Southwest Michigan Building Authority
7275 West Main Street
Kalamazoo MI 49009
269-585-4150
www.swmiba.org
Regular Board Meeting
November 17, 2022
8:30 AM
Oshtemo Township Hall
Public Meeting Room
7275 W Main St
Kalamazoo, MI 49009
Agenda
1. Call to Order
2. Approval of or Amendments to Agenda
3. Public Comments on Non-Agenda Items
4. Consent Agenda
a. Meeting Minutes – October 27, 2022 Regular Meeting
b. November 2022 Financial Reports
c. November 2022 Budget Adjustments & Amendments
d. Approval of 2023 Regular Board Meeting Schedule
e. Proposal for Renewal from Sun Life Financial – Life/STD/LTD Insurance
5. Resolution to Adopt the FY 2023 Budget
6. Consideration of Inspector Contracts for Renewal
7. Consideration of Proposed CD Investment – Treasurer DeHaan
8. Consideration of Proposed 2023 Holiday Schedule
9. Consideration of Citizen Member at Large Appointment
10. Board Chair’s Report
11. Other Business
12. Adjournment
2022-11-17 SMBA Board Packet | Page 1 of 69
Minutes of the Regular Board Meeting
Southwest Michigan Building Authority (SMBA) Board of Directors
October 27, 2022 | 8:30am | Public Meeting Room, Oshtemo Township Hall
Page 1 of 2
Action Items
# Item Description: Assigned To: Due By:
7 Prepare recommendations for investment of cash reserves. Kyle Gibson, Carol DeHaan 2022-11-17
Minutes
1. Call to Order: Chair Dusty Farmer called the meeting to order at approximately 8:34am.
Name Present or Absent
Dusty Farmer, Board Chair (Oshtemo Representative) Present
Jeff Sorensen (Cooper Representative) Present
Carol Dehaan, Treasurer (Cooper Representative) Present
Cheri Bell (Oshtemo Representative) Present
Larry Stehouwer (Cooper Representative) Present
Also present were: Building Official Garrett Reitenour, Administrative Assistant Elvira Oropeza, and Board
Secretary Kyle Gibson.
2. Approval of or Amendments to Agenda: Chair Farmer requested that Consent Agenda item 4b (October 2022
Financial Reports) be removed from the consent agenda and inserted as item 6.
3. Public Comments on Non-Agenda Items: There was no public comment.
4. Consent Agenda:
a. Meeting Minutes – September 22, 2022 Regular Meeting
A motion was made by Larry Stehouwer and supported by Jeff Sorensen to approve item A as presented.
Upon a voice vote, the motion was carried 5-0.
5. Property and Liability Insurance Renewal:
Office Manager Gibson presented a renewal proposal from The Ted Hartleb Agency. A motion was made by Jeff
Sorensen and supported by Cheri Bell to accept the renewal proposal as presented.
Upon a voice vote, the motion was carried 5-0.
6. October 2022 Financial Reports:
Chair Farmer asked a question regarding the miscellaneous expense activity, Office Manager Kyle Gibson
responded. Chair Farmer advised the Board of a required budget amendment for the legal fees expense account
to reimburse fees incurred by Oshtemo Township on behalf of the Authority. A motion was made by Carol DeHaan
and supported by Jeff Sorensen to amend the budget by $21,000.
Upon a voice vote, the motion was carried 5-0.
7. Consideration of the FY 2023 Requested Budget:
Chair Farmer expressed her appreciation for the work put into the preparation of the budget by Office Manager
Gibson. Mr. Gibson thanked the Board and presented the requested budget, answering several questions from
members of the Board.
Chair Farmer requested a 10-minute recess at 9:00am with no opposition. The Board reconvened at 9:13am.
2022-11-17 SMBA Board Packet | Page 2 of 69
Minutes of the Regular Board Meeting
Southwest Michigan Building Authority (SMBA) Board of Directors
October 27, 2022 | 8:30am | Public Meeting Room, Oshtemo Township Hall
Page 2 of 2
Discussion was held regarding the prudency of investing a portion of the Authority’s cash reserves. Consensus was
that Treasurer DeHaan should meet with Office Manager Gibson to prepare recommendations for the Board’s
review at the next regular meeting.
A motion was made by Jeff Sorensen and supported by Carol DeHaan to approve the requested budget as
presented, pending approvals from the participating local units.
Upon a voice vote, the motion was carried 5-0.
8. Closed Session to Conduct a Periodic Performance Review of the Building Official:
A resolution to enter closed session was before the Board. A motion was made by Dusty Farmer and supported by
Jeff Sorensen to adopt the foregoing resolution.
Upon a Roll Call Vote, the following voted “Yes”: Dusty Farmer, Jeff Sorensen, Cheri Bell, Larry Stehouwer, Carol
DeHaan. The motion was carried 5-0. The Board entered closed session at approximately 9:24am.
Cheri Bell left at 9:40am.
A motion was made by Jeff Sorensen and supported by Dusty Farmer to exit closed session.
Upon a voice vote, the motion was carried 5-0. The board returned to open session at approximately 10:26am.
9. Board Chair’s Report: Chair Farmer had nothing to report.
10. Other Business: There was no other business brought before the board.
11. Adjournment: Seeing and hearing no other business, and having exhausted the agenda, Board Chair Dusty Farmer
declared the meeting adjourned at approximately 10:26am.
Next Regular Board Meeting
November 17, 2022 | 8:30am | Public Meeting Room, Oshtemo Township Hall
Prepared By: KYLE GIBSON
Board Secretary & Office Manager
2022-11-17 SMBA Board Packet | Page 3 of 69
Southwest Michigan Building Authority
7275 West Main Street
Kalamazoo MI 49009
269-585-4150
www.swmiba.org
Financial Reports for:
November 2022
As of 2022-11-14
1. Permit Revenue & Inspections Report
2. Bank Account Balance Report
3. Accounts Payable Detailed Disbursement Report
4. Payroll Expense Report
5. Budget Snapshot
2022-11-17 SMBA Board Packet | Page 4 of 69
SOUTHWEST MICHIGAN BUILDING AUTHORITY REVENUE / INSPECTIONS REPORT
Reporting Period: 10/24/2022 to 11/14/2022
Building Electrical Mechanical Plumbing Totals
Oshtemo 32 17 32 9 90
Revenue $15,298.00 $2,524.00 $4,088.00 $1,252.00 $23,162.00
YTD Oshtemo 449 279 441 205 1374
YTD Revenue $188,609.41 $48,463.00 $69,948.75 $31,563.00 $338,584.16
Cooper 8 9 15 3 35
Revenue $2,450.00 $1,450.00 $2,246.00 $426.00 $6,572.00
YTD Cooper 163 131 141 46 481
YTD Revenue $56,394.00 $24,448.00 $21,122.00 $7,185.00 $109,149.00
Total Permits 40 26 47 12 125
Total Revenue $17,748.00 $3,974.00 $6,334.00 $1,678.00 $29,734.00
YTD Total Permits 612 410 582 251 1855
YTD Total Revenue $245,003.41 $72,911.00 $91,070.75 $38,748.00 $447,733.16
Building Electrical Mechanical Plumbing Totals
Oshtemo Inpsections 104 54 56 32 246
Cooper Inspections 29 12 13 9 63
YTD Oshtemo Inspections 1210 616 642 451 2919
YTD Cooper Inspections 385 180 172 100 837
Total Inspections 133 66 69 41 309
YTD Total Inspections 1595 796 814 551 3756
Permit Revenue
Inspections
0
100
200
300
400
500
600
$0.00
$20,000.00
$40,000.00
$60,000.00
$80,000.00
$100,000.00
2021 Revenue by Month 2022 Revenue by Month
2021 Inspections by Month 2022 Inspections by Month
Printed 11/14/2022 at 9:29 AM
I:\Board Meetings\01 TEMPLATES\Revenue & Inspections Report
2022-11-17 SMBA Board Packet | Page 5 of 69
SOUTHWEST MICHIGAN BUILDING AUTHORITY BANK BALANCE REPORT
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2021 $503,222.53 $523,735.52 $538,097.75 $534,031.68 $547,884.78 $585,009.74 $582,810.88 $605,716.44 $651,192.93 $663,095.00 $660,676.17 $656,042.63
2022 $626,707.80 $625,317.91 $612,116.01 $617,783.73 $631,620.06 $664,256.90 $650,949.16 $632,887.00 $641,190.97 $618,300.31 $604,668.52
$0.00
$100,000.00
$200,000.00
$300,000.00
$400,000.00
$500,000.00
$600,000.00
$700,000.00
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Bank Account Balance by Month
2021 2022
Printed 11/14/2022 at 9:29 AM
I:\Board Meetings\01 TEMPLATES\Revenue & Inspections Report
2022-11-17 SMBA Board Packet | Page 6 of 69
Due Date 1099 Net Amount
City/State/Zip Disc. Date Disc. % Sep CK Discount
Ref # Address CK Run Date PO Hold Gross Amount
Vendor Code Vendor name Post Date Invoice Bank Invoice Description
11/14/2022 09:22 AM INVOICE APPROVAL BY INVOICE REPORT FOR SOUTHWEST MICHIGAN BUILDING AUTHORITY Page: 1/5
User: kgibson
DB: Smba
POST DATES 10/24/2022 – 11/14/2022
BOTH JOURNALIZED AND UNJOURNALIZED
PAID
GL NUMBER DESCRIPTION AMOUNT
Paid
11/29/2022 N 19.84
SEATTLE WA, 98124-5184 / / 0.0000 Y 0.00
2159 PO BOX 035184 10/31/2022 N 19.84
AMAZON AMAZON CAPITAL SERVICES 10/31/2022 114Q-NCLD-PG67 SWBA SUPPLIES
569-273-72700 STAMP DISPENSERS (2 PK) 19.84
GL NUMBER DESCRIPTION AMOUNT
Paid
12/08/2022 N 47.96
SEATTLE WA, 98124-5184 / / 0.0000 N 0.00
2167 PO BOX 035184 11/09/2022 N 47.96
AMAZON AMAZON CAPITAL SERVICES 11/09/2022 1F1V-L4TT-DKJ9 SWBA SUPPLIES
569-273-72700 BREAKAWAY LANYARDS PK 100 27.99
569-273-72700 BADGE HOLDERS PK 100 13.98
569-273-72700 SHIPPING 5.99
47.96
VENDOR TOTAL: 67.80
GL NUMBER DESCRIPTION AMOUNT
Paid
12/01/2022 N 2,372.71
CHICAGO IL, 60680-9113 / / 0.0000 N 0.00
2161 PO BOX 809113 11/01/2022 N 2,372.71
AUNALYTICS AUNALYTICS, INC 11/01/2022 29972166 SWBA CLOUD HOSTING SERVICES DEC 2022
569-273-80900 IT / Infrastructure 2,372.71
VENDOR TOTAL: 2,372.71
2022-11-17 SMBA Board Packet | Page 7 of 69
Due Date 1099 Net Amount
City/State/Zip Disc. Date Disc. % Sep CK Discount
Ref # Address CK Run Date PO Hold Gross Amount
Vendor Code Vendor name Post Date Invoice Bank Invoice Description
11/14/2022 09:22 AM INVOICE APPROVAL BY INVOICE REPORT FOR SOUTHWEST MICHIGAN BUILDING AUTHORITY Page: 2/5
User: kgibson
DB: Smba
POST DATES 10/24/2022 – 11/14/2022
BOTH JOURNALIZED AND UNJOURNALIZED
PAID
GL NUMBER DESCRIPTION AMOUNT
Paid
11/09/2022 N 330.00
ANN ARBOR MI, 48104-1354 / / 0.0000 N 0.00
CODE ENFORCEMENT SERVICES DIVISION 11/09/2022 N 330.00
117 N 1ST ST STE 70
2168
CWA CARLISLE WORTMAN ASSOCIATES 11/09/2022 2167070 SWBA REVIEW PB22-05-0580 3680 STADIUM PARK WA569-273-80500 Plan Review 330.00
GL NUMBER DESCRIPTION AMOUNT
Paid
11/09/2022 N 420.00
ANN ARBOR MI, 48104-1354 / / 0.0000 N 0.00
CODE ENFORCEMENT SERVICES DIVISION 11/09/2022 N 420.00
117 N 1ST ST STE 70
2171
CWA CARLISLE WORTMAN ASSOCIATES 11/09/2022 2167072 SWBA REVIEW PB22-05-0071 5130 W MAIN ST KIDS 569-273-80500 Plan Review 420.00
GL NUMBER DESCRIPTION AMOUNT
Paid
11/09/2022 N 120.00
ANN ARBOR MI, 48104-1354 / / 0.0000 N 0.00
CODE ENFORCEMENT SERVICES DIVISION 11/09/2022 N 120.00
117 N 1ST ST STE 70
2169
CWA CARLISLE WORTMAN ASSOCIATES 11/09/2022 2167073 SWBA REVIEW PB22-05-0164 5160 W MAIN ST ASPE569-273-80500 Plan Review 120.00
GL NUMBER DESCRIPTION AMOUNT
Paid
11/09/2022 N 390.00
ANN ARBOR MI, 48104-1354 / / 0.0000 N 0.00
CODE ENFORCEMENT SERVICES DIVISION 11/09/2022 N 390.00
117 N 1ST ST STE 70
2170
CWA CARLISLE WORTMAN ASSOCIATES 11/09/2022 2167074 SWBA REVIEW PB22-05-0574 7504 STADIUM DR OFF569-273-80500 Plan Review 390.00
VENDOR TOTAL: 1,260.00
2022-11-17 SMBA Board Packet | Page 8 of 69
Due Date 1099 Net Amount
City/State/Zip Disc. Date Disc. % Sep CK Discount
Ref # Address CK Run Date PO Hold Gross Amount
Vendor Code Vendor name Post Date Invoice Bank Invoice Description
11/14/2022 09:22 AM INVOICE APPROVAL BY INVOICE REPORT FOR SOUTHWEST MICHIGAN BUILDING AUTHORITY Page: 3/5
User: kgibson
DB: Smba
POST DATES 10/24/2022 – 11/14/2022
BOTH JOURNALIZED AND UNJOURNALIZED
PAID
GL NUMBER DESCRIPTION AMOUNT
Paid
11/02/2022 Y 1,550.00
KALAMAZOO MI, 49009-8911 / / 0.0000 N 0.00
2162 6323 WINDDRIFT AVE 11/02/2022 N 1,550.00
GHECKMAN GARYAIRE, LLC 11/02/2022 2022-11-02-1 SWBA PLUMBING / MECHANICAL INSPECTIONS
569-273-80400 Plumbing Inspector 550.00
569-273-80300 Mechanical Inspector 950.00
569-273-80200 Electrical Inspector 50.00
1,550.00
VENDOR TOTAL: 1,550.00
GL NUMBER DESCRIPTION AMOUNT
Paid
10/27/2022 N 30.00
KALAMAZOO MI, 49009-5469 / / 0.0000 N 0.00
2158 2615 W F AVE 10/27/2022 N 30.00
LSTEHOUWER LARRY STEHOUWER 10/27/2022 2022-10-27-1 SWBA BOARD MEETING ATTENDANCE 2022-10-27
569-273-70204 2022-10-27 30.00
VENDOR TOTAL: 30.00
GL NUMBER DESCRIPTION AMOUNT
Paid
11/22/2022 N 1,054.80
KALAMAZOO MI, 49009-1332 / / 0.0000 N 0.00
2172 811 S DRAKE RD 11/09/2022 N 1,054.80
VISA MERCANTILE VISA 11/09/2022 2022-11-09-1 SWBA VISA BILL OCT 2022
569-273-86000 GAS 159.00
569-273-86000 CAR WASH MONTHLY SUBSCRIPTION 29.99
569-273-80901 COGNITO FORMS SUBSCRIPTION 135.00
569-273-72700 SUPPLIES 64.85
569-273-72800 POSTAGE / SHIPPING 9.90
569-273-71103 GARRETT COCM HOTEL 530.10
569-273-71103 GARRETT COCM FOOD 125.96
1,054.80
VENDOR TOTAL: 1,054.80
2022-11-17 SMBA Board Packet | Page 9 of 69
Due Date 1099 Net Amount
City/State/Zip Disc. Date Disc. % Sep CK Discount
Ref # Address CK Run Date PO Hold Gross Amount
Vendor Code Vendor name Post Date Invoice Bank Invoice Description
11/14/2022 09:22 AM INVOICE APPROVAL BY INVOICE REPORT FOR SOUTHWEST MICHIGAN BUILDING AUTHORITY Page: 4/5
User: kgibson
DB: Smba
POST DATES 10/24/2022 – 11/14/2022
BOTH JOURNALIZED AND UNJOURNALIZED
PAID
GL NUMBER DESCRIPTION AMOUNT
Paid
11/02/2022 Y 1,850.00
COLDWATER MI, 49036-9553 / / 0.0000 N 0.00
2163 426 SARAH LN 11/02/2022 N 1,850.00
TTHATCHER MP SERVICES LLC 11/02/2022 2022-11-02-2 SWBA MECHANICAL / PLUMBING INSPECTIONS
569-273-80300 Mechanical Inspector 1,250.00
569-273-80400 Plumbing Inspector 600.00
1,850.00
VENDOR TOTAL: 1,850.00
GL NUMBER DESCRIPTION AMOUNT
Paid
11/02/2022 N 10,000.00
KALAMAZOO MI, 49009-8210 / / 0.0000 N 0.00
2165 7275 W MAIN ST 11/02/2022 N 10,000.00
OSHTEMO OSHTEMO TOWNSHIP 11/02/2022 10165 SWBA REIMBURSE FOR FIREDYNE FS PLAN REVIEW T569-273-80800 Legal Fees 10,000.00
VENDOR TOTAL: 10,000.00
GL NUMBER DESCRIPTION AMOUNT
Paid
10/26/2022 N 149.18
CHICAGO IL, 60680-2815 / / 0.0000 N 0.00
2157 PO BOX 802815 10/24/2022 N 149.18
RICOH RICOH 10/24/2022 5065810542 SWBA SEP 2022 CONTRACT # 4470926
569-273-95600 MPC2504 BASE 2022-10-15 TO 2022-11-14 15.41
569-273-95600 MPC2504 BW READ 3.85
569-273-95600 MPC2504 COLOR READ 129.92
149.18
VENDOR TOTAL: 149.18
2022-11-17 SMBA Board Packet | Page 10 of 69
Due Date 1099 Net Amount
City/State/Zip Disc. Date Disc. % Sep CK Discount
Ref # Address CK Run Date PO Hold Gross Amount
Vendor Code Vendor name Post Date Invoice Bank Invoice Description
11/14/2022 09:22 AM INVOICE APPROVAL BY INVOICE REPORT FOR SOUTHWEST MICHIGAN BUILDING AUTHORITY Page: 5/5
User: kgibson
DB: Smba
POST DATES 10/24/2022 – 11/14/2022
BOTH JOURNALIZED AND UNJOURNALIZED
PAID
GL NUMBER DESCRIPTION AMOUNT
Paid
11/09/2022 N 200.00
PORTAGE MI, 49002-0507 / / 0.0000 N 0.00
2166 246 E KILGORE RD 11/09/2022 N 200.00
SIEGFRIED SIEGFRIED CRANDALL PC 11/09/2022 110399 SWBA ACCOUNTING SERVICES OCT 2022
569-273-80700 Accounting / Audit Fees 200.00
VENDOR TOTAL: 200.00
GL NUMBER DESCRIPTION AMOUNT
Paid
11/14/2022 N 51.00
CINCINNATI OH, 45274-2596 / / 0.0000 N 0.00
2160 PO BOX 742596 11/01/2022 N 51.00
TMOBILE T-MOBILE 11/01/2022 977195739 SWBA MOBILE HOTSPOT USAGE OCT 2022
569-273-80900 IT / Infrastructure 51.00
VENDOR TOTAL: 51.00
GL NUMBER DESCRIPTION AMOUNT
Paid
11/02/2022 Y 4,100.00
MATTAWAN MI, 49071-9746 / / 0.0000 N 0.00
2164 38159 24TH ST 11/02/2022 N 4,100.00
WWILCOX WILLIAM WILCOX 11/02/2022 2022-11-02-3 SWBA ELECTRICAL INSPECTIONS
569-273-80200 Electrical Inspector 1,850.00
569-273-80100 Building Inspector 2,200.00
569-273-80100 Building Inspector 50.00
4,100.00
VENDOR TOTAL: 4,100.00
TOTAL – ALL VENDORS: 22,685.49
2022-11-17 SMBA Board Packet | Page 11 of 69
Fund Item Amount
11/14/2022 09:24 AM Page 1 of 1
For Journal Entries with Post Dates Between 10/24/2022 and 11/14/2022
Journal Totals By Fund Report
Total Payroll: 8,079.85
Net Payment: 5,094.87
Gross Payment: 7,034.41
569
Pay Codes Amount
HOURLY 2,190.92
OPT-OUT 167.52
PHONE 145.37
PTO 1,358.08
SALARY 1,232.98
Pay Code Totals: 5,094.87
Deductions Amount
FITW 379.28
HSA_EE 200.00
MEDICARE_EE 96.92
PENSION_EE_PRE 60.07
PENSION_EE_ROTH 489.99
SITW 298.84
SOCSEC_EE 414.44
Deduction Totals: 1,939.54
Expenses Amount
MEDICARE_ER 96.92
PENSION_ER 267.04
PENSION_ER_MTCH 267.04
SOCSEC_ER 414.44
Expense Totals: 1,045.44
2022-11-17 SMBA Board Packet | Page 12 of 69
11/14/2022 09:23 AM REVENUE AND EXPENDITURE REPORT FOR SOUTHWEST MICHIGAN BUILDING AUTHORITY Page: 1/2
User: kgibson
DB: Smba
PERIOD ENDING 11/30/2022
% Fiscal Year Completed: 91.51
% BDGT
USED
AVAILABLE
BALANCE
ACTIVITY FOR
MONTH
11/30/2022
YTD BALANCE
11/30/2022
2022
GL NUMBER DESCRIPTION AMENDED BUDGET
Fund 569 – Building Authority
Revenues
Dept 000 – A&L, Balance Sheet Accounts
569-000-99999 Carryover 0.00 0.00 0.00 0.00 0.00
Total Dept 000 – A&L, Balance Sheet Accounts 0.00 0.00 0.00 0.00 0.00
Dept 272 – Revenue Accounts
569-272-49100 Building Permits 200,000.00 167,460.57 3,508.00 32,539.43 83.73
569-272-49200 Electrical Permits 50,000.00 35,146.00 394.00 14,854.00 70.29
569-272-49300 Mechanical Permits 50,000.00 46,468.75 857.00 3,531.25 92.94
569-272-49400 Plumbing Permits 25,000.00 19,103.00 0.00 5,897.00 76.41
569-272-49500 Annual Permits 0.00 500.00 0.00 (500.00) 100.00
569-272-60701 FOIA Fees 500.00 301.40 0.00 198.60 60.28
569-272-62600 Building Services to Others 0.00 0.00 0.00 0.00 0.00
569-272-62701 Building Inspections 85,000.00 49,580.00 800.00 35,420.00 58.33
569-272-62702 Electrical Inspections 40,000.00 36,700.00 500.00 3,300.00 91.75
569-272-62703 Mechanical Inspections 45,000.00 39,950.00 900.00 5,050.00 88.78
569-272-62704 Plumbing Inspections 35,000.00 27,650.00 0.00 7,350.00 79.00
569-272-63000 Plan Review 70,000.00 29,511.75 3,090.00 40,488.25 42.16
569-272-66300 Bond Forfeitures and Bond Costs 0.00 0.00 0.00 0.00 0.00
569-272-66500 Interest on Investments 1,100.00 1,128.95 0.00 (28.95) 102.63
569-272-67300 Gain / Loss on Sale of Assets 0.00 0.00 0.00 0.00 0.00
569-272-67500 Miscellaneous 500.00 301.21 0.00 198.79 60.24
569-272-67700 Print / Copy Fees 0.00 0.00 0.00 0.00 0.00
569-272-67800 Shipping / Postage 0.00 0.00 0.00 0.00 0.00
Total Dept 272 – Revenue Accounts 602,100.00 453,801.63 10,049.00 148,298.37 75.37
TOTAL REVENUES 602,100.00 453,801.63 10,049.00 148,298.37 75.37
Expenditures
Dept 273 – Building Authority Expense Activity
569-273-70200 Salaries 181,814.00 151,108.40 6,676.07 30,705.60 83.11
569-273-70203 Building Board of Appeals 0.00 0.00 0.00 0.00 0.00
569-273-70204 Board Member At Large Stipend 360.00 300.00 0.00 60.00 83.33
569-273-71002 Health Insurance 51,000.00 50,012.53 0.00 987.47 98.06
569-273-71003 Disability / Life Insurance 2,160.00 1,913.42 0.00 246.58 88.58
569-273-71004 Work Comp Insurance 2,200.00 1,395.00 0.00 805.00 63.41
569-273-71005 Payroll Taxes – FICA 13,464.00 11,573.84 511.36 1,890.16 85.96
569-273-71006 HSA 7,270.00 7,257.00 0.00 13.00 99.82
569-273-71009 Pension Plan 14,080.00 13,364.19 534.08 715.81 94.92
569-273-71101 In Lieu of Insurance 5,420.00 4,583.48 208.34 836.52 84.57
569-273-71102 Clothing Allowance 1,500.00 264.00 0.00 1,236.00 17.60
569-273-71103 Education / Membership Dues 4,000.00 4,191.21 656.06 (191.21) 104.78
569-273-71200 Employee Appreciation 0.00 0.00 0.00 0.00 0.00
569-273-72700 Supplies 4,500.00 2,446.14 112.81 2,053.86 54.36
569-273-72800 Postage / Shipping 2,750.00 2,329.36 9.90 420.64 84.70
569-273-72900 General Insurance 9,400.00 8,818.00 0.00 582.00 93.81
569-273-80100 Building Inspector 10,000.00 10,900.00 2,250.00 (900.00) 109.00
569-273-80200 Electrical Inspector 40,000.00 36,050.00 1,900.00 3,950.00 90.13
569-273-80300 Mechanical Inspector 45,000.00 36,300.00 2,200.00 8,700.00 80.67
569-273-80400 Plumbing Inspector 35,000.00 24,700.00 1,150.00 10,300.00 70.57
569-273-80500 Plan Review 70,000.00 42,331.75 1,260.00 27,668.25 60.47
569-273-80600 Consultants 0.00 0.00 0.00 0.00 0.00
2022-11-17 SMBA Board Packet | Page 13 of 69
11/14/2022 09:23 AM REVENUE AND EXPENDITURE REPORT FOR SOUTHWEST MICHIGAN BUILDING AUTHORITY Page: 2/2
User: kgibson
DB: Smba
PERIOD ENDING 11/30/2022
% Fiscal Year Completed: 91.51
% BDGT
USED
AVAILABLE
BALANCE
ACTIVITY FOR
MONTH
11/30/2022
YTD BALANCE
11/30/2022
2022
GL NUMBER DESCRIPTION AMENDED BUDGET
Fund 569 – Building Authority
Expenditures
569-273-80700 Accounting / Audit Fees 10,500.00 7,665.00 200.00 2,835.00 73.00
569-273-80800 Legal Fees 28,000.00 22,980.00 10,000.00 5,020.00 82.07
569-273-80900 IT / Infrastructure 35,993.00 37,682.26 2,423.71 (1,689.26) 104.69
569-273-80901 IT / Software 15,000.00 5,482.59 135.00 9,517.41 36.55
569-273-80902 IT / Support 500.00 185.00 0.00 315.00 37.00
569-273-81000 New Hire Expenses 0.00 0.00 0.00 0.00 0.00
569-273-85000 Telephone 4,260.00 2,916.97 150.00 1,343.03 68.47
569-273-86000 Vehicle Gas / Maintenance 3,500.00 2,801.28 188.99 698.72 80.04
569-273-86100 Mileage 500.00 427.29 0.00 72.71 85.46
569-273-94000 Facility Rent 22,000.00 22,000.00 0.00 0.00 100.00
569-273-95500 Miscellaneous 600.00 483.45 0.00 116.55 80.58
569-273-95600 Equipment / Maintenance 2,000.00 2,044.01 0.00 (44.01) 102.20
569-273-96401 Refund of Overpayment 0.00 0.00 0.00 0.00 0.00
569-273-96500 Bank Service Charges 660.00 568.30 0.00 91.70 86.11
569-273-96800 Depreciation Expense 0.00 0.00 0.00 0.00 0.00
569-273-97100 Capital Outlay 17,650.00 13,675.56 0.00 3,974.44 77.48
569-273-97200 Capital Outlay – Vehicle 0.00 0.00 0.00 0.00 0.00
569-273-99300 Interest / Penalty 0.00 0.00 0.00 0.00 0.00
Total Dept 273 – Building Authority Expense Activity 641,081.00 528,750.03 30,566.32 112,330.97 82.48
TOTAL EXPENDITURES 641,081.00 528,750.03 30,566.32 112,330.97 82.48
NET OF REVENUES & EXPENDITURES (38,981.00) (74,948.40) (20,517.32) 35,967.40 192.27
TOTAL EXPENDITURES 641,081.00 528,750.03 30,566.32 112,330.97 82.48
TOTAL REVENUES 602,100.00 453,801.63 10,049.00 148,298.37 75.37
Fund 569 – Building Authority:
NET OF REVENUES & EXPENDITURES (38,981.00) (74,948.40) (20,517.32) 35,967.40 192.27
TOTAL EXPENDITURES – ALL FUNDS 641,081.00 528,750.03 30,566.32 112,330.97 82.48
TOTAL REVENUES – ALL FUNDS 602,100.00 453,801.63 10,049.00 148,298.37 75.37
2022-11-17 SMBA Board Packet | Page 14 of 69
x Amendment
x Adjustment
GL # Description Type Current Budget YTD Balance Amended
Budget
Amendment
Amount
569-272-67500 Miscellaneous Revenue $ 500.00 $ 2.12 $ 50.00 $ (450.00)
569-272-67700 Print / Copy Fees Revenue $ – $ 277.09 $ 400.00 $ 400.00
569-272-67800 Shipping / Postage Revenue $ – $ 22.00 $ 50.00 $ 50.00
$ –
$ –
$ –
$ –
569-273-95500 Miscellaneous Expenditure $ 600.00 $ – $ (600.00)
569-273-71200 Employee Appreciation Expenditure $ – $ 303.95 $ 605.00 $ 605.00
569-273-81000 New Hire Expenses Expenditure $ – $ 179.50 $ 179.50 $ 179.50
$ –
$ –
569-273-80900 IT / Infrastructure Expenditure $ 35,993.00 $ 37,682.26 $ 37,700.00 $ 1,707.00
$ –
569-273-80100 Building Inspector Expenditure $ 10,000.00 $ 10,900.00 $ 15,000.00 $ 5,000.00
$ –
569-273-71103 Education / Membership Dues Expenditure $ 4,000.00 $ 4,191.21 $ 4,200.00 $ 200.00
GL # Description Type
569-272-67500 Miscellaneous Revenue
569-272-67700 Print / Copy Fees Revenue
569-272-67800 Shipping / Postage Revenue
569-273-95500 Miscellaneous Expenditure
569-273-71200 Employee Appreciation Expenditure
569-273-81000 New Hire Expenses Expenditure $ 179.50
11/9/2022
Budget Amendment / Adjustment Request Form
Southwest Michigan Building Authority
Request Type: Requested By:
Kyle Gibson, Office Manager
Budget Amendment Request
Revenues ( $0.00 )
DR Amount CR Amount
$ 299.09
Expenditures ( $7,091.50 )
To reclassify existing revenue and expenses out of the miscellaneous accounts into newly-created general ledger accounts, and amend
the budget to provide for said revenue and expenses.
To account for greater than expected contract costs. To account for greater than expected fall COCM conference costs.
Budget Adjustment Request
Totals $ 782.54 $ 782.54
$ 277.09
$ 22.00
$ 483.45
$ 303.95
Describe Reason for Request:
I:\Board Meetings\2022\2022-11-17\04c November 2022 Budget Adjustments & Amendments 1 of 1
2022-11-17 SMBA Board Packet | Page 15 of 69
SOUTHWEST MICHIGAN BUILDING AUTHORITY (SMBA)
KALAMAZOO COUNTY, MICHIGAN
NOTICE OF PUBLIC BOARD MEETINGS IN 2023
PLEASE TAKE NOTICE that the Board of Directors of the Southwest Michigan Building Authority will conduct a regular
meeting on the 4th Thursday of every month commencing at 8:30am (unless otherwise noted with an “*” below). The
following meetings shall occur in-person at the Oshtemo Township Hall located at 7275 W MAIN ST, KALAMAZOO MI
49009. Unless otherwise noticed, there will be no remote / hybrid component available to the public.
The meetings will take place in either the Public Meeting Room, or the North Conference Room; signage shall be posted
on the day of the meeting directing the public to the appropriate space.
The public can contact members of the SMBA Board to provide public comments or ask questions prior to the start of a
public meeting by contacting the Board Secretary via email at kgibson@swmiba.org, or by phone at 269-585-4154.
Meeting Dates:
– * January 19, 2023
– February 23, 2023
– March 23, 2023
– April 27, 2023
– May 25, 2023
– June 22, 2023
– July 27, 2023
– August 24, 2023
– September 28, 2023
– October 26, 2023
– * November 16, 2023
– * December 14, 2023
Agenda & Packet Information:
The agenda and board packet will be posted online at https://swmiba.org/board-information/
at least two hours prior to the start of each meeting. Hard copies will be made available to members of the public upon
request.
The Southwest Michigan Building Authority will provide necessary reasonable auxiliary aids and services, such as
signers for the hearing impaired and audio tapes of printed materials being considered at the meeting, to
individuals with disabilities at the meeting/hearing upon request and with reasonable notice. Individuals with
disabilities requiring auxiliary aids or services should contact the Authority.
KYLE GIBSON, BOARD SECRETARY
SOUTHWEST MICHIGAN BUILDING AUTHORITY
Southwest Michigan Building Authority Offices
Located within the Oshtemo Charter Township Hall
7275 W Main St
Kalamazoo, MI 49009
269-585-4150
Date of Posting: YYYY-MM-DD
2022-11-17 SMBA Board Packet | Page 16 of 69
2022-11-17 SMBA Board Packet | Page 17 of 69
2022-11-17 SMBA Board Packet | Page 18 of 69
2022-11-17 SMBA Board Packet | Page 19 of 69
2022-11-17 SMBA Board Packet | Page 20 of 69
2022-11-17 SMBA Board Packet | Page 21 of 69
2022-11-17 SMBA Board Packet | Page 22 of 69
2022-11-17 SMBA Board Packet | Page 23 of 69
2022-11-17 SMBA Board Packet | Page 24 of 69
2022-11-17 SMBA Board Packet | Page 25 of 69
2022-11-17 SMBA Board Packet | Page 26 of 69
2022-11-17 SMBA Board Packet | Page 27 of 69
2022-11-17 SMBA Board Packet | Page 28 of 69
2022-11-17 SMBA Board Packet | Page 29 of 69
2022-11-17 SMBA Board Packet | Page 30 of 69
2022-11-17 SMBA Board Packet | Page 31 of 69
2022-11-17 SMBA Board Packet | Page 32 of 69
2022-11-17 SMBA Board Packet | Page 33 of 69
2022-11-17 SMBA Board Packet | Page 34 of 69
2022-11-17 SMBA Board Packet | Page 35 of 69
2022-11-17 SMBA Board Packet | Page 36 of 69
SOUTHWEST MICHIGAN BUILDING AUTHORITY
KALAMAZOO COUNTY, MICHIGAN
A RESOLUTION OF THE BOARD OF DIRECTORS
#2022-05
ON THE 17TH OF NOVEMBER, 2022
REGARDING THE ADOPTION OF A BUDGET FOR FISCAL YEAR 2023
WHEREAS, in accordance with the Interlocal State Construction Code Enforcement and
Administration Agreement made by and between the Participating Local Units as defined
therein the Southwest Michigan Building Authority (“Authority”) must prepare an annual
budget for the anticipated cost of its operation; and
WHEREAS, the Authority must submit that budget to each Participating Local Unit for its
approval on or before November 1st of each year; and
WHEREAS, the Board of Directors has reviewed and approved a budget consisting of total
estimated revenues of $562,300, total estimated appropriations of $558,016, resulting in an
estimated net surplus of $4,284 at the October 27, 2022 regular meeting of the same; and
WHEREAS, the Board of Trustees of Cooper Charter Township, a Participating Local Unit, has
reviewed and approved the same budget at its November 14, 2022 regular meeting; and
WHEREAS, the Board of Trustees of Oshtemo Charter Township, a Participating Local Unit, has
reviewed and approved the same budget at its October 25, 2022 regular meeting; and
2022-11-17 SMBA Board Packet | Page 37 of 69
WHEREAS, the Board of Directors must adopt the budget as approved by the Participating Local
Units; and
WHEREAS, no changes were requested by the Participating Local Units.
NOW, THEREFORE, BE IT HEREBY RESOLVED:
That the Fiscal Year 2023 budget of the Authority is adopted.
A motion was made by ___________________ and supported by _________________ to adopt
the foregoing resolution.
Upon a roll call vote, the following voted “Yes”:
The following were absent:
Chairperson Dusty Farmer declared the motion carried ___-___, and the resolution duly
adopted.
CERTIFICATE
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted
at a regular meeting of the Southwest Michigan Building Authority Board of Directors held on
November 17, 2022; that the meeting was held in accordance with the Open Meetings Act of
the state of Michigan; that the minutes of said meeting have been or will be published in
accordance with the Open Meetings Act of the state of Michigan.
_______________________________
KYLE GIBSON
BOARD SECRETARY
SOUTHWEST MICHIGAN BUILDING AUTHORITY
2022-11-17 SMBA Board Packet | Page 38 of 69
Page 1 of 6
INDEPENDENT CONTRACTED INSPECTOR AGREEMENT
This Agreement is made by and between the Southwest Michigan Building
Authority (hereafter “SMBA” or “Authority”), whose principal business address is 7275 W
Main St., Kalamazoo, MI 49009, and ADAM J DAHLGREN (hereafter “Inspector”),
whose principal business address is 21670 SHIAWASSEE RD, CASSOPOLIS MI
49031, and are collectively, the “Parties”.
The Parties agree under the following terms and conditions.
RELATIONSHIP
The Authority contracts with the Inspector as an independent contractor. The
terms of the Agreement shall not be construed to imply the creation or existence of an
employee-employer relationship.
TERM AND SEPARATION
The Term of this Agreement is defined for a period of one (1) year, beginning on
January 1, 2023, and ending on December 31, 2023, unless otherwise terminated
pursuant to the terms of this Agreement.
The Inspector serves at the pleasure of the SMBA Board of Directors (hereafter,
“Board”), and the Agreement may be terminated at any time with or without cause prior
to or during the term of the Agreement as defined herein.
Should the Authority terminate the Agreement without cause, the Authority shall
provide at least thirty (30) days’ notice to the Inspector in writing.
Should the Authority terminate the Agreement with cause, which includes but is
not limited to misfeasance, malfeasance, and nonfeasance, such termination shall be
effective on the date written notice of termination is delivered to the Inspector.
Should the Inspector voluntarily terminate the Agreement with the Authority, the
Inspector shall provide thirty (30) days’ advance notice in writing of the intent to
terminate the Agreement. The Inspector shall continue to perform all duties set forth in
this Agreement until the effective date of termination of the Agreement.
Under no circumstances shall the Inspector be entitled to any additional
compensation outside of the terms of this Agreement.
HOLDOVER CLAUSE
In the event that the Board fails to renew this Agreement for a subsequent term
at the end of the Term of this Agreement, the provisions of this Agreement shall
continue in full effect on a month-to-month basis until a new agreement is made
between the Parties, provided that: (1) The Board has not provided notice of termination
to the Inspector as required by the Agreement; (2) The Inspector remains in full
2022-11-17 SMBA Board Packet | Page 39 of 69
Page 2 of 6
compliance with the Agreement; and (3) Continues to perform their duties in a
satisfactory manner.
The purpose of this clause is to ensure that the Authority’s ability to serve its
participating local units is not interrupted, and does not negate the Authority’s desire to
limit the Agreement to the prescribed Term to the fullest extent possible.
POSITION AND DUTIES
The Inspector shall cooperate with the Authority under the supervision of the
Building Official.
The Inspector shall, to the best of their ability and within the terms of this
Agreement, perform inspections, review plans, make reports, and provide technical
assistance to the Authority.
The Inspector shall keep and supply accurate accountings to the Authority of
inspections performed, the results of said inspections, and any violations discovered
during the course of the inspections.
The Inspector shall appear in court or at SMBA meetings at the request of the
Authority if deemed necessary to protect the health, safety, and welfare of the public, for
which the Inspector shall be compensated at an hourly rate as defined in this
Agreement.
The Inspector shall maintain a valid cell phone number where the Authority or
members of the public can reach the Inspector during the official business hours held by
the Authority on the days when the Inspector is scheduled to provide services to the
Authority.
The Inspector may elect to hold office hours at the Authority’s place of business
as needed at the Inspector’s discretion.
The Authority shall provide the Inspector with means to access the Authority’s
computer network and systems for the purposes of receiving inspection assignments,
performing technical research relating to inspections or plan reviews assigned by the
Authority, recording inspection results and any violations found during a given
inspection.
All inspections and plan reviews performed by Inspector under the terms of this
Agreement shall conform to the currently adopted building codes as set forth by the
State of Michigan, as well as all applicable local laws and ordinances.
LICENSE
At all times and with no exception, Inspector shall possess a valid license to
perform the duties as described herein and be registered as required by State law, and
shall also maintain compliance with all other Federal, State, and local laws and
ordinances as applicable and required to carry out the business of the Authority under
2022-11-17 SMBA Board Packet | Page 40 of 69
Page 3 of 6
this Agreement. If at any time the Inspector no longer possess a valid license or
registration to perform the duties assigned by the Authority under the terms of this
Agreement, they shall immediately notify the Building Official and cease all operations
under this Agreement. If the matter is not resolved within a reasonable period of time,
the failure of the Inspector to possess a valid license or registration shall be cause for
termination of this Agreement, subject to the terms outlined herein.
FEES
In consideration of services to be rendered by Inspector to the Authority, the
Parties agree to the follow schedule of compensation:
– $50 per inspection performed at the direction of the Authority and under the
terms of this Agreement. The Inspector must enter the results of all inspections
as directed by the Authority in order to receive compensation. The Inspector
shall not receive compensation for inspections which were scheduled, but not
performed. If an inspection is canceled after the Inspector has already attempted
to perform the Inspection and was locked out, refused entry, or similar, the
Inspector shall be entitled to compensation.
– $50 per hour spent performing plan review at the direction of the Authority and
under the terms of this Agreement.
– $50 per hour for attendance at SMBA meetings or court appearances as required
under the terms of this Agreement.
– $50 per hour for consultations requested by the Authority in writing.
The Inspector shall submit an invoice to the Authority on a bi-weekly basis
detailing the date of inspection, address of inspection, type of inspection performed, and
result of inspection. The inspector shall submit separate invoice(s) for plan review,
meeting attendance, consultations, or other claims for compensation under the terms of
this Agreement.
PAYMENT OF FEES
The Authority shall remit payment for invoices received from the Inspector on a
bi-weekly basis.
Payments made by the Authority to the Inspector under the terms of this
Agreement shall be made in the form of a check issued to the Inspector. The Inspector
may elect to have such payments mailed to the address listed on IRS Form W9, or to
pick up the check from the Authority’s office.
The Inspector shall provide to the Authority a completed IRS Form W9 prior to
the start of the term of this Agreement as defined herein. The Inspector shall ensure
that a complete and accurate IRS Form W9 is provided to the Authority any time the
information contained in that Form changes.
2022-11-17 SMBA Board Packet | Page 41 of 69
Page 4 of 6
The Inspector is responsible for maintaining accurate contact information on file
with the Authority. The Authority is not responsible for processing delays caused by the
provision of incomplete or inaccurate information to the Authority by the Inspector.
BENEFITS, TAXES, BUSINESS EXPENSES
The Parties agree that the Inspector is engaged in the Inspector’s own
independently established business.
The Authority is not responsible for and will not withhold or pay payroll or
employment taxes of any kind. Because the Inspector is an independent business and
not an employee of SMBA, the Inspector is not eligible for any benefits offered to the
employees of the Authority.
The Inspector shall be personally responsible for all ordinary and necessary
business expenses incurred while performing services to the Authority under the terms
of this Agreement. Such expenses may for example include mileage, office supplies,
personal protective equipment, postage, etc. The Authority shall not be liable to the
Inspector for any expenses paid or incurred by the Inspector unless otherwise agreed to
in writing by the Board.
INSURANCE
The Inspector shall provide to the Authority proof of liability insurance with a
minimum of one million dollars ($1,000,000) in coverage.
The Inspector shall provide to the Authority proof of auto personal injury /
property protection coverage with minimum amounts of five hundred thousand dollars
($500,000) / five hundred thousand dollars ($500,000).
The Inspector shall comply with all applicable Worker’s compensation law. Proof
of Worker’s Compensation insurance shall be provided to the Authority, except when
the Inspector operates as a sole proprietorship and provides satisfactory documentation
of such to the Authority, or when the Inspector operates as a limited liability company
and provides a form WC-337 from the Worker’s Compensation Agency, evidencing its
exclusion from Worker’s Compensation coverage.
INDEMNIFICATION
The Inspector agrees to indemnify and hold the Authority and its Board of
Directors, members, employees, or agents harmless from any and all suits, claims,
damages, costs, and expenses of every kind and nature which may or might be
asserted against the Authority and its Board of Directors, members, employees, or
agents by another or others resulting directly or indirectly from the acts or omissions by
the Inspector.
RETURN OF MATERIALS
2022-11-17 SMBA Board Packet | Page 42 of 69
Page 5 of 6
The Inspector acknowledges that all equipment, files, records, lists, books,
computer printouts, software, manuals, financial information and all other documents
relating to the Authority will be returned to SMBA upon termination of the contract.
LAWS OF MICHIGAN
This Agreement shall be governed by the laws of the State of Michigan. Any
action brought to enforce the terms of the Agreement or to remedy violations of the
Agreement be brought in Kalamazoo County, and the Parties submit themselves to that
jurisdiction.
ENTIRE AGREEMENT
This is the entire agreement of the parties, and no other representations,
promises, or agreements, oral or otherwise, shall be of any force or effect. The terms of
this Agreement may only be altered in writing, signed by authorized representatives of
the Inspector and the Authority upon approval of the SMBA Board of Directors.
[Signature Page Follows]
2022-11-17 SMBA Board Packet | Page 43 of 69
Page 6 of 6
IN WITNESS WHEREOF, the Parties have executed this agreement on the latter of the
signatory dates below.
SOUTHWEST MICHIGAN BUILDING AUTHORITY
By: _____________________________ ____________________
KYLE GIBSON Date of Signing
Its: BOARD SECRETARY
AND
By: _____________________________ ____________________
GARRETT REITENOUR Date of Signing
Its: BUILDING OFFICIAL
INSPECTOR
By: _____________________________ ____________________
ADAM J DAHLGREN Date of Signing
Its: SOLE PROPRIETOR
2022-11-17 SMBA Board Packet | Page 44 of 69
Page 1 of 6
INDEPENDENT CONTRACTED INSPECTOR AGREEMENT
This Agreement is made by and between the Southwest Michigan Building
Authority (hereafter “SMBA” or “Authority”), whose principal business address is 7275 W
Main St., Kalamazoo, MI 49009, and GARYAIRE, LLC (hereafter “Inspector”), whose
principal business address is 6323 WINDDRIFT AVE, KALAMAZOO MI 49009, and are
collectively, the “Parties”.
The Parties agree under the following terms and conditions.
RELATIONSHIP
The Authority contracts with the Inspector as an independent contractor. The
terms of the Agreement shall not be construed to imply the creation or existence of an
employee-employer relationship.
TERM AND SEPARATION
The Term of this Agreement is defined for a period of one (1) year, beginning on
January 1, 2023, and ending on December 31, 2023, unless otherwise terminated
pursuant to the terms of this Agreement.
The Inspector serves at the pleasure of the SMBA Board of Directors (hereafter,
“Board”), and the Agreement may be terminated at any time with or without cause prior
to or during the term of the Agreement as defined herein.
Should the Authority terminate the Agreement without cause, the Authority shall
provide at least thirty (30) days’ notice to the Inspector in writing.
Should the Authority terminate the Agreement with cause, which includes but is
not limited to misfeasance, malfeasance, and nonfeasance, such termination shall be
effective on the date written notice of termination is delivered to the Inspector.
Should the Inspector voluntarily terminate the Agreement with the Authority, the
Inspector shall provide thirty (30) days’ advance notice in writing of the intent to
terminate the Agreement. The Inspector shall continue to perform all duties set forth in
this Agreement until the effective date of termination of the Agreement.
Under no circumstances shall the Inspector be entitled to any additional
compensation outside of the terms of this Agreement.
HOLDOVER CLAUSE
In the event that the Board fails to renew this Agreement for a subsequent term
at the end of the Term of this Agreement, the provisions of this Agreement shall
continue in full effect on a month-to-month basis until a new agreement is made
between the Parties, provided that: (1) The Board has not provided notice of termination
to the Inspector as required by the Agreement; (2) The Inspector remains in full
2022-11-17 SMBA Board Packet | Page 45 of 69
Page 2 of 6
compliance with the Agreement; and (3) Continues to perform their duties in a
satisfactory manner.
The purpose of this clause is to ensure that the Authority’s ability to serve its
participating local units is not interrupted, and does not negate the Authority’s desire to
limit the Agreement to the prescribed Term to the fullest extent possible.
POSITION AND DUTIES
The Inspector shall cooperate with the Authority under the supervision of the
Building Official.
The Inspector shall, to the best of their ability and within the terms of this
Agreement, perform inspections, review plans, make reports, and provide technical
assistance to the Authority.
The Inspector shall keep and supply accurate accountings to the Authority of
inspections performed, the results of said inspections, and any violations discovered
during the course of the inspections.
The Inspector shall appear in court or at SMBA meetings at the request of the
Authority if deemed necessary to protect the health, safety, and welfare of the public, for
which the Inspector shall be compensated at an hourly rate as defined in this
Agreement.
The Inspector shall maintain a valid cell phone number where the Authority or
members of the public can reach the Inspector during the official business hours held by
the Authority on the days when the Inspector is scheduled to provide services to the
Authority.
The Inspector may elect to hold office hours at the Authority’s place of business
as needed at the Inspector’s discretion.
The Authority shall provide the Inspector with means to access the Authority’s
computer network and systems for the purposes of receiving inspection assignments,
performing technical research relating to inspections or plan reviews assigned by the
Authority, recording inspection results and any violations found during a given
inspection.
All inspections and plan reviews performed by Inspector under the terms of this
Agreement shall conform to the currently adopted building codes as set forth by the
State of Michigan, as well as all applicable local laws and ordinances.
LICENSE
At all times and with no exception, Inspector shall possess a valid license to
perform the duties as described herein and be registered as required by State law, and
shall also maintain compliance with all other Federal, State, and local laws and
ordinances as applicable and required to carry out the business of the Authority under
2022-11-17 SMBA Board Packet | Page 46 of 69
Page 3 of 6
this Agreement. If at any time the Inspector no longer possess a valid license or
registration to perform the duties assigned by the Authority under the terms of this
Agreement, they shall immediately notify the Building Official and cease all operations
under this Agreement. If the matter is not resolved within a reasonable period of time,
the failure of the Inspector to possess a valid license or registration shall be cause for
termination of this Agreement, subject to the terms outlined herein.
FEES
In consideration of services to be rendered by Inspector to the Authority, the
Parties agree to the follow schedule of compensation:
– $50 per inspection performed at the direction of the Authority and under the
terms of this Agreement. The Inspector must enter the results of all inspections
as directed by the Authority in order to receive compensation. The Inspector
shall not receive compensation for inspections which were scheduled, but not
performed. If an inspection is canceled after the Inspector has already attempted
to perform the Inspection and was locked out, refused entry, or similar, the
Inspector shall be entitled to compensation.
– $50 per hour spent performing plan review at the direction of the Authority and
under the terms of this Agreement.
– $50 per hour for attendance at SMBA meetings or court appearances as required
under the terms of this Agreement.
– $50 per hour for consultations requested by the Authority in writing.
The Inspector shall submit an invoice to the Authority on a bi-weekly basis
detailing the date of inspection, address of inspection, type of inspection performed, and
result of inspection. The inspector shall submit separate invoice(s) for plan review,
meeting attendance, consultations, or other claims for compensation under the terms of
this Agreement.
PAYMENT OF FEES
The Authority shall remit payment for invoices received from the Inspector on a
bi-weekly basis.
Payments made by the Authority to the Inspector under the terms of this
Agreement shall be made in the form of a check issued to the Inspector. The Inspector
may elect to have such payments mailed to the address listed on IRS Form W9, or to
pick up the check from the Authority’s office.
The Inspector shall provide to the Authority a completed IRS Form W9 prior to
the start of the term of this Agreement as defined herein. The Inspector shall ensure
that a complete and accurate IRS Form W9 is provided to the Authority any time the
information contained in that Form changes.
2022-11-17 SMBA Board Packet | Page 47 of 69
Page 4 of 6
The Inspector is responsible for maintaining accurate contact information on file
with the Authority. The Authority is not responsible for processing delays caused by the
provision of incomplete or inaccurate information to the Authority by the Inspector.
BENEFITS, TAXES, BUSINESS EXPENSES
The Parties agree that the Inspector is engaged in the Inspector’s own
independently established business.
The Authority is not responsible for and will not withhold or pay payroll or
employment taxes of any kind. Because the Inspector is an independent business and
not an employee of SMBA, the Inspector is not eligible for any benefits offered to the
employees of the Authority.
The Inspector shall be personally responsible for all ordinary and necessary
business expenses incurred while performing services to the Authority under the terms
of this Agreement. Such expenses may for example include mileage, office supplies,
personal protective equipment, postage, etc. The Authority shall not be liable to the
Inspector for any expenses paid or incurred by the Inspector unless otherwise agreed to
in writing by the Board.
INSURANCE
The Inspector shall provide to the Authority proof of liability insurance with a
minimum of one million dollars ($1,000,000) in coverage.
The Inspector shall provide to the Authority proof of auto personal injury /
property protection coverage with minimum amounts of five hundred thousand dollars
($500,000) / five hundred thousand dollars ($500,000).
The Inspector shall comply with all applicable Worker’s compensation law. Proof
of Worker’s Compensation insurance shall be provided to the Authority, except when
the Inspector operates as a sole proprietorship and provides satisfactory documentation
of such to the Authority, or when the Inspector operates as a limited liability company
and provides a form WC-337 from the Worker’s Compensation Agency, evidencing its
exclusion from Worker’s Compensation coverage.
INDEMNIFICATION
The Inspector agrees to indemnify and hold the Authority and its Board of
Directors, members, employees, or agents harmless from any and all suits, claims,
damages, costs, and expenses of every kind and nature which may or might be
asserted against the Authority and its Board of Directors, members, employees, or
agents by another or others resulting directly or indirectly from the acts or omissions by
the Inspector.
RETURN OF MATERIALS
2022-11-17 SMBA Board Packet | Page 48 of 69
Page 5 of 6
The Inspector acknowledges that all equipment, files, records, lists, books,
computer printouts, software, manuals, financial information and all other documents
relating to the Authority will be returned to SMBA upon termination of the contract.
LAWS OF MICHIGAN
This Agreement shall be governed by the laws of the State of Michigan. Any
action brought to enforce the terms of the Agreement or to remedy violations of the
Agreement be brought in Kalamazoo County, and the Parties submit themselves to that
jurisdiction.
ENTIRE AGREEMENT
This is the entire agreement of the parties, and no other representations,
promises, or agreements, oral or otherwise, shall be of any force or effect. The terms of
this Agreement may only be altered in writing, signed by authorized representatives of
the Inspector and the Authority upon approval of the SMBA Board of Directors.
[Signature Page Follows]
2022-11-17 SMBA Board Packet | Page 49 of 69
Page 6 of 6
IN WITNESS WHEREOF, the Parties have executed this agreement on the latter of the
signatory dates below.
SOUTHWEST MICHIGAN BUILDING AUTHORITY
By: _____________________________ ____________________
KYLE GIBSON Date of Signing
Its: BOARD SECRETARY
AND
By: _____________________________ ____________________
GARRETT REITENOUR Date of Signing
Its: BUILDING OFFICIAL
INSPECTOR
By: _____________________________ ____________________
GARY HECKMAN Date of Signing
Its: OWNER
2022-11-17 SMBA Board Packet | Page 50 of 69
Page 1 of 6
INDEPENDENT CONTRACTED INSPECTOR AGREEMENT
This Agreement is made by and between the Southwest Michigan Building
Authority (hereafter “SMBA” or “Authority”), whose principal business address is 7275 W
Main St., Kalamazoo, MI 49009, and MP SERVICES, LLC (hereafter “Inspector”),
whose principal business address is 426 SARAH LN, COLDWATER MI 49036, and are
collectively, the “Parties”.
The Parties agree under the following terms and conditions.
RELATIONSHIP
The Authority contracts with the Inspector as an independent contractor. The
terms of the Agreement shall not be construed to imply the creation or existence of an
employee-employer relationship.
TERM AND SEPARATION
The Term of this Agreement is defined for a period of one (1) year, beginning on
January 1, 2023, and ending on December 31, 2023, unless otherwise terminated
pursuant to the terms of this Agreement.
The Inspector serves at the pleasure of the SMBA Board of Directors (hereafter,
“Board”), and the Agreement may be terminated at any time with or without cause prior
to or during the term of the Agreement as defined herein.
Should the Authority terminate the Agreement without cause, the Authority shall
provide at least thirty (30) days’ notice to the Inspector in writing.
Should the Authority terminate the Agreement with cause, which includes but is
not limited to misfeasance, malfeasance, and nonfeasance, such termination shall be
effective on the date written notice of termination is delivered to the Inspector.
Should the Inspector voluntarily terminate the Agreement with the Authority, the
Inspector shall provide thirty (30) days’ advance notice in writing of the intent to
terminate the Agreement. The Inspector shall continue to perform all duties set forth in
this Agreement until the effective date of termination of the Agreement.
Under no circumstances shall the Inspector be entitled to any additional
compensation outside of the terms of this Agreement.
HOLDOVER CLAUSE
In the event that the Board fails to renew this Agreement for a subsequent term
at the end of the Term of this Agreement, the provisions of this Agreement shall
continue in full effect on a month-to-month basis until a new agreement is made
between the Parties, provided that: (1) The Board has not provided notice of termination
to the Inspector as required by the Agreement; (2) The Inspector remains in full
2022-11-17 SMBA Board Packet | Page 51 of 69
Page 2 of 6
compliance with the Agreement; and (3) Continues to perform their duties in a
satisfactory manner.
The purpose of this clause is to ensure that the Authority’s ability to serve its
participating local units is not interrupted, and does not negate the Authority’s desire to
limit the Agreement to the prescribed Term to the fullest extent possible.
POSITION AND DUTIES
The Inspector shall cooperate with the Authority under the supervision of the
Building Official.
The Inspector shall, to the best of their ability and within the terms of this
Agreement, perform inspections, review plans, make reports, and provide technical
assistance to the Authority.
The Inspector shall keep and supply accurate accountings to the Authority of
inspections performed, the results of said inspections, and any violations discovered
during the course of the inspections.
The Inspector shall appear in court or at SMBA meetings at the request of the
Authority if deemed necessary to protect the health, safety, and welfare of the public, for
which the Inspector shall be compensated at an hourly rate as defined in this
Agreement.
The Inspector shall maintain a valid cell phone number where the Authority or
members of the public can reach the Inspector during the official business hours held by
the Authority on the days when the Inspector is scheduled to provide services to the
Authority.
The Inspector may elect to hold office hours at the Authority’s place of business
as needed at the Inspector’s discretion.
The Authority shall provide the Inspector with means to access the Authority’s
computer network and systems for the purposes of receiving inspection assignments,
performing technical research relating to inspections or plan reviews assigned by the
Authority, recording inspection results and any violations found during a given
inspection.
All inspections and plan reviews performed by Inspector under the terms of this
Agreement shall conform to the currently adopted building codes as set forth by the
State of Michigan, as well as all applicable local laws and ordinances.
LICENSE
At all times and with no exception, Inspector shall possess a valid license to
perform the duties as described herein and be registered as required by State law, and
shall also maintain compliance with all other Federal, State, and local laws and
ordinances as applicable and required to carry out the business of the Authority under
2022-11-17 SMBA Board Packet | Page 52 of 69
Page 3 of 6
this Agreement. If at any time the Inspector no longer possess a valid license or
registration to perform the duties assigned by the Authority under the terms of this
Agreement, they shall immediately notify the Building Official and cease all operations
under this Agreement. If the matter is not resolved within a reasonable period of time,
the failure of the Inspector to possess a valid license or registration shall be cause for
termination of this Agreement, subject to the terms outlined herein.
FEES
In consideration of services to be rendered by Inspector to the Authority, the
Parties agree to the follow schedule of compensation:
– $50 per inspection performed at the direction of the Authority and under the
terms of this Agreement. The Inspector must enter the results of all inspections
as directed by the Authority in order to receive compensation. The Inspector
shall not receive compensation for inspections which were scheduled, but not
performed. If an inspection is canceled after the Inspector has already attempted
to perform the Inspection and was locked out, refused entry, or similar, the
Inspector shall be entitled to compensation.
– $50 per hour spent performing plan review at the direction of the Authority and
under the terms of this Agreement.
– $50 per hour for attendance at SMBA meetings or court appearances as required
under the terms of this Agreement.
– $50 per hour for consultations requested by the Authority in writing.
The Inspector shall submit an invoice to the Authority on a bi-weekly basis
detailing the date of inspection, address of inspection, type of inspection performed, and
result of inspection. The inspector shall submit separate invoice(s) for plan review,
meeting attendance, consultations, or other claims for compensation under the terms of
this Agreement.
PAYMENT OF FEES
The Authority shall remit payment for invoices received from the Inspector on a
bi-weekly basis.
Payments made by the Authority to the Inspector under the terms of this
Agreement shall be made in the form of a check issued to the Inspector. The Inspector
may elect to have such payments mailed to the address listed on IRS Form W9, or to
pick up the check from the Authority’s office.
The Inspector shall provide to the Authority a completed IRS Form W9 prior to
the start of the term of this Agreement as defined herein. The Inspector shall ensure
that a complete and accurate IRS Form W9 is provided to the Authority any time the
information contained in that Form changes.
2022-11-17 SMBA Board Packet | Page 53 of 69
Page 4 of 6
The Inspector is responsible for maintaining accurate contact information on file
with the Authority. The Authority is not responsible for processing delays caused by the
provision of incomplete or inaccurate information to the Authority by the Inspector.
BENEFITS, TAXES, BUSINESS EXPENSES
The Parties agree that the Inspector is engaged in the Inspector’s own
independently established business.
The Authority is not responsible for and will not withhold or pay payroll or
employment taxes of any kind. Because the Inspector is an independent business and
not an employee of SMBA, the Inspector is not eligible for any benefits offered to the
employees of the Authority.
The Inspector shall be personally responsible for all ordinary and necessary
business expenses incurred while performing services to the Authority under the terms
of this Agreement. Such expenses may for example include mileage, office supplies,
personal protective equipment, postage, etc. The Authority shall not be liable to the
Inspector for any expenses paid or incurred by the Inspector unless otherwise agreed to
in writing by the Board.
INSURANCE
The Inspector shall provide to the Authority proof of liability insurance with a
minimum of one million dollars ($1,000,000) in coverage.
The Inspector shall provide to the Authority proof of auto personal injury /
property protection coverage with minimum amounts of five hundred thousand dollars
($500,000) / five hundred thousand dollars ($500,000).
The Inspector shall comply with all applicable Worker’s compensation law. Proof
of Worker’s Compensation insurance shall be provided to the Authority, except when
the Inspector operates as a sole proprietorship and provides satisfactory documentation
of such to the Authority, or when the Inspector operates as a limited liability company
and provides a form WC-337 from the Worker’s Compensation Agency, evidencing its
exclusion from Worker’s Compensation coverage.
INDEMNIFICATION
The Inspector agrees to indemnify and hold the Authority and its Board of
Directors, members, employees, or agents harmless from any and all suits, claims,
damages, costs, and expenses of every kind and nature which may or might be
asserted against the Authority and its Board of Directors, members, employees, or
agents by another or others resulting directly or indirectly from the acts or omissions by
the Inspector.
RETURN OF MATERIALS
2022-11-17 SMBA Board Packet | Page 54 of 69
Page 5 of 6
The Inspector acknowledges that all equipment, files, records, lists, books,
computer printouts, software, manuals, financial information and all other documents
relating to the Authority will be returned to SMBA upon termination of the contract.
LAWS OF MICHIGAN
This Agreement shall be governed by the laws of the State of Michigan. Any
action brought to enforce the terms of the Agreement or to remedy violations of the
Agreement be brought in Kalamazoo County, and the Parties submit themselves to that
jurisdiction.
ENTIRE AGREEMENT
This is the entire agreement of the parties, and no other representations,
promises, or agreements, oral or otherwise, shall be of any force or effect. The terms of
this Agreement may only be altered in writing, signed by authorized representatives of
the Inspector and the Authority upon approval of the SMBA Board of Directors.
[Signature Page Follows]
2022-11-17 SMBA Board Packet | Page 55 of 69
Page 6 of 6
IN WITNESS WHEREOF, the Parties have executed this agreement on the latter of the
signatory dates below.
SOUTHWEST MICHIGAN BUILDING AUTHORITY
By: _____________________________ ____________________
KYLE GIBSON Date of Signing
Its: BOARD SECRETARY
AND
By: _____________________________ ____________________
GARRETT REITENOUR Date of Signing
Its: BUILDING OFFICIAL
INSPECTOR
By: _____________________________ ____________________
TERRY L THATCHER Date of Signing
Its: MANAGER
2022-11-17 SMBA Board Packet | Page 56 of 69
Page 1 of 6
INDEPENDENT CONTRACTED INSPECTOR AGREEMENT
This Agreement is made by and between the Southwest Michigan Building
Authority (hereafter “SMBA” or “Authority”), whose principal business address is 7275 W
Main St., Kalamazoo, MI 49009, and WILLIAM A WILCOX (hereafter “Inspector”),
whose principal business address is 38159 24TH ST, MATTAWAN MI 49071, and are
collectively, the “Parties”.
The Parties agree under the following terms and conditions.
RELATIONSHIP
The Authority contracts with the Inspector as an independent contractor. The
terms of the Agreement shall not be construed to imply the creation or existence of an
employee-employer relationship.
TERM AND SEPARATION
The Term of this Agreement is defined for a period of one (1) year, beginning on
January 1, 2023, and ending on December 31, 2023, unless otherwise terminated
pursuant to the terms of this Agreement.
The Inspector serves at the pleasure of the SMBA Board of Directors (hereafter,
“Board”), and the Agreement may be terminated at any time with or without cause prior
to or during the term of the Agreement as defined herein.
Should the Authority terminate the Agreement without cause, the Authority shall
provide at least thirty (30) days’ notice to the Inspector in writing.
Should the Authority terminate the Agreement with cause, which includes but is
not limited to misfeasance, malfeasance, and nonfeasance, such termination shall be
effective on the date written notice of termination is delivered to the Inspector.
Should the Inspector voluntarily terminate the Agreement with the Authority, the
Inspector shall provide thirty (30) days’ advance notice in writing of the intent to
terminate the Agreement. The Inspector shall continue to perform all duties set forth in
this Agreement until the effective date of termination of the Agreement.
Under no circumstances shall the Inspector be entitled to any additional
compensation outside of the terms of this Agreement.
HOLDOVER CLAUSE
In the event that the Board fails to renew this Agreement for a subsequent term
at the end of the Term of this Agreement, the provisions of this Agreement shall
continue in full effect on a month-to-month basis until a new agreement is made
between the Parties, provided that: (1) The Board has not provided notice of termination
to the Inspector as required by the Agreement; (2) The Inspector remains in full
2022-11-17 SMBA Board Packet | Page 57 of 69
Page 2 of 6
compliance with the Agreement; and (3) Continues to perform their duties in a
satisfactory manner.
The purpose of this clause is to ensure that the Authority’s ability to serve its
participating local units is not interrupted, and does not negate the Authority’s desire to
limit the Agreement to the prescribed Term to the fullest extent possible.
POSITION AND DUTIES
The Inspector shall cooperate with the Authority under the supervision of the
Building Official.
The Inspector shall, to the best of their ability and within the terms of this
Agreement, perform inspections, review plans, make reports, and provide technical
assistance to the Authority.
The Inspector shall keep and supply accurate accountings to the Authority of
inspections performed, the results of said inspections, and any violations discovered
during the course of the inspections.
The Inspector shall appear in court or at SMBA meetings at the request of the
Authority if deemed necessary to protect the health, safety, and welfare of the public, for
which the Inspector shall be compensated at an hourly rate as defined in this
Agreement.
The Inspector shall maintain a valid cell phone number where the Authority or
members of the public can reach the Inspector during the official business hours held by
the Authority on the days when the Inspector is scheduled to provide services to the
Authority.
The Inspector may elect to hold office hours at the Authority’s place of business
as needed at the Inspector’s discretion.
The Authority shall provide the Inspector with means to access the Authority’s
computer network and systems for the purposes of receiving inspection assignments,
performing technical research relating to inspections or plan reviews assigned by the
Authority, recording inspection results and any violations found during a given
inspection.
All inspections and plan reviews performed by Inspector under the terms of this
Agreement shall conform to the currently adopted building codes as set forth by the
State of Michigan, as well as all applicable local laws and ordinances.
LICENSE
At all times and with no exception, Inspector shall possess a valid license to
perform the duties as described herein and be registered as required by State law, and
shall also maintain compliance with all other Federal, State, and local laws and
ordinances as applicable and required to carry out the business of the Authority under
2022-11-17 SMBA Board Packet | Page 58 of 69
Page 3 of 6
this Agreement. If at any time the Inspector no longer possess a valid license or
registration to perform the duties assigned by the Authority under the terms of this
Agreement, they shall immediately notify the Building Official and cease all operations
under this Agreement. If the matter is not resolved within a reasonable period of time,
the failure of the Inspector to possess a valid license or registration shall be cause for
termination of this Agreement, subject to the terms outlined herein.
FEES
In consideration of services to be rendered by Inspector to the Authority, the
Parties agree to the follow schedule of compensation:
– $50 per inspection performed at the direction of the Authority and under the
terms of this Agreement. The Inspector must enter the results of all inspections
as directed by the Authority in order to receive compensation. The Inspector
shall not receive compensation for inspections which were scheduled, but not
performed. If an inspection is canceled after the Inspector has already attempted
to perform the Inspection and was locked out, refused entry, or similar, the
Inspector shall be entitled to compensation.
– $50 per hour spent performing plan review at the direction of the Authority and
under the terms of this Agreement.
– $50 per hour for attendance at SMBA meetings or court appearances as required
under the terms of this Agreement.
– $50 per hour for consultations requested by the Authority in writing.
The Inspector shall submit an invoice to the Authority on a bi-weekly basis
detailing the date of inspection, address of inspection, type of inspection performed, and
result of inspection. The inspector shall submit separate invoice(s) for plan review,
meeting attendance, consultations, or other claims for compensation under the terms of
this Agreement.
PAYMENT OF FEES
The Authority shall remit payment for invoices received from the Inspector on a
bi-weekly basis.
Payments made by the Authority to the Inspector under the terms of this
Agreement shall be made in the form of a check issued to the Inspector. The Inspector
may elect to have such payments mailed to the address listed on IRS Form W9, or to
pick up the check from the Authority’s office.
The Inspector shall provide to the Authority a completed IRS Form W9 prior to
the start of the term of this Agreement as defined herein. The Inspector shall ensure
that a complete and accurate IRS Form W9 is provided to the Authority any time the
information contained in that Form changes.
2022-11-17 SMBA Board Packet | Page 59 of 69
Page 4 of 6
The Inspector is responsible for maintaining accurate contact information on file
with the Authority. The Authority is not responsible for processing delays caused by the
provision of incomplete or inaccurate information to the Authority by the Inspector.
BENEFITS, TAXES, BUSINESS EXPENSES
The Parties agree that the Inspector is engaged in the Inspector’s own
independently established business.
The Authority is not responsible for and will not withhold or pay payroll or
employment taxes of any kind. Because the Inspector is an independent business and
not an employee of SMBA, the Inspector is not eligible for any benefits offered to the
employees of the Authority.
The Inspector shall be personally responsible for all ordinary and necessary
business expenses incurred while performing services to the Authority under the terms
of this Agreement. Such expenses may for example include mileage, office supplies,
personal protective equipment, postage, etc. The Authority shall not be liable to the
Inspector for any expenses paid or incurred by the Inspector unless otherwise agreed to
in writing by the Board.
INSURANCE
The Inspector shall provide to the Authority proof of liability insurance with a
minimum of one million dollars ($1,000,000) in coverage.
The Inspector shall provide to the Authority proof of auto personal injury /
property protection coverage with minimum amounts of five hundred thousand dollars
($500,000) / five hundred thousand dollars ($500,000).
The Inspector shall comply with all applicable Worker’s compensation law. Proof
of Worker’s Compensation insurance shall be provided to the Authority, except when
the Inspector operates as a sole proprietorship and provides satisfactory documentation
of such to the Authority, or when the Inspector operates as a limited liability company
and provides a form WC-337 from the Worker’s Compensation Agency, evidencing its
exclusion from Worker’s Compensation coverage.
INDEMNIFICATION
The Inspector agrees to indemnify and hold the Authority and its Board of
Directors, members, employees, or agents harmless from any and all suits, claims,
damages, costs, and expenses of every kind and nature which may or might be
asserted against the Authority and its Board of Directors, members, employees, or
agents by another or others resulting directly or indirectly from the acts or omissions by
the Inspector.
RETURN OF MATERIALS
2022-11-17 SMBA Board Packet | Page 60 of 69
Page 5 of 6
The Inspector acknowledges that all equipment, files, records, lists, books,
computer printouts, software, manuals, financial information and all other documents
relating to the Authority will be returned to SMBA upon termination of the contract.
LAWS OF MICHIGAN
This Agreement shall be governed by the laws of the State of Michigan. Any
action brought to enforce the terms of the Agreement or to remedy violations of the
Agreement be brought in Kalamazoo County, and the Parties submit themselves to that
jurisdiction.
ENTIRE AGREEMENT
This is the entire agreement of the parties, and no other representations,
promises, or agreements, oral or otherwise, shall be of any force or effect. The terms of
this Agreement may only be altered in writing, signed by authorized representatives of
the Inspector and the Authority upon approval of the SMBA Board of Directors.
[Signature Page Follows]
2022-11-17 SMBA Board Packet | Page 61 of 69
Page 6 of 6
IN WITNESS WHEREOF, the Parties have executed this agreement on the latter of the
signatory dates below.
SOUTHWEST MICHIGAN BUILDING AUTHORITY
By: _____________________________ ____________________
KYLE GIBSON Date of Signing
Its: BOARD SECRETARY
AND
By: _____________________________ ____________________
GARRETT REITENOUR Date of Signing
Its: BUILDING OFFICIAL
INSPECTOR
By: _____________________________ ____________________
WILLIAM A WILCOX Date of Signing
Its: SOLE PROPRIETOR
2022-11-17 SMBA Board Packet | Page 62 of 69
2022-11-17 SMBA Board Packet | Page 63 of 69
2022-11-17 SMBA Board Packet | Page 64 of 69
2022-11-17 SMBA Board Packet | Page 65 of 69
2022-11-17 SMBA Board Packet | Page 66 of 69
Southwest Michigan Building Authority
7275 West Main Street
Kalamazoo MI 49009
269-585-4150
www.swmiba.org
Page 1 of 1
MEMORANDUM
To: SMBA Board
From: Office Manager Kyle Gibson
Date: 11/14/2022
Re: Consideration of Proposed 2023 Holiday Schedule
Background
Attached to this memorandum is the proposed 2023 holiday schedule for the Authority.
Juneteenth
The Juneteenth holiday was signed into law as a federally-recognized holiday in June 2021. At the October
28, 2021 regular meeting of the SMBA board, the board voted not to add Juneteenth to the list of holidays
observed by the Authority. At the time, this decision mirrored that of the Oshtemo and Cooper township
boards.
As the Authority rents office space from Oshtemo Township, it has been the consensus in the past to align the
Authority’s holiday schedule with Oshtemo’s holiday schedule as closely as possible to prevent a scenario
wherein one office is open and the other closed to avoid undue confusion of the public.
At a special meeting on November 9th, the Oshtemo Township board voted to approve the creation of an
additional paid holiday for their staff to recognize Juneteenth.
Accordingly, I am bringing forth a proposal to likewise add a new paid holiday to recognize Juneteenth for the
Authority’s staff. The proposed 2023 holiday schedule which follows this memorandum reflects this.
Financial Impact
There would be no specific financial impacts resulting from the creation of an additional paid holiday, as the
hours are all paid out of the same GL line (Salaries).
2022-11-17 SMBA Board Packet | Page 67 of 69
Southwest Michigan Building Authority
2023 Office Holidays / Closures
Month Holiday Office Closed
January New Year’s Day Monday 1/2 (Observed)
Martin Luther King Day Monday 1/16
February Presidents’ Day Monday 2/20
May Memorial Day Monday 5/29
June Juneteenth Monday 6/19
July Floating Holiday Monday 7/3
Independence Day Tuesday 7/4
September Labor Day Monday 9/4
November Veterans Day Friday 11/10 (Observed)
Thanksgiving Thursday 11/23
Day After Thanksgiving Friday 11/24
December Christmas Eve Friday 12/22 (Observed)
Christmas Day Monday 12/25
Staff Flex Time Tuesday 12/26 – Thursday
12/28
New Year’s Eve Friday 12/29 (Observed)
January ‘24 New Year’s Day Monday 1/1/2024
2022-11-17 SMBA Board Packet | Page 68 of 69
Southwest Michigan Building Authority
7275 West Main Street
Kalamazoo MI 49009
269-585-4150
www.swmiba.org
Page 1 of 1
MEMORANDUM
To: SMBA Board
From: Office Manager Kyle Gibson
Date: 11/14/2022
Re: Consideration of Citizen Member at Large Appointment
Background
Larry Stehouwer has been serving as the citizen at-large member on the SMBA Board of Directors since his
appointment on September 15, 2016. The four-year term for the original appointment expired on September
15, 2020. Since then, he has been serving in a hold-over status in accordance with the Amended and Restated
Interlocal State Construction Code Enforcement and Administration Agreement.
Purpose of Discussion
Establish procedure and define processes in keeping with the requirements of the interlocal agreement for the
selection of a new at-large member. An excerpt from the interlocal agreement is provided for the board’s
reference (emphasis added).
“The SMBA Board members appointed by the governing body of each Participating Local Unit shall,
by majority vote, select one additional at-large SMBA Board member, who shall serve a four (4) year
term and who shall be a resident of a Participating Local Unit. The at-large member shall have all of
the Authority as other members of the SMBA Board, except no at-large member shall be
permitted to vote on the selection of any subsequent at-large member. The residency of the
at-large member shall alternate between the Participating Local Units every term. By way of
example, if the first at-large member selected by the SMBA Board to serve a four (4) year term is a
resident of Oshtemo Township, then the second at-large member selected by the SMBA Board for
the next four (4) year term shall be a resident of a different Participating Local Unit. Each subsequent
at-large member’s residency shall continue to alternate between the Participating Local Units in the
same manner until every Participating Local Unit has been represented by a duly selected at-large
member. Notwithstanding, any at-large member whose term has expired shall continue to serve until
such time as the next duly qualified at-large member is selected by the SMBA Board. However, a
hold over at-large member shall not diminish or shorten the term of any selected subsequent
at-large member, whose term shall be four (4) years from the date of selection, even if the prior
member is a hold over. If the SMBA Board cannot agree on the selection of any at-large
member, then selection shall be by lot and all names of potential at-large members shall be
written on identical slips of paper (together with the residency of potential at-large members, but only
in the case of the selection of the first at-large member) and placed in a hat. An appointed member
of the SMBA Board shall draw one (1) name from the hat at a public meeting and that person shall
be selected as the at-large member.”
2022-11-17 SMBA Board Packet | Page 69 of 69