HomeMy WebLinkAboutResolutions - 2023.08.03 - 40460
AGENDA ITEM: Municipal Credits for Local Public Transportation Services
DEPARTMENT: Economic Development - Oakland County Transit Division
MEETING: Board of Commissioners
DATE: Thursday, August 3, 2023 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-3161 _ 23-131
Motion to adopt the attached suggested resolution.
ITEM CATEGORY SPONSORED BY
Interlocal Agreement Yolanda Smith Charles
INTRODUCTION AND BACKGROUND
Voters in Oakland County passed the Oakland County Public Transportation Millage in 2022 to be
levied at a maximum rate of .95 mills (95 cents per $1,000 in taxable value) for a period of 10 years
extending through 2031 which replaces the local Oakland County Public Transportation Authority
millage. The millage funds will be disbursed to support current public transportation services in
Oakland County, to create and extend new routes to connect local communities, increase hours of
operation and frequency of service, to fund related capital improvements, and improve transit
opportunities for transportation disadvantaged individuals.
The Suburban Mobility Authority for Regional Transportation (SMART) contracts with local cities,
villages, and townships (CVTs) and provides reimbursement funds in the form of Municipal Credits
for eligible public transportation expenses. Municipal Credits are made available to SMART by the
Michigan Legislature pursuant to Michigan Public Act 51 of 1951. Municipal Credits are restricted to
local transportation services.
Oakland County is contracting directly with People’s Express Inc. (PEX) to provide enhanced public
transportation services in southwest Oakland County in the communities of Village of Milford, Milford
Township, Commerce Township, Village of Wolverine Lake, City of Wixom, Lyon Township, and
City of South Lyon.
This is a request for the approval of the interlocal agreement for Municipal Credits between Oakland
County and each of the CVTs listed above. This interlocal agreement, as prepared by Corporation
Counsel, will ensure that each CVT will direct SMART to transfer its Municipal Credits in whole for
transportation services provided by People’s Express Inc. in each CVT. Municipal Credits will help
defray a portion of the payment by Oakland County to People’s Express Inc. for those services.
POLICY ANALYSIS
This is a request for the approval of the Interlocal Agreement between Oakland County (OC) and
the cities, villages, and townships (CVTs) of OC for Municipal Credits received from Suburban
Mobility Authority for Regional Transportation (SMART). The County and the CVT will enter into this
Agreement pursuant to the Urban Cooperation Act of 1967, 1967 Public Act 7, MCL 124.501 et
seq., for the purpose of the County to distribute a portion of its Public Transportation Millage funds
to provide public transportation services for residents of the CVTs. SMART contracts with the CVTs
and provides reimbursement funds in the form of Municipal Credits for eligible public transportation
expenses. Municipal Credits are made available to SMART by the Michigan Legislature pursuant
to Michigan Public Act 51 of 1951. Municipal Credits are restricted to local transportation services.
The Interlocal Agreements are for a one-year period.
It is proposed (in previous agenda item 8.c.) that the County contract directly with People’s Express
Inc. (PEX) to provide enhanced public transportation services in southwest Oakland County in the
communities of Village of Milford, Milford Township, Commerce Township, Village of Wolverine
Lake, City of Wixom, Lyon Township, and City of South Lyon. Each CVT in southwest Oakland
County serviced by PEX intends to transfer its Municipal Credits in whole to People’s Express Inc.
to be directed toward provision of transportation services for that CVT to help defray a portion of the
payment by Oakland County to People’s Express Inc. for services provided by PEX.
Corporation Counsel has prepared and approved the Interlocal Agreement. The Department of
Economic Development will serve as the administrator of the Agreements. On final approval, the
Board Chair is authorized to execute the Interlocal Agreements with the CVTs on behalf of the
County. A budget amendment is not required.
BUDGET AMENDMENT REQUIRED: No
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
Eli Cooper, Manager Transit
ITEM REVIEW TRACKING
Aaron Snover, Board of Commissioners Created/Initiated - 8/8/2023
David Woodward, Board of Commissioners Approved - 8/8/2023
David Coulter, Executive's Office Approved - 8/8/2023
Lisa Brown, Clerk/Register of Deeds Final Approval - 8/8/2023
AGENDA DEADLINE: 08/14/2023 7:14 PM
ATTACHMENTS
1. CVT Municipal Credit Interlocal Agreement 7.12.23
2. AttachmentAMunicipalCreditDetail 7.12.23
COMMITTEE TRACKING
2023-07-26 Economic Development & Infrastructure - Recommend to Board
2023-08-03 Full Board - Adopt
Motioned by: Commissioner Ajay Raman
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, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay
Raman (17)
No: None (0)
Abstain: None (0)
Absent: Gary McGillivray (1)
Passed
August 3, 2023
RESOLUTION #2023-3161 _ 23-131
Sponsored By: Yolanda Smith Charles
Economic Development - Oakland County Transit Division - Municipal Credits for Local Public
Transportation Services
Chair and Members of the Board:
WHEREAS Oakland County is proposing to contract directly with People’s Express Inc. (PEX) to
provide enhanced public transportation services in southwest Oakland County in the communities of
Village of Milford, Milford Township, Commerce Township, Village of Wolverine Lake, City of Wixom,
Lyon Township, and City of South Lyon; and
WHEREAS the Suburban Mobility Authority for Regional Transportation (SMART) contracts with
cities, villages, and townships to provide Municipal Credit reimbursement funds for eligible
transportation expenses, which are made available to it by the Michigan Legislature pursuant to
Michigan Public Act 51 of 1951.
WHEREAS it is Oakland County’s understanding that each city, village, and township (CVT/Public
Body) in southwest Oakland County serviced by PEX intends to transfer its Municipal Credits in whole
to People’s Express Inc. to be directed toward the provision of transportation services for the CVT to
defray a portion of the payment from Oakland County to People’s Express Inc. for services provided
by PEX.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
approves the Interlocal Agreement between Oakland County and the cities, villages and townships
(CVTs/Public Body) for Municipal Credits.
BE IT FURTHER RESOLVED that the Oakland County Department of Economic Development shall
serve as the administrator for the Interlocal Agreements.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the
Board Chair to execute the Interlocal Agreements on behalf of Oakland County.
BE IT FURTHER RESOLVED that a budget amendment is not required.
Chair, the following Commissioners are sponsoring the foregoing Resolution: Yolanda Smith
Charles.
Date: August 08, 2023
David Woodward, Commissioner
Date: August 08, 2023
David Coulter, Oakland County Executive
Date: August 08, 2023
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2023-07-26 Economic Development & Infrastructure - Recommend to Board
2023-08-03 Full Board - Adopt
Motioned by Commissioner Ajay Raman seconded by Commissioner Angela Powell to adopt the
attached Interlocal Agreement: Municipal Credits for Local Public Transportation Services.
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, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay
Raman (17)
No: None (0)
Abstain: None (0)
Absent: Gary McGillivray (1)
Passed
ATTACHMENTS
1. CVT Municipal Credit Interlocal Agreement 7.12.23
2. AttachmentAMunicipalCreditDetail 7.12.23
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
August 3, 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, August 3, 2023.
Lisa Brown, Oakland County Clerk / Register of Deeds
Page 1 of 4
INTERLOCAL AGREEMENT
OAKLAND COUNTY EXECUTIVE, DAVID COULTER
MUNICIPAL CREDIT AGREEMENT BETWEEN
OAKLAND COUNTY, MI AND
ENTER PUBLIC BODY NAME
This Municipal Credit Agreement ("Agreement") is between Oakland County ("County"), a
Municipal and Cons�tu�onal Corpora�on, 1200 North Telegraph Road, Pon�ac, 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 "Par�es".
PURPOSE OF AGREEMENT.
WHEREAS voters passed the Oakland County Public Transportation Millage in 2022 to be
levied at a maximum rate of .95 mills (95 cents per $1,000 in taxable value) for a period of 10 years
extending through 2031 which replaces the local Oakland County Public Transportation Authority
millage; and
WHEREAS an estimated $66,163,000 will be collected in Fiscal Year 2023 that has been
allocated towards supporting and expanding countywide public transportation services; and
WHEREAS millage funds will be disbursed to support current public transportation services
in Oakland County, to create and extend new routes to connect local communities, increase hours
of operation and frequency of service, to fund related capital improvements, and improve transit
opportunities for transportation disadvantaged individuals; and
WHEREAS Oakland County is contracting directly with People’s Express Inc. to provide
enhanced public transportation services in southwest Oakland County in the communities of
Village of Milford, Milford Township, Commerce Township, Village of Wolverine Lake, City of
Wixom, Lyon Township, and City of South Lyon; and
Page 2 of 4
INTERLOCAL AGREEMENT
OAKLAND COUNTY EXECUTIVE, DAVID COULTER
WHEREAS the Suburban Mobility Authority for Regional Transportation (SMART) contracts
with cities, villages and townships to provide Municipal Credit funds for eligible transportation
expenses, which are made available to it by the Michigan Legislature pursuant to Michigan Public
Act 51 of 1951.
WHEREAS pursuant to Exhibit B of the Agreement with People’s Express Inc., it is the
understanding and intent that each Public Body serviced by People’s Express Inc. will elect to
transfer its Municipal Credits in whole to People’s Express Inc. to be directed toward provision of
transportation services to that Public Body and to help defray a portion of the payment by Oakland
County to People’s Express Inc. for those services.
WHEREAS County and Public Body enter into this Agreement pursuant to the Urban
Coopera�on Act of 1967, 1967 Public Act 7, MCL 124.501 et seq., for the purpose of County
distribu�ng a por�on of its Public Transporta�on Millage funds to provide public transporta�on
services for residents of the Public Body.
NOW THEREFORE in light of the mutual promises, obliga�ons, representa�ons, and other
valuable considera�on, the sufficiency of which is hereby acknowledged, the Par�es agree to the
following:
1. Public Body Assurances/Responsibilities.
1.1. Public Body shall dedicate all available Municipal Credit funds as identified on the
“SMART Municipal Credit and Community Credit Contract” as “Services Purchased
from Subcontractor” and name “People’s Express Inc.” as the Subcontractor for each
year of the life of the People’s Express contract with Oakland County. Oakland
County shall have the authority to seek enforcement of this agreement in
accordance with all remedies provided by law.
Page 3 of 4
INTERLOCAL AGREEMENT
OAKLAND COUNTY EXECUTIVE, DAVID COULTER
2. Notice.
2.1. All notices required under this contract shall be in writing. Notices shall be effective:
a) the next business day, if personally delivered; b) the third business day, if sent by
U.S. mail, postage prepaid, return receipt requested; c) the next business day, if sent
by a nationally recognized express courier with a reliable tracking system; or d) the
next business day with a written response or receipt of confirmation, if sent by e-
mail or fax. In each case Notice shall be sent to:
For Public Body:
XXX
For Oakland County:
Eli Cooper
Transit Division Manager
2100 Pontiac Lake Rd, Bldg. 41W
Waterford, MI 48328
With a copy sent to:
Solon Phillips
Corporation Counsel
1200 N. Telegraph Rd, Bldg. 14E
Pontiac, MI 48341
Page 4 of 4
INTERLOCAL AGREEMENT
OAKLAND COUNTY EXECUTIVE, DAVID COULTER
Authoriza�on and Comple�on of Agreement. The Par�es have taken all ac�ons and secured all
approvals and authoriza�ons necessary to execute this Agreement. The persons signing this
Agreement on behalf of each Party represent that they have legal authority to sign this Agreement
and bind the Par�es to the terms and condi�ons contained herein.
IN WITNESS WHEREOF, NAME, TITLE, PUBLIC BODY, hereby acknowledges that he/she has been
authorized by a resolu�on of the PUBLIC BODY, a cer�fied copy of which is atached, to execute
this Agreement on behalf of Public Body and hereby accepts and binds Public Body to the terms
and condi�ons of this Agreement.
EXECUTED: ____________________________________ DATE: _______________
NAME, TITLE
PUBLIC BODY
WITNESSED: ___________________________________ DATE: _______________
PUBLIC BODY
IN WITNESS WHEREOF, David T. Woodward, Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolu�on of the
Oakland County Board of Commissioners to execute this Agreement on behalf of Oakland
County, and hereby accepts and binds Oakland County to the terms and condi�ons of this
Agreement.
EXECUTED: ____________________________________ DATE: _______________
David T. Woodward, Chairperson
Oakland County Board of Commissioners
WITNESSED: ___________________________________ DATE: _______________
Oakland County Board of Commissioners
County of Oakland
CVT
(1)Municipal Credits (2)
1 Commerce Township $36,043.50
2 Lyon Township $21,784.00
3 Milford Township $9,889.00
4 City of South Lyon $10,991.00
5 City of Wixom $16,093.00
6 Village of Milford $6,099.00
7 Village of Wolverine Lake $4,256.00
$105,155.50
(1)
(2)
Attachment A
Oakland County, Michigan
Economic Development - Southwest Oakland County CVTs
Municipal Credit DETAIL
CVT - City , Village or Township
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
Municipal Credit Total