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HomeMy WebLinkAboutBoard of Commissioners - Minutes - 07/27/19990 0 ~--··-·••♦ .-:-::::· -~·.:~~ MINUTES OF THE OTTERTAIL COUNTY BOARD OF COMMISSIONERS Otter Tail County Courthouse Commissioners' Room, Floor 1-B · Tuesday, July 27, 1999 9:30 a.m. Call to Order The Otter Tail County Human Services Board convened Tuesday, July 27, 1999 at 9:30 a.m. at the Otter Tail County Courthouse with Commissioners Virginia Partmann, Chair; Andy Lindquist, Vice- Chair; Syd Nelson, Malcolm Lee, and Roger Froemming present. Approval of Agenda Motion by Lee, second by Froemming, and unanimously carried to approve the Human Services Board agenda of July 27, 1999 with the following addition: Contract Renewal with Rural MN CEP-MFIP Employment Services Approval of Minutes Motion by Lindquist, second by Nelson, and unanimously carried to approve the Human Services Board minutes of July 13, 1999 as submitted. New York Mills Secretarial Contract Court Services Director, Chuck Kitzman, presented a fully executed copy of the approved contract for secretarial services in the New York Mills office. Clerk/Typist II Position Mr. Kitzman reported that the Clerk/Typist II position in the Fergus Falls Court Services office has been filled effective August 2, 1999. Elmore Academy Update Mr. Kitzman updated board members on a recent visit to Elmore Academy, a Youth Service International facility that serves male youth ages 14 through 18. Mr. Kitzman reported the visit as very positive regarding the cleanliness and efficiency of the day-to-day operations of the facility. The facility stresses discipline and social skills while working with the youth. He reported the per day rate as $88 and noted that Otter Tail County has youth that would qualify for this type of program. Amendment to the Minnesota Breast and Cervical Cancer Control Contract Motion by Lindquist, second by Lee, and unanimously carried to authorize the Public Health Director's signature to execute an amendment to the 1998-99 Minnesota Breast and Cervical Cancer Control Program grant contract, which extends the original grant agreement from August 31, 1999 to December 31, 1999. The amendment will provide Otter Tail County with an additional $2,779 under this grant for continued outreach for mammogram services. Public Health Budget Discussion Public Health Director, Diane Thorson, provided a Public Health budget overview showing programs (mandated or non-mandated), revenues (including grant funding), and expenses. She reported an end of June, 1999 deficit of $80,000. Ms. Thorson reviewed recommendations for changes that could be implemented to reduce the projected deficit. Discussion followed. Otter Tail County Board of Commissioners July 27, 1999 Page 2 Motion by Nelson, second by Lindquist, and unanimously carried to approve the following budget recommendations as presented by the Public Health Director effective September 1, 1999 except as indicated: Program Budget Cut Revenue Increase Recommendation Free Pregnancy Testing $1,300 Discontinue program Youth Health Day $1,000 Possible funding from other sources in 2000 MCH SCH $500 Refer to Children's Service Children's Car Seats $750 Bill Children's Services Early Childhood $3,030 Rate increase as of July 1, 1999 from Screening $25 to $40 School Nursing $7,232.50 RN charge from $25 to $27.50 -Aid Contracts charge from $12.35 to $13.81 Prenatal Scholarships $600 Health plans may pay for this service at the hospital IEIC Committees $4,500 Funds now received for tracking program 3'" Party Payment unknown Support staff will call hospital for insurance information to receive prior authorization before visit is completed Blue Plus Clinic Visits unknown Working with Blue Plus to reimburse for clinic visits rather than home visits Staff Cut $6,641.60 Request from employee to decrease from 40 hrs per week to 24 hours per week Staff Increase $1,934.08 Employee increase work hours to 24 hours per week Homemaker Service $1,673.28 Increase charges from $14 per hr. to $15 per hr. as of July 1, 1999 as current charges are less than allowed Foot Care Clinics $1,180.00 Increase charge from $15 per hr. to $20 per hr., refer clients to other resources, then disc. services if feasible PHN Clinic Charges $180 Review with nurses which codes to use for injections All Home Care Services Re-evaluate August 9, 1999 as billing is now caught up and payments are coming in Hearing Testing $1,200 Increase charge from $5 to $10 for nursing treatment.-same as billed to MA Cholesterol $500 Increase charge from $6 to $10 for nursing treatment-same as billed to MA Diabetes $500 Increase charge from $6 to $10 for nursing treatment-same as billed to MA Jail $2,760 Increase charge from $36 per hr to $40 per hr as of Oct. 1, 1999 Aging Coordinator $3,139 Change in salary, PERA, and FICA - new employee School Immunizations $1,000 Increase fees from $10 to $12 per child Hep B Immunizations $1,422 Increase fees from $1 OS/series to $111/series 0 0 0 0 0 Mantoux $416 Flu $512 Bloodborne Education $200 STD Clinic $7,732 Otter Tail County Board of Commissioners July 27, 1999 Page 3 Increase fees from $10 to $12 per test Increase fees from $10 to $12 per shot Increase fees from $25 to $27.50 portals to portal Discontinue service as of Sept. 1, 1999 TOTALS $19,912.60 $29,989.86 Funeral Allowance Expenses Human Services Director, John Dinsmore, presented proposed funeral allowance expense increases. Discussion followed regarding the need for an increase, itemized services, and additional options including cremation. Funeral Home Director, Guy Olson, spoke in favor of the proposed policy. He suggested that the professional services for the indigent not be line itemized and shown rather as a total charge for the service. Motion by Lee, second by Lindquist, and unanimously carried to approve the following funeral allowance expenses effective from August 1, 1999 through July 31, 2000. Otter Tail County Human Service Funeral Allowance Expenses Traditional Funeral-Earth Burial Traditional Funeral with Cremation Memorial Service -Cremation Professional Service: $810.00 Professional Services: $810.00 Professional Services: $810.00 Embalming: 350.00 Embalming: 350.00 Other Preparation: 80.00 Other Preparation 80.00 Other Preparation 80.00 Funeral Services 100.00 Funeral Service: 100.00 Funeral Service: 100.00 Removal/Transfer: 75.00 Removal/Transfer: 75.00 Removal/Transfer: 75.00 Funeral Coach (50 miles) 90.00 ($1.50 per loaded mile) ($1.50 per loaded mile) Funeral Coach (50 Miles): 90.00 Funeral Coach (50 miles): 90.00 Cremation Unit: 100.00 Casket ( cloth covered): 400.00 Casket (cloth covered): 400.00 Crematory Fee: 205.00 Concrete Grave Liner: 595.00 Opening/Closing of Grave-actual Opening/Closing of Grave- cost: 100.00 actual cost: 100.00 Opening/Closing of Grave-Grave Lot: 150.00 Grave Lot: 250.00 actual cost: 250.00 Grave Lot: 250.00 TOTALS $3,000.00 $2,155.00 $1,810.00 Child Services Professional Service-Cremation Only Stillborn to 1 Year-Funeral Expenses- Services & Casket: $530.00 (all services): $880.00 TOTAL: $880.00 1-6 Years Old- Services/CaskeWault: 1,400.00 Opening/Closing- actual cost: 250.00 Grave Lot: 250.00 TOTAL: $1,900.00 Otter Tail County Board of Commissioners July 27, 1999 Page 4 Purchase of Service Agreement for Adult Mental Health Services Motion by Lee, second by Lindquist, and unanimously carried to authorize the Chair's signature to execute a Purchase of Service Agreement between Otter Tail County Department of Social Services and Lakeland Mental Health Center, Inc. for the period of July 1, 1999 to December 31, 1999 for adult mental health services. Reimbursement for services will not exceed $27,500 during the term of the contract. Approval of Adult Mental Health Case Management Position Human Services Director, John Dinsmore, requested a new Adult Mental Health Case Management position to meet the needs of the Rule 79 Mental Health Case Management. Previously, this service was contracted to a provider, however, due to changes in the billing and administrative requirements of this state-mandated program, Otter Tail County can now provide this service. Motion by Lee, second by Froemming, and unanimously carried to approve a new Adult Mental Health Case (Social Worker) position with projected annual salary and benefit package of $36,600. Based on the new targeted mental health case management system, Otter Tail County will be reimbursed approximately $44,928 in new revenue. Contract Renewal for MN Family Investment Program 0 Motion by Lee, second by Lindquist, and unanimously carried to authorize the Chair's signature to execute a contract between Otter Tail County and Rural Minnesota CEP, Inc. whereby funds are available to the county through the Minnesota OHS for the purpose of providing services n authorized under the Minnesota Family Investment Program (MFIP) for the period of July 1, 1999 "will/I through June 30, 2000. Contract Renewal -Energy Assistance Motion by Froemming, second by Lindquist, and unanimously carried to authorize the Chair's signature to execute a contract between the State of Minnesota Department of Children, Families, and Learning and the County of Otter Tail for purposes of weatherization and energy assistance. Approval of Grant Application Motion by Nelson, second by Froemming, and unanimously carried to authorize a grant application by Lake Country Community Resources for the Male Responsibility and Fathering Grant for the period of January 1, 2000 through December 31, 2001. This grant provides for $120,000 with $40,000 from the Department of Children, Families, and Learning with a 66% local match utilizing federal reimbursement through the child support enforcement unit. Addendum to Contract -Mental Health Services Motion by Froemming, second by Lee, and unanimously carried to authorize the Chair's signature to execute an addendum to the Purchase of Service Contract between Otter Tail County Social Services and The Village Family Service Center for the period of July 1, 1999 through December 31, 1999. The addendum provides $14,000 for mental health services in accordance with the Comprehensive Mental Health Act. Contract Renewals Q Motion by Lee, second by Lindquist, and unanimously carried to authorize the Chair's signature to · execute the following purchase of service contract renewals to provide the following services with a 3% increase in rates: 0 0 Fergus Falls Regional Treatment Center Perham Hospital District (Home Care)' Otter Tail County Public Health Department New Dimensions Home Health Care, Inc. Pill-Alert Otter Tail County Board of Commissioners July 27, 1999 Page 5 Day Training & Habilitation Services for the Developmentally Disabled Homemaker, Respite, & Personal Care Services Assisted Living, Homemaker, Personal Care, & Respite Services Homemaker, Personal Care, Respite, & Nursing Services Supplies & Equipment for ACEW, CADI, TBI, CAC, and MR/RC Waiver Otter Tail Family Services Collaborative Governance Agreement Human Services Director, John Dinsmore, provided a copy of the proposed Otter Tail Family Services Collaborative Agreement. County Attorney, David Hauser, reviewed the draft proposal. Discussion followed regarding the mission of the collaborative. Motion by Nelson, second by Froemming, and unanimously carried to approve the Otter Tail Family Services Collaborative Governance Agreement as presented and attached to these official minutes as Attachment A. This agreement applies to each county department participating in the collaborative as well as Otter Tail County. Letters of Commitment will be submitted for each participating member. RFP -Contract Proposal for Mental Health Service Program Mr. Dinsmore reported that four providers had submitted a proposal in response to the RFP for Mental Health Services in Otter Tail County Schools. Lengthy discussion followed regarding 3rd party reimbursement and program clarification in the RFP. Commissioners tabled a decision regarding this proposed Mental Health Service program and directed the collaborative members to clarify the RFP guidelines and return back to the County Board with a recommendation no later than October 1, 1999. RFP -Collaborative Coordinator Contract Mr. Kitzman presented a proposed coordinator workplan for the Family Services Collaborative from Success Services, Inc. Discussion followed regarding the responses to the RFP. The committee reviewing the proposals recommended Success Services proposal because of past knowledge with the partners in the collaborative, better hourly rate, and experience working with a Family Services Program. Motion by Lindquist, second by Lee, and unanimously carried to authorize the Family Services Collaborative to enter into a contract with Success Services, Inc. for coordination of the Otter Tail Family Services Collaborative program effective August 1, 1999. Family Services Collaborative Grant Addendum Motion by Lee, second by Froemming, and unanimously carried to approve an addendum to the Family Services Collaborative grant from the MN Department of Children, Families, and Learning for an additional $8,500 to be expended by April 1, 2000 as follows: Otter Tail County Board of Commissioners July 27, 1999 Page 6 Parent Leadership Training Dollars: Of the total allocation, $3,000.00 is to be used to "assist parents to acquire the skills they need to participate in decision-making about services delivered to children and families". Wraparound Training Dollars: Of the total allocation, $4,000.00 is to be used to "expand and enhance local ability to utilize the wraparound process of service delivery through training or other appropriate means". Local Community Report Card Dollars: Of the total allocation, $1,500.00 is to be used to "produce and disseminate a Local Community Report Card on the core set of outcomes and indicators adopted by Minnesota Family Service Collaboratives". Approval to Pay Bills Motion by Froemming, second by Nelson, and unanimously carried to approve the Human Services bills and claims as presented. Adjournment At 11 :25 a.m., Chair Partmann declared the meeting of the Otter Tail County Human Services Board adjourned until 9:30 a.m. on Tuesday, August 10, 1999. Dated: ,/).11~,# lo 1 ii,, BOARD OF COMMISSIONERS _,, k~d Larry Kron, Clerk ia Partmann, Human Services Chair Call to Order The Otter Tail County Board of Commissioners convened Tuesday, July 27, 1999 at 11 :30 a.m. at the Otter Tail County Courthouse with Commissioners Syd Nelson, Chair; Virginia Partmann, Vice-Chair; Andy Lindquist, Malcolm Lee, and Roger Froemming present. Approval of Agenda Motion by Lindquist, second by Froemming, and unanimously carried to approve the County Board agenda of July 27, 1999 with the following addition: Discussion -Preliminary Plat of Sunlight Beach, Pelican Lake Approval of Minutes Motion by Lindquist, second by Partmann, and unanimously carried to approve the County Board minutes of July 20, 1999 as mailed. Approval of Special Meeting Minutes of July 15, 1999 Motion by Lindquist, second by Partmann, and unanimously carried to approve the minutes of the 0 0 public hearing of July 15, 1999 for the purpose of considering the establishment of the Pine Lakes Q Improvement District as presented by the County Auditor. 0 () Otter Tail County Board of Commissioners July 27, 1999 Page 7 Resolution Supporting a Fee Increase for Deputy Registrars Otter Tail County Resolution No. 99-33 UPON a motion by Portmann, second by Lee, and unanimously carried, the Otter Tail County Board of Commissioners adopts the following resolution: WHEREAS, the State of Minnesota established a public/private deputy registrar system to provide citizens convenient locations to conduct title registration services for motor vehicles and DNR recreational vehicles; and WHEREAS, the State of Minnesota in 1949 established a user service fee on motor vehicle transactions to be retained by the deputy registrar to defray the cost of providing the local service; and WHEREAS, since 1983, the user service fee for motor vehicle transactions had only one increase of $0.25 in 1989. Since 1989, the consumer price index has increased by more than 30% and the minimum wage has increased 41%; and WHEREAS, the deputy registrar administrative fee is a user fee that should fully support the cost of providing motor vehicle transactions; and WHEREAS, the user service fee no longer covers the operational cost to maintain most deputy · registrar offices. Public deputy registrars must use property tax levy to subsidize this service. Rural areas with lower volumes are in jeopardy of losing service. NOW, THEREFORE, BE IT RESOLVED, that the County of Otter Tail supports and recommends a user service fee increase in the year 2000 to maintain local title and registration service to the citizens of Minnesota. BE IT FURTHER RESOLVED that the County of Otter Tail further recommends that the legislature provides for future user service fee increases based on an acceptable economic indicator. Adopted this 27th day of July, 1999 Dated:_.....,Q.t,o1~•.<;t~ ..... ,.;;1c;A,!S,__,.3l.,,-'-'..!ciLnL-__ Attest: Jm&:!J. · d Larry Krohti, C~ TIF District Public Hearing County Auditor, Wayne Stein, reported that on Tuesday, September 7, 1999, at 5:30 p.m. the Fergus Falls Port Authority and City Council will conduct a joint public hearing on the formation of a new tax increment-financing district. The proposed district will be located on approximately 2.88 acres in Block 1, Westgate Addition. The proposed development would consist of the construction of a 24-unit general occupancy market rate apartment building. Otter Tail County Board of Commissioners July 27, 1999 Page 8 Approval of Licenses Motion by Lindquist, second by Lee, and unanimously carried to approve the following applications for license: Gerald Smith Pelican Beach Store Detroit Lakes, MN Irene Pladsen and Kathleen Johnson Pladsen's Dash Inn Pelican Rapids, MN 3.2 Malt Liquor Tobacco Payment Approval Motion by Lindquist, second by Partmann, and unanimously carried to approve payment to the Fergus Falls Medical Group, PA, in the amount of $163.00, for services provided under the provision of Minnesota Statute 609.35. Approval of Final Payment Motion by Partmann, second by Froemming, and unanimously carried to approve final payment to the following contractors for completion of their work on project #9828-0000, Courthouse Remodeling: Miller & Sons Drywall Seal-Treat, Inc. Overhead Door Co. Central Suspensions Avant Painting Grazzini Brothers & Co. Construction Supply Advance Elevator Co. Moorhead Electric $5,318.55 $185.50 $439.75 $537.90 $1,347.56 $1,120.85 $500.60 $2,775.00 $8,237.06 Planning Commission Recommendations Conditional Use Permit -White Oak Metals Inc: Motion by Lindquist, second by Partmann, and unanimously carried to approve a CUP to add a 60' x 100' building to the main fabricating facility near Unnamed Lake (Sec. 10, Twp. 131, R. 42, Tumuli Township, Lake #56-596) with conditions as recommended by the Planning Commission. Conditional Use Permit -Dunn Township: Motion by Lee, second by Lindquist, and unanimously carried to approve a CUP to build the shoulders on East Lake Lizzie Road #657 near Lake Lizzie (Sec. 21, 28, & 33, Twp. 137, R. 42, Dunn Township, Lake #56-760) as presented. The recommended condition of the Planning Commission requiring DNR approval does not apply because this is over the OHWL. Conditional Use Permit -Elizabeth Township: 0 0 Motion by Lee, second by Froemming, and unanimously carried to approve a CUP to prepare a road for black top surfacing on Jewett Lake (Sec. 23 & 24, Twp. 134, R. 43W, Elizabeth Township, Lake #56-877) as presented. Q 0 0 0 Otter Tail County Board of Commissioners July 27, 1999 Page 9 Conditional Use Permit -Harold & Virginia Earley/Carlson & Harrington, Inc: Motion by Lee, second by Lindquist, and unanimously carried to approve a CUP to construct a tower and building on Hand Lake (Sec. 6, Twp. 137, R. 41, Candor Township, Lake #527) with conditions as recommended by the Planning Commission. Preliminary Plat -"Shady Nook Resort"-Glenn & Yvonne Rogness: Motion by Partmann, second by Lee, and unanimously carried to amend the Preliminary Plat of "Shady Nook Resort" on Pickerel Lake (56-475) that instead of combining lots 5 & 6 into one (1) lot as previously approved, lots 4, 5, & 6 are combined into two (2) lots and the resulting preliminary plat will contain one (1) backlot and four (4) lake lots as recommended by the Planning Commission. Conditional Use Permit -Cynthia Skalsky: Motion by Lindquist, second by Partmann, and unanimously carried to approve a CUP to riprap the shoreline of property to reduce erosion on Silver Lake (Sec. 28, Twp 123, R. 40, Everts Township, Lake 56-302) with conditions as recommended by the Planning Commission. Conditional Use Permit-Rush Lake Township: Motion by Froemming, second by Lee, and unanimously carried to approve a CUP to regrade a portion of a township road near Boedigheimer Lake (Sec. 10. Twp. 135N, R. 39W, Rush Lake Township, Lake #212) as presented. Discussion -"Sunlight Beach" Land & Resource Director, Bill Kalar, reviewed the background of the preliminary plat of "Sunlight Beach" on Pelican Lake. Lengthy discussion followed. Commissioners requested further review of the Board of Adjustment minutes relative to a variance request to construct a road to service this plat. Veterans Service Transportation Van Parking Motion by Lee, second by Partmann, and unanimously carried to direct the Physical Plant Manager to designate a handicap parking spot for the VA transportation van. Adjournment At 12:15 p.m., Chairman Nelson declared the meeting of the Otter Tail County Board of Commissioners adjourned until 9:30 a.m. on Tuesday, August 3, 1999. Dated: CB/kd OF COMMISSIONERS By_....zs,1.....,,t.~/;2:.~~.-----<fL-~~:::...:::~------ Sydney Nel 0 0 Section I. Cbmty Irard of O:nrni.ssiaErS Mi.mt.es July Z7, 1999 Attachrmt A, Pa;ie 1 OTTER TAIL FAMILY SERVICES COLLABORATIVE GOVERNANCE AGREEMENT Purpose and Authority. It is the purpose of the Otter Tail County Family Services Collaborative that families, communities and institutions work together for a responsive, flexible system of education, support and services that focuses positively on the needs, strengths and potential of each child and family. The Collaborative is authorized by Minnesota Statutes §121.8355 and §245.491 which permits public and private child serving agencies to come together by mutual agreement to e;tablish family service Collaboratives and/or children's mental health Collaboratives in order to establish an integrated children's service system. Section 2. Population to be Served and Service Delivery Model. A. Population to be served: The Collaborative shall serve the people of Otter Tail County. B. Service Delivery Model: The service delivery model shall be the "wrap around process," defined as intervention that is developed by an inter-agency team and that is based on the child and family's strengths, ~and the resources of the child's community, is cost effective, needs- driven, unconditional, culturally competent, and that includes the delivery of highly individualized informal supports and formal services. Section 3. Structure of Collaborative. A. The Service Level: Direct service providers will work directly with the children and families with interagency teams, using the wrap around method. This group, working with the families, make most of the decisions regarding programming and the funding to support it. The composition of each interagency team shall be tailored to the family being served. B. The Program Administration Level: Program level staff or mid-managers from the partner agencies shall oversee all inter-agency services, monitoring their quality and expenditures. Someone from this level shall have direct supervision over the inter-agency team working with the family. All the supervisors of the various persons involved in the inter-agency team may work together to resolve problems that the direct service team cannot resolve which interfere with the innovative and seamless service to the clients. C. The Executive Level: Agency directors, administrators or executive officers are responsible for monitoring the success of their own clients engaged in wrap around services, and for a sustained effort by their direct service and program staff. Executives are responsible for recommending the amount to contribute to an inter-agency fund, for keeping their Boards of Directors or Supervisors informed of the Collaborative effort, and for making interim financial approval to pay bills. They respond to the recommendations of their program staff regarding changes in procedures which will promote better service, and they work with their boards regarding changes in agency policy. ' I ' 0 Cbmty B::md of O:Irmi.ssiaiers Minutes July Zl, 1999 Attadmnt A, Pa;:ie 2 D. The Policymaking Level: The policymakers of each organization monitor the entire system for effectiveness. They may be asked to address issues that cannot be resolved by the executives. This group is responsible to the consumers for creating seamless services. Section 4. The Governing Board. A. The governing board shall consist of one representative from each participating agency. The representative shall come from the elected board of governmental entities and from the Board of Directors of private agencies. The governing board shall meet annually to set policy directives and overall budgeting. Issues that come up during the course of the year may be handled by an executive council of the governing board consisting of two county board members, two school board members and two members from the board of directors of the non- governmental agencies. Appointments of members to the governing board shall be determined by a process established by each represented entity. B. The governing board shall: Section 5. Define the scope of the system to be established. Through the fiscal agent, receive funds contributed by parties to this agreement and funds from the State of Minnesota, the federal government and from any lawful governmental or private sources, including gifts. Apply for and accept grants, gifts, loans and other assistance from any lawful source. Expend funds through the fiscal agent, enter into contracts for the purposes described in this agreement. Evaluate collaborative fiscal performance to insure accountability for effective and efficient use of public funds and oversee client outcomes. The governing board may adopt by-Jaws on operating procedures. Duties of the Parties. Each party to the Collaborative shall submit a letter of commitment to the Collaborative outlining its contributions to the Collaborative. The letters of commitment will be made a part of this governance agreement, and shall define the duties of each party. Section 6. Integrated Fund. The parties agree to establish an integrated fund for the purpose of meeting the objectives of the collaborative, financing individualized care plans and increasing the flexibility of funding resources. The integrated fund will be used to purchase supports, interventions, services and programs for children and families in Otter Tail County. In order to be a member of the Collaborative, each party must pay 2 0 0 Co.lllty B:ard of O:mnissim:= Minutes July Tl, 1999 Attadnmt A, Page 3 cash or in-kind services into the Collaborative. The integrated fund will be administered by the Accounting Department of the Otter Tail County Department of Social Services, which is subject to an annual audit by the Office of the State Auditor. Section 7. Personnel. The Collaborative does not hire employees, but may contract for services. Any personnel needed will be employees of the various parties to the Collaborative or of the agencies with which it contracts. Section 8. Data Practices. All parties agree to implement data practices that conform to state and federal statutes and rules regulating data, particularly the collection, creation, receipt, maintenance or dissemination of private data on individuals as defined and regulated by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. Section 9. Insurance and Indemnification. A. Indemnification: Each party shall be liable for its own acts to the extent provided by law and hereby agrees to indemnify, hold harmless and defend the others for any and all liability arising out of any act or omission of the party, its agents or employees. B. Insurance: Each party agrees that in order to protect itself and the other parties under the indemnity provision set forth above, that it will at all times while a member of the Collaborative keep in force policies of insurance, or an adequately funded program of self-insurance, the minimum amounts of which shall not be less than the limits ofliability established for local units of government in Section 466.04 of the Minnesota Statutes. Section I 0. Dispute Resolution. In the event of a disagreement between two or more parties to this agreement, which cannot be worked out through informal negotiations at other levels of the Collaborative structure, the dispute shall be resolved by the governing board. Section 11. Amendments. This agreement may be amended only by the agreement of two-thirds of the participating parties. Notice of any proposed amendment must be provided in writing to all participating parties who shall then indicate in writing their approval or disapproval of the proposed amendment. Section 12. Membership in the Collaborative. A. New members may join the Collaborative by submitting a letter of commitment and by paying cash or in-kind services to the Collaborative. 3 !, Cb.mty lh3rd of Ccrrmi.ssicn,rs Minute, July ZI, 1999 Attadnent A, Pa;ie 4 B. Any party may withdraw from the agreement by passage of a resolution by its governing board declaring.its intent to withdraw. A party exercising its option to withdraw shall remain liable for financial obligations incurred prior to its withdrawal, and shall not be entitled to a refund of contributions made to the integrated fund. Section 13. Severability. The provisions of this agreement are severable. If any section, paragraph, subdivision, sentence, clause or phrase of the agreement is held to be contrary to law, rule or regulation having force and effect oflaw, such decision shall not affect the remaining portions of this agreement. Section 14. Disposal of Surplus Funds. Upon termination of this agreement, any surplus funds will be distributed by resolution of the Governing Board in accordance with law in a manner to best accomplish the continuing purposes of the Collaborative. Section 15. Access to Books and Records. In accordance with Minnesota Statutes § l 6B.06, Subd. 4, each party agrees to make its books and records pertaining to its performance under this agreement available to each other party, and to keep such documents for three years following termination of this agreement. 0 Section 16. Effective Date. G This agreement shall be effective when adopted by those parties necessary to establish a collaborative pursuant to Section 121.8355 of the Minnesota Statutes. This agreement shall remain in force so long as there are parties to the Collaborative as required by Minnesota $tatutes or unless otherwise amended or rescinded. 4