The URL can be used to link to this page

Home My WebLink AboutResolutions - 2024.09.19 - 41929 AGENDA ITEM: Access to Transit Program DEPARTMENT: Economic Development - Oakland County Transit Division MEETING: Board of Commissioners DATE: Thursday, September 19, 2024 9:30 AM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2024-4427 _ 24-69 Motion to adopt the attached suggested resolution. ITEM CATEGORY SPONSORED BY Resolution Brendan Johnson INTRODUCTION AND BACKGROUND To further the enhancement and expansion of public transit services enabled by the Oakland County Public Transportation Millage, the Oakland County Transit Division has a goal of making transit stops easier and safer to get to and more comfortable to wait at. To work towards achieving this goal, the Transit Division is seeking to offer a $2 million competitive program for cities, villages, and townships within Oakland County, as detailed in the attached materials, with the purpose of funding capital improvement projects that will improve safe access to SMART, NOTA, WOTA, OPC, and PEX services for riders. Types of projects to be funded by the program may include, but are not limited to: • Universal Accessibility Improvements • On-Road and Off-Road Bicycle Facilities and Amenities • Bus Stop Enhancements and Amenities • Intersection Improvements • Mobility Hub Elements • Filling Gaps in Pedestrian Networks • Street Lighting, Street Trees, and Streetscape • Wayfinding Signage • Park-and-Ride Enhancements Seeking recommendation of a resolution to authorize a one-time appropriation of $2 million from the County's Public Transportation Millage Fund Balance Account for the purpose of establishing the 2024 Access to Transit Program. POLICY ANALYSIS This is a request to establish the 2024 Access to Transit Program. Using Transportation Millage funds, the Program would fund capital improvement projects that will improve safe access to SMART, NOTA, WOTA, OPC, and PEX services for riders. The Program has a competitive application process and eligible applicants are cities, villages, and townships in Oakland County. Two million dollars in funding is available through the Access to Transit Program for 2024. Depending on project applied for, awards can range from $15,000 up to $1 million. The Funding Guidelines of the Program Guide states that a 20% match is required for projects; however, it also notes that if a community has difficulty providing matching funds to contact the Transit Manager regarding having the match requirement waived or partially waived. Clear guidelines on what would exempt a community from the matching requirement are not stated. Scoring criteria for projects has been identified in the Program Guide and will be scored by a selection committee made up of Oakland County Transit and Planning Division staff as well as staff from the transit providers and road agencies (Road Commission for Oakland County (RCOC) and MDOT). Selected projects will be subject to final approval/execution by the Board of Commissioners. 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 Sarah Lagpacan, Principal Planner ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 9/19/2024 David Woodward, Board of Commissioners Approved - 9/19/2024 Walt Herzig, Executive's Office Approved - 9/20/2024 Lisa Brown, Clerk/Register of Deeds Final Approval - 9/23/2024 AGENDA DEADLINE: 09/19/2024 9:30 AM ATTACHMENTS 1. Economic Development - Access to Transit Program (Schedule A) 2. Access to Transit Program Overview 3. 2024-08-15 Access to Transit Program Guide 4. 2024-08-13 Access to Transit Program Interlocal Agreement COMMITTEE TRACKING 2024-09-03 Transit - Refer to Economic Development & Infrastructure 2024-09-11 Economic Development - Recommend to Board 2024-09-19 Full Board - Adopt Motioned by: Commissioner Penny Luebs Seconded by: Commissioner Robert Hoffman Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ann Erickson Gault, Linnie Taylor (17) No: None (0) Abstain: None (0) Absent: Kristen Nelson (1) Passed September 19, 2024 RESOLUTION #2024-4427 _ 24-69 Sponsored By: Brendan Johnson Economic Development - Oakland County Transit Division - Access to Transit Program Chair and Members of the Board: WHEREAS on November 8, 2022, the residents of Oakland County approved the 10-year, .95 Oakland County Public Transportation Millage dedicated to maintaining and expanding public transit services throughout Oakland County; and WHEREAS as a result of the millage, Oakland County now has direct public transit service agreements with SMART, NOTA, WOTA, OPC, and PEX to provide transit services; and WHEREAS to further the enhancement and expansion of public transit services, the Oakland County Transit Division has a goal of making transit stops easier and safer to get to and more comfortable to wait at; and WHEREAS Oakland County is seeking to offer a $2 million competitive program for cities, villages, and townships within Oakland County to fund capital improvement projects that will improve safe access to SMART, NOTA, WOTA, OPC, and PEX services for riders; and WHEREAS investing in mobility and safety improvements, including pedestrian and bicycling facilities in proximity to existing or planned transit services, provides several benefits for local municipalities, transit riders, and the regional transit system, including improving a community’s economic vitality and attracting and/or retaining businesses; and WHEREAS municipalities that are awarded funding will be required to submit semi-annual status reports and a final report with documentation of expenses in order to receive funding. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the creation of the 2024 Access to Transit Program and hereby authorizes a one-time appropriation of $2 million from the County’s Public Transportation Millage Fund Balance Account for the purpose of establishing the 2024 Access to Transit Program. BE IT FURTHER RESOLVED that the 2024 Access to Transit Program shall be administered in conformance with federal, state, and local legal requirements as well as Oakland County Policies and Procedures. BE IT FURTHER RESOLVED that the Oakland County Transit Division shall serve as the program administrator and shall distribute the appropriated funds to the participating municipalities for expenditures incurred that meet the eligibility requirements for the 2024 Access to Transit Program. BE IT FURTHER RESOLVED that the Oakland County Transit Division shall provide a report back to the Transit Ad Hoc Committee and the Economic Development & Infrastructure Committee no later than December 2025 detailing the performance of the program. BE IT FURTHER RESOLVED that the FY 2025 budget shall be amended as reflected in the attached Schedule A – Budget Amendment. Chair, the following Commissioners are sponsoring the foregoing Resolution: Brendan Johnson. Date: September 19, 2024 David Woodward, Commissioner Date: September 20, 2024 Walt Herzig, Chief Deputy County Executive Date: September 23, 2024 Lisa Brown, County Clerk / Register of Deeds COMMITTEE TRACKING 2024-09-03 Transit - Refer to Economic Development & Infrastructure 2024-09-11 Economic Development - Recommend to Board 2024-09-19 Full Board - Adopt Motioned by Commissioner Penny Luebs seconded by Commissioner Robert Hoffman to adopt the attached Resolution: Access to Transit Program. Yes: David Woodward, Michael Spisz, Michael Gingell, Penny Luebs, Karen Joliat, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ann Erickson Gault, Linnie Taylor (17) No: None (0) Abstain: None (0) Absent: Kristen Nelson (1) Passed ATTACHMENTS 1. Economic Development - Access to Transit Program (Schedule A) 2. Access to Transit Program Overview 3. 2024-08-15 Access to Transit Program Guide 4. 2024-08-13 Access to Transit Program Interlocal Agreement 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 September 19, 2024, 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, September 19, 2024. Lisa Brown, Oakland County Clerk / Register of Deeds Oakland County, Michigan ECONOMIC DEVELOPMENT - OAKLAND COUNTY TRANSIT DIVISION - ACCESS TO TRANSIT PROGRAM 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 2024 Amendment FY 2025 Amendment FY 2026 Amendment E Oakland Transit Transit Services FND58800 CCN1090802 SC762011 PRG172155 762011 Transfer to Municipalities -2,000,000 - E Oakland Transit Transit Services FND58800 CCN1090802 SC796500 PRG172155 796500 Budgeted Equity Adjustment -(2,000,000)- Total Expenditures --- Access to Transit Program Overview $2 million to provide financial support to CVTs to implement capital projects that make it… •easier •safer •more comfortable …to get to and wait for SMART, NOTA, WOTA, OPC, and PEX services. 2 Purpose •Universal Accessibility Improvements (ex: pickup/drop-off areas, curb ramps) •On-Road and Off-Road Bicycle Facilities and Amenities (ex: bike lanes, bike repair stations) •Bus Stop Enhancements and Amenities (ex: shelters, electronic schedules) •Intersection Improvements (ex: crosswalk pavement markings, curb extensions) 3 Eligible Projects Bidding & Construction Construction EngineeringEligible Phases:Preliminary Engineering Conceptual Design •Mobility Hub Elements (ex: bikeshare stations) •Filling Gaps in Pedestrian Networks (ex: sidewalk connection between segments) •Street Lighting, Street Trees, and Streetscape •Wayfinding Signage •Park-and-Ride Enhancements •Other Innovative Projects 4 Eligible Projects Bidding & Construction Construction EngineeringEligible Phases:Preliminary Engineering Conceptual Design Selection Criteria: •Proximity to Transit •Access Improvement •Safety Improvement •Public Support •Design •Ridership Increase Potential •Equity Community •Long-Term Maintenance •Universal Accessibility Selection Committee: •Oakland County Staff: •Transit Division •Planning Division •Transit Providers: •SMART •NOTA •WOTA •OPC •Road Agencies (permitting): •MDOT •RCOC 5 How will projects be selected? Grant Award Limits: •Conceptual Design: $15-50k •Preliminary Engineering: $25- 100k •Bidding & Construction: $150k- $1M •Construction Engineering: up to 15% of construction costs (max $150k) 20% Local Match (can be waived or partially waved if community is in need) Payment: •50% up-front County payment to help front costs •Remining grant award paid at project end once semi-annual and final reports with documentation of expenses have been received and reviewed 6 How will projects be funded? 2024: •Sept 30: Call for Projects •Nov 8: Applications due (online form) •Nov-Dec: Selection Committee reviews and scores applications 2025: •Jan: Projects selected and presented to BOC for approval •Feb-Mar: Interlocal agreements executed and initial payments made •Semi-Annually: Awardees submit status reports •Upon Project Completion: Awardees submit Final Report, final payments made, Oakland Transit plaques installed at project sites 7 Timeline 8 OakGov.com/OaklandTransit Eli Cooper, AICP Oakland County Transit Division Manager (248) 975-9876 cooperel@oakgov.com Sarah Lagpacan, AICP Oakland County Transit Principal Planner (248) 294-8233 lagpacans@oakgov.com 2024 Oakland County Access to Transit Program Guide Page 1 of 14 2024 Oakland County Access to Transit Program Guide 2024 Oakland County Access to Transit Program Guide Page 2 of 14 Contents About the Program ........................................................................................................................3 Eligible Applicants .........................................................................................................................5 Eligible Projects.............................................................................................................................5 Funding Guidelines .......................................................................................................................7 Eligible Expenses..........................................................................................................................8 Project Selection Criteria...............................................................................................................9 Project Selection Process ...........................................................................................................10 Timeline.......................................................................................................................................11 How to Apply ...............................................................................................................................11 Contact........................................................................................................................................12 Appendix A: Sample Community Resolution...............................................................................13 2024 Oakland County Access to Transit Program Guide Page 3 of 14 About the Program In 2022, Oakland County voters approved the Oakland County Public Transportation millage. This voter-approved, 10-year, 0.95 millage is dedicated to maintaining and expanding public transit services throughout Oakland County. As a result of the millage, Oakland County now contracts directly with five transit providers that provide four different types of public transportation services: 2024 Oakland County Access to Transit Program Guide Page 4 of 14 The five transit providers are: -Suburban Mobility Authority for Regional Transportation (SMART), which operates Fixed Route, ADA Paratransit, and Microtransit service and also partners with individual municipalities in its service area to provide Community Transit services. -North Oakland Transportation Authority (NOTA), which operates Community Transit in northeastern Oakland County. -OPC Social & Activity Center (OPC), which operates Community Transit in the Rochester area. -People’s Express (PEX), which operates Community Transit in southwestern Oakland County. -Western Oakland Transportation Authority (WOTA), which operates Community Transit in northwestern Oakland County. Community Transit Microtransit (Flex) Fixed Route (ADA Paratransit within ¾ mile) 2024 Oakland County Access to Transit Program Guide Page 5 of 14 To further the enhancement and expansion of public transit services and in keeping with its goal to make transit stops easier and safer to get to and more comfortable to wait at, the Oakland County Transit Division is launching the Oakland County Access to Transit Program in 2024 to fund capital improvement projects that will improve safe access to SMART, NOTA, WOTA, OPC, and PEX services for riders. The Access to Transit Program uses limited Oakland County Public Transportation Millage funds to implement publicly supported projects in Oakland County. Two million dollars in funding is available through the Access to Transit Program for 2024. Investing in mobility and safety improvements, including pedestrian and bicycling facilities in proximity to existing or planned transit services, provides several benefits for local municipalities, transit riders, and the regional transit system, such as: •Provides more transportation options for residents that are unable to drive. •Improves first and last mile connections, enhances safety and makes it easier for riders to get to and from transit service. •Increases transit ridership, which helps reduce congestion and vehicle emissions. •Lowers instances of driving single occupant vehicles and reduces demand for commuter parking. •Supports pedestrian-friendly neighborhoods and promotes public health through active transportation. •Supports transit-oriented development by fostering active, walkable places. •Provides universal access for all riders regardless of age or ability. •Improves a community’s economic vitality and attracts and/or retains businesses. This is a competitive application process and will be scored on how well each applicant’s project aligns with program criteria, as detailed below. If a project is approved, an interlocal agreement will be executed and the sponsoring municipality is responsible for project implementation. Eligible Applicants The Access to Transit Program applications must be submitted by a city, village, or township in Oakland County. A municipality may partner with one or more municipalities on a project; however, only one city, village, or township will act as the applicant. Eligible Projects The Access to Transit Program seeks applications for capital improvement projects that will foster safe access to SMART, NOTA, WOTA, OPC, and PEX services, which may include but are not limited to: •Universal Accessibility Improvements: Pickup and drop-off areas, curb ramps, crosswalks, pedestrian-activated beacons and signals, sidewalk connections, key walks and wayfinding signage. •On-Road and Off-Road Bicycle Facilities and Amenities: Bike lanes, cycle tracks, bicycle signal heads, bicycle parking and storage, bike repair stations and bike tire air pumps. 2024 Oakland County Access to Transit Program Guide Page 6 of 14 •Bus Stop Enhancements and Amenities: Concrete pads, benches, shelters, electronic schedules, bus ticket kiosks, emergency phones, trash and recycling receptacles, and portable device charging station. •Intersection Improvements: Crosswalk pavement markings, curb extensions, refuge islands, pedestrian signal heads, traffic signals, and intersection reconfiguration. •Mobility Hub Elements: Co-location and installation of multi-modal infrastructure including bikeshare stations, and e-scooters. •Filling Gaps in Pedestrian Networks: Connections between segments of shared-use paths, side paths, and sidewalks. •Street Lighting, Street Trees, and Streetscape •Wayfinding Signage: First- and last-mile connections, inter-transit agency transfers, and other signage with a focus on transit access. •Park-and-Ride Enhancements •Other Innovative Projects: Support access to transit improvements (contact the Transit Manager before applying if you have a special project in mind). Project phases eligible for funding include: 1.Conceptual Design: Public engagement, design charrettes, topographic surveys, utility location/identification, conditions assessments, project scoping, conceptual site plans, preliminary cost estimate preparation, and/or environmental assessments. 2.Preliminary Engineering: Soil borings, construction drawings, final specifications, utility coordination, permitting, environmental review, and/or engineers estimate of costs. 3.Bidding and Construction: Prepare final bid documents, project advertising, and costs directly related to construction. 4.Construction Engineering: Construction observation/project oversight, contract administration, construction/survey layout, materials testing, final inspection, and prepare as-built construction plans. Projects should be included, or planned to be included, in a community Master Plan, Transportation Plan, Non-Motorized Plan, or Capital Improvement Plan. The applicant is responsible for providing the public with an adequate opportunity to review and comment on the proposed project. A public hearing is not required; however, the project must be an agenda item at a public meeting of the municipality and open to discussion by the general public. The applicant should hold at least one public meeting to receive input about the project. This meeting must be held within one year of the application deadline. Public meetings focused on review of the community’s Master Plan or Transportation Plan will not meet obligations for public input for the application unless the meeting notice and agenda indicate that the meeting will cover both plan review and the specific project. A resolution supporting the project and committing to matching funds, if the application is selected, passed by the legislative body of the municipality is also required (a sample resolution is provided in Appendix A). 2024 Oakland County Access to Transit Program Guide Page 7 of 14 Funding Guidelines The Access to Transit Program will provide an initial disbursement of 50 percent of the total grant award, which will enable the community to initiate the project. The remaining funds will be disbursed as reimbursement at the end of the project. Semi-annual status reports will be required as the project progresses and a final report with documentation of expenses will be required at the end of the project. Grant awards vary by project phase. Grant award requests must meet the following thresholds: •Conceptual Design: Requests must be between $15,000 and $50,000. •Preliminary Engineering: Requests must be between $25,000 and $100,000. •Bidding and Construction: Requests must be between $150,000 and $1 million. •Construction Engineering: Requests up to 15 percent of construction costs with a maximum request of $150,000. With most projects, a 20 percent match is required. Certain communities may be eligible to have the match requirement waived or partially waived – if your community has difficulty providing matching funds, please contact the Transit Manager. Acceptable match sources are: •General Funds or Local Restricted Funds: Local cash or budgeted funding from the applicant’s general fund or applicable restricted funds such as transportation or recreation. •Force Account Labor: The applicant’s paid employees that will work directly on the construction of the project. This value cannot include project administration or supervision costs but may include preliminary/design engineering or other approved professional services. •Federal or State Funds: Federal or State grant funds that have been awarded (or are pending award) for funding within the project period. •Private or Philanthropy: Funds that have been awarded (or are pending award) for funding within the project period through private donations or philanthropic organizations. •Cash Donations: Cash generated from donations, fundraising, or other similar means. •Donated Labor/Materials: Labor or materials directly related to the construction of the project from sources other than the applicant’s own paid labor. Donated labor will be valued at minimum wage, unless the person is professionally skilled in the work being performed on the project. When a professional is volunteering professional services, the wage rate that this individual is normally paid for performing this service may be charged to the project. Value of donated materials must be documented. The value of donated land will not be counted as match. Applicants seeking local match funding for other grant programs do not need to provide a match, however they must provide the grant application or letter of commitment from the external granting agency. If funding from the Access to Transit Program is awarded, the awardee shall commit to the following responsibilities: 2024 Oakland County Access to Transit Program Guide Page 8 of 14 •Concept design or preliminary engineering projects will subsequently move forward with implementation and construction within a reasonable time frame. •The project must comply with all federal and state requirements regarding accessibility for people with disabilities. •The awardee will coordinate with local transit providers, road agencies, and property owners to obtain all necessary approvals, easements, rights-of-way (ROW), and permits within the proposed project timeline. •The awardee will maintain the project site and any approved project scope items installed for the intended design life. This includes ensuring access that complies with the Americans with Disabilities Act (ADA). •Any contractor or sub-contractor performing work on the project shall comply with the requirements of the Davis Bacon Act / Michigan Prevailing Wage Act. •The design professional for the project will be required to certify that all design and/or construction was completed according to industry standards and that all necessary permits were obtained from and approved by the relevant agencies. •Construction projects must install an Oakland Transit recognition plaque (provided by Oakland County) at the project location and maintain it at that site for a minimum of five (5) years from the date of project completion. Eligible Expenses Only those costs directly associated with the design, preliminary engineering, and construction of the project will be reimbursed. The grant award received will be based on the information included in the application. The municipality will be responsible for all cost overruns or any additional costs needed to complete the project. Extension of the project completion time may be granted at the discretion of the Transit Manager as long as changes do not result in an increase in the grant award (for example: project delay due to permitting). Changes which result in an increase to the grant award can only be made by amending the interlocal agreement. Program administration or supervision expenses will not count toward the match, and the Access to Transit Program will not fund right-of-way acquisition or easements or maintenance equipment. Overhead, maintenance, administration, attorney, and contingency costs are not eligible expenses. 2024 Oakland County Access to Transit Program Guide Page 9 of 14 Project Selection Criteria Applications will be scored based on the following criteria: Proximity to Transit Project proximity to existing or planned public transit services 10 points 0 to 300 feet (1 block) away from a transit stop or high-demand destinations 5 points 300 feet (1 block) to ¼ mile (5-minute walk) away from a transit stop or high- demand destinations 0 points Farther than ¼ mile (5-minute walk) away from a transit stop or high- demand destinations Access Improvement How well the project improves access to public transit services 10 points Fills a critical gap, addresses a critical barrier to accessing transit, or addresses a documented safety issue 5 points Fills a gap, addresses a barrier to accessing transit, and/or addresses a safety issue 0 points Does not fill a gap, address a barrier to accessing transit, or address a safety issue Safety Improvement How well the project improves safety for people accessing public transit services (refer to the Crash Modification Factors Clearinghouse) 10 points Significantly improves safety (crash reduction factor of 30% or more) 5 points Somewhat improves safety (crash reduction factor <30%) 0 points Does not improve safety (no crash reduction factor) Public Support Letters of support and documentation of outreach to members of the general public demonstrating public support for the project (if there is opposition to the proposed project, demonstration of how the applicant is working to address concerns) 5 points Thorough public engagement conducted and complete documentation of public support 3 points Some public engagement conducted and/or some documentation of public support 0 points No public engagement conducted and/or no documentation of public support Design Alignment with National Association of City Transportation Officials (NACTO) design guidance 5 points Closely aligned with NACTO design guidance 3 point Somewhat aligned with NACTO design guidance 0 points Not aligned with NACTO design guidance Ridership Increase Potential To what extent the project increases public transit ridership 5 points Will significantly increase ridership 3 point Will somewhat increase ridership 0 points Will not increase ridership 2024 Oakland County Access to Transit Program Guide Page 10 of 14 Equity Community Project location proximity to a US Department of Transportation-Designated Disadvantaged Census Tract 5 points Within a disadvantaged census tract 3 point Within 1/2-mile of a disadvantaged census tract 0 points Farther than 1/2-mile away from a disadvantaged census tract Long-Term Maintenance To what extent a plan is in place for the long-term maintenance of the project once implemented 5 points Thorough plan developed for maintenance 3 point Plan somewhat developed for maintenance 0 points No plan developed for maintenance Universal Accessibility To what extent the project is built to be accessed by people of all abilities 5 points Meets/exceeds Public Right-of-Way Accessibility Guidelines (PROWAG) with documented engagement with the disability community and/or Universal Design Principals incorporated 3 point Meets/exceeds PROWAG 0 points Does not meet PROWAG Total Score 0-60 points Project Selection Process All applications submitted will be reviewed and scored by a selection committee consisting of Oakland County Transit and Planning Division staff as well as staff from the transit providers and road agencies. The selected projects will be recommended by the Transit Division to the Oakland County Board of Commissioners for final approval. Once a project is approved by the Board of Commissioners, an interlocal agreement will be executed and the sponsoring municipality will be responsible for project implementation. 2024 Oakland County Access to Transit Program Guide Page 11 of 14 Timeline September 30, 2024 Call for Projects and online applications accepted November 8, 2024 by 4:00 p.m. Applications due November- December 2024 Applications are reviewed and scored. Site visits and audits are conducted, if needed (applicants may receive requests for additional information). January 2025 Projects are selected and presented to Oakland County Board of Commissioners for funding approval (successful applicants are notified after Board approval) February- March 2025 Oakland County executes interlocal agreement with city, village, or township and up to 50 percent initial grant award payment is made Semi- annually Awardees submit a semi-annual status report to Oakland County throughout the course of the project by the following deadlines: •July 31 of the current year (for Jan-June) •January 31 of the following year (for July-Dec) Within 60 days of project completion Awardees submit a final report with expense documentation, Oakland County makes final grant award payment, and construction projects receive an Oakland Transit recognition plaque to install at the project location How to Apply Authorized officials of Oakland County cities, villages, and townships can apply for the program at the following link: [insert link] Applications must be submitted on or before November 8, 2024 at 4:00 p.m. An authorized official is the applicant’s representative who has the authority to obligate the community legally and financially to initiate and submit an application on behalf of the community. Typically, this is a senior-level, paid staff person of the local unit of government or the chief elected official of the community. A contractor who may gain financially from the project cannot represent the community at either the application or implementation stage. Applicants may submit more than one project; however, separate applications are required for each project and the applicant must indicate the priority order, with the first application submitted sequentially being the highest priority application. Each application must be a standalone project – that is, not dependent on another project application – in order to be constructed. Potential applicants are strongly encouraged to contact the Transit Manager if they have any questions prior to submitting an application. If a proposed project is located in road right-of-way under the jurisdiction of another entity, such as the Road Commission for Oakland County (RCOC) or the Michigan Department of Transportation (MDOT), applicants should submit letters of support or interest from those entities with the application. If a project is awarded funding, it is the awardees’ responsibility to obtain the required permit(s) from those entities for all work proposed within their rights-of-way. 2024 Oakland County Access to Transit Program Guide Page 12 of 14 Contact Please direct questions about the Access to Transit Program to: Eli Cooper Transit Manager Oakland County Transit Division 248-975-9876 cooperel@oakgov.com 2024 Oakland County Access to Transit Program Guide Page 13 of 14 Appendix A: Sample Community Resolution WHEREAS voters passed the Oakland County Public Transportation Millage in November 2022; and WHEREAS the Oakland County Board of Commissioners appropriated $2 million of Oakland County Public Transportation Millage to create the Oakland County 2024 Access to Transit Program (the “Program”); and WHEREAS the Program seeks to assist cities, villages, and townships in Oakland County to further the enhancement and expansion of public transit services by providing limited matching funds to support their efforts in making transit stops easier and safer to get to and more comfortable to wait at; and WHEREAS the __________________ [Community Name] (the “Community”) desires to submit a Program application for _____________[Name of the project] to _______________[Project description and/or scope]; and WHEREAS the proposed application is supported by the ________________[insert name of community Master Plan or Capital Improvement Plan]; and WHEREAS the _________________[Community Name] has prepared a Program application in the amount of $_________, based on a total project cost of $__________, to fund ________________ [Concept Design, Preliminary Engineering, Bidding/Construction, or Construction Engineering] for the desired and proposed improvements; and NOW THEREFORE BE IT RESOLVED the ___________________ [Community Council/Board] hereby approves the submission of an application to 2024 Access to Transit Program in the amount of $XXXX based on a total project cost of $XXXXXXXX. BE IT FURTHER RESOLVED that if the project is approved, _______________________ [Community Name] will enter into an Interlocal Agreement with Oakland County, which will require the _______________________ [Community Name] to make available a local match and other grant funding through financial commitment of $XXXXX during the 20XX-20XX fiscal years. BE IT FURTHER RESOLVED if Program funding is awarded, _______________________ [Community Name] agrees to comply Program requirements, including commitment to long-term maintenance of the project site and installed scope items and acknowledges all Project related cost overruns be the responsibility of _______________________ [Community Name]. BE IT FURTHER RESOLVED that ______________________________ [Name and Title of Person] will be authorized to sign all Program-related documents on behalf of the _______________________ [Community Name] and take any other action necessary or appropriate on the Community’s behalf to participate in the Program. AYES: NAYES: ABSENT: MOTION APPROVED. 2024 Oakland County Access to Transit Program Guide Page 14 of 14 I HEREBY CERTIFY that the foregoing is a Resolution duly made and passed by _____________________ of ______________________________ at their regular meeting held on _________________, 20__, at _______a.m./p.m., with a quorum present. _______________________________ ______________________________ Clerk Date Page 1 of 26 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT Access to Transit Program Interlocal Agreement Between Oakland County and [Public Body] This Agreement (the “Agreement”) is made between Oakland County, a Municipal and Constitutional Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 (“County”), and the Public Body indicated below (“Public Body”). County and Public Body may be referred to individually as a “Party” and jointly as “Parties”. Purpose of Agreement The purpose of this Agreement is to provide funding to Public Body in exchange for the work to be performed by Public Body for the below named project. The Parties agree to the terms and conditions set forth in this Agreement. Project Number: Public Body Name: Project Title (“Project”): Grant Award (“Grant Award”): Match Amount (“Match Amount”): Total Project Amount: First Grant Award Payment Amount: Final Grant Award Payment Amount: Effective Date: [the date the last Party to this Agreement signs the Agreement] End Date: [anticipated project end date included in application] By signing this Agreement, the below individuals certify they are authorized to sign this Agreement on behalf of their organization and the Parties will fulfill the terms of this Agreement, including any attached Exhibits. COUNTY OF OAKLAND: By:_________________________________________ David T. Woodward PUBLIC BODY: By:________________________________ _______ [Name] [Title], [Organization] [Date] Page 2 of 26 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT Chairperson, Board of Commissioners [Date] Page 3 of 26 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT 1. Agreement Execution: Public Body is required to sign the Agreement and return it to the County within sixty (60) calendar days of the date the Agreement is sent to Public Body. If not, the County may cancel this Agreement and the monies allocated under this Agreement may be issued to another entity, in the County’s sole discretion. 2. Contact Information: This Agreement shall be administered on behalf of the County by the Department of Economic Development – Transit Division. All notices, reports, documents, requests, actions, or other communications required between the County and Public Body shall be submitted to the contacts identified below. By written notice, the Parties may designate a different contact with correlating information. 2.1 Public Body Contact: 2.1.1 Public Body: 2.1.2 Name and Title: 2.1.3 Address: 2.1.4 Telephone Number: 2.1.5 E-Mail Address: 2.2 County Contact: 2.2.1 Name and Title: Eli Cooper, Transit Manager 2.2.2 Address: 2100 Pontiac Lake Road, Bldg 41 West, Waterford, MI 48328 2.2.3 Telephone Number: 248-975-9876 2.2.4 E-Mail Address: cooperel@oakgov.com 3. Project Period: 3.1 Public Body shall complete the Project Scope of Work as set forth and described in Exhibit A within the Project Period. Exhibit A is incorporated as part of this Agreement. 3.2 As defined in this Agreement, “Project Period” means the period of time beginning on the Effective Date and ending on the End Date listed on page 1 of this Agreement. 4. Public Body’s Responsibilities: 4.1 Public Body’s Match Amount requirements are detailed in the Project Budget Exhibit B, which is incorporated as part of this Agreement. 4.2 Public Body shall invoice the County for the First Grant Award Payment Amount as listed on page 1 of this Agreement after this Agreement is executed. 4.3 Public Body shall submit to the County Semi-Annual Status Reports as provided in Exhibit C, which is incorporated as part of this Agreement. 4.4 Prior to submitting an invoice to the County for payment of the Final Grant Award Amount as listed on page 1, Public Body shall contribute the entire Match Amount listed on page 1 and shall submit to the County a Final Report as provided in Exhibit D, which is incorporated as part of this Agreement, by the Agreement End Date or within sixty (60) days of final project completion, whichever date is sooner. 4.5 Public Body shall respond to and be responsible for Freedom of Information Act requests relating to Public Body’s records, data, or other information. 4.6 Public Body must comply with any other reporting requirements regarding the Grant Award and/or this Agreement, as determined by the County. 4.7 Public Body may only use Grant Award for purposes consistent with those specified by the Public Body in its approved Project Scope of Work (Exhibit A) and Project Budget (Exhibit B). 4.8 Any cost overruns incurred to complete the Project shall be the sole responsibility of the Public Body. 5. County’s Responibilities: Page 4 of 26 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT 5.1 The County shall disburse the First Grant Award Payment Amount as listed on page 1 of this Agreement within thirty (30) calendar days of receiving the invoice from the Public Body. 5.2 Within thirty (30) calendar days of the County receiving the Final Report (Exhibit D) from the Public Body, the County will make a determination of Project completion, which may include an on-site inspection and an audit. If the County determines Public Body has satisfactorily completed the Project Scope of Work (Exhibit A), the County shall request an invoice from the Public Body for the Final Grant Award Amount as listed on page 1. 5.3 The County reserves the right to request additional information necessary to substantiate payments. 5.4 The County shall disburse the Final Grant Award Amount as listed on page 1 to the Public Body within thirty (30) calendar days of receiving the invoice from the Public Body. 5.5 The County shall not pay any portion of the Grant Award directly to a contractor or subcontractor. Grant Award shall only be paid to the Public Body. 5.6 Upon issuance of final payment from the County, Public Body releases the County of all Claims against the County arising under this Agreement. Unless otherwise provided in this Agreement or by State law, final payment under this Agreement shall not constitute a waiver of the County’s Claims against Public Body. 6. Public Body Assurances: 6.1 Public Body affirms that all representations made to the County in connection with its application and this grant were accurate, truthful, and complete and remain so. Public Body acknowledges that all representations and information provided have been relied on by the County to provide the Grant Award under this Agreement. Public Body shall promptly notify the County, in writing, of the occurrence of any event or any material change in circumstances which would make any Public Body representation or information untrue or incorrect or otherwise impair Public Body’s ability to fulfill its obligations under this Agreement. 6.2 Public Body shall comply with all applicable local, State, and Federal laws, rules, ordinances, and regulations in the performance of this Agreement, including but not limited to construction of the Project according to the Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 104 Stat. 328 (1990)R and any other barrier free regulations and rules. 6.3 Public Body shall obtain all necessary local, County, and/or State permits, licenses, inspections, and approvals for construction and maintenance of the Project. This Agreement shall not be construed to obligate the County or any other governmental entity to issue any permit or license required for the Project. Public Body shall solely determine what permits or licenses are required for the Project, secure the needed permits or licenses, and remain in compliance with such permits or licenses. Public Body shall retain a copy of all permits and licenses and make them available to the County upon request. 6.4 Public Body shall either: 6.4.1 have control of the real property upon which the Project is located through fee simple title, lease, or other recorded interest; or 6.4.2 have written documentation from the road agency confirming its willingness to allow Public Body to complete construction of the Project in its road right-of-way and maintain the Project. Page 5 of 26 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT 6.5 Public Body shall abide by all State and Federal threatened and endangered species regulations when completing the Project Scope of Work (Exhibit A). 6.6 Public Body shall not discriminate against an employee or an applicant for employment in hiring, any terms and conditions of employment or matters related to employment regardless of race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, genetic information, height, weight, disability, veteran status, familial status, marital status or any other reason, that is unrelated to the person’s ability to perform the duties of a particular job or position, in accordance with applicable Federal and State laws. Public Body further agrees that any subcontract shall contain non-discrimination provisions, which are not less stringent than this provision and binding upon all subcontractors. A breach of this covenant shall be regarded as material breach of this Agreement. 6.7 Public Body shall ensure any contractor or sub-contractor performing work in the Project Scope of Work (Exhibit A) complies with the requirements of the Davis Bacon Act / Michigan Prevailing Wage Act. 6.8 Public Body shall require that no individual be denied access to the Project or Project activities on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, genetic information, height, weight, disability, veteran status, familial status, or marital status. 6.9 Public Body is solely responsible for all activities performed under this Agreement and for the construction and maintenance of the Project. Public Body shall be the sole point of contact regarding contractual matters for the Project, including payment of all charges resulting from the Project. 6.10 Public Body shall require all contractors and subcontractors constructing or performing the Project to comply with this Agreement. 6.11 Public Body shall ensure all contractors and subcontractors constructing and performing the Project are qualified to perform such work. 6.12 Public Body shall be solely responsible for the operation, maintenance, and repair of the Project subject to this Agreement. 6.13 All records related to the Project must be maintained for a minimum of five (5) years after the final payment has been issued to Public Body by the County. 6.14 Public Body shall install an Oakland Transit recognition plaque at the Project site stating that the Project or a portion of the Project was paid for with monies provided by the Oakland County Public Transportation millage. The County, at its sole cost, shall provide the recognition plaque to Public Body. The recognition plaque shall remain at the Project site for a minimum of five (5) years. 7. Setoff or Retention of Funds: 7.1 Public Body shall expend the entire Grant Award under this Agreement by the End Date. Any portion of the Grant Award not used by that date shall be returned to the County. 7.2 In any case where Public Body is required to return an amount of money to the County under this Agreement, Public Body agrees that unless expressly prohibited by law, the County or the Oakland County Treasurer, at their sole option, shall be entitled to set off from any other Public Body funds that are in the County's possession for any reason, including but not limited to, the Oakland County Delinquent Tax Revolving Fund ("DTRF"), if applicable. Any setoff or retention of funds by the County shall be deemed a voluntary assignment of the amount by Public Body to the County. Public Body waives any Claims against the County or its officials for any acts related specifically to the County's offsetting or retaining of Page 6 of 26 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT such amounts. This paragraph shall not limit Public Body's legal right to dispute whether the underlying amount retained by the County was actually due and owing under this Agreement. 7.3 Nothing in this Section shall operate to limit the County’s right to pursue or exercise any other legal rights or remedies under this Agreement or at law against Public Body to secure payment of amounts due to the County should the Grant Award not be used by the End Date. The remedies in this Section shall be available to the County on an ongoing and successive basis if Public Body becomes delinquent in its repayment of unused Grant Award. Notwithstanding any other term and condition in this Agreement, if the County pursues any legal action in any court to secure its repayment of unused Grant Award under this Agreement, Public Body agrees to pay all costs and expenses, including attorney fees and court costs, incurred by the County in the collection of any amount owed by Public Body. 8. Liability: 8.1 The County is not liable or required to operate, maintain, or contribute to the operation or maintenance of the Project or any associated Project activities. 8.2 As used in this Agreement, “Claims” mean any alleged losses, claims, complaints, demands for relief or damages, lawsuits, causes of action, proceedings, judgments, deficiencies, liabilities, penalties, litigation, costs, or expenses including, but not limited to, reimbursement for reasonable attorney fees, witness fees, court costs, investigation expenses, litigation expenses, amounts paid in settlement, and/or other amounts or liabilities of any kind which are incurred by or asserted against a Party, or for which a Party may become legally and/or contractually obligated to pay or defend against, whether direct, indirect, or consequential, whether based upon any alleged violation of the Federal or the State constitution, any Federal or State statute, rule, regulation, or any alleged violation of Federal or State common law, whether commenced or threatened. 8.3 Public Body shall defend any Claim brought against either Party that involves the Project, involves associated Project activities, or that involves title, ownership, or other rights to the real property upon which the Project is located. 8.4 Public Body is responsible for all Claims arising under or in any manner related to the Agreement, the activities authorized by Agreement, or the use and occupancy of the Project. 8.5 Performance of this Agreement is a governmental service and function. This Agreement does not, and is not intended to, impair, divest, delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation, duty, or immunity of the Parties. Nothing in this Agreement shall be construed as a waiver of governmental immunity of either Party. 9. Insurance: 9.1 Public Body shall acquire and maintain insurance or a program of self-insurance, which Public Body deems necessary, to protect it from liability related to construction and/or operation of the Project. The County shall not obtain any insurance or provide any self-insurance for construction and/or operation of the Project. 9.2 Prior to the Public Body entering into a contract to complete the Project Scope of Work (Exhibit A), any contractor for the Project shall produce evidence satisfactory to the County that it maintains insurance coverage in types and amounts defined in Exhibit E and naming the County as an additional insured thereon. 10. Audit and Access to Records: The County reserves the right to conduct programmatic and financial audits of the Project and may withhold payment until the audit is satisfactorily Page 7 of 26 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT completed. Public Body shall maintain all pertinent records and evidence pertaining to this Agreement, including Grant Award and Match Amount, in accordance with generally accepted accounting principles and other procedures specified by the County. The County or any of its duly authorized representatives must have access, upon reasonable notice, to such books, records, documents, and other evidence for the purpose of inspection, audit, and copying. Public Body shall provide proper facilities for such access and inspection. All records must be maintained for a minimum of five (5) years after the final payment has been issued to Public Body by the County. 11. Termination: 11.1 Failure by Public Body to comply with any provision of this Agreement shall be a material breach of this Agreement. Upon breach of the Agreement by Public Body, the County may, in addition to any other remedy provided by law: 11.1.1 Terminate this Agreement; 11.1.2 Withhold and/or cancel future payments to Public Body on any or all current grant projects with the County until the violation is resolved to the satisfaction of the County; 11.1.3 Withhold action on all pending and future grant applications submitted by Public Body to the County; 11.1.4 Require repayment of funds already paid to Public Body under this Agreement; and/or 11.1.5 Require specific performance of the Agreement. 11.2 Upon the date of termination, all outstanding reports and documents are due to the County and after the termination date the County will no longer be liable to pay or reimburse Public Body any outstanding Grant Award. 12. Assignability: Public Body shall not assign or transfer any interest in this Agreement without prior written authorization of the Transit Manager. 13. Successors and Assigns: This Agreement shall be binding upon and benefit the successors and assigns of the Parties. 14. Waiver: Waiver of any term or condition under this Agreement must be in writing. 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 strict performance of this Agreement. 15. Cumulative Remedies: A 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. 16. Changes/Amendments: Any changes to this Agreement requested by Public Body shall be made in writing and sent to the County contact listed in Section 2 of this Agreement. The County may approve or deny such change, in its sole discretion. Except for being granted an administrative no-cost time extension by the Transit Manager, changes requiring an amendment to this Agreement will be executed by the County and Public Body in the same manner as this Agreement. This Agreement cannot be modified unless reduced to writing and signed by both Parties. 17. Severability: If a court of competent jurisdiction finds a term or condition of this Agreement to be illegal or invalid, then the term or condition shall be deemed severed from this Agreement. All other terms or conditions shall remain in full force and effect. 18. Governing Law: This Agreement shall be governed, interpreted, and enforced by the laws of the State of Michigan. Page 8 of 26 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT 19. Counterparts: This Agreement may be executed in one or more counterparts, including facsimile or electronic copies, each of which shall be deemed an original, but all of which shall together constitute one instrument. 20. Third Party Beneficiaries: This Agreement does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to indemnification, right to subrogation and/or any other right in favor of any other person or entity other than the Parties herein. 21. Entire Agreement: This Agreement sets forth all covenants, promises, agreements, conditions, and understandings between the Parties concerning the Project. There are no covenants, promises, agreements, conditions, or understandings, either oral or written, between the Parties other than are herein set forth. 22. Survival of Terms: The Parties understand and agree that all terms and conditions of this Agreement that require continued performance, compliance, or effect beyond the End Date of this Agreement shall survive the End Date and shall be enforceable in the event of a failure to conform or comply. 23. Duration of Interlocal Agreement: This Agreement and any amendments shall be effective when executed by both Parties with resolutions passed by the governing bodies of each Party except as provided in Sections 23.1 and 23.2 below. The approval and terms of this Agreement and any amendments, except as specified below, shall be entered in the official minutes of the governing bodies of each Party. An executed copy of this Agreement and any amendments shall be filed by the County Clerk with the Secretary of State. 23.1 The Transit Manager may grant an administrative no-cost time extension if changes do not result in an increased Grant Award. Changes which result in an increased Grant Award shall require an amendment following the procedure explained in Sections 16 and 23. 23.2 The Chairperson of the Oakland County Board of Commissioners is authorized to sign amendments to the Agreement to add Exhibits that were previously approved by the Board of Commissioners. An amendment signed by the Board Chairperson under this Section must be sent to the Election Division in the County Clerk's Office to be filed with the Agreement once it is signed by both Parties. 23.3 Unless extended by an Amendment, this Agreement shall remain in effect until the End Date or until cancelled, granted an administrative no-cost time extension by the Transit Manager, or terminated by any of the Parties pursuant to the terms of the Agreement. Page 9 of 26 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT Exhibit A Project Scope of Work Project Title: Project Description: Page 10 of 26 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT Page 11 of 26 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT Page 12 of 26 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT Page 13 of 26 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT Page 14 of 26 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT Page 15 of 26 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT Page 16 of 26 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT Page 17 of 26 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT Page 18 of 26 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT Page 19 of 26 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT Page 20 of 26 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT Exhibit B Project Budget Project Scope Item Unit Cost Quantity Total Cost Total Project Budget Funding Source % of Total Project Budget Amount Access to Transit Program Grant Award Match Amount* General Funds or Local Restricted Funds Force Account Labor Federal or State Funds Private or Philanthropy Cash Donations Donated Labor/Materials Total Funding Amount *Refer to the Access to Transit Program Guide for acceptable match sources. Page 21 of 26 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT Exhibit C Semi-Annual Status Report Date: Public Body Name: Public Body Contact: Name and Title: Address: Telephone Number: E-Mail Address: Project Title: Grant Award: Match Amount: Total Project Amount: Project Status Summary: Completed Project Components: Outstanding Project Components: Timeline for Completion: Additional information to be attached: •Photographs of project status •Permits •Budget balance/amount of budget expended •Match Amount allocated and/or expended Page 22 of 26 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT Exhibit D Final Report Date: Public Body Name: Public Body Contact: Name and Title: Address: Telephone Number: E-Mail Address: Project Title: Grant Award: Match Amount: Date and Amount of Contribution of Match Amount: Total Project Amount: Date of Project Completion: Design Professional Certification: □I – the Design Professional for the Project – certify that all design and/or construction was completed according to industry standards and that all necessary permits were obtained from and approved by the relevant agencies. Design Professional Name and Title: Design Professional Signature: Additional information to be attached: •Copies of invoices (not purchase orders or statements) •Contractor releases (documentation that the contractor has been paid) •Copies of canceled checks and/or screen shots of ACH payments made to contractors/suppliers/vendors •Copies of credit card receipts for any credit card transactions •Budget balance/amount of budget expended •Match Amount allocated and/or expended o Documentation of force account labor (if applicable) o Documentation of any donated labor or materials related to construction from sources other than the grantees' own paid labor. Donated labor should be valued at minimum wage unless the person is professionally skilled in the work being performed on the project. When a professional is volunteering professional services, the wage rate this individual is normally paid for performing this service Page 23 of 26 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT may be charged to the project. Value of donated materials must be documented. Value of donated land does not count as match. •Photographs of completed project •Any other relevant information, records or other pertinent documentation, which may be requested by the County. If requested by the County, the Public Body shall provide information concerning the Grant Award to the County in a web-based format. Page 24 of 26 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT Exhibit E 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. Commercial Automobile Liability Insurance covering bodily injury or property damage arising out of the use of any owned, hired, or non-owned automobile with a combined single limit of $1,000,000 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 $2,000,000 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. 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. Page 25 of 26 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT Supplemental Coverages – As Needed 1.Professional Liability/Errors & Omissions Insurance (i.e., Consultants, Technology Vendors, Architects, Engineers, Real Estate Agents, Insurance Agents, Attorneys, etc.) with minimum limits of $1,000,000 per claim and $1,000,000 aggregate shall be required when the Contractor provides professional services that the County relies upon. 2.Cyber Liability Insurance with minimum limits of $1,000,000 per claim and $1,000,000 aggregate shall be required when the Subrecipient has access to County IT systems and/or stores County data electronically. 3.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. 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. 9.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. Page 26 of 26 ACCESS TO TRANSIT PROGRAM INTERLOCAL AGREEMENT