PIONEER VALLEY PLANNING COMMISSION VALLEYBIKE SHARE JOINT POWERS

PIONEER VALLEY PLANNING COMMISSION VALLEYBIKE SHARE JOINT POWERS PRESENTATION 9/21/19 ERIC WEISS, PVPC MANAGER OF REGIONAL AND MUNICIPAL SERVICES

PVPC is responsible for increasing communication, cooperation, and coordination among all in order to benefit the Pioneer Valley region and to improve its residents' quality of life. PVPC 1 of 14 Regional Planning Agencies 43 Cities and Towns in our Region

What PVPC Does PVPC provides professional and technical assistance services in many areas, including ; -Transportation, Land Use & Planning, Community Development &Housing, Regional and Municipal Services, Sustainability & Climate Change Mitigation and Emergency Preparedness

Valley. Bike Share Current Arrangement - Currently using an inter-municipal agreement with a lead Community (Northampton) model - Successfully got communities together for start up purposes through creation of a steering committee with limited power - Relies heavily on lead Community and a “champion’ in each community to accomplish goals - Current obligation defined by the period starting with the Bikeshare rollout starting in July 2017 - CMAQ grant will end December 2019, Northampton has incurred additional costs as well.

Valley. Bike Share Interim Options - Steering Committee needs to be focused on short term and long term to keep the effort moving ahead - Current CMAQ grant will end December 2019 - Since JPA process will take time to develop, need for interim measures to compensate may be required - Continued funding, staffing and governance are critical to keeping effort going - Need for discussion on next steps - Maybe Phase II CMAQ funding can support - Other options?

Valley. Bike Share Potential JPE Options - The Valleybike member Communities have a number of options under the statute; - 1. Develop a new inter-municipal Agreement - 2. Allow PVPC to over see the effort - 3. Transportation Management Association) - (pubic-private partnership meant for broader scope) - 4. Create a District, Agency or some other specific entity - 5. Create a unique Joint Power Agreement (JPA) which leads to a unique Joint Powers Entity (JPE)

Valley. Bike Share – Joint Powers Agreements - Joint Powers Agreements (JPA) are codified under Massachusetts General Law Chapter 40 Section 4 A 1/2 (Enacted November, 2016) - Designed to help communities create efficiencies by working together and be more than just a cooperative agreement between parties - Goal to have communities create a Joint Powers Entity (JPE) which helps create and support new opportunities - Group with the help of the PVPC will need to define the parameters to create an inter-governmental agreement - The end result will be separate legal governmental entity with specified governmental powers

Valley Bike – Joint Powers Agreement - The Joint Powers Agreement (JPA) supporting a JPE is required to specify six areas; 1. The purpose and the method by which the purpose of the JPE will be accomplished 2. The services or activities to be jointly performed 3. The specific organization, including composition, the nature and structure of the entity 4. Manner of financing, borrowing powers, budgets, limitations and requirements 5. Definition of joint powers agreement withdrawal, additions and termination terms 6. The duration of the JPA -

Valley Bike – Joint Powers Entity – Powers - Joint Powers Entity (JPE) – “Powers”; 1. Sue and be sued 2. Make and execute contracts 3. Make amend and repeal policies 4. Receive and expend funds 5. Apply for and receive grants 6. Create and submit and annual report 7. Any other such powers as deemed necessary

Valley Bike – Joint Powers Entity Management Structure - The Joint powers Entity will need a management structure defining its Board of Directors and its responsibilities - Board of Directors will; 1. Define oversight relationship 2. Coordinate the activities of the entity 2. Establish policies and procedures 3. Define parameters of representation 5. Insure transparency and adherence to the proper financial control protocols

Valley Bike – Joint Powers Entity Essential Questions 1. What is the purpose and goal of the JPE? 2. How will it be funded (assessments, per capita, etc. )? 3. What will be the powers of the Board of Directors. 4. How many communities will participate/voting structure and powers of the entity. 5. Personnel structure, # of employees, responsibilities, salaries, etc. 6. Term of agreement (# of years) -

Valley Bike – Joint Powers Entity What type of JPE Fits best? What type of JPE does this group want to create? - Do not a district, agency or authority (too big) - Existing IMA and/or a Cooperative is too weak - Need essentially a smaller version of the PVTA focused on managing and developing bike share infrastructure as well as the delivery of services - Needs to be flexible to allow for as many communities as possible to become members -We can work with you to draft the JPA to fit this model