July 20, 2021: Committee of the Whole

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COUNTY OF OSCEOLA BOARD OF COMMISSIONERS’

COMMITTEE OF THE WHOLE AGENDA

Tuesday, July 20, 2021 301 West Upton Ave., Reed City, Michigan 2nd Floor, Board of Commissioners’ Room, 9:30 a.m.

NOTE: Claims will be available for review from 9:00 – 9:30 a.m.

1. Meeting Called to Order by Chairperson.

2. Additions or Deletions to the Agenda – Approval of the Agenda.

3. Brief Public Comments (Three Minute Limit).

4. Employee/Board Comments.

5. Consider Approval of the Minutes of July 6, 2021.

6. Consider Payment of Claims.

7. Consider Other Budget Amendments, Cash Transfers, and Journal Register Report from Treasurer.

8. Old Business – Discuss: a. Finance Committee 7-6-21 Meeting Update – Sally Momany: 1. PA 152 Opt Out. 2. Renew Employee Health Care Plans with BCBS-PPO, BCN-HMO & BCN-HSA. 3. County Contribution of $1,000 for BCN-HSA Plan. b. ARPA Core Committee 7-6-21 Meeting Update – Mark Watkins. c. Personnel & Administration 7-14-21 Meeting Update – Mark Gregory. d. District Court Staffing Compliance Officer – Dan Clise. e. County 2022 Budget – Susan Vander Pol: 1. Non-Union/Appointed Department Heads/Elected Officials 2022 Wage Increase.

9. New Business – Discuss: a. County’s 2020 Audit Presentation – Anderson, Tackman & Company PLC. b. Marion Location for Central Michigan District Health Department – Steve Hall. c. Friend of the Court 2017 CRP Contract Extension FY2022-2023 – David Oostdyk. d. Prosecutor 2017 CRP Contract Extension FY2022-2023 – Tony Badovinac. e. Prosecutor Victim Rights Grant FY2022 Application – Dani Taylor. f. E.M.S. Items – Jeremy Beebe: 1. ACETECH Vehicle Intelligence Quote. 2. Ambulance Rental Extension. 3. Bad Debt Report for April – June 2021. 4. Mutual Aid Agreements. g. Housing Program Income Certification – Jeremy Beebe. h. Sheriff Purchase of Dive Equipment – Mark Cool. i. Big Lake Dam Inspection Agreement with J.E. Tiffany & Sons LLC – David Belden. j. Sales Tax Reimbursements – Karen Bluhm. k. MVAA County Veteran Service Fund FY2021-2022 Grant Application – Susan Vander Pol. l. Closed Session for Property Purchase per MCL 15.267(1).

10. Other Business:

11. Employee/Board Comments.

12. Extended Public Comments (Six Minute Limit).

13. Adjournment.

Note: A quorum of the Board of Commissioners may be present at the Committee meetings.

PUBLIC COMMENT: The Committee welcomes public comment. We appreciate your attendance and look forward to hearing any concerns you may have. We request that the following rules of procedure be followed: At the beginning and at the end of each Committee meeting, there is time to receive public comment from the audience. If you wish to address the Committee, we ask that you stand, give your name and present your concern. If you wish to speak while the Committee is addressing a specific issue, you are asked to make arrangements ahead of time with the Committee Chairperson. No comments or questions will be taken at any other time. If you should require special assistance in order to attend the meeting, please notify the County Coordinator at (231) 832-6196, twenty-four (24) hours before the posted meeting time, for arrangements to be made.

OSCEOLA COUNTY COMMITTEE OF THE WHOLE MINUTES July 6, 2021

The Committee meeting was called to order at 9:30 a.m. by Chairman Gregory.

Present: Commissioners Mark Gregory, Tim Michell, James Custer, Sally Momany, David Turner, Roger Elkins and Jill Halladay

Also, present: Susan Vander Pol-County Coordinator, Justin Halladay-C.O.A. Director, Tracey Cochran-Payroll / Human Resource Specialist, Tonia Hartline-County Treasurer, Mark Watkins, EMD Director and several members of the public.

Motion by Commissioner Turner, seconded by Commissioner Halladay, to approve the agenda as amended. Motion carried.

Brief Public Comment: Judge Scott Hill-Kennedy provided the Board with an update on Circuit Court and the return of having jury trials in Mecosta and Osceola County.

Alan Gingrich, Osceola County Road Commission, spoke about the vacancy in their department with a replacement being hired soon.

Sandra Keller, Hersey, Michigan provided an update on the new office for Michigan Potash on 120th Avenue and a potential date for an open house in September.

Employee/Board Comment: Susan Vanderpol, County Coordinator, let the Board know the CEO of DK Security has passed away and a memorial will be held later this month but the courthouse will have security on that day.

Moved by Commissioner Elkins, seconded by Commissioner Custer, to approve the minutes of June 15, 2021. Motion carried.

Recommended by Commissioner Momany, seconded by Commissioner Elkins, to approve the claims in the amount of $62,454.66. Discussion held. Recommendation was unanimously supported.

Budget Amendments, Cash Transfer & Journal Register Report Commissioner Momany reviewed the budget amendments presented for approval.

Recommended by Commissioner Momany, seconded by Commissioner Michell, to approve the budget amendments as presented. Recommendation was unanimously supported.

E.M.D. Mark Watkins, Emergency Management Director, provided an update on the re-opening of County buildings. He issued an Executive Directive on June 25, 2021 for all general county buildings to open to the public and released departments from the County imposed COVID-19 restrictions not otherwise required by MIOSHA. He stated there are a few items that he is wrapping up from the state of emergency and the EOC will not be required to be open any longer for 10 hours.

Recommended by Commissioner Michell, seconded by Commissioner Custer that per Emergency Management Executive Directive issued June 25, 2021, all general county buildings are open to the public with elimination of the required mask policy, termination of the COVID-19 public screening and appointment requirements and the departments are released from County imposed COVID-19 restrictions not otherwise required by MIOSHA. Recommendation was unanimously supported. Page 2 Committee Minutes July 6, 2021

COVID-19 Policies and Compliance Direction Susan Vander Pol, County Coordinator, stated that departments need to make sure they are following the MIOSHA guidelines and the policies regarding extra benefit time, leaves of absence and unnecessary time off expired June 30, 2021

Health, Safety & Grounds Committee 6-15-21 Meeting Update Commissioner David Turner, provided an update from the Health, Safety & Grounds Committee meeting that was held on 6-15-21. Discussion was held regarding C.O.A using the Upton St. building or the Hersey building and plans going forward.

C.O.A. Various Updates Justin Halladay, Commission on Aging Director, provided an update on the Reed City/ Hersey Senior Center project with potential timelines. He spoke of the tremendous support that was received for the golf outing fundraiser. Additionally, as of today’s date the meal sites are open again.

Animal Control Staffing Michelle Kuz, Animal Control Director, spoke about the request to move a part time employee to a full-time position and feels it would promote longevity. Discussion held.

Recommended by Commissioner Momany, seconded by Commissioner Turner to make the two part-time Animal Control Office Manager positions into one full-time position and fill the position with the current employee. Recommendation was supported with Commissioners voting yes, (Momany, Halladay, Elkins and Custer) and Commissioners voting no, (Gregory, Turner and Michell).

Friend of the Court Staffing Commissioner Momany spoke about her conversation with David Oostdyk Friend of the Court, and the open Enforcement Officer position. She provided specifics and grant funding of the position.

Recommended by Commissioner Momany, seconded by Commissioner Turner to approve filing the Account/Enforcement Officer Friend of the Court position. Recommendation was unanimously supported.

Treasurer Huntington Bank Commercial Card Agreement Tonia Hartline, County Treasurer, presented the Board with the Huntington Commercial Card Account Agreement for approval.

Recommended by Commissioner Turner, seconded by Commissioner Elkins to authorize the utilization of the Commercial Car Account with Huntington Bank and Authorize the appropriate signatures on the Agreement. Recommendation was unanimously supported.

Gypsy Moths Commissioner Elkins spoke about current gypsy moth problem and how surrounding counties are handling the problem. Some counties have a millage for the spraying of gypsy moths and some counties have encountered little or no effect of the spraying, depletion of funds for the spraying, etc. It was noted that the gypsy moth issue is one of a financial issue not a political issue. Addressing the problem now is matter of timing, such as being “notified too late” or “after the fact” and the inability to spray within a certain proximity of federal land.

Interlocal Agreement with City of Evart Susan Vanderpol, County Coordinator, spoke about the Board about an interlocal agreement with the City of Evart for their board of appeals. Discussion was held regarding the agreement with no policy currently in place.

Page 3 Committee Minutes July 6, 2021

Recommended by Commissioner Elkins, seconded by Commissioner Custer, motion fails with (4) commissioners voting no and (3) commissioners voting yes.

Building Inspections/ Emergency Management Internet Service Jon-Thomas Burgess, Technology Coordinator, spoke about the internet service for the EMD Office that is currently being shared with the health department. He provided the Board with the cost of having internet put in place for the EMD Office. Discussion held.

C.O.A. AAWM FY22 Annual Implementation Plan Justin Halladay, Commission on Aging Director, asked to have the Chairman of the Board to sign the contract.

Recommended by Commissioner Momany, seconded by Commissioner Michell to approve the Area Agency on Aging of West Michigan FY22 Annual Implementation Plan and authorize the Chairman to sign. Recommendation was unanimously supported.

Community Corrections Sale of 2005 Chevy 3500 Express Van Jeff LaPlante, Community Corrections Director, asked for approval to see the van with sealed bids. Discussion held.

Recommended by Commissioner Turner, seconded by Commissioner Halladay to sell the 2005 Chevy 3500 Express Van as presented with sealed bids and a minimum bid of $2,000. Recommendation was unanimously supported.

Treasurer Tax Bills Bulk Mailing Fee Tonia Hartline, County Treasurer, asked for clarification from the Board on the bulk mailing fee for the summer tax bills. Discussion held.

Recommended by Commissioner Turner, seconded by Commissioner Michell to approve the purchase of postage for approximately $2,500 to mail summer tax bills. Recommendation was unanimously supported.

Resolution to Oppose Michigan Secretary of State by Appointment Only Services Commissioner Momany, spoke about the Secretary of State “By Appointment Only” service and how it is not conducive to the elderly and those without internet service. Discussion held.

Recommended by Commissioner Momany, seconded by Commissioner Halladay to approve the resolution Opposing Michigan Secretary of State “By Appointment Only” and send it to the entities listed in the resolution. Recommendation was unanimously supported.

Various Items Susan Vanderpol, County Coordinator, presented the County Budget 2022 tentative timeline.

Susan Vanderpol, County Coordinator, requested approval for out of state travel for the E.M.S. Director for an ambulance pre-inspection.

Recommended by Commissioner Turner, seconded by Commissioner Custer to approve the out- of-state travel for the EMS Director to do the ambulance inspection. Recommendation was unanimously supported.

Page 4 Committee Minutes July 6, 2021

Susan Vanderpol, County Coordinator, requested the Board’s approval for the MVAA County Veteran Service Fund Grant FY21.

Recommended by Commissioner Turner, seconded by Commissioner Momany to approve the budget amendment for the MVAA County Veteran Service Fund Grant FY 21. Recommendation was unanimously supported.

Information Technology Commissioner Momany requested that the Technology Coordinator, Jo-Thomas Burgess be present before board meeting to assist with any log in issues. Discussion held.

Closed Session for Collective Bargaining Agreement per MCL.15.268(c)

Recommended by Commissioner Turner, seconded by Commissioner Michell to go into closed session at 11:50 a.m.

Meeting Minutes – Closed Session Recommended by Commissioner Turner, seconded by Commissioner Momany to approve the minutes of the closed session.

Recommended by Commissioner Turner, seconded by Commissioner Elkins to approved splitting the costs, 50/50, for the actuarials for the POAM-Road Patrol and COAM unions. Recommendation was unanimously supported. Commissioner Halladay absent.

Recommended by Commissioner Elkins, seconded by Commissioner Michell to accept county counsels’ recommendation to approve the Purdue Bankruptcy Plan as presented. Recommendation was unanimously supported. Commissioner Halladay absent.

Recommended by Commissioner Michell, seconded by Commissioner Elkins to have Commissioner Gregory and Justin Halladay, C.O.A. Director speak to the Hersey building owner about a potential purchase within the Board’s discussed parameters. Recommendation was unanimously supported. Commissioner Halladay absent.

Employee/Board Comment: Commissioner Elkins likes the new board room set up. He also recommended someone from the Board attend the upcoming MERS conference. He also thinks there should be an upcoming department head meeting.

Extended Public Comment: Susan Vanderpol, County Coordinator stated the additional TV for the board room has been ordered and Quinn’s has been contacted for the wireless installation.

Moved by Commissioner Turner, seconded by Commissioner Elkins, to adjourn at 1:42 p.m. Motion carried unanimously.

______Tracey Cochran, Deputy County Clerk Mark Gregory, Chairman

County of Osceola BUDGET AMENDMENT

TO: County Treasurer and County Clerk

As provided in the Uniform Budgeting and Accounting Act of 1978, as amended, and as approved by the direction of the Board of Commissioners or as established by policy, it is hereby authorized to record the following adjustments to the budget:

FUND: General (X) Debt Service () 245 Capital () Other () Special Revenue ()

REVENUE: Account Name Account Number Decrease Increase

A_ $ A_ $

_$ $

EXPENSE:

Account Name Account Number Increase Decrease Auditors 101.223.808.000 $1,000.00 $ Contingencies- Other 101.890.999.005 $ $1,000.00

$ A_ $ $

$ A_ A_ $ A_ $ A_ $ $ $ $ $

$ A_ $ A_ TOTAL $1,000 $1,000

Auditors

Department Board of Commissioners

L(M. Budget Amendment ff

Department Head Signature Date

07.13.2021

A cash transfer from the fund to the fund is necessary to facilitate this budget amendment.

EXPLANATION:

2020 Audit requires a single audit componant due to the amount of Federal Funds received - $2,500 County of Osceola BUDGET AMENDMENT

TO: County Treasurer and County Clerk

FUND: General () Debt Service ( ) 245 Capital ( ) Other (x) Special Revenue ( )

REVENUE: Account Name Account Number Decrease Increase

A_ _$_

EXPENSE: Account Name Account Number Increase Decrease

Temporary Employees 230-000-702.004 $ 425.00 Dental Insurance 230-000-721.002 $ 425.00

A_ TOTAL $425 $425

Community Corrections

Department Board of Commissioners

c-^'m.A>'L r'NAJv J.^V.ji) AUU^. Budget Amendment # Department Head Signature Date

Date: '^-j2'^oa-f

A cash transfer in the amount of $ ___ from the. fund to the fund is necessary to facilitate this budget amendment.

EXPLANATION: Single plan budgeted for prior employee; using family plan for

current employee. County of Osceola BUDGET AMENDMENT

TO: County Treasurer and County Clerk

FUND: General (x) Debt Service ( ) 245 Capital ( ) Other (x) Special Revenue ( )

REVENUE: Account Name Account Number Decrease Increase Appropriated Fund Balance - Vested Benefits 250-000-699.001 $ 20,000 Transfer In Vested Benefits - General 101-965-695.020 $ 20,000

EXPENSE: Account Name Account Number Increase Decrease Employee Vested Benefits 101-861-702.015 $ 20,000 Transfer Out - Vested Benefits 250-000-999.000 $ 20,000

TOTAL $40,000 $40,000

General / Vested Benefits

Department Board of Commissioners

lf)/U< rci^ô),. Vj.f:^L•ÂUAÂ. Budget Amendment # Department Head Signature Date Date: 7-12-2021

A cash transfer in the amount of $20,000 from the 250 fund to the 101 fund is necessary to facilitate this budget amendment.

EXPLANATION: To pay R. McKinstry's retirement benefits 07/13/2021 09:30 AM JOURNAL REGISTER FOR OSCEOLA COUNTY Page: 1/2 User: MICHELLG Post Dates: 06/01/2021 to 06/30/2021 DB: Osceola Posted and Unposted Journal Entries

Journal Number Date JNL Description User GL Number Description DR CR 12218 06/01/2021 BA PER DEPT TONIA POSTED BY TONIA 101-330-932.000 VEHICLE MAINTENANCE 42.00 101-330-931.000 EQUIPMENT MAINT/REPAIR 42.00 42.00 42.00

12231 06/02/2021 BA DESIGNATED ASSESSOR TO BE PD BY LOCAL UN TONIA POSTED BY TONIA 101-257-635.001 TAX BILL PREPARATION 1,800.00 101-257-808.000 CONTRACTED SERVICES 1,800.00 1,800.00 1,800.00

12247 06/08/2021 BA PURCHASE JUDGE'S LAPTOP WITH COVID $ TONIA POSTED BY TONIA 101-290-528.003 COVID EMER SUPPORT CESF 2,100.00 101-136-755.000 COVID-19 SUPPLIES 2,100.00 2,100.00 2,100.00

12252 06/08/2021 BA TO BUDGET FOR COMMISSARY FUND - NEW LINE TONIA POSTED BY TONIA 595-000-630.013 COMMISSARY COMMISSION 3,900.00 595-000-962.001 JAIL COMMISSARY EXPENSE 3,900.00 3,900.00 3,900.00

12259 06/09/2021 BA PARKS BA REQUESTED BY DEPT HEAD MICHELLG POSTED BY MICHELLG 508-000-934.004 ROSE LAKE LEAF CLEANUP 1,500.00 508-000-980.019 CAPITAL OUTLAY 1,500.00 1,500.00 1,500.00

12261 06/09/2021 BA 2019 HS GRANT ALLOCATION PER DIRECTOR MICHELLG POSTED BY MICHELLG 260-120-543.019 2019 HS GRANT 2,670.50 260-120-931.019 2019 HS GRANT EQUIPMENT 2,670.50 2,670.50 2,670.50

12264 06/10/2021 BA TO REVERSE MANUAL JOURNAL ENTRY: 12252 TONIA POSTED BY TONIA 595-000-630.013 COMMISSARY COMMISSION 3,900.00 595-000-962.001 JAIL COMMISSARY EXPENSE 3,900.00 3,900.00 3,900.00

12265 06/10/2021 BA TO BUDGET FOR COMMISSARY FUND TONIA POSTED BY TONIA 595-000-630.013 COMMISSARY COMMISSION 3,900.00 595-000-768.000 COMMISSARY SUPPLIES 3,900.00 3,900.00 3,900.00

12266 06/10/2021 BA ADD REVENUES & CONTRACTED PYMT EXPEND TONIA POSTED BY TONIA 249-371-479.005 PERMITS MECHANICAL 10,000.00 249-371-808.019 CONTRACTED-MECHANICAL INSPECTOR 10,000.00 10,000.00 10,000.00

12269 06/10/2021 BA COVID CESF GRANT; AMOUNT TO BE REIMBURSE TONIA POSTED BY TONIA 101-290-528.003 COVID EMER SUPPORT CESF 531.00 101-136-755.000 COVID-19 SUPPLIES 531.00 531.00 531.00

12276 06/17/2021 BA PER DEPT TO COVER VOUCHER MICHELLG POSTED BY MICHELLG 101-284-861.000 CONFERENCES/MEETINGS 30.00 101-284-860.000 TRAVEL EXPENSES 30.00 30.00 30.00 07/13/2021 09:30 AM JOURNAL REGISTER FOR OSCEOLA COUNTY Page: 2/2 User: MICHELLG Post Dates: 06/01/2021 to 06/30/2021 DB: Osceola Posted and Unposted Journal Entries

Journal Number Date JNL Description User GL Number Description DR CR 12281 06/17/2021 BA PER DEPARTMENT HEAD MICHELLG POSTED BY MICHELLG 280-120-674.003 FUND RAISER 4,000.00 280-120-930.002 FUND RAISER EXPENSE 3,000.00 280-120-880.001 ACTIVITIES 1,000.00 4,000.00 4,000.00

12285 06/24/2021 BA TRF NEEDED DUE TO OVER BUDGET TONIA POSTED BY TONIA 508-000-808.027 PERMIT FEES 1,000.00 508-000-880.001 ACTIVITIES 500.00 508-000-808.027 PERMIT FEES 500.00 1,000.00 1,000.00

12286 06/24/2021 BA TRF NEEDED DUE TO OVER BUDGET TONIA POSTED BY TONIA 508-000-400.002 CAMP FEE - ROSE LAKE 5,000.00 508-000-958.000 REFUND REIMBURSEMENT 5,000.00 5,000.00 5,000.00

12296 06/30/2021 BA PURCHASE AIR PURIFIERS TONIA POSTED BY TONIA 101-290-528.002 COVID REV SHAR REPLACEMENT CRLGG 3,000.00 101-290-755.000 COVID-19 SUPPLIES 3,000.00 3,000.00 3,000.00

12297 06/30/2021 BA MUTUAL AID YEARLY DUES TONIA POSTED BY TONIA 101-301-635.004 SALVAGE VEHICLE INSPECTION 500.00 101-301-808.009 SALVAGE VEHICLE EXPENSE 500.00 101-301-808.000 CONTRACTED SERVICES 200.00 101-301-744.000 DUES 200.00 700.00 700.00

12298 06/30/2021 BA PER DEPT HEAD TONIA POSTED BY TONIA 282-135-860.000 TRAVEL EXPENSES 1,000.00 282-135-934.000 BLDG MAINT/ REPAIR 500.00 282-135-747.000 GAS & OIL 1,500.00 1,500.00 1,500.00

Total: 45,573.50 45,573.50 OSCEOLA COUNTY FINANCE COMMITTEE MINUTES July 6, 2021

Finance Chair Momany called the meeting to order at 2:05 p.m.

Roll call: Commissioners Mark Gregory, Roger Elkins, Sally Momany, David Turner, Tim Michell and James Custer were present. Commissioner Halladay - Absent

Also present: Susan Vanderpol-County Coordinator, Tracey Cochran, Payroll / Human Resource Specialist and several members of the public.

Motion by Commissioner Turner, seconded by Commissioner Michell to approve the agenda as amended. Motion carried by voice vote. Commissioner Halladay absent.

Brief Public Comment: None

Employee / Board Comment: None

Motion by Commissioner Gregory, seconded by Commissioner Turner to approve the minutes of June 1, 2021. Motion carried by voice vote. Commissioner Halladay absent.

Insurance Jennifer Martin, 44North, shared information about her findings for additional price quotes from other carriers. She spoke about the prescription drug program and how it reflects in the rates versus what is actually spent. Discussion held. The Insurance Renewal will need to be added to the next Committee of the Whole agenda. Jennifer also needs to start preparing the renewal documents for open enrollment and needs direction on how to potential proceed.

A recommendation by Commissioner Michell, seconded by Commissioner Elkins to opt out of PA 152, renew as is with the current plans and maintain the same percentages of 20% for the PPO, 12.5 % for the HMO and HSA employee cost share. Recommendation carried.

Central Michigan Health District Commissioner Turner shared information that Central Michigan Health District is seeking a 3% increase which would result in an approximate increase of $9,200 bringing the County cost to approximately $168,000.

Budget Commissioner Momany held discussion on the current budget timeline and asked if there can be changes made to that timeline. Discussion held.

Investment Funds Tonia Hartline, County Treasurer, asked for direction for the investment of funds. Discussion held.

Employee / Board Comment: Tonia Hartline, County Treasurer, spoke about the HSA plan.

Brief Public Comment: None

Motion by Commissioner Turner, seconded by Commissioner Gregory to approve the adjourn at 3:22pm. Motion carried by voice vote. Commissioner Halladay absent.

______Tracey Cochran, Deputy County Clerk Sally Momany, Finance Chair

DRAFT

OSCEOLA COUNTY BOARD OF COMMISSIONERS’

ARPA CORE COMMITTEE MINUTES July 6, 2021

Meeting Called to Order by Chairman Watkins at 3:32 p.m. in the Board of Commissioners room at the main courthouse located at 301 West Upton Avenue, Reed City, Michigan.

Members Present: Mark Watkins-E.M.D. Director, Mark Gregory – Chairman, Board of Commissioners, Tonia Hartline-Treasurer and Susan Vander Pol-County Coordinator.

Members Absent: Community Developer (vacant position).

Others: Jody Waurzyniak-Executive Assistant.

Additions or Deletions – None.

Motion by Mark Gregory, seconded by Tonia Hartline to approve the agenda. Motion carried with unanimous voice vote.

Public Comments - None.

Employee Comments - None.

Motion by Susan Vander Pol, seconded by Mark Gregory to approve the minutes of the May 26, 2021 meeting. Motion carried with unanimous voice vote.

Discussion of American Rescue Plan Act (ARPA) Funds:

Discussion was held on the comment period for the ARPA funds utilization. As the committee members had no additional items they would like to submit during the comment period, the following motion was made:

Motion by Tonia Hartline, seconded by Mark Gregory to not submit any additional comments on the ARPA funds from the committee members at this time. Motion carried with unanimous voice vote.

Discussion was held on contacts being made by the staff in the Treasurer’s office and Mark Watkins with the cities and townships. Communication has been sent letting them know about the ARPA funds, and the requirements to have a DUNS number and a SAM account. They were provided additional information on the process of how to obtain these items. Mark Watkins and Tonia will continue to contact the other municipal groups.

Discussion was held on possible projects and items the ARPA funds may be able to be used for. The County may have some projects that would be eligible, such as payroll, personnel administration, GIS, technology and building improvements, etc. Additional review and research will need to take place. Until the final guidance documents are published, the county is not committing to any specific project or purchase. Tonia has been working on calculating the county’s revenue losses. Mark Watkins reviewed the potential process for an entity or group to submit a request for the funds. An application would include an explanation of the project or purchase, any match or how it is eligible for the ARPA funding, minimum and maximum dollar amounts requested with start and estimated completion dates. All information will be required to review if a project is eligible under the criteria established for use of ARPA funds.

Board Comments – None. Extended Public Comments – None.

Motion by Tonia Hartline, seconded by Mark Gregory to adjourn at 4:43 p.m. Motion carried with four yes votes: Commissioner Gregory, Mark Watkins, Tonia Hartline and Susan Vander Pol.

Respectfully submitted,

Osceola County Coordinator ‘DRAFT COUNTY OF OSCEOLA BOARD OF COMMISSIONERS PERSONNEL AND ADMINISTRATION COMMITTEE MINUTES

July 14, 2021

Meeting Called to Order by Chairperson Gregory at 2:12 p.m.

Members Present: Commissioners Mark Gregory, Roger Elkins and David Turner

Members Absent: None

Others: County Clerk Karen Bluhm, Emergency Medical Services Director Jeremy Beebe, Equalization Department Appraiser - Val Delamater, Commission on Aging Director Justin Halladay, County Treasurer Tonia Hartline, Register of Deeds Heather Gray and County Coordinator Susan Vander Pol

Additions or Deletions to the agenda – The nonunion wage scale was added to the agenda.

Approval of the Agenda - Motion by Commissioner Elkins, seconded by Commissioner Turner to approve the agenda with the addition of the wage scale. Motion unanimously carried.

Brief Public Comments – None.

Employee Board Comments – Tonia Hartline commented on having the Equalization Director as a county employee. Karen Bluhm and Heather Gray also commented they would prefer to have an employee position versus a contracted service for the Equalization Director.

Approval of the Minutes: Motion by Commissioner Turner, seconded by Commissioner Elkins to approve the minutes of May 27, 2021, as presented. Motion unanimously carried.

Community Developer Position Update - Commissioner Gregory commented he has not had an update with Mecosta County on their application process in consideration of sharing the economic development services.

Equalization Director position – Val Delamater shared with the Committee members that she has the qualifications for the current level required for the Equalization Department Director and currently is the department’s appraiser. She said some directors do the appraising and if selected for the position, she would continue to do that. The department would still need to replace a position. Another person is looking at retiring, and may be interested in working the part-time position. She shared options some counties do in contracting or hiring out some appraisal work.

County Coordinator – Susan Vander Pol handed out a summary of position appointments and duties to assist the commissioners in planning for the position transition with her upcoming retirement in August.

Nonunion Wage Scale - Discussion was held on the nonunion pay scale and classification levels. The entry level for several positions is low compared to other employers’ starting wages for positions in surrounding areas. This is affecting employee recruitment and retention. Discussion was held on options for changing the wage scale, such as dropping the first three steps of each level, adding on additional steps, dropping levels and updating the compensation system. Jeremy Beebe, Karen Bluhm, Justin Halladay, Tonia Hartline and Heather Gray provided information on their department functions and how the wages affect their recruiting and retention for positions. The Committee made the following recommendation:

Recommended by Commissioner Turner, seconded by Commissioner Elkins to propose a 3% increase for the general nonunion employees pay scale for FY 2022. Recommendation was unanimously supported.

Employee Comments – Tonia Hartline commented the employees of the Equalization Department are important for her department operations and having less staff could affect her department’s services.

Board Comments – None

Motion by Commissioner Turner, seconded by Commissioner Elkins to adjourn at 4:16 p.m.

Respectfully submitted,

Osceola County Coordinator

21-5196

Advanced Vehicle Informatics – Capital Purchase

Advanced Vehicle Informatics – Subscription, 36 months Capital Purchase

Subscription

•

David McGowan OSCEOLA COUNTY EMERGENCY MEDICAL SERVICES

July 7, 2021

Osceola County EMS

The attached report includes outstanding accounts for April 2021 through June 2021. We have exhausted all effort to collect on these accounts. These accounts have been written off as bad debt and have been turned over to our collections company.

Thank you,

Jamie Cornelius Billing >ffe()ialist

^ctor

306 N. PATTERSON 3J)C REED CITY, MI 49677 231-832-6152 FAX 231-832-6192 MONTH W/OAMT # OF ACCTS RECEIVED FROM COLLECTION AGENCY April $15250.95 57 $1354.35

May $14466.80 43 0

June $7342.20 30 $1723.45

$37059.95 130 $3077.80 Osceola County EMS Life EMS 306 N Patterson 1275 Cedar Street NE Reed City, MI 49677 Grand Rapids MI 49503 231-832-6152 888-543-3367

AMBULANCE SERVICE MUTUAL AID AGREEMENT

For the purpose of rendering mutual aid in delivering medical care, the undersigned services hereby enter into a mutual aid agreement upon the following terms and conditions:

Section 1. Definitions:

As uses herein: a. "Requesting Agency" shall mean the Agency requesting aid b. "Responding Agency" shall mean the Agency affording or responding to a call for aid

Section 2. Mutual Aid and Contingency Agreement

The members of Life EMS and Osceola County EMS mutually agree to provide mutual aid and contingency service to each other.

Section 3. Authority to Respond to Provide Assistance

a. The authority to make requests for assistance or to provide aid under this Agreement shall reside with the requesting Agency's command personnel and/or command designee. Either Agency shall have the right to request assistance from the other Agency subject to the terms and conditions of this agreement. b. The Emergency Dispatch Center (EDC) will page out the next closest Agency if the primary Agency is unavailable for any reason. Agencies are empowered to set up automatic aid protocols through the EDC for specific circumstances in their service area.

Section 4. Requesting Assistance

An Agency may request assistance from the other Agency when such assistance is essential to protect life.

Upon request, a responding Agency, if determined that an emergency exists, shall dispatch EMS personnel and equipment to aid the requesting Agency.

Section 5. Personnel and Equipment Provided

The requesting Agency shall include in its request for assistance, the amount and type of equipment. Also, specify the location where the personnel and equipment is needed. The final decision on the amount and type of equipment needed shall be solely that of the responding Agency.

The responding Agency shall be immune from any liability in connection with all acts associated herewith, provided that the final decision is made with reasonable diligence. NO Agency shall make any claim against another Agency for refusal to send the requested personnel or equipment.

Section 6. Command and Control at the Emergency Scene

All Agencies have established Incident Command System (ICS) Standard Operating Procedures (SOPs), and will implement them on all incidents involving mutual aid or contingency responses. The responding Agency's personnel and equipment shall report to the Incident Commander or other appropriate officer of the requesting Agency. The responding Agency will report to Incident Command for briefing and assignment.

The responding Agency's personnel and equipment shall be released by the requesting Agency when their services are no longer required or when the responding Agency's resources are needed in their response area.

It is understood that the purpose of this section is to maintain order at the emergency scene and shall not be construed to establish an employee/employer relationship.

Section 7. Reporting and Record Keeping

Each Agency shall maintain its own individual patient care reports.

Section 8. No Reimbursement for Costs

No agency shall be required to reimburse any other Agency for the cost of providing the services set forth in this Agreement for mutual aid services, except as provided in Section 9. Each Agency shall pay its own costs (i.e. salaries, repairs, materials, compensation, etc...) for responding for requests for mutual aid or contingency response.

Section 9. Fees for Ambulance Services

Agencies providing ambulance transport or other services normally billed for will be entitled to their normal fees for service and are responsible for their own billing, insurance filing and collection. Section 10. Liability

Each responding Agency hereby waives all claims against each responding Agency for compensation for any property loss or damage and/or personal injury or death occurring as a consequence of the performance of this Agreement. The responding Agency assumes all liability and/or cost of damage to its equipment and the injury or death of its personnel when responding or performing under this Agreement.

Section 11. Insurance

Each Agency shall procure and maintain such insurance as is required by applicable federal and state law and as may be appropriate and reasonable to cover its staff, equipment, vehicles, and property, including liability insurance, workers' compensation, automobile liability, and property damage.

Section 12. Conflict Resolution

From time to time, personnel from one Agency or another may have some concerns or questions regarding this Agreement or the working relationship of the parties. Should any such issues arise, they should be dealt with by the Agency's chain of command to provide answers or resolution.

Section 13. Term of Agreement

This agreement shall be in full force and effect upon execution by all Agencies hereto. This Agreement shall remain in Effect for a period of one (1) year and shall renew automatically each year unless cancelled by any Agency by giving thirty days written notice. This Agreement may be amended by agreement of all the Agencies.

Osceola County EMS Life EMS

______Signature Signature

______Printed Name/Title Printed Name/Title

______Date Date

Osceola County EMS Mecosta County EMS 306 N Patterson 14485 Northland Drive Reed City, MI 49677 Big Rapids MI 49307 231-832-6152 231-796-2626

AMBULANCE SERVICE MUTUAL AID AGREEMENT

For the purpose of rendering mutual aid in delivering medical care, the undersigned services hereby enter into a mutual aid agreement upon the following terms and conditions:

Section 1. Definitions:

As uses herein: a. "Requesting Agency" shall mean the Agency requesting aid b. "Responding Agency" shall mean the Agency affording or responding to a call for aid

Section 2. Mutual Aid and Contingency Agreement

The members of Mecosta County EMS and Osceola County EMS mutually agree to provide mutual aid and contingency service to each other.

Section 3. Authority to Respond to Provide Assistance

Section 4. Requesting Assistance

An Agency may request assistance from the other Agency when such assistance is essential to protect life.

Upon request, a responding Agency, if determined that an emergency exists, shall dispatch EMS personnel and equipment to aid the requesting Agency.

Section 5. Personnel and Equipment Provided

Section 6. Command and Control at the Emergency Scene

It is understood that the purpose of this section is to maintain order at the emergency scene and shall not be construed to establish an employee/employer relationship.

Section 7. Reporting and Record Keeping

Each Agency shall maintain its own individual patient care reports.

Section 8. No Reimbursement for Costs

Section 9. Fees for Ambulance Services

Section 11. Insurance

Section 12. Conflict Resolution

Section 13. Term of Agreement

Osceola County EMS Mecosta County EMS

______Signature Signature

______Printed Name/Title Printed Name/Title

______Date Date

Osceola County EMS Missaukee County EMS 306 N Patterson 404 East First Street Reed City, MI 49677 Lake City MI 49651 231-832-6152 231-839-2198

AMBULANCE SERVICE MUTUAL AID AGREEMENT

For the purpose of rendering mutual aid in delivering medical care, the undersigned services hereby enter into a mutual aid agreement upon the following terms and conditions:

Section 1. Definitions:

As uses herein: a. "Requesting Agency" shall mean the Agency requesting aid b. "Responding Agency" shall mean the Agency affording or responding to a call for aid

Section 2. Mutual Aid and Contingency Agreement

The members of Missaukee County EMS and Osceola County EMS mutually agree to provide mutual aid and contingency service to each other.

Section 3. Authority to Respond to Provide Assistance

Section 4. Requesting Assistance

An Agency may request assistance from the other Agency when such assistance is essential to protect life.

Upon request, a responding Agency, if determined that an emergency exists, shall dispatch EMS personnel and equipment to aid the requesting Agency.

Section 5. Personnel and Equipment Provided

Section 6. Command and Control at the Emergency Scene

It is understood that the purpose of this section is to maintain order at the emergency scene and shall not be construed to establish an employee/employer relationship.

Section 7. Reporting and Record Keeping

Each Agency shall maintain its own individual patient care reports.

Section 8. No Reimbursement for Costs

Section 9. Fees for Ambulance Services

Section 11. Insurance

Section 12. Conflict Resolution

Section 13. Term of Agreement

Osceola County EMS Missaukee County EMS

______Signature Signature

______Printed Name/Title Printed Name/Title

______Date Date

Osceola County EMS Mobile Medical Response 306 N Patterson 834 S Washington Avenue Reed City, MI 49677 Saginaw MI 48601 231-832-6152 989-758-2900

AMBULANCE SERVICE MUTUAL AID AGREEMENT

For the purpose of rendering mutual aid in delivering medical care, the undersigned services hereby enter into a mutual aid agreement upon the following terms and conditions:

Section 1. Definitions:

As uses herein: a. "Requesting Agency" shall mean the Agency requesting aid b. "Responding Agency" shall mean the Agency affording or responding to a call for aid

Section 2. Mutual Aid and Contingency Agreement

The members of Mobile Medical Response and Osceola County EMS mutually agree to provide mutual aid and contingency service to each other.

Section 3. Authority to Respond to Provide Assistance

Section 4. Requesting Assistance

An Agency may request assistance from the other Agency when such assistance is essential to protect life.

Upon request, a responding Agency, if determined that an emergency exists, shall dispatch EMS personnel and equipment to aid the requesting Agency.

Section 5. Personnel and Equipment Provided

Section 6. Command and Control at the Emergency Scene

It is understood that the purpose of this section is to maintain order at the emergency scene and shall not be construed to establish an employee/employer relationship.

Section 7. Reporting and Record Keeping

Each Agency shall maintain its own individual patient care reports.

Section 8. No Reimbursement for Costs

Section 9. Fees for Ambulance Services

Section 11. Insurance

Section 12. Conflict Resolution

Section 13. Term of Agreement

Osceola County EMS Mobile Medical Response

______Signature Signature

______Printed Name/Title Printed Name/Title

______Date Date

MICHIGAN ECONOMIC DEVELOPMENT CORPORATION ec

PROGRAM INCOME CERTIFICATION

Please review the Program Income Policy complete the questions below. For the purposes of this certification all potential CDBG program income generated in the program year should be counted and reported, regardless of the $35,000 threshold.

Program Income Contact Unit of General Local Government Name: Osceola County Primary Program Income Contact for UGLG: Jeremy Beebe Contact email: [email protected] Contact phone: 231-832-6152

Program Income Information for Program Year: (fill in years) July 1,2020-June 30, 2021 Program Income (Pl) was received for the program year above: YES | | NO Total UGLG for the program year above, was less than $35,000: YES II NO Amount of Pl received for the program year above, was: $18,001

UGLG has received receipts for more than $35,000 for the above program year and will contact the MEDC in order setup the use of Pl. The budget for these funds is as follows:

Budget for Program Income received in excess of $35,000 in PY Emergency Repair Project Costs $ Administration Costs $ TOTAL j_

UGLG intends to use Pl under $35,000 for non-CDBG eligible activities or without full CDBG compliance and requests confirmation from the MEDC to proceed.

UGLG intends to return all program income receipts for the program year above. The MEDC - CDBG Program accepts return of funds via EFT or check. For questions relating to returning CDBG funds please contact either Louis Vinson at [email protected] or Jonathan Lukco at [email protected]

Pay bv Electronic Funds Transfer Pay bv Check Send payment to: Payable to: "State of Michigan" Routing #072000326 Memo: Grant Number if applicable Account #878375851 Mail to: Account Name: Strategic Fund Agency MEDC-CDBG Program ACH to: JP Morgan Chase Bank, N.A. 300 N. Washington Square For credit to: State of Michigan Lansing, Ml 48913

Certification: I certify that to the best of my knowledge and belief that the report is true, complete, and accurate. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812).

Date: x Enter NameofSignee

15-B PROGRAM INCOME CERTIFICATION 04/22. Good Evening Sue,

The Sheriff's Office would like to purchase diving equipment. We recently received a donation from TC Energy Foundation in the amount of $4,854 to support our initiative.

Presently, we have $5,854 in our Dive Team Expenses line 101.301.984.000. (includes TC Energy $ received)

If possible, we would like to go with the cheaper quote from Divers Central, Inc.

Thank you for your time. Quotes Summary: $5,287.50 Divers Central $6,084.00 Amazon + shipping (AquaLung) $8,134.00 Amazon + shipping (Oceanic)

ki/u/// (c:y(f'6iy/'/6<'ii

Office Manager Osceola County Sheriffs Office PH:231-832-2288 Fax:231-832-6173 OfficeManaeer(%osceola-countv.org Hi Jared, The TC Energy Foundation is pleased to inform you that funding has been approved for Osceola County Sheriff's Department in support of your initiative, Osceola County Rescue Dive Team for the following amount(s). #Cash payment breakdown

Payment #1: $4,854.00 TC Energy's Community Giving team will be your ongoing contact and can work with you on administration of your funding and our partnership commitment. Processing of funding can take between four and eight weeks, at which time you will receive an electronic funds transfer (EFT) or check via mail. If you have any questions, please contact us by emailing community [email protected]. Recognition Information: Should you choose to recognize TC Energy verbally, in written forms or through other materials, please refer to us as TC Energy Foundation. A copy of our logo and logo guidelines can be downloaded here. The following accounts can be used for social media recognition. Twitter: (5)TCEnergv Facebook: (a)TCEnerc)vCorporation Linkedln: TCEnemv Instagram: (5)TCEnergy As your community partner, we kindly request the opportunity to review any editorial or promotional material regarding TC Energy's specific contribution or the use of our logo before publication. You can email Community Giving with your materials for review. Please allow five (5) working days for approval. The TC Energy Foundation is committed to supporting organizations that build strong and vibrant communities. Thank you again for the opportunity to be part of this important initiative! Sincerely, TC Energy Team Divers Central, Inc. 251 Clay Dr. Cadillac, MI 49601 231-876-3483 E-mail: divers(%netonecom.net www.diverscentral.com ^\ie. 6)^o+<* -^ d-

^ c^€^ -^4

July 1,2021 J, ^ 3,^-7-^D

RE: Sheriff's Dept Dive gear quote.

Sgt. Moore, \^-^ A/o ^5

After reviewing your current proposal, and breaking down the costs for packages, the following is brings your pricing to 2021 and this quote is good for 90 days.

* Aqualung Titan Regulator •; ^ ABS Octopus 3ProHDBCD '' L1 1300R 2 gauge console w/compass'( J 5mm Thermocline zip Glove ^o 7mm Superzip boot 7 6,5,3mm Hooded Vest ^ 7mm fullJumpsuit c\ Console Retractor Look 2 Mask 1( APEK RK3 Fins ^Trident Octopus holder Deep See Leg Knife Blunt Tip $1,995.75 per diver $3,991.50

Y^/ XTR Complete Backup Rescue System (miniTech Gauge, Compact First Stage, Pony Bottle, tank mount, cap Miflexhose $479.00 per diver $958.00

U/W Kinetics C4 eLed Dive Light $169.00 per diver $338.00

Total: $5,287.50

There's been an 8% increase on goods since this original bid 4 years ago.

What I was suggesting to replace was the Pro HD BCD in this quote with the APEKS Black Ice BCD. Each on cost you an additional $312.40. 7/8/2021 Amazon.corn : AquaLung Pro HD Weight Integrated BCD : Sports & Outdoors

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quaLung Pro HD Weight To buy, select Size itegrated BCD Choose from options to the left

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AquaLung Titan $379.00 Regulator FREE delivery: July 14-19 Brand: Aqua Lung 9 ratings Fastest delivery: Tuesday, July I 10 answered questions 13

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Aqua Lung ABS Octopus i^" $165.00 Brand: Aqua Lung & FREE Returns 9 ratings | 5 answered questions FREE delivery: Monday, July 12 Price: $165.00 & FREE Returns Order within 20 hrs and 35 mins Details Get $10 bonus when you reload $100 or more to your gift card balance. Deliver to Jamie - Clare 48617

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Brand: Aqualung Aqualung Aquaflex 6,5,3mm $129.00 Hooded Vest Mens - X-Large FREE delivery: July 19-26 2 ratings Fastest delivery: July 15 - 20

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Aqua Lung Liquid $61.00 Grip 5mm Cold & FREE Returns

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L-Seyinrang Scuba Diving Mask $195.84 Tempered Glass 2 Window Low $2.74 delivery: July 30 - Aug 19 Volume Snorkeling Swimming Mask Deliver to Jamie - Clare 48617 Brand: L-Seyinrang In stock. Usually ships within 3 to 4 days.

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YYZWNC Professional Adult To buy, select Si2e Long Flippers Scuba Diving Fins Choose from options to the left Swimming Snorkeling ( Add to Cart ) Adjustable Open Heel Flexible Add to List Comfort Underwater Brand: YYZWNC Share

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Gear Keeper RT3-0083 Locking $55.31 m Scuba Console Retractor $3.85 delivery: July 16-22 Swiveling Brass Bolt Clip Mount with Q/C-11 Split Ring Accessory Deliver to Jamie - Clare 48617 by Hammerhead Industries Only 3 left in stock - order soon.

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Zeagle 6 Cu Ft Deploy Pony $626.95 System 750-6206 FREE delivery: July 13-16 Brand: Zeagle 1 rating Deliver to Jamie - Clare 48617

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XuetongXT $44.99 Dependability 2 Pieces FREE delivery: July 30 - Aug 20 Premium Scuba Diving Deliver to Jamie - Clare 48617 Regulator Octopus Hose Holder Keeper In stock. Usually ships within 2 to 3 days. Clip - Blue Black i Qty: 1 Securitily (Color: (' Add to Cart Blue) Brand: XuetongXT Buy Now

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PROFESSIONAL SERVICES AGREEMENT

Consultant: Client: Osceola County Drain Commission J.E. Tiffany and Sons, LLC Client Contact: David Belden 3844 Grizzly Creek Road Address: 301 W. Upton Ave. Yankee Hill, CA 95965 Reed City, MI 49677 231-735-4546 Phone: 231-832-7398 Fax: E-mail: [email protected] Date: April 8, 2021 Project No.:

Project Name / Location: Inspection of Big Lake Dam, Section 18, T17N, R7W, Orient Township, Osceola County, Michigan

Scope / Intent and Extent of Services – J. E. Tiffany and Sons, LLC agrees to provide the following services to Client, subject to the Additional terms and Conditions set forth in this Agreement:

Inspection of Big Lake Dam as per J. E. Tiffany and Sons Proposal dated April 8, 2021.

Fees, Costs, and Payment: For services performed, the Client will pay to J.E. Tiffany and Sons, LLC:

Lump Sum Fee $425.00

Deposit Requested $____ N/A ______Deposit Acknowledge/Date______

Special Conditions: N/A

ACCEPTED AND AGREED TO: The Undersigned agrees to the above, to the Additional Terms and Conditions, and to any Addendum attached to and made a part of this Agreement. The undersigned has full authority to execute this Agreement on behalf of the Client. Should the Client make any claim or assertion that this Agreement was executed without its authority, the undersigned assumes full personal liability.

J.E. Tiffany and Sons, LLC Client

April 8, 2021 ______signature date signature date

__James E. Tiffany, P.E., Owner______printed name / title printed name / title Additional Terms and Conditions

The Consultant shall perform the services outlined in this agreement for the stated fee arrangement. These additional Terms and Conditions are made a part of this Agreement:

Entire Agreement: These Terms and Conditions and the accompanying Proposal constitute the full and complete Agreement between the parties and may be changed, amended, added to, superseded, or waived only if both parties specifically agree in writing to such amendment of the Agreement. In the event of any inconsistency between these Contract Provisions and any proposal, contract, purchase order, requisition, notice to proceed, or like document, these Contract Provisions shall govern.

Standard of Care: CONSULTANT and its employees, subsidiaries, independent professional associates, subconsultants, and subcontractors will exercise that degree of care and skill ordinarily practiced at the same point in time and under similar circumstances by professionals providing similar services. Client agrees that services provided will be rendered without any warranty, express or implied.

Hazardous Materials: The scope of CONSULTANT’s services for this Agreement does not include any responsibility for detection, remediation, accidental release, or services relating to waste, oil, asbestos, lead, or other hazardous materials, as defined by Federal, State, and local laws or regulations.

Approvals: CONSULTANT does not guarantee reviews or approvals by any governing authority or outside agency, nor the ability to achieve or maintain any project timeline.

Compliance: CONSULTANT shall perform its services in accordance with the laws, rules, regulations, and codes that are applicable to the project and in force at the time of the completion of the construction documents.

Changes or Delays: If any additional services and or change/modifications to Consultant’s scope of services are proposed by Client, Consultant shall, upon receipt of such written change or modification, determine the impact on both time and compensation and notify Client in writing. Upon agreement between Client and Consultant as to the extent of said impacts to time and compensation, an amendment to this agreement shall be prepared describing such changes. Execution of the amendment by Client and consultant shall constitute the Consultant’s notice to proceed with the changed scope.

Costs and schedule commitments shall be subject to renegotiation for unreasonable delays caused by the client’s failure to provide specified facilities, direction, or information, or if CONSULTANT’s failure to perform is due to any act of God, labor trouble, fire, inclement weather, act of governmental authority, failure of transportation, accident, power failure, or interruption or any other cause beyond the reasonable control of CONSULTANT. Temporary stoppage caused by any of the above may result in additional cost beyond that outlined in the accompanying Proposal.

Reliance on Information Provided by Others: CONSULTANT shall be entitled to rely, without liability, on the accuracy and completeness of any and all information provided by Client, Client’s consultants and contractors, and information from public records, without the need for independent verification.

Subcontractors: CONSULTANT reserves the right to subcontract to duly licensed persons, firms or corporations any and/or all of the work herein provided for.

Site Visits: In the event that CONSULTANT’s scope of services listed in the Proposal shall include site visits during the construction phase, CONSULTANT shall be serving only in the capacity as a consultant to advise Client on issues involving progress and general design compliance. The CONSULTANT does not assume any responsibility for the quality, sequences, techniques, or timeliness of any contractor’s work, job site safety, continuous onsite inspections, or any issues that fall outside of the CONSULTANT’s scope of services as defined herein.

Consequential Damages Waiver: Neither the Client nor the CONSULTANT shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of, or connected in any way to the Project or this Agreement. This mutual waiver includes, but is not limited to, damages related to loss of use, loss of profits, loss of income, loss of reputation, unrealized savings or diminution of property value and shall apply to any cause of action including negligence, strict liability, breach of contract and breach of warranty.

Suspension/Termination: This agreement may be terminated by the Client or the Consultant at any time with or without cause upon giving the other party written notice. The Client shall remain liable for, and shall within 15 days pay CONSULTANT for all services rendered to the date of suspension of services, plus suspension charges, which shall include the cost of assembling documents, personnel and equipment, rescheduling or reassignment, and commitments made to others on Client’s behalf.

Dispute Resolution: The Client and CONSULTANT agree to submit all claims and disputes arising out of this Agreement to non-binding mediation prior to the initiation of legal proceedings. This provision shall survive completion or termination of this Agreement; however, neither party shall seek mediation of any claim or dispute arising out of this Agreement beyond the period of time that would bar the initiation of legal proceedings to litigate such claim or dispute under the applicable law.

Limitation of Liability: To the fullest extent permitted by law, the total liability, in the aggregate, of CONSULTANT and CONSULTANT’s officers, directors, employees, agents, and subconsultants to Client and anyone claiming by, through or under Client, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to CONSULTANT’s services, the Project or this Agreement, from any cause or causes whatsoever, including but not limited to, negligence, strict liability, breach of contract, or breach of warranty shall not exceed the total compensation under this Agreement.

Law and Venue Governing: This Services Agreement shall be governed by the laws of the State of Michigan. Venue of any action against CONSULTANT shall be in Grand Traverse County. Venue of any action against Client shall be in Grand Traverse County or in the circuit or district court in which the Client resides or has its principal place of business, in the sole discretion of CONSULTANT.

Indemnification: The Client shall, to the fullest extent permitted by law, defend, indemnify and hold harmless the Consultant, his or her officers, directors, employees, agents and subconsultants from and against all damage, liability and cost, including reasonable attorney’s fees and defense costs, arising out of or in any way connected with the performance by any of the parties above named of the services under this agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of the Consultant. Additionally, any time expended by CONSULTANT relating to any litigation shall be compensated at a rate of $135 per hour plus expenses.

Time Limitation of Services Agreement: CONSULTANT reserves the right to withdraw this Services Agreement if not accepted within 30 days.

Ownership of Documents: All reports, notes, drawings, specifications, data, calculations, and other documents, including those in electronic form prepared by CONSULTANT are instruments of CONSULTANT’s service that shall remain CONSULTANT’s PROPERTY. The Client agrees not to use CONSULTANT-generated documents for marketing purposes, for projects other than the project for which the documents were prepared by CONSULTANT, for future modifications to this project, and agrees not to use uncompleted documents without CONSULTANT’s express written permission. Documents may be used for the project for which they were intended if they have been annotated as "Issued for Construction" by the CONSULTANT.

Any reuse or distribution to third parties without such express written permission or project-specific adaptation by CONSULTANT will be at the Client’s sole risk and without liability to CONSULTANT or its employees, subsidiaries, independent professional associates, subconsultants, and subcontractors. Client shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless CONSULTANT from and against any and all costs, expenses, fees, losses, claims, demands, liabilities, suits, actions, and damages whatsoever arising out of or resulting from such unauthorized reuse or distribution.

Billings/Payments: Invoices for the Consultant’s services shall be submitted, at the Consultant’s option, either upon completion of such services or on a monthly basis. Invoices shall be payable within 15 days after the invoice date. If the invoice is not paid within 30 days, the Consultant may, upon written notice to the Client, withhold deliverables and/or suspend further work until payments are brought current. The Client agrees to indemnify and hold CONSULTANT harmless from any claim or liability resulting from such suspension. Deposits shall be credited on the final invoice.

Late Payments: Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% on the then unpaid balance. In the event any portion or all of an account remains unpaid 90 days after billing, the Client shall pay all costs of collection, including reasonable attorney’s fees.