SMBA Regular Board Meeting

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