07-258Council File #��5 6
Green Sheet # 3037 713
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RESOLUTION
OF
Presented by
PAUL, MINNESOTA
�
Resolution Approving the Amended and Restated Joint Powers Agreement
For the Rush Line Corridor Task Force
WHEREAS, +he Rush Line Corridor is defined as the hansitway corridor originating in Saint Paul in Ramsey Counry and
extending north from Ramsey Counry through Washington, Chisago, Pine, and Cazlton Counties to Duluth in St. Louvs County;
and
WIlEREAS, the Rush Line Corridor has significant h�ansportation, safety and land use issues; and
WHEREAS, there are opportunities for a variery of multi-modal transportation improvemenu in the corridor, including
highway, commuter and freight rail, bus rapid transit, mulri-use paffis andlor recreational trails including bicycle 4ails, and
Intelligent Transportarion Systems (ITS); and
WHEREAS, there is in existence a Rush Line Corridot Task Force consisting of cities, counries and towns from Saint Paul to
Duluth which aze parties to a Soint Powers Agreement and Saint Paul has an oppommity to become a party to an Amended and
Restated Joim Powers Agreement; and
WI�EREAS, Saint Paul wishes to collaboratively plan for multi-modal transportation improvements to the comdor and for the
related land use and development impacts; and
WHEREAS, Saint Paul is cominitted to preserving the corridor for future rail transit alternarives; and
WHEREAS, the Task Force has completed a uansit study on the Rush Line Corridor, and detemvned that planning for bus, bus
rapid transit, and commuter rail in the Rush Line Corridor should continue; and
WHEREAS, the Minnesota Department of Transportarion has completed a study of the xestorarion of passenger service &om
the Twin Cities to Duluth and the �on Range, and determined that additional analysis should continue; and
WI�REAS, Minn. Stat. § 174.80 et seq. grants authority and responsibility to MnlDOT to design, develop, construct, and
operate commuter rail in Minnesota and to enter into agreements with joint powers boazds to carry out these responsibilities; and
WFIEREAS, the Rush Line Corridor Task Force intends to work collaboratively with MnNOT and the Metropolitan Council
for the planniiig and development of commuter rail or other nil or rail beneficial related transit modes in the Rush Line
Corridor; and
WHEItEAS, it is the desire of the Saint Paul to become a parry to the Amended and Restated 7oint Powers Agreament, attached
heTeto; now, theiefoxe be it
RESOLVED, that the Council of the City of Saint Paul hereby approves the Amended and Restated Joint Powers A�rzeement
for the Rush Line Corrid4r Task Force and authorizes the Council Chau to sign the Amended and Restated Agceement.
41
Requested by Department of:
'�'Il G�ovi 61-kr �i
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BY� � ��J���-r-rn�tR-c 3-/3-a��
Form Approved by City Attorney�l
�
Form
�
Adoption Certified by Council Secretary
BY� //iL
Appxoved by a r. Date ,� Q
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
�7 �s 8
MO - MayotsOffice
ConWct Person & Phone:
Nancy Homans
Doc. Type: RESOLUTION
E-DOCUment Required: Y
Document Contact:
CoMact phone: 266-8565
13MAR-07
�
Assign
Number
For
Routing
Order
7ota1 # of SignaWre Pages _(Clip Att Locations for Signature)
Green Sheet NO: 3037713
0 Or•s OfLce
�2�. or's Office e arUnent Director
, L` ' Attome
3, a or•s OfSce Ma or/Asaeta�
4 oanN
5 � Clerk " Clerk
Approve amended and restated Joint Powers Agreement for the Rush Line Corridor Task Force.
iaations: npprove (A) or Ke�ect (K): Personal Service Contrects MusY Answer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contrect for this department?
CB CommiNee Yes No
Civil Service Commission 2. Has this person/firtn ever been a city employee?
Yes Na
3. Does this person/firm posses5 a skill not nortnally possessed by any
curtent city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
InRiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Saint Paul has been invited to join the Rush Line Comdor Task Force and parti.cipate in planning for mulri-modal transportation
improvements between IJuluth and the Twin Cities.
AdvanWges If Approved:
Saint Paul will be a full participant in planuing for the Rush Line Corridor,
�r�:� i J 2Q��
Disativantages If Approved:
�isadvanWges If Not Approved:
Planning will proceed without Saint Paul.
Transaction:
Funding Source:
Financial lnformation:
(Explain)
CoSURevenue eutlgeted:
Activ'tty Number:
.-�,t;....0 .> . ., � ;
��r ,, .: ��
March 13, 2007 1_9_29 AM Page 1
o����
AMENDED AND RESTATED
JOINT POWERS AGREEMENT
This Amended and Restated 7oint Powers Agreement, hereinafter together with any
supplements, amendments, or e�ibits (AGREEMENT) is made and entered into on this
day of
200 , by and between ANOKA COUNTY (ANOKA),
CARI.TON COUNTY (CARLTON COUNTI�, CHISAGO COUNTY REGIONAL
RAILROAD AUTHORITY (CHISAGO), PINE COUNTY (PINE), RAMSEY COUNTY
REGIONAL RAILROAD AUTHORITY (RAMSEI�, ST. LOUIS AND LAKE COUNTIES
REGIONAL RAILRAOD AUTHORITY (ST. LOUIS/LAKE), WASHINGTON COUNTY
REGIONAL RAILROAD AUTHORITY (WASHINGTOl�, the city of ASKOV (ASKOV), the
city of ATHINSON (ATKINSOI�, the city of BARNUM (BARNUM), the city of BEROUN
(BEROLTl�, the city of BRUNO (BRIJNO), the city of CARLTON (CARLTOI�, the city of
CENTERVILLE (CENTERVILLE), the city of CLOQUET (CLOQLTET), the city of DULUTH
(DULUTH), the city of DUQUETTE (DUQUETTE), the city of ESKO (ESKO), the city of
FINLAYSON (FINLAYSON), the city of FOREST LAKE (FOREST LAKE), the city of GEM
LAKE (GEM LAKE), the city of HARNEY (HARNEY), the city of HARRIS (HARRIS), the city
of HERMANTOWN (HERMANTQWN), the city of HINCKLEY (FIINCKLEY), the city of
HUGO (HCTGO), the city of KERRICK (KERRICK), the city of LINO LAKES (LINO LAKES),
the city of LTTTLE CANADA (LITTLE CANADA), the city of MAHTOWA (MAHTOWA), the
city of MAPLEWOOD (MAPLEWOOD), the city of MOOSE LAKE (MOOSE LAKE), the city
of NORTH BRANCH (NORTH BRANCH), the city of PINE CITY (PINE CITY), the city of
PROCTOR (PROCTOR), the city of ROCK CREEK (ROCK CREEK), the city of RUSH CITY
(RUSH CITY), the city of RUTLEDGE (RLTTLEDGE), the city of ST. PAUL (ST. PAITL), the
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city of SANDSTONE (SANDSTONE), the city of STACY (STACI�, the city of STURGEON
LAKE (STLIRGEON LAKE), the city of THOMPSON (THOMPSOI�, the city of WHITE
BEAR LAKE (WHTTE BEAR LAKE), the city of WILLOW RIVER (WILLOW RIVER), the
city of WYONIING (WI'OMING), COLUMBUS TOWNSHIP (COLUMBUS), LENT
TOWNSHIP (LENT), 1VICKERSON TOWNSHIP (1VICKERSOI�, RUSHEBA TOWNSHIP
(RUSHEBA), WHTTE BEAR TOWNSHIP (WHITE BEAR TOWNSHIP), and WYOMING
TOWNSHIP. (WYOMING TOWNSHIP), under the authority of and pursuant to the provisions of
Minn. Stat. Chapters 398A and 471.59.
WHEREAS, ANOKA, CHISAGO, PINE, RAMSEY, WASHINGTON, FOREST LAKE,
HARRIS, HiJGO, LITTLE CANADA, MAPLEWOOD, NORTH BRANCH, RUSH CITY,
WHITE BEAR, WYOMING, WHITE BEAR TOWNSHIP, and WYOMING TOWNSHIP entered
into a Joint Powers Agreement establishing the Rush Line Corridor Taskforce (TASK FORCE)
pursuant to Minn. Stat. §§ 471.59 and 398A.04, subd. 9, said AGREEMENT dated Mazch 31, 1999
and
WHEREAS, ANOKA, CAISAGO, PINE, RAMSEY, WASHINGTON, FOREST Lt1KE,
HARRIS, HUGO, LTTTLB CANADA, IvIAPLEWOOD, NORTI3 BRANCH, RUSA CITY,
WHITE BEAR, WXOMING, WHITE BEAR TOWNSHIP and WYOMING TOWNSHIP desire to
amend and restate the 7oint Powers Agreement and include CARLTON COUNTY, ST.
LOUISlLAKE, ASKOV, ATKINSON, BARN[JM, BEROUN, BRUNO, CARLTON,
CENTERVILLE, CLOQLIET, DULUTH, DUQUETTE, ESKO, FINLAYSON, GEM LAKE,
HARNEY, HERMANTOWN, HINCKLEY, KERRICK, LINO LAKES, MAHTOWA, MOOSE
LAKE, PINE CITY, PROCTOR, ROCK CREEK, RUTLEDGE, ST. PAUL, SANDSTONE,
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STACY, STURGEON LAKE, THOMPSON, WII,LOW RIVER, COLiTMBUS, LENT,
NICKERSON, and RUSHEBA as a party to this AGREBMENT; and
WHEREAS, the Rush Line Corridor is defined as the transitway corridor originating in St. Paul
in Ramsey County and extending north from Ramsey County through Washington County, Cl�isago
County, Pine County, and Carlton County to Duluth in St. Louis County; and
WHEREAS, the Rush Line Corridor has significant transportation, safety, and land use issues;
and
WHEREAS, there are opportunities for a variety of multi-modal transportation improvements
in the Rush Line Corridor, including highway, commuter and freight rail, bus rapid transit, multi-
use paths andlor recreational trails including bicycle trails, and Tntelligent Transportation Systems
(ITS}; and
WHEREAS, the parties wish to collaboratively plan for multi-modal transportation
improvements to the Rush Line Corridor and for the related land use and development impacts, and
WHEREAS, the TASK FORCE has completed a transit study on the Rush Line Corridor, and
determined that plamiing far bus, bus rapid transit, and commuter rail in the Rush Line Corridor
should continue; and
WHEItEAS, the Minnesota Deparnnent of Transportarion (Mn/DOT) has completed a study of
the restoration of passenger service from the Twin Cities to Duluth and the Iron Range, and
determined that additional analysis should continue; and
WHEREAS, Minn. Stat, § 174.80 et seq. grants authority and responsibility to the Mn1DOT to
design, develop, conshuct, and operate commuter rail in Minnesota and to enter into agreements
with joint powers boards to carry out these responsibilities; and
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WHEREAS, the TASK FORCE intends to work collaboratively with Mn/DOT and the
Metropolitan Council for the planning and development of commuter rail or other rail or rail
beneficial related transit modes in the Rush Line Corridor; and
WIIEREAS, it is the desire of the parties hereto to amend and restate the March 31, 1999, Joint
Powers Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the mutual promises and covenants herein,
the parties hereto agree as follows:
ARTICLE 1. DEFINITIONS
Unless context otherwise requires, the terms defined in this section shall have the meanings stated
herein:
1. Agreement means this Amended and Restated Joint Powers Agreement.
2. Task Force shall mean the Joint Powers body established herein.
3. Financial Member means individually Anoka County, Carlton County, the Chisago County
Regional Railroad Authority, Pine County, Ramsey County Regional Railroad Authority, St.
L,ouis/Lake Counties Regional Railroad Authority, or Washington County Regional Railroad
Authority.
4. Original Signatory shall mean, individually, Anoka County, Chisago County Regional
Railroad Authority, Pine County; Ramsey County Regional Railroad Authority, Washington
County Regional Railroad Authority, Forest Lake, Harris, Hugo, Little Canada, Maplewood,
North Branch, White Bear, Wyoming, White Bear Township, and Wyoming Township.
5. Corridor county populafion means the population within the corridor of each county, with
the corridor being defined as one mile on either side of the abandoned and active Burlington
Northern Santa Fe (BNSF) railroad corridor in Ramsey County, roughly parallel to Hwy. 61,
one mile on either side of the railroad corridor in Duluth, and five miles on either side of the
railroad corridor far the non-urbanized portion of the corridor. If a different corridor were
selected, the county corridor population would be measured on either side of that corridor
instead.
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ARTICLE 2. PURPOSE
The parties have entered into this agreement for the purpose of jointly exercising the powers granted
to Regional Railroad Authorities organized under the provisions of Minn. Stat. Ch. 398A, including
but not liznited to the acquiring and managing federal, state, and local funding in conjunction with
the Minnesota Depariment of Transportation and the Metropolatan Council, and performing any
responsibilities delegated by the Commissioner of Transportation subject to the conditions tt�at
sufficient funds are received.
ARTICLE 3. TERM
This AGREEMENT shall be effective (EFFECTNE DATE) when adopted by all ORIGINAL
SIGNATORIES. The EFFECTIVE DATE of this AGREEMENT shall be the date on which the
last ORIGINAL SIGNATORY approves the AGREEMENT by action of its governing board or
council. This AGREEMENT shall remain in full force and effect until terntinated by the partias
pursuant to Article 9 of the AGREEMENT.
CARLTON COUNTY, ST. LOCJIS/LAKE, ASKOV, ATKINSON, BARNUM, BEROUN,
BRL3N�, CARLTON, CENTERVILLE, CLOQUET, DULUTH, DUQUETTE, ESKO,
FIIVLAXSON, GEM LA�E, HARNEY, HERMANTOWN, HINCKLEY, KERRICK, LINO
LAKES, MAHTOWA, MOOSE LAKE, PIlVE CITY, PROCTOR, ROCK CREEK, RUTLEDGE,
ST. PAUL, SANDSTONE, STACY, STURGEON LAKE, THOMPSON, WILLOW RIVER,
COLUMBUS, LENT, NICKERSON, and RUSHEBA will become a party to this ACTREEMENT
on the later of the date approved by their governing body or the EFFECTIVE DATE herein stated.
Provided, however, that if CARI,T�N COUNTY, ST. L�iJIS/LAKE, ASKOV, ATKJNSON,
BARNUM, BEROUN, BRUNO, CARLTON, CENTERVILLE, CLOQUET, DULUTH,
DUQUETTE, ESKO, FINLAYSON, GEM LAKE, I3ARNEY, HERMANTOWN, HINCKLEY,
KERRICK, LINO LAKES, MAHTOWA, MOOSE LAKE, PINE CITY, PROCTOR, ROCK
CREEK, RUTLEDGE, ST. PAUL, SANDSTONE, STACY, STURGEON LAKE, THOMPSON,
WILLOW RNER, COLUMBUS, LENT, NICKERSON, and RUSHEBA fail to approve the
AGREEMENT within one (1) year of the EFFECTNE DATE, they will not become parCies to this
AGREEMENT, except by amendment to this AGREEMENT.
ARTICLE 4. JOINT POWERS BOARD
There is hereby created a Joint Powers Board as a public entity, to be lrnown as the Rush Line
Corridor Task Force. The TASK FORCE shall be an entity separate from its member bodies and
shall not be deemed an agent or pariner of the member bodies, and the member bodies shall not be
liable for the actions of the TASK FORCE. The TASK FORCE shall have full authority to exercise
all powers stated herein without approval by the governing body or bodies of any member or
members.
ARTICLE 5. MEMBER5HIP
A. Each party shall appoint one (1) member and one (1) alternate to the TASK FORCE.
TASK FORCE members and alternates must be members of the party which appoints them.
If a TASK FORCE member ceases to be a member of such party, his or her membership on
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the TASK FORCE shall cease on the date of cessarion of such membership, and the
appointing party shall appoint a new member or alternate.
Additional parties may become members of the TASK FORCE by asnendment to this
AGREEMENT pursuant to Article 10 hereof.
All members of the TASK FORCE will have one (1) vote.
B. TASK FORCE membership terxns shall commence on January 15 of a calendaz year and end
on January 14 of the next succeeding year, or until a successor is appointed.
ARTICLE 6. POWERS OF TASK FORCE
The TASK FORCE has such authority as is necessary and proper to make all decisions to cany out
its purpose as described in Article 2. Such powers shall be subject to the provisions of Minn. Stat. §
471.59 and will include, but not be limited to, any or all of the following powers to the extent
provided by law or not otherwise limited by this AGREEMENT.
A. Adopt an annual budget.
B. Enter into transactions, including contracts or leases, required in furtherance of this
AGREEMENT and statutory mandate, and enforce such transactions to the extent available in
equity or at law. The contracting and purchasing requirements of one party designated by the
TASK FORCE shall apply hereto. The TASK FORCE may approve any contract relating to
this AGREEMENT up to the amount approved in the annual budget, and may authorize the
Chair of the TASK FORCE to execute those contracts.
C. Adopt by-laws and any amendments consistent with this AGREEMENT required for the
exercise of the powers and purposes stated in this AGREEMENT. The by-laws may provide
for the appointment of ex officio, non-voting members to the TASK FORCE by the TASK
FORCE.
D. Apply for and accept gifts, grants, loans of money, other property, or assistance on behalf of
the contracting parties 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 property, and assistance in accordance with the terms of the gifts, grants, or
loans relating thereto.
E. Acquire and hold such real and personal property as may be required to accomplish the
purposes of this AGREEMENT and, upon termination of this AGREEMENT, make
distribution of such property as is provided for in this AGREEMENT.
F. Employ agents and employees, and to fix the compensation and all other terms and conditions
of employment thereof.
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G. Incur debts, liabilities, or obligations, which do not consritute a debt of any of the parties. The
3oint Powers Board does not have authority to incur debts, liabilities, or obligations, which
consritute a debt of any of the parties.
H. Sue and be sued in its own name.
All powers granted herein shall be exercised by the TASK FORCE in accordance with the legal
requirements applicable to the rea onal railroad authorities.
ARTICLE 7. OFFICERS, EMPLOYEES, AND SERVICES
A. The TASK FORCE shall elect a Chair and Vice-Chair from its membership at its first regular
meeting each year. The Chair and Vice-Chair shall be elected by the TASK FORCE from its
membership for a terxn of one (1) year. The Chair shall preside at all meetings of the TASK
FORCE, may establish such subcommittees as may be needed from time to time and shall
perform other duties and functions as may be deternuned by the TASK FORCE. The Vice-
Chair shall preside over and act for the TASK FORCE during the absence of the Chair. If
both the Chair and Vice-Chair are absent, the TASK FORCE may elect a temporary Chair to
conduct its business, provided a quorum is present.
Notwithstanding any provision to the contrary, following the EFFECTIVE DATE of this
AGREEMENT, the ternl of the prior TASK FORCE's officers shall automatically expire and
a special election shall be held to elect interim officers. The term of the interim officers
commence upon election by the TASK FORCE and continue until the first regular meeting of
the following year, at which time elecrions will be held to elect permanent officers pursuant to
this section who will serve a term according to this section.
B. Executive Committee. The TASK FORCE shall establish an Executive Committee of the
TASK FORCE consisting of the representative of each Financial Member. The Executive
Committee shall develop and make recommendations to the TASK FORCE regarding the
ongoing responsibilities of the TASK FORCE, and shall have such other duties as set forth in
the TASK FORCE's by-laws.
C. Staff. Each party may provide staff support to the TASK FORCE, subject to the approval of
the TASK FORCE.
D. Vacancies. If an appointment of any TASK FORCE member or altemate is vacated before
the end of his or her term, the vacancy shall be filled by appointment by the appropriate
appointing goveming body. V acancies shall be filled within thirty (30) days of their
occurrence. A vacancy shall be deemed to have occurred when any of the condirions
specified in Minn. Stat. § 351.02 exist.
E. Meetin�s. The TASK FORCE shall meet at regular intervals at such times and places as the
TASK FORCE shall establish in its by-laws. Special meetings may be held on reasonable
notice by the Chair or any two members upon terms and condirions as the TASK FORCE may
determine and that conform to the Minnesota Open Meeting Law, Minn. Stat. § 13D.
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F. Committees. The TASK FORCE may establish stauding comxnittees of the TASK FORCE
by providing for such comxnittees by resolution. The Chair may establish ad hoc committees
of the TASK FORCE.
ARTICLE 8. FUNDING
A. Financial Members' Contributions. The TASK FORCE will collect, if detennined by the
TASK FORCE to be needed, the funding for items listed below. This funding shall be based
on corridor county population for the most recent census year or most recent state
demographer data available. For capital projects located in one county, that county or regional
railroad authority would be expected to fund the non-federal portion of the project costs if
federal funds are received for that proj ect.
(a) Administrative costs shall include but not limited to salaries and fringe
benefits, rent, utilities, transportation, travel, telephone, office supplies,
insurance, accounting and legal fees not relating to a specific corridor, and
membership fees and dues incurred by the Board.
B. Annual Budeet. For the calendar year next following the calendar year in which the
EFFECTIVE DATE occurs and all subsequent years, the TASK FORCE shall establish and
approve a budget.
C. Financial Members' Budaet Approval. Adoption of the budget shall require unanimous
approval of the Financial Members.
D. Contribution Date. Except for any initial contriburion required by this AGREEMENT,
assessments made under the provisions of this article shall be paid by each Financial Member
by January 3 of each year. The initial contribution shall be made within sixty (60) days of the
adoption of the budget pursuant to Article 8(A) thereof.
A. BudEe6ng, Accountina. Fiscal Agent, and Other Services. The TASK FORCE may
contract with any party to provide contract management, legal review, and budgeting and
accounting services necessary or convenient for the TASK FORCE and otherwise act as the
TASK FORCE's fiscal agent. Such services shall include, but not be limited to, management
of all funds, including contributions and grant monies, payment for contracted services, and
relevant bookkeeping and record keeping. The contracting and purchasing requirements of
the member so selected shall apply to transactions of the TASK FORCE. Such member shall
identify the staff person to work as liaison with the TASK FORCE.
B. Accountabilitv for Funds. All funds shall be accounted for according to generally acceptable
accounting principles. A report on all receipts and disbursements shall be forwarded to the
TASK FORCE on an annual basis. The parties have the authority to request reports pertaining
to any and all budgeting and accounring services. All interest earned from established TASK
FORCE funds shall be credited back to that same fund.
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ARTICLE 9. WITHDRAWAL AND TERNIINATION
A. Withdrawal. tlny party may withdraw from this AGREEMENT upon 90-days prior written
norice evidenced by resolution of the party's governing body to the TASK FORCE. In the
event of withdrawal by any party, this AGREEMENT sha11 remain in full force and effect as
to all remaining parties.
B. Effect of Withdrawal. Disposition of Propertv. Funds, and Obli¢arions. A party
withdrawing from this AGREEMENT shail, prior to such withdrawal, pay the full amount of
any unpaid assessments to the TASK FORCE as defined in Article 8(A). A parry
withdrawing from this AGREEMENT shall not receive a distribution of property or funds
until such time as this AGREEMENT is terminated by all parties pursuant to this Article 9.
Such disposition of property shall be in accordance with the provisions of Section D of this
Article 9.
Any member withdrawing shall be liable for any assessment in the year in which the
withdrawal becomes final only for the period in such yeaz that the party remains a party. The
party's assessment shall not exceed the sum of one-twelfth (1l12` the full assessment
multiplied by the nuxnber of months or fractions thereof in the year during which the party
remains a party.
C. Termination. This AGREEMENT shall terminate upon the occurrence of any one of the
following events:
(a) When necessitated by operation of law or as a result of a decision by a court of
competent jurisdiction; or
(b) When a majority of the parties agrees to terminate this AGREEMENT.
D. Disposition of Propertv and Funds. At such tune as this AGREEMENT is terminated, any
property interest remaining in the TASK FORCE, following discharge of all obligations owed
by the TASK FORCE, shall be disposed of and the proceeds of the property shall be returned
to the parties in proportion to their contriburion.
E. Effect of Withdrawal of Financial Member on Budget In the event a Financial Member
withdraws, the unpaid assessment allocable to such member in the year of withdrawal and
subsequent years shall be reallocated to the remaining Financial Members in proportion that
the assessment allocations under Article 8(A) hereof bear to each other.
ARTICLE 10. MISCELLANEOUS
A. Amendments. This AGREEMENT may be amended by unanimous agreement of the parties
as evidenced by resolutions adopted by the respective governing bodies.
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B. Records, Accounts, and Reports. The TASK FORCE shall establish and maintain such
funds and accounts as may be required by aood accounting practices. T'he books and records
of the TASK FORCE shall be subject to the provisions of Minn. Stat. Ch. 13, the Minnesota
Government Data Practices Act, and Minn. Stat. § 16C.05, subd. 5. The TASK FORCE,
within one hundred twenty (120) days after the close of each fiscal year, which shall be
7anuary i to December 31, shall b ve a complete written report of all financial activities for
such fiscal year to the parties.
C. Counterparts. This AGREEMENT may be executed in two or more counterparts, each of
which shall be deemed an original, but all of wkuch shall constitute one and the same
instrument.
D. Severabilitv. The provisions of this AGREEMENT are severable. If any paragraph, section,
subdivision, sentence, clause, or phrase of the AGREEMENT is for any reason held to be
contrary to law, or contrary to any rule or regulation hauing the force and effect of law, such
decision shall not affect the remaining portions of this AGREEMENT.
E. Entire Agreement. This AGREEMENT constitutes the entire agreement between the parties
and supersedes all prior written or oral agreements relating to the TASK FORCE.
F. Alternative Dispute Resolution. Tn the event of a dispute arising under this AGREEMENT,
the parties and the TASK FORCE agree to attempt to resolve their dispute by following the
process described below:
(1) A party shall provide written notice to the TASK FORCE describing perceived
conflict, positions, and underlying reasons.
(2) The TASK FORCE or member shall provide written response to notice within seven
(7) days of receipt of notice.
(3) The parties shall meet within 14 days of receipt of response with a neutral facilitator.
The neutral facilitator will be a representative from the Minnesota Office of Dispute
Resolution. Costs of such facilitator sha11 be shared equally by all parties to the
dispute.
(4) At the first meeting the neutral facilitator will assist the parties in idenCifying the
appropriate parties and participants in the dispute resolution process, their concerns,
a meeting agenda and design for any subsequent meetings. The parties shall agree
on a process for resolving the problem that would involve additional negotiarions,
mediation, or arbitra6on.
(5) In developing the process, the parties will be guided by the following
principles:
(i) the parties will attempt iz� good faith to reach a negotiated settlement;
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(ii) the parties agree that there must be fair representation of the parties directly
involved in the dispute;
(iii) the parties will use legal proceedings as a last resort; and
(iv) in the event the parties aze unable to resolve the dispute, each party retains all
rights, remedies, or defenses it had prior to entering the process.
(6) The parties will report to the TASK FORCE within 60-days of their first meeting on
the resolurion of the dispute or a recommendation to commence legal proceedings.
IN WITNESS WHEREOF, the parties to this AGREEMENT have hereunto set their hands on the
date written below.
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ST. PAUL
Council Pi sident
Date
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