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HomeMy WebLinkAbout13.A.2. Joint Powers Agreement for Operation and Maintenance of Southbridge Crossings Transit Station-Res. No. 6652 J3.A-,Iv, CITY OF SHAKOPEE Memorandum CASE NO.: NA TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: RESOLUTION AUTHORIZING ENTERING INTO A JOINT POWERS AGREEMENT WITH THE CITY OF PRIOR LAKE AND SCOTT COUNTY TO SET OUT THE TERMS, CONDITIONS AND COST SHARING ASSOCIATED WITH THE ONGOING OPERATION AND MAINTENANCE OF THE SOUTHBRIDGE CROSSINGS TRANSIT STATION MEETING DATE: September 4, 2007 INTRODUCTION: Council is asked to offer and adopt Resolution No. 6652; A Resolution Authorizing Entering Into a Joint Powers Agreement (JP A) with the City Prior Lake and Scott County to Set Out the Terms, Conditions and Cost Sharing Associated With the Ongoing Operation and Maintenance of the Southbridge Crossings Transit Station. In May the Council discussed an earlier draft ofthe JP A. On Tuesday, August 28, 2007 the Scott County Board of Commissioners adopted the JP A, and the Prior Lake City Council is expected to take action on the JP A at its September meeting. DISCUSSION: The purpose of this agenda item is to adopt a resolution authorizing entering into a JP A with the City of Prior Lake And Scott County. The JPA sets out the terms, conditions and cost sharing associated with the ongoing operation and maintenance of the Southbridge Crossings Transit Station. The underlying purposes of this JP A are: . To establish the identity/identities of the entity that will own the park and ride site . To set out the process by which costs for operation and maintenance will be determined, assessed and paid annually Scott County and the Cities of Shakopee and Prior Lake have a shared interest in planning for and providing efficient and attractive transit services and facilities that meet the needs of residents of Scott County. Through their prior joint undertakings, the county and cities completed a Unified Transit Management Plan (UTMP) that recommends various capital and service improvements to address the transit needs of the H:\CC\2007\09-04\Park & Ride JP A.doc 1 residents of Scott County. Through the direction provided by the Scott County Transit Review Board (TRB)), the parties have proceeded with implementation ofthe UTMP recommendation to develop a regional park and ride facility known, i.e. "Southbridge Crossings Transit Station" (Southbridge Station). This facility will initially accommodate about 500 cars, and could eventually be expanded to accommodate up to 1,500 total parking spaces. For informational purposes, the capital investments for the Southbridge Station are shown below. It was, and could only have been, built due to a true partnership between MnDOT, the Metropolitan Council, Scott County, Prior Lake and Shakopee. Actual Funding Breakdown: Southbridge Crossings Transit Station Design Costs Metro Council $ 150,000 Prior Lake $ 15,000 Shakopee $ 15,000 Total Design Costs $ 180,000 Right Of Way Costs Metro Council $ 800,000 MN/DOT Bonds $1,500,000 Scott County Regional Rail $ 117,000 Total Right of Way Cost $2,417,000 Construction Costs Phase #1 clearing, buildings and mass grading (Advanced from bond) Federal CMAQ $ 108,337 Prior Lake $ 10,833 Shakopee $ 16,250 Total $ 135,421 Phase #2 storm sewer utilities, base paving, canopy, lights, signs, surveillance, boarding area (Advanced from bond) Federal CMAQ $1,156,703 Prior Lake $ 163,971 Shakopee $ 245,956 Total (estimate to date) $1,566,630 Grand Total Project Cost: $4,298,052 Upon completion of the station, the "BlueXpress" commuter service began operation on July 16, 2007. While the cities technically operate their own services, the services are marketed under one banner (BlueXpress) and are coordinated so that riders may board either a Prior Lake or Shakopee Coach to get to and from downtown Minneapolis. Transit operating funds are currently distributed to opt out communities located within the transit taxing district. Currently Shakopee estimates its bus contract (for commuter service alone) at $443,000 for 2008 and Prior Lake at $459,266 (including local summer service with Scott County) for 2008. This provides 8 am express trips to downtown H:\CC\2007\09-04\Park & Ride JP A. doc 2 Minneapolis and 8 pm express trips back to Shakopee. One run each way is also operated as a reverse commute run. Under contract with Shakopee Transit, Scott County provides local circulator service and shuttle service to the station. Besides the bus operations there is the ongoing maintenance of the Southbridge Station. The Transit Planning Team and Transit Review Board have prepared an estimated 2007- 2012 operating plan which includes such items as lawn maintenance, snow plowing, snow removal, electricity (lighting) and security. The proposed operation agreement commits Scott County to providing in-kind services, such as hauling snow off site, payment of insurance costs since Scott County owns fee title to the site, hosting the phone service, and providing accounting for overall operation costs/audit purposes. The remaining costs are expected to be contracted, including snow plowing, mowing, lighting and security, and be funded by the Prior Lake and Shakopee through from their transit operating dollars. The annual cost of operating the station including the County's "in kind" services is estimated at about $40,000 for 2008 (see attached spreadsheet). The agreement calls for the preparation of an annual budget and ability to adjust as we learn more about the costs of operating of the station. VISIONING RELATIONSHIP: The proposed JPA supports adopted Goal B: High quality of life, and by virtue of the shared costs relationship, adopted Goal E: Financially strong. ALTERNATIVES: 1. Offer and adopt Resolution No. 6652; A Resolution Authorizing Entering Into a Joint Powers Agreement with the City of Prior Lake and Scott County to Set Out the Terms, Conditions and Cost Sharing Associated With the Ongoing Operation and Maintenance of the Southbridge Crossings Transit Station. 2. Do not adopt Resolution No. 6652. 3. Table the matter for additional information. ACTION REQUESTED: Offer and adopt Resolution No. 6652; A Resolution Authorizing Entering Into a Joint Powers Agreement with the City of Prior Lake and Scott County to Set Out the Terms, Conditions and Cost Sharing Associated With the Ongoing Operation and Maintenance of the Southbridge Crossings Transit Station. -/~~~~ R. Michael Leek Community Development Director H:\CC\2007\09-04\Park & Ride JP A.doc 3 RESOLUTION NO. 6652 A RESOLUTON OF THE CITY OF SHAKOPEE AUTHORIZING ENTERING INTO A JOINT POWERS AGREEMENT WITH THE CITY OF PRIOR LAKE AND SCOTT COUNTY TO SET OUT THE TERMS, CONDITIONS AND COST SHARING ASSOCIATED WITH THE ONGOING OPERATION AND MAINTENANCE OF THE SOUTHBRlDGE CROSSINGS TRANSIT STATION WHEREAS, the City of Shakopee, the City of Prior Lake and Scott County have a shared interest in planning for and providing efficient and attractive transit services and facilities that meet the needs of residents of Scott County; and WHEREAS, through prior undertakings, The Cities of Shakopee and Prior Lake and Scott County have 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, through the direction provided by the Scott County Transit Review Board (TRB), the Parties have proceeded with implementation of the UTMP recommendation to develop a regional park and ride facility known as "Southbridge Crossings Transit Station; and WHEREAS, Scott County is committing to providing snow removal, required insurance for the station, phone coverage, and accounting for the ongoing operations; and WHEREAS, the Cities of Prior Lake and Shakopee will fund the remaining services and contracts; and WHEREAS, the purposes of this joint powers agreement are: . To establish the identity/identities of the entity that will own the park and ride site; and . To set out the process by which costs for operation and maintenance will be determined, assessed and paid annually. NOW THEREFORE BE IT RESOLVED that the Shakopee City Council hereby authorizes the appropriate City officials to enter into a Joint Powers Agreement with the City of Prior Lake and Scott County to set out the terms, conditions and cost sharing associated with the ongoing operation and maintenance of the Southbridge Crossings Transit Station. Adopted in regular session of the City Council of the City of Shako pee, Minnesota, held the _ day of ,2007. Mayor of the City of Shako pee Attest: Judith S. Cox, City Clerk H:\CC\2007\09-04\Park & Ride JP A. doc 4 JOINT POWERS AGREEMENT FOR THE OPERATION AND MAINTENANCE OF "SOUTH BRIDGE CROSSINGS STATION" PARK AND RIDE FACILITY LOCATED BETWEEN CROSSING BOULEVARD AND STAGECOACH ROAD, AND 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 and facilities 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 (Marketing), 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 known as "South bridge Crossings Station" (South bridge 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 South bridge Station 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. and C:\Documents and Settings\rnleek\Local Settings\Temporary Internet Files\OLK8D\Final Aug 22 2007 mtg draft operations vers 08202007 (3).doc JOINT POWERS AGREEMENT - SOUTH BRIDGE CROSSINGS STATION PARK AND RIDE WHEREAS, the Parties desire to set out the terms, conditions and cost sharing associated with the ongoing operation and maintenance of Southbridge 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/identities of the entity that will own the park and ride site; (8) To set out the process by which costs for operation and maintenance will be determined, assessed and paid annually. 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 shall hold fee title to Southbridge Station site until such time as Shakopee, Prior Lake, or another transit service entity serving residents of Scott County shall take over ownership of Southbridge Station. B. In the event that the Parties, or their should successors or assigns should decide to cease operating Southbridge Station for public transit purposes, ownership of the site shall revert to the Metropolitan Council for operation for public transit purposes. C. In the event that the Metropolitan Council should choose not to operate the site for public transit purposes, and offer the site for sale, then upon sale of the property, the Metropolitan Council shall disburse to the Parties from the proceeds of any sale their pro rata share of funds contributed to the purchase and development of South bridge Station. D. In the event that the Metropolitan Council should elect not to take possession of Southbridge Station, the Parties shall have the right to offer the site for sale, and to distribute from the proceeds of any sale each C:\Documents and Settings\rnleek\Local Settings\Temporary Internet Files\OLK8D\Final 2 Aug 22 2007 mtg draft operations vers 08202007 (3).doc JOINT POWERS AGREEMENT - SOUTH BRIDGE CROSSINGS STATION PARK AND RIDE Party's pro rata share of funds contributed for purchase and construction of the site. 4. Duties of the Parties a) Preparation of Annual Operations BudQet i) While Southbridge Station site remains under the ownership of Scott County, annually the TPT shall prepare a draft annual budget for review by the TRB the Scott County Board of Commissioners, and the City Councils of Prior Lake and Shakopee. (1) ContractinQ for Services: In the event that it is necessary to contract for services, the cost of such services shall be included in the annual budget, and the Parties, through the TRB, shall be responsible for the administration of any such contracts. ii) In the event that ownership, operation and maintenance of the site is turned over to another transit service agency or the Metropolitan Council, that agency shall be responsible for preparation of the annual budget. b) Payment for Operation and Maintenance Costs for Southbridge Station i) 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. ii) Payments: (1) Terms of Payment. The County, Shakopee and Prior Lake shall share equally in the cost for the site operation and maintenance, subject to approval of each of the respective governing bodies. Payment by Scott County shall be in the form of the provision of in-kind services such as payment of required insurance coverage, snow removal, and/or other in- kind services that may from time to time be identified. Payments by the cities of Prior Lake and Shakopee may be in the form of cash payment annually, provision of in-kind services, or a combination of both. The expected level of in-kind services shall be estimated at the time of preparation of each annual budget. The actual amounts C:\Documents and Settings\rnleek\Local Settings\Temporary Internet Files\OLK8D\Final 3 Aug 22 2007 mtg draft operations vers 08202007 (3).doc JOINT POWERS AGREEMENT - SOUTHBRIDGE CROSSINGS STATION PARK AND RIDE contributed by the parties during the course of the operational year shall be determined at the end of that year. In the event that one or more of the parties may have contributed more than the equivalent of one-third of the actual expenses for that year, any payment in excess shall be carried over as a credit against the following years expenses. 4. COUNTY AND 5T ATE 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 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. 5. 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. 9 466.04 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. 6. 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. C:\Documents and Settings\rnleek\Local Settings\Temporary Internet Files\OLK8D\Final 4 Aug 22 2007 mtg draft operations vers 08202007 (3).doc JOINT POWERS AGREEMENT - SOUTHBRIDGE CROSSINGS STATION PARK AND RIDE 7. SUBCONTRACTS The County shall not subcontract any portion of the work to be performed under this Agreement nor assign this Agreement. 8. 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. 9. 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. 10. 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/Community Development Director CITY OF SHAKOPEE 129 Holmes Street Shakopee, MN 55379 C:\Documents and Settings\rnleek\Local Settings\Temporary Internet Files\OLK8D\Final 5 Aug 222007 mtg draft operations vers 08202007 (3).doc JOINT POWERS AGREEMENT - SOUTHBRIDGE CROSSINGS STATION PARK AND RIDE Kelly Meyer/Assistant City Manager 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 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 not 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. C:\Documents and Settings\rnleek\Local Settings\Temporary Internet Files\OLK8D\Final 6 Aug 22 2007 mtg draft operations vers 08202007 (3).doc JOINT POWERS AGREEMENT - SOUTHBRIDGE CROSSINGS STATION PARK AND RIDE 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 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: Bv: City Administrator Date: By: Title: Date: C:\Documents and Settings\rnleek\Local Settings\Temporary Internet Files\OLK8D\Final 7 Aug 22 2007 mtg draft operations vers 08202007 (3).doc JOINT POWERS AGREEMENT - SOUTHBRIDGE CROSSINGS STATION PARK AND RIDE By: City Attorney/Date Title: Date: Attest: Title: Date: C:\Documents and Settings\rnleek\Local Settings\Temporary Internet Files\OLK8D\Final 8 Aug 222007 mtg draft operations vers 08202007 (3).doc South bridge Crossings Statil Facility/Staffing Budget 5% Location: 169/18 2007 2008 2009 Categories 0 0 Salaries/Benefits 0 0 0 MgmtlAdmin Salaries 0 0 0 Benefits 0 0 0 FICA/S.S. 0 0 0 PERA 0 0 0 Auto Allowance 0 0 0 Cafeteria Plan 0 0 0 Benefit Admin 0 0 0 Total 0 0 0 Professional Services 0 0 0 Security 1,500 3,000 3,150 Web Site design and maintenance 600 650 750 Temporary Srvcs 0 0 0 Other Total 2,100 3,650 3,900 Site Maintenance & Repair* Snowplowing 6,000 12,000 12,600 Car Counting Customer Service Striping of the lot 2007 Estimated Park and Ride Budget rev RML 06262007 (2) (2) 169 site 1 of 3 8/31/2007 7:44 AM Southbridge Crossings Statil Facility/Staffing Budget 5% Location: 169/18 2007 2008 2009 Categories 0 Lights Flag Bike Lockers Sprinkler system Snow Removal 1,250 2,500 2,625 Sweeping Landscape Maintenance 0 3,000 3,150 Other 2,100 4,200 4,410 Total 9,350 21,700 22,785 Utilities Gas 0 0 0 Electric 900 1,800 1,890 Water 1,600 3,200 3,360 Comm.lPhone Service 0 0 0 Waste Removal 200 400 420 Hazard. Waste Remove 10 25 26 Total 2,710 5,425 5,696 Contracted Services Fac. Maint & Repair-Svcs 600 1,200 1,260 Janitorial 2,100 4,200 4,410 Other 0 0 0 Total 2,700 5,400 5,670 Materials Fac. Maint & Repair-Mat'ls 750 1,500 1,575 Printing 0 0 0 Postage 0 0 0 Office Supplies 0 0 Computer Supplies 0 0 0 Signage 600 1,200 1,260 Total 1,350 2,700 2,835 2007 Estimated Park and Ride Budget rev RML 06262007 (2) (2) 169 site 2 of 3 8/31/2007 7:44 AM South bridge Crossings Statil Facility/Staffing Budget 5% Location: 169/18 2007 2008 2009 Categories 0 Insurance Property 425 850 893 General Liability(Deductible) 3,000 6,000 6,300 Auto 0 0 0 Workers Comp 0 0 0 Other 0 0 0 Total 3,425 6,850 7,193 Other Charges Memberships/Dues/Subs. 0 0 0 TraininglTuition 0 0 0 Board Activities 0 0 0 Miscellaneous 0 0 0 Travel including mileage 0 0 0 Taxes and Fees 0 0 0 Veh Reg & Permit Fees 0 0 0 Total 0 0 0 Capital Items (operating) Grand Total 16,835 36,675 38,509 2007 Estimated Park and Ride Budget rev RML 06262007 (2) (2) 169 site 3of3 8/31/2007 7:44 AM