P.O. Box 757 Worthington, MN 56187-0757 · 5.1 Environmental Services – Kathy Henderschiedt (9:00 a.m.) Pg 84 A. Commercial Truck Storage Building (Action) 6.0 Administration Presentation

“In cooperation with our citizens, we improve the quality of life for individuals, families and communities by fostering a healthy economy and environment.”

“Looking Forward with Purpose”

COUNTY BOARD – PROPOSED AGENDA TUESDAY, APRIL 7, 2020, 9:00 A.M.

1.0 Call to Order

2.0 Pledge of Allegiance 3.0 Approval of Agenda (Action)

4.0 Consent Agenda (Action) (9:00 a.m.)

Pg 4 4.1 March 18, 2020 Emergency Board Meeting Minutes; Pg 6 March 19, 2020 Emergency Board Meeting Minutes; Pg 7 March 24, 2020 Regular Meeting Minutes and

Pg 11 March 27, 2020 Emergency Board Meeting Minutes Pg 12 4.2 Meetings & Conferences – Travel Expenses Paid

Pg 14 4.3 Auditor’s & Commissioner’s Warrants

Pg 64 4.4 County Grant Contract – Children’s Mental Health Respite Care Services

5.0 Department Presentations

5.1 Environmental Services – Kathy Henderschiedt (9:00 a.m.) Pg 84 A. Commercial Truck Storage Building (Action)

6.0 Administration Presentation – Tom Johnson (9:15 a.m.)

Pg 89 6.1 Jury Room Project (Action)

Pg 90 6.2 Historical Society Legacy Funds Grant Application – Resolution 202018 (Action)

Pg 93 6.3 National Service Recognition Day (Action)

Board of Commissioners Phone: 507-295-5201

Fax: 507-372-8363 [email protected]

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

7.0 Inter-Agency Reports / Announcements (Information)

Pg --- 7.1 Committee and Board Reports

Pg 95 7.2 Correspondence

Pg 104 7.3 Calendar

8.0 Other / Future Business 9.0 Adjournment (Action)


“Looking forward with purpose.”

COMMISSIONER BRIEFING

Meeting Minutes

Consent Agenda

Recommendation: Approve the March 18, 2020 Emergency Meeting Minutes by approving the Consent Agenda. Approve the March 19, 2020 Emergency Meeting Minutes by approving the Consent Agenda. Approve the March 24, 2020 Regular Meeting Minutes by approving the Consent Agenda. Approve the March 27, 2020 Emergency Meeting Minutes by approving the Consent Agenda. Attachments: March 18, 2020 Draft Emergency Meeting Minutes March 19, 2020 Draft Emergency Meeting Minutes March 24, 2020 Draft Regular Meeting Minutes March 27, 2020 Draft Emergency Meeting Minutes

Page 1 of 2

OFFICIAL PROCEEDINGS OF BOARD OF COMMISSIONERS OF NOBLES COUNTY,

MINNESOTA The County Board of Nobles County met in emergency session per Minnesota Statute 13D.04

Subd. 3 this 18th day of March, 2020, in the Board of Commissioners Room, at the Nobles County Government Center, Worthington, Minnesota. The following Commissioners were in attendance: Justin Ahlers, Matt Widboom, Gene Metz, Donald Linssen and Robert Demuth Jr. The meeting was called to order by Chairperson Ahlers at 8:30 A.M. followed by the Pledge of

Allegiance.

1.0 Call to Order 2.0 Pledge of Allegiance 3.0 Approval of Agenda

VOTING It was duly passed to approve the agenda as presented. Motion by: Metz, Gene Seconded by: Widboom, Matt 4.0 County Emergency Declaration A. County Emergency Declaration

Attachments: Resolution 202016

Tom Johnson, Nobles County Administrator, presented the Board with information regarding a temporary Declaration, Resolution (202015) that was signed by Commissioner Ahlers on 03/17/20. This Declaration is good for 72 hours which is why an Emergency Board meeting was needed to adopt a more long term Declaration. The Declaration makes the County eligible for reimbursements and financial support that may be available through the Federal and State Governments. The Declaration also allows the Emergency Manager/Administration to purchase needed supplies that might otherwise need board approval. VOTING It was duly passed to adopt Resolution 202016. Moved by: Widboom, Matt Seconded by: Linssen, Donald 5.0 Library Closure Discussion was held on the closure of the public Library. The decision was made on 03/17/20 to not open to the public beginning on 3/18/20. There was discussion on remaining available to be partially open or offer certain services. However, it was ultimately decided to be completely closed to the public at this time until further notice. (See motion on item 7.0) 7.0 Possible Other Closures

Michelle Ebbers, Public Health Supervisor and Stacie Golombiecki, Community Services Director reported on their office and staff and plans that are being discussed because the majority of their staff is “essential”. At this time there is no formal plan but one is being discussed on “what if” situations for all county staff if a closure is required. Sue Luing, Human Resource Director, reported that at this time there is no policy in place as far as leave and compensation regarding the Covid-19 but if an employee does not feel safe at work they can choose to stay home but would need to use their annual leave at this time.

Page 2 of 2

6.0 Postponement of the ½ Cent Sales Tax Public Hearing Discussion was held on postponing the ½ cent sales tax public hearing to a later date to give the public the option to attend. It was duly passed to postpone the ½ cent sales tax public hearings (both the 9:30 a.m. and 7:00 p.m.) to a later date to be determined. Moved by: Metz, Gene Seconded by: Widboom, Matt 7.0 Possible Other Closures Discussion was continued on the closure of the county buildings including the Library and Prairie Justice Center. It was duly passed to close all Nobles County facilities to the public until further notice with the exception of: Courts, County Attorney’s office and Rock Nobles Community Corrections. Moved by: Widboom, Matt Seconded by: Demuth, Robert S. VOTING It was duly passed to adjourn the meeting at 9:11 A.M. Moved by: Metz, Gene Seconded by: Demuth, Robert S.

(Chairperson) (County Administrator)

Page 1 of 1



Subd. 3 this 19th day of March, 2020, in the Board of Commissioners Room, at the Nobles County Government Center, Worthington, Minnesota. The following Commissioners were in attendance: Justin Ahlers, Matt Widboom, Gene Metz, Donald Linssen and Robert Demuth Jr. The meeting was called to order by Chairperson Ahlers at 10:00 A.M. followed by the Pledge of

Allegiance.


VOTING It was duly passed to approve the agenda as presented. Motion by: Linssen, Donald Seconded by: Widboom, Matt 4.0 Public Utilities A. Options for 9th Street Door Access

Discussion was held on options for the 9th street door at the Government Center to remain open for Public Utilities customers. On 3/18/20 the Board of Commissioners voted to keep the door locked to reduce public from entering the building. Public Works voiced concerns since they are remaining open. They need to allow their customers an opportunity to pay their bill. Discussion was had regarding the option of customers using the Public Works drop box outside of the 9th street door. Public Utilities Manager Scott Hain expressed his concern for only having the drop box mainly because a large number of customers pay in cash and do not know their account number. It was ultimately voted on to keep the 9th street door unlocked for Public Utilities customers but to put a moveable barrier with clear signage to stop the public from going further into the Government Center. VOTING It was passed to open the 9th Street door for Public Utilities use only 8:30 a.m. - 4:30 p.m. Monday through Friday with extensive signage indicating such and that staff will respond appropriately to violators of the signage. Moved by: Widboom, Matt Seconded by: Ahlers, Justin In favor: Widboom, Matt; Ahlers, Justin; Metz, Gene; Linssen, Donald Opposed: Demuth, Robert S. VOTING It was duly passed to adjourn the meeting at 10:26 A.M. Moved by: Widboom, Matt Seconded by: Demuth, Robert S.


Page 1 of 4


MINNESOTA

The Board of Commissioners of Nobles County met in regular session on Tuesday, March 24, 2020, in the Commissioners Room, at the Nobles County Government Center, Worthington,

Minnesota. The following Commissioners were in attendance via conference call: Justin Ahlers, Gene Metz, Matt Widboom, Robert S. Demuth and Donald Linssen. Tom Johnson, County

Administrator was in attendance in the Commissioners Room. The meeting was called to order by Chairperson Ahlers at 9:03 A.M. followed by the Pledge of

Allegiance.


VOTING It was duly passed to approve the agenda as presented. Motion by: Metz, Gene Seconded by: Demuth, Robert S. Roll Call Vote: Metz, Gene; Demuth, Robert S.; Widboom Matt; Linssen, Donald; Ahlers, Justin 4.0 Consent Agenda

4.1

March 03, 2020 Regular Meeting Minutes Attachments: March 03, 2020 Draft Regular Meeting Minutes

4.2 Meetings & Conferences – Travel Expenses Attachments: Travel Expenses paid February 14, 2020 Travel Expenses paid Board February 14, 2020

4.3 PCard/Auditor's Warrants Attachments: Accounts Payable Summary Auditor’s Warrants

VOTING It was duly passed to approve the Consent Agenda. Moved by: Linssen, Donald Seconded by: Metz, Gene Roll Call Vote: Metz, Gene; Widboom Matt; Demuth, Robert S.; Linssen, Donald; Ahlers, Justin 5.0 Department Presentations

5.1 (A)

City of Lismore Bituminous Surfacing – Resolution 202011 Attachments: Agreement Resolution 202011

Stephen Schnieder presented the board with a paving agreement where Nobles County is planning on a bituminous paving project in the City of Lismore in 2020. The City of Lismore would like to include their work under the county contract. VOTING It was duly passed to approve Resolution 202011

Page 2 of 4

Moved by: Demuth, Robert S. Seconded by: Metz, Gene Roll Call Vote: Metz, Gene; Widboom, Matt; Demuth, Robert S.; Linssen, Donald; Ahlers, Justin 5.1 (B) City of Wilmont Bituminous Surfacing – Resolution 202012

Attachments: Agreement Resolution 202012

Stephen Schnieder presented the board with a paving agreement where Nobles County is planning on a bituminous paving project in the City of Wilmont in 2020. The City of Wilmont would like to include their work under the county contract. VOTING It was duly passed to approve Resolution 202012 Moved by: Metz, Gene Seconded by: Ahlers, Justin Roll Call Vote: Metz, Gene; Widboom, Matt; Demuth, Robert S.; Linssen, Donald; Ahlers, Justin A motion was made to recess for 4 minutes VOTING Moved by: Metz, Gene Seconded by: Widboom, Matt Roll Call Vote: Metz, Gene; Widboom, Matt; Demuth, Robert S.; Linssen, Donald; Ahlers, Justin A motion was made to resume the meeting. VOTING Moved by: Demuth, Robert S. Seconded by: Linssen, Donald Roll Call Vote: Metz, Gene; Widboom, Matt; Demuth, Robert S.; Linssen, Donald; Ahlers, Justin 5.2 (A) Data Center Architectural & Mechanical/Electrical Design Award Bruce Heitkamp presented the board with two bids received for the Data Center architectural and mechanical/electrical design work. It was recommended to award the work to the lowest bidder – EAPC out of Sioux Falls, SD. VOTING It was duly passed to award the bid to EAPC in the amount of $32,500. Moved by: Metz, Gene Seconded by: Demuth, Robert S. Roll Call Vote: Metz, Gene; Widboom, Matt; Demuth, Robert S.; Linssen, Donald; Ahlers, Justin 6.0 Administration Presentation 6.1 (A) Citizen Appointments

Attachment Jorge Lopez Application Kris Hohensee Application Andrea Valeria Duarte-Alonso Application

Tom Johnson, County Administrator, presented the Board with three applications for citizen committee appointments. VOTING It was duly passed to approve Jorge Lopez to the Health & Human Services Board. Moved by: Linssen, Donald Seconded by: Widboom, Matt Roll Call Vote: Metz, Gene; Widboom, Matt; Demuth, Robert S.; Linssen, Donald; Ahlers, Justin VOTING It was duly passed to approve Kris Hohensee to the Travel SW Minnesota Board. Moved by: Demuth, Robert S. Seconded by: Ahlers, Justin Roll Call Vote: Metz, Gene; Widboom, Matt; Demuth, Robert S.; Linssen, Donald; Ahlers, Justin

Page 3 of 4

VOTING It was duly passed to approve Andrea Valeria Duarte-Alonso to the Library Board. Moved by: Metz, Gene Seconded by: Demuth, Robert S. Roll Call Vote: Metz, Gene; Widboom, Matt; Demuth, Robert S.; Linssen, Donald; Ahlers, Justin 6.2 Cancel March 31, 2020 Work Session VOTING It was duly passed to cancel the March 31, 2020 Work Session. Moved by: Demuth, Robert S. Seconded by: Ahlers, Justin Roll Call Vote: Metz, Gene; Widboom, Matt; Demuth, Robert S.; Linssen, Donald; Ahlers, Justin 6.3 HLWD Levy Authority Increase It was presented to the board to remove the HLWD levy increase discussion from the table. VOTING It was duly passed to remove the HLWD levy increase discussion from the table. Moved by: Ahlers, Justin Seconded by: Metz, Gene Roll Call Vote: Metz, Gene; Widboom, Matt; Demuth, Robert S.; Linssen, Donald; Ahlers, Justin VOTING It was duly passed to table the HLWD levy increase discussion until further notice. Moved by: Ahlers, Justin Seconded by: Metz, Gene Roll Call Vote: Metz, Gene; Widboom, Matt; Demuth, Robert S.; Linssen, Donald; Ahlers, Justin 5.0 Highway Department Continued 5.1 (C) Adrian Shop Concrete Pavement Bid Award Four bids were received for the Adrian shop concrete pavement project. It was recommended to the board to approve the lowest bid. VOTING It was duly passed to approve the bid to K & M Concrete, Inc. of Edgerton, MN in the amount of $226,313.00. Moved by: Linssen, Donald Seconded by: Demuth, Robert S. Roll Call Vote: Metz, Gene; Widboom, Matt; Demuth, Robert S.; Linssen, Donald; Ahlers, Justin 5.1 (D) Used Snow Blower Purchase

Attachment Photos of snow blower

Stephen Schnieder presented information on the purchase of a used snow blower. Public Works has two snow blowers. One was replaced this winter with a used 1993 Sicard machine. The second blower is a 1969 machine. New blowers cost around $750,000. Good used blowers can be difficult to find. Another snow blower has been located. It is the same type of machine that we purchased, a SMI Snowmaster, a 1993 model year Sicard snow blower, with similar hours of operations and in very good condition. The price is the same, around $115,000. It was also discussed that the cost of transportation is included in the $115,000. VOTING It was duly passed to approve the purchase the additional snow blower. Moved by: Demuth, Robert S. Seconded by: Ahlers, Justin Roll Call Vote: Metz, Gene; Widboom, Matt; Demuth, Robert S.; Linssen, Donald; Ahlers, Justin 7.0 Inter-Agency Reports/Announcements 7.1 Committee and Board Reports District I - Commissioner Ahlers – HLWD had a phone meeting. Historical Society is also

continuing to have meetings via e-mail. Also reported on a Plum Creek executive

Page 4 of 4

meeting and asked if there was any interest in opening the Library up to curb side service. Discussion was held on the District II - Commissioner Metz – Reported that almost all meetings have either been canceled or postponed. District III - Commissioner Widboom – Asked for an update on the processing of spreading staff out and also how the unlocked 9th Street door is going. Administrator Johnson confirmed staff have been spread out and there have been no reports of anyone coming up the 9th Street staircase. District IV - Commissioner Demuth – No Report. District V - Commissioner Linssen – No Report. County Administration – Tom Johnson reported on creating a travel policy for non work related travel during the Covid period. County Administration – Bruce Heitkamp reported on statistics related to Covid-19.

7.2 Correspondence Attachments: Recruitment Update KLR Profit & Loss Nobles County Park Board Meeting Minutes 12/9/19 Nobles SWCD Agenda 3/18/20 KLR Agenda 3/12/20 KLR Advisory Committee Meeting Agenda 3/12/20 HLWD Meeting Minutes 1/15/20 HLWD Agenda 3/23/20 HLWD Activity Report KLR Balance Sheet as of 2/29/20 KLR Balance Sheet – Ditch Account as of 2/29/20 KLR Budget Comparison Sheet Nobles SWCD Program Summary Nobles SWCD Bills Payable as of 2/29/20 Nobles SWCD Meeting Minutes 2/19/20 KLR Meeting Minutes 2/13/20

7.3

Calendar Attachments: Commissioners Calendar March & April 2020

8.0 Other / Future Business 9.0 Adjournment VOTING It was duly passed to adjourn the meeting at 9:45 A.M. Moved by: Metz, Gene Seconded by: Demuth, Robert S. Roll Call Vote: Metz, Gene; Widboom, Matt; Demuth, Robert S.; Linssen, Donald; Ahlers, Justin


Page 1 of 1



Subd. 3 this 27th day of March, 2020, in the Board of Commissioners Room, at the Nobles County Government Center, Worthington, Minnesota. The following Commissioners were in attendance via phone conference: Justin Ahlers, Matt Widboom, Gene Metz, Donald Linssen and Robert Demuth Jr.

Nobles County Administrator Tom Johnson was present in the Commissioners Board Room. The meeting was called to order by Chairperson Ahlers at 8:30 A.M. followed by the Pledge of

Allegiance.


VOTING It was duly passed to approve the agenda as presented. Motion by: Metz, Gene Seconded by: Widboom, Matt Roll Call: Metz, Gene; Widboom, Matt; Demuth, Robert S.; Linssen, Donald; Ahlers, Justin 4.0 Resolution 202017 A. Resolution 202017

A resolution was discussed to approve the payment of county employees impacted by the Covid-19 emergency executive order 20-20 stay at home order. Commissioner Metz asked if the resolution would have a sunset date. At this time, the resolution is in conjunction with the Governor’s stay at home order. It was decided that the resolution would go for as long as the order is in effect or action of this board – whichever comes first. The resolution discussed will be updated before the board chair and Administrator sign the final copy. VOTING It was duly passed to adopt Resolution 202017 as discussed. Moved by: Demuth, Robert S. Seconded by: Linssen, Donald Roll Call: Metz, Gene; Widboom, Matt; Demuth, Robert S.; Linssen, Donald; Ahlers, Justin VOTING It was duly passed to adjourn the meeting at 8:45 A.M. Moved by: Metz, Gene Seconded by: Ahlers, Justin Roll Call: Metz, Gene; Widboom, Matt; Demuth, Robert S.; Linssen, Donald; Ahlers, Justin





Meetings & Conferences – Travel Expenses

Consent Agenda Recommendation: Approve the travel expenses paid March 27, 2020 by approving the Consent Agenda. Attachments: Travel Expenses paid March 27, 2020

27-Mar-20

Employee Taxable Non-Tax

Number Date Name Department Meeting/Conference Expenses Expenses Per Account CodeDiem

354 3/12/2020 Yager, Thelma RecorderDistrict Meeting Cottonwood County Windom MN $10.63 $34.50 01-107-6205

564 3/10/2020 Lowe, Michelle Jail Transport Writ-Shakopee MN $18.48 01-075-801-6201

564 03/02/20-03/05/20 Lowe, Michelle Jail Conference New Ulm MN $26.13 01-250-251-6201

690 02/26/20-02/27/20 Jacoby, Seth Sheriff Training- Marshall MN $49.82 01-250-251-6201

754 3/5/2020 Slinger, Dalton Correctional Officer Mankato MN - Woman's Prison $12.45 01-075-801-6201

618 3/2/2020 McCaslin, Julia Correctional Officer Training- New Ulm MN $23.32 01-250-251-6201

599 3/10/2020 Keninger, Licia Environmental ServicesHHW Recertification Marshall MN $9.72 $62.23 04-382-6201

114 3/11/2020 Schnieder, Stephen Public Works District 7 County Engineers Meeting $10.97 03-310-6201

114 3/3/2020 Schnieder, Stephen Public Works Training Class Mankato MN $7.36 03-310-6201

608 1/2/2020-3/5/20 Ebbers, Michelle Community ServicesCLT Meeting Windom MN, WIC Meeting Marshal MN $33.25 $73.23 05-450-460-6201

608 2/27/2020 Ebbers, Michelle Community ServicesCLT Meeting Windom MN, WIC Meeting Marshal MN $59.85 05-450-475-6201

608 12/4/20-12/20/20 Ebbers, Michelle Community ServicesCar Seat Education- Ellsworth, Worthington, Adrian $57.42 05-450-460-6201

460 10/9/2020 Palaschak, Lisa Community Services St Cloud MN $9.67 Community Service

192 02/01/20-02/29/20 Verde, Pam Community Services Meetings, Home Visit $36.24 Community Services

549 02/01/20-02/29/20 Pomrenke, Teresa Community Services Home Visits $11.50 Community Services

797 3/1/2020-03/05/20 Yeske, Ashley Community Services Training Woodbury MN $176.70 Community Services

185 3/13/2020 Pedersen, Geralda Community Services Courts Worthington $2.88 Community Services

153 2/10/20-3/4/2020 Radtke, Blaine Community ServicesCourts Worthington, Client Contact, MN Choices Assessment, SSTS Training $10.19 $23.04 Community Services

84 3/13/2020 Henderson, Sara Community Services Court PJC Worthington MN $2.90 Community Services

666 01/02/20-02/26/20 Pederson, Jessica Community ServicesCourt, Client Visit, Client Meeting- St. Peter Regional Meeting-St James $26.13 $10.37 Community Services

#N/A #N/A

#N/A #N/A

TOTAL $175.34 $623.64

GRAND TOTAL $798.98

Travel Expenses Paid - Nobles County

Page 1 of 1




Auditor’s Warrants

Consent Agenda Recommendation: Approve the Auditor’s Warrants totaling $400,963.19 by approving the Consent Agenda. Attachments: Accounts Payable Summary Auditor’s Warrants


COMMISSIONER BRIEFING State of Minnesota / Department of Human Services

County Grant Contract – Children’s Mental Health Respite Care Services Nobles County Community Services

Stacie Golombiecki Consent Agenda

Issue: Community Services has applied for and been awarded a grant to provide respite care services to children who are receiving Children’s Mental Health case management or have been diagnosed with severe emotional disturbance. Discussion: This grant funding is available to us for the time period of April 1, 2020 – June 30, 2021. The grant application did require some county funding to support sustainability to be included within the plan. We already had and continue to have an amount of $3,000 in our annual budget request reserved for providing respite care so that is what we included in our grant application. The total amount of grant funding available to us on a reimbursement basis is $10,531.00 over the life of the agreement. Respite care can be a very effective tool in preventing or reducing the likelihood of out of home placement and providing children with opportunities for socialization and other recreational opportunities. The Department of Human Services wishes to finalize this contract through a DocuSign arrangement in which the final agreement will be emailed to Stacie Golombiecki who will sign and return it to finalize. Options: N/A – we are able to use these dollars in a variety of creative ways to help keep kids out of placement. Recommendation: We recommend the Board approve this Grant Contract with the Minnesota Department of Human Services. We are also requesting approval for Stacie Golombiecki to sign off on the electronic document. Attachments: State of Minnesota / Department of Human Services County Grant Contract - Children’s Mental Health Respite Services

Attachment A: Revenue and Budget Nobles County Community Services $ 3,510.00 January 1, 2020 – June 31, 2020 award amount

Section D: Revenue Sources

Instructions: For each applicable entry, estimate funding for children’s respite services for SFY2020

Category Amount

CY2020 Respite Care Grant $3,510.00

County funding $1,619.40

Federal grants

System of Care grant

Foundation grants

Other (specify)

Section E: Budget Summary

Enter the budget for SFY 2020

Budget Category Budget Detail (breakdown of budget costs)

Amount

Personnel/Salaries (including total FTEs and rate of pay for each)

TL‐ $27.90/hr x 10 hrs/year $279.00 JP‐ $29.02/hr x 10 hrs/year $290.20 JV‐ $30.92/hr x 10 hrs/year $309.20 RE‐ $29.79/hr x 10 hrs/year $297.90

County Funding $1,176.30

Fringe Benefits (including total FTEs and rate of pay for each)


County Funding $443.10

Travel

Program Costs/Direct Assistance Payments to respite providers, supplies and cost associated with youth group sessions,

$2,950.00

registration fees to community education and community services, rental for YMCA activities

Client Incentives

Training, Staff Development

Supplies and Materials

Equipment

Facility Costs

Contractual Services

Insurance

Evaluation

Other

Other

Other

Other

TOTAL DIRECT COSTS

Indirect Costs/Administration $560.00

TOTAL BUDGET $5,129.40

Attachment A: Revenue and Budget Nobles County Community Services (organization name) $ 7,021.00 July 1, 2020 – June 31, 2021 award amount

Section D: Revenue Sources

Instructions: For each applicable entry, estimate funding for children’s respite services for SFY2021

Category Amount

CY2020 Respite Care Grant $7,021.00

County funding $3,238.45

Federal grants

System of Care grant

Foundation grants

Other (specify)

Section E: Budget Summary

Enter the budget for SFY 2021

Budget Category Budget Detail (breakdown of budget costs)

Amount

Personnel/Salaries (including total FTEs and rate of pay for each)

TL‐ $27.90/hr x 20 hrs/year $558.00

County Funding $2,352.25

JP‐ $29.02/hr x 20 hrs/year $580.40 JV‐ $30.92/hr x 20 hrs/year $618.00 RE‐ $29.79/hr x 20 hrs/year $595.80

Fringe Benefits (including total FTEs and rate of pay for each)


County Funding $886.20

Travel

Program Costs/Direct Assistance Payments to respite providers, supplies and cost associated with youth group sessions, registration fees to community education and community services, rental for YMCA activities

$5,900.00

Client Incentives

Training, Staff Development

Supplies and Materials

Equipment

Facility Costs

Contractual Services

Insurance

Evaluation

Other

Other

Other

Other

TOTAL DIRECT COSTS

Indirect Costs/Administration $1,121.00

TOTAL BUDGET $10,259.45

State of Minnesota County Grant Contract Worksheet (Not Part of the Contract) This worksheet contains private information and should not be reproduced or distributed externally without express written permission of the grantee. If you circulate this grant contract internally, only offices that require access to the tax identification number and all individuals/offices signing this grant contract should have access to this page.

Total Amount of Grant Contract $10,531

FinDeptID H55 31114 amount for state fiscal year 2020: $3,510.00

amount for state fiscal year 2021 $7,021.00

__X__Unspent encumbrances to be certified to meet future obligations in accordance with Minnesota Statutes, section 16A.28

Starts in fiscal year: 2020 Vendor ID: 197336

SWIFT Grant# /Encumbrance #: GRK%____________ /_30000 __ __ __ __ __ __

Number/Date/Initials:

Individual signing certifies that funds have been encumbered as required by Minnesota Statutes, section 16A.15.

Related RFP file number: 4202

COUNTY Name and Address: Nobles County Community Services

PO Box 189 Worthington, MN 56187

Soc. Sec. or Federal Employer I.D. No.: 41‐6005854

Minnesota Tax I.D. No. (if applicable): 8027075

1 County Grant Contract (GK304) Rev. 11/2019

Minnesota Department of Human Services County Grant Contract

RECITALS This Grant Contract, and all amendments and supplements to the contract (“CONTRACT”), is between

the State of Minnesota, acting through its Department of Human Services, Division of Behavioral Health

Division (“STATE”) and Nobles County Community Services, an independent grantee, not an employee

of the State of Minnesota, located at PO Box 189 Worthington, MN 56187 “COUNTY”).

STATE, pursuant to Minnesota Statutes, section 256.01, subdivision 2(a)(6), has authority to enter into

contracts for the following services: Children’s Mental Health Respite Care Services.

STATE, in accordance with Minnesota Statutes, section 13.46, is permitted to share information with

COUNTY.

COUNTY represents that it is duly qualified and willing to perform the services set forth in this

CONTRACT to the satisfaction of STATE.

THEREFORE, the parties agree as follows:

1. CONTRACT TERM AND SURVIVAL OF TERMS.

1.1. Effective date: This CONTRACT is effective on April 1, 2020 or the date that STATE obtains all

required signatures under Minnesota Statutes, section 16B.98, subdivision F, whichever is later.

1.2. Expiration date. This CONTRACT is valid through June 30, 2021, or until all obligations set forth

in this CONTRACT have been satisfactorily fulfilled, whichever occurs first.

1.3. No performance before notification by STATE. COUNTY may not begin work under this

CONTRACT, nor will any payments or reimbursements be made, until all required signatures have been

obtained per Minn. Stat. § 16B.98, subd. 7, and COUNTY is notified to begin work by STATE's Authorized

Representative.

1.4. Survival of terms. COUNTY shall have a continuing obligation after the expiration of CONTRACT

to comply with the following provisions of CONTRACT: 9. Liability; 10. Information Privacy and Security;

11. Intellectual Property Rights; 13.1. State audit; and 14. Jurisdiction and Venue.

1.5. Time is of the essence. COUNTY will perform its duties within the time limits established in

CONTRACT unless it receives written approval from STATE. In performance of CONTRACT, time is of the

essence.


2. COUNTY'S DUTIES.

2.1 Duties. COUNTY shall perform duties as follows:

(a.) COUNTY will design and provide planned and/or emergency children’s mental health Respite Care

(RC) services for eligible children and families. RC program must have the goal of reducing family stress

and/or decreasing the likelihood of further out of home placement.

(b.) Youth with a Severe Emotional Disturbance (SED) and their families are eligible to receive RC

services with or without a case manager. COUNTY will promote and ensure equal access of RC services

to all youth with a SED and their families. COUNTY will meet with individuals and organizations from

underserved communities. Underserved Communities (UC) include people who are experiencing

disparities because of race, ethnicity, language or social status, income, inability to access care, and

other barriers to receiving services their region. COUNTY will collaborate with organizations

representing UC, as well as individuals in UC, with the goal of promoting greater access to RC services.

(c.) 1. COUNTY has some discretion in developing COUNTY’s RC program. RC services can be provided

using:

i. Traditional Services (TS): TS can include but are not limited to hourly or overnight stays at a

licensed foster home or with a qualified and approved family member or friend. TS can occur

at a child’s or a provider’s home.

ii. Non‐Traditional Services (NTS): NTS includes but are not limited to payments for individual or

family fitness memberships, club membership fees, enrollment in summer camp, and the

purchase of art supplies.

iii. Combination of both TS and NTS.

2. RC Services do not include:

i. Providing safety in a Child Protection matter;

ii. Residential mental health treatment;

iii. Treatment Foster Care; and

iv. Services that are otherwise reimbursed by Medical Assistance.

(d.) COUNTY will participate in DHS grant meetings with STATE at a frequency and location determined

by both COUNTY and STATE.

(e.) COUNTY will document all instances of RC services provided. For youth with a Children’s Mental

Health Targeted Case Manager (CMH TCM) from the COUNTY or a case management agency that

contracts with the COUNTY, RC will be documented in the Individual Family Community Support Plan

(IFCSP). For youth without a CMH TCM, COUNTY has the discretion to determine the method to

document RC services provided.

(f.) COUNTY will submit quarterly reports to STATE indicating the number, characteristics, and

demographics of youth served by RC as well as the types of services provided. The COUNTY will use the

SNAP survey system to report demographic information and outreach to people and organizations from

UC. COUNTY will submit quarterly reports to the STATE using the SNAP survey system. Reports will be

submitted according to the following schedule:


Service Period Quarterly Report Due Date

April 1, 2020 – June 30, 2020 July 31, 2020

July 1, 2020 ‐ September 30, 2020 October 31, 2020

October 1, 2020 – December 31, 2020 January 31, 2021

January 1,2021 – March 31,2021 April 30, 2021

April 1, 2021 – June 30, 2021 July 31, 2021

2.2 Accessibility. Any information systems, tools, content, and work products produced under this

CONTRACT, including but not limited to software applications, web sites, video, learning modules,

webinars, presentations, etc., whether commercial, off‐the‐shelf (COTS) or custom, purchased or

developed, must comply with the Minnesota IT Accessibility Standards, as updated on June 14, 2018.

This standard requires, in part, compliance with the Web Content Accessibility Guidelines (WCAG) 2.0

(Level AA) and Section 508 Subparts A‐D.

Information technology deliverables and services offered must comply with the MN.IT Services

Accessibility Standards1 and any documents, reports, communications, etc. contained in an electronic

format that GRANTEE delivers to or disseminates for the STATE must be accessible. (The relevant

requirements are contained under the “Standards” tab at the link above.) Information technology

deliverables or services that do not meet the required number of standards or the specific standards

required may be rejected and STATE may withhold payment pursuant to clause 3.2(a) of CONTRACT.

3. CONSIDERATION AND TERMS OF PAYMENT. 3.1 Consideration. STATE will pay for all services satisfactorily provided by COUNTY under this

CONTRACT.

a. Compensation. Grantee will be paid in accordance with Attachment A: “Budget,” which is

attached and included in this CONTRACT.

1. COUNTY must obtain STATE written approval before changing any part of the budget.

Notwithstanding Clause 21.1 of CONTRACT, shifting of funds between budget line items

does not require an amendment if the amount shifted does not exceed 10% of the line item

and when the total obligation and salaries/fringe benefits remain unchanged.

2. If COUNTY’s approved budget changes proceed without an amendment pursuant to this

clause, COUNTY must record the budget change in Electronic Grant Management System

(EGMS) or on a form provided by STATE.

b. Travel and subsistence expenses. Reimbursement for travel and subsistence expenses

actually and necessarily incurred as a result of COUNTY's performance under this CONTRACT

shall be no greater an amount than provided in the most current Commissioner’s Plan (which is

1 https://mn.gov/mnit/about‐mnit/accessibility/


incorporated by reference), promulgated by the Commissioner of Minnesota Management and

Budget. The Commissioner’s Plan can be found here: https://mn.gov/mmb/employee‐

relations/labor‐relations/labor/commissioners‐plan.jsp. COUNTY shall not be reimbursed for

travel and subsistence expenses incurred outside the geographical boundaries of Minnesota

unless it has received prior written approval from STATE. Minnesota shall be considered the

home state for determining whether travel is out of state.

c. Total obligation. The total obligation of STATE for all compensation and reimbursements to

COUNTY shall not exceed ten thousand five hundred thirty one dollars. ($10,531.00).

d. Withholding. For compensation payable under this CONTRACT, which is subject to withholding

under state or federal law, appropriate amounts will be deducted and withheld by STATE as

required.

3.2. Terms of payment a. Invoices. Payments shall be made by STATE promptly after COUNTY submits an invoice for

services performed and the services have been determined acceptable by STATE's authorized

agent pursuant to Clause 4.1. Invoices shall be submitted in a form prescribed by STATE, if

applicable, and according to the following schedule: invoices shall be submitted 30 days after

the end of quarterly reporting period set forth in Clause 2.1, sub‐clause (f). If STATE does not

prescribe a form, COUNTY may submit invoices in a mutually agreed invoice format.

b. Federal funds. (Where applicable. If blank this section does not apply.) Payments are to be

made from federal funds obtained by STATE through Catalog of Federal Domestic Assistance

(CFDA) No. N/A. If at any time such funds become unavailable, this CONTRACT shall be

terminated immediately upon written notice of such fact by STATE to COUNTY. In the event of

such termination, COUNTY shall be entitled to payment, determined on a pro rata basis, for

services satisfactorily performed.

1. Flow‐down provisions. COUNTY acknowledges that, if it is a subrecipient of federal funds

under this CONTRACT, COUNTY may be subject to certain compliance obligations. COUNTY

can view a table of these obligations in the Health and Human Services Grants Policy

Statement, Exhibit 3, https://www.hhs.gov/sites/default/files/grants/grants/policies‐

regulations/hhsgps107.pdf.

2. To the degree federal funds are used in this contract, STATE and COUNTY agree to comply

with all pass‐through requirements, including each Party’s auditing requirements as stated

in 2 C.F.R. § 200.331 (Requirements for pass‐through entities).

4. CONDITIONS OF PAYMENT.

4.1. Satisfaction of STATE. All services provided by COUNTY pursuant to this CONTRACT shall be

performed to the satisfaction of STATE, as determined at the sole discretion of its authorized

representative, and in accord with all applicable federal, state, and local laws, ordinances, rules and


regulations. COUNTY shall not receive payment for work found by STATE to be unsatisfactory, or

performed in violation of federal, state or local law, ordinance, rule or regulation.

4.2. Payments to subcontractors. (If applicable) As required by Minn. Stat. § 16A.1245, COUNTY

must pay all subcontractors, within ten (10) calendar days of COUNTY’s receipt of payment from STATE

for undisputed services provided by the subcontractor(s) and must pay interest at the rate of 1‐1/2

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).

4.3. Administrative costs and reimbursable expenses. Pursuant to Minn. Stat. § 16B.98, subd.

1, COUNTY agrees to minimize administrative costs as a condition of this grant. COUNTY shall ensure

that costs claimed for reimbursement shall be actual costs, to be determined in accordance with 2 C.F.R.

§ 200.0 et seq., COUNTY shall not invoice STATE for services that are reimbursable via a public or private

health insurance plan. If COUNTY receives funds from a source other than STATE in exchange for

services, then COUNTY may not receive payment from STATE for those same services. COUNTY shall

seek reimbursement from all sources before seeking reimbursement pursuant to CONTRACT.

5. PAYMENT RECOUPMENT. COUNTY must reimburse STATE upon demand or STATE may deduct from future payments under this

CONTRACT or future CONTRACTS the following:

a. Any amounts received by COUNTY from the STATE for contract services which have been

inaccurately reported or are found to be unsubstantiated;

b. Any amounts paid by COUNTY to a subcontractor not authorized in writing by STATE;

c. Any amount paid by STATE for services which either duplicate services covered by other specific

grants or contracts, or amounts determined by STATE as non‐allowable under the line item budget, clause 2.1(a);

d. Any amounts paid by STATE for which COUNTY’S books, records and other documents are not

sufficient to clearly substantiate that those amounts were used by COUNTY to perform contract services, in accordance with clause 1, COUNTY’s Duties; and/or

e. Any amount identified as a financial audit exception.

6. CANCELLATION. 6.1. For cause or convenience. In accord with Minn. Stat. § 16B.04, subd. 2, the Commissioner of

Administration has independent authority to cancel this CONTRACT. CONTRACT may be canceled by

STATE or COUNTY at any time, with or without cause, upon thirty (30) days written notice to the other

party. The thirty (30) day notice may be waived, in writing, by the party receiving notice. In the event of

such a cancellation, COUNTY shall be entitled to payment, determined on a pro rata basis, for work or

services satisfactorily performed. STATE has the right to suspend or terminate this CONTRACT

immediately when STATE deems the health or welfare of the service recipients is endangered, when

STATE has reasonable cause to believe that COUNTY has breached a material term of the CONTRACT, or


when COUNTY's non‐compliance with the terms of the CONTRACT may jeopardize federal financial

participation.

6.2. Insufficient funds. STATE may immediately terminate this 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 will be by written

notice to COUNTY. STATE is not obligated to pay for any services that are provided after the effective

date of termination. COUNTY will be entitled to payment, determined on a pro rata basis, for services

satisfactorily performed to the extent that funds are available. STATE will not be assessed any penalty if

the CONTRACT is terminated because of the decision of the Minnesota Legislature, or other funding

source, not to appropriate funds. STATE must provide COUNTY notice of the lack of funding within a

reasonable time of STATE’s receiving that notice.

6.3. Breach. Notwithstanding clause 6.1, upon STATE’s knowledge of a curable material breach of the

CONTRACT by COUNTY, STATE shall provide COUNTY written notice of the breach and ten (10) days to

cure the breach. If COUNTY does not cure the breach within the time allowed, COUNTY will be in

default of this CONTRACT and STATE may cancel the CONTRACT immediately thereafter. If COUNTY has

breached a material term of this CONTRACT and cure is not possible, STATE may immediately terminate

this CONTRACT.

7. AUTHORIZED REPRESENTATIVES, RESPONSIBLE AUTHORITY, and PROJECT MANAGER. 7.1. State. STATE's authorized representative for the purposes of administration of this CONTRACT is

Diane Marshall or successor. Phone and email: 651‐431‐2328, [email protected]. This

representative shall have final authority for acceptance of COUNTY's services and if such services are

accepted as satisfactory, shall so certify on each invoice submitted pursuant to Clause 3.2.

7.2. County. COUNTY’s Authorized Representative is Stacie Golombiecki or successor. Phone and

email: , [email protected] [email protected]. If COUNTY’s Authorized

Representative changes at any time during this CONTRACT, COUNTY must immediately notify STATE.

7.3. Information Privacy and Security. (If applicable) COUNTY’s responsible authority for the

purposes of complying with data privacy and security for this CONTRACT is Stacie Golombiecki or

successor. Phone and email: 507‐295‐5228, [email protected].

8. INSURANCE REQUIREMENTS. 8.1. Worker’s Compensation. The COUNTY certifies that it is in compliance with Minn. Stat. §

176.181, subd. 2, pertaining to workers’ compensation insurance coverage. The COUNTY’S employees

and agents will not be considered employees of the STATE. Any claims that may arise under the

Minnesota Workers’ Compensation Act on behalf of these employees or agents and any claims made by

any third party as a consequence of any act or omission on the part of these employees or agents are in

no way the STATE’S obligation or responsibility.


9. LIABILITY. To the extent provided for in Minn. Stat. §§ 466.01‐466.15, the COUNTY agrees to be responsible for any

and all claims or causes of action arising from the performance of this grant contract by COUNTY or

COUNTY’S agents or employees. This clause shall not be construed to bar any legal remedies COUNTY

may have for the STATE’S failure to fulfill its obligations pursuant to this grant.

10. INFORMATION PRIVACY AND SECURITY. a. It is expressly agreed that STATE will not be disclosing or providing information protected under

the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (the “Data Practices Act”) as “not public data” on individuals to COUNTY under this Contract. “Not public data” means any data that is classified as confidential, private, nonpublic, or protected nonpublic by statute, federal law or temporary classification. Minn. Stat. § 13.02, subd. 8a.

b. It is expressly agreed that COUNTY will not create, receive, maintain, or transmit "protected health information", as defined in the Health Insurance Portability Accountability Act (“HIPAA”), 45 C.F.R. § 160.103, on behalf of STATE for a function or activity regulated by 45 C.F.R. 160 or 164. Accordingly, COUNTY is not a "business associate" of STATE, as defined in HIPAA, 45 C.F.R. § 160.103 as a result of, or in connection with, this CONTRACT. Therefore, COUNTY is not required to comply with the privacy provisions of HIPAA as a result of, or for purposes of, performing under this CONTRACT. If COUNTY has responsibilities to comply with the Data Practices Act or HIPAA for reasons other than this CONTRACT, COUNTY will be responsible for its own compliance.

c. Notwithstanding paragraph A and B, in its capacity as GRANTEE under this CONTRACT,

GRANTEE must comply with the provisions of the Data Practices Act as though it were a governmental entity as defined by the Data Practices Act. GRANTEE will be performing functions of a government entity under Minn. Stat. § 13.05, subd. 11, and thus any data created, collected, received, stored, used, maintained or disseminated by GRANTEE in performing its duties under this contract is subject to the protections of the Data Practices Act. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data governed by the Data Practices Act, Minn. Stat. Ch. 13, by either GRANTEE or STATE.

d. In its capacity as GRANTEE under this contract, GRANTEE is being made an agent of the “welfare

system” as defined in Minn. Stat. § 13.46, subd. 1, and any data collected, created, received, stored, used, maintained or disseminated by GRANTEE in performing its duties under this Contract is explicitly subject to the protections of Minn. Stat. § 13.46.

e. If GRANTEE receives a request to release data created, collected, received, stored, used,

maintained or disseminated by GRANTEE in performing its duties under this CONTRACT,

GRANTEE must immediately notify and consult with STATE’s Authorized Representative as to

how GRANTEE should respond to the request.

f. Under this CONTRACT, GRANTEE is performing the functions of a government entity including,

but not limited to, responding appropriately pursuant to Minn. Stat. §§ 13.03 and 13.04 to

requests for data created, collected, received, stored, used, maintained, or disseminated by

GRANTEE in performing its duties under this CONTRACT.


g. GRANTEE’s obligations while performing the functions of a government entity include, but are

not limited to, complying with Minn. Stat. § 13.05, subd. 5 to establish appropriate security

safeguards for all records containing data on individuals.

h. GRANTEE must comply with Minn. Stat. § 13.055 to investigate and appropriately report or notify regarding any potential unauthorized acquisition of data created, collected, received, stored, used, maintained, or disseminated by GRANTEE in performing its duties under this CONTRACT.

11. INTELLECTUAL PROPERTY RIGHTS. 11.1. Definitions. Works means all inventions, improvements, discoveries (whether or not

patentable or copyrightable), databases, computer programs, reports, notes, studies, photographs,

negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice,

created or originated by COUNTY, its employees, agents, and subcontractors, either individually or

jointly with others in the performance of the CONTRACT. Works includes “Documents.” Documents are

the originals of any data bases, computer programs, reports, notes, studies, photographs, negatives,

designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or

electronic forms, prepared by COUNTY, its employees, agents, or subcontractors, in the performance of

this CONTRACT.

11.2. Ownership. STATE owns all rights, title, and interest in all of the intellectual property, including

copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created

and paid for under this CONTRACT. The Works and Documents will be the exclusive property of STATE

and all such Works and Documents must be immediately returned to STATE by COUNTY upon

completion or cancellation of this 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.” If using

STATE data, COUNTY must cite the data, or make clear by referencing that STATE is the source.

11.3. Responsibilities. a. Notification. Whenever any Works or Documents (whether or not patentable) are made or

conceived for the first time or actually or constructively reduced to practice by COUNTY,

including its employees and subcontractors, and are created and paid for under this CONTRACT,

COUNTY will immediately give STATE’s Authorized Representative written notice thereof, and

must promptly furnish the Authorized Representative with complete information and/or

disclosure thereon. COUNTY will assign all right, title, and interest it may have in the Works and

the Documents to STATE.

b. Filing and recording of ownership interests. COUNTY must, at the request of STATE,

execute all papers and perform all other acts necessary to transfer or record STATE’s ownership

interest in the Works and Documents created and paid for under this CONTRACT. COUNTY must

perform all acts, and take all steps necessary to ensure that all intellectual property rights in

these Works and Documents are the sole property of STATE, and that neither COUNTY nor its

employees, agents, or subcontractors retain any interest in and to these Works and Documents.


c. Duty not to infringe on intellectual property rights of others. COUNTY represents and

warrants that the Works and Documents created and paid for under this CONTRACT do not and

will not infringe upon any intellectual property rights of other persons or entities.

Notwithstanding Clause 9, COUNTY will indemnify; defend, to the extent permitted by the

Attorney General; and hold harmless STATE, at COUNTY’s expense, from any action or claim

brought against STATE to the extent that it is based on a claim that all or part of these Works or

Documents infringe upon the intellectual property rights of others. COUNTY will be responsible

for payment of any and all such claims, demands, obligations, liabilities, costs, and damages,

including but not limited to, attorney’s fees. If such a claim or action arises, or in COUNTY’s or

STATE’s opinion is likely to arise, COUNTY must, at STATE’s discretion, either procure for STATE

the right or license to use the intellectual property rights at issue or replace or modify the

allegedly infringing Works or Documents as necessary and appropriate to obviate the

infringement claim. This remedy of STATE will be in addition to and not exclusive of other

remedies provided by law.

d. Federal license granted. If federal funds are used in the payment of this CONTRACT, pursuant

to 45 C.F.R. § 75.322, the U.S. Department of Health and Human Services is granted a royalty‐

free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for

Federal purposes, and to authorize others to do so.

12. OWNERSHIP OF EQUIPMENT. The STATE shall have the right to require transfer of all equipment purchased with grant funds (including title) to STATE or to an eligible non‐STATE party

named by the STATE. If federal funds are granted by the STATE, then disposition of all equipment

purchased under this grant contract shall be in accordance with OMB Uniform Grant Guidance, 2 C.F.R. §

200.313. For all equipment having a current per unit fair market value of $5,000 or more, STATE shall

have the right to require transfer of the equipment (including title) to the Federal Government. These

rights will normally be exercised by STATE only if the project or program for which the equipment was

acquired is transferred from one grantee to another.

13. AUDIT REQUIREMENTS AND COUNTY DEBARMENT INFORMATION. 13.1. State audit. Under Minn. Stat. § 16B.98, subd. 8, the books, records, documents, and accounting procedures and

practices of the COUNTY or other party that are relevant to the CONTRACT are subject to examination

by STATE and either the legislative auditor or the state auditor, as appropriate, for a minimum of six

years from the CONTRACT end date, receipt and approval of all final reports, or the required period of

time to satisfy all state and program retention requirements, whichever is later.

13.2. Independent audit. If COUNTY conducts or undergoes an independent audit during the term

of this CONTRACT, a copy of the audit must be submitted to STATE within thirty (30) days of the audit’s

completion.

13.3. Federal audit requirements and COUNTY debarment information. COUNTY certifies

it will comply with 2 C.F.R § 200.501 et seq., as applicable. To the extent federal funds are used for this


CONTRACT, COUNTY acknowledges that COUNTY and STATE shall comply with the requirements of 2

C.F.R. § 200.331. Non‐Federal entities receiving $750,000 or more of federal funding in a fiscal year must

obtain a single or program‐specific audit conducted for that year in accordance with 2 C.F.R. § 200.501.

Failure to comply with these requirements could result in forfeiture of federal funds.

13.4. Debarment by STATE, its departments, commissions, agencies or political subdivisions. COUNTY certifies that neither it nor its principles are presently debarred or suspended by the State of

Minnesota, or any of its departments, commissions, agencies, or political subdivisions. COUNTY’s

certification is a material representation upon which the CONTRACT award was based. COUNTY shall

provide immediate written notice to STATE’s authorized representative if at any time it learns that this

certification was erroneous when submitted or becomes erroneous by reason of changed

circumstances.

13.5. Certification regarding debarment, suspension, ineligibility, and voluntary exclusion – lower tier covered transactions. COUNTY’s certification is a material representation upon which CONTRACT award was based. Federal

money will be used or may potentially be used to pay for all or part of the work under CONTRACT,

therefore COUNTY must certify the following, as required by 2 C.F.R. § 180, or its regulatory equivalent.

a. Instructions for Certification

1. By signing and submitting this CONTRACT, the prospective lower tier participant is providing

the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was

placed when this transaction was entered into. If it is later determined that the prospective

lower tier participant knowingly rendered an erroneous certification, in addition to other

remedies available to the Federal Government, the department or agency with which this

transaction originated may pursue available remedies, including suspension and/or

debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to

which this CONTRACT is submitted if at any time the prospective lower tier participant learns

that its certification was erroneous when submitted or had become erroneous by reason of

changed circumstances.

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered

transaction, participant, person, primary covered transaction, principal, proposal, and

voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and

Coverages sections of rules implementing Executive Order 12549. You may contact the

person to which this CONTRACT is submitted for assistance in obtaining a copy of those

regulations.

5. The prospective lower tier participant agrees by submitting this response that, should the

proposed covered transaction be entered into, it shall not knowingly enter into any lower tier

covered transaction with a person who is proposed for debarment under 48 C.F.R. part 9,


subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from

participation in this covered transaction, unless authorized by the department or agency with

which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this CONTRACT that it will

include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and

Voluntary Exclusion‐‐Lower Tier Covered Transaction,” without modification, in all lower tier

covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective

participant in a lower tier covered transaction that it is not proposed for debarment under 48

CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered

transactions, unless it knows that the certification is erroneous. A participant may decide the

method and frequency by which it determines the eligibility of its principals. Each participant

may, but is not required to, check the List of Parties Excluded from Federal Procurement and

Nonprocurement Programs

8. Nothing contained in the foregoing shall be construed to require establishment of a system of

records in order to render in good faith the certification required by this clause. The

knowledge and information of a participant is not required to exceed that which is normally

possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a

covered transaction knowingly enters into a lower tier covered transaction with a person who

is proposed for debarment under 48 C.F.R. part 9, subpart 9.4, suspended, debarred,

ineligible, or voluntarily excluded from participation in this transaction, in addition to other

remedies available to the federal government, the department or agency with which this

transaction originated may pursue available remedies, including suspension and/or

debarment.

b. Lower Tier Covered Transactions.

1. The prospective lower tier participant certifies, by submission of this CONTRACT, that neither

it nor its principals is presently debarred, suspended, proposed for debarment, declared

ineligible, or voluntarily excluded from participation in this transaction by any Federal

department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in

this certification, such prospective participant shall attach an explanation to this CONTRACT.

14. JURISDICTION AND VENUE. This CONTRACT, and amendments and supplements, are governed by the laws of the State of

Minnesota. Venue for all legal proceedings arising out of this CONTRACT, or breach of the CONTRACT,

shall be in the state or federal court with competent jurisdiction in Ramsey County, Minnesota.


15. CLERICAL ERRORS AND NON‐WAIVER. 15.1. Clerical error. Notwithstanding Clause 21.1, STATE reserves the right to unilaterally fix clerical

errors contained in CONTRACT without executing an amendment. COUNTY will be informed of errors

that have been fixed pursuant to this paragraph.

15.2. Non‐waiver. If STATE fails to enforce any provision of this CONTRACT, that failure does not

waive the provision or STATE’s right to enforce it.

16. AMENDMENT, ASSIGNMENT, SEVERABILITY, ENTIRE AGREEMENT, AND DRAFTING PARTY. 16.1. Amendments. Any amendments to this CONTRACT shall be in writing, and shall be executed by

the same parties who executed the original CONTRACT, or their successors in office.

16.2. Assignment. COUNTY shall neither assign nor transfer any rights or obligations under this CONTRACT without the prior written consent of STATE.

16.3. Entire Agreement. If any provision of this CONTRACT is held to be invalid or unenforceable in any respect, the validity and enforceability of the remaining terms and provisions of this CONTRACT shall

not in any way be affected or impaired. The parties will attempt in good faith to agree upon a valid and

enforceable provision that is a reasonable substitute, and will incorporate the substitute provision in this

CONTRACT according to clause 21.1.

16.4. Entire Agreement. This CONTRACT contains all negotiations and agreements between STATE

and COUNTY. No other understanding regarding this CONTRACT, whether written or oral may be used

to bind either party.

16.5 Drafting party. The parties agree that both parties have had an opportunity to negotiate and

draft CONTRACT, and that, in the event of a dispute, the CONTRACT shall not be construed against

either party.

17. PROCURING GOODS AND CONTRACTED SERVICES. 17.1. Contracting and bidding requirements. COUNTY certifies that it shall comply with Minn.

Stat. § 471.345.

17.2. Prevailing wage. For projects that include construction work of $25,000 or more, prevailing

wage rules apply per Minn. Stat. §§ 177.41 through 177.44; consequently, the bid request must state

the project is subject to prevailing wage. These rules require that the wages of laborers and workers

should be comparable to wages paid for similar work in the community as a whole. Vendors should

submit a prevailing wage form along with their bids.

17.3 Debarred vendors. In the provision of goods or services under this CONTRACT, COUNTY must

not contract with vendors who are suspended or debarred in Minnesota or under federal law. Before

entering into a subcontract, COUNTY must check if vendors are suspended or debarred by referencing

the Minnesota Department of Administration’s Suspended/Debarred Vendor Report:


http://www.mmd.admin.state.mn.us/debarredreport.asp. A link to vendors debarred by Federal

agencies is provided at the bottom of the web page.

18. SUBCONTRACTS. COUNTY, as an awardee organization, is legally and financially responsible for all aspects of this award

that are subcontracted, including funds provided to sub‐recipients and subcontractors, in accordance

with 45 C.F.R. §§ 75.351‐75.352. COUNTY shall ensure that the material obligations, borne by the

COUNTY in this CONTRACT, apply as between COUNTY and subrecipients, in all subcontracts, to the

same extent that the material obligations apply as between the STATE and COUNTY.

19. LEGAL COMPLIANCE. 19.1 General compliance. All performance under this CONTRACT must be in compliance with state

and federal law and regulations, and local ordinances. Allegations that STATE deems reasonable, in its

sole discretion, of violations of state or federal law or regulations, or of local ordinances, may result in

CONTRACT cancellation or termination and/or reporting to local authorities by STATE.

19.2 Nondiscrimination. COUNTY will not discriminate against any person on the basis of the

person’s race, color, creed, religion, national origin, sex, marital status, gender identity, disability, public

assistance status, sexual orientation, age, familial status, membership or activity in a local commission,

or status as a member of the uniformed services. COUNTY must refrain from such discrimination as a

matter of its contract with STATE. “Person” includes, without limitation, a STATE employee, COUNTY’s

employee, a program participant, and a member of the public. “Discriminate” means, without limitation,

to: fail or refuse to hire, discharge, or otherwise discriminate against any person with respect to the

compensation, terms, conditions, or privileges of employment, or; exclude from participation in, deny

the benefits of, or subject to discrimination under any COUNTY program or activity.

COUNTY will ensure that all of its employees and agents comply with Minnesota Management and

Budget Policy #1329 (Sexual Harassment Prohibited) and #1436 (Harassment and Discrimination

Prohibited).

19.3 Grants management policies. COUNTY must comply with required grants management

policies and procedures set forth through Minn. Stat. § 16B.97, subd. 4(a)(1), which can be found at

https://mn.gov/admin/government/grants/policies‐statutes‐forms/. Compliance under this paragraph

includes, but is not limited to, participating in monitoring and financial reconciliation as required by

OGM Policy 08‐10.

19.4 Conflict of interest. Grantee certifies that it does not have any conflicts of interest related to

this CONTRACT, as defined by OGM Policy 08‐01. COUNTY shall immediately notify STATE if a conflict of

interest arises.

20. OTHER PROVISIONS

20.1. No Religious Based Counseling. COUNTY agrees that no religious based counseling shall

take place under the auspices of this CONTRACT.


REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Signature Page Follows


By signing below, the parties agree to the terms and conditions contained in this CONTRACT.

APPROVED:

1. STATE ENCUMBRANCE VERIFICATION

Individual certifies that funds have been

encumbered as required by Minnesota Statutes,

chapter 16A and section 16C.05.

By:____________________________________

Date:__________________________________

Contract No:____________________________

2. COUNTY

Signatory certifies that Grantee’s articles of incorporation, by‐laws, or corporate resolutions authorize Signatory both to sign on behalf of and bind the Grantee to the terms of this Agreement. Grantee and Signatory agree that the State Agency relies on the Signatory’s certification herein. By:____________________________________

Title:__________________________________

Date:_________________________________

3. STATE AGENCY

By (with delegated

authority):______________________________

Title:__________________________________

Date:__________________________________

Distribution: (fully executed contract to each)

Contracting and Legal Compliance Division

County

State Authorized Representative




April 7, 2020

Jury Room project Tom Johnson, Administration

Issue: We have not been able to get interest in work on the Jury Rooms until recently. Discussion: We have just gotten 2 quotes to eliminate 2 doors and add two doors in a more appropriate location. Both are considering exact matches of current finishes, which will not be possible with 20 year old fabric sound absorbing panels that are cloth covered. In an effort to get more consistent proposals and reduce costs, we have asked both contractors to consider a slightly different option. The expectation is the total cost will be between $20,000.00 and $30,000.00. The reason to keep this moving quickly is because of the current stay-at-home order, courts are only addressing the most critical cases and that will allow a much better opportunity to schedule and complete the project. Options: Approve the Administrator, Board Chair and Vice Chair to authorize an agreement for the best value option. Do not approve. Recommendation: Administration recommends board approval for the Administrator, Board Chair and Vice Chair to authorize an agreement for the best value option.




April 7, 2020

Nobles County Historical Society Legacy Grant Resolution 202018

Tom Johnson, Administration

Issue: The Nobles County Historical Society (NCHS) will be applying for a legacy grant and needs the support of Nobles County as we have in the past. Discussion: The NCHS Legacy Grant application needs to be approved by the county. The past two applications were not funded and there remains the same need for a significant grant for the HVAC system replacement. The old system has essentially failed and the Armory building is operating on temporary systems. The grant pre-application is due in May so this allows the NCHS folks to complete the process in a timely fashion. Options: Adopt the resolution in support of NCHS application. Do not adopt the resolution. Recommendation: Administration recommends the board adopt resolution 202018 approving NCHS submit a Legacy Grant Application.

RESOLUTION 202018

SUPPORTING THE SUBMISSION OF A LEGACY FUNDS GRANT APPLICATION

TO THE MINNESOTA STATE HISTORICAL SOCIETY

WHEREAS, Nobles County is a political subdivision in the state of Minnesota; and

WHEREAS, Nobles County desires to approve the submission of a Legacy funds grant application to the Minnesota State Historical Society, by May 29,2020; and

WHEREAS, It is understood that the focus of this proposal will be for the purchase and installation of a museum quality HVAC system for the reuse of the Armory facility by the Nobles County Historical Society.

NOW, THEREFORE, BE IT RESOLVED that Nobles County authorizes representatives of the

Nobles County Historical Society to prepare and submit the grant application. Passed and adopted by the Board of Commissioners of the County of Nobles, Minnesota this 7th day of April, 2020. _________________________________ Justin Ahlers, Chair Nobles County, Minnesota Board of Commissioners

ATTEST: _______________________________ (SEAL) Tom Johnson, County Administrator Nobles County, Minnesota

CERTIFICATION

STATE OF MINNESOTA ) (ss COUNTY OF NOBLES ) I, Tom Johnson, Administrator of said County of Nobles, do hereby certify that I have compared the foregoing copy with the original resolution adopted by the County Board on the _7th__day of __April___, 2019, and now remaining on file and of record in my office and that the same is a correct transcript and of the whole of such original.

Witness my hand and official seal this

day of ,

SEAL

Tom Johnson, County Administrator Nobles County, Minnesota

County Day Proclamation

Nobles County

WHEREAS, service to others is a hallmark of the American character, and central to how we

meet our challenges; and

WHEREAS, the nation’s Counties are increasingly turning to national service and volunteerism

as a cost‐effective strategy to meet their needs; and

WHEREAS, AmeriCorps and Senior Corps participants address the most pressing challenges

facing our communities, from educating students for the jobs of the 21st century, to fighting the

opioid epidemic, to responding to natural disasters, to supporting veterans and military

families; and

WHEREAS, AmeriCorps and Senior Corps participants serve in more than 50,000 locations

across the country, bolstering the civic, neighborhood, and faith‐based organizations that are so

vital to our economic and social well‐being; and

WHEREAS, approximately 14,000 Minnesota Senior Corps Volunteers provided more than 1.79

million hours of service in 2019. Nobles County was served by 441 Senior Corps RSVP

volunteers in 2019. The Senior Corps RSVP volunteers perform their volunteer service work

under the guidance of A.C.E. of SW Minnesota – Nobles County office. These volunteers

provide vital support to county residents and improve the quality of life in Nobles County, and

WHEREAS, as a County Commission, we work hard every day to make life better for our

constituents, and strengthening the spirit and commitment of the volunteers who serve our

county is just one of our many goals. We are grateful for the dedication and sacrifice of these

citizens who are helping make our great county stronger, safer, and healthier, and

WHEREAS, national service represents a unique public‐private partnership that invests in

community solutions and leverages non‐federal resources to strengthen community impact and

increase the return on taxpayer dollars; and

WHEREAS, the Corporation for National and Community Service shares a priority with local

leaders nationwide to engage citizens, improve lives, and strengthen communities; and is

joining with the National League of Cities, the National Association of Counties, Cities of

Service, and local leaders across the country for National Service Recognition Day on April 7,

2020.

THEREFORE, BE IT RESOLVED that we, the Nobles County Board of Commissioners, do

hereby proclaim April 7, 2020, as National Service Recognition Day, and encourage residents to

recognize the positive impact of national service in our community, to thank those who serve;

and to find ways to give back to their communities.

CERTIFICATION

STATE OF MINNESOTA ) (ss COUNTY OF NOBLES ) I, Tom Johnson, County Administrator of said County of Nobles, do hereby certify that I have compared the foregoing copy with the original resolution adopted by the County Board on the _7th__ day of __April__, 2020, and now remaining on file and of record in my office and that the same is a correct transcript and of the whole of such original.

Witness my hand and official seal this

day of ,

20__.

SEAL

Tom Johnson, County Administrator Nobles County, Minnesota

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

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

“Looking forward with purpose” TO: Board of Commissioners FROM: County Administration DATE: March 30, 2020 SUBJECT: Recruitment Update 1) Deputy Assessor (Assessor) Requested: 08/09/19 Board Approved: 01/08/19 Posted: 08/20/19 Closes: Open until filled, first review 11/15/19 Status: 2) Deputy Sheriff- 2/5 time (Sheriff) Requested: 02/26/19 Board Approved: 01/08/19 Posted: 03/01/19 Closes: Open until filled, first review 03/22/19 Status: 3) Public Health Nurse (Community Services) Requested: 04/08/19 Board Approved: 01/08/19 Posted: 01/22/20 Closes: Status: 4) Correctional Officer-2 (Sheriff) Requested: 11/04/19 Board Approved: 01/08/19 Posted: 01/09/20 Closes: 01/24/20 Status: Moved Dalton Slinger to FT and backgrounding

ADMINISTRATION INTEROFFICE

MEMORANDUM

5) Assistant County Attorney I (Attorney) Requested: 11/18/19 Board Approved: 01/08/19 Posted: 01/14/20 Closes: Open until filled, Status: 6) Law Clerk (Attorney) Requested: 02/18/20 Board Approved: 02/18/20 Posted: Closes: Status: 7) Mechanic (Public Works) Requested: 02/27/20 Board Approved: 01/07/20 Posted: 02/27/20 Closes: 03/20/20 Status: 8) Case Aide (Community Service) Requested: 03/02/20 Board Approved: 01/07/20 Posted: 03/03/20 Closes: 03/16/20 Status: 9) Deputy Auditor/Treasurer/Accounting (Auditor/Treasurer) Requested: 02/27/20 Board Approved: 01/07/20 Posted: 02/26/20 Closes: Status: 10) Property Appraiser I (Assessor) Requested: 03/06/20 Board Approved: 01/07/20 Posted: 03/16/20 Closes: Status: 11) Summer Workers - 4 (Public Works) Requested: 02/25/20 Board Approved: 01/07/20 Posted: 02/26/20 Closes: Open until filled, first review 03/13/20 Status:

12) Summer Assistant (Library) Requested: 03/02/20 Board Approved: 01/07/20 Posted: 03/10/20 Closes: Open until filled, first review 03/27/20 Status:

Heron Lake Watershed District (HLWD) Regular Meeting March 23, 2020

Pursuant to Minnesota Statutes §13D.021, subdivision 1, due to the COVID-19 pandemic, the HLWD meeting on March 23 will be held by teleconference. The number to call is (507) 779-7435 with the Conference ID 994594.

AGENDA

APPROVAL OF AGENDA 9:00 a.m.

ELECTION OF OFFICERS 9:01 a.m.

ACTION ITEMS 9:15 a.m. 1. Minutes: February 19 regular meeting 2. Environmental Systems Research Institute (ESRI) Conservation Program 3. Treasurer’s report and bill payment 4. 2020 Meeting Schedule 5. West Fork Des Moines River 1W1P Memorandum of Agreement 6. Minnesota Department of Agriculture Pesticide Monitoring 7. Schindler Pond bids

DRAINAGE MANAGEMENT AND FINANCE ISSUES – LOUIS SMITH 9:30 a.m. 1. Action: Direction to Move Forward

REPORTS HLWD Advisory Committee 11:30 a.m.

District Administrator 11:45 a.m. 1. Activity report 2. HLWD 50th Anniversary 3. Low interest loan approval

Watershed Technician 12:00 p.m. 1. Activity report 2. Permit applications 3. Cost-share approval

ADJOURN 12:15 p.m.

HLWD Board of Managers’ Working Agreement • Sessions start and end on time • Everyone participates; no one dominates • Listen respectfully, do not interrupt • Commit to attending and being on time • Seek common ground and action – not problems and conflict • After the meeting, accurately represent decisions to others • Put the purposes of the board ahead of my own needs and behavior

The mission of the HLWD is to protect and improve the water resources within its boundaries by supporting watershed residents through the use of education and financial programs.

HERON LAKE WATERSHED DISTRICT

Tentative 2020 Meeting Schedule

January 15 9:00 a.m. February 19 9:00 a.m. March 25 9:00 a.m. April 15 1:00 p.m. May 20 1:00 p.m. June 17 8:30 a.m. July 15 8:30 a.m. August 19 8:30 a.m. September 16 8:30 a.m. October 21 8:30 a.m. November 18 1:00 p.m. December 16 1:00 p.m.