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10-18-93 agendaCITY OF RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY MONDAY, OCTOBER 18, 1993 7:00 P.M. COUNCIL CHAMBERS AGENDA CALL TO ORDER APPROVAL OF MINUTES OF HRA MEETING OF SEPTEMBER 20, 1993 1. OPPORTUNITY FOR CITIZENS TO ADDRESS THE HRA ON ITEMS NOT ON THE AGENDA 2. CONSIDERATION OF RESOLUTION AUTHORIZING ISSUANCE OF COMPLETION CERTIFICATES TO MARLIN GRANT HOMES, INC. FOR RICHFIELD REDISCOVERED PROPERTIES AT 7520 BRYANT AND 7528 BRYANT AVENUE HRA LETTER NO. 41 3. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION AUTHORIZING SALE OF RICHFIELD REDISCOVERED PROPERTY AT 6926 CHICAGO. AVENUE TO NEUMAN O. BERGER IN ACCORDANCE WITH DEVELOPMENT AGREEMENT HRA LETTER NO. 42 4. CONSIDERATION OF CONTRACT WITH DAVID SCHAFFER FOR REMODELING .SERVICES; RICHFIELD REDISCOVERED REMODELING PROGRAM HRA LETTER NO. 43 5. CONSIDERATION OF CONTRACT WITH PROJECT FOR PRIDE IN LIVING. AND AFFORDABLE SUBURBAN HOUSING; COMMUNITY APARTMENT PROGRAM HRA LETTER NO. 44 6. EXECUTIVE DIRECTOR REPORT 7. CLAIMS AND PAYROLL ADJOURNMENT AUXILIARY AIDS FOR INDIVIDUALS WITH DISABILITIES ARE AVAILABLE UPON REQUEST. REQUESTS MUST BE MADE AT LEAST 96 HOURS IN ADVANCE TO THE ADMINISTRATIVE SERVICES DIRECTOR AT 861-9702. HOUSING AND REDEVELOPMENT AUTHORITY '~` HRA Letter No. 44 Agenda October 18, 1993 Issue Statement: Contract approval Project For Pride In Living and Affordable Suburban Housing (PPL/ASH); Community Apartment Program (CAP). Backaround: At the August 16 meeting, the HRA approved PPL/ASH to assist in the formulation and implementation of the CAP. Staff was directed to formulate a contract. Attached is the contract. The document is divided into sections. The first portion is the .standard form of agreement which encompasses those items which need to be identified to help assure a satisfactory working relationship. It is very similar to the contract for Mr. Dave Schaffer. Included are sections dealing with contract cost, method of payment, relationship of contractor to the HRA, several sections and exhibits which address non-discrimination, insurance, data privacy, records, default and cancellation and contract administration. Exhibit A is an integral part of the contract and lists the performance outcomes or objectives for PPL/ASH. Outcome One: A profile of the current population of apartment residents in Richfield will be developed that will aid in directing plans to achieve our ,goal. Outcome Two: An organization of apartment .owners/managers will be established that will support efforts to maintain decent, low-cost housing that is financially viable. Outcome Three: A model for multi-unit dwelling Resident Organizations will be developed. Outcome Four: A directory of Richfield Human Services and Educational Opportunities will be developed that includes: a description of services/programs offered; eligible participants; location; hours; cost; and available transportation. Outcome Five: A Community Services Group will be formed to link the City of Richfield, apartment owners/managers association, human service organizations, educational institutions, and resident groups in order to create networks for community building through communication, promote positive working relationships, improve the delivery of services to residents,. and improve the livability of Richfield apartments. A determination will ~be made about which services/programs could be brought to housing sites or neighborhood locations. Work is well underway with regards to Outcome One and Two. The HRA memorandum status report discusses the upcoming meeting with managers/owners to organize an association for them. Recommended Motion: Approve the contract and authorize the Chairperson and Executive to execute it. Basis of Recommendation: 1. The HRA directed staff to formulate a contract with PPL/ASH. 2. The HRA Chair has reviewed the contract and found it acceptable. 3. A contract is desirable to properly identify the roles of the parties involved. 4. Funds are available in the amount of the contract, 550,000 for a year's work. Alternative Recommendation: 1. Delay action. 2. Direct staff to modify the contract. Discussion/Decision Mode: PPL/ASH have initiated work under CAP and it would be appropriate to approve the contract at this time. Respe f lly submitted, James Prosser Execu ve Director JDP:cak t,nnla~i.i n (1 of 8) PROPOSAL TO THE CITY OF RICHFIELD August 4, 1993 PURPOSE OF PROPOSAL Project for Pride in Living, Inc. (PPL), in partnership with Affordable ,Suburban Housing, proposes to work with the City of Richfield to assess,. plan, and offer implementation resources that will improve the liveability, appearance, and investment value of Richfield apartment dwellings while empowering residents to become actively involved in their buildings and community. Our fee for these services in 1993-94 will be $50,000. INTRODUCTION: WHAT IS OUR BACKGROUND AND EXPERIENCE? Project for Pride in Living, a 501 (c)(3) nonprofit organization has been dedicated to its mission of assisting low- and moderate-income people to become self-sufficient by addressing their housing, job and neighborhood needs since 1972. We currently provide housing and offer support services for almost 800 people in 363 units in inner-city Minneapolis and St. Paul. We fulfill. our mission through 13 separate programs. Affordable Suburban Housing, a 501 {c)(3) nonprofit organization, was established in 1990 with the mission of providing affordable housing in the Twin Cities suburban communities by working with local units of government and community organizations. ASH develops creative ways to combine local, county, "state, and federal resources in order to provide affordable housing. PPL and ASH have the organization, resources, personnel, and experience to effectively address issues relating to property management, resident involvement, and community organization. Through sound, productive programs and strategies already in place, we are presently involved in amulti-dimensional approach to improve the viability of our apartment buildings and the willingness of our tenants to take responsibility for their buildings and neighborhoods. This initiative will serve as a valuable experience base from which to develop a program for the City of Richfield. PPL's Self-Sufficiency Program, Property Management Division, and Community Initiatives Program are working together to bring coordination, cooperation, and empowerment to the diverse aspects of community that can influence rental buildings. Using strategically aligned programming implemented by a strong, experienced staff, we are able to access and involve community programs, civic organizations, government agencies, and resident populations in a coordinated effort to .improve the liveability of our buildings and neighborhoods. PPL currently has such a community organizing initiative in place in 13 of our buildings '(144 units). Our Community Initiatives Program, under the direction of an experienced. coordinator, involves the services of four VISTA volunteers who work in our buildings to organize resident councils, foster education and coordination of services, and empower residents to become involved in the community. Our staff is dedicated to maintaining attractive, well-managed, and dignified multi-unit housing and to help these residents stabilize their lives when necessary, become involved in their neighborhoods, and ultimately become more. active members of -the community. P~AR1D 11 n (2 of 8) OUTCOMES AND ACTIVITIES: WHAT DO WE PROPOSE TO DO AND HOW DO ,._ WE PROPOSE TO DO IT? PPL and Affordable Suburban Housing will work together to achieve the goal of assessing, planning, and offering implementation resources that will improve the liveability, appearance, and investment value of Richfield apartment dwellings while empowering residents to become actively involved in their buildings and community. In working toward this goal, we will implement activities that will produce the following outcomes: Outcome One: A profile of the current population of apartment. residents in Richfield will be developed that will aid in directing plans to achieve our goal. Activities: 1. Develop an appropriate, well-constructed survey instrument that will assess areas such as family size, likes and dislikes, attitudes, services needed, level of community involvement, perceived problems, and issues of concern. 2. Conduct arandom-sample survey of Richfield apartment residents, including an incentive for prompt survey return. 3. Analyze survey results as they influence the stated goal and make appropriate recommendations regarding areas of need/concern that should be addressed with residents. Outcome Two: An organization of apartment owners/managers will be established that will support efforts to maintain .decent, low-cost housing that is financially viable. Activities: 1. Conduct a meeting of Richfield apartment owners/managers to establish association. 2. Facilitate the formulation of mutual goals and development of an effective system of support and communication among the apartment owners/managers. 3. Assist owners/managers through the association to work together on these and other issues of concern: A. Building maintenance and operations; B. Tenant selection methods; C. Tenant involvement in building and community issues; D. Crime Watch Program; E. Needs/Strengths of residents as they can be addressed by human services or city government programs. F. Provide information on financial aspect of apartment ownership such as energy saving. improvements, mortgage programs/debt restructuring, rehabilitation loan programs, etc. G. Assist owners and managers in developing an appropriate apartment marketing strategy. Outcome Three: A model for multi-unit dwelling Resident Organizations will be developed. 2 (3 of 8) Activities: 1. A model will be planned and guidance will be given in implementation. The following activities to be implemented by interested parties and/or city staff would be among those recommended by such a model: A. Resident surveys will be followed up with invitations to participate in resident group meetings in targeted buildings. Meetings will be facilitated, and appropriate and effective ways to link resident groups with owner/managers association and other city and community organizations will be determined. B. Through resident groups, social events such as picnics, holiday parties, outings, and family activities will be planned on a regular basis. C. Assistance will be given in the formation of small resident support groups to enable residents to assist one another with issues of personal concern, especially parenting and child care. D. Speakers will be invited to address resident groups concerning community issues, activities, and resources. Examples of such speakers are local police SAFE program addressing crime and safety issues, local social service representatives detailing services available, and volunteers from community organization informing residents about activities, services, and neighborhood issues. E. Within the context of building groups, residents will be guided in discussions that will lead to positive and productive plans of action to .address standards of behavior and particular agreed-upon responses to problems. F. As leadership among residents emerges, building groups will choose representatives to link with local community organizations, enhancing efforts to deal productively with issues affecting the community and providing an .important information link between building residents and community. organizations. G. Building groups will serve as a forum for dialog between building management and residents, leading to better understanding of both tenant and management rights and responsibilities, and developing a sense of ownership and empowerment in residents which will motivate a more active role in improvement of their buildings. Outcome Four: A directory of Richfield Human Services and Educational Opportunities will be developed that includes: a description of services/programs offered; eligible participants; location; hours; cost; and available transportation. Activities: 1. Work with the. City of Richfield Human Services Council to determine which human service .organizations serve Richfield. 2. Work with the Richfield Public School District, private schools, and Community and Technical Colleges to determine which educational institutions serve the communities of Richfield. 3. Contact each of these organizations and schools to obtain appropriate service/program information, create liaisons, and develop system for interchange of information that will lead to more accessible and appropriate service delivery. 3 ~4 vi o~ Outcome Five: A Community Services Group will be formed to link the City of Richfield, apartment owners/managers association, .human service organizations, educational institutions, and resident groups. in order to create networks for community building through communication, promote positive working relationships, improve the delivery of services to residents, and improve the livability of Richfield apartments. A determination will be made about which services/programs could be brought to housing sites or neighborhood locations. Activities: 1. Facilitate the development of the Community Services Group by meeting with constituencies and recruiting representatives from each category of organization: human services; owners/managers; city government; educational institutions; resident groups. 2. Develop, within the context of the Community Services Group, a system for informational referral among the various groups these members represent. STAFFING: WHAT HUMAN RESOURCES DO WE HAVE TO IMPLEMENT OUTCOMES AND ACTIVITIES? Project for Pride an Living and Affordable Suburban Housing are fortunate to have in place skilled and experienced staff .people who have a high degree of expertise in all areas necessary to execute this plan. Our staff has implemented appropriate and productive strategies to organize and empower residents, ensure well-maintained, financially viable buildings with .sound economic occupancy rates (90 -93%), develop cooperative partnerships with community. groups, and thoroughly screen tenants to provide the best possible chance for good outcomes in our buildings. Attached are profiles of staff who will contribute to this project (Attachment One). PROGRAM EVALUATION: HOW WILL WE KNOW IF WHAT WE DO IS EFFECTIVE? Project for Pride in Living is committed to diligent and ongoing evaluation of all of its programs in order to most effectively bring forth our mission. We plan a yearly qualitative and quantitative report on the progress of this project. Such evaluation will include input from all constituencies including residents, owners/managers, city government officials, and social service agencies. Observable indicators of the project's success or needs will include building turnover rate, progress of resident organizations and resident involvement in neighborhood issues, and participation of constituencies in the Community Services Group. We will consider using an outside evaluative source such as Rainbow Research to study the processes and outcomes of this project. SCHEDULE: WHEN CAN WE BEGIN? Project for Pride in Living and Suburban Affordable Housing are ready to begin working with the City of Richfield immediately. The necessary organization, resources, personnel and .experience base are all established and ready to proceed. We propose to begin this three-year project in September .1993. A .timeline for the project is attached (Attachment Two) . BUDGET: HOW WILL COSTS BE ALLOCATED? A budget for the first year of this project is attached (Attachment Three). 4 ~5 of ~J Attachment One PROJECT FOR PRIDE IN LIVING, INC. AFFORDABLE SUBURBAN HOUSING PROPOSAL TO THE CITY OF RICHFIELD PROFILES OF STAFF Laura Klein, Community Initiatives Program Coordinator, will coordinate the implementation of this proposal for the City of Richfield. Laura has a degree in Urban Affairs and has. assisted PPL as an Urban Studies Intern. and Resident Advocate. Laura has coordinated PPL's Community Initiatives Program since it began last year. She supervises a cadre of four VISTA volunteers who are working in our buildings to organize resident groups, encourage leadership, develop educational experiences, and create liaisons with community organizations and social service providers.. Laura will offer the City of Richfield her considerable organizational and motivational skills, as well as the knowledge she has gained directing community organizing in PPL buildings. Bill Schatzlein. Director of Affordable Suburban Housing. has 25 years experience in all aspects of the real. estate business. His experience includes the development, financing, marketing, and management of assisted housing for families and elderly, market rate multi- family rental housing, single family housing, and condominium units. His experience includes 10 years of public experience at the Minneapolis Community Development Agency, and 15 years of experience in the private and non-profit housing business. Bill will offer the City of Richfield his broad-based experience working with city government and other agencies, his .skill at program management and facilitation, and his ability to communicate well with all levels of public and private organizations. Don Peerson, Director of Property Management, has over sixteen years experience in Property Management. At .PPL, Don serves as our Director of Property Management, overseeing the activities of the division and working closely with staff, residents, and community groups. Don will offer the City of Richfield his expertise with the challenges unique to owning/managing low- and moderate-income properties, including maintenance issues, tenant screening, and other property management procedures. Fred Byron, Resident Services Coordinator, has had 20 years experience in commercial and residential property management. and real estate development. At PPL, Fred served as one of our Property. Managers and is now our Resident Services Coordinator, serving as a link between PPL residents and the Self-Sufficiency Program. Fred will offer the City of Richfield his extensive experience working with low- and moderate-income people in defining tenant rights and responsibilities and guiding them to take appropriate steps to become economically independent, as well as his broad knowledge of community groups and organizations. Zeff Helmeke. Asset Manager, has had seven years experience as a corporate CPA and has served as the United Way of Fargo's audit team leader. At PPL he devotes full-time to the financial management of PPL's real estate assets and oversees the various real estate partnerships in which PPL is general partner. Jeff will offer the City of Richfield his keen understanding of the issues affecting the financial viability of managing low- and moderate-income housing including maintenance reserves, capital improvements, debt, taxes, etc. 5 (6 of 8) Susan Baldwin. Director of Community Services, has had eight years experience in providing services to people in need of guidance and support as they work to achieve self- sufficiency. At PPL, Susan manages our Self-Sufficiency Program and Community Initiatives Program. Susan .will offer the City of Richfield her professionalism and experience in dealing with many levels of government, community groups, funders, resident groups, and social service providers. She also. brings an insightful understanding of the factors which affect low- and moderate-income people in their climb toward self-sufficiency and a realistic approach in addressing such issues. (7 of ~3) PROJECT FOR' PRIDE IN LIVING Attachment Two AFFORDABLE SUBURBAN HOUSING PROPOSAL TO THE CITY OF RICHFIELD TIMELINE We propose to accomplish the five described outcomes in a three-year period of time; the first two years will involve active development of systems while the third year will involve the less intense involvement of consulting and acting as a resource to the organizations already established. Much of the work will be ongoing, such as working with the development and growth of resident organizations. We hope to accomplish the following according to this schedule: Year One: (Sept. 1993 -- Aug. 1994) * Resident Survey will be written, random sample selected, .survey administered, and conclusions drawn. * Apartment owners/managers will meet and organization established. * Mutual goals and .systems of support for apartment owners/managers will be in place. * Two or three buildings will be selected to use as examples for the model resident organization plan. * Systems will be established .and Richfield staff trained to begin implementing resident organizations. * Recommendations for contacts/relationships by Richfield staff will be made in each identified model building. * Recommendations for informal activities will be made in each identified model building (picnics, holiday parties, family outings, etc) to enable residents to get to know one another and begin to establish trust. * Human Service organizations and educational opportunities that serve Richfield will be identified. * Initial contacts will be made with representatives from each of these organizations. Year Two: (Sept. 1994 -- Aug. 1995) * Continued support/advicelconsulting will be provided for apartment owners/managers association in areas such as tenant screening, building maintenance and operations, and other issues of concern and interest. * Continued support/advice/consulting will be provided. for Richfield staff as they work to establish resident organizations in targeted buildings. * ~ Leadership from resident groups will emerge and be guided to involvement in community groups/issues. * Directory of Human Services and Educational Opportunities will be completed. * Relationships will be established with each aspect of the community which impacts rental residents (police, city government, social services, educational institutions, apartment owner/management, resident associations, community associations, business/retail community.) * Community Services Group made up of representatives of each of the above organizations will be established. Year Three: (Sept. 1995 -- Aug. 1996 and beyond) PPL and ASH will provide consulting/advisory services to the organizations/systems in place. `8..o f..8).. Attachment Three PROJECT FOR PRIDE W LIVING, INC. AFFORDABLE SUBURBAN HOUSING PROPOSAL TO THE CITY OF RICHFIELD August 4, 1993 BUDGET Revenue City of Richfield $50,000 Expenses Program Coordinator Salary (1/2 FTE) ~ $13,000 Benefits/Taxes/Workers Comp 2,600 Other Staff Salary/Benefits/Taxes/Workers Comp (5 staff x 6 hrs/wk x 52 wks x $15/hr) 23,400 Transportation (Staff Mileage) 2,000 Supplies/Office Support/Postage 4,000 Administration 5.000 Total Expenses $50,000 8 EXHIBIT B (1 of 1) AFFIRMATIVE ACTION REQUIREMENTS On January 1, 1988, the Richfield City Council approved an affirmative action program which requires the city "to provide equality of opportunity in employment to all persons and to prohibit discrimination because of race, color, religion, national origin, place of residence, political affiliation, disability, marital status, status with regard to public assistance, sex, or age in all aspects of .the City's personnel policies, programs, and practices." The program further requires that the City support the various relationships with contractors, subcontractors and vendors. Therefore, requirements have been adopted for contracts as follows. a. The cont~cactor shall submit a signed statement (Exhibit C) signifying that they are in compliance with the standards of equal employment and anti-discrimination as cited in the Civil Rights Act of .1964 as amended in 1972 by the Equal Employment Opportunity Act. b. In accordance with the City of Richfield's Affirmative Action policy, no person shall, on the grounds of race, creed, color, sex, age, disability, or national origin be excluded from full employment rights in, participation in, be denied the benefits of, or~be otherwise subjected to discrimination under any program, service, or activity for which the parties received, or will receive financial assistance under the provision of any and all applicable federal and state laws-against discrimination. The contractor will furnish all information and reports if required by the City of Richfield or by Executive Order No. 11246 and Revised Order No. 4, and by the rules and regulations and orders of the Secretary of Labor or the State of Minnesota for purposes of investigation to ascertain compliance with such rules, regulations, and orders: c. 1971 Minnesota Statutes 181.59 is made a part of this contract. See Exhibit D. 9 EXHIBIT C (1 of 1) Statement of Compliance The undersigned, in his/her capacity as .agent for Project For Pride In Living, Inc., hereby. states that his/her principal is in compliance with the standards of equal employment. and anti- discrimination as cited in the Civil Rights Act of 1964 as amended in 1972 by the Equal Employment Opportunity Act. Dated : BI' Its 10 EXHIBIT D (1 of 1) 181.59 DISCRIMINATION ON ACCOUIt? OF RACE, CREED, OR COLOR PROHIBITED IN COh?RACT. Every contract for or on behalf of the state of Minnesota, or any county, city, town, township, school, school district, or any other district in the state, for materials, sup- plies, or construction shall contain provisions by which. the contractor agrees: (1) That, in the hiring of common or skilled labor !or the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; (2) That no contractor, material supplier, or vendor, shall, in any manner, discrim- inate against, or intimidate, or prevent the employment of any person or persons identi- fied in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of wozk under any contract on account of race, crud, or color, (3) That a violation of this section is a misdemeanor; and (4) That this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employ- ment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. History: 1941 c 238; 1973 c' 123 an S s 7; J984 c 609 s 11 11 HOUSING AND REDEVELOPMENT AUTHORITY HRA Letter No. 43 Agenda October 18, 1993 Issue Statement: Approval of contract with David Schaffer for remodeling services; Richfield Rediscovered Remodeling Program. Background: At the September meeting, the HRA .approved the establishment of the proposed remodeling program along with funding for implementation. A significant element of the program is the position of a remodeling advisor. This is the point position for contacting homeowners and encouraging them to undertake remodeling projects as well as helping them through the process. Attached and marked as Exhibit A is a description of the services that Mr. Schaffer will provide to the program. He will provide approximately 15 hours a week of services at S30 per hour. Mr. Schaffer has been a service provider in housing for 15 years. Since 1979 he has been associated with providing rehabilitation/ remodeling services. Beginning in 1988, he has been providing rehabilitation services to Dakota and Carver County HRA's. They have indicated to staff a high degree of satisfaction with Mr. Schaffer's services. (Mr. Schaffer will be on vacation and unable to attend the October meeting.) Initially it is appropriate and sufficient to have one remodeling advisor. Staff .will be evaluating additional candidates. At such time as additional. support services are needed, staff will make a recommendation to obtain additional hours from qualified people. The proposed contract is attached. It is divided into two parts. The first portion is very similar to the PPL/ASH contract for CAP. It includes the standard sections which help to assure a satisfactory working relationship. Included are sections dealing with contract cost, method of payment, relationship of contractor to the HRA, sections and exhibits which address non- discrimination, insurance, data privacy, default and cancellation, and administration. Exhibit A is an integral part of the contract and identifies the scope of services to be provided. In summary, the services performed are designed to identify potential users, and help them through the process until the project is completed. With authorization to execute this contract, program implementation can begin in October. Recommended Motion: Approve the contract and authorize the Chair and Executive Director to execute it. Basis of Recommendation: 1. To enhance the quality of the housing stock and minimize obsolescence and deterioration it is necessary to actively encourage homeowners to remodel. 2. The remodeling advisor was a part of the remodeling program ~~ approved by the HRA in September. 3. Funds were made available from the development fund for a "Neighborhood Improvement Advisor(s)." 4. A qualified experienced contractor is available in Dave Schaffer. Alternative Recommendation:. 1. Delay action. 2. Direct staff to modify a part of the proposal. Discussion/Decision Mode: Approval of a contract with Mr. Schaffer will permit the initiation of the remodeling program in October. Respect lly submitted, .Jame D. Prosser Exec tive Director JDP:ds PROFESSIONAL SERVICE AGREEMENT REHABILITATION ADVISOR THIS AGREEMENT made and, entered into by and between the Housing and Redevelopment Authority In and For The City of Richfield, STATE OF MINNESOTA, hereinafter referred to as the HRA, and David Schaffer, Inver Grove Heights, MN an individual hereinafter referred to as Schaffer. WITNESSETH: WHEREAS, the HRA wishes to purchase the services of Schaffer; and WHEREAS, there are funds available for the purchase of these services; NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the HRA and Schaffer agree as follows: 1. TERMS AND COST OF THE AGREEMENT Schaffer agrees to furnish services to the HRA as indicated on the attached Exhibit A dated October 6, 1993. The hourly cost of this agreement .shall riot exceed $30 per hour. All reports, memos, and other data produced by Schaffer become the property of the HRA. 2. PAYMENT FOR SERVICES Invoices may be submitted monthly. Payment for services shall be made directly to Schaffer by check. Invoices shall be of sufficient detail for the HRA to determine the activity and location of work for which payment is being made. Payment shall be made within 30 days of receipt of an invoice by the HRA. 3. INDEPENDENT CONTRACTOR Schaffer shall select the means, method, and manner of performing the services herein in consultation with the HRA. .Nothing is intended or should be construed in any manner as creating or establishing the relationship of copartners between Schaffer and the HRA or as constituting Schaffer as the agent, representative, or employee of the HRA for any ' purpose or in any manner whatsoever. Schaffer is to be and shall remain an independent contractor with respect to all services performed under this Agreement. Schaffer represents that he has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of Schaffer or other persons while engaged in the performance of any work or services required by this Agreement shall have no contractual relationship with the HRA, and shall not be considered employees of the HRA. Any and all claims that may or might arise under the Unemployment Compensation Act or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, without limitation, claims of discrimination against Schaffer, its officers, agents, contractors, or employees shall in no way be the responsibility of the HRA. Schaffer shall defend, indemnify, and hold the HRA, its officers, agents, and employees harmless from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the HRA, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Workers' Compensation,. Unemployment Insurance, disability, severance pay, and PERA. 4. NONDISCRIMINATION The HRA operates in accordance with the City of Richfield's policies against discrimination. No person-shall be excluded from or denied the benefits of any service performed or contemplated under-the terms of this Agreement on the grounds of race, color, creed, religion, age, sex, disability, marital status, public assistance status, ex- ..offender status, or national origin; and no person who is protected by applicable Federal or State laws against discrimination shall be otherwise subjected to discrimination. Schaffer shall (1) furnish all information and reports which may be required by the City's Affirmative Action Policy, and (2) shall comply with the City's Equal Employment Opportunity/Affirmative Action Policies with regard to employment and contracting (See Exhibit B). 5. INDEMNITY AND INSURANCE Schaffer agrees to defend, indemnify, and hold the HRA, its officers, and employees harmless from any liability claims, damages, costs, judgements, or expenses, including reasonable attorney fees, resulting directly or indirectly from an act or omission (including without limitation professional errors or omissions) of Schaffer, its agents, employees, or assignees in performance of the services provided by this contract, and against all loss by reason of the failure of Schaffer to fully perform in any respect, all obligations under this contract. 2 6. DATA PRIVACY Schaffer agrees to abide by all. applicable State and Federal laws and regulations concerning the handling and disclosure of private and confidential information concerning individuals and/or data including but not limited to information made non-public by such laws or regulations. 7. RECORDS - AVAILABILITY Schaffer agrees that the HRA, the State Auditor, or any of their duly authorized .representatives at any time during normal business. hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt,- and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of Schaffer and involve transactions relating to this Agreement. Records shall be retained for-three years from date of final payment with respect to the project. $. NON-ASSIGNMENT Schaffer shall not assign, subcontract, transfer, or pledge this contract and/or the services to be performed hereunder, whether in whole or in part, without the prior written consent of the HRA. 9. MERGER AND MODIFICATION a. It is understood and agreed that-the entire Agreement between the parties is contained herein and that Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. b. Any material alterations, variations, modifications, or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 10. DEFAULT AND CANCELLATION a. If Schaffer fails to perform any of the provisions .of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall .constitute a default. Unless the default is excused, the HRA, may upon written notice, immediately cancel the Agreement in its entirety. 3 b. The HRA's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the. Agreement. c. This Agreement may be cancelled with or without cause by either party upon twenty (20) days written notice. 11. CONTRACT ADMINISTRATION In order to coordinate the services of Schaffer with the. activities of the HRA so as to-accomplish the. purposes of this contract,-Bruce Palmborg shall manage this contract on behalf of the HRA, Bruce Nordquist and Pam Rohne shall serve as liaison between the HRA and Schaffer. In addition, from time to time, meetings shall be held between Schaffer and HRA staff. Schaffer may also report directly to the HRA Board of Commissioners from time to time. 12. NOTICES Any notice or demand which must be given or made by a party hereto under the terms of this Agreement shall be in writing. Notices shall be sent as follows: To the HRA; To Schaffer; Bruce Palmborg Dave Schaffer Housing & Redevelopment 9500 South Robert Trail Coordinator Inver Grove Heights, MN 55077 City Hall 6700 Portland. Avenue Richfield, MN 55423 Schaffer having signed this contract, and the HRA having duly approved this contract on October 18, 1993, and pursuant to such approval and the proper HRA officials having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. 4 `HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD. STATE OF MINNESOTA By: Executive Director By: Chairperson By: Its By: Its Attest Attest Attest Attest 5 EXHIBIT A October 6, 1993 Schaffer shall perform the following services as they apply to the Richfield Rediscovered Remodeling Program. 1. Work with staff in start-up, marketing, and on-going monitoring of program. 2. Be available to attend Open House functions, Remodeling Fair, and other promotional events. 3. Meet with various business and community groups as requested to promote and implement program. 4. Generate community interest through random calls, neighborhood canvassing, and door-to-door marketing. 5. Assist with an Informational Services to keep homeowners fully informed. 6. Meet initially with homeowners at their home to assist with the following: a. Property evaluation survey documented on written survey form. b. Identify and discuss needs, wants, and design considerations. c. Prepare an Action Plan outlining initial scope of work with general cost estimates. d. Explain program procedures and lending information including loan requirements. 7. Follow-up contact after initial homeowner visit to monitor progress. 8. Be available to assist homeowner through the various program stages leading to a signed construction agreement. This may include additional design and technical assistance, contractor selection, and the securing of a loan. 9. Submit monthly reports, written and oral, to HRA documenting measurable objectives which include: a. Number of homeowner calls made and received. b. Number of homeowner site visits. c. Number of follow-up calls made and results. d. Number of referrals to lenders and results. e. Record of marketing results. f. Action plan cost estimate. 6 EXHIBIT B AFFIRMATIVE ACTION REQUIREMENTS On January 1, 1988, the Richfield City Council approved an affirmative action program which requires the City "to provide equality of opportunity in employment to all persons and to prohibit discrimination because of race, color, religion, national origin, place of residents, political affiliation, disability, marital status, status with regard to public assistance, sex, or age in all aspects of the City's personnel policies, programs, and practices." The program further requires that the City support the various relationships with contractors, subcontractors and vendors. Therefore, requirements have been adopted for contracts as. follows. a. The contractor shall submit a signed statement (Exhibit C) signifying that they are in compliance with the standards of equal employment and anti-discrimination as cited in the Civil Rights Act of 1964 as amended in 1972 by the Equal Employment Opportunity Act. b. In accordance with the City of Richfield's Affirmative Action policy, no .person shall, on the grounds of race, creed, color, sex,- age, disability, or national origin be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise-subjected to discrimination under any program, service, or activity for which the parties received, or will receive financial assistance under the provision of any and all applicable federal and state laws. against discrimination. The contractor will furnish all information and reports if required by the City of Richfield or by Executive Order No. 11246 and Revised Order No. 4, and by the rules and regulations and orders of the Secretary of Labor or the State of Minnesota for purposes of investigation to ascertain compliance with such rules, regulations, and orders. c. 1971 Minnesota Statutes .181.59 is made a part of this contract. See Exhibit D. [Cdadmin]<Rehab-Schaffer> 7 EXHIBIT C Statement of Compliance The undersigned, in his/her capacity as agent for hereby. states that his/her principal is in compliance with the standards of equal employment and anti- discrimination as cited in the Civil Rights Act of 1964 as amended in 1972 by the Equal Employment Opportunity Act. Dated: By: Its [Cdadmin]<Rehab-Schaffer> 8 EXHIBIT D 181.59 DISCRIMINATION. ON ACCOUIrT OF RACE, CREED, OR COLOR PROHIBITED IN CONTRACT. Every contract for or on behalf of the start of Minnesota, or any county, city, town, township, school, school district, or any other district in the state, for materials, sub plies, or construction shall contain provisions by which the Contractor agrees: (1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, crtedsrr color, discriminate against;he pcrsoai ar persons who art citizens of the United States or resident aiiens who ate quaiifisd and parailabk io perform the. work to which the :employment relates; (2) That no contractor, material supplier, or vendor, shall, in any manner, discrim- >;i~ate.aganst, or intimidate, or prevent the employment of any person or persons identi- fied in clause (I) of tliis section, or onbeing hired, prevent, or conspire to prevent, the person or persons from the performance of work tinder any comraet on account of race, creed. or color; (3) That a violation of this section is a misdemeanor; and city (4) That this contract may be canceled or terminated by the state,' county, town, school board, or any other person authorized to grant the contracts for employ- ment, and all money. due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 1EIeston•: 1941 c 138; 1973 c 123 art S s 7; 1984 c 609 s 11 _ HOUSING AND REDEVELOPMENT AUTHORITY HRA Letter No.42 Agenda October 18, 1993 Issue Statement: Public hearing and authorization of the sale of .Richfield Rediscovered property at 6926 Chicago Avenue to Neuman Berger. Background: In August 1992, the HRA authorized the acquisition of property at 6926 Chicago Avenue under the Richfield Rediscovered program. Since that time, the site has been actively marketed. The site is approximately 48 feet wide, two feet narrower than the standard Richfield lot. A variance has been secured to allow development. This circumstance has required a builder/buyer team with a unique interest in developing a higher value home that meets normal setback requirements on a narrower lot. The following development agreement proposal is being brought to the HRA: ~ Neuman O. Berger, an attorney, would act as general contractor and build a home for his daughter. In 1992, he built a home in Burnsville for his son, valued at $175,000. • Mr. Berger is responsible for purchasing the property at 6926 Chicago from the HRA. • At the closing between the HRA and Mr. Berger, Berger will provide a letter of credit for $25,000 to the HRA as performance security. • A three bedroom home with attached two car garage is proposed. The value of the home upon completion is estimated to be $95,000 to $100,000. • Mr. Berger has submitted the required $500 participation agreement deposit to secure the site and has executed the development agreement in good faith that the HRA will support the project. • Because Mr. Berger is not a professional builder, an assessment agreement is being required which ensures that property taxes will be paid on at least a $95,000 valued property. In addition, Mr. Berger is to provide a list of subcontractors that he will supervise. Staff will verify if these subcontractors are licensed in the State of Minnesota. • The development agreement, except for the provisions mentioned above, is the same used for all Richfield Rediscovered builders and requires: - Completion by May 1, 1994; and - Construction financing and insurance requirements that other Richfield Rediscovered builders have provided. Mr. Berger has indicated an ability to personally finance the construction; and - A demolition credit of 54,500 which will be provided to Mr. Berger as he will arrange site .clearance. Recommended Motion: Following the public hearing, adopt the attached resolution which authorizes the Chair and Executive Director to execute agreements which sell 6926 Chicago .Avenue to Neuman Berger for the development of a new single family home. Basis of Recommendation: 1. A check of references, the City of Burnsville building inspector and proposed suppliers and subcontractors indicates that Mr. Berger can responsibly perform. 2. The HRA has entered into a purchase agreement to voluntarily acquire 6926 Chicago on October 28, 1993 from the seller as part of the Richfield Rediscovered program. 3. A development agreement has been negotiated and is in conformance with program guidelines. 4. Notice of public hearing was published in the Sun-Current on October 6, 1993. 5. Previously, the Planning Commission found the sale of this lot for development of new single family homes to be in conformance with the City's Comprehensive Plan. Alternative Recommendation: Do not proceed with a development agreement with Neuman Berger and direct staff to find other buyers. Discussion/Decision Mode: A closing is anticipated to occur in early November with site clearance and construction starting shortly thereafter. Respect lly submitted, Jam s Prosser Exe u ive Director JDP:ds HRA RESOLUTION NO. RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY LOCATED AT 6926 CHICAGO AVENUE SOUTH TO NEUMAN O. BERGER, IN ACCORDANCE WITH A DEVELOPMENT AGREEMENT WHEREAS, the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (HRA) desires to develop certain real-property pursuant to and in furtherance of the Richfield Rediscovered Program Redevelopment Project (Project) heretofore adopted by the City of Richfield (City) and the HRA, said real property being described as follows: 6926 Chicago, "Chicago Avenue Acres" Addition, Lot 1, that part of east 1/2 lying north of south 50 feet thereof, Hennepin County; and WHEREAS, the HRA is authorized to sell real property within its area of operation after public hearing; and WHEREAS, a developer, Neuman Berger, has been identified as the purchaser of the described property, in accordance with a development agreement; and WHEREAS, the development agreement between the HRA and Neuman O. Berger requires: 1. A letter of credit in the amount of $25,000 as performance security; 2. An assessment agreement which ensures property taxes will be paid on at least a $95,000 valued property; 3. A construction completion date of May 1, 1994; and 4. Evidence of construction financing and insurance requirements. WHEREAS, a public hearing has been held to authorize the sale after proper public notice; and WHEREAS, the Planning Commission has made a finding that the disposition of the property for residential purposes is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Richfield Housing and Redevelopment Authority: 1. A public hearing has been held and 6926 Chicago Avenue is authorized to be sold to Neuman O. Berger in accordance with _. a development agreement with the HRA. 2. The purchase price for 6926 Chicago is $25,000. 3. That the Chairperson and Executive Director are authorized to execute the Development Agreement and other agreements as required to effectuate the sale to Neuman O. Berger. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 18th day of October, 1993. Thomas E. Harms, Chairperson ATTEST: Larry Wozniczka, Secretary ~~~ i- O (7 a v Y V co N i ~~ <~~ W y d' `~ YYy~~~ ~Q F p „Q~ 6; ~2< ~C _, .3;` _ ~,~ ~~Q ~ ~ . Q ~ ~: .~ .~ b ~ ; ~ ~ ~~~ O F W b !L ~ ` $ , .:~ . . ~ < ~ ~ j G1 '' ~- ~ ~ b$ gZ a E O ~ Z 8 N O Q _~ N C~ ..1 H -- .. : '' ~. .. .. HOUSING AND REDEVELOPMENT AUTHORITY HRA Letter No. 41 Agenda October 18, 1993 Issue Statement• Authorization to issue completion certificates to Marlin Grant Homes Inc. for Richfield Rediscovered properties at 7.520 and 7528 Bryant Avenue. Background• The HRA authorized development of the above referenced properties in 1993. The development agreements provide for the issuance of a certificate of completion when construction is completed. (A sample certificate is attached.) The .home at 7520 Bryant Avenue has been completed and occupied. The home at 7528 Bryant will be .completed by approximately October 29, 1993. The builder has requested the release of the letter of credit and the completion certificate upon completion and closing. Staff is anticipating this request and wants to respond in a timely manner upon verification of completion. Recommended Motion: Authorize the .Chair and Executive Director to execute completion certificates in accordance with the attached resolution which includes visual verification by staff for completion at 7528 Bryant Avenue. Basis of Recommendation: 1. Construction has been completed and a certificate of occupancy _ issued by the Inspection Division for 7520 Bryant Avenue. Site work will be completed shortly subject to acceptable weather and includes concrete, driveway-and landscaping work at 7528 Bryant Avenue. 2. The builder has .performed in accordance agreements and will-seek the issuance of and the release of performance security Property Builder Address Marlin Grant Homes, Inc. 7520 Bryant 7528 Bryant with construction completion certificates in the following amounts: Performance Security Amount $27,500 $27,500 Alternative Recommendation: Do not issue certificates of completion at this time. Discussion/Decision Mode: This matter will be presented at the October 18 HRA meeting. Respect lly submitted, Jame Prosser Exec ve Director JDP:ds HRA RESOLUTION NO. THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD RESOLUTION RELATING TO THE ISSUANCE OF COMPLETION CERTIFICATES FOR RICHFIELD REDISCOVERED PROPERTIES AT 7520 BRYANT AND 7528 BRYANT AVENUES WHEREAS, in 1993, the Richfield Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (HRA) entered into contracts with Marlin Grant Homes, Inc. for the construction of single family homes; and WHEREAS, the new home locations are as follows: 7520 and 7528 Bryant Avenues; and WHEREAS,. the construction is completed at 7520 Bryant Avenue; and WHEREAS, staff will verify by visual inspection that construction is completed at 7528 Bryant Avenue; and WHEREAS., performance security in the following amounts can be released to Marlin Grant Homes, Inc.: 7520 Bryant - $27,500 7528 Bryant - $27,500 NOW, THEREFORE, BE IT RESOLVED by the Richfield Housing and Redevelopment Authority in and for the City of Richfield, Minnesota that: 1. The completion certificate for 7520 Bryant can be issued. 2. Upon verification of completion by staff, a completion certificate shall be issued for 7528 Bryant. 3. The performance security can be released for both properties when the completion certificate.is issued. Passed by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 18th day of October, .1993. Thomas E. Harms, Chairperson ATTEST: Lawrence Wozniczka, Secretary EXHIBIT A FORM OF CERTIFICATE OF COMPLETION The undersigned hereby certifies that , has fully and completely complied with its obligations under Article IV of that document entitled "Contract for~Private Development", between the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota and dated , filed as Document No. with respect to construction of the approved construction plans and is released and forever discharged from its obligations to construct under such above- referenced Article. DATED: THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD By Its Chairperson By Its Executive Director STATE OF MINNESOTA ) )SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before .me this day of 199_, by and the Chairperson and Executive Director of The Housing and Redevelopment Authority in and for the ,City of Richfield, a public body corporate and politic under the laws of the State of Minnesota on behalf of the public body corporate and politic. Notary Public This instrument was drafted by: Holmes & Graven, Chartered 470 Pillsbury Center Minneapolis, MN 55402