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HomeMy WebLinkAboutBoard of Commissioners – Supporting Documents Compiled – 12/03/2024Board of Commissioners & Drainage Authority Supporting Documents OTTER TAIL COUNTY – MINNESOTA BOARD OF COMMISSIONERS’ MEETING & DRAINAGE AUTHORITY MEETING SUPPORTING DOCUMENTS Government Services Center, Commissioners’ Room & Via Livestream 515 West Fir Avenue, Fergus Falls, MN December 3, 2024 | 12:00 p.m. BOARD OF COMMISSIONERS’ SUPPORTING DOCUMENTS 2.1 BOC Minutes for November 19, 2024 2.2 Warrants/Bills for December 3, 2024 2.3 Human Services Warrants/Bills for November 26, 2024, as Approved for Payment by the County Auditor-Treasurer 2.3 Public Health Warrants/Bills for November 26, 2024, as Approved for Payment by the County Auditor-Treasurer 2.4 Human Services Contracts 2.5 Approval of Final Payment - SAP 056-612-013 & Etc to Asphalt Surface Technologies Corp., St. Cloud, MN 2.6 Approval of Final Payment - SP 056-645-009 to Robert R. Schroeder Construction, Inc., Glenwood, MN 3.0 Opioid Settlement Funds RFA Grant Agreements 4.0 Memorandum of Understanding – Post-Employment Health Contribution 4.0 Social Services Supervisor – MnCHOICES 5.0 Joint Powers Agreement with the State of MN & Resolution 6.0 Walking Trailer Purchase 6.0 Parcel Fee Increase Resolution 7.0 NEOT Land Purchase 9.0 2025-2026 Court Appointed Attorneys 9.0 2025 Commissioner Salary & Per Diem 10.0 Koniarski Transportation Advocate Award - Rick West Presenting 10.0 IIJA Technical Assistance Funding Agreement & Resolution - SAP 056-589-001 10.0 Active Transportation Sponsoring Agency Agreement & Resolution - City of Battle Lake 10.0 Out of State Travel Request - NACE Conference 10.0 Highway Department Year End Review 11.0 Penalty Abatement Request- Parcel No. 17-000-99-2053-000 11.0 Penalty Abatement Request- Parcel Nos. 17-000-36-0411-001 & 53-000-99-0501-000 11.0 Otter Tail Water Management District Board Member Appointment/Reappointment 11.0 Transfer of Funds from Capital Improvement Fund to Road and Bridge Fund (Message Board) 11.0 Transfer of Funds from Capital Improvement Fund to Road and Bridge Fund (Skid Steer Loaders) > > > > > > > > > > > > > > > > > > > > > > > > > > Board of Commissioners & Drainage Authority Supporting Documents 11.0 Establish Public Hearing Date and Time Regarding Expanding the Otter Tail Water Management District Membership 12.0 Public Hearing Regarding Property Tax Abatements Related to the Single-Family Tax Rebate Program 13.0 1174 Western Ave Lease Agreement DRAINAGE AUTHORITY SUPPORTING DOCUMENTS 2.1 Drainage Authority Minutes for November 19, 2024 2.2 Warrants/Bills for December 3, 2024 3.0 Ditch 51 – Investigation 3.0 Ditch 25 – DNR Letter for Permission 3.0 Ditch 45 – Culvert Addition > > > > > > > > Board of Commissioners’ Meeting Minutes November 19, 2024 Page 1 of 14 OTTER TAIL COUNTY – MINNESOTA BOARD OF COMMISSIONERS’ MINUTES Government Services Center, Commissioners’ Room & Via Livestream 515 West Fir Avenue, Fergus Falls, MN November 19, 2024 | 8:30 a.m. CALL TO ORDER The Otter Tail County Board of Commissioners convened at 8:30 a.m. Tuesday, November 19, 2024, at the Government Services Center in Fergus Falls, MN. Commissioners Kurt Mortenson, Chair; Lee Rogness, Vice Chair; Dan Bucholz, and Bob Lahman were present with Commissioner Wayne Johnson absent. APPROVAL OF AGENDA Chair Mortenson called for approval of the Board Agenda. Motion by Rogness, second by Bucholz and motion carried to approve the Board of Commissioners’ agenda of November 19, 2024, with the following additions: Out-of-State Conference MICA Update APPROVAL OF CONSENT AGENDA Motion by Lahman, second by Bucholz and motion carried to approve the consent agenda items as presented: 1. November 5, 2024, Board of Commissioners’ Meeting Minutes 2. Warrants/Bills for November 19, 2024 (Exhibit A) 3. Human Services and Public Health Warrants/Bills for November 12, 2024 as Approved for Payment by the County Auditor-Treasurer (Exhibit A) 4. Approval of the Renewal of a Tobacco License for Big Chief INC, Patrick Hofer owner, for the period of January 1, 2025, through December 31, 2025. 5. Approval of the Renewal of a Tobacco License for Carr’s Lake Country Supermarket, Eric Carr owner, for a period of January 1, 2025, through December 31, 2025. 6. Approval of the Renewal of a Tobacco License for Elizabeth General Store, Steven Olson owner, for a period of January 1, 2025, through December 31, 2025. AXON 10-YEAR CONTRACT Motion by Rogness, second by Bucholz and motion carried to approve appropriate County Officials’ signatures to execute a contract between the Otter Tail County Sheriff’s Office and Axon Enterprise, Inc. for 10-year contract for equipment including body cameras, squad cameras, and tasers. Additionally, the contract includes virtual reality and community engagement trainings and report transcription assistance. This long-term contract with Axon provides considerable savings while supporting technological needs of law enforcement and public safety. Board of Commissioners’ Meeting Minutes November 19, 2024 Page 2 of 14 MEMORANDUM OF UNDERSTANDING – ACCOUNTING SPECIALISTS Motion by Lahman, second by Bucholz and motion carried to authorize appropriate County Officials’ signatures to execute two (2) Memorandums of Understanding (MOU) between Otter Tail County and Minnesota Teamsters Public and Law Enforcement Employee’s Union, Local No. 320 representing the Human Services Support Specialists and Public Health Staff and the Government Services Technical Unit to include the B22 grade to the Accounting Specialist positions to better align with similarly classified positions. RECESS & RECONVENE At 8:38 a.m., Chair Mortenson declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board of Commissioners meeting was reconvened at 8:45 a.m. 2025 PROPOSED COUNTYWIDE FEE SCHEDULE Motion by Rogness, second by Bucholz and motion carried to approve the 2025 Countywide Fee Schedule changes, with an effective date of January 1, 2025, as presented by the County Administrator. RECESS & RECONVENE At 8:52 a.m., Chair Mortenson declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board of Commissioners meeting was reconvened at 9:00 a.m. PLANNING COMMISSION RECOMMENDATIONS Aric and Nicole Rude Motion by Bucholz, second by Rogness and motion carried to approve a Conditional Use Permit for property owners Aric & Nicole Rude for shoreland alterations consisting of 828 total cubic yards to build a driveway and foundation pad located to the west of the cul-de-sac on 478th Street, off County Highway 31, Section 27, Dunn Township, Franklin Lake (56-759), RD. Edward A. Smith Revocable Living Trust Motion by Lahman, second by Bucholz and motion carried to approve a Conditional Use Permit for property owner Edward Smith for a Non-Residential CUP for a 6-Unit Storage Building with individual ownership for units with the conditions: 1) any lighting will need to be downward facing, 2) no outside storage and 3) none of the units should be at any time be resided in or used as dwelling or living units. This proposal is located East of 42235 County Highway 1, Ottertail, MN 56571, Section 4, Ottertail Township, Otter Tail Lake (56-242), GD. Century Farms Subdivision Motion by Rogness, second by Bucholz and motion carried to execute an extension of the sixty (60) day review period, as required in MN Statute §15.99 Subd. 2, for the Preliminary Plat and Conditional Use Permit Application for “Century Farms Subdivision”, owned by Century Farms LLC & Vincent Mullen Revocable Living Trust, to an additional sixty (60) days as allowed in MN Statute §15.99 Subd. 3(f) to allow the Environmental Quality Board (EQB) time to evaluate a petition received. The proposals are located East of 31130 317th Street, Underwood, MN 56586, in Section 16, Maine Township, Maine (Round) Lake (56-476), NE and Maine Lake (56-1520), NE. RECESS & RECONVENE At 9:24 a.m., Chair Mortenson declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board of Commissioners meeting was reconvened at 9:32 a.m. Board of Commissioners’ Meeting Minutes November 19, 2024 Page 3 of 14 PREMISE PERMIT – HEART OF THE LAKES CHAPTER ABATE OF MN LG230 APPLICATION TO CONDUCT OFF-SITE GAMBLING OTTER TAIL COUNTY RESOLUTION NO. 2024-99 WHEREAS, the responsibility for the regulation of lawful gambling and the issuance of licenses and permits for the conduct of lawful gambling lies with the Minnesota Gambling Control Board; and WHEREAS, ABATE of MN, will be submitting to the Gambling Control Board an LG230 Application to Conduct Off-Site Gambling at the Silver Moon Lounge & Steakhouse, which is located at the 1117 W Main St, Perham, MN 56573 Perham Township of Otter Tail County; and WHEREAS, the gambling activities allowed under this application would be limited to no more than twelve off- site events each calendar year (March 1, 2025 to March 1, 2026) not to exceed a total of 36 days; and WHEREAS, Minnesota Statute 349.213 provides that the Gambling Control Board may not issue an initial premise permit unless they receive a resolution from the Otter Tail County Board of Commissioners approving the application for a permit; and WHEREAS, the Otter Tail County Board of Commissioners is aware of no reason to oppose the conduct of lawful gambling by ABATE of MN at the Silver Moon Lounge & Steakhouse which is located at the 1117 W Main St, Perham, MN 56573 Perham Township of Otter Tail County. NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby approves the conduct of lawful gambling by ABATE of MN at the Silver Moon Lounge & Steakhouse which is located at the 1117 W Main St, Perham, MN 56573 Perham Township of Otter Tail County. provided the applicant meets all the necessary criteria for the licenses and permits as required by the Gambling Control Board. IT IS FURTHER RESOLVED, that notice of this application and approval shall be provided to the Township of Perham by sending them a copy of this resolution. The motion for the adoption of the foregoing resolution was introduced by Commissioner Bucholz, duly seconded by Commissioner Lahman and, after discussion thereof and upon vote being taken thereon, passed unanimously. Adopted at Fergus Falls, MN this 19th day of November 2024. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: December 3, 2024 By: _________________________________________ Attest: ______________________________ Kurt Mortenson, Board of Commissioners Chair Nicole Hansen, Clerk PREMISE PERMIT – TIP OTTERTAIL CHAPTER INC. BIG PINE LODGE LG230 APPLICATION TO CONDUCT OFF-SITE GAMBLING OTTER TAIL COUNTY RESOLUTION NO. 2024-100 WHEREAS, the responsibility for the regulation of lawful gambling and the issuance of licenses and permits for the conduct of lawful gambling lies with the Minnesota Gambling Control Board; and Board of Commissioners’ Meeting Minutes November 19, 2024 Page 4 of 14 WHEREAS, TIP Ottertail Chapter Inc, will be submitting to the Gambling Control Board an LG230 Application to Conduct Off-Site Gambling at the Big Pine Lodge, which is located at 43606 Mosquito Heights Road, Perham, MN 56573; and WHEREAS, the gambling activities allowed under this application would be limited to no more than twelve off- site events each calendar year (November 24, 2024- November 24, 2025) not to exceed a total of 36 days; and WHEREAS, Minnesota Statute 349.213 provides that the Gambling Control Board may not issue an initial premise permit unless they receive a resolution from the Otter Tail County Board of Commissioners approving the application for a permit; and WHEREAS, the Otter Tail County Board of Commissioners is aware of no reason to oppose the conduct of lawful gambling by TIP Ottertail Chapter Inc at the Big Pine Lodge which is located at 43606 Mosquito Heights Road, Perham, MN 56573, Otter Tail County. NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail County Board of Commissioners hereby approves the conduct of lawful gambling by TIP Ottertail Chapter Inc at the Big Pine Lodge, which is located at 43606 Mosquito Heights Road, Perham, MN 56573, Otter Tail County. provided the applicant meets all the necessary criteria for the licenses and permits as required by the Gambling Control Board. IT IS FURTHER RESOLVED, that notice of this application and approval shall be provided to the Township of Perham by sending them a copy of this resolution. The motion for the adoption of the foregoing resolution was introduced by Commissioner Bucholz, duly seconded by Commissioner Rogness and, after discussion thereof and upon vote being taken thereon, passed unanimously. Adopted at Fergus Falls, MN this 19th day of November 2024. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: December 3, 2024 By: _________________________________________ Attest: ______________________________ Kurt Mortenson, Board of Commissioners Chair Nicole Hansen, Clerk PELICAN RAPIDS SINGLE FAMILY TAX REBATE PROGRAM Motion by Rogness, second by Bucholz and motion carried to authorize participation by Otter Tail County in the City of Pelican Rapids Single-Family Tax Rebate Program, as requested by the City of Pelican Rapids, to support housing goals within their community. The program will offer up to $5,000, not to exceed five years, in property tax rebates to the qualified homeowners. OUT-OF-STATE CONFERENCE Commissioner Mortenson informed the Board that he will be attending an out-of-state conference through Lakes Country Services Cooperative from December 4-7, 2024. Board of Commissioners’ Meeting Minutes November 19, 2024 Page 5 of 14 MICA UPDATE Commissioner Rogness provided a brief update on his recent meeting with Minnesota Inter-County Association (MICA). Rogness reported that MICA is focused on platforms for the upcoming year and noted personnel changes within the organization. RECESS & RECONVENE At 9:41 a.m., Chair Mortenson declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board of Commissioners meeting was reconvened at 9:48 a.m. CERTIFICATION OF EASEMENTS US Fish & Wildlife Service (USFWS) Representatives appeared before the Board and requested certification of two (2) waterfowl management rights easements and nine (9) wildlife habitat protection easements. Documentation was previously submitted regarding the requests. Motion by Rogness, second by Bucholz and motion carried to approve certification for the USFWS to secure the following easements: James and Joan Burkett – Wetland Easement – T. 131 N., R. 43W., 5th P.m.: Section 19, the Northeast Quarter (NE1/4). Darlys Hess Revocable Living Trust – Wetland Easement – T. 132 N., R. 43 W., 5th P.M.: Section 12, Government Lot 3, The West Half of the Northeast Quarter of the Southeast Quarter (W1/2NE1/4SE1/4) and the Northwest Quarter of the Southeast Quarter (NW1/4SE1/4). Gaylan Rockswold Trust and Mary Rockswold Trust – Habitat Easement – T. 131 N., R. 39 W., 5th P.M.: Section 10, Part of the North Half of the Southwest Quarter (N1/2SW1/4), to be determined by a survey. Timothy Hartman – Habitat Easement – T. 131 N., R. 39 W., 5th P.M.: Section 26, Part of the Northwest Quarter (NW1/4), to be determined by a survey. Section 27, Part of the East Half of the Northeast Quarter (E1/2NE1/4), to be determined by a survey. Hvezda Excavating Inc. – Habitat Easement – T. 131 N., R. 38 W., 5th P.M.: Section 2, Part of the Southwest Quarter of the Southeast Quarter (SW1/4SE1/4), to be determined by a survey. Krog Family Revocable Living Trust – Habitat Easement – T. 133 N., R. 43 W., 5th P.M.: Section 12, Part of the Southeast Quarter of the Northwest Quarter (SE1/4NW1/4), to be determined by a survey. Susan K. Leitch and Wayne D. Duenow – Habitat Easement – T. 134 N., R. 42 W., 5th P.M.: Section 33, Part of the East Half of the Northeast Quarter (E1/2NE1/4), to be determined by a survey. Gregory E. Melkert, et al. – Habitat Easement – T. 135 N., R. 43 W., 5th P.M.: Section 33, Part of the Northeast Quarter of the Northwest Quarter of the Southeast Quarter (NE1/4NW1/4SE1/4), to be determined by a survey. Thomas Haugrud (Oscaraade Acres) – Habitat Easement – T. 136 N., R. 44 W., 5th P.M.: Section 12, Part of the South Half of the Southeast Quarter (S1/2SE1/4), to be determined by a survey. Board of Commissioners’ Meeting Minutes November 19, 2024 Page 6 of 14 Michael Vaughan of Otter Tail Crossing, LLC. – Habitat Easement – T. 132 N., R. 37 W., 5th P.M.: Section 19, Part of the Southwest Quarter (SW1/4), the Southeast Quarter (SE1/4), and Northeast Quarter (NE1/4), to be determined by a survey. Section 30, Part of the Northwest Quarter (NW1/4), to be determined by a survey. Michael Vaughan of Otter Tail Crossing, LLC. – Habitat Easement T. 132 N., R. 38 W., 5th P.M.: Section 25, Part of the East Half (E1/2), and Part of the East Half of the Northwest Quarter (E1/2NW1/4), to be determined by a survey. T. 132 N., R. 37 W., 5th P.M.: Section 30, Part of the West Half of the Southwest Quarter (W1/2SW1/4), to be determined by a survey. PUBLIC HEARING Assistant Solid Waste Director Scott Bjerke reviewed the proposed Solid Waste Parcel Fee Increase. Bjerke noted that the proposed parcel fee will go from $16/point to $17/point due to increased operation costs as well as go towards the Capital Improvement Plan goals for the Solid Waste Department. At 10:00 a.m., Chair Mortenson opened the Public Hearing regarding the Solid Waste Parcel Fee Increase. Chair Mortenson asked for comments from the public and no comments were received. The Public Hearing was closed at 10:01 a.m. COMPACTOR PURCHASE FOR RECYCLING AT HENNING Motion by Rogness, second by Bucholz and motion carried to authorize the Solid Waste Department to purchase a Marathon 800XS transfer compactor from DMH Companies using a Sourcewell collective bargaining rate of $258,802.82 for Single Sort Recycling Loadout for the new transfer station in Henning. SET PUBLIC HEARING DATE Motion by Rogness, second by Lahman and motion carried to set the Curbside Single Sort Recycling Ordinance and Implementation Plan Public Hearing for 10:00 a.m. on December 17, 2024 in the Otter Tail Lake Room at the Government Services Center (GSC) during the regularly scheduled Board of Commissioners Meeting. RECESS & RECONVENE At 10:05 a.m., Chair Mortenson declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board of Commissioners meeting was reconvened at 10:16 a.m. PROTECT GRANT APPLICATION ASSISTANCE Motion by Rogness, second by Bucholz and motion carried to authorize appropriate County Officials’ signatures on the PROTECT grant application agreement for CSAH 6 at Nelson Lake with SRF Consulting Group, Inc. in an amount up to $44,752.00 with $30,000 of the cost to be reimbursed through MnDOT’s Infrastructure Investment and Jobs Act (IIJA) technical assistance grant program. TESTING SERVICES AGREEMENT AMENDMENT Motion by Bucholz, second by Lahman and motion carried to authorize appropriate County Officials’ signatures to execute an agreement between Otter Tail County and American Engineering Testing for professional testing services for the Perham Highway Garage project in an amount up to $19,172.00 as presented by the County Engineer. Board of Commissioners’ Meeting Minutes November 19, 2024 Page 7 of 14 ADJOURNMENT At 10:26 a.m., Chair Mortenson declared the Otter Tail County Board of Commissioners meeting adjourned. The next regular Board meeting is scheduled at 8:30 a.m. on Tuesday, December 3, 2024, at the Government Services Center in Fergus Falls and via livestream. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: December 3, 2024 By: _________________________________________ Attest: _______________________________ Kurt Mortenson, Board of Commissioners Chair Nicole Hansen, Clerk Board of Commissioners’ Meeting Minutes November 19, 2024 (Exhibit A) Page 8 of 14 Vendor Name 210 TIRES & TOWING LLC A-OX WELDING SUPPLY CO INC A&A RECYCLING LLC ACORNS-OAK CONSUL TING LLC ALBANY RECYCLING CENTER AMAZON CAPITAL SERVICES INC ANOKA CO TREASURY OFFICE ASSOCIATION OF MN COUNTIES ATS SPECIALIZBD LLC AUTO VALUE FERGUS FALLS AUTO VALUE PERHAM AVENU INSIGHTS & ANALYTICS LLC AXON ENTERPRISE INC BAEZ/ADAM BAKKEf'JJ/JULIE BATTLE LAKE/CITY OF BECKER CO ENVIRONMENTAL SERVICES BRAUN INTERTEC CORPORATION BRAUN VENDING INC BREMSETH/ANDREW BURNS & MCDONNELL Ef\lGINEERING CO BURSKI EXCAVATING INC BUY-MOR PARTS & SERVICE LLC CERTIFIED AUTO REPAIR CHS INC CLEAN SWEEP COMMERCIAL SERVICES OODE 4 SERVICES INC OOLLEGE WAY AUTO OOLUMN SOFTWARE PBC OOOPER'S OFFICE SUPPLY INC CULLIGAN OF ELBOW LAKE CULLIGAN OF WADENA DACOTAH PAPER CO DAILEY ELECTRIC LLC DAKOTA BUSINESS SOLUTIONS INC DAKOTA WHOLESALE TIRE INC DAL TOf'JJ/CITY OF DEER CREEK/CITY OF DENNIS DREWES INC DENT/CITY OF DICK'S STANDARD DOUBLE A CATERING Amount 90.00 140.00 820.00 1,500.00 2,197.57 5,861.63 14,025.00 250.00 9,250.00 154.89 11.99 775.00 10,546.52 1,000.00 43.00 2,230.80 472.00 11,103.80 44.00 94.50 61,062.67 1,350.00 25,352.86 1,671.87 1,600.03 1,395.00 40,584.88 279.44 223.95 7,450.16 36.75 93.42 564.78 497.20 336.00 1,316.20 955.27 1,873.80 76,500.00 734.82 7,200.88 356.60 Board of Commissioners’ Meeting Minutes November 19, 2024 (Exhibit A) Page 9 of 14 Vendor Name EGGE CONSTRUCTION INC ELECTION SYSTEMS & SOFTWARE LLC ELIZABETH/CITY OF ENVIRONMENTAL SENTRY PROTECTION ENVIROTECH SERVICES INC ERHARD/CITY OF ERICA MARTIN COMPANY INC ESRIINC EVCO PETROLEUM PRODUCTS INC EVERTS LUMBER CO EZ OPEN GARAGE DOOR FARGO FREIGI-ITLINEH FARGO GLASS & PAINT CO FERGUS FALLS DAILY JOURNAL FERGUS FALLS/CITY OF FERGUS POWER PUMP INC FERGUS TIRE CENTER INC FIDLAR TECHNOLOGIES INC FIELD/CRISTI FLEET SUPPLY FORCE AMERICA DISTRIBUTING LLC FORTRALLC FORUM COMMUNICATIONS COMPANY GALLS LLC G ILBERTSON/JACE GOPl-'IER STATE ONE CALL GRAINGER INC HENNINGJCITY OF HOMETOWN REPAIR INC HOUSTON ENGINEERING INC INDEPENDENT EMERGENCY SERVICES L INNOVATIVE OFFICE SOLUTIONS LLC J.P. COOKE CO JAKE'S JOHNS LLC JEFFRIESfTRACY KAR~ELA f-lUNT & CHESHIRE PLLP KVERNJTODD KVIDT CREATIVE LLC LAKE COUNTRY GRAPHICS INC LAKE REGION HEAL Tl-'ICARE LAKES ADVERTISING LLC LAKES COMMUNITY COOPERATIVE Amount 6,301.26 27,959.72 1,148.16 14,640.00 9,048.16 679.71 500.00 51,700.00 672.20 136.52 609.00 11,245.92 514.56 3,364.58 4,500.00 31,830.00 786.51 3,686.31 97.15 53.32 737.82 529.08 279.50 3,439.58 105.00 33.75 1,091.20 3,168.92 199.13 16,697.41 86.16 364.62 52.95 340.00 105.00 230.00 180.85 3,000.00 246.00 55.00 700.00 1,176.52 Board of Commissioners’ Meeting Minutes November 19, 2024 (Exhibit A) Page 10 of 14 Vendor Name LAKES COUNTRY SERVICE COOPERATIV LARRY OTT INC LEAF RIVER AG SERVICE LEIGHTON MEDIA -FERGUS FALLS LEXIPOLLLC LOCATORS & SUPPLIES INC M-R SIGN CO INC MARCO TECHNOLOGIES LLC MARCO TECHNOLOGIES LLC MARK SAND & GRAVEL CO MCCONN/CHRISTOPHER MERIC:KEL LUMBER MID.CENTRAL EQUIPMENT INC MIDWEST PRINTING CO MINNESOTA MOTOR COMPANY MN DEPT OF LABOR & INDUSTRY MN DEPT OF NATURAL RESOURCES MN POLLUTION CONTROL AGENCY MN SEEDING CONTRACTORS ASSN MN STATE COMMUNITY & TECHNICAL CC MNCCC LOCKBOX NAPA CENTRAL NARDINI FIRE EQUIPMENT NELSON AUTO CENTER INC NESS BACKHOE INC NEW YORK MILLS/CITY OF NEWBORG/JACOB NEWVILLE/HEATHER NF Fl ELD ABSTRACT CO LLC NORTH CENTRAL INC NORTHL 4.ND FIRE PROTECTION NORTHWEST TIRE INC NOVA FIRE PROTECTION INC NYHUS FAMILY SALES INC OK TIRE OLSEN CHAIN & CABLE CO INC OLSON OIL CO INC OLSON TIRE & OIL OTTER TAIL CO RECORDER OTTER TAIL POWER COMPANY OUTDOOR RENOVATIONS LANDSCAPE & PALMERSHEIM/COLBY Amount 5,400.00 5,850.00 2,137.50 2,943.04 3,131.20 501.85 418.56 2,685.33 3,735.49 14,205.97 486.83 6.38 6.75 85.00 5,230.00 100.00 2,000.00 96,153.74 525.00 2,000.00 24,005.75 868.33 1,337.00 54,240.14 1,250.00 2,305.50 252.00 650.00 250.00 17,881.45 482.00 1,250.13 380.00 808.36 21.20 958.88 66.00 2,015.09 46.00 57.57 2,350.00 219.71 Board of Commissioners’ Meeting Minutes November 19, 2024 (Exhibit A) Page 11 of 14 Vendor Name Amount PARKE RS PRAIRIE/CITY OF 1,232.23 PAW PUBLICATIONS LLC 1,686.41 PELICAN RAPIDS/CITY OF 1,692.33 PERHAM MACHINE & REPAIR INC 352.32 PERHAM/CITY OF 6,712.71 PLUNKETTS VARMENT GUARD 577.00 POPE DOUGLAS SOLID WASTE MANAGE! 625.00 POWERPLAN OIB 11,701.56 PRAIRIE SCALE SYSTEMS INC 10,742.24 PRECISE MRM LLC 1,000.00 PREMIUM WATERS INC 16.49 PRO AG FARMERS CO OP 165.87 PROFESSIONAL DEVELOPMENT ACAD E~ 1,190.00 PSICK CAPITOL SOLUTIONS INC 3,500.00 QUICK'S NAPA AUTO PARTS 45.89 QUICK'S NAPA AUTO PARTS 19.86 QUINLIVAN & HUGHES PA 5,571.60 RDO EQUIPMENT CO 511.44 RED DOT PEST CONTROL 90.00 REGENTS OF THE UNIVERSITY OF MN 103,061.20 RICHVILLE/CITY OF 1,037.94 ROTH/COURTNEY 91.96 ROTHSAY/CITY OF 1,019.56 SCHMITZ BODY PAINT & REPAIR INC 3,530.60 SEA TWORKS LLC 350.00 SERVICE FOOD SUPER YALU 16.77 SHERWIN WILLIAMS 34.97 SHI INTERNATIONAL CORP 1,217.00 SIGN GUYS LLC 705.00 SIGNS PLUS 377.00 SIGNWORKS SIGNS & BANNERS INC 499.00 SIMENGAARD/PAUL 26.53 SQUEEGEE SQUAD 2,245.75 STAPLES BUSINESS CREDlli 212.43 STEINS INC 1,159.34 STEVE'S SANITATION INC 25,465.29 STONEBROOKE ENGINEERING INC 6,309.79 S,,RAND ACE HARDWARE 8.97 S,,REIFELJLEON 1,000.00 STUDSRUD/JUSTIN 1,000.00 SUMMIT FIRE PROTECTION 648.99 SUMMIT FOOD SERVICE LLC 6,968.20 Board of Commissioners’ Meeting Minutes November 19, 2024 (Exhibit A) Page 12 of 14 Vendor Name Tf-llS WEEKS SHOPPING NEWS IBOMSON REUTERS -WEST IBRIFTY WHITE PHARMACY IBUMPER POND RESORT TOM FORD/TRAVIS UNDEHWOOD/CITY OF UNLIMITED AUTOGLASS INC URBANK/CITY OF VERGAS HARDWARE VERGAS/CITY OF VESTIS VESTIS VIKING GARAGE DOOR COMPANY INC VIPOND/GARY WADENAASPHALT INC WALVATNE/DOUGLAS W EINRICH CONSTRUCTION LLC W ELLPATH LLC W ESTh10R INDUSTRIES LLC WIDSETH SMITH NOLTING & ASSOCIATE! WM CORPORA TE SERVICES INC WSB & ASSOCIATES INC ZIEGLER INC Final Total: Amount 174.60 459.07 15.00 282.95 22.91 1,074.67 2,174.62 1,230.83 4.49 2,599.44 56.84 411.19 414.00 93.60 198.00 825.00 27,250.00 54,879.50 263.84 7,143.65 33,974.35 57,328.70 1,764.88 1,150,697.97 Board of Commissioners’ Meeting Minutes November 19, 2024 (Exhibit A) Page 13 of 14 Vendor Name 3RD MILLENNIUM CLASSROOMS AMAZON CAPITAL SERVICES INC BUDKE/JOSIE DEAi/CHRiSTINE DNA DIAGNOSTICS CENTER INC FOREMAN/MICH ELLE HAMAN/ELIZABETH HAUGE/LESLIE KLOEK/ASHLEY LAKEL.\ND AUTO REPAIR LLC MCCLAFLIN/DANA METRO LEGAL SERVICES MINN KOT A ENVIRO SERVICES INC MN DEPT OF HUMAN SERVICES NIELSON/CARIN OLSON/ALIXANDRA OTTER TAIL CO ATTORNEY'S OFFICE OTTER TAIL CO RECORDER OTTER TAIL CO SHERIFF OTTER T All CO TREASURER POTTER/L:ELAN D PREMIER BIOTECH INC QUALITY TOY OT A RARICK/JESSICA SCHOMMER/MICHAEL SEVEN COUNTY PROCESS SERVERS LLC SHIRKEY/KELSEY ULSCHMID/LIZA VAUGHANJKA YLEE VERIZON WIRELESS WAGNER/TARA W EILAND/MEGAN W ENZEL/ERICA Final Total: Amount 75.00 793.19 98.77 107.04 117.00 39.41 404.40 31.00 28.38 61.63 38 .18 60.00 194.70 2,384.61 50.12 12.93 1,644.50 59.00 288.30 19,891.28 117.80 1,733.75 1,019.57 40.00 42.14 75.00 213.05 29.86 95.51 1,787.28 102.67 57.44 26.94 31 ,720.45 Board of Commissioners’ Meeting Minutes November 19, 2024 (Exhibit A) Page 14 of 14 Vendor Name AMAZON CAPITAL SERVICES INC BARKER/MEGANJ CLAY CO HEALTH DEPT OONCEPT CATERING OOOPER'S OFFICE SUPPLY INC ELLISON/REESE FRUSTOUANNE FRUSTOUEMIL Y GIBBS/ANN GUCK/AMY INDEPENDENT CONTRACT SERVICES OF LAKE REGION HEALTHCARE MAGNUSSON/LANE MCKESSON MEDICAL-SURGICAL GOV SC MINNESOTA MOTOR COMPANY MORTENSON OUTDOOR SIGN SOLAND/MIRANDA VAN SANTEN/DANA VERIZON WIRELESS WELCH/AMIE WESTBY/LINDA Final Total: Amount 126.20 91.32 178.87 418.00 2,045.96 15.21 33.50 15.21 66.00 34.84 6,130.81 667.67 83.87 256.66 64.07 795.00 18.00 10.18 850.41 5.36 32.83 11,939.97 COMMISSIONER'S VOUCHERS ENTRIES11/27/2024 csteinbach N Y D 4 N 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?: Paid on Behalf Of Name Explode Dist. Formulas?: 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 11:13:05AM r.:1 INTtGRATCO 11:;:.1 FINANCIAL SYSTEMS COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 11:13:05AM11/27/2024 csteinbach General Revenue Fund Copyright 2010-2024 Integrated Financial Systems 01-112-108-0000-6572 9.35 FILE CABINET KEYS 3305 Repair And Maintenance/ Supplies N 23-705-000-0000-6140 90.00 CDA - PER DIEM 10/29/24 Per Diem Y 23-705-000-0000-6330 38.73 CDA - MILEAGE 10/29/24 Mileage Y 23-705-000-0000-6140 90.00 CDA - PER DIEM 11/13/24 Per Diem Y 50-000-000-0130-6300 135.00 MAINTENANCE PLAN RENEWAL 24-76324 Building And Grounds Maintenance N 50-000-000-0130-6859 1,655.82 ELECTRONICS DISPOSALS 13527 Electronic Disposal N 50-000-000-0140-6291 632.00 ACCT 1478400 NOV 2024 2436835 Contract Transportation N 01-031-000-0000-6406 122.27 A2RJVV5AA0WI1P SUPPLIES 16PV-RDRQ-XNTJ Office Supplies N 01-061-000-0000-6680 344.95 A2RJVV5AA0WI1P WIRELESS BRIDGE 11CT-4YQX-HDRL Computer Hardware N 01-061-000-0000-6406 126.50 A2RJVV5AA0WI1P LAPTOP BAGS 1G4H-7QMR-6F69 Office Supplies N 01-061-000-0000-6680 2,480.00 A2RJVV5AA0WI1P USB-C DOCKS 1L36-WY41-G3TX Computer Hardware N 01-061-000-0000-6406 72.97 A2RJVV5AA0WI1P FLASH DRIVES 1MKN-GG6J-47ND Office Supplies N 01-091-000-0000-6406 46.41 A2RJVV5AA0WI1P SUPPLIES 1XRG-XW73-YC3R Office Supplies N 01-112-101-0000-6572 99.96 A2RJVV5AA0WI1P WATER FILTERS 17JC-46JX-4637 Repair And Maintenance/ Supplies N 01-112-108-0000-6572 17.20 A2RJVV5AA0WI1P RELAY 17L1-9HR7-F177 Repair And Maintenance/ Supplies N 01-112-000-0000-6487 63.96 A2RJVV5AA0WI1P LEATHERMAN 1CR3-7CMP-WRPT Tools & Minor Equipment N 01-201-000-0000-6406 30.52 A2RJVV5AA0WI1P SUPPLIES 13QM-LQTN-H1KY Office Supplies N 01-201-000-0000-6492 100.18 A2RJVV5AA0WI1P BOARD/EASEL 1CJ4-C7LQ-LRKF Police Equipment N 01-201-000-0000-6406 137.74 A2RJVV5AA0WI1P SUPPLIES 1LXQ-G3P4-49YD Office Supplies N 01-201-000-0000-6406 19.58 A2RJVV5AA0WI1P CARD READER 1TG3-JWWP-7NNX Office Supplies N 01-201-000-0000-6526 195.91 A2RJVV5AA0WI1P UNIFORM ITEMS 1TNQ-3NQ4-PGHG Uniforms N 01-201-000-0000-6406 36.98 A2RJVV5AA0WI1P ENVELOPES 1VC3-VDG7-49N3 Office Supplies N 5 A-1 LOCK & KEY 9.355 6297 ACKERSON/JEFF 218.736297 8952 AIRE SERV OF LAKES COUNTRY 135.008952 14813 ALBANY RECYCLING CENTER 1,655.8214813 7588 ALEX RUBBISH & RECYCLING INC 632.007588 14386 AMAZON CAPITAL SERVICES INC Page 2Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 1 Transactions 3 Transactions 1 Transactions 1 Transactions 1 Transactions - A-1 LOCK & KEY ACKERSON/JEFF AIRE SERV OF LAKES COUNTRY ALBANY RECYCLING CENTER ALEX RUBBISH & RECYCLING INC Otter Tail County Auditor BURNS & MCDONNELL ENGINEERING CO INC COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 11:13:05AM11/27/2024 csteinbach General Revenue Fund Copyright 2010-2024 Integrated Financial Systems 01-201-000-0000-6406 90.32 A2RJVV5AA0WI1P SUPPLIES 1VD1-94W9-FPR9 Office Supplies N 01-201-000-0000-6526 81.75 A2RJVV5AA0WI1P UNIFORM ITEMS 1WC4-7L7R-7CQL Uniforms N 01-250-000-0000-6406 124.80 A2RJVV5AA0WI1P SUPPLIES 13RH-XMF7-F7TC Office Supplies N 01-250-000-0000-6526 178.94 A2RJVV5AA0WI1P BLACK SHOES 1DFK-VLNH-3CXG Uniforms N 10-301-000-0000-6406 85.99 ACCT #A2RJVV5AA0WI1P - SUPPLIE 1YLF-1MCG-4Q44 Office Supplies N 10-302-000-0000-6500 33.36 ACCT #A2RJVV5AA0WI1P - SUPPLIE 1MF4-WHK1-WYHV Supplies N 50-000-000-0000-6981 34.04 A2RJVV5AA0WI1P TRASH CAN BANDS 1XCT-MCD4-1LJ9 Organic Grant Expense N 01-013-000-0000-6262 590.00 56-JV-24-470 ENS APPEAL 00867 Public Defender Y 01-280-000-0000-6242 80.00 2024 STRATEGIC PLAYGROUND 70903.00 Registration Fees N WALETZKO/PATRICK11184 10-303-000-0000-6242 125.00 2024 IMPLEMENTING CONTINOUS IM 71259.00 Registration Fees N 01-013-000-0000-6262 291.43 CLIENT SERVICES OCT 2024 OCT2024 Public Defender Y 50-399-000-0000-6300 2,223.46 OTCTYSW MAINT HEATING EQUIP W18951 Building And Grounds Maintenance N 01-061-000-0000-6330 40.74 MILEAGE - TRIPS TO COURTHOUSE OCT2024 Mileage N 50-000-000-0130-6276 8,834.26 ENGINEERING SVCS MAY 2024 154271-6 Professional Services N 01-063-000-0000-6367 68.34 ABSENTEE BALLOT BOARD MILEAGE 11/5/24 Election Judge Costs Y 3,834.4314386 6207 ANNE M CARLSON LAW OFFICE PLLC 590.006207 30171 ASSOCIATION OF MN COUNTIES 205.0030171 15262 AVERY, ATTORNEY AT LAW/JILL 291.4315262 5058 BDT MECHANICAL LLC 2,223.465058 5234 BRUTLAG/STEVE 40.745234 15803 8,834.2615803 16283 BURT/RONALD Page 3Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 22 Transactions 1 Transactions 2 Transactions 1 Transactions 1 Transactions 1 Transactions 1 TransactionsBURNS & MCDONNELL ENGINEERING CO INC AMAZON CAPITAL SERVICES INC ANNE M CARLSON LAW OFFICE PLLC ASSOCIATION OF MN COUNTIES AVERY, ATTORNEY AT LAW/JILL BDT MECHANICAL LLC BRUTLAG/STEVE Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 11:13:05AM11/27/2024 csteinbach General Revenue Fund Copyright 2010-2024 Integrated Financial Systems 01-063-000-0000-6367 1,921.50 ABSENTEE BALLOT BOARD HOURS 11/5/24 Election Judge Costs Y 01-250-000-0000-6452 90.50 ACCT OTTER ORANGE SOCKS 0383848-IN Prisioners Clothing Cost N 01-112-108-0000-6342 575.00 WINDOW CLEANING OCT 2024 PA 048664 Service Agreements Y 01-201-000-0000-6408 122.80 ACCT 15922 SERVICES FOR JOKO 227053 Canine Supplies N 10-000-000-0000-2270 250.00 2023-05 WORKING IN ROW REFUND PERMIT #2023-0 Customer Deposits N 01-041-000-0000-6406 181.87 ACCT 2189988030 SUPPLIES 469536 Office Supplies N 01-201-000-0000-6677 1,573.94 ACCT 2189988555 INSTALL 469395 Office Furniture And Equipment-Minor N 01-061-000-0000-6202 1,143.45 WEB SITE SUPPORT SERVICES 303334 County Website N 01-250-000-0000-6526 42.00 GLOVES FOR CERT 11/5/24 Uniforms N 01-123-000-0000-6140 270.00 BA - PER DIEM 11/14/24 Per Diem Y 01-124-000-0000-6330 113.90 BA - MILEAGE 11/14/24 Mileage Y 1,989.8416283 14840 CHARM-TEX INC 90.5014840 12058 CLEAN SWEEP COMMERCIAL SERVICES 575.0012058 32659 COMPANION ANIMAL HOSPITAL 122.8032659 12394 COMSTOCK/MICHAEL 250.0012394 32603 COOPER'S OFFICE SUPPLY INC 1,755.8132603 9018 D & T VENTURES LLC 1,143.459018 16862 DAVENPORT/TYLER 42.0016862 15993 DONOHO/MICHAEL 383.9015993 Page 4Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 2 Transactions 1 Transactions 1 Transactions 1 Transactions 1 Transactions 2 Transactions 1 Transactions 1 Transactions 2 Transactions BURT/RONALD CHARM-TEX INC CLEAN SWEEP COMMERCIAL SERVICES COMPANION ANIMAL HOSPITAL COMSTOCK/MICHAEL COOPER'S OFFICE SUPPLY INC D & T VENTURES LLC DAVENPORT/TYLER DONOHO/MICHAEL Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 11:13:05AM11/27/2024 csteinbach General Revenue Fund Copyright 2010-2024 Integrated Financial Systems 01-063-000-0000-6369 2,510.00 ONLINE ELECTION JUDGE TRNG 13734 Miscellaneous Charges N 01-091-000-0000-6281 38.25 56-CR-24-2262 TRANSCRIPT FEE DRE10093 Court Case Expenses Y 01-063-000-0000-6232 2,856.44 ACCT 33240 PRE-MARKED TEST CD2104672 Printing-Ballots N 01-063-000-0000-6232 4,845.25 ACCT 33240 ED ADDT'L BALLOTS CD2109282 Printing-Ballots N 02-218-000-0000-6369 5,865.00 LODGING - K-9 TRAINING AUG-NOV 12/3/24 Miscellaneous Charges N 01-061-000-0000-6171 10,000.00 FLEX TRAINING PROGRAM 947304 Tuition And Education Expenses N 10-304-000-0000-6300 195.00 SERVICE - DOOR OPENING ON IT O 70773 Building And Grounds Maintenance N 01-002-000-0000-6240 284.62 BOC MINUTES 10/22/24 A571853B-0044 Publishing & Advertising N 50-399-000-0000-6300 29.19 ACCT 6402 SUPPLIES 181600 Building And Grounds Maintenance N 50-399-000-0000-6300 19.90 ACCT 6402 ROPE CLIPS 182287 Building And Grounds Maintenance N 10-302-000-0000-6350 1,687.50 JETTING SERVICE 53838 Maintenance Contractor N 10-302-000-0000-6350 1,485.00 VAC TRUCK SERVICE 53839 Maintenance Contractor N 10609 DS SOLUTIONS INC 2,510.0010609 5430 EIFERT/DANA 38.255430 2581 ELECTION SYSTEMS & SOFTWARE LLC 7,701.692581 17003 ERICKSON/MICHELLE 5,865.0017003 17536 EXITCERTIFIED 10,000.0017536 14552 EZ OPEN GARAGE DOOR 195.0014552 35011 FERGUS FALLS DAILY JOURNAL 284.6235011 5322 FERGUS HOME & HARDWARE INC 49.095322 2153 FERGUS POWER PUMP INC Page 5Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 1 Transactions 1 Transactions 2 Transactions 1 Transactions 1 Transactions 1 Transactions 1 Transactions 2 Transactions DS SOLUTIONS INC EIFERT/DANA ELECTION SYSTEMS & SOFTWARE LLC ERICKSON/MICHELLE EXITCERTIFIED EZ OPEN GARAGE DOOR FERGUS FALLS DAILY JOURNAL FERGUS HOME & HARDWARE INC Otter Tail County Auditor FOTH INFRASTRUCTURE & ENVIRONMENT LLC COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 11:13:05AM11/27/2024 csteinbach Solid Waste Fund Copyright 2010-2024 Integrated Financial Systems 50-000-000-0120-6291 1,579.00 HAULING CHARGES 53861 Contract Transportation N 50-000-000-0170-6291 7,510.00 HAULING CHARGES 53861 Contract Transportation N 50-000-000-0120-6291 1,185.00 HAULING CHARGES 53887 Contract Transportation N 50-000-000-0170-6291 4,720.00 HAULING CHARGES 53887 Contract Transportation N 50-399-000-0000-6291 2,370.00 HAULING CHARGES 53861 Contract Transportation N 50-399-000-0000-6291 1,185.00 HAULING CHARGES 53887 Contract Transportation N 10-302-000-0000-6505 8,465.33 WINTER SAND - TONS - HENNING 1306 Aggregates N 10-302-000-0000-6505 9,255.95 WINTER SAND - TONS - BATTLE LA 1307 Aggregates N 10-302-000-0000-6511 9,503.98 HOT MIX 1308 Bituminous Mix N 01-124-000-0000-6140 180.00 PC - PER DIEM 11/13/24 Per Diem Y 01-124-000-0000-6330 72.36 PC - MILEAGE 11/13/24 Mileage Y 01-250-000-0000-6526 55.00 PANTS 11/2/24 Uniforms N 01-063-000-0000-6240 1,525.00 ACCT MP46896 NOTICE TO VOTERS MP468961024 Publishing & Advertising N 50-000-000-0120-6276 707.61 HENNING TECH/GW SERVICES 92151 Professional Services N 50-000-000-0130-6276 9,357.04 NEOT TECH/GW SERVICES 92152 Professional Services N 01-124-000-0000-6140 180.00 PC - PER DIEM 11/13/24 Per Diem Y 01-124-000-0000-6330 132.66 PC - MILEAGE 11/13/24 Mileage Y 21,721.502153 12468 FERGUSON ASPHALT PAVING INC 27,225.2612468 15555 FISCHER/JUDD 252.3615555 2967 FLODEN/BRENT 55.002967 14517 FORUM COMMUNICATIONS COMPANY 1,525.0014517 387 10,064.65387 13304 FRAZIER/BRENT 312.6613304 Page 6Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 8 Transactions 3 Transactions 2 Transactions 1 Transactions 1 Transactions 2 Transactions 2 Transactions FOTH INFRASTRUCTURE & ENVIRONMENT LLC FERGUS POWER PUMP INC FERGUSON ASPHALT PAVING INC FISCHER/JUDD FLODEN/BRENT FORUM COMMUNICATIONS COMPANY FRAZIER/BRENT Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 11:13:05AM11/27/2024 csteinbach General Revenue Fund Copyright 2010-2024 Integrated Financial Systems 01-201-000-0000-6304 795.31 REPLACE TIRES ON ASSET 05034 353692 Repair And Maintenance Y 01-201-000-0000-6304 786.34 REPLACE TIRES ON ASSET 13898 353692 Repair And Maintenance Y 01-201-000-0000-6304 115.00 SWAP WHEELS/TRACKS ON RANGER 353722 Repair And Maintenance Y 01-031-000-0000-6276 400.00 ACCT 46880 CONSULTING SERVICES 2024037886 Professional Services N 01-201-000-0000-6526 9.03 ACCT 1002151493 KEY CLIP 029425402 Uniforms N 01-201-000-0000-6526 116.82 ACCT 1002151493 SHIRT & APPS 029478553 Uniforms N 01-201-000-0000-6392 1,054.12 ACCT 1002151493 MICROPHONES 029560382 Mobile Field Force N 01-201-000-0000-6392 880.88 ACCT 1002151493 MASK ADAPTERS 029560391 Mobile Field Force N 01-201-000-0000-6526 23.64 ACCT 1002151493 KNIT CAP 029572266 Uniforms N 01-201-000-0000-6526 38.73 ACCT 1002151493 APPLICATIONS 029583858 Uniforms N 01-201-000-0000-6526 15.90 ACCT 1002151493 CAPS 029583862 Uniforms N 01-201-000-0000-6526 127.07 ACCT 1002151493 RAIL MOUNT 029583874 Uniforms N 01-201-000-0000-6526 49.13 ACCT 1002151493 K9 ID TAGS 029610858 Uniforms N 01-250-000-0000-6526 291.69 ACCT 5287917 STRYKE PANTS 029547628 Uniforms N 01-250-000-0000-6526 192.95 ACCT 5287917 BOOTS 029646769 Uniforms N 01-205-000-0000-6273 1,050.00 TRANSPORT - 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PER DIEM 11/14/24 Per Diem Y 01-123-000-0000-6330 157.45 BA - MILEAGE 11/14/24 Mileage Y 23-705-000-0000-6140 90.00 CDA - PER DIEM 10/29/24 Per Diem Y 23-705-000-0000-6330 43.15 CDA - MILEAGE 10/29/24 Mileage Y 23-705-000-0000-6140 90.00 CDA - PER DIEM 11/6/24 Per Diem Y 01-149-000-0000-6354 72.00 ACCT 1140 ADD PROP 12034 Insurance Claims N 10-304-000-0000-6565 39.88 ACCT #169824 - GEAR LUBE 10238677 Fuels - Diesel N 10-304-000-0000-6572 237.01 ACCT #169824 - PARTS 10253903 Repair And Maintenance Supplies N 10-304-000-0000-6572 552.52 ACCT #169824 - PARTS 10254706 Repair And Maintenance Supplies N 10-304-000-0000-6572 176.85 ACCT #169824 - PARTS 10267332 Repair And Maintenance Supplies N 10-304-000-0000-6572 162.52 ACCT #169824 - PARTS 10279751 Repair And Maintenance Supplies N 10-304-000-0000-6572 68.18 ACCT #169824 - SUPPLIES 10279988 Repair And Maintenance Supplies N 01-013-000-0000-6276 2,250.00 PSYCH EVAL - 56-JV-24 VT 10/16/24 Professional Services 6 01-031-000-0000-6342 59.00 ACCT 1143-12 SHREDDING SERVICE 457037 Service Agreements N 2,414.862721 11988 MARK/KIM 657.5711988 16072 MARTHALER/TERENCE 427.4516072 6300 MARTIN/VALERIE 223.156300 546 MCIT 72.00546 15003 MIDWEST MACHINERY CO 1,236.9615003 6072 2,250.006072 7661 MINNKOTA ENVIRO SERVICES INC Page 13Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 1 Transactions 2 Transactions 2 Transactions 3 Transactions 1 Transactions 6 Transactions 1 TransactionsMINNEAPOLIS FORENSIC PYSCH SERVICES LLC MARCO TECHNOLOGIES LLC MARK/KIM MARTHALER/TERENCE MARTIN/VALERIE MCIT MIDWEST MACHINERY CO Otter Tail County Auditor MN STATE COMMUNITY & TECHNICAL COLLEGE COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 11:13:05AM11/27/2024 csteinbach General Revenue Fund Copyright 2010-2024 Integrated Financial Systems 01-042-000-0000-6342 47.20 ACCT 1143-14 SHREDDING SERVICE 457038 Service Agreements N 01-091-000-0000-6342 59.00 ACCT 1143-10 SHREDDING SERVICE 457036 Service Agreements N 01-201-000-0000-6342 88.50 ACCT 1159 SHREDDING SERVICE 457043 Service Agreements N 01-061-000-0000-6171 3,000.00 ACCT 12745061 EXCEL TRAINING CI0000003992 Tuition And Education Expenses N 10-302-000-0000-6350 2,700.00 LAKE OLAF PUMP STATION CONDITI 1239 Maintenance Contractor N 01-112-101-0000-6572 189.99 ACCT 13040 BATTERY 901508 Repair And Maintenance/ Supplies N 01-112-108-0000-6572 23.54 ACCT 13040 BELTS 901806 Repair And Maintenance/ Supplies N 01-112-108-0000-6572 14.77 ACCT 13040 BELT 901807 Repair And Maintenance/ Supplies N 14-201-000-0000-6687 45,897.00 2025 FORD POLICE UTILITY FS020 Equipment-Current Year N 01-063-000-0000-6367 1,186.50 ABSENTEE BALLOT BOARD HOURS 11/5/24 Election Judge Costs Y 01-063-000-0000-6367 2,651.25 ABSENTEE BALLOT BOARD HOURS 11/5/24 Election Judge Costs Y 09-507-510-0000-6369 800.00 BEAVER TRAPPING @ PM PARK 11/14/24 Miscellaneous Charges Y 01-063-000-0000-6367 2,504.25 ABSENTEE BALLOT BOARD HOURS 11/5/24 Election Judge Costs N 253.707661 9256 3,000.009256 7389 MUNICIPAL SERVICE CO INC 2,700.007389 2036 NAPA CENTRAL 228.302036 43227 NELSON AUTO CENTER INC 45,897.0043227 14861 NELSON/GARY M 1,186.5014861 10753 NELSON/JANICE F 2,651.2510753 11057 NELSON/MIKE 800.0011057 10754 NELSON/VALERIE Page 14Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 4 Transactions 1 Transactions 1 Transactions 3 Transactions 1 Transactions 1 Transactions 1 Transactions 1 Transactions MN STATE COMMUNITY & TECHNICAL COLLEGE MINNKOTA ENVIRO SERVICES INC MUNICIPAL SERVICE CO INC NAPA CENTRAL NELSON AUTO CENTER INC NELSON/GARY M NELSON/JANICE F NELSON/MIKE Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 11:13:05AM11/27/2024 csteinbach General Revenue Fund Copyright 2010-2024 Integrated Financial Systems 01-112-106-0000-6485 422.52 ACCT 655794996 SUPPLIES 15057 Custodian Supplies N 01-123-000-0000-6140 270.00 BA - 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PER DIEM 11/6/24 Per Diem Y 23-705-000-0000-6140 90.00 CDA - PER DIEM 10/29/24 Per Diem Y 23-705-000-0000-6330 19.16 CDA - MILEAGE 10/29/24 Mileage Y 23-705-000-0000-6140 90.00 CDA - PER DIEM 11/18/24 Per Diem Y 23-705-000-0000-6140 90.00 CDA - PER DIEM 11/6/24 Per Diem Y 01-112-108-0000-6572 162.92 ACCT 6629-9141-3 SUPPLIES 8072-8 Repair And Maintenance/ Supplies N 305.0016192 6304 RIPLEY/DAVID 243.116304 6307 RODER/BETSY 201.716307 17532 ROSENGREN/RUTH 163.7417532 17200 SAMUELSON/HEIDI 218.1917200 11188 SCHORNACK/DAVID 289.1611188 159 SHERWIN-WILLIAMS COMPANY INC/THE 162.92159 Page 19Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 3 Transactions 4 Transactions 3 Transactions 2 Transactions 3 Transactions 4 Transactions 1 Transactions RED DOT PEST CONTROL RIPLEY/DAVID RODER/BETSY ROSENGREN/RUTH SAMUELSON/HEIDI SCHORNACK/DAVID SHERWIN-WILLIAMS COMPANY INC/THE Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 11:13:05AM11/27/2024 csteinbach Parks and Trails Copyright 2010-2024 Integrated Financial Systems 09-507-570-4004-6369 400.00 CUSTOM MARKER SIGNS 3651 Miscellaneous Charges N 01-201-000-0000-6304 360.00 GRAPHICS 11105 Repair And Maintenance N 01-204-000-0000-6304 24.00 WHITE NUMBERS FOR PATROL BOATS 10741 Repair And Maintenance N 14-201-000-0000-6687 600.00 GRAPHICS FOR UNIT 2405 11035 Equipment-Current Year N 14-201-000-0000-6687 600.00 GRAPHICS FOR UNIT 2403 11062 Equipment-Current Year N 14-201-000-0000-6687 600.00 GRAPHICS FOR UNIT 2404 11064 Equipment-Current Year N 14-201-000-0000-6687 600.00 GRAPHICS FOR UNIT 2406 11133 Equipment-Current Year N 01-063-000-0000-6367 2,856.00 ABSENTEE BALLOT BOARD HOURS 11/5/24 Election Judge Costs Y 01-091-000-0000-6281 70.00 56-CR-23-2209 SUBPOENA SERVICE 512 Court Case Expenses N 01-112-108-0000-6572 54.64 ACCT 00224002 SUPPLIES 947745 Repair And Maintenance/ Supplies N 01-112-108-0000-6485 194.44 ACCT 00224002 SUPPLIES 947839 Custodian Supplies N 01-112-101-0000-6485 370.74 ACCT 00224000 SUPPLIES 947929 Custodian Supplies N 10-304-000-0000-6675 2,612.56 ACCT #C10895 - #001943 - 2 SUP 182207 Machinery And Automotive Equipment N 10-304-000-0000-6675 56,301.28 ACCT #C10895 - #001943 - 4 WIR 182207 Machinery And Automotive Equipment N 01-112-109-0000-6342 1,002.18 ACCT 4532 GARBAGE JUN-OCT 2024 OCT2024 Service Agreements N 16158 SIGN GUYS LLC 400.0016158 48638 SIGNWORKS SIGNS & BANNERS INC 2,784.0048638 13797 SMITH/DEBBIE R 2,856.0013797 48421 STEARNS CO SHERIFF 70.0048421 48183 STEINS INC 619.8248183 12622 STERIL KONI USA INC 58,913.8412622 166 STEVE'S SANITATION INC 1,002.18166 168 STREICHERS Page 20Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 1 Transactions 6 Transactions 1 Transactions 1 Transactions 3 Transactions 2 Transactions 1 Transactions SIGN GUYS LLC SIGNWORKS SIGNS & BANNERS INC SMITH/DEBBIE R STEARNS CO SHERIFF STEINS INC STERIL KONI USA INC STEVE'S SANITATION INC Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 11:13:05AM11/27/2024 csteinbach General Revenue Fund Copyright 2010-2024 Integrated Financial Systems 01-201-000-0000-6481 742.99 ACCT 974 MARKING ROUNDS I1728209 Radar, Weapons Etc.N 01-201-000-0000-6481 4,459.81 ACCT 974 SUPPLIES I1728215 Radar, Weapons Etc.N 01-201-000-0000-6526 92.99 ACCT 974 POUCH/KEEPER I1728324 Uniforms N 01-201-000-0000-6526 99.97 ACCT 974 L/S SHIRTS I1729321 Uniforms N 10-302-000-0000-6350 108,390.00 2024 CULVERTS - EST #1 23199 Maintenance Contractor N 01-250-000-0000-6269 3,953.36 C1252000 MEALS 11/2-8/24 INV2000226083 Professional Services-Kitchen N 01-250-000-0000-6269 4,241.08 C1252000 MEALS 11/9-15/24 INV2000226655 Professional Services-Kitchen N 10-302-000-0000-6675 40,455.00 ACCT #OTTER002 - UNIT #944 202 E10206 Machinery And Automotive Equipment N 10-304-000-0000-6572 350.00 TIRE REPAIR 707244 Repair And Maintenance Supplies N 10-304-000-0000-6572 350.00 TIRE REPAIR 920105 Repair And Maintenance Supplies N 10-304-000-0000-6572 550.00 TIRE REPAIR 920106 Repair And Maintenance Supplies N 01-705-000-0000-6369 76.20 ACCT 01372 COMMUNITY AWARD 289145D Miscellaneous Charges N 01-031-000-0000-6436 58.20 ACCT 1968 SW ATTENDANT 72867 New hire start up cost N 01-031-000-0000-6436 58.20 ACCT 1968 PROBATION SUPERVISOR 72868 New hire start up cost N 01-031-000-0000-6436 58.20 ACCT 1968 PUBLIC HEALTH NURSE 72869 New hire start up cost N 01-031-000-0000-6436 58.20 ACCT 1968 OFFICE SUPPORT 72870 New hire start up cost N 01-044-000-0000-6240 261.90 ACCT 1966 HOMESTEAD NOTICE 72866 Publishing & Advertising N 5,395.76168 10506 SUBSURFACE INC 108,390.0010506 6642 SUMMIT FOOD SERVICE LLC 8,194.446642 2045 SWANSTON EQUIPMENT CORP 40,455.002045 8741 T & K TIRES 1,250.008741 8718 TAG UP 76.208718 42537 THIS WEEKS SHOPPING NEWS 494.7042537 Page 21Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 4 Transactions 1 Transactions 2 Transactions 1 Transactions 3 Transactions 1 Transactions 5 Transactions STREICHERS SUBSURFACE INC SUMMIT FOOD SERVICE LLC SWANSTON EQUIPMENT CORP T & K TIRES TAG UP THIS WEEKS SHOPPING NEWS Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 11:13:05AM11/27/2024 csteinbach General Revenue Fund Copyright 2010-2024 Integrated Financial Systems 01-091-000-0000-6455 1,613.41 ACCT 1000520140 OCT 2024 850986727 Reference Books & Literature N 01-091-000-0000-6455 276.09 ACCT 1000520140 LIBRARY PLAN 851057840 Reference Books & Literature N 13-012-000-0000-6455 2,109.49 ACCT 1003217934 OCT 2024 850973782 Reference Books & Literature N 13-012-000-0000-6455 1,084.86 ACCT 1000551281 OCT 2024 850982888 Reference Books & Literature N 13-012-000-0000-6455 996.78 ACCT 1000551281 LIBRARY PLAN 851058371 Reference Books & Literature N 10-304-000-0000-6565 5.39 AIRLINE ANTIFREEZE 041737 Fuels - Diesel N 02-214-000-0000-6171 1,857.00 TRAINING PLAN RENEWAL 83472 Tuition And Education Expenses N 10-304-000-0000-6572 771.28 ACCT #2978 - PARTS 472543 Repair And Maintenance Supplies N 10-304-000-0000-6572 111.26 ACCT #2978 - PARTS 472547 Repair And Maintenance Supplies N 10-303-000-0000-6278 22,448.51 PROFESSIONAL ENGINEERING SERVI 24-128-7 Engineering Consultant N 01-201-000-0000-6396 75.00 ACCT MN156715 TARGET SEARCH 9022377313 Special Investigation N 50-000-000-0120-6290 65.07 ACCT 160002806 SERVICE 2520492885 Contracted Services.N 50-000-000-0000-6290 48.40 ACCT 160002035 SERVICE 2520494211 Contracted Services N 50-390-000-0000-6290 48.40 ACCT 160002035 SERVICE 2520494211 Contracted Services.N 50-399-000-0000-6290 96.80 ACCT 160002035 SERVICE 2520494211 Contracted Services.N 183 THOMSON REUTERS - WEST 6,080.63183 1999 TNT REPAIR INC 5.391999 10725 TOTAL RESPONSE 1,857.0010725 9693 TOWMASTER 882.549693 7010 TRANSPORTATION COLLABORATIVE & 22,448.517010 13675 VERIZON WIRELESS SERVICES LLC 75.0013675 13620 VESTIS 258.6713620 2071 WADENA ASPHALT INC Page 22Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 5 Transactions 1 Transactions 1 Transactions 2 Transactions 1 Transactions 1 Transactions 4 Transactions THOMSON REUTERS - WEST TNT REPAIR INC TOTAL RESPONSE TOWMASTER TRANSPORTATION COLLABORATIVE & VERIZON WIRELESS SERVICES LLC VESTIS Otter Tail County Auditor WIDSETH SMITH NOLTING & ASSOCIATES INC COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 11:13:05AM11/27/2024 csteinbach Road And Bridge Fund Copyright 2010-2024 Integrated Financial Systems 10-302-000-0000-6511 198.00 HOT MIX 14218 Bituminous Mix N 10-302-000-0000-6511 198.00 HOT MIX 14224 Bituminous Mix N 10-302-000-0000-6511 198.00 HOT MIX 14227 Bituminous Mix N 10-302-000-0000-6511 198.00 HOT MIX 14233 Bituminous Mix N 01-201-000-0000-6304 73.92 UNIT 2306 OIL CHANGE 130786 Repair And Maintenance Y 01-123-000-0000-6140 270.00 BA - PER DIEM 11/14/24 Per Diem Y 01-123-000-0000-6330 144.05 BA - MILEAGE 11/14/24 Mileage Y 10-304-000-0000-6572 73.86 ACCT #157077 - NOZZLE 2081254 RI Repair And Maintenance Supplies N 10-303-000-0000-6278 17,386.22 PROFESSIONAL ENGINEERING SERVI 234441 Engineering Consultant N 01-123-000-0000-6140 180.00 BA - PER DIEM 11/14/24 Per Diem Y 01-123-000-0000-6330 121.27 BA - MILEAGE 11/14/24 Mileage Y 01-124-000-0000-6140 180.00 PC - PER DIEM 11/13/24 Per Diem Y 01-124-000-0000-6330 64.99 PC - MILEAGE 11/13/24 Mileage Y 50-000-000-0110-6853 1,237.53 ACCT 3-85099-73002 11/1-15/24 0005202-0010-6 MSW BY PASSED EXPENSE LANDFILL N 50-000-000-0120-6853 4,335.40 ACCT 3-85099-73002 11/1-15/24 0005202-0010-6 MSW BY PASSED EXPENSE LANDFILL N 50-000-000-0130-6853 2,813.18 ACCT 3-85099-73002 11/1-15/24 0005202-0010-6 MSW BY PASSED EXPENSE LANDFILL N 50-000-000-0150-6853 552.29 ACCT 3-85099-73002 11/1-15/24 0005202-0010-6 MSW BY PASSED EXPENSE LANDFILL N 50-000-000-0170-6853 25,377.65 ACCT 3-85099-73002 11/1-15/24 0005202-0010-6 MSW BY PASSED EXPENSE LANDFILL N 792.002071 16950 WELLER'S GARAGE 73.9216950 2080 WEST/RICHARD 414.052080 13310 WESTMOR INDUSTRIES LLC 73.8613310 2081 17,386.222081 11653 WILSON/WARREN R 546.2611653 2278 WM CORPORATE SERVICES INC Page 23Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 4 Transactions 1 Transactions 2 Transactions 1 Transactions 1 Transactions 4 Transactions WIDSETH SMITH NOLTING & ASSOCIATES INC WADENA ASPHALT INC WELLER'S GARAGE WEST/RICHARD WESTMOR INDUSTRIES LLC WILSON/WARREN R Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 11:13:05AM11/27/2024 csteinbach Solid Waste Fund Copyright 2010-2024 Integrated Financial Systems 34,316.052278 656,745.83 Page 24Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 5 Transactions Final Total ............143 Vendors 384 Transactions WM CORPORATE SERVICES INC Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES11:13:05AM11/27/2024 csteinbach Solid Waste Fund Copyright 2010-2024 Integrated Financial Systems Page 25Audit List for Board Otter Tail County Auditor County Att.Criminal Forfeiture Fund Community Development Authority Amount 128,022.43 General Revenue Fund 1 7,722.00 General Fund Dedicated Accounts 2 16,334.20 Parks and Trails 9 367,455.51 Road And Bridge Fund 10 1,618.05 Human Services 11 5,341.13 Law Library Fund 13 48,297.00 Capital Improvement Fund 14 232.00 20 1,599.51 23 80,124.00 Solid Waste Fund 50 656,745.83 NameFundRecap by Fund All Funds Total Approved by,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . COMMISSIONER'S VOUCHERS ENTRIES11/21/2024 Bonstad Y N D 4 N 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?: Paid on Behalf Of Name Explode Dist. Formulas?: 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 9:45:53AM r.:1 INTtGRATCO 11:;:.1 FINANCIAL SYSTEMS COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 9:45:53AM11/21/2024 Bonstad Human Services Copyright 2010-2024 Integrated Financial Systems 11-406-000-0000-6406 142.32 DYMO Labels 13Q4-FM64-HW6W Office Supplies 16 N 10/31/2024 10/31/2024 11-420-601-0000-6677 21.22 ACCT #A2RJVV5AA0Wl1P 1MJY-YQG1-MJ4D Office Furniture And Equipment - Im 44 N 11/13/2024 11/13/2024 11-420-601-0000-6406 19.80 ACCT # A2RJVV5AA0Wl1P 1QW9-FMKJ-LX1K Office Supplies 1 N 10/22/2024 10/22/2024 11-420-601-0000-6406 10.55 ACCT # A2RJVV5AA0Wl1P 1X3R-1VM9-XKT1 Office Supplies 26 N 11/06/2024 11/06/2024 11-420-601-0000-6677 16.79 ACCT #A2RJVV5AA0Wl1P 1YFT-JXVQ-YPR7 Office Furniture And Equipment - Im 24 N 11/08/2024 11/08/2024 11-430-700-0000-6677 27.01 ACCT #A2RJVV5AA0Wl1P 1MJY-YQG1-MJ4D Office Furniture And Equipment - Ss 45 N 11/13/2024 11/13/2024 11-430-700-0000-6406 25.19 ACCT # A2RJVV5AA0Wl1P 1QW9-FMKJ-LX1K Office Supplies 2 N 10/22/2024 10/22/2024 11-430-700-0000-6406 13.43 ACCT # A2RJVV5AA0Wl1P 1X3R-1VM9-XKT1 Office Supplies 27 N 11/06/2024 11/06/2024 11-430-700-0000-6677 21.38 ACCT #A2RJVV5AA0Wl1P 1YFT-JXVQ-YPR7 Office Furniture And Equipment - Ss 25 N 11/08/2024 11/08/2024 11-420-601-0000-6242 83.60 L. VALDES MACSSA REGIST 10/20-10/22/24 Registrations 4 N 10/20/2024 10/22/2024 11-420-601-0000-6242 83.60 STEINBRENNER-MACSSA REG 10/20-10/22/24 Registrations 6 N 10/20/2024 10/22/2024 11-430-700-0000-6242 106.40 L. VALDES MACSSA REGIST 10/20-10/22/24 Registrations 5 N 10/20/2024 10/22/2024 11-430-700-0000-6242 106.40 STEINBRENNER-MACSSA REG 10/20-10/22/24 Registrations 7 N 10/20/2024 10/22/2024 11-430-700-0000-6331 13.81 MEAL 8/23-10/28/24 Travel Expense - Ss Adm 47 N 08/23/2024 10/28/2024 11-430-700-0000-6331 10.70 MEAL 8/23-10/28/24 Travel Expense - Ss Adm 48 N 08/23/2024 10/28/2024 11-430-700-0000-6331 15.00 MEAL 8/23-10/28/24 Travel Expense - Ss Adm 49 N 14386 AMAZON CAPITAL SERVICES INC 297.6914386 30171 ASSOCIATION OF MN COUNTIES 380.0030171 13727 COLE/MELANIE Page 2Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 9 Transactions 4 Transactions AMAZON CAPITAL SERVICES INC ASSOCIATION OF MN COUNTIES Otter Tail County Auditor INDEPENDENT CONTRACT SERVICES OF FF LLC COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 9:45:53AM11/21/2024 Bonstad Human Services Copyright 2010-2024 Integrated Financial Systems 08/23/2024 10/28/2024 11-430-700-0000-6331 5.39 MEAL 8/23-10/28/24 Travel Expense - Ss Adm 50 N 08/23/2024 10/28/2024 11-420-601-0000-6379 193.80 ACCT #22002906 1/1-12/31/25 Miscellaneous Charges Im Adm 12 N 01/01/2025 12/31/2025 11-430-700-0000-6304 662.60 ACCT #2461 401887 Motor Vehicle Service And Repair 33 N 11/13/2024 11/13/2024 11-430-700-0000-6304 810.60 ACCT #2461 401899 Motor Vehicle Service And Repair 32 N 11/13/2024 11/13/2024 11-409-000-0010-6261 600.33 LCTS Coordination 2024-1101 Lcts Coordination 19 Y 11/01/2024 11/30/2024 11-406-000-0000-6304 25.00 Tire Repair 1802 Motor Vehicle Repair 17 Y 10/28/2024 10/28/2024 11-430-740-0000-6171 3,625.00 JULY COORDINATOR 100390 AMHI Coordinator 8 N 07/01/2024 10/31/2024 11-430-740-0000-6171 3,625.00 AUGUST COORDINATOR 100390 AMHI Coordinator 9 N 07/01/2024 10/31/2024 11-430-740-0000-6171 3,625.00 SEPTEMBER COORDINATOR 100390 AMHI Coordinator 10 N 07/01/2024 10/31/2024 11-430-740-0000-6171 3,625.00 OCTOBER COORDINATOR 100390 AMHI Coordinator 11 N 07/01/2024 10/31/2024 44.9013727 35011 FERGUS FALLS DAILY JOURNAL 193.8035011 35018 FERGUS TIRE CENTER INC 1,473.2035018 8471 600.338471 14050 LAKELAND AUTO REPAIR LLC 25.0014050 41450 LAKES COUNTRY SERVICE COOPERATIVE 14,500.0041450 Page 3Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 4 Transactions 1 Transactions 2 Transactions 1 Transactions 1 Transactions 4 Transactions INDEPENDENT CONTRACT SERVICES OF FF LLC COLE/MELANIE FERGUS FALLS DAILY JOURNAL FERGUS TIRE CENTER INC LAKELAND AUTO REPAIR LLC LAKES COUNTRY SERVICE COOPERATIVE Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 9:45:53AM11/21/2024 Bonstad Human Services Copyright 2010-2024 Integrated Financial Systems 11-420-640-0000-6379 48.52 FEDERAL OFFSET FEES A300C431429 Miscellaneous Charges 42 N 10/01/2024 10/31/2024 11-420-000-0000-2100 10,306.59 State/Fed Share MA Refun A300MMEF56I Due Other Governments MA Refunds 35 N 09/01/2024 09/30/2024 11-420-621-0000-6040 18,814.57 MA Nursing home LTC unde A300MMEF56I Co Share Of Under 65 Nh To State 38 N 09/01/2024 09/30/2024 11-420-621-0000-6040 194.45 G8 LTC LT65 A300MMEF56I Co Share Of Under 65 Nh To State 39 N 09/01/2024 09/30/2024 11-430-720-2112-6061 3,079.00 10-24 CCAP A300MC56261I County Match BSF/CCAP 46 N 10/01/2024 10/31/2024 11-430-740-4901-6051 3,846.68 Child Case Management A300MMEF56I R79 Ch Case Manage State 37 N 09/01/2024 09/30/2024 11-430-740-4911-6051 3,162.82 Adult Case Management A300MMEF56I R 79 Adltcasemngmnt To State 36 N 09/01/2024 09/30/2024 11-430-750-5660-6050 60.00 DT&H A300MMEF56I Dac's Out Of County 40 N 09/01/2024 09/30/2024 11-430-750-5740-6050 1,373.72 11-430-750-5740-6050 A300MMEF56I Icf/Mr County Share 41 N 09/01/2024 09/30/2024 11-430-700-0000-6331 15.00 MEAL 11/12/2024 Travel Expense - Ss Adm 43 N 11/12/2024 11/12/2024 11-420-640-0000-6260 1,265.00 IV-D BILLING - OCT 2024 October 2024 Legal Services Iv-D 51 N 10/01/2024 10/31/2024 11-420-640-0000-6297 89.20 CASE #20241285/PARTY 001 11/08/2024 Iv-D Sheriff's Costs 28 N 11/08/2024 11/08/2024 11-420-601-0000-6272 7,286.40 FPI Expenses - Jeff October 2024 Fraud Prevention Officer Expense (FPI) 30 N 43022 MN DEPT OF HUMAN SERVICES 40,886.3543022 16980 NIELSON/CARIN 15.0016980 12963 OTTER TAIL CO ATTORNEY'S OFFICE 1,265.0012963 44010 OTTER TAIL CO SHERIFF 89.2044010 44003 OTTER TAIL CO TREASURER Page 4Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 9 Transactions 1 Transactions 1 Transactions 1 Transactions MN DEPT OF HUMAN SERVICES NIELSON/CARIN OTTER TAIL CO ATTORNEY'S OFFICE OTTER TAIL CO SHERIFF Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 9:45:53AM11/21/2024 Bonstad Human Services Copyright 2010-2024 Integrated Financial Systems 10/01/2024 10/31/2024 11-420-601-0000-6272 1,269.36 FPI Expenses - Karen October 2024 Fraud Prevention Officer Expense (FPI) 31 N 10/01/2024 10/31/2024 11-420-650-0000-6041 250.00 Ma Trans Nonload Ma Trans Nonload 58 N 10/01/2024 10/31/2024 11-420-650-0000-6041 240.00 Ma Trans Nonload Ma Trans Nonload 15 N 09/01/2024 09/30/2024 11-420-650-0000-6050 491.27 MA Transp Charges Fed Ra Ma Trans Charges Fed Rate 57 N 10/01/2024 10/31/2024 11-420-650-0000-6050 477.11 MA Transp Charges Fed Ra Ma Trans Charges Fed Rate 14 N 09/01/2024 09/30/2024 11-430-760-6160-6050 432.22 Title XX Transportation Title Xx Transportation 56 N 10/01/2024 10/31/2024 11-430-760-6160-6050 401.45 Title XX Transportation Title Xx Transportation 13 N 09/01/2024 09/30/2024 11-430-700-0000-6304 69.18 ACCT #139 6090930 Motor Vehicle Service And Repair 29 N 11/06/2024 11/06/2024 11-430-700-0000-6304 159.79 ACCT 139 6091127 Motor Vehicle Service And Repair 34 N 11/14/2024 11/14/2024 11-430-700-0000-6304 181.63 Acct #139 6091249 Motor Vehicle Service And Repair 55 N 11/19/2024 11/19/2024 11-409-330-1200-6091 80,000.00 COLLABORATIVE ISD549 #1 BARR Universal Home Visit 3 N 07/01/2024 06/30/2025 11-406-000-0000-6200 556.68 ACCT #942509247-00011 9977113818 Telephone Probation 18 N 09/24/2024 10/23/2024 8,555.7644003 25082 PRODUCTIVE ALTERNATIVES INC 2,292.0525082 46006 QUALITY TOYOTA 410.6046006 902 SCHOOL DIST 549 - PERHAM 80,000.00902 9820 VERIZON WIRELESS Page 5Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 2 Transactions 6 Transactions 3 Transactions 1 Transactions OTTER TAIL CO TREASURER PRODUCTIVE ALTERNATIVES INC QUALITY TOYOTA SCHOOL DIST 549 - PERHAM Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 9:45:53AM11/21/2024 Bonstad Human Services Copyright 2010-2024 Integrated Financial Systems 11-430-700-0000-6331 15.00 MEAL 9/16-10/28/24 Travel Expense - Ss Adm 20 N 09/16/2024 10/28/2024 11-430-700-0000-6331 15.00 MEAL 9/16-10/28/24 Travel Expense - Ss Adm 21 N 09/16/2024 10/28/2024 11-430-700-0000-6331 10.57 MEAL 9/16-10/28/24 Travel Expense - Ss Adm 22 N 09/16/2024 10/28/2024 11-430-700-0000-6331 15.00 MEAL 9/16-10/28/24 Travel Expense - Ss Adm 23 N 09/16/2024 10/28/2024 11-430-700-6331-6171 18.00 TRAINING MEAL 10/8-10/10/24 Ss Adm Training Meals & Lodging 52 N 10/08/2024 10/10/2024 11-430-700-6331-6171 43.00 TRAINING MEALS 10/8-10/10/24 Ss Adm Training Meals & Lodging 53 N 10/08/2024 10/10/2024 11-430-700-6331-6171 20.00 TRAINING MEAL 10/8-10/10/24 Ss Adm Training Meals & Lodging 54 N 10/08/2024 10/10/2024 556.689820 13929 WHIPPLE/VANESSA 55.5713929 52094 WISKOW/CHERYL 81.0052094 151,722.13 Page 6Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 1 Transactions 4 Transactions 3 Transactions Final Total ............19 Vendors 58 Transactions VERIZON WIRELESS WHIPPLE/VANESSA WISKOW/CHERYL Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES 9:45:53AM11/21/2024 Bonstad Human Services Copyright 2010-2024 Integrated Financial Systems Page 7Audit List for Board Otter Tail County Auditor Amount 151,722.13 Human Services 11 151,722.13 NameFundRecap by Fund All Funds Total Approved by,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . COMMISSIONER'S VOUCHERS ENTRIES11/21/2024 Bonstad Y N D 4 N 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?: Paid on Behalf Of Name Explode Dist. Formulas?: 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 9:46:14AM r.:1 INTtGRATCO 11:;:.1 FINANCIAL SYSTEMS COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 9:46:14AM11/21/2024 Bonstad Human Services Copyright 2010-2024 Integrated Financial Systems 11-407-600-0090-6406 11.98 PHONE CHARGER BLOCK 111W-NVML-13TM Office Supplies 13 N 11/12/2024 11/12/2024 11-407-600-0090-6406 23.96 AA BATTERIES 1GGW-H9KL-3DH7 Office Supplies 5 N 11/06/2024 11/06/2024 11-407-200-0023-6488 33.98 MAGNETIC SIGNS/INVENTORY 1LQV-PCR1-GDY1 FHV Program Supplies 8 N 11/07/2024 11/07/2024 11-407-600-0090-6406 15.29 MOUSE PADS 1Q3P-PM6Y-4J4M Office Supplies 14 N 11/13/2024 11/13/2024 11-407-200-0024-6488 1,789.11 FHV SUPPLIES/MEDICA GRNT 1X7C-FC9J-TJ7D Nfp Program Supplies 15 N 11/17/2024 11/17/2024 11-407-600-0090-6406 199.95 (5) HEADSETS 1YFT-JXVQ-QHWP Office Supplies 7 N 11-407-500-0080-6488 17.45 QAC SANITIZER TEST STRI 1YW1-XN17-FPJF FPL Prog Supplies 6 N 11/04/2024 11/04/2024 11-407-500-0080-6331 11.27 EH TRAINING NOV24 EXPENSE FPL Travel Expenses 12 N 11/06/2024 11/06/2024 11-407-100-0017-6488 4,616.64 DNTL SUPPLS/BCBS DENTAL 21073126 Innovations Grant Blue Cross prog supply 1 N 10/25/2024 10/25/2024 11-407-100-0017-6488 937.44 SUPPLIES/NON BCBS DENTAL 21073126 Innovations Grant Blue Cross prog supply 2 N 10/25/2024 10/25/2024 11-407-200-0024-6488 300.00 NFP GRP SPRVSN/NON-GRANT 10312024 Nfp Program Supplies 3 6 10/31/2024 10/31/2024 11-407-200-0047-6488 300.00 MECSH GRP SPRVSN/SF COLL 10312024 MECSH Program Supplies 4 6 10/31/2024 10/31/2024 11-407-600-0090-6406 68.04 PENS 392444267001 Office Supplies 9 N 11/08/2024 11/08/2024 14386 AMAZON CAPITAL SERVICES INC 2,091.7214386 14398 GEORGESON/ANTHONY 11.2714398 12747 HENRY SCHEIN INC 5,554.0812747 16107 LYSNE CONSULTING & COUNSELING LLC 600.0016107 51120 ODP BUSINESS SOLUTIONS LLC Page 2Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 7 Transactions 1 Transactions 2 Transactions 2 Transactions AMAZON CAPITAL SERVICES INC GEORGESON/ANTHONY HENRY SCHEIN INC LYSNE CONSULTING & COUNSELING LLC Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 9:46:14AM11/21/2024 Bonstad Human Services Copyright 2010-2024 Integrated Financial Systems 11-407-200-0060-6488 30.01 CAR SEAT ED/BB GRP OCT24 CAR SEAT Program Supplies Inj Prev 10 N 10/10/2024 10/10/2024 11-407-200-0060-6488 30.01 CAR SEAT ED/DB GROUP OCT24 CAR SEAT Program Supplies Inj Prev 11 N 10/10/2024 10/10/2024 68.0451120 31020 OTTER TAIL CO TREASURER 60.0231020 8,385.13 Page 3Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 1 Transactions 2 Transactions Final Total ............6 Vendors 15 Transactions ODP BUSINESS SOLUTIONS LLC OTTER TAIL CO TREASURER Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES 9:46:14AM11/21/2024 Bonstad Human Services Copyright 2010-2024 Integrated Financial Systems Page 4Audit List for Board Otter Tail County Auditor Amount 8,385.13 Human Services 11 8,385.13 NameFundRecap by Fund All Funds Total Approved by,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Otter Tail County Contract Outline Presented to Human Service Board December 3, 2024 CONTRACT RENEWALS Agency Program Effective Date Targeted Population Amount of Contract Amount of Previous Contract Funding Source Prairie Support Services Guardianship Services 1-01-25 through 12-31-25 Elderly/Disabled $40.00 per hour N/A Otter Tail County, MSA (Minnesota Supplemental Assistance) within the MSA guidelines Presbyterian Family Foundation Guardianship Services 1-01-25 through 12-31-25 Elderly/Disabled $64.10 per hour N/A Otter Tail County, MSA (Minnesota Supplemental Assistance) within the MSA guidelines Lysne Consulting & Counseling LLC Children’s Mental Health 01-01-25 through 12-31-25 Children who have severe emotional disturbance. $90.00 per hour No Change County of Financial Responsibility REM Central Lakes Inc. Semi-Independent Living Skills 01-01-25 through 12-31-25 Persons with developmental disabilities Unit cost $37.50 per hour Increase $35.64 to $37.50 per hour County of Financial Responsibility The Village Family Service Center Children’s Therapeutic Support Services, School Based Mental Health Services 01-01-25 through 12-31-25 Children Otter Tail County Human Services agrees to pay the Center $10,842 No Change County of Financial Responsibility West Central Community Services Semi-Independent Living Skills 01-01-25 Through 12-31-26 Persons with developmental disabilities. Unit Cost $37.50 per hour Increase $35.64 to $37.50 per hour County of Financial Responsibility Mahube-OTWA Community Action Partnership Child Care Assistance 1-01-25 through 12-31-25 Families eligible for child care assistance Not to exceed $118,910 (12.5% of the 2023 BSF total allocation) No Change County of Financial Responsibility CONTRACT RENEWALS Agency Program Effective Date Targeted Population Amount of Contract Amount of Previous Contract Funding Source Rural Minnesota Concentrated Employment Program (CEP) DWP and MFIP Employment Services 01-01-25 through 12-31-25 Low-income families eligible for MFIP assistance. $382,067 Employment Services $391,516 Employment Services MFIP/CCSA State Grant HIGHWAY OTTERTAIL COUNTY -MINNESOTA 505 South Court Street, Suite 1 Fergus Falls, MN 56537 November 19, 2024 Board of County Commissioners Otter Tail County Fergus Falls, MN 56537 Re: S.A.P. 056-612-013 & Etc. 2022 County Wide Seal Coat Otter Tail County Board: On June 28, 2022 the bid for S.A.P. 056-612-013 & Etc. was awarded to Asphalt Surface Technologies Corp. of St. Cloud, MN for $1,678,222.31. This contract has been completed and the total cost amounted to $1,565,249.27 which is a decrease of $112,973.04. This decrease was due to Change Order #1 and overruns and underruns. Final Estimate No. 3 in the amount of $15,652.49 is payable to Asphalt Surface Technologies, Corp. as final payment for this work. Attached you will find Final Estimate No. 3 which is hereby recommended for approval and payment. Yours truly, Otter Tail County Highway Department 1.w= Krysten Foster, P.E. County Engineer KF:bn Ends. Cc: Project File 218-998-8470 @ OTTERTAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER LIVE YOUR best life HERE. @ ottertailcountymn.us _.......----------------~ Work Certified This Request $0.00 Project Number 056-612-013 056-627-016 056-631-008 056-635-044 056-635-045 056-655-010 4151-124 4152-134 4153-137 4154-152 4155-204 4157-213 4159-218 Otter Tail County Highway Dept. SOS South Court St, Ste 1 Fergus Falls, MN 56537-2757 Contract Number: Pay Request Number: 22-09 3-FINAL Project Description CSAH 12 Seal Coat CSAH 27 Seal Coat CSAH 31 Seal Coat CSAH 35 Seal Coat (CSAH 82 to North Dalton City Limits) CSAH 35 Seal Coat (CSAH 41 to TH108 in Dent) CSAH 55 Seal Coat Everts Twp Seal Coat Leaf Lake Twp Seal Coat Maine Twp Seal Coat Rush Lake Twp Seal Coat City of Deer Creek Seal Coat City of Pelican Rapids Seal Coat City of Urbank_Seal Coat Contractor: Asphalt Surface Technologies Corp. Vendor Number: 906 P.O. Box 1025 St. Cloud, MN 56302 Contract Amount Original Contract Contract Changes Revised Contract Work Certified to Base Bid Items Contract Changes Material on Hand Total I Work Certified To Date I $1,565,249.27 I I Up to Date: 01/31/2024 $1,678,222.31 $-97,554.86 $1,580,667.45 $1,662,804.13 $-97,554.86 $0.00 $1,565,249.27 Less Amount Retained $0.00 Percent: Retained: 0% Funds Encumbered Original Additional Total Less Previous Payments $1,549,596.78 I I Amount Paid This Request $1,678,222.31 N/A $1,678,222.31 Amount Paid This Request I $15,652.49 I $15,652.49 Page 1 of 12 Total Amount Paid to Date $1,565,249.27 Percent Complete: 99.02% CERTIFICATE OF FINAL ACCEPTANCE This is to certify that the items of work shown in this certificate of Pay Estimate have been actually furnished for the work comprising the above-mentioned projects in accordance with the plans and specifications heretofore approved. Approved By ·~ 2, County Engineer Con ractor 11/14/2024 Date Date !:\Highway Projects\4071-204 • ZOZZ Seal Coat\5_Constructlon\Pay Requests\056-61Z-013_Pay Req3_FINALdocx Page 2 of 12 CERTIFICATE OF FINAL ACCEPTANCE PROJECT NUMBER: 056-612-013 CONTRACTOR: Asphalt Surface Technologies Corp. FINAL PAYMENT REQUEST NO. 3 THE UNDERSIGNED CONTRACTOR DOES HEREBY CERTIFY THAT HE HAS PERFORMED AND COMPLETED ALL THE WORK DESCRIBED HEREIN IN ACCORDANCE WITH AND PURSUANT TO THE TERMS OF HIS CONTRACT, AND DOES HEREBY ACCEPT THIS FINAL VOUCHER AS BEING CORRECT, FULL AND CO TE AND DOES MAKE CLAIM FOR FINAL PAYMENT ON THIS CONTRACT IN ACCORDANCE WITH THE FINAL VOUCHER. CONTRACTOR: Asphalt Surface Technologies Corp. BY __,~£..!,ll<!:loll~~~~==,i,.,,,,,=------------- P.O. Box 1025 St. Cloud, MN 56302 AND ~ ~ t,":--~-=-=-= -= -= -==✓;;)_- AND NO CORPORATE SEAL) STATE OF MINNESOTA, COUNTY OF _S_t_e_a_r_n_s _______________ _ **INDIVIDUAL ACKNOWLEDGEMENT** ON THIS _____ ·_1,_.-:_h_. ___ _ DAY OF ____________ _, 20 ~ BEFORE ME PERSONALLY APPEARED ___________ _ TO ME KNOWN TO BE THE PERSON WHO EXCUTED THE FOREGOING ACCEPTANCE AND ACKNOWLEDGED THAT HE/SHE EXECUTED THE SAME AS _____ FREE ACT AND DEED. **CORPORATE ACKNOWLEDGEMENT** ON THIS ____ 1_4_t_h ____ _ DAY OF __ N_ov_e_m_b_e_r ______ _, 20 ~ Dale R. Strandberg AND Jessica L. Winter -----------=-----TO ME PERSONALLY KNOWN, WHO, BEING EACH BY ME DULY SWORN, EACHDIDSAYTHATTHEYARERESPECTIVELYTHE Vice-President AND VP/Secretary OFTHE Asphalt Surface Technologies Corp oration CORPORATION NAMED IN THE FOREGOING INSTRUMENT, AND THAT THE SEAL AFFIXED TO SAID INSTRUMENT IS THE CORPORATE SEAL OF SAID CORPORATION AND THE SAID INSTRUMENT WAS SIGNED AND SEALED IN BEHALF OF SAID CORPORATION BY AUTHORITY OF ITS Board of Directors AND SAID Vice-President AND Vice-President/Secretary ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE ACT AND DEED OF SAID CORPORATION. MY COMMISION AS NOTARY PUBLIC IN Stearns COUNTY EXPIRES O 1 / 31 , 20 28 . ---------- NOTARIAL SEAL c ~ S ~ E !:\Highway Projects\4071-204 • 2022 Seal Coat\S_Constructlon\Pay Requests\056-61Z-013_Pay Req3_FINAl.doc,, Page 3 of 12 CERTIFICATE OF FINAL ACCEPTANCE PROJECT NUMBER: 056-612-013 CONTRACTOR NAME: Asphalt Surface Technologies Corp. FINAL PAYMENT REQUEST NO.: 3 **COUNTY BOARD ACKNOWLEDGMENT** WHEREAS; S.A.P. 056-612-013 HAVE IN ALL THINGS BEEN COMPLETED, AND THE COUNTY BOARD BEING FULLY ADVISED IN THE PREMISES, NOW THEN BE IT RESOLVED; THAT WE DO HEREBY ACCEPT SAID COMPLETED PROJECT FOR AND IN BEHALF OF THE COUNTY OF OTTER TAIL AND AUTHORIZE FINAL PAYMENT AS SPECIFIED HEREIN. COUNTY OF OTTER TAIL STATE OF MN I, WAYNE STEIN, COUNTY AUDITOR WITHIN AND FOR SAID COUNTY DO HEREBY CERTIFY THAT THE FOREGOING COUNTY BOARD ACKNOWLEDGEMENT IS TRUE AND CORRECT. DATED AT __________________ ~ MN THIS _________ DAY OF ___________ , 20 __ . WAYNE STEIN, COUNTY AUDITOR (SEAL) !:\Highway Projects\4071-204 • 2022 Seal Coat\S_Construction\Pay Requests\056-612--013_Pay Req3_FINAL.docx Page 4 of 12 Payment Summary -· No. Upto Date 1 2022-09-30 2 2022-11-20 3 2024-01-31 Funding Category N~me Funding Category Number City of Pelican Rapids City of Urbank Everts Township Leaf Lake Township Maine Township Rush Lake Township CSAH 12 (SAP 056-612-013) CSAH 27 (SAP 056-627-016) CSAH 31 (SAP 056-631-008) CSAH 35 (SAP 056-635-044) CSAH 35 (SAP 056-635-045) Municipal CSAH 35 (SAP 056-635-045) Rural CSAH 55 (SAP 056-655-010) Municipal CSAH 55 (SAP 056-655-010) Rural Accounting Number Funding Source 23 Sales Tax 24 Accounts Receivable Contract Item Status ' Project Line Item Description Work Certified Amount Retained Per Request Per Request $1,511,401.51 $75,570.08 $53,847.76 ($59,917.59) $0.00 ($15,652.49) Otter Tail County Highway Dept. 505 S Court St, Ste 1 Fergus Falls, MN 56537-2757 Contract No. 22-09 Amount Paid .• Per Request $1,435,831.43 $113,765.35 $15,652.49 Work Certified to Less Amount Less Previous Amount Paid this . Total Amount Paid to Date Retained Payments Request Date $269,764.32 $0.00 $267,066.68 $2,697.64 $269,764.32 $8,304.22 $0.00 $8,221.18 $83.04 $8,304.22 $34,302.16 $0.00 $33,959.14 $343.02 $34,302.16 $40,691.40 $0.00 $40,284.49 $406.91 $40,691.40 $34,050.72 $0.00 $33,710.22 $340.50 $34,050.72 $69,497.97 $0.00 $68,803.00 $694.97 $69,497.97 $20,566.90 $0.00 $20,361.22 $205.68 $20,566.90 $205,892.66 $0.00 $203,833.74 $2,058.92 $205,892.66 $166,699.02 $0.00 $165,032.02 $1,667.00 $166,699.02 $59,752.54 $0.00 $59,155.00 $597.54 $59,752.54 $42,269.61 $0.00 $41,846.92 $422.69 $42,269.61 $358,407.02 $0.00 $354,822.94 $3,584.08 $358,407.02 $32,397.94 $0.00 $32,073.96 $323.98 $32,397.94 $222,652.79 $0.00 $220,426.27 $2,226.52 $222,652.79 Amount Paid this Request Revised Contract Amount Funds Encumbered to Date Paid Contractor to Date $11,086.41 $1,123,819.16 $1,123,819.16 $1,108,638.48 $4,566.08 $456,848.29 $554,403.15 $456,610.79 . , --. I. Contract Quantity This Amount This Quantity to Units Unit Price Quantity Request Request Date Amount to Date 056-612-013 1 2123.610 STREET SWEEPER (WITH PICKUP BROOM) HOUR $95.000 2 0 $0.00 1.25 $118.75 056-612-013 2 2356.S04 BITUMINOUS SEAL COAT SY $1.870 3627 0 $0.00 3627 $6,782.49 !:\Highway Projects\4071-204 -2022 Seal Coat\S_Constructlon\Pay Requests\056-612-0U_Pay Req3_FINAL.docx Page 5 of 12 Contract Item Status Project Line Item Description Units Unit Price 056-612-013 3 2563.601 TRAFFIC CONTROL LS $1,500.000 056-612-013 4 2563.602 RAISED PAVEMENT MARKER TEMPORARY EACH $2.500 056-612-013 5 2582.503 4" SOLID LINE PAINT LF $0.080 056-612-013 6 2582.503 4" BROKEN LINE PAINT LF $0.080 056-612-013 7 2582.503 24" SOLID LINE PREF TAPE GR IN LF $48.000 056-612-013 8 2582.518 CROSSWALK PREF TAPE GR IN SF $45.000 056-627-016 1 2123.610 STREET SWEEPER (WITH PICKUP BROOM) HOUR $95.000 056-627-016 2 2356.504 BITUMINOUS SEAL COAT SY $1.870 056-627-016 3 2563.601 TRAFFIC CONTROL LS $4,900.000 056-627-016 4 2563.602 RAISED PAVEMENT MARKER TEMPORARY EACH $2.500 056-627-016 5 2582.503 4" SOLID LINE PAINT LF $0.080 056-627-016 6 2582.503 6" SOLID LINE PAINT L F $0.110 056-627-016 7 2582.503 8" SOLID LINE PAINT LF $0.550 056-627-016 8 2582.503 4" BROKEN LINE PAINT LF $0.080 056-627-016 9 2582.503 24" SOLID LINE PREF TAPE GR IN LF $48.000 056-627-016 10 2582.518 PAVT MSSG PREF TAPE GR IN SF $45.000 056-631-008 1 2123.610 STREET SWEEPER (WITH PICKUP BROOM) HOUR $95.000 !:\Highway Pro]ects\4071-204. 2022 Seal Coat\S_Construction\Pay Requests\056-612-013_Pay Req3_FINALdocx Contract Quantity This Amount This Quantity Request ltequest 1 0 $0.00 7 0 $0.00 385 0 $0.00 140 0 $0.00 55 0 $0.00 360 0 $0.00 1 0 $0.00 100420 0 $0.00 1 0 $0.00 484 0 $0.00 16628 0 $0.00 48800 0 $0.00 1200 0 $0.00 4880 0 $0.00 48 0 $0.00 99.72 0 $0.00 4 0 $0.00 Otter Tall County Highway Dept. 505 S Court St, Ste 1 Fergus Falls, MN 56537-2757 Contract No. 22-09 Quantity to Date Amount to Date ··• 1 $1,500.00 7 $17.50 287 $22.96 140 $11.20 33 $1,584.00 234 $10,530.00 0 $0.00 100420 $187,785.40 1 $4,900.00 484 $1,210.00 20017 $1,601.36 50556 $5,561.16 0 $0.00 4188 $335.04 47 $2,256.00 49.86 $2,243.70 1.25 $118.75 Page 6 of 12 Contract Item Status Project Line Item Description Units Unit Price .··. 056-631-008 2 2356.504 BITUMINOUS SEAL COAT SY $1.870 056-631-008 3 2563.601 TRAFFIC CONTROL LS $3,700.000 056-631-008 4 2563.602 RAISED PAVEMENT MARKER TEMPORARY EACH $2.500 056-631-008 5 2582.503 4" SOLID LINE PAINT LF $0.080 056-631-008 6 2582.503 6" SOLID LINE PAINT LF $0.110 056-631-008 7 2582.503 4" BROKEN LINE PAINT LF $0.080 056-631-008 8 2582.503 24" SOLID LINE PREF TAPE GR IN LF $48.000 056-631-008 9 2582.518 PAVT MSSG PREF TAPE GR IN SF $45.000 056-635-044 1 2123.610 STREET SWEEPER (WITH PICKUP BROOM) HOUR $95.000 056-635-044 2 2356.504 BITUMINOUS SEAL COAT SY $1.870 056-635-044 3 2563.601 TRAFFIC CONTROL LS $3,800.000 056-635-044 4 2563.602 RAISED PAVEMENT MARKER TEMPORARY EACH $2.500 056-635-044 5 2582.503 6" SOLID LINE PAINT LF $0.110 056-635-044 6 2582.503 4" SOLID LINE PAINT LF $0.080 056-635-044 7 2582.503 4" BROKEN LINE PAINT LF $0.080 056-635-044 8 2582.503 24" SOLID LINE PREF TAPE GR IN LF $48.000 056-635-044 9 2582.518 CROSSWALK PREF TAPE GR IN SF $24.000 l:\Hlghway Projects\4071-204 -ZOZZ Seal Coat\S_Constructlon\Pay Requests\056-61Z-013_Pay Req3_FINALdocx Contract Quantity This Amount This Quantity Request .Request 80005 0 $0.00 1 0 $0.00 350 0 $0.00 35392 0 $0.00 53900 0 $0.00 3253 0 $0.00 36 0 $0.00 99.72 0 $0.00 6 0 $0.00 14776 0 $0.00 1 0 $0.00 35 0 $0.00 1666 0 $0.00 2709 0 $0.00 850 0 $0.00 154 0 $0.00 864 0 $0.00 Otter Tail County Highway Dept. 505 S Court St, Ste 1 Fergus Falls, MN 56537-2757 Contract No. 22-09 . Quantity to .. Date. Amount to Date 80005 $149,609.35 .1 $3,700.00 350 $875.00 31254 $2,500.32 51386 $5,652.46 3393 $271.44 36 $1,728.00 49.86 $2,243.70 1 $95.00 14776 $27,631.12 1 $3,800.00 35 $87.50 1876 $206.36 4286 $342.88 471 $37.68 142 $6,816.00 864 $20,736.00 Page 7 of 12 Contract Item Status Project Line Item Description Units Unit Price 056-635-044 10 2582.518 PAVT MSSG PREF TAPE GR IN SF $45.000 056-635-045 1 2123.610 STREET SWEEPER (WITH PICKUP BROOM) HOUR $95.000 056-635-045 2 2356.504 BITUMINOUS SEAL COAT SY $1.870 056-635-045 3 2563.601 TRAFFIC CONTROL LS $4,900.000 056-635-045 4 2563.602 RAISED PAVEMENT MARKER TEMPORARY EACH $2.500 056-635-045 5 2582.503 4" SOLID LINE PAINT LF $0.080 056-635-045 6 2582.503 6" SOLID LINE PAINT LF $0.110 056-635-045 7 2582.503 4" BROKEN LINE PAINT LF $0.080 056-655-010 1 2356.504 BITUMINOUS SEAL COAT SY $1.870 056-655-010 2 2563.601 TRAFFIC CONTROL LS $3,800.000 056-655-010 3 2563.602 RAISED PAVEMENT MARKER TEMPORARY EACH $2.500 056-655-010 4 2582.503 4" SOLID LINE PAINT LF $0.080 056-655-010 5 2582.503 6" SOLID LINE PAINT LF $0.110 056-655-010 6 2582.503 4" BROKEN LINE PAINT LF $0.080 056-655-010 7 2582.503 24" SOLID LINE PREF TAPE GR IN LF $48.000 056-655-010 8 2582.518 PAVT MSSG PREF TAPE GR IN SF $45.000 4151-124 1 2123.610 STREET SWEEPER (WITH PICKUP BROOM) HOUR $95.000 !:\Highway Projects\4071-204-2022 Seal Coat\S_Construction\Pay Requests\056-612.0U_Pay Req3_FINAL.docx Contract Quantity This Amount This Quantity • ~-Request Request 49.86 0 $0.00 8 0 $0.00 201927 0 $0.00 1 0 $0.00 650 0 $0.00 42628 0 $0.00 101758 0 $0.00 10207 0 $0.00 124327 0 $0.00 1 0 $0.00 487 0 $0.00 26260 0 $0.00 82098 0 $0.00 7493 0 $0.00 24 0 $0.00 99.72 0 $0.00 6 0 $0.00 Otter Tail County Highway Dept. 505 S Court St, Ste 1 Fergus Falls, MN 56537-2757 Contract No. 22-09 Quantify to Date Amount to Date 0 $0.00 5 $475.00 201927 $377,603.49 1 $4,900.00 650 $1,625.00 50442 $4,035.36 103174 $11,349.14 8608 $688.64 124327 $232,491.49 1 $3,800.00 487 $1,217.50 30503 $2,440.24 80566 $8,862.26 6898 $551.84 25 $1,200.00 99.72 $4,487.40 6 $570.00 Page 8 of 12 Contract Item Status Projett line Item Description Units Unit Price 4151-124 2 2356.504 BITUMINOUS SEAL COAT SY $1.870 4151-124 3 2563.601 TRAFFIC CONTROL LS $2,100.000 4152-134 1 2123.610 STREET SWEEPER (WITH PICKUP BROOM) HOUR $95.000 4152-134 2 2356.504 BITUMINOUS SEAL COAT SY $1.870 4152-134 3 2563.601 TRAFFIC CONTROL LS $2,500.000 4153-137 1 2123.610 STREET SWEEPER (WITH PICKUP BROOM) HOUR $95.000 4153-137 2 2356.504 BITUMINOUS SEAL COAT SY $1.870 4153-137 3 2563.601 TRAFFIC CONTROL LS $1,500.000 4154-152 1 2123.610 STREET SWEEPER (WITH PICKUP BROOM) HOUR $95.000 4154-152 2 2356.504 BITUMINOUS SEAL COAT SY $1.870 4154-152 3 2563.601 TRAFFIC CONTROL LS $3,000.000 4155-204 1 2123.610 STREET SWEEPER (WITH PICKUP BROOM) HOUR $95.000 4155-204 2 2356.504 BITUMINOUS SEAL COAT SY $1.870 4155-204 3 2563.601 TRAFFIC CONTROL LS $1,000.000 4157-213 1 2123.610 STREET SWEEPER (WITH PICKUP BROOM) HOUR $95.000 4157-213 2 2356.504 BITUMINOUS SEAL COAT SY $1.870 4157-213 4 2563.601 TRAFFIC CONTROL LS $8,900.000 !:\Highway Projects\4071-204. 2022 Seal Coat\S_Construction\Pay Requests\056-612-0U_Pay Req3_FINAL.docx Contract Quantity This Amount This Quantity Request Request 26571 0 $0.00 1 0 $0.00 4 0 $0.00 29133 0 $0.00 1 0 $0.00 4 0 $0.00 15172 0 $0.00 1 0 $0.00 4 0 $0.00 35281 0 $0.00 1 0 $0.00 4 0 $0.00 10733 0 $0.00 1 0 $0.00 16 0 $0.00 165071 0 $0.00 1 0 $0.00 Otter Tail County Highway Dept. 505 S Court St, Ste 1 Fergus Falls, MN 56537-2757 Contract No. 22-09 Quantity to Date Amount to Date 26571 $49,687.77 1 $2,100.00 4 $380.00 29133 $54,478.71 1 $2,500.00 1 $95.00 15172 $28,371.64 1 $1,500.00 5.5 $522.50 35281 $65,975.47 1 $3,000.00 4 $380.00 10733 $20,070.71 1 $1,000.00 17 $1,615.00 165071 $308,682.77 1 $8,900.00 Page 9 of 12 Contract Item Status Project Line Item Description. Units Unit Price . 4159-218 1 2123.610 STREET SWEEPER (WITH PICKUP BROOM) HOUR $95.000 4159-218 2 2356.504 BITUMINOUS SEAL COAT SY $1.870 4159-218 3 2563.601 TRAFFIC CONTROL LS $1,000.000 Project Category Totals Project Category 056-612-013 056-627-016 056-631-008 056-635-044 056-635-045 056-655-010 4152-134 4151-124 4153-137 4154-152 4155-204 4157-213 4159-218 Contract Change Item Status '. Project cc CC# >.Line ltern Description Units Unit Price 4151-124 co 1 4 2123.610 STREET SWEEPER (WITH PICKUP HOUR ($95.00) BROOM) !:\Highway Projects\4071-204. 2022 Seal Coat\S_Construction\Pay Requests\056-612-013_Pay Req3_FINALdocx Contract Quantity This Qu,antity Request 2 0 1784 0 1 0 Base Bid Totals: .. Amount This Request $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Contra.ct Quantity This Quantity Request 3 0 Amount This Request . $0.00 $0.00 $0.00 $0.00 Amount This Request Otter Tail County Highway Dept. 505 S Court St, Ste 1 Fergus Falls, MN 56537-2757 Contract No. 22-09 Quantity to Date Amount to Date . .• "' 0 $0.00 1784 $3,336.08 1 $1,000.00 $1,662,804.13 Amount To Date $20,566.90 $205,892.66 $166,699.02 $59,752.54 $400,676.63 $255,050.73 $57,358.71 $52,357.77 $29,966.64 $69,497.97 $21,450.71 $319,197.77 $4,336.08 Quantity to Date Amount to Date $0.00 3 ($285.00) Page 10 of 12 . I Contract Change Item Status Contract quantity This Project cc CC# Line Item Description Units Unit Price Quantity Request 4151-124 co 1 5 2356.504 BITUMINOUS SEAL COAT SY ($1.87) 9S03 0 4152-134 co 1 4 2356.504 BITUMINOUS SEAL COAT SY ($1.87) 8913 0 4153-137 co 1 4 2356.504 BITUMINOUS SEAL COAT SY $1.87 2184 0 4155-204 co 1 4 2123.610 STREET SWEEPER {WITH PICKUP HOUR ($95.00) 4 0 BROOM) 4155-204 co 1 5 2356.504 BITUMINOUS SEAL COAT SY ($1.87) 10733 0 4155-204 co 1 6 2563.601 TRAFFIC CONTROL LS ($1,000.00) 1 0 4157-213 co 1 5 2356.504 BITUMINOUS SEAL COAT SY ($1.87) 26435 0 4159-218 co 1 4 2356.504 BITUMINOUS SEAL COAT SY $1.87 2122 0 Contract Change Totals: • Contract Tota(! $1,565,249.21 1 Contract Change Totals Number .. · D~miption In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the work as altered by the following provisions. Due to the Engineer approving this extra work, AND WHEREAS: The Contractor will be compensated as listed Otter Tall County Highway Dept. 505 S Court St, Ste 1 Fergus Falls, MN 56537-2757 Contract No. 22-09 Amountfhfs Cluantity to c- Request Date Amount to Date •. $0.00 9503 ($17,770.61} $0.00 8913 ($16,667.31) $0.00 2184 $4,084.08 $0.00 4 ($380.00) $0.00 10733 ($20,070.71) $0.00 1 ($1,000.00) $0.00 26435 ($49,433.45) $0.00 2122 $3,968.14 $0.00 $-97,554.86 Amount This Request Amount to Date 1 below. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AND UNDERSTOOD THAT: Due to various entities adjusting their scope $0.00 ($97,554.86) of work, the following item quantities have been adjusted. !:\Highway Projects\4071-204. 2022 Seal Coat\S_Construction\Pay Requests\0S6-612-013_Pay Req3_FINAL.docx Page 11 of 12 Material on Hand Additions Line item .•· Description Date Material on Hand Balance Line Description Date J:\Highway Projects\4071•204. 2022 Seal Coat\S_Constructlon\Pay Requests\0S6-612-013_Pay Req3_FINAL.docx Added Added Used Otter Tail County Highway Dept. 505 S Court St, Ste 1 Fergus Falls, MN 56537-2757 Contract No. 22-09 ·'C Comments Remaining Page 12 of 12 HIGHWAY 505 South Court Street, Suite 1 Fergus Falls, MN 56537 November 20, 2024 Board of County Commissioners Otter Tail County Fergus Falls, MN 56537 Re: S.P. 056-645-009 CSAH 45 Bridge Replacement (Bridge No. 565471) Otter Tail County Board: On May 9, 2023 the bid for S.P. 056-645-009 was awarded to Robert R. Schroeder Construction, Inc., 880 14th Ave NE, Glenwood, MN for $1,503,996.57. This contract has been completed and the total cost amounted to $1,494,182.32 which is a decrease of $9,814.25. This decrease was due to Change Order #1-3 and overruns and underruns. Final Estimate No. 8 in the amount of $75,410.22 is payable to Robert R. Schroeder as final payment for this work. Attached you will find Final Estimate No. 8 which is hereby recommended for approval and payment. Yours truly, Otter Tail County Highway Department Krysten oster, P.E. County Engineer KF:bn Encls. Cc: Project File 218-998-8470 ® OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER @ ottertailcountymn.us LIVE YOUR best life HERE. -----~---~--7 .. OTTERTAIL COUNTY~ MINNESOTA Project Number SP 056-645-009; Otter Tail County Highway Dept. 505 South Court St, Ste 1 Fergus Falls, MN 56537-2757 Contract Number: 23-02 Pay Request Number: 8-FINAL Project Description CSAH 45 Bridge Replacement (Bridge No. 56547) Contractor: Robert R. Schroeder Construction, Inc. 880 14th Avenue NE Vendor Number: Upto Date: 1839 09/07/2024 Work Certified This Request $738.00 Glenwood, MN 56334 Contract Amount Original Contract Contract Changes Revised Contract Work Certified to Base Bid Items Contract Changes Material on Hand Total I Work Certified To Date I $1,494,182.32 I I $1,503,996.57 $30,790.55 $1,534,787.12 $1,463,391.77 $30,790.55 $0.00 $1,494,182.32 Less Amount Retained $0.00 Percent: Retained: 0% Funds Encumbered Original Additional Total Less Previous Payments $1,418,772.10 I I Amount Paid This Request $1,503,996.57 N/A $1,503,996.57 Amount Paid This Request I $75,410.22 I $75,410.22 Page 1 of9 Total Amount Paid to Date $1,494,182.32 Percent Complete: 97.35% This is to certify that the items of work shown in this certificate of Pay Estimate have been actually furnished for the work comprising the above-mentioned projects in accordance with the plans and specifications heretofore approved. Approved By App~ j_ County Engineer Date ~ , I c6ntractor 11) \ I 'b\,.;t Date • CERTIFICATE OF FINAL ACCEPTANCE PROJECT NUMBER: SP 056-645-009; CONTRACTOR : Robert R. Schroeder Construction, Inc. FINAL PAYMENT REQUEST NO. 8 THE UNDERSIGNED CONTRACTOR DOES HEREBY CERTIFY THAT HE HAS PERFORMED AND COMPLETED ALL THE WORK DESCRIBED HEREIN IN ACCORDANCE WITH AND PURSUANT TO THE TERMS OF HIS CONTRACT, AND DOES HEREBY ACCEPT THIS FINAL VOUCHER AS BEING CORRECT, FULL AND COMPLETE AND DOES MAKE CLAIM FOR FINAL PAYMENT ON THIS CONTRACT IN ACCORDANCE WITH THE FINAL VOUCHER. --·· ::~ CONTRACTOR: Robert R. Schroeder Construction, Inc. 880 14th Avenue NE Glenwood, MN 56334 ---- AND ____________________ _ STATE OF MINNESOTA, COUNTY OF~f ~¥!+-=----------------- **INDIVIDUAL ACKNOWLEDGEMENT** ON THIS _________ _ DAY OF ___________ ~ 20 __, BEFORE ME PERSONALLY APPEARED _________ _ TO ME KNOWN TO BE THE PERSON WHO EXCUTED THE FOREGOING ACCEPTANCE AND ACKNOWLEDGED THAT HE/SHE EXECUTED THE SAME AS _____ FREE ACT AND DEED. **CORPORATE ACKNOWLEDGEMENT** ON THIS I Cf:f-. DAY OF ~Chlu~· ~~--'---------'' 2021, jJ --+-'"m'--'-_(V,_u~Wt ________ AND _~D-~_V\_·~J_s~~---=-~~'--·----TO ME PERSONALLY KNOWN, WHO, BEING EACH BY ME DULY SWORN, EACH DID SAY THAT THEY ARE RESPECTIVELYTHE v -ll{ f rl..S\~ + CORPORATION NAMED IN THE FOREGOING INSTRUMENT, AND THAT THE SEAL AFFIXED TO SAID INSTRUMENT IS THE CORPORATE SEAL OF SAID CORPORATION AND THE SAID INSTRUMENT WAS SIGNED AND SEALED IN BEHALF OF SAID CORPORATION BY AUTHORITY OF AND sA1D Pr-~s1 ~+- INSTRUMENT TO BE THE FREE ACT AND DEED OF SAID CORPORATION. MY COMMISION AS NOTARY PUBLIC IN _~..,__l:>""'~'--------- NOTARIAL SEAL AND _______________ ACKNOWLEDGED SAID NTYEXPl~,20-m_, SIGNATURE !:\Highway Projects\4072-045 • Bridge No. 56547 (Old Br 7266)\Constructlon\Pay Requests\056-645-(1(19 Pay Request #8 (FINAL).docx Page 2 of 9 CERTIFICATE OF FINAL ACCEPTANCE PROJECT NUMBER: SP 056-645-009; CONTRACTOR NAME: Robert R. Schroeder Construction, Inc. FINAL PAYMENT REQUEST NO.: 8 **COUNTY BOARD ACKNOWLEDGMENT** WHEREAS; SP 056-645-009 HAVE IN ALL THINGS BEEN COMPLETED, AND THE COUNTY BOARD BEING FULLY ADVISED IN THE PREMISES, NOW THEN BE IT RESOLVED; THAT WE DO HEREBY ACCEPT SAID COMPLETED PROJECT FOR AND IN BEHALF OF THE COUNTY OF OTTER TAIL AND AUTHORIZE FINAL PAYMENT AS SPECIFIED HEREIN. COUNTY OF OTTER TAIL STATE OF MN I, WAYNE STEIN, COUNTY AUDITOR WITHIN AND FOR SAID COUNTY DO HEREBY CERTIFY THAT THE FOREGOING COUNTY BOARD ACKNOWLEDGEMENT IS TRUE AND CORRECT. DATED AT _________________ __, MN THIS _________ DAY OF ___________ , 20 __ . WAYNE STEIN, COUNTY AUDITOR (SEAL) !:\Highway Projects\4072-045 • Bridge No. 56547 (Old Br 7266)\Construction\Pay Requests\056-645-009 Pay Request #8 (FINAL).docx Page 3 of 9 Payment Summary No. 1 2 3 4 5 6 7 8 Funding-Category Name Non-Participating Participating AcCOunf:ing NUmber 1 2 Contract Item Status Project Line Non-Participating 1 Participating 2 Non-Participating 3 Non-Participating 4 Non-Participating 5 Op to Date Work Certified Per Request 2023-07-15 $176,881.05 2023-08-19 $242,941.58 2023-09-16 $192,886.05 2023-09-30 $493,135.15 2023-10-28 $190,176.22 2023-11-25 $165,215.72 2024-01-20 $32,208.55 2024-09-07 $738.00 Amount Retained Per Request $8,844.05 $12,147.08 $9,644.30 $24,656.76 $9,508.81 $8,260.79 $1,610.43 ($74,672.22) Otter Tail County Highway Dept. 505 S Court St, Ste 1 Fergus Falls, MN 56537-2757 Contract No. 23-02 Amount Paid Per Request $168,037.00 $230,794.50 $183,241.75 $468,478.39 $180,667.41 $156,954.93 $30,598.12 $75,410.22 Funding Category Number Work Certified to Date Less Amount Retained ------.. ,----,..... Less Previous Payments Amount Paid this Request Totai AmountPaid to Date $240,085.77 $0.00 $227,380.38 $12,705.39 $240,085.77 $1,254,096.55 $0.00 $1,191,391.72 $62,704.83 $1,254,096.55 Funding.source r-Amount Paid thiS Req_uest--Revfseitcontract Amount Funds Encumbered to Date ~PaidContractor to Date - CSAH Regular Construction $12,705.39 $234,658.27 $208,409.27 $240,085.77 Regular Federal Aid $62,704.83 $1,300,128.85 $1,295,587.30 $1,254,096.55 Contract Quantity This Amount This Quantity to Item Description Units Unit Price Quantity Request Request Date Amount to Date 2021.501 MOBILIZATION LUMP $133,666.000 0.15 0 $0.00 0.15 $20,049.90 SUM 2021.501 MOBILIZATION LUMP $133,666.000 0.85 0 $0.00 0.85 $113,616.10 SUM 2051.501 MAINT & RESTORATION OF HAUL ROADS LUMP $1.000 SUM 1 0 $0.00 1 $1.00 2104.502 REMOVE METAL APRON EACH $75.000 2 0 $0.00 2 $150.00 2104.502 REMOVE MAIL BOX SUPPORT EACH $150.000 1 0 $0.00 1 $150.00 !:\Highway Projects\4072-045. Bridge No. 56547 (Old Br 7266)\Construction\Pay Requests\056-645-009 Pay Request #8 (FINAL).docx Page 4 of9 Contract Item Status Project line Item De~cription Units Unit Price Non-Participating 6 2104.503 SAWING BIT PAVEMENT (FULL DEPTH) LF $4.000 Non-Participating 7 2104.503 REMOVE PIPE CULVERTS LF $8.000 Non-Participating 8 2104.504 REMOVE BITUMINOUS PAVEMENT SY $1.550 Non-Participating 9 2104.607 SALVAGE AGGREGATE BASE (CV) CU. VOS. $6.000 Non-Participating 10 2106.507 EXCAVATION -COMMON CY $10.CiOO Non-Participating 11 2106.507 COMMON EMBANKMENT (CV) CY $24.000 Participating 12 2108.504 GEOTEXTILE FABRIC TYPE 7 SY $4.000 Non-Participating 13 2211.509 AGGREGATE BASE CLASS 5 TON $18.000 Non-Participating 14 2360.509 TYPE SP 9.5 WEARING COURSE MIX (3,C) TON $120.000 Non-Participating 15 2360.509 TYPE SP 12.5 WEARING COURSE MIX (3,C) TON $120.000 Participating 16 2401.503 TYPE 5 (TL-5) 42" BARRIER CONC (3S52) LF $120.000 Participating 17 2401.503 TYPE S (TL-4) 36" BARRIER CONC (3S52) LF $115.000 Participating 18 2401.507 STRUCTURAL CONCRETE (3B52) CY $800.000 Participating 19 2401.508 REINFORCEMENT BARS (EPOXY COATED) LB $1.950 Participating 20 2401.508 REINFORCEMENT BARS (STAINLESS-75KSI) LB $4.500 Participating 21 2401.518 BRIDGE SLAB CONCRETE (3Y42-M) SF $63.000 Participating 22 2401.601 STRUCTURE EXCAVATION LUMP $6,500.000 SUM !:\Highway Projects\4072-045 -Bridge No. 56547 (Old Br 7266)\Construction\Pay Requests\056-645-009 Pay Request #8 (FINAL).docx Contract Quantity This Quantity Request 61 0 35 0 1778 0 196 0 1355 0 2110 0 740 0 1152 0 166 0 332 0 200 0 162 0 136.5 0 128516 0 766 0 5951 0 1 0 Amount This Request $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Otter Tail County Highway Dept. 505 S Court St, Ste 1 Fergus Falls, MN 56537-2757 Contract No. 23-02 Quantity to Date Amount to Date 61 $244.00 35 $280.00 1778 $2,755.90 196 $1,176.00 1355 $13,550.00 2110 $50,640.00 292 $1,168.00 1152 $20,736.00 198.55 $23,826.00 323 $38,760.00 200 $24,000.00 162 $18,630.00 136.5 $109,200.00 128516 $250,606.20 766 $3,447.00 5951 $374,913.00 1 $6,500.00 Page 5 of 9 Contract Item Status Project Line Item Description Units Unit Price Participating 23 2401.601 SLOPE PREPARATION LUMP $15,000.000 SUM Participating 24 2402.508 STRUCTURAL STEEL (3306) LB $10.000 Participating 25 2406.504 BRIDGE APPROACH PANELS SY $250.000 Participating 26 2442.501 REMOVE EXISTING BRIDGE LUMP $50,000.000 SUM Participating 27 2451.607 STRUCTURAL BACKFILL CY $18.000 Participating 28 2452.502 PILE REDRIVING EACH $200.000 Participating 31 2452.603 C-1-P CONCRETE PILING 12" LF $79.000 Participating 32 2452.603 C-1-P CONCRETE PILING 16" LF $110.000 Participating 33 2475.503 ORNAMENTAL METAL RAILING TYPE SPECIAL LF $325.000 Non-Participating 34 2501.502 18" CS SAFETY APRON EACH $450.000 Non-Participating 35 2501.502 18" RC PIPE APRON EACH $1,250.000 Non-Participating 36 2501.503 18" CS PIPE CULVERT LF $69.800 Non-Participating 37 2501.503 18" RC PIPE CULVERT CLASS Ill LF $68.370 Participating 38 2502.501 DRAINAGE SYSTEM TYPE (B910) LS $2,500.000 Non-Participating 39 2506.502 CONST DRAINAGE STRUCTURE DESIGN G EACH $5,514.000 Non-Participating 40 2511.507 RANDOM RIPRAP CLASS Ill CY $95.000 !:\Highway Projects\40n-04s -Bridge No. 56547 (Old Br 7266)\Constructlon\Pay Requests\056-645-oo9 Pay Request #8 (FINAL),docx Contract Quantity This Quantity Request 1 0 317 0 315.S 0 1 0 1050 0 8 0 550 0 550 0 152 0 2 0 1 0 46 0 46 0 1 0 2 0 6 0 Amount This Request $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Otter Tail County Highway Dept. 505 S Court St, Ste 1 Fergus Falls, MN 56537-2757 Contract No. 23-02 Quantity to Date Amount to Date 1 $15,000.00 317 $3,170.00 315.5 $78,875.00 1 $50,000.00 1050 $18,900.00 2 $400.00 538.9 $42,573.10 573.3 $63,063.00 152 $49,400.00 2 $900.00 1 $1,250.00 46 $3,210.80 46 $3,145.02 1 $2,500.00 2 $11,028.00 6 $570.00 Page 6 of 9 Contract Item Status Project Line Item Description Units Unit Price Participating 41 2511.507 GROUTED RIPRAP CUYD $110.000 Participating 42 2511.507 RANDOM RIPRAP CLASS Ill CY $9S.000 Non-Participating 43 2S40.602 MAIL BOX SUPPORT EACH $2S0.000 Non-Participating 44 2563.601 TRAFFIC CONTROL LUMP $6,200.000 SUM Participating 4S 2563.601 TRAFFIC CONTROL LUMP $6,200.000 SUM Non-Participating 46 2S73.S02 STORM DRAIN INLET PROTECTION EACH $150.000 Non-Participating 47 2573.503 SILT FENCE, TYPE MS LF $3.SOO Non-Participating 48 2S73.503 FLOTATION SILT CURTAIN TYPE MOVING WATER LF $10.000 Non-Participating 49 2S73.S03 SEDIMENT CONTROL LOG TYPE WOOD FIBER LF $3.500 Non-Participating so 2574.505 SOIL BED PREPARATION ACRE $100.000 Non-Participating S1 2S74.508 FERTILIZER, TYPE 3 POUND $1.000 Non-Participating 52 2575.S04 ROLLED EROSION PREVENTION CATEGORY 20 SY $2.950 Non-Participating 53 257S.SOS SEEDING ACRE $1,950.000 Non-Participating S4 2575.S08 SEED MIXTURE 2S-141 LB $6.000 Non-Participating 55 2582.503 6" SOLID LINE MULTI COMP LIN FT $3.000 Non-Participating S6 2S82.503 4" BROKEN LINE MULTI COMP LIN FT $1.000 l:\Highwav ProJects\4072-045. Bridge No. 56547 (Old Br 7266)\Construction\Pay Requests\056-645-009 Pay Request #8 (FINAL).docx Contract Quantity This Amount This Quantity Request Request 150 0 $0.00 490 0 $0.00 1 0 $0.00 0.1S 0 $0.00 0.85 0 $0.00 2 0 $0.00 816 0 $0.00 120 0 $0.00 100 0 $0.00 0.47 0 $0.00 94 0 $0.00 2277 0 $0.00 0.47 0 $0.00 28 0 $0.00 1424 0 $0.00 712 738 $738.00 Otter Tail County Highway Dept. 505 S Court St, Ste 1 Fergus Falls, MN 56537-2757 Contract No. 23-0Z Quantity to Date Amount to Date 0 $0.00 192.88 $18,323.60 1 $250.00 0.15 $930.00 0.8S $5,270.00 0 $0.00 804 $2,814.00 200 $2,000.00 100 $350.00 0.8 $80.00 300 $300.00 2277 $6,717.15 0.8 $1,560.00 48 $288.00 1550 $4,650.00 1475 $1,475.00 Page 7 of9 Contract Item Status Project line Item Description Units Project Category Totals Project Category SP 056-645-009; Non-Participating SP 056-645-009; Participating Contract Change Item Status Project cc CC# Line Item Description Units SP 056-645- 009; co 1 57 2575.504 ROLLED EROSION PREVENTION SY CATEGORY 20 SP 056-645- 009; co 1 58 2575.508 HYDRAULIC REINFORCED FIBER MATRIX LB SP 056-645- 009; co 2 59 5.050/600 Administrative Expense Dollar SP 056-645-co 3 60 2401.508 REINFORCEMENT BARS (EPOXY LB 009; COATED) SP 056-645- 009; co 3 61 5.050/600 Administrative Expense Dollar Contract Total I $1,494,182.32 1 Contract Change Totals !:\Highway Projects\4072-04S • Bridge No. 56547 (Old Br 72661\Constructlon\Pay Requests\056-645-009 Pay Request #8 (FINALl.docx Contract Quantity This Unit Price Quantity Request Base Bid Totals: Amount This Request $738.00 $0.00 Contract Quantity This Unit Price Quantity Request ($2.95) 2277 0 $2.95 3887 0 $20,399.50 1 0 $1.95 2329 0 $1,100.00 1 0 Contract Change Totals: Amount This Request $738.00 Amount This Request $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Otter Tail County Highway Dept. 505 5 Court St, Ste 1 Fergus Falls, MN 56537-2757 Contract No. 23-02 Quantity to Date Amount to Date $1,463,391.77 Amount To Date $213,836.77 $1,249,555.00 Quantity to Date Amount to Date 2277 ($6,717.15) 3887 $11,466.65 1 $20,399.50 2329 $4,541.55 1 $1,100.00 $30,790.55 Page 8 of 9 Number Description 1 Substituting RFM for the Rolled Erosion Prevention Category 20. PDA analysis was provided by Braun lntertec to help ensure we were not going to drive through the layer that was targeted in the 2 plan, because if we drove through the target layer the borings showed it would be another 30 to 40 feet before we would hit suitable bearing material again. Additional epoxy coated rebar was needed for the 36" and 42" concrete barriers. There was an error in the plan in which 971 pounds of epoxy coated rebar for the 36" concrete barrier and 1358 pounds of epoxy coated rebar for the 42" barrier were not Otter Tail County Highway Dept. 505 S Court St, Ste 1 Fergus Falls, MN 56537-2757 Contract No. 23-02 Amount This Request Amount to Date $0.00 $4,749.50 $0.00 $20,399.50 3 accounted for in the quantities. Expedited processing and shipping was also needed to get the epoxy coated rebar to the project in $0.00 $5,641.55 time for an additional cost of $1,100.00. Material on Hand Additions Line Item Description Date Added Comments Material on Hand Balance Line Item Description Date Added Used Remaining 33 2475.503 ORNAMENTAL METAL RAILING TYPE SPECIAL 2023-08-18 152 L F $29,867.43 152 L F $29,867.43 0 L F $0.00 !:\Highway Projects\4072--045 • Bridge No. 56547 (Old Br 7266)\Constructlon\Pay Requests\056-645-oo!J Pay Request #8 (FINAL).docx Page 9 of 9 Otter Tail County Opioid Settlement Funds RFA Round 1 December 2, 2024 > I v y o u R ,,,..VI /if,. H E R E . Request for Applications Priorities, Funding Availability, Timeline Round 1 of Funding •Opened $400,000 •Opened funding for the top two priorities and strategies for this round. •Prevention – 1) Primary Prevention & 2) Community •Treatment and Recovery – 1) Treatment Expansion & 2) Recovery Supports •Organizations could apply for up to $50,000/year for two years. Timeline RFF guidelines and application released to the public July 15, 2024 Due date for application submission Aug 30, 2024 Target date for completion of follow-up interviews (if required) Sept 30, 2024 Target date for recommendations to the board & notifying proposed projects of selection (conditional) Oct 25, 2024 Target date for grant agreements Nov 15, 2024 Target date contract begins Jan 1, 2025 ) L I V E Y O U R best life H E R E . Recommended Recipients ) LI V E Y O U R ,, .... ,., ur.. H E R E . Community and Life Services Category: Treatment & Recovery Project Summary: ›Fund a Community Educational Coordinator who will work to provide comprehensive support for individuals with Opioid Use Disorder (OUD) and/or Substance Use Disorder (SUD). ›Proposal also includes launching public awareness campaigns, cultural exchange workshops,SUD workshops, and job search/resume/career workshops for individuals with OUD/SUD. Total Funding Amount: $69,420 Year 1: $25,000 Year 2: $44,420 ) L I V E Y O U R best life H E R E . Lake Region Halfway Homes Category: Treatment & Recovery Project Summary: ›Expand availability of treatment for OUD and any co-occurring SUD/MH conditions for clients by including more comprehensive treatment, including family members in treatment (providing training, education, and travel vouchers for families), and providing funding for extended treatment costs when need is demonstrated. Total Funding Amount: $85,000 Year 1: $50,000 Year 2: $35,000 ) L I V E Y O U R best life H E R E . Otter Tail County Probation Category: Treatment & Recovery Project Summary: ›Fund transitional housing at Rewind for probation clients who cannot access services otherwise. ›Probation works to facilitate additional services and supports during Rewind stay to achieve a sober transition into the community. Total Funding Amount: $60,580 Year 1: $35,040 Year 2: $25,040 ) L I V E Y O U R best life H E R E . Perham 180 Category: Treatment & Recovery Project Summary: ›Broaden Housing Stabilization Services to individuals within the OTC area who are experiencing housing insecurities because of OUD and any co- occurring SUD/MH conditions. ›Proposal also includes scholarships for individuals with substance use disorder to attend mental health therapy and support programming. Total Funding Amount: $90,000 Year 1: $50,000 Year 2: $40,000 ) L I V E Y O U R best life H E R E . The Bridge Center Category: Prevention Project Summary: ›Create a self-sustaining community hub focused on prevention for the Pelican Rapids area. ›The Bridge Center will focus on community-based prevention strategies by focusing on youth engagement in the design of a youth center and training adults as mentors.Funding will be used to train adult mentors and youth leadership. A youth stipend will be implemented to compensate youth that may need to give up work to participate. Total Funding Amount: $95,000 Year 1: $50,000 Year 2: $45,000 ) L I V E Y O U R best life H E R E . Grant Agreements ) LI V E Y O U R ,, .... ,., ur.. H E R E . Grant Agreements General Requirements of the Grant Agreements: Use of funds as described in Provider’s Workplan and Budget Quarterly Check-ins to update on Workplan and Budget Provider shall complete a yearly Project Summary Report Account for use of funds and describe project outcomes •Year 1 Funds to be disbursed up front Year 2 Funds disbursed based on Year 1 workplan progress > > > > > > ) L I V E Y O U R best life H E R E . Next Steps Motion to approve entering into the Grant Agreements by the Otter Tail County Board of Commissioners Provider Risk Assessments reviewed by OTC Finance Sign and fully execute Grant Agreements with Providers Grant agreements to begin Jan 1, 2025 > > > > MEMORANDUM OF UNDERSTANDING Post-Employment Health Contribution This Memorandum of Understanding is made by and between Otter Tail County (“Employer”) and Law Enforcement Labor Services, Inc., Local 397, Essential Deputies, (“Union”). WHEREAS, the Employer and Union are parties to a collective bargaining agreement in effect January 1, 2023 through December 31, 2025 setting forth terms and conditions of employment for a bargaining unit of Otter Tail County law enforcement officers; and WHEREAS, Article 31 of the Collective Bargaining Agreement directs certain monies to be deposited in the Employee’s Post Employment Health Care Savings Account, but is silent as to payroll deductions; NOWTHEREFORE, the Employer and Union agree that Article 31 shall be amended, effective January 1, 2025 as follows: 31.6 For each payroll cycle, all employees shall contribute 2% of their gross pay to their individual Post Employment Health Care Savings Account through a payroll deduction. All other terms and conditions of employment shall remain in effect. OTTER TAIL COUNTY ____________________________________ Kurt Mortenson, Chair Date Board of Commissioners ____________________________________ Nicole Hansen Date County Administrator LAW ENFORCEMENT LABOR SERVICES, INC., LOCAL 397 ____________________________________ Steward Date ____________________________________ Business Agent Date HIRING REQUEST FORM FOR NEW POSITIONS Hiring Request Information Department: Human Services Date of Request: 10/28/2024 Title of Position Requested: Social Services Supervisor FTE of Position Requested: 1 Number of Incumbents in Job Class: 5 Number of Vacancies in Job Class: None Number of Employees in Department: 126 Number of Vacancies in Department: 4 Hiring Criteria & Guidelines Indicate whether or not position is mandated by statute, explain. The Social Services Supervisor position is not directly mandated by statute, however, the programs this position will supervise are mandated by statute. The MnCHOICES assessment team is currently part of two teams, Long Term Care and Disability Services. The determination to have the assessors supervised in two teams was partially related to the division of work and the connection to teams. Over time, it has been realized a team of assessors under one supervisor will best serve the employees and the program delivery. Additionally, assessment of the reimbursement of MnCHOICES assessments led to a recommended change to the current cost pool and random moment time study. The Social Service Time Study (SSTS) cost pool generates more revenue than the Local Collaborative Time Study. Moving the PH Nurses to the SSTS and into Human Services is projected to increase the revenue to cover the cost of a supervisor for this team. The makeup of the team will also include other HS program area(s) to bring all social services teams to a reasonable span of control of approximately 1 supervisor to 12 employees. Estimate costs associated with this position, e.g. salary, benefits, advertising. C44/1- $83,221 salary + $19,200 benefits estimate + $14,076 PERA & taxes = $116,497 (estimate uses 2025 salary and benefits amounts) Indicate revenue sources that fund this position, e.g. county, state, federal, private, grant. Moving all employees who complete MnCHOICES assessments to the SSTS, provides a projection of increased revenue that will cover most if not all of the costs associated with the supervisory role. How is this workload currently being managed, e.g. temporary employees, redistribution, job share? The workload is currently split between two Human Services teams and supervisors. Adding a supervisor and having all MnCHOICES assessors on the same team will benefit the people served and assist in addressing work coverage needs and continuity with one supervisor. What alternatives have you explored to filling this position? The alternative is to continue status quo. The span of control for the supervisors is not viable on a long-term basis. The assessors are part of two teams – joint staff meetings have been held to address consistent messaging at the same time. This requires additional team meetings for staff and supervisors. What are the consequences of not filling the position? The teams will continue to ‘split’ between two supervisors. The supervisors have a span of control larger than recommended (12 employees). A combined team will provide improved streamlining of service to the people of Otter Tail County. Timely access to assessments and reassessments provides people with eligibility access to the services they need to remain in the community with supports and services. ADMINISTRATION 218-998-8060 ® LIVE YOUR best life HERE. @ 520 W. Fir Avenue Hiring Request Form requiring County Board Action Approved by County Board 12/14/10 Updated October 2014 Approval Department Head Signature: Date: 10/28/2024 Team Leader Signature: Date: Finance, Property & License Management Committee Recommendation (if applicable): Date: Administration/Operations Committee Recommendation: Date: County Board Action: Date: ~ t r STATE OF MINNESOTA JOINT POWERS AGREEMENT SWIFT Contract Number: 260527 ORI: MN0560000 MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE This Joint Powers Agreement ("Agreement") is between the State of Minnesota, acting through its Commissioner of Public Safety on behalf of the Bureau of Criminal Apprehension ("BCA"), and the "County of Otter Tail on behalf of its County Sheriff's Office at 417 Court St South Fergus Falls, MN 56537" ("Governmental Unit"). The BCA and Governmental Unit may be referred to jointly as "Parties". Recitals Under Minnesota Statutes,§ 471.59, the BCA and the Governmental Unit are empowered to engage in agreements that are necessary to exercise their powers. The parties wish to work together to investigate and prosecute crimes committed against children and the criminal exploitation of children that is committed and/or facilitated by or through the use of computers, and to disrupt and dismantle organizations engaging in these activities. The Governmental Unit wants to participate in the Minnesota Internet Crimes Against Children (ICAC) Task Force and be provided reimbursement of the following: equipment, training, and expenses (including travel and overtime) as are incurred by law enforcement as a result of ongoing investigations. Agreement 1. Term of Agreement 1.1 Effective Date. This Agreement is effective on the date BCA obtains all required signatures pursuant to Minnesota Statutes, § 16C.05, subdivision 2. 1.2 Expiration Date. This Agreement expires five years from the date it is effective unless terminated earlier pursuant to clause 12. 2. Purpose The Governmental Unit and BCA enter into this Agreement to implement a three-pronged approach of prevention, education and enforcement to combat internet crimes against children. This Agreement provides the mechanism to reimburse the Governmental Unit for equipment, training and expenses (including travel and overtime), which are incurred by law enforcement as a result of these investigations. 3. Standards The Governmental Unit will adhere to the ICAC Program standards identified below. 3.1 Investigate activities related to internet crimes and the exploitation of children through the use of computers. 3.2 Investigate organizations to disrupt and dismantle crimes committed against children. 3.3 Investigators will follow appropriate state and/or federal laws in obtaining arrest warrants, search warrants and civil and criminal forfeitures. Investigators will follow proper legal procedures in securing evidence, including electronic devices. 3.4 Investigators will understand and use appropriate legal procedures in the use of informants including documentation of identity, monitoring of activities, and use and recordation of payments. 3.5 Investigators will use, as appropriate, the most current investigative technologies and techniques. 3.6 Investigators must be licensed Minnesota peace officers. 1 ICAC JPA Template {revised April 2024) SWIFT Contract Number: 260527 ORI: MN0560000 3.7 Investigators will comply with the guidelines of the Department of Justice Internet Crimes Against Children Program Operational and Investigative Standards. 4. Responsibilities of the Governmental Unit and the BCA 4.1 The Governmental Unit will: 4.1.1 Government Unit must submit Performance Measure data to the ICAC DataSystem (IDS) by the end of each month for the duration of this Agreement. The BCA must fulfil as a recipient of the Office of Juvenile Justice Delinquency Prevention (OJJDP) grant award for MN ICAC Task Force in partnering with law enforcement agencies. Failure to timely provide the OJJDP with Performance Measure data may jeopardize the BCA's future grant qualifications as well as result in the delinquent law enforcement agency's denial to participate in MN ICAC Task Force. 4.1.2 Assign a Governmental Unit point of contact to act as the liaison between it and the BCA ICAC Project Commander to assist in reimbursement deadlines. 4.1.3 Submit an ICAC reimbursement request for pre-approval of funds. This request shall include a description of the item requested for reimbursement and an explanation of how it qualifies under the required criteria in Clauses 3.1 and 3.2 and an operational plan. 4.1.4 Conduct investigations in accordance with provisions of the ICAC Operational and Investigative Standards, identified in Clause 3.7 above, and conclude the investigations in a timely manner. 4.1.5 Allow BCA to inform participating agencies of potential case connections based on data submitted to BCA through the ICAC Program. 4.1.6 Not comingle ICAC funds with any other existing federal or state grant funded overtime or additional local Governmental Unit funding . 4.2 The BCA will: 4.2.1 Provide a Special Agent In Charge who will serve as the Commander of the Task Force. 4.2.2 Review and approve or decline reimbursement requests under clause 4.1.2 within seven (7) business days of the reimbursement request. 4.3 Nothing in this Agreement shall otherwise limit the jurisdiction, powers, and responsibilities normally possessed by a Governmental Unit acting through its employees. 5. Payment 5.1 To receive reimbursement for an expense, Governmental Unit must make a request for reimbursement to the BCA Authorized Representative under the required criteria for operational and investigative standards. 5.2 To receive approved reimbursement, Governmental Unit must submit an expense form no later than 15 business days after the end of the month during which the expense is incurred. 5.3 The BCA will pay the Governmental Unit within thirty (30) calendar days of the submission of the expense form. 5.4 In the event Governmental Unit breaches this Agreement, it will not be eligible to receive reimbursement for any expenses. 6. Authorized Representatives The BCA's Authorized Representative is the following person or her successor: Name: Bobbi Jo Pazdernik, Commander of MN ICAC Address: Department of Public Safety; Bureau of Criminal Apprehension 1430 Maryland Street East Saint Paul, MN 55106 Telephone: 651-793-7000 E-mail Address: bobbijo.pazdernik@state.mn.us The Governmental Unit's Authorized Representative is the following person or his/her successor: Name Address: Telephone: E-mail Address: Barry Fitzgibbons 417 Court Street S Fergus Falls, MN 56537 218-998-8555 sheriff@ottertailcounty.gov If the Governmental Unit's Authorized Representative changes at any time during this Agreement, the Governmental Unit must immediately notify the BCA's Authorized Representative above 2 ICAC JPA Template (revised April 2024) 7. Assignment, Amendments, Waiver, and Agreement Complete SWIFT Contract Number: 260527 ORI: MN0560000 7.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this Agreement. 7.2 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. 7.3 Waiver. If the BCA fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. 7.4 Agreement Complete. This Agreement contains all negotiations and agreements between the BCA and the Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 8. Liability The BCA and the Governmental Unit agree 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 any others and the results thereof. The BCA's liability shall be governed by provisions of the Minnesota Tort Claims Act, Minnesota Statutes, § 3. 736, and other applicable law. The Governmental Unit's liability shall be governed by provisions of the Municipal Tort Claims Act, Minnesota Statutes, §§ 466.01-466.15, and other applicable law. 9. Audits Under Minnesota Statutes, § 16C.05, subdivision 5, the Governmental Unit's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA and/or the State Auditor and/or Legislative Auditor, as appropriate, for a minimum of six (6) years from the end of this Agreement. 10. Government Data Practices The Governmental Unit and the BCA must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 and other applicable law, as it applies to all data provided by the BCA under this Agreement and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this Agreement. The civil remedies of Minnesota Statutes§ 13.08 apply to the release of the data referred to in this clause by either the Governmental Unit or the BCA. If the Governmental Unit receives a request to release the data referred to in this Clause, the Governmental Unit must immediately notify the BCA. The BCA will give the Governmental Unit instructions concerning the release of the data to the requesting party before the data is released. 11. Venue The 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. 12. Expiration and Termination 12.1 Either party may terminate this Agreement at any time, with or without cause, upon 30 days written notice to the other party. To the extent funds are available, the Governmental Unit shall receive reimbursement in accordance with the terms of this Agreement through the date of termination. 12.2 In the event that federal funding is no longer available, the BCA will email the Governmental Unit's Authorized Representative and terminate the Agreement. The termination will be effective two (2) business days after email notification to the Governmental Unit; and the Governmental Unit shall receive reimbursement in accordance with the terms of this Agreement through the date of termination. 13. Continuing Obligations The following clauses survive the expiration or cancellation of this Agreement: 8, Liability; 9, Audits; 10, Government Data Practices; and 11 , Venue. • 3 ICAC JPA Template (revised April 2024) SWIFT Contract Number: 260527 ORI: MN0560000 The parties indicate their agreement and authority to execute this Agreement by signing below. 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minnesota Statutes§§ 16A.15 and 16C.05. Signed: __________________ _ Date: __________________ _ SWIFT PO Number: 30000XXXXX 3. DEPARTMENT OF PUBLIC SAFETY; BUREAU OF CRIMINAL APPREHENSION By: ________________ _ (with delegated authority) Title: Deputy Superintendent, Investigations Date: __________________ _ 2. GOVERNMENTAL UNIT 4. COMMISSIONER OF ADMINISTRATION Governmental Unit certifies that the appropriate person(s) has(have) executed this Agreement on behalf of the Governmental Unit and its jurisdictional government e ti s required by applicable articles, laws, by-laws, resolu n to clinances. Date: ---+-,Lf--+--l/2~2 7 ____ /~-"-------,z {,____ __ _ By: As delegated to the Office of State Procurement By: _________________ _ Date: __________________ _ Title: ;JJ~ /f'J)1krJ Date: By: ~ J(i,,/; ;1'1o1 Iv, S d /1 Title: Date: 4 ICAC JPA Template (revised April 2024) RESOLUTION NO. ____ _ RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE COUNTY OF OTTER TAILON BEHALF OF ITS SHERIFF'S OFFICE REGARDING THE MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE (ICAC) WHEREAS, the County of Otter Tail on behalf of its Sheriff's Office desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to utilize applicable state and federal laws to investigate and prosecute crimes committed against children and the criminal exploitation on children that is committed and/or facilitated by or through the use of computers. NOW, THEREFORE, BE IT RESOLVED by the County Board of Otter Tail, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the County of Otter Tail on behalf of its Sheriff's Office, are hereby approved. A Copy of the Joint Powers Agreement is attached to this Resolution and made a part of it. 2. That the Sheriff, Barry Fitzgibbons, or his or her successor, is designated the Authorized Representative for the Sheriff's Office. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the County's connection to the systems and tools offered by the State. 3. That Kurt Mortenson-, the Chair of the County of Otter Tail, and Nicole Hansen, the County Administrator, are authorized to sign the State of Minnesota Joint Powers Agreements. Passed and Adopted by the County Board on this __ day of ____ -, 2024. Otter Tail County Board of Commissioners By: Kurt Mortenson County Board Chair ATTEST: _____________ _ By: Nicole Hansen County Administrator MEMORANDUM Date: November 14, 2024 To: Otter Tail County Board of Commissioners Cc: Nick Leonard, Deputy Administrator Scott Bjerke, Assistant Director Jeff Haugen, Landfill and Transfer Station Supervisor From: Chris McConn, P.E., Solid Waste Director RE: Purchase of Walking Floor Trailer for Compacting Single Sort Recycling Loadout at Henning I. BACKGROUND The Solid Waste Department is planning to start construction of a new transfer station building at its Henning facility in 2025. The County received a grant ($250,000) from the Minnesota Pollution Control Agency (MPCA) to purchase and install a compactor and compactor compatible walking floor trailer. We desire to order the trailer in November pending board approval. II. ANALYSIS Our budgetary number is $140,000 and we have reviewed trailers from both Prairie Trailer and North American Trailers (which is a Sourcewell participant). Lead time is about 3 months and the trailer needs to be received and paid for before Grant Agreement expires on 5/30/2025. III. Recommendation The Department recommends purchasing a Mac walking floor trailer from North American Trailers with a final price of $122,007.00 I:\Board Actions\2024\Henning Trailer\M 10312024 EGCIC trailer.docx 218-998-8950 @ SOLID WASTE Solid Waste Administration/Recycling Center 1115 North Tower Road Fergus Falls, MN 56537 OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER @ ottertailcounty.gov MAC WASTE TRAILER, INC 2360 W. MAIN ST. ALLIANCE, OH 44601 Phone: (234) 214-6420 Website: WWW.MACTRAILER.COM This offer is valid until the printed expiration date, and is subject to change at Manufacturer discretion based on market conditions. MOVINGFLOOR SS COMPACTOR Quote ID # 97725 JOB # Rev 6 *** Customer Balance Due Qty Dealer Name Weight Quote ExpiresQuote Date lbs. Ottertail County NORTH AMERICAN TRAILER SALES, LTD 1 $122,007.00 18757 115 11/1/24 12/1/24 Cubic Yards Dealer Salesman COREY WHITE Plant of Mfg WModel Code IO Cust P.O. #Cust Unit #SOURCEWELL #6285 SOURCEWELL CONTRACT #092922-MCT BODY LOAD PROFILE MATERIAL, 80K GVWR LENGTH 45 WIDTH 102 DRIVE UNIT HALLCO, 3-1/2 IN. CYLINDER (HEAVY DUTY) I-6K FLOOR HALLCO 1/2" TRIPLE RIDGE 41-6430 (102 W) HYDRAULIC PIPE STAINLESS STEEL HYDRAULIC PIPE CROSSMEMBER TYPE STANDARD CROSSMEMBER SPACING 5-1/4 IN. I-BEAMS, 12 O.C. RUBBER SEAL YES WALL HEIGHT 104 TAPERED SIDES NONE WALL LINER 1/4 LAST 10 FEET FULL LID ALUM FULL LID TOP RAIL OPTION 2-1/4 IN. VERT. PANEL TOP RAIL 2-1/4 IN. VERT. PANEL TOP RAIL TOP RAIL OVERLAY CAP NONE TARP BAR NONE BULKHEAD 1/4 IN W/ BULKHEAD BRACING add 1ft x 1ft "mesh window" toward top of bulkhead to help relieve pressure BULKHEAD STEPS NONE FRONT FENDERS WITH FLAPS NONE WELDED PANELS INSIDE/OUTSIDE FULL WELDED TAPER SIDE FENDERWELLS NONE POCKET TYPE 2-1/4IN STANDARD POCKETS BOTTOM RAIL SQUARE, NO CLEAN OUT COMPACTOR COMPATIBLE HEIL PIN COMPATIBLE HEIL PIN SIZE 2-3/4IN PIN UPPER CROSS TUBES / CAPS NONE, FULL LID ONLY TIRE CARRIER NONE SIDES 2-1/4 X 15-1/2 VERT. PANELS - (BUFFED) LIGHTS LIGHT TYPE GROTE L.E.D. W/ GROMMET LIGHT PANEL 3 LARGE-3 SMALL-3 LARGE (IN TAILGATE) OOO ooo OOO APRON NONE STD. MARKER LIGHTS (3) EACH SIDE MID-TURNS (1) PAIR L.E.D. (NON-COMBO) BACK-UP LIGHTS NONE AUXILIARY CABLE NONE REAR POCKET LIGHTS 1 PAIR GATE Page 1 of 311/6/24 2:34 pm GATE SHEET THICKNESS SMOOTH SIDE PANELS GATE OPERATION MECHANICAL SIDE LATCH HINGE TYPE DOUBLE DOOR COMPACTOR COMPATIBLE GATE BRACING NO BRACING (SMOOTH SIDE PANELS) SAFETY CHAIN YES WINDERS / SAFETY LATCH WINDERS (1) SIDE ONLY GATE STEPS NONE TARP HOOKS NONE PRIMARY AXLES MODEL CLOSED TANDEM NO. OF PRIMARY AXLES 2 SUSPENSION HEND. INTRAAX AAT-25K W/ HXL-5 AXLE SPACING 49 SUB-FRAME TANDEM (ALUM. T-BEAM) AXLES AXLE FOR INTRAAX ONLY BRAKES 7 IN. XL, W/ 30-30 CHAMBERS CAM GUARDS HEND. INTRAAX HUB AND DRUM CAST W/ STEEL HUB HP 10 STUD TP, LS, 7 IN. TIRES GENERAL RA 11 R 22.5 16 PLY WHEELS ALUMINUM HP 22.5X8.25 - ALL POLISHED (XP) PRIMARY AXLE TIRE INFLATION SYSTEM MOVED TO CHASSIS LIFT AXLESNO. OF LIFT AXLES 0 LIFT AXLE SUSPENSION NONE LIFT KIT NONE LIFT AXLE DISTANCE N/A LIFT AXLE NONE LIFT AXLE BRAKES NONE LIFT AXLE CAM GUARDS NONE LIFT AXLE HUB AND DRUM NONE LIFT AXLE TIRES NONE LIFT AXLE WHEELS NONE LIFT AXLE CONTROLS NONE FREE WHEEL VALVE NONE LIFT AXLE TIRE INFLATION SYSTEM MOVED TO CHASSIS STEERABLE LIFT AXLES NO. OF STEERABLE AXLES 0 STEERABLE AXLE SUSPENSION NONE STEERABLE AXLE DISTANCE N/A STEERABLE AXLES NONE STEERABLE AXLE BRAKES NONE STEERABLE AXLE HUB AND DRUMS NONE STEERABLE AXLE TIRES NONE STEERABLE AXLE WHEELS NONE STEERABLE AXLE CONTROLS NONE STEERABLE AXLE LIFT KIT NONE CHASSIS PIN SETTING 36 5TH WHEEL PLATE 3/8 LOW PROFILE 5TH WHEEL PLATE HEIGHT 48 IN. HIGH GALVANIZED SUSPENSION HANGERS INCLUDED W/ SUSPENSION SUSPENSION CONTROL BALL VALVE ABS FOR TRAILER (1) 2S1M MERITOR / WABCO SLACKS AUTOMATIC TIRE INFLATION SYSTEM NONE AXLE LUBRICATION HXL, SYNTHETIC SEMI-FLUID GREASE HUBODOMETER NONE DUST COVERS YES Page 2 of 311/6/24 2:34 pm DOLLIES - LANDING GEAR - LANDING LEGS JOST H451 - (62,500 LB.) - 10 YEAR NO LUBE - GALVANIZED STEEL - D.S. REGISTRATION HOLDER BETTS PS-1 W/ SIGHT GLASS (ROUND HOLDER) AIR GAUGE / SYSTEM NONE ENCLOSURE FOR SWITCHES NONE AIR TANKS ALUMINUM TANK HYDRAULIC HOSE FITTING 1 IN. X 108 IN. HOSE W/ WING FITTING FLAPS FRONT OF TIRES NONE FLAPS REAR OF TIRES FLAP BEHIND REAR AXLE BUMPER MOVER BUMPER TARP TARP MANUFACTURER NONE TARP CONTROL NONE TARP COLOR NONE BOW HOLDERS NONE TARP BRACKET NONE PAINT SUSPENSION COLOR BLACK SOFT COAT PIN STRIPING BLACK (931716) MAC MACHINE FINISH LOGOS BLACK (931716) OPTIONAL SIGNS NONE Due to potential material cost increases, delivered unit pricing will be finalized 90 days prior to start of production. FOB NATS Total BALANCE DUE UNIT PRICE Sales Tax FET SUB TOTAL Freight FOB MfgLoc Total Down Payment Trade In Allowance $0.00 $0.00 $2,940.00 $0.00 $0.00 $122,007.00 $122,007.00 $119,067.00 $119,067.00 97725 Pricing is in U.S. Currency Quote # Job # ORDER CANCELLATION POLICY *** denotes a weight for reference only. Trailer weight will be provided with the engineering design approval packet. Orders configured with common published and non-published options will not be subject to a cancellation penalty when the Manufacturer receives the request for cancellation 12 or more weeks prior to the scheduled production date. All cancellation requests received within 12 weeks but no less than 8 weeks of the scheduled production start date must be approved by the Product Manager for the specified product line and will be subject to a $2500.00 cancellation fee. Cancellation requests within 8 weeks of the scheduled production start date will not be accepted. Page 3 of 311/6/24 2:34 pm MEMORANDUM Date: November 27, 2024 To: Otter Tail County Board of Commissioners Cc: Nick Leonard, Deputy Administrator Scott Bjerke, Assistant Director Brooks Andersen, Recycling Manager Jeff Haugen, Landfill and Transfer Station Supervisor Nick Heeter, Household Hazardous Waste Program Manager From: Chris McConn, P.E., Solid Waste Director RE: Solid Waste Parcel Fee Increase The Solid Waste Department recommends increasing its Solid Waste Parcel fee from $16/point to $17/point. This would result in the per household annual cost to increase from $80 to $85. A public hearing was held on Tuesday, November 19th for the proposed change. I. Summary a. 2025 Budget is based on increase from $16 to $17 per point. b. Budget includes $2.4 Million/year average capital improvement costs over the next five years. Projects include equipment replacement, landfill closures, and facility buildings at multiple locations. c. Increased costs of operation including labor and environmental regulations. d. An increase from $16 to $17 for point will result in approximately $260,000 in revenue generation per year. II. History of Fee Schedule 1994- 2000- 2002- 2003- 2008- 2017- 2019- 2023- 1999 2001 2002 2007 2016 2018 2022 2024 $7.50 $8.00 $7.50 $8.00 $8.50 $11.00 $14.00 $16.00 218-998-8950 @ SOLID WASTE Solid Waste Administration/Recycling Center 1115 North Tower Road Fergus Falls, MN 56537 OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER @ ottertailcounty.gov III. Examples of Need for increased Fees Between inflation, the 5-year Capital Improvement Plan and the goals established in the Master Plan, below is a list of some specific cost increases that are causing the increase: a. Final Cover at Henning Demolition Landfill in 2025/2026 b. Replace Scale Deck at Fergus Falls Transfer Station c. Future building improvements at transfer stations. There are significant changes to many parts of the solid waste regulations in Minnesota that are not considered as part of the current budget. The Minnesota Pollution Control Agency has multiple unfunded mandates that are being planned, including: • Construction and Demolition Landfill Rule Revisions • groundwater and air quality testing for PFAs (per- and polyfluoroalkyl substances). • Restrictions on use of post closure funds IV. CONCLUSION The Department respectfully requests your authorization for the proposed Parcel Fee increase, effective January 3, 2025. Attached is a resolution for your consideration. SOLID WASTE DEPARTMENT RESOLUTION CHANGING SOLID WASTE MANAGEMENT SERVICE CHARGE OTTER TAIL COUNTY RESOLUTION NO. 2024 - Click here to enter text. WHEREAS, pursuant to the authority granted under Minnesota Statute 400.08 and Section 4:02(C) and 4:03 of the Otter Tail County Solid Waste Management Ordinance, Otter Tail County may impose solid waste management charges; and adjust the amount charged. WHEREAS, Solid Waste Management Service Charges may be billed and collected on a per parcel basis. They may also be collected by licensed haulers. Currently, Otter Tail County uses a per parcel basis to collect service charges. Parcels are charged based on the number of points calculated and the cost per point. WHEREAS, public notices were published and a public meeting was held satisfying requirements of the aforementioned ordinance for adjusting the per parcel based service charge. WHEREAS, the Otter Tail County Solid Waste Department has recommended increasing the cost per point from sixteen and 00/100 dollars ($16.00) to seventeen and 00/100 dollars ($17.00) per point per year. NOW THEREFORE BE IT RESOLVED THAT, that the Otter Tail County Board of Commissioners hereby authorizes the per parcel service fee to be increased from sixteen and 00/100 dollars ($16.00) to seventeen and 00/100 dollars ($17.00) per point per year, effective January 3, 2025. The motion for the adoption of the foregoing resolution was introduced by Commissioner _____________, duly seconded by Commissioner _____________ and, after discussion thereof and upon vote being taken thereon, passed unanimously. Adopted at Fergus Falls, MN this 3rd day of December 2024. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: December 3, 2024 By: _________________________________________ Attest: ______________________________ Kurt Mortenson, Board of Commissioners Chair Nicole Hansen, Clerk STATE OF MINNESOTA ) ) COUNTY OF OTTER TAIL ) I, Nicole Hansen, the County Administrator, do hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by Otter Tail County at a duly authorized meeting therefore held on the 3rd day of December 2024. ________________________________ Nicole Hansen, Clerk \\otc-fs04\shares$\Solid Waste\Board Actions\2024\NEOT Property Search\NEOT - Property Search Memo-Full Board Dec 3.docx MEMORANDUM Date: November 26, 2024 To: Board of Commissioners Cc: Nick Leonard, Deputy Administrator Scott Bjerke, Assistant Director Jeff Haugen, Landfill and Transfer Station Supervisor From: Chris McConn, P.E., Director RE: Purchase Agreement for 10 acres at NEOT Landfill I. BACKGROUND The Solid Waste Department manages ash generated by the Prairie Lakes Municipal Solid Waste Authority (PLMSWA). PLMSWA desires to recycle its ash in lieu of landfilling. On October 8, 2024, the Board of Commissioners authorized County representatives to negotiate with owners of desirable property for ash recycling; and sign a purchase agreement, contingent on final board approval. A purchase agreement (attached) has been prepared and signed by Seller and County for 10 acres (property) for $120,000.00. II. ADDITIONAL INFORMATION The property is located east and adjacent to the Northeast Otter Tail (NEOT) landfill property where PLMSWA ash is currently managed (see attached aerial map). A certificate of survey (attached) and title review have been prepared. Solid Waste staff attended the November 20, 2024 PLMSWA Board meeting to review the purchase agreement. The PLMSWA Board unanimously voted indicating their support for the purchase with the understanding the cost would be included in future ash management fees. As part of the discussion and motion, PLMSWA identified the need to prepare agreement language expanding services from Otter Tail County to PLMSWA to include both ash disposal and ash recycling. III. RECOMMENDATION The Solid Waste Department respectfully requests the Board of Commissioners to approve the attached purchase agreement to purchase 10 acres for $120,000.00. SOLID WASTE Solid Waste Administration/Recycling Center 1115 North Tower Road Fergus Falls, MN 56537 PURCHASE AGREEMENT BEFORE YOU USE OR SIGN THIS CONTRACT, YOU SHOULD CONSULT WITH AN ATTORNEY TO DETERMINE THAT THIS CONTRACT ADEQUATELY PROTECTS YOUR LEGAL RIGHTS. 1. Parties. t'-This Purchase Agreement is made on the 2 8 ... day of Dc+r1J.e r, 2024, by and between Dennis M. Koehn and Audrey G. Koehn of 50801 Us Highway 10, New York Mills, MN 56567, SELLER, AND The County of Otter Tail, a political subdivision of the State of Minnesota of Fergus Falls, MN 56537, BUYER. 2. Offer and Acceptance. Buyer agrees to purchase and Seller agrees to sell real property located in Otto Township, County of Otter Tail, State of Minnesota, hereafter the "property," legally described as: That part of the fractional Northwest Quarter of the Northeast Quarter of Section 2, Township 135 North, Range 38 West of the Fifth Principal Meridian, Otter Tail County, Minnesota, described as follows: Commencing at the northwest corner of said fractional Northwest Quarter of the Northeast Quarter; thence North 89 degrees 29 minutes 10 seconds East, on an assumed bearing along the north line of said fractional Northwest Quarter of the Northeast Quarter for 33.13 feet to the point of beginning, being a found iron monument on the right of way line of Minnesota Trunk Highway No. 10, according to State Highway Right of Way Plat No. 56-14; thence continuing North 89 degrees 29 minutes 10 seconds East along the north line of said fractional Northwest Quarter of the Northeast Quarter for 740.26 feet; thence South 00 degrees 21 minutes 19 seconds West, parallel with the west line of said fractional Northwest Quarter of the Northeast Quarter, for 782.96 feet to the northerly right-of-way line of said Minnesota Trunk Highway No. 1 O; thence North 62 degrees 36 minutes 45 seconds West, along the northerly right of way line of said highway, for 830.95 feet; thence North 00 degrees 21 minutes 19 seconds East along the right of way line of said highway and parallel with the west line of said fractional Northwest Quarter of the Northeast Quarter, for 394.07 feet to the point of beginning. Containing 10.00 acres, more or less, subject to easements, restrictions, and reservations of sight or record, if any. 1 3. 4. 5. 6. Parcel #part of 47-000-02-0014-900 Contingencies. This Purchase Agreement is contingent upon the final approval by the Board of Commissioners. If the above contingencies are not removed on or before December 4, 2024, this Purchase Agreement shall become null and void and of no further effect. Price and Terms. The purchase price for the real property is One Hundred Twenty Thousand and no/100ths Dollars ($120,000.00) which Buyer shall pay in full at closing. \.11 'v' Date of Closing. q., ~ v0J1 D,ece....,~e< l l Z02Cf \-o The date of closing shall be on or before f:obFl:lary 2-S, 20~6. 0 JtJ IL .,1 . SJ? A-KG • '', o~~'' Deed and Marketable Title. JO _2 8'·li1 /1--v~trcA4 Upon performance by Buyer, Seller shall execute and deliver a Warranty Deed conveying marketable title, subject to the following title exceptions: i. Building and zoning laws, ordinances, state and federal regulations; ii. Restrictions relating to use or improvement of the property without effective forfeiture provisions; iii. Reservation of any mineral rights; iv. Utility and drainage easements which do not interfere with existing improvements; v. Encumbrances, easements, covenants, conditions, restrictions, or declaration (without an association) which have been disclosed to Buyer. vi. The lien of real property taxes and the lien of special assessments and interest due thereon, if any, payable in the year of closing which by the terms of this Purchase Agreement are to be paid or assumed by Buyer. Although Seller has disclosed these title issues and Buyer has indicated a general willingness to take title subject to these title issues, these title issues are 2 subject to other provisions of the Purchase Agreement and to an examination of title based upon the Minnesota Title Standards and upon Minnesota Law. 7. Taxes: Seller agrees to pay all of the real estate taxes due and payable in the year 2024. Buyer agrees to pay all of the real estate taxes due and payable in the year 2025. Seller warrants that real estate taxes due and payable in the year 2024 will be ag homestead classification. The seller makes no representation or warranty whatsoever concerning the amount of real estate taxes which shall be assessed against the property subsequent to the date of purchase. Seller is unaware of any special assessments certified for payment, levied, or pending. If a special assessment becomes pending after the date of this Agreement and before the date of closing, Buyer shall assume payment of the pending special assessment without adjustment to the purchase price of the property. 8. Seller's Access, Restrictions. and Lien Warranties. Seller warrants that there is a right of access to the real property from a public right of way. Seller warrants that there has been no labor or material furnished to the property for which payment has not been made. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the property. These warranties shall survive the delivery of the deed or contract for deed. 9. Hazardous Substances. Seller knows of no hazardous substances or petroleum products having been placed, stored or released from or on the real property by any person in violation of any law, nor of any underground storage tanks having been located on the real property at any time. 10. Protected Sites. Seller has no knowledge that the property has any conditions that are protected by federal or state law ( such as American Indian burial grounds, other human burial grounds, ceremonial earthworks, historical structures or materials or archeological sites). 11 . Disclosure of Notices. Seller has not received any notice from any governmental authority as to 3 violation of any law, ordinance, or regulation affecting the real property. If the property is subject to restrictive covenants, Seller has not received any notice from any person as to a breach of the covenants. Seller has not received any notice from any governmental authority concerning any eminent domain, condemnation, special taxing district, or rezoning proceedings. 12. Diseased Trees. Seller has not received any notice from any governmental authority as to the existence of any dutch elm disease, oak wilt, or other disease of any trees on the property. 13. Possession. The seller further agrees to deliver possession not later than date of closing provided that all conditions of this agreement have been complied with. 14. Condemnation. In the event this property is destroyed or substantially damaged by fire or any other cause before the closing date, this agreement shall become null and void, at the buyer's option, and all monies paid hereunder shall be refunded to buyer. 15. Examination of Title. Within a reasonable time after acceptance of this Purchase Agreement, Seller shall furnish Buyer with an Abstract of Title certified to date including proper searches covering bankruptcies and State and Federal judgments, liens, and levied and pending special assessments. Buyer shall have thirty (30) business days after receipt of the Abstract of Title either to have Buyer's attorney examine the title and provide Seller with written title objections or, at Buyer's own expense, to make an application for a title insurance policy and notify Seller of the application. Buyer shall have twenty (20) business days after receipt of the Commitment for Title Insurance to provide Seller with a copy of the Commitment and written title objections. Buyer shall be deemed to have waived any title objections not made within the applicable twenty (20) day period for above, except that this shall not operate as a waiver of Seller's covenant to deliver a statutory Warranty Deed, unless a Warranty Deed is not specified above. If Buyer obtains title insurance, Buyer is not waiving the right to obtain a good and marketable title of record from Seller. 16. Title Corrections and Remedies. If Seller elects to correct such objections under the examination of title provision hereof, Seller shall use reasonable efforts to provide marketable title by the ·date 4 of closing. Seller agrees to pay all costs and fees necessary to convey marketable title including obtaining and recording all required documents. If Seller elects to cancel, Buyer may waive such title objections by written notice ·to Seller. Seller shall have 180 days from the earlier of either (i) the date of closing or (ii) receipt of Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections, Seller shall, within twenty (20) business days, notify Buyer of Seller's intention to make title marketable within the above-referenced 180 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the closing shall be postponed or the parties may agree to close with the Seller depositing funds in escrow sufficient to pay all costs and attorney's fees which could be incurred in correcting title. As an alternative to making title good and marketable of record, Seller may, within the twenty (20) day notice period, make a written, dated offer to Buyer to obtain title insurance for Buyer with insuring provisions acceptable to Buyer (and, if applicable, Buyer's lender), as follows: • Seller may procure, at Seller's expense, an owner's policy of title insurance, from an insurer registered and licensed to do business in Minnesota and acceptable to Buyer, specifically insurance over the title objections. • If the title objections are stated in a title insurance commitment which Buyer has obtained, Seller may provide the insurer with such documents and escrow as are necessary to allow the insurer to specifically insure over the title objections and agree to pay all of the insurer's charges for issuing the owner's policy to Buyer. Under either of these title insuring alternatives, "at Seller's expense", and "pay all of the insurer's charges" means that Seller will pay all title insurance commitment and policy premium charges, search charges, plat drawing fees, and any other charge by the insurer to issue the owner's policy, but not the premium for a lender's policy, if any. If buyer accepts Seller's offer of an insurable title, then in this Purchase Agreement, "making title marketable" shall mean "making title insurable" in the manner described above. Buyer is under no obligation to accept Seller's offer of an insurable title in lieu of a good and marketable title of record, but, if Buyer does not reject Seller's offer of an insurable title within three (3) business days of receiving Seller's offer, Buyer shall be deemed to have accepted Seller's offer of an insurable title. If Buyer rejects Seller's offer to make title marketable, Seller shall then make title good and marketable of record and 5 shall be subject to the provisions of this Purchase Agreement for failure to timely present good and marketable title of record. (a) If the closing is postponed and Seller makes title marketable, then upon presentation to Buyer and proposed lender of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the closing shall take place within ten (10) business days, oron the scheduled closing date, whichever is later. (b) If the closing is postponed and if Seller does not notify Buyer of Seller's intention to make title marketable, or Seller provides such notice but the 180 day period expires without title being made marketable due to Seller's failure to proceed in good faith, Buyer may elect: (i) Cancel the Purchase Agreement by notice to Seller, and neither party shall be liable for damages hereunder to the other in which case the Purchase Agreement shall be null and void and all earnest money paid hereunder shall be refunded to Buyer; (ii) Elect to take title subject to some or all of the title objections; (iii) To undertake proceedings to correct the title objections and Buyer may proceed to correct title at Seller's expense with the costs and attorney's fees for such correction being paid out of closing. (iv) Buyer may seek specific performance within six months after such right of action arises. (c) If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may elect to either of the following options, as permitted by law: (i) Cancel this Purchase Agreement as provided by statute and retain all payments made hereunder as liquidated damages. The parties acknowledge their intention that any note given pursuant to this Purchase Agreement is a down payment note, and may be presented for payment notwithstanding cancellation; (ii) Seek specific performance within six months after such right of action arises, including costs and reasonable attorney's fees, as permitted by law. (d) If title is marketable, or is made marketable as provided herein, and Seller 6 defaults in any of the agreements herein, Buyer may elect to either of the following options, as permitted by law: 17. Notices. (i) Seek damages from Seller including costs and reasonable attorney's fees; (ii) Seek specific performance within six months after such right of action arises; including costs and reasonable attorney's fees; (iii) Cancel this Purchase Agreement as provided by statute and neither party shall be liable for damages hereunder to the other, and the earnest money shall be refunded to Buyer. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at Paragraph 1 above, and if mailed, are effective as of the date of mailing. 18. Wetland, Shoreland, and Flood Plain Concerns. Unless disclosed as "a material fact" that could adversely and significantly affect Buyer's use and enjoyment of the real property or any intended use of the real property, current law does not require Seller to disclose Seller's knowledge, if any, of the existence of wetlands, shoreland, or flood plain on or affecting the real property. If Buyer has not already investigated these concerns, Buyer might want to include Seller's disclosures regarding these concerns. 19. Closing. Closing shall be at the office of Samuel D. Felix, KARKELA, HUNT & CHESHIRE, PLLP. At closing, Seller and Buyer shall disclose their Social Security Numbers or Federal Tax Identification Numbers for the purposes of completing state and federal tax forms. 20. Closing Costs. The costs of closing shall be paid as follows: (a) SELLER'S COSTS: i. Document preparation costs, recording fees, and deed taxes for documents necessary to establish good and marketable title in Seller. ii. Document preparation costs, certified copy fees, and recording fees, to establish the authority of the person action on behalf of Seller. iv. Seller's Attorney's Fees 7 (b) BUYER'S COSTS: i. Drafting of Purchase Agreement ii. Document preparation costs, recording fees, and mortgage registration taxes for documents necessary for Buyer's mortgage financing; iii. Abstract updating or Title Commitment iv. Title Examination v. Document preparation costs for Warranty Deed, Certificate of Real Estate Value, Sewage Treatment Transfer Form, Affidavit Regarding Seller, Affidavit Regarding Purchaser, Certification of Non-Foreign Status, and any other documents required to convey the Property iv. Buyer's Attorney's Fees vi. Recording fee for Deed vii. State Deed Tax viii. Closing fee, if closed at the office of the Karkela, Hunt & Cheshire Law office. 21. Well and Sewer Disclosure. Seller and Buyer acknowledge there is no private well or a private sewer system on the premises. 22. Zoning. AIRPORT ZONING REGULATIONS. If airport zoning regulations affect this real property, a copy of those airport zoning regulations as adopted can be viewed or obtained at the office of the County Recorder where the zoned area is located. THIS IS A LEGALLY BINDING CONTRACT. BEFORE SIGNING, CONSULT A LAWYER. Dennis M. Koehn and Audrey G. Koehn agree to sell the property for the price and on the terms and conditions set forth above. Dennis M. Koehn, Seller ~~ C 1,£. G /!r.-" LJ 8 The County of Otter Tail agrees to purchase the property for the price and on the terms and conditions set forth above. By: __________ ,Buyer Its: By: __________ , Buyer Its: 9 Otter Tail County, MN, Otter Tail County,MN, Otter Tail County GIS ±Otter Tail County Web Map Not a legal document. For Reference Use Only. Accuracy is not guaranteed. https://ottertailcounty.gov/ 0 0.150.075 mi ""' t .,; ... ·:._ ; ) t -~.,. ::i1:"r,. 0350245000 ' ,, ' .·, '. ,f,!_~~ .... _.,. 2 ,-~,..~ ,. '41000020018000 };.<~:. .. • • ~i,)- ~~ ~ .. ,;• ... ' .:, "'•,~~--= .. ~~ ,, \i 52000350243 ~~~-·- ~ '~. >.,':_ ';~~ _,, 70000200160 I I I I CERTIFICATE OF SURVEY PART OF THE FRACTIONAL NW1/4 NE1/4 SECTION 2, TOWNSHIP 135 NORTH, RANGE 38 WEST OF THE FIFTH PRINCIPAL MERIDIAN, ,rN1/4 COR. S.2, T135N, R38W OTTER TAIL COUNTY, MINNESOTA 1 FD. IRON PIPE WITH CAP REMNANTS 0.28' / SOUTH O F RECORD POSITION CIM SET BY Co. I 1 SURVEYOR IN 1969 -Doc No. 489692 t 100' 200' / ,,-86 --N89°29'10"E 2634.60--r N. LINE OF HORIZONTAL SCALE IN FEET 1 ------/ S.2, T135N, R38W , _a_s _✓_✓_.::l-411✓~✓;,:..-_-_P_o_a_-_a1 _____ N..;;8.;.9_02_9_·1_o·_·E _________ QI ',~1 / ~, N89°29'10"E 740.26 / 33.13 / 33' I I I I ~ 0 a 2: W LINE OF -----1 S.2, T135N, R38W 0 • POB fi a a 2: TRACT DESCRIBED 10.00 Ac. ------7N'LY R/W OF STATE / HIGHWAY RIGHT OF WAY PLAT No. 56-14 -f. -I '~S1/4 COR S.2, T135N, R38W 1" IRON PIPE -Doc No. 1012022 LEGEND = SET MONUMENT 5/8" x 24" REBAR WITH YELLOW PLASTIC CAP MARKED "LS 44866" = FOUND MONUMENT = POINT OF BEGINNING ,, I-.} I , I ' ....... ,<~ ... , .... , I NE COR J S.2, T135N, R38W CAST IRON MON. Doc No. 489691 I I Tract Description That part of the fractional Northwest Quarter of the Northeast Quarter of Section 2, Township 135 North, Range 38 West of the Fifth Principal Meridian, Otter Tail County, Minnesota, described as follows: Commencing at the northwest corner of said fractional Northwest Quarter of the Northeast Quarter; thence North 89 degrees 29 minutes 10 seconds East, on an assumed bearing along the north line of said fractional Northwest Quarter of the Northeast Quarter for 33.13 feet to the point of beginning, being a found iron monument on the right of way line of Minnesota Trunk Highway No, 10, according to State Highway Right of Way Plat No. 56-14; thence continuing North 89 degrees 29 minutes 10 seconds East along the north line of said fractional Northwest Quarter of the Northeast Quarter for 740.26 feet; thence South 00 degrees 21 minutes 19 seconds West, parallel with the west line of said fractional Northwest Quarter of the Northeast Quarter, for 782.96 feet to the northerly right-of-way line of said Minnesota Trunk Highway No. 10; thence North 62 degrees 36 minutes 45 seconds West, along the northerly right of way line of said highway, for 830.95 feet; thence North 00 degrees 21 minutes 19 seconds East along the right of way line of said highway and parallel with the west line of said fractional Northwest Quarter of the Northeast Quarter, for 394.07 feet to the point of beginning. Containing 10.00 acres, more or less, subject to easements, restrictions, and reservations of sight or record, if any. Interstate Engineering 87 ----e = B CORNER DESIGNATION FROM HWY PLAT I HEREBY CERTIFY THAT THIS SURVEY ,PLAN OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS Surveyed & Platted by: .... 116 East Washington Avenue P0Box316 Proj No .. ER241016.0X SURVEY FOR: = TRACT BOUNDARY = SECTION LINE = QUARTER LINE = RIGHT-OF-WAY LINE NOTE: THIS SURVEY WAS BASED ON THE OTTER TAIL COUNTY COORDINATE SYSTEM -NAD83 (2011) X \2024\ER.\10\ER24-10-151 to ER24• 10·200\ER24-10-ISS on~ Ta~ CO...nty SOiid Wa.stt\20_0.00_XXHKX)O(X\070_PlSu,v\EIU'IIOISS_NEOT _lOAc_ TAACT_COS <twg 10/17(202'1 OF THE S:ATE OF ~S~ ~INTERSTATE ~ ENGINEERING Professionals you need, people you can trust Fergus Falls, MN 56538 (218) 739.5545 www.interstateeng.com Date 10/17/24 Drawn By: JRO Checked By: MLF OTTER TAIL COUNTY SOLID WASTE DEPARTM ENT KARKELA, HUNT & CHESHIRE, PLLP Attorneys: Paul B. Hunt+ Samuel D. Felix• Attorneys & Counselors at Law Teny A. Karkela-deceased November 13, 2024 Sarah R. Cheshire-deceased The County of Otter Tail 1115 North Tower Road Fergus Falls MN 56537 RE: Title Opinion At your request, I have reviewed the Abstract of Title to the following described real property: That part of the fractional Northwest Quarter of the Northeast Quarter of Section 2, Township 135 North, Range 38 West of the Fifth Principal Meridian, Otter Tail County, Minnesota, described as follows: Commencing at the northwest corner of said fractional Northwest Quarter of the Northeast Quarter; thence North 89 degrees 29 minutes 10 seconds East, on an assumed bearing along the north line of said fractional Northwest Quarter of the Northeast Quarter for 33.13 feet to the point of beginning, being a found iron monument on the right of way line of Minnesota Trunk Highway No. 10, according to State Highway Right of Way Plat No. 56-14; thence continuing North 89 degrees 29 minutes 10 seconds East along the north line of said fractional Northwest Quarter of the Northeast Quarter for 740.26 feet; thence South 00 degrees 21 minutes 19 seconds West, parallel with the west line of said fractional Northwest Quarter of the Northeast Quarter, for 782.96 feet to the northerly right-of-way line of said Minnesota Trunk Highway No. 10; thence North 62 degrees 36 minutes 45 seconds West, along the northerly right of way line of said highway, for 830.95 feet; thence North 00 degrees 21 minutes 19 seconds East along the right of way line of said highway and parallel with the west line of said fractional Northwest Quarter of the Northeast Quarter, for 394.07 feet to the point of beginning. Containing 10.00 acres, more or less, subject to easements, restrictions, and reservations of sight or record, if any. 450 West Main Street• Perham, MN 56573 Phone: 218-346-4995 • fax: 218-346-4405 • website: www.finnanswer.com * Licensed in North Dakota + Licensed in Minnesota Federal Court Page2 November 13, 2024 Parcel #part of 47-000-02-0014-900 The description herein was provided by the Abstract of Title thereto, which has been delivered to me, and which consists of 46 entries, and is certified to by West Central Abstracting Company of Fergus Falls, Minnesota, as complete to November 4, 2024, at 8:00 o'clock A.M. Assuming said Abstract to be accurate and complete, I am of the opinion that marketable title in fee simple is in the following named persons: Dennis M. Koehn and Audrey G. Koehn, as joint tenants Please notice the following qualifications to my opinion of marketable title: 1. At entry #11 there is a Final Condemnation Certificate to the State of Minnesota for highway purposes, which is dated September 5, 1939 and recorded September 13, 1939 in Book F of Judgments, page 35. A review of this survey is necessary to determine its effect on the above described real property. 2. At entry #26 there is a Road Vacation by Otto Township which is dated November 4, 1975 and recorded December 4, 1975 in Book 100 of Miscellaneous, page 444. A review of this road vacation is necessary to determine its effect on the above described real property. 3. At entry #27 there is a Final Condemnation Certificate to the State of Minnesota for highway purposes, which is dated November 29, 1976 and recorded December 30, 1976 in Book U of Judgments, page 389 and as shown at entry #23 on the State Highway Right of Way Plat. A review of this survey is necessary to determine its effect on the above described real property. 4. At entry #37 there is an Easement to Otter Tail County and State of Minnesota which is dated April 26, 2002 and recorded April 26, 2002 as Document #0902551. Said easement purpose is for access, maintaining, and sampling monitoring wells and leachate collection lines. A review of this easement is necessary to determine its effect on the above described real property. 5. The property is subject to any special assessments and ordinances of the Township of Otto which do not appear in the Abstract. You must contact the Township Clerk to determine if there are any special assessments against the property and to review any local ordinances which affect the property. 6. The Abstract reflects that the taxes for 2024 and all prior taxes are paid in full. Page 3 November 13, 2024 7. This opinion is based solely on the abstract and the matters contained therein at the time of examination, therefore, I am not rendering an opinion on the following: A. Abstract Date -Closing Date. This Title Opinion does not cover the period of time between the date of the Abstract of Title and the closing during which documents (including liens) could be recorded against the property. If you desire, these matters can be checked immediately prior to closing. B. Mechanic's and Materialman's Liens. Anyone who has furnished labor or material to the property within the last 120 days, and if they have not been paid by the owners of the property, then it is possible that a mechanic's lien could be filed against this property. You should inquire of the owners and inspect the property to determine whether there are any improvements in process or recently completed which might give rise to any such lien rights. If there have been such improvements, you should determine whether the improvements have been or will be paid for in full and should obtain a "Seller's Affidavit" at closing to address the possibility of any untiled or unrecorded liens. No mechanic's liens appear to have been filed to the date of the last continuation of the documents examined. C. Parties in Possession. You are charged by law with notice of, and take the property subject to, the rights of any persons (e.g. tenants) who are in possession of some or all of the property. The existence of such rights, if any, usually does not appear of record. You should make an investigation with regard to the existence of any such rights and satisfy yourself that no one is in possession of the property other than the owner noted in the title opinion. You should obtain a "Seller's Affidavit" at closing to address the question of rights of parties in possession. D. Boundaries and Possession. This Title Opinion does not include or constitute an inspection of the property and thus does not assure the lot size, the location of boundary lines, the existence and/or location of structures and/or improvements on the premises, or whether there are any encroachments from or upon adjoining property, overlaps, or existing boundary disputes. You should inspect the property to determine if there are any strangers in possession of the property. Your inspection should also include locating the boundaries of the property. You should note the location of any fences, neighboring buildings, roads, ditches, driveways, and utility lines which have not been disclosed through recorded easement. If you are in doubt about any of these matters, it may be necessary to have the property surveyed. Page4 November 13, 2024 E. Unrecorded Easements. Individuals and public authorities who do not own the property may acquire through long use and, often by unrecorded documents, absolute rights to travel over the property or to maintain sewers, telephone lines, drains, etc., upon, under and over the property. These rights can and may exist even though not of record. You should inspect the property to determine whether the property is affected by such easements. F. Pollutants. This Title Opinion does not cover the existence of any wells, underground tanks, pollutants, contaminants, adulterants, or hazardous materials on or in the property, as defined by local, state, or federal law, or liens for the removal of same. As owner of the property you may be responsible for costs of cleaning up and removing the aforementioned substances. Therefore, you must make inquiry regarding same prior to purchase of the property. G. Security Interests. This Title Opinion does not include a search of other public records to disclose the existence of leases, liens, or security interests in fixtures, crops or other personal property (e.g., major appliances, air conditioners, water softeners, leased or financed buildings, etc.) which may be included in the sale. H. Laws and Ordinances. The property is subject to Federal, State, County and Local statutes laws, regulations, rules, and ordinances including subdivision, zoning and shoreland management ordinances which affect the property and you must determine their effect on the property. I. Survey. This opinion is subject to any encroachments, easements, measurements, variations in area or content, party walls or other facts which a correct survey of the property would show. J. Addressee. This opinion is given to and is for the benefit of only the person named as addressee at the beginning of the opinion. It is not an opinion as to the interest or marketability of the interest claimed by any other party and cannot be relied upon by any other party. H. Miscellaneous. You are responsible to determine if there are any special assessments against the property; to verify and test, if necessary, the status and fitness for use of any well/water and sewer systems on the premises; to inspect and test, if necessary, for any construction you will do and for any basement or roof leakage; to apply for any homestead classification; and to verify that any personal property you are purchasing is included on a written agreement or the Purchase Agreement. Page 5 November 13, 2024 I appreciate the opportunity to be of service to you. With Regards, ---~-·..:Yn?~ Samuel D. Felix sfelix@firmanswer.com tm CONTRACT FOR LEGAL SERVICES IN HOSPITALIZATION COMMITMENT PROCEEDINGS, CERTAIN GUARDIANSHIP/CONSERVATORSHIP, PATERNITY, AND ORDER TO SHOW CAUSE PROCEEDINGS THIS AGREEMENT made and entered into by and between the COUNTY OF OTTERTAIL and Brian Geis (hereinafter referred to as "Counsel"): RECITALS A. Certain financial eligible respondents may, in the discretion of Otter Tail District Court, be entitled to counsel at public expense; B. The County hereby contracts with Counsel to provide professional legal services and representation of said eligible respondents in hospitalization commitment proceedings, certain guardianship/conservatorship, paternity, and Order to Show Cause proceedings; and C. Counsel are duly licensed, qualified, and willing to perform said services and representation. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, Otter Tail County and Counsel agree as follows: 1. Term. The term of this agreement shall be from January 1, 2025, through December 31, 2026, for appointments made by Otter Tail District Court during said term in hospitalization commitment proceedings, certain guardianship/conservatorship, paternity, and Order to Show Cause proceedings, such representation to continue in these cases until they reach conclusion, if approved by the Court. 2. Personnel. A. Counsel shall provide professional legal advice and representation in accordance with the terms of this agreement as attorneys to represent persons designated by the Court who are: 1) Alleged to be mentally ill; chemically dependent; developmentally disabled; mentally ill and chemically dependent; mentally ill and developmentally disabled; developmentally disabled, mentally ill and chemically dependent; and Jarvis-type hearings; 2) Proposed wards and conservatees pursuant to Minnesota Statutes governing guardianship and conservatorship proceedings (now pursuant to 524.5-304, 406 in any proceedings under 524.5-303, 403); 3) Indigent putative fathers in paternity proceedings; and 4) Persons directed to respond to Orders for Contempt for failure to provide or pay child support, spousal maintenance, dependent health insurance coverage or other Orders to Show Cause involving indigent persons. B. Under this Agreement, there is no obligation to represent persons in civil commitment proceedings alleged to be sexually dangerous persons; persons alleged to have a sexual psychopathic personality; persons alleged to have a psychopathic personality; persons alleged to be mentally ill and dangerous; or persons alleged to be developmentally disabled and dangerous. C. Counsel, once appointed, shall assume full responsibility for the case. Counsel shall be responsible for securing Substitute Counsel as necessary. If, after diligent efforts, counsel is unable to secure Substitute Counsel, the appointed counsel must notify Court Administration of efforts made and Court will appoint Substitute Counsel. Said Substitute Counsel shall be subject to approval by the assigned Otter Tail District Court Judge at no additional cost to the County. Once appointed, Substitute Counsel may withdraw from representation only upon approval of the assigned Otter Tail District Judge. D. The assigned Otter Tail District Judge shall appoint counsel for eligible persons as described in above-paragraph A by Court Order; Court Administration shall assign Counsel under court- appointment contracts to represent eligible persons in a manner that ensures equal distribution of case assignments. Conflict of interest shall be the only reason to decline said appointments. Any questions or concerns regarding the appointment/assignment process shall be presented to Court Administration in writing. 3. Administration and Support. Counsel shall provide: A. All general administrative services, including scheduling of attorney court appearances necessary to ensure orderly and timely provision of all legal services required herein. B. Office facilities adequate to perform all legal services required herein. C. All necessary stationary, office supplies, and office equipment, including, but not limited to, computer equipment, telephones, and copy equipment. Photocopies are the responsibility of Counsel, except for those made at Otter Tail Court Administration or the Department of Human Services in preparation for trial. D. All transportation necessary for provision of all legal services required herein. Otter Tail County shall pay attorneys an hourly rate of $75.00 for any travel to and from client interviews and hearings held outside of Fergus Falls, Minnesota, and mileage at the same rate per mile as is paid to county employees for mileage incurred while providing representation/services under this agreement. Invoices for travel time and mileage as set forth under this paragraph shall be submitted to the Otter Tail County Court Administrator by the 15th of each month, beginning January 1, 2025, and continuing to January 15, 2027, which shall set forth: 1) Client name/court file number; 2) Detailed description of services rendered; 3) Date said service was rendered; 4) The number of hours spent on each date service was rendered; 5) The rate of hourly pay ($75.00 per hour); 6) All expenses incurred, as allowed by this order, in the representation of clients in the above-named cases; and 7) A total amount due for the services rendered and expenses incurred; and 8) Covering the immediate past month. E. Such library and reference materials as Counsel deems necessary. 4. Time Required. Counsel shall work sufficient hours necessary to ensure competent performance of all services required by this contract. 5. Time Records. Counsel agrees to maintain, or cause to be maintained, accurate and complete time records of all attorney work provided pursuant to this agreement, with said time records being kept in orderly and understandable manner. Counsel shall submit to Otter Tail Court Administration by January 15, 2025, and by the 15th of each month thereafter until said cases have reached disposition, a detailed statement, which contains the name of the case, the court file number, a brief description of services rendered, the number of hours spent on the file each month, all expenses incurred in the representation of parents, guardians, or custodians in these proceedings, as allowed by this agreement, and a total amount due for the expenses incurred during the immediate previous month, payable by Otter Tail County within thirty days of submission of said statement. Otter Tail County reserves the right to withhold compensation if time record is submitted more than sixty (60) days past the due date. 6. Compensation. For the term of January 1, 2025, through December 31, 2026, Otter Tail County shall pay Brian Geis total amount of $32,400.00 as compensation for eligible persons in hospitalization commitment proceedings, certain guardianship/conservatorship, paternity, and Order to Show Cause proceedings. Payment shall be disbursed to Brian Geis in the amount of $2,700.00 per month to be paid beginning in February 2025 and continuing with payment for each month for a total of 12 months. 7. Other Reimbursement. Counsel shall be reimbursed for only the following costs and expenses in providing representation pursuant hereto, to the extent approved in advance by a Judge serving Otter Tail County: a. The cost of employing such expert witnesses as is reasonably required and proper to represent a client hereunder; b. The costs of all necessary subpoenas (need not be approved in advance); and c. All reasonable and necessary costs and expenses incurred hereunder on the appeal, including, but not limited to, filing fees, transcript costs and printing costs. 8. Other Provisions. It is further understood and agreed by Otter Tail County and Counsel that A. Any alterations, amendments, deletions or waivers affecting provisions of this contract shall be valid only if reduced to writing and duly signed by Otter Tail County and Counsel. B. No claim for services, expenses, costs or fees furnished or submitted by Counsel not specifically provided for in this contract will be paid or reimbursed by the County unless service, expense, cost or fee has been specifically ordered by the assigned Otter Tail District Judge or independently authorized by the County, with amount of payment or reimbursement to be negotiated as appropriate in each individual case. C. For purposes of this contract, Counsel are independent contractors as defined by law in the State of Minnesota, and not employed by the County. Neither Counsel nor their Employees or Subcontractors acquire any tenure rights, nor any other rights or benefits under a County personnel program covering medical and hospital care, sick pay, vacation pay or severance pay. D. Counsel agrees to defend, indemnify and hold Otter Tail County, its employees and officials harmless from any claims, demands, actions or causes of action, including reasonable attorney fees and expenses arising out of any act or omission on the part of the Counsel, or its subcontractors, partners or independent contractors or any of their agents or employees in the performance of, or with relation, to any of the work or services to be performed or furnished by Counsel or the subcontractors, partners, or independent contractors or any of their agents or employees under the agreement. E. As required by Minnesota District Court, Counsel must electronically file and accept e-service using the eFile and eService system (eFS). 9. Insurance. Counsel further agrees that in order to protect itself, as well as the County, under the indemnity provisions set forth above, it will at all times during the term of this contract keep in force: A. Professional Liability: $500,000 per individual; $1,500,000 per incident, (M.S. 466.04); B. Automobile Coverage: $100,000 per individual; $300,000 per incident; C. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty (30) days' prior notice thereof to the County. Counsel will furnish the County with certificates of bonding and insurance within thirty (30) days of the signing of this contract. 10. It is understood and agreed that the entire agreement of the parties is contained herein and that this agreement supersedes all oral agreements and negotiations between the parties, relating to the subject matter hereof, as well as any previous agreements or Court orders presently in effect between Counsel and the County relating to the subject matter hereof. 11 . Data Privacy/HIPPA Requirements. For purposes of this Contract all data collected, created, received, maintained, or disseminated shall be governed by the Minnesota Government Data Practices Act, Minn. Ch. 13 and the Minnesota Rules implementing the act now in force or hereafter adopted, as well as federal laws on data privacy. Counsel will strictly comply with adopted, as well as federal laws on data privacy. Counsel will strictly comply with these statutes and rules. All subcontracts shall contain the same or similar data practices compliance requirements. Counsel agrees to maintain and protect all Individual Identifiable Health Information (IIHI) in accordance with all regulations promulgated pursuant to the Health Insurance Portability and Accountability Act (HIPAA) an applicable state law relating to medical records. Specifically, Counsel will use the IIHI only to effectuate the purposes of the agreement and will: a. Appropriately safeguard IIHI b. Report any misuse of IIHI c. Secure satisfactory assurances from any subcontractor, if applicable d. Grant individuals access and ability to amend their IIHI e. Make available an accounting of disclosures of an individual's IIHI f. Release applicable records to the County g. Upon termination, return or destroy all IIHI in accordance with retention schedules The Agency shall ensure that a joint Release of Information document is completed prior to providing private information to Counsel, in accordance with Minnesota Rules, parts 1205.0100 to 1205.2000. This Agreement shall be effective as of January 1, 2025 and shall remain in full force and effect until December 31, 2026. FOR THE COUNTY OF OTTER TAIL County Board Chair County Administrator Date: _________ _ COU: ~INTED COUNSEL ....... Brian Geis Date: Oc..t: ~ 1' '2..o 2. ~ CONTRACT FOR LEGAL SERVICES IN CHILDREN IN NEED OF PROTECTION OR SERVICES, PERMANENCY, AND TERMINATION OF PARENTAL RIGHTS CASES THIS AGREEMENT made and entered into by and between the COUNTY OF OTTER TAIL (hereinafter referred to as County) and Brian Geis (hereinafter referred to as "Counsel"): RECITALS A. Certain financially eligible parents may, in the discretion of the Otter Tail District Court, be entitled to counsel at public expense; B. The County hereby contracts with Counsel to provide professional legal services and representation of said eligible parents in Children in Need of Protection or Services (CHIPS), Permanency, and Termination of Parental Rights (TPR) cases; and C. Counsel is duly licensed, qualified, and willing to perform said services and representation. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, Otter Tail County and Counsel agree as follows: 1. Term. The term of this agreement shall be from January 1, 2025, through December 31, 2026, for appointments made by Otter Tail District Court during said term in CHIPS, Permanency, and TPR proceedings, such representation to continue in these cases until they reach conclusion, if approved by the Court. 2. Personnel. Counsel shall provide professional legal advice and representation, in accordance with the terms of this agreement, in the service categories of CHIPS, Permanency, and TPR cases. All attorneys providing representation under this contract must meet the statutory and rule requirements, including timelines, for providing this type of representation -including providing supervision/entering supervision agreements as necessary. Attorneys must also meet the minimum qualifications as established by the Legislature and the Judicial Council unless an authorized exception exists and must be listed on the CHIPS Parents' Attorneys Roster as maintained by the Minnesota Judicial Branch. A. Counsel, once appointed, shall assume full responsibility for the case. Counsel shall be responsible for securing Substitute Counsel as necessary. If, after diligent efforts, counsel is unable to secure Substitute Counsel, the appointed counsel must notify Court Administration of efforts made and Court will appoint Substitute Counsel. Said Substitute Counsel shall be subject to approval by the assigned Otter Tail District Court Judge at no additional cost to the County. Once appointed, Substitute Counsel may withdraw from representation only upon approval of the assigned Otter Tail District Judge. B. The assigned Otter Tail District Judge shall appoint counsel for eligible parents, guardians, or custodians in CHIPS, Permanency, or TPR cases by Court Order; Court Administration 1 shall assign Counsel under court-appointment contracts to represent eligible parents, guardians, or custodians in a manner that ensures equal distribution of case assignments. Conflict of interest shall be the only reason to decline said appointments. Any questions or concerns regarding the appointment/assignment process shall be presented to Court Administration in writing. 3. Administration and Support. Counsel shall provide: A. All general administrative services, including scheduling of attorney court appearances necessary to ensure orderly and timely provision of all legal services required herein. B. Office facilities adequate to perform all legal services required herein. C. All necessary stationary, office supplies, and office equipment, including, but not limited to, computer equipment, telephones, and copy equipment. Photocopies are the responsibility of Counsel, except for those made at Otter Tail Court Administration or the Department of Human Services in preparation for trial. D. All transportation necessary for provision of all legal services required herein. Otter Tail County shall pay attorneys an hourly rate of $75.00 for any travel necessary outside the limits of Fergus Falls and mileage at the same rate per mile as is paid to county employees for mileage incurred while providing representation/services under this agreement. E. Such library and reference materials as Counsel deems necessary. 4. Time Required. Counsel shall work sufficient hours necessary to ensure competent performance of all services required by this contract. 5. Time Records. Counsel agrees to maintain, or cause to be maintained, accurate and complete time records of all attorney work provided pursuant to this agreement, with said time records being kept in orderly and understandable manner. Counsel shall submit to Otter Tail Court Administration by January 15, 2025, and by the 15th of each month thereafter until said cases have reached disposition, a detailed statement, which contains the name of the case, the court file number, a brief description of services rendered, the number of hours spent on the file each month, all expenses incurred in the representation of parents, guardians, or custodians in these proceedings, as allowed by this agreement, and a total amount due for the expenses incurred during the immediate previous month, payable by Otter Tail County within thirty days of submission of said statement. Otter Tail County reserves the right to withhold compensation if time record is submitted more than sixty (60) days past the due date. 6. Duties and Responsibilities. Counsel shall provide: A. Legal advice and representation for parents, guardians, and custodians in all qualifying CHIPS, Permanency, and TPR cases at all stages of the proceedings. A qualifying case is 2 one which meets the eligibility requirements of M.S. 611.17 and 260C.163, subd. 3 thereby resulting in appointment of legal representation by the Court. B. Counsel shall remain the counsel of record for all cases to which he is appointed prior to December 31, 2026. Said appointments shall end on December 31, 2026, unless a written agreement is reached between the County and Counsel. If the Court does not approve the withdrawal of counsel the County agrees to pay the Counsel the hourly sum of $75.00 for completion of files assigned prior to December 31, 2026. C. Counsel are required to ensure that needed Court Appointed Attorney coverage by at least one attorney will be available for Emergency Protective Care hearings which, whenever possible, are scheduled on Tuesdays and Thursdays at 3:00 p.m. D. Counsel are required to ensure that at least one of them will attend each Otter Tail County Children's Justice Initiative meetings and trainings as scheduled periodically, said attendance to be determined by the attorneys. No compensation will be paid for attendance at these meetings or trainings. E. Appearance at CHIPS, Permanency, and TPR hearings will be given priority by the Court and Counsel when scheduling conflicts arise with other Court appearances. Counsel must notify Otter Tail Court Administration as soon as a scheduling conflict is known and work with Court Administration to resolve the scheduling conflict. F. Case Counting Methodology 1) When appointed on a child protection case, that appointment shall count as one case regardless of how many children or files the client has in a single proceeding. This counts as one case because most often there is not extra work or time required for each child. However, if hearings are set separately for different files or separate cases do not track on the same court schedule, with Court approval these may count as separate cases as more work and time will be required. 2) When a parent/client has a CHIPS case that subsequently proceeds to a Permanency case, whether TPR or Transfer of Custody, the Permanency proceeding constitutes a separate case. 3) If a case is closed and then reopened at a later time by a separate petition because there is a new child protection issue and counsel is re-appointed to the same client, that also constitutes a separate case. G. Based on the basic principle that each person appearing in court has the right to be represented by counsel, Rule 25.6: Withdrawal or Discharge of Counsel, of the Minnesota Rules of Juvenile Protection Procedure, will be followed. 3 7. Compensation. 8. For the term of January 1, 2025, through December 31, 2026, Otter Tail County shall pay 29th & Law, P.C. the total amount of $54,000.00 as compensation for the representation of indigent parents and custodians in CHIPS, Permanency, and TPR proceedings. Payment shall be disbursed in the amount of $4,500.00 per month, to be paid beginning in February 2025 and continuing with payment for each month for a total of 12 months. Other Provisions. It is further understood and agreed by Otter Tail County and Counsel that: A. Any alterations, amendments, deletions or waivers affecting provisions of this contract shall be valid only if reduced to writing and duly signed by Otter Tail County and Counsel. B. No claim for services, expenses, costs or fees furnished or submitted by Counsel not specifically provided for in this contract will be paid or reimbursed by the County unless service, expense, cost or fee has been specifically ordered by the assigned Otter Tail District Judge or independently authorized by the County, with amount of payment or reimbursement to be negotiated as appropriate in each individual case. C. For purposes of this contract, Counsel are independent contractors as defined by law in the State of Minnesota, and not employed by the County. Neither Counsel nor their Employees or Subcontractors acquire any tenure rights, nor any other rights or benefits under a County personnel program covering medical and hospital care, sick pay, vacation pay, or severance pay. D. Counsel agrees to defend, indemnify and hold Otter Tail County, its employees and officials harmless from any claims, demands, actions or causes of action, including reasonable attorney fees and expenses arising out of any act or omission on the part of the Counsel, or its subcontractors, partners or independent contractors or any of their agents or employees in the performance of, or with relation, to any of the work or services to be performed or furnished by Counsel or the subcontractors, partners, or independent contractors or any of their agents or employees under the agreement. E. As required by Minnesota District Court, Counsel must electronically file and accept e- service using the eFile and eService system (eFS). 9. Insurance. Counsel further agree that in order to protect itself, as well as the County, under the indemnity provisions set forth above, it will at all times during the term of this contract keep in force: A. Professional Liability: $500,000 per individual; $1,500,000 per incident, (M.S. 466.04); B. Automobile Coverage: $100,000 per individual; $300,000 per incident; 4 C. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty (30) days' prior notice thereof to the County. Counsel will furnish the County with certificates of bonding and insurance within thirty (30) days of the signing of this contract. 10. It is understood and agreed that the entire agreement of the parties is contained herein and that this agreement supersedes all oral agreements and negotiations between the parties, relating to the subject matter hereof, as well as any previous agreements or Court orders presently in effect between Counsel and the County relating to the subject matter hereof. 11. Data Privacy/HIPPA Requirements. For purposes of this Contract all data collected, created, received, maintained, or disseminated shall be governed by the Minnesota Government Data Practices Act, Minn. Ch. 13 and the Minnesota Rules implementing the act now in force or hereafter adopted, as well as federal laws on data privacy. Counsel will strictly comply with adopted, as well as federal laws on data privacy. Counsel will strictly comply with these statutes and rules. All subcontracts shall contain the same or similar data practices compliance requirements. Counsel agrees to maintain and protect all Individual Identifiable Health Information (IIHI) in accordance with all regulations promulgated pursuant to the Health Insurance Portability and Accountability Act (HIPAA) an applicable state law relating to medical records. Specifically, Counsel will use the IIHI only to effectuate the purposes of the agreement and will: a. Appropriately safeguard IIHI b. Report any misuse of IIHI c. Secure satisfactory assurances from any subcontractor, if applicable d. Grant individuals access and ability to amend their IIHI e. Make available an accounting of disclosures of an individual's IIHI f. Release applicable records to the County g. Upon termination, return or destroy all llHI in accordance with retention schedules The Agency shall ensure that a joint Release of Information document is completed prior to providing private information to Counsel, in accordance with Minnesota Rules, parts 1205.0100 to 1205.2000. 5 This Agreement shall be effective as of January 1, 2025 and shall remain in full force and effect until December 31, 2026. FOR THE COUNTY OF OTTER TAIL OINTED COUNSEL County Board Chair Brian Geis County Administrator Date: ________ _ 6 CONTRACT FOR LEGAL SERVICES IN HOSPITALIZATION COMMITMENT PROCEEDINGS, CERTAIN GUARDIANSHIP/CONSERVATORSHIP, PATERNITY, AND ORDER TO SHOW CAUSE PROCEEDINGS THIS AGREEMENT made and entered into by and between the COUNTY OF OTTERTAIL and 29th & Law, P.C. (hereinafter referred to as “Counsel”): RECITALS A. Certain financial eligible respondents may, in the discretion of Otter Tail District Court, be entitled to counsel at public expense; B. The County hereby contracts with Counsel to provide professional legal services and representation of said eligible respondents in hospitalization commitment proceedings, certain guardianship/conservatorship, paternity, and Order to Show Cause proceedings; and C. Counsel are duly licensed, qualified, and willing to perform said services and representation. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, Otter Tail County and Counsel agree as follows: 1. Term. The term of this agreement shall be from January 1, 2025, through December 31, 2026, for appointments made by Otter Tail District Court during said term in hospitalization commitment proceedings, certain guardianship/conservatorship, paternity, and Order to Show Cause proceedings, such representation to continue in these cases until they reach conclusion, if approved by the Court. 2. Personnel. A. Counsel shall provide professional legal advice and representation in accordance with the terms of this agreement as attorneys to represent persons designated by the Court who are: 1) Alleged to be mentally ill; chemically dependent; developmentally disabled; mentally ill and chemically dependent; mentally ill and developmentally disabled; developmentally disabled, mentally ill and chemically dependent; and Jarvis-type hearings; 2) Proposed wards and conservatees pursuant to Minnesota Statutes governing guardianship and conservatorship proceedings (now pursuant to 524.5-304, 406 in any proceedings under 524.5-303, 403); 3) Indigent putative fathers in paternity proceedings; and 4) Persons directed to respond to Orders for Contempt for failure to provide or pay child support, spousal maintenance, dependent health insurance coverage or other Orders to Show Cause involving indigent persons. B. Under this Agreement, there is no obligation to represent persons in civil commitment proceedings alleged to be sexually dangerous persons; persons alleged to have a sexual psychopathic personality; persons alleged to have a psychopathic personality; persons alleged to be mentally ill and dangerous; or persons alleged to be developmentally disabled and dangerous. C. Counsel, once appointed, shall assume full responsibility for the case. Counsel shall be responsible for securing Substitute Counsel as necessary. If, after diligent efforts, counsel is unable to secure Substitute Counsel, the appointed counsel must notify Court Administration of efforts made and Court will appoint Substitute Counsel. Said Substitute Counsel shall be subject to approval by the assigned Otter Tail District Court Judge at no additional cost to the County. Once appointed, Substitute Counsel may withdraw from representation only upon approval of the assigned Otter Tail District Judge. D. The assigned Otter Tail District Judge shall appoint counsel for eligible persons as described in above-paragraph A by Court Order; Court Administration shall assign Counsel under court- appointment contracts to represent eligible persons in a manner that ensures equal distribution of case assignments. Conflict of interest shall be the only reason to decline said appointments. Any questions or concerns regarding the appointment/assignment process shall be presented to Court Administration in writing. 3. Administration and Support. Counsel shall provide: A. All general administrative services, including scheduling of attorney court appearances necessary to ensure orderly and timely provision of all legal services required herein. B. Office facilities adequate to perform all legal services required herein. C. All necessary stationary, office supplies, and office equipment, including, but not limited to, computer equipment, telephones, and copy equipment. Photocopies are the responsibility of Counsel, except for those made at Otter Tail Court Administration or the Department of Human Services in preparation for trial. D. All transportation necessary for provision of all legal services required herein. Otter Tail County shall pay attorneys an hourly rate of $75.00 for any travel to and from client interviews and hearings held outside of Fergus Falls, Minnesota, and mileage at the same rate per mile as is paid to county employees for mileage incurred while providing representation/services under this agreement. Invoices for travel time and mileage as set forth under this paragraph shall be submitted to the Otter Tail County Court Administrator by the 15th of each month, beginning January 1, 2025, and continuing to January 15, 2027, which shall set forth: 1) Client name/court file number; 2) Detailed description of services rendered; 3) Date said service was rendered; 4) The number of hours spent on each date service was rendered; 5) The rate of hourly pay ($75.00 per hour); 6) All expenses incurred, as allowed by this order, in the representation of clients in the above-named cases; and 7) A total amount due for the services rendered and expenses incurred; and 8) Covering the immediate past month. E. Such library and reference materials as Counsel deems necessary. 4. Time Required. Counsel shall work sufficient hours necessary to ensure competent performance of all services required by this contract. 5. Time Records. Counsel agrees to maintain, or cause to be maintained, accurate and complete time records of all attorney work provided pursuant to this agreement, with said time records being kept in orderly and understandable manner. Counsel shall submit to Otter Tail Court Administration by January 15, 2025, and by the 15th of each month thereafter until said cases have reached disposition, a detailed statement, which contains the name of the case, the court file number, a brief description of services rendered, the number of hours spent on the file each month, all expenses incurred in the representation of parents, guardians, or custodians in these proceedings, as allowed by this agreement, and a total amount due for the expenses incurred during the immediate previous month, payable by Otter Tail County within thirty days of submission of said statement. Otter Tail County reserves the right to withhold compensation if time record is submitted more than sixty (60) days past the due date. 6. Compensation. For the term of January 1, 2025, through December 31, 2026, Otter Tail County shall pay Brian Geis total amount of $32,400.00 as compensation for eligible persons in hospitalization commitment proceedings, certain guardianship/conservatorship, paternity, and Order to Show Cause proceedings. Payment shall be disbursed to Brian Geis in the amount of $2,700.00 per month to be paid beginning in February 2025 and continuing with payment for each month for a total of 12 months. 7. Other Reimbursement. Counsel shall be reimbursed for only the following costs and expenses in providing representation pursuant hereto, to the extent approved in advance by a Judge serving Otter Tail County: a. The cost of employing such expert witnesses as is reasonably required and proper to represent a client hereunder; b. The costs of all necessary subpoenas (need not be approved in advance); and c. All reasonable and necessary costs and expenses incurred hereunder on the appeal, including, but not limited to, filing fees, transcript costs and printing costs. 8. Other Provisions. It is further understood and agreed by Otter Tail County and Counsel that: A. Any alterations, amendments, deletions or waivers affecting provisions of this contract shall be valid only if reduced to writing and duly signed by Otter Tail County and Counsel. B. No claim for services, expenses, costs or fees furnished or submitted by Counsel not specifically provided for in this contract will be paid or reimbursed by the County unless service, expense, cost or fee has been specifically ordered by the assigned Otter Tail District Judge or independently authorized by the County, with amount of payment or reimbursement to be negotiated as appropriate in each individual case. C. For purposes of this contract, Counsel are independent contractors as defined by law in the State of Minnesota, and not employed by the County. Neither Counsel nor their Employees or Subcontractors acquire any tenure rights, nor any other rights or benefits under a County personnel program covering medical and hospital care, sick pay, vacation pay or severance pay. D. Counsel agrees to defend, indemnify and hold Otter Tail County, its employees and officials harmless from any claims, demands, actions or causes of action, including reasonable attorney fees and expenses arising out of any act or omission on the part of the Counsel, or its subcontractors, partners or independent contractors or any of their agents or employees in the performance of, or with relation, to any of the work or services to be performed or furnished by Counsel or the subcontractors, partners, or independent contractors or any of their agents or employees under the agreement. E. As required by Minnesota District Court, Counsel must electronically file and accept e-service using the eFile and eService system (eFS). 9. Insurance. Counsel further agrees that in order to protect itself, as well as the County, under the indemnity provisions set forth above, it will at all times during the term of this contract keep in force: A. Professional Liability: $500,000 per individual; $1,500,000 per incident, (M.S. 466.04); B. Automobile Coverage: $100,000 per individual; $300,000 per incident; C. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty (30) days’ prior notice thereof to the County. Counsel will furnish the County with certificates of bonding and insurance within thirty (30) days of the signing of this contract. 10. It is understood and agreed that the entire agreement of the parties is contained herein and that this agreement supersedes all oral agreements and negotiations between the parties, relating to the subject matter hereof, as well as any previous agreements or Court orders presently in effect between Counsel and the County relating to the subject matter hereof. 11. Data Privacy/HIPPA Requirements. For purposes of this Contract all data collected, created, received, maintained, or disseminated shall be governed by the Minnesota Government Data Practices Act, Minn. Ch. 13 and the Minnesota Rules implementing the act now in force or hereafter adopted, as well as federal laws on data privacy. Counsel will strictly comply with adopted, as well as federal laws on data privacy. Counsel will strictly comply with these statutes and rules. All subcontracts shall contain the same or similar data practices compliance requirements. Counsel agrees to maintain and protect all Individual Identifiable Health Information (IIHI) in accordance with all regulations promulgated pursuant to the Health Insurance Portability and Accountability Act (HIPAA) an applicable state law relating to medical records. Specifically, Counsel will use the IIHI only to effectuate the purposes of the agreement and will: a. Appropriately safeguard IIHI b. Report any misuse of IIHI c. Secure satisfactory assurances from any subcontractor, if applicable d. Grant individuals access and ability to amend their IIHI e. Make available an accounting of disclosures of an individual’s IIHI f. Release applicable records to the County g. Upon termination, return or destroy all IIHI in accordance with retention schedules The Agency shall ensure that a joint Release of Information document is completed prior to providing private information to Counsel, in accordance with Minnesota Rules, parts 1205.0100 to 1205.2000. This Agreement shall be effective as of January 1, 2025 and shall remain in full force and effect until December 31, 2026. FOR THE COUNTY OF OTTER TAIL COURT-APPOINTED COUNSEL ________________________________ ______________________________ County Board Chair Mary N. Kaasa 29th & Law, P.C. _________________________________ County Administrator Date: ____________________________ Date: __________________________ November 21, 2024 1 CONTRACT FOR LEGAL SERVICES IN CHILDREN IN NEED OF PROTECTION OR SERVICES, PERMANENCY, AND TERMINATION OF PARENTAL RIGHTS CASES THIS AGREEMENT made and entered into by and between the COUNTY OF OTTER TAIL (hereinafter referred to as County) and 29th & Law, P.C. (hereinafter referred to as “Counsel”): RECITALS A. Certain financially eligible parents may, in the discretion of the Otter Tail District Court, be entitled to counsel at public expense; B. The County hereby contracts with Counsel to provide professional legal services and representation of said eligible parents in Children in Need of Protection or Services (CHIPS), Permanency, and Termination of Parental Rights (TPR) cases; and C. Counsel is duly licensed, qualified, and willing to perform said services and representation. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, Otter Tail County and Counsel agree as follows: 1. Term. The term of this agreement shall be from January 1, 2025, through December 31, 2026, for appointments made by Otter Tail District Court during said term in CHIPS, Permanency, and TPR proceedings, such representation to continue in these cases until they reach conclusion, if approved by the Court. 2. Personnel. Counsel shall provide professional legal advice and representation, in accordance with the terms of this agreement, in the service categories of CHIPS, Permanency, and TPR cases. All attorneys providing representation under this contract must meet the statutory and rule requirements, including timelines, for providing this type of representation – including providing supervision/entering supervision agreements as necessary. Attorneys must also meet the minimum qualifications as established by the Legislature and the Judicial Council unless an authorized exception exists and must be listed on the CHIPS Parents’ Attorneys Roster as maintained by the Minnesota Judicial Branch. A. Counsel, once appointed, shall assume full responsibility for the case. Counsel shall be responsible for securing Substitute Counsel as necessary. If, after diligent efforts, counsel is unable to secure Substitute Counsel, the appointed counsel must notify Court Administration of efforts made and Court will appoint Substitute Counsel. Said Substitute Counsel shall be subject to approval by the assigned Otter Tail District Court Judge at no additional cost to the County. Once appointed, Substitute Counsel may withdraw from representation only upon approval of the assigned Otter Tail District Judge. B. The assigned Otter Tail District Judge shall appoint counsel for eligible parents, guardians, or custodians in CHIPS, Permanency, or TPR cases by Court Order; Court Administration 2 shall assign Counsel under court-appointment contracts to represent eligible parents, guardians, or custodians in a manner that ensures equal distribution of case assignments. Conflict of interest shall be the only reason to decline said appointments. Any questions or concerns regarding the appointment/assignment process shall be presented to Court Administration in writing. 3. Administration and Support. Counsel shall provide: A. All general administrative services, including scheduling of attorney court appearances necessary to ensure orderly and timely provision of all legal services required herein. B. Office facilities adequate to perform all legal services required herein. C. All necessary stationary, office supplies, and office equipment, including, but not limited to, computer equipment, telephones, and copy equipment. Photocopies are the responsibility of Counsel, except for those made at Otter Tail Court Administration or the Department of Human Services in preparation for trial. D. All transportation necessary for provision of all legal services required herein. Otter Tail County shall pay attorneys an hourly rate of $75.00 for any travel necessary outside the limits of Fergus Falls and mileage at the same rate per mile as is paid to county employees for mileage incurred while providing representation/services under this agreement. E. Such library and reference materials as Counsel deems necessary. 4. Time Required. Counsel shall work sufficient hours necessary to ensure competent performance of all services required by this contract. 5. Time Records. Counsel agrees to maintain, or cause to be maintained, accurate and complete time records of all attorney work provided pursuant to this agreement, with said time records being kept in orderly and understandable manner. Counsel shall submit to Otter Tail Court Administration by January 15, 2025, and by the 15th of each month thereafter until said cases have reached disposition, a detailed statement, which contains the name of the case, the court file number, a brief description of services rendered, the number of hours spent on the file each month, all expenses incurred in the representation of parents, guardians, or custodians in these proceedings, as allowed by this agreement, and a total amount due for the expenses incurred during the immediate previous month, payable by Otter Tail County within thirty days of submission of said statement. Otter Tail County reserves the right to withhold compensation if time record is submitted more than sixty (60) days past the due date. 6. Duties and Responsibilities. Counsel shall provide: A. Legal advice and representation for parents, guardians, and custodians in all qualifying CHIPS, Permanency, and TPR cases at all stages of the proceedings. A qualifying case is 3 one which meets the eligibility requirements of M.S. 611.17 and 260C.163, subd. 3 thereby resulting in appointment of legal representation by the Court. B. Counsel shall remain the counsel of record for all cases to which he is appointed prior to December 31, 2026. Said appointments shall end on December 31, 2026, unless a written agreement is reached between the County and Counsel. If the Court does not approve the withdrawal of counsel the County agrees to pay the Counsel the hourly sum of $75.00 for completion of files assigned prior to December 31, 2026. C. Counsel are required to ensure that needed Court Appointed Attorney coverage by at least one attorney will be available for Emergency Protective Care hearings which, whenever possible, are scheduled on Tuesdays and Thursdays at 3:00 p.m. D. Counsel are required to ensure that at least one of them will attend each Otter Tail County Children’s Justice Initiative meetings and trainings as scheduled periodically, said attendance to be determined by the attorneys. No compensation will be paid for attendance at these meetings or trainings. E. Appearance at CHIPS, Permanency, and TPR hearings will be given priority by the Court and Counsel when scheduling conflicts arise with other Court appearances. Counsel must notify Otter Tail Court Administration as soon as a scheduling conflict is known and work with Court Administration to resolve the scheduling conflict. F. Case Counting Methodology 1) When appointed on a child protection case, that appointment shall count as one case regardless of how many children or files the client has in a single proceeding. This counts as one case because most often there is not extra work or time required for each child. However, if hearings are set separately for different files or separate cases do not track on the same court schedule, with Court approval these may count as separate cases as more work and time will be required. 2) When a parent/client has a CHIPS case that subsequently proceeds to a Permanency case, whether TPR or Transfer of Custody, the Permanency proceeding constitutes a separate case. 3) If a case is closed and then reopened at a later time by a separate petition because there is a new child protection issue and counsel is re-appointed to the same client, that also constitutes a separate case. G. Based on the basic principle that each person appearing in court has the right to be represented by counsel, Rule 25.6: Withdrawal or Discharge of Counsel, of the Minnesota Rules of Juvenile Protection Procedure, will be followed. 4 7. Compensation. For the term of January 1, 2025, through December 31, 2026, Otter Tail County shall pay 29th & Law, P.C. the total amount of $54,000.00 as compensation for the representation of indigent parents and custodians in CHIPS, Permanency, and TPR proceedings. Payment shall be disbursed in the amount of $4,500.00 per month, to be paid beginning in February 2025 and continuing with payment for each month for a total of 12 months. 8. Other Provisions. It is further understood and agreed by Otter Tail County and Counsel that: A. Any alterations, amendments, deletions or waivers affecting provisions of this contract shall be valid only if reduced to writing and duly signed by Otter Tail County and Counsel. B. No claim for services, expenses, costs or fees furnished or submitted by Counsel not specifically provided for in this contract will be paid or reimbursed by the County unless service, expense, cost or fee has been specifically ordered by the assigned Otter Tail District Judge or independently authorized by the County, with amount of payment or reimbursement to be negotiated as appropriate in each individual case. C. For purposes of this contract, Counsel are independent contractors as defined by law in the State of Minnesota, and not employed by the County. Neither Counsel nor their Employees or Subcontractors acquire any tenure rights, nor any other rights or benefits under a County personnel program covering medical and hospital care, sick pay, vacation pay, or severance pay. D. Counsel agrees to defend, indemnify and hold Otter Tail County, its employees and officials harmless from any claims, demands, actions or causes of action, including reasonable attorney fees and expenses arising out of any act or omission on the part of the Counsel, or its subcontractors, partners or independent contractors or any of their agents or employees in the performance of, or with relation, to any of the work or services to be performed or furnished by Counsel or the subcontractors, partners, or independent contractors or any of their agents or employees under the agreement. E. As required by Minnesota District Court, Counsel must electronically file and accept e- service using the eFile and eService system (eFS). 9. Insurance. Counsel further agree that in order to protect itself, as well as the County, under the indemnity provisions set forth above, it will at all times during the term of this contract keep in force: A. Professional Liability: $500,000 per individual; $1,500,000 per incident, (M.S. 466.04); B. Automobile Coverage: $100,000 per individual; $300,000 per incident; 5 C. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty (30) days’ prior notice thereof to the County. Counsel will furnish the County with certificates of bonding and insurance within thirty (30) days of the signing of this contract. 10. It is understood and agreed that the entire agreement of the parties is contained herein and that this agreement supersedes all oral agreements and negotiations between the parties, relating to the subject matter hereof, as well as any previous agreements or Court orders presently in effect between Counsel and the County relating to the subject matter hereof. 11. Data Privacy/HIPPA Requirements. For purposes of this Contract all data collected, created, received, maintained, or disseminated shall be governed by the Minnesota Government Data Practices Act, Minn. Ch. 13 and the Minnesota Rules implementing the act now in force or hereafter adopted, as well as federal laws on data privacy. Counsel will strictly comply with adopted, as well as federal laws on data privacy. Counsel will strictly comply with these statutes and rules. All subcontracts shall contain the same or similar data practices compliance requirements. Counsel agrees to maintain and protect all Individual Identifiable Health Information (IIHI) in accordance with all regulations promulgated pursuant to the Health Insurance Portability and Accountability Act (HIPAA) an applicable state law relating to medical records. Specifically, Counsel will use the IIHI only to effectuate the purposes of the agreement and will: a. Appropriately safeguard IIHI b. Report any misuse of IIHI c. Secure satisfactory assurances from any subcontractor, if applicable d. Grant individuals access and ability to amend their IIHI e. Make available an accounting of disclosures of an individual’s IIHI f. Release applicable records to the County g. Upon termination, return or destroy all IIHI in accordance with retention schedules The Agency shall ensure that a joint Release of Information document is completed prior to providing private information to Counsel, in accordance with Minnesota Rules, parts 1205.0100 to 1205.2000. 6 This Agreement shall be effective as of January 1, 2025 and shall remain in full force and effect until December 31, 2026. FOR THE COUNTY OF OTTER TAIL COURT-APPOINTED COUNSEL ________________________________ ______________________________ County Board Chair Mary N. Kaasa 29th & Law, P.C. _________________________________ County Administrator Date: ____________________________ Date: __________________________ November 21, 2024 1 CONTRACT FOR LEGAL SERVICES IN HOSPITALIZATION COMMITMENT PROCEEDINGS, AND CERTAIN GUARDIANSHIP/CONSERVATORSHIP THIS AGREEMENT made and entered into by and between the COUNTY OF OTTER TAIL and Pemberton Law Firm RECITALS A. Certain financial eligible respondents may, in the discretion of Otter Tail District Court, be entitled to counsel at public expense; B. The County hereby contracts with Counsel to provide professional legal services and representation of said eligible respondents in hospitalization commitment proceedings and certain guardianship/conservatorship proceedings; and C. Counsel is duly licensed, qualified, and willing to perform said services and representation. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, Otter Tail County and Counsel agree as follows: 1. Term. The term of this agreement shall be from January 1, 2025, through December 31, 2025, for appointments made by Otter Tail District Court during said term in hospitalization commitment proceedings and certain guardianship/conservatorship to provide representation limited to hearings that must be held as required under statute or rule and court-appointed attorneys under contract with the County are not available. 2. Personnel. A. Counsel shall provide professional legal advice and representation in accordance with the terms of this agreement as attorneys to represent persons designated by the Court who are: 1) Alleged to be mentally ill; chemically dependent; developmentally disabled; mentally ill and chemically dependent; mentally ill and developmentally disabled; developmentally disabled, mentally ill and chemically dependent; and Jarvis-type hearings; and 2) Proposed wards and conservatees pursuant to Minnesota Statutes governing guardianship and conservatorship proceedings (now pursuant to 524.5-304, 406 in any proceedings under 524.5-303, 403). B. Counsel shall be appointed only for purposes of providing representation as needed for a hearing required to be held as required by statute or rule within a certain timeline. As necessary, the case will be assigned to a court-appointed attorney under contract with the County to assume full responsibility for the case. 3. Administration and Support. Counsel shall provide: (hereinafter referred to as "Counsel"): 2 A. All general administrative services, including scheduling of attorney court appearances necessary to ensure orderly and timely provision of all legal services required herein. B. Office facilities adequate to perform all legal services required herein. C. All necessary stationary, office supplies, and office equipment, including, but not limited to, computer equipment, telephones, and copy equipment. D. Such library and reference materials as Counsel deems necessary. 4. Time Required. Counsel shall work sufficient hours necessary to ensure competent performance of all services required by this contract. 5. Time Records. Counsel agrees to maintain, or cause to be maintained, accurate and complete time records of all attorney work provided pursuant to this agreement, with said time records being kept in orderly and understandable manner. Counsel shall submit invoices to Otter Tail Court Administration within 60 days of representation which will include a detailed statement containing the name of the case, the court file number, a description of service rendered, the date said service was rendered, the number of hours spent on each date service was rendered, all expenses incurred in the representation of parents, guardians, or custodians in these proceedings, as allowed by this agreement, and a total amount due for the expenses incurred during the immediate previous month, payable by Otter Tail County within thirty days of submission of said statement. 6. Compensation. For the term of January 1, 2025, through December 31, 2025, Otter Tail County shall pay $100.00 per hour as compensation for representation as set forth in this agreement. Payment shall be disbursed following approval of Court Administration and the County. 7. Other Reimbursement. Counsel shall be reimbursed for only the following costs and expenses in providing representation pursuant hereto, to the extent approved in advance by a Judge serving Otter Tail County: a. The cost of employing such expert witnesses as is reasonably required and proper to represent a client hereunder; b. The costs of all necessary subpoenas (need not be approved in advance); and c. All reasonable and necessary costs and expenses incurred hereunder on the appeal, including, but not limited to, filing fees, transcript costs and printing costs. 8. Other Provisions. It is further understood and agreed by Otter Tail County and Counsel that: 3 A. Any alterations, amendments, deletions or waivers affecting provisions of this contract shall be valid only if reduced to writing and duly signed by Otter Tail County and Counsel. B. No claim for services, expenses, costs or fees furnished or submitted by Counsel not specifically provided for in this contract will be paid or reimbursed by the County unless service, expense, cost or fee has been specifically ordered by the assigned Otter Tail District Judge or independently authorized by the County, with amount of payment or reimbursement to be negotiated as appropriate in each individual case. C. For purposes of this contract, Counsel are independent contractors as defined by law in the State of Minnesota, and not employed by the County. Neither Counsel nor their Employees or Subcontractors acquire any tenure rights, nor any other rights or benefits under a County personnel program covering medical and hospital care, sick pay, vacation pay or severance pay. D. Counsel agrees to defend, indemnify and hold Otter Tail County, its employees and officials harmless from any claims, demands, actions or causes of action, including reasonable attorney fees and expenses arising out of any act or omission on the part of the Counsel, or its subcontractors, partners or independent contractors or any of their agents or employees in the performance of, or with relation, to any of the work or services to be performed or furnished by Counsel or the subcontractors, partners, or independent contractors or any of their agents or employees under the agreement. E. As required by Minnesota District Court, Counsel must electronically file and accept e-service using the eFile and eService system (eFS). 9. Insurance. Counsel further agrees that in order to protect itself, as well as the County, under the indemnity provisions set forth above, it will at all times during the term of this contract keep in force: A. Professional Liability: $500,000 per individual; $1,500,000 per incident, (M.S. 466.04); B. Automobile Coverage: $100,000 per individual; $300,000 per incident; C. Any policy obtained and maintained under this clause shall provide that it shall not be thereof to the County. Counsel will furnish the County with certificates of bonding and insurance within thirty (30) days of the signing of this contract. 10. It is understood and agreed that the entire agreement of the parties is contained herein and that this agreement supersedes all oral agreements and negotiations between the parties, relating to the subject matter hereof, as well as any previous agreements or Court orders presently in effect between Counsel and the County relating to the subject matter hereof. cancelled, materially changed, or not renewed without thirty (30) days' prior notice 4 11. Data Privacy/HIPPA Requirements. For purposes of this Contract all data collected, created, received, maintained, or disseminated shall be governed by the Minnesota Government Data Practices Act, Minn. Ch. 13 and the Minnesota Rules implementing the act now in force or hereafter adopted, as well as federal laws on data privacy. Counsel will strictly comply with adopted, as well as federal laws on data privacy. Counsel will strictly comply with these statutes and rules. All subcontracts shall contain the same or similar data practices compliance requirements. Counsel agrees to maintain and protect all Individual Identifiable Health Information (IIHI) in accordance with all regulations promulgated pursuant to the Health Insurance Portability and Accountability Act (HIPAA) an applicable state law relating to medical records. Specifically, Counsel will use the IIHI only to effectuate the purposes of the agreement and will: a. Appropriately safeguard IIHI b. Report any misuse of IIHI c. Secure satisfactory assurances from any subcontractor, if applicable d. Grant individuals access and ability to amend their IIHI f. Release applicable records to the County g. Upon termination, return or destroy all IIHI in accordance with retention schedules The Agency shall ensure that a joint Release of Information document is completed prior to providing private information to Counsel, in accordance with Minnesota Rules, parts 1205.0100 to 1205.2000. This Agreement shall be effective as of January 1, 2025 and shall remain in full force and effect until December 31, 2025. FOR THE COUNTY OF OTTER TAIL COURT-APPOINTED COUNSEL ______________________________________________________________ County Board Chair Pemberton Law Firm _________________________________ County Administrator Date: ____________________________Date: __________________________October 1, 2024 e. Make available an accounting of disclosures of an individual's IIHI NluJte J Tabbut >cmhcrtnn I :HAI l=irn- 1 CONTRACT FOR LEGAL SERVICES IN CHILDREN IN NEED OF PROTECTION OR SERVICES, PERMANENCY, AND TERMINATION OF PARENTAL RIGHTS CASES THIS AGREEMENT made and entered into by and between the COUNTY OF OTTER TAIL (hereinafter referred to as County) and Pemberton Law Firm RECITALS A. Certain financially eligible parents may, in the discretion of the Otter Tail District Court, be entitled to counsel at public expense; and B. The County hereby contracts with Counsel to provide professional legal services and representation of said eligible parents in Children in Need of Protection or Services (CHIPS), Permanency, and Termination of Parental Rights (TPR) cases; and C. Counsel are duly licensed, qualified, and willing to perform said services and representation. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, Otter Tail County and Counsel agree as follows: 1. Term. The term of this agreement shall be from January 1, 2025, through December 31, 2025, for appointments made by Otter Tail District Court during said term in CHIPS, Permanency, and TPR proceedings, such representation in hearings when the Court determines it necessary to ensure that the hearing can be held within statutory or rule requirements and other court- appointed attorneys under contract with the County are unavailable. 2. Personnel. Counsel shall provide professional legal advice and representation, in accordance with the terms of this agreement, in the service categories of CHIPS, Permanency, and TPR cases limited to the hearing for which counsel is representing. All attorneys providing representation under this contract must meet the statutory and rule requirements, including timelines, for providing this type of representation including providing supervision/entering supervision agreements as necessary. Attorneys must also meet the minimum qualifications as established by the Legislature and the Judicial Council unless an authorized exception exists Judicial Branch. Counsel shall be assigned to represent only as needed for the hearing with the Judge assigned full responsibility of the case to a court-appointed attorney under contract with the County. 3. Time Required. Counsel shall work sufficient hours necessary to ensure competent performance of all services required by this contract and as necessary to adequately represent a client at the assigned hearing. 4. Time Records. Counsel agree to maintain, or cause to be maintained, accurate and complete time records of all attorney work provided pursuant to this agreement, with said time records (hereinafter referred to as "Counsel"): and must be listed on the CHIPS Parents' Attorneys Roster as maintained by the Minnesota 2 being kept in orderly and understandable manner. Counsel shall submit an invoice to Otter Tail Court Administration within 60 days after representation in a hearing. The invoice will be a detailed statement, which contains the name of the case, the court file number, a description of service rendered, the date said service was rendered, the number of hours spent on each date service was rendered, all expenses incurred in the representation of parents, guardians, or custodians in these proceedings, as allowed by this agreement, and a total amount due for the expenses incurred, if any, payable by Otter Tail County within thirty days of submission of said statement. 5. Duties and Responsibilities. Counsel shall provide: A. Legal advice and representation for parents, guardians, and custodians in all qualifying CHIPS, Permanency, and TPR cases for limited representation in hearings that must be held as required by statute or rule when a court-appointed attorney is unavailable. A qualifying case is one which meets the eligibility requirements of M.S. 611.17 and 260C.163, subd. 3 thereby resulting in appointment of legal representation by the Court. B. Counsel shall remain the counsel of record for purposes of the hearing only after which the case will be assigned to a court-appointed attorney under agreement with the county. 6. Compensation. For the term of January 1, 2025, through December 31, 2025, Otter Tail County shall pay Pemberton Law firm $100.00 per hour of service provided as set forth in this agreement. Payment shall be disbursed following approval of Court Administration and the County. 7. Other Provisions. It is further understood and agreed by Otter Tail County and Counsel that: A. Any alterations, amendments, deletions or waivers affecting provisions of this contract shall be valid only if reduced to writing and duly signed by Otter Tail County and Counsel. B. No claim for services, expenses, costs or fees furnished or submitted by Counsel not specifically provided for in this contract will be paid or reimbursed by the County unless service, expense, cost or fee has been specifically ordered by the assigned Otter Tail District Judge or independently authorized by the County, with amount of payment or reimbursement to be negotiated as appropriate in each individual case. C. For purposes of this contract, Counsel are independent contractors as defined by law in the State of Minnesota, and not employed by the County. Neither Counsel nor their Employees or Subcontractors acquire any tenure rights, nor any other rights or benefits under a County personnel program covering medical and hospital care, sick pay, vacation pay, or severance pay. D. Counsel agrees to defend, indemnify and hold Otter Tail County, its employees and officials harmless from any claims, demands, actions or causes of action, including reasonable attorney fees and expenses arising out of any act or omission on the part of 3 the Counsel, or its subcontractors, partners or independent contractors or any of their agents or employees in the performance of, or with relation, to any of the work or services to be performed or furnished by Counsel or the subcontractors, partners, or independent contractors or any of their agents or employees under the agreement. E. As required by Minnesota District Court, Counsel must electronically file and accept e- service using the eFile and eService system (eFS). 8. Insurance. Counsel further agrees that in order to protect itself, as well as the County, under the indemnity provisions set forth above, it will at all times during the term of this contract keep in force: A. Professional Liability: $500,000 per individual; $1,500,000 per incident, (M.S. 466.04); B. Automobile Coverage: $100,000 per individual; $300,000 per incident; C. Any policy obtained and maintained under this clause shall provide that it shall not be thereof to the County. Counsel will furnish the County with certificates of bonding and insurance within thirty (30) days of the signing of this contract. 9. It is understood and agreed that the entire agreement of the parties is contained herein and that this agreement supersedes all oral agreements and negotiations between the parties, relating to the subject matter hereof, as well as any previous agreements or Court orders presently in effect between Counsel and the County relating to the subject matter hereof. 10. Data Privacy/HIPPA Requirements. For purposes of this Contract all data collected, created, received, maintained, or disseminated shall be governed by the Minnesota Government Data Practices Act, Minn. Ch. 13 and the Minnesota Rules implementing the act now in force or hereafter adopted, as well as federal laws on data privacy. Counsel will strictly comply with adopted, as well as federal laws on data privacy. Counsel will strictly comply with these statutes and rules. All subcontracts shall contain the same or similar data practices compliance requirements. Counsel agrees to maintain and protect all Individual Identifiable Health Information (IIHI) in accordance with all regulations promulgated pursuant to the Health Insurance Portability and Accountability Act (HIPAA) an applicable state law relating to medical records. Specifically, Counsel will use the IIHI only to effectuate the purposes of the agreement and will: a. Appropriately safeguard IIHI b. Report any misuse of IIHI cancelled, materially changed, or not renewed without thirty (30) days' prior notice 4 c. Secure satisfactory assurances from any subcontractor, if applicable d. Grant individuals access and ability to amend their IIHI f. Release applicable records to the County g. Upon termination, return or destroy all IIHI in accordance with retention schedules The Agency shall ensure that a joint Release of Information document is completed prior to providing private information to Counsel, in accordance with Minnesota Rules, parts 1205.0100 to 1205.2000. This Agreement shall be effective as of January 1, 2025 and shall remain in full force and effect until December 31, 2025. FOR THE COUNTY OF OTTER TAIL COURT-APPOINTED COUNSEL ______________________________________________________________ County Board Chair Pemberton Law Firm _________________________________ County Administrator Date: ____________________________Date: __________________________October 1, 2024 e. Make available an accounting of disclosures of an individual's IIHI N/cote J Tabbut 2O25 COMMISSIONERS SALARY AND BENEFITS Otter Tail County Resolution No. 2024 - Commissioner ______________________ offered the following and moved its adoption: WHEREAS, Minnesota Statute §375.055 provides that County Commissioners may receive per diem payments 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 $43,960.67 effective January 1, 2024; and WHEREAS, the current per diem rate for Otter Tail County Commissioners is $90.00. NOW, BE IT RESOLVED, that the annual salary for Otter Tail County Commissioners shall be established as $45,499.29 effective January 1, 2025, which reflects a 3.5% Cost-of-Living Adjustment similar to increases received by other employee groups. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the per diem rate for Otter Tail County Commissioners remains at $90.00. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the annual employer contribution for benefits for CY2025 will be set in accordance with the benefits structure previously adopted by this board on October 22, 2024. Commissioner _______________________ seconded the motion and YEAS and NAYS are as follows: Board Members For Against Absent Dan Bucholz Wayne D. Johnson Kurt Mortenson Robert Lahman Leland R. Rogness Adopted at Fergus Falls, Minnesota, this 3rd day of December 2024. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: December 3, 2024 By: Attest: ___________________________________ Kurt Mortenson, Chair Nicole Hansen, Clerk The Minnesota Transportation Alliance 2024 Transportation Advocate Award Winners www.transportationalliance.com Transportation Advocate of the Year Transportation Alliance Building Trades Members 2023 Senator Tina Smith 2022 Senator Amy Klobuchar 2016 Congressman Rick Nolan 2016 Congressman Tim Walz 2013 IUOE, Local 49 2007 Elwyn Tinklenberg 2002 Erv Schoppe 2001 Senator Carol Flynn 2000 Congressman Martin Sabo 1999 Congressman James Oberstar 1998 The William Koniarski Transportation Advocate Award Jodi Teich 2023 Chris Byrd 2022 Roger Imdieke 2021 US Highway 14 Partnership 2020 Mitch Rasmussen 2019 Mary Beth Davidson 2018 Wayne Sandberg 2017 John Okeson 2016 John Stahl 2015 Mike Forsman 2014 Jon Olson 2013 Will Branning 2012 Counties Transit Improvement Board 2011 Alan T. Forsberg 2010 Roger Gustafson 2009 Peter McLaughlin 2008 The Richard J. Mathiowetz Transportation Advocate Award Reed Leidle 2023 Greg Kilgore 2022 David Meslow 2021 John Minnerath 2020 Dale Grove 2019 Joe Kelly 2018 Khani Sahebjam 2017 Jason Duininck 2016 Ron Bray 2015 Kent Peterson 2014 Richard Wolters 2013 Randy Geerdes 2012 Douglas Weiszhaar 2011 James Loaney 2010 Richard “Dick” Ames 2009 Gary Sauer 2008 Legislator Advocate Awards Senator Scott Dibble 2023 Representative Frank Hornstein 2023 Representative Erin Koegel 2023 Senator David Senjem 2020 Representative Mary Murphy 2020 Representative Paul Torkelson 2017 Representative Dean Urdahl 2017 Representative Rod Hamilton 2015 Senator John Pederson 2012 Representative Tim O’Driscoll 2012 Representative Terry Morrow 2010 Representative Melissa Hortman 2009 Representative Margaret Kelliher 2008 Representative Neil Peterson 2008 Representative Bernie Lieder 2007 Representative Ron Erhardt 2005 Senator Steve Murphy 2005 Senator Dean Johnson 2002 Senator Mark Ourada 2002 Representative Steve Sviggum 2002 Advocate Awards I-94 Corridor Coalition 2022 Michael Potter 2022 Tim Arvidson 2021 Rick West 2021 Scott Peterson 2020 Ryan Thilges 2019 Jim Wafler 2019 Charlie Zelle 2018 John Piper 2017 Lyndon Robjent 2016 Kyle Makarios 2016 Jim McDonough 2015 Nora Slawick 2015 Dave Smiglewski 2014 Julie Skallman 2014 Jennifer Munt 2014 Commissioner Randy Maluchnik 2013 Mary Hershberger Thun 2013 Alan Goodman 2013 Greg Isakson 2012 Michelle Sommers 2012 Commissioner Dan Erhart 2011 Commissioner Richard Samuelson 2011 Jon Olson 2010 Tony Kellen 2010 Commissioner Colleen Landkamer 2009 Debra Brisk 2009 Past Recipients Past Recipients Past Recipients President’s Award Kathy Jensen 2009 Dave Robley 2008 Myra Peterson 2007 Bill Richard 2006 Matt Shands 2005 A.J. Siddiqui 2004 Chad Sauer 2003 The Minnesota Transportation Alliance 525 Park St., Ste. 240 St. Paul, MN 55103 651-659-0804 www.transportationalliance.com THE ALLIAN°C E) Highways • Transit •Rail • Waterways-Air Highways • Transit •Rail •Waterways-Air The William Koniarski Transportation Advocate Award The Richard J. Mathiowetz Transportation Advocate Transportation Advocate This award is presented periodically to an individual or unit of government from the public sector who has shown outstanding leadership and commitment on behalf of improving Minnesota’s transportation infrastructure. Bill Koniarski served for many years as a Scott County Commissioner and was always a leading advocate for transportation investments in Scott County and beyond. This award is presented periodically to an individual or company from the private sector who has shown outstanding leadership on behalf of improving Minnesota’s transportation infrastructure. Richard Mathiowetz of the Mathiowetz Construction Company in Sleepy Eye, Minnesota, committed his life to his company, employees, industry, and community. Richard was active in many organizations dedicated to improving Minnesota’s highway and transportation system. Kaye Bieniek began working for Olmsted County in 1994. She held the positions of Design Engineer, Assistant County Engineer, County Engineer, and Director of Public Works/County Engineer. She retired from the position of Division Administrator for Physical Development, which included the departments of Facilities & Building Operations, Environmental Resources, Parks, Planning, Property Records & Licensing (PRL), Public Works, and the Soil & Water Conservation District. Kaye worked for the Minnesota Department of Transportation for over ten years in various positions. She holds a Bachelor degree in Civil Engineering from the University of Minnesota, Twin Cities. She lives in Rochester with her husband Steve and has three children and four amazing grandchildren. Wayne Johnson Wayne Johnson, a lifelong resident of Pelican Rapids, is deeply rooted in the Otter Tail County community. After graduating from Pelican Rapids High School, he pursued higher education at North Dakota State University, earning a Bachelor of Science in Mathematics and Computer Science. Returning to his rural roots, Wayne worked on his family's dairy farm before purchasing a small septic pumping business in 1993. Over the years, he grew the company to include services in septic system design, installation, inspection, and portable toilet rentals. Wayne has served as an Otter Tail County Commissioner since his first election in 2010. He brings a wealth of experience and a commitment to community-focused governance. Wayne and his wife, Dena, are actively involved in various civic and church boards, embodying a spirit of service and dedication to the community. They have two adult children, Ian and Grace, and enjoy attending local high school events, showing ongoing support for the community they call home. Matt has worked at Concrete Paving Association of Minnesota (CPAM) in since 2001 focusing on the promotion of concrete pavements to various transportation agencies. Prior to joining CPAM, Matt worked for the Minnesota Department of Transportation (MnDOT) for 10 years, 9 of which he served as MnDOT’s Assistant/Deputy Concrete Engineer. Matt has been a leader in advocating for the transportation industry in Minnesota and has been recognized with national awards. Matt is a registered professional engineer (PE) and graduated with a Bachelor of Science in Civil Engineering from North Dakota State University . He lives in White Bear Lake with his wife, Deb, of 30+ years. They have two millennial generation children in their 20’s who are learning life’s lessons. Matt played hockey until age 50 and coached hockey for 25+ years. Matt Zeller This award is presented periodically to a legislator who has shown outstanding leadership advocating for Minnesota’s transportation infrastructure. Kaye Bieniek Senator John Jasinski Sen. John Jasinski represents District 19, which includes communities in Goodhue, Rice, Steele, and Waseca counties. Sen. Jasinski serves as deputy Republican leader, as Republican lead on the Transportation Committee, and as a member of the committee on Capital Investment. He was first elected in 2016. Prior to his election to the Senate, Sen. Jasinski served in the Navy for four years. He served as the mayor of Faribault from 2008 until 2016, and previously served as a member of the Faribault Planning Commission, the Faribault Economic Development Authority, and the Faribault City Council. Legislator Advocate Award Scott Pedersen had a passion for transportation his whole life and was a tremendous transportation advocate until his unexpected passing on July 10, 2024. Scott graduated from St. Michael Albertville High School in 1986 and in 1988 started working for MnDOT as an Engineering Technician. While working for MnDOT, Scott started taking classes at the University of Minnesota where he received his Bachelor of Civil Engineering Degree in 1996 with an emphasis in Transportation and Highway Engineering. He continued working for MnDOT as an Engineer for his entire career, ultimately working his way up to the position of Director of Program Delivery for the Metro District. Along the way, Scott had a positive impact on numerous projects, communities, and employees of MnDOT, whom he was proud to mentor. Through the years, he helped shape and improve the Metro Transportation System into what it is today. Transportation Advocate Joe Perske Stearns County Commissioner Joe Perske has worked hard to lobby for transportation funding and policies for over two decades. Joe serves on the St. Cloud APO’s Policy Board, NACo Transportation Committee, AMC Transportation Policy Committee, District 3 ATP, Region 7W Policy Committee, the Highway 23 Coalition, and is active in the Minnesota Transportation Alliance. Joe has advocated for many projects including: Interstate 94, Trunk Highway 23, the St. Cloud Beltway, a St. Cloud river crossing, Town Line Road, NorthStar Rail and the St. Cloud Airport. Joe has been married to his wife Jan for 45 years. They have three daughters – Michaela, Jenna and Greta – and seven grandchildren Transportation Advocate Scott Pedersen OTTERTAIL COUNTY -MINNESOTA MEMORANDUM TO: Board of Commissioners FROM: DATE: Krysten Foster, County Engineer December 3, 2024 SUBJECT: Federal Transportation Grants Technical Assistance Recommended Action: HIGHWAY 505 South Court Street, Suite 1 Fergus Falls, MN 56537 • Pass resolution accepting I IJA discretionary grant assistance and authorize county officials to sign agreement number 1058411 for federal transportation grants technical assistance in the amount of $30,000.00 for the CSAH 6 grant application. Background Information: During the 2023 legislative session, the Legislature appropriated $2 million that is available for grants to townships, small cities, state aid cities, counties, and tribal governments to hire consultants to provide technical assistance in identifying and applying for transportation-related federal discretionary grants. No more than one grant can be awarded to each local government in a calendar year. At the November 19, 2024 Board Meeting, Otter Tail County hired SRF Consulting Group, Inc. to prepare the PROTECT grant application for CSAH 6. SRF prepared both of Minnesota's winning PROTECT grant applications totaling $16.3 million awarded in 2022-23. 218-998-8470 ® LIVE YOUR best life HERE. @ ottertailcounty.gov m, DEPARTMENT OF TRANSPORTATION MnDOT Agreement No. 1058411 SP or SAP No. 056-589-001 STATE OF MINNESOTA FEDERAL TRANSPORTATION GRANTS TECHNICAL ASSISTANCE AND IIJA DISCRETIONARY MATCH GRANT AGREEMENT This agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State"), and ("Grantee"): Public Entity (Grantee) name, address and contact person: Otter Tail Countv Highway Department 505 S. Court Street, Suite 1 Fergus Falls. MN 56537 Contact: Krysten Foster, County Engineer RECITALS 1. General Funds were appropriated to provide grants for technical assistance to a requesting local unit of government that seeks to submit an application for a federal discretionary grant for a transportation-related purpose in Minnesota Laws 2023, Chapter 68, Article 1, Section 2, Subdivision 5(a). 2. General funds were appropriated to make state funded grants to a federal grant recipient in Minnesota Laws 2023, Chapter 68, Article I, Section 2, Subdivision 5(a). 3. Grantee has been awarded Federal Transportation Grants Technical Assistance or IIJA Discretionary Grant Match funds in session law as noted above. 4. Grantee represents that it is duly qualified and agrees to perform all services described in this agreement to the satisfaction of the State. Pursuant to Minn.Stat.§ 16B.98, Subd.l, Grantee agrees to minimize administrative costs as a condition of this agreement. AGREEMENT TERMS 1 Term of Agreement, Survival of Terms, and Incorporation of Exhibits 1.1 Effective Date. This agreement will be effective on the date the State obtains all required signatures under Minn. Stat.§16B.98, Subd. 5. As required by Minn.Stat.§16B.98 Subd. 7, no payments will be made to Grantee until this agreement is fully executed. Grantee must not begin work under this agreement until this agreement is fully executed and Grantee has been notified by the State's Authorized Representative to begin the work. 1.2 Expiration Date. This agreement will expire on December 31, 2026, or when all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this agreement, including, without limitation, the following clauses: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 11. Workers Compensation; 12. Governing Law, Jurisdiction, and Venue; and 14. Data Disclosure. 1.4 Exhibits. Exhibit A: Sources and Uses of Funds Schedule; Exhibit B: Grant Application; and Exhibit C: Grantee Resolution Approving Grant Agreement are attached and incorporated into this agreement. 2 Grantee's Duties 2.1 Grantee will conduct activities in accordance with its grant application, or in the case of legislatively selected projects, in accordance with the enabling session law, which is attached to this Agreement as Exhibit B. 2.2 Grantee will comply with all required grants management policies and procedures set forth through Minn.Stat.§16B.97, Subd. 4 (a) (1). 2.3 Asset Monitoring. If Grantee uses funds obtained by this agreement to acquire a capital asset, the Grantee is required to use that asset for a public purpose for the normal useful life of the asset. Grantee may not sell or change the purpose of use for the capital asset(s) obtained with grant funds under this agreement without the prior written consent of the State and an agreement executed and approved by the same parties who executed and approved this agreement, or their successors in office. 1 CM State Aid Federal Transportation Grants Technical Assistance or IIJA Discretionary Grant Match Grant Agreement (Rev. October 2024) 3 Time MnDOT Agreement No. 1058411 SP or SAP No. 056-589-001 3.1 Grantee must comply with all the time requirements described in this agreement. In the performance of this grant agreement, time is of the essence. 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by Grantee under this agreement as follows: 4.1.1 Compensation. Grantee will be reimbursed for actual, incurred costs that are eligible under in Minnesota Laws 2023, Chapter 68, Article 1, Section 2, Subdivision 5(a). Grantee shall use this grant solely to reimburse itself for expenditures it has already made to pay for the costs of one or more of the activities listed under section 2.1. 4.1.2 Sources and Uses of Funds. Grantee represents to State that the Sources and Uses of Funds Schedule attached as Exhibit A accurately shows the total cost of the project and all of the funds that are available for the completion of the project. Grantee agrees that it will pay for any costs that are ineligible for reimbursement and for any amount by which the costs exceed State's total obligation in section 4.1.3. Grantee will return to State any amount appropriated but not required. 4.1.3 Total Obligation. The total obligation of the State for all compensation and reimbursements to Grantee under this agreement will not exceed $30,000.00. 4.2 Payment 4.2. l Invoices. Grantee will submit state aid pay requests for reimbursements requested under this grant agreement. The State will promptly pay Grantee after Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. 4.2.2 All Invoices Subject to Audit. All invoices are subject to audit, at State's discretion. 4.2.3 State's Payment Requirements. State will promptly pay all valid obligations under this agreement as required by Minnesota Statutes §16A.124. State will make undisputed payments no later than 30 days after receiving Grantee's invoices and progress reports for services performed. If an invoice is incorrect, defective or otherwise improper, State will notify Grantee within ten days of discovering the error. After State receives the corrected invoice, State will pay Grantee within 30 days of receipt of such invoice. 4.2.4 Grant Monitoring Visit and Financial Reconciliation. During the period of performance, the State will make at least annual monitoring visits and conduct annual financial reconciliations of Grantee's expenditures. 4.2.4.1 The State's Authorized Representative will notify Grantee's Authorized Representative where and when any monitoring visit and financial reconciliation will take place, which State employees and/or contractors will participate, and which Grantee staff members should be present. Grantee will be provided with at least seven calendar days of notice prior to any monitoring visit or financial reconciliation. 4.2.4.2 Following a monitoring visit or financial reconciliation, Grantee will take timely and appropriate action on all deficiencies identified by State. 4.2.4.3 At least one monitoring visit and one financial reconciliation must be completed prior to final payment being made to Grantee. 4.2.5 Unexpended Funds. The Grantee must promptly return to the State at grant closeout any unexpended funds that have not been accounted for in a financial report submitted to the State. 4.2.6 Closeout. The State will determine, at its sole discretion, whether a closeout audit is required prior to final payment approval. If a closeout audit is required, final payment will be held until the audit has been completed. Monitoring of any capital assets acquired with grant funds will continue following grant closeout. 4.3 Contracting and Bidding Requirements. If Grantee is a municipality as defined by Minn. Stat. § 471.345, subdivision 1, then Grantee shall comply with the requirements of Minn. Stat. § 471.345 for all procurement under this Agreement. 5 Conditions of Payment All services provided by Grantee under this agreement must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 2 CM State Aid Federal Transportation Grants Technical Assistance or IIJA Discretionary Grant Match Grant Agreement (Rev. October 2024) MnDOT Agreement No. 1058411 SP or SAP No. 056-589-001 6 Authorized Representatives 6.1 The State's Authorized Representative is: Marc Briese, Programs Engineer, MnDOT State Aid Office 395 John Ireland Boulevard, MS 500 St. Paul, MN 55155 Office: 651-366-3802 mare.briese@state.mn. us or his/her successor. State's Authorized Representative has the responsibility to monitor Grantee's performance and the authority to accept the services provided under this agreement. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. 6.2 Grantee's Authorized Representative is: Krysten Foster, County Engineer Otter Tail County Highway Department 505 South Court Street, Ste. 1 Fergus Falls, MN 56537 Office: 218-998-84 70 kfoster@ottertailcounty.gov If Grantee's Authorized Representative changes at any time during this agreement, Grantee will immediately notify the State. 7 Assignment Amendments, Waiver, and Grant Agreement Complete 7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this agreement without the prior written 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. 7.2 Amendments. Any amendments 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. 7.3 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or the State's right to subsequently enforce it. 7.4 Grant Agreement Complete. This grant agreement contains all negotiations and agreements between the State and Grantee. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 7.5 Electronic Records and Signatures. The parties agree to contract by electronic means. This includes using electronic signatures and converting original documents to electronic records. 7.6 Certification. By signing this Agreement, the Grantee certifies that it is not suspended or debarred from receiving federal or state awards. 8 Liability Grantee and State agree that each will be responsible for its own acts and the results thereof to the extent authorized by law, and neither shall be responsible for the acts of the other party and the results thereof. The liability of State is governed by the provisions of Minn. Stat. Sec. 3.736. If Grantee is a "municipality" as that term is used in Minn. Stat. Chapter 466, then the liability of Grantee is governed by the provisions of Chapter 466. Grantee's liability hereunder shall not be limited to the extent of insurance carried by or provided by Grantee, or subject to any exclusion from coverage in any insurance policy. 9 State Audits Under Minn. Stat. § 16B.98, Subd.8, the Grantee's books, records, documents, and accounting procedures and practices 3 CM State Aid Federal Transportation Grants Technical Assistance or IUA Discretionary Grant Match Grant Agreement (Rev. October 2024) MnDOT Agreement No. 1058411 SP or SAP No. 056-589-001 of Grantee, or other party relevant to this grant agreement or transaction, 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, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. Grantee will take timely and appropriate action on all deficiencies identified by an audit. 10 Government Date Practices and Intellectual Property Rights 10.1 Government Data Practices. Grantee 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 under this grant agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this agreement. The civil remedies of Minn. Stat. §13.08 apply to the release of the data referred to in this clause by either Grantee or the State. 11 Workers Compensation The Grantee certifies that it is in compliance with Minn. Stat. §176.181, Subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this agreement. 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. 13 Termination; Suspension 13.1 Termination. The State or Commissioner of Administration may unilaterally terminate this agreement at any time with or without cause, upon written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 13.2 Termination for Cause. The State may immediately terminate this grant agreement if the State finds that there has been a failure to comply with the provisions of this agreement, that reasonable progress has not been made, that fraudulent or wasteful activity has occurred, that Grantee has been convicted of a criminal offense relating to a state grant agreement, or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 13.3 Termination for Insufficient Funding. The State may immediately terminate this agreement if: 13 .3 .1 It does not obtain funding from the Minnesota Legislature; or 13.3.2 If funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee 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 will provide the Grantee notice of the lack of funding within a reasonable time of the State's receiving that notice. 13.4 Suspension. The State may immediately suspend this agreement in the event of a total or partial government shutdown due to the failure to have an approved budget by the legal deadline. Work performed by the Grantee during a period of suspension will be deemed unauthorized and undertaken at risk of non-payment. 14 Data Disclosure Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 4 CM State Aid Federal Transportation Grants Technical Assistance or IIJA Discretionary Grant Match Grant Agreement (Rev. October 2024) MnDOT AgreementNo. 1058411 SP or SAP No. 056-589-001 15 Fund Use Prohibited. The Grantee will not utilize any funds received pursuant to this Agreement to compensate, either directly or indirectly, any contractor, corporation, partnership, or business, however organized, which is disqualified or debarred from entering into or receiving a State contract. This restriction applies regardless of whether the disqualified or debarred party acts in the capacity of a general contractor, a subcontractor, or as an equipment or material supplier. This restriction does not prevent the Grantee from utilizing these funds to pay any party who might be disqualified or debarred after the Grantee's contract award on this Project. 16 Discrimination Prohibited by Minnesota Statutes §181.59. Grantee will comply with the provisions of Minnesota Statutes § 181.59 which requires that every contract for or on behalf of the State of Minnesota, or any county, city, town, township, school, school district or any other district in the state, for materials, supplies or construction will contain provisions by which Contractor agrees: 1) That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no Contractor, material supplier or vendor, will, by reason of race, creed or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; 2) That no Contractor, material supplier, or vendor, will, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause 1 of this section, or on being hired, prevent or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed or color; 3) That a violation of this section is a misdemeanor; and 4) That this contract may be canceled or terminated by the state of Minnesota, or any county, city, town, township, school, school district or any other person authorized to grant contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this Agreement. 17 Limitation. Under this Agreement, the State is only responsible for receiving and disbursing funds. Nothing in this Agreement will be construed to make the State a principal, co-principal, partner, or joint venturer with respect to the Project(s) covered herein. The State may provide technical advice and assistance as requested by the Grantee, however, the Grantee will remain responsible for providing direction to its contractors and consultants and for administering its contracts with such entities. The Grantee's consultants and contractors are not intended to be third party beneficiaries of this Agreement. 18 Additional Provisions 18.1 Prevailing Wages. Grantee agrees to comply with all of the applicable provisions contained in Minnesota Statutes Chapter 177, and specifically those provisions contained in Minn. Stat.§. 177.41 through 177.435 as they may be amended or replaced from time to time with respect to the project. By agreeing to this provision, Grantee is not acknowledging or agreeing that the cited provisions apply to the project. 18.2 E-Verification. Grantee agrees and acknowledges that it is aware of Minn. Stat.§ 16C.075 regarding e-verification of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United States, and that it will, if and when applicable, fully comply with such order. 18.3 Telecommunications Certification. Iffederal funds are included in Exhibit A, by signing this agreement Grantee certifies that, consistent with Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13, 2018), Grantee does not and will not use any equipment, system, or service that uses "covered telecommunications equipment or services" (as that term is defined in Section 889 of the Act) as a substantial or essential component of any system or as critical technology as part of any system. Grantee will include this certification as a flow down clause in any contract related to this agreement. 18.4 Title VI/Non-discrimination Assurances. Grantee agrees to ~omply with all applicable US DOT Standard Title VI/Non-Discrimination Assurances contained in DOT Order No. 1050.2A, and in particular Appendices A and E, which can be found at: https://edocs-public.dot.state.mn.us/edocs public/DMResultSet/download?docld=l 1149035. Iffederal funds are included in Exhibit A, Grantee will ensure the appendices and solicitation language within the assurances are inserted into contracts as required. State may conduct a review of the Grantee's compliance with this provision. The 5 CM State Aid Federal Transportation Grants Technical Assistance or IIJA Discretionary Grant Match Grant Agreement (Rev. October 2024) MnDOT Agreement No. 1058411 SP or SAP No. 056-589-001 Grantee must cooperate with State throughout the review process by supplying all requested information and documentation to State, making Grantee staff and officials available for meetings as requested, and correcting any areas of non-compliance as determined by State. 18.5 Use, Maintenance, Repair and Alterations. The Grantee shall not, without the written consent of the State and the Commissioner, (i) permit or allow the use of any of the property improved with these grants funds ( the Real Property) for any purpose other than in conjunction with or for the operation of a county highway, county state-aid highway, town road, or city street and for other uses customarily associated therewith, such as trails and utility corridors , (ii) substantially alter any of the Real Property except such alterations as may be required by laws, ordinances or regulations, or such other alterations as may improve the Real Property by increasing its value or which improve its ability to be used for the purposes set forth in section (i), (iii) take any action which would unduly impair or depreciate the value of the Real Property, (iv) abandon the Real Property, or (v) commit or permit any act to be done in or on the Real Property in violation of any law, ordinance or regulation. If the Grantee fails to maintain the Real Property in accordance with this Section, the State may perform whatever acts and expend whatever funds necessary to so maintain the Real Property, and the Grantee irrevocably authorizes the State to enter upon the Real Property to perform such acts as may be necessary to so maintain the Real Property. Any actions taken or funds expended by the State shall be at its sole discretion, and nothing contained herein shall require the State to take any action or incur any expense and the State shall not be responsible, or liable to the Grantee or any other entity, for any such acts that are performed in good faith and not in a negligent manner. Any funds expended by the State pursuant to this Section shall be due and payable on demand by the State and will bear interest from the date of payment by the State at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per year based upon a 365-day year. [The remainder of this page has intentionally been left blank.] 6 CM State Aid Federal Transportation Grants Technical Assistance or IIJA Discretionary Grant Match Grant Agreement (Rev. October 2024) GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: ______________ _ Title: County Board Chair Date:. _________________ _ B : Title: Clerk of the County Board Date: B: Title: Date: MnDOT Agreement No. 1058411 SP or SAP No. 056-589-001 DEPARTMENT OF TRANSPORTATION Approval and Certifying Encumbrance as required by Minnesota Statutes § 16A. 15 and 16C. 05 By: _____________ _ State Aid Programs Manager (with delegated authority) Date: ---------------- DEPARTMENT OF TRANSPORTATION CONTRACT MANAGEMENT By: ______________ _ Date: _________________ _ 7 CM State Aid Federal Transportation Grants Technical Assistance or IIJA Discretionary Grant Match Grant Agreement (Rev. October 2024) MnDOT Agreement No. 1058411 SP or SAP No. 056-589-001 EXHIBIT A SOURCES AND USES OF FUNDS SCHEDULE SOURCES OF FUNDS . Entity S.!!J)plying Fund_s _____ A_m_ou_n_t ___ _ State Funds: 2023 IIJA Tech Assistance Funds Grant (SAAS Acct 413) Other: -···-·-·-··························--··············----- ............... Not .. applicable $ $ $30.000.00 $ --------···-.. ·-··-······················1-----'------ Subtotal $30.000.00 ···········-·········-···········-·---···•···················· ... ---!----------Public Entity Funds: Matching Funds Local Match ......................... .;___~$=14.;,;;,, 7,;,,;5;,;;;;2,;,;;.0,,,,,,0 -· Other: $ ---------.. ····--············~------$ Subtotal $14.752.00 --------·---+----····· ........................ -············ ---------------1--·---······················ .. ········· TOTAL FUNDS USES OF FUNDS Ex enses Items Paid for with General Fund Grant Funds: Amount SRF Contract I $30 000.00 ·····=·····""'····""'·· ·=·····=····-====-----• .. •··· .. ······-····-····--'··················-.. I$ Subtotal $30,000.00 -----····•·····························---+-------Items paid. for with Non- General Fund Grant Funds: ····--•····························-································---+---································- ... Engineering $14,752.00 ... $ $ -·····--···············-·-·· ....... ______ ---4_:_ ____ _ Subtotal $14.752.00 --------+··············-···············--···············- -------------································ ----------+---···--TOT AL PROJECT COSTS $44.752.00 CM State Aid Federal Transportation Grants Technical Assistance or IIJA Discretionary Grant Match Grant Agreement (Rev. October 2024) 8 EXHIBITB GRANT APPLICATION Attach the grant application for the project MnDOT Agreement No. 1058411 SP or SAP No. 056-589-001 9 CM State Aid Federal Transportation Grants Technical Assistance or IJJA Discretionary Grant Match Grant Agreement (Rev October 2024) From: norepty@fonnstack com To: Subject: MN DOT SALTIRHELP; Briese. Marc coon: Bottos Elisa coon IIJA Grants Technical Assistance Application Date: Wednesday, October 30, 2024 10:57:08 AM This message may be from an external email source. Do not select links or open attachments unless verified. Report all suspicious emails to Minnesota IT Services Security Operations Center. Formstack Submission For: IIJA Grants Technical Assistance Application Submitted at 10/30/24 10:57 AM Name of Agency: Address of Agency: Name: Address: Phone: Email: Project Description. Include a brief description of the project for which federal funds are being sought.: Otter Tail County 505 S. Court St., Ste. 1 Fergus Falls 56537 Krysten Foster 505 S. Court St., Ste. 1 Fergus Falls, MN 56537 (218) 998-8475 kfoster@ottertailcounty.gov During June 2024, southern Otter Tail County received over four inches of rain, which caused the temporary closure of CSAH 6 for nearly four months until the water receded. CSAH 6 ordinarily carries over 500 AADT, and it is an essential collector route for the Parkers Prairie community. Otter Tail County is pursuing a flood mitigation and flood protection project(s) to assure the reliability of this important route. Federal Discretionary Grant Program Being Pursued.: Name of Federal Awarding Agency: State Funds Requested for IIJA Grants Technical Assistance. $30,000 is the max, and not more than one grant per local agency per year. Tribes are eligible for more than one grant per year.: Consultant, if known. If consultant has been selected. include name here. If not, write "consultant not selected yet." Note that grant agreement cannot be executed until a consultant is selected and the anticipated necessary grant amount is known.: Anticipated start date of consultant contract. Note that any consultant costs incurred before a state funded grant agreement is executed are not eligible for re- imbursement.: Anticipated closing date of federal grant opportunity. Include actual due date of FY24-25 PROTECT Federal Highway Administration 30000 Consultant not selected yet 11/19/24 federal grant application, if known. If not known, including estimated date and "( estimated).": Mitigate the impacts of climate change in reducing emissions or improving infrastructure resiliency.: Provide benefit to areas of persistent poverty or historically disadvantaged communities.: Improve safety for all users.: 02/24/25 The proposed project is a highway grade raise to reduce the risk of overtopping this route combined with a Phase 2 offtake ditch that would prevent future flooding of CSAH 6. Upon completion of both phases, CSAH 6 will be resilient against future extreme weather events. The project is not directly in an area of persistent poverty or historically disadvantaged community, but CSAH 6 serves traffic from nearby Todd County (specifically the city of Eagle Bend and surrounding area) traveling westward. When CSAH 6 previously overtopped, Otter Tail County temporarily reopened a one-lane route until a driver, who was driving too fast for conditions, drove off the temporary road into Nelson Lake. When the 2024 flood occurred, Otter Tail County had to close CSAH 6 to all drivers, bicyclists, and pedestrians to assure traveler safety. This project will provide safer inslopes and an adequate clear zone for CSAH 6 where the highway crosses the Nelson Lake basin. Formstack, 11671 Lantern Road, Suite 300, Fishers, IN 46038 EXIDBITC MnDOT Agreement No. 1058411 SP or SAP No. 056-589-001 GRANTEE RESOLUTION APPROVING GRANT AGREEMENT 10 CM State Aid Federal Transportation Grants Technical Assistance or IIJA Discretionary Grant Match Grant Agreement (Rev. October 2024) MnDOT Agreement No. 1058411 SP or SAP No. 056-589-001 SAP 056-589-001 STATE FUNDED PROGRAM FOR IIJA DISCRETIONARY GRANT ASSISTANCE TERMS AND CONDITIONS OTTER TAIL COUNTY RESOLUTION NO. 2024 • __ WHEREAS, Otter Tail County has applied to the Commissioner of Transportation for a grant from the State Program for IIJA Assistance; and WHEREAS, the Commissioner of Transportation has given notice that funding for this project is available; and WHEREAS, the amount of the grant has been determined to be $30,000.00 through Otter Tail County Highway Department request for proposals (RFP) standard procedures; NOW THEREFORE BE IT RESOLVED THAT, Otter Tail County does hereby agree to the terms and conditions of the grant consistent with Minnesota Laws 2023, Chapter 68, Article 1, Section 2, Subdivision 5(a), and will pay any additional amount by which the cost exceeds the estimate, and will return any amount appropriated for the project but not required. The proper county officers are authorized to execute a grant agreement and any amendments thereto with the Commissioner of Transportation concerning the above- referenced grant. 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, passed unanimously. Adopted at Fergus Falls, MN this 3rd day of December 2024. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: December 3, 2024 By: _______________ _ Attest: ____________ _ Kurt Mortenson, Board of Commissioners Chair Nicole Hansen, Clerk STATE OF MINNESOTA ) ) COUNTY OF OTTER TAIL ) I, Nicole Hansen, the County Administrator, do hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by Otter Tail County at a duly authorized meeting therefore held on the 3rd day of December 2024. Nicole Hansen, Clerk TO: FROM: DATE: MEMORANDU M Board of Commissioners Krysten Foster, County Engineer December 3, 2024 SUBJECT: Aurdal Township Sponsor Agreement Recommended Action: HIGHWAY 505 South Court Street, Suite 1 Fergus Falls, MN 56537 • Pass resolution of support for City of Battle Lake Nature Trail and Main Street Connection grant application for Active Transportation funds. Background Information: If a small city or township receives state transportation funds through MnDOT, the county is required to assist with administration of the grant/project. To my knowledge to date, only one Otter Tail County community is applying for Active Transportation Infrastructure funds this cycle. Applications are due in January. Similar to the agreement enacted for Aurdal Township's Local Road Improvement Program (LRIP} project, the responsibilities and commitments of each party will be outlined in more detail through a separate agreement next spring/summer if the city is selected. Grant decisions are expected in April/May 2025. 218-998-8470 @ LIVE YOUR best life HERE. @ ottertailcounty.gov m, DEPARTMENT OF TRANSPORTATION State Aid for Local Transportation (SALT) 395 John Ireland Boulevard, MS 500 St. Paul, MN 55155 November 1, 2024 Val Martin City of Battle Lake 108 East Main, PO Box 386 Battle Lake, MN 56515 Dear Val Martin, Thank you for your interest in the 2024 State Active Transportation (AT) Infrastructure program. Based on your letter of intent submittal, your project appears to meet all eligibility requirements for the program and this solicitation. It also demonstrated safety improvements for vulnerable road users, enhanced connectivity between key destinations in your community, robust planning and a commitment to transportation equity. We recommend you continue and submit a full grant application with the following notes, reminders or feedback: • Please include LLCMR Award Letter with application • County Sponsorship Resolution is required • District Engineer Letter of Support will be required if TH 78 or TH 210 is impacted Please be advised that submitting the full application will require multiple uploaded attachments and resolutions: • For non-Tribal applicants, a governing council or board resolution, certifying that: o the governing body of the applicant entity supports the project o funding required in addition to the grant to complete the project is available and committed. • Project sponsor resolution (if required) • Resolution from all non-Tribal entities (except Mn DOT) whose property or right-of-way is impacted by construction (if required) • Letter of support from Mn DOT District Engineer *not the District State Aid Engineer* (if required) • Engineering or planning based cost estimate with itemized breakdown • A timeline indicating major milestones of the project and their anticipated completion dates • A project location map with routes or improvements identified • Federal funding award letter (if requesting local match for federal project) • Transportation planning documents that identify the proposed project (required if available; projects are eligible without a plan) All letter of intent applicants are advised to visit the AT Infrastructure Program Webpage for additional information. Full application submission forms and solicitation guides will be available beginning Monday, November 4, 2024. Applications have a submittal deadline of Friday, January 17, 2025. Selections will be announced by April 30, 2025 depending on the volume of applications received. All projects must be approved to enter construction within 2025 or 2026. Please reach out with any questions on this response letter recommendation or the infrastructure programs in general. Your time, attention and consideration are most appreciated. 1 m il DEPARTMENT OF TRANSPORTATION Sincerely, Digitally signed by ~g.p___t_ Steven Prusak Active Transportation Engineer Date: 2024. 1 1 .01 13:37:28 -05'00' Steven Prusak State Aid Active Transportation Engineer CC: Marc Briese, State Aid Programs Manager Rashmi Brewer, State Aid State Programs Engineer Nathan Gannon, District 4 State Aid Engineer Jeff Buschette, District 4 State Aid Assistant Krysten Foster, Otter Tail County Engineer Equal Opportunity Employer 2 Sponsoring Agency Resolution City of Battle Lake Nature Trail & Main Street Connection Application Otter Tail County Resolution No. 2024-__ _ WHEREAS, City of Battle Lake has requested Otter Tail County sponsor their Active Transportation (AT) project since non-state aid cities and townships must have a county sponsor, AND WHEREAS, City of Battle Lake understands the city will be responsible for all costs not covered by the AT grant including but not limited to consultant engineering, right of way acquisition, construction administration and inspection, utility relocation, as well as construction costs above the AT award, AND WHEREAS, City of Battle Lake agrees to maintain such improvements for the lifetime of the improvements, AND WHEREAS, City of Battle Lake agrees to enter in to a separate agreement, which outlines county and city responsibilities for project management if the city is selected as a recipient of these funds. NOW, THEREFORE BE IT RESOLVED, Otter Tail County act as sponsoring agency on behalf of the City of Battle Lake for an Active Transportation (AT) project identified as Nature Trail & Main Street Connection. BE IT ALSO RESOLVED, Krysten S. Foster, County Engineer is hereby authorized to act as agent on behalf of this applicant. 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, passed unanimously. Adopted at Fergus Falls, MN this 3rd day of December 2024. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: December 3, 2024 By: _______________ _ Attest: ____________ _ Kurt Mortenson, Board of Commissioners Chair Nicole Hansen, Clerk STATE OF MINNESOTA ) ) COUNTY OF OTTER TAIL ) I, Nicole Hansen, the County Administrator, do hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by Otter Tail County at a duly authorized meeting therefore held on the 3rd day of December 2024. Nicole Hansen, Clerk OTTERTAIL COUNTY -MINNESOTA MEM ORANDU M TO: Board of Commissioners FROM: DATE: Krysten Foster, County Engineer December 3, 2024 SUBJECT: Out of State Travel Request Recommended Action: HIGHWAY 505 South Court Street, Suite 1 Fergus Falls, MN 56537 • Approve out-of-state travel for County Engineer to travel to Schaumburg, IL from April 14-18, 2025 to attend the National Association of County Engineers conference. Background Information: NACE is an annual conference for county road officials and industry representatives. Krysten Foster is an active member of the NACE Pavement Preservation Committee and the Emergency Response & Preparedness Committee. This year's conference includes sessions on safety action planning, which aligns with Otter Tail County's Safe Streets for All initiative; advances in paving design; and technical tours. The estimated investment is $2,300 per person including airfare, conference fees, four nights hotel, and meals/transportation reimbursement. Reservations open December 11 th. 218-998-8470 @ LIVE YOUR best life HERE. @ ottertailcounty.gov YEAR IN REVIEW Otter Tail County Highway Department Krysten Foster, County Engineer December 3, 2024 > I v y o u R ,,,..VI /if,. H E R E . 2024 Highway Maintenance Highlights •Light winter conditions enabled more right-of-way clearing than a typical winter and freed budgeted dollars towards summer maintenance needs •Placed a record amount (tons) of patch mix •Increased collaboration with County Administration/Facilities •Advanced a long-range plan for highway maintenance facilities •Invested in Fleet Maintenance Pro for equipment work orders and eventual preventive maintenance tracking •Deployed geographic information system (GIS) for noxious and invasive weeds spray mapping and paver patch mapping •Installed four Frost Solutions winter cameras on a trial basis •Highway maintenance crews fully staffed as of November 4th 2024 Road & Bridge Construction Summary •Main Street (CSAH 80)reconstruction •CSAH 24 reclamation •First culvert lining contract •54 miles of centerline rumble stripes •327 miles of high-visibility edgelines •103 miles of seal coat •CSAH 47 intersection improvements •Cooperative box culvert replacement project with Bluffton Township 2024 County Ditches Program •Thirteen ditches inspected •Eight redetermination of benefits completed •1.5 miles of brush spraying •30 beaver dam removals, 160 trapped, > 20 small dams removed •>4 miles of ditch cleaning •5,500 feet of tile replacement •Six culverts •Three bogs removed •Five petitions, three appointments, and one consolidation •Three more redetermination of benefits in-progress 2024 Other News •Broke ground on Perham Garage investment •Released OTC Engineering Manual (a.k.a. new employee handbook) •Approximately 40% of highway signs inventoried by summer helper •Kicked off 2050 Transportation Plan •Developed electronic timekeeping program •Reassigned approach (a.k.a.driveway)applications to Engineering Unit •Continued collaboration with Parks & Trails Department •Reviewed hundreds of permit applications for events on roads, public utility installations, miscellaneous work in highway right-of-way, and oversize loads OTC Highway Department Contacts 505 South Court Street, Suite 1 Fergus Falls, MN 56537-2757 •Main Line –8:00 am to 4:30 pm –Monday thru Friday –(218) 998-8470 •Afterhours/Holidays Emergencies –Otter Tail County Dispatch –911 •Krysten Foster, County Engineer –(218) 998-8475 (office) •Cristi Field, Highway Maintenance Supervisor –(218) 998-8496 (office) •Bob Ehlert, Engineering Supervisor –(218) 998-8497 (office) •Connie Oliphant, Accounting Supervisor –(218) 998-8485 Penalty Abatement Request - Michael Jonasson - Dunn Township Parcel 17-000-99-2053-000 Motion by __________, second by ________ and unanimously carried to (approve/deny/table) the request of Michael Jonasson for the abatement of $11.92 of accrued penalty resulting from the late payment of the second half property taxes due on Parcel. 17-000-99-2053-000. (See Attached Email) Wayne Stein From: Sent: To: Subject: michaeljonasson13@gmail.com Friday, November 15, 2024 12:18 PM Wayne Stein Request for one-time abatement of tax penalty I You don't often get email from michaetionasson13@gmail.com. Learn_ why this is important Wayne, Thank you for your time on the phone this morning. Our conversation was regarding a lake resort cabin, Parcel No. 17000992053000, and the tax statement dated November 6, 2024, which I received on November 12, 2024. My wife and I purchased this property on June18, 2024, and were not notified of pending taxes for 2024 that would be our responsibility during the sale closing. The tax statement includes taxes due of $298.00 and a 4% penalty of $11.92. I submitted payment of the total amount of $309.92 in the mail today. According to Minnesota State Statute 279.01, Subd. 2, the county board may abate a penalty for taxes in the current year. Also, per subd. 3, a penalty for seasonal residential recreational property accrues at the same rate as homestead property, at 2%. As we discussed, I request that the county board abate the $11.92 penalty based upon fairness as a one-time request. If you need additional information in order to consider my request for abatement, please let me know and I will provide it promptly to you. Thank you. Mike Jonassen Michael Jonassen Mobile: (608) 354-1362 michaeljonas~on 13@gmail.com 1 Penalty Abatement Request - Mark Bloomquist - Dunn Township Parcel 17-000-36-0411-001 and Rush Lake Township Parcel 53-000-99-0501-000 Motion by __________, second by _________ and unanimously carried to (approve/deny/table) the request of Mark Bloomquist for the abatement of $24.40 of accrued penalty resulting from the late payment of the second half property taxes due on Parcel 17-000-36-0411-001 and unanimously carried to (approve/deny/table) the request of Mark Bloomquist for the abatement of $84.04 of accrued penalty resulting from the late payment of the second half property taxes due on Parcel 53-000-99-0501-000. (See Attached Note) ~O\S:: a ~ ,N,c,'-r<_ ,.Jje..~~~. T \.,,'.XJ,:S >i s::4-.. ~ ",._._' ~o,½o ~ OU-'<:- ~e:s= e ~ .~ ~·~ e: cA:- ~QN\Q.... 'i~~ \~ ~~~\~ ~ ~ ~ '\J'..9-J ~ '-b.\ ' \'v\ -;s-,J~ ~C). • t_ ~,_S:\_6) ~Q~(.:Q\c:i3uL \ \.:_ \~ '\~ 0..avSl-0 ~\\ ~'(Q. \S\i\,, ~~, Mark Bloomquist 44464 Mcgowan Estates Rd Ottertail, MN 56571 121188 Otter Tail Water Management District Board Member Appointment/Reappointment Motion by __________, second by__________ and unanimously carried to reappointed Nancy Johnson to an additional four-year term, effective January 1, 2025, on the Otter Tail Water Management District’s Board of Commissioners (please see the attached letter). Otter Tail Water Management District PO Box 612 Battle Lake, MN 56515 218-548-7400 October 14th, 2024 MR. WAYNE STEIN COUNTY AUDITOR GOVERNMENT SERVICE CENTER 510 FIR AVE. W FERGUS FALLS, MN 56537 Ref: Districts Board of Commissioner terms. Dear Mr. Stein, Nancy Johnson’s term is up for renewal this year. She has agreed to serve another term. The Districts’ Board of Commissioners at their regular monthly meeting on October 9th, 2024, moved to have Nancy Johnson reappointed to the Board for four years. If you have any questions, please contact the district office. Sincerely, Alex Kvidt Administrator Otter Tail Water Management District Fund Transfer - Capital Improvement Fund to Road and Bridge Fund - Reimbursement for Changeable Message Board Motion by __________, second by __________ and unanimously carried to approve a transfer, in the amount of $16,892.00, from the Capital Improvement Fund to the Road and Bridge Fund for the purchase of a Mini Full Matrix Changeable Message Board. The purchase was previously approved by committee as CIC202420. (See Attached Details). Ca pital Im provements Reimbursement Re quest Department: Project Year: Capital Code: UNIT: Highway 2024 CIC202420 ID Tag #001919 TYPE OF PROJECT: Mini Full Matrix Changeable Message Board COST OF PROJECT: $16,892.00 Completion/Delivery Date: October 22, 2024 Expenditure Request Date: December 3, 2024 !:\Highway Accounting\Equipment, Buildings & Capital Improvement ltems\lD TAG# -Active\253 Engineering Equipment\001919 -Changeable Message Board\Capital Improvement Request for Reimbursement Form.docx 3762 Street Smart Questions about this Invoice pfease call: Ryan Kilpatrick (612) 597-5547 Billing Address 505 South Court St. Fergus Falls, MN, 56537 Account Invoice# T enns Date Sale Invoi ce -------Ott~ Tail County 1545340 1------------ Shipping Address SOS South Court St. Fergus Falls, MN, 56537 10/14/2024 ~,ii·IMl&M---,---WM::iil= Ry.n Kilpatrick 12211 s.talzed Ol'f•MS-lllt•Rot.lte: TIit & Rotate tf $lks tax was not charged, It Is your respon.slblllty to remit to your state any sales/use tax aeated b this transaction. Street Smart Rentals, LLC 6811137th An NE Counbus; MN 55025 ltEMIT TO: For Nmlttance and paymtnt Nllttance calf: (888} 653-6800 Ext 5 1 1 1 $371.00 $371.00 $371.00 $371.00 $550.00 $550.00 $16,892.00 T• $0.00 Total 7-aelO'tP '1h15 1~ fOOl'tl~ This lnYoke and any attachments ortpnated from Street Smart Rentals may cootafn information that Is proprietary, priYlleged dlent tommUf\lcatlons, Of work J)foduct. If voo are not the Intended recipient, you are not authorized to read, l'l!taln, Of distribute this lnfotmatlon. tr you reulved· this In fflOI", please notify the sender Immediately and delete all copies. Rec'd 10/14/24 Find us onllne at www.streetsmartrental.com Thank you for your business! OTTERTAIL COUNTY -MINNESOTA AUDITOR-TREASURER Government Services Center 510West Fir Avenue Fergus Falls, MN 56537 CAPITAL IMPROVEMENTS FUND 14 REQUEST FORM Requesting Department: Highway Date of Request: September 10, 2024 ------- Project Title and Description: Changeable Message Sign ---------------------- Company Ne n do r Name(s): Street Smart Rentals, LLC ---------------------- Year Included in Budget: 2024 Project or Acquisition Year:2024 --------------- Completion/Delivery Date: 2024 Cost of Project: $16,892.00 ----------------- Additional charges related to approved capital expenses, not included in original request? DGlally llgned I'!' l(ry9ton 8. Krysten S. Foster·F-r Date: 2024.09.05 09:38:50 -05'00' Signature Department Head D Yes [Z] No Explain/List Below: Date: Upon completion, send this form and quote to Wayne Stein and Christina Steinbach. CAPITAL IMPROVEMENT COMMITTEE USE ONLY 0~ Submitted to Finance, Property & License Committee for (Date/Initial): 1-J:tt·3.0~'f iAJ~ Denied Additional comments below: Signatur oi.mty Auditorfrreasurer Date Original to Christina Added to Capital Spreadsheet CIC# Assigned: C.J:.C. "'20'2."i-2..0 Completed Form Copied to Department 218-998-8030 @ OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER @ ottert~ilcounty.gov LIVE YOUR best life HERE. ,----~----~ Fund Transfer - Capital Improvement Fund to Road and Bridge Fund - Reimbursement for two Skid Steer Loaders Motion by __________, second by _________ and unanimously carried to approve a transfer, in the amount of $147,926.66, from the Capital Improvement Fund to the Road and Bridge Fund for the purchase of two 262D3 Skid Steer Loader with Loader Bucket 74” General Purpose. The purchase was previously approved by committee as CIC202329. (See Attached Details) Ca pital Im provements Reimbursement Re quest Department: Project Year: Capital Code: UNIT: Highway 2023 Carryover CIC202329 Unit #15304 & 15305 TYPE OF PROJECT: (2) 262D3 Skid Steer Loader with Loader Bucket 7 4" General Purpose COST OF PROJECT: $147,926.66 Completion/Delivery Date: October 22, 2024 Expenditure Request Date: December 3, 2024 Oat 7 !:\Highway Accounting\Equipment, Buildings & Capital Improvement ltems\UNITS\Unit 15305\Capital lmprov~ment Request for Reimbursement Form.docx 408 ~IEGLER COMPANIES 901Wlllit941hStriel MmeapofisMNSS42(M236 Invoice Invoice Date Account# Page IN001599573 8/20/2024 6842200 : 1 / 2 Ship to: ZIEGLER INC. MJ......-lowll Missouri Wiscon9in aoo"35i-a12 80(M142-7002 800-342-7002 800-342-7002 3502 STATEHIGHWAV210W FERGUS FALLS, MN 56537-4003 ~ -/6 -AV Salesperson Joel Srock ORD SHP Model 1.00 1.00 26203 1.00 1.00 WT-SSL PO# CRISTI FIELD It.em ConfiguraUon:26203 QTY Relation 1.00 5124262 1.00 OP9003 1.00 3453556 1.00 '3566082 1.00 4359238 ' t)✓! ~. ! store Order# Ship Date Terms 102 S01)2660987 7/30/2024 AR -Net 20 ~ys Description Caterpillar Equipment ID: EQ0115203 262D3 Skid Steer Loader Serial Number: TP402526 Model Year: 2024 Caterpillar Equipment ID: EQ0111437 Skid Steer Loader Bucket 74• General Purpose Serial Number: A423BBK21345 Description 262D3 SKJO STEER LOADER LANE 3 ORDER HEATER. ENGINE COOLANT, 120V REAR LIGHTS FILM, SELF LEVEL, ANSI Rec'd 8.121/24 Rec'd from TH 9/ 1 m 4 A S8IVice chalge of 1 112% per monltl wBI be ass8$S8cl on an past due acooums. Jo enSIM'8 proper credit. pleese detach this porlon and rewm with ramltlanc:e. OTTER TAIL COUNTY HIGHWAY DEPARTMEN .. 505 S COURT ST STE 1 FERGUS FALLS, MN 56537-2757 Please RelTit to: Invoice Date Account# Amount Due; Total 73,961.55 IN001599573 8/20/2024 6842200 $73,961.551 Ziegler Inc. SDS 12-0436 POBOX86 MINNEAPOLIS.MN 55486-0436 Amount Enclosed:!._ ______ ____, ~IEGLER COMPANIES 901 WIit 94th Street Milneapolis MN 55420-4236 lnvQiee IN001599573 Date 8/20/2024 Account# 6842200 1.00 5123741 INSTRUCTIONS, ANSI, USA 1.00 5398061 DOOR, CAB, POLYCARBONATE 1.00 5426994 SEAT BELT, 2• 1.00 5631163 CERTIFJCATIONARR, P65 1.00 5685603 BATTERY.EXTRA HEAVY DUTY, DISC 1.00 4218926 SERIALIZED TECHNICAL MEDIA KIT 1.00 0P0226 PACKING, ROLL ON -ROLL OFF 1.00 5738121 PRODUCT LINK. CELLULAR PL641 1.00 0P2266 SHIPPING/STORAGE PROTECTION 1.00 2520347 TIRES, 12X16.5 CAT 14PR XO 1.00 5637518 MOUNTING, ARE EXTINGUISHER 1.00 5124319 HYDRAULICS, PERFORMANCE, {HJ) 1.00 5124115 CONTROL, ISO, PROP. WT 1.00 5124178 POWERTRAIN, TWO SPEED 1.00 4951671 LIGHTS, LED 1.00 5124195 ROPS, ENCLOSED WITH A/C (C3) 1.00 4169265 DISPLAY, ADVANCED, LCD, CAMERA 1.00 5123404 QUICK COUPLER, HYDRAULIC 1.00 5369738 SEAT.AIR SUSPENSION,CLOTH,HEAT 1.00 3456180 r>:fii.n ~ ; "' STANDARD RAOlO(12V),BLUETOOTH 1.00 5684704 ViJ ~ {.,...,. f } ,r:_ FILM.TWO SPEED W/HIGH FLOW XPS 1.00 544410u r -J "" !"sJJ~f_AN,COOLING, DEMAND, REVERSING 1.00 4223445 r•c 0 Y' ALM, RIDE CONTROL, ANSI 1.00 556589 RIDE CONTROL Item Conflguratfon:WT .SSL QTY Relation 1.00 OP0096 1.00 2795373 Notes: Description SKID STEER LOADER WORK TOOLS BUCKET-GP, 74•, BOCE Subtotal Sales Tax Total Mlnnecota Iowa Missouri WISCOnlin Page 800-352-'2812 800-342-7002 800-342-7002 800-342-7002 2/2 Total 73,961 .55 0.00 $73,961.55 408 21ED~ER PA ■IIS --........... IIGII~ Bald ID: o, I S1t (M. COUNTY HIGHWAY Di:PARnEHT eos s COURT ST STE 1 l't:RG1J8 FAUi. MN llfJ8!14787 lilvoJcl .... Dll9 ~~· HMH8290IO .Matl:P:M IM22GO 112 n .... ...... -· ,. Shtpto: ZEGLERIC. 85m8TAT& HJGHWAY210W FEAGU8 FAUS, 58537,.f(m POI CR$ttAEU) 1Q2 Onletf -0.. T- 800SS88607 tnatm4 M.-Net200.,. 011D .. llodll u,o 1.CJO az,a. Dwltpllon Cataplar ~ID:EQ0112a25 R 1.na 1• WT-881. QTY 1.00 &1M2111Z • UJO OPGIJOS • 1.00, MSaelll • ,.. --· 1.00 GIIIZII• 8124 282Dl aid 8111t' Loader NUlllblr.'JP4028(8 MGdl!Yer. ... CcaJ,tllf El..dplnal&D E'COIU082 1_,,, Sktd._Loedlil'aucat~Pwpole /\K llflll MftllM'J Ma&K21083 V f;~c:,,. )" 282D3SKl>STEER uw,m LANEIORDER HEATER. ENGM: COOLANT, 120V REAR Ul3H18 FI.M, SELF LEVEL. ANSI u.~.<-f-I 3 o ,;- ~ ~ /0 -=3 ., ~ f.J p~ C> f OCT 2 2 202~ f If! or,ga~pUr ,. .... ....., ................... arTER TAI. COUNrY ~IWAY DEPARTMEN • l50fi COURTSTSTE1 • FERG FM.LS, MN aeu7"'2'757 ,,... ..... Zlegllrlno. 8080-00, POIOX• MIOldO..: Amain~~'------' ~IEBLER CO NPANI IS --.... i..--lMIM:Z:II ..... fND01ez9099 1.00 5123741 • 1.00 539eoel · 1.00 54 1.00 S831183 1.00 UlO 42119;l8 • 1.00 OPQ228 · 1.00 57 121 1.00 OP2268 • 1.00 252034?. 1 DO 507518· 1. 5124319 t.00 1124111 1..00 1124178 1.00 A951671 t.00 612U95 1.00 ◄Ulll285 t.00 5123404 1.00 5380738 1.00 34$8180 1.00 5BIMTIM ,.oo ~101 • 1.00 G234e 1.00 QTY .. 1;00 1.00 ...... : .... . '• .. Date 9113/2024 Accoi,nll 6842200 STRUCTIONS, ANSt, U DOOR, CAS, POLYCARBONATE SEATBELT. 2• CERTIFICATIOH ARR. P 5 SATTERY.EXTRA HEAVY DUTY, DISC SERIALIZED TECHN~ MEDIA t<JT PAOCING,ROUON-ROLLOff ~ODUCT LfiK. ca.w.LM Pl.6'1 SHl1flf"IN(jj~:JRJIU11: PRO'TECTJON TIRES, 12X18.5 CAT 1 XD MOUNTING, FlRE EXTIHGUIStiER HYDRAUUCS, ~ORMANCe, (H3) CONTROL. ISO, • WT POWERTIWH. TWO SPEED LIGHTS.LED ROPS, ENCLOSED WITH AJC (C3) DISPLAY, ADVANCED. LCD. CAMERA QUICK COLPLER. HYDIIAUL.C SEAT ..AtR SUSPENSION.CLOTH.HEAT STANDARD RADl0(12V~BLUETOOTH FILM.TWO SPEED WA-ilGH FLOW XPS FAN.COOLING, DEMAND, REVERSING FILM, RIDE ·CONTROL ANSI • , , RIDE CONTROL ~n SKIO STEER LOADER WORK TOOLS BUCKET-GP, 1••. BOCE .. a II 800452-2ttl .... IQG.MJ.7002 = 2/2 Total r , • ~C> f ocr222021,f sr: ___ _ .. 8alatTu Tolaf 73, 1.55 0.00 '73 1.IS Capital Im provements Re quest Form Department: Highway Project Year: 2023 Date of Request: 1 0-24-2023 Capital Code: C\C 1.ottJ'J-'\ -SU ~( • Cost of Project: $14 7 '923 .1 0 Company Name(s): _Z_ie_g_le_r_C_A_T _______________ _ Type of Project Purchase of two (2) CAT 262D3 Wheeled Skid Steers. Completion/Delivery Date: . July 2024 Included in current year approved capital budget? Yes 0 No □ Additional charges relating to approved capital expense, not included in original request? Yes □ No IZ] Signature (Team Leader) Date Signature (Finance, Property & Ucense Management Ccmmi~) Date Jennifer Holte From: Connie Oliphant Sent: Monday, April 22, 2024 3:04 PM To: Subject: Krysten Foster; Cristi Field; Jennifer Holte Fwd: Ziegler CAT Wheeled Skidsteers CIC number for skidsteers. Get Outlook for iOS From: Connie Oliphant <coliphant@ottertailcounty.gov> Sent: Monday, April 22, 2024 3:02 PM To: Christina Steinbach <csteinbach@ottertailcounty.gov> Subject: Re: Ziegler CAT Wheeled Skidsteers Thariks Christina GetOutlook for iOS From: Christina Steinbach.<csteinbach@ottertailcounty.gov> Sent:Monday, April 22, 2024 3:02:14 PM To: Connie Oliphant <coliphant@ottertailcounty.gov> Subject: RE: Ziegler CAT Wheeled Skidsteers Hi Connie, This did go to the finance committee on 11/14/23 and was approved. Please use code CIC202329. Thank you, Christina Steinbach Accounting Specialist. Auditor's Office Government Services Center 510 W. Fir Ave Fergus Falls, MN 56537 . Direct 218-998-8035 I Office 218-998-8030 ottertailcounty.qov Confidentiality Notice: The unauthorized disclosure or interception of e-mail is a Federal Crime. See 18 U.S.C. Sec. 2517(4). This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message From: Connie Oliphant <coliphant@ottertailcounty.gov> Sent: Thursday, April 18, 2024 2:17 PM 1 Per Minnesota Statute 116A.17 - Establish Public Hearing Date and Time - Purpose to expand the Otter Tail Water Management District membership (five property tax parcels). Motion by ___________, second by __________ and unanimously carried to establish, per the provision of Minnesota Statute 116A, a public hearing for ________a.m/p.m on __________, ________ __ ____ for the purpose of considering the expansion of the Ottertail Water Management District through the addition of the following parcels: Parcel 02-000-99-0614-002 - SHIRLEY BEACH W 55' OF E 135' OF LOT C Parcel 25-000-99-1046-000 - HOMESTEAD DEVELOPMENT LOT 4 BK 1 Parcel 46-000-99-0178-000 - LEISURE CAMP PT GL1 & PT LOTS 8 & 9 LEISURE CAMP COM MOST SLY COR LOT 12 LEISURE CAMP N50D E 252.57' TO PT A CONT N50D E 101.10' TO PT BEG S39D E 45.53' S46D W 101.18' N39D W 52.80' TO PT A CONT N39D W 203' TO LK NELY ALG LK TO INSCT LN FR PT BEG S 39D E 207' TO BEG INCLUDS VAC ALLEY ADJ EX PT NOT PLATTED & EX PT IN LOT 9 Parcel 46-000-99-1048-000 - FOUR WINDS LOT 4 BLK 1 Parcel 74-000-99-0267-000 - PAULSON'S ISLAND VIEW LOT 1O BLK 1 Wayne Stein From: Sent: To: Subject: Hi Wayne Chris Leclair Tuesday, November 19, 2024 1 :08 PM Wayne Stein OTWMD As discussed, we had a conversation with the County Board today regarding how to add members to the Otter Tail Water Management District membership rolls and add their user fee to the property tax statement. Mn Statute 11 SA.17 requires a public hearing to be held to add members. The OTWMD has requested that we add the following parcels to their membership rolls: 46000990178000 02000990614002 25000991046000 74000990267000 46000991048000 I can assist you with whatever assistance you need, the County Board wants the County Auditor to come back on December 3 to request a public hearing to add those five parcels to the OTWMD membership roster and add the OTWMD to each parcel's property tax statement. Let me know what you need from me and I will get it ready for you. Thanks, Chris Christopher W. LeClair, R.E.H.S. Director Land & Resource Management 540 W Fir Ave Fergus Falls, MN 56537 Direct 218-998-8105 I Office 218-998-8095 I Mobile 218-517-9326 ~ ~u~~N:r~T~ The Land & Resource Management office strives to provide positive customer service. Please take a moment to let us know about your experience interacting with Land & Resource Management staff by clicking the following: SHARE YOUR 1'fi EXPERIENCE 1 2 MINNESOTA STATUTES 2024 116A.17 116A.17 ASSESSMENT PROCEDURE AND FINAL HEARING. Subdivision 1. Calculation; notice. At any time after the expense incurred and to be incurred in the completion of a water or sewer or combined system, or of any subsequent improvement or extension thereof, has been calculated under the direction of the board or court the county auditor or auditors, with the assistance of the engineer or another qualified person shall calculate the proper amount to be specially assessed for the improvement against every assessable lot, piece ·or parcel of land, without regard to cash valuation.~ proposed assessment roll shall be filed with the coun auditor and open to public inspection. In a judicial proceeding the assessment roll shall be filed with the county auditor in each county w erem assessments are to be levied. The auditor or court administrator shall then, under the board's or court's direction, publish notice of a hearing in the official papers covering the area of the improvement to consider the proposed assessment. The notice shall be published in the newspaper at least once and shall be mailed to the owner of each parcel described in the assessment roll. For the purpose of giving mailed notice under this subdivision, owners shall be those shown to be such on the records of the county auditor or, m any county where tax statements are mail.ed by the county treasurer, on the records of the comity treasurer; but other appropriate records may be used for this purpose. Publication and mailing shall be no less than two weeks prior to the hearmg. Except as to the owners of tax-exempt property or property taxed on a gross earnings basis, every property owner whose name does not appear on the records of the county auditor or the county treasurer shall be deemed to have waived the mailed notice unless that owner has requested in writing that the county auditor or county treasurer, as the case may be, include that owner's name on the records for such purpose. The notice shall state the date, time, and place of the meeting, the general nature of the improvement, the area proposed to be assessed, that the pro posed assessment roll is on file with the auditor, and that written or oral objections thereto by any property owner will be considered. Subd. 2. Adoption; interests. At the hearing or at any adjournment thereof the board or court shall hear and pass upon all objections to the proposed assessment, whether presented orally or in writing. The board or court may amend the proposed assessment as to any parcel and by resolution adopt the same as the special assessment against the lands named in the assessment roll. Notice of any adjournment of the hearing shall be adequate if the minutes of the meeting so adjourned show the time and place when and where the hearing is to be continued, or if three days' notice thereof be published in the newspaper. The assessment, with accruing interest, shall be a lien upon all private and public property included therein, from the date of the resolution adopting the assessment, concurrent with general taxes; but the lien shall not be enforceable against public property as long as it is publicly owned, and during such period the assessment shall be recoverable from the owner of such property only in the manner and to the extent provided in section 4 3 5 .19. All assessments shall be payable in equal annual installments extending over such period, not exceeding 30 years, as the board or court may direct. The first installment shall be payable on the first Monday in January next following the adoption of the assessment and its extension on the tax rolls, which shall be completed as soon as practicable; except that the board or court may direct the payment of the assessment on one or more lots, pieces, and parcels of land to be deferred for a specified period, or until it is connected to the system, or to be extended over a longer period not exceeding 50 years, if it finds that such method of payment in any case will be more commensurate with the benefits to be received by the property and that the net revenues of the system will be sufficient to meet any deficiency in funds available to pay principal and interest when due on bonds to be issued to finance the system, resulting from deferment or extension of such assessment payments. All assessments not paid in full within 30 days from the date of confirmation of the assessments shall bear interest at the rate fixed by the board or court, but not exceeding eight percent per annum. To the first installment shall be added interest on the entire assessment from the date oflevying the assessment until December 31 of the year in which the first installment is payable; provided that the board or court, if payment of the first installment on any property is deferred, may provide that interest during the period of the deferment shall be paid annually, or shall be forgiven in whole or in part, or, if not paid or Official Publication of the State of Minnesota Revisor of Statutes 116A.17 MINNESOTA STATUTES 2024 2 forgiven, shall be added to the principal amount of the special assessment payable in annual installments after the expiration of the period of deferment. To each installment after the first one there shall be added interest for one year on all unpaid installments. In lieu of the method of payment provided above, special assessments may be made payable in equal annual installments including both principal and interest, each in the amount annually required to pay the principal over such period with interest at such rate as previously determined not exceeding the maximum period and rate specified. In this event no prepayment shall be accepted without payment of all installments due to and including December 31 of the year of prepayment, and the original principal amount reduced only by the amounts of principal included in such installments, computed on an annual amortization basis. No special assessments levied under the provisions of section 116A.12 or this section shall be subject to deferment under the provisions of section 273.111, subdivision 11, or of any other law except this subdivision. Subd. 3. Assessment roll and prepayment. After the adoption of the assessment the auditor shall prepare a final assessment roll with each installment of the assessment, and interest thereon, set forth separately, and shall extend same on the proper tax lists of the county. All assessments and interest thereon shall be collected and paid over in the same manner as other county taxes. The owner of any property so assessed may, at any time before the assessment has been extended on the tax lists pay the whole of the assessment on such property, with interest accrued to the date of payment, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, that owner may at any time prior to November 15 of any year prepay the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. Subd. 4. Collection; tax-exempt property. On the confirmation of any assessments the auditor shall notify the county board of commissioners of the amount payable by any county and shall mail a notice to the clerk or recorder of any other political subdivision specifying the amount payable by the political subdivision, and to the owner of any right-of-way at its principal office in the state, a notice specifying the amount payable on account of any right-of-way. The amount payable on account of any right-of-way or public property or by any city connected to the system shall be payable to the water or sewer system's special fund and shall be payable in like installments and with like interest and penalties as provided for in reference to installments payable on account of assessable real property, except that interest accruing shall not begin to run until the notice provided in this subdivision has been properly given and 30 days thereafter have elapsed. The governing body of any such political subdivision shall provide for the payment of these amounts and shall take appropriate action to that end. If the assessment is not paid in a single installment, the auditor shall annually mail to each connected city, to the owner of any right-of-way and, as long as the property is publicly owned, to the owner of any public property a notice stating that an installment is due and should be paid to the water or sewer district's special fund. The auditor may collect the amount due on account of the right-of-way of any railroad or privately owned public utility by distress and sale of personal property in the manner provided by law in case of taxes levied upon personal property or by suit brought to enforce the collection of this indebtedness unless a different method of collecting such amounts is provided for by any contract between the owner of any right-of-way and the board or court. Any amount payable by any city connected to the system, if not paid when due, may be extended by the auditor as a tax upon all taxable property within the city for collection with other taxes in the following year. History: 1971 c 916 s 17; Exl971 c 20 s 9; 1973 c 123 art 5 s 7; 1973 c 322 s 12-14; 1986 c 444; 1Spl986 c 3 art 1 s 82 Official Publication of the State of Minnesota Revisor of Statutes Wayne Stein From: Chris Leclair Sent: To: Monday, November 25, 2024 7:15 AM Wayne Stein Subject: RE: Ottertail Water Management District. Attachments: 7 Apr1981-Resolution Forming Otter Tail Lake Area Sewer System.pdf Hi Wayne: Yes, it's Mn Statute 116A. Here is the original resolution from 1981 forming the district. Thanks, Chris Christopher W. LeClair, R.E.H.S. Director Land & Resource Management 540 W Fir Ave Fergus Falls, MN 56537 Direct 218-998-8105 I Office 218-998-8095 I Mobile 218-517-9326 ~ 9oU~!tftc~~ The Land & Resource Management office strives to provide positive customer service. Please take a moment to let us know about your experience interacting with Land & Resource Management staff by clicking the following: SHARE YOUR EXPERIENCE From: Wayne Stein <wstein@ottertailcounty.gov> Sent: Monday, November 25, 2024 6:49 AM To: Chris Leclair <cleclair@ottertailcounty.gov> Subject: Ottertail Water Management District. November 25, 2024 Dear Chris, Do you happen to know the statutory citation that allowed for the creation of the Ottertail Water Management District? Thank you. Wayne Stein 1 Auditor-Treasurer County Auditor-Treasurer's office Government Services Center 510 Fir Ave W. Fergus Falls, MN 56537 Direct Line -218 998-8041/Office Line -218 998-8030 Confidentiality Notice: The unauthorized disdosure or interception of e-mail is a Federal Crime. See 18 U.S.C. Sec. 2517(4). This e-mail message, including any attachments, is for the sole use of the attended recipient(s) and may contain confidential and privileged information. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. 2 RESOLUTION FORMING THE OTTER TAIL LAKE AREA SEWER SYSTEM Upon motion made by ____ V~a~n:c.....:E~l~l~i~g=----------• seconded by ____ A_n_d~y_L_e_i_t_c_h _________ , and carried, the following resolution was adopted: RESOLVED, by the Board of County Commissioners of Otter Tail County, Minnesota, that WHEREAS, the Otter Tail County Board of Commissioners previously received a petition pursuant to Minn. Chap. 116A requesting the creation of a sewer system around Otter Tail Lake, and WHEREAS, the Otter Tail County Board of Commissioners previously retained Ulteig Engineers, Inc., of Fargo, North. Dakota, to explore the establishment of a sewer system in the Otter Tail Lake area and to secure, if possible, grants for the construction of said system from the State and Federal government, and WHEREAS, grants consisting of 94 percent of the cost of a proposed system including all of Otter Tail Lake and parts of Round, Deer, Blanche, Long and Walker Lakes, and their connecting waterways are available, and WHEREAS, the system which has been approved for grant purposes includes areas other than those found in the petition previously filed requesting the creation of a sewer system around Otter Tail Lake, and WHEREAS, the County Board of Commissioners is agreeable to forming a sewer system pursuant to Minn. Stat. 116A.02, Subd. 3, subject to the following: (l) That the engineering firm appointed pursuant to Minn. Stat. 116A.06 not engage in billable work on the system until such work has been grant approved, and (2) That the Otter Tail Lake Association, the original petitioners, or any other party interested in this system make and file a bond in the amount of $15,000.00, payable to Otter Tail County, conditioned to pay all costs and expenses which may be incurred in case the proceedings are dism:Lssed for any reason or no contract is entered for the construction of the system pursuant to Minn. Stat. 116A.03. NOW, THEREFORE, BE IT RESOLVED, that the Otter Tail Lake area sewer system is hereby established for the properties set out on the map of the area prepared by Ulteig Engineers, Inc., and dated April, 1981, and showing the effective properties on Otter Tail, Walker, Long, Blanche, Round and Deer Lakes, and their connecting waterways, which said map is on file in the office of County Audi.tor of Otter Tail County, subject to the following conditions: (1) That the engineering firm appointed pursuant to Minn. Stat. 116A.O6 not engage in b.illaole work on the system until such work has been grant approved, and ATTEST: (.2) That the Otter Tail Lake Association, the original petitioners, or any other party interested in this system make and ·file a bond in the amount of $15,000.00, payable to Otter Tail County, conditioned to pay all costs and expenses which may be incurred in case the proceedings are dismissed for any reason or no contract is entered for the construction of the system pursuant to Minn. Stat. 116A.O3. Adopted at Fergus Falls, Minnesota, this __ 7_t_h __ day of April, 1981. -2- (Publication Date: November 23, 2024) OTTER TAIL COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING REGARDING PROPOSED PROPERTY TAX ABATEMENTS NOTICE IS HEREBY GIVEN that the County Board of Commissioners (the "Board") of Otter Tail County, Minnesota (the "County"), will hold a public hearing at a meeting of the Board beginning at 2 p.m., on Tuesday, December 3, 2024, in the Commissioners' Room at the Government Services Center, 515 W. Fir Avenue, Fergus Falls, Minnesota, on the proposal that the County abate property taxes, pursuant to Minnesota Statutes 469.1812 through 469.1815, levied by the County on the following separate properties identified as tax parcel numbers (the "Properties"): 71001990569004, 53000110063004, 82000990263000, 27000130083003, 76000990874001, 32000260179008, 02000230173004, 71001990569000, 47000200136024, 37000991304000, 32000990525000, 37000991434000, 55000990773000 The total amount of taxes proposed to be abated by the County on each above described property for a period not to exceed five (5) years is estimated to be not more than $10,000. Questions regarding the above matters may be referred to Amy Baldwin, Community Development Director, at (218) 998-8050. All interested persons are invited to attend the Public Hearing in person or remotely. Those wishing to participate remotely may do so by contacting the County Board Secretary at (218) 998-8051. Written testimony is encouraged and must be submitted to the County Administrator’s office, 520 West Fir Ave, Fergus Falls, MN 56537 no later than 9 a.m. on Monday, December 2, 2024. The Public Hearing will also be available for viewing via livestream. Anyone needing reasonable accommodations or an interpreter should contact the County Administrator's office at the Government Services Center, telephone (218) 998-8060. BY ORDER OF THE COUNTY BOARD OF COMMISSIONERS OF OTTER TAIL COUNTY, MINNESOTA /s/ Nicole Hansen, County Administrator Tuesday, November 5thDecember 3rd, 2024 Page 1 of 10 Lease Agreement Between NBH Fergus Falls, LLC and Otter Tail County THIS LEASE AGREEMENT (Lease or Agreement) is made and entered into effective January 1, 2025 (Effective Date), by and between THE COUNTY OF OTTER TAIL, 520 West Fir Avenue, Fergus Falls, MN 56537 (Lessor), and NBH FERGUS FALLS, LLC, a for profit limited liability company duly organized under the laws of the State of Minnesota (Lessee). WHEREAS, Lessee, through an Assignment and Assumption of Lease and Tax Abatement Agreement dated July 17th, 2023, assumed the Lease for a facility in Fergus Falls to provide chemical dependency treatment and mental health services; WHEREAS, that Lease will expire on December 31st, 2024; WHEREAS, Lessee continues to need a facility in the Fergus Falls area to provide chemical dependency treatment and mental health services; WHEREAS, Lessor, a political subdivision of the State of Minnesota, is desirous that a provider of those services approved by the State of Minnesota is located within the City of Fergus Falls; WHEREAS, Lessor is the fee title owner of facility in the City of Fergus Falls located at 1174 Western Avenue, Fergus Falls, MN 56537; WHEREAS, Lesse and Lessor do mutually agree to update and extend the Lease. NOW THEREFORE, in consideration of the mutual covenants set forth herein, the parties hereby agree as follows: 1. PREMISES. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the premises located in the County of Otter Tail at 1174 Western Avenue, Fergus Falls, MN, 56537 described as follows: A freestanding, one-level, slab-on-grade structure, containing approximately thirty-two thousand (32,000) usable square feet, located on the tract of land described on the attached Exhibit A, with access to and use of surrounding grounds comprising a tract of land of approximately 3.5 acres, containing a minimum of sixty (60) off-street paved vehicle parking spaces to accommodate Lessee’s employee and visitor vehicles, including handicapped parking spaces. 2. SUBLETTING. Lessor shall have the right to transfer and assign, in whole or in part, by operation of law or otherwise, its rights and obligations hereunder. Lessee shall not have the right to assign this Lease or any interest herein, or to sublet the Premises or any part thereof, or any right or privilege appurtenant thereto, without the express written consent of Lessor. Should Lessee sublease the Premises, then the Lessee will be bound by the requirements of this Lease, including the hold harmless and indemnification requirements of Section 13 of this Agreement, and said requirements will be incorporated in any agreement between Lessee and any secondary Sublessee with the express written consent of the Lessor. Any assignment under this section does not relieve Lessee of any of its obligations under this Lease. Tuesday, November 5thDecember 3rd, 2024 Page 2 of 10 3. AUTHORIZED USE. The authorized use of the Premises is for the housing and delivery of services for chemical dependency treatment and mental health services. Lessee shall peaceably and quietly hold and enjoy the Premises for the Term (hereinafter defined), subject to the provisions and conditions set forth in this Lease. 4. TERM. A. Subject to and upon the terms and conditions set forth in this Lease, this Lease shall be in force for 24 48 months (the "Term") beginning on January 1, 2025, and ending on December 31, 2026 2028 (the "Termination Date"). At the sole discretion of the Lessor, this Lease shall renew for a 24-month period if the Lessee does not exercise the “Option to Purchase” as outlined in Section 5 below. 5. OPTION TO PURCHASE: Lessor grants Lessee the exclusive right to an option to purchase (“Option”) the Premises herein beginning with the term of this lease and expiring on December 31, 20262028, or on date of sale to Lessee, or on the date of termination if the Lease is earlier terminated. A. Notice Required to Exercise Option: To exercise the Option to Purchase, the Lessee must deliver to the Lessor, a written notice of the Lessee’s intent to purchase. In addition, the written notice must specify a valid closing date. The closing date must occur on or before December 31, 2026 2028 unless agreed to by the parties in writing. B. Exclusivity of Option: This Option to Purchase is exclusive and non-assignable and exists solely for the benefit of the named parties above. Should Lessee attempt to assign, convey, delegate or transfer this option to purchase without the Lessor’s express written permission, any such attempt shall be deemed null and void. C. Closing and Settlement: Lessee agrees that closing costs, including any points, fees and other charges required by the third-party lender, shall be bore by the party incurring them. If the cost is a mutual cost, they will be divided equally between the parties. D. Recording of Agreement: Lessee shall not record this Option to Purchase on the Public Records of any public office without the express and written consent of the Lessor. E. Purchase Price: If Lessee exercises the Option to Purchase, the purchase price shall be $3,750,000. E.F. Earnest Payment: Lessee will pay $25,000 to Lessor as earnest money for the Option to Purchase. The earnest payment shall be due and payable by Lessee to Lessor on January 1, 2025. The earnest money will be held in escrow by Lessor and will be applied to the purchase of the Premises at closing. The Lessee shall forfeit all earnest money deposits should the Lessee not exercise the Option to Purchase. 6. RENT. A. In consideration of the covenants, representations and conditions of the Lease, Lessee shall pay Lessor rent in the amount of $26,250 per month. The first installment shall be due and payable by Lessee to Lessor on January 1, 2025 and shall continue to be payable on or before first day of each month thereafter through the lease term. B. Real Estate Taxes: As additional rent, Lessee shall be responsible for the payment of the real estate taxes and special assessments, if any, associated with the Real Estate during the term of this lease. C. Lessee shall be responsible for any costs related to fire protection from the Fergus Falls Fire Department. D. Lessee shall be responsible for the costs associated with annual inspections by any and all public and/or private regulatory entities who exercise oversight of the services and Formatted: Underline Tuesday, November 5thDecember 3rd, 2024 Page 3 of 10 programs provided at this facility, e.g., Minnesota Department of Human Services, Minnesota Health Department, etc. 7. TAX ABATEMENT AGREEMENT A. Section 3.8 of the Tax Abatement Agreement dated September 17, 2019 between the Lessor and Northstar Behavioral Health, LLC, and assumed by NBH, Fergus Falls, LLC via an Assignment and Assumption of Lease and Tax Abatement Agreement dated July 17, 2023, indicates that, at the discretion of the County, the Tax Abatement Agreement may be terminated if the Lessee exercises the option to purchase. The Lessor shall not terminate the Tax Abatement Agreement should the Lessee exercise the option to purchase as outlined herein. However, the Lessor reserves the right to terminate the Tax Abatement Agreement at an earlier date if an Event of Default occurs as set forth in the Tax Abatement Agreement dated September, 17, 2019. 7.8.CAPITAL IMPROVEMENTS A. Remodeling, alternations, additions and/or changes (hereinafter referred to as “Alterations”) to the Leased Premises may be needed from time to time to accommodate new residents or to make changes needed services provided by Lessee. Lessee shall be responsible for all infrastructure and capital improvements. Lessee shall not make such Alterations to the Leased Premises that exceed $20,000 without advance written consent of Lessor. B. Lessor will reimburse Lessee up to $50,000 for security system improvements per the proposal in Exhibit C. 8.9.MAINTENANCE AND REPAIRS A. Lessee shall be responsible for all utilities, maintenance, and repairs. 9.10. LESSEE’S PROGRAM LICENSES/PERMIT. A. Lessee shall comply with all municipal, county, and state laws, ordinances and regulations and shall obtain and pay for all licenses and permits as applicable to and required for its program. 10.11. INSURANCE/LIABILITY A. Lessee shall be responsible for providing, at Lessee's own expense, commercial general liability insurance, worker’s compensation insurance, and all insurance coverage necessary for the protection against loss or damage from fire or other casualty of Lessee's and Lessor's goods, furniture and interior content property. Lessee agrees, at its sole cost and expense during the entire time of this agreement, to maintain the required insurance, with an insurer approved by Lessor, such approval shall not be unreasonably withheld or denied. Lessor shall be responsible for providing, at Lessor’s own expense, insurance for the structure of the building. Lessee and Lessor shall, respectively, be named as additional insured related to any loss. A certificate of insurance shall be provided to the other party, and such insurance shall provide that it may not be altered or canceled without thirty (30) calendar days prior written notice. If insurance coverage provided under this section has a deductible, the party responsible for providing the insurance agrees to be responsible to provide funds to cover the costs of any deductible applicable to a covered loss regarding a claim. B. Commercial general liability insurance shall not be less than $1,500,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Lease or be no less than $5,000,000.00 for bodily injury and property damage. Lessor will be named as additional insured. In addition, Lessee shall maintain worker’s compensation according to Formatted: No underline Formatted: Indent: Left: 1", No bullets or numbering Tuesday, November 5thDecember 3rd, 2024 Page 4 of 10 State and Minnesota Laws and business automobile liability coverage or equivalent form with a limit of not less than $1,500,000.00 per each accident. Such insurance shall include coverage for owned, hired, and non-owned vehicles. A certificate or certificates of such insurance shall be furnished to Lessor, and such insurance shall provide that it may not be altered or canceled without thirty (30) calendar days prior written notice to Lessor. Lessee, upon request, shall furnish Lessor copies of all insurance policies. 11.12. FIRE OR OTHER CASUALTY. In the event that, at any time during the Term, all, or such portion of the Premises (or improvements thereon) as shall adversely affect Lessee's business operations (in Lessee's discretion), shall be damaged or destroyed by fire or any other casualty, then, Lessee shall, within 90 days of the casualty, inform Lessor of its intention to terminate the Lease or request Lessor to repair the damage caused by the casualty with applicable insurance proceeds. If Lessee elects to terminate, this Lease shall terminate as of the date of such damage or destruction, and Lessee shall have a period of sixty (60) days from the date of the notice of termination, in which to remove Lessee's property from the Premises. Lessee will also be responsible to provide funds in the amount equal to any insurance deductible if Lessor determines to repair or reconstruct the Leased Premises or purchase replacement personal property. This obligation of Lessee survives the termination of the Lease. If Lessee shall not elect to terminate this Lease as aforesaid, the Lessor may: (i) apply all of the insurance proceeds payable as a result of such loss or damage to the reconstruction or repair of the facilities damaged to restore the same, to the extent of such proceeds, as nearly as practicable to the condition existing just prior to such damage or destruction, subject to such changes and variations in construction and design as both parties agree in good faith would contribute to making the reconstructed facility more useful as a treatment facility, as the case may be; or (ii) if the loss resulting from such damage to or destruction of the Premises exceeds $1,000,000 pay to the Lessee the unamortized value of all improvements to the Premises for which insurance proceeds were paid less any deductible, retain the balance of insurance proceeds remaining after such payment and terminate the Lease. Such termination will be effective 90 days after notice of termination is given to Lessee. 12.13. WAIVER OF CLAIMS. Lessor shall not be liable to Lessee for any inconvenience or loss to Lessee in connection with any of the repair, maintenance, damage, destruction, restoration, or replacement referred to in this lease. Lessor shall not be obligated to insure any of Lessee's goods, furniture, or otherwise be liable for any damage to or destruction of any of the foregoing. 13.14. INDEMNITY OF LESSOR. Except to the extent of loss, injury or damage caused by the acts or omissions of Lessor, its employees, contractors, invitees or agents, Lessee covenants to indemnify Lessor, and save it harmless, from and against any and all claims, actions, damages, injuries, accidents, liability and expense, including reasonable attorneys' fees and costs, in connection with or arising from, or occasioned wholly or in part by, any breach by Lessee of its obligations under this Lease or the rendition or failure to render services to any person in connection with the business to be conducted on the premises. This section does not require the Lessee to be responsible for or defend against claims or damages arising solely from errors or omissions of the Lessor, its officers, agents or employees. 14.15. INDEMNITY OF LESSEE. Except to the extent of loss, injury or damage caused by the acts or omissions of Lessee, its employees, contractors, invitees or agents, Lessor covenants to indemnify Lessee, and save it harmless, from and against any and all claims, actions, damages, injuries, accidents, liability and expense, including reasonable attorneys' fees and costs, in connection with or arising from, or occasioned wholly or in part by, any breach by Lessor of its obligations under this Lease or the rendition or failure to render services to any person in connection with the business to be conducted on the premises. This section does not require the Lessor to be responsible for or defend against claims Tuesday, November 5thDecember 3rd, 2024 Page 5 of 10 or damages arising solely from errors or omissions of the Lessee, its officers, agents or employees. 15.16. NON-WAIVER. Neither the acceptance by Lessor of any Rent or other payment hereunder, whether or not any default hereunder by Lessee is then known to Lessor, or any custom or practice followed in connection with this Lease shall constitute a consent or waiver of any right or obligation by either party. Failure by either party to complain of any action or non-action on the part of the other or to declare the other in default, irrespective of how long such failure may continue, shall not be deemed to be a waiver of any rights hereunder. 16.17. TIME. is of the essence with respect to the performance of every obligation under this Lease in which time of performance is a factor. 17.18. NOTICES. Each notice required or permitted to be given hereunder by one party to the other shall be in writing with a statement therein to the effect that notice is given pursuant to this Lease, and the same shall be given and shall be deemed to have been delivered, served and given if placed in the United States mail, postage prepaid, by United States registered or certified mail, return receipt requested, addressed to such party at the address provided for such party herein. Any notices to Lessor shall be addressed and given to Lessor as follows: Lessor: Otter Tail County Attn: County Administrator 520 West Fir Avenue Fergus Falls, Minnesota 56537 Lessee: NBH Fergus Falls, LLC 2345 Ariel St. Maplewood, MN 55109 The addresses stated above shall be effective for all notices to the respective parties until written notice of a change in address is given pursuant to the provisions hereof. 18.19. RIGHTS UPON DEFAULT. If Lessee shall be in default under any provision of this Lease and shall remain so for a period of ten (10) days after written notice from Lessor to Lessee then Lessor may, by giving notice to Lessee at any time thereafter during the continuance of such default, either (a) terminate this Lease, or (b) re- enter the Premises by summary proceedings or otherwise, expel Lessee and remove all Lessee's property therefrom, relet the Premises at the best possible rent readily obtainable (making reasonable efforts therefor), and receive the rent therefrom, and Lessee shall remain liable for the amount of all rent reserved herein, plus the costs of maintenance and repairs to the date that Lessor secures possession of the Premises, less the avails of reletting, if any, after deducting therefrom the reasonable cost of obtaining possession of said Premises, including reasonable attorney’s fees and of any repairs necessary to prepare it for reletting. If the Premises is relet at an equal or greater amount than specified in Section 6 herein, Lessee obligation under this Agreement cease. Any and all deficiencies so payable by Lessee shall be paid on the date herein provided for the payment of rent. If any default by Lessee cannot reasonably be remedied within thirty (30) days after notice of default but Lessee shall commence promptly to cure the same and thereafter prosecute the curing thereof with diligence, then Lessee shall have such additional time, not to exceed 30 days, as shall be reasonably necessary to remedy such default before this Lease can be terminated or other remedy enforced by Lessor. Lessee shall be responsible, upon termination of the Lease, for curing any deficiencies in the inventory of equipment, furniture, and supplies for which it is responsible. Tuesday, November 5thDecember 3rd, 2024 Page 6 of 10 If Lessor shall be in default under any provision of this Lease and shall remain so for a period of ten (10) days after written notice from Lessee to Lessor than Lessee may, by giving notice to Lessor at any time thereafter during the continuance of such default, either (a) terminate this Lease, or (b) any other remedy available at law and equity. If any default by Lessor cannot reasonably be remedied within thirty (30) days after notice of default but Lessor shall commence promptly to cure the same and thereafter prosecute the curing thereof with diligence, then Lessor shall have such additional time, not to exceed 30 days, as shall be reasonably necessary to remedy such default before this Lease can be terminated or other remedy enforced by Lessee. 19.20. SURRENDER. On the last day of the Term, or upon earlier termination of this Lease, Lessee shall peaceably and quietly surrender the Premises to Lessor, broom clean, in good order, repair and condition, excepting only wear and tear resulting from normal use, casualty covered by casualty insurance available from Lessee or any other source and the following types of losses or events not covered by casualty insurance: acts of God, terrorism, earthquakes and floods. 20.21. LEGAL INTERPRETATION. This Lease and the rights and obligations of the parties hereto shall be interpreted, construed, and enforced in accordance with the laws of the State of Minnesota. The determination that any provision of this Lease is invalid, void, illegal, or unenforceable shall not affect or invalidate the other provisions hereof. All obligations of either party requiring any performance after the expiration of the Term shall survive the expiration of the Term and shall be fully enforceable in accordance with those provisions pertaining thereto. Section titles are for convenient reference only and shall not be used to interpret or limit the meaning of any provision of this Lease. Any lawsuit pertaining to or affecting this Lease shall be venued in District Court, 7th Judicial District, Otter Tail County, State of Minnesota. 21.22. INTEGRATION. This Agreement, along with any exhibits, appendices, schedules, and amendments hereto, encompasses the entire agreement of the parties, and supersedes and merges all previous understandings and agreements between the parties, whether oral or written. The parties hereby acknowledge and represent, by affixing their signatures hereto, that said parties have not relied on any representation, assertion, guarantee, warranty, collateral contract, or other assurance, except those set out in this Agreement, made by or on behalf of any other party or any other person or entity whatsoever, prior to the execution of this Agreement. The parties hereby waive all rights and remedies, at law or in equity, arising or which may arise as the result of party’s reliance on such representation, assertion, guarantee, warranty, collateral contract, or other assurance, provided that nothing herein contained shall be construed as a restriction or limitation of said party’s right to remedies associated with the gross negligence, willful misconduct, or fraud of any person or party taking place prior to, or contemporaneously with, the execution of this Agreement. 22.23. SEVERABILITY. In the event of any conflict between a provision of this Agreement and any statute not subject to variation by this Agreement, the provisions of the statute shall govern. If any provisions of this Agreement is held to be invalid, illegal, or unenforceable in any respect, such provisions shall be fully severable, this Agreement shall be construed and enforced as if such invalid, illegal, or unenforceable provisions had never comprised a part of this Agreement and the validity, legality, and enforceability of the remaining provisions shall in no way be affected or impaired. Furthermore, in lieu of such invalid, illegal, or unenforceable provision, there will be added automatically as part of this Agreement a provision as similar in terms to such invalid, illegal, or unenforceable provision as may be possible and still be valid, legal, and enforceable. Tuesday, November 5thDecember 3rd, 2024 Page 7 of 10 23.24. BLUE PENCIL DOCTRINE. In the event that any of the restrictive covenants contained in this Agreement shall be found by a court of competent jurisdiction to be unreasonable by reason of its extending for too great a period of time or over too great a geographic area or by reason of its being too extensive in any other respect then such restrictive covenant shall be deemed modified to the minimum extent necessary to make it reasonable and enforceable under the circumstances. 24.25. SIGNAGE. To the extent not prohibited by applicable law, ordinance or restrictive covenant, and with Lessor's prior approval (which shall not be unreasonably withheld or denied), Lessee may install in a reasonable locations on the property of Lessor signs of reasonable dimensions advertising Lessee's business at the Premises. Such signs shall be erected and maintained at Lessee's expense and removed at Lessee's expense upon termination of this Lease. Such signage shall comply with all applicable laws, ordinances and restrictive covenants and Lessee will obtain, at its expense, all utility service, licenses, permits and insurance for the same. 25.26. PHYSICAL INVENTORY. A complete physical inventory of the personal property (other than consumables) located on the Premises shall be conducted prior to the date of execution of this Lease. The physical inventory shall be listed in Exhibit B. Upon termination of this Lease, a complete physical inventory will be taken. Lessee will be required to replace any items lost, discarded or damaged during the term of this Lease. The Lessor may, at its option, remove or otherwise dispose of any items of personal property not listed on Exhibit B upon termination of this Lease. 26.27. REPORTING REQUIREMENT. Lessee agrees to report to Lessor any event encountered in the course of performance of this Lease which results in or may result in material injury in an amount of $10,000 or more to person or property of third parties, or which may otherwise subject Lessee or Lessor to material liability. Lessee shall report any such event to the Lessor as promptly as practicable after discovery. Executed to be effective for all purposes as of the Effective Date. LESSOR: OTTER TAIL COUNTY By: Kurt Mortenson, Board Chair ____________________________________________ Nicole Hansen, County Administrator and Board Clerk LESSEE: NBH Fergus Falls, LLC Or Its Assigns By: ________________________________________ Tuesday, November 5thDecember 3rd, 2024 Page 8 of 10 Exhibit A Description of Premises That part of the Northeast Quarter of Section 32, Township 133 North, Range 43 West of the 5th Principal Meridian, Otter Tail County, Minnesota, described as follows: Commencing at a found iron monument at the northeast corner of said Section 32; thence on an assumed bearing of South 89 degrees 49 minutes 00 seconds West along the north line of the Northeast Quarter of said Section 32 a distance of 596.07 feet to the point of beginning; thence South 00 degrees 45 minutes 00 seconds West along the westerly line of Lot 1, Block 1 of the plat of Village Cooperative Addition to the City of Fergus Falls, on file and of record in the office of the Otter Tail County Recorder a distance of 446.87 feet to the southerly line of an underground gas transmission line easement as described in document no. 941476 recorded in the office of the Otter Tail County Recorder; thence North 80 degrees 12 minutes 50 seconds West along the southerly line of said gas transmission line easement a distance of 794.77 feet; thence North 00 degrees 46 minutes 00 seconds East along the northerly extension of the easterly right of way line of Western Avenue a distance of 309.26 feet; thence North 89 degrees 49 minutes 00 seconds East along the north line of the Northeast Quarter of said Section 32 a distance 784.92 feet to the point to beginning. Containing 6.81 acres, more or less, subject to easements for township road, natural gas transmission and electric transmission purposes and other easements of sight or record, if any. Tuesday, November 5thDecember 3rd, 2024 Page 9 of 10 Exhibit B Personal Property Schedule • 9 Refrigerators • 3 Dishwashers • 3 Electric Ranges • 3 Microwave Ovens • 3 Milk Coolers • 3 Clothes Washing Machines • 4 Electric Clothes Dryers • 59 Metal Chairs • 105 Wooden Chairs • 4 Office Desk Chairs • 3 Computer Racks • 60 Wooden Bed Frames • 60 Wooden Desks • 60 Wooden Wardrobes • 74 Secure Storage Wall Lockers • 54 Small Secure Wall Lockers • 1 Two Door Storage Cabinet • 1 8’X2’ Storage Shelving 10ft High • 1 Set of 4 Rolling Records Shelving • 4 Computers • 5 Computer Monitors • 3 Computer Keyboards • 1 Fob Key Making Machine • 1 CC TV Rack • 3 DVR’s • 5 N Ports • 1 Monitor • 40 Security Cameras Tuesday, November 5thDecember 3rd, 2024 Page 10 of 10 Exhibit C Security System Improvements Drainage Authority Meeting Minutes November 19, 2024 Page 1 of 4 OTTER TAIL COUNTY – MINNESOTA DRAINAGE AUTHORITY MINUTES Government Services Center, Commissioners’ Room & Via Livestream 515 West Fir Avenue, Fergus Falls, MN November 19, 2024 | 12:12 p.m. CALL TO ORDER The Otter Tail County Drainage Authority convened at 12:12 p.m. Tuesday, November 19, 2024, at the Government Services Center in Fergus Falls, MN. Commissioners Kurt Mortenson, Chair; Lee Rogness, Vice Chair; Wayne Johnson, Dan Bucholz, and Bob Lahman were present. APPROVAL OF AGENDA & CONSENT AGENDA Chair Mortenson called for joint approval of the Drainage Authority Agenda and Consent Agenda. Motion by Lahman, second by Bucholz and unanimously carried to approve the Drainage Authority Agenda of November 19, 2024 and the Consent Agenda of November 19, 2024 as follows: 1. November 5, 2024, Drainage Authority Meeting Minutes 2. Warrants/Bills for November 19, 2024 (Exhibit A) COUNTY DITCH 43 – ACCEPT AMENDMENTS TO EXHITIT B OTTER TAIL COUNTY RESOLUTION NO. 2024-101 WHEREAS, The Otter Tail County Board is the Drainage Authority for Otter Tail County Ditch No. 43; and WHEREAS, the Drainage Authority ordered the redetermination of benefits for County Ditch No. 43 on the 9th day of April 2024 and appointed 3 ditch viewers; and WHEREAS, the Drainage Authority ordered a public hearing for the redetermination of benefits and included “Exhibit B”, statement of benefits and damages on the 24th day of September 2024; and WHEREAS, during the preparation of Property Owner Reports, the Drainage Inspector noticed that buffer damage payments were calculated using an area larger than the required 16.5’ and made corrections in “Exhibit B” to reflect the corrected buffer area, and addition of the adjacent benefitted lands. NOW THEREFORE BE IT RESOLVED THAT, “Amended Exhibit B” replace “Exhibit B” in the redetermination of benefits proceedings, with approval. The motion for the adoption of the foregoing resolution was introduced by Commissioner Johnson, duly seconded by Commissioner Lahman and, after discussion thereof and upon vote being taken thereon, passed unanimously. Adopted at Fergus Falls, MN this 19th day of November 2024. Drainage Authority Meeting Minutes November 19, 2024 Page 2 of 4 OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: December 3, 2024 By: _________________________________________ Attest: ______________________________ Kurt Mortenson, Board of Commissioners Chair Nicole Hansen, Clerk DITCH 27 – CULVERT ADDITION Motion by Bucholz, second by Rogness and unanimously carried to approve the installation of an approach and dual 18-inch culvert along County Ditch 27 in Paddock Township, Parcel No. 48000020014001, at the expense and future replacement of the property owner. RINKE NOONAN RATE INCREASE Drainage Inspector Colby Palmersheim informed the Drainage Authority that the Rinke Noonan Law Firm hourly rates for legal services will be increasing in 2025 due to administrative and inflation cost adjustments. RECESS & RECONVENE At 12:20 p.m., Chair Mortenson declared the meeting of the Otter Tail County Board of Commissioners recessed for a short break. The Board of Commissioners meeting was reconvened at 12:30 p.m. PUBLIC HEARING Drainage Inspector Colby Palmersheim provided background and outlined all the proceedings and findings regarding the redetermination of benefits for County Ditches 13 and 19. Palmersheim presented the redetermined benefits roll for both ditches as separate systems and as combined systems. At 12:34 p.m., Chair Mortenson opened the Public Hearing for comments regarding the consolidation of County Ditches 13 and 19. One property owner had questions regarding property benefits as redetermined versus consolidated. Drainage Inspector Colby Palmersheim explained individual parcel benefits compared to the system benefits. Another property owner had questions about current ditch account deficits, where the deficits came from, and what work is being proposed. The Drainage Authority encouraged property owners with questions unrelated to the consolidation and future administration of the systems to reach out to the Drainage Inspector separately from the Public Hearing. The Public Hearing was closed at 12:43 p.m. FINDINGS AND ORDER GRANTING CONSOLIDATION OF DRAINAGE SYSTEMS Motion by Johnson, second by Rogness to adopt the Findings and Order Granting Consolidation of Drainage Systems pertaining to County Ditch 13 and County Ditch 19. After discussion thereof, and upon vote being taken thereon, the motion passed on a roll call vote as follows: BOARD OF COMMISSIONERS YEA NAY ABSENT ABSTAIN Dan Bucholz x Wayne Johnson x Kurt Mortenson x Bob Lahman x Lee Rogness x Drainage Authority Meeting Minutes November 19, 2024 Page 3 of 4 ADJOURNMENT At 12:49 p.m., Chair Mortenson declared the Otter Tail County Drainage Authority meeting adjourned. The next Drainage Authority meeting will immediately follow the next regular Board meeting on Tuesday, December 3, 2024, at the Government Services Center in Fergus Falls and via livestream. OTTER TAIL COUNTY BOARD OF COMMISSIONERS Dated: December 3, 2024 By: _________________________________________ Attest: _______________________________ Kurt Mortenson, Board of Commissioners Chair Nicole Hansen, Clerk Drainage Authority Meeting Minutes November 19, 2024 (Exhibit A) Page 4 of 4 Vendor Name ARVIDSO N/ElJGENE BARRETT AGRI INC DENBROOK/GARY FERGUS FALLS DAILY JOURNAL MN DEPT OF NATURAL RESOlJRCES-Of,j NELSONIMIKE OTTER TAIL CO TREASURER PAUL HAARSTAD EXCAVATING LLC RINKE NOONAN LAW FIRM VERIZON WIRELESS WIEBE/JEFFREY JON Final Total: Amount 457.50 40.58 290.00 184.61 400.00 1,400.00 38.3.34 8,838.94 524.00 40.01 290.00 12,848.98 COMMISSIONER'S VOUCHERS ENTRIES11/27/2024 csteinbach Y N D 4 N 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?: Paid on Behalf Of Name Explode Dist. Formulas?: 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 11:12:34AM r.:1 INTtGRATCO 11:;:.1 FINANCIAL SYSTEMS COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 11:12:34AM11/27/2024 csteinbach County Ditch Fund Copyright 2010-2024 Integrated Financial Systems 22-622-000-0644-6369 650.00 BEAVER TRAPPING DITCH 44 11/8/24 Miscellaneous Charges 1 Y 22-622-000-0612-6369 381.74 BEAVER TRAPPING DITCH 12 11/19/24 Miscellaneous Charges 2 Y 22-622-000-0610-6369 1,592.00 VIEWER FEES SEP 2024 1971 Miscellaneous Charges 3 N 22-622-000-0611-6369 692.52 VIEWER FEES SEP 2024 1971 Miscellaneous Charges 4 N 22-622-000-0631-6369 12,043.48 VIEWER FEES SEP 2024 1971 Miscellaneous Charges 5 N 22-622-000-0610-6369 1,592.00 VIEWER FEES OCT 2024 1986 Miscellaneous Charges 6 N 22-622-000-0631-6369 12,043.48 VIEWER FEES OCT 2024 1986 Miscellaneous Charges 7 N 22-622-000-0625-6369 1,317.50 R005197-0041 DITCH 25 REPAIR 73695 Miscellaneous Charges 8 N 22-622-000-0605-6369 549.50 DEMO BEAVER DAMS DITCH 5/68/36 11/24/24 Miscellaneous Charges 10 Y 22-622-000-0613-6369 549.50 DEMO BEAVER DAMS DITCH 13 11/24/24 Miscellaneous Charges Ditch #13 9 Y 22-622-000-0629-6369 549.50 DEMO BEAVER DAMS DITCH 29 11/24/24 Miscellaneous Charges 11 Y 22-622-000-0608-6369 10,644.20 7603 FEET OF DITCHING 24034 Miscellaneous Charges 12 N 22-622-000-0604-6369 950.00 BEAVER TRAPPING DITCH 4 11/10/24 Miscellaneous Charges 16 Y 22-622-000-0605-6369 1,250.00 BEAVER TRAPPING DITCH 5/68/36 11/10/24 Miscellaneous Charges 13 Y 22-622-000-0605-6369 400.00 BEAVER TRAPPING DITCH 5/68/36 11/10/24 Miscellaneous Charges 14 Y 22-622-000-0613-6369 1,100.00 BEAVER TRAPPING DITCH 13 11/10/24 Miscellaneous Charges Ditch #13 15 Y 16114 FRIEDSAM/KEITH 650.0016114 16978 GEERDES/GREG 381.7416978 17387 H2OVER VIEWERS LLC 27,963.4817387 5835 HOUSTON ENGINEERING INC 1,317.505835 16806 LAKES AREA BLASTING LLC 1,648.5016806 17535 MIDWEST EXCAVATING INC 10,644.2017535 16463 OLSON/TYLER 3,700.0016463 Page 2Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 1 Transactions 1 Transactions 5 Transactions 1 Transactions 3 Transactions 1 Transactions 4 Transactions FRIEDSAM/KEITH GEERDES/GREG H2OVER VIEWERS LLC HOUSTON ENGINEERING INC LAKES AREA BLASTING LLC MIDWEST EXCAVATING INC OLSON/TYLER Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES Account/Formula 11:12:34AM11/27/2024 csteinbach County Ditch Fund Copyright 2010-2024 Integrated Financial Systems 22-622-000-0613-6369 2.25 FINANCE CHARGE FOR INV2406121 FC-1604 Miscellaneous Charges Ditch #13 17 N 22-622-000-0619-6369 2.26 FINANCE CHARGE FOR INV2406122 FC-1604 Miscellaneous Charges 18 N 70 PARKERS PRAIRIE INDEPENDENT LLC/THE 4.5170 46,309.93 Page 3Audit List for Board Account/Formula Description Rpt Invoice #Warrant DescriptionVendorName 1099 Paid On Bhf #Accr Amount On Behalf of NameNo.Service Dates 2 Transactions Final Total ............8 Vendors 18 Transactions PARKERS PRAIRIE INDEPENDENT LLC/THE Otter Tail County Auditor COMMISSIONER'S VOUCHERS ENTRIES11:12:34AM11/27/2024 csteinbach County Ditch Fund Copyright 2010-2024 Integrated Financial Systems Page 4Audit List for Board Otter Tail County Auditor Amount 46,309.93 County Ditch Fund 22 46,309.93 NameFundRecap by Fund All Funds Total Approved by,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MEMORANDUM TO: Board of Commissioners; Otter Tail County Drainage Authority FROM: Colby Palmersheim, Drainage Inspector DATE: December 3, 2024 SUBJECT: County Ditch 51 Tiling Violations CC: County Attorney Michelle Eldien Information: DRAINAGE SYSTEMS SOS South Court Street, Suite 1 Fergus Falls, MN 56537 On November 8, 2024 at approximately 10:30 am, I, Drainage Inspector Colby Palmersheim, was contacted by Jonah Olson from the West Otter Tail Soil and Water Conservation District. Mr. Olson informed me that he was doing buffer inspections in Lida Township in the area section #18, PIN: 37000180092000, belonging to Casey Restad. While on the parcel, Mr. Olson stated he observed spoil piles and tiling work underway. I was asked if there was any approval for Mr. Restad to tile the open channel county ditch through his parcel. Mr. Restad has not been giving permission to do this, has not requested to do it, nor requested for it to be done. There had also not been any sort of improvement process nor petition submitted for this to be done. Mr. Olson stated he would have a stop work order issued by Law Enforcement, and begin investigating this potential violation through the TEP panel. Mr. Olson later sent me photos of the areas in questions. Additional information will be updated when available. Recommendations: Wait until the TEP panel recommendations are available and send Mr. Restad a notice to return the ditch to remove the tile as soon as possible or show the board why the obstruction should not be removed, under Minn. Stat. §103E.075. Mr. Restad could also petition the drainage authority for a drainage system improvement and begin improvement proceedings. 218-998-8470 @ OTTER TAIL COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER @ ottertailcounty.gov LIVE YOUR best life HERE. ------------------, Wut OU.Tall Soil and Water Casey Restad Lida 18 Wetland/Ditch excavation Maps and data are to be used for reference purposes only. Otter Tail County, Minnesota, along with the West Otter Tail SWCD, is not responsible for any inaccuracies herein contained. The information on cadastral maps is used to locate, identify and inventory parcels of land in Otter Tail County and is NOT to be construed or used as a legal description. m ~ DEPARTMENT OF 11 NATURAL RESOURCES November 21, 2024 Otter Tail County Drainage Authority c/o Colby Palmersheim 505 South Court Street, Suite 1 Fergus Falls, MN 56537 RE: Amended Repair Proposal for Otter Tail County Ditch #25 Mr. Palmersheim: ECOLOGICAL & WATER RESOURCES 1509 1st Ave. North Fergus Falls, MN, 56537 This letter is in response to your letter dated 10/22/2024 and the amended technical memorandum from the drainage engineer, dated 10/11/2024, for the proposed repair of a reach of Otter Tail County Ditch #25 (ditch} in Sections 8 and 18 of T136N R40W (Edna Township} Otter Tail County. Several public waters are in the vicinity of the proposed repair, including Public Water Basin 56-333P, through which a portion of the repair would occur. The original repair proposal included excavation to the as-constructed and subsequently improved conditions (ACSIC} ditch grade from Sta. 6250-6750, a reach of the ditch that runs mainly through upland or forested wetland. It was found that this would partially drain the northern portion of 56-333P by approximately 0.9 feet. To reduce this drainage impact, the drainage authority amended the repair proposal for the reach-limiting ditch bottom excavation to vegetation and associated root mass, not to exceed 4-6 inches in depth. The finished bottom width and side slopes would be 4 feet and lH:lV, respectively. In the letter dated 10/22/2024, the drainage authority stated the following: The County has determined that the repair will not substantially affect Public Waters and therefore, per Minn. Stat. §103E245 Subd. 2, no Public Waters permit is required. This 1etter represents the County seeking concurrence from the DNR on the County Ditch #25 repairs. Work is anticipated to be completed prior to 2025. The DNR would like to clarify that it is responsible for determining impacts on public waters and corresponding permitting or permission requirements. The DNR has determined that the proposed repair is subject to Minnesota Statutes, section 103E.011, subd. 3 because it will "lower the level of public waters" and "drain any portion of a public water." Therefore, permission from the Commissioner is required. The proposed repair is exempt under Minnesota Statutes, section 103G.245, subd. 2 (2) because it will not substantially affect public waters due to the design changes. Thus, for the purposes of this proposed repair only, DNR permission is required and hereby granted. Minnesota Department of Natural Resources • Ecological & Water Resources 1509 ist Ave. North Fergus Falls, MN, 56537 .....,_., DEPARTMENT OF 111 1 NATURAL RESOURCES ECOLOGICAL & WATER RESOURCES 1509 1st Ave. North Fergus Falls, MN, 56537 Thank you for your patience during the review and decision-making process. If you have questions regarding the information in this letter, please follow up with me at (218) 770-1480 or ryan.bjerke@state.mn.us. Thank you for your prompt attention to this matter. Sincerely, Nathan Kestner DNR EWR Region 1 Manager EC: Erik Anthonisen, DNR EWR Region 1 South District Manager Ryan Bjerke, DNR Area Hydrologist Minnesota Department of Natural Resources • Ecological & Water Resources 1509 l51 Ave. North Fergus Falls, MN, 56537 OTTER TAIL COUNTY DRAINAGE INSPECTOR'S REPORT (MN Statute 103E.065) DITCH SYSTEM: County Ditch #45 CONTACT OR Dennis Behnke PERSON 50745 130th St. REQUESTING THE 320-766-1016 REPAIR: DATE OF CONTACT: LOCATION: 11/21/2024 Section 23 Effington Township Pa e 1 of2 PROBLEM: Landowner has 80 ac. Tract that has ~2 ac. Inaccessible due to the ditch and the neighbor has been farming it. Would like a crossing point to allow for landowner access. FINDINGS AND ACTION: SIGNATURE: 130th St. has dual 36" pipes. No additional branches come between those pipes and the proposed crossing point. Wishing for a 12'-15' top. Landowner wished for 36" pipe, but it is recommended to use 42" or 48". Length will be surveyed later for appropriate slopping. Colby Palmersheim -Ditch Inspector DATE PRESENTED 12/3/2024 TO COUNTY DATE OF BOARD ACTION: BOARD: OTTER TAIL COUNTY DRAINAGE INSPECTOR'S REPORT (MN Statute 103E.065) CONTRACTOR Landowner cost. NAME AND ADDRESS: COST: CONTRACTOR PER HOUR COMPLETION Will not be completed until spring 2025 DATE: Pa~e 2 of2