March 5, 2013 Board Agenda Page 1 * Board Action Requested McLEOD COUNTY BOARD OF COMMISSIONERS PROPOSED MEETING AGENDA MARCH 5, 2013 1 9:00 CALL TO ORDER PLEDGE OF ALLEGIANCE INTRODUCTION OF NEW EMPLOYEES A. Cassandra Carrigan started employment with McLeod County on February 25, 2013 as a Veterans Service Officer in the Veterans Services Office. 2 9:03 CONSIDERATION OF AGENDA ITEMS * 3 9:08 CONSENT AGENDA * A. February 19, 2013 Meeting Minutes and Synopsis. B. February 15, 2013 Auditor's Warrants. C. February 22, 2013 Auditor's Warrants. D. Approve for the renewal of Consumption & Display Permit for Major Avenue Hunt Club Inc. (Glencoe, MN) from today through December 31, 2013. E. Approve renewal of Liquor, Wine, Club or 3.2% Licenses for Shadow Brooke Golf Course Inc. (Lester Prairie, MN) from March 15, 2013 through December 31, 2013. F. Approve Confession of Judgment for Donna E. Schwartz on Property ID 20.050.0900 in the City of Stewart. G. Consider agreement for road maintenance services with Winsted Township. This is a renewal of our standard agreements for various maintenance activities that we perform for various Townships. This new agreement continues indefinitely unless canceled by either party. H. Approve Conditional Use Permit 13-04 for David Duehn in order to construct an accessory structure greater than 2,400 square feet (60' X 180') on a parcel less than 10 acres in size to be utilized for cold storage. This property is located on 5.20 A C OF NE ¼ SE ¼, Section 36, Township 115-030 (Collins.) The Collins Township Board recommended approval at their February 14, 2013 meeting. The Planning Advisory Committee unanimously recommended approval at their meeting on February 27, 2013. There were no conditions. I. Consider Renewal of PowerFinder Software License Agreement from Infogroup Inc. (Papillion, NE) with a cost of $1,961 annual fee. This renewed agreement allows us to upgrade the PowerFinder software to the new version. It is used in the Law Enforcement Center for Dispatchers to lookup information. J. Approve tentative contract summary for MNPEA (Communication Officer/Correctional Officer Unit) for 2012 & 2013.
A. February 19, 2013 Meeting Minutes and Synopsis. B. February 15, 2013 Auditor's Warrants. C. February 22, 2013 Auditor's Warrants. D. Approve for the renewal of Consumption & Display Permit for Major Avenue Hunt
Club Inc. (Glencoe, MN) from today through December 31, 2013. E. Approve renewal of Liquor, Wine, Club or 3.2% Licenses for Shadow Brooke Golf
Course Inc. (Lester Prairie, MN) from March 15, 2013 through December 31, 2013.
F. Approve Confession of Judgment for Donna E. Schwartz on Property ID 20.050.0900 in the City of Stewart.
G. Consider agreement for road maintenance services with Winsted Township. This is a renewal of our standard agreements for various maintenance activities that we perform for various Townships. This new agreement continues indefinitely unless canceled by either party.
H. Approve Conditional Use Permit 13-04 for David Duehn in order to construct an accessory structure greater than 2,400 square feet (60' X 180') on a parcel less than 10 acres in size to be utilized for cold storage. This property is located on 5.20 A C OF NE ¼ SE ¼, Section 36, Township 115-030 (Collins.) The Collins Township Board recommended approval at their February 14, 2013 meeting. The Planning Advisory Committee unanimously recommended approval at their meeting on February 27, 2013. There were no conditions.
I. Consider Renewal of PowerFinder Software License Agreement from Infogroup Inc. (Papillion, NE) with a cost of $1,961 annual fee. This renewed agreement allows us to upgrade the PowerFinder software to the new version. It is used in the Law Enforcement Center for Dispatchers to lookup information.
J. Approve tentative contract summary for MNPEA (Communication Officer/Correctional Officer Unit) for 2012 & 2013.
4 PAYMENT OF BILLS - COMMISSIONER WARRANT LIST * 5 PAYMENT OF BILLS - ADDITIONAL MISCELLANEOUS BILLS TO BE PAID BY
AUDITORS WARRANTS * 6 9:10 PUBLIC HEALTH, SOCIAL SERVICES & SHERIFFS DEPARTMENT – Health Program Coordinator Jean Johnson, Social Worker Thea Klause and Sheriff Deputy Pat Geiken
A. Update on out of state travel to the national Community Anti-Drug Coalition of America (CADCA) conference in Washington, DC February 3rd thru February 7th.
A. Approve Application for Cancellation of Forfeiture for Lyle H. Jager property identification number R06.009.050.*
8 9:30 ENVIRONMENTAL SERVICES – Technician Mary Creech
A. Adopt Resolution 13-CB-06 and approve loan agreement No. SRF0269 to receive $350,000 in state septic loan money.* This loan is a continuation of a previous loan. No new geo note will be needed. This money is part of the Minnesota clean water partnership project through the CROW Organization. McLeod County has a need for this money to help homeowners with low interest loan money to upgrade their failing septic systems in the Crow River Watershed.
B. Adopt Resolution 13-CB-07 for MN clean water partnership (CWP) funds for low interest loan money in the High Island Creek Watershed.* McLeod County has a need for this money to help homeowners with low interest loan money to upgrade their failing septic systems in the High Island Creek Watershed. McLeod County has not had any money available in this water shed in the last couple years.
9 9:35 SHERIFF’S DEPARTMENT – Chief Deputy Sheriff Tim Langenfeld and Emergency Services Director Kevin Mathews
A. Consider approval to enter into a contract with the City of Brownton to lease one
mobile computer. Computer will be purchased from Compar (Minnetonka, MN) for $4,899.15 and approximate air card costs of $400.00 per year. This is a state contract quote.* Lease will last for 4 years and will cover all costs associated with the purchase of the mobile computer and the air card costs. At the end of the lease, the City of Brownton will be able to purchase the computer for $1. This will allow the BPD to utilize the mobile computing system that is used county wide.
B. Consider approval to purchase the Code Red web based mass notification system (Ormond Beach, FL) for a 2013 base package cost is $10,679.80 and the
Code Red Weather Warning (optional) will cost $2,190.96 for the first year (2013 total = $12,870.76). This amount will be paid through the emergency management capital outlay budget.*
10 9:55 INFORMATION TECHNOLOGY – Director Vince Traver
A. Consider approval of an upgrade of the software on the existing Exinda network appliance from SHI, Somerset, NJ, (State Contract), quotation # 6177851 for $7,301 plus applicable tax with funding from IT 2013 budget.* The current software only allows us to manage 45 Mbps of network traffic but we have a 100 Mbps connection. The new software will allow us to take advantage of our full bandwidth.
11 10:00 HEARTLAND COMMUNITY ACTION AGENCY – Amy Berry
A. Adopt Resolution 13-CB-08 Region 6E Family Homeless Prevention and Assistance Program.* The purpose of the program is to encourage local service providers of crisis funds for households to work together to improve coordination of their services.
12 10:05 CENTRAL SERVICES – Coordinator Betty Werth
A. Consider approval to purchase two 2013 Ford Escape SE, utilizing Minnesota State Contract number 35458, from Midway Ford (Roseville, MN) with total costs for each vehicle and delivery not to exceed $22,000.00, plus tax and license fees which is in the 2013 budget.* The budgeted vehicles will be placed into the employee motor pool at the Courthouse. Vehicles will be relocated from their existing locations dependent on past usage and current mileage.
13 COUNTY ADMINISTRATION
Review of Commissioners Calendar Commissioner reports of committee meetings attended since February 19, 2013.
A. Consider approval of the new and improved Acceptable Usage Computer
Policy.* B. 42nd Annual Washington Fly-In, Washington DC June 4-6.
OTHER Open Forum Press Relations RECESS Next board meeting March 19, 2013 at 9:00 a.m. in the County Boardroom.
February 19, 2013 County Board Meeting
McLEOD COUNTY
BOARD OF COMMISSIONERS PROPOSED MEETING MINUTES – February 19, 2013
CALL TO ORDER The regular meeting of the McLeod County Board of Commissioners was called to order at 9:00 a.m. by Chair Paul Wright in the County Board Room. Commissioners Nies, Shimanski, Christensen and Terlinden were present. County Administrator Patrick Melvin, Administrative Assistant, Donna Rickeman and County Auditor-Treasurer Cindy Schultz were also present. PLEDGE OF ALLEGIANCE At the request of the Board Chair, all present recited the Pledge of Allegiance. CONSIDERATION OF AGENDA ITEMS
A) Add under Administration item D; Consider approving Resolution in support of Buffalo Highlands Trail.
Nies/Terlinden motion carried unanimously to approve the agenda as revised. CONSENT AGENDA
A) February 5, 2013 Meeting Minutes and Synopsis. B) February 1, 2013 Auditor's Warrants. C) February 8, 2013 Auditor's Warrants. D) Approve Confession of Judgment for Jon H. Quade on Property ID 23.056.0280
and 23.056.0290 in the City of Hutchinson. E) Sign consulting agreement with Burns & McDonnell for Solid Waste consulting
services to research processing upgrade options for County Recycling Facility which was approved at the January 22nd County Board Meeting.
F) Consider Renewal of Maintenance Agreement for Zix Email Encryption with ZixCorp. This is a three year agreement paid for from the IT Budget annually. This agreement allows us to continue running and getting support of our Email encryption appliance. The appliance ensures that confidential emails sent outside of McLeod County are encrypted and also ensures that they are received by the person intended.
Nies/Shimanski motion carried unanimously to approve the consent agenda including clarification on February 5, 2013 Meeting Minutes for Conditional Use Permit 13-03 for Craig Reiner, crushing during winter months only was a discussion point during the meeting but was not a condition added to the Conditional Use Permit.
February 19, 2013 County Board Meeting
PAYMENT OF BILLS – COMMISSIONER WARRANT LIST
General Revenue $71,989.01 Road & Bridge $29,256.77 Solid Waste $48,399.02 Special Revenue Fund $40.00
Terlinden/Shimanski motion carried unanimously to approve payment of bills totaling $149,684.80 from the aforementioned funds. ROAD AND BRIDGE – Highway Mechanic Brian Schrupp
A) Brian Schrupp requested approval of out of state travel authorization for John Brunkhorst and Ron Metag to attend American Traffic Safety Services Association’s (ATSSA) “How-To” Training and Education Workshop in Fargo, ND March 19-20, 2013. This workshop is focused around traffic safety and signing. Early bird workshop registration fee is $120. Hotel is $109/night plus tax/fees.
Terlinden/Christensen motion carried unanimously to approve out of state travel authorization for John Brunkhorst and Ron Metag to attend American Traffic Safety Services Association’s (ATSSA) “How-To” Training and Education Workshop in Fargo, ND March 19-20, 2013 at a cost of $240 registration fee and $218/night plus tax/fees for hotel.
B) Brian Schrupp requested approval to purchase a T550 Compact Track Loader from Farm-Rite Equipment (Dassel, MN) for $45,267.27 including tax (State Contract Pricing) with funding coming from the 2013 capital budget. This loader will replace a 1990 skid steer with 3,000 hours and will be used for cleaning ditches and snow removal.
Nies/Shimanski motion carried unanimously to approve the purchase a T550 Compact Track Loader from Farm-Rite Equipment (Dassel, MN) for $45,267.27 including tax (State Contract Pricing) with funding coming from the 2013 capital budget.
C) Brian Schrupp requested approval to sell the 1990 New Holland skid steer loader by sealed bid or auction with minimum bid/starting price of $9,187. The Highway Department believes they can get more selling the old skid steer loader by bid or auction instead of trading it in.
February 19, 2013 County Board Meeting
Terlinden/Shimanski motion carried unanimously to approve the sale of the 1990 New Holland skid steer loader by sealed bid or auction with minimum bid/starting price of $9,187. SHERIFF’S DEPARTMENT – Sheriff Scott Rehmann and Emergency Services Director Kevin Mathews
A) Kevin Mathews requested adoption of Resolution 13-CB-04 and commitment of funds of a minimum of $10,000 authorizing participation in planning process and execution of sub-grant agreement for the McLeod County All Hazard Mitigation Plan project. The $10,000 consists of employee time to attend meetings etc. not actual dollars. These funds include a soft/in kind match of a minimum of $10,000.00. The Mid-Minnesota Development Commission will be working with McLeod County Emergency Management on the updating of this plan. This is necessary for the 5 year update on the McLeod County All Hazard Mitigation Plan. Our current hazard mitigation plan expires February 17, 2014.
Nies/Terlinden motion carried unanimously to adopt Resolution 13-CB-04 and commitment of funds of a minimum of $10,000 authorizing participation in planning process and execution of sub-grant agreement for the McLeod County All Hazard Mitigation Plan project. The $10,000 consists of employee time to attend meetings etc. rather than actual dollars.
B) Scott Rehmann requested approval to enter into a contract with the City of Lester Prairie to lease one mobile computer. Computer will be purchased from Compar (Minnetonka, MN) for $4,899.15. This is a state contract quote.* Lease will last for 4 years and will cover the cost of the computer and air card/cell service. Lease is for $1,624.79 per year and a total price of $6,499.16. At the end of the lease, the City of Lester Prairie will be able to purchase the computer for $1. This will replace an existing computer and lease agreement. This will also allow the LPPD to continue to use/access the Sheriff’s Office mobile computing and Records Management System.
Shimanski/Terlinden motion carried unanimously to approve entering a contract with the City of Lester Prairie to lease one mobile computer. Computer will be purchased from Compar (Minnetonka, MN) for a total of $4,899.15.
C) Scott Rehmann requested approval to enter into a contract with the City of Winsted to lease two mobile computers. Computers will be purchased from Compar (Minnetonka, MN) for $4,899.15 each for a total of $9,798.30. This is a state contract quote.*. Leases will last for 4 years and will cover the cost of the computer and air card/cell service. Lease is for $1,624.79 per year per computer and a total price of $6,499.16 per computer. At the end of the lease, the City of Winsted will be able to purchase the
February 19, 2013 County Board Meeting
computers for $1 each. This will replace an existing computer and lease agreement as well as add one additional computer and lease agreement. This will also allow the WPD to continue to use/access the Sheriff’s Office mobile computing and Records Management System.
Shimanski/Christensen motion carried unanimously to entering a contract with the City of Winsted to lease two mobile computers. Computers will be purchased from Compar (Minnetonka, MN) for $4,899.15 each for a total of $9,798.30. PUBLIC HEALTH – Agency Coordinator Kathy Nowak
A) Kathy Nowak requested approval of the agreement between Supporting Hands Nurse Family Partnership and McLeod County to provide fiscal host services. The Auditor/Treasurers Office will be reimbursed at $5000/year and McLeod County Public Health will be reimbursed for $2000/year.
Shimanski/Christensen motion carried unanimously to approve the agreement between Supporting Hands Nurse Family Partnership and McLeod County to provide fiscal host services. The Auditor/Treasurers Office will be reimbursed at $5000/year and McLeod County Public Health will be reimbursed for $2000/year. JAIL – Administrator Kate Jones
A) Kate Jones requested approval to purchase a 2013 Dodge Grand Caravan from Burnsville Dodge (Burnsville, MN) for a cost of $21,553.00 State Bid Contract #35446 plus a front safety barrier purchased and installed for an approximate price of $800.00 for a total of $22,353. This Caravan will replace a 2006 Pontiac Montana.
Nies/Terlinden motion carried unanimously to approve the purchase a 2013 Dodge Grand Caravan from Burnsville Dodge (Burnsville, MN) for a cost of $21,553.00 State Bid Contract #35446 plus a front safety barrier purchased and installed for an approximate price of $800.00 for a total of $22,353.
B) Kate Jones requested approval of out of state travel authorization to attend the American Jail Association conference in Grand Rapids, MI May 4-9, 2013. This workshop is focused on administrative training and a 2 day Prison Rape Elimination Act (PREA) workshop that precedes the regular conference agenda. MN has good resource material but no formal training in this area and jails are expected to be in compliance with these standards by August. Registration fee is $225 and hotel is $165/night plus tax/fees. Other fees include meal allowance and fuel cost for a total of $1,350.
February 19, 2013 County Board Meeting
Terlinden/Shimanski to approve out of state travel authorization to attend the American Jail Association conference in Grand Rapids, MI May 4-9, 2013 at a cost of $225 registration fee and $165/night plus tax/fees for hotel and other fees including meal allowance and fuel cost for a total cost of $1,350.
C) Kate Jones gave an overview of the new video visitation option and the Jail Treatment Program which will both be coming to the jail in March. The new video visitation option will be through the jails secure phone system provider and will provide Skype sessions between inmates and their families, rather than in jail visits. The jail will scheduled the video visits, just as it does personal visits, and the video visits will be monitored. Families will be charged $1 a minute for the visits, but the video system could save them transportation and other costs. The inpatient program will not cost the jail anything, and should save Social Services money, because Social Services will not have to find another facility to offer treatment. The program will be run Recovery Resources in Winsted, and consist of three phases – a 28-day in-custody program and two out-of-custody of five and three months, respectively. Recovery Resources will provide two counselors, and the program will run Monday through Friday, eight hours a day, for the 28-day program. It will be conducted in the jail’s secure holding area.
ASSESSORS OFFICE – Assessor Sue Schulz
A) Sue Schulz requested approval to extend and change the current contract with Xerox to include new Tax and Computer Aided Mass Appraisal (CAMA) system for a total cost of $269,513 with funding coming from the Recorders Compliance Fund. Total cost for the new Tax and Computer Aided Mass Appraisal (CAMA) system is pro-rated based on parcel counts, tax capacity dollars and population. This new contract will replace the old and extend it till 2020 while also providing the county with a new PC based system for both Tax and CAMA.
Shimanski/Terlinden motion carried unanimously to extend and change the current contract with Xerox to include new Tax and Computer Aided Mass Appraisal (CAMA) system for a total cost of $269,513 with funding coming from the Recorders Compliance Fund. CENTRAL SERVICES – Coordinator Betty Werth
A) Betty Werth requested approval to purchase an IS-480 Digital Mailing System from Deaton’s Mailing Systems, Inc. (St. Cloud, MN) for the Courthouse and
February 19, 2013 County Board Meeting
Health and Human Services each at a cost of $8,114 plus tax which includes a trade-in value of $700 on current machines and IS-460 Digital Mailing System for the North Complex at a cost of $6,597 plus tax which includes a trade-in value of $600 on their current machine. Pricing is based on contracted pricing from the Western States Contracting Alliance. Funding for the Courthouse and North Complex mailing system is coming from the Central Services 2013 budget. Funding for the mailing system at Health & Human Services is coming 75% from the Social Services 2013 budget and 25% from the Public Health 2013 budget. These purchases will save money on postage by taking advantage of USPS “Commercial Base Pricing”, maintenance agreements, meter rental and rate change protection. North Complex machine no longer has ability to add postage nor update postage rate increases.
Nies/Shimanski motion carried unanimously to the purchase an IS-480 Digital Mailing System from Deaton’s Mailing Systems, Inc. (St. Cloud, MN) for the Courthouse and Health and Human Services each at a cost of $8,114 plus tax which includes a trade-in value of $700 on current machines and IS-460 Digital Mailing System for the North Complex at a cost of $6,597 plus tax which includes a trade-in value of $600 on their current machine. Funding for the Courthouse and North Complex mailing system is coming from the Central Services 2013 budget. Funding for the mailing system at Health & Human Services is coming 75% from the Social Services 2013 budget and 25% from the Public Health 2013 budget. PARKS – Director Al Koglin
A) Al Koglin presented the below proposed 2013 Fairgrounds facility rates to be implemented on 4/1/2013.
Facility Name Current Fee Proposed Fee
Commercial Building $550.00 $575.00
Ag Building $250.00 $260.00
Country Diner $60.00 $75.00
Meeting Room $60.00 $65.00
4H Café $60.00 $65.00
Pavilion $150.00 $155.00
Indoor Arena $175.00 $180.00
Outdoor Arena $100.00 $105.00
February 19, 2013 County Board Meeting
Archery/Pavilion $150.00 $155.00
Horticulture $200.00 $180.00
West ½ 4H $200.00 $180.00
Open Barns $175.00 $175.00
Grand Stand $2,200.00 $1,500.00
Storage (per foot) $9.00 $9.00
Table Rental $5.00 $6.00
Nies/Christensen motion carried unanimously to approve the proposed 2013 Fairgrounds facility rates as presented to be implemented on 4/1/2013. COUNTY ADMINISTRATION
A) Consider February 12, 2013 Staffing Request Recommendations.
1. Discuss Highway Technician and Assistant Engineer positions.
Recommendations: A: Hire full-time Maintenance III (grade 16). This is a new position. B: Hire full-time GIS Specialist. This is to fill a vacancy due to a resignation of the GIS Technician. 2. Discussion concerning hiring an additional Transportation and Quality Control
Coordinator and a temp Household Hazardous Waste Technician at Solid Waste.
Recommendations: A: Hire full-time Transportation and Quality Control Coordinator (grade 12). This is a new position. B: Work with temp agency to hire a Household Hazardous Waste Technician. This position will be reviewed 2 months after incumbent is hired. 3. Discussion concerning remodel of Scanning Room – lower level of
Courthouse.
No recommendation. 4. Consider contracting with Avtex for a block of 80 hours to upgrade SQL at a
cost of $12,000 with funding coming from the 2013 Information Technology Budget.
Recommendation: Approve contract with Avtex for a block of 80 hours for migration of SQL 2005 server to new server environment.
February 19, 2013 County Board Meeting
5. Discussion concerning part-time deputies.
Recommendation: Adjust salary of part-time deputy that is below that of the others to $19.46 per hour. 6. Discussion concerning Social Services positions.
Recommendations: A: Hire full-time Eligibility Worker (grade 15) due to retirement and leave. B: Hire full-time Account Technician (grade 11) due to retirement. C: Act as hiring authority for Tri-Star Assertive Community Treatment Team to hire 2 full-time Social Workers (grade 22). We will be part of this as long as the funding is guaranteed.
Wright/Shimanski motion carried unanimously to approve the February 12, 2013 Staffing Request Committee Recommendations as outlined above.
B) Pat Melvin requested approval to the following changes to the committee
appointments:
Add Ron Shimanski as Ditch Inspector Add Paul Merkins to Planning Advisory Committee & remove Herman
Miller Add Jon Christensen to Public Health Nursing Advisory Board & remove
Ron Shimanski Add Paul Merkins to Subsurface Sewage Treatment Systems& remove
Herman Miller Add Kermit Terlinden to Budget Committee and remove Jon Christensen Add Ron Shimanski to Trailblazer Joint Powers Board and remove Jon
Christensen Add Wellness Committee which consists of: Paul Wright, Pat Melvin, Kerry
Ward, Darla Schwendemann, Judy Petersen, Kate Jones, Sarah Young, Kristin Bates, Kathy Strobel & Lynn Ette Schrupp
Nies/Christensen motion carried unanimously to approve the Committee appointment changes listed above.
C) Pat Melvin notified the Board of the 2013 Local Government Legislative
Conference, March 20-21 at 7:30 am in St Paul. D) Pat Melvin gave an update on the 1st McLeod for Tomorrow Winterfest that was
held on February 2nd at the Fairgrounds. The event was a success with about 175 people in attendance that participated in a variety of outside activities including: dog sled rides, fat tire bike riding, ice skating, sledding and a medallion hunt following the event. Pat shared his appreciation with everyone who volunteered their time that day and also to the local businesses that donated gift
February 19, 2013 County Board Meeting
certificates including; McCormicks, Lamplighter II, Hutch Café, City of Hutchinson, Medallion Kitchens and Buffalo Wild Wings.
E) Pat Melvin requested approval to adopt a resolution and approve McLeod County to act as the fiscal agent for the Buffalo Highlands Trail. McLeod County will not be committing fund rather will support the City of Glencoe obtaining funding.
Nies/Terlinden motion carried unanimously to adopt a resolution and approve McLeod County to act as the fiscal agent for the Buffalo Highlands Trail. McLeod County will not be committing funds rather will support the City of Glencoe obtaining funding.
Nies/Terlinden motion carried unanimously to adjourn at 10:58 a.m. until 9:00 a.m. March 5, 2013 in the County Boardroom. ATTEST: _____________________________ ___________________________________ Paul Wright, Board Chair Patrick Melvin, County Administrator
McLEOD COUNTY
BOARD OF COMMISSIONERS SYNOPSIS – February 19, 2013
1. Commissioners Wright, Nies, Terlinden, Shimanski and Christensen were
present. 2. Nies/Terlinden motion carried unanimously to approve the agenda with the
following item added; under Administration item D; Consider approving Resolution in support of Buffalo Highlands Trail.
3. Nies/Shimanski motion approved the consent agenda including February 5, 2013 Meeting Minutes and Synopsis; February 1, 2013 Auditor's Warrants; February 8, 2013 Auditor's Warrants; Approve Confession of Judgment for Jon H. Quade on Property ID 23.056.0280 and 23.056.0290 in the City of Hutchinson; Sign consulting agreement with Burns & McDonnell for Solid Waste consulting services to research processing upgrade options for County Recycling Facility which was approved at the January 22nd County Board Meeting; Consider Renewal of Maintenance Agreement for Zix Email Encryption with ZixCorp. This is a three year agreement paid for from the IT Budget annually. This agreement allows us to continue running and getting support of our Email encryption appliance and clarification on February 5, 2013 Meeting Minutes for Conditional Use Permit 13-03 for Craig Reiner, crushing during winter months only was a discussion point during the meeting but was not a condition added to the Conditional Use Permit.
4. Nies/Christensen motion approved payment of bills totaling $149,684.80 from the following funds: General Revenue $71,989.01; Road & Bridge $29,256.77; Solid Waste $48,399.02; and Special Revenue Fund $40.00
5. Terlinden/Christensen motion carried unanimously to approve out of state travel authorization for John Brunkhorst and Ron Metag to attend American Traffic Safety Services Association’s (ATSSA) “How-To” Training and Education Workshop in Fargo, ND March 19-20, 2013 at a cost of $240 registration fee and $218/night plus tax/fees for hotel.
6. Nies/Shimanski motion carried unanimously to approve the purchase a T550 Compact Track Loader from Farm-Rite Equipment (Dassel, MN) for $45,267.27 including tax (State Contract Pricing) with funding coming from the 2013 capital budget.
7. Terlinden/Shimanski motion carried unanimously to approve the sale of the 1990 New Holland skid steer loader by sealed bid or auction with minimum bid/starting price of $9,187.
8. Nies/Terlinden motion carried unanimously to adopt Resolution 13-CB-04 and commitment of funds of a minimum of $10,000 authorizing participation in planning process and execution of sub-grant agreement for the McLeod County All Hazard Mitigation Plan project. The $10,000 consists of employee time to attend meetings etc. rather than actual dollars.
9. Shimanski/Terlinden motion carried unanimously to approve entering a contract with the City of Lester Prairie to lease one mobile computer. Computer will be purchased from Compar (Minnetonka, MN) for a total of $4,899.15.
10. Shimanski/Christensen motion carried unanimously to entering a contract with the City of Winsted to lease two mobile computers. Computers will be purchased from Compar (Minnetonka, MN) for $4,899.15 each for a total of $9,798.30.
11. Shimanski/Christensen motion carried unanimously to approve the agreement between Supporting Hands Nurse Family Partnership and McLeod County to provide fiscal host services. The Auditor/Treasurers Office will be reimbursed at $5000/year and McLeod County Public Health will be reimbursed for $2000/year.
12. Nies/Terlinden motion carried unanimously to approve the purchase a 2013 Dodge Grand Caravan from Burnsville Dodge (Burnsville, MN) for a cost of $21,553.00 State Bid Contract #35446 plus a front safety barrier purchased and installed for an approximate price of $800.00 for a total of $22,353.
13. Terlinden/Shimanski to approve out of state travel authorization to attend the American Jail Association conference in Grand Rapids, MI May 4-9, 2013 at a cost of $225 registration fee and $165/night plus tax/fees for hotel and other fees including meal allowance and fuel cost for a total cost of $1,350.
14. Shimanski/Terlinden motion carried unanimously to extend and change the current contract with Xerox to include new Tax and Computer Aided Mass Appraisal (CAMA) system for a total cost of $269,513 with funding coming from the Recorders Compliance Fund.
15. Nies/Shimanski motion carried unanimously to the purchase an IS-480 Digital Mailing System from Deaton’s Mailing Systems, Inc. (St. Cloud, MN) for the Courthouse and Health and Human Services each at a cost of $8,114 plus tax which includes a trade-in value of $700 on current machines and IS-460 Digital Mailing System for the North Complex at a cost of $6,597 plus tax which includes a trade-in value of $600 on their current machine. Funding for the Courthouse and North Complex mailing system is coming from the Central Services 2013 budget. Funding for the mailing system at Health & Human Services is coming 75% from the Social Services 2013 budget and 25% from the Public Health 2013 budget.
16. Nies/Christensen motion carried unanimously to approve the proposed 2013 Fairgrounds facility rates as presented to be implemented on 4/1/2013.
17. Wright/Shimanski motion carried unanimously to approve the February 12, 2013 Staffing Request Committee Recommendations as outlined above.
18. Nies/Christensen motion carried unanimously to approve the Committee appointment changes listed above.
19. Nies/Terlinden motion carried unanimously to adopt a resolution and approve McLeod County to act as the fiscal agent for the Buffalo Highlands Trail. McLeod County will not be committing funds rather will support the City of Glencoe obtaining funding.
Complete minutes are on file in the County Administrator’s Office. The meeting adjourned at 10:58 a.m. until March 5, 2013.
Attest: Paul Wright, Board Chair Patrick Melvin, County Administrator
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108.201
93.222
22.0550
551.3051
131.553
12.204
71.645
69.426
65.537
99.318
AUDITOR'S VOUCHERS ENTRIESPage 2
Audit List for Board
Account/Formula Description Rpt Invoice #Warrant DescriptionVendor NamePaid On Bhf #Accr Amount On Behalf of NameNo. Service Dates
3 County WideDEPT
1280
01-003-000-0000-6810 SHARE MULTIPLE CO MRT Refunds And Reimbursements
Transactions1280
1279
01-003-000-0000-6810 SHARE MULTIPLE CO MRT Refunds And Reimbursements
Transactions1279
HUTCHINSON UTILITIES COMMISSION540
01-003-000-0000-6253 ELECTRIC 440 GROVE ST HUTCH 00091045069498 Electricity
01-003-000-0000-6255 GAS 440 GROVE ST HUTCH 00091045069498 Natural Gas
HUTCHINSON UTILITIES COMMISSION Transactions540
1278
01-003-000-0000-6810 SHARE MULTIPLE CO MRT Refunds And Reimbursements
Transactions1278
1276
01-003-000-0000-6810 SHARE MULTIPLE CO MRT Refunds And Reimbursements
Transactions1276
1274
01-003-000-0000-6810 SHARE MULTIPLE CO MRT Refunds And Reimbursements
Transactions1274
1273
01-003-000-0000-6810 SHARE MULTIPLE CO MRT Refunds And Reimbursements
Transactions1273
NOBLES COUNTY AUDITOR TREASURER1272
01-003-000-0000-6810 SHARE MULTIPLE CO MRT Refunds And Reimbursements
NOBLES COUNTY AUDITOR TREASURER Transactions1272
1270
01-003-000-0000-6810 SHARE MULTIPLE CO MRT Refunds And Reimbursements
Transactions1270
4770
********* McLeod County IFS *********
SCHWENDEMA
General Revenue Fund1
Account/Formula
RENVILLE COUNTY AUDITOR TREASURER
Copyright 2010 Integrated Financial Systems
2:25PM2/15/13
30.75 1
1,255.17
30.759
AUDITOR'S VOUCHERS ENTRIESPage 3
Audit List for Board
Account/Formula Description Rpt Invoice #Warrant DescriptionVendor NamePaid On Bhf #Accr Amount On Behalf of NameNo. Service Dates
01-003-000-0000-6810 SHARE MULTIPLE CO MRT Refunds And Reimbursements
Transactions4770
3 County Wide 10 Vendors 11 TransactionsDEPT Total:
********* McLeod County IFS *********
SCHWENDEMA
General Revenue Fund1
Account/Formula
Copyright 2010 Integrated Financial Systems
2:25PM2/15/13
1.00 1
2,733.22 2
2,734.22
1.00100
40.023401/03/2012 02/02/2013
2,693.2042
AUDITOR'S VOUCHERS ENTRIESPage 4
Audit List for Board
Account/Formula Description Rpt Invoice #Warrant DescriptionVendor NamePaid On Bhf #Accr Amount On Behalf of NameNo. Service Dates
5 Board of County CommissionersDEPT
COMMISSIONER OF REVENUE651
01-005-000-0000-6402 JANUARY 2013 USE TAX Office Supplies
COMMISSIONER OF REVENUE Transactions651
VERIZON WIRELESS6412
01-005-000-0000-6203 I PAD USE 58374345200001 Communications
01-005-000-0000-6612 I PADS COMMISSIONERS 58374345200001 Capital - $100-$5,000 (Inventory)
VERIZON WIRELESS Transactions6412
5 Board of County Commissioners 2 Vendors 3 TransactionsDEPT Total:
********* McLeod County IFS *********
SCHWENDEMA
General Revenue Fund1
Account/Formula
GAVIN OLSON WINTERS TWISS THIEMANN LONG
GAVIN OLSON WINTERS TWISS THIEMANN LONG
Copyright 2010 Integrated Financial Systems
2:25PM2/15/13
446.25 5
360.00 7
806.25
37.5078
30.0076
30.0075
202.5074
146.2577
15.0087
75.0088
67.5089
30.0091
112.5090
30.0086
30.0085
AUDITOR'S VOUCHERS ENTRIESPage 5
Audit List for Board
Account/Formula Description Rpt Invoice #Warrant DescriptionVendor NamePaid On Bhf #Accr Amount On Behalf of NameNo. Service Dates
Total 12,997.86 Interest Figured Through 02/28/2013
do hereby offer to confess judgment under M.S. 279.37 in the sum of $12,997.86 and waive all irregularities in the tax proceedings affecting such taxes and any defense or objections which I may have thereto, and direct judgment to be entered for the amount hereby confessed less the sum of $1,299.79 hereby tendered, being one-tenth of the amount of said delinquent taxes, penalties, interest, and costs.
I agree to pay the balance of such judgment in nine equal annual installments, with interest at the rate provided in M.S. 279.03 (2013 equals 10%) and payable annually on the installments remaining unpaid. Each annual installment is to be paid on or before December 31 of each year following the year in which this judgment is confessed.
I also agree to pay current taxes on said parcel each year before they become delinquent or within thirty days after final judgment in proceedings to contest such taxes under M.S. 278.01 to 278.13, inclusive.
Owner Signature
Address: / A Vc> - / O ^ 5
Telephone No.: o ~ S ? 3 - °/ 7lcl
Date 2 - ^ - 13.
CERTIFICATE OF COUNTY AUDITOR
I hereby certify that the foregoing confession of judgment contains a true and correct statement of the delinquent taxes, penalties, interest, and costs against the parcel of real property therein described.
Date •
_ i _ . r - \ _ i i j _ _ A Cindy Schuitz^ McLeod County Auditor
(Seal)
TAX JUDGMENT UNDER CONFESSION OF JUDGMENT
Pursuant to the terms ofthe foregoing confession of judgment, tax judgment is hereby entered for the sum of
$
Date Karen Messner Court Administrator 1st Judicial District
(Seal)
CERTIFICATE OF DISTRICT COURT ADMINISTRATOR
I hereby certify that the foregoing is a true and correct copy ofthe original tax judgment on file in my office.
Date Karen Messner Court Administrator 1st Judicial District
(Seal)
STAFF REPORT
TO:
Prepared By:
Date:
Permit: CUP #13-04
McLeod County Planning Commission
Larry Gasow
February 13, 2013
Meeting Date: February 27, 2013
Applicant:
Requested Action:
Puipose:
Existing Zoning:
Location:
Size:
Existing Land Use:
Surrounding Land Use & Zoning:
GENERAL INFORMATION
David Duehn 19103 Hwy 212 Brownton, M N 55312 320/583-5895
PID 03.036.0900
Make application for a conditional use pennit to construct an accessory structure greater than 2,400 sq. ft. on a parcel less than 10 acres in size within the Agricultural District.
To construct a proposed machine shed approximately 60' x 180' (10,800 sq. ft.) and will be used as cold storage for shedding his farm equipment. This 5.20 acre building site is being used as a faimstead which also adjacent to PID 03.036.0850 and 3.62 acres in size, for a total of 9.12 acres for a building site.
Agricultural.
5.20 acre tract within the NE !4 of SE % of Section 36, Collins Township.
60 'x 180' (10,800 sq.ft.)
Farmsite on a residential building site, fannland is rental.
1 s t Hwy 212 Existing building site surrounded by agricultural uses.
ANALYSIS
The Collins Town Board has not made a recommendation as of this mailing. A l l the minimum setback distance requirements will be met. The proposed use of this structure will be for the storage of farm equipment, there will be no water or restrooms. The shed will replace two smaller unusable sheds that will be removed. The shed will be within the rear yard and without setback issues. The shed will not create a visual nuisance for neighboring properties or traffic.
Staff has no objections or concerns regarding this proposed shed or use of shed. It will blend into the area as an agricultural structure. Although setbacks are not an issue, the two parcels should be joined as one so that the interior property line can go away, currently there is an existing structure on the property line.
RECOMMENDATIONS
Duehn, David, CUP13-04
Disclaimer: McLeod County does not warrant or guarantee the accuracy of the data. The data is meant for reference purposes only and should not be used for official decisions. If you have questions regarding the data presented in this map, please contact the McLeod County GIS Department. This information is to be used for reference purposes only.
printing W J V I C G S . i nc A commercial & quick printing A office supplies & furniture A high speed copies A advertising specialties A large format digital printing
belmond, iowa 50421 524 river ave. north, p.o. box 263
641-444-3955 • 800-477-9260
fax 641-444-5100 ,
k ft. dodge, iowa 50501 2930 8th ave. s.
515-573-1710 * 888-366-6488 fax 515-573-1717
» mason city, iowa 50401 1915 4th st. sw
641-424-3538*800-317-3538 fax 641-421-0481
A webster city, iowa 50595 633 2nd st.
515-832-1744* 800-728-1744 fax 515-832-2118
T -115-N C O L L I N S D I R E C T O R Y R-30-W
LYNN TWP. ULM AVE TAGUS AVE
I Scott Stretch 12986
S.Thun-I Strom 12294
Chad Dahlman 12947
Gale Schlueter 12171 •
. Randy • Wagner 11701
Grant Hatten 24463
O.Stein-' bach
• 24511
I James Steinbach 10768
Lind.S 11742 Klitzke, Larry 11656 Becker, Harvey 11318 Rischmiller, Dan 11287 Maiers, B 11286
7 Mickolichek, John
19109
8 Mrkvicka, Jim 19113
9 smith, S 19139
10 Lipke, David 19153
11 19179
sicjiotna 1 Heimkes, Virgil 19282
ROUND GROVE TWP
Wacker, Milo 19086 Skolberg, Ray 19052 Hanjani, Ali 19083
This License Agreement (the “Agreement”) is entered into on the Effective Date between the following parties:
“Client” “Infogroup” Full Company Name Mcleod County Sheriff's Dept. Infogroup Inc. and its affiliates Principal Place of Business (address/city/state/zip)
801 10th Street East Glencoe, MN 55336
1020 East 1st Street Papillion, NE 68046
Main Business (billing) Telephone Number
(320) 864-1491 402-593-4500
Main Contact Name Vincent Traver Bob Zielinski Main Contact Phone Number (320) 864-1204 800-808-1113 Main Contact Email Address [email protected][email protected] Technical Contact Name Same as Main Contact Technical Contact Email Address Same as Main Contact Contact for Notice Mcleod County Sheriff's Dept. Corporate Counsel Address for Notice (address/city/state/zip)
801 10th Street East Glencoe, MN 55336
1020 East 1st Street Papillion, NE 68046
Fax Number for Notice 402-836-7640 Infogroup provides access to its database(s) through its reference website and research products. The data accessed via the reference website and research products shall be considered “Licensed Data” hereunder. The Licensed Data, reference website and research products are collectively the “Products”. Client desires that Infogroup provide Client with access to the Products as set forth herein, on the terms and conditions described in this Agreement. Infogroup and Client agree as follows: 1. Term: The term of this Agreement shall begin on the Effective Date and shall extend for one (1) year (the “Initial Term”), unless extended or earlier terminated in accordance with the Agreement. This Agreement shall automatically extend for additional periods of one (1) year each (a “Renewal Term”) following the conclusion of the Initial Term and each Renewal Term, if any, thereafter, unless terminated prior to such extension. If either party does not want the Agreement to automatically extend at the conclusion of a term, then such party shall give the other party written notice to that effect not less than thirty (30) days before the expiration of the existing term. 2. License and Use of the Products: Infogroup grants Client a limited, non-exclusive, non-transferable license to use the Products for research and reference purposes in accordance with all applicable federal, state and local laws, statutes, rules, regulations and ordinances (“Laws”). Client and any users who are authorized under the terms of this Agreement (“Users”) are expressly prohibited from (i) sublicensing or reselling the Products; (ii) using or allowing third parties to use the Products for the purpose of compiling, enhancing, verifying, supplementing, adding to or deleting from any mailing list, geographic or trade directories, business directories, classified directories, classified advertising, or other compilation of information which is sold, rented, published, furnished or in any manner provided to a third party; (iii) using the Products in any manner not specifically authorized in this Agreement or offering it through any third party; (iv) disassembling, decompiling, reverse engineering, modifying or otherwise altering the Products or any part thereof; or (v) printing, downloading, reproducing, copying or scraping data from the Products, except as permitted by the printing or downloading commands of the Products as specified on Schedule A. Client acknowledges that the Products may be accessed through linkage to the Infogroup’s reference web site, and that all Users accessing the reference website do so subject to the terms and conditions stated therein. Infogroup reserves the right to modify the terms and conditions located on the reference website at any time.
Contract Tracking Number: 211333 CONFIDENTIAL
Page 2 of 4
3. Networking, Multiple and/or Simultaneous Use: The Products cannot be loaded onto a server that reaches outside the walls of the immediate room or research facility of Client. If networking, multiple or simultaneous use is authorized on Schedule A, Client will pay additional fees for each additional User. If additional Users are added, Client will provide written notice to Infogroup and will pay Infogroup additional fees based on the number of additional Users within thirty (30) days. 4. Fees. Client shall pay Vendor the non-refundable annual subscription fees (“Fees”) listed in Schedule A attached hereto. For any Renewal Term, Client shall pay the Fees listed in Schedule A to Infogroup within thirty (30) days of the anniversary of the Effective Date of each Renewal Term. The Fees due for Renewal Terms are subject to change. 5. Termination: Either party may terminate the Agreement if the other party materially breaches any term or condition of the Agreement and fails to remedy such breach within thirty (30) days after written notice of such breach; or becomes subject to any receivership, insolvency, bankruptcy, moratorium or similar proceeding for more than thirty (30) days. Infogroup may immediately terminate this Agreement if Licensee causes or facilitates any unauthorized use or distribution of the Infogroup Data. Upon termination of this Agreement for any reason Licensee shall cease any and all use of the Products and ensure that all copies of the Products and any related data and information is deleted from its computers and, if applicable, returned to Infogroup no later than five (5) days after termination of this Agreement. 6. Client Responsibilities: Client agrees and warrants that it will use the Products in strict compliance with all applicable Laws and further acknowledges that it is Client’s sole responsibility to determine the applicability of such Laws. Client shall indemnify, defend, and hold harmless Infogroup from and against any and all claims by any third party and all related losses, expenses, damages, costs and liabilities, including reasonable attorneys' fees and expenses incurred in investigation or defense, regardless of the theory of liability or the nature of the legal proceeding (“Damages”), to the extent such Damages arise out of or relate to the following (a) the use of the Products by or through Client; (b) the negligence or willful misconduct of Client or its representatives in the performance of Client’s obligations under this Agreement; and (c) any claims related to use of the Products in violation of the terms of this Agreement or applicable Laws. 7. Warranty; Limitation of Liability. Neither Infogroup nor any of its information or service providers assures or warrants or assumes any liability for the correctness, comprehensiveness or completeness of any Product. The Products are provided on an “AS IS” basis. INFOGROUP MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO CLIENT OR TO ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE MERCHANTABILITY, SUITABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OR RESULTS TO BE DERIVED FROM THE USE OF ANY LICENSED DATA, PRODUCTS, SOFTWARE OR OTHER MATERIALS PROVIDED UNDER THIS AGREEMENT. NEITHER INFOGROUP NOR ITS SUPPLIERS SHALL BE LIABLE TO CLIENT OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OR "COSTS OF COVER" (INCLUDING, WITHOUT LIMITATION, COSTS OF PROCURING SUBSTITUTE PRODUCTS) WHICH ARISE OUT OF THE PURCHASE, SALE AND/OR USE OF THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY OF SUCH DAMAGES ARISING OUT OF OR IN CONNECTION WITH MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS, DEFECTS, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATORY PROFITS, WHETHER SUCH DAMAGES ARE ASSERTED IN AN ACTION BROUGHT IN CONTRACT, IN TORT OR PURSUANT TO SOME OTHER THEORY AND WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN OR WAS FORESEEABLE. Client further acknowledges that Infogroup’s maximum aggregate liability to Client under any legal theory (including negligence) for damages arising directly or indirectly out of the licenses granted herein and/or use of the Products will not in any event exceed an amount equal to the Fees actually paid by Client for the affected Product for the twelve (12)-month period immediately preceding the claim. 8. Governing Law. The validity and effect of this Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska without regard to its conflict of laws rules. All legal proceedings relating to the subject matter of this Agreement shall be maintained in the state or federal courts sitting in Douglas County, Nebraska and each party agrees that jurisdiction and venue for any such legal proceedings shall lie exclusively with such courts. Notwithstanding the foregoing, Infogroup acknowledges that governmental entities are governed by the laws of the state in which they are organized. As such Infogroup waives enforcement of the portion of this Agreement which requires the use of Nebraska law and Nebraska courts, where Client is a governmental entity.
Contract Tracking Number: 211333 CONFIDENTIAL
Page 3 of 4
9. Intellectual Property Rights. Infogroup shall be the sole and exclusive owner of all right, title and interest in and to the Products. Except for the limited license granted to Client hereunder, nothing in this Agreement shall be deemed to grant license rights, ownership rights or any other intellectual property rights in any materials owned by Infogroup. 10. Assignment and Binding Effect. Client may not assign this Agreement without prior written consent of Infogroup. This Agreement shall be binding upon and shall benefit the parties and their respective successors and permitted assigns. 11. Non-Solicitation. During the term of this Agreement and for twelve (12) months thereafter Vendor and Client shall not directly or indirectly solicit for employment any person employed then or within the preceding twelve (12) months by the other party, without the other party's consent in writing. The foregoing prohibition does not include general public solicitations for employment. 12. Notices. Any notices to be given hereunder to any other party, including any notice of a change of address, shall be in writing and shall be deemed validly given if (a) delivered personally; (b) sent by overnight or second day express delivery service; (c) sent by registered or certified mail, postage prepaid, return receipt requested; or (d) sent by confirmed facsimile transmission, and addressed to such party at the address or facsimile number indicated for such party on the first page of this Agreement or at such other address as a party may indicate in a written notice to the other party. 13. General. No amendment of this Agreement shall be valid unless it is in writing and signed by both parties. No waiver of any provision of this Agreement shall be valid unless it is in writing and signed by the party making the waiver. Any waiver of a breach or observance of any provision of this Agreement shall not be construed as a waiver of any subsequent breach. The provisions of Sections 3, 6, 7, 8, 9 and 11 shall survive any expiration or termination of this Agreement. If any provision of this Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remainder of this Agreement, which shall be construed as if such invalid or unenforceable provision had never been a part of this Agreement but in a manner so as to carry out as nearly as possible the parties’ original intent. 14. Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes any prior agreements between the parties regarding such subject matter. IN WITNESS HEREOF, the parties’ duly authorized representatives have executed this Agreement on the Effective Date. Mcleod County Sheriff's Dept., CLIENT Infogroup Inc., VENDOR Signature:
ACCOUNT/BILLING PHONE NUMBER: (320) 864-1204 CLIENT NAME: Mcleod County Sheriff's Dept. INITIAL TERM: one (1) year beginning on March 15, 2013 and expiring on March 15, 2014. Client agrees to purchase the Products selected below during the Initial Term of the Agreement. In consideration for the Products Client shall pay Infogroup an annual Fee of $1,961 within thirty (30) days of the Effective Date. The Fees due for Renewal Terms are subject to change. If the Fees for a Renewal Term will change from the Initial Term or a previous Renewal Term (if applicable) Infogroup will provide Client with notice of such change. Purchase Order Number (where applicable): . Authorized Use: Subject to the terms and conditions of the Agreement, Client’s subscription includes access to the following Products:
Products
Stand Alone, Network to Workstations Within the Main Location, Network to Additional Sites,
and/or Remote Access? ReferenceUSA - US Businesses ReferenceUSA - US Standard White Pages ReferenceUSA - US Health Care Providers ReferenceUSA - Canadian Businesses ReferenceUSA - Canadian White Pages ReferenceUSA ™ - New Businesses ReferenceUSA ™ – New Movers/ New Homeowners ReferenceUSA ™ – US Consumers/Lifestyles Government PowerFinder Stand Alone Number of Prints/Downloads for Internal Access Number of Prints/Downloads for Remote Access Number of Authorized Users
Technical support and staff training (on-site or via conference call) are included in Client’s subscription and are available upon Client’s request. Pricing is based on usage.
Account Access Description & Special Terms (if applicable):
□ Infogroup does have your tax-exempt certificate on file; thus, no taxes will apply. □ If Client is tax exempt, please fax tax exempt certificate to 866-511-4691.
PT Form 90 Minnesota Department of Revenue
APPLICATION FOR CANCELLATION OF FORFEITURE
In McLeod County
APPLICANT’S INFORMATION
Name and Address of Applicant: Applicant Is: McLeod County Auditor-Treasurer _X_ County Auditor 2391 Hennepin Ave N ___ Property Owner Glencoe, MN 55336 ___ Owner’s Agent Legal Description of Property Forfeited:
Parcel Number 06.009.050 Owner: Lyle H. Jager Section 09 Township 116 Range 029 SE ¼ NE ¼ & NE ¼ SE ¼
Certificate of Forfeiture for Property Described Above:
Date of Execution: July 31, 1990
Date of Recording: July 31, 1990
Place of Recording: McLeod County Recorder Document Number 234678
Reason for Cancellation: ___ Exemption _X_ Administrative Error (Explain in detail) On July 31, 1990 a County Auditor’s Certificate was recorded in the McLeod County Recorder’s Office by Mr. Edward Ide the former McLeod County Auditor. On August 21, 1990 Lyle H. Jager signed an Application for Repurchase of Forfeited Lands which Mr. Edward Ide also signed agreeing to the repurchase. At the time of the repurchase a County Auditor’s Certificate of Cancellation should have been filed and was not. The Repurchase of Forfeited Lands has been satisfied and all taxes have remained current. (Enclosed is a copy of the supporting documentation.) Applicant’s Request: Applicant requests that the certificate of forfeiture for the property described above be cancelled and that the county auditor be ordered to execute and have recorded a certificate of cancellation pursuant to Minnesota Statutes, Sections 279.33 and 279.34, which will void the tax forfeiture of the property described above. Applicant’s Signature: _____________________________________ Date of Signature: _____________________________________
Return Application along with a duplicate copy to: MN Department of Revenue
Property Tax Division Mail Station 3340 St. Paul, MN 55146-3340
APPROVAL BY COUNTY BOARD AND COUNTY AUDITOR
Certification of Approval: The County Board, by resolution, and the County Auditor approve the application and recommend its acceptance by the Department of Revenue. Resolution Number: Meeting Date: Administrator’s Signature Date of Signature: County Auditor-Treasurer’s Signature Date of Signature:
ORDER OF DEPARTMENT OF REVENUE – STATE OF MINNESOTA
REJECTION: Upon examination of the content of the application, it is ordered that the application be rejected. ________________________________ Commissioner of Revenue By: ________________________________ Reason for Rejection:
ACCEPTANCE:
Upon examination of the contents of the application, it is ordered that the application be accepted, that the certificate of forfeiture be cancelled, and that the County Auditor execute and have recorded a certificate of cancellation pursuant to Minnesota Statutes, Sections 279.33 and 279.34 , which will void the tax forfeiture of the property described in the application. ________________________________ Commissioner of Revenue By: _____________________________
County Auditor’s Number: _______________ Department of Revenue’s Number _______________ Date Application Received by Department of Revenue: ________________
COUNTY AUDITOR'S CERTIFICATE EXECUTED PURSUANT T O SUBDIVISION
(f) of Section 8, Chapter 27S, Laws 1935
Matt ol 0li\\ntMa, Count;, of iOtfirSSi
£dwa.i:.d.J..de , auditor of tlie County of
SSsSSS , Stoio of Minnesota., do hereby certify tliat at tlie tale
cf lands pursuant lo tho real estate tax judgment entered in tlie district court in said County on the
IS.ttl day of. S E H 10..—., tn proceedings to enforce
the payment of taxes delinquent, on real estate for the year 19..R&...., for said county, which sale was held
at the office of tlie county auditor in said County, on the 1.3.t.tl day of May, 19,$$,..., llie following described parcel* of land-, situate in said county and slate, to-wit:
Tax Parcel No. Subdivision Sec. or
Lot
Twp, or
Block Rungs
06- 009-0500 SE 1/4 NE 1/4 & NE 1/4 SE 1/4 9
07- 054-0010 The North 340 feet of Tract C, except the East ZOO feet thereof, and further excepting the West 402.25 feet, REGISTERED LAND SURVEY NO. 10
11-016-0800 Beginning at a point 27 feet South of NW corner of SE 1/4, thence North 27 feet to NW corner, thence East 27 feet, thence Southwesterly to point of beginning 16
22-060-1180 Town of Franklin 4
116 29
*16''!
17
7 8
This instrument was drafted by:
Edward Ide, McLeod County Auditor Glencoe, MN
Edward Ide, McLeod County Auditor
were each duly bid in for the slate, and lhat each of Ihe said parcels of land still remain unredeemed.
I DO FURTHER CERTIFY lhat lhe time for redemption of each of said parcels of land has expired after notice given as provided by laiv, and lhat absolute title lo each of the said parcels of land has vested in the ^lat^okMinncsota.
and official seal this.. 31st -day of. July 19 90
County Auditor
By-Deputy
2 3 4 S 7 8 OFFICE OF COUNTY RECORDER
MsUod Counly, Mlnn»eol«
llwieby oerilly th»t th* Whin Inttrument
was Wod In this olllot lor record on the
SLdL-deyof J§iU$-A.D, laM-Bl
II o'clock ALM-, end was duly
recorded In Book^—of^A-on
\ ~ County Recorder
By. Deputy
Edward Ide County Auditor
August 1, 1990
Lyle Jager Route 2
Hutchinson, MN 55350
Dear Ly le : I have been researching the various al ternat ives avai lable
to you to regain ownership of your 80 acres.
The provisions re la t ing to "Confession of Judgement'1 are not allowed in th i s instance. I looked that up th is morning. The "repurchase" options are ava i lab le . I have enclosed a copy of the repurchase statute f o r you to read.
In order to avai l yoursel f of the repurchase you must sign the enclosed appl icat ion and return i t along with a check or cash in the amount of $581.54. The amount consists of :
I f you have any questions whatsoever, you are very welcome to come in to the o f f i c e . We are here to ass i s t you and w i l l do our best to answer your questions.
10% of to ta l due Repurchase fee Total
$531.54 50.00
$581.54
Sincerely,
Edward Ide McLeod County Auditor
EI: jh
McLeod Counly is an Equal Opporlunity Employer/Affirmative Acl ion
Form No. 2856—Petition for Repurch . L a n d Forfeited lo the State of Minnesota fu. delinquent Taxes. (Rev. 7-29-82) Miller-Davis Co.. Minneapolis
APPLICATION FOR REPURCHASE OF FORFEITED LANDS . Pursuant to Minnesota,Statutes Section 282.241
To The Board of County Commissioners and
The County Auditor of "..cl.eo.C County, Minnesota:
The undersigned Ly.l.e...H......J.ager. hereby makes appUcation to repurchase from the State of Minnesota the following described land, pursuant to Minnesota Statutes , Section 282.241, Said
land is situated in said McLeod County, Minnesota, and more particularly described as follows:
SE 1/4 NE 1/4 and NE 1/4 SE 1/4 Section 9, Township 116, Range 29
Applicant states and shows that, at the time of the forfeiture to the State of the said land for taxes hereinafter set
»ut he was (a) single person.
That said land forfeited to the State on the 30th day of <My. 19.9.9.-..
That such taxes became delinquent January„2i 1985 j a?wi remained delinquent
and unpaid for the subsequent years of. !?§!!»_ I 9 8 6 a r . l d . . .19.89.
That the aggregate of all delinquent taxes and assessments, with penalties, costs and interest, exclusive of taxes and assessments to be.reinstated as provided by Minnesota Statutes, Section 282.
251, is the sum of f ive thousand three..hundr.ed...f.if te(>n...arid 3'V10P (f.S.,315,.34 j Dollars.
That permission to repurchase said land is hereby requested for the reasons stated as follows:
That undue hardship resulting from forfeiture wi l l be corrected,
This applicant offers to pay upon such repurchase not less than ane fifth/one tenth ofthe aggregate sum of said delinquent taxes and assessments together with penalties and costs, with interest at the rate fixed by law for the respective years computed to the date of repurchase from the time such taxes and assessments became delinquent, and also the sum of taxes and assessments with penalties and costs, with interest at the rate fixed by law for the respective years to the dateof repurchase from the time such taxes and assessments would have been delinquent that would have been levied and assessed against suchparcel between the date of forfeiture and the date of repurchase, all due and to be computed as set out in said Minnesota Statutes, Section282.251, and to pay the remaining portion of repurchase price in-fsur/ten equal annual installments, with the privilege of paying the unpaid balance in full at any time with interest as provided in section 282.261 on the balance remaining unpaid each year.
Applicant
LyJe... H..:... .Jager „e;n!, d u h j swam,
deposes and says: tliat he is the applicant and petitioner in tlie foregoing petition; that he has read
said petition and knows the contents thereof; that tlie same is true of h...\.S.... own knowledge save as to the
matters therein stated on information and belief and as to those matters lie believes it to be true.
(a) the owner, (or) the heirs of the owner, (or) the representative of the owner, (or) n person to whom the right to pay taxes is given by statute, to-wit: (designating under what claim of right, whether as mortgagee or otherwise the right is exercised.)
RESOLUTION 13-CB-06
IMPROVING RURAL WATER QUALITY IN THE CROW RIVER BASIN CLEAN
WATER PARTNERSHIP PROJECT
BE IT RESOLVED by the McLeod County Board of Commissioners, that it hereby designates McLeod County Environmentalist Roger Berggren as Project Representative for improving rural water quality in the Crow River Basin Clean Water Partnership Project for McLeod County.
The Project Representative shall have the authority to represent the McLeod County Board of Commissioners in all project matters that do not specifically require action by the McLeod County Board of Commissioners.
BE IT FURTHER RESOLVED by the McLeod County Board of Commissioners that, as Loan Sponsor, the McLeod County Board of Commissioners enters into the attached Minnesota Clean Water Partnership Project Implementation Loan Agreement along with Crow River Organization of Water, as Project Sponsor, and the Minnesota Pollution Control Agency to conduct the implementation of improving rural water quality in the Crow River Basin Clean Water Partnership Project.
BE IT FURTHER RESOLVED by the McLeod County Board of Commissioners that County Board Chair Grant Knutson be authorized to execute the attached Minnesota Clean Water Partnership Project Implementation Loan Agreement for the above referenced Project on behalf of the Board as Loan Sponsor.
BE IT FURTHER RESOLVED by the McLeod County Board of Commissioners that County Auditor Cindy Schultz be authorized to execute loan disbursement requests for the above referenced project to the Minnesota Pollution Control Agency on behalf of the Board. Adopted this 5th day of March 2013. Paul Wright, Chairperson Pat Melvin, County Administrator
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STATE OF MINNESOTA
POLLUTION CONTROL AGENCY
WATERSHED DIVISION
MINNESOTA CLEAN WATER PARTNERSHIP
PROJECT CONTINUATION LOAN AGREEMENT
COVER PAGE: ADMINISTRATIVE INFORMATION
PROJECT TITLE: IMPROVING RURAL WATER QUALITY IN THE CROW
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STATE OF MINNESOTA
POLLUTION CONTROL AGENCY
WATERSHED DIVISON
MINNESOTA CLEAN WATER PARTNERSHIP
PROJECT CONTINUATION LOAN AGREEMENT
This Project Loan Agreement (Agreement) is made under the Clean Water Partnership Law, Minn. Stat. §§ 103F.701-103F.761 and the rules adopted thereunder, Minn. Rules ch. 7076. Except as otherwise specifically provided in the Agreement, the definitions in Minn. Stat. §§ 103F.701-103F.761 and Minn. Rules ch. 7076 apply. A. PARTIES The parties to this Agreement are (1) the State of Minnesota (State) through its Minnesota Pollution Control
Agency (MPCA), (2) Crow River Organization of Water (Project Sponsor), and (3) McLeod County (Loan
Sponsor). B. PURPOSE OF AGREEMENT/DESCRIPTION OF PROJECT
1. The purpose of this Agreement is to provide funding for the Best Management Practices (BMPs) described in the approved Project Work Plan for the Improving Rural Water Quality in the Crow River Basin Continuation Clean Water Partnership Project.
2. Prior to execution of this Agreement, the Project Sponsor submitted to the MPCA a proposed Project
Work Plan that describes the Project and its BMPs. The MPCA is in the process of reviewing the proposed Project Work Plan, but has not yet approved it. When approved in writing by the MPCA Commissioner, the approved Project Work Plan, including the budget for the Project, shall be incorporated by reference into this Agreement as Attachment 1. The proposed Project Work Plan is now available for reference at the offices of the MPCA, Regional Division, 520 Lafayette Rd., St. Paul, Minnesota.
3. There are two types of BMPs that could be included in a Project Work Plan. A First-Tier BMP is an
activity that is directly undertaken by Project Sponsor or Loan Sponsor. A Second-Tier BMP is an activity that is undertaken by a person other than the Project Sponsor or Loan Sponsor. Whether funds provided by the MPCA under this Agreement may be used for First-Tier or Second Tier BMPs, or both, depends on whether the activities are part of the approved Project Work Plan.
C. MPCA COMMITMENT
1. The MPCA commits, subject to the conditions set forth in this Agreement, to loan three hundred
fifty thousand dollars ($350,000) to Loan Sponsor for the purpose of funding the BMPs described in the approved Project Work Plan. If there is a discrepancy in the total funding amount stated in the budget of the Project Work Plan and in this Part, the funding amount stated in this Part shall control.
2. The MPCA’s commitment to disburse funds under this Agreement is specifically conditioned on the
MPCA’s first receiving from Loan Sponsor evidence that Loan Sponsor has secured the debt in this Agreement by issuance of a general obligation promissory note. At a minimum, this evidence must include the following: (a) copy of the Note; (b) certified copies of all resolutions or other authority by the appropriate governing body or bodies as shall legally authorize the execution and performance of the Note; and (c) an opinion from recognized bond counsel concluding that the Note and this Agreement are duly authorized, executed and delivered and will constitute valid, legal and binding agreements in accordance with their terms. For purposes of permitting issuance of the Note, the MPCA represents that it is a “board, department or agency” of the State within the meaning of Minn. Stat. § 475.60, subd. 2, clause (4).
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D. INTEREST RATE AND TERM OF LOAN
1. The interest rate for this loan is two (2) percent per annum. However, if a payment is late, interest shall accrue at four (4) percent per annum on the principal and interest owed commencing on the date payment is due and continuing until the late payment is received by the MPCA.
2. Appended to this Agreement as Attachment 2 is an Estimated Repayment Schedule, which establishes
a loan term of ten (10) years. However, when the loan has been fully disbursed, the Project has been fully completed or the Project Implementation Period has expired (whichever comes first), the MPCA shall review the Estimated Repayment Schedule to determine if the payment amounts, due date and term of this Agreement should be revised. Based on this review, the MPCA will establish a Final Repayment Schedule. The Final Repayment Schedule will be based upon interest accrued during the project implementation period through the first payment due date and actual amounts disbursed under this Agreement for activities actually implemented before the expiration of the Project Implementation Period. At the sole discretion of the MPCA, the Final Repayment Schedule may provide a shorter or longer term than is stated in the Estimated Repayment Schedule first appended to this Agreement as Attachment 2. The MPCA will promptly forward to Loan Sponsor any revisions to the Estimated Repayment Schedule. The revisions will then become an integral and enforceable part of this Agreement.
E. PROJECT SPONSOR DUTIES AND RESPONSIBILITIES
1. The Project Sponsor shall ensure that all BMPs for which loan funds are disbursed under this
Agreement are completed in the time and manner set forth in the approved Project Work Plan.
2. The Project Sponsor is responsible for determining what, if any, federal, state (including MPCA) or local permits are required for the work described in the approved Project Work Plan and, if any are required, must obtain the permit(s) within their required time periods.
3. If the approved Project Work Plan describes Second-Tier BMPs, Project Sponsor is responsible for
authorizing Loan Sponsor to make Second-Tier loans to implement the Second -Tier BMPs before any such loans are finalized.
F. LOAN SPONSOR DUTIES AND RESPONSIBILITIES
1. Loan Sponsor shall provide the general obligation promissory note described in Part C.2. and shall repay all loan funds disbursed by the MPCA under this Agreement.
2. By resolution of its governing body, Loan Sponsor shall designate one or more persons to execute loan
disbursement requests on behalf of Loan Sponsor. Loan Sponsor shall submit to the MPCA a certified copy of the resolution designating the authorized person or persons.
3. Loan Sponsor shall submit requests for loan disbursement as provided in Part G. 4. Loan Sponsor shall reserve for implementation jointly with Project Sponsor loan funds sufficient for
Loan Sponsor and Project Sponsor to implement those parts of the approved Project Work Plan designated for implementation as First-Tier BMPs. First-Tier BMPs shall be subject to the provisions of Part J. of this Agreement.
5. If the approved Project Work Plan refers to Second-Tier BMPs and Project Sponsor has authorized Second-Tier loans for the implementation of those BMPs, Loan Sponsor may make Second-Tier loans for the implementation of the Second-Tier BMPs, as provided in Part K. of this Agreement.
6. Loan Sponsor is solely responsible for costs exceeding the loan amount authorized in this Agreement.
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7. Loan Sponsor is encouraged to prepare and submit an affirmative action plan for the employment of minority persons, women, and the qualified disabled and submit the plan to the Commissioner of Human Rights pursuant to Minn. Stat. § 363.073.
G. DISBURSEMENT OF LOAN FUNDS
1. The MPCA shall not disburse any funds under this Agreement until it has approved the Project Work
Plan. The MPCA may provide approval of segments of the proposed Project Work Plan prior to approval of the entire Project Work Plan and may make disbursements on those parts of the proposed Project Work Plan that are approved in writing by the MPCA Commissioner.
2. To receive disbursements under this Agreement, Loan Sponsor shall submit, in a form acceptable to
the MPCA, disbursement requests signed by a person authorized as provided in Part F.2. The requests shall certify that disbursements are being sought only for reimbursement of costs incurred to implement the approved Project Work Plan. The MPCA will process no more than one request for disbursement per month unless an alternate schedule is agreed to by the MPCA in writing.
3. The MPCA will disburse funds to Loan Sponsor on an incurred cost reimbursement basis, consistent
with the approved Project Work Plan. Administrative costs will not be considered an incurred cost unless they were approved by the MPCA prior to their having been incurred and were included in the approved Project Work Plan.
4. Interest will begin to accrue on each disbursement on the day the MPCA delivers the funds to Loan
Sponsor. If delivery is by mail, the date of mailing shall be considered the date of delivery. 5. The MPCA, at any time, may review and audit requests for disbursement under this agreement and
may make adjustments for errors and discrepancies discovered in audits or other reviews of requests for disbursement.
H. SECURITY FOR AND REPAYMENT OF THE LOAN
1. This loan is secured by the general obligation promissory note described in Part C.2. 2. The date to begin repaying this loan is deferred until the loan has been fully disbursed, the Project has
been fully completed or the Project Implementation Period has expired, whichever comes first. The Project Implementation Period is defined as exactly three (3) years from the effective date of this agreement.
3. After the loan has been fully disbursed, the Project has been fully completed, or the Project
Implementation Period has expired, whichever comes first, the repayment of this loan is as stated in the Estimated Repayment Schedule (Attachment 2).
4. Notwithstanding any other provision of this agreement, the semiannual payments of principal and
interest due on this loan shall be due not later than one year after the loan has been fully disbursed, the project has been fully completed or the Project Implementation Period has expired, whichever is first. Payments by Loan Sponsor shall be due every six months. The first payment shall be submitted on the closest date of either June 15 or December 15 (based on the execution date of this Agreement) and shall be due semiannually on June 15 and December 15 after the first payment. Additional payments may be made at any time without penalty.
5. Loan Sponsor may prepay this loan in whole or in part from any funds legally available to Loan
Sponsor for this purpose. When Loan Sponsor elects to pay off the loan in full, it shall give written notice to the MPCA and the MPCA shall then prepare and provide to Loan Sponsor a payoff statement. The payoff statement shall include all principal, interest and late fees, if any, due and payable to the MPCA.
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I. DENIAL OF DISBURSEMENTS, DEFAULT, RESCISSION OR EARLY TERMINATION
1. The MPCA may deny disbursement of funds to Loan Sponsor if the MPCA determines that the project does not substantially conform to the requirements for a Project Implementation Loan as provided under the Clean Water Partnership Law, Minn. Stat. §§ 103F.701-103F.761 and the rules implementing the law; that project activities do not satisfy the conditions of the approved Project Work Plan; or that there has been a significant violation of this Agreement, including the failure to submit a report as required by this Agreement. The MPCA shall notify Loan Sponsor of its decision to deny or withhold disbursement, and shall continue to deny or withhold disbursement until Loan Sponsor has corrected the condition causing the MPCA to deny or withhold the disbursement.
2. The MPCA may declare Loan Sponsor and Project Sponsor in default and may rescind this Agreement
if it finds that there has been or will be substantial divergence from the approved Project Work Plan or that the approved Project Work Plan has not been or will not be implemented in a timely manner. Upon default, the MPCA shall give written notice and demand for the full payment of all amounts due.
3. In the event the MPCA declares a default under this Agreement and moves to recover repayments,
Loan Sponsor and Project Sponsor shall pay the costs and damages, including reasonable attorney’s fees and interest, incurred by the MPCA to recover repayments under this Agreement.
4. If Project Sponsor fails to request disbursement for reimbursement of incurred costs within one year of
the effective date of this Agreement or as stated in the project timeline of the approved Project Work Plan, the MPCA may elect to terminate this Agreement early or reduce the loan amount. The MPCA’s failure to terminate this Agreement early or reduce the loan amount shall not be deemed a waiver of its right to terminate this Agreement or reduce the loan amount at a later date or on different grounds. If the MPCA elects to terminate this Agreement early or reduce the loan amount, it shall notify Project Sponsor and Loan Sponsor in writing.
5. If the MPCA fails to enforce any provision of this Agreement, that failure does not waive that
provision or its right to enforce it. J. CONTRACTING AND OVERSIGHT OF FIRST-TIER BMPs (If Applicable)
1. To the extent described in the approved Project Work Plan, Project Sponsor may enter into subcontracts to engage in architectural, engineering, and related services to implement BMPs approved in the Project Work Plan. All subcontracts shall comply with all State laws and rules applicable to the selection and employment of subcontractors providing architectural and engineering services.
2. Loan Sponsor and Project Sponsor shall exert all reasonable effort to investigate claims which Project
Sponsor may have with respect to the work performed under this Agreement and, in appropriate circumstances, shall take whatever action, including withholding of payment and legal recourse, is available to resolve the claims.
3. Project Sponsor shall develop and submit to the MPCA and obtain MPCA approval of a uniform
quality assurance program describing how Project Sponsor will assure that the subcontractor activities conducted under this Agreement comply with applicable state laws and with this Agreement. If these activities include the construction, alteration, repair or maintenance of real or personal property, the uniform quality assurance program must describe the following: (a) inspection and certification procedures for construction, alteration, repair or maintenance of real or
personal property which will not be contracted; (b) inspection and certification procedures for construction, alteration, repair or maintenance of real or
personal property which will be contracted; and, (c) certification methods for materials. The level of inspection and certification provided for contracted and noncontracted construction activities shall be commensurate with the scope and complexity of the construction undertaken.
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K. CONTRACTING AND OVERSIGHT OF SECOND-TIER BMPs (If Applicable)
1. If BMPs are to be implemented through Second-Tier loans using funds provided by this Agreement, Loan Sponsor may make the Second-Tier loans after obtaining authorization from Project Sponsor and subject to the following conditions.
2. No Second-Tier loan may charge an interest rate greater than market rate for Second-Tier loans (for
purposes of this Part, market rate means the highest prime lending rate as disclosed in the current Wall
Street Journal). 3. Loan Sponsor may charge an application or origination fee for Second-Tier loans. 4. No Second-Tier loan may be given for any activity other than those in the approved Project Work Plan
and authorized by Project Sponsor as Second-Tier BMPs. 5. Loan Sponsor shall use all principal repayments received on Second-Tier loans to repay the loan made
to it under this Agreement. 6. Loan Sponsor shall use any interest earned on principal repayments received under this Agreement and
any interest or application fee or origination fee received from persons who receive Second-Tier loans for the following: (a) to pay its documented administrative costs for implementation of the project, (b) to defray the costs of delinquencies or defaults on Second-Tier loans or Second-Tier Work Plan
Activities, and (c) for implementation of any additional approved Project Work Plan activities approved by the
MPCA under this Agreement.
7. If Loan Sponsor elects to subcontract with one or more financial institutions or other administrators, including Project Sponsor, for the purpose of administering its Second-Tier program, Loan Sponsor shall: (a) comply with all applicable State laws and rules in its selection of subcontractors; (b) include in its subcontract terms that: (1) assure the financial institution or other administrators
comply with the requirements of this Agreement; (2) make the MPCA a third party beneficiary of its subcontract; and (3) give the MPCA the right to enforce or otherwise seek remedies under the subcontract;
(c) provide for MPCA review a copy of the subcontract, including a breakdown of compensation to be received by the subcontractor, prior to the execution of the subcontract;
(d) provide the MPCA with an executed copy of each subcontract within 30 days of the execution of such subcontract;
(e) retain the right to assign to the MPCA, in regard to performance of this Agreement, the subcontract and any or all rights pursuant thereto;
(f) be responsible for the satisfactory and timely completion of all work required under each subcontract; and
(g) be responsible for payment of subcontractors.
8. Loan Sponsor is obligated to repay this loan in full regardless of the existence of default or delinquency of a Second-Tier loan.
L. GENERAL DUTIES, RESPONSIBILITIES AND LIMITATIONS ON CONDUCT OF JOINT
PROJECT SPONSOR AND LOAN SPONSOR DUTIES
1. Designation of Project Representatives. Loan Sponsor and Project Sponsor shall each, by resolution of
its governing authority, appoint a Project Representative. The Project Representatives shall have the authority to represent them in all matters which, according to the conditions of this Agreement, do not specifically require action by the same parties who executed this Agreement or their successors in office. The MPCA shall consider correspondence from and action on the part of the Project
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Representatives as representations and actions taken by Loan Sponsor or Project Sponsor. Loan
Sponsor and Project Sponsor shall each forward to the MPCA upon execution of this Agreement a certified resolution appointing its Project Representative.
2. Antitrust. Loan Sponsor and Project Sponsor hereby assign to the State any and all claims for
overcharges as to goods and/or services provided in connection with this Agreement resulting from antitrust violations that arise under the antitrust laws of the United States and the antitrust laws of the State.
3. Government Data Practices Act. Loan Sponsor and Project Sponsor 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 Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Loan Sponsor and Project Sponsor under this Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this Part by the Loan
Sponsor, the Project Sponsor or the State.
If the Loan Sponsor and Project Sponsor receives a request to release the data referred to it in this part, the Loan Sponsor and Project Sponsor must immediately notify the State. The State will give the Loan
Sponsor and Project Sponsor instructions concerning the release of the data to the requesting party before the data is released.
4. Workers' Compensation. Loan Sponsor and Project Sponsor certifies that it is in compliance with
Minn Stat. § 176.181, subd. 2, pertaining to workers’ compensation insurance coverage. Loan Sponsor and Project Sponsor employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility.
5. Americans with Disabilities Act (ADA) Compliance. In fulfilling the duties and responsibilities of the
Agreement, Project Sponsor and Loan Sponsor shall comply with the requirements of P.L. 101-336, Americans with Disabilities Act of 1990, 42 U.S.C. Section 12101, et seq., and regulations promulgated pursuant to it.
6. Exclusive Use of Project Funds. The Loan Sponsor and Project Sponsor shall use all MPCA funds
disbursed to it under this Agreement exclusively for the purposes described in this Agreement. 7. Loan Sponsor and Project Sponsor accept and agree to comply with all terms, provisions, conditions
and commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations and commitments made by Project Sponsor in its application, accompanying documents and communications filed in support of its request for a loan.
8. Loan Sponsor and Project Sponsor certify that, before any funds provided under this Agreement are
disbursed to subcontractors, the terms of the subcontracts will be consistent with the terms of this Agreement.
M. REPORTS, RECORD MAINTENANCE, AND AUDIT REQUIREMENTS
1. Reports. Project Sponsor shall make reports as provided in Minn. R. ch. 7076 as it may be amended. 2. Records Maintenance. Loan Sponsor and Project Sponsor, subcontractors, and contributing
administrators with whom Loan Sponsor enters into agreements to perform any or all of the work required under the terms of this Agreement, shall maintain complete and accurate books, records, and documents according to Generally Accepted Government Accounting Standards (GAGAS). Such books, records, documents, and accounting procedures shall fully disclose the amount and disposition of all loan funds disbursed under this Agreement. Such records shall also account for: disposition of project expenditures; property purchased; program income; documentation of compliance with applicable statutes, regulations, and the conditions of this Agreement. Such records shall be available
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to authorized representatives of the State, including, but not limited to, the State contracting department and the legislative auditor, for examination and audit and shall be maintained for a minimum of six (6) years after termination of this Agreement. If, during the period when this Agreement is effective or within six (6) years thereafter, Loan Sponsor or Project Sponsor has an independent audit conducted which includes or addresses the activities of this Agreement, a copy of the audit shall be provided to the MPCA.
3. Fiscal Controls. Loan Sponsor and Project Sponsor shall establish fiscal controls and accounting procedures that are sufficient to assure proper accounting for payments received, disbursements made and balances at the beginning and end of the accounting period. Loan Sponsor and Project Sponsor shall use accounting, audit and fiscal procedures conforming to GAGAS as these are promulgated by the Governmental Accounting Standards Board. Generally accepted auditing standards are usually defined as, but not limited to, those contained in the U.S. General Accounting Office (GAO) publication “Government Auditing Standards.” All accounts shall be established and maintained as separate accounts. Loan Sponsor and Project Sponsor shall expressly require all subcontractors to comply with the provisions of this Section.
4. Single Audit. Loan Sponsor and any subrecipient shall be responsible for obtaining audits in
accordance with the Single Audit Act of 1984 (31 U.S.C. Sec. 7501-7507); the Single Audit Act Amendments of 1996 (P.L. 104-156); and Federal Agency implementation regulations, including 40 CFR Sec. 31.26. The audits shall be made by an independent auditor in accordance with GAGAS covering financial and compliance audits. Loan Sponsor agrees that the State, the Legislative Auditor, the State Auditor and any independent auditor designated by the State shall have such access to their records and financial statements as may be necessary for them to comply with the Single Audit Act of 1984, as amended, and the most recent revisions of Office of Management and Budget (OMB) Circulars A-128, A-110 or A-133, as applicable. Required audit reports must be filed with the Office of State Auditor, Single Audit Division, and state agencies providing federal assistance within six months of Loan Sponsor or subrecipient’s fiscal year end. If a federal cognizant audit agency has been assigned, copies of required audit reports shall be filed with that agency also. Loan Sponsor and Project Sponsor shall require all subrecipients to comply with the provisions of this Section.
5. Audit. Upon request of the MPCA, Loan Sponsor shall provide an independent audit of one or more
fiscal years during which Loan Sponsor received and disbursed financial assistance provided to Loan
Sponsor according to the conditions of this Agreement for a minimum of six (6) years from the end of this Agreement.
N. GENERAL CONDITIONS OF AGREEMENT
1. Liability. The MPCA shall not be held liable for any payment for damages or other relief associated
with the implementation of the Project Work Plan or arising under contracts entered into by Loan
Sponsor or Project Sponsor with third parties. Loan Sponsor and Project Sponsor must indemnify, save and hold the State, its agents, and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by the State, arising from the performance of this Agreement by Loan Sponsor or Project Sponsor or their agents, employees or subcontractors. This clause will not be construed to bar any legal remedies the Loan Sponsor or Project Sponsor may have for the State’s failure to fulfill its obligations under this Agreement.
2. Environmental Review Requirements for Individual Sewage Treatment System (ISTS) Replacement or
Upgrade Activities. When the implementation of project activities, as designated in the approved Project Work Plan as amended, includes the upgrade or replacement of ISTS as identified in Minn. R. ch. 7080, an Environmental Review shall be undertaken according to the provisions of Minn. R. ch. 4410. Project Sponsor may seek a categorical exclusion from this requirement under 40 CFR part 35.3140 as provided in (a) or (b) below: (a) Project Sponsor must complete the “Checklist for Categorical Exclusion from Environmental Review” and return it to the MPCA. After review of this checklist, the MPCA will determine the project’s eligibility for exclusion from further environmental review. If it is determined that the Project does not need further environmental review, a public notice of the determination of a
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categorical exclusion, in a format provided by the MPCA, must be executed by Project Sponsor. The public notice of categorical exclusion must allow for a minimum of two weeks public comment period, with comments being directed to the MPCA. Project Sponsor must provide the MPCA with proof of that notice. (b) If the Project does not meet the checklist requirements in (a), the MPCA will send a letter of
determination and instructions for further environmental review. If the MPCA determines that further environmental review is necessary, the Project must comply with those requirements before construction can begin. A copy of all information regarding this process will be kept on file at the MPCA for review by the Environmental Protection Agency.
3. Amendments. Any amendments or modifications to this Agreement must be in writing and will not be effective until it has been executed by the same parties who executed and approved the original Agreement, or their successors in office. Loan Sponsor and Project Sponsor may undertake minor modifications of the approved Project Work Plan with prior written approval of the MPCA Commissioner. No changes to the tasks, schedules, eligible expenditures or any other provision in the approved Project Work Plan may be made without the written consent of the MPCA.
4. State Remedies. If there has been a failure to comply with the provisions of this Agreement, the
MPCA may exercise any remedies available at law or in equity. 5. Non-Discrimination. During the performance of this Agreement, neither Loan Sponsor nor Project
Sponsor shall, because of age, sexual preference, political affiliation, race, color, creed, religion, national origin, sex, marital status, or status with regard to public assistance or disability: (a) discriminate against any person with respect to hire, tenure, compensation, terms of employment, upgrading of employment, facilities, privileges or conditions of employment (b) refuse to hire persons seeking employment; (c) discharge an employee; or (d) otherwise exclude any person from access to or participation in this Clean Water Partnership loan. The Loan Sponsor and Project Sponsor shall not contract with subcontractors who are not in compliance with the provisions of this Section.
6. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice-of law
provisions, governs this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota.
7. Severability. If a provision of this Agreement shall be held to be invalid, illegal, or unenforceable in
any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement.
8. Effective Date. This Agreement shall be effective on the date that the final required signature is
obtained by the State, pursuant to Minn. Stat. § 16C.05, subd. 2. 9. Termination. Except as provided in Part I.4. of this Agreement, this Agreement shall terminate when
the MPCA has determined in writing that Loan Sponsor has fully repaid and retired the loan provided to Loan Sponsor according to the terms and conditions of this Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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The State, Loan Sponsor and Project Sponsor acknowledge their consent to this Agreement and agree to be bound by its terms through their signatures entered below. LOAN SPONSOR: MINNESOTA POLLUTION CONTROL
McLeod County AGENCY
By By Title Title Date Date PROJECT SPONSOR: MINNESOTA POLLUTION CONTROL
Crow River Organization of Water AGENCY Individual certifies that funds have been encumbered as
required by Minn. Stat. '' 16A.15 and 16C.05 By By Title Date PO#: 3000006425 Date
COMMISSIONER OF
ADMINISTRATION By Title Date
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Attachment 1:
Project Work Plan
(In accordance with Part B.2.)
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Attachment 2:
Estimated Repayment Schedule
(In accordance with Part D.2., H.3., and H.4.)
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Attachment 2
ESTIMATED REPAYMENT SCHEDULE
IMPROVING RURAL WATER QUALITY IN THE CROW RIVER BASIN
Be it resolved by McLeod County to submit a proposal with the Minnesota Pollution Control Agency (MPCA) to
conduct the following Project: High Island Creek-McLeod County SSTS Project.
Be it further resolved that Brady Swanson, Watershed Coordinator be authorized to submit the proposal for the above-
mentioned Project and shall have the authority to represent this body in all matters that do not specifically require the
action of this body.
Be it further resolved that submittal of a proposal does not obligate this body to accept a grant and/or a loan if so
offered.
Whereupon the above resolution was adopted at a regular McLeod County Board Meeting this fifth day of March 2013.
Print name: Title: Chairperson
Authorized signature: Date: State of Minnesota McLeod County I, Donna Rickeman, do hereby certify that I am the custodian of the minutes of all proceedings had and held by
McLeod County, that I have compared the above resolution with the original passed and adopted by McLeod County at
a regular meeting thereof held on the fifth day of March 2013 at 9:00 am that the above constitutes a true and correct
copy thereof, that the same has not been amended or rescinded and is in full force and effect.
Contract between McLeod County and the Brownton Police Department
Whereas, the Brownton Police Department wishes to utilize McLeod County's mobile computing to facilitate officers' ability to use mobile computing from their squad cars and
Whereas, support from the McLeod County Information Systems may be necessary from time to time,
It is hereby agreed between the parties:
A. Standard Hardware and Software
1. McLeod County will provide the computer hardware, air cards and software required that the Brownton Police Department will be leasing to be part of the McLeod County Mobile Network. See Amendment A.
2. Brownton Police Department will provide the squad hardware and installation specified by McLeod County that is required to support the mobile computing.
3. Brownton Police Department will be held responsible for hardware repairs not covered under maintenance and/or warranty do to user's negligence or misuse.
4. If any unapproved hardware or software is installed on the laptop that causes conflict with the county applications, the county has the right to remove the program. Charges of $95 per hour with a minimum of one hour for correcting the problems incurred will apply. If vendor assistance is required to solve the problem, Brownton Police Department will cover the vendor's costs.
5. McLeod County will attempt to have a spare laptop available to load to Brownton Police Department in the event a laptop is out-of-service or being repaired.
B. Training
1. McLeod County Information Systems will provide training to user for operation of the communications hardware and software in connecting to the county network.
2. McLeod County Sheriffs Office will provide training to a Brownton PD trainer for operation of the mobile programs.
C. Technical Support and Services
1. McLeod County Information Systems will provide support for all approved laptops and devices connected to the county. This involves maintaining the infrastructure for connecting to the county.
2. Network setup and configuration on an approved laptop to allow connection to the county will be completed by the proper county staff and will be fully supported. This includes installation and configuration within the comiectivity software.
3. The county will install Symantec Antivirus Corporate Edition software on all laptops connecting to the county.
Page 1 1/8/2008
4. It is the responsibility of each person operating a mobile laptop with county communications to ensure:
a. The Symantec software is enabled and running properly and that the installed software has received the most current virus definition files. McLeod County Information Systems will assist with this process as necessary.
b. The Mobile Update tool is run weekly from the Sheriffs Office parking lot.
5. Normal hours of operations for the McLeod County Information Systems are Monday through Friday, 8 a.m. to 4:30 p.m. with allowances for recognized holidays.
7. At the time of the contract, McLeod County Information Systems does not have on-call rotation shifts. If services are needed, every attempt will be made to contact the appropriate personnel. Users should be aware that McLeod County reserves the right to prioritize service calls. Individual device issues will not be addressed after hours.
8. Users from the Brownton Police Department will contact McLeod County Communications for computer services. In the event McLeod County Communications requires aide, they will contact the appropriate personnel.
9. McLeod County will charge a monthly connection fee. This rate is subject to change as vendor dictates. See amendment A.
10. McLeod County Infonnation Systems is not responsible for supporting non-county owned hardware, non-county operated software and will not provide user training for non-county employees beyond what is necessary to establish network connections.
Security
1. The Brownton Police Department will keep all user ID's and passwords confidential and will hold McLeod County harmless for any liability incurred as result of improper disclosure of user ID's and/or passwords. Each user is responsible for the physical security of their portable communications equipment.
2. Any breach of security or suspected breach of security on any piece of equipment connected to the county network will be immediately reported to the McLeod County Information Systems.
3. Should there be any situation that occurs where the McLeod County Information Systems staff feels that a breach of security has occurred, staff have the right to immediately make any necessary configuration changes to cease the communications link for the user and/or the communications equipment. McLeod County Information Systems will notify the McLeod County Sheriff or designee of any such actions taken.
Acceptable Use Policy
1. McLeod County has in place an Acceptable Use Policy for Computer and Network Systems regarding computer, network, electronic mail, and internet access which was last
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revised and adopted December 18, 2001. A copy of the Acceptable Use Policy for Computer and Network Systems is attached to this agreement and the Brownton Police Department agrees to abide by this policy, especially as it pertains to the user's responsibilities in computer usage, internet usage, and telecommuting. Each user must sign a copy stating they have read and accepted the terms and conditions in the policy.
F. Brownton Police Department Staff/Equipment Changes
1. The Brownton Police Department agrees to notify the McLeod County Sheriff's Office prior to any additions, replacements, and/or user authority changes so that the proper security changes can be made.
2. The Brownton Police Department agrees to notify the McLeod County Sheriffs Office prior to any additions or replacements of equipment so that the support staff can be aware of any potential additional support needed.
G. Terms and Agreements
1. Brownton Police Department agrees to abide by the payment plan found on Amendment B for Brownton's unit.
2. The McLeod County Sheriffs Office reserves the right to modify and/or amend this agreement after a 60 day notification to the Brownton Police Department.
3. In the event the Brownton Police Department should decide to terminate this contract, a 90 day advance notice must be given. If the Brownton Police Department terminates this contract, it agrees to reimburse McLeod County for the outstanding balance owed on all hardware and software that was purchased for this project. McLeod County agrees to reimburse the Brownton Police Department the pro-rated amount for any annual charges that had been paid in full.
4. At the end of this contract, the Brownton Police Department may purchase the leased equipment for $1.
H. Agreement Signatures
1. Al l mobile computing users of the Brownton Police Department must provide a signed statement signifying their acceptance of this agreement before a user account will be created for them on the system.
1/8/2008 Page 3
I. Length of Contract
1. Contract will go into effect from the date of the McLeod County Board Chair's signature to May 1,2017.
7$U*~—~~- Date: J^/^// | rownton Chief of Police
McLeod County Sheriff
McLeod County Board Chair
McLeod County Attorney
Date: Brojwnton Mayor
Signature: '^/fi^l^Aj^^^ Date: & " f j " 13 kownton City Attorney
_ C t^J/ryiaAn^' Date: Brownton City Administrator
This CodeRED® Serv ices Agreement ("Agreement") is made and effective as of April 1, 2013 (the "Effective Date") by and between Emergency Communicat ions Network, L L C . a Delaware Limited Liability Company ("Licensor") located at 9 Sunshine Boulevard, Ormond Beach , FL 32174 and McLeod County, a body politic and corporate of the State of Minnesota ("Licensee") located at 801 East 10 Street, Glencoe, MN 55336.
Licensor is the owner of a service identified as "CodeRED® Emergency Notification System" (the "Service"), which is designed to allow authorized l icensed users to have access 24 hours a day, 7 days a week for the purpose of generating high-speed notifications to targeted groups via an Internet-hosted software application. L icensee desires to utilize the Service for the purpose of communicating matters of public interest and concern. The parties agree as follows:
1. License: Licensor grants L icensee a non-exclusive and non-transferable l icense (the "License") to use the Service for L icensee's own purpose, in accordance with the terms of this Agreement. Licensor reserves the right to either charge additional fees or terminate this Agreement if other parties not contemplated in this Agreement are granted access to the Service by L icensee. L icensee assumes full and complete responsibility for the use of the Service by anyone whom Licensee permits to use the Service or who otherwise uses the Service through Licensee's access codes.
L icensee may not assign, l icense, subl icense, rent, sell or transfer the L icense, the Service, those codes used to access the Service, or any rights under this Agreement. To access the Service, Licensor will provide Licensee with up to five (5) unique user name(s) and password(s). Additional users pass codes may be obtained at an additional annual fee as outlined in Exhibit A, attached hereto and incorporated by reference.
2. Ownership: L icensee also agrees that it shall not duplicate, translate, modify, copy, printout, d isassemble, decompile or otherwise tamper with the Service or any software provided. The Licensee's L icense confers no title or ownership in the Service or its underlying technology.
3. Copyright: L icensee understands and agrees that United States copyright laws and international treaty provisions protect the Service. Except for the limited License provided for herein, Licensor reserves all rights in and to the Service and all underlying data, compilations, and information maintained by Licensor relating to the Service, including but not limited to, the source or object code. L icensee shall not make any ownership, copyright or other intellectual property claims related to the Service or data processed through the Service.
4. Functionality: The Service provides Licensee the ability to access pre-defined geographically selected calling areas or listed databases via an Internet-based software application. The Service has the ability to select calling databases via a geographic mapping component. L icensee's database(s) shall be limited by Licensor to the geographic boundaries (determined by Lat/Lon coordinates) of the McLeod County, Minnesota. The Service will also allow L icensee to utilize an interactive voice response telephone service to record messages and initiate call out projects. L icensee may only place calls via the system to telephone numbers assigned within the 48 contiguous United States of Amer ica. International call rates may be set by separate agreement. Any additional Service functions will be charged at the rates on Exhibit A.
5. Costs for the Service: During the Term of this Agreement, L icensee agrees to pay all costs and fees for utilizing the Service, as described in Exhibit A , and as set forth in this paragraph. L icensee understands and agrees that it will purchase prepaid minutes for the Service ("System Minutes"). L icensee further understands and agrees that whenever L icensee utilizes the Service, the actual calling minutes used by L icensee while utilizing the Service will be deducted from the balance of System Minutes remaining in L icensee's System Minutes account or bank. Licensee is responsible to maintain, at all times, a sufficient balance of System Minutes on account. Payment for the Service or System Minutes is due and payable upon receipt of invoice (ROI). Finance charges at a rate of 1% per month (12% per annum) will be
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charged on all balances outstanding beyond 60 days. All payments due under this Agreement shall be paid to: Emergency Communicat ions Network, L L C at 9 Sunshine Blvd., Ormond Beach , FL 32174. L icensee understands and agrees that the prices set forth on Exhibit A are not final until this Agreement has been fully executed, and that it is at the Licensor's discretion to honor such prices in the event this Agreement has not been returned to the Licensor within 90 days from the date this Agreement was drafted for the Licensee.
6. Free Testing and Training Minute Blocks: L icensee is allotted free time on the system which runs the Service for the purpose of testing and training. L icensee understands and agrees that the following conditions must be met in order for Licensee to utilize the free minute bank specified in Exhibit A:
a) Minutes used for testing and training will be deducted from Licensee's minute bank at the time of using the Service;
b) L icensee must notify Licensor in writing within 60 days from the date the Service was used for testing or training, specifying qualified project(s) and minutes used, to request that such minutes be designated as free minutes and restored to the minutes that were deducted from Licensee's System Minute bank. L icensee understands and agrees that, if L icensee fails to notify Licensor within 60 days of the use of the Serv ice, the minutes used will not be eligible for restoration as free minutes, and will remain deducted from Licensee's System Minute bank as described above;
c) Any unused minutes are not transferable, and shall only roll over by written agreement; and
d) Licensor will have the final right to deem all free calling minutes eligible or ineligible for reimbursement under this paragraph.
7. Term of Service Agreement: This Agreement and the License extended herein will continue for a period of one (1) year and two hundred seventy five (275) days (the "Initial Term") beginning on April 1, 2013. This Initial Term is to bridge an immediate need for the Service and create an annually renewable payment to fit the local fiscal year billing cycle. On the date this Agreement terminates, L icensee will forfeit all Prepaid System Minutes remaining on account.
8. Contract Extension: Upon completion of the Initial Term or any Renewal Term (as hereinafter defined), the term of this Agreement will extend for additional one-year periods (each a "Renewal Term"). This contract extension provision will continue to extend the Agreement by one additional year at the end of each Initial Term or Renewal Term. Either party may cancel this renewal provision by submitting written notice to the other no less than 30 days prior to the end of the then-current Initial Term or Renewal Term.
In the event the Agreement is renewed, such renewal shall trigger the following events on January 1st of each year, commencing as of January 1, 2014
a) L icensee's System Minute bank will be replenished to the original 50,000 minute balance;
b) Licensor will update its systems to extend the active software l icense and associated access codes for one additional year of use;
c) Licensor will invoice L icensee for one additional year of Service at the rate of fourteen thousand one hundred seventy five dollars ($ 14,175.00); a n d ,
d) L icensee agrees to pay the additional fee set forth in this paragraph for each Renewal Term upon receipt of invoice from the Licensor, subject to the terms set forth in paragraph 5.
9. Minute Bank Refill Feature: The parties recognize that L icensee may utilize the Serv ice in a manner that results in L icensee exceeding the amount of prepaid System Minutes in L icensee's System Minute bank. In the event that using the Service completely exhausts L icensee's remaining prepaid System Minute bank, Licensor will immediately refill L icensee's System Minute bank with a block of 5,000 System
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Minutes, and will invoice Licensee for this block of minutes at the Additional System Minute price as indicated in Exhibit A. L icensee shall pay Licensor for all Additional System Minute blocks upon receipt of invoice from Licensor, subject to the same terms as set forth in paragraph 5. L icensee understands and agrees that it is required to maintain a System Minutes balance in its System Minutes bank at all times, and agrees to purchase Additional System Minute blocks as needed in order to maintain a positive System Minute balance. The purpose of this refill feature is to ensure that calls being placed via the Service are not interrupted as the result of L icensee's depletion of its Sys tem Minutes.
10. Appropriate Use of The Service: To access the Service, Licensor will provide L icensee with unique user name(s) and password(s). L icensee agrees to maintain such user name(s) and password(s) as private and confidential information. L icensee agrees to use the Service in a way that conforms with all applicable laws and regulations. L icensee agrees not to initiate a call, such that the same call is to be delivered to two (2) or more lines of a business. L icensee specifically agrees not to make any attempt to gain unauthorized access to any of Licensor's systems or networks. L icensee agrees that Licensor shall not be responsible or liable for the content of the message(s) created by L icensee, or by those who access the Service using L icensee's codes, or otherwise delivered by the Service on behalf of Licensee. L icensee agrees to defend, indemnify and hold harmless Licensor and its affiliates, employees, officers, directors, managers, members and agents from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, whether brought by a third party, arising from any violation of this Agreement by L icensee; from the content, placement, or transmission of any messages or materials sent or maintained through L icensee 's accounts, or use of the Service through Licensee's account. Licensee shall be responsible for compliance with all applicable laws regarding outbound telemarketing, which may include, but are not limited to the Federal Telephone Consumer Protection Act of 1991, The Telemarketing and Consumer Fraud and Abuse Prevention Act of 1999 and the rules and regulations promulgated thereunder, as well as State and Local telemarketing laws and requirements. L icensee will be solely responsible and liable for any such violations and shall defend, indemnify and hold Licensor harmless from all lawsuits, demands, liabilities, damages, claims, losses, costs or expenses, including attorneys' fees (whether by salary, retainer or otherwise), arising out of or resulting from, in whole or in part, a violation of such laws.
11. Security: Licensor will use commercially reasonable practices and standards to secure and encrypt data transmissions. L icensee understands and acknowledges that Licensor is providing the Service on the World Wide Web through an "upstream" third party Internet Service Provider, utilizing public utility services which may not be secure. L icensee agrees that Licensor shall not be liable to L icensee in the event of any interruption of service or lack of presence on the Internet as a result of any disruption by the third party Internet Service Provider or public utility. L icensee agrees that Licensor cannot guarantee the integrity of any L icensee supplied or user supplied data. Any errors, duplications, or inaccuracies related to L icensee or user supplied data will be the responsibility of the L icensee.
12. Representations and Warranties: L icensee acknowledges and agrees that: (a) the Service is run by software that is designed to be active 24 hours per day, 365 days per year; software in general is not error-free and the existence of any errors in L icensee's software used in conjunction with the Service shall not constitute a breach of this Agreement; (b) in the event that L icensee discovers a material error which substantially affects L icensee's use of the Service, and L icensee notifies Licensor of the error, L icensor shall use reasonable measures to restore access to the Service, provided that such error has not been caused by incorrect use, abuse or corruption of the Service or the Service's software or by use of the Service with other software or on equipment with which it is incompatible by L icensee or a third party access ing the Service through Licensee's passcodes; (c) L icensee is responsible for maintaining access to the Internet in order to use the Service; Licensor in no way warrants L icensee's access to the Internet via L icensee's Internet Service Provider(s); (d) Under certain rare instances not all technologies are compatible without manual intervention by both parties. L icensee agrees that its staff will cooperate with Licensor's staff to make necessary modifications to allow the Service to perform; and (e) the individual signing on behalf of L icensee is an authorized officer, employee, member, director or agent for L icensee and has full authority to cause Licensee to enter into and be bound by the terms of this Agreement and this Agreement fully complies with all laws, ordinances, rules, regulations, and governing documents by which L icensee may be bound.
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13. Disclaimer: In no event (even should circumstances cause any or all of the exclusive remedies to fail their essential purpose, and even if Licensor has been advised of the possibility of such damages) shall Licensor, its officers, directors, managers, members employees or agents, be liable for any indirect, punitive, special , incidental or consequential damages of any nature (regardless of whether such damages are alleged to arise in contract, tort or otherwise), including, but not limited to, loss of anticipated profits or other economic loss in connection with or ensuing from the existence, furnishing, function, or L icensee's use of any item or products or services provided for in this Agreement. L icensee understands that the cumulative liability of Licensor for any and all claims relating to the Service provided by Licensor shall not exceed that total amount paid by Licensee for the most recent payment made by Licensee to Licensor. The Service is provided as-is, and Licensor disclaims all warranties, express or implied, and does not warrant for merchantability or fitness of a particular purpose. L icensee recognizes that once email and text messages have been released from Licensor's equipment, the ultimate delivery of the messages depends on the message recipient's local network. A s a result Licensor cannot guarantee the delivery of email and text messages to a recipient.
14. Confidentiality: Licensor acknowledges the confidential nature of L icensee and user supplied data and files that it is to prepare, process or maintain under this Agreement, and agrees to perform its duties in such a manner as to prevent the disclosure to the public or to any persons not employed by Licensor, any confidential data and files. Data collected by Licensor will remain secured on Licensor's equipment and will only be released upon mutual agreement by both parties or a court order of sufficient jurisdiction. L icensee understands and agrees that private citizens and other persons in the Call ing Area may voluntarily contribute their contact information to be used in the Service, and that Licensor shall develop and maintain a database of such information, along with other information privately developed by Licensor (the "Data"). L icensee acknowledges and agrees that Licensor desires to maintain the privacy of the Data, and that L icensee shall take no steps to compromise the privacy of the Data. L icensee further acknowledges that Licensor shall disclose to L icensee certain confidential, proprietary trade secret information of Licensor (along with the Data, "Confidential Information"). Confidential Information may include, but is not limited to, the Service, computer programs, flowcharts, diagrams, manuals, schematics, development tools, specifications, design documents, marketing information, user data, Call ing Area data, financial information or business plans. L icensee agrees that, at all times during and after the termination of this Agreement, L icensee will not, without the express prior written consent of Licensor, disclose any Confidential Information or any part thereof to any third party. Nothing in this Agreement will be deemed to require Licensor to disclose any Confidential Information to L icensee or to prohibit the disclosure of any information in response to a subpoena or other similar order by a court or agency. The L icensee will promptly notify the Licensor of the receipt of any subpoena or other similar order and of any request under the Publ ic Information Act or any other similar law, and will assist Licensor in preventing the disclosure of the Confidential Information pursuant to same to the extent required by Licensor.
15. Termination: L icensee or Licensor may terminate this Agreement at the completion of the Initial Term or the then-current Renewal Term by providing Licensor with no less than 30 days advance written notice prior to the end of the Term. L icensee understands and agrees that failure to provide notice as set forth herein shall result in automatic renewal. Upon termination of this Agreement, L icensee will return all Confidential Information (as hereinafter defined) and copies to Licensor. Licensor, in its sole discretion, may also terminate this Agreement: a) for any reason by providing no less than 30 days advance notice, and in such case, Licensor will refund to L icensee an amount equal to the lesser of the monthly-prorated balance of the annual fee based on the number of days left in the term of the Agreement or the value of the balance of System Minutes in L icensee's System Minute bank as calculated by multiplying the remaining System Minutes by the additional system minute price on Exhibit A; or b) immediately, and without further notice, as a result of L icensee's breach of this Agreement, and in such case, no fees paid hereunder shall be refunded. Upon termination, L icensee agrees to remove from Licensee's computer(s), and any computers within L icensee's control, any and all files and documents related to the Service.
16. Entire Agreement: This Agreement supersedes all prior understandings or agreements, whether oral or written, on the subject matter hereof between the parties. Only a further writing that is duly executed by both parties may modify this Agreement. The terms and conditions of this Agreement will govern and
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supersede any additional terms provided by Licensee, including but not limited to additional terms contained in standard purchase order documents and third party application terms, unless mutually agreed to, via written signature, by Licensor. The terms of this Agreement shall not be waived except by a further writing executed by both parties hereto. The failure by one party to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall any waiver under this Agreement constitute a waiver of any subsequent action.
17. Notices: All notices or requests, demands and other communications hereunder shall be in writing, and shall be deemed delivered to the appropriate party upon: (a) personal delivery, if delivered by hand during ordinary business hours; (b) the day of delivery if sent by U.S. Mail , postage pre-paid; (c) the day of signed receipt if sent by certified mail, postage pre-paid, or other nationally recognized carrier, return receipt or signature provided and in each case addressed to the parties as follows:
A s to Licensor: Emergency Communicat ions Network, L L C , 9 Sunshine Blvd. Ormond Beach, FL 32174
As to Licensee: McLeod County, Attn: Kevin Mathews/Emerqency Management Director, 801 East 10th Street, Glencoe, MN 55336
Either party may change the address provided herein by providing notice as set forth in this paragraph.
18. General: Each party to this Agreement agrees that any dispute arising under this Agreement shall be submitted to binding arbitration according to the rules and regulations of, and administered by, the American Arbitration Associat ion, and that any award granted pursuant to such arbitration may be rendered to final judgment. If any dispute arises hereunder, the prevailing party shall be entitled to all costs and attorney's fees from the losing party for enforcement of any right included in this Agreement, whether in Arbitration, a Court of first jurisdiction and all Courts of Appea l .
19. Interpretation and Severability: In the event any provision of this Agreement is determined by an arbitrator or court of competent jurisdiction to be void, the remaining provisions of this Agreement shall remain binding on the parties hereto with the same effect as though the void provision(s) had been limited or deleted, as applicable.
20. Counterparts and Construction: This Agreement may be executed in counterparts, each of which shall constitute an original, with all such counterparts constituting a single instrument. The headings contained in this agreement shall not affect the interpretation of this Agreement and are for convenience only. L icensee agrees that this Agreement shall not be construed against the Licensor as the drafter, and that L icensee has read and understands this Agreement, and had the opportunity to review this Agreement with legal counsel .
21. Survival: Certain obligations set forth herein represent independent covenants by which either party hereto may be bound and shall remain bound regardless of any breach of this Agreement and shall survive termination of this Agreement.
IN WITNESS WHEREOF, the parties execute this Agreement on the date(s) indicated below.
Licensee: McLeod County, Minnesota Licensor: Emergency Communications Network, LLC
By: By:
Printed Name: Printed Name:
Title: Title:
Date: Date:
Emergency Communications Network, LLC
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Exhibit A - Service Charges
Initial block purchase(s) of Prepaid System Minutes:
One (1) year, two hundred seventy five (275) day C o d e R E D Service Agreement 10% Discount
Total
Payments for initial term due in two (2) installments as follows:
$10,679.80 prior to the initiation of the Service $14,175.00 on or before January 1, 2014
Initial two hundred seventy five (275) day period will include 37,671 C o d e R E D System Minutes. Each subsequent term will Include up to 50,000 Annual C o d e R E D System Minutes
Additional System Minutes
500 minutes for testing and training
Email and Text Messaging
Up to 5 C o d e R E D user pass codes
Initial Residential Database Upload
One (1) C o d e R E D distance training session
$27,616.44 ($ 2,761.64)
$24,854.80
$ Included
$ 0.33 per minute
$ No Charge (see section 6)
$ No Charge
$ Included
$ Waived
$ Included
System usage will be charged against Prepaid System Minutes at actual minutes of time connected while delivering prerecorded System calls. All calls will be billed in 6-second increments. Only connected calls (live connections, answering machine connections and fax tone connections) will result in connection charges being incurred.
Additional Pass codes may be purchased for an annual fee of $150.00 per pass code.
Database Accuracy Updates
Licensor Supplied Database: "Database Accuracy Updates" ensure that the data population maintained by Licensor under this Agreement undergoes periodic accuracy checks using the Licensor's most current in-house compiled database including, but not limited to, household addresses and telephone numbers. It will be the sole responsibility of the Licensee to maintain database accuracy and request updates from the Licensor.
One annual "Database Accuracy Update" will be performed by the Licensor upon request by the Licensee at no charge. Additional updates requested by Licensee will incur charges at the rate listed below after the update service is completed by Licensor.
3g per record in final updated database population.
Licensee Supplied Database: A service labor fee of One Hundred Dollars ($100.00) per hour will be billed to Licensee for any data importing, manipulating, and loading any database supplied by Licensee or on L icensee's behalf to Licensor.
$100 per hour for database maintenance
Annual System Maintenance, including all Software Upgrades $ No Charge
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CodeRED® Weather Warning Service Addendum
This is an Addendum to the C o d e R E D Serv ices Agreement ("Agreement") entered into by and between McLeod County (hereinafter "Licensee") a body politic of the State of Minnesota, located at 801 East 10t h Street, Glencoe, MN 55336 and Emergency Communicat ions Network, L L C (hereinafter "Licensor"). In consideration of the promises set forth herein and outlined in the Agreement, L icensee and Licensor agree to amend the C o d e R E D Serv ices Agreement in the following manner:
1. Terms used herein which are not otherwise defined shall have the meanings given to them in the Agreement.
2. The following terms shall be added to the original C o d e R E D Serv ice Agreement:
CodeRED® Weather Warning Service: Licensor's C o d e R E D Weather Warning Service ( C R W W ) expands the benefits of the C o d e R E D service to include the automatic launching of prerecorded Weather Warning call-out projects to L icensee approved subscribers. These automated call-outs are initiated by the issuance of a Severe Weather Bulletin by the National Weather Service (NWS), with no intervention on the part of L icensee or Licensor. Cal l recipients are determined by matching the geographic locations associated with a database of opt-in subscribers against the geographic polygon(s) associated with Severe Weather Warnings issued by N W S .
CRWW Terms of Use:
Subscribers: Severe weather events can occur at any time of day or night. Accordingly, C R W W calls will automatically be launched in response to the issuance of N W S Bulletins at any time, 24 hours/day. Unlike the C o d e R E D service which is pre-populated with calling data for residential and business telephones, the C R W W service targets the telephone numbers of O N L Y those households and business that have C H O S E N to participate through an opt-in process. Residents and businesses within McLeod County, Minnesota who wish to receive the C R W W calls can add their name and geographic location to the C R W W subscriber database via the L icensee's C o d e R E D Residential Update Website. This site is hosted by Licensor for the purposes of allowing citizens to add their contact information to both the C o d e R E D database and the C R W W database via the Internet. Subscribers shall be subject to the terms and conditions of the C R W W service, which can be reviewed at:
http://www.coderedweb.com/codereddataentry/terms.cfm. O N L Y T H O S E CIT IZENS W H O O P T -IN T O T H E C R W W S E R V I C E WILL B E ELIGIBLE T O R E C E I V E W E A T H E R W A R N I N G C A L L S . L I C E N S E E M U S T A P P R O V E A L L S U B S C R I B E R E N T R I E S P R I O R T O THEIR BEING A C T I V A T E D A N D E N T E R E D INTO T H E C A L L I N G D A T A B A S E . All subscriber data is the sole and exclusive property of Licensor.
Limits on Calling Database: Cit izens are allowed to enter up to two (2) telephone contact numbers for each C R W W address. Only addresses falling within the geography covered under the C o d e R E D Serv ices Agreement are eligible to receive C R W W calls. L icensee is responsible for removing subscriber addresses that fall outside of their covered municipality prior to approving records via the on-line Residential Update approval process.
CodeRED Minute Bank Balance: Cal ls placed automatically via the C R W W Service have no effect on the minute bank balance associated with the C o d e R E D Serv ice. The additional fees (described below) for the C R W W Service include all minutes used in the delivery of all warning calls made during the term of this Addendum.
License: The C R W W Service is available only as an add-on service module for l icensees of the C o d e R E D Service. The C R W W service l icense will not be provided under the
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terms of this Addendum unless a current active Standard C o d e R E D Serv ices agreement is in effect.
COST FOR CRWW: L icensee shall pay to Licensor five thousand ninety eight dollars ($5,098.96) for the initial term of this Addendum, which shall coincide with the Initial Term of the Agreement, and be paid in two installments as follows:
$2,190.96 Installment one (1) due prior to the initiation of C R W W $2,908.00 Installment two (2) due on or before January 1, 2014
Thereafter L icensee shall pay five thousand eight hundred fifteen dollars ($5,815.00) for each success ive term of this Addendum, which shall coincide with any Renewal Term, and the full Term of the Agreement. Payment terms shall be identical to the terms contained in the original Agreement for the C o d e R E D Service. Pricing for C R W W is separate and independent from C o d e R E D Service Agreement pricing, and the C R W W service can be removed from the C o d e R E D Service by Licensee by providing 30 days written notice prior to the end of the then-current initial term or renewal term of the Agreement. L icensee will be notified of any price change for C R W W a minimum of 90 days in advance of annual renewal date.
TERM: The term of the C R W W Agreement shall commence as of the effective date of L icensee's C o d e R E D Serv ices Agreement and shall be for so long as Licensee maintains an active C o d e R E D Services Agreement and has paid the appropriate fees listed above. Upon termination of the C o d e R E D Serv ices Agreement, access to the C R W W system will terminate and Licensor shall terminate all individual subscriber accounts.
3. This Addendum shall not modify any terms and conditions of the Agreement, which shall remain in force and effect for the term of the Agreement.
MCLEOD COUNTY, MINNESOTA Licensee
EMERGENCY COMMUNICATIONS NETWORK. LLC Licensor
By:
Name:
Title:
Date:
By:
Name:
Title:
Date:
Page 2 of 2
McLeod County, Minnesota on February 1, 2013.
BRIAN CHOYKA REGIONAL SALES MANAGER
TEL 866 939 0911 x308 CELL 610 823 8846 EMAIL [email protected] WEB ecnetwork.com OFFICE 3500 American Blvd. West, Suite 300 Bloomington, MN 55431 9 Sunshine Blvd. Ormond Beach, FL 32174
Currently servicing 31 Counties in Minnesota
Emergency Communications Network
Emergency Communications Network, LLC (ECN) has developed affordable notification
services capable of reaching thousands of citizens in minutes. ECN has been in the
critical communications business for over a decade, pioneering technology that has
delivered more than a billion messages.
ECN’s Web-based product suite features three hosted solutions for municipalities:
• CodeRED® for community and staff notifications
• CodeRED Weather Warning™ for automated severe weather alerts
• MyDailyCall™ for checking on at risk individuals
Minnesota Testimonials:
“Finding a missing Mahtomedi woman is a great success for CodeRED. We’re using the
program on a weekly basis now.”
- Sheriff Bill Hutton, Washington County
“We firmly believe CodeRED is a huge benefit to the residents of this county.”
- Sheriff Jim Jensen, Dodge County
“Their prices are reasonable, their customer service is excellent and our community is
very happy. I’d recommend CodeRED to anyone.”
- Mike Thoemke, City of Saint Paul Public Works Administrator
“We have been utilizing the CodeRED system for over 10 years and without exception it
is one of the best in the country. We have had four declared disasters and used
CodeRED without any problems”
- Lieutenant Bryan Green, Clay County Emergency Management Director
“We can notify a lot of people in a short amount of time. We rely on CodeRED daily in
protecting and notifying our citizens during significant events.”
- Kurt Kuhlers, Houston County Emergency Management Director
CodeRED
The CodeRED solution was designed specifically to enable local government officials to
record, send and track personalized voice, email, text and social media messages to
citizens as well as staff. ECN employs proprietary mapping technology and patented
delivery methods as integral components of its high-speed notification system which has
been in operation since 1998.
CodeRED Mobile Alert app
This latest innovation in the public safety arena answers the question asked by Emergency
Managers nationwide, how do we communicate with people in our jurisdiction who
do not reside there, by providing a location based method to deliver CodeRED initiated
messages. The app tracks a subscriber’s position and sends push notifications to their
device when alerts are issued for the area they are in, this enables local officials to reach
those passing through their jurisdiction and also protects citizens when traveling outside
their local coverage area in any community that uses CodeRED.
Simple implementation. The CodeRED system is operational right now and is ready
for use today. With no equipment to install nor phone lines to add, authorized users
simply login to the CodeRED system with their password to begin. An initial calling
database and local maps are provided by Emergency Communications Network and are
instantly available to enable users to easily target residents and businesses by specified area.
Ease of use. The CodeRED system was designed to be easy to use even under the most
strenuous of conditions. Expecting use under pressure, ECN built the feature rich
interface with a simple three step process to initiate critical communications. Messages
may be launched by authorized users via telephone or the Internet, from anywhere at any
time.
Training and refresher courses are regularly provided via web seminar to ensure staff is
always comfortable with the system and confident in their ability to launch a notification.
Live client support. Available 24/7/365, the Operations Department at ECN staffed
by poised individuals thoroughly trained on all aspects of the CodeRED system. In
addition to handling inbound inquiries, the team monitors system activity as well as
weather and other news feeds to stay on top of developing situations, and when
appropriate, they reach out to clients to provide suggestions and support for system use.
Technology. ECN’s robust platform and sophisticated infrastructure include multiple
built-in redundancies to support thousands of jobs running simultaneously.
Proprietary, patented technology is used to ensure messages are delivered in their entirety
whether the call is picked up live by a person or an answering device. If a call is missed,
message recipients may simply dial the system back, toll-free, to hear the last message
delivered to their phone. This Universal ANI® feature is not only a convenience for
notification recipients, but also serves clients as it relieves inbound calling pressure on
often overworked emergency lines.
Further, ECN manages its entire network to maintain control over dialing and doesn’t
rely on third party, shared lines to place calls. This dedicated network ensures client jobs
launch immediately and do not have to be queued or compete for available phone lines
with other dialing priorities. And by eliminating dependence on third party Service Level
Agreements (SLAs), an entire layer of potential failure is removed.
Speed. ECN’s massive system capacity is able to transmit millions of messages an hour.
Each account is throttled and system resources are allocated to match local telephone
infrastructure, resulting in more connected calls, less network congestion and fewer busy
signals. The CodeRED system was built for use during time-sensitive situations, when what
matters most is communications getting through as quickly as possible.
Mapping. For use when messages need to be geographically targeted, the Web-based
mapping interface, written by ECN, is both intuitive and easy to use. CodeRED utilizes
ESRI mapping as a foundation and has created area selection tools that range from
polygons to simple paint brush tools, allowing users to quickly become familiar with the
map’s features. ECN hosts all components of the mapping interface, relying on no third
party providers.
ECN includes local mapping with the license of CodeRED, and additionally has the
ability to provide custom maps by using client supplied GIS layers, or by integrating client
supplied street layer mapping to the ESRI foundation. With CodeRED there is no
requirement for client communities to purchase GIS software and also no need to utilize
internal resources to host, maintain or update maps.
Calling data. Each client accesses a database which is populated by drawing from
multiple sources. All compiled data is verified and addresses are assigned lat/long
coordinates by ECN’s custom multi-layer geo-coding service.
ECN provides initial calling data for immediate use; this allows communities to be up on
CodeRED quickly. Data is acquired through various commercial sources and includes
residential and business data as well as some mobile phones and VoIP numbers. This data
is provided at no additional cost and serves as the foundation for each client’s database.
The middle data tier is supplied by the client. Communities using CodeRED typically
provide data from their local utilities as well as their 911 data. ECN geo-codes all client
supplied data as part of the database building process.
And finally, the most accurate layer of the pyramid is created by entries on the
Community Notification Enrollment (CNE) page. ECN provides a custom Web page for
each community that allows residents and businesses to directly submit additional calling
data, text and email addresses, as well as TDD/TTY requirements to further populate the
database. All information added to CNE is instantly available for use in CodeRED.
Validata®. The CodeRED database is scrubbed using the unique Validata process,
numbers that cannot be confirmed as valid are removed to create a cleaner, more efficient
calling list.
Internal use. The CodeRED system enables users to easily import data groups with up
to eight points of contact including text and email addresses. ECN developed this multi-
channel approach to internal communications as a way to ensure message consistency for
first responder notifications, critical incident call outs and official comment direction. With
a few clicks of the mouse multiple groups, an individual group, or specific group members
can quickly be contacted. Users select the best way to send alerts and can then verify that
the information was delivered rapidly and accurately.
Integrated Public Alert and Warning System (IPAWS). ECN, the first vendor
to successfully submit a job into the IPAWS program, has developed a Message
Origination application within CodeRED for launching IPAWS messages. This
functionality is made available to individuals who are authorized to use IPAWS and opens
up a new communication channel as an Alert Disseminator in support of the FEMA
program. (fee associated)
Affordability. ECN has priced its CodeRED solution to be cost-effective. There are no
set-up fees to pay, no equipment to buy, no phone lines to lease and no annual
maintenance is required. System time, training and support, initial calling database,
mapping, integration of client supplied data and database clean-up are all included.
ECN’s pricing structure is calculated based on population and is designed to be FEMA
friendly to help communities qualify for reimbursement when eligible.
Currently used every day by clients from coast to coast. To find out why the
CodeRED high-speed notification solution is selected by your colleagues time and again,
we would be pleased to provide a list of clients who use CodeRED, you can hear directly
from them the advantages of the system.
Cost Proposal (PRICING GOOD FOR 90 DAYS FROM 2/1/2013)
The Web-based CodeRED® service, from Emergency Communications Network, LLC
(ECN), was designed specifically to enable local government officials to record, send and
track personalized voice, email, text and social media messages to thousands of citizens in
minutes. ECN’s dedicated, triple redundant network is capable of sending critical
communications at maximum throughput (as determined by local telephone infrastructure).
The proprietary mapping technology and patented delivery methods employed by ECN add
to the value of this affordable, high-speed notification system that has been in operation
since 1998 and is currently used every day by clients from coast to coast.
A one (1) year license includes 24/7/365 uninterrupted CodeRED system
access and the following
• CodeRED system set-up and training • 50,000 system minutes, replenished annually • Unlimited smtp text, email and social media messaging • Initial residential and business calling database supplied by ECN • Integration and geo-coding of customer supplied data (911 data, utility data, etc.) • ECN standard mapping and geo-coding • 24/7 technical support • Complimentary system time for testing and training • Design and hosting of custom web page for community enrollment
$14,175 = Discounted Annual Cost (based on 2010 U.S. Census Population of 36,432)
A further discount may be obtained by committing to an extended contract term.
Thank you for the opportunity to present CodeRED and submit this cost proposal. If
you have any questions, please feel free to contact me.
warning product was built to alert citizens in the path of severe weather. Developed on the
same calling network infrastructure as the CodeRED solution for community notification
and tapping into the National Weather Service’s Storm Based Warnings, CodeRED
Weather Warning automatically sends messages to affected citizens moments after a severe
thunderstorm, flash flood, tornado, tsunami* or winter storm* warning has been
issued.
*Tsunami and winter storm warnings are only available to those regions prone to such conditions.
A one (1) year add-on contract for CodeRED customers includes
• CodeRED Weather Warning system set-up • Free one time use of the CodeRED system
○ A community-wide call will be made to introduce the weather warning product and direct citizens to sign up to receive alerts
• Unlimited severe weather warnings: 24 hours a day, 365 days a year • Detailed call statistics • Design and hosting of custom web page for community enrollment
3 3 Months Premium Support, Pro-rated cost difference on remaining support (expiry 2013-4-18) Exinda - Part#: EX-4761-100-PM Note: new expiry will be 2014-04-18
1 $245.00 $245.00
4 2GB RAM for 4061 Exinda - Part#: EX-RAM-4061-2GB
Region 6E Family Homeless Prevention and Assistance Program Resolution WHEREAS, the Minnesota Housing Finance Agency has made available Family Homeless Prevention and Assistance Program grant monies to encourage and support innovation at the local level in redesigning the existing support system to homelessness, and WHEREAS, Region 6E service providers who administer programs that address families crisis needs have identified gaps within the service delivery system, and WHEREAS, Region 6E service providers who administer programs that address families crisis needs have identified strategies to address identified service gaps, WHEREAS, Region 6E service providers wish to continue to work together to coordinate their services and improve the service delivery system, WHEREAS, Heartland Community Action Agency desires to make an application on behalf of the area service providers for funds to address these identified problems,
NOW THEREFORE BE IT RESOLVED that the County of agrees to support Heartland Community Action Agency in its application and implementation of the proposed Family Homeless Prevention and Assistance Program.
Adopted by the County Board of Commissioners the 5th Day of March 2013.
ACCEPTABLE USE FOR COMPUTER AND NETWORK SYSTEMS POLICY STATEMENT
Employees shall follow procedures to ensure compliance with data security, data privacy, and software licensing and to ensure efficient and effective operations. This policy is designed to provide guidance regarding the acceptable use of the County’s computers, network systems, including internet and email use. COUNTY OVERSIGHT
a. The County is the sole and exclusive owner of the computer systems and data. b. County-owned equipment cannot be used by anyone other than County employees and for
any purpose other than County business unless otherwise stipulated by the Information Technology Department.
c. The County and its individual department heads reserve the right to: 1. Use any means available to access, inspect, review, and monitor its systems and data. 2. Override any passwords and access codes.
d. Users must be aware of compliance with data privacy laws. e. Users do not have an expectation of privacy when using County computer systems. f. Users will be subject to discipline procedures as contained in the McLeod County Personnel
Policy or applicable labor agreement for violations of this Policy. USER ACCOUNTS AND PASSWORDS
a. All users are required to have an account that uniquely identifies them. The Information
Technology Department will create and maintain user accounts, and control group membership for gaining access to the County network, systems and computers.
b. User Account Logon Names shall not be shared or used by others. c. Passwords shall be kept private and will expire in a time period specified by the Information
Technology Department. The supervisor shall be notified if it is thought that a password is being used inappropriately by another person.
d. Inactive User Accounts shall be reported to Information Technology Department or as discovered, to be immediately disabled/removed from the system without notice.
USE OF COMPUTERS, NETWORK DEVICES AND TELECOMMUNICATION EQUIPMENT
a. Computer users shall ensure that workstations are secured when unattended by performing
the lock computer process or logging off. b. Computer users shall shut down their workstation at the end of each workday unless directed
to do otherwise by the Information Technology Department. c. Computer users shall, on an ongoing basis, delete or remove their inactive data files. Unless
authorized, users are prohibited from deleting or removing files created by others. d. Computers and non-portable networked devices (i.e. printers, copy machines, etc.) shall not
be moved without approval from the supervisor or department head and the Information Technology Department.
e. Employees will be granted remote access to the County Network if their job responsibility requires them to perform duties off-site, provided that the department purchases the required equipment.
f. McLeod County employees will not be granted telecommuting (working from a home office) privileges.
g. Use of the Internet and email during working hours shall be related to work responsibilities and the internet shall not be used for casual "surfing". Usage shall be limited to web sites that are work related.
h. Prohibited websites and email content shall include, but not be limited to, adult entertainment, sexually explicit material, websites or emails promoting violence or terrorism, gambling, illegal use of a controlled substance(s) and intolerance of other people/ races/religions or other protected class status.
i. Use of computer equipment, internet, email and telecommunication equipment, for personal use, must be kept to a minimum. Furthermore, such usage shall occur only during the employee's personal non-work time and must not interfere with County business.
j. No outside equipment shall be connected to the County’s computers or network systems without the permission of the Information Technology Department.
SOFTWARE
a. Employees shall not install software on County computer systems. Installation of software
on County computer or network systems is the responsibility of the Information Technology Department.
b. The Information Technology Department will not load personally owned software on County devices.
c. No third party files or computer programs (data or programs not acquired through the County's formal purchasing process) shall be transferred to a County computer from outside the County without first being scanned for computer viruses.
d. Software outside that of the standard approved software requires written consent from the department head and the Information Technology Director prior to being installed.
e. The Information Technology Department will notify the Department Head before removing unauthorized software and/or software that is out of license compliance.
f. Employees shall comply with all requirements of software licensing agreements. g. The Information Technology Department shall be notified when a virus is detected. h. The Information Technology Department shall be responsible for the ongoing distribution of
up-to-date virus scanners on County computers and network systems. i. All software system disks and installation instructions shall be retained and secured by the
Information Technology Department. j. The Information Technology Department shall maintain a record of all licenses purchased for
applications residing on file servers and central processors. The Information Technology Department shall ensure license compliance.
k. Each department shall be responsible for enforcing software licensing agreements that are unique to their department.
EMAIL
a. Users may not send any confidential information via email without proper encryption. An
encryption solution is provided by the Information Technology Department.
b. If a document is designated as confidential, the confidential status may not be changed via email. c. Use of non-county email accounts (email addresses other than @co.mcleod.mn.us) to conduct
official county business is prohibited unless approved by the Information Technology Department. If approved, use of these accounts is subject to McLeod County policies.
d. Manual or auto-forwarding county email to personal email accounts is prohibited. e. No user may send an email over the size limit set by the Information Technology Department. f. All email that is required to be maintained must be moved to some other form of storage (i.e.
saved to an available network drive, electronic document management system, etc.). g. No user may send a restricted email attachment. h. Each user’s email box size will be limited to a reasonable amount of space as determined by the
Information Technology Department. Email box sizes will be set and reviewed as needed. i. Restrictions will be imposed on the use of local archives by Information Systems. j. Access to email will be provided in the following ways:
a. Client software installed on county computer systems connected to the county network. b. Secure web access client (for access when not on the county network). c. Smartphone or tablet devices synchronizing permitted as defined in the portable devices
section of this document as well as sign off with the form in Appendix B. EMAIL RETENTION
a. Email is a communication tool. It is temporary storage location for sending and receiving
information. b. All messages in trash will be deleted if they are in the trash longer than 90 days. c. All messages in sent mail will be transferred to trash if they are older than 90 days. d. All messages in junk will be deleted if they are in the junk longer than 30 days. e. Email servers are not backed up on any fixed schedule; any backups are for technical purposes
only and are not for individual data recovery. f. Data protection is not provided for any form of local archives.
EMAIL SECURITY
The following types of security will be implemented to protect the email system:
a. Multi-tier virus filtering – messages detected to have a virus will be deleted. No notification will be sent to the sender or the recipient(s).
b. Spam filtering – messages will be scored and processed based on their score; messages may be deleted, placed in end-user quarantine, or delivered with a subject line rewrite. Blacklist and white list requests will be considered on a case by case basis.
c. Multi-tier attachment filtering – restricted attachment types will be deleted and the message returned to the sender.
d. Users that have been granted access to McLeod County’s email system are required to authenticate to the system with their unique credentials.
PORTABLE DEVICES
a. Portable devices include, but are not limited to, laptops, netbooks, smartphones and tablets.
b. The employee, while performing County work off-site on a County owned portable device and at the direction of their department head/supervisor, shall be considered working for the County and must therefore be in compliance with County personnel policies.
c. The employee shall take reasonable care to safeguard the portable device from extreme heat, extreme cold, damage, or theft and shall also ensure compliance with data privacy laws by taking reasonable steps to secure the data on the portable device.
d. McLeod County may, at any time, deny an employee use of a portable device or may block access from the device to any or all services including the County’s network.
e. If a portable device is lost, stolen or damaged, the user must immediately notify their department head or supervisor who then must notify the Information Technology Department.
COUNTY BUSINESS PERFORMED ON NON·COUNTY-OWNED DEVICES
a. County-owned data files and/or licensed software shall not be transferred to non-County-owned
devices by County employees without the approval of the department head and the Information Technology Department.
b. The employee shall ensure compliance with data privacy laws by taking reasonable measures to secure the data on the devices.
c. County-owned data and/or licensed software shall be purged from the device upon task completion.
d. Non-County owned laptop or desktop computers are not approved for synchronizing with County systems.
e. Non-County owned tablets, cellular phones, and smartphones must meet the requirements of and be compatible with the County’s approved and supported synchronizing software. Non-County owned tablets, cellular phones, and smartphones will not be allowed to be used as a modem for internet access (tether) to a County computer system.
f. Users of compatible tablets, cellular phones, and smartphones that wish to synchronize with County systems must complete Appendix B, User Synchronization Agreement.
ACQUISITION AND MAINTENANCE OF TECHNOLOGY ITEMS
a. All technology purchases must be approved by the Information Technology Department prior to
execution of the purchase and shall be configured, installed, and maintained by the Information Technology Department.
b. All technology items that interface with the County’s computer or network systems, including but not limited to, network devices, desktop computers, laptop computers, printers, plotters, copy machines, software, smartphones, and tablets, shall be purchased by the County or a collaborating government agency and shall be used for the purposes of conducting County business. This does not include keyboards and mice that are certified Microsoft compatible.
c. The Information Technology Department will not support and maintain County employee’s personal devices or internet connections from personal homes.
d. Exceptions may be granted by completing Appendix C, Risk Acceptance Signoff.
Appendix A: Acceptable Use Agreement for Computer and Network Systems
MCLEOD COUNTY
To: All County Employees
From: McLeod County Board of Commissioners
Subject: Employee Agreement for Usage of Computer and Network Systems
Prior to being afforded the privilege of using any County computer system and/or accessing any computer system data, all County employees are required to review and agree to comply with the Acceptable Use for Computer and Network Systems section in the McLeod County Personnel Policy. I have read and agree to follow the Acceptable Use for Computer and Network Systems section of the McLeod County Personnel Policy. I acknowledge that I do not have an expectation of privacy when using County computer systems and I may be subject to discipline for violations of the Acceptable Use
for Computer and Network Systems policy. ______________________ ____________________________________ Date Employee Signature
____________________________________ Print Name
ORIGINAL: Completed Agreement kept with employee’s Department Head cc: Employee
Appendix B: User Synchronization Agreement for synchronizing non-County owned tablets, cell
phones, or smartphones with McLeod County computer or network.
I agree to the following regulations as a requirement to synchronize my non-County owned device, such as a tablet, or smartphone, with a McLeod County computer or network:
a. I understand that if I have a non-County owned device that it is my responsibility to select a model that meets the requirements of and is compatible with the County’s approved and supported synchronization software. There is no guarantee that by meeting the requirements, that the synchronization software will work with a non-county owned device.
b. I understand that if I have a non-County owned device that McLeod County’s support responsibilities end with initial configuration settings of my device.
c. I understand that McLeod County is not responsible for upgrades that cause my non-County owned device to no longer synchronize with a McLeod County computer or network.
d. I understand that if the device is lost or stolen I must immediately notify my department head and/or supervisor who then must immediately notify the Information Technology Department.
e. I understand that if the device is lost or stolen that it must be erased remotely either by myself (the user, using web interface) or the Information Technology Department (administrative interface).
f. I have read and agree to follow the McLeod County Cellular Telephone Policy.
g. As a requirement for synchronization to be configured, I understand that I must provide the necessary information to the Information Technology Department.
h. I understand that if the status of my device changes, I must notify the Information
Technology Department and my Department Head.
i. I have read and agree to follow the Acceptable Use for Computer and Network Systems section of the McLeod County Personnel Policy.
j. Failure to comply with this agreement may result in cancellation of synchronization
privileges with a McLeod County computer or network. _______________________________________________ _______________ Employee Signature Date _______________________________________________ _______________ Department Head Signature Date _______________________________________________ _______________ Information Technology Director Date ORIGINAL: Completed Agreement kept with employee’s Department Head cc: Employee Information Technology Director
Appendix C: Risk Acceptance signoff for exception(s) to the Acceptable Use for Computer and Network
Systems Policy. I acknowledge that I am asking for and receiving an exception to the Acceptable Use for Computer and
Network Systems policy for a person(s) in my department and will fully accept the security risk and responsibility associated for any technical issues or data exposure created by the exception: a. I understand that if I have asked for a person(s) in my department to have an account with elevated
privileges to work with Vendors to upgrade and troubleshoot applications solely in my department, there is a risk of causing issues with the computer(s) and system(s). I also understand that this exception does not allow said user to load any new application without prior discussion with the Information Technology Department.
b. I understand that if I have asked for a person(s) in my department to have an account with elevated
privileges to reset passwords and unlock network accounts there is an increased risk of causing issues with the accounts.
c. I understand that if I have asked for a person(s) in my department to have an account with elevated
privileges to add or delete people from access groups solely for my department there is a risk of users gaining access to confidential information.
d. I understand that if I have asked for an exception to the password expiration time period on an account there is a higher risk of unwanted users gaining access to critical data.
e. I have read and agree to follow the Acceptable Use for Computer and Network Systems section of the
McLeod County Personnel Policy with the exception stipulated below. f. Failure to comply with this agreement will result in cancellation of any and all exceptions to the
Acceptable Use for Computer and Network Systems policy _______________________________________________ Exception Requested _______________________________________________ _______________ Department Head Signature Date _______________________________________________ _______________ Information Technology Director Date ORIGINAL: Completed Agreement kept with Department Head cc: Employee
Information Technology Director
Find Out at the Transportation Alliance
42n d Annual Washington Fly-In
June 4 - 6 , 2013
NEW THIS YEAR - The M N Transpor ta t ion A l l iance A n n u a l DC Fly-in event of fers a un ique oppor tun i t y to
par t ic ipant w i th the Amer i can Road and Transpor ta t ion Bui lders Assoc ia t i on (ARTBA) on
Tuesday, June 4 t h at the
Hyatt Regency Wash ing ton (see preliminary agenda below).
Checkout your airfare options early; and please,
let us know if we can be of assistance.
Check back here www.transportationalliance.com for online registration
Tuesday,June 4
2:00 P M : Registration Desk Opens - L'Enfant Plaza Hotel
2 : 3 0 - 5 : 0 0 P M : ARTBA Transportation Construction Coalit ion (TCC) Legislative Briefing -Hyatt Regency
5 : 3 0 - 7 : 3 0 P M : TCC Capi to l Hil l Recept ion -(Location to be Determined)
Wednesday, June 5
8 : 3 0 - 1 0 : 3 0 A M : Breakfast wi th the Minnesota Congressional Delegation, Rayburn House Office BIdg.
A p p p o i n t m e n t s on the Hill - We ' l l set appo in tments for you
5 : 0 0 - 7 : 0 0 P M : Recep t ion and P rog ram, Rayburn House Office BIdg.
Thursday, June 6
8 : 0 0 - 9 : 0 0 A M : Breakfast wi th Update on Minnesota Transportation Action, L'Enfant Plaza Hotel
Kathy Jensen Events Coordinator Minnesota Transportation Alliance 525 Park Street, Ste. 240 Saint Paul, M N 55103-2106 Phone: 651/659-0804/Fax: 651/659-9009 kathyfKHransportationalliance.com www.transportationalliance.com
4 2 N D ANNUAL WASHINGTON D C FLY-IN
TUESDAY, JUNE 4 - THRUSDAY, JUNE 6, 2013
L ' E N F A N T PLAZA HOTEL, W A S H I N G T O N , D C
YOU WON'T WANT TO MISS THIS EVENT- ARTBA HAS INVITED US TO PARTICIPATE IN LEGISLATIVE BRIEFING ON JUNE 4TH AT THE
HYATT REGENCY WASHINGTON, FOLLOWED BY A CAPITOL HILL RECEPTION
