report. e site rep t will also 1 sts va mailed to t the regional manager from th is most important In monitoring the renting of units. Questionnaires In any n marketing situation, to str the marketing program. At source of the information nee Communities, resident feedback will be gained in three ways: a . After move -in, new residents n questioned on their decision to rent and on their first reactions to living at India b. When a resident moves out, they will be questioned twice, once when they give their vacate notice (primary purpose: retention of good residents) and again when their security deposit is returned to them (primary purpose: solicitation of reasons for leaving, complaints about Indian Knoll Manor, and suggestions for improvements). C. Each year, the residents of Indian Knoll Manor are surveyed regarding a number of issues. The survey questionnaire a asking section what their likes, , disl dislikes and residents rented at Indian suggestions are regarding li f g improving life at IndianrKno 1 Manor asking or suggestions they would m for more effectively reaching prospective residents. p Marketin Reviews. The regional manager will meet with the property manager on a weekly basis to review the marketing b made results of the what hangessto month will e make in the reviewed and discussed, and d marketing program for the coming month. Cost Effectiveness. Each month, the cost the ills marketing bo hout -of- pocket costs and at the regional manager. The regional mana total cost er ute the Staff time spent in outreach f s to determine athe cost per rent d apartment by c t gory rented apartment and will attempt the cost effectiveness of advertising or outreach. The decide de if changes should be made to better balance costs of current marketing efforts with results. • -18 -7 • MARKETING PROCESS It is important for the site staff handling the marketing day -to -day to see the marketing program, not as isolated actions and events, but as an integrated sequence of efforts that depend and build on each other. The outline of the process is as follows: 1. Overall Direction The staff must know and understand the goals and objectives of the marketing program. They must also know and understand the factors that influence prospective residents to choose one housing community over another. 2. Market and Product Knowledge The staff must have detailed knowledge of the demographics of their current residents, and must clearly understand the target markets for the development. The staff must have a clear idea and understanding of the circumstances of families in the target markets. The staff must also thoroughly know and be conversant in all aspects of Indian Knoll Manor as a housing development. They must be familiar with the assets and the problems of the development. The staff must be equally comfortable with the marketing theme and tag lines and be able to use them effectively with prospective residents. 3. Appearance First impressions are critical in all marketing situations. Staff must consistently be aware of, and sensitive to Indian Knoll Manor curb appeal, to the appearance of the office, and to the condition of the units to be re- rented. • 4. Knowledge of Marketing Materials and Advertising The staff must be completely familiar with the language and text of all marketing materials and advertising. They must also be completely familiar with the details of all- marketing forms, applications, and reports, and be comfortable in usingg them. The staff should be kept completely up -to -date with any changes made, preferably by advance notice. 5. Advertising and Outreach With the above as a background, the property manager then begins a systematic and coordinated program of advertising and outreach, which has been planned and discussed with the regional manager and is in accordance with the AFHMP. 6. Telephone The first contact most prospective residents have with Indian Knoll Manor is by telephone. The telephone should be used only with a system of effective telephone techniques. The goals of all marketing efforts by telephone are to make an appointment with the prospective resident for a visit to Indian Knoll Manor. The tape for the answering machine that is used when the office is closed during the day should have marketing as its primary emphasis. The taped message should create a positive and welcoming impression of Indian Knoll Manor. 6. Visits Meetings with prospective residents must be handled based on a carefully planned and thought -out sequence of steps. However, each prospective resident must be met with a friendly, sincere and open manner, and must not be taken mechanically through the steps. The steps include completing the pre -app, qualifying the prospective resident, determining their needs and interests, and showing the available unit or units (not more • than three units should be shown). -19- MARKETING PROCESS (CONTINUED) • 8. Closing The most common mistake made by staff in losing a prospective resident is in not clearly asking them to rent the apartment. When the staff determines that a prospect would make a good resident, the staff must directly ask the prospect to rent and encourage them to begin the application process. 9. Follow Up . If a good prospective resident does not fill out an application when they visit the development, the staff will follow -up by letter and /or telephone, positively and politely encouraging them to consider Indian Knoll Manor further. 10. Tracking Results Determining the results of the various marketing efforts is the key to keeping the marketing program effective. Even a very effective marketing program will lose its impact over time if its results are not tracked, and if changes are not made to reflect changing circumstances. 11. Processing_ Applications How a prospective resident's application is taken and processed is the first experience that the prospective resident has with the way in which the management of Indian Knoll Manor is conducted. Applications must be processed properly and efficiently while keeping the process friendly and understandable for the prospective resident and while following all established policies and procedures for selecting and screening residents. If this is done, a strong, positive, lasting impression will be left with the prospective resident, which will reinforce the other marketing efforts. 12. Waiting Lists One of the most important goals of the marketing program is to develop a waiting list for each size of unit. Once a prospective resident goes on a waiting list, they must be contacted at least every six months to confirm their continuing interest in Indian • Knoll Manor. For each size of unit, enough applications must be processed to cover the next six months of turnover for that size of unit. Monthly contact must then be made with processed applicants to update them on the availability of units and to keep track of any changes in their circumstances., This approach will ensure that as soon as a current resident gives notice to vacate, a new resident is ready to give notice where they presently live and move into Indian Knoll Manor. 11. Support Efforts In addition to direct marketing efforts, various other on -going efforts are equally important to the long -term success of Indian Knoll Manor marketing program. These other efforts include maintaining a high level of management and maintenance services to residents, involving residents positively and productively in management of Indian Knoll Manor, and presenting a positive and attractive image of the development to the community in which it is located. • -20- • MOUND HOUSING AND REDEVELOPMENT AUTHORITY INDIAN KNOLL MANOR APARTMENTS 2020 COMMERCE BLVD. MOUND, MINNESOTA 55364 MEMORANDUM November 21, 2012 To: HRA Board Chair and Commissioners From: Kandis Hanson, Executive Director Catherine Pausche, Finance Director /Treasurer Re: Common Bond Management Agreement Extension for the period January 1, 2013 through December 31, 2013 Staff is recommending an one -year extension to our current Property Management Services Agreement for Indian Knoll Manor with Common Bond Communities. Common Bond took over management in May of 2011. Staff will be discussing why they are recommending to stay with Common Bond Communities at Tuesday's HRA meeting. Common Bond Communities continues to be a leader in affordable housing and has a local presence in the area. They currently manage affordable housing projects in Mound, Excelsior and Maple Plain, in addition to Indian Knoll Manor. Please feel free to let Catherine know if you have any questions at (952)472 -0633. • -21- MANAGEMENT AGREEMENT BETWEEN MOUND HOUSING AND 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 3anuary 1, 2013 to December 31, 2013 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 REDEVELOPMENT AUTHORITY • • • -22- 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 -23- into all necessary or desirable service contracts in respect to the repair and operation of the Premises, including without limitation contracts for is 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 any 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; • -24- 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, REAL, 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 -25- 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. r� u -26- S. Assignment. The Agent may not assign this Agreement without • the prior written consent of the Board of Commissioners. Subject 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 -27- 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 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 HRH'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. • 'Yesll 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. • -30- • 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: Kandis Hanson Its: EXECUTIVE DIRECTOR Date: • By: AGENT: Common Bond Communities Its: Date: • -31- Indian Knoll Manor Apartments Proposed 2013 Operating Budget - Excluding Capital Grant /Expenses Account HRA Account Description Approved Actual Approved 10/31/12 Proposed • 2011 Bud 2011 2012 Bud YTD Actual 2013 Bud 38100 Dwelling Rental 136,800 118,608 133,000 98,730 120,000 38110 Excess Utility Charges to Tenants 500 280 500 40 500 33100 Federal Grant - Operating 116,000 106,250 106,000 96,042 118,000 33105 Federal Grant - Capital 0 45,967 0 15,257 0 36200 Miscellaneous Revenue 1,200 6,689 0 18,262 1,800 36210 Interest Earnings 0 18 0 5 0 331 Total Revenues 254,500 277,812 239,500 228,336 240,300 Salaries Tenant Services 475 Tenant Contact Services 1,200 1,686 1,500 1,309 2,100 Subtotal Tenant Services 1,200 1,686 1,500 1,309 2,100 382 Payroll & Benefits 18,000 19,812 18,000 14,679 20,000 1xx Employee Benefits Administrative 10,645 3,251 6,600 4,176 6,600 116 Accrued Absenses - Administration 15,000 17,230 20,000 10,504 14,000 101 Manager Payroll 25,024 14,041 20,000 14,812 20,000 304 Legal Expense 2,500 0 1,000 0 1,000 434 Staff Training 2,000 0 0 0 0 331 Travel 500 238 500 180 500 321 Telephone and Cells 2,900 2,865 3,500 2,453 3,000 301 Accounting Fees 3,000 3,571 1,100 355 0 301 Auditing Fees 5,000 5,000 4,500 5,000 4,500 Subtotal Admin 51,569 28,966 37,200 26,976 35,600 Sundry- Administrative 202 Copies & Copier 1,900 1,538 600 122 500 200 & 203 Printed Forms /Office Supplies 200 582 200 261 300 • 205 Computer Hardware /Software 0 1,415 0 0 0 210 Operating Supplies 3,000 2,295 2,500 324 2,500 300 Professional Services 200 65 200 2,367 200 322 Postage 300 281 300 101 200 331 Use of Personal Auto 600 0 0 0 0 340 Advertising 100 223 0 0 500 430 Miscellaneous 500 575 500 159 500 431 Meeting Expense 200 0 200 0 200 433 Dues and Subscriptions 300 0 0 0 0 Subtotal Sundry 7,300 6,975 4,500 3,333 4,900 307/310 Administrative Services Contracts 30,000 33,640 36,000 23,815 31,680 Salaries Tenant Services 475 Tenant Contact Services 1,200 1,686 1,500 1,309 2,100 Subtotal Tenant Services 1,200 1,686 1,500 1,309 2,100 382 Water 18,000 19,812 18,000 14,679 20,000 381 Electricity 24,000 24,697 20,000 16,286 20,000 383 Gas 15,000 17,230 20,000 10,504 14,000 - Fuel 0 0 0 0 0 386 Other Utility Expense (Mediacom) 0 0 0 0 0 384 Garbage Removal 3,000 2,869 3,200 2,204 3 Subtotal Utilities 60,000 64,607 61,200 43,673 57,000 • -32- Indian Knoll Manor Apartments Proposed 2013 Operating Budget - Excluding Capital Grant /Expenses • Account Approved Actual Approved 10/31/12 Proposed HRA Account Description 2011 Bud 2011 2012 Bud YTD Actual 2013 Bud Labor Maintenance & Operation Protective Services 185 Maintenance Labor 20,000 10,773 18,000 9,268 15,000 1xx Employee Benefits Maintenance 5,000 1,676 6,000 1,440 3,000 116 Accrued Absenses- Maintenance 6,500 • 438 Payments in Lieu of Taxes 480 Collection Loss 4,000 1,000 3,105 0 4,000 1,000 220 Materials 5,000 14,502 8,000 5,606 8,000 240 Minor Equipment & Tools (Applicances) 2,500 2,022 2,500 2,552 3,000 440 Contract Costs 15,000 17,851 16,000 15,272 18,000 401 Building Repairs 10,000 29,999 10,000 9,606 12,000 402 Building Maintenance 15,000 23,002 15,000 10,060 15,000 460 Janitorial 8,152 9,926 8,200 8,267 9,000 465 Caretaker /Light Maintenance 5,400 3,600 5,400 0 5,400 500 Capital Expend itures/Dep r 92,167 46,200 45,315 46,200 Subtotal Maintenance 86,052 205,518 135,300 107,386 134,600 Labor Protective Services 0 0 0 0 0 Subtotal Protective Svices 361 Insurance 7,800 4,748 5,000 6,457 6,500 • 438 Payments in Lieu of Taxes 480 Collection Loss 4,000 1,000 3,105 0 4,000 1,000 130 0 4,000 1,000 Subtotal Ins, Taxes, Other 12,800 7,853 10,000 6,587 11,500 Total Operting Expenses 248,921 349,245 285,700 213,078 277,380 Change in Net Assets 5,579 (71,433) (46,200) 15,258 (37,080) • -33- PHA Board Resolution U.S. Department of Housing OMB No. 2577 -0026 Approving Operating Budget and Urban Development (exp.12/31/2012) Office of Public and Indian Housing - Real Estate Assessment Center (PIH -REAC) Public reporting burden for this collection of information is estimated to average 10 minutes per response, including the time for reviewing instructions, searching existing sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not require complete this form, unless it displays a currently valid OMB control number. This information is required by Section 6(c)(4) of the U.S. Housing Act of 1937. The information is the operating budget for the low- income public housing program and provides a summary of the proposed /budgeted receipts and expenditures, approval of budgeted receipts and expenditures, and justification of certain specified amounts. HUD reviews the information to determine if the operating plan adopted by the public housing agency (PHA) and the amounts are reasonable, and that the PHA is in compliance with procedures prescribed by HUD. Responses are required to obtain benefits. This information does not lend itself to confidentiality. PHA Name: Mound Housing and Redevelopment Authority PHA Code: MN074 PHA Fiscal Year Beginning: January 1, 2013 Board Resolution Number: Acting on behalf of the Board of Commissioners of the above -named PHA as its Chairperson, I make the following certifications and agreement to the Department of Housing and Urban Development (HUD) regarding the Board's approval of (check one or more as applicable): DATE ® Operating Budget approved by Board resolution on: ❑ Operating Budget submitted to HUD, if applicable, on: ❑ Operating Budget revision approved by Board resolution on: ❑ Operating Budget revision submitted to HUD, if applicable, on: I certify on behalf of the above -named PHA that: 1. All statutory and regulatory requirements have been met; November 27, 2012 2. The PHA has sufficient operating reserves to meet the working capital needs of its developments; 3. Proposed budget expenditure are necessary in the efficient and economical operation of the housing for the purpose of serving low- income residents; 4. The budget indicates a source of funds adequate to cover all proposed expenditures; 5. The PHA will comply with the wage rate requirement under 24 CFR 968.110(c) and (f); and 6. The PHA will comply with the requirements for access to records and audits under 24 CFR 968.110(i). I hereby certify that all the information stated within, as well as any information provided in the accompaniment herewith, if applicable, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012.31, U.S.C. 3729 and 3802) Print Board Chairperson's Name: Signature: Date: Mark Hanus 11/27/12 -34- Previous editions are obsolete form HUD -52574 (08/2005) • • • Civil Rights Certification U.S. Department of Housing and Urban Development Office of Public and Indian Housing Expires 4/30/2011 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 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. Mound Housing and Redevelopment Authority MN074 PHA Name PHA Number/HA 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 p rosecute false claims and statements. Conviction may result in criminal and/or civil penalties. 18 U.S.C. 1001, 1010,1012; 31 U.S.C. 3729, 3802 Name of Authorized Official Mark Hanus Title HRA Board Chairperson Signature D 11/27/12 -35- form HUD - 50077 -CR (1/2009) OMB Approval No. 2577 -0226 OMB Approval No. 2577 -0157 (Exp. 01131/2014 Certification of Payments U.S. Department of Housing and Urban Development to Influence Federal Transactions Office of Public and Indian Housing Mound Housing and Redeve lopment A uthority - Applicant Name P H ousing Program /Activity Receiving Federal Grant Funding The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connec- tion with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all 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. r I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and /or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) Name of Authorized Official Mark Hanus HRA Board Chairperson 11/27/2012 Previous edition is obsolete form HUD 50071 (3/98) Title KC14 ref. Handbooks 7417.1, 7475.13, 7485.1, & 7485.3