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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\2016\Agendas\March\March.docx
DEREK BRADSHAW FISCAL OFFICER
GLS REGION V PLANNING & DEVELOPMENT COMMISSION
GENESEE COUNTY ADMINISTRATION BUILDING
1101 BEACH STREET, ROOM 223
Tuesday, March 22, 2016
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 26, 2016 (attached)
C. Approval of the Agenda of GLS Region V PDC Meeting to be held
March 22, 2016
D. Opportunity for the Public to Address the GLS Region V PDC
E. Communications
II. ACTION ITEMS
A. Financial Report
1. Report
2. Checks (to be distributed)
B. FPR-02-16-01; Village of Almont, 123 Branch Street Parking Lot
Project/Phase III Pedestrian Alleyway (attached)
C. I-69 Thumb Region Consulting Services Agreements (attached)
D. Budget Adjustments (attached)
E. Michigan Transportation Planning Association Conference
(attached)
F. Election of Officers
III. DISCUSSION ITEMS
A. MAR Update (discussion)
B. Region 6 Regional Prosperity Initiative Update (attached)
C. Governor’s Regional Transit Mobility Initiative Update (attached)
D. Lapeer County Parks and Recreation Plan Update (attached)
E. MDOT Regional Traffic Safety Plans (attached)
F. FY 2017-2020 Rural Task Force (RTF) Call for Projects Update
(attached)
IV. ANNOUNCEMENTS
V. ADJOURNMENT
Next Meeting – May 24, 2016
GLS REGION V PDC
January 26, 2016
The GLS Region V Planning and Development Commission met at 6:00 p.m. on
Tuesday, January 26, 2016, in the Conference Room of the Genesee County
Metropolitan Planning Commission (GCMPC), 1101 Beach Street, Room 223,
Flint, Michigan.
I. INTRODUCTION
Chairperson Grinnell called the meeting to order at 6:00 p.m.
A. Roll Call
Present: Derek Bradshaw, Ed Benning, Gary Roy, Jeffrey Kelley, John
Mandelaris, Julie Hales-Smith, Mike Hemmingsen, Robert McLaren and
Sidney Grinnell.
Absent/excused: Alan Himelhoch, Bill Henry, Charles Van Duren, Cheryl
Clark, Christina Johnson, David Hetfield, John Horvath, Mary Ann Ketels,
Richard Van Haaften and Robert Johnson.
Others Present: Mike Grinnell, Anna Pinter, Jason Nordberg and Debby
Compton.
B. Approval of the Minutes of the GLS Region V PDC Regular Meeting
held November 17, 2015
Motion: Action: Approve, Moved by Derek Bradshaw, Seconded by
Robert McLaren, to approve the GLS Region V minutes for the
meeting held on November 17, 2015 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 26, 2016
Jason Nordberg stated that there is an addition to the Agenda.
Under “Action Items,” the item “Budget Adjustment” will be added
as item C.
Motion: Action: Approve, Moved by Jeffrey Kelley, Seconded by
John Mandelaris, to approve the Agenda for the GLS Region V
meeting to be held on January 26, 2016 with the addition of item
“Budget Adjustment” under “Action Items.”
Motion passed unanimously.
(Document on file with minutes)
D. Opportunity for the Public to Address the GLS Region V PDC
Chairperson Sidney Grinnell introduced his son, Mike Grinnell.
E. Communications
Derek Bradshaw stated that the Michigan Planner
September/October 2015 issue had an article in it talking about the
I-69 Thumb Region Partnership. Mr. Bradshaw passed copies of the
article out to the committee members.
(Document on file with minutes)
II. ACTION ITEMS
A. Financial Report
1. Report
Derek Bradshaw stated that we did not receive the Financial
Reports so they will be discussed at the next meeting.
Motion: Action: Approve, Moved by John Mandelaris,
Seconded by Jeffrey Kelley, to approve to address Financials at
the next meeting.
Motion passed unanimously.
2. Checks
Derek Bradshaw reviewed the checks.
Motion: Action: Approve, Moved by Jeffrey Kelley, Seconded by Ed
Benning, to approve the checks in the amount of $34,994.07 and to
authorize the proper authorities to sign the checks.
Motion passed unanimously.
(Document on file with minutes)
B. 2016 Meeting Times
Jason Nordberg stated that the information from the Survey Monkey
Poll was collected and the results received were eight (8) responses
for 6:00 p.m.; Four (4) responses for 10:30 a.m. and several one (1)
votes for various other times. Mr. Nordberg stated the majority vote
was for the meetings to remain at 6:00 p.m.
Motion: Action: Approve, Moved by John Mandelaris, Seconded by
Gary Roy, to approve the GLS Region V meetings to continue to be
held at 6:00 p.m.
Motion passed unanimously.
C. Budget Adjustment
Derek Bradshaw stated that an estimate of $137,250 was used as the
amount of FY 2015 carryover funds that would be available for FY
2016 within the Regional Prosperity grant. He stated that we now
know the carryover amount is $140,733. Mr. Bradshaw stated that
there are some minor adjustments recommended within this new
carryover amount. Mr. Bradshaw requested approval of the budget
adjustment.
Motion: Action: Approve, Moved by Jeffrey Kelley, Seconded by
Robert McLaren, to approve the budget adjustment as presented.
Motion passed unanimously.
(Document on file with minutes)
III. DISCUSSION ITEMS
A. MAR Update
Derek Bradshaw stated that there are three (3) different issues being
considered statewide. He stated that a couple of them revolve
around the Michigan Department of Transportation (MDOT). Mr.
Bradshaw stated that basically what is happening, is over the past
several years MDOT has been pushing more and more
responsibilities down on the regions to help them to implement
statewide initiatives that they are working on. He stated that we
have seen some small funding increases to deal with Rural Task
Force and some of those other activities that we have taken on.
MDOT has been providing us $34,000 for the last fifteen years at
least. Mr. Bradshaw stated that there are conversations on a
statewide basis that you cannot continue to push more and more of
these initiatives on the Regions and expect us to do all of this public
involvement without giving us more money. Mr. Bradshaw stated
that the other issue is the Regional Prosperity Initiative (RPI). MAR is
looking to do a study of the impacts of the Regional Prosperity
money. He stated that since all of the money is going through the
regions there is thought that it is in the region’s best interest to show
the positive impacts. Discussion ensued.
B. Region 6 Regional Prosperity Initiative Update
Derek Bradshaw stated that tonight there is a meeting in Shiawassee
County with the consultant from High Pointe. He stated that they are
coming to talk about our connections, square footage and inter-modal
freight connection project and meet in Lapeer County tomorrow night.
The key part of this is to take this to the next step. Mr. Bradshaw notified
the committee that Region 6 received $235,000 grant for continuation of
the RPI activities. Mr. Bradshaw stated that we have quite a few projects
going on right now for Region 6 RPI so we will start to see draft reports
soon.
C. Governor’s Regional Transit Mobility Initiative Update
Anna Pinter stated that Phase two is nearing completion. She stated
that there was a final draft expected at the end of January. Ms.
Pinter stated that details regarding Phase Three of the process are
forthcoming.
D. Lapeer County Parks and Recreation Plan Update
Anna Pinter stated that GCMPC staff is continuing the process of an
update to the County’s Parks and Recreation Master Plan. She stated that
the public comment period runs January 1st through January 31st. She
stated that there have been no comments so far. Ms. Pinter stated that
the draft plan will be presented to the Lapeer County Board of
Commissioners for final approval on Feb 18, 2016.
E. MDOT Local Road Safety Plans (LRSP)
Anna Pinter stated that MDOT has begun working with Regional
Planning Organizations (RPOs) to develop Local Road Safety Plans
(LRSPs). Ms. Pinter stated that plans will be developed through the
RPOs and will also have county-specific issues addressed. She stated
that contracts are currently being finalized for the project, and
MDOT expects to begin working with RPOs during the month of
February, beginning with a kickoff meeting. Ms. Pinter stated that
staff will provide further information about this project to the
committee as it becomes available. Discussion ensued.
F. FY 2017-2020 Rural Task Force (RTF) Call for Projects Update
Jason Nordberg stated that for the past three to four months staff
has been working with the cities, villages, road commission and
transit agencies in the Lapeer and Shiawassee Counties. He stated
that according to the Rural Task Force by-laws every nine (9) years
the cities and villages receive 90% of allocations for a year. He
stated that what that means is Lapeer County cities and villages
receive approximately $700,000 in projects and Shiawassee County
cities and villages receive almost $600,000 in projects. Discussion
ensued.
IV. ANNOUNCEMENTS
Derek Bradshaw stated that GCMPC is partnering with the Flint River
Watershed Coalition to go after a national water trail designation from the
National Park Service for the Flint River. He stated it is a 104 mile long water
trail that starts in Lapeer and ends in Northern Genesee County. He stated
that last week they had two kick off meetings, one in Genesee County in
the morning and another one in Lapeer County in the afternoon. Mr.
Bradshaw stated they had excellent attendance. Discussion ensued.
Ed Benning stated that they started a new transit service in Eaton County.
He stated that they are taking individuals that have disabilities to work at
Meijer’s Distribution Plant. Meijer is interested in hiring 200 individuals from
our community. Discussion ensued.
John Mandelaris stated that if someone doesn’t get the Michigan Planner
and didn’t get a copy of the article that Derek was talking about earlier he
had some extra copies.
V. ADJOURNMENT
Chairperson Grinnell adjourned the meeting at 6:54 p.m.
Motion: Action: Approve, Moved by John Mandelaris, Seconded by
Jeffrey Kelley, to approve the adjournment of the GLS Region V meeting.
Motion passed unanimously.
Respectfully submitted,
Debby Compton, Secretary
Genesee County Metropolitan Planning Commission
GLS REGION V PLANNING DEVELOPMENT COMMISSION
CHECK DISBURSEMENT VOUCHER
MARCH 22, 2016
PAID TO DESCRIPTION CHECK# AMOUNT
THE ARGUS-PRESS COMPANY PUBLIC NOTICE 8326 33.00
CITY OF BURTON PASER TRAINING 8327 549.82
EDA OF ST. CLAIR COUNTY REGION 6 8328 4,175.00
FLINT & GENESEE CHAMBER OF COMMERCE REGION 6 8329 6,906.00
DAMON FORTNEY 8330 93.50
GCMPC 8331 6,253.10
GENESEE COUNTY ROAD COMMISSION 8332 5,017.65
HURON COUNTY ECON DEVELOPMENT CORPREGION 6 8333 1,977.00
LAPEER DEVELOPMENT CORPORATION REGION 6 8334 2,197.00
LAPEER COUNTY ROAD COMMISSION 8335 2,028.60
MTU CENTER FOR TECHNOLOGY PASER TRAINING 8336 40.00
SHIAWASSEE COUNTY ROAD COMMISSION 8337 1,987.90
SMITH & KLACZKIEWICZ FY 14 & 15 AUDIT 8338 5,040.00
ST CLAIR COUNTY REGIONAL EDUCATIONAL TALENT TOUR FUNDING 8339 640.67
SHIAWASSEE ECONOMIC DEVELOPMENT PARTAG-TDL SECTOR LINKS 8340 21,758.00
TUSCOLA COUNTY ECONOMIC DEVELOPMENTREGION 6 8341 1,318.00
UPJOHN INSTITUTE EMPLOYMENT RESEARCH 8342 7,500.00
VIEW NEWSPAPER GROUP RTF PUBLIC NOTICE 8343 198.88
DEREK BRADSHAW TRAVEL EXPENSE 8344 492.04
TOTAL 68,206.16
Genesee-Lapeer-Shiawassee RegionV 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 II B K:\trans\REGIONV\Meetings\2016\FPR\Almont FPR.docx
DEREK BRADSHAW FISCAL OFFICER
MEMORANDUM
TO: Members of the GLS Region V Planning and Development
Commission
FROM: Jason Nordberg, Principal Planner
DATE: March 22, 2016
SUBJECT: FPR-02-16-01; Village of Almont, 123 Branch Street Parking Lot
Project/Phase III Pedestrian Alleyway
The Village of Almont is applying to the U.S. Department of Agriculture for federal
assistance in the amount of $47,384 and is providing $11,846 in local funding for a
total project cost of $59,320. The Village of Almont is submitting this application
under the Rural Business Development Grant (RBDG) program. These funds will
be utilized to redevelop a blighted alley to provide a safe, attractive and
accessible pedestrian link between a newly redeveloped parking lot and the
downtown business district. This project represents Phase III of the Parking Lot
Project for the Village of Almont.
The project is located along the south side of West St. Clair Street (one block west
of M-53) and runs parallel on the west side of properties facing southbound M-53
(Van Dyke) in the Village. The project consists of removing the existing pavement,
tie-in of property downspouts to the municipal storm sewer, installation of plan-
concrete sidewalk, site restoration, installation of 3 decorative lights, and
installation of a gravel pad for a lot dumpster.
Small and emerging business owners within the Village of Almont have been
clamoring for additional parking capacity. These owners firmly believe that their
ability to persist in a challenging economic environment as well as retain and
create jobs heavily depend upon increasing customer traffic to their stores.
Additionally, as more property owners have engaged in redeveloping
unoccupied upper-floors into affordable housing, the need for convenient, safe,
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and accessible entrances has increasingly become important. The need for
pedestrian links between off-street lots and business entrances also becomes
increasingly important. As a direct correlation exists between parking capabilities
and the economic viability of the village, it is expected that this project would not
only support local businesses, but would also secure future development within
the immediate surrounding area.
Staff recommends that the Region V Planning and Development Commission
endorse the Village of Almont, 123 Branch Street Parking Lot Project/Phase III
Pedestrian Alleyway Development application as submitted to the Department
of Agriculture.
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 C k:\trans\regionv\meetings\2016\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 22, 2016
SUBJECT: I-69 Thumb Region Consulting Services Agreements
The I-69 Thumb Region application for 2016 Regional Prosperity Initiative funding
was awarded in January. 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 have acted as county leads in supporting
the I-69 Thumb Region planning process, recruiting participants and
coordinating activities and outcomes. 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 previous years.
Shiawassee Economic Development Partnership’s (SEDP) agreement includes
additional language which describes SEDP’s role in supporting one of the 2016
partnership projects, Ag-TDL Sector Links.
Staff requests that the GLS Region V Planning and Development Commission
approve the Consulting Services Agreements with each of the six economic
development agencies and the first payment due under these agreements.
K:\regionalprosperity\MOAs\2016\Genesee 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 Flint & Genesee Chamber of Commerce (“Contractor”), with its principal place of business at 519 S. Saginaw Street, Suite 200, Flint, Michigan 48502.
1. Term of Agreement. This Agreement will become effective March 22, 2016, expiring
December 31, 2016. 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 Genesee 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 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
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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 and professional manner
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• 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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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
K:\regionalprosperity\MOAs\2016\Genesee County Services Agreement.docx 5
into the Agreement with Contractor.
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 519 S. Saginaw Street, Suite 200, Flint, Michigan 48502. 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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Signatures: Genesee Lapeer Shiawassee Region V Planning and Development Commission By:__________________________________ Date:_________________________ Flint & Genesee Chamber of Commerce By:_________________________________ Date:__________________________
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Addendum
Project Deliverables:
Representation, input, and projects representing the concerns of Genesee 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 RPI 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 Genesee 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, 2015) and in compliance with the Project Timeline provided here: Project Cost: Economic Development Support Genesee County - $20,719 Project Payment Schedule: Within 30 days of signature - $6,906.00 (Invoice and summary due by April 15, 2016) August 5, 2016 - $6,906.00 (Invoice and summary due by July 15, 2016) November 30, 2016 - $6,907.00 (Invoice and summary due by November 4, 2016) 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.
Steering Committee Meetings M M M M M M
Marketing Services Throughout grant period
Regional Economic Develop Collaboration Throughout grant period
Partnership Projects M M M M M M
DecJul Aug SepI-69 Thumb Region Grant Timeline
(M = Meeting)Oct NovJan Feb Mar Apr May Jun
K:\regionalprosperity\MOAs\2016\Huron - Sanilac 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 Huron County Economic Development Corporation (“Contractor”), with its principal place of business at 250 E. Huron Avenue #303, Bad Axe, Michigan 48413.
1. Term of Agreement. This Agreement will become effective March 22, 2016 expiring
December 31, 2016. 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 Huron County and Sanilac County – support the Regional Prosperity Initiative (RPI) planning process and Partnership Projects, continue to recruit participants and help to coordinate the 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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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
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time to the Services as is necessary to perform them in a competent, thorough 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.
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16. Modifying the Agreement. This Agreement may be modified only by a writing signed by both parties.
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
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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.
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 250 E. Huron Avenue #303, Bad Axe, Michigan 48413. 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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Signatures: Genesee Lapeer Shiawassee Region V Planning and Development Commission By:__________________________________ Date:_________________________ Huron County Economic Development Corporation By:_________________________________ Date:__________________________
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Addendum
Project Deliverables:
Representation, input, and projects representing the concerns of Huron County and Sanilac 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 Huron County and Sanilac County
Serve as liaison with other regional entities
Project Schedule: These Project Tasks will occur throughout the planning process (January – December, 2016) and in compliance with the Project Timeline provided here:
Steering Committee Meetings M M M M M M
Marketing Services Throughout grant period
Regional Economic Develop Collaboration Throughout grant period
Partnership Projects M M M M M M
DecJul Aug SepI-69 Thumb Region Grant Timeline
(M = Meeting)Oct NovJan Feb Mar Apr May Jun
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Project Cost: Economic Development Support Huron County - $2,637 Economic Development Support Sanilac County - $3,296 Total - $5,933 Project Payment Schedule: Within 30 days of signature - $1,977.00 (Invoice and summary due by April 15, 2016) August 5, 2016 - $1,977.00 (Invoice and summary due by July 15, 2016) November 30, 2015 - $1,979.00 (Invoice and summary due by November 4, 2016) 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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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 22, 2016, expiring
December 31, 2016. 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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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
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time to the Services as is necessary to perform them in a competent, thorough 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.
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16. Modifying the Agreement. This Agreement may be modified only by a writing signed by both parties.
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
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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.
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 449 McCormick Drive, Lapeer, Michigan 48446. 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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Signatures: Genesee Lapeer Shiawassee Region V Planning and Development Commission By:__________________________________ Date:_________________________ Lapeer Development Corporation By:_________________________________ Date:__________________________
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Addendum
Project Deliverables:
Representation, input, and projects representing the concerns of Lapeer 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 projects 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 Lapeer 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, 2015) and in compliance with the Project Timeline provided here: Project Cost: Economic Development Support Lapeer County - $6,593 Project Payment Schedule: Within 30 days of signature - $2,197.00 (Invoice and summary due by April 15, 2016) August 5, 2016 - $2,197.00 (Invoice and summary due by July 15, 2016) November 30, 2016 - $2,199.00 (Invoice and summary due by November 4, 2016) 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.
Steering Committee Meetings M M M M M M
Marketing Services Throughout grant period
Regional Economic Develop Collaboration Throughout grant period
Partnership Projects M M M M M M
DecJul Aug SepI-69 Thumb Region Grant Timeline
(M = Meeting)Oct NovJan Feb Mar Apr May Jun
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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 22, 2016, expiring
December 31, 2016. 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). Provide assistance on the Agribusiness-Transportation/Distribution/Logistics Sector Links project. This will be achieved by enlisting expertise and accessing industry networks to more successfully attract investment and partners to the region, and strengthen industry ties between the Ag and TDL sectors. The project will further
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investigate the intermodal infrastructural strengths and weaknesses, better understand the changes and implications of change within the TDL sector and will make the case for attracting new businesses that not only benefit from our region’s intermodal assets, but also build the already-strong agricultural sector.
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
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.
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• 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 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
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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. 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
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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.
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.
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Signatures: Genesee Lapeer Shiawassee Region V Planning and Development Commission By:__________________________________ Date:_________________________ Shiawassee Economic Development Partnership By:_________________________________ Date:__________________________
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Addendum
Project Deliverables: Economic Development Support
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
Ag-TDL Sector Links Project Support
A report, completed with expert consultant support, that will help regional partners understand the complexities of the TDL industry and our region’s place in the market for intermodal facilities that benefit the agricultural/agribusiness industry
o Build upon the existing Ag and TDL data to effectively “make the case” to prospective agri-business companies who seek intermodal resources
o Identify specific target attraction prospects and make personal connections to key industry leaders
Project Tasks: Economic Development Support
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
Ag-TDL Sector Links Project Support
Procure and contract with an expert consultant to assist with the Ag-TDL Sector Links project
Tour the region and meet with potential stakeholders that have properties available for development, as well as review existing Ag and TDL studies
Perform market research to identify commodities, including agricultural products, moving into and out of the region and identify existing facilities within a 500-mile radius of a central location in the region
Analyze the information and data developed, identify market segments and focus the approach to strategic planning
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Project Schedule: These Project Tasks will occur throughout the duration of the grant (January – December, 2015) and in compliance with the Project Timeline provided here: Project Cost: Economic Development Support Shiawassee County - $5,274.00 Ag-TDL Sector Links Project Support - $20,000.00 Total: $25,274.00 Project Payment Schedule: Within 30 days of signature - $21,758 (Invoice and summary due by April 15, 2016) Economic Development Support – $1,758 Ag-TDL Sector Links Project Support – $20,000 August 5, 2016 - $1,758.00 (Invoice and summary due by July 15, 2016) Economic Development Support – $1,758.00 November 30, 2015 - $1,758.00 (Invoice and summary due by November 4, 2016) Economic Development Support - $1,758.00 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.
Steering Committee Meetings M M M M M M
Marketing Services Throughout grant period
Regional Economic Develop Collaboration Throughout grant period
Partnership Projects M M M M M M
DecJul Aug SepI-69 Thumb Region Grant Timeline
(M = Meeting)Oct NovJan Feb Mar Apr May Jun
K:\regionalprosperity\MOAs\2016\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 22, 2016, expiring
December 31, 2016. 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.
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5. Payment. As Consideration for the services to be performed by Contractor, Region V agrees 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
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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 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.
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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. 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,
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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.
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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Signatures: Genesee Lapeer Shiawassee Region V Planning and Development Commission By:__________________________________ Date:_________________________ Economic Development Alliance of St. Clair County By:_________________________________ Date:__________________________
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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, 2015) and in compliance with the Project Timeline provided here: Project Cost: Economic Development Support St. Clair County - $12,525 Project Payment Schedule: Within 30 days of signature - $4,175.00 (Invoice and summary due by April 15, 2016) August 5, 2016 - $4,175.00 (Invoice and summary due by July 15, 2016) November 30, 2016 - $4,175.00 (Invoice and summary due by November 4, 2016) 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.
Steering Committee Meetings M M M M M M
Marketing Services Throughout grant period
Regional Economic Develop Collaboration Throughout grant period
Partnership Projects M M M M M M
DecJul Aug SepI-69 Thumb Region Grant Timeline
(M = Meeting)Oct NovJan Feb Mar Apr May Jun
K:\regionalprosperity\MOAs\2016\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 429 N. State Street, Suite 102, Caro, Michigan 48723.
1. Term of Agreement. This Agreement will become effective March 22, 2016, expiring
December 31, 2016. 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
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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
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time to the Services as is necessary to perform them in a competent, thorough 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.
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16. Modifying the Agreement. This Agreement may be modified only by a writing signed by both parties.
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
K:\regionalprosperity\MOAs\2016\Tuscola County Services Agreement.docx 5
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.
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 429 N. State Street, Suite 102, 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\2016\Tuscola County Services Agreement.docx 6
Signatures: Genesee Lapeer Shiawassee Region V Planning and Development Commission By:__________________________________ Date:_________________________ Tuscola County Economic Development Corporation By:_________________________________ Date:__________________________
K:\regionalprosperity\MOAs\2016\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, 2015) and in compliance with the Project Timeline provided here: Project Cost: Economic Development Support Tuscola County - $3,956 Project Payment Schedule: Within 30 days of signature - $1,318.00 (Invoice and summary due by April 15, 2016) August 5, 2016 - $1,318.00 (Invoice and summary due by July 15, 2016) November 30, 2016 - $1,320.00 (Invoice and summary due by November 4, 2016) 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.
Steering Committee Meetings M M M M M M
Marketing Services Throughout grant period
Regional Economic Develop Collaboration Throughout grant period
Partnership Projects M M M M M M
DecJul Aug SepI-69 Thumb Region Grant Timeline
(M = Meeting)Oct NovJan Feb Mar Apr May Jun
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\2016\3-22-16 Budget Adjustment
II D An Equal Opportunity Organization
DEREK BRADSHAW FISCAL OFFICER
MEMORANDUM
TO: GLS Region V Planning and Development Commission
FROM: Derek Bradshaw, Fiscal Officer
DATE: March 22, 2016
SUBJECT: Budget Adjustments
A final grant award of $235,000 has been approved for 2016 Regional Prosperity
funding. The associated expenditures for this grant need an approved budget. I
am also requesting line item budget adjustments to reduce Consultants by $910
and increase Travel by $585 and Training by $325.
Regional Prosperity Budget
Consultants-100% Staff 33,000
Supplies 1,500
Travel 500
Marketing 50,000
Projects 95,000
RPI County Leads 55,000
Revenue $235,000
At this time, I am requesting approval of the above budget adjustments.
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 II E K:\trans\REGIONV\Meetings\2016\MTPA CONF.docx
MEMORANDUM
TO: Members of the Genesee-Lapeer-Shiawassee Region V Planning &
Development Commission
FROM: Jason Nordberg, Principal Planner
DATE: March 22, 2016
SUBJECT: Michigan Transportation Planning Association Conference
The Michigan Transportation Planning Association (MTPA) is holding their 2016 Annual
Planning Conference in Kalamazoo, Michigan from July 12th through July 15th. A draft
conference agenda has been released and has been included for your review.
Region V has traditionally sent representatives to the conference depending on
committee interest. Registration for the conference is $325 per person. Travel, food and
lodging expenses for attending the conference is $585. The total cost per person for
conference attendance is $910.
TIME Radisson
Topic Speaker Moderator4:00pm to 5:00pm Hotel Check In
3:30 Disc Golf Outing Mark Ferrall
3:30 Golf Outing Andy Tilma
6:00 Dinner on your own
Topic Speaker Moderator Topic Speaker Moderator Learning Obj
7:00 to 8:00 Breakfast & Registration At Fetzer
8:00 to 8:30 Welcome to Kalamazoo Steve Stepek
8:30 to 9:15 Engaging Millenials FHWA Rachael Tupica 8:30 to 9:15 CMP and MiTravel Counts Brad Sharlow Ryan Buck
9:15 to 10:00Woodward Avenue Complete StreetsStudy
Parson Brinkerhoff- Daniel Beard,Barb Arens, and Debbie Schutt Mark Ferrall 9:15 to 10:00 Performanced Based Planning FHWA Suzann Flowers
10:00 to 10:30 Freight Topics Elisha Defrain, MDOT Steve Stepek 10:00 to 10:30 Local Development Partnerships Andrew Haan Andy Tilma
10:30 to 10:45 10:30 to 10:45
10:45 to 11:15
Rolling Together Health,Transportation, and EconomicDevelopment- the BeHealthyBerrienPartnership John Egelhaaf, SWMPC Gautam Mani 10:45 to 11:15 Transportation Asset Management Council
Joanna Johnson, RCKC; Roger Belknap, TAMCCoordinator Fred Nagler
11:15 to 12:00Design standards in the FASTAct/M2D2 Josh DeBruyn, MDOT Nick Sapkiewicz 11:15 to 12:00 A Community Vision for Transit Sean McBride, Metro Transit
Megan Arndt,KATS
12:00 to 1:00
1:00 to 1:30Going zero to 70- Grand Rapids BikeSafety Education
Chris Zull, Traffic Safety Manager, Cityof Grand Rapids Steve Stepek 1:00 to 1:30
Small MPO Roundtable- Opportunity to disucssSmall MPO activities; legislative changes and theirimpacts
Maja Bolanowska, Midland; MDOT Rep from Statewideand Transit Rachael Tupica
1:30 to 2:00How Performance Measures impactBorder Policy Christopher Dingman, FHWA Nick Sapkiewicz 1:30 to 2:00
TMA Round Table- Opportunity to disucss TMAactivities; legislative changes and their impacts
Ryan Buck, WATS, MDOT Rep from Statewide andTransit? Rachael Tupica
2:00 to 2:30 2:00 to 2:30
2:30 to 3:00 Professional Development
Andrea Brown, Executive Director-Michigan Association of Planning(confirmed); Lynee Wells, Williams &Works (possibly) Gautam Mani 2:30 to 3:00 Rural Task Force Update Darell Harden, MDOT Steve Stepek
3:00 to 3:30 Downtown Trail PartnershipsRebekah Kik, Matt Johnson City ofKalamazoo Megan Arndt 3:00 to 3:30 The Web-based TIP- The aftermath? Eric Mullen, MDOT Andy Tilma
3:30 to 4:30 Downtown Trail Bike Tour Kyle Lewis, KRVT Suzann Flowers 3:30 to 4:00Building MPO/RPA Engagement with TransitAgencies in SW Michigan Kim Gallager Rachael Tupica
4:00 to 4:30 Complete Streets in Paw Paw Mickey Bitner, Wightman & Associates Steve Stepek
4:30 to 4:32 MTPA Meeting (Officer Elections) MTPA Meeting
7:00 to 9:00
Topic Speaker Moderator7:30 to 9:00 Breakfast Radisson
9:00 to 12:00 KVCC, Bells Logisitics Center
12:00 to 1:001:00 to 2:30 Battle Creek
2:00 to 3:00 Get to know Kalamazoo- Walking TourKalamazoo Nature Center- GreenwayPlans?
Building Partnerships forProgress
WEDNESDAY 7-13-16 - FETZER CENTER
Transportation to Fetzer- On your own (Transit, bike, or car)
BREAK BREAK
LUNCH LUNCH
NETWORKING BREAK NETWORKING BREAK
Transportation to Hotel- On your own (Transit, bike, or car) Transportation to Hotel- On your own (Transit, bike, or car)AWARDS BANQUET- BELL'S
THURSDAY 7-14-16 MOBILE
LUNCH- KRVT Talk, Dave Rachowicz, @ River Oaks Park
4:30 Run-Bike Ride Darell Harden/Suzann Flowers
Topic Speaker Moderator8:30 to 9:30 Breakfast Radisson
9:00 to 9:30 Pancakes with Pam Pamela Boyd, MDOT Rachael Tupica
9:30 To 10:30 Creating Accessible Content Michele McGowan, DNSWM Steve Stepek
10:30 to 11:0011:00 to 12:00
Evening Acvtivity
FRIDAY 7-15-16 Radisson
Break- Hotel Check OutLegislative Update (Polly Kent, Chris Hunt) & Conference Wrap Up
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 III B k:\trans\regionv\meetings\2016\region 6 update - march.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 22, 2016
SUBJECT: Region 6 Regional Prosperity Initiative Update
Staff continues to work on various partnership projects funded with the previous
RPI grant. The 2016 RPI grant was approved and we received $235,000 of the
$250,000 that was requested.
The craft agriculture directory project is nearly complete. At the February
Steering Committee meeting, staff presented the interactive map of businesses
identified from the seven counties including breweries/wineries, farms, farmers’
markets, meat/poultry, orchards and other small businesses that have specialty
products available. Following the steering committee’s review, staff has
received many additions to the directory. The online version of the map is
expected to be made available on the I-69 Thumb Region website in the
coming weeks, with hard copies following soon after.
The Education Action Team met on March 10 to discuss the Work-Based
Education Programs report. Upjohn presented their draft findings to the group
including employment data and available training programs in the region, and
implementation strategies to optimize training programs. The group provided
comments on the report and a final draft is expected in mid-April.
Progress is also being made on the regional Square Footage study. A
conference call was held between Economic Development partners and
Olsson Associates on February 24th to discuss their findings. They provided
information on specific sites in the region and how the lack of available site
information may effect development opportunities.
The next Steering Committee meeting is scheduled for April 14, 2016 at 10:30am
at the Lapeer County Health Department.
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
JM:dc III C K:\trans\REGIONV\Meetings\2016\Regional_Transit_update_march.docx
DEREK BRADSHAW FISCAL OFFICER
MEMORANDUM
TO: Members of the Genesee-Lapeer-Shiawassee Region V Planning &
Development Commission
FROM: Jacob Maurer, Planner 1
Genesee County Metropolitan Planning Commission
DATE: March 22, 2016
SUBJECT: Governor’s Regional Transit Mobility Initiative Update
On March 1st, the MDOT Office of Passenger Transportation notified all
Metropolitan Planning Organizations and Regional Planning Agencies to provide
information on the final steps of the Regional Transit Mobility Initiative. MDOT is
asking all assigned agencies to organize a face to face meeting with each of the
transit agencies in their respective prosperity regions over the next 6 months.
Following these meeting(s), it will be required to submit a brief report on the
significance of continuing additional planning, evaluation, and/or action
planning within the region. The next statewide conference call is scheduled for
April 18th.
Please follow this link to the project website where you will find further details
http://www.kfhgroup.com/michigan/statewidetransitplan.html.
If you have any questions or comments, please contact me by email at
[email protected] or by phone at (810)-257-3010.
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 SK:dc K:\Region V\Lapeer County Parks Plan\Region V Memo Lapeer County Parks.docx
III D
DEREK BRADSHAW FISCAL OFFICER
MEMORANDUM
TO: Members of the GLS Region V Planning and Development
Commission
FROM: Shane Kelley, Planner I,
Genesee County Metropolitan Planning Commission
DATE: March 22, 2016
SUBJECT: Lapeer County Parks and Recreation Plan Update
The Lapeer County Parks and Recreation Plan 2016-2020 has been completed,
locally approved, and sent to the Michigan Department of Natural Resources for
final review and approval.
A copy of the plan is available online at: http://gcmpc.org/wp-
content/uploads/2016/03/FINAL-Lapeer-County-Parks-Plan-2016-2020.pdf
If you should have any questions you may contact me at (810) 766-6570 or by
email at [email protected].
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 DF:JN:dc k:\trans\regionv\meetings\2016\trafficsafetyplans_march.docx III E
DEREK BRADSHAW FISCAL OFFICER
MEMORANDUM
TO: Members of the GLS Region V Planning and Development
Commission
FROM: Damon Fortney, Planner I
Genesee County Metropolitan Planning Commission
DATE: March 22, 2016
SUBJECT: MDOT Regional Traffic Safety Plans
The Michigan Department of Transportation (MDOT) has begun working with GLS
Region V to develop a Regional Traffic Safety Plan for Genesee, Lapeer and
Shiawassee Counties. Several meetings will be held throughout the year for
safety stakeholders to provide input including road agencies, transit agencies,
police and sheriff’s departments from the region. These meetings will be
interactive allowing discussion of what our emphasis areas should be and what
targets should be set for improving safety.
The first stakeholder meeting was held Wednesday, March 9th from 10:00 a.m. to
12:00 p.m. Atkins Group, the consultant creating the plans, provided an
overview of the project and reviewed traffic crash data for the region.
Stakeholders discussed their biggest concerns regarding safety in their areas
and what they saw as their vision for this process. We expect to hold the next
meeting sometime in May, and invitations will be sent out to all local units of
government and road agencies in the region.
If you have any questions about the Regional Traffic Safety Plan, please feel free
to contact me at (810) 766-6560 or [email protected].
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 III F k:\trans\regionv\meetings\2016\rtf march.docx
DEREK BRADSHAW FISCAL OFFICER
MEMORANDUM
TO: Members of the GLS Region V Planning and Development
Commission
FROM: Jason Nordberg, Principal Planner
Genesee County Metropolitan Planning Commission
DATE: March 22, 2016
SUBJECT: Finalized FY 2017-2020 Rural Task Force Projects
Staff worked in partnership with the small cities and villages in Lapeer and
Shiawassee counties, along with the county road commissions and transit
agencies for each county, to develop the FY 2017 to 2020 schedule of
transportation projects for the Region V Rural Task Force. Staff has attached the
listing of projects to this agenda. The projects represent a total investment of over
$8 million for improvements to the transportation system in Lapeer and Shiawassee
counties.
Required Fields
Fiscal Year County Responsible Agency Project Name Limits Length Primary Work Type Project Description Phase Advance
Construct
Federal Cost
($1000s)
Federal Fund
Source
State Cost ($1000s)
State Fund
Source
Local Cost ($1000s)
Local Fund
Source
Total Phase Cost ($1000s)
MDOT Job No.
Local ID No.
MPO/ Rural Action Date
Amend-ment Type
Air Quality Comments
2017 Lapeer LCRC Imlay City Road Imlay City East City Limit to Dorrow Road 2 Reconstruct Reconstruct CON 680 STL 0 415 CNTY 1,095
2017 Shiawassee SATA Transit Shiawassee County n/a Transit vehicle additions/replacements Bus Purchase 59 STL 0 15 TRAL 74
2017 Shiawassee SATA Transit Shiawassee County n/a Transit operations equipment Security Cameras 13 STL 0 3 OLF 16
2017 Shiawassee SCRC State Road Easton to Johnstone 1.15 Reconstruct Reconstruct CON 456 STL 119 M 160 CNTY 735
2018 Lapeer City of Imlay City E. Capac Road M-53 to East City Limits 0.2 Resurface Mill and Resurface CON 160 STL 31 M 48 CITY 239
2018 Lapeer GLTA Equipment Lapeer County n/a Transit vehicle additions/replacements
Maintenance Vehicle Replacement 15 STL 0 35 OLF 50
2018 Lapeer GLTA Vehicle Purcahse Lapeer County n/a Transit vehicle additions/replacements Cutaway Bus Purchase 64 STL 0 16 TRAL 80
2018 Lapeer Village of DrydenMain Street
(Dryden Road) Part A
Union Street to Mulholland Drive 0.3 Restore & rehabilitate Restore & rehabilitate CON 440 STL 84 M 567 VLG 1,091
2018 Shiawassee City of Durand S. Oak Street and W. Main Street
Oak (Main to S. City Limit) Main (Oak to W. City Limit) 1.12 Resurface Resurface CON 246 STL 63 M 82 CITY 392
2018 Shiawassee City of Laingsburg Grand River Road Woodhull Street to Woodbury Road 0.55 Resurface Resurface CON 163 STL 42 M 119 CITY 324
2018 Shiawassee SCRC Byron Road Newburg to Pittsburg 1.15 Resurface Ultra Thin Overlay (Chip Seal w/Fog Coat) CON 65 STL 0 16 CNTY 81
2018 Shiawassee Village of Bancroft Grand River Road N. Shiawassee Street to Grand River Street 0.27 Restore & rehabilitate Restore & rehabilitate CON 54 STL 14 M 31 VLG 98
2019 Lapeer LCRC Imlay City Road Dorrow Road to East County Line 2 Reconstruct Reconstruct CON 680 STL 115 M 350 CNTY 1,145
2019 Shiawassee SCRC Byron Road Pittsburg to Prior 1 Resurface Ultra Thin Overlay (Chip Seal w/Fog Coat) CON 54 STL 30 M 21 CNTY 105
2019 Shiawassee SCRC Carland Road M-21 to Mason 1.3 Reconstruct Reconstruct CON 474 STL 89 M 161 CNTY 755
2020 Lapeer LCRC Elba Road I-69 to Davison Road 1.75 Reconstruct Reconstruct CON 680 STL 115 M 300 CNTY 1,095
2020 Shiawassee SCRC Byron Road Prior to Miller 1 Resurface Ultra Thin Overlay (Chip Seal w/Fog Coat) CON 54 STL 30 M 21 CNTY 105
2020 Shiawassee SCRC Carland Road Mason to 0.5 miles north of Wilkinson 1.2 Reconstruct Reconstruct CON 474 STL 89 M 30 CNTY 593
RTF FYs 2017-202011/15/15