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HomeMy WebLinkAboutContract 19761976 Anoka County Contract Na. 2006-0318 JOINT POWERS AGREEMENT FOR SOUTHERN ANOKA COUNTY COMMUNITY CONSORTIUM The parties to this Agreement are the County of Anoka, the City of Columbia Heights, the City of Fridley, the City of Hilltop, Independent School District No. 13, Independent School District No. 14, all of which are government units of the State of Minnesota. This agreement is made pursuant to Minnesota Statutes, Section 471.59. ARTICLE I. GENERAL PURPOSE The general purpose of this Agreement is to create an organization to be known as the Southern Anoka County Community Consortium ("SACCC"} through which the parties may jointly and cooperatively coordinate the delivery of services, maximize the use of resources, avoid redundancies, encourage public-private community partnerships, and develop and fund programs to promote the general community health and welfare in the territory of the cities and governmental units herein. ARTICLE II. PARTIES Section 1. The governmental units eligible to became parties to this Agreement are Anoka County, the City of Columbia Heights, the City of Fridley, the City of Hilltop, Independent School District No. 13, Independent School District No. 14, and such other governmental units sharing common concerns and as maybe designated by the Board of Directors from time to time. Section 2. Any eligible governmental unit desiring to enter into this Agreement may do sa by ti ie d'uiy 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 Board of Directors. The resolution authorizing the execution of the Agreement shall also designate the first directors and alternate director. ARTICLE Ifl. I3OA D OF DIRECTORS Section 1. The governing and policy-making responsibilities of SACCC shalt be vested in its Board of Directors, which shall control its property, be responsible far its finances, and direct its affairs, Each party shalt be entitled to two directors who shall have one vote each. Section 2. Each party shat! also be entitled to one alternate director who shat! be entitled to attend meetings of the Board and may vote in the absence of the party's director. Section 3. Directors and alternate directors shall be appointed by the governing body of each party. Directors and alternates shall serve without compensation from SACCC, but may be paid expenses for attendance at meetings of, or on behalf of, the Board. A party may provide compensation for its director or alternate director if such compensation is authorized by such governmental unit and by 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 director. Section 5. Directors and alternate directors shat! be appointed to ser`fe until their successors are appointed and qualified. Section 6. When the governing body of a parry appoints a director or alternate director, it shall give notice of such appointment to the SACCC in writing. Section 7. Any director or alternate director shall serve at the pleasure of the governing body of the appointing party. Section 8. A majority of the votes attributable to the parties shall constitute a quorum of the Board. A simple majority vote of the directors present at a meeting with a valid quorum shall be required for the Board to take action, unless otherwise provided in this Agreement or by law. Section 9. The Board by majority vote may designate ex-officio members who shall be entitled to attend and participate in Board meetings, but shal(not be entitled to vote. Such ex-officio members shall serve for a term of two years, and may be re-appointed. ARTICLE IV. P®WERS AND DUTIES OF THE B®ARD Section 1. The powers and duties of the Board shall include the powers set forth in this Article. Section 2. ft may employ a person to act as Executive Director of the Board and may employ such other persons as it deems necessary to accomplish the purposes of this Agreement, to carry out its responsibilities, or to effectuate its powers. Any such persons may be employed on a foil-time, part-time or consulting basis, as the Board may determine. -2- 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 tat 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 contribution 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. 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. Organization funds maybe expended by the Board in accordance w':th procedure established bylaws far the expenditure of funds by the members hereto. The Board, annually, shall appoint a fiscal agent from among its members to sign orders, checks and drafts. Other legal instruments shall be executed on behalf of the Board by the chair and vice-chair. Section 6. It shall maintain a strict accounting of all funds and report of all receipts and disbursements. 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 far and open to examination by the parties at all reasonable times. Section 7. It may accept gifts, apply for and use grants of money or other property from the State of Minnesota or any other governmental or private organization 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 8. It may contract or lease for space, materials, services, and supplies with a . _._ _i _...~_.. ~., .~+.... ,.+ ~,.+.....J .-... ..h .-..,r. mnrl r~ oholl n in c nfnrmanre iniith flip memDef part}/ Vf elSCwrlCle. vuiiuctt:is iCt aiiu ~/ur~.i~aoca ii~u~.+c S~~u~~ ~. G`. ..~.,. requirements applicable to Anoka County. Section 9. It shall have the power to enter into contracts with other agencies, companies, or individuals to provide services according to the terms of such contracts. Section 10. Subject to the limitations contained in Minnesota Statues 466.07, it shall defend and indemnify directors, officers, and employees against claims for damages, casts and expense incurred by any of such persons in connection with any action, suit or proceeding in which such person may be involved by reason of such person's having been a director, officer, or employee. Such defense and indemnification need not be exclusive of other rights to which any such person would otherwise be entitled as a matter of law. -3- Section 11. It may establish annual monetary contributions, and any supplements thereto, from the member governmental units in amounts to be determined by the Board form time to time. Any such proposed annual contributions shall be reported to the member governmental units at least two months prior to the end of SACCC's fiscal year and shall not become effective until the commencement of the ensuing fiscal year. Section 12. It may budget for and purchase insurance against risks which may arise out of the operation of this Agreement, including the actions of the Board of Directors, its officers, directors, employees, and member parties. Section 13. It may exercise any other power necessary and incidental to the implementation of its powers and duties under the provisions of this Agreement. ARTIC<_E V. MEETINGS -ELECTION AND DUTIES C}F C3FFICERS Section 1. At the first meeting of the Board of Directors of SACCC and at the annual meeting of the Board each even-numbered year thereafter, the Board shall elect from its members a chair and vice-chair. 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 resignation, death, or otherwise upon such officer ceasing to be a representative of a governmental unit. Upon vacancy occurring in any office, the Board shall fill such position at its meeting. Section 3. At the organizational meeting or as soon thereafter as may reasonably be done, the Board shall determine its procedures, including the time, place, frequency and notice of its regular meetings and the manner of calling special meetings. ARTICLE vl. vvlT`r;DA`~YAL Section 1. Any member party may at any time give written notice of withdrawal from SACCC. A party withdrawing from membership at a time when such withdrawal does not result in dissolution of the organization sha(i forfeit its claim to any assets of the organization, including any contributions pursuant to Article IV, Section 11. ARTICLE VI1. DISSOLUTION Section 1. The organization shall be dissolved whenever (a) aggregate withdrawals of member parties representing more than one-half of the area population occurs, or (b) by a majority vote of ail members of the Board. -4- Section 2. Upon dissolution the remaining assets of the organization, after payment of all obligations, shall be distributed among the then existing member parties 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 Anoka County. ARTICLE VI16. TERM The term of this Agreement shall commence on January 1, 2007, and shall continue in full farce and effect until December 31, 2008, unless earlier terminated by the parties pursuant to Article VII of this Agreement. This Agreement may be renewed for additional terms of two years each by resolution of all of the governing bodies of the parties hereto, prior to the expiration date of this Agreemeo t. ARTICLE IX. EFFECTIVE DATE This Agreement shall become effective upon its execution by the parties hereto. -5- IN WITNESS WHEREOF, the parties hereto have hereunto set their hands. ATTEST By. Terry L. Jobfnsonf County A ministrator COUNTY QF ANt3KA `~' i ,~ W, ~ _-~ ~, gy. ~` ~ , ~ f.2~ -i - . ~ J . tam Margaret ngfeld, Chair ~f .~:°'~ County,8 and of Commissioners Dated: Dated; ATi'EST Title. ~~ ~, ~: f~.- ~~~~ ~.,~ Dated: st ' ~ ~ ,~ ~~~ C>~ ~~ CITY OF COLUMBIA HEIGHTS • f ~. Walter Fehst Manag~e`r Dated: ,~ ¢~~ ~~~`` CITY OF FRIDLEY :° Dr. William W. Burns Manager ¢ ` '~a" Dated: ~ -~ Dated: __~ ATTEST CITY OF Htt_LTOP Ruth Nelson e ,~~ Title ~~,~,e~'C ~~:°€<`~ l ~ , ~ _ _ m ., Its• '~~ ~ ~. j Dated: ~.~-- ~.:- ~ ~' Dated: ~~-_ ~,?--~°' -6- ATTEST ~~: ATTEST f,~-. ,~ ~ ~_ ~~ f l~r2ci ~ , Title: f~> L. `~-~_ <~~ ,.---`'r~=~-''~. Dated: f~- ~~' c ~`~ ~ ~ y 4 ~.' J I:\CIVAl-f"Y\KCL\Confracts\2066\SACC JPA.doc INDEP .~ gy: a Its: A Dated: INDEPENDENT SCHOOL DISTRICT #14 Mark A. Robertson Superintendent Dated: ~ ~° -~-