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HomeMy WebLinkAbout[02b] Human RightsJudy Weyrens From: MATTHEW STAEHLING [ MATTHEW .STAEHLING @ci.stcloud.mn.us] Sent: Tuesday, March 23, 2010 4:45 PM To: Michael Williams; Judy Weyrens Cc: Brenda A. Wolbeck; Thomas G. Jovanovich Subject: Re: Human Rights Documents Attachments: MOU MDHR and JPB.doc; Regional Human Rights Office- JPA.doc Judy, I am attaching a revised draft of the MOU and the joint powers agreement. I had a conversation with Mr. Michael Browne from the State Department of Human Rights and spoke to him regarding some of the concerns that have been raised. I addressed some of these concerns in comments through the track changes feature. Tom, The joint indemnification section in the MOU is quite lengthy but I think it has us covered. If you have other ideas or different language that you had in mind let me know. Matthew A. Staehling City Attorney 400 2nd Street South St. Cloud, MN 56301 (320) 255 -7204 The information contained in the e-mail and any attached files is intended for the use of the individual or entity named above, and constitutes an ATTORNEY- CLIENT COMMUNICATION which is privileged and exempt from disclosure under applicable law. If the reader of this mail is not the intended recipient, you are requested to refrain from reading this e-mail or examining any attachments to the e-mail. Please notify the person sending the message of the mistaken delivery immediately. >>> Michael Williams 3/22/2010 9:58 AM >>> Judy: Thanks for the detailed comments. I have quickly responded below and will forward to Matt Staehling our city attorney for changes. I assume that he will desire to visit with Tom. The MOU: 01. I will be glad to add "awareness" to the sentence; but, do not agree to removing the word enforcement. Enforcement is one of the primary reasons that the State of Minnesota is the subject of the contract. 02. Agreed. 03. We are not in a position to make allotments of time. This is a generalized description of services for a program that has not started. The JPA Board and the Regional Commission will have the ability to monitor and adjust the services. 04. Agreed. 05. We will look at this section. Good comment. I expect we will recommend that a local commission, if desired by a member county, will designate a way or a person to liaison with the regional commission. 1 06. No one would think about placing the office outside our general area! We could state that the office will be located within a member city. 07. The JPA is to provide a representative, a person, to interact with the State if necessary. A chairperson or a staff person from one of the cities. This is to allow some efficient communications if necessary. We will clarify. 08. We can let the attorneys work this one out. 09. We will look at the termination clauses. The JPA: 01. We will look at the termination clauses. 02. Since it is Federal Grant money, the CDBG could be terminated, within this 5 -year period. The funding to be provided by the cities is limited. If the CDBG is terminated the limited funding allowed would not be sufficient to continue operations. So, the agreement would be terminated. This section doesn't need to be changed. 03. We will look at the termination clauses. Thanks again. >>> "Judy Weyrens" <iwevrens (@cityofstioseph.com> 3/22/2010 >>> Good Morning Mike - Please find attached the Human Rights documents highlighted with the concerns expressed at the City Council meeting last Thursday. It will probably be most efficient to have the St. Cloud Attorney contact Tom Jovanovich directly to resolve any outstanding concerns. He can be reached at 251 -1055. Please let me know if you have any questions. Thanks Judy Weyrens Administrator City of St. Joseph PO Box 668 St. Joseph MN 56374 (320) 363 -7201 (320) 363 -0342 (Fax) iweyrens@cityofstioseph.com < mailto :iweyrens (@cityofstioseph.com> z THE ST. CLOUD REGIONAL HUMAN RIGHTS OFFICE MEMORANDUM OF UNDERSTANDING AND SERVICE AGREEMENT BETWEEN THE MINNESOTA DEPARTMENT OF HUMAN RIGHTS AND THE JOINT POWERS BOARD This MEMORANDUM OF UNDERSTANDING (MOU) is hereby made and entered into by and between the Minnesota Department of Human Rights (MDHR) and Joint Powers Board (JPB) for the creation of the St. Cloud Regional Human Rights Office ( SCRHRO). A. PURPOSE The purpose of this MOU is to increase freedom from discrimination for persons in the state and specifically the St. Cloud area. Both the MDHR and the JPB acknowledge and affirm this public policy and understand that discriminatory acts seldom follow strict political or geographic boundaries. For these reason, it is agreed to by the aforementioned entities, that a Regional Human Rights Office in the St. Cloud area (would increase enforcement of anti - discrimination laws and promote the goal of eliminating discrimination in the State of Minnesota. It is in the spirit of cooperation, and in the best interest of the residents and visitors of the St. Cloud area, that the MDHR and the JPB form this working partnership and establish the SCRHRO. With the institutional knowledge from the MHRA, the SCRHRO will identify action items and measurable results, in order to engage the community through outreach and education, complaint processing and contract compliance, thus addressing the growing needs of the increasingly diverse populous in St. Cloud area. B. SERVICE AGREEMENT 1. TERMS OF THE AGREEMENT 1.1 Effective date: The effective date of this MOU will be the date of last signature, or the date that the MDHR obtains all required signatures under Minn. Stat. § 16C.05, subd. 2, whichever is later. Comment [MAST]: This section is consistent with M.S. §363A..06, which amines the duties of the Commissioner of Human Rights. 11 Comment [02]: would tike this to be increase awareness instead of enforcement. 1.2 Expiration date: This MOU shall continue in effect for a term of five (5) years from the effective date. The agreement shall be renewable at the end of the current term for a successive 4 -year term unless the parties give written notice of its intention not to renew 90 -days before the expiration of the current term. 2. SCOPE OF THE SERVICES The jurisdiction for the services to be rendered will be based on territorial and subject matter identified, and not on personal jurisdiction. It is agreed that the MDHR will ry ovide the following services to the St. Cloud area under this MOUE comment[os): Miaemg the word provide 2.1 Outreach & Education Activities (55% time) i. Focus the MDHR's "Educate to Eliminate" plan specifically on issues touching the St. Cloud area and facilitate further understanding the Minnesota Human Rights Act as well as other anti - discrimination laws ii. Create partnership with local organizations in order to respond to current human rights issues in the community iii. Conduct training and workshops iv. All education and outreach activities will be tailored to meet the needs of the member cities and member residents 0.2 Complaint Processing (35% time) Comment [MAS4]: These percentages are i . Intake of complaints originating in the St. Cloud Regional Human ', guidelines only. The Minnesota Department of Rights Office will be processed locally at the SCRHRO when the `, Human Rights maintains managerial rights over the office and will respond according to the needs of the complainant lives or works in the member jurisdiction or when the oommunity. Complaints will not be turned away. It allegation of discrimination occurred in one of the member is difficult to predict the volume of complaints however outreach and education remain an important jurisdictions. focus ii. Assessment of complaints t Comment [OS]: Would Imke a more definitive iii. Referral to more appropriate State & Local agencies, if appropriate allotment of time rather than 35 %. His concern is that complaint processing can take a significant iv. Conduct Alternate Dispute Resolutions (ADR): referred to MDHR amount of time and does not want to see the Mediation Program as appropriate education and outreach diminished because of time requirement. ) V. Investigation of charges originating in the St. Cloud Regional Human Rights Office vi. Make determination on complaints. - - -- - - - -- - comment [06]: should be "on complaints vii. Coordinate conciliation and/or litigation viii. Monitor settlement agreements 2.3 Contract Compliance (5% time) i. Referred to MDHR's St. Paul Contract Compliance Office 2.4 Support Staff to Regional Human Rights Commission (5% time i. MDHR will provide staff support services to the Regional Human Rights Commission (RHRC) ii. Staff Support Services will include: the taking of the minutes, drafting correspondence and other meeting support as needed. 0 Based on the services requested, the MDHR will initially hire and train 1.5 FTE (Full Time Employees) for the SCRHRO. These individuals are to be employed by the State of Minnesota and function at the direction of, and are managed by, the Commissioner of Human Rights. All decisions regarding the hiring, promoting, disciplining and discharging of the employee are reserved to the Commissioner of Human Rights. All rules, regulations and policies of the State of Minnesota will govern the conditions of their employment, including all previously established labor agreements, and office setting protocol, including remote access to all MDHR computer databases. All equipment purchased for the St. Cloud Regional Human Rights Office will be the property of the MDHR. 2.4 Reporting The MDHR agrees to report to the JPB on the performance of the St. Cloud Regional Human Rights Office. An annual work or activity plan will be developed by the MDHR, subject to approval by the JPB. This work plan will contain action items and measures to account for the consideration identified in paragraph B(3) below. The parties agree that during the life of this MOU, and the existence of the SCRHRO` the activities of any and all local commissions, including any and all efforts to create a separate local commission, as defined under Minn. Stat.§ 363A.07, will be suspendedi CONSIDERATION AND PAYMENT This instrument is a fiscal and funds obli;oadnQ document Comment [MAST]: The joint powers board should discuss this item. Comment [08]: Does this mean that the new commission just appointed by St. Cloud will have to br suspended? The Minnesota Department of Human Rights will create a branch office located l within khe corDOrate boundaries of one of the member cities. Comment [09]: Would like to make sure that the which is referred to as the St. Cloud Regional Human Rights Office. b" Services would be delivered by MDHR staff and MDHR would oversee daily office is located in the neon that boundary other e Cloud Area Cities. Concern that the office could be located m Big Lake or some other City near St . operations and management of the branch office. p g Clone. St. Joseph is fine with the office being located in the City of St. Cloud. Although the Joint Powers Board consists of distinctive political subdivisions (municipal/county entities), the agreement is made solely with the JPB. The JPB will fund the branch office, and the funding formula for participating partners will be established by the JPB. All funds will be transferred to a special account to cover all administrative functioning associated with the St. Cloud Regional Human Rights Office, and all items purchased for said office will became the property of the MDHR. 4. CONDITIONS OF PAYMENT All services provided by MDHR under this agreement must meet the requirements of Minn. Stat. § 363A. C. AUTHORIZED REPRESENTATIVES For purposes of this MOU and Service Agreement, the MDHR's authorized representative is the Commissioner of Human Rights or his/her successor. The Joint Powers Board is responsible for electing an authorized representative and its �uccessor organization at the time of the signing of this agreement. D. JURISDICTIONAL AUTHORITY MDHR and JPB agree that jurisdictional authority is wholly contained within the Minnesota Human Rights Act, Minn. Stat. § 363A. E. PUBLIC NATURE OF AGREEMENT This MOU shall be classified as a public document under the Minnesota Government Data Privacy Act, and the Minnesota Human Rights Act. F. ENTIRE AGREEMENT This MOU constitutes the entire agreement between the parties and supersedes any and all prior agreements. No modification shall be binding on either of the parties unless it has been agreed to by the parties in writing, signed by them and identified as an amendment to this MOU. There are no inducements or representations leading to the execution of this MOU except as those explicitly contained within this document. G. LJOP.e I INDEMNIFICATION To the fullest extent permitted by law, the JPB shall indemnify, hold free and harmless, assume legal liability for and defend the MDHR, its appointed officers, employees, agents or any person acting on its behalf from and against any and all liability arising out of the activities to be carried out pursuant to the obligations of this MOU as it pertains to the SCRHRO, which are not a part of the normal course of MDHR's business, including but not limited to, demands, suits, judgments, claims, proceedings, actions, fees, costs, expenses, losses and damages without limitation arising from or connected with the JPB's acts and/or omissions. Furthermore, the JPB shall reimburse the MDHR, its appointed officers, employees, agents or any person acting on its behalf for all attorneys' fees, costs, and expenses incurred in connection with the defense of such claims or actions. , I'o the fullest extent permitted by law, the MDHR shall indemni z hold _free and harmless, assume legal liabili for 1 Comment (0101: Questions what this is referent to. and defend the JPB, its appointed officers, employees,4,ents or any person acting on its behalf from and against any and all liability arising out of the activities to be carried out pursuant to the obligations of this MOU as it pertains to the SCRHRO, which are not a part of the normal course of MDHR's business, including but not limited to, demands, suits, ju ents, claims, proceedings, actions, fees, costs, expenses, losses and damages without limitation arising from or connected with the MDHR's acts and/or omissions. Furthermore, the MDHR shall reimburse the JPB, its appointed officers, employees, agents or any..person acting on its behalf for all attorn s' fees. costs. an d expenses incurred in connection with the defense of such laces ims or actions. Nothing in this agreement is intended to waive immunities from liability tit. either R4gy may have regarding the operation of a regional human rig�its office. H. VOLUNTARY AND KNOWING ACTION The parties to this MOU acknowledge that they have read and understand the terms of this MOU, that they have been given an opportunity to be represented by legal counsel, and that they are voluntarily entering into this MOU and Service Agreement to effectuate the terms contained within. I. PARTICIPATION IN SIMILAR AGREEMENTS This instrument in no way restricts the MDHR from participating in similar MOUs with other public or private agencies, organizations and/or individuals. J. �ARLY TERMINATION In the event that either party believes that the other materially has breached any obligations under this Agreement, such party shall so notify the breaching party in writing. The breaching party shall have 60 -days from the receipt of notice to cure the alleged breach and to notify the non - breaching party in writing that cure has been effected. If the breach is not cured within the 60 -days, the non - breaching party shall have the right to terminate the Agreement. Termination is effected by written notice by amoo- thirds vote of the Joint Powers Board and _rai rivahon he I v,, o third, of the member cities, subsequent to a public hearing on the matter, or by written notice by the Commissioner of Human Rights. l The parties have caused this MOU to be signed on the dates opposite their signatures. Comment [MAS11]: This language was added to provide for cross or joint indemnification. Comment [012]: The City Attorney would like diis section re- worded. { Comment [013]: Can this section be consistent lwith the language in the Joint Powers Agreement Dated: Dated: FOR THE MINNESOTA DEPARTMENT OF HUMAN RIGHTS Velma J. Korbel, Commissioner FOR THE JOINT POWERS BOARD 0 Its Chair JOINT POWERS AGREEMENT ESTABLISHING A BOARD OF DIRECTORS TO ORGANIZE AND GOVERN A COMMUNITY BASED EFFORT TO PROVIDE HUMAN RIGHTS SERVICES AND SUPPORT A REGIONAL HUMAN RIGHTS OFFICE The parties to this Agreement are governmental units of the State of Minnesota. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statute §471.59 and §462.358. 1. General Purpose. The purpose of this Joint Powers Agreement is to establish a Board of Directors to organize and govern a community -based effort to provide human rights services and support a regional human rights office which will be staffed and operated by the Minnesota Department of Human Rights. 2. Definitions. 2.1 "Additional Member." A signatory of this Joint Powers Agreement who is not an Initial Member, having joined after the first year of its existence. 2.2 "Board." The Board of Directors established by this Agreement. 2.3 "Director." A member of the Board of Directors. 2.4 "Initial Member." An original signatory of this Joint Powers Agreement as identified in Section 3.1. 2.5 "Member." Any city which is a signatory to this Agreement. 3. Membership. 3.1 The Initial Members are: The Cities of St. Cloud and St. Joseph. 3.2 No change in governmental boundaries, structure, organizational status or character will affect the eligibility of any Member listed above to be represented on the Board as long as such Member continues to exist as a separate political subdivision. 4. Board of Directors. 4.1 The community based effort to provide human rights services set forth in this Agreement must be governed by a Board of Directors which must consist of two Directors appointed by the governing body of each Initial Member listed in Section 3.1 above. Each Member may designate an alternate for its appointed Director. Each Director and alternate must be a member of the governing body of their respective Member. Directors will serve one year terms on the Board. 4.2 Directors must serve without compensation from the Board. This does not prevent a Member from providing compensation to a Director for serving on the Board. 5. QuorumNoting. 5.1 A majority of all of the Directors will constitute a quorum. A simple majority vote of the Directors present at a meeting with a valid quorum is required for the Board to take action, unless otherwise provided by law. 5.2 There is no voting by proxy. Except as otherwise authorized in this Agreement, all votes must be cast by the Director or designated alternate at a Board Meeting. Each Director shall have one vote. 6. Officers. 6.1 The officers of the Board will be a Chair and a Vice- Chair. 6.2 At its first meeting, the Board must elect a Chair and a Vice -Chair who will serve through December 31 of the year when first elected and until a successor is elected. At the meeting prior to completion of the initial term(s) and at the completion of every term thereafter, a Director must be elected to each respective office for a one -year term. 6.3 A Director must be elected in the same manner as above to fill out an unexpired term of any office which becomes vacant. 7. Meetings. 7.1 The Board must meet at least annually on a schedule determined by the Board. 7.2 Meetings of the Board may be called by the Chair and must be called upon written request of a majority of the Directors. 7.3 All meetings must be conducted in compliance with the Minnesota Open Meeting Law, Minnesota Statutes Chapter 13D. 8. Powers and Duties of the Board. The powers and duties of the Board are limited to the following: 8.1 Establish a Regional Human Rights Commission. Subd. 1. Purpose. The purpose of the Human Rights Commission is to secure for all citizens and visitors equal opportunity in education, employment, housing, public accommodations, and public services, and full participation for all its citizens in the affairs of this community. Subd. 2. Composition and Qualifications, Appointment and Removal, Compensation. (a) The Commission will consist of eight members. Six of the eight Commission members must be persons having protected status as defined by Minnesota Statute Chapter 363A entitled the "Human Rights Act." At least three of the six members will represent different protected categories. No more than four members may be of the same gender. (b) All members will be appointed by the Board with the advice and consent of the governing body of each Member and with due regard to their fitness to fulfill the functions, powers, and duties vested in and imposed upon the Commission. (c) The Board may remove any member of the Commission in the best interests of the Member cities. (d) Members of the Commission will serve without compensation. Subd. 3. Terms of Members, Vacancies, Participation. (a) Appointment: At the time of the initial appointment, members of the Commission will be appointed to-terms of three years, except that any person appointed to fill an unexpired term will serve only until the expiration of that term. No person will serve more than two consecutive terms. (b) Meetings: The Commission will meet monthly and may meet additionally at the call of the Chairperson or of any two members. (c) Officers: The Commission will at its first meeting in January of each year, elect a Chairperson and Vice - Chairperson. No person will serve more than two consecutive terns as Chairperson or Vice Chairperson. The State of Minnesota Department of Human Rights will provide staff support including acting as the Recording Secretary for the Commission. (i) Chairperson: The Chairperson will preside and maintain order at all Commission meetings and will make such reports as required by law and as ordered by the Commission to the Board. (ii) Vice Chairperson: The Vice Chairperson will fulfill the duties of the Chairperson in the absence of the Chair including the calling of Commission meetings and assist the Chairperson with administrative duties, and monitor the expenditure of funds allocated for human rights through the Commission. (d) Procedure: All business of the Commission will be conducted in an orderly and lawful manner, and the Commission will at all times be vigilant to preserve and protect the rights and privacy of both persons having human rights complaints and persons against whom human rights complaints have been made. Specific human rights complaints made against named individuals will not be heard by the Commission. However, the Commission may be addressed by individuals regarding problems and issues generally with due regard for the privacy of all persons. Persons having specific human rights complaints will be referred to the State of Minnesota Department of Human Rights. The Commission may also enact bylaws, with the approval of the Board, to govern its own affairs. The bylaws will not provide for the removal of Commission members by the Commission, but may provide a procedure by which the Commission may recommend removal of a Commission member to the Board. The bylaws may include recommendations for the training of Commission members as deemed appropriate by the Commission. (e) Public: All meetings of the Commission, records and minutes will be open to the public except as otherwise may be provided by applicable law. Subd. 5. Duties and Responsibilities. (a) Working in cooperation with the State of Minnesota Department of Human Rights the Commission will foster, through education, conferences and public information, general awareness and understanding of human rights issues and laws in the Member cities. The Commission may make recommendations to the Board on legislation and policy changes at any level of government. Except for their advice to the Board, the Commission will not attempt to directly influence the legislation or policy changes the Commission recommends. Individual Commission members may, as individuals or representatives of other organizations, advocate before other legislative or executive bodies as individuals or representatives of other organizations, but they will not represent that they are representing the Board or any Member city unless so authorized by the Board or the Member city. The Commission will not participate or intervene in (including the publishing or distributing of statements) any political campaign on behalf of (or to opposition to) any candidate for public office. (b) In addition to the State of Minnesota Department of Human Rights the Commission will enlist the cooperation of agencies, organizations, and individuals in the community, and will cooperate with the human and civil rights agencies of other communities, in an active program directed to create equal opportunities and equal rights for all persons. (c) The Commission will advise the Board on human relations and civil rights issues including the functioning of the agreement with the State of Minnesota described in paragraph 8.2 below. 8.2 Enter into an agreement with the State of Minnesota Department of Human Rights to operate a regional human rights office in the St. Cloud area. That office should provide the following services: 1. Complaint intake. 2. Pre - investigative dispute resolution. 3. Forwarding of the complaint to the State Office staff when necessary. 4. Education and outreach services in the form of training about the Minnesota Human Rights Act. 5. Coordinate forums and cultural diversity events that may be conducted by other entities or consultants. 6. Serve as staff in support of a regional human rights office. 8.3 Annually report to Members on Board activities and progress in meeting goals. 8.4 The Board may research and make recommendations to the Members regarding matters related to the purpose of this Agreement. 8.5 The Board may consult with persons knowledgeable in human rights such as research organizations, educational institutions, other political subdivisions, and any other persons who can provide pertinent information. 8.6 The Board must contract for or purchase such insurance as the Board deems necessary for the protection of the Board and the Members. 8.7 The Board may accumulate reserve funds for the purposes herein mentioned and may invest funds not currently needed for its operations. 8.8 The Board may collect money, subject to the provisions of this Agreement, from its Members and from any other source(s) authorized by law. 8.9 The Board may make contracts, employ consultants, incur expenses and make expenditures necessary and incidental to the effectuation of its purposes and powers, in conformance with the requirements applicable to contracts and purchases of all of the Members. 8.10 The Board will cause to be made an annual audit of the books and accounts of the Board and must make and file a report to its Members at least once each year. Strict accountability of all funds and report of all receipts and disbursements must be made. 8.11 The Board's books, reports and records will be available for and open to inspection by its Members at all reasonable times. The Board's records shall be available for inspection by the public pursuant to Minnesota Statutes, Chapter 13. 8.12 The Board may appoint such committees as it deems necessary to exercise to powers of the Board in accordance with by -laws adopted by the Board and as allowed by law. 8.13 The Board may exercise all other lawful powers necessary and incidental to the implementation of the purposes and powers set forth herein, including, without limitation, the adoption of by -laws to govern the functioning of the Board, provided that no by -law or action of the Board will be contrary to the terms of this Agreement. 8.14 ( 9ufing fmy pef:fion of the- iefm of this Agreement * whieh afe no more tlan7 two MeFnbeF3 if eithef enemle wishes to tefminme Eris tk& AgFeemepii ; allowing f easenWe time ­_ work inpfegress. Diming all there afe at least dwee fnembefs rthe d may r -weive petitions .f4- inetien e€4#is A"efRet3t €Ferff MeFHber-s- Upea Feseipt of petitien of el Member- the l3eaf!d must cunt -a public- leg. The Beams must previde -a minifnwo-of 344ays notiee in g to *a City- AdmieisEra ml Seger of see-h Member afmf­ by publieaEion 4e - *- eewspapef of goneFal eireulaties 4 Member- eities Upee­w 24-- e€ till Direetem aefing upon a reseletiee of the Beard; -the most be submitted to the Cil�,, Couneg of earh Membef and if ratified by 24 of dw Members, 4he -Bo"d must 4eF»ineW his AgFeeiment, Wowing feasomb! time 4e aomplete wofk in- fees:- -keasomNe tie-to complete woFk -ire pFogress must- inslude time to gi e State of Mifffle to establish sefse{ 9. Additional Members 9.1 Other cities may become a party to this Agreement upon a 2/3 majority of all Directors acting upon a resolution of the Board. The new Member shall sign a copy of this Agreement. Existing Members shall not be required to resign. 9.2 The Board may require Additional Members to pay a fee deemed appropriate by the Board. Said fee must take into consideration the expenditures of the Board to date. The Board may allow this fee to be paid over one or more years. 10. Employees. 10.1 Employees of the member Cities serving as a Director or providing project administrative services will not be considered employees of the Board for any Comment [011: Seemed out of place as them is e termination and withdrawl clause in the bade of the agreement Makes sense to have termination at the 1 end of the agreement as in 13 and 14. J purpose including, but not limited to, salaries, wages or other compensation or fringe benefits; workers' compensation; unemployment compensation or reemployment insurance; retirement benefits; social security; liability insurance; keeping of personnel records and termination of employment. Each Member agrees to contribute each year to a general fund. The annual contribution by each Member will be determined in accordance with a budget approved by the Members governing bodies. 10.2 1 The Members anticipate receiving a Community Development Block Grant in the amount of $70,000, annually for five years. The initial contribution by each Member will be as follows: The City of St. Cloud will contribute $18,473. The City of St. Joseph will contribute $1,527.1 The initial contribution must be paid within sixty days after the effective date of this Agreement. 11. No Payment to Assisting Staff. No Member will be responsible or liable to any other Member for the payment of wages or other remuneration to the other Member or to the other Member's employee(s), notwithstanding the fact that such employee may from time to time pursuant to this Agreement, provide services which benefit the other. Contributions to the general fund are to be used for general administration purposes including, but not limited to expenses, supplies, insurance and bonds. 11.1 Each year, the Board will, by approval of a 2/3 vote of all its Directors, adopt a proposed general administration budget for the ensuing year and decide upon the total amount necessary for the general fund. The Board must certify the budget on or before July 1 to the clerk of the governing body of each Member, together with a statement of the proportion of the budget to be contributed by each Member. Each member must approve or object to the proposed budget and the Members' financial contribution and give notice of its action to the Board. The budget will be deemed approved by a Member in the absence of action by August 1. Final Action adopting a budget for the ensuing calendar year must be taken by the Board on or before October 15 of each year. Each Member's contribution must be paid by January of the following year. No Member's contribution will exceed $0.81 per capita. The per capita rate will be the same for each Member. 11.2 Upon the failure of any Member to contribute its financial obligation in a timely manner, or to fulfill any of its other material obligations under this Agreement the Board may expel a Member upon 2/3 vote of all its Directors. 12. Duration. This Agreement will continue for a period of five years after its effective date unless earlier terminated as provided herein. comment [02]: The section should be updated as it is our understanding that the funding from the Community Block grant was approved. The Council questioned whether or not there should be a financial section where it is acknowledged that the grant is funding the program in the amount of S 70,000 and each cities contribution. This would combine 10.2 and 1 1.1. They would also like to change the budget timeline in 11.1 to September 1. 13. germination. 13.1 During any portion of the term of this Agreement in which there are no more than two Members if either member wishes to terminate this Agreement, then the Board must terminate this Agreement._ allowing_ reasonable time to complete work in progress. Agmemeat , be r,., the agreement ef 24 of the Membefs. A.-ty Meff9w 4h& Beaf to 13.2 During all other portions of the term of this Agreement when there are at least three members the Board may receive petitions for termination of this Agreement from Members. Upon receipt of a petition of a Member the Board must conduct a public hearing The Board must provide a minimum of 30 days notice in writing to the City Administrator / Manager of each Member and by publication in a newsvaper of general circulation in Member cities Upon a 2/3 vote of all Directors acti ng upon a resolution of the Board, the Board must recommend termination of this Agreement .A copy of the resolution must be submitted to the City_ Council of each Member and if ratified by 2/3 of the Members. the Board must terminate this Agreement allowing reasonable time to complete work in progress. Reasonable time to complete work in prop•ess must include time to give notice and terminate any amoment with the State of Minnesota to establish a regional human ri is office. 13 -1 Upon termination of this Agreement, all monies on hand shall be distributed to the current Members. Any distribution of assets must be made in proportion to the total contributions by the respective Members over the entire duration of this Agreement. The Board will continue to exist after termination for such period as is necessary to wind up its affairs, but not for other purpose. 14. Withdrawal. 14.1 During any portion of the term of this Agreement in which there are more than two Members, aA Member may withdraw from this Agreement, by resolution of its city council, provided that the member gives a 120 -day notice to the Board and the other Members. Any Member formally withdrawing is still obligated to pay its contribution according to the terms of this Agreement for the then current budget year but will have no further liability or obligation to the Members except as to actions, events or responsibilities arising or occurring before the effective date of withdrawal. Any Member withdrawing under this provision will not be entitled to any refund from the Board. Comment [03): See comment 1, 15. Indemnification. 15.1 The Board of Directors must defend and indemnify its members for any liability claims arising from Board activities or operations, and decisions of the Board of Directors. Nothing in this agreement will constitute a waiver of the statutory limits on liability set forth in Minnesota Statutes, Chapter 466 or a waiver of any available immunities or defenses, and the limits of liability under Minnesota Statutes, Chapter 466 for some or all of the parties may not be added together to determine the maximum amount of liability for any party. 15.2 Nothing herein will be construed to provide insurance coverage or indemnification to an officer, employee, or volunteer of any member for any act or omission for which the officer, employee, or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. 15.3 Any excess or uninsured liability must be borne equally by all the members, but this does not include the liability of any individual officer, employee, or volunteer which arises from his or her own malfeasance, willful neglect of duty, or bad faith. 16. Severability. 16.1 If any portion of this Agreement is found to be void, unenforceable, unconstitutional, or any combination of these, by a court of competent jurisdiction, the remaining portions of this Agreement shall remain in effect. 17. Effective Date. 17.1 This Agreement shall be in full force and effect when all members sign this Agreement. All members need to sign the same copy. Each member shall file the signed Agreement with the St. Cloud City Clerk who will notify all members of the effective date of the Agreement. IN WITNESS WHEREOF, The parties hereto have duly executed this Agreement by action of their governing bodies, in accordance with law. CITY OF ST. CLOUD CITY OF ST. JOSEPH By its Mayor By its Mayor