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HomeMy WebLinkAboutResolutions - 2024.09.19 - 41930 AGENDA ITEM: Amendment 2024-3 to North Oakland Transportation Authority (NOTA) Interlocal Agreement for Expanded Services 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 #2024-4430 _ 24-70 Motion to adopt the attached suggested resolution. ITEM CATEGORY SPONSORED BY Interlocal Agreement Brendan Johnson INTRODUCTION AND BACKGROUND This request is for the approval of Amendment 2024-3 to the Interlocal Agreement with North Oakland Transportation Authority (NOTA) to support continued services for the Participating Communities and memorializing and confirming services for the residents of Independence, Springfield townships and the City of the Village of Clarkston based on the successful completion of the six-month pilot service. Exhibit B of the amendment includes an increase of $1,300,867 of additional County Millage funds beyond the $4,187,562 provided under Amendment 2024- 1. NOTA’s overall budget is projected to increase from $6,817,184 to $8,041,457. The adjustments include: Income adjustments: County Millage $1,300,867 Non-County Revenue ($76,594) Expense Adjustments: Salaries and Benefits $447, 000 Program Costs ($28,830) Building Costs ($4500) Operating Expenses $105,603 Capital Costs $705, 000 – Including $931,000 for additional Vehicles All the adjustments are directly related to providing continuing and expanded services eligible from the Oakland County Public Transportation Millage. Reductions are based on NOTA’s experience year to date and projections through year’s end. On final approval, the Board Chair is authorized to amend the Interlocal Agreement on behalf of the County. The amendments are reflected in the attached Amended Schedule A – 2024 NOTA's 2024- 3 Amendment POLICY ANALYSIS This is a request to approve Amendment #3 with NOTA to amend the Scope of Work and Budget to continue and expand services for pre-existing Participating and Affiliate Communities and to transition the communities of Independence Township, the City of the Village of Clarkston and Springfield Township from Affiliate to Participating Communities. It includes a request for an additional $1,300,867 in funding from the Oakland County Public Transportation Millage to address increased costs for continuing and newly expanded services. • 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. Residents living in these communities may utilize transportation services provided by NOTA. • In this agreement, the term “Affiliate Community” is defined to include Brandon Township, and Village of Ortonville. Residents living in these communities may utilize transportation services provided by NOTA or their municipality. With this amendment, total funding for 2024 services equals $5,488,429. Over the life of the total contract and including the pending amendment, the total amount allocated would be $8,336,034. HISTORY The original three-year agreement with NOTA was approved February 16, 2023 through Resolution #2023-2589 _ 23-24. The purpose of the agreement was to support and improve transportation services for all residents in the County through the creation and extension of new routes, increase hours of operation and frequency, and fund related capital improvements. On November 16, 2023, Resolution #2023-3501 _ 23-150 approved a no-cost amendment to the NOTA agreement. The purpose of the amendment was to expand their service area and to increase revenues and reallocate their expenses by reallocating budget funds. Amendment #1 to the agreement with NOTA was approved December 7, 2023 through Resolution #2023-3544 _ 23-157. The purpose of the amendment was to provide public transit services for the residents of Oakland County in 2024. Amendment #2 to the agreement with NOTA was approved March 14, 2024 through Resolution #2024-3892 _ 24-12. The purpose of the amendment was to support a demonstration project providing additional public transportation services in Independence and Springfield townships and the City of the Village of Clarkston for a six-month period beginning on, or about, March 1, 2024. 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 - 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 - NOTA 2024 Amendment #3 - Schedule A 2. 2024-3 NOTA Contract Amendment_08142024 3. 2024-3 NOTA Amendment Exhibit A_IT 4. 2024-3 NOTA Amendment Exhibit B_IT v 2 5. 2024 NOTA Contract Amendment - signed 12122023 6. Amendment 2024 2 Signed COMMITTEE TRACKING 2024-09-03 Transit - Refer to Economic Development & Infrastructure 2024-09-11 Economic Development & Infrastructure - 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 #2024-4430 _ 24-70 Sponsored By: Brendan Johnson Economic Development - Oakland County Transit Division - Amendment 2024-3 to North Oakland Transportation Authority (NOTA) Interlocal Agreement for Expanded Services Chair and Members of the Board: WHEREAS the North Oakland Transportation Authority (NOTA) and Oakland County have agreed to Amendment 2024-3 to the Public Transportation Agreement set forth in the attached Amended Exhibit A – Scope of Transportation Services and Amended Exhibit B – Budget, to reflect increases in services and associated revenues and costs which new and amended exhibits are necessary to deliver public transportation services consistent with the Millage. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby approves Amendment 2024-3 to the Public Transportation Agreement between Oakland County and NOTA with the attached Amended Exhibit A – Scope of Transportation Services and Amended Exhibit B – Budget. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners acknowledges an appropriation of $1,300,867 of additional funds beyond what was provided under Amendment 2024-1 from the Oakland County Public Transportation Millage to address increased costs for continuing and newly expanded services. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Manager Transit, at their sole discretion, to grant changes in allocations within the line item budget, being the attached Amended Exhibit B, at the request of NOTA provided that such request shall be presented by NOTA to the Manager Transit in writing, specifying the change requested, the reason(s) for the requested change and verifying that such change will not result in an increase in the total budgeted amount under the attached Amended Exhibit B (i.e., a “no cost” amendment). BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners authorizes the Chair of the Board to execute the Amendment of Agreement on behalf of Oakland County. BE IT FURTHER RESOLVED that the FY 2024 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 & Infrastructure - Recommend to Board 2024-09-19 Full Board - Adopt Motioned by Commissioner Penny Luebs seconded by Commissioner Robert Hoffman to adopt the attached Interlocal Agreement: Amendment 2024-3 to North Oakland Transportation Authority (NOTA) Interlocal Agreement for Expanded Services. 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 - NOTA 2024 Amendment #3 - Schedule A 2. 2024-3 NOTA Contract Amendment_08142024 3. 2024-3 NOTA Amendment Exhibit A_IT 4. 2024-3 NOTA Amendment Exhibit B_IT v 2 5. 2024 NOTA Contract Amendment - signed 12122023 6. Amendment 2024 2 Signed 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 - NOTA 2024-3 Amendment 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 SC730373 PRG172155 730000 Contracted Services 931,000 369,867 - E Oakland Transit Transit Services FND58800 CCN1090802 SC796500 PRG172155 796500 Budgeted Equity Adjustment (931,000)(369,867)- Total Expenditures $-$-$- OAKLAND COUNTY EXECUTIVE DAVID COULTER Transit Division (248) 975-9876 | OaklandCountyTransit@oakgov.com AMENDMENT OF INTERLOCAL CONTRACT: CON00010161 AMENDMENT: 2024-3 AMENDMENT DATE: August 14, 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 St 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 and to transition the communities of Independence Township, the City of the Village of Clarkston and Springfield Township from Affiliate to Participating Communities as described in Exhibit A. OAKLAND COUNTY EXECUTIVE DAVID COULTER Transit Division (248) 975-9876 | OaklandCountyTransit@oakgov.com Page 2 of 3 AMENDMENT OF INTERLOCAL AGREEMENT In addition to and without limiting any of Contractor’s obligations or duties under the Contract, Contractor shall provide County with the Deliverables (goods and/or services) provided in the attached Amended Exhibit A (Scope of Transportation Services) for the values provided therein, which is included and incorporated into this Amendment. The Parties shall comply with the terms in Amended Exhibit A (Scope of Transportation Services). 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). 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. 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 OAKLAND COUNTY EXECUTIVE DAVID COULTER Transit Division (248) 975-9876 | OaklandCountyTransit@oakgov.com Page 3 of 3 AMENDMENT OF INTERLOCAL AGREEMENT 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 4 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER EXHIBIT A AMENDMENT: 2024-3 2024 NORTH OAKLAND TRANSPORTATION AUTHORITY (NOTA) SCOPE OF TRANSPORTATION SERVICES Scope of Work Summary: 1. 2024 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 provide the service as set forth in this Exhibit A on September 1, 2024. d. NOTA shall provide transportation services for residents of the Participating and Affiliate Communities as outlined in Exhibits A and B. Residents of Participating and Affiliate Communities can utilize NOTA transportation services within the driving boundaries as shown on the 2024 NOTA Service Area Map on page 4 of this Exhibit A. e. In addition to continued transportation services for senior, low-income, disabled, and veteran residents to be in place on January 1, 2024, transportation services will be made available to the general public on or before June 30, 2024 based upon mutually acceptable schedule and fares with the priority being given to seniors aged 55 and older, low-income individuals, persons with disabilities, and veterans; however, trip fulfillment is at the discretion of NOTA, subject to its capacity to accommodate such trips. 2. Service Guidelines Page 2 of 4 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER 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. Weekday service hours shall be maintained Monday-Friday from 6:00 a.m. – 9:00 p.m., excluding holidays. c. Weekend service hours shall be maintained on Saturdays from 6:00 a.m. – 4:00 p.m. and Sundays from 7:30 a.m. – 3:30 p.m., excluding holidays. 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. Customer service and ride scheduling call center hours shall be maintained Monday- Friday from 8:00 a.m. – 5:00 p.m., excluding holidays. 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 and Affiliate Communities. c. NOTA will work with other Oakland County transit providers to fulfill trip requests if 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 Page 3 of 4 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER 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. 4. Service Operations a. 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 4 of 4 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER Page 1 of 8 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER EXHIBIT B AMENDMENT: 2024-3 2024 NORTH OAKLAND TRANSPORTATION AUTHORITY (NOTA) BUDGET Oakland County Public Transportation Millage Funds: Total payment not to exceed $5,488,429 to maintain current services and expand services as planning substantiates. 1. 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 $5,488,429 (Five Million Four Hundred Eighty-Eight Thousand Four Hundred Twenty-Nine 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 and/or Article III of the Agreement, the Terms of Payment set forth herein shall expire on December 31, 2024. 2. Fee for Transportation Services The following factors are included in the NOTA fee for transportation services: a. Insurance: Insurance coverages to meet the County Contractor Insurance Requirements as described in Exhibit D. b. Operations: NOTA anticipates an overall increase in operational costs compared to the 2023 budget due to an expanded service area and driving boundary and opening the service to the general public, leading to an anticipated increase in the overall distance of one-way trips and a projected increase in ridership. c. Fuel and Maintenance: NOTA shall be responsible for fueling, cleaning, and all maintenance of vehicles. Vehicles shall be maintained consistent with appropriate industry safety standards. Page 2 of 8 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER d. Fares: NOTA is implementing an updated fare structure, as outlined in Section 6. e. Staff: Hire and train additional staff to enhance capacity and deliver quality services. f. Vehicle Fleet: Take delivery of additional ADA-compliant vehicles to expand the vehicle fleet to meet projected capacity needs and improve service frequency. 3. Payment Schedule 2024 Operations Capital Jan (for Jan-Mar services) $ 794,390.50 $ 1,010,000.00 Apr (for Apr-Jun services) $ 794,390.50 Jul (for Jul-Sept services $ 794,390.50 $ 931,000.00 Oct (for Oct-Dec services) $ 1,164,257.50 TOTAL $ 3,547,429.00 $ 1,941,000.00 a. $1,010,000 has been allocated for capital expenditures for the purchase of Project Vehicle(s): ten (10) ADA-compliant transit vans and three (3) ADA-compliant minivans. This shall be paid by Oakland County to NOTA in an amount not to exceed $1,010,000 (One Million Ten Thousand Dollars) within 30 days of Oakland County receiving notice of delivery of each vehicle from NOTA. b. $931,000 has been allocated for additional capital expenditures for the purchase of Project Vehicle(s): ten (10) ADA-compliant transit vans. This shall be paid by Oakland County to NOTA in an amount not to exceed $931,000 (Nine Hundred Thirty-One Thousand Dollars) within 30 days of Oakland County receiving notice of delivery of each vehicle from NOTA 4. Invoices a. The first payment by the County, after the Agreement is fully executed, will be made within 30 days of receipt of an invoice from NOTA for the amount listed in Section 3. Thereafter, NOTA shall submit an invoice for payment on the first day of each quarter, with the County making payment no later than the last day of the first month of the quarter. 5. Fare Collection Page 3 of 8 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER 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 2024 NOTA Service Area Map as incorporated in Exhibit A. b. NOTA shall charge seniors aged 55 and older, persons with disabilities, low-income individuals, and veterans of Participating Communities a discounted fare of $2.00 per one-way trip within the driving boundary as shown on the 2024 NOTA Service Area Map as incorporated in Exhibit A. c. NOTA may, at its sole discretion, provide trips outside the driving boundary as shown on the 2024 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. d. NOTA may, at its sole discretion, provide trips outside the driving boundary as shown on the 2024 NOTA Service Area Map incorporated in Exhibit A for seniors aged 55 and older, persons with disabilities, low-income individuals, and veterans 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. e. 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. f. Fares for rides will be the sole responsibility of the rider and will be paid at the time of the ride. g. Aides or persons assisting either seniors or persons with disabilities will be permitted to ride at no cost. h. All fares paid by eligible residents are to be retained by NOTA. 6. Capital Expenditures a. NOTA shall take delivery of twenty (20) ADA-compliant transit vans and three (3) ADA- compliant minivans for expanded and general public service, hereinafter referred to Page 4 of 8 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER 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: 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. 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 and repair of these vehicles, consistent with its responsibilities in Section 2(c), 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: Page 5 of 8 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER 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 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. Page 6 of 8 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER 8. Budget Revenues Fares $ 150,000 Oakland County Transit Millage $ 5,488,429 Municipal Credits $ 74,374 Community Credits $ 0 Local Bus Operating Funding (New 2024) $ 1,802,299 Grant Revenue $ 349,713 Local Revenue $ 322 Other Revenue: Miscellaneous $ 176,320 Revenue Total $ 8,041,457 Expenses Salaries and Benefits Administration Salary $ 392,000 Dispatch/Drivers Wages $ 3,031,508 Mechanic/Maintenance Wages $ 0 Grant Payroll Expenses $ 0 Personnel Benefits $ 356,000 Pension/Retirement Benefits $ 173,000 Other: Salary Expenses $ 316,000 Salaries and Benefits Total $ 4,268,508 Program Costs Communication Expenses- Phones, Tablets Etc. $ 67,375 Drug and Alcohol Testing $ 10,490 Fuel - Diesel and Oil $ 330,000 Grant Program Expenses $ 0 Insurance Expenses $ 370,000 Maintenance/Repairs $ 210,000 Other: Program Costs $ 55,778 Program Cost Total $ 1,043,643 Building Costs Building Rent/Lease $ 0 Snow Removal/Landscaping $ 7,000 Utilities $ 20,000 Other: Building Operating Expenses $ 19,455 Building Cost Total $ 46,455 Operating Expenses Advertising/Marketing $ 36,000 Dispatch Software $ 53,000 Page 7 of 8 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER Memberships and Dues $ 0 Office Supplies $ 32,840 Professional Development- Training and Education, Travel, Etc. $ 22,250 Professional Services- Audit, Legal, Website, IT, Other $ 124,843 Trolley Expenses $ 28,000 Other: Administrative Costs $ 0 Operating Expenses Total $ 296,933 Contingency Contingency $ 0 Contingency Total $ 0 Capital Costs Equipment $ 159,918 Expansions- Parking Lots, Building Etc $ 0 Office Capital $ 30,000 Software $ Vehicles $ 1,941,000 Other: Capital Costs $ 255,000 Capital Costs Total $ 2,385,918 Expense Total $ 8,041,457 a. Any changes to line item budget allocations requested by NOTA shall be made in writing, directed to the Manager Transit, 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 Manager Transit shall have then have sole discretion to grant or deny the change, in whole or in part, consistent with the authority that the Manager Transit 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 NOTA for items not specifically budgeted above, or payment by NOTA 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 Page 8 of 8 INTERLOCAL AGREEMENT OAKLAND COUNTY EXECUTIVE, DAVID COULTER obligations incurred, including, but not limited to, real property transactions or capital expenditures not presently budgeted, unless appropriate approval has been obtained from the County. David T. Woodward (Dec 12, 2023 10:30 EST)Dec 12, 2023 Dec 12, 2023 David T. Woodward (Mar 14, 2024 12:32 EDT)Mar 14, 2024 Mar 14, 2024