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HomeMy WebLinkAbout15.B.2. Joint Powers Agreement for Transit Study-Res. No. 6047 IS: B. :l.,~ CITY OF SHAKOPEE Memorandum I ~13~~~OO TO: Mayor and City Council : I;\( WE,. ~ ~\J ~ ';, -. ~ Ill.. "~",, ,.,t Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Joint Powers Agreement for Transit Study MEETING DATE: April 20, 2004 INTRODUCTION: Council is asked to authorize the appropriate City officials to enter into the attached joint powers agreement, and authorizing the City to contribute up to $28,000 for the conduct of the transit study. AL TERNATIVES: 1. Approve the Resolution No. 6047, authorizing the appropriate City officials to enter into the attached joint powers agreement, and authorizing the City to contribute up to $28,000 for the conduct of the transit study. 2. Do not approve Resolution No. 6047. 3. Table the request for additional information. ACTION REQUESTED: Offer and approve Resolution No. 6047, authorizing the appropriate City officials to enter into the attached joint powers agreement, and authorizing the City to contribute up to $28,000 for the conduct of the transit study. ~drk~A: R. Michael Leek Community Development Director RESOLUTION NO. 6047 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA ACCEPTING THE SCOTT COUNTY TRANSIT REVIEW BOARD JOINT POWERS STUDY ADMINISTRATION AGREEMENT WHEREAS, the City of Shakopee promotes and encourages collaborative action among its operations with local units of government; and WHEREAS, public transit benefits from intergovernmental collaborations designed to enhance future services and operations; and WHEREAS, the Scott communities Transit Review Board and Planning Team was formed to facilitate transit, land use, and roadway planning among its local units of government; and WHEREAS, the City of Shakopee is a member of the Scott communities Transit Review Board and Planning Team; and WHEREAS, the City of Shakopee agrees with the Scott communities Transit Review Board and Planning Team that there is need to further study and make recommendation in the form of a plan, potential improvements in the delivery of transit service and infrastructure: NOW, THEREFORE, BE IT RESOLVED, that City of Shakopee accepts the Scott County Transit Review Board Joint Powers Study Administration Agreement and shall contribute up to $28,000.00to the project, hereto to be attached and made part of this Resolution. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the _ day of , 2000. Mayor of the City of Shakopee ATTEST: City Clerk , SCOTT COUNTY TRANSIT REVIEW BOARD JOINT POWERS STUDY ADMINISTRATION AGREEMENT THIS JOINT POWERS AGREEMENT is made and entered into by and between Scott County, a municipal corporation, Government Center 300, 200 Fourth Avenue West, Shakopee, Minnesota 55379-1220, hereinafter referred to as the "County," Scott County Housing and Redevelopment Authority, hereinafter referred to as the "Scott HRA", the Metropolitan Council, the Shakopee Mdewakanton Sioux Community, hereinafter referred to as the "SMSC" and the Cities of Savage, Shakopee, and Prior Lake, hereinafter collectively referred to as the "Parties." RECITALS WHEREAS, the Parties are authorized to enter into contracts as a joint powers organization pursuant to Minnesota Statutes, Section 471.59, and WHEREAS, the Parties have a shared interest in reviewing and planning transit options for providing efficient services to the residents of Scott County, and WHEREAS, the communities of Scott County, including the County and the Cities of Shakopee, Prior Lake, Savage, Belle Plaine, Elko, Jordan, New Market and New Prague, and the Scott HRA have created a Transit Review Board, hereinafter referred to as the "TRB" and a Transit Planning Team, hereinafter referred to as the "TPT" under a cooperative agreement dated December 11, 2003, and WHEREAS, the Parties have, through prior undertakings, identified a need for further study and agreed upon the scope of such a study, setting forth those requirements in the Unified Transit Management Plan in Scott County, and WHEREAS, the Parties desire to participate in and share the cost of retaining a consultant to study and make recommendations regarding potential improvements in the delivery of transit services and transit infrastructure within the County and Cities. NOW THEREFORE, in consideration of the mutual undertakings and agreement contained within this agreement, the Parties hereby agrees as follows: 1. PURPOSE Recognizing that it is beneficial to all of the communities of Scott County, the TRB seeks to undertake a study, which will provide local decision-makers and planners with a comprehensive set of transit service design and operational alternatives for current and long-term planning. The process to effectuate this study shall include a Request for Proposals (RFP) from potential contractors, gathering of resources to finance the study, and oversight of the actual study. The Parties hereby agree to undertake the administration of such a study. The Parties have agreed that the County shall act as the fiscal agent for the purposes of this Agreement and shall be responsible for the day-to-day management of the RFP and study processes. 2. TERM This Agreement shall be effective from , 2004 and shall remain effective through March 31, 2005, the dates of the signatures of the Parties notwithstanding, unless earlier terminated as provided herein. 3. TERMS OF PAYMENT A. Each party to this Agreement shall contribute to the Fund the amounts as set forth below: (1) County of Scott Thirty (30) percent of the project share not to exceed $42,000; (2) City of Prior Lake Twenty (20) percent of project share not to exceed $28,000; (3) City of Savage. Twenty (20) percent of project share not to exceed $28,000; (4) City of Shakopee Twenty (20) percent of project share not to exceed $28,000; (5) Scott HRA Ten (10) percent of project share not to exceed $14,000; (6) Metropolitan Council $10,000, which shall be subtracted from entire project cost before considering other Parties project cost share; and (7) SMSC $5,000, which shall be subtracted from the entire project cost before considering other Parties cost share. B. Additional sums may be obtained after this Agreement is in place and shall be a set dollar amount subtracted from the entire project cost before considering other party cost shares, adjusted in the same fashion as the contribution by the Metropolitan Council and the SMSC. C. The total fees and reimbursables for the contract shall not exceed one hundred fifty thousand dollars ($150,000) and fees may be paid in installments. 4. DUTIES OF THE PARTIES A. County's Duties: The County shall: (1) Prepare an RFP, which shall be approved by the TRB; (2) Act as the fiscal reporting and payment agent for the Fund on behalf of the Parties; As fiscal reporting and payment agent, the County shall: (a) Establish and maintain a deferred revenue account on behalf of the Parties. The deferred revenue account will use a Combination Account System; (b) Receive and maintain funds assigned by the Parties; (c) Disburse funds at the direction of the TRB; (d) Account for revenues and expenditures, including in-kind contributions, and produce financial statements as determined by the Parties; and (e) Provide financial reports as required by local governments and state and federal agencies; (3) Act, upon the TRB approval of the recommended contractor, as the authorized agent of the TRB in the execution of a contract with the selected contractor; and (4) Provide an employee to act as the Project Manager during the course of the actual study. B. Other Parties Duties. The Parties, excluding the County, shall: (1) Ensure that the approved scope of service is reflected in the RFP; . Through Minnesota Valley Transit Authority (MVT A) (2)Authorize payment of all amounts due, as set forth in Section 3, to the Fund through the signature of the authorized agents; (3) Provide one employee to act as a representative in the contractor selection group; and (4) Pay the agreed upon contribution to the County within thirty (30) days of notification by the County of the effective date of the contract with the selected contractor. 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 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 harml<<;!ss 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. ~ 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. 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 ~he County and the rest of the Parties. 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 be terminated upon occurrence of one of the following events: A. On March 31,2005; or B. By any Party, with or without cause upon thirty (30) days written notice to the remaining Parties and the Authorized Agent of the County; or C. Upon notification by the County that all of the Contractor services required in the contract have been satisfactorily completed. 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. 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 Scott Transit Review Board and to the authorized agent of the County, both addresses are one in the same as stated herein. The Parties are hereby notified that the authorized agent of the County is: John Mulcahy Scott County Administrator's Office 200 4th Ave. West Shakopee, MN 55379 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. 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 herd 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 Parties sign 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 SA V AGE By: City Attorney/Date Title: Date: Attest: Title: Date: CITY OF SHAKOPEE By: City Attorney/Date Title: Date: Attest: Title: Date: CITY OF PRIOR LAKE By: City Attorney/Date Title: Date: Attest: Title: Date: SCOTT COUNTY HOUSING AND REDEVELOPMENT AUTHORITY By: Attorney/Date Title: Date: Attest: Title: Date: METROPOLITAN COUNCIL By: Council Attorney/Date Title: Date: Attest: Title: Date: SHAKOPEE MDEW AKANTON SIOUX COMMUNITY By: Council Attorney/Date Title: Date: Attest: Title: Date: