ITEM 5.2 WCAT JPAAA
Ot�-Te o
MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Administration
Lori Johnson, City Administrator
July 11, 2016
PRESENTER(s):
REVIEWED BY:
ITEM #:
Lori Johnson, City Administrator
5.2
AGENDA ITEM DETAILS
RECOMMENDATION:
Recommend adoption of the attached Wright County Area Transportation (WCAT) Joint Powers
Agreement (JPA) and appointment of a representative and an alternate to the WCAT board.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
Yes, Joint Powers Agreement
IS A PUBLIC HEARING REQUIRED?
No
BACKGROUND/JUSTIFICATION:
On June 27, 2016, the City Council met with representatives of WCAT to discuss the possibility of joining
WCAT to provide public transit service to Otsego residents. The Council agreed that WCAT's partnership
with Trailblazer has been successful and that MnDot's funding will likely continue allowing WCAT cities
to offer public transportation to their residents at little or no cost to the member cities. Currently, the
fee revenue from rides covers the local share of the cost. If a local share is required in the future, such
cost will be prorated to each city based on the number of rides.
When the Cityjoins WCAT, it is granted one WCAT board representative, either an elected or an
appointed official. An alternate may be appointed to serve in the representative's absence. Currently,
the board is split almost evenly between elected officials and city administrators. The board meets in
Buffalo at 2:00 p.m. on the Tuesday before the third Thursday of January, March, May, July, September,
and November. The appointment is an annual appointment per the JPA.
Marketing of Trailblazer service will occur through the City's newsletter, the website and social media,
newspaper articles, and through marketing materials at events and locations such as the senior center.
SUPPORTING DOCUMENTS: X ❑ ATTACHED ❑ NONE
• WCAT Joint Powers Agreement
• June 27, 2016, City Council Meeting Minutes
POSSIBLE MOTION
Please word motion as you would like it to appear in the minutes.
Motion to approve joining the Wright County Area Transportation Joint Powers Agreement, payment of
a $1,250 initial membership fee to WCAT, appointment of to serve as the board
representative, and to serve as the alternate representative.
BUDGET INFORMATION
FUNDING
CouncilCity •• ■ NO
WRIGHT COUNTY AREA TRANSPORTATION
JOINT POWERS AGREEMENT
The parties to this Agreement are municipal corporations under the laws of the State of Minnesota and
located in Wright County, Minnesota (the parties to this Agreement are hereafter referred to
individually as a "City" and collectively as the "Cities").
RECITALS
WHEREAS, Minnesota Statute §471.59 authorizes the joint and cooperative exercise of powers common
to the Cities.
WHEREAS, the Cities desire to provide for an agreement between and among them to establish a joint
powers board for Transportation for the purpose of providing a coordinated service delivery and funding
source for public transportation; and
WHEREAS, each City has adopted a Resolution finding that it is in the best interests of the citizens of
each City to enter into this Agreement.
NOW THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD AS FOLLOWS:
1. General Purpose. Pursuant to the authority of the Joint Powers Act, the Cities desire and intend
to provide affordable Public Transportation to their communities. The goal of the Cities is to provide
people in their communities with mobility and access to employment, community resources, medical
care and recreational opportunities, while reducing the impact of road congestion, travel times, air
pollution, the cost of road maintenance and repair, and energy and oil consumption for their
communities.
2. Joinder of Wright County Political Subdivisions. The undersigned Cities hereby agree to join
together for the purpose of coordinating the delivery of public transportation services and establishing a
joint funding source for said services through establishment of a Wright County Area Transportation
Joint Powers Board ("WCAT Board"). This Agreement shall become effective upon adoption of a
resolution by the governing body of no less than three Cities, and shall be binding on all the Cities who
have joined through adoption of a resolution by their respective governing bodies through August 1,
2014, unless otherwise extended or amended by the Parties. Any Party seeking to join the WCAT
Authority after August 1, 2014, shall do so only on an affirmative vote of a majority of the WCAT Board
members. The WCAT Board shall determine voting authority and contribution requirements for any
Parties joining after August 1, 2014.
3. WCAT Board Composition. Each City shall appoint annually a representative to the WCAT Board.
Each City may appoint an alternate representative who may act in the place and stead of an absent
representative from that Party. Members to the board may be appointed or removed at the pleasure of
the Party, with each member serving until their successor is appointed and qualified as provided by each
Party. Each member shall serve without compensation, health or medical benefits provided by the
WCAT Board.
4. Funding. The WCAT Board is authorized to procure such State and Federal funding as is
available toward financing the costs of providing public transportation services for the Cities. Each City
agrees to pay a proportionate share (the "Pro Rata Share") of the WCAT Board's remaining unfunded
operating expenses and capital expenditures based upon the number of rides originating in the City
during the prior year as compared to the total number of rides originating in all of the Cities during the
prior year (the "Ride Share"). Each City shall also pay an annual fee to provide for the proper
operations of the WCAT Board. Each City shall pay an initial $1,000 fee to cover the WCAT Board's
projected expenses during the first year of operation. For 2015 only, operating and capital expenses
shall be based upon the projected total number of rides during 2015 as determined by the WCAT Board
prior to January 1, 2015 and such expenses shall be allocated proportionately among the Cities with
each City paying its Pro Rata Share. Within 90 days after December 31, 2015, the WCAT Board shall
perform a reconciliation of operating and capital expenses based upon each City's actual 2015 Ride
Share, and funds shall be payable from or reimbursed to each City based upon the difference between
each City's initial payments and reconciled 2015 Ride Share amounts. The WCAT Board may from time
to time adjust the operating and capital expenses as it deems appropriate.
5. Meetings. The WCAT Board shall meet at least annually on a schedule determined by the WCAT
Board. All meetings of the WCAT Board shall be conducted in a manner consistent with the Minnesota
Open Meeting Law, Minn. Stat. §13D.01, et. seq., as amended. Special meetings may be called by the
WCAT Board Chair or upon written request of three (3) or more members of the WCAT Board. Written
notice of any special meetings shall be sent to all WCAT Board members and to the City Clerk of each
City to comply with posting requirements.
6. Powers and Duties. The powers and duties of the WCAT Board include, but are not limited to,
expending funds for the purpose of establishing, funding, coordinating, administering and operating a
public transportation service including:
a. Apply for, receive and expend State and Federal funds available for said purpose, as well
as funds from other lawful sources, including fares, donations or gifts for the purpose of providing public
transportation services and such supplemental services deemed advisable by the WCAT Board.
b. Approve an annual budget.
C. Adopt and implement a management plan to carry out the WCAT Board's purpose.
d. I Enter into contracts with public or private entities as the;WCAT Board deems necessary
to accomplish the purpose for which the WCAT Board is organized, including, but not limited to, the
hiring of any consultants.
e. Obtain such insurance as the Board deems necessary for the protection of the WCAT
Board, members of the WCAT Board, member cities, and its property.
f. Exercise all other lawful powers necessary and incidental to the implementation of
public transportation services and the purposes and powers set forth herein.
h. The WCAT Board has no authority to obtain or operate an independent transit service
without the express approval of a majority of the Parties.
L The WCAT Board has no authority to levy taxes or issue debt for operating capital or
debt service purposes unless approved in writing by the governing body of all Parties.
The WCAT Board has no authority to issue debt that exceeds the term of this
Agreement.
7. Voting. Prior to January 1, 2015, each Party shall have one vote on the WCAT Board. Beginning
January 1, 2015, each Party shall be entitled to one vote plus one additional vote per each 3,000 rides
originating in that City during the previous year. Prior to the first meeting in March the Secretary of the
WCAT Board shall determine the number of votes for each Party in accordance with this section and
certify the results to the Chair. A quorum shall consist of a simple majority (51%) of representatives
from the Cities. A simple majority vote of the WCAT Board members present at the meeting with a
valid quorum shall be required by the WCAT Board to take action unless otherwise provided in this
Agreement or by law.
8. Officers. There shall be a chair, a vice chair, and a secretary elected from the members of the
WCAT Board at the initial meeting of each year. The officers shall be elected from different member
Cities. The WCAT Board may elect or appoint such other officers as it deems necessary to conduct its
meetings and affairs.
9. Effective Date/Termination. This Agreement shall become effective as stated in Paragraph 2 of
this agreement. This agreement shall continue in effect through December 31, 2019. This Agreement
shall remain in effect for each respective party until that party hereto gives notice to the WCAT Board of
its intention to withdraw. Notice of withdrawal must be given by April 1 of a given year. If notice of
withdrawal is given after April 1 of a given year the withdrawal shall be effective on December 31 of the
following year. A withdrawing party shall be responsible for its respective share of any debts or liabilities
outstanding as of the effective date of withdrawal. Termination will be effective at the conclusion of the
fiscal year. This Agreement shall remain in effect as to the remaining members provided that there are
three or more members who desire to continue operating the WCAT Board. The withdrawing member
shall not be entitled to compensation or distribution of any assets of the WCAT Board. In the event of
dissolution of the WCAT Board, any property owned or held by the WCAT Board shall be sold for fair
market value. All remaining funds after satisfaction of all WCAT Board debt, payments and other
financial obligations shall be returned to the Parties in the same manner in which the Parties
contributed funding to the WCAT Board in the last full calendar year prior to dissolution.
10. No Waiver. Nothing herein shall be construed to waive or limit any immunity from, or limitation
on, liability available to any City, whether set forth in Minnesota Statutes, Chapter 466 or otherwise.
11. Severability. If any section, subdivision or provision of this Agreement shall be held invalid or
unenforceable for any reason, the invalidity or unenforceability of such section, subdivision or provision
shall not invalidate or render unenforceable any of the remaining provisions.
12. Amendment. Any amendments to this Agreement must be in writing, signed by all of the Cities,
following approval of their respective City Councils.
13. Governing Law. This Agreement shall be interpreted in accordance with the laws of the State of
Minnesota.
14. Liability and Insurance. Each City shall be liable for its torts and the torts of its employees,
agents and consultants in undertaking its respective individual responsibilities as described in this Joint
Powers Agreement. Notwithstanding any language to the contrary, the Cities agree that liability arising
out of the activities of the WCAT Board and the Cities shall be subject to the requirements of
Minnesota Statutes §471.59, subdivision 1(b), as it may be amended. The Cities intend that the WCAT
Board be insured for its tort liability and general liability as a Joint Powers Board. Nothing herein shall be
construed to waive or limit any immunity from, or limitation on, liability available to any City, whether
set forth in Minnesota Statutes, Chapter 466 or otherwise.
15. Default. The failure by any Party to observe or timely perform any covenant, condition,
obligation or agreement herein shall constitute Default of the Agreement. Whenever a Default occurs,
the WCAT Board shall provide thirty (30) days written notice to the defaulting Party of the default which
notice includes the nature of the Default and the manner in which the Default may be cured. If the
Default is not timely cured, the WCAT Board may take any action available, including legal, equitable or
administrative action, to enforce this Agreement.
16. Disputes. The Cities agree that they will submit any disputes under this Agreement to mediation
prior to resorting to an action in Court.
By signing this Agreement, the parties hereto certify that the same has been approved by their
respective City Councils.
9l
Jessica Stockamp, Mayor
ATTEST:
Lori Johnson, City Administrator
SPECIAL CITY COUNCIL MEETING
CITY HALL
JUNE 27, 2016
6:00 PM
Call to Order.
Mayor Jessica Stockamp called the meeting to order at 6:03 PM.
Roll Call: Mayor Jessica Stockamp; Councilmembers: Vern Heidner, Doug Schroeder and Jason
Warehime. Absent: Councilmember Tom Darkenwald. Staff: Lori Johnson, City Administrator
and Tami Loff, City Clerk. Also present, Jack Russek, WCAT Board Chair and Delano Council
Member and Phil Kern, Delano City Administrator.
1. Wright County Area Transit (WCAT) Joint Powers Agreement.
Mr. Russek and Mr. Kern provided the City Council with information on WCAT. They encourage
the City to consider joining WCAT. There are currently 12 buses serving WCAT cities with the
goal of 14. They further stated it takes about 6-12 months to get to full service once a city
joins. The service is for all ages. They explained the three options available to WCAT members;
1. Trailblazer, state funded, hours 6 am to 6 pm 5 days a week, stays within 1 mile of outside
of the member city. 2. Smart Ride, independent from the state funded service, 7 days a week,
anywhere, user pays. 3. Volunteer Driver Program, free ride, anywhere if a volunteer is
available. They further explained there is a deadline of April 1 (9 months) for notification to
withdraw from WCAT for the next year. The cost to the city to join would be $1,250. The City
would then appoint someone to the board; the WCAT board meets the 3rd Tuesday of each
month.
The City Council concurred to add the Joint Powers Agreement to the July 11 City Council
agenda for consideration.
2. Adjourn.
CM Warehime motioned to adjourn. Seconded by CM Schroeder. All in favor. Motion
carried. Adjourned at 6:45 PM.
ATTEST:
Tami Loff, City Clerk
Mayor Jessica Stockamp