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HomeMy WebLinkAboutResolution 2011 (02) i RESOLUTION APPROVING AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING ESTABLISHING THE WEST CENTRAL WISCONSIN I -94 CORRIDOR COALITION PROVIDING FOR ADDITIONAL MEMBERSHIP IN THE I -94 CORRIDOR COALITION; AUTHORIZING THE COUNTY BOARD TRANSPORTATION COMMITTEE CHAIR TO SIGN NECESSARY DOCUMENTS ON BEHALF OF ST. CROIX COUNTY Resolution No. bit St. Croix County, Wisconsin WHEREAS, Wis. Stat. § 59.58(2)0)1. authorizes any county to enter into an intergovernmental cooperative agreement under Wis. Stat.§ 66.0301 to establish a joint municipal transit commission cooperation with other municipalities or counties; and WHEREAS, the St. Croix County Board of Supervisors approved Resolution No. 19(2009) on May 19, 2009 authorizing transportation planning collaboration with area counties and municipalities in West Central Wisconsin with assistance provided by the West Central Wisconsin Regional Planning Commission and further approving the Memorandum of Understanding Establishing the West Central Wisconsin I -94 Corridor Coalition; and WHEREAS, the West Central Wisconsin I -94 Corridor Coalition is working collaboratively with Minnesota Gateway Corridor Commission, the Wisconsin Department of Transportation (WisDOT) and the Minnesota Department of Transportation (Mn/DOT) and the Twin Cities area Metropolitan Council for the planning and development of rail transit, bus rapid transit, multi -use trails, and/or Intelligent Transportation Systems (ITS) along the I -94 Corridor; and WHEREAS, the current West Central Wisconsin I -94 Corridor Coalition members are Barron, Chippewa, Dunn, Eau Claire and St. Croix Counties; and WHEREAS, additional local units of government within the region are interested in joining the collaborative planning efforts of the West Central Wisconsin I -94 Corridor Coalition necessitating amendments to current language in Article 1, Article 4, Article 6 and Article 11 of the Memorandum of Understanding establishing the West Central Wisconsin I -94 Corridor Coalition as shown in the attached document; and WHEREAS, on August 23, 2010, the West Central Wisconsin I -94 Corridor Coalition formally changed its name to "Wisconsin Gateway Corridor Coalition" to parallel the name of its counterpart in Minnesota. NOW, THEREFORE, BE IT RESOLVED by the St. Croix County Board of Supervisors that it hereby approves the amendments to the Memorandum of Understanding Establishing the West Central Wisconsin I -94 Corridor Coalition providing for additional RESOLUTION APPROVING AMENDMENTS TO THE MEMORANDUM OF UNDERSTANDING ESTABLISHING THE WEST CENTRAL WISCONSIN I -94 CORRIDOR COALITION PROVIDING FOR ADDITIONAL MEMBERSHIP IN THE I -94 CORRIDOR COALITION; AUTHORIZING THE COUNTY BOARD TRANSPORTATION COMMITTEE CHAIR TO SIGN NECESSARY DOCUMENTS ON BEHALF OF ST. CROIX COUNTY, continued membership in the I -94 Corridor Coalition as contained in the attached document, as well as the name change to "Wisconsin Gateway Corridor Coalition ". BE IT FURTHER RESOLVED that the County Board Transportation Committee Chair is authorized to sign all necessary documents to effectuate the amendments to the Memorandum of Understanding on behalf of the St. Croix County Board of Supervisors. BE IT FURTHER RESOLVED that no taxing authority is granted hereby. Offered by the Transportation Committee YES NO ABSTAIN ABSENT SUPERVISOR SIGNATURE �A ❑ ❑ ❑ Roger Rebholz L� ❑ ❑ ❑ Alfie Schrank ❑ ❑ ❑ Bill Peavey ❑ ❑ ❑ Brian Hurtgen ® ❑ ❑ ❑ Ryan S. Sicard i _ This Resolution was adopted by the St. Croix County Board Reviewed as to form on of Supervisors on c, P u l -A N l Greg Ti erman, Corporation Counsel Cindy Campbell, ounty Clerk 2 J MEMORANDUM OF UNDERSTANDING ESTABLISHING THE WISCONSIN GATEWAY CORRIDOR COALITION (as amended ;) THIS AGREEMENT, is entered into by and between the undersigned counties, all being governmental units of the State of Wisconsin, pursuant to the authority contained the Wisconsin State Statutes § §66.0301, and by West Central Wisconsin Regional Planning as the administrative agent to the Wisconsin Gateway Corridor Coalition. WITNESSETH WHEREAS, the West Central Wisconsin Interstate 94 Corridor is defined as the transitway corridor originating at the interchange of U.S. Highway 53 and Interstate Highway 94, in the vicinity of Eau Claire, Wisconsin, and traveling west through Eau Claire, Dunn, and St. Croix counties with connections to other multi -modal transportation options; and WHEREAS, the West Central Wisconsin Interstate 94 Corridor has significant transportation safety, and land use issues; and WHEREAS, there are opportunities for a variety of multi -modal transportation improvements to the West Central Wisconsin Interstate 94 Corridor, including light rail transit, bus rapid transit, commuter rail, along with multi -use trails, Intelligent Transportation Systems (ITS) and roadway improvements as related to the implementation of light rail transit, bus rapid transit and/or commuter rail; and WHEREAS, there are over 35,000 students attending three universities and two technical college campuses within the West Central Wisconsin Interstate 94 Corridor and approximately 20,000 west central Wisconsin workers commuting to jobs in the State of Minnesota, and WHEREAS, the Wisconsin Department of Transportation has recommended the study of passenger rail service in the West Central Wisconsin Interstate 94 Corridor in the final Connections 2030 transportation plan, and WHEREAS, the parties wish to collaboratively plan for multi -modal transportation improvements to the West Central Wisconsin Interstate 94 Corridor and for related land use and development impacts; and WHEREAS, the Wisconsin Gateway Corridor Coalition intends to work collaboratively with the Wisconsin Department of Transportation and the West Central Wisconsin Regional Planning Commission, serving as administrative agent to the Coalition, for the planning and development of Iight rail transit, bus rapid transit, commuter rail, along with multi -use trails, Intelligent Transportation Systems (ITS), and roadway improvements as related to the implementation of light rail transit, bus rapid transit and/or commuter rail in the West Central Wisconsin Interstate 94 Corridor, and WHEREAS, the Wisconsin Gateway Corridor Coalition intends to recognize and work cooperatively with the efforts of the West Central Wisconsin Rail Coalition, a subgroup of Momentum West, in its efforts to re- establish passenger rail service in West Central Wisconsin, NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the parties hereto agree to as follows: ARTICLE 1. DEFIMTIONS Unless context otherwise requires, the terms defined in this section shall have the meanings stated herein: Agreement means this MOU as it now exists and as it may hereafter be amended. Coalition (Wisconsin Gateway Corridor Coalition) shall mean the Coalition body established hereby Commission means the West Central Wisconsin Regional Planning Commission Director means the Director of the West Central Wisconsin Regional Planning Commission Party or Parties shall mean any regional transportation authorities, counties, cities, villages, or towns, or those officially authorized to take action on behalf of the aforementioned entities. West Central Wisconsin Interstate 94 (I -94) Corridor shall be defined as the Interstate 94 transportation corridor originating at the interchange of USH 53 and I -94, in the vicinity of Eau Claire, Wisconsin and traveling west through Eau Claire, Dunn, and St. Croix counties. Member shall mean an individual appointed to the Coalition as provided in Article 4 of this Agreement. Q uorum shall mean a majority of members. ARTICLE 2. PURPOSE The purpose of this Agreement is to form a cooperative planning group established under Wis. Stat. § §66.0301, enabling the parties to cooperatively analyze the feasibility, environmental impacts, engineering, and construction of multi -modal transportation improvements in the I -94 Corridor including light rail transit, bus rapid transit or commuter rail along with multi -use trails, Intelligent Transportation Systems (ITS), roadway improvements as related to the implementation of light rail transit, bus rapid transit, or commuter rail, and the associated land use and development impacts. These activities may include, but not be limited to, the acquisition and management of federal, state, and local funding in conjunction with the Wisconsin Department of Transportation and the West Central Wisconsin Regional Planning Commission met to the conditions that sufficient funds are received. The Parties will communicate and coordinate the Coalition's activities as necessary with private corporations, state agencies, counties, municipalities, the Federal Transit Administration, other regulatory, planning, and funding agencies, and other stakeholders for advancement of the Coalition's purposes. The method of accomplishing the purpose of this Agreement is the establishment of a coalition to provide a mechanism whereby the Parties jointly address the stated purposes. ARTICLE 3. TERM This Agreement shall be effective March 1, 2010 and the coalition established herein may commence exercising the powers and authorized in this Agreement on the day that the Agreement has been executed by the Parties, as authorized by resolution of their governing boards. This Agreement shall remain in full force and effect until terminated by the Parties pursuant to Article 10 of the Agreement. ARTICLE 4. THE COALITION A. There is hereby created a coalition as a public entity, to be known as the West Central Wisconsin I -94 Corridor Coalition. The Coalition shall be an entity separate from its member Parties and shall not be deemed an agent or partner of the member Parties and the member Parties shall not be liable for the actions of the Coalition. The Coalition shall have full authority to exercise all powers stated herein. B. The Coalition shall consist of one Member and one alternate appointed through resolution by a Party for an initial term commencing with the execution of this Agreement until December 31, 2010. Each Member or alternate must be a member of the governing body, commission, council or employee of the jurisdiction or other qualified citizen residing in the jurisdiction which appoints him or her, and must remain so during his or her term. C. After December 31, 2010, the governing body, commission, or council shall appoint its member and alternate for one -year terms. In the event that any Member or alternate shall not have been appointed by January 1 in any year, the incumbent Member shall serve until a successor has been appointed. Removal of any Member or alternate during the term for which the Member has been appointed may be done at any time but shall be done only / Etion of the appointing governing body, commission, or council, or automatically if the Member ceases to be a member of the Parry which appointed him or her. D. Following the initial term, Coalition Member's terms shall commence on January 1 of a calendar year and end on January 1 of the next succeeding year, or until a successor is appointed. 3 ARTICLE 5. VOTING Board voting shall be as follows: Each Member receives one (1) vote. A. In the event that the appointed Member is not present at the meeting, their alternate may cast their Party's allocated vote. B. All actions of the Coalition require a simple majority vote of the Members present, provided those present constitute a quorum. ARTICLE 6. MEMBERSHIP The government units that are eligible for participation in this Coalition upon adoption of this agreement by resolution and duly executed by their respective governmental units on or before March 1, 2010 include: A. Parties a. Barron County b. Chippewa County c. Dunn County d. Eau Claire County e. St. Croix County B. If an entity identified in this Article 6.A.does not elect to become a Party by March 1, 2010, it may do so thereafter by amendment to this Agreement pursuant to Article 11 hereof. C. Additional parties as identified in Article 1 of this Agreement are eligible for participation in this Coalition upon adoption of this agreement by resolution and duly executed by their respective governmental unit. ARTICLE 7. POWERS OF COALITION The Coalition has such authority as is necessary and proper to make all decisions to carry out its purpose as described in Article 2. Such powers shall be subject to the provisions of any agreement with WCWRPC, but not be limited to, any or all of the following: A. Have the power to adopt and amend such by -laws that it may deem necessary or desirable for the conduct of its business. B. Select a representative and alternate to the Minnesota I -94 Corridor Commission. C. To pursue funding under financial auspices of WCWRPC. As such, apply for and accept gifts, grants and loans of money, other property, or assistance from the United States government, the State of Wisconsin, or any person, corporation, partnership, association, or agency public or private for any of its purposes; enter into any agreement in ,.._._.�..- .,�... 1 w ,......�.y: -- x�. Y. ��.,..., �. ., �_..,,. �.. m.... z_ �. u.. �. R..._.. r. �. ��. . a.. t.. b„ .. v�.. .. ,.. �.,. �. �.,�a...,.�...z,�..z���..2.,�. - - ��:...a J connection therewith to hold, use and dispose of such money, other property; and assistance in accordance with the terms of the gifts, grants, or loans relating thereto. All powers granted herein shall be exercised by the Coalition in accordance with the legal requirements applicable to the Commission. ARTICLE 8. OFFICERS, EMPLOYEES, AND SERVICES A. Chair and Vice -Chair The Coalition shall elect a Chair and Vice -Chair at its first regular meeting each year. The Chair and Vice -Chair shall be elected by the Coalition for a term of one (1) year. The Chair shall preside at all meetings of the Coalition, may establish such committees as may be needed from time to time and shall perform other duties and functions as may be determined by the Coalition. The Vice -Chair -shall assume the duties of the Chair during the absence of the Chair and perform such other duties as may be determined by the Coalition. If both the Chair and Vice -Chair are absent, the Coalition may elect a temporary Chair to conduct its business, provided a quorum is present. Election of a temporary chair shall be by a simple majority vote of the quorum. B. Executive Committee The Coalition may establish an Executive Committee of the Coalition consisting of one representative of each member county. The Executive Committee shall develop and make recommendations to the Coalition regarding the ongoing responsibilities of the Coalition and shall have such other duties as set forth in the Coalition's by -laws. C. Staff Any Party may provide staff support to the Coalition subject to the approval of the Coalition. D. Vacancies If an appointment of any Member or alternate is vacated before the end of his or her term, the vacancy is to be filled by appointment by the appropriate Party pursuant to Articles 4 and 6 of this Agreement. Vacancies shall be filled within thirty (30) days of their occurrence, or as soon as possible thereafter. E. Meetings The Coalition shall meet at regular intervals at such times and places as the Coalition shall establish in its by -laws. Special meetings may be held on reasonable notice by the Chair, Vice Chair, or any two members upon terms and conditions as the Coalition may determine and that conform to the Wisconsin Open Meeting Law, Wis. Stat. §§ 19.81. F. Committees The Coalition may establish standing committees of the Coalition by providing for such committees by resolution. The Chair may establish ad hoc committees of the Coalition. ARTICLE 9. FUNDING It is understood by the Parties that the activities and duties of the Coalition are to be funded primarily by grant monies from the United States Government, the State of Wisconsin or any other association or agency, received under the auspices of the Commission, as necessary, for the study of feasibility and environmental impacts, of a multi -modal transportation improvement in the I -94 Corridor including light rail transit, bus rapid transit, commuter rail, multi -use trails, and Intelligent Transportation Systems (ITS) along with the associated land use and development impacts, and administrative expenses of the Coalition (to the extent not covered by grant funds), and other items deemed necessary to facilitate development of the corridor. A. Budgeting, Accounting, Fiscal Aaent, and Other Services The Commission will provide contract management, legal review, and budgeting and accounting services necessary or convenient for the Coalition and otherwise act as the Coalition's fiscal agent. Such services shall include, but not be limited to, management of all funds, including contributions and grant monies, payment for contracted services, and relevant bookkeeping and record keeping. The contracting and purchasing requirements of the Commission shall apply to transactions of the Coalition. The Commission shall identify the staff person to work as liaison with the Coalition. B. Accountability for Funds All funds shall be accounted for according to generally acceptable accounting principles. A report on all receipts and disbursements shall be forwarded to the Coalition on an annual basis. The Parties have the authority to request reports pertaining to any and all budgeting and accounting services. All interest earned from established Coalition funds shall be credited back to those funds. ARTICLE 10. WITHDRAWAL AND TERMINATION A. Withdrawal Any Party may withdraw from this Agreement upon 90 -days prior written notice evidenced by resolution of the Party's governing body to the Coalition. In the event of withdrawal by any Party, this Agreement shall remain in full force and effect as to all remaining Parties. B. Termination This Agreement shall terminate upon the occurrence of any one of the following events: a. When necessitated by operation of law or as a result of a decision by a court of competent jurisdiction; or b. When all of the Parties agree, by resolution adopted by the respective governing bodies, to terminate this Agreement and all obligations of the Coalition have been met. ARTICLE 11. MISCELLANEOUS A. Amendments This Agreement may be amended by majority agreement of the Members, as described in Article 4, or their successors. B. Records, Accounts, and Reports The Coalition shall establish and maintain such funds and accounts as may be required by good accounting practices. The books and records of the Coalition shall be subject to the provisions of Wis. Stat. §§19 Subchapter II - Public Records and Property. The Coalition, within one hundred twenty (120) days after the close of each fiscal year, which shall be January 1 to December 31, shall give a complete written report of all financial activities for such fiscal year to the Parties. C. Counterparts This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. D. Severability The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of the Agreement is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of this Agreement. E. Entire Agreement This Agreement constitutes the entire agreement between the Parties and supersedes all prior written or oral agreements relating to the Coalition. F. Alternative Dispute Resolution In the event of a dispute arising under this Agreement, the Parties and the Coalition agree to attempt to resolve their dispute by following the process described below: a. A Party shall provide written notice to the Coalition describing perceived conflict, positions, and underlying reasons. b. The Coalition shall provide written response to notice within seven (7) days of receipt of notice. c. The Parties shall meet within 14 days of receipt of response and resolve the dispute by majority vote of the Parties present. d. In developing the process, the parties will be guided by the following principles: i. the Parties will attempt in good faith to reach a negotiated settlement; 7 ii. the Parties agree that there must be fair representation of the parties directly involved in the dispute; iii. the Parties will use legal proceedings as a last resort; and iv. in the event the Parties are unable to resolve the dispute, each Parry retains all rights, remedies, or defenses it had prior to entering the process. e. The parties will report to the Coalition within 60 -days of their first meeting on the resolution of the dispute or a recommendation to commence legal proceedings. G. Wisconsin Laws Govern The Laws of the State of Wisconsin shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the Parties and their performance. This Agreement is made in Eau Claire County and venue for any legal action to enforce the terms of this Agreement shall be in Eau Claire County Circuit Court. IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands on the date written on the following page(s). I Memorandum of Understanding establishing the West Central Wisconsin Interstate 94 Corridor Coalition - Signature page County of Barron County of Eau Claire Jeffrey French, County Administrator J. Thomas McCarty, County Administrator Date Date County of Chippewa County of St. Croix Steven Kubacki, County Administrator Roger Rebholz, Transportation Committee Chair Date Date West Central Wisconsin Regional Planning County of Dunn Commission (administrative agent) Eugene C. Smith, County Coordinator Jay Tappen, Executive Director Date Date