MUSKEGON COUNTY BOARD OF COMMISSIONERS MUSKEGON COUNTY, MICHIGAN

AGENDA

WAYS AND MEANS Hall of Justice 990 Terrace, Muskegon, Ml 49442 August 20, 2013-4:00 p.m

James Derezinski, Chair Charles Nash, Vice-Chair

1. Call to Order

2. Roll Call

3. Approval of the Minutes of August 1, 2013

4. Public Comment (on an agenda item)

5. Items for Consideration

WM13/08-83 WM13/08-84

WM13/08- 85

WM13/08 -86

WM13/08- 87

WM13/08-88

WM13/08- 89

WM13/08-90

(Administration) Approve Accounts Payable (Administration) Approve Appointment of Mr. Fred Johnson to the Public Defender Department Director Position (Administration) Authorize Notice of Intent to Enter into the Sub-Recipient Agreement to Participate in Regional Model for Use of Revolving Loan Funds; Adopt Resolution and Authorize Board Chair to Sign Agreement (Administration) Authorize Staff to Apply for CDBG Funds; Hold Public Hearing on September 10, 2013; and Authorize Board Chair to Sign Fair Housing Resolution and Act as Certifying Officer for the County of Muskegon (Administration) Authorize Staff to Seek Request for Proposals for Treatment Services for Sobriety Court (Sheriff's Office) Approve the Sheriff's Office to Apply for FY 2014 Secondary Road Patrol Grant (Human Resources) Approve a contract with City of Muskegon to provide the human resources function (Human Resources) Appoint Deborah Groeneveld, Employer Delegate and Kristen Wade, Employer Alternate to the 2013 MERS Annual meeting

Publie Comment Persons may address tne Commission during tne time set aside for Public Comment or at any time by suspension of the rules. All persons must address tne commission and state tneir name for tne record. Comments snail be limited to two (2) minutes for

eaeh participant. unless time is extended prior to tne publie eomment period by a vote of a majority of tne commission.

Ways and Means Committee Meeting Agenda August 20, 2013 Page Two

5. Items for Consideration cont. WM13/08- 91 (Administration) Authorize a contract extension with Detect

P.l. & Recovery, LLC WM13/08- 92 (Administration) Authorize the Board Chair to sign the

Second Amendment to the MOU with Lakeshore Coordinating Council

WM13/08- 93 (Circuit Court) Authorize public defender contracts through December 31,2013

WM13/08- 94 (District Court) Authorize extension of five public defender contracts through December 31, 2013

6. Old Business

7. New Business

8. Public Comment

9. Closed Session- Collective Bargaining

10. Adjournment

AMERICAN DISABILITY ACT POliCY FOR ACCESS TO OPEN MEETINGS OF THE MUSKEGON COUNTY 1 BOARD OF COMMISSIONERS AND ANY OF ITS COMMITIEES OR SUBCOMMITTEES

The County of Muskegon will provide necessary reasonable auxiliary aids and seNices, such as signers for the hearing impaired and audio tapes of printed materials being considered at the meeting, to individuals with disabilities who want to attend the meeting upon 24·hoursnotice to the County of Muskegon. Individuals with disabi1illes requiring auxiliary aids or seNices should contact the County of Muskegon by writing or calling: Administration, 990 TPU::!C'P Slrpp! Mn~kPflfln Ml494t1? (?::\1) 7?4-Rfi?O

Muskegon County Ways & Means Committee

August1,2013 4:00p.m.

Hall of Justice 990 Terrace

Muskegon, Ml

James Derezinski, Chair Charles Nash, Vice-Chair

MINUTES

CALL TO ORDER

The meeting was called to order by Commissioner Derezinski at 4:00 p.m.

ROLL CALL

Present:

Excused:

Benjamin Cross, James, Derezinski, Marvin Engle, Susie Hughes, Kenneth Mahoney, Terry Saba, Robert Scolnik, Rillastine Wilkins

Charles Nash

APPROVAL OF MINUTES

It was moved by Cross, supported by Mahoney, to approve the minutes of the July 23, 2013, meeting as written. Motion carried.

PUBLIC COMMENT (On an agenda item)

None.

ITEMS FOR CONSIDERATION

WM13/08- 80

WM13/08- 81

It was moved by Hughes, supported by Mahoney, to approve payment of the accounts payable of $2,732,218.85 covering the period of July 17, 2013 through July 24, 2013 as presented by the County Clerk.

Motion carried.

It was moved by Cross, supported by Wilkins, to approve setting the Public Hearing date for the FY2014 Proposed Muskegon County Budget for Thursday, September 5, 2013 at 4:00P.M at the Board of Commissioners' Room on the 41

h floor of the Michael E. Kobza Hall of Justice and to authorize the publication of a Notice of Public Hearing in a newspaper of general circulation on or before August 18, 2013.

Motion carried.

3

Ways & Means Committee Minutes August 1, 2013 Page2

WM13/08- 82

OLD BUSINESS

None.

NEW BUSINESS

It was moved by Hughes, supported by Sabo, to authorize the release of a RFB for IBNR actuarial services for Workers' Compensation, General Liability, Property, Automobile Liability, Automobile Physical Damage and Unemployment Insurance exposures. Motion carried.

Mr. Heath Kaplan, Finance & Management Services Director, presented the Board with the 2014 Proposed Muskegon County budget. He noted a public hearing on this proposed budget would take place at the Ways & Means Committee meeting of September 5, 2013.

Commissioner Hughes noted she toured the grounds at Brookhaven Medical Care Facility with staff and Muskegon Township Supervisor to include Fairchild Park which is located between Brookhaven and Pine Grove Manor. She discussed the dire condition of the park and discussed with the County Administrator the possibility of a grant application to assist in clean up. Commissioner Engle responded that this might be an appropriate project for the Friends of the County Park Advisory Committee.

Commissioner Sabo discussed the Shady Rest cemetery located near Quarterline and Oak Roads which appeared to be in need of some work. Administrator Hammersley noted she will follow up with Public Works staff.

Commissioner Derezinski discussed Veterans Park on the causeway and noted there are two canons on display at the Park and the Veterans Advisory Board was looking into restoration of the two canons. Commissioner Sabo noted upon their investigation of the two canons, it was noted the canons were produced in 1906 and only 76 like canons were produced with only 6 remaining in the world, although the two located in Muskegon were not on the list. The Veterans Advisory Board will continue to investigate to try to gather more history on the canons.

PUBLIC COMMENT (On a new topic)

None.

ADJOURNMENT

There being no further business to come before the Ways & Means Committee, the meeting adjourned at 4:11 p.m.

REQUEST FOR BOARD CONSIDERATION-COUNTY OF MUSKEGON COMMITTEE

REQUESTING DEPARTMENT

Administration

BUDGETED

COMMITTEE DATE

August 20, 2013

NON-BUDGETED PARTIALLY BUDGETED

REQUESTOR SIGNATURE

Bonnie Hammersley

SUMMARY OF REQUEST (GENERAL DESCRIPTION, FINANCING, OTHER OPERATIONAL IMPACT, POSSIBLE ALTERNATIVES)

Accounts payable- already distributed.

SUGGESTED MOTION (STATE EXACTLY AS IT SHOULD APPEAR IN THE MINUTES)

I move to approve payment of the accounts payable of $15,895,042.52 covering the period of July 25, 2013 through August 12, 2013, as presented by the County Clerk.

ADMINISTRATIVE ANALYSIS (AS APPLICABLE)

HUMAN RESOURCES ANALYSIS:

CORPORATE COUNSEL ANALYSIS: ADMINISTRATOR RECOMMENDATION:

Revised 8/12/13

Total checks issued Total P-Card Purchases Total Electronic Fund Transfers

{0

RECAP

FOR ACCOUNTS PAYABLE

07/25/13 07/01/13 07/01/13

TOTAL ACCOUNTS PAYABLE

through through through

08/12/13 07/31/13 07/31/13

$ 6,065,706.84 $ 102,332.48

9,727,003.20

$ 15,895,042.52

REQUEST FOR BOARD CONSIDERATION-COUNTY OF MUSKEGON COMMITTEE

& Means

REQUESTING DEPARTMENT

Administration

BUDGETED

COMMITTEE DATE

August 20, 2013

NON-BUDGETED PARTIALLY BUDGETED

REQUESTOR SIGNATURE

Bonnie B. Hammersley

SUMMARY OF REQUEST (GENERAL DESCRIPTION, FINANCING, OTHER OPERATIONAL IMPACT, POSSIBLE ALTERNATIVES)

On May 14, 2013, the County Board approved the motion to create the Muskegon County Public Defender Department Director position and begin the recruitment immediately. The Public Defender is appointed by the County Board of Commissioners and reports to the County Administrator. The Public Defender serves as the responsible attorney of record for all indigent or partially indigent adult criminal, juvenile and select civil cases, as the first choice for appointment by the courts to provide competent, constitutionally mandated legal representation, as counter-part to all prosecution components within the judicial system. The Public Defender will act as a Department Director overseeing the Public Defender Department.

A recommendation panel made up of representation from Circuit Court, District Court, Probate Court, the County Clerk, the Prosecutor and the Sheriff's office reviewed the applications and conducted interviews which resulted in six (6) finalists for recommendation to the selection panel. The selection panel consisting of the County Board Chair, the Courts & Public Safety Chair, Corporation Counsel, and the Kent County Public Defender Director with the County Administrator interviewed the finalists.

The selection panel recommends Mr. Fred Johnson for the appointment of the Public Defender Department Director i ication and resume attached for

SUGGESTED MOTION (STATE EXACTLY AS IT SHOULD APPEAR IN THE MINUTES)

Move to appoint Mr. Fred Johnson to the Public Defender Department Director position effective September 9, 2013, with the starting annual salary at Step 1, $85,550.

ADMINISTRATIVE ANALYSIS (AS APPLICABLE)

HUMAN RESOURCES ANALYSIS: FINA CE & MANA EME T A ALYSIS:

Recommend Approval D. Groeneveld ~toP"' ~o_j ~

CORPORATE COUNSEL ANALYSIS:

Revised 8/7/13

.,

MUSI<EGON COUNTY 1611 Oak Avenue Suite 2

Muskegon, ~llchlgan 49442 877-521-5627 MUSKEGON COUHTY

M I t ·~-~-[ G A N http://www .co. muskegon. m!. us/humanresources

WHAT TYPE OF JOB ARE YOU LOOI(ING FOR? Regular . ... .. _ . .. .. .. ... .. . .....

TYPES OF WOR({ YOU WILL ACCEPT: Full Time

SHiFTS YOU WILL ACCEPT: Day ... .. ...... ... . ........ .

OBJECTIVE:

Johnson, Fred D 2013-00326 PUBLIC DEFENDER

To lead the In-house rubllc defender department in the County of Muskegon.

Criminal defense, neglect (all parties), delinquency, client counseling, supervision of staff, administrative matters Involved In running an office, some landlord-tenant, divorce, and bankruptcy

PM For Official Use Only: QUAL: ___ _ DNQ: ___ _

o Experience oTrainlng

••• .i

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'OA1is: EMPLOYER: POSITION TITLE: i From: 6/1994 To: 6/1997 Parole Parole Board Member

Board/Michigan Department of i

Corrections ADDRESS: (Stree~t, City, state, Zip Code) COMPANY URL: ' Parole[Joard, c/o MDOC, PO .Box 30003, Lansing, Mlchlgan.j89Q9 . ww~w. michlp~n .gov [correctlons/0,455 ~, 7: 119.·1435 . 11601---,00:_Iltmi?

PHONE NUMBER: SUPERVISOR: MAY WE CONTACT THIS EMPLOYER? i (517) 373-0270 Gary Gabry- .uves DNo

Dlrector1 : Michigan Parole I Board I

HOURS PER WEEK: SALARY: ' tl OF EMPLOYEES SUPERVISED: il 50 . ~ . $61000.00/month g .. ~ -·~ ... ~······ _ .. ~ ~ ~ . . ___ I

I ~UTIES: ,I Determine the appropriateness of paroling Inmates from prlson1 administrative judge, establish .P<?}i_cl~s_ for,_th~ ?oa~cir m~eti~Q __ ~!t~ _ _ylc~ims o~_~rlrQ_el ln~~pe_ndent_~_~ma_gemel}t of. my ~a~e lo?.~·-- !

~ ' REASON FOR LEAVING: . ConfllctMybrotherwas convicted ofacrlmeand senttoP.rlson. . . . . -- .. ---. ··-··· . . . - - ---- ... -- .. - . . ·~ . ..... - .... .... - ·-DATES: EMPLOYER: I POSITION TITLE: I

From: 1/1992 To: 5/1994 Love & Johnson . Partner( Attorney .. I

' ·ADDREss: (street, city, state, z;p co<Jej ~. ··

~~ ---- . ._ .... - ---' COMPANY URL:

~· 650\Nealtlly Ave.,Sf', Grancj Rapicls1 Michigan 49503 WWW.i9Y.~-~ndjohnS~J!.I~\Y:~?IU/? ----- i ~~ ~

PHONE NUMBER: SUPERVISOR: MAY WE CONTACT THIS EMPLOYER? i I (616) 913-9045 None- None •Yes DNo I . ·-· ... --. ---- . . . . . -- .. ··- -- •.. ... ----HOURS PER WEEK: SALARY: tl OF EMPLOYEES SUPERVISED: I 70 ~~3,000.00/montl 1 - - - ---

DUTIES: Criminal defense, neglect (all parties), delinquency, client counseling, supervision of staff,

administrative matters involved In running an office, some landlord-tenant, divorce, and bankruptcy I

practice.__ _ ___ i . . . I

REASON FOR LEAVING: I AfJEOintrnent to M.lchlgan ParoleBoard . --- ------ - ---- .... - .. -- .. - .. _.,_ ....... - ----- . ····-- -----

DATES: EMPLOYER: POSITIO.N TITLE: ! From: 1/1990 To: 12/1991 Beason/ Ferrer, Partner/ Attorney

Cross & Johnson ADDRESS: (Street, City, State, Zip Code) COMPANY URL: I

1120 .M.cKaz Tower,. Grand RaRids1 Michigan 49503 none ! PHONE NUMBER: SUPERVISOR: MAY WE CONTACT THIS EMPLOYER? I (000) 000·0000 John R. Beason - aves oNo

Senior Partner ' I

HOURS PER WEEK: ---- - -- - --. . . ..

SAlARY: tl OF EMPLOYEES SUPERVISED: I 70 gooo.OO/rnontt 0 !

DUTIES: i Criminal defense, delinquency, client counsellng1 I

administrative matters Involved in running an office, some landlord-tenant, divorce, and bankruptcy ' practice,. i

------------. -----· - ------ ...... ~·· ---. ~ . .. ~ . . .... --. - .. ---. -····· .. •. . .. ~ . . I

REASON FOR LEAVING: ,I law firm dissolved . .. .. . . . .. - . ~ . .

DATES: EMPLOYER: POSITION TITLE: ! From: 4/1989 To: 12/1989 Kent County Assistant Kent County Prosecuting Attorney I Prosecuting

. --- -AttOJ:ney ~ -- . -- -- . . -·-· ... i

ADDRESS: (Street, City, State, Zip Coa~ COMPANY URL: ! 82IonlaAvenueNW, Suite 450, Grand Rapids, Mlchl9an 49503 ww~.ac~esske_nt.c~~{_(:ourt~j_~~osec~tor{? ' -- --.' .. .J

PHONE NUMBER: SUPERVISOR: MAY WE CONTACT THIS tMPLOYER?

I (616) 632-6710 Gary Wallin- •Yes DNo Chief Assistant

I Prosecuting --~-- . ·--· .. ·-·· -·. .... --· ·- - -- - Attorney ~ ...... -· ---- ....... - - ---- .. -- .. ·······- .. .. --- ~ .. 1

HOURS PER WEEI<: SAlARY: t1 OF EMPLOYEES SUPERVISED: 50 $11500.00/montl 0 !

~

DUTIES: i PrC?sec!J_~!on_of !T-I_I_s~~~e~_t:~_ors_an9_ f~lo~~Jes, __ w_~-Jting w_~rrants, resp~~d!nQ ~o J?~~!i~ lnquirle~. I

REASON FOR LEAVING: ' __ ?ta~e:~---~~~--!~_yv .f!E~-~--~~-~~~-!:'1 ___ f.~r~-~~:L~_!:.C!.~-~--~ Jol_~~~~m ... ·-·-·· --- ~-- ----- --- ······-·- .. - -·· .•.. . J DATES: EMPLOYER: ' POSITION TITLE: I From: 1/1985 To: 8/1988 United States ! lieutenant/ Attorney I Navy/Judge

Advocate General i

' . ~

ADDRESS: ,~Street, City, State, Zip Code) COMPANY URL\ ' ~Yo_~~~k.a,_J~aopl'~! Ar!"~E F~r~"s_j>aci~I£_QO(JIJQ .W.':'!.W:ri.'!YY!'D_!YIL. ,~ ~· .. i

-~=~~-~~-- ···-···" ··-~><· - ·---------~--------~--... -.,~--~-~---~-~·- '' -------'"-"" -~ •··· --~--~·

9

'PHONE NUMBER: SUPERVISOR: MAY WE CONTACT THIS EMPLOYER? i (000) 000-0000 James Cossey - aves oNo Admiral, i Commander

I Naval Forces ~apa~ _

···- J

HOURS PER WEEK: SALARY: # OF EMPLOYEES SUPERVISED: I 50 $1,200.QO/month 2 ---- . .. -.-. ---·. ·-··- -- .. ·----- '

DUTIES: Legal defense and prosecution, administrative Jaw, family law (As we were In Japan1 we were a full se1vlce operation. Any legal services the i

_sailors a_nd Marine~ need_e~1 -~e .P~rformeq.)_ _ _ _ _________________ .... _ _ __ _ _ _ __ _ _ _ ____ . _ _ _ _ __ _ _ _ _ __ __ _ _ _ __ _ _ _ __ _ _ _ ______ .... __j REASON FOR LEAVING: HonorableDischarge ... . ----- . . - - - .. ------ ----·- --- ··- .

·. ;s, ·;~c_·;:.:::; ,. ·. · ., ':" ~-· .. '. ·', ; • : ·.\·:, .~>:, . );i.i'>'· •,:,.(l!:l!?HJ:9NALiJN!:PRMI).TI9l'tP :;r,·:.;•r.' ''" ··: J,L• ?;•r;,~· '~'-1';\::;:c"i;,i;Xcl\':';;t;.,;:;i.~''!1llc,( <; Interests & Activities Genealogy, photography, audiophile stereo, new experience

Milita1·y Service United States Navy (1985-1989), Honorable Discharge, Navy Achievement Metal, Expert Handgun Award

Miscellaneous I have practiced criminal law In Muskegon County circuit court.

Personal · I am single, divorced. No children but I was a father figure to my ex-wife's two children and three grandchildren.

Professional Associations I have been at times a member· of the American Bar Association, the Grand Rapids Bar Association, and the Floyd Skinner Bar Association.

Currently I am a member of the Michigan Bar Association, only. Voluntee•· Experience I am a member of the First Community AME Church In Grand Rapids, the Sunrise Rotary Club and the American Legion. In the past I was

on the board of REACH and a member of Kaifu Galkuen, a service association for a Japanese orphanage. Additional Infol'mation I have provided you with 3 references but you should feel free to contact any of the judges In the 61st district and 17th circuit courts. Also, '

all. the me111~e1:s. oft~e Joc:al defen<Jers office are familiar wlthm" and you should fe_el free to contact any of them, . ... . . . .... -· .I

REFERENCE TYPE: Professional

ADoiiEss: cstre<£ ciiy, stilte, z;r) code) NAME: Christopher Becker

POSITION: j ChlefAsst Kent County_ProsecutlnG_Attorney.

8_2 Ionia Ave.NW St" 450, Grand Rapids, Michigan 49503 EMAIL ADDRESS: PHONE NUMBt:R: chrls.becker@kentcountymLgov. (616) 632_·6710 . .. I

hR~E~F~E~RrtE~N~C~E~T¥,Y~P~E~:~~~~~~~-~~IHN~A~MttE~:~~~. ~--"--~~~~~~--rp~o~S~I~T~I~O~Ni:~~~.~~~~~~~-~-1 Pmfessional Richard Hillary Director, Kent County Office of the

Defenders ADDRESS: (Street, City, State, Zip Code! .146 _Monroe(;t! E;tSulte 920,. Grand Rapids, Michigan 49503 .. EMAIL ADDRESS: rhlllary@kcod.org

REFERENcfT\i'PE: NAME: Professional Donald Johnston

ADDRESS: (Street, City, State, Zip Co~!';~

PHONE NUMBER: (616) 774·8181 .

POSITION: Chief Judge, 17th Circuit Court

Kent County Courthouse, 180 ottawa NW, Grand Rapids, Michigan 49503 . ___ ....... _ .. EMA'n.:A'o"oREss:· - .... . .. m • .. ................. -c~·=··"'"'"c··= .. = .... = .. =· =· ======"rnpnH"o"'N"'EFlNmlmJM-BE'~IR"':~========;.IJ

don~Jd.i()hnstrm1Jlkentcountyml.gov (616) 632-.!)032 .. FlR~E~F~E~R~E~N~C~E~T~Y~P~E~,~~~~~~==~n<NrrA~M~E:~----~~====~~~~fnp~o~S~IT¥I~O~N~:~~~====~--~~.''.·.'1 Personal Michael Curtis cousin _,:J

ADDRESS: (Street, City, State, Zip Code) ~l_I,J.2~ .. 6l)tll §.tr!'!l~~._~E., K,e_~t~?(ldL~IEhlg~.n ~~sos._

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Job Specific Supplemental Questions

Please tell us why you are interested in thfs position and why It is a good time in ymn caa·eer to come to Muslcegon County.

After 25+ years of practice, most of It criminal defense, I have the experlence1 expertise, and love for the profession wherein I feel this position and I are a perfect match. I have led professionals, I have tried the most complex cases, and because I am from the reglon 1 I believe I understand our people and their perspectives. I am a goal oriented, team-player Interested in providing for the needs of my clients, furthering the careers of my subordinates, and satisfying the needs or my superiors.

2. What is yom· definition of a successful indigent defense delivery system?

1. My boss doesn't have to handle Issues that occur on my watch. 2. Comraderie and mutual assistance exists between the co-workers In my office. 3. Employees know that I have their backs, and will acknowledge their successes. 4. Clients receive the best services our office can provide. 5. The office Is efficient and striving to Improve.

3. Describe what It is lil<e to worl< with you and how others would desCI'ibe yout• ntanagement and leadership style.

It's fun to work with me. I consider myself a fair, supportive, and when necessary/ a corrective boss. It's also competitive. People know where they stand with me. People are challenged to do their best and Improve their skills.

The Following terms were accepted by the applicant upon submitting the online application:

Pre-employment Inquiry may be made as to your physical ability to perform specific job-related functions. IF YOU ARE OFFERED A POSITION, YOU WILL BE REQUIRED TO SUBMIT TO A POST-OFFER EMPLOYMENT MEDICAL EXAMINATION FROM A COUNTY APPOINTED PHYSICIAN WHICH WILL DETERMINE YOUR ABILITY TO PERFORM SPECIFIC JOB RElATED FUNCTIONS. School and employment references will be checked. For positions requiring a driver's license, applicant driving records will be checked. A nlmlnal background check may be conducted for selected positions. County employment Is at will unless otherwise provided by written County policy.

This application was submitted by Fred D Johnson on 6/14/13 3:19PM

Signature. _______________________________ _

Date ______________________________ __

/I

FREDERICK DANIEL JOHNSON, JR. 650 Wealthy Avenue, SE, Grand Rapids, MI 49507 Tele: (616) 913-9045 Fax: (616) 913-9047 E Mall: fdj1957@sbcglobal.net PROFESSIONAL HISTORY: LOVE & JOHNSON, Partner. Law firm, Grand Rapids, Michigan. MICHIGAN PAROLE BOARD, Member. Department of Correct!ons1 State of Michigan, Lansing, Nlch!gan. LOVE & JOHNSON, Partner. Law Firm, Grand Rapids, Michigan. BEASON, FERRER & JOHNSON, P.C., Partner. Law firm, Grand Rapids, Michigan. OFFICE OF THE PROSECUTOR, Assistant Prosecutor, Kent County, Grand Rapids, f~Jchlgan JUDGE ADVOCATE GENERAL CORPS, Lieutenant. United states Navy, Yokosuka, Japan. Recipient, Navy Achievement Medal EDUCATION: THOMAS M. COOLEY LAW SCfiOOL, Lansing, Michigan Doctor of Jurisprudence Honors: Law Review Dean's List Graduated with Distinction Distinguished Student Award UNIVERSITY OF MICHIGAN, Ann Arbor, Michigan Bachelor of Arts PROFESSIONAL AFFILIATIONS: Michigan Bar Association American Bar Association Grand Rapids Bar Association Floyd Skinner Bar Association Federal Bar Association Western Michigan Chapter COMMUNITY AFFILIATIONS: Grand Rapids Sunrise Rotary First Community A.M.E. Church, Steward Board, Futures Committee Grand Rapids REACH, Inc. 1 Board of Directors Grand Rapids Jobs Corps, Community Relations Councll Grand Rapids AIDS Resource Center YMCA Metropolitan Committee EXPERIENCE: Hundreds of Dellnquency/Clllld Protective representations Over 150 Criminal cases Tried In State and Federal Courts Administrative Judge Negotiated Dispute Resolution Legal advisor, Executive level Debtor/Creditor/Bankruptcy Divorce/Separation Estate Planning General Legal counseling References Furnished upon request.

Resume

/d.

REQUEST FOR BOARD CONSIDERATION-COUNTY OF MUSKEGON COMMITIEE

and Means

REQUESTING DEPARTMENT

Administration

BUDGETED X

COMMITIEE DATE

August 20, 2013

NON-BUDGETED PARTIALLY BUDGETED

REQUESTOR SIGNATURE

Judith Kell

SUMMARY OF REQUEST (GENERAL DESCRIPTION, FINANCING, OTHER OPERATIONAL IMPACT, POSSIBLE ALTERNATIVES)

On March 22, 2012, the County Board of Commissioners designated the Capital Fund Services, a subsidiary corporation of the Great Lakes Capital Fund, as the Regional Fund Manager for Region IV to manage and administer the Community Development Block Grant (CDBG) Revolving Loan Fund and adopted the attached resolution. The Michigan Strategic Fund has completed its process for establishing the regional funds. The County of Muskegon must now adopt several documents which are attached: the Notice of Intent to enter into the Sub-Recipient Agreement and participate in a regional model for the use of the revolving loan funds; the Resolution of the County Board of Commissioners authorizing the Chairman of the County Board to execute several agreements, act as the certifying officer for the environmental review for County of Muskegon projects and sit as member of the Regional Revolving Loan Fund Advisory Committee and the Sub-recipient Agreement between the County of Muskegon and the Capital Fund Services, Inc.

SUGGESTED MOTION (STATE EXACTLY AS IT SHOULD APPEAR IN THE MINUTES)

I move to Authorize the Chairman of the County Board of Commissioners to sign the Notice of Intent to enter into the Sub-Recipient Agreement and participate in a regional model for the use of the revolving loan funds; to adopt the Resolution of the County Board of Commissioners authorizing the Chairman of the County Board to executive several agreements, act as the certifying officer for the environmental review for County of Muskegon projects and sit as member of the Regional Revolving Loan Fund Advisory Committee and to authorize the Chairman of the County Board of Commissioners to sign the Sub-recipient Agreement between the County of Muskegon and the Capital Fund Services, Inc.

ADMINISTRATIVE ANALYSIS (AS APPLICABLE)

HUMAN RESOURCES ANALYSIS:

CORPORATE COUNSEL ANALYSIS:

Concur D. Hughes

Revised 811/13

NOTICE OF INTENT

MICHIGAN STRATEGIC FUND COMMUNITY DEVELOPMENT GRANT (CDBG)

REVOLVING LOAN FUND

I certify to the MSF Fund Manager, that to the best of my knowledge, it is the intent of the County of Muskegon to seek the approval of a local resolution to enter into the Sub-recipient Agreement with Capital Fund Services, Inc. (Region IV) and participate in the regional model.

The date of the public meeting at which the approval of the resolution will be requested is August 2 7, 2013

Sincerely

Kenneth Mahoney, Chairman August 20, 2013 Muskegon County Board of Commissioners

Contact Phone: 231-724-6520 Contact Email: mahoneyke@co.muskegon.mi.us

RESOLUTION

WHEREAS, the Michigan Strategic Fund as been Informed by the u.s. Department of Housing and Urban Development (HUD) of Its concern regarding the low utilization rate ilnd non-revolving nature of local business Revolving Loan funds; and

WHEREAS, the MSF has mandated the reglonallzatlon of local revolving loan funds; and

WHEREAS, the MSF believes regional revolving loanfunds (RLF) will lead to:

• Stronger loan volume associated with deeper risks; • Significant Statewide improvement In HUD reporting, guideline compliance

and on-going monitoring compliance; • Improvement In quality of project management Including stronger

coliaterallzatlon structures; more focused cash flow analysis, more organized and uniform communication about loan opportunities;

• Closer regional cooperation based upon shared resources; and • More stable RLFs with more flexible eligibility criteria; and

WHEREAS, once the MSF Board has designated the Revolving loan Fund Manager (RFM) for a Region, all existing revolving loan fund assets In a region will be recalled and the MSF will reissue the recalled assets In the form of a grant to the respective region's designated RFM; and

WHEREAS, the MSF has asked every community with a local Revolving Loan Fund to endorse an entity they believe has the capability to effectively manager and administer a regional revolving loan fund for their region;

THEREFORE BE IT RESOLVED, that the Great Lakes Capital Fund and Its subsidiary, Capital Fund Services (a Community Development Financial institution) have the resomce, knowledge, experience and staff necessary to manage a Regional Loan Fund; and

THEREFORE BE IT RESOlVED, that the County of Muskegon, hereby endorses Capital Fund Services (CFS) as the entity to administer and manage the Regional Revolving loan Fund for Its region (Region IV).

--.t/' ._ / ;)l;ei""" J.~<~Q, n,)f) JJ. eth Mahol)ey, Chairman, County Bolifd of Commissioners Date

,:.._..-----:-:---~--:-:-:-1 t HEREBY CERTIFY this to be a true and correct copy of the original on file with the office of COUNTY CLERK.

This Certified Copy VALID Only When SEAL and RED SIGNATURE Aro Atfixed,

15

SUBRECIPIENT AGREEMENT BETWEEN

COUNTY OF MUSKEGON AND

CAPITAL FUND SERVICES, INC. FOR

MICIDGAN CDBG PROGRAM

TillS SUBRECIPIENT AGREEMENT (Agreement), entered this 271h day of August, 2013 by and

between the County of Muskegon (herein called the Unit of General Local Govemment or "UGLG") and Capital Fund Services, Inc. (herein called the "Subrecipient").

WHEREAS, the UGLG has applied for and received funds fi·om the Michigan Strategic Fund (MSF) under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383;

WHEREAS, the UGLG has operated a revolving loan fund (Local RLF) pursuant to the HCD Act for many years;

WHEREAS, the MSF approved the regionalization of existing revolving loan funds into nine (9) regional entities or Regional Revolving Loan Funds (hereinafter individually a "Regional Fund") pursuant to Resolution 2011-120;

WHEREAS, this regionalization was provided for in the Michigan Consolidated Plan for Housing and Community Development program Year 2012 (July I, 2012- June 30, 2013); One Year Action Plan as approved in Resolution 2012-028;

WHEREAS, by Resolution 2012-142 the MSF designated each Michigan CDBG Regional Fund Manager (RFM), including the Subrecipient as the RFM for Region 4;

WHEREAS, the UGLG and its Local RLF are within Region 4; and

WHEREAS, the UGLG wishes to engage the Subrecipient to assist the UGLG in utilizing such Local RLF funds and additional Community Development Block Grant (CDBG) funds which the UGLG may receive.

NOW, THEREFORE, it is agreed between the parties hereto that;

I. PARTIES' RESPONSIDILITIES

A. Subrecipient's Responsibilities

The Subrecipient will be responsible for administering a CDBG revolving loan program, also referred to as Regional Revolving Loan Fund (Regional Fund), for the [city/county of (name of UGLG)]." The Subrecipient will administer all tasks in connection with the aforesaid program in compliance with all applicable Federal, state, and local laws, statutes, rules and regulations, and MSF program guidance (Grant Application Manual or Guide, hereinafter "GAM") as may be amended from time to time, governing these funds, and in a manner satisfactmy to the UGLG and the MSF.

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Changes to the program focus and objectives, or services, contained in this Agreement, unless otherwise noted, may only be made through a written amendment to this Agreement, executed by both the Subrecipient and UGLG and acknowledged by the MSF Fund Manager or designee.

The focus of the Subrecipient's efforts under this Agreement will be the provision of loans to private, for-profit businesses located in the County of Muskegon that will result in the creation of jobs primarily for low-and moderate-income individuals at those businesses or which will meet another permissible CDBG National Objective as provided in the GAM. The major tasks that the Subrecipient will perform in connection with the operation of a Regional Fund include, but are not limited to, the following:

1) Outreach: the Subrecipient will adve1tise and market the Regional Fund and conduct other forms of outreach. The Subrecipient's outreach efforts will be sufficient to generate enough demand to be able to close loans that produce jobs, the majority of which will be for low- and moderate-income persons.

2) Completion of loan applications; underwriting assessment: the Subrecipient will assist for-profit businesses and other eligible borrowers in completing loan applications, and will perform an assessment of each loan request to: (a) dete1mine the CDBG eligibility of the loan, (b) evaluate the loan's job creation potential relative to meeting the National Objective and Public Benefit standards, and (c) asce1tain that the loan will minimize, to the extent practicable, displacement of existing businesses and jobs in neighborhoods. The Subrecipient will perform a front-end assessment to determine whether each loan and the financing terms associated with it are appropriate, and as pmt of this assessment will consider the following:

• the business' need for financial assistance; • the feasibility of the proposed venture or business activity; • the past business experience of the applicant; • the reasonableness of the proposed costs and retum to the applicant; • the commitment of other sources of funds; • and the ratio of the loan amount to the full-time equivalent jobs expected to

be created.

Additional underwriting standards and requirements may be fouud in the GAM.

3) Obtain loan collateral: the Subrecipient will identify and obtain loan collateral, or other appropriate fmms of loan security, sufficient to reduce the fmancial risk associated with each CDBG-funded loan, consistent with the program intent of providing financing in situations where adequate conventional financing is not available and as may be provided in the GAM.

4) Loan approval committee: The Subrecipient shall establish and maintain a Loan Approval Committee for the Regional Fund which will have no fewer than five (5) seats. The composition and experience requirements for the Loan Approval Committee are re-iterated in the GAM. In no case, can a Loan Approval Committee convene to consider a

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loan request without a representative from the community where the project resides.

5) Incurring costs: the Subrecipient shall be responsible for making sure that no CDBG or non CDBG project costs have been incuned prior to either execution of the formal loan agreement or completion of the environmental review procedures and written authorization from the CDBG Revolving Loan Fund Program Specialist to incur project related costs.

6) Loan closing: with the authorization of the Regional Fund program's Loan Approval Committee, the Subrecipient will execute all necessary documents and disburse funds as necessary to cover the expenses of approved applicants for activities authorized by executed loan agreements. The loan documents executed with applicants will include explicit provisions describing (a) the records that Borrowers must maintain to demonstrate the eligibility of the CDBG expenditures and the satisfaction of the CDBG National Objective, and (b) the conditions and procedures under which late payment penalties, default and/or foreclosure will occur. Prior to any disbursement, each loan must be approved in writing by the MSF or its designee.

7) Loan servicing/loan portfolio management: the Subrecipient will establish and maintain a consistent method for recording monthly payments, with up-to-date ledgers and timely reconciliations (at least quarterly) which is consistent with the GAM and acceptable to the MSF or its designee. The Subrecipient will also establish a system to monitor the financial health of Borrowers, in order to anticipate repayment problems called a Troubled Asset Management Plan ("TAMP") which is discussed fmther in this document and within the GAM. The Subrecipient will apply its policies and procedures regarding late payments, defaults, loan re-negotiation, and foreclosure in a timely and consistent manner.

8) Monitoring of job creation: for those projects required to create low to moderate income (LMI) jobs, the Subrecipient will monitor Bon·owers on at least a qua1terly basis to assess their progress in creating jobs for low- and moderate­income persons, and will institute default and foreclosure of the loan (subject to any inter-creditor rights and with penalties if appropriate) in instances where the Borrower fails to take sufficient action to satisfy the CDBG National Objective requirement.

9) Management of program income: any program income (as defined at 24 CFR 570.500(a)) generated in connection with the economic development loan program, including loan repayments, late payment penalties, recaptures, or proceeds from foreclosure, will be utilized consistent with applicable CDBG program requirements. The Subrecipient shall apply this program income toward additional loans under the Regional Fund program through the use of a revolving fund pursuant to 24 CFR 570.500(b).

1 0) Maintenance of records: in addition to the financial records regarding loan repayment cited in Paragraph A.6 above, the Subrecipient will maintain sufficient records to fully document (a) the loan application and underwriting review, including the front end assessment of CDBG eligibility and appropriateness of the loan, (b) the final tenns and conditions of the loan, including collateral or

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other forms of loan security involved, (c) satisfaction of the CDBG National Objective, and Public Benefit requirements consistent with the requirements of 24 CFR 570.208(a)(4) and 570.209, and (d) proper utilization of program income received. All such records will be maintained according to the general requirements of 24 CFR 570.506 and those specified in the section of this Agreement on retention of records.

11) Borrower compliance: Recipients of loan proceeds (Bmmwer(s)) from the Regional Fund must comply with all federal and state laws, statutes, regulations, rules and policies, including, but not limited to, all repmting, monitoring and other requirements. Borrowers must acknowledge their compliance obligations at loan inception.

12) General Regional Fund program management: in addition to all of the responsibilities above, the Subrecipient shall be responsible for (a) maintaining separate accounting for the various types of capital, (b) reporting results of the Regional Fund program quatierly to the UGLG with a copy provided to the MSF or its designee, (c) obtaining written pre-funding consent from the MSF or its designee prior to any loan closing, (d) managing the administrative and oversight costs, including potential costs associated with third pmty contract service providers, and (e) obtaining written consent from the MSF or its designee prior to any disbursement.

13) Adoption of credit policies: The Subrecipient shall maintain at all times Lending Policies, Collection Policies, Compliance Policies, and Financial Accounting Policies consistent with the GAM which are customary to lending institutions and gennane to their activities.

14) CDBG project closure: The Subrecipient shall complete the Project Closeout Report and submit all required attachments and documentation requested for review by MSF Staff. The process for closing out CDBG Revolving Loan Fund Projects is promulgated in the GAM and is regularly updated.

Repayments received on projects which are considered by the MSF as both "Closed" and "Successful" are no longer subject to Program Income restrictions and are instead subject to a cettain "Repaid Funds Agreement" which shall be executed concurrently by the Subrecipient.

B. UGLG Responsibilities

I) The UGLG shall sub-grant to the Subrecipient its uncommitted Local RLF funds and ce1tain new CDBG funds received from the MSF pursuant to the terms and conditions of this Agreement (the "Subgranted Funds"). The UGLG shall continue to retain responsibility related to its Local RLF and for its sub-granted CDBG funds, program income and existing loans and grants, and shall be required to participate in the resolution of any problems that may develop in the course of a project's implementation. Specifically, as it pettains to all transactions subject to this Agreement, the UGLG shall:

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Collaborate with Subrecipient to complete or assist with UGLG specific compliance items and oversee Subrecipient compliance with additional statutmy and program requirements, including but not limited to: o National Objectives ° Citizen Patticipation 0 Propetty Management ° Financial Management 0 Environmental Review ° Fair Housing o Equal Oppmtunity o Labor Standards o Acquisition and Relocation 0 Procurement and Contract Management Oversee Local/Regional RLF budget and project amendments Oversee field review and audits of project activities and overall project progress Review final close-out repmts prepared by Subrecipient prior to submission to the MSF Oversee and monitor third-party contracts related to projects that utilize its program income Review quarterly repmting prepared by the Subrecipient Attend on-site project monitoring with the MSF and Subrecipient Attend on-site monitoring of Subrecipient with MSF, as requested Complete annual Subrecipient performance repmt and submit to MSF

2) A copy of all files and records as required to be kept by an UGLG or as provided in the GAM must be kept at the UGLG office and must be available to the public during regular business hours, except documents deemed confidential and exempt from disclosure pursuant to MCL 15.243. Documents to be made available include copies of approved written policies related to the statutory and program requirements listed above. Required documentation and record keeping is discussed in greater detail in Section VIII.B, below.

3) Required actions: contemporaneous with the signing of this Agreement, the UGLG shall submit to the MSF the information below as provided in the attached Exhibit A and Exhibit B: a. Appointment of signatmy/representative to Regional Fund Loan Approval Committee b. Acceptance of current GAM c. Statement of Assurances

II. TIME OF PERFORMANCE

Services of the Subrecipient shall stmt on the 1 '' day of September, 2013 and end on the 31 sr day August of 2015. The tetm of this Agreement and the provisions herein may be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. Extensions must be approved by the UGLG and the MSF.

The MSF reserves the right and the UGLG and Subrecipient agree that the MSF for either cause or convenience may suspend and/or terminate any and all Regional Fund activities and direct the

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Subrecipient as to the further use and purpose of Regional Fund assets. If the suspension/tetmination is for convenience, the UGLG and Subrecipient shall be provided sixty ( 60) days' written notice of the tetmination and the specific rationale for the action.

III. TRANSFER OF CURRENT AND FUTURE PROGRAM INCOME

The UGLG hereby agrees to provide, and the Subrecipient agrees to accept, and the MSF hereby consents commensurate with its Resolutions 2013-054 and 2013-078 to the subgrant of all currently outstanding program income and any future program income received by the UGLG to the Subrecipient. Upon the execution of this Agreement, program income will be subgranted within fifteen (15) business days to the account of the Subrecipient. Any additional program income received shall be subgranted no less fi·equently than quatterly on the first business day of the first month of the quarter by electronic transfer or other fmm acceptable to the patties.

IV. REIMBURSEMENT OF ADMINITRATIVE EXPENSES OF UGLG

A. Reimbursement of Administrative Expenses for Existing Business Program Income received by a Local RLF which is then sub-granted to a Regional Fund under this Agreement may be reduced by a percentage, which is described in the GAM, which may be used for the reimbursement of reasonable and allowable administrative expenses associated with existing business of the Local RLF. Excess and unused funds may then be sub-granted in whole to the Regional Fund.

B. Reimbursement of Administrative Expenses for New Business Upon the initial transfer of Program Income from the UGLG to the Regional Fund, a percentage described in the GAM of the transferred amount may be set aside and made available to the Regional Fund for the reimbursement of reasonable and allowable administrative expenses associated with new business undertaken by the Regional Fund.

Payments may be contingent upon cettification of the Subrecipient's financial management system in accordance with the standards specified in 24 CFR 84.21.

V. NOTICES

Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice.

Communication and details concerning this contract shall be directed to the following contract representatives:

UGLG:

Name: Bonnie Hammersley Title: County Administrator Address: 990 Terrace

Muskegon, Ml 49442

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Subrecipient:

Name: Jacob Horner, Capital Fund Svcs. lnc. Title: Vice-President

Address: 1000 S. Washington Avenue Lansing, MI 48910

With a copy to:

Michigan Strategic Fund Attn: Fund Manager 300 N. Washington Square Lansing, MI 48913

VI. SPECIAL CONDITIONS

A. Eligible Use of Regional Fund Assets or Subgranted Funds

1) Subgranted Funds may be deployed for projects that meet the chatter and bylaws of the Regional Fund organization and provide nmding for eligible businesses and projects that provide employment opportunities to primarily low and moderate income individuals who live in the State of Michigan or may, as a result of the use of ftmds, receive new employment or remain employed within the State of Michigan as fmther set fmth in the GAM.

Projects shall comply with the GAM. Activities shall also adhere to all CDBG requirements including those imposed by HUD, the MSF, and any other state or federal legal requirements.

2) The Regional Fund may provide loans, loan guarantees, collateral enhancements, purchase loan participations, and deploy funds in any other manner not specifically prohibited herein, in the HCDA, or in federal and state statutes, regulations, rules and policies, but which meet the spirit of the mission of the Regional Fund, namely the support and capitalization of businesses which offer employment opportunities within the Regional Fund's region. It is contemplated Subgranted Funds will be used to mitigate or pmticipate in credit risk.

3) The MSF reserves the right to approve, on behalf of the Regional Fund, any transaction that meets the requirements of the CDBG program, HUD and any and all state and federal laws, rules, regulations and policies, but which are not otherwise prohibited by this Agreement or the GAM.

4) The RFM shall operate the Regional Fund in a way that is consistent with the UGLG's community development plan.

5) The RFM shall operate the Regional Fund in a way that is consistent with the Statement of Assurances attached as Exhibit B.

B. Prohibitions

I) Regional Fund assets may not be used in speculation, but must be tied to specific projects meeting national objectives.

2) Regional Funds may not provide assistance to professional spmts teams.

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3) Regional Funds may not provide assistance with assets to privately-owned recreational facilities that serve a predominately higher-income clientele, where the recreational benefit to users or members clearly outweighs the employment or other benefits to low-and moderate-income persons.

4) Regional Funds may not provide assistance to a bon·ower or project while that business OJ' any other business owned by the same person(s) or entity (ies) is the subject of umesolved findings of non-compliance related to previous CDBG assistance.

5) Regional Fund assets may not be used for the acquisition, construction, or reconstruction of buildings for the general conduct of government as that tenn is defined in 42 U.S.C. §5302(a) (21).

6) Regional Fund assets may not be used for political activities of any kind. 7) Regional Fund assets may not be used to pay for obligations which are general

fund obligations of a local unit of government. 8) Regional Fund assets may not be used to pay for the general promotion of the

community as a whole. 9) Regional Fund assets may not be used for income payments. I 0) Regional Fund assets may not be used to assist directly in the relocation of any

industrial or commercial plant, facility, or operation from one area to another area, if the relocation is likely to result in a significant loss of employment in the labor market area fi·om which the relocation occurs, as provided in 42 U.S.C. §5305(h).

II) Any other activity described in 24 CFR 570.207.

C. Grant Application Manual or Guide ("GAM")

All funds and projects shall be administered in compliance with all applicable Federal, state, and local laws, statutes, rules and regulations, and the GAM, as may be amended and updated fi·om time to time, governing these funds and the CDBG program, and in a manner satisfactmy to the UGLG and the MSF. The GAM contains additional requirements and policies on such matters, including, but not limited to, passive real estate, interest rates, approval of exceptions, loan terms, guarantees and subordination.

D. Recourse

The MSF may, or be directed by HUD to, recapture either Program Income or Grant Funds should such funds have been used for a project which fails to meet or make sufficient progress toward a National Objective or which experiences a failure of compliance with federal or state laws, rules, policies, regulations, or guidance issued within the GAM. The Subrecipient agrees that such a recapture will trigger a default in the underlying agreements associated with the project. The Subrecipient agrees to cooperate in order to facilitate the realization of remedies Jl'om the underlying project. The Subrecipient further agrees that such a recapture which documents a failure associated with activities managed by the Subrecipient under this Agreement shall become the financial obligation of the Subrecipient to the UGLG and the MSF.

E. Troubled Asset Management Plan

The Subrecipient shall adopt and follow a Troubled Asset Management Plan ("TAMP") which shall include the use of forbearance agreements and other legal and financial instruments which are normal and customaty in the course of such activities for

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traditional commercial and non-profit lenders. The TAMP shall be satisfactmy to the UGLG and the MSF and shall incorporate, at a minimum, such elements and obligations as described in the GAM, Revolving Loan Fund chapter under section titled "Troubled Asset Management" which may be updated from time to time.

F. MSF Identified Fraud and Subrecipient Misconduct

If at any time, and under any condition of discovery, the MSF identifies fraud, negligence, willful misconduct, theft, or any other deliberate act which violates or appears to violate any state or federal law, rule, regulation, policy or process to which the Subrecipient must adhere (collectively "Misconduct") the MSF shall act to protect the program, its assets, and the Borrowers and communities which it serves by taking any actions deemed necessaty including, but not limited to, rescinding the designation as a Regional Fund or RFM, withdrawing and/ or recovering capital and income, redirecting the repayment of loan assets, seizing books, records, documents and accounts of Borrowers and of the Subrecipient and any similar or related material it deems necessmy in its sole determination. The MSF may do so with reasonable notice to the Subrecipient.

The MSF, in cooperation with HUD, may evaluate a Corrective Action Plan by a Subrecipient and/or UGLG intended to address a finding of Misconduct as desctibed herein. In evaluating such a plan, the MSF, in cooperation with HUD, shall determine if such proposed Corrective Action Plan is sufficient to remedy the finding and to what extent the Subrecipient or former Subrecipient may be allowed to continue to patiicipate in the program.

VII. GENERAL CONDITIONS

The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Pati 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) including subpatt K of these regulations, except that (I) the Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604; and (2) the Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Pmt 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local statutes, rules, regulations, and the GAM governing the funds provided under this contract. The Subrecipient fmther agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.

A. "Independent Contractor"

Nothing contained in this Agreement is intended to or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an "independent contractor" with respect to the services to be perfmmed under this Agreement. The UGLG shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an independent contractor.

B. Indemnification and Hold Harmless

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To the full extent allowed by law, the Subrecipient shall indemnify, defend and hold hmmless the UGLG and the MSF, including its board members, pmticipants, committee members, officers, agents and employees (the "Indemnified Persons"), from any damages that either may sustain through the negligence or willful misconduct of the Subrecipient pettaining to its performance of the activities set fmth in this Agreement. The Subrecipient shall maintain such insurance as necessary to comply with this provision. The Subrecipient shall maintain such insurance to protect the Indemnified Persons from claims that might arise out of, or as a result of, the Subrecipient's operations; however, the Subrecipient's indemnification obligation shall not be limited to the limits of liability imposed under the Subrecipient's insurance policies. The Subrecipient shall provide and maintain its own general liability and workers' compensation insurance. The insurance shall be written for not less than any limits of liability, if any, required by law for the Subrecipient's obligation to provide indemnification under this Agreement.

C. Workers' Compensation

The Subrecipient shall provide Workers' Compensation Insurance coverage for all of its employees involved in the performance of this Agreement.

D. Insurance & Bonding

The Subrecipient shall cany sufficient insurance coverage to protect contract assets from loss dne to theft, fi·aud and/or undue physical damage and, as a minimum, shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the UGLG. The Subrecipient shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance.

E. UGLG Recognition

The Subrecipient shall insure recognition of the role of the UGLG in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the suppmt provided herein in all publications made possible with funds made available under this Agreement.

F. Amendments

With the written consent of the MSF, the UGLG or Subrecipient may amend this Agreement at any time, provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the UGLG's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the UGLG or Subrecipient from its obligations under this Agreement.

The UGLG may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the

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funding, the scope of services, or schedule of the activities to be undertaken as patt of this Agreement, such modifications will be incorporated only by written amendment signed by both UGLG and Subrecipient. Such amendments require the express written consent of the MSF.

The GAM may be revised and amended during the term of this Agreement. Updated versions of the GAM shall be posted and shall be applicable to this Agreement upon their posted effective date.

G. Suspension or Termination

In accordance with 24 CFR 85.43, the UGLG (with the concunence of the MSF) may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following:

I) Failure to comply with any of the rules, regulations or provisions referred to herein, OJ' such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time;

2) Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement;

3) Ineffective or improper use of funds provided under this Agreement; m· 4) Submission by the Subrecipient to the UGLG repmts that are incorrect or

incomplete in any material respect.

In accordance with 24 CFR 85 .44, this Agreement may also be terminated for convenience by either the UGLG or the Subrecipient, in whole or in part, by setting fmth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a pmtial termination, the UGLG determines that the remaining pmtion of the award will not accomplish the purpose for which the award was made, the UGLG may terminate the award in its entirety. All Subrecipient awards shall contain language providing for their te1mination in the event the UGLG determines the award will no longer accomplish the purpose for which it was approved and for the assignment of any loans to the UGLG in the event the UGLG suspends or terminates this Agreement as set fmth above.

In either event, the Subrecipient shall be provided sixty ( 60) days' written notice of the suspension or termination and the specific rationale for the action.

H. Default, Suspension, and Repayment Provisions

I) Events of Default

Notwithstanding anything to the contrmy, the Subrecipient's ability and authority to manage the Regional Fund shall automatically be suspended, and may be terminated as provided by this Agreement, upon the occunence, and during the continuance, of an Event of Default or as otherwise specified in this Agreement. The occurrence of any one or more of the following events or conditions shall constitute an "Event of Default" under this Agreement, unless a written waiver of the Event of Default is signed by the MSF Fund Manager:

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a. any representation made by the Subrecipient shall prove incorrect at the time that such representation was made in any material respect, including, but not limited to, any information provided to the MSF;

b. any material breach by the Subrecipient of an obligation of the Subrecipient under this Agreement, including failure to submit reports when due, or failure to maintain the required documents, which is not cured by the Fund Manager to the satisfaction of the MSF Fund Manager within the Cure Period;

c. the Subrecipient is in default, violation, breach, or non­compliance, of any kind or nature under any agreement or requirement, including submission of repmis, with the MSF or MEDC, or for any depmiment or agency within the State, including, without limitation, the Department of Licensing and Regulatory Affairs, the Depmiment of Environmental Quality, the Department of Treasmy, the MSF, the Michigan Economic Growth Authority (or any successors or assigns to any of the foregoing), which is not cured by the Subrecipient to the satisfaction of the MSF Fund Manager within the Cure Period;

d. any voluntary bankruptcy or insolvency proceedings are commenced by the Subrecipient;

e. any involuntaty bankruptcy or insolvency proceedings are commenced against the Subrecipient, which proceedings are not set aside within sixty (60) calendar days from the date of institution thereof;

f. the Subrecipient's failure to comply with any provision of this Agreement;

g. Misconduct, as defined herein; h. failure of the Subrecipient to adequately adve1iise and market the

Regional Fund and/or the failure of the Regional Fund to have sufficient lom1 or commercial credit activity to comply with the continuing activity definition adopted by the MSF for the CDBG revolving loan fhnds; and

i. any dissolution of the Subrecipient.

2) Available Remedies

Upon the occurrence of any one or more of the Events of Default (after the expiration of any applicable Cure Periods without the required cure), in addition to the automatic suspension of the Subrecipient's ability and authority to manage the Regional Fund, the MSF may terminate this Agreement, and the Subrecipient's ability and authority to manage the Regional Fund, all at the option of the MSF. The suspension or termination the Subrecipient's ability and authority to manage the Regional Fund o1· of this Agreement are not intended to be the sole and exclusive remedy available to the MSF, and each remedy shall be cumulative, and in addition to eve1y other provision or remedy given herein or now or hereafter existing at law, in equity, by statute or otherwise. The Subrecipient shall also pay all costs and expenses, including, without limitation, reasonable attorney's fees and expenses incurred by the MSF in collecting any

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sums due the MSF under this Agreement, in enforcing any of its rights under this Agreement, or in exercising any remedies available to the MSF.

"Cure Period" shall mean within thiity (30) business days after written notice by the MSF Fund Manager, or within such longer period of time as determined in writing and at the sole discretion of the MSF Fund Manager.

This Paragraph shall survive the end of the Term of the Agreement for a period of three (3) years.

3) Recourse

Upon the occurrence of any one or more of the Events of Default (after the expii·ation of any applicable Cure Periods without the required cure), the MSF may recapture Regional Funds used for a project which does not comply with federal or state laws, rules, policies, regulations, or guidance issued within the GAM ("Recapture"). The Subrecipient agrees that such a recapture will trigger a default in the underlying agreements associated with the project. The Subrecipient agrees to cooperate in order to facilitate the realization of remedies from the underlying project, including, if necessary, the assignment to the MSF of all interest in any Regional Fund agreements and any Regional Funds. The Subrecipient further agrees that in the event of any Recapture under this Agreement, any deficiency in the Regional Funds shall become the financial obligation of the Subrecipient to the MSF.

VIII. AD.MINISTRATIVE REQUIREMENTS

A. Financial Management

1) Accounting Standards: The Subrecipient agrees to comply with 24 CFR 84.21-28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate intemal controls, and maintain necessary source documentation for all costs incurred.

2) Cost Principles: The Subrecipient shall administer its program in conformance with OMB Circulars A-122, "Cost Principles for Non­Profit Organizations," or A-21, "Cost Principles for Educational Institutions," as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.

B. Documentation and Record Keeping

1) Records to be Maintained: The Subrecipient shall maintain and provide to the UGLG all records required by the Federal regulations specified in 24 CFR 570.506 that are pe1tinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:

a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one

of the National Objectives of the CDBG program;

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c. Records required to detetmine the eligibility of activities; d. Records required to document the acquisition, improvement, use

or disposition of real property acquired or improved with CDBG assistance;

e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;

f. Financial records as required by 24 CFR 570.502, and 24 CFR 84.21-28; and

g. Other records necessmy to document compliance with Subpmt K of24 CFR Part 570.

2) Access to Records: The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all infmmation and repmts required hereunder and will permit access to its books, records and accounts by the UGLG, MSF or its agent, or other authorized state and Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein.

3) Retention: Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pettinent to the Agreement for a period of four ( 4) years. The retention period begins on the date of the submission of the UGLG's annual performance and evaluation report to MSF in which the activities assisted under the Agreement are repmted on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-yem· period, whichever occurs later.

4) Client Data: The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level ot· other basis for determining eligibility, and description of service provided. Such information shall be made available to UGLG monitors, or their designees, for review upon request.

5) Disclosure: The Subrecipient understands that client infmmation collected under this contract is private, and the use or disclosure of such infonnation, when not directly connected with the administration of the UGLG's or Subrecipient's responsibilities with respect to services provided under this contract, may be prohibited by applicable Michigan or Federal law, unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/gum·dian.

6) Close-outs: The Subrecipient's obligation to the UGLG shall not end until all close-out requirements of the Agreement are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances,

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program income balances, and accounts receivable to the UGLG), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income.

7) Audits & Inspections: All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the UGLG, grantor agency, and the Comptroller General of the United States, or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 (thirty) days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current UGLG policy conceming Subrecipient audits and OMB Circular A-133

C. Reporting and Payment Procedures

1) Program Income: The Subrecipient shall report quarterly all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this contract. The use of program income by the Subrecipient shall comply with the requirements set fmth at 24 CFR 570.504. By way of finther limitations, the Subrecipient may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balance on hand. Any interest earned on cash advances from the U.S. Treasury and from fimds held in a revolving fund account is not program income and shall be remitted promptly to the UGLG or MSF.

2) Progress Reports: The Subrecipient shall submit regular Qumterly Progress Repmts to the UGLG in the form, content, and frequency as required by the UGLG.

D. Procurement

1) Compliance: The Subrecipient shall comply with current UGLG policy concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with ftmds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the UGLG upon tennination of this Agreement.

2) OMB Standards: Unless specified otherwise within this Agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of24 CFR 84.40-48.

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E. Use and Reversion of Assets

The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 24 CFR Patt 84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include, but are not limited to, the following:

1) The Subrecipient shall transfer to the MSF or the UGLG, as directed by the MSF, any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination of this Agreement.

2) Real property under the Subrecipient's control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one (I) of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of this Agreement. If the Subrecipient fails to use CDBG­assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the UGLG an amount equal to the current fair market value of the prope1ty, less any pmtion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the prope1ty. Such payment shall constitute program income to the UGLG. The Subrecipient may retain real prope1ty acquired or improved under this Agreement after the expiration of the five-year period.

3) In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transfened to the UGLG for the CDBG program; or (b) retained after compensating the UGLG [an amount equal to the current fair market value of the equipment, less the percentage of non-CDBG funds used to acquire the equipment].

IX. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING REPLACEMENT

The Subrecipient agrees to comply with (a) the Unifmm Relocation Assistance and Real Prope1ty Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Pmt 24 and 24 CFR 570.606(b); (b) the requirements of 24 CFR 570.606(c) goveming the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the requirements in 24 CFR 570.606(d) goveming optional relocation policies The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. The Subrecipient also agrees to comply with applicable UGLG ordinances, resolutions and policies conceming the displacement of persons from their residences.

X. PERSONNEL & PARTICIPANT CONDITIONS

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A. Civil Rights

1) Compliance: The Subrecipient agrees to comply with the Michigan Persons with Disabilities Civil Rights Act, MCL 37.1101 et seq. and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 1 04(b) and Section I 09 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 197 5, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086.

2) Nondiscrimination: The Subrecipient agrees to comply with the non­discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section I 09 of the HCDA are still applicable.

3) Land Covenants: This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the UGLG and the MSF are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to cany out the program assisted hereunder, agrees to take such measures as are necessaty to enforce such covenant, and will not itself so discriminate.

4) Section 504: The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The UGLG shall provide the Subrecipient with any guidelines necessmy for compliance with that pmtion of the regulations in force during the term of this Agreement.

B. Affirmative Action

I) Approved Plan: The Subrecipient agrees that it shall be committed to cany out pursuant to the UGLG's specifications an Affitmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966.

2) Women- and Minority-Owned Businesses (W/MBE): The Subrecipient will use its best effmts to afford small businesses, minority business enterprises, and women's business enterprises the maximum

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practicable oppmtunity to pmticipate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set fmth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish­speaking, Spanish surnamed or Spanish-heritage Americans, Asian­Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.

3) Notifications: The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4) Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement: The Subrecipient will, in all solicitations or advettisements for employees placed by or on behalf of the Subrecipient; state that it is an Equal Opportunity or Affirmative Action employer.

5) Subcontract Provisions: The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that sttch provisions will be binding upon each of its own subrecipients or subcontractors.

C. Employment Restrictions

1) Prohibited Activity: The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities.

2) Labor Standards: The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis­Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pettaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Depa1tment of Labor at 29 CFR Pmt 5. The Subrecipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the UGLG for review upon request.

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The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in pmt with assistance provided under this contract, shall comply with Federal requirements adopted by the UGLG pe1taining to such contracts and with the applicable requirements of the regulations of the Depmtment of Labor, under 29 CFR Pmts l, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inse1ted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph.

3) "Section 3" Clause:

a. Compliance

Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set fmth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the UGLG, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors. Failure to fulfill these requirements shall subject the UGLG, the Subrecipient and any of the Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Subrecipient ce1tifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements.

The Subrecipient fmther agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701 ). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and ve1y low-income persons residing in the community area in which the project is located."

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The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the community area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income patticipants in other HUD programs; and award contracts for work undettaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the community area in which the CDBG-funded project is located; where feasible, priority should be given to business concems that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs.

The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements.

b. Notifications

The Subrecipient agrees to send to each labor organization or bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.

c. Subcontracts

The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a fmding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 13 5 and will not let any subcontract, unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.

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D. Conduct

1) Assignability: The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the UGLG and the MSF thereto; provided, however, that claims for money due or to become due to the Subrecipient from the UGLG under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the UGLG. All te1ms and conditions of this Agreement shall apply to any approved assignment related to the Agreement.

2) Subcontracts:

a. Approvals

The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the UGLG prior to the execution of such agreement.

b. Monitoring

The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written repmts and supported with documented evidence of follow-up actions taken to correct areas of noncompliance.

c. Content

The Subrecipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement.

d. Selection Process

The Subrecipient shall undertake to insure that all subcontracts let in the pe1formance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the UGLG along with documentation concerning the selection process.

3) Hatch Act: The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way, or to any extent, engaged in the conduct of political activities in violation of Chapter 15 ofTitle V of the U.S.C.

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4) Conflict of Interest: The Subrecipient agrees to abide by the provisions of24 CFR 84.42 and 570.611, which include (but are not limited to) the following:

a. The Subrecipient shall maintain a written code of standards of conduct that shall govem the pe1formance of its officers, employees or agents engaged in the award and administration of contracts suppmted by Federal funds.

b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.

c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision­making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a frnancial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (I) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the UGLG, the Subrecipient, or any designated public agency.

5) Lobbying: The Subrecipient hereby certifies that:

a. No Federal appropriated funds have been paid ,or will be paid, by or on behalf of it, 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;

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 Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Fmm-LLL, "Disclosure Form to Repmt Lobbying," in accordance with its instructions; and

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c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall celiify and disclose accordingly:

d. Lobbying Certification: This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this cettification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. C. Any person who fails to file the required cettification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

6) Copyright: If this contract results in any copyrightable material or inventions, the UGLG and/or grantor agency reserves the right to royalty-fi·ee, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes.

7) Religious Activities: The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious acttvttles prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization.

XI. ENVIRONMENTAL CONDITIONS

A. Air and Water

The Subrecipient agrees to comply with the following requirements insofar as they apply to the perfmmance of this Agreement:

1. Clean Air Act, 42 U.S.C. , 7401, et seq.; 2. Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as

amended, 1318 relating to inspection, monitoring, entty, repmts, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder;

3. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended.

B. Flood Disaster Protection

In accordance with the requirements of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation).

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C. Lead-Based Paint

The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Patt 35, Subpatt B. Such regulations pettain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead­based paint is found on the propetty, abatement measures may be undettaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted.

D. Historic Preservation

The Subrecipient agrees to comply with the Historic Preservation requirements set fmth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set fotth in 36 CFR Patt 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Propetties, insofar as they apply to the perfotmance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic propetties that are fifty years old or older or that are included on a Federal, state, or local historic property list.

XII. SEVERABILITY

If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevettheless be in full force and effect.

XIII. SECTION HEADINGS AND SUBHEADINGS

The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

XIV. WAIVER

The UGLG's (or the MSF's) failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the UGLG (or the MSF) to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.

XV. ENTIRE AGREEMENT

Except as expressly referenced and incorporated, this Agreement constitutes the entire agreement between the UGLG and the Subrecipient for the use of funds received under this Agreement, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the UGLG and the Subrecipient with respect to this Agreement.

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IN WITNESS WHEREOF, the Parties have executed this contract as of the date fn·st written above.

[UGLG]

By __ ~~~--~~--~--~~~~ Kenneth Mahoney, Chairman, County Board of Commissioners Date: August 27, 2013

[Subrecipient]

By __________________________ __

Date:

ACKNOWLEDGED AND APPROVED:

MICHIGAN STRATEGIC FUND

MSF Fund Manager Date:

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EXHIDITA

UGLG Authorization Resolution Requirements (shall contain the following elements and be provided to the MSF)

Statement that the Regional Fund will operate in a way that is consistent with the UGLG's community development plan.

That the UGLG agrees to assume all of the responsibilities for environmental review, decision making and action as specified and required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321) and Section 104 (f) of Title I of the Housing and Community Development Act and implementing regulations 24 CFR Part 58.

Identification, by position/title, of the individual authorized to sign Regional Fund related documents on behalf of the UGLG, including the Subrecipient Agreement and Statement of Assurances.

Identification, by position/title, of the individual authorized to represent and vote on behalf of the UGLG as a member of the Regional Fund Loan Approval Committee.

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EXHIBITB

Statement of Assurances (To be ce1tified by the authorized Unit of General Local Govermnent Representative)

The (Enter the Name of the Unit of General Local Govemment of Record) (UGLG) hereby affnms and ce1tifies that it has complied and shall comply with Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301), and related statutes and implementing rules, regulations, and guidelines applicable to projects financed under the Michigan Community Development Block Grant program. Specific ce1tifications include but are not limited to the following:

1. The UGLG shall in a timely manner for each proposed project:

a. furnish its citizens the proposed application and information conceming the amount of funds available and being applied for, and the proposed community development and housing activities to be unde1taken, including the estimated amount proposed to be used for activities that will benefit persons of low and moderate income and the plans for minimizing displacement of persons as a result of proposed activities and for assisting persons actually displaced;

b. publish a public notice (a copy of which is attached) in such manner to afford citizens an oppmtunity to examine and submit comments on the proposed application and community development and housing activities; and

c. hold one or more public hearings to obtain the views of citizens on the proposed application and community development and housing needs.

2. The UGLG shall conduct and administer the RLF in conformity with Public Law 88-352 and Public Law 90-284, and will affinnatively further fair housing;

3. The UGLG shall assure projects give maximum feasible priority to activities which will benefit low and moderate income families or aid to the prevention or elimination of slum or blight;

4. The UGLG has developed a community development plan that identifies community development and housing needs and specifies both short and long term community development objectives that have been developed in accordance with the primary objective and requirements of the Title I Housing and Community Development Act of 1974, as amended;

5. The UGLG will not attempt to recover any capital costs of public improvements assisted in whole or in pmt with Title I funds by assessing any amount against prope1ties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless (a) Title I funds are used to pay the proportion of such fee or assessment that related to capital costs of such public improvement that are financed from revenue sources other than Title I funds; or (b) for purposes of assessing any amounts against prope1ties owned and occupied by persons of low and moderate income who are not persons of very low income, and (name of local unit) ce1tifies that it lacks sufficient Title I funds to comply with the requirements of clause (a);

6. The UGLG shall adopt a policy of prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and enforcing applicable State and local laws against physically ban·ing entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within its jurisdictions;

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7. The UGLG shall assure that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned 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.

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 a federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;

8. The UGLG shall comply with financial management guidelines in 24 CFR Patt 85, Administrative Requirements for Grants to State and Local Governments, and U.S. Office of Management and Budget Circular No. A-87, Cost Principles for State and Local Govemments;

9. The UGLG shall comply with Civil Rights and Equal Opportunity statutes as set forth in Title I of the Civil Rights Act of 1964 (Public Law 88-352), Title Vlll of the Civil Rights Act of 1968 (Public Law 90-284), the Michigan Civil Rights Act 453 of 1976, the Michigan Fair Employment Practices Act (MCL 423,301-423, 311), related statues and implementing mles and regulations;

10. The UGLG shall comply with Labor Standards statutes as set fmth in the Davis-Bacon Fair Labor Standards Act ( 40 U.S.C. 276a-276a-5), related statutes and implementing rules and regulations;

11. The UGLG shall comply with Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4831);

12. The UGLG shall comply with the Unifonn Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4630) and implementing regulations;

13. The UGLG shall comply with OMB Circular No. A-133, Audits of States, Local Governments and Non-Profit Organizations and implementing rules and regulations;

14. The UGLG shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, and implementing rules and regulations 24 CFR Patt 8; and

15. The UGLG shall provide authorized state officials and representatives with access to all books, accounts, records, repmts, files, and other papers, things, or pro petty pettaining to the project in order to make audits, examinations, excerpts and transcripts; each contract or subcontract also shall provide for such success to relevant data and records pertaining to the development and implementation of the project.

Signature and Title of Authorized UGLG Official Date

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RESOLUTION

WHEREAS, the Michigan Strategic Fund in response to concerns by the Department of Housing and Urban Development regarding the low utilization rate and non-revolving nature of local businesses Revolving Loan funds established regional loan funds to manage local community revolving loan funds; and

WHEREAS, the County of Muskegon adopted a resolution on March 22, 2012 endorsing the Capital Fund Services as the entity to administer the Regional Revolving Loan Fund for Region IV; and

WHEREAS, the Regional Fund will operate in a way that is consistent with the County of Muskegon's Housing Consolidated Plan, 2011- 2016;

WHEREAS, the County of Muskegon agrees to assume all of the responsibilities for environmental review, decision making and action as specified and required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321) and Section 104 (f) of Title I of the Housing and Community Development Act and implementing regulations 24 CFR Part 58 for its projects financed through the Regional Revolvoing Loan Fund; and

WHEREAS, the Chairman of the County Board of Commissioners is authorized to sign the Regional Fund related documents on behalf of the County of Muskegon including

the Sub-Recipient Agreement and Statement of Assurances; and

WHEREAS, the Chairman of the County Board of Commissioners is authorized to represent and vote on behalf of the County of Muskegon as a member of the Regional Fund Approval Committee;

NOW THEREFORE BE IT RESOLVED, that the County of Muskegon Board of Commissioners is authorizing the Chairman of the County Board of Commissioners to execute the Agreement between the County of Muskegon and the Capital Services Fund, Inc. to manage the Regional Revolving Loan Fund.

Kenneth Mahoney, Chairman, Muskegon County Board of Commissioners

Date

REQUEST FOR BOARD CONSIDERATION-COUNTY OF MUSKEGON COMMITTEE

and Means Committee

REQUESTING DEPARTMENT

Administration

BUDGETED X

COMMITTEE DATE

August 20, 2013

NON-BUDGETED PARTIALLY BUDGETED

REQUESTOR SIGNATURE

Judith Kell

SUMMARY OF REQUEST (GENERAL DESCRIPTION, FINANCING, OTHER OPERATIONAL IMPACT, POSSIBLE ALTERNATIVES)

Approval is being requested to apply for $300.000 for two years from the Michigan State Housing Development Authority under the Community Development Block Grant for the allocation for non-entitlement counties. The funds would be used to rehabilitate homes and provide emergency repairs for income eligible participants in the cities of Montague and Roosevelt Park and pay for administrative expenses to manage tim program. Approximately. 8 homes would be repaired and 6 homes would qualify for eme1·gency repairs such as furnace or well repairs. The County of Muskegon holds a second mortgage for the amount of repairs which is repaid when the house is sold. Any proceeds from the repayment of a second mortgage is program inwme and can be used for additional home repairs. If there is program income. there will be an increase in the number of houses rehabilitated. There are 20 homeowners on the waiting list for the new allocation of funds from these two muniGipalities.

We are also requesting that the County Board Chairman be designated as the Certifying Officer lor the County of Muskegon as the responsible entity lor the Community Development Block Grant Homeowner Rehabilitation Program. The Certifying Officer is responsible for all environmental review requirements. The Chairman of the Board of Commissioners has been authorized in the past to act as the Certifying Officer for several housing grant projects administered by the County of Muskegon. Approval is being requested to authorize the Chairman of the County Board of Commissioners to sign the Fair Housing Resolution. Another requirement lor the submission of the application is the passage of a Fair Housing Resolution and the signed resolution must be attached as part of the application package. The Equal Employment Opportunity Officer reviewed the Resolution and indicated that it is consistent with other County of Muskegon poliGies related to equal opportunity lor the citizens of Muskegon County. This Fair Housing Resolution was adopted by the Board of Commissioners in May. 2011 for the current grant cycle but needs to be adopted again for the new grant. Finally. we are requesting approval to hold a public hearing on the grant application. the Housing Consolidated Plan and the Policies and Procedures lor the COBG Program at the September 10, 2013 County Board of Commissioners meeting. This is also a requirement for the grant application. Additional public hearings will be held at the end of the environmental review process and when the grant is dosed.

There is no match. However. the County of Muskegon must attempt to leverage other funds such as weatherization funds. Rural and OHS homes in for funds used fur

SUGGESTED MOTION (STATE EXACTLY AS IT SHOULD APPEAR IN THE MINUTES)

I move to authorize the staff to apply for CDBG funds in the amount of $300,000 with no match and hold a public hearing on September 10, 2013. I further authorize the Chairman of the County Board of Commissioners to sign the Fair Housing Resolution and act as the Certifying Officer for the County of Muskegon.

ADMINISTRATIVE ANALYSIS (AS APPLICABLE)

HUMAN RESOURCES ANALYSIS:

CORPORATE COUNSEL ANALYSIS:

PAGE NO.

Revised 7/30/13

CERTIFYING OFFICER DESIGNATION

Designation:

Kenneth Mahoney, Chairman of the Muskegon County Board of Commissioners, of the County of Muskegon is the Certifying Officer as defined in 24 CFR Sec. 58.13 for the Environmental Review requirements of MSHDA CDBG funds, Grant Number: MSC-2011-0787-HOA.

Date:

Designated by:

Aclmowledgement:

August 27, 2013

The Muskegon County Board of Commissioners at the August 27, 2013 meeting

Nancy A. Waters, County Clerk

I, Kenneth Mahoney, Chairman of the County Board of Commissioners, accept the responsibilities of the Certifying Officer for the County of Muskegon as defined in 24 CFR 58.13. I consent to assume the status of "responsible Federal Official" as that term is used in Section 102 of the National Environmental Policy Act of 1969 and understand that I am responsible for all of the requirements of Section 102 of NEPA and the related provisions in 40 CFR parts 1500 through 1508 and 24 CFR part 58, including the related Federal authorities listed in Section 58.5 insofar as the provisions of these laws apply to the HUD responsibilities for environmental review, decision-making and action that have been assumed by the responsible entity.

On behalf of the recipient, I personally accept the jurisdiction of the Federal courts for enforcement of all these responsibilities, in my capacity as Certifying Officer of the responsible entity.

Certifying Officer Signature: _____ --c _______ _

Kenneth Mahoney, Chairman

Date: ____ _

Muskegon County Board of Commissioners

FAIR HOUSING RESOLUTION

WHEREAS, under the Federal Fair Housing Law, Title VIII of the Civil Rights Act of 1968, it is illegal to deny housing to any person because of race, color, religion, gender, physical or mental disabilities or national origin; and

WHEREAS, under the Michigan Elliott-Larsen Civil Rights Act, PA 453 of 1976, as amended, it

is illegal to deny the opportunity to obtain housing to any person because of religion, race, color, national origin, age, sex, height, weight, familial status, or marital status.

LET IT BE I<NOWN TO ALL PERSONS that it is the policy of the County of Muskegon to implement programs to ensure equal opportunity in housing for all persons regardless of religion, race, color, national origin, age, sex, height, familial status or marital status. Therefore the County of Muskegon does hereby pass the following Resolution:

BE IT RESOLVED THAT the County of Muskegon shall not discriminate in the sale, rental, leasing, or financing of housing because of religion, race, color, national origin, age, sex, height, weight, familial status, or marital status.

The County of Muskegon will assist all persons how feel that they have been discriminated against because of religion, race, color, national origin, age, sex, height, familial status or marital status to seek equity under federal and state laws by providing information to said persons on how to file a complaint with the Michigan Department of Civil Rights.

The County of Muskegon will at a minimum post this policy or Fair Housing poster or other posters, flyers or other information which will bring to the attention of owners of real estate, developers and builders their respective responsibilities and rights under the Federal Fair Housing Law and the Michigan Elliott Larsen Act.

This Resolution shall take effect as of the date listed below.

Kenneth Mahoney, Chairman Muskegon County Board of Commissioners August 27, 2013

REQUEST FOR BOARD CONSIDERATION-COUNTY OF MUSKEGON COMMITTEE

and Means Committee

REQUESTING DEPARTMENT

Administration

BUDGETED X

COMMITTEE DATE

August 20, 2013

NON-BUDGETED PARTIALLY BUDGETED

REQUESTOR SIGNATURE

Judith Kell

SUMMARY OF REQUEST (GENERAL DESCRIPTION, FINANCING, OTHER OPERATIONAL IMPACT, POSSIBLE ALTERNATIVES)

Approval is being requested to issue Requests for Proposals for treatment services for Sobriety Court. The Request for Proposal process is required due to the budgeted amount for treatment services and to meet not only the County of Muskegon procurement polices but that of the funding agencies as well.

SUGGESTED MOTION (STATE EXACTLY AS IT SHOULD APPEAR IN THE MINUTES)

I move to authorize staff to seek Requests for Proposals for treatment services for Sobriety Court.

ADMINISTRATIVE ANALYSIS (AS APPLICABLE)

HUMAN RESOURCES ANALYSIS:

CORPORATE COUNSEL ANALYSIS:

Revised 8/8/13

REQUEST FOR BOARD CONSIDERATION-COUNTY OF MUSKEGON COMMITIEE Ways & Means

REQUESTING DEPARTMENT

Sheriff's Office

BUDGETED X

COMMITIEE DATE

8/20/13

NON-BUDGETED PARTIALLY BUDGETED

REQUESTOR SIGNATURE

Dean Roesler

SUMMARY OF REQUEST (GENERAL DESCRIPTION, FINANCING, OTHER OPERATIONAL IMPACT, POSSIBLE ALTERNATIVES)

The Sheriff is requesting permission to apply for the grant from the State of Michigan, Office of Highway Safety Planning, for the renewal of the annual Secondary Road Patrol grant in the amount of $220,108.00. Muskegon County's FY14 allocation from the State is $147,870.00 and the County's General Fund portion is $72,238.00. The grant period is October 1, 2013- September 30, 2014.

SUGGESTED MOTION (STATE EXACTLY AS IT SHOULD APPEAR IN THE MINUTES)

Move to approve the Sheriff's Office to apply for the fiscal year 2014 Secondary Road Patrol grant from the Office of Highway Safety Planning.

ADMINISTRATIVE ANALYSIS (AS APPLICABLE)

HUMAN RESOURCES ANALYSIS: FINANCE & MANAGEMENT ANALYSIS: j /4"-j~~

CORPORATE COUNSEL ANALYSIS:

Revised 8/8/13

REQUEST FOR BOARD CONSIDERATION-COUNTY OF MUSKEGON COMMITTEE

and Means

REQUESTING DEPARTMENT

Human Resources

BUDGETED

COMMITTEE DATE

August 20, 2013

NON-BUDGETED PARTIALLY BUDGETED

REQUESTOR SIGNATURE

D. Groeneveld

SUMMARY OF REQUEST (GENERAL DESCRIPTION, FINANCING, OTHER OPERATIONAL IMPACT, POSSIBLE ALTERNATIVES)

The City of Muskegon Commission and the Civil Service Commission at their meeting on August 8, 2013 approved a motion to enter into a one (1) year contract with the County of Muskegon to provide the Human Resources function for the City. The County Human Resources Department will provide a variety of services as recruitment, testing, records retention, new hire processing, class and pay administration, FMLA administration, unemployment responses and some specific labor and benefit administration. The City of Muskegon will pay to the County the amount of $75,000 for these Human Resources Services.

SUGGESTED MOTION (STATE EXACTLY AS IT SHOULD APPEAR IN THE MINUTES)

Move to approve a contract with the City of Muskegon for the Muskegon County Human Resources Department to provide the Human Resources function for the City of Muskegon in the amount of $75,000 for a period of one (1) year and authorize the Board Chair and County Clerk to sign the contract.

ADMINISTRATIVE ANALYSIS (AS APPLICABLE)

HUMAN RESOURCES ANALYSIS:

Recommend Approval D. Groeneveld

CORPORATE COUNSEL ANALYSIS: ADMINISTRATOR RECOMMENDATION:

~!fot1-

Revised 8/14/13

AGREEMENT BETWEEN THE CITY OF MUSI\EGON AND THE

MUSI<EGON COUNTY BOARD OF COMMISSIONERS

THIS AGREEMENT, entered into as of the 1st of July, 2013, between the City of Muskegon, a municipal corporation, by its City Commission, {"City"), the City of Muskegon Civil Service Commission ("CSC"), and the County of Muskegon, by Its Board of Commissioners, ("County"), is as follows:

PURPOSE

The_ purpose Qf this Agreement is to provide for human resources si)rvices .JQ_ be administered by the County Human Resources Department ("Human Resources Department"), which will provide a wide range of Human Resources services which will be described in detail in the following agreement.

I. RELA TJONSHIP OF THE PARTIES - The County Department of Human Resources Department and Deborah Groeneveld shall perform all of the services under this Agreement as an Independent Contractor and not as an employee ·of the City of Muskegon. This Agi·eement doe-s no! create a partnership, joint venture, or any other relationship.

II. TERM· The agreement shall commence July 1, 2013 and terminate June 30, 2014, provided that either party may terminate the AgtBement with six (6) months notice. The notice shall be sent by certified mail to the County Human Resources Director and the Chair of the CSC if terminated by the City. The notice shall be sent by certified mail to the City Manager and the Chair of the CSC if terminated by the County. The notice shall be sent by certified mail to the County Human Resources Director and the City Manager if the CSC terminates the appointment of Deborah Groeneveld as Personnel Director or terminates the Agreement. Ill. SCOPE OF SERVICE FOR THE CITY - The Human Resources Depat1ment will provide recruitment, advertising, pre-employment physicals and orientation services for new city employees under the guidelines of the City of Muskegon Charter, Civil Service Rules and Regulations, and appropriate collective bargaining agreements. The Human Resources Department will also provide class and pay administration, benefit administration and maintain a complete set of personnel records for the City. The County will also assist City departments with the Employee Assistance Program (EAP), COL drug testing, and unemployment. The County will also assist City departments and the esc with disciplines, layoffs, recalls, and terminations.

IV. SCOPE OF SERVICE FOR THE CSC - The Human Relations Department will provide recommendations to the esc as to rules relating to the examination and selection process in the classified service of the City. The Human Resources Department will provide assistance to the esc in classifying positions, enforcing the administration of the Civil Service Rules, holding examinations for the filling of positions in the classified service, preparing and maintaining an eligibility list of persons passing examinations for positions, and certifying names of person to appointing officers for appointment to a classified position. The Human Resources Department will provide assistance to the CSC In the processing of requests for a leave of absence, temporary appointments, layoffs and recall of personnel, appeals of employees to the esc relating to a discharge, reduction in rank or compensation, pursuant to the City Charter and Civil Service Rules, as modified by any applicable collective bargaining agreement.

Z:\civil service contract with county 71213.doc 51)

V. COUNTY HUMAN RESOURCES DEPARTMENT OBLIGATIONS· The County agrees to pe1form the services and provide the materials set forth herein:

A. QUALIFIED STAFF - All County employees engaged in the performance of this Agreement shall be professional in manner and appearance and be trained in Human Resources Administration policies and procedures. The County Human Resources Director shall be responsible to ensure all duties are pe1formed adequately.

B. EQUIPMENT AND SUPPLIES- The County will provide all equipment and supplies needed for the routine performance of its duties without additional expenses, except as othelwise set forth herein~

C. MANUALS - The current City of Muskegon Civil Service Charter and collective bargaining __ agreements_shall. baJhe documents folloWed __ fo1._all .. recruitment activities. - All-other-manuals----- -­

needed to perform all functions will be provided by the County. (ex: ADA, Fair Labor Standards, FMLA Manuals). ·

D. PERSONNEL RECORDS - The County will maintain the master personnel files in the Muskegon County Human Resources Department. The personnel files shall be the property of the City.

E. PUBLIC RELATIONS - Good public relations are vital to the success of the Human Resources administration program. During the terms of this Agreement, County employees shall endeavor to promote understanding and amicable relations with City Departments and members of the public.

F. RECRUITMENT AND CERTIFICATION OF APPLICANTS - The County at the direction of the City and/or esc shall advertise and compile applications for job openings. Qualified applicants will be tested and certified for employment selection. The City shall be responsible for any costs incurred for any testing material designated by the City and/or esc. The City shall also be responsible for any advertising costs incurred over five hundred ($500) dollars per agreement year.

G. PHYSICALS AND ORIENTATIONS - The County shall direct selected applicants through the physical and orientation process prior to starting employment. Selected applicants will be given orientations on employment procedures, policies and benefits at the direction of the City. The City shalt be responsible for any costs incurred for the physical, back screen and drug test of selected applicants.

H. CLASS AND PAY ADMINISTRATION- County staff will maintain, modify or develop at the direction of the City class specifications for classes of work at the City.

I. BENEFIT ADMINISTRATION - The County shall provide assistance to the City andfor CSC with issues pertaining to FMLA (Family Medical Leave Act), Ul (Unemployment Insurance), and the City's EAP (Employee Assistance Program). The City shall designate and provide the legal services for any contested unemployment proceeding filed during the existence of this agreement. Any counsel retained to handle a proceeding shall work under the direction of the

7.:\civilservic-c contmct with county 71213,doo 2 51

Human Resources Director. The City shall be responsible for any costs incurred for unemployment claims and the City EAP program.

J. COMPUTERIZED INFORMATION TECHNOLOGY -The County will provide staff, equipment, and software to maintain electronic records of recruitment activities using an applicant tracking system (SIGMA/NEOGOV) and testing software (OPAC), and human resources forms processing for current employees.

K. LABOR RELATIONS RELATED ISSUES -The County will provide services to the City and/or esc on issues of discipline, layoff, recall and termination hearings. The City shall designate and provide the legal services for any labor relateg issue during Jhe exislence oUhis

---agreement. Any counsel retained to handle a proceeding shall work under the direction of the Human Resources Director.

C . Ri:CORDS MAINTENANCE ANDACCESS - The County agrees to maintain personnel records with the most current information the Municipality makes available.

1. All changes of employee status, wages, trainings and certifications will be kept in the personnel file of the employee.

2. City staff and esc Commissioners will be afforded access to personnel files per a policy or procedure designated by the City and CSC.

3. Personnel files are to be maintained at the County Human Resources Department during the term of this agreement, unless mutually agreed that these records may be maintained at another location.

VI. CITY AND CSC OBLIGATIONS • The City and CSC shall undertake the following:

A. CSC FILES AND RECORDS - The CSC shall provide Chapter XV of the City of Muskegon Charter, current Civil Service Rules, policies and procedures, personnel records, recruitment procedures, and all other documents maintained by the City of Muskegon Personnel Director to the Human Relations Department.

B. CITY FILES AND RECORDS - The City shall provide policies and procedures concerning class and pay administration, benefit administration or any Human Resources function presently performed by City employees, except as otherwise provided above, to the Human Relations Department.

C. CIVIL SERVICE DIRECTOR - The CSC shall appoint Deborah Groeneveld as the City of Muskegon Personnel Director, whom shall serve at the pleasure of the CSC. Deborah Groeneveld shall receive no additional compensation for serving as the City's Personnel Director and shall not be an employee of the City. Deborah Groeneveld shall be responsible, subject to delegation, to satisfying the obligations to be provided to the esc.

VII. FEES AND PAYMENTS • The County will perform all the above services for the Municipality, subject to fees and expenses set forth and under the terms and conditions herein:

Z:\civil se1vice conlrnct with county 71213,doc

A. FEES - The fee for the agreement year, which is from July 1, 2013 to June 30, 2014, shall be $75,000, in addition to Ul (unemployment insurance), pre-employment physical, testing and advertising costs as otherwise set forth herein.

B. PAYMENl'S • The Municipality shall remit the annual fee in equal quarterly payments of $18,750 each. The payment is owed regardless of whether Deborah Groeneveld is appointed by the CSC as the City's Personnel Director.

VIII. MISCELLANEOUS

- -A.--- - -SECTION HEADINGS· The headings of the several sections, and any Table of -Contents appended hereto, shall be solely for convenience of reference and shall not affect the meaning, construction or effect hereof.

B. SEVERABILITY· If any one or more of the provisions contained herein shall for any reason be held to be Invalid, illegal, or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality, or unenforceability shall not affect any other provision hereof, ana this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

C. ENTIRE AGREEMENT AND AMENDMENT • In conjunction with matters considered herein, this Agreement contains the entire understanding and agreement of the parties and there have been no promises, representations, agreements, warranties, or undertakings by any of the parties, either oral or writlen, of any character or nature hereafter binding except as set forth herein. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each party waives their future right to claim, contest or assert that this Agreement was modified, canceled, superseded or changed by any oral agreements, course of conduct, waiver or estoppel. This agreement is subject to obligations, if any, provided for in collective bargaining agreements involving the City, the City of Muskegon Charter and the City of Muskegon Civil Service Rules and Regulations.

D. SUCCESSORS AND ASSIGNS ·All representations, covenants, and warranties set forth in the Agreement by or on behalf of, or for lhe benefit of any or all of the parties hereto, shall be binding upon and inure to the benefit of such party, its successors and assigns.

E. TERMS AND CONDITIONS • The terms and conditions used in this Agreement shall be given their common and ordinary definition and will not be construed against either party.

F. EXECUTION OF COUNTERPARTS • This Agreement may be executed in any number of counterparts and each such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the parties shall preserve undestroyed, shall together constitute one and the same instrument.

ACKNOWLEDGEMENTS

Z:\civil service contract with county 71213.doc 4 ss

City of Muskegon

County of Muskegon:

City of Muskegon Civil Service Commission

Z:\civll service contract wilh county 7J213.doo

~ e? By: ,A t;:;;P ( t) ?a,/14<­

SteplfeJlJ. Gal;l/ron Mayor

By:~'*~~ ,~ ;;;: Ann Marie Cummings City Clerk

--By:----------­Kenneth Mahoney

___ ___ _ Chairman Board of Commissioners

By: -------------------­Nancy A. Waters County Clerk

By:~44~ D v~d George Newso haw

5 54

REQUEST FOR BOARD CONSIDERATION-COUNTY OF MUSKEGON COMMIITEE

and Means

REQUESTING DEPARTMENT

Human Resources

BUDGETED

COMMIITEE DATE

August 20, 2013

NON-BUDGETED PARTIALLY BUDGETED

REQUESTOR SIGNATURE

D. Groeneveld

SUMMARY OF REQUEST (GENERAL DESCRIPTION, FINANCING, OTHER OPERATIONAL IMPACT, POSSIBLE ALTERNATIVES)

Request that Deborah Groeneveld be appointed as employer delegate and Kristen Wade be appointed as employer alternate to the 2013 Municipal Employees Retirement System (MERS) annual meeting and be authorized to attend the annual meeting on October 1-3, 2013. Also employees Ivy Horton and Jeanne Reenders were elected as employee delegate and employee alternate respectively (see attached election results). Request that the associated costs to attend the annual meeting for the delegajes and alternates b(O paid from the Risk M<magement Fund.

-----······---

SUGGESTED MOTION (STATE EXACTLY AS IT SHOULD APPEAR IN THE MINUTES)

I move to appoint Deborah Groeneveld as employer delegate and Kristen Wade as employer alternate to the 2013 Municipal Employees Retirement System (MERS) annual meeting and the cost of attending for the employer and employee delegates and alternates be paid from the Risk Management Fund

ADMINISTRATIVE ANALYSIS (AS APPLICABLE)

HUMAN RESOURCES ANALYSIS:

Recommend Approval D. Groeneveld

CORPORATE COUNSEL ANALYSIS: ADMINISTRATOR RECOMMENDATION:

Revised 8/12/13

.. -' '.·:.)

:: . ' > (/)' I . f'

COUNTY OP·~'MV$K.~;@ON NANcv<A.. w, r~~~ts.~ '0ouNrxi,GLERK

Vital Records Office '1. I 990 Terrace Street, 1st Floor Musl<egon, Ml 49442

{[1)1 J'JI Ph: 231·724·6221 ' 1 • 2'1 Pf'l .: 'iS Fax: 231-724·6262

co.musl<egon.ml.us/clerl<

July 23, 2013

MERS ELECTION

Mrs. Deborah Groeneveld,HulllanBe_s()tlrces _.,.D..,ir-"e"'ct..,.o._r ________ _ Ivy Horton, Delegate Jeanne Reenders, Alternate Delegate

Dear Mrs. Groeneveld:

On Tuesday, July 23, 2013, the ballots for the MERS election for delegate and alternate were counted by Mary Villanueva, EEO Director and Lisa Chall<o, EEO/Board Liaison, and Kimberly Grimm, County Clerk's Office. All candidates were invited to observe the canvass and Jeanne Reenders was present.

The results are as follows:

Delegate Alternate

Ivy Horton Jeanne Reenders Marl< Burns Colleen Tague

107 votes 89 votes 87 votes 55 votes

If you have any questions, please feel free to contact me.

Sincerely, f) ~~7 a. r,J ,.2~~"' Nancy A{~aters County Clerk

NAW/kjg

Enclosure: Canvass & Certification Document

cc: Marl< Burns Colleen Tague

REQUEST FOR BOARD CONSIDERATION-COUNTY OF MUSKEGON COMMITTEE

REQUESTING DEPARTMENT

Administration

BUDGETED X

COMMITTEE DATE

August 20, 2013

NON-BUDGETED PARTIALLY BUDGETED

REQUESTOR SIGNATURE

Judith Kell

SUMMARY OF REQUEST (GENERAL DESCRIPTION, FINANCING, OTHER OPERATIONAL IMPACT, POSSIBLE ALTERNATIVES)

Approval is being requested to extend the contract to provide investigative services for the Public Defenders to Detect P.l. & Recovery, LLC at a flat fee of $30.00 for review of discovery and an hourly rate of $45.00 per hour and mileage reimbursement at $.55.5 per mile for the period of October 1, 2013 through December 31, 2013. Any out of state or overnight costs would be negotiated and would require prior approval. The cost of the service contract will be reviewed on a monthly basis to ensure that it meets the needs of the Public Defenders and the budget.

SUGGESTED MOTION (STATE EXACTLY AS IT SHOULD APPEAR IN THE MINUTES)

I move to authorize the Chairman of the County Board of Commissioners to sign a contract extension with Detect P.l. & Recovery, LLC at a flat fee of $30.00 for review of discovery and an hourly rate of $45.00 per hour and mileage reimbursement at $.55.5 per mile and pre-approved overnight or out of state costs for the period of October 1, 2013 through December 31, 2013 pending monthly review of expenditures

ADMINISTRATIVE ANALYSIS (AS APPLICABLE)

HUMAN RESOURCES ANALYSIS: FINANCE & MANAGEMENT ANALYSIS:

CORPORATE COUNSEL ANALYSIS: ADMINISTRATOR RECOMMENDATION:

Recommend approval. DH

57

Revised 8/12/13

Exhibit A

Contractor will provide investigative services for the 16 public defenders under Contract with Muskegon County. The types of services to be provided may include, but are not limited to:

A. Search for a complete residence history

B. Confirm or locate date of birth

C. Locate others living at or associated with a Defendant or client residence

D. Michigan criminal history search

E. Federal prison record

F. Michigan sex offender history

G. Michigan incarceration history search

H. Identify aliases used

I. Michigan county jail arrest/bookings (for participating counties)

J. U.S. Bureau of Prisons search

K. Current national wants and warrants search

L. Law enforcement canvass (for police contact at or near their residence)

M. Michigan motor vehicle operator's license status

N. County court record search (copy cost not included)

0. Federal litigation history search

P. Bankruptcy filing search

Q. Specific questions from the defense attorney concerning a witness

Exhibit B

The Contractor will charge a flat fee of$30.00 for review of discovery and an hourly rate of $45 for all other services and .55 per mile for mileage reimbursement. Overnight or out of state costs will be negotiated between the County of Muskegon and the contractor on an as needed basis.

5Cf

REQUEST FOR BOARD CONSIDERATION-COUNTY OF MUSKEGON COMMITTEE

& Means

REQUESTING DEPARTMENT

Administration

BUDGETED

COMMITTEE DATE

August 20, 2013

NON-BUDGETED PARTIALLY BUDGETED

REQUESTOR SIGNATURE

Bonnie Hammersley

SUMMARY OF REQUEST (GENERAL DESCRIPTION, FINANCING, OTHER OPERATIONAL IMPACT, POSSIBLE ALTERNATIVES)

The County of Muskegon and the Lakeshore Coordinating Council first entered into an agreement in October of 2010 for the delivery of substance abuse prevention services. The initial term of the agreement was for one (1) year and it expired in 2011. In 2012 a "First Amendment" was adopted extending the agreement for a one (1) year term which has since expired. It is proposed that an amendment be adopted to the initial agreement which provides for successive two (2) year terms. The term would be effective back to September 30, 2012, and would then end its initial first two (2) year term in 2014. It can be extended in year two of the first extension by filing the notice attached to the actual amendment.

SUGGESTED MOTION (STATE EXACTLY AS IT SHOULD APPEAR IN THE MINUTES)

I move to authorize the Chairman of the County Board of Commissioners to sign the Second Amendment to the Memorandum of Understanding with the Lakeshore coordinating council.

ADMINISTRATIVE ANALYSIS (AS APPLICABLE)

HUMAN RESOURCES ANALYSIS: FINANCE & MANAGEMENT ANALYSIS:

~~~~~w~~ CORPORATE COUNSEL ANALYSIS: ADMINISTRATOR RECOMMENDATION:

Concur D. Hughes ~ff;tr

Revised 8/14/13

AMENDMENT TO THE AGREEMENT BETWEEN THE COUNTY OF MUSKEGON AND

THE LAKESHORE COORDINATING COUNCIL

This Amendment To The Agreement is entered into effective this day of --=--c:-:-----::---::-::c--' 2013, by and between the COUNTY OF MUSKEGON by and through its elected County Board of Commissioners ("County"), and THE LAKESHORE COORDINATING COUNCIL, by and through its Board of Directors, ("LCC"),

WHEREAS, the parties hereto entered into an agreement concerning substance abuse prevention services in 2010, and,

WHEREAS, the parties hereto executed their First Amendment to the Memorandum of Understanding in 2012, and,

WHEREAS, the parties wish to continue their contractual relationship to provide the services as defined.

NOW THEREFORE IT IS COVENANTED AND AGREED IN WRITING THAT:

IX The Agreement dated October 10,2010 shall be amended to read as follows:

This agreement is in full force and effect from September 30, 2012 through October I, 2014. If the LCC is not in default of any provision of this agreement, the LCC has the option to extend this agreement for two (2) additional terms of three (3) years each. The provisions of this agreement will continue to apply during the extended term(s). The LCC's option must be exercised by giving written notice of the extension not less than twelve (12) months before the current or extended agreement expires. The extension notice shall be in the format attached as Exhibit A.

The patties hereto do incorporate and ratify all of the terms of the existing agreement into this Amendment as repeated word for word.

Dated: _____ ,, 2013

Dated: _____ ,, 2013

COUNTY OF MUSKEGON

By~-~~--=-~------­Kenneth Mahoney, Chairperson Muskegon County Board of Commissioners

LAKESHORE COORDINATING COUNCIL

By _____________ ___

Its: Chairperson

C:\Users\esparsaly\AppData\Local\Microsoft\Windows\Temporary Internet l'iles\Content.Outlook\R7S4A1QP\Second Amendment to t:J/ Memorandum ofUnderstanding.doc

EXHIBIT A

NOTICEOFEXERCffiEOFOYnON

TO: County ofMuskegon

NOTICE IS HEREBY GIVEN, in accordance with Paragraph IX of the Agreement, made and executed between the Muskegon County Substance Abuse Prevention Program and Lakeshore Coordinating Council ("LCC"), dated , that LCC hereby exercises the option to extend the Lease and agrees continue to follow the Lease provisions as written.

LAKESHORE COORDINATING COUNCIL

Dated: -----~ By ________________________ ___

Its: Chairperson

REQUEST FOR BOARD CONSIDERATION-COUNTY OF MUSKEGON COMMITIEE

& Means

REQUESTING DEPARTMENT

Circuit Court

BUDGETED

COMMITIEE DATE

August 20, 2013

NON-BUDGETED PARTIALLY BUDGETED

REQUESTOR SIGNATURE

Eric Stevens

SUMMARY OF REQUEST (GENERAL DESCRIPTION, FINANCING, OTHER OPERATIONAL IMPACT, POSSIBLE ALTERNATIVES)

The Muskegon County Circuit Court wishes to continue the legal services of attorneys who provide legal representation in criminal and family division cases, as required by law, to indigent defendants and families. The attorneys will provide legal services to each court as follows:

• One full time public defender assigned to Judge William C. Marietti- $32,500 • One full time public defender assigned to Judge Timothy G. Hicks - $32,500 • One half time public defender assigned to Judge Marietti and Judge Hicks - $16,250 • One part time public defender assigned to handle conflicts- $11,814 • One part time public defender assigned to handle preliminary hearings - $11,250 • Eight part time public defenders assigned to the Family Division- $11,875 (each) • One part time public defender assigned to handle Family Division conflicts- $8,000

The Contracts will be in effect from October 1, 2013 through December 31, 2013.

SUGGESTED MOTION (STATE EXACTLY AS IT SHOULD APPEAR IN THE MINUTES)

.1 move the Board authorize the Circuit Court to enter into contracts with the following attorneys: Chris Wilson assigned full time to Judge Marietti - $32,500; Fred Lesica assigned full time to Judge Hicks - $32,500; Joseph Fisher half time to Judge Marietti and Judge Hicks- $16,250; Joseph Fisher part time to handle preliminary hearings - $11 ,250; Frederic F. Balgooyen to handle conflicts- $11 ,814; Gary Veurink part time Family Division - $11 ,875; Edna Cass part time Family Division- $11 ,875; Chad Catalina part time Family Division- $11 ,875; Michael Walsh part time Family Division- $11 ,875; David Kortering part time Family Division - $11 ,875; Steven Corwin part time Family Division - $11 ,875; David Williams part time Family Division- $11 ,875; Amanda Mitteer part time Family Division- $11,875 Brenda Sprader time Family Division conflicts - $8,000.

ADMINISTRATIVE ANALYSIS (AS APPLICABLE)

HUMAN RESOURCES ANALYSIS:

Revised 8/13/13

31 13.

CIRCUIT COURT PUBLIC DEFENDERS

Balgooyen, Fisher, Lesica, Wilson

Preliminary Hearings held in

District Court by Fisher

PUBLIC DEFENDER AGREEMENT WITH FREDRIC F. BALGOOYEN

THIS AGREEMENT is entered into effective as of the first day of October, 2013, by and between the County of Muskegon, a Michigan municipal corporation, hereinafter referred to as "County", and Fredric F. Mr. Balgooyen, hereafter referred to as Mr. Balgooyen.

WITNESSETH:

WHEREAS, the County of Muskegon is in need of a continuing, just, effective, and economical system for providing attomeys at County expense to defend those individuals who are charged with misdemeanors or criminal contempt of comt and cannot retain private counsel due to indigence; and

WHEREAS, the system which appears to offer the most satisfactory fulfillment of that need is that of a contract between Muskegon County and one or more law firms to provide such services as may be needed; and

WHEREAS, as above referenced has represented that it is ready, willing, and able to provide such services on a contract basis; and

WHEREAS, the Circuit Court, by and through Chief Judge William C. 1v1arietti has appointed Mr. Balgooyen to function in the capacity of Public Defender;

NOW, THEREFORE, the parties do hereby mutually agree as follows:

AGREEMENT

I. The term of this Agreement shall be deemed effective !l·om October 1, 2013, through December 31,2013.

2. Mr. Balgooyen agrees to provide the legal defense services for the Circuit Court/ overflow/conflict issues requiring and obtaining court appointed counsel during the term of this Contract.

3. !fit is judicially determined that a person is entitled to court appointed counsel, then the Circuit Comt for Muskegon County shall appoint Mr. Balgooyen functioning in the capacity of Public Defender, or such other appointed public defender in such matters as the Court may deem nppropriate, to represent said accused and, from time to time, when necessary, said Mr. Balgooyen may utilize other members of its respective finn to fulfill the obligations here1mder.

Mr. Balgooyen may assign new representation of the accused person to another attomey from its law firm or associated with its law firm, provided, however, the other attomey delegated the case is capable of and shall provide constitutionally satisfactmy services.

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4. If it is judicially determined that a person charged with criminal contempt of court is entitled to court appointed counsel, then said court shall appoint Mr. Balgooyen or another Public Defender Office to represent said accused.

5. That, for the performance of the above described services, the County agrees to pay Mr. Balgooyen the sum of Eleven Thousand Eight Hundred Fourteen Dollars ($11 ,814.00). Said sum will be paid on a monthly basis in equal monthly installments. Said installments shall be subject to proration in the event of termination of this Agreement.

6. Mr. Balgooyen agrees that its obligations under this Agreement to represent indigent criminal defendants shall take precedence over any and all other commitments that Mr. Balgooyen might have in the comse of its legal practice.

7. Mr. Balgooyen shall perform the services under this Agreement as an independent contractor and not an employee of the County. Mr. Balgooyen understands and acknowledges that it is not entitled to any benefits of a County employee including, but not limited to vacation, sick leave, administrative leave, health insmance, disability insmance, retirement, unemployment insurance, workers' compensation and protection of tenure.

8. The County shall not be responsible for paying any taxes on Mr. Balgooyen's behalf. Should County be required to do so by State, Federal or local taxing agencies, Mr. Balgooyen agrees to promptly reimburse County for the filii value of such paid taxes plus interest and penalty, if any. These taxes shall include, but not be limited to, the following, FICA (Social Security), unemployment insmance contributions, income tax, disability insurance and workers' compensation insurance.

9. This Agreement will remain in force and effect beyond the period hereof pending the execution of a new Agreement in the event both parties hereto express a desire to continue same, either pending negotiation of a new rate, development of a new Agreement, or change in appointment by the Circuit Comi. In the case of such interim continuation, Mr. Balgooyen shall be paid at the same rate, subject to monthly proration of services performed.

1 0. This Agreement may be terminated by the County if:

a. Mr. Balgooyen fails to perform its obligations under this Agreement or have not provided adequate counsel for those individual defendants it is appointed to represent in a manner satisfactory to the Circuit Court for the County of Muskegon, or

b. Change of law relieves County of obligation to fund such services, or c. The Circuit Comi elects to terminate Mr. Dalgooyen's appointment as a Public Defender.

II. Mr. Balgooyen shall be required to keep adequate records of all appeara!lCes and services on behalf of defendants represented under this Agreement and shall make such records available to the Muskegon County Circuit Court and Muskegon County Board of Commissioners.

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12. It is understood that County, through its Board ofConunissioners, is solely undertaking funding of this program without undertaking any supervisory responsibility whatsoever.

13. Mr. Balgooyen agrees to indemnify and hold County harmless from any and all complaints filed against County by third party as a result of or aUributable to acts or omissions of Mr. Balgooyen to tllis Contract. Mr. Balgooyen agrees to provide and maintain during the term of this contract, malpractice insurance coverage at a minimum of One Hundred Thousand Dollars ($1 00,000) per incident and to provide proof of same to County upon request.

Kenneth Mahoney, Chairperson Muskegon County Board of Commissioners

William C. Marietti Chief Circuit Judge

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PUBLIC DEFENDER AGREEMENT WITH JOSEPH FISHER

TI-!IS AGREEMENT is entered into effective as oft he first day of October 2013, by and between the County of Muskegon, a Michigan municipal corporation, hereinafter referred to as "County", and Joseph Fisher, hereafter referred to as "Fisher".

WITNESSETH:

WHEREAS, the County of Muskegon is in need of a continuing, just, effective, and economical system fo1' providing attorneys at County expense to defend those individuals who me charged with serious criminal offenses or criminal contempt of court and cannot retain private counsel due to indigence; and

WHEREAS, the system which appears to offer the most satisfactory fulfillment of that need is that of a contract between Muskegon County and one or more law firms to provide such services as may be needed; and

WHEREAS, Fisher as referenced above has represented that he is ready, willing, and able to provide such services on a contract basis; and

WHEREAS, the Circuit Court, by and through Chief Judge William C. Marietti has appointed Fisher to function in the capacity of Public Defender;

NOW, THEREFORE, the parties do hereby mutually agree as follows:

AGREEMENT

I. The term of this Agreement shall be deemed effective from October I, 2013, through December 31,2013.

2. Fisher agrees to provide the legal defense services for all appointed indigent criminal defendants charged with serious crimes and criminal contempt requiring and obtaining court appointed counsel during the term of this Contract. It is understood that he is assigned to the court of Judge William C. Marietti, but that in the event of a conflict may be assigned to a different Circuit court.

3. If it is judicially determined that a person accused of a serious crime is entitled to court appointed counsel, then the Circuit court for Muskegon County shall appoint Fisher, functioning in the capacity of "Public Defender", or such other appointed public defender in such matters as the Court may deem appropriate, to represent said accused and, from time to time, when necessary, Fisher may utilize other members of his finn to fiJI fill the obligations hereundet·.

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4. Fisher may assign new representation of the accused person to another attorney from his law firm or associated with his law firm, provided, however, the other attorney delegated the case is cnpable of and shall provide constitutionally satisfactory services.

5. That, for the performnnce of the above described services, the CotJnly agrees to pay Fisher the stun of Sixteen thousand two fifty dollars ($16,250.00). Said smn will be paid on a monthly basis in equal monthly installments for the months of October 2013 through December 2013. Said installments shall be subject to pro"ration in the event of a termination of this Agreement.

6, Fisher agrees that his obligations under this Agreement to represent indigent criminal defendants shall take precedence over any and all other commitments that he might have in the course of his legal practice.

7. Fisher shall perform the services under this Agreement ns an independent contractor and not an employee of the County. Fisher understands and acknowledges that he is not entitled to any benefits of a County employee including, but not limited to vacation, sick leave, administrative leave, health insurance, disability insurance, retirement, unemployment insurance, workers' .compensation and protection oftenure.

8. County shall not be responsible for paying any taxes on Fisher's behalf. Shot1ld County be required to do so by State, Federnl or local taxing agencies, Fisher agrees to promptly reimburse County for the full value of such paid taxes plus interest and penalty, if any. These taxes shall include, but not be limited to, the tollowing, FICA (Social Security), unemployment insurance contributions, income tax, disability insurance and workers' compensation insurance.

9. This Agreement will remain in force and effect beyond the period hereof pending the execution of anew agreement in the event both parties hereto express a desire to continue same, either pending negotiation of a new rate, development of a new Agreement, or change in appointment by the Circuit Co mi. In the case of such interim continuation, Fisher shall be paid at the same rate, subject to monthly pro"ration of services performed.

This Agreement may be terminated by the County if:

a. Fisher fails to perform his obligation under this Agreement or has not provided adequate counsel for those individual defendants he is appointed to represent in a manner satisfactory to the Circuit Court for the County of Muskegon, or

b. Change of law relieves County of obligation to fund such services, m· c. The Circuit Comt elects to terminate Fisher's appointment as a Public Defender,

10. Fisher shall be required to keep adequate records of all appearances and services on behalf of defendants represented under this Agreement and shall make such records available to the Muskegon County Circuit Court and Muskegon County Board of Commissioners. Such bodies shall reasonably direct Fisher to provide written explanation when cases are referred due to conflict, to non-contract attomey.

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11. It is understood that CO\mty, through its Board of Commissioners, is solely undertaking funding of this program without undettaking any supervisory responsibility whatsoever.

12. Fisher agrees to indemnify and hold County harmless from any and all complaints filed against County by third party as a result of or attributable to acts or omissions of Fisher to this Contract. Fisher agrees to provide and maintain during the term of this Contract, malpractice insurance coverage at a minimum of One Hundred Thousand Dollars ($100,000) per incident and to provide proof of same to County upon request.

Kenneth Mahoney, Chairperson Date Muskegon County Board of Commissioners

William C. Marietti Date Chief Judge 141h Circuit Court

~~ r (!_(}/ 5---.. e

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PUBLIC DEFJ~NDER AGREEMENT WITH JOSEPH FISHER

THIS AGREEMENT, is entered into effective as of the tlrst day of October, 2013, by and between the County of Muskegon, a Michigan municipal coqlot·ation, hereinafter referred to as "County", and Joseph Fisher, hereafter referred to as "Fisher".

WITNESSETH:

WHEREAS, the County of Muskegon is in need of a continuing, just, effective, and economical system for providing attorneys at County expense to defend those individuals who are charged with felony offenses or criminal contempt of coutt and cannot retain private counsel due to indigence; and

WHEREAS, the system which appears to offer the most satisfactory fulfillment of that need is that of a contract between Muskegon County and one or more law firms to provide Sttch services as may be needed; and

WHEREAS, Fisher as referenced above has represented that he is ready, willing, and able to provide such services on a contract basis; and

WHEREAS, the Circuit Court, by and through Chief Judge William C. Marietti, has appointed Fisher to function in the capacity of Public Defender;

NOW, THEREFORE, the parties do hereby mutually agree as follows:

AGREEMENT

I. The term of this Agreement shall be deemed effective from October 1, 2013, through December 31, 2013.

2. Fisher agrees to provide the legal defense services for all appointed indigent criminal defendants charged with felonies at the pre-preliminary examination stage and the preliminary hearing stage requiring and obtaining court appointed counsel during the term of tlus Contract.

3. If it is judicially determined that a person accused of a felony is entitled to court appointed counsel, then the Circuit Comt for Muskegon County shall appoint Fisher, functioning in the capacity of"Public Defender", or such other appointed public defender in such matters as the Court may deem appropriate, to represent said accused and, from time to time, when necessary, Fisher may utilize other members of his firm to fulfill the obligations hereunder.

Fishel' may assign new representation of the accused person to another attorney from his law firm or associated with his law firm, provided, however, the other attorney delegated the case is capable of and shall provide constitutionally satistactory services.

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4. If it is judicially determined that a person scheduled for a pre-preliminary examination or a preliminary examination is entitled to court appointed counsel, then said Comt shall apJloint Fisher or another Public Defender Office to represent said accused.

5. That, for the performance of the above described services, the County agrees to pay Fisher the sum of Eleven thousand two hundred fifty dollars ($11,250.00). Said sums will be paid on a monthly basis in equal monthly installments. Said installments shall be subject to pro­ration in the event of a termination of this Agreement.

6. Fisher agrees that his obligations under this Agreement to represent indigent criminal defendants shall take precedence over any and all other commitments that he might have in the course of his legal practice.

7. Fisher shall perform the services under this Agreement as an independent contractor and not an employee of the County. Fisher understands and acknowledges that he is not entitled to any benefits of a County employee including, but not limited to vacation, sick leave, administrative leave, health insurance, disability insurance, retirement, unemployment insmance, workers' compensation and protection of tenure.

8. County shall not be responsible for paying any taxes on Fisher's behalf. Should County be required to do so by State, Federal or local taxing agencies, Fisher agrees to promptly reimbmse County for the filii value of such paid taxes plus interest and penalty, if any. These taxes shall. include, but not be limited to, the following, FICA (Social Sccmily), unemployment insurance contributions, income tax, disability insurance and workers' compensation insurance.

9. This Agreement will remain in force and effect beyond the period hereof pending the execution of a new agreement in the event both parties hereto express a desire to continue same, either pending negotiation of a new rate, development of a new Agreement, or change in appointment by the Circuit Court. In the case of stJch interim continuation, Fisher shall be paid at the same rate, subject to monthly proration of services performed.

I 0, This Agreement may be terminated by the County if:

A. Fisher fails to perform his obligation under this Agreement or has not provided adequate counsel for those individual defendants he is appointed to represent in a manner satisfactory to the Circuit Court for the County of Muskegon, or

B. Change of law relieves County of obligation to fund such services, or C. The Circuit Court elects to terminate Fisher's appointment as a Public Defender.

II. Fisher shall. be required to keep adequate records of all appearances and services on behalf of defendants represented under this Agreement and shall make such records available to the Muskegon County Circuit Court and Muskegon County Board of Commissioners. Such bodies shall reasonably direct Fisher to provide written explanation when cases are refened due to conflict, to non-contract attorney.

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12. It is understood that County, through its Board of Commissioners, is solely undertaking funding of this program without undertaking any supervisory responsibility whatsoever.

13. Fisher agrees to indemnify and hold County harmless from any and all complaints filed against County by third party as a result of or attributable to acts Ol' omissions of Fisher to this Contract. Fisher agrees to provide and maintain during the term of this Contract, malpractice insmance coverage at a minimum of One Hundred Thousand Dollars ($100,000) per incident and to provide proof of same to County upon request.

Dated: ______ _ By_________________ ---------­Kenneth Mahoney, Chairperson Muskegon Cotmty Board of Commissioners

Dated: ______ __ By _____________________ ~-----

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William C. Marietti Chief Judge

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7.3

PUBLIC DEFENDER AGREEMENT WITH .J. CHRISTOPHER WILSON

THIS AGREEMENT, is entered into effective as of the first duy October 2013, by and between the County of Muskegon, a Michigan municipal corporation, hereinafter referred to as "County", and J. Christopher Wilson hereafter referred to as "Wilson".

WITNESSETH:

WHEREAS, the County of Muskegon is in need of a continuing, just, effective, and economical system for providing attomeys at County expense to defend those individuals who are charged with serious criminal offenses or criminal contempt of comt and cannot retain private counsel due to indigence; and

WHEREAS, the system which appears to offer the most satisfactory fulfillment of that need is that of a contrnct between Muskegon County and one or more luw firms to provide such services as nmy be needed; and

WHEREAS, Wilson as referenced above has represented that he is ready, willing, and able to provide such services on a contract basis; and

WHEREAS, the Circuit Cmni, by and through Chief Judge William C. Marietti has appointed Wilson to function in the capacity of Public Defender;

NOW, THEREFORE, the pmiies do hereby mutually agree liS follows:

AGREEMENT

l. The term of this Agreement shall be deemed effective from October 1, 2013, through December 31,2013.

2. Wilson agrees to provide the legal defense services for all appointed indigent criminal defendants charged with serious crimes and criminal contempt requiring and obtuining comt appointed counsel during the term of this Contract.

3. If it is judicially determined that a person accused of a serious crime is entitled to court appointed counsel, then Circuit and/or District comts for Muskegon County shall appoint Wilson, functioning in the capacity of"Public Defender", or such other appointed public defender in such matters as the Comt may deem appropriate, to represent said accused and, from time to time, when necessary, Wilson may utilize other members of his firm to fulfill the obligations hereunder.

4. Wilson may assign new representation of the accused person to another altomcy from his law firm or associated with his law firm, provided, however, the other attomey delegated the case is capable of and shall provide constitutionally satisfactory services.

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5. If it is judicially determined that a person charged with criminal contempt of comt is entitled to court appointed counsel, then said Court shall appoint Wilson or another Public Defender Office to represent said accused.

6. That, for the performance of the above described services, the County agrees to pay Wilson the anmml sum of Thirty-two thousand five hundred dollars ($32,500.00). Said sums will be paid on a pro-rated, monthly basis in equal monthly installments. Said installments shall be subject to pro ration in the event of a termination of this Agreement.

7. Wilson agrees that his obligations under this Agreement to represent indigent criminal defendants shall take precedence over any and all other commitments that he might have in the course of his legal practice.

8. Wilson shall perform the services under this Agreement as an independent contractor and not an employee of the County. Wilson understands and acknowledges that he is not entitled to any benefits of a County employee including, but not limited to vacation, sick leave, administrative leave, health insurance, disability insurance, retirement, unemployment insurance, workers' compensation and protection of tenure.

9. County shall not be responsible for paying any taxes on Wilson's behalf. Should County be required to do so by State, Federal ot·local taxing agencies, Wilson agrees to promptly reimburse County for the full value of such paid taxes plus interest and penalty, if any. These taxes shall include, but not be limited to, the following, FICA (Social Security), unemployment insurance contributions, income tax, disability insurance and workers' compensation insurance.

I 0. This Agreement will remain in force and effect beyond the period hereof pending the execution of a new agreement in the event both parties hereto express a desire to continue same, either pending negotiation of a new rate, development of a new Agreement, or change in appointment by the Circuit Court. In the case of such interim continuation, Wilson shall be paid at the same rate, subject to monthly pro ration of services performed.

This Agreement may be terminated by the County if:

a. Wilson fails to perform his obligation under this Agreement or has not provided adequate counsel for those individual defendants he is appointed to represent in a manner satisfactory to the Circuit Court for the County ofM11skegon, or

b. Change of law relieves County of obligation to fund such services, or c. The Circuit Court elects to terminate Wilson's appointment as a Public Defender.

11. Wilson shall be required to keep adequate records of all appearances and services on behalf of defendants represented under this Agreement and shall make such records available to the Muskegon County Circuit Court and Muskegon County Bourd of Commissioners. Such bodies shall reasonably direct Wilson to provide written explanation when cases are referred due to conflict, to non-contract attorney.

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12. It is understood that County, through its Board of Commissioners, is solely undertaking funding of this program without undertaking any supervisory responsibility whatsoever.

13. Wilson agrees to indemnify and hold County harmless from any and all complaints filed against County by third party as a result of m· attributable to acts or omissions of Wilson to this Contract. Wilson agrees to provide and maintain during the term of this Contract, malpractice insurance coverage at a minimum of One Hundred Thousand Dollars ($1 00,000) per incident and to provide proof of same to County upon request.

Kenneth Mahoney, Chairperson Muskegon County Board of Commissioners

William C. Marietti Chief Judge

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Date

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FAMILY COURT/ PROBATE COURT

CONTRACT ATTORNEYS

77

PROBATE COURT AND CIRCUIT COURT /FAMILY DIVISION LEGAL COUNSEL AGREEMENT

THIS AGREEMENT, effective this 1st day of October I, 2013, between the COUNTY

OF MUSKEGON, a Michigan Municipal corporation, hereinafter referred to as "COUNTY",

the MUSKEGON COUNTY PROBATE COURT and the MUSKEGON COUNTY CIRCUIT

COURT FAMILY DIVISION, hereinafter "COURT", and attomeys as hereinafter identified,

hereinafter referred to as Attorneys.

WITNESSETH:

A. The County of Muskegon deems it necessary and appropriate to provide a continuing, just,

effective, and economic system for providing attorneys at County's expense to represent

those individuals who, pursuant to statute, are eligible for Guardian Ad Litem or defense

representation in connection with the handling of juvenile delinquency, neglect,

guardianship, and abuse and mental hearings and proceedings, together with other related

matters.

B. The Comt lms determined that. a system of appointment of the named attorneys offers the

most satisfactoty available approach for fulfilling the need of providing such

representation.

C. The attorneys hereunder appointed by the Court, and contracting hereunder have

represented that they me ready, willing, and able to provide such services on a contract

basis, and to give priority to the responsibilities undertaken hereunder in the performance

of this contract.

1

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NOW, THEREFORE, THE PAIUIES HERETO MUTUALLY AGREE AS

FOLLOWS:

1. That the term of this Agreement shall be fi·om Octoberl, 2013, through December 31,2013,

unless terminated as provided hereunder.

2. That the Co \lit hereby appoints, 01' continues its appointment of the following attorneys:

Chad Catalino

Stephen C. Corwin

Edna Kass

David Kortering

Manda Mitteer

Gary Veurink

Michael Walsh

David C. Williams

3. The Attorneys agree to provide Guardian Ad Litem and defense representation for and on

behalf of respondents in connection with the preliminary hearings 01' further proceedings to

be held in connection with the handling of juvenile delinquency, neglect and abuse, and

mental proceedings held within the County of Mt1skegon.

4. The Attorneys further hereby agree to provide adeqtmte coverage and services in

connection with such matters upon notification from the Comt as to any such scheduled

proceedings. In addition, the Attorneys agree to undertake best efforts to make themselves

available from time to time to cover any unscheduled preliminmy hearing.

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79

5. The Court hereby agrees to schedule hearings covered hereunder and to notify Attorneys of

same; provided, that it is understood and agreed that the Court shall retain the prerogative

and undertake to develop an assigmnent schedule and advise Attorneys of same, and

obtain input fi·om the Attomeys thereof, which assignment schedule shall be designed to

provide the Court with adequate coverage from the Attorneys. In addition, the Court

agrees to specifically appoint from the contract Attorneys, except in cases of conflict, to

process appeals from the Court to a higher Comt in connection with the above matters

upon appointment by a Judge; it is agreed that such appointed appellate Attorney shall be

reimbursed upon approval of a Judge at the rate of Forty Dollars ($40) per hour, plus

incurred costs for the handling of such appeal.

6. The Attorneys agree to work in a cooperative manner with the Court to ensure that all

matters falling within the scope of this Agreement are adequately covered and, to such

end, agree to assume the responsibility of assuring the appearance of an attorney, subject

to the approval of the Court, in the event of conflict or inability to appear due to

circumstances beyond their control.

7. It is understood and agreed that tllis Agreement should be construed as obligating the

Attomeys named herein in their individual capacities, and the removal, termination or

discontinuance of performance of any one Attomey shall not affect the continuing

responsibilities of other Attorneys hereunder.

8. Accordingly, this agreement may be terminated by an individual Attomey, for his portion

only, upon thit·ty (30) days written notice to the Chief Probate or Presiding Judge, Family

Division, as appropriate, and the County Board of Commission. In addition, it is agreed

3

that this Agreement may be terminated upon thhty (30) days written notice by the County,

acting through its Board of Commission, either as to an individual Attomey, or as to all

Attomeys if, as the case may be, either that individual Attomey, or all Attomeys, fail to

perform obligations under this Agreement in a manner satisfactory to the Probate and

Family Division Judges. Finally, the Court may, for cause, elect to terminate the

appointment of any Attomey upon providing thirty (30) days written notice. The Court

may also, at the end of any fiscal year, without notice, elect not to renew any Attomcy' s

appointment with or without cause, in which case, said appointment shall be deemed to

have terminated effective as of September 30 of such withdrawal or termination of said

appointment,

9. That in consideration of the se1vices hereunder to be provided, the County agrees to pay the

contract amount of Eleven thousand eight hundred seventy five dollars ($11,875.00). It is

agreed and understood that such amounts shall be in total and complete satisfaction of

County's financial obligation to said Attomeys whether in regard to actual services

performed or with regard to costs providing such services. The above

mentioned sum shall be payable to the respective Attomcys in equal installments on or

about the first day of every month for services provided in the previous month.

10. That in the event it is necessary for the Court to appoint a replacement for any Attomey

who disconthl\les to provide service under this contract for whatever reason, the

contract with such Attorney shall provide for payment to successor Attorney based on

above scheduled amounts, subject to pro rata adjustment for actual term of service

provided.

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11. That Attorneys agree to indemnify and hold County harmless from any and all complaints

filed against County by a third pmty as a result of or attributable to acts or omissions of

Attomeys to this contract. Attomeys agree to provide and maintain during the term of this

contract malpractice insmance coverage at a minimum of One Hundred Thousand Dollars

($100,000) per incident and to provide proof of same to County upon request.

12. That any newly appointed contract attorneys must participate in an orientation session

before assuming their duties. Such training will be provided by Family and Probate Comt

personnel and any such new contract attorneys are required to attend and participate in such

training as well as Foster Care Review Board hearings. If the attorney is unable to attend

due to a scheduling conflict in Muskegon County Family Division, he or she will submit a

written report to the Board. Such attomeys shall not receive compensation for such training

and orientation.

In addition, the attorneys are expected to meet with their clients and to be prepared in

advance of any hearing. Where the attomey has sufticicnt notice of the hearing and the

whereabouts of the client can be obtained, they should contact the client at least 48 hours in

advance. The attomeys are expected to appear timely and prepared to proceed with the

matter at ha1HI. The assignment to the Probate or Family Division is their first priority on

those days when they are needed to perform their duties.

(a) The attomey is to contact the Comt before 11:00 a.m. on scheduled days to be advised of new matters. The Comt will have a contact person available during that time to take the call.

(b) The attorney must maintain an effective system of communication to facilitate rapid responses for the Court during comt hours. An attorney shall respond within 60 minutes of receiving a call to the Court.

5

(c) The attorney is responsible to arrange coverage for hearings scheduled consistent with the docket. Coverage for scheduling conflicts, vacation, and illnesses are the responsibility of the contract attomey.

13. The individual parties to this agreement understand and agree that from time to time

individual attomeys may request discontinuation of their appointment, and new attorneys

may be appointed to perform duties and responsibilities hereunder. Insofar as such is

concerned, therefore, it is understood and agreed that tllis document may be signed in

mutual counterparts and will be considered by each contracting attorney to be an

individual contract between that attorney and the County and the Collli.

J 4. The parties shall execute an Addendum to this contract for each individual attorney

appointed by the Court, that the parties agree to abide by the terms nnd conditions set

forth in this contract.

Kenneth Mahoney, Chairman County Board of Commission

Neil G. Mullally Chief Probate Judge

Wllliam C. Mariotti Chief Circuit Judge

Date

Date

Date

6

ADDENDUM TO PROBATE COURT AND CIRCUIT COURT I FAMILY DIVISION LEGAL COUNSEL AGREEMENT

This Addendum is to the foregoing Probate Court and Circuit Court I Family Division

Legal Counsel Agreement ("Contract"), bearing a term from October I, 2013, tlll'ougll

December 3b, 2013, subject to renewals, and is executed by and between the Comt, County and

the respective undersigned Attomey effective October I, 20 l3.

By execution of this Addendum, the Comt affirms its appointment of Attorney and the

patties agree to abide by the terms and conditions set forth in the Contract.

Wn {i7t::~ Chad Catalino

Kenneth Mahoney, Chairman County Board of Commission

Neil G. Mullally Chief Probate Judge

William C. Marietti Chief Circ11it J udgc

~l·y/:r_ __ Dat,

Date

Date

Date

ADDENDUM TO PROBATE COURT AND Cm.CUIT COURT I FAMILY DIVISION LEGAL COUNSEL AGREEMENT

This Addendum is to the foregoing Probate Court and Circuit Court I Family Division

Legal Counsel Agreement ("Contmct"), bearing a term from October 1, 2013, through

December 31/, 2013, subject to renewals, and is executed by and between the Court, County and

the respective undersigned Attomey effective October 1, 2013.

By execution of this Addendum, the Court affirms its appointment of Attomey and the

'""'" •woo '" •hldo by~ ""'""""' '"' '""" lo tlw Cooh>ol.

~ . cP-tJ,-!? ~~~~~~~~7

Kenneth Mahoney, Chairman County Board of Commission

Neil G. MtJIIally Chief Probate Judge

William C. Marietti Chief Circuit Judge

Date

Date

Date

Date

(]5

ADDENDUM TO PROBATE COURT AND CIRCUIT COURT I FAMILY DIVISION LEGAL COUNSEL AGREEMENT

This Addendum is to the foregoing Probate Comt and Circuit Com!/ Family Division

Legal Counsel Agreement ("Contract"), beadng a term fi·om October I, 2013, through

December Jr, 2013, subject to renewals, and is executed by and between the Colut, County and

the respective undersigned Attorney effective October 1, 2013.

By execution of this Addendum, the Court affirms its appointment of Attorney and the

parties agree to abide by the terms and conditions set forth in the Contract.

Edna Kass

Kenneth Mahoney, Chairman County Board of Commission

Neil G, Mullally Chief Probate Judge

William C. Marietti Chief Circuit Judge

Date

---------Date

Date

Date

ADDENDUM TO PROBATE COURT AND CIRCUIT COURT I FAMILY DIVISION LEGAL COUNSEL AGREEMENT

This Addendum is to the foregoing Probate Court and Circuit Comt I Family Division

Legal Counsel Agreement ("Contract"), bearing a term from October 1, 20 13, tlll'ough

December 31, 2013, subject to renewals, and is executed by and between the Comi, County and

the respective undersigned Attorney effective October 1, 20 13.

By execution of this Addendum, the Comi affirms its appointment of Attomey and the

patties agree to abide by the terms and conditions set forth in the Contract.

Kenneth Mahoney, Chairman County Board of Commission

Neil G. Mullally Chief Probate Judge

William C. Marietti Chief Circuit Judge

Date

Date

Date

Date

6'7

ADDENDUM TO PROBATE COURT AND CIRCUIT COURT I FAMILY DIVISION LEGAL COUNSEL AGREEMENT

This Addendum is to the foregoing Probate Comt and Circuit Court I Family Division

Legal Counsel Agreement ("Contract"), bearing a term from October 1, 2013, through

December 30, 2013, subject to renewals, and is executed by and between the Court, County and

the respective undersigned Attorney effective October 1, 2013.

By execution of this Addendum, the Court affirms its nppointmenl of Attorney and the

pa1ties agree to abide by the terms and conditions set forth in the Contract.

Kenneth Mahoney, Chairman County Board of Commission

Neil G. Mullally Chief Probate Judge

William C. Mmietti Chief Circuit Judge

Date

Date

Date

ADDENDUM TO PROBATE COURT AND CillCUIT COURT I FAMILY DIVISION LEGAL COUNSEL AGREEMENT.

This Addendum is to the foregoing Probate Comt and Circuit Comt I Family Division

Legal Counsel A1,•reement ("Contract"), bearing a term from October 1, 2013, through

December 31, 2013, subject to renewals, and is executed by and between the Court, County and

the respective undersigned Attomey effective October 1, 2013.

By execution of this Addendum, the Comt affirms its appointment of Attorney and the

parties agree to abide by the terms and conditions set f01th in the Contract.

Gary Veurink

Kenneth Mahoney, Chairman County Board of Commission

Neil G. Mullally Chief Probate Judge

William C. Marietti Chief Circuit Judge

·----------Date

Date

Date

Date

ADDENDUM TO PROBATE COffin AND CIRCUIT COURT I FAMILY DIVISION LEGAL COUNSEL AGREEMENT

This Addendum is to the foregoing Probate Court and Circuit Com! I Family Division

Legal Counsel Agreement ("Contract"), hearing a term from October 1, 2013, through

December 31, 2013, subject to renewals, and is executed by and between the Court, County and

the respective undersigned Attomey effective October l, 2013.

By execution of this Addendum, the Court affirms its appointment of Attomey and the

parties agree to abide by the terms and conditions set forth in the Contract.

Michael Walsh

Kenneth Mahoney, Chairman County Board of Commission

Neil G. Mullally Chief Probate Judge

William C. Marietti Chief Circuit Judge

Date

Date

~---~--··--· --Date

Date

9D

ADDENDUM TO PROBATE COURT AND CIRCUIT COURT I FAMILY DIVISION LEGAL COUNSEL AGREEMENT

This Addendum is to the foregoing Probate Court and Circuit Court I Family Division

Legal Counsel Agreement ("Contract"), bearing a term from October 1, 2013, tlll'ough

December 3~, 2013, subject to renewals, and is executed by and between the Court, County and

the respective undersigned Attorney effective October I, 2013.

By execution of this Addendum, the Court affirms its appointment of Attorney and the

parties agree to abide by the terms and conditions set forth in the Contract.

Kenneth Mahoney, Chairman County Board of Commission

Neil G. Mullally Chief Probate Judge

William C. Marietti Chief Circuit Judge

't'·t2·!J Date

Dale

Date

Date

FAMILY COURT CONFLICT ATTORNEY

FAMILY COURT/CONFLICT ATTORNEY AGREEMENT WITH BRENDA SPRADER

THIS AGREEMENT is entered into effective as of the first day of October 2013, by and between the County ofMuskcgon, a Michigan municipal corporation, hereinafter referred to as "County", and Brenda Sprader, hereafter referred to as Ms. Sprader.

WITNESSETH:

WHEREAS, the County of Muskegon is in need of a continuing, just, effective, and economical system for providing attorneys at County expense to defend those individuals involved in the Muskegon County Family Court and cannot retain private counsel due to indigence; and

WHEREAS, the system which appears to offer the most satisfactory fulfillment of that need is that of a contract between Muskegon County and one or more law firms to provide such services as may be needed; m1d

WHEREAS, Ms. Sprader has represented that she is ready, willing, and able to provide such services on a contract basis; and

WHEREAS, the Circuit Court, by and through Chief Judge William C. Marietti has appointed Ms. Sprader to function in the capacity of the Family Coutt Conflict Attorney;

NOW, THEREFORE, the parties do hereby mutually agree as follows:

AGREEMENT

I. The term of this Agreement shall be deemed effective fi·om October 1, 2013, tluough December 31,2013.

2. Ms. Sprader agrees to provide the legal defense services for the Family Comt in conflict cases requiring court appointed counsel during the te1m of this Contract.

3. If it is judicially detemuned that a person is entitled to comt appointed counsel, then the Family Court for Muskegon County shall appoint Ms. Sprader functioning in the capacity of a Family Court Attorney, in such matters as the Court may deem appropriate, to represent parties in Family Court matters including delinquency, neglect and abuse, guardianship and mental illness cases.

Ms. Sprader may assign new representation of the Family Court matter to another attorney from her law firm or associated with her law firm, provided, however, the other attomey delegated the case is capable of and shall provide constitutionally satisfactory services.

C:\Users\Brenda Sprader\Downloads\conlracl ~connie! anomey 2013 (2).doo

AUG 1 2 2013

4, That, for the performance of the above descl'ibed services, the County agrees to pay Ms. Sprader the sum of Eight thousand dollars ($8,000.), Said sum will be paid on a monthly basis in equal monthly installments, Said installments shall be subject to proration at the start of and in the event of termination of this Agreement.

5. Ms. Sprader agrees !hal her obligations under this Agreement to represent Family Court Parties shall take precedence over any and all other commitments that Ms. Spradcr might have in the course of her legal practice.

6. Ms. Sprader shall perform the services under tllis Agreement as an independent contractor and not an employee of the County. Ms. Sprader understands and acknowledges that it is not entitled to any benefits of a County employee including, but not limited to vacation, sick leave, administrative leave, health insurance, disability insurance, retirement, unemployment insurance, workers' compensation and protection of tenure.

7. The County shall not be responsible for paying any taxes on Ms. Sprader's behalf. Should County be required to do so by State, Federal or local taxing agencies, Ms. Sprader agrees to promptly reimburse County for the full value of such paid taxes plus interest and penalty, if any. These taxes shall include, but not be limited to, the following, FICA (Social Security), unemployment insurance contributions, income tax, disability insumnce and workers' compensation insurance.

8. This Agreement will remain in force and effect beyond the period hereof pending the execution of a new Agreement in the event both parties hereto express a desire to continue same, either pending negotiation of a new rate, development of a new Agreement, or change in appointment by the Circuit Court. In the case ofsuch interim continuation, Ms. Sprader shall be paid at the same rate, subject to monthly proration of services performed.

9. 11lis Agreement may be tenninated by the County if:

a. Change of law relieves County of obligation to fund such services, or b. The Circuit Court elects to terminate Ms. Sprader's appointment as a Public Defender.

I 0. Ms. Sprader shall be required to keep adequate records of all appearances and services on behalf of defendants represented under this Agreement and shall make such records available to the Muskegon County Circuit Court and Muskegon County Board of Commissioners.

11. It is understood that County, through its Board of Commissioners, is solely undertaking funding of this program without undertaking any supervisory responsibility whatsoever.

12. Ms. Sprader agrees to indemnify and hold County harmless from any and all com]llaints filed against County by tllird pmty as a result of or attrihutable to acts or omissions of Ms. Spradet' to this Contract. Ms. Sprader agrees to provide and maintain during the term of this contract, malpractice insurance coverage at a mitlimum of One Hundred Thousand Dollars ($100,000) per incident and to provide proof of same to County upon request.

C:\Users\Br~nda Sptader\Downloads\contract ·conflict a!loroey 2013 (2).doc 2

9'-/

IN WITNESS WHEREFORE, the Parties have fully executed tllis Contract on the day signed below.

Kenneth Mahoney, Chairperson Muskegon County Board of Commissioners

William C. Marietti Chief Circuit Judge

"'-=-~1~dlc.,-~t-"---'t""-1

~~· tcckvJ Brenda Sprader Family Court Conflict Attorney

C:\Users\D!tlldll Sprader\DO\mloadskonlracl ·conflict attomcy 2013 (2).doc

Date

Date

F~ f,;<- 13 Date

3

PUBLIC DEFENDER AGREEMENT WITH FRED .T, LESICA

THIS AGREEMENT is entered into effective as of the first day of October, 2013, by and between the County of Muskegon, a Michigan municipal corporation, hereinafter referred to as "County", and Fred J. Lesica, hereafter referred to as "Lesica".

WITNESSETH:

WHEREAS, the County of Muskegon is in need of a continuing, just, effective, and economical system for providing attorneys at County expense to defend those individuals who are charged with serious criminal offenses or criminal contempt of court and cannot retain private counsel due to indigence; and

WHEREAS, the system which appears to offer the most satisfactory fulfillment of that need is that of a contract between Muskegon County and one or more law firms to provide such services as may be needed; and

WHEREAS, Lesica as referenced above has represented that he is ready, willing, and able to provide such services on a contract basis; and

WHEREAS, the Circuit Court, by and through Chief Judge William C. Marietli, has appointed Lesica to function in the capacity of Public Defender;

NOW, THEREFORE, the parties do hereby mutually agree as follows:

AGREE!v!ENT

1. The term of this Agreement shall be deemed effective from October l, 2013, through December 31, 2013.

2. Lesica agrees to provide the legal defense services for all appointed indigent criminal defendants charged with serious crimes and criminal contempt requiring and obtaining court appointed counsel dul'ing the term of this Contract.

3. !fit is judicially determined that a person accused of a serious crime is entitled to court appointed counsel, then Circuit and/or District comis for Muskegon County shall appoint Lesica, functioning in the capacity of"Pnblic Defender", or such other appointed public defender in such matters as the Court may deem appropriate, to represent said accused and, from time to time, when necessary, Lesica may utilize other members of his finn to fulfill the obligations hereunder.

Lesica may assign new representation of the acc1Jsed person to another attomey from his law firm m· associated with his law finn, provided, however, the other attorney delegated the case is capable of and shall provide constitutionally satisfactory services.

P:\J..1)' Documenls:\PUDLIC DEFENDIJR\Conlmcts.\l.ESICA 2013.doc

4. If it is judicially determined that a person charged with criminal contempt of court is entitled to COUlt appointed counsel, then said Court shall appoint Lesica or another Public Defender Office to represent said accused.

5. That, for the performance of the above described services, the County agrees to pay Lesica the annual sum of Thirty-two thousand five hundred dollars ($32,500.00). Said sums will be paid on a monthly basis in equal monthly installments. Said installments shall be subject to pro-ration in the event of a termination of this Agreement.

6. Lesica agrees that his obligations under this Agreement to represent indigent criminal defendants shall take precedence over any and all other commitments that he might have in the course of his legal practice.

7. Lesica shall perform the services under this Agreement as an independent contractor and not an employee of the County. Lesica understands and acknowledges that he is not entitled to any benefits of a County employee including, but not limited to vacation, sick leave, administrative leave, health insurance, disability insurance, retirement, unemployment insmance, workers' compensation and protection of tenure.

8. County shall not he responsible for paying any taxes on Lesica's behalf. Should County be required to do so by State, Federal or local taxing agencies, Lcsica agrees to promptly reimbmse County for the filii value of such paid taxes plus interest and penalty, if any. These taxes shall include, but not be limited to, the following, FICA (Social Security), unemployment insurance contributions, income tax, disability insurance and workers' compensation insurance.

9. This Agreement will remain in force and effect beyond the period hereof pending the execution of a new agreement in the event both parties hereto express a desire to continue same, either pending negotiation of a new rate, development of a new Agreement, or change in appointment by the Circuit Comt. In the case of such interim continuation, Lesica shall be paid at the same rate, subject to monthly pro-ration of services performed.

I 0. This Agreement may be terminated by the County if:

A. Lesica fails to perform his obligation under this Agreement or has not provided adequate counsel for those individual defendants he is appointed to represent in a manner satisfactory to the Circuit Court for the County of Muskegon, or

B. Change of law relieves County of obligation to fund such services, or

C. The Circuit Court elects to terminate Lesica's appointment as a Public Defender.

II. Lesica shall be required to keep adequate records of all appearances and services on behalf of defendants represented under tltis Agreement and shall make such records available to the Muskegon County Circuit Comt and Muskegon County Board of Conunissioners. Such

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97

bodies shall reasonably direct Lesica to provide written explanation when cases are referred due to conflict, to non-contract attomey.

12. It is understood that County, through its Board of Commissioners, is solely undertaking funding of this program without undertaking any supervisory responsibility whatsoever.

13. Lesica agrees to indemnify and hold County harmless from any and all complaints filed against County by third party as a result of or attributable to acts or omissions ofLesica to this Contract. Lesica agrees to provide and maintain during the term of this Contract, malpractice insurnnce coverage at a minimum of One Hundred Thousand Dollars ($100,000) per incident and to provide proof of same to County upon request.

Kenneth Mahoney, Chairperson Muskegon County Board of Commissioners

William C. Marietti Chief Circuit Judge

Fred J. Lesica Public Defender .

P:\My Documen!s\PUBLIC OEFENDP.R\Contracls,I.ESICA 2013.doc

Date

Date

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3

REQUEST FOR BOARD CONSIDERATION-COUNTY OF MUSKEGON COMMITT~~ IBUDGH~D NON·BUDGETED PARTIALLY BUDGET~D Ways and Means XX

REQUESTING DEPARTMENT COMMITTEE DATE REQUESTOR SIGNATURE 60" Plslrlcl Court Augusl20, 2013 Chief Judge Marla Ladas Hoopes

SUMMARY OF REQUEST (GENERAL DESCRIPTION, FINANCING, OTHER OPERATIONAL IMPACT, POSSIBLE ALTERNATIVES)

The 60111 District Court wishes to continue the legal services of five attorneys to provide public defender representation to indigent defendants in misdemeanor cases. The attorneys will provide services to each court as follows: One attorney will be assigned to Judge Wierenga's court, one attorney to Judge Closz's court, one attomey to Judge Nolan's court and one attorney to Judge Ladas Hoopes' court. Additionally, one attorney will be assigned to cover conflicts and appeals in the District Court. Prelimimny hearings will be covered by an attorney under the circuit court contracts. The contracts arc a three month extension ofthe current contract prorated.

The four public defender attorneys assigned to each judge will agree to contracts in the amount of $11,875. The public defender assigned to manage District Court conflicts and appeals will be Joseph Fisher which will agree to a contract in the amount of$5,375.

The total of the District Court contracts will be $52,875.

SUGGESTED MOTION (STAT~ ~XACTLY AS IT SHOULD APPEAR IN THE MINUTES)

I move that the Board authorize the District Comt, through its Chief Judge, Honorable Maria Ladas Hoopes, to enter into a three month contract with the five attorneys to be designated as public defenders effective October 1, 2013 through December 31, 2013.

James Marek $11,875 Angella Doremire $11,875 Brian Hosticka $11,875 Joseph Fisher $5,375 Mary Farrell $11,875 ..

ADMINISTRATIVE ANALYSIS (AS APPLICABLE)

HUMAN RE~Q!.lBC~S ANALYSIS: FINANCE & MANA~MENT ANALYSIS:

~(OftvJ~J~ \ ~~ CORPORATE COUNSEL ANALYSIS:

ADMINISTRATOR RECOMMENDATION:

t~tM ~ ~rW~-AGEND~ 'AT~:' I · 3.o 13 I AGENDA N?il Lo f'nl i3 IIX'I ·r.f1 ~1~o~e' ~ ;:n t3

I PAGENO.

Revised 8/14/13 P;\My Flles\Request for Board Consider~tion- public defender contracl.doc ·

PUBLIC nEFENDER AGREEMENT WITH ANGELLA R. DOREMIRE

THIS AGREEMENT, is entered into effective as of the I" day of October 2013, by and between the County of Muskegon, a Michigan municipal corporation, and the 6011

; District Court, hereinafter collectively referred to as "County", and ANGELLA R. DOREMIRE, hereafter referred to as "Public Defender".

WITNESSETH:

WHEREAS, the County ofMuskegon is in need of a continuing, just, effective, and economical system for providing attomcys at County expense to defend those individuals who are charged with misdemeanor offenses, criminal contempt of court, and/or probation violations and cannot retain private counsel due to indigence; and

WHEREAS, the system which appears to offer the most satisfactory fulfillment of that need is that of a contract between Muskegon Co1mty and one or more law firms to provide such services as may be needed; and

WHEREAS, ANGELLA R. DOREMIRE, as referenced above has represented that she is ready, willing, and able to provide such services on a contract basis; and

WHEREAS, the 601\t District Court for the County of Muskegon is authorized, pursuant

to Administrative Order 2008-03J, which is hereby incorporated by reference and attached hereto as Exhibit A, to appoint counsel for indigent parties; and

WHEREAS, the 6011! District Court, by and t!U'ough Chief J11dge Maria Ladas Hoopes,

has appointed Angella R. Doremire to function in the capacity of"Public Defender";

NOW, THEREFORE, the parties do hereby mutually agree as follows:

AGREEMENT

1. The term ofthis Agreement shall be deemed effective from October 1, 2013, tlll'ough December 31,2013.

2. Angell a R. Doremire agrees to provide the legal defense services for all appointed indigent criminal defendants charged with misdemeanors, criminal contempt of court, and/or probation violations requiring and obtaining court appointed counsel during the term of this Contract.

3. If it is judicially determined that a person accused of a misdemeanor, contempt of court, and/or probation violation is entitled to court appointed counsel, then the 601

1! District Court for Muskegon County shall appoint, Angell a R. Doremire, functioning in the capacity of "Public Defender", or such other appointed public defender in such matters as the Court may deem appropriate, to represent said accused and, from time to time, when necessary, Angella R. Doremire may utilize other members of her firm to fhlfill the obligations hereunder.

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;oo

Angella R. Doremire may assign new representation of the accused person to another attorney from her Jaw finn or associated with her law finn, provided, however, the other attorney delegated the case is capable of and shall provide constitutionally satisfactory services.

4. That, for the performance of the above described services, the County agrees to pay Angella R. Dorcmirc the sum ofEleven Thousand Eight Hundred Seventy-Five Dollars ($11,875). Said smns will be paid on a monthly basis in equal monthly installments. Said installments shall be subject to pro-ration in the eveJit oftermination of this Agreement.

5. Angell a R. Do rem ire agrees that her obligations under this Agreement to represent indigent criminal defendants shall take precedence over any and all other commitments that she might have in the course of her legal practice.

6. Angella R. Doremire shall perform the services under this Agreement as an independent contractor and not an employee of the County. Ms. Doremire understands and acknowledges that she is not entitled to any benefits of a County employee including, but not limited to vacation, sick leave, administrative leave, health insurance, disability insurance, retirement, unemployment insmancc, workers' compensation and protection oftem1re.

7. County shall not be responsible for paying any taxes on Angell a R. Doremire's behalf. Should County be reqtJired to do so by State, Federal or local taxing agencies, Ms. Doremire agrees to promptly reimburse County for the full value of such paid taxes plus interest and penalty, if any. These taxes shall include, but not be limited to, the following, FICA (Social Secudty), unemployment insurance contributions, income tax, disability insmance and workers' compensation insmance.

8. This Agreement will remain in force and effect beyond the period hereof pending the execution of a new agreement in the event both parties hereto express a desire to continue same, either pending negotiation of a new rate, development of a new Agreement, or change in appointment by the 6oth Distdct Court. In the case of such interim continuation, Angella R. Doremhe shall be paid at the same rate, subject to monthly proration of services performed.

9. This Agreement may be terminated by the County or 60th Distdct Court if:

A. Angell a R. Doremire fails to perform her obligation under this Agreement or has not provided adequate counsel for those individual defendants she is appointed to represent in a manner satisfactory to the 60th District Court for the County of Muskegon, or

B. Change of law relieves County of obligation to fund such services, or

C. The 60th Distdct Court elects to terminate Angella R. Doremire's appointment as a Public Defender.

10. This Agreement may be terminated by Angell a R. Do rem ire upon thhty (30) days advance written notice of her resignation.

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I D I

J J. Angella R. Doremire shall be required to keep adequate records of all appearances and services on behalf of defendants represented under this Agreement and shall make such records available to the Muskegon County 60111 District Court and Muskegon County Board of Commissioners. Such bodies shallreasonab1y direct Angclla R. Doremire to provide written explanation when cases are referred due to conflict, to conflict contract attorney for payment pursuant to conflict contract.

12. It is understood that County, through its Board of Commissioners, is solely undettaking funding of this program without tmdertaking any supervisory responsibility whatsoever.

13. Angella R. Doremire agrees to indemnity and hold County harmless from any and all complaints filed against County by third party as a result of or attributable to acts or omissions of Angella R. Doremire to this Contract. Angella R. Do rem ire agrees to provide and maintain during the term of this Contract, malpractice insurance coverage at a minimum of One Hundred Thousand Dollars ($100,000) per incident and to provide proof of same to County upon request.

14. County agrees to reimburse Angella R. Doremire for costs she incurs for serving subpoenas on witnesses.

Dated: ______ _, 2013

Dated:. ____________ __, 2013

COUNTY OF' MUSKEGON

By~--~~~--~~~-------------­Kenneth Mahoney, Chairperson Muskegon County Board of Commissioners

MUSKEGON COUNTY 60TH DISTRICT COURT

By~~~~~------------------­Maria Ladas Hoopes ChicfDistl'ict Judge

By~,6/a ~ ~ Ange~re ____ .....,

Public Defender

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PUBLIC DEFENDER AGREEMENT WITH JOSEPH FISHER

THIS AGREEMENT is entered into effective as of the 1 '1 day of October, 2013, by and between the County of Muskegon, a Michigan municipal corporation, and the 601h District Court, hereinafter collectively referred to as "Co<mty", and JOSEPH FISHER, hereafter referred to as "Public Defender",

WITNESSETH:

WHEREAS, the County of Muskegon is in need of a continuing, just, effective, and economical system for providing attomeys at County expense to defend those individuals who are charged with misdemeanor offenses, criminal contempt of court, and/or probation violations and cmmot retain private counsel due to indigence; and

WHEREAS, the system which appears to offer the most satisfactory fulfillment of that need is that of a contract between Muskegon County and one or more Jaw firms to provide such services as may be needed; and

WHEREAS, JOSEPH FISHER, as referenced above has represented that he is ready, willing, and able to provide such services on a contract basis; and

WHEREAS, the 601h District Court for the County of Muskegon is authOrized, pursuant to Administrative Order 2008-03J, which is hereby incot}Jorated by reference and attached hereto as Exhibit A, to appoint counsel for indigent parties; and

WHEREAS, the 601h District Court, by and through Chief Judge Maria Ladas Hoopes,

has appointed Joseph Fisher to fimction in the capacity of "Public Defender";

NOW, THEREFORE, the parties do hereby mutually agree as follows:

AGREEMENT

1. The term of this Agreement shall be deemed effective from October 1, 2013, through December 31, 2013.

2. Joseph Fisher agrees to provide the legal defense services for the 601h Distdct

Comt/overflow/confliet issues and appeals requiring the obtaining court appointed eo<msel during the term of Ibis Contract.

3. If it is judicially determined that a person is entitled to court appointed counsel, then the 60111 District Court for Muskegon County shall appoint, Joseph Fishe1·, fimctioning in the capacity of"Public Defender", or such other appointed public defender in such matters as the Court may deem appropriate, to represent said accused and, from time to time, when necessary, Joseph Fisher may utilize other members ofhis firm to fi!lfill the obligations hereunder.

11:\Users\ndmin\l'ublic Ocfcndc~\public dcfcndc( Fishe( 9~I3.tloc 1

Joseph Fisher may assign new representation of the accused person to another attomey from his law firm or associated with his law firm, provided, however, the other attorney delegated the case is capable of and shall provide constitutionally satisfactory services.

4. That, for the performance of the above described services, the Com1ty agrees to pay Joseph Fisher the sum of Five Thousand Three Hundred Seventy-Five Dollars ($5,375). Said sums will be paid on a monthly basis in equal monthly installments. Said installmeills shall be subject to pro-ration in the event oftennination of this Agreement.

5. Joseph Fisher agrees that his obligations under this Agreement to represent indigent criminal defendants shall take precedence over any and all other commitments that he might have in the course of his legal practice.

6. Joseph Fisher shall perform the services under this Agreement as an independent contractor and not an employee of the County. Mr. Fisher 1mderstands and acknowledges that he is not entitled to any benefits of a County employee including, but not limited to vacation, sick leave, administrative leave, health insurance, disability insurance, retirement, unemployment insurance, workers' compensation and protection of tenure.

7. County shall not be responsible for paying any taxes on Joseph Fisher's behalf. Should County be required to do so by State, Federal or local taxing agencies, Mr. Fisher agrees to promptly reimburse County for the full value of such paid taxes plus interest and penalty, if any. These taxes shall include, but not be limited to, the following, FICA (Social Security), 11nemploymcnt insmance contributions, income tax, disability insurance and workers' compensation insurance.

8. This Agreement will remain in force and effect beyond the period hereof pending the execution of a new agreement in the event both pmiies hereto express a desire to continue same, either pending negotiation of a new rate, development of a new Agreement, or change in appointment by the 601

" District Court. In the case of such interim continuation, Joseph Fisher shall be paid at the same rate, subject to monthly proration of services performed.

9. This Agreement may be terminated by the County or 601" District Court if:

A. Joseph Fisher fails to perform his obligation under this Agreement or has not provided adequate counsel for those individual defendants he is appointed to represent in a manner satisfactory to the 601

h District Comt for the County of Muskegon, o1·

B. Change oflaw relieves County of obligation to fund such services, or

C. The 601h District Court elects to terminate Joseph Fisher's appointment as

a Public Defender.

10. This Agreement may be terminated by Joseph Fisher lJpon thirty (30) days advance written notice of his resignation.

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11. Joseph Fisher shall be required to keep adequate records of all appearances and services on behalf of defendants represented under this Agreement and shall make such records available to the Muskegon County 60'11 Dlstrict Court and Muskegon County Board of Commissioners. Such bodies shall reasonably direct Joseph Fisher to provide written explanation when cases are referred due to confHct, to conflict contract attorney for payment pursuant to conflict contract.

12. It is understood that County, through its Board of Commissioners, is solely undertaking funding of this program without undertaking any supervisory responsibility whatsoever.

13. Joseph Fisher agrees to indemnify and hold County harmless from any and all complaints filed against County by third party as a result of or attributable to acts or omissions of Joseph Fisher to this Contract. Joseph Fisher agrees to provide and maintain during the term of this Contract, malpractice insurance coverage at a minimum of One Hundred Thousand Dollars ($1 00,000) per incident and to provide proof of same to County upon request.

14. County agrees to reimbmse Joseph Fisher for costs he incms for serving subpoenas on witnesses.

Dated: _______ ,, 2013

Dated:. _______ ,, 2013

Dated: f-r L( ._ '2013

H;\Uscrs\ndmiu\Public Defenders\Jmhlio defender Fisher 9-13.doc

COUNTY OF MUSKEGON

By~-~~--~~------­Kenneth Mahoney, Chairperson Muskegon County Board of Commissioners

MUSKEGON COUNTY 60T11 DISTlUCT COURT

By_~-~------------­Maria Ladas Hoopes Chief istrict Jt d e

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