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Council approves SMART municipal/community credit contract with revised indemnification language
Summary
Council approved a perpetual municipal/community credit contract with the Suburban Mobility Authority for Regional Transportation (SMART) directing municipal credits to PECS; the city attorney and SMART agreed to add indemnification language limiting the city's obligation "to the extent provided by law."
The Wixom City Council approved the 2025–2026 municipal and community credit contract with the Suburban Mobility Authority for Regional Transportation (SMART) in the amount of $16,000.93 and authorized the city manager to sign the contract as amended to include limiting indemnification language.
City Manager Brown explained the contract formalizes the ongoing arrangement by which Wixom directs municipal credit funds received from SMART to PECS (a provider operating under an Oakland County/PECS arrangement) on an ongoing basis; the contract moves the arrangement from year-to-year renewal language to a perpetual form that continues until Wixom elects to opt out or request a change. Brown said the city attorney raised concerns about broad indemnification language in SMART's standard contract that would require the city to indemnify SMART for actions by PECS or others. To address that concern, the city attorney and SMART negotiated inserting the phrase "to the extent provided by law" after the word "shall" in the indemnification clause. Brown told council his understanding was SMART would accept that change and asked council to approve the contract as amended.
After brief discussion, council approved the contract as amended and authorized the city manager to sign it.
