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HomeMy WebLinkAboutResolutions - 2024.11.21 - 41710 AGENDA ITEM: Amendment 2025-1 with North Oakland Transportation Authority (NOTA) for Public Transit Services DEPARTMENT: Economic Development - Oakland County Transit Division MEETING: Board of Commissioners DATE: Thursday, November 21, 2024 1:46 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2024-4622 Motion to approve Amendment 2025-1 to the Public Transportation Agreement between Oakland County and North Oakland Transportation Authority (NOTA) with the attached 2025 amended Exhibit A – Scope of Transportation Services, Exhibit B – Budget, and Exhibit F- Veteran’s Transportation Agreement; further, authorize an appropriation in an amount not to exceed $6,684,346 from the Oakland County Public Transportation Millage; further, authorize the Chair of the Board of Commissioners to execute the Amendment of Agreement on behalf of Oakland County; further, amend the FY 2025 budget as detailed in the attached Schedule A – Budget Amendment. ITEM CATEGORY SPONSORED BY Interlocal Agreement Brendan Johnson INTRODUCTION AND BACKGROUND This is a request for the approval of an amendment to the Interlocal Agreement and an appropriation of funds to the North Oakland Transportation Authority (NOTA) to provide public transit services for the residents of Oakland County in 2025. The appropriation of funds will be in the amount not to exceed $6,659,346 from the Oakland County Public Transportation Millage. With the passage of the Oakland County Transportation Millage in 2022, millage funds will be disbursed to NOTA to support and improve transportation services for all residents in the County. At the beginning of 2023, Oakland County negotiated and approved the three-year Interlocal Agreement with Exhibits to be negotiated on an annual basis. Amendments to the Exhibits for 2025 are: • Incorporating Oakland Community Health Network (OCHN) contracted services and the Veteran’s Transportation Agreement between Oakland County and the Suburban Mobility Authority for Regional Transportation (SMART) with its partner transportation service providers, including NOTA, into NOTA’s scope of services. • Requiring NOTA to participate in, provide the necessary information for, and commit to implementing the Community Transit Plan being developed by Oakland County’s consultant team. • Establishing “core” service hours during which all of Oakland County’s community transit providers operate with the option to provide service earlier or later at the providers’ discretion. • Updating NOTA’s budget to reflect planned 2025 revenue and expenses and to allocate appropriate funding from the Millage to support. • Clarifying requirements for vehicle and facility expenditures, including giving Oakland County proper notice, using appropriate planning processes to remain eligible for State and Federal funding, investigating potential alternative funding sources, and paying workers a fair wage. On final approval, the Board Chair is authorized to amend the Interlocal Agreement on behalf of the County. The FY 2025 budget shall be amended as reflected in the attached Schedule A – Budget Amendment. POLICY ANALYSIS Amendment 2025-1 is effective January 1, 2025. Participating communities are Addison Township, Village of Leonard, Oxford Township, Village of Oxford, Orion Township, Village of Lake Orion, Independence Township, City of the Village of Clarkston, and Springfield Township. Affiliate communities are Brandon Township and Village of Ortonville. Transportation services for the general public will continue to be provided with the priority being given to persons with disabilities, seniors aged 55 and older, veterans, and low-income individuals. NOTA shall provide transportation services for veterans according to the Veteran’s Transportation Agreement between the Suburban Mobility Authority for Regional Transportation (SMART) and Oakland County. Additionally, NOTA shall provide transportation services for Oakland Community Health Network (OCHN) clients according to its contract with OCHN. APPROVAL HISTORY Original Agreement Resolution #2023-2589 _ 23-24 $2,847,605 Amendment 2023-1 Resolution #2023-3501 _ 23-150 $0 Amendment 2024-1 Resolution #2023-3544 _ 23-157 $4,187,562 Amendment 2024-2 Resolution #2024-3892 _ 24-12 $0 Amendment 2024-3 Resolution #2024-4430 _ 24-70 $1,300,867 Amendment 2025-1 Pending $6,659,346 BUDGET AMENDMENT REQUIRED: Yes Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at 248.821.3065 or winterb@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 - 11/21/2024 AGENDA DEADLINE: 11/21/2024 9:30 AM ATTACHMENTS 1. NOTA 2025_Schedule A-Budget Amendment v2 2. 2024-10-16 NOTA Contract Amendment 3. 2024-10-16 NOTA Exhibit A Scope 4. NOTA Exhibit B Budget v2 5. 2024-10-16 NOTA Exhibit F Veterans 6. NOTAExecutedAgreement2023 COMMITTEE TRACKING 2024-10-28 Oakland Transit - Refer to Economic Development & Infrastructure Committee 2024-11-12 Economic Development & Infrastructure - Recommend to Board, as Amended 2024-11-21 Full Board - Adopt Motioned by: None Seconded by: None Yes: None (0) No: None (0) Abstain: None (0) Absent: (0) Oakland County, Michigan ECONOMIC DEVELOPMENT - OAKLAND COUNTY TRANSIT DIVISION - NOTA 2025 Agreement Schedule "A" DETAIL 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 2025 Amendment FY 2026 Amendment FY 2027 Amendment E Oakland Transit Transit Services FND20288 CCN1090802 SC730373 PRG172155 730000 Contracted Services 5,449,289 1,235,057 - E Oakland Transit Transit Services FND20288 CCN1090802 SC796500 PRG172155 796500 Budgeted Equity Adjustment (5,449,289)(1,235,057)- Total Expenditures $-$-$- OAKLAND COUNTY EXECUTIVE DAVID COULTER Transit Division (248) 975-9876 | OaklandCountyTransit@oakgov.com AMENDMENT OF INTERLOCAL CONTRACT: CON00010161 AMENDMENT: 2025-1 AMENDMENT DATE: October 16, 2024 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 North Oakland Transportation Authority 675 S Glaspie Street Oxford, MI 48371 Vendor Number: 0000040437 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: Amendment of Scope of Work and Budget to continue and expand services for pre-existing Participating and Affiliate Communities as described in Exhibit A. 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 OAKLAND COUNTY EXECUTIVE DAVID COULTER Transit Division (248) 975-9876 | OaklandCountyTransit@oakgov.com Page 2 of 3 AMENDMENT OF INTERLOCAL AGREEMENT and incorporated into this Amendment. The Parties shall comply with the terms in Amended Exhibit A (Scope of Transportation Services). 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 B (Budget) for the prices provided therein, which is included and incorporated into this Amendment. The Parties shall comply with the terms in Amended Exhibit B (Budget). 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 F (Veteran’s Transportation) for the prices provided therein, which is included and incorporated into this Amendment. The Parties shall comply with the terms in Amended Exhibit F (Veteran’s Transportation). For and in consideration of the mutual assurances, promises, acknowledgments, warrants, representations, and agreements set forth in the Contract and this Amendment, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the undersigned hereby execute this Amendment on behalf of the County, and Contractor and by doing so legally obligate and bind the County and Contractor to the terms and conditions of the Contract and this Amendment. OAKLAND COUNTY EXECUTIVE DAVID COULTER Transit Division (248) 975-9876 | OaklandCountyTransit@oakgov.com Page 3 of 3 AMENDMENT OF INTERLOCAL AGREEMENT Authorization and Completion of Agreement. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Amendment of Interlocal Contract. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. IN WITNESS WHEREOF, Lynn Gromaski, Executive Director, North Oakland Transportation Authority, hereby acknowledges that she has been authorized by a resolution of the North Oakland Transportation Authority, a certified copy of which is attached, to execute this Agreement on behalf of Public Body and hereby accepts and binds Public Body to the terms and conditions of this Agreement. EXECUTED: ____________________________________ DATE: _______________ Lynn Gromaski, Executive Director North Oakland Transportation Authority WITNESSED: ___________________________________ DATE: _______________ North Oakland Transportation Authority IN WITNESS WHEREOF, David T. Woodward, Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution 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 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 5 AMENDMENT 2025-1 OF INTERLOCAL AGREEMENT – EXHIBIT A OAKLAND COUNTY EXECUTIVE, DAVID COULTER EXHIBIT A AMENDMENT: 2025-1 2025 NORTH OAKLAND TRANSPORTATION AUTHORITY (NOTA) SCOPE OF TRANSPORTATION SERVICES Scope of Work Summary: 1.2025 Scope of Services Utilizing Oakland County Millage Funds a. In this agreement, the term “Participating Community” is defined to include Addison Township, Village of Leonard, Oxford Township, Village of Oxford, Orion Township, Village of Lake Orion, Independence Township, City of the Village of Clarkston, and Springfield Township. b. In this agreement, the term “Affiliate Community” is defined to include Brandon Township and Village of Ortonville. c. NOTA shall begin the service as set forth in this Exhibit A on January 1, 2025. d. NOTA shall provide transportation services for residents of the Participating Communities as outlined in Exhibits A and B. Residents of Participating Communities can utilize NOTA transportation services within the driving boundaries as shown on the 2025 NOTA Service Area Map on page 5 of this Exhibit A. e. Transportation services for the general public will continue to be provided with the priority being given to persons with disabilities, seniors aged 55 and older, veterans, and low-income individuals; however, trip fulfillment is at the discretion of NOTA, subject to its capacity to accommodate such trips. f. NOTA shall provide transportation services for veterans according to the Veteran’s Transportation Agreement between the Suburban Mobility Authority for Regional Transportation (SMART) and Oakland County attached as Exhibit F. Rides provided under the Veteran’s Transportation Agreement will be reported to the Oakland County Transit Manager on a monthly basis. Page 2 of 5 AMENDMENT 2025-1 OF INTERLOCAL AGREEMENT – EXHIBIT A OAKLAND COUNTY EXECUTIVE, DAVID COULTER g. NOTA shall provide transportation services for Oakland Community Health Network (OCHN) clients according to its contract with OCHN. Whenever the contract is updated, Transit Provider shall provide a copy to the Oakland County Transit Manager. Rides provided under NOTA’s contract with OCHN will be reported to the Oakland County Transit Manager on a quarterly basis along with NOTA’s regular quarterly reporting. 2.Service Guidelines a. Observed Holidays include the following: New Year’s Eve, New Year’s Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve, and Christmas Day. Trip fulfillment on observed holidays is at the discretion of NOTA, subject to its capacity to accommodate such trips. b. For consistency across transit providers, weekday service shall be provided during the following core service hours: Monday-Friday from 6:00 a.m. – 9:00 p.m., excluding holidays. NOTA may provide service earlier in the morning or later in the evening than these core service hours at its discretion. c. For consistency across transit providers, weekend service shall be provided during the following core service hours: Saturdays from 8:00 a.m. – 4:00 p.m. and Sundays from 7:30 a.m. – 3:30 p.m., excluding holidays. NOTA may provide service earlier in the morning or later in the evening than these core service hours at its discretion. d. Residents may request to be transported outside of NOTA’s posted service hours and on observed holidays, but trip fulfillment is solely at the discretion of NOTA based on its capacity to accommodate such trips. e. For consistency across transit providers, customer service and the ride scheduling call center shall be operational during the following core service hours: Monday-Friday from 8:00 a.m. – 4:00 p.m., excluding holidays. NOTA may provide customer service and operate the ride scheduling call center earlier in the morning or later in the evening than these core service hours at its discretion. Page 3 of 5 AMENDMENT 2025-1 OF INTERLOCAL AGREEMENT – EXHIBIT A OAKLAND COUNTY EXECUTIVE, DAVID COULTER f. Riders will schedule trips directly with NOTA and advance notice of at least 3 business days is requested. Riders can request rides with less advance notice, but trip fulfillment is at the discretion of NOTA based on its capacity to accommodate such trips. 3.Relations of Parties a. NOTA staff shall attend scheduled meetings with Oakland County Transit Division staff and the other Oakland County transit providers to coordinate on a seamless system of transportation that meets the needs of all Oakland County residents. b. NOTA will work in a timely manner to address all concerns related to the contracted services presented by the Oakland County Transit Division staff and/or staff/elected officials from Participating Communities. c. NOTA will work with other Oakland County transit providers to fulfill trip requests when the provider is unable to accommodate them internally, subject to NOTA’s capacity and software capabilities. d. NOTA will work towards enabling transfers to and from other Oakland County transit providers, if needed, to fulfill trip requests, with transfer locations and fare payment coordinated with the other transit provider(s). Transfers will be at NOTA’s discretion and subject to capacity and software capabilities. e. NOTA will share announcements of new service changes utilizing Transit Millage funding (for example: draft press releases, newsletters, marketing, and communications information) with Oakland County Transit Division staff at least two weeks before release to ensure coordinated communication and will incorporate the Oakland Transit logo as outlined in Exhibit E. Oakland County will also share announcements or information mentioning NOTA with NOTA at least two weeks before release. f. NOTA shall participate in, provide the necessary information for, and commit to implementing the Community Transit Plan being developed by Oakland County’s consultant team. 4.Service Operations Page 4 of 5 AMENDMENT 2025-1 OF INTERLOCAL AGREEMENT – EXHIBIT A OAKLAND COUNTY EXECUTIVE, DAVID COULTER a. NOTA shall be responsible for fueling, cleaning, and all maintenance of vehicles. NOTA will always maintain its equipment in good mechanical condition in conformity with all applicable safety regulations and will keep all vans and/or buses in clean condition. NOTA vehicles shall be subject to inspection by Oakland County upon reasonable demand. b. NOTA warrants that it now has, and will continue to have, during the term of this agreement, all necessary licenses, certifications, or other documents required by any federal or state governmental agency which authorize, permit or pertain to the operation of public transportation service. Verification of such licenses shall be presented to Oakland County upon demand. c. NOTA will utilize drivers for this service who are properly qualified and lawfully licensed for the service provided in the vehicles used and have received training. Criminal background checks will be performed on all drivers. Drivers will display proper courtesy toward passengers and maintain a neat, clean appearance. d. NOTA will maintain official logos, markings, or text affixed to the exterior of all revenue service vehicles that include “North Oakland Transportation Authority/NOTA” and “Oakland Transit” so users of the service can identify vehicles. Usage of the Oakland Transit logo is outlined in Exhibit E – License for Use of County Servicemark. Page 5 of 5 AMENDMENT 2025-1 OF INTERLOCAL AGREEMENT – EXHIBIT A OAKLAND COUNTY EXECUTIVE, DAVID COULTER Page 1 of 9 AMENDMENT 2025-1 OF INTERLOCAL AGREEMENT – EXHIBIT B OAKLAND COUNTY EXECUTIVE, DAVID COULTER EXHIBIT B AMENDMENT: 2025-1 2025 NORTH OAKLAND TRANSPORTATION AUTHORITY (NOTA) BUDGET Oakland County Public Transportation Millage Funds: Total payment not to exceed $6,684,346 to maintain current services and expand services as planning substantiates. 1.Terms of Payment for Services: a. Payment for the Scope of Work as described in Exhibit A will be as follows: Oakland County will distribute an amount not to exceed $6,684,346 (Six Million Six Hundred Fifty-Nine Thousand Three Hundred Forty-Six Dollars) in Public Transportation Millage Funds to NOTA for the scope of work that is incorporated into this Agreement as Exhibit A. NOTA will receive quarterly payments as shown in the Payment Schedule table below. Except as extended, modified, or amended pursuant to Article II, Article III, and/or Article XIV of the Agreement, the Terms of Payment set forth herein shall expire on December 31, 2025. 2.Fee for Transportation Services The following factors are included in the NOTA fee for transportation services and are set forth in Section 9: a. Insurance: Insurance coverages to meet the County Contractor Insurance Requirements as described in Exhibit D. b. Fuel and Maintenance: Fueling, cleaning, and maintenance of vehicles. c. Staff: Hiring and training necessary staff to enhance capacity and deliver quality services. d. Vehicle Fleet: Acquiring cameras for new vehicles to ensure driver and rider safety. e. Facility: Renovation of NOTA’s building to provide appropriate space for additional Page 2 of 9 AMENDMENT 2025-1 OF INTERLOCAL AGREEMENT – EXHIBIT B OAKLAND COUNTY EXECUTIVE, DAVID COULTER staff and paving of the parking lot that NOTA uses for vehicle storage at Independence Township’s Senior Center. 3.Payment Schedule 2025 Operations Capital Jan $1,235,057.75 $1,744,115.00 Apr $1,235,057.75 $0.00 July $1,235,057.75 $0.00 Oct $1,235,057.75 $0.00 TOTAL $4,940,231.00 $1,744,115.00 a. $1,744,115 has been allocated for capital expenditures for cameras for new vehicles, renovation of NOTA’s facility, and paving the Independence Township parking lot. This shall be paid by Oakland County to NOTA in an amount not to exceed $1,744,115 (One Million Seven Hundred Nineteen Thousand One Hundred Fifteen Dollars). 4.Invoices a. Payments by the County, after the Agreement is fully executed, will be made within 30 days of receipt of an invoice from NOTA for the amounts listed in Section 3. 5.Fare Collection a. NOTA shall charge residents of Participating Communities utilizing its service a base fare of $4.00 per each one-way trip within the driving boundary as shown on the 2025 NOTA Service Area Map as incorporated in Exhibit A. b. NOTA shall charge seniors aged 55 and older, persons with disabilities, and low- income individuals of Participating Communities a discounted fare of $2.00 per one- way trip within the driving boundary as shown on the 2025 NOTA Service Area Map as incorporated in Exhibit A. c. NOTA shall not charge veterans any fare for trips within Oakland County pursuant to the Veteran’s Transportation Agreement between the Suburban Mobility Authority for Regional Transportation (SMART) and Oakland County attached as Exhibit F. Page 3 of 9 AMENDMENT 2025-1 OF INTERLOCAL AGREEMENT – EXHIBIT B OAKLAND COUNTY EXECUTIVE, DAVID COULTER d. NOTA may, at its sole discretion, provide trips outside the driving boundary as shown on the 2025 NOTA Service Area Map incorporated in Exhibit A to residents of Participating Communities at a base fare of $4.00 per one-way trip plus $2.50 per mile driven outside the boundary subject to capacity and software capabilities. e. NOTA may, at its sole discretion, provide trips outside the driving boundary as shown on the 2025 NOTA Service Area Map incorporated in Exhibit A for seniors aged 55 and older, persons with disabilities, and low-income individuals of Participating Communities at a discounted fare of $2.00 per one-way trip plus a discounted rate of $1.25 per mile driven outside the boundary subject to capacity and software capabilities. f. The per mile fee for all one-way out of boundary trips is charged starting at the driving boundary and ending at the destination and vice versa. g. Riders will be responsible for fare payment in accordance with NOTA’s rider guidelines. h. Aides or persons assisting either seniors or persons with disabilities will be permitted to ride at no cost. i. All fares paid by eligible residents are to be retained by NOTA. 6.Vehicle Expenditures a. NOTA shall notify Oakland County prior to purchasing or committing to the purchase of a vehicle. These vehicles are hereinafter referred to as “Project Vehicle(s),” to expand and improve service in accordance with the terms and conditions of this Agreement. b. The Project Vehicle(s) shall comply with all Federal Contract Clauses including regulations regarding procurement, Buy America, vehicle specifications, safety standards, and bus testing. All federal clauses can be found in the respective contracts on the State Vehicle Contracts and Procurement website at https://www.michigan.gov/mdot/travel/mobility/pub-transit/state-vehicle- contracts-and-procurement. Page 4 of 9 AMENDMENT 2025-1 OF INTERLOCAL AGREEMENT – EXHIBIT B OAKLAND COUNTY EXECUTIVE, DAVID COULTER c. All capital expenditures for the purchase of Project Vehicle(s) shall comply with Section 3(a), above. d. NOTA agrees to use Project Vehicles for the purposes as stated in Exhibit A, which is incorporated into this Agreement. e. NOTA agrees to provide all maintenance, repair, and fueling of these vehicles, consistent with its responsibilities in Section 2(b), above. f. Prior to delivery of the Project Vehicle(s), NOTA shall provide Oakland County with the Make, Model and VIN number(s) of the Project Vehicle(s). g. NOTA is to notify Oakland County that they have taken possession of the Project Vehicle(s) and provide the date that each Project Vehicle(s) is placed in revenue service. h. NOTA shall notify Oakland County of any changes, collisions, or significant damage to the Project Vehicle(s). i. NOTA shall retain title to Project Vehicles. No Project Vehicles shall be disposed of or reassigned without prior written approval by Oakland County. 7.Project Vehicle Disposition The Parties intend and agree that if Oakland County provides funding for capital expenditures (i.e., vehicles) to NOTA and this Agreement is terminated or not renewed before any or all of the purchased vehicles reach the end of their Minimum Useful Life, as defined herein, or if a purchased vehicle is removed from service prior to the end of its Minimum Useful Life, NOTA shall reimburse Oakland County for the Remaining Value of any such vehicle(s) in accordance with the following: a. For the purpose of this Agreement, the “Minimum Useful Life” of each purchased vehicle shall be determined to be five (5) years, beginning on the date the vehicle is placed into service. b. The value of each vehicle shall be depreciated on a straight-line basis according to the time each vehicle has been in service, i.e., twenty percent (20%) depreciation Page 5 of 9 AMENDMENT 2025-1 OF INTERLOCAL AGREEMENT – EXHIBIT B OAKLAND COUNTY EXECUTIVE, DAVID COULTER in value for each year the vehicle has been in service, or any fraction thereof. Thus, each vehicle will be fully depreciated five (5) years after it is put into service. c. Correspondingly, the Remaining Value of the vehicle shall be the purchase price minus depreciation. d. Any insurance proceeds obtained by NOTA in connection with a vehicle which is permanently taken from service as a result of collision, fire, or other such casualty shall be applied toward the amount of reimbursement owed to Oakland County. Oakland County will then work with NOTA to determine whether a replacement vehicle is to be purchased by Oakland County with transit millage funds. e. No vehicle shall be disposed of before the end of its Minimum Useful Life without prior Oakland County approval. f. NOTA shall maintain financial and operating records for each vehicle for at least seven (7) years from the date of its disposal or permanent removal from service. 8.Facility Expenditures Expenditures for facilities are subject to: a. Advance review and approval by Oakland County. b. An appropriate facility planning process that satisfies State and Federal procedures to remain eligible for State and Federal funding. c. NOTA providing a scope of work to Oakland County. d. NOTA providing documentation to Oakland County that all potential funding sources and financing methods have been considered and pursued if feasible. e. NOTA shall require any contractors and sub-contractors who perform any work on NOTA facilities to pay all skilled and unskilled tradespersons, mechanics, and laborers, including but not limited to carpenters, electricians, plumbers, cement masons, workers, helpers, assistants, and apprentices not less than the wages and benefits prevailing in Oakland County, Michigan. f. NOTA shall comply with Oakland County’s Competitive Public Bid Requirements when hiring third parties to complete facility work: Page 6 of 9 AMENDMENT 2025-1 OF INTERLOCAL AGREEMENT – EXHIBIT B OAKLAND COUNTY EXECUTIVE, DAVID COULTER i. Requirement for Competitive Bidding: NOTA shall not engage any third parties to perform any services without first conducting a competitive public bidding process. ii. Bid Process: 1. NOTA shall prepare and issue a Request for Proposals (RFP) for the services to be performed, which shall be publicly advertised to ensure broad competition. 2. The RFP must include a comprehensive description of the services to be performed, selection criteria, and submission deadlines. The advertisement must remain open for a minimum of 30 days to allow adequate time for potential bidders to respond. iii. Selection of Vendor: NOTA shall evaluate all bids received based on the criteria outlined in the RFP. The selection of the winning bid shall prioritize quality, cost-effectiveness, and the vendor’s qualifications. A written record of the evaluation process and the rationale for selecting the chosen vendor must be maintained. iv. Compliance and Accountability: NOTA is responsible for ensuring that all services performed comply with applicable laws and regulations. Page 7 of 9 AMENDMENT 2025-1 OF INTERLOCAL AGREEMENT – EXHIBIT B OAKLAND COUNTY EXECUTIVE, DAVID COULTER 9.Budget Revenues Fares $215,000 Oakland County Transit Millage $6,684,346 Municipal Credits $110,182 Community Credits $0 Local Bus Operating $2,678,738 FTA 5310 Grant $206,536 MDOT Specialized Services Grant $28,062 SEMCOG EV Grant $298,290 Draw on NOTA Fund Balance for Building Renovation $500,000 Other Revenue: Miscellaneous $153,500 Revenue Total $10,874,654 Expenses Salaries and Benefits Administration Salary $561,000 Dispatch/Drivers Wages $4,511,699 Mechanic/Maintenance Wages $0 Grant Payroll Expenses $0 Personnel Benefits $572,250 Pension/Retirement Benefits $215,000 Other: Salary Expenses $484,500 Salaries and Benefits Total $6,344,449 Program Costs Communication Expenses- Phones, Tablets, Etc.$143,400 Drug and Alcohol Testing $12,000 Fuel - Diesel and Oil $440,000 Grant Program Expenses $155,290 Insurance Expenses $510,000 Maintenance/Repairs $341,000 Other: Program Costs $58,150 Program Cost Total $1,659,840 Building Costs Building Rent/Lease $0 Snow Removal/Landscaping $7,500 Utilities $22,000 Other: Building Operating Expenses $20,000 Building Cost Total $49,500 Operating Expenses Advertising/Marketing $20,000 Page 8 of 9 AMENDMENT 2025-1 OF INTERLOCAL AGREEMENT – EXHIBIT B OAKLAND COUNTY EXECUTIVE, DAVID COULTER Dispatch Software $39,000 Memberships and Dues $0 Office Supplies $35,000 Professional Development- Training, Education, Travel, Etc. $23,250 Professional Services- Audit, Legal, Website, IT, Other $173,500 Trolley Expenses $28,000 Other: Administrative Costs $0 Operating Expenses Total $318,750 Capital Costs Equipment- Vehicle Cameras $94,000 Building Renovation of Suite B and Office Expansion $1,550,115 Independence Township- Paving a Portion of Parking Lot $100,000 Office Computers $25,000 Vehicles- SEMCOG EV Grant Only $143,000 Other: Capital Costs (depreciation)$590,000 Capital Costs Total $2,502,115 Expense Total $10,874,654 a. Any changes to line-item budget allocations requested by NOTA shall be made in writing, directed to the Oakland County Transit Manager, and shall specify the nature of the change requested, the reason for the proposed change and whether or not the requested change will result in an increase in the overall total budget amount. The Transit Manager shall then have sole discretion to grant or deny the change, in whole or in part, consistent with the authority that the Transit Manager has been given by the Oakland County Board of Commissioners (BOC). b. Other than as provided in the above subsection (a), the Parties acknowledge that in accordance with subsection 14.1 of the Agreement (“Amendments”), the commitment or disbursement of Public Transportation Millage funds by Transit Provider for items not specifically budgeted above, or payment by Transit Provider of an amount in an excess of the budgeted amount for a particular line item as addressed under subsection 3.4 of the Agreement (“Not to Exceed”) are not permissible under this Agreement without a duly approved and executed amendment to the Agreement. No services shall be commenced, and no costs or obligations incurred, including, but not limited to, real property Page 9 of 9 AMENDMENT 2025-1 OF INTERLOCAL AGREEMENT – EXHIBIT B OAKLAND COUNTY EXECUTIVE, DAVID COULTER transactions or capital expenditures not presently budgeted, unless appropriate approval has been obtained from the County. Page 1 of 1 AMENDMENT 2025-1 OF INTERLOCAL AGREEMENT – EXHIBIT F OAKLAND COUNTY EXECUTIVE, DAVID COULTER EXHIBIT F AMENDMENT: 2025-1 2025 NORTH OAKLAND TRANSPORTATION AUTHORITY (NOTA) VETERAN’S TRANSPORTATION AGREEMENT Page 1 of 12 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER PUBLIC TRANSPORTATION AGREEMENT BETWEEN NORTH OAKLAND TRANSPORTATION AUTHORITY AND OAKLAND COUNTY THIS PUBLIC TRANSPORTATION AGREEMENT ("Agreement") is made this ______day of February, 2023, by and between the North Oakland Transportation Authority (“NOTA”), 675 S. Glaspie, Oxford, Michigan 48371, a Michigan non-profit corporation established pursuant to an intergovernmental agreement between the Charter Township of Orion, Charter Township of Oxford, Township of Addison, and NOTA, and Oakland County, (the "County"), 1200 N. Telegraph, Pontiac, Michigan 48341, a Municipal and Constitutional Corporation, operating under Act 139 of 1973 (referred to collectively as the “Parties”). The term of this Agreement is set forth in the Term of Agreement section, being Article VII, Sec. 18.8, below. As expressed in Article 2.2 below, the Parties anticipate that this Agreement will represent an ongoing partnership between the Parties, who will work collaboratively and in good faith to effectuate the expansion and efficiency of Transportation Services for the benefit of Oakland County communities and businesses. WHEREAS, Oakland County recognizes a growing need to provide safe, affordable and reliable public transportation for workers to reach jobs, patients to access health care, students to connect to colleges and universities and for seniors, the disabled and the general public to have more transportation options; and WHEREAS, Oakland County has historically been actively engaged in the support of public transportation, having two members on the SMART Board of Directors; and WHEREAS, on November 8, 2022, Oakland County put forth a Transportation Millage for the purpose of funding public transportation services in Oakland County, including operating, maintaining, improving and expanding transit services; creating and expanding new 16th Page 2 of 12 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER fixed routes for bus service connecting local communities; expanding transportation services for seniors, veterans and people with disabilities; and providing transportation to get employees to jobs, patients to healthcare, students to colleges and universities and for other related purposes authorized by law; and WHEREAS, on November 8, 2022, the citizens of Oakland County approved a millage for the above purpose to be levied at a maximum rate of .95 mills for a period of 10 years beginning in 2022 and ending in 2031; and WHEREAS, it is anticipated that the millage from the ballot proposal will generate $66,163,000 in the first year; and WHEREAS, the principal providers of public transportation services in Oakland County are Suburban Mobility Authority for Regional Transportation (SMART), Western Oakland Transportation Authority (WOTA), North Oakland Transportation Authority (NOTA) and the Rochester Hills-Oakland-Rochester Older Persons’ Commission (OPC); and WHEREAS, NOTA desires to provide certain public transportation services to the County as described more particularly in this Agreement and the exhibits/attachments hereto ("Transportation Services"); and WHEREAS, the County and NOTA wish to enter into an agreement to provide transportation services in furtherance of the goals and objectives of the November 8, 2022 Transportation Millage; and WHEREAS, as consideration for the Transportation Services, the County, through its Board of Commissioners, will make payments to NOTA as described more particularly in this Agreement. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Parties agree as follows: ARTICLE I DEFINITIONS 1.1 “Communities" mean cities, villages, townships, or other political subdivisions Page 3 of 12 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER located within Oakland County 1.2 “County” shall mean Oakland County. 1.3 “Exhibits” to this Agreement, as referenced herein and as made a part of this Agreement shall be as follows: Exhibit A, Scope of Transportation Services (“Service Plan”) Exhibit B, NOTA Budget Exhibit C, Performance Report Exhibit D, Insurance 1.4 “NOTA Budget” means the proposed financial budget of NOTA for each fiscal year for the provision of Transportation Services, included in the term of this Agreement for the NOTA service area. 1.5 “Transportation Services" means the transportation services to be provided under this Agreement by NOTA in Oakland County as set forth in Exhibit A, as amended. ARTICLE II TRANSPORTATION SERVICES 2.1 NOTA shall undertake and provide the Transportation Services as set forth in the Service Plan attached as Exhibit (A) in accordance with this Agreement and all applicable Federal, State and local laws as they may from time to time be amended. 2.2 During the term of this Agreement, the Parties will work collaboratively and in good faith to effectuate the expansion of Transportation Services to include a larger geographical service area, a broader array of Transportation Services, increase in hours of operation and/or an increase in ridership. The Parties shall meet at agreed upon intervals to review and revise the scope of Transportation Services, budget and payment, and any agreed upon changes shall be set forth in amendments to Exhibits A and B. NOTA shall be responsible for the administration and management of Transportation Services. 2.3 No other material changes to the Service Plan may be made by NOTA without the written consent of the County. Page 4 of 12 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER ARTICLE III PAYMENT 3.1 The County shall pay NOTA for the provision of Transportation Services in accordance with the terms and conditions of this Agreement. 3.2 NOTA shall be paid by the County according to the terms and in the manner described in Exhibit B, as may be amended in accordance with Section 2.2, above. 3.3 Payments shall be subject to a final reconciliation by the Parties, which reconciliation may result in an additional payment or credit adjustment. 3.4 The amounts owing to NOTA under this Agreement shall not in any event be in excess of any “not to exceed” amount established by the Agreement or corresponding Board of Commissioner Resolution without prior approval from the County. ARTICLE IV PERFORMANCE REPORT 4.1 NOTA, at its expense, shall provide the County with a quarterly Performance Audit and Report of NOTA’s operations (Exhibit C). If requested by the County, NOTA shall provide verification of information contained in the Performance Audit and Report to the County or other third party selected by the County. 4.2 NOTA shall submit the Performance Report to the County within ten (10) days after the end of the calendar year. ARTICLE V AUDITED FINANCIAL STATEMENTS 5.1 NOTA shall provide the County with NOTA's unaudited quarterly financial statements, within thirty (30) days after the end of each fiscal quarter, and the audited annual financial statements within one hundred twenty (120) days after the end of the fiscal year prepared in accordance with generally accepted accounting principles ("GAAP") by NOTA’s auditor (the "Financial Statements"). The Financial Statements shall indicate variances between Page 5 of 12 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER actual and budgeted amounts for the quarter at the Financial Statement level. The County reserves the right to conduct further, independent audits of the expenditure of revenue from the Transportation Millage consistent with the oversight responsibilities of the Oakland County Board of Commissioners as established by the November 8, 2022 ballot language. ARTICLE VI PERFORMANCE OF THE TRANSPORTATION SERVICES 6.1 NOTA shall commence, carry on, and complete the Transportation Services in a sound, economical and efficient manner, and in compliance with the Service Plan, including administration and management of the Transportation Services. 6.2 Except as expressly set forth in this Agreement, nothing in this Agreement shall subject the County to any obligations or liabilities of NOTA, its contractors or subcontractors, or any other person not a party to this Agreement and therefore, no third-party beneficiaries are created by this agreement, in connection with the performance of any Transportation Services. ARTICLE VII RECORD KEEPING, AUDITS, INSPECTION, REPORTS, EVALUATION AND COOPERATION 7.1 Financial records, supporting documentation, statistical records, and all other records pertinent to the Transportation Services shall be retained by NOTA for a period of at least seven (7) years and be made readily available to authorized representatives of the County for the duration of the Agreement. 7.2 NOTA shall provide a periodic summary to the County of available grant opportunities it becomes aware of and shall seek input and support from the County, as practicable, for any grants that could impact the Transportation Services, but which are otherwise not available to NOTA alone. In addition to and as practicable, NOTA shall cooperate and provide input as needed by the County with respect to any grants available to it. NOTA shall provide periodic updates to the County with respect to the marketing and advertising of the Page 6 of 12 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER Transportation Services. The Parties shall cooperate in elevating the quality, accessibility and level of the Transportation Services and their equitable distribution and access to riders. The Parties shall meet at least annually to discuss strategic goals and plans for the following year, to correct deficiencies in performance if found to exist, and to advance the goals and principles set forth in this Agreement, including but not limited to maximizing service and equitable inclusion. ARTICLE VIII INSURANCE 8.1 NOTA shall purchase and maintain, during the term of this Agreement between the Parties, the types and amounts of insurance required by Exhibit (D). The contractual liability insurance as applicable to NOTA's obligations herein, shall be specifically endorsed to include coverage for the indemnity provision required and described in Article IX below. ARTICLE IX INDEMNIFICATION 9.1 To the extent permitted by law, NOTA shall hold the County harmless, defend and indemnify the County, and each of its elected officials, Board of Commissioners , appointed officials, agents, employees, representatives, attorneys and volunteers from and against any and all losses, expenses, damages (including loss of use), demands and claims, and shall defend any suit or action, whether at law or in equity, brought against them or any one or more of them based on any alleged injury (including death), or damages relating to or arising out of any act or omission of NOTA, its officers, employees, agents, contractors, subcontractors and licensees, during the performance of this Agreement or in connection with the provision of Transportation Services, including but not limited to claims made against the County by any third party, and shall pay all damages, judgments, costs, and expenses, including attorney's fees, in connection with any demands and claims resulting therefrom. The County shall in no event be liable for any consequential, incidental, indirect, remote, speculative, punitive, exemplary, liquidated, treble, Page 7 of 12 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER or special damages, including but not limited to loss of profit, opportunity, use, revenue, data or goodwill, whether based in whole or in part in contract, tort, equity, strict liability, under statute or any other theory of liability, regardless of whether such damages were foreseeable or contemplated and even if the County was advised or aware of the possibility of such damages. The obligations under this Article IX shall survive the completion of the Transportation Services required to be performed hereunder by NOTA and any end to this Agreement. Nothing herein is intended to diminish or waive any governmental immunity of NOTA under the law. ARTICLE X NON -COLLUSION 10.1 NOTA warrants that it has not paid and agrees not to pay any bonus, commission, fee, or gratuity for the purpose of obtaining any approval pursuant to this Agreement. No NOTA officer or employee, or board member shall be permitted to any share or part of this Agreement or to any material benefit arising therefrom. ARTICLE XI SIGNS AND IDENTIFICATION 11.1 Neither Party may identify the other Party on any vehicles, buildings, stations, equipment and other items used or acquired by them in connection with the Transportation Services without the prior written consent of the other Party. ARTICLE XII SEVERABILITY 12.1 If any provision of this Agreement is held invalid for any reason whatsoever, the remaining provisions shall not be affected thereby if such remainder would continue to conform to the purposes, terms, and requirements of applicable law. Page 8 of 12 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER ARTICLE XIII ASSIGNMENT AND AGREEMENT 13.1 This Agreement shall not be assigned, transferred, conveyed, sublet or otherwise disposed of without the prior written consent of NOTA and the County, through its Board of Commissioners. ARTICLE XIV AMENDMENT 14.1 The Parties agree that no modification of this Agreement, or any Exhibits or Attachments hereto, shall be of any force or effect unless such amendment is dated, reduced to writing, executed by both Parties, and attached to and made a part of this Agreement. No services shall be commenced, and no costs or obligations incurred in consequence of any amendment to this Agreement, or any attachments made hereto unless and until such amendment has been executed and made a part of this Agreement. ARTICLE XV TITLES 15.1 The Parties agree that the titles of the articles and paragraphs of this Agreement are inserted for convenience of identification only and shall not be considered for any other purpose. ARTICLE XVI ENTIRE AGREEMENT 16.1 The Parties agree that this Agreement, the Exhibits attached hereto, and documents referred to herein constitute the entire Agreement between the Parties hereto, that there are no agreements or understandings, implied or expressed, except as specifically set forth or incorporated by reference in the Agreement and that all prior arrangements and understandings in this connection are merged into and contained in this Agreement. Page 9 of 12 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER ARTICLE XVII APPLICABLE LAW 17.1 This Agreement shall be governed, interpreted and enforced by the laws of the State of Michigan, excluding Michigan’s conflict of laws principles. Any action brought to enforce, interpret or decide any provision of this agreement or any claim arising under this Agreement shall be brought in the Sixth Judicial Circuit Court of the State of Michigan, the 50th District Court of the State of Michigan, or the United States District Court for the Eastern District of Michigan, Southern Division, as dictated by the applicable jurisdiction of the Court. Except as otherwise required by law, venue is proper in the Courts set forth above. ARTICLE XVIII MISCELLANEOUS 18.1 Discrimination. NOTA, and its subcontractors under this Agreement, shall not discriminate against an employee or an applicant for employment in hiring, any terms or 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. 18.2 Flow Down. Any assignment, delegation or subcontract by NOTA must include a requirement that the assignee, designee, or subcontractor will comply with the terms and conditions of this Agreement. The assignment, delegation or subcontract shall in no way diminish or impair performance of any term or condition of this Agreement. 18.3 Survival of Terms and Conditions. The following terms and conditions shall survive and continue in full force beyond the termination or cancellation of this Agreement (or any part thereof) until the terms and conditions are fully satisfied or expire by their nature: Article 1, Definitions; Article 2, Transportation Services; Article 3, Payment; Article 7, Audits; Article 8, Insurance; Article 9, Indemnification; Article 17, Applicable Law; Article 18, Page 10 of 12 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER Miscellaneous. 18.4 Reservation of Rights. This Agreement does not, and is not intended to impair, divest, delegate or contravene any constitutional, statutory, or other legal right, privilege, power, obligation, duty or immunity of the County or NOTA. 18.5 Waiver. Waiver of any term or condition of this Agreement must be in writing and notice given pursuant to the Agreement. No written waiver, in one or more instances, shall be deemed or construed as a continuing waiver of any term or condition of this Agreement. No waiver by either Party shall subsequently affect its right to require a strict performance of this Agreement. 18.6 Cumulative Remedies. Either Party’s exercise of any remedy shall not preclude the exercise of any other remedies, all of which shall be cumulative. A Party shall have the right, in its sole discretion, to determine which remedies are to be exercised and in which order. 18.7 Dispute Resolution. The Parties agree to use all commercially reasonable efforts to resolve issues that arise in connection with the implementation, interpretation, enforcement, performance or nonperformance of any aspect of this Agreement. A Party seeking resolution of a dispute under this subsection shall first identify the nature of the dispute, in writing, and present it to the other Party’s Contract Administrator who shall respond within ten (10) business days. If the respective Contract Administrators are unable to resolve the dispute through good faith consultation and negotiation, each party shall then appoint an additional senior executive to assist the Contract Administrators with resolution. If the matter has not reached a mutually acceptable resolution within 30 days of it first being presented to the Contract Administrators, either party may seek resolution through any other legal process up to and including litigation. This subsection shall not apply to a situation in which immediate action is necessary to preserve life or property. 18.8 Term. This Agreement shall begin on the Effective Date and end on the Expiration Date. The “Effective Date” shall be the date the Agreement is signed by the last Party to execute the Agreement. The “Expiration Date” shall be 11:59.59 on December 31, 2025. Unless otherwise provided herein, the Parties are under no obligation to renew or extend this Page 11 of 12 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER Agreement after the Expiration Date. This Agreement may only be extended by written amendment. 18.9 Notice. 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: To: For North Oakland Transportation Authority: Lynn Gromaski, Executive Director North Oakland Transportation Authority 675 S. Glaspie Oxford, MI, 48371 For Oakland County: Bret Rasegan Planning 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 12 of 12 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER Authorization and Completion of Agreement. The Parties have taken all actions and secured all approvals necessary to authorize and complete this Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign this Agreement and bind the Parties to the terms and conditions contained herein. IN WITNESS WHEREOF, Lynn Gromaski, Executive Director, North Oakland Transportation Authority, hereby acknowledges that he/she has been authorized by a resolution of the North Oakland Transportation Authority, a certified copy of which is attached, to execute this Agreement on behalf of Public Body and hereby accepts and binds Public Body to the terms and conditions of this Agreement. EXECUTED: ____________________________________ DATE: _______________ Lynn Gromaski, Executive Director North Oakland Transportation Authority WITNESSED: ___________________________________ DATE: _______________ North Oakland Transportation Authority IN WITNESS WHEREOF, David T. Woodward, Chairperson, Oakland County Board of Commissioners, hereby acknowledges that he has been authorized by a resolution 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 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 Lynn Gromaski (Mar 14, 2023 10:34 EDT) Lynn Gromaski Mar 14, 2023 Mi#a ' MDona' (Mar 14, 2023 10:40 EDT) 3iFKaHO 0 3F*onaOG Mar 14, 2023 Da1i Tѵ oo2ar (Mar 14, 2023 11:фч EDT)Mar 14, 2023 onn /rin"! ''o2 (Mar 14, 2023 12:11 EDT)Mar 14, 2023 Page 1 of 3 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER EXHIBIT A 2023 NORTH OAKLAND TRANSPORTATION AUTHORITY SCOPE OF TRANSPORTATION SERVICES Scope of Work Summary: Current Services The North Oakland Transportation Authority (NOTA) has been providing transportation services since 2001 to qualifying residents of Addison Twp, Oxford Twp, Orion Twp, Lake Orion, Leonard and Oxford Village. Eligible riders include seniors over 60, people with disabilities, and low- income residents along with a companion rider. NOTA accommodates trips to work, medical appointments, shopping, and community events within the driving boundary. In addition, NOTA operates a trolley with limited service between Downtown Oxford and Downtown Lake Orion. Currently, there is a staff of 9 full time and 29 part time employees that provide administration, dispatch and vehicle operation services. The fleet of 25 vehicles provided 40,897 rides in 2022 (average 150-200 rides per day); weekdays from 6:00 a.m. – 9:00 p.m. and weekends from 8:00 a.m. – 4:00 p.m. The cost was $1 for all one-way rides to Orion, Oxford, and Addison Twp and $2 for all other one-way rides in the service area. NOTA did not charge fares from April 2020 to January 2023 due to COVID. 2023 Service Expansion Utilizing Oakland County Millage Funds •Increase hourly wage rates and benefits to become more competitive in the current job market. •Increase number of routes and frequency. •Adjust cost per stop to $2.00 (two dollars) for all riders. •Create a mobile mechanic position to reduce the off-road time NOTA experiences when vehicles are in need of preventative maintenance or repairs. Page 2 of 3 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER •Hire and train additional staff (drivers and dispatch). •Improve and expand existing parking lot to accommodate new transit vehicles, fuel center and electric vehicle charging station infrastructure. •Improve existing office space to accommodate new employees. •Begin to implement services in expanded geographic service areas on limited basis. •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 NORTH OAKLAND TRANSPORTATION AUTHORITY BUDGET Oakland County Public Transportation Millage Funds: $2,847,605 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 $2,847,605 (Two Million Eight Hundred Forty-seven Thousand Six Hundred and Five Dollars) in Public Transportation Millage Funds to the North Oakland Transportation Authority (NOTA) for the scope of work that is incorporated into this Agreement as Exhibit A. NOTA 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 Page 3 of 3 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER Page 1 of 3 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER EXHIBIT C 2023 NORTH OAKLAND TRANSPORTATION AUTHORITY PERFORMANCE REPORT TEMPLATE Page 2 of 3 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER Page 3 of 3 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER Page 1 of 3 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER EXHIBIT D 2023 NORTH OAKLAND TRANSPORTATION AUTHORITY CONTRACTOR INSURANCE REQUIREMENTS During this Contract, the Contractor shall provide and maintain, at their own expense, all insurance as set forth and marked below, protecting the County against any Claims, as defined in this Contract. The insurance shall be written for not less than any minimum coverage herein specified. Limits of insurance required in no way limit the liability of the Contractor. Primary Coverages Commercial General Liability Occurrence Form including: (a) Premises and Operations; (b) Products and Completed Operations (including On and Off Premises Coverage); (c) Personal and Advertising Injury; (d) Broad Form Property Damage; (e) Broad Form Contractual including coverage for obligations assumed in this Contract; $1,000,000 – Each Occurrence Limit $1,000,000 – Personal & Advertising Injury $2,000,000 – Products & Completed Operations Aggregate Limit $2,000,000 – General Aggregate Limit $ 100,000 – Damage to Premises Rented to You (formally known as Fire Legal Liability) Workers’ Compensation Insurance with limits statutorily required by any applicable Federal or State Law and Employers Liability insurance with limits of no less than $500,000 each accident, $500,000 disease each employee, and $500,000 disease policy limit. 1.☐ Fully Insured or State approved self-insurer. 2.☐ Sole Proprietors must submit a signed Sole Proprietor form. 3.☐ Exempt entities, Partnerships, LLC, etc., must submit a State of Michigan form WC-337 Certificate of Exemption. Public Transportation Commercial Automobile Liability Insurance covering bodily injury or Page 2 of 3 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER property damage arising out of the use of any owned, hired, or non-owned automobile with a combined single limit of $5,000,000 each accident. This requirement is waived if there are no company owned, hired or non-owned automobiles utilized in the performance of this Contract. Commercial Umbrella/Excess Liability Insurance with minimum limits of $10,000,000 each occurrence. Umbrella or Excess Liability coverage shall be no less than following form of primary coverages or broader. This Umbrella/Excess requirement may be met by increasing the primary Commercial General Liability limits to meet the combined limit requirement. Employee Dishonesty Bond including Third-Party Employee Theft Insurance Coverage will be required in the minimum amount of the grant with the County of Oakland named as an additional insured. Supplemental Coverages – As Needed 1.Cyber Liability Insurance with minimum limits of $1,000,000 per claim and $1,000,000 aggregate shall be required when the Contractor has access to County IT systems and/or stores County data electronically. 2.Directors & Officers Liability Insurance with minimum limits of $5,000,000 per claim. 3.Commercial Property Insurance. The Contractor shall be responsible for obtaining and maintaining insurance covering their equipment and personal property against all physical damage. 4.Other Insurance Coverages as may be dictated by the provided product/service and deemed appropriate by the County Risk Management Department. General Insurance Conditions The aforementioned insurance shall be endorsed, as applicable, and shall contain the following terms, conditions, and/or endorsements. All certificates of insurance shall provide evidence of compliance with all required terms, conditions and/or endorsements. Page 3 of 3 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER 1.All policies of insurance shall be on a primary, non-contributory basis with any other insurance or self-insurance carried by the County; 2.The insurance company(s) issuing the policy(s) shall have no recourse against the County for subrogation (policy endorsed written waiver), premiums, deductibles, or assessments under any form. All policies shall be endorsed to provide a written waiver of subrogation in favor of the County; 3.Any and all deductibles or self-insured retentions shall be assumed by and be at the sole risk of the Contractor; 4.Contractors shall be responsible for their own property insurance for all equipment and personal property used and/or stored on County property; 5.The Commercial General Liability and Commercial Automobile Liability policies along with any required supplemental coverages shall be endorsed to name the County of Oakland and it officers, directors, employees, appointees and commissioners as additional insured where permitted by law and policy form; 6.If the Contractor’s insurance policies have higher limits than the minimum coverage requirements stated in this document the higher limits shall apply and in no way shall limit the overall liability assumed by the Contractor under contract. 7.The Contractor shall require its contractors or sub-contractors, not protected under the Contractor’s insurance policies, to procure and maintain insurance with coverages, limits, provisions, and/or clauses equal to those required in this Contract; 8.Certificates of insurance must be provided no less than ten (10) Business Days prior to the County’s execution of the Contract and must bear evidence of all required terms, conditions and endorsements; and provide 30 days’ notice of cancellation/material change endorsement. All insurance carriers must be licensed and approved to do business in the State of Michigan along with the Contractor’s state of domicile and shall have and maintain a minimum A.M. Best’s rating of A- unless otherwise approved by the County Risk Management Department.