03-194Council File # 0 3 I q y
Green Sheet # 204595
Presented By:
RESOLUTION
OF SAINT PAUL, NIINNESOTA
o�.
Referred To: Committee:Date:
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2 WHEREAS, the Saint Paul Police Department needs authority to implement the attached agreement
3 with the Public Housing Agency of the City of Saint Paul (PHA) to continue the A Community Outreach
4 Program (ACOP) from April 1, 2003 through March 31, 2004; and
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6 WHEREAS, since 1991 the PHA and the City of Saint Paul have collaborated to provide the community
7 policing program known as ACOP to create a drug-and crime-free environment for the safety and
8 protection of residents, employees, and visitors in public housing developments; and
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10 TFIEREFORE BE TT RESOLVED, that the City Council authorizes the City of Saint Paul to enter into,
11 and Chief William Finney to implement the attached agreement with PHA which includes an
12 indemnification clause. A copy of said agreement is to be kept on file and on record in the Office of
13 Financial Services.
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Requested by Department of:
Police
Adopted by Council: Date: `��, _ �,� �
Adoption
B y : _�
Approved by
Council Secretary:
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B
Approved by Financial
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City
for
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� to C�yi ncil
By:
ContractNo.03078 ����e,t�
Service Provider
ACOP FY04
CONTRACT FOR SUPPLEMENTAL POLICE SERVICES
This Contract is made and entered into this 1 day of Apri12003 by and between the
PUBLIC HOUSI\'G AGENCY OF THE CITY OF SAII�T YAUL ("PHA"), and the
CITY OF SAINT PAIiL ("City"), acting by and through its DEPARTMENT OF
POLICE ("Police DeparhnenY') for the provision of specific police services to improve
the safety, security and livability of the PHA's public housing properties.
WHEREAS, since 1991 the PHA and the City have collaborated to provide the
community policing program known as A Community Outreach Program ("ACOP") to
create a drug- and crime-free environment and to provide for the safety and protection of
residents, employees and visitors in pubiic housing developments; and
WHEREAS, the PHA desiies to continue the ACOP program; and
WHEREAS, the City, by and through its Police Department, desires to assist in the effort
by providing effective police services at PHA locations;
1�OW, THEREFORE> the PHA and the City a�ree as follows:
Section 1. Scope of Services Provided by the City
The City agrees that the services rendered by the personnel assigned to the ACOP unit
under this Contract (licensed, swom police officers and non-swom civilian employees)
are in addition to baseline police services, and that routine police patrol and response to
911 calls in public housing developments wi11 continue to be the responsibility of other
Police Department personnel normaliy assigned to such duties in their areas. The level of
these and other baseline police services will not be reduced.
The duties and extent of services of the Police Department shall include, but shall not be
limited to:
A. The City, by and through its Police Department, will assign one police officer of
at least the rank of sergeant and additional police officers and civilian staff to
perform specialized patrols to enforce all state and local laws and the PHA rules
specified in this Contract. Sworn officers shall at all times remain part of, subject
to and in direct relationship with the Police DepartmenYs chain of command and
under Police Department rules, regulations and standud operating procedures.
B. The City agrees to assign police officers to targeted areas during specified periods
of time identified by the PHA and agreed upon by the Police Department.
C, The City agrees that the Police Deparhnent will employ a community policing
concept and that ACOP personnel will be based at PHA locations as mutually
o3-��y
Contract No. 03078
ACOP FY04
Page 2 of 10
agreed between the PHA and the Police Department. The City further agrees that
the Police Department will develop and maintain communications with residents
and will assist in developing or enhancin� crime prevention programs in public
housing communities.
D. The City agrees to collect and provide police workload data in public housing
development and crime statistics, subject to federal and Minnesota state laws.
This Contract provides sufficient basis for the exchange beriveen the City and the
PHA of data and information described in the Contract. A request for information
or data outside of the scope of this Contract shall be in writing.
E. It is further agreed that, upon proper notice but without necessity of a subpoena,
police personnel will appeaz as witnesses in the PHA's administrative grievance
procedure, civil dispossessory hearings, or other civil or court proceedings where
the issue includes criminal or quasi-criminal conduct on or near public housing
property involving any resident, member of a resident's household, or any guest
or guests of a resident or household member, or where the issue includes any
criminal or quasi-criminal conduct off public housing property involving any
resident or member of a residenYs household.
F. Without limiting any of the foregoing, the City agrees that with respect to the
services to be performed by any police personnel in accordance wi[h this
Contract, the appropriate Police Department Officer or Supervisor will meet �vith
resident leadership and management representatives of the PHA on a routine basis
for the purposes of reviewing the enforcement and prevention efforts and
planning for future changes or modifications anticipated by this Contract. These
meetings shall occur at least quarterly.
C,, The City agrees that Police Department personnel assigned to the ACOP unit
work exclusively on public housing related matters, unless they are needed by the
Police Department as additional support in an emergency situation.
H. The City agrees that it will provide the assigned personnel with such basic
equipment and vehicles as may be necessary and reasonable in order to allow the
police officers to carry out the duties anticipated under this Contract. Any
additional motor vehicles, bicycles or other equipment which are requested by and
are fumished at the expense of the PHA shall remain the property of the PHA.
The PHA and City may mutually agree to lease equipment or vehicles.
The Police Department will provide at a minimum sixteen (16) hours of training
on community relations and interpersonal communications skills to new staff
assigned to ACOP.
The Police Department shall designate a command officer as the Administrative
Liaison Officer, who will work in concert with the Executive Director of the PHA
Contract No. 03078
ACOP FY04
Page 3 of 10
or that official's designee. The Administrative Liaison Officer may be the same
person as the officer of the rank of seraeant or higher, as required by Section 1.A.
The Administrative Liaison Officer will perform the following duries:
Coordinate the dissemination and processing of police and security reports
in accordance with federal and Minnesota state laws, provide supervisory
assistance, and coordinate in resolving problems or carryin� out the
provisions of this Contract;
2. Establish and maintain an on�oing line of communication with Police
Department commanders and other police personnel;
3. Prepare quarterly progress reports and evaluations of services requested
and provided under this Contract for review by the Executive Director, the
Police Chief, appropriate Deputy Chiefs and Police Department
commanders and others as may be requested by the Executive Director or
that official's designee;
4. Initiate and monitor ongoing lines of communication with PHA staff and
resident leaders to effectively employ the community policing concept and
to address in a timely manner concems raised by community leaders;
Assure that he or she or a designee will attend Resident Council meetings
as requested by the PHA;
6. Assist or advise in the planning and implementation of other security
programs within the PHA; and
7. Establish a clearly defined process for reporting to the PHA staff non-
emergency criminal activities, which shall include prompt reports,
including "calls for service" reports by Police Department staff, in
accordance with federal and Minnesota state laws, of criminal activities on
PHA property, to facilitate appropriate response and tracking of such
activities.
Section 2. Scope of Services Provided by the PHA
A. The PHA will provide training, where appropriate, to ACOP personnei on public
housing mana�ement issues and will assist the Police Deparhnent in providin�
training to residents and PHA staff on community policing and crime prevention
issues associated with public housing. This training shall include, but not be
limited to, the followin�:
o s-�'i�
Crime prevention and security responsibilities;
p � -�gy
Contract No. 03078
ACOP FY04
Page 4 of 10
2. Community organization/mobilization a�ainst the causes of and precursors
to crime;
3. Drug awareness and control;
4. Orientation and familiari2ation with the public housing communities for
the assigned officers; and
5. Orientation to the lease contract, and lease compliance enforcement
procedures and policies.
B. The PHA will provide the following in-kind accommodations, services and
equipment:
Accommodations — The PHA will provide suitable space to be used as
office space at locations as mutually agreed upon between the PHA and
the Police Department.
2. Services — Office space provided by the PHA will be supplied with all
utilities except telephone. The PHA also shall provide all labor,
equipment and materials necessary to provide routine maintenance and
repair service to maintain the space in good working order, including
maintenance and repair of electrical, plumbing, sanitary, heating,
ventilating and other faciliYies and appliances supplied by the PHA.
3. Equipment — Office space provided by the PHA will be supplied with
other additional equipment mutually agreed upon in connection with the
performance of this Contract.
4. Modification/Damage — The PHA will make reasonable modifications,
including minor structural, electrical and mechanical changes to the
accommodations provided in order to meet the City's operational needs.
Any daniage to the unit or equipment provided by the PHA for City
employees, which the PHA determines to be above normal weaz for the
item or accommodation, shall be repaired or replaced by the City at the
discretion of the PHA.
C. The PHA shall adopt policies and procedures requiring its staff to promptly report
to the Police Department any criminal activities occurring on PHA property, to
facilitate appropriate response to and tracking of such activities.
D. The PHA reserves the right to reasonably request the Police Department to
replace any ACOP personnel for the following reasons:
Contract No. 03078
ACOP FY04
Page 5 of 10
Ne�lect or non-performance of duties;
2. Disorderly conduct, use of abusive or offensive language, or fighting;
3. Criminal action;
4. Selling, consuming, possessing or being under the influence of intoxicants,
including alcohol or illegal substances, while on assi�unent to the PHA;
5. Substantiated complaints from public housing residents or management.
The PHA shall provide written enumeration of the reasons for the request
for the replacement of the ACOP personnel, including documentation and
wimesses to the alleged behaviors.
E. The PHA will provide the City with the applicable PHA rules and regulations for
compliance with this contract.
Section 3. Enforcement of Rules and Regulations
A. The Police Department is hereby empowered to enforce the following PHA rules
and regulations:
1. Authorized to remove unauthorized visitors in unoccupied structures of
the PHA.
Z. Authorized to reinove unauthorized visitors on PHA property who are
creating a disturbance or otherwise interfering with the peaceful
enjoyment of other PHA residents.
3. Authorized to remove and/or bring criminal enforcement actions against
unauthorized visitors who aze destroying, defacing or removing PHA
property.
�Vith regard to the foregoing rules and regulations, the Police Department
is hereby authorized, on behalf of the PHA, to give criminal trespass
wamings to any persons deemed to be in violation of the rules or
regulations, that is, to give notice to any violators that their entry on the
property or premises is forbidden, and to arrest or cause the arrest and
prosecution of any violators, when appropriate.
B. The Police Department is also authorized to enforce the parkin� provisions of
Saint Paul Legislative Code, Section 157.20, Public Housing Agency of the City
of Saint Paul — Parking Restrictions.
o � -t`l'{
Contract No. 03078
ACOP FY04
Page 6 of 10
C. The Police Deparhnent is hereby empowered to have removed any and all
vehicles found pazked in violation of said rule or regulation, pursuant to
established City procedure for impounding vehicles.
D. The Police Department is hereby empowered to enforce such additional PHA
rules and regulations and perform such other duties as shall be specified in any
addenda attached hereto or incorporated herein now or in the future•
E. Nothing herein contained shall be construed as permitting or authorizing police
officers to use any method or to act in any manner in violation of law or their
swom obligation as police officers.
Section 4. Communications, Reporting and Evaluation
oz -
A. Communications — Access to Information. The City agrees that the PHA will
have unrestricted access to all public information, in accordance with federal and
Minnesota state laws, which in any way deals with criminal activity in any of the
PHA's communities. Such information includes information made public
pursuant to the Minnesota Govemment Data Practices Act or any other law
making information public or accessible to the PHA. It is further agreed that the
Police Department will provide to the PHA copies of such public incident reports,
arrest reports or other public documents which document or substantiate actual or
potential criminal activity in or connected with the public housing developments
in accordance with federal and Minnesota state laws. This inforxnation will be
provided at no cost by the Police Department on a regular basis in accordance
with specific procedures that have been or will be established.
B. Reporting. The Police Department will provide reports, in accordance with
federal and Minnesota state laws, to the PHA describing the activities supported
by PHA funds. These reports may be provided monthly, quarterly or as otherwise
requested by the PHA and may include the following data:
2.
3.
4.
�
Hours worked: foot, bicycle, motorized, other
Calls/requests for service
Refenals to City/PHA/agencies
Suspicious persons — name and description
Vehicles abandoned/towed/stolen
Drug paraphemalia confiscated/found
Arrests/citations of both residents and outsiders to include age, sex,
ethnicity
g. Property recovered/stolen
9. Advise residents and visitors
10. Hazardous or quality of life issues in the area such as broken lights
11. Graffiti
ContracY I3o. 03078
ACOP FY04
Page 7 of 10
12. Conflict resolution; e.g., resolved apparent or actual conflict beriveen two
or more people
13. Vehicle license number of suspicious persons
14. Weapons violations/seized
C. Media Coordination. The Police Deparhnent will relay to the Executive Director
or his designee information related to any major crime or incident that occurs on
PHA property, preferably before the media is informed or as soon as possible, in
accordance with federal and Minnesota state laws.
D. Evaluation. The City and the PHA shall cooperate on future evaluations of the
community policing program in public housing.
Section 5. Plan of Operation
The Police Deparhnent and the PHA shall continue ta administer the ACOP community
policing program. At the request of either party, the parties shall jointly prepare a more
specific plan of operations for use in preventin� or eliminating drug-related crime.
Section 6. Term of Contract
This contract is effective as of April l, 2003 and shall continue in effect until the
PHA funds allowed to be spent under this contract are exhausted (estimated to be
March 31, 2004), or lon�er if additional funds are awarded by the United States
Department of Housing and Urban Development (HUD) or secured from other sources,
unless earlier terminated in accordance with the terms of this Contract.
Section 7. Compensation to the City
o � -�q�t
A. All compensation to the City will be made on a cost reimbursement basis. The
PHA will reimburse the City for services specified in this Contract in a total
amount not to exceed Three Hundred Ninetv Thousand Dollars ($390,000) in the
foilowing expense category:
Assigned Personnel Salaries $390,000
Other — For police officers assigned to the ACOP unit, the PHA agrees to
reimburse the City for up to 30 consecutive days of sick leave or for 30
consecutive days of a duty assigmllent other than patrol duties, but only for
services performed in accordance with this Contract. Any additional sick leave
benefits or salary due to such ACOP officer is the responsibility of the City.
Attachment A to this Contract illustrates the approximate use of these funds.
Contract 1�'0. 03078
ACOP FY04
Page 8 of 10
B. The PHA shall reimburse the Police Department on a monthly basis, upon
performance of the proposed activities and receipt of invoices evidencing
authorized expenditures.
C. The City shall provide the following documentation in requesting reimbursement:
Copies of Certified Payroll Time Reports documenting names, employee
identification, hours worked in public housin� developments, supervisory
approval of the report, and supervisory verification of the necessity for any
overtime worked.
D. All requests for reimbursement are subj ect to the approval of the PHA's
Executive Director, or that official's designee, and the PHA shall thereafter make
payment of the approved amount within thirty days of receipt of the request for
reimbursement.
Section 8. Audit Requirement
The City and the Police Department shall have their financial records audited annually
(as part of the City's annual audit) by an independent auditor and provide to the PHA a
copy of the audit report, which is required for the City as a subgrantee of federal funds.
The audit shall include the PHA funds expended under this agreement and shall
conform to the requirements of OMB Circular A-128 or ]ater OMB circulazs as
applicable. Any audit finding relating to use of the PHA funds under this agreement
must be addressed and cleazed in a timely manner.
Section 9. Non-Discrimination
The PHA, the City and the Police Deparhnent agree that in the administration of the
program(s) no person shall, on the grounds of race, color, religion, creed, national origin
or ancestry, familial status, sex, status with regard to public assistance, marital status,
disability, age, sexual or affectional orientation, political or other affiliation, be excluded
from participation in the program(s) or be denied benefits of the program(s) and agree to
comply with all federal, state, and local laws regarding discrimination.
Section 10. Data Privacy
All data collected, created, received, maintained, or disseminated by the City, the Police
Department or the PHA for any purposes in the course of the performance of this
Contract is govemed by the Minnesota Govemment Data Practices Act, Minn. Stat. 13.01
et seq., or any other applicable state statutes, any state rules adopted to implement the
Act, as well as federal regulations on data privacy. The parties a�ree to abide sirictly by
these statutes, rules, and regulations.
o�-�9y
The PHA has designated, and the City and the Police Departrnent agree to designate, a
Responsible Authority pursuant to the Minnesota Govemment Data Practices Act,
0 3 - lq4
Contract No. 03078
ACOP FY04
Page 9 of 10
Niinnesota 5tatutes Chapter 13, who is the individual responsible for the collection,
maintenance, use and dissemination of any set of data on individuals, govemment data,
or summary data pursuant to this Contract.
Section 11. Indemnification
The City does hereby release, dischazge and agree to indemnify, protect, defend and save
harmless the PHA from liability for any cost, damage, expense, injury or other casualty,
to any person whomsoever or property whatsoever caused by or arising out of the Police
Department's use and occupancy of PHA property or services provided under this
Contract, provided that such indemnification sha11 not be applicable where a decision or
judgment of a court of competent jurisdiction indicates that said casualty to person or
property was the direct result of acts of commission, omission, negligence or fault of the
PHA, its agents or employees.
Each party agrees that it will be responsibie for its own acts and/or omissions in carrying
out the terms of this Agreement and the results thereof to the extent authorized by law
and shall not be responsible for the acts and/or omissions of the other party and the
results thereo£ The liability of the City of Saint Paul and the Public Housing Agency of
the City of Saint Pau1, and their respective employees, officials and agents shall be
govemed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes,
Chapter 466, et seq. and any other applicable law.
Section 12. Right of Entry, Inspection and Repair
The PHA, through its authorized employees or agents, shall have the right to enter the
office spaces assigned by the PHA at any time, without advance notification, when there
is reasonable cause to believe an emergency exists or during regular business hours upon
one (1) day's notice for ihe purpose of inspection or repair of the office spaces or
equipment therein or for such other purpose as may be deemed necessary by the PHA.
Section 13. Disposal of Personal Property
The PHA shall have the right to sell, destroy or otherwise dispose of any personal
property left on the premises by the Police Department after the Police Department has
vacated or abandoned the premises
Section 14. Amendments; Termination
A. Chan�es in the terms of this Contract may be made only by written amendment
mutuallyagreed upon and signed by both parties.
B. Either party may terminate this Contract upon providing thirty (30) days written
notice to the other party. Such notice shall be delivered by Certified Mail, Retum
Receipt Requested.
Contract No. 03078
ACOP FY04
Page 10 of 10
5ecrion 15. Attachments
The following attachments aze hereby incorporated into this contract by reference:
Attachment A: Budget Narrative
Attachment B: PHA Family Dwelling Lease
Section 16. Benefit and Duty
This Contract will be binding upon and inute to the benefit only of the parties hereto. No
third party or parties will derive any benefits from or have any rights pursuant to this
Contract. Nothing in this Contract is intend�d to, nor does it, create a special duty on the
part of either party to each other or to a third pariy.
This Contract supersedes the most recent contract and all other previous contracts entered
into by the parties for the same purpose as this Contract is made.
By signing below, the Public Housing Agency of the City of Saint Paul, and the City
of Saint Paui, Department of Police enter into this Contract which shall take effect on
the date stated above.
PUBLIC HOUSING AGENCY OF THE CITY OF SAINT PAUL
By:
Its:
By:
Its: Controller
CITY OF SAINT PAUL
By:
Its: Chief of Police
By:
Its: Director, OFS
By:
Its: Assistant
Attorney
:
By:
Its:
, City of Saint Paul
Rights Dept.
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ARTMENT OF POLICE
03 -�9�
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_. _ . : � ._ �. _ _. .. _��
DEPARTM IOFFICEICOUNCIL DATE INITIATED
r'oli� znoio3 GREEN ET No. �� 20459
" CONTA P INITIAL/D INI17Al/DATE
, Cltief William Finney 292-3588 1 OEYARTYQif qRECfOR 5 cawa� `
MUST BE ON COUNCIL AGENDA BY (DATE) JJ � ���, {
.. . Please process ASAP. ❑3 «rcnrroa�r �" y �mvc�mK
� , c ,�ruvwan�SERVICFSq0._ �SERV/RCCTG
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, �uroa�oansnsrun� ��wwrirts
TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
>
CTION REQUESTED
' Sigtatures requested on the attached Council Resolution authorizing the City of Saint Paul to enter into, and
Chief William Finney to implement the attached agreement with the Public Housing Agency of the City of Saint Paul (PHA).
, �`''�'s\r�D
� FEB 3 2003
RECOMMENDA710N Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING DUESTIONS:
1. Has this perso�rtn ever worked under a contract for this department?
PLANNING COMMISSION YES n70 MAYOR OFf10E
CIB COMMI7TEE 2. Has ihis persa�rtn ever been a city employee?
CIVIL SERVICE COMMISSION YES NO
3. Does this person/firm possess a skill not normally possessed by any curten[ city employee�
, YES NO
4. Is �his persoNfirm a targeted vendoR
YES NO
Explain all yes answers on separete sheet and attach to green sheet
, INITIATING PROBLEM ISSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHY)
The Saint Paul Police Department needs authority to implement an agreement with the PHA to continue the A Community
Outreach Program (ACOP) from April 1, 2003 through March 31, 2004.
„�,,�c��'�°° „�"_ ,
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ADVANTAGESIFAPPROVED
Ability to partnerslup with PHA and confinue the ACOP Program which provides a drug-and crime-free environmem for the:
safety of residents, visitors, and employees in public housing developments. ,_
� DISADVANTAGESIFAPPROVED �
None.
' DISADVANTAGES IF NOT APPROVED
Increased crime and reduced police protection in public housing developments in Saint Paul.
70TAL AMOUNT OF TRANSACTION $ $390,000.00 COSTIREVENUE BUDGE7ED (CIRCLE ONE) YES NO
- FUNDING SOURCE Public Aousing Agency of Saint Paul ACTIVITY NUMBER 04100 and 34105
FINANCIA� INFORMATION (EXP W N)
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ATTACHMENT B
o ,, _��y
PUBLIC HOUSING AGENCY OF THE CITY OF S.�'T P.�UL
FA-HIIL1' DEVELOP!'lENT DFVELLII�G LEASE
Unit Iden[ification N: _
V ame ot Tenant(s): _
Address:
D��'elling UniC _
Number otBedrooms:
1'he Public Housiag Agenry of the Ciry of Szint Pzul (P�+), ��s Lease called °Management" lexses to the Tenant Family, in this
Lezse called "Teoan[", the dwelling unit az desenbed above according to the tuxns and condirioas sEated in tlus Lcase. The tecm,
"dwciling ua+P', refers ro the li�ring unit and adjacent azea assigncd fox the Tenan45 czclusive use and to tLc azea(5) assig¢ed in
Scction 8. of this Lcase.
1. TERM OF LEASE• RENEWAL OF LEASE
This Lease begins on , 20 . This Lease wi17 automatically xen<w aanually, unless :aded by either
Managemen� orTenant as provided in tLis Lcase or as otLernise ¢quaed hy law.
Th< Tertants household has the right m the ezclus:ve use and occupaney of the unit This rigUt izdudes haviag gues+s sEay m the umt
up ro Fiftcen � I5J days per guest per calendar yeaz. Upon a showing of special cixcumstaneet or need, Managemmt �ay extend tkus
period for a masonable additional time, not [o exceed ihiriy (30) days. Tnis lunitafioa does not apply to live-ia aides and fostez
children who may reside in the unit with the corsent o: Management
3, ppyMENTS DUE Uh'DER THE LEASE
p. Rental Pavments ,
]. The £ust rent payment for the period beginvng . 20 _, and ending
20 , is b .'[his payment is due at tLe time this Lease is siyned
2. The monthly rent of S is due on or before the Frt day of woh moath begivnmg
� 20 .'IGis montNy :cnt may changc foc reasoas statcd in Sectioa 5 of this
Leasa If rent is not paid on time, a late fre will be charged in an amount as provided in tLe Admissioa and Occupancy
Pot�cies. A fee will also be thazged in an amouac as provided ia die Admission aad Occupancy Policies for c6ecks
renuned fox non-su�cient funds or account closed.
3. If Tenant waats to end this Is.ase (See Sectlon 9.B.), the Tenant is iesponsble for icn[ pxorated oa a daily bazis For a
minimum of [hirty (30) days aP.er the Tenan[ haz givea azitte¢ aorice to Management of aa Ixtent ta Vacat 30 ��s
Tcnant wznts to end tl�is Leaze but fai]s to give Management a wrinen noticq rcni will be chazged fox thixty O Y
from tLe day Managemen[ lcams the Tenani haz movcd.
B. Securitv Deposi[
"Che Tenant 6as agreed to pay S as a secu.-ity deposit with Mznageaeat 'Che security deporit will be held by
Mznagement in accordance witL the Ads.issioa and Occupancy Policies, Minnesota law aad Fedeal regularions.
C. Charees Due
Chuges for, but no[ limited to, maintenance and repai, late rent payment fee, fee fo[ ietumed check5, end legally allowable
couct costs aze due and collec¢ble two weekt after Managemrnt gives tiniT.ea aotice to lhe Tenaat of the chai8�s.
HD<23C - Famity Development Dwdling Lesse
Rev ]IIR000
P�ge 1 of5
2. MEMBERS OF AOUSEHOLD
Onlv the following persons xnay ceside in the dweliing unit with the named Tenant
- _
. � 0�.19�{
;, ��TILIT[ES
A. Management will pay tk�c full cost of�watee, gazbzge collec¢oa aud sewec service acd will fum�sh e range (stove) and
rcfrigaamr.
B. Tenant is �esponsible foi the peyment oFgas, electricity snd heat
As pazt of th� de[exminarion of [ha montLly rm; MxnagcIDrnt agreu to adjust tf�e:ea: by the appliczble utility zllowanee az
suted in Managcmm�'s Adm�ss'°a md Occupaacy Policia.
5. REDETE1N111vwti�:� �r a.r.... .. ' _ _ " _
A. Red t m+�ation of Rent
pt lras[ ouU each yeaz, and other ti.�nes az durnbed below, Managemen[ will deci�e whether th� Tc�an45 rrntal rnte sLo
be change3, whether the dwelliag uzit size is sull appropriate for the size andlor co�:posilioa of the Teaants household, and
whecher che Tenxnt is eLgble for continued occupancY � accordance with ihe Ad�srion and Occupanry Policia which aze
availabl: fot review zt tku Mz^.agemcnt Offi::.
As requcsted by Managemeat at ihe vme of the iederexmiazuon, Tenant shall provide accuate cu:rent infoxmahoa
eoncexsi�g:
7, Thc number of pcople in Trnaat's Louschold, tl��u agu, geadex and any otha infoxmatioa requixed by
M2nzgement
?, The source and amoun[ of income received by evuyor.e in the Teaant's household.
3, pny sllowaSle deducro�s.
ilie rcCzartn�nation for contir.ued occupaz:cy will ia�lude a review of TenanPs mnt paying history, housekeeping inspection
resul[s, record of coopexarion with ManagemenYs pest conao] progzx¢ and all otha Leaze eompliantbehavior.
B. Interim Redeterminatlon
The reatal mte shown in Sectloa 3. will ttmain ia effect for the paiod be[ween regulaz �eni redetemiinations unless dunng
suchperiod:
1, There is an addition or lost of any adu!t raembei to the Twant's houschold or the addition of any minor aoi bom
�n�� �e household during dtis tenancy.
2, There is zny inecease in mouthly g:oss ho�sehold iacome of 5400 ox more, whether oceumag due to oae income
inerease or due to nore :han one inerease or the cumulative inereases of mom thaa one family member.
3, '1'k�ere is a¢y ceported deaease in income or an inaease ia zllowanccs or deductions ihat would rosult in a re¢t
decrease.
4. T'he cucrent rental rate was calcula:ed fox a temporary time period due m ihe inability to accurately predict income
fo� an xonual period 'his includes, but is not limited tq all hossehotds whose total inoome is zexo.
A change in income or family composition as specified above mus[ be reported to Management witLin 30 days of its
occurrence.
The effecti�e date fct chznges in rent hased on interim redetemdnarions will be in accoidance with :he Admission and
Occupancy Pohues.
il die rental a[e is adjusted, Management will mai] or deliver a nofice of rent adjustmentto the Tenant in accordance with Sttfion
I 1.
Faiture by a Tenant to report any inereases in household income during a scheduled rwt and income review or as
specified under Sectian S.B. Interim RedetermivaKons, or tailure to appear for a scheduled rent and income revtew will be
considered a serious and material violatian o[ the Lease and will resuit in any rent increase being etfective retroacfive to
the time Ifie increase would have been made.
C. Chan�eofUnitSize
Management will gi�•e mtice to Tenant that Tenant will be requced to move [o znother unit tLat is deceat, safe and sanitary
and is of an zppmpnate size �md<r Managemenc's Occupaucy Standazds in accordance with the Admission and Occupaacy
Policies under the following circumsianecs:
1. If Management decides that the Tenant is living in a unit wltich is lazger or sxnallec 1Laa the PHA's Occupancy
Standards allow for thc houseSold size avd composivon; oz
2. ff Manzgement decides tLat tk�e uait is othmvise inappzopriate foc the tousehold size oc composition including, but
not limited to, when a unit modiEicd for bandicapped pttsoa5 is being occupied by a household wiihout handicapped
persons; or
3. If Management decidcs that the unit rcquues substantial xepairs ot is scheduled fox modemiza¢on a[ is noT m
deceut, safe and sani[ary conditioa
Aftcr being mtified of the new unit's availa6itiry, �e Tenant must move to the offered unit wi4n�n thirty (30) days of the date
of noaficauon. If che Teoant fails to move as required by Management, ihen?vlanagement hu ihe rigb� to take legal acaon to
tertr.ir.zre this Lease.
Termet may asx for an cxplxaxdon statng the specific grounds of the PF3A determinatioa. If tim Tenxat doa aot agee with
the detcanination, the Tenant Las the right to requesi a Learing under Managem:nPs Grievance Procedute.
6, �YpGEMENT'S OBLIGATIONS
M a eme t e ees ta do the followine:
A. Repmr and mainW in the dwelimg um4 �quipmrnt and tpplianees, and the commoa azeas and facdiEes wMch axe needed
[o keep che housing m decent, safe and sanitary cor.dition.
B. Comply with all requiremrn� of applicable stak and local building and ho•,ssing codes and HUD mgulatioas co¢ce:nin3
ma¢ezs materially affecting �e health or safety of the occupanu.
HOa14G - Family Develo�mrnv Dwtlling Fxese
Rer. 7II/1000
Pege 2 of 5
___ _ _ __
• . o a
C. Kecp devclopmeat buildiags, facilities and commoa arcss, not otherwise assipyed to tenauts fox maintmance and
up�eep, in a cleaa and saR conditioa
� D. Maintain ekchic�l, plumbing, saniluy, hcating, veatilating and other facilitiu and appliaaces, supplied oc sequired to be
suppliul6y Msaxgement in good aad safe worldng oider and condition.
E. P:o�ide Czsh and gazbage coatzmtts foz the pxemises.
F. Supply :unning uztcr, and xeazonable �ounu of hot water and reasonable amouc6 of heat at appcopaate times of TLe
yeaz, aIl in compl'xace u�ith appliwble s�[e law aad cily ordinance.
G. Tharoughly clan the dwelliag unit xs aecessary befoxe the transfei of the?rnaat from oae dwelling wit to znotha and
6efore a new Tec�t moves in.
H. Offer thc Tena�t a ieplatement dwe1L'ag unit, if ava�a6le, if the conditioa of tS: TenaaYs presect dweL'ing unit is
ba�ardous to de "-=aleh or safery of t_e occupaals xnd [he condiaon is not coaected in a xez5onable Ome. Rent wy�l be
abated in proponon [o tS: seriousncss of thc damagc znd loss in value of a dwcLag if repaus aro aot made withID a
rcxsor.abte tur.e er alcevxove accor.�odatiors axe not provided ia accoi&.nce with tbis p�ganh, ex�ept tLat no
abzremer.[ of ser.: wilt occur if tLe ienzn[ mjec[s iLe aleemative accommodation or if the damage was rzused by the
Tena�S Tcaxct's ^o+.sserold or guesis.
I. Give t6e Tenzat reasoaable notice of what cextifica¢oa, xdexse, infoxmaROa or docusenulioa must be givea to
Mxciagcment, iadudixg the date by w*_ich any such item mus[ be givea
J. NoSfy the Tenzn: of che speci5c gxoua35 for aay proposed adveae action by Maragemeat
7, OBLIGATIO\S OF TE�.��TS. T'fEMBERS OF HOUSEFiOLD tL�'D GIIFSTS
The Tenant agrees to obey the foilowing xules. The'Icnaat is also responsble For causing cneabers of the ho.ssehold and guests �
m obey the follow•mg m1es.
p. The Tenant shall:
l. Pay rcnt on thc fis[ day of thc month
2, Pay xeasona5le enuges, in accocdance witl� the cuaent schedule of charges posted in the Management OfficF for ihe
repaix of dxmages beyoud noxmal weaz and leaz to tLe uni; developmeat buildings, facilities, commoa azeas, oc grounds
caused by eicli:z intenbonal oc aegligeat conduc[ of Tena¢; members of the havsehold or guuts.
3. Use the uait solcly zs a private place to live foc the Tenant and members of the Tenant's household as identified ia
Sectio¢ ?., xnd not to usc tLe unit o[ peani! its use for any other puiposc. This provisioa does not exclude roasonab7e
accommodatio¢ of TenanYs guesss or visitois, wbo aze visiting with Trnant for puiposes ocSex than to ata6lish
residency in Saiat Panl, for a pcdod of 4me not to excecd fdteea (IS) dzys ptt calen3az yeaz. (See Section �).
4. Ask fo� coasece of Management before memben of the household engage in any pxofit malong acrivities in the dwelling
unie. Marx3er ent must also decide whe[her such acrivibes aze kgal and are inadeatal ro the pximary use of tLe Leased
unie for reside�ce hy members af the household.
S. Obey [he wnr.en regu!anons posted � the Management Office. Tnese cegulaions aze made a part of this Lease by
re(erencc.
6. Keep the unit in a clean and safe condition.
7. Dispose of alt gxrbage, xuhbish and o•,her waste from tlie unit in a sanitazy and saS manner.
8. Use only ia a reasonaSle manner all electacal, plumbing, heatiug, venrila[ing, and otLa facilities in ihe development
buildings and common azeas.
9. 2ark vehicles only in designated psking areas and in a manner wluch will not obstruet �afFic znd not pennit aay
vehides [o rcmain in tha parki¢g a:ea ox othex part of [Le housing development when such vehicle is no ]onger in
operating cond�oon.
10. Immediately rcport to the Mznagement OfFce any vandalism to Ihe piemises.
I L Inmediacety rcpmt ro[he Maintenan:e Office any need for repa¢ to [he in[erior o[ exterior of the dwclling uni[ and any
o[her area tsed 6y [he Tenant m conaccrion with the TenanYs occupancy of the unic
12, Participate in a ffaining pxogrnm on houseAeepiag, yazd and homc caze sldlls if !vianagemrnt dcrides tLat the <ondirioa
of the u�it does not meet d�e ho•.uekeeping standards set forth by the PEiA. Such haining vnll ba p:ovided by
Management
13. Comply witL tk�e communiry secvice oc self-sufficiency requirements ia accoidauce with Fedcal law, regularions and
Manageneni's Admission and Occupancy Policies. Each adult member of the TenanYs houseLold must comply with
thcse requ'se:aents.
B. The Tenant shatl not:
1. Assign or ¢ansfer Ihe Lease ot sub-Lease tne unit
2, Pmvide housiag for Soardea or lodters.
3. Dismrb ocher ¢nan[s or neighboes z�d shall prevent disturbance of othec tenanu oraeighbors by guests, visitors ox otLex
persons under contro! of household members.
4. Scatter eubbah, damage, desnoy, defzce or remove any part af the dwelling uaii or premises, and shall prevrnt sucL
scattering of nibbish, damage, dcsGVCaon, defacemrnt ox removal by guestz, visitors or other persoas under conIIOl of
househald me�bers.
5. Engage in, or allow membeis of Ihe household, guests or anothu pexson undcr TenanYs coaffol to eugage in any
aiminal acu��ity, including dxug-xda[ed eeiminal activiry, that threatms the health, safety, oz rigt[ to peattful enjoyment
of [ae publx aousing premises by oiha tcnants or employecs of the Management.
6. Cont�nit zoy frzud ia connecrion wi:h any Federal housing assistaace pxogrem
7. Makc any mpzus or alterations or mstall any permaneatly a�xed carpct or any equipmeat, including, but not limitcd to,
door !ocla, �'��1:out the writcen approva] of Maaagemeat Installation of satcllim dishes, anm�aas o[ other receprion
devices, shx:l be in xecordxnce with r�les adopfed by Management.
8. Have any degs, cats, fou•I, snakes or other animals oa the pxemises, except small caged birds, fish in aquaziums or smal!
caged animals that wi11 be kepi indoors, in accotdana with the PHA'S Pe[ Policy.
9. Cxea¢ (by act oc omission) or pamit to exist any coadition oa tLe premises wlucL zemlts in a risk to tLe pusoaal health
or safety of xr.y penon or damage to property.
10. Engage in, er allow membas of tLe household, guest5, or anothcr pexsoa under the Tenant's costol m engage in, aay
activiry, including criminal activiry, which impairs the physica] or social environmea[ of the presises, neighboihood, or
the devefoprent.
HDi2aC- Pomily Develep^..rn� OaclLr.g Lcaze
Rev t/1/3000
Page 3 of S
p� -tg4
8. TFYANT MAINTENlu�`CE
Th: Tenant shall rt:aintain walkways, stairs, landings, halfways, grounds, patios zud la-.dscaping adjaceat u the unit If the
Tenant is ur.able w rt:aintain the growds due ro TenaaPs age oc diszbility, .h� Teaant mr.st aotify tLe Managcuent Office. If,
afier no�ificxtion from Mmagemea[ for coxrecuve acfioR �e Tenani negleets to mamtain the areas assigaed, the Tenant shall pay
�o Managene�: xll expenses oecusary fox Mznzgement to mainrain o� repaix these areas.
9. TER�'IINATION OF THE LEASE
A. Managemeut vrill ¢ot tecminate or refiuc to rrnew tLe Lcase aud will aot evic[ Tran[ from the dwelling imit ezcep[ for
suious ox repeated violztioa of aaterial ic�ms of �e Lease or o$er good cause. Scriovs vioktion of tUe Leue mcluda but
is not liai¢d to:
1. Failue of the Te¢ant to ti.zely supply to t�e PHA any cSUficzrion, release, iiosmztioa o� documenID�on on FxmIly
1RCOI :t d55CL5 OI CO�lPD51ROIl.
?. Non-payment of Tenxnt xrnt or otha cLazges.
3. S�ut-ofrofTenznt-purchazeduti]iria.
4. Failu:e to accept a nansfu foc reasons specified in Section S.C.
5. Any ac�viry, notjust cr�inxl acriviry, tLat rhrwteas the health, sa&ty, or right to p�cefvl eajoyment of the pranisa by
other teuznis and public housing employees, or dxug-:elated aad/or criminal acIIVity on or off tLe premises, not jus[ on
or acar the premiscs, or alcohol abuse that Management decida interfaes with the healtly safety, or right to pwceful
enjoymeat of the psmises by o;ha teaants oz aeigLbors, wLen sucb activity has been engaged in by a Tenaa; a member
of the TcnanPs household, a guest or another persoa unda Tenant's coaeol whiie the Trnanl is a Tenxnt ia puhlic
k10ll5N$.
fi. Failure of the Tenant co zccept N.anagemcnPs offet of a new lease rovised in accoxdance with Fedual ]aw and
rcgufz[ions.
7. Failu:e of a member of the family household to comply with i6e communiry se:vice requuemen4 of Federal housing
Imv xnd regufacions.
M�mesota taw provides that a Teoaat automaticatly promises not to knowingly allow illcgal dcugs on $�e premises and tLat the
premises will not be used by rhe Tenant or otk�ezs accng uadec tk:c Tena¢Ys connol to violate eriminal dxug laws. Thc law
provida ihat a breach oF that promi5e xevokes the TenanPs right to possession of tLe ptunises. Minnesota StaNtet, Section
504B.301, funha pravides that if illegal dn:3s oc other illegal items aze seized on ffie p:emises pursuant to Minnesota SEaNtes,
Section 609.5317, Subdivision 1, Teua¢t is unlawfully detaining Ihe premises, unless the Tenant has a dcfease under Minnesota
Statures, Secrio¢ 609.5317, Subdivision 3. Eviction proccedings under tl�ese circumstanecs aze excluded from ManagemenPs
Grievance Proccdure.
B. 'fhis L<ase r.�ay be temiinated by �e Tenxnt at aay time by giving at least tlurty (30) days wdtten notice to Managemen[ on
or beforo fic last day of the month before the moath the tenant in[ends on vacafing �e unit (see Safion 11C.) The Tenant
must leave ihe uni[ in a clean and good condirion aud retum the keys to Management when the Tenan[ moves out. Failtue to
provide proper writteo noece or failure to Ieave the unit in a good and cleaa coadifioa or faduxe to retum the keys ro
M�gement may result in additional chazges [a the Tenant
C. If $e signcQs) of the Lease is no loager a mcmbci of the TcnanPs household, tLis Lease will texminate. A uew I,ease will be
csecuted aad sigccd by al] adult mmaining mexnben of the Lousehold if tboso p<soas have not viotatcd the krms and
provisions of the Lcase and the family continues to be cligible for low-income housing.
D. If tha Tenant taasfe:s to anothu unit opeiated hy Managemeat, tLie Lease will te{minate and a aew Lcaze will be executed
for [he unit in[o which thc Tcnant moves.
E. Mana�er.�en[ will giv< [he Tenant written ao¢a of temilna➢on ofthe Lease as follows:
I. Fourreen (IS) days in du case of faJum ro pay renq
I. A rcasonable [ime dependmg on [he ser:ousness of tLe situe!ion in tFw cast of a tlueat or act agaiast the health ox safeTy
of oL'�er [enan[s, Management's employees, or other persoas; or
3. Th:rry (30) days m all other cascs.
F. Accep[ance of rea[ wi[h lmowledge of good cause for [amina6on of the Lcase shall not be considacd a waiver of
ManagemenPs right ro ceiminate this Lease on the bazu of sueh good cause nor of ManagemenPs right to assert such good
causein anylegalaction.
!f the Tenant confinues to occupy the dwelling u¢it afrer the Tetminatlon of tl�e Lease, ihe Tenant agcees to pay Managome¢t the
reasooable vatne of the use of the piemises foz the pedod cbat the Tenant continues to occupy ffie unit The rea5onabte value for
the use of the premises is equivaler.t to rbe unount of rent fox such period. However, such payments shall aot consGNte rrnt and
by accepnng such paymrnts Management does aot waive its rigbt to asse�t any Lezse violafions in aay legai aetion.
If :�lanagement decides to rerminate this Lease, i[ will give Tenant a written ¢oece w}uch states the reasons for the texmination,
informs the Tenant of his or her right to reply and infox¢u the Tenant of Tenan['s righls u�der the Grievance Pcoceduie descd6ed
in Sec¢on 13 of tivs Lease.
10. IlVSPECTIOhS AND ACCESS
p. $efom move-in Management and Tenant will inspec[ the unit Managemeat w11 give Tenant a written statemen[ of
condieons of the uait aod the equipment provided with the uniC The statement will be vexified and sigced by Management
ar.d T<nzn;. A copy of tk�< statement will be kept by Manageaent in the TenanPs 51e.
B. When Terant moves out, Management will iacpect the uait aad fumish Tenant with a written sEatemen[ of damages for
ahich Tenza: is responsibfe. If Tenaat moves out after business hours or oa a we:kmd or Loliday, Management will intpect
che unit on the nexc business dxy zfrer Tcnant }as vacated. Managcment will give I'eaant the opporNairy to be present at this
inspect[on by giving'Cenant wri:ten ¢oticq within a roasonable cunq oF tLe time znd date of tivs inspectioa No aofice will
be pro�ided if Tcoant vacatez w�¢hout eorice ro Managemeat
C. Managcmcnt may entcr Teaant's unit as follows:
HD-a?AC - FamJy Devclopmrnt �weiling Lcose
Rev 7/i,"1000
Page a ut t
_- ____ _
: . c 3 -1qy
1. Managcmc¢t will provide Tenant wi[h two (2) days writt�n notice stating the puxposc of iu enty iaM the imi; w:ccpt
that Mznagement will provide Tena¢t with rcasonablc notice (axittc¢ or otal) wL2 it is acttssary to eata the uait for
malong impravemcnu or xcpa'vs. ManaBemrnt m1ry will be betwcea the houn of 8:00 am and 4:30 pm foc the
puryosrs of pe:foxming ioufine mspecfions and maiamneacq inctud'mg pest wn�ol opemrions, for maldng
impmvcme¢CS or repaizs, oz to show the pmailsu for xc-l�azing,
2. Managemcat may eaur ihe imit at eay rime a'it}swt advance aotificatioa whea there is a reazonab7e cause to believe aa
ancgenry otis6'
3. It aL adult mem6exs of ihe household aze absenl at the fime of mhy, Maaagemeat w�l leave a writtm statcment in the
ait specifying the date, tixae �d punose of enhy.
31. LEGAL�02TCE
a. Any aorice m Teozni from Managemrnt sball be ia vrsiting either.
1. DetivnedpecsonallyandhandedtotheTeoantozanoiheciaembaoft�eTenaaYthovsetwldwiwicaaadulSoc
2. Be sent by prepxid fi.�st class mail ptopaly addressed.
B. If the ootice is ddiverd to a petsoa otha [haa the Teaan[, M�gommt will also iaail a copy of the notice to tLe Teazat
C. Any r.orice T:nant gives to Managemeot sbaU be ia wri�ag and eith¢ dcli�cred W a?.lanagemrnt employee at the assigoed
Mznzgzmen[ Office or PHA Cea¢al Adlninsua¢ve Offi;e, or 6e pzoperly addmssed and seat by fust elass maiL
12. .4BA.NDO�'v1ENT OF PROPERTY
If'fenant is ahsent from the uait for fouxtee¢ (14) coasecutive days and rent is owed, Mznagement hns the iight to consider thzt
Tenani hxs xbandoned the exut P.ny of Te¢anYs remaining peaonal propury will be coasidered abandoned and may be disposed
of by Mmagemmt accor3ag ro Minnesota ]aw.
13. GRIEVAVCEPROCEDLSRE
All dispuees about the Lezse or abou[ the respoavbilites of Teaant, TenanPs houseLold or Management will be proccssed and
resoived in accordance wi,h the Grievance Procedurc of Managemeat wlvch is in cffett at the ame the disputc arisu. The
Grievante Procedurc is potted in the Management Office and is nade a pazc of this Leasc by refrrcace.
14. nDMISSION AND OCCUPANCY POLICIES
'Ihe Admission and Occupancy Policics iefcaed to in this Lease aze the Admission and Occupancy Policies u approved snd as
amended by the PHP,'s Board of Comnvssionas and aze made a part of this Leasc by re&reace. A copy of the Admission and
Occupancy Policies and amendmenn is posted in tLe Management Office and may be exam?ned at any time during business
nouzs.
15. CHANGES TO LEASE
Changes ro this Lease, othez ffian chxnges ia Tenant ren; shall be made only by a wrihea addeadum signed by both Management
and Tenant.
16. RECEIPY OF LE.+.SE AND OTHER DOCUIvIENTS BY TENANT
The Tenan[ has received es<cuied copies of Lhis Lease and the Grievance Procefiue, haz been info:med that the Admissioa and
Occupancy Policies are posted in the Managexnect Office aad aze available for inspecrioa and �ndastands how they all apply to
[he Tenznc's [eaaney.
17. ADDITYO\4I, PROVISIOI�S
By signing hdvw, Trnant and Management enter into this Lease whicH will take effect oa the date 5hown in SecHoa I, TERM OF
LEASE; RENER'AL OF LEASE on page 1 0: this Lease.
PLBLIC HOLSING AGF,IQCY
OF THE CTTY OF S.4II�T PALZ
By:
Housing Manager
Tenant
Date:
Date:
HO-924C- Fani!y Developmrnt Dwelling Lase
Rev.7/IR000
Psge 5 of 5