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HomeMy WebLinkAboutResolutions - 2023.11.16 - 40698 AGENDA ITEM: 2023 No-Cost Amendment to WOTA Public Transportation Agreement DEPARTMENT: Economic Development - Oakland County Transit Division MEETING: Board of Commissioners DATE: Thursday, November 16, 2023 9:30 AM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2023-3523 _ 23-151 Motion to adopt the attached suggested resolution. ITEM CATEGORY SPONSORED BY Amendment Brendan Johnson INTRODUCTION AND BACKGROUND After voters approved the Oakland County Transit Millage in 2022, the County entered into agreements with five public transportation service providers. Those Public Transportation Agreements expire on December 31, 2025, per Article 18.8. The Agreements contain Exhibit A- Scope of Services to be provided and Exhibit B- Budget which describes the payment terms to be rendered for those services, respectively. Exhibit B states that "except as extended, modified or amended...the Terms of Payment...shall expire on December 31, 2023." The scope of services and payment terms may be amended from time to time since it was anticipated that the County would work collaboratively with the providers to effectuate the expansion of transportation services throughout the term of the Agreement, as expressed in subsection 2.2, and consequently it was anticipated that amendments to the Agreements would be implemented to effectuate agreed upon changes in services. The Western Oakland Transportation Authority (WOTA) has been working diligently with local communities to expand their service area and has made a formal request for a "no cost" amendment to the Agreement. Throughout the course of 2023, WOTA has expanded service for qualifying residents of Groveland, Holly, and Rose townships, the cities of Keego Harbor, Lake Angelus, Orchard Lake and Sylvan Lake, and the Village of Holly. WOTA’s expanded service area is shown on the map in the amended Exhibit A. The no-cost amendment includes adjustments to the budget as presented in the amended Exhibit B totaling $560,000 and proposes to reallocate: • $400,000 from “Salaries and Benefits” • $160,000 from “Operating Expenses” and “Program Costs” to • “Capital Costs – Vehicles” in the amount of $444,000 to support purchase of additional vehicles • “Insurance Expenses” in the amount of $116,000 The Transit Division Staff have reviewed the proposed adjustments with WOTA staff to discuss the process of this amendment request for the reallocation of revenue for vehicle acquisition and insurance expenses. Any amendments to the Agreement must be in writing per Article 14.1. Therefore, Corporation Counsel has recommended that staff present a "no cost " amendment in support of WOTA’s request. This item includes a Miscellaneous Resolution and proposed amended Exhibit A and Exhibit B for consideration and approval. POLICY ANALYSIS This document is Draft Amendment 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 - 11/16/2023 David Woodward, Board of Commissioners Approved - 11/16/2023 Hilarie Chambers, Executive's Office Approved - 11/17/2023 Lisa Brown, Clerk/Register of Deeds Final Approval - 11/17/2023 AGENDA DEADLINE: 11/16/2023 9:30 AM ATTACHMENTS 1. WOTA Transit Contract Amendment_101923 2. WOTA ExhibitA 2.1.23_Oct Amendment 3. WOTA ExhibitB 2.1.23_Oct Amendment v1 COMMITTEE TRACKING 2023-10-16 Transit Ad Hoc - Refer to Economic Development & Infrastructure 2023-11-08 Economic Development & Infrastructure - Recommend to Board 2023-11-16 Full Board - Adopt Motioned by: Commissioner Yolanda Smith Charles Seconded by: Commissioner Philip Weipert 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, William Miller III, Yolanda Smith Charles, Brendan Johnson, Ajay Raman (17) No: None (0) Abstain: None (0) Absent: Charles Cavell (1) Passed November 16, 2023 RESOLUTION #2023-3523 _ 23-151 Sponsored By: Brendan Johnson Economic Development - Oakland County Transit Division - 2023 No-Cost Amendment to WOTA Public Transportation Agreement Chair and Members of the Board: WHEREAS after voters approved the Oakland County Transit Millage in 2022, the County entered into agreements with five public transportation service providers; and WHEREAS the Public Transportation Agreements contain Exhibit A: Scope of Transportation Services and Exhibit B: Budget which may be amended from time to time; and WHEREAS the Western Oakland Transportation Authority (WOTA) requested a no-cost amendment to Exhibit A to expand their service area and Exhibit B to increase their transit fleet size by reallocating existing budget funds; and WHEREAS the Western Oakland Transportation Authority will reallocate a total of $560,000 in existing budgeted funds from wages, benefits, diesel fuel/oil, building rent, advertising and software to vehicles and insurance. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves the no-cost amendment to the attached amended Exhibit A and Exhibit B from the Public Transit Agreement between WOTA and Oakland County. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Chairperson of the Board to execute the Amendment of Agreement on behalf of Oakland County. BE IT FURTHER RESOLVED that no budget amendment to the Oakland Transit Fund is required at this time. Chair, the following Commissioners are sponsoring the foregoing Resolution: Brendan Johnson. Date: November 16, 2023 David Woodward, Commissioner Date: November 17, 2023 Hilarie Chambers, Deputy County Executive II Date: November 17, 2023 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2023-10-16 Transit Ad Hoc - Refer to Economic Development & Infrastructure 2023-11-08 Economic Development & Infrastructure - Recommend to Board 2023-11-16 Full Board - Adopt Motioned by Commissioner Yolanda Smith Charles seconded by Commissioner Philip Weipert to adopt the attached Amendment: 2023 No-Cost Amendment to WOTA Public Transportation Agreement. 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, William Miller III, Yolanda Smith Charles, Brendan Johnson, Ajay Raman (17) No: None (0) Abstain: None (0) Absent: Charles Cavell (1) Passed ATTACHMENTS 1. WOTA Transit Contract Amendment_101923 2. WOTA ExhibitA 2.1.23_Oct Amendment 3. WOTA ExhibitB 2.1.23_Oct Amendment v1 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 16, 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, November 16, 2023. Lisa Brown, Oakland County Clerk / Register of Deeds OAKLAND COUNTY EXECUTIVE DAVID COULTER Transit Division (248) 975-9876 | OaklandCountyTransit@oakgov.com AMENDMENT OF INTERLOCAL CONTRACT: CON00010159 AMENDMENT: 2023-1 AMENDMENT DATE: October 19, 2023 This AMENDMENT OF INTERLOCAL CONTRACT (hereafter this "Amendment") is made and entered into by and between the Contractor named and identified below, (hereafter “Contractor”) and the COUNTY OF OAKLAND (hereafter “County”) whose address is 2100 Pontiac Lake Rd, Waterford, MI 48328. CONTRACTOR ADDRESS Western Oakland Transportation Authority 250 W. Livingston Rd Highland MI 48357 Vendor Number: 0000040410 The County and Contractor agree and acknowledge that the purpose of this Amendment is to modify as provided herein and otherwise continue the present contractual relationship between the Parties as described in their current contract with the same contract number as above. In consideration of the extension of the mutual promises, representations, assurances, agreements, and provisions in the Contract and this Amendment, the adequacy of which is hereby acknowledged by the Parties, the County and Contractor hereby agrees to amend the current Contract as follows: 1.0 The County and Contractor agree that any and all defined words or phrases in the current Contract between the parties will apply equally to and throughout the amendment. 2.0 The Parties agree that any and all other terms and conditions set forth in the current Contract between the Parties shall remain in full force and effect and shall not be modified, excepted, diminished, or otherwise changed or altered by this Amendment except as otherwise expressly provided for in this Amendment. 3.0 Description of Change: In addition to and without limiting any of Contractor’s obligations or duties under the Contract, Contractor shall provide County with the Deliverables (goods and/or services) provided in the attached Amended Exhibit A (Scope of Transportation Services) for the values provided therein, which is included and incorporated into this Amendment. The Parties shall comply with the terms in Amended Exhibit A (Scope of Transportation Services). OAKLAND COUNTY EXECUTIVE DAVID COULTER Transit Division (248) 975-9876 | OaklandCountyTransit@oakgov.com Page 3 of 3 AMENDMENT OF INTERLOCAL AGREEMENT IN WITNESS WHEREOF, David T. Woodward, Chairper son, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized b y a resolution of the Oakland County Board of Commissioners to execute this A greement on behalf of Oakland Coun ty, and hereby accepts and binds Oakland County to the terms and conditions of this Agreement. EXECUTED: ____________________________________ DATE: _______________ David T. Woodward, Chairperson Oakland County Board of Commissioners WITNESSED: ___________________________________ DATE: _______________ Oakland County Board of Commissioners County of Oakland Page 1 of 3 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER AMENDED EXHIBIT A 2023 WESTERN OAKLAND TRANSPORTATION AUTHORITY SCOPE OF TRANSPORTATION SERVICES Scope of Work Summary: Current Services The Western Oakland Transportation Authority (WOTA) has been providing transportation services since 2020 to qualifying residents of Highland, Walled Lake, Waterford and White Lake and expanded into the Cities of Lake Angelus, Sylvan Lake, Keego Harbor, and Orchard Lake Village as well as the Village of Holly and Groveland, Holly, and Rose Townships during 2023. Eligible riders include seniors over 55, adults with disabilities and veterans along with companion riders. WOTA accommodates trips to work, medical appointments, shopping, banking, civic events, entertainment venues and social activities within the driving boundary. Currently, there is a staff of 14 full time and 17 part time employees that provide administration, dispatch, and vehicle operation services. The fleet of 21 vehicles provided over 32,000 rides in 2022 (average 150-170 rides per day); Monday through Friday from 7:00 a.m. – 4:00 p.m. The cost per stop in 2022 was $2.50. 2023 Service Expansion Utilizing Oakland County Millage Funds •Add computers, technology, copier and upgraded phones. •Increase hourly wage rates and benefits to become more competitive in the current job market. •Reduce cost per stop to $2.00 (two dollars) for all riders. •Include low-income residents as eligible riders. •Hire and train additional staff (drivers and dispatch). •Extend hours of service to Monday through Friday from 6:00 a.m. – 9:00 p.m. Page 2 of 3 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER •Purchase additional ADA compliant vehicles that will help to expand and improve service. •Begin to implement services in expanded geographic service areas on limited basis. •Create a mobile mechanic position to reduce the off-road time WOTA experiences when vehicles need preventative maintenance or repairs. •Collaborate with other transportation providers, Oakland County and local communities to identify expanded geographic service areas and transfer stops to offer eligible riders expanded seamless service to other areas of the county. Page 3 of 3 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER Page 1 of 3 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER AMENDED EXHIBIT B 2023 WESTERN OAKLAND TRANSPORTATION AUTHORITY BUDGET Oakland County Public Transportation Millage Funds: $3,418,407 to Maintain Current Services plus 2023 Expansion of Services (not to exceed) Terms of Payment for Services: Payment for the Scope of Work as described in Amended Exhibit A will be as follows: Oakland County will distribute an amount not to exceed $3,418,407 (Three Million Four Hundred Eighteen Thousand Four Hundred and Seven Dollars) in Public Transportation Millage Funds to the Western Oakland Transportation Authority (WOTA) for the scope of work that is incorporated into this Agreement as Amended Exhibit A. WOTA will receive a lump sum payment to be disbursed by the County within 30 days of this Agreement being fully executed. Except as extended, modified or amended pursuant to Article II and/or Article III of the Agreement, the Terms of Payment set forth herein shall expire on December 31, 2023. Page 2 of 3 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER Transit Provider: WOTA 2023 Approved Budget Actual Received/ Used First Amendment 10.17.2023 Adjustments Revenues Fares 100,000 64,581 Oakland County Transit Millage 3,418,407 3,418,407 Municipal Credits 118,940 68,852 Community Credits 158,160 79,080 Grant Revenue* 535,573 505,103 Local Revenue: Miscellaneous (Waterford CDBG + Highland) 55,214 30,347 Other Revenue : Specialized Services Credits 54,606 27,303 Revenue Total $ 4,440,900 $ 4,193,672 Expenses Salaries and Benefits Administration Salary 302,000 208,728 Dispatch/Drivers Wages 1,403,500 843,698 1,153,000 (250,500) Mechanic/Maintenance Wages 119,500 26,236 70,000 (49,500) Grant Payroll Expenses - - Personnel Benefits 532,000 309,660 432,000 (100,000) Pension/ Retirement Benefits 80,000 25,015 Other: Salary Expenses Salaries and Benefits Total $ 2,437,000 $ 1,413,337 Program Costs Communication Expenses- Phones, Tablets Etc. 28,500 26,943 Drug and Alcohol Testing 9,000 2,944 Fuel - Diesel and Oil 249,000 102,256 169,000 (80,000) Grant Program Expenses - - Insurance Expenses (Add D&O & Criminal + increase vehicle liabilit 104,000 182,917 220,000 116,000 Maintenance/Repairs 154,500 78,482 Other: Program Costs Program Cost Total $ 545,000 $ 393,542 Building Costs Building Rent/Lease 30,000 25,000 25,000 (5,000) Snow Removal/Landscaping - - Utilities 30,000 8,797 Other: Building Operating Expenses 6,000 2,450 Building Cost Total $ 66,000 $ 36,247 Operating Expenses Advertising/Marketing 100,000 17,741 75,000 (25,000) Dispatch Software 30,000 6,379 10,000 (20,000) Memberships and Dues 10,000 4,519 Office Supplies 10,000 7,378 Professional Development- Training and Education, Travel, Etc. 32,000 15,752 Professional Services- Audit, Legal, Website, IT, Other 104,000 55,741 Trolley Expenses - - Other: Administrative Costs - - Operating Expenses Total $ 286,000 $ 107,510 Contingency Contingency Contingency Total $ - Page 3 of 3 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER Capital Costs Equipment 233,000 120,824 Expansions- Parking Lots, Building Etc - - Office Capital 20,500 14,497 Software - - Vehicles 696,000 832,913 1,140,000 444,000* Other: Capital Costs 157,400 80,120 127,000 (30,000) Capital Costs Total $ 1,106,900 $ 1,048,354 Expense Total $ 4,440,900 $ 2,998,990 $ - *WOTA over-budgeted its Expenses by $444,000, which is being reallocated for vehicle purchase. Page 1 of 3 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER EXHIBIT A 2023 WESTERN OAKLAND TRANSPORTATION AUTHORITY SCOPE OF TRANSPORTATION SERVICES Scope of Work Summary: Current Services The Western Oakland Transportation Authority (WOTA) has been providing transportation services since 2020 to qualifying residents of Highland, Walled Lake, Waterford and White Lake and expanded into Groveland, Holly, and Rose townships, cities of Keego Harbor, Lake Angelus, Orchard Lake and Sylvan Lake, and the Village of Holly during 2023. Eligible riders include seniors over 55, adults with disabilities and veterans along with companion riders. WOTA accommodates trips to work, medical appointments, shopping, banking, civic events, entertainment venues and social activities within the driving boundary. Currently, there is a staff of 14 full time and 17 part time employees that provide administration, dispatch, and vehicle operation services. The fleet of 21 vehicles provided over 32,000 rides in 2022 (average 150-170 rides per day); Monday through Friday from 7:00 a.m. – 4:00 p.m. The cost per stop in 2022 was $2.50. 2023 Service Expansion Utilizing Oakland County Millage Funds • Add computers, technology, copier and upgraded phones. • Increase hourly wage rates and benefits to become more competitive in the current job market. • Reduce cost per stop to $2.00 (two dollars) for all riders. • Include low-income residents as eligible riders. • Hire and train additional staff (drivers and dispatch). • Extend hours of service to Monday through Friday from 6:00 a.m. – 9:00 p.m. • Purchase (8-12) additional ADA compliant mini vans that will help to expand and improve service. Page 2 of 3 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER • Begin to implement services in expanded geographic service areas on limited basis. • Create a mobile mechanic position to reduce the off-road time WOTA experiences when vehicles need preventative maintenance or repairs. • Collaborate with other transportation providers, Oakland County and local communities to identify expanded geographic service areas and transfer stops to offer eligible riders expanded seamless service to other areas of the county. Page 3 of 3 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER Page 1 of 3 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER EXHIBIT B 2023 WESTERN OAKLAND TRANSPORTATION AUTHORITY BUDGET Oakland County Public Transportation Millage Funds: $3,418,407 to Maintain Current Services plus 2023 Expansion of Services (not to exceed) Terms of Payment for Services: Payment for the Scope of Work as described in Exhibit A will be as follows: Oakland County will distribute an amount not to exceed $3,418,407 (Three Million Four Hundred Eighteen Thousand Four Hundred and Seven Dollars) in Public Transportation Millage Funds to the Western Oakland Transportation Authority (WOTA) for the scope of work that is incorporated into this Agreement as Exhibit A. WOTA will receive a lump sum payment to be disbursed by the County within 30 days of this Agreement being fully executed. Except as extended, modified or amended pursuant to Article II and/or Article III of the Agreement, the Terms of Payment set forth herein shall expire on December 31, 2023. Page 2 of 3 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER Transit Provider: WOTA 2023 Approved Budget Actual Received/ Used First Amendment 10.17.2023 Adjustments Revenues Fares 100,000 64,581 Oakland County Transit Millage 3,418,407 3,418,407 Municipal Credits 118,940 68,852 Community Credits 158,160 79,080 Grant Revenue* 535,573 505,103 Local Revenue: Miscellaneous (Waterford CDBG + Highland) 55,214 30,347 Other Revenue : Specialized Services Credits 54,606 27,303 Revenue Total $ 4,440,900 $ 4,193,672 Expenses Salaries and Benefits Administration Salary 302,000 208,728 Dispatch/Drivers Wages 1,403,500 843,698 1,153,000 (250,500) Mechanic/Maintenance Wages 119,500 26,236 70,000 (49,500) Grant Payroll Expenses - - Personnel Benefits 532,000 309,660 432,000 (100,000) Pension/ Retirement Benefits 80,000 25,015 Other: Salary Expenses Salaries and Benefits Total $ 2,437,000 $ 1,413,337 Program Costs Communication Expenses- Phones, Tablets Etc. 28,500 26,943 Drug and Alcohol Testing 9,000 2,944 Fuel - Diesel and Oil 249,000 102,256 169,000 (80,000) Grant Program Expenses - - Insurance Expenses (Add D&O & Criminal + increase vehicle liabilit 104,000 182,917 220,000 116,000 Maintenance/Repairs 154,500 78,482 Other: Program Costs Program Cost Total $ 545,000 $ 393,542 Building Costs Building Rent/Lease 30,000 25,000 25,000 (5,000) Snow Removal/Landscaping - - Utilities 30,000 8,797 Other: Building Operating Expenses 6,000 2,450 Building Cost Total $ 66,000 $ 36,247 Operating Expenses Advertising/Marketing 100,000 17,741 75,000 (25,000) Dispatch Software 30,000 6,379 10,000 (20,000) Memberships and Dues 10,000 4,519 Office Supplies 10,000 7,378 Professional Development- Training and Education, Travel, Etc. 32,000 15,752 Professional Services- Audit, Legal, Website, IT, Other 104,000 55,741 Trolley Expenses - - Other: Administrative Costs - - Operating Expenses Total $ 286,000 $ 107,510 Contingency Contingency Contingency Total $ - Page 3 of 3 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER Capital Costs Equipment 233,000 120,824 Expansions- Parking Lots, Building Etc - - Office Capital 20,500 14,497 Software - - Vehicles 696,000 832,913 1,140,000 444,000 Other: Capital Costs 157,400 80,120 127,000 (30,000) Capital Costs Total $ 1,106,900 $ 1,048,354 Expense Total $ 4,440,900 $ 2,998,990 $ -