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HomeMy WebLinkAboutCommunity Health Board Joint Powers Agreement - 2-25-2014JOINT POWERS AGREEMENT BETWEEN THE COUNTIES OF Becker, Clay, Otter Tail, AND Wilkin TO ESTABLISH A JOINT ENTITY COMMUNITY HEALTH BOARD THIS AGREEMENT is entered into by and among Becker County, Clay County, Otter Tail County and Wilkin County, all municipal corporations organized under the laws ofthe State of Minnesota, hereinafter referred to as "Joint Participants," tbr an indefinite duration, subiect to termination in accordance with Section 4, below. For the purposes of adopting Operating Procedures, appointing key administrative roles, developing Delegation Agreements with Local Boards of Health, and the completion of other organizational duties necessary for the transition of services and actual implementation of the powers and duties of the ofthe Partnership4Health Community Health Board, this agreement shall be effective July 1,2014. From the date of adoption until June 30, 2014, staff will develop documents required for implementation of this agreement including the identification of shared services and related financial responsibilities as well as organize and conduct the community health assessment, develop the community health improvement plan and CHB strategic plan. The actual duties of the Partnership4Health Community Health Board, as stated herein, shall commence on January l, 2015. Up until that date, each of the Joint Participants shall continue to operate and serve their respective populations under their current Community Health Board Structures. WHEREAS, the joint participants desire to enter into an agreement to form an entity functioning as the Partnership4Health Community Health Board (hereinafter "CHB"), pursuant to Minnesota Statutes Chapter 145.4, and pusu:mt to Minnesota Statute $ 471,.59, for the purpose of establishing and maintaining a cooperative system of community health services under local administration to secue more efficient public health services for the mutual benefit of each of the Joint Participants and the communities they serve. WHEREAS, it is desirable to set forth the Joint Participants' agreement in writing, THEREFORE, the Joint Participants, in their joint and mutual exercise of their powers, hereto agree as follows: SECTION l - Definitions All terms used in this Agreement are defined in Minnesota Statutes Chapter 145A. AII other terms shall have their plain and ordinary meaning. SECTION Il - Puroose It is the intention of the Joint Participants that the formulation of a CHB and the delegation of certain duties to Local Boards of Health, as prescribed herein, will allow the citizens of each county to enjoy even more efficient local public health services and provide the foundation for a strong local public health system to meet the challenges ofthe future. The CHB's purpose is to engage in activities designed to protect and promote the health of the general population within a community health service area by emphasizing the prevention of disease, injury, disability, and preventable death through the promotion of effective coordination and use of commrmity resources, and by extending health services into the community. The areas of responsibility shall include: l. assuring an adequate local public health infrastructure; 2. promoting healthy communities and healthy behaviors; 3. preventing the spread ofinfectious disease; 4. protecting against environmental health hazards; 5. preparing for and responding to emergencies; and 6. mobilizing community resources to address gaps in health services. SECTION III - Name The name of the CHB comprised of the Joint Participants shall be known as the Partnership4 Health Community Health Board (P4HCHB). SECTION IV - Governins Board Composition. Annointment of Terms A. The CHB shall be govemed by a five member board, with the members of that board appointed as follows: 1. One county commissioner and one altemate shall be appointed from each of the four represented counties, those being Becker, Clay, Otter Tail, and Wilkin Counties. 2. One At Large community member from one county who may be recommended by the respective Public Health Director and will be-appointed by the county board. Appointment of all members to the CHB shall be by the respective appointing authority, and shall be made by July l, 2014 and by January 3 I " of each year thereafter. C. Terms: Terms for county commissioners on the Community Health Board shall be one year with no term limit. Term for At Large community member, shall be a three year term and this will be rotated between the 4 counties. The tkee year rotation schedule witl be in the following order: Wilkin, Otter Tail, Clay and Becker. 2 B. SECTION V - Authori8 and Duties of the Combined Communitv Health Board: Powers and Duties - The CHB shall possess all of the powers and duties now assigned by the law, pursuant to Minnesota Statutes Chapter t45A, as now enacted or hereinafter amended. Local Boards of Health shall possess all other powers and duties assigned by law to such Local Boards of Health, pursuant to Minnesota Staotes Chapter 145A, as now enacted or hereinafter amended, and as more specifically delegated to it in the Delegation Agreement attached hereto and incorporated herein in compliance with Minnesota Statutes Chapter 145A. Emplovees - The CHB will not employ staff. The CHB will purchase services through contracting with the joint participanB, community organizations or independent contactors or agents as necessary to carry out the provisions of this Agreement and the requirements of Minnesota Starutes Chapter 145A, as now enacted or hereinafter amended. Acquisition of Prot)€rty: Acceptance ofFunds. Collection ofFees - The CHB by any lawful means, including gifts, purchase, lease or transfer of custodial control, may acquire and hold in the name of the CHB, the lands, buildings and equipment necessary and incident to the accomplishment of the purposes of Minnesota Statutes Chapter 145A, as now enacted or hereinafter amended, and may accept gifts, grants and subsidies from any lawful source. The CHB may also apply for and accept state and federal funds, may request and accept local tax funds, and may establish and collect reasonable fees for community health services. Fundins- The CHB shall coordinate local, state, and federal services and funding for public health services. The CHB shall expend funds in accordance with the 4ru1rrql 4pp16yscl budget and local priorities. Disbursement of Funds - The CHB shall develop criteria for distribution of resources to the Public Health Departments of the joint parricipants. The CHB shall develop guidelines to select the service delivery model for programs for which the CHB is fiscally responsible. The CHB may provide lor disbursements from public funds to carry out the purposes ofthis Agreement. The method of disbursement shall agree, as far as practicable, with the method provided by law for the disbursement of funds by the Joint Participants. The CHB shall be strictly accountable for maintaining records of all funds and reports of all receipts and disbursements. Contracts for Services - The CHB may contract for services from private firms, non-protit corporations, primary and secondary schools, state and local government agencies, or other community agencies to avoid unnecessary duplication of services and to realize cost advantages. Contracts shall be awarded on the basis of benefiVcost comparisons and the ability to provide the services. Coordination of Services - The CHB shall coordinate public health services designed to protect and promote the health of the general population of the CHB by emphasizing the prevention of disease. injury, disability, and preventable dearh through the promotion ol effective coordination and use of community resources or by extending health services into the community; it shall ensure responsible medical consultation and direction from a C. D. F. G. H. licensed physician; and it shall coordinate public health service related to environmental health and regulatory services in the community. Establishine Local Priorities and Evaluation of Health Services -As a condition of qualifying for the Local Public Health Grant Funding, the CHB shall: l. Establish local priorities based on an assessment of community health needs and assets. 2. Determine mechanisms to address the priorities and achieve statewide outcomes within the limits of available funding, as required by Minnesota Statutes. 3. The CHB also shall evaluate the effectiveness and efficiency of community health services systems and programs. Equal Access to Services , The CHB shall identifu community health needs and set priorities among the needs for the broad range of commrmily health services, including but not limited to the health needs of residents, minorities, non-residents, tourists, and migrants. The CHB shall ensure that services are accessible to all persons on the basis of need, so that no one is denied services because of race, color, sex, age, language, religion, nationality, economic status, political persuasion or place of residence, as provided by Minnesota Statutes. Reports - The CHB shall submit such reports on its expenditures and activities as is necessary for monitoring public health services and as required by Minnesota law. Operatine Procedures - The CHB shall conduct business according to its approved operating procedures, which will be reviewed annually. SECTION VI - Indemnification and Hold Harmless Aoplicability. The CHB shall be considered a separate and distinct public entity to which the Parties have transferred all responsibility and control for actions taken pusuimt to this Agreement. The CHB shall comply with all laws and rules that govem a public entity in the State of Minnesota and shall be entitled to the protections of M.S. 466. Indemnification and Hold Harmless. The CHB shall fully defend, indemnily, and hold harmless the Parties against all claims, losses, liabitity, suits, judgments, costs and expenses by reason ofthe action or inaction ofthe Board and/or employees and,/or agents ofthe CHB. This Agreement to indemnifu and hotd harmless does not constitute a waiver by any participant of limitations on liability provided under Minnesota 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 acriviry" and it is rhe intent ofthe Parties that they shall be deemed a "single governmental unit: for the purpose ofliability, as sel forth in Minnesota Statutes, Section 471.59, subd. la(a); provided funher that for purposes of that statute, each Party to this Agreement expressly declines responsibility for the acts or omissions ofthe other pafty. J. K. A. B. 4 B. C. The Palties ofthis Agreement are not liable tbr the acts or omissions ofother participants to this Agreement except to the extent to which they have agreed in writing to be responsible for acts or omissions ofthe other parties. SECTION VII - Term ofAereement Term - This Agreement shall be continued from year to year until terminated as provided herein- Termination - This Agreement may be terminated by withdrawal Ilom the CHB of any member county board of any ofthe Joint Participants. Withdrawal - The counties that are members of the CHB may withdraw from this Agreement by serving a copy ofa resolution of withdrawal, duly passed by its goveming body, upon the chairperson of the county boards and the auditor of the other counties participating in this Agreement. The withdrawing county also shall serve a copy of the resolution of withdrawal upon the Commissioner of Health for the State of Minnesota. Provided, however, a member county may not withdraw from the CHB during the first five (5) calendar years following the county's initial adoption of this joint powers Agreement, pusrxmt to Minn. Stat. g 145A.09, Subd. 7(b). The withdrawing county shall serve the resolution of withdrawal at least one (l) year before the beginning of the calendar year in which the withdrawal is intended to take place, in accordance with Minnesota Statutes Chapter 145A, as now enacted or hereinafter amended. Service ofthe resolution of withdrawal shall be made in writing and delivered electronically with a retum receipt or-by first class mail and the date of service shall be one week after the date ofthe notice. Termination Pavment of Expenses - Upon termination of this Agreement the payment of expenses ofthe CHB shall be governed as follows: I . No distribution of any share of uncommitted surplus fi.rnds shall be made rurtil all operating expenses (excluding pal,roll expenses) incurred during the operation of the CHB have been fuUy paid and satisfied. 2. Upon the termination date of this Agreement, alt fiurds may be transferred to the fiscal host until all operating expenses (excluding employee expenses) have been paid. 3. The authority of the fiscal host to continue to disburse funds of the CHB after the termination date of this Agreement shall continue for a period ofnot more than six (6) months. 4. If the authority of the fiscal host to expend firnds or sign docwnents on behalf of the CHB is needed for more than six (6) months, a resolution ofeach member county board shall be sufhcient authority to continue to handle the funds until terminated as set forth by the Resolution adopted by the county boards. D. 5 E. Termination Transition Oversieht - If there are .rny expenses incurred in connection with the termination of the CHB after the termination date of this Agreement, the member counties agree to pay their share ofthe said expenses based on crurent year Community Health Board budget. F. Termination Grant Closeout - Any grant moneys received during the operation ofthe CHB which have not been earned by the time of the effective date of the termination of this Agreement shall first be distributed according to the grant agreement with the granting agency (i.e. MDH, DHS) and if not otherwise specifred in the grant proposal or agreement, said monies shall be distributed in the following order: l. Rerumed to the agency supplying the grant frurds or distributed as instructed by said agency or as provided in the Grant. 2. Disnibuted to the county which will continue to provide the services by said grant. G. Termination Distribution of Propertv - Upon the terrnination of this Agreemen! any property and/or funds urder the control ofthe CHB as dehned herein shall be retumed to each Joint Participant in proportion to its relative financial contributions to the CHB. SECTION VIII - Modification of Asreement Any modifications, amendments, or alterations to the provisions of this Agreement shall only be valid ifthey are reduced to writing and approved and signed by all by respective County Boards. SECTION IX- Execution - Entire Aereement This Agreement shall be executed pursuant to resolution adopted by the participating County Boards. This Agreement shall constitute the entire Agreement of the parties and shall supersede and amend any previous written agreement and any previous contemporaneous oral agreement ofthe parties. This Agreement may be executed in several corinterparts, each of which shall be an original, and all of which shall constitute one and the same instrument. Original: Adopted November 2013 Amended: February 2014 Signatures on separate pages- 6 Adoptcd by the Cleyot nbl,b.t/]. County Board of Commbsloners on this lfday Chairperson,of Commissioners 8 Atloptcd by the Otter Tail County Board of Commissioncrs on this 59day ,rthrq t/ts*tsy' Public Health Direcror, Otter Tail County Approved as to .fornz a Adopted bl the Clay Countl Board of Commissioners on this _ day of ,20 Clav olCommissioners County Administrator. CIay County Board of Commissioners on ttric /day Wilkin County Board of Commissioners 10 1,) ,lpprovad us to /brm (nd 4lntcnl Wi lkin ('()unty Arrorney by the Becker Counry Board of Comnrissioncrs on this ?5dav -204 A11ttol,,rl os to for.,,t atkl conl(ut/httUqu l lx(,y,t",^,llcckertkrunrl' anor,,[- - l-- ru*'r"aiZn Coyify Admirrisn-a1or Becker Counr)' ,rtt,,/ /ft112 /l-_- Conrnrunill' I leakh Supervisor. Becker Countv Section 6. Scction 7 Scction il. Scction 9. IN \,\1I1NE5S Adoptcd br tbe a\of \ !-/l /' During the coursc ofthe Agreemcnt. thc Comrnunity Health Board shall not perform any ofthc delegared duries specified herein. cxcept audits nccessar),to monitor compliance $ ith this Agreentent, unless the panics othcnvise agrce in writing that the Community l{ealth Board may periorm certain spccifi ed duties. The Comnrunity Health Board shall consult with, advise, assisr or direct the Local Board olllealth as needed, or as requested by the Local Board of Health, in the performancc of rhe duties of the Local Board of Health under this Agreentent. 'lhis Agrecment does not ahe r rhc rcsponsibilit) olfte Community Hcalth Board for the perlbrmance of dutics rvhich it tnust undertake and mainhin by law. 'flre Conrmunitl- Health tloard shall distribute l_ocal public l{ealrh (;ranr funds to the Public Health Depanrnent established by the Local Board of I lealth in accordance rvirh rhe responsibilitics dclegared to the Local lloard of I lealth. 'l'he Local Board of Hcalrh agrces its public t lealth Dcpartmcnt rvill bc accountablc for appropriate cxpenditurc olthe grant l'unds. ('ounn Board of ('ommissioncrs on rhis, "-, Lhal - _ Count)' Board of Commissioners (lounty Board olComrrissioneru \ l/?\-}:y /l'{! "*: ( 'Chairperson. Counl) Administrator,