THIS AGREEMENT is made by and between the political subdivisions organized and existing under the Constitution and laws of the State of Minnesota, hereafter collectively referred to as “Parties”, and individually as “Party” which are signatories to this “Agreement.”
Minnesota Statutes, Section 471.59 provides that two or more governmental units may by Agreement jointly exercise any power common to the contracting Parties; and
Minnesota Statutes, Section 145A.17 provides that a political subdivision shall establish a program to fund family home visiting programs with children that meet the guidelines provided in the statute.
In consideration of the mutual promises and Agreements contained herein and subject to the provisions of Minnesota Statutes, Sections 471.59 and Minnesota Statute Section 145A.17 and all other applicable statutes, rules and regulations, the following Parties:
|Big Stone County||Chippewa County|
|Douglas County||Grant County|
|Kandiyohi County||Lac Qui Parle County|
|Lincoln County||Lyon County|
|McLeod County||Meeker County|
|Murray County||Pipestone County|
|Pope County||Redwood County|
|Renville County||Rock County|
|Stevens County||Swift County|
|Traverse County||Yellow Medicine County|
Hereto agree as follows:
The Parties desire to establish a mechanism whereby they may jointly exercise powers common to each participating Party on issues requiring coordination to:
Nothing in this Agreement shall act as a waiver by a participating Party of its individual power and legal authority to provide public health or community health services. Neither is it intended to modify prior agreements of the Parties to jointly provide public health or community health services.
The name of this entity shall be the Supporting Hands Nurse Family Partnership Joint Powers Board, hereinafter sometimes referred to as Supporting Hands Nurse Family Partnership.
4.1 Charter Members - A Party desiring to become charter member of the Supporting Hands Nurse Family Partnership shall indicate its intent by adoption of a board resolution prior to June 30, 2007.
4.2 New Members - Membership in the Supporting Hands Nurse-Family Partnership shall be open to any Minnesota county governmental unit including, but not limited to joint powers agencies, of the State of Minnesota that are deemed by the Board of the Supporting Hands Nurse-Family Partnership to qualify for membership. The Supporting Hands Nurse-Family Partnership (SHNFP) Board may define membership requirements for a new Party and may impose such conditions of membership as it deems appropriate to protect the interest of the SHNFP and to provide for the benefit of its members. Addition of a new Party shall require a majority vote of the Board.
4.3 Compliance - A Party agrees to abide by the terms and conditions of the program; including but not limited to the Nurse Family Partnership implementation agreement, Supporting Hands Nurse Family Partnership Joint Powers Agreement, bylaws, policies and procedures adopted by the Board.
4.4 - Financial Obligation - Each Party will annually contribute to the budget of the Supporting Hands Nurse Family Partnership Joint Powers as outlined in Article 8.2.2.
5.1 Governing Board - The governing board formed pursuant to this Agreement shall be known as the Board.
5.2 Officers of the Board - The Board shall elect a Chair and Vice Chair from its membership who shall serve through December 31st of the year when first elected and until a successor is elected.
5.3 Secretary Committees: - The Board shall have the authority to appoint such committees as it deems necessary to fulfill the purpose of the organization including, but not limited to:
5.4 Meetings - The Board shall meet at least annually at a time determined by the Board. The Board shall comply with Minnesota Statutes Chapter 13D (Open Meeting Law).
5.5 Voting - A quorum shall consist of no less than fifty-one percent (51%) of board members or alternates eligible to vote. Board actions shall be determined by a majority of the votes cast at the meeting. Abstentions shall not be counted as votes cast for the purpose of this section. Proxy votes are not permitted.
5.6 By-Laws - The Board may adopt bylaws to govern its operations. Such bylaws shall be consistent with the Agreement and applicable law.
5.7 Amendments - This Agreement may be amended from time to time as deemed necessary. Changes to this Agreement or the bylaws require a two-thirds vote of the Board as defined in Section 5.5.
5.8 Records, Accounts and Reports - The books and records, including minutes and the original fully executed Agreement of the Board, shall be subject to the provisions of Minn. Stat. Ch. 13. They shall be maintained by McLeod County located at 830 11th Street East, Glencoe, Minnesota 55336. Records, accounts and reports shall be maintained by the Secretary.
The Board shall formulate a plan to carry out its purposes pursuant to Article 2.
All responsibilities not specifically set out to be jointly exercised by the Board under this Agreement are hereby reserved to the Parties.
8.1 General Powers - The Board is hereby authorized to exercise such authority and powers common to the Parties as is necessary and proper to fulfill its purposes and perform its duties. Such authority shall include the specific powers enumerated in paragraph 8.2.
8.2 Specific Powers
The Board may contract with any of the Parties or others to provide budgeting/accounting and personnel services necessary or convenient for the Supporting Hands Nurse Family Partnership including, but not limited to:
9.1 Applicability - The Supporting Hands Nurse Family Partnership Joint Powers shall be considered a separate and distinct public entity to which the Parties have transferred all responsibility and control for actions taken pursuant to this Agreement. Supporting Hands Nurse Family Partnership Joint Powers shall comply with all laws and rules that govern a public entity in the State of Minnesota and shall be entitled to the protections of M.S. 466.
9.2 Indemnification and Hold Harmless The Supporting Hands Nurse Family Partnership Joint Powers shall fully defend, indemnify and hold harmless the Parties against all claims, losses, liability, suits, judgments, costs and expenses by reason of the action or inaction of the Board and/or employees and/or the agents of the Supporting Hands Nurse Family Partnership Joint Powers. This Agreement to indemnify and hold harmless does not constitute a waiver by any participant of limitations on liability provided under Minnesota States Statutes, Section 466.04.
To the full extent permitted by law, actions by the parties pursuant to this Agreement are intended to be and shall be construed as a “cooperative activity” and it is the intent of the parties that they shall be deemed a “single governmental unit” for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, subd. 1a(a); provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party.
The Parties of this Agreement are not liable for the acts or omissions of the other participants to this Agreement except to the extent to which they have agreed in writing to be responsible for acts or omissions of the other Parties.
This Agreement shall commence upon approval of the governing body of each Party and signature of the official with authority to bind the entity listed in Article 1.
The Agreement shall be in effect only with respect to the Parties who have approved and signed it.
11.1 Withdrawal - A Party may withdraw from the Supporting Hands Nurse Family Partnership Joint Powers by filing with the Board Chair a written notice of intent to withdraw. The Board Chair shall send a copy of the resolution of withdrawal to Supporting Hands Nurse Family Partnership Board members.
11.2 Effective Date and Obligations Withdrawal shall be effective on the first day of the month, which is at least one full calendar year following the end of the year that the notice of withdrawal is given which shall be known as the effective date of withdrawal. A withdrawing Party is obligated to pay its annual contribution until the effective date of withdrawal. The withdrawing Party shall have no liability or obligation to the Supporting Hands Nurse Family Partnership after the effective date of withdrawal.
11.3 Termination - This Agreement shall remain in force until a unanimous vote to dissolve the Supporting Hands Nurse Family Partnership Joint Powers is made by the Board or until the Board consists of only one Party.
11.3.1 Effects of Termination - Termination shall not discharge any liability incurred by the Board or by the Parties during the term of the Agreement
This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Counterparts shall be filed with the Secretary who will maintain them at the location specified in Article 5.8.
Section 1.1 - The name of the twenty county joint powers organization shall be the Supporting Hands Nurse-Family Partnership.
Section 1.2 - The purpose of the Supporting Hands Nurse-Family Partnership is to implement the Nurse-Family Partnership program in the 20 partner counties. The Nurse-Family Partnership is an effective, evidence-based intensive nurse home visiting program designed to improve the health and life-course of low-income, first-time mothers and their children.
Section 2.1 - Membership shall consist of one elected Commissioner appointed by each County Commission who is a party to the Supporting Hands Nurse-Family Partnership Joint Powers entity.
Section 2.2 - The addition of a new party to the Joint Powers entity shall require a majority vote of the Board and shall occur only when the Party has documented its ability to meet membership requirements. New members shall be required to pay the participation fee and meet any other requirements as approved by a quorum of the existing Joint Powers Board members.
Section 3.1 – The Governing Board shall be the Supporting Hands Nurse-Family Partnership Joint Powers Board. The Joint Powers Board is responsible for the overall policy and direction of the Supporting Hands Nurse-Family Partnership. The Joint Powers Board may delegate some of the ongoing program administration to the Supporting Hands Nurse-Family Partnership Executive Director.
Section 4.1 - Each County Commission that is a party to this entity shall annually appoint one Commissioner representative to serve on the Supporting Hands Nurse-Family Partnership Board.
Section 4.2 - Vacancies shall be filled by the respective Board member’s county with the new Board member eligible to complete the remainder of the particular Board member’s term.
Section 4.3 - Resignations from the Board must be in writing and received by the Chair. In the event that a Board member misses three consecutive meetings without justification to the Chair, the respective county entity will be advised of the absence in writing. The individual county entity shall determine if the person should be removed and a replacement appointed.
Section 4.4 - Board members shall be entitled to a per diem, travel and other necessary expenses for attending meetings and other relevant conferences and trainings from their respective county or Public Health Agency in accordance with the travel and per diem policies established by that county or Public Health Agency.
Section 5.1 – The Supporting Hands Nurse-Family Partnership Joint Powers Board shall meet no less than annually at a time and location established by the Board at the first meeting of the year.
Section 5.2 - The first meeting of the calendar year will be the annual meeting. The Joint Powers Board, at the last meeting of the previous calendar year, shall set the date, time and location of the annual meeting.
Section 5.3 – The Chairperson, or a simple majority of the Joint Powers Board, may call special meetings.
Section 5.4 - Written notice of each regular meeting shall be given to each voting member not less than seven days before the meeting, and in accordance with the provisions of M.S.13D.01. At its annual meeting, the Joint Powers Board shall designate its official newspaper for the purpose of publishing official meeting notices of the Supporting Hands Nurse-Family Partnership Joint Powers Board.
Section 5.5 - A quorum shall consist of fifty-one percent (51%) of the Board members eligible to vote (11 members) before decisions can be made or business transacted regarding the affairs of the Supporting Hands Nurse-Family Partnership. Board actions shall be determined by a majority of the votes cast at the meeting.
Section 5.6 – Pursuant to M.S.13D.021, in the event that the Chair or designated Chair of the Supporting Hands Nurse-Family Partnership Joint Powers Board determines that an in-person meeting or a meeting conducted under section 13D.02 is not practical or prudent because of a health pandemic, or an emergency declared under Chapter 12, a personal family emergency, or adverse weather conditions that prohibit travel to the in-person meeting, one or more Board members may participate in a meeting of the Joint Powers Board, or a committee meeting, by means of conference telephone or similar communications equipment that allows all persons participating in the meeting to hear one another and hear all discussion. Participation in this manner shall constitute presence in person at such meeting.
Section 6.1 – At the first meeting of the year, the Board shall elect a Chair, a Vice-Chair and a Secretary from its membership who takes office at the first meeting of that calendar year and shall serve through the next annual meeting or until a successor is elected. A Recorder will also be appointed and in attendance at each meeting but will not have voting privileges.
Section 7.1 – The Joint Powers Board shall establish an Executive Committee that shall be comprised of the three officers of the Board; the Chair, the Vice Chair and the Secretary. The Executive Committee shall have all of the powers and authority of the Board in the intervals between meetings of the Board, subject to the direction and control of the Joint Powers Board.
Section 7.2 – The Joint Powers Board shall establish a Finance Committee that shall be comprised of the Chair and two other members of the Joint Powers Board. The Finance Committee shall be responsible for developing and reviewing the annual budget with the Executive Director. While the Joint Powers Board must approve the budget, the Finance Committee may approve any major change to the annual budget. The Finance Committee may also develop and regularly review fiscal procedures.
Section 7.3 – The Joint Powers Board shall establish a Personnel Committee that shall be comprised of members of the Joint Powers Board. The Personnel Committee shall consider and make decisions related to personnel decisions and policies. It shall consider and make recommendations to the Finance Committee for employee wages and benefits. This committee will be responsible for the hiring and performance review of the Executive Director.
Section 7.4 - The Board may establish such other committees as necessary to advise, consult with, and make recommendations to the full Joint Powers Board on matters relating to the Supporting Hands Nurse-Family Partnership.
Section 8.1 - These By-laws may be amended as necessary by a two-thirds majority of the Joint Powers Board. Any revision or amendment of these by-laws may be made at any regular or special meeting of the Joint Powers Board providing all members received notice in writing at least one week prior to the meeting at which the Joint Powers Board will consider the revision or amendment.
Section 8.2 - These by-laws shall be reviewed annually.
These By-laws were revised at a meeting of the Supporting Hands Nurse-Family Partnership Joint Powers Board on February 6th, 2017.
|Big Stone:||Joe Berning|
|Chippewa County:||David Lieser|
|Douglas County:||James Stratton|
|Lac qui Parle:||Todd Patzer|
|McLeod County:||Ron Shimanski|
|Meeker County:||Beth Oberg|
|Yellow Medicine:||John Berends|
|February 6th, 2017||9:30 a.m. – 11:00 a.m.|
|May 1st, 2017||9:30 a.m. – 11:00 a.m.|
|August 7th, 2017||9:30 a.m. – 11:00 a.m.|
|November 6th, 2017||9:30 a.m. – 11:00 a.m.|
Location: Multi-Purpose Conference Room Lower Level of Kandiyohi Health and Human Service Building, Willmar, MN