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HomeMy WebLinkAboutPrairie Lakes Community Health Board - Joint Powers AgreementJOINT POWERS AGREEMENT TO ESTABLISH PRAIRIE LAKES COMMUNITY HEALTH BOARD, A JOINT POWERS ENTITY SECTION I - ENABLING AUTHORITY THIS AGREEMENT (hereinafter referred to as the Agreement) is made by and between the political subdivisions organized and existing under the Constitution and laws of the State of Minnesota, (hereinafter referred to as Joint Participants), for an indefinite duration, subject to termination in accordance with Section XII.B 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 Community Health Board this agreement shall be effective October 2nd, 2025. From the date of adoption until December 31, 2025, 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 Community Health Board strategic plan. The actual duties of the Community Health Board, as stated herein, shall commence on January 1, 2026. 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 Community Health Board pursuant to Minnesota Statutes Chapter 145A, and pursuant to Minnesota Statute § 471.59, for the purpose of establishing and maintaining a cooperative system of community health services under local administration to secure 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 II – DEFINITIONS All terms used in this Agreement are defined in Minnesota Statutes Chapter 145A. All other terms shall have their plain and ordinary meaning. SECTION III - PURPOSE It is the intention of the Joint Participants that the formulation of a Community Health Board 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 of the future. The Community Health Board’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: A. Emphasizing the prevention of disease, injury, disability, and preventable death through the promotion of effective coordination and use of community resources. B. Extending health services into the community. The areas of responsibility shall include: a. Assuring an adequate local public health infrastructure; b. Promoting healthy communities and healthy behaviors; c. Preventing the spread of infectious disease; d. Protecting against environmental health hazards; e. Preparing for and responding to emergencies; and f. Mobilizing community resources to address gaps in health services. C. Under the general supervision of the Commissioner of Health, recommending the enforcement of laws, regulations, and ordinances pertaining to the powers and duties within the Community Health Board’s jurisdictional area. D. Providing other similar or related services and programs as determined by the Community Health Board. E. Establishing procedures to add qualifying Joint Participants to this Agreement. F. Establishing a mechanism whereby additional and/or alternate programs and services may be developed for the benefit of the Joint Participants and in furtherance of the objectives of the Joint Participants. SECTION IV – COMMUNITY HEALTH BOARD NAME The name of the Community Health Board comprised of the Joint Participants shall be known as the Prairie Lakes Community Health Board (hereinafter known as the CHB). The area covered by the Agreement is the area contained within the boundaries of the Joint Participants. SECTION V – AGREEMENT TO PARTICIPATE A. Charter members - A party desiring to become a charter member of the CHB shall indicate its intent by adoption of a board resolution prior to December 31, 2025. B. New members - Any Minnesota county governmental unit including but not limited to a joint powers entity of the State of Minnesota that is contiguous as outlined in Minn. Stat § 145A.03, subd.2 to any of the existing Joint Participants to the agreement, shall be eligible to become a member of Prairie Lakes Community Health Board. The CHB shall define member requirements for a new party and may impose such conditions of membership as it deems appropriate to protect the interest of Prairie Lakes Community Health Board and to provide for the benefits of its members. The addition of a new Joint Participant shall require a two-thirds (2/3) majority vote of the CHB. C. Compliance – A Joint Participant agrees to abide by the terms and conditions of the Agreement; including but not limited to the Joint Powers Agreement, bylaws, policies and procedures adopted by the CHB. SECTION VI – COMMUNITY HEALTH BOARD COMPOSITION, APPOINTMENT OF TERMS A. CHB Composition - The CHB shall be governed by a board composed and appointed as follows: a. Each participating county shall appoint two (2) county commissioners to serve as members of the CHB. b. Each participating county shall appoint one (1) at-large community member. Such appointments may be made upon the recommendation of the respective Public Health Director and will be approved by the county board. c. The CHB may appoint one (1) additional at-large representative in accordance with the selection process set forth in the CHB By-Laws. B. Appointment of members - All appointments to the CHB shall be made by the respective appointing authority of each participating county. Appointments shall be completed by December 31, 2025, and by January 31 of each subsequent year. If a county does not appoint a CHB member or at-large community member within the specified timeframe, the previously designated individual shall continue to serve until such time as a new appointment is made. A Joint Participant that withdraws from this Agreement shall retain representation on the CHB until the effective date of withdrawal, as provided in Section VII of this Agreement. C. Terms of County Commissioner Appointments – County commissioners appointed to the CHB shall serve without term limits and shall continue to serve until such time as they are removed or replaced by action of their respective county board or by the CHB as outlined in the CHB By- Laws. D. Terms for At-Large Community Members- At-large community members appointed by participating county board shall serve a term of three (3) years and may be eligible for reappointment at the discretion of the appointing county board or by the CHB as outlined in the CHB By-Laws. E. Terms of CHB Appointed At-Large Representative - The term of service for an at-large representative appointed by the CHB shall be determined at the discretion of the CHB, consistent with the procedures outlined in the CHB By-laws. F. Vacancies- Vacancies shall occur upon: a. The resignation, retirement, or death of the member or alternate; b. The member being removed as a CHB member by the appointing member county; c. The member ceasing to be a County Commissioner; or d. The member being removed by motion and at least three (3) affirmative votes of the other CHB members. G. Filling Vacancies- A vacancy of a member appointed by the county board of commissioners of a Joint Participant to the Agreement shall be filled promptly by the appointing Joint Participant as soon as the vacancy occurs. A vacancy of an at-large representative shall be filled in accordance with the same process established for the initial appointment as described in the by-laws. H. Officers of the CHB- The CHB shall annually select the following members from among its members the following officers: Chair, Vice-chair, and Secretary. These three Officers shall collectively serve as an Executive Committee of the CHB. a. The election of officers shall be conducted at the first meeting of the calendar year. b. The CHB may elect or appoint such additional officers as it deems necessary to conduct the affairs of the CHB. c. The CHB shall have the authority to appoint such committees as it deems necessary to fulfill the purpose of the CHB. I. Open Meeting Law Compliance – The Community Health Board (CHB) shall comply with Minnesota Statutes, Chapter 13D (Open Meeting Law), as amended, including all requirements for notice, conduct of meetings, and use of interactive technology. a. Regular Meetings - The CHB shall establish a schedule of its regular meetings, and such schedule shall be kept on file at the primary office of the designated Community Health Services Administrator as required by Minn. Stat. 13D.04, subd. 1. Any additional notice requirements for regular meetings shall be specified in the CHB’s By-Laws. b. Special Meetings - Special meetings may be called in accordance with Minn. Stat. 13D.04, subd. 2. Written notice of special meetings shall be posted on the door of its usual meeting room at least three (3) days prior to the meeting. The notice shall include the date, time, place, and purpose of the meeting. Additional notice requirements for special meetings will be specified in the CHB’s By-Laws. c. Emergency Meetings - Emergency meetings may be called pursuant to Minn. Stat. 13D.04, subd. 3, when circumstances require immediate consideration by the CHB. A good faith effort shall be made to notify each news medium that has filed a written request for notice of meetings. Posted or published notice of emergency meetings shall not be required due to the urgency of the circumstances. d. Use of Interactive Technology - The CHB may conduct meetings by interactive technology in compliance with Minn. Stat. 13D.02 and 13D.021, as applicable. Notice of such meetings shall include the regular meeting location and the fact that members may participate in the meeting by interactive technology. The CHB shall ensure that all members of the body participating in the meeting, wherever their physical location, can hear and see all discussion and testimony presented at the location at which one member is present; members of the public present at the regular meeting location of the body can hear and see discussion and testimony and all votes of the members of the body; at least one member of the body is physically present at the regular meeting location; and all votes are conducted by roll call so each member’s vote on each issue can be identified and recorded. Additional requirements for use of interactive technology shall be specified in the CHB’s By-Laws. e. Posting of Notices - All meeting notices required under this section shall be posted in accordance with the methods and timelines set forth in Minn. Stat. 13D.04 and the By- Laws of the CHB. J. Meeting Frequency - The CHB shall meet at least quarterly in each calendar year. The CHB may meet more frequently as provided in the By-laws. K. Voting - A quorum shall consist of no less than fifty-one percent (51%) of CHB members eligible to vote. CHB 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. L. By-Laws - The CHB may adopt bylaws to govern its operations. Such bylaws shall be consistent with the Agreement and applicable law. M. Amendments - This Agreement may be amended from time to time as deemed necessary. N. Documentation - Resolutions or other documentation of designation shall be filed with the appointed Community Health Services Administrator. O. Members not employees - Members of the CHB shall not be deemed employees of the CHB. As defined in the by-laws, CHB Members shall be compensated with a per diem and mileage for serving the CHB. SECTION VII - AUTHORITY AND DUTIES OF THE COMBINED COMMUNITY HEALTH BOARD A. Powers and Duties - The CHB shall possess all the powers and duties now assigned by the law, pursuant to Minnesota Statutes Chapter 145A, 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 Statutes 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. Specific Powers of the CHB include: a. Control and direct the administration of the affairs of the CHB. b. Appoint an agent of the CHB to act on their behalf. The CHB shall notify the Commissioner of Health of the agent’s name, address and phone number where the agent may be reached between CHB meetings and submit a copy of the resolution authorizing the agent to act on behalf of the CHB. c. Appoint a medical consultant to ensure appropriate medical advice and direction for the CHB and assist the CHB and its staff in the coordination of services with local medical care and other health services. d. Acquire, by any lawful means, including gifts, purchase, lase or transfer of custodial control, such as lands, buildings, facilities and equipment necessary and incident to the accomplishment of the purpose of Minn. Stat. Se. 145A. e. Accept gifts, grants, and subsidies from any lawful source. f. Apply for and accept local, state, and federal funds. g. Establish and collect reasonable fees for community health services to the extent permitted by law. h. Make recommendations to the County Boards of the Joint Participant counties relating to the CHB. i. Authorize the expenditure of subjected funds for the applicable fiscal year. j. Delegate to the Executive Committee the authority to purchase supplies and equipment necessary for the proper operation, care, maintenance and preservation of CHB facilities and equipment, provided that such purchases do not exceed budgeted amounts in the CHB’s budget. k. Lease and purchase capital equipment included in the CHB’s budget l. Sell, lease or dispose of surplus property. m. Act as paying agent for any bonds, contracts of indebtedness and loans made in the name of the CHB. n. Cause an annual audit to be made of its accounts, books, vouchers and funds. o. Enter into insurance agreements providing for liability and property insurance and such other insurance as the CHB deems necessary as otherwise provided in this agreement. p. Enter into a Delegation Agreement with the Joint Participant Counties to the extent that such a delegation is permitted by applicable law. B. Employees - The CHB may employ or contract with administrators, officers, employees and agents as necessary to carry out the provisions of this Agreement and the requirements of Minnesota Statute 145A, as enacted or hereinafter amended. C. Acquisition of Property - Acceptance of Funds. Collection of Fees - 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. D. Funding - The CHB shall coordinate local, state, and federal services and funding for public health services. The CHB shall expend funds in accordance with the annual approved budget and local priorities. E. Disbursement of Funds - The CHB shall develop criteria for the distribution of resources to the Public Health Departments of the joint participants. The CHB shall develop guidelines to select the service delivery model for programs for which the CHB is fiscally responsible. The CHB may provide for disbursements from public funds to carry out the purposes of this 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. F. Contracts for Services - The CHB may contract for services from private firms, non-profit 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 based on benefit/cost comparisons and the ability to provide the services. G. 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 death through the promotion of 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 licensed physician; and it shall coordinate public health service related to environmental health and regulatory services in the community. H. Establishing Local Priorities and Evaluation of Health Services - As a condition of qualifying for the Local Public Health Grant Funding, the CHB shall: a. Establish local priorities based on an assessment of community health needs and assets. b. Determine mechanisms to address the priorities and achieve statewide outcomes within the limits of available funding, as required by Minnesota Statutes. c. Evaluate the effectiveness and efficiency of community health services systems and programs. I. Equal Access to Services - The CHB shall identify community health needs and set priorities among the needs for the broad range of community 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 based on 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. J. Reports - The CHB shall submit reports on its expenditures and activities as is necessary for monitoring public health services and as required by Minnesota law. K. Operating Procedures - The CHB shall conduct business according to its approved operating procedures, which will be reviewed annually. SECTION VIII - PUBLIC HEALTH GOVERNANCE FUNCTIONS In accordance with national standards and the mission to protect and promote the health of all residents within the jurisdiction, the CHB shall carry out the following core Public Health governance functions: A. Policy Development - The CHB shall participate in the development and adoption of public health policies that protect and promote the health of the community. This includes setting priorities for health initiatives, endorsing evidence-based interventions, and ensuring alignment with local, state, and national public health goals. B. Resource Stewardship - The CHB shall ensure that adequate resources- financial, human, technological, and infrastructure- are available and allocated effectively to support essential public health services. This includes approving budgets, securing funding, supporting workforce development, and ensuring fiscal accountability. C. Legal Authority - The CHB shall understand and exercise its legal authority to protect public health. This includes adopting and enforcing public health ordinances, rules, and regulations; ensuring compliance with applicable laws; and supporting the health department’s capacity to carry out its statutory responsibilities. D. Partner Engagement - The CHB shall engage with community stakeholders, health care providers, businesses, nonprofit organizations, and governmental entities to build and sustain partnerships that improve population health. This includes fostering collaboration and ensuring diverse perspectives are considered in public health decision-making. E. Continuous Improvement - The CHB shall promote a culture of quality and accountability by supporting performance management, strategic planning, and evaluation. This includes reviewing public health outcomes, encouraging innovation, and supporting the health department’s efforts to achieve accreditation and adopt best practices. F. Oversight – The CHB shall provide oversight of CHB operations and performance. This includes evaluating the CHS Administrator’s leadership, monitoring progress toward strategic goals, and ensuring transparency and responsiveness in public health service delivery. SECTION IX – INDEMNIFICATION AND HOLD HARMLESS A. Applicability - The CHB shall be considered a separate and distinct public entity to which the Joint Participants have transferred all responsibility and control for actions taken pursuant to this Agreement. The CHB 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 Minnesota Statute 466. B. Indemnification and Hold Harmless - The CHB shall fully defend, indemnify, and hold harmless the Joint Participants against all claims, losses, liability, suits, judgments, costs and expenses by reason of the action or inaction of the CHB and/or employees and/or agents of the CHB. This Agreement to indemnify and hold harmless does not constitute a waiver by any participant of limitations on liability provided under Minnesota Statutes, Section 466.04. C. To the full extent permitted by law, actions by the Joint Participants pursuant to this Agreement are intended to be and shall be construed as a 'cooperative activity.' It is the intent of the Joint Participants to be deemed a single governmental unit for the purpose of liability, 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. D. The Joint Participants of this Agreement are not liable for the acts or omissions of 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 Joint Parties. E. The Joint Participants of this Agreement are required to maintain adequate insurance coverage included, but not limited, to property and casualty, workers’ compensation, and liability coverage. SECTION X - BUDGET AND FUNDS A. Accrual of interest - Any interest accruing to the CHB funds shall become part of the fund. Funds on hand at year end shall be reserved for future CHB operations. B. Reports - The CHB shall ensure strict accountabilities for all funds of the CHB and shall require reports on all receipts and disbursements made to, or on behalf of the CHB. The CHB Chair shall cause a written quarterly financial report, and such other reports as may be directed by the CHB to be prepared and submitted to the CHB for review and approval. C. Annual CHB budget - The Community Health Services Administrator shall prepare an annual budget and present it to the CHB no later than the date established by the CHB for the upcoming year. Upon adoption of the annual budget by the CHB, the financial contribution of each Joint Participant shall be determined and submitted as part of an annual budget request to each respective Joint Participant for approval and allocation. SECTION XI– DATA PRACTICES AND RECORDS COMPLIANCE The Parties shall comply with all applicable federal and state laws governing data collection, creation, storage, maintenance, dissemination, and access, including the Minnesota Government Data Practices Act (Minn. Stat. Ch. 13), the Health Insurance Portability and Accountability Act (HIPAA), and related regulations. All records maintained or shared by the Community Health Board—including, but not limited to, client records, administrative records, public health nuisance files, public health plans, grant and program documentation, and electronic or cloud-based data—shall be handled in accordance with the “Prairie Lakes Community Health Board Data Practices & Records Management Agreement,” as amended from time to time. SECTION XII-TERM OF AGREEMENT A. Term - This Agreement shall be continued from year to year until terminated as provided herein. B. Termination - This Agreement may be terminated by withdrawal from the CHB of any member county board of any of the Joint Participants. C. Withdrawal - The counties that are members of the CHB may withdraw from this Agreement by serving a copy of a resolution of withdrawal, duly passed by its governing 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, pursuant to Minn. Stat. § 145A.09, Subd. 7(b). The withdrawing county shall serve the resolution of withdrawal at least one (I) 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 of the resolution of withdrawal shall be made in writing and delivered electronically with a return receipt or by first class mail and the date of service shall be one week after the date of the notice. D. Termination Payment of Expenses - Upon termination of this Agreement the payment of expenses of the CHB shall be governed as follows: a. No distribution of any share of uncommitted surplus funds shall be made until all operating expenses (excluding payroll expenses) incurred during the operation of the CHB have been fully paid and satisfied. b. All funds may be transferred to the fiscal host until all operating expenses (excluding employee expenses) have been paid. c. 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 of not more than six (6) months. d. If the authority of the fiscal host to expend funds or sign documents on behalf of the CHB is needed for more than six (6) months, a resolution of each member county board shall be sufficient authority to continue to handle the funds until terminated as set forth by the Resolution adopted by the county boards. Termination Transition Oversight - If there are any 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 of the said expenses based on current year CHB budget. E. Grant Closeout - Any grant money received during the operation of the CHB not 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 specified in the grant proposal or agreement, said monies shall be distributed in the following order: a. Returned to the agency supplying the grant funds or distributed as instructed by said agency or as provided in the Grant. b. Distributed to the county which will continue to provide the services by said grant. F. Termination Distribution of Property - Upon the termination of this Agreement, any property and/or funds under the control of the CHB as defined herein shall be returned to each Joint Participant in proportion to its relative financial contributions to the CHB. SECTION XIII -MODIFICATION OF AGREEMENT Any modifications, amendments, or alterations to the provisions of this Agreement shall only be valid if reduced to writing and approved and signed by all by respective County Boards. SECTION XIIII- EXECUTION OF ENTIRE AGREEMENT This Agreement shall be executed pursuant to resolution adopted by the participating County Boards. This Agreement shall constitute the entire Agreement of the Joint Participants and shall supersede and amend any previous written agreement and any previous contemporaneous oral agreement of the Joint Participants. This Agreement may be executed in several counterparts, each of which shall be an original, and all of which shall constitute one and the same instrument. Original: Adopted -Signatures on separate pages-