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04-279Council File # 0 `1 a79 GreenSheet# ���a RESOLUTION Presented By Refened To CI�SAINT PAUL, NIINNESOTA � �� u 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 3 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 7 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 11 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 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 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 o�-a7� -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." 65553 oy- a79 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 -2- 65583 o�- ��� 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 -3- 65583 o�-�z�9 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. -4- 65583 o�- �9 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. -5- 65583 o�- a79 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 -6- 65583 . . o�- �79 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: 65583 -7- BY IYs: By: Its: By: Its: By: Its: BY= Its: D�-a7g � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 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