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Posted: 6/3/2020, 4:00 p.m.

BOARD OF COMMISSIONERS MEETING William J. Bunek, Chairman

NOTICE OF MEETING

The Executive Board of Commissioners Meeting of the Leelanau County Board of Commissioners will be held on Tuesday, June 9, 2020, at 9:00 a.m. via Zoom in the Commissioner Meeting Room,

Leelanau County Government Center, Suttons Bay, Michigan

(Please silence cellular/electronic devices) (Proceedings of the meeting are being recorded and are not the official record of the meeting;

the formally approved/accepted written copy of the minutes will be the official record of the meeting.) AMENDED TENTATIVE AGENDA

CALL TO ORDER PLEDGE OF ALLEGIANCE / MOMENT OF SILENCE ROLL CALL COMMUNICATIONS, PROCLAMATIONS, PRESENTATIONS: PAGE #

• Administrator Update• Probate/Family Court Update• 13th Circuit Court/Community Corrections Update 2-22

APPROVAL OF AGENDA / LATE ADDITIONS OR DELETIONS PUBLIC COMMENT ACTION ITEMS

1. 13th Circuit Court – Approval of Resolution #2020-xxx, FY 2021 MDOC Grant Application. 23 2. Family Court – Approval of Annual Child Care Fund Plan and Budget. 24-263. Dennis Muth, Peterson McGregor –

a. Workers Compensation Update.b. Workers Compensation Renewal Agreement. 27-30

4. Sheriff’s Office – Acceptance of 2020 State Marine Safety Grant. 31-345. Planning/Community Development – Set Hearing Date, MSHDA Grant. 356. Monumentation/Remonumentation –

a. Surveyor Services Agreement with O’Non Land Surveying. 36-53b. Surveyor Services Agreement with Holmberg Land Survey.c. Surveyor Services Agreement with Grand Traverse Surveying.d. Surveyor Services Agreement with Leelanau Land Surveying.e. Peer Group Agreement with O’Non Land Surveying. 54 f. Peer Group Agreement with Holmberg Land Survey.g. Peer Group Agreement with Grand Traverse Surveying.h. Peer Group Agreement with Leelanau Land Surveying. 55-63

7. Brownfield Redevelopment Authority – Potential Approval of EPA Grant Application. 648. Treasurer/Equalization – Title Search Services Bid Update.9. Emergency Management –

a. Aspen Wireless Tower Agreement. 65-84b. Tower ISP (Internet Service Providers) Update/Clarification.c. Government Center Tower Bid Update.d. EDA (Economic Development Administration) Grant Update.e. Cherry Capital Connections Contract Clarification.

10. County Parks and Recreation – Approval of Resolution. 85-8611. Administration –

a. 2021 Budget Process and Timeline. 87b. Personnel Vacancies Clarification.c. 2020 Board Goals Update. 88-89d. Tuition Reimbursement Process Review, Commissioner Lautner. 90-97

12. 2019 Audit Report, Steve Peacock, Principal.REVIEW OF FINANCIALS SPECIAL REPORTS BY STAFF, COMMISSIONERS, AND AFFILIATED AGENCIES PUBLIC COMMENT COMMISSIONER COMMENTS APPROVAL OF FINANCIALS

• Amendments & Transfers• Miscellaneous Fund Transfers and Amendments• Claims and Accounts• Post Audit

ADJOURNMENT

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MICHIGAN DEPARTMENT OF CORRECTIONS “Committed to Protect, Dedicated to Success”

Office of Community Corrections

Community Corrections Plan and Application Fiscal Year 2021

CCAB Name: 13th Circuit Court Application Type: Annual/Full

Email the application to: 1. [email protected] 2. Grant Coordinator DUE DATE: May 1, 2020

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mailto:[email protected]

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SECTION I: COMMUNITY CORRECTIONS ADVISORY BOARD INFORMATION Name of CCAB: 13th Circuit Court Federal I.D. Number: 38-6004852

A: General Contact Information: Contact Person (Manager) Manager’s Direct

Supervisor CCAB Chairperson Fiscal Agent

Name: Sherise Shively Carol Stocking Tristan Chamberlain Grand Traverse County Title: Manager 86th Dist Court

Administrator Leelanau County Assistant Prosecutor

Dean Bott- Finance Director

Address:

280 Washington Street 280 Washington Street 8527 E. Government Center Dr 400 Boardman Ave

City: Traverse City Traverse City Suttons Bay Traverse City State: MI MI MI MI Zip: 49684 49684 49682 49684 Phone: 231-922-4559 231-922-4502 231-256-9872 231-922-4680 Fax: 231-922-6889 231-922-6889 231-256-0133 NA Email: [email protected]

rg [email protected]

[email protected]

[email protected]

Type of Community Corrections Board: Regional Advisory Board Counties/Cities Participating in the CCAB: Antrim, Grand Traverse, Leelanau Date application was approved by the local CCAB: 5/26/2020 Date application was approved by county board(s) of commissioners and/or city council: Antirm 6/10/20, Grand Traverse 6/3/2020, Leelanau 6/16/2020 Date application was submitted to OCC: 5/28/2020

B: CCAB Membership Representing: Name Email

County Sheriff: Antrim- Dan Bean, Grand Traverse- Tom Bensley, Leelanau- Mike Borkovich

[email protected], [email protected], [email protected]

Chief of Police: Jeff O'Brien [email protected] Circuit Court Judge: Thomas Power [email protected] District Court Judge: Michael Stepka [email protected] Probate Court Judge: Melanie Stanton [email protected] County Commissioner(s): Christian Marcus

Sonny Wheelock Debra Rushton

[email protected], [email protected], [email protected]

Service Area (Up to 3): Michael Gillespie [email protected] County Prosecutor: Tristan Chamberlain [email protected] Criminal Defense: Janet Mistele [email protected] Business Community: Rob Lajko [email protected] Communications Media: Patrick Livingston [email protected] Circuit/District Probation: Thomas Chapman [email protected] City Councilperson: N/A Workforce Development: Vacant

1. Does your CCAB have Bylaws? Yes If yes, have they been revised within the last 2 years? April 23, 2019

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2. What steps does your CCAB take to orientate new CCAB members ensuring the understanding of their roles and responsibilities? All new members are offered to meet with Manager for an orientation including review of ByLaws, programs available and prceedures. They are also offered to shadow employees to see the roles each have.

SECTION II: ANALYSIS & STRATEGIC PLAN Introduction and Instructions for Strategic Plan: Michigan Public Act 511, also known as the Community Corrections Act, was established in 1988 in an effort to improve the State’s prison commitment rates (PCR) through the development and utilization of evidence-based, community corrections programming that targets Group 2 straddle cell offenders, OUIL-3rd offenders, and probation violators assessed as moderate to high in risk and or needs. Counties and regions establishing a Community Corrections Advisory Board (CCAB) appoint member stakeholders as required by PA-511 to identify and target local criminogenic needs that impact prison commitments and recidivism. CCABs are obligated to abide by PA-511 and Michigan Office of Community Corrections (MOCC) requirements when receiving MOCC funding, including but not limited to data tracking and analysis, as well as minimum program eligibility and utilization requirements. This Application serves as your CCAB’s Comprehensive Plan. To be considered for funding, it must include specific and detailed explanation as to how your plan will impact State Board Priorities, local prison commitment rates, recidivism, and local priorities/initiatives through identified key objectives. Strategies to obtain key objectives as well as outcome/performance indicators must also be identified. For the purpose of this application, the following terms and definitions apply:

1) Key Objectives – Overall PCR Objective, Group 2 Straddle Objective, and Recidivism Objective(s) - your CCAB may identify other objectives in addition to these required objectives.

2) Supportive Strategies – Proposed OCC funded programming and/or services that are intended to support the objectives identified.

3) Strategic Issues – Felony disposition, recidivism, and local priority information that, when combined, form your CCAB’s target areas for your Comprehensive Plan.

Felony Data Analysis: OCC will provide CCABs with relevant felony dispositional data to complete the application. CCABs must analyze this data along with local CCIS data (reports run locally from COMPAS Case Manager) and develop key objectives and supportive strategies that will help attain local goals and support State Board Priorities. A thorough analysis of the data should include:

• Overall PCRs, rates within sentencing guideline ranges, PCRs within Group 1 and Group 2 offense categories, status at time of offense and recidivism of probation violators, both new sentence and technical

• Reference to changes in PCRs compared to prior years • Other changes in your CCAB/area that influence changes (new stakeholders, new or changing policies and/or

procedures, emerging crimes, offender characteristics, etc.) • Review your past OCC funding proposals for ideas

Your data analysis forms the basis of your objectives and strategies. A weak link between them may result in denial of, or conditional revisions to, your Comprehensive Plan. Therefore, it is important to demonstrate a solid connection between your data, objectives, and supportive strategies.

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Example: Objective #1 is intended to impact the overall prison commitment rate (PCR). To address this, your CCAB should analyze local felony dispositional and CCIS data, & identified trends or changes that impacted that data. For example, trends and changes may include:

• CCAB stakeholder changes • New judicial, probation, or CCAB staff or other personnel issues that impact referrals, screenings, or programming • Service provider changes or issues • Trends in local criminality (example: increase in drug related offenses, decrease in probation violations, etc.) • Development or changes in local court services or programming (example: New Specialty Court programming, changes

to court programming eligibility, etc.) Your CCAB must then determine its proposed Overall PCR based on this analysis, with consideration given to the average of the last 3 years. Your CCAB must then identify the strategies that will impact its Overall PCR. All strategies that you are requesting funding for must be also be listed on the Summary Sheet, the Budget Cost Description, and have a completed Program Description. If you request funding for a program or service that is not identified as a strategy impacting any objective, it will not be considered for funding. SAMPLE OBEJCTIVE: To reduce the County’s Overall Prison Commitment Rate (PCR) to 16% or less. SAMPLE STRATEGY: Target moderate-to-high risk, eligible offenders for local sanctions and supportive programming including: C01 Cognitive Programming, G18 Outpatient Treatment Services, and B15 Employment Skills. I15 Gatekeeper will be utilized to screen all offenders for eligibility. A-1: Using OMNI Felony Disposition data supplied by OCC for the previous two fiscal years:

1. Are felony dispositions increasing, decreasing, or stable? Decreasing 2. Describe changes within SGL categories. Report rates with detailed explanation:

ANTRIM: Overall felony dispositions increased by 12 for the County, from 40 in fiscal year FY 2018 to 52 in FY 2019. Prison dispositions decreased by 12 and the prison commitment rate (PCR) decreased to 29% (15 prison dispositions out of 52 total felony dispositions), from FY 2018's rate of 67% (27 prison dispositions out of 40 total felony dispositions). There is a decrease from FY 2017's PCR of 47% (18 prison dispositions out of 38 total felony dispositions). A review of the FY 2019 OMNI data indicates the overall straddle cells (Group 1 and Group 2) decreased from 13 (FY 2017) to 11 (FY 2018) to 11 (FY 2019) while the prison dispositions decreased for these groups from 7 (FY 2017), to 9 (FY 2018), to 2 (FY 2019) It should be noted, of the 2 straddle cell prison dispositions in FY 2019, 2 of them were Group 2 straddle cells. The County is targeting this group. The PCR and prison dispositions decreased for the third year in a row. There were 5 prison dispositions in this group in FY 2017 and it dropped to 4 in FY 2018 and then again to 2 in FY 2019. The PCR decreased as well from 54% to 82% to 18%. The decrease can be attributed to the collaborative efforts of the Judiciary, Prosecutors, Probation Agents supporing and referring to the available CCAB programming. FY 2019’s overall OUIL 3rd dispositions remainde stable at 5 from FY 2018's. There were 0 prison dispositions (PCR 0%) in FY 2019. ************************************************************************************************ GRAND TRAVERSE: Overall felony dispositions decreased by 24 for the County, from 238 in fiscal year FY 2018 to 214 in FY 2019. Prison dispositions increased by 11 and the prison commitment rate (PCR) increased to 38% (81 prison dispositions out of 214 total felony dispositions), from FY 2018's rate of 29% (70 prison dispositions out of 238 total felony dispositions). There is a significant decrease from FY 2017's PCR of 45% (98 prison dispositions out of 220 total felony dispositions). A review of the FY 2019 OMNI data indicates the overall straddle cells (Group 1 and Group 2) decreased from 61 (FY 2017) to 57 (FY 2018) to 51 (FY 2019) while the prison dispositions increased from 2018 but decreased from 2017 for

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these groups from 37 (FY 2017), to 26 (FY 2018), to 33 (FY 2019) It should be noted, of the 33 straddle cell prison dispositions in FY 2019, 18 of them were Group 2 straddle cells. The County is targeting this group. The PCR and prison dispositions increased. There were 16 prison dispositions in this group in FY 2017 and it dropped to 13 in FY 2018 and then up again to 18 in FY 2019. The PCR increased as well from 53% to 31% to 69%. The CCAB is increasing the target of these offenders by addressing the barriers to success in addressing criminal thinking (C01, MRT) and addressing traumatic histories that haven't been targeted in the past (C01- MTREM). FY 2019’s overall OUIL 3rd dispositions increased to 31 from FY 2018's, 19 dispositions. There were 12 prison dispositions (PCR 39%) in FY 2019,. This population is going to be targeted more in our Sobriety Court treatment court who accepts OWI 3rds in a delayed status. This population is going to be referred more to our C01 programs of MRT and MRTEM, to the local PRS facility, as well as community programs not funded by OCC. ************************************************************************************************ LEELANAU: Overall felony dispositions remained stable for the County, from 21 in fiscal year FY 2018 to 21 in FY 2019. Prison dispositions remained stable at 10 and the prison commitment rate (PCR) remained at 47% (10 prison dispositions out of 21 total felony dispositions). There is an increase in PCR from 39% in 2017, however an overall decrease in both the dispostions and prison sentences are down from 2017 (13 prison dispositions out of 33) A review of the FY 2019 OMNI data indicates the overall straddle cells (Group 1 and Group 2) decreased from 12 (FY 2017) to 6 (FY 2018) to 7 (FY 2019) while the prison dispositions increased from 2018 but decreased from 2017 for these groups from 6 (FY 2017), to 2 (FY 2018), to 5 (FY 2019) It should be noted, of the 7 straddle cell prison dispositions in FY 2019, 3 of them were Group 2 straddle cells. The County is targeting this group. The PCR increased. There were 8 prison dispositions in this group in FY 2017 and it dropped to 2 in FY 2018 and then up again to 4 in FY 2019, still lower than 2017. The CCAB is increasing the target of these offenders by addressing the barriers to success in addressing criminal thinking (C01, MRT) and addressing traumatic histories that haven't been targeted in the past (C01- MTREM). FY 2019’s overall OUIL 3rd dispositions remained stable from 2018 to 2019 at 2. Of those for both years 1 person was sent to prison and both years had a 50% PCR. There is a reduction from 2017 from 9, which had 3 prison sentences and a PCR of 33. While that is an increase in PCR, it is actually a decrease from 3 to 1 sent to prison. *********************************************************************************************** Averaging the three counties we have had a reduction in overall Sentences as well as reduction in prison sentences. Because our populations are so low, very small fluctuations in our populations can show drastic differences in PCR. For example in Leelanau County that had 1 prison sentence of an OUIL 3rd out of 2 offenders results in a 50% PCR for that category, which doesn't accurately reflect how low of a contribution that actually accounts for. The regions data for the last 3 years shows: 2017: 123 prison out of 291 sentences Overall PCR 42% 2018: 107 prison out of 299 sentences Overall PCR 36% 2019: 117 prison out of 276 sentences Overall PCR 42% As you can see since 2017 we have had both a reduction in overall sentences and prison dispositions, although the PCR remains the same. If the participants from our treatment courts who are all felons in a delayed sentence but not included in any of these

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numbers are figured in, for 2019 our data would reflect a PCR of 36% (48 deferred participants).

3. Provide information regarding policies, procedures, program operations, pertinent issues or opportunities which emerged, or other factors which have positively/negatively affected the achievement of objectives--for example, local changes regarding early jail release, implementation of required program fees, stakeholders--CCAB manager or staff, judges, magistrates, prosecutor, sheriff, contractor/service providers. Briefly describe the impact and, if negative, how it was addressed. A new Judge was appointed at the end of 2016 and he supports all of our programs and services as well as the sitting Chief Judge. They welcome any new opportunities for offenders. Our Pre Trial program has shown success as this population were never supervised in the past and with supervision now, they have significantly less violations and more are being shown to be supervisable in the community. Our Drug Court and Sobriety Court programs directly divert felons from possible prison sentences.

4. What steps will you take if you find that you are not meeting your objectives or your strategies are not being implemented as planned? Program utilization will be monitored on a constant basis by manager. If any underutilization of programs occur, staff will take steps to increase participation as well as encourage DOC staff to utilize our programs. If goals are not being met, CCAB Manager will discuss with CCAB what steps they want to take to address any problems. Also manager will meet with Judges, DOC Supervisor and Prosecutor to address changes/needs to encourage our alternative options to prison. Manager also contacts grant coordinator often about program objectives and utilization. Manager has always worked closely with the OCC staff in Lansing to address any changes needed.

A-2: Felony Analysis Key Objectives and Strategies

NOTE: • Objectives should be measurable and provide sufficient detail so progress can be monitored. • Each objective should be followed by at least one strategy (step, action, policy, and program) that will help you achieve

your objective. • Your objectives and strategies should be supported by the analysis above. • Keep in mind that all programs for which you are requesting funding are considered strategies. Be sure to clearly

identify them as strategies. 1. Objective #1 is intended to impact the overall prison commitment rate – please state the Objective: Reduce the Overall

Prison Commitment Rate (PCR) to 38% or lower Programs in support of Objective #1: 1. I25-Gatekeeper- CCAB staff determines eligibility of all programs below through the gatekeeper process. 2. F22- Pretrial Assessment- Praxis assessment will be completed on all new felony arrests to determine risk/need, bond reccomendations for Judges and eligibilty for F23. 2. F23-Pre-Trial Supervision- Offenders will be monitored for compliance of all court orders including, drug/alcohol usage, and placed in outpatient/residential services as needed. 3. D08-Pre-Trial Electronic Monitoring- Pre-Trial offenders requiring a GPS as a bond condition will be placed on electronic monitoring allowing them to be released from jail. This will allow to them to remain employed, participate more fully in their court case, and be supervised in the community instead of jail. Participants of D23 Drug Court who are in a pretrial phase will also be eligible in lieu of a jail sentence or revocation from program, thus not being remanded to Circuit Court. 4. D23-Intensive Supervision Jail Alternative- Targeting Group 2 Straddle Cell-Once an offender has been sentenced and served their required minimum, they are placed in jail alternative options and monitored in lieu of jail and/or further sentence into prison for violations. 5. D23- Intensive Supervision Drug Court- Targeting Group 2 Straddle Cell drug/property crime offenders, who are addictied. Will be placed in a delayed sentence and if successful will be allowed to plea to a misdemeanor. Thus a true prison diversion. 6. C01-MRT- After completion of PRS or DDJR, jail alternative clients will be sent through MRT group counseling. Target PV offenders not in jail--will be referred by their agent to MRT in lieu of a formal PV, avoiding a new sentence. 7. C01- MTREM- For those who score 1 or higher on an ACE questinnaire they are eligible to be referred to trauma counseling.

2. Objective #2 is intended to impact the Group 2 Straddle Cell rate – please state the Objective: Reduce the Group 2 straddle cell PCR to at 35% or lower

Programs in support of Objective #2:

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1. I25-Gatekeeper- CCAB staff determines eligibility of all programs below through the gatekeeper process. 2. F22- Pretrial Assessment- Praxis assessment will be completed on all new felony arrests to determine risk/need, bond reccomendations for Judges and eligibilty for F23. 2. F23-Pre-Trial Supervision- Offenders will be monitored for compliance of all court orders including, drug/alcohol usage, and placed in outpatient/residential services as needed. 3. D08-Pre-Trial Electronic Monitoring- Pre-Trial offenders requiring a GPS as a bond condition will be placed on electronic monitoring allowing them to be released from jail. This will allow to them to remain employed, participate more fully in their court case, and be supervised in the community instead of jail. Participants of D23 Drug Court who are in a pretrial phase will also be eligible in lieu of a jail sentence or revocation from program, thus not being remanded to Circuit Court. 4. D23-Intensive Supervision Jail Alternative- Targeting Group 2 Straddle Cell-Once an offender has been sentenced and served their required minimum, they are placed in jail alternative options and monitored in lieu of jail and/or further sentence into prison for violations. 5. D23- Intensive Supervision Drug Court- Targeting Group 2 Straddle Cell drug/property crime offenders, who are addictied. Will be placed in a delayed sentence and if successful will be allowed to plea to a misdemeanor. Thus a true prison diversion. 6. C01-MRT- After completion of PRS or DDJR, jail alternative clients will be sent through MRT group counseling. Target PV offenders not in jail--will be referred by their agent to MRT in lieu of a formal PV, avoiding a new sentence. 7. C01- MTREM- For those who score 1 or higher on an ACE questinnaire they are eligible to be referred to trauma counseling.

B: Recidivism Analysis The updated Public Act 511 mandates that CCABs “Provide improved local services for individuals involved in the criminal justice system with the goal of reducing the occurrence of repeat criminal offenses that result in a term of incarceration or detention in jail or prison.” As such, CCABs are required to address recidivism within their comprehensive plan, with a specific emphasis on how the plan is intended to impact the local recidivism rates. The State Board has defined recidivism as “Probation Violations, either technical or new sentence, resulting in prison,” and has identified Probation Violators as being indicative of performance in this area:

i. Probation Violators with a new felony conviction resulting in a prison sentence ii. Technical Probation Violators resulting in a prison sentence

Based on OMNI Report 3, please use the following table to report the number of Probation Violators that resulted in a prison disposition for each listed category. Regional CCABs should list the Probation Violation Data for each County separately and provide a total, regional rate at the end of each row. B-1: Using OMNI Felony Disposition data supplied by OCC for:

Previous Fiscal Year Recidivism Rates

County Name Antrim Grand Traverse Leelanau Totals for

Region: Probation Violation - New Sentence to Prison

Total 3 5 0 8

Probation Violation – Technical to Prison

Total 3 15 1 19

B-2: Using OMNI Felony Disposition data supplied by OCC for the previous fiscal years:

1. Are Probation Violations increasing, decreasing, or stable? Increasing 2. Describe changes within the Probation Violation data for the previous two fiscal years. Report rates with detailed

explanation: Antrim: 2018 PVNS=2, 2019= 3 PVT 2018=3, 2019=3 increase of 1 violators to prison Grand Traverse: 2118 PVNS=5, 2019=5 PVT 2018=8, 2019=15 inecrease of 7 violators to prison

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Leelanau: 2018 PVNS=0, 2019=0 PVT 2018=1, 2019=1 no change- stable overall for the region there were 8 more violators sent to prison. This is the first time in two years we have had an increase in our PV prison sentences.

3. Provide information regarding policies, procedures, program operations, pertinent issues or opportunities which emerged, or other factors which have positively/negatively affected the achievement of objectives--for example, local changes regarding early jail release, implementation of required program fees, stakeholders--CCAB manager or staff, judges, magistrates, prosecutor, sheriff, contractor/service providers. Briefly describe the impact and, if negative, how it was addressed. In response to the opiod epidemic in our region, starting in the Pre-Trial phase, new felony offenders are identified via Gatekeeper to participate in our Drug Court program as well as any other diversion practices the prosecutor deems appropriate. WIth education and awareness of addiction and available resources provided by our CCAB, Judges as well as DOC Agents are taking advantage of new practices available and diverting those who traditionally would remain in circuit court as a violator, but are now allowing them to participate in availalble diversion programs. This is having a positive impact on not only our Violators, but our overall PCR. **A note regarding our PCR- participants in our Drug court (22 for 2019) and Sobriety Court (26 for 2019) are never remanded to Circuit Court, therefore their convictions are not entered into the denominator of sentenced felons. This skews our accurate PCR as those offenders are not included. Our overall PCR for 2019 was 37%. If the above 48 offenders were included our PCR would be 31%.

4. What steps will you take if you find that you are not meeting your objectives, or your strategies are not being implemented as planned? Program utilization is monitored monthly by manager. If any underutilization of programs occur, staff will take steps to increase participation as well as encourage DOC staff and Judges to utilize our programs. If goals are not being met, CCAB Manager will discuss with CCAB what steps they want to take to address any problems. Also manager will meet with Judges, DOC Supervisor and Prosecutor to address changes/needs to encourage our alternative options to prison. Manager also contacts grant coordinator often about program objectives and utilization. Manager has always worked closely with the OCC staff in Lansing to address any problems noted.

B-3: Recidivism Key Objectives and Strategies

NOTE: • Objectives should be measurable and provide sufficient detail so progress can be monitored. • Each objective should be followed by at least one strategy (step, action, policy, and program) that will help you achieve

your objective. • Your objectives and strategies should be supported by the analysis above. Keep in mind that all programs for which you

are requesting funding are considered strategies. Be sure to clearly identify them as strategies. 1. Objective #1 is intended to impact recidivism by targeting: Probation Violators with a new sentence State the

Objective: Programs in support of Objective #1:

2. Objective #2 is intended to impact recidivism by targeting: Technical Probation Violators State the Objective: Reduce the prison commitment of PVT at or below 15% of all prison dispositions.

Programs in support of Objective #2: 1. I25-Gatekeeper- CCAB staff determines eligibility of all programs below through the gatekeeper process. 2. F22- Pretrial Assessment- Praxis assessment will be completed on all new felony arrests to determine risk/need, bond reccomendations for Judges and eligibilty for F23. 2. F23-Pre-Trial Supervision- Offenders will be monitored for compliance of all court orders including, drug/alcohol usage, and placed in outpatient/residential services as needed. 3. D08-Pre-Trial Electronic Monitoring- Pre-Trial offenders requiring a GPS as a bond condition will be placed on electronic monitoring allowing them to be released from jail. This will allow to them to remain employed, participate more fully in their court case, and be supervised in the community instead of jail. Participants of D23 Drug Court who are in a pretrial phase will also be eligible in lieu of a jail sentence or revocation from program, thus not being remanded to Circuit Court. 4. D23-Intensive Supervision Jail Alternative- Targeting Group 2 Straddle Cell-Once an offender has been sentenced and served their required minimum, they are placed in jail alternative options and monitored in lieu of jail and/or further sentence into prison for violations.

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5. D23- Intensive Supervision Drug Court- Targeting Group 2 Straddle Cell drug/property crime offenders, who are addictied. Will be placed in a delayed sentence and if successful will be allowed to plea to a misdemeanor. Thus a true prison diversion. 6. C01-MRT- After completion of PRS or DDJR, jail alternative clients will be sent through MRT group counseling. Target PV offenders not in jail--will be referred by their agent to MRT in lieu of a formal PV, avoiding a new sentence. 7. C01- MTREM- For those who score 1 or higher on an ACE questinnaire they are eligible to be referred to trauma counseling.

C: COMPAS Criminogenic Needs Profile 1. Please list the top 3 needs scales as identified within the COMPAS Criminogenic Needs and Risk Profile provided by OCC

or as presented by your local needs data. Additionally, present both the local and OCC strategies that will impact the identified needs scales: Antrim: Criminal Involvement, Substance Abuse & Experience of abuse as an adult (f), Crimnial personality (m) Grand Traverse: Criminal involvement, Substance Abuse & Experience of abuse as an adult (f), History of Non-Compliance (m) Leelanau: Criminal Involvement, Substance Abuse & Experience as an adult/child(f), & History of non-compliance (m). Substance Abuse: LOCAL STRATEGIES: Clients are assessed by NMRE our local PIHP for any SUD levels. Clients are placed in the appropriate treatment recommended. Our local PRS facility is used for almost all male offenders. If they complete Residential Treatment they then step down to the PRS facility and participate in outpatient treatment including MRT/MTREM. OCC FUNDED PROGRAMS: I25 Gatekeeper, F23 Pretrial, D23 Intensive Supervision/Drug Court,D23 Intensive Supervision Jail Alternative, DDJR Funding. C01MRT, C01 MTREM. Non- Compliance History: OCC FUNDED STRATEGIES: MRT- This program targets a change the thinking patterns involved in criminal behavior. MTREM which targets both SUD and Trauma related issues. NON OCC funded includes TREM which is for females who experience trauma and funded by our PIHP. Criminal Involvement: OCC FUNDED STRATEGIES: MRT- Targets the cognitive thinking patterns of offenders. NON OCC FUNDED PROGRAMS: Our counties fund treatment for Theft related convictions, Domestic Violence & Other violent behaviors. Criminal Personality- OCC FUNDED STRATEGIES: MRT- Targets the cognitive thinking patterns of offenders. NON OCC FUNDED PROGRAMS: Our counties fund treatment for Theft related convictions, Domestic Violence & Other violent behaviors. Experience of violence as an adult/child- OCC Funded MTREM which targets SUD and Traumatic experiences. NON OCC funded includes TREM which is typically funded by our PIHP.

2. Provide information regarding policies, procedures, program operations, pertinent issues or opportunities which emerged, or other factors which have positively/negatively affected the achievement of objectives--for example, local changes regarding early jail release, implementation of required program fees, stakeholders--CCAB manager or staff, judges, magistrates, prosecutor, sheriff, contractor/service providers. Briefly describe the impact and, if negative, how it was addressed. Manager now participates in the CJCC, Is on the panel for Substance use coalitions in both Grand Traverse and Leelanau, she also advocates for better SUD treatment and processes by the local PIHP as a Board Member of the regions CMH. These involvements are all educating local stakeholders and policy makers in our region and having a positive impact.

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3. What steps will you take if you find that you are not meeting your objectives, or your strategies are not being implemented as planned? I will discuss with my CCAB what steps they would like to take. Work with my grant coordinator, Judges and local MDOC staff.

D: Local Initiative to Address Probation Violators Please explain in detail what is being done locally to address the needs of felony probation violators, both new sentence and technical. Include your identification and screening strategies as well as risk/need identification. Include both local and OCC funded initiatives. Judges and DOC officers are informed of all OCC funded as well as local programming already discussed earlier in the application and encouraged to allow offenders to participate as well as referr to our programming. During Gatekeeper, CCAB staff determine who is eligible and gather required data from DOC agents.

E: Local Vocational/Educational Initiatives Please explain in detail what is being done locally to address the local vocational/employment needs of offenders. Remember to consider trade schools, community colleges or universities who offer training to our offenders. Include both local and OCC funded initiatives. We have no OCC funded programs in this area. Our local Michigan Works program is well run and offers many programs and assistance to offenders to help them obtain employment. CCAB staff also works very closely with those they supervise to help them obtain employment, each offender unless they are disabled are expected to be full time employed. Staff assist with resumes, job applications, interview techniques and can also provide transportation to job interviews as needed. Goodwill Industries of Northern Michigan also has a Work Skills training program. Offenders are referred for training and once complete Goodwill will place them in a paid position. Staff work with Northwestern Michigan College for techinical training programs available. Michigan Works also provides Manager with information for free training opportunities available to offenders when they are scheduled. For example, welding and construction progams have been held in 2019/2020.

F: Local Initiatives to Address Persons with Substance Use Disorder(s) 1. What (if any) gaps in services has your CCAB identified and documented to address offenders’ substance use needs?

Our region has worked with the PIHP for our area for over a decade to arrange treatment for offenders. Both the DOC agents and CCAB Staff arrange for screenings by the Northern Michigan Regional Entitiy (NMRE) the PIHP to determing level of need. For participants of either I24, D23 or are DDJR Eligible in Sobriety Court, because our area is so remote and transporation is often non existant, this is a large barrier to sucess. Another barrier is for those who are not approved for funding from the PIHP and do not have private insurance, they are unable to access services if they can't afford to pay for it out of pocket. Another barrier is the cost of copay fees for treatment. Manager was assigned to serve on our 6 county Community Mental Health Board in March 2019, this board is under the umbrella of the local PIHP, therefore Manager has conversations with the PIHP and it's board memebers on a regular basis to address issues or problems in our region with Substance Use Treatment.

2. If you identified gaps in question (1.), please describe how your CCAB plans to address these needs, including details regarding the referral process, screening and assessment, referral to treatment for appropriate level of care and aftercare planning. Once an offender is screened/assessed by NMRE or the local area treatment provider, for those who don't have transporation available to enter treatment, which is up to 4 hours away, CCAB staff will transport offenders or will arrange and provide bus transportation to the offender. Staff will also arrange transport back to local area once completed to then being next level of care. For those who aren't eligible for PIHP assistance and cannot afford out of pocket outpatient service, CCAB staff work with area providers to arrange sliding fee scale payments.

G: Other Local Initiatives 1. Present any local priorities such as development of criminal justice coordinating councils, Specialty Courts, public

education, etc., which have not been identified in the above sections, but have an impact on the performance indicators:

11

11

Grand Traverse county initiated a CJCC several years ago and has become more active in the last 12-18 months. Manager participates in each meeting, providing assistance and information when forming local policies. Manager promotes our programs and avalaiblitiy of services at each meeting. While the CJCC is in Grand Traverse County, our Judges and Court systems serve all three counties, therefore the processes in these areas can have a positive effect for all three counties. For example manager is able to provide information in regard to our Pre Trial process and then take the issues identified back to the Judges and Court administrators who will need to make adjustmens and/or address the problems identified.

2. Please explain how the Comprehensive Plan, in coordination with the above Local Initiatives, will impact the State Board Priorities, and ultimately offender success: The Comprehensive Plan provides us the opportunity to administer our OCC funded programs, as well as arrange opportunities for offenders to participate in local initiatiatives not funded by OCC, which are numerous. We are fortunate to have a fairly "rich" area in treatment options, public interest and support. The Comprehensive Plan enables us to fill the programs that aren't provided in the community and that work is done by staff who are funded by the Grant. Each of the programs we have, directly target the state board priorities of reducing prison commitments and violations. Our Judges support the programs we have and know that these services cannot be provided anywhere else in our legal system. We have developed a good system using OCC resources fiscally responsibly, as well as local initiaves to create individualized plans for each of our participants. Those plans target the direct needs of each person and address their barriers to success such as addictions, criminal thinking/activites, education needs and life skills, thus creating a situation where they can be successful. Our Community Corrections department and staff are often the first line in addressing needs when the Judges don't know where to place someone for the help they need. We have always been creative and problem solving when given numerous difficult situations. Our goal is to address any need presented by the court and arrange resources to offenders who no one else is serving in those areas. During the COVID-19 process CCAB staff were intensively active in processing inmates that could be monitored by our department for release from jail. This didn't just effect felons, this was for all inmates in jail whether in Pretrial status, work release or sentenced. Our department was the only one able to act quickly to provide this supervision, because of the prepared programs we already have in place. Our CCAB provides excellent options for the entire criminal court system.

H: Jail Data Analysis: • Using JPIS or local snapshot data, please provide information pertaining to the number of offenders on record as well as

the ADP % of housed inmates for each of the categories below. • Please fill out each answer for this section completely, with the correct information. Applications with incomplete data

may be rejected. (NOTE: Regional CCABs should complete analysis for each county.)

Current Jail Utilization

County Antrim Grand Traverse Leelanau

General Information RDC (Rated Design Capacity) 56 168 72

Utilization as % of RDC 62 83 23

Number of off-line beds 0 0 0

Felon Population Sentenced Felons 6 35 3 Unsentenced Felons 5 48 4

Misdemeanant Population Sentenced Misdemeanants 16 26 8

12

12

Unsentenced Misdemeanants 8 31 2

1. Does your county have a written county jail population management plan per PA 139 of 2007? Yes 2. In the previous year, did your sheriff initiate a reduction in population because the jail exceeded 95% of RDC for 5

consecutive days per Public Act 140 of 2007? No. If YES, explain how this was carried out: 3. In the previous FY, how many times did the county declare an official (in writing) jail overcrowding state of emergency

(over 100% of RDC for 7 consecutive days) per Public Act 140 of 2007? 0, for all three counties 4. Does your jail submit JPIS data? No

If not, please provide a rationale for not submitting JPIS data: Antrim: JMS software will not run JPIS, Grand Traverse: This counties software is now able to process JPIS data and manager will attempt with state assistance to start this process. Leelanau: JMS is now able to compile and submit data, manager will work with state assistance to start this process

5. What vendor or jail management software is used to report jail utilization? Antrim: OSSI/Superion Reports Grand Traverse: Tyler Tech, New World Leelanau: Motorolla Spillman Flex

G-1: Using JPIS data (or local data as available) provide an analysis of local jail utilization including the average daily populations/lengths of stay of jail populations including felon and misdemeanant utilization, sentenced and unsentenced populations, partially sentenced populations, boarders, and offense categories. (Regionals: use carriage return [Enter] to separate information by jail)

1. This application uses Local Snapshot Data 2. Are bookings up, down, or stable? Down 3. Describe changes in ADP or AvLOS for the population groups reported above:

The following data show changes from 2018-2019. A shapshot of ADP data was used as the jails do not submit data via JPIS. Manager takes data one day per quarter typically the first of the month, and then averages that for the year (for each county). ANTRIM: Sentenced Felons 2018- (4)--2019 (6), an increase of 2. Unsentenced Felons: 2018- (6)--2019 (6) stable. Sentenced Misdemeanors: 2018- (13)--2019 (16), increase of 3. Unsentenced Mids: 2018- (11) 2019 (8) decrease of 3. GRAND TRAVERSE: Sentenced Felons 2018- (41)--2019 (35), decrease of 6. Unsentenced Felons: 2018- (56)--2019 (48), a decrease of 8. Sentenced Misdemeanors: 2018- (31)--2019 (26), decrease of 5. Unsentenced Mids: 2018- (35) 2019 (31) decrease of 4. LEELANAU: Sentenced Felons 2018- (4)--2019 (3), a decrease of 1. Unsentenced Felons: 2018- (6)--2019 (4), a decrease of 2. Sentenced Misdemeanors: 2018- (6)--2019 (8), increase of 2. Unsentenced Mids: 2018- (3) 2019 (2) decrease of 1. Antrim's numbers show a marginal increse of 1. Unsentenced decreased by 4 and sentenced increased by 5. Leelanau county is stable with unsentnced increasing by 1 and sentenced decreasing by 1. Grand Traverse had decreased jail usage Unsentenced 12 less, and sentenced 11 less, overall difference of 22 less inmates. For the region the totals show a decrease of jail utilization.

4. Provide additional information to explain your jail utilization here including changes in stakeholders, law enforcement priorities, bed closures, etc.: Grand Traverse jail had a change in leadership. The new Jail Captain is very focused on increasing opportunities for inmates regarding programming and services. Our three jail Captains fully support our programs and assist CCAB staff greatly by accomodating our staff who enter their facilities, provide areas to meet with inmates, techical support and safety assistance.

13

13

G-2: Describe policies and practices that influence jail population: 1. Does the jail have a bed allocation plan? No 2. Does the jail accept boarders from other counties? YesIf YES, what is the daily rate charged for a boarder? Antrim:

NO/Grand Traverse: $40 /Leelanau: $30-35 per day 3. Does the jail have a county-imposed cap on local bed utilization to provide space for boarding? No If YES, report

number of boarders and the % of the RDC for all boarders. 4. Does the jail accept MDOC or Federal boarders under contract? Yes If YES, what is the daily rate charged for MDOC

and/or Federal boarders? Antrim: Yes for Tribal borders (flat yearly contract) /Grand Traverse:NO /Leelanau MDOC $35 per day

5. What was the revenue from boarders for the previous year? Antrim: $25,000 /Grand Traverse: NA / Leelanau $220,230.00

6. Provide additional analysis you feel is necessary to explain your jail utilization: Judges have been made aware of and participated in the Governors Jail Task Force and are beginning to implement in a small way some of the reccomendations, which CCAB Manager has strongly encouraged.

14

Position 1

Title:

2080.00 1.00

Program Code/Name CPS DDJR Local/Other Fee Revenue Totals Duties and Responsibilities

Administration 41,846 36,000 77,846

Manage staff, complete reports, budgets, provider contracts, grants. Manage programs, billing, budgeting. Plan, monitor and assess all aspects of programs and department. Represent CCAB at public meetings, on various boars, coalitions and commissions.

Local funding provides remaining costs of postion

Z01 ‐ DDJR Services for Sobriety Court 20,000 20,000

Manger completes all Compas assessments for each OWI 3rd offender, tracks sentencing data for reports, facilitates allplacement into DDJR/OCC funded residential & outpatient treatment. Manager also is liason between treatment and district court staff due to the nature of PA511 funding knowledge. There is no DOC agent, thus the need for Manager to oversee this.

F22 ‐ Pretrial Assessment 3,354 3,354 Administer PRAXIS, Run LEIN and gather CCH data and complete reports to submit to court.

Name of Individual:

Program Cost Descriptions FY2021

13th Circuit

Salary & Wage Costs

Manager Sherise Shively

Number of Hours Worked Per Year.(Full Time is 2,080)

Funding Sources & Cost Allocation

FTE Equivalent:

15

I25 ‐ Gatekeeper 2,000 2,000 Administer screening in jail or community for eligibility, gather data from sentencing, DOC agents, etc to determine program eligibility

Z01 ‐ DDJR Gatekeeper 2,000 2,000 Gatekeeper tasks for DDJR eligible offenders

‐ Postition cost includes wages and all county approved fringe benefits including leave, medical, dental, etc.

Totals 47,200 22,000 36,000 ‐ 105,200

Title:

2080.00 FTE Equivalent: 1.00

Program Code CPS DDJR Local/Other Fee Revenue Totals Duties and Responsibilities

I25 ‐ Gatekeeper 6,000 6,000 Administer screening in jail or community for eligibility, gather data from sentencing, DOC agents, etc to determine program eligibility.


F23 ‐ Pretrial Supervision 3,867 3,867 Supervise and support offenders while on bond, provide reports to agents, prosecutor and courts

D23 ‐ Intensive Supervision House Arrest

7,500 7,500 Screen, create amended court orders, arrange placement in community, supervise, support and monitor offenders in the program

Z01 ‐ DDJR House Arrest Supervision 3,500 3,500 Supervision for eligible DDJR Offenders

Position 2Community Corrections Officer Margaret Drury



Name of Individual:

16

‐ ‐ ‐ 0 57,652 57,652 Local funding provides remaining costs of postion


Totals 18,367 3,500 57,652 ‐ 79,519

Title:




D23 ‐ Intensive Supervision House Arrest

9,500 9,500 Screen, create amended court orders, arrange placement in community, supervise, support and monitor offenders in the program

Z01 ‐ DDJR House Arrest Supervision 3,500 3,500 Supervision for DDJR eligible offenders

‐ ‐ ‐ 0 ‐ 68,750 68,750 Local funding provides remaining costs of postion


Totals 15,800 3,500 68,750 ‐ 88,050

Title: Name of Individual:

Name of Individual:



Position 4

Position 3Community Corrections Officer Vacant

Community Corrections Officer Lynn Hildebrand 17





F23 ‐ Pretrial Supervision 30,295 30,295 Supervise and support offenders while on bond, provide reports to agents, prosecutor and courts

Z01 ‐ DDJR Pretrial Supervision 6,205 6,205 Supervise and support DDJR eligible offenders while on bond, provide reports to agents, prosecutor and courts

Z01 ‐ DDJR Gatekeeper 1,700 1,700 Gatekeeper functions for DDJR eligible offenders

Z01 ‐ DDJR Pretrial Assessment 3,400 3,400 Assessment for DDJR eligible offenders


Totals 55,195 11,305 ‐ ‐ 66,500

Title:




Name of Individual:



Position 5Community Corrections Officer Maryann Bratcher

18


D23 ‐ Drug Court 19,760 19,760 Resonsible for entire Drug Court case load, prepares PSI, arranges all programming for offender, attends weekly court hearings, weekly team meeting, meets with offender minumum of 2x's per week.

I25 ‐ Gatekeeper 3,700 3,700 Administer screening in jail or community for eligibility, gather data from sentencing, Compas Assessment, DOC agents, etc to determine program eligibility.

42,606 42,606 Local funding provides remaining costs of postion


Totals 23,460 ‐ 42,606 ‐ 66,066

Title:





Z01 ‐ DDJR Pretrial Assessment 3,145 3,145

22,904 22,904 Local funding provides remaining costs of postion


Totals 36,991 3,145 22,904 ‐ 63,040

Salary & Wage Totals 197,013 43,450 227,912 ‐ 468,375



Position 6

Compliance Officer Courtnie SmusName of Individual:

19

Program Code CPS DDJR Local/Other Fee Revenue Totals

C01 ‐ Moral Reconation Therapy 23,760 23,760 ‐ ‐

Sub ‐ Total 23,760 ‐ ‐ ‐ 23,760


C01 ‐ Male Trauma Recovery and Empowerment Model

6,000 6,000

‐ Sub ‐ Total 6,000 ‐ ‐ ‐ 6,000

Services Provided:

Terms of Reimbursement:

Moral Reconation Therapy

$220 Per group session, Groups with less than 3 eligible offenders will be paid at $40 per person per session for those participants.

Name of Provider: Addiction Treatment Services

Services Provided: Male Trauma Recovery and Empowerment Model

Terms of Reimbursement:


Contract 3

$220 Per group session, Groups with less than 3 eligible offenders will be paid at $40 per person per session for those participants.

Name of Provider: Total Court Services

Contract 1


Contract 2

Name of Provider: Addiction Treatment Services

Contractual Services

20


D08 ‐ Pretrial GPS Monitoring 15,000 15,000 Z01 ‐ DDJR Alcohol Monitoring 20,250 20,250 F23 ‐ Pretrial Supervision 1,000 1,000

‐ ‐ ‐ ‐ ‐

Sub ‐ Total 16,000 20,250 ‐ ‐ 36,250 ‐

Total 45,760 20,250 ‐ ‐ 66,010

Program Code CPS DDJR Local/Other Fee Revenue Totals Description

Administration 5,233 5,233 Computers, printers, ON BASE, electronic supplies and IT services provided to staff Total 5,233 ‐ ‐ ‐ 5,233


Administration 1,000 1,000 Office Supplies, desks, chairs, etc C01 ‐ Moral Reconation Therapy 1,625 1,625 Workbooks for MRT Participants. 65 books @ $25 per book.

‐ Total 2,625 ‐ ‐ ‐ 2,625


Supplies

Equipment

Travel


Services Provided: Provider of all electronic monitoring devices & APP Court Fact

Terms of Reimbursement: $4.25 per person per day for GPS and In‐Home PBT machines. $9 per person per day for CAM Alcohol Monitoring devices. APP Court Fact, $1.00 per reminder (estimate for year of 1,000 reminders).

21

Administration 8,000 1,750

9,750

Staff travel between 3 counties to see offenders at offsite locations. This happens at least twice weekly and often more when Pre Trial offenders need to be seen before court. (cont. below)

‐

Manager attends all needed county board meetings and community meetings as well as required OCC trainings and board meetings which may require overnight hotel, mileage and meals. (cont. below)

‐

Staff Transports clients to Residential Treatment throughout state who are funded by local PIHP‐Medicaid. 2‐3 staff attend MATCP conference yearly which requires overnight hotel, meals and mileage.

Total 8,000 ‐ 1,750 ‐ 9,750


Administration 2,325

2,325

Membership fees for associations, Conference expenses for Annual Probation officer conference, Drug Court Conference, local trainings. Manager/Judges and/or staff member to attend National Association of Pretrial Services conference in 2021.

Total 2,325 ‐ ‐ ‐ 2,325

Program Code CPS DDJR Local/Other Fee Revenue Totals DescriptionAdministration 400 Supplies and food for CCAB meetings 3 x's per year

Total 400 ‐ ‐ ‐ 400

Program Code CPS DDJR Local/Other Fee Revenue Totals Description ‐ ‐ ‐ 0 ‐

Total ‐ ‐ ‐ ‐ ‐

Other

Board Expenses

Training

22

Chet Janik, County Administrator

Leelanau County Government Center 8527 E. Government Center Drive, Suite

#101 Suttons Bay, Michigan 49682

(231) 256-9711 (866) 256-9711 toll free (231) 256-0120 fax

leelanau.cc [email protected]

BOARD OF COMMISSIONERS Tony Ansorge, District #1

Debra L. Rushton, District #2 William J. Bunek, District #3

Ty Wessell, District #4 Patricia Soutas-Little, District #5 Carolyn Rentenbach, District #6 Melinda C. Lautner, District #7

Leelanau County Resolution #2020-_____ 13th Circuit Court Community Corrections Grant Application to MDOC for FY 2021

WHEREAS, on June 16, 2020, the Leelanau County Board of Commissioners approved submission of the yearly Plans and Services Grant Application to the Department of Corrections, Office of Community Corrections; and, WHEREAS, the grant is for one year beginning October 1, 2020, and is consistent with the prior year’s funding amount of $325,056.00 and, WHEREAS, now, the application requires approval from the Leelanau Board of Commissioners to continue funding for the next fiscal year with no changes or amendments. NOW, THEREFORE, BE IT RESOLVED BY THIS BOARD OF COMMISSIONERS, that Leelanau County approves the submission of the 13th Circuit Court Community Corrections FY2021 Grant Application to Michigan Department of Corrections/Office of Community Alternatives as presented.

23

EXECUTIVE DOCUMENT SUMMARY

Department: Select one

Contact Person: Joseph Povolo

Telephone No.: 231-256-9803

Source Selection Method

D Select One

Oother:

Budgeted Amount: $696,290.00

Submittal Dates

. 6/0912020 [!] Executive Board:

[!] Regular Session: 6/16/2020

VENDOR:

Address:

Phone:

Contracted Amount:

Document Description

D Board/Committee Recommendation D Other

D Request to Waive Board Policy on Bid Requirements

This is the Annual Plan and Budget for the Child Care Fund for fiscal year 10-1-2020 through 9-30-2021. It is prepared in accordance with the State Child Care Fund Monitoring Unit Rules. This document describes and includes potential programs and services that may fall under the Foster Care, Institutional Care, In-Home Supervision and Basic Grant Components and anticipated costs. This plan must be approved and signed by the Family Court Judge, Board of Commissioners Chairperson, and Director of MDHHS. All original signature pages must be sent electronically through MiSACWIS to MDHHS by 8-15-2020. The FY 2020-2021 Child Care Fund Budget request is for $696,290.00. This is $1,050.00 less than last year's budget.

Approval of this plan commits the state to reimbursement of 50% of approved Child Care Fund expenditures. If costs exceed the approved budget, it will fall on the county to fund 100% of the costs. Therefore, just because we budget the amount, doesn't mean we will spend it, but it helps to insure the county will only be responsible for 50% instead of 100%. History of the amount spent from CCF APB is significantly less than what has been budgeted.

suggested Motion to recomm_end approval of the Child Care Fund Annual Recommendation: Plan and �udget m the amount of $696,290.00 for Leelanau

County, F1scal Year October 1, 2020, through September 30,2021.

,,,..-VA-,w, £.v.. �,ko-1-S:--' 6, 01 , 2020Department Head Approval: ____________ Date: _______ _

$513,343.00

X State Contract

X

24

10:00AM

October 11, 2019

38 of 71

County of Leelanau

Report: Rbudsta2.rpt

Period Ending Date: August 31, 2019

2020 ADOPTED

Account Number

Department

Fund 292 Child Care Fund

2017 Audited 2018 Audited 2019

Year-to-date

2019 Adopted

Budget

2019 Amended

Budget

2020 Proposed

Budget

BOC Changes Adopted

Account Name


Fiscal Year 2019

Revenues

29,202.00 0.00 28,910.00 0.00Fund Balance Forward000000-401.000

29,202.00 38,154.00 0.00 28,910.00

100,000.00 139,791.03 100,000.00 146,315.19State Grants000000-563.000

100,000.00 100,000.00 53,228.59 100,000.00

800.00 1,102.48 800.00 826.70State - Reimb. Vol. Activities000000-563.004

800.00 800.00 0.00 800.00

16,000.00 17,533.27 16,000.00 20,319.23Reimbursements & Other000000-676.000

16,000.00 16,000.00 7,449.48 16,000.00

367,341.00 183,670.50 367,341.00 275,505.75Operating Transfers In000000-699.000

367,341.00 367,341.00 167,341.00 367,341.00

513,343.00 513,343.00 342,097.28 442,966.87 513,051.00 513,051.00 522,295.00 228,019.07Revenues Total

Expenses

1,000.00 0.00 0.00Overtime000000-702.000

1,000.00 1,000.00 0.00 1,000.00 1,000.00

110,164.00 116,752.96 107,561.24Salaries000000-703.000

110,606.00 110,164.00 69,978.88 110,606.00 110,164.00

5,094.00 5,663.90 5,425.68Salaries -non-work holiday000000-703.006

5,094.00 5,094.00 2,443.52 5,094.00 5,094.00

800.00 800.00 800.00Longevity000000-703.014

800.00 800.00 0.00 800.00 800.00

1,000.00 1,000.00 1,000.00401(a) Pension Plan000000-706.000

1,000.00 1,000.00 0.00 1,000.00 1,000.00

8,956.00 9,271.11 8,517.44Social Security000000-717.000

8,989.00 8,956.00 5,400.16 8,989.00 8,956.00

27,156.00 38,926.00 31,796.00Hospitalization000000-718.000

27,156.00 36,400.00 27,300.00 27,156.00 27,156.00

15,134.00 22,312.17 21,475.43Retirement000000-719.000

15,581.00 15,134.00 9,507.24 15,581.00 15,134.00

2,020.00 1,779.13 1,762.16Life Insurance/Disability000000-720.000

2,020.00 2,020.00 1,223.98 2,020.00 2,020.00

1,000.00 131.69 138.35Office/Operating Supplies000000-727.000

1,000.00 1,000.00 59.95 1,000.00 1,000.00

300,000.00 125,640.27 158,965.90Contractual Services000000-801.000

300,000.00 300,000.00 96,669.02 300,000.00 300,000.00

2,000.00 0.00 0.00Summer Camp Expenses000000-801.003

2,000.00 2,000.00 0.00 2,000.00 2,000.00

305.00 45.00 45.00Membership Dues and Fees000000-807.000

305.00 305.00 235.80 305.00 305.0025

10:00AM

October 11, 2019

39 of 71

County of Leelanau

Report: Rbudsta2.rpt

Period Ending Date: August 31, 2019

2020 ADOPTED

Account Number

Department


2017 Audited 2018 Audited 2019

Year-to-date

2019 Adopted

Budget

2019 Amended

Budget

2020 Proposed

Budget

BOC Changes Adopted

Account Name

156.00 618.75 156.00Telephone000000-850.000

156.00 156.00 117.00 156.00 156.00

1,356.00 1,480.68 1,316.96Telephone - Cell phone000000-850.001

1,356.00 1,356.00 887.88 1,356.00 1,356.00

15,000.00 14,425.44 13,999.44Travel000000-860.000

15,000.00 15,000.00 9,392.22 15,000.00 15,000.00

0.00 17.33 0.00Taxable Travel000000-860.001

0.00 0.00 0.00 0.00 0.00

5,606.00 4,711.00 4,298.00Computer Charges (Rental)000000-941.000

4,976.00 5,606.00 4,204.50 4,976.00 5,606.00

15,804.00 16,648.00 15,804.00Buildings & Grounds Charges000000-943.000

15,804.00 15,804.00 11,853.00 15,804.00 15,804.00

500.00 465.00 425.00Education000000-960.000

500.00 500.00 473.15 500.00 500.00

513,343.00Expenses Total 373,486.60 513,051.00 239,746.30 360,688.43 513,343.00 513,051.00 522,295.00

-18,591.15 0.00 0.00 0.00-11,727.23 0.00 69,480.27 0.00

513,051.00 228,019.07 513,343.00 342,097.28Revenues Total 442,966.87 513,343.00 513,051.00 522,295.00

513,343.00 513,343.00 513,051.00 239,746.30Expenses Fund Total 360,688.43 522,295.00 373,486.60 513,051.00

0.00-18,591.15 69,480.27 0.00 0.00Net (Rev/Exp) -11,727.23 0.00 0.00

26

Traverse City, Cadillac, Lake City, Manistee, Petoskey

Proposal of Insurance

Prepared for:

Leelanau County

Presented by: Dennis Muth

Term dates: 7/1/2020 to 7/1/2021

28

Service Team

Personal. Mindful. Attentive.

Account Executive Dennis Muth

Customer Service Janet Douglas, CWCC, CISR

Personal Lines Service Raelene Warfield, Sarah Plesha and Ellen Jabour

Accounting Carrie Henry

Employee Benefits Raquel Paulus and Nicole Rodriguez

(231) 922-7220

Fax (231) 922-7275

visit us at petersonmcgregor.com

29

Workers Compensation / Employers Liability Insurance Company: Accident Fund Insurance Co. Proposed policy period: 07/01/20 to 07/01/21

Coverage Detail

Limits Description $1,000,000 Employers Liability: Each Accident $1,000,000 Employers Liability: Disease – Policy Limit $1,000,000 Employers Liability: Disease – Each Employee

Included Workers Compensation: Statutory Benefit

Locations & Classifications

State Code Classification Current Payroll

Renewal Payroll

MI

7720

Police Officers

$2,856,147

$2,927,550

MI

8810

Clerical

$2,381,207

$2,440,737

MI

8820

Attorneys

$386,400

$396,060

MI

9015

Janitorial Operations

$121,966

$125,015

MI

9102

Parks

$31,626

$35,600

MI

9410

Municipal Employees

$1,017,000

$1,042,425

Optional Coverages Included

• Acident Fund Group Program – Potential Dividend Payout o Dividend paid in 2019 for 07/01/17 term: $4,942.96

Experience Modification Factor .67 (was .67)

Premium Summary / Comparison

Coverage Current Premium Proposed Premium Workers Compensation $46,897 $50,890

DISCLAIMER – The abbreviated outlines of coverage’s used throughout this proposal are not intended to express any legal opinion as to the nature of coverage. They are only visuals to a basic understanding of coverages. Please read your policy for specific details of coverages.

30


Department: Sheriff

Contact Person: Mike Borkovich

Telephone No.: _2 _5_6_-8_8_0_0 _______ _

D Bid· State Contract

D Other: ___________ _ Account Number {Funds to come from): ________ _

I Budgeted Amount: ________ _

� Executive Board: 06/09/2020

� Regular Session: 06/16/2020

VENDOR:

Address/ Phone:

------------

· D Request to Waive Board Policy on Bid Requirements

The Leelanau County Sheriff's Office has been awarded $28,600.00 for 2020 through the StateMarine Safety Grant Program. This funding is to be used for our Marine Safety Program asoutlined in the attached Grant Agreement. We request permission to accept the GrantFunding.

Suggested The County accept the State Funding for Marine Safety as outlined in the 2020 Marine Safety Grant Agreement in the amount of $28,600.00; funds to be deposited in 101.100.225.331, Marine Division.Recommendation:

Department Head Approval:-----%�·-��· ___ Date: 0512812020

X

$87,084.00 $28,600.00

31

William J. Bunek, Chairman

Leelanau County Board of Commissioners

June 16, 2020

34



Bid

Other: ____________________________ Account Number (Funds to come from):d ______________________

VENDOR: _____________________________

Address/ Phone: Phone: _____________________________

Department:

Contact Person: ____________________________

Telephone No.: ____________________________

Suggested Recommendation:

Department Head Approval: _______________________________ Date: ______________________

Submittal Dates

Executive Board: ____________________

Regular Session: ____________________


Board/Committee Recommendation Other _________________________________

Budgeted Amount: ____________________ Contracted Amount: __________________

Request to Waive Board Policy on Bid Requirements

35


Department:

Contact Person:____________________________

Telephone No.: ____________________________


Bid

Other: ____________________________

VENDOR: _____________________________

Address: _____________________________

Phone:_______________________________


Board/Committee Recommendation Other_________________________________

SuggestedRecommendation:

Department Head Approval:________________________________ Date: ______________________

Submittal Dates

Executive Board: ____________________

Regular Session: ____________________



_______________________________________________ _________


Reset Form Print/Save

Planning/Comm. Development

Trudy Galla, Director

231-256-9812

■06/09/2020

■06/16/2020

Select One

$ 22,400.00 $ 22,400.00

■ Professional Service

Attached is one of the four (4) Surveyor Services Agreements for theRemonumentation Program. This agreement is the same as the one drafted byCorporate Counsel in 2019 - with updates to the Scope of Services for the number ofcorners to be completed, and the dates throughout the document. There is $22,400 inthe grant budgeted for the Surveyors remonumentation work and the total for all four (4)of these Agreements is $22,400.

Agreements are with:

O'Non Land Surveying - $5,000 (Survey 5 corners)Holmberg Land Survey - $2,000 (GPS work on 5 corners)Grand Traverse Surveying - $7,000 (Survey & GPS 5 corners)Leelanau Land Surveying - $7,000 (Survey & GPS 5 corners) plus $1,400 for the Planupdate = $8,400

*NOTE - Only one Agreement was provided for brevity. All Agreements are on file withthe Planning Director and can be shared, upon request.

Motion to approve the Surveyor Services Agreements with O'Non Land Surveying,Holmberg Land Survey, Grand Traverse Surveying, and Leelanau Land Surveyingwith costs to come from the Remonumentation Program.

06/02/2020 36

SURVEYOR SERVICES AGREEMENT

This Agreement is entered into by and between:

LEELANAU COUNTY (“County”) 8527 E GOVERNMENT CENTER DRIVE

SUTTONS BAY, MICHIGAN 49682

And

GRAND TRAVERSE SURVEYING AND MAPPING (“Surveyor”) PO BOX 87

CEDAR, MICHIGAN 49621

The terms and conditions of which are as follows:

I. DEFINITIONS:

A. County. The term “County” shall mean Leelanau County of the State of Michigan.

B. County Application. The term “County Application” shall mean the

Leelanau County Survey and Remonumentation Grant Application for the calendar year covered by this Agreement, as approved by the State of Michigan Department of Licensing and Regulatory Affairs.

C. County Representative. The term “County Representative” shall mean the

Michigan licensed surveyor appointed by the County to oversee all survey, monumentation and remonumentation work required by the County Application.

D. Grant Administrator. The term “Grant Administrator” shall mean the

Leelanau County Survey, Monumentation and Remonumentation Grant Administrator, Trudy Galla, Leelanau County Planning/Community Development Director, 8527 E. Government Center Drive, Suite 108, Suttons Bay, MI 49682.

E. Grant Agreement. The term “Grant Agreement” shall mean the Grant

Agreement between the Michigan Department of Licensing and Regulatory Affairs and the County providing the funding for the surveying, monumentation and remonumentation activities to be provided under this Agreement.

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F. Peer Group. The term “Peer Group” shall mean a committee made up of Licensed Professional Surveyors whose duty is to review all data on Public Land Survey Corners and determine their correct location.

G. Surveyor. The term “Surveyor” shall mean the Monumentation Surveyor

named above (or licensed surveyor directly or indirectly employed by it).

II. SCOPE OF SERVICE. The Surveyor shall provide the County with the surveying, monumentation and remonumentation services the County requires for five (5) corners which will be identified by the County Representative. The five (5) corners will be identified from Attachment A which is attached to this Agreement. Attachment A is incorporated into this Agreement and made a part thereof. All survey, monumentation, and remonumentation work shall be performed in accordance with the requirements of State Survey and Remonumentation Act, Act 345 of Public Acts of 1990, as amended, MCL 54.261 to MCL 54.379, and the County Application. The Surveyor shall also comply with such specific procedures the County Representative and/or Peer Group may require. The Surveyor shall install the appropriate marker and cap for each corner assigned to Surveyor from Attachment A. For each of said corners Surveyor shall prepare a Land Corner Recordation Certificate (LCRC) as required by Act 74 of the Public Acts of 1970, as amended, MCL 54.201 et seq (CRA). Each LCRC shall include a geodetic coordinate value, peer group date, and County Representative’s signature and stamp. The Surveyor shall provide the Grant Administrator with one (1) copy of said Certificate by no later than the date specified in Attachment A.

III. SERVICES NOT EXCLUSIVE TO SURVEYOR. It is expressly understood and agreed by the Surveyor that the performance of the services required in Section II and Attachment A shall not be exclusive to the Surveyor. The County shall at all times be free to contract with other surveyors licensed in the State of Michigan to perform the services described in Section II and Attachment A in areas of Leelanau County not assigned to the Surveyor.

IV. COMPENSATION. The Surveyor shall be compensated for the services performed under this Agreement for five corners remonumentation/GPS in the amount of $1,400 a corner for a total of $7,000.

V. GENERAL CONDITIONS.

A. Insurance. The Surveyor at all times during the term of this Agreement

shall maintain insurance that meets the requirements of Leelanau County’s Board of Commissioners policy on “Insurance Requirements.” A copy of said Board Policy is attached to this Agreement labeled

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Attachment B. The attached Attachment B is incorporated by reference into this Agreement and is made a part thereof.

B. Safety and Permits. The Surveyor is responsible for ensuring that safetyprecautions are exercised at all times for the protection of persons andproperty. The safety provision of all applicable federal and State ofMichigan laws, rules, regulations and codes shall be observed. TheSurveyor is responsible for compliance with all Federal and State laws andmunicipal ordinances and regulations in any manner affecting the work orperformance of this Agreement and shall at all times carefully observe andcomply with all rules, ordinances, and regulations. The Surveyor shallsecure all necessary certificates and permits from municipal or otherpublic authorities as may be required in connection with the performanceof work covered by this Agreement.

C. Time, Period for Performing Work Assignments. Unless otherwiseauthorized by the County Representative, the Surveyor’s work is to becompleted, and the Land Corner Recordation Certificate(s) are to berecorded in the Register of Deeds Office with one (1) copy of saidCertificate(s), and a bill for the work given to the Grant Administrator nolater than thirty (30) days after the work assignment is issued. If theSurveyor fails to meet this deadline, payment may be withheld.

D. Monument Corrections. If it is found that a Monument has been correctlyplaced in accordance with the Peer Group’s instruction, and for somereason must be reset to make a correction, the Surveyor setting theMonument will be paid the standard fee for making the change.

E. Accounting. The Surveyor shall adhere to Generally Accepted AccountingPrinciples (GAAP) and shall maintain records which will allow, at aminimum, the comparison of actual outlays with sums billed to the County.Accounting records must be supported by source documentation,including, but not limited to payroll records.

F. Audit. The Grant Agreement’s Section 2.8, page 6, authorizes the State,upon ten (10) calendar days’ notice, to perform an audit and/or monitoringreview at the County’s locations to determine if the County is complyingwith the requirements of the Agreement. The Surveyor shall cooperatewith the County and/or State during the audit and/or monitoring review andproduce all records and documentation that verifies and complies with therequirements of this Agreement and the Grant Agreement. The Surveyorshall also provide the County with all information and/or access toinformation regarding its activities and costs charged to the County underthis Agreement as the County may require in preparing a Single Auditreport for submission to the State as required by the Grant Agreement’sSection 2.8, page 6.

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G. Maintenance of Records. The Surveyor shall retain all financial records,

supporting documents, statistical records, and all other pertinent records for a period of seven (7) years after the latter of termination, expiration, or final payment made by the Department to the County under the Grant Agreement or any extension (“Audit Period”). If an audit, litigation, or other action involving the records is initiated before the end of the Maintenance Period, Surveyor must retain the records until all issues are resolved.

H. Media Releases. News, releases (including promotional literature and

commercial advertisements) pertaining to the Grant Agreement or the Program to which it relates shall not be made without prior written County and State of Michigan approval and only in accordance with the explicit written instructions of the County and the State.

I. Disclosure of Litigation, or Other Proceeding. The Surveyor must notify

the County within seven (7) calendar days of receiving notice of any litigation, investigation, arbitration, or other proceeding (collectively “Proceeding”) involving the Surveyor that arises during the term of this Agreement, including: (a) a criminal Proceeding; (b) a parole or probation Proceeding; (c) a Proceeding under the Sarbanes – Oxley Act; (d) a civil Proceeding involving: (1) a claim that might reasonably be expected to adversely affect Surveyor’s viability or financial stability; or (2) a government or public entity’s claim or written allegation of fraud; or (e) a Proceeding involving any license that Surveyor is required to possess in order to perform under this Agreement.

J. Non-Discrimination. In accordance with the State of Michigan’s Elliott-

Larsen Civil Rights Act, 1976 PA 453, MCL 37.2101 et seq and the Persons with Disabilities Civil Rights Act, 1976 PA 220, MCL 37.1101 et seq, the Surveyor agrees that it will not discriminate against any person, employee, or applicant for employment with respect to their hire, tenure, terms, conditions, or privileges of employment, a matter directly or indirectly related to employment, because of their religion, race, color, national origin, ancestry, age, sex, height, weight, marital status or physical or mental disability that is unrelated to the individual’s ability to perform the duties of a particular job or position. Any breach of this provision may be regarded as a material breach of this Agreement.

K. Indemnification. To the extent permitted by law, the Surveyor shall, at

Surveyor’s expense, protect, defend, indemnify and hold harmless the County, the Leelanau County Grant Administrator, the State of Michigan and their elected and appointed officers, employees and agents from all claims and losses, and all related costs and expenses (including reasonable attorneys’ fees and costs of investigation, litigation, settlement, judgments, interest and penalties), occurring or resulting to any person,

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firm or corporation that may be injured or damaged by the Surveyor in the performance of this Agreement and that are attributable to the negligence or tortious acts of the Surveyor or any of its subcontractors, or by anyone else for whose act any of them may be liable.

The Surveyor’s indemnification responsibilities under this Section V, Subsection K, shall include the sum of damages, costs and expenses which are in excess of the sum paid out on behalf of or reimbursed to the County, the Leelanau County Grant Administrator, the State of Michigan, their officers, employees and agents by the insurance coverage obtained and/or maintained by the Surveyor pursuant to the requirements of this Agreement.

VI. HOURS OF WORK.The Surveyor shall have control over determining the days and hours in whichSurveyor performs work under this Agreement.

VII. SURVEYOR’S OFFICE, TOOLS AND EQUIPMENT.The Surveyor shall maintain and utilize Surveyor’s own office while performingservices required by this Agreement. However, all Peer Review Committeemeetings shall be held at the County Government Center between the hours of 8am and 5 pm on a regular business day. The Surveyor shall also at Surveyor’sown expense, supply all tools, equipment, supplies (except Standard Monumentmaterials) and vehicles Surveyor needs to perform the services required by thisAgreement. Any equipment purchased with grant funds shall be property of theCounty, for use by the surveyor and stored at the County Government Center.

VIII. LICENSING.Throughout the term of this Agreement, the Surveyor must maintain a license asa Professional Land Surveyor in the State of Michigan. If, for any reason, theSurveyor’s license is revoked, suspended, or otherwise not in effect, such shallbe deemed to be an immediate and material breach of this Agreement. ThisAgreement shall be deemed terminated on the date that the Surveyor is nolonger licensed as a surveyor in the State of Michigan.

IX. APPLICABLE LAW AND VENUE.This Agreement shall be subject to and construed according to the laws of theState of Michigan.

It is expressly understood and agreed that in the event any actions in law or in equity arise as a result of disputes related to or concerning this Agreement, such actions shall be in Michigan Courts whose jurisdiction and venue shall be established in accordance with the statutes of the State of Michigan and/or Michigan Court Rules. In the event that any action is brought under this Agreement in Federal Court, the venue for such action shall be the Federal Judicial District of Michigan, Western District, Southern Division.

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If the State of Michigan or any of its Departments or Agencies are a party to any dispute, the venue for such dispute shall be the Michigan Court of Claims in Ingham County, Michigan. The County and the Surveyor irrevocably waives any objections it may have to such jurisdiction on the grounds of lack of personal jurisdiction or on the basis of forum non conveniens or otherwise. The Surveyor must appoint agents in Michigan to receive service of process.

X. COMPLIANCE WITH THE LAW.The Surveyor shall render the services required by this Agreement in completecompliance with all applicable Federal, State and local laws, ordinances, rulesand regulations. The Surveyor shall also adhere, at its own expense, to anyrules, regulations, policies or guidelines of the Leelanau County RoadCommission when doing any work on any Leelanau County road. Failure tocomply with the provisions of this section shall be regarded as a material breachof this Agreement, and grounds for its immediate termination by the County.

XI. INDEPENDENT CONTRACTOR.It is expressly understood and agreed that the Surveyor is an independentcontractor. The Surveyor and any persons employed by the Surveyor shall in noway be deemed to be and shall not hold themselves out as employees, servants oragents of the County or the State of Michigan and shall not be entitled to any fringebenefits of the County or the State of Michigan, such as, but not limited to, healthand accident insurance, life insurance, longevity, paid sick or vacation leave. TheSurveyor shall be responsible for paying the wages of Surveyor’s personnel andfor the withholding and payment of all income and social security taxes to theproper Federal, State and local governments.

XII. ILLEGAL INFLUENCE.The Surveyor certifies, to the best of its knowledge and belief, that:

A. No federal appropriated funds have been paid nor will be paid, by or onbehalf of the Surveyor, to any person for influencing or attempting toinfluence an officer or employee of any agency, a member of Congress,an officer or employee of Congress, or an employee of a member ofCongress in connection with the awarding of any federal contract, themaking of any federal grant, the making of any federal loan, the enteringinto of any cooperative agreement, and the extension, continuation,renewal, amendment, or modification of any federal contract, grant, loanor cooperative agreement.

B. If any funds other than federal appropriated funds have been paid or willbe paid to any person for influencing or attempting to influence an officeror employee of any agency, a member of Congress, an officer oremployee of Congress, or an employee of a member of Congress inconnection with the Grant Agreement, the Surveyor shall complete and

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submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

C. The Surveyor shall require that the language of this certification beincluded in the award documents for all grants or subcontracts and that allsubrecipients shall certify and disclose accordingly. This certification is amaterial representation of fact upon which reliance was placed when thisAgreement was entered into. Submission of this certification is aprerequisite for entering into this Agreement imposed by Section 1352,Title 31, U.S. Code. Any person who fails to file the required certificationshall be subject to a civil penalty of not less than $10,000 and not morethan $100,000 for each such failure.

D. The Surveyor certifies to the best of its knowledge and belief that no Statefunds have been paid nor will be paid, by or on behalf of the Surveyor, toany person for influencing or attempting to influence an officer oremployee of any State agency, a member of the Legislature, or anemployee of a member of the Legislature in connection with the awardingof any State contract, the making of any State grant, the making of anyState loan, the entering into of any cooperative agreement, and theextension, continuation, renewal, amendment or modification of any Statecontract, grant, loan or cooperative agreement.

XIII. UNFAIR LABOR PRACTICES.Pursuant to 1980 PA 278, MCL 423.231, et seq., the State shall not award agrant or subcontract to an employer whose name appears in the register ofemployers failing to correct an unfair labor practice compiled pursuant to section2 of the Act. The Surveyor certifies by its signature to this Agreement that itsname does not appear in the register. It is expressly understood and agreed thatthe County may terminate this Agreement effective immediately if the Surveyor’sname as an employer appears in the register.

XIV. CERTIFICATION REGARDING DEBARMENT.The Surveyor certifies, by its signature to this Agreement, that neither it nor itsprincipals are presently debarred, suspended, proposed for debarment, declaredineligible, or voluntarily excluded from participation in this Agreement by anyfederal or state department or agency. If the Surveyor is unable to certify to anyportion of this statement, the Surveyor shall attach an explanation to thisAgreement.

XV. COMPLIANCE WITH GRANT AGREEMENT. It is expressly understood andagreed by the Surveyor that this Agreement is subject to the terms andconditions of the Grant Agreement. The Surveyor shall comply with all applicableterms and conditions of the Grant Agreement. The provisions of this Agreementshall take precedence over the Grant Agreement unless a conflict exists betweenthe provisions of this Agreement and the provisions of the Grant Agreement, in

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which case the provisions of the Grant Agreement shall prevail. A conflict between the Agreements, however, shall not be deemed to exist where this Agreement A) contains additional provisions not set forth in the Grant Agreement; B) restates provisions of the Grant Agreement to afford the County the same or substantially the same rights and privileges as the State; or C) requires the Surveyor to perform duties and/or services in less time than that afforded the County in the Grant Agreement. A copy of the Grant Agreement is attached to this Agreement as Attachment C and is incorporated by reference into this Agreement and made a part hereof.

XVI. CONFLICTS AND ETHICS.The Surveyor shall uphold high ethical standards and comply with the provisionsregarding conflicts and ethics set forth in Section 3.5, page 8, of the GrantAgreement.

XVII. WAIVERS.No failure or delay on the part of either the County or the Surveyor in exercisingany right, power or privilege hereunder shall operate as a waiver thereof, norshall a single or partial exercise of any other right, power or privilege precludeany other or further exercise of any other right, power or privilege. Nomodification, amendment, or waiver of any provision of this Agreement, norconsent to any departure from any provision of this Agreement by either partyhereto, shall in any event be effective unless the same is in writing and signed bythe other party, and then such waiver or consent shall be effective only in thespecific instance and for the purpose for which given.

XVIII. MODIFICATION OF AGREEMENT.Modifications, amendments or waivers of any provisions of this Agreement maybe made only by the written mutual consent of the parties hereto.

XIX. ASSIGNMENT OR SUBCONTRACTING.The Surveyor may not assign, subcontract or otherwise transfer Surveyor’sduties and/or obligations under this Agreement.

XX. PURPOSE OF ARTICLE AND SECTION TITLES.The titles of the articles and sections set forth in this Agreement are inserted forthe convenience of reference only and shall be disregarded when construing orinterpreting any of the provisions of this Agreement.

XXI. COMPLETE AGREEMENT.This Agreement and the attached Attachments A, B, and C contain all the termsand conditions agreed upon by the parties hereto, and no other agreements, oralor otherwise, regarding the subject matter of this Agreement or any part thereofshall have any validity or bind any of the parties hereto.

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XXII. AGREEMENT PERIOD AND TERMINATION.This Agreement shall commence on the 1st day of June, 2020, and unlessterminated earlier as authorized by this Agreement shall continue through the31st day December, 2020, or until all funding from the Grant Agreement isexhausted, whichever occurs first, at which time this Agreement shall terminate.The Agreement termination date of December 15, 2020, IS THE FINAL DATEFOR THE RECORDATION IN THE REGISTER OF DEEDS OFFICE OF THELAND CORNER RECORDATION CERTIFICATES (ACT 74 of 1970). The finaldate for submission of the final bill to the County is the 31st day of December,2020, TIME BEING OF THE ESSENCE.

This Agreement may be extended for additional one year periods with written agreement from both parties. If the Agreement is extended, the additional work items and cost will be identified and agreed upon in writing by the parties.

Notwithstanding any other provision in this Agreement to the contrary, this Agreement may be terminated by the County upon thirty (30) days’ written notice to the Surveyor, in the sole discretion of the County. In the event of early termination of this Agreement, the County shall reimburse the Surveyor for the services rendered by the Surveyor up to the effective date of termination as heretofore described in Section IV Compensation.

Further, the County may immediately terminate this Agreement without further liability or penalty to the County, its departments, divisions, agencies, officers, commissions, officers, agents and employees, with or without cause, upon written notice to the Contractor due to force majeure events arising out of the COVID-19 pandemic. Neither the Contractor nor the County shall be considered in breach of this Agreement to the extent that performance of their respective obligations is prevented by an event related to the COVID-19 pandemic that arises after the Effective Date.

XXIII. SURVIVING PROVISIONS.All rights, duties and responsibilities of any party that either expressly or by theirnature extend into the future, shall extend beyond and survive the termination ofthis Agreement.

XIV. SEVERABILITY OF INVALID PROVISIONS.If any part of this Agreement is declared by any Court having jurisdiction to beinvalid, unenforceable, unconstitutional, or beyond the authority of either party toenter into or carry out, such part shall be deemed deleted and shall not affect thevalidity of the remainder of this Agreement, which shall continue in full force andeffect. If the removal of such provision would result in the illegality and/orunenforceability of this Agreement, this Agreement shall terminate as of the datein which the provision was found invalid, unenforceable, unconstitutional orbeyond the authority of the parties and the Surveyor shall be reimbursed for all

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services which it has provided under this Agreement up to the date of termination.

XV. CERTIFICATION OF AUTHORITY TO SIGN AGREEMENT.The people signing this Agreement on behalf of the parties hereto certify by theirsignatures that they are duly authorized to sign this Agreement on behalf of saidparties and that this Agreement has been authorized by said parties.

THE AUTHORIZED REPRESENTATIVES OF THE PARTIES HERETO HAVEFULLY SIGNED AND ENTERED INTO THIS AGREEMENT FOR SURVEYOR SERVICES ON THE DAY AND YEAR FIRST ABOVE WRITTEN.

COUNTY OF LEELANAU

By:______________________________ ________________ William J. Bunek, Chairman Date County Board of Commissioners

By: ______________________________ _______________ Trudy Galla, Date Leelanau County Survey, Monumentation And Remonumentation Grant Administrator

SURVEYOR: GRAND TRAVERSE SURVEYING & MAPPING

By:____________________________ _______________ (Signature) Date

Name:_________________________ (Print or Type)

Title:___________________________ (Print or Type)

N:\Client\Leelanau\Agreements\Remonumentation\RFP for Surveyor Svcs & Peer Group\2020 SURVEYOR SERVICES AGREEMENT Grand Traverse Surveying 5.30.20.docx

46

ATTACHMENT A

47

ATTACHMENT B

LEELANAU COUNTY

BOARD POLICY

GENERAL SUBJECT:

Administration/General (County Administrator)

Policy No. 13

SPECIFIC SUBJECT:

Insurance Requirements Policy Adopted: 04/17/1990

Revised: 02/15/1994 Revised: 05/21/2013 Revised: 12/19/2017

APPLIES TO: All Leelanau County Employees and Elected Officials.

PURPOSE: The Leelanau County Board of Commissioners hereby establishes a

policy on insurance requirements for contractors, vendors, individuals, and/or organizations receiving monies from Leelanau County. The purpose of these requirements is to assure that the parties referenced above are accepting appropriate responsibility for insuring their own operations, and that they are not unduly exposing Leelanau County taxpayers to liability and/or loss.

The Contractor, and any and all of their subcontractors, shall not commence any work until they have met the insurance requirements outlined in this policy. All coverage shall be with insurance companies licensed and admitted to do business in the State of Michigan. All coverages shall be with insurance carriers acceptable to Leelanau County and have a minimum A.M. Best Company (www.ambest.com) Insurance Report rating of not less than A or A- (Excellent).

1. Workers’ Compensation Insurance: The Contractor shall procure and maintain

during the life of the contract, Workers’ Compensation Insurance, including Employers’ Liability Coverage, in accordance with all applicable statutes of the State of Michigan. Workers’ Compensation and Employers’ Liability Insurance are required if the party hires one or more persons or currently has employees. If a party currently does not have any employees, and is a sole proprietor, an affidavit must be filed with the County Clerk stating that the party currently has no employees and will not hire any while working for Leelanau County as a contractor or a subcontractor, etc. If a party currently does not have any employees and is incorporated (Inc.) or a limited liability corporation (LLC), they must file a Notice of Exclusion, WC-337, with the State of Michigan and then provide a copy of the State-approved document to the County Clerk.

51

http://www.ambest.com/

2. Contractor’s Tools & Equipment: The Contractor shall be responsible for

insuring all its tools, equipment and materials which it may leave at the Project’s work site. The County shall not be responsible for any loss or damage to the Contractor’s tools, equipment and materials.

3. Professional Liability (Errors and Omissions) Insurance: [For contracts for

professional services, e.g., Architect, Engineers, Doctors, Dentist, etc.] The Contractor shall possess Professional Liability Insurance (errors and omissions) with limits of not less than $1,000,000.00 per occurrence or claim. If the Professional Liability Insurance is on a claims-made basis, the Contractor shall purchase extended reporting period “tail” coverage for a minimum of three (3) years after termination of the Agreement.

4. Commercial General Liability Insurance: The Contractor shall procure and

maintain during the life of their contract, Commercial General Liability Insurance on an “Occurrence Basis” with limits of liability not less than $1,000,000.00 per occurrence and aggregate combined single limit, Personal Injury, Bodily Injury, and Property Damage. Coverage shall include the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent; (E) Deletion of all Explosion, Collapse, and Underground (XCU) Exclusions, if applicable.

5. Motor Vehicle Liability: The Contractor shall procure and maintain during the

life of their contract Motor Vehicle Liability Insurance, including Michigan No-Fault Coverage, with limits of liability not less than $1,000,000.00 per occurrence combined single limit, Bodily Injury, and Property Damage. Coverage shall include all owned vehicles, all non- owned vehicles, and all hired vehicles.

6. Deductibles: The Contractor shall be responsible for paying all deductibles in

its insurance coverages.

7. Additional Insured: Commercial General Liability and Motor Vehicle Liability Insurance, as described above, shall include an endorsement stating that the following shall be Additional Insureds: Leelanau County, all elected and appointed officials, all employees and volunteers, all boards, commissions, and/or authorities and board members, including employees and volunteers thereof. The Contractor’s insurance coverages shall be primary to the Additional Insureds and not contributing with any other insurance or similar protection available to the Additional Insureds, regardless of whether said other available coverage be primary, contributing or excess.

8. Cancellation Notice: Workers’ Compensation Insurance, Commercial General

Liability Insurance, and Motor Vehicle Liability Insurance, as described above, shall include an endorsement stating the following: “It is understood and

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agreed that Thirty (30) days Advance Written Notice of Cancellation, Non-Renewal, Reduction, and/or Material Change shall be sent to the office of the Leelanau County Administrator.

9. Owners’ and Contractors’ Protective Liability: [For Contracts for Construction

or Large Repair or Maintenance Projects such as road work, sewer work or building projects] The Contractor shall procure and maintain during the life of the contract, a separate Owners’ and Contractors’ Protective Liability Policy with limits of liability not less than $1,000,000.00 per occurrence and aggregate combined single limit, Personal Injury, Bodily Injury, and Property Damage. Leelanau County shall be “Named Insured” on said coverage. Thirty (30) day Notice of Cancellation shall apply to this policy.

10. Proof of Insurance Coverage: The Contractor shall provide Leelanau County at

the time that the contracts are returned by him/her for execution, A “Certificate of Liability Insurance,” on Accord Form #25, with the necessary coverages included, as listed below:

a. Certificate of Insurance for Workers’ Compensation Insurance; b. Certificate of Insurance for Commercial General Liability Insurance; c. Certificate of Insurance for Vehicle Liability Insurance; d. Certificate of Insurance for Professional Liability Insurance on Projects

where such insurance is required. e. Original Policy, or original Binder pending issuance of policy, for

Owners’ & Contractors’ Protective Liability Insurance, where such insurance is required.

f. If so requested, Certified Copies of all policies mentioned above will be furnished.

11. If any of the above coverages expire during the term of the contract, the

Contractor shall deliver renewal certificates and/or policies to the Leelanau County Administrator at least ten (10) days prior to the expiration date.

Failure to comply with these insurance requirements could result in the termination of a contract or delay in receipt of funds. Questions regarding the scope of applicability of this policy may be directed to the Leelanau County Administrator.

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Bid


VENDOR: _____________________________


Department:

Contact Person: ____________________________

Telephone No.: ____________________________



Submittal Dates

Executive Board: ____________________

Regular Session: ____________________





_______________________

Save/Print RESET

Planning/Comm. Dev.


231-256-9812

■ 06/09/2020

■ 06/16/2020

Select One

$ 1,800.00 $ 1,800.00


Attached is one of the three (3) Monumentation / Remonumentation Peer Group Agreementsfor surveyors for the Remonumentation Program. This agreement is the same as the onedrafted by Corporate Counsel in 2019 - with updates to the Scope of Services to permitelectronic meetings, compensation, and the dates throughout the document. There is $1,800in the grant budgeted for the Peer Group and the total for all three (3) Agreements is $1,800.

Agreements are with:O'Non Land Surveying - $600Holmberg Land Survey - $600Grand Traverse Surveying - $600

NOTE - Only one Agreement was provided for brevity. All Agreements are on file with thePlanning Director and can be shared, upon request.

Motion to approve the Monumentation / Remonumentation Peer GroupAgreements with O'Non Land Surveying, Holmberg Land Survey, and GrandTraverse Surveying, with costs to come from the Remonumentation Program.

06/02/2020 54


Department:

Contact Person:____________________________

Telephone No.: ____________________________


Bid

Other: ____________________________

VENDOR: _____________________________

Address: _____________________________

Phone:_______________________________





Submittal Dates

Executive Board: ____________________

Regular Session: ____________________



_______________________________________________________________________





231-256-9812

■06/09/2020

■06/16/2020

Select One

$ 5,355.00 $ 5,355.00


Attached is the Peer Group Agreement with Leelanau Land Surveying. Leelanau LandSurveying (Vickie Brown) serves as the County Representative for the LeelanauCounty Remonumentation Program. This agreement is the same as the one drafted byCorporate Counsel in 2019 - with updates to the Scope of Services to permit electronicmeetings, compensation, and the dates throughout the document.

There is $5,355 in the grant budgeted for the work of the County Representative andthe total for this Agreement is $5,355.

Motion to approve the Monumentation / Remonumentation Peer Group Agreementwith Leelanau Land Surveying, with costs to come from the RemonumentationProgram.

06/02/2020 55

MONUMENTATION/REMONUMENTATION PEER GROUP MEMBER AGREEMENT

THIS AGREEMENT, made and entered into this _____ day of __________,

2020, by and between the LEELANAU COUNTY BOARD OF COMMISSIONERS (hereinafter referred to as “Board”), acting on behalf of the COUNTY OF LEELANAU, a municipal corporation and political subdivision of the State of Michigan (hereinafter referred to as the “County”) and LEELANAU LAND SURVEYING (hereinafter referred to as the “Contractor” whose business address is PO Box 701, Leland, MI 49654.

W I T N E S S E T H:

WHEREAS, The County has entered into a Grant Agreement with the Michigan Department of Licensing and Regulatory Affairs for the conduction of surveying, monumentation and remonumentation of public land survey corners and property controlling corners in Leelanau County during the 2020 calendar year and shall enter into such Grant Agreement for each calendar year covered by this Agreement (hereinafter referred to as the “Grant Agreement”); and WHEREAS, Vickie Brown, doing business as Leelanau Land Surveying serves as the County Representative for the County’s Surveying, Monumentation and Remonumentation Project (hereinafter referred to as the “County Representative”); and WHEREAS, the County Planning/Community Development Director, Trudy Galla, serves as the Grant Administrator for the administration work required under the Grant Agreement with the Michigan Department of Licensing and Regulatory Affairs; and WHEREAS, the County has entered into contracts with land surveyors licensed under Article 20 of the State of Michigan’s Occupational Code, Act 299 of Public Acts of 1980, being Sections 339.2001 to 339.2014 of the Michigan Compiled Laws (hereinafter referred to as “Surveyors”) to perform the surveying, monumentation and remonumentation work required by the Grant Agreement; and WHEREAS, the Leelanau County Monumentation and Remonumentation Plan for the implementation of Act 345 of the Public Acts of 1990, being Sections 54.261 to 54.279 of the Michigan Compiled Laws requires that surveying, monumentation and remonumentation work performed by the Surveyors be reviewed and approved by a Peer Group made up of surveyors licensed by the State of Michigan that are appointed by the County Representative and serve at will; and WHEREAS, the Contractor, a licensed surveyor, who is not associated with other members of the Peer Group, has agreed to serve as the County Representative and as a member the County’s Surveying, Monumentation and Remonumentation Peer Group (hereinafter referred to as the “Peer Group”) subject to the terms and conditions of this Agreement.

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NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter contained, IT IS HEREBY AGREED as follows:

I. SCOPE OF SERVICES. The Contractor shall attend and participate in meetings of the Peer Group for presentation, location and ratification of corners and surveying, monumentation and remonumentation work performed by the Surveyors and such other services for the County’s Surveying, Monumentation and Remonumentation Project as directed by the County Representative. The dates and times of the Peer Review Committee meetings shall be set by the County Representative. The meetings shall be held at the County Government Center between the hours of 8 am and 5 pm on regular business days, and meetings shall start no later than 4 pm. In the event that the County Government Center is closed or has access restricted as a result of the COVID-19 pandemic, the meetings will be conducted electronically. The County Representative remains responsible for scheduling electronic meetings. It is expressly understood and agreed that a member of the Peer Group shall abstain from voting on the verification of any corner on which he/she or a surveyor with which he/she is associated performed the survey work.

II. SERVICES NOT EXCLUSIVE TO CONTRACTOR. It is expressly understood and agreed by the Contractor that the performance of the services required in Section I are not exclusive to the Contractor. The Board shall at all times be free to contract on behalf of the County with other surveyors licensed in the State of Michigan to perform the services described in Section I.

III. COMPENSATION. The Contractor agrees act as the County Representative in the Peer Group, including participating in Peer Group meetings and shall be compensated for services performed under this Agreement at the amount of FIVE THOUSAND THREE HUNDRED FIFTY-FIVE DOLLARS AND NO/100 DOLLARS ($5,355.00). Invoices shall contain such information as the County or the County Grant Administrator may require.

IV. LICENSING. Throughout the term of this Agreement, the Contractor must maintain a license as a Professional Land Surveyor in the State of Michigan and not be associated with other members of the Peer Group. For the purposes of this Agreement, the term “associated with” shall mean a person who is any of the following: (a) the employer of the Contractor; (b) employee of the Contractor; (c) co-worker of the Contractor; or (d) a relative by blood or marriage of the Contractor. If, for any reason, the Contractor’s license is revoked, suspended, or otherwise not in effect, and/or the Contractor becomes associated with another member of the Peer Group, such shall be deemed to be an immediate and material breach of this Agreement. This Agreement shall be deemed terminated on the date that the Contractor is no longer licensed as a surveyor in the State of Michigan or when the Contractor becomes associated with another member of the Peer Group.

V. APPLICABLE LAW AND VENUE. This Agreement shall be subject to and construed according to the laws of the State of Michigan.

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It is expressly understood and agreed that in the event any actions in law or in

equity arising under this Agreement are brought by either party against the other party, the venue for such actions shall be established in accordance with the statutes of the State of Michigan and/or Michigan Court Rules.

In the event that any action is brought under this Agreement in Federal Court or is moved to a Federal Court, the venue for such action shall be the Federal Judicial District of Michigan, Western District, Southern Division.

VI. COMPLIANCE WITH THE LAW. The Contractor shall render the

services required by this Agreement in complete compliance with all applicable Federal, State and local laws, ordinances, rules and regulations. The Contractor shall also adhere, at his/her own expense, to any rules, regulations, policies or guidelines of the Leelanau County Road Commission when doing any work on an Leelanau County road. Failure to comply with the provisions of this section shall be regarded as a material breach of this Agreement, and grounds for its immediate termination by the County. VII. COMPLIANCE WITH GRANT AGREEMENT. It is expressly understood and agreed by the Contractor that this Agreement is subject to the terms and conditions of the Grant Agreement. The Contractor shall comply with all applicable terms and conditions of the Grant Agreement. The provisions of this Agreement shall take precedence over the Grant Agreement unless a conflict exists between the provisions of this Agreement and the provisions of the Grant Agreement, in which case the provisions of the Grant Agreement shall prevail. A conflict between the Agreements, however, shall not be deemed to exist where this Agreement:

A) Contains additional provisions not set forth in the Grant Agreement; B) Restates provisions of the Grant Agreement to afford the County the same

or substantially the same rights and privileges as the State; or C) Requires the Contractor to perform duties and/or services in less time than

that afforded the County in the Grant Agreement.

A copy of the Grant Agreement is attached to the Surveyor Services Agreement and may also be obtained from the County Representative and/or the County Grant Administrator.

VIII. NONDISCRIMINATION. The Contractor, as required by law, shall not discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions or privileges of employment, or a matter directly or indirectly related to employment because of race, color, religion, national origin, age, sex, height, weight, disability which is unrelated to the individual’s ability to perform the duties of a particular job or position, marital status or political affiliation.

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The Contractor shall adhere to all applicable Federal, State and local laws, ordinances, rules, regulations and policies prohibiting discrimination, including, but not limited to the following:

A. The Elliott-Larsen Civil Rights Act, 1976 PA 453, as amended.

B. The Persons With Disabilities Civil Rights Act, 1976 PA 220, as amended.

Breach of this section shall be regarded as a material breach of this Agreement. In the event the Contractor is found not to be in compliance with this section, the County may terminate this Agreement effective as of the date of delivery of written notification to the Contractor.

IX. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that the Contractor is an independent contractor. The Contractor shall in no way be deemed to be and shall not hold himself/herself out as an employee, servant or agent of the County or the State of Michigan and shall not be entitled to any fringe benefits of the County or the State of Michigan, such as, but not limited to, health and accident insurance, life insurance, longevity, paid sick or vacation leave. The Contractor shall be responsible for payment of all income and social security taxes to the proper Federal, State and local governments.

X. INDEMNIFICATION AND HOLD HARMLESS. The Contractor shall, at

his/her own expense, protect, defend, indemnify and hold harmless the County, the County Grant Administrator, the County Representative, the State of Michigan, and the County’s and State of Michigan’s elected and appointed officers, employees and agents from all claims, damages, costs, lawsuits and expenses, including, but not limited to all costs from administrative proceedings, court costs and attorney fees that they may incur as a result of Contractor’s breach of any of the terms of this Agreement, violation of any federal or State of Michigan laws or regulations, intentional torts, or negligent acts or omissions.

XI. CERTIFICATION REGARDING ILLEGAL ACTIVITIES. The Contractor

certifies, to the best of his/her knowledge and belief, that:

A. No federal appropriated funds have been paid nor will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement.

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B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this grant, the Contractor shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.

C. The Contractor shall require that the language of this certification be

included in the award documents for all grants or subcontracts and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Agreement was entered into. Submission of this certification is a prerequisite for entering into this Agreement imposed by 31 USC § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

D. The Contractor certifies to the best of his/her knowledge and belief

that no State funds have been paid nor will be paid, by or on behalf of the Contractor, to any person for influencing or attempting to influence an officer or employee of any State agency, a member of the Legislature, or an employee of a member of the Legislature in connection with the awarding of any State contract, the making of any State grant, the making of any State loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any State contract, grant, loan or cooperative agreement.

XII. UNFAIR LABOR PRACTICES. Pursuant to section 4 of 1980 PA 278,

MCL 423.324, the State shall not award a grant or subcontract to an employer whose name appears in the register of employees failing to correct an unfair labor practice compiled pursuant to section 2 of the Act, MCL 423.322. This information is compiled by the United States National Labor Relations Board. The County, as the Grantee in the Grant Agreement, may not enter into a contract with a subcontractor, manufacturer, or supplier whose name appears in this register. The Contractor certifies by his/her signature to this Agreement that his/her name does not appear in the register. It is expressly understood and agreed that the County may terminate this Agreement effective immediately if the Contractor’s name as an employer appears in the register.

XIII. CERTIFICATION REGARDING DEBARMENT. The Contractor certifies, by his/her signature to this Agreement, that he/she has not been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Agreement by any federal or state department or agency. If the Contractor is unable to certify to any portion of this statement, the Contractor shall attach an explanation to this Agreement.

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XIV. CONFLICTS AND ETHICS. The Contractor shall uphold high ethical

standards and comply with the provisions regarding conflicts and ethics set forth in Section 3.6, page 8, of the Grant Agreement.

XV. MEDIA RELEASES. News, releases (including promotional

literature and commercial advertisements) pertaining to the Grant Agreement or the Program to which it relates shall not be made without prior written County and State of Michigan approval and only in accordance with the explicit written instructions of the County and the State.

XVI. DISCLOSURE OF LITIGATION, OR OTHER PROCEEDING.

Contractor must notify the County within seven (7) calendar days of receiving notice of any litigation, investigation, arbitration, or other proceeding (collectively “Proceeding”) involving the Contractor that arises during the term of this Agreement, including: (a) a criminal Proceeding; (b) a parole or probation Proceeding; (c) a Proceeding under the Sarbanes – Oxley Act; (d) a civil Proceeding involving: (1) a claim that might reasonably be expected to adversely affect Contractor’s viability or financial stability; or (2) a government or public entity’s claim or written allegation of fraud; or (e) a Proceeding involving any license that Contractor is required to possess in order to perform under this Agreement.

XVII. WAIVERS. No failure or delay on the part of either the County or the

Contractor in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power or privilege.

No waiver of any provision of this Agreement by either party hereto, shall in any event be effective unless the same is in writing and signed by the other party, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.

XVIII. MODIFICATION OF AGREEMENT. Modifications, amendments or waivers of any provisions of this Agreement may be made only by the written mutual consent of the parties hereto.

XIX. ASSIGNMENT OR SUBCONTRACTING. The Contractor may not assign, subcontract or otherwise transfer his/her duties and/or obligations under this Agreement without the prior written consent of the County Representative.

XX. SECTION TITLES. The titles of the sections set forth in this Agreement are inserted for the convenience of reference only and shall be disregarded when construing or interpreting any of the provisions of this Agreement.

XXI. COMPLETE AGREEMENT. This Agreement and the Grant Agreement contains all the terms and conditions agreed upon by the parties hereto, and no other

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agreements, oral or otherwise, regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the parties hereto.

XXII. CONSTRUCTION. When not inconsistent with the context, words used in the singular include plural and words in plural include the singular. Masculine shall include feminine and neuter.

XXIII. AGREEMENT PERIOD AND TERMINATION. The term of this Agreement shall be for one year and shall commence on the 1st day of June, 2020, and, unless terminated as authorized in this Agreement, shall continue through the 31st day of December, 2020.

This Agreement may be extended for additional one year periods with written

agreement from both parties. If the Agreement is extended, the additional work items will be identified and agreed upon in writing by the parties.

Notwithstanding any other provision in this Agreement to the contrary, this

Agreement may be terminated by either party upon thirty (30) days’ written notice. In the event of early termination of this Agreement, the County shall reimburse the Contractor for the services rendered by the Contractor up to the effective date of termination.

Further, the County may immediately terminate this Agreement without further

liability or penalty to the County, its departments, divisions, agencies, officers, commissions, officers, agents and employees, with or without cause, upon written notice to the Contractor due to force majeure events arising out of the COVID-19 pandemic. Neither the Contractor nor the County shall be considered in breach of this Agreement to the extent that performance of their respective obligations is prevented by an event related to the COVID-19 pandemic that arises after the Effective Date.”

XXIV. SEVERABILITY OF INVALID PROVISIONS. If any part of this Agreement is declared by any Court having jurisdiction to be invalid, unconstitutional, or beyond the authority of either party to enter into or carry out, such part shall be deemed deleted and shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect. If the removal of such provision would result in the illegality and/or unenforceability of this Agreement, this Agreement shall terminate as of the date in which the provision was found invalid, unconstitutional or beyond the authority of the parties and the Contractor shall be reimbursed for all services which he/she has provided under this Agreement up to the date of termination.

XXV. CERTIFICATION OF AUTHORITY TO SIGN AGREEMENT. The people signing this Agreement on behalf of the parties hereto certify by their signatures that they are duly authorized to sign this Agreement on behalf of said parties and that this Agreement has been authorized by said parties.

[Signatures on Next Page]

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THE AUTHORIZED REPRESENTATIVES OF THE PARTIES HERETO ON THE DAY AND YEAR FIRST ABOVE WRITTEN HAVE FULLY EXECUTED THIS AGREEMENT FOR SERVING ON THE LEELANAU COUNTY PEER GROUP.

LEELANAU COUNTY BOARD OF COMMISSIONERS FOR: COUNTY OF LEELANAU

By: ___________________________ ___________________ William J. Bunek, Chairman Date

County Board of Commissioners

CONTRACTOR: LEELANAU LAND SURVEYING By: ____________________________ ____________________ (Signature) Date Name: ____________________________ (Print or Type)

Title: _____________________________ (Print or Type)

N:\Client\Leelanau\Agreements\Remonumentation\RFP for Surveyor Svcs & Peer Group\2020 Peer Group Agreement with Leelanau Land Surveying - 5.30.20.docx

63


Department:

Contact Person:____________________________

Telephone No.: ____________________________


Bid

Other: ____________________________

VENDOR: _____________________________

Address: _____________________________

Phone:_______________________________





Submittal Dates

Executive Board: ____________________

Regular Session: ____________________



_______________________ ________ _______________ __________ ____________





231-256-9812

■06/09/2020

■06/16/2020

Select One

$ 0.00 $ 0.00

■ Grant

This request is to ask for tentative approval from the County Board to prepare an EPAgrant application for brownfield assistance, which would be brought back to the Boardat a future date for approval to submit.

At their May meeting, the Brownfield Redevelopment Authority (LCBRA) discussedsubmitting an EPA grant application in the next round. The county has been quitesuccessful with these grants - obtaining two (2) Assessments grants for $200,000 each,a Revolving Loan Fund (RLF) grant for $1 million dollars, and an Assessment grant for$400,000. All of the assessment grant dollars were used on properties in the countyand a portion of the RLF was used on a redevelopment site. The LCBRA has beenapproached by other property owners seeking help in identifying any contaminants theymay have on their property. Assessment grants can be used for this purpose. One ofthe potential angles we would like to pursue is assessment of ag properties which maybe impacted from storage or use of chemicals from farming operations.

The LCBRA has requested the Director seek tentative approval from the County Boardon this application process, before expending time to complete the grant application.These grants are very competitive and the application process takes time. The grantneeds to be submitted by the County Board. If awarded a grant, the LCBRA would liketo be the body to administer the grant on behalf of the county.

Motion to permit the LCBRA to prepare an EPA grant application for brownfieldassistance, with the LCBRA presenting the application to the County Board at afuture date for approval to submit.

06/02/2020 64


Department:

Contact Person:____________________________

Telephone No.: ____________________________


Bid

Other: ____________________________

VENDOR: _____________________________

Address: _____________________________

Phone:_______________________________





Submittal Dates

Executive Board: ____________________

Regular Session: ____________________


Request to Waive Board Policy on Bid RequirementsRequest to Waive Board Policy on Bid Requirements

Emergency Management

Matt Ansorge

(231) 256-8775

■06/09/2020

■06/16/2020

Select One

■ Tower Lease Agreement

Aspen Wireless

1920 Burnley Lane Maple City, MI 49664

(970) 948-9998

$ 0.00 $ 5,796.00

Select One ■ Tower Lease Agreement

Leelanau County Office of Emergency Management is asking for consideration by theBoard to allow Aspen Wireless to place communication equipment on all five (5)County-owned towers. Aspen Wireless has been part of the group of ISPs (InternetService Providers) that expressed interest in obtaining tower space to broaden itsInternet capabilities to more citizens in Leelanau County.

Negotiations on the Tower Agreement language are completed. Aspen Wireless hasagreed to the Tower Agreement as presented and is motivated to get equipment on thetowers as soon as possible. No additional structural analyses on the towers arenecessary since their equipment was included in the initial study performed for the ISPgroup.

I recommend to the Leelanau County Board of Commissioners to approve andauthorize the County Board Chairman to sign the Tower Lease Agreement betweenLeelanau County and Aspen Wireless.

Digitally signed by Matt Ansorge Date: 2020.06.01 14:28:16 -04'00' 06/01/2020 65

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TOWER SPACE LEASE AGREEMENT (Leland 800 MHz Tower)

THIS TOWER SPACE LEASE AGREEMENT ("Lease") is executed this ______

day of ________, 2016, by and between, COUNTY OF LEELANAU, a Municipal Corporation and political subdivision of the State of Michigan (Lessor, hereinafter referred to as the "County") within the State of Michigan, whose mailing address is 8527 E. Government Center Dr., Suite 101, Suttons Bay, Ml 49682 and ASPEN WIRELESS, a Michigan corporation, 1920 Burnley Lane, Maple City, Michigan 49664 (hereinafter referred to as "Lessee").

RECITALS:

WHEREAS, the County owns a tower, capable of supporting antenna(s) and

transmission line(s) ("the Tower") and property for installation and maintenance of equipment shelters located at 1095 South Pit Road, Leland, Michigan 49654, and 8525 East Government Center Drive, Suttons Bay, Michigan 49682, and 11750 East Davis Road, Northport, Michigan 49670, and 100 West Eighth Street, Northport, Michigan 49670, and 9237 South Tower Road, Maple City, Michigan 49664; and

WHEREAS, Lessee desires to lease space on the Tower and property described

above for the installation and operation of equipment to receive and transmit signals; and

WHEREAS, Lessee represents that it shall, prior to installation of its equipment, obtain in effect all necessary licenses to receive and transmit signals from this location; and shall make such licenses available for review by the County upon request; and

WHEREAS, the County agrees to lease space on the Tower for antenna(s) and

transmission lines(s) and on the ground for an equipment shelter that is requested by the Lessee pursuant to the terms and conditions of this Lease.

NOW THEREFORE, for and in consideration of the terms and mutual promises

herein contained and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, THE COUNTY AND LESSEE AGREE AS FOLLOWS:

1. Property: The County hereby grants Lessee the right to install, maintain,

operate and remove Lessee's communications equipment and appurtenances on the County's Tower and real property owned by the County at the Pit Road (Central) T ower site, located at 1095 South Pit Road, Leland, Michigan 49654, and the Law Enforcement Center (LEC) Tower site, located at 8525 East Government Center Drive, Suttons Bay, Michigan 49682, and the Omena Tower site, located at 11750 East Davis Road, Northport, Michigan 49670, and the Northport Tower site, located at 100 West Eighth Street, Northport, Michigan 49670, and the Maple City Tower site, located at 9237 South Tower Road, Maple City, Michigan 49664, situated in the State of Michigan and County of Leelanau and on the Properties which are more particularly described in Exhibit 1 attached hereto ("Property" or

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"Properties") together with non-exclusive easements for ingress, egress and utilities to the Tower during the Initial Term and any Renewal Terms.

2. Premises: The County agrees to provide space inside a County-owned

equipment shelter for Lessee to locate equipment to be operated by Lessee, and the County agrees to provide space on the Cent ra l Tower at the 330' level, the LEC Tower at the 148’ level, the Maple City Tower at the 140’ level, the Omena Tower at the 160’ level, and the Northport Tower at the 130’ level, as long as a structural analysis at each tower site deems the site capable of housing Lessee’s equipment, for Lessee to mount its antennas and transmission lines for Lessee's wireless transmitting purposes. It is agreed that Lessee or a contractor, retained by Lessee, in a position and manner mutually agreeable to the County and Lessee, will mount the antennas and transmission lines on the Tower and install an equipment shelter on the ground. See Exhibit 2 for a description of Lessee's radio equipment and equipment shelter. The Lessee shall be responsible for maintaining its equipment in good operating condition. The County shall be responsible for maintaining the Tower and associated property controlled by the County.

The County hereby grants Lessee access to the Property for the purpose of installing the antenna, transmission lines and other equipment on the Tower and ground shelter. Thereafter, Lessee shall be provided access for maintenance and repair of Lessee's antennas, transmission lines, equipment, and equipment shelter. Lessee shall fully comply with all County policies and procedures pertaining to security requirements covering the County's tower sites. The County hereby grants permission to Lessee to install, maintain and operate the communications equipment, antennas and appurtenances described in Exhibit 2 attached hereto. Lessee reserves the right to replace the aforementioned equipment with similar and comparable equipment provided said replacement does not increase the weight load on the Tower. Installing signs or advertising by Lessee on the Tower or Property is absolutely prohibited, provided, however that Lessee is allowed to install any signage mandated by the FCC or any other government agency. It is understood and agreed that there is no guarantee or warranty whatsoever by the County concerning the performance or coverage resulting from Lessee use of the Tower and associated facilities. Upon ninety (90) days written notice to Lessee, the County reserves the right to require Lessee's to relocate one or more of its antennas, and Lessee agrees to relocate said antenna(s) at Lessee's expense to a mutually agreed new tower location, provided that said relocation does not substantially change or interfere with the operation of the communications equipment associated with the relocated antenna(s) or otherwise result in interference with Lessee business operations, and provided further that the County's purpose in requesting Lessee to move its antennas directly relates to a bona fide public safety purpose.

3. Initial Term: The Initial Term of this Lease shall be for a period of five (5)

years commencing on and expiring five (5) years after the Commencement Date unless terminated earlier as provided in Section 9.

4. Extended Terms: Lessee shall have the option to extend the Initial Term

on substantially the same terms as contained herein for two (2) additional periods of five (5) years ("Renewal Term") each with the Initial Term and both Extended Terms combined consisting of a term not to exceed a total of fifteen (15) years. This Lease shall

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automatically continue at the end of the Initial Term or the first subsequent Extended Term unless either party provides the other written notice of its intent to terminate the Agreement at least thirty (30) days in advance of the expiration of the Initial Term or the first Extended Term of this Lease.

5. Rent: At the time of this Lease Agreement, Lessee has immediately identified

equipment for one (1) of the five (5) tower sites. As equipment is added to additional tower sites, rent shall increase in accordance with the Leelanau County Tower Fee Schedule (Exhibit 4). Lessee shall pay to the County a total annual rent of FIVE THOUSAND SEVEN HUNDRED NINETY-SIX AND NO/100 DOLLARS ($5,796.00) to be paid in equal monthly installments of $483.00 (“Rent”) on the first day of the month, in advance, to the County or such other person, firm or place as County may, from time to time, designate in writing at least thirty (30) days in advance of any Rent payment date by notice given in Section 15 below. County and Lessee acknowledge and agree that initial Rent payment(s) shall not actually be sent by Lessee until thirty (30) days after the Commencement Date. By way of illustration of the preceding sentence, if the Commencement Date is January 1, Lessee shall send to the County the Rent payments for January by February 1. The annual rate shall increase at a rate of five percent (5%) per term over the Rent paid during the prior year, upon the anniversary of the Commencement Date. Upon agreement of the parties, Lessee may pay Rent by electronic funds transfer and in such event, County agrees to provide to Lessee bank routing information for such purposes upon request of Lessee. In addition to the Rent required in Section 5, the Lessee shall also reimburse the County the total actual cost(s) the County incurs for Tower Assessments conducted pursuant to “conditions precedent (e)” set forth in Section 8 of this Lease.

6. Use of County Shelter and Utilities: Lessee may have equipment placed in the County shelter building(s). Utility consumption will be included as part of the Rent paid to the County by Lessee, otherwise Lessee will be responsible for having a separate electrical meter installed to service their equipment and Lessee will be responsible for any costs associated.

7. Taxes: Lessee shall pay any taxes levied on Lessee's personal property

located or installed on the Tower and Property. Lessee's equipment shall remain Lessee's personal property even though it may be attached or affixed to the Tower or Property. County and Lessee agree that personal property of the Lessee shall not be considered fixtures. Lessee shall have the right, at its sole option and at its sole cost and expense, to appeal, challenge, or seek modification of any tax assessment or billing for which Lessee is wholly or partly responsible for payment.

8. Conditions Precedent: The following are conditions precedent to the

commencement and/or the continuation of this Lease:

(a) Lessee, at its own expense, shall secure appropriate licenses and approvals required for its intended use of the Tower and Property from the Federal

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Communications Commission, the Federal Aviation Administration and any other federal, state or local regulatory authority having jurisdiction over Lessee's proposed use of the Tower and Property. In the event that any of such applications for such approvals should be rejected or any approval issued to Lessee is cancelled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority, then either the County or Lessee may terminate this Lease as provided in Section 9;

(b) Lessee may, at its own expense, obtain a title report or commitment for a

title policy from a title insurance company of its choice. If, in the opinion of Lessee such title report shows any defects of title or liens or encumbrances which adversely affect Lessee's use of the Tower and/or Property or its ability to obtain financing, Lessee shall have the right to terminate this Lease as provided in Section 9;

(c) Lessee may, at its own expense, have the Property surveyed and to have

structural tower studies, radio frequency engineering and other engineering analyses performed. In the event that any defects are shown by the survey or the engineering analyses, which in the opinion of Lessee may adversely affect Lessee's use of the Tower and Property, Lessee shall have the right to terminate this Lease upon written notice to the County as provided in Section 9;

(d) Lessee may, at its own expense, have an environmental assessment of the Property performed by an environmental consulting firm of their choice. If the environmental assessment reveals that the Property is contaminated with Hazardous Materials, as that term is hereinafter defined, and Lessee, its employees, agents, or contractors did not cause such contamination, Lessee may terminate this Lease as authorized in Section 9; and

(e) County, at Lessee’s expense, has conducted a Tower Assessment to determine if the Tower’s structure can safely bear the weight of the equipment and material Lessee intends to place on the Tower and has determined from the assessment’s findings that the Tower can safely bear the additional weight. A Tower Assessment shall also be required before the Lessee places new or additional equipment and materials on the Tower. Placement of any equipment and materials on the Tower without a prior Tower Assessment and/or approval by the County shall be a material breach of this Lease.

9. Termination: Upon any failure of Lessee to perform any obligation required

hereunder, and failure to cure such obligation within thirty (30) days of receipt of written notice by County or if Lessee does not have or for any reason ceases to have, in effect any license required for the operation of the equipment on the Tower, or if Lessee becomes adjudicated as bankrupt or if bankruptcy proceedings are initiated by Lessee or its creditors without a subsequent dismissal thereof within one hundred twenty (120) days, or if there is nonuse or vacation of the space covered by this Lease by Lessee for a period of sixty (60) days, the County may terminate Lessee's rights under this Lease by giving not less than thirty (30) days prior written notification by certified U.S. mail, return receipt

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requested, to Lessee at the address set forth in Section 15.

Lessee may terminate this Lease upon the occurrence of any of the events set forth in Section 8, or if the site becomes undesirable due to irresolvable signal interference. To exercise its rights to terminate this Lease the Lessee must provide the County with not less than thirty (30) days prior written notice, sent to the County by certified U.S. Mail, return receipt requested, to the County's address set forth in Section 15. Such notice shall specify the reason for the termination.

Upon termination of this Lease by the County or Lessee under this section Lessee

shall pay the County all sums due as of the effective date of termination and the County shall refund to the Lessee, pro-rata, any unearned rent paid in advance. The Lessee shall fully remove its equipment and property from the Tower and Property within forty-five (45) days after the effective date of termination, or within such longer period of time as may be mutually agreed upon in writing by the County and Lessee. If Lessee fails to remove its equipment and property within the required time period, the County may do so and bill the cost of its removal and storage to the Lessee, which bill shall be paid by Lessee within thirty (30) days of Lessee's receipt of the bill. The County shall not be responsible for any loss or damage to Lessee's equipment and property resulting from its removal from the County's Tower and Property or during storage. If Lessee fails to recover its equipment and property within thirty (30) days after it was placed in storage the County may sell or otherwise dispose of the same.

10. Insurance Requirements: The Lessee at all times during the term of this

Lease, including the initial term and any extended term and any hold over period, in which the Lessee continues to occupy the Tower(s) and Property(ies) covered by the Lease, that at a minimum meet the requirements of the Leelanau County Board of Commissioners' Policy on "Insurance Requirements", and any amendments made thereto over this Lease's term. A copy of said Board of Commissioners' Policy is attached to this Lease labeled Exhibit 3. The attached Exhibit 3 is incorporated by reference into this Lease and made a part thereof.

11. Environmental Compliance: The County represents and warrants to the best

of its knowledge that (i) the Property, as of the date of this Lease, is free of Hazardous Materials, including asbestos-containing materials and lead paint, and (ii) the Property has never been subject to any contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation. Lessee agrees that it will not use, generate, store or dispose of any Hazardous Material on, under, about or within the Property in violation of any law or regulation. The County acknowledges that Lessee may use a permanent emergency back-up generator at this location, lead-acid batteries and may also use a fire suppression system within Lessee’s shelter. The use of these systems will not constitute a violation of this Section. The County and Lessee agree that each will be responsible for compliance with any and all applicable government laws, rules, statutes, regulations, codes, ordinances, or principles of common law regulating or imposing standards of liability or standards of conduct with regard to protection of the environment to worker health and safety, as may now or at any time hereafter be in effect, to the extent such apply to that party’s activity conducted in or on the Property.

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Subject to the warranty provision in this Section, and to the extent permitted by applicable law, Lessee shall be solely liable and agrees to indemnify and hold the County harmless for any act of negligence or intentional contamination, spill, accidental discharge, or nuisance to the leased premises caused by Lessee, or its agents, as a result of the placement, storage or disposal of any dangerous, toxic or hazardous substances on the Premises. Lessee’s responsibility for the same shall extend beyond the Term(s) of this Lease provided the contamination, spill, accidental discharge, or nuisance was caused by Lessee.

"Hazardous Material" means any material or substance that is or has the

characteristic of being hazardous, toxic, ignitable, reactive or corrosive, as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq.; all corresponding and related State of Michigan and local statutes, ordinances and regulations; and in any other applicable environmental law, regulation or ordinance now existing or hereinafter enacted.

The indemnification responsibilities set forth in this Section 11 specifically include, but

are not limited to, reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean-up, remediation, removal or restoration work required by any governmental authority. The provisions of this Section 11 will survive the expiration or termination of this Lease.

In the event Lessee becomes aware of any hazardous materials on the Property, or

any environmental, health or safety condition or matter relating to the Property that was not brought onto the Property or caused by Lessee, that, in Lessee’s sole determination, renders the condition of the Premises or Property unsuitable for Lessee’s use, or if Lessee believes that the leasing or continued leasing of the Premises would expose Lessee to undue risks of liability to a government agency or third party, Lessee will have the right, in addition to any other rights it may have in law or in equity, to terminate this Lease upon written notice to the County.

12. Radio Frequency Exposure Safety:

(a) Lessee, represents and warrants and shall cause its employees and tower

contractors to represent and warrant, that it and they are fully aware of and knowledgeable about the inherent dangers of working on or near towers, rooftops, or other wireless communication sites that are "live", i.e., that are actively receiving and/or transmitting radio signals that may create radio frequency radiation ("RFR") hereinafter "Live Sites".

(b) Lessee shall ensure that only those Lessee employees or agents or its

contractor's employees or agents who make the representation set forth in subsection (a), and who have satisfactorily completed RFR safety training In accordance with FCC OET 65, the most current applicable updates in OSHA regulations and guidelines, and commonly recognized industry practices, may

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enter a Live Site or perform work on a Live Site. The County shall have no responsibility whatsoever to monitor access to the Live Site, or to monitor the performance of work on such Live Sites, by Lessee or its contractors, employees or agents or to verify training of the same.

(c) The presence at, or performance of any work on a Live Site by any of Lessee

or its contractor's employees or agents who have not made the above representations, shall constitute a breach of this Lease. In the event of such breach, the Lessee shall be liable to the County for any liability, damages, and costs incurred by the County as a result of said breach.

13. Interference:

(a) Lessee shall erect, construct, and operate its equipment and property on the

Tower and Property in a manner that will not cause interference to the County or any other lessees or licensees of the Tower and Property, provided that the rights or installations of such other lessees or licensees predate the installation of Lessee's property and equipment. All operations by Lessee shall be in compliance with all FCC requirements. In the event any after-installed Lessee's equipment causes such interference, and after County has notified Lessee in writing of such interference, Lessee shall immediately take all commercially reasonable steps to correct and eliminate the interference, including but not limited to, powering down such equipment and later powering up such equipment for intermittent testing only. If, despite Lessee's attempts to correct such interference, Lessee has not successfully eliminated such interference within sixty (60) days, then the County shall have the option to terminate this Lease, in which event Lessee shall, immediately upon notice of such termination, completely cease to operate its radio equipment. Lessee shall thereafter remove Lessee's equipment from the Tower and equipment shelter from the Property within such reasonable period of time as shall be determined by the parties and the County shall refund to the Lessee, pro-rata, any unearned rent paid in advance.

(b) Subsequent to the installation of Lessee's property and equipment, the County

shall not permit its other lessees or licensees to install new equipment on the Tower and Property or property contiguous thereto owned or controlled by the County if such equipment causes interference with Lessee's operations as of the date in which such new equipment is or would be installed on the Tower and Property. If such interference occurs, the County agrees to require such lessee or licensee to take all commercially reasonable steps, including but not limited to, powering down such equipment and later powering up such equipment for intermittent testing only. The County shall terminate its lease with the lessee or licensee owning or controlling the equipment causing the interference if the lessee or licensee fails to act in good faith and diligently pursue an interference cure to completion. If the interference does not cease and the County does not terminate the lease or license with the offending lessee or licensor, the Lessee

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may terminate this Lease.

(c) Nothing contained in this Lease shall be construed to prohibit the County from permitting additional lessees of licenses from erecting, constructing, or operating any equipment on the Tower or Property in addition to Lessee's facilities provided that such additional equipment does not result in a breach of Section 13(b) of this Lease and or does not disturb the directional pattern of Lessee's normal signal.

14. Maintenance: The County shall, at its sole cost and expense and at all

times during the term of this Lease, keep the Tower and Property in good repair and safe condition. It is, however, expressly understood and agreed that the Lessee shall be responsible for payment of the cost of any repairs to the Tower and Property of damage thereto caused by the Lessee, its employees, contractors or agents.

15. Notices: All notices or demands by or from the County to Lessee or Lessee to

the County shall be in writing and mailed, postage prepaid, by certified or registered U.S. Mail, return receipt requested. Such notices or demands shall be mailed to the other party at the following address:

Lessor: LEELANAU COUNTY Director of Emergency Management/911 8525 E. Government Center Dr. Suttons Bay, Ml 49682

Lessee: ASPEN WIRELESS 1920 Burnley Lane Maple City, MI 49664

16. Damage to Tower: In the event the Tower is damaged, the County will, at its

cost and expense, repair, rebuild, or restore the Tower to the same condition as it was in prior to such damage; provided, however, that if the Tower is totally destroyed or damaged to the extent that it cannot be restored within forty five (45) days from the date of such damage or destruction, either the County or Lessee may terminate this Lease by giving written notice of such termination to the other. If this Lease is terminated due to damage or total destruction of the Tower, the County will refund to Lessee that proportion of any rent paid in advance by Lessee for the period subsequent to the date of such damage or destruction. If this Lease is not terminated following damage or total destruction of the Tower, the payment of rent shall cease until the Tower is restored to usable condition for Lessee's purposes.

17. Warranty of Title: The County warrants that (i) it has the full right, power, and

authority to execute this Lease; (ii) it has good and marketable fee simple title to the Property and the Easement free and clear of any liens, encumbrances or mortgages; and (iii) the Property constitutes a legal lot that may be leased without the need for any subdivision or platting approval.

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18. Access to the Leased Premises: County agrees that Lessee shall have

access to the Tower and Property, upon twenty-four (24) hours' notice, at all times for the purpose of installing and maintaining the Lessee's equipment. County shall provide Lessee with County's emergency contact information, in the event that Lessee requires urgent access to the Tower. County shall furnish Lessee with necessary means of access for the purpose of ingress and egress to the Property. It is agreed, however, that only authorized engineers, employees or properly authorized contractor of Lessee or persons under their direct supervision will be permitted to enter the Property. Lessee, to the extent authorized in this Section 18, shall have access to the Tower and Property twenty-four (24) hours per day and seven (7) days per week.

19. Sick, Injured or Dead Birds: Lessee agrees to notify the County within

twenty-four (24) hours should any sick, injured, or dead bird be found on the Tower or Property by the employees, contractor, or person acting as Lessee's agent.

20. Assignment: This Lease may be sold, assigned or transferred by the Lessee

without any approval or consent of the County to the Lessee's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of Lessee's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization. As to other parties, this Lease may not be sold, assigned or transferred without the written consent of the County. No changes of stock ownership, partnership interest or control of Lessee or transfer upon partnership or corporate dissolution of Lessee shall constitute an assignment hereunder. Any sublease, license or assignment of this Lease that is entered into by the County or Lessee shall be subject to the provisions of this Lease.

21. Successors and Assigns: This Lease shall run with the Property

described on Exhibit 1 and shall be binding upon and inure to the benefit of the parties, their respective heirs, successors, personal representatives and assigns.

22. Indemnity: Lessee shall indemnify, defend and hold the County harmless

from and against all claims or actions for loss of life, personal injury, and/or damage to property that arise out of Lessee's use of the Leased Premises, to the extent that such loss of life, personal injury, or property damage is proximately caused, by the negligence or willful misconduct of Lessee, its officers, agents, contractors, or employees. The duties described in this Section 22 shall survive termination of this Lease.

It is expressly understood and agreed that Lessee's indemnification and hold

harmless responsibilities under this Section 22 shall not be limited by the insurance coverage obtained and/or maintained by Lessee pursuant to this Lease.

23. Miscellaneous:

(a) Entire Agreement and Amendments. This Lease constitutes the entire

agreement and understanding of the County and Lessee, and supersedes all

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offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Lease must be in writing and executed by the County and Lessee.

(b) Execution of Documents Protecting Lessee's Rights. The County agrees to

cooperate with Lessee in executing any documents necessary to protect Lessee's rights under this Lease or their use of the Tower and Property and to take any further action which Lessee may reasonably require as to affect the intent of this Lease.

(c) Applicable Law and Venue. This Lease shall be subject to and construed in

accordance with the laws of the State of Michigan. In the event of any legal or equitable actions arise regarding this Lease, such actions shall be in Michigan Courts whose jurisdiction and venue shall be established in accordance with the statutes and court rules in the State of Michigan. The venue for any action bought in or moved to a Federal Court shall be the Federal Judicial District of Michigan, Western District, Southern Division.

(d) Lessee's Evaluation of Tower and Property. The County shall cooperate

with Lessee's efforts to evaluate the Tower and Property and to comply with governmental regulations affecting Lessee's use of the Tower and Property.

(e) Liens. Lessee within thirty (30) days from receiving notice of filing, shall

discharge all construction or mechanics' liens filed against the Tower and/or Property because of any work done or claimed to have been done on Lessee's behalf or for any materials furnished to or claimed to have been furnished to Lessee. The bonding of such a lien by a reputable casualty or insurance company reasonably satisfactory to the County shall be deemed to be the equivalent of the discharge of any such lien. Lessee shall indemnify and hold the County harmless from any costs incurred by the County, including court costs and reasonable attorney fees, in connection with any lien described in this subsection (e).

(f) Title to Equipment and Removal of Lessee's Property upon

Lease's Termination. Title to Lessee's radio equipment and equipment shelter on the County's Tower and/or Property shall be and remain vested in Lessee. Upon expiration or termination of this Lease, Lessee shall remove all of its equipment and the equipment shelter owned by it from the Tower and Property within forty-five (45) calendar days of the effective date of expiration or termination. If not removed, the County shall have the right, without any liability, as authorized in Section 9, to remove, store and dispose of such equipment and property and bill the Lessee the costs and expenses the County incurred.

(g) Discrimination Prohibited. The County and Lessee shall comply with the

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current Leelanau County Board of Commissioners Equal Employment Opportunity Policy which provides for equal employment opportunities to qualified persons without regard to race, creed, color, sex, age, religion, national origin, marital status, height, weight, or disability as required by law. It is further agreed, as required by law, that the County and Lessee shall not discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment or any matter directly or indirectly related to employment because of race, creed, color, sex, age, religion, national origin, marital status, height, weight, or disability that is unrelated to the individual's ability to perform the duties of a particular job or position. Breach of this subsection (g) shall be a material breach of this Lease.

(h) Waivers. No failure or delay on the part of either the County or Lessee in

exercising any right, power or privilege under this Lease shall operate as a waiver thereof, nor shall a single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power or privilege.

(i) Severability. Whenever possible, each provision of this Lease shall be

interpreted in such manner as to be effective and valid under applicable law, but if any such provision of this Lease is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Lease; and the Parties shall negotiate in good faith to replace such prohibited or invalid provision with the intent of preserving the original business intent thereof.

j) Binding Effect. The provisions of this Lease shall be binding upon and shall

inure to the benefit of the respective heirs, representatives, successors, and assigns of the parties hereto.

(k) Counterparts. This Lease may be executed in multiple counterparts, each of

which shall be deemed an original.

24. Rights Upon Sale: Should the County, at any time during the Initial or subsequent Terms decide (i) to sell or transfer all or any part of the Property or the Tower to a purchaser other than Lessee, or (ii) to grant to a third party by easement or other legal instrument an interest in and to that portion of the Tower and or Property occupied by Lessee, or a large portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, such sale or grant of an easement or interest therein shall be under and subject to this Lease and any such purchaser or transferee shall recognize Lessee's rights herein under the terms of this Lease. To the extent that County grants to a third party by easement or other legal instrument an interest in and to that portion of the Tower and/or Property occupied by Lessee, for the purpose of operating and maintaining communications facilities or the management thereof and in conjunction therewith, a n d assigns the Lease to said third

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party, County shall be released from its obligations to Lessee, under this Lease, and Lessee, shall have the right to look to the third party for the full performance of the Lease. County agrees to provide Lessee prompt written notice of any such sale, grant or assignment described in this Section 24.

IN WITNESS WHEREOF, The County and Lessee have executed this Tower Space Lease Agreement as of the date and year first above written.

LESSOR: The County of Leelanau, a Michigan

Municipal Corporation Witness:

Date

By: William Bunek Chairman, Board of Commissioners SS/TIN# 38-6004865 County Government Center

Witness: Date 8527 E. Government Center Dr., Suite 101 Suttons Bay, Michigan 49682 Telephone No: (231) 256-9711

Date:

LESSEE: ASPEN WIRELESS

By:

Witness: Date James Selby CEO

Date:

Witness:

Date

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Cell Site Name: Central Tower Address: 1095 S. Pit Rd. Leland, Leelanau County

Section 33.T30N, R:l2W

Exhibit 1

Description of Lessor's Land Central Tower

A parcel of land situated in Section 33, Township 30 North, Range 12 West Township of Leland, County of Leelanau, State of Michigan, to wit:

COM NW COR SEC 33 TH N 89 DEG 17' 45" E 525.85 FT TH S 0 DEG 36' 15" E 668.37 FTM/L TO EXISTING SURVEY LN TH S 89 DEG 00' 30" W 525.85 FT TOW LN SEC 33 TH N 0 DEG 36' 15" W 668.37 FT ALG W LN SEC 33 TO POB ALSO COM SW COR SEC 28 AS POB TH N 00 DEG 36' 15" W 160 FT TH N 89 DEG 06' 00" E 525.85 FT TH S 0 DEG 36' 15" E160 FT TH S 89 DEG 17' 45" W 525.85 FT TO POB EXC PRT LYING WLY C/L HWY TOGETHER WITH EASEMENT SECS 28 & 33 T30N R12W;

and

N ½ OF THE NE ¼ & SE ¼ OF NE ¼ SEC 32 T30N R12W.

Cell Site Name: Law Enforcement Tower Address: 8525 E. Government Center Dr., Suttons Bay, Leelanau County

Section 19, T30N, R11W

Description of Lessor’s Land LEC Tower A parcel of land situated on Section 19, Township 30 North, Range 11 West of Suttons Bay, County of Leelanau, State of Michigan, to wit: DC L563 P393 L563 P394 ALL LAND LYING N & W OF LAKE LEELANAU & SUTTONS BAY HIGHWAY IN NE ¼ OF NW ¼ OF SEC 19 ALSO ALL LAND LYING N & W OF LAKE LEELANAU & SUTTONS BAY HIGHWAY IN NW ¼ OF NE ¼ SEC 19 T30N R11W 46 A.

Cell Site Name: Maple City Tower Address: 9237 S. Tower Rd., Maple City, Leelanau County


Description of Lessor’s Land Maple City Tower

A parcel of land situated on Section 11, Township 28 North, Range 13 West of Kasson, County of Leelanau, State of Michigan, to wit: L271 P323 L392 P169/94 L437 P460/97 L1158 P194/13 L1163 P474/13 L1195 P941/14 N 1/2 OF NE 1/4 SEC 11 T28N R13W. 80 A.

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Cell Site Name: Omena Tower Address: 11750 S. Davis Rd., Northport, Leelanau County


Description of Lessor’s Land Omena Tower

A parcel of land situated on Section 22, Township 31 North, Range 11 West of Leelanau, County of Leelanau, State of Michigan, to wit: ON PT SE 1/4 SEC 22 COM AT E 1/4 COR TH S 89 DEG 38' 32' W 840.40 FT FOR POB TH CONT S 89 DEG 38' 32" W 532.40 FT TH S 0 DEG 21' 28" E 900.00 FT TH N 89 DEG 38' 32" E 532.40 FT TH N 0 DEG 21' 28" W 900 FT TO POB SEC 22 T31N R11W 11 A M/L

Cell Site Name: Northport Tower Address: 100 W Eighth St., Northport, Leelanau County


Description of Lessor’s Land Northport Tower

A parcel of land situated on Section 34, Township 32 North, Range 11 West of Leelanau, County of Leelanau, State of Michigan, to wit: PT OF SE 1/4 OF NW 1/4 SEC 34 COM AT N 1/4 COR OF SD SEC TH S 2540.32 FT ALG N & S 1/4 LN OF SD SEC TO POB TH S 134.34 FT ALG N & S 1/4 LN TH S 89 DEG 53' 50" W 278.04 FT ALG E & W 1/4 LN TH N 00 DEG 04' 41" W 226.08 FT TH S 71 DEG 50' 58" E 292.92 FT TO POB (A/K/A PARCEL D) IN THE VILLAGE OF NORTHPORT SEC 34 T32N R11W 0.91 A M/L

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Exhibit 2

LESSEE'S WIRELSS EQUIPMENT

(2) Mimosa B5 Backhaul Dish (18”) (6) Mimosa N5-45x2 Sector Antenna (17”) (8) CAT5 outdoor cables (3/8” diameter each) bundled

The transmission lines will be attached to the existing waveguide ladder with Microflect cushions and the associated mounting hardware.

LESSEE'S EQUIPMENT SHELTER(S)

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Exhibit 3

LEELANAU COUNTY BOARD POLICY

GENERAL SUBJECT: Administration/General Policy No. 13

(County Administrator) SPECIFIC SUBJECT: Insurance Requirements Policy Adopted: 04/17/1990

Revised: 02/15/1994 Revised: 05/21/2013 Revised: 12/19/2017

APPLIES TO: All Leelanau County Employees and Elected Officials. PURPOSE: The Leelanau County Board of Commissioners hereby establishes a policy on insurance

requirements for contractors, vendors, individuals, and/or organizations receiving monies from Leelanau County. The purpose of these requirements is to assure that the parties referenced above are accepting appropriate responsibility for insuring their own operations, and that they are not unduly exposing Leelanau County taxpayers to liability and/or loss.

The Contractor, and any and all of their subcontractors, shall not commence any work until they have met the insurance requirements outlined in this policy. All coverage shall be with insurance companies licensed and admitted to do business in the State of Michigan. All coverages shall be with insurance carriers acceptable to Leelanau County and have a minimum A.M. Best Company (www.ambest.com) Insurance Report rating of not less than A or A- (Excellent).

1. Workers’ Compensation Insurance: The Contractor shall procure and maintain during the life of the contract, Workers’ Compensation Insurance, including Employers’ Liability Coverage, in accordance with all applicable statutes of the State of Michigan. Workers’ Compensation and Employers’ Liability Insurance are required if the party hires one or more persons or currently has employees. If a party currently does not have any employees, and is a sole proprietor, an affidavit must be filed with the County Clerk stating that the party currently has no employees and will not hire any while working for Leelanau County as a contractor or a subcontractor, etc. If a party currently does not have any employees and is incorporated (Inc.) or a limited liability corporation (LLC), they must file a Notice of Exclusion, WC-337, with the State of Michigan and then provide a copy of the State-approved document to the County Clerk.

2. Contractor’s Tools & Equipment: The Contractor shall be responsible for insuring all its tools,

equipment and materials which it may leave at the Project’s work site. The County shall not be responsible for any loss or damage to the Contractor’s tools, equipment and materials.

3. Professional Liability (Errors and Omissions) Insurance: [For contracts for professional services,

e.g., Architect, Engineers, Doctors, Dentist, etc.] The Contractor shall possess Professional

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Liability Insurance (errors and omissions) with limits of not less than $1,000,000.00 per occurrence or claim. If the Professional Liability Insurance is on a claims-made basis, the Contractor shall purchase extended reporting period “tail” coverage for a minimum of three (3) years after termination of the Agreement.

4. Commercial General Liability Insurance: The Contractor shall procure and maintain during the

life of their contract, Commercial General Liability Insurance on an “Occurrence Basis” with limits of liability not less than $1,000,000.00 per occurrence and aggregate combined single limit, Personal Injury, Bodily Injury, and Property Damage. Coverage shall include the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent; (E) Deletion of all Explosion, Collapse, and Underground (XCU) Exclusions, if applicable.

5. Motor Vehicle Liability: The Contractor shall procure and maintain during the life of their

contract Motor Vehicle Liability Insurance, including Michigan No-Fault Coverage, with limits of liability not less than $1,000,000.00 per occurrence combined single limit, Bodily Injury, and Property Damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles.

6. Deductibles: The Contractor shall be responsible for paying all deductibles in its insurance

coverages. 7. Additional Insured: Commercial General Liability and Motor Vehicle Liability Insurance, as

described above, shall include an endorsement stating that the following shall be Additional Insureds: Leelanau County, all elected and appointed officials, all employees and volunteers, all boards, commissions, and/or authorities and board members, including employees and volunteers thereof. The Contractor’s insurance coverages shall be primary to the Additional Insureds and not contributing with any other insurance or similar protection available to the Additional Insureds, regardless of whether said other available coverage be primary, contributing or excess.

8. Cancellation Notice: Workers’ Compensation Insurance, Commercial General Liability Insurance,

and Motor Vehicle Liability Insurance, as described above, shall include an endorsement stating the following: “It is understood and agreed that Thirty (30) days Advance Written Notice of Cancellation, Non-Renewal, Reduction, and/or Material Change shall be sent to the office of the Leelanau County Administrator.

9. Owners’ and Contractors’ Protective Liability: [For Contracts for Construction or Large Repair or Maintenance Projects such as road work, sewer work or building projects] The Contractor shall procure and maintain during the life of the contract, a separate Owners’ and Contractors’ Protective Liability Policy with limits of liability not less than $1,000,000.00 per occurrence and aggregate combined single limit, Personal Injury, Bodily Injury, and Property Damage. Leelanau County shall be “Named Insured” on said coverage. Thirty (30) day Notice of Cancellation shall apply to this policy. 10. Proof of Insurance Coverage: The Contractor shall provide Leelanau County at the time that the contracts are returned by him/her for execution, A “Certificate of Liability Insurance,” on Accord Form #25, with the necessary coverages included, as listed below:

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a. Certificate of Insurance for Workers’ Compensation Insurance; b. Certificate of Insurance for Commercial General Liability Insurance; c. Certificate of Insurance for Vehicle Liability Insurance; d. Certificate of Insurance for Professional Liability Insurance on Projects where such

insurance is required. e. Original Policy, or original Binder pending issuance of policy, for Owners’ & Contractors’

Protective Liability Insurance, where such insurance is required. f. If so requested, Certified Copies of all policies mentioned above will be furnished.

11. If any of the above coverages expire during the term of the contract, the Contractor shall deliver

renewal certificates and/or policies to the Leelanau County Administrator at least ten (10) days prior to the expiration date.

Failure to comply with these insurance requirements could result in the termination of a contract or delay in receipt of funds. Questions regarding the scope of applicability of this policy may be directed to the Leelanau County Administrator.

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Exhibit 4

LEELANAU COUNTY TOWER FEE SCHEDULE

Cellular Rates ≤ 200ft ISP Rates ≤ 240ft 6ft Antennas 8ft Antennas Price based on average 14" antennas

# Units Cost per month # Units Cost per month # Units Price per Inch Cost per month 1 to 6 $250 per unit 1 to 6 $275 per unit 1 to 6 $3.50/inch $49 per unit

7 to 12 $200 per unit 7 to 12 $250 per unit 7 to 12 $3.00/inch $42 per unit 13+ $180 per unit 13+ $225 per unit 13+ $2.50/inch $35 per unit

Cellular Rates ≥ 201ft

6ft Antennas 8ft Antennas # Units Cost per month # Units Cost per month 1 to 6 $310 per unit 1 to 6 $350 per unit

7 to 12 $265 per unit 7 to 12 $300 per unit 13+ $240 per unit 13+ $280 per unit

Cellular Rates Ground Space ISP Rates Ground Space

250sqft $75/month Price based on average 15sqft Price per sqft Cost per month

$0.30/sqft $4.50

Cellular Rates Utilities ISP Rates Utilities 250sqft $65/month $5/month per Antenna

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Bid


VENDOR: _____________________________


Department:

Contact Person: ____________________________

Telephone No.: ____________________________



Submittal Dates

Executive Board: ____________________

Regular Session: ____________________





Parks & Recreation

Casey Noonan

■

■ 06/09/2020

State of Michigan-MDNRSelect One

$ 0.00 $ 0.00

■ Grant Application

The County Board of Commissioners during its March 17, 2020, Regular Session approved theParks and Recreation Commission to apply for a MDNR Recreation Passport Grant, along witha $50,000.00 match, if awarded.

The Parks Commission later found the County Board also needed to approve a resolution (seeattached) as part of the Recreation Passport Grant application process.

If approved, the resolution will be submitted with the supplemental filing later this year.

Recommend to the County Board of Commissioners to approve Leelanau CountyResolution #2020-xxx, Michigan Department of Natural Resources RecreationPassport Grant, Veronica Valley Park Universal Improvements, as presented.

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Leelanau County Government Center 8527 E. Government Center Drive, Suite #101

Suttons Bay, Michigan 49682 (231) 256-9711 (866) 256-9711 toll free

(231) 256-0120 fax leelanau.cc [email protected]




Leelanau County Board of Commissioners

RESOLUTION #2020-____________

Michigan Department of Natural Resources Recreation Passport Grant Veronica Valley Park Universal Access Improvements

WHEREAS, Leelanau County has a Michigan Department of Natural Resources (MDNR) approved 2020-2024 Community Parks and Recreation Plan, which provides an action program for improvements and maintenance of recreation facilities in the County during the period between 2020 and 2024, and WHEREAS, the County has undergone a planning and design phase for possible improvements, to the park known as Veronica Valley Park, previously purchased by the County for future recreational purposes, pursuant to the Recreation Plan pages 38-45 and 71-73 and the Leelanau County General Plan, Chapter 8, and WHEREAS, Leelanau County has developed the Veronica Valley Park Conceptual Site Plan concurrent with the needs and desires of its citizens, and conducted multiple public input and stakeholder meetings to discuss the project including this public hearing. NOW, THEREFORE, BE IT RESOLVED, that the Leelanau County Board of Commissioners hereby approves the application to the Michigan Department of Natural Resources Recreation Passport Grant with a $50,000 (25%) local match leveraging a $150,000 (75%) requested grant from the state, for the residents of Leelanau County.

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LEELANAU COUNTY BOARD OF COMMISSIONERS FY 2021 – Proposed Budget Preparation Schedule

2020 Dates Action Friday, June 12

Budget forms, instructions, and guidelines distributed to departments.

Monday, June 29

Department 2021 budget submission to Chief Deputy County Clerk – 4:00 p.m. deadline.

July 16-17 1. Budget review; Administrator, Clerk, Treasurer, and Chief Deputy County Clerk.

July 27 1. Administrator, Clerk, Treasurer, and Chief Deputy County Clerk meet to complete budget proposal.

Thursday, July 30

Prepared budget presented to the Board of Commissioners by Administrator w/full Board budget work session, 9:00 a.m. C

August 11 (Suggested)

Possible budget meeting date, immediately following the Executive Board of Commissioners Meeting. C

August 17 – September 21

Additional Board of Commissioners work sessions to be scheduled, if necessary. Staff availability for budget meetings TBD

Administrator, Clerk, Treasurer, and Chief Deputy County Clerk will meet to review budget based on Board of Commissioners’ recommendation/direction.

C

September 22 (Suggested)

Proposed budget sent to the Board of Commissioners for review prior to October 6, 2020, Executive Board meeting.

October 6 Budget proposal to Executive Board for recommendation. C

October 13 Annual Meeting. Public Hearing at 7:10 p.m. Budget approved. Appropriations Act approved.

C

C = Commissioner attendance.

Notice of Public Hearing to the Enterprise by Noon on September 13, 2020, for publication on September 24 and October 1, 2020; budget available for the public on Monday, September 28, 2020.

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Leelanau County Government Center 8527 E. Government Center Drive, Suite #101

Suttons Bay, Michigan 49682 (231) 256-9711 (866) 256-9711 toll free

(231) 256-0120 fax leelanau.cc [email protected]




To: Board of Commissioners

From: Chet Janik

Date: February 17, 2020

Re: Approved Goals A Special Session took place on February 10 with the objective of hopefully finalizing Commissioners’ goals for 2020. It was mutually agreed upon to exclude goals related to the following topics, as these issues have been endorsed by Commissioners for at least the past three years, have been incorporated into the budget process, and have become part of the County’s standard practice:

• Continue to be proactive on additional MERS payments

• Continue to closely monitor budget priorities

• Continue to explore options related to the HVAC project

• Continue with the Substance Abuse Prevention Coalition

• Continue with professional development opportunities for employees to enhance efficiency and customer services

Based on the discussions that occurred at the special meeting, it was my impression that there was consensus on the following five topics and goals: ENVIRONMENTAL Research pertinent facts prior to any additional proposed environmental-related ordinances

AIRPORT GOVERNANCE Finalize an airport model of governance by September 30

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Leelanau County Board of Commissioners, 2020 Goals – APPROVED February 17, 2020

Page 2 of 2

AFFORDABLE HOUSING Continue with the development of partnerships with Land Bank Fast Track Authority Brownfield Redevelopment Authority Housing Action Committee BROADBAND EXPANSION Explore federal and state grants Develop common language for franchise agreements Explore tower options/partnerships Research partnerships with service utilities TAX-RELATED ISSUES Finalize Senior Services renewal millage Explore reducing property taxes by .02ths mill Convert to a per household fee versus millage rate Go one year with no new taxes or fees Recycling fee renewal

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Leelanau County/POAM – Law Enforcement Division Effective January 1, 2018 through December 31, 2019

Page 25 of 27

Classification Start 6 Months 1 Year 2 Years 3 Years

January 1, 2018 through December 31, 2018 (2% increase)

Law Enforcement

Deputy

$41,283.84 $42,488.16 $46,666.88 $50,084.32 $52,933.92

January 1, 2019 through December 31, 2019 (2% increase)

Law Enforcement

Deputy

$42,109.60 $43,338.88 $47,600.80 $51,086.88 $53,992.64

A. Detective: the position of “Detective” shall serve at the pleasure (indefinite time period) of the sheriff. This assignment will consist of a certified Law Enforcement Deputy who is off probation and subject to requirement of 6.4 of this contract. The Detective shall enjoy an incentive allowance of 2.5% above his/her Deputy salary based on years of service. A Deputy who is assigned as a “temporary detective” for a period less than 90 days (short term-special needs) shall be paid at detective salary but is not subject to the requirements of Section 6.4 of this labor Agreement. This temporary assignment is not entitled to a “pro-rated” Detective uniform allowance. Not applicable to TNT assignment.

ARTICLE XXX- TUITION REIMBURSEMENT 30.1: Employees shall be eligible for tuition reimbursement under the same county policy as non-union employees, which may change from time to time.

ARTICLE XXXI - WAIVER 31.1: The parties acknowledge that during the negotiations which resulted in this Agreement,

each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the understanding arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Employer and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered by this Agreement or with respect to any subject or matter not specifically referred to or covered by this Agreement.

ARTICLE XXXII - NO STRIKE CLAUSE 32.1: During the life of this Agreement, the Union shall not cause, authorize, sanction or

condone nor shall any member of the Union take part in, any strike, sit down, stay in, slow down, work stoppage, curtailment of work, concerted use of paid leave time, restriction of

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File Name: Board Policy re Non-Union Personnel Policy Page 14 of 21

10. Tuition Reimbursement

Any regular full-time, full-time grant, and regular part-time employees covered by this policy (non-union) are eligible for financial assistance for tuition costs for college or university courses taken in an approved technical, undergraduate, or graduate program after one (1) complete year of full-time County employment.

The County shall reimburse the employee fifty percent (50%) of tuition costs if:

A. Recommended by the employee’s Supervisor and the County Administrator and

approved by the Board of Commissioners prior to enrollment in the course.

B. The college or university is approved by the Supervisor and the County Administrator. The course taken must be directly job related, as determined by the Supervisor and the County Administrator.

C. Prior to being reimbursed for tuition expenses, the employee must present the

County Administrator a receipt for payment and proof of a grade of “C” (or its equivalent) or higher.

D. Employees eligible for education compensation under the Veterans G.I. Bill or other

government sponsored programs will have to exhaust their other benefits prior to being eligible for County education benefits.

E. Reimbursement includes tuition, registration, books, lab fees, and administrative

fees but not meals or travel expenses.

F. Reimbursement is subject to and conditioned upon money being appropriated in the employee's Department budget for this specific purpose.

G. Tuition reimbursement is subject to all IRS required tax withholding.

11. Rules of Conduct

Leelanau County employees are expected to adhere to the following rules of conduct. The following list is for illustration purposes only and is not intended to be all-inclusive, and employees may be disciplined for matters not listed below. Further, the list may be added to, modified or supplemented by the County Board of Commissioners. The purpose of the rules is to set forth some guidelines for conduct, violation of which will result in disciplinary action, including possible discharge. Other types of behavior can subject an employee to disciplinary action including discharge. Further, all employees serve at the will and pleasure of the County, and may be terminated with or without cause.

A. Tardiness. Employees who are late may be docked for time lost and disciplined.

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MIFOPLC/Dispatchers Unit

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