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Home My WebLink AboutHousing & Redevelopment Authority - HRA-Packet-02-05-2025 Supporting Documents - 02/05/2025OTTER TAIL COUNTY – MINNESOTA HOUSING AND REDEVELOPMENT AUTHORITY AGENDA Government Services Center, Otter Tail Lake Room 515 West Fir Avenue, Fergus Falls, MN February 5, 2025 | 12:45pm HRA Board Member, Leland Rogness, will be attending the meeting virtually from 9822 W Long Hills Dr., Sun City, AZ 85351 1. Call Meeting to Order and Roll Call – Chairperson 2. Approval of Agenda 3. Consent Agenda A. Regular Board Meeting Minutes, January 21, 2025 B. Housing Choice Voucher Rental Assistance Program – No Report C. Community Housing Investment Programs – No Report D. Public Housing and Senior Housing – No Report E. Check Report and Financial Reports – No Reports 4. New Business A. 2025 Conflict of Interest Policy Review B. Resolution 307 Authorizing Submission of Section Eight Management Assessment Program Certification for 2024 5. Old Business A. Renewal of Independent Contractor Agreement with Barbara Dacy, LLC 6. Discussion A. Ehlers Housing Finance Discussion B. North Fields of Dalton Senior Housing Project Close Out Review C. New York Mills Senior Housing Concept Financing Structure Review 7. Executive Director Report A. 2024 Community Development and Housing Annual Report 8. General Discussion – Topics by Commissioners 9. Adjourn 1/21 2/21 The Otter Tail County HRA Board of Commissioners Met for a regular meeting on January 21, 2025 at 11:45am At the Otter Tail County Government Services Center 515 W Fir Ave, Fergus Falls, MN Board Members Present: Jeff Ackerson Kurt Mortenson Betty Murphy Absent: Wayne Johnson, Chairperson Leland Rogness, Vice Chairperson Others Present: Amy Baldwin, OTC HRA Executive Director Tanya Westra, OTC HRA Housing Program Supervisor Julie Bakken, OTC HRA Accountant Paula Grunewald, OTC HRA Administrative Assistant 1. CALL TO ORDER Commissioner Kurt Mortenson called the meeting to order at 11:45am. 2. APPROVAL OF AGENDA Motion made by Betty Murphy, second by Jeff Ackerson to approve the January 21, 2025 Agenda without changes. Motion passed unanimously. 3. APPROVAL OF CONSENT AGENDA ITEMS There were no additions or corrections to the Consent Agena but was noted that the Check Reports for December will be in the March packet. Motion made by Jeff Ackerson, second by Betty Murphy to approve the Consent Agenda. Motion passed unanimously. 4. ANNUAL MEETING ACTION ITEMS A. Board Officers for Fiscal Year 2025 Jeff Ackerson nominated Wayne Johnson for Chairperson. Motion was made by Betty Murphy, second by Jeff Ackerson to approve Wayne Johnson as Chairperson. Motion passed unanimously. Betty Murphy nominated Leland Rogness for Vice Chair. Motion made by Jeff Ackerson, second by Betty Murphy to approve Leland Rogness as Vice Chair. Motion passed unanimously. Jeff Ackerson nominated Kurt Mortenson for Secretary. Motion was made by Betty Murphy, second by Jeff Ackerson to approve. Motion passed unanimously. B. Legal Publication for Fiscal Year 2025 Amy Baldwin, HRA Executive Director stated that the Daily Journal is becoming a weekly publication and the deadline for the publication would be Mondays for that weekend’s edition. Motion by Betty Murphy, second by Jeff Ackerson to approve the Fergus Falls Daily Journal as the Legal Publication for the Fiscal Year 2025. Motion passed unanimously. 3/21 OTTERTAIL COUNTY -MINNESOTA HOUSING AND REDEVELOPMENT AUTHORITY Government Services Center 500 West Fir Avenue Fergus Falls, MN 56537 218-998-8730 ® OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER @ otterta ilcounty.gov LIVE YOUR best life HERE. ~-...----------7 Pg. 2 C. Depositories for Fiscal Year 2025 - Resolution No. 305 Motion by Betty Murphy, second by Jeff Ackerson to approve the Depositories for Fiscal Year 2025 with FM Bank – Resolution No. 305. Motion passed unanimously. No additional discussion. D. Board Member Per Diem for Fiscal Year 2025 Motion made by Jeff Ackerson, second by Betty Murphy to approve the per diem of $75, the maximum permitted by State Statute. And to follow State Statute 469.011, elected officials may receive the daily payment only if they do not receive payment for public service. Motion passed unanimously. No additional discussion. E. Day, time, Location, and Meeting schedule for Fiscal Year 2025 The 2025 meeting dates have been set for February 5, March 5, April 2, May 7, June 4, July 2, August 6, September 3, October 1, November 5 and December 3. All meetings begin at 12:45 pm and will be held at the Government Services Center in the Otter Tail Lake Room except on March 5 which will be held in the West Battle Lake Room. Motion made by Jeff Ackerson, second by Betty Murphy to approve. Motion passed unanimously. 5. NEW BUSINESS A. Resolution No. 306 Adopting an Amendment to the Otter Tail County Housing and Development Authority Bylaws Amy Baldwin, HRA Executive Director stated she has reviewed the bylaws and noted that in 2022 there was a shift from 7 to 5 commissioners and with that change, at least three Commissioners would constitute a quorum. The bylaws will be updated to indicate the number three instead of four. As well, notice requirements was updated to reflect State Statute requirements. Motion by Betty Murphy, second by Jeff Ackerson to adopt Resolution No. 306. Motion passed unanimously. 6. OLD BUSINESS – NONE 7. DISCUSSION A. 2025 Community Development and Housing Work Plan Amy Baldwin, HRA Executive Director reviewed draft goals for the HRA o Secure funding for NYM Affordable Senior Housing Project for 2026 build o Prepare Policies and Procedures for Bring it Home Rental Voucher o Strengthen coordination with partner agencies and develop landlord outreach strategy  Another key effort in 2025 is the deployment of the Small Cities Development Program funding in Pelican Rapids  MN Housing Applications/solicitations include o Tax Credit Contribution Fund o NYM is recommended to receive $330,300 o Project to be established to solicit direct contributions o Next round opens February o Housing Trust Fund Match - Intent to apply submitted o Publicly Owned Housing Program (POHP) - Intent to apply submitted o Impact Fund o Single Family Value Gap – applications due in July, if funded homes built probably in 2027 o Support to communities for MN Housing applications o Greater MN Small Cities (Tier II) Housing Aid Grants in NYM and other cities o Greater MN Housing Infrastructure Grants in Pelican Rapids and Battle Lake 4/21 Pg. 3 8. EXECUTIVE DIRECTOR REPORT Amy Baldwin, HRA Executive Director reported  She will work to provide more written Executive Director Reports  Barbara Dacy’s contract will expire soon. Ms. Dacy’s assistance and knowledge has been extremely helpful. Contract renewal will be brought to the next board meeting.  The 2024 Audit is kicking off with Brady Martz 9. GENERAL DISCUSSION – TOPICS BY COMMISSIONERS  Battle Lake School built a Habitat for Humanity home that is located in Dalton North Fields  Underwood School is currently building a home for Habitat for Humanity to be moved to Ottertail. 10. ADJOURNMENT At 12:33 pm a motion was unanimously carried to adjourn the meeting. ________________________________________________________ ___________________ Secretary/Clerk Date 5/21 DATE: January 30, 2025 TO: HRA Board of Directors FROM: Amy Baldwin, HRA Executive Director SUBJECT: Annual Conflict of Interest Review Attached is a copy of Minnesota State Statutes, Section 469.098, which is the basis for the HRA’S conflict of interest policy. Annually, the Statute is distributed to board members. Board member signatures will be collected, affirming that board members agree to comply with the Statute. 6/21 218-998-8060 ® HOUSING AND REDEVELOPMENT AUTHORITY OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER LIVE YOUR best life HERE. Government Services Center 500 West Fir Avenue Fergus Falls, MN 56537 @ ottertailcounty.gov 469.098 CONFLICT OF INTEREST. Subdivision 1.Disclosure; criminal penalty.(a) Before taking an action or making a decision which could substantially affect the commissioner's or an employee's financial interests or those of an organization with which the commissioner or an employee is associated, a commissioner or employee of an authority shall: (1) prepare a written statement describing the matter requiring action or decision and the nature of the potential conflict of interest; and (2) submit the statement to the commissioners of the authority. (b) The disclosure under paragraph (a) shall be entered upon the minutes of the authority at its next meeting. The disclosure statement must be submitted no later than one week after the employee or commissioner becomes aware of the potential conflict of interest. However, no disclosure statement is required if the effect on the commissioner or employee of the decision or act will be no greater than on other members of the business, profession, or occupation or if the effect on the organization with which the commissioner or employee is affiliated is indirect, remote, and insubstantial. (c) A potential conflict of interest is present if the commissioner or employee knows or has reason to know that the organization with which the commissioner or employee is affiliated is, or is reasonably likely to become, a participant in a project or development which will be affected by the action or decision. (d) Any individual who knowingly fails to submit a statement required by this subdivision or submits a statement which the individual knows contains false information or omits required information is guilty of a misdemeanor. Subd. 2.Effect of disclosure; criminal penalty.(a) If an employee has a potential conflict of interest, the employee's superior shall immediately assign the matter to another employee who does not have a potential conflict of interest. (b) A commissioner who has a potential conflict of interest shall not attempt to influence an employee in any matter related to the action or decision in question, shall not take part in the action or decision, and shall not be counted toward a quorum during the portion of any meeting of the authority in which the action or decision is to be considered. (c) Any individual who knowingly violates this subdivision is guilty of a misdemeanor. Subd. 3.Conflicts forbidden; criminal penalty.A commissioner or employee of an authority who knowingly takes part in any manner in making any sale, lease, or contract in the commissioner's or employee's official capacity in which the commissioner or employee has a personal financial interest is guilty of a misdemeanor. Subd. 4.Agent or attorney.For one year after termination of a position as a commissioner or employee of an authority, no former commissioner or former employee of an authority shall appear personally before any court or governmental department or agency as agent or attorney for anyone other than the authority in connection with any proceeding, application, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in which the authority is substantially interested, and with respect to which the commissioner or employee took any action or made any decision as a commissioner or employee of the authority at any time within a period of one year prior to the termination of that position. Official Publication of the State of Minnesota Revisor of Statutes 469.098MINNESOTA STATUTES 20221 7/21 Subd. 5.Limitations.With respect to each program established by the authority to provide financial assistance or financing for real property other than rental assistance programs, an employee or commissioner may not receive such financial assistance or financing more than once. Subd. 6.Injunction.The county attorney may seek an injunction in the district court to enforce the provisions of this section. Subd. 7.Exceptions.The exceptions in section 471.88 apply to this section. History: 1987 c 291 s 99; 2008 c 197 s 1 Official Publication of the State of Minnesota Revisor of Statutes 2MINNESOTA STATUTES 2022469.098 8/21 OTTER TAIL COUNTY HOUSING AND REDEVELOPMENT AUTHORITY REQUEST FOR BOARD ACTION January 30, 2025 BOARD MEETING DATE AGENDA ITEM #4B Amy Baldwin 01/30/2025 REQUESTOR’S SIGNATURE/DATE BOARD ACTION REQUESTED Resolution No. 307 Authorizing Submission of the Section 8 Management Assessment Program Certification for 2024 PROPOSED REQUEST/JUSTIFICATION The purpose of this request is to authorize the submission of the certification form for the Section 8 Management Assessment Program (SEMAP). For small housing authorities, this is required every other year. SEMAP serves several functions but in general is a tool for assessing whether the Section 8 program operates effectively to assist eligible families afford rental units at the correct subsidy cost and is a system used by HUD to measure the housing authority performance and assign performance ratings. For each indicator in Exhibit A of the resolution, the Authority must conduct random sampling and review the files for program accuracy. The certification form must be submitted by February 28, 2025. Staff recommends the Board approve the resolution. PREVIOUS ACTION ON REQUEST/OTHER PARTIES ADVISED: N/A EXECUTIVE DIRECTOR DATE: Amy Baldwin 01/30/2025 ATTACHMENT LIST: Exhibit A FINANCIAL IMPLICATIONS: None BUDGETED: YES NO FUNDING: COMMENTS 9/21 RESOLUTION NO. 307 AUTHORIZING SUBMISSION OF THE SECTION 8 MANAGEMENT ASSESSMENT PROGRAM CERTIFICATION FOR 2024 WHEREAS, the United States Department of Housing and Urban Development (“HUD”) requires that the Otter Tail County Housing and Redevelopment Authority (the “Authority”) submit a Section Eight Management Assessment Program (“SEMAP”) Certification for each fiscal year as represented in Exhibit A; and WHEREAS, information for the SEMAP Certification is being completed based on information from January 1, 2024, to December 31, 2024; and WHEREAS, a Resolution by the Board of Commissioners is required to approve the SEMAP Certification before it may be submitted to HUD. NOW, THEREFORE, IT IS HEREBY RESOLVED: 1. That the Executive Director is hereby authorized, empowered, and directed to complete the form based on the review of the files. 2. That the Executive Director is hereby authorized to submit the Certification Form as represented in Exhibit A by the required deadline. 3. That the Executive Director is authorized, empowered, and directed to undertake any other tasks as she deems necessary or desirable in her discretion to effectuate the purposes of the foregoing Resolution. Upon the motion of________________________, seconded by________________________, and passed on a _________________vote, the above resolution is hereby adopted by the Otter Tail County Housing and Redevelopment Authority Board of Commissioners. Adopted this 5th day of February 2025. Dated: _______________________________ OTTER TAIL COUNTY HRA BOARD OF COMMISSIONERS Attest:________________________________ By:_______________________________ 10/21 Section 8 Management AssessmentProgram (SEMAP) U.S. Department of Housing OMB Approval No. 2577-0215 and Urban Development (exp. 12/31/2026) Offi ce of Public and Indian Housing Certification Public reporting burden for this collection of information is estimated to average 12 hours per response, including the time for reviewing instructions,searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency maynot conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number. This collection of information is required by 24 CFR sec 985.101 which requires a Public Housing Agency (PHA) administering a Section 8 tenant-basedassistance program to submit an annual SEMAP Certification within 60 days after the end of its fiscal year. The information from the PHA concerns theperformance of the PHA and provides assurance that there is no evidence of seriously deficient performance. HUD uses the information and other datato assess PHA management capabilities and deficiencies, and to assign an overall performance rating to the PHA. Responses are mandatory and theinformation collected does not lend itself to confidentiality. Instructions Respond to this certification form using the PHA’s actual data for the fiscal year just ended. PHA Name For PHA FY Ending (mm/dd/yyyy)Submission Date (mm/dd/yyyy) Check here if the PHA expends less than $300,000 a year in Federal awards Indicators 1 - 7 will not be rated if the PHA expends less than $300,000 a year in Federal awards and its Section 8 programs are not auditedfor compliance with regulations by an independent auditor. A PHA that expends less than $300,000 in Federal awards in a year must stillcomplete the certification for these indicators. Performance Indicators 1.Selection from the Waiting List. (24 CFR 982.54(d)(1) and 982.204(a))(a) The PHA has written policies in its administrative plan for selecting applicants from the waiting list. PHA Response Yes No (b) The PHA’s quality control samples of applicants reaching the top of the waiting list and of admissions show that at least 98% of the families in thesamples were selected from the waiting list for admission in accordance with the PHA’s policies and met the selection criteria that determined their placeson the waiting list and their order of selection. PHA Response Yes No 2.Reasonable Rent. (24 CFR 982.4, 982.54(d)(15), 982.158(f)(7) and 982.507)(a) The PHA has and implements a reasonable written method to determine and document for each unit leased that the rent to owner is reasonable basedon current rents for comparable unassisted units (i) at the time of initial leasing, (ii) before any increase in the rent to owner, and (iii) at the HAP contractanniversary if there is a 5 percent decrease in the published FMR in effect 60 days before the HAP contract anniversary. The PHA’s method takes intoconsideration the location, size, type, quality, and age of the program unit and of similar unassisted units, and any amenities, housing services,maintenance or utilities provided by the owners. PHA Response Yes No (b) The PHA’s quality control sample of tenant files for which a determination of reasonable rent was required shows that the PHA followed its writtenmethod to determine reasonable rent and documented its determination that the rent to owner is reasonable as required for (check one): PHA Response At least 98% of units sampled 80 to 97% of units sampled Less than 80% of units sampled 3.Determination of Adjusted Income. (24 CFR part 5, subpart F and 24 CFR 982.516)The PHA’s quality control sample of tenant files shows that at the time of admission and reexamination, the PHA properly obtained third party verificationof adjusted income or documented why third party verification was not available; used the verified information in determining adjusted income; properlyattributed allowances for expenses; and, where the family is responsible for utilities under the lease, the PHA used the appropriate utility allowances forthe unit leased in determining the gross rent for (check one): PHA Response At least 90% of files sampled 80 to 89% of files sampled Less than 80% of files sampled 4.Utility Allowance Schedule. (24 CFR 982.517)The PHA maintains an up-to-date utility allowance schedule. The PHA reviewed utility rate data that it obtained within the last 12 months, and adjustedits utility allowance schedule if there has been a change of 10% or more in a utility rate since the last time the utility allowance schedule was revised. PHA Response Yes No 5.HQS Quality Control Inspections. (24 CFR 982.405(b))A PHA supervisor (or other qualified person) reinspected a sample of units during the PHA fiscal year, which met the minimum sample size required byHUD (see 24 CFR 985.2), for quality control of HQS inspections. The PHA supervisor’s reinspected sample was drawn from recently completed HQSinspections and represents a cross section of neighborhoods and the work of a cross section of inspectors. PHA Response Yes No 6.HQS Enforcement. (24 CFR 982.404)The PHA’s quality control sample of case files with failed HQS inspections shows that, for all cases sampled, any cited life-threatening HQS deficiencieswere corrected within 24 hours from the inspection and, all other cited HQS deficiencies were corrected within no more than 30 calendar days from theinspection or any PHA-approved extension, or, if HQS deficiencies were not corrected within the required time frame, the PHA stopped housing assistancepayments beginning no later than the first of the month following the correction period, or took prompt and vigorous action to enforce the family obligationsfor (check one): PHA Response At least 98% of cases sampled Less than 98% of cases sampled Previous edition is obsolete Page 1 of 4 ref. 24 CFR Part 985 form HUD-52648 (01/2024) 11/21 D D D D D D D D D D D D D D D D D D D 7.Expanding Housing Opportunities. (24 CFR 982.54(d)(5), 982.153(b)(3) and (b)(4), 982.301(a) and 983.301(b)(4) and (b)(12)).Applies only to PHAs with jurisdiction in metropolitan FMR areas. Check here if not applicable (a) The PHA has a written policy to encourage participation by owners of units outside areas of poverty or minority concentration which clearly delineatesareas in its jurisdiction that the PHA considers areas of poverty or minority concentration, and which includes actions the PHA will take to encourageowner participation. PHA Response Yes No (b) The PHA has documentation that shows that it took actions indicated in its written policy to encourage participation by owners outside areas of povertyand minority concentration. PHA Response Yes No (c) The PHA has prepared maps that show various areas, both within and neighboring its jurisdiction, with housing opportunities outside areas of povertyand minority concentration; the PHA has assembled information about job opportunities, schools and services in these areas; and the PHA uses the mapsand related information when briefing voucher holders. PHA Response Yes No (d) The PHA’s information packet for voucher holders contains either a list of owners who are willing to lease, or properties available for lease, underthe voucher program, or a list of other organizations that will help families find units and the list includes properties or organizations that operate outsideareas of poverty or minority concentration. PHA Response Yes No (e) The PHA’s information packet includes an explanation of how portability works and includes a list of neighboring PHAs with the name, address andtelephone number of a portability contact person at each. PHA Response Yes No (f) The PHA has analyzed whether voucher holders have experienced difficulties in finding housing outside areas of poverty or minority concentrationand, where such difficulties were found, the PHA has considered whether it is appropriate to seek approval of exception payment standard amounts inany part of its jurisdiction and has sought HUD approval when necessary. PHA Response Yes No 8. Payment Standards. The PHA has adopted payment standards schedule(s) in accordance with § 982.503. PHA Response Yes No Enter FMRs and payment standards (PS) 0-BR FMR _________1-BR FMR _________2-BR FMR _________3-BR FMR ________4-BR FMR _________ PS ______________PS ______________PS ______________PS ______________PS ______________ If the PHA has jurisdiction in more than one FMR area, and/or if the PHA has established separate payment standards for a PHA-designatedpart of an FMR area, attach similar FMR and payment standard comparisons for each FMR area and designated area. 9.Annual Reexaminations. The PHA completes a reexamination for each participating family at least every 12 months. (24 CFR 982.516) PHA Response Yes No 10.Correct Tenant Rent Calculations. The PHA correctly calculates tenant rent in the rental certificate program and the family rent to owner in the rentalvoucher program. (24 CFR 982, Subpart K) PHA Response Yes No 11. Initial HQS Inspections. Newly leased units pass HQS inspection within the time period required. This includes both initial and turnover inspections for the PBV program. (24 CFR 982.305; 983.103(b)-(d)). PHA Response Yes No 12. Periodic HQS Inspections. The PHA has met its periodic inspection requirement for its units under contract (982.405 and 983.103(e)). PHA Response Yes No 13. Lease-Up. The PHA executes housing assistance contracts for the PHA's number of baseline voucher units, or expends its annual allocated budget authority. PHA Response Yes No 14a.Family Self-Sufficiency Enrollment. The PHA has enrolled families in FSS as required. (24 CFR 984.105)Applies only to PHAs required to administer an FSS program . Check here if not applicable PHA Responsea. Number of mandatory FSS slots (Count units funded under the FY 1992 FSS incentive awards and in FY 1993 and laterthrough 10/20/1998. Exclude units funded in connection with Section 8 and Section 23 project-based contractterminations; public housing demolition, disposition and replacement; HUD multifamily property sales; prepaid orterminated mortgages under section 236 or section 221(d)(3); and Section 8 renewal funding. Subtract the number offamilies that successfully completed their contracts on or after 10/21/1998.) or, Number of mandatory FSS slots under HUD-approved exception Previous edition is obsolete Page 2 of 4 ref. 24 CFR Part 985 form HUD-52648 (01/2024) 12/21 D D D D D D D D D D D D D D D D D D D D D D D D D D b. Number of FSS families currently enrolled c. Portability: If you are the initial PHA, enter the number of families currently enrolled in your FSS program, but whohave moved under portability and whose Section 8 assistance is administered by another PHA Percent of FSS slots filled (b + c divided by a) 14b. Percent of FSS Participants with Escrow Account Balances. The PHA has made progress in supporting family self-sufficiency as measured by thepercent of currently enrolled FSS families with escrow account balances. (24 CFR 984.305)Applies only to PHAs required to administer an FSS program . Check here if not applicable PHA Response Yes No Portability: If you are the initial PHA, enter the number of families with FSS escrow accounts currently enrolled in yourFSS program, but who have moved under portability and whose Section 8 assistance is administered by another PHA Deconcentration Bonus Indicator (Optional and only for PHAs with jurisdiction in metropolitan FMR areas). The PHA is submitting with this certification data which show that: (1)Half or more of all Section 8 families with children assisted by the PHA in its principal operating area resided in low poverty census tracts at the end of the lastPHA FY; (2)The percent of Section 8 mover families with children who moved to low poverty census tracts in the PHA’s principal operating area during the last PHA FYis at least two percentage points higher than the percent of all Section 8 families with children who resided in low poverty census tracts at the end of the lastPHA FY; or (3)The percent of Section 8 mover families with children who moved to low poverty census tracts in the PHA’s principal operating area over the last twoPHA FYs is at least two percentage points higher than the percent of all Section 8 families with children who resided in low poverty census tracts at theend of the second to last PHA FY. PHA Response Yes No If yes, attach completed deconcentration bonus indicator addendum. I hereby certify under penalty of perjury that, to the best of my knowledge, the above responses are true and correct for the PHA fiscal year indicated above. I also certify that, to my present knowledge, there is not evidence to indicate seriously deficient performance that casts doubt on the PHA’s capacity to administer Section 8 rental assistance in accordance with Federal law and regulations. Warning: Anyone who knowingly submits a false claim or makes a false statement is subject to criminal and/or civil penalties, including confinement for up to 5 years, fines, and civil and administrative penalties. (18 U.S.C. §§ 287, 1001, 1010, 1012, 1014; 31 U.S.C. §3729, 3802). Executive Director, signature Chairperson, Board of Commissioners, signature ___________________________________________________________ Date (mm/dd/yyyy) ____________________________________________ _________________________________________________________ Date (mm/dd/yyyy) _________________________________________ The PHA may include with its SEMAP certification any information bearing on the accuracy or completeness of the information used by the PHA in providing itscertification. Previous edition is obsolete Page 3 of 4 ref. 24 CFR Part 985 form HUD-52648 (01/2024) 13/21 D D D D D Page 4 of 4 SEMAP Certification - Addendum for Reporting Data for Deconcentration Bonus Indicator Date (mm/dd/yyyy) ____________________________ PHA Name ______________________________________________________________________________________ Principal Operating Area of PHA _____________________________________________________________________(The geographic entity for which the Census tabulates data) Special Instructions for State or regional PHAs . Complete a copy of this addendum for each metropolitan area or portion of a metropolitan area (i.e., principaloperating areas) where the PHA has assisted 20 or more Section 8 families with children in the last completed PHA FY. HUD will rate the areas separatelyand the separate ratings will then be weighted by the number of assisted families with children in each area and averaged to determine bonus points. 2020 Census Poverty Rate of Principal Operating Area __________________________________________________ Criteria to Obtain Deconcentration Indicator Bonus Points To qualify for bonus points, a PHA must complete the requested information and answer yes for only one of the 3 criteria below. However, State and regional PHAs must always complete line 1) b for each metropolitan principal operating area. 1)__________a. Number of Section 8 families with children assisted by the PHA in its principal operating area at the end of the last PHA FY who live in low poverty census tracts. A low poverty census tract is a tract with a poverty rate at or below the overall poverty rate for the principal operating area of the PHA, or at or below 10% whichever is greater. __________b. Total Section 8 families with children assisted by the PHA in its principal operating area at the end of the last PHA FY. __________c. Percent of all Section 8 families with children residing in low poverty census tracts in the PHA’s principal operating area at the end of the last PHA FY (line a divided by line b). Is line c 50% or more? Yes No 2)__________a. Percent of all Section 8 families with children residing in low poverty census tracts in the PHA's principal operating area at the end of the last completed PHA FY. __________b. Number of Section 8 families with children who moved to low poverty census tracts during the last completed PHA FY. __________c. Number of Section 8 families with children who moved during the last completed PHA FY. __________d. Percent of all Section 8 mover families with children who moved to low poverty census tracts during the last PHA fiscal year (line b divided by line c). Is line d at least two percentage points higher than line a? Yes No 3)__________a. Percent of all Section 8 families with children residing in low poverty census tracts in the PHA's principal operating area at the end of the second to last completed PHA FY. __________b. Number of Section 8 families with children who moved to low poverty census tracts during the last two completed PHA FYs. __________c. Number of Section 8 families with children who moved during the last two completed PHA FYs. __________d. Percent of all Section 8 mover families with children who moved to low poverty census tracts over the last two completed PHA FYs (line b divided by line c). Is line d at least two percentage points higher than line a? Yes No If one of the 3 criteria above is met, the PHA may be eligible for 5 bonus points. See instructions above concerning bonus points for State and regional PHAs. Previous edition is obsolete ref. 24 CFR Part 985 form HUD-52648 (01/2024) 14/21 D D D D D D INDEPENDENT CONTRACTOR AGREEMENT INDEPENDENT CONTRACTOR: Barbara Dacy, LLC STREET ADDRESS: 13201 40th Street South CITY, STATE, AND ZIP: Afton, Minnesota 55001 (hereinafter referred to as "INDEPENDENT CONTRACTOR") agrees to provide to the OTTER TAIL COUNTY HOUSING AND REDEVELOPMENT AUTHORITY, (hereinafter referred to as “HRA”), INDEPENDENT CONTRACTOR services as specified in Exhibit A in accordance with the terms and conditions contained in this Agreement. 1. Term. INDEPENDENT CONTRACTOR shall coordinate their work efforts and maintain a liaison with the Board of Directors, or with a duly appointed representative. Unless terminated in accordance with provisions of Paragraph 9 hereof, these services shall be performed during the period stated in Exhibit A. During such term, INDEPENDENT CONTRACTOR shall make herself available and will use their best efforts to perform those services. 2. Payment For Services Rendered. For providing services as defined herein, HRA shall pay INDEPENDENT CONTRACTOR in accordance with the terms stated in Exhibit A. Under no circumstances shall INDEPENDENT CONTRACTOR be deemed to have earned or be entitled to any fee, expenses, commission, bonus, or other compensation for services hereunder, except as expressly provided in Exhibit A. 3. INDEPENDENT CONTRACTOR's Warranties. 3.1 INDEPENDENT CONTRACTOR hereby warrants that no other party has exclusive rights to their services in the specific areas described herein and that INDEPENDENT CONTRACTOR is in no way compromising any rights or trust relationships between any other party and INDEPENDENT CONTRACTOR, or creating a conflict of interest, or any possibility thereof, for INDEPENDENT CONTRACTOR or for HRA. INDEPENDENT CONTRACTOR further warrants that all services provided hereunder will be performed in accordance with all applicable Federal, State, or local laws and executive orders. INDEPENDENT CONTRACTOR agrees to indemnify and hold HRA harmless from any and all claims of other parties for breach of these warranties. 3.2 INDEPENDENT CONTRACTOR represents and warrants to HRA with respect to all works of authorship, if any, created by their in the performance of services under this Agreement ("Work Product") that (a) INDEPENDENT CONTRACTOR's retention by HRA and the creation, use, or distribution of the Work Product does not and will not violate any non-compete, confidentiality, or other contract binding on INDEPENDENT CONTRACTOR or infringe on any patent, copyright, trade secret, or other proprietary right of any third party; (b) the Work Product is and will 15/21 be original; and (c) the Work Product shall conform strictly and in all respects to specifications and prevailing standards of quality and workmanship. 4. Indemnity. INDEPENDENT CONTRACTOR shall indemnify and hold HRA harmless from and against any and all liability, loss, damage, cost, or expense (including reasonable attorney fees) arising out of or relating to INDEPENDENT CONTRACTOR's performance of the services identified in Exhibit A, or which HRA may incur or sustain by reason of any malpractice, negligence, or other legal liability of INDEPENDENT CONTRACTOR. 5. Nature Of Relationship. INDEPENDENT CONTRACTOR herein is an independent contractor and will not act as HRA’s agent, nor shall be deemed an employee of HRA for the purposes of any employee benefit programs, or be deemed an employee of HRA for purposes of income tax withholding, FICA taxes, unemployment benefits, workers compensation benefits, or otherwise. INDEPENDENT CONTRACTOR shall not enter into any agreement or incur any obligations on HRA’s behalf, or commit HRA in any manner without HRA’s prior written consent. As an independent contractor, INDEPENDENT CONTRACTOR understands and agrees that they are solely responsible for the control and supervision of the means by which the services defined in Exhibit A are completed. Such means are subject to INDEPENDENT CONTRACTOR's discretion, which discretion must be exercised consistent with the goal of completing the services on schedule and in accordance with the terms of this Agreement. INDEPENDENT CONTRACTOR also understands that no training is required, nor will any training be provided by HRA. Any supplies, which in the opinion of INDEPENDENT CONTRACTOR may be necessary to perform the services required, shall be the responsibility of INDEPENDENT CONTRACTOR. 6. Work for Hire. All Work Product, if any, created as a result of INDEPENDENT CONTRACTOR's performance hereunder, including but not limited to designs, programs, videos, presentations, pamphlets, etc., is "work made for hire" under United States copyright law and shall be owned exclusively by HRA. If and to the extent INDEPENDENT CONTRACTOR may, under copyright or other applicable law, be entitled to claim any ownership interest in the Work Product, INDEPENDENT CONTRACTOR hereby transfers, grants, conveys, assigns, and relinquishes exclusively to HRA all of INDEPENDENT CONTRACTOR's right, title, and interest, including the copyright, in and to the Work Product. INDEPENDENT CONTRACTOR will promptly upon the request of HRA execute such assignments and other documents and take such other action as HRA may reasonably request to convey to HRA full ownership of any and all Work Product. 7. Nondisclosure Covenant. Except as permitted or directed by HRA, INDEPENDENT CONTRACTOR shall not during the term of retention or thereafter divulge, furnish, or make accessible to anyone or use in any way any confidential, health, trade secret, or proprietary information of HRA, which they have acquired or become acquainted with during the retention of INDEPENDENT CONTRACTOR by HRA, whether developed by INDEPENDENT CONTRACTOR or by others. INDEPENDENT CONTRACTOR acknowledges that the above- described knowledge or information constitutes a unique and valuable asset of HRA and represents a substantial investment by HRA, and that any disclosure or other use of such knowledge or information, other than for the sole benefit of HRA, would be wrongful and would cause irreparable harm to HRA. INDEPENDENT CONTRACTOR will refrain from any acts or 16/21 omissions that would reduce the value of such knowledge or information to HRA. The foregoing obligations of confidentiality shall not apply to any knowledge or information the entirety of which is now published or subsequently becomes generally publicly known, other than as a direct or indirect result of the breach of this Agreement by INDEPENDENT CONTRACTOR or a breach of a confidentiality obligation owed to HRA by any third party. 8. Injunctive Relief. INDEPENDENT CONTRACTOR agrees that it would be difficult to compensate HRA fully for damages for any violation of the provisions of Paragraphs 7 of this Agreement. Accordingly, INDEPENDENT CONTRACTOR specifically agrees that HRA shall be entitled to temporary and permanent injunctive relief to enforce Paragraph 7 of this Agreement and that such relief may be granted without the necessity of proving actual damages. This provision with respect to injunctive relief shall not, however, diminish the right of HRA to claim and recover damages in addition to injunctive relief. 9. Termination. Without limiting any rights which HRA may have for reason of any default by INDEPENDENT CONTRACTOR, HRA reserves the right to terminate this Agreement in whole or in part by written notice to INDEPENDENT CONTRACTOR upon any breach of any provision hereof by INDEPENDENT CONTRACTOR. Aside from any continuing work, HRA’s sole obligation in the event of such termination shall be to reimburse INDEPENDENT CONTRACTOR for services actually performed by INDEPENDENT CONTRACTOR up to the effective date of such termination. HRA also reserves the right to terminate this Agreement without cause at any time following the Agreement's effective date upon thirty (30) days' notice. Such termination shall result in payment to INDEPENDENT CONTRACTOR as set forth in Exhibit A. Any termination shall be effective in the manner and upon the date specified in said notice and shall be without prejudice to any claims which HRA may have against INDEPENDENT CONTRACTOR. Termination shall not relieve INDEPENDENT CONTRACTOR of their continuing obligations under this Agreement, particularly the requirements of Paragraphs 6, 7 and 8 above. INDEPENDENT CONTRACTOR reserves the right to terminate this Agreement without cause at any time following the Agreement's effective date upon written notification of thirty (30) days in advance. Termination shall not relieve the HRA of its obligations to compensate the INDEPENDENT CONTRACTOR as set forth in Exhibit A under this Agreement for services rendered through the effective date of the termination. 10. Invoicing and Payment. INDEPENDENT CONTRACTOR shall submit invoices to the HRA Board President based on the payment schedule in Exhibit A. Invoices shall reference this Agreement and the time period of authorized performance involved. Invoices submitted by INDEPENDENT CONTRACTOR must be approved by the HRA Board President or his/her appointed representative. 11. Dispute Resolution. Before bringing any action or legal proceeding of any kind with respect to this Agreement, INDEPENDENT CONTRACTOR will promptly notify HRA (at its address for written communications shown in Exhibit A to this Agreement) of any dispute they have with HRA under this Agreement. No action or legal proceeding of any kind will be brought by INDEPENDENT CONTRACTOR against HRA until: (1) both parties conduct a study of the dispute or disagreement; (2) a meeting between the parties is held to try to resolve the dispute; and 17/21 (3) if, after such meeting takes place, one of the parties sends a letter to the other stating it is unable to resolve the matter in dispute. 12. Conflict Of Interest. INDEPENDENT CONTRACTOR agrees that they will not, while performing under this Agreement, create a conflict of interest which may prove to be detrimental to the interests of HRA. The responsibility to notify HRA of any potential conflict of interest rests with INDEPENDENT CONTRACTOR. HRA agrees to promptly evaluate and notify INDEPENDENT CONTRACTOR of its decision. 13. Subcontracting and Assignments. It is understood and agreed that this Agreement is for the rendering of consulting services by INDEPENDENT CONTRACTOR who is acting as an independent contractor. INDEPENDENT CONTRACTOR may not subcontract any part or all of the services to be provided without the prior written consent of HRA. All covenants, stipulations, and promises in this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, heirs and legal representatives. 14. Disclosure. INDEPENDENT CONTRACTOR acknowledges and agrees that it may be necessary for HRA to disclose the fact of INDEPENDENT CONTRACTOR's retention, the duties performed, and the compensation paid should there be proper inquiry from such a source as an authorized U.S. government agency or should HRA believe it has a legal obligation to disclose such information, and INDEPENDENT CONTRACTOR hereby authorizes any such disclosures. 15. General Provisions. 15.1 Waiver. No failure on the part of either party to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy granted hereby or by any related document or by law. 15.2 Governing Law. This Agreement shall be deemed to be a contact made under the law of the State of Minnesota and for all purposes it, plus any related or supplemental documents and notices, shall be construed in accordance with and governed by the law of such state. 15.3 Amendments. This Agreement may not be and shall not be deemed or construed to have been modified, amended, rescinded, canceled, or waived in whole or in part, except by written instruments signed by the parties hereto. 15.4 Entire Agreement. This Agreement, including Exhibit A attached hereto and made a part hereof, constitutes and expresses the entire agreement and understanding between the parties. All previous discussions, promises, representations and understandings between the parties relative to the subject matter of this Agreement, if any, have been merged into this document. Notwithstanding the foregoing, nothing in this Agreement shall be deemed to supersede any prior confidentiality 18/21 or similar agreement between the parties, which the parties acknowledge shall remain in full force and effect. 15.5 Severability. To the extent that any provision of this Agreement shall be determined to be invalid or unenforceable, the validity and enforceability of the remainder of such provision and of this Agreement shall be unaffected. If any particular provision of this Agreement shall be adjudicated to be invalid or unenforceable, the parties specifically authorize the tribunal making such determination to edit the invalid or unenforceable provision to allow this Agreement, and the provisions thereof, to be valid and enforceable to the fullest extent allowed by law and/or public policy. IN WITNESS WHEREOF, the parties execute this Agreement as follows: OTTER TAIL COUNTY HOUSING & REDEVELOPMENT AUTHORITY ________________________________________________ By: Amy Baldwin Title: Otter Tail County Housing and Redevelopment Authority Executive Director Date: ________________________________________________ By: Barbara Dacy, LLC Date: 19/21 OTTER TAIL COUNTY HOUSING & REDEVELOPMENT AUTHORITY EXHIBIT A AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES INDEPENDENT CONTRACTOR NAME: Barbara Dacy, LLC OTTER TAIL COUNTY HOUSING & REDEVELOPMENT AUTHORITY REPRESENTATIVE: Amy Baldwin Executive Director TERMS OF AGREEMENT I. TERM: This Agreement is effective from March 1, 2025 through February 28, 2026 II. SERVICES TO BE RENDERED: INDEPENDENT CONTRACTOR will: A. Provide housing program and project support services for the Otter Tail County HRA, including but not limited to: 1. Work with staff to identify possible partnership and funding opportunities that further the goals and activities of the Otter Tail County HRA. This could include support of submitting funding applications to Minnesota Housing and/or other state agencies, nonprofit organizations, or other entities. 2. Work with staff to create new programs as determined necessary and/or assist with revisions to existing programs. 3. Provide technical support to Executive Director and Housing Program Supervisor. The aforementioned services may be adjusted by HRA. Necessary and appropriate interventions and timelines will be discussed and determined using a team approach. III. COMPENSATION A. COMPENSATION FOR INDEPENDENT CONTRACTOR SERVICES: INDEPENDENT CONTRACTOR shall be paid $65.00/hour for a term of one year, with 20/21 payments to occur monthly upon submission of monthly invoices. Total compensation will not exceed $47,500 for the term of the contract. B. The compensation includes payment for services, incidental expenses, and mileage reimbursement, except as outlined in the following Section III.C. C. These services are anticipated to be provided on a remote basis. If in-person attendance is required prior to April 15, 2025 and/or after November 1, 2025, mileage reimbursement from Afton to Fergus Falls and the return trip will be invoiced at the IRS rate for the month the mileage is accrued. If overnight stays are required prior to April 15, 2025 and/or after November 1, 2025, the actual cost of lodging up to $75/night will be included on the monthly invoice. 21/21