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Home My WebLink AboutBoard of Commissioners – Supporting Documents Compiled – 12/19/20172.1 Draft CB Minutes for 12.12.2017 2.2 County Warrants~Bills 2.3 Final Payment-S.A.P. 056-601-059 2.5 Generations Inc. Contract Renewal 2.6 - 2.7 Credit Card Issuance-Tobacco License 3.0 Auditor-Treasurer Agenda Items 3.0 Budget and Levy Public Meeting Minutes12-12-2017 4.0 WCRJC Cooperative Agreement Resolution 4.0 WCRJC COOPERATIVE SERVICES AGREEMENT 2017 FINAL 5.0 Stonebrooke Engineering Agreement 7.0 Otter Tail County - CYBERsprout Website Proposal 8.0 Proposed HRA Acquisitions 9.0 Planning Commission Recommendations 9.1 AIS Minutes 11-20-2017 9.1 AIS Minutes 12-11-2017 10.0 Solid Waste Fee Schedule 2018 10.1 HHW JPA Contract OTC 2018 and Exhibits 121117 10.2 HHW Paintcare OTC Contract 2017 11.0 Draft Order Removing Property from Dranaige System 25 BOARD OF COMMISSIONERS MEETING AGENDA PACKET December 19, 2017 MINUTES OF THE OTTER TAIL COUNTY BOARD OF COMMISSIONERS Government Services Center, Commissioners’ Room 515 W. Fir Avenue, Fergus Falls, MN December 12, 2017 3:00 p.m. Call to Order The Otter Tail County Board of Commissioners convened at 3:00 p.m. Tuesday, December 12, 2017, at the Government Services Center in Fergus Falls, MN, with Commissioners Doug Huebsch, Chair, Roger Froemming, John Lindquist and Lee Rogness present. Commissioner Wayne Johnson was absent. Approval of Agenda Chair Huebsch called for approval of the Board Agenda. Motion by Froemming, second by Lindquist and unanimously carried to approve the Board of Commissioners Agenda of December 12, 2017, as presented. Consent Agenda Motion by Rogness, second by Froemming and unanimously carried to approve Consent Agenda items as follows: 1. November 28, 2017 Board of Commissioners’ Meeting Minutes 2. Warrants/Bills for December 12, 2017 (Exhibit A) 3. Human Services Bills & Claims 4. Human Services Contract Renewals 5. Approve Exempt Permit for Dunvilla Lions for an Event on February 1, 2018, at Dunn Town Hall 6. Reappointment of Board of Adjustment Members 7. Approve Tobacco License for B&D Foods, Inc., Lakeland General Store, Larry’s Super Market, & Underwood Oil, Inc. Proposed EcoCenter – Eagle Lake Township Senior Fellow of Sustainability Teaching Specialist Les Bensch provided documents of a proposed University of Minnesota, Morris EcoCenter. The goal of the EcoCenter is to create an outdoor learning venue for education, research and creative activities from biology to creative writing. The proposed location is in the heart of the west central region of Minnesota in Eagle Lake Township. The property includes rivers, lakes, prairie grasses, farmland, hunting land and wetlands. Mr. Bensch spoke in opposition of the proposed building for the center because of the cost and the location. He is concerned that the location could affect a nearby wetland. Bud Nornes, a member of the State Higher Education Committee, was present and expressed the need for more exposure of the project to create discussion with the University of Minnesota for a better project. Land & Resource Director Bill Kalar indicated that the project would require environmental review by the County prior to construction which will be the County’s opportunity to review the project. COMMISSIONERS SALARY AND BENEFITS Otter Tail County Resolution No. 2017 - 82 Commissioner Lindquist offered the following and moved its adoption: WHEREAS, Minnesota Statutes 375.055 provides that County Commissioners may receive per diem payments of $75.00 and reimbursement for necessary expenses incurred in performance of the duties of the office and shall receive compensation of annual salaries, as set by resolution of the County Board; and WHEREAS, the current annual salary for Otter Tail County Commissioners is $37,003.20 effective January 1, 2017; and OTC Board of Commissioners’ Minutes December 12, 2017 Page 2 NOW, BE IT RESOLVED, that the annual salary for Otter Tail County Commissioners shall be established as $38,105.60 effective January 1, 2018, which reflects a 3% Cost-of-Living Adjustment similar to increases received by other employee groups. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the annual employer contribution for benefits for CY2018 will be set at $1,250.00 per month, similar to increases received by other employee groups. Commissioner Froemming seconded the motion and YEAS and NAYS are as follows: Board Members - For Against Absent Doug Huebsch X Wayne D. Johnson X John Lindquist X Roger Froemming X Leland R Rogness X Adopted at Fergus Falls, Minnesota, this 12th day of December 2017. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Doug Huebsch, Chair John Dinsmore, Clerk Memorandum of Understanding Motion by Rogness, second by Lindquist and unanimously carried to approve the appropriate County Officials signatures to execute a Memorandum of Understanding between Otter Tail County and Law Enforcement Labor Services (LELS), Local No. 396, to protect the position and rights of the Chief Deputy. Purchase of Service Agreement Motion by Rogness, second by Froemming and unanimously carried to approve the appropriate County Officials signatures to execute an Agreement between the County of Otter Tail and Lakeland Mental Health Center (LMHC) for court ordered evaluation services for the period of January 1, 2018 to December 31, 2018. Otter Tail County Buffer Ordinance Motion by Lindquist and second by Froemming to approve the Otter Tail County Buffer Ordinance effective January 1, 2018, subject to approval by the Minnesota Board of Water & Soil Resource (BWSR) and summary publication in the local newspaper. The motion was passed as follows: Board Members - For Against Absent Doug Huebsch X Wayne D. Johnson X John Lindquist X Roger Froemming X Leland R Rogness X ACCEPTING DEDICATED DONATION TO OTTER TAIL COUNTY SHERIFF’S OFFICE Otter Tail County Resolution No. 2017 - 84 WHEREAS, the Ottertail Lions Club has offered to donate $3,000 to the County of Otter Tail on behalf of the Otter Tail County Sheriff’s Office; and OTC Board of Commissioners’ Minutes December 12, 2017 Page 3 WHEREAS, Minnesota Statute §465.03 requires the County to accept the gift by resolution expressed in terms prescribed by the donor in full; and WHEREAS, the donation will be used for Improved First Aid Kits (IFAK) for licensed officers in Otter Tail County; and WHEREAS, the acceptance of the donation in accordance with the donor’s terms is in the best interest of the County of Otter Tail. NOW, THEREFORE, BE IT RESOLVED that the Otter Tail County Board of Commissioners does accept the above-described donation of property from Ottertail Lions, and extends its grateful appreciation. Upon the motion of Commissioner Froemming, seconded by Commissioner Rogness and passed on a 4-0 vote with Commissioner Johnson absent, the above resolution is hereby adopted by the Otter Tail County Board of Commissioners. Adopted this 12th day of December 2017 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: _____________________ By: __________________________________ Attest: _________________________ Doug Huebsch, Chair John Dinsmore, Clerk Fisherman’s Village Resort Dave Thompson, Owner of Fisherman’s Village Resort spoke to the Board regarding his resort and size of his bedrooms and correspondence he had received from the Public Health Department. Lengthy discussion took place. Motion by Froemming, second by Lindquist and unanimously carried to accept the amended, edited letter submitted by the Public Health Director on December 11, 2017. Ms. Thorson will finalize the letter and send a copy to Mr. Thompson. National Incident-Based Reporting System (NIBRS) Amendment Motion by Rogness, second by Froemming and unanimously carried to authorize the appropriate County Officials signatures to execute NIBRS Amendment 1 to Contract #124303 which extends the agreement to March 31, 2018. Highway Projects CSAH 15 Bridge Replacement: Motion by Rogness, second by Lindquist and unanimously carried to authorize the appropriate County Officials signatures to execute Amendment 1 to the Engineer-Owner Agreement between the County of Otter Tail and Kadrmas, Lee & Jackson, Inc. for CSAH 15 bridge design and preparation at a total cost of $85,000. Recommendation for Award – CSAH 1 Reconstruction: Motion by Rogness, second by Froemming and unanimously carried to award S.A.P. 056-601-054 to Storm Right of Way Solutions, in the amount of $36,300.00 plus appraisals not to exceed $1,500.00 and review appraisals not to exceed $500.00, as recommended by the Public Works Director. This project is a reconstruction of CSAH 1 from CSAH 10 to CSAH 35. OTC Board of Commissioners’ Minutes December 12, 2017 Page 4 Phelps Mill Dam Modifications: Public Works Director Rick West presented an Engineering Agreement for Task 1 – Final Planning Phase for the Phelps Mill Dam Modifications project between Otter Tail County and Houston Engineering, Inc. Discussion took place regarding project alternatives, grant dollars, and comments from the public meetings facilitated by the State regarding this project. Commissioners expressed concern about the foundation of the historical Mill building and the lack of funding from the State DNR to help with the building foundation repairs which should be completed at the same time as the dam project. Motion by Froemming, second by Lindquist and unanimously carried to defer the conversation regarding the Phelps Mill Dam Modifications project. No action was taken regarding the proposed Engineering Agreement with Houston Engineering. Reduction in Retainage – S.A.P. 056-638-007: The Public Works Director requested reduction in retainage for Riley Bros. Construction, Inc. for the CSAH 38 Reconstruction project. Discussion followed. Motion by Froemming to approve a reduction in retainage for S.A.P. 056-638-007 from 5% to 3%. The motion failed for lack of a second. AGENCY AGREEMENT NO. 1030056 FOR FEDERAL PARTICIPATION IN CONSTRUCTION Otter Tail County Resolution No. 2017 - 83 BE IT RESOLVED, that pursuant to Minnesota Statutes Section 161.36, the Commissioner of Transportation be appointed as Agent of the County of Otter Tail to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. BE IT FURTHER RESOLVED, the County Board Chair and the County Board Clerk are hereby authorized and directed for and on behalf of the County of Otter Tail to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in ”Minnesota Department of Transportation Agency Agreement No. 1030056”, a copy of which said agreement was before the County Board and which is made a part hereof by reference. Adopted at Fergus Falls, Minnesota, this 12th day of December 2017 Upon the motion of Commissioner Rogness, seconded by Commissioner Lindquist and passed on a 4-0 vote with Commissioner Johnson absent, the above resolution is hereby adopted by the Otter Tail County Board of Commissioners. Adopted this 12th day of December 2017 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: _____________________ By: __________________________________ Attest: _________________________ Doug Huebsch, Chair John Dinsmore, Clerk County Drainage Systems Ditch #2: Motion by Froemming, second by Lindquist and unanimously carried to approve the Order Denying Abandonment in the matter of County Ditch #2, as presented by the County Attorney. Ditch #52 & Ditch #17: Motion by Lindquist, second by Rogness and unanimously carried to approve the Order for Redetermination of Benefits in the matter of County Ditch #52 and in the matter of County Ditch #17. OTC Board of Commissioners’ Minutes December 12, 2017 Page 5 County Board Meeting Schedule for 2018 Motion by Rogness, second by Froemming and unanimously carried to approve the following 2018 Board schedule: 2018 Meeting Schedule CY 2018 Month County Board Meeting Date County Board Start Time January 2, 9, 23 9:30 a.m. February 6, 13, 27 9:30 a.m. March 6, 13, 27 9:30 a.m. April 10, 24 9:30 a.m. May 1, 8, 22 9:30 a.m. June 5, 12, 26 8:30 a.m. - End @ noon July 10, 24 8:30 a.m. - End @ noon August 7, 14, 28 8:30 a.m. - End @ noon September 4, *12, 25 9:30 a.m. October 2, 9, 23 9:30 a.m. November 6, 13, 27 9:30 a.m. December 11, 18 9:30 a.m. *The 2nd week in September Board meeting is a Wednesday and will be in Clitherall to commemorate the 150th anniversary of the first official meeting held in 1868 in Clitherall. Adjournment At 4:40 p.m. Chair Huebsch declared the meeting of the Otter Tail County Board of Commissioners adjourned until 9:30 a.m. on Tuesday, December 19, 2017. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: By: Attest: Doug Huebsch, Chair John Dinsmore, Clerk CB/kd OTC Board of Commissioners’ Minutes December 12, 2017 Exhibit A, Page 1 WARRANTS FOR 12/12/2017 OTC Board of Commissioners’ Minutes December 12, 2017 Exhibit A, Page 2 OTC Board of Commissioners’ Minutes December 12, 2017 Exhibit A, Page 3 OTC Board of Commissioners’ Minutes December 12, 2017 Exhibit A, Page 4 OTC Board of Commissioners’ Minutes December 12, 2017 Exhibit A, Page 5 OTC Board of Commissioners’ Minutes December 12, 2017 Exhibit A, Page 6 csteinba COMMISSIONER'S VOUCHERS ENTRIES Paid on Behalf Of Name Explode Dist. Formulas?: 12/14/17 Otter Tail County Auditor Audit List for Board Page 1 Print List in Order By: Save Report Options?: Type of Audit List: on Audit List?: N Y D 4 N D - Detailed Audit List S - Condensed Audit List 1 - Fund (Page Break by Fund) 2 - Department (Totals by Dept) 3 - Vendor Number 4 - Vendor Name 2:47PM csteinba COMMISSIONER'S VOUCHERS ENTRIESRoad And Bridge Fund Account/Formula ALL AMERICA PRESSURE WASHER MFG INC 1LMR-QWJ6-GG6R Copyright 2010-2017 Integrated Financial Systems 2:47PM12/14/17 5,500.00 599.73 10,546.62 4,115.00 236.85 1,013.32 26.75 193.67 5,500.00 599.73 10,546.62 4,115.00 236.85 62.50 141.82 809.00 26.75 119.47 59.43 14.77 Page 2Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 14502 AA CONTAINER SALES, INC 10-304-000-0000-6572 20' SHIPPING CONTAINERS Repair And Maintenance Supplies 1 Transactions14502 7588 ALEX RUBBISH & RECYCLING 50-000-000-0140-6290 ACCT 1478400 2075549 Contracted Services. 1 Transactions7588 7976 ALEXANDRIA CONCRETE CO 10-302-000-0000-6505 SAND Aggregates 1 Transactions7976 12434 10-304-000-0000-6572 SUPPLIES Repair And Maintenance Supplies 1 Transactions12434 8803 ALLEN'S AUTO BODY & TOWING 01-201-000-0000-6396 TOW CF 17034298 10/15/17 644436 Special Investigation 1 Transactions8803 14386 AMAZON CAPITAL SERVICES, INC 01-061-000-0000-6406 A2RJVV5AA0WI1P CONNECTOR CABLE 1CJ6-RL3W-T7CG Office Supplies 01-061-000-0000-6406 A2RJVV5AA0WI1P SCREEN FILTERS 1L99-TK9V-YY6D Office Supplies 14-214-000-0000-6689 A2RJVV5AA0WI1P SURFACE BOOK Prior Year Accumulations-911 3 Transactions14386 8 AMERICAN INSTITUTIONAL SUPPLY CO 01-250-000-0000-6453 OTTERTAILCOU001 CHESS GAME INV0000033544 Programming Supplies 1 Transactions8 765 AMERICAN WELDING & GAS INC 01-201-000-0000-6491 ACCT AA822 CYL/OXYGEN 05175517 General Supplies 01-201-000-0000-6491 ACCT AA822 OXYGEN 05175598 General Supplies 10-304-000-0000-6572 SUPPLIES Repair And Maintenance Supplies 3 Transactions765 13620 AMERIPRIDE SERVICES INC ALL AMERICA PRESSURE WASHER MFG INC Otter Tail County Auditor AA CONTAINER SALES, INC ALEX RUBBISH & RECYCLING ALEXANDRIA CONCRETE CO ALLEN'S AUTO BODY & TOWING AMAZON CAPITAL SERVICES, INC AMERICAN INSTITUTIONAL SUPPLY CO AMERICAN WELDING & GAS INC csteinba COMMISSIONER'S VOUCHERS ENTRIESRoad And Bridge Fund Account/Formula Copyright 2010-2017 Integrated Financial Systems 2:47PM12/14/17 947.50 302.51 1,925.00 1,231.99 82.32 42.10 905.68 10.48 8.38 22.96 302.51 750.00 400.00 375.00 180.00 220.00 545.43 485.57 200.99 82.32 42.10 26.00 Page 3Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 10-304-000-0000-6526 CLOTHES Uniforms 50-000-000-0000-6290 ACCT 160002035 1601549820 Contracted Services 50-390-000-0000-6290 ACCT 160002035 1601549820 Contracted Services. 50-399-000-0000-6290 ACCT 160002035 1601549820 Contracted Services. 4 Transactions13620 13309 AMUNDSON PETERSON INC 10-304-000-0000-6572 PARTS Repair And Maintenance Supplies 1 Transactions13309 30171 ASSOCIATION OF MN COUNTIES 01-002-000-0000-6242 ACCT 56 ANNUAL CONFERENCE 48421 Registration Fees 01-031-000-0000-6242 ACCT 56 ANNUAL CONFERENCE 48421 Registration Fees DINSMORE/JOHN33415 01-280-000-0000-6242 ACCT 56 ANNUAL CONFERENCE 48421 Registration Fees WALETZKO/PATRICK11184 11-420-601-0000-6242 ACCT 56 ANNUAL CONFERENCE 48421 Registrations SJOSTROM/DEBORAH48406 11-430-700-0000-6242 ACCT 56 ANNUAL CONFERENCE 48421 Registrations SJOSTROM/DEBORAH48406 5 Transactions30171 102 AUTO VALUE FERGUS FALLS 10-304-000-0000-6572 SUPPLIES & PARTS Repair And Maintenance Supplies 10-304-000-0000-6572 PARTS Repair And Maintenance Supplies 10-304-000-0000-6572 BATTERY Repair And Maintenance Supplies 3 Transactions102 410 AUTO VALUE PERHAM 10-304-000-0000-6572 PARTS Repair And Maintenance Supplies 1 Transactions410 31037 BECKER CO SHERIFF 01-091-000-0000-6369 SERVICE - W WESTERLUND 11/21 IN201701702 Miscellaneous Charges 1 Transactions31037 1755 BEN HOLZER UNLIMITED 50-000-000-0110-6290 DRINKING WATER 65261 Contracted Services. Otter Tail County Auditor AMERIPRIDE SERVICES INC AMUNDSON PETERSON INC ASSOCIATION OF MN COUNTIES AUTO VALUE FERGUS FALLS AUTO VALUE PERHAM BECKER CO SHERIFF csteinba COMMISSIONER'S VOUCHERS ENTRIESSolid Waste Fund Account/Formula Copyright 2010-2017 Integrated Financial Systems 2:47PM12/14/17 26.00 1,375.00 225.00 170.55 4,735.00 277.72 36,573.59 125.00 175.00 75.00 250.00 175.00 575.00 225.00 12.00 158.55 4,735.00 147.98 129.74 36,573.59 122.00 133.40 Page 4Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 1 Transactions1755 31803 BEYER BODY SHOP INC 01-201-000-0000-6396 TOW CF 17035343 10/25/17 12885 Special Investigation 01-201-000-0000-6396 TOW CF 17038465 11/22/17 13251 Special Investigation 01-201-000-0000-6304 TOW UNIT 1007 10/23/17 27270 Repair And Maintenance 01-201-000-0000-6396 TOW CF 17034298 11/14/17 27334 Special Investigation 01-201-000-0000-6396 TOW CF 17036319 11/3/17 27614 Special Investigation 01-201-000-0000-6396 TOW CF 17038797 11/26/17 27629 Special Investigation 6 Transactions31803 24 BRANDON COMMUNICATIONS INC 01-201-000-0000-6315 ACCT O2750 RADIO REPAIRS INV21442 Radio Repair Charges 1 Transactions24 13655 BRATVOLD/JONATHON 10-302-000-0000-6331 MEALS Meals And Lodging 10-304-000-0000-6565 DIESEL FUEL Fuels - Diesel 2 Transactions13655 9528 BRIAN M RIPLEY EXCAVATING 10-302-000-0000-6350 SERVICE Maintenance Contractor 1 Transactions9528 3423 BUY-MOR PARTS & SERVICE LLC 10-304-000-0000-6572 TIRES Repair And Maintenance Supplies 50-399-000-0000-6304 ACCT 100331 AXLE #4L PIGGYBACK 045879 Repair And Maint-Vehicles 2 Transactions3423 8027 CARGILL INCORPORATED 10-302-000-0000-6514 SALT Salt 1 Transactions8027 1227 CARR'S TREE SERVICE 10-302-000-0000-6500 SUPPLIES Supplies 10-304-000-0000-6572 SUPPLIES Repair And Maintenance Supplies Otter Tail County Auditor BEN HOLZER UNLIMITED BEYER BODY SHOP INC BRANDON COMMUNICATIONS INC BRATVOLD/JONATHON BRIAN M RIPLEY EXCAVATING BUY-MOR PARTS & SERVICE LLC CARGILL INCORPORATED csteinba COMMISSIONER'S VOUCHERS ENTRIESRoad And Bridge Fund Account/Formula Copyright 2010-2017 Integrated Financial Systems 2:47PM12/14/17 255.40 29.50 59.42 45.26 106.16 1,325.52 275.81 6,581.41 29.50 59.42 45.26 42.96 63.20 1,325.52 275.81 235.24 1,091.23 2,534.50 2,534.50 185.94 600.00 Page 5Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 2 Transactions1227 32309 CASS CO SHERIFF-ND 01-091-000-0000-6369 SERVICE - C. DUMAHS 11/29/17 17007399 Miscellaneous Charges 1 Transactions32309 8930 CERTIFIED AUTO REPAIR 10-304-000-0000-6306 SERVICE Repair/Maint. Equip 1 Transactions8930 6958 CHS FERGUS FALLS EAST AGRONOMY 01-250-000-0000-6399 ACCT 181339 1QT TORDON RTU EJ2-IC0660 Sentence To Serve 1 Transactions6958 5580 CITIZENS ADVOCATE 01-002-000-0000-6240 NOTICE OF INTENT AD 11/14 15550 Publishing & Advertising 01-043-000-0000-6240 FARM PROPERTY TAX AD 15550 Publishing & Advertising 2 Transactions5580 304 CLAY CO AUDITOR TREASURER 10-306-000-0000-6535 SPECIAL AID Aid To Other Governments 1 Transactions304 9688 CLEAN PLUS INC 01-250-000-0000-6491 EMSOTTERTAILJAIMN GLOVES 1712026 Jail Supplies 1 Transactions9688 9087 CODE 4 SERVICES LLC 01-201-000-0000-6304 10 AMP DUAL BATTERY CHARGER 3726 Repair And Maintenance 01-201-000-0000-6395 SUPER-LED SPOTLIGHTS 3729 Dive Team 01-201-000-0000-6315 UNIT 1709 INITIAL UP-FIT 3736 Radio Repair Charges 01-201-000-0000-6315 UNIT 1710 INITIAL UP-FIT 3737 Radio Repair Charges 10-304-000-0000-6572 PARTS Repair And Maintenance Supplies 5 Transactions9087 608 COMMISSIONER OF TRANSPORTATION 10-302-000-0000-6369 TRAINING Miscellaneous Charges Otter Tail County Auditor CARR'S TREE SERVICE CASS CO SHERIFF-ND CERTIFIED AUTO REPAIR CHS FERGUS FALLS EAST AGRONOMY CITIZENS ADVOCATE CLAY CO AUDITOR TREASURER CLEAN PLUS INC CODE 4 SERVICES LLC csteinba COMMISSIONER'S VOUCHERS ENTRIESRoad And Bridge Fund Account/Formula Copyright 2010-2017 Integrated Financial Systems 2:47PM12/14/17 7,899.98 43.00 10,170.00 9,710.18 350.00 7,295.94 4.04 43.00 7,944.00 2,226.00 12.18 104.57 41.21 75.67 14.76 2,600.63 1,592.00 113.39 117.14 399.00 808.00 72.89 2,467.00 1,291.74 350.00 26.25 30.50 Page 6Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 10-303-000-0000-6278 TESTING Engineering & Hydrological Testing 10-303-000-0000-6501 SUPPLIES Engineering And Surveying Supplies 3 Transactions608 32659 COMPANION ANIMAL HOSPITAL 01-201-000-0000-6408 ACCT 4931 DOG FOOD FOR MOJO 125793 Canine Supplies 1 Transactions32659 32672 COMSTOCK CONSTRUCTION OF MN 01-112-101-0000-6673 OTCGS JAIL CORRIDOR CEILING 113604 Remodeling Project-Ct House 01-112-101-0000-6673 OTCGS BALLISTIC PANEL PROJECT 113605 Remodeling Project-Ct House 2 Transactions32672 32603 COOPERS TECHNOLOGY GROUP 01-002-000-0000-6406 ACCT 2189988076 SUPPLIES 423605 Office Supplies 01-031-000-0000-6406 ACCT 2189988420 SUPPLIES 423558 Office Supplies 01-031-000-0000-6406 ACCT 2189988076 SUPPLIES 423605 Office Supplies 01-041-000-0000-6406 ACCT 2189988030 SUPPLIES 423561 Office Supplies 01-043-000-0000-6406 ACCT 2189988030 SUPPLIES 423575 Office Supplies 01-061-000-0000-6263 ACCT 2189988122 PANEL SYSTEM 423520 Labor Installation 01-112-000-0000-6677 ACCT 2189988050 FOLDING TABLES 423468 Office Furniture And Equipment-Minor 01-122-000-0000-6406 ACCT 2189988122 INK 04654 Office Supplies 01-149-000-0000-6406 ACCT 2189988420 BUSINESS CARDS 423558 Office Supplies 01-201-000-0000-6677 ACCT 2189988555 CHAIR 423628 Office Furniture And Equipment-Minor 01-250-000-0000-6677 ACCT 2189988556 CHAIR/STATION 423502 Office Furniture And Equipment-Minor 01-250-000-0000-6406 ACCT 2189988556 SUPPLIES 423512 Office Supplies 10-301-000-0000-6406 SUPPLIES Office Supplies 10-304-000-0000-6406 SUPPLIES Office Supplies 14 Transactions32603 5407 CULLIGAN 50-000-000-0170-6487 ACCT 32052 COOLER NOV2017 Tools & Minor Equipment 1 Transactions5407 2364 CULLIGAN OF WADENA 10-304-000-0000-6252 DRINKING WATER Water And Sewage 50-000-000-0120-6290 ACCT 267-03388972-1 11/30/17 Contracted Services. Otter Tail County Auditor COMMISSIONER OF TRANSPORTATION COMPANION ANIMAL HOSPITAL COMSTOCK CONSTRUCTION OF MN COOPERS TECHNOLOGY GROUP CULLIGAN csteinba COMMISSIONER'S VOUCHERS ENTRIESSolid Waste Fund Account/Formula ENVIRONMENTAL SENTRY PROTECTION LLC Copyright 2010-2017 Integrated Financial Systems 2:47PM12/14/17 56.75 275.00 858.00 130.56 74.58 228.15 79.91 205.66 258.34 275.00 858.00 130.56 16.65 57.93 228.15 79.91 205.66 228.34 30.00 Page 7Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 2 Transactions2364 9018 D & T VENTURES LLC 01-061-000-0000-6202 ESS PAYROLL SUPPORT 298370 County Website 1 Transactions9018 14597 DAILEY ELECTRIC LLC 50-000-000-0130-6306 PUMP/STARTER/HEAT SHRINKS 12/7/17 Repair/Maint. Equip 1 Transactions14597 35011 DAILY JOURNAL/THE 22-622-000-0652-6369 ACCT 3658 DITCH 52 MTG AD 361616 Miscellaneous Charges 1 Transactions35011 1496 DAN'S TOWING & REPAIR 01-201-000-0000-6304 REPLACE FOG LAMP 41224 Repair And Maintenance 01-201-000-0000-6304 UNIT 1602 OIL CHG/AIR FILTER 41710 Repair And Maintenance 2 Transactions1496 1261 DENZEL'S REGION WASTE INC 10-304-000-0000-6253 WASTE DISPOSAL Garbage 1 Transactions1261 10250 DIGI-KEY ELECTRONICS 2985686 01-112-108-0000-6572 ACCT 2985686 12VA CHAS MOUNT 60503103 Repair And Maintenance Supplies 1 Transactions10250 13965 DOLL/CARLA 01-201-000-0000-6526 PANTS/BAG/BELT 12/5/17 Uniforms 1 Transactions13965 1989 ELDIEN/MICHELLE M 01-091-000-0000-6330 MILEAGE - OFFICE TRAINING/MCAA 12/19/17 Mileage 01-091-000-0000-6331 MEALS - CROW WING/MCAA 12/19/17 Meals And Lodging 2 Transactions1989 13651 Otter Tail County Auditor CULLIGAN OF WADENA D & T VENTURES LLC DAILEY ELECTRIC LLC DAILY JOURNAL/THE DAN'S TOWING & REPAIR DENZEL'S REGION WASTE INC DIGI-KEY ELECTRONICS 2985686 DOLL/CARLA ELDIEN/MICHELLE M csteinba COMMISSIONER'S VOUCHERS ENTRIESGeneral Fund Dedicated Accounts Account/Formula Copyright 2010-2017 Integrated Financial Systems 2:47PM12/14/17 10,922.07 2,157.10 301.32 49.29 100.00 112.63 5,446.85 10,922.07 2,157.10 294.34 6.98 34.40 14.89 20.00 80.00 112.63 1,121.00 4,325.85 55.60 8,225.28 111.20 76.45 69.50 Page 8Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 02-612-000-0000-6369 50% ANNUAL OPS 13 I-LIDS 1092 Miscellaneous Charges 1 Transactions13651 35594 FARMERS CO OP OIL ASSN 10-304-000-0000-6251 PROPANE Gas And Oil - Utility 1 Transactions35594 373 FARNAM'S GENUINE PARTS INC 10-304-000-0000-6572 PARTS Repair And Maintenance Supplies 10-304-000-0000-6572 PARTS & SUPPLIES Repair And Maintenance Supplies 2 Transactions373 2997 FASTENAL COMPANY 10-302-000-0000-6572 PARTS Repair And Maintenance Supplies 10-304-000-0000-6572 SUPPLIES Repair And Maintenance Supplies 2 Transactions2997 35018 FERGUS TIRE CENTER 01-122-000-0000-6304 ACCT 2459 TIRE REPAIR 339998 Repair And Maintenance 01-250-000-0000-6304 TIRE REPAIR/SIPING 340383 Repair And Maintenance 2 Transactions35018 14379 FIELD/CRISTI 10-304-000-0000-6526 JACKETS Uniforms 1 Transactions14379 6011 FIRST CARE TACTICAL LLC 01-201-000-0000-6385 10 IFAK LITE KITS 1121 Entry Team Srt 01-201-000-0000-6492 39 IFAK LITE KITS 1122 Police Equipment 2 Transactions6011 14517 FORUM COMMUNICATIONS COMPANY 01-002-000-0000-6240 ACCT 46896 BUFFER ORDINANCE 1937279 Publishing & Advertising 01-041-000-0000-6240 ACCT 46896 2017 FINANCIAL STMT 1937279 Publishing & Advertising 01-043-000-0000-6240 ACCT 46896 FARM PROPERTY TAX 1937279 Publishing & Advertising 01-044-000-0000-6240 ACCT 176140 HOMESTEAD TAX 1937273 Publishing & Advertising 01-123-000-0000-6240 ACCT 46896 PUBLIC MTG NOTICE 1937279 Publishing & Advertising ENVIRONMENTAL SENTRY PROTECTION LLC Otter Tail County Auditor FARMERS CO OP OIL ASSN FARNAM'S GENUINE PARTS INC FASTENAL COMPANY FERGUS TIRE CENTER FIELD/CRISTI FIRST CARE TACTICAL LLC csteinba COMMISSIONER'S VOUCHERS ENTRIESGeneral Revenue Fund Account/Formula - - - Copyright 2010-2017 Integrated Financial Systems 2:47PM12/14/17 8,538.03 986.13 87.84 80.00 250.00 250.00 20.44 18.90 158.79 36.52 289.42 4.00 42.91 104.99 104.99 156.00 369.99 75.00 12.84 75.00 5.00 250.00 250.00 Page 9Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 5 Transactions14517 392 GALLS LLC 01-201-000-0000-6526 ACCT 5290418 BLACKHAWK ARC 008439121 Uniforms 01-201-000-0000-6526 ACCT 5290418 BLACKHAWK ARC 008622107 Uniforms 01-201-000-0000-6526 ACCT 5290418 BOOTS & BELT 008717947 Uniforms 01-201-000-0000-6526 ACCT 5290418 LOCKING HOLSTER 008753733 Uniforms 01-201-000-0000-6526 ACCT 5290418 UNIFORM SUPPLIES 008797484 Uniforms SEIM/GREG4026 01-201-000-0000-6526 ACCT 5290418 BELT BUCKLE 008813453 Uniforms SEIM/GREG4026 01-201-000-0000-6526 ACCT 5290418 KEY/TIE TAC/BAND 008821754 Uniforms 01-250-000-0000-6526 ACCT 5287917 BOOTS 008757270 Uniforms 01-250-000-0000-6526 ACCT 5287917 BOOTS 008816692 Uniforms 01-250-000-0000-6526 ACCT 5287917 FLASHLIGHT/BELT 008823529 Uniforms 01-250-000-0000-6526 ACCT 5287917 HD TORCH 008869290 Uniforms 11 Transactions392 7611 GIBBS/ANN 01-605-000-0000-6140 PER DIEM 12/6/17 Per Diem 01-605-000-0000-6330 MILEAGE 12/6/17 Mileage 2 Transactions7611 11506 GILL/DONNA 01-605-000-0000-6140 PER DIEM 12/6/17 Per Diem 01-605-000-0000-6331 MEAL 12/6/17 Meals And Lodging 2 Transactions11506 5324 GIRL SCOUT TROOP 30027 50-000-000-0000-6848 DALTON CANISTER 2017 201701 Public Education 1 Transactions5324 5330 GIRL SCOUT TROOP 30210 50-000-000-0000-6848 ERHARD CANISTER 2017 201702 Public Education 1 Transactions5330 8560 GOERDT/STEPHEN Otter Tail County Auditor FORUM COMMUNICATIONS COMPANY GALLS LLC GIBBS/ANN GILL/DONNA GIRL SCOUT TROOP 30027 GIRL SCOUT TROOP 30210 csteinba COMMISSIONER'S VOUCHERS ENTRIESRoad And Bridge Fund Account/Formula Copyright 2010-2017 Integrated Financial Systems 2:47PM12/14/17 12.00 2,250.00 1,560.00 237.00 451.48 115.99 122.72 64.37 378.25 12.00 500.00 1,750.00 1,560.00 237.00 451.48 115.99 122.72 64.37 378.25 Page 10Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 10-302-000-0000-6331 MEALS Meals And Lodging 1 Transactions8560 14439 GOODPOINTE TECHNOLOGY INC 10-302-000-0000-6369 2018 SUPPORT AGREEMENT-SIGNS Miscellaneous Charges 10-303-000-0000-6342 2018 SUPPORT AGREEMENT-PMS/GIS Service Agreements 2 Transactions14439 11754 GRANITE ELECTRONICS 01-201-000-0000-6315 ACCT 03188 TEST/ALIGN RADIOS 150003079-1 Radio Repair Charges 1 Transactions11754 13522 GREATAMERICA FINANCIAL SVCS 01-044-000-0000-6342 AGREE # 010-1212517-000 21744968 Service Agreements 1 Transactions13522 7195 GRIFFIN/PATRICK 01-250-000-0000-6526 COVERALLS & JACKET 11/25/17 Uniforms 1 Transactions7195 2958 HAARSTICK/TROY 50-399-000-0000-6426 STEEL TOE BOOTS 11/24/17 Clothing Allowance 1 Transactions2958 150 HABERER/MARK 01-250-000-0000-6224 MEALS DURING TRANSPORT DEC2017 Prisioner Conveyance 1 Transactions150 977 HAUGE/MARK 10-304-000-0000-6526 JACKET Uniforms 1 Transactions977 1659 HAUSER/DAVID 01-091-000-0000-6330 MILEAGE - AMC/MCAA/DITCH 17 12/19/17 Mileage 1 Transactions1659 985 HENNING HARDWARE Otter Tail County Auditor GOERDT/STEPHEN GOODPOINTE TECHNOLOGY INC GRANITE ELECTRONICS GREATAMERICA FINANCIAL SVCS GRIFFIN/PATRICK HAARSTICK/TROY HABERER/MARK HAUGE/MARK HAUSER/DAVID csteinba COMMISSIONER'S VOUCHERS ENTRIESRoad And Bridge Fund Account/Formula Copyright 2010-2017 Integrated Financial Systems 2:47PM12/14/17 189.34 161.07 1,862.50 234.95 199.60 3,249.11 4,907.93 75.39 43.96 69.99 115.57 45.50 412.50 825.00 625.00 234.95 150.00 49.60 3,249.11 1,400.00 3,507.93 62.00 120.13 Page 11Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 10-304-000-0000-6406 SUPPLIES Office Supplies 10-304-000-0000-6572 PARTS Repair And Maintenance Supplies 10-304-000-0000-6572 SUPPLIES Repair And Maintenance Supplies 3 Transactions985 12130 HERNESMAN BOAT GROUP PERHAM, INC 01-204-000-0000-6304 ACCT 70646 PARTS 101466 Repair And Maintenance 01-204-000-0000-6304 RAYS SPORT PARTS INVOICE 5/26 101629 Repair And Maintenance 2 Transactions12130 6643 HESS EXCAVATING 22-622-000-0612-6369 EXCAVATOR HRS DITCH 12 206 Miscellaneous Charges 22-622-000-0614-6369 EXCAVATOR HRS DITCH 14 206 Miscellaneous Charges 22-622-000-0621-6369 EXCAVATOR HRS DITCH 21 206 Miscellaneous Charges 3 Transactions6643 11887 HOIUM/RICK 10-302-000-0000-6369 SHOES Miscellaneous Charges 1 Transactions11887 13642 HORGEN/JERRY 02-612-000-0000-6140 PER DIEM 12/19/17 Per Diem 02-612-000-0000-6330 MILEAGE 12/19/17 Mileage 2 Transactions13642 3372 HOTSY EQUIPMENT OF MN 10-304-000-0000-6572 SUPPLIES Repair And Maintenance Supplies 1 Transactions3372 8075 HOWELL MUNITIONS & TECHNOLOGY INC 01-201-000-0000-6385 AMMO 12/13/17 65010569 Entry Team Srt 01-201-000-0000-6490 AMMO 12/13/17 65010569 Ammo, Shooting Supplies 2 Transactions8075 70 INDEPENDENT/THE 01-043-000-0000-6240 FARM PROPERTY TAX AD 1711108 Publishing & Advertising 01-044-000-0000-6240 HOMESTEAD TAX NOTICE 1711109 Publishing & Advertising Otter Tail County Auditor HENNING HARDWARE HERNESMAN BOAT GROUP PERHAM, INC HESS EXCAVATING HOIUM/RICK HORGEN/JERRY HOTSY EQUIPMENT OF MN HOWELL MUNITIONS & TECHNOLOGY INC csteinba COMMISSIONER'S VOUCHERS ENTRIESGeneral Revenue Fund Account/Formula Copyright 2010-2017 Integrated Financial Systems 2:47PM12/14/17 182.13 105.00 249.95 425.00 859.91 165.46 11,444.46 105.00 249.95 425.00 41.98 40.79 535.94 191.97 49.23 165.46 175.00 1,028.00 10,045.00 196.46 656.00 Page 12Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 2 Transactions70 1428 INTOXIMETERS INC 01-201-000-0000-6491 ACCT C000MNOTT1 DRYGAS 582272 General Supplies 1 Transactions1428 7773 JANUSZEWSKI/GREGORY 10-304-000-0000-6526 SHOES Uniforms 1 Transactions7773 31145 KARVONEN FUNERAL HOME 01-205-000-0000-6273 BODY TRANSPORT R GERMAIN 117 Coroner Expense 1 Transactions31145 3191 KEEPRS INC 01-201-000-0000-6526 OTTERTAISD CUFF CASE 358600 Uniforms FITZGIBBONS/BARRY3528 01-201-000-0000-6526 OTERTAISD HOLSTER 364049 Uniforms HABERER/DALE MYRON9569 01-250-000-0000-6526 OTTERJAIL BADGE 361583 Uniforms 01-250-000-0000-6526 OTTERJAIL PANTS 364739 Uniforms 01-250-000-0000-6526 OTTERJAIL PANTS 364742 Uniforms 5 Transactions3191 7173 LAKE COUNTRY GRAPHICS INC 01-250-000-0000-6526 SHIRTS & EMBROIDERY 9140 Uniforms 1 Transactions7173 79 LAKE REGION HEALTHCARE 01-205-000-0000-6273 TECH & LAB R GERMAIN 11/28 010984 Coroner Expense 01-205-000-0000-6273 AUTOPSY ASSIST/SECRETARY NOV 010985 Coroner Expense 01-205-000-0000-6273 CORONER SERVICES NOV 2017 010986 Coroner Expense 01-205-000-0000-6273 DRUG TESTS J KNAPP A17-024 011003 Coroner Expense 4 Transactions79 25146 LAKELAND MENTAL HEALTH CENTER 01-091-000-0000-6270 ACCT 301997 CRT HRG PARNT CAP 11/28/17 Misc Professional-Expert Witness Otter Tail County Auditor INDEPENDENT/THE INTOXIMETERS INC JANUSZEWSKI/GREGORY KARVONEN FUNERAL HOME KEEPRS INC LAKE COUNTRY GRAPHICS INC LAKE REGION HEALTHCARE csteinba COMMISSIONER'S VOUCHERS ENTRIESGeneral Revenue Fund Account/Formula Copyright 2010-2017 Integrated Financial Systems 2:47PM12/14/17 656.00 1,001.75 6,750.00 29.95 1,860.00 698.37 294.45 272.50 985.76 15.99 6,750.00 29.95 465.00 465.00 465.00 465.00 698.37 280.45 14.00 272.50 51.92 Page 13Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 1 Transactions25146 10350 LAKES AREA COOPERATIVE 10-304-000-0000-6251 PROPANE Gas And Oil - Utility 10-304-000-0000-6572 SUPPLIES Repair And Maintenance Supplies 2 Transactions10350 41450 LAKES COUNTRY SERVICE CO OP 01-031-000-0000-6276 HEALTH & SAFTEY QTR4 2017 85825 Professional Services 1 Transactions41450 14614 LANDS' END BUSINESS OUTFITTERS 01-201-000-0000-6526 ACCT 3233808 POLO SHIRT SIN5569885 Uniforms 1 Transactions14614 81 LARRY OTT INC TRUCK SERVICE 50-399-000-0000-6290 CARDBOARD 12/1/17 72040 Contracted Services. 50-399-000-0000-6290 CARDBOARD 12/4/17 72054 Contracted Services. 50-399-000-0000-6290 CARDBOARD 12/5/17 72060 Contracted Services. 50-399-000-0000-6290 CARDBOARD 12/8/17 72062 Contracted Services. 4 Transactions81 1020 LAWSON PRODUCTS INC 10-304-000-0000-6572 PARTS Repair And Maintenance Supplies 1 Transactions1020 3063 LIBERTY BUSINESS SYSTEMS FARGO 01-031-000-0000-6342 ACCT OT22 312151 Service Agreements 10-304-000-0000-6342 SERVICE AGREEMENT Service Agreements 2 Transactions3063 5837 LITTLE BEAR TOWING 01-201-000-0000-6396 TOW CF 17038622 11/24/17 7923 Special Investigation 1 Transactions5837 41638 LOCATORS & SUPPLIES INC 10-302-000-0000-6572 PARTS Repair And Maintenance Supplies Otter Tail County Auditor LAKELAND MENTAL HEALTH CENTER LAKES AREA COOPERATIVE LAKES COUNTRY SERVICE CO OP LANDS' END BUSINESS OUTFITTERS LARRY OTT INC TRUCK SERVICE LAWSON PRODUCTS INC LIBERTY BUSINESS SYSTEMS FARGO LITTLE BEAR TOWING csteinba COMMISSIONER'S VOUCHERS ENTRIESRoad And Bridge Fund Account/Formula Copyright 2010-2017 Integrated Financial Systems 2:47PM12/14/17 461.71 70.00 1,496.58 1,091.12 16,799.23 11.84 198.10 178.84 187.98 42.97 70.00 1,320.00 176.58 162.28 661.86 266.98 10,400.00 6,399.23 3.16 8.68 198.10 949.00 Page 14Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 10-304-000-0000-6406 SUPPLIES Office Supplies 10-304-000-0000-6572 PARTS & SUPPLIES Repair And Maintenance Supplies 50-399-000-0000-6453 ACCT 23-52F1 MUFFS/LOCFER T 0262352-IN Ppe & Safety Equip.&Supplies 4 Transactions41638 6934 LONG WEEKEND SPORTSWEAR 01-201-000-0000-6526 PULLOVER SHIRTS 16989 Uniforms BRASEL/RYAN10519 1 Transactions6934 511 M-R SIGN COMPANY INC. 10-302-000-0000-6515 SUPPLIES Signs And Posts 10-303-000-0000-6501 SUPPLIES Engineering And Surveying Supplies 2 Transactions511 36132 MARCO INC ST LOUIS 01-122-000-0000-6342 ACCT 35700038 CN 500-0491119 344678594 Service Agreements 01-201-000-0000-6340 ACCT 35700038 CN 500-0397774 346122617 Office Equipment Rental & Maint. 01-250-000-0000-6342 ACCT 35700038 CN 500-0461307 345659817 Service Agreements 3 Transactions36132 2721 MARCO TECHNOLOGIES LLC 01-061-000-0000-6686 ACCT OT00 ZIXPORT/ZIXGATEWAY 4791170 Computer Software 01-061-000-0000-6342 ACCT OT00 CN115529-02 INV4794655 Service Agreements 2 Transactions2721 9930 MARKS FLEET SUPPLY INC 10-304-000-0000-6572 PARTS Repair And Maintenance Supplies 50-000-000-0130-6300 ACCT 984898 VACUUM BAG 066275/1 Building And Grounds Maintenance 2 Transactions9930 88 MATTHEW BENDER & COMPANY INC 13-012-000-0000-6455 ACCT 0396506001 CIVIL PRACTICE 98276867 Reference Books & Literature 1 Transactions88 14226 MCI CARPET ONE FLOOR & HOME 01-112-108-0000-6572 INSTALL SHADES CG701586 Repair And Maintenance Supplies Otter Tail County Auditor LOCATORS & SUPPLIES INC LONG WEEKEND SPORTSWEAR M-R SIGN COMPANY INC. MARCO INC ST LOUIS MARCO TECHNOLOGIES LLC MARKS FLEET SUPPLY INC MATTHEW BENDER & COMPANY INC csteinba COMMISSIONER'S VOUCHERS ENTRIESGeneral Revenue Fund Account/Formula Copyright 2010-2017 Integrated Financial Systems 2:47PM12/14/17 949.00 82.50 147.76 82.62 30.98 1,274.18 65.13 30.56 82.50 147.76 34.36 48.26 30.98 1,274.18 28.75 36.38 30.56 7.98 4.29 2.40 Page 15Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 1 Transactions14226 10425 MEND CORRECTIONAL CARE 01-250-000-0000-6435 DRUG TESTS 2961 Drug Testing 1 Transactions10425 6806 MID-STATES EQUIPMENT INC 10-304-000-0000-6572 PARTS Repair And Maintenance Supplies 1 Transactions6806 13071 MIDWEST MACHINERY CO 10-304-000-0000-6572 PARTS Repair And Maintenance Supplies 10-304-000-0000-6572 SUPPLIES Repair And Maintenance Supplies 2 Transactions13071 42863 MINNESOTA MOTOR COMPANY 50-000-000-0000-6304 ACCT 9988595 OIL CHANGE 672591 Repair And Maintenance 1 Transactions42863 42745 MN COUNTIES COMPUTER CO-OP 01-061-000-0000-6346 MARSHALL SWIFT CAMA/VALUATION 2Y1711179 Mccc Fees 1 Transactions42745 577 MORTENSON/KURT A 01-091-000-0000-6331 MEALS - M. HAMLINE LAW SCHOOL 10/13/17 Meals And Lodging 01-091-000-0000-6330 MILEAGE - STAFF DEVELOPMENT 11/17/17 Mileage 2 Transactions577 3879 MURDOCK'S ACE HARDWARE 10-304-000-0000-6572 SUPPLIES Repair And Maintenance Supplies 1 Transactions3879 8373 NAPA FERGUS FALLS 01-112-101-0000-6572 ACCT 13040 TERMINAL 700679 Repair And Maintenance Supplies 01-201-000-0000-6304 ACCT 13030 BULB 696088 Repair And Maintenance 01-201-000-0000-6304 ACCT 13030 12V HALOGEN 698329 Repair And Maintenance Otter Tail County Auditor MCI CARPET ONE FLOOR & HOME MEND CORRECTIONAL CARE MID-STATES EQUIPMENT INC MIDWEST MACHINERY CO MINNESOTA MOTOR COMPANY MN COUNTIES COMPUTER CO-OP MORTENSON/KURT A MURDOCK'S ACE HARDWARE csteinba COMMISSIONER'S VOUCHERS ENTRIESGeneral Revenue Fund Account/Formula Copyright 2010-2017 Integrated Financial Systems 2:47PM12/14/17 14.67 255.00 625.00 400.18 18,831.31 5,506.98 116.63 2,200.00 255.00 625.00 400.18 18,831.31 42.96 5,281.92 142.20 39.90 116.63 950.00 1,250.00 318.66 Page 16Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 3 Transactions8373 1972 NDAA 01-091-000-0000-6241 2018 MEMBERSHIP DUES 117437 Membership Dues 1 Transactions1972 7802 NEIGEL FIREARMS 01-201-000-0000-6526 SMITH & WESSON M&P 340 005074 Uniforms PETERSON/PAUL11971 1 Transactions7802 43227 NELSON AUTO CENTER 10-304-000-0000-6306 REPAIR Repair/Maint. Equip 1 Transactions43227 8941 NETWORK CENTER INC 01-061-000-0000-6342 INSTALL CISCO B200 M4 SERVER 12012017 Service Agreements 1 Transactions8941 13242 NEW YORK MILLS DISPATCH 01-002-000-0000-6240 NOTICE OF INTENT AD 11/15 15511 Publishing & Advertising 01-041-000-0000-6240 2016 OTC FINANCIAL STATEMENT 15588 Publishing & Advertising 22-622-000-0617-6369 COUNTY DITCH 17 ADS 15511 Miscellaneous Charges 50-000-000-0000-6240 NYM HOLIDAY HRS AD 11/1/17 15497 Publishing & Advertising 4 Transactions13242 597 NEWBORG/KEVIN 01-061-000-0000-6330 MILEAGE NOV2017 Mileage 1 Transactions597 11384 NEWMAN PAINTING INC 01-112-108-0000-6673 PAINT SOFFET & HR EXTERIOR 4155 Remodeling Projects 01-112-108-0000-6572 PAINT HR ROOMS 12/17 4159 Repair And Maintenance Supplies 2 Transactions11384 6006 NORTHERN SAFETY TECHNOLOGY INC 10-304-000-0000-6572 PARTS Repair And Maintenance Supplies Otter Tail County Auditor NAPA FERGUS FALLS NDAA NEIGEL FIREARMS NELSON AUTO CENTER NETWORK CENTER INC NEW YORK MILLS DISPATCH NEWBORG/KEVIN NEWMAN PAINTING INC csteinba COMMISSIONER'S VOUCHERS ENTRIESRoad And Bridge Fund Account/Formula Copyright 2010-2017 Integrated Financial Systems 2:47PM12/14/17 318.66 580.00 2,100.00 8,700.00 51.12 321.05 2,640.16 113.35 580.00 2,100.00 1,200.00 7,500.00 51.12 321.05 115.13 2,302.64 222.39 113.35 52.73 46,554.54 Page 17Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 1 Transactions6006 1295 NOVA FIRE PROTECTION 50-000-000-0170-6290 ACCT 27883 PRESSURE VALVE 32647 Contracted Services. 1 Transactions1295 4106 OFFICE OF MN.IT SERVICES 01-061-000-0000-6201 ACCT 100A05602 DV17110468 Communication Fees - 1 Transactions4106 6234 OPG-3 INC 01-061-000-0000-6276 CREATE MASTER FILE FOR HR 2230 Professional Services 01-061-000-0000-6276 SPECIAL PROJECTS CONTRACT 2256 Professional Services 2 Transactions6234 10890 OTTER ELECTRIC LLC 50-399-000-0000-6300 SPECIAL ORDER PART MVR400/U 14285 Building And Grounds Maintenance 1 Transactions10890 116 OTTER TAIL CO EMPLOYEES COMMITTEE 01-112-108-0000-6369 LIGHTED TREE FOR GSC BLDG 12/6/17 Miscellaneous Charges 1 Transactions116 126 OTTER TAIL CO TREASURER 01-112-101-0000-6369 17:FOCHE-SC ENGINEERING COST 2017-SC Miscellaneous Charges 14-112-101-0000-6688 17:FOCHE-SC CONTRACT COST 2017-SC Bld Exp Crt House Proper 50-000-000-0000-6290 STEAM SALES AGREEMENT 2218 Contracted Services 3 Transactions126 7250 OTTER TAIL TELCOM 10-304-000-0000-6200 TELEPHONE Telephone 1 Transactions7250 1080 OTTERTAIL AGGREGATE 10-302-000-0000-6505 CLASS 5 Aggregates 10-303-000-0000-6651 CONEY STREET EAST-ST & UTLTY I Construction Contracts Otter Tail County Auditor NORTHERN SAFETY TECHNOLOGY INC NOVA FIRE PROTECTION OFFICE OF MN.IT SERVICES OPG-3 INC OTTER ELECTRIC LLC OTTER TAIL CO EMPLOYEES COMMITTEE OTTER TAIL CO TREASURER OTTER TAIL TELCOM csteinba COMMISSIONER'S VOUCHERS ENTRIESRoad And Bridge Fund Account/Formula PAW PUBLICATIONS LLC BATTLE LAKE REVIEW Copyright 2010-2017 Integrated Financial Systems 2:47PM12/14/17 46,607.27 25,180.52 11.25 770.40 613.25 30.00 49.00 1,188.00 7,139.00 2,564.52 8,689.00 2,800.00 2,800.00 11.25 192.60 288.90 288.90 70.35 74.00 222.00 80.40 166.50 30.00 49.00 Page 18Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 2 Transactions1080 7392 OTTERTAIL TRUCKING INC 50-000-000-0120-6290 HAULING CHARGES 11/27/17 35691 Contracted Services. 50-000-000-0170-6290 HAULING CHARGES 11/27/17 35691 Contracted Services. 50-000-000-0120-6290 HAULING CHARGES 12/1/17 35757 Contracted Services. 50-000-000-0170-6290 HAULING CHARGES 12/1/17 35757 Contracted Services. 50-399-000-0000-6290 HAULING CHARGES 11/29/17 35691 Contracted Services. 50-399-000-0000-6290 HAULING CHARGES 12/3/17 35757 Contracted Services. 6 Transactions7392 45022 PARK REGION CO OP 50-000-000-0150-6565 ACCT 630248 DIESEL 27402 Fuels 1 Transactions45022 156 10-303-000-0000-6240 NOTICE Publishing & Advertising 22-622-000-0652-6369 2 WEEKS DITCH 52 11/1/17 Miscellaneous Charges 22-622-000-0652-6369 2 WEEKS DITCH 52 11/1/17 Miscellaneous Charges 3 Transactions156 45047 PELICAN RAPIDS PRESS 01-002-000-0000-6240 BUFFER ORDINANCE 11/15 71434 Publishing & Advertising 01-043-000-0000-6240 FARM PROPERTY TAX 11/8 71334 Publishing & Advertising 01-044-000-0000-6240 HOMESTEAD TAX 71413 Publishing & Advertising 01-123-000-0000-6240 BOA MTG 11/29 71582 Publishing & Advertising 10-303-000-0000-6240 NOTICE Publishing & Advertising 5 Transactions45047 2951 PERHAM AREA EMS 01-201-000-0000-6171 NARCAN TRAINING 157 Tuition And Education Expenses 1 Transactions2951 45343 PERHAM FOCUS 50-000-000-0000-6379 ACCT 178013957 RENEWAL 12/19/17 Miscellaneous Charges 1 Transactions45343 PAW PUBLICATIONS LLC BATTLE LAKE REVIEW Otter Tail County Auditor OTTERTAIL AGGREGATE OTTERTAIL TRUCKING INC PARK REGION CO OP PELICAN RAPIDS PRESS PERHAM AREA EMS PERHAM FOCUS csteinba COMMISSIONER'S VOUCHERS ENTRIESRoad And Bridge Fund Account/Formula Copyright 2010-2017 Integrated Financial Systems 2:47PM12/14/17 44.48 835.00 45.90 278.68 8.00 12.00 73.17 119.82 4,682.12 44.48 835.00 45.90 278.68 8.00 12.00 73.17 119.82 4,682.12 Page 19Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 45041 PERHAM OFFICE SUPPLY 10-304-000-0000-6406 SUPPLIES Office Supplies 1 Transactions45041 867 PERHAM/CITY OF 10-304-000-0000-6349 RENT Miscellaneous Rentals 1 Transactions867 11290 PHOENIX SUPPLY 01-250-000-0000-6452 BOXERS 13476 Prisioners Clothing Cost 1 Transactions11290 3867 PRAXAIR DISTRIBUTION INC 50-399-000-0000-6565 ACCT 71928252 80209146 Fuels 1 Transactions3867 3730 PREMIUM WATERS INC 50-000-000-0150-6290 ACCT 376004 376004-11-17 Contracted Services. 1 Transactions3730 11059 PRESTON/JASON 10-302-000-0000-6331 MEALS Meals And Lodging 1 Transactions11059 45475 PRO AG FARMERS CO OP 50-000-000-0120-6565 ACCT 988529 FUEL 88030089 Fuels 1 Transactions45475 25082 PRODUCTIVE ALTERNATIVES INC 50-399-000-0000-6290 OTTERTAILRECY01 JANITORIAL INV00054637 Contracted Services. 1 Transactions25082 12260 RAMSEY FLOORING, INC 01-112-108-0000-6673 CARPETING IN HS AREA J1033 Remodeling Projects 1 Transactions12260 9484 RDO EXCH #80-6130 Otter Tail County Auditor PERHAM OFFICE SUPPLY PERHAM/CITY OF PHOENIX SUPPLY PRAXAIR DISTRIBUTION INC PREMIUM WATERS INC PRESTON/JASON PRO AG FARMERS CO OP PRODUCTIVE ALTERNATIVES INC RAMSEY FLOORING, INC csteinba COMMISSIONER'S VOUCHERS ENTRIESRoad And Bridge Fund Account/Formula Copyright 2010-2017 Integrated Financial Systems 2:47PM12/14/17 60,091.00 153.76 96.40 182.82 216.88 2,137.20 75.00 43.07 60,091.00 153.76 75.00 21.40 150.00 27.82 5.00 150.00 66.88 2,137.20 75.00 43.07 75.00 Page 20Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 10-302-000-0000-6675 2017 SUPERIOR BROOM, UNIT #62 Machinery And Automotive Equipment 1 Transactions9484 8622 RDO TRUCK CENTER CO 10-304-000-0000-6572 PARTS Repair And Maintenance Supplies 1 Transactions8622 12946 RETHEMEIER/CAROL 01-605-000-0000-6140 PER DIEM 12/6/17 Per Diem 01-605-000-0000-6330 MILEAGE 12/6/17 Mileage 2 Transactions12946 11507 ROEHL/WILLIS 01-605-000-0000-6140 PER DIEM 12/6/17 Per Diem 01-605-000-0000-6330 MILEAGE 12/6/17 Mileage 01-605-000-0000-6331 MEAL 12/6/17 Meals And Lodging 3 Transactions11507 13859 ROSENTHAL/JACK 01-124-000-0000-6140 PER DIEM 12/19/17 Per Diem 01-124-000-0000-6330 MILEAGE 12/19/17 Mileage 2 Transactions13859 683 ROYAL TIRE INC 50-000-000-0110-6306 ACCT 306280 REPLACE EQUP TIRES 31962175 Repair/Maint. Equip 1 Transactions683 10899 S.W.INC 50-000-000-0120-6857 REFRIGERATOR DISPOSAL 11/29 2294 Appliance Disposal 1 Transactions10899 1500 SCHLUETER/BRIAN 01-201-000-0000-6526 CLIP SIG MAGAZINE 12/3/17 Uniforms 1 Transactions1500 11508 SCHWARTZ/STEVEN 01-605-000-0000-6140 PER DIEM 12/6/17 Per Diem Otter Tail County Auditor RDO EXCH #80-6130 RDO TRUCK CENTER CO RETHEMEIER/CAROL ROEHL/WILLIS ROSENTHAL/JACK ROYAL TIRE INC S.W.INC SCHLUETER/BRIAN csteinba COMMISSIONER'S VOUCHERS ENTRIESGeneral Revenue Fund Account/Formula Copyright 2010-2017 Integrated Financial Systems 2:47PM12/14/17 99.08 9.76 39.26 1,026.00 179.50 197.59 49.27 24.08 9.76 39.26 1,026.00 179.50 150.00 39.59 8.00 49.27 73.52 2,002.96 345.46 67.20 143.56 460.29 716.59 Page 21Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 01-605-000-0000-6330 MILEAGE 12/6/17 Mileage 2 Transactions11508 19005 SERVICE FOOD SUPER VALU 01-002-000-0000-6369 K3210 12DEC17 Miscellaneous Charges 1 Transactions19005 159 SHERWIN WILLIAMS 01-112-000-0000-6572 ACCT 9141-3 PAINT 4762-8 Repair And Maintenance Supplies 1 Transactions159 10001 SHI CORP 01-061-000-0000-6680 ACCT 1079757 MONITORS B07429240 Computer Hardware 1 Transactions10001 705 SIGELMAN STEEL & RECYCLING INC 10-304-000-0000-6572 SUPPLIES Repair And Maintenance Supplies 1 Transactions705 11509 SJOSTROM/JULIAN 01-605-000-0000-6140 PER DIEM 12/6/17 Per Diem 01-605-000-0000-6330 MILEAGE 12/6/17 Mileage 01-605-000-0000-6331 MEAL 12/6/17 Meals And Lodging 3 Transactions11509 10702 SONSALLA/NICK 01-201-000-0000-6304 TOW ROPE/WIPERS UNIT 1707 12/19/17 Repair And Maintenance 1 Transactions10702 48183 STEINS INC 01-112-106-0000-6485 ACCT 00224001 SUPPLIES 792091-1 Custodian Supplies 01-112-000-0000-6485 ACCT 00224000 ICE MELT PALLET 792301 Custodian Supplies 01-112-101-0000-6485 ACCT 00224000 MATTING 795304 Custodian Supplies 01-112-108-0000-6485 ACCT 00224002 SWIFFER REFILL 795885-1 Custodian Supplies 01-112-108-0000-6485 ACCT 00224002 SUPPLIES 796222 Custodian Supplies 01-112-108-0000-6485 ACCT 00224002 SUPPLIES 796757 Custodian Supplies 01-112-101-0000-6485 ACCT 00224000 SUPPLIES 796758 Custodian Supplies Otter Tail County Auditor SCHWARTZ/STEVEN SERVICE FOOD SUPER VALU SHERWIN WILLIAMS SHI CORP SIGELMAN STEEL & RECYCLING INC SJOSTROM/JULIAN SONSALLA/NICK csteinba COMMISSIONER'S VOUCHERS ENTRIESGeneral Revenue Fund Account/Formula Copyright 2010-2017 Integrated Financial Systems 2:47PM12/14/17 6,794.63 216.34 39.50 233.22 1,091.48 4,187.18 625.00 6,159.90 71.20 2,500.00 413.85 150.00 66.34 20.72 18.78 233.22 1,063.50 27.98 4,187.18 625.00 6,159.90 Page 22Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 01-112-101-0000-6485 ACCT 00224000 SWIFFER REFILLS 796758-1 Custodian Supplies 01-112-101-0000-6487 ACCT 00224002 FLOOR MACHINE 797167 Tools And Minor Equipment 01-112-101-0000-6485 ACCT 00224000 MATS 797665 Custodian Supplies 10 Transactions48183 13628 STEUART/MARK 02-612-000-0000-6140 PER DIEM 12/19/17 Per Diem 02-612-000-0000-6330 MILEAGE 12/19/17 Mileage 2 Transactions13628 725 STRAND HARDWARE & RADIO SHACK 10-302-000-0000-6500 PARTS Supplies 10-304-000-0000-6406 SUPPLIES Office Supplies 2 Transactions725 3813 STRATEGIC EQUIPMENT LLC 01-112-000-0000-6572 ACCT 16226 SUPPLIES 2998321 Repair And Maintenance Supplies 1 Transactions3813 168 STREICHERS 01-201-000-0000-6481 ACCT 974 VEST/PLATE/CARRIER I1290976 Radar, Weapons Etc. 01-201-000-0000-6526 ACCT 974 BATTERY I1291408 Uniforms AXNESS/JOE8651 2 Transactions168 6642 SUMMIT FOOD SERVICE, LLC 01-250-000-0000-6269 C1252000 MEALS 11/25-12/1/17 INV2000017456 Professional Services-Kitchen 1 Transactions6642 6413 TEAM LABORATORY CHEMICAL CORP 10-302-000-0000-6510 SUPPLIES Bituminous Material 1 Transactions6413 14637 TERRACON CONSULTANTS INC 10-303-000-0000-6278 SERVICE Engineering & Hydrological Testing 1 Transactions14637 Otter Tail County Auditor STEINS INC STEUART/MARK STRAND HARDWARE & RADIO SHACK STRATEGIC EQUIPMENT LLC STREICHERS SUMMIT FOOD SERVICE, LLC TEAM LABORATORY CHEMICAL CORP TERRACON CONSULTANTS INC csteinba COMMISSIONER'S VOUCHERS ENTRIESGeneral Revenue Fund Account/Formula THYSSEN KRUPP ELEVATOR CORPORATION Copyright 2010-2017 Integrated Financial Systems 2:47PM12/14/17 3,462.74 802.93 601.33 844.95 34.78 93.82 202.50 225.00 1,113.00 266.30 2,083.44 802.93 601.33 844.95 34.78 46.74 47.08 202.50 225.00 1,460.01 Page 23Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 183 THOMSON REUTERS - WEST 01-091-000-0000-6455 ACCT 1000520140 NOV 2017 837274757 Reference Books & Literature 01-201-000-0000-6348 ACCT 1003940771 NOV 2017 837301703 Software Maintenance Contract 13-012-000-0000-6455 ACCT 1003217934 NOV 2017 937255507 Reference Books & Literature 3 Transactions183 7249 THRIFTY WHITE PHARMACY 01-250-000-0000-6432 ACCT 756389 MEDICATIONS NOV2017 Medical Incarcerated 1 Transactions7249 77 01-112-101-0000-6342 ACCT 50366 BRONZE SERVICE 3003565885 Service Agreements 1 Transactions77 379 TITAN MACHINERY INC 50-399-000-0000-6304 ACCT 2498658 FIX BELT 851941 CL Repair And Maint-Vehicles 1 Transactions379 9693 TOWMASTER 10-304-000-0000-6572 PARTS Repair And Maintenance Supplies 1 Transactions9693 51002 VICTOR LUNDEEN COMPANY 01-122-000-0000-6406 ACCT 7490 SUPPLIES 1068137 Office Supplies 01-122-000-0000-6406 ACCT 7490 CALENDAR REFILL 1068424 Office Supplies 2 Transactions51002 3706 VIKING COCA-COLA 01-112-000-0000-6404 ACCT 9804282 COLUMBIAN COFFEE 2062603 Coffee Supplies 1 Transactions3706 2071 WADENA ASPHALT INC 10-302-000-0000-6511 HOT MIX Bituminous Mix 1 Transactions2071 2278 WASTE MANAGEMENT 50-000-000-0120-6852 ACCT 3-85099-73002 0000986-0010-9 Msw By Passed Expense THYSSEN KRUPP ELEVATOR CORPORATION Otter Tail County Auditor THOMSON REUTERS - WEST THRIFTY WHITE PHARMACY TITAN MACHINERY INC TOWMASTER VICTOR LUNDEEN COMPANY VIKING COCA-COLA WADENA ASPHALT INC csteinba COMMISSIONER'S VOUCHERS ENTRIESSolid Waste Fund Account/Formula Copyright 2010-2017 Integrated Financial Systems 2:47PM12/14/17 17,090.18 30.00 11,797.00 4.73 31.14 2,244.70 445,773.23 15,630.17 30.00 6,215.00 4,957.00 187.50 437.50 0.73 4.00 31.14 115.40 5.57 82.75 888.48 1,140.34 6.08 6.08 Page 24Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 50-000-000-0170-6852 ACCT 3-85099-73002 0000986-0010-9 Msw By Passed Expense 2 Transactions2278 9357 WAYNE'S TOOLWAGON 10-304-000-0000-6572 SUPPLIES Repair And Maintenance Supplies 1 Transactions9357 14266 WEETS CUSTOM SERVICES 10-302-000-0000-6350 SERVICE Maintenance Contractor 22-622-000-0670-6369 TILING & CONNECTION DITCH 70 2038 Miscellaneous Charges 22-622-000-0670-6369 SEWELL OUTLET DITCH 70 2039 Miscellaneous Charges 22-622-000-0652-6369 REMOVE BEAVER DAM IN DITCH 52 2040 Miscellaneous Charges 4 Transactions14266 2079 WEST/RICHARD K 10-301-000-0000-6210 PETTY CASH Postage & Postage Meter 10-302-000-0000-6210 PETTY CASH Postage & Postage Meter 2 Transactions2079 8425 WINDELS/LORI 01-112-109-0000-6369 WREATH SUPPLIES FOR OPS CNTR 11/29/17 Miscellaneous Charges 1 Transactions8425 2086 ZIEGLER INC 01-250-000-0000-6399 ACCT 0276510 ELEMENT/FILTER 02C305271 Sentence To Serve 01-250-000-0000-6399 ACCT 0276510 PARTS 02C305274 Sentence To Serve 01-250-000-0000-6399 ACCT 0276510 PARTS PC020265826 Sentence To Serve 10-302-000-0000-6572 PARTS Repair And Maintenance Supplies 10-304-000-0000-6572 PARTS Repair And Maintenance Supplies 50-399-000-0000-6306 ACCT 6842300 BULBS PC020265633 Repair/Maint. Equip 50-399-000-0000-6306 ACCT 6842300 BULBS PC020265634 Repair/Maint. Equip 7 Transactions2086 Final Total ............171 Vendors 321 Transactions Otter Tail County Auditor WASTE MANAGEMENT WAYNE'S TOOLWAGON WEETS CUSTOM SERVICES WEST/RICHARD K WINDELS/LORI ZIEGLER INC csteinba COMMISSIONER'S VOUCHERS ENTRIESSolid Waste Fund Copyright 2010-2017 Integrated Financial Systems 2:47PM12/14/17 Page 25Audit List for Board Otter Tail County Auditor AMOUNT General Fund Dedicated Accounts 153,673.19 1 11,338.01 2 215,306.04 10 400.00 11 2,281.54 13 3,111.64 14 8,295.06 22 51,367.75 50 445,773.23 NameFundRecap by Fund General Revenue Fund Road And Bridge Fund Human Services Law Library Fund Capital Improvement Fund County Ditch Fund Solid Waste Fund All Funds Total Approved by,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Otter Tail County Contract Outline Presented to Human Service Board January 24, 2017 Agency Program Effective Date Targeted Population Amount of Contract Funding Source Generations Children’s Mental Health 01-01-18 thru 12-31-18 Children who have severe emotional disturbance The Contractor shall bill the county, a quarterly basis $64.21 per hour The County or the County of Financial Responsibility County Board of Commissioners Meeting Consent Agenda Items Tuesday, December 19, 2017 1. Approve the issuance of a County Credit Card with a 30-Day Limit of $2,500 to Jason Karlgaard, 911 Communications Supervisor as requested by Brian Schlueter, Sheriff. 2. Approve the issuance of a tobacco license to the following: a. Dale K. Cameron dba Battle Lake Standard b. Ronald J. Wegscheid – Bluffton Oil Company c. Beth Dorn dba Dalton Corner Store d. Dennis R. Nosbish – Denny’s Enterprises, Inc. dba Denny’s Food N Sport Shop Page | 1 County Board of Commissioners Meeting Agenda Items Tuesday, December 19, 2017 Adoption 2018 Calendar Year Budget and 2018 Final Gross and Net Levy ADOPTION OF FINAL BUDGET AND LEVY Otter Tail County Resolution No. Recommended 2018 Net Property Tax Levy for Payable 2018 Payable 2018 Payable 2017 Percent Gross County Property Tax Levy (Non-Debt) -39,371,389 37,809,538 4.13% Gross Debt Levy - Master Facility Plan Bonds - 2012A 296,782 118,283 150.91% Ottertail Operations Center Bonds 410,202 532,350 -22.95% Government Services Bldg. Bonds 494,078 704,910 -29.91% Jail/Elevator Project - 2017A 162,803 0 #DIV/0! Total Gross County Property Tax Levy 40,735,254 39,165,081 4.01% County Program Aid (Certified)2,092,576 1,829,365 14.39% Net County Property Tax Levy -38,642,678 37,335,716 3.50% Gross/Net Lake Improvement District Levies - Pelican Group of Lakes 130,000 130,000 0.00% Pine Lakes 50,590 26,588 90.27% McDonald, Kerbs & Paul 112,000 140,600 -20.34% Big McDonald 12,000 12,000 0.00% Total Net County Levy Including Lake Improvement Districts -38,947,268 37,644,904 3.46% Special Taxing District Levy - Otter Tail County HRA 541,800 516,000 5.00% Proposed Total Net Property Tax Levy 39,489,068 38,160,904 3.48% RECAP - Gross Tax Levy (Total)41,581,644 39,990,269 3.98% County Program Aid 2,092,576 1,829,365 14.39% Net Tax Levy (Total)39,489,068 38,160,904 3.48% Page | 2 Payable 2018 Otter Tail County Gross and Net Property Tax Levy Resolution Otter Tail County Resolution No. 2017 - The following resolution was offered by Commissioner , who moved for the adoption of Otter Tail County’s Payable 2018 Gross and Net Property Tax Levies: WHEREAS, the Otter Tail County Board of Commissioners recognized the requirement to adopt, on or before Monday, October 2, 2017, a proposed Payable 2018 Property Tax Levy and to select a date for a public meeting for the purpose of discussing and receiving public comment regarding the Proposed Property Tax Levy, which must be held during the period of November 25th through December 28th; and WHEREAS, the Otter Tail County Board of Commissioners on Tuesday, September 26, 2017 adopted Otter Tail County’s proposed Payable 2018 Gross and Net Property Tax Levy and selected Tuesday, December 12, 2017 as the date for the public meeting; and WHEREAS, the Otter Tail County Board of Commissioners at 6:00 p.m. on Tuesday, December 12, 2017 held the required meeting; and WHEREAS, the Otter Tail County Board of Commissioners recognizes the requirement to adopt Otter Tail County’s final Payable 2018 Gross and Net Property Tax Levy no later than Thursday, December 28, 2017, and the Otter Tail County Board of Commissioners is required to certify Otter Tail County’s final Payable 2018 Gross and Net Property Tax Levy to the County Auditor-Treasurer’s office on or before Thursday, December 28, 2017. NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby levies for the payable year 2018, upon the taxable net tax capacity of the property of Otter Tail County, the following amounts as detailed below: Fund Breakdown - Net Tax Capacity Based Levies Gross Levy CPA Net Levy General Revenue 21,053,046 (1,151,149) 19,901,897 PEHP 178,545 0 178,545 County Trails 350,000 0 350,000 Debt Service - Series 2012A (Courthouse/Jail) 296,782 0 296,782 Government Services Building Bonds 410,202 0 410,202 Ottertail Operations Center 494,078 0 494,078 Series 2017A (Jail/Elevator) 162,803 0 162,803 Human Services - Social Services 6,465,737 (353,537) 6,112,200 Administration 2,011,057 (109,961) 1,901,096 Public Health 961,789 (52,589) 909,200 Court Services 2,013,983 (110,122) 1,903,861 Road and Bridge 3,671,350 (200,744) 3,470,606 Capital Improvement 2,093,582 (114,474) 1,979,108 Total County - Excluding Regional Library 40,162,954 (2,092,576) 38,070,378 Regional Library System 572,300 0 572,300 Total County - Including Regional Library 40,735,254 (2,092,576) 38,642,678 Lake Improvement Districts - Page | 3 Pelican Group of Lakes 130,000 0 130,000 Pine Lakes 50,590 0 50,590 McDonald, Kerbs & Paul 112,000 0 112,000 Big McDonald 12,000 0 12,000 Total County - Including Lake Improvement Districts 41,039,844 (2,092,576) 38,947,268 Special Taxing District Tax - Otter Tail County HRA 541,800 0 541,800 Grand Total - Otter Tail County 41,581,644 (2,092,576) 39,489,068 NOW, THEREFORE, BE IT FUTHER RESOLVED, that the Otter Tail County Board of Commissioners hereby certifies the above amount to the County Auditor-Treasurer’s office as Otter Tail County’s Final Gross/Net Property Tax levies for the payable year 2018, and directs the County Auditor-Treasurer’s office to spread these levies against the taxable net tax capacity of the property of Otter Tail County. The resolution was seconded by Commissioner and carried, with the members of the Otter Tail County Board of Commissioners voting as follows: Commissioner For Against Doug Huebsch Wayne D. Johnson John Lindquist Roger Froemming Lee Rogness Adopted at Fergus Falls, Minnesota this 19th day of December 2017. Dated:_________________________ OTTER TAIL COUNTY BOARD OF COMMISSIONERS By:______________________________________ Doug Huebsch, County Board Chair Attest:__________________________ John Dinsmore, Administrator Page | 4 Payable 2018 Otter Tail County Housing and Redevelopment Special Taxing District Gross and Net Property Tax Levy Resolution Otter Tail County Resolution No. 2017 - The following resolution was offered by Commissioner , who moved for the authorization of the Otter Tail County Housing and Redevelopment Special Taxing District 2018 Gross and Net Property Tax Levy: WHEREAS, the Otter Tail County Housing and Redevelopment Authority is a special taxing district under the provisions of Minnesota Statute Chapter 469, and WHEREAS, the Otter Tail County Housing and Redevelopment Authority had requested a Payable 2018 Gross and Net Property Tax Levy of $541,800, and WHEREAS, the Otter Tail County Board of Commissioners on Tuesday, September 26, 2017, adopted for the Otter Tail County Housing and Redevelopment Authority a proposed Gross/Net Property Tax Levy for Payable Year 2018 in the amount of $541,800, and WHEREAS, the Otter Tail County Board of Commissioners recognizes the requirement to adopt the special taxing district’s Payable 2018 Gross and Net Property Tax Levy no later than Thursday, December 28, 2017, and the Otter Tail County Board of Commissioners is required to certify Otter Tail County Housing and Redevelopment Authority’s final Payable 2018 Gross and Net Property Tax Levy to the County Auditor-Treasurer’s office on or before Thursday, December 28, 2017. NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners, after consideration and discussion by the Otter Tail County Budget Committee with the Otter Tail County HRA, hereby authorizes/adopts, on behalf of the Otter Tail County Housing and Redevelopment Authority, a final Payable 2018 Gross and Net Property Tax Levy of $541,800 and hereby certifies the same to the County Auditor-Treasurer’s office to be spread against the taxable property of the Otter Tail County Housing and Redevelopment Authority. The resolution was seconded by Commissioner and carried, with the members of the Otter Tail County Board of Commissioners voting as follows: Commissioner For Against Doug Huebsch Wayne D. Johnson John Lindquist Roger Froemming Lee Rogness Adopted at Fergus Falls, Minnesota this 19th day of December 2017. Dated:_________________________ OTTER TAIL COUNTY BOARD OF COMMISSIONERS By:______________________________________ Doug Huebsch, County Board Chair Attest:__________________________ John Dinsmore, Administrator Page | 5 Resolution Adopting the Calendar Year 2018 Budget Otter Tail County Resolution No. 2018 - The following resolution was offered by Commissioner , who moved for the adoption of the calendar year 2018 budget for the General Fund, for the Budgeted Special Revenue Funds, and for the Debt Service Funds. WHEREAS, the Otter Tail County Board of Commissioners recognized the requirement to adopt, on or before Monday, October 2, 2017, a proposed Calendar Year 2018 Budget and to select a date for a public meeting for the purpose of discussing and receiving public comment regarding the proposed Calendar Year 2018 budget, which must be held during the period of November 25th through December 28th; and WHEREAS, the Otter Tail County Board of Commissioners on Tuesday, September 26, 2017 adopted Otter Tail County’s proposed Calendar Year 2018 Budget for the General Fund, for the Budgeted Special Revenue Funds, and for the Debt Service Fund, and selected Tuesday, December 12, 2017 as the date for the public hearing, and WHEREAS, the Otter Tail County Board of Commissioners at 6:00 p.m. on Tuesday, December 12, 2017 held the required hearing; and WHEREAS, the Otter Tail County Board of Commissioners recognizes the requirement to adopt Otter Tail County’s final Calendar Year 2018 Budget for the General Fund, for the Budgeted Special Revenue Funds, and for the Debt Service Funds no later than Thursday, December 28, 2017 and also recognizes the requirement to adopt the final Calendar Year 2018 Budget after the adoption of the final payable 2018 Gross and Net Property Tax Levy. NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners adopts the amount of $105,092,428 as the County’s Calendar Year 2018 Budget for the General Fund, for the Budgeted Special Revenue Funds, and for the Debt Service Funds, as summarized and as detailed in the budget documents filed with the County Auditor-Treasurer’s office. The above resolution was seconded by Commissioner and carried with the members of the Otter Tail County Board of Commissioners voting as follows: Commissioner For Against Doug Huebsch Wayne D. Johnson John Lindquist Roger Froemming Lee Rogness Adopted at Fergus Falls, Minnesota this 19th day of December 2017. Dated:_________________________ OTTER TAIL COUNTY BOARD OF COMMISSIONERS By:______________________________________ Doug Huebsch, County Board Chair Attest:__________________________ John Dinsmore, Administrator Page | 6 Board of Water and Soil Resources Appropriation Otter Tail County Resolution No. 2017 - The following resolution was offered by Commissioner , who moved for the adoption of the following: WHEREAS, the Otter Tail County Board of Commissioners on Tuesday, December 19, 2017 adopted $38,642,678 (excludes levies adopted for Lake Improvement Districts and Otter Tail County Housing and Redevelopment Authority) as Otter Tail County’s Payable 2018 Net Property Tax Levy; and WHEREAS, $19,901,897 is designated to assist with the financing of the County’s General Revenue Fund activities; and WHEREAS, the operational budgets for Otter Tail County’s Land and Resource Department, Board of Adjustment and Planning Commission are a part of the County’s General Revenue Fund Budget; and WHEREAS, the operational budgets for the Land and Resource Department, Board of Adjustment and Planning Commission are funded by a combination of general tax levy funds, charges for services and a portion of the Board of Water and Soil Resources 2018 Natural Resources Block Grant; and WHEREAS, the Board of Water and Soil Resources 2018 Natural Resources Block Grant total $106,259 and consist of funding for the following activities: Comprehensive Water Plan - $9,824 Wetlands Conservation Act - $59,729 Shoreland - $18,106 Subsurface Sewage Treatment Systems - $18,600; and WHEREAS, the Wetlands Conservation Act and Shoreland portions of the block grant funding requires a local in-kind match equal to the block grant amounts, the Comprehensive Water Plan portion of the block grant funding requires a local property tax levy match in the amount of $20,405 and the Subsurface Sewage Treatment Systems portion of the block grant funding does not require either a local levy or an in-kind match; and WHEREAS, portions of the Board of Water and Soil Resources 2018 Natural Resources Block Grant and local property tax levy are allocated to the East and West Otter Tail Soil and Water Conservation Districts as noted in a document filed with the 2018 budget; and WHEREAS, Otter Tail County is responsible for in-kind match associated with the Shoreland portion of the block grant funding, Otter Tail County and the Soil and Water Conservation Districts are responsible for the in-kind match associated with the Wetland Conservation portion of the block grant funding and Otter Tail County is responsible for including in the final adopted net levy for Otter Tail County the required local property tax levy for the Comprehensive Water Plan portion of the block grant funding: NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby designates $20,405 of the $19,901,897 Payable 2018 General Fund Levy as the local property tax match for the Comprehensive Water Plan portion of the Board of Water and Soil Resources 2018 Natural Resources Block Grant. The motion was seconded by Commissioner and carried, with the members of the Otter Tail County Board of Commissioners voting as follows: Page | 7 Commissioner YEA NAY ABSENT ABSTAIN Doug Huebsch Wayne D. Johnson John Lindquist Roger Froemming Lee Rogness Adopted at Fergus Falls, Minnesota this 19th day of December 2017. Dated:_________________________ OTTER TAIL COUNTY BOARD OF COMMISSIONERS By:______________________________________ Doug Huebsch, County Board Chair Attest:__________________________ John Dinsmore, Administrator 1. Motion by , second by and unanimously carried, to authorize, if necessary, any December 31, 2017 inter-fund loans for the various Otter Tail County Ditch Systems with deficit cash balances as of 12/31/2017. 2. Motion by , second by , and unanimously carried to delegate John Dinsmore, County Administrator, to approve payment of Otter Tail County Commissioners’ bills from December 19, 2017 through December 29, 2017. The bills will also be provided to Commissioners for review. 3. Motion by seconded by and unanimously carried to approve a transfer from the Capital Improvement Fund to the Road and Bridge Fund for the following expenditure (note – this item has been approved by the Finance Committee): Towmaster Inc. Two Boxes and Snow Plow Truck Equipment $233,105.00 4. Motion by , second by and unanimously carried, to approve the minutes of the December 12, 2017 Budget and Levy Public Hearing. 5 Motion by , seconded by and unanimously carried, to certify against parcel 25-000-06-0036-002, which is described as a 1.09 acre parcel in Government Lot 3, Section 6 Township 133 Range 40 currently owned by D& F TST (David Reynolds), the Public Health Nuisance Abatement Costs incurred under the provisions of Minnesota Statute 145A in the amount of $2,856.42 over _______ blank years with a 4% interest rate beginning with Payable Year 2018. Budget and Levy Public Meeting - Doug Huebsch, Chair convened the Otter Tail County Board of Commissioners’ meeting at 6:00 p.m. for holding the required meeting to review the proposed budget and levy for 2018. The following were in attendance: Commissioners - Doug Huebsch, Chair; Roger Froemming, John Lindquist and Lee Rogness (Note – Commissioner Wayne Johnson was absent due to a death in the family.) County Administrator - John Dinsmore County Attorney - David Hauser Other County Staff - County Assessor - Doug Walvatne County Auditor-Treasurer Wayne Stein Facilities Director - Terry Hoff Human Services Director - Deb Sjostrom Land and Resource Director - Bill Kalar Public Health Director - Diane Thorson Public Works Director/County Highway Engineer - Rick West Public in attendance – 1. Tom Hintgen, Local News Media 2. Five members of the public as follows: a. Jody Conlin – visited with the County Assessor and left prior to the start of the hearing. b. Joan Guck – visited with the County Assessor and left prior to the start of the hearing. c. Deb Hoff d. Larry Krohn e. Teresa (Terri) Mann Wayne Stein, County Auditor-Treasurer, provided those in attendance with a copy of the Levy and Budget presentation that had been prepared for overviewing and explaining the County’s proposed 2018 budget and levy. The handout provided information regarding the following: 1. the purpose of the meeting, 2. the County’s overall tax base (taxable market value and net tax capacity), 3. the major budget and levy areas, 4. the number of different issues considered when developing the overall budget and when determining the amount of the property tax levy, 5. the County’s final pay 2017 levy and the proposed levy for pay 2018, 6. a review of the tax rates based on the final and proposed levies and their impact, 7. the proposed levies per major fund area and the factors impacting the change, 8. the County’s long term debt position, 9. the overall revenue and expenditure budget and the major sources of revenues available to the County and the major area where funds are expended, and 10. the remaining process and issues that will be considered before the final budget and levy is adopted. The handout provided indicated that the proposed net property tax levy for Pay 2018, including the levy for the Otter Tail County Housing and Redevelopment Authority and the various lake improvement districts is $39,489,068, which is 3.48% over the final net property tax levy for Pay 2017. The proposed levy will support an overall budget of approximately $105.1 million. Doug Huebsch, Chair, opened the meeting to the public for questions and comments concerning the County’s proposed 2018 budget and proposed payable 2018 gross and net levy. No one in attendance addressed the County Board with questions and/or concerns. It was noted that action on the final 2018 Budget and Levy will be considered at 9:35 a.m. on Tuesday, December 19, 2017. Hearing no other public comments, questions or concerns, the levy and budget public hearing of the Otter Tail County Board of Commissioner was closed by Doug Huebsch, Chair, at 6:33 p.m. RESOLUTION APPROVING ENTRY INTO NEW COOPERATIVE SERVICE AGREEMENT FOR MEMBERSHIP ALLOWING PLACEMENT OF JUVENILES AT THE WEST CENTRAL REGIONAL JUVENILE CENTER Otter Tail County Resolution No. 2017 – 85 WHEREAS, Otter Tail County and various other Minnesota counties have been utilizing the West Central Regional Juvenile Center in Clay County, Minnesota for placement of juveniles in a secure detention setting, and have been functioning under a cooperative agreement for the use and operation of that Facility for approximately 21 years; and WHEREAS, Otter Tail County wishes to terminate the prior agreement and wishes to adopt a new structure to ensure the economic viability and longevity of the relationship; and WHEREAS, Otter Tail County has determined that it remains mutually beneficial to cooperatively address its long-term needs for secure juvenile detention and treatment facility capacity through a new Cooperative Service Agreement with Clay County and other Member Counties; and WHEREAS, Otter Tail County has reviewed the Cooperative Services Agreement for the West Central Regional Juvenile Center and finds its terms to be satisfactory. NOW THEREFORE, in consideration of the mutual promises and benefits that each party shall derive here from, and other good and valuable consideration, receipt of which is hereby acknowledged, BE IT RESOLVED, that the Clay County Board of Commissioners wishes to execute the Cooperative Services Agreement for the West Central Regional Juvenile Center and continue membership in the West Central Regional Juvenile Center cooperative services arrangement. The motion for the adoption of the foregoing resolution was introduced by Commissioner ________________, duly seconded by Commissioner ___________________, and, after discussion thereof and upon vote being taken thereon, the resolution was adopted on a ____ vote. Dated this 19th day of December 2017 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: _____________________ By: __________________________________ Attest: _________________________ Doug Huebsch, Chair John Dinsmore, Clerk 1 COOPERATIVE SERVICES AGREEMENT FOR THE WEST CENTRAL REGIONAL JUVENILE CENTER THIS AGREEMENT, hereinafter, “Agreement,” is made and entered into this_____ day of __________________, 2017, by and between the Minnesota Counties of Clay, Becker, Douglas, Grant, Otter Tail, Stevens, Todd, Traverse, Wadena, and Wilkin, as well as Cass County, North Dakota, hereinafter, “Member Counties;” and WHEREAS, the West Central Regional Juvenile Center, hereinafter, “the Facility,” was constructed in 1997 using grants from the State of Minnesota and bonds issued by Clay County; and WHEREAS, the undersigned counties previously entered into a cooperative agreement for the construction and operation of the Facility and operated under that agreement for 21 years; and WHEREAS, the Member Counties have terminated the prior agreement and wish to adopt a new structure to ensure the economic viability and longevity of the Facility; and WHEREAS, the undersigned counties have determined that it remains mutually beneficial for the counties to cooperatively address their long-term needs for secure juvenile detention and treatment facility capacity; and WHEREAS, based upon the mutual understanding and cooperation of the undersigned counties, Clay County has undertaken debt service obligations to fund a significant expansion and remodeling project which will increase the Facility’s bed capacity and ability to accommodate all Member Counties; and WHEREAS, in furtherance of this cooperative arrangement, Cass County, North Dakota has provided a monetary investment towards the Facility Expansion and Remodeling Project; 2 NOW THEREFORE, in consideration of the mutual promises and benefits that each party shall derive here from, and other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: ARTICLE I - Definitions In the interpretation of this Agreement, the following definitions shall have the meanings given to them. (1) “Advisory Board” means the board created by this Agreement pursuant to Section 7.01. (2) “Annual Facility Usage Fee” means 105% of the next year’s annual Operating Budget divided by the Annual Percentage Share assigned to an individual Member County. (3) “Annual Percentage Share” means the number of days in the previous twenty-four (24) months that an individual Member County utilized the Facility compared to the total number of days that all Member Counties occupied the Facility in that same period of time; reduced to a percentage, rounded to the nearest one-half (1/2) percent. The Annual Percentage Share will be calculated for the time period ending June 30th of the preceding year, looking back twenty-four (24) consecutive months. A minimum 1% Annual Percentage Share will be used for Member Counties with less than 1% usage. (4) “Debt Service” means all amounts required to be paid in connection with any indebtedness incurred by Clay County related to the Facility Expansion and Remodeling Project. (5) “Facility” means the secure unit of the West Central Regional Juvenile Center located at 729 11th Street North, Moorhead, Minnesota. (6) “Facility Director” means the Clay County employee assigned to manage and direct the operations of the Facility, or his/her designee. (7) “Facility Expansion and Remodeling Project” means the construction project undertaken in 2018 to increase the capacity of the Facility to 61 secure beds. (8) “Member County” means any of the counties that have entered into this Agreement. (9) “Non-Member County” means a county that is not a party to this Agreement. (10) “Operating Budget” means all costs expected to be incurred in the operation of the Facility, (including but not limited to: Debt Service payments due in the following calendar year; an estimate of all operation and maintenance costs and expenses expected to be incurred by the Facility in the following calendar year; and an estimate of all costs and expenses related to Clay County’s obligations under this Agreement) less any revenues to include projected revenues for bed purchases of Non-Member Counties. 3 (11)“Prior Agreement” means the Cooperative Service Agreement for the Operation of the Clay County Secure Juvenile Detention and Treatment Facility between Member Counties and others in effect from 1997 through 2018 which served a similar purpose as this Agreement. ARTICLE II - Purpose This Agreement has been executed to jointly address the Member Counties’ long-term needs for secure juvenile detention and treatment facility capacity in conjunction with the significant Facility Expansion and Remodeling Project and the Debt Service investment made by Clay County. ARTICLE III - Term Section 3.01: Automatic Termination of Prior Agreement. Adoption of this Agreement by the Member Counties shall automatically terminate the Prior Agreement effective as of the date of substantial completion of the Facility Expansion and Remodeling Project. Section 3.02: Commencement Date and 20-Year Term of This Agreement. The term of this Agreement shall commence on the date of substantial completion of the Facility Expansion and Remodeling Project, notwithstanding the dates of the signatures of the parties, and shall continue in full force and effect for a term of twenty (20) years unless earlier terminated by the parties pursuant to the terms of this Agreement. Section 3.03: Option to Renew. With agreement of all Member Counties and notice given a minimum of 90-days prior to the expiration of the initial 20-year term of this Agreement, Member Counties may exercise an option to extend the Agreement on the same terms and conditions, for a maximum of two (2), ten-year terms. ARTICLE IV - Delegation of Authority The Member Counties hereby delegate to Clay County all authority necessary and convenient to obtain grant monies, finance, develop, design, construct, equip, own, maintain and operate the Facility in accordance with the terms of this Agreement. Clay County shall have all authority necessary or convenient to accomplish the purpose of this Agreement. 4 ARTICLE V - Rights and Obligations of Clay County Section 5.01: Financing Construction Costs. The Facility Expansion and Remodeling Project will be funded by the Cass County, North Dakota contribution along with the Debt Service undertaken by Clay County. The Debt Service will be built into the Operating Budget of the Facility over a twenty (20) year period. Clay County is solely responsible for the repayment of the Debt Service connected with the Facility Expansion and Remodeling Project and agrees to abide by all applicable provisions of Federal, State, and local laws. This Agreement does not preclude any Member County from applying for grant funding to benefit the Facility, if any such opportunity should arise. Section 5.02: Future Improvements/Expansion. Future capital improvement needs of the Facility will be addressed through a capital improvement budget line item to be determined annually in the budget process. Unforeseen/emergency capital improvement needs or future expansion to the Facility may be recommended by two-thirds (2/3) vote of the Advisory Board and approval of the Clay County Board of Commissioners. Section 5.03: Design Construction and Ownership of the Facility. The Facility is and will remain owned solely by Clay County; constructed on property owned by Clay County at 729 11th Street North in Moorhead, Minnesota. The Facility has been expanded and remodeled with 61 secure detention beds. Clay County is responsible and in control of the method and manner used for maintenance and repair of the facility in consultation with the Advisory Board. Section 5.04: Operation of the Facility. Clay County shall provide all labor, equipment, tools, supplies and other materials necessary to operate the Facility. Clay County specifically reserves the right to operate only the number of beds necessary to satisfy its obligations under this Agreement. Clay County shall operate and maintain the Facility as necessary to ensure continued compliance with the requirements of law and other obligations as set forth in this Agreement. Section 5.05: Bed Usage. Clay County reserves for each Member County the right to use the Facility, as needed, for the placement of their juveniles. Clay County shall allocate Facility beds to Member Counties on a first-come basis. Member Counties will receive priority over Non-Member Counties for open beds. Guidelines for determining priority of placement will be developed by the Facility Director and approved by the Advisory Board. 5 Section 5.06: Allocation of Unused Beds. Clay County, with guidance from the Advisory Board, shall allocate unused beds to Non-Member Counties to minimize costs to the Member Counties; provided, however, that Clay County reserves the right to make the final decision concerning allocation of unused beds. ARTICLE VI - Rights and Obligations of Member Counties Section 6.01: Cooperation. Each Member County shall cooperate and use its best efforts to ensure the most expeditious implementation of the various provisions of this Agreement. The parties agree in good faith to undertake resolution of disputes, if any, in an equitable and timely manner and in accordance with the provisions of this Agreement. Section 6.02: Compliance with Legal Requirements. Each Member County agrees to comply with all legal requirements in effectuating this Agreement. Where provisions of this Agreement conflict with the requirements of law, the latter shall control. Section 6.03: Compliance with Use Requirements. Each Member County agrees to place eligible juveniles in the Facility when they are detained by an officer without court order and to recommend that their court order detention in the Facility for any Warrant, Detention, or Dispositional Order. Each Member County will use an alternative juvenile detention facility only when there are no beds available at the Facility, when a court orders program-specific treatment services, or when reasonably necessary under special facts and circumstances and shall report such usage annually to the Facility Director. Section 6.04: Documentation. Member Counties shall have the sole responsibility for furnishing all necessary paper work, court orders, or legal documents necessary for proper placement of juveniles in the Facility. ARTICLE VII - Advisory Board Section 7.01: Establishment of Advisory Board. The Board of Commissioners of each Member County must appoint one person and one or more alternates to participate on an Advisory Board and act as liaisons with the other Member Counties. The Advisory Board shall continue throughout the duration of this Agreement. The Advisory Board shall be advisory only and shall not be a joint powers board under Minn. Stat. § 471.59. The Facility Director shall serve as an ex officio, non-voting member of the Advisory Board. Section 7.02: Duties of Advisory Board. The Advisory Board shall have the following duties: 6 a. Review and comment on the Facility’s proposed annual Operating Budget and per diem charges prior to adoption by the Clay County Board of Commissioners; b. Assist in the ongoing coordination of the use of the Facility, including bed usage and bed allocation; c. Assist in the development of the programs offered at the Facility; and d. Assist in other matters relating to the Facility as requested by Clay County. The Advisory Board will serve in an advisory capacity to the Clay County Board of Commissioners. The ultimate authority regarding budgetary decisions and day-to-day operations of the Facility shall rest with the Clay County Board of Commissioners. Section 7.03: Voting. The Advisory Board shall function by majority vote. Each Member County shall have the number of votes equal to its Annual Percentage Share in the year the vote is taken. Voting by proxy shall not be allowed. Section 7.04: By-laws. The Advisory Board shall have the authority to adopt such by-laws as it may deem necessary or desirable to conduct the business of the Advisory Board. Such by-laws shall be consistent with this Agreement and the requirements of law. Section 7.05: Chair and Vice-Chair. The Advisory Board shall have an elected chair and vice-chair, elected by the Advisory Board for terms of two years. The chair shall preside at all meetings of the Advisory Board and shall perform other duties and functions and may be determined by the Advisory Board. The vice-chair shall preside over and act for the chair during the absence of the chair. If both the chair and vice-chair are absent, the Advisory Board may elect a temporary chair to conduct its business. Facility staff are authorized to act as the recording officer. Section 7.06: Meetings. Meetings shall be held, at a minimum, each January, April, July, and September. Upon reasonable notice to all Member Counties, special meetings may be called upon the request of Clay County or two-thirds (2/3) of all Member Counties. ARTICLE VIII - Budget Section 8.01: Annual Budget. Each year, Clay County shall prepare a proposed Operating Budget for the following calendar year. Through the Facility Director, this proposed Operating Budget will be presented to the Advisory Board for review and comment at the July meeting. At or before the September meeting, 7 the Advisory Board shall adopt its final budget recommendation. This recommendation will then be presented to the Clay County Board of Commissioners which shall consider the comments and recommendations made by the Advisory Board prior to final adoption of the Facility’s annual Operating Budget. Section 8.02: Apportionment of Charges. In return for the availability of placement for its juveniles and the services provided in Section 9.01, each Member County will pay an Annual Facility Usage Fee to be calculated in September of the preceding year. Section 8.03: Payment. Each Member County shall make payments for all amounts payable in accordance with this Agreement. On a monthly basis, each Member County shall pay one-twelfth (1/12) of its Facility Usage Fee for that year plus any additional charges as detailed in Article IX. Section 8.04: Annual Reconciliation. At the beginning of each calendar year, Clay County shall reconcile the expenditures and revenues of the Facility, determining whether there has been a shortfall or surplus in operating the Facility for the preceding year. If a shortfall exists, each Member County will be billed for its percentage of the shortfall, based upon the Member County’s Annual Percentage Share for the year of the shortfall. If a surplus exists, each Member County will receive credit for the surplus based upon the Member County’s annual percentage share for the year of the surplus. Any surplus credits will be applied to amounts owed for the next year’s Facility Usage Fee and will not be issued in the form of a cash refund. Section 8.05: Per Diem Charges. In conjunction with the annual Operating Budget, the Clay County Board of Commissioners, with recommendation from the Facility Director and the Advisory Board, shall establish an annual per diem rate to be charged for Facility usage by Non-Member Counties. Section 8.06: Accountability for Funds. All funds shall be accounted for according to generally-accepted accounting principles and shall be subject to annual audit by the Minnesota State Auditor’s Office. Clay County shall report to the Advisory Board at least annually on the status of costs and expenses related to the Operating Budget and this Agreement. ARTICLE IX – Scope of Services for Juveniles Section 9.01: Services Provided. In consideration for the Annual Facility Usage fee, juveniles from the Member Counties placed at the Facility will be provided with room, board, in-house counseling, education, guidance, 8 recreational programming, nursing services, and other appropriate support services during the period of stay at the Facility. Section 9.02: Transportation. With reasonable notice of court hearings or other occasions necessitating transport, the Facility will provide transportation services to Member Counties when, in the opinion of the Facility Director, the Facility has the capability do so. Due to scheduling and staffing constraints, however, the Facility may not be able to honor all transportation requests and transportation services cannot be guaranteed. Non-Member Counties will not receive transportation services as a part of the per diem rate. Section 9.03: Additional Charged Services. Additional services not included in the Annual Facility Usage Fee include but are not limited to: medical and hospital expenses, if any; charges for psychological services, and charges for any other special services not referenced in Section 9.01. If these charges arise, they will be included on a Member County’s monthly invoice from the Facility. Section 9.04: Third-Party Programming. Any specialized programing provided by a third-party agency while a juvenile is placed in the Facility, including but not limited to the sex offender treatment program, is not included in the Annual Facility Usage Fee. Any costs associated with programming provided by third parties will be billed separately by the respective service provider. Each Member County shall be responsible for paying the cost of this specialized programming to the third-party service provider. ARTICLE X – Termination, Withdrawal, Removal, and Addition of Member Counties Section 10.01: Termination. This Agreement shall terminate upon the occurrence of any one of the following: a. When two-thirds (2/3) of all Member Counties including Clay County agree, by resolution of each respective County Board, to terminate the Agreement; b. When necessitated by operation of law or as a result of a decision by a court of competent jurisdiction; c. Upon damage or destruction of the Facility, if Clay County in its sole discretion determines that it is impractical or uneconomical to repair, restore, or rebuild the Facility; d. Upon the termination date as listed in Article III unless renewed by written agreement of the parties; or 9 e. When in the sole determination of Clay County, it is no longer financially feasible for Clay County to run the Facility pursuant to the terms and conditions contained herein. Section 10.02: Effect of Termination. Termination shall not discharge any liability incurred by Clay County or any other Member County prior to termination of this Agreement. Upon termination of this Agreement, Clay County shall retain all right, title, interest, and ownership in the Facility and the Facility site and shall continue to assume all obligations to make Debt Service payments for the Facility Expansion and Remodeling Project. The withdrawal fee pursuant to Exhibit A shall not be generated by Termination as defined in Section 10.01. Section 10.03: Withdrawal. A Member County may withdraw from this Agreement effective January 1 of a year if: a. The Member County has given at least one (1) year written notice to all other Member Counties; b. The Member County has paid, in full, all monies owed to the Facility to include Annual Facility Usage Fees and costs attributable to all services rendered to its juveniles; and c. The Member County has paid the withdrawal fee to Clay County pursuant to Exhibit A, attached and heretofore incorporated into this Agreement. Section 10.04: Effect of Withdrawal. In the event of withdrawal by any Member County, this Agreement shall remain in full force and effect as to all remaining Member Counties. Withdrawal shall not act to discharge any liability incurred or chargeable to any Member County before the effective date of withdrawal and shall not act to discharge the withdrawal fee pursuant to Exhibit A. Section 10.05: Removal. A Member County may be involuntarily removed from the Agreement with a two-thirds (2/3) vote of all Member Counties. The Member Counties voting for removal shall specify an effective date of the removal. Section 10.06: Effect of Removal. In the event of removal of a Member County, this Agreement shall remain in full force and effect as to all remaining Member Counties. Removal shall not act to discharge any liability incurred or chargeable to any Member County before the effective date of withdrawal. The withdrawal fee pursuant to Exhibit A shall not be generated by removal as defined in Section 10.05. 10 Section 10.07: Addition of Member Counties. A Non-Member County may be added as a Member County to this Agreement with a two-thirds (2/3) vote of all Member Counties. The terms of said membership shall be specified at the time of the vote. ARTICLE XI – Liability and Insurance Section 11.01: Liability. Each party shall be responsible for its own acts and those of its elected officials, employees, agents, and subcontractors and shall not be responsible for the acts of any other party, its elected officials, employees, agents, or subcontractors; except as otherwise provided in this Agreement. Claims, liabilities, obligations, losses, expenses (including reasonable attorney and professional fees), judgments, and costs paid or incurred by Clay County, which arise out of its performance or failure to perform its duties under this Agreement, shall be included in the annual Operating Budget of the Facility for the next calendar year, to the extent not covered by insurance proceeds or other proceeds. Section 11.02: Insurance. Clay County may purchase and maintain such insurance as will protect Clay County and other Member Counties against risk of loss or damage to the Facility and Facility site and any improvements located thereon and against claims which may arise from the construction, operation, use, or maintenance of the Facility and any other activities contemplated by this Agreement. Clay County shall follow the provisions of Minnesota Statutes, Chapter 466 for this coverage and limits of liability. Clay County shall also maintain proper limits for Worker’s Compensation coverage in conformance with Minnesota Statutes, Chapter 176. The cost of all insurance coverage shall be included in the annual Operating Budget of the Facility. Section 11.03: Mutual Hold Harmless. Clay County agrees to indemnify and hold the Member Counties harmless from all liability, loss or reasonable expense arising from any negligent act or omission by Clay County, its agents, or employees under this agreement. Each Member County agrees to indemnify and hold Clay County harmless from all liability, loss or reasonable expense arising as a result of any negligent act or omission by the Member County, its agents, employees or clients under this agreement. ARTICLE XII – Uncontrollable Circumstances/Acts of God Section 12.01: Member County Excused Performance. The occurrence of acts or events beyond the reasonable control of a Member County shall excuse that Member County's performance of obligations under this Agreement to the extent that the 11 uncontrollable circumstance materially adversely affects that Member County’s ability to perform. Uncontrollable circumstances shall include but not be limited to the following: a.Acts of God, including, but not limited to floods, ice storms, blizzards, tornadoes, landslides, lightning, earthquakes, unusually severe weather, riots insurrections, war or civil disorder affecting the performance of work blockades, delays or defaults caused by public carriers, power or other utility failure, environmental emergencies, epidemics, fires and explosions; b.The adoption of or change in any Federal, State, or local laws, rules, regulations, ordinances, permits, or licenses, or changes in the interpretation of such laws, rules, regulations, ordinances, permits, or licenses by a court or public agency having appropriate jurisdiction after the date of the execution of this Agreement; c.A suspension, termination, interruption, denial or failure of renewal of any permit, license, consent, authorization, or approval essential to the operation, construction, maintenance or reconstruction of the Facility; d.Orders and/or judgment of any Federal, State, or local court, administrative agency, or governmental body; or e.Strikes or labor disputes. Section 12.02: Member County Termination of Agreement due to Legal Constraints. If legal constraints as described in Sections 12.01(b) or (d) should occur which prevent a Member County from continuing to lawfully place Juveniles in the Facility; that Member County shall be allowed to voluntarily withdraw from the Agreement if: a. The occurrence was beyond the reasonable control of the Member County; and b.The Member County affected actively opposed said change in the law prior to its adoption/change. In the event of withdrawal by any Member County due pursuant to this Section, the Agreement shall remain in full force and effect as to all remaining Member Counties. Withdrawal due to legal constraints shall not act to discharge any liability incurred or chargeable to any Member County before the effective date of withdrawal, however, the withdrawal fee pursuant to Exhibit A shall not be charged. ARTICLE XIII – General Provisions Section 13.01: Entire Agreement, Amendments. This Agreement contains the entire agreement of the Member Counties and shall supersede all oral and written agreements and negotiations by the parties relating to the subject matter of this Agreement; however, it is agreed that Exhibit A will be amended into a final version by Clay 12 County to reflect construction costs of the Facility Expansion and Remodeling Project and interest rates of the debt service when those figures become final. In all other respects, this Agreement may be amended only by written agreement of Member Counties totaling two- thirds (2/3) of all votes; except that the final version of Exhibit A may not be subsequently amended without a unanimous vote of all Member Counties. Section 13.02: Severability. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of the Agreement is for any reason held to be contrary to law or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of this Agreement. Section 13.03: Notice. All notices or communications required or permitted to this Agreement shall be either hand delivered or mailed by U.S. mail, at the following addresses: Clay County: Facility Director West Central Regional Juvenile Center 729 11th Street North Moorhead, MN 56560 Becker County: ___________________ ___________________ ___________________ Douglas County: ___________________ ___________________ ___________________ Grant County: ___________________ ___________________ ___________________ Otter Tail County: ___________________ ___________________ ___________________ 13 Stevens County: ___________________ ___________________ ___________________ Todd County: ___________________ ___________________ ___________________ Traverse County: ___________________ ___________________ ___________________ Wadena County: ___________________ ___________________ ___________________ Wilkin County: ___________________ ___________________ ___________________ Cass County, ND: ___________________ ___________________ ___________________ The addresses listed in this section shall be the authorized representatives of the parties for purposes of sending and receiving notices and communications required or permitted pursuant to this Agreement. Any party may change its address or authorized representative by written notice delivered to the other parties pursuant to this section. 14 Section 13.04: Damages. In the event of a party's failure to perform obligations under this Agreement, that party shall be liable to the other parties for all damages reasonably sustained by the other parties due to such failure. Section 13.05: Failure to Pay. If a Member County's payment due under this Agreement becomes delinquent by 90 days or more, Clay County may refuse to admit juveniles from that Member County until the Member County's account becomes current. Section 13.06: Remedies Cumulative. All remedies provided for herein or otherwise available at law or equity shall be cumulative. The election of any remedy shall not bar other remedies available to the party. Section 13.07: Waiver of Default. The waiver of any default by any party, or the failure to give notice of any default, shall not constitute a waiver of any subsequent default or be deemed to be a failure to give such notice with respect to any subsequent default. The making or acceptance of a payment by any party with knowledge of the existence of a default shall not operate or be construed to operate as a waiver of any subsequent default. Section 13.08: Subcontracts, Assignment. No Member County may subcontract, assign, or otherwise transfer its obligations under this Agreement without consent of all parties to this Agreement, which consent shall not unreasonably be withheld. Section 13.09: Successors. Each Member County binds itself and its successors, legal representatives, and assigns to the other parties and to the partners, successors, legal representatives, and assigns of such other parties, in respect to all rights and obligations under this Agreement. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands on the date written below: (THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK) 15 Dated: BECKER COUNTY By ________________________________________ (print name)________________ , Chairperson ATTESTED BY: Sign___________________________________________ (print) Name: Title:________________ (THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK) 16 Dated: CLAY COUNTY By ________________________________________ Kevin Campbell, Chairperson ATTESTED BY: ___________________________________________ Brian Berg, Clay County Administrator (THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK) 17 Dated: DOUGLAS COUNTY By ________________________________________ (print name)________________ , Chairperson ATTESTED BY: Sign___________________________________________ (print) Name: Title:________________ (THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK) 18 Dated: GRANT COUNTY By ________________________________________ (print name)________________ , Chairperson ATTESTED BY: Sign___________________________________________ (print) Name: Title:________________ (THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK) 19 Dated: OTTER TAIL COUNTY By ________________________________________ (print name)________________ , Chairperson ATTESTED BY: Sign___________________________________________ (print) Name: Title:________________ (THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK) 20 Dated: STEVENS COUNTY By ________________________________________ (print name)________________ , Chairperson ATTESTED BY: Sign___________________________________________ (print) Name: Title:________________ (THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK) 21 Dated: TODD COUNTY By ________________________________________ (print name)________________ , Chairperson ATTESTED BY: Sign___________________________________________ (print) Name: Title:________________ (THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK) 22 Dated: TRAVERSE COUNTY By ________________________________________ (print name)________________ , Chairperson ATTESTED BY: Sign___________________________________________ (print) Name: Title:________________ (THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK) 23 Dated: WADENA COUNTY By ________________________________________ (print name)________________ , Chairperson ATTESTED BY: Sign___________________________________________ (print) Name: Title:________________ (THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK) 24 Dated: WILKIN COUNTY By ________________________________________ (print name)________________ , Chairperson ATTESTED BY: Sign___________________________________________ (print) Name: Title:________________ (THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK) 25 Dated: CASS COUNTY, NORTH DAKOTA By ________________________________________ (print name)________________ , Chairperson ATTESTED BY: Sign___________________________________________ (print) Name: Title:________________ (THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK) Otter Tail County Website Proposal November 20, 2017 Prepared by: Brad Chancellor Prepared for: Otter Tail County SNAPSHOT Otter Tail County is seeking to update its website in order to make it easier to create, collect, and manage content. This goal serves to develop a content rich environment for site visitors to find relevant and important information about the county. Otter Tail County has operated with CivicPlus for several years. With advancing technology and the influence of social media, a new website is needed to align with the goals of the organization and its target audience. Otter Tail County needs a website that functions as a powerful management, marketing, and communications tool to attract new visitors, serve its employees, reinforce its mission, and provide credibility for any potential partnerships. BUSINESS AND AUDIENCE NEEDS Specifically, the new website needs to fulfill the following needs: 1. Include subscriptions that allow visitors to opt in to receiving notifications and updates for specific pages and feeds. 2. Allow for robust search functions so visitors can quickly and easily find needed resources. 3. Provide detailed permissions structure allowing for the control of website edits and content additions. 4. Integrate with external media so that website content can be shared easily in other media streams. This could include popular channels such as Twitter and Facebook. 5. Include a secure portal for employee related materials and communications. 6. Provide an intuitive navigational structure 7. Feature a responsive design that displays beautifully on all devices Ultimately, the new website should be a useful resource for existing clients, potential new clients and potential new partners. 2 Additionally the following "behind the scenes" features will be built into the website: •Regular pings to Google, Yahoo and Bing •Google analytics performance reporting •High speed page loading •Anti-spam features on contact forms •High level security to stop attacks •Daily backups to provide a safety net •Uptime tool to monitor 3rd party integrations for syntax errors •Regular maintenance of the core files and optimization of the database Web hosting services are provided on a monthly or annual basis by CYBERsprout LLC. 3 PROJECT TIMELINE Overall Estimated Duration 6 Months This site will be built over the course of these months in short ‘sprint style’ increments. This will allow for faster and more frequent feedback. It will also make page testing and content migration easier and more manageable reducing complications. It will included the following phases: 1. Review of OnSharp discovery/focus group data 2. Development of minimum viable product 3. Staff and focus group stakeholder user testing 4. Improvements for staff workflow and application of updates 5. Additional staff training and final staff test 6. Department content migration 7. Application brand design 8. Review 9. Testing 10. Deployment 4 INVESTMENT Project Essentials 20,000 The following elements are considered essential to the project: •Development of information architecture into an xml sitemap that is directly tethered to Google and Bing for automatic notification of new content •Development of interactive prototype that will be used for staff testing and feedback •Develop subscriptions feature that allows visitors to opt into certain feeds •Develop RSS feeds for all relevant post types •Add single opt-ins and a subscription center for quick and easy subscriptions •When new entries are posted, a transactional email will be sent to the visitor •Develop a fully functional search engine that includes document indexing, balances the field weights, exclusion, and fuzzy match •Integrate in the social media APIs to automatically post content to Otter Tail County’s Twitter, Facebook, and Linkedin feeds •Develop an employee portal for restricted content and communication •Set up a custom user account role with custom permissions •Restrict content based on user level permissions •Create a custom dashboard based on the user role •Create a custom user roles for specific editing, review, and publishing purposes for specific post types •Design user experience, including behavior flows, navigation, filters, and accessibility •Develop working HTML/CSS website to best practice web standards •Develop responsive breakpoints for tablet and mobile experience •Integrate website into WordPress content management system •Integrate Search Engine Optimization best practices to increase visibility in popular search engines such as Google and Bing •Integrate social media sharing facilities to allow web visitors to share articles with their friends and colleagues on platforms such as Facebook, Twitter and LinkedIn. •Test and debug beta version of website and then launch the website •Integrate a daily remote backup schedule to protect the website •Integrate Google analytics software for continued user interaction tracking •Comprehensive training included Project Total $20,000 The above pricing is effective for 30 days. *The totals above are estimates. The final invoice will reflect time and materials at $95/hour for development work and $75/hour for all other work types. 5 Service Level Agreement Each website also requires a service package to cover the monthly hosting and ongoing expenses related to maintaining the site. A menu of service options can be found below. Monthly Licences Push Notifications 20/month Implementing push notifications allows the website to send communications to visitors who have subscribed to receive updates. For additional features or ongoing work, please request more information. 6 NEXT STEPS To proceed with this project, please take the following steps: 1.Request an electronic partnership agreement from CYBERsprout LLC 2.Electronically sign the agreement Once these steps have been completed we will begin the project with an introduction of all relevant team members and begin the discovery process. 7 FREQUENTLY ASKED QUESTIONS What is information architecture? Information architecture is the relationship of how all the different pages of a website are related to each other. This is communicated to search engines through a sitemap. What is an interactive prototype? An interactive prototype is a black and white version of your website that is designed to show the functionality and features as they will work in the browser. No design elements are applied at this stage as the prototype is just built to allow all parties to make final decisions on the functionality. Why do you use WordPress? WordPress is an open source content management software and currently powers around 25% of all websites on the Internet. The project is contributed to by tens of thousands of developers all over the world and is growing from strength to strength. WordPress allows us to develop flexible and customizable websites to modern standards and observes web development best practices. Furthermore, the community of web developers that use WordPress reaches far and wide and allows us to tap into this collective intelligence and bring that wealth of experience to your project. Where is the website hosted? We will host your website with hardware and software that is specifically tailored for WordPress sites. Who do I call if something goes wrong with the website or I can’t figure something out? Provided you subscribe to one of our ongoing website care plans, we will be your first point of contact should something go wrong with your website. If the issue is with a 3rd party integration, we will reach out and work with their developers. What happens after the website is launched? Once your website is launched, we will provide 30 days of support to make sure any bugs have been ironed out and that you are confident using your new website. After this you will need to subscribe to one of our ongoing website care plans to make sure your website is looked after and maintained. These website care plans include updating your software, regular backups, security checks and making sure your website is online and open for business 24/7/365. 8 How long will it take to appear at the top of Google? The time it takes for your website to appear on page 1 of Google depends on a number of factors. It depends on the search phrase people are using to find your website and the number of other websites that are also available for those search phrases. Nobody can truly say how long it will take for your website to appear at the top of search engine results pages (including people who actually work for Google). However, there are a number of factors that can improve your chances. Building your website on WordPress is a good start as WordPress has great Search Engine Optimization fundamentals built-in. Creating unique and interesting content on a regular basis for your website is also critical to increasing your visibility amongst search engines. Launching your website and then forgetting about it is a surefire way to get lost amongst the noise. We are happy to talk to more about your search engine strategy if we haven’t already. How will I know if anyone is visiting my website? We will install Google analytics software on your new website and show you how to log into your Google analytics account. From there you can see a wide range of statistics about your website including number of visits, pageviews than the amount of time people are spending on your website. Once you subscribe to one of our website care plans you will also receive more detailed analysis about your website performance and recommendations on how to improve. What happens if I want to add some features to the website while you’re building it? While we like to be flexible and responsive to your needs, we also like to deliver what we promise within the time frames and budgets we have allowed. If you ask us to add new features to your website while we are building it, we will most likely ask why. If we all agree that your new request will help us achieve our objectives, then we will be more than happy to oblige. If the new feature is something you would like to add to your website but is not directly tied to your original objectives, then we will suggest to schedule it for a second iteration of the website after launch. This will require a new proposal. 9 Discussion – Acquisition of Tax Forfeited Lands by Fergus Falls HRA and/or the Otter Tail County HRA for Housing Related Purposes –Proposed Acquisitions – Letter Dated – October 24, 2017 – Parcel 74-000-99-0121-000 in Ottertail City–2089 Lake Ave S Letter Dated – November 17, 2017 – Parcel 73-000-99-0272-000 in NYM City – 216 W Nowell Letter Dated – November 17, 2017 – Parcel 73-000-99-0263-000 in NYM City – 104 Frazee Ave Letter Dated – November 17, 2017 – Parcel 73-000-99-0235-000 in NYM City – 218 S. Tousley Letter Dated – November 17, 2017 – Parcel 71-002-99-1936-000 in FF City – 1323 Lenore Way Letter Dated – November 17, 2017 – Parcel 71-002-99-1937-000 in FF City – 1337 Lenore Way Letter Dated – November 17, 2017 – Parcel 71-002-99-1938-000 in FF City – 1353 Lenore Way Letter Dated – November 17, 2017 – Parcel 71-002-99-1941-000 in FF City – 1395 Lenore Way Letter Dated – November 17, 2017 – Parcel 71-002-99-1942-000 in FF City – 1409 Lenore Way Letter Dated – November 17, 2017 – Parcel 71-002-99-1944-000 in FF City – 1340 Lenore Way Letter Dated – November 17, 2017 – Parcel 71-002-99-1945-000 in FF City – 1356 Lenore Way Letter Dated – November 17, 2017 – Parcel 71-002-99-1946-000 in FF City – 1368 Lenore Way Letter Dated – November 17, 2017 – Parcel 71-002-99-1947-000 in FF City – 1382 Lenore Way Letter Dated – November 17, 2017 – Parcel 71-002-99-1949-000 in FF City – 1410 Lenore Way OTTER TAIL COUNTY PLANNING COMMISSION Otter Tail County Government Services Center, 540 West Fir, Fergus Falls, MN 56537 218-998-8095 December 13, 2017 Meeting of the Otter Tail County Planning Commission was held on December 13, 2017 at 6:30 P.M. in the Commissioner's Room, Government Services Center, Fergus Falls, Minnesota. Roll Call: Members Present: Rod Boyer, Brent E. Frazier, Richard Gabe, Bert Olson, David Trites, David Wass and Rick Wilson. Members Absent: Loren Bailey, Jack Rosenthal & Robert Schwartz. Kurt Mortenson represented the County Attorney's Office and Bill Kalar represented the Land & Resource Management Office. Minutes of November 8, 2017: A motion by Gabe, second by Wilson to approve the November 8, 2017 Minutes as presented. Voting: All members in favor. David & Geraldine Maier – Approved As Presented: A Conditional Use Permit Application (as stated by the Applicant on the Application): Proposing to Construct a New Dwelling with an Attached Garage. Currently the access to the property is through neighboring lots which there is no recorded easement to do so. Therefore we are proposing to construct a private driveway off East. Swan Lake Rd. Our project consists of: 1. Removing the existing cabin and placing approximately 11 cubic yards of fill for seeding purposes. 2. Construct a New Dwelling with an Attached Garage which will be slab on grade. Removing approximately 40 cubic yards for footings. 3. Construct a Driveway off East Swan Lake Rd. Need to fill an approximate area of 45.5’ Length (Average) x 24’ Width and 8’ Deep. Total of 323 Cubic Yards. The fill calculations are up to the Road which includes fill being placed in the Road Right of Way. The Driveway will be constructed with Permeable Pavers following the Otter Tail County Permeable Paver Policy. The fill in the RROW will have proper sloping as required by the Township. 4. Proposing to Construct 2 Retaining Walls along the Proposed Driveway up to the RROW. The Retaining Walls will not be located in the RROW per Township request. A. Approx. 20’ Length by 9’ in Height and B. Approx. 31’ Length by 9’ in Height. Total Earthmoving Requested – Approx. 400 Cubic Yards. The proposal is located on Lot 10 of White Swan Beach, Section 29 of Dane Prairie Township; Swan Lake (56-781), RD. Motion – November 8, 2017: A motion by Trites, second by Wilson to Table (at the Applicant’s request) to December 13, 2017, allowing the Applicant the opportunity to provide: 1. A modified plan that confirms conformance with the Impervious Surface requirements in the Shoreland Management Ordinance. 2. A cross section profile that documents the proposed heights of the garage, driveway and any other topographical alterations. 3. A Licensed Engineer’s response addressing the viability of the proposed retaining walls. 4. A drainage plan that documents the proposed drainage towards the lake and neighboring properties. 5. A letter from a Licensed Sewage System Pumper that the proposed holding tank can be properly maintained in its proposed location. 6. A plan that will address potential safety hazards that the proposed retaining walls may create. Note: This additional information must be received by noon on November 27, 2017. Dave Maier and Wayne Welle (contractor) represented the Application. Otter Tail County, Planning Commission December 13, 2017; Page 2 Melinda and Douglas Dewey spoke in favor of the request, indicating it would benefit their lot. Motion: A motion by Trites, second by Wilson to approve as presented. Voting: All Members in favor. “Rush Lake View” / Roger Olsen & Ann Olsen, et al – Approved With A Condition: A Preliminary Plat titled “Rush Lake View”, consisting of 8 Single Family Residential Lots (6 Riparian and 2 Non-riparian), 2 Blocks and a Conditional Use Permit Application (as stated by the Applicant on the Application): Construction of a 900 foot long road with a cul-de-sac to meet County specs. to service Rush Lake View. The proposal is located in Pt NW1/4 NE1/4 & Pt GL (5.15 Acres) and GL 3 & NW1/4 NE1/4 Ex Trs (35.39 Acres), Section 21 of Otto Township; Rush Lake (56-141), GD. Scott Olsen, Ann Olsen and Josh Pfeffer (Meadowland Surveying) represented the Application. Motion: A motion by Wass, second by Trites to approve as presented, provided the access to the lake, for lots 1,2,3,5 & 6 is limited to boardwalks, due to the wetlands. Voting: All Members in favor. “Nesi Park” / Bob & Terri Reutter – Approved With Conditions: A Preliminary Plat titled “Nesi Park”, consisting of 5 Single Family Residential Lots (4 Riparian and 1 Non-riparian), 2 Blocks and a Conditional Use Permit Application (as stated by the Applicant on the Application): In the proposed plat of Nesi Park, we are proposing to construct approximately 2,450 feet of road per Otter Tail County minimum road standards per Appendix III of the Otter Tail County Subdivision Ordinance. The total projected volumes associated with the proposed roads and cul-de-sacs are 2,500 cubic yards of cut and 2,600 cubic yards of fill. The proposal is located in N1/2 of the SE1/4 of the NW1/4 and GLs 2, 3 & 4, Section 17 (90.60 Acres) and Lots 8 & 9, Section 8 (8.65 Acres) of St. Olaf Township; Johnson Lake (56-393), NE. Bob & Terri Reutter and Dave Anderson (Anderson Land Surveying) represented the Application. Written correspondence was read into the record. Tim Mounts indicated that the St. Olaf Town board does not have any objections to the project. Motion: A motion by Trites, second by Frazier to approve as presented provided: 1. All Fish & Wildlife regulations, pertaining to development regarding the eagle’s nest, are followed. 2. The Otter Tail County Highway Engineer’s Office requests identified in the November 22, 2017 letter are followed. 3. No fill is placed into the wetland to provide access to the lake on Lot 2. 4. A center line culvert may be placed in the low area of the proposed road. Voting: All Members in favor. “Ballard Woods” / Gregory R. Ballard – Approved As Presented: A Preliminary Plat of “Ballard Woods” consisting of 8 Non-Residential Non-Riparian Lots, 2 Blocks. The proposal is located in Pt of GL 2, 5 & Pt SE1/4 SW1/4 Com SW Cor (97.88 Acres), Section 07 of Dunn Township; Pelican Lake (56-786), GD. Greg Ballard and Maverick Larson (Compass Consultants, Inc.) represented the Application. Motion: A motion by Wilson, second by Gabe to approve as presented. Voting: All Members in favor. Break: The Commission took a 5-minute break. Otter Tail County, Planning Commission December 13, 2017; Page 3 Daniel & Shannon Schmitz – Approved With Conditions: A Conditional Use Permit Application (as stated by the Applicant on the Application): Clear and area and landscape to get access to lake. Slope from south starting 30 feet from property line, to level with lake scrape about 15 – 20 feet to keep level with lake moving north. Scrape uphill additional 25 – 35 feet to give nice slope back uphill, see photos on file at Land & Resource. 6,300 ft³ of total earth moved. The fill will all come from the land. Request a Residential PUD consisting of 2 RCU’s as shown on drawing. The proposal is located S 165’ of GL 4 & SE1/4 SW1/4 W Hwy #29 Ex Tr (4.20 Acres), Section 22 of Parkers Prairie Township; Adley Lake (56-31), GD. Daniel Schmitz and Ashton Schmitz represented the Application. Motion: A motion by Trites, second by Frazier to approve with the following conditions: 1. The recreational camping units meet the 50’ lot line setback requirement of the Shoreland Management Ordinance. 2. A Storm Water Retention Plan that reduces direct run-off into the lake is approved by Land & Resource Management. Voting: All Members in favor. Patrick Peck – Withdrawal Accepted: A Conditional Use Permit Application (as stated by the Applicant on the Application): Applying for a Conditional Use Permit for proposed construction of a small Solar Wind Hybrid project in Cooperation with Lake Region Electric Cooperative. In summary: the necessary variances have been received from OTC Board of Adjustment; proposed project layout complies with OTC WECS Ordinance: project outside of County Shoreland Management Ordinance area: and project will have minimal impact on the property it is proposed to be constructed on. Energy from this project will be purchased by Lake Region Electric Cooperative, tie directly in to their 12.5KV distribution line running adjacent to the site, require no substation or additional overhead lines. LREC will have the option to own the project in the future allowing them to generate their own, low-cost, clean, renewable energy, helping them hedge long term energy costs and stabilize rates to their members. The proposal is located in the NE1/4 (160.00 Acres), Section 32 of Scambler Township; Non-Shoreland. The Conditional Use Permit Application was withdrawn on November 28, 2017; therefore, the Notice of Public Hearing mailing did not occur. Motion: A motion by Wilson, second by Wass to accept the withdrawal as requested. Voting: All Members in favor. Leaf Lake Partnership – Approved As Presented: A Conditional Use Permit Application (as stated by the Applicant on the Application): Conversion of Leaf Lake Partnership to Residential PUD. Proposed CIC #82 – Existing 7 Units, No proposed change to # of Units. Units 2, 4, & 5 have a proposed roadside expansion to unit area. Building additions maybe subject to Variance or Site Permit. Calculations for open space include said unit expansions. The proposal is located in Pt of Gov’t Lot 2: Commencing at NE corner (2.50 Acres), Section 23 of Leaf Lake Township; Middle/East Leaf Lake (56-116), RD. John Ness and Maverick Larson (Compass Consultants, Inc.) represented the Application. Motion: A motion by Wass, second by Wilson to approve as presented. Voting: All Members in favor. Otter Tail County, Planning Commission December 13, 2017; Page 4 Danny & Stacie Gregoire – Approved As Presented: A Conditional Use Permit Application as stated by the Applicant on the Application): We request to shift the corner north of 26164 Lida Shores Loop farther to the north and onto private property. The property will give easement to Lida Township for maintenance of the new road and ditch alignment. The request to shift this portion of Lida Shores Loop is to provide a smoother transition and safer curve for navigating the roadway. The majority of work completed outside the existing right of way will be ditching. The proposal is located in PT GL 7 COM NW CR L #1 BK 6 LIDA SH NW 71.38' TO PT BG SW 184.19',SLY 394.52',SWLY 143.12',NWLY 369',N 718.34', SE 500' TO PT OF BG EX .48 AC TR (7.05 Acres) Section 10 of Lida Township; Lida Lake (56-747), GD. Zach Cormican & Tyson Hajicek (Moore Engineering) represented the Application. Motion: A motion by Boyer, second by Gabe to approve as presented. Voting: All Members in favor. Adjourn: At 8:15 P.M., Chairman Olson set the Meeting. Respectfully submitted, Marsha Bowman Recording Secretary Solid Waste Fee Schedule 2018 County State Fee:Assessment: Total: Mixed Municipal Waste/Household Waste: Per Ton 90.60$ 15.40$ 106.00$ 13-Gallon White Garbage Bag (Minimum Charge) 1.71$ 0.29$ 2.00$ 30-33-Gallon Black Garbage Bag 2.99$ 0.51$ 4.00$ Full Garbage Can (35 Gallon Garbage Bag or Larger) 4.27$ 0.73$ 5.00$ Cubic Yard (uncompacted) 14.53$ 2.47$ 17.00$ Cubic Yard (compacted) 29.91$ 5.09$ 35.00$ Unsorted Loads: Per Ton 181.20$ 30.80$ 212.00$ Per Cubic Yard (uncompacted) 29.06$ 4.94$ 34.00$ Per Cubic Yard (compacted) 59.83$ 10.17$ 70.00$ Sorting Cost Per Ton 100.00$ 17.00$ 117.00$ Sorting Cost Per Cubic Yard 25.00$ 4.25$ 29.25$ Unprotected Loads: 2.0 Times the Posted Rate Demolition Debris: Per Yard (Pelican Rapids & Battle Lake 3yds or less)9.40$ 0.60$ 10.00$ Minimum (1/2 Yard) 4.70$ 0.30$ 5.00$ Dump Truck (10 yards) 94.00$ 6.00$ 100.00$ Clean Concrete (per yard miniumum, Henning & NEOT only) 5.00$ -$ 5.00$ Clean Shingles (per yard minimum, Henning & NEOT only) 5.00$ -$ 5.00$ Per Yard (mixed demo with shingles or concrete-Henn/NEOT) 14.40$ 0.60$ 15.00$ Electronics: Microwaves 5.00$ N/C 5.00$ Computers (CPU's, laptops, includes keyboard and mouse) 5.00$ N/C 5.00$ Small Electronics (Desktop Printers/Copiers, FAX, DVD, VCR, etc 3.00$ N/C 3.00$ Large (Floor Type Copy Machines, etc.) 50.00$ N/C 50.00$ Televisions/Computer Monitors (<26", tube type) 10.00$ N/C 10.00$ Televisions (>27", tube type) 15.00$ N/C 15.00$ Televisions/Computer Monitors (Flat Screen-All Sizes) 10.00$ N/C 10.00$ Whitegoods: Major Appliances (refrigerator, stove, freezer, etc.) 5.00$ N/C 5.00$ Commercial Appliances (freezers, coolers, etc.) 50.00$ N/C 50.00$ Batteries: Car/Boat/Motorcycle 1.00$ N/C 1.00$ Truck/Tractor 4.00$ N/C 4.00$ Commercial 10.00$ N/C 10.00$ Tires: Small Passenger Tire (Up to 15") 2.00$ N/C 2.00$ Large Passenger Tire (16"+) 3.00$ N/C 3.00$ Small Passenger Tire With Rim (Up to 15") 5.00$ N/C 5.00$ Large Passenger Tire With Rim (16"+) 6.00$ N/C 6.00$ Semi-truck/Trailer Tire 10.00$ N/C 10.00$ Semi-truck/Trailer Tire with Rim 20.00$ N/C 20.00$ Solid Waste Fee Schedule County State Fee:Assessment: Total: Tires (cont.): Tractor (all) 25.00$ N/C 25.00$ Flotation Tire (as quoted) quote N/C quote Miscellaneous: Stuffed Chair 5.13$ 0.87$ 6.00$ Sofa 5.13$ 0.87$ 6.00$ Mattresses 5.13$ 0.87$ 6.00$ Carpeting (per square yard) 0.85$ 0.15$ 1.00$ Propane Tanks (5-20-40 pounds) 4.00$ N/C 4.00$ Scrap Iron & Metal: Refer to Local Scrap Dealer Minimum 1.00$ N/C 1.00$ Cubic Yard 2.50$ N/C 2.50$ Commercial (10 yards) 25.00$ N/C 25.00$ Brush: We only accept 3" to 4" in diameter or less Pickup/Trailer (level box) 5.00$ N/C 5.00$ Dump Truck (10 yards) 20.00$ N/C 20.00$ Per Yard 2.00$ N/C 2.00$ Non Otter Tail County Waste: Non Otter Tail County Waste 3 times the county rate Yard Waste: Must be clean and free of contaminates Free Free Free Haulers License Fees: License Fee (base) 100.00$ N/C 100.00$ License Fee (per truck) 10.00$ N/C 10.00$ Bond 5,000.00$ N/C 5,000.00$ Service Fee: Per Service Fee Point 11.00$ N/C 11.00$ Solid Waste Fee Schedule Solid Waste Fee Schedule 1 State of Minnesota Doc Type: Contract [i-admin9-45 -- Rev. 10/13/16] SWIFT Contract No.:0000000000000000000132169 Agency Interest No.:214727 Activity ID:PRO20170544 STATE OF MINNESOTA JOINT POWERS AGREEMENT FOR THE OPERATION OF A HOUSEHOLD HAZARDOUS WASTE PROGRAM This Agreement is between the State of Minnesota, acting through its Commissioner of the Minnesota Pollution Control Agency, 520 Lafayette Road North, St. Paul, MN 55155 ("State" or "MPCA") and Otter Tail County, 1115 North Tower Road, Fergus Falls, MN 56537 (hereinafter the “Authorized Program”). Recitals WHEREAS, This Agreement is made under the State's authority of Minn. Stat. §§115A.46, 115A.96, 116.03 and 471.59, and under the Authorized Program’s authority of Minn. Stat. §§115A.46, 375.21, 471.59, and Minn. Stat. Ch. 400. WHEREAS, The MPCA is required by Minn. Stat. §115A.96 to establish a statewide program to manage Household Hazardous Wastes (“HHW”). Minn. Stat. §115A.96, Subd. 3, provides that the statewide HHW Program may be provided directly by the MPCA or by contract with public or private entities. WHEREAS, The Authorized Program wishes to partner with the MPCA to provide a HHW program that furthers the goals of protecting the environment and the public health as articulated in the Waste Management Act and the Authorized Program and Participating Counties Solid Waste Plans. The Authorized Program will comply with the terms of this Agreement and all applicable Federal, State and local rules, regulations, ordinances and permit conditions and provide environmentally sound and safe management options for Program Wastes and encourage, to the extent feasible, reduction, reuse, recycling and safe storage and management of Program Wastes. WHEREAS, The parties wish to allocate the risks and responsibilities resulting from operation of the HHW Program, and to incorporate the provisions of Minn. Stat. §115A.96, Subd. 7, into this Agreement. WHEREAS, The parties wish to incorporate payment terms into this Agreement regarding the Authorized Program’s participation in a Product Stewardship Program for architectural paint. 2 NOW, THEREFORE, The parties, for valuable consideration received, make the following Agreement: Agreement 1. Term of Agreement 1.1 Effective date: January 1, 2018, or the date the State obtains all required signatures under Minn. Stat. §16C.05, subd. 2, whichever is later. 1.2 Expiration date: December 31, 2022, unless earlier terminated by law or in accordance with Clauses 23 or 24 of this Agreement. It is the intent of the parties that termination or expiration of this Agreement shall not relieve the parties of the obligations assumed under this Agreement that occur after termination or expiration, including without limitation, the obligations to properly close the Management Facility or Facilities, to pay costs incurred during the term of this Agreement and to defend, indemnify and hold harmless pursuant to Clause 20 of this Agreement. 2. Definitions. Terms as used in this Agreement shall have the following meanings: 2.1 Agency’s Authorized Transporter. A transporter authorized to provide transportation or waste management services pursuant to a State Contract for transportation or management of Program Wastes as referred to in Minn. Stat. §115A.96, Subd. 7. 2.2 Alternative Daily Cover. The use of waste latex paint as an ingredient in daily cover on a permitted land disposal facility. 2.3 Architectural Paint. Interior and exterior coatings listed in the MPCA‐approved PaintCare Architectural Paint Product Stewardship Program plan. 2.4 Authorized Activities. The list of activities contained in Exhibit A that may be performed by the Authorized Program for compensation in accordance with this Agreement. 2.5 Authorized Facility or Authorized Facilities. A facility or facilities authorized by the State of Minnesota to store, blend, treat, reclaim, recycle, incinerate or dispose of Program Waste in accordance with State Administration Contracts and this Agreement. 2.6 Authorized Program. The lead county or governmental unit of a Regional Program that has an Agreement with the MPCA to operate a Household Hazardous Waste Program, as set forth in Exhibit C (“Authorized Programs and Participating Counties”). 2.7 Bulking. The activity of opening individual cans of any product, including architectural paint, and combining them into 55‐gallon drums. 2.8 Collected/Collection. The activity of accepting products from the public at a household hazardous waste Collection Site or Event, and then packing those products for transportation. 2.9 Collection Site. A permanent or temporary designated location with scheduled hours for collection where the public may bring household hazardous wastes, including architectural paint. 2.10 Consolidated Paint. Paint from numerous individual containers that has been mixed together in a 5‐gallon container for reuse. 2.11 Electronic Waste. Devices containing complex circuitry, circuit boards and/or signal processing capabilities for processing and/or displaying information. Electronic waste may 3 include, but is not limited to, computers and computer peripherals and laboratory, communications, audio, video and office equipment. 2.12 Event. A temporary Collection Site that accepts either or both Program Wastes and Program Products for a limited period of time. 2.13 Hazardous Waste. Waste as defined in Minn. Stat. §116.06, Subd. 11. 2.14 Household. Household as defined in Minn. Stat. §115A.96, Subd. 1(a). 2.15 Household Hazardous Waste (HHW). Waste as defined in Minn. Stat. §115A.96, Subd. 1(b). 2.16 HHW Program. The Program operated by the Authorized Program and the MPCA, pursuant to this Agreement, which shall include the following major elements: (1) an HHW Education and Waste Reduction Program; and (2) a Management Facility or Facilities. 2.17 ID Number. The site‐specific identification number that the MPCA obtains for the HHW Program in accordance with Clause 7.2 of this Agreement. 2.18 Internal Transportation. The use of county employees or independent contractors selected by the authorized county to transport Program Products from one Collection Site or Event to be consolidated at another Collection Site or Event. 2.19 Management Facility. One or more permanent, temporary, mobile, satellite, or event collection sites located in the Service Area that accept Program Wastes for proper collection, management and storage. A Management Facility may be publicly or privately owned and/or operated. 2.20 Optional Program Wastes. Wastes listed in Clause 7.3 of this Agreement. 2.21 Participating County. A county or other governmental unit located partially or completely within the Service Area of an Authorized Program that has signed an agreement for participation in the Regional Program. The Participating Counties for this Agreement include those listed in Exhibit C. 2.22 Processing. The bulking, treatment or recycling, and/or disposal of Program Products. 2.23 Processing Facility. A non‐Collection Site where Processing occurs. 2.24 Product Stewardship Program. A product‐centered approach to environmental protection that calls on those in the product life cycle ‐ manufacturers, retailers, users, and disposers ‐ to share responsibility for reducing the environmental impacts of products. 2.25 Program Products. The products collected under the MPCA‐approved PaintCare Architectural Paint Product Stewardship Program plan. 2.26 Program Wastes. HHW and Optional Program Wastes listed in Clause 7.3 of this Agreement. 2.27 Qualified Participating Households. Households that deliver residential Household Hazardous Waste generated within Minnesota to an Authorized Program or Participating County that meet the criteria in Clause 3.3. 2.28 Reciprocal Use Agreements. Agreements entered into by the Authorized Program allowing use of a Management Facility for Program Waste generated outside the Service Area. 2.29 Regional Program. The HHW Program or services provided by two or more counties or governmental units acting jointly to manage a HHW Program. 2.30 Reuse. The activity of providing or donating collected Program Products or Program Wastes to the public for its original purpose. 2.31 Service Area. The area included within the boundaries of the Authorized Program or Regional HHW Program as identified in Exhibit C. 2.32 State Contract. Contracts entered into by the State of Minnesota and that are made available for the off‐site management of HHW generated by Authorized Programs under the State's 4 Cooperative Purchasing Venture established pursuant to Minn. Stat. §16C.03, subdivision 10. Entities eligible to participate under the cooperative purchasing venture are described in Minn. Stat. §16C.105. 2.33 State Administration Contracts. Contracts entered into by the State of Minnesota and that are made available for the management of Program Wastes. These include: H‐69(5) Hazardous Waste Management; H‐79(5) Fluorescent Lamp, Lamp Ballast and Mercury Containing Materials and Residuals Transportation and Management; H‐90(5) Used Electronic and Electronic Component Recycling and Management; Waste Disposal; W‐192(5) Infectious (Biomedical); and H‐94(5) Used Oil, Filter, Absorbent and Antifreeze Management. 2.34 State Contractor Services. Waste management services performed for HHW Program activities and made available by the State of Minnesota through its contracts with waste management firms. Waste management services include supplying materials, receiving and sorting Program Wastes, packaging, repackaging, consulting, training, sampling, analysis, treatment, transportation, storage, recycling, processing and disposal. 2.35 State Hazardous Waste Rules. The Minnesota Pollution Control Agency Rules, Chapters 7045 and 7001. 2.36 State’s Authorized Transporter. Has the same meaning as the Agency’s Authorized Transporter. 2.37 Universal Waste. Universal Waste has the meaning given at Code of Federal Regulations CFR 40, §273.9. Minnesota adopted the Federal Universal Waste Regulations in accordance with Minn. Rules Part 7045.1400. 2.38 Very Small Quantity Generator or VSQG. A Hazardous Waste generator who is classified as a VSQG in accordance with Minn. Rules Part 7045.0206, subp. 4, and who has not lost VSQG status due to quantity of generation or over‐accumulation. 2.39 VSQG Wastes. Hazardous Wastes generated by a VSQG. 2.40 Waste to Energy. The combustion of waste latex paint that cannot be made into recycled content paint to produce energy at a permitted waste combustor. 3. Payment, Reporting and Funding. 3.1 Payment. 3.1.1. The total obligation of the MPCA under this Agreement will not exceed $600,000.00 (Six Hundred Thousand Dollars) annually or $3,000,000.00 (Three Million Dollars) over the contract term, unless additional money becomes available in accordance with Clause 3.1.2. 3.1.2. If the MPCA enters into income agreements with a 3rd party funding entity, or determines that a portion of any grants or additional appropriations received by the MPCA should be provided to the Authorized Program to fund work that is completed by the Authorized Program, the Authorized Program shall be reimbursed per this Agreement, or other allocation formula developed to distribute additional money, at the sole discretion of the MPCA. 3.2 Funding Terms for HHW Program Operation. This Clause describes the method used to determine the amount paid to the Authorized Program for the purpose of reimbursing the Authorized Program and Participating Counties for providing a HHW Program. The Authorized Program may allocate the funding provided by the MPCA among the Participating 5 Counties in any manner agreeable to the Authorized Program and the Participating Counties, without regard to the formula used in Clause 3.3 to calculate total Regional Program funding. The MPCA shall determine, each fiscal year, the total amount to be allocated to the Authorized Programs for providing a HHW Program; the “Base Funding Amount”. The MPCA agrees to reimburse each Regional Program for a portion of its HHW Program expenses each state fiscal year in accordance with the formula in Clause 3.3. The MPCA may periodically adjust the Base Funding Amount payable to the Regional Programs, based on the total funds available to the MPCA. There is no minimum payment guaranteed by this Agreement. Payment amounts are not guaranteed. The Base Funding Amount for each state fiscal year will be determined and communicated to the Authorized Program Representatives by the State’s Authorized Representative (SAR) on or before August 31 of each fiscal year. The Base Funding Amount may vary for each state fiscal year based on the amount the MPCA allocates to the Regional Programs to provide a HHW Program in accordance with Minn. Stat. §115A.96. The MPCA will utilize the HHW Program data submitted by the Authorized Program’s Representative as described in Clause 3.4 below to make payments to the Authorized Program as described in Clause 3.3. The MPCA may allocate uncommitted funds remaining after settlement of MPCA expenses, if any, to the Regional Programs using the formula in Clause 3.3. The MPCA will pay this “Supplemental Funding Amount” in full to the Regional Programs by August 31 after the end of each biennium. If MPCA budgetary reductions occur after payments have been made that result in excessive payments, the Authorized Program agrees to return the excess amount to the MPCA within 60 days of the date of MPCA’s written notice to the Authorized Program of the budget reduction and the excess amount to be returned. 3.3 Funding Formula for HHW Program Operations. The MPCA will determine the reimbursement amount for the Regional Program by allocating the Base Funding Amount as follows: [((Base Funding Amount x ½)/80) x (number of counties in service area)] + [(Base Funding Amount x ½) x (Total Qualified Participating Households delivering waste to the Regional Program/Total Qualified Participating Households delivering waste to all Regional Programs)] The MPCA will determine the supplemental reimbursement amount by allocating the Supplemental Funding Amount as follows: [((Supplemental Funding Amount x ½) / 80) x (number of counties in service area)] + [(Supplemental Funding Amount x ½) x (Total Qualified Participating Households delivering waste to the Regional Program/Total Qualified Participating Households delivering waste to all Regional Programs)] 6 Total Qualified Participating Households are those that meet the following criteria:  One participant will be credited for the waste generated from one household. If more than one household is included in a delivery to a facility or collection, the actual number of households may be counted as qualified participating households, provided proper documentation is kept.  Each of the multiple deliveries from the same participant within a calendar year may be counted.  Participants that only deliver the following wastes will not be counted as Qualified Participating Households: batteries, antifreeze, circuit boards, Polychlorinated Biphenyls (PCBs) ballasts, Cathode Ray Tubes (CRTs) and other electronic devices, fluorescent lamps, used motor oil and filters, mercury thermometers from dedicated thermometer exchange events, compressed gas cylinders, pharmaceuticals, sharps, ammunition and/or fireworks.  Participants that only remove items from product reuse shelves will not be counted as Qualified Participating Households.  Waste that is abandoned at a facility or collection location may be counted as one participant if properly documented. No more than 5% of total participation may be accounted for in this manner.  Participants from HHW collection efforts related to natural disasters will be evaluated by the MPCA for qualification on a case‐by‐case basis.  Very Small Quantity Generators will not be counted. If a Regional Program or Participating County changes or ends Regional Program affiliation during a state fiscal year, reimbursements for the HHW Program will be prorated between the Regional Programs that the Participating County was affiliated with during the fiscal year. Reimbursements will be prorated based on the percentage of the fiscal year that a Participating County was affiliated with a Regional Program and on the number of participants served within each Regional Program. A different method for reallocating reimbursements made by the MPCA may be used with the mutual consent of the MPCA and the affected Regional Programs. 3.4 Annual Reporting for HHW Programs. The Authorized Program shall enter calendar year participation, financial, and waste stream data for its HHW and VSQG Programs into the Agency’s HHW and VSQG Report Database (Database) at least annually. The Database access will be provided by the SAR by December 15 of each year. The Authorized Program will forward access information to all Participating Counties that enter their own HHW Program data, and instruct them on how to enter the data. The Authorized Program Representative will verify that the Program data entered for or by each Participating County is complete and that the participation totals are accurate. Annual data entry shall be completed by April 1 of each year. Upon completion of Regional Program data entry, the Authorized Program’s Representative shall notify the SAR that data entry is complete by submitting to the SAR the signed certification form provided by the SAR. The SAR may review the Regional Program data and may require the Authorized Program or its Participating Counties to make corrections to the data if errors are found. 7 The HHW Program data provided and certified as complete by the Authorized Program on or before April 1 of each year will be considered final. If the Authorized Program does not provide HHW Program data using the access system and certify completion, the Authorized Program will not be eligible for the reimbursement amounts for that fiscal year. If the Authorized Program does not submit and certify Program data from one or more Participating Counties, the amount of the reimbursement received by the Authorized Program will be reduced based on the formulas in Clause 3.3 of this Agreement. The SAR will review and confirm the qualifying participation numbers received from each Authorized Program and reimburse the Authorized Program by June 30 of each state fiscal year. The MPCA shall compile and prepare reports on the statewide HHW Program, including the information received from the Authorized Programs, by December 1 of each year. Reports will be available to the public in accordance with Clause 16 of this Agreement. The MPCA shall provide the Authorized Program Representative with a copy of any reports it prepares for the legislature or other entities that includes data submitted by the Authorized Program. 3.5 Reporting for Authorized Product Stewardship Activities. The Authorized Program shall provide the reporting information outlined in Exhibit B on the forms provided by the Product Stewardship Program. The report form and supporting documentation described in Exhibit B shall be provided to the MPCA and the Product Stewardship Program Representative at the frequency set forth in Exhibit B. Any reporting discrepancies or questions shall be resolved between the Product Stewardship Program Representative and the Authorized Program. Program Products collected from households or businesses not located in Minnesota are not eligible for reimbursement. 3.6 Invoicing for Authorized Product Stewardship Activities. The MPCA will reimburse the Authorized Program for all Authorized Activities listed in Exhibit A in accordance with the associated rates. To receive payment for Authorized Activities, the Authorized Program shall provide the MPCA an invoice for the total amount to be reimbursed for completing the Authorized Activities listed in Exhibit A. The invoice for Authorized Activities shall be submitted to the MPCA in accordance with the schedule in Exhibit B. 3.7 Reimbursement for Authorized Product Stewardship Activities. The MPCA shall prepare a summary invoice representing the total reimbursement to the Authorized Program for completing Authorized Activities. The MPCA shall deliver the summary invoice to the Product Stewardship Program Representative for review and payment in accordance with the schedule in Exhibit B. All invoice discrepancies or questions for specific county invoices shall be resolved between the Product Stewardship Program Representative and the Authorized Program. The Product Stewardship Program shall forward, to the MPCA, payment for work performed for the final‐approved invoice in accordance with the Schedule in Exhibit B. The MPCA shall distribute this payment to the Authorized Program in accordance with the Schedule in Exhibit B. The payment amount for Authorized Activities received by the Authorized Program will constitute the final payment for Authorized Activities for the time period covered by the payment. The Authorized Program is responsible for distributing payments to Participating Counties within the Regional Program. 8 4. Reciprocal Use Agreements. The Authorized Program may enter into Reciprocal Use Agreements with other Minnesota counties or governmental entities to allow the use of its Management Facilities. The Authorized Program may enter into a Reciprocal Use Agreement with a county or governmental entity either within or outside of the State of Minnesota provided the following information is maintained separately by the Authorized Program: County or entity name, the number of participants using the facility and the waste volumes collected. 5. Education and Waste Reduction Program. The Authorized Program shall operate an education and waste reduction program in coordination with the MPCA and in accordance with Minn. Stat. §115A.96, Subd. 6(a). The purpose of the program is to assist and inform the public concerning the proper management, identification, and reduction of Program Wastes. The MPCA shall make education and waste reduction materials available to the Authorized Program. The Authorized Program may work with a Product Stewardship Program to develop, share or use materials with that entity. The Authorized Program and Participating Counties shall not utilize the name of the Product Stewardship Program, their mark, or their logo without first obtaining written consent from the Product Stewardship Program. 6. HHW Program Operations and Training. 6.1 Training. The MPCA and the Authorized Program will jointly develop a training program that may be accessed by Authorized Program staff. This training program may contain information from Product Stewardship Programs or other entities that partner with Counties in managing Program Wastes or Program Products. 6.2 Standard Operating Procedures. The MPCA shall work with the Authorized Program to develop and make available generic standard operating procedures. The Authorized Program shall develop Management Facility specific standard operating procedures based on the generic standards available on the MPCA’s website. The Management Facility specific standards shall not be less restrictive than the generic standards. 7. Waste Acceptance and Management. 7.1 The Authorized Program shall provide for the operation of Management Facilities in accordance with this Agreement and all applicable federal and state rules, regulations, standards, and permit requirements. If a Management Facility is privately owned or operated, the Authorized Program shall require the private owner or operator to meet the conditions and requirements set forth in this Agreement. 7.2 The Authorized Program shall collect, store or otherwise manage HHW and may collect, store or otherwise manage Optional Program Wastes listed in Clause 7.3 below upon obtaining all applicable governmental approvals. The Authorized Program may manage any waste listed below and commingle said wastes with HHW and manage said wastes under the ID Number acquired by the MPCA. The MPCA shall complete the “Notification of Regulated Waste Activity” form and acquire the ID Number solely in the name of the MPCA for each Management Facility that requires an ID Number. The ID Number shall be used for transportation and disposal of all Program Wastes collected at a Management Facility. The Authorized Program may also choose to obtain or retain its own ID Numbers for its Management Facilities, if the wastes are managed in accordance with this Agreement and all applicable rules, regulations, permits and policies. 9 7.3 Program Wastes which may be accepted and commingled with HHW and which may be shipped under the MPCA's ID number include: (a) HHW generated outside the Service Area and which is accepted in accordance with Minn. Rules Part 7045.0310, subp. 6; (b) Hazardous wastes generated by a VSQG; (c) Abandoned wastes that the Authorized Program agrees to manage; (d) Federal Universal Waste, defined in the CFR, title 40, section 273.9, and in Minn. Rules Part 7045.1400 including: fluorescent or high‐intensity discharge lamps, mercury‐ containing devices, pesticides, and batteries; and any additional waste streams added to the Federal Universal Waste list that are adopted by the MPCA during the term of this Agreement; (e) Architectural Paint or Program Products; (f) Electronic Waste; and (g) Latex wastes, used oil and used oil filters, antifreeze, sharps and any other wastes managed under the State Administration Contracts listed in Clause 2.33. However, if the Authorized Program seeks reimbursement under Clauses 3.5 and 3.6, Architectural Paint and Program Wastes may not be commingled. 7.4 At the expiration of this Agreement, or at the time of cancellation of this Agreement by either party, the Authorized Program and its contractor shall cease to use the ID Number acquired by the MPCA. If Hazardous Waste will no longer be manifested from the Management Facility, the MPCA will cancel the ID number. If the Authorized Program plans to continue to manifest Hazardous Waste from a Management Facility the Authorized Program shall, within 7 days of cancellation or non‐renewal, submit a “Subsequent Notification” form to the entity authorized to assign ID Numbers. The Authorized Program shall provide, to the SAR, documentation confirming that the number has been reassigned within 30 days of expiration or cancellation of this Agreement. 7.5 Nothing in this Agreement is intended to preclude the collection, management, or storage of waste which is not Program Wastes at the Management Facility, provided that the Authorized Program neither commingles the waste with Program Wastes nor uses the MPCA’s ID number when shipping said waste. 8. Manifest Signature. The Authorized Program shall provide written documentation to the MPCA demonstrating that its staff and its contractor’s staff have been certified by their employer to sign manifests in accordance with Department of Transportation (DOT) regulations CFR Title 49, §172.704. The Authorized Program shall also provide documentation to the MPCA demonstrating that its staff and its contractor’s staff have been trained and certified to sign manifests in accordance with applicable Hazardous Waste regulations. Documentation shall be in the form of a letter from the employer to the SAR that confirms that staff are certified and trained and shall be signed by the Authorized Program’s Representative. Documentation shall be maintained in accordance with Clause 21 of this Agreement. Authorized Program and contractor staff shall not sign manifests prior to submitting documentation to the MPCA. Waste shipped on a manifest signed by Authorized Program or contractor staff for which documentation has not been submitted prior to signature shall not be covered by the indemnification provided in Clause 20.2 of this Agreement. 10 The Authorized Program shall submit signed manifest copies to regulatory agencies in accordance with applicable manifesting regulations and shall retain copies of manifests as specified in Clause 21 of this Agreement. The Authorized Program shall notify the SAR if manifest copies are not received from the transporter or receiving facility in accordance with Minn. Rules Parts 7045.0351 through 7045.0397. If a Management Facility is privately operated, the Authorized Program shall include a provision in its contract with the private operator that requires the operator to notify the SAR if manifest copies are not received from the transporter or receiving facility in accordance with Minn. Rules Parts 7045.0351 through 7045.0397. 9. Approval to Store Waste More than 90 Days or Receive Waste from another Management Facility. In accordance with Minn. Rules Part 7045.0310, subp. 6, the Authorized Program may request in writing, approval to store Program Wastes for more than 90 days or to accept Program Wastes from other Management Facilities. The Authorized Program shall not store Program Wastes for more than 90 days and/or accept Program Wastes from other Management Facilities until written approval has been received. 10. Alternative Management of Program Wastes. In accordance with Minn. Rules Part 7045.0310, subp. 7, the Authorized Program may request in writing MPCA approval to treat Program Wastes onsite or manage Program Wastes at a facility not regulated pursuant to Minn. Rules Parts 7045.0208, subp. 1, or 7045.0310 (alternative management facility). The Authorized Program shall not treat Program Wastes onsite or deliver Program Wastes to an alternative management facility until written approval is received from the MPCA. Requests for treating waste on‐site should be submitted to the SAR. 11. State Contractor Services. 11.1 The MPCA, through its State Administration Contracts, shall provide for the management, transportation and disposal of Program Wastes from the time that the Program Wastes come into the possession of a State’s Authorized Transporter. The MPCA shall manage all risks associated with the management, transportation and disposal of Program Wastes, from the time that Program Wastes come into possession of the State’s Authorized Transporter, and any time thereafter, to avoid liability to the Authorized Program and any Participating Counties. Said management, transportation and disposal shall be in accordance with all applicable rules, regulations, standards, permit requirements, and this Agreement. 11.2 The MPCA shall make available to the Authorized Program, State Contractor Services and shall require the State’s Authorized Transporter to meet the conditions and requirements set forth in the State Administration Contracts and this Agreement. Except as may be provided in other agreements between the parties, the Authorized Program shall pay for the cost of State Contractor Services in accordance with the terms of the Contracts with the State’s Authorized Transporter. The MPCA shall consult with the counties in the procurement of State Contractor Services and in the development of the terms and conditions of the State Administration Contracts. 11.3 The MPCA agrees to include a clause in any waste management contract developed for use by the HHW Program indemnifying and holding the State, Authorized Program and any Participating County harmless from all liability, obligations, claims, loss and expense, including reasonable attorneys and other professional fees, resulting from the acts of the 11 contractor, its agents, employees or sub‐contractors or obligations assumed by the contractor in said contract. 11.4 The MPCA shall investigate and resolve matters related to the failure of the State’s Authorized Transporters to perform services in accordance with the terms of the State Administration Contracts listed in Clause 2.33. The MPCA shall notify the Authorized Program when it receives notice of a release to the environment by a State’s Authorized Transporter. 11.5 The provisions of Clause 20.2 of this Agreement shall apply to Program Wastes collected pursuant to this Agreement that are transported by the State’s Authorized Transporter. Use of the State’s Authorized Transporter shall constitute use of the Agency’s Authorized Transporter within the meaning of Minn. Stat. §115A.96, Subd. 7. Additionally, the Authorized Program shall be deemed to be using the State’s Authorized Transporter if the Authorized Program contracts directly with the State’s Authorized Transporter and wholly incorporates the terms of a State Administration Contract for State Contractor Services. 11.6 The Authorized Program is encouraged, but not required, to use State Contractor Services for the operation of a Management Facility. If the Authorized Program chooses to use a transporter other than the State’s Authorized Transporter for the management of Program Wastes, the provisions of Clause 20.2 of this Agreement shall not apply to such Program Wastes. The Authorized Program and Participating Counties shall use State Contractor Services for the off‐site management of Architectural Paint or Program Products for which the Authorized Program and Participating Counties seek reimbursement in accordance with Clauses 3.5 and 3.6 of this Agreement. 11.7 The SAR shall provide information to the Authorized Program regarding the location of the State Administration Contracts so that the Authorized Program can readily access State Administration Contracts for transportation and disposal. 12. Required Equipment and Inspections. The Authorized Program shall arrange for the provision, inspection, maintenance and recordkeeping for all the safety equipment, personal protective equipment and other equipment necessary for HHW Program operations. 13. Closure. The Authorized Program is responsible for proper closure of a Management Facility in accordance with all applicable rules and regulations and Clause 7.4 of this Agreement. If approval to accept and store waste has been received pursuant to Clause 9 of this Agreement, the Authorized Program shall arrange for the proper closure of the Management Facility in accordance with the terms of said approval. 14. Product Stewardship. The MPCA shall inform the Authorized Program of projects and opportunities related to product stewardship. The MPCA will support Authorized Program participation by reviewing initiatives and assisting in the resolution of issues that arise with implementation of product stewardship initiatives. The MPCA may, at its sole discretion, provide supplies and public information materials to assist with implementation of product stewardship based efforts. 12 15. Authorized Representatives. The State's Authorized Representative is Jennifer Volkman, HHW Program Coordinator, MPCA, 520 Lafayette Road, St. Paul, MN 55155, jennifer.volkman@state.mn.us, 651‐757‐2801, or her successor. The Authorized Program’s Representative is Zach Fjestad, Interim Solid Waste Director, 1115 North Tower Road, Fergus Falls, MN 56537, zfjestad@co.ottertail.mn.us, 218‐998‐8903, or his successor. 16. Government Data Practices. The Authorized Program and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State or Authorized Program under this Joint Powers Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Authorized Program under the Agreement. The civil remedies of Minn. Stat. §13.08 apply to the release of the data referred to in this Clause by either the Authorized Program or the State. If the Authorized Program receives a request to release the data referred to in this Clause, the Authorized Program must immediately notify the State. 17. Compliance with Laws. All acts performed by the parties under this Agreement shall be performed in accordance with all applicable federal, state and local laws. 18. Dispute Resolution. In the event of a dispute between the parties arising out of this Agreement, either due to alleged non‐ compliance with the terms, or a disagreement regarding the terms, the parties agree to engage in good faith negotiation to resolve the dispute before resorting to legal process. Negotiation may include mediation or arbitration through third parties if both parties agree. Nothing communicated during the course of negotiation, mediation or arbitration may be used against either party in legal process if the dispute is not resolved. 19. Assignment, Amendments, Waiver, and Contract Complete. 19.1 Assignment. The Authorized Program 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. 19.2 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. 19.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party’s right to enforce it. 19.4 No Waiver. Nothing in this Agreement is intended to waive or limit the provisions of the Tort Claims Acts, Minn. Stat. §3.736, or Minn. Stat. Ch. 466, or any other law, legislative or judicial, which limits governmental liability. 19.5 Contract Complete. This Agreement contains all negotiations and agreements between the State and the Authorized Program. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 13 20. Liability and Indemnification. It is the intent of the parties that any liability which may arise as a result of activities contemplated by this Agreement be governed according to the following provisions: 20.1 Liability to third persons. The parties intend that any claims or causes of action by third persons are subject to the limitations upon liability provided by law. Further, nothing in this Agreement is intended to create a cause of action with respect to any third person, except for rights granted to Participating Counties as third party beneficiaries of this Section. 20.2 State Indemnification. The Authorized Program and the State acknowledge and agree that the Authorized Program and any Participating Counties are indemnified by the State as provided for in Minn. Stat. §115A.96, Subd. 7. In the event that Minn. Stat. §115A.96, Subd. 7, is inapplicable to a specific situation, then the State and the Authorized Program agree to be responsible for their own acts and omissions subject to the provisions, limitations, and exclusions of their respective Tort Claims Acts ‐ Minn. Stat. §3.736 for the State and Minn. Stat. Ch. 466 for the Authorized Program. 21. State Audits. Under Minn. Stat. §16C.05, Subd. 5, the County’s books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 22. Governing Law and Venue. 22.1 This Agreement and all statutes and rules cited herein shall be interpreted pursuant to the laws of the State of Minnesota. 22.2 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. 23. Termination. The State or Commissioner of Administration may cancel this Agreement at any time, with or without cause, upon 180 days written notice to the Authorized Program. The Authorized Program may cancel this Agreement, with or without cause, by providing written notification to the State’s Authorized Representative at least 180 days prior to the date of cancellation. 24. 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 herein. Termination must be by written or fax notice to the Authorized Program. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Authorized Program 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 Authorized Program notice of the lack of funding within a reasonable time of the State’s receipt of that notice. 25. E‐Verify Certification (In accordance with Minn. Stat. §16C.075). For services valued in excess of $50,000, the Authorized Program certifies that as of the date of services performed on behalf of the State, the Authorized Program and all its subcontractors will 14 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. The Authorized Program 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 the Authorized Program and made available to the State upon request. 26. Survival of Terms. The following Clauses survive the expiration or cancellation of this Agreement: 7.4 ID numbers; 16 Government Data Practices; 17 Compliance with Laws; 20 Liability and Indemnification; 21 State Audits and 22 Governing Law and Venue. 27. Exhibits. The following Exhibits A, B, and C are attached and incorporated into this Agreement: Exhibit A ‐ Authorized Activity List and Pricing Formulas Exhibit B ‐ Required PaintCare Reporting, and Invoicing Information, and Submittal Dates Exhibit C ‐ Authorized Programs and Participating Counties Exhibit A: Authorized Activity List and Pricing Formulas 1 Authorized Activity Activity DescriptionCosts CoveredShip Collected Program Products Off‐site, Using the State’s Contractor PaintCare agrees to reimburse the Authorized Programs1 through the MPCA for all collected Program Products transported off‐site pursuant to the State Contract H‐692 at the rate specified in the State Contract for the unit volume of collected Program Products managed in accordance with the State Contract. Incidental, Non‐Program Products managed under the State Contracts will be reimbursed by PaintCare. Eligible supplies3 + Mobilization and line item waste stream pricing in the State Contract. The mobilization price shall be adjusted by multiplying the mileage rate by the percent volume of Program Products contained in each shipment. + Line item waste stream pricing from the State Hazardous Waste Management Contract, H‐69 Reuse Rate Per Container PaintCare agrees to pay the Authorized Programs through the MPCA for each container of Program Product that is managed via reuse. $1.35 per container $0.20/lb. Rate includes processing labor only. Reuse Rate Per 5‐Gallon Container of Consolidated Paint PaintCare agrees to pay the Authorized Programs through the MPCA for each 5‐gallon container of paint offered for reuse that is generated by consolidating several individual containers of paint into one 5‐gallon container. $18.90 + The cost of the 5‐gallon container if purchased at a price that is less than the State Contract price Paint Bulking Rate for Oil Based Paint (Not for Reuse) PaintCare agrees to pay the Authorized Programs through the MPCA for every 55‐gallon drum of Program Products that is bulked by the Authorized Program and picked up from a collection site for transportation pursuant to the State Contract H‐69. $114.75 per Bulked 55‐gallon drum Rate includes bulking labor only. Mobilization and management cost for drums and eligible supplies are additional as specified in the “Ship Collected Program Products” off‐site activity. Paint Bulking Rate for Latex Paint (Not for Reuse) PaintCare agrees to pay the Authorized Programs through the MPCA for every 55‐gallon drum of Program Products that is bulked by the Authorized Programs and picked up from a collection site for transportation pursuant to the State Contract H‐69. $90 per Bulked 55‐gallon drum Rate includes bulking labor only. Mobilization and management cost for drums and eligible supplies are additional as specified in the “Ship Collected Program Products” off‐site activity. Exhibit A: Authorized Activity List and Pricing Formulas 2 Authorized Activity Activity DescriptionCosts CoveredHHW Program Internal Transportation Rate for Program Products PaintCare agrees to pay the Authorized Programs through the MPCA to transport collected Program Products between collection facilities or from events to collection facilities. Price includes labor and transport. $1.68/mile4 Per mile rate shall be adjusted by multiplying the mileage rate by the percent volume of Program Products contained in each shipment. 1Authorized Programs are listed in Exhibit C, “Authorized Programs and Participating Counties” 2State Contract H‐69, which is used by Authorized Counties to manage Program Products, is found here: http://www.mmd.admin.state.mn.us/pdf/H‐69(5).pdf 3Eligible supplies include: non‐DOT cubic‐yard boxes, liners, lids and pallets; 55‐gallon drums; 5 gallon containers used to consolidate paint; and totes used for bulking or shipment of Program Products. 4Rate based on data obtained from ATRI at http://atri‐online.org/wp‐content/uploads/2016/10/ATRI‐Operational‐Costs‐of‐Trucking‐2016‐09‐2016.pdf Exhibit B: Required PaintCare Reporting, and Invoicing Information, and Submittal Dates 1 Each report submitted by an Authorized Program, as listed in Exhibit C, “Authorized Programs and Participating Counties”, to MPCA and PaintCare using the form provided by PaintCare shall contain the following information: 1. The date and location of any events held by or on behalf of the Authorized Program or Participating County during the reporting period. 2. For all Collected Program Products managed by an Authorized Program or Participating County during the reporting period: a. The total number of pounds or containers of Program Products (broken down by type ‐ latex vs. oil‐based) managed via Reuse, including Consolidated Paint; b. The total number of gallons of latex Program Products managed as an ingredient for alternative daily cover; c. The total number of gallons of latex Program Products managed via Waste‐to‐Energy; d. The total number of 55‐gallon drums of Bulked Program Products (broken down by type ‐ latex vs. oil) that were picked up from the site pursuant to the State Contract; e. Internal transportation conducted, provide the number of trip miles per truckload, the calculated percentage volume of the truckload that is Program Products, and extended total for reimbursement; f. For off‐site shipments, the shipment date, mobilization and waste management expenses in accordance with Exhibit A; g. For supplies purchased by counties from sources other than the State’s Contractor provide the following information, description of the item (e.g. Drum, box, liner, etc.) number of items, unit cost of item, extended total per item, total cost of supplies; and h. Supporting documents including, but not limited to: supply and waste management invoices for Authorized Activities, reuse inventories and internal transport logs. 3. All estimations used for reporting under this Contract must be calculated according to the following MPCA‐approved unit conversions: Material Conversion gallons to pounds latex paint 10.9 pounds/gallon oil paint 9.4 pounds/gallon items to pounds latex paint 7 pounds/item/gal equivalent Exhibit B: Required PaintCare Reporting, and Invoicing Information, and Submittal Dates 2 oil based paint 6.1 pounds/item/gal equivalent Drums and cubic feet equivalents barrel or drum = 55 gallons latex 1 cubic foot 26 pounds (3.7 cans x 7 lbs.) latex paint 55 gal drum 600 pounds oil paint 1 cubic foot 22.5 pounds (3.7 cans x 6.1 lbs.) oil paint 55 gallon drum 517 pounds Lab Packs: Reported in gross weights. Exhibit B: Required PaintCare Reporting, and Invoicing Information, and Submittal Dates 3 County‐MPCA‐PaintCare Reporting, Invoicing and Payment Schedule  Authorized Programs provide reporting to MPCA and PaintCare; and invoicing to the MPCA  MPCA provides invoicing received from Authorized Programs to PaintCare within 30 days of the County due date.  PaintCare provides payment to MPCA within 60 days of receipt of the invoice from MPCA.  The MPCA provide payments to Authorized Programs within 30 days of receiving payments from PaintCare.  Regional Programs make payments to Participating Counties Party Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Metro Counties Jan 31: 1) Send Dec report with documentation to MPCA & PC 2) Send invoice for July‐Dec to MPCA Feb 28: Send Jan report with doc. to MPCA & PC Mar 31: Send Feb report with doc. to MPCA & PC Apr 30: Send Mar report with doc. to MPCA & PC May 31: Send Apr report with doc. to MPCA & PCJun 30: Send May report with doc. to MPCA & PC Jul 31: 1) Send Jun report with doc. to MPCA & PC 2) Send invoice for Jan‐June to MPCA Aug 31: Send Jul report with doc. to MPCA & PC Sep 30: Send Aug report with doc. to MPCA & PC Oct 31: Send Sep report with doc. to MPCA & PC Nov 30: Send Oct report with doc. to MPCA & PC Dec 31: Send Nov report with doc. to MPCA & PC Regional Programs Jan 31: 1) Send Oct‐Dec report with documentation to MPCA & PC 2) Send invoice for July‐Dec to MPCA Apr 30: Send Jan‐Mar report with doc. to MPCA & PC June 30 Pay Part. Counties for Jul‐Dec Jul 31: 1) Send Apr‐Jun report with doc to MPCA & PC 2) Send invoice for Jan‐Jun to MPCA Oct 31: Send report (Jul‐Sep) to MPCA & PC Dec 31 Pay Part. Counties for Jan‐Jun MPCA Feb 28: Send invoice to PC for July‐Dec May 31: Pay Counties for July‐Dec Aug 31: Send invoice to PC for Jan‐June Nov 30: Pay Counties for Jan‐June PaintCare Apr 30: Pay MPCA for July ‐Dec Oct 30: Pay MPCA for Jan‐Jun Exhibit B: Required PaintCare Reporting, and Invoicing Information, and Submittal Dates 4 Exhibit C: Authorized Programs and Participating Counties 1 Authorized Program and Program Contact Information Authorized Representative Participating Counties; Service Area Anoka County Recycling & Resource Solutions 1530 Bunker Lake Blvd NW Andover, MN 55304 Amy Altman 763‐324‐3479 amy.altman@co.anoka.mn.us Brad Fields, Director, Anoka County Recycling & Resource Solutions 1530 Bunker Lake Blvd NW Andover, MN 55304 Brad.fields@co.anoka.mn.us 763‐324‐3476 Anoka Becker County Land Use Department Environmental Services Division 24413 County HWY 144 Detroit Lakes, MN 56501 Sandy Gunderson 218‐846‐7310 slgunde@co.becker.mn.us Steve Skoog, Land Services Director 915 Lake Ave Detroit Lakes, MN 56501 slskoog@co.becker.mn.us 218‐846‐7310 Becker, Clay, Hubbard, Mahnomen, Norman Blue Earth County Environmental Services P.O. Box 3566, 410 South Fifth Street Mankato, MN 56002‐3566 Ken Frederick 507‐304‐4381 Ken.Frederick@blueearthcountymn.gov Scott Fichtner, Environmental Services Director PO Box 3566, 410 South Fifth Street, Mankato MN 56002‐3566, scott.fichtner@blueearthcountymn. gov, 507‐304‐4381 Blue Earth, Brown, Faribault, Le Sueur, Martin, Nicollet, Watonwan Carver County Environmental Services 600 East Fourth Street, Box 3 Chaska, MN 55318 Bill Fouks 952‐361‐1842 bfouks@co.carver.mn.us Leslie Wilson 612‐388‐6425 lwilson@co.carver.mn.us Greg Boe, Environmental Services Manager Gov. Center, 600 East 4th St. Chaska MN 55318 gboe@co.carver.mn.us 952‐361‐1802 Carver Crow Wing County Solid Waste 15728 State Highway 210 Brainerd, MN 56401‐3575 Doug Morris 218‐824‐1290 doug.morris@crowwing.us Doug Morris, Solid Waste Administrator Same info as first column Crow Wing, Morrison, Todd Dakota County Environmental Resources Department 14955 Galaxie Avenue Apple Valley, MN 55124 Laura Villa 952‐891‐7548 laura.villa@co.dakota.mn.us Georg Fischer, Environmental Resources Director 14955 Galaxie Avenue Apple Valley, MN 55124 Georg.fischer@co.dakota.mn.us 952‐891‐7554 Dakota East Central Solid Waste Commission PO Box 29, Mora MN 55051 Janelle Troupe 320‐679‐4930 , ext 10 Janelletroupe@gmail.com Janelle Troupe, Director ECSWC Same info as first column Chisago, Isanti, Kanabec, Pine Exhibit C: Authorized Programs and Participating Counties 2 Hennepin County Environment & Energy Department 701 Fourth Avenue South, Suite 700 Minneapolis, MN 55415‐1842 Darwin Schulz darwin.schulz@hennepin.us Louisa Tallman 612‐348‐9939 Louisa.tallman@hennepin.us Ryan Gastecki 612‐348‐8994 ryan.gastecki@hennepin.us Rosemary Lavin Hennepin County Environment and Energy Department Director 701 Fourth Ave S., Suite 700, Minneapolis, MN 55415 rosemary.lavin@hennepin.us 612‐348‐8596 Hennepin Kandiyohi County Recycling Center 1400 SW 22nd St., Willmar, MN 56201 Jay Baker 320‐231‐3587 jay_b@co.kandiyohi.mn.us Jay Baker, Program Manager Same info as first column Big Stone, Chippewa, Kandiyohi Lac qui Parle, Meeker, Renville, Swift Lyon County Public Works 504 Fairgrounds Road Marshall, MN 56258 Darron Grahn 507‐532‐8210 darrongrahn@co.lyon.mn.us Darron Grahn, Program Manager Same info as first column Cottonwood, Jackson, Lincoln, Lyon Murray, Nobles, Pipestone, Redwood, Rock, Yellow Medicine McLeod County 1065 5th Avenue SE, Hutchinson MN 55350 Elizabeth Anderson 320‐484‐4322 Elizabeth.anderson@co.mcleod.mn.us Sarah Young, SW Coordinator 1065 5th Avenue SE, Hutchinson MN 55350 Sarah.young@co.mcleod.mn.us 320‐484‐4319 McLeod, Sibley Mower County Environmental Services 1111 8th Ave NE, Austin, MN 55912 Jeff Weaver 507‐437‐9551 jeffw@co.mower.mn.us Jeffrey A. Weaver, Program Manager Same info as first column Freeborn, Mower NW MN Joint Powers Group P.O. Box 186, 324 Park Avenue NW Bagley, MN 56621‐0186 Randall Bodensteiner 218‐694‐2090 rhb@gvtel.com Randall Bodensteiner, Program Manager Same info as first column Beltrami, Cass, Clearwater, Kittson, Lake of the Woods, Marshall, Pennington, Polk, Red Lake, Roseau Olmsted County Environmental Resources 2122 Campus Drive SE, Suite 204 Rochester, MN 55904‐4744 Scott Martin 507‐328‐7078 martin.scott@co.olmsted.mn.us John Helmers, Environmental Resources Director 2122 Campus Drive SE Rochester, MN 55904‐4744 Helmers.john@co.olmsted.mn.us 507‐328‐7070 Dodge, Goodhue, Olmsted, Wabasha Otter Tail County 1115 North Tower Road Fergus Falls, MN 56537 Dave Stadum 218‐736‐2161 dstadum@co.otter‐tail.mn.us Zach Fjestad, Interim Solid Waste Director Otter Tail County 1115 North Tower Road Fergus Falls, MN 56537 zfjestad@co.ottertail.mn.us 218‐998‐8903 Grant, Otter Tail, Stevens, Traverse, Wadena, Wilkin Exhibit C: Authorized Programs and Participating Counties 3 Ramsey County 2785 White Bear Avenue North, Suite 350 Maplewood, MN 55109 John Springman 651‐266‐1199 Ex. 61150 john.springman@co.ramsey.mn.us Pete Miller 651‐266‐1199 Ex. 61151 Pete.miller@co.ramsey.mn.us John Springman, Environmental Health Supervisor Same info as first column Ramsey Rice County Solid Waste Department 3800 East 145th Street Dundas, MN 55019 Paul Pieper 507‐332‐6833 ppieper@co.rice.mn.us Julie Runkel, Environmental Services Director Rice County Solid Waste Department 3800 East 145th Street Dundas, MN 55019 jrunkel@co.rice.mn.us 507‐332‐6833 Rice, Steele, Waseca Scott County Environmental Health 200 Fourth Avenue West Shakopee, MN 55379 Richard Jones 952‐496‐8366 RJones@co.scott.mn.us Kate Sedlacek 952‐496‐8351 KSedlacek@co.scott.mn.us Paul Nelson Natural Resource & Environmental Services Manager 200 Fourth Avenue West Shakopee, MN 55379 PNelson@co.scott.mn.us 952‐496‐8054 Scott Stearns County Environmental Services 3601 5th Street S., Waite Park, MN 56387 Ross Detert 320‐255‐6140 Ross.detert@co.stearns.mn.us Troy Freihammer, Environmental Specialist Stearns County Environmental Services 3601 5th Street S., Waite Park, MN 56387 troy.freihammer@co.stearns.mn.us 320‐656‐6293 Benton, Mille Lacs, Pope/Douglas, Sherburne, Stearns, Wright Washington County Environmental Center 4039 Cottage Grove Drive (Facility/office) Woodbury, MN 55129 Adam Frederick 651‐430‐6702 adam.frederick@co.washington.mn.us Adam Frederick, Program Manager Same info as first column Washington Western Lake Superior Sanitary District 2626 Courtland Street Duluth, MN 55806 Heidi Ringhofer 218‐722‐3336, ext. 317 heidi.ringhofer@WLSSD.com Heidi Ringhofer, Solid Waste Services Director Same info as first column Aitkin, Carlton, Cook, Itasca, Koochiching, Lake, St. Louis Winona County Planning and Environmental Services 225 W Second Street, Winona, MN 55987 Kim Nelson 507‐457‐6405 knelson@co.winona.mn.us Kay Qualley, Panning and Environmental Services Director, 177 Main Street, Winona, MN 55987 KQualley@co.winona.mn.us 507‐457‐6337 Fillmore, Houston, Winona THIS AGREEMENT is between PaintCare, a Delaware Corporation, 901 New York Ave., N.W., Suite 300 West, Washington, D.C. 20001 (“PaintCare”) and the County of Otter Tail_____________, State of Minnesota, 1115 N. Tower Road, Fergus Falls, MN 56537 (“County”). WHEREAS, PaintCare is a stewardship organization appointed by one or more producers of architectural paint to organize, implement and administer a product stewardship plan that meets the program requirements of the Minnesota Architectural Paint Recovery Program, as set forth in Minnesota Statutes Section 115A.1415 (“Program”); and WHEREAS, Minnesota Statute 115A.1415 defines “Architectural Paint” as interior and exterior architectural coatings sold in containers of five gallons or less. Architectural paint does not include industrial coatings, original equipment coatings, or specialty coatings WHEREAS, the County, through its household hazardous waste program, and its very small quantity generator collection program, if applicable, collects architectural paint and utilizes the State’s contractor to manage and transport architectural paint collected from the public; and WHEREAS, PaintCare has an agreement, Contract No. 134167, which may be modified from time to time by amendments and/or successor contracts and which may be identified by different contract numbers, with the Minnesota Pollution Control Agency (“MPCA”) to pay the MPCA for the collection and management of architectural paint by Minnesota counties (collectively referred to as the “PaintCare-MPCA Agreement”), attached as Attachment A and incorporated by this reference; and WHEREAS, the MPCA has an agreement, Contract No. 132169, which may be modified from time to time by amendments and/or successor contracts and which may be identified by different contract numbers, with Minnesota counties to pay each county those funds remitted by PaintCare to MPCA for services related to architectural paint collected by each county (collectively referred to as the “MPCA-County Agreement”) attached as Attachment B and incorporated by this reference; and WHEREAS, to further facilitate compliance with Minnesota Statutes Section 115A.1415, PaintCare desires to enter into an agreement with County for the sole purpose of establishing indemnification rights and obligations and insurance protections; NOW, THEREFORE, PaintCare and the County agree as follows: 1. TERM OF AGREEMENT The term of this Agreement shall run concurrently with the term established in the PaintCare-MPCA Agreement including any amendments. This Agreement shall expire on the date of an early termination of the PaintCare-MPCA Agreement due to any reason. This Agreement shall also expire if County withdraws or is terminated from the Program under the terms of the PaintCare-MPCA Agreement. The indemnification obligations of PaintCare and County incurred under this Agreement will survive beyond the expiration of this Agreement. 2. INDEMNIFICATION Each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. The liability of the County is subject to applicable law. The County shall defend, indemnify, and hold harmless PaintCare, Inc. from and against all claims, suits, demands, obligations, losses, damages (including punitive or exemplary damages), liabilities, expenses (including attorney fees, expenses of litigation, court costs, and reasonable costs of investigation), and causes of action of every kind whatsoever, whether based in contract, tort, statute, common law, or strict liability, which are claimed in any way to result from, arise out of, or be connected with any transportation, management or disposal of architectural paint prior to the time that the architectural paint permanently leaves the County’s possession and comes into the possession of the MPCA’s authorized transporter except during the time that the architectural paint is transported between County facilities by an MPCA authorized transporter. This indemnification obligation by the County does not apply to the extent any claims, suits, demands, obligations, losses, damages, liabilities, expenses, or causes of action result from the negligence, willful misconduct, or breach of this Agreement attributable to PaintCare, its agents, directors, or employees, or attributable to transportation, management or disposal of the architectural paint after the architectural paint permanently leaves the County’s possession and comes into the possession of the MPCA’s authorized transporter or during the time that the architectural paint is transported between County facilities by an MPCA authorized transporter. PaintCare shall defend, indemnify and hold harmless the County from and against all claims, suits, demands, obligations, losses, damages (including punitive or exemplary damages), liabilities, expenses (including attorney fees, expenses of litigation, court costs, and reasonable costs of investigation), and causes of action of every kind whatsoever, whether based in contract, tort, statute, common law, or strict liability, which are claimed in any way to result from, arise out of, or be connected with PaintCare’s performance of its obligations under the PaintCare- MPCA Agreement. This indemnification obligation does not apply to the extent any claims, suits, demands, obligations, losses, damages, liabilities, expenses, or causes of action are proven to result from the negligence, willful misconduct, or breach of the MPCA-County Agreement or the PaintCare-MPCA Agreement attributable to the County, its agents, elected officials, or employees. NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF SUCH POTENTIAL DAMAGES; HOWEVER, NOTHING IN THIS PARAGRAPH CONSTITUTES A LIMIT OF THE PARTIES’ RESPECTIVE INDEMNIFICATION OBLIGATIONS OTHER THAN ANY APPLICABLE LIMITS IMPOSED BY MINNESOTA LAW. 3. INSURANCE 3.1 (MCIT Counties Only) (County Obligation) PaintCare acknowledges that the County is a member of the Minnesota Counties Intergovernmental Trust (MCIT) – a joint-powers entity under Minnesota law. The County agrees to maintain, for the duration of this contract, coverage at the levels and with terms customarily available through MCIT, subject to and in accordance with the following provisions: A) All coverages will be maintained in accordance with the MCIT Coverage Document, as the same may from time to time be amended. B) All coverage will be maintained to be sufficient to meet the maximum liability amounts for Minnesota municipalities set forth in Minnesota Statutes, section 466.04. C) Nothing in the agreement shall be construed as requiring the County to obtain private insurance at any time for any purpose. County will take steps necessary and sufficient to make PaintCare, Inc. an Additional Covered Party under the MCIT Coverage Document, as the same may be amended from time to time, and provide proof of the same. It is understood and agreed that the scope of coverage for PaintCare as an additional covered party is no greater, than the scope of the County indemnification obligation stated in paragraph 2 above. 3.2 (PaintCare) PaintCare at its own expense shall carry and maintain on a continuous basis the following insurance coverage during the term of this Agreement (collectively, “PaintCare Required Insurance”): a. Commercial General Liability insurance written on an occurrence basis covering personal injury, property damage, and bodily injury and death with limits not less than $1,000,000 each occurrence, and $2,000,000 in the aggregate. b. Environmental Pollution Liability Insurance with limits not less than $1,000,000 each occurrence, and $ 1,000,000 in the aggregate. The PaintCare Required Insurance must include the County and its agents, elected officials, and employees as additional insured (by blanket endorsement) PaintCare shall provide a certificate of insurance evidencing insurance complying with the above requirements. Upon receiving a written request from the Service Provider, PaintCare shall provide a certificate of insurance evidencing insurance complying with the above requirements. All PaintCare Required Insurance is subject to audit and review by the MPCA or its designees at any time. 4. NOTICE The County shall notify PaintCare on the same day that it notifies the MPCA or the PCA or other state or federal agency after discovering any release of material at a Collection Site that requires reporting to a governmental authority under state or federal law. 5. RIGHT TO INSPECT The County will maintain and make available to PaintCare, during regular business hours, accurate books and accounting records relating to all amounts invoiced to PaintCare (either directly or via MPCA). The County will permit PaintCare or its designee to audit, examine, and make excerpts and transcripts of such materials during the County’s regular business hours. The County shall maintain such data and records in an accessible location and condition for a period of not less than three (3) years from the generation date of the applicable record or data. PaintCare may inspect, with full access, the County’s Collection Sites during normal hours of operation, as well as any other site where the County manages or stores Program Products. PaintCare will provide the County with at least five (5) business days’ notice prior to any such inspection, and if requested by County, an inspection checklist. County will provide access to records and site inspection within five (5) days of receipt of the notice, or if such timing is not feasible, within a reasonable period of time thereafter not to exceed fifteen (15) days, unless otherwise agreed to by both parties. 6. COLLECTION OPERATIONS PaintCare and County acknowledge that the County, not PaintCare, has direct control over the operations in the County. County shall abide by the Standard Operating Procedures as required in the MPCA-County Agreement. 7. ENTIRE AGREEMENT The entire Agreement between the parties is contained here and this Agreement supersedes all oral agreement and negotiations between the parties relating to the subject matter. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. 8. GOVERNING LAW This Agreement shall be interpreted and construed according to the laws of the State of Minnesota without giving effect to the principles of conflict of laws. All litigation regarding this Agreement shall be venued in a court of competent jurisdiction in the State. Each party consents to personal and subject matter jurisdiction of the courts of the State for all purposes related to this Agreement. 9. COUNTERPARTS This Agreement may be executed in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties have each caused this Agreement to be executed by its duly authorized representative on the day and year set for below. By: _______________________________ _____________________________ Authorized Signatory Authorized Signatory PaintCare Inc. __________ County _________________________ ________________________ Print Name Print Name _________________________ ________________________ Print Title Print Title Date:_____________________ Date:____________________ 1 OTTER TAIL COUNTY BOARD OF COMMISIONERS In the Matter of County Ditch #25 FINDINGS AND ORDER REMOVING PROPERTY FROM DRAINAGE SYSTEM The Otter Tail County Board of Commissioners, Drainage Authority for County Ditch #25, held a public hearing October 24, 2017 on a Petition for Removal of Property from Drainage System. The Drainage Authority, having heard testimony presented, including letters and emails received, having reviewed all the files and proceedings herein, and being fully advised in the premises, makes the following Findings and Order: FINDINGS 1. That by its Order Authorizing the Outlet, dated July 31, 2012 the drainage authority granted the petition of Little McDonald, Paul and Kerbs Lake Improvement District (LMPK LID) to use Ditch #25 as an outlet. 2. That the area and benefits for the LMPK LID outlet area were determined to conform with the amended viewers report, a copy of which was attached to the Amended Findings and Order Establishing Outlet Fee and Determining Benefits for Outlet Area, dated August 26, 2014, and which is on file with the Otter Tail County auditor, and available for viewing on the Otter Tail County website, www.otter-tail.mn.us. 3. That the LMPK LID outlet area has never been connected to Ditch #25. The authority to use the Ditch #25 as outlet was obtained for the possibility of using the system to drain excess waters from the lakes of the LMPK LID. An alternative method for draining the lakes, which does not use Ditch #25, is now being constructed. 2 4. That the waters having been diverted in another direction, the property in the LMPK LID outlet area cannot significantly or regularly use the drainage system. 5. That the LMKP LID outlet area is not benefited by the drainage system. 6. That removing the property from the drainage system will not prejudice the property owners and property remaining in Ditch #25. 7. That the property benefited in the LMPK LID outlet area has been liable for assessments levied on Ditch #25 based on the benefits as if the benefits had been determined in the order establishing the drainage system, pursuant to Minnesota Statutes 103E.401 Subdivision 4, from and after the Order Authorizing the Outlet, dated July 31, 2012. 8. That once the outlet area is removed from the drainage system it will no longer have authority to use Ditch #25, and no further assessments should be made after 2017. ORDER NOW, THEREFORE, IT IS HEREBY ORDERED: 1. That the Little McDonald, Paul, and Krebs Lake Improvement District (LMPK LID) outlet area is removed from Ditch #25, effective December 31, 2017. 2. That the property and benefits for the LMPK LID outlet area which were determined so as to conform with the amended viewers report, a copy of which is attached to the original Amended Findings and Order Establishing Outlet Fee and Determining Benefits and for Outlet Area, dated August 26, 2014 and on file with the Otter Tail County Auditor are the property to be removed. 3 3. That pursuant to Minnesota Statute 103E.805, this order does not release the LMPK LID outlet property from any assessments or liens for cost incurred prior to December 31, 2017. Dated: ____________________ ____________________________________ Doug Huebsch, Chair Otter Tail County Board of Commissioners ATTEST: _____________________________ John Dinsmore, Clerk