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The Docket · Government Meeting · DKT-2026-004559

On the agenda: Winona meeting — Data Center (Oct 27)

⚠ Agenda Watch  Winona, Minnesota · Tuesday, October 27, 2026 — today

About this record

The published agenda for this October 27 meeting contains: "Data Center", "data center". This is the public record BEFORE the vote — read the document, then show up. Public comment is where cancellations start.

WhenTuesday, October 27, 2026
Check the agenda document for the meeting time.
WhereWinona, Minnesota
Bodymeeting Oct 27, 2026
Money$300 on the table
On the record“Data Center”“data center”

The agenda, word for word

Government public record — the full text of the published document, archived October 23, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗

123 pages · scroll to read
Page 1 of 123

Board of County Commissioners
Meeting Agenda

2025 County Board Goals

Winona County Board Room
County Office Building,
202 West Third Street
Winona, MN 55987

Mission. Make it a great day to live in Winona County.
Vision. Serving Winona County through:
•
Broad public participation
•
Effective and efficient services
•
Prudent stewardship of Public resources

January: 1st, 2nd Tuesday, 9 AM.; & 4th Tuesday, 6 PM
February-November: 2nd Tuesday, 9 AM; & 4th Tuesday, 6 PM
December: 2nd Tuesday, 6 PM; & 4th, 9 AM

Core Values. Leadership, Service, Accountability, and Innovation

#2026-22

October 27, 2026
Planning and Env.
Services

1. COMMITTEE OF THE BOARD - 5:45 P.M.
1.1
Discuss/Provide Direction Regarding Winona County Zoning Ordinance
After-the-Fact Penalties

p. 9

2. CALL TO ORDER - 6:00 P.M.
2.1
Pledge of Allegiance
3. PUBLIC COMMENT - (2 min per speaker - 10 minute total)

Administration
Administration

4. APPROVAL OF COUNTY BOARD MINUTES
4.1
Closed Session – October 13, 2026
4.2
County Board – October 13, 2026

p. 15
p. 16

5. ACKNOWLEDGE RECEIPT OF APPROVED COMMITTEE MINUTES
6. CONSENT COMMENTS & APPROVAL OF AGENDA
7. CONSENT BUSINESS
DEPARTMENT RECOMMENDATIONS
7.1
Approve Resolution to Cancel Stale Warrant-Checks
7.2
Approve Contract with Winona Health for Navigator Services

Auditor-Treasurer
Health and Human
Services
Information Technology

7.3

Maintenance
Maintenance

7.4
7.5

Planning and Env.
Services
Finance
Finance
Finance

7.6
7.7
7.8
7.9

p. 20

p. 23
Approve Agreement with Minnesota IT Services for Threat and Vulnerability
Management
p. 43
Approve Renewal of Lease at 30 Liberty Street
p. 73
Approve Contract with LRS of Minnesota, LLC for Solid Waste Collection at
p. 83
County Facilities
Approve Renewal of OpenGov Permitting Software
p. 89
Approve Sheriff's Office Squad Replacement and Disposal
p. 102
Approve Resolution for Donations Received 7/1/2026-9/30/2026
p. 104
Confirm Payment of Disbursements
p. 106
WINONA COUNTY BOARD OF COMMISSIONERS

First District
Chris Meyer
322 High Forest Street
Winona MN 55987
(507) 701-1228

Second District
Dwayne Voegeli
359 Pleasant Hill Drive
Winona MN 55987
(507) 961-3178

Third District
Josh Elsing
462 E. 4th St
St. Charles MN 55972
(507) 429-1474

Fourth District
Greg Olson
216 Grand St
Winona MN 55987
(507) 458-5698

Fifth District
Marcia Ward
30978 Four Farms Rd
Dakota MN 55952
(507) 643-6389

Page 2 of 123

Board of County Commissioners
Meeting Agenda

2025 County Board Goals

Winona County Board Room
County Office Building,
202 West Third Street
Winona, MN 55987

Mission. Make it a great day to live in Winona County.
Vision. Serving Winona County through:
•
Broad public participation
•
Effective and efficient services
•
Prudent stewardship of Public resources

January: 1st, 2nd Tuesday, 9 AM.; & 4th Tuesday, 6 PM
February-November: 2nd Tuesday, 9 AM; & 4th Tuesday, 6 PM
December: 2nd Tuesday, 6 PM; & 4th, 9 AM

Core Values. Leadership, Service, Accountability, and Innovation

#2026-22

October 27, 2026

Auditor-Treasurer
Administration
Administration

8. GENERAL BUSINESS
DEPARTMENT RECOMMENDATIONS
8.1
Select Two Commissioners to Serve on November 3 General Election
Canvass Board
8.2
Receive Strategic Plan Update
8.3
Discuss/Provide Direction/Adopt Resolution - Commissioners 2027 Salaries

p. 107
p. 108
p. 119

9. COMMITTEE REPORTS/COMMUNICATIONS
10. ADJOURN

WINONA COUNTY BOARD OF COMMISSIONERS
First District
Chris Meyer
322 High Forest Street
Winona MN 55987
(507) 701-1228

Second District
Dwayne Voegeli
359 Pleasant Hill Drive
Winona MN 55987
(507) 961-3178

Third District
Josh Elsing
462 E. 4th St
St. Charles MN 55972
(507) 429-1474

Fourth District
Greg Olson
216 Grand St
Winona MN 55987
(507) 458-5698

Fifth District
Marcia Ward
30978 Four Farms Rd
Dakota MN 55952
(507) 643-6389

Page 3 of 123

Policy: Winona County Board Ground Rules

Date Approved by County Board: February 28, 2023
Supersedes Policy Date: June 9, 2020

Policy
It is a goal of Winona County to foster open and transparent government. These Ground Rules provide
guidance in the management of public meetings and related activities conducted on behalf of Winona
County and its affiliates. The rules adopted herein provide a framework within which to share topics and
opinions in a civil, fair, and equitable manner.
These rules apply to Winona County Commissioners, appointed officials, meeting attendees and others
herein mentioned. This policy and these rules promote decorum and foster smooth operation of the
County’s public meetings.
A. Meeting Decorum
1. All cell phones and other electronic devices that have the potential to disrupt the meeting must be
turned off or on silent.
2. All attendees will adhere to Winona County’s Respectful Workplace Policy.
3. Except for the public comment section of the agenda or unless there is a published public hearing,
audience members cannot speak unless asked a direct question. Board members will not
circumvent this rule by asking non-specific questions. Members of the public may only speak at a
public County Board meeting after being recognized by the Chairperson and after stating their
name and city or township of residence. Comments are limited to two minutes unless otherwise
determined by the County Board. Advisory committees do not need to allow public comments
unless desired, however, should public comments be allowed, the same rules and procedures for
public comments session will apply to all board meetings and advisory committee meetings.
4. Board members will not engage in debate with the public. All participants in the meeting should
respect the rights of others when speaking and refrain from talking over each other or speaking at
the same time.
5. During the County Board Meetings, County Board members, the County Attorney, and County
Administrator must raise their hand to be recognized and to speak, except for motions and
seconds. The County Attorney and County Administrator may take part in any discussion but shall
not vote.
6. Unless otherwise authorized by the County Board or required by statute, these rules, and Robert’s
Rules of Order (see Appendix B, Ladder of Motions) will serve as the model for conducting
meetings. Where conflicts exist between Robert’s Rules and this policy, this policy shall prevail.
7. Appendix A, Summary of Motions, provides a detailed list of motion types, definitions, voting
requirements and procedures to be followed during public meetings.
County Board Agenda Packet, Page 3

Page 4 of 123

8. Policy decisions shall not be revisited for a one (1) year period unless the situation or circumstance
change substantially, and a four-fifths majority of the County Board agrees to reopen the policy for
discussion.
B. Agendas
1. The County Administrator prepares and places items on County Board public meeting agendas.
Public meeting notices must be reviewed by the County Administrator’s office before public
release.
2. Any two (2) Commissioners can request an item be added to the Committee of the Board meeting
by each Commissioner sending an email to the County Administrator or verbally requesting during
a County Board meeting. A Commissioner can discuss an item outside of a County Board meeting
with only one other Commissioner. The Committee of the Board is a standing meeting on the same
day of each regular County Board meeting, occurs after the morning meeting and before the night
meeting, last no more than one (1) hour, no formal decisions can be made, and if a majority of the
Board wishes to move the item forward it would come back to the next regular Board meeting.
3. Agenda items should be limited to legislative actions, quasi-judicial decisions, policy discussions,
or informational presentations or reports.
4. All agendas will include the County Board Ground Rules and the Respectful Workplace policy.
C. Role of the Chairperson
1. The role of the Chairperson is to preside over meetings of the County Board, facilitate courteous
discussion and conduct the County Board’s business in an orderly fashion. When the group is not
in session, the Chairperson’s duties include acting as the head of the County Board, its
representative to the outside world and its spokesperson.
2. The Chairperson may sign documents approved by the County Board on their behalf. The
Chairperson may also sign documents of a ceremonial nature on behalf of the County Board.
3. While respecting the right of the Chairperson to express their views, the Chairperson should seek
to move the discussion forward by finding common ground among the varying views of the
Commissioners where possible and promote civil resolution of differences.
4. The Chairperson may participate in discussion just as any other board member and may also make
motions and vote on all questions. The County Board Chairperson shall vote on all questions
before the Board unless there is a conflict of interest, in which case the Chairperson must abstain
or recuse himself/herself. The County Board Chair shall cast the last vote on all questions unless it
is a voice vote. The Chairperson should not use the chair position as a means to stifle debate.
5. The Chair is responsible for facilitating discussion by recognizing speakers in order based on the
sequence of when the Chair observes the raising of their hand. The Chairperson may voice their
opinion just as any other board member but must wait and speak last to any issue.
6. If the Chair makes a motion or seconds a motion, the Chair must pass the gavel to the Vice Chair
unless the Vice Chair seconded the motion in which case the gavel will be passed to the next
senior Commissioner. The gavel is passed for discussion of the motion and taking a vote on the
motion. The gavel will be returned to the Chair once a vote is taken on the motion.
7. All Public Hearings open with a motion and close with a motion.
8. Commissioners will refer to each other in Board Meeting as Commissioner (last name), but at
Committee of the Board, the use of first names is permissible.
County Board Agenda Packet, Page 4

Page 5 of 123

D. Management
1. Individual Commissioners are not to direct employee(s).
2. Commissioners set policy and should not micro-manage.
3. All inquiries for information (other than simple requests) go through Administration. The
expectation is that the County Administrator will respond within one to two business days.
4. Commissioners and the County Administrator will attempt to keep everyone informed and work
toward good communication using caution not to violate the open meeting laws.
5. Commissioners will not pressure or otherwise seek to persuade staff to promote their agenda. Staff
shall be neutral in the performance of their job duties and seek to assist elected officials equally
and on a non-partisan basis. This provision does not restrict the rights of employees in the exercise
of their personal beliefs when not acting in their official capacity as County employees.
6. When a staff member believes a potential conflict of interest exists involving individual gain, it is
the employee’s duty to avoid any situation which he/she believes has the potential for a conflict of
interest.
7. Staff should follow the chain of command and try to resolve issues at the lowest level possible.
E. Modification and Scope
1. Modifications, additions, or deletions to this policy may be proposed at any meeting (special or
regular) of the Commissioners but cannot be voted on until the next regular County Board
meeting. A simple majority is needed to modify, add or delete rules at that time.
2. Commissioners should respectfully remind each other and Administration if they observe a breach
of these ground rules.
3. Commissioners should be deliberate in making a distinction between their view and that of the
County Board. Caution should be exercised when using the title in a public setting, as it tends to
foster the belief that the entire Board supports the speaker’s action or viewpoint. When speaking in
public, Commissioners should disclose their title and indicate whether they are speaking in an
official or non-official capacity.
F. Goals
1. The County Board will set goals annually as part of the Strategic Planning process. Administration
and all departments will work to support and facilitate the accomplishment of the County Board’s
goals by establishing annual goals in alignment with those of the County Board.
2. County Board overarching goals will be prominently displayed in the agenda of County Board
public meetings.
This policy supersedes all previous policies of the same nature. Where any policy adopted by the County
Board or otherwise enacted by the County conflicts with this policy, this policy shall govern.
WINONA COUNTY BOARD OF COMMISSIONERS

Chris M. Meyer, County Board Chair

County Board Agenda Packet, Page 5

Page 6 of 123

Appendix A
Summary of Motions

Kind of Motion

Debatable

Amendable

Main Motion
To Postpone Indefinitely

Second
Required
Yes
Yes

Yes
Yes

Yes
No

Vote
Required
Majority
Majority

To Amend
To Refer to Committee

Yes
Yes

Yes
Yes

Yes
Yes

Majority
Majority

To Postpone to a certain time
Limit or Extend Limits of Debate
Call the Previous Question
Lay on the Table

Yes
Yes
Yes
Yes

Yes
No
No
No

Yes
Yes
No
No

Majority
2/3 Majority
2/3 Majority
Majority

Call for the Orders of the Day

Yes

No

No

None

Raise of Question of Privilege

No

No

No

None

Take Recess

Yes

No

No

Majority

Adjourn
Fix the Time to Adjourn
Point of Order
Object of Consideration of a Question

Yes
Yes
No
No

No
Yes
No
No

No
No
No
No

Majority
Majority
None
2/3 Majority
(in the neg.)

Division of the Assembly
Reconsider the Vote

No
Yes *

No
Yes

No
No

None
Majority

Suspend the Rules

Yes

No

No

2/3 Majority

Appeal from the Decision of the Chair

Yes

No

No

Majority

Request Information

No

No

No

None

To answer questions of the members.

Withdraw a motion

No

No

No

None

To withdraw a motion before it is voted on

Take a Motion from the Table

Yes

Yes

No

Majority

To bring before the Board, a motion
previously tabled

* Yes, if the motion to be reconsidered is debatable.

County Board Agenda Packet, Page 6

Purpose
To introduce new business
To kill a motion without bringing it to a
vote
To modify or alter a motion
To place business in the hands of a
committee
To delay action
To limit or extend limits of debate
To close debate immediately
To set aside an item of business
temporarily
To demand that the Chair proceeds with
the regular order of business
To obtain action immediately in an
emergency
To interrupt a meeting for a short time or
provide an intermission
To end the meeting
To set a time to adjourn meeting
To enforce the rules of the Board
To prevent the main motion from being
considered. Only used if discussion has
not already begun on the motion
To secure a standing vote
To secure a new vote on a motion
previously voted on
To facilitate business ordinarily against the
rule of the Board
To ensure the majority of the Board
members agree with the ruling of the Chair

Page 7 of 123

Appendix B
Ladder of Motions

County Board Agenda Packet, Page 7

Page 8 of 123

WINONA COUNTY BOARD OF COMMISSIONERS
RULES AND PROCEDURES
FOR THE PUBLIC COMMENT SESSION OF REGULAR BOARD MEETINGS
1.

A Public Comment session shall be held at every regular Winona County Board Meeting.

2.

The Public Comment session shall be noticed on every regular County Board Meeting Agenda and shall
be placed after the Pledge of Allegiance and before the business part of the meeting.

3.

The Public Comment session shall be limited in time to no more than 10 minutes, or modified per the
discretion of the Board.

4.

Each speaker during the Public Comment session shall be limited to 2 minutes. Speaker handouts are
public information. The County may make copies of such handouts for the public if needed.

5.

Each speaker shall only speak once during the Public Comment session.

6.

Each speaker must be recognized by the Chair before speaking.

7.

Public comment during the Public Comment session shall be comment only. The public and
commissioners can not engage in a debate. Questions from commissioners shall be limited to points of
clarification. The Board Chair may limit the discussion if necessary to maintain order and adherence to
these rules.

8.

The Board Chair reserves the right to limit an individual’s presentation if redundant, repetitive, overly
argumentative, or is not relevant to an issue that is part of Winona County’s responsibilities. Personal
attacks, threats of violence, or use of the Board meeting as a forum for politics or campaign-type
presentations shall not be allowed.

9.

Sufficient warnings may be given by the Chair at any time during the remarks and in the event that any
individual shall violate the rules of decorum set forth, the Chair may then cut off comment. Any person
who violates the rules of decorum may be removed from the meeting at the direction of the Chair.

10.

A personnel complaint against an individual County employee may not be heard initially at a Board
meeting. Personnel complaints may be submitted to the Board in writing through the County
Administrator’s office. Complaints regarding the County Administrator may not be heard initially at a
Board meeting, but must be submitted in writing to the County Board chair.

11.

There shall be a copy of these Public Comment Session Rules and Procedures provided with every
regular County Board meeting agenda.

Approved by the Winona County Board

01-27-2015
County Board Agenda Packet, Page 8

Page 9 of 123

REQUEST FOR COUNTY BOARD ACTION
Items must be received in the Administrator’s Office by Monday at 12:00 Noon, 15 days
prior to the scheduled meeting to be considered.

Item# 1.1
Meeting Date:
Department:
Title:

Committee of the
Board

10/27/2026
Planning and Env. Services
Discuss/Provide Direction Regarding Winona County Zoning Ordinance Afterthe-Fact Penalties

======================================================================
Background:
The Winona County Zoning Ordinance provides for the application of an After-the-Fact (AFT) penalty fee that may
be applied when permits are not obtained as required under the WCZO of between $300-$1000. The WCZO provides
the authority to apply the fee but has allowed director discretion on how penalties are applied providing the potential
for differential application. No formal written process has been developed.

Summary of the Issue:
To ensure consistent application of penalties, a written plan providing for factors to be taken into consideration in
determining penalty amount appears to be the best course of action. Past practice and procedure has been to not apply
an ATF penalty if the resident initiates contact with the department within 10 days of issuance of a Corrective Action
Notice for failure to obtain required permit(s). Non-responsive or delayed response have resulted in the doubling of
the required fee. Agricultural structure Development Certificates have historically not been charged a fee which has
led some residents to believe no permit is required. This has resulted in construction violations requiring ATF
variances and situations where removal of structures is the proper/recommended course of action. Board of
Adjustment and Planning Commission have both expressed a desire for penalties to be assessed especially where the
violations appear to be willful. Attached is an outline of factors that may be used when considering application of
penalties for discussion.

Funding:
No funding rquired.

Recommendation:
Discuss/Provide Direction Regarding Winona County Zoning Ordinance After-the-Fact Penalties.

County Board Agenda Packet, Page 9

Page 10 of 123

After-the-Fact Permitting Penalty Considerations
Failure to Obtain Required Permit
Work Initiated or Complete.
1. Resident responds to initial notice within 10 days. No prior violations.
a) Brings violations into compliance promptly (based on time needed to properly
correct situation)
b) Does not bring violation into compliance promptly (based on time needed to
properly correct situation.
1) Brings into Compliance
2) Legal Action or extended enforcement needed
c) Violation not correctable by other than ATF Variance/CUIP
2. Resident responds to initial notice within 10 days. Has previous violations
a) Brings violations into compliance promptly (based on time needed to properly
correct situation)
b) Does not bring violation into compliance promptly (based on time needed to
properly correct situation
1) Brings into Compliance
2) Legal action or extended enforcement needed
c) Violation not correctable by other than ATF Variance/CUIP
3. Resident does not respond initial notice within 10 days. No prior violations.
a) Brings violations into compliance promptly (based on time needed to properly
correct situation)
b) Does not bring violation into compliance promptly (based on time needed to
properly correct situation
1) Brings into Compliance
2) Legal action or extended enforcement needed
c) Violation not correctable by other than ATF Variance/CUIP
4. Resident does not respond initial notice within 10 days. Has prior violations.
a) Brings violations into compliance promptly (based on time needed to properly
correct situation)
b) Does not bring violation into compliance promptly (based on time needed to
properly correct situation
1) Brings into Compliance
2) Legal action or extended enforcement needed
c) Violation not correctable by other than ATF Variance/CUIP

County Board Agenda Packet, Page 10

Page 11 of 123

After-the-Fact Permitting Penalty Considerations
Failure to Obtain Required Permit
Work Initiated or Complete.
1. Resident responds to initial notice within 10 days. No prior violations.
a) Brings violations into compliance promptly (based on time needed to properly
correct situation)
b) Does not bring violation into compliance promptly (based on time needed to
properly correct situation.
1) Brings into Compliance
2) Legal Action or extended enforcement needed
c) Violation not correctable by other than ATF Variance/CUIP
2. Resident responds to initial notice within 10 days. Has previous violations
a) Brings violations into compliance promptly (based on time needed to properly
correct situation)
b) Does not bring violation into compliance promptly (based on time needed to
properly correct situation
1) Brings into Compliance
2) Legal action or extended enforcement needed
c) Violation not correctable by other than ATF Variance/CUIP
3. Resident does not respond initial notice within 10 days. No prior violations.
a) Brings violations into compliance promptly (based on time needed to properly
correct situation)
b) Does not bring violation into compliance promptly (based on time needed to
properly correct situation
1) Brings into Compliance
2) Legal action or extended enforcement needed
c) Violation not correctable by other than ATF Variance/CUIP
4. Resident does not respond initial notice within 10 days. Has prior violations.
a) Brings violations into compliance promptly (based on time needed to properly
correct situation)
b) Does not bring violation into compliance promptly (based on time needed to
properly correct situation
1) Brings into Compliance
2) Legal action or extended enforcement needed
c) Violation not correctable by other than ATF Variance/CUIP

County Board Agenda Packet, Page 11

Page 12 of 123

Current After the Fact Fees
After the Fact Fees for not obtaining
proper permits (e.g. SSTS, Conditional
Use/Interim Use Permits, Variances, Land
Disturbance, non-submittal of
Development Certificates (does not
include Shoreland/Buffer violations,
Feedlot or Wetland violations, listed
elsewhere)).

Fee shall be the amount of the permit fee
(which also needed to be paid) for permits
acquired up to and including ten days after
installation; if permit is obtained more than
10 days after an installation, the extra fee
will be the cost of the permit fee x 2 (plus
original permit fee). Repeat offenses are
subject to up to $1,000 in additional
fees/penalties or license review by the
MPCA.

Feedlot Permit After the Fact Fee
After the fact unpermitted wetland
disturbance

$175.00 + above permit fee
$100.00 for first 10 days/violation after
notification, per occurrence + permit fee;
thereafter $500.00/day + permit fee.
Additional or other penalties may also be
applicable.

Variance After the Fact
Accessory Structure Ag Building

$550.00 penalty + $550 application
No charge if Development Certificate permit
obtained before building; $200 if after the
fact. Note, charge waived for farm storage
only.

County Board Agenda Packet, Page 12

Page 13 of 123

Main Calendar
Emergency Coordinating Committee
October 27, 2026, 8:15 AM @ Virtual Meeting
Please join using this link: https://v.ringcentral.com/join/451038450 Meeting ID: 451038450 One tap to join audio only from a smartphone:
+12679304000,,451038450# Access Code / Meeting ID: 451038450
More Details
Committee of the Board
October 27, 2026, 5:45 PM @ County Office Building, Conference Room 138 A & B
https://winonacounty-gov.zoom.us/j/89339724683?pwd=V3aP1vOFLxhATIRi6wAaa2J52RAH4l.1 or dial 13052241968 Meeting ID: 893 3972 4683
Passcode: 629612
More Details
Winona County Board Meeting
October 27, 2026, 6:00 PM @ County Office Building, Conference Room 138 A & B
https://winonacounty-gov.zoom.us/j/89339724683?pwd=V3aP1vOFLxhATIRi6wAaa2J52RAH4l.1 or dial 13052241968 Meeting ID: 893 3972 4683
Passcode: 629612
More Details
Winona County Board Meeting
November 10, 2026, 9:00 AM @ County Office Building, Conference Room 138 A & B
https://winonacounty-gov.zoom.us/j/89339724683?pwd=V3aP1vOFLxhATIRi6wAaa2J52RAH4l.1&from=addon OR DIAL 13052241968 Meeting
ID: 893 3972 4683 Passcode: 629612
More Details
Canvass Board
November 10, 2026, 11:30 AM - 12:30 PM @ County Office Building, Conference Room 138 A & B
More Details
Minnesota Inter-County Association
November 11, 2026, 1:30 PM - 3:30 PM @ Kelly Inn
Meyer, Ward, Alternate - Olson
More Details
Stockton - Rollingstone - Minnesota City Watershed District Meeting
November 11, 2026, 7:00 PM @ Rollingstone School
More Details
Health and Human Services Advisory Committee Meeting
November 17, 2026, 3:30 PM - 5:00 PM @ County Office Building, Conference Room 138 A & B
More Details
Winona County SWCD
November 19, 2026, 10:00 AM - 12:00 PM @ SWCD Office
Elsing; Alt - Meyer
More Details
Board of Adjustment
November 19, 2026, 1:00 PM - 3:00 PM @ County Office Building, Conference Room 138 A & B
Third Thursday of the month
More Details

County Board Agenda Packet, Page 13

Page 14 of 123

Planning Commission
November 19, 2026, 6:00 PM - 9:00 PM @ County Office Building, Conference Room 138 A & B
Ward; Alt - Elsing
More Details
Emergency Coordinating Committee
November 24, 2026, 8:15 AM @ Virtual Meeting
Please join using this link: https://v.ringcentral.com/join/451038450 Meeting ID: 451038450 One tap to join audio only from a smartphone:
+12679304000,,451038450# Access Code / Meeting ID: 451038450
More Details
Winona County Board Meeting
November 24, 2026, 6:00 PM @ County Office Building, Conference Room 138 A & B
https://winonacounty-gov.zoom.us/j/89339724683?pwd=V3aP1vOFLxhATIRi6wAaa2J52RAH4l.1 or dial 13052241968 Meeting ID: 893 3972 4683
Passcode: 629612
More Details

County Board Agenda Packet, Page 14

Page 15 of 123

OFFICIAL PROCEEDINGS
WINONA COUNTY BOARD OF COMMISSIONERS
CLOSED SESSION HELD October 13, 2026
11:41 AM WINONA COUNTY BOARD ROOM
The Winona County Board of Commissioners met in the Commissioners Room on the above date with
Commissioner Dwayne Voegeli; Commissioner Josh Elsing; Commissioner Marcia Ward; Commissioner Greg
Olson; Commissioner Chris Meyer; County Administrator Maureen Holte; Finance Director Phil Sonnenberg;
County Attorney Karin Sonneman; Assistant County Attorney II Rebecca Church; Assistant County Attorney II
Steve Kranz; Emergency Management Director Ben Klinger; Chief Deputy Jeff Mueller. Chairperson Meyer called
the meeting to order at 11:41 a.m.
By consensus, to open the Closed Session, Pursuant to Minn. Stat. § 13D.05, subd. 3(b) (Attorney-Client
Privilege) to Receive Legal Advice from County Attorney's Office Regarding Potential Litigation Involving
Software License and Service Agreement with CentralSquare Technologies, LLC, for Upgrades and Improvements
to Operational Software Utilized by Office of County Sheriff.
By consensus, to close the Closed Session at 12:27 p.m.
WINONA COUNTY BOARD OF COMMISSIONERS
______________________________________________
Chris M. Meyer
Board Chair
Attest:
_______________________________________
Maureen L. Holte, County Administrator

October 13, 2026

Page 1

County Board Agenda Packet, Page 15

Page 16 of 123

OFFICIAL PROCEEDINGS
WINONA COUNTY BOARD OF COMMISSIONERS
SESSION HELD October 13, 2026
9:00 AM WINONA COUNTY BOARD ROOM
The Winona County Board of Commissioners met in the Commissioners Room on the above date with
Commissioner Dwayne Voegeli; Commissioner Josh Elsing; Commissioner Marcia Ward; Commissioner Greg
Olson; Commissioner Chris Meyer; County Administrator Maureen Holte; Finance Director Phil Sonnenberg;
County Attorney Karin Sonneman; Assistant County Attorney II Rebecca Church; Planning and Environmental
Services Director Ross Dunsmoor; Feedlot Officer Lew Overhaug; Planner - Natural Resource Olivia Stroinski;
Planning Administration & Grant Coordinator Dicey Spring; Recorder Bob Bambenek; Auditor-Treasurer Chelsi
Wilbright; Assessor Lindsey Brandt; Chief Deputy Jeff Mueller; Emergency Management Director Ben Klinger;
Health and Human Services Director Jill Chaffee; Information Technology Director Chad Lang; Operations Analyst
Derek Breiland; Executive Assistant Heidi Hund. Chairperson Meyer called the meeting to order at 9:00 a.m.
Public comments were heard from Dan Amundson, 25990 County Rd 3, regarding Anderson CUP; Diane
Amundson, 25990 County Rd 3, regarding Anderson CUP; Brad Boller, 26128 County Rd 3, regarding Anderson
CUP; Dave Thurston, 25208 County Rd 3, regarding Anderson CUP; Jean Prior, 25208 County Rd 3, regarding
Anderson CUP; Trena Anderson, 25956 County Rd 3, regarding Anderson CUP; Ben Klinger, Emergency
Management Director, regarding update on Rice/Steele staffing plan; Recorder Bob Bambenek, regarding Tri-Min
agreement.
On motion by Commissioner Voegeli and seconded by Commissioner Elsing, to approve the Closed
Session minutes dated September 22, 2026 and County Board minutes dated September 22, 2026. Vote: Yes – 5.
On motion by Commissioner Elsing and seconded by Commissioner Voegeli, to acknowledge the Planning
Commission minutes dated July 16, 2026, Economic Development Authority minutes dated April 23, 2026, Board
of Adjustment minutes dated July 16, 2026, and Parks and Environment Advisory Committee dated June 2, 2026.
Vote: Yes – 5.
On motion by Commissioner Ward and seconded by Commissioner Voegeli, to amend the agenda by
moving Consent Business items 6.4, 6.5, and 6.8 to General Business items 7.00, 7.01, and 7.02, respectively. Vote:
Yes – 5.
On motion by Commissioner Elsing and seconded by Commissioner Olson, to approve the following
Consent items:
Approve Conditional Use Permit for William and Jacqueline Underhill (3).
Approve Conditional Use Permit for William and Jacqueline Underhill (4).
Approve Conditional Use Permit for the Kreidermacher Family Trust.
Approve Joint Powers Agreement with Office of Secretary of State.
Approve LG220 Gambling Application for Exempt Permit-Bluff Country Chapter of MN Deer Hunters
Association.
Approve Resolution Supporting Submission of Root River Comprehensive Watershed Management Plan
Renewal Amendment to Board of Water and Soil Resources
RESOLUTION #2026-22
Submit Plan Renewal Amendment Root River Comprehensive Watershed Management Plan

October 13, 2026

Page 1

County Board Agenda Packet, Page 16

Page 17 of 123

WHEREAS, Winona County resolved to adopt and jointly implement the Root River Comprehensive
Watershed Management Plan (Plan) on February 14, 2017; and
WHEREAS, Winona County has been an active participant on the Root River Watershed 1W1P’s Policy
Committee to oversee the implementation of the Plan and development of the Plan renewal amendment; and
WHEREAS, the Board of Water and Soil Resources (BWSR) approved the Plan on December 14, 2016 with
an expiration date of December 31, 2026; and
WHEREAS, BWSR’s One Watershed, One Plan Operating Procedures allow for a plan renewal amendment
that results in a new plan expiration date; and
WHEREAS, the Root River Watershed’s 1W1P’s Policy Committee posted the plan renewal amendment for
60 day formal review on June 10, 2026 and hosted a properly noticed public hearing on August 24, 2026; and
WHEREAS, all comments received during the 60-day review and public hearing have been addressed by the
Policy Committee; and
WHEREAS, the Root River Watershed 1W1P’s Policy Committee recommended at their August 24, 2026
meeting that each of the participating boards adopt a resolution supporting the submission of the Root River
Comprehensive Watershed Management Plan, plan renewal amendment, to the Board of Water and Soil Resources
(BWSR).
NOW THEREFORE BE IT RESOLVED, Winona County supports submission of the Root River
Comprehensive Watershed Management Plan, plan renewal amendment, to the Board of Water and Soil Resources
(BWSR).
Adopted in Winona, Minnesota this 13th day of October, 2026.
Approve FY2027 Subsurface Sewage Treatment Systems Grant Program Grant Agreement.
Approve Tri-Min Hosting Agreement and Image Migration Services Agreement.
Confirm Payment of Disbursements.
09/10/2026 - 10/06/2026
Fund
1
2
3
4
5
7
26
42
73
76
81
83

Revenue
Recycling & Solid Waste Fund
Road and Bridge
Transportation Sales Tax
Health & Human Services
Road and Bridge State Aid
Opioid Settlement
Capital Improve & Equip Fund
Collaborative
Employee Benefit
Settlement Fund
State Revenue Fund

Total

$ 1,102,513.41
$ 149,435.85
$ 102,525.60
$ 681,619.87
$ 632,315.61
$ 689,994.16
$
4,500.00
$ 170,457.67
$ 119,632.00
$ 113,370.55
$
1,972.00
$ 185,470.92
$ 3,953,807.64

394 Vendors Paid Less Than $2000
totaling $189,666.87
October 13, 2026

Page 2

County Board Agenda Packet, Page 17

Page 18 of 123

Vote: Yes – 5.
On motion by Commissioner Ward and seconded by Commissioner Voegeli, to deny the Conditional Use
Permit for Adam Anderson with revisions to criteria #1, 2, and 7, and table to the next County Board meeting to
allow staff an opportunity to draft an order consistent with the Boards decision. Vote: Yes – 3; No – 2 (Meyer,
Olson).
On motion by Commissioner Olson and seconded by Commissioner Voegeli, to Approve Amendment to
State of Minnesota Fiscal Year 2026-2027 Agreement to Provide Additional Funding for Treatment Court. Vote:
Yes – 5.
On motion by Commissioner Ward and seconded by Commissioner Elsing, to Approve Heartland Business
Systems Agreement for Ongoing County Office Building Camera Refresh with Verkada Surveillance. Vote: Yes –
5.
Received Presentation from Southeast Minnesota Nitrate Strategies Collaborative Work Group
representative, Justin Watkins.
By consensus, to table Presentation from Southern Minnesota Initiative Fund, until a future County Board
meeting.
Received Presentation from Big Brothers Big Sisters CEO, J.C. Wagner-Romero.
Received Presentation from UMN Extension Regarding 4-H Program from Extension Educators Kim Stehr
and Mika Riebel, and Regional Director Lisa Dierks.
On motion by Commissioner Voegeli and seconded by Commissioner Meyer to authorize the transfer of
funds from Whitewater Joint Powers Board to Winona County Soil and Water Conservation District without
restrictions related to the area or activity, while expressing a preference for prioritizing ground-work projects. Vote:
Yes – 5.
On motion by Commissioner Olson and seconded by Commissioner Meyer, to Approve Establishment of
Capital Improvement and Capital Replacement Policy and Fund and use the $525,000 in GO Bond Grant Funds to
reduce the levy by offsetting costs in the 2027 budget. Vote: Yes – 5.
On motion by Commissioner Voegeli and seconded by Commissioner Ward, the Conditional Use Permit
for Adam Anderson to take motion from the table and brought back on the table. Vote: Yes – 5.
On motion by Commissioner Ward and seconded by Commissioner Voegeli, to deny the Conditional Use
Permit for Adam Anderson using the Findings of Fact for docket #09172604.
On motion by Commissioner Ward and seconded by Commissioner Voegeli, to accept a friendly
amendment to strike the first sentence of Findings of Fact #7 and remove all conditions. Vote: Yes – 5.
On motion by Commissioner Ward and seconded by Commissioner Voegeli, to deny the Conditional Use
Permit for Adam Anderson by striking the first sentence of Findings of Fact #7 and removing all conditions. Vote:
Yes – 3; No – 2 (Meyer, Olson).
On motion by Commissioner Elsing and seconded by Commissioner Meyer, to adjourn the County Board
meeting at 11:28 a.m. Vote: Yes – 5.
WINONA COUNTY BOARD OF COMMISSIONERS
______________________________________________
Chris M. Meyer
Board Chair
October 13, 2026

Page 3

County Board Agenda Packet, Page 18

Page 19 of 123

Attest:
___________________________________
Maureen L. Holte, County Administrator

October 13, 2026

Page 4

County Board Agenda Packet, Page 19

Page 20 of 123

REQUEST FOR COUNTY BOARD ACTION
Items must be received in the Administrator’s Office by Monday at 12:00 Noon, 15 days
prior to the scheduled meeting to be considered.

Item# 7.1
Meeting Date:
Department:
Title:

Consent Business

10/27/2026
Auditor-Treasurer
Approve Resolution to Cancel Stale Warrant-Checks

======================================================================
Background:
This is a standard accounting procedure. Upon approval of the resolution the approved sum will be remitted to the
Minnesota Department of Commerce as unclaimed property.

Summary of the Issue:
On a regular basis warrant-checks are cancelled when they are not presented for payment in a timely manner.

Funding:
No funding required.

Recommendation:
Approve Resolution to Cancel Stale Warrant-Checks.

County Board Agenda Packet, Page 20

Page 21 of 123

RESOLUTION #2026Cancellation of Stale Warrant-Checks
WHEREAS, the County of Winona issues warrant-checks in the course of its business
transactions; and
WHEREAS, certain warrant-checks issues were not presented for payment, thereby
becoming stale; and
WHEREAS, standard and proper accounting procedures require cancellation of warrant­
checks not presented within three years of issuance.
NOW THEREFORE, IT IS HEREBY RESOLVED that the Winona County Auditor­
Treasurer is authorized to cancel the outstanding warrant-checks which have not been presented
for the year 2023.
Adopted in Winona, Minnesota this 27th day of October, 2026.
WINONA COUNTY BOARD OF COMMISSIONERS

Chris M. Meyer
Board Chair
Attest:

Maureen L. Holte
County Administrator

County Board
BoardAgenda
Agenda Packet,
Packet, Page
Page 139
21
County

Page 22 of 123

Acct 1214

Check #

date of
check

Payee

Address

Amount

267939

8/9/2022 Lake Village Associates

27 Michigan Ln
MN 55987

270379

2/28/2023 Valic-C/O J.P. Morgan

PO Box 301104
Dallas, TX 75303-1104

3/14/2023 See Her & Neng Vang

2090 Orange Avenue E St
Paul, MN 55119

270613

Winona,
$

1.00

$

650.00

$
$

35.00
686.00

Acct 1222
date of
Check # check
Payee
3662 10/7/2020 Matt Peterson
3716 10/5/2021 Cindy Weaver
3716 10/5/2021 Michelle Schossow
3755
8/2/2022 DVS
3802
6/8/2023 James Benson

Address

Amount
$ 1,000.00
$ 272.00
$ 904.00
$
20.50
$
37.12
$ 2,233.62

Address

Amount

Acct 1588

Check #
9410
9437
9474
9483

date of
check
Payee
Marvin
Bruce Peterson
7/5/2022

7/29/2022

$

23.00

PERMIT FIREARM AAA-CARRY

$

1.00

PERMIT FIREARM AAA-CARRY

$

10.00

$

12.00

$

100.00

Evan Henry Navarro-Katz

$

5.00

Devin Michael Hawkinson

$

67.00

$

9.00

$

227.00

9/9/2022
9/22/2022 Kevin James Harmston

9574

Jonathan Maurice Wrencher

148 Main St Apt 8
Rollingstone, MN 55969

12/25/2022
9605
9659
9709

1/19/2023

3/6/2023
4/18/2023 John Joseph Carino

Total to be remitted to State

County Board Agenda Packet, Page 22

$ 3,146.62

Page 23 of 123

REQUEST FOR COUNTY BOARD ACTION
Items must be received in the Administrator’s Office by Monday at 12:00 Noon, 15 days
prior to the scheduled meeting to be considered.

Meeting Date:
Department:
Title:

Item# 7.2

Consent Business

10/27/2026
Health and Human Services
Approve Contract with Winona Health for Navigator Services

======================================================================
Background:
At the September 16, 2026, Internal Opioid Committee meeting, it was recommended that Winona County utilize
opioid funds to support the Winona Health Navigator position.
On July 28, 2026, the Winona County Board and Winona City Council held a joint meeting to review the outcomes
related to the Winona Health Navigator role and the project which was initiated in 2024. The work group is requesting
funding for a two-year period beginning when the current funding is expended. Previous two-year expenditures
(2024-date expended) were approved for $118,000. The total funding request for the two-year period is $160,000.
Over the two-year period, each entity in the collaborative work group has agreed to contribute as follows:
 Hiawatha Valley Mental Health Center
$6,000
 Family and Children's Center
$6,000
 City of Winona
$15,000 (2027)
 Winona County
$160,000 ($80,000 per year)
Winona Health and the Collaborative Work Group will continue to pursue additional funding options (including
grants). The program is looking to expand in children and family needs.
As shared on July 28, 2026, joint County/City Mental Health Collaborative meeting, data will be supplied through
presentations to the County/City.

Summary of the Issue:
Requesting approval of the contract with Winona Health for Navigator services for a two-year period to help fund the
Navigator position.

Funding:
$160,000 Opioid Settlement Funds. GL Code: 26-060-0000-0000-6261

Recommendation:
Approve Contract with Winona Health for Navigator Services.

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WINONA HEALTH SERVICES AND
WINONA COUNTY
NAVIGATOR SERVICES CONTRACT
The County of Winona, c/o Winona County Health and Human Services, 202 West Third Street, Winona,
Minnesota 55987 hereafter referred to as the "County" and Winona Health Services, 855 Mankato
Avenue, Winona, Minnesota 55987, hereafter referred to as the "Hospital," enter into this agreement for
two years from October 1, 2026.
WHEREAS, the Hospital is an organization licensed under Minnesota Statute 144.50; and
WHEREAS, the County wishes to purchase Navigator Services to assist in implementation of
remediation strategies as listed in the class action Opioid Settlement Agreement; and
WHEREAS, the Hospital represents that it is duly qualified and willing to perform such services.
NOW THEREFORE, in consideration of the mutual understandings and agreements set forth, the County
and the Hospital agree as follows:
Subject to the terms of this Contract, HOSPITAL shall perform the following Navigator services (the
“services”):
A. Basic Services and Personnel
1. The Navigator provides health education, systems navigation, and connection with resources and
services in the community to improve health outcomes for individuals struggling with mental
health concerns. The Navigator conducts harm reduction and community linkage-related activities
as outlined in Exhibit 1. This position requires travel within Winona County to meet individuals
where they are to reduce the barrier of transportation. The Navigator is housed within the Winona
Community HUB, is supervised by the Winona Community HUB Manager, and works in close
partnership with members of the Mental Health Collaborative.
2. The Navigator will aim to address three primary goals:
Identify individuals/families at greatest risk and provide a comprehensive
assessment of health, social and behavioral risk factors.
Ensure each identified risk factor is addressed with an evidence-based or best practice
intervention (e.g., health education, coaching around systems navigation, connection
with needed resources).
Identify and remove barriers to accessing resources and services to ensure that risk
factors have been successfully addressed.
3. Services provided by HOSPITAL shall be available during business hours Monday
through Friday with the ability to work hours outside a standard work week when
necessary.
Some Navigator services may include, but are not limited to the following:
Serve as a critical linkage between health, mental health and social services agencies
by providing compassionate and professional outreach to participants.

1

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Meet with participants in their homes or other community-based locations to conduct
evaluation of social, medical, employment, housing, financial or other social needs.
Apply lived experience and training to assist participants with education, advocacy,
systems navigation, and coaching to ensure needs are systematically addressed.
Provide communication support and act as a participant advocate on issues of access
and use of health, mental health and social services.
Facilitate transportation for participants to access health, mental health or social service
appointments. May attend appointments with participants, facilitate paperwork
completion, ensure instructions are understood and that progress towards selfsufficiency is being achieved.
Ensure the privacy and security of PHI (Protected Health Information) relating to
HIPAA compliance. Document participant interactions in a timely and thorough manner
using a HIPAA-compliant electronic data collection platform.
Attend meetings and trainings as required, including participation in Winona
Community HUB Community of Practice meetings.
Promote systems navigation services within the community and table at communitybased organizations frequented by individuals struggling with mental health concerns.
4. HOSPITAL shall employ one full-time Navigator that meets the following essential skills and
experience:
Education: High School graduate or equivalent required. Community Health
Worker certificate or Certified Peer Recovery Specialist preferred, but not
required.
Experience: Experience in public health, human services, or related field required.
Lived experience navigating the health and human services delivery systems preferred.
Knowledge: Knowledge of local community resources and services, or ability to
quickly learn and understand these systems required.
Additional Requirements:
Passion for working in the community to address issues of inequity.
Empathy, patience and persistence.
Strong social and listening skills, including the ability to build trusting
relationships and work effectively with socially and medically complex participants in a
variety of non-traditional settings.
Effective time management skills, and understanding of professional boundaries. Ability
to communicate effectively orally and in writing.
Demonstrated understanding of various healthy coping skills and creative
problem solving.
Intermediate computer and phone skills. Ability to use e-mail and navigate the internet,
and perform data entry in a timely manner.
Valid driver's license, valid auto insurance, good driving record and access to
reliable personal transportation.
Ability and willingness to work hours outside a standard work week when
necessary.
5. HOSPITAL will provide training to the Navigator similar to training provided to Winona
Community HUB team members.
6. HOSPITAL shall provide monthly reports to COUNTY describing Navigator services and
activities, including, but not limited to the following measurables:
2

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1)
2)
3)
4)
5)
6)
7)
8)

Number of referrals to the Navigator
Where the referrals are coming from
What are the presenting needs
Number of visits with the Navigator
Length of visits with the Navigator
Location of visits
Health education provided (including specific topics)
Kind of assistance provided (connections with resources/services, assistance with
paperwork, etc.
9) Needs that were unable to be met and why
10) Mental Health Collaborative Dashboard data
7. The Navigator shall respond to services calls and requests and complete service calls and
requests in a timely manner, documenting these within the Care Coordination Systems software.
8. HOSPITAL shall collaborate with existing community organizations and follow up resources
and services. The primary day-to-day focus of the Navigator outside of call responses, shall be to
connect with community resources and promote Navigator services within Winona County.
B. Hours, Location, Communication
1. Services provided by HOSPITAL shall be available during business hours Monday
through Friday with the ability to work hours outside a standard work week when
necessary.
2. The Navigator shall be dispatched by contacting any staff member within the Live Well
Winona Department of Winona Health, which houses the Winona Community HUB at 507474-9825 or [email protected].
3. The Navigator shall be available to respond to and provide services within the boundaries of
Winona County. The Navigator shall not be dispatched or otherwise provide services under this
Contract to incidents or events outside of Winona County.
C. Equipment
1. Except as otherwise provided in this Contract, HOSPITAL shall supply the equipment for the
Navigator similar to equipment regularly issued to other Winona Community HUB team
members, including a laptop computer with wireless access in the community and a cellular
phone.
D. Management / Supervision
1. HOSPITAL shall supervise and manage the Navigator.
2. The Navigator shall operate independently while also being closely connected to a larger
organizational team (Winona Community HUB, Mental Health Collaborative etc.) for the
3

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purposes of communication, connections, and professional development.
E. Payment for Purchased Services
Subject to the limitations set forth in this Exhibit, COUNTY will pay HOSPITAL a flat fee of
$160,000 over two years (“Contract price”) for HOSPITAL’s services, including expenses, under this
Contract, which shall be paid by COUNTY on a monthly basis in the amount of $6,667 for all services
rendered in the month prior to payment, subject to monthly reductions in said amount as specified
herein below. Under no circumstances shall HOSPITAL’s total charges to COUNTY per month,
including expenses, exceed the monthly payment amount stated herein, unless such charges in excess of
the monthly payment amount are authorized in writing by the County Administrator before they are
incurred by COUNTY.
COUNTY will make periodic payment to HOSPITAL upon billing at intervals not more often than
monthly in the amounts stated above. Monthly invoices shall be itemized showing the hourly rates upon
which services are being rendered as specified in the schedule of fees included herein below.
Payment shall be made following the receipt of an invoice from HOSPITAL and, in no case, later than
30 days following the end of the month in which the services were provided, unless the amount is in
dispute.
The monthly invoice provided by HOSPITAL for payment by COUNTY shall be itemized showing at a
minimum the following: date(s) of service(s) rendered in the respective month, the person providing such
services on each respective date, and the total amount billed for the respective month.
HOSPITAL will have the right to seek reimbursement from the State of Minnesota, Winona County, and
any all other public or private payors, including private health insurance companies, county-based
purchasing organizations, and managed-care organizations participating in Minnesota’s Prepaid Medical
Assistance Program or other sources of payment for any and all services which HOSPITAL may provide
individuals in relation to the services delivered under this Contract.

4

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IN WITNESS WHEREOF, the County and the Hospital have executed this agreement as of the date and
year first above written:
WINONA HEALTH SERVICES

Jessica Remington
CFO
COUNTY OF WINONA

Chris Meyer
Board Chair

Date

Maureen L. Holte
County Administrator

Date

Approved as to form on:

Approved as to execution on:

!$  

Assistant/Winona County Attorney

Winona County Attorney

5

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EXHIBIT 1
ROLE OF THE NAVIGATOR IN THE OPIOID FUND SETTLEMENTS

I.

Harm Reduction-Related Activities

a. Required activities.
•
•
•
•
•

Utilizing navigators (1.0 FTE) to facilitate access to harm reduction services and
evidence-based treatment for substance use disorders, including MOUD, CBT, and
other related services.
Ensuring access to overdose prevention and reversal tools, treatment options, and drugchecking equipment for people who use drugs.
Establish referral networks in the community, including partners for housing,
transportation, and medical care.
Develop, implement, and utilize a client data collection system.
Participate in quarterly collaborative meetings with other MDH-funded navigators to
build relationships, troubleshoot challenges, brainstorm pivots, and celebrate successes.

b. Data collection (Indicators)
•
•
•
•
•
•
•
•
•
•
II.

Number of referrals to a navigator.
Where the referrals are coming from.
Number of people who engaged with a navigator.
What needs are presented.
Number of contacts (phone, in person) visits with a navigator.
Location of visit.
Number of people connected to treatment and harm reduction services.
Kind of assistance provided; connections with resources/services (closed-loop
referrals), assistance with paperwork, etc.
Number of people reporting a decrease in negative impacts of drug and alcohol use.
Needs that were unable to be met and why.

Community Linkage-related activities

a.

Required activities include:

• Use navigators (1.0 FTE) to connect individuals with OUD/SUD to evidence- based
•
•
•
•

treatment (MOUD, CBT, contingency management), support retention in care, and
assist with maintaining recovery.
Establish referral pathways and ensure smooth transitions from critical systems and
acute care settings.
Provide trauma-responsive case management.
Support individuals with OUD/SUD in addressing barriers and providing
connection to resources.
Participate in a quarterly collaborative meeting with other MDH-funded Navigators.
These quarterly meetings aim to build relationships, troubleshoot challenges,
brainstorm pivots, and celebrate successes.
6

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b. Data collection tracking requirements:
•
•
•
•
•
•
•
III.

Number of people referred to a navigator.
Number of meaningful (intentional, client-focused) navigator contacts with people.
Number of people connected to treatment services and harm reduction services.
Description of peoples’ experience with their referral(s) (including level of follow
through).
Number of organizational partnerships with acute care settings.
Number of people reporting a decrease in negative impacts related to drug and
alcohol use.
Description of Navigator pathways for support/referrals.

Elements to appear clearly in the budget

•
•
•
•
•
•

Contribution of up to $160,000 over a two-year period.
Training for the navigator.
Mileage for navigator.
Supplies, copies, and postage directly related to the
program.
Drug testing strips.
Low-cost incentives to clients to support successful
referrals.

7

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EXHIBIT A
List of Opioid Remediation Uses
Settlement fund recipients shall choose from among abatement strategies, including but not limited
to those listed in this Exhibit. The programs and strategies listed in this Exhibit are not exclusive,
and fund recipients shall have flexibility to modify their abatement approach as needed and as new
uses are discovered.

PART ONE: TREATMENT

A.

TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder ("OUD") and any co-occurring Substance Use
Disorder or Mental Health ("SUDIMH') conditions through evidence-based or evidenceinformed programs5 or strategies that may include, but are not limited to, those that:6
1.

Expand availability of treatment for OUD and any co-occurring SUD/MH
conditions, including all forms of Medication for Opioid Use Disorder ("MOUD")7
approved by the U.S. Food and Drug Administration., including by making capital
expenditures to purchase, rehabilitate, or expand facilities that offer treatment.

2.

Support and reimburse evidence-based services that adhere to the American Society
of Addiction Medicine ("ASAM'') continuum of care for OUD and any co-occurring
SUD/MH conditions.

3.

Expand telehealth to increase access to treatment for OUD and any co-occurring
SUD/MH conditions, including MOUD, as well as counseling, psychiatric support,
and other treatment and recovery support services.

5 Use of the terms "evidence-based," "evidence-informed," or "best practices" shall not limit the
ability of recipients to fund innovative services or those built on culturally specific needs. Rather,
recipients are encouraged to support culturally appropriate services and programs for persons with
OUD and any co-occurring SUD/MH conditions.
6 As used in this Exhibit, words like "expand," "fund," "provide" or the like shall not indicate a
preference for new or existing programs.
7
Historically, pharmacological treatment for opioid use disorder was referred to as "MedicationAssisted Treatment" ("MAT"), It has recently been determined that the better term is "Medication for
Opioid Use Disorder" ("MOUD'} This Exhibit will use "MOUD" going forward. Use of the term
MOUD is not intended to and shall in no way limit abatement programs or strategies now or into the
future as new strategies and terminology evolve.

1

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4.

Improve oversight of Opioid Treatment Programs ("OTPs") to assure evidence- based
or evidence-informed practices such as adequate methadone dosing and low threshold
approaches to treatment.

5.

Support mobile intervention, treatment, and recovery services, offered by qualified
professionals and service providers, such as peer recovery coaches, for persons with
OUD and any co-occurring SUD/MH conditions and for persons who have
experienced an opioid overdose.

6.

Provide treatment of trauma for individuals with OUD (e.g., violence, sexual assault,
human trafficking, or adverse childhood experiences) and family members (e.g.,
surviving family members after an overdose or' overdose fatality), and training of
health care personnel to identify and address such trauma.

7.

Support detoxification (detox) and withdrawal management services for people with
OUD and any co-occurring SUD/MH conditions, including but not limited to medical
detox, referral to treatment, or connections to other services or supports.

8.

Provide training on MOUD for health care providers, first responders, students, or
other supporting professionals, such as peer recovery coaches or recovery outreach
specialists, including tele-mentoring to assist community-based providers in rural or
underserved areas.

9.

Support workforce development for addiction professionals who work with
persons with OUD and any co-occurring SUD/MH or mental health conditions.

10.

Offer fellowships for addiction medicine specialists for direct patient care,
instructors, and clinical research for treatments.

11.

Offer scholarships and supports for certified addiction counselors, licensed alcohol
and drug counselors, licensed clinical social workers, licensed mental health
counselors, and other mental and behavioral health practitioners or workers,
including peer recove1y coaches, peer recovery supports, and treatment
coordinators, involved in addressing OUD and any co-occurring SUD/MR or
mental health conditions, including, but not limited to, training, scholarships,
fellowships, loan repayment programs, continuing education, licensing fees, or
other incentives for providers to work in rural or underserved areas.

12.

Provide funding and training for clinicians to obtain a waiver under the federal Drug
Addiction Treatment Act of 2000 ("DATA 2000") to prescribe MOUD for OUD, and
provide technical assistance and professional support to clinicians who have obtained
a DATA 2000 waiver.

13.

Dissemination of web-based training curricula, such as the American Academy of
Addiction Psychiatry's Provider Clinical Support Service-Opioids web-based
training curriculum and motivational interviewing.

2

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Develop and disseminate new curricula, such as the American Academy of
Addiction Psychiatry's Provider Clinical Support Service for MedicationAssisted Treatment.

SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in recovery from OUD and any co-occurring SUD/MH conditions through
evidence-based or evidence-inf01med programs or strategies that may include, but are not
limited to, the programs or strategies that:
1.

Provide comprehensive wrap-around services to individuals with OUD and any cooccurring SUD/MH conditions, including housing, transportation, education, job
placement, job training, or childcare.

2.

Provide the full continuum of care of treatment and recovery services for OUD and
any co-occurring SUD/MH conditions, including supportive housing, peer support
services and counseling, community navigators, case management, and
connections to community-based services.

3.

Provide counseling, peer-support, recovery case management and residential
treatment with access to medications for those who need it to persons with OUD and
any co-occurring SUD/MH conditions.

4.

Provide access to housing for people with OUD and any co-occurring SUD/MH
conditions, including supportive housing, recovery housing, housing assistance
programs, training for housing providers, or recovery housing programs that allow or
integrate FDA-approved medication with other support services.

5.

Provide community support services, including social and legal services, to assist in
deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions.

6.

Support or expand peer-recovery centers, which may include support groups,
social events, computer access, or other services for persons with OUD and any cooccurring SUD/MH conditions.

7.

Provide or support transportation to treatment or recovery programs or services for
persons with OUD and any co-occurring SUD/MH conditions.

8.

Provide employment training or educational services for persons in treatment for or
recovery from OUD and any co-occurring SUD/MH conditions.

9.

Identify successful recovery programs such as physician, pilot, and college
recovery programs, and provide support and technical assistance to increase the
number and capacity of high-quality programs to help those in recovery.

10.

Engage non-profits, faith-based communities, and community coalitions to support
people in treatment and recovery and to support family members in their efforts to
support the person with OUD in the family.

11.

Provide training and development of procedures for government staff to
appropriately interact and provide social and other services to individuals with or in
recovery from OUD, including reducing stigma.

3

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12.

Support stigma reduction efforts regarding treatment and support for persons with
OUD, including reducing the stigma on effective treatment.

13.

Create or support culturally appropriate services and programs for persons with OUD
and any co-occurring SUD/MH conditions, including but not limited to new
Americans, African Americans, and American Indians.

14.

Create and/or support recovery high schools.

15.

Hire or train behavioral health workers to provide or expand any of the services or
supports listed above.

CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have--or are at risk of developing-DUD and
any co-occurring SUD/MH conditions through evidence-based or evidence-informed
programs or strategies that ma_y include, but are not limited to, those that:
1.

Ensure that health care providers are screening for OUD and other risk factors and
know how to appropriately counsel and treat (or refer if necessary) a patient for OUD
treatment.

2.

Fund Screening, Brief Intervention and Refenal to Treatment ("SBIRT") programs to
reduce the transition from use to disorders, including SBIRT services to pregnant
women who are uninsured or not eligible for Medicaid.

3.

Provide training and long-term implementation of SBIRT in key systems (health,
schools, colleges, criminal justice, and probation), with a focus on youth and young
adults when transition from misuse to opioid disorder is common.

4.

Purchase automated versions of SBIRT and support ongoing costs of the
technology.

5.

Expand services such as navigators and on-call teams to begin MOUD in hospital
emergency departments.

6.

Provide training for emergency room personnel treating opioid overdose patients on
post-discharge planning, including community referrals for MOUD, recovery case
management or support services.

7.

Support hospital programs that transition persons with OUD and any co-occurring
SUD/MH conditions, or persons who have experienced an opioid overdose, into
clinically appropriate follow-up care through a bridge clinic or similar approach.

8.

Support crisis stabilization centers that serve as an alternative to hospital
emergency departments for persons with OUD and any co-occurring SUD/MH
conditions or persons that have experienced an opioid overdose.

9.

Support the work of Emergency Medical Systems, including peer support
specialists, to connect individuals to treatment or other appropriate services
following an opioid overdose or other opioid-related adverse event.

4

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10.

Provide funding for peer support specialists or recovery coaches in emergency
departments, detox facilities, recovery centers, recovery housing, or similar settings;
offer services, supports, or connections to care to persons with OUD and any cooccurring SUD/MH conditions or to persons who have experienced an opioid
overdose.

11.

Expand warm hand-off services to transition to recovery services.

12.

Create or support school-based contacts that parents can engage with to seek
immediate treatment services for their child; and support prevention, intervention,
treatment, and recovery programs focused on young people.

13.

Develop and support best practices on addressing OUD in the workplace.

14.

Support assistance programs for health care providers with OUD.

15.

Engage non-profits and the faith community as a system to support outreach for
treatment.

16.

Support centralized call centers that provide information and connections to
appropriate services and support for persons with OUD and any co-occurring
SUD/MH conditions.

ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS
Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are
involved in, are at risk of becoming involved in, or are transitioning out of the criminal
justice system through evidence-based or evidence-informed programs or strategies that may
include, but are not limited to, those that:

1.

Support pre-arrest or pre-arraignment diversion and deflection strategies for
persons with OUD and any co-occurring SUD/MH conditions, including
established strategies such as:

a.

Self-referral strategies such as the Angel Programs or the Police Assisted
Addiction Recovery Initiative ("PAARI'');

b.

Active outreach strategies such as the Drug Abuse
Response Team ("DART') model;

c.

"Naloxone Plus" strategies, which work to ensure that individuals who
have received naloxone to reverne the effects of an overdose are then
linked to treatment programs or other appropriate services;

d.

Officer prevention strategies, such as the Law Enforcement Assisted
Diversion ("LEAD") model;

e.

Officer intervention strategies such as the Leon County, Florida Adult
Civil Citation Network or the Chicago Westsi9e Narcotics Diversion to
Treatment Initiative; or

f.

Co-responder and/or alternative responder models to address OUD-related
911 calls with greater SUD expertise.

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2.

Support pre-trial services that connect individuals with OUD and any cooccurring SUD/MH conditions to evidence-informed treatment, including
MOUD, and related Services.

3.

Support treatment and recovery courts that provide evidence-based options for
persons with OUD and any concerning SUD/MH conditions.

4.

Provide evidence-informed treatment, including MOUD, recovery support, harm
reduction, or other appropriate services to individuals with OUD and any cooccurring SUD/MH conditions who are incarcerated in jail or prison.

5.

Provide evidence-informed treatment, including MOUD, recovery support, harm
reduction, or other appropriate services to individuals with OUD and any cooccurring SUD/MH conditions who are leaving jail or prison or have recently left jail
or prison, are on probation or parole, are under community corrections supervision,
or are in re-entry programs or facilities.

6.

Support critical time interventions ("CTI"), particularly for individuals living with
dual-diagnosis OUD/serious mental illness, and services for individuals who face
immediate risks and service needs and risks upon release from correctional settings.

7.

Provide training on_ best practices for addressing the needs of criminal justiceinvolved persons with OUD and any co-occurring SUD/MH conditions to law
enforcement, correctional, or judicial personnel or to providers of treatment,
recove1y, harm reduction, case management, or other services offered in
connection with any of the strategies described in this section.

ADDRESS THE NEEDS OF THE PERINATAL POPULATION, CAREGIVERS,
AND FAMILIES, INCLUDING BABIES WITH NEONATAL OPIOID
WITHDRAW AL SYNDROME.
Address the needs of the perinatal population and caregivers with OUD and any co- occurring
SUD/MH conditions, and the needs of their families, including babies with neonatal opioid
withdrawal syndrome ("NOWS"), through evidence-based or evidence- informed programs or
strategies that may include, but are not limited to, those that:
1.

Suppot1 evidence-based or evidence-informed treatment, including MOUD, recovery
services and supports, and prevention services for the perinatal population-or
individuals who could become pregnant who have OUD and any co-occurring
SUD/MH conditions, and other measures to educate and provide support to caregivers
and families affected by Neonatal Opioid Withdrawal Syndrome.

2.

Expand comprehensive evidence-based treatment and recovery services, including
MOUD, for uninsured individuals with OUD and any co-occurring SUD/MH
conditions for up to 12 months postpartum.

3.

Provide training for obstetricians or other healthcare personnel who work with the
perinatal population and their families regarding treatment of OUD and any cooccurring SUD/MH conditions.

4.

Expand comprehensive evidence-based treatment and recovery support for NOWS
babies; expand services for better continuum of care with infant-caregiver dyad; and
expand long-tenn treatment and services for medical monitoring of NOWS babies
and their caregivers and families.

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5.

Provide training to health care providers who work with the perinatal population and
caregivers on best practices for compliance with federal requirements that children
born with NOWS get referred to appropriate services and receive a plan of safe care.

6.

Provide child and family supports for caregivers with OUD and any co-occurring
SUD/MH conditions, emphasizing the desire to keep families together.

7.

Provide enhanced support for children and family members suffering trauma as a
result of addiction in the family; and offer trauma-informed behavioral health
treatment for adverse childhood events.

8.

Offer home-based wrap-around services to persons with OUD and any cooccurring SUD/MH conditions, including, but not limited to, parent skills
training.

9.

Provide supp01t for Children's Services-Fund additional positions and services,
including supportive housing and other residential services, relating to children
being removed from the home and/or placed in foster care due to custodial opioid
use.

PARTTWO: PREVENTION

F.

PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE
PRESCRIBING AND DISPENSING OF OPIOIDS
Support effo11s to prevent over-prescribing and ensure appropriate prescribing and
dispensing of opioids through evidence-based or evidence-informed programs or
strategies that may include, but are not limited to, the following:
1.

Funding medical provider education and outreach regarding best prescribing
practices for opioids consistent with the Guidelines for Prescribing Opioids for
Chronic Pain from the U.S. Centers for Disease Control and Prevention, including
providers at hospitals (academic detailing).

2.

Training for health care providers regarding safe and responsible opioid
prescribing, dosing, and tapering patients off opioids.

3.

Continuing Medical Education (CME) on appropriate prescribing of opioids.

4.

Providing Support for non-opioid pain treatment alternatives, including training
providers to offer or refer to multi-modal, evidence-informed treatment of pain.

5.

Supporting enhancements or improvements to Prescription Drug Monitoring
Programs ("PDMPs"), including, but not limited to, improvements that:

a.

Increase the number of prescribers using PDMPs; -

b.

Improve point-of-care decision-making by increasing the quantity, quality, or
format of data available to prescribers using PDMPs, by improving the
interface that prescribers use to access PDMP data, or both; or

c.

Enable states to use PDMP data in support of surveillance or intervention
strategies, including MOUD referrals and follow-up for individuals identified
within PDMP data as likely to experience OUD in a manner that complies
with all relevant privacy and security laws and rules.

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6.

Ensuring PDMPs incorporate available overdose/naloxone deployment data,
including the United States Department of Transportation's Emergency Medical
Technician overdose database in a manner that complies with all relevant privacy and
security laws and rules.

7.

Increasing electronic prescribing to prevent diversion or forgery. Educating
dispensers on appropriate opioid dispensing.

PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based or
evidence-informed programs or strategies that may include, but are not limited to, the
following:
1.

Funding media campaigns to prevent opioid misuse, including but not limited to
focusing on risk factors and early interventions.

2.

Corrective advertising or affirmative public education campaigns based on
evidence.

3.

Public education relating to drug disposal.

4.

Drug take-back disposal or destruction programs.

5.

Funding community anti-drug coalitions that engage in drug prevention efforts.

6.

Supporting community coalitions in implementing evidence-informed prevention,
such as reduced social access and physical access, stigma reduction-including
staffing, educational campaigns, support for people in treatment or recovery, or
training of coalitions in evidence-informed implementation, including the Strategic
Prevention Framework developed by the U.S. Substance Abuse and Mental Health
Services Administration ("SAMHSA").

7.

Engaging non-profits and faith-based communities as systems to support
prevention.

8.

Funding evidence-based prevention programs in schools or evidence-informed
school and community education programs and campaigns for students, families,
school employees, school athletic programs, parent-teacher and student associations,
and others.

9.

School-based or youth-focused programs or strategies that have demonstrated
effectiveness in preventing drug misuse and seem likely to be effective in
preventing the uptake and use of opioids.

10.

Create or support community-based education or intervention services for families,
youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions.

11.

Support evidence-informed programs or curricula to address mental health needs of
young people who may be at risk of misusing opioids or other drugs, including
emotional modulation and resilience skills.

12.

Support greater access to mental health services and supports for young people,
including services and suppo11s provided by school nurses, behavioral health

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workers or other school staff, to address mental health needs in young people that (when
not properly addressed) increase the risk of opioid or another drug misuse.

H.

PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION)
Support efforts to prevent or reduce overdose deaths or other opioid-related harms through
evidence-based or evidence-informed programs or strategies that may include, but are not
limited to, the following:
•
1.

Increased availability and distribution of naloxone and other drugs that treat
overdoses for first responders, overdose patients, individuals with OUD and their
friends and family members, schools, community navigators and outreach workers,
persons being released from jail or prison, or other members of the general public.

2.

Public health entities providing free naloxone to anyone in the community.

3.

Training and education regarding naloxone and other drugs that treat overdoses for
first responders, overdose patients, patients taking opioids, families, schools,
community support groups, and other members of the general public.

4.

Enabling school nurses and other school staff to respond to opioid overdoses, and
provide them with naloxone, training, and support.

5.

Expanding, improving, or developing data tracking software and applications for
overdoses/naloxone revivals.

6.

Public education relating to emergency responses to overdoses.

7.

Public education relating to immunity and Good Samaritan laws.

8.

Educating first responders regarding the existence and operation of immunity and
Good Samaritan laws.

9.

Syringe service programs and other evidence informed programs to reduce harms
associated with intravenous drug use, including supplies, staffing, space, peer
support services, referrals to treatment, fentanyl checking, connections to care, and
the full range of harm reduction and treatment services provided by these programs.

10.

Expanding access to testing and treatment for infectious diseases such as HIV and
Hepatitis C resulting from intravenous opioid use.

11.

Supporting mobile units that offer or provide referrals to harm reduction services,
treatment, recovery supports, health care, or other appropriate services to persons that
use opioids or persons with OUD and any co-occurring SUD/MH conditions.

12.

Providing training in harm reduction strategies to health care providers, students,
peer recovery coaches, recove1y outreach specialists, or other professionals that
provide care to persons who use opioids or persons with OUD and any cooccurring SUD/MH conditions.
Supporting screening for fentanyl in routine clinical toxicology testing.

13.

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PART THREE: OTHER STRATEGIES

I.

FIRST RESPONDERS
In addition to items in section C, D and H relating to first responders, support the
following:

J.

1.

Law enforcement expenditures related to the opioid epidemic.

2.

Education of law enforcement or other first responders regarding appropriate
practices and precautions when dealing with fentanyl or other drugs.

3.

Provision of wellness and support services for first responders and others who
experience secondary trauma associated with opioid-related emergency events.

LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, coordination, facilitations, training and
technical assistance to abate the opioid epidemic through activities, programs, or
strategies that may include, but are not limited to, the following:

K.

1.

Statewide, regional, local or community regional planning to identify root causes
of addiction and overdose, goals for reducing harms related to the opioid
epidemic, and areas and populations with the greatest needs for treatment
intervention services, and to support training and technical assistance and other
·strategies to abate the opioid epidemic described in this opioid abatement strategy .
list.

2.

A dashboard to (a) share, recommendations, or plans to spend opioid settlement
funds; (b) to show how opioid settlement funds have been spent; (c) to report
program or strategy outcomes; or (d) to track, share or visualize key opioid- or
health-related indicators and supports as identified through collaborative
statewide, regional, Local or community processes.

3.

Invest in infrastructure or staffing at government or not-for-profit agencies to
support collaborative, cross-system coordination with the purpose of preventing
overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and
any co-occurring SUD/MH conditions, supporting them in treatment or recovery,
connecting them to care, or implementing other strategies to abate the opioid
epidemic described in this opioid abatement strategy list.

4.

Provide resources to staff government oversight and management of opioid abatement
programs.

5.

Support multidisciplinary collaborative approaches consisting of, but not limited to,
public health, public safety, behavioral health, harm reduction, and others at the
state, regional, local, nonprofit, and community level to maximize collective impact.

TRAINING
In addition to the training referred to throughout this document, support training to abate the
opioid epidemic through activities, programs, or strategies that may include, but are not
limited to, those that:

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1.

Provide funding for staff training or networking programs and services to improve the
capability of government, community, and not-for-profit entities to abate the opioid
crisis.

2.

Support infrastructure and staffing for collaborative cross-system coordination to
prevent opioid misuse, prevent overdoses, and treat those with OUD and any cooccurring SUD/MH conditions, or implement other strategies to abate the opioid
epidemic described in this opioid abatement strategy list (e.g., health care, primary
care, pharmacies, PDMPs, etc.).

RESEARCH

Support opioid abatement research that may include, but is not limited to, the following:

M.

1.

Monitoring, surveillance, data collection and evaluation of programs and
strategies described in this opioid abatement strategy list.

2.

Research non-opioid treatment of chronic pain.

3.

Research on improved service delivery for modalities such as SBIRT that
demonstrate promising but mixed results in populations vulnerable to opioid
use disorders.

4.

Research on novel harm reduction and prevention efforts such as the
provision of fentanyl test strips.

5.

Research on innovative supply-side enforcement efforts such as improved
detection of mail-based delivery of synthetic opioids.

6.

Expanded research on swift/certain/fair models to reduce and deter opioid
misuse within criminal justice populations that build upon promising
approaches used to address other substances (e.g., Hawaii HOPE and Dakota
24/7).

7.

Epidemiological surveillance of ODD-related behaviors in critical
populations, including individuals entering the criminal justice system,
including, but not limited to approaches modeled on the Arrestee Drug Abuse
Monitoring ("ADAM") system.

8.

Qualitative and quantitative research regarding public health risks and harm
reduction opportunities within illicit drug markets, including surveys of
market participants who sell or distribute illicit opioids.

9.

Geospatial analysis of access barriers to MOUD and their association with
treatment engagement and treatment outcomes.

POST-MORTEM
1.

Toxicology tests for the range of opioids, including synthetic opioids, seen in
overdose deaths as well as newly evolving synthetic opioids infiltrating the drug
supply.

2.

Toxicology method development and method validation for the range of synthetic
opioids observed now and in the future, including the cost of installation,
maintenance, repairs and training of capital equipment.

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3.

Autopsies in cases of overdose deaths resulting from opioids and synthetic
opioids.

4.

Additional storage space/facilities for bodies directly related to opioid or synthetic
opioid related deaths.

5.

Comprehensive death investigations for individuals where a death is caused by or
suspected to have been caused by an opioid or synthetic opioid overdose, whether
intentional or accidental (overdose fatality reviews).

6.

Indigent burial for unclaimed remains resulting from overdose deaths.

7.

Navigation-to-care se1vices for individuals with opioid use disorder who are
encountered by the medical examiner's office as either family and/or social
network members of decedents dying of opioid overdose.

8.

Epidemiologic data management and reporting to public health and public safety
stakeholders regarding opioid overdose fatalities.

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REQUEST FOR COUNTY BOARD ACTION
Items must be received in the Administrator’s Office by Monday at 12:00 Noon, 15 days
prior to the scheduled meeting to be considered.

Item# 7.3
Meeting Date:
Department:
Title:

Consent Business

10/27/2026
Information Technology
Approve Agreement with Minnesota IT Services for Threat and Vulnerability
Management

======================================================================
Background:
The grant funding from the State of Minnesota has ended for our CrowdStrike EDP solution, which we implemented
during the July Ransomware incident. We have an agreement with MNIT The Minnesota IT Services (MNIT) Threat
and Vulnerability Management Unit (TVMU) provides external vulnerability Management service. MNIT provides a
comprehensive vulnerability scanning service that utilizes sophisticated and automated vulnerability scanning and
attack surface management technology.

Summary of the Issue:
This agreement is effective on the date State obtains all required signatures under Minn. Stat. § 16C.05, subd. 2. State
will not begin work under this contract until this contract is fully executed and State has been notified by
Governmental Unit’s Authorized Representative to begin work. The agreement is effective through June 30, 2027.

Funding:
01-063-000-0000-6261.

Recommendation:
Approve Agreement with Minnesota IT Services for Threat and Vulnerability Management, pending approval as to
form by the County Attorney's office.

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Docusign Envelope ID: 9CE91B8B-6CBD-842D-80A3-ED459735A1F0

Whole-of-State Service
Agreement and Work Order
Contract
State of Minnesota
Executive Summary
Minnesota IT Services (MNIT), in partnership with the Minnesota Cybersecurity Task Force, launched the Wholeof-State Cybersecurity Plan in 2023 to strengthen local government cyber defenses. The whole-of-state approach
presents a strong, united front against cyber threats, and bolsters cybersecurity across Minnesota.
The Cybersecurity Task Force established four goals to advance the Whole-of-State Plan: Mature cyber
capabilities throughout the state; collaborate and share information throughout the state; increase participation
in programs and services known to work; and strengthen the cyber-resiliency of critical infrastructure. These
goals are designed to provide a solid foundation for a long-term, sustainable cybersecurity system that builds on
results and moves with the times.
MNIT is creating a framework built on collaboration and inclusion to provide the tools, resources, and
information eligible entities need to help secure the data that Minnesotans have entrusted to their organization.
Under the whole-of-state approach, the Statewide Security Monitoring Initiative (SSMI) – also referred to as the
State Homeland Security Grant Program (SHSP) - and the State and Local Cybersecurity Program (SLCGP) use
funding to create a layered approach to security. This helps protect Minnesotans by advancing stronger,
sustainable cybersecurity tools and processes that leverage best practices, build on past successes, meet every
organization where they are, educate, and freely share information.
Work Order Contract
This Work Order Contract is between the State of Minnesota, acting through its commissioner of Minnesota IT
Services (“State”) and Winona County (“Governmental Unit”), whose designated business address is 202 West
3rd Street, Winona, MN 55987. “Governmental Unit” includes any agents, employees, or third-party service
providers working on behalf of the Governmental Unit.
The Statewide Security Monitoring Initiative (SSMI) is a program devoted to protecting the data of all
Minnesotans by partnering with participating county governments, port cities, and Tribal Nations to ultimately
fortify the cybersecurity of the entire state of Minnesota. The State and Local Cybersecurity Grant Program
(SLCGP) is a program devoted to protecting the technology, data, and systems that make our government and
schools run is one of our highest priorities and aims to make sure that our state, county, municipal, and tribal
government, education, public health, critical infrastructure, and peacekeepers have all the cybersecurity tools
and resources they need.

Rev. 2026.07

Page 1 of 7
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Docusign Envelope ID: 9CE91B8B-6CBD-842D-80A3-ED459735A1F0

Governmental Unit is requesting State to provide certain security services through its SSMI and/or SLCGP
program as identified in this Work Order Contract.
Contract
1. Term of Work Order
1.1 Effective date. This Work Order is effective on the date State obtains all required signatures under Minn.
Stat. § 16C.05, subd. 2. State will not begin work under this contract until this contract is fully executed and
State has been notified by Governmental Unit’s Authorized Representative to begin work.
1.1 Expiration date. This Work Order is effective through June 30, 2027.
2. Service Selection and Authorization
Upon execution of this Work Order, State will provide the services selected by Governmental Unit in Table 1.
Some services are performed only by State (“First-Party Services”). Some services include work performed or
tools provided by third parties, either in conjunction with or independent of State’s provision of services
(“Third-Party Services”). For more information visit https://mn.gov/mnit/about-mnit/security/wos/.
SELECTION(S)

SERVICE
OFFERING
1 – External
Vulnerability
Scans

DESCRIPTION OF SERVICE OFFERING
The Minnesota IT Services (MNIT) Threat and Vulnerability Management Unit (TVMU) provides
external vulnerability Management service. MNIT provides a comprehensive vulnerability scanning
service that utilizes sophisticated and automated vulnerability scanning and attack surface
management technology. MNIT continuously monitors scan results, assesses critical and high-risk
vulnerabilities, and communicates actionable information to the participating entity.
The term of this contract expires on June 30, 2027.
More information available here: https://mn.gov/mnit/about-mnit/security/wos/

2 – Internal
Vulnerability
Scans

The MNIT Threat and Vulnerability Management Unit (TVMU) provides internal vulnerability
management service to SSMI eligible entities. TVMU provides a comprehensive vulnerability
scanning tool that utilizes sophisticated enterprise class scanning technology to conduct in-depth
vulnerability and configuration compliance scanning using credentials/agents' technology. The
TVMU team conduct regular briefing meetings with participating organizations to discuss scan
findings and remediation.
The term of this contract expires on June 30, 2027.
More information available here: https://mn.gov/mnit/about-mnit/security/wos/
Billing is done on a monthly basis, according to the size category the Governmental Unit falls within
and the number of addresses scanned. Contact the TVMU team ([email protected]) for more
information on Internal Vulnerability Scanning billing.

3 - SIEM

The Next Generation Security Information and Event Management (SIEM) program is provided at a
reduced cost to Minnesota counties, cities, townships, public K12s, Tribal entities, and other partner
organizations through the CrowdStrike console.
Pricing is based on daily ingest amount and record retention needs. More information available
here: https://mn.gov/mnit/about-mnit/security/wos/
The term of this contract expires on June 30, 2027.

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4 – MDR

Billing is done monthly based on data ingest and contracted end-point counts. Billing will be based
on monthly usage. Contact the Cyber Navigator team ([email protected]) for more
information on SIEM billing: https://mn.gov/mnit/about-mnit/security/whole-of-statecybersecurity-plan/ngs.jsp
The Managed Detection and Response (MDR) program is provided at a reduced cost to Minnesota
counties, cities, townships, public K12s, Tribal entities, and other partner organizations through the
CrowdStrike console.
More information available here: https://mn.gov/mnit/about-mnit/security/wos/
The term of this contract expires on June 30, 2027.

400 Licenses
Minimum

Governmental Unit agrees to be billed monthly based on the contracted amount specified in this
agreement. If the Governmental Unit's usage exceeds the contracted amount, the Governmental
Unit will be invoiced for the overage at the rates specified in this agreement. Contact the Cyber
Navigator team ([email protected]) for more information on MDR billing.
5 – MDR-K12

The K12 Managed Detection and Response (MDR) program is provided at a reduced cost to
Minnesota public K12s, Tribal entities, and other partner organizations through the CrowdStrike
console.
Pricing is $25 annually per endpoint
More information available here: https://mn.gov/mnit/about-mnit/security/wos/
The term of this contract expires on June 30, 2027.

6 – MDBR

Governmental Unit agrees to be billed monthly based on the contracted amount specified in this
agreement. If the Governmental Unit's usage exceeds the contracted amount, the Governmental
Unit will be invoiced for the overage at the rates specified in this agreement. Contact the Cyber
Navigator team ([email protected]) for more information onK12 -MDR billing.
Malicious Domain Blocking and Reporting (MDBR): A cloud-based solution that uses technology to
prevent IT systems from connecting to harmful web domains and limit infections related to
malware, ransomware, phishing, and other cyber threats.
The term of this contract expires on June 30, 2027.
For more full program participation rules and more information see website:
https://mn.gov/mnit/about-mnit/security/wos/
This is a no charge service. Governmental Unit will not be billed as this service is being covered by
the SLCGP grant. For more information, contact the Cyber Navigator team ([email protected])

7 – Managed IDP

The Managed Identity Protection (Managed IDP) is a fully managed identity protection service that
provides real-time identity threat prevention, policy enforcement, continuous monitoring,
investigation, and remediation support for user accounts, privileged access, and identity stores. The
service is designed to help organizations detect and respond to identity-based threats, reduce the
risk of unauthorized access and account compromise, and maintain a mature identity security
program without the operational burden of building and managing equivalent capabilities internally.
The term of this contract expires on June 30, 2027.
For more full program participation rules and more information see website:
https://mn.gov/mnit/about-mnit/security/wos/

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Governmental Unit agrees to be billed monthly based on actual number of active directory user
accounts being serviced. Contact the Cyber Navigator team ([email protected]) for more
information on Managed IDP billing.

Table 1

Governmental unit understands that State is subsidizing some or all these services through a combination of
State Homeland Security Grant Program (SHSP) and State and Local Grant Program (SLCGP) funds allocated to
Minnesota. This funding includes:
•
•
•
•

State and Local Cybersecurity Grant Program for Federal Fiscal Year (FFY) 2023, Funding Opportunity
DHS-23-137-000-01, as authorized by Section 2220A of Homeland Security Act of 2002, as amended
(Pub. L. No. 107-296) (6 U.S.C. § 665g).
State Homeland Security Grant Program (SHSP) for FFY 2023, Funding Opportunity (DHS-23-GPD-06700-01) as authorized by Section 2002 of the Homeland Security Act of 2002 (Pub. L. No. 107-296, as
amended) (6U.S.C. § 603).
Minnesota State and Local Cybersecurity Grant Program has a State Match requirement for FFY23 (see
Laws of Minnesota 2023, chapter 62, article 1, section 10).
For more information on these grants and their allocation, please see the MNIT Whole of State program
webpage here: https://mn.gov/mnit/about-mnit/security/wos/

Governmental unit consents and accepts these services in lieu of direct allocation of funds from these grant
programs. Governmental unit agrees that it is responsible for subsidized portion in the event these funding
sources are no longer available. For more information on these programs, please refer to
https://mn.gov/mnit/about-mnit/security/wos/.
Governmental Unit understands and agrees State’s provision of services under this Work Order do not include
remediation of any security issues identified during State’s provision of services.
Governmental Unit understands and agrees that some selected Third-Party Services may require a minimum
term commitment (“Minimum Commitment”) from Governmental Unit, as identified in Table 1. Governmental
Unit agrees to pay for the quantity of services identified in Table 1 with a Minimum Commitment selected for
the duration of the Minimum Commitment.
3. Representations and Warranties
3.1 Under Minnesota Statutes Ch. 16E, State is empowered to create and maintain state cyber security systems
and ensure overall security of the state's information and technology systems and services; promote
cooperation and collaboration among state and local governments in developing intergovernmental information
and telecommunications technology systems and services; and enter into contracts with agencies of the federal
government, local governmental units, the University of Minnesota and other educational institutions, and
private persons and other nongovernmental organizations as necessary to perform its statutory duties.
3.2 Governmental Unit represents and warrants that it possesses the legal authority to enter into this Work
Order and that it has taken all actions required by its procedures, by-laws, and applicable laws to exercise that

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authority, and to lawfully authorize its undersigned signatory to execute this Work Order, or any part thereof,
and to bind Governmental Unit to its terms.
4. Consideration and Payment
All service costs and billing considerations are available on https://mn.gov/mnit/about-mnit/security/wos/ or by
contacting the Cyber Navigator team ([email protected]) or TVMU team ([email protected]). MNIT will
provide 90 days notice before changing the published rates of these programs.
Billing is compiled after the end of each month and invoices are posted within CosWeb
(cosweb.mnit.state.mn.us) for Governmental Unit access, under Computing Services. Governmental Unit billing
contact(s) will receive an email message notifying them there is at least one new invoice to review.
Internal Vulnerability Scanning billing is based upon the size category assigned to the Governmental Unit as well
as the number for addresses requested to be scanned. These address amounts are audited annually.
MDR billing is based upon the number for MDR licenses requested, so will always be at least that number – if
more licenses are in use at the end of the month, Governmental Units will be charged for that larger number of
licenses.
EDR billing is based upon the number for EDR licenses requested, so will always be at least that number – if
more licenses are in use at the end of the month, Governmental Units will be charged for that larger number of
licenses.
SIEM billing is based upon the number for SIEM licenses requested, so will always be at least that number – if
more licenses are in use at the end of the month, Governmental Units will be charged for that larger number of
licenses.
5. Authorized Representatives
State’s Authorized Representative, their delegate, or successor in office is required to sign this Work Order.
6. Third Party Terms
Governmental Unit acknowledges it has reviewed the terms of the agreements State has with its third-party
contractors used to provide the services selected by Governmental Unit under this Work Order, which are
available at https://mn.gov/mnit/about-mnit/security/wos/, as updated. (“Third-Party Terms”). Governmental
Unit agrees to comply with the Third-Party Terms to the extent those terms apply to the services ordered and
received by Governmental Unit under this Work Order.
7. Assignment, Amendments, Waiver, and Contract Complete.
7.1 Assignment. Neither Party may assign nor transfer any rights or obligations under this Agreement without
the prior consent of the other Party and a fully executed assignment agreement, executed and approved by the
authorized parties or their successors.
7.2 Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has
been executed and approved by the authorized parties or their successors.
7.3 Waiver. If either Party fails to enforce any provision of this Agreement, that failure does not waive the
provision or its right to enforce it.

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7.4 Contract Complete. This Work Order, including as applicable Third-Party Waivers, Master Control
Agreements, and Third-Party Terms incorporated by reference, contains all negotiations and agreements
between State and Governmental Unit. No other understanding regarding this Agreement, whether written or
oral, may be used to bind either party.
8. Liability.
8.1 Each party will be responsible for its own acts and behavior and the results thereof.
8.2 Nothing within this Agreement, whether express or implied, shall be deemed to create an obligation on the
part of State to indemnify, defend, hold harmless or release Governmental Unit. This shall extend to all
agreements related to the subject matter of this Contract, and to all terms subsequently added, without regard
to order of precedence.
9. State Audits.
Under Minn. Stat. § 16C.05, subd. 5, Governmental Unit’s books, records, documents, and accounting
procedures and practices relevant to this Agreement are subject to examination by State, the State Auditor, or
Legislative Auditor, as appropriate, for a minimum of six years from the expiration or termination of this
Agreement.
10. Government Data Practices.
Governmental Unit and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch.
13, (or, if State contracting party is part of the Judicial Branch, with the Rules of Public Access to Records of the
Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time)
as it applies to all data provided by State under this Agreement, and as it applies to all data created, collected,
received, stored, used, maintained, or disseminated by the Governmental Unit under this Contract. The civil
remedies of Minn. Stat. § 13.08 apply to the release of the data governed by the Minnesota Government
Practices Act, Minn. Stat. Ch. 13, by either Governmental Unit or State.
If the Governmental Unit receives a request to release the data referred to in this clause, Governmental Unit
must promptly notify and consult with State’s Authorized Representative as to how the Governmental Unit
should respond to the request. Governmental Unit’s response to the request shall comply with applicable law.
11. Governing Law, Jurisdiction, and Venue.
Minnesota law, without regard to its choice-of-law provisions governs this Work Order. Venue for all legal
proceedings out of this Work Order, or its breach, must be in the appropriate state or federal court with
competent jurisdiction in Ramsey County, Minnesota.

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12. Termination
State or Governmental Unit may terminate this Work Order at any time, with or without cause, upon 60 days
written notice to the other Party. Termination will be effective at the end of the month in which the 60 day
period concludes. The State will bill through the end of the next closest month following the termination. For
Third-Party Services with a Minimum Commitment, Governmental Unit understands and agrees that termination
will terminate provision of services, but Governmental Unit will remain obligated to the amounts owed for the
Minimum Commitment. This Work Order will terminate automatically upon execution between State and
Governmental Unit of a subsequent Work Order covering the same or additional service selections.
13. Renewal
Governmental Unit shall notify State of its desire to enter into a new Work Order for further provision of
services within 60 days of the expiration date of this Work Order.
1. Governmental Unit

2. State Agency

The Governmental Unit certifies that the appropriate
person has executed the Work Order Contract on behalf
of the Governmental Unit as required by applicable laws,
articles, bylaws, resolutions, or ordinances.

With delegated authority

Print Name: John Israel _________________________
Signature:_____________________________________

Print Name: Chad Lang

Title: MNIT CISO

7/15/2026
Date: ______________

Signature: _____________________________________
Title:

IT Director

Date: 7/15/2026

___________________

3. Commissioner of Administration
As delegated to The Office of State Procurement

Rachel Dougherty
Print Name: ___________________________________

Signature:_____________________________________
Title: Chief Procurement Officer

7/22/2026
Date: ______________

102552
Admin ID: _____________________________________

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Liability Release, Waiver, and Agreement for Application Security Assessment
In exchange for Minnesota IT Services (“MNIT”) providing endpoint detection and response platform using CrowdStrike (“Scanning”),
Governmental Unit represents that:
The Governmental Unit UNDERSTANDS THE NATURE OF THE SCANNING, and that MNIT will be deploying automated and/or manual
endpoint detection tools to assist the Governmental Unit in detecting, hunting, and responding to cyber threats, risks, and vulnerabilities
within the agency’s/Governmental Unit’s data environment. The Governmental Unit acknowledges that after MNIT’s deployment of the
tools, MNIT with assistance from the Governmental Unit Security Team will access the sites/resources provided by the Governmental
Unit through automated and/or manual processes to review threats provided by the tool. During the assessment, MNIT along with the
Governmental Unit Security Team may access protected content within the specific systems in scope for this assessment. The
Governmental Unit understands that MNIT is only providing the security assessment and it is the responsibility of the Governmental Unit
to carry out the investigation for and remediation of vulnerabilities identified within the Governmental Unit’s data environment. Should
The Governmental Unit request additional assistance, MNIT is also able to assist with the assessment of the scanning results and advising
on the impact that the vulnerabilities may have on the system. Further, the Governmental Unit acknowledges that the use of MNIT’s
CrowdStrike tool involves a risk to the Governmental Unit’s IT equipment and could also cause an impact to the Governmental Unit
services, though the likelihood of being impacted is remote. Finally, the Governmental Unit is aware that certain Scanning services could
potentially damage software, applications, and/or data installed on its IT equipment. This is to be expected and may require the reinstallation of the Governmental Unit’s operating system, applications, programs, and data. The likelihood of potential damage from
using Scanning services is remote.
The Governmental Unit UNDERSTANDS THE POTENTIAL LOSS OF DATA due to the scanning process in the detection of malware
infections; data may get damaged, deleted, or at worst a data incident may occur. MNIT must inform the Governmental Unit of this
possibility in using MNIT’s tool. The Governmental Unit understands that MNIT will not accept liability for any loss of data as a result of
the Governmental Unit’s use or misuse of MNIT’s tool. The Governmental Unit is responsible for backing up its own data.
The Governmental Unit UNDERSTANDS MNIT’S PRIVACY OBLIGATION, and that MNIT will not browse through the Governmental Unit
data while assisting in the deployment of the Scanning tools or assessment of the results. However, as part of its incident response
investigation, MNIT may be engaging in analysis of the data stored within the Governmental Unit’s data environment that would require
MNIT to review, examine, study, or separate the data. The Governmental Unit acknowledges its responsibility to protect any personal or
private information. Additionally, MNIT may be required to report illegal content such as images or videos to law enforcement agencies,
if discovered.
The Governmental Unit FULLY ACCEPTS AND ASSUMES ALL SUCH RISKS AND ALL RESPONSIBILITY for losses, costs, and damages the
Governmental Unit incurs as a result of the Governmental Unit’s participation and use, and the Governmental Unit’s potential misuse of
MNIT’s tool.
The Governmental Unit HEREBY RELEASES AND DISCHARGES MNIT, the deployer of the scanning tools and the entity performing the
security assessment, from all liability, claims, demands, losses, or damages that the Governmental Unit suffers which are caused or
alleged to be caused in whole or in part by the Governmental Unit’s use of MNIT’s tool and the requested security assessment.
MY SIGNATURE BELOW CONFIRMS I HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS

Chad Lang
Name of Governmental Unit Representative

7/15/2026
Signature of Governmental Unit Representative

Date

Whole of State – Liability Waiver

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DocuSign Envelope
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Envelope ID:
ID: 9CE91B8B-6CBD-842D-80A3-ED459735A1F0
314E3645-D60D-441C-BE48-A8289FA91D04
17E7DDF2-B7BC-42DA-8449-ECBFB492C321

CROWDSTRIKE T ERMS AND CONDITIONS
These CrowdStrike Terms and Conditions by and between CrowdStrike, Inc., a Delaware corporation, and any
Affiliates performing hereunder (collectively, “CrowdStrike”) with a principal place of business at 150 Mathilda Place,
Suite 300, Sunnyvale, California 94086 and the State of Minnesota, Office of MN.IT Services, for itself and on behalf
of Minnesota state agencies (“Customer”), with a place of business at 658 Cedar Street, St. Paul, MN 55155 are
entered into as of the date signed by the last party (the “Effective Date”).
These CrowdStrike Terms and Conditions (the “Agreement”) are a master agreement that cover all CrowdStrike
products and services but provisions regarding specific products or services apply only to the extent Customer has
purchased, accessed or used such products or services. The Agreement supersedes any and all licensing or
maintenance terms and conditions not agreed to in writing and signed by both parties, including any pre-installation
or other “click-through” agreements. A State employee’s decision to choose “accept” or an equivalent option
associated with a “click-through” agreement or customer portal does not constitute the State’s concurrence or
acceptance of additional terms or conditions except for FedRamp Rules of Behavior agreements. Customer does
not agree to any third party terms and conditions that are in conflict with the Agreement or applicable Minnesota law.
1. Definitions.
“Affiliate” means any entity that a party directly or indirectly controls (e.g., subsidiary) or is controlled by (e.g.,
parent) or with which it is under common control (e.g., sibling) or a Minnesota state entity whose information
technology environment is managed in whole or in part by Customer.
“Agreement” means these CrowdStrike Terms and Conditions together with each Order.
“API” means an application program (or programming) interface.
“CrowdStrike Competitor” means a person or entity in the business of developing, distributing, or
commercializing Internet security products or services substantially similar to or competitive with CrowdStrike's
products or services.
“CrowdStrike Data” shall mean the data generated by the CrowdStrike Offerings, including but not limited to,
correlative and/or contextual data, and/or detections. For the avoidance of doubt, CrowdStrike Data does not include
Customer Data.
“CrowdStrike Tool” means any CrowdStrike proprietary software-as-a-service, software, hardware, or other tool
that CrowdStrike uses in performing Professional Services, which may be specified in the applicable SOW.
CrowdStrike Tools may include CrowdStrike’s products.
“Customer” means as the context requires, in addition to the entity identified above, any Customer Affiliate that
places an Order under these CrowdStrike Terms and Conditions, uses or accesses any Offering hereunder, or
benefits from the Customer’s use of an Offering.
“Customer Contractor” means any individual or entity (other than a CrowdStrike Competitor) that: (i) has access
or use of a Product under this Agreement solely on behalf of and for Customer’s Internal Use, (ii) has an agreement
to provide Customer (or its Affiliates) services, and (iii) is subject to confidentiality obligations covering CrowdStrike’s
Confidential Information.
“Customer Contractor Services” means products, services or content developed or provided by Customer
Contractors, including, but not limited to, third party applications complimentary to the Offerings, implementation
services, managed services, training, technical support, or other consulting services related to, or in conjunction
with, the Offerings.
“Documentation” means CrowdStrike’s end-user technical documentation included in the applicable Offering.
“Endpoint” means any physical or virtual device, such as, a computer, server, laptop, desktop computer, mobile,
cellular, container or virtual machine image.
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314E3645-D60D-441C-BE48-A8289FA91D04
17E7DDF2-B7BC-42DA-8449-ECBFB492C321

“Error” means a reproducible failure of a Product to perform in substantial conformity with its applicable
Documentation.
“Internal Use” means access or use solely for Customer’s and subject to the Section entitled Affiliates, Orders
and Payment; Affiliates and the Section entitled Access and Use Rights, its Affiliates’, own internal information
security purposes. By way of example and not limitation, Internal Use does not include access or use: (i) for the
benefit of any person or entity other than Customer or its Affiliates, or (ii) in any event, for the development of any
product or service. Internal Use is limited to access and use by Customer’s and its Affiliates’ employees and
Customer or Affiliate Contractors (except as set forth in the Section entitled Customer Contractors), in either event,
solely on Customer’s behalf and for Customer’s benefit.
“Offerings” means, collectively, any Products, Product-Related Services, or Professional Services.
“Order” means any purchase order or other ordering document (including any SOW) accepted by CrowdStrike or
a reseller that identifies the following ordered by Customer: Offering, Offering quantity based on CrowdStrike’s
applicable license metrics (e.g., number of Endpoints, size of company (based on number of employees), number
of file uploads, or number of queries), price and Subscription/Order Term.
“Product” means any of CrowdStrike’s cloud-based software or other products ordered by Customer as set forth
in the relevant Order, the available accompanying API’s, the CrowdStrike Data, any Documentation and any Updates
thereto that may be made available to Customer from time to time by CrowdStrike.
“Product-Related Services” means, collectively, (i) Falcon OverWatch, (ii) Falcon Complete Team, (iii) the
technical support services for certain Products provided by CrowdStrike, (iv) training, and (v) any other CrowdStrike
services provided or sold with Products. Product-Related Services do not include Professional Services.
“Professional Services” means any professional services performed by CrowdStrike for Customer pursuant to
an SOW or other Order. Professional Services may include without limitation incident response, investigation and
forensic services related to cyber-security adversaries, tabletop exercises, and next generation penetration tests
related to cyber-security.
“Services” means, collectively, any Product-Related Services and any Professional Services.
“Statement of Work” or “SOW” means a mutually-agreed executed written document describing the Professional
Services to be performed by CrowdStrike for Customer, deliverables, fees, and expenses related thereto.
“Subscription/Order Term” means the period of time set forth in the applicable Order during which: (i) Customer
is authorized by CrowdStrike to access and use the Product or Product-Related Service, or (ii) Professional Services
may be performed.
“Updates” means any correction, update, upgrade, patch, or other modification or addition made by CrowdStrike
to any Product and provided to Customer by CrowdStrike from time to time on an as available basis.
2. Affiliates, Orders and Payment.
2.1 Affiliates. Any Affiliate purchasing hereunder, or using or accessing any Offering hereunder, or benefitting from
the Customer’s use of an Offering, will be bound by and comply with all terms and conditions of this Agreement.
The Customer signing these CrowdStrike Terms and Conditions will remain responsible for Customer’s Affiliates’
acts and omissions unless Customer’s Affiliate has entered into its own Terms and Conditions with CrowdStrike.
2.2 Orders. Only those transaction-specific terms stating the Offerings ordered, quantity, price, payment terms,
Subscription/Order Term, and billing/provisioning contact information (and for the avoidance of doubt, specifically
excluding any pre-printed terms on a Customer or reseller purchase order) will have any force or effect unless a
particular Order is executed by both the Customer and an authorized signer of CrowdStrike and returned to
Customer (or the applicable reseller). If any such Order is so executed and delivered, then only those specific terms
on the face of such Order that expressly identify those portions of this Agreement that are to be superseded will
prevail over any conflicting terms herein but only with respect to those Offerings ordered on such Order. Orders are
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17E7DDF2-B7BC-42DA-8449-ECBFB492C321

non-cancellable. Any Order through a reseller is subject to, and CrowdStrike’s obligations and liabilities to Customer
are governed by, this Agreement.
2.3 Payment and Taxes. Customer will pay the fees for Offerings to a reseller or CrowdStrike as set forth in the
applicable Order. Unless otherwise expressly set forth on the Order, Customer will pay the fees and amounts stated
on each Order within 30 days after receipt of the applicable invoice. Except as otherwise expressly provided in this
Agreement, all fees and other amounts are non-refundable. Fees are exclusive of any applicable sales, use, value
added, withholding, and other taxes, however designated. Customer shall pay all such taxes levied or imposed by
reason of Customer’s purchase of the Offerings and the transactions hereunder, except for taxes based on
CrowdStrike’s income or with respect to CrowdStrike’s employment of its employees.
3. Access & Use Rights.
3.1 Evaluation. If CrowdStrike approves Customer’s evaluation use of a CrowdStrike product (“Evaluation
Product”), the terms herein applicable to Products also apply to evaluation access and use of such Evaluation
Product, except for the following different or additional terms: (i) the duration of the evaluation is as mutually agreed
upon by Customer and CrowdStrike, provided, that either CrowdStrike or Customer can terminate the evaluation at
any time upon written (including email) notice to the other party; (ii) the Evaluation Product is provided “AS-IS”
without warranty of any kind, and CrowdStrike disclaims all warranties, support obligations, and other liabilities and
obligations for the Evaluation Product; and (iii) Customer’s access and use is limited to Internal Use by Customer
employees only. For avoidance of doubt, the limitations above do not apply to deployment of CrowdStrike product
for proof of concept or proof of value purposes when Customer pays the appropriate pro-rated fees.
3.2 Access & Use Rights. Subject to the terms and conditions of this Agreement (including CrowdStrike’s receipt
of applicable fees), CrowdStrike grants Customer, under CrowdStrike’s intellectual property rights in and to the
applicable Product, a non-exclusive, non-transferable (except as expressly provided in the Section entitled
Assignment), non-sublicensable license to access and use the Products in accordance with any applicable
Documentation solely for Customer’s Internal Use during the applicable Subscription/Order Term. Customer’s
access and use is limited to the quantity in the applicable Order. Furthermore, the following additional terms and
conditions apply to specific Products (or components thereof):
(a) Products with Software Components. If Customer purchases a subscription to a Product with a
downloadable object-code component (“Software Component”), Customer may, during the Subscription/Order
Term install and run multiple copies of the Software Components solely for Customer’s and Customer’s Affiliates’
Internal Use up to the maximum quantity in the applicable Order.
(b) CrowdStrike Tools. If CrowdStrike provides CrowdStrike Tools to Customer pursuant to performing
Professional Services, the license set forth in the Section entitled Access & Use Rights applies to such CrowdStrike
Tools as used solely for Customer’s Internal Use during the period of time set forth in the applicable Order, or if none
is specified, for the period authorized by CrowdStrike. Not all Professional Services engagements will involve the
use of CrowdStrike Tools.
3.3 Restrictions. The access and use rights set forth in the Section entitled Access & Use Rights do not include
any rights to, and Customer will not, with respect to any Offering (or any portion thereof): (i) knowingly allow or
authorize a CrowdStrike Competitor to use or view the Offering or Documentation, or to provide management,
hosting, or support for an Offering; (ii) alter, publicly display, translate, create derivative works of or otherwise modify
an Offering; (iii) sublicense, distribute or otherwise transfer an Offering to any third party (except as expressly
provided in the Section entitled Assignment); (iv) allow third parties to access or use an Offering (except for Customer
Contractors as expressly permitted herein); (v) create public Internet “links” to an Offering or “frame” or “mirror” any
Offering content on any other server or wireless or Internet-based device; (vi) reverse engineer, decompile,
disassemble or otherwise attempt to derive the source code (if any) for an Offering (except to the extent that such
prohibition is expressly precluded by applicable law), circumvent its functions, or attempt to gain unauthorized
access to an Offering or its related systems or networks; (vii) use an Offering to circumvent the security of another
party’s network/information, develop malware, unauthorized surreptitious surveillance, data modification, data
exfiltration, data ransom or data destruction; (viii) remove or alter any notice of proprietary right appearing on an
Offering; (ix) conduct any stress tests, competitive benchmarking or analysis on, or publish any performance data
of, an Offering (provided, that this does not prevent Customer from comparing the Products to other products for
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Envelope ID:
ID: 9CE91B8B-6CBD-842D-80A3-ED459735A1F0
314E3645-D60D-441C-BE48-A8289FA91D04
17E7DDF2-B7BC-42DA-8449-ECBFB492C321

Customer’s Internal Use); (x) use any feature of CrowdStrike APIs for any purpose other than in the performance of,
and in accordance with, this Agreement; or (xi) cause, encourage or assist any third party to do any of the foregoing.
Customer agrees to use an Offering in accordance with laws, rules and regulations directly applicable to Customer
and acknowledges that Customer is solely responsible for determining whether a particular use of an Offering is
compliant with such laws.
3.4 Installation and User Accounts. CrowdStrike is not responsible for installing Products unless Customer
purchases installation services from CrowdStrike. For those Products requiring user accounts, only the single
individual user assigned to a user account may access or use the Product. Customer is liable and responsible for
all actions and omissions occurring under Customer’s and Customer Contractor’s user accounts for Offerings.
Customer shall notify CrowdStrike if Customer learns of any unauthorized access or use of Customer’s user
accounts or passwords for an Offering.
3.5 Malware Samples. If CrowdStrike makes malware samples available to Customer in connection with an
evaluation or use of the Product (“Malware Samples”), Customer acknowledges and agrees that: (i) Customer’s
access to and use of Malware Samples is at Customer’s own risk, and (ii) Customer should not download or access
any Malware Samples on or through its own production systems and networks and that doing so can infect and
damage Customer’s systems, networks, and data. Customer shall use the Malware Samples solely for Internal Use
and not for any malicious or unlawful purpose. CrowdStrike will not be liable for any loss or damage caused by any
Malware Sample that may infect Customer’s computer equipment, computer programs, data, or other proprietary
material due to Customer’s access to or use of the Malware Samples.
3.6 Third Party Software. CrowdStrike uses certain third party software in its Products, including what is commonly
referred to as open source software. Under some of these third party licenses, CrowdStrike is required to provide
Customer with notice of the license terms and attribution to the third party. See the licensing terms and attributions
for such third party software that CrowdStrike uses at: https://falcon.crowdstrike.com/opensource.
3.7 Ownership & Feedback. Products, Product-Related Services and the CrowdStrike Tools are made available
for use or licensed, not sold. CrowdStrike owns and retains all right, title and interest (including all intellectual
property rights) in and to the Products, Product-Related Services and the CrowdStrike Tools. Any feedback or
suggestions that Customer provides to CrowdStrike regarding its Offerings and CrowdStrike Tools (e.g., bug fixes
and features requests) is non-confidential and may be used by CrowdStrike for any purpose without
acknowledgement or compensation; provided, Customer will not be identified publicly as the source of the feedback
or suggestion.
4. Customer Contractors.
4.1 Authorization. Customer authorizes CrowdStrike to give Customer Contractors the rights and privileges to the
Offerings necessary to enable and provide for Customer’s use and receipt of the Customer Contractor Services. If
at any time Customer revokes this authorization, to the extent the Offerings provide for Customer to limit the
Customer Contractor’s access and use of the Offerings, then Customer is responsible for taking the actions
necessary to revoke such access and use. In the event Customer requires CrowdStrike assistance with such
revocation or limitation, Customer must contact CrowdStrike Support with written notice of such revocation or
limitation at [email protected] and CrowdStrike will disable the Customer Contractor’s access to Customer’s
Offerings within a reasonable period of time following receipt of such notice but in any event within 72 hours of
receipt of such notice.
4.2 Disclaimer. Customer Contractors are subject to the terms and conditions in the Agreement while they are
using the Offerings on behalf of Customer and Customer remains responsible for their acts and omissions during
such time. Any breach by a Customer Contractor of this Agreement is a breach by Customer. CrowdStrike may
make available Customer Contractor Services to Customer, for example, through an online directory, catalog, store,
or marketplace. Customer Contractor Services are not required for use of the Offerings. Offerings may contain
features, including API’s, designed to interface with or provide data to Customer Contractor Services. CrowdStrike
is not responsible or liable for any loss, costs or damages arising out of Customer Contractor’s actions or inactions
in any manner, including but not limited to, for any disclosure, transfer, modification or deletion of Customer Data
(defined in Exhibit A). Whether or not a Customer Contractor is designated by CrowdStrike as, or otherwise claims
to be “certified,” “authorized,” or similarly labeled, CrowdStrike does not: (i) control, monitor, maintain or provide
support for, Customer Contractor Services, (ii) disclaims all warranties of any kind, indemnities, obligations, and
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ID: 9CE91B8B-6CBD-842D-80A3-ED459735A1F0
314E3645-D60D-441C-BE48-A8289FA91D04
17E7DDF2-B7BC-42DA-8449-ECBFB492C321

other liabilities in connection with the Customer Contractor Services, and any Customer Contractor interface or
integration with the Offerings, and (iii) cannot guarantee the continued availability of Customer Contractor Services
and related features. If Customer Contractor Services and related features are no longer available for any reason,
CrowdStrike is not obligated to provide any refund, credit, or other compensation for, or related to, the Offerings.
4.3 Restrictions on Customer Contractors. Customer shall not give or allow Customer Contractors access to, or
use of, intelligence reports provided by, or made accessible in, the Products. For the avoidance of doubt, nothing
herein prevents Customer from using intelligence API’s in Customer Contractor Services for Customer’s Internal
Use.
5. Professional Services.
Reserved.
6. Data Security and Privacy. See Exhibit A.
7. Confidentiality.
7.1 Definitions. In connection with this Agreement, each party (“Recipient”) may receive Confidential Information
of the other party (“Discloser”) or third parties to whom Discloser has a duty of confidentiality. “Confidential
Information” means non-public information in any form that is in the Recipient’s possession regardless of the
method of acquisition that the Discloser designates as confidential to Recipient, should be reasonably known by the
Recipient to be Confidential Information due to the nature of the information disclosed and/or the circumstances
surrounding the disclosure, or is not publicly accessible under the Minnesota Government Data Practices Act
(Minnesota Statutes chapter 13). Confidential Information shall not include information that is: (i) in or becomes part
of the public domain (other than by disclosure by Recipient in violation of this Agreement); (ii) previously known to
Recipient without an obligation of confidentiality and demonstrable by the Recipient; (iii) independently developed
by Recipient without use of Discloser’s Confidential Information; (iv) rightfully obtained by Recipient from third parties
without an obligation of confidentiality; or (v) determined to be publicly accessible under the Minnesota Government
Data Practices Act (Minnesota Statutes chapter 13). Customer agrees to provide CrowdStrike reasonable notice
prior to disclosing any CrowdStrike Confidential Information in response to a valid request made pursuant to the
Minnesota Government Data Practices Act to allow CrowdStrike to seek injunctive relief or such other relief as may
be appropriate.
7.2 Restrictions on Use. Except as allowed in Section 7.3 (Exceptions), Recipient shall hold Discloser’s
Confidential Information in strict confidence and shall not disclose any such Confidential Information to any third
party, other than to its employees, and contractors, including without limitation, counsel, accountants, and financial
advisors (collectively, “Representatives”), its Affiliates and their Representatives, subject to the other terms of this
Agreement, and in each case who need to know such information and who are bound by restrictions regarding
disclosure and use of such information comparable to and no less restrictive than those set forth herein. Recipient
shall not use Discloser’s Confidential Information for any purpose other than as set forth in this Agreement. Recipient
shall take the same degree of care that it uses to protect its own confidential information of a similar nature and
importance (but in no event less than reasonable care) to protect the confidentiality and avoid the unauthorized use,
disclosure, publication, or dissemination of the Discloser’s Confidential Information. Within 72 hours of Recipient
becoming aware of the unauthorized use, disclosure, publication, or dissemination of the Discloser’s Confidential
Information while in Recipient’s control, Recipient shall provide Discloser with notice thereof.
7.3 Exceptions. Recipient may disclose Discloser’s Confidential Information: (i) to the extent required by applicable
law or regulation; (ii) pursuant to a subpoena or order of a court or regulatory, self-regulatory, or legislative body of
competent jurisdiction; (iii) in connection with any regulatory report, audit, or inquiry; or (iv) where requested by a
regulator with jurisdiction over Recipient. In the event of such a requirement or request, Recipient shall, to the extent
legally permitted: (a) give Discloser prompt written notice of such requirement or request prior to such disclosure;
and (b) at Discloser’s cost, a reasonable opportunity to review and comment upon the disclosure and request
confidential treatment or a protective order pertaining thereto prior to Recipient making such disclosure.
7.4 Destruction. Upon Discloser’s written request, Recipient shall use commercially reasonable efforts to destroy
the Confidential Information and any copies or extracts thereof. However, Recipient, its Affiliates and their
Representatives may retain any Confidential Information that: (i) they are required to keep for compliance purposes
under a document retention policy or as required by applicable law, professional standards, a court, or regulatory
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ID: 9CE91B8B-6CBD-842D-80A3-ED459735A1F0
314E3645-D60D-441C-BE48-A8289FA91D04
17E7DDF2-B7BC-42DA-8449-ECBFB492C321

agency; or (ii) have been created electronically pursuant to automatic or ordinary course archiving, back-up, security,
or disaster recovery systems or procedures; provided, however, that any such retained information shall remain
subject to this Agreement. Upon Discloser’s request, Recipient will provide Discloser with written confirmation of
destruction in compliance with this provision.
7.5 Equitable Relief. Each party acknowledges that a breach of this Section 7 (Confidentiality) shall cause the
other party irreparable injury and damage. Therefore, each party agrees that those breaches may be stopped
through injunctive proceedings in addition to any other rights and remedies which may be available to the injured
party at law or in equity without the posting of a bond.
8. Warranties & Disclaimer.
8.1 No Warranty for Pre-Production Versions. Any pre-production feature or version of an Offering provided to
Customer is experimental and provided “AS IS” without warranty of any kind and will not create any obligation for
CrowdStrike to continue to develop, productize, support, repair, offer for sale, or in any other way continue to provide
or develop any such feature or Offering. Customer agrees that its purchase is not contingent on the delivery of any
future functionality or features, or dependent on any oral or written statements made by CrowdStrike regarding future
functionality or features.
8.2 Product Warranty. If Customer has purchased a Product, CrowdStrike warrants to Customer during the
applicable Subscription/Order Term that: (i) the Product will operate without Error; and (ii) CrowdStrike has used
industry standard techniques to prevent the Products at the time of delivery from injecting malicious software viruses
into Customer’s Endpoints where the Products are installed. Customer must notify CrowdStrike of any warranty
claim during the Subscription/Order Term. Customer’s sole and exclusive remedy and the entire liability of
CrowdStrike for its breach of this warranty will be for CrowdStrike, at its own expense to do at least one of the
following: (a) use commercially reasonable efforts to provide a work-around or correct such Error; or (b) terminate
Customer’s license to access and use the applicable non-conforming Product and refund the prepaid fee prorated
for the unused period of the Subscription/Order Term. CrowdStrike shall have no obligation regarding Errors
reported after the applicable Subscription/Order Term.
8.3 Services Warranty. CrowdStrike warrants to Customer that it will perform all Services in a professional and
workmanlike manner consistent with generally accepted industry standards. Customer must notify CrowdStrike of
any warranty claim for Services during the period the Services are being performed or within 30 days after the
conclusion of the Services. Customer’s sole and exclusive remedy and the entire liability of CrowdStrike for its
breach of this warranty will be for CrowdStrike, at its option and expense, to (a) use commercially reasonable efforts
to re-perform the non-conforming Services, or (b) refund the portion of the fees paid attributable to the nonconforming Services.
8.4 Exclusions. The express warranties do not apply if the applicable Product or Service: (i) has been modified,
except by CrowdStrike, (ii) has not been installed, used, or maintained in accordance with this Agreement or
Documentation, or (iii) is non-conforming due to a failure to use an applicable Update. If any part of a Product or
Service references websites, hypertext links, network addresses, or other third party locations, information, or
activities, it is provided as a convenience only.
8.5 No Guarantee. CUSTOMER ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT CROWDSTRIKE
DOES NOT GUARANTEE OR WARRANT THAT IT WILL FIND, LOCATE, OR DISCOVER ALL OF CUSTOMER’S
OR ITS AFFILIATES’ SYSTEM THREATS, VULNERABILITIES, MALWARE, AND MALICIOUS SOFTWARE, AND
CUSTOMER AND ITS AFFILIATES WILL NOT HOLD CROWDSTRIKE RESPONSIBLE THEREFOR.
8.6 Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS SECTION 8, CROWDSTRIKE AND ITS
AFFILIATES DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CROWDSTRIKE AND ITS
AFFILIATES AND SUPPLIERS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGMENT WITH RESPECT TO THE
OFFERINGS AND CROWDSTRIKE TOOLS. THERE IS NO WARRANTY THAT THE OFFERINGS OR
CROWDSTRIKE TOOLS WILL BE ERROR FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION
OR WILL FULFILL ANY OF CUSTOMER’S PARTICULAR PURPOSES OR NEEDS. THE OFFERINGS AND
CROWDSTRIKE TOOLS ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USE IN
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ID: 9CE91B8B-6CBD-842D-80A3-ED459735A1F0
314E3645-D60D-441C-BE48-A8289FA91D04
17E7DDF2-B7BC-42DA-8449-ECBFB492C321

ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. NEITHER THE
OFFERINGS NOR CROWDSTRIKE TOOLS ARE FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION,
NUCLEAR FACILITIES, COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFESUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE
COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY, OR PROPERTY DAMAGE. Customer agrees that it
is Customer’s responsibility to ensure safe use of an Offering and the CrowdStrike Tools in such applications and
installations. CROWDSTRIKE DOES NOT WARRANT ANY THIRD PARTY PRODUCTS OR SERVICES.
9. Indemnification.
9.1 CrowdStrike’s Obligation. CrowdStrike shall at its cost and expense: (i) defend and/or settle any claim brought
against Customer by an unaffiliated third party alleging that an Offering infringes or violates that third party’s
intellectual property rights, and (ii) pay and indemnify any settlement of such claim or any damages awarded to such
third party by a court of competent jurisdiction as a result of such claim; provided, that Customer: (a) gives
CrowdStrike prompt written notice of such claim; (b) permits CrowdStrike to solely control and direct the defense or
settlement of such claim (however, CrowdStrike will not settle any claim in a manner that requires Customer to admit
liability without Customer’s prior written consent); and (c) provides CrowdStrike all reasonable assistance in
connection with the defense or settlement of such claim, at CrowdStrike’s cost and expense. In addition, Customer
may, at Customer’s own expense, participate in defense of any claim. To the extent required by applicable law, any
defense under this section shall be subject to the initial consent and approval of the Minnesota Attorney General.
9.2 Remedies. If a claim covered under this Section occurs or in CrowdStrike’s opinion is reasonably likely to
occur, CrowdStrike may at its expense and sole discretion (and if Customer’s access and use of an Offering is
enjoined, CrowdStrike will, at its expense): (i) procure the right to allow Customer to continue using the applicable
Offering; (ii) modify or replace the applicable Offering to become non-infringing; or (iii) if neither (i) nor (ii) is
commercially practicable, terminate Customer’s license or access to the affected portion of applicable Offering and
refund a portion of the pre-paid, unused fees paid by Customer corresponding to the unused period of the
Subscription/Order Term.
9.3 Exclusions. CrowdStrike shall have no obligations under this Section if the claim is based upon or arises out
of: (i) any modification to the applicable Offering not made by CrowdStrike; (ii) any combination or use of the
applicable Offering with or in any third party software, hardware, process, firmware, or data, to the extent that such
claim is based on such combination or use; (iii) Customer’s continued use of the allegedly infringing Offering after
being notified of the infringement claim or after being provided a modified version of the Offering by CrowdStrike at
no additional cost that is intended to address such alleged infringement; (iv) Customer’s failure to use the Offering
in accordance with the applicable Documentation; and/or (v) Customer’s use of the Offering outside the scope of
the rights granted under this Agreement.
9.4 Exclusive Remedy. THE REMEDIES SPECIFIED IN THIS SECTION CONSTITUTE CUSTOMER’S SOLE
AND EXCLUSIVE REMEDIES, AND CROWDSTRIKE’S ENTIRE LIABILITY, WITH RESPECT TO ANY
INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
10. Limitation of Liability.
10.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR LIABILITY FOR ANY
AMOUNTS PAID OR PAYABLE TO THIRD PARTIES UNDER SECTION 9 (INDEMNIFICATION), CUSTOMER’S
PAYMENT OBLIGATIONS, AND/OR ANY INFRINGEMENT OR MISAPPROPRIATION BY ONE PARTY OF THE
OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, NEITHER PARTY SHALL BE LIABLE TO THE OTHER
PARTY IN CONNECTION WITH THIS AGREEMENT OR THE SUBJECT MATTER HEREOF (UNDER ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STATUTE, TORT OR OTHERWISE) FOR ANY LOST
PROFITS, REVENUE, OR SAVINGS, LOST BUSINESS OPPORTUNITIES, LOST DATA, OR SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR SUCH DAMAGES OR LOSSES WERE REASONABLY
FORESEEABLE; OR (B) AN AMOUNT THAT EXCEEDS THE TOTAL FEES PAID OR PAYABLE TO
CROWDSTRIKE FOR THE RELEVANT OFFERING DURING THAT OFFERING’S SUBSCRIPTION/ORDER
TERM PROVIDED, HOWEVER, THAT IN THE EVENT OF A CLAIM RESULTING FROM A PARTY’S BREACH OF
SECTION 7 (CONFIDENTIALITY) OR BREACH OF EXHIBIT A WHICH RESULTS IN THE COMPROMISE OF
CUSTOMER DATA OR PERSONAL DATA, THE BREACHING PARTY’S LIABILITY SHALL NOT EXCEED AN
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314E3645-D60D-441C-BE48-A8289FA91D04
17E7DDF2-B7BC-42DA-8449-ECBFB492C321

AMOUNT IN EXCESS OF THREE TIMES (3X) THE TOTAL FEES PAID OR PAYABLE TO CROWDSTRIKE FOR
THE RELEVANT OFFERING DURING THAT OFFERING’S SUBSCRIPTION/ORDER TERM.
THESE
LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY
SPECIFIED IN THIS AGREEMENT. MULTIPLE CLAIMS SHALL NOT EXPAND THE LIMITATIONS SPECIFIED IN
THIS SECTION 10. THIS PROVISION DOES NOT LIMIT EITHER PARTY'S LIABILITY FOR: DEATH OR BODILY
INJURY CAUSED BY THEIR NEGLIGENCE; ACTS OF FRAUD OR WILLFUL MISCONDUCT UNDER THE
AGREEMENT; OR ANY LIABILITY THAT MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
11. Compliance with Laws. Each party agrees to comply with all U.S. federal, state, local and non-U.S. laws directly
applicable to such party in the performance of this Agreement, including but not limited to, applicable export and
import, anti-corruption and employment laws. Customer acknowledges and agrees the Offerings shall not be used,
transferred, or otherwise exported or re-exported to regions that the United States and/or the European Union
maintains an embargo or comprehensive sanctions (collectively, “Embargoed Countries”), or to or by a national or
resident thereof, or any person or entity subject to individual prohibitions (e.g., parties listed on the U.S. Department
of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders)
(collectively, “Designated Nationals”), without first obtaining all required authorizations from the U.S. government and
any other applicable government. Customer represents and warrants that Customer is not located in, or is under the
control of, or a national or resident of, an Embargoed Country or Designated National. CrowdStrike represents and
warrants that CrowdStrike is not located in, or is under the control of, or a national or resident of, an Embargoed
Country or Designated National.
12. U.S. Government End Users.
12.1 Commercial Items. The following applies to all acquisitions by or for the U.S. government or by any U.S
Government prime contractor or subcontractor at any tier (“Government Users”) under any U.S. Government
contract, grant, other transaction, or other funding agreement. The Products, CrowdStrike Tools, and
Documentation are “commercial items,” as that term is defined in Federal Acquisition Regulation (“FAR”) (48 C.F.R.)
2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such
terms are used in FAR 12.211 and 12.212. In addition, Department of Defense FAR Supplement (“DFARS”)
252.227-7015 (Technical Data – Commercial Items) applies to technical data acquired by Department of Defense
agencies. Consistent with FAR 12.211 and 12.212 and DFARS (48 C.F.R.) 227.7202-1 through 227.7202-4, the
Products, CrowdStrike Tools, and Documentation are being licensed to Government Users pursuant to the terms of
this license(s) customarily provided to the public as forth in this Agreement, unless such terms are inconsistent with
United States federal law (“Federal Law”).
12.2 Disputes with the U.S. Government. If this Agreement fails to meet the Government’s needs or is inconsistent
in any way with Federal Law and the parties cannot reach a mutual agreement on terms for this Agreement, the
Government agrees to terminate its use of the Offerings. In the event of any disputes with the U.S. Government in
connection with this Agreement, Section 14.3 of this Agreement shall not apply. Instead the rights and duties of the
parties arising from this Agreement, shall be governed by, construed, and enforced in accordance with Federal
Procurement Law and any such disputes shall be resolved pursuant to the Contract Disputes Act of 1978, as
amended (41 U.S.C. 7101-7109), as implemented by the Disputes Clause, FAR 52.233-1.
12.3 Precedence. This U.S. Government rights in this Section are in lieu of, and supersedes, any other FAR, DFARS,
or other clause, provision, or supplemental regulation that addresses Government rights in the Offerings, computer
software or technical data under this Agreement.
13. Suspension and Termination. This Agreement shall remain effective until termination in accordance with this
Section or as otherwise specified herein. CrowdStrike may immediately suspend Customer’s access to, or use of,
the Offerings if: (i) CrowdStrike believes that there is a significant threat to the security, integrity, functionality, or
availability of the Offerings or any content, data, or applications in the Offerings; (ii) Customer or Customer users are
in breach of Section 3.4 (Restrictions); or (iii) Customer fails to pay CrowdStrike when undisputed fees are due;
provided, however, CrowdStrike will use commercially reasonable efforts under the circumstances to provide
Customer with notice and, if applicable, an opportunity to remedy such violation prior to any such suspension. Either
party may terminate this Agreement upon 30 days’ written notice of a material breach by the other party, unless the
breach is cured within the 30-day notice period. Prior to termination and subject to the terms of this Agreement,
Customer shall have the right to access and download Customer Data available per the Customer’s purchased
Products and data retention period in a manner and in a format supported by the Products. Upon termination of this
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Agreement for any reason: (a) all Customer’s access and use rights granted in this Agreement will terminate;
(b) Customer must promptly cease all use of Offerings and de-install all Software Components installed on
Customer’s Endpoints; and (c) Customer Data will be deleted in accordance with the data retention period purchased
by Customer and Section 7.4 Confidentiality; Destruction). Sections 1, 3.4, 7, 10, 12, 13, and 14 and all liabilities that
accrue prior to termination shall survive expiration or termination of this Agreement for any reason.
13.1 Termination by Customer. Customer may terminate this Agreement at any time for convenience upon thirty
(30) calendar days written notice; provided, however, that Customer (a) shall not be entitled to any refund of prepaid
fees, (b) shall pay all fees for any Offerings ordered prior to the effective date of termination, and (c) shall pay all
fees and expenses that have accrued prior to the effective date of termination. Customer may terminate this
Agreement for cause in the event of material breach of the Agreement by CrowdStrike, in which case Customer
shall be entitled to a pro-rata refund of fees paid and shall be relieved of all future payment obligations. Upon
termination by Customer for any reason Customer shall have the right to access and download Customer Data
available per the Customer’s purchased Products and data retention period in a manner and in a format supported
by the Products.
13.2 Funding Out Clause. Customer may immediately cancel this Agreement if it does not obtain funding from the
Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the
payment of the Offerings covered here. Notwithstanding the foregoing, (1) with each Order, Customer must have
provided a purchase order; and (2) Customer's issuance of such purchase order shall signify to CrowdStrike that all
funds for the Order, which funds are or will become, pursuant to such Order, due and payable in the then current
fiscal year, have been fully appropriated and are available and no longer subject to any appropriations contingency.
Cancellation must be by written or facsimile transmission notice to CrowdStrike. Customer will not be assessed any
penalty if this Agreement is cancelled because of a decision of the Minnesota Legislature, or other funding source,
not to appropriate funds. Customer must provide CrowdStrike notice of the lack of funding within a reasonable time
of the Customer’s receiving that notice.
14. General.
14.1 Entire Agreement. This Agreement constitutes the entire agreement between Customer and CrowdStrike
concerning the subject matter of this Agreement and it supersedes all prior and simultaneous proposals, agreements,
understandings, or other communications between the parties, oral or written, regarding such subject matter.
Notwithstanding the foregoing, if you have a CrowdStrike Limited Warranty Agreement for Falcon Complete (or a
preceding or successor named product) fully executed with CrowdStrike, the warranty provided therein stands alone
and is not superseded by this Agreement. It is expressly agreed that the terms of this Agreement shall supersede
any terms in any procurement Internet portal or other similar non-CrowdStrike document and no such terms included
in any such portal or other non-CrowdStrike document shall apply to the Offerings ordered. Any Order through a
reseller is subject to, and CrowdStrike’s obligations and liabilities to Customer are governed by, this Agreement.
CrowdStrike is not obligated under any reseller's agreement with you unless an officer of CrowdStrike executes the
agreement. This Agreement shall not be construed for or against any party to this Agreement because that party or
that party’s legal representative drafted any of its provisions.
14.2 Assignment. Neither party may assign this Agreement without the prior written consent of the other party,
except to an Affiliate in connection with a corporate reorganization or in connection with a merger, acquisition, or
sale of all or substantially all of its business and/or assets. Any assignment in violation of this Section shall be void.
Subject to the foregoing, all rights and obligations of the parties under this Agreement shall be binding upon and
inure to the benefit of and be enforceable by and against the successors and permitted assigns.
14.3 Governing Law; Venue. This Agreement, and the rights and duties of the parties arising from this Agreement,
shall be governed by, construed, and enforced in accordance with the laws of the State of Minnesota, excluding its
conflicts-of-law principles. The sole and exclusive jurisdiction and venue for actions arising under this Agreement
shall be state and federal courts in Ramsey County, Minnesota, and the parties agree to service of process in
accordance with the rules of such courts. The Uniform Computer Information Transactions Act and the United
Nations Convention on the International Sale of Goods shall not apply. Notwithstanding the foregoing, each party
reserves the right to file a suit or action in any court of competent jurisdiction as such party deems necessary to
protect its intellectual property rights and, in CrowdStrike’s case, to recoup any payments due.

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Envelope ID:
ID: 9CE91B8B-6CBD-842D-80A3-ED459735A1F0
314E3645-D60D-441C-BE48-A8289FA91D04
17E7DDF2-B7BC-42DA-8449-ECBFB492C321

14.4 Independent Contractors; No Third Party Rights. The parties are independent contractors. This Agreement
shall not establish any relationship of partnership, joint venture, employment, franchise, or agency between the
parties. No provision in this Agreement is intended or shall create any rights with respect to the subject matter of
this Agreement in any third party.
14.5 Waiver, Severability & Amendments. The failure of either party to enforce any provision of this Agreement
shall not constitute a waiver of any other provision or any subsequent breach. If any provision of this Agreement is
held to be illegal, invalid, or unenforceable, the provision will be enforced to the maximum extent permissible so as
to affect the intent of the parties, and the remaining provisions of this Agreement will remain in full force and
effect. This Agreement may only be amended, or any term or condition set forth herein waived, by written consent
of both parties.
14.6 Force Majeure. Neither party shall be liable for, nor shall either party be considered in breach of this Agreement
due to, any failure to perform its obligations under this Agreement (other than its payment obligations) as a result of
a cause beyond its control, including but not limited to, act of God or a public enemy, act of any military, civil or
regulatory authority, change in any law or regulation, fire, flood, earthquake, storm or other like event, disruption or
outage of communications (including an upstream server block and Internet or other networked environment
disruption or outage), power or other utility, labor problem, or any other cause, whether similar or dissimilar to any
of the foregoing, which could not have been prevented with reasonable care. The party experiencing a force majeure
event, shall use commercially reasonable efforts to provide notice of such to the other party.
14.7 Notices. All legal notices will be given in writing to the addresses in the first introductory paragraph of this
Agreement and will be effective: (i) when personally delivered, (ii) on the reported delivery date if sent by a
recognized international or overnight courier, or (iii) five business days after being sent by registered or certified mail
(or ten days for international mail). For clarity, Orders, POs, confirmations, invoices, and other documents relating
to order processing and payment are not legal notices and may be delivered electronically in accordance with each
party’s standard ordering procedures.
14.8 Signatures. This Agreement and any Orders may be executed in two counterparts, each of which will be
considered an original but all of which together will constitute one agreement. Any signature delivered by electronic
means shall be treated for all purposes as an original.
14.9 IT Accessibility. CrowdStrike acknowledges and is fully aware of the accessibility requirements of Minnesota
Statutes section 16E.03 and the State of Minnesota Accessibility Standards – available online at
http://mn.gov/mnit/images/Stnd_State_Accessibility.pdf or http://mn.gov/mnit/ – that incorporate both Section 508
of the Rehabilitation Act and Web Content Accessibility Guidelines 2.0 level ‘AA’. The Standards apply to web sites,
software applications, electronic reports and output documentation, training delivered in electronic formats (including,
but not limited to, documents, videos, and webinars), among others .
The extent to which an Offering is, at the time of delivery, capable of providing comparable access to individuals
with disabilities consistent with the applicable provisions of Section 508 of the Rehabilitation Act of 1973, in effect
as of the Effective Date, is indicated by the comments and exceptions (if any) specified on the applicable Voluntary
Product Accessibility Template (VPAT), provided that such Offering is used in accordance with the applicable
Documentation and that any assistive technologies and any other products used with the Offering properly
interoperate with such Offering. In the event that no VPAT is available for a particular Offering, the outcome may be
that an Offering is still being evaluated for accessibility, may be scheduled to meet accessibility standards in a future
release, or may not be scheduled to meet accessibility standards at all.
Upon Customer’s request and pursuant to Section 3.1 hereof, CrowdStrike will allow Customer sufficient access to
each Product prior to initial purchase for Customer evaluation of such Product by testing in Customer’s production
or non-production environment and review of the then-current VPAT and any additional information provided by
CrowdStrike. CrowdStrike acknowledges that given Customer’s statutory obligations to provide accessible IT
solutions to users, nonconformance with the above referenced standards may limit its ability to purchase an Offering
or expand its deployment by purchasing additional quantities of an Offering. If an Offering does not provide the
comparable access described above and in the corresponding VPAT, Customer’s sole and exclusive remedy and
the entire liability of CrowdStrike for such failure will be for CrowdStrike, at its own expense to do at least one of the
following: (a) use commercially reasonable efforts to rectify the deficiency; or (b) terminate Customer’s license to

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access and use the applicable non-conforming Offering and refund the prepaid fee prorated for the unused period
of the Subscription/Order Term.

CROWDSTRIKE, INC.

State of Minnesota, Office of MN.IT Services:

By: ____________________________________

By: ____________________________________

Mike Forman

Name: _________________________________
VP/Controller

Title: ___________________________________
1/25/2021

Date: __________________________________

Tracy Gerasch

Name: __________________________________
Procurement Director
Title: ___________________________________
1/28/2021

Date: ___________________________________

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314E3645-D60D-441C-BE48-A8289FA91D04
17E7DDF2-B7BC-42DA-8449-ECBFB492C321

Exhibit A: Data Security and Privacy Schedule
1. Definitions
a. “CrowdStrike Systems” means those computer systems hosting the ‘Falcon EPP Platform’.
b. “Customer Data” means the data generated by the Customer’s Endpoint and collected by: (i) the Products,
and/or (ii) the CrowdStrike Tools, and in either case, sent to the CrowdStrike Systems, which may include
government data” in Minnesota Statutes section 13.02, subdivision 7 and “not public” customer data has
the meaning in Minnesota Statutes section 13.02, subdivision 8a. Customer Data is considered Customer’s
Confidential Information (defined in Section 7 Confidentiality) and subject to the exclusions, exceptions and
obligations set forth therein and this Exhibit A Data Security and Privacy Schedule.
c. “Execution Profile/Metric Data” means any machine-generated data, such as metadata derived from
tasks, file execution, commands, resources, network telemetry, executable binary files, macros, scripts,
and processes, that: (i) Customer provides to CrowdStrike in connection with this Agreement or (ii) is
collected or discovered during the course of CrowdStrike providing Offerings, excluding any such
information or data that identifies Customer or to the extent it includes Personal Data.
d. “Personal Data” means information provided by Customer to CrowdStrike or collected by CrowdStrike
from Customer used to distinguish or trace a natural person’s identity, either alone or when combined with
other personal or identifying information that is linked or linkable by CrowdStrike to a specific natural person.
Personal Data also includes such other information about a specific natural person to the extent that the
data protection laws applicable in the jurisdictions in which such person resides define such information as
Personal Data.
e. “Privacy and Security Laws” means U.S. federal, state and local and non-U.S. laws, including those of
the European Union, that regulate the privacy or security of Personal Data and that are directly applicable
to CrowdStrike.
f. "Privacy Incident" means violation of the Minnesota Government Data Practices Act (Minnesota Statutes
chapter 13); violation of federal data disclosure or privacy requirements in federal laws, rules and
regulations; and/or breach of a contractual obligation to protect Customer Data that results in the
compromise of such Customer Data. This includes, unauthorized: access to, viewing of, obtaining of,
acquisition of, use of, disclosure of, damage to, loss of, modification of, alteration to or destruction of
Customer Data protected by such state or federal laws or by contract. Notwithstanding the foregoing, this
shall not prevent CrowdStrike from performing its duties as provided for under this Agreement.
g. “Security Breach” means unauthorized access to, or unauthorized acquisition of: (i) Customer Data, or
(ii) Personal Data, stored on CrowdStrike Systems that results in the compromise of such Customer Data
and/or Personal Data.
h. "Security Incident" means any actual or successful: unauthorized access to, viewing of, obtaining of,
acquisition of, use of, disclosure of, modification of, alteration to, loss of, damage to or destruction of
Customer Data that results in the compromise of such Customer Data and/or Personal Data.
i. “Threat Actor Data” means any malware, spyware, virus, worm, Trojan horse, or other potentially
malicious or harmful code or files, URLs, DNS data, network telemetry, commands, processes or
techniques, metadata, or other information or data, in each case that is potentially related to unauthorized
third parties associated therewith and that: (i) Customer provides to CrowdStrike in connection with this
Agreement, or (ii) is collected or discovered during the course of CrowdStrike providing Offerings, excluding
any such information or data that identifies Customer or to the extent that it includes Personal Data.
2. Falcon Platform
The ‘Falcon EPP Platform’ uses a crowd-sourced environment, for the benefit of all customers, to help customers
protect themselves against suspicious and potentially destructive activities. CrowdStrike’s Products are designed
to detect, prevent, respond to, and identify intrusions by collecting and analyzing data, including machine event
data, executed scripts, code, system files, log files, dll files, login data, binary files, tasks, resource information,
commands, protocol identifiers, URLs, network data, and/or other executable code and metadata. Customer,
rather than CrowdStrike, determines which types of data, whether Personal Data or not, exist on its systems.
Accordingly, Customer’s endpoint environment is unique in configurations and naming conventions and the
machine event data could potentially include Personal Data. CrowdStrike uses the data to: (i) analyze,
characterize, attribute, warn of, and/or respond to threats against Customer and other customer, (ii) analyze
trends and performance, (iii) improve the functionality of, and develop, CrowdStrike’s products and services, and
enhance cybersecurity; and (iv) permit Customers to leverage other applications that use the data, but for all of

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the foregoing, in a way that does not identify Customer or Customer’s Personal Data to other customers. Neither
Execution Profile/Metric Data nor Threat Actor Data are Customer’s Confidential Information or Customer Data.
3.

Processing Personal Data
a. Provisioning/Use of Offerings. Personal Data may be collected and used during the provisioning and use
of the Offerings to deliver, support and improve the Offerings, administer the Agreement and further the
business relationship between Customer and CrowdStrike, comply with law, act in accordance with
Customer’s written instructions, or otherwise in accordance with this Agreement. Customer authorizes
CrowdStrike to collect, use, store, and transfer the Personal Data that Customer provides to CrowdStrike
as contemplated in this Agreement.
b. Suspicious/Unknown File Analysis. While using certain CrowdStrike Offerings Customer may have the
option to upload (by submission, configuration, and/or, in the case of Services, by CrowdStrike personnel
retrieval) files and other information related to the files for security analysis and response or, when
submitting crash reports, to make the product more reliable and/or improve CrowdStrike’s products and
services or enhance cyber-security. These potentially suspicious or unknown files may be transmitted and
analyzed to determine functionality and their potential to cause instability or damage to Customer’s
endpoints and systems. In some instances, these files could contain Personal Data for which Customer
is responsible.

4. Compliance with Privacy and Information Security Requirements
a. CrowdStrike is responsible for the security and protection of Customer Data. If utilizing a third party hosting
platform, CrowdStrike remains responsible for the security and protection of Customer Data and
CrowdStrike represents that its agreement with the third party hosting platform provider includes terms and
conditions sufficient to allow CrowdStrike to comply with its obligations hereunder. The terms, conditions,
and provisions of this Security and Data Protection section take precedence and will prevail over any other
terms, conditions, and provisions of the Agreement, if in conflict. This Security and Data Protection section,
including its sub-sections, survives the completion, termination, expiration, or cancellation of the
Agreement. The Information Security Controls identified in Appendix 1 apply except where a higher level,
more specific or additional control is required per this Exhibit A.
b. Customer solely and exclusively owns and retains all right, title and interest, whether express or implied,
in and to any and all Customer Data. CrowdStrike has no and acquires no right, title or interest, whether
express or implied, in and to Customer Data. CrowdStrike will only use Customer Data for the purposes
set forth in the Agreement. CrowdStrike will only access Customer Data as necessary for performance of
this Agreement.
c.

Compliance with Laws. CrowdStrike shall comply with all Privacy and Security Laws, the EU-US Privacy
Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of
Commerce regarding the collection, use, and retention of Personal Data from the European Economic Area,
Switzerland, and the United Kingdom, as applicable. CrowdStrike’s privacy notice may be found at
http://www.crowdstrike.com/privacy-notice/. To the extent necessary to comply with Privacy and Security
Laws, including but not limited to when Customer is a controller of Personal Data processed by CrowdStrike
originating in the European Union, Switzerland, or the United Kingdom, the Data Protection Addendum set
forth here https://www.crowdstrike.com/data-protection-agreement/ shall apply to CrowdStrike’s
processing of such Customer Personal Data.

d. Safeguards. CrowdStrike shall maintain appropriate technical and organizational safeguards
commensurate with the sensitivity of the Customer Data and Personal Data processed by it on Customer’s
behalf, which are designed to protect the security, confidentiality, and integrity of such Customer Data and
Personal Data and protect such Customer Data and Personal Data against accidental or unlawful
destruction or accidental loss, alteration, unauthorized disclosure or access, including the safeguards set
forth on Appendix 1 which substantially conform to the ISO/IEC 27002 control framework. (“Information
Security Controls for CrowdStrike Systems”).
e. Access; Contacts. With respect to employees, agents, and subcontractors, CrowdStrike shall limit access
to Customer Data and Personal Data to only those employees, agents, and subcontractors who have a
need to access the Customer Data and/or Personal Data in order to carry out their roles as contemplated
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314E3645-D60D-441C-BE48-A8289FA91D04
17E7DDF2-B7BC-42DA-8449-ECBFB492C321

in the terms of this Agreement.. CrowdStrike shall assign and train personnel who shall: (i) liaise with
customers regarding any issues concerning the security of Customer Data and/or Personal Data; (ii)
receive notice of any Security Breach discovered by CrowdStrike and provide notice of any such Security
Breach to Customer; and (iii) coordinate CrowdStrike’s Security Breach response and remedial action.
f.

Security Program. CrowdStrike will make best efforts to protect and secure Customer Data related to this
Agreement. CrowdStrike will establish and maintain an Information Security Program for GovCloud
Offerings (“Program”) that includes an information security policy (“Policy”) applicable Offerings hosted
within the boundary of the applicable FedRAMP or DISA baseline accreditation and authority to operate by
the US Federal Government (“GovCloud Offerings”). CrowdStrike’s Program and Policy must align with
appropriate industry security frameworks and standards such as National Institute of Standards and
Technology (“NIST”) 800-53 Special Publication Revision 4, Federal Information Processing Standards
(“FIPS”) 199, or Federal Risk and Authorization Management Program (“FedRAMP”). In accordance with
Section 6 of this Exhibit A, CrowdStrike will evidence of the above to Customer on a confidential, need-toknow basis, along with other related information reasonably requested by Customer regarding
CrowdStrike’s security practices and policies. Unless inconsistent with applicable laws, CrowdStrike and
Customer must treat the Policy and related information on security practices and policies that are specific
to the State as confidential information and as not public data pursuant to Minnesota Statutes section 13.37.

g. Data Management.
To the extent required by the Policy, CrowdStrike will implement and maintain
procedures to physically and logically segregate Customer Data. CrowdStrike will only use Customer Data
to the extent necessary to perform its obligations and to improve its Offerings under the Agreement.
h. Data Encryption. When required by the Policy, CrowdStrike must encrypt all Customer Data at rest and in
transit using NIST certified FIPS Publication 140-2 encryption, or applicable law, regulation or rule,
whichever is a higher standard.
i.

Data Center and Monitoring/Support Locations. During the term of the Agreement for GovCloud Offerings,
CrowdStrike will: (1) locate all production and disaster recovery data centers that store, process or transmit
Customer Data only in the continental United States, (2) store, process and transmit Customer Data only in
the continental United States.
j.

Security Audits & Remediation. CrowdStrike will audit the security of the CrowdStrike Systems for
GovCloud Offerings, including those of the data centers used by CrowdStrike to provide such products and
services. This security audit: (1) will be performed at least once every calendar year beginning with 2020;
(2) will be performed according to FedRAMP requirements; (3) will be performed by third party security
professionals at CrowdStrike’s election and expense; (4) will result in the generation of an audit report
(“CrowdStrike Audit Report”), which will, to the extent permitted by applicable law, be deemed confidential
information and as not public data under the Minnesota Government Data Practices Act (Minnesota
Statutes chapter 13); and (5) may be performed for other purposes in addition to satisfying this section.
CrowdStrike will, in CrowdStrike’s opinion, reasonably remediate or mitigate any control deficiencies
identified in the CrowdStrike Audit Report in a commercially reasonable timeframe. If Customer becomes
aware of any other CrowdStrike controls that do not substantially meet Customer requirements as set forth
in this Exhibit A, Customer may request remediation or mitigation from CrowdStrike. CrowdStrike, in
CrowdStrike’s opinion, will reasonably remediate or mitigate any such control deficiencies identified by
Customer or known by CrowdStrike, in a commercially reasonable timeframe.

k.

Insurance and Liability. CrowdStrike will maintain the insurance described below in force and effect
throughout the term of the Agreement. An Umbrella or Excess Liability insurance policy may be used to
supplement CrowdStrike’s policy limits to satisfy the full policy limits required by the Agreement provided
that CrowdStrike warrants that the minimum coverage requirements below are met.
Professional/Technical, Errors and Omissions, including Network Security and Privacy Liability Insurance
(or equivalent Network Security and Privacy Liability coverage endorsed on another form of liability
coverage or written as a standalone policy):
This policy must provide coverage for all claims CrowdStrike may become legally obligated to pay resulting
from any actual or alleged negligent act, error, or omission related to the Agreement, including but not

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17E7DDF2-B7BC-42DA-8449-ECBFB492C321

limited to claims which may arise from failure of CrowdStrike’s or a subcontractor’s security resulting in,
but not limited to, computer attacks, unauthorized access, disclosure of confidential or private information,
transmission of a computer virus or denial of service.
CrowdStrike is required to carry the following minimum limits:
$2,000,000 – per claim or event
$2,000,000 – annual aggregate
Any deductible will be the sole responsibility of the CrowdStrike and, unless CrowdStrike maintains an
audited net worth of at least $100 million, the deductible may not exceed $100,000 without the written
approval of Customer. If CrowdStrike desires authority from Customer to have a deductible in a higher
amount, CrowdStrike shall so request in writing, specifying the amount of the desired deductible and
providing financial documentation by submitting the most current audited financial statements so that
Customer can ascertain the ability of CrowdStrike to cover the deductible from its own resources. The
retroactive or prior acts date of such coverage shall not be after the effective date of the Agreement. Claims
occurring during the term of the Agreement against such insurance may be made up to (3) years following
expiration or termination of the Agreement.
CrowdStrike’s policy(ies) shall be primary insurance to any other valid and collectible insurance available
to Customer with respect to any claim arising out of CrowdStrike’s performance under this Agreement.
CrowdStrike is responsible for payment of Agreement related insurance premiums and deductibles. If
CrowdStrike is self-insured, a Certificate of Self-Insurance must be provided to Customer. CrowdStrike
shall obtain insurance policy(ies) from insurance company(ies) having an “AM BEST” rating of A- (minus);
Financial Size Category (“FSC”) VII or better, and authorized to do business in the State of Minnesota.
CrowdStrike shall provide evidence of coverages meeting or exceeding the requirements of this Insurance
and Liability Section upon Customer’s request. Customer reserves the right to immediately terminate the
Agreement if the CrowdStrike is not in compliance with the insurance requirements of this sub-section and
retains all rights to pursue any legal remedies against the CrowdStrike.
l.

Compliance with Data Privacy and Security Laws and Standards. CrowdStrike shall comply with all
applicable State and federal data privacy and data security laws, rules, and regulations.

m. Criminal Justice Information Services (CJIS) Compliance: Should Customer determine a CrowdStrike
Product would store, transmit or otherwise access Criminal Justice Information (CJI), upon Customer’s
request made prior to the purchase by Customer of such Product, the parties will meet to discuss a possible
amendment to this Agreement stipulating how CrowdStrike shall comply with the applicable requirements,
restrictions, and conditions set forth in the FBI Criminal Justice Information Services (CJIS) Security Policy.
For the avoidance of doubt, and notwithstanding anything herein to the contrary, under no circumstances
shall CrowdStrike be obligated to amend this Agreement per this clause (m).
n. Remedies. CrowdStrike acknowledges that Customer, because of the unique nature of its data, would
suffer irreparable harm in the event that CrowdStrike breaches its obligation to protect the security,
availability, and integrity of the Customer Data under this Exhibit A, and monetary damages may not
adequately compensate Customer for such a breach. In such circumstances, Customer will be entitled, in
addition to monetary relief, to injunctive relief or specific performance as may be necessary to restrain any
continuing or further breach by CrowdStrike, without showing or proving any actual damages sustained by
Customer.
o. Business Continuity. CrowdStrike shall have written business continuity and disaster recovery plans that
define the roles, responsibilities and procedures necessary to ensure that products and services provided
under this Agreement shall be maintained continuously in the event of a disruption to CrowdStrike's
operations, regardless of the cause of the disruption. Such plans must, at a minimum, define CrowdStrike's
actions to address the impacts of the following key areas likely to cause a disruption to CrowdStrike's
operations: loss of key personnel, loss of facility, and loss of information technology. CrowdStrike must
conduct testing and review of its business continuity and disaster recovery plan at least annually.
p. Background Checks. CrowdStrike agrees and acknowledges that all CrowdStrike personnel performing
Offerings under this Agreement have undergone background screening, including: (i) Criminal Records
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314E3645-D60D-441C-BE48-A8289FA91D04
17E7DDF2-B7BC-42DA-8449-ECBFB492C321

Search: County Felony and Misdemeanor Criminal Records Search: Federal Standard Criminal; (ii) Civil
Records Search: County Civil; (iii) Social Security Number Death Master Search Motor Vehicle Records
Credit Report; (iv) Bankruptcy Records Search; (v) Sex Off ender Registry Search (if applicable); (vi)
Government Registries Search; and (vii) Education and Employment. Verification If any provision of this
sub-section is found to violate any applicable laws, rules, or State policies, then CrowdStrike will be relieved
of all obligations arising under such provision. Notwithstanding anything to the contrary in this sub-section,
this sub-section is only applicable and effective to extent that it is consistent with applicable laws, rules,
and State policies
5. Security Breach, Security Incident and Privacy Incident Response
In the event CrowdStrike discovers a Security Breach, Security Incident, or Privacy Incident, CrowdStrike shall:
a. Without undue delay but no later than 48 hours of becoming aware, notify Customer of the discovery of
Security Breach, Security Incident, or Privacy Incident. Such notice shall summarize the known
circumstances of the Security Incident or Privacy Incident and the corrective action taken or to be taken by
CrowdStrike.
b. Conduct an investigation of the circumstances of the Security Incident, or Privacy Incident.
c. Use commercially reasonable efforts to remediate the Security Incident, or Privacy Incident.
d. Use commercially reasonable efforts to communicate and cooperate with Customer concerning its
response to the Security Breach, Security Incident, or Privacy Incident.
e. The decision to notify the affected data subjects in a way that identifies the Customer’s involvement and
the form of such notice following report of a Security Breach, Security Incident, or Privacy Incident under
this Section are the responsibility of the Customer, as allowed for under applicable law.
6. Security Assessment and Provision of Audited Security Controls. Promptly after written (including email)
request from Customer, CrowdStrike shall provide Customer with: (i) its most recent SOC II, Type 2 report
regarding the CrowdStrike Systems; and (ii) provide its completed Standardized Information Gathering (SIG)
questionnaire (or similar document) for the CrowdStrike Systems (the “Security Documentation”). Upon the
provision of reasonable notice to CrowdStrike, once every twelve months during the term of the Agreement and
during normal business hours unless otherwise decided by CrowdStrike in its sole discretion, CrowdStrike shall
make appropriate CrowdStrike personnel reasonably available to Customer to discuss CrowdStrike’s manner of
compliance with applicable security obligations under this Agreement. In advance of such discussion,
CrowdStrike may, in addition to the Security Documentation, provide Customer with access to additional
requested information or documentation concerning CrowdStrike’s information security practices as they relate
to this Agreement, including without limitation, access to any security assessment reports designed to be shared
with third parties. Any information or documentation provided pursuant to this assessment process or otherwise
pursuant to this Schedule shall be considered CrowdStrike’s Confidential Information and subject to the
Confidentiality section of the Agreement.
7. Customer Obligations. Customer, along with its Affiliates, represents and warrants that: (i) it owns or has a
right of use from a third party, and controls, directly or indirectly, all of the software, hardware and computer
systems (collectively, “Systems”) where the Products and/or CrowdStrike Tools will be installed or that will be the
subject of, or investigated during, the Offerings, (ii) to the extent required under any federal, state, or local U.S.
or non-US laws (e.g., Computer Fraud and Abuse Act, 18 U.S.C. § 1030 et seq., Title III, 18 U.S.C. 2510 et seq.,
and the Electronic Communications Privacy Act, 18 U.S.C. § 2701 et seq.) it has authorized CrowdStrike to
access the Systems and process and transmit data through the Offerings and CrowdStrike Tools in accordance
with this Agreement and as necessary to provide and perform the Offerings, (iii) it has a lawful basis in having
CrowdStrike investigate the Systems, process the Customer Data and the Personal Data; (iv) that it is and will at
all relevant times remain duly and effectively authorized to instruct CrowdStrike to carry out the Offerings, and (v)
it has made all necessary disclosures, obtained all necessary consents and government authorizations required
under applicable law to permit the processing and international transfer of Customer Data and Customer Personal
Data from each Customer and Customer Affiliate, to CrowdStrike.
8. Notices. The following individuals shall be the primary contacts at Customer and CrowdStrike for any
coordination, communications or notices with respect to Personal Data and this Schedule:

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a. CrowdStrike: Drew Bagley, VP & Counsel, Privacy & Cyber Policy ([email protected] with a
copy to [email protected]). For any Security Breach: Jerry Dixon, Chief Information Security Officer
([email protected] with a copy to [email protected]).
b. Customer: the person who has signed the Agreement or another person as otherwise designated in writing
(including by email) by Customer to CrowdStrike. Each party shall promptly notify the other if any of the
foregoing contact information changes.

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Appendix 1
Information Security Controls for CrowdStrike Systems
Security Control
Category
1. Governance

2. Risk Assessment

3. Information
Security Policies
4. Human Resources
Security

5. Asset Management
6. Access Controls

7. Cryptography
8. Physical Security
9. Operations
Security

Description
a. Assign to an individual or a group of individuals appropriate roles for developing,
coordinating, implementing, and managing CrowdStrike’s administrative, physical, and
technical safeguards designed to protect the security, confidentiality, and integrity of
Personal Data
b. Use of data security personnel that are sufficiently trained, qualified, and experienced to
be able to fulfill their information security-related functions
a. Conduct periodic risk assessments designed to analyze existing information security
risks, identify potential new risks, and evaluate the effectiveness of existing security
controls
b. Maintain risk assessment processes designed to evaluate likelihood of risk occurrence
and material potential impacts if risks occur
c. Document formal risk assessments
d. Review formal risk assessments by appropriate managerial personnel
a. Create information security policies, approved by management, published and
communicated to all employees and relevant external parties.
b. Review policies at planned intervals or if significant changes occur to ensure its
continuing suitability, adequacy, and effectiveness.
a. Maintain policies requiring reasonable background checks of any new employees who
will have access to Personal Data or relevant CrowdStrike Systems, subject to local law
b. Regularly and periodically train personnel on information security controls and policies
that are relevant to their business responsibilities and based on their roles within the
organization
a. Maintain policies establishing data classification based on data criticality and sensitivity
b. Maintain policies establishing data retention and secure destruction requirements
c. Implement procedures to clearly identify assets and assign ownership
a. Identify personnel or classes of personnel whose business functions and responsibilities
require access to Personal Data, relevant CrowdStrike Systems and the organization’s
premises
b. Maintain controls designed to limit access to Personal Data, relevant CrowdStrike
Systems and the facilities hosting the CrowdStrike Systems to authorized personnel
c. Review personnel access rights on a regular and periodic basis
d. Maintain physical access controls to facilities containing CrowdStrike Systems, including
by using access cards or fobs issued to CrowdStrike personnel as appropriate
e. Maintain policies requiring termination of physical and electronic access to Personal
Data and CrowdStrike Systems after termination of an employee
f. Implement access controls designed to authenticate users and limit access to
CrowdStrike Systems
g. Implement policies restricting access to the data center facilities hosting CrowdStrike
Systems to approved data center personnel and limited and approved CrowdStrike
personnel
h. Maintain dual layer access authentication processes for CrowdStrike employees with
administrative access rights to CrowdStrike Systems
a. Implement encryption key management procedures
b. Encrypt sensitive data using a minimum of AES/128 bit ciphers in transit and at rest
a. Require two factor controls to access office premises
b. Register and escort visitors on premises
a. Perform periodic network and application vulnerability testing using dedicated qualified
internal resources
b. Contract with qualified independent 3rd parties to perform periodic network and
application penetration testing
c. Implement procedures to document and remediate vulnerabilities discovered during
vulnerability and penetration tests

CrowdStrike Form May 27 2019

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DocuSign Envelope
Docusign
Envelope ID:
ID: 9CE91B8B-6CBD-842D-80A3-ED459735A1F0
314E3645-D60D-441C-BE48-A8289FA91D04
17E7DDF2-B7BC-42DA-8449-ECBFB492C321

10. Communications
Security
11. System
Acquisition,
Development and
Maintenance
12. Supplier
Relationships
13. Information
Security Breach
Management

14. Business
Continuity
Management
15. Compliance

a. Maintain a secure boundary using firewalls and network traffic filtering
b. Require internal segmentation to isolate critical systems from general purpose networks
c. Require periodic reviews and testing of network controls
a. Assign responsibility for system security, system changes and maintenance
b. Test, evaluate and authorize major system components prior to implementation
Periodically review available security assessment reports of vendors hosting the
CrowdStrike Systems to assess their security controls and analyze any exceptions set forth
in such reports
a. Monitor the access, availability, capacity and performance of the CrowdStrike Systems,
and related system logs and network traffic using various monitoring software and
services
b. Maintain incident response procedures for identifying, reporting, and acting on Security
Breaches
c. Perform incident response table-top exercises with executives and representatives from
across various business units
d. Implement plan to address gaps discovered during exercises
e. Establish a cross-disciplinary Security Breach response team
a. Design business continuity with goal of 99.9% uptime SLA
b. Conduct scenario based testing annually
a. Establish procedures designed to ensure all applicable statutory, regulatory and
contractual requirements are adhered to

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DocuSign Envelope
Docusign
Envelope ID:
ID: 9CE91B8B-6CBD-842D-80A3-ED459735A1F0
314E3645-D60D-441C-BE48-A8289FA91D04
17E7DDF2-B7BC-42DA-8449-ECBFB492C321

Exhibit B – CrowdStrike Competitors

Appthority Bitdefender Broadcom/Symantec
Check Point (SandBlast) Cisco (AMP)
Comodo Cybereason Blackberry/Cylance Digital Guardian Elastic/Endgame enSilo
ESET
F-secure
Fidelis Cybersecurity Fireeye
FlashPoint Forcepoint Fortinet
Joe Security Kaspersky Lastline McAfee
Microsoft (Windows Defender Advanced Threat Protection) Palo Alto (Traps)
Panda Security Rapid7 SentinelOne Sophos Tanium Tenable
Trend Micro VMRay
VMWare/Carbon Black Webroot
Ziften Zimperium

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County Board Agenda Packet, Page 72

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REQUEST FOR COUNTY BOARD ACTION
Items must be received in the Administrator’s Office by Monday at 12:00 Noon, 15 days
prior to the scheduled meeting to be considered.

Item# 7.4
Meeting Date:
Department:
Title:

Consent Business

10/27/2026
Maintenance
Approve Renewal of Lease at 30 Liberty Street

======================================================================
Background:
Winona County has been leasing this space since January 2021, and is nearing the end of the initial 2021-2026 lease,
which was entered into with the owner at the time, Michaels’ Lighting, Inc. The current owners, Andy and Amy
Loos, purchased the property in January 2025.
The site has good access to the river as well as being reasonably close to the LEC building.

Summary of the Issue:
This will approve an additional two-year lease at 30 Liberty Street, from January 1, 2027 through December 31, 2028.
The 5,000 square foot heated building is currently used by Winona County’s Dive Rescue and SOAR teams.
The two-year term of the lease provides flexibility to reassess our space needs and the property conditions in two
years. At the end of the two-year lease, the county also has the first right to renew the lease for an additional five
years.

Funding:
Lease costs are included in the draft 2027 budget.
The 2027 rent is $2,487.60 per month, which is a 3.0% increase over 2026.
The 2028 rent is $2,562.23 per month, which is a 3.0% increase over 2027.
The previous 2021-2026 lease had a 3.0% increase per year. This new lease was negotiated with the owners to also
have a 3.0% increase per year.

Recommendation:
Approve Renewal of Lease at 30 Liberty Street, pending approval as to form by the County Attorney’s office.

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Lease Agreement
30 Liberty Street, Winona MN
THIS LEASE is made and executed by and between Andrew D. Loos and Amy S. Loos, 1335
Grandview Ct, Minnesota City, MN 55959, hereinafter called the “Lessor”; and the County of
Winona, 202 West Third Street, Winona, MN 55987, hereinafter called the “Tenant.”
1.

PREMISES

1.1
Demise. Lessor does demise, lease and rent to Tenant and Tenant does hire, rent,
and take from Lessor the following "Leased Premises":
Parcel #323003140 including all access, grounds and buildings including approximately
5,000 square feet of inside floor space, located at 30 Liberty Street, Winona, Minnesota
hereinafter referred to as "Building" (see Exhibit A).
1.2
Condition of Premises. Parties agree that the leased premises are presently in
good repair and condition.
1.3
Tenant Inspection. Tenant will cause an inspection of the leased premises to
occur prior to occupancy. Tenant will make Lessor aware of any deficiencies sought to be rectified.
Tenant and Lessor will mutually agree on resolution of the deficiencies and monetary
responsibility. If an agreement is not reached the lease may be terminated without cause or
recourse.
1.4
Use of Premises. Tenant shall use and occupy the leased premises and grounds for
storage and all activities normally associated with conducting the practice of storage and for the
purpose of operating an Emergency Management, Dive, Search and Rescue Public Safety Unit.
No other use is authorized without the prior written consent of Lessor.
1.5
Common Areas. Tenant, its employees and invitees shall have full and
unimpaired access to the premise, and access to the adjacent parking facilities, sidewalks, and
delivery areas, all of which are sometimes referred to herein as the “appurtenances,” but always
subject to the reasonable and uniform rules established by Lessor. Lessor reserves the right to
restrict after discussion and mutual agreement of the Tenant, on a temporary basis, access to any
portions of the premise from time to time for the purpose of repairing or improving the same.
1.6
Hazardous Uses. Tenant will not conduct or permit to be conducted any activity
or place any equipment in or about the leased premises, which will in any way increase the rate of
fire insurance or other insurance on the building; and, if any increase in the rate of fire insurance
or other insurance is stated by any insurance company or by the applicable Insurance Rating
Bureau to be due to activity or equipment of Tenant in or about the leased premises, such statement
shall be conclusive evidence that such increase in such rate is due to such activity or equipment.
In such event, Lessor shall have the option, exercisable in its sole discretion, to terminate this
Lease or to require Tenant to pay to Lessor the increase in the rate of such insurance attributable
to such activity or equipment of Tenant and Tenant shall pay such amount to Lessor upon demand
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therefor.
1.7
Lessor's Rules and Regulations. Tenant, its officers, employees, agents, and
invitees, shall observe and comply with all reasonable rules and regulations governing the building
and the adjacent parking facilities as may be determined from time to time in writing by Lessor
for the general safety, comfort and convenience of the Tenant, other tenants, and the general public.
Any failure to observe any such rule or regulation shall constitute failure to perform a term of this
Lease and, consequently, a breach of this Lease.
2.

TERM

2.1
Term of Lease. The term of this Lease shall be for 2 year(s), commencing on
January 1, 2027 and continuing to December 31, 2028.
2.2
Holding Over. If Tenant does not vacate the leased premises at the end of the lease
term, or upon other termination of Tenant's right of possession, then Tenant's further possession
shall be wrongful and Tenant shall be subject to eviction at any time, pursuant to law. Tenant shall
be liable to pay Lessor as damages for wrongful holding over, an amount equal to two (2) times
the monthly installment of rent payable under this Lease, including any additional rent prorated
for such period of holding over. In no event shall holding over by Tenant imply any extensions of
this Lease.
2.3
Option to Renew. Tenant has first right to renew this Lease for a period of an
additional 5 years from the end of initial lease term, provided Tenant has abided by the agreements,
terms and conditions set forth in this Lease. Conditions of this renewal period will be negotiated
between the Lessor and Tenant at the time the option is exercised by the Tenant. Tenant shall give
Lessor written notice of its intent to renew at least ninety (90) days and not more than One Hundred
Eighty (180) days prior to expiration of initial lease term or Lease will terminate at end of initial
term.
3.

RENT/DEPOSITS

3.1
Base Rent. The Tenant shall pay monthly as "Base Rent" for the leased premises,
an amount equal to the following: First year Monthly Rent: $2,487.60.
3.2
Premises.

Utilities and Taxes: The Tenant shall pay all utilities and taxes for the Leased

3.3
Special Conditions / Annual Rent Increase: Each year following the first year
will have a 3% annual increase added to the consecutive year till the lease expires.
3.4
Security Deposit. The Lessee has previously paid a Security Deposit in the
amount of $5,000. Any damage or repairs needed at the end of the term due to the Tenant shall
be credited against the Security Deposit. Any reason for retaining a portion of the Security
Deposit shall be explained in writing when returning the funds to the Tenant. The funds shall
be sent to the Tenant within 45 days after the Tenant has ended with the Tenant vacating the
Premises along with their possessions.
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3.5
Date of Payment/Proration. Rent is due and payable in advance on the first day
of each and every calendar month during the term hereof. If the term of this Lease begins on a date
other than on the first day of a month, base rent from such date until the first day of the following
month shall be prorated at the rate of one-thirtieth (1/30th) of the fixed monthly base rent for each
day, payable in advance.
3.6
Place of Payment. The Tenant shall pay said base rent, together with all other
amounts due hereunder, to Lessor at the office of Lessor, or to such other party or to such other
address as Lessor may designate from time to time by written notice to Tenant.
4.

UTILITIES; SERVICES
4.1

Tenant’s Obligations. Tenant shall provide the following services:
4.1 a Landscaping maintenance, mowing and snow removal including providing

reasonable access to the building via a hard-packed driveway.
4.1 b General trash removal and the Tenant is responsible for any additional
charges due to the removal of large, bulky, or excess trash.
4.1 c

4.2

Tenant will pay for all utilities associated with the use of the property.

Lessor’s Obligations. Lessor shall provide the following services:

4.2 a Lessor will provide a heating system that can maintain an acceptable
temperature during such seasons of the year when such services are normally and usually
furnished in buildings in Minnesota.
4.2 b City water and sewage service for drinking, lavatory and toilet purposes
drawn through fixtures installed by or with permission of Lessor. Any additional water
service required by Tenant for purposes in addition to those described in the preceding
sentence shall be installed and paid for at Tenant's expense.
4.2 c Adequate electricity for lighting and general office purposes. Any additional
capacity required by Tenant shall be installed and paid for at Tenant's expense. Tenant
shall furnish and install all replacement lighting, tubes, lamps, bulbs, and ballasts as
required in the leased premises.

5.

MAINTENANCE AND REPAIRS

5.1
Lessor's Obligations. Lessor shall, at its expense, make all necessary structural
repairs to the Building and appurtenant facilities as well as all other repairs, replacements and
appropriate maintenance to the lease premises, the Building and appurtenant facilities, and the
surrounding grounds, in order to keep the same in good order and repair and where appropriate, in
a safe, neat, clean and sanitary condition, except for all repairs or maintenance measures required
herein to be made by Tenant. Without limiting the generality of the foregoing, Lessor shall repair
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and maintain all public hallways, stairways, glass, and all plumbing, heat, gas, and electricity to
the building. All repairs, alterations, improvements, or additions referred to in this section shall be
made with as little inconvenience to Tenant's business as reasonably possible and in such manner
as not to unreasonably interfere therewith.
5.2
Tenant's Obligations. Tenant agrees to notify Lessor of the necessity for any
repairs of which Tenant may have knowledge and for which Lessor may be responsible under the
provisions of the preceding paragraph. Tenant shall keep the leased premises neat, clean and in
sanitary condition, and in as good order and repair as of the time Tenant took possession of the
same, reasonable wear and tear and damage from fire or other casualty for which insurance
proceeds are available to Lessor and Tenant excepted. All damage or injury to the leased premises
and to its fixtures, appurtenances and equipment or to the Building, caused by (i) Tenant moving
property in or out of the building, or in or out of the leased premises, however caused, or (ii) by
installation or removal of furniture, fixtures or other property, however caused, or (iii) fire,
explosion, short circuits, flow or leakage of water, steam, gas, sewage or odors or by frost or by
bursting or leaking of pipes or plumbing works, or other cause if due to carelessness, omission,
neglect, improper conduct or other cause of Tenant, its servants, employees, agent, visitors, or
licenses, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense to
the satisfaction of Lessor. All aforesaid repairs, restorations, and replacements shall be in quality
and class equal to the original work or installations and shall be done in a good and worker-like
manner. If Tenant fails to promptly make such repairs, restorations, or replacements, the same may
be made by Lessor at the expense of Tenant. If the Lessor makes such repairs, Lessor will not be
responsible to the Tenant for any loss or damage that may accrue to Tenant's property or business
by reason of making the repairs and all sums so spent and expenses incurred by Lessor, less any
insurance proceeds received by Lessor, shall be collectible as additional rent and shall be paid by
Tenant within ten (10) days after delivery of a bill or statement therefor.
6.

LOSS OR DAMAGE

6.1
Tenant's Property. All property and improvements of Tenant in or about the
leased premises shall be kept, stored and/or maintained at the sole risk of Tenant without any
liability of Lessor for loss or damage thereto, including but not limited to loss from fire, explosion,
wind, rain, hail, water leakage, bursting of pipes or conduits, sprinklers, gas, electricity, or
structural failure, unless any loss or damage is due to negligence on the part of the Lessor. The Lessor
shall not be liable to Tenant for any interruption of business conducted by Tenant unless the
interruption is caused by the Lessor. The Tenant reserves the right to recover costs due to the
Lessor’s negligence.
6.2
Casualty; Termination of Lease. If the Building is damaged or destroyed by fire
or other casualty and the Lessor, by notice given to Tenant not later than one hundred eighty (180)
days after such damage or destruction, elects not to restore the Building, then this Lease shall cease
and terminate, and any rents and all additional payments due hereunder shall be apportioned, as of
the date of such damage or destruction, and Tenant shall vacate the leased premises and surrender
the same to Lessor on or before thirty (30) days after the giving of such notice.
6.3
Casualty; Restoration of Building. If a portion of the leased premises is damaged
by a fire or other casualty and Lessor does elect to restore the Building, then this Lease shall not
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terminate and Lessor shall, at its expense, restore the leased premises, exclusive of any
improvements or other changes made to the leased premises by the Tenant, to as near the condition
which existed immediately prior to such damage or destruction as reasonably possible.
6.4
Casualty; Abatement of Rent. Base rent shall abate during such period of time
as the leased premises are rendered untenantable by any such casualty, in the proportion that the
untenantable portion of the leased premises bears to the entire leased premises.
7.

ALTERATIONS

7.1
Alterations by Tenant: The Tenant may make the following modifications to the
building prior to Tenant occupying the building.
7.1a None.
No Tenant improvement will cause the Lessor any obligation to ready the space for said
improvement.
7.2
Upon Vacancy. During the last ninety (90) days of the term of this Lease, if during
or prior to that time Tenant vacates the leased premises, Lessor shall have the right to decorate,
remodel, repair, alter or otherwise prepare the leased premises for occupancy.
7.3

Alterations by Lessor. None

7.4
Consent Required. Tenant will not make any additions or major improvements to
the leased premises without first obtaining the prior written consent of Lessor as to the character
of such alterations, additions or improvements and the manner of doing the work, which consent
may, except as to interior decorating, be withheld. If any such alterations, decoration, addition or
improvement is made without the prior written consent of Lessor, Lessor may correct or remove
the same and the Tenant shall be liable for any and all expenses incurred by Lessor in the
performance of this work. Tenant shall obtain, at its own cost, all necessary permits, and licenses.
7.5
Consent Not Required. Tenant may drive nails, screws or use other fastening
devices necessary to hold customary wall hangings. Tenant may also install telephone and
computer cabling in any leased walls.
8.

INDEMNIFICATION

8.1
Tenant to Indemnify. Tenant agrees to hold Lessor harmless and to assume full
liability for any loss or damage whatsoever to any person or property occurring on or in said
premises and arising out of, by reason of, or during Tenant's use, possession, and occupancy of the
premises, except such loss or damage to persons other than Lessee caused by negligence or
intentional acts of Lessor or of third persons subject to the limits set forth in Minn. Stat. Ch. 466.
The Lessor will defend, indemnify, and hold the Tenant harmless for any loss or damage
whatsoever to any person or property occurring on or in said premises caused by the negligence or
intentional acts of Lessor. The indemnification by Lessor includes Tenant property and
improvements at the leased premises.
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9.

INSURANCE

9.1
Liability Coverage. Tenant shall, at its expense, obtain and keep in force during
the Term of this Lease, including any renewal term, general liability coverage with the Minnesota
Counties Intergovernmental Trust (MCIT) in the amount of $500,000 per claimant, $1.5 million
per occurrence covering bodily injury to one or more persons and property damage with
deductibles in an amount reasonably satisfactory to Lessor. The policy shall name Lessor as an
additional insured and any Mortgagee (as defined in Section 16) and shall cover the area leased by
the Tenant.
9.2
Certificates. Tenant shall deliver to Lessor certificates of insurance, making
specific reference to the Building and the Premises, evidencing the existence and amounts of the
policy of insurance required pursuant to this agreement. No such coverage shall be nonrenewable,
cancelable, or subject to material reduction of coverage or other material modification except after
thirty (30) days' prior written notice to Lessor. Tenant shall, at least thirty (30) days prior to the
expiration of such coverage furnish Lessor with renewals or "binders" thereof. Any failure of
Tenant to obtain, maintain, or provide copies or certificates of any insurance required hereunder
shall constitute a material and continuing breach of this Lease.
9.3
Property Coverage. Tenant shall maintain in effect, property insurance covering
the full insurable value of all improvements, additions or alterations to the Premises made without
Lessor's written consent, and all of Tenant's machinery, equipment, furniture, fixtures, and
personal property. Such policies of insurance shall provide protection for Tenant against all
casualties included under standard insurance industry practices within the classification of "Fire
and Extended Coverage". The proceeds from said insurance shall be used to repair or reconstruct
such insured property.
10.

LESSOR'S RIGHT OF ENTRY

10.1 For Inspection. Lessor and Lessor's agents and representatives shall have the right
to enter into or upon the leased premises, or any part thereof at all reasonable hours for the purpose
of examining the same. Lessor must be accompanied by Tenant for inspections and if possible,
give Tenant advanced notice.
10.2 To Show. Upon twenty-four (24) hours’ notice to the Tenant, Lessor or Lessor's
agents shall have the right to show the leased premises to persons wishing to purchase or lease the
same. During the ninety (90) day period prior to the expiration of the term of this Lease, or any
renewal thereof, Lessor or Lessor's agents shall have the right to place the usual "to let" notice on
the leased premises, and Tenant agrees to permit same to remain thereon without hindrance. The
Lessor must be accompanied by Tenant during showings.
10.3 For repairs. Lessor and Lessor's agents shall have the right to enter the leased
premises at all times upon reasonable notice, except in emergencies, and then without notice, to
make such alterations, improvements, repairs or additions to pipes, ducts and conduits or other
machinery or equipment of Lessor, or make such other alterations, improvements, repairs or
additions as Lessor may deem necessary or desirable, and to take all material into and upon the
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leased premises as may be required of any such purposes without the same constituting an eviction
of Tenant in whole or in part, provided the Lessor repairs and refinishes the affected areas and
provided that Tenant's usable space is not unreasonably diminished and Tenant's use and
enjoyment of the leased premises is not unreasonably interfered with.
10.4
11.

Pass Keys. Lessor shall have the right to have pass keys to the leased premises.

TERMINATION

11.1 Expiration of Term. Unless otherwise renewed, extended, or terminated prior to
the Lease term, this Lease shall terminate immediately after December 31st, 2028.
11.2 Condition of Premises. On the last day of the term of this Lease or on the sooner
termination thereof, Tenant shall peaceably surrender the Leased Premises broom-clean and in as
good condition as when received, except for reasonable wear and tear and except for damage which
Lessor is obligated to repair.
12.

NOTIFICATION

12.1 Whenever notice is required by the terms hereof, it shall be in writing and delivered
by hand or by certified or registered mail addressed to Lessor: Andy and Amy Loos, 1335
Grandview Ct, Minnesota City MN 55959 and to Tenant: Winona County, Attention Maureen
Holte, County Administrator, 202 West 3rd Street, Winona Minnesota 55987. If notice is given
by mail, it shall be effective two (2) days after mailing.
13.

MISCELLANEOUS

13.1 Minnesota Data Practices Act, Chapter 13. Lessor understands that Tenant is a
Governmental entity as defined under the Minnesota Data Practices Act, Chapter 13. Data
protected under that act may be stored, used, or maintained at the location of this lease agreement.
Lessor agrees that, in performing the functions of this agreement, it is subject to the requirements
of Chapter 13 and Lessor must comply with those requirements as if it were a government entity.
13.2

Smoking Policy. Smoking is not allowed on or in the premises.

13.3 Language. The words Lessor and Tenant as used herein include the plural as well
as the singular; the language in this Lessor intends no regard for gender.
The remainder of this page is intentionally blank.

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IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated
below.
LESSOR

TENANT

BY:

BY:
Andew D. Loos and Amy S. Loos

Date of Signature:

Chris M. Meyer
Winona County Board Chair
Date of Signature:
BY:
Maureen L. Holte
County Administrator
Date of Signature:

Approved as to form on:

Approved as to execution on:

Assistant/Winona County Attorney

Assistant/Winona County Attorney

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EXHIBIT A

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REQUEST FOR COUNTY BOARD ACTION
Items must be received in the Administrator’s Office by Monday at 12:00 Noon, 15 days
prior to the scheduled meeting to be considered.

Item# 7.5
Meeting Date:
Department:
Title:

Consent Business

10/27/2026
Maintenance
Approve Contract with LRS of Minnesota, LLC for Solid Waste Collection at
County Facilities

======================================================================
Background:
The current solid waste contractor at county facilities is Harter’s Quick Clean-Up, Inc. They had an initial three-year
contract, plus a three-year extension, which ends November 30, 2026.

Summary of the Issue:
Quotes as follows were received on September 30, 2026, based on the defined scope as indicated in Attachment A of
the proposed contract. Prices below do not include state solid waste tax and county surcharge.
LRS
Harter’s

$1,252.28 per month, plus $35 “per pull” (emptying on call as needed) at the sheriff’s gun range
$1,855.00 per month, plus $50 “per pull” (emptying on call as needed) at the sheriff’s gun range

This will approve a 37-month contract, from December 1, 2026 through December 31, 2029, for collection of garbage
and mixed recycling solid waste at county building facilities, and at Farmers Park. The 37-month duration aligns the
end of the new contract with the end of the calendar year.

Funding:
Costs are allocated to the respective facilities budgets under object code 6258.
Rates are flat for the duration of the contract.

Recommendation:
Approve Contract with LRS of Minnesota, LLC for Solid Waste Collection at County Facilities, pending approval as
to form by the County Attorney’s office.

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Contract for Professional Services
Collection, Transportation and Disposal of Solid Waste
From Winona County Facilities
This contract is between Winona County, 202 West Third Street, Winona, Minnesota 55987 ("County'')
and LRS of Minnesota, LLC, 4245 Highway 14 E, Rochester MN 55904 ("Contractor'').
WHEREAS, Winona County desires to enter into a contract for the collection, transportation, and
disposal of refuse and recyclables from its campus facilities; and
WHEREAS, Contractor has indicated a desire to enter into a contract to provide such services and has
submitted a bid to do so;
NOW, THEREFORE, in consideration of the mutual undertakings and agreements herein set forth,
COUNTY and CONTRACTOR agree as follows:
1. Term. This Contract will commence on December 1, 2026 and will terminate on December 31,
2029. The parties may agree to extend this Contract by mutual written agreement.
2. Services to be Provided ("Services")
a. Materials Collected. Contractor shall be the exclusive provider of solid waste collection
services at Winona County facilities, and shall collect and dispose of all refuse and
recycling from all facilities as described in Attachment A.
b. Collection Operations. Contractor shall furnish all labor and equipment to collect both
refuse and recycling at the locations and frequency described in Attachment A. In the
even collection falls on a federal holiday, collection will move to the next business day.
c. Changes to Services. Contractor will make any changes the County may request to
container size, location, and frequency of collection.
3. Cost and Payment.
a. Cost. Costs shall be as described in Attachment A, which may be amended by mutual
written agreement due to changes in services.
b. Billing. Contractor shall submit monthly billing invoices documenting services provided
that are due and payable. County shall notify Contractor within ten (10) days of receipt
of any invoice errors.
c. Payment. Pursuant to Minn. Stat.§ 471.25, County will issue payment within thirty-five
(35) days of receipt by County of invoices documenting services provided by
Contractor.
4. Independent Status. Nothing in this contract is intended or should be construed as creating an
employer-employee relationship between County and Contractor staff assigned to perform
Services.
5. Assignability and Subcontractors. Contractor shall not enter into any subcontract for
performance of any services contemplated tinder this Contract without the prior written
approval of the County and subject to such conditions and provisions as the County may deem
necessary. The Contractor shall be responsible for the performance of all subcontractors. If a

1

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subcontractor is engaged, Contractor shall comply with Minn. Stat.§ 471.25, subd. 4a, in
payment of subcontractors within ten (10) days of receipt of payment from County.
6. Liability. Each party will be responsible for its own acts and behavior and the results thereof.
7. Indemnification. Except as may be caused by the sole negligence of County or its employees,
Contractor shall defend, indemnify, and hold harmless County, its employees, and its agents
from all claims, actions, demands, and judgments of any kind arising in whole or in part1
including attorney fees, from any act or omission of Contractor, its subcontractors, and their
agents, servants, or employees, incidental to the performance of the contract and from all
expenses in connection with such claims, actions, demands and judgments, and shall assume,
without expense to County, the defense of any such claims, actions, demands and judgments,
irrespective of whether it is alleged, claimed, or proved in connection with such act or omission
that negligence of County or its representatives caused or contributed thereto.
8. Insurance. Contractor shall not commence work under this contract until evidence of required
insurance policies has been provided to County. Contract shall maintain such insurance in force
and effect throughout the term of the contract.
a. General Liability. Coverage shall have minimum limits of $1,500,000 per occurrence and
$3,000,000 general aggregate, and the policy shall be written on an occurrence basis.
County shall be included as an additional insured.
b. Auto Liability. Coverage shall have minimum limits of $1,500.000 combined single limit,
and the policy shall be written on an occurrence basis. County shall be included as an
additional insured.
c.

Worker's Compensation. Insurance covering all employees meeting statutory limits in
compliance with the applicable state and federal laws. The coverage must include
Employer's Liability with limits of at least $500,000 for each employee and $1,500,000
for each accident.

9. Data Practices. All data collected, created, received, maintained, or disseminated for any
purpose by the activities of Contractor because of this contract is governed by the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13, as amended, the Minnesota
Rules implementing such act now in force or as adopted, a well as federal regulations on data
privacy.
10. Access to Records. Pursuant to Minn. Stat.§ 16C.05, subd. 5, the Contractor agrees that the
County, the State Auditor, or any of their duly authorized representatives at any time during
normal business hours and as often as they may reasonable deem necessary, shall have access
to and the right to examine, audit, excerpt, and transcribe any books, documents, papers,
records, etc., which are pertinent to the accounting practices and procedures of the Contractor
and involve transactions relating to this contract. Contractor agrees to maintain these records
for a period of six years from the date of termination of this contract.
11. Nondiscrimination. Contractor agrees that during the performance of this contract no person
shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance
status, criminal record, creed, sexual orientation or national origin be excluded from full
employment rights in, participation in, be denied the benefits of or be otherwise subjected to
discrimination tinder any and all applicable federal and state laws against discrimination.

2

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12. Termination. Notwithstanding the foregoing, this contract may be terminated as follows:
a. By mutual agreement between Contractor and County.
b. By County after thirty (30) days' prior notice and opportunity to cure, if Contractor fails
to meet any term of this contract.
13. Notice. Any notice, demand, designation, consent, permission given or required to be given
under this contract shall be in writing and shall be personally delivered to the persons listed
below or sent by U.S. certified or registered mail, return receipt requested, postage and
registration or certification prepaid, or by Express Mail or similar private delivery service to the
following:
To County:

Winona County
202 W Third Street
Winona MN 55987
Attn: Maureen L. Holte, Winona County Administrator

To Contractor: LRS of Minnesota, LLC
4245 Highway 14 E
Rochester MN 55904
a. Electronic Service. Either party may accept notice via electronic mail (email) or other
electronic transfer by acknowledging such acceptance in writing through email or other
written means.
14. Governing Law. This contract shall be governed by applicable laws of the State of Minnesota,
and any litigation shall be venued in a court of competent jurisdiction in Winona County District
Court or Federal Court in the State of Minnesota.
15. Completeness and Survival. This contract constitutes the entire agreement between the
parties. The contract supersedes and cancels and cancels all previous understandings,
negotiations, representations, and agreements between the parties with respect to the
subject thereof, whether oral or written. If one or more provisions of the Contract are held
invalid, illegal, or unenforceable in any respect, the validity and enforceability of the remaining
provisions shall not be in any way affected or impaired thereby. The terms of Sections 3, 9, 10,
and 14 of this contract shall survive the termination or expiration of this contract.

IN WITNESS WHEREOF, the parties have caused this contract to be executed on the dates indicated
below with their signatures:

COUNTY OF WINONA

LRS of Minnesota, LLC

Chris Meyer, Chair
Winona County Board of Commissioners

Authorized Representative

Dated: ________________________

Dated: ________________________

3

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ATTEST:

___________________________
Maureen L. Holte
Winona County Administrator

Dated: ___________________

Approved as to form on:

Approval as to execution on:

________________________

________________________

________________________
Assistant/Winona County Attorney

________________________
Assistant/Winona County Attorney

4

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ATTACHMENT A
Column C

Column D

Column E

Column F

Column G

Column H

Column I

Column J

Column K

Column L

Column M

Column N

Column O

Column P

Column Q

Scope of Services Worksheet (Single-sort Recycling)
Garbage (subject to state & local solid waste fees)

Location
Law Enforcement Center
County Office Bldg
Environmental Services
Highway Dept.
Goodview
Elba
Utica
Nodine
Sheriff's Gun Range
Farmers park Seasonal (May - Oct.)

Recycling (not subject to state and local solid waste fees)

Frequency of
Pick-up

Capacity (Yds/ wk)

6 yd

3x/wk

18

$0.00

4 yd

2x/wk

8

$0.00

2 yd

2x/wk

4

$0.00

5300 Hwy 61 W Winona, MN 55987
2 yd
1215 N. Main St Elba, MN 55910
64 gal
16193 CR 18 Utica Utica, MN 55952
2 yd
42162 CR 12 Dakota, MN 55925
2 yd
23820 Stone Point Road Winona, MN 55987 2 yd
23011 CR 120 Winona, MN 55987
4 yd

1x/wk

2

$0.00

201 3rd St. W Winona, MN 55987
202 W 3rd St. Winona, MN 55987
225 W 2nd St. Winona, MN 55987

Base Charge
per Pull

Rent per
month
charge

Container Size

Address

1x/wk

Total Cost of
Frequency of
Garbage PER Container Size
Pick-up
MONTH

Capacity
(Yds/ wk)

$366.15
$192.30
$120.00

6 yd
4 yd

1x/wk
1/wk

6
4

$65.38
$17.69
$38.46
$38.46
$8.00
$103.84

2 yd

1x/wk

2

$0.00

1x/eow

1

1x/eow

1

on call; provide cost per pull
1x/wk

Other
Charges
__(Name)__

4

$0.00
$0.00
$

35.00

$8
$0

Total Monthly Cost

$950.28

Background notes for completion of worksheet
1. Eow means every other week
2. Use columns G & H, and N & O, to detail any and all charges that respondents propose to add to the base charge listed in Column F and M, over the term of the contract.
3. Add additional columns to worksheet as needed - after columns H & O - so that current columns I and P caputure ALL potential charges for servicing the location listed.
4. Over the 3-year term covered in this quote, the County will not pay for any charges not specifically detailed in this worksheet, nor will it pay for any price escalations.
5. Do not incorporate the 17% state SW tax, 13% county surcharge or state sales tax into worksheet, as these costs are standard across all quotes.
6. County reserves the right, over term of quote, to add or subtract service locations, and adjust frequency of pickup and container size or type as desired, at the rates quoted herein.
7. County assumes that pickup costs are directly proportionate to frequency of pulls. This means that reducing pickup of a container from 3x/wk to 2x/wk will reduce cost of service by 1/3.
If this assumption is not accurate, please explain and provide alternative pricing schedule.
8. County recognizes that the cost of servicing similarly-sized containers can vary, based on geographic location.
9. This worksheet assumes that all of the recycling containers listed above will be used for collecting both fiber and container streams.

County Board Agenda Packet, Page 88

Base Charge
per Pull

Other
Charges
__(Name)__

Other
Charges
__(Name)__

Total Cost per
Location per
month (Column I
Total Cost of
+ Column P)
Recycling

$130.00
$104.00
$0.00
$0.00
$68.00
$0.00
$0.00
$0.00
$0.00
$0.00

$496.15
$296.30
$120.00
$0.00
$133.38
$17.69
$38.46
$38.46
$8.00
$103.84

$302.00 $ 1,252.28

Page 89 of 123

REQUEST FOR COUNTY BOARD ACTION
Items must be received in the Administrator’s Office by Monday at 12:00 Noon, 15 days
prior to the scheduled meeting to be considered.

Item# 7.6
Meeting Date:
Department:
Title:

Consent Business

10/27/2026
Planning and Env. Services
Approve Renewal of OpenGov Permitting Software

======================================================================
Background:
Winona County contracted with OpenGov for budgeting management and permitting software in 2022. This
agreement is up for renewal. The budget management portion of the agreement is being discontinued along with
portions of Environmental Services service areas for savings of approximately $90,000. Planning and Environmental
Services wish to continue with those areas that support our permitting and property records system.

Summary of the Issue:
The Planning & Environmental Services Department has negotiated a three-year agreement at an annual cost of
$28,708 with no annual escalators.

Funding:
$28,708 for the next three years to be paid out of the Information Technology Department's software budget.

Recommendation:
Approve Renewal of OpenGov Permitting Software, pending approval as to form by the County Attorney’s office.

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OpenGov Inc.
660 3rd Street, Suite 100
San Francisco, CA 94107
United States
Order Form Number:

Q-20121

Prepared By:

Danny Rodriguez

Created On:

08/31/2026

Email:

[email protected]

Order Form Expiration:

12/31/2026

Contract Term:

36 Months

Subscription Start Date:

01/01/2027

Subscription End Date:

12/31/2029

Customer Information:
Customer:

County of Winona, MN

Contact Name:

Ross Dunsmoor

Bill To/Ship To:

177 Main St County
Government Center
Winona, Minnesota

Email:

[email protected]

Phone:

507-457-6462

55910
United States
Order Details:
Billing Frequency:

Prepaid

Payment Terms:

Net 30 Days

SOFTWARE SERVICES:
Product Name

Start Date

End Date

Annual Fee

Accounting & Finance Export

01/01/2027

12/31/2027

$2,819.68

Autofill Interface

01/01/2027

12/31/2027

$1,408.83

Esri ArcGIS Integration

01/01/2027

12/31/2027

$1,409.83

Master Address Table or Assessor
System Integration

01/01/2027

12/31/2027

$2,819.68

Permitting and Licensing - Planning &
Zoning

01/01/2027

12/31/2027

$20,250.22

Accounting & Finance Export

01/01/2028

12/31/2028

$2,819.68

Autofill Interface

01/01/2028

12/31/2028

$1,408.83

Esri ArcGIS Integration

01/01/2028

12/31/2028

$1,409.83

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Master Address Table or Assessor
System Integration

01/01/2028

12/31/2028

$2,819.68

Permitting and Licensing - Planning &
Zoning

01/01/2028

12/31/2028

$20,250.22

Accounting & Finance Export

01/01/2029

12/31/2029

$2,819.68

Autofill Interface

01/01/2029

12/31/2029

$1,408.83

Esri ArcGIS Integration

01/01/2029

12/31/2029

$1,409.83

Master Address Table or Assessor
System Integration

01/01/2029

12/31/2029

$2,819.68

Permitting and Licensing - Planning &
Zoning

01/01/2029

12/31/2029

$20,250.22

Customer Billing/Service Periods:
Period:

Total:

01/01/2027

$28,708.24

01/01/2028

$28,708.24

01/01/2029

$28,708.24

Order Form Legal Terms:
This Order Form incorporates the OpenGov Master Services Agreement ("MSA") attached here or available at
https://opengov.com/terms-of-service/master-services-agreement/. The "Agreement" between OpenGov and the
entity identified above ("Customer") consists of the Order Form, MSA, and, if Professional Services are purchased,
the Statement of Work. Unless otherwise specified above, fees for the Software Services and Professional Services
shall be due and payable, in advance, 30 days from receipt of the invoice. By signing this Agreement, Customer
acknowledges that it has been reviewed, and agrees to be legally bound by the Agreement. Each party’s acceptance
of this Agreement is conditional upon the other’s acceptance of the Agreement to the exclusion of all other terms.
County of Winona, MN:

OpenGov, Inc.

Signature:
____________________________
Name:
____________________________
Title:
____________________________
Date:
____________________________

Signature:
____________________________
Name:
____________________________
Title:
____________________________
Date:
____________________________

County Board Agenda Packet, Page 91

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County Board Agenda Packet, Page 92

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OpenGov Master
Services Agreement
Last Modified: 5/5/2025

View Terms of Service
The parties to this Master Services Agreement (this “Agreement”) are OpenGov, Inc., a
Delaware corporation (“OpenGov”), and the party procuring OpenGov’s products and services
(“Customer”). Each Customer will execute an Order Form, which becomes binding when the
parties sign it (the “Effective Date”) and sets forth the terms and conditions under which
OpenGov will provide its products and services to Customer.

1.Definitions
1.1.
“Customer Data” means the data that is provided by Customer to OpenGov pursuant to this
Agreement (for example, by email or through Customer’s software systems of record), including
any data transmitted through the Software Services.
1.2.
“Documentation” means any written, electronic, or online materials produced by OpenGov, and
made available to Customer in connection with the Software Services, including user guides,
training materials, FAQs, and technical support content, but excluding Product Documentation.
1.3.
“Intellectual Property Rights” means all past, present, and future intellectual property rights
including those associated with works of authorship, copyrights, moral rights, trademarks, trade
names, trade secrets, patent rights, and any other proprietary rights in intellectual property of
every kind and nature.
1.4.
“Order Form” means the document(s) separately executed by the parties or attached as an
exhibit, that specifies the Software Services and the Professional Services that OpenGov will
provide to Customer. All such Order Form(s) are incorporated into this Agreement by reference.
1.5.
“Product Documentation” means the technical specifications that describe the features,
functionality, configuration, and intended operation of the Software Services located at
https://opengov.my.site.com/support/s/agreement-product-documentation, which is incorporated
into this Agreement by reference.
1.6.
“Professional Services” means the implementation, configuration, training, consulting, or other
professional services provided by OpenGov or its authorized partners, and identified in the
applicable Statement of Work.
1.7.

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“Software Services” means the commercial-off-the-shelf software products and services
provided by OpenGov and identified in the applicable Order Form.
1.8.
“Statement of Work” or “SOW” means the document(s) separately executed by the parties or
attached as an exhibit to this Agreement or any applicable Order Form, that specifies the
Professional Services that OpenGov will provide to Customer. All such SOW(s) are incorporated
into this Agreement by reference.

2.Software Services and Professional Services
2.1.
Software Services.
2.1.1.
Subject to the terms and conditions of this Agreement, OpenGov will use commercially
reasonable efforts to provide the Software Services.
2.1.2.
Support and Service Levels. Customer support is available by email to [email protected] or
by using the chat messaging functionality of the Software Services. Customer may report issues
any time; however, OpenGov will address issues during business hours. OpenGov will provide
the applicable level of support in accordance with the Support and Software Service Levels
located at https://opengov.com/service-sla, which is incorporated into this Agreement by
reference.
2.2.
Professional Services.
2.2.1.
Subject to the terms and conditions of this Agreement, OpenGov will use commercially
reasonable efforts to provide the Professional Services, if applicable. Unless otherwise specified
in the SOW, any pre-paid Professional Services must be utilized within one year from the
Effective Date.
2.2.2.
Travel Expenses for Professional Services. Travel expenses, if any, will be set forth in the
applicable Order Form or SOW. Any additional travel expenses shall be subject to Customer’s
prior written approval and will be reimbursable by Customer.

3.Restrictions and Responsibilities
3.1.
Restrictions. Customer may not use the Software Services in any manner or for any purpose
other than as expressly permitted by the Agreement. In addition, Customer shall not, and shall
not knowingly or negligently, permit or enable any third party to: (a) use or access any of the
Software Services to build a competitive product or service; (b) modify, disassemble, decompile,
reverse engineer or otherwise make any derivative use of the Software Services (except to the
extent applicable laws specifically prohibit such restriction); (c) sell, license, rent, lease, assign,
distribute, display, host, disclose, outsource, copy or otherwise commercially exploit the
Software Services; (d) perform or disclose any benchmarking or performance testing of the
Software Services, including but not limited to load testing or stress testing; (e) remove any

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proprietary notices included with the Software Services; (f) use the Software Services in
violation of applicable law; or (g) transfer any personal, sensitive, or personally identifiable
information to OpenGov in a manner that violates Customer’s obligations under the Data
Processing Addendum.
3.2.
Responsibilities. Customer shall be responsible for obtaining and maintaining computers, thirdparty software systems of record, and application programming interfaces needed to connect to,
access, or otherwise use the Software Services. Customer shall also be responsible for: (a)
ensuring that such equipment is compatible with the Software Services, (b) maintaining the
security of such equipment, user accounts, passwords and files, in accordance with industry
standards, and (c) all uses of Customer user accounts by any party other than OpenGov.
OpenGov is not responsible for the operation, support, or security of any third-party software,
systems, or services not provided by OpenGov.
3.3.
Data Processing Addendum. To the extent OpenGov processes any Customer Data that contains
personal information, personally identifiable information, or sensitive personal information on
behalf of Customer in the course of providing the Software Services and Professional Services
under this Agreement, the parties agree to comply with the terms of the Data Processing
Addendum, located at https://opengov.com/terms-of-service/data-processing-addendum/, which
is incorporated into this Agreement by reference.

4.Intellectual Property Rights; License Grants;
Access to Customer Data
4.1.
OpenGov’s Intellectual Property Rights. OpenGov exclusively owns and retains all right, title,
and interest to the Software Services, Professional Services, Documentation, and Product
Documentation, including all Intellectual Property Rights therein. This includes, without
limitation, all underlying technology, software, user interfaces, visual design elements (such as
the “look and feel”), custom fonts, graphics, workflows, button icons, and any derivative works
(e.g., enhancements, modifications, or corrections), including but not limited to those that are
created in connection with or through the use of the Software Services, Professional Services,
Documentation, or Product Documentation. Customer may not reproduce, modify, distribute, or
create derivative works based on any part of the Software Services, in whole or in part, without
OpenGov’s prior written consent.
4.2.
License Grant to Customer. OpenGov grants Customer a non-exclusive, nontransferable, nonsublicensable, royalty-free license to use the Software Services, Documentation, and Product
Documentation during the Term for its internal use and the purpose as described in this
Agreement. No additional rights or licenses shall be deemed granted.
4.3.
Customer’s Intellectual Property Rights. Customer retains all right, title, and interest, including
all Intellectual Property Rights, in and to Customer Data. Customer grants OpenGov and its
authorized partners (such as cloud hosting providers) a non-exclusive, royalty-free license to
access, use, store, edit, reformat and otherwise process Customer Data for the purpose of
providing, maintaining, developing, and improving OpenGov’s products and services.

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4.4.
Aggregated and Anonymized Data. Customer agrees that OpenGov and its authorized partners
may use aggregated and anonymized data derived from Customer Data to provide, maintain,
develop, and improve OpenGov’s products and services, to provide general customer service
support and improvements, and to perform data and usage analytics. Any insights, developments,
or improvements arising from such aggregated, anonymized data shall be owned by OpenGov.
4.5.
Access to Customer Data. Customer may download Customer Data from the Software Services
at any time during the Term, excluding during routine software maintenance periods. For a
period of 30 days after expiration of the Term, Customer may request that OpenGov complete a
one-time transfer of Customer Data in a format customarily used in the industry at OpenGov’s
then-current hourly rate.
4.6.
Deletion of Customer Data. Unless otherwise requested pursuant to this Section 4.6, upon the
termination of this Agreement, Customer Data shall be deleted pursuant to OpenGov’s standard
data deletion and retention practices, which is to delete Customer Data 45 days after termination
or expiration of the Agreement. Upon written request, Customer may request deletion of
Customer Data prior to the date of termination of this Agreement, in accordance with the notice
requirements set forth in Section 10.2.
4.7.
Feedback. “Feedback” means any suggestions, comments, ideas, recommendations, usage, or
other input provided by Customer to OpenGov regarding the services. Customer grants OpenGov
a non-exclusive, royalty-free, irrevocable, perpetual, worldwide license to use such Feedback in
the Software Services, Professional Services, Documentation and Product Documentation.
OpenGov will exclusively own all right, title, and interest, including all Intellectual Property
Rights, in and to any improvements, modifications, or derivative works to the Software Services,
Professional Services, Documentation or Product Documentation that are based on or derived
from such Feedback.

5.Confidentiality
5.1.
“Confidential Information” means all confidential business, technical, and financial information
of the disclosing party that is marked as “Confidential” or an equivalent designation or that
should reasonably be understood to be confidential given the nature of the information and/or the
circumstances surrounding the disclosure. OpenGov’s Confidential Information includes,
without limitation, the software underlying the Software Services, Documentation, and Product
Documentation.
5.2.
Confidential Information does not include information that: (a) was publicly known or becomes
publicly known through no breach of this Agreement by the receiving party; (b) is required to be
disclosed upon request under any applicable federal, state, or local public records laws; (c)
Customer expressly directs OpenGov make publicly available; (d) was lawfully known to the
receiving party without restriction on disclosure before receipt from the disclosing party; (e) is
disclosed to the receiving party by a third party who has the right to make such disclosure

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without restriction; or (f) is independently developed by the receiving party without access to the
disclosing party’s Confidential Information.
5.3.
Each party agrees to use the other’s Confidential Information only in connection with this
Agreement. Each party further agrees to protect the other party’s Confidential Information using
the measures that it employs with respect to its own Confidential Information of a similar nature,
but in no event with less than reasonable care. If a party is required to disclose Confidential
Information by law, subpoena, or court order, it must, to the extent legally permitted, promptly
notify the other party in writing prior to the disclosure to give the other party an opportunity to
oppose or limit the disclosure.

6.Term and Termination
6.1.
Agreement Term. This Agreement begins on the Effective Date and will remain in effect until
the termination or expiration of all active Order Forms entered into under this Agreement
(“Term”), unless earlier terminated pursuant to this Section 6.
6.2.
Renewal. Each Order Form shall automatically renew for additional terms equal in duration to its
initial term (each, a “Renewal Term”), unless either party provides written notice of non-renewal
at least 30 days prior to the expiration of the then-current term.
6.3.
Termination for Cause. If either party materially breaches this Agreement and fails to cure such
breach within 30 days after receiving written notice by the non-breaching party, the nonbreaching party may terminate this Agreement.
6.4.
Termination for Non-Appropriation. If required by applicable law, Customer may terminate this
Agreement if it does not appropriate funds for a future fiscal year. In order to terminate for nonappropriation, Customer must provide at least 30 days’ prior written notice, provided it is after
the first full year of the Agreement. Obligations to pay fees are non-cancelable, and payments are
non-refundable. This section may not be used as a substitute for termination for convenience.
6.5.
Effect of Termination. Upon termination of this Agreement pursuant to Section 6: (a) Customer
shall pay in full for all of the Software Services and Professional Services for the then-current
annual term; (b) OpenGov shall stop providing the Software Services and the Professional
Services to Customer; and (c) with the exception of Customer Data, the return and deletion of
which are addressed in Section 4, each party shall, upon request of the other party, return or
delete any of the other party’s Confidential Information.

7.Payment of Fees
7.1.
Fees; Invoicing; Payment; Expenses.
7.1.1.
Fees. Fees for the Software Services and Professional Services are set forth in the applicable
Order Form, and OpenGov will invoice Customer accordingly. Customer agrees to pay invoices

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within 30 days of receipt. Invoices are deemed received when OpenGov emails them to
Customer’s designated billing contact. Obligations to pay fees are non-cancelable, and payments
are non-refundable, except as expressly provided in Sections 8.1.2 and 8.1.3.
7.1.2.
Annual Software Price Adjustment. OpenGov shall increase the fees for the Software Services
during any Renewal Term by 5% each year or as otherwise agreed upon in the applicable
renewal Order Form.
7.1.3.
Travel Expenses. OpenGov will invoice Customer for travel expenses provided in the SOW or
Order Form as they are incurred. Customer shall pay all such valid invoices within 30 days of
receipt of invoice. Receipts shall be provided for the travel expenses listed on the invoice.
7.2.
Consequences of Non-Payment. If Customer fails to make any payments required under any
Order Form or SOW, then in addition to any other rights OpenGov may have under this
Agreement or applicable law: (a) Customer will owe a late interest penalty of the maximum rate
permitted by law; and (b) if Customer’s account remains delinquent (with respect to payment of
an undisputed invoice) for 10 days after receipt of a delinquency notice from OpenGov, which
may be provided via email to Customer’s designated billing contact, OpenGov may temporarily
suspend Customer’s access to the Software Service for up to 90 days to pursue good faith
negotiations before pursuing termination in accordance with Section 6.3. Customer will continue
to incur and owe all applicable fees irrespective of any such service suspension based on such
Customer’s delinquency.
7.3.
Taxes. Each party is responsible for the tax effects this Agreement imposes upon it. If Customer
is tax-exempt, it will provide OpenGov its tax exemption certificate.

8.Representations and Warranties; Disclaimer
8.1.
By OpenGov.
8.1.1.
General Warranty. OpenGov represents and warrants that it has all right and authority necessary
to enter into and perform this Agreement.
8.1.2.
Professional Services Warranty. OpenGov further represents and warrants that the Professional
Services, if any, will be performed in a professional and workmanlike manner in accordance with
the related SOW and generally prevailing industry standards. For any breach of the Professional
Services warranty, OpenGov will reperform the applicable services. If OpenGov is unable to reperform such work as warranted, Customer will be entitled to recover all fees paid to OpenGov
for the deficient work. Customer must give written notice of any claim under this warranty to
OpenGov within 90 days of the completion of the Professional Services pursuant to the
applicable SOW to receive such warranty remedies.
8.1.3.

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Software Services Warranty. OpenGov further represents and warrants that for the Term, the
Software Services will perform in all material respects in accordance with the then-current
Product Documentation. The foregoing warranty does not apply to (a) any Software Services that
have been used in a manner other than as set forth in this Agreement, or (b) any pre-release
features, functionality, or beta software services that Customer elects to use in the beta phase of
development. For any breach of the Software Services warranty, OpenGov will repair or replace
any nonconforming Software Services so that the affected portion of the Software Services
operates as warranted. If OpenGov is unable to do so, Customer may terminate the Agreement
and will be entitled to a refund of the pre-paid, unused portion of the fees from the date of the
discovery of the defect. Customer must give written notice of any claim under this warranty to
OpenGov within 90 days of Customer discovering the defect to receive such warranty remedies.
8.2.
By Customer. Customer represents and warrants that (a) it has all right and authority necessary to
enter into and perform this Agreement and (b) OpenGov’s use of Customer Data pursuant to this
Agreement will not infringe, violate or misappropriate Intellectual Property Rights of any third
party.
8.3.
Disclaimer. OPENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL
BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS
TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE
SERVICES. EXCEPT AS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES
ARE PROVIDED “AS IS” AND OPENGOV DISCLAIMS ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

9.Limitation of Liability
9.1.
By Type. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES,
REPRESENTATIVES, CONTRACTORS OR EMPLOYEES, SHALL BE RESPONSIBLE OR
LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER
ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR
ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR
COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF
BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND A
PARTY’S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
9.2.
By Amount. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE, CUMULATIVE
LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS
AGREEMENT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO OPENGOV
FOR THE SOFTWARE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS
PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY.
9.3.

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Limitation of Liability Exclusions. The limitations of liability set forth in Sections 9.1 and 9.2
above do not apply to, and each party accepts liability to the other for: (a) claims arising out of
fraud or willful misconduct by either party; (b) either party’s infringement of the other party’s
Intellectual Property Rights; (c) breach of obligations under Section 3.1; and (d) payment
obligations under this Agreement.
9.4.
No Limitation of Liability by Law. Because some jurisdictions do not allow liability or damages
to be limited to the extent set forth above, some of the above limitations may not apply.

10.Miscellaneous
10.1.
Logo Use. OpenGov shall have the right to use and display Customer’s logos and trade names
for marketing and promotional purposes in OpenGov’s website and marketing materials, subject
to Customer’s trademark usage guidelines provided to OpenGov.
10.2.
Notice. Ordinary day-to-day operational communications may be conducted by email, live chat
or telephone. For notices required by the Agreement the parties must communicate more
formally in a writing sent via USPS certified mail and via email. OpenGov’s addresses for notice
are: moc.vognepo@lagel with a mailed copy to OpenGov, Inc., 660 3rd Street, Suite 100, San
Francisco, CA 94107.
10.3.
Anti-corruption. Neither OpenGov nor any of its employees or agents has offered or provided
any illegal or improper payment, gift, or transfer of value in connection with this Agreement.
The parties will promptly notify each other if they become aware of any violation of any
applicable anti-corruption laws in connection with this Agreement.
10.4.
Injunctive Relief. The parties acknowledge that any breach of the confidentiality provisions or
the unauthorized use of a party’s intellectual property may result in serious and irreparable injury
to the aggrieved party for which damages may not adequately compensate the aggrieved party.
The parties agree, therefore, that, in addition to any other remedy that the aggrieved party may
have, it shall be entitled to seek equitable injunctive relief without being required to post a bond
or other surety or to prove either actual damages or that damages would be an inadequate
remedy.
10.5.
Force Majeure. Neither party will be liable for any delay or failure to perform its obligations
under this Agreement, due to any events beyond its reasonable control, including but not limited
to acts of god, acts of governmental authority, war, riot, labor disputes, failures of performance
by any third-party services, utilities, or equipment failures, or any other events beyond the
party’s reasonable control. Notwithstanding the foregoing, Customer shall remain obligated to
perform its obligations under Section 7.1.1.
10.6.

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Severability; Waiver. If any provision of this Agreement is found to be unenforceable or invalid,
that provision will be limited or eliminated to the minimum extent necessary so that this
Agreement will otherwise remain in full force and effect and enforceable. Any express waiver or
failure to exercise promptly any right under this Agreement will not create a continuing waiver
or any expectation of non-enforcement.
10.7.
Survival. The following sections of this Agreement shall survive termination or expiration:
Section 5 (Confidentiality), Section 7 (Payment of Fees), Section 4.6 (Deletion of Customer
Data), Section 8.3 (Warranty Disclaimer), Section 9 (Limitation of Liability), and Section 10
(Miscellaneous).
10.8.
Assignment. There are no third-party beneficiaries to this Agreement. Neither party may assign,
or otherwise transfer this Agreement without the other party’s written consent, which consent
may not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing,
either party may assign, without such consent but upon written notice, its rights and obligations
under this Agreement to its corporate affiliate or to any entity that acquires all or substantially all
of its capital stock or its assets related to this Agreement, through purchase, merger,
consolidation, or otherwise. Any other attempted assignment shall be void. This Agreement will
benefit and bind permitted assigns and successors.
10.9.
Independent Contractors. This Agreement does not create an agency, partnership, joint venture,
or employment relationship, and neither party has any authority to bind the other.
10.10.
Governing Law and Jurisdiction. This Agreement will be governed by the laws of Customer’s
jurisdiction, without regard to conflict of laws principles. The parties submit to personal
jurisdiction and venue in the courts of Customer’s jurisdiction.
10.11.
Complete Agreement. OpenGov has made no other promises or representations to Customer
other than those contained in this Agreement. Any additional or different terms in a purchase
order or click-through agreement are expressly rejected by the parties and are void. Any
modification to this Agreement must be in writing and signed by an authorized representative of
each party. No third parties are authorized to modify this Agreement. If there is a conflict
between this Agreement and any other attached or incorporated document, the terms of this
Agreement will control unless expressly stated otherwise.

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REQUEST FOR COUNTY BOARD ACTION
Items must be received in the Administrator’s Office by Monday at 12:00 Noon, 15 days
prior to the scheduled meeting to be considered.

Item# 7.7
Meeting Date:
Department:
Title:

Consent Business

10/27/2026
Finance
Approve Sheriff's Office Squad Replacement and Disposal

======================================================================
Background:
The Sheriff’s Office is requesting approval to order an additional lease for a new vehicle prior to 2027 to replace a
squad car that has a catastrophic engine failure.
The Sheriff’s Office also requests approval to sell squad #2224 as it is currently a nonfunctioning squad car, details:
2022 Dodge Durango Pursuit, VIN#1C4SDJFT5NC135856.

Summary of the Issue:
Below is a summary of the options to replace the squad that had a catastrophic engine failure:





Squad car 2224 had a catastrophic engine failure caused by the engine overheating.
Squad was scheduled to become a spare at the end of 2027 and be sold in 2029.
Average annual miles for this squad are 29,920.
Enterprise estimated the vehicle value of squad 2224
As is, with no repairs made $4,000
With engine replaced $10,500

Here are a few repair/replace options.
Option #1
Replace failed engine.
Estimated cost from Enterprise/dealer to replace engine $7,728.28
Cost of repair is higher than the value difference if we were to sell vehicle after replacing the engine vs selling as is.
Option #2
Locate replacement vehicle from a dealer lot that meets our current spec’s.
Enterprise has located a vehicle on a dealer’s lot in Michigan. The specs show a different shade of black and no
factory skid plate option.
Estimate to install aftermarket skid plates is $1,000
Estimate to transport vehicle to Mn $975
Delivered price from Enterprise $48,988 with a 36-month lease payment of $1,293.20
Option #3
Order 2027 model year vehicle to match our current squad car spec’s
As of 8/11/26 the lead time for ordered vehicles is 12-14 weeks plus a 6-week lead time for upfitting after we take
delivery of the vehicle.

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Delivered price from Enterprise $44,225.25 with a 36-month lease payment of $1,178.07.
Approximate savings of $4,762 if ordered vs purchase off the lot.
Replacement vehicle would be considered an early order for 1 of the 4 proposed replacement squads in the 2027
budget and only 3 squads would be ordered in 2027 if approved.
With either replacement option all equipment would be stripped from squad 2224 and installed in the new vehicle.
6-week lead time for upfitting.
Upfitting cost for replacement squad
Estimated cost to strip equipment from 2224 $975.00
Estimate to upfit new vehicle with equipment from 2224 $7,207.22

Funding:
Levy funding for the new squad lease of $44,225.26 with a 36-month lease with a monthly lease payment of
$1,178.07 starting in 2027 due to lead-times.
Levy funding for upfitting of $8,182.22 incurred in 2027 due to lead-times

Recommendation:
Approve Sheriff's Office Squad Replacement and Disposal.

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REQUEST FOR COUNTY BOARD ACTION
Items must be received in the Administrator’s Office by Monday at 12:00 Noon, 15 days
prior to the scheduled meeting to be considered.

Item# 7.8
Meeting Date:
Department:
Title:

Consent Business

10/27/2026
Finance
Approve Resolution for Donations Received 7/1/2026-9/30/2026

======================================================================
Background:
Winona County may accept gifts for the benefit of its citizens in accordance with terms prescribed by the donor. See
Minn. Stat. 465.03. The statute requires that each gift be accepted by a resolution approved by a two–thirds majority
of the governing board. Any conditions placed on the use of the gift shall be fully described in the resolution.

Summary of the Issue:
Winona County receives donations from individuals at various times. The donations need to be approved by a twothirds majority of the governing board.

Funding:
No funding required.

Recommendation:
Approve Resolution for Donations Received 7/1/2026-9/30/2026.

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RESOLUTION #2026BE IT RESOLVED, By the Winona County Board of Commissioners, that they accept
the donations that have been presented. The donations are from 7/1/2026-9/30/2026. The amount
of the cash donations is $18,580.93. Donations are as follows:
Drug Court Incentives
General Government-Flags/Plaque
Restorative Justice Program
Farmer’s Park

$
622.45
$
148.48
$ 17,770.00
$
40.00

Adopted in Winona, Minnesota this 27th day of October, 2026
WINONA COUNTY BOARD OF COMMISSIONERS
____________________________________________
Chris M. Meyer
Board Chair
Attest:
____________________________
Maureen L. Holte
County Administrator

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REQUEST FOR COUNTY BOARD ACTION
Items must be received in the Administrator’s Office by Monday at 12:00 Noon, 15 days
prior to the scheduled meeting to be considered.

Item# 7.9
Meeting Date:
Department:
Title:

Consent Business

10/27/2026
Finance
Confirm Payment of Disbursements

======================================================================
Background:
A warrant register has been sent to you regarding payment of these claims. Back-up documentation on these warrants
may be obtained from the Finance Department.

Summary of the Issue:
Confirm warrants issued from various funds totaling $1,697,731.02.

Funding:
10/07/2026 - 10/20/2026
Fund
1
2
3
4
5
7
20
27
42
73
76
81
83
Total

Revenue
Recycling & Solid Waste Fund
Road and Bridge
Transportation Sales Tax
Health & Human Services
Road and Bridge State Aid
EDA
CLFRF (Coronavirus) #21.027
Capital Improve & Equip Fund
Collaborative
Employee Benefit
Settlement Fund
State Revenue Fund

$
$
$
$
$
$
$
$
$
$
$
$
$

204,263.56
101,332.55
77,569.35
46,788.90
340,789.04
536,183.50
150,000.00
4,755.00
10,318.31
3,233.17
1,193.94
482.09
220,821.61

$ 1,697,731.02
123 Vendors Paid Less Than $2000
totaling $59,948.59

Recommendation:
Confirm Payment of Disbursements.

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REQUEST FOR COUNTY BOARD ACTION
Items must be received in the Administrator’s Office by Monday at 12:00 Noon, 15 days
prior to the scheduled meeting to be considered.

Item# 8.1
Meeting Date:
Department:
Title:

General Business

10/27/2026
Auditor-Treasurer
Select Two Commissioners to Serve on November 3 General Election Canvass
Board

======================================================================
Background:
Per M.S. 204C.31, Winona County’s election canvass board shall include two members of the County Board selected
by the board from its members who are not candidates at the election.

Summary of the Issue:
The Winona County canvass board will meet on Tuesday, November 10, 2026, at 11:30 a.m. to review results of the
November 3 General Election. The meeting will be held in the board room of the Winona County Office Building,
202 W. Third Street, Winona, MN. The canvass board consists of the Auditor-Treasurer, Mayor of the largest
municipality, District Court Administrator and two County Commissioners.

Funding:
No funding required.

Recommendation:
Select Two Commissioners to Serve on November 3 General Election Canvass Board.

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REQUEST FOR COUNTY BOARD ACTION
Items must be received in the Administrator’s Office by Monday at 12:00 Noon, 15 days
prior to the scheduled meeting to be considered.

Item# 8.2
Meeting Date:
Department:
Title:

General Business

10/27/2026
Administration
Receive Strategic Plan Update

======================================================================
Background:
At the April 8, 2025 County Board meeting the 2025 Strategic Plan was approved.
County Recorder Bob Bambenek was gracious in supplying an outline to share why Winona County is a Great Place
to Live and Work.
Recreation and places to visit:
 Four seasons’ activities abound on the Mississippi, Sugar Loaf, Lake Winona and the numerous arts and
musical festivals.
 Each day a new sunrise brings indoor and outdoor events, including skiing, swimming, kayaking, bowling,
hockey and boating.
 Fishing enthusiasts are forever challenged at the lock and dams, spillways and sloughs of Winona County for
the Catch of the Day.
Great place to raise children:

The values of small-town living make Winona County ideal for raising children with down-home attitudes but
still fortunate to provide encompassing different cultures and ideas.

Access to Healthcare:

Winona County is fortunate to have a hospital in the City of Winona and close access to other medical
providers in the area.

Education, Private and Public:

Three colleges, several private, and public schools add modern and inviting facilities and are a draw for
classmates of all ages.

Diverse Economy:

Manufacturing, education, transportation, agriculture and numerous businesses provide a diverse economy for
the very best of employment.

Rural Communities:

The talent and knowledge of rural communities and events are enjoyed annually by all.

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Summary of the Issue:
The intent of the agenda item is to provide an update of the actions taken thus far.
The attached 2025 Strategic Plan document contains updates under the areas in which action steps are or have been
taken. The action steps are noted with “**” before the action step description. The initials at the end of the notation
represent the leadership team member who entered the information.

Funding:
No funding required.

Recommendation:
Receive Strategic Plan Update.

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Board approved:
4/22/2025








2025 Strategic Plan Review with Winona County Department Heads
Winona County is a Great Place to Live
“Winona County is a Great Place to Live, Work, and Play!”
Leverage our Resources: Riverfront, Arts, Music Festivals, Bluffs, Parks, Driftless topography
Place to visit on weekends
Recreation
Great place to raise children
Access to Healthcare
Great Education – colleges
Private and public schools
** Have worked with and continue to work with rural schools to develop and promote safety plans and training. On-going BK

 Diverse economy – Manufacturing, education, transportation, agriculture and small business
 Support rural communities
** Obtained grants to fund speed monitors to help promote traffic safety in the rural community. 09-01-25 RG

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Engaged Citizens
1. Review, discuss, revise and adopt
policies to ensure open and accurate
communication of Winona County
Board positions.
**Sheriff Office has a social media page
on Facebook to keep the public current
on health, safety, and welfare matters
including weather emergencies and
road closures and attends multiple
meetings with health and mental health
agencies. 9/8/25 RJG
•

•

1. Develop long-term plans for meeting
capital infrastructure needs such as roads,
bridges, broadband, buildings, technology,
and major equipment.

Enhance social media presence
**Recycling & Household
Hazardous Waste recovered its
Facebook & Instagram
accounts in 2024 and posts
regularly with information
relevant to county residents.
Planning Facebook page next
for increased usage. RAD 9-1425

•

Healthy Infrastructure

Establish clear channels in which
communication through
meetings within the
organization and with extended
stakeholders to ensure all voices
are heard and messages are
clarified
Improve website content and
immediate access to information
**Planning & Environmental

Capital equipment rotation to plan for
the allocation and replacement of large
purchases – 10-year capitol plan

Organizational Climate
1. Enhance employee morale through
respectful, fair and civil treatment and by
supporting their professional efforts to
accomplish assigned tasks.

Support and establish policies that are
inclusive and promote equity

Set policies to support employee work

Continue to explore options to
reorganize departments to increase
efficiency and effectiveness –
Planning & Health Collaborating
for Safe Drinking Water

Solicit employee participation in policy
decisions (e.g. program evaluations)

Seek feedback on employee engagement

Support internal promotions within
parameters of labor agreements

Support utilization of existing systems –
such as Open Gov for permits and
Central Square.

Develop companion financial plans and
budget

Long term goal is to see about the
availability of federal and state funding
for mental health projects and the
impact of services Winona County can
provide. If those resources are gone,
what will the financial impact be on the
community.

**Jail has a background
investigators and training officers
to encourage growth in the
department. Deputies are given
various responsibilities and
training to help encourage their
professional growth. 9/8/25 RJG
**Developed the HHS Employee
Advisory Team to help lead and
promote a positive culture in the
workplace. Encouraging honest
and direct feedback. JAC 10/02/26
**Holding quarterly training
opportunities to provide required
training in an efficient way while

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1. Avoid large fluctuations in the tax levy
through forecasting, following the reserve
policy, matching services with funding, and
establishing ongoing financial planning.

**Compensation philosophy discussions are
under way with the County Board. MLH

Treatment Court, and other
criminal justice programs with
CJIS and state requirements need
collaborative home

Sound Fiscal Policy

Provide 5-year forecast and balance
funding as part of budget – 10-year capital
budget.
**This is in progress. MLH

Seek to maximize state and federal
revenues particularly in Health and
Human Services. Review one-time
funding versus consistent funding.

Promote fiscal transparency – program
evaluation as basis for budgeting and work
planning.
**Recent staffing & organizational
changes has initiated a departmentwide evaluation of our service delivery
model for the Planning & Environmental
Services Department. Efficiencies are
being looked for to ensure the best
organization for delivery of services and
redistribution of work to minimize
duplication of travel for field work is
being determined. A new intentional
structural organization is the end goal
to right-size staffing levels. RAD 9-14-25
**Activity Based Budgeting Model is
being rolled out in departments. Will
take a couple of years to complete.
MLH

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Services have enhanced or
updated most webpages with
Feedlots and Cannabis the
most recent to see added
features. The Well and Septic
webpages are next to be
enhanced. RAD 9-14-25

Participate in and keep the County
Board and public aware of activities
associated with boards, committees,
commission, task forces, work
groups and other entities acting to
further or support Winona County
goals.
**Sheriff Office administration
communicates and participates in CJCC,
Project Fine, Mental Health
Collaborative, ASAP, Crime Stoppers
and more with Emergency
Management and Dispatch 911 Boards.
9/8/25 RJG
**Department of Corrections
collaborates with the Winona County
Criminal Justice Coordinating Council
(CJCC) to coordinate and respond to
justice issues. Membership of CJCC
consists of elected officials, senior
justice system leaders and members of
the public who convene monthly. –
9/9/2025 RP
** Agendas and minutes of Planning
Commission, Board of Adjustment,
Parks, and EDA are regularly posted to
county website and shared via email
with the county board, media, and

2. Encourage federal and state
government to fully fund or eliminate state
mandates by educating legislators and
other state officials regarding implications
of unfunded mandates and unproductive
regulations.

Participate and support Association of
Minnesota’s County’s legislative efforts

Work collaboratively with other counties
and legislators to effect changes in rules,
regulations and funding that benefit
Winona County’s residents

Articulate legislative priorities to local
legislators

Provide a County Board consensus
statement of legislative priorities at least
once a year to local legislators

If possible, hold an annual meeting with
local legislators, County Board and
department directors to discuss
legislative priorities.
** Currently there is an unfunded
mandate enacted by the state
legislators allowing those in local
custody to get any and all medications
prescribed by their medical provider
(not the jail doctor). This may have a
large increase in health care costs to
every county.
** Discharge planning has yet to be
spelled out by the Commissioner of

increasing engagement across
services. JAC 10/02/26

2. RETAIN EMPLOYEES! Work with
Administration to foster an organizational
climate that recognizes the value of
employees and seeks to reward the
adoption and practice of core values.

Be intentional about “building people up”
** The Child Support team meets once a
month, and the first agenda item is
“Celebrate Me.” Staff can voluntarily share
successes about themselves, family and/or
clients/cases. 9/10/25 PMT
**Trainee level positions are being
developed to grow internal talent. MLH
**HHS has “shout outs” to other team
members during employee meetings. JAC
10/02/26

Carry message that: “Winona County has
the best employees”

Set an example of respect

Find ways to facilitate and reward
innovation
** Sheriff’s Office encourages
staff to take the Institute for
Credible Leadership Course
(ICAD). The equivalent to 47
college courses, on thinking
outside the box 9/8/25 RJG

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**Working collaboratively with leaders
to teach budgeting skills and determine
ways to ensure that we are capturing
revenue. Example: Rule 5 youth. JAC
10/02/26

2. Review alternative service delivery
options, determine service necessity,
encourage best practices, support
innovation, and evaluate discretionary
contributions. Use of technology to
realize efficiencies.

Develop processes that support
development of alternative service delivery
options

Understand mandated versus discretionary
programs.

**Currently reviewing all court-related
services to determine if another party
could bill for said service in lieu of
internal provision. The ultimate goal is to
continue important services to the
community and determining when the
county must provide. JAC 10/02/26

3. Enhance county services without new
expenditures through collaboration.
Continue striving with public, nonprofit,
and private collaboration.

Be systematic about collaborative
efforts and maintain accountability
benchmarks for collaborative entities –
establish metrics to do this

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interested parties. 9-14-25 RAD

the MNDOC on what needs to be done
by each county when a person is
released from custody. This includes
how much medication will need to be
supplied upon release. Unknown is
who does the in-depth discharge
plan.9/8/25 RJG

**Attended (Maureen and Jill) the
Semcac open house. JAC 10/02/26
**Attended HVMHC Bring Light into
Darkness. Both Public Health and
Human Services had a table outlining
services. JAC 10/02/26
• Review Winona website for
increased functionality
**Updated the Child Support
section of the Winona County
website with more detailed
information and attached helpful
links. 9/10/25 PMT

Promote public access to Winona
County Board members through
attendance at events, activities, and
forums. Publicize through all forms
of media. Access to all age groups.
•

•

**Review and support MACSSA
agenda around advocacy for covering
costs that have been transferred from
the federal to county government.
Ongoing. JAC 10/02/26
**Attended Winona County legislative
discussion with representatives to
share our perspective. JAC 10/02/26

Resident Survey

Continue community meeting model for
large impact projects (e.g. roads)

Support Department Director and
Supervisory personnel by encouraging
participation in regional and state

In addition to internal partners, seek to
work with neighboring counties and
cities to move toward regional
leadership model – 8 county safe
drinking water collaboration, Juvenile
placement facility housing for county
Seek private business partnerships to
support efforts

Treatment court benefits from
Friends of TC started by several on
the TC Team (nonprofit)

Economic Development Association
is a vehicle for cooperation.

3. Support comprehensive talent
management practices that include talent
acquisition, onboarding and engagement,
development, performance management,
competitive pay and benefits, succession
planning, and workforce planning.

Develop onboarding training county-wide,
but also by department training programs
that are robust and help departments with
guidance and resources for establishing
and maintaining such programs.

**Working toward having backup plans for
each type of work, particularly providing

County Board Agenda Packet, Page 113
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Work with Community Leaders to make
the best use of resources – continue to
develop and maintain partnerships
** The Parks & Environment
Committee has been working on the
institution of “Friends of the Parks”
groups to mobilize volunteers to
perform needed enhancements and
maintenance to county parks.
Aspects/procedures covering liability
issues, insurance coverage, and
coordination of work with
Maintenance are currently being
worked through. RAD 9-14-25

**Employees within HHS chose
to add the “accountability”
element to their performance
evaluations. JAC 10/02/26
**Employee turnover rate has
declined over the course of
2026. JAC 10/02/26

3. Reduce infrastructure costs by
collaborating with other entities where
feasible.

Alternate Planning Commission
and Board of Adjustment
Meetings

Encourage employee participation
in key groups with the mission to
support Winona County goals.

** Department of Corrections
has a designated staff wellness
day called “Bring it in Day”. This
day is devoted to promoting
staff wellness, connectedness,
and space to focus on these
activities uninterrupted by daily
work for one day per year, to
truly pause and focus on the
importance and health of staff.
In the end, the purpose is to
have healthy, motivated staff. –
9/9/2025 RP

**Over the past year, have worked to
increase revenue and analyze our
ability to capture revenue. As a result,
moving court services, modifying the
allocation of director and director
support time, and ending a contract to
reduce the waitlists for services. JAC
10/02/26

4. Promote exploration of new opportunities
for the growth of property tax capacity. Use
of technology to ensure assessments and
zoning permits are collected.

Determine role of County Board
regarding economic development
efforts

Put more EDA resources into helping
to build public/private partnerships
with economic development projects.

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associations

**Collaborating with emergency
management to create a hybrid
model that incorporates the needs
of public health and emergency
management. JAC 10/02/26

** Winona Jail has staff participate in
District 6 meetings and promotes
reaching out to other counties for
their insight/visions and what is
working best Sheriff and Chief
Deputy attend the Summer and
Winter Sheriff’s Conference to gather
ideas on what other Sheriff’s Office
are doing towards employee
participation. Many of the deputies
are training officers and FTO’s which
keeps them involved in decision
making within the Office. 9/8/25 RJG
**Attended the AMC conference in
November of 2025 and will attend the
MACSSA Director conference in
October of 2026. JAC 10/02/26.
**Participate in monthly regional
meetings for both public health and
adult mental health initiative. State
and county partners are present. JAC
10/02/26

Encourage Department Directors and
Supervisory personnel to work collectively
with state, city, township and other
officials
Increase contact with public through
outreach, town halls, community groups
on important subjects that the county
provides – such as public health and
collaboration between public health and
medical communities, mental health

**Collaborating with court-related
services to transition court services
to HHS to draw down state and
federal revenue. JAC 10/02/26
**Collaborating with the jail to
develop a way to address the costs
of jail medical bills. JAC 10/02/26
**Adult Protection and Mental
health provided training to jail
employees around the APS and civil
commitments. JAC 10/02/26

4. Develop process for obtaining input
from constituents.

Help identify and prioritize
infrastructure needs
**Developed an opioid advisory
workgroup to gain insight from
community members with lived
experience regarding substance
use. JAC 10/02/26

invoices to the state that come directly
from county-level HHS. JAC 10/02/26

4. Adopt a Strategic Plan to guide the County
Administrator and Department Directors in
developing goals and to help employees
understand County Board priorities.

Develop Departmental Goals annually
which align with the County Board’s
Strategic Plan – Program Evaluations

Promote collaboration between County
departments in developing and
implementing goals

Have Department Heads encourage
collaboration and working together

Planning and Health Collaboration on
Safe Drinking Water

**Developed an HHS-specific strategic
plan focusing on the following core
areas: efficiency & financial stability,
quality, and culture. JAC 10/02/26

5. Reflect organizational values through
County Board actions that are professional,
respectful and consistent with rules adopted
by the County Board.

Adhere to the adopted ground rules

Promote collegiality

Agree to disagree – encourage and

County Board Agenda Packet, Page 114
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Bring or develop more opportunities
for elected officials (Board) to become
involved

**Beginning work with Winona Health
around the Transformation Rural
Health Grant. JAC 10/02/26

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collaboration between county and
providers

strengthen civil discourse.

**This was largely done prior to and
during the jail building to hear and
receive input from the citizens of
townships and the cities throughout
the county. It continues through CJCC.
Day Shift deputies are assigned to a rural
school to make occasion drop-ins to
interact with kids and staff 9/8/25 RJG

Encourage Board attendance at elected
officials, professional conferences, and
engagement in regional and state
associations.

6. Practice the tenets of the County’s Respectful

Workplace Policy – reminder (annual review) of
all members following these tenets.

** Income Maintenance staff continue to
participate in monthly SNAP outreach via
Winona Volunteer Services. As of August,
we’ve begun participating in SNAP
outreach opportunities with Southeast
Technical College; specifically, their Fall
Basic Needs Fair, with intention to grow
the outreach opportunities to a quarterly
basis. Contact has been made with
Winona State to establish SNAP outreach
opportunities with their students as well.
9/9/25 JJM
** Department of Corrections staff are
involved/participate in various
committees and community programs
along with our court partners. 9/9/25
RP
** Staff participate on the Winona Area
Public Schools Project COMPASS Board.
KLB
** Staff participate as part of the City of
Winona Transportation Board
meetings. KLB

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** Staff participate on Habitat for
Humanity. KLB
** Staff present via a vendor table in
the community at the Bring Light into
Darkness annual event at Hiawatha
Valley Mental Health Center. KLB
** Child support present at the Bring
Light into Darkness annual event at
Hiawatha Valley Mental Health Center
to provide resource materials to the
community. 9/10/25 PMT
** Child support continues to provide
resource materials to Winona Volunteer
Services and Hometown Resource
Center, St. Charles. Currently reaching
out to Advocacy Center of Winona and
Catholic Charities. 9/10/25 PMT
** Planning Staff have been conducting
extensive outreach to publicize and
obtain the participation of the
community as part of the
Comprehensive Plan update meeting
with Township Officers, Farm Bureau,
economic development/business
groups, and other communities. RAD 914-25
**Consistent and engaged participation
from the community and county board
on the HHS Advisory Committee. JAC
10-02-26
**Development of an Opioid Advisory
Committee including people with lived
experience. JAC 10-02-26

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**Engagement with the Winona Health
Mental Health Collaborative and Rural
Health Transformation Grant. JAC 10-0226
**Regional Adult Mental Health
funding provided to Winona County
community organizations – Bridges,
Project FINE.

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2.

3.

4.

County Board Agenda Packet, Page 118
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5.

Page 119 of 123

REQUEST FOR COUNTY BOARD ACTION
Items must be received in the Administrator’s Office by Monday at 12:00 Noon, 15 days
prior to the scheduled meeting to be considered.

Item# 8.3
Meeting Date:
Department:
Title:

General Business

10/27/2026
Administration
Discuss/Provide Direction/Adopt Resolution - Commissioners 2027 Salaries

======================================================================
Background:
By statute, County Commissioners' salaries must be approved in the year prior to the salary taking effect. Winona
County’s Board of Commissioners compensation has remained relatively low compared to similarly sized and
neighboring Minnesota counties. Recent comparative analyses of elected-official salaries indicate that Winona
County commissioners receive one of the lowest annual salaries among peer counties. Commissioner salaries have
also remained unchanged since January 1, 2012, nearly 15 years. During that time, statutory payroll requirements,
mandatory contributions, and benefit structures have changed significantly.
Commissioners participating in County single-coverage health insurance, contributions range from $176.92–$266.84
per month and family-coverage contributions range from $730.94–$1,102.44 per month under the 2027 BCBS rate
structure. These contributions interact directly with statutory payroll deductions, including:
•
•
•

MN Paid Leave tax (PFML) (0.44% of gross wages)
PERA employee contribution (5% of gross wages)
Medicare tax (1.45% of taxable wages)

These mandated deductions must occur in statutory order and cannot be reduced or waived.
A commissioner is paid $932.18 per pay period (26 periods annually). PFML and PERA, which are calculated on
gross wages, reduce the wages available to support pre-tax health-insurance deductions and Medicare, federal, and
state tax withholding.
When commissioners elect County health insurance, especially family coverage, the combination of statutory
deductions and pre-tax premiums can lead to:
•
•
•
•
•
•
•

Insufficient wages to support full federal or state tax withholding
Inconsistent Medicare withholding
Zero-net-pay checks, requiring manual correction
Uncollected taxes or contributions that accrue to arrears
PERA service-credit inaccuracies
Increased administrative workload to reconcile payroll exceptions
Potential year-end tax liability due to under-withholding

These challenges create operational, compliance, and financial risks for the County while also discouraging otherwise
qualified candidates from serving.

County Board Agenda Packet, Page 119

Page 120 of 123

Commissioner compensation should reasonably align with the responsibilities, expectations, and statutory compliance
obligations of the position. Compensation levels that fall significantly below regional norms pose challenges to:
•
•
•

attracting a diverse and qualified pool of candidates,
supporting retention of experienced commissioners, and
ensuring that public service remains accessible and financially sustainable for individuals without outside
income or employer‑sponsored benefits.

Summary of the Issue:
Administration offers the following for discussion:
Discuss and adopt Resolution A (No Increase) or Resolution B (Increase = 3% cost of living adjustment) or
Resolution C (Increase to average of comparable Counties) to set the Commissioners' salaries for 2027. A multi-year
approach may also be considered such as 2027 adjusting to $26,906.10, and if the 2027 County Board agrees, for
2028 adjusting to $29,575.51. If the desire is to set the salaries at something other than the options contained herein, a
modified resolution can be prepared for consideration/approval.

Funding:
Levy.

Recommendation:
Discuss/Provide Direction/Adopt Resolution - Commissioners 2027 Salaries.

County Board Agenda Packet, Page 120

Page 121 of 123

(A)
RESOLUTION #2026NOW, THEREFORE, BE IT RESOLVED, that the annual salary for Winona County
Commissioners shall be $24,236.69 annually paid bi-weekly; and
BE IT FURTHER RESOLVED, that Winona County Commissioners are authorized to
spend county funds attending meetings and conferences when those meetings and conferences fall
within the guidelines of Winona County Personnel Policy 3.09 Travel Policy for Winona County
Elected Officials.
BE IT FURTHER RESOLVED, that Winona County Commissioners shall be entitled to
reimbursement for expenses as provided for in Winona County Policy 3.08 - Travel Expenses and
Reimbursements, exclusive of mileage reimbursement which shall be paid at a rate allowed by the
Internal Revenue Service.
BE IT FURTHER RESOLVED, that per diem payments for volunteer members of the
Board of Adjustment, Planning Commission, Extension Committee, Health and Human Services
Advisory Committee, Economic Development Authority, Personnel Board of Appeals and
Veterans Services Advisory Committee be set for the year 2027 at $75.00 per day until this
resolution is modified in accordance to applicable laws. County Commissioners do not receive per
diems.
BE IT FURTHER RESOLVED, that this resolution is effective January 1, 2027.
Adopted in Winona, Minnesota, this 27th day of October, 2026.
WINONA COUNTY BOARD OF COMMISSIONERS
____________________________________________
Chris M. Meyer
Board Chair
Attest:
_____________________________
Maureen L. Holte
County Administrator

County Board Agenda Packet, Page 121

Page 122 of 123

(B)
RESOLUTION #2026NOW, THEREFORE, BE IT RESOLVED, that the annual salary for Winona County
Commissioners shall be $25,024.38 annually paid bi-weekly; and
BE IT FURTHER RESOLVED, that Winona County Commissioners are authorized to
spend county funds attending meetings and conferences when those meetings and conferences fall
within the guidelines of Winona County Personnel Policy 3.09 Travel Policy for Winona County
Elected Officials.
BE IT FURTHER RESOLVED, that Winona County Commissioners shall be entitled to
reimbursement for expenses as provided for in Winona County Policy 3.08 - Travel Expenses and
Reimbursements, exclusive of mileage reimbursement which shall be paid at a rate allowed by the
Internal Revenue Service.
BE IT FURTHER RESOLVED, that per diem payments for volunteer members of the
Board of Adjustment, Planning Commission, Extension Committee, Health and Human Services
Advisory Committee, Economic Development Authority, Personnel Board of Appeals and
Veterans Services Advisory Committee be set for the year 2027 at $75.00 per day until this
resolution is modified in accordance to applicable laws. County Commissioners do not receive per
diems.
BE IT FURTHER RESOLVED, that this resolution is effective January 1, 2027.
Adopted in Winona, Minnesota, this 27th day of October, 2026.
WINONA COUNTY BOARD OF COMMISSIONERS
____________________________________________
Chris M. Meyer
Board Chair
Attest:
________________________________
Maureen L. Holte
County Administrator

County Board Agenda Packet, Page 122

Page 123 of 123

(C)
RESOLUTION #2026NOW, THEREFORE, BE IT RESOLVED, that the annual salary for Winona County
Commissioners shall be $29,575.51 annually paid bi-weekly; and
BE IT FURTHER RESOLVED, that Winona County Commissioners are authorized to
spend county funds attending meetings and conferences when those meetings and conferences fall
within the guidelines of Winona County Personnel Policy 3.09 Travel Policy for Winona County
Elected Officials.
BE IT FURTHER RESOLVED, that Winona County Commissioners shall be entitled to
reimbursement for expenses as provided for in Winona County Policy 3.08 - Travel Expenses and
Reimbursements, exclusive of mileage reimbursement which shall be paid at a rate allowed by the
Internal Revenue Service.
BE IT FURTHER RESOLVED, that per diem payments for volunteer members of the
Board of Adjustment, Planning Commission, Extension Committee, Health and Human Services
Advisory Committee, Economic Development Authority, Personnel Board of Appeals and
Veterans Services Advisory Committee be set for the year 2027 at $75.00 per day until this
resolution is modified in accordance to applicable laws. County Commissioners do not receive per
diems.
BE IT FURTHER RESOLVED, that this resolution is effective January 1, 2027.
Adopted in Winona, Minnesota, this 27th day of October, 2026.
WINONA COUNTY BOARD OF COMMISSIONERS
____________________________________________
Chris M. Meyer
Board Chair
Attest:
________________________________
Maureen L. Holte
County Administrator

County Board Agenda Packet, Page 123

Provenance

Where this record came from. Every source is listed, permanently.

  • Agenda Watch · Oct 23, 2026
  • DeFlock research desk · Oct 23, 2026

Permanent ID DKT-2026-004559 — this record is never deleted.

Record history

Every change to this record, logged as it happened.

  • Oct 23, 2026 Filed on the Docket
  • Oct 23, 2026 Full document archived — public record
  • Oct 23, 2026 Corroborated by another source DeFlock research desk
  • Oct 23, 2026 Record updated

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