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HomeMy WebLinkAboutResolutions - 2023.07.20 - 40339 AGENDA ITEM: 2023 Interim Local Transportation Reimbursement Program DEPARTMENT: Economic Development - Oakland County Transit Division MEETING: Board of Commissioners DATE: Thursday, July 20, 2023 6:00 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2023-3127 _ 23-116 Motion to adopt the attached suggested resolution. ITEM CATEGORY SPONSORED BY Interlocal Agreement Yolanda Smith Charles INTRODUCTION AND BACKGROUND Oakland County recognizes there is a persistent need for citizens of all ages and abilities to be able to use reliable and dependable public transportation services to access jobs, health care, community resources, colleges/universities, shopping, and recreational opportunities. The request is to approve the interlocal agreement for the 2023 Interim Local Transportation Reimbursement Program (Program) as prepared by Corporation Counsel and approve a budget amendment to increase the program appropriation to provide dollar for dollar reimbursement funds to maintain existing public transportation services in northwest and southwest Oakland County municipalities. Since the Oakland County Transit Millage was passed in 2022, many local communities have reported that their residents are more aware of transit opportunities. As a result, communities are reportedly experiencing a 15-20% increase in ridership in their local transportation programs. The Oakland County Board of Commissioners appropriated $500,000 for the 2023 Interim Local Transportation Reimbursement Program on February 16, 2023. With the increase in awareness and ridership on the rise, a budget amendment of $351,415 is required for the program. This increase includes a 5% contingency to cover any unforeseen program reimbursement requests that may arise due to an increase in ridership that an eligible municipality may experience for the remainder of 2023. To supplement the County funds, the Program factors in Municipal Credits that are restricted to local transportation services. SMART contracts with local municipalities and provides Municipal Credit funds, which are made available to SMART by the Michigan Legislature pursuant to Michigan Public Act 51 of 1951. The Program distribution formula is based upon the following factors: Municipal Credits received from SMART, other transportation restricted funds, and the current municipal approved FY 2023 budgeted amount for public transportation services. Oakland County Reimbursement Funds will be used in addition to Municipal Credits received from SMART for eligible public transportation expenses. The qualified municipalities interested in participating in this reimbursement program submitted an application to the Oakland County Department of Economic Development, which administers the program. The participating municipalities awarded funds through the Program will approve an Interlocal Agreement between Oakland County and the municipality. Eligible municipalities are responsible for contracting directly with a local transportation provider or operating their own transportation program. POLICY ANALYSIS This is a request for $351,415 and the approval of the interlocal agreement for the 2023 Interim Local Transportation Reimbursement Program. The funds include a 5% contingency to cover any unforeseen program reimbursement requests for the remainder of 2023 (Program is one-year). On February 16, 2023, the Board of Commissioners approved MR #2023-2590 which appropriated $500,000 for the Program. Funds are used in addition to Municipal Credits received from SMART for eligible public transportation expenses. The additional funding is for the CVT’s in northwest and southwest Oakland County to support existing public transportation services. Many local communities have reported that residents are more aware of transit opportunities, resulting in a 15- 20% increase in ridership in their local transportation programs. The County's share of funds for the Interim Local Transportation Reimbursement Program for 2023 is $851,415.00 (see Schedule B, CVT reimbursement amount and scope of work). Corporation Counsel has approved the Interlocal Agreement. On approval of the Board, the Chair is authorized to execute the agreements. The budget will be amended as reflected in Schedule A – Budget Amendment. BUDGET AMENDMENT REQUIRED: Yes Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at 248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional information. CONTACT Kristen Wiltfang, Administrator Trails, Transportation & Environment Eli Cooper, Manager Transit ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 7/20/2023 David Woodward, Board of Commissioners Approved - 7/20/2023 Hilarie Chambers, Executive's Office Approved - 7/28/2023 Lisa Brown, Clerk/Register of Deeds Final Approval - 7/31/2023 AGENDA DEADLINE: 08/02/2023 8:35 PM ATTACHMENTS 1. Schedule A - 2023 Interim Local Transportation Reimbursement Program 06282023 2. Schedule B - 2023 Interim Local Transportation Reimbursement Program 06282023 3. Agreement - 2023InterimLocalTransitReimbursementProgram06282023 4. Exhibit A - 2023InterimLocalTransitReimbursementProgram06282023 5. Exhibit B - 2023InterimLocalTransitReimbursementProgram06282023 6. Exhibit C - 2023InterimLocalTransitReimbursementProgram06282023 7. Exhibit D - 2023InterimLocalTransitReimbursementProgram06282023 8. Oakland Transit Reimbursement Program Information 06262023 COMMITTEE TRACKING 2023-07-12 Economic Development & Infrastructure - Recommend and Forward to Finance 2023-07-12 Finance - Recommend to Board 2023-07-20 Full Board - Adopt Motioned by: Commissioner Robert Hoffman Seconded by: Commissioner Angela Powell Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, Janet Jackson, Charles Cavell, Brendan Johnson, Ajay Raman (16) No: None (0) Abstain: None (0) Absent: Gary McGillivray, William Miller III, Yolanda Smith Charles (3) Passed July 20, 2023 RESOLUTION #2023-3127 _ 23-116 Sponsored By: Yolanda Smith Charles Economic Development - Oakland County Transit Division - 2023 Interim Local Transportation Reimbursement Program Chair and Members of the Board: WHEREAS on February 16, 2023, the Oakland County Board of Commissioners approved MR #2023-2590 which appropriated $500,000 for the 2023 Interim Local Transportation Reimbursement Program (the Program); and WHEREAS the Program is a reimbursement program to assist qualifying cities, villages, and townships (CVTs) in northwest and southwest Oakland County to support existing public transportation services; and WHEREAS the Economic Development Department has reviewed and approved the applications submitted by the local CVTs eligible under the 2023 Interim Local Transportation Reimbursement Program; and WHEREAS the County's share of funds for the Interim Local Transportation Reimbursement Program is $851,415.00. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the reimbursement amounts listed on the Schedule B (attached) and authorizes the release of the Transit Millage funds from the Oakland County Public Transportation Millage Fund Balance account. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby authorizes a one-time appropriation of $351,415 from the County’s Public Transportation Millage Fund Balance Account for the purpose of the 2023 Interim Local Transportation Reimbursement Program to continue current transportation services in northwest and southwest Oakland County. BE IT FURTHER RESOLVED that the Chairman of the Board of Commissioners is authorized to enter into the attached Interlocal Agreement(s) with the participating CVTs for the 2023 Interim Local Transportation Reimbursement Program, as prepared by Corporation Counsel. BE IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this resolution to Oakland County Fiscal Services and the CVTs participating in the 2023 Interim Local Transportation Reimbursement Program. BE IT FURTHER RESOLVED that the FY 2023 budget shall be amended as reflected in the attached Schedule A – Budget Amendment. Chair, the following Commissioners are sponsoring the foregoing Resolution: Yolanda Smith Charles. Date: July 20, 2023 David Woodward, Commissioner Date: July 28, 2023 Hilarie Chambers, Deputy County Executive II Date: July 31, 2023 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2023-07-12 Economic Development & Infrastructure - Recommend and Forward to Finance 2023-07-12 Finance - Recommend to Board 2023-07-20 Full Board - Adopt Motioned by Commissioner Robert Hoffman seconded by Commissioner Angela Powell to adopt the attached Interlocal Agreement: 2023 Interim Local Transportation Reimbursement Program. Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, Janet Jackson, Charles Cavell, Brendan Johnson, Ajay Raman (16) No: None (0) Abstain: None (0) Absent: Gary McGillivray, William Miller III, Yolanda Smith Charles (3) Passed ATTACHMENTS 1. Schedule A - 2023 Interim Local Transportation Reimbursement Program 06282023 2. Schedule B - 2023 Interim Local Transportation Reimbursement Program 06282023 3. Agreement - 2023InterimLocalTransitReimbursementProgram06282023 4. Exhibit A - 2023InterimLocalTransitReimbursementProgram06282023 5. Exhibit B - 2023InterimLocalTransitReimbursementProgram06282023 6. Exhibit C - 2023InterimLocalTransitReimbursementProgram06282023 7. Exhibit D - 2023InterimLocalTransitReimbursementProgram06282023 8. Oakland Transit Reimbursement Program Information 06262023 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 July 20, 2023, 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, July 20, 2023. Lisa Brown, Oakland County Clerk / Register of Deeds R/E Fund Name Division Name Fund # (FND)Cost Center (CCN) # Account # (RC/SC) Program # (PRG)Grant ID (GRN) # Project ID # (PROJ) Region (REG) Budget Fund Affiliate (BFA) Ledger Account Summary Account Title FY 2023 Amendment FY 2024 Amendment FY 2025 Amendment R Oakland Transit Oakland County Transit FND58800 CCN1090801 SC631827 PRG172155 Reimbursement General 351,415.00$ -$ -$ Total Revenues 351,415.00$ -$ -$ E Oakland Transit Oakland County Transit FND58800 CCN1090801 SC731598 PRG172155 Regranting Program 351,415.00$ -$ -$ Total Expenditures 351,415.00$ -$ -$ Oakland County, Michigan Economic Development - 2023 Interim Local Transportation Reimbursement Program Schedule "A" DETAIL Project No. CVT (1)Scope of Work Actual Rides in 2022 Projected Rides in 2023 Approved Reimbursement Amount (2) Municipal Credits (3) Other Funding (4) Total CVT Transit Program Cost 1 TR23001 Brandon Township The Edna Burton Senior Center provides transportation services for qualified senior citizens 55 and older and people with disabilities 18 and older that are a resident of Ortonville, Brandon, or the eastern half of Groveland Township in the Brandon School District. Transportation services are for non-emergency medical appointments, shopping, social activities and other errands. The service operates Monday through Friday from 8:00 a.m. – 4:00 p.m. (excluding holidays). Reservations are required at least 2 business days in advance of a trip. Fare Structure is per person and is a suggested donation of $2 for trips within 17-mile radius, $3 for trips within a 25-mile radius, and $5 for trips over 25-miles. The vehicle fleet includes a 13-passenger bus, a 14-passenger bus, and a 7- passenger van. All three vehicles are equipped with grab bars, wheelchair lifts and tiedowns.1,650 1,700 $47,533.00 $17,167.00 $0.00 $64,700.00 2 TR23002 Commerce Township Commerce Township contracts with People's Express, on behalf of the Township and the Village of Wolverine Lake. Transportation services are provided to all residents of the two communities with a focus on vulnerable populations including Seniors 55 and older, residents with disabilities, and Veterans for non-emergency medical, work or shopping trips. Reservations must be made at least 3 full business days in advance of a trip. Residents can travel anywhere in the driving boundary that extends south of M-59, north of 12 Mile Rd, east of Milford Rd, and west of Drake Rd. Seniors, Disabled, and Veterans pay a $2 fare per one-way trip, everyone else pays $10 per one-way trip. If a resident travels outside of that service area, they are then charged $2.50 per mile pricing ($1.25 per mile for senior, disabled, veteran) from their place of pickup to their destination. All fares paid by residents are retained by People’s Express. People’s Express charges Commerce Township a fee of $25 per one-way trip.4,810 6,734 $140,000.00 $40,299.00 $0.00 $180,299.00 3 TR23003 Independence Township The Independence Township Senior Community Center provides transportation services to senior citizens 55 and older and people with disabilities 18 and older that are a resident of Independence Township, Clarkston or Springfield Township. This wheelchair accessible service operates Monday through Friday from 8:00 a.m. to 4:00 p.m. Ride requests need to be scheduled 2 business days in advance and are subject to availability. Curb to Curb transportation service is provided to assist in maintaining independent living for residents and trips are primarily for non-emergency medical appointments, work, shopping, recreation and social activities. Trips to special destinations outside of the service area include Meijer/Great Lakes Crossing Mall, McLaren Oakland, Pontiac General and St. Joseph Mercy Oakland medical buildings in Pontiac. Fares vary depending on destination and range from $3.00 per one-way trip within the service area or $5 per one-way trip to special destinations.9,100 10,400 $161,502.00 $48,963.00 $67,393.00 $277,858.00 4 TR23004 Lyon Township Lyon Township contracts with People's Express to provide point-to-point transit service for all Township residents. Seniors and people with disabilities pay a $3 fare for one-way trips anywhere within the township (all other riders pay $6 per one-way trip). If a resident travels outside of the township, they are then charged $2.50 per mile pricing ($1.25 per mile for senior, disabled) from their place of pickup to their destination. All fares paid by citizens are retained by People’s Express. People’s Express charges Lyon Township a fee of $28 per one-way trip. Reservations must be made at least 3 full business days in advance of a trip. Service boundaries are approximately Dixboro Road on the west, Pontiac Trail on the north, Beck Road on the east, and 8 Mile Road on the south.1,689 1,858 $30,240.00 $21,784.00 $0.00 $52,024.00 5 TR23005 Milford Township Milford Township contracts with People's Express, on behalf of the Township and the Village of Milford. Transportation services are provided for all residents of the two communities and seniors and persons with disabilities ride for a reduced fare. Many residents rely on transportation services to get them to non-emergency medical appointments, shopping and social activities. For many residents, this service allows them to be independent and not need to rely on family members throughout the week. Riders are charged differing amounts based on the destination that they are being transported to. All fares paid by residents are retained by People’s Express. People’s Express charges Milford Township a fee of $28 per one-way trip. Reservations must be made at least 3 full business days in advance of a trip. 3,135 3,400 $103,940.00 $15,988.00 $0.00 $119,928.00 6 TR23006 City of Novi The City of Novi’s Older Adult Transportation program provides specialized transportation for residents of Novi age 55+ or those under 55 with a limiting disability to doctor appointments, shopping, special events, classes, programs, beauty salons, etc. Trips within the City of Novi and adjacent shopping destinations are free of charge. Trips outside of the City limits must be within 10 miles of the Novi Civic Center and are $5.00 per one-way trip. Transportation services are available 8:00 a.m. - 7:00 p.m. Monday through Friday and 9:00 a.m. - 3:00 p.m. on Saturday. Transportation services are not provided on holidays when the City offices are closed. Reservations are required at least 1 day in advance of the trip and are scheduled based on availability.12,214 14,982 $172,550.00 $62,149.00 $9,000.00 $243,699.00 7 TR23007 City of South Lyon The City of South Lyon contracts with People's Express for public transportation services for all residents of the City. Service is provided Monday through Friday from 9:00 a.m. - 5:00 p.m. Residents utilizing the service pay a $2.00 fare for each one-way trip within the service boundary or $2.50 per mile outside of the service boundary limits. Seniors 55 and older and residents with disabilities pay a discounted rate of $1.00 for each one-way trip or $1.25 per mile outside of the service boundary. Special trip locations are $4.00 per one-way trip. People’s Express charges the City of South Lyon a monthly fee of $7,256 to operate one vehicle. All fares paid by residents are retained by People’s Express. Reservations must be made at least 3 full business days in advance of a trip. Service boundaries are approximately South Lyon city limits. Special trips include shopping locations in New Hudson and Ascension Providence Hospital in Novi.3,300 3,500 $93,500.00 $10,991.00 $0.00 $104,491.00 8 TR23008 City of Wixom The City of Wixom contracts with People's Express for transportation services. This demand response transit service operates Monday through Friday from 9:00 a.m. to 5:00 p.m. Reservations must be made at least 3 full business days in advance of a trip. City of Wixom residents that are seniors 55 and older or residents with a disability have a discounted fare of $3.00 per one-way trip within service boundary or a $1.25 per mile outside the service boundary. General resident riders have a $6 fare per one-way trip within the service boundary or $2.50 per mile outside the service boundary. People’s Express charges the City of Wixom a fee of $28 per one-way trip. All fares paid by residents are retained by People’s Express. Service boundaries are approximately Commerce Rd to the north, 9 Mile Rd to the south, Drake Rd on the east, S Milford Rd on the west.1,794 2,775 $61,607.00 $16,093.00 $0.00 $77,700.00 $810,872.00 $40,543.00 $851,415.00 (1) (2) (3) (4) (5)5% Contingency is necessary to cover any unforeseen program reimbursement requests that may arise due to an increase in ridership that a CVT may experience for the remainder of 2023. Reimbursement Program Subtotal 5% Contingency (5) 2023 Interim Local Transportation Reimbursement Program Total Oakland County, Michigan Economic Development - 2023 Interim Local Transportation Reimbursement Program Schedule "B" DETAIL CVT - City , Village or Township Approved Reimbursement Amount - CVTs submitted applications and this amount represents the reimbursement amount for eligible program expenses. Municipal Credits - The Suburban Mobility Authority for Regional Transportation (SMART) contracts with cities, villages and townships annually to provide Municipal Credit funds, which are made available to it by the Michigan Legislature pursuant to Michigan Public Act 51 of 1951, for eligible transportation expenses. http://legislature.mi.gov/doc.aspx?mcl-Act-51-of-1951 Other Funding - This includes Community Development Block Grant Funding and other restricted transportation funding sources. Page 1 of 10 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER OAKLAND COUNTY 2023 INTERIM LOCAL TRANSPORTATION REIMBURSEMENT PROGRAM INTERLOCAL AGREEMENT This Interlocal Agreement ("Agreement") is between Oakland County ("County"), a Municipal and Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341, and [Enter Public Body Name] ("Public Body") [Enter Public Body Address]. County and Public Body may be referred to individually as a “Party” and jointly as "Parties". The purpose of this Agreement is to distribute limited Public Transportation Millage funds to assist the Public Body to maintain existing local transportation services in 2023 as outlined in Exhibit A of this agreement. The Parties agree to the terms and conditions set forth in this Agreement. Public Body: XXXX Application ID Number: XXXXX Purchasing / Fiscal: FND58800-CCN1090801-PRG172155-SC730373 Reimbursement Amount: XXXX Thousand Dollars ($XX,000.00) Start Date “Effective Date”: The date the last Party signs the Agreement End Date: February 29, 2024 By signing this Agreement, the below individuals certify they are authorized to sign this Agreement and the Parties will fulfill the terms of this Agreement. Public Body: ______________________________________ _________________________ NAME, TITLE Date MUNICIPALITY NAME Oakland County: ______________________________________ _________________________ David T. Woodward Date Chairman, Board of Commissioners Page 2 of 10 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER This Interlocal Agreement (the "Agreement") is between Oakland County, a Municipal and Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 ("County"), and [Enter Public Body Name] ("Public Body") [Enter Public Body Address]. County and Public Body may be referred to individually as a “Party” and jointly as "Parties". PURPOSE OF AGREEMENT. WHEREAS on November 8, 2022, the citizens of Oakland County approved the transit millage to be levied at a maximum rate of .95 mills for a period of 10 years beginning in 2022 that will generate $66,163,000 in the first year; and WHEREAS the County recognizes that all communities are not presently served by SMART, NOTA, WOTA, or OPC and need reliable and dependable public transportation services to access jobs, health care, community resources, educational institutions, and recreational opportunities; and WHEREAS Oakland County is committed to offering safe, affordable, and equitable transportation options for residents and visitors to improve quality of life, promote vibrant communities, and encourage economic vitality in local cities, villages and townships; and WHEREAS the Oakland County Board of Commissioners has established the 2023 Interim Local Transportation Reimbursement Program (the “Program”) authorizing a one-time appropriation of $851,415.00 to provide reimbursement funds to maintain existing public transportation services in Oakland County municipalities that meet the following criteria: i) are not served by a SMART fixed route, ii) do not receive Community Credits from SMART, and iii) are not currently served by NOTA, WOTA, or OPC; more specifically: Brandon, Clarkston, Groveland, Holly Twp, Village of Holly, Independence, Lake Angelus, City of Novi, Novi Twp, Ortonville, Rose, Springfield, Commerce, Lyon, Milford Twp, Village of Milford, South Lyon, Wixom and Wolverine Lake, Northville (portion); and WHEREAS the Program will assist eligible municipalities by offering Oakland County Public Transportation Millage funds as a reimbursement for qualified expenses that are under a current contract or currently budgeted for public transportation for services provided between January 1, 2023, through December 31, 2023 as further described in Exhibit B the Terms and Conditions up to the amount approved by the County for that Public Body’s application submittal as set forth in Exhibit A to this agreement; and WHEREAS County and Public Body enter into this Agreement pursuant to the Urban Page 3 of 10 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER Cooperation Act of 1967, 1967 Public Act 7, MCL 124.501 et seq., for the purpose of County distributing a portion of its Public Transportation Millage funds to the Public Body. NOW THEREFORE in consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the Parties agree to the following: 1.DEFINITIONS. The following words and expressions used throughout this Agreement, whether used in the singular or plural, shall be defined, read, and interpreted as follows: 1.1. Agreement means the terms and conditions of this Agreement and any other mutually agreed to written and executed modification, amendment, Exhibit and attachment. 1.2. Claims mean any alleged losses, claims, complaints, demands for relief or damages, lawsuits, causes of action, proceedings, judgments, deficiencies, liabilities, penalties, litigation, costs, and expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts paid in settlement, and/or other amounts or liabilities of any kind which are incurred by or asserted against County or Public Body, or for which County or Public Body may become legally and/or contractually obligated to pay or defend against, whether direct, indirect or consequential, whether based upon any alleged violation of the federal or the state constitution, any federal or state statute, rule, regulation, or any alleged violation of federal or state common law, whether any such claims are brought in law or equity, tort, contract, or otherwise, and/or whether commenced or threatened. 1.3. County means Oakland County, a Municipal and Constitutional Corporation, including, but not limited to, all of its departments, divisions, the County Board of Commissioners, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, volunteers, and/or any such persons’ successors. 1.4. Day means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m. 1.5. Public Body means the Public Body listed on page 1 of this agreement including, but not limited to, its council, its Board, its departments, its divisions, elected and appointed officials, directors, board members, council members, commissioners, authorities, committees, employees, agents, subcontractors, attorneys, volunteers, and/or any such persons’ successors. 1.6. Public Body Employee means any employees, officers, directors, members, managers, trustees, volunteers, attorneys, representatives of Public Body, licensees, Page 4 of 10 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER concessionaires, contractors, subcontractors, independent contractors, agents, and/or any such persons’ successors or predecessors (whether such persons act or acted in their personal, representative or official capacities), and/or any persons acting by, through, under, or in concert with any of the above who use or have access to the funds provided under this Agreement. "Public Body Employee" shall also include any person who was a Public Body Employee at any time during the term of this Agreement but, for any reason, is no longer employed, appointed, or elected in that capacity. 1.7. “Exhibits” to this Agreement, as referenced herein and as made a part of this Agreement shall be as follows: 1.7.1. Exhibit A, Program Award Summary 1.7.2. Exhibit B, Terms and Conditions 1.7.3. Exhibit C, Semi-Annual Transportation Request for Reimbursement Template 1.7.4. Exhibit D, Request for Reimbursement Form Template 2.Agreement Execution. Public Body is required to sign the Agreement and return it to the County within sixty (60) calendar days of the date the Agreement is issued to Public Body. If not, the County may cancel this Agreement and the monies allocated under this Agreement may be issued to another entity, in the County's sole discretion. This Agreement is not effective until both Parties sign the Agreement. The "Effective Date" shall be the date the last Party signs the Agreement. 3.Contact Information. This Agreement shall be administered on behalf of the County by the Department of Economic Development-Transit Division. All notices, Request for Reimbursement, documents, requests, actions, or other communications required between the County and Public Body shall be submitted to the contacts identified below. By written notice, the Parties may designate a different contact with correlating information. 3.1. Public Body Contact 3.1.1. Public Body: NAME 3.1.2. Name/Title: XXX/XXXX 3.1.3. Address: XXXXXXX 3.1.4. Telephone Number: XXXXX 3.1.5. E-Mail Address: XXXXXXXX 3.2. County Contact 3.2.1. Name/Title: Eli Cooper/Transit Division Manager 3.2.2. Address: 2100 Pontiac Lake Rd, Bldg 41W, Waterford, Ml 48328 3.2.3. Telephone Number: (248) 975-9876 3.2.4. E-Mail Address: cooperel@oakgov.com Page 5 of 10 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER 4.Program/Program Period. 4.1. Public Body shall provide local transportation services as set forth and described in Exhibit A within the Program Period. Exhibit A is hereby incorporated into this Agreement by reference. 4.2. As defined in this Agreement, "Program Period" means the period of time beginning on the Effective Date and ending on the End Date listed on page 1 of this Agreement. 4.3. Public Body shall only be reimbursed for eligible local transportation expenses for the period between January 1, 2023 to December 31, 2023. 4.4. Public Body shall complete required semi-annual Program Request for reimbursement within the Program Period. Requests to extend the Program Period must be made in writing a minimum of thirty (30) calendar days before the Program Period ends. The County may extend the Program Period, in its sole discretion, and the extension must be codified in an amendment to this Agreement. 5.Public Body Request for Reimbursement Requirements. 5.1. This is a reimbursement program. Public Body shall complete and submit a semi- annual Request for Reimbursement to the County describing in detail with supporting documentation, including, but not limited to, narratives, accounting of expenses, monthly transportation ridership counts, paid invoices to sufficiently evidence that the services were provided in accordance with the Program Policies, and any other relevant information or records, to be determined by the County. 5.2. Public Body shall submit to Oakland County a final Request for Reimbursement on or before the Program End Date with supporting documentation as requested by the County to sufficiently evidence that the Program was completed in accordance with the Program Terms and Conditions, the Public Body’s Application, and Exhibit A to this Agreement. 6.County Reimbursement. the County shall make payments of the Reimbursement Amount to Public Body as follows: 6.1. County shall pay Public Body the Reimbursement Amount listed on page 1 of this Agreement, in accordance with Exhibit A. 6.2. To be eligible for payment, Public Body must complete and submit Request for Reimbursement to the County on form(s) provided by the County and have satisfied all reporting requirements due, prior to the date of the payment request. Reimbursement requests are limited to the following: 6.2.1. Mid-Year request for qualified expenditures for transportation services provided between January 1, 2023 and June 30, 2023. 6.2.2. Final request for qualified expenditures for transportation services provided between July 1, 2023 through December 31, 2023. Page 6 of 10 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER 6.3. Public Body shall submit documentation of all costs incurred, including the value of 2023 Municipal Credits from Suburban Mobility Authority for Regional Transportation (SMART). Documentation of expenditures must meet requirements as specified in Exhibit B. 6.4. County reserves the right to request additional information necessary to substantiate payments. 6.5. Public Body must be a registered vendor with the County of Oakland to receive payments. Registration can be accomplished by completing the vendor registration through the Oakland County Vendor Registration link on the County website. All reimbursement funds will be paid by ACH or Check. 6.6. The County shall not pay any portion of the Reimbursement Amount to a contractor or subcontractors. Reimbursement Amount shall only be paid to the Public Body. 6.7. Final payment of the Reimbursement Amount will be released upon the County’s approval of the Public Body's Final Request for Reimbursement and satisfactory Program completion as determined by the County, in its sole discretion. 6.8. A determination of Program completion, which may include an audit, shall be made by the County after Public Body has satisfactorily provided the local transportation services and deliverables as described in Exhibit A. 6.9. Upon issuance of final payment from the County, Public Body releases the County of all claims against the County arising under this Agreement. Unless otherwise provided in this Agreement or by State law, final payment under this Agreement shall not constitute a waiver of the County's claims against Public Body. 7.Public Body Assurances/Responsibilities. 7.1. Public Body affirms that any and all representations made to County in connection with the Program were accurate, truthful and complete and remain so. Public Body acknowledges that all representations and information provided have been relied upon by the County to provide funding under this Agreement. Public Body shall promptly notify County, in writing, of the occurrence of any event or any material change in circumstances which would make any Public Body representation or information untrue or incorrect or otherwise impair Public Body’s ability to fulfill its obligations under this Agreement. 7.2. Public Body shall comply with all applicable local, county, state, and federal laws, rules, ordinances, and regulations in the performance of this Agreement. 7.3. Public Body shall comply with the Oakland County 2023 Interim Local Transportation Reimbursement Program Terms and Conditions as described in Exhibit B. 7.4. Public Body and/or contractor or subcontractors shall obtain all necessary licenses and insurance to provide local public transportation services. This Agreement shall not be construed to obligate the County or any other governmental entity to issue Page 7 of 10 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER required documentation for the local transportation services. Public Body shall solely determine what licenses, insurance and registration are required for the Program, secure the needed documentation, and remain in compliance with such documents. Public Body shall retain a copy of all licenses, insurance and registration and make them available to the County upon request. 7.5. Public Body shall not discriminate against an employee or an applicant for employment in hiring, any terms and conditions of employment or matters related to employment regardless of race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, genetic information, height, weight, disability, veteran status, familial status, marital status or any other reason, that is unrelated to the person's ability to perform the duties of a particular job or position, in accordance with applicable federal and state laws. Public Body further agrees that any subcontract shall contain non-discrimination provisions, which are not less stringent than this provision and binding upon any and all subcontractors. A breach of this covenant shall be regarded as a material breach of this Agreement. 7.6. Public Body shall require that no individual be denied access to the Program services on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, genetic information, height, weight, disability, veteran status, familial status, or marital status. 7.7. The County reserves the right to deny the use of any consultant, contractor, associate, or other personnel to perform any portion of the Program services. 7.8. Public Body is solely responsible for all services performed under this Agreement. Public Body shall be the sole point of contact regarding contractual matters for the Program, including payment of any and all charges resulting from the Program. 7.9. Public Body shall require all contractors and subcontractors constructing or performing the Program services to comply with this Agreement. 7.10. Public Body shall ensure all contractors and subcontractors performing the Program services are qualified to perform such work. 7.11. Public Body shall be solely responsible for the operation of the Program subject to this Agreement. 7.12. All records related to the Program must be maintained for a minimum of seven (7) years after the final payment has been issued to the Public Body by the County. 8.Liability. 8.1. The County is not liable or required to operate, maintain, or contribute to the operation of the Program and any associated Program services. 8.2. Public Body shall defend any Claim brought against either Party that involves the Program or associated Program services or that involves title, ownership, or other specific rights of real property controlled by Public Body and relates to the Program. Page 8 of 10 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER 8.3. Public Body is responsible for all Claims arising under or in any manner related to the Agreement, the activities authorized by the Agreement, or the use and occupancy of the Program. 8.4. As used in this Agreement, "Claims" mean any alleged losses, claims, complaints, demands for relief or damages, lawsuits, causes of action, proceedings, judgments, deficiencies, liabilities, penalties, litigation, costs, and expenses, including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts paid in settlement, and/or other amounts or liabilities of any kind which are incurred by or asserted against a Party, or for which a Party may become legally and/or contractually obligated to pay or defend against, whether direct, indirect or consequential, whether based upon any alleged violation of the federal or the state constitution, any federal or state statute, rule, regulation, or any alleged violation of federal or state common law, whether commenced or threatened. 8.5. Performance of this Agreement is a governmental function. 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. 9.Insurance. The Public Body shall acquire and maintain insurance or a program of self- insurance, which Public Body deems necessary, to protect it from liability related to services and/or operation of the Program. In addition, the Public Body shall name the County as an additional insured on any commercial general liability insurance policy acquired by the Public Body. The County shall not obtain any insurance or provide any self-insurance for services and/or operation of the Program. 10. Audit and Access to Records. The County reserves the right to conduct programmatic and financial audits of the Program and may withhold payment until the audit is satisfactorily completed. Public Body shall maintain all pertinent records and evidence pertaining to this Agreement in accordance with generally accepted accounting principles and other procedures specified by the County. The County or any of its duly authorized representatives must have access, upon reasonable notice, to such books, records, documents, and other evidence for the purpose of inspection, audit, and copying. Public Body shall provide proper facilities for such access and inspection. All records must be maintained for a minimum of seven (7) years after the final payment has been issued to Public Body by the County. 11.Assignability. Public Body shall not assign or transfer any interest in this Agreement without prior written authorization of the County Transit Manager. 12.Authorization to Publicize. The Public Body hereby authorizes and permits and grants a Page 9 of 10 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER non-exclusive, irrevocable license to the County, without further notice and action required by the Public Body or the County, to use photographs, logos, published/printed information, and any other materials submitted in the Program Application and/or Semi- Annual Request for Reimbursement to promote or otherwise publicize the County, the Program, the Project and/or the Community in any manner or form, including, but not limited to, in social media, press releases, advertisements, and/or publications of any nature. 13. No Guaranty of Participation. The Public Body acknowledges, understands, and agrees (i) the funding provided by the County through the Program is meant to reimburse expenses for existing contracted public transportation services in the Community; (ii) the Program is expressly established as a one year program, there is no guarantee that the Program will be continued from year to year and the County expects that most reimbursements funded under the Program will be completed within sixty (60) calendar days of the end of calendar year 2023; and (iii) there is no obligation on behalf of the County to either fund the Program or continue the Program in the future. 14. Changes. Any changes to this Agreement requested by Public Body shall be made in writing and sent to the County contact listed in Section 3 of this agreement. The County may approve or deny such change, in its sole discretion. Changes requiring an amendment to this Agreement will be executed by the County and Public Body in the same manner as this Agreement. 15.Termination. 15.1. Failure by Public Body to comply with any provision of this Agreement shall be a material breach of this Agreement. Upon breach of the Agreement by Public Body, the County may, in addition to any other remedy provided by law: 15.1.1. Terminate this Agreement; 15.1.2. Withhold and/or cancel future payments to Public Body on any or all current projects under the Program until the violation is resolved to the satisfaction of the County; 15.1.3. Withhold action on all pending and future Program applications submitted by Public Body under the Program; 15.1.4. Require repayment of reimbursement funds already paid to Public Body under this Program; and/or 15.1.5. Require specific performance of the Agreement. 15.2. This Agreement may be terminated by the County, upon thirty (30) calendar days written notice, due to budgetary reduction, other lack of funding, or upon request by Public Body. The County may honor requests for just and equitable compensation to Public Body for all satisfactory and eligible services completed under this Agreement Page 10 of 10 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER up and until the date of Agreement termination. 15.3. Upon the date of termination, all outstanding Request for Reimbursements and documents are due to the County and after the termination date the County will no longer be liable to pay or reimburse Public Body any outstanding Reimbursement Amounts. Page 1 of 1 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER EXHIBIT A 2023 INTERIM LOCAL TRANSPORTATION REIMBURSEMENT PROGRAM PROGRAM AWARD SUMMARY Project Number: Public Body: Transportation Service Provider: Overall Program Description (Provide a descriptive narrative): Service Area (Provide geographic boundaries): Eligible User Groups (Users eligible to use the service): Fare Structure (Cost to use service): PROGRAM BUDGET SUMMARY 2023 Eligible Transportation Expenses: $ ____________ 2023 Municipal Credits from SMART: $____________ 2023 Other Funding Sources (if applicable): $____________ Total 2023 Local Transportation Reimbursement Amount: $____________ LOCAL TRANSPORTATION SERVICES SHALL BE PROVIDED BETWEEN JANUARY 1, 2023 and December 31, 2023. Page 1 of 3 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER EXHIBIT B 2023 INTERIM LOCAL TRANSPORTATION REIMBURSEMENT PROGRAM TERMS AND CONDITIONS 1.Statement of Purpose. A reimbursement program for local governments meeting eligibility requirements that provide local transportation to residents in Oakland County for services provided between January 1, 2023 through December 31, 2023. Limited reimbursement funds will be distributed by the County for costs expended among qualifying Oakland County Communities with approved Program Applications for eligible transportation services. 2.Program Summary. The Oakland County Board of Commissioners established the 2023 Interim Local Transportation Reimbursement Program and authorized a one-time appropriation of $851,415.00 to provide reimbursement funds to maintain existing public transportation services in qualifying Oakland County municipalities. 3.Program Guidelines. 3.1. Program Funding 3.1.1. Shall be utilized to reimburse eligible cities, villages and townships that provide local transportation services to residents 3.1.2. Shall not be utilized for Program administration expenses. 3.1.3. Public Body shall submit a completed online Program Application to Oakland County on or before June 2, 2023 at 4:00 p.m. and include the following: •Local transportation budget approved by the local government on or before December 31, 2022 •If applicable, the 3rd party contract approved by the local government on or before December 31, 2022 3.1.4. Shall be utilized to reimburse Public Body for local transportation services provided between January 1, 2023 and December 31, 2023 3.1.5. Public Body shall have an existing contract executed with a transportation provider on or before December 31, 2022 or Public Body shall provide local transportation services that were in a municipal budget approved on or before December 31, 2022. 3.1.6. If the fiscal year of an eligible community is not based on the calendar year, then any transportation services and/or budget not approved prior to December 31, 2022 must be provided to the County for approval prior to executing an Interlocal Agreement 3.1.7. State funding, pursuant to Michigan Public Act 51 of 1951, is made available to SMART, which passes funds on to local communities in the form of Municipal Page 2 of 3 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER Credit funds. Oakland County 2023 Interim Local Transportation Reimbursement Program funds shall be used to supplement the Municipal Credits received from SMART for eligible public transportation expenses. 3.1.8. If applicable, other funding sources used in the Public Body’s transportation program including, but not limited to: Community Development Block Grant (CDBG), 5310- Enhanced Mobility of Seniors & Individuals with Disabilities Program, or Local Bus Operating Assistance Program, shall be factored into the distribution formula of available reimbursement funds. 3.1.9. The distribution formula of available reimbursement funds to the Public Body shall be based upon the following factors: Municipal Credits that the Public Body receives from SMART and the current municipal approved FY 2023 budgeted amount for public transportation services. 3.1.10. The Public Body will be required to contract directly with a local transportation provider or provide services directly and pay all invoices in full. 3.1.11. Submission of a Mid-Year online Request for Reimbursement with documentation to be received by the County on or before August 30, 2023, in order for the Public Body to be reimbursed for the first payment. 3.1.12. Submission of a Final online Request for Reimbursement with documentation to be received by the County on or before the Program End Date, in order for the Public Body to be reimbursed for the final payment. 3.1.13. The County shall reimburse the local Public Body for “Eligible Expenses” (Sec. 3.4) up to the amount approved by the County for that Public Body’s application submittal. In the event that the final, actual cost of maintaining existing public transportation services by that Public Body exceeds the amount approved in its application to the County, the Public Body may petition the County Transit Division Manager for payment of such excess expenditures. The petition by the Public Body for payment of excess expenditures shall contain all necessary information justifying payment of excess expenditures as eligible expenses. The Transit Division Manager shall review such petition on a case by case basis, and may, in his/her sole discretion, approve payment of some or all of the Public Body’s requested excess expenses. 3.2. Local Elected Governing Body Resolution of Approval. Each Program Application shall be accompanied by a certified copy of a resolution of the Public Body’s elected governing body (city council, village council, township board) approving the Public Body’s participation in the Program, authorizing application for the Program, designating the person authorized to sign on the Public Body’s behalf, and certifying the Community’s commitment to complying with the Program’s requirements. 3.3. Eligibility Requirements. If a community seeks funding for local transportation reimbursement, the community must meet the following criteria: 3.3.1. Must be a city, village or township in Oakland County 3.3.2. Not served by a SMART fixed route 3.3.3. Does not receive Community Credits* from SMART *Community Credits are funded by local property tax revenue that SMART provides to agencies across what was formerly known as “opt-in” areas. The Community Credits Program (CPP) directly supports specific purchased services that communities use to increase level of SMART service in their area. Page 3 of 3 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER 3.3.4. Not currently served by NOTA, WOTA or OPC 3.3.5. Must have a current contract or transportation services are currently budgeted in 2023 3.3.6. Services shall be provided between January 1, 2023 – December 31, 2023 3.4. Eligible Expenses. If a community seeks funding for local transportation reimbursement, the County’s reimbursement funds will only cover costs directly related to transportation services, which may include, but is not limited to: 3.4.1. Operator/Driver Wages 3.4.2. Transit Vehicle Fuel 3.4.3. Transit Vehicle Insurance 3.4.4. Local Transportation Fares 4.Administration. 4.1. The Oakland County Department of Economic Development shall administer the Program, including reviewing and approving online applications for Program reimbursement. 5.Disbursement. 5.1. The County shall send the Interlocal Agreement to the authorized community official after the application has been reviewed and approved by Oakland County. 5.2. Minimally, each Application shall include: the Public Body’s responsibility for administering the Program, service area description, cost per ride, estimated ridership, and other supporting Program details and documents as requested by the County. 5.3. The Oakland County Fiscal Services Division reserves the right to audit all Project expenditures reimbursed through the Program. 5.4. The Public Body shall submit a final online Request for Reimbursement and documentation in accordance with the Program terms and conditions. 5.5. After final approval by the Oakland County Department of Economic Development, the Oakland County Department of Management and Budget Fiscal Services Division shall process payments in accordance with its policies and procedures. Page 1 of 1 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER EXHIBIT C 2023 INTERIM LOCAL TRANSPORTATION REIMBURSEMENT PROGRAM SEMI-ANNUAL TRANSPORTATION REQUEST FOR REIMBURSEMENT TEMPLATE Page 1 of 1 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER EXHIBIT D 2023 INTERIM LOCAL TRANSPORTATION REIMBURSEMENT PROGRAM REQUEST FOR REIMBURSEMENT FORM TEMPLATE Reimbursement Request #: Date Submitted: Project Number: Amount Requested for Reimbursement: Project Status Summary (up to 500 words): Additional information required to be attached as appropriate: •Copies of invoices (not purchase orders or statements) •Copies of canceled checks and/or screen shots of ACH payments made to Service Provider •Copies of credit card receipts for any credit card transactions FOR COUNTY USE ONLY Review and Approval: ____________________ Submitted to Fiscal for Approval and Payment: ____________________ Payment Complete/Closeout: ____________________ 1 2023 Transit Service Areas SMART Suburban Mobility Authority for Regional Transportation NOTA North Oakland Transit Authority WOTA Western Oakland Transit Authority OPC Older Persons’ Commission 2 Transit Reimbursement Program Ø Reimburse for current contract or currently budgeted public transportation services provided between January 1, 2023, through December 31, 2023 Ø Must be a city, village or township in Oakland County Ø Not served by a SMART fixed route Ø Does not receive Community Credits from SMART Ø Not currently served by NOTA, WOTA or OPC Ø Under a current contract or currently budgeted in FY2023 Ø Submit semi-annual reimbursement requests (August 2023; February 2024) with performance reports detailing the ridership, services provided and expenditures 3 SMART Municipal Credits Ø State funding, pursuant to Michigan Public Act 51 of 1951, is made available to SMART which passes funds on to local communities in the form of Municipal Credit funds. Ø Oakland County Reimbursement Funds shall be used to supplement the Municipal Credits received from SMART for eligible public transportation expenses. Ø Other Funds such as Community Development Block Grant 4 Eligible Communities 1.Independence 2.Clarkston [Indep] 3.Springfield [Indep] 4.Brandon 5.Ortonville [Brandon] 6.Groveland [Holly/Brandon] 7.Holly Twp [Holly] 8.Village of Holly 9.Rose [Holly] 10.City of Novi 11.Commerce [PEX] 12.Wolverine Lake [PEX] 13.Lyon [PEX] 14.Milford Twp [PEX] 15.Village of Milford [PEX] 16.South Lyon [PEX] 17.Wixom [PEX] 18.Northville (portion) [NorTwp] 19.Lake Angelus [WOTA 6/1] 20.Novi Twp 5 Reimbursement Program Ø 20 Reimbursement Program eligible communities Ø 8 Applications Received Ø Reimbursement Request from Applications: $810,872.00 Ø $500,000 appropriated in February 2023 Ø With 5% contingency, total Program appropriation $851,415 6 Reimbursement Program CVT Approved Reimbursement Amount Municipal Credit Amount Other Funding Total Program Amount Rides in 2022 (actual) Rides in 2023 (projected) Brandon Township $47,533.00 $17,167.00 $0.00 $64,700.00 1,650 1,700 Commerce Township $140,000.00 $40,299.00 $0.00 $180,299.00 4,810 6,734 Independence Township $161,502.00 $48,963.00 $67,393.00 $277,858.00 9,100 10,400 Lyon Township $30,240.00 $21,784.00 $0.00 $52,024.00 1,689 1,858 Milford Township $103,940.00 $15,988.00 $0.00 $119,928.00 3,135 3,400 City of Novi $172,550.00 $62,149.00 $9,000.00 $243,699.00 12,214 14,982 City of South Lyon $93,500.00 $10,991.00 $0.00 $104,491.00 3,300 3,500 City of Wixom $61,607.00 $16,093.00 $0.00 $77,700.00 1,794 2,775 Total $ 810,872.00 $233,434.00 $ 76,393.00 $ 1,120,699.00 37,692 45,349 7 Oakgov.com/OaklandTransit Eli Cooper, AICP Oakland County Transit Division Manager Phone:  (248) 975-9876  Email: cooperel@oakgov.com