HomeMy WebLinkAbout13.A.2. Discussion of Joint Powers Agreement for Southbridge Crossings
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CITY OF SHAKOPEE
MEMORANDUM
CASELOG NO: NA
TO: Honorable Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Discussion of Joint Powers Agreement for Southbridge Crossings
Transit Station
MEETING DATE: May 1, 2007
INTRODUCTIONIDISCUSSION:
The new park and ride facility (Southbridge Crossings Transit Station) will open in June
of this year. Because there is not currently one transit authority in the County, Shakopee,
Prior Lake, and Scott County staff have been working together through the Scott Transit
Planning Team to develop a joint powers agreement (JPA) that addresses ownership of
the site, activities related to its operation and maintenance, and the sharing of costs.
Because the JP A will need to be acted on by the Shakopee and Prior Lake City Councils
and the Scott County Board of Commissioners later in Mayor early in June, staff wanted
to provide Council with an opportunity to ask questions and provide any direction it fees
appropriate before finalizing the JP A for approval and execution.
VISIONING RELATIONSHIP:
The proposed JPA supports adopted Goal B: High quality oflife.
ACTION REQUESTED:
Provide direction to City staff regarding additions or amendments the Council believes may
be needed before bringing the JP A forward of approval and execution.
_4~~.d-
R. MIchael Leek
Community Development Director
H:\CC\2007\05-01\Park and Ride JPA draft.doc
JOINT POWERS AGREEMENT
FOR THE OPERATION AND MAINTENANCE OF
"SOUTH BRIDGE CROSSINGS STATION" PARK AND RIDE FACILITY
LOCATED SOUTH OF TH 169/13 AND EAST OF CSAH 18
THIS JOINT POWERS AGREEMENT is made and entered into by and between
Scott County, a Minnesota governmental entity located at Government Center 300,
200 Fourth Avenue West, Shakopee, Minnesota 55379-1220 (hereinafter referred to as
the "County"); the City of Shakopee, a Minnesota municipal corporation located at 129
Holmes Street Shakopee, MN 55379 (hereinafter referred to as "Shakopee"); and the
City of Prior Lake, a Minnesota municipal corporation located at 16776 Fish Point
Road SE, Prior Lake, MN 55372 (hereinafter referred to as "Prior Lake"); hereinafter
collectively referred to as the "Parties".
RECITALS
WHEREAS, the Parties are authorized to enter into joint powers agreements
pursuant to Minnesota Statutes, Section 471.59, and
WHEREAS, the Parties have a shared interest in planning for and providing
efficient and attractive transit services that meet the needs of residents of Scott County,
and
WHEREAS, the Parties have, through prior undertakings, jointly participated in
completing a Unified Transit Management Plan (UTMP) that recommends various
capital and service improvements to address the transit needs of the residents of Scott
County; and
WHEREAS, each of the Parties has adopted recommendations of the UTMP,
either with or without specific comment or reservations, and
WHEREAS, through the direction provided by the Scott County Transit Review
Board (TRB) and the efforts of the Scott County Transit Planning Team (TPT) and Scott
County Transit Marketing Committee, the Parties have proceeded with implementation
of the UTMP recommendation to develop a regional park-and-ride facility; and
WHEREAS, the above-referenced park and ride facility is known as "South bridge
Crossings Station,' will initially accommodate about 500 parking spaces, and may
eventually be expanded to accommodate up to 1500 total parking spaces; and
WHEREAS, the Parties participated in and shared the cost of designing and
constructing the regional park-and-ride facility located on approximately 7.03 acres of
land in the southeast corner of State Highway 169 at its intersection with County State
Aid Highway 18, as more specifically identified and described in the attached Exhibit "A"
(hereinafter referred to as "Southbridge Crossings Station"); and
C:\Documents and Settings\mleek\Local Settings\Temporary Internet Files\OLK8D\Southbridge
Crossings Station Operations Joint Powers Agreement vers 03162007 (2).doc
JOINT POWERS AGREEMENT - TRANSIT REGIONAL PARK & RIDE F ACILlTY LAND ACQUISITION
WHEREAS, the Parties desire to set out the terms, conditions and cost sharing
associated with the ongoing operation and maintenance of "Southbridge Crossings
Station;' and
WHEREAS, the Parties hereto have concluded that the actions set forth above
can best be accomplished through a joint powers agreement.
NOW THEREFORE, in consideration of the parties shared interests, the Parties
hereby agree as follows:
1. PURPOSE
The purposes of this joint powers agreement are.
(A) To establish the identity of the entity that will own the park and ride site;
(B) To set out the process by which costs for operation and maintenance will be
determined, assessed and paid.
2. TERM OF AGREEMENT
This Agreement shall be effective from the date of its final execution by all
parties, and shall remain in effect so long as the site is used by the Parties for the
purposes of providing transit services. The agreement may be terminated earlier
by the Parties as provided herein.
3. SITE OWNERSHIP
A. Scott County will own the South bridge Crossings Station site in fee for a
period not to exceed
B. Subsequently, the ownership of the Southbridge Crossings Station site will
be transferred to for operation as a park and ride facility.
C. In the event that should decide to cease operating
Southbridge Crossings Station for transit purposes, ownership of the site
shall revert to the Metropolitan Council for operation for transit purposes.
(Need to determine what terms would apply to this reversionary clause.
4. Duties of the Parties
a) Preparation of Annual Operations BudQet
i) While the Southbridge Crossings Station site remains under the ownership of
Scott County, the Scott County Transit Planning Team shall prepare a draft
annual budget for review by the Scott County Transit Review Board, the Scott
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JOINT POWERS AGREEMENT - TRANSIT REGIONAL PARK & RIDE FACILITY LAND ACQUISITION
County Board of Commissioners, and the City Councils of Prior Lake and
Shakopee.
ii) Once ownership of the site has been turned over to ,
shall be responsible for the preparation of an annual budget.
iii) ContractinQ for Services
4. PAYMENT FOR OPERATION AND MAINTENANCE COSTS FOR THE 18/169
SITE
A. Anticipated Costs for Operations and Maintenance:
Costs are expect to include, but are not necessarily limited to, the following;
1. Insurance (general liability and property);
2. Utilities (gas, electric, water, sewer, phone/communications, waste and
hazardous waste removal);
3. Maintenance services (facility maintenance and repair, snowplowing,
lawn/landscaping, janitorial).
4. Security services.
a. Payments:
b. Terms of Payment. The County, Shakopee and Prior Lake shall share in
the cost for the site operation and maintenance, as follows:
a. The County's share in the costs of the project shall be
limited to ... .
b. Shakopee and Prior Lake shall each contribute Fifty
percent (50%) of the maintenance and operation
costs, subject to approval of each of the respective
governing bodies. Payment may be in the form of
cash payment annually, provision of in-kind services,
or a combination of both. The actual distribution
between in-kind services and cash payment shall be
determined at the time of preparation of each annual
budget.
5. COUNTY AND STATE AUDIT
Pursuant to Minn. Stat. Section 16C.05, Subd. 5 (1998), the books, records,
documents, and accounting procedures and practices of the Parties relative to
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JOINT POWERS AGREEMENT - TRANSIT REGIONAL PARK & RIDE FACILITY LAND ACQUISITION
this Agreement shall be subject to examination by the County and the State
Auditor. Complete and accurate records of the work performed pursuant to this
agreement shall be kept by the Parties for a minimum of six (6) years following
termination of this agreement for such auditing purposes. The retention period
shall be automatically extended during the course of any administrative or judicial
action involving the County of Scott regarding matters to which the records are
relevant. The retention period shall be automatically extended until the
administrative or judicial action is finally completed or until the authorized agent
of the County notifies the Parties in writing that the records need no longer be
kept.
6. INDEMNITY
Each Party shall indemnify, defend, and save the other Parties harmless from
any and all claims, damages, lawsuits, losses, liabilities, costs, and expenses,
arising out of any negligent act or omission on the part of any Party or its
contractors, agents, servants, or employees in the performance of any of the
work or services to be performed under the terms of this Agreement. Each
Party's obligation to indemnify the other under this clause shall be limited in
accordance with the statutory tort limitations provided in Minn. Stat. 9466.04 to
limit each Party's total liability for all claims arising from a single occurrence,
including the other Party's claim for indemnification, to the limits provided in
section 466.04.
The County shall be responsible for the professional quality, technical accuracy,
and the coordination of all services furnished by the County under this
Agreement. The County shall, without additional compensation, correct or revise
any errors or deficiencies in the County's final reports and services.
7. LIABILITY
The liability limits set out in Minnesota Statute Chapter 466 shall apply to this
Agreement. This Agreement shall not act to aggregate the liability limits of the
individual parties.
8. SUBCONTRACTS
The County shall not subcontract any portion of the work to be performed under
this Agreement nor assign this Agreement.
9. FORCE MAJEURE
The Parties agree that the County shall not be liable for any delay or inability to
perform this Agreement, directly or indirectly caused by or resulting from strikes,
labor troubles, accidents, fire, flood, breakdowns, war, riot, civil commotion, lack
of material, delays of transportation, acts of God or other cause beyond
reasonable control of the County and the rest of the Parties.
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JOINT POWERS AGREEMENT - TRANSIT REGIONAL PARK & RIDE FACILITY LAND ACQUISITION
10. DATA PRACTICES
All Parties, their agents, employees and any of their subcontractors, in providing
all services hereunder, agree to abide by the provisions of the Minnesota
Government Data Practices Act, Minn. Stat. Ch. 13, as amended, and Minn.
Rules promulgated pursuant to Ch. 13.
11. TERMINATION
This Agreement may not be terminated unless disposition of any property
acquired has occurred in connection with the terms of this agreement.
12. FUND DISBURSEMENT
Upon Termination of this Agreement, any unused funds shall be returned to the
contributing Parties in the same proportion that initial contributions were made.
Disbursement of funds resulting from the sale or disposition of the property
contemplated herein shall comply with the terms and conditions set forth in
section 4D herein.
13. NOTICES
Any notices to be given under this Agreement shall be given by enclosing the
same in a sealed envelope, postage prepaid, and depositing the same in the
United States Postal Service, addressed to the each of the Parties at the
following addresses:
Scott County Administrator's Office
200 4th Ave. West
Shakopee, MN 55379
Michael Leek
CITY OF SHAKOPEE
129 Holmes Street
Shakopee, MN 55379
Kelly Meyer
CITY OF PRIOR LAKE
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
14. CONTROLLING LAW
The laws of the State of Minnesota shall govern all questions and interpretations
concerning the validity and construction of this Agreement and the legal relations
between the parties herein and performance under it. The appropriate venue
and jurisdiction for any litigation hereunder will be those courts located with the
County of Scott, State of Minnesota. Litigation, however, in the federal courts
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JOINT POWERS AGREEMENT - TRANSIT REGIONAL PARK & RIDE F ACILlTY LAND ACQUISITION
involving the parties herein will be in the appropriate federal court within the State
of Minnesota. If any provision of this Agreement is held invalid, illegal or
unenforceable, the remaining provisions will Mot be affected.
15. SUCCESSORS AND ASSIGNS
The Parties, respectively, bind themselves, their partners, successors, assigns,
and legal representatives to the other party to this Agreement and to the
partners, successors, assigns, and legal representatives of such other party with
respect to all covenants of this Agreement. No Party shall assign, sublet, or
transfer any interest in this agreement.
16. EQUAL EMPLOYMENT AND AMERICANS WITH DISABILITIES
In connection with the work under this Agreement, the Parties agree to comply
with the applicable provisions of state and federal equal employment opportunity
and nondiscrimination statutes and regulations.
17. CHANGES
The Parties agree that no change or modification to this Agreement, or any
attachments hereto, shall have any force or effect unless the change is reduced
to writing, dated, and made part of this Agreement by the Parties. The execution
of the change shall be authorized and signed in the same manner as this
Agreement.
18. SEVERABILITY
In the event any provision of this Agreement shall be held invalid and
unenforceable, the remaining provisions shall be valid and binding upon the
parties unless such invalidity or non-enforceability would cause the Agreement to
fail its purpose. One or more waivers by any Party of any provision, term,
condition or covenant shall not be construed by any other Party as a waiver of a
subsequent breach of the same by the other Party.
18. ENTIRE AGREEMENT
It is understood and agreed that the entire agreement of the Parties is contained
herein and that this agreement supersedes all oral agreements and negotiations
between the Parties relating to the subject matter hereof as well as any previous
agreements presently in effect between them relating to the subject matter
hereof.
19. EFFECTIVE DATE
This Agreement shall be in full force and effect when all Parties have signed this
Agreement. This Agreement may be signed in counterparts, each as effective as
the original. The signed Agreement, along with a certified copy of the resolution
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JOINT POWERS AGREEMENT - TRANSIT REGIONAL PARK & RIDE FACILITY LAND ACQUISITION
authorizing the Agreement, shall be filed with the County, who shall notify the
Parties in writing of the effective date.
IN WITNESS WHEREOF, the Parties hereto have set their hands on the dates written
below.
APPROVE AS TO FORM: COUNTY OF SCOTT
By:
County Attorney/Date Title:
Date:
Attest:
Title:
Date:
CITY OF SHAKOPEE
By:
City Attorney/Date Its Mayor
Date:
By:
City Administrator
Date:
By:
Title:
Date:
By:
City Attorney/Date Title:
Date:
Attest:
Title:
Date:
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Ownership
. Initially - Scott County
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-' Eventually (perhaps within one year after
. opening) - A transit authority. This might be;
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I A new, separate transit authority;
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An expansion of an already existing transit authority)
I In the event it is no longer used locally for transit
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t - The Metropolitan Council for transit purposes
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I 5/2/2007 SOUTHBRIDGE CROSSINGS 2
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Anticipated Costs
Insurance
.J Utilities
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I and repair, landscape maintenance, parking lot
and bus way maintenance and plowing)
Security
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5/2/2007 SOUTHBRIDGE CROSSINGS 3
. TRANSIT STATION
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Annual Budget
While in Scott County's ownership, the annual budget is to
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= Prepared by the Scott County Transit Planning Team I
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I . Reviewed by the Scott County Transit Review Board
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t (TRB, representative elected officials);
Approved by the Councils of Shakopee and Prior Lake
and Scott County Board of Commissioners.
If and when transferred to a transit authority, budgeting
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I 5/2/2007 SOUTHBRIDGE CROSSINGS 4
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Cost Sharing
I Scott County's share of costs is expected to be
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capped, but the cap has not been determined yet.
~ Cities of Shakopee and Prior Lake are
I contemplated to share costs beyond the County
cap (either in kind or dollars) on a fifty-fifty basis.
I . Any in-kind services provided (e.g. snowplowing
by the City, snow removal by the County) would
. be assigned a value, which would be deducted
I from the share of costs for which the partner
would be liable.
I 5/2/2007 SOUTHBRIDGE CROSSINGS 5
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NEXT STEPS:
1 Finalize draft joint powers agreement; .
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-I TRB review and recommendation regarding Joint I
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Powers Agreement; 1
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. - Final review and approval by City Council's of
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[ Shakopee, Prior Lake and Scott County Board of
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Com missioners
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I 5/2/2007 SOUTHBRIDGE CROSSINGS 6
I TRANSIT STATION
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