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Genesee-Lapeer-Shiawassee Region V
P l anning and Development Commission ROOM 223 – 1101 BEACH
STREET FLINT, MICHIGAN 48502-1470 TELEPHONE (810) 257-3010 FAX
(810) 257-3185
An Equal Opportunity Organization JN: dc
K:\trans\REGIONV\Meetings\2018\Agendas\March\3-20-18.docx
DEREK BRADSHAW FISCAL OFFICER
GLS REGION V PLANNING & DEVELOPMENT COMMISSION
GENESEE COUNTY ADMINISTRATION BUILDING
1101 BEACH STREET, ROOM 223
Tuesday, March 20, 2018
6:00 P.M.
AGENDA
I. INTRODUCTION
A. Roll Call
B. Approval of the Minutes of the GLS Region V PDC Regular
Meeting
held January 23, 2018 (attached)
C. Approval of the Agenda of GLS Region V PDC Meeting to be
held
March 20, 2018
D. Opportunity for the Public to Address the GLS Region V
PDC
E. Communications
1. Argentine Township: Notice of Intent to submit a $300,000
grant request to the DNR for the construction of a new non-
motorized trail.
2. Vienna Township: Notice of Intent to submit a $286,382 grant
request to the DNR for the reconstruction of the Neff Road non-
motorized path.
II. ACTION ITEMS
A. Financial Report 1. Report (attached) 2. Checks (attached) 3.
Audit Report (handout)
B. Election of Officers C. Fiscal Year 2018 Budget Adjustment
(attached) D. Regional Prosperity Grant Award Adjustment (attached)
E. I-69 Thumb Region Regional Economic Development
Collaboration Service Agreements (attached)
III. DISCUSSION ITEMS
A. MAR Update (discussion)
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B. I-69 Thumb Region Update (discussion) C. MDOT Safety
Performance Targets (attached)
IV. ANNOUNCEMENTS
V. ADJOURNMENT
Next Meeting – May 15, 2018
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GLS REGION V PDC
January 23, 2018
The GLS Region V Planning and Development Commission met at 6:00
p.m. on
Tuesday, January 23, 2018, in the Conference Room of the Genesee
County
Metropolitan Planning Commission (GCMPC), 1101 Beach Street,
Room 223,
Flint, Michigan.
INTRODUCTION Vice-Chairperson Roy opened the meeting at 6:00
p.m.
A. Roll Call.
Present: Alan Himelhoch, Cheryl Clark, Derek Bradshaw, Gary Roy,
John Horvath,
and Richard Van Haaften.
Absent/Excused: Bill Henry, Charles Van Duren, David Hetfield,
Ed Benning, Jeffrey
Kelley, John Mandelaris, Mary Ann Ketels, Michael Bruff, Mike
Hemmingsen, and
Robert Johnson.
Others Present: Jason Nordberg, Anna Pinter, Damon Fortney, and
Debby
Compton.
*** B. Approval of the Minutes of the GLS Region V PDC Regular
Meeting held November 28, 2017
Motion: Action: Approve, Moved by Richard Van Haaften, Supported
by Cheryl
Clark, to approve the minutes of the GLS Region V regular
meeting held
November 28, 2017 as presented.
Motion passed unanimously.
(Approved minutes are on file in the GCMPC office)
*** C. Approval of the Agenda of GLS Region V PDC Meeting to be
held January 23,
2018
Motion: Action: Approve, Moved by John Horvath, Supported by
Richard Van
Haaften, to approve the GLS Region V agenda for January 23, 2018
as
presented.
Motion passed unanimously.
(Document on file with minutes)
D. Opportunity for the Public to Address the GLS Region V
PDC
No one spoke at this time.
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E. Communications 1. City of Owosso: 2018-2023 Five Year Parks
and Recreation Master Plan
Jason Nordberg stated that the City of Owosso’s Five-Year Parks
and Recreation
Master Plan is for review only. The file was passed around for
the commission to
review.
II. ACTION ITEMS
A. Financial Report
1. Report
Derek Bradshaw advised the commission that the Auditor was in
the
office two weeks ago. They will be submitting their draft
findings to us.
Mr. Bradshaw reviewed the financial report for the period
ending
September 30, 2017. There is a positive fund balance of
$15,054.70. Mr.
Bradshaw advised there is a negative revenue over expenditures
of
$777.70 due to per diems. There is Regional Prosperity money out
there
that is already allocated to projects, it’s just a matter of
getting the
final paperwork to close that line item out. Region V gave
Mr.
Bradshaw the authority to move line items that were within 25%,
but
everything worked out so nothing had to be adjusted.
Motion: Action: Approve, Moved by Cheryl Clark, Supported by
Alan
Himelhoch, to approve the Financial Report as presented.
Motion passed unanimously.
(Documents on file with minutes)
2. Checks
Derek Bradshaw reviewed the checks.
Motion: Action: Approve, Moved by Cheryl Clark, Supported by
Richard Van Haaften, to approve the checks in the amount of
$20,934.20 and to authorize the signing by the proper
authorities.
Motion passed unanimously.
(Documents on file with minutes)
A. May 2018 GLS Region V PDC Meeting Date
Jason Nordberg stated that the May 22nd meeting falls during the
week of a
Furlough day so staff is requesting the meeting be moved up one
week to
May15th.
Motion: Action: Approve, Moved by Richard Van Haaften, Supported
by
Alan Himelhoch, to approve the moving of the May 22nd meeting
date to
May 15th.
Motion passed unanimously.
B. Pass Through Agreement between the Genesee County
Planning
Commission (GCMPC) and the Genesee-Lapeer-Shiawassee Region
V
Planning and Development Commission (Region V)
Jason Nordberg stated that Region V provides funding to the
Genesee
County Metropolitan Planning Commission (GCMPC) to pay for
staff
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3
services to implement the Michigan Department of Transportation
(MDOT)
funded regional transportation work program in Genesee, Lapeer,
and
Shiawassee counties. GCMPC is reimbursed by Region V for staff
services
provided. This year, MDOT is requiring a more formal agreement
between
Region V and GCMPC. The agreement in the amount of $102,000, has
been
reviewed and approved by MDOT, GCMPC, Genesee County
Corporation
Counsel, and the Genesee County Board of Commission. At this
time staff is
requesting that the GLS Region V Planning and Development
Commission
approve the agreement and give Vice-Chairperson, Gary Roy the
authority
to sign the agreement.
Alan Himelhoch stated that he has not reviewed this agreement
and has
not provided any legal advice.
Motion: Action: Approve, Moved by Cheryl Clark, Supported by
Richard
Van Haaften, to approve the agreement between Genesee County
Metropolitan Planning Commission (GCMPC) and the Genesee,
Lapeer,
Shiawassee Region V Planning and Development Commission (Region
V)
and to give Vice-Chairperson, Gary Roy the authority to sign
the
agreement.
Motion passed unanimously.
(Document on file with minutes)
C. Contract for Defense Manufacturing Assistance Program
Anna Pinter stated that we received $50,000 from the Defense
Manufacturing Assistance Program (DMAP) through the University
of
Michigan. Region V staff worked with staff at DMAP and decided
to focus
on housing themes. Data has already been collected including a
Michigan
State Housing Development Authority (MSDHA) Target Market
Analysis within
the last few months and Flint & Genesee County have their
own Target
Market Analysis. This project will look at the existing data and
determine how
to move forward. Two proposals were received in response to the
RFP. One
proposal included all seven counties within the I-69 Thumb
Region, the other
proposal included only three counties. After scoring and
discussion with the
team at DMAP and the economic development partners, it was
determined that CIB Planning, whose proposal included all seven
counties,
was best suited to complete the project. The project will begin
before the
end of the month and will be completed and billed by May 31,
2018.
The University of Michigan, through DMAP, pays the consultant
directly 100%
of the contract amount after Region V reviews and approves the
work.
There is no cost to Region V. Staff is requesting that the GLS
Region V
Planning and Development Commission approve the 3-way
consulting
agreement between the University of Michigan (DMAP), GLS Region
V and
CIB Planning and to give Fiscal Officer, Derek Bradshaw the
authority to sign
the agreement. Discussion ensued.
Motion: Action: Approve, Moved by Richard Van Haaften, Supported
by
John Horvath, to approve the 3-way consulting agreement between
the
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University of Michigan (DMAP), GLS Region V and CIB Planning and
to give
Fiscal Officer, Derek Bradshaw the authority to sign the
agreement.
Motion passed unanimously.
(Document on file with minutes)
D. Fiscal Year 2018 Budget Adjustment
Derek Bradshaw stated that in September a budget estimate was
used as
the amount of carryover funds that would be available for the
Regional
Prosperity Grants. Staff now knows the carryover amounts are
$45,726.38 for
the 2016 grant, and $119,449.18 for the 2017 grant. Mr. Bradshaw
reviewed
the recommended adjustments with the commission.
Motion: Action: Approve, Moved by Cheryl Clark, Supported by
Richard
Van Haaften, to approve the Fiscal Year 2018 Budget Adjustment
as
presented.
Motion passed unanimously.
(Document on file with minutes)
III. DISCUSSION ITEMS
A. MAR Update
Derek Bradshaw advised that the big thing statewide at this time
is the
Regional Prosperity Initiative. The Governor’s last State of the
State speech is
tonight. There is a meeting that MAR is organizing in Lansing to
potentially
talk to some of the legislators throughout the region regarding
funding for
regional planning initiatives.
B. I-69 Thumb Region Update
Anna Pinter advised that staff has not heard on the 2018 grant
yet. Staff had
plans to do an Accelerate Plan update to the five-year Regional
Prosperity
Plan. Staff had a Call with EDA and basically, they said there
really is no
reason to do an update. The original idea was that doing an
update now
would extend it for another five years, but that is not the
case. We must wait
until it gets to the five years. There is a Talent Forum on
January 24, 2018, at
the Lapeer County Country Club that starts at 1:00 p.m. The next
Thumb
Region meeting is scheduled for Wednesday, February 14th.
Discussion
ensued.
C. Transportation Asset Management Council Trainings
Damon Fortney advised that PASER Training is coming up in
February. Mr.
Fortney displayed the dates and places of the training. Staff
will be rating
the Genesee County roads this year. This would be a great
opportunity for
Genesee County local officials to attend one of these trainings,
so they can
ride along with staff and be able to identify the different
pavement
distresses and how to give a rating of the road from 1 to 10. If
you have not
attended the training before you will also need to attend a
webinar.
D. 2017 PASER Reports
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Damon Fortney stated that staff rated Lapeer and Shiawassee
county roads
this year. In the past staff has always done just federal aid
roads. In 2017,
staff rated just Lapeer and Shiawassee federal aid roads and
that allowed
staff to rate local roads in those two counties as well. This
year staff will be
rating Genesee County federal aid and local roads. All public
Act 51 roads,
no unpaved roads will be rated. Mr. Fortney presented a
PowerPoint to the
Commission. Discussion ensued.
E. University of Michigan Transportation Research Institute
(UMTRI) Societal
Damon Fortney presented a PowerPoint to the commission and
advised
that this research report was developed by the University of
Michigan
Transportation Research Institute. It’s called Societal Costs of
Traffic Crashes
and Crime in Michigan. Discussion ensued.
IV. ANNOUNCEMENTS Election of officers will take place at the
next meeting to be held in March.
V. ADJOURNMENT Vice-Chairperson Roy adjourned the meeting at
6:45 p.m.
Motion: Action: Approve, Moved by Richard Van Haaften, Supported
by John
Horvath, to approve the adjournment of this meeting.
Motion passed unanimously.
Respectfully submitted,
Debby Compton, Secretary
Genesee County Metropolitan Planning Commission
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Michigan Department of Natural Resources – Grants Management
NOTICE OF INTENT FOR RECREATION GRANT PROJECTS This information
is requested by authority of Part 19, Act 451 of 1994, to be
considered for a MNRFT grant.
1. Name of Project 2. Date
3a. Identity of the applicant agency, organization, or
individual: 3b. Indicate below the representative of the applicant
to contact for additional information regarding this notice:
Name
Address (Street/PO Box)
City, State, ZIP Code
Telephone
4a. Agency from which assistance will be sought: Michigan
Department of Natural Resources
Name of Program: Michigan Natural Resources Trust Fund
Public Law or USC#: Part 19 of Act 451 of 1994
5. Estimated Cost:
FEDERAL:
6. Estimated date by which time the applicant expects to
formally file an application:
STATE:
OTHER:
TOTAL:
7. Geographic location of the project to be assisted: (indicate
specific location as well as city or county. Attach map if
necessary).
8. Brief description of the proposed project. This will help the
clearinghouse identify agencies of state or local government having
plans, programs, or projects that might be affected by the proposed
project:
8a. Type of project:
8b. Purpose:
8c. General size or scale:
8d. Beneficiaries (persons or institutions benefited):
8e. Indicate the relationship of this project to plans,
programs, and other activities of your agency and other agencies
(attach separate sheet if necessary):
1 PR5750-2 (Rev. 06/13/2017)
Argentine Community Pathway February 22, 2018
Argentine Township Teresa Ciesielski, Grant Coordinator
9048 Silver Lake Road, Linden MI 48451 9254 Pine Walk Pass
810-735-5050 Linden, MI 48451
Brian Saad, Township Supervisor 810-730-3810
✔ ✔
$1,013,400.00 March 20,2018
$300,000.00
$52,500.00Starting at Haviland Beach Drive and Lobdell Road in
Argentine Township, through Linden School Campus, along Silver Lake
Road into Fenton Township and ending at Chestnut Way and Silver
Lake Road at the City Limits of Linden.
Proposed development of a 2.1 miles of 10' wide HMA nonmotorized
multi-use trail.
To provide recreational opportunitites to the southern region of
Genesee County by connecting residents to multiple natural features
in Linden, by providing a nonmotorized trail system for walking,
running, biking, and cross country skiing. This project satisfies
the intentions set by the Argentine Township 5 year Parks and
Recreation Plan, Genesee County Trail Plan, and the MDNR SCORP
objectives.
+/- 2.1 miles
Argentine Township residents, southern Genesee County region,
surrounding communities, trail users throughout Michigan.
This project will provide access to the Genesee County Parks
programming at Clover Beach.
$1,365,900.00
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Michigan Department of Natural Resources – Grants Management
AREA WIDE RECREATION AND PLANNING CLEARINGHOUSES
PLANNING REGION 1. LIVINGSTON, MACOMB, MONROE, OAKLAND, ST.
CLAIR, WASHTENAW, & WAYNE COUNTIES NOTE: ONLINE SUBMISSIONS
ONLY. PAPER SUBMISSIONS WILL BE DENIED. SUBMIT AT www.semcog/org
Clearinghouse Review (Submit email receipt with application)
SOUTHEAST MICHIGAN COUNCIL OF GOVERNMENTS (SEMCOG) 1001 WOODWARD
AVE., SUITE 1400 DETROIT, MI 48226-1904 PHONE: (313) 961-4266 FAX:
(313) 961-4869
PLANNING REGION 2. HILLSDALE, JACKSON, & LENAWEE
COUNTIES
REGION 2 PLANNING COMMISSION JACKSON COUNTY TOWER BLDG., 9TH
FLOOR 120 W MICHIGAN AVE. JACKSON, MI 49201 PHONE: (517) 788-4426
FAX: (517) 788-4635
PLANNING REGION 3. BARRY, BRANCH, CALHOUN, KALAMAZOO, & ST.
JOSEPH COUNTIES
SOUTH CENTRAL MICHIGAN PLANNING COUNCIL 300 S WESTNEDGE AVE
KALAMAZOO, MI 49007 PHONE: (269) 385-0409 FAX:
PLANNING REGION 4. BERRIEN, CASS, & VAN BUREN COUNTIES
SOUTHWEST MICHIGAN PLANNING COMMISSION 376 WEST MAIN STREET,
SUITE 130 BENTON HARBOR, MI 49022-3651 PHONE (269) 925-1137 FAX:
(269) 925-0288
PLANNING REGION 5. GENESEE, LAPEER, & SHIAWASSEE
COUNTIES
GLS REGION V PLANNING AND DEVELOPMENT COMMISSION 1101 BEACH ST.,
ROOM 223 FLINT, MI 48502-1470 PHONE: (810) 257-3010 FAX: (810)
257-3185
PLANNING REGION 6. EATON, INGHAM, & CLINTON COUNTIES
TRI-COUNTY REGIONAL PLANNING COMMISSION 3135 PINE TREE ROAD,
SUITE 2C LANSING, MI 48911-4234 PHONE: (517) 393-0342 FAX: (517)
393-4424
PLANNING REGION 7. ARENAC, BAY, CLARE, GLADWIN, GRATIOT, HURON,
IOSCO, ISABELLA, MIDLAND, OGEMAW, ROSCOMMON, SAGINAW, SANILAC &
TUSCOLA COUNTIES
EAST MICHIGAN COUNCIL OF GOVERNMENTS 3144 DAVENPORT AVE., SUITE
200 SAGINAW, MI 48602-3494 PHONE: (989) 797-0800 FAX: (989)
797-0896
PLANNING REGION 8. ALLEGAN, IONIA, KENT, MECOSTA, MONTCALM,
OSCEOLA, & OTTAWA COUNTIES
WEST MICHIGAN REGIONAL PLANNING COMMISSION 1345 MONROE AVENUE,
NW, SUITE 255 GRAND RAPIDS, MI 49505-4670 PHONE: (616) 774-8400
FAX: (616) 774-0808
PLANNING REGION 9. ALCONA, ALPENA, CHEBOYGAN, CRAWFORD,
MONTMORENCY, OSCODA, OTSEGO, & PRESQUE ISLE COUNTIES
NORTHEAST MICHIGAN COUNCIL OF GOVERNMENTS 80 LIVINGSTON BLVD.,
SUITE U-108 GAYLORD, MI 49734 PHONE: (989) 705-3730 FAX: (989)
732-5578
PLANNING REGION 10. ANTRIM, BENZIE, CHARLEVOIX, EMMET, GRAND
TRAVERSE, KALKASKA, LEELANAU, MANISTEE, MISSAUKEE, & WEXFORD
COUNTIES
NORTHWEST MICHIGAN COUNCIL OF GOVERNMENTS PO BOX 506 TRAVERSE
CITY, MI 49685-0506 PHONE (231) 929-5000 FAX: (231) 929-5012
PLANNING REGION 11. CHIPPEWA, LUCE, & MACKINAC COUNTIES
EASTERN UPPER PENINSULA REGIONAL PLANNING AND DEVELOPMENT
COMMISSION 1118 E. EASTERDAY AVE. SAULT STE. MARIE, MI 49783 PHONE:
(906) 635-1581 FAX: (996) 635-9582
PLANNING REGION 12. ALGER, DELTA, DICKINSON, MARQUETTE,
MENOMINEE, & SCHOOLCRAFT COUNTIES
CENTRAL UPPER PENINSULA PLANNING AND DEVELOPMENT REGIONAL
COMMISSION 2950 COLLEGE AVE. ESCANABA, MI 49829 PHONE: (906)
786-9234 FAX: (906) 786-4442
PLANNING REGION 13. BARAGA, GOGEBIC, HOUGHTON, IRON, KEWEENAW,
& ONTONAGON COUNTIES
WESTERN UPPER PENINSULA REGIONAL PLANNING AND DEVELOPMENT
COMMISSION 326 SHELDON AVE. PO BOX 365 HOUGHTON, MI 49931 PHONE:
(906) 482-7205 FAX: (906) 482-9032
PLANNING REGION 14. LAKE, MASON, MUSKEGON, NEWAYGO, & OCEANA
COUNTIES
WEST MICHIGAN SHORELINE REGIONAL DEVELOPMENT COMMISSION PO BOX
387 / 316 MORRIS AVE., SUITE 340 MUSKEGON, MI 49443-0387 PHONE:
(231) 722-7878 FAX: (231) 722-9362
2 PR5750-2 (Rev. 06/13/2017)
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Michigan Department of Natural Resources – Grants Management
NOTICE OF INTENT FOR RECREATION GRANT PROJECTS This information
is requested by authority of Part 19, Act 451 of 1994, to be
considered for a MNRFT grant.
1. Name of Project 2. Date
3a. Identity of the applicant agency, organization, or
individual: 3b. Indicate below the representative of the applicant
to contact for additional information regarding this notice:
Name
Address (Street/PO Box)
City, State, ZIP Code
Telephone
4a. Agency from which assistance will be sought: Michigan
Department of Natural Resources
Name of Program: Michigan Natural Resources Trust Fund
Public Law or USC#: Part 19 of Act 451 of 1994
5. Estimated Cost:
FEDERAL:
6. Estimated date by which time the applicant expects to
formally file an application:
STATE:
OTHER:
TOTAL:
7. Geographic location of the project to be assisted: (indicate
specific location as well as city or county. Attach map if
necessary).
8. Brief description of the proposed project. This will help the
clearinghouse identify agencies of state or local government having
plans, programs, or projects that might be affected by the proposed
project:
8a. Type of project:
8b. Purpose:
8c. General size or scale:
8d. Beneficiaries (persons or institutions benefited):
8e. Indicate the relationship of this project to plans,
programs, and other activities of your agency and other agencies
(attach separate sheet if necessary):
1 PR5750-2 (Rev. 06/13/2017)
-
Michigan Department of Natural Resources – Grants Management
AREA WIDE RECREATION AND PLANNING CLEARINGHOUSES
PLANNING REGION 1. LIVINGSTON, MACOMB, MONROE, OAKLAND, ST.
CLAIR, WASHTENAW, & WAYNE COUNTIES NOTE: ONLINE SUBMISSIONS
ONLY. PAPER SUBMISSIONS WILL BE DENIED. SUBMIT AT www.semcog/org
Clearinghouse Review (Submit email receipt with application)
SOUTHEAST MICHIGAN COUNCIL OF GOVERNMENTS (SEMCOG) 1001 WOODWARD
AVE., SUITE 1400 DETROIT, MI 48226-1904 PHONE: (313) 961-4266 FAX:
(313) 961-4869
PLANNING REGION 2. HILLSDALE, JACKSON, & LENAWEE
COUNTIES
REGION 2 PLANNING COMMISSION JACKSON COUNTY TOWER BLDG., 9TH
FLOOR 120 W MICHIGAN AVE. JACKSON, MI 49201 PHONE: (517) 788-4426
FAX: (517) 788-4635
PLANNING REGION 3. BARRY, BRANCH, CALHOUN, KALAMAZOO, & ST.
JOSEPH COUNTIES
SOUTH CENTRAL MICHIGAN PLANNING COUNCIL 300 S WESTNEDGE AVE
KALAMAZOO, MI 49007 PHONE: (269) 385-0409 FAX:
PLANNING REGION 4. BERRIEN, CASS, & VAN BUREN COUNTIES
SOUTHWEST MICHIGAN PLANNING COMMISSION 376 WEST MAIN STREET,
SUITE 130 BENTON HARBOR, MI 49022-3651 PHONE (269) 925-1137 FAX:
(269) 925-0288
PLANNING REGION 5. GENESEE, LAPEER, & SHIAWASSEE
COUNTIES
GLS REGION V PLANNING AND DEVELOPMENT COMMISSION 1101 BEACH ST.,
ROOM 223 FLINT, MI 48502-1470 PHONE: (810) 257-3010 FAX: (810)
257-3185
PLANNING REGION 6. EATON, INGHAM, & CLINTON COUNTIES
TRI-COUNTY REGIONAL PLANNING COMMISSION 3135 PINE TREE ROAD,
SUITE 2C LANSING, MI 48911-4234 PHONE: (517) 393-0342 FAX: (517)
393-4424
PLANNING REGION 7. ARENAC, BAY, CLARE, GLADWIN, GRATIOT, HURON,
IOSCO, ISABELLA, MIDLAND, OGEMAW, ROSCOMMON, SAGINAW, SANILAC &
TUSCOLA COUNTIES
EAST MICHIGAN COUNCIL OF GOVERNMENTS 3144 DAVENPORT AVE., SUITE
200 SAGINAW, MI 48602-3494 PHONE: (989) 797-0800 FAX: (989)
797-0896
PLANNING REGION 8. ALLEGAN, IONIA, KENT, MECOSTA, MONTCALM,
OSCEOLA, & OTTAWA COUNTIES
WEST MICHIGAN REGIONAL PLANNING COMMISSION 1345 MONROE AVENUE,
NW, SUITE 255 GRAND RAPIDS, MI 49505-4670 PHONE: (616) 774-8400
FAX: (616) 774-0808
PLANNING REGION 9. ALCONA, ALPENA, CHEBOYGAN, CRAWFORD,
MONTMORENCY, OSCODA, OTSEGO, & PRESQUE ISLE COUNTIES
NORTHEAST MICHIGAN COUNCIL OF GOVERNMENTS 80 LIVINGSTON BLVD.,
SUITE U-108 GAYLORD, MI 49734 PHONE: (989) 705-3730 FAX: (989)
732-5578
PLANNING REGION 10. ANTRIM, BENZIE, CHARLEVOIX, EMMET, GRAND
TRAVERSE, KALKASKA, LEELANAU, MANISTEE, MISSAUKEE, & WEXFORD
COUNTIES
NORTHWEST MICHIGAN COUNCIL OF GOVERNMENTS PO BOX 506 TRAVERSE
CITY, MI 49685-0506 PHONE (231) 929-5000 FAX: (231) 929-5012
PLANNING REGION 11. CHIPPEWA, LUCE, & MACKINAC COUNTIES
EASTERN UPPER PENINSULA REGIONAL PLANNING AND DEVELOPMENT
COMMISSION 1118 E. EASTERDAY AVE. SAULT STE. MARIE, MI 49783 PHONE:
(906) 635-1581 FAX: (996) 635-9582
PLANNING REGION 12. ALGER, DELTA, DICKINSON, MARQUETTE,
MENOMINEE, & SCHOOLCRAFT COUNTIES
CENTRAL UPPER PENINSULA PLANNING AND DEVELOPMENT REGIONAL
COMMISSION 2950 COLLEGE AVE. ESCANABA, MI 49829 PHONE: (906)
786-9234 FAX: (906) 786-4442
PLANNING REGION 13. BARAGA, GOGEBIC, HOUGHTON, IRON, KEWEENAW,
& ONTONAGON COUNTIES
WESTERN UPPER PENINSULA REGIONAL PLANNING AND DEVELOPMENT
COMMISSION 326 SHELDON AVE. PO BOX 365 HOUGHTON, MI 49931 PHONE:
(906) 482-7205 FAX: (906) 482-9032
PLANNING REGION 14. LAKE, MASON, MUSKEGON, NEWAYGO, & OCEANA
COUNTIES
WEST MICHIGAN SHORELINE REGIONAL DEVELOPMENT COMMISSION PO BOX
387 / 316 MORRIS AVE., SUITE 340 MUSKEGON, MI 49443-0387 PHONE:
(231) 722-7878 FAX: (231) 722-9362
2 PR5750-2 (Rev. 06/13/2017)
http://www.semcog/org
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GLS REGION V PLANNING DEVELOPMENT COMMISSIONCHECK DISBURSEMENT
VOUCHER
March 20, 2018
PAID TO DESCRIPTION CHECK# AMOUNTCenter for Technology &
Training 2018 PASER Training 9092 20.00City of Flushing PASER Data
Collection 9093 313.97Damon Fortney 2017 PASER Survey 9094
110.50Genesee County Road Commission Asset Management 9095
1,223.70GCMPC 9096 53,690.04I-69 Regional Development Corp Local
Match - USDA Loan 9097 24,206.27Lapeer ISD Talent Tour 9098
350.00Lapeer County Road Commission Asset Management 9099
5,526.07Jacob Maurer PASER Survey 9100 25.50Shiawassee County Road
Commission Asset Management 9101 3,825.16Tuscola Technology Center
Talent Tour 9102 450.00
TOTAL 89,741.21
II A 2
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Genesee-Lapeer-Shiawassee Region V P l anning and Development
Commission ROOM 223 – 1101 BEACH STREET FLINT, MICHIGAN 48502-1470
TELEPHONE (810) 257-3010 FAX (810) 257-3185
An Equal Opportunity Organization
DEREK BRADSHAW FISCAL OFFICER
MEMORANDUM
TO: GLS Region V Planning and Development Commission
FROM: Derek Bradshaw, Fiscal Officer
DATE: March 20, 2018
SUBJECT: Fiscal Year 2018 Budget Adjustment
In August 2017, an estimate was used as the amount of Regional
Prosperity funds
that would be available on October 1, 2017. The audit has been
completed, and
that estimate needs to be adjusted to the September 30, 2017
actual amount.
Within the new carryover amount, the below adjustment is
recommended.
Decrease Revenue by $ 27,713.06
Decrease Supplies by $ 1,289.00
Decrease Projects by $ 26,424.06
At this time, I am requesting approval of the above budget
adjustment.
-
Genesee-Lapeer-Shiawassee Region V P l anning and Development
Commission ROOM 223 – 1101 BEACH STREET FLINT, MICHIGAN 48502-1470
TELEPHONE (810) 257-3010 FAX (810) 257-3185
K:\trans\REGIONV\Meetings\2018\Region 6 Budget
Revisions.docx
An Equal Opportunity Organization
II D
DEREK BRADSHAW FISCAL OFFICER
MEMORANDUM
TO: GLS Region V Planning and Development Commission
FROM: Derek Bradshaw, Fiscal Officer
DATE: March 20, 2018
SUBJECT: Regional Prosperity Grant Award Adjustment
A final grant award of $180,897 has been approved for 2018
Regional Prosperity
Initiative funding. At this time, I am requesting approval of
the below budget
adjustments.
Regional Prosperity Budget
Consultants-100% Staff 32,947
Supplies 850
Projects 107,000
RPI County Leads 40,100
State Revenue $180,897
This is based on the revised RPI budget (attached) to be
submitted to the State
for final approval.
-
I-69
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$
180,
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00$
OR
IGIN
AL
REV
ISED
-
Genesee-Lapeer-Shiawassee Region V P l anning and Development
Commission ROOM 223 – 1101 BEACH STREET FLINT, MICHIGAN 48502-1470
TELEPHONE (810) 257-3010 FAX (810) 257-3185
An Equal Opportunity Organization
AP:dc II D k:\trans\regionv\meetings\2018\region 6 ed
moas.docx
DEREK BRADSHAW FISCAL OFFICER
MEMORANDUM
TO: Members of the GLS Region V Planning and Development
Commission
FROM: Anna Pinter, Planner III
Genesee County Metropolitan Planning Commission
DATE: March 20, 2018
SUBJECT: I-69 Thumb Region Regional Economic Development
Collaboration
Service Agreements The I-69 Thumb Region application for 2018
Regional Prosperity Initiative funding
was awarded in February. A portion of the budget is allocated
for the Regional
Economic Development Collaboration which will continue the great
work being
done by the six economic development leads for the seven
counties. The
economic development agencies continue to act as county leads in
supporting
the I-69 Thumb Region planning process, recruiting participants
and coordinating
activities and outcomes the last four years. The leadership of
these agencies has
been essential to the high level of participation and
coordination in the Regional
Prosperity Initiative to this point.
Attached are six consulting services agreements, one for each
lead economic
development agency in the seven counties (Huron and Sanilac
share one
economic development agency). The language in the agreements is
very similar
to the language approved in previous years.
Staff requests that the GLS Region V Planning and Development
Commission
approve the agreements with each of the six economic development
agencies
and the authority for Derek Bradshaw, Fiscal Officer, to sign
the agreements, a
copy of which is to be placed on file with the minutes of the
March 20, 2018
meeting of this Commission.
-
K:\regionalprosperity\MOAs\2018\Tuscola County Services
Agreement.docx 1
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made between the Genesee Lapeer Shiawassee
Region V Planning and Development Commission (“Region V”), with a
principal place of business at 1101 Beach Street, Room 223, Flint,
Michigan 48502, and the Tuscola County Economic Development
Corporation (“Contractor”), with its principal place of business at
141 S. Almer Street, Caro, Michigan 48723.
1. Term of Agreement. This Agreement will become effective March
20, 2018, expiring
December 31, 2018. This Agreement may be extended or renewed by
written agreement signed by both parties. All provisions of this
Agreement shall apply to all services and all periods of time in
which the Contractor renders services for Region V.
2. Termination for Cause. In the event either party wishes to
terminate this Agreement, it may
be terminated only for default in the terms of the Agreement by
either party to this Agreement. In the event either party is in
default of any terms or conditions of this Agreement, the
non-defaulting party shall provide written notice specifying in
sufficient detail to explain to the other party, the claimed
default. The defaulting party shall then have ten (10) days to cure
said default. If, in the opinion of the non-defaulting party, the
defaulting party has not cured such default within said ten (10)
day period, the non-defaulting party may send an additional written
notice to the defaulting party indicating the reason it believes
such default has not been cured and that this Agreement is
terminated. Termination by Region V shall not relieve Region V of
the obligation of paying Contractor for services rendered prior to
the time of termination.
3. Termination for Convenience. If Region V or the Contractor
determines that it is in their best
interests, either party may terminate this Agreement upon thirty
(30) days’ written notice to the other party.
Region V shall pay for all work properly performed up to the
effective date of the notice of termination.
4. Services to be Performed. Contractor agrees to provide to
Region V, in general terms,
assistance among the areas described below.
Serve as lead economic development agency for Tuscola County –
support the Regional Prosperity Initiative (RPI) planning process
and Partnership Projects, continue to recruit participants, and
help to coordinate RPI activities and outcomes in the I-69 Thumb
Region (Region 6).
In addition to the services described above, Contractor agrees
to provide to Region V specific services described on the addendum
hereto.
5. Payment. As Consideration for the services to be performed by
Contractor, Region V agrees
-
K:\regionalprosperity\MOAs\2018\Tuscola County Services
Agreement.docx 2
to pay Contractor in accordance with the terms set forth on the
addendum attached hereto. Such payments by Region V to Contractor
will cover all expenses incurred by Contractor pursuant to this
Agreement, unless otherwise specified in the addendum, including,
but not limited to automobile and other travel expense within the
local geographic area of the assignment, travel time, meals,
telephone and cell phone expense, insurance premiums, all salary
and other compensation paid to employees or other contract
personnel Contractor hires to complete work under this Agreement
and other related costs for exercising Contractor’s duties. In the
event travel outside of the local geographic area is requested by
Region V, Contractor will honor such request provided Region V
agrees, in advance, to pay the direct costs incurred by Contractor
as a result of such travel.
6. Terms of Payment. Contractor shall invoice Region V as set
forth in the addendum hereto,
for services rendered and Region V agrees to pay Contractor
promptly pursuant to the terms set forth in the attached
addendum.
7. Special Projects and Expenses. Special projects, outside
specified services to be performed
must be approved in advance, in writing, by both Region V and
Contractor. 8. Materials. Contractor will furnish all materials,
equipment, and supplies used to provide the
services required by this Agreement. 9. Independent Contractor
Status. The parties agree that Contractor is an independent
contractor, and that neither the Contractor nor the Contractor’s
employees or contract personnel are, or shall be deemed, employees
of Region V. In its capacity as an independent contractor,
Contractor agrees to and represents the following:
• Contractor has the right and does fully intend to perform
consulting or other
services for third parties during the term of this Agreement •
Contractor has the sole right to control and direct the means,
manner and
method by which the services required by this Agreement will be
performed. • Contractor has the right to perform the services
required by this Agreement
at any place or location and at such times as Contractor may
determine. • Contractor has the right to hire assistants as
subcontractors, or to use
employees to provide the services required by this agreement. •
The services required by this Agreement shall be performed by
Contractor, or
Contractor’s employees or contract personnel and Region V shall
not hire, supervise or pay any assistants to assist Contractor.
• Neither Contractor or Contractor’s employees or contract
personnel shall receive any training from Region V in the
professional skills necessary to perform the services required by
the Agreement.
• Neither Contractor or Contractor’s employees or contract
personnel shall be required by Region V to devote full time to the
performance of the services required by this Agreement; provided,
however, Contractor shall devote such time to the Services as is
necessary to perform them in a competent, thorough
-
K:\regionalprosperity\MOAs\2018\Tuscola County Services
Agreement.docx 3
and professional manner • The Contractor does not receive the
majority of its annual compensation from
Region V.
The parties acknowledge and agree that Region V is entering into
this Agreement relying upon the representations made by the
Contractor relative to its independent contractor status.
10. Permits and Licenses. Contractor declares (and covenants)
that Contractor has complied
(and, during the term of this Agreement, shall comply) with all
federal, state, and local laws, requiring business permits,
certificates and licenses required to carry out the Services.
11. State and Federal Taxes. Region V will not:
• Withhold FICA (Social Security and Medicare taxes) from
Contactor’s payments or make FICA payments on Contractor’s
behalf,
• Make state or federal unemployment compensation contributions
on Contractor’s behalf, or withhold state or federal income tax
from the Service’s Fees.
• Contractor shall pay all taxes incurred while performing
services under this Agreement, including applicable income taxes
and any applicable FICA taxes, including any self employment
taxes.
12. Fringe Benefits. Contractor understands that neither
Contractor nor Contractor’s employees
or contract personnel are eligible to participate in any
employee pension, health, vacation pay, sick pay or other fringe
benefit plan of Region V.
13. Worker’s Compensation. Region V shall not obtain worker’s
compensation insurance on
behalf of Contractor or Contractor’s employees. If Contractor
hires employees to perform any work under this Agreement,
Contractor will cover them with worker’s compensation insurance and
provide Region V with a certificate of worker’s compensation
insurance before the employees begin the work.
14. Unemployment Compensation. Region V shall not make state or
federal unemployment
compensation payments on behalf of Contractor or Contractor’s
employees or contract personnel. Contractor will not be entitled to
these benefits in connection with work performed under this
Agreement. In the event Contractor files petition for and receives
unemployment compensation, the total amount of unemployment
compensation awarded to and received by Contractor shall be
deducted from and be an offset against the amount of compensation
due and payable to Contractor by Region V under this Agreement.
15. Entire Agreement. This is the entire Agreement between
Contractor and Region V. 16. Modifying the Agreement. This
Agreement may be modified only by a writing signed by both
parties.
-
K:\regionalprosperity\MOAs\2018\Tuscola County Services
Agreement.docx 4
17. Confidentiality. Contractor will not disclose or use, either
during or after the term of this Agreement, any proprietary or
confidential information of Region V without Region V’s prior
written permission except to the extent necessary to perform
services on Region V’s behalf. Proprietary or confidential
information includes:
• the written, printed, graphic or electronically recorded
materials furnished by Region V for Contractor to use, and
• business plans, customer lists, operating procedures, trade
secrets, design formulas, know-how and processes, computer programs
and inventories, discoveries and improvements of any kind, and
• information belonging to customers and suppliers of Region V
about whom Contractor gained knowledge as a result of Contractor’s
services to Region V. Contractor shall not be restricted in using
any material which is publicly available, already in Contractor’s
possession or known to Contractor without restriction, or which is
rightfully in the possession or control of Contractor from sources
other than Region V. Upon termination of Contractor’s services to
Region V, or at Region V’s request, Contractor shall deliver to
Region V all materials in Contractor’s possession relating to
Region V’s business.
• The Covenant agreements in this paragraph shall survive the
termination (for any reason) or breach of this Agreement.
18. Limit on Liability. Region V understands and agrees
Contractor is providing, directly or
through its sub-contractor, consulting services. Implementation
by Region V of any recommendations made by Contractor pursuant to
the terms of this Agreement, is at the sole discretion of Region V
and at the sole cost and expense of Region V. Region V understands
and agrees that the liability of Contractor for any acts performed
by Contractor, or its Sub-Contractors, pursuant to the terms of
this Agreement shall not exceed the total amount paid by Region V
to Contractor, at any time, pursuant to the terms of this
Agreement.
19. Contractor’s Retained Right to Disclose Relationship Between
Region V and Contractor to
Third Parties. Contractor retains the right to disclose the fact
that Region V entered into this Agreement with Contractor.
Contractor may desire to disclose further positive details
concerning results obtained by Region V as a result of Region V
entering into this Agreement with Contractor. In such case,
Contractor will disclose to Region V what information it desires to
disclose to third-parties or to use in various promotional
materials and Region V will have the opportunity to comment on and
approve the same. In such case, Contractor will provide to Region V
the information it wishes to disclose to third-parties or utilize
in its promotional materials. Region V will have thirty (30) days
to comment on and approve or disapprove and/or come to an Agreement
with Contractor as to what information may or may not be disclosed
to third-parties or utilized in Contractor’s promotional materials.
In the event Contractor provides such materials to Region V and
Region V does not respond to Contractor within thirty (30) days,
Contractor will continue to retain the right to disclose the fact
that Region V entered into the Agreement with Contractor.
-
K:\regionalprosperity\MOAs\2018\Tuscola County Services
Agreement.docx 5
20. Dispute Resolution. Any and all disputes, controversies, or
claims arising out of or in connection with or relating to this
Agreement, or any breach or alleged breach thereof, and any claim
that Region V violated any state or federal statutes, common law
doctrine, or committed any tort with respect to Contractor shall,
upon request of either party, be submitted to and settled by
arbitration in the State of Michigan pursuant to the rules, then in
effect, of the American Arbitration Association (or any other place
or under any other form of arbitration mutually acceptable to the
parties involved). This Agreement to Arbitrate shall be
specifically enforceable under the prevailing arbitration law.
Notices of demand for arbitration shall be filed, in writing, with
the other party to this Agreement and with American Arbitration
Association. The demand for arbitration shall be made within a
reasonable time after the claim, dispute or other matter in
question arose where the party asserting the claim should
reasonably have been aware of the same, but in no event later than
the applicable Michigan Statute of Limitations. Cost of arbitration
shall be allocated by the arbitrator; provided, that each party
shall pay for and bear the cost of his own experts, evidence and
attorney’s fees. Judgment upon the award rendered by the arbitrator
may be entered in any court having jurisdiction to do so.
21. Applicable Law. This Agreement will be governed by the laws
of the State of Michigan. 22. Notices. All notices or
communications required or permitted to be given to a party to
this
Agreement, shall be in writing and shall be personally
delivered; sent by registered or certified mail, postage prepaid,
return receipt requested; or sent by an overnight express courier
service that provides written confirmation of delivery, to Region V
at 1101 Beach Street, Room 223, Flint, Michigan 48502 and to
Contractor at 141 S. Almer Street, Caro, Michigan 48723. Each such
notice or other communication shall be deemed given, delivered, and
received upon actual receipt, except that if it is mailed in
accordance with this paragraph, then it shall be deemed given,
delivered, and received on the delivery date or the date on which
delivery is refused by the addressee, in either case, in accordance
with the United States Postal Service’s return receipt. Any party
to this Agreement may give a notice of change of its address to the
other party to this Agreement.
[SIGNATURE PAGE TO FOLLOW]
-
K:\regionalprosperity\MOAs\2018\Tuscola County Services
Agreement.docx 6
Signatures: Genesee Lapeer Shiawassee Region V Planning and
Development Commission By:__________________________________
Date:_________________________ __________________________________
____________________________ Printed Name Title Tuscola County
Economic Development Corporation
By:_________________________________
Date:__________________________ __________________________________
____________________________ Printed Name Title
-
K:\regionalprosperity\MOAs\2018\Tuscola County Services
Agreement.docx 7
Addendum
Project Deliverables:
• Representation, input, and projects representing the concerns
of Tuscola County, relevant to the region
• Complete successful Partnership Projects, specifically those
focused on economic development activities
Project Tasks:
• Provide general consultation and support to Region V regarding
the RPI Partnership Projects • Support the recruitment and
selection of any contracted planning consultant • Maximize
leveraged resources
o Coordinate planning and project activities in cooperation with
Region V o Provide existing research and data relevant for regional
economic growth o Help to align regional projects and economic
opportunities already funded and
underway in Region 6
• Recruitment and convening of required partners from Tuscola
County • Serve as liaison with other regional entities
Project Schedule: These Project Tasks will occur throughout the
planning process (January – December 2018). Project Cost: Economic
Development Support Tuscola County - $2,900 Project Payment
Schedule: May 15, 2018 - $966.00 (Invoice and summary due by May 4,
2018) July 24, 2018 - $966.00 (Invoice and summary due by July 13,
2018) September 25, 2018 - $968.00 (Invoice and summary due by
September 14, 2018) Payment Requests to Region V shall include an
invoice and a summary outlining the activities completed under this
service agreement. Upon satisfactory submission of payment request,
funds will be remitted within 30 days.
-
K:\regionalprosperity\MOAs\2018\St. Clair County Services
Agreement.docx 1
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made between the Genesee Lapeer Shiawassee
Region V Planning and Development Commission (“Region V”), with a
principal place of business at 1101 Beach Street, Room 223, Flint,
Michigan 48502, and the Economic Development Alliance of St. Clair
County (“Contractor”), with its principal place of business at 735
Erie Street, Suite 250, Port Huron, Michigan 48060.
1. Term of Agreement. This Agreement will become effective March
20, 2018, expiring
December 31, 2018. This Agreement may be extended or renewed by
written agreement signed by both parties. All provisions of this
Agreement shall apply to all services and all periods of time in
which the Contractor renders services for Region V.
2. Termination for Cause. In the event either party wishes to
terminate this Agreement, it may
be terminated only for default in the terms of the Agreement by
either party to this Agreement. In the event either party is in
default of any terms or conditions of this Agreement, the
non-defaulting party shall provide written notice specifying in
sufficient detail to explain to the other party, the claimed
default. The defaulting party shall then have ten (10) days to cure
said default. If, in the opinion of the non-defaulting party, the
defaulting party has not cured such default within said ten (10)
day period, the non-defaulting party may send an additional written
notice to the defaulting party indicating the reason it believes
such default has not been cured and that this Agreement is
terminated. Termination by Region V shall not relieve Region V of
the obligation of paying Contractor for services rendered prior to
the time of termination.
3. Termination for Convenience. If Region V or the Contractor
determines that it is in their best
interests, either party may terminate this Agreement upon thirty
(30) days’ written notice to the other party.
Region V shall pay for all work properly performed up to the
effective date of the notice of termination.
4. Services to be Performed. Contractor agrees to provide to
Region V, in general terms,
assistance among the areas described below.
Serve as lead economic development agency for St. Clair County –
support the Regional Prosperity Initiative (RPI) planning process
and Partnership Projects, continue to recruit participants, and
help to coordinate RPI activities and outcomes in the I-69 Thumb
Region (Region 6).
In addition to the services described above, Contractor agrees
to provide to Region V specific services described on the addendum
hereto.
5. Payment. As Consideration for the services to be performed by
Contractor, Region V agrees
-
K:\regionalprosperity\MOAs\2018\St. Clair County Services
Agreement.docx 2
to pay Contractor in accordance with the terms set forth on the
addendum attached hereto. Such payments by Region V to Contractor
will cover all expenses incurred by Contractor pursuant to this
Agreement, unless otherwise specified in the addendum, including,
but not limited to automobile and other travel expense within the
local geographic area of the assignment, travel time, meals,
telephone and cell phone expense, insurance premiums, all salary
and other compensation paid to employees or other contract
personnel Contractor hires to complete work under this Agreement
and other related costs for exercising Contractor’s duties. In the
event travel outside of the local geographic area is requested by
Region V, Contractor will honor such request provided Region V
agrees, in advance, to pay the direct costs incurred by Contractor
as a result of such travel.
6. Terms of Payment. Contractor shall invoice Region V as set
forth in the addendum hereto,
for services rendered and Region V agrees to pay Contractor
promptly pursuant to the terms set forth in the attached
addendum.
7. Special Projects and Expenses. Special projects, outside
specified services to be performed
must be approved in advance, in writing, by both Region V and
Contractor. 8. Materials. Contractor will furnish all materials,
equipment, and supplies used to provide the
services required by this Agreement. 9. Independent Contractor
Status. The parties agree that Contractor is an independent
contractor, and that neither the Contractor nor the Contractor’s
employees or contract personnel are, or shall be deemed, employees
of Region V. In its capacity as an independent contractor,
Contractor agrees to and represents the following:
• Contractor has the right and does fully intend to perform
consulting or other
services for third parties during the term of this Agreement •
Contractor has the sole right to control and direct the means,
manner and
method by which the services required by this Agreement will be
performed. • Contractor has the right to perform the services
required by this Agreement
at any place or location and at such times as Contractor may
determine. • Contractor has the right to hire assistants as
subcontractors, or to use
employees to provide the services required by this agreement. •
The services required by this Agreement shall be performed by
Contractor, or
Contractor’s employees or contract personnel and Region V shall
not hire, supervise or pay any assistants to assist Contractor.
• Neither Contractor or Contractor’s employees or contract
personnel shall receive any training from Region V in the
professional skills necessary to perform the services required by
the Agreement.
• Neither Contractor or Contractor’s employees or contract
personnel shall be required by Region V to devote full time to the
performance of the services required by this Agreement; provided,
however, Contractor shall devote such time to the Services as is
necessary to perform them in a competent, thorough
-
K:\regionalprosperity\MOAs\2018\St. Clair County Services
Agreement.docx 3
and professional manner • The Contractor does not receive the
majority of its annual compensation from
Region V.
The parties acknowledge and agree that Region V is entering into
this Agreement relying upon the representations made by the
Contractor relative to its independent contractor status.
10. Permits and Licenses. Contractor declares (and covenants)
that Contractor has complied
(and, during the term of this Agreement, shall comply) with all
federal, state, and local laws, requiring business permits,
certificates and licenses required to carry out the Services.
11. State and Federal Taxes. Region V will not:
• Withhold FICA (Social Security and Medicare taxes) from
Contactor’s payments or make FICA payments on Contractor’s
behalf,
• Make state or federal unemployment compensation contributions
on Contractor’s behalf, or withhold state or federal income tax
from the Service’s Fees.
• Contractor shall pay all taxes incurred while performing
services under this Agreement, including applicable income taxes
and any applicable FICA taxes, including any self employment
taxes.
12. Fringe Benefits. Contractor understands that neither
Contractor nor Contractor’s employees
or contract personnel are eligible to participate in any
employee pension, health, vacation pay, sick pay or other fringe
benefit plan of Region V.
13. Worker’s Compensation. Region V shall not obtain worker’s
compensation insurance on
behalf of Contractor or Contractor’s employees. If Contractor
hires employees to perform any work under this Agreement,
Contractor will cover them with worker’s compensation insurance and
provide Region V with a certificate of worker’s compensation
insurance before the employees begin the work.
14. Unemployment Compensation. Region V shall not make state or
federal unemployment
compensation payments on behalf of Contractor or Contractor’s
employees or contract personnel. Contractor will not be entitled to
these benefits in connection with work performed under this
Agreement. In the event Contractor files petition for and receives
unemployment compensation, the total amount of unemployment
compensation awarded to and received by Contractor shall be
deducted from and be an offset against the amount of compensation
due and payable to Contractor by Region V under this Agreement.
15. Entire Agreement. This is the entire Agreement between
Contractor and Region V. 16. Modifying the Agreement. This
Agreement may be modified only by a writing signed by both
parties.
-
K:\regionalprosperity\MOAs\2018\St. Clair County Services
Agreement.docx 4
17. Confidentiality. Contractor will not disclose or use, either
during or after the term of this Agreement, any proprietary or
confidential information of Region V without Region V’s prior
written permission except to the extent necessary to perform
services on Region V’s behalf. Proprietary or confidential
information includes:
• the written, printed, graphic or electronically recorded
materials furnished by Region V for Contractor to use, and
• business plans, customer lists, operating procedures, trade
secrets, design formulas, know-how and processes, computer programs
and inventories, discoveries and improvements of any kind, and
• information belonging to customers and suppliers of Region V
about whom Contractor gained knowledge as a result of Contractor’s
services to Region V. Contractor shall not be restricted in using
any material which is publicly available, already in Contractor’s
possession or known to Contractor without restriction, or which is
rightfully in the possession or control of Contractor from sources
other than Region V. Upon termination of Contractor’s services to
Region V, or at Region V’s request, Contractor shall deliver to
Region V all materials in Contractor’s possession relating to
Region V’s business.
• The Covenant agreements in this paragraph shall survive the
termination (for any reason) or breach of this Agreement.
18. Limit on Liability. Region V understands and agrees
Contractor is providing, directly or
through its sub-contractor, consulting services. Implementation
by Region V of any recommendations made by Contractor pursuant to
the terms of this Agreement, is at the sole discretion of Region V
and at the sole cost and expense of Region V. Region V understands
and agrees that the liability of Contractor for any acts performed
by Contractor, or its Sub-Contractors, pursuant to the terms of
this Agreement shall not exceed the total amount paid by Region V
to Contractor, at any time, pursuant to the terms of this
Agreement.
19. Contractor’s Retained Right to Disclose Relationship Between
Region V and Contractor to
Third Parties. Contractor retains the right to disclose the fact
that Region V entered into this Agreement with Contractor.
Contractor may desire to disclose further positive details
concerning results obtained by Region V as a result of Region V
entering into this Agreement with Contractor. In such case,
Contractor will disclose to Region V what information it desires to
disclose to third-parties or to use in various promotional
materials and Region V will have the opportunity to comment on and
approve the same. In such case, Contractor will provide to Region V
the information it wishes to disclose to third-parties or utilize
in its promotional materials. Region V will have thirty (30) days
to comment on and approve or disapprove and/or come to an Agreement
with Contractor as to what information may or may not be disclosed
to third-parties or utilized in Contractor’s promotional materials.
In the event Contractor provides such materials to Region V and
Region V does not respond to Contractor within thirty (30) days,
Contractor will continue to retain the right to disclose the fact
that Region V entered into the Agreement with Contractor.
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Agreement.docx 5
20. Dispute Resolution. Any and all disputes, controversies, or
claims arising out of or in connection with or relating to this
Agreement, or any breach or alleged breach thereof, and any claim
that Region V violated any state or federal statutes, common law
doctrine, or committed any tort with respect to Contractor shall,
upon request of either party, be submitted to and settled by
arbitration in the State of Michigan pursuant to the rules, then in
effect, of the American Arbitration Association (or any other place
or under any other form of arbitration mutually acceptable to the
parties involved). This Agreement to Arbitrate shall be
specifically enforceable under the prevailing arbitration law.
Notices of demand for arbitration shall be filed, in writing, with
the other party to this Agreement and with American Arbitration
Association. The demand for arbitration shall be made within a
reasonable time after the claim, dispute or other matter in
question arose where the party asserting the claim should
reasonably have been aware of the same, but in no event later than
the applicable Michigan Statute of Limitations. Cost of arbitration
shall be allocated by the arbitrator; provided, that each party
shall pay for and bear the cost of his own experts, evidence and
attorney’s fees. Judgment upon the award rendered by the arbitrator
may be entered in any court having jurisdiction to do so.
21. Applicable Law. This Agreement will be governed by the laws
of the State of Michigan. 22. Notices. All notices or
communications required or permitted to be given to a party to
this
Agreement, shall be in writing and shall be personally
delivered; sent by registered or certified mail, postage prepaid,
return receipt requested; or sent by an overnight express courier
service that provides written confirmation of delivery, to Region V
at 1101 Beach Street, Room 223, Flint, Michigan 48502 and to
Contractor at 735 Erie Street, Suite 250, Port Huron, Michigan
48060. Each such notice or other communication shall be deemed
given, delivered, and received upon actual receipt, except that if
it is mailed in accordance with this paragraph, then it shall be
deemed given, delivered, and received on the delivery date or the
date on which delivery is refused by the addressee, in either case,
in accordance with the United States Postal Service’s return
receipt. Any party to this Agreement may give a notice of change of
its address to the other party to this Agreement.
[SIGNATURE PAGE TO FOLLOW]
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Agreement.docx 6
Signatures: Genesee Lapeer Shiawassee Region V Planning and
Development Commission By:__________________________________
Date:_________________________ __________________________________
____________________________ Printed Name Title Economic
Development Alliance of St. Clair County
By:_________________________________
Date:__________________________ __________________________________
____________________________ Printed Name Title
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K:\regionalprosperity\MOAs\2018\St. Clair County Services
Agreement.docx 7
Addendum
Project Deliverables:
• Representation, input, and projects representing the concerns
of St. Clair County, relevant to the region
• Complete successful Partnership Projects, specifically those
focused on economic development activities
Project Tasks:
• Provide general consultation and support to Region V regarding
the RPI Partnership Projects • Support the recruitment and
selection of contracted planning consultant • Maximize leveraged
resources
o Coordinate planning and project activities cooperation with
Region V o Provide existing research and data relevant for regional
economic growth o Help to align regional projects and economic
opportunities already funded and
underway in Region 6
• Recruitment and convening of required partners from St. Clair
County • Serve as liaison with the I-69 International Trade
Corridor Next Michigan Development
Corporation and other regional entities
Project Schedule: These Project Tasks will occur throughout the
planning process (January – December 2018). Project Cost: Economic
Development Support St. Clair County - $9,100 Project Payment
Schedule: May 15, 2018 - $3,033.00 (Invoice and summary due by May
4, 2018) July 24, 2018 - $3,033.00 (Invoice and summary due by July
13, 2018) September 25, 2018 - $3,034.00 (Invoice and summary due
by September 14, 2018) Payment Requests to Region V shall include
an invoice and a summary outlining the activities completed under
this service agreement. Upon satisfactory submission of payment
request, funds will be remitted within 30 days.
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K:\regionalprosperity\MOAs\2018\Shiawassee County Services
Agreement.docx 1
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made between the Genesee Lapeer Shiawassee
Region V Planning and Development Commission (“Region V”), with a
principal place of business at 1101 Beach Street, Room 223, Flint,
Michigan 48502, and the Shiawassee Economic Development Partnership
(“Contractor”), with its principal place of business at 215 N.
Water Street, Suite B, Owosso, Michigan 48867.
1. Term of Agreement. This Agreement will become effective March
20, 2018, expiring
December 31, 2018. This Agreement may be extended or renewed by
written agreement signed by both parties. All provisions of this
Agreement shall apply to all services and all periods of time in
which the Contractor renders services for Region V.
2. Termination for Cause. In the event either party wishes to
terminate this Agreement, it may
be terminated only for default in the terms of the Agreement by
either party to this Agreement. In the event either party is in
default of any terms or conditions of this Agreement, the
non-defaulting party shall provide written notice specifying in
sufficient detail to explain to the other party, the claimed
default. The defaulting party shall then have ten (10) days to cure
said default. If, in the opinion of the non-defaulting party, the
defaulting party has not cured such default within said ten (10)
day period, the non-defaulting party may send an additional written
notice to the defaulting party indicating the reason it believes
such default has not been cured and that this Agreement is
terminated. Termination by Region V shall not relieve Region V of
the obligation of paying Contractor for services rendered prior to
the time of termination.
3. Termination for Convenience. If Region V or the Contractor
determines that it is in their best
interests, either party may terminate this Agreement upon thirty
(30) days’ written notice to the other party.
Region V shall pay for all work properly performed up to the
effective date of the notice of termination.
4. Services to be Performed. Contractor agrees to provide to
Region V, in general terms,
assistance among the areas described below.
Serve as lead economic development agency for Shiawassee County
– support the Regional Prosperity Initiative (RPI) planning process
and Partnership Projects, continue to recruit participants, and
help to coordinate RPI activities and outcomes in the I-69 Thumb
Region (Region 6).
In addition to the services described above, Contractor agrees
to provide to Region V specific services described on the addendum
hereto.
5. Payment. As Consideration for the services to be performed by
Contractor, Region V agrees
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Agreement.docx 2
to pay Contractor in accordance with the terms set forth on the
addendum attached hereto. Such payments by Region V to Contractor
will cover all expenses incurred by Contractor pursuant to this
Agreement, unless otherwise specified in the addendum, including,
but not limited to automobile and other travel expense within the
local geographic area of the assignment, travel time, meals,
telephone and cell phone expense, insurance premiums, all salary
and other compensation paid to employees or other contract
personnel Contractor hires to complete work under this Agreement
and other related costs for exercising Contractor’s duties. In the
event travel outside of the local geographic area is requested by
Region V, Contractor will honor such request provided Region V
agrees, in advance, to pay the direct costs incurred by Contractor
as a result of such travel.
6. Terms of Payment. Contractor shall invoice Region V as set
forth in the addendum hereto,
for services rendered and Region V agrees to pay Contractor
promptly pursuant to the terms set forth in the attached
addendum.
7. Special Projects and Expenses. Special projects, outside
specified services to be performed
must be approved in advance, in writing, by both Region V and
Contractor. 8. Materials. Contractor will furnish all materials,
equipment, and supplies used to provide the
services required by this Agreement. 9. Independent Contractor
Status. The parties agree that Contractor is an independent
contractor, and that neither the Contractor nor the Contractor’s
employees or contract personnel are, or shall be deemed, employees
of Region V. In its capacity as an independent contractor,
Contractor agrees to and represents the following:
• Contractor has the right and does fully intend to perform
consulting or other
services for third parties during the term of this Agreement •
Contractor has the sole right to control and direct the means,
manner and
method by which the services required by this Agreement will be
performed. • Contractor has the right to perform the services
required by this Agreement
at any place or location and at such times as Contractor may
determine. • Contractor has the right to hire assistants as
subcontractors, or to use
employees to provide the services required by this agreement. •
The services required by this Agreement shall be performed by
Contractor, or
Contractor’s employees or contract personnel and Region V shall
not hire, supervise or pay any assistants to assist Contractor.
• Neither Contractor or Contractor’s employees or contract
personnel shall receive any training from Region V in the
professional skills necessary to perform the services required by
the Agreement.
• Neither Contractor or Contractor’s employees or contract
personnel shall be required by Region V to devote full time to the
performance of the services required by this Agreement; provided,
however, Contractor shall devote such time to the Services as is
necessary to perform them in a competent, thorough
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K:\regionalprosperity\MOAs\2018\Shiawassee County Services
Agreement.docx 3
and professional manner • The Contractor does not receive the
majority of its annual compensation from
Region V.
The parties acknowledge and agree that Region V is entering into
this Agreement relying upon the representations made by the
Contractor relative to its independent contractor status.
10. Permits and Licenses. Contractor declares (and covenants)
that Contractor has complied
(and, during the term of this Agreement, shall comply) with all
federal, state, and local laws, requiring business permits,
certificates and licenses required to carry out the Services.
11. State and Federal Taxes. Region V will not:
• Withhold FICA (Social Security and Medicare taxes) from
Contactor’s payments or make FICA payments on Contractor’s
behalf,
• Make state or federal unemployment compensation contributions
on Contractor’s behalf, or withhold state or federal income tax
from the Service’s Fees.
• Contractor shall pay all taxes incurred while performing
services under this Agreement, including applicable income taxes
and any applicable FICA taxes, including any self employment
taxes.
12. Fringe Benefits. Contractor understands that neither
Contractor nor Contractor’s employees
or contract personnel are eligible to participate in any
employee pension, health, vacation pay, sick pay or other fringe
benefit plan of Region V.
13. Worker’s Compensation. Region V shall not obtain worker’s
compensation insurance on
behalf of Contractor or Contractor’s employees. If Contractor
hires employees to perform any work under this Agreement,
Contractor will cover them with worker’s compensation insurance and
provide Region V with a certificate of worker’s compensation
insurance before the employees begin the work.
14. Unemployment Compensation. Region V shall not make state or
federal unemployment
compensation payments on behalf of Contractor or Contractor’s
employees or contract personnel. Contractor will not be entitled to
these benefits in connection with work performed under this
Agreement. In the event Contractor files petition for and receives
unemployment compensation, the total amount of unemployment
compensation awarded to and received by Contractor shall be
deducted from and be an offset against the amount of compensation
due and payable to Contractor by Region V under this Agreement.
15. Entire Agreement. This is the entire Agreement between
Contractor and Region V. 16. Modifying the Agreement. This
Agreement may be modified only by a writing signed by both
parties.
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Agreement.docx 4
17. Confidentiality. Contractor will not disclose or use, either
during or after the term of this Agreement, any proprietary or
confidential information of Region V without Region V’s prior
written permission except to the extent necessary to perform
services on Region V’s behalf. Proprietary or confidential
information includes:
• the written, printed, graphic or electronically recorded
materials furnished by Region V for Contractor to use, and
• business plans, customer lists, operating procedures, trade
secrets, design formulas, know-how and processes, computer programs
and inventories, discoveries and improvements of any kind, and
• information belonging to customers and suppliers of Region V
about whom Contractor gained knowledge as a result of Contractor’s
services to Region V. Contractor shall not be restricted in using
any material which is publicly available, already in Contractor’s
possession or known to Contractor without restriction, or which is
rightfully in the possession or control of Contractor from sources
other than Region V. Upon termination of Contractor’s services to
Region V, or at Region V’s request, Contractor shall deliver to
Region V all materials in Contractor’s possession relating to
Region V’s business.
• The Covenant agreements in this paragraph shall survive the
termination (for any reason) or breach of this Agreement.
18. Limit on Liability. Region V understands and agrees
Contractor is providing, directly or
through its sub-contractor, consulting services. Implementation
by Region V of any recommendations made by Contractor pursuant to
the terms of this Agreement, is at the sole discretion of Region V
and at the sole cost and expense of Region V. Region V understands
and agrees that the liability of Contractor for any acts performed
by Contractor, or its Sub-Contractors, pursuant to the terms of
this Agreement shall not exceed the total amount paid by Region V
to Contractor, at any time, pursuant to the terms of this
Agreement.
19. Contractor’s Retained Right to Disclose Relationship Between
Region V and Contractor to
Third Parties. Contractor retains the right to disclose the fact
that Region V entered into this Agreement with Contractor.
Contractor may desire to disclose further positive details
concerning results obtained by Region V as a result of Region V
entering into this Agreement with Contractor. In such case,
Contractor will disclose to Region V what information it desires to
disclose to third-parties or to use in various promotional
materials and Region V will have the opportunity to comment on and
approve the same. In such case, Contractor will provide to Region V
the information it wishes to disclose to third-parties or utilize
in its promotional materials. Region V will have thirty (30) days
to comment on and approve or disapprove and/or come to an Agreement
with Contractor as to what information may or may not be disclosed
to third-parties or utilized in Contractor’s promotional materials.
In the event Contractor provides such materials to Region V and
Region V does not respond to Contractor within thirty (30) days,
Contractor will continue to retain the right to disclose the fact
that Region V entered into the Agreement with Contractor.
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K:\regionalprosperity\MOAs\2018\Shiawassee County Services
Agreement.docx 5
20. Dispute Resolution. Any and all disputes, controversies, or
claims arising out of or in connection with or relating to this
Agreement, or any breach or alleged breach thereof, and any claim
that Region V violated any state or federal statutes, common law
doctrine, or committed any tort with respect to Contractor shall,
upon request of either party, be submitted to and settled by
arbitration in the State of Michigan pursuant to the rules, then in
effect, of the American Arbitration Association (or any other place
or under any other form of arbitration mutually acceptable to the
parties involved). This Agreement to Arbitrate shall be
specifically enforceable under the prevailing arbitration law.
Notices of demand for arbitration shall be filed, in writing, with
the other party to this Agreement and with American Arbitration
Association. The demand for arbitration shall be made within a
reasonable time after the claim, dispute or other matter in
question arose where the party asserting the claim should
reasonably have been aware of the same, but in no event later than
the applicable Michigan Statute of Limitations. Cost of arbitration
shall be allocated by the arbitrator; provided, that each party
shall pay for and bear the cost of his own experts, evidence and
attorney’s fees. Judgment upon the award rendered by the arbitrator
may be entered in any court having jurisdiction to do so.
21. Applicable Law. This Agreement will be governed by the laws
of the State of Michigan. 22. Notices. All notices or
communications required or permitted to be given to a party to
this
Agreement, shall be in writing and shall be personally
delivered; sent by registered or certified mail, postage prepaid,
return receipt requested; or sent by an overnight express courier
service that provides written confirmation of delivery, to Region V
at 1101 Beach Street, Room 223, Flint, Michigan 48502 and to
Contractor at 215 N. Water Street, Suite B, Owosso, Michigan 48867.
Each such notice or other communication shall be deemed given,
delivered, and received upon actual receipt, except that if it is
mailed in accordance with this paragraph, then it shall be deemed
given, delivered, and received on the delivery date or the date on
which delivery is refused by the addressee, in either case, in
accordance with the United States Postal Service’s return receipt.
Any party to this Agreement may give a notice of change of its
address to the other party to this Agreement.
[SIGNATURE PAGE TO FOLLOW]
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K:\regionalprosperity\MOAs\2018\Shiawassee County Services
Agreement.docx 6
Signatures: Genesee Lapeer Shiawassee Region V Planning and
Development Commission By:__________________________________
Date:_________________________ __________________________________
____________________________ Printed Name Title Shiawassee Economic
Development Partnership By:_________________________________
Date:__________________________ __________________________________
____________________________ Printed Name Title
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K:\regionalprosperity\MOAs\2018\Shiawassee County Services
Agreement.docx 7
Addendum
Project Deliverables:
• Representation, input and projects representing the concerns
of Shiawassee County, relevant to the region
• Complete successful Partnership Projects, specifically those
focused on economic development activities
Project Tasks:
• Provide general consultation and support to Region V regarding
the RPI Partnership Projects
• Support the recruitment and selection of any contracted
consultant • Maximize leveraged resources
o Coordinate planning and project activities in cooperation with
Region V o Provide existing research and data relevant for regional
economic growth o Help to align regional projects and economic
opportunities already funded and
underway in Region 6
• Recruitment and convening of required partners from Shiawassee
County • Serve as liaison with the I-69 International Trade
Corridor Next Michigan Development
Corporation and other regional entities
Project Schedule: These Project Tasks will occur throughout the
duration of the grant (January – December 2018). Project Cost:
Economic Development Support Shiawassee County - $3,900.00 Project
Payment Schedule: May 15, 2018 - $1,300.00 (Invoice and summary due
by May 4, 2018) July 24, 2018 - $1,300.00 (Invoice and summary due
by July 13, 2018) September 25, 2018 - $1,300.00 (Invoice and
summary due by September 14, 2018) Payment Requests to Region V
shall include an invoice and a summary outlining the activities
completed under this service agreement. Upon satisfactory
submission of payment request, funds will be remitted within 30
days.
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K:\regionalprosperity\MOAs\2018\Lapeer County Services
Agreement.docx 1
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made between the Genesee Lapeer Shiawassee
Region V Planning and Development Commission (“Region V”), with a
principal place of business at 1101 Beach Street, Room 223, Flint,
Michigan 48502, and the Lapeer Development Corporation
(“Contractor”), with its principal place of business at 449
McCormick Drive, Lapeer, Michigan 48446.
1. Term of Agreement. This Agreement will become effective March
20, 2018, expiring
December 31, 2018. This Agreement may be extended or renewed by
written agreement signed by both parties. All provisions of this
Agreement shall apply to all services and all periods of time in
which the Contractor renders services for Region V.
2. Termination for Cause. In the event either party wishes to
terminate this Agreement, it may
be terminated only for default in the terms of the Agreement by
either party to this Agreement. In the event either party is in
default of any terms or conditions of this Agreement, the
non-defaulting party shall provide written notice specifying in
sufficient detail to explain to the other party, the claimed
default. The defaulting party shall then have ten (10) days to cure
said default. If, in the opinion of the non-defaulting party, the
defaulting party has not cured such default within said ten (10)
day period, the non-defaulting party may send an additional written
notice to the defaulting party indicating the reason it believes
such default has not been cured and that this Agreement is
terminated. Termination by Region V shall not relieve Region V of
the obligation of paying Contractor for services rendered prior to
the time of termination.
3. Termination for Convenience. If Region V or the Contractor
determines that it is in their best
interests, either party may terminate this Agreement upon thirty
(30) days’ written notice to the other party.
Region V shall pay for all work properly performed up to the
effective date of the notice of termination.
4. Services to be Performed. Contractor agrees to provide to
Region V, in general terms,
assistance among the areas described below.
Serve as lead economic development agency for Lapeer County –
support the Regional Prosperity Initiative (RPI) planning process
and Partnership Projects, continue to recruit participants, and
help to coordinate RPI activities and outcomes in the I-69 Thumb
Region (Region 6).
In addition to the services described above, Contractor agrees
to provide to Region V specific services described on the addendum
hereto.
5. Payment. As Consideration for the services to be performed by
Contractor, Region V agrees
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K:\regionalprosperity\MOAs\2018\Lapeer County Services
Agreement.docx 2
to pay Contractor in accordance with the terms set forth on the
addendum attached hereto. Such payments by Region V to Contractor
will cover all expenses incurred by Contractor pursuant to this
Agreement, unless otherwise specified in the addendum, including,
but not limited to automobile and other travel expense within the
local geographic area of the assignment, travel time, meals,
telephone and cell phone expense, insurance premiums, all salary
and other compensation paid to employees or other contract
personnel Contractor hires to complete work under this Agreement
and other related costs for exercising Contractor’s duties. In the
event travel outside of the local geographic area is requested by
Region V, Contractor will honor such request provided Region V
agrees, in advance, to pay the direct costs incurred by Contractor
as a result of such travel.
6. Terms of Payment. Contractor shall invoice Region V as set
forth in the addendum hereto,
for services rendered and Region V agrees to pay Contractor
promptly pursuant to the terms set forth in the attached
addendum.
7. Special Projects and Expenses. Special projects, outside
specified services to be performed
must be approved in advance, in writing, by both Region V and
Contractor. 8. Materials. Contractor will furnish all materials,
equipment, and supplies used to provide the
services required by this Agreement. 9. Independent Contractor
Status. The parties agree that Contractor is an independent
contractor, and that neither the Contractor nor the
Contractor