9:30 a.m. - judicial ditch no. 12 in nobles and murray counties- 10

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FIRST DISTRICT SECOND DISTRICT THIRD DISTRICT Marvin Zylstra Gene Metz Matt Widboom FOURTH DISTRICT FIFTH DISTRICT Robert Demuth Jr. Donald Linssen “In cooperation with our citizens, we improve the quality of life for individuals families and communities by fostering a healthy economy and environment.” “Looking forward with purpose” COUNTY BOARD - PROPOSED AGENDA TUESDAY, SEPTEMBER 20, 2016, 9:00 A.M. 1.0 Call to Order (9:00 a.m.) 2.0 Pledge of Allegiance 3.0 Approval of Agenda (Action) 4.0 Recognition 4.1 Visitors & Guests Welcome 5.0 Consent Agenda (Action) Page 3 5.1 September 6, 2016 Regular Meeting Minutes Page 6 5.2 Meetings & Conferences - Travel Expenses 5.3 Auditor’s and Commissioner’s Warrants Page 8 A. Accounts Payable Summary Page 151 B. Audit List of Warrants 6.0 Department Presentations 6.1 Public Works A. Environmental Services – Wayne Smith (9:05 a.m.) Page 9 1. Conditional Use Permit 25-2016 (Action) Henning Construction, Adrian MN B. Highway – Stephen Schnieder (9:08 a.m.) Page 12 1. Park Board Membership Appointment (Action) 9:30 a.m. - Judicial Ditch No. 12 in Nobles and Murray Counties- Public Meeting (Murray County participating via ITV per Minnesota Statute 13D.02) Page 21 A. JD#12 Maintenance Concerns (Action) 10:00 a.m. - County Ditch No. 11 in Nobles Informational Meeting Page 22 A. Redetermination of Benefits Report for CD#11 (Information) BOARD OF COMMISSIONERS Phone: 507-295-5201 Fax: 507-372-8363 [email protected] 315 Tenth Street P.O. Box 757 Worthington, MN 56187-0757

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Page 1: 9:30 a.m. - Judicial Ditch No. 12 in Nobles and Murray Counties- 10

FIRST DISTRICT SECOND DISTRICT THIRD DISTRICT

Marvin Zylstra Gene Metz Matt Widboom

FOURTH DISTRICT FIFTH DISTRICT

Robert Demuth Jr. Donald Linssen

“In cooperation with our citizens, we improve the quality of life for individuals

families and communities by fostering a healthy economy and environment.”

“Looking forward with purpose”

COUNTY BOARD - PROPOSED AGENDA TUESDAY, SEPTEMBER 20, 2016, 9:00 A.M.

1.0 Call to Order (9:00 a.m.)

2.0 Pledge of Allegiance

3.0 Approval of Agenda (Action)

4.0 Recognition 4.1 Visitors & Guests Welcome

5.0 Consent Agenda (Action)

Page 3 5.1 September 6, 2016 Regular Meeting Minutes Page 6 5.2 Meetings & Conferences - Travel Expenses 5.3 Auditor’s and Commissioner’s Warrants Page 8 A. Accounts Payable Summary Page 151 B. Audit List of Warrants

6.0 Department Presentations

6.1 Public Works A. Environmental Services – Wayne Smith (9:05 a.m.)

Page 9 1. Conditional Use Permit 25-2016 (Action)

Henning Construction, Adrian MN B. Highway – Stephen Schnieder (9:08 a.m.) Page 12 1. Park Board Membership Appointment (Action)

9:30 a.m. - Judicial Ditch No. 12 in Nobles and Murray Counties-

Public Meeting (Murray County participating via ITV per Minnesota Statute 13D.02) Page 21 A. JD#12 Maintenance Concerns (Action)

10:00 a.m. - County Ditch No. 11 in Nobles – Informational Meeting Page 22 A. Redetermination of Benefits Report for CD#11 (Information)

BOARD OF COMMISSIONERS

Phone: 507-295-5201 Fax: 507-372-8363

[email protected]

315 Tenth Street P.O. Box 757 Worthington, MN 56187-0757

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Page 31 6.2 Community Services – Stacie Golombiecki (11:00 a.m.) Page 32 A. 2016 Group Residential Housing Agreements (Action) Page 98 B. 2016 WIC Management Evaluation Highlights and overview of WIC program

in Nobles County (Information)

Page 100 7.0 Administration Presentation – Tom Johnson (11:25 a.m.)

Page 101 7.1 County Veterans Service Office Operational Enhancement Grant – Resolution 201647 (Action)

Page 118 7.2 FY2017 Snowmobile Maintenance Grant Agreement (Action)

Page 119 7.3 2016 Boards, Committees & Commissions – Citizen Appointment (Action)

7.4 2017 Budget Page 126 A. Preliminary Budget Highlights (Information) Page 130 B. 2017 Not To Exceed Levy (Action) Page 100 C. 2017 Budget Public Meeting (Action)

8.0 Inter-Agency Reports / Announcements (Information) 8.1 Committee and Board Reports

A. District I - Marvin Zylstra B. District II - Gene Metz C. District III - Matt Widboom D. District IV - Robert Demuth Jr. E. District V - Donald Linssen F. Management Team – Kathleen Kusz G. County Administrator – Tom Johnson

Page 139 8.2 Correspondence Page 149 8.3 Calendar

9.0 Other / Future Business

Board Work Session

Wednesday, September 28th, 2016 8:30 a.m. Executive Conference Room, 318 9th Street, Worthington MN

10.0 Adjournment

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“In cooperation with our citizens, we improve the quality of life for individuals,

families and communities by fostering a healthy economy and environment.”

“Looking forward with purpose” TO: Board of Commissioners FROM: Tom Johnson, County Administrator DATE: September 15, 2016 SUBJECT: Accounts Payable

Consider authorizing payment of the following:

Auditor’s Warrants:

August 31, 2016 ................................................................................................$91.00

September 1, 2016 ................................................................................................$29,974.20

September 2, 2016 ................................................................................................$2,398.52

September 6, 2016 ................................................................................................$1,747.67

September 7, 2016 ................................................................................................$1,748.25

September 8, 2016 ................................................................................................$1,522,263.46

September 9, 2016 ................................................................................................$21,032.99

September 12, 2016 ................................................................................................$12,160.07

Commissioners’ Warrants:

General Fund ................................................................ $67,894.86

Public Works Fund ................................................................$70,007.81

Community Services Administration

September 13, 2016 ................................................................$26,512.46

Community Services Social Services

September 1, 2016 ................................................................ $4,727.70

September 8, 2016 ................................................................$22,397.06

ADMINISTRATION INTEROFFICE

MEMORANDUM

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Attachment 5.3 A.
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“In cooperation with our citizens, we improve the quality of life for individuals,

families and communities by fostering a healthy economy and environment.”

COMMISSIONER BRIEFING

HENNING CONSTRUCTION, ADRIAN, MN, CUP 25-2016

Environmental Services Wayne Smith

3 minutes

Issue: Henning Construction, Adrian, MN, Dave Vander Kooi, Landowner a conditional use permit for excavation of materials in excess of 500 cubic yards. Public hearing is required under Section 508 Mining and Excavating of the Nobles County Land Use Ordinance. This parcel of land is located in Gov’t Lots 1,2,3 & 4 & N 10 Acres of S ½ NE 1/ 4 exc. 20 acres of Lot 1 & exc. 6.3 Acres of Lot 4, Section 3, Twp. 101 Range 40, Bigelow Township Discussion: See attached documents Options: Deny, approve as recommended by Planning and Zoning Commission, approve and make modifications, return to Planning Commission for further review. Recommendation: Approval of the request of Henning Construction, Adrian, MN, Dave Vander Kooi, Landowner a conditional use permit for excavation of materials in excess of 500 cubic yards with the following conditions: 1.) Dust control measure must be taken which may include but are not limited to slowing down of trucks hauling, being aware of wind direction and possibly taking an alternate route, applying water or other approved dust control substance. 2.) Signage indicating trucks hauling must be used on the project route; 3.) The township roads that are used must be returned to the current condition. This parcel of land is located in Gov’t Lots 1,2,3 & 4 & N 10 Acres of S ½ NE 1/ 4 exc. 20 acres of Lot 1 & exc. 6.3 Acres of Lot 4, Section 3, Twp. 101 Range 40, Bigelow Township.

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1

NOBLES COUNTY PLANNING AND ZONING MINUTES September 7, 2016 MEMBERS PRESENT: John Penning, Richard Schlichte, Coleen Gruis, Robert DeMuth, Ronald Ozman, Larry Boots, Duane Schimitz, Steve Brake MEMBERS ABSENT: Gerry Erstad, Dave Thier MEMBERS EXCUSED: Mike Hoeft OTHERS PRESENT: Wayne Smith, Kathy Henderschiedt, applicants and interested parties.

Agenda was approved as presented. Minutes to the August 24, 2016 were approved as written. HENNING CONSTRUCTION, ADRIAN, MN CUP 25-2016 Wayne Smith read the request of Henning Construction, Adrian, MN, Dave Vander Kooi, Landowner a conditional use permit for excavation of materials in excess of 500 cubic yards. Public hearing is required under Section 508 Mining and Excavating of the Nobles County Land Use Ordinance. This parcel of land is located in Gov’t Lots 1,2,3 & 4 & N 10 Acres of S ½ NE 1/ 4 exc. 20 acres of Lot 1 & exc. 6.3 Acres of Lot 4, Section 3, Twp. 101 Range 40, Bigelow Township Ryan Henning – Henning Construction has been awarded the contract by the City of Worthington to haul in fill to the Busse Soccer Fields. Dave Vander Kooi has a field with a high knob close to town. We will push back the top soil, haul the clay to Busse Fields then replace the top soil. This will make a better farm field for Mr. Vander Kooi. Kathy Henderschiedt – I have received a few calls wondering what was going to be constructed, Once I explained there is no new construction, just soil excavation their only concern was the road. The road is narrow, between two ponds and gets soft when there is excessive rain. They wanted to make sure the road is maintained and left in at a minimum the same conditions it is before the project starts. Mr. Henning – We have contacted Worthington and Bigelow Townships and have written agreements with them stating they will leave the road in the same or better condition. These agreements are on file. We have also taken pictures as the roads look today to ensure this. Mr. Boots – I noticed there is fresh gravel on the north part of the road, did you do this? Mr. Henning – no this must have been done by Worthington Township. Mr. Smith – Our biggest concern is safety of resident, dust control and road repair. Reclamation will not be an issue as they will create a better farm field when done. There were several sites such as this during the Highway 60 project and the farmers were able to farm the next season. I have received the Stormwater Pollution Plan that was submitted to the State of MN and the Okabena-Ocheda Watershed permit as well. Mr. Henning- we have contacted Buskerud in Dell Rapids for dust control. It is our intention to have dust control put down 500’ from Highway 60 to the south. We are not sure when that will be done, depends on the weather; we all know it does not take much dry weather to create a lot of dust. Until such time as the dust control is in place we will use water trucks. Mr. DeMuth – will you be using both Palm Avenue and 280th Streets? 1000 truckloads one way means 2000 trucks in and out. Mr. Schimitz – what is the timeline?

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Mr. Henning – We will only be using Palm Avenue; the access to the site will be directly south of the gun range with the trucks going strait north to Hwy 60, they will come back the same way. The contract with the City of Worthington has a completion date of middle of October, depending on weather. If we have good weather all the loads could be hauled in 6 weeks. The reclamation of the field will depend on the weather as well. Mr. DeMuth- will you use side or belly dump trailers? How many cubic yards do they hold? Mr. Ozman – how many trucks will be hauling? Mr. Henning- mostly will use side dumps, may use a couple belly dumps; typically a trailer can hold 17 ½ cu. yds. depending on the weight of the tractor/trailer combination. We are anticipating using 10 trucks, more if we can; this will depend on how long it takes to make a round and how fast they can be loaded. Troy Wietzema – there is a residential subdivision to the south and with school in session there will be busses transporting children. What are your typical hours of operation as there will be increased traffic with people getting to and from work and busses? Also concerned with the road getting soft we don’t want to lose the base that is there; the township has hauled in crushed concrete to help create that base. Mr. Smiith – perhaps it would be beneficial to have trucks hauling signs in place to help the local traffic as there is a subdivision to the south of this location and some of the residents may use this as their way home. This was done in Graham Lakes and worked well. Mr. Henning – We generally work 7 am – 6:30 pm; makes good sense to have signs in place, we can do that. We are capable of hauling in crushed concrete if needed to maintain the base. After further discussion with all facts and opinions being presented a motion to approve with conditions was made by Robert DeMuth, Duane Schmitz seconded. Motion carried. THEREFORE BE IT RESOLVED, the Nobles County Planning Commission does hereby recommend approval of the request of Henning Construction, Adrian, MN, Dave Vander Kooi, Landowner a conditional use permit for excavation of materials in excess of 500 cubic yards with the following conditions: 1.) Dust control measures must be taken which may include but are not limited to slowing down of trucks hauling, being aware of wind direction and possibly taking an alternate route, applying water or other approved dust control substance. 2.) Signage indicating trucks hauling must be used on the project route; 3.) The township roads that are used must be returned to the current condition. This parcel of land is located in Gov’t Lots 1,2,3 & 4 & N 10 Acres of S ½ NE 1/ 4 exc. 20 acres of Lot 1 & exc. 6.3 Acres of Lot 4, Section 3, Twp. 101 Range 40, Bigelow Township. This request will be presented to the County Board at the September 20th meeting. A motion to adjourn was made by Bob Demuth, Dick Schlichte seconded. Motion carried. Respectfully submitted, Kathy Henderschiedt Environmental Assistant

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“In cooperation with our citizens, we improve the quality of life for individuals,

families and communities by fostering a healthy economy and environment.”

“Looking forward with purpose.”

COMMISSIONER BRIEFING

Park Board Membership Appointment Public Works

Stephen Schnieder Time needed: 10 Minutes

Issue: There are 6 members on the Park Board. At this time, one member has not been appointed for a term that began on February 1, 2016 and expires January 31, 2019. Representatives on the park board must be a resident of the commissioner’s district that they will represent. The Park Board has been operating with 4 members this year. Three people have applied for the Park Board. One of the applicants is within Commissioner Matthew Widboom’s District III which currently does not have an appointed representative on the park board. Discussion: Only a resident of the commissioners district can represent the district on the park board. Options: Appoint Roger Henning to the Park Board as a representative from District III, or reject this application and continue searching for more candidates. Recommendation: Appoint Roger Henning to the Park Board representing District III with his term expiring on January 31, 2019.

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2016 NOBLES COUNTY

BOARDS AND COMMITTEES

COMMUNITY SERVICES ADVISORY COMMITTEE: (15 members) (Terms are 2 yrs expiring December 31 - Not to Exceed 3 consecutive Terms) Deb Meyer, Worthington Provider Service/Health 2016 Vacant Provider Service/Health 2015 Vacant Provider Service/Health 2015 Vacant Consumer Representative/Health 2013 Vacant Provider Service/Human Service 2015 Scott Johnson, Sioux Falls Provider Service/Human Service 2016 Vacant Consumer Service/Health 2016 Jeff McNickle Consumer Representative/Human Service 2016 Vacant Consumer Representative/Human Service 2013 Vacant Consumer Representative/Human Service 2013 David Benson Corrections 2017 Vacant At Large/Health 2014 Pam Deuel At Large/Health 2017 Amna Bashir Arabi At Large/Human Service 2018 Vacant At Large/Human Service 2015

DEVELOPMENTAL ACHIEVEMENT CENTER:

(Terms 3 years expiring December 31) Stacie Golombiecki, Worthington 2018 Doug White, Fulda 2018 Paul Larson, Worthington 2018 Marcia LaVelle, Worthington 2016 Sally Ann Johnson, Worthington 2016 Dolores Ella, Worthington 2017 James Elsing (unexpired term) 2017

Amy Woitalewicz, Worthington 2017 Robert Demuth, Jr., Worthington(Representation as required by law)

EMERGENCY MANAGEMENT PLANNING ADVISORY COMMITTEE: (Terms 3 years expiring December 31)

OFFICERS: Jennifer Weg, Worthington (Health Care) Dec. 2018 Kent Wilkening, Worthington (Law Enforcement) Dec. 2018 Molly Getzel, Brewster (Hazardous Materials) Dec. 2018 Steve Schnieder, Worthington (Public Works) Dec. 2016 Terri Janssen, Worthington (Public Health) Dec. 2016 Nancy Veen (Public Safety Supervisor) Dec. 2016 Rick vonHoldt, Worthington (Fire Services) unexpired term Dec. 2017 David McNab, Brewster (Emergency Medical Services) Dec. 2017 Tom Johnson, Worthington (Government Administration) Dec. 2017 EX OFFICIO MEMBERS: Don Linssen (County of Nobles) Marv Zylstra (County of Nobles) Joyce Jacobs (Emergency Management)

Purple-Not eligible for reappt.

Green-Not interested in reappt.

Yellow-Interested in reappt.

Blue-Vacant

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EXTENSION COMMITTEE: (Terms 3 years expiring December 31)

Julie Buntjer, Worthington 2018 Thi Synavone, Worthington 2018 Joyce Soderholm, Worthington 2016 Brenda Baerenwald, Brewster 2016 Renee Bullerman, Adrian 2017 Kile Behrends, Worthington 2017 Matt Widboom, Worthington Marv Zylstra, Worthington Beth Van Hove, Auditor-Treasurer

(Six members at large, plus two County Commissioners and County Auditor, total 9 Voting Members.) HERON LAKE WATERSHED BOARD OF MANAGERS:

(Terms 3 years expiring February 14) Gary P. Ewert, Worthington (Nobles County) 2019 Bruce Leinen, Fulda (Nobles County) 2018 EX OFFICIO: Marv Zylstra, Worthington

JOINT AIRPORT ZONING BOARD: Appointed 3-22-11 (Indefinite term) Jim Arnt, Worthington Duane Schmitz, Brewster JOINT PLANNING COMMISSION (JT JURISDICTIONAL): (Terms 3 years expiring December 31) Tom Wiese, Round Lake (Lorain Twp.) 2018 Duane Schmitz, Brewster (Lorain Twp.) 2016 Matt Widboom, Worthington (County) 2017 Robert Demuth Jr., Worthington (County) 2018 Diane Graber, Worthington (City) 2016 Scott Nelson, Worthington (City) 2017 Dennis Selberg, Worthington (Wgtn. Twp.) 2018 Troy Wietzema, Worthington (Wgtn. Twp.) 2016 (Eight members, two from each local unit of government. Ex-officio members: Co. Planning & Zoning Administrator, City Planning & Zoning Administrator and County Attorney) JOINT POWERS TRANSIT AUTHORITY:

Donald Linssen, Worthington Marv Zylstra, Worthington County Administrator

KANARANZI-LITTLE ROCK WATERSHED BOARD OF MANAGERS:

(Terms 3 years expiring October 7) Coleen Gruis, Rushmore (Nobles County) 2017 Jerry Brake, Wilmont (Nobles County) 2017 Layton Gruis, Adrian (Nobles County) 2018 Tim Taylor, Adrian (Nobles County) 2019 EX OFFICIO: Gene Metz, Lismore

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LIBRARY BOARD: (Terms 3 years expiring June 30)

Katherine Craun, Worthington (District 5) 2019 Peg Faber, Adrian (At-large) 2019 Rita Domagala, Adrian (District 2) 2017 Susan Hansberger, Worthington (District 4) 2018 Charlene Wintz, Round Lake (District 1) 2018 Mary Larson, Worthington (District 3) 2018 Katherine Craun, Worthington (District 5) 2019 Peg Faber, Adrian (At-large) 2019 Gene Metz, Lismore (At-large)

(One member from each Commissioner District plus two members appointed at large. Members may serve 3 – 3 year terms) OKABENA-OCHEDA WATERSHED BOARD OF MANAGERS:

(Terms 3 years expiring October 31) Rolf Mahlberg, Worthington 2016 Jeff Rogers, Worthington 2017 Casey Ingenthron, Worthington 2017 Lester Johnson, Worthington 2018 Jay Milbrandt, Worthington 2018 EX OFFICIO: Robert Demuth, Jr., Worthington

PARK BOARD:

(Terms 3 years expiring January 31) Steve Prins, Worthington (At-large) 2019 Vacant (District III) 2016 Tom Ahlberg, Worthington (District IV) 2017 Gary Hibma, Brewster (District I) 2017 Milo Hawkinson, Worthington (District IV) 2018 Jeff McNickle, Worthington (District V) 2018 EX OFFICIO: Donald Linssen, Worthington

(One from each Commissioner District plus one member appointed at large) PERSONNEL BOARD OF APPEALS:

(Terms 3 years expiring December 31) Jenny Andersen, Worthington 2018 Scott Hain, Worthington (unexpired term) 2016 Katie Meyer, Worthington 2017

PLANNING ADVISORY COMMISSION:

(Terms 3 years expiring December 31) Ronald Ozmun, Worthington (District IV) 2018 John Penning, Wilmont (District II) 2018 Duane Schmitz, Brewster (District I) 2018 Michael Hoeft, Reading (District I) 2016 Gerald Erstad, Worthington (District IV) 2016 Steve Brake, Wilmont (District II) 2016

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PLANNING ADVISORY COMMISSION: (continued)

Larry Boots, Worthington (District IV) 2016 David Thier, Rushmore (District III) 2017 Richard Schlichte (District IV) 2017 Coleen Gruis 2017 Robert Demuth Jr., Worthington (Commissioner)

(Ex Officio Members: County Attorney and Zoning Officer) (Shall consist of 11 members of which two shall be appointed from each Commissioner District and one shall be a County Commissioner.) REVOLVING LOAN FUND REVIEW COMMITTEE: (Terms 2 years expiring August 31)

Jim Nickel, Worthington (Citizen) 2017 James Elsing, Worthington (Citizen) 2018 Raymond Konz, Adrian State Bank (Financial Institution-Greater Nobles Co.) 2017 Doug Tate, Worthington Federal (Financial Institution-Worthington) 2018 (EX OFFICIO: WREDC Manager, CHAIR: County Administrator, 2 – Commissioners 2 - WREDC Appts,

ROCK-NOBLES COMMUNITY CORRECTIONS EXECUTIVE BOARD (Terms 3 years expiring January 31)

Robert Demuth, Jr., Worthington (Commissioner) Matt Widboom, Worthington (Commissioner) Mike Harmon, Worthington (Public) 2018 David Benson, Bigelow (Public) 2018

(Members 4 from Nobles and 3 from Rock) SOUTHWESTERN MENTAL HEALTH CENTER - BOARD OF DIRECTORS

(Terms 3 years expiring December 31) David Benson 2018 Matt Widboom, Worthington, Commissioner Robert Demuth, Jr., Worthington, Commissioner

TRAVEL SOUTHWEST MINNESOTA, INC:

(Terms 3 years expiring December 31) Nancy Vaske, Worthington 2018 Darlene Macklin, Worthington 2016 Roxann Polzine, Brewster 2017

ZONING BOARD OF APPEALS:

(Terms 3 years expiring December 31) Bruce Lease, Worthington (District IV) 2018 Paul Schilling, Worthington (District IV) 2018 Duane Schmitz, Brewster (District I) 2016 Byron Swart, Worthington (District I) 2017 Brent Feikema, Lismore (unexpired term) (District II) 2017

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Page 5 Revised 9/06/2016

NOT APPOINTED BY THE COUNTY: NOBLES COUNTY FAIR ASSOCIATION:

OFFICERS: Lynn Darling, President Ron McCarvel, Vice President

Karla Talsma, Secretary

BOARD OF DIRECTORS: Harold Wietzema Jim Kramer, Jr. Tommy Thompson Corey Gronewold Tom Bullerman Randy Bullerman Scott Rose

NOBLES COUNTY HISTORICAL SOCIETY:

OFFICERS: Jacoba Nagel, President Marvin Luinenburg, Vice President Margaret Erickson, Secretary Art Frame, Treasurer

BOARD OF DIRECTORS: David Benson Shari Nelson Eldon Kruse Gene Metz Al Langseth

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“In cooperation with our citizens, we improve the quality of life for individuals,

families and communities by fostering a healthy economy and environment.”

COMMISSIONER BRIEFING

September 20, 2016 JD #12 Maintenance concerns

Auditor – Treasurer Beth Van Hove Time needed (10 minutes)

Issue: Based on a request from a landowner on Judicial Ditch #12, an outside engineering opinion was recommended. Discussion: Work to reduce an obstruction in a portion of JD#12 was completed early this Spring by the Nobles County Public Works Department. The landowner along the stretch of the cleanout has concerns about the resulting ditch, slopes and finish. Legal counsel to the Joint Ditch Authority recommends that the board consider having an engineering firm specializing in ditch planning and design review the section of ditch and recommend to the Joint Ditch Authority additional work that should be completed, if any, in response to the property owners concerns. Options:

1.) Contract at least two firms and ask them to observe the property and submit a proposal with costs, to the Joint Ditch Authority to address the property owners concerns.

2.) Take no action Recommendation: Staff recommends obtaining proposals from at least two firms to address the concerns of the property owners.

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Attachment for JD No. 12 Public Mtg
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Attachment for County Ditch No. 11 Informational Meeting
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TO: Nobles County Board of Commissioners

FROM: Stacie Golombiecki, Community Services Director DATE: September 13, 2016 SUBJECT: Item’s for Presentation on September 20, 2016 The following items will be presented by Tammy Crowell and Terri Janssen:

A. 2016 Group Residential Housing Agreements (Action)

B. 2016 WIC Management Evaluation Highlights and overview of WIC program in Nobles County (Info)

COMMUNITY SERVICES AGENCY

Phone: 507-295-5213 Fax: 507-372-5094

[email protected]

318 9th Street P.O. Box 189 Worthington, MN 56187-0189

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“In cooperation with our citizens, we improve the quality of life for individuals,

families and communities by fostering a healthy economy and environment.”

COMMISSIONER BRIEFING Group Residential Housing Agreements

Community Services Time needed – 10 minutes or less

Issue:

Group Residential Housing (GRH) is a state-funded income supplement program that pays for room-and-board costs for low-income adults who have been placed in a licensed or registered setting. Our agency’s eligibility workers determine individual client eligibility for this program and the agency signs an annual agreement with each provider of Group Residential Housing Service. The majority of these facilities in Nobles County are adult foster care homes. The monthly rate maximum per person available under this program is $891.00 per month which is a no increase over the 2015 rate.

Discussion:

The agreements our agency has for renewal at this time are:

• Adrian Country Living Cottages (Assisted Living)

• Client Community Services, Inc. (Adult Foster Care)

• Ecumen Meadows (Assisted Living)

• Golden Horizons, LLC (Assisted Living)

• Habilitative Services, Inc. (Adult Foster Care)

• New Dawn, Inc. (Adult Foster Care)

• Prairie House (Board and Lodge with Services)

• Unity House (Intensive Residential Treatment Services)

Options: The Department of Human Services requires our agency to maintain Group Residential Housing Agreements with providers of this service. Recommendation: I am recommending approval of the above named Group Residential Housing Agreements.

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Attachment 6.2 A.
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Placement Agreement

Between Nobles County Community Services Agency

And Adrian Country Living Cottage

Nobles County, by its Nobles County Community Services Agency, 318 9th

Street, P.O. Box

189, Worthington, MN 56187-0189, hereafter referred to as the Agency, and Adrian Country

Living Cottage, 200 West 7th

Street, Adrian MN 56110 hereafter referred to as the Provider,

enter into this Agreement.

WHEREAS, the Provider is an organization duly qualified and willing to provide board and

lodging to persons; and

WHEREAS, the Agency, pursuant to Minnesota Statutes, Sections 373.01, 373.02, 253B.045,

and Chapter 256M wishes to have a placement agreement with the Provider and facilitate

payment of group residential housing monies; and

NOW, THEREFORE, in consideration of the mutual understandings and agreements set forth,

the Agency and Provider agree as follows:

1. Provider’s Duties.

A. Board and lodge services will be provided for up to 20 people at 200 West 7th

Street,

Adrian MN 56110. All beds are subject to this Agreement.

B. Provider will maintain licensure with the Minnesota Department of Health as a board

and lodge facility. Provider will provide the Agency with a copy of the current license

on an annual basis.

C. For each resident (hereinafter “client”), the Provider will upon admission give a

description of the services to be provided and notice of client’s rights as determined

by license parameters and this Agreement. A copy of this document will be provided

to the client and to the Agency.

2. Cost and Delivery Services.

A. The rate for board and lodge services is set by the State of Minnesota and reviewed

on an annual basis. Any cost of living adjustments would be automatically applied to

this Agreement without being deemed to be a material change to the Agreement.

B. Group Residential Housing client assistance is determined on an individual client

basis according to state guidelines and eligibility administered by the Agency.

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2

3. Eligibility for Services.

A. The parties understand and agree that the eligibility of a potential client to receive

Group Residential Housing assistance is to be determined in accordance with

eligibility criteria established by the Group Residential Housing Program

administered by the Agency.

B. The parties understand and agree that preliminary and final client eligibility will be

determined by the Agency.

C. The Agency will notify the client and the Provider when it has been determined that

the client is no longer eligible to receive Group Residential Housing assistance.

4. Payment of Services.

A. The Provider will receive Group Residential Housing assistance payments monthly

from the State of Minnesota for clients who have applied for and have been found to

be eligible for Group Residential Housing assistance.

B. The Provider is responsible for billing the client for services not covered by this

Agreement.

C. Payments for temporary absences may not exceed 60 days per client per calendar

year. Payment to the Provider will continue for up to 18 calendar days per incident

that the client is temporarily absent if the absence has received prior approval from

the Agency. Prior Agency approval is not required if the temporary absence is due to

crisis, illness, or injury, but payment in such cases will also be limited to a maximum

of 18 days.

D. When an overpayment occurs, the Provider will make repayment to the Agency

within 30 days from the date the notice of overpayment was mailed by the Agency. If

the overpayment is not refunded to the Agency within 30 days, the Provider will

immediately be placed in a post pay status. Post pay status will be in place for a

minimum of 12 months. Following a minimum time frame of 12 months and proper

repayment of the overpayment, the Provider may petition the Designee for pre-pay

reinstatement.

5. Audit and Record Disclosure.

A. The Provider must allow personnel of the Agency, the Minnesota Department of

Human Services, and the U.S. Department of Health and Human Services, access to

the Provider’s facility and records at reasonable hours to exercise their responsibility

to monitor services.

B. The Provider must comply with all Minnesota Department of Health policies and

procedures related to their license.

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3

C. The Provider must comply with Agency, Minnesota Department of Human Services,

and Minnesota Department of Health corrections orders within their designated time

frames.

D. The Provider must maintain all records pertaining to the Agreement at the Provider

facility for six years for audit purposes, even after the termination of this Agreement.

6. Safeguard of Information

Neither party will disclose information concerning a client in violation of the Minnesota

Data Practices Act. Both parties will protect Individual Identifiable Health Information

(IIHI) protected under the Federal Health Insurance Portability and Accountability Act

(HIPPA) guidelines. Neither party will disclose any information regarding clients for any

purpose not directly connected with the administration of the Agency’s or the Provider’s

responsibility with respect to the services provided except as authorized in a written

consent of the affected the client, that client’s attorney, or the client’s responsible parent

or legal guardian, or responsible custodian.

The Provider shall establish permitted and required uses and disclosures and will:

A. Appropriately safeguard IIHI.

B. Report any misuse of IIHI.

C. Secure satisfactory assurances from any subcontractor.

D. Grant individuals access and ability to amend their IIHI.

E. Make available an accounting of disclosures.

F. Release applicable records to the Agency or Department of Human Services if

requested.

7. Equal Employment Opportunity and Civil Right and Nondiscrimination.

A. The Provider will comply with the Civil Rights Act of 1964, Title VII (42 USC

2000e); including Executive Order No. 11246, and Title VI (42 USC 2000d); and

the Rehabilitation Act of 1973, as amended by Section 504; Minnesota Statutes

§363A.02; and all applicable federal and state laws, rules, regulations, and orders

prohibiting discrimination on the basis of race, color, religion, age, gender, sexual

orientation, disability, marital status, public assistance status, creed or national

origin with regard to employment, facilities or services with relation to rendering

services provided under this Agreement.

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4

8. Fair Hearing and Grievance Procedures.

The Agency agrees to provide for a fair hearing and grievance procedure in conformance

with Minnesota Statute, section 256.045, and in conjunction with fair hearing and

grievance procedures established by Department of Human Services administrative rules.

9. Bonding, Indemnity and Insurance.

A. Bonding: The Provider will maintain at all times during the term of this Agreement a

fidelity bond or insurance coverage for employee dishonesty. A copy of the

Provider’s bond or insurance certificate shall be delivered to the Agency at the

beginning of the term of this Agreement and annually thereafter if this Agreement is

renewed. Failure to obtain or provide proof of the required coverage will be a basis

for termination of this Agreement or refusal to pay for service provided.

B. Indemnity: Provider will at all times, indemnify and hold harmless the Agency from

any and all liability, loss, damages, costs or expenses which may be claimed against

the Agency or Provider

1) By reason of any client’s suffering bodily or personal injury, death, or property

loss or damage either while participating in or receiving or during the

performance of services under this Agreement, or while on premises owned,

leased, or operated by the Provider, or while being transported to or from said

premises in any vehicle owned, operated by, chartered for or otherwise contracted

for the Provider or any officer, agent, or employee of the Provider,

2) By reason of any client causing injury to or damage to the property of another

person during any time when the Provider, the Provider’s employees, the

Provider’s assignees, or any employee of the Provider’s assignees has undertaken

or is furnishing services under this Agreement, or

3) By reason of any negligent act or omission or intentional act of the Provider, its

employees, agents, officers or assignees which cause bodily injury, death,

personal injury, property loss, or damage to another during the performance of

services provided under this Agreement.

C. Insurance: The Provider agrees at all times during the term of the Agreement, to have

and keep in force a professional liability insurance policy with a minimum coverage

amounts of $1,000,000 per occurrence and $3,000,000 annual aggregate with the

Agency named as an additional insured. Each certificate must include a 10 day notice

of cancellation, non-renewal, or material change to all named and the additional

insured.

D. Auditing: The Provider agrees that at the end of its fiscal year an audit will be

conducted by a certified public accounting firm. After completion of the Audit, a

copy of the Audit report will be filed with the Agency.

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5

10. Provider Debarment, Suspension, and Responsibility Certification.

Federal Regulation 45 CFR 92.35 prohibits the State/Agency from purchasing goods or

services with federal money for vendors who have been suspended or debarred by the

federal government. Similarly, Minnesota Statute, Section 16C.03, subdivision 2

provides the Commissioner of Administration with the authority to adopt rules to debar

and suspend vendors who seek to contract with the Agency. Vendors may be suspended

or debarred when it is determined, through a duly authorized hearing process, that they

have abused the public trust in a serious manner.

By signing this Agreement, the Provider certifies that it and its officers, directors,

owners, partners and persons having primary management or supervisory responsibilities

within a Provider’s business (i.e. it’s general manager; plant manager; head of a

subsidiary division or business segment and similar positions and employees):

A. Are not presently debarred, suspended, proposed for debarment, declared ineligible,

or voluntarily excluded from transacting business by or with any federal, state or local

governmental department or agency; and

B. Have not within a three-year period preceding this Agreement:

1) been convicted of or had a civil judgment rendered against them for commission

of fraud or a criminal offense in connection with obtaining, attempting to obtain

or performing a public (federal, state or local) transaction or contract;

2) violated any federal or state antitrust statutes; or

3) committed embezzlement, theft, forgery, bribery, falsification or destruction of

records, making false statements or receiving stolen property; and

C. Are not presently indicted or otherwise criminally or civilly charged by a

governmental entity for:

1) commission of fraud or a criminal offense in connection with obtaining,

attempting to obtain or performing a public (federal, state or local) transaction;

2) violating any federal or state antitrust statutes; or

3) committing embezzlement, theft, forgery, bribery, falsification or destruction of

record, making false statements or receiving stolen property; and

D. Are not aware of any information and posses no knowledge that any subcontractor(s)

that will perform work pursuant to this contract are in violation of any of the

certifications set for above.

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6

E. Shall immediately give written notice to the Agency through its director should

Provider come under investigation for allegation of fraud or a criminal offense in

connection with obtaining, or performing: a public (federal, state or local

government) transaction: violating any federal or state antitrust statutes; or

committing embezzlement, theft, bribery, falsification or destruction of records,

making false statements or stolen property.

11. Conditions of the Parties’ Obligations.

A. The parties agree that if the Agency fails to receive expected reimbursement from

state and federal sources sufficient to cover the cost of the services provided, the

Agency will terminate this Agreement.

B. This Agreement may be terminated by either party at any time, with or without cause,

upon 30 days’ notice in writing, delivered by mail or in person to the other party’s

designee.

C. The Agency may evaluate the performance of the Provider in regard to terms of this

Agreement to determine whether such performance merits renewal of this Agreement.

D. Any alterations, variations, modifications, or waivers of provisions of this Agreement

will be valid only when they have been reduced to writing, signed by both parties,

and attached to the original of this Agreement.

E. No claim for services furnished by the Provider other than those specifically provided

in the Agreement will be allowed by the Agency, nor must the Provider do any work

or furnish any material not covered by the Agreement, unless this is approved in

writing by the Agency and a written amendment made to this Agreement reflect the

change.

12. Subcontracting.

A. The Provider agrees not to enter into subcontracts for any work contemplated under

this Agreement without written approval of the Agency.

B. All subcontractors must be subject to and must meet all of the requirements of this

Agreement.

C. The Provider agrees to be responsible for the performance of any subcontractor to

ensure compliance to the Agreement and with the terms of this Agreement.

13. Independent Contractor

Nothing in this Agreement is meant to create or establish a co-partner relationship

between the Agency and the Provider. The Agency is and always remains an independent

contractor, and not an agent, representative or employee of the Provider. As an

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7

independent contractor, the Agency is not entitled to any of the rights, privileges or

benefits of employees of the Provider, including but not limited to worker’s

compensation, health/dental benefits, and indemnifications for third-party personal

injury/property damage claims.

14. Noncompliance.

A. If the Provider fails to comply with the provisions of this Agreement, the Agency

may seek any available legal remedy.

B. Either party must notify the other party within 30 days when having reasonable

grounds to believe that this Agreement has been or will be breached in a material

manner. The party receiving such notification will have 30 days, or any other such

period of time as mutually agreed to by the parties, to attempt cure the breach or

anticipatory breach before the complaining party can terminate the Agreement.

15. Limited English Proficiency Requirement.

All Agency Providers, grantees, licensees, and any other public or private individuals

and/or organizations that operate, provide service, or engage in health or social services

programs and activities on behalf of the Agency and receive federal funding, must

comply with the Title IV language access requirements.

The Provider agrees to comply with Federal Civil Rights Compliance requirements for

Title IV including a legal obligation to provide language assistance services to any

person(s) with Limited English Proficiency free of charge and in a timely manner during

all hours of operation.

16. Term of Agreement

A. The term of this Agreement will be from July 1, 2016 through June 30, 2017

regardless of the date of the signatures. However, this Agreement may be terminated

prior to that date as provided in this Agreement or by mutual agreement of the parties.

This Agreement may also be extended as provided below.

B. The parties agree that this Agreement will be automatically extended for an additional

period up to 90 calendar days from the end date of this Agreement in the event that a

new agreement between the parties is desired but has not been completed and

executed prior to the end date of this Agreement. The purpose of this extension is to

ensure that services will continue to be provided to service clients uninterrupted

during the negotiation of a new agreement. In the event that this Agreement is

extended pursuant to this clause, any change in fees contained in a subsequent

agreement may be made retroactive to the end date of this Agreement by mutual

agreement by the parties in the new agreement.

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17. Designees.

A. The designees listed below have the authority to bind the party they represent and

consent to modifications and subcontracts, except that, as to the Agency, the designee

will have only the authority specifically and generally granted by the Nobles County

Board of Commissioners. Notifications required to be provided pursuant to this

Agreement must be provided to the following named persons or their successors.

Each party will promptly notify the other in writing of any changes in its designee

and of that person’s contact information.

B. Notices to the Agency must be directed to

Nobles County Community Services Agency

Attn: Stacie Golombecki, Director

318 9th

Street, P.O. Box 189

Worthington, MN 56187

C. Notices to the Provider must be directed to

Adrian Country Living Cottage

Attn: Michelle Murphy

200 West 7th

Street

Adrian MN 56110

18. Entire Agreement.

It is understood and agreed that the entire Agreement of the parties is contained here and

that this Agreement supersedes all oral agreements and negotiations between the parties

relating to the subject matter thereof.

NOBLES COUNTY COMMUNITY ADRIAN COUNTRY LIVING COTTAGE

SERVICES AGENCY

By By____________________________

Chairperson, Nobles County Board Adrian Country Living Cottage

Date Date__________________________

By

Nobles County Administrator

Date

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1

Placement Agreement

Between Nobles County Community Services Agency

And Client Community Services Inc.

Nobles County, by its Nobles County Community Services Agency, 318 9th

Street, P.O. Box

189, Worthington, MN 56187-0189, hereafter referred to as the Agency, and Client Community

Services, Inc. PO Box 97, Worthington MN 56187 hereafter referred to as the Provider, enter

into this Agreement.

WHEREAS, the Provider is an organization duly qualified and willing to provide board and

lodging to persons; and

WHEREAS, the Agency, pursuant to Minnesota Statutes, Sections 373.01, 373.02, 253B.045,

and Chapter 256M wishes to have a placement agreement with the Provider and facilitate

payment of group residential housing monies; and

NOW, THEREFORE, in consideration of the mutual understandings and agreements set forth,

the Agency and Provider agree as follows:

1. Provider’s Duties.

A. All beds are subject to this Agreement. Board and lodge services will be provided at:

• 1060 Maplewood Drive, Worthington, MN 56187 (up to 4 persons)

• 921 7th

Ave, Worthington, MN 56187 (up to 4 persons)

• 1621 Fairway Lane, Worthington, MN 56187 (up to 4 persons)

• 1307 2nd

Ave, Worthington, MN 56187 (up to 4 persons)

• 1005 East 9th

Ave, Worthington MN 56187 (up to 4 persons)

• 404 Nobles St., Worthington MN 56187 (up to 3 persons)

• 604 14th

St., Worthington MN 56187 (up to 4 persons)

• 611 Leon Ave., Worthington MN 56187 (up to 4 persons)

B. Provider will maintain licensure with the Minnesota Department of Human Services.

Provider will provide the Agency with a copy of the current license on an annual

basis.

C. For each resident (hereinafter “client”), the Provider will upon admission give a

description of the services to be provided and notice of client’s rights as determined

by license parameters and this Agreement. A copy of this document will be provided

to the client and to the Agency.

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2

2. Cost and Delivery Services.

A. The rate for board and lodge services is set by the State of Minnesota and reviewed

on an annual basis. Any cost of living adjustments would be automatically applied to

this Agreement without being deemed to be a material change to the Agreement.

B. Group Residential Housing client assistance is determined on an individual client

basis according to state guidelines and eligibility administered by the Agency.

3. Eligibility for Services.

A. The parties understand and agree that the eligibility of a potential client to receive

Group Residential Housing assistance is to be determined in accordance with

eligibility criteria established by the Group Residential Housing Program

administered by the Agency.

B. The parties understand and agree that preliminary and final client eligibility will be

determined by the Agency.

C. The Agency will notify the client and the Provider when it has been determined that

the client is no longer eligible to receive Group Residential Housing assistance.

4. Payment of Services.

A. The Provider will receive Group Residential Housing assistance payments monthly

from the State of Minnesota for clients who have applied for and have been found to

be eligible for Group Residential Housing assistance.

B. The Provider is responsible for billing the client for services not covered by this

Agreement.

C. Payments for temporary absences may not exceed 60 days per client per calendar

year. Payment to the Provider will continue for up to 18 calendar days per incident

that the client is temporarily absent if the absence has received prior approval from

the Agency. Prior Agency approval is not required if the temporary absence is due to

crisis, illness, or injury, but payment in such cases will also be limited to a maximum

of 18 days.

D. When an overpayment occurs, the Provider will make repayment to the Agency

within 30 days from the date the notice of overpayment was mailed by the Agency. If

the overpayment is not refunded to the Agency within 30 days, the Provider will

immediately be placed in a post pay status. Post pay status will be in place for a

minimum of 12 months. Following a minimum time frame of 12 months and proper

repayment of the overpayment, the Provider may petition the Designee for pre-pay

reinstatement.

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3

5. Audit and Record Disclosure.

A. The Provider must allow personnel of the Agency, the Minnesota Department of

Human Services, and the U.S. Department of Health and Human Services, access to

the Provider’s facility and records at reasonable hours to exercise their responsibility

to monitor services.

B. The Provider must comply with all Minnesota Department of Health policies and

procedures related to their license.

C. The Provider must comply with Agency, Minnesota Department of Human Services,

and Minnesota Department of Health corrections orders within their designated time

frames.

D. The Provider must maintain all records pertaining to the Agreement at the Provider

facility for six years for audit purposes, even after the termination of this Agreement.

6. Safeguard of Information

Neither party will disclose information concerning a client in violation of the Minnesota

Data Practices Act. Both parties will protect Individual Identifiable Health Information

(IIHI) protected under the Federal Health Insurance Portability and Accountability Act

(HIPPA) guidelines. Neither party will disclose any information regarding clients for any

purpose not directly connected with the administration of the Agency’s or the Provider’s

responsibility with respect to the services provided except as authorized in a written

consent of the affected the client, that client’s attorney, or the client’s responsible parent

or legal guardian, or responsible custodian.

The Provider shall establish permitted and required uses and disclosures and will:

A. Appropriately safeguard IIHI.

B. Report any misuse of IIHI.

C. Secure satisfactory assurances from any subcontractor.

D. Grant individuals access and ability to amend their IIHI.

E. Make available an accounting of disclosures.

F. Release applicable records to the Agency or Department of Human Services if

requested.

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4

7. Equal Employment Opportunity and Civil Right and Nondiscrimination.

A. The Provider will comply with the Civil Rights Act of 1964, Title VII (42 USC

2000e); including Executive Order No. 11246, and Title VI (42 USC 2000d); and the

Rehabilitation Act of 1973, as amended by Section 504; Minnesota Statutes

§363A.02; and all applicable federal and state laws, rules, regulations, and orders

prohibiting discrimination on the basis of race, color, religion, age, gender, sexual

orientation, disability, marital status, public assistance status, creed or national origin

with regard to employment, facilities or services with relation to rendering services

provided under this Agreement.

8. Fair Hearing and Grievance Procedures.

The Agency agrees to provide for a fair hearing and grievance procedure in conformance

with Minnesota Statute, section 256.045, and in conjunction with fair hearing and

grievance procedures established by Department of Human Services administrative rules.

9. Bonding, Indemnity and Insurance.

A. Bonding: The Provider will maintain at all times during the term of this Agreement a

fidelity bond or insurance coverage for employee dishonesty. A copy of the

Provider’s bond or insurance certificate shall be delivered to the Agency at the

beginning of the term of this Agreement and annually thereafter if this Agreement is

renewed. Failure to obtain or provide proof of the required coverage will be a basis

for termination of this Agreement or refusal to pay for service provided.

B. Indemnity: Provider will at all times, indemnify and hold harmless the Agency from

any and all liability, loss, damages, costs or expenses which may be claimed against

the Agency or Provider

1) By reason of any client’s suffering bodily or personal injury, death, or property

loss or damage either while participating in or receiving or during the

performance of services under this Agreement, or while on premises owned,

leased, or operated by the Provider, or while being transported to or from said

premises in any vehicle owned, operated by, chartered for or otherwise contracted

for the Provider or any officer, agent, or employee of the Provider,

2) By reason of any client causing injury to or damage to the property of another

person during any time when the Provider, the Provider’s employees, the

Provider’s assignees, or any employee of the Provider’s assignees has undertaken

or is furnishing services under this Agreement, or

3) By reason of any negligent act or omission or intentional act of the Provider, its

employees, agents, officers or assignees which cause bodily injury, death,

personal injury, property loss, or damage to another during the performance of

services provided under this Agreement.

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5

C. Insurance: The Provider agrees at all times during the term of the Agreement, to have

and keep in force a professional liability insurance policy with a minimum coverage

amounts of $1,000,000 per occurrence and $3,000,000 annual aggregate with the

Agency named as an additional insured. Each certificate must include a 10 day notice

of cancellation, non-renewal, or material change to all named and the additional

insured.

D. Auditing: The Provider agrees that at the end of its fiscal year an audit will be

conducted by a certified public accounting firm. After completion of the Audit, a

copy of the Audit report will be filed with the Agency.

10. Provider Debarment, Suspension, and Responsibility Certification.

Federal Regulation 45 CFR 92.35 prohibits the State/Agency from purchasing goods or

services with federal money for vendors who have been suspended or debarred by the

federal government. Similarly, Minnesota Statute, Section 16C.03, subdivision 2

provides the Commissioner of Administration with the authority to adopt rules to debar

and suspend vendors who seek to contract with the Agency. Vendors may be suspended

or debarred when it is determined, through a duly authorized hearing process, that they

have abused the public trust in a serious manner.

By signing this Agreement, the Provider certifies that it and its officers, directors,

owners, partners and persons having primary management or supervisory responsibilities

within a Provider’s business (i.e. it’s general manager; plant manager; head of a

subsidiary division or business segment and similar positions and employees):

A. Are not presently debarred, suspended, proposed for debarment, declared ineligible,

or voluntarily excluded from transacting business by or with any federal, state or local

governmental department or agency; and

B. Have not within a three-year period preceding this Agreement:

1) been convicted of or had a civil judgment rendered against them for commission

of fraud or a criminal offense in connection with obtaining, attempting to obtain

or performing a public (federal, state or local) transaction or contract;

2) violated any federal or state antitrust statutes; or

3) committed embezzlement, theft, forgery, bribery, falsification or destruction of

records, making false statements or receiving stolen property; and

C. Are not presently indicted or otherwise criminally or civilly charged by a

governmental entity for:

1) commission of fraud or a criminal offense in connection with obtaining,

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6

attempting to obtain or performing a public (federal, state or local) transaction;

2) violating any federal or state antitrust statutes; or

3) committing embezzlement, theft, forgery, bribery, falsification or destruction of

record, making false statements or receiving stolen property; and

D. Are not aware of any information and posses no knowledge that any subcontractor(s)

that will perform work pursuant to this contract are in violation of any of the

certifications set for above.

E. Shall immediately give written notice to the Agency through its director should

Provider come under investigation for allegation of fraud or a criminal offense in

connection with obtaining, or performing: a public (federal, state or local

government) transaction: violating any federal or state antitrust statutes; or

committing embezzlement, theft, bribery, falsification or destruction of records,

making false statements or stolen property.

11. Conditions of the Parties’ Obligations.

A. The parties agree that if the Agency fails to receive expected reimbursement from

state and federal sources sufficient to cover the cost of the services provided, the

Agency will terminate this Agreement.

B. This Agreement may be terminated by either party at any time, with or without cause,

upon 30 days’ notice in writing, delivered by mail or in person to the other party’s

designee.

C. The Agency may evaluate the performance of the Provider in regard to terms of this

Agreement to determine whether such performance merits renewal of this Agreement.

D. Any alterations, variations, modifications, or waivers of provisions of this Agreement

will be valid only when they have been reduced to writing, signed by both parties,

and attached to the original of this Agreement.

E. No claim for services furnished by the Provider other than those specifically provided

in the Agreement will be allowed by the Agency, nor must the Provider do any work

or furnish any material not covered by the Agreement, unless this is approved in

writing by the Agency and a written amendment made to this Agreement reflect the

change.

12. Subcontracting.

A. The Provider agrees not to enter into subcontracts for any work contemplated under

this Agreement without written approval of the Agency.

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7

B. All subcontractors must be subject to and must meet all of the requirements of this

Agreement.

C. The Provider agrees to be responsible for the performance of any subcontractor to

ensure compliance to the Agreement and with the terms of this Agreement.

13. Noncompliance.

A. If the Provider fails to comply with the provisions of this Agreement, the Agency

may seek any available legal remedy.

B. Either party must notify the other party within 30 days when having reasonable

grounds to believe that this Agreement has been or will be breached in a material

manner. The party receiving such notification will have 30 days, or any other such

period of time as mutually agreed to by the parties, to attempt cure the breach or

anticipatory breach before the complaining party can terminate the Agreement.

14. Limited English Proficiency Requirement.

All Agency Providers, grantees, licensees, and any other public or private individuals

and/or organizations that operate, provide service, or engage in health or social services

programs and activities on behalf of the Agency and receive federal funding, must

comply with the Title IV language access requirements.

The Provider agrees to comply with Federal Civil Rights Compliance requirements for

Title IV including a legal obligation to provide language assistance services to any

person(s) with Limited English Proficiency free of charge and in a timely manner during

all hours of operation.

15. Term of Agreement

A. The term of this Agreement will be from July 1, 2016 through June 30, 2017

regardless of the date of the signatures. However, this Agreement may be terminated

prior to that date as provided in this Agreement or by mutual agreement of the parties.

This Agreement may also be extended as provided below.

B. The parties agree that this Agreement will be automatically extended for an additional

period up to 90 calendar days from the end date of this Agreement in the event that a

new agreement between the parties is desired but has not been completed and

executed prior to the end date of this Agreement. The purpose of this extension is to

ensure that services will continue to be provided to service clients uninterrupted

during the negotiation of a new agreement. In the event that this Agreement is

extended pursuant to this clause, any change in fees contained in a subsequent

agreement may be made retroactive to the end date of this Agreement by mutual

agreement by the parties in the new agreement.

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8

16. Designees.

A. The designees listed below have the authority to bind the party they represent and

consent to modifications and subcontracts, except that, as to the Agency, the designee

will have only the authority specifically and generally granted by the Nobles County

Board of Commissioners. Notifications required to be provided pursuant to this

Agreement must be provided to the following named persons or their successors.

Each party will promptly notify the other in writing of any changes in its designee

and of that person’s contact information.

B. Notices to the Agency must be directed to

Nobles County Community Services Agency

Attn: Stacie Golombecki, Director

318 9th

Street, P.O. Box 189

Worthington, MN 56187

C. Notices to the Provider must be directed to

Client Community Services Inc.

Attn: Jeri Schettler

PO Box 97.

Worthington MN 56187

17. Entire Agreement.

It is understood and agreed that the entire Agreement of the parties is contained here and

that this Agreement supersedes all oral agreements and negotiations between the parties

relating to the subject matter thereof.

NOBLES COUNTY COMMUNITY CCSI

SERVICES AGENCY

By ____________________________ By____________________________

Chairperson, Nobles County Board Chair, Client Community Services Board

Date_____________________________ Date__________________________

By ______________________________ By: ____________________________

Nobles County Administrator Director, Client Community Services

Date_____________________________ Date ___________________________

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1

Placement Agreement

Between Nobles County Community Services Agency

And Ecumen Meadows

Nobles County, by its Nobles County Community Services Agency, 318 9th

Street, P.O. Box

189, Worthington, MN 56187-0189, hereafter referred to as the Agency, and Ecumen Meadows,

1801 College Way, Worthington MN 56187 hereafter referred to as the Provider, enter into this

Agreement.

WHEREAS, the Provider is an organization duly qualified and willing to provide board and

lodging to persons; and

WHEREAS, the Agency, pursuant to Minnesota Statutes, Sections 373.01, 373.02, 253B.045,

and Chapter 256M wishes to have a placement agreement with the Provider and facilitate

payment of group residential housing monies; and

NOW, THEREFORE, in consideration of the mutual understandings and agreements set forth,

the Agency and Provider agree as follows:

1. Provider’s Duties.

A. Board and lodge services will be provided for up to 20 people at 1801 College Way,

Worthington MN 56187. All beds are subject to this Agreement.

B. Provider will maintain licensure with the Minnesota Department of Health as a board

and lodge facility. Provider will provide the Agency with a copy of the current license

on an annual basis.

C. For each resident (hereinafter “client”), the Provider will upon admission give a

description of the services to be provided and notice of client’s rights as determined

by license parameters and this Agreement. A copy of this document will be provided

to the client and to the Agency.

2. Cost and Delivery Services.

A. The rate for board and lodge services is set by the State of Minnesota and reviewed

on an annual basis. Any cost of living adjustments would be automatically applied to

this Agreement without being deemed to be a material change to the Agreement.

B. Group Residential Housing client assistance is determined on an individual client

basis according to state guidelines and eligibility administered by the Agency.

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2

3. Eligibility for Services.

A. The parties understand and agree that the eligibility of a potential client to receive

Group Residential Housing assistance is to be determined in accordance with

eligibility criteria established by the Group Residential Housing Program

administered by the Agency.

B. The parties understand and agree that preliminary and final client eligibility will be

determined by the Agency.

C. The Agency will notify the client and the Provider when it has been determined that

the client is no longer eligible to receive Group Residential Housing assistance.

4. Payment of Services.

A. The Provider will receive Group Residential Housing assistance payments monthly

from the State of Minnesota for clients who have applied for and have been found to

be eligible for Group Residential Housing assistance.

B. The Provider is responsible for billing the client for services not covered by this

Agreement.

C. Payments for temporary absences may not exceed 60 days per client per calendar

year. Payment to the Provider will continue for up to 18 calendar days per incident

that the client is temporarily absent if the absence has received prior approval from

the Agency. Prior Agency approval is not required if the temporary absence is due to

crisis, illness, or injury, but payment in such cases will also be limited to a maximum

of 18 days.

D. When an overpayment occurs, the Provider will make repayment to the Agency

within 30 days from the date the notice of overpayment was mailed by the Agency. If

the overpayment is not refunded to the Agency within 30 days, the Provider will

immediately be placed in a post pay status. Post pay status will be in place for a

minimum of 12 months. Following a minimum time frame of 12 months and proper

repayment of the overpayment, the Provider may petition the Designee for pre-pay

reinstatement.

5. Audit and Record Disclosure.

A. The Provider must allow personnel of the Agency, the Minnesota Department of

Human Services, and the U.S. Department of Health and Human Services, access to

the Provider’s facility and records at reasonable hours to exercise their responsibility

to monitor services.

B. The Provider must comply with all Minnesota Department of Health policies and

procedures related to their license.

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3

C. The Provider must comply with Agency, Minnesota Department of Human Services,

and Minnesota Department of Health corrections orders within their designated time

frames.

D. The Provider must maintain all records pertaining to the Agreement at the Provider

facility for six years for audit purposes, even after the termination of this Agreement.

6. Safeguard of Information

Neither party will disclose information concerning a client in violation of the Minnesota

Data Practices Act. Both parties will protect Individual Identifiable Health Information

(IIHI) protected under the Federal Health Insurance Portability and Accountability Act

(HIPPA) guidelines. Neither party will disclose any information regarding clients for any

purpose not directly connected with the administration of the Agency’s or the Provider’s

responsibility with respect to the services provided except as authorized in a written

consent of the affected the client, that client’s attorney, or the client’s responsible parent

or legal guardian, or responsible custodian.

The Provider shall establish permitted and required uses and disclosures and will:

A. Appropriately safeguard IIHI.

B. Report any misuse of IIHI.

C. Secure satisfactory assurances from any subcontractor.

D. Grant individuals access and ability to amend their IIHI.

E. Make available an accounting of disclosures.

F. Release applicable records to the Agency or Department of Human Services if

requested.

7. Equal Employment Opportunity and Civil Right and Nondiscrimination.

A. The Provider will comply with the Civil Rights Act of 1964, Title VII (42 USC

2000e); including Executive Order No. 11246, and Title VI (42 USC 2000d); and

the Rehabilitation Act of 1973, as amended by Section 504; Minnesota Statutes

§363A.02; and all applicable federal and state laws, rules, regulations, and orders

prohibiting discrimination on the basis of race, color, religion, age, gender, sexual

orientation, disability, marital status, public assistance status, creed or national

origin with regard to employment, facilities or services with relation to rendering

services provided under this Agreement.

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4

8. Fair Hearing and Grievance Procedures.

The Agency agrees to provide for a fair hearing and grievance procedure in conformance

with Minnesota Statute, section 256.045, and in conjunction with fair hearing and

grievance procedures established by Department of Human Services administrative rules.

9. Bonding, Indemnity and Insurance.

A. Bonding: The Provider will maintain at all times during the term of this Agreement a

fidelity bond or insurance coverage for employee dishonesty. A copy of the

Provider’s bond or insurance certificate shall be delivered to the Agency at the

beginning of the term of this Agreement and annually thereafter if this Agreement is

renewed. Failure to obtain or provide proof of the required coverage will be a basis

for termination of this Agreement or refusal to pay for service provided.

B. Indemnity: Provider will at all times, indemnify and hold harmless the Agency from

any and all liability, loss, damages, costs or expenses which may be claimed against

the Agency or Provider

1) By reason of any client’s suffering bodily or personal injury, death, or property

loss or damage either while participating in or receiving or during the

performance of services under this Agreement, or while on premises owned,

leased, or operated by the Provider, or while being transported to or from said

premises in any vehicle owned, operated by, chartered for or otherwise contracted

for the Provider or any officer, agent, or employee of the Provider,

2) By reason of any client causing injury to or damage to the property of another

person during any time when the Provider, the Provider’s employees, the

Provider’s assignees, or any employee of the Provider’s assignees has undertaken

or is furnishing services under this Agreement, or

3) By reason of any negligent act or omission or intentional act of the Provider, its

employees, agents, officers or assignees which cause bodily injury, death,

personal injury, property loss, or damage to another during the performance of

services provided under this Agreement.

C. Insurance: The Provider agrees at all times during the term of the Agreement, to have

and keep in force a professional liability insurance policy with a minimum coverage

amounts of $1,000,000 per occurrence and $3,000,000 annual aggregate with the

Agency named as an additional insured. Each certificate must include a 10 day notice

of cancellation, non-renewal, or material change to all named and the additional

insured.

D. Auditing: The Provider agrees that at the end of its fiscal year an audit will be

conducted by a certified public accounting firm. After completion of the Audit, a

copy of the Audit report will be filed with the Agency.

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5

10. Provider Debarment, Suspension, and Responsibility Certification.

Federal Regulation 45 CFR 92.35 prohibits the State/Agency from purchasing goods or

services with federal money for vendors who have been suspended or debarred by the

federal government. Similarly, Minnesota Statute, Section 16C.03, subdivision 2

provides the Commissioner of Administration with the authority to adopt rules to debar

and suspend vendors who seek to contract with the Agency. Vendors may be suspended

or debarred when it is determined, through a duly authorized hearing process, that they

have abused the public trust in a serious manner.

By signing this Agreement, the Provider certifies that it and its officers, directors,

owners, partners and persons having primary management or supervisory responsibilities

within a Provider’s business (i.e. it’s general manager; plant manager; head of a

subsidiary division or business segment and similar positions and employees):

A. Are not presently debarred, suspended, proposed for debarment, declared ineligible,

or voluntarily excluded from transacting business by or with any federal, state or local

governmental department or agency; and

B. Have not within a three-year period preceding this Agreement:

1) been convicted of or had a civil judgment rendered against them for commission

of fraud or a criminal offense in connection with obtaining, attempting to obtain

or performing a public (federal, state or local) transaction or contract;

2) violated any federal or state antitrust statutes; or

3) committed embezzlement, theft, forgery, bribery, falsification or destruction of

records, making false statements or receiving stolen property; and

C. Are not presently indicted or otherwise criminally or civilly charged by a

governmental entity for:

1) commission of fraud or a criminal offense in connection with obtaining,

attempting to obtain or performing a public (federal, state or local) transaction;

2) violating any federal or state antitrust statutes; or

3) committing embezzlement, theft, forgery, bribery, falsification or destruction of

record, making false statements or receiving stolen property; and

D. Are not aware of any information and posses no knowledge that any subcontractor(s)

that will perform work pursuant to this contract are in violation of any of the

certifications set for above.

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6

E. Shall immediately give written notice to the Agency through its director should

Provider come under investigation for allegation of fraud or a criminal offense in

connection with obtaining, or performing: a public (federal, state or local

government) transaction: violating any federal or state antitrust statutes; or

committing embezzlement, theft, bribery, falsification or destruction of records,

making false statements or stolen property.

11. Conditions of the Parties’ Obligations.

A. The parties agree that if the Agency fails to receive expected reimbursement from

state and federal sources sufficient to cover the cost of the services provided, the

Agency will terminate this Agreement.

B. This Agreement may be terminated by either party at any time, with or without cause,

upon 30 days’ notice in writing, delivered by mail or in person to the other party’s

designee.

C. The Agency may evaluate the performance of the Provider in regard to terms of this

Agreement to determine whether such performance merits renewal of this Agreement.

D. Any alterations, variations, modifications, or waivers of provisions of this Agreement

will be valid only when they have been reduced to writing, signed by both parties,

and attached to the original of this Agreement.

E. No claim for services furnished by the Provider other than those specifically provided

in the Agreement will be allowed by the Agency, nor must the Provider do any work

or furnish any material not covered by the Agreement, unless this is approved in

writing by the Agency and a written amendment made to this Agreement reflect the

change.

12. Subcontracting.

A. The Provider agrees not to enter into subcontracts for any work contemplated under

this Agreement without written approval of the Agency.

B. All subcontractors must be subject to and must meet all of the requirements of this

Agreement.

C. The Provider agrees to be responsible for the performance of any subcontractor to

ensure compliance to the Agreement and with the terms of this Agreement.

13. Independent Contractor

Nothing in this Agreement is meant to create or establish a co-partner relationship

between the Agency and the Provider. The Agency is and always remains an independent

contractor, and not an agent, representative or employee of the Provider. As an

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7

independent contractor, the Agency is not entitled to any of the rights, privileges or

benefits of employees of the Provider, including but not limited to worker’s

compensation, health/dental benefits, and indemnifications for third-party personal

injury/property damage claims.

14. Noncompliance.

A. If the Provider fails to comply with the provisions of this Agreement, the Agency

may seek any available legal remedy.

B. Either party must notify the other party within 30 days when having reasonable

grounds to believe that this Agreement has been or will be breached in a material

manner. The party receiving such notification will have 30 days, or any other such

period of time as mutually agreed to by the parties, to attempt cure the breach or

anticipatory breach before the complaining party can terminate the Agreement.

15. Limited English Proficiency Requirement.

All Agency Providers, grantees, licensees, and any other public or private individuals

and/or organizations that operate, provide service, or engage in health or social services

programs and activities on behalf of the Agency and receive federal funding, must

comply with the Title IV language access requirements.

The Provider agrees to comply with Federal Civil Rights Compliance requirements for

Title IV including a legal obligation to provide language assistance services to any

person(s) with Limited English Proficiency free of charge and in a timely manner during

all hours of operation.

16. Term of Agreement

A. The term of this Agreement will be from July 1, 2016 through June 30, 2017

regardless of the date of the signatures. However, this Agreement may be terminated

prior to that date as provided in this Agreement or by mutual agreement of the parties.

This Agreement may also be extended as provided below.

B. The parties agree that this Agreement will be automatically extended for an additional

period up to 90 calendar days from the end date of this Agreement in the event that a

new agreement between the parties is desired but has not been completed and

executed prior to the end date of this Agreement. The purpose of this extension is to

ensure that services will continue to be provided to service clients uninterrupted

during the negotiation of a new agreement. In the event that this Agreement is

extended pursuant to this clause, any change in fees contained in a subsequent

agreement may be made retroactive to the end date of this Agreement by mutual

agreement by the parties in the new agreement.

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8

17. Designees.

A. The designees listed below have the authority to bind the party they represent and

consent to modifications and subcontracts, except that, as to the Agency, the designee

will have only the authority specifically and generally granted by the Nobles County

Board of Commissioners. Notifications required to be provided pursuant to this

Agreement must be provided to the following named persons or their successors.

Each party will promptly notify the other in writing of any changes in its designee

and of that person’s contact information.

B. Notices to the Agency must be directed to

Nobles County Community Services Agency

Attn: Stacie Golombecki, Director

318 9th

Street, P.O. Box 189

Worthington, MN 56187

C. Notices to the Provider must be directed to

Ecumen Meadows

Attn: Nancy Garvin

1801 College Way

Worthington MN 56187

18. Entire Agreement.

It is understood and agreed that the entire Agreement of the parties is contained here and

that this Agreement supersedes all oral agreements and negotiations between the parties

relating to the subject matter thereof.

NOBLES COUNTY COMMUNITY ECUMEN MEADOWS

SERVICES AGENCY

By By____________________________

Chairperson, Nobles County Board Ecumen Meadows

Date Date__________________________

By

Nobles County Administrator

Date

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1

Placement Agreement

Between Nobles County Community Services Agency

And KC Companies Inc.

Nobles County, by its Nobles County Community Services Agency, 318 9th

Street, P.O. Box

189, Worthington, MN 56187-0189, hereafter referred to as the Agency, and KC Companies

Inc., PO Box 379, Pequot Lakes MN 56472 hereafter referred to as the Provider, enter into this

Agreement.

WHEREAS, the Provider is an organization duly qualified and willing to provide board and

lodging to persons; and

WHEREAS, the Agency, pursuant to Minnesota Statutes, Sections 373.01, 373.02, 253B.045,

and Chapter 256M wishes to have a placement agreement with the Provider and facilitate

payment of group residential housing monies; and

NOW, THEREFORE, in consideration of the mutual understandings and agreements set forth,

the Agency and Provider agree as follows:

1. Provider’s Duties.

A. Board and lodge services will be provided for up to 25 people at Golden Horizons,

1790 College Way, Worthington MN 56187. All beds are subject to this Agreement.

B. Provider will maintain licensure with the Minnesota Department of Health as a board

and lodge facility. Provider will provide the Agency with a copy of the current license

on an annual basis.

C. For each resident (hereinafter “client”), the Provider will upon admission give a

description of the services to be provided and notice of client’s rights as determined

by license parameters and this Agreement. A copy of this document will be provided

to the client and to the Agency.

2. Cost and Delivery Services.

A. The rate for board and lodge services is set by the State of Minnesota and reviewed

on an annual basis. Any cost of living adjustments would be automatically applied to

this Agreement without being deemed to be a material change to the Agreement.

B. Group Residential Housing client assistance is determined on an individual client

basis according to state guidelines and eligibility administered by the Agency.

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2

3. Eligibility for Services.

A. The parties understand and agree that the eligibility of a potential client to receive

Group Residential Housing assistance is to be determined in accordance with

eligibility criteria established by the Group Residential Housing Program

administered by the Agency.

B. The parties understand and agree that preliminary and final client eligibility will be

determined by the Agency.

C. The Agency will notify the client and the Provider when it has been determined that

the client is no longer eligible to receive Group Residential Housing assistance.

4. Payment of Services.

A. The Provider will receive Group Residential Housing assistance payments monthly

from the State of Minnesota for clients who have applied for and have been found to

be eligible for Group Residential Housing assistance.

B. The Provider is responsible for billing the client for services not covered by this

Agreement.

C. Payments for temporary absences may not exceed 60 days per client per calendar

year. Payment to the Provider will continue for up to 18 calendar days per incident

that the client is temporarily absent if the absence has received prior approval from

the Agency. Prior Agency approval is not required if the temporary absence is due to

crisis, illness, or injury, but payment in such cases will also be limited to a maximum

of 18 days.

D. When an overpayment occurs, the Provider will make repayment to the Agency

within 30 days from the date the notice of overpayment was mailed by the Agency. If

the overpayment is not refunded to the Agency within 30 days, the Provider will

immediately be placed in a post pay status. Post pay status will be in place for a

minimum of 12 months. Following a minimum time frame of 12 months and proper

repayment of the overpayment, the Provider may petition the Designee for pre-pay

reinstatement.

5. Audit and Record Disclosure.

A. The Provider must allow personnel of the Agency, the Minnesota Department of

Human Services, and the U.S. Department of Health and Human Services, access to

the Provider’s facility and records at reasonable hours to exercise their responsibility

to monitor services.

B. The Provider must comply with all Minnesota Department of Health policies and

procedures related to their license.

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3

C. The Provider must comply with Agency, Minnesota Department of Human Services,

and Minnesota Department of Health corrections orders within their designated time

frames.

D. The Provider must maintain all records pertaining to the Agreement at the Provider

facility for six years for audit purposes, even after the termination of this Agreement.

6. Safeguard of Information

Neither party will disclose information concerning a client in violation of the Minnesota

Data Practices Act. Both parties will protect Individual Identifiable Health Information

(IIHI) protected under the Federal Health Insurance Portability and Accountability Act

(HIPPA) guidelines. Neither party will disclose any information regarding clients for any

purpose not directly connected with the administration of the Agency’s or the Provider’s

responsibility with respect to the services provided except as authorized in a written

consent of the affected the client, that client’s attorney, or the client’s responsible parent

or legal guardian, or responsible custodian.

The Provider shall establish permitted and required uses and disclosures and will:

A. Appropriately safeguard IIHI.

B. Report any misuse of IIHI.

C. Secure satisfactory assurances from any subcontractor.

D. Grant individuals access and ability to amend their IIHI.

E. Make available an accounting of disclosures.

F. Release applicable records to the Agency or Department of Human Services if

requested.

7. Equal Employment Opportunity and Civil Right and Nondiscrimination.

A. The Provider will comply with the Civil Rights Act of 1964, Title VII (42 USC

2000e); including Executive Order No. 11246, and Title VI (42 USC 2000d); and

the Rehabilitation Act of 1973, as amended by Section 504; Minnesota Statutes

§363A.02; and all applicable federal and state laws, rules, regulations, and orders

prohibiting discrimination on the basis of race, color, religion, age, gender, sexual

orientation, disability, marital status, public assistance status, creed or national

origin with regard to employment, facilities or services with relation to rendering

services provided under this Agreement.

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4

8. Fair Hearing and Grievance Procedures.

The Agency agrees to provide for a fair hearing and grievance procedure in conformance

with Minnesota Statute, section 256.045, and in conjunction with fair hearing and

grievance procedures established by Department of Human Services administrative rules.

9. Bonding, Indemnity and Insurance.

A. Bonding: The Provider will maintain at all times during the term of this Agreement a

fidelity bond or insurance coverage for employee dishonesty. A copy of the

Provider’s bond or insurance certificate shall be delivered to the Agency at the

beginning of the term of this Agreement and annually thereafter if this Agreement is

renewed. Failure to obtain or provide proof of the required coverage will be a basis

for termination of this Agreement or refusal to pay for service provided.

B. Indemnity: Provider will at all times, indemnify and hold harmless the Agency from

any and all liability, loss, damages, costs or expenses which may be claimed against

the Agency or Provider

1) By reason of any client’s suffering bodily or personal injury, death, or property

loss or damage either while participating in or receiving or during the

performance of services under this Agreement, or while on premises owned,

leased, or operated by the Provider, or while being transported to or from said

premises in any vehicle owned, operated by, chartered for or otherwise contracted

for the Provider or any officer, agent, or employee of the Provider,

2) By reason of any client causing injury to or damage to the property of another

person during any time when the Provider, the Provider’s employees, the

Provider’s assignees, or any employee of the Provider’s assignees has undertaken

or is furnishing services under this Agreement, or

3) By reason of any negligent act or omission or intentional act of the Provider, its

employees, agents, officers or assignees which cause bodily injury, death,

personal injury, property loss, or damage to another during the performance of

services provided under this Agreement.

C. Insurance: The Provider agrees at all times during the term of the Agreement, to have

and keep in force a professional liability insurance policy with a minimum coverage

amounts of $1,000,000 per occurrence and $3,000,000 annual aggregate with the

Agency named as an additional insured. Each certificate must include a 10 day notice

of cancellation, non-renewal, or material change to all named and the additional

insured.

D. Auditing: The Provider agrees that at the end of its fiscal year an audit will be

conducted by a certified public accounting firm. After completion of the Audit, a

copy of the Audit report will be filed with the Agency.

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5

10. Provider Debarment, Suspension, and Responsibility Certification.

Federal Regulation 45 CFR 92.35 prohibits the State/Agency from purchasing goods or

services with federal money for vendors who have been suspended or debarred by the

federal government. Similarly, Minnesota Statute, Section 16C.03, subdivision 2

provides the Commissioner of Administration with the authority to adopt rules to debar

and suspend vendors who seek to contract with the Agency. Vendors may be suspended

or debarred when it is determined, through a duly authorized hearing process, that they

have abused the public trust in a serious manner.

By signing this Agreement, the Provider certifies that it and its officers, directors,

owners, partners and persons having primary management or supervisory responsibilities

within a Provider’s business (i.e. it’s general manager; plant manager; head of a

subsidiary division or business segment and similar positions and employees):

A. Are not presently debarred, suspended, proposed for debarment, declared ineligible,

or voluntarily excluded from transacting business by or with any federal, state or local

governmental department or agency; and

B. Have not within a three-year period preceding this Agreement:

1) been convicted of or had a civil judgment rendered against them for commission

of fraud or a criminal offense in connection with obtaining, attempting to obtain

or performing a public (federal, state or local) transaction or contract;

2) violated any federal or state antitrust statutes; or

3) committed embezzlement, theft, forgery, bribery, falsification or destruction of

records, making false statements or receiving stolen property; and

C. Are not presently indicted or otherwise criminally or civilly charged by a

governmental entity for:

1) commission of fraud or a criminal offense in connection with obtaining,

attempting to obtain or performing a public (federal, state or local) transaction;

2) violating any federal or state antitrust statutes; or

3) committing embezzlement, theft, forgery, bribery, falsification or destruction of

record, making false statements or receiving stolen property; and

D. Are not aware of any information and posses no knowledge that any subcontractor(s)

that will perform work pursuant to this contract are in violation of any of the

certifications set for above.

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6

E. Shall immediately give written notice to the Agency through its director should

Provider come under investigation for allegation of fraud or a criminal offense in

connection with obtaining, or performing: a public (federal, state or local

government) transaction: violating any federal or state antitrust statutes; or

committing embezzlement, theft, bribery, falsification or destruction of records,

making false statements or stolen property.

11. Conditions of the Parties’ Obligations.

A. The parties agree that if the Agency fails to receive expected reimbursement from

state and federal sources sufficient to cover the cost of the services provided, the

Agency will terminate this Agreement.

B. This Agreement may be terminated by either party at any time, with or without cause,

upon 30 days’ notice in writing, delivered by mail or in person to the other party’s

designee.

C. The Agency may evaluate the performance of the Provider in regard to terms of this

Agreement to determine whether such performance merits renewal of this Agreement.

D. Any alterations, variations, modifications, or waivers of provisions of this Agreement

will be valid only when they have been reduced to writing, signed by both parties,

and attached to the original of this Agreement.

E. No claim for services furnished by the Provider other than those specifically provided

in the Agreement will be allowed by the Agency, nor must the Provider do any work

or furnish any material not covered by the Agreement, unless this is approved in

writing by the Agency and a written amendment made to this Agreement reflect the

change.

12. Subcontracting.

A. The Provider agrees not to enter into subcontracts for any work contemplated under

this Agreement without written approval of the Agency.

B. All subcontractors must be subject to and must meet all of the requirements of this

Agreement.

C. The Provider agrees to be responsible for the performance of any subcontractor to

ensure compliance to the Agreement and with the terms of this Agreement.

13. Independent Contractor

Nothing in this Agreement is meant to create or establish a co-partner relationship

between the Agency and the Provider. The Agency is and always remains an independent

contractor, and not an agent, representative or employee of the Provider. As an

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7

independent contractor, the Agency is not entitled to any of the rights, privileges or

benefits of employees of the Provider, including but not limited to worker’s

compensation, health/dental benefits, and indemnifications for third-party personal

injury/property damage claims.

14. Noncompliance.

A. If the Provider fails to comply with the provisions of this Agreement, the Agency

may seek any available legal remedy.

B. Either party must notify the other party within 30 days when having reasonable

grounds to believe that this Agreement has been or will be breached in a material

manner. The party receiving such notification will have 30 days, or any other such

period of time as mutually agreed to by the parties, to attempt cure the breach or

anticipatory breach before the complaining party can terminate the Agreement.

15. Limited English Proficiency Requirement.

All Agency Providers, grantees, licensees, and any other public or private individuals

and/or organizations that operate, provide service, or engage in health or social services

programs and activities on behalf of the Agency and receive federal funding, must

comply with the Title IV language access requirements.

The Provider agrees to comply with Federal Civil Rights Compliance requirements for

Title IV including a legal obligation to provide language assistance services to any

person(s) with Limited English Proficiency free of charge and in a timely manner during

all hours of operation.

16. Term of Agreement

A. The term of this Agreement will be from July 1, 2016 through June 30, 2017

regardless of the date of the signatures. However, this Agreement may be terminated

prior to that date as provided in this Agreement or by mutual agreement of the parties.

This Agreement may also be extended as provided below.

B. The parties agree that this Agreement will be automatically extended for an additional

period up to 90 calendar days from the end date of this Agreement in the event that a

new agreement between the parties is desired but has not been completed and

executed prior to the end date of this Agreement. The purpose of this extension is to

ensure that services will continue to be provided to service clients uninterrupted

during the negotiation of a new agreement. In the event that this Agreement is

extended pursuant to this clause, any change in fees contained in a subsequent

agreement may be made retroactive to the end date of this Agreement by mutual

agreement by the parties in the new agreement.

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8

17. Designees.

A. The designees listed below have the authority to bind the party they represent and

consent to modifications and subcontracts, except that, as to the Agency, the designee

will have only the authority specifically and generally granted by the Nobles County

Board of Commissioners. Notifications required to be provided pursuant to this

Agreement must be provided to the following named persons or their successors.

Each party will promptly notify the other in writing of any changes in its designee

and of that person’s contact information.

B. Notices to the Agency must be directed to

Nobles County Community Services Agency

Attn: Stacie Golombecki, Director

318 9th

Street, P.O. Box 189

Worthington, MN 56187

C. Notices to the Provider must be directed to

KC Companies

Attn: Chuck Lane

PO BOX 379

Pequot Lakes, MN 56472

18. Entire Agreement.

It is understood and agreed that the entire Agreement of the parties is contained here and

that this Agreement supersedes all oral agreements and negotiations between the parties

relating to the subject matter thereof.

NOBLES COUNTY COMMUNITY KC COMPANIES

SERVICES AGENCY

By By____________________________

Chairperson, Nobles County Board KC Companies

Date Date__________________________

By

Nobles County Administrator

Date

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1

Placement Agreement

Between Nobles County Community Services Agency

And Habilitative Services Inc.

Nobles County, by its Nobles County Community Services Agency, 318 9th

Street, P.O. Box

189, Worthington, MN 56187-0189, hereafter referred to as the Agency, and Habilitative

Services Inc., 220 Milwaukee Street, Lakefield MN 56150 hereafter referred to as the Provider,

enter into this Agreement.

WHEREAS, the Provider is an organization duly qualified and willing to provide board and

lodging to persons; and

WHEREAS, the Agency, pursuant to Minnesota Statutes, 256I wishes to have a placement

agreement with the Provider and facilitate payment of group residential housing monies; and

NOW, THEREFORE, in consideration of the mutual understandings and agreements set forth,

the Agency and Provider agree as follows:

1. Provider’s Duties.

A. All beds are subject to this Agreement. Board and Lodge services will be provided at:

• 2123 Castlewood Drive, Worthington, MN 56187

• 902 West Lake Street, Worthington, MN 56187

• 804 Humiston, Worthington MN 56187

• 1714 Cecilee Street, Worthington MN 56187

B. Provider will maintain licensure with the Minnesota Department of Human Services

as a group residential housing facility. Provider will provide the Agency with a copy

of the current license on an annual basis.

C. For each resident (hereinafter “client”), the Provider will upon admission give a

description of the services to be provided and notice of client’s rights as determined

by license parameters and this Agreement. A copy of this document will be provided

to the client and to the Agency.

2. Cost and Delivery Services.

A. The rate for group residential housing services is set by the State of Minnesota and

reviewed on an annual basis. Any cost of living adjustments would be automatically

applied to this Agreement without being deemed to be a material change to the

Agreement.

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2

B. Group Residential Housing client assistance is determined on an individual client

basis according to state guidelines and eligibility administered by the Agency.

3. Eligibility for Services.

A. The parties understand and agree that the eligibility of a potential client to receive

Group Residential Housing assistance is to be determined in accordance with

eligibility criteria established by the Group Residential Housing Program

administered by the Agency.

B. The parties understand and agree that preliminary and final client eligibility will be

determined by the Agency.

C. The Agency will notify the client and the Provider when it has been determined that

the client is no longer eligible to receive Group Residential Housing assistance.

4. Payment of Services.

A. The Provider will receive Group Residential Housing assistance payments monthly

from the State of Minnesota for clients who have applied for and have been found to

be eligible for Group Residential Housing assistance.

B. The Provider is responsible for billing the client for services not covered by this

Agreement.

C. Payments for temporary absences may not exceed 60 days per client per calendar

year. Payment to the Provider will continue for up to 18 calendar days per incident

that the client is temporarily absent if the absence has received prior approval from

the Agency. Prior Agency approval is not required if the temporary absence is due to

crisis, illness, or injury, but payment in such cases will also be limited to a maximum

of 18 days.

D. When an overpayment occurs, the Provider will make repayment to the Agency

within 30 days from the date the notice of overpayment was mailed by the Agency. If

the overpayment is not refunded to the Agency within 30 days, the Provider will

immediately be placed in a post pay status. Post pay status will be in place for a

minimum of 12 months. Following a minimum time frame of 12 months and proper

repayment of the overpayment, the Provider may petition the Designee for pre-pay

reinstatement.

5. Audit and Record Disclosure.

A. The Provider must allow personnel of the Agency, the Minnesota Department of

Human Services, and the U.S. Department of Health and Human Services, access to

the Provider’s facility and records at reasonable hours to exercise their responsibility

to monitor services.

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3

B. The Provider must comply with all Minnesota Department of Health policies and

procedures related to their license.

C. The Provider must comply with Agency, Minnesota Department of Human Services,

and Minnesota Department of Health corrections orders within their designated time

frames.

D. The Provider must maintain all records pertaining to the Agreement at the Provider

facility for six years for audit purposes, even after the termination of this Agreement.

6. Safeguard of Information

Neither party will disclose information concerning a client in violation of the Minnesota

Data Practices Act. Both parties will protect Individual Identifiable Health Information

(IIHI) protected under the Federal Health Insurance Portability and Accountability Act

(HIPPA) guidelines. Neither party will disclose any information regarding clients for any

purpose not directly connected with the administration of the Agency’s or the Provider’s

responsibility with respect to the services provided except as authorized in a written

consent of the affected the client, that client’s attorney, or the client’s responsible parent

or legal guardian, or responsible custodian.

The Provider shall establish permitted and required uses and disclosures and will:

A. Appropriately safeguard IIHI.

B. Report any misuse of IIHI.

C. Secure satisfactory assurances from any subcontractor.

D. Grant individuals access and ability to amend their IIHI.

E. Make available an accounting of disclosures.

F. Release applicable records to the Agency or Department of Human Services if

requested.

7. Equal Employment Opportunity and Civil Right and Nondiscrimination.

A. The Provider will comply with the Civil Rights Act of 1964, Title VII (42 USC

2000e); including Executive Order No. 11246, and Title VI (42 USC 2000d); and

the Rehabilitation Act of 1973, as amended by Section 504; Minnesota Statutes

§363A.02; and all applicable federal and state laws, rules, regulations, and orders

prohibiting discrimination on the basis of race, color, religion, age, gender, sexual

orientation, disability, marital status, public assistance status, creed or national

origin with regard to employment, facilities or services with relation to rendering

services provided under this Agreement.

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4

8. Fair Hearing and Grievance Procedures.

The Agency agrees to provide for a fair hearing and grievance procedure in conformance

with Minnesota Statute, section 256.045, and in conjunction with fair hearing and

grievance procedures established by Department of Human Services administrative rules.

9. Bonding, Indemnity and Insurance.

A. Bonding: The Provider will maintain at all times during the term of this Agreement a

fidelity bond or insurance coverage for employee dishonesty. A copy of the

Provider’s bond or insurance certificate shall be delivered to the Agency at the

beginning of the term of this Agreement and annually thereafter if this Agreement is

renewed. Failure to obtain or provide proof of the required coverage will be a basis

for termination of this Agreement or refusal to pay for service provided.

B. Indemnity: Provider will at all times, indemnify and hold harmless the Agency from

any and all liability, loss, damages, costs or expenses which may be claimed against

the Agency or Provider

1) By reason of any client’s suffering bodily or personal injury, death, or property

loss or damage either while participating in or receiving or during the

performance of services under this Agreement, or while on premises owned,

leased, or operated by the Provider, or while being transported to or from said

premises in any vehicle owned, operated by, chartered for or otherwise contracted

for the Provider or any officer, agent, or employee of the Provider,

2) By reason of any client causing injury to or damage to the property of another

person during any time when the Provider, the Provider’s employees, the

Provider’s assignees, or any employee of the Provider’s assignees has undertaken

or is furnishing services under this Agreement, or

3) By reason of any negligent act or omission or intentional act of the Provider, its

employees, agents, officers or assignees which cause bodily injury, death,

personal injury, property loss, or damage to another during the performance of

services provided under this Agreement.

C. Insurance: The Provider agrees at all times during the term of the Agreement, to have

and keep in force a professional liability insurance policy with a minimum coverage

amounts of $1,000,000 per occurrence and $3,000,000 annual aggregate with the

Agency named as an additional insured. Each certificate must include a 10 day notice

of cancellation, non-renewal, or material change to all named and the additional

insured.

D. Auditing: The Provider agrees that at the end of its fiscal year an audit will be

conducted by a certified public accounting firm. After completion of the Audit, a

copy of the Audit report will be filed with the Agency.

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5

10. Provider Debarment, Suspension, and Responsibility Certification.

Federal Regulation 45 CFR 92.35 prohibits the State/Agency from purchasing goods or

services with federal money for vendors who have been suspended or debarred by the

federal government. Similarly, Minnesota Statute, Section 16C.03, subdivision 2

provides the Commissioner of Administration with the authority to adopt rules to debar

and suspend vendors who seek to contract with the Agency. Vendors may be suspended

or debarred when it is determined, through a duly authorized hearing process, that they

have abused the public trust in a serious manner.

By signing this Agreement, the Provider certifies that it and its officers, directors,

owners, partners and persons having primary management or supervisory responsibilities

within a Provider’s business (i.e. it’s general manager; plant manager; head of a

subsidiary division or business segment and similar positions and employees):

A. Are not presently debarred, suspended, proposed for debarment, declared ineligible,

or voluntarily excluded from transacting business by or with any federal, state or local

governmental department or agency; and

B. Have not within a three-year period preceding this Agreement:

1) been convicted of or had a civil judgment rendered against them for commission

of fraud or a criminal offense in connection with obtaining, attempting to obtain

or performing a public (federal, state or local) transaction or contract;

2) violated any federal or state antitrust statutes; or

3) committed embezzlement, theft, forgery, bribery, falsification or destruction of

records, making false statements or receiving stolen property; and

C. Are not presently indicted or otherwise criminally or civilly charged by a

governmental entity for:

1) commission of fraud or a criminal offense in connection with obtaining,

attempting to obtain or performing a public (federal, state or local) transaction;

2) violating any federal or state antitrust statutes; or

3) committing embezzlement, theft, forgery, bribery, falsification or destruction of

record, making false statements or receiving stolen property; and

D. Are not aware of any information and posses no knowledge that any subcontractor(s)

that will perform work pursuant to this contract are in violation of any of the

certifications set for above.

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6

E. Shall immediately give written notice to the Agency through its director should

Provider come under investigation for allegation of fraud or a criminal offense in

connection with obtaining, or performing: a public (federal, state or local

government) transaction: violating any federal or state antitrust statutes; or

committing embezzlement, theft, bribery, falsification or destruction of records,

making false statements or stolen property.

11. Conditions of the Parties’ Obligations.

A. The parties agree that if the Agency fails to receive expected reimbursement from

state and federal sources sufficient to cover the cost of the services provided, the

Agency will terminate this Agreement.

B. This Agreement may be terminated by either party at any time, with or without cause,

upon 30 days’ notice in writing, delivered by mail or in person to the other party’s

designee.

C. The Agency may evaluate the performance of the Provider in regard to terms of this

Agreement to determine whether such performance merits renewal of this Agreement.

D. Any alterations, variations, modifications, or waivers of provisions of this Agreement

will be valid only when they have been reduced to writing, signed by both parties,

and attached to the original of this Agreement.

E. No claim for services furnished by the Provider other than those specifically provided

in the Agreement will be allowed by the Agency, nor must the Provider do any work

or furnish any material not covered by the Agreement, unless this is approved in

writing by the Agency and a written amendment made to this Agreement reflect the

change.

12. Subcontracting.

A. The Provider agrees not to enter into subcontracts for any work contemplated under

this Agreement without written approval of the Agency.

B. All subcontractors must be subject to and must meet all of the requirements of this

Agreement.

C. The Provider agrees to be responsible for the performance of any subcontractor to

ensure compliance to the Agreement and with the terms of this Agreement.

13. Independent Contractor

Nothing in this Agreement is meant to create or establish a co-partner relationship

between the Agency and the Provider. The Agency is and always remains an independent

contractor, and not an agent, representative or employee of the Provider. As an

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7

independent contractor, the Agency is not entitled to any of the rights, privileges or

benefits of employees of the Provider, including but not limited to worker’s

compensation, health/dental benefits, and indemnifications for third-party personal

injury/property damage claims.

14. Noncompliance.

A. If the Provider fails to comply with the provisions of this Agreement, the Agency

may seek any available legal remedy.

B. Either party must notify the other party within 30 days when having reasonable

grounds to believe that this Agreement has been or will be breached in a material

manner. The party receiving such notification will have 30 days, or any other such

period of time as mutually agreed to by the parties, to attempt cure the breach or

anticipatory breach before the complaining party can terminate the Agreement.

15. Limited English Proficiency Requirement.

All Agency Providers, grantees, licensees, and any other public or private individuals

and/or organizations that operate, provide service, or engage in health or social services

programs and activities on behalf of the Agency and receive federal funding, must

comply with the Title IV language access requirements.

The Provider agrees to comply with Federal Civil Rights Compliance requirements for

Title IV including a legal obligation to provide language assistance services to any

person(s) with Limited English Proficiency free of charge and in a timely manner during

all hours of operation.

16. Term of Agreement

A. The term of this Agreement will be from July 1, 2016 through June 30, 2017

regardless of the date of the signatures. However, this Agreement may be terminated

prior to that date as provided in this Agreement or by mutual agreement of the parties.

This Agreement may also be extended as provided below.

B. The parties agree that this Agreement will be automatically extended for an additional

period up to 90 calendar days from the end date of this Agreement in the event that a

new agreement between the parties is desired but has not been completed and

executed prior to the end date of this Agreement. The purpose of this extension is to

ensure that services will continue to be provided to service clients uninterrupted

during the negotiation of a new agreement. In the event that this Agreement is

extended pursuant to this clause, any change in fees contained in a subsequent

agreement may be made retroactive to the end date of this Agreement by mutual

agreement by the parties in the new agreement.

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8

17. Designees.

A. The designees listed below have the authority to bind the party they represent and

consent to modifications and subcontracts, except that, as to the Agency, the designee

will have only the authority specifically and generally granted by the Nobles County

Board of Commissioners. Notifications required to be provided pursuant to this

Agreement must be provided to the following named persons or their successors.

Each party will promptly notify the other in writing of any changes in its designee

and of that person’s contact information.

B. Notices to the Agency must be directed to

Nobles County Community Services Agency

Attn: Stacie Golombecki, Director

318 9th

Street, P.O. Box 189

Worthington, MN 56187

C. Notices to the Provider must be directed to

Habilitative Services Inc.

Attn: Devin Nelson

220 Milwaukee Street

Lakefield, MN 56150

18. Entire Agreement.

It is understood and agreed that the entire Agreement of the parties is contained here and

that this Agreement supersedes all oral agreements and negotiations between the parties

relating to the subject matter thereof.

NOBLES COUNTY COMMUNITY HABILITATIVE SERVICES INC.

SERVICES AGENCY

By By____________________________

Chairperson, Nobles County Board Habilitative Services Inc.

Date Date__________________________

By

Nobles County Administrator

Date

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1

Placement Agreement

Between Nobles County Community Services Agency

And New Dawn Inc.

Nobles County, by its Nobles County Community Services Agency, 318 9th

Street, P.O. Box

189, Worthington, MN 56187-0189, hereafter referred to as the Agency, and New Dawn Inc., PO

Box 324, Fulda, Minnesota 56131 hereafter referred to as the Provider, enter into this

Agreement.

WHEREAS, the Provider is an organization duly qualified and willing to provide board and

lodging to persons; and

WHEREAS, the Agency, pursuant to Minnesota Statutes, Sections 373.01, 373.02, 253B.045,

and Chapter 256M wishes to have a placement agreement with the Provider and facilitate

payment of group residential housing monies; and

NOW, THEREFORE, in consideration of the mutual understandings and agreements set forth,

the Agency and Provider agree as follows:

1. Provider’s Duties.

A. All beds are subject to this Agreement. Board and lodge services will be provided at:

• 1532 North Douglas Avenue, Worthington MN 56187 (up to 4 persons)

• 801 Burlington Avenue, Worthington MN 56187 (up to 4 persons)

• 1540 E Clary Street, Worthington MN 56187 (up to 4 persons)

• 1936 Dorthea, Worthington MN 56187 (up to 3 persons)

• 1516 East Avenue, Worthington MN 56187 (up to 2 persons)

• 1518 East Avenue, Worthington MN 56187 (up to 2 persons)

• 1415 Hillcrest, Worthington MN 56187 (up to 4 persons)

• 1941 Summit Avenue, Worthington MN 56187 (up to 4 persons)

• 1608 Johnson Lane, Worthington MN 56187 (up to 4 persons)

• 928 Linda Lane, Worthington MN 56187 (up to 4 persons)

B. Provider will maintain licensure with the Minnesota Department of Human Services.

Provider will provide the Agency with a copy of the current license on an annual

basis.

C. For each resident (hereinafter “client”), the Provider will upon admission give a

description of the services to be provided and notice of client’s rights as determined

by license parameters and this Agreement. A copy of this document will be provided

to the client and to the Agency.

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2

2. Cost and Delivery Services.

A. The rate for board and lodge services is set by the State of Minnesota and reviewed

on an annual basis. Any cost of living adjustments would be automatically applied to

this Agreement without being deemed to be a material change to the Agreement.

B. Group Residential Housing client assistance is determined on an individual client

basis according to state guidelines and eligibility administered by the Agency.

3. Eligibility for Services.

A. The parties understand and agree that the eligibility of a potential client to receive

Group Residential Housing assistance is to be determined in accordance with

eligibility criteria established by the Group Residential Housing Program

administered by the Agency.

B. The parties understand and agree that preliminary and final client eligibility will be

determined by the Agency.

C. The Agency will notify the client and the Provider when it has been determined that

the client is no longer eligible to receive Group Residential Housing assistance.

4. Payment of Services.

A. The Provider will receive Group Residential Housing assistance payments monthly

from the State of Minnesota for clients who have applied for and have been found to

be eligible for Group Residential Housing assistance.

B. The Provider is responsible for billing the client for services not covered by this

Agreement.

C. Payments for temporary absences may not exceed 60 days per client per calendar

year. Payment to the Provider will continue for up to 18 calendar days per incident

that the client is temporarily absent if the absence has received prior approval from

the Agency. Prior Agency approval is not required if the temporary absence is due to

crisis, illness, or injury, but payment in such cases will also be limited to a maximum

of 18 days.

D. When an overpayment occurs, the Provider will make repayment to the Agency

within 30 days from the date the notice of overpayment was mailed by the Agency. If

the overpayment is not refunded to the Agency within 30 days, the Provider will

immediately be placed in a post pay status. Post pay status will be in place for a

minimum of 12 months. Following a minimum time frame of 12 months and proper

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3

repayment of the overpayment, the Provider may petition the Designee for pre-pay

reinstatement.

5. Audit and Record Disclosure.

A. The Provider must allow personnel of the Agency, the Minnesota Department of

Human Services, and the U.S. Department of Health and Human Services, access to

the Provider’s facility and records at reasonable hours to exercise their responsibility

to monitor services.

B. The Provider must comply with all Minnesota Department of Health policies and

procedures related to their license.

C. The Provider must comply with Agency, Minnesota Department of Human Services,

and Minnesota Department of Health corrections orders within their designated time

frames.

D. The Provider must maintain all records pertaining to the Agreement at the Provider

facility for six years for audit purposes, even after the termination of this Agreement.

6. Safeguard of Information

Neither party will disclose information concerning a client in violation of the Minnesota

Data Practices Act. Both parties will protect Individual Identifiable Health Information

(IIHI) protected under the Federal Health Insurance Portability and Accountability Act

(HIPPA) guidelines. Neither party will disclose any information regarding clients for any

purpose not directly connected with the administration of the Agency’s or the Provider’s

responsibility with respect to the services provided except as authorized in a written

consent of the affected the client, that client’s attorney, or the client’s responsible parent

or legal guardian, or responsible custodian.

The Provider shall establish permitted and required uses and disclosures and will:

A. Appropriately safeguard IIHI.

B. Report any misuse of IIHI.

C. Secure satisfactory assurances from any subcontractor.

D. Grant individuals access and ability to amend their IIHI.

E. Make available an accounting of disclosures.

F. Release applicable records to the Agency or Department of Human Services if

requested.

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4

7. Equal Employment Opportunity and Civil Right and Nondiscrimination.

A. The Provider will comply with the Civil Rights Act of 1964, Title VII (42 USC

2000e); including Executive Order No. 11246, and Title VI (42 USC 2000d); and

the Rehabilitation Act of 1973, as amended by Section 504; Minnesota Statutes

§363A.02; and all applicable federal and state laws, rules, regulations, and orders

prohibiting discrimination on the basis of race, color, religion, age, gender, sexual

orientation, disability, marital status, public assistance status, creed or national

origin with regard to employment, facilities or services with relation to rendering

services provided under this Agreement.

8. Fair Hearing and Grievance Procedures.

The Agency agrees to provide for a fair hearing and grievance procedure in conformance

with Minnesota Statute, section 256.045, and in conjunction with fair hearing and

grievance procedures established by Department of Human Services administrative rules.

9. Bonding, Indemnity and Insurance.

A. Bonding: The Provider will maintain at all times during the term of this Agreement a

fidelity bond or insurance coverage for employee dishonesty. A copy of the

Provider’s bond or insurance certificate shall be delivered to the Agency at the

beginning of the term of this Agreement and annually thereafter if this Agreement is

renewed. Failure to obtain or provide proof of the required coverage will be a basis

for termination of this Agreement or refusal to pay for service provided.

B. Indemnity: Provider will at all times, indemnify and hold harmless the Agency from

any and all liability, loss, damages, costs or expenses which may be claimed against

the Agency or Provider

1) By reason of any client’s suffering bodily or personal injury, death, or property

loss or damage either while participating in or receiving or during the

performance of services under this Agreement, or while on premises owned,

leased, or operated by the Provider, or while being transported to or from said

premises in any vehicle owned, operated by, chartered for or otherwise contracted

for the Provider or any officer, agent, or employee of the Provider,

2) By reason of any client causing injury to or damage to the property of another

person during any time when the Provider, the Provider’s employees, the

Provider’s assignees, or any employee of the Provider’s assignees has undertaken

or is furnishing services under this Agreement, or

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5

3) By reason of any negligent act or omission or intentional act of the Provider, its

employees, agents, officers or assignees which cause bodily injury, death,

personal injury, property loss, or damage to another during the performance of

services provided under this Agreement.

C. Insurance: The Provider agrees at all times during the term of the Agreement, to have

and keep in force a professional liability insurance policy with a minimum coverage

amounts of $1,000,000 per occurrence and $3,000,000 annual aggregate with the

Agency named as an additional insured. Each certificate must include a 10 day notice

of cancellation, non-renewal, or material change to all named and the additional

insured.

D. Auditing: The Provider agrees that at the end of its fiscal year an audit will be

conducted by a certified public accounting firm. After completion of the Audit, a

copy of the Audit report will be filed with the Agency.

10. Provider Debarment, Suspension, and Responsibility Certification.

Federal Regulation 45 CFR 92.35 prohibits the State/Agency from purchasing goods or

services with federal money for vendors who have been suspended or debarred by the

federal government. Similarly, Minnesota Statute, Section 16C.03, subdivision 2

provides the Commissioner of Administration with the authority to adopt rules to debar

and suspend vendors who seek to contract with the Agency. Vendors may be suspended

or debarred when it is determined, through a duly authorized hearing process, that they

have abused the public trust in a serious manner.

By signing this Agreement, the Provider certifies that it and its officers, directors,

owners, partners and persons having primary management or supervisory responsibilities

within a Provider’s business (i.e. it’s general manager; plant manager; head of a

subsidiary division or business segment and similar positions and employees):

A. Are not presently debarred, suspended, proposed for debarment, declared ineligible,

or voluntarily excluded from transacting business by or with any federal, state or local

governmental department or agency; and

B. Have not within a three-year period preceding this Agreement:

1) been convicted of or had a civil judgment rendered against them for commission

of fraud or a criminal offense in connection with obtaining, attempting to obtain

or performing a public (federal, state or local) transaction or contract;

2) violated any federal or state antitrust statutes; or

3) committed embezzlement, theft, forgery, bribery, falsification or destruction of

records, making false statements or receiving stolen property; and

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6

C. Are not presently indicted or otherwise criminally or civilly charged by a

governmental entity for:

1) commission of fraud or a criminal offense in connection with obtaining,

attempting to obtain or performing a public (federal, state or local) transaction;

2) violating any federal or state antitrust statutes; or

3) committing embezzlement, theft, forgery, bribery, falsification or destruction of

record, making false statements or receiving stolen property; and

D. Are not aware of any information and posses no knowledge that any subcontractor(s)

that will perform work pursuant to this contract are in violation of any of the

certifications set for above.

E. Shall immediately give written notice to the Agency through its director should

Provider come under investigation for allegation of fraud or a criminal offense in

connection with obtaining, or performing: a public (federal, state or local

government) transaction: violating any federal or state antitrust statutes; or

committing embezzlement, theft, bribery, falsification or destruction of records,

making false statements or stolen property.

11. Conditions of the Parties’ Obligations.

A. The parties agree that if the Agency fails to receive expected reimbursement from

state and federal sources sufficient to cover the cost of the services provided, the

Agency will terminate this Agreement.

B. This Agreement may be terminated by either party at any time, with or without cause,

upon 30 days’ notice in writing, delivered by mail or in person to the other party’s

designee.

C. The Agency may evaluate the performance of the Provider in regard to terms of this

Agreement to determine whether such performance merits renewal of this Agreement.

D. Any alterations, variations, modifications, or waivers of provisions of this Agreement

will be valid only when they have been reduced to writing, signed by both parties,

and attached to the original of this Agreement.

E. No claim for services furnished by the Provider other than those specifically provided

in the Agreement will be allowed by the Agency, nor must the Provider do any work

or furnish any material not covered by the Agreement, unless this is approved in

writing by the Agency and a written amendment made to this Agreement reflect the

change.

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7

12. Subcontracting.

A. The Provider agrees not to enter into subcontracts for any work contemplated under

this Agreement without written approval of the Agency.

B. All subcontractors must be subject to and must meet all of the requirements of this

Agreement.

C. The Provider agrees to be responsible for the performance of any subcontractor to

ensure compliance to the Agreement and with the terms of this Agreement.

13. Independent Contractor

Nothing in this Agreement is meant to create or establish a co-partner relationship

between the Agency and the Provider. The Agency is and always remains an independent

contractor, and not an agent, representative or employee of the Provider. As an

independent contractor, the Agency is not entitled to any of the rights, privileges or

benefits of employees of the Provider, including but not limited to worker’s

compensation, health/dental benefits, and indemnifications for third-party personal

injury/property damage claims.

14. Noncompliance.

A. If the Provider fails to comply with the provisions of this Agreement, the Agency

may seek any available legal remedy.

B. Either party must notify the other party within 30 days when having reasonable

grounds to believe that this Agreement has been or will be breached in a material

manner. The party receiving such notification will have 30 days, or any other such

period of time as mutually agreed to by the parties, to attempt cure the breach or

anticipatory breach before the complaining party can terminate the Agreement.

15. Limited English Proficiency Requirement.

All Agency Providers, grantees, licensees, and any other public or private individuals

and/or organizations that operate, provide service, or engage in health or social services

programs and activities on behalf of the Agency and receive federal funding, must

comply with the Title IV language access requirements.

The Provider agrees to comply with Federal Civil Rights Compliance requirements for

Title IV including a legal obligation to provide language assistance services to any

person(s) with Limited English Proficiency free of charge and in a timely manner during

all hours of operation.

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16. Term of Agreement

A. The term of this Agreement will be from July 1, 2016 through June 30, 2017

regardless of the date of the signatures. However, this Agreement may be terminated

prior to that date as provided in this Agreement or by mutual agreement of the parties.

This Agreement may also be extended as provided below.

B. The parties agree that this Agreement will be automatically extended for an additional

period up to 90 calendar days from the end date of this Agreement in the event that a

new agreement between the parties is desired but has not been completed and

executed prior to the end date of this Agreement. The purpose of this extension is to

ensure that services will continue to be provided to service clients uninterrupted

during the negotiation of a new agreement. In the event that this Agreement is

extended pursuant to this clause, any change in fees contained in a subsequent

agreement may be made retroactive to the end date of this Agreement by mutual

agreement by the parties in the new agreement.

17. Designees.

A. The designees listed below have the authority to bind the party they represent and

consent to modifications and subcontracts, except that, as to the Agency, the designee

will have only the authority specifically and generally granted by the Nobles County

Board of Commissioners. Notifications required to be provided pursuant to this

Agreement must be provided to the following named persons or their successors.

Each party will promptly notify the other in writing of any changes in its designee

and of that person’s contact information.

B. Notices to the Agency must be directed to

Nobles County Community Services Agency

Attn: Stacie Golombecki, Director

318 9th

Street, P.O. Box 189

Worthington, MN 56187

C. Notices to the Provider must be directed to

New Dawn Inc.

Attn: Terry Morrison

PO Box 324

Fulda MN 56131

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9

18. Entire Agreement.

It is understood and agreed that the entire Agreement of the parties is contained here and

that this Agreement supersedes all oral agreements and negotiations between the parties

relating to the subject matter thereof.

NOBLES COUNTY COMMUNITY NEW DAWN

SERVICES AGENCY

By By____________________________

Chairperson, Nobles County Board New Dawn

Date Date__________________________

By

Nobles County Administrator

Date

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1

Placement Agreement

Between Nobles County Community Services Agency

And Prairie House

Nobles County, by its Nobles County Community Services Agency, 318 9th

Street, P.O. Box

189, Worthington, MN 56187-0189, hereafter referred to as the Agency, and Prairie House, 1111

7th

Avenue, Worthington MN 56187 hereafter referred to as the Provider, enter into this

Agreement.

WHEREAS, the Provider is an organization duly qualified and willing to provide board and

lodging to persons; and

WHEREAS, the Agency, pursuant to Minnesota Statutes, Sections 373.01, 373.02, 253B.045,

and Chapter 256M wishes to have a placement agreement with the Provider and facilitate

payment of group residential housing monies; and

NOW, THEREFORE, in consideration of the mutual understandings and agreements set forth,

the Agency and Provider agree as follows:

1. Provider’s Duties.

A. Board and lodge services will be provided for up to 40 people at 1111 7th

Avenue,

Worthington MN 56187. All beds are subject to this Agreement.

B. Provider will maintain licensure with the Minnesota Department of Health as a board

and lodge facility. Provider will provide the Agency with a copy of the current license

on an annual basis.

C. For each resident (hereinafter “client”), the Provider will upon admission give a

description of the services to be provided and notice of client’s rights as determined

by license parameters and this Agreement. A copy of this document will be provided

to the client and to the Agency.

2. Cost and Delivery Services.

A. The rate for board and lodge services is set by the State of Minnesota and reviewed

on an annual basis. Any cost of living adjustments would be automatically applied to

this Agreement without being deemed to be a material change to the Agreement.

B. Group Residential Housing client assistance is determined on an individual client

basis according to state guidelines and eligibility administered by the Agency.

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2

3. Eligibility for Services.

A. The parties understand and agree that the eligibility of a potential client to receive

Group Residential Housing assistance is to be determined in accordance with

eligibility criteria established by the Group Residential Housing Program

administered by the Agency.

B. The parties understand and agree that preliminary and final client eligibility will be

determined by the Agency.

C. The Agency will notify the client and the Provider when it has been determined that

the client is no longer eligible to receive Group Residential Housing assistance.

4. Payment of Services.

A. The Provider will receive Group Residential Housing assistance payments monthly

from the State of Minnesota for clients who have applied for and have been found to

be eligible for Group Residential Housing assistance.

B. The Provider is responsible for billing the client for services not covered by this

Agreement.

C. Payments for temporary absences may not exceed 60 days per client per calendar

year. Payment to the Provider will continue for up to 18 calendar days per incident

that the client is temporarily absent if the absence has received prior approval from

the Agency. Prior Agency approval is not required if the temporary absence is due to

crisis, illness, or injury, but payment in such cases will also be limited to a maximum

of 18 days.

D. When an overpayment occurs, the Provider will make repayment to the Agency

within 30 days from the date the notice of overpayment was mailed by the Agency. If

the overpayment is not refunded to the Agency within 30 days, the Provider will

immediately be placed in a post pay status. Post pay status will be in place for a

minimum of 12 months. Following a minimum time frame of 12 months and proper

repayment of the overpayment, the Provider may petition the Designee for pre-pay

reinstatement.

5. Audit and Record Disclosure.

A. The Provider must allow personnel of the Agency, the Minnesota Department of

Human Services, and the U.S. Department of Health and Human Services, access to

the Provider’s facility and records at reasonable hours to exercise their responsibility

to monitor services.

B. The Provider must comply with all Minnesota Department of Health policies and

procedures related to their license.

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3

C. The Provider must comply with Agency, Minnesota Department of Human Services,

and Minnesota Department of Health corrections orders within their designated time

frames.

D. The Provider must maintain all records pertaining to the Agreement at the Provider

facility for six years for audit purposes, even after the termination of this Agreement.

6. Safeguard of Information

Neither party will disclose information concerning a client in violation of the Minnesota

Data Practices Act. Both parties will protect Individual Identifiable Health Information

(IIHI) protected under the Federal Health Insurance Portability and Accountability Act

(HIPPA) guidelines. Neither party will disclose any information regarding clients for any

purpose not directly connected with the administration of the Agency’s or the Provider’s

responsibility with respect to the services provided except as authorized in a written

consent of the affected the client, that client’s attorney, or the client’s responsible parent

or legal guardian, or responsible custodian.

The Provider shall establish permitted and required uses and disclosures and will:

A. Appropriately safeguard IIHI.

B. Report any misuse of IIHI.

C. Secure satisfactory assurances from any subcontractor.

D. Grant individuals access and ability to amend their IIHI.

E. Make available an accounting of disclosures.

F. Release applicable records to the Agency or Department of Human Services if

requested.

7. Equal Employment Opportunity and Civil Right and Nondiscrimination.

A. The Provider will comply with the Civil Rights Act of 1964, Title VII (42 USC

2000e); including Executive Order No. 11246, and Title VI (42 USC 2000d); and

the Rehabilitation Act of 1973, as amended by Section 504; Minnesota Statutes

§363A.02; and all applicable federal and state laws, rules, regulations, and orders

prohibiting discrimination on the basis of race, color, religion, age, gender, sexual

orientation, disability, marital status, public assistance status, creed or national

origin with regard to employment, facilities or services with relation to rendering

services provided under this Agreement.

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4

8. Fair Hearing and Grievance Procedures.

The Agency agrees to provide for a fair hearing and grievance procedure in conformance

with Minnesota Statute, section 256.045, and in conjunction with fair hearing and

grievance procedures established by Department of Human Services administrative rules.

9. Bonding, Indemnity and Insurance.

A. Bonding: The Provider will maintain at all times during the term of this Agreement a

fidelity bond or insurance coverage for employee dishonesty. A copy of the

Provider’s bond or insurance certificate shall be delivered to the Agency at the

beginning of the term of this Agreement and annually thereafter if this Agreement is

renewed. Failure to obtain or provide proof of the required coverage will be a basis

for termination of this Agreement or refusal to pay for service provided.

B. Indemnity: Provider will at all times, indemnify and hold harmless the Agency from

any and all liability, loss, damages, costs or expenses which may be claimed against

the Agency or Provider

1) By reason of any client’s suffering bodily or personal injury, death, or property

loss or damage either while participating in or receiving or during the

performance of services under this Agreement, or while on premises owned,

leased, or operated by the Provider, or while being transported to or from said

premises in any vehicle owned, operated by, chartered for or otherwise contracted

for the Provider or any officer, agent, or employee of the Provider,

2) By reason of any client causing injury to or damage to the property of another

person during any time when the Provider, the Provider’s employees, the

Provider’s assignees, or any employee of the Provider’s assignees has undertaken

or is furnishing services under this Agreement, or

3) By reason of any negligent act or omission or intentional act of the Provider, its

employees, agents, officers or assignees which cause bodily injury, death,

personal injury, property loss, or damage to another during the performance of

services provided under this Agreement.

C. Insurance: The Provider agrees at all times during the term of the Agreement, to have

and keep in force a professional liability insurance policy with a minimum coverage

amounts of $1,000,000 per occurrence and $3,000,000 annual aggregate with the

Agency named as an additional insured. Each certificate must include a 10 day notice

of cancellation, non-renewal, or material change to all named and the additional

insured.

D. Auditing: The Provider agrees that at the end of its fiscal year an audit will be

conducted by a certified public accounting firm. After completion of the Audit, a

copy of the Audit report will be filed with the Agency.

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5

10. Provider Debarment, Suspension, and Responsibility Certification.

Federal Regulation 45 CFR 92.35 prohibits the State/Agency from purchasing goods or

services with federal money for vendors who have been suspended or debarred by the

federal government. Similarly, Minnesota Statute, Section 16C.03, subdivision 2

provides the Commissioner of Administration with the authority to adopt rules to debar

and suspend vendors who seek to contract with the Agency. Vendors may be suspended

or debarred when it is determined, through a duly authorized hearing process, that they

have abused the public trust in a serious manner.

By signing this Agreement, the Provider certifies that it and its officers, directors,

owners, partners and persons having primary management or supervisory responsibilities

within a Provider’s business (i.e. it’s general manager; plant manager; head of a

subsidiary division or business segment and similar positions and employees):

A. Are not presently debarred, suspended, proposed for debarment, declared ineligible,

or voluntarily excluded from transacting business by or with any federal, state or local

governmental department or agency; and

B. Have not within a three-year period preceding this Agreement:

1) been convicted of or had a civil judgment rendered against them for commission

of fraud or a criminal offense in connection with obtaining, attempting to obtain

or performing a public (federal, state or local) transaction or contract;

2) violated any federal or state antitrust statutes; or

3) committed embezzlement, theft, forgery, bribery, falsification or destruction of

records, making false statements or receiving stolen property; and

C. Are not presently indicted or otherwise criminally or civilly charged by a

governmental entity for:

1) commission of fraud or a criminal offense in connection with obtaining,

attempting to obtain or performing a public (federal, state or local) transaction;

2) violating any federal or state antitrust statutes; or

3) committing embezzlement, theft, forgery, bribery, falsification or destruction of

record, making false statements or receiving stolen property; and

D. Are not aware of any information and posses no knowledge that any subcontractor(s)

that will perform work pursuant to this contract are in violation of any of the

certifications set for above.

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6

E. Shall immediately give written notice to the Agency through its director should

Provider come under investigation for allegation of fraud or a criminal offense in

connection with obtaining, or performing: a public (federal, state or local

government) transaction: violating any federal or state antitrust statutes; or

committing embezzlement, theft, bribery, falsification or destruction of records,

making false statements or stolen property.

11. Conditions of the Parties’ Obligations.

A. The parties agree that if the Agency fails to receive expected reimbursement from

state and federal sources sufficient to cover the cost of the services provided, the

Agency will terminate this Agreement.

B. This Agreement may be terminated by either party at any time, with or without cause,

upon 30 days’ notice in writing, delivered by mail or in person to the other party’s

designee.

C. The Agency may evaluate the performance of the Provider in regard to terms of this

Agreement to determine whether such performance merits renewal of this Agreement.

D. Any alterations, variations, modifications, or waivers of provisions of this Agreement

will be valid only when they have been reduced to writing, signed by both parties,

and attached to the original of this Agreement.

E. No claim for services furnished by the Provider other than those specifically provided

in the Agreement will be allowed by the Agency, nor must the Provider do any work

or furnish any material not covered by the Agreement, unless this is approved in

writing by the Agency and a written amendment made to this Agreement reflect the

change.

12. Subcontracting.

A. The Provider agrees not to enter into subcontracts for any work contemplated under

this Agreement without written approval of the Agency.

B. All subcontractors must be subject to and must meet all of the requirements of this

Agreement.

C. The Provider agrees to be responsible for the performance of any subcontractor to

ensure compliance to the Agreement and with the terms of this Agreement.

13. Independent Contractor

Nothing in this Agreement is meant to create or establish a co-partner relationship

between the Agency and the Provider. The Agency is and always remains an independent

contractor, and not an agent, representative or employee of the Provider. As an

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7

independent contractor, the Agency is not entitled to any of the rights, privileges or

benefits of employees of the Provider, including but not limited to worker’s

compensation, health/dental benefits, and indemnifications for third-party personal

injury/property damage claims.

14. Noncompliance.

A. If the Provider fails to comply with the provisions of this Agreement, the Agency

may seek any available legal remedy.

B. Either party must notify the other party within 30 days when having reasonable

grounds to believe that this Agreement has been or will be breached in a material

manner. The party receiving such notification will have 30 days, or any other such

period of time as mutually agreed to by the parties, to attempt cure the breach or

anticipatory breach before the complaining party can terminate the Agreement.

15. Limited English Proficiency Requirement.

All Agency Providers, grantees, licensees, and any other public or private individuals

and/or organizations that operate, provide service, or engage in health or social services

programs and activities on behalf of the Agency and receive federal funding, must

comply with the Title IV language access requirements.

The Provider agrees to comply with Federal Civil Rights Compliance requirements for

Title IV including a legal obligation to provide language assistance services to any

person(s) with Limited English Proficiency free of charge and in a timely manner during

all hours of operation.

16. Term of Agreement

A. The term of this Agreement will be from July 1, 2016 through June 30, 2017

regardless of the date of the signatures. However, this Agreement may be terminated

prior to that date as provided in this Agreement or by mutual agreement of the parties.

This Agreement may also be extended as provided below.

B. The parties agree that this Agreement will be automatically extended for an additional

period up to 90 calendar days from the end date of this Agreement in the event that a

new agreement between the parties is desired but has not been completed and

executed prior to the end date of this Agreement. The purpose of this extension is to

ensure that services will continue to be provided to service clients uninterrupted

during the negotiation of a new agreement. In the event that this Agreement is

extended pursuant to this clause, any change in fees contained in a subsequent

agreement may be made retroactive to the end date of this Agreement by mutual

agreement by the parties in the new agreement.

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8

17. Designees.

A. The designees listed below have the authority to bind the party they represent and

consent to modifications and subcontracts, except that, as to the Agency, the designee

will have only the authority specifically and generally granted by the Nobles County

Board of Commissioners. Notifications required to be provided pursuant to this

Agreement must be provided to the following named persons or their successors.

Each party will promptly notify the other in writing of any changes in its designee

and of that person’s contact information.

B. Notices to the Agency must be directed to

Nobles County Community Services Agency

Attn: Stacie Golombecki, Director

318 9th

Street, P.O. Box 189

Worthington, MN 56187

C. Notices to the Provider must be directed to

Prairie House

Attn: Charles Berger

1111 7th

Avenue

Worthington MN 56187

18. Entire Agreement.

It is understood and agreed that the entire Agreement of the parties is contained here and

that this Agreement supersedes all oral agreements and negotiations between the parties

relating to the subject matter thereof.

NOBLES COUNTY COMMUNITY PRAIRIE HOUSE

SERVICES AGENCY

By By____________________________

Chairperson, Nobles County Board Prairie House

Date Date__________________________

By

Nobles County Administrator

Date

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1

Placement Agreement

Between Nobles County Community Services Agency

And Southwestern Mental Health Center

Nobles County, by its Nobles County Community Services Agency, 318 9th

Street, P.O. Box

189, Worthington, MN 56187-0189, hereafter referred to as the Agency, and Southwestern

Mental Health Center PO Box 686, Luverne MN 56156 hereafter referred to as the Provider,

enter into this Agreement.

WHEREAS, the Provider is an organization duly qualified and willing to provide board and

lodging to persons; and

WHEREAS, the Agency, pursuant to Minnesota Statutes, Sections 373.01, 373.02, 253B.045,

and Chapter 256M wishes to have a placement agreement with the Provider and facilitate

payment of group residential housing monies; and

NOW, THEREFORE, in consideration of the mutual understandings and agreements set forth,

the Agency and Provider agree as follows:

1. Provider’s Duties.

A. Board and lodge services will be provided for up to 10 people at Unity House, 1215

4th

Avenue, Worthington MN 56187. All beds are subject to this Agreement.

B. Provider will maintain licensure with the Minnesota Department of Health as a board

and lodge facility. Provider will provide the Agency with a copy of the current license

on an annual basis.

C. For each resident (hereinafter “client”), the Provider will upon admission give a

description of the services to be provided and notice of client’s rights as determined

by license parameters and this Agreement. A copy of this document will be provided

to the client and to the Agency.

2. Cost and Delivery Services.

A. The rate for board and lodge services is set by the State of Minnesota and reviewed

on an annual basis. Any cost of living adjustments would be automatically applied to

this Agreement without being deemed to be a material change to the Agreement.

B. Group Residential Housing client assistance is determined on an individual client

basis according to state guidelines and eligibility administered by the Agency.

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2

3. Eligibility for Services.

A. The parties understand and agree that the eligibility of a potential client to receive

Group Residential Housing assistance is to be determined in accordance with

eligibility criteria established by the Group Residential Housing Program

administered by the Agency.

B. The parties understand and agree that preliminary and final client eligibility will be

determined by the Agency.

C. The Agency will notify the client and the Provider when it has been determined that

the client is no longer eligible to receive Group Residential Housing assistance.

4. Payment of Services.

A. The Provider will receive Group Residential Housing assistance payments monthly

from the State of Minnesota for clients who have applied for and have been found to

be eligible for Group Residential Housing assistance.

B. The Provider is responsible for billing the client for services not covered by this

Agreement.

C. Payments for temporary absences may not exceed 60 days per client per calendar

year. Payment to the Provider will continue for up to 18 calendar days per incident

that the client is temporarily absent if the absence has received prior approval from

the Agency. Prior Agency approval is not required if the temporary absence is due to

crisis, illness, or injury, but payment in such cases will also be limited to a maximum

of 18 days.

D. When an overpayment occurs, the Provider will make repayment to the Agency

within 30 days from the date the notice of overpayment was mailed by the Agency. If

the overpayment is not refunded to the Agency within 30 days, the Provider will

immediately be placed in a post pay status. Post pay status will be in place for a

minimum of 12 months. Following a minimum time frame of 12 months and proper

repayment of the overpayment, the Provider may petition the Designee for pre-pay

reinstatement.

5. Audit and Record Disclosure.

A. The Provider must allow personnel of the Agency, the Minnesota Department of

Human Services, and the U.S. Department of Health and Human Services, access to

the Provider’s facility and records at reasonable hours to exercise their responsibility

to monitor services.

B. The Provider must comply with all Minnesota Department of Health policies and

procedures related to their license.

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3

C. The Provider must comply with Agency, Minnesota Department of Human Services,

and Minnesota Department of Health corrections orders within their designated time

frames.

D. The Provider must maintain all records pertaining to the Agreement at the Provider

facility for six years for audit purposes, even after the termination of this Agreement.

6. Safeguard of Information

Neither party will disclose information concerning a client in violation of the Minnesota

Data Practices Act. Both parties will protect Individual Identifiable Health Information

(IIHI) protected under the Federal Health Insurance Portability and Accountability Act

(HIPPA) guidelines. Neither party will disclose any information regarding clients for any

purpose not directly connected with the administration of the Agency’s or the Provider’s

responsibility with respect to the services provided except as authorized in a written

consent of the affected the client, that client’s attorney, or the client’s responsible parent

or legal guardian, or responsible custodian.

The Provider shall establish permitted and required uses and disclosures and will:

A. Appropriately safeguard IIHI.

B. Report any misuse of IIHI.

C. Secure satisfactory assurances from any subcontractor.

D. Grant individuals access and ability to amend their IIHI.

E. Make available an accounting of disclosures.

F. Release applicable records to the Agency or Department of Human Services if

requested.

7. Equal Employment Opportunity and Civil Right and Nondiscrimination.

A. The Provider will comply with the Civil Rights Act of 1964, Title VII (42 USC

2000e); including Executive Order No. 11246, and Title VI (42 USC 2000d); and

the Rehabilitation Act of 1973, as amended by Section 504; Minnesota Statutes

§363A.02; and all applicable federal and state laws, rules, regulations, and orders

prohibiting discrimination on the basis of race, color, religion, age, gender, sexual

orientation, disability, marital status, public assistance status, creed or national

origin with regard to employment, facilities or services with relation to rendering

services provided under this Agreement.

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4

8. Fair Hearing and Grievance Procedures.

The Agency agrees to provide for a fair hearing and grievance procedure in conformance

with Minnesota Statute, section 256.045, and in conjunction with fair hearing and

grievance procedures established by Department of Human Services administrative rules.

9. Bonding, Indemnity and Insurance.

A. Bonding: The Provider will maintain at all times during the term of this Agreement a

fidelity bond or insurance coverage for employee dishonesty. A copy of the

Provider’s bond or insurance certificate shall be delivered to the Agency at the

beginning of the term of this Agreement and annually thereafter if this Agreement is

renewed. Failure to obtain or provide proof of the required coverage will be a basis

for termination of this Agreement or refusal to pay for service provided.

B. Indemnity: Provider will at all times, indemnify and hold harmless the Agency from

any and all liability, loss, damages, costs or expenses which may be claimed against

the Agency or Provider

1) By reason of any client’s suffering bodily or personal injury, death, or property

loss or damage either while participating in or receiving or during the

performance of services under this Agreement, or while on premises owned,

leased, or operated by the Provider, or while being transported to or from said

premises in any vehicle owned, operated by, chartered for or otherwise contracted

for the Provider or any officer, agent, or employee of the Provider,

2) By reason of any client causing injury to or damage to the property of another

person during any time when the Provider, the Provider’s employees, the

Provider’s assignees, or any employee of the Provider’s assignees has undertaken

or is furnishing services under this Agreement, or

3) By reason of any negligent act or omission or intentional act of the Provider, its

employees, agents, officers or assignees which cause bodily injury, death,

personal injury, property loss, or damage to another during the performance of

services provided under this Agreement.

C. Insurance: The Provider agrees at all times during the term of the Agreement, to have

and keep in force a professional liability insurance policy with a minimum coverage

amounts of $1,000,000 per occurrence and $3,000,000 annual aggregate with the

Agency named as an additional insured. Each certificate must include a 10 day notice

of cancellation, non-renewal, or material change to all named and the additional

insured.

D. Auditing: The Provider agrees that at the end of its fiscal year an audit will be

conducted by a certified public accounting firm. After completion of the Audit, a

copy of the Audit report will be filed with the Agency.

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5

10. Provider Debarment, Suspension, and Responsibility Certification.

Federal Regulation 45 CFR 92.35 prohibits the State/Agency from purchasing goods or

services with federal money for vendors who have been suspended or debarred by the

federal government. Similarly, Minnesota Statute, Section 16C.03, subdivision 2

provides the Commissioner of Administration with the authority to adopt rules to debar

and suspend vendors who seek to contract with the Agency. Vendors may be suspended

or debarred when it is determined, through a duly authorized hearing process, that they

have abused the public trust in a serious manner.

By signing this Agreement, the Provider certifies that it and its officers, directors,

owners, partners and persons having primary management or supervisory responsibilities

within a Provider’s business (i.e. it’s general manager; plant manager; head of a

subsidiary division or business segment and similar positions and employees):

A. Are not presently debarred, suspended, proposed for debarment, declared ineligible,

or voluntarily excluded from transacting business by or with any federal, state or local

governmental department or agency; and

B. Have not within a three-year period preceding this Agreement:

1) been convicted of or had a civil judgment rendered against them for commission

of fraud or a criminal offense in connection with obtaining, attempting to obtain

or performing a public (federal, state or local) transaction or contract;

2) violated any federal or state antitrust statutes; or

3) committed embezzlement, theft, forgery, bribery, falsification or destruction of

records, making false statements or receiving stolen property; and

C. Are not presently indicted or otherwise criminally or civilly charged by a

governmental entity for:

1) commission of fraud or a criminal offense in connection with obtaining,

attempting to obtain or performing a public (federal, state or local) transaction;

2) violating any federal or state antitrust statutes; or

3) committing embezzlement, theft, forgery, bribery, falsification or destruction of

record, making false statements or receiving stolen property; and

D. Are not aware of any information and posses no knowledge that any subcontractor(s)

that will perform work pursuant to this contract are in violation of any of the

certifications set for above.

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6

E. Shall immediately give written notice to the Agency through its director should

Provider come under investigation for allegation of fraud or a criminal offense in

connection with obtaining, or performing: a public (federal, state or local

government) transaction: violating any federal or state antitrust statutes; or

committing embezzlement, theft, bribery, falsification or destruction of records,

making false statements or stolen property.

11. Conditions of the Parties’ Obligations.

A. The parties agree that if the Agency fails to receive expected reimbursement from

state and federal sources sufficient to cover the cost of the services provided, the

Agency will terminate this Agreement.

B. This Agreement may be terminated by either party at any time, with or without cause,

upon 30 days’ notice in writing, delivered by mail or in person to the other party’s

designee.

C. The Agency may evaluate the performance of the Provider in regard to terms of this

Agreement to determine whether such performance merits renewal of this Agreement.

D. Any alterations, variations, modifications, or waivers of provisions of this Agreement

will be valid only when they have been reduced to writing, signed by both parties,

and attached to the original of this Agreement.

E. No claim for services furnished by the Provider other than those specifically provided

in the Agreement will be allowed by the Agency, nor must the Provider do any work

or furnish any material not covered by the Agreement, unless this is approved in

writing by the Agency and a written amendment made to this Agreement reflect the

change.

12. Subcontracting.

A. The Provider agrees not to enter into subcontracts for any work contemplated under

this Agreement without written approval of the Agency.

B. All subcontractors must be subject to and must meet all of the requirements of this

Agreement.

C. The Provider agrees to be responsible for the performance of any subcontractor to

ensure compliance to the Agreement and with the terms of this Agreement.

13. Independent Contractor

Nothing in this Agreement is meant to create or establish a co-partner relationship

between the Agency and the Provider. The Agency is and always remains an independent

contractor, and not an agent, representative or employee of the Provider. As an

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7

independent contractor, the Agency is not entitled to any of the rights, privileges or

benefits of employees of the Provider, including but not limited to worker’s

compensation, health/dental benefits, and indemnifications for third-party personal

injury/property damage claims.

14. Noncompliance.

A. If the Provider fails to comply with the provisions of this Agreement, the Agency

may seek any available legal remedy.

B. Either party must notify the other party within 30 days when having reasonable

grounds to believe that this Agreement has been or will be breached in a material

manner. The party receiving such notification will have 30 days, or any other such

period of time as mutually agreed to by the parties, to attempt cure the breach or

anticipatory breach before the complaining party can terminate the Agreement.

15. Limited English Proficiency Requirement.

All Agency Providers, grantees, licensees, and any other public or private individuals

and/or organizations that operate, provide service, or engage in health or social services

programs and activities on behalf of the Agency and receive federal funding, must

comply with the Title IV language access requirements.

The Provider agrees to comply with Federal Civil Rights Compliance requirements for

Title IV including a legal obligation to provide language assistance services to any

person(s) with Limited English Proficiency free of charge and in a timely manner during

all hours of operation.

16. Term of Agreement

A. The term of this Agreement will be from July 1, 2016 through June 30, 2017

regardless of the date of the signatures. However, this Agreement may be terminated

prior to that date as provided in this Agreement or by mutual agreement of the parties.

This Agreement may also be extended as provided below.

B. The parties agree that this Agreement will be automatically extended for an additional

period up to 90 calendar days from the end date of this Agreement in the event that a

new agreement between the parties is desired but has not been completed and

executed prior to the end date of this Agreement. The purpose of this extension is to

ensure that services will continue to be provided to service clients uninterrupted

during the negotiation of a new agreement. In the event that this Agreement is

extended pursuant to this clause, any change in fees contained in a subsequent

agreement may be made retroactive to the end date of this Agreement by mutual

agreement by the parties in the new agreement.

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8

17. Designees.

A. The designees listed below have the authority to bind the party they represent and

consent to modifications and subcontracts, except that, as to the Agency, the designee

will have only the authority specifically and generally granted by the Nobles County

Board of Commissioners. Notifications required to be provided pursuant to this

Agreement must be provided to the following named persons or their successors.

Each party will promptly notify the other in writing of any changes in its designee

and of that person’s contact information.

B. Notices to the Agency must be directed to

Nobles County Community Services Agency

Attn: Stacie Golombecki, Director

318 9th

Street, P.O. Box 189

Worthington, MN 56187

C. Notices to the Provider must be directed to

Southwestern Mental Health Center

Attn: Scott Johnson

PO box 686

Luverne MN 56156

18. Entire Agreement.

It is understood and agreed that the entire Agreement of the parties is contained here and

that this Agreement supersedes all oral agreements and negotiations between the parties

relating to the subject matter thereof.

NOBLES COUNTY COMMUNITY SOUTHWESTERN MENTAL HEALTH

SERVICES AGENCY CENTER

By By____________________________

Chairperson, Nobles County Board Southwestern Mental Health Center

Date Date__________________________

By

Nobles County Administrator

Date

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“In cooperation with our citizens, we improve the quality of life for individuals,

families and communities by fostering a healthy economy and environment.”

COMMISSIONER BRIEFING Nobles County WIC Program Overview and

Highlights from the May 2016 Management Evaluation Community Services

Time needed - 20 minutes

Discussion: Highlights from the May 2016 WIC Management Evaluation and overview of WIC services in Nobles County. We want to take this opportunity to formally recognize and thank our Nobles County WIC team for the great job they are doing daily in supporting the county’s mission of providing great customer service to our community. The information from the Management Evaluation conducted earlier this year that will be shared with you today is clear evidence of the great work being done by our Nobles County WIC Team! Our WIC Team includes the following staff: Stephanie Ross, RN - WIC Coordinator; Karen Bullerman, RN; Michelle Ebbers, PHN; Jessica Kruse, RN; Jane Feller, PHN; Danielle Smith, RN; Lourdes Garibay, Licia Kenninger, and Jessica Pedersen, Office Support Specialists; and Lisa Palaschak, Accounting Technician.

Lori Ross, RDN State WIC Consultant will also share statewide and local data regarding WIC services in Minnesota.

Recommendation: Information only

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Nobles CountyMinnesota WIC Clinics and Vendors, 2016

For more information, contact: the local WIC Agency at 507-295-5360 orthe Minnesota WIC Program at 1-800-657-3942This institution is an equal opportunity provider.Sept. 2016

Mahnomen

Nobles County Community ServicesI-90

US Hw

y 59

State

Hwy 9

1 State Hwy 266

State Hwy 62

State Hwy 60

State

Hwy 2

64

Marke

tI-90

State Hwy 91

²· Approved WIC Vendor, 2016

WIC Clinic, 2016

0 6 123 Miles

Ü

.0 150 30075 Miles

Data collected in WIC clinics in counties of residence shown.Source: Minnesota WIC Information System, 2015.

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“In cooperation with our citizens, we improve the quality of life for individuals,

families and communities by fostering a healthy economy and environment.”

“Looking forward with purpose”

To: Board of Commissioners From: Tom Johnson, County Administrator Date: September 20, 2016 Subject: Items Requiring Board Action

7.1 County Veterans Service Office Operational Enhancement Grant – Resolution 201647

Consider adopting Resolution 201647 to authorize Bill Brockberg, Veterans Service Officer, and Tom Johnson, County Administrator, to sign on behalf of Nobles County, the attached Grant Contract for the Veterans Service Office Operational Enhancement Grant Program. (Attachment)

7.2 FY2017 Snowmobile Maintenance Grant Agreement Consider authorizing the Board Chair and County Administrator to sign, on behalf of Nobles County, a Snowmobile Maintenance and Grooming Grant Agreement in the amount of $38,253.60 with the State of Minnesota Commissioner of Natural Resources for 2017. (Attachment)

7.3 2016 Boards, Committees & Commissions – Citizen Appointment

Consider reappointing Rolf Mahlberg to a three year term expiring October 31, 2019 on the Okabena Ocheda Watershed Board of Managers. (Attachment)

*The vacancy was advertised and no other applications were received. 7.4 2017 Budget A. Preliminary Budget Highlights

Please see the attached summary. (Attachment). B. 2017 Not To Exceed Levy

Consider setting the not to exceed, proposed tax levy for collection in 2017; and further, to direct the County Administrator to certify the amounts with the County Auditor. (Attachment)

C. 2017 Budget Public Meeting

At the first meeting of 2016, it was passed to change the December 6th meeting to December 8th to begin at 3:00 p.m. with the intent to hold the 2017 Budget Public Meeting after. Consider setting the 2017 Budget Public Meeting for 6:00 p.m. on Thursday, December 8th, 2016.

ADMINISTRATION Phone: 507-295-5201

Fax: 507-372-8363 [email protected]

315 Tenth Street P.O. Box 757 Worthington, MN 56187-0757

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RESOLUTION 201647 OF NOBLES COUNTY

BE IT RESOLVED by the Nobles County Board of Commissioners that the County enter

into the attached Grant Contract with the Minnesota Department of Veterans Affairs (MDVA) to

conduct the following Program: County Veterans Service Office Operational Enhancement Grant

Program. The grant must be used to provide outreach to the county’s veterans; to assist in the

reintegration of combat veterans into society; to collaborate with other social service agencies,

educational institutions, and other community organizations for the purposes of enhancing

services offered to veterans; to reduce homelessness among veterans; and to enhance the

operations of the county veterans service office, as specified in Minnesota Laws 2015 Chapter 77,

Article 1, Section 37, Subdivision 2. This Grant should not be used to supplant or replace other

funding.

BE IT RESOLVED by the Nobles County Board of Commissioners, that Bill Brockberg,

the County Veterans Service Officer, and Tom Johnson the County Administrator be authorized

to execute the attached Grant Contract for the above-mentioned Program on behalf of the County.

WHEREUPON the above resolution was adopted at the Regular Meeting this 20th day of

September, 2016.

_____________________________________________ _________________

Bill Brockberg, Nobles County Veterans Service Officer Date

CERTIFICATION

STATE OF MINNESOTA )

(SS

COUNTY OF NOBLES )

I, Tom Johnson, County Administrator of said County of Nobles, do hereby certify that I

am the custodian of the minutes of all proceedings had and held by the Nobles County Board of

Commissioners of said Nobles County, that I have compared the above resolution with the

original passed and adopted by the Board of Commissioners of said Nobles County at a Regular

Meeting thereof held on the 20th day of September, 2016 at 9:00 a.m., that the above constitutes a

true and correct copy thereof, that the same has not been amended or rescinded and is in full force

and effect.

IN WITNESS WHEREOF, I have hereunto placed my hand and signature this ______ day of

_______________, 2016, and have hereunto affixed the seal of the County.

___________________________________

Tom Johnson, County Administrator (SEAL)

Nobles County, Minnesota

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“In cooperation with our citizens, we improve the quality of life for individuals,

families and communities by fostering a healthy economy and environment.”

“Looking Forward with Purpose”

COMMISSIONER BRIEFING

MN DNR Snowmobile Maintenance Grant - Agreement Administration Tom Johnson

5 min.

Issue:

Nobles County is the sponsor for the Nobles County Snowmobile Trails/Frosty Riders Inc. to receive state funds for trail maintenance. Nobles County has received the FY 2017 Snowmobile Maintenance Grant Agreement for the grant totaling $38,253.60.

Discussion:

The Frosty Riders Snowmobile Club must be sponsored by the County to receive state funds for trail maintenance. There is a County/Club Trail Agreement in effect indefinitely, unless terminated by law or according to the provisions of the agreement.

Options: Approve the grant agreement for the County to act as the pass-through agency for funding to the Frosty Riders Snowmobile Club from the DNR as required by the State of Minnesota.

Recommendation: Staff recommends authorizing the Board Chair and County Administrator to sign, on behalf of Nobles County, a Snowmobile Maintenance and Grooming Grant Agreement in the amount of $38,253.60 with the State of Minnesota Commissioner of Natural Resources for 2017.

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2016 NOBLES COUNTY

BOARDS AND COMMITTEES

COMMUNITY SERVICES ADVISORY COMMITTEE: (15 members) (Terms are 2 yrs expiring December 31 - Not to Exceed 3 consecutive Terms) Deb Meyer, Worthington Provider Service/Health 2016 Vacant Provider Service/Health 2015 Vacant Provider Service/Health 2015 Vacant Consumer Representative/Health 2013 Vacant Provider Service/Human Service 2015 Scott Johnson, Sioux Falls Provider Service/Human Service 2016 Vacant Consumer Service/Health 2016 Jeff McNickle Consumer Representative/Human Service 2016 Vacant Consumer Representative/Human Service 2013 Vacant Consumer Representative/Human Service 2013 David Benson Corrections 2017 Vacant At Large/Health 2014 Pam Deuel At Large/Health 2017 Amna Bashir Arabi At Large/Human Service 2018 Vacant At Large/Human Service 2015

DEVELOPMENTAL ACHIEVEMENT CENTER:

(Terms 3 years expiring December 31) Stacie Golombiecki, Worthington 2018 Doug White, Fulda 2018 Paul Larson, Worthington 2018 Marcia LaVelle, Worthington 2016 Sally Ann Johnson, Worthington 2016 Dolores Ella, Worthington 2017 James Elsing (unexpired term) 2017

Amy Woitalewicz, Worthington 2017 Robert Demuth, Jr., Worthington(Representation as required by law)

EMERGENCY MANAGEMENT PLANNING ADVISORY COMMITTEE: (Terms 3 years expiring December 31)

OFFICERS: Jennifer Weg, Worthington (Health Care) Dec. 2018 Kent Wilkening, Worthington (Law Enforcement) Dec. 2018 Molly Getzel, Brewster (Hazardous Materials) Dec. 2018 Steve Schnieder, Worthington (Public Works) Dec. 2016 Terri Janssen, Worthington (Public Health) Dec. 2016 Nancy Veen (Public Safety Supervisor) Dec. 2016 Rick vonHoldt, Worthington (Fire Services) unexpired term Dec. 2017 David McNab, Brewster (Emergency Medical Services) Dec. 2017 Tom Johnson, Worthington (Government Administration) Dec. 2017 EX OFFICIO MEMBERS: Don Linssen (County of Nobles) Marv Zylstra (County of Nobles) Joyce Jacobs (Emergency Management)

Purple-Not eligible for reappt.

Green-Not interested in reappt.

Yellow-Interested in reappt.

Blue-Vacant

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EXTENSION COMMITTEE: (Terms 3 years expiring December 31)

Julie Buntjer, Worthington 2018 Thi Synavone, Worthington 2018 Joyce Soderholm, Worthington 2016 Brenda Baerenwald, Brewster 2016 Renee Bullerman, Adrian 2017 Kile Behrends, Worthington 2017 Matt Widboom, Worthington Marv Zylstra, Worthington Beth Van Hove, Auditor-Treasurer

(Six members at large, plus two County Commissioners and County Auditor, total 9 Voting Members.) HERON LAKE WATERSHED BOARD OF MANAGERS:

(Terms 3 years expiring February 14) Gary P. Ewert, Worthington (Nobles County) 2019 Bruce Leinen, Fulda (Nobles County) 2018 EX OFFICIO: Marv Zylstra, Worthington

JOINT AIRPORT ZONING BOARD: Appointed 3-22-11 (Indefinite term) Jim Arnt, Worthington Duane Schmitz, Brewster JOINT PLANNING COMMISSION (JT JURISDICTIONAL): (Terms 3 years expiring December 31) Tom Wiese, Round Lake (Lorain Twp.) 2018 Duane Schmitz, Brewster (Lorain Twp.) 2016 Matt Widboom, Worthington (County) 2017 Robert Demuth Jr., Worthington (County) 2018 Diane Graber, Worthington (City) 2016 Scott Nelson, Worthington (City) 2017 Dennis Selberg, Worthington (Wgtn. Twp.) 2018 Troy Wietzema, Worthington (Wgtn. Twp.) 2016 (Eight members, two from each local unit of government. Ex-officio members: Co. Planning & Zoning Administrator, City Planning & Zoning Administrator and County Attorney) JOINT POWERS TRANSIT AUTHORITY:

Donald Linssen, Worthington Marv Zylstra, Worthington County Administrator

KANARANZI-LITTLE ROCK WATERSHED BOARD OF MANAGERS:

(Terms 3 years expiring October 7) Coleen Gruis, Rushmore (Nobles County) 2017 Jerry Brake, Wilmont (Nobles County) 2017 Layton Gruis, Adrian (Nobles County) 2018 Tim Taylor, Adrian (Nobles County) 2019 EX OFFICIO: Gene Metz, Lismore

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LIBRARY BOARD: (Terms 3 years expiring June 30)

Katherine Craun, Worthington (District 5) 2019 Peg Faber, Adrian (At-large) 2019 Rita Domagala, Adrian (District 2) 2017 Susan Hansberger, Worthington (District 4) 2018 Charlene Wintz, Round Lake (District 1) 2018 Mary Larson, Worthington (District 3) 2018 Katherine Craun, Worthington (District 5) 2019 Peg Faber, Adrian (At-large) 2019 Gene Metz, Lismore (At-large)

(One member from each Commissioner District plus two members appointed at large. Members may serve 3 – 3 year terms) OKABENA-OCHEDA WATERSHED BOARD OF MANAGERS:

(Terms 3 years expiring October 31) Rolf Mahlberg, Worthington 2016 Jeff Rogers, Worthington 2017 Casey Ingenthron, Worthington 2017 Lester Johnson, Worthington 2018 Jay Milbrandt, Worthington 2018 EX OFFICIO: Robert Demuth, Jr., Worthington

PARK BOARD:

(Terms 3 years expiring January 31) Steve Prins, Worthington (At-large) 2019 Vacant (District III) 2016 Tom Ahlberg, Worthington (District IV) 2017 Gary Hibma, Brewster (District I) 2017 Milo Hawkinson, Worthington (District IV) 2018 Jeff McNickle, Worthington (District V) 2018 EX OFFICIO: Donald Linssen, Worthington

(One from each Commissioner District plus one member appointed at large) PERSONNEL BOARD OF APPEALS:

(Terms 3 years expiring December 31) Jenny Andersen, Worthington 2018 Scott Hain, Worthington (unexpired term) 2016 Katie Meyer, Worthington 2017

PLANNING ADVISORY COMMISSION:

(Terms 3 years expiring December 31) Ronald Ozmun, Worthington (District IV) 2018 John Penning, Wilmont (District II) 2018 Duane Schmitz, Brewster (District I) 2018 Michael Hoeft, Reading (District I) 2016 Gerald Erstad, Worthington (District IV) 2016 Steve Brake, Wilmont (District II) 2016

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PLANNING ADVISORY COMMISSION: (continued)

Larry Boots, Worthington (District IV) 2016 David Thier, Rushmore (District III) 2017 Richard Schlichte (District IV) 2017 Coleen Gruis 2017 Robert Demuth Jr., Worthington (Commissioner)

(Ex Officio Members: County Attorney and Zoning Officer) (Shall consist of 11 members of which two shall be appointed from each Commissioner District and one shall be a County Commissioner.) REVOLVING LOAN FUND REVIEW COMMITTEE: (Terms 2 years expiring August 31)

Jim Nickel, Worthington (Citizen) 2017 James Elsing, Worthington (Citizen) 2018 Raymond Konz, Adrian State Bank (Financial Institution-Greater Nobles Co.) 2017 Doug Tate, Worthington Federal (Financial Institution-Worthington) 2018 (EX OFFICIO: WREDC Manager, CHAIR: County Administrator, 2 – Commissioners 2 - WREDC Appts,

ROCK-NOBLES COMMUNITY CORRECTIONS EXECUTIVE BOARD (Terms 3 years expiring January 31)

Robert Demuth, Jr., Worthington (Commissioner) Matt Widboom, Worthington (Commissioner) Mike Harmon, Worthington (Public) 2018 David Benson, Bigelow (Public) 2018

(Members 4 from Nobles and 3 from Rock) SOUTHWESTERN MENTAL HEALTH CENTER - BOARD OF DIRECTORS

(Terms 3 years expiring December 31) David Benson 2018 Matt Widboom, Worthington, Commissioner Robert Demuth, Jr., Worthington, Commissioner

TRAVEL SOUTHWEST MINNESOTA, INC:

(Terms 3 years expiring December 31) Nancy Vaske, Worthington 2018 Darlene Macklin, Worthington 2016 Roxann Polzine, Brewster 2017

ZONING BOARD OF APPEALS:

(Terms 3 years expiring December 31) Bruce Lease, Worthington (District IV) 2018 Paul Schilling, Worthington (District IV) 2018 Duane Schmitz, Brewster (District I) 2016 Byron Swart, Worthington (District I) 2017 Brent Feikema, Lismore (unexpired term) (District II) 2017

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Page 5 Revised 9/06/2016

NOT APPOINTED BY THE COUNTY: NOBLES COUNTY FAIR ASSOCIATION:

OFFICERS: Lynn Darling, President Ron McCarvel, Vice President

Karla Talsma, Secretary

BOARD OF DIRECTORS: Harold Wietzema Jim Kramer, Jr. Tommy Thompson Corey Gronewold Tom Bullerman Randy Bullerman Scott Rose

NOBLES COUNTY HISTORICAL SOCIETY:

OFFICERS: Jacoba Nagel, President Marvin Luinenburg, Vice President Margaret Erickson, Secretary Art Frame, Treasurer

BOARD OF DIRECTORS: David Benson Shari Nelson Eldon Kruse Gene Metz Al Langseth

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“In cooperation with our citizens, we improve the quality of life for individuals,

families and communities by fostering a healthy economy and environment.”

“Looking forward with purpose”

TO: Nobles County Board of Commissioners

FROM: Tom Johnson, County Administrator

DATE: 15 SEPTEMBER 2016

SUBJECT: 2017 Proposed Budget, NTE Summary

The Budget Committee has met with all department heads to review each of their proposals for the 2017

budget year. A work session was held with all five commissioners present to review the budget

proposals resulting from those meetings. I am pleased to present the primary elements of the budget as

proposed in order to allow the board to certify the not to exceed levy for 2017. In addition, we will set

the date, time and location for a public meeting to discuss the proposed 2017 budget and tax levy and to

provide the public an opportunity to comment on the proposed 2017 budget. Additional meetings will be

held over the coming weeks to develop the final budget proposal for adoption in December.

� Proposed Tax Levy:

o The preliminary tax levy for 2017 has been developed over the past three months through

the efforts of staff, the budget committee and the full board. The board will continue

reviewing budget the proposed budget to further refine the requests of the departments.

� County Program Aid:

o CPA for 2017 is set at $656,552, of which two thirds is planned in the Public Works fund

and one third is in the general fund at this time. This aid is a combination of ‘County

Need Aid’ (a population based calculation) set at $372,560 and ‘Tax Base Equalization

Aid’, (based on social service factors) set at $283,992. For 2017 this is an increase of

more than $280,000 over 2016.

� County Disparity Aid

County Disparity Aid is set at $72,575 for 2017.

� Wind Energy Tax Revenue:

o The tax from wind energy production across the county is expected to continue through

2017 at essentially the same rate as 2016. Based on this it is estimated more than

$900,000 in revenue, and is included in the Building Fund account.

ADMINISTRATION Phone: 507-295-5201

Fax: 507-372-8363 [email protected]

315 Tenth Street P.O. Box 757 Worthington, MN 56187-0757

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� Debt service:

o With no new activity in debt service, only minimal change results from reduced interest

costs based on lower principal amounts for the two PJC bonds.

� MCIT Insurance:

o Each year MCIT calculates contributions based on risk and historical claims. Dividends

are based on actual pool use by all included counties and actual payouts. The 2017

contribution has a decrease for both Property/Casualty to $164,516 and Workers

compensation to $131,940 for an overall decrease of $_____. Our annual dividend is

expected to remain stable if no significant claims are made.

� Wheelage Tax Revenue:

o The County will continue with charging the wheelage tax and Public Works will utilize

the funds estimated at just more than $200,000 for projects.

� General Fund:

o There are three primary needs affecting the proposed general fund budget request;

� 1) staff salaries and health insurance %,

� 2) new staff,

� 3) IT related leases

� Public Works:

o A decrease in both projects and related revenue result in a net increase of just over 3% to

the levy.

� Community Services:

o The department is also recording a decrease for both expenses and revenue resulting in a

net levy impact of a near 4% increase.

� Sales Tax Exemption:

o This exemption continues and is expected to save the county approximately $40,000 for

the 2017 fiscal year.

� Tax forfeited property:

o $100K is included to allow for maintenance of the properties and demolition of structures

as needed.

� Armory:

o The armory is budgeted at a level to have no net impact on the budget or levy.

� Appropriations to other Agencies:

o A number of agencies which historically receive funding appropriations have requested

increases in funding, the proposed budget includes small increase for A.C.E. only and no

appropriations are included at this time for the two new requests from Drug Court or

Project Morningstar.

� Cost of Living Adjustment (COLA):

o With five of the seven bargaining unit contracts completed, COLA is input in the budget

at 2.5% for 2017.

� Staffing Requests:

o Of the numerous staff requests from several departments, 5.5 new FTE positions are

currently included in the proposed NTE budget are:

� 3 FTE's for Corrections Officers to assist with court security.

� 0.5 FTE in Community Services, to help with the increased work of METS

(MNSure) and additional reporting requirements.

� 1 FTE for ditch administration.

� 1 FTE for the Assessor Department.

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� 2 additional seasonal workers, 1 in Public Works and one in the Recorders Office.

� Insurance:

o Health insurance is increasing by 13.1% for 2017. The proposed budget includes funds

equivalent to the county accepting 100% of the increase, equivalent to approximately a

1.3% levy impact.

Numerous adjustments continue to be made in departments to better reflect expenses being more

accurately described based on GFOA (Government Finance Officers Association) standards.

The net result of efforts to develop the 2017 budget is a proposed 5.98% increase in the tax levy over

2016 for the NTE resolution, and, a commitment to continue to identify ways to reduce that number

prior to final budget approval in December.

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2017 Budget Summary by Fund

2016 Budget 2017 BudgetExpense Revenue Levy Expense Revenue Levy

General Govt. 10,170,810 (3,284,867) (6,885,943) 10,679,752 (3,403,194) (7,276,558) 5.67%

Public Works 13,221,100 (12,145,069) (1,076,031) 12,534,568 (11,426,177) (1,108,391) 3.01%

Community Svcs 7,910,111 (5,092,112) (2,817,999) 8,020,478 (5,095,789) (2,924,689) 3.79%

Corrections 179,286 0 (179,286) 182,000 0 (182,000) 1.51%

Building 832,096 (832,096) 0 1,213,346 (1,013,346) (200,000) 0.00%

Library 555,019 (9,925) (545,094) 574,317 (9,925) (564,392) 3.54%

Ditch 0 0 0 0 0 0 0.00%

Forfeited Property 117,000 0 (117,000) 117,000 0 (117,000) 0.00%

Debt Service 1,386,625 (199,936) (1,186,689) 1,388,475 (187,147) (1,201,328) 1.23%

Total 34,372,047 (21,564,005) (12,808,042) 34,709,936 (21,135,578) (13,574,358) 5.98%

2017 General Levy (12,373,030) (128,080)

2017 Bonds & Indebtedness (1,201,328) (300,000)

Total Proposed Payable 2017 Levy (13,574,358) (766,316)

Amount Percent Levy

Reducing Expenses in the amount of (128,080)$ (64,029)$ 5.48% (13,510,329) (702,287)

Results in about a 1% reduction of (128,080)$ 4.98% (13,446,278) (638,236)

the Levy increase. The table at the (192,121)$ 4.48% (13,382,237) (574,195)

right shows the dollar amount of (256,161)$ 3.98% (13,318,197) (510,155)

reductions of the presented (320,201)$ 3.48% (13,254,157) (446,115)

budget in 1/2% increments. (384,241)$ 2.98% (13,190,117) (382,075)

Reduce Levy by 10% (448,281)$ 2.48% (13,126,077) (318,035)

General Govt.

54%

Public

Works

8%

Community Svcs

22%

Corrections

1%

Building

1%

Library

4%

Forfeited Property

1%

Debt Service

9%

2017 Tax Levy by Fund

Copy of 2017 Budget Sept 2 IFS ver2.xlsx

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RESOLUTION 201648

On a motion by _______________ and seconded by_______________, it was duly passed to adopt the following; not to exceed, proposed tax levy for collection in 2017; and further, to direct the County Administrator to certify these amounts with the County Auditor. 2017 General Levy $__________ 2017 Bonds & Indebtedness $__________ Total Proposed Payable 2017 Levy $__________

In Favor: Opposed:

CERTIFICATION

STATE OF MINNESOTA ) (ss COUNTY OF NOBLES ) I, Tom Johnson, County Administrator of said County of Nobles, do hereby certify that I have compared the foregoing copy with the original resolution adopted by the County Board on the 20th day of September, 2016, and now remaining on file and of record in my office and that the same is a correct transcript and of the whole of such original.

Witness my hand and official seal this

day of ,

2016.

SEAL

Tom Johnson, County Administrator Nobles County, Minnesota

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FIRST DISTRICT SECOND DISTRICT THIRD DISTRICT

Marvin Zylstra Gene Metz Matt Widboom

FOURTH DISTRICT FIFTH DISTRICT

Robert Demuth Jr. Donald Linssen

“In cooperation with our citizens, we improve the quality of life for individuals,

families and communities by fostering a healthy economy and environment.”

“Looking forward with purpose”

COUNTY BOARD - PROPOSED ADDENDUM TUESDAY, SEPTEMBER 20, 2016

7.0 Administration Presentations 7.5 Public Works Roof Replacement (Action)

BOARD OF COMMISSIONERS

Phone: 507-295-5201 Fax: 507-372-8363

[email protected]

315 Tenth Street P.O. Box 757 Worthington, MN 56187-0757

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“In cooperation with our citizens, we improve the quality of life for individuals,

families and communities by fostering a healthy economy and environment.”

“Looking Forward with Purpose”

COMMISSIONER BRIEFING

Public Works Roof Replacement Select contractor Administration Tom Johnson

10 min.

Issue:

A portion of the roof at Public Works is badly in need of replacement.

Discussion:

The truck storage garage and wash bay was constructed in 1973 and the original roof is still in place. The roof has served the building very well but is now delaminating and bubbling to a point where repair is not practical. The project consists of removing all flashing and roofing materials to the metal deck, improving insulation to local standards, and a fully adhered membrane roof. Only two responses were received, from Laraway Roofing of New Ulm, MN and ARS (Architectural Roofing and Sheetmetal, Inc.) of Sioux Falls, SD. An alternate was requested to increase the warranty from 20 years to 30 years which required increasing the thickness of the membrane from 60 mils to 90 mils and an improved insulation base. Bids: Base with Alternate Laraway $60,340 $65,700 ARS $35,025 $47,090 Asbestos has been found in the perimeter flashing and will need to be abated properly. We are currently getting proposals for that and will need a coordinated effort on this project.

Options: 1) Approve contracting with ARS as the lowest responsible bidder, with or without including the

alternate. 2) Delay the project

Recommendation: Administration recommends the selection of ARS for the project including the alternate for a sum of $47,090 and authorize the Administrator to sign an agreement with ARS for the services.

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Heron Lake Watershed District Regular Meeting July 19, 2016

1. Call to Order Jim Buschena called the meeting to order at 8:00 p.m. Managers present: Jim Buschena, Wayne Rasche, Gary Ewert, and Harvey Kruger Manager absent: Bruce Leinen Staff: Erin Nordquist, Catherine Wegehaupt, Chloe Evenson, Cole Sinnamon, and Jan Voit Others: Rose Schultz, Jackson County; Wayne Drealan, Drealan, Kvilhaug, Hoefker, and Company; Dave Thiner, Murray County; Mona Henkels, Murray SWCD; Kevin Stevens, Cottonwood County; and Jerry Christopherson

2. Agenda Wayne Rasche made a motion to approve the agenda. Gary Ewert seconded this. Motion carried unanimously.

3. 2015 Audit Report Wayne Drealan, Drealan, Kvilhaug, Hoefker, and Company (DKH and Co.) presented the 2015 financial statement, which included an explanation of the income, expenditures, decrease in net position, and the Public Employees Retirement Association (PERA) unfunded liability accounting changes for 2015. DKH and Co. is able to give a clean, unqualified audit opinion in relation to the overall audit.

There was a very significant change in the accounting standard relating to PERA for 2015. The HLWD was required to adopt Governmental Accounting Standards Board (GASB) Statement No. 68, Accounting and Financial Reporting for Pensions – an Amendment of GASB Statement No. 27 for the year ended December 31, 2015. This standard necessitated identifying the long-term obligation to cover the pension benefits of all employees enrolled in this program.

Reports indicate that on a statewide basis the projected benefit payments are underfunded by approximately 15 percent. The HLWD’s unfunded portion is approximately 15 percent of $114,015, which is $17,102. Contributions are locked at a rate set by the legislature. Investment returns are through bonds and the stock market, which has been subject to volatility and not a high return percentage. There are no current legislative plans to increase the contribution rates for agencies or personnel. At some point the legislature will have to address the funding through contribution increases.

The recordkeeping provided to DKH and Co. is excellent. The information is modified for accrual adjustments for accounts payable and receivable. The general operating budget is consistent. The comparison of the general operating budget with expenditures is good. It reflects the tax levy funding was utilized for the operating budget. The grant costs were higher in 2015, which brought the overall fund balance down.

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Wayne also provided the representation letter, which requires signatures from the HLWD once the audit report is approved. The required reporting form will also be completed and submitted to the Office of the State Auditor.

Wayne Rasche made a motion to approve the 2015 audit report. Gary Ewert seconded this. Motion carried unanimously.

4. Quarterly Meeting with Commissioners Rose Schultz talked about two large ditch improvement projects in Sioux Valley Township. One of the systems encompasses 23,000 acres with an estimated 60 miles of tile and three proposed holding ponds. She also said that the county is in the process of filing an amendment on Ditch 124 because of discrepancies in the benefits.

Kevin Stevens said that they are continuing to have discussion about buffer strips and are encouraged to attend meetings to learn the latest. His term, and that of Norm Holmen, are up. Both of them are running again. The county will be sponsoring active shooter response training for all employees. A new public warning system will be installed by the end of the month. New playground equipment was installed at Talcot Lake County Park.

Dave Thiner said that they have been doing much of the same as the other counties – buffers and ditches. A system that was started in 2014 was just finished. The county is in litigation with Cottonwood County over a ditch system. There are still lots of weeds in the Fulda Lake and county park usage is down about a third of what it had been in past seasons.

5. Minutes Gary Ewert made a motion to approve the minutes of the June 28, 2016 regular meeting. Harvey Kruger seconded this. Motion carried unanimously.

6. Treasurer’s Report Jan Voit presented the treasurer’s report and bills payable. Harvey Kruger made a motion to approve the treasurer’s report. Jim Buschena seconded this. Motion carried unanimously.

7. 2017 Preliminary Budget Hearing Notice Discussion was held regarding a comparison of expenditures per category over the last five years, funds in each category, and the possible need for more education funds. The survey and data acquisition fund can be utilized only once every five years and the fund balance cannot exceed $50,000.

Wayne Rasche made the following motion. PLEASE TAKE NOTICE that the Board of Managers of the Heron Lake Watershed District (HLWD) proposes to adopt the following budget for the year 2017 in accordance with Minnesota Statutes 103D.905 Subdivision 3 and Subdivision 8.

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103D.905 Subdivision 3BMP Implementation 97,686.81 Surface Water Monitoring 8,892.95 Impaired Waters and TMDL 19,682.66 Regulatory and Permits 2,389.32 Public Drainage System Managemen 3,385.82 General Operations 69,597.05 Education 48,365.40 Subtotal 250,000.00

103D.905 Subdivision 8Survey and Data Acquisition Fund 50,000.00

Total 300,000.00

A hearing on the foregoing shall be held by the board of managers on the 23rd day of August, 2016 at 8:00 p.m. at the Heron Lake Community Center located at 312 10th Street in the City of Heron Lake, Minnesota.

Harvey Kruger seconded this. Motion carried unanimously.

8. Nobles Soil and Water Conservation District (SWCD) Funding Request Discussion was held regarding the funding request for the Environmental Fair. Okabena-Ocheda Watershed District contributed $100. Kanaranzi-Little Rock Watershed District is providing transportation for the schools in their district. Discussion was held regarding their funding need compared to contributions. Harvey Kruger made a motion to commit $250 to the Environmental Fair. Jim Buschena seconded this. Motion carried unanimously.

9. Pickup Bids No bids were received for the pickup. The advertisement will again be placed in the Tri County News and Daily Globe.

10. Reports District Administrator

Jan Voit reported on the 2017 proposed budget, Jackson County Judicial Ditch (JD) #19, Project 6, Board of Water and Soil Resources (BWSR) Listening/Discussion Session, Swessinger Tract, Clean Water Fund Request for Proposals, final and semi-annual reports, HACH meter and probes, financial information, website, Water Management Partners Workshop, Jackson County JD #30, Ag Awareness Event, Regional Buffer Workshops, clothing, and the August meeting date.

Wayne Rasche gave an update on the water quality workshop that was held in Clear Lake, Iowa on July 14, 2016. Discussion was held regarding possible new laws, bioreactors, enforcement, nitrate levels, and the timeframe for a decision by the Iowa Supreme Court.

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Watershed Technician Catherine Wegehaupt provided information on the streambank stabilization projects and spot spraying done in partnership with the Minnesota Conservation Corps, Kolander project, and reports.

Watershed Coordinator Erin Nordquist gave an update on the story maps project, stressor ID sampling, Jackson County feedlot inspections, and secchi tube surveys on Jack Creek and Lime Creek.

Catherine Wegehaupt gave a PowerPoint presentation summarizing the 2015 water quality results. Discussion was held regarding rainfall effects on the data collected. Flow weighted mean concentrations are used to take those into account.

Discussion was held regarding the nitrate levels on Jack Creek and Okabena Creek. The City of Worthington is not a contributing factor to the higher levels on Okabena Creek. Some possible reasons may be excessive rainfall, nitrates in the soil, or more tile installed in that subwatershed. Okabena Creek is much straighter than Jack Creek, which could also be a factor.

11. Adjournment The meeting adjourned at 9:24 p.m. Harvey Kruger Secretary

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“In cooperation with our citizens, we improve the quality of life for individuals,

families and communities by fostering a healthy economy and environment.”

“Looking forward with purpose” TO: Board of Commissioners FROM: County Administration DATE: September 13, 2016 SUBJECT: Recruitment Update 1) Deputy Sheriff (Sheriff-PT/Int) Requested: 10/26/15-12/24/15 Board Approved: 01/05/16-01/05/16 Posted: 10/29/15-/1/8/16 Closes: Open until filled Status: 2) Community Health Worker (Community Service) Requested: 07/29/16 Board Approved: 01/05/16 Posted: 08/02/16 Closes: 08/17/16 Status: Background check being completed 3) Accountant (Finance) Requested: 08/02/16 Board Approved: 08/02/16 Posted: 08/03/16 Closes: First review 08/19/16,open until filled Status: Background check being completed 4) Correctional Officer (Sheriff-FT) Requested: 08/17/16 Board Approved: 01/05/16 Posted: 08/18/16 Closes: 08/30/16 Status: Background check being conducted

ADMINISTRATION INTEROFFICE

MEMORANDUM

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5) Engineering Aide/Technician (Public Works) Requested: 07/26/16 Board Approved: 01/05/16 Posted: 08/03/16 Closes: First review 08/26/16 open until filled Status: 6) Deputy Sheriff (Sheriff-FT) Requested: 08/10/16 Board Approved: 01/05/16 Posted: 08/10/16 Closes: First review 08/29/16 open until filled Status: 7) Assessment Technician/Property Appraiser (Assessor) Requested: 07/27/16 Board Approved: 01/05/16 Posted: 08/03/16 Closes: First review 08/19/16 open until filled Status: Background check being completed

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Minutes of the regular meeting of the Board of Directors of Southwestern Mental Health Center, Inc.,

Wednesday, August 10, 2016, at the SWMHC Luverne Office.

The meeting was called to order by Chairperson Marlene Trageser at 7:00 p.m.

Members present and excused:

Norm Holmen present Jim Schmidt present Robin Weis present

David Henkels present Kim Hummel present Sandra Hartman excused

Robert Demuth, Jr. excused Matt Widboom excused David Benson excused

Les Nath present Jerry Remund excused Marlene Trageser present

Ron Boyenga present Stan Williamson present Jane Lanphere present

Avera McKennan staff present: Scott Johnson, Curt Hohman

SWMHC staff present: Dennis Gyberg, Ginger Schomacker, David Vinzant

Motion to approve the meeting agenda made by Schmidt, seconded by Holmen. Motion carried.

Motion to approve the July minutes made by Holmen, seconded by Nath. Motion carried.

Motion to approve monthly bills totaling $377,341.77 made by Boyenga, seconded by Hummel. Motion carried.

Motion to accept the Financial Report made by Hummel, seconded by Weis. Motion carried.

Resolution of Corporate Authorization with Rolling Hills Bank & Trust made by Henkels, seconded by

Schmidt. Motion carried.

Motion to purchase electronic timekeeping software made by Wildung-Lanphere, seconded by Boyenga.

Motion carried.

Motion to approve request of 3% increase to 2017 County Master Service Contract by Henkels, seconded by

Holmen. Motion carried.

Executive Director’s Report

Information Only:

• Thank you to everyone for helping prepare for the MN DHS Rule 29 Site Review. Overall, the review went

well. We are working to correct items noted in the exit interview while waiting for the correction order.

One item brought to our attention is a new statute requiring license holders to submit a written plan

reviewed annually to ensure transfer of open and closed cases and records in the event the center closes. We

are seeking input from Avera and our EHR vendor, Procentive, to solicit options for handling such an event.

• We do not have additional details on the US Dept. of Labor changes to the Fair Labor Standards Act at this

time. The changes are still scheduled to go into effect December 1, 2016.

• SWMHC’s MN DHS Behavioral Health Home Certification is still pending. A conference call with DHS is

scheduled for August 4, 2016.

• Thank you to the Southwinds ACT team for their efforts preparing for the MN DHS Adult Mental Health

Division TMACT Peer Review. Overall, the review went well. Reviewers were very complimentary of the

Southwinds Staff and Program. We are waiting for the final report from the visit.

• Tammy Logan, Unity House Rehabilitation Worker, has accepted the ARMHS Practitioner/Rehab Worker

position in Worthington effective August 15, 2016.

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• The MN DHS Children’s Mental Health Division CTSS site review is not scheduled as of this writing.

• Denise Roeman-Kramer has resigned from her Nurse Manager position effective August 12, 2016. This

position has been posted.

• Amber Nase has resigned from her Txt4Life Coordinator position effective August 24, 2016. This position

will be posted.

• Kiersha Mauch, ARMHS MH Practitioner, has resigned her position effective September 2, 2016. This

position has been posted.

• Kori Guza will be transitioning from intern position to unlicensed MH Professional in Worthington.

• Kenny Pospischil has accepted an IFB Professional position in Worthington and will begin on August 18,

2016.

• SWMHC has a number of positions posted that remain unfilled as of this writing.

Motion to adjourn by Schmidt, seconded by Boyenga. Motion carried.

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The mission of the HLWD is to protect and improve the water resources within its boundaries by supporting watershed residents through the use of education and financial programs.

Heron Lake Watershed District PO Box 345, Heron Lake, MN 56137

507-793-2462 ~ FAX 507-793-2253 Email: [email protected]

Web: www.hlwdonline.org

DISTRICT ADMINISTRATOR’S

Activity Report August 1, 2016 to August 31, 2016

West Fork Des Moines River (WFDMR) Targeting and Prioritizing Endeavor Catherine Wegehaupt and I met with Drew Kessler and Larry Kramka, Houston Engineering, Inc. on August 2, 2016. The purpose of the meeting was to review the draft products and discuss how to proceed with the project.

Clean Water Fund (CWF) Grant Application The CWF grant application for Jackson County Ditch 3 was submitted on August 5, 2016. The project abstract is included below.

As a result of reviewing existing tile maps, LIDAR information, survey data, aerial photos, and multiple meetings with landowners, a Multipurpose Drainage Management (MDM) Plan was developed for County Ditch (CD) 3. The plan identifies targeted locations for best management practices (BMP) implementation in the CD 3 watershed. The Heron Lake Watershed District (HLWD) will partner with CD 3 landowners to implement a combination of two CPS Code 604 Saturated Buffers and one CPS Code 605 Denitrifying Bioreactor. Using a design spreadsheet developed by the US Department of Agriculture-Agricultural Research Service (USDA-ARS) and a hydrologic model for the ditch system, it is estimated that the annual nitrate removal for the denitrifying bioreactor will be 300 to 500 pounds per year and the annual nitrate removal for each saturated buffer will be 100 to 200 pounds per year. The HLWD will be collecting volume and concentration data to provide accurate pollution reduction information for the saturated buffer and bioreactor. Monitoring costs will be paid by the HLWD.

Grant funds in the amount of $99,603.13 are being requested for project installation and reporting. Landowner match for project installation is $32,782.75. Monitoring costs are $28,249.

Project 6 Clean out of the Project 6 open ditch began late in the week of August 1, 2016. Dave Macek, Jackson County, provided a photo on August 8, 2016 of the work being undertaken.

Reserve Funds During the Water Management Partners Workshop, a question was asked regarding what the recommended amount of reserve funds should be. Wayne Drealan was contacted. Below is his response.

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The mission of the HLWD is to protect and improve the water resources within its boundaries by supporting watershed residents through the use of education and financial programs.

The state controlled distribution of the property tax levy and related state aids results in the District having to fund the first five months of their operating expenditures before receipt of the revenues. This would be the minimum (42%) recommended for the fund balance reserve, but other factors should certainly be considered. Your District operations often require front ending certain grant matches and expenditures which creates another cash flow drain until the funds are recovered through the expenditure reimbursement process. Due to these special needs or circumstances, many entities have up to twelve months expenditures in the reserve, but above this level the argument for such reserves becomes difficult.

Summer Interns Chloe Evenson and Cole Sinnamon gave a PowerPoint presentation regarding their summer efforts on August 16, 2016. This was the last day of their internship.

Financial Information Gary Ewert reviewed payroll and month-end financial information on August 1, 2016. He reviewed the information for the treasurer’s report and payroll on August 16, 2016.

August Meeting The following information was sent to the managers for review before the August board meeting.

Budget hearing: attendees will have the opportunity to ask questions about the proposed budget and survey and acquisition fund. The hearing will close after all comments have been heard. Minutes: the meeting minutes were reviewed and approved by the HLWD Secretary and President before distribution. Treasurer’s report: see detailed information in the document. 2017 General Operating Levy and SADF: information regarding these funds has been distributed. Gary Ewert and I are recommending a general operating levy of $250,000 and a survey and data acquisition fund levy of $50,000. We believe that all of the managers are in support of the recommendation. Should that not be the case, contact me before the August meeting to discuss these issues further. Pickup bids: I am anticipating the submission of one bid. Low interest loan approval: an application for a septic system replacement loan for Keith and Janice Pohlman needs approval contingent upon providing the required documentation. City of Worthington permit application: The permit application is for extension of the sanitary sewer and water main in the NE ¼ NE ¼ of Section 14, Worthington Township, Nobles County. The project area is 3.4 acres and drains to County Ditch 12 (Okabena Creek). A permanent storm water management system is not required with this project. However, a stabilized construction exit, inlet protection, silt fence, and temporary seeding/mulching is required until construction is complete. The storm water pollution prevention plan is enclosed.

Cover Crop Steering Committee The Cover Crop Steering Committee met on August 17, 2016. The committee was established to brainstorm about the needs, wants and perceptions of watershed landowners, focusing on cover crops. Their overall goal was to develop a cover crop project or program for the HLWD to implement.

Committee members agreed that a program for side by side trials, maximum of 10 plots within Nobles, Jackson, Murray, and Cottonwood Counties should be pursued. Field size would be a minimum of 40 acres, with a three to five-year commitment. Catherine Wegehaupt and I will draft a budget and work plan to distribute to committee members. Committee members would like this program to begin in 2017.

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The mission of the HLWD is to protect and improve the water resources within its boundaries by supporting watershed residents through the use of education and financial programs.

Ducks Unlimited Monitoring Plan The monitoring plan for DU was finalized. Catherine Wegehaupt drafted a memorandum that contains the details regarding each entities’ responsibilities. It was finalized on August 22, 2016.

August Meeting Several incorrect statements were made during the public comment period at the budget hearing.

• The board of managers were aware that the reserve funds were being used as collateral for the judicial ditch line of credit. Other supporting information was contained in my October 2013 activity report and in the October meeting minutes. The managers approved borrowing the funds at the regular meeting on October 15, 2013. An excerpt from the minutes follows.

o Funds are being exhausted due to costs incurred for the ditch system improvement process and project implementation. The Heron Lake Watershed District (HLWD) has the statutory authority to borrow money (M.S. 103D.335 Subd. 17). The funds can be borrowed from several sources including counties and banks.

In speaking with Kevin Nordquist, Jackson County Auditor-Treasurer, the county is bound by statute to charge seven percent interest. Kevin also said that the HLWD would need to fund the expenses into the construction phase. It would be at least nine months before the HLWD would be reimbursed for expenses. The loan officer at Security State Bank estimated a range of three percent to four percent interest.

Jim Buschena and Jan Voit have spoken about this several times. They believe that it is necessary to borrow money to fund the costs that have been and will be incurred for the ditch improvement projects. Because the landowners on the ditch systems would be responsible for the interest charges, borrowing money at a lower interest rate would be best. To that end, they recommended borrowing money from Security State Bank not to exceed $500,000 per ditch system.

Jan Voit will be working with Kevin Nordquist to set up a process for charging interest to the ditch systems for the expenditures.

Gary Ewert made a motion to approve borrowing up to $500,000 per ditch system from Security State Bank as authorized under M.S. 103D.335 Subd. 17. Jim Buschena seconded it. Motion carried unanimously.

• Further supporting documentation was provided to the managers following the October board meeting. Excerpts from my monthly activity report are included below.

o On October 21, 2013, I provided Security State Bank with a copy of the motion regarding financing authorization, audits for 2010, 2011, and 2012, and M.S. 103D statute cites for borrowing authority, rules, and watershed management plan. They also required our federal and state tax identification numbers.

o On October 22, 2013, I provided copies of the petitions for the ditch improvement projects, statute cite for authority, and values of our certificates of deposit. Jim Buschena, Gary Ewert, and I signed the paperwork for a $500,000 revolving line of credit on October 31, 2013. A loan of $109,000 was secured the same day.

• Minnesota Statutes § 103D.625, Subd. 4 requires a watershed district to be the drainage authority if a new ditch is built or an improvement project is done.

• The funds that are contained in reserves are exactly that – reserves. The purpose of reserve funds is to provide us with options for responding to unexpected issues. All government entities have reserve funds. The amounts vary from five months to one year’s worth of operating funds. The amount in reserve is dependent upon each entities’ operations. Our auditor has said that the funds in reserve are

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The mission of the HLWD is to protect and improve the water resources within its boundaries by supporting watershed residents through the use of education and financial programs.

at an acceptable level for our organization. The HLWD has not identified a need to access reserve funds. If the managers decided reserve funds were needed for some specific purpose, the HLWD could borrow money from the bank or borrow funds from Jackson County for the judicial ditch projects. Currently, reserve funds are being used as collateral for the judicial ditch line of credit, providing a service to those taxpayers which allows them repayment with a lower interest rate for the improvement project costs.

• The 2011-2015 budget comparison shows that the HLWD is an average of $260,898. The HLWD does not have other accessible funds to pay for survey and data to develop projects necessary to carry out the goals and objectives of the Watershed Management Plan and meets the criteria of Minnesota Statutes 103D.905 Subd. 8. Data acquisition should not be deemed an unexpected issue that warrants the use of reserve funds.

Regional Buffer Workshop The Regional Buffer Workshop was held on Monday, August 29, 2016 at Southwest Minnesota State University in Marshall. Registration begins at 12:30 p.m. The workshop began at 1:00 p.m. Presenters

Dave Weirens, Board of Water and Soil Resources and Jim Sehl, Department of Natural Resources covered an Overview of 2016 Buffer Statute Clarifications, Mapping Process, DNR & Local Government Units Roles and Timelines; Buffer Program Policies and Timelines; Compliance and Enforcement; and Financial Resources for Buffer Implementations.

LeAnn Buck, Minnesota Association of Soil and Water Conservation Districts commended the groups that have developed a buffer team and are already working together.

She thanked the audience for their attendance and participation on behalf of the Local Government Water Round Table.

Jack and Okabena Creek Sediment Reduction (JOSR) Project Final Report The final report for the JOSR project was submitted to MPCA on August 30, 2016.

Levy Certification The 2017 levy was certified to the auditors in Nobles, Jackson, Murray, and Cottonwood Counties on August 30, 2016.

Reports Final and semi-annual reports for many of the grants that the HLWD has been implementing were sent to the managers on August 31, 2016. All of these reports have been approved by the respective grantors.

Water Management Partners Workshop Follow-Up As a follow-up to the Water Management Partners Workshop, managers and staff were asked to identify the top two items that they would like to have accomplished within the next year. Once the list is generated, it will be prioritized.

Jim Buschena had provided several suggestions: develop talking points for the Survey and Data Acquisition Fund, determine billable rates, and schedule a meeting of all three watershed districts on an annual basis.

In addition, each manager was asked to consider attending the Minnesota Association of Watershed Districts’ Annual Meeting at the Arrowwood in Alexandria. The meeting begins on the evening of

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The mission of the HLWD is to protect and improve the water resources within its boundaries by supporting watershed residents through the use of education and financial programs.

December 1 and concludes on the morning of December 3. Sometime during the event, we would like to hold a “reunion” for the Heron Lake, Okabena-Ocheda, and Kanaranzi-Little Rock managers and staff. This would be a session where more questions can be asked. It would also provide opportunity to report on how the information presented at the workshop has been used in the HLWD.

Property and Project Site Visit On August 30, 2016, the board of managers and staff attended a Property and Project Site Visit. Kyle Sammons, I+S Group (ISG) provided an update on project progress for Jackson County Judicial Ditch 30 Branch A-1, Lateral, and Mainline. HLWD properties in Sections 21 and 29 of Seward Township in Nobles County and Section 35 of Bondin Township in Murray County were also visited. Photos are included on page 7.

Property and Project Site Visit Follow-up In answer to questions raised at the Property and Project Site Visit, the following has been done.

• Kyle Sammons, ISG was emailed regarding contact with Minnesota Pollution Control Agency (MPCA) about the project. His response was that every improvement project has to have a Storm Water Pollution Prevention Plan and permit from MPCA. Once that permit is obtained, any future repairs can be done without a permit. ISG has not yet dealt with MPCA on JD 30. Hutton Drainage has hired a private firm to do the required weekly inspections.

• Kyle Sammons, ISG was emailed about cattle grazing on Open Ditch 2. His response was that the Burmeisters have had cattle grazing on the site for years without issues to the open ditch. At present, he does not believe grazing limits are needed. But, if this becomes a problem it can be addressed in the future.

• Brian Nyborg, Department of Natural Resources (DNR) was contacted concerning the operation of the outlet structure on the Seward 21 site. When he has responded, that information will be provided.

• It was brought to the HLWD’s attention that maintenance is needed on the outlet pipe on the flood storage structure on the Seward 29 site. The project was installed in 1976. The pipe has corroded. The corrosion has caused water to pour out the side of the pipe during high flow events, in turn eroding the structure. The Southwest Prairie Technical Service Area engineer has been contacted to do a site visit. After this has taken place, plans and an estimate will be done. Once this information is available, the bid process can begin. After the bid

process is complete, the board of managers will make a decision regarding a contractor and construction can begin. • The 1976 Easement and Agreement for the Seward 29 dam project states that the HLWD is responsible for installation, repair, maintenance, and inspection. Managers asked what happens after the 50-year time period stated in the Easement and Agreement has expired. The document was sent to Mike Tow, HLWD legal counsel, for review and comment on August 30, 2016.

Property and Project Site Visit Photos

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The mission of the HLWD is to protect and improve the water resources within its boundaries by supporting watershed residents through the use of education and financial programs.

Photos (left to right, top to bottom): Open Ditch 2, CSAH 16 crossing on Branch F, Boring under Highway 86, Seward 21 control structure, Seward 29 site, and wildflowers at the RIM easement

Website

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The mission of the HLWD is to protect and improve the water resources within its boundaries by supporting watershed residents through the use of education and financial programs.

On August 31, 2016, the website was updated. Minutes and treasurer’s report for the July meeting were uploaded. The Education Events, Public Drainage Systems, Water Quality Monitoring, and HLWD Advisory Committee pages were updated. The Summer Intern Summary for 1995-2016 was revised and uploaded. A Watershed Happenings header was created. The Property and Project Site Visit summary was added under the new header.

August Meetings and Events • Tuesday, August 2: Meeting with HEI • Wednesday, August 17: Cover Crop Steering Committee meeting • Tuesday, August 23: HLWD meeting • Monday, August 29: Regional Buffer Workshop • Tuesday, August 30: Property and Project Site Visit

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