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10-546Council File # � 0 ' S't � Greeu Sheet #' 3105276 RESOLUTION CITY OF SAINT PAUL, MINNESOTA �p Presented by 1 WHEREAS, the Saint Paul Police Deparhnent needs authority to implement the attached agreement with 2 the Public Housing Agency (PHA) of the City of Saint Paul to continue the `A Community Outreach 3 Program' (ACOP) from April 1, 2010 through Mazch 31, 20ll; and WHEREAS, since 1991 the PHA and the City of Saint Paul have collaborated to provide the community policing program known as ACOP to create a drug and crime-free environment for the safety and protection of residents, employees, and visitors in public housing developments; and 9 THEREFORE BE IT RESOLVED, that the city council authorizes the City of Saint Paul to enter into, 10 Chief John Harrington to implement the attached agreement with PHA, which includes an indemnification 11 clause. A copy of said agreement is to be kept on file and on record in the Office of Financial Services. Adoption Certified by Cou 1 Secretary BY� ✓/ //vifu��t'GS�J/I Approv,d �{,�Date �'���lv By: I ��.(/ Adopted by Council: Date 5/�1�%�/(� �o-sq�to � Green Sheet Green Sheet Green Sfieet Green Sheet Green Sheet Green Sheet � --- - � oePe""'e�;°�`�`��``�` - �-�`����� ' Green Sheet NO: 3105276 . Pp Police Department i 02 APR 2010 , . '---- --- �----------- -------- ----� � ConWCt Person & Phone: I � Deoartment _ _ _ Sent To Person _ InitiailDate _ - ' ChiefJohn Haffinqton � '; o '�oticeDepartmeot____ _li_ Pohce_D_e�artment _ _ __ _ , ;, — __ _ -- . __ - 266-5588 ; 7�ohce De�a .__ � eohce De�ariwent _ — __ . ._ _ _ ___ _ — __ - _ - _ . __ _. _ ASSi9n ' 2 C� Altomey _— - - City Attorney �' L�' . � Must Be on Council Agenda by (Date): ��'� Number ', ty - =_ -- � -- � , I F � I 3 �inancialServices_ _ _._ � Director�FSO _ _._ � _—_ — --_ _' _ _--- _ _—_ _ __ .. _. ..;, Routing j 4 �1�t�or's_Office_.._ _ _._-_� , RESOLUTION I OMeY ' S Council Jr_ CouncO � I � ' UOC Type: ; i 6 C�ty Cierk _ �� Clerk � _ _— _— _.—_._.__ - _ . . � � — . - ! EAocument Required: Y I � 7 otice De ar�ent ' i Police De artmeut� __ ____ � � '�—_L— _ — �,.. _— J! _ � DocumentCotKact: EvetteScarver i i ConWdPhone: 26G554'I � � ; i �__ ___ .. _. _-_____�__— —_-_ _�_. _ _____ _______________ � Total # of Signature Pages �� (Clip All Lowtions for Signature) _-_-_ _ _- _ __ _______ __ . ._.-_ ___ _-- _. .._. _ _—___ _ ...__ _—___—___--_ _. _____— ' �i i AMion Requested: Signatures on the attached council resolution authorizing the City of Saint Paul, Police Department to enter into the attached � 'I agreement with the Public Housing Agency of Saint Paul (PHA). I i i �-- - ---- .. . - -- --- _ __ . ...- - --� ----�--�-------- �--------- �-'--- ----._ I Recommendations: Approve (A) or Reject (R): � Personal Service Contracts Must Answer the Following Questions: � ' Planning Commission i 1. Has this personlfirtn ever worked under a contrect for Nis department? �� � CI8 Committee � Yes No ( � Civif Service Commission { 2, Has this persoNfirtn ever 6een a city employee? � I Yes No i 3. Does this persoNfirm possess a skill not nortnally possessed by any I� current city employee? I Yes No ; E�cplain all yes a�swers on separate sheet and attach to green sheet. I, Initiating Problem, Issues, Opportunity (Who, What, When, Where, Wby): � Authorizarion is needed to enter into the attached ageement with the PHA to provide services for'A Commuinity Outreach Progam' (ACOP) from April 1, 2010 through Mazch 31, 2011. -- _ - - --- - _ -- --- - __ - ---_- ----- -- AdvanW9es If Approved: Ability to continue the ACOP progam, a collaboration between the City of Saint Paul and PHA to prwide a community policing program known as ACOP to create a drug-crime-free envizonment for the safety and protection of residents, employees, and visitors in public housing develapments. Disadvantages If Approved: None. - .._---- - -- - --- �----- ------- - ------- � ---------- � DisadvanWges If Not Approved: i Lost opportwury to work with the PHA to provide the ACOP program. � ; - ---- - . �---- --- -- ------- -------------- - - - l Total Amount of Transaction: �99��9•00 CosURevenueBUdgeted: 'i Funding Source: ACOP pctiviry Number: 04100 Financiat lnformafion: � (Explain) �___-.___.__ _ -- ____.._____-____.____--___. ���.;��V�� �1A`Y �J 4 �U�t� E l �', �' `° 3 April 2, 2010 931 AM Page 1 4 � Contract No. 10-084 , - S,�„ Service Provider ACOP FY2011 CONTRACT FOR SUPPLEMENTAL POLICE SERVICES This Contract is made and entered into this I day of Apri12010 by and between the PUBLIC HOUSING AGENCY OF THE CITY OF SAINT PAUL ("PHA"), and the CITY OF SAINT PAtiL (`City"), acting by and through its DEPARTMENT OF POLICE (`'Police Department') for the provision of specific police services to improve the safety, security and livability of the PHA's public housing properties. WT3EREAS, 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 public housing developments; and WHEREAS, the PHA desires 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; NOW, THEREFORE, the PHA and the City agree as follows Section L 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, sworn police officers and non-sworn civilian empioyees) are in addition to baseline police services, and that routine police patrol and response to 911 calls in public housing developments will continue to be the responsibility of other Police Department personnel normally 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 sha11 not be Iimited to: A. The City, by and through its Police Department, wiil assign one police officer of at least the rank of sergeant and additional police officers and civilian staff to perfonn specialized patrols to enforce all state and local laws and the PAA rules specified in this Contract. Sworn officers shall at all times remain part of, subject to and in direct relationship with the Police Department's chain of command and under Police Department rules, regulations and standazd 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 Poiice Department. C. The City agrees that the Police Department will employ a community policing concept and Yhat ACOP personnel will be based at PHA ]ocations as mutually agreed between the PHA and the Police Department. The City further agrees that Page ] of 10 Contract No. 10-084 Service Provider ACOP FY2011 Page 2 of 11 the Policz Department will develop and maintain communications with residents and wi11 assist in developing or enhancing crime prevention programs in public housing communities. D. The City agrees to collect and provide poiice workload data in public housina development and crime statistics, subject to federal and Minnesota state laws. This Contract provides sufficient basis for the exchange between 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 wiil appear 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 resident's household. Without limiting any of the foregoing, the City agrees that with respect to the services to be performed by any police personne] in accordance with this Contract, the appropriate Police Department Officer or Supervisor will meet with 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 aY least quarterly. G. The City agrees that Police Department personne] assigned to the ACOP unit wark 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 motar vehicies, bicycles or other equipment which aze requested by and are furnished 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. L The Poliee Department will provide at a minimum sixteen (16) hours of training on community relations and interpersonal communications skills to new staff assigned to ACOP. 10-545 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. 10-084 Service Provider ACOP �Y2011 Page 3 of 11 or that official's designee. The Administrative Liaison Officer may be the same person as the officer of the rank of ser�eant or higher, as required by Section 1.A. The Administrative Liaison Officer will perform the following duties: 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 ongoing 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 concerns raised by community leaders; 5. 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 cleazly 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 personnel on public housing management issues and will assist the Police Department in providing training to residents and PHA staff on community policing and crime prevention issues assoeiated with public housing. This training shall include, but not be limited to, the following: 10-545 Contract No. 10-084 Service Provider ACOP FY2011 Page 4 of 1 I Crime prevention and security responsibilities; 2. Community organization/mobilization against the causes of and precursors to crime; 3. Drug awareness and control; 4. Orientation and familiarization 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 wiil provide the following in-kind accommodations, services and equlpment: 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. 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 necessazy to provide routine maintenance and repair service to maintain the space in good working order, including maintenance and repair of electrical, plwnbing, sanitary, heating, ventilating and other facilities and appliances supplied by the PHA. 3. Equipment — Office space provlded by the PHA will be supplied with other additional equipment mutually agreed upon in connection with the performance ofthis Contract. Modification/Damage — The PHA will make reasonable modifications, inc]uding minor structural, electrical and mechanical changes to the accommodations provided in order to meet the City's operational needs. Any damage to the unit or equipment provided by the PHA for City employees, which the PHA determines to be above normal wear for the item or accommodation, shall be repaired or replaced by the City at the discretion of the PHA. 10-545 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. Contract No. 10-084 Service Provider ACOP FY2011 Page > of 11 D. The PHA reserves the right to reasonably request the Police Department to replace any ACOP personnel for the following reasons: 1. 1�'eglect or non-performance of duties; 2. Disorderly conduct, use of abusive or offensive language, or Yighting; 3. Criminal action; 4. Selling, consuming, possessing or being under the influence of intoxicants, including alcohol or illegal substances, while on assignment to the PHA; 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 witnesses 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 ruies and regulations: Authorized to remove unauthorized visitors in unoccupied structures of the PHA. 2. Authorized to remove 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 are destroying, defacing or removing PHA property. With regard to the foregoing nzles and regulations, the Police Department is hereby authorized, on behalf of the PHA, to give criminal trespass warnings 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 farbidden, and to arrest or cause the arrest and prosecution of any violators, when appropriate. 10-545 Contract No. 10-084 Service Provider ACOP FY2011 Page 6 of 11 B. The Police Department is also authorized to enforce the parking provisions of Saint Paul Legislative Code, Section ]�7.20, Public Housing Agency of the City of Saint Paul — Parkin� Restrictions. C. The Police Departrnent is hereby empowered to have removed any and all vehicles found parked 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 orincorporated herein now orin 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 sworn obligation as police officers. Section 4. Communications, Reporting and Evaluation A. CommunicaYions — Access to Information. The City agrees that the PHA will have unrestricted access to a11 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 Government Data Practices Act or any other law making information publac 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 actua] or potential criminal activity in or connected with the public housing developments in accordance with federal and Minnesota state laws. This information 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: L Hours worked: foot, bicycle, motorized, other 3. Calls/requests for service 3. Refeirals to City/PHA/agencies 4. Suspicious persons — name and description 5. Vehicles abandoned/towed/stolen 6. Drug paraphernalia confiscated/found 7. Arrests/citations of both residents and outsiders to include age, sex, efhnicity 10-545 Contract No. 10-084 Service Provider ACOP FY2011 Page 7 of I 1 8. Property recovered/stolen 9. Advise residents and visitors 10. Hazazdous or quality of life issues in the area such as broken lights Il. Graffiti 12. Conflict resolution; e.g., resolved apparent or actual conflict between two or more peopie 13. Vehicle license number of suspicious persons 14_ Weapons violationslseized C. Media Coordination. The Police Department 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 Department and the PHA shall continue to administer the ACOP community policing program. At the request of either party, the parties sha11 joint?y prepare a more specific plan of operations for use in preventing or eliminating drug-related erime. Section 6. Term of Contract This contract is effective as of April 1, 2010 and shall continue in effect until March 31, 2011, or until $499,449 is expended, whichever occurs first. Section 7. Compensation to the City A. All compensation to the City will be made on a eost xeimbursement basis. The PHA will reimburse the City for services specified in this Contract in a total amount not to exceed Four Hundred Ninetv Seven Thousand and Nine Hundred Fortv Nine Dollars ($497,949) in the following expense category: Assigned Personnel Salaries $497,949 Other — Por police officers assigned to Yhe ACOP unit, Yhe PHA agrees to reimburse the City for up to 30 consecutive days of sick leave or for 30 consecutive days of a duty assignment 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. 10-545 Attachment A to this Contract illustrates the approximate use of these funds. Contract No. 10-084 Service Provider ACOP FY2011 Page 8 of 11 Any reimbursement request submitted by the City that will result in an amendment to the contract amount listed above must be submitted with a explanation of reason(s). 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 housing developments, supervisory approval of the report, and supervisory verification of the necessity for any overtime worked. D. All requests for reimbursement are subject to the approval of the PHA's Executive Director, or that officiaPs designee, and the PHA shall thereafter make payment of the approved amount within thirty days of receipt of the request for reimbursement. E. 1. The PHA may make specific requests that police personnel perform special details on behalf of the PHA. If these special details require personnel to work on an overtime basis, reimbursement to the City will be made pursuant to subsection E2. 2. Overtime special details will be jointly agreed upon by the PHA and the Police Department for police personnel to perfonn activities on behalf of the PHA. Upon submission of proper documentation as required under this Section 7, the PHA shall reimburse the City for the full amount of the cost of such overtime compensation. Section 8. Audit Requirement The City and the Police Department shall have their financiai 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 Iater OMB circulars as applicable. Any audit finding relating to use of the PHA funds under this agreement must be addressed and cleared in a timely manner. 10-545 Section 9. Non-Discrimination Contract No. I 0-084 Service Provider .�COP FY20ll Page9of11 The PHA the City and the Police Department agree that in the administration of the program(s) no person shall, on the �rounds of race, color, religion, creed national origin or ancestry, familial status, sex, status w'ith regard to public assistance, mazital status, disability, age, sexual or affectiona] 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 Aii 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 governed by the Minnesota Government Data Practices Act, Mirui. Stat I 3.01 et seq., or any other appiicable state statutes, any state rules adopted to implement the Act, as well as federal regulations on data privacy. The parties agree to abide strictly by these statutes, rules, and regulations. The PHA has designated, and the City and the Police Department agree Yo designate, a Responsible Authority pursuant to the Minnesota Govexnn�ent Data Practices Act, Minnesota Statutes 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, discharge 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 shall not be applicabie where a decision or judginent 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 responsible for its own acts and/or omissions in carrying out the terms of this Agreement and Yhe 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 thereof. The liability of the City of Saint Paul and the Public Housing Agency of the City of Saint Paul, and their respective employees, officials and agents shall be governed 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, Inspecfion and Repair 10-545 The PHA, through its authorized employees or agents, shall have the right to enter the Contract No. 10-084 Service Provider ACOP FY2011 Page 10 of 11 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 (I) day's notice for the 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 seli, destroy or otherwise dispose of any personal property left on the premises by the Police Department after the Policz Department has vacated or abandoned the premises Section 14. Amendments; Termination A. Changes in the terms of this Contract may be made only by written amendment mutually agreed 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, Return Receipt Requested. Section 15. Attachments The following attachments are hereby incorparated into this contract by reference: Attachment A: Attachment B: Attachment C: Budget Narrafive PHA Family Dwelling Lease PHA Hi-Rise Dwelling Lease Section 16. Benefit and Duty This Contract will be binding upon and inure 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 intended to, nor does it, create a special duty on the part of either party to each other or to a third party. This Contract supersedes the most recent contracf and all other previous contracts entered into by the parties for the same purpose as this Contract is made. 10-545 By signing below, the Public Housing Agency of the City of Saint Paul, and the City of Saint Paul, Departmenf of Police enter into this Contract which shall take effect on the date stated above. Contract No. 10-084 Service Provider ACOP FY2011 Page 11 of 11 PUBLIC HOUSING AGEl�`�I' OF HE CITY OF SAINT PAUL � , B By: ;'� i�,� ' �^ � Its: John 7ight, Cont cti g O er Its: Ronald Mo- , Co�troller � , CITY OF SAINT PAUL'DEPARTMENT OTzP�LICE By: sy: Its: Chief of Po�ce Its: Mayor, City of.Saint Paul By: \ By: Its: Director, OFS ��� Its: Director, Hut � n Rights Dept. 10-545 By: Its: Assistant City Attorney � O O N Q N � � } M Z � s W N � � � N U m � Q � � E Q O 2 �a� a �° � � � O Q C � � _ C� Q Q a � � N w � d N � c r r '° �` o s U i» � � T � � � N 6) } °� � � O � � M N 6) } � � � ff3 � � O � O � N V � n � � � O O � O � N CO } � LL � n °' o a' O N N � � � LL � � � O N o °� N N � �' �� N � U � O � � R � � a` � C 7 LL Y . R U Q x a O p � � � O � N c �- R w s U � 0 N } LL O O N � LL � O O N Y LL W O O N � LL 1� 0 O N � LL � O 0 N � LL N � N � 0 0 0 0 0 o a o w � r � O o� N N �IO M M M (O O O �r ss �r Es es o rn rn o rn co co v o �t � � � � � � � � � � � ra� rn v v v Ef3 ER N M � O �+7 M CO r O � � GO W tn M � 4� W � W V V V U) EA I� N 6) O oi O o0 N O 00 M CO 6) � �f V c0 N c- cf O (O I� 1� v v �t U-J EA � � M N �D M � V � EA dJ � O � O 61 co �-- rn o rn M � 1� ln N � � � � � � � � OJ I� l(� O tD O � N O N � r c �n w � � m � M c� v v EfiT fR � d � N � � `� O � N .. O � N � (J C U O £ � T � o a � �n ,� o � o CJ J � � (O .Y O '_ C Q Q N 7 7 � � � � � U � � �1�- O � O U � � � � � N c� N N � N N L L U � � � y '^ '^ c � v! V! C � Q _ a � � � U a � � s � � a � 0 Q 0 � C m v; N O U �- N c � � � C � N N � N N � N � � U Q N t O T N Q O � � � � O U � C N „ E C � � m � a�"i O O CJ a� Q U � O .�. � T N S w � a � � L � Q � m c il � C Q � _� vJ � w � o � a � .� � c� o �� � � � � 10-545 Q U N Q > N � AV[SO! Si no puede usted Icer ingles, favor de av�sar a su representanie de PHA (Aeencia deAlo�emiento PGbLco) para que le proporcionen un interprete. CEESTOOM! Yoe tias ko� nyeam rsis tau Askrv, nue tuc neeg ua hauj hvm au koj tom 6ev loom (PHA) kom pab nthiav neeg tehais lus 7RAYSLATION TRANSLATION 10-545 NOTICE! Ifyou cannotread English, please ack your PFiA wntac[ person to pro��de an inrerprecer. NOTICE! If you canwt read Engiish, pleaze ask your PHA contact peaon lo provide an interpreter PUBLIC HOUSING AGENCY OF THE CITY OF SAINT PAtiL HI-RISE DWELLING LEASE tinit Idenriftcarion �: Name of Tena�t(s): Address: Dwelling Unit: Number of Bedrooms: The Public Aousing Agency of the Gry of Saint Paul (PHA), in this Lease called "Management, leases to the Tenant Family, in this Lease ealled "Tenant, the dwelliug unit as described above aeeordi�g to the terms and conditions stated in this Lease. The term, "dwelling unit," refers to the living unit for the Te�anYs exclusive use. The term, "prem�ses," as used i� this Lease refers to the dwelling unit, the building and common areas, and the entire development 1 TERM OF LEASE: IZENEWAL OF LEASE This Lease begins on , . This Lease will automatically renew annualLv, u�less ended by eiffier Management or Tenant as provided in this Lease or as otherwise required by law. 2. MEMBERS OF HOUSEHOLD Only the following persons may reside in the dwelling unit with the oamad Te�ant Name Relationshi Gender Date of Birth The TenanTs household has the right Yo the exclusive use and occupancy of the unit. This right includes having guests stay in the unit up to Ffreen QS) days for each guest in one calendar year. Upon a showing of special cireumstances or need, Managemeot may exteud this pe�iod for a reasonabla additional time, not to exceed thir[y (30) days. This limitation does not apply to liv�in aides and foster children who may reside in the unit with the consent of Management. 3. PAYMENTS DUE UNDER TIIE LEASE A. Rental Pavments I. The first rent payment for the period beginnin� , , and ending is $ . This payment is due at the tune this Lease is signed. 2. The monthly rent of $ is due on or before the fitst day of each month beginning . This monthly rent may cha�ge for reasons stated in Section 5 oF this Lease. Rent that is paid afrec the tenth (10'") day of the month is considered Late. If rent is not paid on time, a late fee will be chazged in an amount as provided in the Admissior, and Occupancy Poiic;es. A iee �vi;. a.so be c;�srge� :n z: za:euct zs provid�d ;.^, the Adm�ssion aud Occupancy Policies for checks retumed for non-sofficient funds or acco�nt closed. 3. If Tenant wants to end this Lease (See Sect:on 9C), the Tenant must comply with Section 11C and continue to pay rent for at least 30 days after the Tenant has given written notice to Management of an intent to vacate. For any days after thir[y (30) days, rent will be based on the monthly rate divided and charged on a daily basis. If the Tenant wants to end this Lease but fails to give Management a written notice, rent will be chazged for thirty (30) days from the day Management leams the Teoant has moved. HD�24B -HrvR�se Dwelimg Leaze Rev 3/2010 Pa�e 1 of 8 B. Securiri Deoosit The Tenant has agreed to pay $ by Ma�agement in accordance rea lattons. 10-545 as a securiry deposit with Management The securiry deposit will be held with [he Admission and Ocwpancy Policies, Minnesota law and Federal C. CharQes Due The Tenant is responsible for payin� chazges for, but not limited to, maintenance and repair, late rent payment fee, fee for retumed checks, legally atlowable court costs, and other charges in accordance with the curtent schedule of chazges pos[ed in the Managemwt office. Payment must be made [o Mana�ement two weeks afrer Mana�ement gives written notice to the Tenant of the chazees. 4. PAYMENT OF UTILITIES A. Bv blana¢ement Management will pay the full cost of water, garbage collectioq sewer service, gas, electriciry and heat, and will pmvide a range (stove) and refrigerator for the unit. B. Bv Tenant Tenant must notify Management before installing a room air conditioner or food freezec If Tenant has a room air conditioner or food freezer, Tenant will be chazged a utility use fee by the PHA. The charge must be paid each month. The monthty amount charged for the room air conditioner or food freezer may be adjusted from time to time by the PHA. 5. DETERMINATION OF RENT. ELIGIBII,ITY FOR CONTINUED OCCUPANCY. AND UNIT SIZE A. Redetermination of Rent At least once each year, and at other times as described below, Ma�agement will decide whether the Tena�Ys rental rate should be changed, whether the dwelling unit size is still appropriate for the size and/or composition of the TenanYs household, and whether the Tenant is eligible for continued occupancy in accordance with the Admission and Occupancy Policies which aze available for review at the Management office When requested by Management at the time of the determination, Tenant shall prov�de accurate and current infortnation concerning: 1. The number of people in TenanYs household, their age, gender, and any other information required by Management. 2. The source and amount of income received by everyone in the TenanYs household. 3. My allowable deductions. The deteimination of TenauYs eligibility for continued occupancy will ioclude a review of TenanYs compliance with communiTy service requirements, rent paying history, housekeeping inspection res�tts, reco�d of cooperation with MauagemenYs pest control program and all other lease compliant behavior B. Interim Redetermination The rental rate showu in Section 3 will remain iu effect for the period beriveen reg�lar rent redeterminations unless one of the following events happens during such period: L There is an addition or loss of any adult member tn the TenanYs household or the addition of any minor not bom inYO the household duriog this tenancy; 2. There is any increase i� monthty gross household income of $400 or more, whether due to one increase or more than one increase in the income of one household member or due to the cumulative increases of multiple family members; 3. There is any reported decrease in income or an increase io allowa¢ces or deductions that would result in a rent decrease; 4. The current rental �ate was calculated for a temporary time period due to the inabiliTy to accuiately p�edict income for an annual period. This includes, but is not limited to, all households whose total income is zero. The effective date for changes in rent based on interim redeterminations will be in acwrdance with the Admission and Occupancy Policies. 10-545 2. TenanYs misrepresentation anNor failure to timely provide information regarding income, assets, family compositioq abuse or pattem of abuse of alcohol, illegal use or pattem of illegal use of a controlled substance or criminal activiry, or any other infoanation material to the detertnination of eligibility for admission, rent, eligibiliry for continued occupancy, or unit size is grounds for termination of tenancy. Additionally, if the PHA determines that the Tenant was admitted to housing or has remained in housmg due to TenanYs misrepresentation, the PHA may terminate te�ancy. D. Chanee of Unit Mana�ement will give notice to Tenant that Tenant will be required to move to another unit that is decent, safe and sanitary and is of an appropriate size under Mana�emenYs Occupancy Siandards in accordance with the Admission and Occupancy Policies under the followine circumstances: L If Management decides that the Tenant is living in a unit which is larger or smaller than the PHA's Occupancy Standards allow for Ihe household size and compositioq or 2. If Management decides that the unit is otherwise inappmpriate for the household size or composihon, including, but not limited to, when a unit modified for handicapped persons is bein� occup�ed by a household without handicapped persons; or 3. If Management decides that the unit requires substantial repairs or is scheduled for modemi�ation or is not in decent, safe and sanitary condition. After Management notifies the Tenant of the new uniYs availability, the Tenant must move to the new unit in accordance with the PHA's Admission's and Occupa[�cy Policies regarding Transfers. If Ihe Tenant fails to move as required by Management, [hen Management has the righ[ to take legal action to te�ninate this Lease Tenant shall move immediately to a new unit upon ManagemeoYs request when the unit is uninhabitable. If the Tenant or a member of [he TenanYs household, a �uest or another person under TenanYs control caused the uninhabitable condition of the uuit, Tenant shalt pay all moving expenses and the cost of repair to the unit. Transfer to a new unit does not remove or eradicate prior or existing Lease violations and the PHA retains the right to tem�inate the new Lease for violations of the Lease while Tenant occupied the uninhabitable unit. Tenant may ask for an explanation of the specific grounds of the PHA determinatioa If the Tenant does not agee with the determinatioq the Tenant has the right to request a hearing uuder Management's Gnevance Procedure. 6. MANAGEMENT'S OBLIGATIONS Management agrees to do the following: A. Repair and maintain the dwelliug �nit, equipment and appliances, and the oommon areas and facilities which are ❑eeded to keep the housing in decent, safe and sanitary condition. B. Comply with all reqairements of applicable state and local building and housing codes and HUD regulafions mate�ially afFecting the health or safety of Yhe occupants. Q Keep development buildings, facilities and commou areas, noY otherwise assigned to tenants for maintenance and upkeep, in a clean and safe condition. D. Maintain electrical, plumbin�, sanitary, hearing, ventilating and othex facilities and appiiances, including elevators, supplied or required to be supplied by Management in good and safe worki�g order and coudition. E. Prov�de and maintain trash and garbage containers for the development. F. Supply running water, and reasonable amounts of hot water and reasonabte amounts of heat at appropriate times of the year, all io compliance with applicabla state law and ciry ordinance. G. Thoroughly clean the dwelling unit as necessary before the transfer of the Tenant from one dwelling �nit to another and before a new Tenant moves in. A. Offer the Tena�t a replacement dwelling unit, if available, if the coudition of the TenanPs present dwelling unit is haza�dous to the health or safery of the occupants and the coodition �s not corrected in a reasonabte time. Rent will be decreased taking into consideration the seriousness of the damage and loss in val�e of the dwelling unit if repairs are not made within a reasonable time or substitute accommodations are not provided m accordance wrth this paragraph. However, no decrease in reut will be made if the tenaot refuses to accept the substitute aceommodation or if the damage was caused by the Tenant, TenanPs household or guests. 10-545 3. Pay reasonable charges, in accordance with the curzent schedule of charges posted in the Management office, for the repa'v of damages beyond normal wear and tear to the unit, development buildings, facilities or common areas, caused by either intentional or negligent conduct of Tenant, members oF the household or guests. 4. Use the unit solely as a private place to live for the Tenant and members of the Tenant's household as identified in Section 2, and not use the unit or permit iu use for any other purpose. 5. Ask for the consent of Management before members of the household enga�e in profit making activities in the dwellin� unit Mana�emen[ must also decide whether such activities are le�al and are incidental to the primary use of the leased unit for residence by members of the household. 6. Obey the written re�ulations, including but not limi[ed to the requ'uements contained in the Hi-Rise Aandbook, that are posted in the Mana�ement office These re�ulations are made a part of this Lease by reference. 7. Comply with all applicable federal, staEe, and local codes, ordinances, laws a�d regulations indudine but nof limited to those relating to buildin�, housing, health, sanitation, safery, and fire. 8. Keep the unit in a clean and safe condition. Tenant shall maintain the unit in accordance with PHA's Housekeepin� Standazds and shall allow PHA to conduct housekeeping inspections. The PHA's Housekeepin� Standards are made a part of this Lease by reference. 9. Prepare the unit and otherwise comply with PHA employee or contractor ins[ructions to facilita[e pest treatrnent. ] 0 Dispose of all garba�e, mb5ish and other waste from the unit in a sanitary and safe manner. l l. Use only in a reasonahle manner all electrical, plumbing, heatin�, ventilating air-conditioning, elevators and other facilities in the development buildiogs and common areas. 12. Park no more than one vehicle per licensed ]easeholder in the designated pazking areas (up to a maximum of two vehides for the ho�sehold). Tenant must park a vehicle in a manner so that it will not obstruct traffic and may not allow any vehicles to remain in the parking area or other part of the hoosing development when such vehicle is u�liceused or no lo�ger in operating condition. Tenant shall assure that the vehicle(s) on the premises have current license tabs, aze insured, and are in compliance with applicable motor vehicte laws and ordinances. At TeuauYs expense, Management may tow veh�c(es that aze not in compliance with this Lease or ManagemenYs parking policy. 13. Immediately report to the Management Office any damage or vandalism to the prem�ses. 14. Immediately report to the Maintenance Office any need for repair Yo Yhe mterior or exterior of the dwelling unit and any other azea used by the Tenant in connection with the TenanYs occupancy of the unit. 15. Participate in a training proaxam on housekeeping and home care skills if Management decides that fhe conditiou of fhe unit does not meet the housekeeping standa�ds esYablished by Y6e PHA. Such training will be provided by Managemeut. 16. Comply with commuuity service or self-sufficiency requirements in accordance wifh Federal law, regulations and ManagemenYs Admission and Occupancy Policies. Each adult member of the TenanYs household must comply wifh these requiremeuts B. The Tenant shall not: 1. Assia or transfer the Lease or sublease the unit. 2. Provide housing for boarders or lodgers or other unauthorized persons. 3. Allow any person who has been trespassed by the PHA access to the unit, hi-rise common areas, or other PHA property 4. Disturb other tenants or neighbors and shall assure that guests, visitors, or other persons under control of the Tenant or other household member do not disNrb other tenants or neighbors. Persons who are permitted access to the unit or otherwise allowed to remain in Ehe unit by the Tenant or other household member are considered to be under the control of the Tenant. 5. Scatter rubbish, damage, destroy, deface or remove any part of the dwelhng �nit or premises, intentionalty or as a result of negligence, and mast prevent such action by guests, visitors or oEher persons under control of household members. 6. Store an excessive amount of items, clutter or fire haz�ds in the dwelling unit or oa ffie premises m violation of any fire code or PHA housekeeping standards. The Tenanf may not obstruct an entryway, hallway, walkway, doorway, bathroom, shower, bathtub, sink, appliance, heating source, cirwit breaker, window or smoke detector. 7_ En�age in any activity, including cciminal activiTy Yhat the PHA determines threatens the health, safety, or xight to peaceful enjoyment of the public housing premises by other tenants or employees of the 10-545 manufacture, sale, distribution, or use of a drug, or the possession of a drug with the intent to manufacture, sell, distribute or use the drug. (ii) DruQ means a controlled substance as defined i� section l02 of the Controlled Substances Act (21 U.S.C. 802) and/or as de6ned in Minnesota Statutes, Section 152.01. 9. En�age in abuse or demonstrate a pattem of abuse of atcchol that Management determines affects the health, safeTy, or right to peaceful enjoyment of the premises by other tenants, nei��,hbors or employees of the Management Tenant shal! assure that no guest or other person under TenanYs control enga�es in such abuse or pattem of abuse. 10. Commit any fraud in connection with any Federa! housing assistance pro�ram. 11. Make arry repairs or changes or modifications to the unit or equipment provided by the PHA, or install any permanently attached carpet or am equipment, includin�, but not limited to, door locks, w�ithout the written approval of Mana�emeni. Installation of satellite dishes, antennas or othe� reception devices shall be in accordance with rules adopted by Management, which aze made a part of this Lease by reference. 12. Interfere with or refuse to cooperate with PHA's employees or contractors performance of duties. 13. Have any fowl, snakes or other animals on the premises, except small ca�ed b�rds, fish in aquariums, small ca�ed animals that will be kept indoors or a do� or cat as apprwed by Mana�ement and in accordance with the PHA's Pet Policy. 14. Create (by act or omission) or pertniY to exist any condition on the premises which results in a risk to the personal health or safety of any person or damage to property. 15. Engage in, or aliow members of the household, guests, or another person under the TenanYs control to engage iq any activiTy, including criminal activity, which impairs the physical or social environment of the prem�ses, the neighborhood, or the development. 16. Smoke, or allow TenanYs �uests, visitors or another person under the TenanPs control to smoke in any common areas of the hi-rise. Common areas indude the CommuniTy Room, hallways, stairways, eleva[ors, public rest rooms, laundry rooms and auy other indoor space that is not within and a part of the TenanPs dwelling unit. 8. PET POLICY AND DEPOSIT A. Tenaut agrees to abide by all terms and conditions of the PHA's Pet Policy, which will be furnished to Tenant by Management The PHA's Pet Policy is made a pad of this Lease by reference. Failure to abide by the Pet Policy is grounds for terminatio�. B. Except as provided in subsection D below, Management and Tenant mumally agree to allow Tenani m keep as a pet one cat or one dog that weighs no more than 25 pounds, or keep such other pet as is allowed by the PHA's Pet Policy. Tenant agrees to register the pet with Management before bringi�g the pet into the dwelling unit. C. Tenant shall pay a peY deposit to Management in accordaoce with the PHA's Pet Policy Management will hold the pet deposit until the tenant moves out or no longer owns or keeps a pet in the hi-rise. The pet deposit will be fully refunded, with interest, provided that no pet damage has been done to the dwelhng unit. Amouots necessary to repair such damage will be deducted from the pet deposit. D. EXCEPTIONS: Dogs are �ot perrttitted at Mt. Airy, Dunediq Wabasha, and Exchange hi-rises. 9. TERMINATION OF THE LEASE A. Management will ¢oY terminate or refuse to renew the Lease and will oot evict Tenant from the dwelling unit except for serious or repeated violation of material terms of the Lease or other good cause. Serious violation of the Lease includes, but is not limited to: (a) Failure by a Tenant to report any i�creases in household income during a scheduled rent and inwme review or as specified under Section S.D or failure to appear for a scheduled rent and income review. (b) Non-payment of Tenant rent or other charges in a timely manner. (c) Failure to accept a t�ansfer for reasons specified in Section S.D. (d) Failure of Tenant, members of TenanPs household, guests and other persons under TenanYs control to fulfill obligarioos under Section 7 of this Lease. (e) The possession, use, or sale of a small amount of marijuana by a Tenant, members of the hoasehold, gaeete of the 6ousehold, or any other person ander the Tenant's control is a serious violation of the Dwelling Lease. A report to law enforcement or a citation issued by law enforcement for a violation of Minnesota Statutes, Section 157.027 is not oecessary to establish a violation of the Dwelling Lease under this provision. 10-545 Federal housing law and rea lations. (� Failure of the Tenant to timely provide to the PHA any certificatioq release, infocmation or documentation on family income, assets, family compositioq abuse or pattem of abuse of alcohol, ille�al use or pattem of illegal use of a controlled substance or criminal activ�Ty, or any other infortnation material to the determination of eligibility for admissicq rent, elioibiliN for contirmed occupancy, or unit size. (g) Misrepresentation of materia] information, failure to provide complete information, or fraud by the Tenant or a member of the Tenaz�YS household, at any time relevant to eli�ibiliTy for admission, Ihe determination of renc, eligibiliry for continued occupancy or unit size. B. Domestic Violence, Dating Violence, Stalkine 1. Management will not terminate or refuse to renew ihe L,ease and will not evict Tenant or a member of TenanYs household from the dwelling unit if the Tenant or household member is a victim of actual or threatened "domestic violence, dating violence, or stalkin�," as those terms aze defined by the PHA's Admission and Occupancy Policies. 2. Pursuant to Federal law, Management may bifurcate this Lease in order to evict, remove, or tertninate the assistance to any person who is a Te�ant or a lawful occupant under this Lease when such person en�ages in criminal acts of physical violence against family members or others, on or off the premises. Management may take such action without evicting, removing, terminating assistance tq or otherwise penalizing a victim of such violence who is the Tenant or is a lawful occupant u�der this Lease. 3. Notwithstanding anything to the conhary contained in paragaphs Bi and B2 above, Management may terminate the Lease and evict the Tenani if it can demonstrate an acmal and imminent threat to other tenants or to those employed at or providing service to the development in which the unit is located, if the tenanPs tenancy is not terminated. 4. Nothing in this section shall prohibit Managemeot from teaninating the Lease at�d evicUng the Te�ant based on a violation of this Lease not involving domestic violence, dating violence, or stalking against Tenant or household member. C. This Lease may be terminated by the Tenant at any Ume by giving at least thirty (30) days written notice to Management on or before the last day of the month the tenant intends on vacating the unit (see Sectaon IICJ The Tenant shall leave the unit in a clean and good condition and return the keys to Management when the Tenant moves out Failure to provide proper written notice or failure to leave the unit in a good and clean condition or failure to retum the keys to Ma�agement may resulT in additional chazges to the Tenant. D. If the signer(s) of the Lease is no longer a member of the TenanCs household, this Lease will terminate. A new Lease will be executed and si�ed by all adult �emaining members of the household if those persons have �ot violated the terms and provisious of the Lease and the family continues to be eligible for low-income housing. E. If the Tenant transfers to another unit operated by Managemeut, this Lease will terminate and a new Lease will be executed for the uniY into which the Tenant moves. However, ihe signing of a new Lease does not remove or eradicate p�io� or existi�g Lease violations and the PHA retains the right to terminate the uew Lease for violatious of the I,ease being terminated. F. Management will give the Tenant written notice of terminaYion of the Lease as follows. I. Fourteen Q4) days in tiie case offailure to pay rent; 2. A reasonable time depending on the se�iousness of the sitaation in the case of a tt�reat or act against the health or safety of other tenants, ManagemenTs employees, or other persons, or 3. Thirty (30) days in all other cases. G. Accepta�ce of rent with la�owledge of good cause for termination of the Lease shall not be considered a waiver of Management's ri�t to terminate this Lease on the basis of such good cause nor of ManagemenPs right to assert such good cause in any legal action. If the Tenant continues to occupy the dwelling u¢�t afrer the Termivation of the Lease, the Tenant agrees to pay Management the reasonable value of the use of the premises for the period that the Tenant continues to occupy the unit. The reasonable value for the use of the premises is equivale�t to the amount of rent for such period. However, such payments shall not constitnYe rent aod by accepting such payments Management does ¢ot waive its right to assert any Lease violations in any legal aciion. If Management decides Yo terminate this Lease, it will give Tenant a written notice which states the reasons for 10-545 Management. G Management may enter TenanPs unit as follows: 1. Management �vill provide Tenant with two (2) days written notice statin� the purpose of entry into the unit, except that Management will provide Tenant with reasonable notice (written or oral) when it is necessary to enter the unit for makin� improvements or repairs. Management entry will be between the hours of 8:00 a.m. and 430 p.m. for the purposes of perFoaning routine inspections and maintenance, including pest control operations, for making improvements or repairs, or to show the premises for re-rentat. 2. Mana�ement may enter the unit at any time w�thout prior notice to the tenant when there is a reasonable cause to believe an emer�ency exists; 3. If al] adult members of the household are absent at the time of entry, Management w�ll leave a written statement in the unit specifyin� [he date, time and purpose of entry. 4. Durin� any entry permitted by this section, PHA may take pictures to show damage to PHA property, unsafe conditions, the presence of illegal drngs or other evidence of criminal activ�ry, or housekeeping violat�ons. 5. TenanYs failure to allow access, interference with Mana�emenYs right to enter or any other non-compliance ��ith this section shall be a ounds for termination of tenancy. 11. NOTICES A. Any notice to the Tenant from Management will be in writing either: 1. Delivered personally and handed to the Tenant or another member of the TenanPS household who �s an adult, or 2. Be sent by prepaid first class mail property addressed. B. If the Notice is delivered to a person other than the Tenant, Ma�agement will also mail a copy of the Notice to the Tenant. C. Any notice the Tenant gives to Management must be in writing and either delivered to a Management employee at the assigned Management office or PHA Cenhal Administrative Office, or be properly addressed and sent by first class mail. 12. ABANDONMENT OF PROPERTY If the Tenant is absent from the unit for fourteen (14) consecutive days and rent is owed, Management has the right to consider that the Tenant has abandoned the unit. Any of the Tenacit's remaining personal proper[y remaining in the unit will be considered abandoned and may be disposed of by Management accordmg to Mmnesota law. 13. All disputes about the Lease or about the responsibilities of Tenant, TenanPs household or Management, will be processed aud resolved in accordance with the Cttievance Procedure of Management which is in effect at the t�me the dispute azises. The Grievance Procedu�e is posted in the Management office and �s made a part of this Lease by reference. 14. ADMISSION AND OCCUPANCY POLICIES The Admission and Occupancy Policies referted to in this Lease are the Admission and Occupancy Policies as approved and as amended by the PHA's Board of Commissioners and are made a part of this Lease by reference A copy of the Admission and Occupancy Policies and amendments is posted in the Management Office and may be exami�ed at any time during business hours. 15. CHANGES TO THIS LEASE Changes to this Lease, other than changes in Tenant rent, will be made only by a written addendum signed by both Maoagement and Tenant. 16. RECEIPT OF LEASE AND OTHER DOCUMENTS BY TENANT The Tenant has received executed copies of this Lease and the Grievance Procedure, has been informed that the Admission and Occupancy Policies aze posted in the Management Office and aze ava�lable for inspection and understands how they all apply to the TenanPs tenancy. 17. ADDITIONAL PROVISIONS 10-545 By signing below, Tenant and Management enter into this Lease which wi]l take efFect on the date shown in Section l, TERM OF LEASE; RENEWAL OF LEASE on page I of this Lease. Tenant Tenant Tenant Date PUBLIC HOUSI�i G AGE�CY OF THE CITY OF SAINT PAUL Housing Manager AVISO! Si no puede usted ieer ingl6s, fawr de avisar a su repruentante de PHA (Agenma de Alojamiento Publico) para quelz proporcionen un interprete CEEBTOOM! Yog [ias koj nyeem uis tau Asl:iv, nug Ns neeg ua hau] hrm au kq �om ¢ev loom (PHA) kom pzb nrhiav nee� o.hais lus TRANSLATION TRAVSLATION 10-545 NOTICE! IP you cannot read E�ghsh, please ask your PFiA cmtact person ro pmv�de an mcerprerer NOTICE! If vou canno[ read Enehsh. piease uk your PHA co�[ac� person to provide an steryrcter. PUBLIC HOUSING AGENCY OF THE CITY OF SAINT PAUL FAMILY DEVELOPMENT DWELLING LEASE Unit Idenrification #: Name otTenant(s): Address: DweRing Unit: Number of Bedrooms: The Public Honsing Agency of the CiTy of Saint Paul (PHA), in this Lease called "Mauagement," leases to the Tena�f Family, in this Lease called "Tenant," the dwelling unit as described above according to the tertns and conditions stated in this L.ease. The term, "dwelling uoiY," refers to the living unit and adjacent area assigned for the TenanYs exclusive use and to the area(s) assigned in Section 8 of this lease. The term, "premises," as used m this Lease refers to Ihe dwetling unit, the building and common areas, and the entire development. 1. TERM OF LEASE; RENEWAL OF LEASE This Lease begins on , . This Lease will automatically renew annuallv, unless ended by either Management or Tenanf as provided in this Lease or as otherwise required by law. 2. MEMBERS OF HOUSEHOLD Only the following perso�s may reside in the dwelling unit with the named Tenant: 10-545 2. The monthly rent of $ is due on or before the first day of each month beginning . This monthly rent may change for reasons stated in Section 5 of this Lease. Rent that is paid after the tenth (10'�) day of the month is considered late. If rent is not paid on time, a late fee will be charged in an amount as provided in the Admission and Ocwpancy Policies. A fee will a(so be char�ed in an arnount as provided m the Admission and Occupancy Policies for checks retumed for non-suf£cient funds or account closed. 3. If Tenant �vants to end this Lease (See Section 9C), the Tenant must comply with Section t IC and continue to pay rent for at least 30 days after the Tenant has given written notice to Manasement of an intent to vacate For any days after thirty (30) days, rent will be based on the monthly raie divided and chaz�ed on a daily basis. If the Tenant wants to end this Lease but fails to oive �Ianagement a written notice, rent will be char�ed for thirty (30) days from the day Mana�emen[ learns the Tenant has moved. B. SecuritvDeoosit The Tenant has a� eed to pay $ by Mana�ement in accordance rea lations. as a security deposit with Management. The security deposit will be hetd with the Admission and Occupancy Policies, Minnesota law and Federal C. Charees Due The Tenant is responsible for paying char�es for, but not limited to, maintenance and repair, late rent payment fee, fee for returned checks, legalty allowable court costs, and other chazges in accordance with the wrrent schedute of charges posted in the Management office. Payment must be made to Mana�ement two weeks afrer Management gives written notice to the Tenant of [he charges 4. PAYMENT OF UTILITIES A. Bv Mana2ement Management will pay Yhe full cost of water, garbage collectioq sewer service, and will p�ovide a range (stove) and refrigeratoc for the unit. B. Bv Tenant Tenant is responsible for the paytnent of gas, electriciry aod heat. As part of ihe determination of the monthly rent, Management agrees to adjust the rent by the applicable utility allowance as stated in ManagemenYs Admission and Occupancy Policies. 5. DETERMINATION OF RENT, ELIGIBILITY FOR CONTINUED OCCUPANCY. AND UNIT SIZE A. RedeterminationofRent At least once each year, and at other times as described below, Management will decide whe[her the TenanTs rental rate should be changed, whether the dwelling unit size is still appropriate for the siu and/or composition of the TenanYs household, and whether the Te�ant is eligible fo� continued occupancy in accordauce with the Admission and Occupaney Polieies whieh aze available For review at the Ma�agement office. When requested by Management at the time of the determination, Te�ant shall provide accarate and current information concerning: . 1. The number of people in Tenant's household, their age, gender, and any other information required by Management. 2. The source and amount of income received by everyone in the TenanPs household. 3. Any allowable deductio�s. The determination of TenanPs el�gibility for continued oeeupaney will include a review of TenanYs compliance with community service requirements, rent paying hismry, housekeeping inspection resulis, record of cooperation wrth ManagemenYs pest control pro�'am and all other lease compliant behavior. B. Interim Redetermination The rental rate shown in Section 3 will remain in efFect for the period betwee� regulaz rent redeterminations unless one of the following events happens during such period: 1. There is an addition or loss of any adult member to [he TenanYs household or the addition of any minor not born into the household during this tenancy; 2 There ie anv increase in monthlv eross houeehold income of $400 or more. whether due to one increace or 10-545 [f the rental rate is adjusted, Management will mail or detiver a notice of rent adjustment to the Tenant in accordance with Section 1 i. Tenant has an obligation to report ALL changes in income or family composition, as specified in this Secrion, to Management within 10 days after the change has happened. C. Faiture to Provide Dowmentation aud Misreuresentation I. Failure by a Tenan[ to report any increases in household income durmg a scheduled rent and income rev�ew or as specified under Section SC or faiiure to appeaz foi a scheduled rent and income review is a senous and material viotation of the Lease. Any rent increase calculated due to unrepoRed household mcome will be effeciive retroactive to the time Ihe increase would have been made had the increase in househotd income been timely reported. 2. TenanYs misrepresentation and/or failure to timely provide information re�arding income, assets, famity compositioq abuse or pattem of abuse of alcohol, illegal use or pattem of ille�al use of a co�trotled substance or criminal activiry, or any other information materiai to the determination of eligibility for admission, rent, eli�ibility for continued occupancy, or unit size is �ounds for termination of tena�cy Additionally, if the PHA determines that the Tenant was admitted to housing or has remained in housing due to TenanPs misrepresentation, the PHA may terminate tenancy. D. Chanee of Unit ManagemwY will give not�ce [o Te�ant that Tenant will be �equired to move to another unit that is decent, safe and sanitary aod is of an appropriate size under ManagemenCs Occupancy Standards in accordance with the Admission and Occupancy Policies under the following circumsta[ices: 1. Sf Managemeut decides that the Tenant is living in a unit which is larger or smaller than the PHA's Occupancy S[andards allow for the household size and composrtion; or 2. If Management decides that the unit is otherwise i�appropriate for Ehe household size or compositioq induding, but not limited to, when a unit modified for haudicapped persons is being occupied by a household without handicapped persons; or 3. If Management decides that the unit requires substantial repairs or is scheduled for modemizat�on or is not in decent, safe aud sanitary co�dition. Affe� Management notifies the TenanY of the new uniYs availability, the Tenant must move to the new unit iu accordauce with the PHA's Admissiods and Occupancy Policies regarding Transfers. If the Tenant fails to move as required by Management, then Management has the right to take legal action to terminate this Lease. Te�ant shall move immediately to a new unit upon ManagemenPs request when the �mt is uninhabitable. If the Tenant or a member of the TenanYs household, a guest or another perso� under TenanYs co�trol caused the uninhabitable condition of ihe �it, Tenant shall pay ali moving expenses and the wst of repair to the unit. Transfer to a new unit does not remove or eradicate prior or existing Lease violations and the PHA retains the rigk�f to terminate the new Lease for violaUOns of the Lease while Tenant occupied the umnhab¢able unit. Tenant may ask for an explanation ofYhe speciSc grounds of the PHA determination. if fhe Tenant does not agree with the determinatioq the Tenant has the ri�t to request a hearing under ManagemenPs Grievance Procedure. 6. MANAGEMENT'S OBLIGATIONS Management agrees to do the following: A. Repair and maintain the dwelling unit, equipment and appliances, and the common areas and facilities which aze needed to keep the housing in decent, safe and sanitary condition. B. Comply with all requirements of applicable state and local building and housing codes and H[JD regulations materially affecting the health or safety of ehe occupants. C. Keep development buildings, facilities aod common areas, not otherwise assigned to tenants for mainteuance and upkeeq in a clean and safe condition. D. Maintain electrical, plumbing, saoitary, heating, ventilating and other facilities and appliances, including elevatnrc cnnnlied nr remiired tn be eunnlied bv Manaaement in onnd and eafe wnrkine order and cnndition 10-545 I. Give the Tenant reasonable notice of what wrtification, release, infortnation or documentation must be given by the Tenant to Management induding the date by which any such item must be given. J. Notify the Tenant of the specific gounds for any proposed adverse action by Mana�ement. 7. OBLLGATIONS OF TENANTS MEMBERS OF HOUSEHOLD AA'D GUESTS The Tenant a,�ees to obey the following rules. The Tenant is also responsible for causing members of the household, guestr and other persons under TenanYs control to obey the followm� rules: A. The tenant shall: I. Pay rent on the firs[ day of the month. 2. Meet with Management at any reasonable time and place as Management requests and after reasonable notice, in order to discuss any matter affectin� the Lease or TenanPs tenancy. 3. Pay reasonable char�es, in accordance with the current schedule of charges posted in the Manasement office. for the repair of dama�es beyond noanal wear and tear to the unit, de�elopment buildin�s, facilities or common areas, caused by either intentional or ne�ligent conduct of Tenant, members of the household or a ests. 4. Use the unit solely as a private place to live for the Tenant and members of the TenanYs household as identified in Section 2, aud not ase the unit or permit its use for any other purpose. 5. Ask for the consent of Mana�ement before members of the household enga�e in profit making activities in the dwelling unit. Management must also decide whether such acYivities are legal and are incidental to the primary use of the leased unit for residence by members of the household. 6. Obey the written regulations, including but not limited to the requirements concained in the PHA Family Handbook, that are posted in the Management o�ce. These rea lations are made a part of this I,ease by reference. 7. Comply with all applicable federal, state, and local codes, ordinances, laws and regulations mcluding but not Lmited to those relating to building, housing, health, sanitation, safery, and fire. 8 Keep the unit in a clean and safe condition. Tenant shall maintain the unit in accordance with PHA's Housekeeping Standazds and shall allow PHA to conduct housekeeping inspections. 7he PHA's Housekeeping Standazds aze made a part of this Lease by reference. 9. Prepare the unit and otherwise comply witLi PHA employee or conhactor instructions to facilitate pese treatment. 10 Dispose of all garbage, rubbish and other waste from the unit m a sanitary and safe manner. 11. Use only in a reasonable manner all electrical, plumbing, heating ventilati�g, airconditioning, elevators and other facilities in the deveiopmenY buildings and common areas. 12. Park no more than one vehicle per lice�sed leaseholder in the designated parking areas (up to a ma�umum of two vehicles for the household). Tenant must park a vehicle in a man�er so that it will not obstmct traffic and may not allow any vehicles to remain in the parking area or other part of the housing development when such vehicle is unlicensed or no longer in operaYing condition. Tenant shall assure that the vehicle(s) on the premises have current lice�se tabs, aze insured, and aze in complianca with applicable mofor vehicle laws and ordinances. At TenanYs expeuse, Management may tow vehicles that are not in compliance with this Lease or Mana�emenPs parking policy. 13. Immediatety report to the Management Office any damage or vandalism to the premises. 14. Immediatety report to the Maintenance Office any need for repair to the interior or eMeriox of the dwelling unit and any other azea used by the Tenant in connection with the Tenant's occupancy of the umt. 15. Participate i� a training program on housekeeping and home care skills if Management decides that the condit�on of the unie does not meeY the housekeeping standazds established by the PHA. Such traimng will be provided by Management 16. Complete the requ�red Admission Orientation Progtam no ]ater than thirty (30) days from signing of this Dwelling Lease. Such program will be provided by Management. ] 7. Comply with community service oc self-sufficiency requi�ements in accordance with Federal law, regulahons and ManagemenYs Admission and Occupancy Policies. Each adult member of the TenanPs household must comply with these requirements. B. The Tenant shall not: 1. Assign or transfer the Lease or sublease the unit. 2. Provide hou>ing for boazders or lodgers or other unauthorized persons. 3. Allow any person who has been trespassed by the PHA access m the �mt, fam�ly development common areas, or other PHA property. d n;crnrh nthP* re�a�ra n� �eiohhnrc »nd chall a4a�re that wests_ visitors or othec nersons under control oF the 10-545 shall assure that no member of TenanYs household, or any guest or other person under TenanYs control engages i� any such activiTy. (i) Criminal actdviry is defined as follows: Cnminal activity includes, but is not limited to conduc[ that is unlawful, forbidden by and punishable by £ne and/or imprisonment under Minnesota law and tocal ordinances. The conduct need not be reported to a law enforcement a�ency, and need not result m an arrest or prosecution. Such conduct includes, but is not limited to, possession, use or sale of a small amount of marijuana, any other petty misdemeanor, and acts of physica( violence or the threat of such acts. Neither proof beyond a reasonabie doubt nor conviction in a court of law is necessary [o establish violation of [he terms of the Dwelling I,ease. 8. En�age in drua related criminal activity on or off the premises. Tenarit shall assure that no member of the (Inirials) TenanYs household or west or other person under the TenanPs control en�a�es in drug-related criminal activity on or offthe premises. (i) Dru¢- elated criminol activiry is defined as follows: Dru� related criminal activity means the illegal manufacture, sale, distributioq or use of a drug, or the possession of a drug with the intent to manufacture, sell, distribute or use the dmo. (ii) Drur means a controlled substance as de5ned in section 102 of the Controlled Substances Act 21( li.S C. 8� and/or as defined in Minnesota Siatutes, Section 152.07. 9. En�age in abuse or demonstrate a pattem of abuse of alcohol that Management determines affects the health, safery, or right to peaceful enjoyment of the premises by other tenants, neighbors or employees of the Management. Tenant shall assure that no guest or other person under TenanYs control engages in such abuse or pattem of abuse. ] 0. Commit any fraud in connection with any Federa] housing assistance program. 11. Make any repairs or changes or modifications to the unit or equipment provided by the PHA, or mstall any permanentty attached carpet or any equipment, including, but not limited to, door locks, without the written approval of Management. installation of satellite dishes, antennas or other reception devices shall be in accordance with rules adopted by Management, which are made a part of this Lease by reference. 12. Interfere with or refuse to cooperate with PHA's employees or contractors performance of duties. 13. Have any fowl, snakes or other animals on the premises, except small caged birds, fish i� aquariums, or small caged animals that will be kept indoors, in accordance with the PHA's Pet Policy. 14 Create (by act or omission) or permit to exist any condition on the premises which results in a risk to the personal health or safety of any person or damage to property. I5. Engage in, or allow members of the household, guests, or another person under the TenanTs control to engage iq any activiry, including criminal aciiviry, which impairs the physical or sociat environment of tt�e prem�ses, the neighborhood, or the developme�t. 16. Smoke, or allow TenaoYs guests, visito�s or ano[her person under the Tenant's control W smoke in any wmmon azeas. Common areas include the Community Room, haliways, stairways, elevaWrs, public rest rooms, laundry rooms and any other indoor space that is not within a�d a part of Ehe TenanY s dwelling unit. 8. TENANT MAINTENANCE The Tenant shall maintain walkways, stairs, landings, haliways, grouods, patios and landscaping adjacent to the unit If afrer notification from Management for corrective actioq the Tenant neglects to maintain the areas assigned, the Tenant shall pay to Management all expenses necessary for Management to maintain or repair these areas and this Lease. 9. TERMINATION OF THE LEASE A. Management will not terminate or refuse to renew the Lease aud will �ot evict Tenant from Yhe dwelling urut except for serious or repeated violation of material terms of the Lease or other wod cause. I. Serious violafion of the Lease includes, but is not ]imited to: (a) Failure by a Tenant to report any ic�creases in household income during a scheduled rent and iucome review or as specified under Sectio� S.C. or Failure to appear for a scheduled rent and income review. (b) Non-payment of Tenant rent or other charges in a timely manner. (c) Sh�t-off of Tenant-purchased utilities. (d) Failure to accept a transfer for reasons specified in Section S.D. (e) Failure of Tenant, members of TenanYs ho�sehold, guests and other persons under TenanYs co�trol to fulfill obligations uuder Secdon 7 or 8 of fhis Lease. (� The possession, use, or sale of a small amount of mari�uana by a Tenant, members oF the household, guesfs of the houseLold, or any other persou uoder the Tenant`s contcol is a serious violation of it�e Dwelling Lease. A report to law enforcement or a citation issued by law enforcement for a violation of nrt;.,nP��ra �r�mrP� Sectinn 157 027 ia not necessarv to establish a violation of the Dwelhne Lease under 10-545 (e) Failure of a member of the family househotd to comply with the community service requirements of Federal housing law and rea lations. (� Failure of the Tenant to timely provide to the PHA any certification, retease, information or documentation on family income, assets, famity composition, abuse or pattern of abuse of alcohol, ilfe�al use or pattem of ille�al use of a controlled substance or criminal activiTy, or any other information material to the determination of eligibiliry for admissioo, rent, eligibility for continued occupancy, or unit size. (g) Misrepreseniation of matedal information, faiture to provide complete informat�on, or fraud by [he Senant or a member of the TenanPs household, at any time relevant to eligibility for admissioq the determination of rent, eli�ibility for continued occupancy or unit size. B. Domestic Violence, Dafing Violence, Stalking l. Ma�agement will not tenninate or refuse to renew the I,ease and will not evict Tenant or a member of TenanYs household from [he dwelling unit if the Tenant or household member is a vic[im of actual or tlueatened "domestic violence, datin� violence, or stalkine," as those terms are defined by the PHA's Admission and Occupancy Policies. 2. Pursuant to Federal law, Mana�ement may bifurcate this Lease in order to evict, remove, or terminate the azsistance to any person who is a Tenant or a lawful occupant under this Lease when such person engages in criminal acts of physical violence a�ainst farnity members or others, on or off the premises. Management may take such action without evicting, removinm teaninating assishance tq or otherwise penalizing a victim of such violence who is the Tenant or is a lawful occupant under this Lease. 3. Notwithstanding any[hing to the conhary contained in pazaa aphs B.Iand B2. above, Management may terminate the Lease and evict the Tenant if it can demonstrate au actual and imminent threat to other tenants or to those employed at or providing service to the development in which the unit is tocated, if the tenanYs tenancy is not tertninated. 4. Nothing in this secUOn shall prohibit Management from termi�ating the Lease and evicting the Tenant based on a violation oF this Lease �ot inwlvi�g domestic violence, dating violence, or stalking agai�st Tenant or household member. C. This Lease may be terminated by the Tenant at aoy time by giving at least thirty (30) days written notice to Management on or before the last day of the month the tenant intends on vacaling the unit (see Sechon IIC.) The Tenant shall leave the unit in a clean a�d good condition and return the keys to Management when the Tenant moves out. Failure to provide proper written notice or failure to leave the unit in a good and clean condit�on or failuee to return the keys to Management may cesult iu additional chazges to the Tenant D. If the signer(s) of the Leue is no bnger a member of tt�e TenanYs household, this Lease will tertninate. A new Lease will be exewted and signed by all adult remaining members of the household �f those persons have �ot violated the terms and provisions of the Lease aud the family continues to be eligible for low-mcome housing. E. If the Tenant transfers to another unit operated by Maoagement, this Lease wi]I terminate and a new Lease will be executed for the unit into which the Tenant moves. However, the signing of a new Lease does not remove or eradicate prior or existing Lease violations and the PHA retains the right to tertninate the new Lease for violations of the Lease being terminated. F. Management will give the Tenant written notice of tecmination of the Lease as follows: 1. Fourteen (14) days in the case of failure to pay rent; 2. A reasonable time depending on the seriousness of the situatiou iu the case of a threat or act agaiost the health or safeTy of other tenants, MauagemenY's employees, or other persons, or 3. Thirty (30) days in all other cases. G. Acceptance of rent with knowledge of good cause for termination of the Lease shall not be co�sideced a waiver of ManagemenYs right to tenninate this Lease on the basis of such good cause nor of ManagemenYs right to assert such good cause in any legal action. If the Tenant continues to occupy tlie dwelling unit after the Temination of the Lease, the Tenant a�ees to pay Management the reasonable value of the use of the premises for ehe period ihat the Tenaot coneinues to occupy the unit. The reasonable value fo� the use of the premises is equivalent to the amount of rent for such period. However, such payments shall not constitute rent and by accepting such payments Management does not waive its right to assert any Lease violations in any legal action. If Management decides to terminate this Lease, it will give Tenant a written notice wh�ch states the reasons for the termi�ation, iuforms the Tenant of his or her right to reply and infoans the Tenant of TenanYs rig6ts u�der the r ie.vance. Prncedure deacrihed in Section 13 ofthis Lease. 10-545 1. Management will provide Tenant with two (2) days written no[ice stating the purpose of entry into the unit, except that Management will provide Tenant with reasonable notice (written or ora]) wheo it is necessary to enter the unit for makin� improvements or repairs. Management entry wil] be between the hours of 8:00 a.m. and 4:30 p.m. for the purposes of performing routine inspections and maintenance, inctuding pesi control operations, for makin� improvements or repairs, or to show the premises for re-rental. 2. Management may enter the unit at any time without prior notice to the tenan[ when there is a reazonable cause to believe an emergency exists; 3 If all adult members of the household are absent at the time of entrv, Management �vill leave a wnrten statement i� the uni[ specifyin� the date, time and purpose of entrv. 4. During any entry permitted by this section, PHA may take pictures to show dama�e to PFLA property, unsafe conditions, the presence of illegal drugs or other evidence of criminal activity, or housekeepm� violations 5. TenanYs failure to allow access, interference with ManagemenPs ri�ht to enter or any other non-compl�ance with this section shail be ,a�rounds for tesmination of tenancy. 11. YOTICES A. Any notice to the Tenant from Mana�ement will be in writin� either: 1. Delivered personally and handed to the Tenant or another member of the TenanYs household who is an adult; or 2. Be sent by prepaid fitst class mail properly addressed. B. If the Notice is delivered to a person other than the Tenant, Management will also mail a copy of the Notice to the Tenant. C. Any notice the Tenant gives ro Management must be in writing and either delivered to a Management employee at the assigned Management office or PHA Central Administrative Office, or be propedy addressed and sent by first class mail. 12. ABANDONMENT OF PROPERTY If the Tenant is absent from tF�e unit for fourteen (14) consecutive days and rent is owed, Ma�agement has the right to consider that the Tenaut has abandoned the �nit. Any of the TenanYs remaini�g personal property remaining in the unit will be co�sidered abandoned and may be disposed of by Management according to Minnesota law. 13. GRIEVANCE PROCEDIJRE All disputes about the Lease or about the responsibilities of Tenant, TenanPs household or Management, w�tl be processed aud resolved in accordance with the Gcievance Procedure of Management which is in effect at the time the dispute azises. The Geievance Procedure is posted m Yhe Management office and is made a part of this L.ease by reference 14. ADMISSION AND OCCUPANCY POLICIES The Admission and Occupancy Policies refeaed to in this Lease are the Admission and Occupancy Policies as approved and as amended by the PHA's Board of Commissioners and aze made a part of this Lease by reference. A copy of the Admission and Occupancy Policies and amendments is posted in the Management Office and may be examined at any time during business hours. 15. CAANGES TO TT3IS LEASE Changes to this Lease, other than changes in Tenant rent, will be made only by a written addendum signed by both Management acid Tenant. 16. RECEIPT OF LEASE AND OTHER DOCUMENTS BY TENANT The Tenant has received executed copies of this Lease and the Grievance P�ocedure, has been informed that the Admission and Occupancy Policies are posted in the Management Office and are available for inspection and underetands 6ow they all apply to the TenanYs tanancy. 17. ADDTTIONAL PROVISIONS 10-545 By si�mg below, Tenant and Management enter into this Lease which w�ll take effect on the date shown in Section 1, TERM OF LEASE; RENEWAL OF LEASE on page ] of this Lease. Tenant Tenant PUBLIC HOUSING AGENCY OF THE CITY OF SAINT PAUZ By: Housing Mana�er Tenant Council File # � 0 ' S't � Greeu Sheet #' 3105276 RESOLUTION CITY OF SAINT PAUL, MINNESOTA �p Presented by 1 WHEREAS, the Saint Paul Police Deparhnent needs authority to implement the attached agreement with 2 the Public Housing Agency (PHA) of the City of Saint Paul to continue the `A Community Outreach 3 Program' (ACOP) from April 1, 2010 through Mazch 31, 20ll; and WHEREAS, since 1991 the PHA and the City of Saint Paul have collaborated to provide the community policing program known as ACOP to create a drug and crime-free environment for the safety and protection of residents, employees, and visitors in public housing developments; and 9 THEREFORE BE IT RESOLVED, that the city council authorizes the City of Saint Paul to enter into, 10 Chief John Harrington to implement the attached agreement with PHA, which includes an indemnification 11 clause. A copy of said agreement is to be kept on file and on record in the Office of Financial Services. Adoption Certified by Cou 1 Secretary BY� ✓/ //vifu��t'GS�J/I Approv,d �{,�Date �'���lv By: I ��.(/ Adopted by Council: Date 5/�1�%�/(� �o-sq�to � Green Sheet Green Sheet Green Sfieet Green Sheet Green Sheet Green Sheet � --- - � oePe""'e�;°�`�`��``�` - �-�`����� ' Green Sheet NO: 3105276 . Pp Police Department i 02 APR 2010 , . '---- --- �----------- -------- ----� � ConWCt Person & Phone: I � Deoartment _ _ _ Sent To Person _ InitiailDate _ - ' ChiefJohn Haffinqton � '; o '�oticeDepartmeot____ _li_ Pohce_D_e�artment _ _ __ _ , ;, — __ _ -- . __ - 266-5588 ; 7�ohce De�a .__ � eohce De�ariwent _ — __ . ._ _ _ ___ _ — __ - _ - _ . __ _. _ ASSi9n ' 2 C� Altomey _— - - City Attorney �' L�' . � Must Be on Council Agenda by (Date): ��'� Number ', ty - =_ -- � -- � , I F � I 3 �inancialServices_ _ _._ � Director�FSO _ _._ � _—_ — --_ _' _ _--- _ _—_ _ __ .. _. ..;, Routing j 4 �1�t�or's_Office_.._ _ _._-_� , RESOLUTION I OMeY ' S Council Jr_ CouncO � I � ' UOC Type: ; i 6 C�ty Cierk _ �� Clerk � _ _— _— _.—_._.__ - _ . . � � — . - ! EAocument Required: Y I � 7 otice De ar�ent ' i Police De artmeut� __ ____ � � '�—_L— _ — �,.. _— J! _ � DocumentCotKact: EvetteScarver i i ConWdPhone: 26G554'I � � ; i �__ ___ .. _. _-_____�__— —_-_ _�_. _ _____ _______________ � Total # of Signature Pages �� (Clip All Lowtions for Signature) _-_-_ _ _- _ __ _______ __ . ._.-_ ___ _-- _. .._. _ _—___ _ ...__ _—___—___--_ _. _____— ' �i i AMion Requested: Signatures on the attached council resolution authorizing the City of Saint Paul, Police Department to enter into the attached � 'I agreement with the Public Housing Agency of Saint Paul (PHA). I i i �-- - ---- .. . - -- --- _ __ . ...- - --� ----�--�-------- �--------- �-'--- ----._ I Recommendations: Approve (A) or Reject (R): � Personal Service Contracts Must Answer the Following Questions: � ' Planning Commission i 1. Has this personlfirtn ever worked under a contrect for Nis department? �� � CI8 Committee � Yes No ( � Civif Service Commission { 2, Has this persoNfirtn ever 6een a city employee? � I Yes No i 3. Does this persoNfirm possess a skill not nortnally possessed by any I� current city employee? I Yes No ; E�cplain all yes a�swers on separate sheet and attach to green sheet. I, Initiating Problem, Issues, Opportunity (Who, What, When, Where, Wby): � Authorizarion is needed to enter into the attached ageement with the PHA to provide services for'A Commuinity Outreach Progam' (ACOP) from April 1, 2010 through Mazch 31, 2011. -- _ - - --- - _ -- --- - __ - ---_- ----- -- AdvanW9es If Approved: Ability to continue the ACOP progam, a collaboration between the City of Saint Paul and PHA to prwide a community policing program known as ACOP to create a drug-crime-free envizonment for the safety and protection of residents, employees, and visitors in public housing develapments. Disadvantages If Approved: None. - .._---- - -- - --- �----- ------- - ------- � ---------- � DisadvanWges If Not Approved: i Lost opportwury to work with the PHA to provide the ACOP program. � ; - ---- - . �---- --- -- ------- -------------- - - - l Total Amount of Transaction: �99��9•00 CosURevenueBUdgeted: 'i Funding Source: ACOP pctiviry Number: 04100 Financiat lnformafion: � (Explain) �___-.___.__ _ -- ____.._____-____.____--___. ���.;��V�� �1A`Y �J 4 �U�t� E l �', �' `° 3 April 2, 2010 931 AM Page 1 4 � Contract No. 10-084 , - S,�„ Service Provider ACOP FY2011 CONTRACT FOR SUPPLEMENTAL POLICE SERVICES This Contract is made and entered into this I day of Apri12010 by and between the PUBLIC HOUSING AGENCY OF THE CITY OF SAINT PAUL ("PHA"), and the CITY OF SAINT PAtiL (`City"), acting by and through its DEPARTMENT OF POLICE (`'Police Department') for the provision of specific police services to improve the safety, security and livability of the PHA's public housing properties. WT3EREAS, 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 public housing developments; and WHEREAS, the PHA desires 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; NOW, THEREFORE, the PHA and the City agree as follows Section L 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, sworn police officers and non-sworn civilian empioyees) are in addition to baseline police services, and that routine police patrol and response to 911 calls in public housing developments will continue to be the responsibility of other Police Department personnel normally 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 sha11 not be Iimited to: A. The City, by and through its Police Department, wiil assign one police officer of at least the rank of sergeant and additional police officers and civilian staff to perfonn specialized patrols to enforce all state and local laws and the PAA rules specified in this Contract. Sworn officers shall at all times remain part of, subject to and in direct relationship with the Police Department's chain of command and under Police Department rules, regulations and standazd 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 Poiice Department. C. The City agrees that the Police Department will employ a community policing concept and Yhat ACOP personnel will be based at PHA ]ocations as mutually agreed between the PHA and the Police Department. The City further agrees that Page ] of 10 Contract No. 10-084 Service Provider ACOP FY2011 Page 2 of 11 the Policz Department will develop and maintain communications with residents and wi11 assist in developing or enhancing crime prevention programs in public housing communities. D. The City agrees to collect and provide poiice workload data in public housina development and crime statistics, subject to federal and Minnesota state laws. This Contract provides sufficient basis for the exchange between 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 wiil appear 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 resident's household. Without limiting any of the foregoing, the City agrees that with respect to the services to be performed by any police personne] in accordance with this Contract, the appropriate Police Department Officer or Supervisor will meet with 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 aY least quarterly. G. The City agrees that Police Department personne] assigned to the ACOP unit wark 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 motar vehicies, bicycles or other equipment which aze requested by and are furnished 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. L The Poliee Department will provide at a minimum sixteen (16) hours of training on community relations and interpersonal communications skills to new staff assigned to ACOP. 10-545 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. 10-084 Service Provider ACOP �Y2011 Page 3 of 11 or that official's designee. The Administrative Liaison Officer may be the same person as the officer of the rank of ser�eant or higher, as required by Section 1.A. The Administrative Liaison Officer will perform the following duties: 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 ongoing 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 concerns raised by community leaders; 5. 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 cleazly 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 personnel on public housing management issues and will assist the Police Department in providing training to residents and PHA staff on community policing and crime prevention issues assoeiated with public housing. This training shall include, but not be limited to, the following: 10-545 Contract No. 10-084 Service Provider ACOP FY2011 Page 4 of 1 I Crime prevention and security responsibilities; 2. Community organization/mobilization against the causes of and precursors to crime; 3. Drug awareness and control; 4. Orientation and familiarization 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 wiil provide the following in-kind accommodations, services and equlpment: 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. 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 necessazy to provide routine maintenance and repair service to maintain the space in good working order, including maintenance and repair of electrical, plwnbing, sanitary, heating, ventilating and other facilities and appliances supplied by the PHA. 3. Equipment — Office space provlded by the PHA will be supplied with other additional equipment mutually agreed upon in connection with the performance ofthis Contract. Modification/Damage — The PHA will make reasonable modifications, inc]uding minor structural, electrical and mechanical changes to the accommodations provided in order to meet the City's operational needs. Any damage to the unit or equipment provided by the PHA for City employees, which the PHA determines to be above normal wear for the item or accommodation, shall be repaired or replaced by the City at the discretion of the PHA. 10-545 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. Contract No. 10-084 Service Provider ACOP FY2011 Page > of 11 D. The PHA reserves the right to reasonably request the Police Department to replace any ACOP personnel for the following reasons: 1. 1�'eglect or non-performance of duties; 2. Disorderly conduct, use of abusive or offensive language, or Yighting; 3. Criminal action; 4. Selling, consuming, possessing or being under the influence of intoxicants, including alcohol or illegal substances, while on assignment to the PHA; 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 witnesses 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 ruies and regulations: Authorized to remove unauthorized visitors in unoccupied structures of the PHA. 2. Authorized to remove 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 are destroying, defacing or removing PHA property. With regard to the foregoing nzles and regulations, the Police Department is hereby authorized, on behalf of the PHA, to give criminal trespass warnings 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 farbidden, and to arrest or cause the arrest and prosecution of any violators, when appropriate. 10-545 Contract No. 10-084 Service Provider ACOP FY2011 Page 6 of 11 B. The Police Department is also authorized to enforce the parking provisions of Saint Paul Legislative Code, Section ]�7.20, Public Housing Agency of the City of Saint Paul — Parkin� Restrictions. C. The Police Departrnent is hereby empowered to have removed any and all vehicles found parked 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 orincorporated herein now orin 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 sworn obligation as police officers. Section 4. Communications, Reporting and Evaluation A. CommunicaYions — Access to Information. The City agrees that the PHA will have unrestricted access to a11 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 Government Data Practices Act or any other law making information publac 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 actua] or potential criminal activity in or connected with the public housing developments in accordance with federal and Minnesota state laws. This information 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: L Hours worked: foot, bicycle, motorized, other 3. Calls/requests for service 3. Refeirals to City/PHA/agencies 4. Suspicious persons — name and description 5. Vehicles abandoned/towed/stolen 6. Drug paraphernalia confiscated/found 7. Arrests/citations of both residents and outsiders to include age, sex, efhnicity 10-545 Contract No. 10-084 Service Provider ACOP FY2011 Page 7 of I 1 8. Property recovered/stolen 9. Advise residents and visitors 10. Hazazdous or quality of life issues in the area such as broken lights Il. Graffiti 12. Conflict resolution; e.g., resolved apparent or actual conflict between two or more peopie 13. Vehicle license number of suspicious persons 14_ Weapons violationslseized C. Media Coordination. The Police Department 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 Department and the PHA shall continue to administer the ACOP community policing program. At the request of either party, the parties sha11 joint?y prepare a more specific plan of operations for use in preventing or eliminating drug-related erime. Section 6. Term of Contract This contract is effective as of April 1, 2010 and shall continue in effect until March 31, 2011, or until $499,449 is expended, whichever occurs first. Section 7. Compensation to the City A. All compensation to the City will be made on a eost xeimbursement basis. The PHA will reimburse the City for services specified in this Contract in a total amount not to exceed Four Hundred Ninetv Seven Thousand and Nine Hundred Fortv Nine Dollars ($497,949) in the following expense category: Assigned Personnel Salaries $497,949 Other — Por police officers assigned to Yhe ACOP unit, Yhe PHA agrees to reimburse the City for up to 30 consecutive days of sick leave or for 30 consecutive days of a duty assignment 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. 10-545 Attachment A to this Contract illustrates the approximate use of these funds. Contract No. 10-084 Service Provider ACOP FY2011 Page 8 of 11 Any reimbursement request submitted by the City that will result in an amendment to the contract amount listed above must be submitted with a explanation of reason(s). 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 housing developments, supervisory approval of the report, and supervisory verification of the necessity for any overtime worked. D. All requests for reimbursement are subject to the approval of the PHA's Executive Director, or that officiaPs designee, and the PHA shall thereafter make payment of the approved amount within thirty days of receipt of the request for reimbursement. E. 1. The PHA may make specific requests that police personnel perform special details on behalf of the PHA. If these special details require personnel to work on an overtime basis, reimbursement to the City will be made pursuant to subsection E2. 2. Overtime special details will be jointly agreed upon by the PHA and the Police Department for police personnel to perfonn activities on behalf of the PHA. Upon submission of proper documentation as required under this Section 7, the PHA shall reimburse the City for the full amount of the cost of such overtime compensation. Section 8. Audit Requirement The City and the Police Department shall have their financiai 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 Iater OMB circulars as applicable. Any audit finding relating to use of the PHA funds under this agreement must be addressed and cleared in a timely manner. 10-545 Section 9. Non-Discrimination Contract No. I 0-084 Service Provider .�COP FY20ll Page9of11 The PHA the City and the Police Department agree that in the administration of the program(s) no person shall, on the �rounds of race, color, religion, creed national origin or ancestry, familial status, sex, status w'ith regard to public assistance, mazital status, disability, age, sexual or affectiona] 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 Aii 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 governed by the Minnesota Government Data Practices Act, Mirui. Stat I 3.01 et seq., or any other appiicable state statutes, any state rules adopted to implement the Act, as well as federal regulations on data privacy. The parties agree to abide strictly by these statutes, rules, and regulations. The PHA has designated, and the City and the Police Department agree Yo designate, a Responsible Authority pursuant to the Minnesota Govexnn�ent Data Practices Act, Minnesota Statutes 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, discharge 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 shall not be applicabie where a decision or judginent 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 responsible for its own acts and/or omissions in carrying out the terms of this Agreement and Yhe 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 thereof. The liability of the City of Saint Paul and the Public Housing Agency of the City of Saint Paul, and their respective employees, officials and agents shall be governed 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, Inspecfion and Repair 10-545 The PHA, through its authorized employees or agents, shall have the right to enter the Contract No. 10-084 Service Provider ACOP FY2011 Page 10 of 11 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 (I) day's notice for the 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 seli, destroy or otherwise dispose of any personal property left on the premises by the Police Department after the Policz Department has vacated or abandoned the premises Section 14. Amendments; Termination A. Changes in the terms of this Contract may be made only by written amendment mutually agreed 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, Return Receipt Requested. Section 15. Attachments The following attachments are hereby incorparated into this contract by reference: Attachment A: Attachment B: Attachment C: Budget Narrafive PHA Family Dwelling Lease PHA Hi-Rise Dwelling Lease Section 16. Benefit and Duty This Contract will be binding upon and inure 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 intended to, nor does it, create a special duty on the part of either party to each other or to a third party. This Contract supersedes the most recent contracf and all other previous contracts entered into by the parties for the same purpose as this Contract is made. 10-545 By signing below, the Public Housing Agency of the City of Saint Paul, and the City of Saint Paul, Departmenf of Police enter into this Contract which shall take effect on the date stated above. Contract No. 10-084 Service Provider ACOP FY2011 Page 11 of 11 PUBLIC HOUSING AGEl�`�I' OF HE CITY OF SAINT PAUL � , B By: ;'� i�,� ' �^ � Its: John 7ight, Cont cti g O er Its: Ronald Mo- , Co�troller � , CITY OF SAINT PAUL'DEPARTMENT OTzP�LICE By: sy: Its: Chief of Po�ce Its: Mayor, City of.Saint Paul By: \ By: Its: Director, OFS ��� Its: Director, Hut � n Rights Dept. 10-545 By: Its: Assistant City Attorney � O O N Q N � � } M Z � s W N � � � N U m � Q � � E Q O 2 �a� a �° � � � O Q C � � _ C� Q Q a � � N w � d N � c r r '° �` o s U i» � � T � � � N 6) } °� � � O � � M N 6) } � � � ff3 � � O � O � N V � n � � � O O � O � N CO } � LL � n °' o a' O N N � � � LL � � � O N o °� N N � �' �� N � U � O � � R � � a` � C 7 LL Y . R U Q x a O p � � � O � N c �- R w s U � 0 N } LL O O N � LL � O O N Y LL W O O N � LL 1� 0 O N � LL � O 0 N � LL N � N � 0 0 0 0 0 o a o w � r � O o� N N �IO M M M (O O O �r ss �r Es es o rn rn o rn co co v o �t � � � � � � � � � � � ra� rn v v v Ef3 ER N M � O �+7 M CO r O � � GO W tn M � 4� W � W V V V U) EA I� N 6) O oi O o0 N O 00 M CO 6) � �f V c0 N c- cf O (O I� 1� v v �t U-J EA � � M N �D M � V � EA dJ � O � O 61 co �-- rn o rn M � 1� ln N � � � � � � � � OJ I� l(� O tD O � N O N � r c �n w � � m � M c� v v EfiT fR � d � N � � `� O � N .. O � N � (J C U O £ � T � o a � �n ,� o � o CJ J � � (O .Y O '_ C Q Q N 7 7 � � � � � U � � �1�- O � O U � � � � � N c� N N � N N L L U � � � y '^ '^ c � v! V! C � Q _ a � � � U a � � s � � a � 0 Q 0 � C m v; N O U �- N c � � � C � N N � N N � N � � U Q N t O T N Q O � � � � O U � C N „ E C � � m � a�"i O O CJ a� Q U � O .�. � T N S w � a � � L � Q � m c il � C Q � _� vJ � w � o � a � .� � c� o �� � � � � 10-545 Q U N Q > N � AV[SO! Si no puede usted Icer ingles, favor de av�sar a su representanie de PHA (Aeencia deAlo�emiento PGbLco) para que le proporcionen un interprete. CEESTOOM! Yoe tias ko� nyeam rsis tau Askrv, nue tuc neeg ua hauj hvm au koj tom 6ev loom (PHA) kom pab nthiav neeg tehais lus 7RAYSLATION TRANSLATION 10-545 NOTICE! Ifyou cannotread English, please ack your PFiA wntac[ person to pro��de an inrerprecer. NOTICE! If you canwt read Engiish, pleaze ask your PHA contact peaon lo provide an interpreter PUBLIC HOUSING AGENCY OF THE CITY OF SAINT PAtiL HI-RISE DWELLING LEASE tinit Idenriftcarion �: Name of Tena�t(s): Address: Dwelling Unit: Number of Bedrooms: The Public Aousing Agency of the Gry of Saint Paul (PHA), in this Lease called "Management, leases to the Tenant Family, in this Lease ealled "Tenant, the dwelliug unit as described above aeeordi�g to the terms and conditions stated in this Lease. The term, "dwelling unit," refers to the living unit for the Te�anYs exclusive use. The term, "prem�ses," as used i� this Lease refers to the dwelling unit, the building and common areas, and the entire development 1 TERM OF LEASE: IZENEWAL OF LEASE This Lease begins on , . This Lease will automatically renew annualLv, u�less ended by eiffier Management or Tenant as provided in this Lease or as otherwise required by law. 2. MEMBERS OF HOUSEHOLD Only the following persons may reside in the dwelling unit with the oamad Te�ant Name Relationshi Gender Date of Birth The TenanTs household has the right Yo the exclusive use and occupancy of the unit. This right includes having guests stay in the unit up to Ffreen QS) days for each guest in one calendar year. Upon a showing of special cireumstances or need, Managemeot may exteud this pe�iod for a reasonabla additional time, not to exceed thir[y (30) days. This limitation does not apply to liv�in aides and foster children who may reside in the unit with the consent of Management. 3. PAYMENTS DUE UNDER TIIE LEASE A. Rental Pavments I. The first rent payment for the period beginnin� , , and ending is $ . This payment is due at the tune this Lease is signed. 2. The monthly rent of $ is due on or before the fitst day of each month beginning . This monthly rent may cha�ge for reasons stated in Section 5 oF this Lease. Rent that is paid afrec the tenth (10'") day of the month is considered Late. If rent is not paid on time, a late fee will be chazged in an amount as provided in the Admissior, and Occupancy Poiic;es. A iee �vi;. a.so be c;�srge� :n z: za:euct zs provid�d ;.^, the Adm�ssion aud Occupancy Policies for checks retumed for non-sofficient funds or acco�nt closed. 3. If Tenant wants to end this Lease (See Sect:on 9C), the Tenant must comply with Section 11C and continue to pay rent for at least 30 days after the Tenant has given written notice to Management of an intent to vacate. For any days after thir[y (30) days, rent will be based on the monthly rate divided and charged on a daily basis. If the Tenant wants to end this Lease but fails to give Management a written notice, rent will be chazged for thirty (30) days from the day Management leams the Teoant has moved. HD�24B -HrvR�se Dwelimg Leaze Rev 3/2010 Pa�e 1 of 8 B. Securiri Deoosit The Tenant has agreed to pay $ by Ma�agement in accordance rea lattons. 10-545 as a securiry deposit with Management The securiry deposit will be held with [he Admission and Ocwpancy Policies, Minnesota law and Federal C. CharQes Due The Tenant is responsible for payin� chazges for, but not limited to, maintenance and repair, late rent payment fee, fee for retumed checks, legally atlowable court costs, and other charges in accordance with the curtent schedule of chazges pos[ed in the Managemwt office. Payment must be made [o Mana�ement two weeks afrer Mana�ement gives written notice to the Tenant of the chazees. 4. PAYMENT OF UTILITIES A. Bv blana¢ement Management will pay the full cost of water, garbage collectioq sewer service, gas, electriciry and heat, and will pmvide a range (stove) and refrigerator for the unit. B. Bv Tenant Tenant must notify Management before installing a room air conditioner or food freezec If Tenant has a room air conditioner or food freezer, Tenant will be chazged a utility use fee by the PHA. The charge must be paid each month. The monthty amount charged for the room air conditioner or food freezer may be adjusted from time to time by the PHA. 5. DETERMINATION OF RENT. ELIGIBII,ITY FOR CONTINUED OCCUPANCY. AND UNIT SIZE A. Redetermination of Rent At least once each year, and at other times as described below, Ma�agement will decide whether the Tena�Ys rental rate should be changed, whether the dwelling unit size is still appropriate for the size and/or composition of the TenanYs household, and whether the Tenant is eligible for continued occupancy in accordance with the Admission and Occupancy Policies which aze available for review at the Management office When requested by Management at the time of the determination, Tenant shall prov�de accurate and current infortnation concerning: 1. The number of people in TenanYs household, their age, gender, and any other information required by Management. 2. The source and amount of income received by everyone in the TenanYs household. 3. My allowable deductions. The deteimination of TenauYs eligibility for continued occupancy will ioclude a review of TenanYs compliance with communiTy service requirements, rent paying history, housekeeping inspection res�tts, reco�d of cooperation with MauagemenYs pest control program and all other lease compliant behavior B. Interim Redetermination The rental rate showu in Section 3 will remain iu effect for the period beriveen reg�lar rent redeterminations unless one of the following events happens during such period: L There is an addition or loss of any adult member tn the TenanYs household or the addition of any minor not bom inYO the household duriog this tenancy; 2. There is any increase i� monthty gross household income of $400 or more, whether due to one increase or more than one increase in the income of one household member or due to the cumulative increases of multiple family members; 3. There is any reported decrease in income or an increase io allowa¢ces or deductions that would result in a rent decrease; 4. The current rental �ate was calculated for a temporary time period due to the inabiliTy to accuiately p�edict income for an annual period. This includes, but is not limited to, all households whose total income is zero. The effective date for changes in rent based on interim redeterminations will be in acwrdance with the Admission and Occupancy Policies. 10-545 2. TenanYs misrepresentation anNor failure to timely provide information regarding income, assets, family compositioq abuse or pattem of abuse of alcohol, illegal use or pattem of illegal use of a controlled substance or criminal activiry, or any other infoanation material to the detertnination of eligibility for admission, rent, eligibiliry for continued occupancy, or unit size is grounds for termination of tenancy. Additionally, if the PHA determines that the Tenant was admitted to housing or has remained in housmg due to TenanYs misrepresentation, the PHA may terminate te�ancy. D. Chanee of Unit Mana�ement will give notice to Tenant that Tenant will be required to move to another unit that is decent, safe and sanitary and is of an appropriate size under Mana�emenYs Occupancy Siandards in accordance with the Admission and Occupancy Policies under the followine circumstances: L If Management decides that the Tenant is living in a unit which is larger or smaller than the PHA's Occupancy Standards allow for Ihe household size and compositioq or 2. If Management decides that the unit is otherwise inappmpriate for the household size or composihon, including, but not limited to, when a unit modified for handicapped persons is bein� occup�ed by a household without handicapped persons; or 3. If Management decides that the unit requires substantial repairs or is scheduled for modemi�ation or is not in decent, safe and sanitary condition. After Management notifies the Tenant of the new uniYs availability, the Tenant must move to the new unit in accordance with the PHA's Admission's and Occupa[�cy Policies regarding Transfers. If Ihe Tenant fails to move as required by Management, [hen Management has the righ[ to take legal action to te�ninate this Lease Tenant shall move immediately to a new unit upon ManagemeoYs request when the unit is uninhabitable. If the Tenant or a member of [he TenanYs household, a �uest or another person under TenanYs control caused the uninhabitable condition of the uuit, Tenant shalt pay all moving expenses and the cost of repair to the unit. Transfer to a new unit does not remove or eradicate prior or existing Lease violations and the PHA retains the right to tem�inate the new Lease for violations of the Lease while Tenant occupied the uninhabitable unit. Tenant may ask for an explanation of the specific grounds of the PHA determinatioa If the Tenant does not agee with the determinatioq the Tenant has the right to request a hearing uuder Management's Gnevance Procedure. 6. MANAGEMENT'S OBLIGATIONS Management agrees to do the following: A. Repair and maintain the dwelliug �nit, equipment and appliances, and the oommon areas and facilities which are ❑eeded to keep the housing in decent, safe and sanitary condition. B. Comply with all reqairements of applicable state and local building and housing codes and HUD regulafions mate�ially afFecting the health or safety of Yhe occupants. Q Keep development buildings, facilities and commou areas, noY otherwise assigned to tenants for maintenance and upkeep, in a clean and safe condition. D. Maintain electrical, plumbin�, sanitary, hearing, ventilating and othex facilities and appiiances, including elevators, supplied or required to be supplied by Management in good and safe worki�g order and coudition. E. Prov�de and maintain trash and garbage containers for the development. F. Supply running water, and reasonable amounts of hot water and reasonabte amounts of heat at appropriate times of the year, all io compliance with applicabla state law and ciry ordinance. G. Thoroughly clean the dwelling unit as necessary before the transfer of the Tenant from one dwelling �nit to another and before a new Tenant moves in. A. Offer the Tena�t a replacement dwelling unit, if available, if the coudition of the TenanPs present dwelling unit is haza�dous to the health or safery of the occupants and the coodition �s not corrected in a reasonabte time. Rent will be decreased taking into consideration the seriousness of the damage and loss in val�e of the dwelling unit if repairs are not made within a reasonable time or substitute accommodations are not provided m accordance wrth this paragraph. However, no decrease in reut will be made if the tenaot refuses to accept the substitute aceommodation or if the damage was caused by the Tenant, TenanPs household or guests. 10-545 3. Pay reasonable charges, in accordance with the curzent schedule of charges posted in the Management office, for the repa'v of damages beyond normal wear and tear to the unit, development buildings, facilities or common areas, caused by either intentional or negligent conduct of Tenant, members oF the household or guests. 4. Use the unit solely as a private place to live for the Tenant and members of the Tenant's household as identified in Section 2, and not use the unit or permit iu use for any other purpose. 5. Ask for the consent of Management before members of the household enga�e in profit making activities in the dwellin� unit Mana�emen[ must also decide whether such activities are le�al and are incidental to the primary use of the leased unit for residence by members of the household. 6. Obey the written re�ulations, including but not limi[ed to the requ'uements contained in the Hi-Rise Aandbook, that are posted in the Mana�ement office These re�ulations are made a part of this Lease by reference. 7. Comply with all applicable federal, staEe, and local codes, ordinances, laws a�d regulations indudine but nof limited to those relating to buildin�, housing, health, sanitation, safery, and fire. 8. Keep the unit in a clean and safe condition. Tenant shall maintain the unit in accordance with PHA's Housekeepin� Standazds and shall allow PHA to conduct housekeeping inspections. The PHA's Housekeepin� Standards are made a part of this Lease by reference. 9. Prepare the unit and otherwise comply with PHA employee or contractor ins[ructions to facilita[e pest treatrnent. ] 0 Dispose of all garba�e, mb5ish and other waste from the unit in a sanitary and safe manner. l l. Use only in a reasonahle manner all electrical, plumbing, heatin�, ventilating air-conditioning, elevators and other facilities in the development buildiogs and common areas. 12. Park no more than one vehicle per licensed ]easeholder in the designated pazking areas (up to a maximum of two vehides for the ho�sehold). Tenant must park a vehicle in a manner so that it will not obstruct traffic and may not allow any vehicles to remain in the parking area or other part of the hoosing development when such vehicle is u�liceused or no lo�ger in operating condition. Tenant shall assure that the vehicle(s) on the premises have current license tabs, aze insured, and are in compliance with applicable motor vehicte laws and ordinances. At TeuauYs expense, Management may tow veh�c(es that aze not in compliance with this Lease or ManagemenYs parking policy. 13. Immediately report to the Management Office any damage or vandalism to the prem�ses. 14. Immediately report to the Maintenance Office any need for repair Yo Yhe mterior or exterior of the dwelling unit and any other azea used by the Tenant in connection with the TenanYs occupancy of the unit. 15. Participate in a training proaxam on housekeeping and home care skills if Management decides that fhe conditiou of fhe unit does not meet the housekeeping standa�ds esYablished by Y6e PHA. Such training will be provided by Managemeut. 16. Comply with commuuity service or self-sufficiency requirements in accordance wifh Federal law, regulations and ManagemenYs Admission and Occupancy Policies. Each adult member of the TenanYs household must comply wifh these requiremeuts B. The Tenant shall not: 1. Assia or transfer the Lease or sublease the unit. 2. Provide housing for boarders or lodgers or other unauthorized persons. 3. Allow any person who has been trespassed by the PHA access to the unit, hi-rise common areas, or other PHA property 4. Disturb other tenants or neighbors and shall assure that guests, visitors, or other persons under control of the Tenant or other household member do not disNrb other tenants or neighbors. Persons who are permitted access to the unit or otherwise allowed to remain in Ehe unit by the Tenant or other household member are considered to be under the control of the Tenant. 5. Scatter rubbish, damage, destroy, deface or remove any part of the dwelhng �nit or premises, intentionalty or as a result of negligence, and mast prevent such action by guests, visitors or oEher persons under control of household members. 6. Store an excessive amount of items, clutter or fire haz�ds in the dwelling unit or oa ffie premises m violation of any fire code or PHA housekeeping standards. The Tenanf may not obstruct an entryway, hallway, walkway, doorway, bathroom, shower, bathtub, sink, appliance, heating source, cirwit breaker, window or smoke detector. 7_ En�age in any activity, including cciminal activiTy Yhat the PHA determines threatens the health, safety, or xight to peaceful enjoyment of the public housing premises by other tenants or employees of the 10-545 manufacture, sale, distribution, or use of a drug, or the possession of a drug with the intent to manufacture, sell, distribute or use the drug. (ii) DruQ means a controlled substance as defined i� section l02 of the Controlled Substances Act (21 U.S.C. 802) and/or as de6ned in Minnesota Statutes, Section 152.01. 9. En�age in abuse or demonstrate a pattem of abuse of atcchol that Management determines affects the health, safeTy, or right to peaceful enjoyment of the premises by other tenants, nei��,hbors or employees of the Management Tenant shal! assure that no guest or other person under TenanYs control enga�es in such abuse or pattem of abuse. 10. Commit any fraud in connection with any Federa! housing assistance pro�ram. 11. Make arry repairs or changes or modifications to the unit or equipment provided by the PHA, or install any permanently attached carpet or am equipment, includin�, but not limited to, door locks, w�ithout the written approval of Mana�emeni. Installation of satellite dishes, antennas or othe� reception devices shall be in accordance with rules adopted by Management, which aze made a part of this Lease by reference. 12. Interfere with or refuse to cooperate with PHA's employees or contractors performance of duties. 13. Have any fowl, snakes or other animals on the premises, except small ca�ed b�rds, fish in aquariums, small ca�ed animals that will be kept indoors or a do� or cat as apprwed by Mana�ement and in accordance with the PHA's Pet Policy. 14. Create (by act or omission) or pertniY to exist any condition on the premises which results in a risk to the personal health or safety of any person or damage to property. 15. Engage in, or aliow members of the household, guests, or another person under the TenanYs control to engage iq any activiTy, including criminal activity, which impairs the physical or social environment of the prem�ses, the neighborhood, or the development. 16. Smoke, or allow TenanYs �uests, visitors or another person under the TenanPs control to smoke in any common areas of the hi-rise. Common areas indude the CommuniTy Room, hallways, stairways, eleva[ors, public rest rooms, laundry rooms and auy other indoor space that is not within and a part of the TenanPs dwelling unit. 8. PET POLICY AND DEPOSIT A. Tenaut agrees to abide by all terms and conditions of the PHA's Pet Policy, which will be furnished to Tenant by Management The PHA's Pet Policy is made a pad of this Lease by reference. Failure to abide by the Pet Policy is grounds for terminatio�. B. Except as provided in subsection D below, Management and Tenant mumally agree to allow Tenani m keep as a pet one cat or one dog that weighs no more than 25 pounds, or keep such other pet as is allowed by the PHA's Pet Policy. Tenant agrees to register the pet with Management before bringi�g the pet into the dwelling unit. C. Tenant shall pay a peY deposit to Management in accordaoce with the PHA's Pet Policy Management will hold the pet deposit until the tenant moves out or no longer owns or keeps a pet in the hi-rise. The pet deposit will be fully refunded, with interest, provided that no pet damage has been done to the dwelhng unit. Amouots necessary to repair such damage will be deducted from the pet deposit. D. EXCEPTIONS: Dogs are �ot perrttitted at Mt. Airy, Dunediq Wabasha, and Exchange hi-rises. 9. TERMINATION OF THE LEASE A. Management will ¢oY terminate or refuse to renew the Lease and will oot evict Tenant from the dwelling unit except for serious or repeated violation of material terms of the Lease or other good cause. Serious violation of the Lease includes, but is not limited to: (a) Failure by a Tenant to report any i�creases in household income during a scheduled rent and inwme review or as specified under Section S.D or failure to appear for a scheduled rent and income review. (b) Non-payment of Tenant rent or other charges in a timely manner. (c) Failure to accept a t�ansfer for reasons specified in Section S.D. (d) Failure of Tenant, members of TenanPs household, guests and other persons under TenanYs control to fulfill obligarioos under Section 7 of this Lease. (e) The possession, use, or sale of a small amount of marijuana by a Tenant, members of the hoasehold, gaeete of the 6ousehold, or any other person ander the Tenant's control is a serious violation of the Dwelling Lease. A report to law enforcement or a citation issued by law enforcement for a violation of Minnesota Statutes, Section 157.027 is not oecessary to establish a violation of the Dwelling Lease under this provision. 10-545 Federal housing law and rea lations. (� Failure of the Tenant to timely provide to the PHA any certificatioq release, infocmation or documentation on family income, assets, family compositioq abuse or pattem of abuse of alcohol, ille�al use or pattem of illegal use of a controlled substance or criminal activ�Ty, or any other infortnation material to the determination of eligibility for admissicq rent, elioibiliN for contirmed occupancy, or unit size. (g) Misrepresentation of materia] information, failure to provide complete information, or fraud by the Tenant or a member of the Tenaz�YS household, at any time relevant to eli�ibiliTy for admission, Ihe determination of renc, eligibiliry for continued occupancy or unit size. B. Domestic Violence, Dating Violence, Stalkine 1. Management will not terminate or refuse to renew ihe L,ease and will not evict Tenant or a member of TenanYs household from the dwelling unit if the Tenant or household member is a victim of actual or threatened "domestic violence, dating violence, or stalkin�," as those terms aze defined by the PHA's Admission and Occupancy Policies. 2. Pursuant to Federal law, Management may bifurcate this Lease in order to evict, remove, or tertninate the assistance to any person who is a Te�ant or a lawful occupant under this Lease when such person en�ages in criminal acts of physical violence against family members or others, on or off the premises. Management may take such action without evicting, removing, terminating assistance tq or otherwise penalizing a victim of such violence who is the Tenant or is a lawful occupant u�der this Lease. 3. Notwithstanding anything to the conhary contained in paragaphs Bi and B2 above, Management may terminate the Lease and evict the Tenani if it can demonstrate an acmal and imminent threat to other tenants or to those employed at or providing service to the development in which the unit is located, if the tenanPs tenancy is not terminated. 4. Nothing in this section shall prohibit Managemeot from teaninating the Lease at�d evicUng the Te�ant based on a violation of this Lease not involving domestic violence, dating violence, or stalking against Tenant or household member. C. This Lease may be terminated by the Tenant at any Ume by giving at least thirty (30) days written notice to Management on or before the last day of the month the tenant intends on vacating the unit (see Sectaon IICJ The Tenant shall leave the unit in a clean and good condition and return the keys to Management when the Tenant moves out Failure to provide proper written notice or failure to leave the unit in a good and clean condition or failure to retum the keys to Ma�agement may resulT in additional chazges to the Tenant. D. If the signer(s) of the Lease is no longer a member of the TenanCs household, this Lease will terminate. A new Lease will be executed and si�ed by all adult �emaining members of the household if those persons have �ot violated the terms and provisious of the Lease and the family continues to be eligible for low-income housing. E. If the Tenant transfers to another unit operated by Managemeut, this Lease will terminate and a new Lease will be executed for the uniY into which the Tenant moves. However, ihe signing of a new Lease does not remove or eradicate p�io� or existi�g Lease violations and the PHA retains the right to terminate the uew Lease for violatious of the I,ease being terminated. F. Management will give the Tenant written notice of terminaYion of the Lease as follows. I. Fourteen Q4) days in tiie case offailure to pay rent; 2. A reasonable time depending on the se�iousness of the sitaation in the case of a tt�reat or act against the health or safety of other tenants, ManagemenTs employees, or other persons, or 3. Thirty (30) days in all other cases. G. Accepta�ce of rent with la�owledge of good cause for termination of the Lease shall not be considered a waiver of Management's ri�t to terminate this Lease on the basis of such good cause nor of ManagemenPs right to assert such good cause in any legal action. If the Tenant continues to occupy the dwelling u¢�t afrer the Termivation of the Lease, the Tenant agrees to pay Management the reasonable value of the use of the premises for the period that the Tenant continues to occupy the unit. The reasonable value for the use of the premises is equivale�t to the amount of rent for such period. However, such payments shall not constitnYe rent aod by accepting such payments Management does ¢ot waive its right to assert any Lease violations in any legal aciion. If Management decides Yo terminate this Lease, it will give Tenant a written notice which states the reasons for 10-545 Management. G Management may enter TenanPs unit as follows: 1. Management �vill provide Tenant with two (2) days written notice statin� the purpose of entry into the unit, except that Management will provide Tenant with reasonable notice (written or oral) when it is necessary to enter the unit for makin� improvements or repairs. Management entry will be between the hours of 8:00 a.m. and 430 p.m. for the purposes of perFoaning routine inspections and maintenance, including pest control operations, for making improvements or repairs, or to show the premises for re-rentat. 2. Mana�ement may enter the unit at any time w�thout prior notice to the tenant when there is a reasonable cause to believe an emer�ency exists; 3. If al] adult members of the household are absent at the time of entry, Management w�ll leave a written statement in the unit specifyin� [he date, time and purpose of entry. 4. Durin� any entry permitted by this section, PHA may take pictures to show damage to PHA property, unsafe conditions, the presence of illegal drngs or other evidence of criminal activ�ry, or housekeeping violat�ons. 5. TenanYs failure to allow access, interference with Mana�emenYs right to enter or any other non-compliance ��ith this section shall be a ounds for termination of tenancy. 11. NOTICES A. Any notice to the Tenant from Management will be in writing either: 1. Delivered personally and handed to the Tenant or another member of the TenanPS household who �s an adult, or 2. Be sent by prepaid first class mail property addressed. B. If the Notice is delivered to a person other than the Tenant, Ma�agement will also mail a copy of the Notice to the Tenant. C. Any notice the Tenant gives to Management must be in writing and either delivered to a Management employee at the assigned Management office or PHA Cenhal Administrative Office, or be properly addressed and sent by first class mail. 12. ABANDONMENT OF PROPERTY If the Tenant is absent from the unit for fourteen (14) consecutive days and rent is owed, Management has the right to consider that the Tenant has abandoned the unit. Any of the Tenacit's remaining personal proper[y remaining in the unit will be considered abandoned and may be disposed of by Management accordmg to Mmnesota law. 13. All disputes about the Lease or about the responsibilities of Tenant, TenanPs household or Management, will be processed aud resolved in accordance with the Cttievance Procedure of Management which is in effect at the t�me the dispute azises. The Grievance Procedu�e is posted in the Management office and �s made a part of this Lease by reference. 14. ADMISSION AND OCCUPANCY POLICIES The Admission and Occupancy Policies referted to in this Lease are the Admission and Occupancy Policies as approved and as amended by the PHA's Board of Commissioners and are made a part of this Lease by reference A copy of the Admission and Occupancy Policies and amendments is posted in the Management Office and may be exami�ed at any time during business hours. 15. CHANGES TO THIS LEASE Changes to this Lease, other than changes in Tenant rent, will be made only by a written addendum signed by both Maoagement and Tenant. 16. RECEIPT OF LEASE AND OTHER DOCUMENTS BY TENANT The Tenant has received executed copies of this Lease and the Grievance Procedure, has been informed that the Admission and Occupancy Policies aze posted in the Management Office and aze ava�lable for inspection and understands how they all apply to the TenanPs tenancy. 17. ADDITIONAL PROVISIONS 10-545 By signing below, Tenant and Management enter into this Lease which wi]l take efFect on the date shown in Section l, TERM OF LEASE; RENEWAL OF LEASE on page I of this Lease. Tenant Tenant Tenant Date PUBLIC HOUSI�i G AGE�CY OF THE CITY OF SAINT PAUL Housing Manager AVISO! Si no puede usted ieer ingl6s, fawr de avisar a su repruentante de PHA (Agenma de Alojamiento Publico) para quelz proporcionen un interprete CEEBTOOM! Yog [ias koj nyeem uis tau Asl:iv, nug Ns neeg ua hau] hrm au kq �om ¢ev loom (PHA) kom pzb nrhiav nee� o.hais lus TRANSLATION TRAVSLATION 10-545 NOTICE! IP you cannot read E�ghsh, please ask your PFiA cmtact person ro pmv�de an mcerprerer NOTICE! If vou canno[ read Enehsh. piease uk your PHA co�[ac� person to provide an steryrcter. PUBLIC HOUSING AGENCY OF THE CITY OF SAINT PAUL FAMILY DEVELOPMENT DWELLING LEASE Unit Idenrification #: Name otTenant(s): Address: DweRing Unit: Number of Bedrooms: The Public Honsing Agency of the CiTy of Saint Paul (PHA), in this Lease called "Mauagement," leases to the Tena�f Family, in this Lease called "Tenant," the dwelling unit as described above according to the tertns and conditions stated in this L.ease. The term, "dwelling uoiY," refers to the living unit and adjacent area assigned for the TenanYs exclusive use and to the area(s) assigned in Section 8 of this lease. The term, "premises," as used m this Lease refers to Ihe dwetling unit, the building and common areas, and the entire development. 1. TERM OF LEASE; RENEWAL OF LEASE This Lease begins on , . This Lease will automatically renew annuallv, unless ended by either Management or Tenanf as provided in this Lease or as otherwise required by law. 2. MEMBERS OF HOUSEHOLD Only the following perso�s may reside in the dwelling unit with the named Tenant: 10-545 2. The monthly rent of $ is due on or before the first day of each month beginning . This monthly rent may change for reasons stated in Section 5 of this Lease. Rent that is paid after the tenth (10'�) day of the month is considered late. If rent is not paid on time, a late fee will be charged in an amount as provided in the Admission and Ocwpancy Policies. A fee will a(so be char�ed in an arnount as provided m the Admission and Occupancy Policies for checks retumed for non-suf£cient funds or account closed. 3. If Tenant �vants to end this Lease (See Section 9C), the Tenant must comply with Section t IC and continue to pay rent for at least 30 days after the Tenant has given written notice to Manasement of an intent to vacate For any days after thirty (30) days, rent will be based on the monthly raie divided and chaz�ed on a daily basis. If the Tenant wants to end this Lease but fails to oive �Ianagement a written notice, rent will be char�ed for thirty (30) days from the day Mana�emen[ learns the Tenant has moved. B. SecuritvDeoosit The Tenant has a� eed to pay $ by Mana�ement in accordance rea lations. as a security deposit with Management. The security deposit will be hetd with the Admission and Occupancy Policies, Minnesota law and Federal C. Charees Due The Tenant is responsible for paying char�es for, but not limited to, maintenance and repair, late rent payment fee, fee for returned checks, legalty allowable court costs, and other chazges in accordance with the wrrent schedute of charges posted in the Management office. Payment must be made to Mana�ement two weeks afrer Management gives written notice to the Tenant of [he charges 4. PAYMENT OF UTILITIES A. Bv Mana2ement Management will pay Yhe full cost of water, garbage collectioq sewer service, and will p�ovide a range (stove) and refrigeratoc for the unit. B. Bv Tenant Tenant is responsible for the paytnent of gas, electriciry aod heat. As part of ihe determination of the monthly rent, Management agrees to adjust the rent by the applicable utility allowance as stated in ManagemenYs Admission and Occupancy Policies. 5. DETERMINATION OF RENT, ELIGIBILITY FOR CONTINUED OCCUPANCY. AND UNIT SIZE A. RedeterminationofRent At least once each year, and at other times as described below, Management will decide whe[her the TenanTs rental rate should be changed, whether the dwelling unit size is still appropriate for the siu and/or composition of the TenanYs household, and whether the Te�ant is eligible fo� continued occupancy in accordauce with the Admission and Occupaney Polieies whieh aze available For review at the Ma�agement office. When requested by Management at the time of the determination, Te�ant shall provide accarate and current information concerning: . 1. The number of people in Tenant's household, their age, gender, and any other information required by Management. 2. The source and amount of income received by everyone in the TenanPs household. 3. Any allowable deductio�s. The determination of TenanPs el�gibility for continued oeeupaney will include a review of TenanYs compliance with community service requirements, rent paying hismry, housekeeping inspection resulis, record of cooperation wrth ManagemenYs pest control pro�'am and all other lease compliant behavior. B. Interim Redetermination The rental rate shown in Section 3 will remain in efFect for the period betwee� regulaz rent redeterminations unless one of the following events happens during such period: 1. There is an addition or loss of any adult member to [he TenanYs household or the addition of any minor not born into the household during this tenancy; 2 There ie anv increase in monthlv eross houeehold income of $400 or more. whether due to one increace or 10-545 [f the rental rate is adjusted, Management will mail or detiver a notice of rent adjustment to the Tenant in accordance with Section 1 i. Tenant has an obligation to report ALL changes in income or family composition, as specified in this Secrion, to Management within 10 days after the change has happened. C. Faiture to Provide Dowmentation aud Misreuresentation I. Failure by a Tenan[ to report any increases in household income durmg a scheduled rent and income rev�ew or as specified under Section SC or faiiure to appeaz foi a scheduled rent and income review is a senous and material viotation of the Lease. Any rent increase calculated due to unrepoRed household mcome will be effeciive retroactive to the time Ihe increase would have been made had the increase in househotd income been timely reported. 2. TenanYs misrepresentation and/or failure to timely provide information re�arding income, assets, famity compositioq abuse or pattem of abuse of alcohol, illegal use or pattem of ille�al use of a co�trotled substance or criminal activiry, or any other information materiai to the determination of eligibility for admission, rent, eli�ibility for continued occupancy, or unit size is �ounds for termination of tena�cy Additionally, if the PHA determines that the Tenant was admitted to housing or has remained in housing due to TenanPs misrepresentation, the PHA may terminate tenancy. D. Chanee of Unit ManagemwY will give not�ce [o Te�ant that Tenant will be �equired to move to another unit that is decent, safe and sanitary aod is of an appropriate size under ManagemenCs Occupancy Standards in accordance with the Admission and Occupancy Policies under the following circumsta[ices: 1. Sf Managemeut decides that the Tenant is living in a unit which is larger or smaller than the PHA's Occupancy S[andards allow for the household size and composrtion; or 2. If Management decides that the unit is otherwise i�appropriate for Ehe household size or compositioq induding, but not limited to, when a unit modified for haudicapped persons is being occupied by a household without handicapped persons; or 3. If Management decides that the unit requires substantial repairs or is scheduled for modemizat�on or is not in decent, safe aud sanitary co�dition. Affe� Management notifies the TenanY of the new uniYs availability, the Tenant must move to the new unit iu accordauce with the PHA's Admissiods and Occupancy Policies regarding Transfers. If the Tenant fails to move as required by Management, then Management has the right to take legal action to terminate this Lease. Te�ant shall move immediately to a new unit upon ManagemenPs request when the �mt is uninhabitable. If the Tenant or a member of the TenanYs household, a guest or another perso� under TenanYs co�trol caused the uninhabitable condition of ihe �it, Tenant shall pay ali moving expenses and the wst of repair to the unit. Transfer to a new unit does not remove or eradicate prior or existing Lease violations and the PHA retains the rigk�f to terminate the new Lease for violaUOns of the Lease while Tenant occupied the umnhab¢able unit. Tenant may ask for an explanation ofYhe speciSc grounds of the PHA determination. if fhe Tenant does not agree with the determinatioq the Tenant has the ri�t to request a hearing under ManagemenPs Grievance Procedure. 6. MANAGEMENT'S OBLIGATIONS Management agrees to do the following: A. Repair and maintain the dwelling unit, equipment and appliances, and the common areas and facilities which aze needed to keep the housing in decent, safe and sanitary condition. B. Comply with all requirements of applicable state and local building and housing codes and H[JD regulations materially affecting the health or safety of ehe occupants. C. Keep development buildings, facilities aod common areas, not otherwise assigned to tenants for mainteuance and upkeeq in a clean and safe condition. D. Maintain electrical, plumbing, saoitary, heating, ventilating and other facilities and appliances, including elevatnrc cnnnlied nr remiired tn be eunnlied bv Manaaement in onnd and eafe wnrkine order and cnndition 10-545 I. Give the Tenant reasonable notice of what wrtification, release, infortnation or documentation must be given by the Tenant to Management induding the date by which any such item must be given. J. Notify the Tenant of the specific gounds for any proposed adverse action by Mana�ement. 7. OBLLGATIONS OF TENANTS MEMBERS OF HOUSEHOLD AA'D GUESTS The Tenant a,�ees to obey the following rules. The Tenant is also responsible for causing members of the household, guestr and other persons under TenanYs control to obey the followm� rules: A. The tenant shall: I. Pay rent on the firs[ day of the month. 2. Meet with Management at any reasonable time and place as Management requests and after reasonable notice, in order to discuss any matter affectin� the Lease or TenanPs tenancy. 3. Pay reasonable char�es, in accordance with the current schedule of charges posted in the Manasement office. for the repair of dama�es beyond noanal wear and tear to the unit, de�elopment buildin�s, facilities or common areas, caused by either intentional or ne�ligent conduct of Tenant, members of the household or a ests. 4. Use the unit solely as a private place to live for the Tenant and members of the TenanYs household as identified in Section 2, aud not ase the unit or permit its use for any other purpose. 5. Ask for the consent of Mana�ement before members of the household enga�e in profit making activities in the dwelling unit. Management must also decide whether such acYivities are legal and are incidental to the primary use of the leased unit for residence by members of the household. 6. Obey the written regulations, including but not limited to the requirements concained in the PHA Family Handbook, that are posted in the Management o�ce. These rea lations are made a part of this I,ease by reference. 7. Comply with all applicable federal, state, and local codes, ordinances, laws and regulations mcluding but not Lmited to those relating to building, housing, health, sanitation, safery, and fire. 8 Keep the unit in a clean and safe condition. Tenant shall maintain the unit in accordance with PHA's Housekeeping Standazds and shall allow PHA to conduct housekeeping inspections. 7he PHA's Housekeeping Standazds aze made a part of this Lease by reference. 9. Prepare the unit and otherwise comply witLi PHA employee or conhactor instructions to facilitate pese treatment. 10 Dispose of all garbage, rubbish and other waste from the unit m a sanitary and safe manner. 11. Use only in a reasonable manner all electrical, plumbing, heating ventilati�g, airconditioning, elevators and other facilities in the deveiopmenY buildings and common areas. 12. Park no more than one vehicle per lice�sed leaseholder in the designated parking areas (up to a ma�umum of two vehicles for the household). Tenant must park a vehicle in a man�er so that it will not obstmct traffic and may not allow any vehicles to remain in the parking area or other part of the housing development when such vehicle is unlicensed or no longer in operaYing condition. Tenant shall assure that the vehicle(s) on the premises have current lice�se tabs, aze insured, and aze in complianca with applicable mofor vehicle laws and ordinances. At TenanYs expeuse, Management may tow vehicles that are not in compliance with this Lease or Mana�emenPs parking policy. 13. Immediatety report to the Management Office any damage or vandalism to the premises. 14. Immediatety report to the Maintenance Office any need for repair to the interior or eMeriox of the dwelling unit and any other azea used by the Tenant in connection with the Tenant's occupancy of the umt. 15. Participate i� a training program on housekeeping and home care skills if Management decides that the condit�on of the unie does not meeY the housekeeping standazds established by the PHA. Such traimng will be provided by Management 16. Complete the requ�red Admission Orientation Progtam no ]ater than thirty (30) days from signing of this Dwelling Lease. Such program will be provided by Management. ] 7. Comply with community service oc self-sufficiency requi�ements in accordance with Federal law, regulahons and ManagemenYs Admission and Occupancy Policies. Each adult member of the TenanPs household must comply with these requirements. B. The Tenant shall not: 1. Assign or transfer the Lease or sublease the unit. 2. Provide hou>ing for boazders or lodgers or other unauthorized persons. 3. Allow any person who has been trespassed by the PHA access m the �mt, fam�ly development common areas, or other PHA property. d n;crnrh nthP* re�a�ra n� �eiohhnrc »nd chall a4a�re that wests_ visitors or othec nersons under control oF the 10-545 shall assure that no member of TenanYs household, or any guest or other person under TenanYs control engages i� any such activiTy. (i) Criminal actdviry is defined as follows: Cnminal activity includes, but is not limited to conduc[ that is unlawful, forbidden by and punishable by £ne and/or imprisonment under Minnesota law and tocal ordinances. The conduct need not be reported to a law enforcement a�ency, and need not result m an arrest or prosecution. Such conduct includes, but is not limited to, possession, use or sale of a small amount of marijuana, any other petty misdemeanor, and acts of physica( violence or the threat of such acts. Neither proof beyond a reasonabie doubt nor conviction in a court of law is necessary [o establish violation of [he terms of the Dwelling I,ease. 8. En�age in drua related criminal activity on or off the premises. Tenarit shall assure that no member of the (Inirials) TenanYs household or west or other person under the TenanPs control en�a�es in drug-related criminal activity on or offthe premises. (i) Dru¢- elated criminol activiry is defined as follows: Dru� related criminal activity means the illegal manufacture, sale, distributioq or use of a drug, or the possession of a drug with the intent to manufacture, sell, distribute or use the dmo. (ii) Drur means a controlled substance as de5ned in section 102 of the Controlled Substances Act 21( li.S C. 8� and/or as defined in Minnesota Siatutes, Section 152.07. 9. En�age in abuse or demonstrate a pattem of abuse of alcohol that Management determines affects the health, safery, or right to peaceful enjoyment of the premises by other tenants, neighbors or employees of the Management. Tenant shall assure that no guest or other person under TenanYs control engages in such abuse or pattem of abuse. ] 0. Commit any fraud in connection with any Federa] housing assistance program. 11. Make any repairs or changes or modifications to the unit or equipment provided by the PHA, or mstall any permanentty attached carpet or any equipment, including, but not limited to, door locks, without the written approval of Management. installation of satellite dishes, antennas or other reception devices shall be in accordance with rules adopted by Management, which are made a part of this Lease by reference. 12. Interfere with or refuse to cooperate with PHA's employees or contractors performance of duties. 13. Have any fowl, snakes or other animals on the premises, except small caged birds, fish i� aquariums, or small caged animals that will be kept indoors, in accordance with the PHA's Pet Policy. 14 Create (by act or omission) or permit to exist any condition on the premises which results in a risk to the personal health or safety of any person or damage to property. I5. Engage in, or allow members of the household, guests, or another person under the TenanTs control to engage iq any activiry, including criminal aciiviry, which impairs the physical or sociat environment of tt�e prem�ses, the neighborhood, or the developme�t. 16. Smoke, or allow TenaoYs guests, visito�s or ano[her person under the Tenant's control W smoke in any wmmon azeas. Common areas include the Community Room, haliways, stairways, elevaWrs, public rest rooms, laundry rooms and any other indoor space that is not within a�d a part of Ehe TenanY s dwelling unit. 8. TENANT MAINTENANCE The Tenant shall maintain walkways, stairs, landings, haliways, grouods, patios and landscaping adjacent to the unit If afrer notification from Management for corrective actioq the Tenant neglects to maintain the areas assigned, the Tenant shall pay to Management all expenses necessary for Management to maintain or repair these areas and this Lease. 9. TERMINATION OF THE LEASE A. Management will not terminate or refuse to renew the Lease aud will �ot evict Tenant from Yhe dwelling urut except for serious or repeated violation of material terms of the Lease or other wod cause. I. Serious violafion of the Lease includes, but is not ]imited to: (a) Failure by a Tenant to report any ic�creases in household income during a scheduled rent and iucome review or as specified under Sectio� S.C. or Failure to appear for a scheduled rent and income review. (b) Non-payment of Tenant rent or other charges in a timely manner. (c) Sh�t-off of Tenant-purchased utilities. (d) Failure to accept a transfer for reasons specified in Section S.D. (e) Failure of Tenant, members of TenanYs ho�sehold, guests and other persons under TenanYs co�trol to fulfill obligations uuder Secdon 7 or 8 of fhis Lease. (� The possession, use, or sale of a small amount of mari�uana by a Tenant, members oF the household, guesfs of the houseLold, or any other persou uoder the Tenant`s contcol is a serious violation of it�e Dwelling Lease. A report to law enforcement or a citation issued by law enforcement for a violation of nrt;.,nP��ra �r�mrP� Sectinn 157 027 ia not necessarv to establish a violation of the Dwelhne Lease under 10-545 (e) Failure of a member of the family househotd to comply with the community service requirements of Federal housing law and rea lations. (� Failure of the Tenant to timely provide to the PHA any certification, retease, information or documentation on family income, assets, famity composition, abuse or pattern of abuse of alcohol, ilfe�al use or pattem of ille�al use of a controlled substance or criminal activiTy, or any other information material to the determination of eligibiliry for admissioo, rent, eligibility for continued occupancy, or unit size. (g) Misrepreseniation of matedal information, faiture to provide complete informat�on, or fraud by [he Senant or a member of the TenanPs household, at any time relevant to eligibility for admissioq the determination of rent, eli�ibility for continued occupancy or unit size. B. Domestic Violence, Dafing Violence, Stalking l. Ma�agement will not tenninate or refuse to renew the I,ease and will not evict Tenant or a member of TenanYs household from [he dwelling unit if the Tenant or household member is a vic[im of actual or tlueatened "domestic violence, datin� violence, or stalkine," as those terms are defined by the PHA's Admission and Occupancy Policies. 2. Pursuant to Federal law, Mana�ement may bifurcate this Lease in order to evict, remove, or terminate the azsistance to any person who is a Tenant or a lawful occupant under this Lease when such person engages in criminal acts of physical violence a�ainst farnity members or others, on or off the premises. Management may take such action without evicting, removinm teaninating assishance tq or otherwise penalizing a victim of such violence who is the Tenant or is a lawful occupant under this Lease. 3. Notwithstanding any[hing to the conhary contained in pazaa aphs B.Iand B2. above, Management may terminate the Lease and evict the Tenant if it can demonstrate au actual and imminent threat to other tenants or to those employed at or providing service to the development in which the unit is tocated, if the tenanYs tenancy is not tertninated. 4. Nothing in this secUOn shall prohibit Management from termi�ating the Lease and evicting the Tenant based on a violation oF this Lease �ot inwlvi�g domestic violence, dating violence, or stalking agai�st Tenant or household member. C. This Lease may be terminated by the Tenant at aoy time by giving at least thirty (30) days written notice to Management on or before the last day of the month the tenant intends on vacaling the unit (see Sechon IIC.) The Tenant shall leave the unit in a clean a�d good condition and return the keys to Management when the Tenant moves out. Failure to provide proper written notice or failure to leave the unit in a good and clean condit�on or failuee to return the keys to Management may cesult iu additional chazges to the Tenant D. If the signer(s) of the Leue is no bnger a member of tt�e TenanYs household, this Lease will tertninate. A new Lease will be exewted and signed by all adult remaining members of the household �f those persons have �ot violated the terms and provisions of the Lease aud the family continues to be eligible for low-mcome housing. E. If the Tenant transfers to another unit operated by Maoagement, this Lease wi]I terminate and a new Lease will be executed for the unit into which the Tenant moves. However, the signing of a new Lease does not remove or eradicate prior or existing Lease violations and the PHA retains the right to tertninate the new Lease for violations of the Lease being terminated. F. Management will give the Tenant written notice of tecmination of the Lease as follows: 1. Fourteen (14) days in the case of failure to pay rent; 2. A reasonable time depending on the seriousness of the situatiou iu the case of a threat or act agaiost the health or safeTy of other tenants, MauagemenY's employees, or other persons, or 3. Thirty (30) days in all other cases. G. Acceptance of rent with knowledge of good cause for termination of the Lease shall not be co�sideced a waiver of ManagemenYs right to tenninate this Lease on the basis of such good cause nor of ManagemenYs right to assert such good cause in any legal action. If the Tenant continues to occupy tlie dwelling unit after the Temination of the Lease, the Tenant a�ees to pay Management the reasonable value of the use of the premises for ehe period ihat the Tenaot coneinues to occupy the unit. The reasonable value fo� the use of the premises is equivalent to the amount of rent for such period. However, such payments shall not constitute rent and by accepting such payments Management does not waive its right to assert any Lease violations in any legal action. If Management decides to terminate this Lease, it will give Tenant a written notice wh�ch states the reasons for the termi�ation, iuforms the Tenant of his or her right to reply and infoans the Tenant of TenanYs rig6ts u�der the r ie.vance. Prncedure deacrihed in Section 13 ofthis Lease. 10-545 1. Management will provide Tenant with two (2) days written no[ice stating the purpose of entry into the unit, except that Management will provide Tenant with reasonable notice (written or ora]) wheo it is necessary to enter the unit for makin� improvements or repairs. Management entry wil] be between the hours of 8:00 a.m. and 4:30 p.m. for the purposes of performing routine inspections and maintenance, inctuding pesi control operations, for makin� improvements or repairs, or to show the premises for re-rental. 2. Management may enter the unit at any time without prior notice to the tenan[ when there is a reazonable cause to believe an emergency exists; 3 If all adult members of the household are absent at the time of entrv, Management �vill leave a wnrten statement i� the uni[ specifyin� the date, time and purpose of entrv. 4. During any entry permitted by this section, PHA may take pictures to show dama�e to PFLA property, unsafe conditions, the presence of illegal drugs or other evidence of criminal activity, or housekeepm� violations 5. TenanYs failure to allow access, interference with ManagemenPs ri�ht to enter or any other non-compl�ance with this section shail be ,a�rounds for tesmination of tenancy. 11. YOTICES A. Any notice to the Tenant from Mana�ement will be in writin� either: 1. Delivered personally and handed to the Tenant or another member of the TenanYs household who is an adult; or 2. Be sent by prepaid fitst class mail properly addressed. B. If the Notice is delivered to a person other than the Tenant, Management will also mail a copy of the Notice to the Tenant. C. Any notice the Tenant gives ro Management must be in writing and either delivered to a Management employee at the assigned Management office or PHA Central Administrative Office, or be propedy addressed and sent by first class mail. 12. ABANDONMENT OF PROPERTY If the Tenant is absent from tF�e unit for fourteen (14) consecutive days and rent is owed, Ma�agement has the right to consider that the Tenaut has abandoned the �nit. Any of the TenanYs remaini�g personal property remaining in the unit will be co�sidered abandoned and may be disposed of by Management according to Minnesota law. 13. GRIEVANCE PROCEDIJRE All disputes about the Lease or about the responsibilities of Tenant, TenanPs household or Management, w�tl be processed aud resolved in accordance with the Gcievance Procedure of Management which is in effect at the time the dispute azises. The Geievance Procedure is posted m Yhe Management office and is made a part of this L.ease by reference 14. ADMISSION AND OCCUPANCY POLICIES The Admission and Occupancy Policies refeaed to in this Lease are the Admission and Occupancy Policies as approved and as amended by the PHA's Board of Commissioners and aze made a part of this Lease by reference. A copy of the Admission and Occupancy Policies and amendments is posted in the Management Office and may be examined at any time during business hours. 15. CAANGES TO TT3IS LEASE Changes to this Lease, other than changes in Tenant rent, will be made only by a written addendum signed by both Management acid Tenant. 16. RECEIPT OF LEASE AND OTHER DOCUMENTS BY TENANT The Tenant has received executed copies of this Lease and the Grievance P�ocedure, has been informed that the Admission and Occupancy Policies are posted in the Management Office and are available for inspection and underetands 6ow they all apply to the TenanYs tanancy. 17. ADDTTIONAL PROVISIONS 10-545 By si�mg below, Tenant and Management enter into this Lease which w�ll take effect on the date shown in Section 1, TERM OF LEASE; RENEWAL OF LEASE on page ] of this Lease. Tenant Tenant PUBLIC HOUSING AGENCY OF THE CITY OF SAINT PAUZ By: Housing Mana�er Tenant Council File # ��' S� (! Green Sheet #' 3105276 RESOLUTION CITY OF SAINT PAUL, MINNESOTA �p Presented by 1 WHEREAS, the Saint Paul Police Deparhnent needs authority to implement the attached agreement with 2 the Public Housing Agency (PHA) of the City of Saint Paul to continue the `A Community Outreach 3 Program' (ACOP) from April 1, 2010 through March 31, 2011; and 4 5 WHEREAS, since 1991 the PHA and the City of Saint Paul have collaborated to provide the community 6 policing program known as ACOP to create a drug and crime-free environment for the safety and 7 protection of residents, employees, and visitors in public housing developments; and 9 THEREFORE BE IT RESOLVED, that the city council authorizes the City of Saint Paul to enter into, 10 Chief John Harrington to implement the attached agreement with PHA, which includes an indemnification ll clause. A copy of said agreement is to be kept on file and on record in the Office of Financial Services. Adoption Certified by Coun 1 Secretary BY� /i"/ivilu'� �GSI`/l Approu� Date ����lO BY� ��-Y�'E,li�Se��'_,._'-�`_�( Adopted by Council: Date s�a���d/v �v-Sh'tv � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � — — - - � DeParfineMlOffice/Council: � � ? Date inRiated: - - - i : Pp Police DepartmeM �; 02 APR 20� 0 � ; Contact Person ffi Phone: ' � �I Chief John Harrinpton � � 266-5588 � �, � � Assign � z � Must Be on Council Agenda by (Date): I Number 3 For 4 Gree Sheet NO: 31052 rhnent SentToPerson InitiallDate __--- _--___�_ ._ — parhment ��,_ ____._, _ partment___ PoLCeDeparhnent _ __ my- --- �--- C � Atto �---c�, L/--- _ ___'... .. ._ ___ —____ _— _—__..� __._____—_—__ IServices __. _ _ __`_ Director N ' — _ _ _ — _ — , _ - - .. Rout(ng ..._,_. .. Office _ _ Ms�� _ . _ _ , Uoc Type RESOLUTION ' Order i 5 Council _ __ _ _ Council �._ _. , • 6 'Cit�lerk _ _CiriClerk ''___— --______.__ I _ _ _, _. . _ _ ��, EAocument Required' Y �� I 7�otice Deoartment � �__ _ Pohce Depar[ment _, _ __ �� Document Contact: Evette Scarver ! I ��._ __. _ f _______ �__ _ _. ._ � . ___.__ Contad Phone: 26E5541 I _ .__ ___ - - ______— — ___�_�-_.____—______ - - _ _____--___. � Total # of Signature Pages _(Clip AII Locations for Signature) `—... _ _ � _- _- ___ _ _ __ . _ ___— -________ _ . . ________ _- .______ -_ ___. _____—___—__. i Action Requested: I Signatures on the attached council resolution authori2ing the City of Saint Paul, Police Depariment to enter into the attached l agreement with the Public Housing Agency of Saint Paul (PHA). __-__.___ _ . ____ _ _ _ ___-___ Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts MusS Answer the Following Questions: 1. Has this person/firtn ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Dces this person/firm possess a skill not nottnally possessed by any current city employee? Yes No Fatplain all yes answers on separate sheet and altach to green sheet. W i — _—_._ __- ..__—___— —__ .__- - —______'- — — ___ -- _—____- --__._ _— —_ _— --__ ___ — __. _ Initiating Problem, Issues, OppoRUnity (Who, What, When, Where, Why): Authorization is needed to enter into the attached agreement with the PHA to provide services for'A Commuiniry Outreach Prograzn' (ACOP) from April 1, 2010 through Mazch 31, 2011. ;-- - - - - --- ---- -------- -- --___ --- --- ---- i AdvanWges If Approved: � � � � Abiliry to continue the ACOP program, a collaboration between the City of Saint Paul and PHA to provide a community policing ,' �� progam known as ACOP to create a drug-crime-free env�onment for the safery and protection of residents, employees, and visitors � � in public housing developments. i � --- -- - -� ------ -- --------- -� -----�-----�- -- ------------- - ----._----- -___------� Disadvantages If Approved: ' , None. I !----- ---- ------- ---------- --- - ---------------------�--------�----------- ' DiSadvanWges If Not Approved: ��� Lost oppor[uniry to work with the PHA to provide the ACOP program. ' ��� `����D �-- ----- ---- -- ---- - --- - ----- - �, Totai Amount of � T2nsaction: $499,449.00 CostlRevenue BudgMed: �A�' ,l�a �s '�3pa �!! Fuadirtg Source: ACOP Activity Number: 04100 !� � � Financial information: �� � � (Euplain) �—_.________-____—__..__._ _____._—_- _____-- —_____ __ � � , --- ,' April 2, 2010 9:31 AM Page 1 ConVact �o. 1�-084 � _ S� Sercice Provider ACOP FY"2011 CO\'TRACT FOR StiPPLEME�TAL POLICE SERti'ICES This Confi-act is made and eniered into this 1'` day of Apri1 2010 oy and be'ween the PlBLIC HOUSI�'G AGE�'CY OF THE CITY" OF SAINT PAliL ("PI3A"), aod the CITY OF SAI\T PALL (`Cit}�"), acting by and throu� its DEPART�4E1�'I' OF POLICE ("Police Departmenr') for the provuion of specific police sen�ices to impro�°e the safetg, securitiy and livability of t:�e PHA's public housing properties. VVHEREAS, smce 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 enviionment and to provide for the safety and proCection of residents, employees and visitors in public housin� developments; and WHEI2EAS, the PHA desires to continue the ACOP prooram; and WAEREAS, the City, by and through its Police Depar[ment, desires to assist in tl�e effort by providiag effective police services at PHA locations; NOW, THEREFORE, the PHA and the Ciry agree as follows: Secfion l. Seope of Services Provided by the City The City agrees that the services rendexed by tke personnel assigned to the ACOP unit under this Cornract (licensed, swom poIice officers and non-sworn civilian employees) aze in addition to baseline police services, and that rouhne police patrol and response to 9ll ealls in public honsing developments will continue to be the responsibility of other Po1ice Department personnel normally 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 Depariment 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 lsws and the PHA rules specified in this Contract Sworn c�fficers sl�all at all times remam part of, suUject to and m direcT relaticnshig with tha Police Department's cl�ain of corimand and under Police Department ruJes, regulations and standard operating procedures B. The City a2rees to assign police officers to tu�eted areas during specified periods of time identified by the PHA and agreed upon by the Police Department. C. The Citt agrees that the Pol'ace Department will employ a communit} policir_g concept and that ACOP personnel will be based at PHA locations as mumall} agreed between the PHA and the Police Department. The City fur�her agrees tl�at Page 1 of 10 Contract �o. ] 0-084 Senice Provider ?.COP FY�Ol l Pa�e Z of I1 the Police Department c�•ill deeelop aad maintain commu�ications �vith residents and ��ili assis? ir. developing or enhancn� crime pre� ert;on pro�rams in public housin2 conmunities D. The Cit� aarees to collect and pzovide police «orkload aata i�i public housing development and crime statistics, subject ?o federa] and Minnzsota statz la��-s This Contract provides sufficient basis for the exchange between the City and the PHA of data and information described in the Contract. A request for mfonnation or data ouYSide of the scope of this Contracf shall be in writin�. E. It is furthez agreed thaC uoon proper notice but without necessity of a subpoena potice perso_nnel will appear as witnesses m the PHA"s administrative a ievance procedure, civii dispossessory hearings, or other civil or court proceedings where the issue ineludes criminal or quasi-cnminal conduct on or near public honsing property involving any resident, member of a residenY s household, or any guest or guests of a resident or household member, or wheze the issue includes any ciiminal or quasi-ciiminal conduct off gublic housing property invol� ing any resident or member of a residenYs household 10-54�i Without limrting any of the foregoin�, the Cit}� agrees That with raspect to the seivices to be performed by any poliee personnel in aecordance with this Contract, the appropriate Police Department Officex oi Supervisox vvill meet a�ith resident leadership and management representatives of the PHA on a routine basis for the purposes of reviewing the enforcement and prevention efforts a�id planning for future changes or modificaYions anticipated by this Contract These meetings sha11 occur at least quarterly. G The City agrees that Poiice Department personnel assigned to the ACOP unit work exclusively on public hou�ing related matters, unless they are needed by the Polace Department as additional support in an emergency situation. H. The CitV agre°s d�at it wi11 provide the assigned personnel with such basic equipment and vehictes as may be necessary and reasonable in order to allou� the police officers to carry out the du�ies az�ticipated under this Contraet. Anv additioual motor cehicles, bicycles oL other aquipment v,�hich are requested by and are fumished at the expense of the PHA shall remain the property of the PHA. The PHA and City may muYUally agree to lease equipment or vehicles The Pelice Departmeni wil] provide at a minimum sixteen (16) hows of t�aining on communiry relations and interpersonal communications skIlls to new sraff assigned to ACOP. The Police Departmeni shall designate a comnand officer as the AdminisYrative Liaison Officar, who will worK in coneert v.ith ihe Executive Director of the PHA Contrac? :�o. 10-084 Service Provider ACOP FY2011 Patre 3 of 11 or chat official�s desianee. The .Administrztive Liaison Ofrcer ma; be the same oerson as the officec of the �znk ot" sergeant or highe*, as reqcired by Section 1 A. The Administrative Liaison Officer wi11 pert'orm the following duties: 1. Cooidinate thz dissemination and processing of police aad security reports in accordance with federa] and Minnesota state laws, provide supervisory assistance, and coordinate in resol�iaa p*oblems ox carrying out che provisions of this Contract; 2. Establish and maintain an ongoing line of communieation with Poliee Department commanders and other police personnel; i. Prepare quarterly progress reports and e�a]uations 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 mav be reGuested by the Executiee Director or that o�cial's designee; 4. Initiate and monitor ongoing lines of communication with PHA staff and xesident leadess to effectively employ the community poticing concept and to address in a timely maruier concems raised by community leader; 5. Assure that he or she or a designee will attend Resident Couneil meetings as requested by the PHA; G. Assist or advise in the planning and implemenYatlon of other secuiity programs within the PHA; and 7. Establish a clearly dzfined process for reporting to the PHA staff non- emergency criminal actitiities, which sha'.I indude prompt reports, including "calls for seroice" reports by Police Department staff, in accordauce with federal and Minnesota state laws of criminal acticiCces on PHA propert;°, to facilitate appropriate response and tracking of such activities. Secfion 2. Scope of Services Provided by� fhe PAA A. The PHA �vill provide training, where appropriate, to ACOP personnel on public housin� management issues and will assist the Police Depaitment in providing Yraining to residents and PHA staff on eommuniYy policm� and crime prevention iss�es assoeiated with publie housing. This traming stiall include, but not be limited to, the following: 10-54b Contracf No. 16-OS4 Ser�ace Prowder 4COP FI'201 I Pfla� � Of 1 � 1. Crime prevenhon and security responsibilities; 3. Communirv organizationimobihzation against the causes of and p;ecursors eo crime: 3. Drug awazcness and control; 4. Orizntation and familiarization with the pubiic housin� communit�es foc tha assib ed officers; and 5. OrientaTion to the lease contract, and lease compliance enforcement procedures and policies. B. The PHA will provide Yhe following in-kind accommodations, servicec and equipment: Accommodations — The PHA ��ill provide ,uitable space to be used as offiee space at locations as mutually a�reed upon between tl�e PHA and the Police Department. 2. Services — Office s�ace provided by fhc PHA will be suppiied with all utihties except telephone. The PHA aiso sha11 provide a11 labor, equipment and materials necessary to provide routine maintenance and repair service to maintain the space in �ood working order, including maiotenance and repair of elecuical, plumbing, sanitar5, heating, ventilating and oflier facilities and appliances supplied by the PFIA. 3. Equipmenz — Offiee space provided by Yhe PHA will be supplied with other additional equipmen2 mutually agreed upon in connection with fhe pesfoimance of this Can�act. Modification/Damage — The PHA will make reasonable �nodifications, including minor structural, electrical and mechanical changes to the accommodafions provided in order to meet the Ciry's operational needs. Any d3mage to the unit or equipmenf prov;ded by tbe PHA for City empio}�ees, whieh the PHA detemiines to be above nom�al wear for the item or accoinmodation, shal] be repaired or replaced by the Crty at the discretion of the PHA. io-sab C. The PHA shall adopt policies and procedures :equirin� its staff to promptly report te the Police Departmenf any criminal activities occurring on PHA property, to facilitate appro}�riate response to and tracking of suc1� activifies Coat:act tio. 10-084 Serv�ce Provider ACOP FY2017 Pa�e � of 11 D. The PHA reszrves the reht �e rzasonabiy request the Pol�ce Departm°nt to replace any ACOP personnel foc the follou�n� reasors: _. �eglect or non-performance of duties; 2. Disorderiy conduct, use of abusine or offencive laneua�e, or fiahtrn�; 3. Criminal action; 4. Seiling, consuming, possessing or bzino under the influeuce of intoxicarts, mcludir.g alcohol or illegal substances, while on assignment to the PHA, 5. Substantiated complaints from public housin� residents or management. "�he PHA shall provide wririen enumeration of?he reasons for Che rerauest for the replacement of the ACOP personneS, including documentation and v,�itnesses to the aIleged behaviors. E. The PHA will provide The City with t1�e applicable PHA iules and regulations for compliance wiYh this con?ract. Section 3. Enforcement of Rules and Regalations A. The Police Department is hereby empowered to enforce the following PHA rules and regulations: Authm�ized to remove unauTho�ized visitors in unoccupied ,tructures of flie PHA. 2. Authorized to remove unauthorized visitors on PHA properCy who are cxeating a disturbance or otherwise ir.terfering w'ith the peaceful enjoyment of oti�er PHA residents. Authorized to remove and/oi bring criminal enforcemenY actions against unau�l7orized visitors who are destroying, defacing or removino PHA property. Wit?7 ragard to the foregoing rules and regula?ions, the Police Department is hereby autnorized, on behalf of the PHA, to ai-ae crir•vnal trespass warnines to an} persons deemed to be in violation of the rules or regulations, that is, to give notice to am violators that their entry on the pxoperty or premises zs iorbidden, and to arrest or cause ft�e arrest and prosecution of any violators, when appropriate. 10-546 Contract \o. 1 p-08^-. 5ervice Provider aCOP FY201 I Paoe b of 1l B. The Police Deparment is al,o authorized to enforce the parking provisions of Saint Paul LeQislative Codz, Section i� 1.20, Puolic Housing AQency oi the C�r� o f $aint Paul - Parking Restrictions. G. The Police Department is hereby empowered to have remoaed any and ali vehicles found parked in violation o2 said rule or reQulation, pursuant to establishcd City proceduie for impounding �-ehiclzs. D The Po1ice Dapartment is hereby empowzred to enforce sech additional PHA rules and regulations and perfonn such other duties as shall be speciTied in any addenda attached hereto or incorporated herein now or in the future E. Nothing herein contained shall be construed as perniining or authorizing police o�cers to use any method or to act m any manner in violatioil of law or their sworn obligation as police officers. Section 4. Communieations, Reporting and Evaluation A. Communications -Access to Infomiation. The City aarees that the PHA will have unrestricted access to all public informauon, in accordanee with fedexal and Minnesota state laws, whieh in any way deals w°ith criminal activity in any of ihe PHA's cammunities. Such information includes informacion made public pursuant fo the n4innesota Goveriunent Data Practices Act or any other law making infocmation public or accessible to the PHA. lt is further agreed that the Police Department wiH provide Yo the PHA copies of such public incident reports, arrest reports or other public documenis whicl� doeument or substantiate actua] or potential criminal activity in or oonneeted with the public housing de�elopments in accordance with federal and Minnesota state laws '11tis mformation will be pro� ided aT no cost by the Police Deparhnent on a regular basis in accordance with specific procedures tha2 have been or will be estabIished. 10-546 B. Reporting. The Police ➢eparhnent will provide reports, in accoidance vaith federal and Minnesota state laws. to the PH9 describing rhe activities supported by PHA funds. These reports ma�� be provided monthly, quarte*ly or as otherw'3se requested by the PHA and may include the followmg data: 7. Hours worked: foot, bicycle, motorized, other ' Calls�requests ior service G. 3 Refeaals to City{PHA/agencies 4. Suspicious persons - name and descriotion 5. Vehicles abandoned/towed/stoleil 6. Drug paraphernalia confiscatedlfound 7 An'esis/citatimis of both residents and outsiders to include age, sex, etYuiicity Co.^.tracc'�o. 10-084 Szr�ice Preyider 9COP FY2011 Pa�e 7 of I : 8. Prepert; recovered/stolen 9. Advise residents and �isrtc�rs ] 0. Hazardous or qualit}� of iife issces in t�e area sucn as broken li,hts ] I. Graffiti 12. Conflict resolution; e.e , resoived apoarent or actcal cocflict bet��-een two or more people 13 Vehicle lleense number of suspicious persons 14. ��'eapons violations/seized C Madia Coordination. The Poliee Pepartment will relay to the Executive Director or his designee information related to any ma�ar crime or incident that occurs on PHA propertg, preferably before the media is informed or as soon as possible, in aceordance with federal and'�Zinnesota state tavds. D. Evaluation. The City and Yhe PHA shall cooperate on future evaluations of the community policing program in public housing. SecYion 5. Plan of Operation The Police DepartmenY and tlze PHA shall continue to administer the ACOP communiry policing pcogram. At the request of eithei party, the parties shall jointly prepaze a more specific plan of operations for use in preventing or eliminating dmg-telafed crime. Section 6. Term �f Contracf This contract is effective as of April l, 2010 and shall continue in effectuntil ivlarch 31, 2011, or until $499,449 is expended, whicbevex occurs first. SecfiQn 7. CQmpensation to the City 9. all compensation to the City will be made on a cost reimbursement basis. The PIIA wili reimbuse the City for services specified in this Conh in a total a�nount not to exceed Four Hundred 1�'inetv Seven Thousand and Nine Hundred Forty ?�'ine Dollars (�497,949) in the foliowing expense category. 9ssigned Personnei Salazies �497,949 Other — For police offieers assiened to the ACOP unit, the PHA aarees to reimburse the Citj� foF up to 30 consecutive days of sick leaee or foz 30 consecutive da5�s of a duty assignment oti�er than patrol duties, but o11g for services performed in accordance with this Contract. Any additionaJ sick leave benefits or salary due to such ACOP officer is the responsibility of Yhe Cit}�. 10-5� Anaehment A to this Contract illus[rates the approximate use of these funds. Con*.ract'vo. i 0-08? Sen�ice Providet ACOP FY201 l PaQe 8 oi 11 9n}� reimb�irsement ; equest submirted by the City that u�ill resclt in an amendment to the contract amount listed above must be submitted with a explanation of reason(s}. & The PHA shall reimburse the Pol�ce Department on a monthl5� basis, upon performznce of the proposed activities aud receipt of invoices evidenciag authorized expend�tures. C. The City shatl ptovide the following documentaYion in requesting reimbursement: Copies of Ccrtified Payroll Time Reports documenting nanies. employee identification, hours worl<ed in puolic housing developmenCS, supervisory approva] of the report, and supervisory verification of the necessity fox any ocertime tivorked. D. All requests for reimbursement are subject to Yhe approval of time PI-IA's Executive Dixector, or that official's designee, and the PHA shall fhereafter make payment of the approved amouni within thirt; days of raceipt of the request for reimbursement. E. I. The PHA may make specific requests that police personnel perform special details on behalf of the PHA. If these special details require personnel to work on an oveitime basis, reimbursement to the City will be made �ursuant to subseclion E 2. Z. Overtiine special details wilt bejointly agreed upon by the PHA and the Police Department for police personneI to perform activities on behalf of rhe FH9. lipon submission of proper documentatic�n as required under this Section 7, tbe PHA shall reimburse the Ciry iar the £ull amount of the cost of such overtime compensation. Section 8. Andif Requirement The Cit}� and the Police Department shull have their financial records audited annually (ac part of the City's annual audit} by an independent auditox and psovide to the PHA a copy of the audit report, which is required for the City as a suberantee of federal funds. The audit shall include the PHA funds expended under this aarezment and shail conform to the requiremenfs of OMB Circular A-128 or later O?vIB circulars as applieable, Any audit finding relaring to use of the PHA funds under this agreement must be addressed and cleared in a timely manner ia-sa� Section4. i�ion-Discrimivation Coniract No. 10-084 Sen•ice Pro��ider ACOP FY201I Paee 9 of 1 i The PHA, the Cit}� and the Potice Deparzment agrze liat in the adm.nistration of tne proQram(s) no person ;ha11, or. the grounds of race, coler, reli�ior. c*eed, nationai oriein or ancestry, familia] stams, szx, statns with re�ard?o public assistance, mazttal status, disabiliiy age, sexual or affectional orientation, political or other affiliahon, be excluded from paRicipation in the program(s) or be denied benei�ts of the program(sl and agree to eomply with all federal, statz, and local Ia1a�s reeardi:�<= diseriminaaon. SecCion 10. Dafa Privacy All 3ata collected, created, received maintained or disseminaTed by tbz Ciiy, the Pohce Deparmient or the PHA for any purposes in the course of the performaoce of this Contraet is govemed by the Minnesota Government Data Practices Act, Minn. Stzt. 13.01 et seq., or any other applicable state statutes, any siate rules adopted to implement tl�e Act, as well as federal regulations on data privacy. Tl�e part�es agree to abide strictly by these statutes neles, and regulations. 7he PHA has designated, and th� Cif}� and the Police Department agree to desigi�ate, a Responsible Authority pursuant to the Minnesota Govemment Data Pracrices Act, Minnesota StatuYes Chapter 13, who is the individual responsible for the collection, maintenance, use and dissemination of any set oFdata on indzviduals, go�erruuent data, or summary daTa pursuvit to this Contract. SecYion 1L Tndemnifieafion The City does hereby release, discharge and agree to inderunify, protect, defend and save harmless the PHA from liability for any cost, damage, expense, in}ury or othec casualry, to any person whomsoeeer or property whatsoever caused by or azising oat of the Poliee Department's use and occupancy of PHA propert� or services provided under Yhis Contract, provided that such indeiimification shaU not be applicable where a decision or }udgment of a court of competent jurisdichon mdicates that said casuahy io person oc propert� was the direct result of acts of commission, omission, negligence or fault of the PHA its agents or emplo}�ees. Each part} agrees that it wi11 be responsible for iTs own acts andlor omissions in carrying out The terms of this Agreement and the results thereof to the extent authorized by law and shalt not oe responsible far the acts and/or omissions of the other party and fhe results thereof. The liabilit-� of the City of Saint Paul and the Publie Housing Agency of the City of Saint Paul, anH their respectice employees, oifzeials and agents shail be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Chapter 466, et seq. and any ofher applicable lav,�. Section 12. Righf of Entry, Inspection and Repair io-sa6 The PHA, ihrough its au€horized employees or agents, shaJl have the right to enter the Contraci \o. 10-08? Ser�ice Procider aCOP FY201I PaQe 10 oi I I office spaces assioned by the PR:� at any time, vrithout advance notifcation, v;her, there is ;easonable cause to believz an emergency exists or du*ing reaula* bw:ness hours upon one (11 dav's notiee f�r the purpose of inspection or renair of the office spaces or equipment therein or for such other purpose as may be deemed neczssary b5 tre PF-LA Section 13. Disposal of Personal Property The PH?, shall have the right to sell destroy oz otherwise dispose of any personal property left on the premises by the Poiice Department afrer the Police Department has vaca�ed or abandoned the premises Section 14. Amendments; Termination A Changes in the terms of this Contract may be made only b}' written amendment mutualiy agreed upon and signed b}� both parties. Either party may tertninate Th3s Contraef upon providing thirty (30j days written notice to the other parly. Such noUce sha11 be deliveied by Cercified ?Vlait, Retum Reczipt Reguested. Section 15. Attachments The following attachments aze heraby ineorpoiated into ll�is contract by xefesence: Attachment A: Budget Nanative Attaehment B: PI� Family Dwelling Lease Attachment C� PHA Hi-Rise Dwelling Lease Sec6on 16. Benefit and Duty This Contraet will be binding upon a��d inure to fhe benefit only of the parties bereto. Ne third party or parlies will derive any benefits from or hat�e any rights pursuant io this Contract. Notlun� in this Contract is intended to, nor does it, create a special duty on the part of either partc to each other oz to a third party. lOS4� This Contract supersedes the ivost receni eontract ai7d all otber pxevious conhacts entered into by tiie parties for the same purpose as this Contraot is made. B; signing below, the Public Housinn .Agency of the City of Sainf Paul, and the City of Saint Paul, Departmenf of Police enter into this Contract whi;,h sha11 take effect on the date stated above_