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HomeMy WebLinkAboutResolutions - 2022.04.14 - 35434• BOARD OF COMMISSIONERS April 14, 2022 MISCELLANEOUS RESOLUTION #22-107 Sponsored By: William Miller III Economic Development - Veterans Services - Interlocal Agreement SMART Interlocal Agreement for Veteran Transportation Program Chairperson and Members of the Board: WHEREAS Oakland County has received MVAA County Veterans Service Fund grants in the amount of $645,464 and accepted those in MR #21-386 and MR # 22-056; and WHEREAS $150,000 of the MVAA County Veterans Service Fund have been allocated towards a veterans transportation program; and WHEREAS the veterans transportation program will provide veterans and dependents free round trip transportation to the Oakland County Veterans Services offices in Pontiac and Troy from any location in Oakland County; and WHEREAS the transportation services shall be provided five days per week; and WHEREAS Oakland County wishes to enter into an interlocal agreement with Suburban Mobility Authority for Regional Transportation (SMART) to provide these services; and WHEREAS SMART may partner with other transportation service providers; and WHEREAS SMART shall provide ADA compliant vehicles when requested or needed; and WHEREAS the cost per ride paid by Oakland County from the grant funds will be $45.00; and WHEREAS the program will run until September 30, 2022; and NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the attached Interlocal Agreement and authorizes the Chairperson of the Board of Commissioners to sign the Agreement BE IT FURTHER RESOLVED that no budget amendment is required as the $150,000 not to exceed amount reflected in the Interlocal Agreement will be covered from the existing budget in the MVAA County Veterans Service grant fund (#29252). Chairperson, the following Commissioners are sponsoring the foregoing Resolution: William Miller III. 6z,." d Date: April 14, 2022 David Woodward, Commissioner La u Pay Date: April 22, 2022 Hilarie Chambers, Deputy County Executive II sw�" Date: April 25, 2022 p Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2022-04-06 Economic Development & Infrastructure- Recommend to Board 2022-04-14 Full Board VOTE TRACKING Motioned by Commissioner Gwen Markham seconded by Commissioner Penny Luebs to adopt the attached Interlocal Agreement: SMART Interlocal Agreement for Veteran Transportation Program. Yes: David Woodward, Michael Gingell, Michael Spisz, Karen Joliat, Kristen Nelson, Eileen Kowall, Christine Long, Philip Weipert, Gwen Markham, Angela Powell, Thomas Kuhn, Charles Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Penny Luebs, Janet Jackson, Robert Hoffman, Adam Kochenderfer (20) No: None (0) Abstain: None (0) Absent: (0) Passed ATTACHMENTS SMART interlocal agreement and scope of services 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 April 14, 2022, 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 Circuit Court at Pontiac, Michigan on Thursday, April 14, 2022, Lisa Brown, Oakland County Clerk/Register of Deeds OAKLAND COUNTY INTERLOCAL AGREEMENT BETWEEN /UM 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". Leeal Authority. The Parties are authorized to enter into this Agreement pursuant to P.A. 1967, No. 7 (MCL 124.501 et seq.). riarr?ose of Are me . The purpose of this agreement is to establish and administer a program providing origin to destination transportation for Veterans and their dependents consistent with the Scope of Services attached as Exhibit A. Agreement Documents mean the following documents, which this Agreement includes and incorporates: Exhibit A: Scope of Services Exhibit A and any subsequent amendments thereto shall be subject to the Terms and Conditions set forth below. In the event of any conflict between Exhibit A and the Terms and Conditions, the language of Exhibit A shall control. In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree as follows: 1. Oblitjations of the Parties, 1 A. Responsibilities of the County: The County shall utilize grant funds from the Michigan Veteran's Affairs Agency County Veteran's Service Fund (CVSF), in the current amount of $150,000, to reimburse SMART for its facilitation and administration of origin to destination transportation services for veterans and their dependents as described and agreed upon in Exhibit A. ii. The County will assist and cooperate with SMART in the facilitation of this program. B. Responsibilities of SMART: i. SMART agrees to render the services specified in the Scope of Services, attached hereto as Exhibit A. 2. Grant Funds. The funds supplied for this Agreement are grant funds from the Michigan Veteran's Affairs Agency County Veteran's Service Fund (CVSF). 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 Parry 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 Imnlied 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 pf Ri h s 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 P art i es 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. TSrm';,nation or Cancellation gf A%LCkWSjlL Any Party may terminate or cancel this Agreement for any reason upon thirty (30) calendar days written notice to the other Parties. 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, 4. Monitorine. 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 and reasonable notice for review or audit by County or other appropriate officials for a period not to exceed seven (7) years from the completion of this Agreement. 11. Compliance with maws. 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. Deleeafron/Subcontract/Assianment. Except as provided in this Agreement no Party shalt delegate, subcontract, and/or assign any obligations or rights under this Agreement without the prior written consent of the other Party. 13. Severability. If a court of competent jurisdiction finds a term or condition of this Agreement to be illegal or invalid, then the term or condition shall be deemed severed from this Agreement. All other terms, conditions, and provisions of this Agreement shall remain in full force. 10, Governing laws• This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan regardless of its conflict orlaws provisions, 11. 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. 12. Indenendent 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. 13. 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. 14. 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 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, pandemic 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. 15, 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. 16. 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 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 and SMART and shall also be filed with the office of the Clerk of the County. This Agreement shall remain in effect until it is cancelled or terminated by either of the Parties as provided herein or as set forth in Exhibit A. 17. Agreement Modificatinn. Any modifications, amendments, recessions, waivers, or releases to this Agreement must be in writing and agreed to by both Parties. 18. 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: David Woodward Chairman Oakland County Board of Commissioners Suburban Mobilitv Authority for Regional Transportation (SMART) Signature: Dwight Ferrell General Manager Suburban Mobility Authority for Regional Transportation Date: EXHIBIT A; Scope of Services The Scope of Services to be provided by the Suburban Mobility Authority for Regional Transportation (SMART) to Oakland County pursuant to an Interlocal Agreement for the utilization of grant funds by Oakland County received from the Michigan Veteran's Affairs Agency County Veteran's Service Fund (CVSF) for the purpose of providing origin to destination transportation for veterans and their dependents is set forth as follows: 1. Subject to availability, origin to destination transportation services shall be provided five (5) days per week, Monday through Friday, between any location in Oakland County and the closest Veteran's Services office location at either Building 26E, 1200 N Telegraph Rd., Pontiac, MI 48341 or 1151 Crooks Rd., Troy, MI 48084. 2. Subject to availability, the hours of service to be provided shall accommodate arrivals by 8:00 a.m. and departures up to 6:30 p,m. Provider SMART shall facilitate all scheduling. 3, The services shall be available throughout all of Oakland County. SMART may partner with other transportation service providers as needed in order to achieve full geographic coverage of Oakland County. SMART, and its partners will utilize a shared ride system to provide the origin to destination transportation. 4. The cost per ride to be paid by Oakland County from the grant funds shall be $45.00. 5. SMART shall provide ADA compliant vehicles when needed or requested. 6. SMART shall provide a dedicated program phone number and email address to allow all customers full access to the program. 7. SMART shall provide to Oakland County an itemized, per ride invoice every 30 days; Oakland County shall reimburse SMART from program funds within 30 days of receiving the invoice. 8. Duration of the program shall be from April 1, 2022 until September 30, 2022. 9. This Scope of Services may be amended in writing by mutual consent of the parties. Any such amendments shall be incorporated by reference into the Interlocal Agreement, and shall be subject to the terms of the Interlocal Agreement, For: SMART Dated: For: Oakland County