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Disclaimer: This agenda has been prepared to provide information regarding an upcoming meeting of the Lyon County Board of Commissioners. This document does not claim to be complete and is subject to change. Barrier Free: All Lyon County Board of Commissioners are accessible to the handicapped. Attempts will be made to accommodate any other individual need for special services. Please contact Loren Stomber at 507-537-6980 early so necessary arrangements can be made. LYON COUNTY BOARD OF COMMISSIONERS MEETING AGENDA Commissioner's Room Lyon County Government Center Tuesday, September 17, 2019 at 9:00 AM 1. OPENING Pledge of Allegiance 2. APPROVE AGENDA Conflict of Interest Present Per Diems 3. CONSENT AGENDA 1. Approve Consent Agenda 2. Minutes 9/3/19 3. Commissioner Warrants 4. Auditor Warrants 5. Per Diems 4. RESOLUTIONS/CONTRACTS/ROUTINE 4.1. MN DNR Off Highway Vehicle (OHV) Enforcement Grant Program Consider signing State of MN Grant Contract for the OHV Enforcement Grant Program 2020-2021 OHV Grant.pdf 4.2. Jail Food Service Contract Consider accepting contract with Summit Food Service for jail food service. Lyon County Summit Agreement.pdf 4.3. NG9-1-1 GIS Grant Consider participating in NG9-1-1 GIS grant NG9-1-1 Grant GIS Application.pdfGrant Info.pdf 5. REGULAR AGENDA 5.1. Complete Count Committee for the 2020 U.S. Census Consider participation in the 2020 U.S. Census 5.2. Recycling Update 1

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Page 1: LYON COUNTY BOARD OF COMMISSIONERS MEETING AGENDA ... · Disclaimer:This agenda has been prepared to provide information regarding an upcoming meeting of the Lyon County Board of

Disclaimer: This agenda has been prepared to provide information regarding an upcoming meeting of the LyonCounty Board of Commissioners. This document does not claim to be complete and is subject to change.

Barrier Free: All Lyon County Board of Commissioners are accessible to the handicapped. Attempts willbe made to accommodate any other individual need for special services. Please contact Loren Stomber at507-537-6980 early so necessary arrangements can be made.

LYON COUNTY BOARD OF COMMISSIONERS MEETING AGENDACommissioner's Room

Lyon County Government CenterTuesday, September 17, 2019 at 9:00 AM

1. OPENINGPledge of Allegiance

2. APPROVE AGENDAConflict of InterestPresent Per Diems

3. CONSENT AGENDA1. Approve Consent Agenda 2. Minutes 9/3/193. Commissioner Warrants4. Auditor Warrants5. Per Diems

4. RESOLUTIONS/CONTRACTS/ROUTINE4.1. MN DNR Off Highway Vehicle (OHV) Enforcement Grant Program

Consider signing State of MN Grant Contract for the OHV Enforcement GrantProgram2020-2021 OHV Grant.pdf

4.2. Jail Food Service ContractConsider accepting contract with Summit Food Service for jail food service.Lyon County Summit Agreement.pdf

4.3. NG9-1-1 GIS GrantConsider participating in NG9-1-1 GIS grantNG9-1-1 Grant GIS Application.pdfGrant Info.pdf

5. REGULAR AGENDA5.1. Complete Count Committee for the 2020 U.S. Census

Consider participation in the 2020 U.S. Census

5.2. Recycling Update

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Page 2: LYON COUNTY BOARD OF COMMISSIONERS MEETING AGENDA ... · Disclaimer:This agenda has been prepared to provide information regarding an upcoming meeting of the Lyon County Board of

Disclaimer: This agenda has been prepared to provide information regarding an upcoming meeting of the LyonCounty Board of Commissioners. This document does not claim to be complete and is subject to change.

Barrier Free: All Lyon County Board of Commissioners are accessible to the handicapped. Attempts willbe made to accommodate any other individual need for special services. Please contact Loren Stomber at507-537-6980 early so necessary arrangements can be made.

Discussion

5.3. Roll-off Truck Discuss Roll-off truck purchase options

5.4. Surplus ItemsConsider declaring surplus the remaining recycling sheds and advertise to sell viasealed bids.

5.5. Law Enforcement Mutual Aid Agreement between the City of Tracy and Lyon CountyConsider entering into a law enforcement mutual aid agreement with the City ofTracy.Tracy Mutual Aid Agreement.pdf

5.6. Applications for Cancellation of ForfeitureConsider a resolution to approve the applications for cancellation of forfeiture.Resolution.pdf

5.7. Review draft commercial/industrial tax abatement policyReview a draft Commercial/Industrial Tax Abatement PolicyLyon County Commercial-Industrial Abatement Policy - draft - 09-17-19.docx

5.8. Purchase of 2019 Dodge RAM pickupConsider purchase of 2019 Dodge RAM pickup for $26,457, and transfer 2014Dodge RAM from the Sheriff's Office to County Maintenance for $15,000.Vehicle Purchase Bids.pdf

5.9. Part Time Deputy HireRequest Board to approve the hire of Larry Hanson as part time deputy. Expectedstart date is on or around October 1st, with a starting wage of $23.27 at pay grade10.

Request Board to approve Resolution to Hire a Peace Officer for Larry Hanson.Resolution for a Peace Officer - Larry Hanson.doc

5.10. Assessor PositionDiscuss Assessor position.

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Page 3: LYON COUNTY BOARD OF COMMISSIONERS MEETING AGENDA ... · Disclaimer:This agenda has been prepared to provide information regarding an upcoming meeting of the Lyon County Board of

Disclaimer: This agenda has been prepared to provide information regarding an upcoming meeting of the LyonCounty Board of Commissioners. This document does not claim to be complete and is subject to change.

Barrier Free: All Lyon County Board of Commissioners are accessible to the handicapped. Attempts willbe made to accommodate any other individual need for special services. Please contact Loren Stomber at507-537-6980 early so necessary arrangements can be made.

5.11. Ancillary InsurancesRecommend Board to approve ancillary insurance proposals . Per the Minnesota 5year bid Law 471.6161, Life insurance bids were received in mid-June. The CountyDental plan also went through an RFP process. The LTD, STD, Vision and LegalShield coverages all have rate holds for 1/1/2020.

Lyon County Renewal Letter 1.2020.pdfLyon County - DentalComparison_1.2020.pdfLyon County - Life Analysis_1.2020.pdf

5.12. 2020 Preliminary LevyAdopt a preliminary property tax levy for 2020SKMBT_C45219091209260.pdf

5.13. Ditch assessment hearingsReview staff suggestions for ditch special assessments payable in 2020Notice - annual ditch assessment hearing for 2020 collections.docxproposedpayable 2020 ditch assessments.pdf

BOARD REPORTS

ADJOURNMENT

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LYON COUNTYREQUEST FOR BOARD ACTION

Requested Board Date:9/17/2019

Item: MN DNR Off Highway Vehicle (OHV)Enforcement Grant Program

Originating Department: Sheriff

Presenter:Sheriff Eric Wallen

Board Action Requested:

Consider signing State of MN Grant Contract for the OHV Enforcement Grant Program

Background:

The Lyon County Board of Commissioners previously agreed to partner with the MN DNR and enter into a OHVEnforcement Grant. Since then it was learned that Lyon County will receive $5,927.00 in fiscal year 2020 and$5,927.00 in fiscal year 2021 to provide OHV education/enforcement and to purchase necessary equipment to facilitatethese activities. The grant operates on a reimbursement method similar to the DNR Boat and Water Safety Grant thatthe County has participated in for several years. Lyon County would need to cover costs up front and is then allowedto submit a one-time reimbursement request for each fiscal year of the grant. Any grant money not expended would beforfeited.

Supporting Documents:2020-2021 OHV Grant.pdf

Comments:

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LYON COUNTYREQUEST FOR BOARD ACTION

Requested Board Date:9/17/2019

Item: Jail Food Service Contract

Originating Department: Sheriff

Presenter:Sheriff Eric Wallen

Board Action Requested:

Consider accepting contract with Summit Food Service for jail food service.

Background:

At the September 3rd Lyon County Board of Commissioners meeting the board accepted a jail food service proposalfrom Summit Food Service. The proposal is to provide services from November 01, 2019 to December 31, 2024. The contract does include a 60 day termination option. Inmate meal rates are based on the number of meals preparedand can be found on page 6 of the attached contract.

Supporting Documents:Lyon County Summit Agreement.pdf

Comments:

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FOOD SERVICE PARTNERSHIP AGREEMENT This Food Service Partnership Agreement is made and entered into by and between Lyon County (“Client”), and Summit Food Service a New Mexico Limited Liability Company (“Company”) (collectively “the Parties”).

1. TERM AND INTENT

1.1 Client grants Company the exclusive right to provide Food Service, to operate the Food Service Facilities, and to provide to Client, employees, guests and other persons at the Premises such Food Service and Products.

1.2 This Agreement shall commence on November 1, 2019 (the “Commencement Date”) or sooner if mutually agreed upon in writing by both of the Parties. The Agreement will remain in effect through December 31, 2024. The Agreement shall automatically renew for additional like periods, unless either party provides written notice of termination to the other party at least sixty (60) days prior to the expiration date or unless this Agreement is otherwise terminated as set forth herein.

2. DEFINITIONS

2.1. Accounting Period. Company’s accounting calendar is based on an accounting cycle consisting of three (3) rotational periods of four (4) weeks, four (4) weeks, five (5) weeks.

2.2. Agreement. In order of precedence: (i) this Food Service Partnership Agreement, Exhibits and Schedules, as amended and, where specifically included by reference, (ii) the Company’s Proposal and (iii) the Solicitation.

2.3. Food Preparation Equipment. Equipment or appliances reasonably necessary for Food Service including, without limitation, stove, oven, sink, refrigerator, microwave, mixer, steamer, slicer, freezer and fire extinguishing equipment that is in good condition and of a commercial grade.

2.4. Food Service. Operations and Products to be provided by Company in accordance with this Agreement related to the preparation, service and sale of food, beverages, goods, merchandise and other items at the Premises.

2.5. Food Service Facilities. Space for Company to prepare and perform Food Service at the Premises including, without limitation, kitchen, dining, service, office and storage areas.

2.6. Governmental Rule. Any statute, law, rule, regulation, ordinance or code of any governmental entity (whether federal, state, local or otherwise).

2.7. Office Equipment. All office items reasonably necessary for Company staff to perform office- related functions at the Premises including, without limitation, furniture (e.g. desk, chair, file cabinet), equipment (e.g. computer, phone, data/high speed internet lines), parking spaces and locker/break room facilities.

2.8. PCI Standards. All rules, regulations, standards or guidelines adopted or required by the Payment Card Industry Security Standards Council relating to privacy, data security and the safeguarding, disclosure and handling of Payment Instrument Information.

2.9. Premises. The Client’s food service facility (ies) located at 611 West Main Street, Marshall, MN 56258.

2.10. Products. Food, beverages, goods, merchandise, and supplies.

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2.11. Proprietary, Confidential and Trade Secret Information. Items used in Company Food Services (owned by or licensed to Company) including, without limitation, menus, signage, surveys, Software (i.e. menu systems, food production systems, accounting systems), recipes, management guidelines and procedures, operating manuals, personnel information, purchasing and distribution practices, pricing and bidding information, financial information, provided, however that the following items are specifically excluded: (i) information generally available to and known by the public or (ii) information independently developed or previously known by the Client.

2.12. Servicewares. Items used in the service of food and beverages including, without limitation, chinaware, glassware, silverware, disposables, trays, and carts.

2.13. Smallwares. Items used in the preparation of food including, without limitation, pots, pans and kitchen utensils.

2.14. Supervisory Employee. Those persons who have directly or indirectly performed management or professional services on behalf of Company for the Client at any time during this Agreement including, without limitation, any corporate employee, manager, assistant manager, chef, lead cook or dietitian.

2.15. Utilities and Amenities. All utilities reasonably requested by Company to provide Food Services at the Premises including, without limitation, heat, hot and cold water, gas, refrigeration, lights, electric current, ventilation, air conditioning, recycling, cooking waste removal, hazardous waste removal, garbage removal services, exterminator services, telephone services, internet access, and sewage disposal services.

3. FOOD SERVICES

3.1 Food Service. Company will oversee Food Services at the Premises which shall include, without limitation, preparation and service of food and beverages to Client’s employees, staff and guests.

3.2 Program Specifications. A. Menu. Company shall provide a menu cycle as it deems necessary for operations. B. Staff Meals. Company shall provide Staff Meals upon request. C. Inmate workers. Client shall provide __ inmate workers per meal period. D. Bag Lunches. Company shall provide Bag Lunches upon request. E. Medical Meals. Company shall provide Medical Meals upon request. F. Religious Meals. Company shall provide Religious Meals upon request.

G. Holiday Meals. Company shall provide Holiday Meals upon request. H. Special Functions/Catering. Company shall provide Food Service for special occasions, including Client's conferences, dinners, meetings, parties and other functions, as well as catering services to employees, guests and outside groups in connection with this Agreement. Fees for these services shall be governed by the menu, manner and time of service, and shall be established by mutual agreement of Company and Client or the party sponsoring the Special Function. I. Locations. Company shall operate and manage Food Services at the Premises and locations as the Client and Company mutually agree. J. Hours. Company shall provide necessary Food Services at such hours as the Client and Company mutually agree.

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3.3 Purchasing. Company shall purchase those Products and supplies necessary to comply with Company’s obligations as set forth in this Agreement from Company’s approved vendors that meet Company’s guidelines and requirements.

3.4 Inventory. Company will purchase and own all inventories of food, beverages, and supplies. Upon termination of this Agreement for any reason, at Company’s option, (i) Company may remove and retain any remaining Product inventory or (ii) Client will purchase from Company, at Company's invoice cost, any remaining Product inventory.

3.5 Cleaning. Company and Client shall be jointly responsible for housekeeping and sanitation in the food preparation, storage and service areas of Premises. Company shall perform routine cleaning and housekeeping in the food preparation and service areas including cleaning of walls, windows and electric light fixtures and all necessary scrubbing, mopping and polishing of floors, as well as any area adjacent to stands or carts used for food services.. Client shall perform major cleaning including, without limitation, stripping and waxing floors, cleaning walls, windows, fixtures, ceilings, electric light fixtures, grease traps, hoods and vents, duct work, plenum chambers, pest control and roof fans throughout the Food Service Facilities as defined herein. Client shall be responsible for setting up and cleaning the Premises for functions not managed by Company, in addition to any related charges. Client shall be responsible for removal of refuse from the collection areas and all refuse removal charges.

4. EMPLOYEES

4.1. Employees. Company shall hire employees necessary for its performance of this Agreement. Company shall select candidates and Client shall have the opportunity to meet and approve new employees if they so choose. Persons employed by Company will be the employees of Company and not of Client. Company's employees and agents shall comply with applicable rules and regulations concerning conduct on the Client's premises which the Client imposes upon its employees and agents provided such rules and/or regulations are not in violation of any federal, state, and/or local laws. Client agrees to provide Company notice of any proposed changes in rules, at least thirty (30) days prior to implementation. Company will consider Client’s written requests to remove Food Service employees, provided such requests are non-discriminatory and comply with all laws and regulations governing employment.

4.2. Existing Employees; Employment Terms; Employee Pension and Benefit Plans. Company in its sole discretion may elect to hire any managers or employees of Client or Client's incumbent foodservice provider (collectively, "Existing Employees") who are qualified, available and willing to provide Food Service at the Premises. Company shall have the authority to establish the terms of employment for all current Company managers and employees (including Existing Employees that Company may elect to hire in connection with this Agreement). Client represents that such Existing Employees are not represented by a union and are not entitled to be paid a living or prevailing wage under any Governmental Rule or agreement.

4.3. Wages and Hours. Company shall comply with all applicable federal, state and local laws and regulations pertaining to the wages and hours of employment for Company’s employees. Client shall comply with all applicable federal, state and local laws and regulations pertaining to the wages and hours of employment for Client’s employees.

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4.4. Payroll Taxes. Company shall be responsible for all withholding and payroll taxes relative to Company’s employees. Client shall be responsible for all withholding and payroll taxes relative to Client’s employees.

4.5. Background Checks. Company shall conduct necessary background checks as required by law. 4.6. Equal Opportunity and Affirmative Action Employer. Company abides by the requirements of 41

CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their age, race, color, religion, sex, sexual orientation or national origin. Company employs and promotes individuals without regard to age, race, color, religion, sex, national origin, protected veteran status or disability.

4.7. Non-Hire. Client acknowledges that Company has invested considerable amounts of time and money in training its Supervisory Employees. Therefore, the Client agrees that during the Supervisory Employee’s employment with Company and for a period of twelve (12) months thereafter no Supervisory Employees of Company will be hired by Client nor any facility affiliated with Client, nor will Client permit employment of Company Supervisory Employees on Client’s Premises or the Premises of any facility affiliated with Client. Client agrees that if it violates this provision, Client shall pay to Company and Company shall accept as liquidated damages and not as a penalty, an amount equal to one time the annual salary) of the Supervisory Employee(s) hired by or allowed to work with Client in violation of the terms of this Agreement. Company shall be entitled to pursue all other remedies available under federal, state, or local law. This provision shall survive the termination of this Agreement.

5. PREMISES, FACILITIES, UTILITIES AND EQUIPMENT

5.1 Premises. The Premises shall be in good condition and maintained by the Client to ensure compliance with applicable Governmental Rules and to enable Company to perform its obligations hereunder. Client shall be responsible for any modifications or alterations to the workplace or the Premises necessary to comply with any applicable Governmental Rules. Company shall have no obligation to maintain or repair the Premises.

5.2 Equipment. Without limiting the foregoing, Client shall permit Company to use all of the Client’s Food Preparation Equipment in the performance of Food Service. The Food Preparation Equipment provided by Client shall be commercial grade, in good condition and shall be maintained, repaired and replaced by Client to permit the performance of the Food Service and to ensure compliance with applicable Governmental Rules. Company and Client shall inventory Client's current Equipment within thirty (30) days after the Commencement Date. Company shall take reasonable care of all Food Preparation Equipment under its custody and control, provided that the foregoing shall not limit Client's obligation to maintain, repair and replace (as necessary) the Food Preparation Equipment. If Client fails to make necessary repairs or replacement to equipment within a reasonable amount of time, Company shall have the right to effect equipment repairs or replacements at Client’s expense. Company shall retain title to equipment hereunder and shall be entitled to assert a security interest in any equipment that it purchases or repairs under this section provided that once the cost of the purchased equipment or equipment repair has been recovered, Company shall release the security interest and title for any such purchased equipment to Client.

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5.3 Facilities, Utilities. At its own expense, Client shall maintain, repair, replace, and keep in safe operating condition said Facilities and Utilities, to permit the performance of the Food Service and to ensure compliance with Governmental Rules.

5.4 Smallwares and Servicewares. At its own expense, Client shall furnish Company with the appliances, wares and equipment reasonably requested by Company including all Cooking Equipment, Smallwares and Servicewares.

5.5 Computer Equipment. A. Internet Access. If Company is to implement a point-of-sale system, Client shall either allow

Company to use Client’s point-of-sale- system (“POS System”) and required internet access or, in the alternative, shall provide and maintain the system requirements necessary for Company to install and maintain its own POS System. To the extent Company installs and maintains its own POS System, Client shall provide electrical outlets and wireless IP network connectivity terminating in necessary cabling connection between the cash registers, the time-clocks, the foodservice office and Company’s router. Client shall allow Company and the internet provider physical access to the area where a high-speed internet connection will be installed, and shall permit Contractor’s installation of a router and dedicated high-speed internet circuit with full administrative control to establish a connection between the foodservice office, workstations (if any) and Company’s network.

B. Software. Company will license products, software and maintenance for use in providing services in accordance with this Agreement. Company has procured a license to access and use Company’s centralized Nutritional Database (“NDB”) for nutritional analysis, menu planning and other operational purposes for Client’s Premises. Client agrees that all software associated with the operation of the Food Service, including without limitation, the NDB, food production systems, and accounting systems, is owned by or licensed to Company. Client's access or use of such software shall not create any right, title, or copyright in such software. Upon termination of this Agreement, Client shall have no right to access or retain any Company software or Confidential Information produced by that software.

C. Credit Card Processing. If requested by Client, Company will accept and process credit card payments for sales of food, beverage, goods, merchandise and services in the Food Service operation. If Company processes credit card transactions using equipment solely provided by Company, then Company will be responsible for compliance of its equipment in accordance with PCI Standards. If Company uses computers, software, network equipment (“Systems”) or other property of Client to process credit card transactions, then Client will be required to provide Systems that fully support PCI standards and requirements or reimburse the Company for the acquisition of Systems that sufficiently meet the requirements of current PCI Data Security Standards. In that case, if Company is considered the "merchant of record", Client will provide Company with a certificate of compliance if requested by Company.

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6. LICENSES, PERMITS AND TAXES

6.1 Licenses and Permits. Company shall procure, maintain and post the food licenses and permits as required by law. Client represents and warrants that it has and will maintain all other licenses and permits necessary to operate the Premises and the Food Services. The Client agrees to notify Company immediately upon receiving notice of loss of any such permit or license.

6.2 Taxes. Company shall be responsible for collecting and remitting sales tax on applicable sales collected by Company. Unless Client provides documentation of Client’s federal and state tax-exempt status to the Company’s sole satisfaction, Client shall reimburse Company for state and local sales tax on the full amount of charges and fees billed to the Client. Client shall secure and pay all federal, state and local property, excise and income and other taxes and fees required for the Premises and resulting from the Food Services provided for hereunder. Client shall immediately pay for any tax assessments including interest, penalties, costs and expenses, which are assessed against the Food Service operation and were not in effect as of the Commencement Date or were owed but unpaid as of the Commencement Date. Client shall notify Company promptly should its sales tax status be changed.

7. FINANCIAL ARRANGEMENTS

7.1 Payment Arrangement. A. Inmate Meal Rate.

a. Scaled Rate. Client shall pay Company the rate per Meals prepared:

Population Price Per Meal 0-35 TBN

35-39 3.883 40-44 3.500 45-49 3.217 50-54 2.984 55-59 2.796 60-64 2.638 65-69 2.505 70-74 2.392

75+ 2.293

The rate shall not include charges for, religious meals, supplements, equipment purchases or repairs.

b. Religious Meals. Client shall pay Company the rate of $4.50 per Meals prepared

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7.1 Payments Due and Late Payment Penalty. Company shall issue an invoice at the end of each Accounting Period showing the amounts due. Client shall pay the full invoice amount within thirty (30) days from the issuance of the invoice. In the event payment is not made within thirty (30) days of the due date, the invoice will be subject to a finance charge of eighteen percent (18%) per annum or, if less, the maximum amount permitted under applicable law. The right of Company to charge the finance charge shall not be construed as a waiver of Company’s normal entitlement to receive timely payment as set forth herein.

7.2 Right to Offset. In the event that Client is more than thirty (30) days past due on any obligations to Company, Company shall have the right to offset, from any other sums owed by Company to Client, all or any portion of such outstanding receivables. Additionally, Company shall have the right, at Company's option, at any time that Client is over thirty (30) days past due on any obligations require that Client pay, on a prebilling basis, at least one week in advance of each Accounting Period, the estimated amount due Company for that Accounting Period. The estimated amount shall be adjusted and reconciled to the actual amount in the next prebilling invoice, or if Client is no longer past due on its obligations to Company, with the next invoice due hereunder. Further, Company shall have the right to immediately adjust hours, prices, labor and menu offerings to further off-set any losses.

7.3 Change in Conditions. The financial terms set forth in this Agreement, and all other obligations assumed by Company hereunder, are based on conditions in existence on the date Company commences operations including, without limitation, population; labor costs; applicable Governmental Rules; food and supply costs; provision of equipment and utilities; state of the Premises; and federal, state and local sales, use and excise taxes (the “Conditions”). Further, Client acknowledges that in connection with the negotiation and execution of this Agreement, Company has relied upon Client’s representations regarding existing and future conditions (the “Representations”). In the event of change in the Conditions, inaccuracy of the Representations, or if Client requests any significant change in the Food Services as provided under this Agreement, the financial terms and other obligations assumed by Company shall be renegotiated to reflect a proportionate increase in Company’s charges to the Client. Company will provide a thirty (30) day notice of such increased charges.

7.4 Future Pricing. Pricing adjustments shall be made on an annual basis and shall be agreed upon by the parties at a rate no less than the greater of: three percent (3%) or the most recently released U.S. Department of Labor Consumer Price Index, All Urban Consumers, National Average Unadjusted, Food Away From Home. Up to ninety (90) days prior to the anniversary of the Commencement Date, Company shall provide Client notification of the adjustment. On the anniversary date, Company proposed adjustments shall go into effect, unless the Parties have entered into a written agreement with an alternative cost adjustment.

7.5 Attorney’s Fees and Costs. Client shall pay all costs of collecting any amount due Company, including attorney’s fees and all costs and other expenses incurred by Company in collecting an indebtedness of Client. This provision shall survive the termination of the Agreement.

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8. TERMINATION OF THE AGREEMENT.

8.1 Termination for Non-Performance. If either party refuses, fails or is unable to perform or observe any of the terms or conditions of this Agreement for any reason other than for Excused Performance as set forth in this Agreement, the party claiming such deficiency shall provide the breaching party written notice of any such breach. If the breaching party remedies such breach within (i) three (3) days in the case of failure to make payment when due, (ii) fifteen (15) days in the case of any other breach, or (iii) a reasonable time where cure is not possible within fifteen (15) days (collectively the “Notice Period”), the notice shall be null and void. If the breaching party fails to remedy the breach within the Notice Period, the party giving notice may cancel the Agreement after the end of the Notice Period.

8.2 Termination for Financial Insecurity. If either Party makes an unauthorized assignment for the benefit of creditors, files a petition under the bankruptcy or insolvency laws of any jurisdiction, has or suffers a receiver or trustee to be appointed for its business or property, or is adjudicated a bankrupt or an insolvent, the other party may terminate the Agreement with three (3) days’ notice. Provided, however, that Client agrees to provide Company thirty (30) days’ notice before filing a petition for bankruptcy.

8.3 Voluntary Termination. At any time after one year of service, either Party may terminate this Agreement with or without cause by written notice to the other party given not less than sixty (60) days prior to the effective date of termination.

8.4 Steps Upon Termination. Upon the termination or expiration of this Agreement, Company shall vacate the Premises occupied by Company and shall remove its own equipment and return equipment furnished by Client pursuant to this Agreement. Upon termination of this Agreement, Company shall surrender the then-current Food Preparation Equipment to Client in the condition as it was delivered on the Commencement Date (or, if later, in the condition in which such Food Preparation Equipment was placed into service), excepting ordinary wear and tear, damage resulting from Client's failure to maintain the Food Preparation Equipment and other damage (including damage caused by force majeure) for which Company is not responsible hereunder.

8.5 Continuing Obligations. The termination of this Agreement shall not affect the rights, privileges, or liabilities of the Parties as they exist as of the effective date of termination. All outstanding amounts owed to Company shall become due and payable immediately upon termination. If, at Client's request, Company enters into agreements with one or more third parties in connection with its management of Client's Food Service operations (collectively, "Third Party Agreements"), Client agrees, at Client's sole cost and expense, to: (i) assume and undertake (or cause to be assumed and undertaken by the Food Service provider succeeding Company) all responsibilities of Company under all Third Party Agreements from and after the date this Agreement expires or is earlier terminated; (ii) release Company from all liability associated with such Third Party Agreements from and after the date this Agreement expires or is earlier terminated; and (iii) bear all liability and responsibility with respect to any costs, fees and other charges associated with termination of such Third Party Agreements. This Paragraph shall survive the termination or expiration of this Agreement.

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9. INDEMNIFICATION; INSURANCE

9.1 Insurance. Both Client and Company shall maintain their own insurance on their respective real property, equipment and contents. Upon request, evidence of such insurance shall be provided in the form of a certificate of insurance. A. Client Insurance. Client shall procure and maintain insurance for the Premises, the Food

Preparation Equipment and any Smallwares, Servicewares and food and beverage inventory against all loss or damage as insured against under a commercial property causes of loss – special form policy (or any successor policy form).

B. Company Insurance. Company shall procure and maintain the following insurance: 1. Worker’s Compensation Insurance as prescribed by the laws of the state where the

Premises are located; and 2. Comprehensive General Liability Insurance, with limits of one million dollars

($1,000,000.00) per occurrence and one million dollars ($1,000,000.00) annual aggregate to cover any and all claims that arise during the course of this Agreement.

C. Subrogation. Client and Company waive any and all right of recovery from each other for property damage or loss of use thereof, however occurring, which loss is insured under a valid and collectible insurance policy to the extent of any recovery collectible under such insurance. This waiver shall include, but not be limited to, losses covered by policies of fire, extended coverage, boiler explosion and sprinkler leakage. This waiver shall not apply to claims for personal death or injury. Company shall not be liable to the Client, in any way for damage to the Facilities or Premises caused by reason of fire, or other hazard, however caused, or by the reason of an act of God. In any event, Company shall not be held liable for any cause to an extent which would exceed effective coverage and dollar limits prevailing under the policies of insurance described in this Agreement.

9.2 Indemnification. Each Party agrees to provide the following indemnification: A. Each party agrees that it will defend, indemnify and hold harmless the other party, its officers,

directors, parent corporation, affiliates, employees and agents (“Indemnified Parties”) against any and all liabilities, losses, damages, injuries, deaths, reasonable litigation expenses (including, without limitation, reasonable attorneys’ fees), costs and costs of court (collectively, “Damages”) which Indemnified Parties may hereafter sustain, incur or be required to pay arising out of the other party’s negligent acts, omissions or failure to perform obligations pursuant to this Agreement. Provided, however, neither party shall be required to defend, indemnify and hold harmless the other party for any intentional or criminal actions of the other party or its employees, visitors or invitees. Client agrees to defend, indemnify and hold harmless Company Indemnified Parties from all Damages which may arise due to any act or omission of a Company Party made in compliance with a Client’s rules or requirements.

B. Notice of Indemnification. A party shall only be required to indemnify pursuant to the Agreement, where that party receives a written request to indemnify within twenty (20) days after the initial receipt of notice of any such lawsuit or claim by the party requesting indemnification. Failure to notify a party of such claim or lawsuit within the stated period of time shall relieve that party of any and all responsibility and liability under this Agreement to defend, indemnify and hold harmless for that claim or lawsuit.

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10. GENERAL AGREEMENT TERMS

10.1 Confidentiality. Neither Client, nor Client’s employees or agents, shall disclose, photocopy, duplicate or use, either during or after the term of this Agreement, any Proprietary, Confidential and Trade Secret Information, without Company’s prior written permission. All Proprietary, Confidential and Trade Secret Information shall remain Company exclusive property. Client’s access or use of Company Proprietary, Confidential and Trade Secret Information or Software shall not create any right, title, interest or copyright in such Information or Software. If Client is requested to disclose any of the Confidential Information to any third party for any reason, Client shall provide Company with prompt notice of such request(s). Upon termination of this Agreement, Client shall return all Company Proprietary, Confidential and Trade Secret Information in Client’s possession relating to Company’s services pursuant to this Agreement. Client agrees that upon breaching this provision, Company shall be entitled to equitable relief, including injunction or specific performance, in addition to all other available remedies. This provision shall survive the termination of the Agreement.

10.2 Intellectual Property. Nothing in this Agreement is intended to grant any rights to Client under any patent, copyright, trademark, trade name, trade secret or other proprietary right of Company (whether now owned or hereafter developed or acquired), all of which are reserved to Company.

10.3 HIPAA Compliance. The parties agree to abide by applicable HIPAA requirements as set forth in Exhibit A.

10.4 Independent Contractor Relationship. It is mutually understood and agreed, and it is the intent of the Parties, that an independent contractor relationship is hereby established under the terms and conditions of this Agreement. Employees of Company are not, nor shall they be deemed to be, employees of Client. Employees of Client are not, nor shall they be deemed to be, employees of Company.

10.5 Notice. Any notice required under this Agreement shall be deemed to have been sufficiently provided when delivered by hand, or three days after being sent by certified or registered mail return receipt requested, or by overnight delivery service with receipt of delivery, provided such delivery is to the parties at the following addresses: Client 611 West Main Street Marshall, MN 56258

Company 500 52nd Street North Sioux Falls, SD 57104

10.6 Excused Performance. If performance of any terms or provisions hereof (other than the payment of monies) shall be delayed or prevented because of compliance with any law, regulation, decree or order by any federal, state, or local court, governmental agency or governmental authority, or because of riot, war, public disturbance, strike, lockout, differences with workmen, fire, flood, Act of God or any other reason whatsoever, which is not within the control of the party whose performance is interfered with, and which, by the exercise of reasonable diligence said party is unable to prevent, the party so suffering may at its option, suspend, without liability, the performance of its obligations hereunder (other than the payment of monies) during the period such cause continues.

10.7 Assignment or Transfer. Neither party may assign or transfer this Agreement, or any part thereof, without written consent of the other party. Such consent shall not be unreasonably withheld

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Page 11 of 12

Provided, however, that this shall not apply to Company’s transfer to a parent, sister or successor company where Company provides Client at least thirty (30) days written notice.

10.8 Entire Agreement; Waiver. This Agreement, including any Exhibits hereto, constitutes the entire Agreement between the Parties with respect to the provisions of Company’s services, and there are no other or further written or oral understandings or agreements with respect thereto except as otherwise set forth herein. No variation or modification of this Agreement and no waiver of its provisions shall be valid unless in writing and signed by the duly authorized officers of Company and Client. This Agreement supersedes all other agreements between the Parties or their predecessors for the provision of Company Food Services.

10.9 Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be effective upon delivery and, thereafter, shall be deemed to be an original, and all of which shall be taken as one and the same instrument with the same effect as if each party had signed on the same signature page. This Agreement may be transmitted by fax or by electronic mail in portable document format ("PDF") and signatures appearing on faxed instruments and/or electronic mail instruments shall be treated as original signatures.

10.10 State Guidelines. Client hereby agrees that the validity and construction of this Agreement shall be governed by Minnesota law. Should a lawsuit be necessary to enforce this Agreement, Client hereby waives any objection to venue or personal jurisdiction and agrees to be subject to the jurisdiction of the courts located in Minnesota. A facsimile copy or photocopy of this Agreement shall be valid as an original thereof. EACH PARTY HEREBY WAIVES THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF AND BROUGHT BY ANY OTHER PARTY

10.11 Limitation of Liability. Company’s entire liability and Client's exclusive remedy for damages arising out of or related to this Agreement or the Food Services shall not exceed the total amount paid by Client to Company for the current term of this Agreement. COMPANY SHALL NOT BE LIABLE FOR LOSS OF BUSINESS, BUSINESS INTERRUPTION, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF REVENUE OR PROFIT IN CONNECTION WITH THE PERFORMANCE OR FAILURE TO PERFORM THIS AGREEMENT, REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM BREACH OF CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY.

10.12 Severability. Any term or provision of this Agreement that is invalid or unenforceable shall not

affect the validity or enforceability of the remaining terms and provisions hereof or the validity or

enforceability of the offending term or provision in any other situation.

10.13 Authority. Company and Client represent that the individual executing this Agreement has been duly and validly authorized to execute this Agreement on each party’s respective behalf with the full power and authority under all applicable laws and respective articles of incorporation, bylaws or other governing instrument to enter into this Agreement and to perform their obligations hereunder.

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IN WITNESS WHEREOF, the Parties, intending to be legally bound, have caused their appointed and duly assigned officers to execute this Agreement. CLIENT COMPANY Signature: Signature:

Name: Name:

Title: Title:

Date: Date:

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LYON COUNTYREQUEST FOR BOARD ACTION

Requested Board Date:9/17/2019

Item: NG9-1-1 GIS Grant

Originating Department: Sheriff

Presenter:Sheriff Eric Wallen

Board Action Requested:

Consider participating in NG9-1-1 GIS grant

Background:

The State of Minnesota is working towards an improved 911 system called Next Generation 911 (NG9-1-1). Thisproject is in conjunction with MNGEO and the state wide GIS initiative. This initiative has mandated that countiesprepare and provide certain GIS data to MNGEO for the completion of this project. Pieces of data requested include:address points, road centerlines, emergency service zones, and public safety answering point boundaries.

To help counties be able to prepare this data, a grant has become available. This grant will provide funding to createand provide the mentioned information. The grant will be administered through the Southwest Regional Radio Board. Each county in the SW Region was awarded a specific amount of grant money to complete the project. Lyon Countyhas been awarded $19,972.90.

Lyon County GIS Mark Volz has completed the attached grant application and stated that he is able to complete thework necessary. For Lyon County, the grant would reimburse wages up to the allotted amount for the preparation ofthe desired data.

Supporting Documents:NG9-1-1 Grant GIS Application.pdf

Grant Info.pdf

Comments:

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LYON COUNTYREQUEST FOR BOARD ACTION

Requested Board Date:9/17/2019

Item: Complete Count Committee for the 2020 U.S.Census

Originating Department: Administration

Presenter:Jim Accurso, U.S. Census Bureau

Board Action Requested:

Consider participation in the 2020 U.S. Census

Background:

Every 10 years the United States Government conducts a census of the population in the country. The Census Bureauis seeking to partner with local governments to obtain as complete and accurate count as possible.

Supporting Documents:

Comments:

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LYON COUNTYREQUEST FOR BOARD ACTION

Requested Board Date:9/17/2019

Item: Recycling Update

Originating Department: Environmental Office

Presenter:Schroeder

Board Action Requested:

Discussion

Background:

Environmental Administrator will present an update on recycling.

Supporting Documents:

Comments:

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LYON COUNTYREQUEST FOR BOARD ACTION

Requested Board Date:9/17/2019

Item: Roll-off Truck

Originating Department: Environmental Office

Presenter:Schroeder

Board Action Requested:

Discuss Roll-off truck purchase options

Background:

The existing roll-off truck used by the landfill is a 1995 Mack with a cable hoist system. This vehicle works well forlandfill site needs, but is becoming less reliable as an over the road truck. Information is being gathered on available newand used options and will be presented. Pup-trailer options will also be made available.

Supporting Documents:

Comments:

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LYON COUNTYREQUEST FOR BOARD ACTION

Requested Board Date:9/17/2019

Item: Surplus Items

Originating Department: Environmental Office

Presenter:Schroeder

Board Action Requested:

Consider declaring surplus the remaining recycling sheds and advertise to sell via sealed bids.

Background:

In preparation for collection of recyclables via closed roll-off containers, removal of recycling sheds are recommendedfor Amiret, Florence, Garvin, Ghent, Green Valley, Lynd, and Taunton. Recommend that purchasers are alsoresponsible for moving the shed before November 1.

Supporting Documents:

Comments:

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LYON COUNTYREQUEST FOR BOARD ACTION

Requested Board Date:9/17/2019

Item: Law Enforcement Mutual Aid Agreementbetween the City of Tracy and Lyon County

Originating Department: Sheriff

Presenter:Sheriff Eric Wallen

Board Action Requested:

Consider entering into a law enforcement mutual aid agreement with the City of Tracy.

Background:

The City of Tracy approached the Lyon County Sheriff asking to enter into a mutual aid agreement for law enforcementservice, similar to the agreement entered into between the City of Marshall and Lyon County in 2018 and the City ofMinneota and Lyon County in 2019. A law enforcement mutual aid agreement was prepared and presented to the LyonCounty Attorney. The City of Tracy approved the agreement at their recent city council meeting.

Supporting Documents:Tracy Mutual Aid Agreement.pdf

Comments:

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LYON COUNTYREQUEST FOR BOARD ACTION

Requested Board Date:9/17/2019

Item: Applications for Cancellation of Forfeiture

Originating Department: Auditor-Treasurer

Presenter:Moberg

Board Action Requested:

Consider a resolution to approve the applications for cancellation of forfeiture.

Background:

Applications were initiated by the Auditor/Treasurer's office.

Supporting Documents:Resolution.pdf

Comments:

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LYON COUNTYREQUEST FOR BOARD ACTION

Requested Board Date:9/17/2019

Item: Review draft commercial/industrial taxabatement policy

Originating Department: Auditor-Treasurer

Presenter:E.J. Moberg

Board Action Requested:

Review a draft Commercial/Industrial Tax Abatement Policy

Background:

Earlier this year Commissioners discussed the concept of a commercial/industrial tax abatement policy. A draft versionof the policy was reviewed at the September 3rd meeting. The updated version now includes language aboutremodeling.

Supporting Documents:Lyon County Commercial-Industrial Abatement Policy - draft - 09-17-19.docx

Comments:

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Lyon CountyCommercial/Industrial Tax Abatement Policy

IntentThe purpose of the Lyon County Commercial/Industrial Tax Abatement Policy is to remove blight and encourage development or redevelopment of commercial/industrial properties in Lyon County and increase the value of the future tax base for Lyon County taxpayers.

DurationThis policy is in effect from October 1, 2019, to December 31, 2022, and may be modified or rescinded at any time by the Lyon County Board of Commissioners.

Tax Abatement AuthorityMinnesota Statute § 469.1813 grants a political subdivision the authority to abate property taxes.

Eligible ParticipantsAny person or entity who constructs a new commercial/industrial building, constructs a building addition, or completes a qualifying remodel that meets all criteria and has been granted a tax abatement on the same property or properties by the applicable city or township, and who files a complete application to seek formal approval from Lyon County between October 1, 2019, and December 31, 2022, may be eligible to receive a tax abatement of the County’s share of increased real estate taxes as a result of the building construction, addition, or remodel, for a period of four (4) years provided all of the above and the following additional criteria are met:

1. Property is located within Lyon County and zoned and permitted properly for the proposed development project.

2. The applicant has not and will not receive other local public financial assistance (tax increment financing/TIF, Workforce Housing, Small Cities Development Program), however, this program will coordinate with other local government tax abatement programs.

3. Project is built to building codes adopted at the time building permit is obtained.4. Property taxes are current and paid on time and in full.5. Program approval is obtained for construction beginning after January 1, 2019.6. To be a qualifying remodel, the applicant must schedule the property be viewed and assessed by

the County Assessor’s office immediately prior to and upon completion of the remodel.

Each abatement application will be individually considered by the Lyon County Board of Commissioners. The county board reserves the right to accept or reject any application for any reason.

When an abatement is approved, a percentage of the county portion of annual real estate taxes will be returned via a single payment made to the taxpayer of record as of the date of payment issuance and by December 30 for that calendar year. The abatement of the county portion of property taxes will be:

Year 1 80%Year 2 60%Year 3 40%Year 4 20%

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The abatement will transfer with the sale of the property for the balance of the four year abatement period.

This abatement does not apply to, or include, existing and/or new special assessments to the property.

Application ProcedureStatute requires the County to approve each abatement application. Thus, all applications will be considered on a “first come - first served” basis.

A complete application for Abatement shall consist of: An application form requesting abatement for eligible projects addressed to the Lyon County

Auditor/Treasurer and remittance of an application fee. Legal description of the subject property, including address and property identification number. A site plan and construction plans for the proposed project. A copy of the building permit.

Applications are to be submitted to the Lyon County Auditor/Treasurer. The Auditor/Treasurer will forward the completed application to the County Board for consideration. The County Board shall schedule a date for a public hearing on the abatement request(s) pursuant to Minn. Stat. § 469.1812 to§ 469.1815 to receive input on each abatement request and shall pass a resolution to approve or deny said application.

The County is solely responsible for its share of property tax abatements and this policy does not allow the County to abate City, Township or School District property taxes.

The abatement period will begin with taxes payable for the assessment year after construction is completed and shall continue for four (4) years.

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LYON COUNTYREQUEST FOR BOARD ACTION

Requested Board Date:9/17/2019

Item: Purchase of 2019 Dodge RAM pickup

Originating Department: Sheriff

Presenter:Sheriff Eric Wallen

Board Action Requested:

Consider purchase of 2019 Dodge RAM pickup for $26,457, and transfer 2014 Dodge RAM from the Sheriff's Officeto County Maintenance for $15,000.

Background:

The Sheriff's Office maintains a fleet of law enforcement vehicles some being leased and some being owned by theCounty. To keep the fleet of owned law enforcement vehicles in a safe and useful condition vehicles are replaced on aregular basis as budgets permit. The office currently has 2014 Dodge RAM pickup with approximately 81,000 milesthat is due to be replaced. The Sheriff met with the County's capital committee to discussed the replacement of thevehicle and discussed transferring the 2014 pickup to Lyon County Maintenance for trade in value of $15,000. Thecapital committee stated they would be supportive of bringing the matter to the full county board.

Bids for purchase were requested. The office received two bids from Kruse Ford and one from Lockwood Motors(see attached documents). Kruse bid two versions of a 2020 Ford pickup for the purchase price of $42,990 and$45,645, with no listed trade value of the 2014 vehicle. Lockwood's bid a 2019 Dodge RAM for a purchase price of$26,457 and offered $15,000 in trade for the 2014 vehicle if desired.

The Sheriff has the funds remaining in the budget for the purchase of a replacement vehicle. The Sheriff also spoke withthe head of county maintenance and the County Administrator who were both in favor of transferring the 2014 pickupto the maintenance department.

Supporting Documents:Vehicle Purchase Bids.pdf

Comments:

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LYON COUNTYREQUEST FOR BOARD ACTION

Requested Board Date:9/17/2019

Item: Part Time Deputy Hire

Originating Department: Sheriff

Presenter:McDonald

Board Action Requested:

Request Board to approve the hire of Larry Hanson as part time deputy. Expected start date is on or around October1st, with a starting wage of $23.27 at pay grade 10.

Request Board to approve Resolution to Hire a Peace Officer for Larry Hanson.

Background:

Interviewing took place on August 17th.

Supporting Documents:Resolution for a Peace Officer - Larry Hanson.doc

Comments:

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Resolution 2019-____

RESOLUTION FOR PEACE OFFICER

WHEREAS, the policy of the State of Minnesota declared in Minnesota Statutes 353.63 is to give special consideration to employees who perform hazardous work and devote their time and skills to protecting the property and personal safety of others; and

WHEREAS, Minnesota Statutes Section 353.64 permits governmental subdivision to request coverage in the Public Employees Police and Fire Plan for eligible employees of law enforcement departments whose position duties meet the requirements stated there in and listed below.

BE IT RESOLVED that the Sheriff’s Office of Lyon County, hereby, declares that the position title Deputy Sheriff currently held by Larry Hanson, meets all of the following Police and Fire membership requirements:

1. Said position requires a license byte Minnesota Peace Officer Standards and Training Board under sections 626.84 to 626.863 and this employee is so licensed; 2. Said position’s primary (over 50%) duty is to enforce the general criminal laws of the state; 3. Said position charges this employee with the prevention and detection of crime; 4. Said position give this employee the full power of arrest, and 5. Said position is assigned to a designated police or sheriff’s department.

BE IT FURTHER RESOLVED that this governing body hereby requests that the above-named employee be accepted as a member of the Public Employees Police and Fire Plan effective the date of this employee’s initial Police and Fire salary deduction by the governmental subdivision.

STATE OF MINNESOTA COUNTY OF LYON

I, Loren Stomberg, Lyon County Administrator, do hereby certify that this is a true and correct transcript of the resolution that was adopted at the Lyon County Board of Commissioners meeting held on the 17th dayof September 2019, the original of which is on file in this office. I further certify that all members voted in favor of this resolution and that all members were present and voting.

Signed ___________________________

Lyon County Administrator

Dated this 17th day of September 2019

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LYON COUNTYREQUEST FOR BOARD ACTION

Requested Board Date:9/17/2019

Item: Assessor Position

Originating Department: Administration

Presenter:Stomberg & McDonald

Board Action Requested:

Discuss Assessor position.

Background:

With the resignation of the current County Assessor, staff is looking for direction for replacing the position.

Supporting Documents:

Comments:

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LYON COUNTYREQUEST FOR BOARD ACTION

Requested Board Date:9/17/2019

Item: Ancillary Insurances

Originating Department: Administration

Presenter:McDonald

Board Action Requested:

Recommend Board to approve ancillary insurance proposals . Per the Minnesota 5 year bid Law 471.6161, Lifeinsurance bids were received in mid-June. The County Dental plan also went through an RFP process. The LTD, STD,Vision and Legal Shield coverages all have rate holds for 1/1/2020.

Background:

Staff recommends accepting low bid life insurance from Sun Life Financial. Guaranteed basic life costs to the Countydecreased by 5%, and guaranteed supplemental issuance increased to $50,000 per employee, $25,000 persupplemental spouse, and $10,000 per dependent. Staff recommends accepting lowest bid from Standard Dental. Byaccepting Standard Dental proposal, 2020 and 2021 dental insurance premiums and coverages remain unchanged.

Supporting Documents:Lyon County Renewal Letter 1.2020.pdf

Lyon County - Dental Comparison_1.2020.pdf

Lyon County - Life Analysis_1.2020.pdf

Comments:

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August 1st, 2019

Lyon County

607 W. Main Street

Marshall, MN 56258

Re: 2020 Renewal of Life, Long and Short Term Disability, Dental, Vision and Legal/ID Theft

Insurances

Lyon County’s insurance carriers have provided us with the following information:

Life Insurance

The Life Insurance plan is going through a formal request for proposal process for 1/1/2020. Proposals

will be analyzed by Integrity and a spreadsheet of results will be presented.

Long Term Disability

Sun Life Financial Policy No. 238772

Sun Life has determined that your Long Term Disability rates will remain unchanged for the coming

policy year at $0.189 /$100 of payroll effective 1/1/2020.

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Short Term Disability

Dearborn National Policy No. F019505

Dearborn has determined that your Voluntary Short Term Disability rates will remain unchanged for the

coming policy year. However, anyone moving into a new age bracket will see an increase effective

1/1/2020. The following rate schedule will apply:

Age Price per Month/$10 Weekly Benefit

Under 20 $.326

20-24 $.327

25-29 $.342

30-34 $.314

35-39 $.295

40-44 $.300

45-49 $.319

50-54 $.391

55-59 $.515

60-64 $.644

65-69 $.659

70+ $.745

Dental Insurance

The Dental Insurance plan is going through a request for proposal process for 1/1/2020. Proposals will be

analyzed by Integrity and a spreadsheet of results will be presented.

Vision Insurance

Avesis Policy No. 50790-1634

Sun Life has determined that your Vision insurance rates will remain unchanged for the coming policy

year. Effective 1/1/2020, the rates will be as follows:

Monthly Rates

Employee $5.57

Employee + 1 $9.73

Family $14.46

Legal/ID Theft

The rates associated with Legal/ID Theft Insurance with Legal Shield will remain unchanged.

Please let me know if there is anything else that you need at this time. We appreciate the opportunity to

continue to work with you and your employees in the communication and administration of your ancillary

employee benefits insurance program.

Jon Ochs | Dan Ochs | Jim Ochs | Aaron Anderson

Integrity Employee Benefits, LLC Phone 651-437-7977 | Toll Free 866-437-7977 | Fax 651-319-0528

[email protected] | www.integrityeb.com

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Dental Marketing

Lyon CountyDENTAL Sent Proposal Rate Guarantee

Sun Life / Assurant Incumbent 7% 2 year

Standard Received 0% 2 year

Unum Received 1% 2 year

Health Partners Received -6% 1 year

UHC Received 3% 1 year

Cigna Received 6% 1 year

Lincoln Financial Received 6% 1 year

Principal Received 6% 1 year

Met Life Received 9% 7% renewal rate cap

Ameritas Received 13% 1 year

Delta Received 14% 1 year

Blue Cross / Blue Shield Received 31% 1 year

Aetna Decline

Argus Dental Decline

Guardian Decline

Humana Decline

Met Life Decline

Mutual of Omaha Decline

Reliance Decline

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Lyon County EE"s Enrolled Standard Unum HP2019 2020 Renewal

Employee 54 $34.65 $37.08 $34.65 $35.35 $31.30

Employee&Spouse 13 $69.32 $74.17 $69.32 $70.71 $67.11

Employee&Child(ren) 9 $83.42 $89.26 $83.42 $85.10 $105.91

Employee&Family 16 $125.08 $133.84 $125.08 $127.60 $105.91

Total Premium Per Month $5,524 $5,911 $5,524 $5,636 $5,210

Total % Change Vs. Current 7% 0% 2% -6%

Maximum Benefit $1,000 $1,000 $1,000

Deductible Per Person $50 $50 $50

Deductible Max Family $150 $150

Deductible Waived on Preventative? Yes Yes Yes

Orthodontia 50% to $1000 50% to $1000 50% to $1000

Percentile of Usual and Customary 90% U&C 90% U&C Maximum Allowable Charge

Co-Insurance breakdown Co-Insurance breakdown Co-Insurance breakdown Co-Insurance breakdown

Preventative 100% 100% 100%

Basic Restorative 80% 80% 80%/50%

Basic Oral Surgery 80% 80% 80%

Complex Surgical Extractions 80% 80% 50%

Basic Periodontal Services 50% 50% 80%

Endodontic Therapy 50% 50% 80%

Complex Surgical Periodontal 50% 50% 50%

Major Restorative 50% 50% 50%

Prosthetic Services 50% 50% 50%

Implant 50% 50% 50%

NETWORK Any Dentist Any Dentist Any Dentist

In Town 0 1 1

w/in 20 Miles 3 4 2

CleaningsCleanings 2x per year Cleanings 2x per year Cleanings 2x per year

Xrays

*Xrays complete series every 5 years,

Bitewings every 12mo.

*Xrays complete series every 2 years,

Bitewings every 12mo.

*Xrays complete series every 5 years,

Bitewings every 12mo.

FillingsWhite fillings - Front and Back teeth White fillings - Front and Back teeth

White fillings - 80% for Front and 50%

for Back teeth

Waiting Periods

No Waiting Periods No Waiting Periods6 months for Basic, 12 months for

Major and Orthodontia

Cap for 2nd Year 2 Year Rate Guarantee 2 Year Rate Guarantee

Sun Life

$1,000

$50

$150

Yes

50% to $1000

90% U&C

Co-Insurance breakdown

80%

50%

100%

80%

80%

50%

Any Dentist

0

2

50%

50%

50%

50%

2 Year Rate Guarantee

Cleanings 2x per year

*Xrays complete series every 5 years,

Bitewings every 12mo.

White fillings - Front and Back teeth

6 months for Basic Restorative, 12

Months for all other Basic and Major

Services

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Life Vendor List

Lyon County

Life InsuranceCompany Response

Sourcewell - Sun Life Received

Unum Received

Sourcewell - Lincoln Financial Decline

Cigna Decline

Humana Decline

Principal Decline

United Health Care Decline

Guardian Decline

Hartford Decline

Reliance Decline

Standard Decline

Met Life Decline

Minnesota Life/Securian Decline

Mutual of Omaha Decline

Prudential (100+ lives) Decline

VOYA/ING Decline

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Lyon County

Formal RFP - Life Insurance*Calculations based on Insurance Volumes listed in the specifications

Lyon CountyTotal Difference Per Year

Premiums Paid Volume

Monthly Rate

Per $1,000

Cost Per

Month

Monthly Rate

Per $1,000

Cost Per

MonthDifference Per

Month

Monthly Rate

Per $1,000

Cost Per

MonthDifference Per

Month

Basic Life $6,550,000 0.087 $569.85 0.082 $537.10 0.160 $1,048.00

Basic AD&D $6,550,000 0.018 $117.90 0.018 $117.90 0.033 $216.15

Total per Month 0.105 $687.75 0.100 $655.00 -$32.75 0.193 $1,264.15 $576.40

-5% 84%

Units Per Unit

Cost Per

Month Per Unit

Cost Per

Month Per Unit

Cost Per

Month

Dependent Package 18 0.220 $3.96 0.22 $3.96 0.53 $9.59

Employee and Spouse Life & AD&D

Age (Calculated as of 1/1/2020) Volume

Rate per

$1,000

Life&AD&D

Cost Per

Month

Rate per $1,000

Life&AD&D

Cost Per

Month

Rate per $1,000

Life&AD&D

Cost Per

Month

Under 25 $30,000 0.046 $1.38 0.046 $1.38 0.076 $2.28

25-29 $410,000 0.046 $18.86 0.046 $18.86 0.077 $31.57

30-34 $800,000 0.046 $36.80 0.046 $36.80 0.060 $48.00

35 - 39 $680,000 0.075 $51.00 0.075 $51.00 0.100 $68.00

40 - 44 $850,000 0.075 $63.75 0.075 $63.75 0.120 $102.00

45 - 49 $985,000 0.122 $120.17 0.122 $120.17 0.170 $167.45

50 - 54 $560,000 0.179 $100.24 0.179 $100.24 0.250 $140.00

55 - 59 $330,000 0.311 $102.63 0.311 $102.63 0.450 $148.50

60 - 64 $375,000 0.462 $173.25 0.462 $173.25 0.680 $255.00

65 - 69 $120,000 0.859 $103.08 0.859 $103.08 1.290 $154.80

70+ $0 1.379 $0.00 1.379 $0.00 2.080 $0.00

AD&D Rate Included 0.018 YES 0.018 YES 0.020 YES

Total Supp EE and SP Life and AD&D Per Month $5,140,000 $771.16 $771.16 $0.00 $1,117.60 $346.44

0% 45%

$1,462.87 $1,430.12 -$32.75 $2,391.34 $928.47

-2% 63%

Difference per Year -$393 Difference per Year $11,142

Rate Guarantee N/A 2 Years 2 Years

Age Reductions on Basic Yes Yes Yes

Age Reductions on Supplemental No No No

Accelerated Death Benefit 75% 75% 100%

Unum

$11,142

Total Premium Per Month BASIC+SUPP+ DEP/CH

Current Plan - Sun Life Sun Life Financial

-$393

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Plan Details

Lyon County Current - Sun Life Sun LifeRating AM Best A+ A+

Employer Contribution (Basic Life & AD&D) $50,000 $50,000

Supplemental Maximum Employee $300,000 $300,000

Supplemental Maximum Spouse $150,000 $150,000

Child Life (Employee paid): $1,000 SP / $1,000 CH $1,000 SP / $1,000 CH

Guarantee Issue Supplemental $30,000 EE, $10,000 SP, Dep Package $100,000 EE, $25,000 SP, Dep Package +Open Enrollment/GI Opportunity at plan

takeover?Yes +

Accelerated Death Benefit 75% Accel. Benefit 75% Accel. Benefit

Waiver of Premium Yes Yes

Age Reductions on BasicYes, Amount Reduces to;

65-69 65%, 70-74 50%, 75+ 25%

Yes, Amount Reduces to;

65-69 65%, 70-74 50%, 75+ 25%

Age Reductions on Supplemental No No

Conversion Yes Yes

Value Add-ons Travel Assist, ID Theft Protection Travel Assist, ID Theft Protection

Rate Guarantee - 2 years +

Other Notes-

Consider offering a stand alone child life

benefit of $10,000 instead of the

dependent package

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LYON COUNTYREQUEST FOR BOARD ACTION

Requested Board Date:9/17/2019

Item: 2020 Preliminary Levy

Originating Department: Administration

Presenter:Stomberg

Board Action Requested:

Adopt a preliminary property tax levy for 2020

Background:

Each year the County Board of Commissioners is require to adopt a preliminary property tax levy by September 30. The levy amount is the amount that will be used for Truth-in-Taxation purposes and may not be increased when theboard sets the final levy in December.

Supporting Documents:SKMBT_C45219091209260.pdf

Comments:

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LYON COUNTYREQUEST FOR BOARD ACTION

Requested Board Date:9/17/2019

Item: Ditch assessment hearings

Originating Department: Auditor-Treasurer

Presenter:E.J. Moberg

Board Action Requested:

Review staff suggestions for ditch special assessments payable in 2020

Background:

Notice was published in the official newspaper on August 28, September 4 and September 11 of public hearings forvarious County Ditches at 1:00 PM and various Judicial/Joint Ditches at 1:45 PM on September 17th to considerspecial assessments on 53 drainage systems.

Supporting Documents:Notice - annual ditch assessment hearing for 2020 collections.docx

proposed payable 2020 ditch assessments.pdf

Comments:

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NOTICE OF PUBLIC HEARING

Notice is hereby given that Lyon County Commissioners, acting as the drainage authority for the applicable drainage system, will hold public hearings regarding ditch assessments to be payable in 2020 on Tuesday, September 17, 2019, at 1:00 p.m. for County Ditches and at 1:45 p.m. forJudicial/Joint Ditches at the Commissioner Room on the second floor of the Lyon County Government Center, 607 West Main Street, Marshall, MN 56258.

The purpose of these hearings is to review balances and determine ditch assessments for payable year 2020. Members/landowners of each ditch system and the general public who are interested or have concerns are encouraged to attend.

It has been determined that the following described ditches in the County of Lyon, State of Minnesota, have deficit balances or insufficient funds for proper maintenance, repair and other costs:

County Ditch No. 3 & 44 LAT A County Ditch No. 62County Ditch No. 5 IMPR County Ditch No. 63County Ditch No. 9 County Ditch No. 67County Ditch No. 10 County Ditch No. 68County Ditch No. 12 Judicial Ditch No. 3 LY&RCounty Ditch No. 13 Judicial Ditch No. 3 Y&LCounty Ditch No. 17 Judicial Ditch No. 6 FAIRVIEWCounty Ditch No. 19 & 35 Judicial Ditch No. 7 REP BCounty Ditch No. 20 Judicial Ditch No. 9 R&LCounty Ditch No. 21 Judicial Ditch No. 9 Lyons BR 11ACounty Ditch No. 24 Judicial Ditch No. 9 Lyons BR 11BCounty Ditch No. 25 Judicial Ditch No. 10 & 23County Ditch No. 27 Joint Ditch No. 12 L&LCounty Ditch No. 29 Judicial Ditch No. 12 L&YCounty Ditch No. 32 Judicial Ditch No. 12 R&L BR 1County Ditch No. 33 Judicial Ditch No. 13 L&RCounty Ditch No. 34 Judicial Ditch No. 14 Y&LCounty Ditch No. 38 Judicial Ditch No. 16 L&YCounty Ditch No. 39 Judicial Ditch No. 18 L&RCounty Ditch No. 40 Judicial Ditch No. 20A ML&RCounty Ditch No. 41 Judicial Ditch No. 22 R&LCounty Ditch No. 42 Judicial Ditch No. 24 L&YCounty Ditch No. 43 Judicial Ditch No. 27 M&LCounty Ditch No. 48 Judicial Ditch No. 31 R&LCounty Ditch No. 49 Judicial Ditch No. 37 R&LCounty Ditch No. 52 Joint Ditch No. 48 Y&LCounty Ditch No. 56

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The Lyon County Board of Commissioners therefore deems it necessary to assess a percentage of the benefits or assess a specific dollar amount on all lands benefited by said ditches for the purpose of creating a sufficient balance in said ditch accounts for past and future maintenance, repair and other costs of the aforementioned ditches.

Please contact Lyon County Ditch Inspector Todd Hammer at 507-532-8208 if you have any questions or desire additional information.

E.J. MobergLyon County Auditor/Treasurer

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County Ditch

COUNTY DITCH TRIAL BALANCE Year System Cash & Investment Proposed Proposed Proposed Projected CommentsBenefits Benefits Balance Asmt % set $ Asmt $ $ availableSet Jul-19 of benefits Asmt for 2020 for 2020

702 COUNTY DITCH NO. 3 & 44 1990 194,773.26 10,462.44 0% - 10,462.44 703 COUNTY DITCH NO. 3 & 44 LAT A 1967 35,527.00 (1,287.72) 20% 7,105.40 5,817.68 705 COUNTY DITCH NO. 4 1956 59,623.35 19,474.10 0% - 19,474.10 redetermination ordered 4/02/19707 COUNTY DITCH NO. 5 IMPR 1991 166,141.50 (9,089.85) 20% 33,228.30 24,138.45 pump replacement709 COUNTY DITCH NO. 6 IMPR 1995 277,877.31 40,964.14 0% - 40,964.14 711 COUNTY DITCH NO. 7 IMPR 1994 853,275.30 137,586.98 0% - 137,586.98 712 COUNTY DITCH NO. 9 1910 35,885.00 2,582.28 20% 7,177.00 9,759.28 low cash balance714 COUNTY DITCH NO. 10 2016 1,269,702.95 324.63 1% 12,697.03 13,021.66 low cash balance716 COUNTY DITCH NO. 11 1966 32,160.00 5,711.95 0% - 5,711.95 redetermination ordered 4/02/19718 COUNTY DITCH NO. 12 2019 889,936.12 (17,636.52) 4% 35,597.44 17,960.92 accepted redetermination in 2019720 COUNTY DITCH NO. 13 2016 2,402,610.79 (4,691.76) 1% 24,026.11 19,334.35 deficit cash722 COUNTY DITCH NO. 14 1985 106,000.00 56.77 0% - 56.77 redetermination ordered 12/15/15723 COUNTY DITCH NO. 14 REDET - (5,211.00) 0% - (5,211.00) active petition for improvement724 COUNTY DITCH NO. 15 1916 127,604.00 33,225.40 0% - 33,225.40 725 COUNTY DITCH NO. 15 LAT A 1993 184,357.70 26,603.33 0% - 26,603.33 727 COUNTY DITCH NO. 17 2019 387,423.85 (242.43) 5% 19,371.19 19,128.76 accepted redetermination in 2019729 COUNTY DITCH NO. 18 1993 523,970.25 25,826.97 0% - 25,826.97 731 COUNTY DITCH NO. 19 & 35 1962 57,994.00 8,370.01 20% 11,598.80 19,968.81 pending inlet repair & ditch cleaning733 COUNTY DITCH NO. 20 1917 17,425.50 4,582.70 5,000.00 5,000.00 9,582.70 low cash balance735 COUNTY DITCH NO. 21 1916 9,888.00 1,029.91 5,000.00 5,000.00 6,029.91 low cash balance737 COUNTY DITCH NO. 24 1916 13,310.00 1,486.40 5,000.00 5,000.00 6,486.40 low cash balance739 COUNTY DITCH NO. 25 2019 134,355.29 (1,663.19) 10% 13,435.53 11,772.34 accepted redetermination in 2019741 COUNTY DITCH NO. 27 1916 12,720.00 2,858.95 5,000.00 5,000.00 7,858.95 low cash balance743 COUNTY DITCH NO. 29 1920 47,984.00 21,467.86 10% 4,798.40 26,266.26 cleanout in 2018, bank repair in 2019745 COUNTY DITCH NO. 32 1965 22,290.00 (11,636.81) 20,000.00 20,000.00 8,363.19 deficit cash; flood repair in 2018747 COUNTY DITCH NO. 33 1917 11,635.00 621.02 7,000.00 7,000.00 7,621.02 low cash balance749 COUNTY DITCH NO. 34 2003 329,229.00 (7,745.10) 5% 16,461.45 8,716.35 deficit cash751 COUNTY DITCH NO. 36 1998 175,192.73 16,033.31 0% - 16,033.31 753 COUNTY DITCH NO. 37 1972 43,478.00 26,497.82 0% - 26,497.82 754 COUNTY DITCH NO. 37 LAT A 1983 73,115.00 21,279.96 0% - 21,279.96 755 COUNTY DITCH NO. 37 LAT B 2016 282,693.33 23,683.50 0% - 23,683.50 756 COUNTY DITCH NO. 38 1917 15,616.00 8,224.56 20% 3,123.20 11,347.76 future tile repair759 COUNTY DITCH NO. 39 2007 73,831.76 8,986.41 5% 3,691.59 12,678.00 future outlet cleaning760 COUNTY DITCH NO. 40 1999 131,661.00 6,832.32 5% 6,583.05 13,415.37 future maintenance762 COUNTY DITCH NO. 41 1917 12,395.00 1,303.81 6,000.00 6,000.00 7,303.81 low cash balance764 COUNTY DITCH NO. 42 1919 7,970.00 2,729.27 3,000.00 3,000.00 5,729.27 future maintenance766 COUNTY DITCH NO. 43 1918 37,783.80 7,369.59 15% 5,667.57 13,037.16 future tile repair768 COUNTY DITCH NO. 48 1994 289,427.00 25,798.28 2% 5,788.54 31,586.82 FEMA project possible770 COUNTY DITCH NO. 49 2019 374,091.51 (1,585.10) 4% 14,963.66 13,378.56 accepted redetermination in 2019772 COUNTY DITCH NO. 51 1920 10,354.00 886.28 0% - 886.28 redetermination ordered 12/15/15774 COUNTY DITCH NO. 52 1922 26,184.00 497.56 20% 5,236.80 5,734.36 low cash balance776 COUNTY DITCH NO. 55 1946 22,852.00 14,894.02 0% - 14,894.02 redetermination ordered 4/02/19778 COUNTY DITCH NO. 56 2003 373,406.00 12,110.10 2% 7,468.12 19,578.22 future crosssing repair780 COUNTY DITCH NO. 60B 1990 809,602.00 160,952.13 - 160,952.13 782 COUNTY DITCH NO. 62 1996 4,129,829.23 75,142.43 20,000.00 20,000.00 95,142.43 future maintenance784 COUNTY DITCH NO. 63 1955 132,354.00 1,482.88 15% 19,853.10 21,335.98 low cash balance, 2017 cleaning786 COUNTY DITCH NO. 64 1956 23,109.00 3,479.64 0% - 3,479.64 redetermination ordered 12/15/15788 COUNTY DITCH NO. 67 1962 21,472.00 8,499.32 20% 4,294.40 12,793.72 future maintenance790 COUNTY DITCH NO. 68 1966 57,509.00 5,344.44 10% 5,750.90 11,095.34 repairs in 2018, future tree spraying792 COUNTY DITCH NO. 69 1986 904,556.00 39,255.54 0% - 39,255.54 redetermination ordered 4/02/19794 COUNTY DITCH NO. 70 1966 170,818.00 (119,353.92) 0% - (119,353.92) redetermination ordered 10/18/11

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County Ditch

COUNTY DITCH TRIAL BALANCE Year System Cash & Investment Proposed Proposed Proposed Projected CommentsBenefits Benefits Balance Asmt % set $ Asmt $ $ availableSet Jul-19 of benefits Asmt for 2020 for 2020

795 COUNTY DITCH NO. 70 REDET (2,966.52) 0% - (2,966.52) redetermination ordered 10/18/11799 YMRW 7 478,444.00 - -

0 unallocated (3,728.22) - (3,728.22) to be allocated later this year

TOTAL 16,881,443.53 627,680.87 343,917.58 971,598.45

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Joint (or Judicial) Ditch

JOINT DITCH TRIAL BALANCE Year System Cash & Investments Proposed Proposed Proposed Projected CommentsBenefits Benefits Balance Asmt % set $ Asmt $ $ availableSet Jul-19 of benefits Asmt for 2020 for 2020

902 Judicial Ditch No. 2 LYON 1985 212,571.00 58,792.26 0% - 58,792.26 redetermination ordered 4/02/19904 Judicial Ditch No. 3 L Y & R 1955 18,267.50 1,975.01 5,000.00 5,000.00 6,975.01 low cash balance906 Judicial Ditch No. 3 Y & L 2014 750,748.40 7,155.73 1% 7,507.48 14,663.21 future maintenance908 Judicial Ditch No. 6 FAIRVIEW 2013 2,901,235.59 52,547.14 10,000.00 10,000.00 62,547.14 future tile outlet repair and cleaning910 Judicial Ditch No. 7 REP B 1910 18,564.00 14,748.57 20% 3,712.80 18,461.37 future cleaning and straightening914 Judicial Ditch No. 9 R & L 10,020.25 1,665.59 5,000.00 5,000.00 6,665.59 low cash balance915 Judicial Ditch No. 9 Lyons BR 11A 1999 64,194.60 2,469.38 15% 9,629.19 12,098.57 future tile repair917 Judicial Ditch No. 9 Lyons BR 11B 1995 181,523.30 1,746.14 5% 9,076.17 10,822.31 future tile repair919 Judicial Ditch No. 10 & 23 2000 350,545.21 43,399.77 5% 17,527.26 60,927.03 future repair in Tracy920 Judicial Ditch No. 10 YLR 2018 4,151,974.66 (110,539.75) - (110,539.75) multi-year assessment set by jt bd922 JOINT DITCH NO. 12 L & L 1985 72,526.00 23,630.38 5% 3,626.30 27,256.68 future maintenance924 Judicial Ditch No. 12 L & Y 1949 69,780.00 (2,560.74) 15% 10,467.00 7,906.26 deficit cash, continual tile repair925 Judicial Ditch No. 12 R & L 1980 3,100.92 0% - 3,100.92 926 Judicial Ditch No. 12 R & L BR 1 1985 54,255.00 10,943.49 10% 5,425.50 16,368.99 future tile repair928 Judicial Ditch No. 13 L & R 1916 8,700.00 2,047.31 5,000.00 5,000.00 7,047.31 low cash balance930 Judicial Ditch No. 13 L & L 2016 882,506.58 36,323.78 0% - 36,323.78 932 Judicial Ditch No. 14 R & L 1916 1,466.00 1,489.26 0% - 1,489.26 possible redetermination934 Judicial Ditch No. 14 Y & L 1925 26,351.00 1,480.56 20% 5,270.20 6,750.76 bill from Yellow Medicine936 Judicial Ditch No. 15 R & L 1917 63,834.50 (2,369.33) 0% - (2,369.33) active petition for improvement938 Judicial Ditch No. 15 L & R Impr 1999 603,612.73 21,477.13 0% - 21,477.13 possible redetermination940 Judicial Ditch No. 16 L & Y 1921 44,550.00 3,603.86 15% 6,682.50 10,286.36 low cash balance, future tile repair942 Judicial Ditch No. 17 Y & L 1921 1,670.00 863.40 0% - 863.40 redetermination ordered 2/12/19944 Judicial Ditch No. 18 Y & L 1921 8,960.00 (4,830.87) 0% - (4,830.87) redetermination ordered 2/12/19946 Judicial Ditch No. 18 L & R 1956 113,485.00 13,867.20 10% 11,348.50 25,215.70 future cleaning and tree spraying948 Judicial Ditch No. 20A M L & R 2019 3,007,151.35 (676.68) 1% 30,071.51 29,394.83 Improvement/Redetermination949 Judicial Ditch No. 20 L M R IMPR - (170.82) 0% - (170.82) Improvement/Redetermination950 Judicial Ditch No. 20 Y & L 2017 256,526.89 12,385.32 0% - 12,385.32 952 Judicial Ditch No. 22 R & L 1974 1,630.00 133.63 3,000.00 3,000.00 3,133.63 low cash balance956 Judicial Ditch No. 24 L & Y 1958 32,203.50 4,763.91 15% 4,830.53 9,594.44 958 Judicial Ditch No. 24 Y & L 1956 11,776.50 3,756.65 - 3,756.65 redetermination ordered 2/12/19959 Judicial Ditch No. 24 Y & L LAT 1 & 1A 2012 341,580.60 3,111.44 - 3,111.44 redetermination ordered 2/12/19960 Judicial Ditch No. 27 M & L 1919 3,384.00 108.68 3,000.00 3,000.00 3,108.68 low cash balance962 Judicial Ditch No. 31 L & L 2016 1,910,254.29 28,947.34 0% - 28,947.34 964 Judicial Ditch No. 31 R & L 1955 23,080.00 5,447.20 20% 4,616.00 10,063.20 future maintenance966 Judicial Ditch No. 34 R & L 1955 177,661.00 44,284.42 0% - 44,284.42 968 Judicial Ditch No. 37 R & L 1959 12,588.50 3,156.11 5,000.00 5,000.00 8,156.11 low cash balance980 JOINT DITCH NO. 48 Y & L 2017 42,997.40 3,435.35 15% 6,449.61 9,884.96 low cash balance

TOTAL 16,432,175.35 291,708.74 172,240.55 463,949.29

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