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2014-12-09 HRA Agenda PacketPLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS. AGENDA MOUND HOUSING & REDEVELOPMENT AUTHORITY REGULAR MEETING TUESDAY, DECEMBER 9, 2014 6:30 P.M. MOUND CITY COUNCIL CHAMBERS Page 1. Open meeting 2. Action approving agenda, with any amendments 3. Action approving minutes: Nov 25, 2014 regular meeting 1 4. Action approving payment of claims 2 -5 5. Jess Menton, Regional Manager, and Abbie Hemmelgarn, Senior Property Manager, for Common Bond Communities, reporting on Indian Knoll operations and taking questions from the Board. 6. Catherine Pausche, Director of Finance and Administration, 6 -16 requesting action on a Resolution Authorizing the Execution and Delivery of a Management Agreement with Common Bond Communities for the period January 1, 2015 through December 31, 2015 7. Catherine Pausche, Director of Finance and Administration, requesting action on the following: A. Action on a Resolution Approving the PHA 5 -Year and Annual 17 -36 Plan for 2015 B. Action on a Resolution Approving the IKM Operating Budget 37 -40 for 2015 8. Adjourn MOUND HOUSING AND REDEVELOPMENT AUTHORITY November 25, 2014 The Mound Housing and Redevelopment Authority in and for the City of Mound, Minnesota, met in regular session on Tuesday, November 25, 2014, at 6:55 p.m. in the council chambers of the Centennial Building. Members present: Chair Mark Hanus, Commissioners Ray Salazar, Mark Wegscheid, Heidi Gesch Members absent: Commissioner Kelli Gillispie Others present: Executive Director Kandis Hanson, Community Development Director Sarah Smith, Administrative Assistant Mary Mackres, City Engineer Dan Faulkner, Director of Public Works Carlton Moore, Consultant Planner Rita Trapp, City Attorney Melissa Manderschied, Jim Bedell, Barry Robbins, Kelvin Retterath, Katie Morford. 1. Open meeting Chair Mark Hanus called the meeting to order at 6:56 p.m. 2. Approve agenda MOTION by Salazar, seconded by Gesch, to approve the agenda. All voted in favor. Motion carried. 3. Approve minutes MOTION by Salazar, seconded by Wegscheid, to approve the minutes of the November 12, 2014 rescheduled regular meeting. All voted in favor. Motion carried. 4. Approve claims MOTION by Salazar, seconded by Wegscheid, to approve the claims in the amount of $12,070.57. All voted in favor. Motion carried. Salazar requested to change the reference of "holiday season" to "Christmas" in agenda item number 5. MOTION by Salazar, seconded by Wegscheid, to approve the request, as amended, to cancel the December 23, 2014 meeting. All voted in favor. Motion carried. 6. Adiourn MOTION by Gesch, seconded by Wegscheid, to adjourn at 6:58 p.m. All voted in favor. Motion carried. Attest: Catherine Pausche, Clerk 0 Chair Mark Hanus YEAR BATCH NAME AMOUNT 2014 120914COMBND $2,627.33 120914HRA $7,404.17 TOTAL 1 1 1 -2- Pre - Written Check $0.00 Checks to be Generated by the Computer $2,627.33 Total $2,627.33 -3- CITY OF MOUND 12103/14 3:49 PM Page 1 Payments Current Period: December 2014 Batch Name 120914COMBND User Dollar Amt $2,627.33 Payments Computer Dollar Amt $2,627.33 $0.00 In Balance Refer, 11 COMMON BOND COMMUNITIES _ Cash Payment E 680- 49800 -101 F T Empl Regular PR 2 -20 -14 MGR SALARY $839.27 Invoice 1449022 11/28/2014 Cash Payment E 680 - 49800 -111 Other IKM Maint PR 2 -20 -14 MTCE SALARY $791.82 Invoice 1449028 11/28/2014 Cash Payment E 680- 49800 -122 FICA PR 2 -20 -14 MGR ER TAX $60.24 Invoice 1449023 11128/2014 Cash Payment E 680- 49800 -130 Employer Paid Ins (GEN PR 2 -20 -14 MTCE ER TAX & INSURANCE $166.76 Invoice 1449029 11/28/2014 Cash Payment E 680 - 49800 -131 Employer Paid Health PR 2 -20 -14 MGR ER INS- BENEFITS $193.98 Invoice 1449024 11/28/2014 Cash Payment E 680 - 49800 -121 PERA PR 2 -20 -14 MGR ER 401K MATCH $33.40 Invoice 1449025 11/28/2014 Cash Payment E 680 -49800 -130 Employer Paid Ins (GEN PR 2 -20 -14 MTCE ER 401 K MATCH $28.10 Invoice 1449031 11/28/2014 Cash Payment E 680- 49800 -103 Part-Time Employees PR 2 -20 -14 CARETAKER SALARY $461.20 Invoice 1449026 11/28/2014 Cash Payment E 680 - 49800 -122 FICA PR 2 -20 -14 CARETAKER ER TAX $43.08 Invoice 1449027 11/28/2014 Cash Payment E 680 -49800 -430 Miscellaneous AMERIPRIDE UNIFORMS 10 -14 $9.48 Invoice 1449033 11/26/2014 Transaction Date 12/3/2014 Wells Fargo HRA 10120 Total $2,627.33 Fund Summary 10120 Wells Fargo HRA 680 HRA PUBLIC HOUSING $2,627.33 $2,627.33 Pre - Written Check $0.00 Checks to be Generated by the Computer $2,627.33 Total $2,627.33 -3- Invoice 163671 11/22/2014 Transaction Date 12/3/2014 Wells Fargo HRA 10120 Total _Refer 8 THYSSEN -KRUPP ELEVATOR COR _ Cash Payment E 680- 49800 -440 Other Contractual Servic ELEVATOR MTCE 12 -1 -14 THRU 2 -28 -15 IKM Invoice 3001433049 12/1/2014 Transaction Date 12/3/2014 Wells Fargo HRA 10120 Total Refer 9 WILMAR - $26.99 $532.68 $532.68 Cash Payment E 680- 49800 -210 Operating Supplies BELT PKG ASSEMBLY, 12" BRUSH ROLL IKM $35.52 Invoice 323534420 11/12/2014 -4- CITY OF MOUND 12/03/14 3:41 PM Page 1 Air \ Payment8 RWIDI Current Period: December 2014 Batch Name 120914HRA User DollarAmt $7,404.17 Payments Computer Dollar Amt $7,404.17 $0.00 In Balance Refer 1 ALPHA RUG AND CARPET CLEANI _ _ Cash Payment E 680 - 49800 -402 Building Maintenance 2 INSPECTIONS, 2 -DAY RENTAL OF TURBO $150.00 FAN- IKM 11 -22 TO 11 -24 -14 Invoice 2896 11/24/2014 Transaction Date 12/3/2014 Wells Fargo HRA 10120 Total $150.00 Refer 2 CENTER-POINT ENERGY(MINNEG _ Cash Payment E 680 - 49800 -383 Gas Utilities GAS SERVICE 10 -20 -14 THRU 11 -20 -14 IKM $1,967,00 Invoice 12092014 11121/2014 Transaction Date 12/2/2014 Wells Fargo HRA 10120 Total $1,967.00 Refer 3 CUTTING EDGE PROPERTY MTCE,_ Cash Payment E 680 - 49800 -440 Other Contractual Servic FALL CLEAN UP 10 -21 -14 $275.00 Invoice 42083 10/31/2014 Cash Payment E 680 - 49800 -440 Other Contractual Servic GROUNDS MTCE 10/7 & 10/21/14 $150.00 Invoice 42083 10/31/2014 Transaction Date 12/3/2014 Wells Fargo HRA 10120 Total $425.00 Refer 4 HD SUPPLY_F_ACILITIES MAINTEN - Cash Payment E 680- 49800 -220 Repair /Maint Supply MILLWORK SLAB, ADHESIVE CASE, PULL $260.00 CHAINS, PLUMBING AERATOR, BULBS, DRIP BOWLS, SMOKE ALARM, RECEPT PLATES, DRAWER GUIDES Invoice 9133858953 11/2012014 Transaction Date 12/3/2014 Wells Fargo HRA 10120 Total $260.00 Refer 5 MOUND, CITY OF _ Cash Payment E 680 - 49800 -382 Water Utilities WATER SVC 10 -1 -14 THRU 11 -3 -14 IKM $1,961.79 Invoice 12092014 11/20/2014 Transaction Date 12/6/2014 Wells Fargo HRA 10120 Total $1,961.79 Refer 6 MULTIHOUSING CREDIT CONTRO _ Cash Payment E 680 - 49800 -475 Tenant Related Services PROSPECTIVE IKM TENANT BACKGROUND $55.00 CHECKS SEPT 2014 Invoice 14100347 10/31/2014 Transaction Date 12/3/2014 Wells Fargo HRA 10120 Total $55.00 Refer 7 SUN PATRIOT NEWSPAPER -CITY _ Cash Payment E 680 - 49800 -430 Miscellaneous IKM ANNUAL & 5 YR PLAN ADOPTION- $26.99 LEGAL NOTICE PUB 11 -22 -14 Invoice 163671 11/22/2014 Transaction Date 12/3/2014 Wells Fargo HRA 10120 Total _Refer 8 THYSSEN -KRUPP ELEVATOR COR _ Cash Payment E 680- 49800 -440 Other Contractual Servic ELEVATOR MTCE 12 -1 -14 THRU 2 -28 -15 IKM Invoice 3001433049 12/1/2014 Transaction Date 12/3/2014 Wells Fargo HRA 10120 Total Refer 9 WILMAR - $26.99 $532.68 $532.68 Cash Payment E 680- 49800 -210 Operating Supplies BELT PKG ASSEMBLY, 12" BRUSH ROLL IKM $35.52 Invoice 323534420 11/12/2014 -4- CITY OF MOUND Payments Current Period: December 2014 Cash Payment E 680 -49800 -210 Operating Supplies C -FOLD TOWELS, MOP BUCKET, PAPER TOWELS, SPRAY BOTTLE, 2PLY TISSUE, BROOM, DEODORIZER Invoice 322839432 1113/2014 Transaction Date 12/3/2014 Wells Fargo HRA 10120 Total Refer XCEL ENERGY _1_0 Cash Payment E 680- 49800 -381 Electric Utilities ELECTRIC SVC 10 -22 -14 THRU 11 -22 -14 IKM Invoice 436170881 11/24/2014 Transaction Date 12/6/2014 Wells Fargo HRA 10120 Total Fund Summary 10120 Wells Fargo HRA 680 HRA PUBLIC HOUSING $7,404.17 $7,404.17 Pre - Written Check $0.00 Checks to be Generated by the Computer $7,404.17 Total $7,404.17 -5- 12103/14 3:41 PM Page 2 $239.58 $275.10 $1,750.61 $1,750.61 MOUND HOUSING AND REDEVELOPMENT AUTHORITY RESOLUTION NO. 14 -_H RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MANAGEMENT AGREEMENT WITH COMMON BOND COMMUNITIES FOR THE PERIOD JANUARY 1, 2015 THROUGH DECEMBER 31, 2015 WHEREAS, the Mound Housing and Redevelopment Authority of Mound, Minnesota (the "HRA ") owns and operates a 50 -unit low rent public housing project known as Indian Knoll Manor (the "Project') in the city of Mound; and WHEREAS, the HRA has requested the Common Bond Communities (the "Agent') to manage the Project pursuant to Minnesota Statutes, Section 471 .59, which provides that local governmental units may by agreement jointly or cooperatively exercise any powers common to them; and WHEREAS, the HRA proposes to enter into a management agreement with the Agent pursuant to which the Agent will manage the Project; and WHEREAS, the Board of Commissioners has been fully informed as to the nature and content of the proposed management agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Mound Housing and Redevelopment Authority, that the Chair and Executive Director of the HRA are authorized and directed to execute and deliver, on behalf of the HRA, a management agreement with the Agent as presented in Exhibit A and made a part herein. Adopted by the HRA this 9th day of December, 2014 Attest: Catherine Pausche, Clerk Mark Hanus 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, 2415 Wilshire Boulevard, 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 January 1, 2015 to December 31, 2015 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 -7- 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 SI 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 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; W 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 -10- 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 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. 5. 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. -11- 8. 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 -12- 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 -13- 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: 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 and Davis Bacon Laws. 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 HRA's right to exercise that or any other right or remedy at any time. 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 -14- 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. A representative of Common Bond Communities shall attend HRA Board meetings quarterly, or upon request. Common Bond shall prepare and submit a report to the HRA Board within 30 days of any HUD PHAS report that includes any deficiency issues. The report will include any causes and a plan to correct the deficiencies. 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. -15- IN WITNESS WHEREOF, the parties hereto intending to be legally bound hereby, have executed this Agreement of the day and year first above written. Mound Housing and Redevelopment Authority LA 92 Mark Hanus Its: BOARD CHAIR Kandis Hanson Its: EXECUTIVE DIRECTOR AGENT: Common Bond Communities Its: Date: � - -16- MOUND HOUSING AND REDEVELOPMENT AUTHORITY RESOLUTION NO. 14 -_H RESOLUTION APPROVING THE PHA 5 -YEAR AND ANNUAL PLAN FOR 2015 WHEREAS, the U.S. Department of Housing and Urban Development has agreed to provide operating and capital fund assistance to the HRA of the City of Mound, Minnesota, for the purpose of helping the HRA in carrying out capital and management activities at the Indian Knoll Manor Public Housing Development, and WHEREAS, the HRA of the City of Mound has previously approved a PHA Plan that is reviewed annually to determine if any amendments are necessary, and WHEREAS, the HRA of the City of Mound has previously approved a five year action plan for capital improvements at the Indian Knoll Public Housing Development that is updated annually on a rolling- basis, NOW THEREFORE, BE IT RESOLVED that the Mound Housing and Redevelopment Authority in and for the City of Mound does approve: 1) The PHA 5 -Year and Annual Plan as presented in Exhibit A and made a part herein. 2) The Capital Fund Program Annual Statement/Performance and Evaluation Report for 2013 and 2014 capital grants and the Capital Fund Program 5 -Year Action Plan for 2014 — 2018 as presented in Exhibit B and made a part herein. 3) The HUD Certifications that are required to be submitted with the PHA 5 -Year and Annual Plan as presented in Exhibit C and made a part herein. Adopted this 9th day of December, 2014. Attest: Catherine Pausche, Clerk -17- Chair Mark Hanus Exhibit A Page 1 of 2 PHA 5 -Year and U.S. Department of Housing and Urban OMB No. 2577 -0226 Development Expires 4/30/2011 Annual Plan Office of Public and Indian Housing 1.0 PRA Information MN074 PHA Name: Mound Housing and Redevelopment Authority PHA Code: PHA Type: I] Small ❑ High Performing ❑v Standard ❑ HCV (Section 8) PHA Fiscal Year Beginning: (MM /YYYY): 01/01/2015 2.0 Inventory (based on ACC units at time of FY beginning in 1.0 above) Number of PH units: 50 Number of HCV units: 3.0 Submission Type M 5 -Year and Annual Plan ❑ Annual Plan Only ❑ 5 -Year Plan Only 4'0 PHA Consortia ❑ PHA Consortia: (Check box if submitting ajoint Plan and complete table below,) No. of Units in Each PHA Program(s) Included in the Programs Not in the pro ram Participating PEAS Code Consortia Consortia PH HCV PHA 1: PHA 2: PHA 3: 5.0 5 -Year Plan. Complete items 5.1 and 5.2 only at 5 -Year Plan update. 5.1 Mission. State the PHA's Mission for serving the needs of low- income, very low- income, and extremely low income families in the PHA's urisdiction for the next five ears: T he the PHA is the same as that of the Department of Housing and Urban Development: To mission of promote adequate and affordable housing, economic opportunity, and a suitable living environment free from 5.2 Goals and Objectives. Identify the PHA's quantifiable goals and objectives that will enable the PHA to serve the needs of low- income and very low- income, and extremely low- income families for the next five years. Include a report on the progress the PHA has made in meeting the goals and objectives described in the previous 5 -Year Plan. 70 PHA Plan Update (a) Identify all PHA Plan elements that have been revised by the PHA since its last Annual Plan submission: There are no plan changes in so much as the HRA is committed to Indian Knoll Manor remaining affordable housing under the condition and terms that concern the tenants. The Mound HRA will consider a RAID conversion if approved to streamline administration of the program. (b) Identify the specific location(s) where the public may obtain copies of the 5 -Year and Annual PHA Plan - For a complete list of PHA Plan elements, see Section 6.0 of the instructions. Mound City Hall, 2415 Wilshire Boulevard, Mound, MN 55364 and Indian Knoll Manor Public Housing, 2020 Commerce Boulevard, Mound, MN 55364 7.0 Hope VI, Mixed Finance Modernization or Development, Demolition and /or Disposition, Conversion of Public Housing, Homeownership Programs, and Project -based Vouchers. Include statements related to these programs as applicable. 8.0 Capital Improvements. Please complete Parts 8.1 through 8.3, as applicable. Capital Fund Program Annual Staterma t/Performance and Evaluation Report. As par[ of the PHA 5 -Year and Annual Plan, annually 8.1 complete and submit the Capital Fund Program Annual StatemenoPerformance and Evaluation Report, form HUD - 50075.1, for each current and open CFP grant and CFFP financing. Capital Fund Program Five -Year Action Plan. As part of the submission of the Annual Plan, PHAs must complete and submit the Caprtal Fund 8.2 Program Five -Year Action Plan, form HUD - 50075.2, and subsequent annual updates (on a rolling basis, e.g., drop current year, and add latest year for a five year period). Large capital items must be included in the Five -Year Action Plan. 8.3 Capital Fund Financing Program (CFFP). ❑ Check if the PHA proposes to use any portion of its Capital Fund Program (CFP) /Replacement Housing Factor (RHF) to repay debt incurred to finance capital improvements. _1$_1 of 2 rorin nuv -ouorn, Iwauuol Exhibit A Page 2 of 2 9.0 Housing Needs. Based on information provided by the apint icani c Consolidated Plan, information provided by HUD, and other generally available low- income, very low - income, and extremely low- income families who reside in data, make a reasonable effort to identify the housing needs of the thejurisdietion served by the PHA, including elderly families, families with disabilities, and households of various races and ethnic groups, and other families who are on the public housing and Section 8 tenant -based assistance waiting lists. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. Indian Knoll Manor accommodates all eligible populations, but the small unit size dictates a maximum occupancy of 2 people for a 1 bedroom. 9.1 Strategy for Addressing Housing Needs. Provide a brief description of the PHA's strategy for addressing the housing needs of families in the and on the waiting list in the upcoming year, Note: Small, Section 8 only, and High Performing PHAs complete only for Annual jurisdiction Plan submission with the 5 -Year Plan. Mound HRA contracts with Common Bond for Property Management Services and applicants are referred to more suitable housing if they can not be accomodated at Indian Knoll Manor due to unit size. 10.0 Additional Information. Describe the following, as well as any additional information HUD has requested. (a) Progress in Meeting Mission and Goals. Provide a brief statement of the PHA's progress in meeting the mission and goals described in the 5- Year Plan. PHA has reduced vacancies since 2011 and actively maintains the wait list. PHA is focused on upgrading units to ensure a suitable living environment. The PHA has hired an on -site caretaker to further increase quality, security, and problem identification to improve the living condition of the residents. (b) Significant Amendment and Substantial Deviation/Modification. Provide the PHA's definition of "significant amendment" and "substantial deviation/modification" he Mound HRA has applied to become a Rental Assistance Demonstration Project. A contingent approval etter was received from HUD and the HRA will work toward meeting the additional requirements, including aving a Green Physical Needs Assessment performed, in anticipation of the cap being lifted. The Mound RA does not intend any resident to be displaced or relocated as a result of this effort. The objective is to treamline administration of the program and provide for alternative funding opportunities. Required Submission for HUD Field Office Review. ]n addition to the PHA Plan template (HUD - 50075), PHAs must submit the tollowmg documents. Items (a) through (g) may be submitted with signature by mail or electronically with scanned signatures, but electronic submission is encouraged. Items (h) through (i) must be attached electronically with the PHA Plan. Note: Faxed copies of these documents will not be accepted by the Field Office , (a) Form HUD - 50077, PHA Certifications of Compliance with the PHA Plans and Related Regulations (which includes all certifications relating to Civil Rights) (b) Form HUD - 50070, Cert f cation for a Drug -Free Workplace (PHAs receiving CFP grants only) (c) Form HUD - 50071, Certification of Payments to Influence Federal Transactions (PHAs receiving CFP grants only) (d) Form SF -LLL, Disclosure of Lobbying Activities (PHAs receiving CFP grants only) (e) Form SF- LLL -A, Disclosure of Lobbying Activities Continuation Sheet (PHAs receiving CFP grants only) H) Resident Advisory Board (R AB) comments. Comments received from the RAB must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the recommendations and the decisions made on these recommendations. (g) Challenged Elements (h) Form HUD - 50075.1, Capital Fund Program Annual StatemendPerformance and Evaluation Report (PHAs receiving CFP grants only) (i) Form HUD- 50075.2, Capital Fund Program Five-Year-Action Plan (PHAs receiving CFP grants only) .I.�.: 2 of 2 form HUD -50075 (4/2008) oA R,o or � � C pp � b 2 O m � �a � o O � xw 00 Q O U W CIO 0 x c N d ¢� �i 0 Wa T� C C E � w W U Y m ro Pte. 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I. The Plan is consistent Willi the applicable comprehensive housing affmclability strategy (or any plan incorporating such strategy) for the jurisdiction in which the PHA is located. 2. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable Consolidated Plan, which includes a certification that requires the preparation of an Analysis of Impediments to Fair Housing Choice, for the PHA's jurisdiction and a desa iption of the manner in which the PHA Plan is consistent with the applicable Consolidated Plan. 3. The PI IA certifies that there has been no change, significant or otherwise, to the Capital Fund Program (and Capital Fund Prograni/Replacement Housing Factor) Annual Statement(s), since submission of its last approved Annual Plan. The Capital Fund Program Annual Statement /Annual Statement /Performance and Evaluation Report must be submitted annually even if there is no change. 4. The PHA has established a Resident Advisory Board or I3oards, the membership of which represents the residents assisted by the PIIA, consulted with this Board of Boards in developing the Plan, and considered the recommendations of the Board or Boards (24 CFR 903.13). The PIIA has included in the Plan submission a copy of the recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations. 5. The PHA made the proposed Plan and all information relevant to tine public hearing available for public inspection at least 45 clays before the hearing, published a notice that a hearing would be held and conducted a hearing to discuss the Plan and invited public comment. 6. The PHA certifies that it will carry out the Plan in conformity with Title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 504 of the Rehabilitation Act of 1973, and title 11 of the Americans with Disabilities Act of 1990. 7. The PIIA will affirmatively further fair housing by examining their programs or proposed programs, identify any impediments to fair housing choice within those programs, address those impediments in a reasonable fashion in view of the I esources available and work with local jurisdictions to implement any of thejurisdietion's initiatives to affirmatively father fair housing that require the PHA's involvement and maintain records reflecting these analyses and actions. 8. For PI IA Plan that includes a policy for site based waiting lists: • The PIIA regularly submits required data to IIUD's 50058 PICAMS Module in an accurate, complete and timely manner (as specified in Pill Notice 2006 -24); • The system of site -based waiting lists provides for fill disclosure to each applicant in the selection of the development in which to reside, including basic information about available sites; and an estimate of the period of titre the applicant would likely have to wait to be admitted to units of different sizes and types at each site; • Adoption of site -based waiting list would not violate any court order or settlement agreement or be inconsistent with it pending complaint brought by HUD; • 'file PHA shall take reasonable measures to assure that such waiting list is consistent with affirmatively furthering fair housing; • The PHA provides for review of its site -based waiting list policy to determine if it is consistent with civil rights laws and certifications, as specified in 24 CFR part 903.7(c)(1). ). The PIIA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act of 1975. 10. '1 he P14A will comply with the Architectural Barriers Act of 1968 and 24 CFR Part 41, Policies and Procedures for the Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped. I I The PHA will comply with the requirements of section 3 of the Housing and Urban Development Act of 1965, Employment Opportunities for Low -or Very -Low Income Persons, and with its innplemcunin, regulation at 24 CFR Pat 135. Previous version is obsolete �'atiJE 1 of 2 form HUD -50077 (412008) Exhibit C Page 2 of 8 12. The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable. 13. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.105(a). 14. The PHA will provide the responsible entity or HUD any documentation that the responsible entity or HUD needs to carry out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58 or Part 50, respectively. 15. With respect to public housing the PHA will comply with Davis -Bacon or HUD determined wage rate requirements under Section 12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act. 16. The PHA will keep records in accordance with 24 CFR 85.20 and facilitate an effective audit to determine compliance with program requirements. 17. The PHA will comply with the Lead -Based Paint Poisoning Prevention Act, the Residential Lead -Based Paint Hazard Reduction Act of 1992, and 24 CFR Part 35, 18. The PHA will comply with the policies, guidelines, and requirements of OMB Circular No. A -87 (Cost Principles for State, Local and Indian Tribal Governments), 2 CFR Part 225, and 24 CFR Part 85 (Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments). 19. The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize covered grant funds only for activities that are approvable under the regulations and included in its Plan. 20. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is available for public inspection. All required supporting documents have been made available for public inspection along with the Plan and additional requirements at the primary business office of the PHA and at all other times and locations identified by the PHA in its PHA Plan and will continue to be made available at least at the primary business office of the PHA. 21. The PHA provides assurance as part of this certification that: (i) The Resident Advisory Board had an opportunity to review and comment on the changes to the policies and programs before implementation by the PHA; (ii) The changes were duly approved by the PHA Board of Directors (or similar governing body); and (iii) The revised policies and programs are available for review and inspection, at the principal office of the PHA during normal business hours. 22. The PHA certifies that it is in compliance with all applicable Federal statutory and regulatory requirements. M0Lc l'i Fi_4 (,j a`7Ll PHA Name PHA Number/HA Code V 5 -Year PHA Plan for Fiscal Years 20 1 - 20 1 q ti Annual PHA Plan for Fiscal Years 20 1 S - 20 ( S as well as any Name of Authorized Official Signature Title Date nerewnn, is o-ue sun accurate. warning: Previous version is obsolete -3Q,e 2 of 2 form HUD -50077 (4 /2008) Exhibit C Page 3 of 8 DISCLOSURE OF LOBBYING ACTIVITIES Approved by onaa Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348 -0046 Icon . a fnr nI Ihlir hl Irrlan rlioHns ire.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract I�a. bid /offer /application a. initial filing b. material change 'b. grant b. initial award c. cooperative agreement c. post -award For Material Change Only: J. loan year quarter e, loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name Prime ❑ subawardee and Address of Prime: Tier if known: M o i i4)i .2tfIS'WtL -5 itLD, Congressional District, if known: 4c Congressional District, if known: 6. Federal Department /Agency: 7. Federal Program NamelDescrtilption: Pv6Ltfr tlu bCS lnl (q CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: $ 10, a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, Ml): different from No. 10a) (last name, first name, Ml): A- 11, Inlormminn ronucs¢uf through this (ore is authorized by title 31 U.So, aeration fact Signature: 1352. IN, disclosure of lobbying activities is a material representation of upon which reliance was placed by the tier above whorl this transaction was he ado Print Name: or entered into. this disclosure Is required pursuant to 31 U.So. 1352. This iulvnnAien will an available for pubin ospuction. Any person who fails to file the ,ngtiired distlosere shall Ito subil'Y to o civil penally of net law Than j10000 and Title: not more Iran $100,000 for each see, unable. Telephone No.: Date: Authorized for Local Reproduction Federal Use Only: Standard Form LLL (Rev. 7 -97) -31- Exhibit C Page 4 of 8 INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the report ing entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employeeof a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and /or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 1 Identify the appropriateclassification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriateclassification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1 st tier. Subawards include but are not limited to subcontracts, subgrams and contract awards under grants. 5. If the organization filing the report in item 4 checks "S u bawa ruled, " the n enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizationallevel below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application /proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP -DE -90 -001:' 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award /loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his /her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348 -0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Managementand Budget, Paperwork Reduction Project (0348- 0046), Washington, DC 20503. -32- Certification of Payments to influence Federal Transactions Applicant Name NkbUtJd Program /Activity Receiving Federal Grant Funding OMB Approval No. 2577 -0157 (Exp. 31311201 U.S. Department of Housing and Urban Development Exhibit C Page 5 of 8 Office of Public and Indian Housing Pu_fbL L RZLsltJ c� 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 subrecipients 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. 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 Title ia ✓ p / � 9U (_'t(J A-iy{— ' -33- form HUD 50071 (3/98) Previous edition is obsolete ref. Handb000ks 7417.1, 7475.13, 7485.1, & 7485.3 Exhibit C Page 6 of 8 Certification for U.S. Department of Housing and Urban Development a Drug -Free Workplace Applicant Name Program /Activity Receiving federal Grant Funding t �1.S4s( LtA C-1C {i(SdrC7 Acting on behalf of the above named Applicant as its Authorized Official, I snake the following certifications and agreements to the Department of Housing and Urban Development (HUD) regarding the sites listed below: I certify that the above named Applicant will or will continue to provide a drug -free workplace by: a. Publishing a statement notifying employees that the un- lawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Applicant's work- place and specifying the actions that will be taken against employees for violation of such prohibition. b. Establishing an on -going drug -free awareness program to inform employees - -- (1) The dangers of drug abuse in the workplace; (2) The Applicant's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c_ Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph a.; d. Notifying the employee in the statement required by para- graph a. that, as a condition of employment under the grant, the employee will - -- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her convic- tion for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; e. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph d.(2) from an em- ployee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, includ- ing position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federalagency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; f. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph d.(2), with respect to any employee who is so convicted - -- (1) Taking appropriate personnel action against such a. employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfacto- rily in a drug abuse assistance or rehabilitation program ap- proved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; g. Making a good faith effort to continue to maintain a drug - free workplace through implementation of paragraphs a. turn f. 2, sites for Work Performance, The Applicant shall list (on separate pages) the site(s) for the performance of work done in connection with the HUD funding of the program /activity shown above: Place of Performance shall include the street address, city, county, State, and zip code. Identify each sheet with the Applicant name and address and the program /activity receiving grant funding.) Check here ❑ if there are workplaces on file that are not identified on the attached sheets. I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and /or civil penalties. (18 U.s.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) Name i Signature ISM -34- Date a form HUD -50070 (3/98) ref. Handbooks 7417.1, 7475.13, 7485.1 &.3 Exhibit C Page 7 of 8 CIVli R1gI1tS CCit1i1CSt10ri 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 of ifthere is no Board of Commissioner, I approve the submission ofthe 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. out DD 0 74 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 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 Title 6,0* , D % ( tP- Signature Date form HUD - 50077- CR(1/2009) -35- OMB Approval No. 2577 -0226 Exhibit C Page 8 of 8 Certification by State or Local U.S. Department of Housing and Urban Development official of PHA Plans Consistency Office of Public and Indian Housing with the Consolidated Plan Expires 4/30/2011 Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan 1 Sarah Smith Annual PHA Plan of the Hennepin County the CDD of the City of Mound certify that the Five Year and Mound HRA is consistent with the Consolidated Plan of prepared pursuant to 24 CPR Part 91. Signed / Dated by Appropriate State or Local Official form HUD-50077-SL (1/2009) -36- OMB Approval No. 2577 -0226 PHA Board Resolution OMB No. 2577 -0026 Approving Operating Budget (exp. 10/31/2009) U.S. Department of Housing and Urban Development Office of Public and Indian Housing Real Estate Assessment Center (PIH -REAC) Previous editions are obsolete form HUD -52574 (08/2005) Public reporting burden for this collection of information is estimated to average 10 minutes 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. This agency may not collect this information, and you are not required to 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 proposedlbudgeted 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: 1/01/1 Board Resolution Number: 14- H Acting on behalf of the Board of Commissioners of the above -named PHA as its Chairperson, I make the following certification 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 Budgets (for COCC and all Projects) approved by Board LJ 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; 12/9/2014 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 operating 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 968.325. 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. 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