04-279Council File # 0 `1 a79
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RESOLUTION
Presented By
Refened To
CI�SAINT PAUL, NIINNESOTA
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Comxnittee: Date
1 WHEREAS, pursuant to Minnesota Statues 471.59, commonly refened to as the "Joint
2 Powers Act," the City of Saint Paul is authorized to execute point powers agreements; and
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4 WHEREAS, the City of Saint Paul, Ramsey County, the Saint Paul Public Schools, and
5 Ramsey Action Programs have participated in the St. PauURamsey County Children's Initiative
6 since 1993; and
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8 WHEREAS, in an effort to refocus on the goal of improved delivery of services,
9 representatives of the city, county, schools and Ramsey Action Programs began meeting several
10 months ago; and
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12 WHEREAS, those organizations believe that the goals of the Children's Initiative should
13 continue to be pursued but under a different organizational structure; and
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WHEREAS, the Board of the Children's Initiative is winding down its activities in
anticipation of the creation of a new entity; now, therefore, be it
RESOLVED, that the City of Saint Paul hereby authorizes and directs the execution of
the Joint Powers Agreement (Attachment A) between the City of Saint Paul, the County of
Ramsey, St. Paul Independent School District #625, Ramsey Action Programs, Inc., and St. Paul-
Ramsey County Public Health Deparhnent, to establish the St. Paul Children's Collaborative; and
be it
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-1 ' FURTHER RESOLVED, that the Council authorizes the Mayor or his designee to take
2 appropriate actions to execute said agreement.
p,�► �#� M�'" Pr o�- �.�9
ST. PAUL CHILDREN'S COLLABORATIVE
AGREEMENT
This agreement is entered into by and among the City of St Paul, the County of Ramsey, the
S� Paul-Ramsey County Public Health Department, a public health entity, the S� Paul
Independent School District #625, and Ramsey Actions Programs, Inc., a community action
agency, pursuant to the provisions of Minn. Stat. §§ 124D.23 and 471.59.
WITNESSETH:
WIiEREAS, the parties are committed to coordinating the development of the St. Paul
Chiidren's Collaborative as a Family Services Collaborative pursuant to Minn. Stat.
§ 124D.23; and
WIIEREAS, the parties agree that it is essential that these efforts be directed and coordinated
by a single organization with power to make and implement all decisions to fulfill its purpose;
WHEREAS, the parties recognize such services can be appropriately fmanced, supported, and
managed through a multi-organization joint venture.
NOW, THEREFORE, IN CONSIDERATION OR the covenants and mutual agreements
contained herein and pursuant to Minn. Stat. §§ 124D.23 and 471.59, the parties do hereby establish
the St. Paul Children's Collaborative Boazd, operating the St. Paul Children's Collaborative having
the composition, powers, and duties provided in this agreement as follows:
SECTION 1.
Unless the context otherwise requires, the terms defined in this section shall for all purposes of
this agreement have the meanings herein stated:
A. A¢reement means this Agreement as it now exists and as it may hereafter be amended.
B. Parties shall collectively refer to signatories to the Agreement.
C. Board shall mean the St. Paul Children's Collaborative governance boazd herein established,
to be known as the `Board" or "Collaborative Board."
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D. ManaEer(s) shall mean the pezson(s) or entity who has/have been delegated by the Board to
administer and manage the St_ Paui Children's Collaborative on a day-to-day basis.
E. A2encies shali be those organizations and entities, other than the parties and communiYy
representatives who make up the St. Paul Children's Collaborative Board.
F. Reoresentatives shall be those individuals or their designees formally appointed to the Board
by the parties, or the agencies, or by the St. Paul Children's Collaborarive Board.
SECTTON 2. TERM
This agreement shall be effective pursuant to Section 16 and shali continue in full force and
effect until terminated by the parties pursuant to the provisions of Section 14 of this agreement.
SEC'I'ION 3. CREATION OF BOARD
There is hereby created pursuant to Minn. Stat. § 471.59, the St. Paul Chiidren's Collaborative
Board. The Board shall be an entity separate from the members and shali not be deemed an
agent or partner of any of the members, and the members shall not be liable for the actions of
the Board.
SECTION 4. PURPOSE
This agreement has been entered into by the parties for the purpose of coordinating the members
in family services collaborative policy development, planning, and legislative activities, and for
meeting the requirements of Minn. Stat. § 124D.23. These requirements include, without
limitation, reviewing and approving Family and Community-Based Collaborative standards,
reviewing and approving a work plan and marketing program, identifying goais, soliciting and
reviewing grant proposals, awarding grants to accomplish designated goals, evaluating
outcomes, being accountable for results, complying with appropriate financial and reporting
requirements, initiating systems change that does not involve allocation of fixnds (in addition to
systems change arising out of allocation decisions).
SECTION 5. BOARD
A. Each party listed below shall appoint the foliowing representatives or their alternates or
designees as indicated:
0 2 County Board members or alternate County boazd members collectively
representing the County and the Public Health Deparhnent
0 2 School Board members and/ar Superintendent, or altemate School Board members
to be decided by the District
o Mayor or a designee and a City Council member or altemate City Council member
o Ramsey Action Program Executive Director
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B. The Board shall appoint three (3) community residents, who represent a broad cross section
of the community. The community members shall be appointed by consensus. If consensus
is not achieved one (1) will be selected by each public entity. The members appointed
pursuant to this paragraph shall be members of the Boazd for three (3) year terms or until
they resign or are removed at the sole discrefion of the Board. Any community residents
who aze minors may participate in Boazd discussion but may not vote on Boazd issues.
Members should not be from community organizations which wouid stand to directly gain
from allocation of funds.
C. Party or community representatives shall serve for a term of three (3) yeazs from the date of
his or her appointment. Each representative must be a member or employee of the Body
making the appoinhnent and must remain so during the term of her or his appointment. If a
representative ceases to be a member or an employee of the Body he or she represents, his
or her membership on the Boazd shall immediately terminate and the member body shall
appoint a new representative. Those representatives who derive their status from their
positions as elected officials shall have their term expire upon termination of their elected
official status.
D. Each representative on the Board shall have one (1) vote.
E. Representatives may be reappointed far additional terms by the parties as set forth in the by-
laws.
F. The Board shall meet at least quarterly or more frequently as the needs of the Collaborative
may require.
SECTION 6. POWERS OF THE BOARD
The Boazd is hereby authorized to exercise such authority as is necessary and proper to make all
decisions to carry out its purpose as described in Section 4 and to fulfill its obligations under
Minn. Stat. § 124D.23, and as it may be amended. Such powers shall be subject to the
provisions of Minn. Stat. § 471.59, as it may be amended from time to time, and any other
applicable statute, and will include, but not be limited to, any or all of the following to the
extent provided by law or not othenvise limited by the agreement:
A. Adopt and amend annual budgets, to be established on a calendaz year basis, together with a
statement of the sources of funding and an estimate of the proportion of such amounts
required of each party and member. An integrated fund required by law shall be established
and a minimuxn financial commitment of each party to be determined and agreed upon. The
Board shail develop policies and procedures regazding reserves, encumbering of funds, and
allocation of assets.
B. Enter into transactions, including contracts or leases, required in fiutherance of this
agreement and statutory mandate and enforce such transacrions to the extent auailable in
equity or at law. The Board shall establish contracting and purchasing requirements. The
Board may approve any contract relating to this agreement up to the amount approved in the
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annual budget or as the budget may be amended, and may authorize the manager(s) to
execute those conh
C. The Collaborarive will not itseif deliver services or "own" the service deliverers, but
collaborative members may be service deliverers in which case they will stafftheir own
projects.
D. Apply for and accept gifts, grants, loans of money, other properiy or assistance on behalf of
the Boazd from the United States government, the State of Minnesota, or any person,
association, or agency for any of its purposes, including any grant which may be available;
enter into any agreement in connection therewith; and hold, use, and dispose of such money,
other pzoperty and assistance in accordance with the terms of the gift, grant, or loan relating
thereto.
E. Hold such property as may be required to accomplish the purposes of tlus agreement and
upon termination of this agreement, make distribution of such property as is provided for in
this agreement.
F. Contract for personal services as the Board determines necessary.
G. Incur debts, liabilities, or obligations which do not constitute a debt of any of the parties ar
agencies or representatives. The Board does not have authority to incur debts, liabilities, or
obligations which constitute a debt of any of the parties or agencies or representatives.
H. To sue and be sued in its own name. The coilaborative and each party and agency, and their
representatives, and appointed community members, shall be subject to the protections set
forth in Minn. Stat. Ch. 466.
I. The Board's meetings shall be conducted in accordance with the provisions of Minn. Stat.
471.705, the Minnesota Open Meeting Act.
All powers granted herein shall be exercised by the Board in accordance with the legal
requirements applicable to the collaborative.
SECTION 7. OFFICERS, ADIVIINTSTRATIVE CONTRACTS, SERVICES
A. The Board shall elect a chairperson and vice chaixperson from among its representatives,
each to serve a term of one year. The Board shall also appoint a secretary who may, but
need not be, a representative on the Board. If the secretazy is not a representative on the
Boazd, the secretary shall haue no voting rights.
B. The Board may contract with any agencies or organizations represented on the Board to
provide administrative, financial, accounting services (including disbursement of funds), or
any other servicea The chief fmancial officer of the body so elected shall act as controller
of the Board and shall draw warrants to pay demands against the Board when the demands
have been approved by the Board pursuant to authorization of the Board. Any Board
member shall retain their authority to request reports pertaining to any and all such services.
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C. Ad hoc staffing to provide technical support to the coliaborative and project-driven shared
staff for special collaborative projects may be served by staff assigned on an as-needed basis
by the public pariners.
SECTION 8. FISCAL YEAR / BUDGET
Not later than December 31 of each yeaz, the Boazd shall establish and approve a budget for the
administration of the collaborative for the following fiscal year, which shall be 7anuazy 1
through December 31.
SECTION 9. WITHDRAWAL / TERNIINATION
Other than the parties, who may terminate this agreement as set forth in Section 14, any
communiTy member may withdraw from this agreement upon reasonable prior written norice to
the Board. In the event of withdrawal by a community member, this agreement shall remain in
full force and effect as to all remaining community members.
SEC1`ION 10. EFFECT OF WIT�RAWAL, DISPOSITTON OF PROPERTY, FUNDS AND
OBLIGATIONS
A party withdrawing from this agreement shali not receive a distribution of property or funds
until such time as this agreement is terminated by all parties pursuant to Section 14 hereof.
Such disposition of properiy shall be in accordance with the provisions of Section I 1 hereof.
SECTION 11. DISPOSITION OF PROPERTY AND FUNDS
At such time as this agreement is ternunated, any property interest remaining in the Board,
following discharge of all obligations owed by the Board, shall be disposed of and the proceeds
of the property shall be returned to the member organizations in proportion to their
contributions. Physical assets, however, shall be assigned to any substantially similar public
programs in the service azea.
SECTION 12. AMENDMENTS
This agreement may be amended at any time by agreement of ali the parties. Prior to any such
amendment, the recommendation of the Board shall be provided. Such amendment will be
approved by all parties and shall be in writing.
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SECTION 13. RECORDS, ACCOUNTS AND REPORTS
The Board shall establish and maintain such funds and accounts as may be required by good
accounting practice. The books and records of the Board and providers related to collaborative
acrivities shall be subject to the provisions of Minn. Stat. Ch. 13, the Mivnesota Govemment
Data Pracrices Act, and Minn. Stat. § 16C.05, subd. 5, related to access to books and records.
The Boazd, within 120 days after the close of each fiscal year, through its managezs shall give a
complete written report of all finaucial activities for such fiscal yeaz to those on the Boazd.
SECTION 14. TERNIINATION
A. Events of Termination. This agreement shall terminate upon the occurrence of any one of
the following events:
1. When necessitated by operation of law or as a result of a decision by a court of
competent jurisdiction; or
2. By consent of all parties; or
3. By the termination of any statutory party upon six (6) months' notice.
B. Effect of Termination. Termination shall not discharge any liability incurred by the Board
during the term of this agreement. The Board shall continue to operate after the date of
termination oniy for the purpose of winding up its business and for aiding in the prosecution
and defense of claims. The Board shall approve a final report of its activities and affairs
including a schedule showing the disbursement of remaining assets as required by Section
11, and on the expiration of thirty (30) days therefrom, shall cease to exist.
SECTION 15. COLTNTERPARTS
TYus agreement may be executed in two or more counterparts, each of which shall be deemed an
original, but all of which shali constitute one and the same instruxnent.
SECTION 16. EFFECTIVE DATE
This agreement shall be effective when adopted by all four (4) parties.
SECTION 17. SEVERABILITY
The provisions of this agreement are severable. If any pazagraph, section, subdivision,
sentence, clause, ar phrase of the agreement is for any reason held to be contrary to law, or
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contrary to any nxle or zegulation having the force and effect of law, such decision shall not
affect the remainiug portions of this ag
IN WITNESS WHEREOF, the following parties have executed this agreement:
Dated:
Dated:
Dated:
Dated:
Dated:
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C97
DepartrnenVOffice/wuneil: Date InRiated:
Mo -�y�s�� 2¢FE� Green Sheet NO: 3012335
Contad Person & Phone• Deoartrnent Sent To Person InitiaVDate
Howard Orenstein � 0 a or's Otfice "
266853� A55ign 1 a or's Office De artment Dir or
Must Be on Council /�qenda by (Date): Number Z Atto R e Rofuih �
For
Routi(1g 3 a or's Offce Ms or Assista t
_ Ordef 4 uncil Coancil
5 " Clerk " Clerk
ToWI # of Signature Pages _(Clip NI Loptions for Signature)
Action Requested:
Authorize execution of joint powers ageement for St. Paul Children's Collaborative Agreement.
Re�mmendafions: Approve (A) w Reject (R): Personal Service Contracts Must Answer the Following Questions:
Pianning Commission 1, Has fhis person/firtn ever worked under a conVact for this departrnenY?
CIB Committee Yes No
Civil Service Commission 2. Has this persoNfirtn ever been a city employee?
Yes No
3. Does this person/5rtn possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What. When, Where, Why):
Children's Initiarive needs a different organizarional structure to continue its work.
Advantaaes If Approved:
Refocus on goals of improved delivery of services.
DisadvanWges If Approved:
None.
Disadvantages If Not Approved:
Work of the Children s Initiafive could not continue.
Total Amount of � CwtlRevenue Butlgeted:
Transaction:
FundingSource: ActivityNumber. ���'��°�°''�f0��ontpt
Financiallnformation: ��� � � e
(Euplain) g ���y