BOARD of COMMISSIONERS Regular Board Meeting Agenda

BOARD OF COMMISSIONERS Regular Board Meeting Agenda

Tuesday, January 15, 2019 9:00 AM Meeting to be held in the County Board Room, Historic Courthouse, 215 1st Ave S, Long Prairie, MN. Public Comment Period: 8:45 a.m. Agenda Item # Agenda Time: 1 Call to Order and Roll Call 9:00 2 Pledge of Allegiance 9:01 3 Amendments to the Agenda 9:02 4 Potential Consent Items 9:03 4.1 Meeting Minutes Approval - January 2nd, 2019 4.2 Gambling Permit - Midwest Outdoors Unlimited - Prairie Partners 4.3 Gambling Permit - Pheasants Forever 4.4 Gambling Permit - Staples Sportsmen's Club 5 County Auditor-Treasurer 9:05 5.1 Auditor Warrants - December 2018 5.2 Commissioner Warrants 5.3 Health & Human Services Warrants 6 Administration 9:10 6.1 Use of the Expo Building for Hockey 6.2 Todd County Expo Building - User Study 7 Ditch/Ag Inspector 9:20 7.1 Ditch/Ag Dept Budget Carryover Request 8 Public Works 9:25 8.1 Final Payment Authorization - 2018 Bituminous Highway Construction Contract Approval of Revised State of Minnesota Joint Powers Agreement for the 2019 Fish Creek 8.2 Project on CSAH 47 8.3 CSAH 26 Bridge Project Funding Award Announcement 8.4 Hiring of a Public Works Heavy Equipment Operator 8.5 Approval to Purchase Pickup 8.6 Approval to Purchase Plowtruck 9 Planning & Zoning 9:35 9.1 Sauk River Watershed District Erosion Permits 9.2 Carry Forward Funds 9.3 Bruder CUP Request 9.4 Summer Shores First Addition Plat 9.5 Planning and Zoning 2018 Summary Report 10 Soil & Water 9:45 10.1 Hiring of Resource Conservationist 11 Health & Human Services 9:50 Licensing Specialist Services - Family Day Care Agreement between Region 5 and 11.1 Sourcewell 11.2 Todd County Public Health Advisory Committee

Commissioners may be in the Commissioner's Board Room prior to the board meeting proceedings. The County Board will open the meeting at the posted time and reserves the right to alter the agenda schedule for business needs. 1 of 92 BOARD OF COMMISSIONERS Regular Board Meeting Agenda

Standing Reports Auditor-Treasurer Report Commissioners' Report Coordinator Report Adjourn

Recommendation: The Todd County Board of Commissioners approves the following by Motion: to approve the Todd County Board of Commissioner's Meeting Minutes for January 2nd, 2019 as presented.

Additional Information: Budgeted: Comments Financial Implications: $

Funding Source(s): Yes No

Auditor/Treasurer Archival Purposes Only: Action Taken: Voting in Favor Voting Against Motion: Kneisl Kneisl Second: Kircher Kircher Passed Becker Becker Failed Erickson Erickson Tabled Neumann Neumann Other: Notes: Official Certification STATE OF MINNESOTA} COUNTY OF TODD} I, Denise Gaida, County Auditor-Treasurer, Todd County, Minnesota hereby certify that I have compared the foregoing copy of the proceedings of the County Board of said County with the original record thereof on file in the Auditor-Treasurer’s Office of Todd County in Long Prairie, Minnesota as stated in the minutes of the proceedings of said board and that the same is a true and correct copy of said original record and of the whole thereof, and that said motion was duly passed by said board at said meeting. Witness my hand and seal: Seal

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Minutes of the Meeting of the Todd County Board of Commissioners held on January 2nd, 2019 Public Comment De Eberle presented information on behalf of the Todd County Museum and Jeff Lucas regarding a request to scan the War Memorial Monument located on the Historic Courthouse grounds for a potential time capsule. Call to Order The Todd County Board of Commissioners met in the Commissioner’s Board Room in the City of Long Prairie, MN on the 2nd day of January, 2019 at 9:00 AM. The meeting was called to order by Chairperson Neumann. The meeting was opened with the Pledge of Allegiance. All Commissioners were present. Oaths of Office The Oath of Office was administered for elected candidates beginning their new term of service to the citizens of Todd County as of January 7th, 2019: Charles Rasmussen, Todd County Attorney, Denise Gaida, Todd County Auditor-Treasurer, Gary Kneisl, Todd County Commissioner – District 2 and David Kircher, Todd County Commissioner – District 4. The Oaths of Office will be administered on January 7, 2019 at Todd County Court Administration for Linda Daoust, Todd County Recorder and Steven Och, Todd County Sheriff. Approval of Agenda On motion by Kircher and second by Kneisl, the following motion was introduced and adopted by unanimous vote: To approve the agenda as presented with the removal of 11.1 Hiring of Resource Conservationist and addition of 12.1 Request to Scan War Memorial Monument. Board Organization On motion by Becker and second by Erickson, the following motion was introduced and adopted by unanimous vote: To appoint Commissioner Kneisl as the Chairperson of the Todd County Board of Commissioners for 2019 proceedings.

On motion by Neumann and second by Erickson, the following motion was introduced and adopted by unanimous vote: To appoint Commissioner Kircher as the Vice-Chairperson of the Todd County Board of Commissioners for 2019 proceedings. Consent Agenda On motion by Kircher and second by Erickson, the following motion were introduced and adopted by unanimous vote: To approve the Commissioner’s Meeting Minutes for December 27th, 2018 as presented. Auditor-Treasurer On motion by Becker and second by Neumann, the following resolution was introduced and adopted by unanimous vote: A RESOLUTION DESIGNATING AN OFFICIAL NEWSPAPER FOR 2019 WHEREAS, Minnesota Statutes Chapter 375.12 requires the annual letting of bids for publication of official proceedings of the County Board and similar statutes require the publication of delinquent tax lists, County Financial Statements, and local transportation project bid advertisements, and;

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WHEREAS, pursuant to advertisement bids were opened to be designated for those parties interested in being named as the official newspaper for Todd County on January, 2, 2019. NOW, THEREFORE BE IT RESOLVED, that the Todd County Board of Commissioners accept the bid from Staples World, with a bid of $10.20 per column inch to be the Official Newspaper for the year 2019 and; BE IT FURTHER RESOLVED, that the Todd County website (www.co.todd.mn.us) be also designated as an official publication for all statutory requirements.

On motion by Erickson and second by Becker, the following resolution was introduced and adopted by unanimous vote: A RESOLUTION DESIGNATING AN EXTRA PUBLICATION NEWSPAPER FOR 2019 WHEREAS, Minnesota Statutes Chapter 375.12 requires the annual letting of bids for publication of official proceedings of the County Board and similar statues require the publication of delinquent tax lists, County Financial Statements, and local transportation project bid advertisements, and; WHEREAS, pursuant to advertisement bids were opened to be designated for those parties interested in being named as the extra publication newspaper for Todd County on January 2, 2019. NOW, THEREFORE BE IT RESOLVED, that the Todd County Board of Commissioners accept the bid from Long Prairie Leader with a bid of $7.80 per column inch to be the Extra Publication Newspaper for the year 2019.

On motion by Neumann and second by Erickson, the following resolution was introduced and adopted by unanimous vote: A RESOLUTION ESTABLISHING THE 2019 TODD COUNTY BOARD OF COMMISSIONERS BOARD PROTOCOL (Copy of full resolution language available in the Auditor-Treasurer’s Office for public inspection.)

On motion by Becker and second by Neumann, the following motion was introduced and adopted by unanimous vote: To approve to continue to hold the Todd County Board of Commissioner’s Meetings on the first and third Tuesday of every month at 9:00 a.m. in the Todd County Historic Courthouse and Worksessions designated by Board Chairperson or three members of the County Board as deemed necessary. The Commissioners also approve that the December 3, 2019 board meeting be rescheduled to December 4, 2019 due to the AMC yearly conference and the year-end board meeting be scheduled for December 30, 2019.

On motion by Kircher and second by Neumann, the following motion was introduced and adopted by unanimous vote: To appoint Commissioner Becker and Commissioner Erickson to the Policy Committee.

On motion by Erickson and second by Neumann, the following resolution was introduced and adopted by unanimous vote: A RESOLUTION ESTABLISHING THE COMMISSIONER’S COMMITTEE ASSIGNMENTS FOR 2019 WHEREAS, The County Commissioners have wide ranging and diverse responsibilities, and; WHEREAS, it is necessary for Commissioners to be assigned to Committees for the purposes of advocating for the County, and to effectively complete the work of the County.

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NOW, THEREFORE BE IT RESOLVED, that the attached Committee Roster (Attachment 1) is hereby adopted as the County Commissioners’ Committee Assignments for 2019 and will remain on file in the Auditor-Treasurer’s Office.

On motion by Erickson and second by Neumann, the following motion was introduced and adopted by unanimous vote: To adopt the 2019 County Fee Schedule per the attached document on file in the County Auditor-Treasurer’s Office.

On motion by Becker and second by Neumann, the following resolution was introduced and adopted by unanimous vote: 2019 DESIGNATION OF DEPOSITORIES, INVESTMENTS & ELECTRONIC FUNDS TRANSFERS WHEREAS, Minnesota Statute § 118A.02, subdivision 1 (a) states “The governing body of each government entity shall designate, as a depository of its funds, one or more financial institutions.” and; WHEREAS, in accordance with Minnesota Statute § 118A.01 through § 118A.08, the County Board of Commissioners has the official role to authorize the County Auditor/Treasurer to select depositories & make investments of funds under Minnesota Statute § 118A.01 to 118A.08 or other applicable law for and on behalf of the County of Todd and; WHEREAS, in accordance to Minnesota Statute § 385.07, the County Board of Commissioners has the official role to authorize the County Auditor/Treasurer the use electronic funds transfers where deemed appropriate, expeditious and in the best interest of the County of Todd. NOW, THEREFORE BE IT RESOLVED, that the Todd County Board of Commissioners authorize the Todd County Auditor/Treasurer to select depositories & make investments in accordance to Minnesota Statute § 118A.01 through § 118A.08 where the following financial institutions are currently in place:  American Heritage National Bank  Minnesota National Bank  Unity Bank  US Bank BE IT FURTHER RESOLVED, that the Todd County Board of Commissioners authorize the Todd County Auditor/Treasurer the use of electronic funds transfers where deemed appropriate, expeditious and in the best interest of Todd County. Todd-Wadena Community Corrections On motion by Erickson and second by Neumann, the following resolution was introduced and adopted by unanimous vote: This is a resolution appointing membership to the Todd-Wadena Community Corrections Executive Committee and Advisory Board. WHEREAS, In accordance with MN Statutes Chapter 401, in 1976 Todd and Wadena Counties entered into a joint powers agreement and established Todd-Wadena Community Corrections, and WHEREAS, On July 19, 2016, Todd and Wadena Counties reaffirmed their continued commitment to providing community corrections in their respective counties through Todd-Wadena Community Corrections, by approving the updated joint powers agreement, and WHEREAS, Membership of the Todd-Wadena Community Corrections Executive Committee and Advisory Board needs to be appointed by the Boards of Commissioners in Todd and Wadena Counties, and THEREFORE, IT IS RESOLVED that the members of the Todd-Wadena Community Corrections Executive Committee are appointed as follows: 1. Barbara Becker, Todd County Commissioner. Page 3 of 5 6 of 92

2. David Kircher, Todd County Commissioner. 3. James Hofer, Wadena County Commissioner. 4. Sheldon Monson, Wadena County Commissioner. 5. Kyra Ladd, Chairperson of the Community Corrections Advisory Board. 6. Jason Sellnow, Vice-Chairperson of the Community Corrections Advisory Board. 7. Honorable Daniel Benson, District Court Judge. BE IT FURTHER RESOLVED that the members of the Todd-Wadena Community Corrections Advisory Board are appointed as follows: 1. Eric Monson, Citizen Member. 2. Naomi Moyer, Citizen Member. 3. Lane Waldahl, Citizen Member. 4. Connie Nelson, Victims Services. 5. Barbara Becker, Todd County Commissioner. 6. David Kircher, Todd County Commissioner. 7. James Hofer, Wadena County Commissioner. 8. Sheldon Monson, Wadena County Commissioner. 9. Honorable Daniel Benson, District Court Judge. 10. Jane Gustafson, Prosecuting Attorney. 11. Kyra Ladd, Prosecuting Attorney. 12. Sarah Federle, Public Defender. 13. Jason Sellnow, Public Defender. 14. Melissa Birkholtz, Police Chief. 15. Michael D. Carr, Wadena County Sheriff. 16. Steve Och, Todd County Sheriff. 17. Sandra Ahrendt, Ethnic/Minorities Representative. 18. Cindy Pederson, Health Professional. 19. Mike Willie, Social Services Representative. 20. Jackie Och, Social Services & Health Professional 21. Patrick Sutlief, Educational Administrator. 22. Dacia Kreklau, Corrections Agent. 23. Katherine Langer, Correctional Administrator. County Sheriff On motion by Kircher and second by Neumann, the following motion was introduced and adopted by unanimous vote: To appoint Sergeant Lonnie Marcyes as Chief Deputy for the Todd County Sheriff’s Office.

On motion by Kircher and second by Erickson, the following motion was introduced and adopted by unanimous vote: To hire Anthony Tiesler as a part-time Correctional Officer effective January 2nd, 2019 at a Grade 6, Step 1. Health & Human Services On motion by Becker and second by Neumann, the following motion was introduced and adopted by unanimous vote: To approve the Child Welfare / Juvenile Justice Screening Grant for CY 2019.

On motion by Kircher and second by Erickson, the following motion was introduced and adopted by unanimous vote: To approve Health & Human Services to provide CMH-TCM services in-house and authorize the hiring of one social worker and one office support specialist II.

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Administration On motion by Kircher and second by Erickson, the following motion was introduced and adopted by unanimous vote: To approve the hiring of Kim Bosl to fill the vacant deputy recorder position at pay Grade 6, step 2 based on her previous two interviews and experience working with the recording software, with a tentative start date of 1/3/19 or as soon as possible.

On motion by Neumann and second by Erickson, the following motion was introduced and adopted by unanimous vote: To approve the hiring of Angelina Karnes to fill the vacant Public Health Nurse position at pay Grade 12, step 1 based on her previous experience, with a start date to be determined. Todd County Museum On motion by Erickson and second by Neumann, the following motion was introduced and adopted by unanimous vote: To approve the request by Jeff Lucas to scan the War Memorial Monument located on the front lawn of the Historic Courthouse for a potential time capsule existence confirmation. Auditor-Treasurer’s Report The Auditor-Treasurer has nothing to report at this time. Commissioner’s Report The Commissioners reported on meetings attended. Coordinator’s Report The Coordinator reported on meetings attended and projects in-progress. Recess Chairperson Kneisl recessed the meeting until January 15, 2019.

Page 5 of 5 8 of 92 Board Action Form

Requestor to Complete: Type of Action Requested (Check one): Board Action Tracking Number : (Issued by Auditor/Treasurer Office) Action/Motion Report Discussion Resolution 20190115-02 Information Item Other Gambling Permit - Midwest Outdoors Unlimited- Agenda Topic Title for Publication: Prairie Partners Date of Meeting: January 15, 2019 Total Topic Time Requested: 5 min Organization / Department Requesting Action: Auditor-Treausrer Person Presenting Topic at Meeting: Denise Gaida, County Auditor-Treasurer Background: Supporting Documentation enclosed Application has been filed in the Auditor-Treasurer's Office Options:

Recommendation: The Todd County Board of Commissioners approves the following by Motion: to approve a gambling permit for the Midwest Outdoors Unlimited - Prairie Partners to hold a raffle event at the Hub Supper Club in Burnhamville Township at the address of 30905 County 13, Burtrum, MN on March 16, 2019.

Additional Information: Budgeted: Comments Financial Implications: $

Funding Source(s): Yes No

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GAMBLING PERMIT – MIDWEST OUTDOORS UNLIMITED – PRAIRIE PARTNERS

WHEREAS, the Todd County Board of Commissioners are establishing their approval for a Gambling Permit for the Midwest Outdoors Unlimited – Prairie Partners through this resolution;

NOW, THEREFORE BE IT RESOLVED, that the Todd County Board of Commissioners approve a Gambling Permit for the Midwest Outdoors Unlimited – Prairie Partners to hold a raffle event at the Hub Supper Club in Burnhamville Township at the address 30905 County 13, Burtrum, MN on March 16th, 2019.

Page 1 of 1 Board Action Tracking Number: 20190115-02 10 of 92 Board Action Form

Recommendation: The Todd County Board of Commissioners approves the following by Motion: to approve a gambling permit for the Pheasants Forever to hold a raffle event at the Birchwood Resort in Birchdale Township at the address of 22182 Birchwood Loop, Sauk Centre, MN on June 15, 2019.

Additional Information: Budgeted: Comments Financial Implications: $

Funding Source(s): Yes No

Revised 01/2019 11 of 92

GAMBLING PERMIT – PHEASANTS FOREVER

WHEREAS, the Todd County Board of Commissioners are establishing their approval for a Gambling Permit for the Pheasants Forever through this resolution;

NOW, THEREFORE BE IT RESOLVED, that the Todd County Board of Commissioners approve a Gambling Permit for the Pheasants Forever to hold a raffle event at the Birchwood Resort in Birchdale Township at the address 22182 Birchwood Loop, Sauk Centre, MN on June 15th, 2019.

Page 1 of 1 Board Action Tracking Number: 20190115-03 12 of 92 Board Action Form

Recommendation: The Todd County Board of Commissioners approves the following by Motion: to approve a gambling permit for the Staples Sportsmen's Club to hold a raffle event at the Clarissa Ballroom in Eagle Valley Township at the address of 19281 Kotter Rd, Clarissa, MN on March 9, 2019.

Additional Information: Budgeted: Comments Financial Implications: $

Funding Source(s): Yes No

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GAMBLING PERMIT – STAPLES SPORTSMEN’S CLUB

WHEREAS, the Todd County Board of Commissioners are establishing their approval for a Gambling Permit for the Staples Sportsmen’s Club through this resolution;

NOW, THEREFORE BE IT RESOLVED, that the Todd County Board of Commissioners approve a Gambling Permit for the Staples Sportsmen’s Club to hold a raffle event at the Clarissa Ballroom in Eagle Valley Township at the address 19281 Kotter Rd, Clarissa, MN on March 9th, 2019.

Page 1 of 1 Board Action Tracking Number: 20190115-04 14 of 92 Board Action Form

Recommendation: The Todd County Board of Commissioners approves the following by Motion: to approve the December 2018 Auditor Warrants number (ACH) 900167 thru 900183 in the amount of $79,677.16, (Manual) 506 thru 506 in the amount of $795.10 and (Regular) 232937 thru 233091 in the amount of $897,803.53 for a total of $978,275.79.

Additional Information: Budgeted: Comments Financial Implications: $

Funding Source(s): Yes No

Revised 01/2019 15 of 92 Auditor Warrants for Publication December 2018 Vendor Name Amount CITY OF EAGLE BEND $ 16,083.88 HOULE EXCAVATING LLC $ 20,478.21 LONG PRAIRIE OIL COMPANY $ 24,343.04 LONG PRAIRIE SANITATION INC $ 4,241.28 RAHN'S OIL & PROPANE $ 18,174.17 TODD CO AGRICULTURAL SOC. $ 2,027.86 19 PAYMENTS LESS THAN 2000 $ 7,016.19 AMERICAN HERITAGE BANK $ 2,721.00 CITY OF EAGLE BEND $ 45,360.61 COUNTIES PROVIDING TECHNOLOGY $ 4,958.00 COUNTRYSIDE RESTAURANT $ 6,014.40 FARM TEK $ 3,470.28 FLEET SERVICES/WEX BANK $ 5,242.10 JOHN WIESE FORD INC $ 12,000.00 MCIT $ 2,500.00 MORRISON COUNTY $ 6,547.10 PETERS LAW OFFICE, P.A. $ 4,709.00 SEACHANGE PRINT INNOVATIONS $ 14,919.58 SHIRLEY'S GAS & GROCERIES $ 2,721.29 STEP $ 4,445.95 26 PAYMENTS LESST HAN 2000 $ 11,457.59 AMERICAN HERITAGE BANK $ 42,970.97 BAKKE/JOHN $ 43,583.00 BAXTER/SUSAN $ 16,502.50 CARD SERVICES COBORNS $ 2,623.86 CENTERPOINT ENERGY $ 2,264.59 CITY OF LONG PRAIRIE $ 9,000.00 DEPUTY REGISTRAR $ 3,856.84 HELLE/ROBERT $ 7,669.71 LONG PRAIRIE OIL COMPANY $ 5,835.38 MIDDENDORF/DENISE $ 111,132.12 MN DEPT OF FINANCE $ 6,540.50 RAMPS AND MORE $ 2,116.22 RANGER CHEVROLET $ 57,743.25 RINDE FARMS $ 23,310.29 SOURCEWELL $ 194,045.58 TODD CO AUD-TREAS $ 10,451.93 US POSTAL SERVICE $ 6,563.75 VOYANT COMMUNICATIONS, LLC $ 3,428.97 31 PAYMENTS LESS THAN 2000 $ 14,716.27 MINNESOTA POWER & LIGHT $ 16,131.31 REGENTS OF THE UNIV OF MN $ 33,186.57 8 PAYMENTS LESS THAN 2000 $ 807.00 AMERICAN HERITAGE $ 8,187.79 BHH PARTNERS $ 3,390.00 CDW GOVERNMENT INC $ 3,220.14 CENTERPOINT ENERGY $ 3,093.23 16 of 92 Auditor Warrants for Publication December 2018 Vendor Name Amount NOW MICRO INC $ 2,198.00 STAPLES ADVANTAGE $ 2,664.46 STOECKEL JAHNER INC $ 9,160.00 TODD CO AUDITOR-TREASURER $ 2,096.25 TODD TRAILS ASSOCIATION $ 63,268.06 20 PAYMENTS LESS THAN 2000 $ 11,051.39 1 PAYMENT LESS THAN 2000 $ 795.10 MINNESOTA ENERGY RESOURCES CORP $ 22,790.10 TODD COUNTY MIS DEPT $ 2,000.00 VERIZON $ 3,338.28 17 PAYMENTS LESS THAN 2000 $ 7,110.85 Total: $ 978,275.79

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Recommendation: The Todd County Board of Commissioners approves the following by Motion: To approve the Commissioner Warrants number (ACH) 400106 through 400116 in the amount of $25,269.91 and (Regular) 50696 through 50806 in the amount of $143,471.46 for a total of $168,741.37.

Additional Information: Budgeted: Comments Financial Implications: $

Funding Source(s): Yes No

Revised 01/2019 18 of 92 MOLLYR 1/8/19 9:32AM **** Todd County **** WARRANTS FOR PUBLICATION Page 1

Cutoff 2000 Report Sequence:Amount: 1 - Vendor Name

19 of 92 MOLLYR **** Todd County **** 1/8/19 9:32AM WARRANTS FOR PUBLICATION Page 2 Warrants Approved On 1/18/2019 For Payment 1/18/2019

Vendor Name Amount AMERICAN SOLUTIONS FOR BUSINESS 6,536.31 CARGILL SALT DIVISION 39,072.84 CENTRAL STATES WIRE PROD INC 2,342.25 COMMISSIONER OF TRANSPORTATION 3,457.00 INFORMATION SYSTEM CORP 6,897.00 M & I LOCKBOX MCCC 10,450.00 MCCC, MI33 7,009.83 MCIT 23,862.00 METRO SALES INC 9,954.86 MN COUNTY ATTORNEY'S ASSOC 3,530.00 MN TRANSPORTATION ALLIANCE 2,025.00 STAPLES WORLD 2,308.04 SURVEY SYSTEMS 13,930.00 THOMSON REUTERS - WEST 2,572.00 108 Payments less than 2000 34,794.24 Final Total: 168,741.37

Recommendation: The Todd County Board of Commissioners approves the following by Motion: To approve the Health & Human Servicese Warrants number 514677 through 514741 in the amount of $135,099.08 and warrants number 704179 through 704295 in the amount of $65,227.12.

Additional Information: Budgeted: Comments Financial Implications: $

Funding Source(s): Yes No

Revised 01/2019 21 of 92 Warrants for Publication

Payment Date: 1/18/2019 Approval Date: 1/15/2019

Vendor name or # Amount

ASSOCIATION OF MN COUNTIES 2,216.00 DHS - SWIFT 16,080.51 OTTER TAIL CTY HUMAN SERVICES 2,553.00 V#15315 - COST EFFECTIVE HEALTH INS 4,314.00 113 PAYMENTS LESS THAN 2000 40,063.61

FINAL TOTAL 65,227.12

22 of 92 Warrants for Publication

Payment Date: 1/18/2019 Approval Date: 1/15/2019

Vendor name or # Amount

# 14813 2157.60 Foster Care provider # 15336 3460.84 Foster Care provider CENTRAL MN MENTAL HEALTH CENTER 3430.00 CULLENS HOME CENTER OF ALEX INC 9500.00 # 15681 4379.80 Foster Care provider # 11326 3919.60 Foster Care provider HOLISTIC FAMILY EDUCATION SRVS 3533.90 # 15511 5774.37 Foster Care provider LUTHERAN SOCIAL SERVICE OF MN - ST PAUL 3392.96 # 10746 2437.84 Foster Care provider MID MINNESOTA DRUG TESTING INC 5932.00 NORTHERN PINES MENTAL HLTH CTR IN 25759.00 OAKRIDGE HOMES INC - BRAINERD 12015.00 # 13849 4650.00 Foster Care provider # 15571 2559.98 Foster Care provider # 15286 4047.05 Foster Care provider # 15615 2930.74 Foster Care provider STEP 5545.36 ______

$29,673.04 Pymts less than $2000 ______

Final Total $135,099.08

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Additional Information: Budgeted: Comments Financial Implications: $

Funding Source(s): Yes No

Revised 01/2019 24 of 92 Board Action Form

Additional Information: Budgeted: Comments Financial Implications: $ $4,751.00 Funding Source(s): Facilities Yes No Budget/Expo Building Fund

Revised 01/2019 25 of 92

PROPOSAL FOR ARCHITECTURAL SERVICES

CLIENT: Todd County Public Works LOCATION: Long Prairie, Minnesota

SERVICE REQUESTED BY: Jonathan Stainbrook, DATE: January 3, 2019 Todd County Coordinator

PROJECT: Todd County Exposition Building - User Study

PROJECT UNDERSTANDING: Facilitate meetings with stakeholders and facilities groups to determine a facilities direction for the Todd county exposition building.

SCOPE OF SERVICES: • Conduct 2 facilities meetings. • Prepare meeting minutes for each meeting. • Prepare plan options. • Draft a report summary and review with county board

COMPENSATION: • Meeting 1 prep 2 hours @ $152.00 = $304.00 • Meeting 1(Stakeholders) 3 hours @ $152.00 = $456.00 (Architect) 3 hours @ $165.00 = $495.00 (Engineer) • Prepare meeting minutes meeting 1 1 hour @ $152.00 = $152.00 • Meeting 2 prep (develop 3 options) 6 hours @ $152.00 = $912.00 • Meeting 2 (Facilities Group) 3 hours @ $152.00 = $456.00 • Prepare meeting minutes meeting 2 1 hour @ $152.00 = $152.00 • Summary Report (board meeting) 12 hour @ $152.00 = $1,824.00 Total = $ 4,751.00

BILLING METHOD: BILLING SCHEDULE: ( ) Hourly (X) Monthly ( ) Percentage ( ) Phased (X) Lump Sum ( ) Upon Completion ( ) Other

REMARKS: Billing to be on a lump sum basis per attached Fee Schedule and General Provisions. WSN will not exceed stated cost without additional authorization from client.

WIDSETH SMITH NOLTING agrees to perform the described work as set forth above. The CLIENT agrees to make payment for work performed within thirty (30) days after receipt of billing. A finance charge is computed on a periodic rate of 1% per month which is an annual percentage rate of 12%

26 of 92 on any pervious balance no paid within 30 days.

SUBMITTED: APPROVED:

WIDSETH SMITH NOLTING & ASSOCIATES

BY: BY: Greg Bohl, AIA, CID, LEED AP

DATE:

27 of 92 B. The CLIENT will pay the balance General Provisions of Professional stated on the invoice unless CLIENT notifies WSN in writing of the particular Services Agreement item that is alleged to be incorrect within 15 days from the date of invoice, in which These General Provisions are intended to be used in conjunction with a letter-type Agreement case, only the disputed item will remain or a Request for Services between Widseth Smith Nolting, a Minnesota Corporation, hereinafter undue until resolved by the parties. All referred to as WSN, and a CLIENT, wherein the CLIENT engages WSN to provide certain accounts unpaid after 30 days from the Architectural, and/or Engineering services on a Project. date of original invoice shall be subject to a service charge of 1 % per month, or the maximum amount authorized by law, whichever is less. WSN shall be entitled to recover all As used herein, the term “this Agreement” refers to (1) the WSN Proposal Letter which reasonable costs and disbursements, including reasonable attorneys fees, incurred in becomes the Letter Agreement upon its acceptance by the Client, (2) these General Provisions connection with collecting amount owed by CLIENT. In addition, WSN may, after giving and (3) any attached Exhibits, as if they were part of one and the same document. With respect seven days written notice to the CLIENT, suspend services and withhold deliverables under to the order of precedence, any attached Exhibits shall govern over these General Provisions, this Agreement until WSN has been paid in full for all amounts then due for services, and the Letter Agreement shall govern over any attached Exhibits and these General expenses and charges. CLIENT agrees that WSN shall not be responsible for any claim for Provisions. These documents supersede all prior communications and constitute the entire delay or other consequential damages arising from suspension of services hereunder. Upon Agreement between the parties. Amendments to this Agreement must be in writing and signed payment in full by Client and WSN’s resumption of services, the time for performance of by both CLIENT and WSN. WSN’s services shall be equitably adjusted to account for the period of suspension and other reasonable time necessary to resume performance.

ARTICLE 1. PERIOD OF SERVICE The term of this Agreement for the performance of services hereunder shall be as set forth in ARTICLE 4. ABANDONMENT, CHANGE OF PLAN AND TERMINATION the Letter Agreement. In this regard, any lump sum or estimated maximum payment amounts Either Party has the right to terminate this Agreement upon seven days written notice. In set forth in the Letter Agreement have been established in anticipation of an orderly and addition, the CLIENT may at any time, reduce the scope of this Agreement. Such reduction in continuous progress of the Project in accordance with the schedule set forth in the Letter scope shall be set forth in a written notice from the CLIENT to WSN. In the event of Agreement or any Exhibits attached thereto. WSN shall be entitled to an equitable adjustment unresolved dispute over change in scope or changed conditions, this Agreement may also be to its fee should there be an interruption of services, or amendment to the schedule. terminated upon seven days written notice as provided above.

In the event of termination, and upon payment in full for all work performed and expenses ARTICLE 2. SCOPE OF SERVICES incurred to the date of termination, documents that are identified as deliverables under the The scope of services covered by this Agreement shall be as set forth in the Letter Agreement Letter Agreement whether finished or unfinished shall be made available by WSN to the or a Request for Services. Such scope of services shall be adequately described in order that CLIENT pursuant to Article 5, and there shall be no further payment obligation of the CLIENT both the CLIENT and WSN have an understanding of the expected work to be performed. to WSN under this Agreement except for payment of an amount for WSN’s anticipated profit on the value of the services not performed by WSN and computed in accordance with the If WSN is of the opinion that any work they have been directed to perform is beyond the Scope provisions of Article 3 and the Letter Agreement. of this Agreement, or that the level of effort required significantly exceeds that estimated due to changed conditions and thereby constitutes extra work, they shall notify the CLIENT of that fact. In the event of a reduction in scope of the Project work, WSN shall be paid for the work Extra work, additional compensation for same, and extension of time for completion shall be performed and expenses incurred on the Project work thus reduced and for any completed covered by a revision to the Letter Agreement or Request for Services and entered into by both and abandoned work, for which payment has not been made, computed in accordance with parties. the provisions of Article 3 and the Letter Agreement.

ARTICLE 3. COMPENSATION TO WSN ARTICLE 5. DISPOSITION OF PLANS, REPORTS AND OTHER DATA A. Compensation to WSN for services described in this Agreement shall be on a Lump Sum All reports, plans, specifications, field data and notes and other documents, including all basis, Percentage of Construction, and/or Hourly Rate basis as designated in the Letter documents on electronic media, prepared by WSN or its consultants are Instruments of Agreement and as hereinafter described. Service and shall remain the property of WSN or its consultants, respectively. WSN and its subconsultants retain all common law, statutory and other reserved rights, including, without 1. A Lump Sum method of payment for WSN’s services shall apply to all or parts of a work limitation, copyright. WSN and its subconsultants maintain the right to determine if scope where WSN’s tasks can be readily defined and/or where the level of effort required production will be made, and allowable format for production, of any electronic media or data to accomplish such tasks can be estimated with a reasonable degree of accuracy. The to CLIENT or any third-party. Upon payment in full of monies due pursuant to the CLIENT shall make monthly payments to WSN within 30 days of date of invoice based Agreement, WSN shall make hard copies available to the CLIENT, of all documents that are on an estimated percentage of completion of WSN’s services. identified as deliverables under the Letter Agreement. If the documents have not been finished (including, but not limited to, completion of final quality control), then WSN shall have 2. A Percentage of Construction or an Hourly Rate method of payment of WSN’s services no liability for any claims expenses or damages that may arise out of items that could have shall apply to all or parts of a work scope where WSN’s tasks cannot be readily defined been corrected during completion/quality control. Any Instruments of Service provided are and/or where the level of effort required to accomplish such tasks cannot be estimated not intended or represented to be suitable for reuse by the CLIENT or others on extensions with any reasonable degree of accuracy. Under an Hourly Rate method of payment, of the Project or any other project. Any modification or reuse without written verification or WSN shall be paid for the actual hours worked on the Project by WSN technical adaptation by WSN for the specific purpose intended will be at CLIENT’s sole risk and personnel times an hourly billing rate established for each employee. Hourly billing rates without liability or legal exposure to WSN. CLIENT shall indemnify, defend and hold harmless shall include compensation for all salary costs, payroll burden, general, and WSN from any and all suits or claims of third parties arising out of use of unfinished administrative overhead and professional fee. In a Percentage of Construction method documents, or modification or reuse of finished documents, which is not specifically verified, of payment, final compensation will be based on actual bids if the project is bid and adapted, or authorized in writing by WSN. This indemnity shall survive the termination of this WSN’s estimate to the CLIENT if the project is not bid. A rate schedule shall be Agreement. furnished by WSN to CLIENT upon which to base periodic payments to WSN. Should WSN choose to deliver to CLIENT documents in electronic form, CLIENT 3. In addition to the foregoing, WSN shall be reimbursed for items and services as set forth acknowledges that differences may exist between any electronic files delivered and the in the Letter Agreement or Fee Schedule and the following Direct Expenses when printed hard-copy. Copies of documents that may be relied upon by CLIENT are limited to incurred in the performance of the work: the printed hard-copies that are signed and/or sealed by WSN. Files in electronic form are only for convenience of CLIENT. Any conclusion or information obtained or derived from (a) Travel and subsistence. such electronic documents will be at user’s sole risk. CLIENT acknowledges that the useful (b) Specialized computer services or programs. life of some forms of electronic media may be limited because of deterioration of the media or (c) Outside professional and technical services with cost defined as the amount billed obsolescence of the computer hardware and/or software systems. Therefore, WSN makes WSN. no representation that such media will be fully usable beyond 30 days from date of delivery to (d) Identifiable reproduction and reprographic costs. CLIENT. (e) Other expenses for items such as permit application fees, license fees, or other additional items and services whether or not specifically identified in the Letter ARTICLE 6. CLIENT’S ACCEPTANCE BY PURCHASE ORDER OR OTHER MEANS Agreement or Fee Schedule. In lieu of or in addition to signing the acceptance blank on the Letter Agreement, the CLIENT may accept this Agreement by permitting WSN to commence work on the project or by 4. The CLIENT shall make monthly payments to WSN within 30 days of date of invoice issuing a purchase order signed by a duly authorized representative. Such purchase order based on computations made in accordance with the above charges for services shall incorporate by reference the terms and conditions of this Agreement. In the event of a provided and expenses incurred to date, accompanied by supporting evidence as conflict between the terms and conditions of this Agreement and those contained in the available. CLIENT’s purchase order, the terms and conditions of this Agreement shall govern. Notwithstanding any purchase order provisions to the contrary, no warrantees, express or implied, are made by WSN. 28 of 92 ARTICLE 7. CLIENT’S RESPONSIBILITIES 10. Provide “record” drawings and specifications for all existing physical features, A. To permit WSN to perform the services required hereunder, the CLIENT shall supply, in structures, equipment, utilities, or facilities which are pertinent to the Project, to the proper time and sequence, the following at no expense to WSN: extent available.

1. Provide all program, budget, or other necessary information regarding its requirements 11. Provide other services, materials, or data as may be set forth in the Letter as necessary for orderly progress of the work. Agreement or any Exhibits attached hereto.

2. Designate in writing, a person to act as CLIENT’s representative with respect to the B. WSN may use any CLIENT provided information in performing its services. WSN shall be services to be rendered under this Agreement. Such person shall have authority to entitled to rely on the accuracy and completeness of information furnished by the transmit instructions, receive instructions, receive information, interpret and define CLIENT. If WSN finds that any information furnished by the CLIENT is in error or is CLIENT’s policies with respect to WSN’s services. inadequate for its purpose, WSN shall endeavor to notify the CLIENT. However, WSN shall not be held responsible for any errors or omissions that may arise as a result of 3. Furnish, as required for performance of WSN’s services (except to the extent provided erroneous or incomplete information provided by CLIENT. otherwise in the Letter Agreement or any Exhibits attached hereto), data prepared by or services of others, including without limitation, core borings, probes and subsurface explorations, hydrographic and geohydrologic surveys, laboratory tests and inspections ARTICLE 8. OPINIONS OF COST of samples, materials and equipment; appropriate professional interpretations of all of Opinions of probable project cost, construction cost, financial evaluations, feasibility studies, the foregoing; environmental assessment and impact statements; property, boundary economic analyses of alternate solutions and utilitarian considerations of operations and easement, right-of-way, topographic and utility surveys; property descriptions; zoning, maintenance costs provided for in the Letter Agreement or any Exhibits attached hereto are deed and other land use restriction; and other special data not covered in the Letter to be made on the basis of WSN’s experience and qualifications and represent WSN’s Agreement or any Exhibits attached hereto. judgment as an experienced design professional. It is recognized, however, that WSN does not have control over the cost of labor, material, equipment or services furnished by others or 4. Provide access to, and make all provisions for WSN to enter upon publicly or privately over market conditions or contractors’ methods of determining their prices, and that any owned property as required to perform the work. evaluation of any facility to be constructed, or acquired, or work to be performed on the basis of WSN’s cost opinions must, of necessity, be speculative until completion of construction or 5. Act as liaison with other agencies or involved parties to carry out necessary acquisition. Accordingly, WSN does not guarantee that proposals, bids or actual costs will not coordination and negotiations; furnish approvals and permits from all governmental substantially vary from opinions, evaluations or studies submitted by WSN to CLIENT authorities having jurisdiction over the Project and such approvals and consents from hereunder. others as may be necessary for completion of the Project.

6. Examine all reports, sketches, drawings, specifications and other documents prepared ARTICLE 9. CONSTRUCTION PHASE SERVICES and presented by WSN, obtain advice of an attorney, insurance counselor or others as CLIENT acknowledges that it is customary for the architect or engineer who is responsible for CLIENT deems necessary for such examination and render in writing, decisions the preparation and furnishing of Drawings and Specifications and other construction-related pertaining thereto within a reasonable time so as not to delay the services of WSN. documents to be employed to provide professional services during the Bidding and Construction Phases of the Project, (1) to interpret and clarify the documentation so 7. Give prompt written notice to WSN whenever CLIENT observes or otherwise becomes furnished and to modify the same as circumstances revealed during bidding and construction aware of any development that affects the scope of timing of WSN’s services or any may dictate, (2) in connection with acceptance of substitute or equal items of materials and defect in the work of Construction Contractor(s), Consultants or WSN. equipment proposed by bidders and Contractor(s), (3) in connection with approval of shop drawings and sample submittals, and (4) as a result of and in response to WSN’s detecting in 8. Initiate action, where appropriate, to identify and investigate the nature and extent of advance of performance of affected work inconsistencies or irregularities in such asbestos and/or pollution in the Project and to abate and/or remove the same as may documentation. CLIENT agrees that if WSN is not employed to provide such professional be required by federal, state or local statute, ordinance, code, rule, or regulation now services during the Bidding (if the work is put out for bids) and the Construction Phases of existing or hereinafter enacted or amended. For purposes of this Agreement, “pollution” the Project, WSN will not be responsible for, and CLIENT shall indemnify and hold WSN, its and “pollutant” shall mean any solid, liquid, gaseous or thermal irritant or contaminant, officers, consultant(s), subcontractor(s), employees and agents harmless from, all claims, including smoke, vapor, soot, alkalis, chemicals and hazardous or toxic waste. damages, losses and expenses including attorneys’ fees arising out of, or resulting from, any Hazardous or toxic waste means any substance, waste pollutant or contaminant now or interpretation, clarification, substitution acceptance, shop drawing or sample approval or hereafter included within such terms under any federal, state or local statute, modification of such documentation issued or carried out by CLIENT or others. Nothing ordinance, code, rule or regulation now existing or hereinafter enacted or amended. contained in this paragraph shall be construed to release WSN, its officers, consultant(s), Waste further includes materials to be recycled, reconditioned or reclaimed. subcontractor(s), employees and agents from liability for failure to perform in accordance with professional standards any duty or responsibility which WSN has undertaken or assumed If WSN encounters, or reasonably suspects that it has encountered, asbestos or under this Agreement. pollution in the Project, WSN shall cease activity on the Project and promptly notify the CLIENT, who shall proceed as set forth above. Unless otherwise specifically provided in the Letter Agreement, the services to be provided by WSN do not include ARTICLE 10. REVIEW OF SHOP DRAWINGS AND SUBMITTALS identification of asbestos or pollution, and WSN has no duty to identify or attempt to WSN may review and approve or take other appropriate action on the contractor's submittals identify the same within the area of the Project. or shop drawings for the limited purpose of checking for general conformance with information given and design concept expressed in the Contract Documents. Review and/or approval of With respect to the foregoing, CLIENT acknowledges and agrees that WSN is not a submittals is not conducted for the purpose of determining accuracy and completeness of user, handler, generator, operator, treater, storer, transporter or disposer of asbestos or other details or for substantiating instructions for installation or performance of equipment or pollution which may be encountered by WSN on the Project. It is further understood systems, all of which remain the exclusive responsibility of the contractor. WSN's review and agreed that services WSN will undertake for CLIENT may be uninsurable and/or approval shall not constitute approval of safety precautions, or any construction obligations involving the presence or potential presence of asbestos or pollution. means, methods, techniques, sequences or procedures. WSN's approval of a specific item Therefore, CLIENT agrees, except (1) such liability as may arise out of WSN’s sole shall not indicate approval of an assembly of which the item is a component. WSN's review negligence in the performance of services under this Agreement or (2) to the extent of and/or approval shall not relieve contractor for any deviations from the requirements of the insurance coverage available for the claim, to hold harmless, indemnify and defend contract documents nor from the responsibility for errors or omissions on items such as sizes, WSN and WSN’s officers, subcontractor(s), employees and agents from and against dimensions, quantities, colors, or locations. Contractor shall remain solely responsible for any and all claims, lawsuits, damages, liability and costs, including, but not limited to, compliance with any manufacturer requirements and recommendations. costs of defense, arising out of or in any way connected with the presence, discharge, release, or escape of asbestos or pollution. This indemnification is intended to apply only to existing conditions and not to conditions caused or created by WSN. This ARTICLE 11. REVIEW OF PAY APPLICATIONS indemnification shall survive the termination of this Agreement. If included in the scope of services, any review or certification of any pay applications, or certificates of completion shall be based upon WSN's observation of the Work and on the 9. Provide such accounting, independent cost estimating and insurance counseling data comprising the contractor's application for payment, and shall indicate that to the best of services as may be required for the Project, such legal services as CLIENT may require WSN's knowledge, information and belief, the quantity and quality of the Work is in general or WSN may reasonably request with regard to legal issues pertaining to the Project conformance with the Contract Documents. The issuance of a certificate for payment or including any that may be raised by Contractor(s), such auditing service as CLIENT substantial completion is not a representation that WSN has made exhaustive or continuous may require to ascertain how or for what purpose any Contractor has used the moneys inspections, reviewed construction means and methods, verified any back-up data provided paid under the construction contract, and such inspection services as CLIENT may by the contractor, or ascertained how or for what purpose the contractor has used money require to ascertain that Contractor(s) are complying with any law, rule, regulation, previously paid by CLIENT. ordinance, code or order applicable to their furnishing and performing the work.

29 of 92 ARTICLE 12. REQUESTS FOR INFORMATION (RFI) ARTICLE 19. NO THIRD-PARTY BENEFICIARIES If included in the scope of services, WSN will provide, with reasonable promptness, written Nothing contained in this Agreement shall create a contractual relationship or a cause of responses to requests from any contractor for clarification, interpretation or information on the action by a third-party against either WSN or CLIENT. WSN’s services pursuant to this requirements of the Contract Documents. If Contractor’s RFI’s are, in WSN’s professional Agreement are being performed solely for the CLIENT’s benefit, and no other party or entity opinion, for information readily apparent from reasonable observation of field conditions or shall have any claim against WSN because of this Agreement. review of the Contract Documents, or are reasonably inferable therefrom, WSN shall be entitled to compensation for Additional Services for WSN’s time in responding to such requests. CLIENT may wish to make the Contractor responsible to the CLIENT for all such charges for ARTICLE 20. CORPORATE PROTECTION additional services as described in this article. It is intended by the parties to this Agreement that WSN’s services in connection with the Project shall not subject WSN’s individual employees, officers or directors to any personal legal exposure for the risks associated with this Project. Therefore, and notwithstanding ARTICLE 13. CONSTRUCTION OBSERVATION anything to the contrary, CLIENT agrees that as the CLIENT’s sole and exclusive remedy, If included in the scope of services, WSN will make site visits as specified in the scope of any claim, demand or suit shall be directed and/or asserted only against WSN, a Minnesota services in order to observe the progress of the Work completed. Such site visits and corporation, and not against any of WSN’s individual employees, officers or directors. observations are not intended to be an exhaustive check or detailed inspection, but rather are to allow WSN to become generally familiar with the Work. WSN shall keep CLIENT informed about the progress of the Work and shall advise the CLIENT about observed deficiencies in the ARTICLE 21. CONTROLLING LAW Work. WSN shall not supervise, direct or have control over any Contractor’s work, nor have This Agreement is to be governed by the laws of the State of Minnesota. any responsibility for the construction means, methods, techniques, sequences or procedures selected by the Contractor nor for the Contractor’s safety precautions or programs in connection with the Work. These rights and responsibilities are solely those of the Contractor. WSN shall ARTICLE 22. ASSIGNMENT OF RISK not be responsible for any acts or omissions of any Contractor and shall not be responsible for In recognition of the relative risks and benefits of the project to both the CLIENT and WSN, any Contractor’s failure to perform the Work in accordance with the Contract Documents or any the risks have been allocated such that the CLIENT agrees, to the fullest extent permitted by applicable laws, codes, regulations, or industry standards. law, to limit the liability of WSN, employees of WSN and sub-consultants, to the CLIENT and to all construction contractors, subcontractors, agents and assigns on the project for any and If construction observation services are not included in the scope of services, CLIENT assumes all claims, losses, costs, damages of any nature whatsoever or claims expenses from any all responsibility for interpretation of the Contract Documents and for construction observation, cause or causes, so that total aggregate liability of WSN, employees of WSN and sub- and the CLIENT waives any claims against WSN that are connected with the performance of consultants, to all those named shall not exceed WSN’s total fee received for services such services. rendered on this project. Such claims and causes include, but are not limited to negligence, professional errors or omissions, strict liability, breach of contract or warranty.

ARTICLE 14. BETTERMENT If, due to WSN’s negligence, a required item or component of the Project is omitted from the ARTICLE 23. NON-DISCRIMINATION construction documents, WSN shall not be responsible for paying the cost required to add such WSN will comply with the provisions of applicable federal, state and local statutes, item or component to the extent that such item or component would have been required and ordinances and regulations pertaining to human rights and non-discrimination. included in the original construction documents. In no event, will WSN be responsible for any cost or expense that provides betterment or upgrades or enhances the value of the Project. ARTICLE 24. SEVERABILITY Any provision or portion thereof in this Agreement which is held to be void or unenforceable ARTICLE 15. CERTIFICATIONS, GUARANTEES AND WARRANTIES under any law shall be deemed stricken and all remaining provisions shall continue to be WSN shall not be required to sign any documents, no matter by who requested, that would valid and binding between CLIENT and WSN. All limits of liability and indemnities contained result in WSN having to certify, guarantee or warrant the existence of conditions whose in the Agreement shall survive the completion or termination of the Agreement. existence WSN cannot ascertain. CLIENT agrees not to make resolution of any dispute with WSN or payment of any amount due to WSN in any way contingent upon WSN signing such certification. ARTICLE 25. PRE-LIEN NOTICE Pursuant to the Agreement WSN will be performing services in ARTICLE 16. CONTINGENCY FUND CLIENT and WSN agree that certain increased costs and changes may be required because of connection with improvements of real property and may contract with possible omissions, ambiguities or inconsistencies in the plans and specifications prepared by subconsultants or subcontractors as appropriate to furnish labor, skill WSN, and therefore, that the final construction cost of the Project may exceed the bids, contract and/or materials in the performance of the work. Accordingly, CLIENT amount or estimated construction cost. CLIENT agrees to set aside a reserve in the amount of 5% of the Project construct costs as a contingency to be used, as required, to pay for any such is entitled under Minnesota law to the following Notice: increased costs and changes. CLIENT further agrees to make no claim by way of direct or third-party action against WSN with respect to any increased costs within the contingency (a) Any person or company supplying labor or materials for this because of such changes or because of any claims made by any Contractor relating to such changes. improvement to your property may file a lien against your property if that person or company is not paid for its contributions. ARTICLE 17. INSURANCE WSN shall procure and maintain insurance for protection from claims against it under workers’ compensation acts, claims for damages because of bodily injury including personal injury, (b) Under Minnesota law, you have the right to pay persons who sickness or disease or death of any and all employees or of any person other than such supplied labor or materials for this improvement directly and employees, and from claims against it for damages because of injury to or destruction of property including loss of use resulting therefrom. deduct this amount from our contract price, or withhold the amounts due from us until 120 days after completion of the Also, WSN shall procure and maintain professional liability insurance for protection from claims improvement unless we give you a lien waiver signed by arising out of performance of professional services caused by any negligent act, error, or omission for which WSN is legally liable. persons who supplied any labor or materials for the improvement and who gave you timely notice. Certificates of insurance will be provided to the CLIENT upon request.

ARTICLE 18. ASSIGNMENT Neither Party to this Agreement shall transfer, sublet or assign any rights or duties under or interest in this Agreement, including but not limited to monies that are due or monies that may be due, without the prior written consent of the other party. Subcontracting to subconsultants, normally contemplated by WSN as a generally accepted business practice, shall not be considered an assignment for purposes of this Agreement.

30 of 92 Board Action Form

Requestor to Complete: Type of Action Requested (Check one): Board Action Tracking Number : (Issued by Auditor/Treasurer Office) Action/Motion Report Discussion Resolution 20190115-10 Information Item Other Agenda Topic Title for Publication: Ditch/Ag Dept Budget Carryover Request Date of Meeting: January 15, 2019 Total Topic Time Requested: 5 min Organization / Department Requesting Action: Ditch/Ag Inspector Person Presenting Topic at Meeting: Nancy Uhlenkamp/Denise Gaida Background: Supporting Documentation enclosed The truck purchased for the Ditch/Ag Department, December of 2018, will need new tires in 2019. The Ditch/Ag Department's 2019 budget amount for County Car Expense is $525. The cost of new tires would use all of this budget amount. There is $450 in funds left over in the 2018 Budget for County Car Expense that is being requested to be carried over to the Ditch/Ag Inspector 2019 Budget under County Car Expense to pay for the new tires which will leave funds available for vehicle maintenance and repairs if needed. Options: Approve Budget Carryover Request Do Not Approve Budget Carryover Request Recommendation: The Todd County Board of Commissioners approves the following by Motion: Approve the Budget Carryover Request from the Ditch/Ag Department to carryover $450 from the 2018 Budget County Car Expense to the 2019 Budget County Car Expense to be used to purchase tires for the truck purchased in December of 2018.

Additional Information: Budgeted: Comments Financial Implications: $ 450.00 Funding Source(s): Ditch/Ag Inspector Yes No 2018 Budget - County Car Expense

Revised 01/2019 31 of 92 32 of 92 Board Action Form

Requestor to Complete: Type of Action Requested (Check one): Board Action Tracking Number : (Issued by Auditor/Treasurer Office) Action/Motion Report Discussion Resolution 20190115-11 Information Item Other Final Payment Authorization - 2018 Bituminous Agenda Topic Title for Publication: Highway Construction Contract Date of Meeting: 01/15/2019 Total Topic Time Requested: 5 minutes Organization / Department Requesting Action: Public Works Person Presenting Topic at Meeting: Loren Fellbaum - Todd County Engineer Background: Supporting Documentation enclosed See attached resolution for additional background information. Options: #1 Approve attached resolution. #2 Do not approve attached resolution. Recommendation: The Todd County Board of Commissioners approves the following by Motion: Approve attached resolution.

Additional Information: Budgeted: Comments Financial Implications: $ 230,759.41 State Aid Funding Source(s): Yes No N/A Construction, Local Option Sales Tax & Local Levy

Revised 01/2019 33 of 92

FINAL PAYMENT AUTHORIZATION – 2018 BITUMINOUS HIGHWAY CONSTRUCTION CONTRACT

WHEREAS, the contract with Tri-City Paving (which is now part of the Knife River Corporation) for the 2018 Bituminous Highway Construction Contract known as SAP 077-609-009, SAP 077-614-019, CP 18:76, CP 18:77 and CP 77-18-01 located on various routes in Todd County has in all things been completed, and;

WHEREAS, construction work on this contract was scheduled and completed in 2018 with the value of the total work certified being $3,567,601.40, and;

WHEREAS, partial payments amounting to $3,336,841.99 have been previously been made to the contractor as work progressed, and;

WHEREAS, it has been determined that $230,759.41 still remains to be paid to Tri-City Paving.

NOW, THEREFORE BE IT RESOLVED, that the Board of Commissioners does here accept said completed projects for and in behalf of the County of Todd and authorizes final payment as specified.

Page 1 of 1 Board Action Tracking Number: 20190115-11 34 of 92 Board Action Form

Requestor to Complete: Type of Action Requested (Check one): Board Action Tracking Number : (Issued by Auditor/Treasurer Office) Action/Motion Report Discussion Resolution 20190115-12 Information Item Other Approval of Revised State of Minnesota Joint Powers Agenda Topic Title for Publication: Agreement for the 2019 Fish Creek Project on CSAH 47 Date of Meeting: 01/15/2019 Total Topic Time Requested: 5 minutes Organization / Department Requesting Action: Public Works Person Presenting Topic at Meeting: Loren Fellbaum - Todd County Engineer Background: Supporting Documentation enclosed The original Joint Powers Agreement for the 2019 Fish Creek Project on CSAH 47 was approved by the Todd County Board of Commissioners on October 16th, 2018.

During the State's approval process, the State's legal department recommended a few minor changes. Therefore these changes were incorporated into the attached revised agreement and resubmitted to the County for approval. The revised agreement has been reviewed the Todd County Attorney's Office. Options: #1 Approve attached Revised Joint Powers Agreement for the 2019 Fish Creek Project on CSAH 47. #2 Do not approve attached Revised Joint Powers Agreement for the 2019 Fish Creek Project on CSAH 47. Recommendation: The Todd County Board of Commissioners approves the following by Motion: Approve attached Revised Joint Powers Agreement for the 2019 Fish Creek Project on CSAH 47.

Additional Information: Budgeted: Comments Financial Implications: $ 130,000.00 N/A Funding Source(s): MnDNR Funds Yes No

Revised 01/2019 35 of 92 STATE OF MINNESOTA JOINT POWERS AGREEMENT Todd County – Fish Creek Culvert Replacement

This agreement (“Agreement”) is between the state of Minnesota, acting through its Commissioner of the Department of Natural Resources ("State") and Todd County ("Governmental Unit").

Recitals Under Minnesota Statute §§ 15.061 and 471.59, subdivision 10, and Minnesota Laws 2015, First Sp. Session, Ch.2, Art. 1, Sec. 2, Subd. 4(d) the State is empowered to engage such assistance as deemed necessary. The State is in need of engineering design, permitting, construction and contract administration services to upgrade a culvert located under County State Aid Highway (“CSAH”) 47 at Fish Creek in Todd County (“Project”). The Project will allow fish passage and improve public recreational opportunities. The Governmental Unit is replacing this culvert as part of a highway construction project known as SAP 077-647-003 and is willing to include upgrades to the culvert to meet the needs of the State.

Agreement 1 Term of Agreement 1.1 Effective date: January 15, 2019, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. 1.2 Expiration date: June 30, 2020, or until all obligations have been satisfactorily fulfilled, whichever occurs first.

2 Agreement between the Parties a. The Governmental Unit shall provide engineering design, permitting, construction and contract administration of the Project at the approximate location shown on Exhibit A, Map, which is attached to and incorporated into this Agreement. The Governmental Unit will own, operate and maintain the Project. b. All work on the Project shall be done in consultation with State staff so that the State’s goal of restoring fish passage through the new concrete box culvert is assured. c. The Governmental Unit shall provide two (2) copies of as-built design plans, specifications, and engineering documents to the State’s Authorized Representative within six (6) months after construction is completed. These documents will be in both electronic and written format. d. The Governmental Unit shall obtain all required environmental permits, create a construction plan, prepare bidding documents, and follow a competitive bidding process to select a firm for construction of the Project. The Governmental Unit shall comply with all applicable local, state and federal laws, ordinances, rules, and regulations. This includes all legal restrictions and requirements contained in Minnesota Laws 2015, First Sp. Session, Ch.2, Art. 1, Sec. 2, Subd. 4(d) and Minnesota Statutes § 97A.056, and signage and logo requirements in Minnesota Laws 2010, Chapter 361, Article 3, Section 5. Acknowledgement and signage requirements can also be found on the Lessard-Sams Outdoor Heritage Council’s website at https://www.lsohc.leg.mn/manager_info/index.html, which is incorporated here by reference.

3 Payment a. The State shall reimburse the Governmental Unit for costs associated with the Project to ensure fish passage. The total obligation of the State under this Agreement will not exceed $130,000. b. The State will promptly pay the Governmental Unit after the Governmental Unit presents an itemized invoice for actual work performed on the Project and the State’s Authorized Representative accepts the invoiced work. Documentation must be submitted with each invoice, and clearly show expenses for the Project. c. Partial payments are allowed. Payments for work completed through June 30 of each year must be submitted to the State’s Authorized Representative no later than July 20 of that same year. Invoices must include copies of appropriate documentation to prove the work has been completed. d. Final invoices for the project must be submitted within 30 days after the construction of the project is completed, but no later than June 20, 2020.

36 of 92 4 Authorized Representatives The State's Authorized Representative is Eric Altena, Area Fisheries Supervisor, 16543 Haven Road, Little Falls MN, 56345, Phone 320-616-2450 Ext 225, or his/her successor.

The Governmental Unit's Authorized Representative is Loren Fellbaum Todd County Engineer, 44 Riverside Drive, Long Prairie, Minnesota 56347, Phone 320-732-2722, or his/her successor.

5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this Agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 5.2 Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 5.3 Waiver. If the State fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the State and the Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party.

6 Indemnification In the performance of this Agreement by the Governmental Unit, or Governmental Unit’s agents or employees, the Governmental Unit shall indemnify, save, and hold harmless the State, its agents, and employees, from any claims or causes of action, including attorney’s fees incurred by the State, to the extent caused by Governmental Unit’s: 1) Intentional, willful, or negligent acts or omissions; or 2) Actions that give rise to strict liability; or 3) Breach of contract or warranty. The indemnification obligations of this section do not apply in the event the claim or cause of action is the result of the State’s sole negligence. This clause will not be construed to bar any legal remedies the Governmental Unit may have for the State’s failure to fulfill its obligation under this Agreement.

7 State Audits Under Minnesota Statute § 16C.05, subdivision 5, the Governmental Unit’s books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and either the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement.

8 Government Data Practices The Governmental Unit and State must comply with the Minnesota Government Data Practices Act, Minnesota Statute Ch. 13, as it applies to all data provided by the State under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this Agreement. The civil remedies of Minnesota Statute § 13.08 apply to the release of the data referred to in this clause by either the Governmental Unit or the State.

If the Governmental Unit receives a request to release the data referred to in this clause, the Governmental Unit must immediately notify the State. The State will give the Governmental Unit instructions concerning the release of the data to the requesting party before the data is released.

9 Venue Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota.

10 Termination 10.1 Termination. The State or the Governmental Unit may terminate this Agreement at any time, with or without

37 of 92 cause, upon 30 days’ written notice to the other party.

10.2 Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Governmental Unit. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Governmental Unit will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the Agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Governmental Unit notice of the lack of funding within a reasonable time of the State’s receiving that notice.

11 E-Verify Certification (In accordance with Minn. Stat. §16C.075) When contracting with any and all vendors, contractors, and subcontractors, the parties shall follow the requirements of Minnesota Statutes § 16C.075. Section 16C.075 requires that for services valued in excess of $50,000, a contractor must certify that as of the date of services performed on behalf of the parties, contractor and all its subcontractors will have implemented or be in the process of implementing the federal E-Verify program for all newly hired employees in the United States who will perform work on behalf of the State. Contractor is responsible for collecting all subcontractor certifications and may do so utilizing the E-Verify Subcontractor Certification Form available at http://www.mmd.admin.state.mn.us/doc/EverifySubCertForm.doc. All subcontractor certifications must be kept on file with Contractor and made available to the State upon request.

12 Invasive Species Requirements The State requires active steps to prevent or limit the introduction, establishment, and spread of invasive species when working on or entering into land under the control of the State, or during State-funded work. All individuals involved in the Project shall prevent invasive species from entering into or spreading within a project site by cleaning equipment vehicles, gear, and/or clothing prior to arriving at the project site and after completion of the project.

If the equipment, vehicles, gear, or clothing arrives at the project site with soil, aggregate material, mulch, vegetation (including seeds) or animals, it shall be cleaned by operator- furnished tools or equipment (brush/broom, compressed air or pressure washer) at the staging area. The operator shall dispose of material cleaned from equipment and clothing at a location determined by the DNR Wildlife Area Manager. If the material cannot be disposed of onsite, secure material prior to transport (sealed container, covered truck, or wrap with tarp) and legally dispose of offsite.

The operator shall ensure that all equipment and clothing used for work in infested waters has been adequately decontaminated for invasive species (e.g., zebra mussels) prior to being used in non-infested waters. All equipment and clothing including but not limited to waders, tracked vehicles, barges, boats, turbidity curtain, sheet pile, and pumps that comes in contact with any infested waters must be thoroughly decontaminated.

13 Pollinator Habitat Enhancement Habitat restorations and enhancements conducted on DNR lands and prairie restorations on state lands or on any lands using state funds are subject to pollinator best management practices and habitat restoration guidelines pursuant to Minnesota Statutes, section 84.973. Practices and guidelines ensure an appropriate diversity of native species to provide habitat for pollinators through the growing season. Current specific practices and guidelines to be followed for contract and grant work can be found on the DNR’s website under MN Pollinator Resources.

38 of 92 Signature page for: Todd County Joint Powers Agreement for Fish Creek

1. STATE ENCUMBRANCE VERIFICATION 3. DEPARTMENT OF NATURAL RESOURCES Individual certifies that funds have been encumbered Individual with delegated authority. as required by Minn. Stat. '§ 16A.15 and 16C.05.

By: By:

Date: Name: James T. Leach SWIFT PO # Title: Director, Division of Fish and Wildlife

Contract # Date:

2. Governmental Unit

4. COMMISSIONER OF ADMINISTRATION By: ______As delegated to Materials Management

Division Name: ______

By: ______Title: ______

Name: ______Date: ______

Date: ______By: ______

Name: ______

Title: ______

Date: ______

Distribution: Agency – Original Governmental Unit - Original Dept. of Admin. - Original Stream Habitat Supervisor - Scan Area Fisheries Manager - Scan FAW Contracts – Scan, paper FAW Grants Spec - Scan

39 of 92 Exhibit A: Fish Creek Channel re-alignment ¯ and culvert replacement project 2019.

ek re C h s C i F S

New concrete culvert location H

4 Legend 7

Restored_channel

Current_Channel

Big_Birch_AMA

Big Birch Lake DOWLKNUM 77008400 Southwest Todd County Twp 127, Range 32, Section 29

Current metal culvert location

Big Birch AMA

0 0.02 0.04 0.08 Miles40 of 92 Board Action Form

Additional Information: Budgeted: Comments Financial Implications: $ 376,360.00 Funding Source(s): MVST Bridge Yes No N/A Funds

Revised 01/2019 41 of 92 November 26 2018

Loren Fellbaum Todd County 44 Riverside Drive Long Prairie, MN 56347

In reply refer: Grant from MVST Bridge Fund – Acct 329 MnDOT Agreement 1032899

S.A.P. 077-626-008 Old Bridge 77507 New Bridge No. 77538 over Long Prairie River County of Todd CSAH 26

Dear Mr. Fellbaum:

You are now approved for funding of this project. Your request for a grant to construct the above bridge replacement is approved subject to determination of contract cost. Submit an excel format low bid abstract electronically to Mike Ayers [email protected] in State Aid finance after the opening of bids so the final determination can be made as to the amount of the grant.

Upon determination of the amount of the grant, a grant agreement and resolution by the governing body agreeing to finance any cost in excess of the grant is required before the grant can be authorized. Your MnDOT agreement number is 1032899 and should be referenced in the upper right hand corner of the grant agreement. Please submit 1 original copy of the grant agreement to my office for approval. The template for the 2018 grant agreement for account 329 can be found under the quick links on the State Aid website. A revised sample bridge bond resolution is also on the website.

Engineers Estimate MVST Bridge Funds $376,360.00 State Aid funds 634,659.50 Sincerely, TOTAL $1,011,019.50

Patti Loken State Aid Program Engineer cc: Kelvin Howieson, District 3 State Aid File

42 of 92 The Todd County GIS & Land Services Departm ent has m ade every effort to Todd County GIS 2019 CSAH 26 Bridge Project provide the most accurate and up-to-date information available in this publication 215 1st Ave S, Ste 102 and cannot be held responsible for any Long Prairie, MN 56347 0 0.175 0.35 0.7 mi unforeseen errors or om issions. If the recipient wishes to locate parcel corners (Office) 320-732-4248 and property lines,em ploy the services of 0 0.2 0.4 0.8 mi a Registered Land Surveyor. µ Printed on:

Thursday, January 03, 2019 43 of 92 Board Action Form

Requestor to Complete: Type of Action Requested (Check one): Board Action Tracking Number : (Issued by Auditor/Treasurer Office) Action/Motion Report Discussion Resolution 20190115-14 Information Item Other Agenda Topic Title for Publication: Hiring of a Public Works Heavy Equipment Operator Date of Meeting: 1/15/2019 Total Topic Time Requested: 5 Minutes Organization / Department Requesting Action: Administration, Public Works Person Presenting Topic at Meeting: Jonathan Stainbrook, Loren Fellbaum Background: Supporting Documentation enclosed The Public Works Department is in need of filling a vacant Heavy Equipment Operator position. The Public Works & Administration Departments have posted the position, held interviews, and are recommending to hire Mr. Jason Primus to fill this position at Grade 7, Step 1. Options: 1.) Approve the hiring of Mr. Jason Primus to fill the vacant Public Works Heavy Euipment Operator position at Grade 7, Step 1. 2.) Do not approve the hiring of Mr. Jason Primus to fill the vacant Public Works Heavy Euipment Operator position. Recommendation: The Todd County Board of Commissioners approves the following by Motion: Approve the hiring of Mr. Jason Primus to fill the vacant Public Works Heavy Euipment Operator position at Grade 7, Step 1.

Additional Information: Budgeted: Comments Financial Implications: $ 20.93/Hour Funding Source(s): Fund 3 - Road & Yes No Bridge

Revised 01/2019 44 of 92 Board Action Form

Additional Information: Budgeted: Comments Financial Implications: $ 29,611.70 Funding Source(s): Fund 3 - Road & Yes No Bridge

Revised 01/2019 45 of 92 RANGER GM 1502 E HOWARD ST CONTACT PERSON HIBBING, MN 55746 FLEET MGR CONTRACT # 218-263-7576 fax BOB O'HARA 135740 800-894-7579 218-349-8955

[email protected] TODD COUNTY T-21

BASE MODEL 2019 CHEVROLET (new body style) CK10543 $26,155.30 CREW CAB 4X4 5'8" BOX ADDED OPTIONS 5.3L V8 L82 $1,227.60 6 SPEED AUTOMATIC MYC STD AIR CONDITIONING STD WT CONVIENCE PKG (incl deept tinted rear glass, rw defogger, cruise control, keyless PCV $985.60 entry locking tailgate Wpoer release) POWER WINOWS & LOCK STD BACKUP CAMERA STD DELETE FLEET MAINTAINENCE SNO $(39.60) 2 ADDITIONAL KEYS 5H1 $39.60 TRAILERING PKG Z82 $347.60 BRAKE CONTROLLER JL1 $242.00 LOCKING REAR AXLE G80 $347.60 BLOCK HEATER K05 $88.00 now under dash & 110 VOLT POWER OUTLET KJ4 $198.00 rear of box incl 5 dash UPFITTER SWITCHES 9L7 n/a switches ROOF SWITCH NOT AVAILABLE TRW EXT COLOR RED G7C STD INT TRIM COLOR CLOTH TRIM H2R INCL TOTAL $29,591.70 6.5% SALES TAX not incl tax exempt plate LICENCE TITLE & REG not incl fees EXCISE TAX $20.00 TOTAL per UNIT $29,611.70

46 of 92 Board Action Form

Requestor to Complete: Type of Action Requested (Check one): Board Action Tracking Number : (Issued by Auditor/Treasurer Office) Action/Motion Report Discussion Resolution 20190115-16 Information Item Other Agenda Topic Title for Publication: Approval to Purchase Plowtruck Date of Meeting: 1/15/2019 Total Topic Time Requested: 5 Minutes Organization / Department Requesting Action: Public Works Person Presenting Topic at Meeting: Loren Fellbaum Background: Supporting Documentation enclosed The Public Works Department is requesting approval to purchase one truck from Nuss Truck & Equipment (see attached quote) for $117,899.65 and plow equipment from Towmaster Truck Equipment (see attached quote) for $107,562.50. This purchase would be replacing Unit #29 which is a 2001 Sterling Truck with 234,000 miles. Options: #1 The Public Works Department is requesting approval to purchase one truck from Nuss Truck & Equipment for $117,899.65 and plow equipment from Towmaster Truck Equipment for $107,562.50. #2 Do not approve the purchase of a plowtruck at this time. Recommendation: The Todd County Board of Commissioners approves the following by Motion: The Public Works Department is requesting approval to purchase one truck from Nuss Truck & Equipment for $117,899.65 and plow equipment from Towmaster Truck Equipment for $107,562.50.

Additional Information: Budgeted: Comments Financial Implications: $ 225,462.15 Funding Source(s): Fund 3 - Road & Yes No Bridge

Revised 01/2019 47 of 92 6500 US HWY 63 S, PO BOX 6699 2625 QUAIL RD NE 3028 TRUCK CENTER DR ROCHESTER, MN 55903 SAUK RAPIDS, MN 56379 DULUTH, MN 55806 507-288-9488 507-424-4156 (FAX) 320-253-6941 320-253-0176 (FAX) 218-628-0333 218-628-1822 (FAX)

2195 W CTY RD C2, PO BOX 130820 53976 208TH LN, PO BOX 969 12540 DUPONT AVE S ROSEVILLE, MN 55113 MANKATO, MN 56002 BURNSVILLE, MN 55337 www.nussgrp.com 651-633-4810 651-635-0928 (FAX) 507-345-6225 507-387-5886 (FAX) 952-894-9595 952-894-1619 (FAX)

9(+,&/(385&+$6($*5((0(17 '$7(BBBBBBBBBBBBBBBBBBBBBBBBBBB01/07/2019 PROW 1(: 86(' 75$,/(5 25'(5287 ,1672&. 6$/(63(5621BBBBBBBBBBBBBBBBBBB TODD COUNTY 385&+$6(5 &217$&77,7/( 44 RIVERSIDE DRIVE $''5(66 (0$,/$''5(66 LONG PRAIRIE, MN TODD 56347 &,7<67$7( &2817< =,3&2'( 320-732-2722 3+21(180%(5 )$;180%(5

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WARRANTIES DQGRUREPRESENTATIONS BASE PRICE OF VEHICLE SOLD $122,610.00

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ADDITIONAL ITEMS OR CONDITIONS OF SALE: ______

EQUIPMENT TO BE TRADED

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THE DEALER AND THE MANUFACTURER MAKE NO WARRANTIES AS TO SAID VEHICLE(S), EXPRESS, IMPLIED, OR IMPLIED BY LAW, EXCEPT THE MANUFACTURER'S STANDARD VEHICLE WARRANTY, A COPY OF WHICH HAS BEEN DELIVERED TO THE PURCHASER AND WHICH IS INCORPORATED HEREIN BY REFERENCE. THE DEALER AND THE MANUFACTURER SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR CONSEQUENTIAL DAMAGES.

THIS MAY BE A BINDING CONTRACT AND YOU MAY LOSE ANY DEPOSITS IF YOU DO NOT PERFORM ACCORDING TO ITS TERMS.

UNLESS OTHERWISE STATED, ALL INCENTIVES TO THE DEALER.

THE TERMS AND CONDITIONS HEREOF ARE A PART OF THIS AGREEMENT. THE PURCHASER ACKNOWLEDGES HAVING READ THIS AGREEMENT INCLUDING SUCH TERMS AND CONDITIONS AND FURTHER, PURCHASER ACKNOWLEDGES RECEIVING A COPY OF THIS AGREEMENT.

%X\HU6LJQDWXUHBBBBBBBBBBBBBBBBBBBBBBBBBBBB%X\HU1DPH7LWOHBBBBBBBBBBBBBBBBBBBBBBBBBBBB '$7( THIS ORDER IS NOT VALID UNLESS ACCEPTED AND SIGNED BY 'HDOHU$FFHSWHG;BBBBBBBBBBBBBBBBBBBBBBBBB A SALES MANAGER OR OFFICER OF THE COMPANY. '$7( 49 of 92 REV11-09A DEALER COPY 50 of 92 51 of 92 52 of 92 53 of 92 54 of 92 55 of 92 Board Action Form

Requestor to Complete: Type of Action Requested (Check one): Board Action Tracking Number : (Issued by Auditor/Treasurer Office) Action/Motion Report Discussion Resolution 20190115-18 Information Item Other Agenda Topic Title for Publication: Sauk River Watershed District Erosion Permits Date of Meeting: 1-15-19 Total Topic Time Requested: 5 Organization / Department Requesting Action: Planning and Zoning Person Presenting Topic at Meeting: Tim Stieber and Jonathan Stainbrook Background: Supporting Documentation enclosed Letter attached outlines situation. Todd County has made additions to its processes requiring a formal permit for erosion and sediment control for shoreland permits. The Planning Director believes the additional permit and process cover the need for a SRWD Erosion Permit. Therefore, the attached letter requests that SRWD stop requiring an erosion permit of landowners in the Todd County area since Todd County will be performing this service. Options: 1. Request that Board Chair sign a letter requesting that SRWD no longer require Erosion Permits of Todd County landowners. 2. Do not request that the letter be signed by the Board Chair and modifications be made or another approach taken. Recommendation: The Todd County Board of Commissioners approves the following by Motion: Sign and deliver the prepared letter requesting that SRWD no longer require Erosion Permits of Todd County landowners.

Additional Information: Budgeted: Comments Financial Implications: $ 10,000 Riparian Protection funds will be used for the additional Yes No Funding Source(s): Riparian Protection workload.

Revised 01/2019 56 of 92 COUNTY BOARD OF COMMISSIONERS 215 1st Avenue South, Suite 200 Long Prairie, MN 56347 Phone: 320-732-4472

January 15, 2019

Tyler Carlson, President Sauk River Watershed District (SRWD) 524 Fourth Street South Sauk Centre, MN 56378

Dear Mr. Carlson:

I am writing regarding the requirement for landowners within the Sauk River Watershed District (SRWD) portion of Todd County to obtain SRWD permits in addition to permits from Todd County for most projects. This topic was discussed at a December 27, 2018 Board work session and a possible solution was proposed. Todd County Board of Commissioners understands that the primary reason for landowners being required to obtain erosion permits from SRWD is to fill the gap not currently filled by Todd Planning and Zoning. A section copied from the SRWD web page (below) leads the Board to reason that if Todd County fills the current gap in soil erosion control recommendations the SRWD will no longer need to require erosion permits from landowners.

RULES & PERMIT REQUIREMENTS OF THE SAUK RIVER WATERSHED DISTRICT The Sauk River Watershed District (the “District”) is required by Minnesota Chapter Statutes 103D to promulgate administrative rules. The District is also required by state law to adopt a watershed management plan. The watershed management plan identifies certain issues that are central to the District’s overarching purposes. The District’s watershed management plan identifies several areas where District rules are necessary to effectuate the District’s statutory purposes. These areas are storm water management, erosion control, drainage, and water uses. The District’s rules are intended to fill gaps in existing federal, state, and local regulations and are not intended to duplicate existing regulations.

Todd County’s existing practice for erosion recommendations was outlined by Planning Director Tim Stieber at the December 27th work session. He indicated that erosion BMP’s are recommended on nearly all permits but not much field follow-up is typically done. He indicated that there are between 120 to 150 land use and shore land alteration permits within the SRWD annually. Although completing a site recommendation and a follow up site visit would be costly for the county it is possible with current staff levels. Mr. Stieber outlined an approach that could be adopted by Todd County by the end of February 2019 – well prior to construction season. The Board encouraged Mr. Stieber to work to implement the proposed approach outlined below in an effort to provide more timely service to landowners and to get BMP’s installed sooner. Proposed Approach For all permits in shore land zoned land and all permits in SRWD areas of Todd County: 1. An erosion and sediment control permit will be prepared in the land use permit system. 2. Erosion risk will be evaluated and ranked for each site. Based on the site risk various BMP’s will be prescribed and be required for the project and field oversite provided. 3. All erosion and sediment control permits will have a review date for field follow-up. 4. Landowners will be notified if erosion BMP’s appear inadequate during site visits. 5. There will not be a charge for the new permit – it is possible a charge will be initiated in future years.

57 of 92 The Todd County Board believes that the proposed approach will fill the gap in erosion control follow up that has not been filled by the county in the past. Therefore, the Todd County Board of Commissioners voted on January 15, 2019 to request that SRWD not pursue Erosion Control permits in Todd County since the gap in this area will be filled for 2019.

The Board believes the SRWD permit requirements for storm water, drainage, and water use permits should remain in place and be required as necessary as land use applications come forward requiring those types of permitting.

If SRWD requires a Memorandum of Understanding or other agreement to cease the requirement for erosion permits within Todd County please have SRWD staff draft the necessary document and forward to Jonathan Stainbrook, County Coordinator to be brought to the full Board.

Respectfully Submitted,

Gary Kneisl, Chairman Todd County Board of Commissioners

58 of 92 Board Action Form

Requestor to Complete: Type of Action Requested (Check one): Board Action Tracking Number : (Issued by Auditor/Treasurer Office) Action/Motion Report Discussion Resolution 20190115-17 Information Item Other Agenda Topic Title for Publication: Carry Forward Funds Date of Meeting: 1-15-19 Total Topic Time Requested: 5 Organization / Department Requesting Action: Planning and Zonning Person Presenting Topic at Meeting: Tim Stieber Background: Supporting Documentation enclosed Attached Budget Request Forms detail specific carry forward funds related to Planning and Zoning, AIS Program, and for the Division Equipment Fund. A total of $154,529.28 from Riparian Prevention Funds, Shoreland, Septic, and Low Income Cost Share funds needs to be carried forward into 2019. An additional Budget Request Form is for carry forward of $10,000 in funds in Division Fund 605 for future equipment purchase. The last Budget Request Form is for the AIS Prevention funds carrying forward $66,162.03 into 2019. Options: 1. Authorize funds to carry forward into 2019 within the Planning and Zoning, Division Fund 605, and the AIS funds as outlined on the Budget Request Forms. 2. Do not authorize the funds carry forward. Recommendation: The Todd County Board of Commissioners approves the following by Motion: Authorize the carry forward of funds within the SWCD Division as outlined on the Budget Request Forms.

Additional Information: Budgeted: Comments Financial Implications: $ 230,0691.31 Funding Source(s): BWSR, MPCA, Yes No State of MN

Revised 01/2019 59 of 92 60 of 92 61 of 92 62 of 92 63 of 92 Board Action Form

Requestor to Complete: Type of Action Requested (Check one): Board Action Tracking Number : (Issued by Auditor/Treasurer Office) Action/Motion Report Discussion Resolution 20190115-19 Information Item Other Agenda Topic Title for Publication: Bruder CUP Request Date of Meeting: 1-15-19 Total Topic Time Requested: 5 Organization / Department Requesting Action: Planning and Zoning Person Presenting Topic at Meeting: Tim Stieber Background: Supporting Documentation enclosed The Planning Commission considered the application to operate a diesel repair shop on parcel 18-0028802 in Long Prairie Township and recommended granting the request with three conditions: 1) Maximum of 15 vehicles or trailers allowed outside the shop, 2) trees must be planted and established on the north side of the parcel to provide future screening by July 2020, 3) operation must remain compliant with applicable local, state, and federal regulations. Options: 1. Grant the Conditional Use Permit with conditions. 2. Do not grant the CUP or change the conditions developed by the Planning Commission. Recommendation: The Todd County Board of Commissioners approves the following by Motion: Grant the CUP request by Mr. Bruder for parcel 18-0028802 to operate a diesel repair shop on the property with conditions prepared by the Planning Commission.

Additional Information: Budgeted: Comments Financial Implications: $

Funding Source(s): Yes No

Revised 01/2019 64 of 92

CONDITIONAL USE PROCEEDINGS

STATE OF MINNESOTA COUNTY OF TODD

In The Matter of: Kevin Bruder Mailing Address: 23410 281st Ave Long Prairie, MN 56347

Property Owner: Kevin & Jennifer Bruder Site Address: 23410 281st Ave Long Prairie, MN 56347

Parcel Number: 18-0028802

REQUEST: Conditional Use Permit to establish and operate a diesel repair shop.

The above entitled matter was heard before the Todd County Planning Commission on the 3rd day of January, 2019, on a petition for Conditional Use pursuant to the Todd County Zoning Ordinance, for the following described property:

SECT-24 TWP-129 RANG-33 NW4 SE4 EX N 126.35 FT & EX COMM AT SE COR OF NW4 SE4 N 150 FT TO PT OF BEG, THENCE S 150 FT, W 290 FT, NE’ERLY TO BEG 36.20 ACRES Record this document in: __X__ abstract records _____ torrens records.

IT IS ORDERED that the Conditional Use # CUP-2019-001 be (granted, denied) as upon the following conditions, changes or reasons:

1. Maximum of 15 vehicle or trailers allowed outside of shop. 2. Trees must be planted to provide screening on the north side of parcel by July 2020. 3. Remain compliant with applicable local, state, and federal regulations.

______

Page 651 ofof 922

Todd County Board of Commissioners Date Gary Kneisl, Chairman

STATE OF MINNESOTA COUNTY OF TODD

OFFICE OF TODD COUNTY PLANNING & ZONING OFFICE

I, Timothy D Stieber Todd County Planning & Zoning Director, County of Todd with and in for said County, do hereby certify that I have compared the foregoing copy and order (granting, denying) a Conditional Use with the original record thereof preserved in my office, and have found the same to be correct and true transcript of the whole thereof.

IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at Long Prairie, MN. in the County of Todd on the day of , .

______TODD COUNTY Planning and Zoning DIRECTOR

Drafted by: Ben Guell Planning and Zoning Staff

This form mailed to applicant: ______Date

Activities granted by a Conditional Use Permit expire and are considered invalid unless they are substantially completed within thirty-six months of the date the conditional use permit is granted by the Board of Commissioners. Section 5.05M Todd County Ordinance.

Page 662 ofof 922

Board Action Form

Requestor to Complete: Type of Action Requested (Check one): Board Action Tracking Number : (Issued by Auditor/Treasurer Office) Action/Motion Report Discussion Resolution 20190115-20 Information Item Other Agenda Topic Title for Publication: Summer Shores First Addition Plat Date of Meeting: 1-15-19 Total Topic Time Requested: 5 Organization / Department Requesting Action: Planning and Zoning Person Presenting Topic at Meeting: Tim Stieber Background: Supporting Documentation enclosed A subdivision request for the preliminary plat named "Summer Shores First Addition" containing five lots was reviewed by the Planning Commission on January 3, 2019. The Lake Osakis development along County Road 10 is on parcels 15-0031803 and 15-0040302. The Planning Commission recommended approval of the propsed plat with three conditions: 1) The site should stay vegetated as the lots are marketed and sold., 20 Obtain Sauk River Watershed District soil erosion permits and storm water permits as each lot is developed. 3) Shoreland alterations are allowed on all lots but the resulting gradient must provide at least six inches of intercept for overland flow to prevent direct flow from lots into the lake. Options: 1. Grant the subdivision request with conditions developed by the Planning Commission. 2. Do not grant the subdivision request as presented. Recommendation: The Todd County Board of Commissioners approves the following by Motion: Grant the subdivision request to create a 5 lot subdivision named Summer Shores First Addition on Lake Osakis with the conditions recommended by the Planning Commission.

Additional Information: Budgeted: Comments Financial Implications: $

Funding Source(s): Yes No

Revised 01/2019 67 of 92

SUBDIVISION PROCEEDINGS

STATE OF MINNESOTA COUNTY OF TODD

In The Matter of: “Summer Shores First Addition” presented by Jeremy Donabauer Mailing Address: 4796 Mergans Drive St. Bonifacius, MN, 55375

Property Owner: Mary Robinson-Grythe

Site Address: NA Parcel Number: 15-0031803 & 15-0040302

REQUEST: Subdivision request for the preliminary plat named “Summer Shores First Addition” containing five riparian lots.

The above entitled matter was heard before the Todd County Planning Commission on the 3rd day of January 2019, on a petition for Conditional Use pursuant to the Todd County Zoning Ordinance, for the following described property:

SECT-27 TWP-129 RANG-35 PART OF SE4 OF SEC 27 DESC AS: COMM AT NW CORNER OF LOT 1 BLK 2 OF HELEN'S LANDING, W 66.05 FT, NW 327.70 FT, NE 728.29 FT, N 50.64 FT TO CENTERLINE OF HWY 10, SW 1463.87 FT TO POINT OF BEG, SE 166.77 FT, SW 108.03 FT, SE 59.70 FT, SE 170.92 FT, SE 65.64 FT, SE 49.90 FT, SE 59.09 FT, SE 21.95 FT, S 18 FT TO LAKESHORE, W'LY ALONG LAKESHORE 1369 FT TO W LINE OF GOVT LOT 1, N 524 FT, N 79.57 FT TO CENTERLINE OF HWY 10, NE 1173.89 FT TO POINT OF BEG; EXCEPT W 600.00 FT 2.98 ACRES - GIS And SECT-34 TWP-129 RANG-35 PART OF GOVT LOT 1 OF SEC 34 DESC AS: COMM AT NW CORNER OF LOT 1 BLK 2 OF HELEN'S LANDING, W 66.05 FT, NW 327.70 FT, NE 728.29 FT, N 50.64 FT TO CENTERLINE OF HWY 10, SW 1463.87 FT TO POINT OF BEG, SE 166.77 FT, SW 108.03 FT, SE 59.70 FT, SE 170.92 FT, SE 65.64 FT, SE 49.90 FT, SE 59.09 FT, SE 21.95 FT, S 18 FT TO LAKESHORE, W'LY ALONG LAKESHORE 1369 FT TO W LINE OF GOVT LOT 1, N 524 FT, N 79.57 FT TO CENTERLINE OF HWY 10, NE 1173.89 FT TO POINT OF BEG; EXCEPT W 600.00 FT 6.30 ACRES - GIS

Record this document in: __X__ abstract records _____ torrens records.

IT IS ORDERED that the Subdivision Request, CUP# Subdiv-2019-01, be (granted, denied) as upon the following conditions, changes or reasons:

Page 681 ofof 922

1. The site should stay vegetated as the lots are marketed and sold. 2. Obtain Sauk River Watershed District soil erosion permits and storm water permits as each lot is developed. 3. Shoreland alterations are allowed on all lots but resulting gradient must provide at least six inches of intercept for overland flow to prevent direct flow from lots into the lake.

______Todd County Board of Commissioners Date Gary Kneisl, Chairperson

STATE OF MINNESOTA COUNTY OF TODD

OFFICE OF TODD COUNTY PLANNING & ZONING OFFICE

IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at Long Prairie, MN. in the County of Todd on the day of , .

______TODD COUNTY Planning and Zoning DIRECTOR

Drafted by: Loren Miller Planning and Zoning Staff

This form mailed to applicant: ______Date

Page 692 ofof 922

Board Action Form

Additional Information: Budgeted: Comments Financial Implications: $

Funding Source(s): Yes No

Revised 01/2019 70 of 92 Todd County Planning and Zoning Department Annual Report of Activities 2018 Permit Workload Total permit activity was up slightly from 2017 and was the highest in the past 6 years. As usual this workload was not distributed evenly through the year but concentrated between April and October. Some permit types require more staff time than others including shore land work, nonconforming building replacement, and administrative variances. All of these were increased in number compared to previous years. Variance and conditional use permit cases were at average levels. The septic program was strong again this past year with 145 septic designs reviewed. Additional permit related work not represented in the table includes general landowner assistance and property splits reviewed during the year.

Permit Activity 2013 2014 2015 2016 2017 2018 Building Permits 320 344 358 335 392 365 Acreage Cluster Requests 3 5 6 2 3 1 Feedlot Permits 5 7 8 8 14 6 Mining & Excavating Permits 2 5 3 10 11 6 Non-Conforming Building Permit requests 5 2 0 5 10 10 Plat Applications 5 6 7 9 4 5 Rezoning Requests 2 2 1 9 3 3 Shore land Alteration Permits 25 53 48 21 41 52 SSTS – septic system designs 129 139 142 133 123 145 Administrative Variance Permits 3 8 7 4 11 17 RV Permits 5 4 6 7 10 4 Conditional Use Applications - Planning 30 27 16 30 17 23 Commission Cases (some cases >1 meetings) Variance Applications - Board of Adjustment 25 31 22 38 28 36 Cases (some cases >1 meetings) 559 633 624 611 667 673 Total Permit Activity

Planning Commission and Board of Adjustment Two new board members were appointed. Formal training was supplied to board members twice during the year and small topic training items were included in the board agenda to be discussed after cases were decided upon at regular scheduled meetings. Four lake associations combined to request an ordinance change that would prohibit cattle direct access to lakes with MN DNR public landings. This measure was not successful and was declined by commissioners since it could not be shown to significantly protect water quality.

Three new plats were approved adding 18 new lots available for development. Variance case load typical with 26 applications for variances and 10 of these discussed at multiple meetings.

Additional Significant Work A customer service tracking system was implemented and tallied 539 site visits made by staff and 2,892 customer contacts. An additional 116.5 hours of training were received by staff during the year. Enforcement policy – was developed to help guide improvement in Ordinance compliance. The policy was reviewed by Commissioners and then adopted. Noncompliance fees and processes associated with them were detailed. Property splits and line adjustments were all reviewed prior to recording. This was set in motion in 2017 and was made effective January 1, 2018. Over 60 applications were reviewed during the year. Nonconforming parcels in shore land were identified through staff research and a process to identify and notify owners of non‐conforming parcels and rules was initiated. Low‐Income Cost Share – four new replacement systems were cost shared using MPCA and BWSR funds.

71 of 92 Staff Staffing level was brought to 3 FTE in June 2018 with hiring of a Planning and Zoning Specialist – Ben Guell. In addition to the 3 FTE PZ positions financial tracking for programs, grants, vouchers, and invoicing was provided by the Program Coordinator. File scanning and front counter support was provided by an Administrative Assistant. Department staff attended training in zoning practices, septic, wetlands, and other issues. Leanne Louden worked to scan historical documents in a format that allowed linking them to parcel data and thereby retrievable in RT Vision.

Additional Accomplishments • The Phase V septic inventory final report was submitted and reported in E‐link. • Additional work was performed on the Long Prairie DWSMA septic costs share grant. • Several articles were written and submitted to local papers on P&Z issues. • Fee schedules and office forms were reviewed and only small changes made. • Twelve new buildable parcels were created through platting. • RT Vision was used to manage the P&Z permits. Additional files were scanned into parcel files and linked to the land parcel from a shared drive. This allows all staff easy access to scanned permits, maps, pictures, etc. that have been scanned into the shared computer drive. • The Director, Program Coordinator, and a Land Use Planner began participating in the Buffer Team along with SWCD to coordinate enforcement of the Buffer Law with the SWCD voluntary implementation.

Financial Summary – 2018 Department permit fee income was favorable compared to past years. 2014 ‐ $101,594 2015 ‐ $90,987 2016 – $121,794 2017 ‐ $119,837 2018 ‐ $117,227 $ 1,754 was reimbursed for withdrawn permits during 2018 which is consistent with other years.

Program allocations for Shore land, SSTS, and grant income collected this year or as a carry‐forward into 2018 were used to offset wages by means of a journal entry totaling $81,359.82. Fees collected during the year plus program and grant funds covered over 50% of salary and benefits which was the largest expense for the Planning and Zoning Department at $272,925. In‐direct costs to the department (not billed directly) make estimating true total costs of running the department difficult.

Work Goals and Plans For 2019 • Improve resolution and handling of complaints and violations and reduce the number of violations on the books. • Complete BWSR Low Income Septic Cost Share grant and complete final reporting. • Implement enforcement for the Buffer Initiative as needed. • Develop and implement an improved system to deal with property transfers / SSTS inspection requirements. • Complete implementation of notification of nonconforming parcel landowners in shore land areas. • Continue to improve the RT Permit system. • Use the “dirt team” to analyze large applications for subdivision or other CUP’s. • Continue to make progress on historical file scanning with the goal getting all CUP’s and Variances scanned. • Implement more consistent and detailed erosion and sediment control recommendations to landowners obtaining permits from the department.

72 of 92 Board Action Form

Requestor to Complete: Type of Action Requested (Check one): Board Action Tracking Number : (Issued by Auditor/Treasurer Office) Action/Motion Report Discussion Resolution 20190115-22 Information Item Other Agenda Topic Title for Publication: Hiring of Resource Conservationist Date of Meeting: 1/15/2019 Total Topic Time Requested: 5 Minutes Organization / Department Requesting Action: Administration Person Presenting Topic at Meeting: Jonathan Stainbrook, Tim Stieber Background: Supporting Documentation enclosed A Resource Conservationist position was vacated when Deja Anton was hired as District Manager October 23rd, 2018 to start November 26th, 2018. Advertising to refill the position occurred between Nov 19 - Dec. 10 using the county web site, news paper, and association web sites. Nineteen applications were accepted. All were ranked using ranking criteria developed by the new District Manager and Division Director. The top 5 were interviewed once and the top two were interviewed twice by a panal of 2 commissioners. 2 SWCD supervisors, 2 Division staff, and HR. Funding to support the position is almost entirely derived from the Feedlot Program, Local Capacity Funds, and MN Ag Water Quality Technical support. Options: 1.) To approve the hiring of Reba Van Beusekom as Resource Conservationist at Grade 10 Step 1. 2.) To not approve the hiring of Reba Van Beusekom as Resource Conservationist at Grade 10 Step 1. Recommendation: The Todd County Board of Commissioners approves the following by Motion: To approve the hiring of Reba Van Beusekom to fill the vacant Resource Conservationist position at pay Grade 10, step 1 based on her previous experience, with a start date to be determined.

Additional Information: Budgeted: Comments Financial Implications: $ 20.93/Hour Funding Source(s): Feedlot Program, Yes No BWSR Local Funds

Revised 01/2019 73 of 92 Board Action Form

Requestor to Complete: Type of Action Requested (Check one): Board Action Tracking Number : (Issued by Auditor/Treasurer Office) Action/Motion Report Discussion Resolution 20190115-23 Information Item Other Licensing Specialist Services - Family Day Care Agenda Topic Title for Publication: Agreement between Region 5 and Sourcewell Date of Meeting: 01/15/2019 Total Topic Time Requested: 5 min Organization / Department Requesting Action: Health & Human Services Person Presenting Topic at Meeting: Jackie Och Background: Supporting Documentation enclosed Region 5 (Cass, Crow Wing, Morrison, Todd and Wadena Counties) has partnered with Sourcewell to provide regional child care licensing. The Regional Licensing Specialist will be provided and supervised by Sourcewell, which will assist Participating Counties in the performance of the administrative functions and activities pertaining to licensing under Minnesota Statutes, section 245A.04, and assist in processing background studies for family child care under Minnesota Statutes, Chapter 245C, as set forth in Schedule A. Options: 1. Approve the Licensing Specialist Services - Family Day Care Agreement between Todd County, member of Region 5, and Sourcewell. 2. Not Approve. Recommendation: The Todd County Board of Commissioners approves the following by Motion: Approve the Licensing Specialist Services - Family Day Care Agreement between Todd County, member of Region 5, and Sourcewell.

Additional Information: Budgeted: Comments Financial Implications: $ 22,500.00

Funding Source(s): 11-Social Services Yes No

Revised 01/2019 74 of 92

INTERLOCAL COOPERATIVE AGREEMENT Licensing Specialist Services - Family Day Care (Region 5)

The Parties to this Interlocal Cooperative Agreement (‘Agreement’) are SOURCEWELL, Cass County, Crow Wing County, Morrison County, Todd County and Wadena County (‘the Parties’), agree to the following:

Article 1. Purpose and Authority

1.1 Purpose. The purpose of this Agreement is to establish terms for services provided by SOURCEWELL to Cass County, Crow Wing County, Morrison County, Todd County and Wadena County (‘the Participating Counties’) in hosting a Regional Licensing Specialist (Day Care) position.

1.2 Authority. This Agreement is entered pursuant to applicable law and specifically Minnesota Statutes, Chapters 245A, 245C, section 471.59 and Minnesota Rules, Chapter 9543.

Article 2. Sourcewell Obligations

2.1 Duties. The Regional Licensing Specialist will be provided and supervised by SOURCEWELL, which will assist Participating Counties in the performance of the administrative functions and activities pertaining to licensing under Minnesota Statutes, section 245A.04, and assist in processing background studies for family child care under Minnesota Statutes, Chapter 245C, as set forth in Schedule A.

2.2 Staffing. SOURCEWELL will provide and supervise sufficient Regional Licensing Specialists to ensure compliance with annual licensing review requirements as set forth in Minnesota Rules, Chapter 9543 (also known as “Rule 13”), the requirements of this Agreement, and in accordance with the attached Schedule A.

2.3 Data Management and Retention. SOURCEWELL will manage and retain data in accordance with Article 5 below for the duration of this Agreement. SOURCEWELL will maintain data collected and received under this Agreement separated by county and will not co-mingle data between counties or with its own data unrelated to this Agreement. SOURCEWELL is responsible for data security for all data maintained by SOURCEWELL throughout the term of this Agreement. In the event of a data breach at SOURCEWELL, the appropriate Participating County and DHS will be promptly notified. SOURCEWELL is responsible for the meeting the requirements of Minn. Stat. § 13.055 in the event of a data breach at its location or of its systems. Upon termination of this Agreement, or withdrawal of any Participating County, SOURCEWELL return all data collected for

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purposes of this Agreement to the appropriate Participating Counties or County and will not retain data after such return.

2.4 Annual Quote. SOURCEWELL will develop and provide to the Participating Counties an annual quote for Regional Licensing Services for the upcoming calendar year. This quote shall be provided by SOURCEWELL to the Participating Counties annually in April. The quote will be based on an annual salary rate allocated among each Participating County. Each Participating County has 45 days in which to review, approve, and allocate funding in accordance with the quote breakdown.

2.5 Obligations Administrative; No Regulatory Authority. SOURCEWELL’s obligations under this Agreement are largely administrative. SOURCEWELL accepts no regulatory authority under this Agreement other than as specified herein, including Schedule A.

Article 3. Participating County Obligations

3.1 Regulatory Authority. Except as provided in Article 2 above and Schedule A, the Participating Counties retain all regulatory authority, duties and responsibilities imposed upon them by law.

3.2 Cost. The Participating Counties will pay the amounts specified in Schedule A. SOURCEWELL will invoice each Participating County for its portion of the contracting services by October 15th of each year. Payments due under this Agreement must be received by SOURCEWELL no later than December 31st of each year.

3.3 Legal Support. All legal services necessary to support the performance of licensing functions and background studies for family child care performed under this Agreement, including but not limited to representation in appeal-related and other litigation and legal advice, shall be provided by the County Attorney’s office to each Participating County.

3.4 Responsible Authority for Data. Accept with respect to a data breach as provided in Article II, Section 2.3 above, each Participating County remains the responsible authority, as defined by Minn. Stat. § 13.02, subd. 16, for all data collected and received by SOURCEWELL under this Agreement on its behalf. Data collected by SOURCEWELL under this Agreement will be managed and retained in accordance with Article 6, section 6.1 below for the duration of this Agreement.

Article 4. Program

4.1 Program Operation. The Program will be operated in accordance with the process and procedures outlined in Schedule A. The Parties agree to review Schedule A annually in conjunction with the annual quote specified in Article 2, Section 2.4 above. Schedule A may be modified in accordance with Article 6, Section 6.8 as necessary. If upon any annual

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review no changes to Schedule A are necessary, then the schedule in effect will carry forward for the next calendar year.

Article 5. Data Management

5.1 Data Management and Retention. The Parties will comply with all applicable laws pertaining to data management, including the Minnesota Government Data Practices Act, the Health Insurance Portability and Accountability Act, and corresponding agency rules. The Participating Counties individually remain the responsible authority, as defined by Minn. Stat. § 13.02, subd. 16, for data collected, received and maintained by SOURCEWELL under this Agreement on their respective behalf. Date collected, received, and maintained by SOURCEWELL under this Agreement remain the individual property of the of the appropriate Participating Counties and remain subject to applicable County and DHS policies and applicable law. During the term of this Agreement DHS and Participating Counties will have unrestricted access to provider files maintained by SOURCEWELL in relation to the respective counties for audit and all other lawful purposes. SOURCEWELL is not responsible for maintaining copies of such audits, but may be provided access to the audit and audit process for purposes of proper compliant administration and improvement of this program. During the term of this Agreement, data will be managed and retained in accordance with the County Human Services General Records Retention Schedule set forth in DHS Bulletin #16-85-01, as the same may be periodically updated by DHS.

5.2 Data Practices Requests. If SOURCEWELL receives a request for data, SOURCEWELL will immediately forward the request to the appropriate Participating County. The respective Participating Counties will process the request, including determining the data’s classification and whether or not all or a portion data will be released. SOURCEWELL will fully cooperate with the appropriate Participating County with respect to the County’s processing of data practices requests.

5.3 Response to Subpoena. If SOURCEWELL is served with a subpoena for data collected, received and maintained by SOURCEWELL under this Agreement the subpoena will be promptly forwarded to the appropriate Participating County. It is the appropriate Participating County’s responsibility to comply with the subpoena or take appropriate steps to limit or quash the subpoena. SOURCEWELL will fully cooperate with the appropriate Participating County with respect to the its response to subpoenas.

5.4 Civil and Administrative Proceedings. If SOURCEWELL becomes subject to civil litigation or administrative proceedings seeking access to data collected, received and maintained under this Agreement, the appropriate participating County agrees to seek intervention to defend in such litigation or proceedings or acquiesce to the relief sought, if it deems appropriate, and so timely inform SOURCEWELL. SOURCEWELL has no duty

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under this Agreement to independently defend actions seeking access to data. SOURCEWELL reserves the right to initiate and interpleader action pursuant to Minnesota Rules of Civil Procedure 22, Federal Rule of Civil Procedure 22 or similar administrative procedural rule. The Participating County agrees not to contest SOURCEWELL’s initiation of an interpleader action on procedural grounds, but such Participating County reserves the complete right to defend actions on the merits.

5.5 Department of Administration Opinions. If data collected, received or maintained by SOURCEWELL under this Agreement becomes the subject of an opinion request pursuant to Minn. Stat. § 13.072, it is the responsibility of the appropriate Participating County to respond to such request as it deems prudent. SOURCEWELL has no independent obligation to respond to such opinion requests, but SOURCEWELL will cooperate fully with the Participating County in the county’s formulation of a response.

5.6 Mandated Reports. The Parties acknowledge and agree that the Regional License Specialist position may not meet the strict definition of mandated reporter under Minn. Stat. § 626.556. Nonetheless, SOURCEWELL agrees to comply with the mandated reporter law to the best of its ability and to fully cooperate with the appropriate Participating County in providing information in its possession necessary to make mandated reports and to perform child protection functions.

Article 6. General Provisions

6.1 Defense and Indemnification Between Sourcewell and Participating Counties. Sourcewell and the Participating Counties agree to the following defense and indemnification provisions:

a. SOURCEWELL agrees to defend, indemnify, and hold the Participating Counties, their employees and officials harmless from any claims, demands, actions or causes of action, including reasonable attorney’s fees and expenses arising out of any act or omission on the part of SOURCEWELL, or its subcontractors, partners or independent contractors or any of their agents or employees in the performance of or with relation to any of the work or services to be performed or furnished by the SOURCEWELL or the subcontractors, partners, or independent contractors or any of their agents or employees under this Agreement.

b. Each Participating County agrees to defend, indemnify, and hold SOURCEWELL, its employees and officials harmless from any claims, demands, actions or causes of action, including reasonable attorney’s fees and expenses arising out of any act or omission on the part of a Participating County, or its subcontractors, partners or independent contractors or any of their agents or employees in the performance of or with relation to any of the work performed by the Participating County or its subcontractors, partners, or independent contractors or any agent or employee

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under state law or in relation to Participating County obligations under this Agreement.

6.2 Liability Limited. The State of Minnesota, Department of Human Services’ liability is governed and limited by Minn. Stat. § 3.736. SOURCEWELL and the Participating Counties’ liability is governed and limited by Minnesota Statutes, Chapter 466. The Parties Agree that SOURCEWELL and the Participating Counties are employees of the state within the narrow meaning of, and as limited by, Minn. Stat. § 466.132. No Party agrees to be liable for the acts or omissions of any other Party to this Agreement. In accordance with Minn. Stat. § 471.59, subd. 1a, the participating governmental units (Parties) to this Agreement are a single governmental unit for purposes of determining liability, if any. The liability of the Parties under this Agreement, if any, will not exceed the limits on governmental liability for a single governmental unit as specified in Minn. Stat. §§ 3.736 and 466.04, subd. 1.

6.3 Sourcewell and Participating Counties Insurance Requirements. Throughout the duration of this Agreement, SOURCEWELL and the Participating Counties will each maintain insurance coverages as follows:

a. Commercial General Liability Coverage. The minimum limits of liability will be:

 $1.5 million each occurrence;  $3 million general aggregate;  $3 million products and completed operations aggregate;  The policy must be written on an occurrence basis, not a claims-made basis;  Coverage limits required under this Section 6.3 a. will mirror the liability limits outlined in Minn. Stat. § 466.04, subd. 1. If the statute is amended, the Parties agree to obtain and maintain coverage consistent with the amended statute.

b. Auto Liability Coverage. The minimum limits of liability will be $1.5 million on a combined single limit basis. Auto coverage should include all vehicles, including hired and non-owned vehicles.

c. Workers’ Compensation Coverage. The minimum limits of liability will be:

 Bodily injury by accident - $500,000 each accident;  Bodily injury by disease - $500,000 each employee;  Bodily injury by disease - $500,000 policy limit.  Coverage limits required under this Section 6.3 c. will mirror the liability limits required by state and federal law. If any applicable law is amended, the Parties agree to obtain and maintain coverage consistent with the amended law.

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d. General Insurance Requirements. In relation to SOURCEWELL and each Participating County’s defense and indemnification obligations stated in 6.2 above, all insurance required and maintained under this Agreement is subject to the following provisions:

 Any insurance required under this Agreement will be primary and not excess to any other coverage carried by a Party entitled to indemnification under Section 6.2 above;

 Coverage must be in force for the complete term of this Agreement. If insurance expires during the term of this Agreement, a new Certificate of Insurance must be received by the other Parties at least 10 days prior to the expiration date. This new insurance must meet the terms of this Agreement;

 An indemnifying Party must provide a minimum of 30 days advance-notice to the indemnified Party of any substantial change to or cancellation of any of the insurance policies listed on the certificate. A 60-day notice is preferred but not required;

 With the exception of workers’ compensation coverage, an indemnified Party will be included as an Additional Insured on all liability policies held by the indemnifying Party;

 The Party holding required insurance is responsible for any deductible or meeting any self-insured retention condition contained within the insurance program;

 An indemnifying Party will furnish an original Certificate of Insurance as evidence of required coverage to each Party it is required to indemnify under Section 6.2 above with the executed Agreement and before perfromance commences. The Certificate of Insurance will be signed by a person authorized by the insurer to bind coverage. The Certificate of Insurance should identify appropriate Additional Insured Parties consistent with the requirements of this Agreement.

 If an indemnifying Party fails to keep in effect at all times the specified insurance coverage, the indemnified Party may, in addition to any other remedies available to it at law or in equity, immediately withdraw from this Agreement upon the occurrence of such event, without regard to the provisions of Sections 6.4 and 6.5 below.

No professional liability insurance is required under this Agreement. No excess or umbrella coverage is required under this agreement.

6.4 Breach and Cure. When a Party alleges another Party has breached a term, condition, duty or obligation arising under Agreement, the Party alleging breach will provide written notice

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and a reasonable description of the breach to the Party alleged to be in breach. The Party allegedly in breach will then have 10 business days to voluntarily cure the alleged breach.

6.5 Alternative Dispute Resolution. In the event of a dispute arising out of or relating to this Agreement, the Parties will first attempt to negotiate in good faith to resolve such dispute. If the dispute cannot be resolved by good faith negotiation within 60 days, the Parties shall submit any controversy or claim arising out of or relating to this Agreement, or the making, performance or interpretation thereof, to be settled by binding arbitration in Staples, Minnesota, in accordance with the Commercial Arbitration Rules or the American Arbitration Association. Judgment upon any arbitration award may be entered in any court having jurisdiction thereof and the Parties consent to the jurisdiction of the courts of the State of Minnesota for such purpose.

6.6 Term Indefinite. This Interlocal Cooperative Agreement will remain in effect until terminated in accordance with Section 6.7 below.

6.7 Termination and Withdrawal. This Agreement will be terminated upon action of a majority of the Parties to this Agreement. An individual Party may withdraw from this Agreement upon written notice provided to all Parties by June 1st of any year. Such withdrawal will be effective for the following calendar year. Withdrawal by a majority of the Parties to the Agreement will constitute termination of the Agreement.

6.8 Integration Clause; Modification in Writing Only. This Agreement is the complete understanding the Parties. All Parties warrant that no Party is relying on any prior or contemporaneous statements or representations, whether oral or written. This Agreement will be modified, if at all, in writing duly approved and executed by all Parties.

6.9 Rules of Construction. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the Party drafting an instrument or causing any instrument to be drafted.

6.10 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors and permitted assigns. No Party may assign its rights or obligations hereunder without the prior written consent of all Parties. No permitted assignment will operate to relieve the assigning Party from its obligations hereunder.

6.11 No Third-Party Beneficiary. The Parties do not intend that third-party beneficiary rights inure to the benefit any individual or entity that is not a signatory to this Agreement.

6.12 Waiver. Any term or condition of this Agreement may be waived at any time by the Party that is entitled to the benefit thereof, but no such waiver shall be effective unless set forth in a written instrument duly executed by or on behalf of the Party waiving such term or

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condition. No waiver by any Party of any term or condition of this Agreement, in any one or more instances, is deemed to be or construed as a waiver of the same or any other term or condition of this Agreement on any future occasion.

6.13 Severability. If any term, condition or provision of this Agreement is invalid, illegal or unenforceable, such invalidity, illegality or unenforceability will not affect any other term, condition or provision of this Agreement or invalidate or render unenforceable the remaining terms, conditions and provisions of this Agreement. Upon determination that any term, condition or provision of this Agreement is invalid, illegal or unenforceable, the Parties agree to negotiate in good faith to modify this Agreement so as to effectuate the original intent of the Parties as closely as possible in a mutually acceptable manner.

6.14 Counterparts; Authority to Sign. This Agreement may be signed in one or more counterparts and all counterparts are collectively deemed one and the same instrument. The undersigned individuals represent and warrant that they have actual authority to sign this Agreement and to bind the respective Parties to its terms and conditions.

6.15 Effective Date. The effective date of this Agreement is January 1, 2019, regardless of the dates of approval or signature by the Parties.

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IN WITNESS WHEREOF, Cass County, by virtue of the duly authorized signatures set forth below has authorized the execution of this Agreement to be effective as of the day of , 2019.

COUNTY OF CASS

x Date Chair, County Board

By Name – Printed

ATTEST:

x Date County Auditor

By Name – Printed

APPROVED AS TO FORM AND EXECUTION:

x Date County Attorney

By Name – Printed

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IN WITNESS WHEREOF, Crow Wing County, by virtue of the duly authorized signatures set forth below has authorized the execution of this Agreement to be effective as of the day of , 2019.

COUNTY OF CROW WING

x Date Chair, County Board

By Name – Printed

ATTEST:

x Date County Auditor

By Name – Printed

APPROVED AS TO FORM AND EXECUTION:

x Date County Attorney

By Name – Printed

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IN WITNESS WHEREOF, Morrison, by virtue of the duly authorized signatures set forth below has authorized the execution of this Agreement to be effective as of the day of , 2019.

COUNTY OF MORRISON

x Date Chair, County Board

By Name – Printed

ATTEST:

x Date County Auditor

By Name – Printed

APPROVED AS TO FORM AND EXECUTION:

x Date County Attorney

By Name – Printed

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IN WITNESS WHEREOF, Todd County, by virtue of the duly authorized signatures set forth below has authorized the execution of this Agreement to be effective as of the day of , 2019.

COUNTY OF TODD

x Date Chair, County Board

By Name – Printed

ATTEST:

x Date County Auditor

By Name – Printed

APPROVED AS TO FORM AND EXECUTION:

x Date County Attorney

By Name – Printed

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IN WITNESS WHEREOF, Wadena County, by virtue of the duly authorized signatures set forth below has authorized the execution of this Agreement to be effective as of the day of , 2019.

COUNTY OF WADENA

x Date Chair, County Board

By Name – Printed

ATTEST:

x Date County Auditor

By Name – Printed

APPROVED AS TO FORM AND EXECUTION:

x Date County Attorney

By Name – Printed

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IN WITNESS WHEREOF, Sourcewell, a public corporation and public agency, by virtue of the duly authorized signatures set forth below has authorized the execution of this Agreement to be effective as of the day of , 2019.

SOURCEWELL

x Date Chair, Sourcewell Board

By Name – Printed

ATTEST:

x Date Clerk to Sourcewell Board

By Name – Printed

14 1/2019 88 of 92 SCHEDULE A:

REGION FIVE COUNTIES: FAMILY CHILD CARE LICENSING PROCESS & PROCEDURES

Referral Process:  A potential applicant will call SOURCEWELL to inquire about Licensing.  Individuals interested in being licensed who contact Participating Counties will be referred to SOURCEWELL.  Completed licensing applications will be sent to SOURCEWELL & applicable fee(s), will be sent to SOURCEWELL to initiate licensing application. This information will be explained to the potential provider during the initial contact meeting and at any license renewal.

Fees:  SOURCEWELL will send out initial packet to potential applicants for family child care licensure regarding licensing process & any applicable fees.  Providers will be directed to make applicable licensing fee, payable to the appropriate Participating County, which will be collected by SOURCEWELL.  SOURCEWELL shall process all Background Study requests under the Minnesota Statutes, Chapter 245C for all persons as required by Minnesota Statutes, section 245C.03, subdivision 1.  Any fee changes will need County Board approval.  Effective January 1, 2019 all licensing fees for Family Child Care Providers will be $50.00 for an annual license and $100.00 for bi‐annual relicensing fee. Fire Marshall fee for Family Child Care will be $50. All fees will be collected by the SOURCEWELL licensor and given to the appropriate Participating County every Friday. Any fee changes will need County Board approval.

Licensing Process:  SOURCEWELL will conduct the initial licensing process with the number of visits necessary to complete the licensing application process. The number of visits will vary based on the need of the applicant and the process.  SOURCEWELL will provide a report to the appropriate Participating County. The Participating County will make a recommendation concerning issuance of a family child care license.  Participating Counties shall continue to retain responsibility for processing background related to Family Child Care programs and applications when background studies are required by Minnesota Statutes, section 245C.03, subdivision 1.  SOURCEWELL will assist Participating County in compliance with and monitoring to ensure all applicable licensing statutes and rules are followed by licensee.  SOURCEWELL will invoice Participating Counties on an annual basis for costs specified in the Agreement.  All non‐DHS procedures and templates used for Family Child Care Licensing will be approved by the Participating Counties and SOURCEWELL.  All licensing records generated and received by SOURCEWELL shall be retained by SOURCEWELL for the benefit of the Participating Counties and DHS. SOURCEWELL shall give immediate access to licensing records and files to Participating Counties and to DHS as needed for licensing and audit purposes.

Complaints:  Allegations of maltreatment shall be investigated by the Participating County in which the incident arose. The Participating County shall complete the maltreatment investigation in conjunction with SOURCEWELL, which will also conduct a licensing investigation for potential licensing violations.  SOURCEWELL will immediately notify the appropriate Participating County and DHS after its initial investigative if SOURCEWELL has information that may justify a temporary immediate suspension pursuant to Minnesota Statutes, section 245A.07, subdivision 2. The Participating County shall coordinate with DHS and respond promptly to any circumstances that pose an imminent risk of harm to the health, safety, or rights of children served in a family child care program. Either the Participating County or DHS may take the lead role if either believe a temporary immediate suspension may be warranted.  SOURCEWELL will assist the appropriate Participating County in licensing investigations to determine compliance with licensing rules and statutes. The appropriate Participating County will make a written recommendation, and provide supporting documentation, to DHS regarding possible licensing actions. The Participating County shall make a final recommendation to DHS. 1

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REGION FIVE COUNTIES: FAMILY CHILD CARE LICENSING PROCESS & PROCEDURES

 SOURCEWELL and the appropriate Participating County will be notified of any licensing complaints regarding providers.

Variances:  SOURCEWELL shall review all variance requests received under Minnesota Statutes, sections 245A.04, subdivision 9, and 245C.30, and submit any relevant information in its possession to the appropriate Participating County. The Participating County shall issue variances in accordance with Minnesota Statutes, chapter 245A, and Minnesota Rules, chapter 9543, and make recommendations to DHS regarding variances requested in accordance with statute and rule.  SOURCEWELL will assist in administering variance procedures/forms developed by the Participating Counties for all variance requests.

Correction Orders and Fix‐It Tickets:  SOURCEWELL, with the assistance of Participating County if needed, will issue and monitor correction orders and fix‐it tickets as needed and in consultation with DHS.

Negative Licensing Actions:  SOURCEWELL will make all recommendations to appropriate Participating County on any negative licensing actions including temporary immediate suspensions and recommend any licensing sanctions to the DHS Licensing Division. All final recommendations to DHS will be approved by appropriate Participating County Attorney and signed by the appropriate Participating County Supervisor on the appropriate Participating County Letterhead. All final recommendations will be sent by SOURCEWELL behalf of the appropriate Participating County.  The appropriate Participating County will consult with their county attorney in negative licensing actions. The appropriate Participating County will ensure immediate consultation with the county attorney for temporary immediate suspensions.

Appeals:  The appropriate Participating County with the assistance of the SOURCEWELL will manage all appeals, including testifying at appeal hearings, and the county attorney from the Participating County will represent the Commissioner and the county at appeal hearings.  SOURCEWELL will testify as requested by the county attorney and provide any information necessary in its possession regarding an appeal of a negative licensing action.

Unlicensed Programs:  The appropriate Participating County will send necessary notices to unlicensed providers on County letterhead.  SOURCEWELL will be conduct voluntary site visits to alleged unlicensed providers upon request in accordance with Minnesota Rules and Statutes. If SOURCEWELL cannot gain voluntary access to an alleged unlicensed site, the Participating County is responsible for initiating legal actions to allow access. Upon request, the appropriate Participating County shall provide law enforcement escort when necessary to maintain the safety of SOURCEWELL staff.

Legally Non‐Licensed Providers:  SOURCEWELL will conduct annual monitoring visits to legal non‐licensed providers registered and authorized to care for an unrelated child.  SOURCEWELL will work closely with the CCAP agency issuing payments to ensure monitoring visits are being completed.  If the provider has questions about how to comply with the new requirements, all technical assistance is to be done using the CCAP Provider line, 651‐431‐4848 and not through SOURCEWELL.

Training:  SOURCEWELL staff will receive training from DHS on family child care licensing requirements, processes, and procedures.

Cost for Services (Per Position):

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REGION FIVE COUNTIES: FAMILY CHILD CARE LICENSING PROCESS & PROCEDURES

 Todd County – 24,382 Population, 15% = $22,500  Morrison County – 32,872 Population, 21% = $31,500  Crow Wing County – 63,800 Population, 40% = $60,000  Wadena County – 13,804 Population, 8.6% = $12,900  Cass County* – 25,700 Population, 16% = $16,000 * Population based on County population, less Leech Lake Reservation Population * Rate based on Two Licensing Specialists, due to only utilizing Childcare

Designated County Agency:  For purposes of family child care licensing, SOURCEWELL is an extension of the County’s designated County Agency, per Minnesota Statutes, section 245A.02, subdivision 6, titled “County Agency”, within the limits of performing the duties outlined in the Agreement and this Schedule A.

91 of 92 Board Action Form

Requestor to Complete: Type of Action Requested (Check one): Board Action Tracking Number : (Issued by Auditor/Treasurer Office) Action/Motion Report Discussion Resolution 20190115-24 Information Item Other Agenda Topic Title for Publication: Todd County Public Health Advisory Committee Date of Meeting: 01/15/2019 Total Topic Time Requested: 5 min Organization / Department Requesting Action: Health & Human Services Person Presenting Topic at Meeting: Jackie Och Background: Supporting Documentation enclosed The Todd County Public Health Advisory Committee provides input into public health issues that affect Todd County. The committee members include: Rona Bleess, Faith Community Nurse; Dr John Halfen, Medical Consultant; Shelly Miller, ISD 2170; Bernice Desotell, Community Member; Randi Valencia, Community Member/Hispanic Liaison; Curt Bryniarski, Todd-Wadena Community Corrections; Amber Rasinski, Community Member; Kali Pachan, CTCCC; Lisa Warner, Centracare Health; Melissa Meagher, ISD 2753; Barb Becker, County Commissioner-District 1; Randy Neumann, County Commissioner-District 5; Jackie Och, Todd County Health & Human Services Director. Options: 1. Approve members serving on the Todd County Public Health Advisory Committee 2. Not approve Recommendation: The Todd County Board of Commissioners approves the following by Motion: Approve members serving on the Todd County Public Health Advisory Committee

Additional Information: Budgeted: Comments Financial Implications: $

Funding Source(s): 21-Public Health Yes No

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