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