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2013-10-08 HRA Agenda PacketPLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS. MOUND HOUSING & REDEVELOPMENT AUTHORITY REGULAR MEETING TUESDAY, OCTOBER 8, 2013 6:50 P.M. MOUND CITY COUNCIL CHAMBERS Page Open meeting 2. Action approving agenda, with any amendments Action approving September 24, 2013 regular meeting minutes 4. Action approving claims 2 -7 Catherine Pausche, HRA Treasurer, requesting action on a 8 -17 Resolution Approving the Capital Fund Program Amendment for Fiscal Year 2013, the 2013 Capital Fund Annual Statement, the Capital Fund Program Five Year Action Plan for 2013 -2017, and the Civil Rights Certification 6. Catherine Pausche, HRA Treasurer, requesting action on a 18 -28 Resolution Authorizing the Execution and Delivery of a Management Agreement with Common Bond Communities for the period January 1, 2014 through December 31, 2014 7. Adjourn MOUND HOUSING AND REDEVELOPMENT AUTHORITY SEPTEMBER 24, 2013 The Mound Housing and Redevelopment Authority in and for the City of Mound, Minnesota, met in regular session on Tuesday, September 24, 2013, at 6:55 p.m. in the council chambers of City Hall. Members present: Chair Mark Hanus; Commissioners Ray Salazar, Kelli Gillispie, Heidi Gesch and Mark Wegscheid Others present: City Manager Kandis Hanson, Finance Dir /Clerk/Treasurer Catherine Pausche, Community Development Director Sarah Smith, Public Works Director Carlton Moore, Dan Faukner, Allen Peterson, Sue Claire, Randy Johnson, K. Dressel, Bob Hanson, Hassan Afshar, Scott Hayes, Kayla Clement, Nancy Clement, Theresa Malloy, Robert Feriancek, Ana Colianni, Aileen Butterfield, Virginia Gardstrom, and Terry Maly 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 Gesch, to approve the minutes of the September 10, 2013 regular meeting. The following voted in favor: Hanus, Salazar, Gesch and Wegscheid. The following voted against: None. Gillispie abstained due to not being present. 4 Approve claims MOTION by Salazar, seconded by Gesch to approve the claims in the amount of $5,083.64. All voted in favor. Motion carried. 6. Adjourn MOTION by Salazar, seconded by Gesch to adjourn at 6:57 p.m. All voted in favor. Motion carried. Attest: Catherine Pausche, Clerk -1- Chair Mark Hanus 2013 2013 r. 1 oil AMU 100813 H RA -2- DOLLAR AMOUNT $10,161.12 $7,542.77 •• MOUND, MN 10/03/132:00 PM Transaction Date 10/3/2013 Page 1 Payments "now PHONE SERVICE IKM 9-13-13 THRU 10-12-13 CITY _0f __M__0Ll Current Period: October 2013 Wells Fargo HRA 10120 Total . . . . ... . .. N"a Batch Name 100813HRA User Dollar Amt $10,161.12 REPLACE GASKET & 2 0 RINGS #209-]KM Payments Computer Dollar Amt $10,161.12 $0.00 In Balance Wells Fargo HRA 10120 Total ,"I'll-, Refer 6 ALLIED WASTE -1— 111,1111-11 ­1 _111­11111 1111-- ­1111.1-11 ­111-111­111 Cash Payment E 680-49800-384 Refuse/Garbage Disposa GARBAGE SVCE SEPT 2013 IKM $227.97 Invoice 0894-003273740 8/25/2013 TO 1 BDR CONVERSION Transaction Date 1013/2013 Wells Fargo HRA 10120 Total 1 1 1 11 1­111­1111 $227.97 111- 1­111 11 ­1 ...... I - 11 "1 ­ "I'll" I— ­­ ­111-11111-1 - ­ 11 111111­­___ 111-11-1­ ­1 .,...,...._a. ., ­1 ",­-I'll" 11 "1 "1 Refer I CENTERPOINT ENERGY (MINNEG 1 11 Cash Payment E 680-49800-383 Gas Utilities GAS SERVICE 8-20 THRU 9-19 IKM $1,456.00 Invoice 10082013 9/19/2013 TAKE UP & INSTALL GLUE DIRECT CARPET, Transaction Date 9/25/2013 Wells Fargo HRA 10120 Total ­1 1­11 1-1-11111 ", 1­1­111-1111111 1 ­11 I'll— $1,456.00 11 1-1 _11­11- 11-111-11111 "1 1 1111-11.1--l-1-1­11 - -1-1 1­111 1 ­11111111 -1--l.­ ­ -11, I'll, Refer 6 CUTTING EDGE PROPERTY MTCE, 1- Cash Payment E 680-49800-440 Other Contractual Servic AUG 2013 WEEKLY GRASS CUTTING IKM $400.78 Invoice 32948 8/31/2013 Transaction Date 10/312013 Wells Fargo HRA 10120 Total Refer 7 FRED HOFF PAINTING Cash Payment E 680-49800-402 Building Maintenance PAINT WALLS & BATHROOM CEILING #212 IKM Invoice 287 9124/2013 Cash Payment E 680-49800-402 Building Maintenance PAINT WALLS & BATHROOM CEILING #214 IKM Invoice 287 9/24/2013 Cash Payment E 680-49800-402 Building Maintenance PAINT & PATCH WOMEN'S BATHROOM IKM Invoice 287 9/24/2013 Transaction Date 10/3/2013 Wells Fargo HRA 10120 Total Refer 2 FRONTIER/CITIZENS COMMUNICA Cash Payment E 680-49800-321 Telephone & Cells PHONE SERVICE IKM 9-13-13 THRU 10-12-13 Invoice 10082013 9/13/2013 Transaction Date 9/2712013 Wells Fargo HRA 10120 Total Refer 8 GARYS SEWER AND DRAIN Cash Payment E 680-49800-401 Building Repairs REPLACE GASKET & 2 0 RINGS #209-]KM Invoice 13299 9/2612013 Transaction Date 10/3/2013 .... "I'll I Wells Fargo HRA 10120 Total ,"I'll-, -.111, 111111-1111-11 111, 1-111-11-1 - I'llm...._,1- -, .111111 1111­1111­1­1 '', Refer 9 GENEALLENDESIGN -1— 111,1111-11 ­1 _111­11111 1111-- ­1111.1-11 ­111-111­111 Cash Payment E 680-49800-500 Capital Outlay FA HOURLY DESIGN, CONSULTATION-STUDIO TO 1 BDR CONVERSION Invoice 3491 9/3012013 Project CF12 Transaction Date 10/3/2013 Wells Fargo HRA 10120 Total Refer 10 HAMERNICK DECORATING COMP Cash Payment E 680-49800-402 Building Maintenance TAKE UP & INSTALL GLUE DIRECT CARPET, INSTALL VINYL & BASE- IKM #304 Invoice CG308265 8/2812013 Transaction Date 1013/2013 Wells Fargo HRA 10120 Total Refer_ 11 HD SUPPLY FACILITIES MAtNTEN Cash Payment E 680-49800-210 Operating Supplies 55-60 GAL TRASH LINERS- IKM Invoice 9124903423 9113/2013 -3- $400.78 $163.35 $220.95 $250.00 $634.30 $261.85 $261.85 $116.23 $116.23 $180.00 $180.00 $739.77 $739.77 $69.42 MOUND, MN 10/03/132:00 PM Page 2 % Payments i CITY OF MOUND Current Period: October 2013 � v. M,� Cash Payment E 680 - 49800 -220 Repair /Maint Supply 4' ONE -LIGHT UNDERCABINET FIXTURE $76.93 Invoice 9121549594 4/8/2013 _- E 680 - 49800 -381 Electric Utilities Invoice 0489719982 9/25/2013 Transaction Date 10/3/2013 Wells Fargo HRA 10120 Total $146.35 Refer 16 KLEPPINGER,DEBRA _ Cash Payment G 680 -22830 Security Deposits -Tenant SECURITY DEPOSIT REFUND -IKM #214- D. $305.00 KLEPPINGER Invoice 10082013 9/11/2013 Cash Payment G 680 -22833 Security Deposit - Interest SECURITY DEPOSIT INTEREST -IKM #214- D. $3.06 KLEPPINGER Invoice 10082013 9/11/2013 Gash Payment R680-49800-38100 Dwelling Rental BAL AUGUST RENT DUE -IKM #214- D. - $116.00 KLEPPINGER Invoice 10082013 9/11/2013 Transaction Date 10/3/2013 Wells Fargo HRA 10120 Total $192.06 _Refer 12 LEVEL ONE CORE LEASING SOLO - -- - _- Cash Payment E 680 - 49800 -475 Tenant Related Services SEPT CALL CENTER MTCE PLAN & ROLL $151.00 OVER PHONE NUMBER IKM Invoice 0351829 9/1/2013 Transaction Date 10/312013 Wells Fargo HRA 10120 Total $151.00 Refer 4 MOUND, CITY OF _ Cash Payment E 680 - 49800 -382 Water Utilities WATER SVC 8 -1 -13 THRU 9 -3 -13 IKM $2,352.50 Invoice 10082013 9/20/2013 Transaction Date 9/27/2013 Wells Fargo HRA 10120 Total $2,352.50 Refer 13 MULTIHOUSING CREDIT CONT_RO Cash Payment E 680 - 49800 -475 Tenant Related Services PROSPECTIVE IKM TENANT BACKGROUND $20.00 CHECKS AUG 2013 Invoice 13080375 8/3112013 Cash Payment E 680 - 49800 -475 Tenant Related Services PROSPECTIVE IKM TENANT BACKGROUND $40.00 CHECKS JULY 2013 Invoice 13070365 7/31/2013 Transaction Date 10/3/2013 Wells Fargo HRA 10120 Total $60.00 Refer 14 OFFICE DEPOT - IKM _ Cash Payment E 680 - 49800 -200 Office Supplies PAPER SHREDDER, LAMINATOR & $106.84 POUCHES Invoice 675634529001 9/13/2013 Transaction Date 10/3/2013 Wells Fargo HRA 10120 Total $106.84 Refer 15 WILMAR _ Cash Payment E 680- 49800 -210 Operating Supplies CLEANING SUPPLIES- WINDOW WASHER, $172.59 ODOR ELIMINATOR, URINAL BLOCKS Invoice 296627581 9/24/2013 Cash Payment E 680 - 49800 -210 Operating Supplies Invoice 295250344 9/4/2013 Transaction Date 10/312013 Refer - - -� 3 XCEL ENERGY Cash Payment _- E 680 - 49800 -381 Electric Utilities Invoice 0489719982 9/25/2013 Transaction Date 9127/2013 FANS- UNIT #107 & #214 IKM Wells Fargo HRA 10120 Total ELECTRIC SERVICE 8 -24 THRU 9 -23 IKM Wells Fargo HRA 10120 Total KIM $136.80 $309.39 $2,826.08 $2,826.08 MOUND, MN 10/03/132:00 PM Page 3 / Payments CITY QF wt?UNIt-- Current Period: October 2013 Fund Summary 10120 Wells Fargo HRA 680 HRA PUBLIC HOUSING $10,161.12 $10,161.12 Pre - Written Checks $0.00 Checks to be Generated by the Computer $10,161.12 Total $10,161.12 -5- Invoice 1211371 916/2013 Cash Payment E 680- 49800 -131 Employer Paid Health MOUND, MN 10/02/133:05 PM Invoice 1211354 9/6/2013 Page 1 Cash Payment E 680 - 49800 -121 PERA Payments $35.59 Invoice 1211355 9/6/2013 CITY OF MOUND E 680 - 49800 -321 Telephone & Cells OFFICE CELL PHONE ALLOWANCE 9 -6 -13 $25.18 Invoice 1211356 Current Period: October 2013 Cash Payment E 680 - 49800 -103 Part-Time Employees PAYROLL 9 -6 -13 JANITOR SALARY Batch Name 1008COMBOND User Dollar Amt $7,542.77 Payments Computer Dollar Amt $7,542.77 PAYROLL 9 -6 -13 MTCE ER 401 K MATCH $22.83 Invoice 1211372 $0.00 In Balance Refer 1 COMMON BOND COMMUNITIES_ _ E 680 - 49800 -321 Telephone & Cells Cash Payment E 680- 49800 -101 F T Empi Regular PAYROLL 9 -6 -13 OFFICE SALARY $1,009.71 Invoice 121.1352 9/612013 Cash Payment E 680 - 49800 -122 FICA Cash Payment E680-49800-111 Other IKM Maint PAYROLL 09 -6 -13 MTCE SALARY $646.20 Invoice 1211369 9/6/2013 Cash Payment E 680 - 49800 -130 Employer Paid Ins (GEN Cash Payment E 680- 49800 -122 FICA PAYROLL 9 -6 -13 OFFICE ER TAX $7150 Invoice 1211353 9/6/2013 Invoice 1211360 9/6/2013 Cash Payment E 680 -49800 -130 Employer Paid Ins (GEN PAYROLL 9 -6 -13 MTCE ER TAX & $258.57 E 680- 49800 -111 Other IKM Maint PAYROLL 09 -6 -13 ON -CALL MTCE SALARY INSURANCE Invoice 1211359 Invoice 1211371 916/2013 Cash Payment E 680- 49800 -131 Employer Paid Health PAYROLL 9 -6 -13 OFFICE ER INSURANCE $105.37 Invoice 1211354 9/6/2013 Cash Payment E 680 - 49800 -121 PERA PAYROLL 9 -6 -13 OFFICE ER 401K MATCH $35.59 Invoice 1211355 9/6/2013 Cash Payment E 680 - 49800 -321 Telephone & Cells OFFICE CELL PHONE ALLOWANCE 9 -6 -13 $25.18 Invoice 1211356 9/6/2013 Cash Payment E 680 - 49800 -103 Part-Time Employees PAYROLL 9 -6 -13 JANITOR SALARY $391.13 Invoice 1211357 9/6/2013 Cash Payment E 680 - 49800 -121 PERA PAYROLL 9 -6 -13 MTCE ER 401 K MATCH $22.83 Invoice 1211372 9/61201.3 Cash Payment E 680 - 49800 -321 Telephone & Cells MTCE CELL PHONE ALLOWANCE 9 -6 -13 $14.13 Invoice 1211373 9/6/2013 Cash Payment E 680 - 49800 -122 FICA PAYROLL 9 -6 -13 JANITOR ER TAX $4229 Invoice 1211358 9/6/2013 Cash Payment E 680 - 49800 -130 Employer Paid Ins (GEN PAYROLL 9 -6 -13 ON -CALL MTCE ER TAX & $8.34 INSURANCE Invoice 1211360 9/6/2013 Cash Payment E 680- 49800 -111 Other IKM Maint PAYROLL 09 -6 -13 ON -CALL MTCE SALARY $80.08 Invoice 1211359 9/612013 Cash Payment E 680 - 49800 -121 PERA PAYROLL 9 -6 -13 ON -CALL MTCE ER 401K $2.78 MATCH Invoice 1211362 9/6/2013 Cash Payment E 680 - 49800 -321 Telephone & Cells ON -CALL MTCE CELL PHONE ALLOWANCE $2.10 9 -6 -13 Invoice 1211363 9/6/2013 Transaction Date 10/1/2013 Wells Fargo HRA 10120 Total $2,717.80 2 COMMON BOND COMMUNITIES _ _Refer Cash Payment E 680 - 49800 -430 Miscellaneous AMERIPRIDE MT /CT UNIFORMS 8 -13 $17.43 Invoice 1211376 - 9/6/2013 Cash Payment E 680 - 49800 -430 Miscellaneous ADP PROCESSING 9/13 $15.59 Invoice 1215895 9/30/2013 Cash Payment E 680- 49800 -135 Employer Health Care S BENEFITS CONSULTING 9/13 $12.05 Invoice 1215894 9/30/2013 Cash Payment E 680 - 49800 -322 Postage POSTAGE 9/13 $1.78 Invoice 1215893 9/30/2013 Cash Payment E 680- 49800 -307 Admin /Finance /Compute MGMT FEES 10113 $2,265.00 Invoice 1215891 9/30/2013 -6- MOUND, MN 10/02/13 3:05 PM '-�� Page 2 Payments CITY OF it 0__lJ _[i Current Period: October 2013 Transaction Date 10/1/2013 Wells Fargo HRA 10120 Total $2,311.85 Refer 3 COMMON BOND COMMUNITIES Cash Payment E 680 - 49800 -101 F T Empl Regular PAYROLL 9 -20 -13 OFFICE SALARY Invoice 1211377 9120/2013 E 680 - 49800 -121 PERA Cash Payment E 680 - 49800 -111 Other IKM Maint PAYROLL 09 -20 -13 MTCE SALARY Invoice 1211383 9/20/2013 Cash Payment E 680 - 49800 -122 FICA PAYROLL 9 -20 -13 OFFICE ER TAX Invoice 1211378 9/20/2013 Cash Payment E 680- 49800 -130 Employer Paid Ins (GEN PAYROLL 9 -20 -13 MTCE ER TAX & INSURANCE Invoice 1211385 9/20/2013 Cash Payment E 68049800 -131 Employer Paid Health PAYROLL 9 -20 -13 OFFICE ER INSURANCE Invoice 1211379 9/20/2013 Cash Payment E 680 - 49800 -121 PERA PAYROLL 9 -20 -13 OFFICE ER 401K MATCH Invoice 1211380 9/20/2013 Cash Payment E 680- 49800 -103 Part-Time Employees PAYROLL 9 -20 -13 JANITOR SALARY Invoice 1211381 9/20/2013 Cash Payment E 68049800 -121 PERA PAYROLL 9 -20 -13 MTCE ER 401K MATCH Invoice 121.1386 9/20/2013 Cash Payment E 680 - 49800 -122 FICA PAYROLL 9 -20 -13 JANITOR ER TAX Invoice 1211382 9/20/2013 Transaction Date 10/1/2013 Wells Fargo HRA 10120 Refer 4 COMMON BOND COMMUNITIES Cash Payment E 680 - 49800 -121 PERA Invoice 216293 9/30/2013 Cash Payment E 680 - 49800 -121 PERA Invoice 216404 9130/2013 Transaction Date 10/212013 Fund Summary 680 HRA PUBLIC HOUSING ADP 401 K ADMIN FEES 8/13 ADP 401K ADMIN FEES 9/13 Total Wells Fargo HRA 10120 Total 10120 Wells Fargo HRA Pre - Written Checks $0.00 Checks to be Generated by the Computer $7,542.77 Total $7,542.77 -7- $1,009.71 $612.00 $73.50 $255.18 $105.37 $35.59 $346.50 $21.64 $37.47 $2,496.96 $8.08 $8.08 $16.16 MEMORANDUM Date: October 3, 2013 To: HRA Board Chair and Commissoners From: Catherine Pausche, Finance Director /Treasurer Subject: Indian Knoll Manor Update HUD has announced capital grant awards for 2013 and I have attached the necessary documentation required to accept the award. As you will see, "Unit Upgrades" have been slated for the next several years. It is an option to amend this plan if other, more urgent needs come up, which is likely in the near future. A HUD Physical Needs Inspection has been scheduled for November 18, 2013. Our last inspection was January 3, 2012, and considerable cost goes into preparing for these inspections. A transfer from the capital fund to the operating fund may be necessary once costs are determined. In addition, capital funds can be used to pay for a Physical Needs Assessment that is required by HUD. Staff is in the process of trying to identify a suitable vendor to perform this assessment. In the near future, Staff will be requesting HUD's approval to turn the 16 studio units into one bedrooms. This is part of the "unit upgrades." One bedrooms are in higher demand and the rent subsidy is higher for one bedrooms compared to studios. The option to turn two studios into a two bedroom was cost prohibitive and HUD would have required a market demand study to justify. Common Bond has agreed to the same terms as the current management agreement for 2014. The process to do a voluntary conversion to project based Section 8 is a lengthy one and Staff recommends continuing our agreement with Common Bond until a solution to ownership can be achieved. The 2014 Indian Knoll Operating Budget will be brought forward at a November HRA meeting to allow for further assessment. Please let Catherine know if you have any questions regarding this matter at (952)472 -0633. in Affidavit of Publication State of Minnesota, County of Hennen pin. Keith P. Anderson, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER, Mound, Minnesota, and has full knowledge of the facts which are stated below: A.)The newspaper has complied with all the require- ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. / B.) The printed 1'✓GC7%Cj which is attached was cut from the columns of said newspaper, and was printed and published once each week for I successive weeks: It was ))first published Saturday, the�dayof /0, - .j 2013 and was thereafter printed/and published every Saturday, to and including Saturday, L the day of 2013 f Authorized Agent Subscribed and to me on this —2 day of ,worn G � 20 13 BY Notary PIItrire--' M�.y• i. rteue.8Ba4y'tlagF6V6d. NORMA R. CARSTENSEN NOTARY PUBLIC - MINNESOTA �a. ,.. My Comm. Exp. Jan. 31, 2014 p.n®a® Rate Information (1) Lowest classified rate paid by commercial users for com- parable space: $15.50 per inch. (2) Maximum rate allowed by law for above matter: $15.50. (3) Rate actually charged for above matter: $7.80 per inch. Each additional successive week: $5.40. in RESOLUTION NO 13- APPROVING THE CAPITAL FUND PROGRAM AMENDMENT FOR FISCAL YEAR 2013, THE 2013 CAPITAL FUND ANNUAL STATEMENT, THE CAPITAL FUND PROGRAM FIVE YEAR ACTION PLAN FOR 2013 - 20179 AND THE CIVIL RIGHTS CERTIFICATION WHEREAS, the U.S. Department of Housing and Urban Development has agreed to provide Capital Fund Program (CFP) assistance to the HRA of the City of Mound, Minnesota, for the purpose of helping the HRA in carrying out capital and management activities at the Indian Knoll Public Housing Development, and WHEREAS, the HRA of the City of Mound has previously approved a five year action plan for capital improvements at the Indian Knoll Public Housing Development, NOW THEREFORE, BE IT RESOLVED, The Board of the Mound Housing and Redevelopment Authority approves the following: 1) Capital Fund Program Amendment for Fiscal Year 2013, as presented in Exhibit A 2) 2013 Capital Fund Annual Statement, as presented in Exhibit B 3) Capital Fund Program Five Year Action Plan for 2013 — 2017, as presented in Exhibit C 4) Civil Rights Certification as presented in Exhibit D Adopted this 8'h day of October, 2013. Attest: Catherine Pausche, City Clerk -10- Mark Hanus, Mound HRA Chair 2013 Capital Fund Capital Fund Program U.S. Department of Housing (CFP) Amendment and Urban Development To The Consolidated Annual Contributions Office of Public and Indian Housing Contract (form HUD - 53012) HRA 7r THE C MOUND, Whereas, (Public Housing Authority) MINNESOTA MN074 (herein called the "PHA ") and the United States of America, Secretary of Housing and Urban Development (herein called "HUD ") entered into Consolidated Annual Contributions Contract(s) ACC(s) Numbers(s) C -858 dated 6/3/1970 Whereas, HUD has agreed to provide CFP assistance, upon execution of this Amendment, to the PHA in the amount to be specified below for the purpose of assisting the PHA in carrying out capital and management activities at existing public housing developments in order to ensure that such developments continue to be available to serve low- income families. HUD reserves the right to provide additional CFP assistance in this FY to the PHA. HUD will provide a revised ACC Amendment authorizing such additional amounts. $ $37,706.00 for Fiscal Year 2013 to be referred to under Capital Fund Grant Number MN46PO7450113 PHA Tax Identification Number (TIN): On File DUNS Number: On File Whereas, HUD and the PHA are entering into the CFP Amendment Number Now Therefore, the ACC(s) is (are) amended as follows: Housing Ad of 1937, as amended, (the "Act ") and 48 month time period in t.The ACC(s) is (are) amended to provide CFP assistance in the amount which the PHA must expend this CFP assistance pursuant to section 90)(5) of specified above for capital and management activities of PHA developments, the Act starts with the effective date of this CFP amendment (the date on which This amendment is a part of the ACCS). CFP assistance becomes available to the PHA for obligation). Any additional CFP assistance this FY will start with the same effective date. 2. The capital and management activities shall be carried out in accordance with all HUD regulations and other requirements applicable to the Capital Fund Program. 3. (Check one) a. For Non - qualified PHAs: (i) In accordance with the HUD regulations, the Annual PHA Plan has been adopted by the PHA and approved by HUD, and may be amended from time to time. The capital and management activities shall be carried out as described in the CFP Annual Statement/Performance and Evaluation Report (HUD- 50075.1). OR (ii) If the Annual PHA Plan has not been adopted by the PHA and approved by HUD, the PHA may use its CFP assistance under this contract for work items contained in its CFP- Five -Year Action Plan (HUD- 50075.2), before the Annual PHA Plan is approved. b. For Qualified PHAs: _(l) The CFP Annual Statement/Performance and Evaluation Report (HUD - 50075.1) has been adopted by the PHA and verified by HUD. The capital and management activities shall be carried out as described therein. OR (ii) If the CFP Annual Statement/Performance and Evaluation Report has not been adopted by the PHA and /or verified by HUD, the PHA may use its CFP assistance under this contract for work Hems contained in its approved CFP 5 -Year Action Plan (HUD- 50075.2), before the CFP Annual Statement/Performance and Evaluation Report is adopted by the PHA and verified by HUD. For cases where HUD has approved a Capital Fund Financing Amendment to the ACC (CFF Amendment attached), HUD will deduct the payment for amortization scheduled payments from the grant immediately on the effective date of this CFP Amendment. The payment of CFP funds due per the amortization schedule will be made directly to a designated trustee (Trustee Agreement attached) within 3 days of the due date. Regardless of the selection above, the 24 month lime period in which the PHA must obligate this CFP assistance pursuant to section 90)(1) of the United States 4. Subject to the provisions of the ACC(s) and paragraph 3. and to assist in the capital and management activiies, HUD agrees to disburse to the PHA or the designated trustee from time to time as needed up to the amount of the funding assistance specified herein. 5. The PHA shall continue to operate each development as low- income housing in compliance with the ACC(s), as amended, the Act and all HUD regulations for a period of twenty years after the last disbursement of CFP assistance for modernization activities for any public housing or portion thereof and for a period of forty years after the last distribution of CFP assistance for development activities for any public housing and for a period of ten years following the last payment of assistance from the Operating Fund to the PHA. However, the provisions of Section 7 of the ACC shall remain in effect for so long as HUD determines there is any outstanding indebtedness of the PHA to HUD which arose in connection with any developments) under the ACC(s) and which is not eligible for forgiveness, and provided further that, no disposition of any development covered by this amendment shall occur unless approved by HUD. 6. The PHA will accept all CFP assistance provided for this FY. If the PHA does not comply with any of its obligations under this Amendment and does not have its Annual PHA Plan approved within the period specified by HUD, HUD shall impose such penalties or take such remedial action as provided bylaw HUD may direct the PHA to terminate all work described in the Capital Fund Annual Statement of the Annual PHA Plan. In such case, the PHA shall only incur additional costs with HUD approval. 7. Implementation or use of funding assistance provided under this Amendment is subject to the attached corrective action order(s). re (mark one) : Yes ✓ No S. At a public housing development level and in the format and frequency established by HUD, the PHA is required to report an all Capital Fund grants awarded that have not closed, including information on the installation of energy conservation measures. The PHA acknowledges its responsibility for adherence to this amendment. The parties have executed this Amendment, and it will be effective 9/9/2013. This is the date on which CFP assistance becomes available to the PHA for obligation. PHA -f3 Title Title Previous versions obsolete _11- form ff UU--57FXU--A7T1747fG77— qbo� R R p w � o O U x� 00 d Q J b 0 N w 5 O x O � 0 o � R L o W a b b U w ro Y � � � U Oq R �ww Q �a U o � i v s 9 a i C i 0 U n .+ y ° a.W e w c v G C ul C U U t7 e E s. ° o Q u vw, twi n C C w v x m z a 0 u a. 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N Y 0 3 G Y Nl w b 3 0 Q C N oA c c �z av� z ain400L10 114 u z � Q a 0 N vi °o N a S 0 { §( j( k ± § � / $ } ( ( / 2 s ( _ ) \ @ � \ � z .\ � ) ) \ \ \ / / m \( \ CIO w!} }@ �$ \ »\ )/ \ @ \ z .ƒ ƒ§ �\ \ , ƒ 3( -- ~ IMEN �\ ( _ ) |Ik \( ) \ LD r ) { } ( / / } LM � \ j ) . \ \ \ \ / / z \� \ � \ �s \ ƒ z \� \ 2/ J e% �\\ \ ƒ /7(/ � ±§ � 3a / f2 L�_Y,h,Prr Civil Rights Certification U.S. Department of Housing and Urban Development Office of Public and Indian Housing Expires 08/30/2011 Civil Rights Certification Annual Certification and Board Resolution Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairman or other authorized PHA official if there is no Board of Commissioner, I approve the submission of the Plan for the PHA of which this document is apart and make the following certification and agreement with the Department ofHousing 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 11 of the Americans with Disabilities Act of 1990, and will affirmatively further fair housing. KA0L � MIS 01i PHA Naive PHA Number/HA Code I hereby certify that all the rzmfornation stated herein, as well as an information provided in [he aceompaniment berm ith, is ime and accurate. W arrim HUD will rosecute false claims and statements. Conviction ma result in criminal and /or civil enalties. 18 U.S.C. 1007 1010 1012 31 U.S.C. 3729 3802 Name of Authorized �� Official Title `� I kky-K l NItCS F� ®I OF =4 tLl� signature Date 10 4l form HUD - 50077 -CR (1/2009) -17- OMB Approval No. 2577 -0226 MOUND HOUSING AND REDEVELOPMENT AUTHORITY RESOLUTION NO. 13- H A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A MANAGEMENT AGREEMENT WITH COMMON BOND COMMUNITIES FOR THE PERIOD JANUARY 1, 2014 THROUGH DECEMBER 31, 2014 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; 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 8th day of October, 2013 Attest: Catherine Pausche, City Clerk Chair Mark Hanus MANAGEMENT AGREEMENT 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, 2014 to December 31, 2014 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 En 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 -20- 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; -21- 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 -22- 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. -23- 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 -24- 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 -25- 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 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 IN 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. -27- 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 M Date: as Date: M Date: Mark Hanus Its: BOARD CHAIR Kandis Hanson Its: EXECUTIVE DIRECTOR AGENT: Common Bond Communities Ma. Its: