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IV. 1. Approval of Hopkins HRA Annual and Five Year Action Plans (HRA2022-08) October 4, 2022 HRA Report 2022-08 PUBLIC HEARING APPROVAL OF HOPKINS HRA ANNUAL AND FIVE-YEAR ACTION PLANS Proposed Action: Staff recommends that the Council approve the following motion: adopt Resolutions 547 and 548, authorizing the HRA Board and Executive Director to accept and use the 2022 Capital Funds. With approval of this motion, The HRA Board and the Executive Director will implement the proper planning and procurement process to utilize the $119,898 the HRA will receive in 2022 Capital Funds from the United States Department of Housing and Urban Development. Overview: The objective of the Annual and Five Year Action Plans is to describe the plans for the capital projects over the next five years. The Plans detail the needs and the priorities for upcoming work and provide estimates for each. We are to submit these plans and additional forms and paperwork following the approval by the HRA Board. Analysis: What type of plan will the Hopkins HRA need to submit? Hopkins HRA is required to submit both the updated Annual and Five Year Actions Plans each year. The HRA was notified of the availability of the annual Capital Fund Program for the FYE23. This year’s exact allocation has been determined to be $119,898.00. We plan to utilize the funds to support the proposed work and operations at Dow Towers. The majority of the funds would be relayed to our operating budget that would fund possible projects such as replacement and/or repair of concrete and asphalt walkways and parking lots, cost related to the architectural and engineering plan(s) to install fire sprinkler systems and forecasting our 20 year expenditure costs, and updating interior dwelling areas such as kitchens and flooring. Supporting Information: • Annual Contribution Contract – HUD 52840 • Civil Rights Certification – HUD 50077 • Capital Fund Program – Five Year Action Plan – HUD 50075 • HRA Resolutions 547 and 548 Alternatives: The HRA Board of Commissioners has the following alternatives available for addressing this issue: • Adopt Resolutions 547 and 548 approving the Annual and Five Year Action Plans • Continue for additional information Muse Mohamed, Executive Director OMB Approval No. 2577-0075 (exp. 08/31/2023) Capital Fund Program (CFP) Amendment Annual Contributions Contract Terms and Conditions (HUD-52840-A) Whereas, (Public Housing Authority)(herein called the “PHA”) and the United States of America, Secretary of Housing and Urban Development (herein called “HUD”) entered into an Annual Contributions Contract ACC(s) Numbers(s) (On File) dated (On File) Whereas, in accordance with Public Law 117-103, Division L, Title II, $ $119,868.00 for Fiscal Year 2022 to be referred to under Capital Fund Grant Number MN46P07850122 PHA Tax Identification Number (TIN): On File UEI Number: On File Whereas, HUD and the PHA are entering into the CFP Amendment Number __________On File______________________________________ Now Therefore, the ACC is amended as follows: (mark one) : Yes No U.S. Department of Housing and Urban Development PHA (Executive Director or authorized agent) By By Date: /s/ Robert E. Mulderig Title Title Deputy Assistant Secretary, Office of Public Hsg Investments Previous versions obsolete form HUD-52840-A OMB Approval No.2577-0075 (exp. 08/31/2023) 6. Subject to the provisions of the ACC(s) and paragraph 3, and to assist in capital and management activities, 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. 8. The PHA will accept all CFP assistance provided for this FY. If the PHA does not comply with any of its obligations under this CFP 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 by law.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. 2. The PHA must carry out all capital and management activities in accordance with the United States Housing Act of 1937 (the Act), 24 CFR Part 905 (the Capital Fund Final rule) as well as other applicable HUD requirements, except that the limitation in section 9(g)(1) of the Act is increased such that of the amount of CFP assistance provided for under this CFP amendment only, the PHA may use no more than 25 percent for activities that are eligible under section 9(e) of the Act only if the PHA’s HUD-approved Five Year Action Plan provides for such use; however, if the PHA owns or operates lessthan 250 public housing dwelling units, such PHA may continue to use the fullflexibility in accordance with section 9(g)(2) of the Act. 11. If CFP assistance is provided for activities authorized pursuant to agreements between HUD and the PHA under the Rental Assistance Demonstration Program,the PHA shall follow such applicable statutory authorities and all applicable HUD regulations and requirements. For total conversion of public housing projects, no disposition or conversion of any public housing project covered by these terms and conditions shall occur unless approved by HUD. For partial conversion, the PHA shall continue to operate each non-converted public housing project as low- incomehousing in accordance with paragraph 7. 5. Unless otherwise provided, the 24 month time period in which the PHA must obligate this CFP assistance pursuant to section 9(j)(1) of the Act and 48 month time period in which the PHA must expend this CFP assistance pursuant to section 9(j)(5) of the Act starts with the effective date of this CFP amendment (the date on which CFP assistance becomes available to the PHAfor obligation). Any additional CFP assistance this FY will start with the same effective date. 3. The PHA has a HUD-approved Capital Fund Five Year Action Plan and has complied with the requirements for reporting on open grants through the Performance and Evaluation Report. The PHA must comply with 24 CFR 905.300 of the Capital Fund Final rule regarding amendment of the Five Year Action Plan where the PHA proposes a Significant Amendment to the Capital Fund Five Year Action Plan. 2022 Capital Fund The information collection requirements contained in this document have been approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB control number 2577-0075. There is no personal information contained in this application. Information on activities and expenditures of grant funds is public information and is generally available for disclosure. Recipients are responsible for ensuring confidentiality when disclosure is not required. In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a currently valid OMB control number. 1. The ACC(s) is (are) amended to provide CFP assistance in the amount specified above for capital and management activities of PHA projects. This CFP Amendment is a part of the ACC. Date: May 12, 2022 U.S. Department of Housing and Urban Development Office of Public and Indian Housing HRA OF HOPKINS, MINNESOTA MN078 The parties have executed this CFP Amendment, and it will be effective on May 12, 2022. This is the date on which CFP assistance becomes available to the PHA for obligation. 9. Implementation or use of funding assistance provided under this CFP Amendment is subject to the attached corrective action order(s). 10. The PHA is required to report in the format and frequency established by HUD on all open Capital Fund grants awarded, including information on the installation of energy conservation measures. 12. CFP assistance provided as an Emergency grant or a Safety and Security grant shall be subject to a 12 month obligation and 24 month expenditure timeperiod. CFP assistance provided as a Natural Disaster grant shall be subject to a 24 month obligation and 48 month expenditure time period. The start date shall bethe date on which such funding becomes available to the PHA for obligation. The PHA must have a recorded and effective Declaration(s) of Trust on all property funded with Capital Fund grants (all types) or HUD will exercise all available remedies including recapture of grant funding. 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 projects in order to ensure that such projects continue to be available to serve low-income families. HUD reserves the right to provide additional CFP assistance in this FY to the PHA. When HUD provides additional amounts, it will notify the PHA and those amended grants will be subject to these terms and conditions. 7. The PHA shall continue to operate each public housing project 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 each public housing project or portion thereof and for a period of forty years after the last distribution of CFP assistance for development activities for each public housing project and for a period of ten years following the last payment of assistance from the Operating Fund to each public housing project. Provided further that, no disposition of any project covered by this amendment shall occur unless approved by HUD. 4. For cases where HUD has approved a Capital Fund Financing Amendment to the ACC, 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 scheduled will be made directly to a designated trustee within 3 days of the due date. ________________________________________________________________________________________________________________________ Previous version is obsolete Page 1 of 1 form HUD-50077-CR (2/2013) Civil Rights Certification (Qualified PHAs) U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB Approval No. 2577-0226 Expires 02/29/2016 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, I approve the submission of the 5-Year PHA Plan for the PHA of which this document is a part, and make the following certification and agreements with the Department of Housing and Urban Development (HUD) in connection with the submission of the public housing program of the agency and implementation thereof: The PHA certifies that it will carry out the public housing program of the agency in conformity with title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 504 of the Rehabilitation Act of 1973, and title II of the Americans with Disabilities Act of 1990, and will affirmatively further fair housing by examining their programs or proposed programs, identifying any impediments to fair housing choice within those program, addressing those impediments in a reasonable fashion in view of the resources available and working with local jurisdictions to implement any of the jurisdiction’s initiatives to affirmatively further fair housing that require the PHA’s involvement and by maintaining records reflecting these analyses and actions. ___________________________________________________________________________________ PHA Name PHA Number/HA Code I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate.Warning:HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) Name of Authorized Official Title Signature Date HRA of Hopkins, Mn MN078 Board Chair HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 547 RESOLUTION APPROVING THE HOPKINS HRA 5-YEAR PLAN AND THE ANNUAL AGENCY PLAN AUTHORIZING THE CHAIRMAN AND EXUCTIVE DIRECTOR TO EXECUTE THE CERTIFICATIONS NECESSARY FOR SUBMISSION TO HUD. WHEREAS, the Housing and Redevelopment Authority In and For the City of Hopkins, Minnesota, (the “Authority”) operates a Low Rent Public Housing Program; and WHEREAS, the Authority, as a requirement of the Quality Housing and Work Responsibility Act of 1998, finds it necessary to implement a five-year agency plan and an annual plan; and WHEREAS, the Authority has established a process to address the ongoing capital needs of Dow Towers and utilize the Capital Funds for these purposes and plan for possible projects over the next five years by the developing the 5-Year Plan; and NOW, THEREFORE, BE IT RESOLVED, that the Authority Board of Commissioners hereby approves the Annual PHA Agency Plan and 5-Year Plan. Adopted this 4th day of October, 2022 ___________________________ Patrick Hanlon, HRA Chair ATTEST: __________________________________ Muse Mohamed, Executive Director HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION No. 548 RESOLUTION AUTHORIZING ACCEPTANCE AND USE OF 2022 CAPITAL FUNDS WHEREAS, the Housing and Redevelopment Authority In and For the City of Hopkins, Minnesota, (the “Authority”) operates a Low Rent Public Housing Program; and, WHEREAS, the Authority and the Department of Housing and Urban Development will enter into a Capital Fund ACC Amendment for Fiscal Year 2022 for the purpose of carrying out capital activities at Dow Towers. NOW, THEREFORE, BE IT RESOLVED that the Authority Board of Commissioners hereby authorizes the Authority to accept an estimated amount of $119,868.00 in Capital Fund Program funding and authorizes the use of such funds. Adopted this 4th day of October, 2022 ________________________________ Patrick Hanlon HRA Board Chair ATTEST: ___________________________________ Muse Mohamed, Executive Director