A dynamic, world-class County delivering excellence every day

A dynamic, world-class County delivering excellence every day

Providing the foundation of a vibrant community BOARD OF COUNTY COMMISSIONERS

June 20, 2017 – 3:00 PM

Generated 6/14/2017 4:45 PM

8:00 AM ROAD TOUR

2:00 PM COMMITTEE MEETINGS

ADMINISTRATIVE COMMITTEE - ADMIN CONFERENCE ROOM

ENVIRONMENTAL RESOURCES/PUBLIC WORKS COMMITTEE -

CONFERENCE ROOM 2A & 2B

HUMAN SERVICES COMMITTEE - CONFERENCE ROOM 1

PUBLIC COMMENT - Council/Board Chambers

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. INFORMATIONAL ITEMS

a. 2016 Olmsted County Medical Examiner Report

b. Report: County Attorney's Office Managing for Results

4. PUBLIC HEARING

a. Public Hearing: Permit for Municipal Separate Storm Sewer System (MS4)

5. CONSENT AGENDA

a. Minutes – June 6, 2017 meeting

b. Personnel Status Changes

c. Agreement: United Way LEAD Mentorship

d. Gambling Permit: Lake Zumbro Forever

e. Grant: Anoka Metro Regional Treatment Center Renewal

f. Resolution: Master Partnership Contract with MnDOT

g. Resolution: Olmsted County Land Use Plan #O2017-001LUPA by Rochester Township

h. Resolution: State Performance Measures Program

REGULAR AGENDA

6. DISCUSSION/DECISION ITEMS

a. Agreement: Reconstruction and Jurisdictional Transfer of CR 112 (18th Avenue NW)

b. Informational: Lake Shady and Lake Zumbro Updates

c. Change Order #3: Contract 15-143S to Veit and Company, Inc.

7. BOARD/COMMITTEE REPORTS

8. ADJOURN

6:30 PM BOARD OF APPEAL AND EQUALIZATION

OLMSTED COUNTY, MINNESOTA

Informational Item

Updated: 6/12/2017 4:29 PM

AGENDA DATE: June 20, 2017

REQUEST BY: Karen Mozina, Board of County Commissioners

STATE ITEM OF BUSINESS WITH BRIEF ANALYSIS AND ACTION REQUESTED OF THE COUNTY BOARD: Dr. Reichard will be presenting the 2016 Medical Examiner Report.

THIS REQUEST IS ALIGNED WITH THE FOLLOWING STRATEGIC PRIORITIES: Build the Community

___ Plan for the Future

___ Assure Effective, Accessible and Responsive Services

_X_ Assure a Safe and Healthy Community

___ Be Good Stewards of Our Environment

Run the Business


___ Pursue Operational Excellence

___ Communicate the Value We Provide

Manage the Resources


___ Exercise Sound Fiscal Management

Develop the Employees


___ Recruit and Retain Excellent and Diverse Staff

___ Encourage Learning and Growth

___ Cultivate Well-Trained and Responsive Leadership

BACKGROUND: Dr. Ross Reichard, Chief Medical Examiner, will present the Southern Minnesota Regional Medical Examiner's Office 2016 annual report. Reviewed with additional material provided: ____ Approved ____ County Administrator

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Olmsted CountyMedical Examiner

2016 Annual Report

Southern Minnesota Regional Medical Examiner's Office

200 1st Street SWRochester, Minnesota 55905

Last Revised: June 14, 2017

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Table Of Contents

1Table Of Contents ........................................................................................................... 2Message to the Board of Commissioners and Citizens of Olmsted County .................... 4Medical Examiner Staff ................................................................................................... 5Types of Deaths Reportable to the Medical Examiner .................................................... 7Olmsted County Medical Examiner Cases ..................................................................... 8Manner of Death by Postmortem Examination ............................................................... 8Deaths by Natural Causes .............................................................................................. 9Deaths by Unnatural Causes .......................................................................................... 9Accidental Deaths by Type .............................................................................................

10Accidental Deaths - Motor Vehicle Crashes ................................................................. 10Drugs Contributing to Cause of Death .......................................................................... 11Suicide by Means ......................................................................................................... 11Homicide Deaths .......................................................................................................... 12Deaths by Age Group ...................................................................................................

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Message to the Board of Commissioners and Citizens ofOlmsted County

The Southern Minnesota Regional Medical Examiner's Office investigatessudden, violent, unexpected, and suspicious deaths that occur in Dodge, Fillmore,Goodhue, Houston, Mower, Olmsted, Wabasha, and Winona counties insoutheastern Minnesota. The Office of the Medical Examiner certifies death afterinvestigation and postmortem examination and issues the death certificate asrequired by law. Complete findings of the death investigation are distributed tofamilies and law enforcement agencies as appropriate.

The main duties of the Office of the Medical Examiner are to determine the causeand manner of death, and certify deaths that are reported to the medical examiner.The cause of death is the disease process or injury that resulted in death. Thereare thousands of diseases and injuries that may result in death. The manner ofdeath is a classification in which a determination is made regarding whether thedeath resulted from natural causes, homicide, suicide, or an accident. Onoccasion, the manner of death is classified as undetermined.

Information collected during the investigation helps clarify the circumstances, suchas the sequence of events prior to death. Evidence collected during aninvestigation and/or postmortem examination may help lead to the arrest orsuccessful conviction of a suspect in a homicide case. Because deaths occuraround the clock, medical examiner staff members are available 24 hours a day,365 days per year.

With the skill and experience of the medical examiner investigators and board-certified forensic pathologists, we believe the quality of death investigations in thecounty are among the best in the State. The death scene investigation reportsfiled by the investigators are very thorough and supply comprehensive informationto the medical examiners.

Our medical examiners and investigators also extend their duties to the living byanswering questions and addressing concerns regarding deaths within thecounty. Medical examiner investigators frequently make personal contact withfamily members of a deceased and assist them by providing appropriate answersregarding the circumstances of the death. Medical examiner investigators aresupplied with a pamphlet for distribution to families. The information providesanswers to common questions and facts about autopsies and also providesresource information pertaining to grief counseling.

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The Office of the Medical Examiner utilizes the Medicolegal Death InvestigationLog, or MDI Log. MDI Log is a comprehensive investigative report/databasesystem that enables the medical examiners and death investigators to submit andreview death scene investigation information, as well as communicate, in anefficient manner through a secure Internet site any time of the day.

We extend our sincere gratitude to the County Board of Commissioners for theirsupport of the medical examiner program and the services we provide to thecitizens of the county.

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Medical Examiner StaffR. Ross Reichard, M.D.Medical Examiner

Peter T. Lin, M.D.Assistant Chief Medical Examiner

Monica Kendall, M.S., PA (ASCP), F-ABMDISupervisor, Death Investigations

Courtney Hyland, M.S., PA (ASCP), D-ABMDIDeath Investigator

John Lehman, M.S., PA (ASCP)Death Investigator

Erica Reed, M.S., PA (ASCP), D-ABMDIDeath Investigator

Luke Wilson, M.S., PA (ASCP), D-ABMDIDeath Investigator

Laura HanfPathology Reporting Specialist

Erin HeydtPathology Reporting Specialist

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Types of Deaths Reportable to the Medical Examiner

Minnesota State Statute 390.11 Investigations, subdivision 1, mandates that allsudden or unexpected deaths and all deaths that may be due entirely or in part toany factor other than natural disease processes must be promptly reported to thecoroner or medical examiner. Reportable deaths include but are not limited to:

1. unnatural deaths, including violent deaths arising from homicide, suicide, oraccident;

2. deaths due to a fire or associated with burns or chemical, electrical orradiation injury;

3. unexplained or unexpected perinatal and postpartum maternal deaths;4. deaths under suspicious, unusual or unexpected circumstances;5. deaths of person whose bodies are to be cremated or otherwise disposed of

so that the bodies will later be unavailable for examination;6. deaths of inmates of public institutions and persons in custody of law

enforcement officers;7. deaths that occur during, in association with, or as the result of diagnostic,

therapeutic, or anesthetic procedures;8. deaths due to culpable neglect;9. stillbirths of 20 weeks or longer gestation unattended by a physician;

10. sudden deaths of persons not affected with recognizable disease;11. unexpected deaths of persons notwithstanding a history of underlying

disease;12. deaths in which a fracture of a major bone such as a femur, humerus, or tibia

has occurred within the past six months;13. deaths unattended by a physician occurring outside of a licensed health care

facility or licensed residential hospice program;14. deaths of persons not seen by their physician within 120 days of demise;15. deaths of persons occurring in an emergency department;16. stillbirths or deaths of newborn infants in which there has been maternal use

of or exposure to unprescribed controlled substances including street drugsor in which there is a history or evidence of maternal trauma;

17. unexpected deaths of children;18. solid organ donors;19. unidentified bodies;20. skeletonized remains;21. deaths occurring within 24 hours of arrival at a health care facility if death is

unexpected;

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unexpected;22. deaths associated with the decedent's employment;23. deaths of nonregistered hospice patients or patients in nonlicensed hospice

programs; and24. deaths attributable to acts of terrorism.

The coroner or medical examiner shall determine the extent of the coroner's ormedical examiner's investigation including whether additional investigation isneeded by the coroner or medical examiner, jurisdiction is assumed, or anautopsy will be performed, notwithstanding any other statute

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Olmsted County Medical Examiner CasesPopulation 153,102Cases Reported to Medical Examiner 1483A. Number of deaths certified after postmortem examination 229 1.Number of Medical Examiner Cases with Complete Autopsy 214 2.Number of Medical Examiner Cases with External Examination 3 3.Number of Medical Examiner Cases with Limited Examination 12B. Number of deaths certified without postmortem examination 346C.Number of deaths not certified by Medical Examiner's Office after

investigation908

Definitions

Full Autopsy: A complete external and internal examination of a decedentLimited Examination: An examination which is focused on a specific organ orregion of the body, i.e., heart. The limited examination also includes anexternal examination.External Examination: An examination of the exterior of a decedent.

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Manner of Death by Postmortem Examination

Deaths by Natural Causes

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Deaths by Unnatural Causes

Accidental Deaths by Type

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Accidental Deaths - Motor Vehicle Crashes

Drugs Contributing to Cause of Death

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Suicide by Means

Homicide Deaths

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Deaths by Age Group

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Informational Item

Updated: 6/13/2017 11:04 AM



STATE ITEM OF BUSINESS WITH BRIEF ANALYSIS AND ACTION REQUESTED OF THE COUNTY BOARD: The County Attorney will be presenting the department's annual Managing for Results report


_X_ Plan for the Future

_X_ Assure Effective, Accessible and Responsive Services



Run the Business


_X_ Pursue Operational Excellence

_X_ Communicate the Value We Provide



_X_ Exercise Sound Fiscal Management






BACKGROUND: The Olmsted County Attorney will be presenting the department's annual Managing for Results (M4R) report to the Board. Reviewed with additional material provided: ____ Approved ____ County Administrator

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Request For County Board Action

Updated: 6/14/2017 3:10 PM


REQUEST BY: Skip Langer, Public Works Michael Sheehan, Public Works

STATE ITEM OF BUSINESS WITH BRIEF ANALYSIS AND ACTION REQUESTED OF THE COUNTY BOARD: As part of our Municipal Separate Storm Sewer System (MS4) permit, we are required to hold an annual public meeting prior to the submittal of our MS4 report. The primary purpose of this meeting is to provide an opportunity for public input on our storm water pollution prevention program (SWPPP). Staff will update the County Board concerning the best management practices (BMP’s).




___ Assure a Safe and Healthy Community

_X_ Be Good Stewards of Our Environment

Run the Business












BACKGROUND: The Stormwater Program for Municipal Separate Storm Sewer System (MS4) is designed to reduce the amount of sediment and pollution that enters surface and ground water from storm sewer systems to the maximum extent practicable. Stormwater discharges associated with MS4 are regulated through National Pollutant Discharge Elimination System (NPDES) permits. Through these permits, the owner or operator is required to develop a stormwater pollution prevention program (SWPPP) that incorporates best management practices (BMPs) applicable to their MS4. The County Board will hold the annual MS4 public hearing on Tuesday, June 20, 2017 sometime after 3:00 p.m. to allow public comment on the annual MS4 Storm Water Permit. Staff will be present to respond to questions and provide an update on 2016 MS4 activities.

COUNTY BOARD ACTION REQUESTED: Approve the 2016 Municipal Separate Storm Sewer System (MS4) Water Permit annual report. Reviewed with additional material provided: ____ Approved ____ County Administrator

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Board of County Commissioners Minutes for June 6, 2017

Generated 6/14/2017 3:12 PM

Proceedings of the Olmsted County Board of Commissioners held on June 6, 2017 at 9:00 AM in the Council/Board Chambers of the Government Center. The Olmsted County Board of Commissioners met on the above date, with the following Commissioners present: Brown, Kiscaden, Flynn, Bier, Podulke, Thein and Wright.

CALL TO ORDER Chairperson Kenneth Brown called the meeting to order at 9:00 AM.

PLEDGE OF ALLEGIANCE

PUBLIC HEARING Now being the time for a public hearing, Kaye Bieniek, County Engineer, presented information on the County Bridge Priorities.

The Chairperson opened up the meeting for public comment. No one came forward to speak.

Bier moved; Flynn seconded, to close the public hearing.

Motion: [Unanimous]

AYES: Podulke, Brown, Flynn, Bier, Kiscaden, Thein, Wright

Flynn moved; Wright seconded, to approve establishing priority for County bridge replacements and Resolution 17-35, reading as follows:

Resolution No. 17-35 WHEREAS, the Bridge Program under Chapter 339, Laws of Minnesota 1976, requires that a priority list be established for Olmsted County. NOW THEREFORE BE IT RESOLVED, by the Olmsted County Board of Commissioners that the Bridge Construction/Reconstruction Program for the county road system presented by the County Engineer, a copy of which is on file with the County Administrator and by this reference is incorporated within, is hereby approved. Dated at Rochester, Minnesota this 6th day of June, 2017. Motion: [Unanimous]


Now being the time for a public hearing, Kaye Bieniek, County Engineer, presented information on the Township Bridge Priorities.


Wright moved; Bier seconded, to close the public hearing.

Motion: [Unanimous]


Wright moved; Flynn seconded, to approve establishing priority for Township bridge replacements and Resolution 17-36, reading as follows:

Resolution No. 17-36 WHEREAS, the Bridge Program under Chapter 339, Laws of Minnesota 1976, requires that a priority list be established for Olmsted County.

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Regular Meeting Tuesday, June 6, 2017 9:00 AM

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NOW THEREFORE BE IT RESOLVED, by the Olmsted County Board of Commissioners that the Bridge Construction/Reconstruction Program for the township road system presented by the County Engineer, a copy of which is on file with the County Administrator and by this reference is incorporated within, is hereby approved. Dated at Rochester, Minnesota this 6th day of June, 2017. Motion: [Unanimous]


Now being the time for a public hearing, Michael Sheehan, Director of Public Works, and Karlin Ziegler, Park Manager, presented information on the Revisions to County Parks Rules and Regulations.


Bier moved; Wright seconded, to close the public hearing.

Motion: [Unanimous]


Wright moved; Flynn seconded, to approve the revised Parks Rules and Regulations Ordinance.

Motion: [Unanimous]


CONSENT AGENDA Bier moved; Wright seconded, to approve the following items in the Consent Agenda:

Motion: [Unanimous]


Approved the minutes of May 16, 2017.

Personnel status changes as follows: REGULAR APPOINTMENT Bryan Hoffman 05/15/2017 Community Services $21.40 (Senior Housing Maintenance Worker) Athieei Lam 05/22/2017 Community Services $28.43 (Homeownership Specialist) Anthony Booth 05/30/2017 Community Services $26.02 (Social Worker) Vicki Wilson 05/30/2017 ITS $33.00 (Information Technology Business Analyst) Stephanie Morris 06/12/2017 County Attorney $25.89 (Criminal Trial Support Specialist) PROVISIONAL WITHOUT BENEFITS

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Hayden Booms 05/17/2017 Public Works $13.00 (Seasonal Soil Conservation Worker through 08/17/2017) Eli Anderson 05/24/2017 Public Works $11.00 (Seasonal Transportation Worker through 08/24/2017) Evan Doty 05/30/2017 Public Works $11.00 (Seasonal Transportation Worker through 08/30/2017) Blaine Paulson 05/30/2017 Environmental Resources $24.26 (Equipment Operator through 12/31/2017) Carson Long 06/05/2017 Public Works $11.00 (Seasonal Transportation Worker through 09/05/2017) REGULAR TO PROVISIONAL Mary Jewison 07/10/2017 Public Health N/C (Public Health Nurse- Phased Retirement through 06/30/2018) REINSTATEMENT Ted Duff 05/30/2017 Public Works $13.00 (Seasonal Transportation Worker through 08/30/2017) Blake Badker 06/05/2017 Public Works $11.50 (Seasonal Transportation Worker through 09/05/2017) EXTENDED PROVISIONAL APPOINTMENT Arianna Whitney 05/15/2017 County Attorney N/C (Student Attorney through 08/01/2017) Kelsie Stahl 06/01/2017 County Attorney N/C (Student Attorney through 05/30/2018) PROMOTION Heidi Allen 05/15/2017 Finance $19.80 (Accounting Technician to Senior Accounting Technician) Ryan Richardt 05/29/2017 Public Works $18.76 (Custodian to Traffic Technician) RECLASSIFICATION Cody Miller 05/01/2017 Public Health $24.92 (Sanitarian Apprentice to Sanitarian) TITLE CHANGE Roxanne Darnell 05/15/2017 Sheriff N/C (Clerical Supervisor to Sheriff’s Support Supervisor) Michelle Jacobson 05/15/2017 Sheriff N/C (Civil Division Specialist to Clerical Specialist) SALARY ADJUSTMENT

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James Johnson 05/01/2017 Environmental Resources $25.26 (Equipment Operator) DECREASE IN HOURS Lee Kanz 05/29/2017 Finance N/C (Senior Accounting Technician- 1.00 FTE to 0.70 FTE) RESIGNATION Richard Thompson 05/15/2017 Courts (Jury Attendant) Kelli Ceraolo 05/24/2017 County Attorney (Assistant Attorney) April Hieb 05/26/2017 Public Health (Public Health Nurse) Amy Wright 06/01/2017 Public Health (Nutrition Assistant) Molly Stewart 06/02/2017 Human Resources (Human Resources Representative) Neil Doyle 06/23/2017 Community Services (Senior Veterans Services Officer) EXPIRED PROVISIONAL Megan Betcher 05/07/2017 Public Works (Intern) RESCINDED EMPLOYMENT Tiya Abdalla 06/12/2017 Community Services (Social Worker) RETIREMENT Roberta Batalden 07/13/2017 Finance (Senior Accounting Technician) Laurie Sylvester 07/27/2017 Corrections (Senior Case Aide) Richard Sylvester 07/27/2017 Building Operations (Senior Security Access Technician) Terrence Lee 12/29/2017 Environmental Resources (Water Resources Manager)

Approved the Cooperative Agreement between the State of Minnesota and Olmsted County for the Douglas State Trail/CSAH 5.

Approved the list of tax-forfeited lands to be auctioned, excluding the properties located in Cities of Chatfield (at 307 B 8th Ave. N.E., Tax ID No. 51.31.42.000269) and Eyota (at 22 Park Dr. N.W., Tax ID. No. 62.14.21.028108). As to those properties, they shall be withheld from public auction for a period of 90 days to allow Property Records and Licensing staff to

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meet with the non-profits First Homes and Three Rivers Community Action to see if they can furnish an acceptable plan to use those properties to provide affordable housing for their clients. Subject to that change to the list attached to Resolution 17-37, approved Resolution 17-37 reading as follows:

Resolution No. 17-37 NOTICE IS HEREBY GIVEN, that the parcels of land described in the List of Tax-

Forfeited Land that is contained herein shall be sold to the highest bidder at public sale. The sale will be governed by the provisions of Minn. Stat. Section 282.01, and by the resolution of the Olmsted County Board of Commissioners authorizing such sale. These parcels have been appraised by the Olmsted County Assessor’s Office as required by the statute. All parcels have been released by the cities and townships in which they are located for public sale.

BE IT RESOLVED, That:

1. All parcels of tax-forfeited land listed on the List of Tax Forfeited Land are hereby classified as non-conservation land; 2. The basic sale price of each parcel on the List of Tax Forfeited Land, that is on file with the Olmsted County Property Records Department, be approved and authorization for a public sale of this land be granted, pursuant to Minn. Stat. Section 282.01; 3. The sale will be held at 1:00 PM, Thursday, July 20, 2017 by the Olmsted County Director of Property Records and Licensing in the County Board Room at the Olmsted County Government Center, for not less than the basic sale price; and that payment for all sales shall be consistent with the Payment Terms in the County Tax Forfeited Land Policy. 4. Notice of sale shall be published once a week for two consecutive weeks, with the last publication not less than 10 days before the sale of tax-forfeited land by public auction. In addition, notice of sale shall be mailed to all owners of land adjoining each parcel to be sold.

BE IT FURTHER RESOLVED, that the conditions and terms of the public sale shall be as described in the list contained herein and approved by the Olmsted County Board of Commissioners. Additional information about the sale of tax-forfeited land in Olmsted County can be obtained at the office of Property Records and Licensing, Olmsted County Government Center, 151 4th St. SE, Rochester, Minnesota, 55904.

Dated at Rochester, Minnesota this 6th day of June, 2017.

Approved the conveyance of tax forfeited land to the City of Rochester and Resolution 17-38, reading as follows:

Resolution No. 17-38 WHEREAS, the County of Olmsted is responsible to manage tax forfeited property which is located in the County on behalf of the State of Minnesota, and; WHEREAS, the County has become aware of a certain parcel of tax forfeited land located in the City of Rochester which has the following Tax Parcel Id number 74.18.24.067619 and which is legally described as Outlot A, Kingsbury Hills 3rd Subdivision, in the City of Rochester, Olmsted County, Minnesota, and;

WHEREAS, pursuant to Minnesota Statutes Section 282.01, Subd. 1a(f), non-conservation tax-forfeited land which is held in trust by the State in favor of the taxing districts may be conveyed by the Minnesota Commissioner of Revenue to a governmental subdivision if the governmental subdivision has certified to the County Board that prior to forfeiture the governmental subdivision was entitled to the parcel under a written development agreement or instrument, but the conveyance failed to occur prior to forfeiture. In order for this request

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to be granted, an application must be submitted to the Commissioner which includes a statement of facts as to the use to be made of the tract, and the County Board must provide a favorable recommendation that the acquisition should occur. In addition, no compensation or consideration is required for, and no conditions attach to, the conveyance.

WHEREAS, upon review and recommendation from the County Attorney’s Office, the County Board of Commissioners hereby finds that the City of Rochester has certified to the Board that prior to forfeiture the City was entitled to the parcel in question under a written development agreement or instrument which was recorded in 2002, but the conveyance failed to occur prior to forfeiture. The City has established this parcel was originally dedicated for use as a stormwater management pond and the City intends to continue to use it for this purpose following the conveyance. NOW, THEREFORE, BE IT RESOLVED, that, the Board of Commissioners does hereby support the request of the City of Rochester to become the legal owner of this property via a conveyance of a quitclaim deed from the Minnesota Department of Revenue pursuant to Minn. Stat. Section 282.01, Subd. 1a(f) with no compensation or consideration being required for, and no conditions attached to, the conveyances except payment of the usual costs associated with recording the documents conveying title. The County Attorney is authorized and directed to assist the County Auditor as needed to have these conveyances approved by the State of Minnesota and prepare any documents needed to facilitate these conveyances. The Board Chairperson and Deputy Clerk-Administrator are authorized to sign any documents deemed necessary to the conveyances by the County Attorney. The Chief Financial Officer is authorized to process such payments as are necessary to facilitate the acquisition of these parcels by the City of Rochester. Dated at Rochester, Minnesota June 6th, 2017

Approved grant contract of $75,000 annually for state fiscal years 2018 and 2019 with the Minnesota Department of Human Services, Office of Inspector General. Approved contract with Midwest Fraud Investigations for $65,648.87 for state fiscal year 2018 and $65,218.00 for state fiscal year 2019.

REGULAR AGENDA

DISCUSSION/DECISION ITEMS Bier moved; Thein seconded, to approve the State of Minnesota Department of Human Services Grant Contract for Sustainability of Assertive Community Treatment Services in the amount of $157,307 for the term of May 30, 2017 through December 31, 2018.

Motion: [Unanimous]


Bier moved; Kiscaden seconded, to approve the Purchase of Service Agreement with Independent School District #535 for the term of April 1, 2017 through December 31, 2017 at the rates listed below. ·Foster Care Transportation - Van $40.00 per hour ·Foster Care Transportation - Accessible Van $42.00 per hour

Motion: [Unanimous]


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BOARD/COMMITTEE REPORTS

VOLUNTEER APPOINTMENT Bier moved; Flynn seconded, to approve James Johnson to the Public Health Services Advisory Board.

Motion: [Unanimous]


ADJOURN Bier moved; Thein seconded, to adjourn the meeting until June 20, 2017 at 3:00 PM.

Motion: [Unanimous]


______________________________________ Kenneth Brown, County Board Chair

______________________________________ Heidi Welsch, Clerk/Deputy Administrator

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Updated: 6/13/2017 11:52 AM A


REQUEST BY: Sarah Welper, Human Resources

STATE ITEM OF BUSINESS WITH BRIEF ANALYSIS AND ACTION REQUESTED OF THE COUNTY BOARD: Personnel status changes






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_X_ Recruit and Retain Excellent and Diverse Staff



BACKGROUND: Personnel changes that have been received and processed since the previous board meeting.

COUNTY BOARD ACTION REQUESTED: REGULAR APPOINTMENT Jeffery Harris 06/26/2017 Corrections $29.90 (Probation Officer) PROVISIONAL WITH BENEFITS Bridgett Winkels 06/12/2017 Environmental Resources $24.00 (Water Quality Coordinator through 6/12/2018) PROVISIONAL WITHOUT BENEFITS Whitney Bekaert 06/05/2017 County Attorney $14.65 (Clerk through 07/31/2017) REINSTATEMENT Jennifer O’Connor 06/12/2017 Community Services $26.02 (Social Worker) PROMOTION Justin Gammell 06/12/2017 ITS $29.81 (Provisional ITS Workflow Specialist to Regular ITS Workflow Specialist) Sarah Oachs 06/12/2017 Community Services $52.82 (Evaluation & Analysis Manager to Deputy Director of Community Services) Diane Paradise 06/12/2017 Community Services $34.98 (Executive Assistant to Support Services Supervisor)

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Action Item (ID # 2587) Meeting of June 20, 2017

Updated: 6/13/2017 11:52 AM A

RECLASSIFICATION Abigail Wendt 04/24/2017 County Attorney $21.05 (Legal Assistant to Paralegal per career track) Arely Moreno-Gomez 06/27/2017 Community Services $21.00 (Eligibility Specialist Trainee to Eligibility Specialist per career track) NEW POSITION Jeremy Olson 06/12/2017 Environmental Resources $26.91 (Systems Operator 1 to Maintenance Mechanic 1) TITLE CHANGE Jeffrey Ellerbusch 06/12/2017 Planning N/C (Analysis Planning and Policy Division Supervisor to Planning Supervisor) SALARY ADJUSTMENT Nora Rhome 05/15/2017 Public Works $15.00 (Seasonal Naturalist) Ronald Ripley 06/06/2017 Planning $40.00 (Senior Code Enforcement Inspector) INCREASE IN HOURS Lee Kanz 06/12/2017 Finance N/C (Senior Accounting Technician- 0.75 FTE to 1.00 FTE through 10/29/2017) Sara Root 06/12/2017 Public Health N/C (Nutrition Specialist- 0.75 FTE to 0.85 FTE) RESIGNATION Caleb Feine 05/23/2017 Sheriff (Transport Guard) Justin Stotts 06/16/2017 Community Services (Senior Rental Assistance Technician) EXPIRED PROVISIONAL Melissa Velez-Hames 05/31/2017 County Attorney (Legal Assistant) Theresa Fogarty 06/30/2017 Planning (Senior Planner, Phased Retirement) SEPARATION Agustin Pelaez 05/25/2017 Sheriff (Detention Deputy) RETIREMENT Laura Pettey 07/31/2017 Community Services (Social Worker)

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Updated: 6/13/2017 11:52 AM A

Reviewed with additional material provided: ____ Approved ____ County Administrator

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Updated: 6/14/2017 3:15 PM B


REQUEST BY: Paul Fleissner, Community Services Amy Shillabeer, Community Services, Jill Schmidt, Community Services

STATE ITEM OF BUSINESS WITH BRIEF ANALYSIS AND ACTION REQUESTED OF THE COUNTY BOARD: Acceptance and signature of grant funding agreement with United Way of Olmsted County for the LEAD Mentorship Program. LEAD stands for Leading and Empowering All children of color to their Dreams.






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BACKGROUND: Since 2013, Olmsted County Community Services has received a United Way grant for the LEAD Mentorship program. The United Way has awarded this grant for another year for the period of July, 2017-June, 2018. The PACE (Parents and Children Excel) program was developed to respond to the needs of children and families of color who are at risk of negative educational outcomes. Most of the families served by PACE are economically disadvantaged and on free and reduced lunch. The PACE program works specifically with families and youth of color, between 7 and 14, who have attendance issues in school or behavior problems at home, school or community. PACE also coordinates a positive teen-peer mentorship program for the younger children through the LEAD. LEAD mentors are made up of male and female high school students of various ethnicities. These mentors are paired with students on the PACE caseload. There are currently approximately 30 LEAD mentors. The mentors are engaged in a number of activities throughout the year. They have 2 face to face contacts with their mentees every month, one of which is a large group activity in the community. In addition, they participate in projects in the community, e.g. a monthly leadership circle at Bamber Valley elementary, “Litter Bit Better”, Tree plantings, preparing with their mentees, holiday gift baskets for residents of Ronald McDonald House. PACE staff is committed to the educational success of the mentors and since the inception of the program more than 10 years ago, all of the mentors have graduated and gone on to post-secondary education.

COUNTY BOARD ACTION REQUESTED:

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Updated: 6/14/2017 3:15 PM B

Approve the Letter of Understanding Program Funding Agreement for the acceptance of the 2017 United Way grant in the amount of $22,500.00 for the LEAD Mentorship program. Funding will be received monthly beginning July, 2017 through June, 2018. Delegate signature authority to Paul Fleissner. Reviewed with additional material provided: ____ Approved ____ County Administrator

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Updated: 6/7/2017 12:26 PM



STATE ITEM OF BUSINESS WITH BRIEF ANALYSIS AND ACTION REQUESTED OF THE COUNTY BOARD: Approve Gambling Permit for Lake Zumbro Forever.






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BACKGROUND: Lake Zumbro Forever will be hosting a raffle drawing to be held on September 9, 2017, at Uncle John's Bar and Grill, 12510 Oaklodge Lane NE, Rochester, MN 55906.

COUNTY BOARD ACTION REQUESTED: Approve a raffle drawing for Lake Zumbro Forever to be held on September 9, 2017, at Uncle John's Bar and Grill, 12510 Oaklodge Lane NE, Rochester, MN 55906. Reviewed with additional material provided: ____ Approved ____ County Administrator

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1

MINNESOTA LAWFUL GAMBLINGLG220 Application for Exempt Permit

1/13 Page 1 of 2

An exempt permit may be issued to a nonprofit organization that:- conducts lawful gambling on five or fewer days, and- awards less than $50,000 in prizes during a calendar year.

If total prize value for the year will be $1,500 or less, contact the licensing specialist assigned to your county.

Application fee (non refundable)

If application is postmarked or received 30 days or more before the event $50; otherwise $100. ')

ORGANIZATION INFORMATIONOrganization nameon name ~~~

Zom&rq fo&Evfey?Previous gambling permit number

X-^3\e&" \(0"Go4-Minnesota tax ID number, if any

164T72D-2Federal employer ID number (FEIN), if any

20- BOA-E b 2- 3Type of nonprofit organization. Check one.

_____ Fraternal ______Religious _____ Veterans Other nonprofit organization

Mailing address , t, , CityI2-4-V7 0aUlN.F ItocUEZiB.')

State

hLZip code

MCounty

OLMName of chief executive officer [CEO]

jfC/VUL 5CUlJLL£flDaytime phone number5tfl-

E-mail addressX&&L1Z&6M £)AqL , 1

NONPROFIT STATUSAttach a copy of ONE of the following for proof of nonprofit status.

_____ Nonprofit Articles of Incorporation OR a current Certificate of Good Standing.Don't have a copy? This certificate must be obtained each year from:Secretary of State, Business Services Div., 60 Empire Drive, Suite 100, St. Paul, MN 55103Phone: 651-296-2803

A. . IRS income tax exemption [501(c)] letter in your organization's name.Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contactthe IRS at 877-829-5500.

. IRS - Affiliate of national, statewide, or international parent nonprofit organization [charter]If your organization falls under a parent organization, attach copies of both of the following:a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, andb. the charter or letter from your parent organization recognizing your organization as a subordinate.

GAMBLING PREMISES INFORMATIONName of premises where the gambling event,will be conducted. For raffles, list the site where the drawing will take place.OhC^_J<pt-fNcs 2)Afc i&tii al____

Address [do not use PO box] City or township Zip code County/ 2.510 Oak k@3)&EUjhft: XofME^’TW. Mu

Date[s] of activity. For raffles, indicate the date of the drawing.SePT, 4.loti

Check each type of gambling activity that your organization will conduct. _____ Bingo* X Raffle Paddlewheels* _____ Pull-tabs* . Tipboards*

*Gamblirtg equipment for bingo paper, paddlewheels, pull-tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo.

To find a licensed distributor, go to www.gcb.state,mn.us and click on Distributors underthe WHO'S WHO? LIST OF LICENSEES, or call 651-639-4000.

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LG220 Application for Exempt Permit 1/13 page 2 of 2

LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENTCITY APPROVAL

for a gambling premiseslocated within city limits

___The application is acknowledged with no waiting period.

___The application is acknowledged with a 30 day waitingperiod, and allows the Board to issue a permit after 30 days [60 days for a 1st class city].

___The application is denied.

Print city name

COUNTY APPROVALfor a gambling premises

located in a townshipThe application is acknowledaed with no waitina period.

The application is acknowledaed with a 30 dav waitina period, and allows the Board to issue a permit after 30 days.

The application is denied.Print countv name

Signature of city personnel Signature of county personnel

Title Date Title Date

TOWNSHIP. If required by the county.On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits.[A township has no statutory authority to approve or deny an application, per Minnesota Statutes 349.166.]Print township name 0^0l\fQCO ■' '

Sianature of township officer ■ /' .< '1 ./ / A'Title CiuK-\r /0£v-Date/' 'ft 7

, iLocal unit of government must sign |

CHIEF EXECUTIVE OFFICER'S SIGNATUREThe information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to Board vyithin 30 days of the event date. ^ / rChief executive officer’s sianature ^n/biA^ iLU^Ifb Date j30^l^j

Print name £? Otr4 U \^~ f_£5^\

REQUIREMENTSComplete a separate application for:• all gambling conducted on two or more consecutive days, or• all gambling conducted on one day.

Only one application is required if one or more raffle drawings are conducted on the same day

Send application with:a copy of your proof of nonprofit status, and

^application fee (non refundable). Make check payable to "State of Minnesota."

Financial report and recordkeeping requiredA financial report form and instructions will be sent with your permit, or use the online fill-in form available at www.gcb.state.mn.us.

Within 30 days of the event date, complete and return the financial report form to the Gambling Control Board.

Questions?Call the Licensing Section of the Gambling Control Board at 651-639-4000.

To: Gambling Control Board1711 West County Road B, Suite 300 South Roseville, MM 55113

Data privacy notice: The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your organization's qualifications to be involved in lawful gambling activities in Minnesota. Your organization has the right to refuse to supply the information; however, if your organization refuses to supply this information, the Board may not be able to determine your organization's qualifications and, as a consequence, may refuse to issue a permit. If your organization supplies the information requested, the Board will be able to process the application. Your organization's name and address will be public information when received by the Board.

This form will be made available in alternative format (i.e. large print, Braille) upon request.

All other information provided will be private data about your organization until the Board issues the permit. When the Board issues the permit, all information provided will become public. If the Board does not issue a permit, all information provided remains private, with the exception of your organization's name and address which will remain public. Private data about your organization are available to: Board members, Board staff whose work requires access to the information; Minnesota's Department of Public Safety; Attorney

General; Commissioners of Administration, Minnesota Management & Budget, and Revenue; Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this notice was given; and anyone with your written consent.

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INTERNAL REVENUE SERVICE P. 0. BOX 2508 CINCINNATI, OH 45201

Date: MAR 0 tj 2008LAKE ZUMBRO FOREVER INC C/O JOHN ARNOLD DUNLAP Sc SEEGER PA 206 S BROADWAY STE 505 ROCHESTER, MN 55904

DEPARTMENT OF THE TREASURY

Employer Identification Number:20-5048523

DLN :17053016013018

Contact Person:L. WAYNE BOTHE ID# 31462Contact Telephone Number:(877) 829-5500

Accounting Period Ending:December 31

Public Charity Status:170 (b) (1) (A) (vi)

Form 990 Required:Yes

Effective Date of Exemption:June 15, 2006

Contribution Deductibility:Yes

Advance Ruling Ending Date:December 31, 2010

Addendum Applies:No

Dear Applicant:

We are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501(c) (3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code, You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records.

Organizations exempt under section 501(c)(3) of the Code are further classified as either public charities or private foundations, During your advance ruling period, you will be treated as a public charity. Your advance ruling period begins with the effective date of your exemption and ends with advance ruling ending date shown in the heading of the letter.

Shortly before the end of your advance ruling period, we will send you Form 8734, Support Schedule for Advance Ruling Period. You will have 90 days after the end of your advance ruling period to return the completed form. We will then notify you, in writing, about your public charity status.

Please see enclosed Publication 4221-PC, Compliance Guide for 501(c)(3) Public Charities, for some helpful information about your responsibilities as an exempt organization.

Letter 1045 (DO/CG)

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-2-

LAKE ZUMBRO FOREVER INC

We have sent a copy of this letter to your representative as indicated in your power of attorney.

Sincerely,

Robert ChoiDirector, Exempt Organizations Rulings and Agreements

Enclosures: Publication 4221-PC Statute Extension

Letter 1045 (DO/CG)

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REQUEST BY: Paul Fleissner, Community Services Emily Colbenson Ties, Community Services, Jill Schmidt, Community Services

STATE ITEM OF BUSINESS WITH BRIEF ANALYSIS AND ACTION REQUESTED OF THE COUNTY BOARD: Board approval to accept the continuation of grant funding from DHS for wraparound services to CREST clients currently residing in Anoka Metro Regional Treatment Center or the Minnesota Security Hospital - St. Peter to support transitioning clients into community settings of their choice.






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BACKGROUND: In April, 2014, the Minnesota Department of Human Services (DHS) issued a Request for Proposal to counties for wraparound services necessary to obtain and retain community tenure and stability for individuals from Anoka Metro Regional Treatment Center (AMRTC) and/or the MN Security Hospital (MSH) - St. Peter. DHS enthusiastically accepted Olmsted County’s proposal that included expansion of the current services provided for the CREST counties to AMRTC clients and development of wraparound services to MSH clients. $200,000 was provided by DHS for the period of 6/15/14 - 6/30/15 and $640,000 for the period of 7/1/15- 6/30/17. This new 2 year extension of the grant will be for $340,809 for 7/1/17-6/30/18 and $200,000 for 7/1/18-6/30/19. Grant funding has primarily been used for flex funding of services/items not reimbursable by Medical Assistance (MA) such as housing support, home care, habilitation support, basic needs, and employment assistance. However, the grant has also allowed the counties to use the funds to supplement staff costs including 1 FTE Social Worker/Liaison Case Manager, .5 FTE Senior Social Worker/Project Coordinator, and 1 FTE Rehabilitation Worker. These grant funds are allocated on a cost-reimbursement basis, with expenditure categories pre-approved and reimbursement made within 30 days of receipt of the invoice. The CREST Adult Mental Health Initiative (AMHI) integrates State financial resources between the following entities (Participating Counties) in Southeast Minnesota; Fillmore County, Goodhue County, Houston County, Minnesota Prairie County Alliance, Mower County, Olmsted

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Updated: 6/14/2017 3:17 PM A

County, Wabasha County, and Winona County. Olmsted County is the fiscal host for CREST, thereby receiving, contracting and distributing DHS funding such as AMHI funds and grant funds designated to be used in the CREST counties.

COUNTY BOARD ACTION REQUESTED: Approve continuation of the grant funding and contract with the Minnesota Department of Human Services for $540,809.00 for AMRTC/MSH transition services effective July 1, 2017 through June 30, 2019. Reviewed with additional material provided: ____ Approved ____ County Administrator

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Updated: 6/13/2017 11:58 AM


REQUEST BY: Kaye Bieniek, Public Works Dale Prestegard, Public Works

STATE ITEM OF BUSINESS WITH BRIEF ANALYSIS AND ACTION REQUESTED OF THE COUNTY BOARD: The current Master Partnership Contract between Olmsted County and the Minnesota Department of Transportation (MnDOT) will expire June 30, 2017. The Public Works Department requests the approval of a new Master Partnership Contract. THIS REQUEST IS ALIGNED WITH THE FOLLOWING STRATEGIC PRIORITIES: Build the Community





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BACKGROUND: Local governments and MnDOT are authorized by Minnesota Statues Sections 471.59, 174.02, and 161.20 to undertake collaborative efforts for the design, construction, maintenance, and operation of state and local roads. A Master Partnership Contract between Olmsted County and MnDOT maximizes the efficiency and flexibility in responding to identified collaborative opportunities. The County Engineer/Assistant County Engineer are authorized to execute Work Orders on behalf of Olmsted County.

COUNTY BOARD ACTION REQUESTED: Approve the attached resolution, and two (2) copies of the Master Partnership Contract, authorizing the collaboration for transportation services with MnDOT for a period of five (5) years. Reviewed with additional material provided: ____ Approved ____ County Administrator

…

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RESOLUTION No. 17-

WHEREAS, The Minnesota Department of Transportation, MnDOT, wishes to cooperate closely with local units of government to coordinate the delivery of transportation services and maximize the efficient delivery of such services at all levels of government; and

WHEREAS, MnDOT and Olmsted County are authorized by Minnesota Statutes

sections 471.59, 174.02, and 161.20 to undertake collaborative efforts for the design, construction, maintenance, and operation of state and local roads; and

WHEREAS, the parties wish to be able to respond quickly and efficiently to such

opportunities for collaboration, and have determined that by having the ability to write “work orders” against a master contract would provide the greatest speed and flexibility in responding to identified needs.

NOW THEREFORE BE IT RESOLVED, the County of Olmsted enter into Master

Partnership Contract No. 1028517 with MnDOT. That the County Board Chairperson and Administrator are authorized to execute such contract and any amendments thereto. That the County Engineer/Assistant County Engineer are authorized to negotiate and execute work order contracts on behalf of the County of Olmsted, pursuant to the Master Contract without further approval by this board. The work order contracts may provide for payment to or from MnDOT.

Dated at Rochester, Minnesota this 20th day of June, 2017

OLMSTED COUNTY BOARD OF COMMISSIONERS

Kenneth Brown, Chairperson ATTEST: Heidi Welsch, Clerk/Deputy Administrator

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Page 1 of 13

CM Master Partnership Contract (CM Rev. 04/10/2017)

STATE OF MINNESOTA

AND

OLMSTED COUNTY

MASTER PARTNERSHIP CONTRACT

This master contract is between the State of Minnesota, acting through its Commissioner of Transportation in this contract

referred to as the “State” and the OLMSTED County, acting through its County Board in this contract referred to as the

“Local Government."

Recitals

1. The parties are authorized to enter into this contract pursuant to Minnesota Statutes, §§15.061, 471.59 and 174.02.

2. Minn. Stat. § 161.20, subd. 2, authorizes the Commissioner of Transportation to make arrangements with and

cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk

highway system.

3. Each party to this contract is a “road authority” as defined by Minn. Stat. §160.02, subd. 25.

4. Minn. Stat. § 161.39, subd. 1, authorizes a road authority to perform work for another road authority. Such work

may include providing technical and engineering advice, assistance and supervision, surveying, preparing plans

for the construction or reconstruction of roadways, and performing roadway maintenance.

5. Minn. Stat. §174.02, subd. 6, authorizes the Commissioner of Transportation to enter into contracts with other

governmental entities for research and experimentation; for sharing facilities, equipment, staff, data, or other

means of providing transportation-related services; or for other cooperative programs that promote efficiencies in

providing governmental services, or that further development of innovation in transportation for the benefit of the

citizens of Minnesota.

6. Each party wishes to occasionally purchase services from the other party, which the parties agree will enhance the

efficiency of delivering governmental services at all levels. This Master Partnership Contract (MPC) provides a

framework for the efficient handling of such requests. This MPC contains terms generally governing the

relationship between the parties. When specific services are requested, the parties will (unless otherwise specified)

enter into a “Work Order” contracts.

7. After the execution of this MPC, the parties may (but are not required to) enter into “Work Order” contracts.

These Work Orders will specify the work to be done, timelines for completion, and compensation to be paid for

the specific work.

8. The parties are entering into this MPC to establish terms that will govern all of the Work Orders subsequently

issued under the authority of this Contract.

Master Partnership Contract

1. Term of Master Partnership Contract; Use of Work Order Contracts; Survival of Terms

1.1. Effective Date: This contract will be effective on the date last signed by the Local Government, and all

State officials as required under Minn. Stat. § 16C.05, subd. 2.

1.2. A party must not accept work under this Contract until it is fully executed.

1.3. Expiration Date. This Contract will expire on June 30, 2022.

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1.4. Work Order Contracts. A work order contract must be negotiated and executed (by both the State and the

Local Government) for each particular engagement, except for Technical Services provided by the State

to the Local Government as specified in Article 2. The work order contract must specify the detailed

scope of work and deliverables for that project. A party must not begin work under a work order until the

work order is fully executed. The terms of this MPC will apply to all work orders contracts issued, unless

specifically varied in the work order. The Local Government understands that this MPC is not a guarantee

of any payments or work order assignments, and that payments will only be issued for work actually

performed under fully-executed work orders.

1.5. Survival of Terms. The following clauses survive the expiration or cancellation of this master contract

and all work order contracts: 12. Liability; 13. State Audits; 14. Government Data Practices and

Intellectual Property; 17. Publicity; 18. Governing Law, Jurisdiction, and Venue; and 22. Data Disclosure.

All terms of this MPC will survive with respect to any work order contract issued prior to the expiration

date of the MPC.

1.6. Sample Work Order. A sample work order contract is available upon request from the State.

1.7. Definition of “Providing Party” and “Requesting Party”. For the purpose of assigning certain duties and

obligations in the MPC to work order contracts, the following definitions will apply throughout the MPC.

“Requesting Party” is defined as the party requesting the other party to perform work under a work order

contract. “Providing Party” is defined as the party performing the scope of work under a work order

contract.

2. Technical Services

2.1. Technical Services include repetitive low-cost services routinely performed by the State for the Local

Government. These services may be performed by the State for the Local Government without the

execution of a work order, as these services are provided in accordance with standardized practices and

processes and do not require a detailed scope of work. Exhibit A – Table of Technical Services is

attached.

2.1.1. Every other service not falling under the services listed in Exhibit A will require a work order

contract.

2.2. The Local Government may request the State to perform Technical Services in an informal manner, such

as by the use of email, a purchase order, or by delivering materials to a State lab and requesting testing. A

request may be made via telephone, but will not be considered accepted unless acknowledged in writing

by the State.

2.3. The State will promptly inform the Local Government if the State will be unable to perform the requested

Technical Services. Otherwise, the State will perform the Technical Services in accordance with the

State’s normal processes and practices, including scheduling practices taking into account the availability

of State staff and equipment.

2.4. Payment Basis. Unless otherwise agreed to by the parties prior to performance of the services, the State

will charge the Local Government the State’s then-current rate for performing the Technical Services.

The then-current rate may include the State’s normal and customary additives. The State will invoice the

Local Government upon completion of the services, or at regular intervals not more than once monthly as

agreed upon by the parties. The invoice will provide a summary of the Technical Services provided by the

State during the invoice period.

3. Services Requiring A Work Order Contract

3.1. Work Order Contracts: A party may request the other party to perform any of the following services

under individual work order contracts.

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3.2. Professional and Technical Services. A party may provide professional and technical services upon the

request of the other party. As defined by Minn. Stat. §16C.08, subd. 1, professional/technical services

“means services that are intellectual in character, including consultation, analysis, evaluation, prediction,

planning, programming, or recommendation; and result in the production of a report or completion of a

task.” Professional and technical services do not include providing supplies or materials except as

incidental to performing such services. Professional and technical services include (by way of example

and without limitation) engineering services, surveying, foundation recommendations and reports,

environmental documentation, right-of-way assistance (such as performing appraisals or providing

relocation assistance, but excluding the exercise of the power of eminent domain), geometric layouts,

final construction plans, graphic presentations, public relations, and facilitating open houses. A party will

normally provide such services with its own personnel; however, a party’s professional/technical services

may also include hiring and managing outside consultants to perform work provided that a party itself

provides active project management for the use of such outside consultants.

3.3. Roadway Maintenance. A party may provide roadway maintenance upon the request of the other party.

Roadway maintenance does not include roadway reconstruction. This work may include but is not limited

to snow removal, ditch spraying, roadside mowing, bituminous mill and overlay (only small projects),

seal coat, bridge hits, major retaining wall failures, major drainage failures, and message painting. All

services must be performed by an employee with sufficient skills, training, expertise or certification to

perform such work, and work must be supervised by a qualified employee of the party performing the

work.

3.4. Construction Administration. A party may administer roadway construction projects upon the request of

the other party. Roadway construction includes (by way of example and without limitation) the

construction, reconstruction, or rehabilitation of mainline, shoulder, median, pedestrian or bicycle

pathway, lighting and signal systems, pavement mill and overlays, seal coating, guardrail installation, and

channelization. These services may be performed by the Providing Party’s own forces, or the Providing

Party may administer outside contracts for such work. Construction administration may include letting

and awarding construction contracts for such work (including state projects to be completed in

conjunction with local projects). All contract administration services must be performed by an employee

with sufficient skills, training, expertise or certification to perform such work.

3.5. Emergency Services. A party may provide aid upon request of the other party in the event of a man-made

disaster, natural disaster or other act of God. Emergency services includes all those services as the parties

mutually agree are necessary to plan for, prepare for, deal with, and recover from emergency situations.

These services include, without limitation, planning, engineering, construction, maintenance, and removal

and disposal services related to things such as road closures, traffic control, debris removal, flood

protection and mitigation, sign repair, sandbag activities and general cleanup. Work will be performed by

an employee with sufficient skills, training, expertise or certification to perform such work, and work

must be supervised by a qualified employee of the party performing the work. If it is not feasible to have

an executed work order prior to performance of the work, the parties will promptly confer to determine

whether work may be commenced without a fully-executed work order in place. If work commences

without a fully-executed work order, the parties will follow up with execution of a work order as soon as

feasible.

3.6. When a need is identified, the State and the Local Government will discuss the proposed work and the

resources needed to perform the work. If a party desires to perform such work, the parties will negotiate

the specific and detailed work tasks and cost. The State will then prepare a work order contract.

Generally, a work order contract will be limited to one specific project/engagement, although “on call”

work orders may be prepared for certain types of services, especially for “Technical Services” items as

identified section 2.1.. The work order will also identify specific deliverables required, and timeframes for

completing work. A work order must be fully executed by the parties prior to work being commenced.

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The Local Government will not be paid for work performed prior to execution of a work order contract

and authorization by the State.

4. Responsibilities of the Providing Party

4.1. Terms Applicable to ALL Work Order Contracts. The terms in this section 4.1 will apply to ALL work

order contracts.

4.1.1. Each work order will identify an Authorized Representative for each party. Each party’s

authorized representative is responsible for administering the work order, and has the authority to

make any decisions regarding the work, and to give and receive any notices required or permitted

under this MPC or the work order.

4.1.2. The Providing Party will furnish and assign a publicly employed licensed engineer (Project

Engineer), to be in responsible charge of the project(s) and to supervise and direct the work to be

performed under each work order contract. For services not requiring an engineer, the Providing

Party will furnish and assign another responsible employee to be in charge of the project. The

services of the Providing Party under a work order contract may not be otherwise assigned,

sublet, or transferred unless approved in writing by the Requesting Party’s authorized

representative. This written consent will in no way relieve the Providing Party from its primary

responsibility for the work.

4.1.3. If the Local Government is the Providing Party, the Project Engineer may request in writing

specific engineering and/or technical services from the State, pursuant to Minn. Stat. Section

161.39. The work order Contract will require the Local Government to deposit payment in

advance. The costs and expenses will include the current State additives and overhead rates,

subject to adjustment based on actual direct costs that have been verified by audit.

4.1.4. Only the receipt of a fully executed work order contract authorizes the Providing Party to begin

work on a project. Any and all effort, expenses, or actions taken by the Providing Party before the

work order contract is fully executed are considered unauthorized and undertaken at the risk of

non-payment.

4.1.5. In connection with the performance of this contract and any work orders issued, the Providing

Agency will comply with all applicable Federal and State laws and regulations. When the

Providing Party is authorized or permitted to award contracts in connection with any work order,

the Providing Party will require and cause its contractors and subcontractors to comply with all

Federal and State laws and regulations.

4.2. Additional Terms for Roadway Maintenance. The terms of section 4.1 and this section 4.2 will apply to

all work orders for Roadway Maintenance.

4.2.1. Unless otherwise provided for by contract or work order, the Providing Party must obtain all

permits and sanctions that may be required for the proper and lawful performance of the work.

4.2.2. The Providing Party must perform maintenance in accordance with MnDOT maintenance

manuals, policies and operations.

4.2.3. The Providing Party must use State-approved materials, including (by way of example and without

limitation), sign posts, sign sheeting, and de-icing and anti-icing chemicals.

4.3. Additional Terms for Construction Administration. The terms of section 4.1 and this section 4.3 will

apply to all work order contracts for construction administration.

4.3.1. Contract(s) must be awarded to the lowest responsible bidder or best value proposer in

accordance with state law.

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4.3.2. Contractor(s) must be required to post payment and performance bonds in an amount equal to the

contract amount. The Providing Party will take all necessary action to make claims against such

bonds in the event of any default by the contractor.

4.3.3. Contractor(s) must be required to perform work in accordance with the latest edition of the

Minnesota Department of Transportation Standard Specifications for Construction.

4.3.4. For work performed on State right-of-way, contractor(s) must be required to indemnify and hold

the State harmless against any loss incurred with respect to the performance of the contracted

work, and must be required to provide evidence of insurance coverage commensurate with project

risk.

4.3.5. Contractor(s) must pay prevailing wages pursuant to applicable state and federal law.

4.3.6. Contractor(s) must comply with all applicable Federal, and State laws, ordinances and

regulations, including but not limited to applicable human rights/anti-discrimination laws and

laws concerning the participation of Disadvantaged Business Enterprises in federally-assisted

contracts.

4.3.7. Unless otherwise agreed in a work order contract, each party will be responsible for providing

rights of way, easement, and construction permits for its portion of the improvements. Each party

will, upon the other’s request, furnish copies of right of way certificates, easements, and

construction permits.

4.3.8. The Providing Party may approve minor changes to the Requesting Party’s portion of the project

work if such changes do not increase the Requesting Party’s cost obligation under the applicable

work order contract.

4.3.9. The Providing Party will not approve any contractor claims for additional compensation without

the Requesting Party’s written approval, and the execution of a proper amendment to the

applicable work order contract when necessary. The Local Government will tender the processing

and defense of any such claims to the State upon the State’s request.

4.3.10. The Local Government must coordinate all trunk highway work affecting any utilities with the

State’s Utilities Office.

4.3.11. The Providing Party must coordinate all necessary detours with the Requesting Party.

4.3.12. If the Local Government is the Providing Party, and there is work performed on the trunk

highway right-of-way, the following will apply:

4.3.12.1 The Local Government will have a permit to perform the work on the trunk highway.

The State may revoke this permit if the work is not being performed in a safe, proper

and skillful manner, or if the contractor is violating the terms of any law, regulation, or

permit applicable to the work. The State will have no liability to the Local Government,

or its contractor, if work is suspended or stopped due to any such condition or concern.

4.3.12.2 The Local Government will require its contractor to conduct all traffic control in

accordance with the Minnesota Manual on Uniform Traffic Control Devices.

4.3.12.3 The Local Government will require its contractor to comply with the terms of all

permits issued for the project including, but not limited to, National Pollutant

Discharge Elimination System (NPDES) and other environmental permits.

4.3.12.4 All improvements constructed on the State’s right-of-way will become the property of

the State.

5. Responsibilities of the Requesting Party

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5.1. After authorizing the Providing Party to begin work, the Requesting Party will furnish any data or

material in its possession relating to the project that may be of use to the Providing Party in performing

the work.

5.2. All such data furnished to the Providing Party will remain the property of the Requesting Party and will

be promptly returned upon the Requesting Party’s request or upon the expiration or termination of this

contract (subject to data retention requirements of the Minnesota Government Data Practices Act and

other applicable law).

5.3. The Providing Party will analyze all such data furnished by the Requesting Party. If the Providing Party

finds any such data to be incorrect or incomplete, the Providing Party will bring the facts to the attention

of the Requesting Party before proceeding with the part of the project affected. The Providing Party will

investigate the matter, and if it finds that such data is incorrect or incomplete, it will promptly determine a

method for furnishing corrected data. Delay in furnishing data will not be considered justification for an

adjustment in compensation.

5.4. The State will provide to the Local Government copies of any Trunk Highway fund clauses to be included

in the bid solicitation and will provide any required Trunk Highway fund provisions to be included in the

Proposal for Highway Construction, that are different from those required for State Aid construction.

5.5. The Requesting Party will perform final reviews and inspections of its portion of the project work. If the

work is found to have been completed in accordance with the work order contract, the Requesting Party

will promptly release any remaining funds due the Providing Party for the Project(s).

5.6. The work order contracts may include additional responsibilities to be completed by the Requesting Party.

6. Time

In the performance of project work under a work order contract, time is of the essence.

7. Consideration and Payment

7.1. Consideration. The Requesting Party will pay the Providing Party as specified in the work order. The

State’s normal and customary additives will apply to work performed by the State, unless otherwise

specified in the work order. The State’s normal and customary additives will not apply if the parties agree

to a “lump sum” or “unit rate” payment.

7.2. State’s Maximum Obligation. The total compensation to be paid by the State to the

Local Government under all work order contracts issued pursuant to this MPC will not

exceed $1,000,000.00.

7.3. Travel Expenses. It is anticipated that all travel expenses will be included in the base cost of the

Providing Party’s services, and unless otherwise specifically set forth in an applicable work order

contract, the Providing Party will not be separately reimbursed for travel and subsistence expenses

incurred by the Providing Party in performing any work order contract. In those cases where the State

agrees to reimburse travel expenses, such expenses will be reimbursed in the same manner and in no

greater amount than provided in the current "MnDOT Travel Regulations” a copy of which is on file with

and available from the MnDOT District Office. The Local Government will not be reimbursed for travel

and subsistence expenses incurred outside of Minnesota unless it has received the State’s prior written

approval for such travel.

7.4. Payment.

7.4.1. Generally. The Requesting Party will pay the Providing Party as specified in the applicable work

order, and will make prompt payment in accordance with Minnesota law.

7.4.2. Payment by the Local Government.

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7.4.2.1. The Local Government will make payment to the order of the Commissioner of

Transportation.

7.4.2.2. IMPORTANT NOTE: PAYMENT MUST REFERENCE THE “MNDOT

CONTRACT NUMBER” SHOWN ON THE FACE PAGE OF THIS CONTRACT

AND THE “INVOICE NUMBER” ON THE INVOICE RECEIVED FROM

MNDOT.

7.4.2.3. Remit payment to the address below:

MnDOT

Attn: Cash Accounting

RE: MnDOT Contract Number 1028517.

Mail Stop 215

395 John Ireland Blvd

St. Paul, MN 55155

7.4.3. Payment by the State.

7.4.3.1. Generally. The State will promptly pay the Local Government after the Local

Government presents an itemized invoice for the services actually performed and the

State's Authorized Representative accepts the invoiced services. Invoices must be

submitted as specified in the applicable work order, but no more frequently than monthly.

7.4.3.2. Retainage for Professional and Technical Services. For work orders for professional and

technical services, as required by Minn. Stat. § 16C.08, subd. 2(10), no more than 90

percent of the amount due under any work order contract may be paid until the final

product of the work order contract has been reviewed by the State’s authorized

representative. The balance due will be paid when the State’s authorized representative

determines that the Local Government has satisfactorily fulfilled all the terms of the work

order contract.

8. Conditions of Payment

All work performed by the Providing Party under a work order contract must be performed to the Requesting

Party’s satisfaction, as determined at the sole and reasonable discretion of the Requesting Party’s Authorized

Representative and in accordance with all applicable federal and state laws, rules, and regulations. The Providing

Party will not receive payment for work found by the State to be unsatisfactory or performed in violation of

federal or state law.

9. Local Government’s Authorized Representative and Project Manager; Authority to Execute Work Order

Contracts

9.1. The Local Government’s Authorized Representative for administering this master contract is the Local

Government’s Engineer, and the Engineer has the responsibility to monitor the Local Government’s

performance. The Local Government’s Authorized Representative is also authorized to execute work

order contracts on behalf of the Local Government without approval of each proposed work order

contract by its governing body.

9.2. The Local Government’s Project Manager will be identified in each work order contract.

10. State’s Authorized Representative and Project Manager

10.1. The State's Authorized Representative for this master contract is the District State Aid Engineer, who has

the responsibility to monitor the State’s performance.

10.2. The State’s Project Manager will be identified in each work order contract.

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11. Assignment, Amendments, Waiver, and Contract Complete

11.1. Assignment. Neither party may assign or transfer any rights or obligations under this MPC or any work

order contract without the prior consent of the other and a fully executed Assignment Contract, executed

and approved by the same parties who executed and approved this MPC, or their successors in office.

11.2. Amendments. Any amendment to this master contract or any work order contract must be in writing and

will not be effective until it has been executed and approved by the same parties who executed and

approved the original contract, or their successors in office.

11.3. Waiver. If a party fails to enforce any provision of this master contract or any work order contract, that

failure does not waive the provision or the party’s right to subsequently enforce it.

11.4. Contract Complete. This master contract and any work order contract contain all negotiations and

contracts between the State and the Local Government. No other understanding regarding this master

contract or any work order contract issued hereunder, whether written or oral may be used to bind either

party.

12. Liability.

Each party will be responsible for its own acts and omissions to the extent provided by law. The Local

Government’s liability is governed by Minn. Stat. chapter 466 and other applicable law. The State’s liability is

governed by Minn. Stat. section 3.736 and other applicable law. This clause will not be construed to bar any legal

remedies a party may have for the other party’s failure to fulfill its obligations under this master contract or any

work order contract. Neither party agrees to assume any environmental liability on behalf of the other party. A

Providing Party under any work order is acting only as a “Contractor” to the Requesting Party, as the term

“Contractor” is defined in Minn. Stat. §115B.03 (subd. 10), and is entitled to the protections afforded to a

“Contractor” by the Minnesota Environmental Response and Liability Act. The parties specifically intend that

Minn. Stat. §471.59 subd. 1a will apply to any work undertaken under this MPC and any work order issued

hereunder.

13. State Audits

Under Minn. Stat. § 16C.05, subd. 5, the party’s books, records, documents, and accounting procedures and

practices relevant to any work order contract are subject to examination by the parties and by the State Auditor or

Legislative Auditor, as appropriate, for a minimum of six years from the end of this MPC.

14. Government Data Practices and Intellectual Property

14.1. Government Data Practices. The Local Government and State must comply with the Minnesota

Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under

this MPC and any work order contract, and as it applies to all data created, collected, received, stored,

used, maintained, or disseminated by the Local Government under this MPC and any work order contract.

The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by

either the Local Government or the State.

14.2. Intellectual Property Rights

14.2.1. Intellectual Property Rights. The Requesting Party will own all rights, title, and interest in all of

the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and

service marks in the Works and Documents created and paid for under work order contracts.

Works means all inventions, improvements, discoveries (whether or not patentable), databases,

computer programs, reports, notes, studies, photographs, negatives, designs, drawings,

specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by

the Providing Party, its employees, agents, and subcontractors, either individually or jointly with

others in the performance of this master contract or any work order contract. Works includes

“Documents.” Documents are the originals of any databases, computer programs, reports, notes,

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studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other

materials, whether in tangible or electronic forms, prepared by the Providing Party, its employees,

agents, or contractors, in the performance of a work order contract. The Documents will be the

exclusive property of the Requesting Party and all such Documents must be immediately returned

to the Requesting Party by the Providing Party upon completion or cancellation of the work order

contract. To the extent possible, those Works eligible for copyright protection under the United

States Copyright Act will be deemed to be “works made for hire.” The Providing Party

Government assigns all right, title, and interest it may have in the Works and the Documents to

the Requesting Party. The Providing Party must, at the request of the Requesting Party, execute

all papers and perform all other acts necessary to transfer or record the Requesting Party’s

ownership interest in the Works and Documents. Notwithstanding the foregoing, the Requesting

Party grants the Providing Party an irrevocable and royalty-free license to use such intellectual

property for its own non-commercial purposes, including dissemination to political subdivisions

of the state of Minnesota and to transportation-related agencies such as the American Association

of State Highway and Transportation Officials.

14.2.2. Obligations with Respect to Intellectual Property.

14.2.2.1. Notification. Whenever any invention, improvement, or discovery (whether or not

patentable) is made or conceived for the first time or actually or constructively reduced

to practice by the Providing Party, including its employees and subcontractors, in the

performance of the work order contract, the Providing Party will immediately give the

Requesting Party’s Authorized Representative written notice thereof, and must

promptly furnish the Authorized Representative with complete information and/or

disclosure thereon.

14.2.2.2. Representation. The Providing Party must perform all acts, and take all steps necessary

to ensure that all intellectual property rights in the Works and Documents are the sole

property of the Requesting Party, and that neither Providing Party nor its employees,

agents or contractors retain any interest in and to the Works and Documents.

15. Affirmative Action

The State intends to carry out its responsibility for requiring affirmative action by its Contractors, pursuant to

Minn. Stat. §363A.36. Pursuant to that Statute, the Local Government is encouraged to prepare and implement an

affirmative action plan for the employment of minority persons, women, and the qualified disabled, and submit

such plan to the Commissioner of the Minnesota Department of Human Rights. In addition, when the Local

Government lets a contract for the performance of work under a work order issued pursuant to this MPC, it must

include the following in the bid or proposal solicitation and any contracts awarded as a result thereof:

15.1. Covered Contracts and Contractors. If the Contract exceeds $100,000 and the Contractor employed more

than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in

the state where it has its principle place of business, then the Contractor must comply with the

requirements of Minn. Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600. A Contractor covered

by Minn. Stat. § 363A.36 because it employed more than 40 full-time employees in another state and

does not have a certificate of compliance, must certify that it is in compliance with federal affirmative

action requirements.

15.2. Minn. Stat. § 363A.36. Minn. Stat. § 363A.36 requires the Contractor to have an affirmative action plan

for the employment of minority persons, women, and qualified disabled individuals approved by the

Minnesota Commissioner of Human Rights (“Commissioner”) as indicated by a certificate of compliance.

The law addresses suspension or revocation of a certificate of compliance and contract consequences in

that event. A contract awarded without a certificate of compliance may be voided.

15.3. Minn. R. Parts 5000.3400-5000.3600.

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15.3.1. General. Minn. R. Parts 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules

include, but are not limited to, criteria for contents, approval, and implementation of affirmative

action plans; procedures for issuing certificates of compliance and criteria for determining a

contractor’s compliance status; procedures for addressing deficiencies, sanctions, and notice and

hearing; annual compliance reports; procedures for compliance review; and contract

consequences for non-compliance. The specific criteria for approval or rejection of an affirmative

action plan are contained in various provisions of Minn. R. Parts 5000.3400-5000.3600 including,

but not limited to, parts 5000.3420-5000.3500 and 5000.3552-5000.3559.

15.3.2. Disabled Workers. The Contractor must comply with the following affirmative action

requirements for disabled workers:

15.3.2.1. The Contractor must not discriminate against any employee or applicant for

employment because of physical or mental disability in regard to any position for

which the employee or applicant for employment is qualified. The Contractor agrees to

take affirmative action to employ, advance in employment, and otherwise treat

qualified disabled persons without discrimination based upon their physical or mental

disability in all employment practices such as the following: employment, upgrading,

demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or

other forms of compensation, and selection for training, including apprenticeship.

15.3.2.2. The Contractor agrees to comply with the rules and relevant orders of the Minnesota

Department of Human Rights issued pursuant to the Minnesota Human Rights Act.

15.3.2.3. In the event of the Contractor's noncompliance with the requirements of this clause,

actions for noncompliance may be taken in accordance with Minn. Stat. Section

363A.36, and the rules and relevant orders of the Minnesota Department of Human

Rights issued pursuant to the Minnesota Human Rights Act.

15.3.2.4. The Contractor agrees to post in conspicuous places, available to employees and

applicants for employment, notices in a form to be prescribed by the commissioner of

the Minnesota Department of Human Rights. Such notices must state the Contractor's

obligation under the law to take affirmative action to employ and advance in

employment qualified disabled employees and applicants for employment, and the

rights of applicants and employees.

15.3.2.5. The Contractor must notify each labor union or representative of workers with which it

has a collective bargaining agreement or other contract understanding, that the

Contractor is bound by the terms of Minn. Stat. Section 363A.36, of the Minnesota

Human Rights Act and is committed to take affirmative action to employ and advance

in employment physically and mentally disabled persons.

15.3.3. Consequences. The consequences for the Contractor’s failure to implement its affirmative action

plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of

a certificate of compliance by the Commissioner, refusal by the Commissioner to approve

subsequent plans, and termination of all or part of this contract by the Commissioner or the State.

15.3.4. Certification. The Contractor hereby certifies that it is in compliance with the requirements of Minn.

Stat. § 363A.36 and Minn. R. Parts 5000.3400-5000.3600 and is aware of the consequences for

noncompliance.

16. Workers’ Compensation

Each party will be responsible for its own employees for any workers compensation claims. This MPC, and any

work order contracts issued hereunder, are not intended to constitute an interchange of government employees

under Minn. Stat. §15.53. To the extent that this MPC, or any work order issued hereunder, is determined to be

5.f.b

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subject to Minn. Stat. §15.53, such statute will control to the extent of any conflict between the contract and the

statute.

17. Publicity

17.1. Publicity. Any publicity regarding the subject matter of a work order contract where the State is the

Requesting Party must identify the State as the sponsoring agency and must not be released without prior

written approval from the State’s Authorized Representative. For purposes of this provision, publicity

includes notices, informational pamphlets, press releases, research, reports, signs, and similar public

notices prepared by or for the Local Government individually or jointly with others, or any

subcontractors, with respect to the program, publications, or services provided resulting from a work

order contract.

17.2. Data Practices Act. Section 17.1 is not intended to override the Local Government’s responsibilities

under the Minnesota Government Data Practices Act.

18. Governing Law, Jurisdiction, and Venue

Minnesota law, without regard to its choice-of-law provisions, governs this master contract and all work order

contracts. Venue for all legal proceedings out of this master contract or any work order contracts, or the breach of

any such contracts, must be in the appropriate state or federal court with competent jurisdiction in Ramsey

County, Minnesota.

19. Prompt Payment; Payment to Subcontractors

The parties must make prompt payment of their obligations in accordance with applicable law. As required by

Minn. Stat. § 16A.1245, when the Local Government lets a contract for work pursuant to any work order, the

Local Government must require its contractor to pay all subcontractors, less any retainage, within 10 calendar

days of the prime contractor's receipt of payment from the Local Government for undisputed services provided by

the subcontractor(s) and must pay interest at the rate of one and one-half percent per month or any part of a month

to the subcontractor(s) on any undisputed amount not paid on time to the subcontractor(s).

20. Minn. Stat. § 181.59. The Local Government will comply with the provisions of Minn. Stat. § 181.59 which

requires: Every contract for or on behalf of the state of Minnesota, or any county, city, town, township, school,

school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by

which the Contractor agrees: (1) That, in the hiring of common or skilled labor for the performance of any work

under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed,

or color, discriminate against the person or persons who are citizens of the United States or resident aliens who

are qualified and available to perform the work to which the employment relates; (2) That no contractor, material

supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any

person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the

person or persons from the performance of work under any contract on account of race, creed, or color; (3) That a

violation of this section is a misdemeanor; and (4) That this contract may be canceled or terminated by the state,

county, city, town, school board, or any other person authorized to grant the contracts for employment, and all

money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the

terms or conditions of this contract.

21. Termination; Suspension

21.1. Termination by the State for Convenience. The State or commissioner of Administration may cancel this

MPC and any work order contracts at any time, with or without cause, upon 30 days written notice to the

Local Government. Upon termination, the Local Government and the State will be entitled to payment,

determined on a pro rata basis, for services satisfactorily performed.

21.2. Termination by the Local Government for Convenience. The Local Government may cancel this MPC

and any work order contracts at any time, with or without cause, upon 30 days written notice to the State.

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Upon termination, the Local Government and the State will be entitled to payment, determined on a pro

rata basis, for services satisfactorily performed.

21.3. Termination for Insufficient Funding. The State may immediately terminate or suspend this MPC and

any work order contract if it does not obtain funding from the Minnesota legislature or other funding

source; or if funding cannot be continued at a level sufficient to allow for the payment of the services

covered here. Termination or suspension must be by written or fax notice to the Local Government. The

State is not obligated to pay for any services that are provided after notice and effective date of

termination or suspension. However, the Local Government will be entitled to payment, determined on a

pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will

not be assessed any penalty if the master contract or work order is terminated because of the decision of

the Minnesota legislature or other funding source, not to appropriate funds. The State must provide the

Local Government notice of the lack of funding within a reasonable time of the State’s receiving that

notice.

22. Data Disclosure

Under Minn. Stat. §270C.65, subd. 3, and other applicable law, the Local Government consents to disclosure of

its federal employer tax identification number, and/or Minnesota tax identification number, already provided to

the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These

identification numbers may be used in the enforcement of federal and state tax laws which could result in action

requiring the Local Government to file state tax returns and pay delinquent state tax liabilities, if any.

23. Defense of Claims and Lawsuits

If any lawsuit or claim is filed by a third party (including but not limited to the Local Government’s contractors

and subcontractors), arising out of trunk highway work performed pursuant to a valid work order issued under this

MPC, the Local Government will, at the discretion of and upon the request of the State, tender the defense of such

claims to the State or allow the State to participate in the defense of such claims. The Local Government will,

however, be solely responsible for defending any lawsuit or claim, or any portion thereof, when the claim or cause

of action asserted is based on its own acts or omissions in performing or supervising the work. The Local

Government will not purport to represent the State in any litigation, settlement, or alternative dispute resolution

process. The State will not be responsible for any judgment entered against the Local Government, and will not be

bound by the terms of any settlement entered into by the Local Government except with the written approval of

the Attorney General and the Commissioner of Transportation and pursuant to applicable law.

24. Additional Provisions

[The balance of this page has intentionally been left blank – signature page follows]

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LOCAL GOVERNMENT COMMISSIONER OF TRANSPORTATION

The Local Government certifies that the

appropriate person(s) have executed the contract on

behalf of the Local Government as required by

applicable ordinance, resolution, or charter

provision.

By:

By: (with delegated authority)

Title: Olmsted County Chairperson

Title Assistant Commissioner or

Assistant Division Director

Date: Date:

By:

COMMISSIONER OF ADMINISTRATION

As delegated to Materials Management Division

Title Olmsted County Administrator By:

Date: Date:

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Updated: 6/14/2017 2:18 PM A


REQUEST BY: Karen Mozina, Board of County Commissioners Greg Johnson, Rochester-Olmsted Planning Department, Susanna Spencer, County Attorney

STATE ITEM OF BUSINESS WITH BRIEF ANALYSIS AND ACTION REQUESTED OF THE COUNTY BOARD: Approve Findings for Land Use Plan #O2017-001LUPA May Amendment THIS REQUEST IS ALIGNED WITH THE FOLLOWING STRATEGIC PRIORITIES: Build the Community





Run the Business












BACKGROUND: At its May 16, 2017, meeting, the Olmsted County Board approved Olmsted County Land Use Plan Amendment request #O2017-001LUPA by Rochester Township to redesignate approximately 80 acres from Resource Protection to Potential Suburban. Planning staff have prepared findings consistent with the Board's approval of the request.

COUNTY BOARD ACTION REQUESTED: Adopt a resolution setting forth the County Board's Findings approving Olmsted County Land Use Plan Map Amendment #O2017-001LUPA, by Rochester Township to re-designate

approximately 80 acres from Resource Protection to Potential Suburban. Reviewed with additional material provided: ____ Approved ____ County Administrator

…

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RESOLUTION No. 17-

Amendment to the Olmsted County Land Use Plan Map O2017-001LUPA

WHEREAS, a public hearing was duly held on May 16, 2017 in the Commissioners Board Room, Olmsted County Government Center, 151 Fourth Street Southeast, Rochester, Minnesota, and the Olmsted County Board of Commissioners having heard and duly recorded and received all evidence, and being duly advised in the premises, and

WHEREAS, the original request to approve this Land Use Plan Amendment sought to reclassify the subject property in the County’s Land Use Plan from Resource Protection to Resource Protection - Potential Suburban to make it consistent with Rochester Township’s Land Use Plan; and,

WHEREAS, the Olmsted County Future Land Use Plan recommends an amount of land equivalent to three times the projected land area needed for suburban-style development to be mapped as Resource Protection - Potential Suburban to insure a sufficient, but not excessive, amount of land remains available at any given time for large lot suburban style developments outside the Rochester city limits, and the Resource Protection - Potential Suburban area was mapped through the 2011 Land Use Plan Update ; and,

WHEREAS, when this Land Use Plan Amendment application was received, the Planning Department staff suggested in order to avoid increasing the amount of potential land suitable for suburban development beyond the amount of land mapped as Resource Protection- Potential Suburban, that areas designated as Resource Protection - Potential Suburban in Rochester Township to the north and west of the subject property in the North Half and SW¼ of Section 19 and in the NW ¼ of Section 30, Township 106 North, Range 14 West could be reclassified from Resource Protection - Potential Suburban to Resource Protection, and these areas are also depicted in the diagram included on Page 45 of the County Board meeting packet for the May 16, 2017 meeting; and,

WHEREAS, the intent of the Planning Department staff in proposing this change was to keep the amount of potential suburban development land in the County at roughly the same amount of acreage as the amount which existed prior to the submission of this proposed Land Use Plan Amendment, and

WHEREAS, the County Planning Advisory Commission and the County Board supported the original request to reclassify the subject property, but did not support the staff’s recommendation to initiate an application to reclassify the areas designated as Resource Protection - Potential Suburban in Rochester Township to the north and west of the subject property in the North Half and SW ¼ of Section 19 and in the NW ¼ of Section 30, Township 106 North, Range 14 West from Resource Protection - Potential Suburban to Resource Protection if the land use plan amendment for the subject property was approved, and

NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED that the OlmstedCounty Board of Commissioners does hereby approve the request to redesignate the property in Olmsted County described as

NE ¼ NE ¼ and the North half of the SW ¼ of the NE ¼, Section 30, Township 106 North, Range 14 West, Olmsted County, Minnesota.

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from the Resource Protection land use designation to the Resource Protection-Potential Suburban designation on the Olmsted County Future Land Use Map. This approval includes the adoption of findings as approved by the Olmsted County Board of Commissioners:

1. Was a mistake made in the data used or in the application of the data at the time the Plan was adopted? No mistake was made in the data used or in the application of the data at the time the Plan was adopted. The site was designated as Resource Protection in the plan based on CLUES data. Designation of land through the CLUES model, in some instances, resulted in designation of land that followed natural features and not property lines. This change to the land use designation would be consistent with a similar land use plan amendment in 2016, where Rochester Township amended its land use plan map to designate this site as Potential Residential Development from Agricultural Development.

2. Have conditions of land use, land subdivision, ownership, or growth in the community changed the character of the site and surrounding area? Land use conditions in the immediate area or County at large have not changed the character of the site and surrounding area since the 2011 Plan was adopted. National and economic conditions slowed development rates in recent years, though that situation was in play in 2011. The upturn in the economy, however, as well as Mayo Clinic's "Destination Medical Center" plan will likely jump start future economic development in the County.

3. Have policies related to the proposal changed since the Plan was adopted? Rochester Township amended its Land Use Plan in 2016 to re-designate this site, which was re- designated from Agricultural to Potential Residential Development. Policies regarding Potential Suburban Development lands within the Olmsted County Land Use Plan have not changed since the 2011 Plan update.

4. Is there an unanticipated shortage of land available for the proposed use? There is not an unanticipated shortage of Resource Protection - Potential Suburban land. There is also not an unanticipated shortage of Suburban Development land. When the 2011 Olmsted County Future Land Use Plan Map was adopted, 8,500 acres were designated for "Potential Suburban" use. This is approximately three times as much land aspopulation and employment projections suggest are needed for this land use, even in light of additional population anticipated by Mayo Clinic's Destination Medical Center project. No suburban subdivisions have been developed on lands initially designated as Resource Protection - Potential Suburban.

5. Is the land under consideration as suited or better suited for the proposed use than other lands now designated for the proposed use, and are those lands now properly designated according to the land use policies? (This analysis will be based on the Comprehensive Land Use Evaluation System model.) There are approximately 8,500 acres of land currently designated for Potential Suburban Development. The CLUES scores in those areas range from 0-133. This site has scores generally ranging from 141 to 157. These scores identify the site as less-suited for Potential Suburban designation than those areas already designated for Potential Suburban.

The CLUES model score for this site may have been lowered by an existing pit near the southern boundary of the site that may be a former mining operation that is no longer in use. The presence of this pit resulted in this area being considered an “incompatible land use” that was captured by the Suburban Development Score analysis.

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This feature lowered the Suburban Development Score of the site and likewise affected the composite CLUES score. This feature will need additional study as additional steps are taken toward development of the site. If not for this site feature, the site would likely have a relatively high Suburban Development Score, which measures the general desirability for land to be developed with suburban development.

6. Is the proposed amendment consistent with the policies of the Plan? Within the Within the Olmsted County Land Use Plan, land is designated primarily using the CLUES model score. If designated to Resource Protection - Potential Suburban Development, this would be the only land south of 40th Street SW in Rochester Township with the designation. However, the CLUES score of the site is consistent with the range of CLUES scores of land within the Suburban Development designation on the north side of 40th Street SW. The property owner cannot apply for a land use policy amendment to Suburban Development until the designation of the site is changed to Resource Protection - Potential Suburban.

7. Is there an alternative to the proposed change that better meets the intent of the Plan (a different use designation or a smaller land area, for example)?The designation of the site to Resource Protection - Potential Suburban Development is consistent with the policy for Potential Suburban designation within the plan. Although the land use plan generally intends to cap the amount of land in Resource Protection - Potential Suburban designation at about 8,500 acres, the overall amount of Potential Suburban area will remain approximately the same because the site is a relatively small portion of a larger property. Additionally, approval of the land use amendment request would align the Olmsted County Land Use designation for the site with that of Rochester Township. State statutes do not require consistency between land use plan maps between a county and a township, but consistency optimizes cooperation and efficiency in their implementation.

However, the Board’s approval of the request to reclassify the subject property does not include the Planning Department’s staff recommendation to initiate an application to reclassify areas designated as Resource Protection - Potential Suburban in Rochester Township to the north and west of the subject parcel in the North Half and SW ¼ of Section 19 and in the NW ¼ of Section 30, Township 106 North, Range 14 West from Resource Protection - Potential Suburban back to Resource Protection if the original land use plan amendment for the subject property was approved.

Dated at Rochester, Minnesota this 20th day of June, 2017.

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Updated: 6/14/2017 9:00 AM


REQUEST BY: Belinda Krenik, Administration STATE ITEM OF BUSINESS WITH BRIEF ANALYSIS AND ACTION REQUESTED OF THE COUNTY BOARD: Performance Measurement and reporting are at the core of a well-functioning public entity. Through the County Board resolution process, we have the opportunity to continue our voluntary participation in the Minnesota Council on Local Results and Innovation (Council) Standard Performance Measures Program as outlined in MS 6.91. By participating in this program, Olmsted County could be reimbursed up to $25,000 through a local aid payment. THIS REQUEST IS ALIGNED WITH THE FOLLOWING STRATEGIC PRIORITIES: Build the Community





Run the Business



_X_ Communicate the Value We Provide









BACKGROUND: Benefits to program participation include the provision that any county or city that elects to participate in the standard measures/performance measurement program is eligible for a reimbursement of 0.14 per capita, not to exceed $25,000 and is also exempt from levy limits under sections 275.70 to 275.74 for taxes payable in the following calendar year, if levy limits are in effect. In 2010, the Legislature created the Council on Local Results and Innovation (Council). In February 2011, the Council released a standard set of at least ten performance measures for cities and counties that aid residents, taxpayers, and state and local elected officials in determining the efficacy of cities and counties in providing services. Subsequently, Olmsted County Board of Commissioners declared its intent to participate in the Council’s Standard Performance Measures Program through Resolutions No. 2011-038, 2012- 038, 2013-049, 2014-046, 2015-51 and 2016-49. We believe there continues to be value in participating in the program and sharing results with our residents. We recommend that the Olmsted County Board continue the County’s participation in the Council’s Standard State Performance Measures Program. Resolve that Olmsted County has adopted and implemented a minimum of ten performance measures developed by the Council on Local Results and Innovation, and integrated these measures into its Managing for Results (M4R) Strategic Management System:

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Resolution (ID # 2590) Meeting of June 20, 2017

Updated: 6/14/2017 9:00 AM

Performance Category Performance Measure: N = 11 Public Safety Recidivism is reduced after supervision - Probationers and Supervised Releasees Public Works Hours to Plow System During a Snow Event Average County Pavement Condition Rating Property Records, Valuation, Assessment Real Estate Document Turnaround Time Level of Assessment Ratio Elections Accuracy of post-election audit (% of ballots counted accurately) Veterans' Services Federal and State Dollars brought into county for veteran's benefits Public Health and Social Services Olmsted County Residents' Life Expectancy at Birth Maltreatment Recurrence Environment Beneficial Use of Waste - Recycling Percentage Budget, Financial Bond Rating In addition, the County Board is requested to approve the sharing of the performance results report with Olmsted County residents by the end of the year, and the submission of the report and this year’s resolution to the Office of the State Auditor by July 1, 2017. Completion of the State Performance Measures Program Results Report is in progress and will be provided at a later date.

COUNTY BOARD ACTION REQUESTED:

Approve the State Performance Measures Program and Resolution 17- (number to be assigned). Reviewed with additional material provided: ____ Approved ____ County Administrator

…

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RESOLUTION No. 17-

WHEREAS, Olmsted County declares its intention to continue its voluntarily participation in the Minnesota Council on Local Results and Innovation (hereinafter “the Council”) Standard Performance Measures Program, as it has through past Resolutions No. 2011-038, No. 2012-38, No. 2013-049, No. 2014-046, No. 2015-51, and No. 2016-49.

WHEREAS, Benefits to Olmsted County for participation in the Council’s comprehensive

performance measurement program are outlined in MS 6.91 and include eligibility for a reimbursement as set by State statute, ($0.14 per capita in local government aid, not to exceed $25,000); and

WHEREAS, Any jurisdiction participating in the comprehensive performance measurement program is also exempt from levy limits for taxes, if levy limits are in effect; and

WHEREAS, Olmsted County has adopted and implemented at least 10 of the

performance measures, as developed by the Council, and integrated these measures into its Managing for Results (M4R) Strategic Management System to use this information to help plan, budget, manage and evaluate programs and processes for optimal future outcomes; and

NOW THEREFORE LET IT BE RESOLVED THAT, Olmsted County will continue to report the results of the performance measures to its residents by the end of the year through publication, direct mailing, posting on the County’s website, or through a public hearing at which the budget and levy will be discussed and public input allowed; and

BE IT FURTHER RESOLVED, Olmsted County will submit to the Office of the State

Auditor the actual results of the performance measures adopted by the County, along with this resolution by July 1, 2017.

Dated at Rochester, Minnesota this 20th day of June, 2017. OLMSTED COUNTY BOARD OF COMMISSIONERS ___________________________________________ Kenneth Brown, Chairperson ATTEST: _______________________________________ Heidi Welsch, Clerk/Deputy Administrator

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Updated: 6/9/2017 9:57 AM


REQUEST BY: Kaye Bieniek, Public Works Dale Prestegard, Public Works

STATE ITEM OF BUSINESS WITH BRIEF ANALYSIS AND ACTION REQUESTED OF THE COUNTY BOARD: Olmsted County and the City of Rochester have prepared an Intergovernmental Agreement for the proposed improvements to CR 112 (18th Avenue NW), between CSAH 22 (37th Street NW) and 55th Street NW.






Run the Business












BACKGROUND: Reconstruction of CR 112 (18th Avenue NW), between CSAH 22 (37th Street NW) and 55th Street NW, is scheduled to occur during the 2017 and 2018 construction seasons. Improvements include grading, surfacing, curb & gutter, storm sewer, and pedestrian/bicycle facilities. Funding sources are Federal funds and local City/County funds. Upon completion of the project, the City of Rochester will accept the transfer of jurisdiction and ownership of CR 112 (18th Avenue NW) from CSAH 22 (37th Street NW) to 55th Street NW.

COUNTY BOARD ACTION REQUESTED: Approve the intergovernmental Agreement with the City of Rochester for proposed improvements, and subsequent jurisdictional transfer, of CR 112 (18th Avenue NW) between CSAH 22 (37th Street NW) and 55th Street NW. Reviewed with additional material provided: ____ Approved ____ County Administrator

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INTERGOVERNMENTAL AGREEMENT FOR ENGINEERING SERVICES AND RECONSTRUCTION OF CR 112 (18TH AVENUE NW) IN

ROCHESTER BETWEEN CSAH 22 (37TH STREET NW) AND 55TH STREET NW

AND JURISDICTIONAL TRANSFER OF CR 112 (18TH AVENUE NW) IN

ROCHESTER BETWEEN 37TH STREET NW AND 55TH STREET NW FROM OLMSTED COUNTY TO THE CITY OF ROCHESTER

CITY PROJECT J7813

This agreement made and entered into this day of , 2017,

by and between the City of Rochester (hereinafter “City”) and the County of Olmsted (hereinafter “County”).

WHEREAS, the City and County have determined that it is in the public interest and safety to reconstruct and otherwise rehabilitate CR 112 (18th Ave NW) from 37th Street NW to 55th Street NW (hereinafter the “Project”); and

WHEREAS, the City is designated as the agency in charge of design, construction, and inspection of this Project; and

WHEREAS, pursuant to the provisions of Minnesota Statute Section 471.59, the City and County may, by agreement, jointly implement a public improvement; and

WHEREAS, the proposed funding for the Project includes, among other sources, $2,289,425 in 2017 Federal funds and $2,076,500 in Advance Construction (AC) Federal funds (2018 payback) secured by the City and County and programmed by MnDOT; and

WHEREAS, the City and County agree that execution of an Intergovernmental Agreement related to the reconstruction of CR 112 (18th Ave NW) from 37th Street NW to 55th Street NW will be to the mutual benefit of the City, County, and public; and

WHEREAS, the Olmsted County Cost-Participation Policies for Cooperative Highway Improvement Projects with Jurisdictional Transfer will serve as the basis for the respective Project cost obligations of the County and City; and

WHEREAS, Minnesota Statues Section 162.02, Subdivision 10 authorizes a County Board to revoke County Road status by resolution of the County Board of Commissioners; and

WHEREAS, the County Board intends to pass a resolution revoking County Road status on that portion of County Road 112 (18th Ave NW) from 37th Street NW to 55th Street NW; a distance of approximately 1.2 miles; and

WHEREAS, as a result of the revocation of County Road status, the City will pass a resolution accepting jurisdiction and ownership over said roadway as previously described; and

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WHEREAS, the County and City desire to define the responsibilities and obligations which will result from this road reconstruction and revocation;

NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. The City and County agree that the City shall prepare the plans, specifications and cost

estimates; shall publically bid and contract for the public improvements, in accordance with the plans and specifications referenced as SP 159-080-017 (City of Rochester Project J7813) which are made part hereof by reference; and shall provide construction inspection associated with all public improvements.

2. The City and County agree that the City shall be responsible for administering the

construction contract and for making direct payment(s) to the contractor(s) for SP 159-080-017 (City of Rochester Project J7813).

3. The City and County agree that the City shall apply the entire amount of the Federal funds

toward the construction costs of the Project. The design, right of way, and remaining construction costs will be shared as enumerated in the Olmsted County Cost-Participation Policies for Cooperative Highway Improvement Projects with Jurisdictional Transfer.

4. The City will periodically invoice the County in an amount equal to County’s share of

incurred Project costs. The County will make payment within 30 days of receipt of said invoice. The County will make final payment at the time of final acceptance.

5. Upon final completion and acceptance of the Project by the City and County Engineer, the

City hereby will accept the transfer of jurisdiction and ownership of CR 112 (18th Ave NW) from 37th Street to 55th Street NW, and all maintenance responsibilities, as well as all traffic control signal system(s) and traffic control devices, for the designated road segment.

6. The County will convey the road right of way to the City by Quit Claim Deed. 7. The City will accept CR 112 (18th Ave NW) from 37th Street to 55th Street NW subject to the

rights of all in-place utilities and right of way users with facilities in the right of way as identified in Minnesota Rule 7819.3011.

8. This agreement shall supersede all prior negotiations, representations, or agreements

between the City and the County regarding jurisdiction and control over the described segment of CR 112 (18th Ave NW), whether written or oral.

9. The terms and conditions of this agreement shall not be construed or used in any way by

either party to represent precedence for future agreements.

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Approved by: Approved by: Richard Freese, Director of Public Works/City Michael Sheehan, Director of Public Works Engineer CITY OF ROCHESTER COUNTY OF OLMSTED By: By: Mayor Chairperson By: By: City Clerk Administrator

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Revision1.2 Page1

OlmstedCountyCost‐ParticipationPoliciesforCooperativeHighwayImprovementProjectswithJurisdictionalTransfer

Purpose – To establish policies for determining appropriate division of cost participation to be used by Olmsted County in funding cooperative roadway, traffic signal, and bridge construction projects involving jurisdictional transfer, with municipalities, the Minnesota Department of Transportation, and other agencies.

Scope – The establishment of cost policy is consistent with Minnesota Statues, Section 162.17, 373.01, 469.175, 471.59, and amendments.

General Policies – A greater degree of county participation is afforded municipalities having a population of less than 5,000 because of the absence of direct state aid allocations to these municipalities.

It is recognized that there may be occasional differences between these policies and written participation policies of the Minnesota Department of Transportation. In those cases, participation will be negotiated by the County Engineer.

Variances – Any variance from this policy must be approved by the Olmsted County Public

Works Committee, which includes two County Board Commissioners.

Federal or State Project Funds – When federal aid highway funds are utilized on a project, those funds will be applied on a proportional basis, equating to the County’s and the municipality’s respective overall percentage of cost share of eligible project items. Eligible project items, as noted in the Cost Participation table, will be used in arriving at each Agency’s respective overall percentage of cost share.

In the event federal or state grant funds are made available to a project, those funds will be applied on a proportional basis, equating to the County’s and the municipality’s respective overall percentage of cost share of eligible project items. Eligible project items, as noted in the Cost Participation table, will be used in arriving at each Agency’s respective overall percentage of cost share.

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Cost Participation – Cost share percentages are as shown in the table below.

Items County Share Municipality Share (> 5,000 Population)

Grading, Base, and Surfacing (width based on State Aid standards for design year ADT; 10‐ton design; includes turn lanes where warranted)5

50%

50%

Culverts5 50% 50%

Storm Sewer and Stormwater Management1, 5 % State Aid Eligible Remaining

Concrete Curb & Gutter5 50% 50%

Concrete Median5 50% 50%

Multi‐use Path and/or Sidewalk5 50% 50%

On‐Road Bicycle Facilities, in addition to off‐road multi‐use path/sidewalk5

0% 100%

Parking Lanes 0% 100%

Roundabouts2, 5 By Leg By Leg

Traffic Signal Systems2, 5 By Leg By Leg

Lighting5 0% 100%

Construction/Adjustment of Municipal Utilities 0% 100%

Retaining Walls5 0% 100%

Landscaping and Aesthetics 0% 100%

Prorata Items (mobilization, traffic control, field office, etc)5

50% 50%

Right of Way⁶ % of Total Construction Cost

% of Total Construction Cost

Engineering Design Services3 50% 50%

Contract Administration, Construction Inspection4 % of Const. Cost % of Const. Cost

1 In the event no State Aid funds are being used, or in the event the State Aid letter does not determine cost split percentages, drainage cost shares will be computed by the proportion of contributing flow outside the county right of way to the total contributing flow. 2 If warrants are not met for the design year, County participation will be 0% and the item will not be considered an eligible cost share item. 3 When the municipality is the Lead Agency for the project, the County will participate in the Engineering Design Services, up to 50% of the original consultant contract amount. Additional fees, beyond the contract amount, shall be the responsibility of the municipality. 4 Contract Administration and Construction Inspection will be paid by the Lead Agency, except that the participating agency will pay construction engineering in the amount of 8% of the construction costs paid by that agency. 5 Eligible item(s) to be considered, when calculating each Agency’s respective overall percentage of cost share. The calculated overall percentage of cost share will be applied, on a proportional basis, to any federal aid highway funds, federal grant funds, or state grant funds, which the project receives. 6 Right of Way costs will be calculated on a proportional basis, equating to the County’s and municipality’s respective overall percentage cost share of the project total construction.

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Informational Item

Updated: 6/14/2017 9:15 AM


REQUEST BY: Karen Mozina, Board of County Commissioners Terry Lee, Environmental Resources

STATE ITEM OF BUSINESS WITH BRIEF ANALYSIS AND ACTION REQUESTED OF THE COUNTY BOARD: Lake Shady and Lake Zumbro updates on water projects.






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BACKGROUND: Terry Lee, Water Resources Manager, will be providing an update on the Lake Shady and Lake Zumbro water projects. Reviewed with additional material provided: ____ Approved ____ County Administrator

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Updated: 6/9/2017 9:58 AM


REQUEST BY: Terry Lee, Environmental Resources Marianne Sobek, Purchasing

STATE ITEM OF BUSINESS WITH BRIEF ANALYSIS AND ACTION REQUESTED OF THE COUNTY BOARD: Approve Change Order #3 with Veit & Company, Inc. for the Zumbro River Restoration and Old Lake Shady Dam Removal, Contract #15-143S.






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BACKGROUND: Request approval of Change Order #3 in the amount of $137,455.67. See attached spreadsheet. All items included in the change order have been completed. These costs were unavoidable but necessary due to the unusual weather conditions that were experienced during the 2016-2017 winter construction season. The project was bid as a unit price contract based on estimated quantities. In unit price bids, the total price of the contract can “over” or “under” run the awarded contract based on actual quantities used. Staff were aware early in the project that there would be cost savings based on reduced quantities of materials; however, the final cost savings cannot be calculated until the end of the project. The items included in this change order were not anticipated at the time the project was let for bids due to their unforeseen nature and therefore, no unit pricing for such items were requested at that time. The Engineer and Staff confirm that the Contractor has acted in the County’s best interest and has worked diligently to keep the cost of the project within the budget restraints; however, the unusual weather conditions made the project impossible to complete as anticipated and therefore; have made additional costs necessary. The total contract change orders to date equal about 4.7% of the original contract amount. Staff believe that this is an acceptable percentage, given the project was extremely high risk, due to the work taking place in an active river bed. It should also be noted that the project was not given a contingency fund to cover unforeseen costs. At this time, staff is actively seeking additional funding sources to cover the additional costs. Contract Summary

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Updated: 6/9/2017 9:58 AM

Amount of Original Contract $3,046,194.80 Previous Change Orders $ 4,600.00 This Change Order 3 $ 137,455.67 Revised Contract Amount $3,188,250.47 Staff will be present to respond to questions.

COUNTY BOARD ACTION REQUESTED: Approve change order #3 in the amount of $137,455.67 for Contract #15-143S to Veit & Company, Inc., for the Zumbro River Restoration and Old Lake Shady Dam Removal. Reviewed with additional material provided: ____ Approved ____ County Administrator

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ISSUE DESCRIPTION PERMITTED BY CONTRACT RESOLUTION COST

EMERGENCY STABILIZATION OF SOUTH BRANCH ZUMBRO RIVER

The agreement provides among other things, for channel construction along the Middle Fork and South Branch Zumbro River within the project limits. The Contractor anticipated work on the project would occur primarily during the winter months. Work began December 12, 2016. Construction was to occur full time over 2 1/2 months. Unseasonable weather conditions including rain/snow causing high water levels and lack of frozen ground needed to support construction equipment caused considerable contractor delays. On February 25, 2017, work was suspended on the site in anticipation of spring flooding. The contractor was unable to fully stabilize the site. On March 16, 2017, flood water began to cause head cutting on the South Branch. The cutting continued upstream rapidly potentially impacting the foundation and stability of the northbound US 52 Bridge. The situation was viewed as an emergency and immediate action was ordered.

Article 6.16 Emergencies The Contractor mobilized equipment and personnel to stop the head cutting from migrating further upstream. Labor, equipment and material costs were incurred for the construction of an access road to the work area. The constructed road will not be removed and adds benefit to the overall project. The work provides a solid foundation to construct future recreational trail and emergency access to areas west of the new river channel.

$26,922.79

QUARRY COSTS

The Contractor procurred the production of boulders at the Milestone quarry which were scheduled to be delivered and incorporated in the Project in January/February 2017. Due to the unseasonable weather conditions during this period, this material needed to be relocated within the quarry site to allow space for Milestone to produce and stockpile new material for its business.

Article 4.03 Differing Subsurface or Physical Conditions

The Engineer confirmed delay due to weather was beyond Contractor control, road restrictions were in place and space was not available on site to store stocked material.

$12,755.42

TERMORARY EROSION CONTROL

The agreement provides among other things, for the temporary erosion control to maintain compliance with SWPPP requirements and project permits. Due to the unseasonable weather conditions, site conditions did not allow for a cost effective application of temporary erosion control using the contract Bid Item - Rapid Stabilization Method 2.


The Engineer confirmed that temporary erosion control measures could not be completed with conventional methods associated with the contract bid item. The Engineer and Contracotr concluded that site access with equipment was restrictive and the least cost method to apply temporary seed and mulch was by areal method.

30,687.17$

MOBILIZATION, ADDED ACCESS ROAD

The agreement provides among other things, a bid item for Mobilization which incudes demobilization after project work is complete. Due to unseasonable weather conditions, the Contractor prepared the site and demobilized equipment in anticipation of spring flooding, suspending the work on February 25, 2017. In order to meet grant funding expenditure deadlines, the decision was made to resume work on the site earlier and not wait for the 2017-2018 winter construction conditions.


The Engineer confirmed the least cost alternative was to restart work in the rock rapids area with access only available from Minnesota Avenue. The Engineer confirmed the current access from Minnesota Ave is undeveloped and requires grading and base materials to develop an access road sufficient for trucks and material delivery. The constructed road from Minnesota Ave to Allis Park will not be removed and adds benefit to the overall project. The work provides a solid foundation to construct future park access and parking area for Allis Park. The Engineer confirmed a Contractor restart requires time and labor to re-mobilize manpower and equipment to the site. The Engineer confirmed Contractor labor to construct temporary weir in rock rapids to control flows and prepare to install boulders for arch weirs.

67,090.29$

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