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Home My WebLink AboutResolutions - 2017.11.09 - 23177MISCELLANEOUS RESOLUTION #17312 November 9, 2017 BY: Commissioner Christine Long, Chairperson, General Government Committee IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION — INVEST HEALTH GRANT - BUS STOP AMENITY IMPROVEMENTS IN THE CITY OF PONTIAC - INTERLOCAL AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE SUBURBAN MOBILITY AUTHORITY FOR REGIONAL TRANSPORTATION (SMART) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County Health Division was awarded an 18-month grant from June 2016 through December 2017 from the Reinvestment Fund/Robert Wood Johnson Foundation for efforts aimed at improving image, safety and accessibility to public transit stops in the City of Pontiac; and WHEREAS the Robert Wood Johnson Invest Health Grant was originally approved by Miscellaneous Resolution #16116 and amended by Miscellaneous Resolution #16253; and WHEREAS the Oakland County Health Division is establishing an Interlocal Agreement with Suburban Mobility Authority for Regional Transportation (SMART) for purchase, installation and maintenance of new bus shelters and bus stop amenities within the City of Pontiac ("City"); and WHEREAS the Parties are authorized to enter into an Interlocal Agreement pursuant to P.A. 1967, No. 7 (MCL 124.501 et seq.); and WHEREAS the County shall utilize grant funds from Reinvestment Inc. to pay SMART $12,095 for one (1) bus stop shelter that includes an internal bench, four (4) additional aluminum or steel benches and five (5) aluminum or steel trash receptacles to be installed at five (5) differing bus stop locations within the City; and WHEREAS SMART will provide the above described shelter, benches and trash receptacles. SMART will also provide, at its own expense, concrete foundations and installation of the newly purchased equipment; and WHEREAS none of the provisions of the Agreement are intended to create any other relationship between the County and SMART; and WHEREAS this agreement has been reviewed in accordance with the Board of Commissioners' Automatic Direct Referral Procedures and is recommended for approval. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the Interlocal Agreement between the County of Oakland and SMART. BE IT FURTHER RESOLVED acceptance of this Interlace! Agreement does not obligate the County to any future commitment. BE IT FURTHER RESOLVED that the Board Chairperson is authorized to execute the agreement. Chairperson, on behalf of the General Government Committee, I move the adoption of the foregoing resolution. L.pr, Commis ner Christine Long, DiiTht #7 Chairperson, General Governme t C mmittee GENERAL GOVERNMENT COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Taub and Kochenderfer absent. FISCAL NOTE (MISC. #17312) November 9, 2017 BY: Commissioner Thomas Middleton, Chairperson, Finance Committee IN RE: DEPARTMENT OF HEALTH AND HUMAN SERVICES/HEALTH DIVISION — INVEST HEALTH GRANT - BUS STOP AMENITY IMPROVEMENTS IN THE CITY OF PONTIAC - INTERLOCAL AGREEMENT BETWEEN THE COUNTY OF OAKLAND AND THE SUBURBAN MOBILITY AUTHORITY FOR REGIONAL TRANSPORTATION (SMART) To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. Resolution authorizes the Interlocal Agreement between Oakland County and Suburban Mobility Authority for Regional Transportation (SMART) for purchase, installation, and maintenance of new bus shelters and bus stop amenities at five (5) different bus stop locations within the City of Pontiac. 2. Pursuant to the Agreement, the County will provide funding to SMART of $12,095 toward a bus shelter and amenities no later than December 15, 2017. SMART will provide, at no expense or cost to the County, shelter and amenity installation and concrete foundations that the equipment will be installed upon. 3. The Oakland County Health Division was awarded funding from the Reinvestment Fund/ Robert Wood Johnson Foundation Robert Wood Johnson Invest Health Grant, which was originally approved via Miscellaneous Resolution #16116 and amended by Miscellaneous Resolution #16253. 4. Grant funding will be utilized to purchase one (1) bus stop shelter with integrated solar lighting and internal bench, four (4) additional benches, and five (5) trash receptacles for a total cost of $12,095. 5. As stated in the interlacel agreement, the County will not have ownership or control over the final installed amenities. 6. No budget amendment is required as the funding is already included in the Robert Wood Johnson Investment Health Grant Fund (#28616). Commissioner Thomas Middleton, District #4 Chairperson, Finance Committee FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. ADR REVIEW SIGN OFF — Health Division RESOLUTION TITLE: Department of Health and Human Services/Health Division — Invest Health Grant/Bus Stop Amenity Improvements in the City of Pontiac — Interlocal Agreement Between the County of Oakland and the Suburban Mobility Authority for Regional Transportation (SMART) DEPARTMENT CONTACT PERSON: Lisa McKay-Chiasson/8-1395 DATE: 10/17/2017 DEPARTMENT REVIEW Department of Management and Budget: Approved with Modifications - (10/16/2017) WHEREAS the Robert Wood Johnson Invest Health Grant was originally approved by Miscellaneous Resolution #161176 and amended by Miscellaneous Resolution #16253; and WHEREAS this agreement has been reviewed in accordance with the Board of Commissioners' Automatic Direct Referral Procedures and is recommended for approvalaci€1. Corporation Counsel: Approved — Bradley Benn (10/17/2017) Department of Human Resources: Approved (No Committee) — Heather Mason (10/17/2107) OAKLAND COUNTY INTERLO CAL AGREEMENT BETWEEN OAKLAND COUNTY AND SUBURBAN MOBILITY AUTHORITY FOR REGIONAL TRANSPORTATION (SMART) This Agreement ("Agreement") is made between Oakland County, a Michigan Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County"), and Suburban Mobility Authority for Regional Transportation, Buhl Building, 535 Griswold Street Suite 600, Detroit, MI 48226 ("SMART"). In this Agreement, the County or SMART may also be referred to individually as Party or jointly as "Parties". Legal Authority The Parties are authorized to enter into this Agreement pursuant to P.A. 1967, No. 7 (MCL 124.501 et seq.). Purpose of Agreement The purpose of this Agreement is to establish a relationship between the Parties for purchase, installation and maintenance of new bus shelters and bus stop amenities within the City of Pontiac ("City"). Oakland County is responsible for the administration of grant funds from the Reinvestment Fund/Robert Wood Johnson Foundation ("Reinvestment Inc.") for efforts aimed at improving image, safety and accessibility to public transit stops in the City of Pontiac. To help achieve this goal, the County desires to purchase with grant funds one (1) bus stop shelter with integrated solar lighting that includes an internal bench, four (4) additional benches, and five (5) trash receptacles to be installed at five (5) bus stop locations within the City, as shown on "Exhibit A". SMART will provide the above described shelter, benches, and trash receptacles. SMART will also provide at its own expense concrete foundations that the equipment will be installed upon. Agreement Documents mean the following documents, which this Contract includes and incorporates: Exhibit A: Construction Diagram Exhibit B: Finances and Scope of Services 1 In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree as follows: I. Obligations of the Parties. A. Responsibilities of the County: i. The County shall utilize grant funds from Reinvestment Inc., in accordance with Exhibit B to pay SMART for a bus shelter, benches, and trash receptacles, to be installed at agreed upon bus stop locations. The Parties agree that the County will have no ownership or control over the final installed amenities. iii. The County will assist SMART to complete this project. B. Responsibilities of SMART: 1. SMART agrees to provide the equipment in accordance with Exhibit B. SMART also agrees to install the equipment based on industry standards and best practices. Exhibit A shall be used for reference purposes for installation only. SMART shall install the agreed upon amenities purchased by County at full expense of SMART. Shelter installation, repair and the concrete work, including the shelter pads and key walkways may be completed by subcontractors hired by SMART. The subcontractors hired by SMART to perform this work will be fully licensed and insured. SMART will obtain full authorization to proceed with the project and any authority to install bus shelters and/or amenities at the project sites within Michigan Department of Transportation (MDOT) owned right of ways identified in Exhibit A. The Parties agree that if MiDOT (or other appropriate jurisdiction) refrains from providing such authority that they acknowledge this is an event covered by Force Majeure in paragraph 14 below. iv. SMART shall have full custody and control over the installed bus shelter. SMART shall also replace any broken glass or similar significant physical damage as deteiluined by SMART to bus shelter installed under this agreement. Concerns in this regard will be addressed between SMART and City. 2 v. Amenities must be fully purchased from SMART, invoiced and paid by the County no later than December 15, 2017. 2. Grant Funds. The funds supplied for this Agreement are grant funds from the Reinvestment Fund. Inc. 3. No Indemnification. • Each Party shall be responsible for any Claims made against that Party and for the acts of its Employees or Agents. • In any Claim that may arise from the performance of this Agreement, each Party shall seek its own legal representation and bear the costs associated with such representation including any attorney fees. • Except as otherwise provided in this Agreement, neither Party shall have any right under any legal principle to be indemnified by the other Party or any of its employees or Agents in connection with any Claim. • This Agreement does not, and is not intended to, impair, divest, delegate or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty or immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of governmental immunity for any Party. 4. No Implied Waiver. Except as otherwise expressly provided for in this Agreement: • Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce any rights or remedies under this Agreement shall constitute a waiver of those rights with regard to any existing or subsequent breach of this Agreement. • No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement. • No waiver by either Party shall subsequently affect its right to require strict performance of this Agreement. 5. Reservation of Rights. This Agreement does not and is not intended to impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, immunity, or governmental immunity of the Parties. 6. Costs The Parties shall not pay any fees, costs, fines, or demands arising out of the activities to be carried out pursuant to this Agreement, except as provided herein. 7. Termination or Cancellation of Agreement. Any Party may terminate or cancel this Agreement for any reason upon sixty (60) calendar days written notice to the other Parties. 8. Notice All notices or other communications shall be sent by first class mail to all Parties at its address set forth above or such other address as a Party may subsequently designate in writing. Any written notice required or permitted under this Agreement shall be considered delivered to a Party as of the date that such notice is deposited, with sufficient postage, with the U.S. Postal Service. 3 9. Monitoring. The Parties agree to keep accurate and complete records of, and substantiating documentation (e.g., bills, invoices, cancelled checks, receipts) for, all uses of the proceeds for a period of three years after the effective date of this agreement and upon written request, produce any such records and substantiating documents. 10. Audits. The Parties agree that financial records relating to this Agreement will be available upon request for review or audit by County, the Reinvestment Fund Inc., or other appropriate officials. 11. Compliance with Laws. Each Party shall comply with all federal, state, and local statutes, ordinances, regulations, administrative rules, and requirements applicable to its activities performed under this Agreement. 12. Delegation/Subcontract/Assignment. Except as provided in this Agreement no Party shall delegate, subcontract, and/or assign any obligations or rights under this Agreement without the prior written consent of the other Party. 13. Severabilitv. If a court of competent jurisdiction finds a term or condition of this Agreement to be illegal or invalid, then the tem or condition shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full force. 14. Governing Laws. This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan regardless of its conflict of laws provisions. 15. Jurisdiction and Venue. Except as otherwise required by law or court rule, any action brought to enforce, interpret, or decide any Claim(s) arising under or related to this Agreement shall be brought in the Sixth Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the court. Except as otherwise required by law or court rule, venue is proper in the courts set forth above. The choice of forum set forth above shall not be deemed to preclude the enforcement of any judgment obtained in such forum or taking action under this Agreement to enforce such judgment in any appropriate jurisdiction. 16. Independent Contractor. The Parties agree that at all times and for all purposes under the terms of this Agreement, the Parties' legal status and relationship shall be that of an Independent Contractor. Except as expressly provided herein, each Party will be solely responsible for the acts of its own employees, agents, and servants during the term of this Agreement. No liability, right or benefits arising out of an employer/employee relationship, either express or implied, shall arise or accrue to any Party as a result of this Agreement. 17. Discrimination. The Parties shall not discriminate against their employees, agents, applicants for employment, or another person or entities with respect to hire, tenure, terms, conditions, and privileges of employment, or any matter directly or indirectly related to employment in violation of any federal, state or local law. 18. Force Maieure. Each Party shall be excused from any obligations under this Agreement during the time and to the extent that a Party is prevented from performing due to causes 4 beyond the Party's control, including, but not limited to, an act of God, war, fire, strike, labor disputes, civil disturbances, reduction of power source, inability to obtain the authority from MDOT (or other appropriate jurisdiction) as contemplated and expected by Paragraph 1B sub iii above or any other circumstances beyond the reasonable control of the affected Party. Reasonable notice shall be given to the other party of any such event. 19. Breach. If a Party or Parties are found to have breached this Agreement, and as a result of the breach grant funds are required to be refunded, the breaching Party or Parties are responsible for the refunding of grant money. 20. Effective Date and Duration of the Agreement. • The Parties agree that this Agreement, and/or any subsequent amendments thereto, shall not become effective prior to the approval by the Oakland County Board of Commissioners, the City of Pontiac, and Suburban Mobility Authority for Regional Transportation. The approval and terms of this Agreement, and/or any possible subsequent amendments thereto when possible, shall be entered in the official minutes and proceedings of the Oakland County Board of Commissioners, City of Pontiac, and SMART and shall also be filed with the office of the Clerk of the County. • The Parties further agree that this Agreement, and/or any subsequent amendments thereto, shall not become effective prior to the filing of this Agreement, and/or any possible subsequent amendments with the Michigan Secretary of State (MCL 124.510). • This Agreement shall remain in effect until it is cancelled or terminated by either of the Parties as provided herein. 21. Agreement Modification. Any modifications, amendments, recessions, waivers, or releases to this Agreement must be in writing and agreed to by both Parties. 22. Entire Agreement. This represents the entire agreement and understanding between the Parties. This Agreement supersedes all other oral or written agreements and memorandums between the Parties regarding this subject matter. Oakland County Signature: Date: Michael Gingell Chairman Oakland County Board of Commissioners Suburban Mobility Authority for Regional Transportation (SMART) 5 Signature: Date: John C. Hertel General Manager Suburban Mobility Authority for Regional Transportation .-Columbia - — - ---- 'Ken L 11 • ' _ _ I JL - I waitoi, L _ - Jr- f _ _ POntiac 1 . , '7 v ),:yzi____ Featherston ee _________ §----- '4-, ,4- _.„ ..: I; Ifiulum • _II ir _ Rapid 7%.! ' Golf so, !I South Blvd - 1 2 1!7 -r _ II 4, o. x. ii lrL °A; SHEET City of Pontiac SMART Bus Stop Accessibility Improvement Project EXHIBIT A DETAIL Typical 4" Concrete Pad & Level Boarding Platforms DETAIL 4" Concrete Pad 4" Concrete includes all necessary equipment, materials, labor, coring, removing and disposing of excess material required for concrete pad installation. Concrete pad shall be complete and include excavation, aggregate placement, and concrete finishing. • Perry &Walton (3.88 cu yds) () Columbia & Baldwin (1.17 cu yds) 0 Perry & Pike (1.37 cu yds) 0 Orchard Lake Rd &Woodward (0.58 cu yds) 0 Woodward & South Blvd (2.86 cu yds) TOTAL: 10.2 cu yds (includes 10% extra for slab depth variations) 11 I Montcalm 4 CONCRE7E PAO VAN BROOMED F7N75N 63500 4" UYESTONE ADC. BASE, 21AA CR MOOT CtASS II SAND Existing Bus Stop Sign Existing Sidewalk Not to Scale Trash Receptacle 41110 DETAIL 4" Concrete Pad • Perry & Walton Stop ID: 9593 Bus Stop Located Near: 1350 E Walton Blvd Pontiac, NU 48340 City of Pontiac SMART Bus Stop Accessibility Improvement Project DETAIL Typical 4" Concrete Pad & Level Boarding Platforms 4" CONCRETE PAD Itt7H BROOME!, RAUH (3500 PSO 4" LIMESTONE AGO. BASE, 27,41 OR MOOT LIASS II SAND 22'x 55:4" Not to Scale :SHEET 3. City of Pontiac SMART Bus Stop Accessibility improvement Project DETAIL Typical 4" Concrete Pad & Level Boarding Platforms Existing Bus Stop Sign - Trash Receptacle • CONCRE7E PAD WITH BROOME, FINISH (3500 PSI) 4" LIMESTONE AGO. SASI 21AA OR moor CLASS II SAND DETAIL Bench 4" Concrete Pad o Columbia & Baldwin Stop ID: 1720 1 5'x 6x 4" Bus Stop Located Near: 30W Columbia Ave Pontiac, Ml 48340 Existing Sidewalk Not to Scale Existing Sidewalk SHEET City of Pontiac SMART Bus Stop Accessibility improvement Project DETAIL Typical 4" Concrete Pad & Level Boarding Platforms CONCRVE PAO WITH 81700,11ED FINISH (.500 PSI) 4" LIMESTONE AGO. BASE. 21AA OR MOOT CLASS 11 SAND DETAIL 4" Concrete Pad CO Perry & Pike Stop ID: 19928 Bus Stop Located Near: 11 N Perry St Pontiac, MI 48342 Existing Sidewalk Not to Scale Woodward Ave Trash ) Receptacle 9'x 5'x 4" DETAIL Typical 4" Concrete Pad & Level Boarding Platforms DETAIL 4" Concrete Pad o Orchard Lake Rd &Woodward Stop ID: 22439 Bus Stop Located Near: 51000 Woodward Ave Pontiac, MI 48342 City of Pontiac SMART Bus Stop Accessibility Improvement Project Existing Bus Stop Sign 4" CONCRE7E PAD WM? BROOMED FINISH (3500 PSI) 4" LIMESTONE AGO. BAS. 21AA OR ROOT CLASS 11 SAND City of Pontiac SMART Bus Stop Accessibility Improvement Project Woodward Ave Trash Receptacle 4'x 4'x 4" • 29'x 5'x 4" Not to Scale Existing Bus Stop Sign Bench - Existing Sidewalk 10'x 6'x4" DETAIL Typical 4" Concrete Pad & Level Boarding Platforms DETAIL 4" Concrete Pad o Woodward & South Blvd Stop ID: 19898 Bus Stop Located Near: 44821 Woodward Ave Pontiac, MI 48341 CONCREE PAD HUN BROOME° FINISH (3500 PSI) 4" LIYESTONE AGM BASE 215A OR HOOF CLASS 11 SAND Exhibit B Finances and Scope of Services Bus Stop Improvement The County agrees to purchase from SMART the following equipment at the prices described below. The County agrees to pay the Not to Exceed amount of $12,095.00 for all equipment and labor. SMART agrees to provide for the installation of the equipment at its own expense following industry standards and best practices. Tier I Stops Items Budget Other Notes Perry & Walton #11 Stop ID: 9593 • Shelter • Bench (internal bench) • Trash Can • Shelter Pad • Key Walk • Amenity Installation • $7,195 • $485 • $495 • SMART1 • SMART • SMART Tier II Stops Items Budget Other Notes Woodward & South Blvd #6 Stop ID: 19898 • Bench • Trash Can • Shelter Pad • Key Walk • Amenity Installation • $485 • $495 • SMART • SMART • SMART Perry & Pike #10 Stop ID: 19928 • Bench (2) • Trash Can • Shelter Pad • Amenity Installation • $970 (2) • $495 • SMART • SMART SMART shall review concrete needs to determine if a Shelter Pad is necessary as there is existing concrete at this site. Columbia @ Baldwin #3 Stop ID: 1720 • Bench • Trash Can • Shelter Pad • Amenity Installation • $485 • $495 • SMART • SMART Tier ll Stops Items Budget Other Notes Woodward & Orchard Lake Rd. Stop ID: 22439 • Trash Can • Shelter Pad • Key Walk • Amenity Installation • $495 • SMART • SMART • SMART Total $12,095 1 When SMART is utilized in the budget column of this document it is understood by the Parties that SMART will be supplying the materials and labor at its own cost. Resolution #17312 November 9, 2017 Moved by Fleming supported by Bowman the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted (with accompanying reports being accepted). AYES: Crawford, Dwyer, Fleming, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer, KowaII, Long, McGillivray, Middleton, Quarles, Spisz, Taub, Tietz, Weipert, Woodward, Zack, Berman, Bowman. (21) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended Consent Agenda were adopted (with accompanying reports being accepted). I HEREBY APPPIOVE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 45.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on November 9, 2017, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 9th day of November, 2017. Lisa Brown, Oakland County -