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HomeMy WebLinkAbout2006-100 CCRMember Diane Niesen introduced the following resolution and moved its adoption: RESOLUTION NO. 2006-100 RESOLUTION RELATING TO NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL; AUTHORIZING THE EXECUTION AND DELIVERY OF AN AMENDED JOINT AND COOPERATIVE AGREEMENT WHEREAS, the City is a party to the Joint and Cooperative Agreement (Agreement) establishing an organization known as Northwest Hennepin Human Services Council (NWHHSC). The Agreement is originally dated December, 1975, and was amended previously in 1980, 1989, and 2004; and WHEREAS, NWHHSC was created as an organization through which the parties may jointly and cooperatively coordinate the provision of human services, both publicly and privately, in the cities represented by the member parties; and WHEREAS, the Executive Board of Directors of NWHHSC has recommended that it is necessary and desirable that the Agreement be amended to clarify certain definitions and procedures of NWHHSC; and WHEREAS, this Council is presented with an Amended Joint and Cooperative Agreement; and WHEREAS, this Amendment is on file with the City Clerk with a copy attached hereto; and WHEREAS, it is found and determined that it is in the best interests of the City that the Agreement be amended as proposed; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER as follows: 1. That the Amended Joint and Cooperative Agreement is approved. 2. That the City Clerk is authorized and directed to deliver the signed Amended Joint and Cooperative Agreement to Northwest Hennepin Services Council. September 11, 2006 i Date Arayo4r ATTEST: ~V/~u~ City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kathleen Carmody and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kathleen Carmody, Kay Tasman, and Diane Niesen; and the following voted against the same: Mary O'Connor whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 2006-100 AMENDED JOINT AND COOPERATIVE AGREEMENT NORTHWEST HENNEPIN HUMAN SERVICES COUNCIL The Parties to this Agreement are governmental units of the State of Minnesota. This agreement is made pursuant to Minnesota Statutes Section 471.59. ARTICLE I. GENERAL PURPOSE 1 Section 1. The general purpose of this Agreement is to define the scope of operations and governance of an organization through which the Parties may jointly and cooperatively coordinate the providing of human services, both publicly and privately, in the territory of the Parties, thereby accomplishing charitable ends as such term is defined in Section 501(c)(3) of the Internal Revenue Code of 1986. Section 2. This Amended Agreement supersedes the Joint and Cooperative Agreement made by the Parties as of December 1975, which created the Northwest Hennepin Human Services Council. ARTICLE II. DEFINITION OF TERMS For the purpose of the Agreement, the terms defined in this Article shall have the meanings given them as follows: Section 1. "Northwest Hennepin Human Services Council" shall be the organization described and governed pursuant to this Agreement. Section 2. "Board" shall mean the Board of Directors of the Northwest Hennepin Human Services Council. Section 3. "Governmental Unit" shall mean a city or township. Section 4. "Party" shall mean a governmental unit which enters into this agreement. Section 5. "Human Services" shall include but not be limited to services and facilities to deal with and serve human needs relating to mental health, drug and alcohol abuse, family counseling, shelter, nursing and home health assistance, health education, primary health care, daycare, and other related matters. Section 6. "Active Member" shall mean a Party that is obligated to provide funding for the Northwest Hennepin Human Services Council during a specified budget year. RESOLUTION NO. 2006-100 ARTICLE III. PARTIES Section 1. The Governmental units, hereinafter referred to as "municipalities," eligible to become Parties to this Agreement are: Brooklyn Center Dayton New Hope Brooklyn Park Golden Valley Osseo Champlin Hanover Plymouth (north of 55) Corcoran Hassan Township Robbinsdale Crystal Maple Grove Rogers Section 2. Any governmental unit desiring to enter into this Agreement may do so by the duly authorized execution of a copy of this Agreement by its proper officers. Thereupon, the clerk or other corresponding officer of the governmental unit shall file a duly executed copy of the Agreement, together with a certified copy of the authorizing resolution or other action, with the Executive Director of the Northwest Hennepin Human Services Council. The resolution authorizing the execution of the Agreement shall also designate the first director and alternate director for the member. ARTICLE IV. BOARD OF DIRECTORS Section 1. The governing and policymaking responsibilities of the Northwest Hennepin Human Services Council shall be vested in its Board of Directors, which shall control its property, be responsible for its finances, and direct its affairs. Each Active Member shall be entitled to one director who shall have one vote for each 1,000 or fraction thereof of the municipality's current population as determined by the Metropolitan Council or by special census. Section 2. Each Active Member shall also be entitled to one alternate director who shall be entitled to attend meetings of the Board and who may vote in the absence of the Member's director. Section 3. Directors and alternate directors shall be appointed by the governing body of each Party. Active members should appoint as directors and alternates persons who are interested in human services, and who can act in behalf of the cities they represent. Directors and alternates shall serve without compensation from the Northwest Hennepin Human Services Council, but this shall not prevent an Active Member from providing compensation for its director or alternate director if such compensation is authorized by such municipality in accord with state and local law. Section 4. There shall be no voting by proxy, but all votes must be cast in person at Board meetings by the director or alternate. Section 5. Directors and alternate directors shall be appointed to serve until their successors are appointed and qualified. 2 RESOLUTION NO. 2006-100 Section 6. When the governing body of an Active Member appoints a director or alternate director it shall give notice of such appointment to the Northwest Hennepin Human Services Council in writing. Section 7. Any director or alternate director shall serve at the pleasure of the governing body of the appointing Active Member. Section 8. A majority of the number of votes attributable to then-Active Members shall constitute a quorum for meetings of the Board. ARTICLE V. POWERS AND DUTIES OF THE BOARD Section 1. The powers and duties of the Board shall include the powers set forth in this Article and as otherwise provided by statute. Section 2. It may employ a person to act as Executive Director of the Board and may employ such other persons as it deems necessary to accomplish its powers and responsibilities. Any such persons may be employed on a full-time, part-time, or consulting basis, as the Board may determine. Section 3. It may make such contracts as the Board deems necessary and advisable to make effective any power to be exercised by the Board pursuant to the provisions of this Agreement. Section 4. It may provide for any of its employees to be members of the Public Employees Retirement Association and may make any required employer contributions to that organization and any other employer contributions which municipalities are authorized or required by law to make. Section 5. It shall establish an annual budget for the Northwest Hennepin Human Services Council. Section 6. It may invest or reinvest funds not needed for current operating expenses, if any, in the manner applicable by law to cities. It shall not at any time incur obligations in excess of funds then available to it. Section 7. It shall make a financial accounting and report to the Parties at least once each year and its books and records shall be audited annually and be available for and open to examination by the Parties at all reasonable times. 3 RESOLUTION NO. 2006-100 Section 8. It may accept gifts, apply for and use grants or loans of money or other property from the State, Hennepin County, or any other governmental units or organizations and may enter into agreements required in connection therewith and may hold, use, and dispose of such monies or property in accordance with the terms of the gift, grant, loan or agreement relating thereto. Section 9. It may contract for space, materials, services, and supplies with a member Parry or elsewhere. Section 10. It may appoint one of its members to serve as liaison to the Advisory Commission. Section 11. It shall have the power to enter contracts with other agencies, companies, or individuals to provide services according to the recommendations found in its human services plan as comprehended herein. Section 12. It may provide, within its resources, for the indemnification of directors, officers, and employees against reasonable costs and expenses incurred by any of such persons in connection with any action, suit, or proceeding in which he may be involved by reason of his having been a director, officer, or employee, except amounts paid or payable to the Board itself, and except in relation to matters as to which he shall be finally adjudged in any action, suit, or proceeding to have been derelict in the performance of his duties as such director, officer, or employee. Such indemnification need not be exclusive of other rights to which any such person would be entitled as a matter of law. Section 13. It may conduct research and investigation regarding existing and possible future human services facilities and programs and may develop a proposed plan for the rendering of human services. Section 14. It may prepare an inventory of human services facilities, services, and agencies, both public and private, available to persons being or residing in the territory of the Parties. It may make an evaluation of any existing or proposed human service programs, may call attention to human services needs and to redundant human services programs, and may undertake to stimulate, encourage, and coordinate human services programs, public and private, within the territory of the Parties. Section 15. It may exercise any other power necessary and incidental to the implementation of its powers and duties under the provisions of this Agreement. 1 4 RESOLUTION NO. 2006-100 ARTICLE VI. MEETINGS - ELECTION AND DUTIES OF OFFICERS Section 1. At the annual meeting of the Board each even-numbered year thereafter, the Board shall elect from its members a chairman, a vice-chairman, and a secretary-treasurer. New officers shall take office at the adjournment of the annual meeting of the Board at which they are elected. Section 2. A vacancy shall immediately occur in the office of any officer upon his resignation, death, or otherwise upon his ceasing to be a representative of his governmental unit. Upon vacancy occurring in any office, the Executive Committee shall fill such position until the next meeting of the Board. Section 3. The three officers shall all be members of the Executive Committee. Section 4. The chairman shall preside at all meetings of the Board and the Executive Committee. The vice-chairman shall act as chairman in the absence of the chairman. Section 5. The secretary-treasurer shall be responsible for keeping a record of all the proceedings of the Board and the Executive Committee, for custody of all funds, for the keeping of all financial records of the organization and for such other matters as shall be delegated to him by the board. Any persons may be engaged to perform such services under his supervision and direction when authorized by the Board. He shall post a fidelity bond or other insurance against loss of organization funds in an amount approved by the Board at the expense of the organization. Section 6. At all times the Board shall have bylaws governing its procedures, including the time, place, frequency and notice of its regular meetings and the manner of calling special meetings. Such bylaws shall provide for no less than two Board meetings each year, including an annual meeting of the Board in January. The bylaws may be amended from time to time by a majority of the votes attributable to all then-Active Members. ARTICLE VII. FINANCIAL MATTERS Section 1. The fiscal year of the Northwest Hennepin Human Services Council shall be the calendar year. Section 2. An annual budget shall be adopted by the Board at a meeting no later than July. Copies shall be mailed, promptly thereafter, to the chief administrative officer of each member Party. An Active Member may elect to become inactive by giving written notice to the Executive Director by September 30 of the year preceding the budget year for which the municipality will be on inactive status. Any Active Member that does not give timely written notice shall remain an Active Member and accordingly be obligated to provide financial support in the amount specified by the annual budget. 5 RESOLUTION NO. 2006-100 Section 3. Organization funds shall be expended by the Board consistent with the requirements of applicable law and the Bylaws. The Board of Directors shall adopt appropriate financial policies that enable it to exercise appropriate fiduciary oversight of the organization's affairs. Section 4. Contracts shall be let and purchases made in conformance with the legal requirements applicable to contracts and purchases of statutory cities. ARTICLE VIII. WITHDRAWAL Section 1. Any Active Member Parry may withdraw from the Northwest Hennepin Human Services Council by giving written notice of withdrawal. A Party withdrawing from membership at a time when such withdrawal does not result in dissolution of the organization shall forfeit its claim to any assets of the organization. Withdrawal from the organization does not relieve the withdrawing member of its financial obligation for the budget year in which the notice is given or, unless the notice complies with Article VII, Section 2, for the following budget year. ARTICLE IX. DISSOLUTION Section 1. The organization shall be dissolved by a two-thirds vote of the Board. Section 2. Upon dissolution the remaining assets of the organization, after payment of all obligations, shall be distributed among the the existing Active Members in proportion to their contributions, as determined by the Board. If there have been no such contributions, the assets of the organization shall be returned to Hennepin County. ARTICLE X. DURATION Section 1. This Agreement shall continue in effect indefinitely, until terminated in accordance with its terms. ARTICLE XI. EFFECTIVE DATE Section 1. This agreement shall become effective upon its execution by governmental units eligible to become Parties to this Agreement pursuant to Article III, Section 1 whose residents in total number equal or exceed 67% of the current total population of all eligible governmental units. 6 RESOLUTION NO. 2006-100 ARTICLE XII. ADVISORY COMMISSION Section 1. The scope of activity of the Northwest Hennepin Human Services Council Advisory Commission shall consist of advising the Northwest Hennepin Human Services Council regarding human services matters and performing various duties and assuming responsibilities delegated by the Board of Directors. Section 2. In fulfillment of its purpose and as authorized by the Board of Directors, the general duties and responsibilities of the Commission shall be to: (1) recommend service goals, policies, program priorities, objectives and standards for the service area. (2) promote area agency coordination, communication and role clarification. (3) review program alternatives and recommend to the Board of Directors. (4) monitor and guide task forces appointed to provide in-depth study of specific programs or social problems. 1 (5) advise the Board of Directors on the annual work plan and budget requirements. (6) publicize availability of services. Section 3. The Commission shall consist of two members appointed by the governing body of each Party having a current population of at least 7500 and one member from each of those Parties having less than 7500 population. Section 4. The Commission shall elect from its members a chairman, a vice- chairman, and a recording secretary at the January meeting of the Commission each odd- numbered year. The chairman shall preside over meetings of the Commission, represent the Commission before the Council and provide liaison with other governmental and volunteer organizations engaged in human services activities. The chairman may be removed from office by the Board. The vice-chairman shall perform such duties as may be assigned by the chairman and shall assume the chair in the absence of the chairman. The recording secretary shall record the minutes and maintain other records of the Commission. Section 5. Commissioners shall be appointed for terms of two years except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Upon expiration of his term of office a member shall continue to serve until his successor is appointed and shall have qualified. Commissioners shall serve without compensation. 7 RESOLUTION NO. 2006-100 Section 6. Commissioners may resign voluntarily and other than the chairman may be removed from office by a majority vote of the governing body of the appointing Parry. Vacancies shall be filled in the manner that original appointments were made. Section 7. In appointing persons to the Commission, the Parties should give consideration to a broad spectrum of individuals exhibiting an interest in human services, including health officers, health professionals, senior citizens, young adults, law enforcement members, members of the clergy, representatives of business and labor, etc. Section 8. Subject to approval by the Northwest Hennepin Human Services Council the commission shall adopt such rules and procedures not inconsistent with these provisions as may be necessary for the proper execution and conduct of its business. ARTICLE XIII. AMENDMENT This Agreement may be amended by mutual agreement of all member Parties that are Active Members for the year in which the amendment is made. Notice of all proposed amendments must be provided to all Active Members prior to the adoption of the amendment, and adopted amendments must be mailed to all member Parties. Any governmental unit eligible to become Party to this Agreement that elects to become an Active Member after the adoption of an amendment is deemed to consent to the amendment. In WITNESS WHEREOF, the undersigned Parties have caused this Agreement to be executed on their behalf. DATE CITY OF BY Its Mayor BY Its City Manager 8