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AGENDA EAST JORDAN CITY COMMISSION 7:00 PM, Tuesday, March 3, 2020 Web: www.eastjordancity.org Welcome to the Business Meeting of the City of East Jordan. Visitors are welcome and encouraged to address any and all items listed on this agenda by filling out a “Speaker Request Slip” located near the front door. Please complete the slip and give it to the City Clerk prior to the start of the meeting. The only time a visitor must wait to voice concerns is if the agenda does not specifically designate a time when that particular subject will be addressed; in that case, you may address the Commission just before the City Administrator’s Report. The Mayor (or presiding Commission member) must recognize anyone wishing to address the City Commission prior to speaking. If you have any items you wish to address with the Commission that involve the day-to-day operations of the City or its Departments, etc., please address those concerns first with the City Administrator. PUBLIC HEARING at 6:45 p.m. RE: 2020 Michigan Natural Resources Trust Fund Grant Sportsman's Park Water Access Improvements Pub Review and Hearing Notice_02-21-20.docx PRELIMINARY ITEMS Call to Order and Mayor's Welcome Pledge of Allegiance Approval of Tonight's Meeting Agenda Inquiry of Commissioner Conflicts of Interest for Tonight's Meeting CEREMONIAL ITEMS PUBLIC COMMENT/SPEAKER REQUEST SLIPS 3 minutes per speaker to address City Commission CONSENT AGENDA 1 City Commission Meeting Minutes dated February 18, 2020 Commission 02-18-20 DRAFT.pdf 2 Paid Bills List dated February 28, 2020 Totaling $348,699.76 Paid Bills List 02-27-20.pdf 3 Monthly Public Safety Reports Fire-January 2020 January 2020.doc 4 Cash on Hand Report for January 2020 1

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Page 1: AGENDA EAST JORDAN CITY COMMISSION 7:00 PM, Tuesday, … · East Jordan.docx BOARDS & COMMISSION APPOINTMENTS 2. ANNOUNCEMENTS & REPORTS 14 City Administrator's Report Administrator's

AGENDAEAST JORDAN CITY COMMISSION

7:00 PM, Tuesday, March 3, 2020Web: www.eastjordancity.org

Welcome to the Business Meeting of the City of East Jordan. Visitors are welcome and encouraged to address any and all itemslisted on this agenda by filling out a “Speaker Request Slip” located near the front door. Please complete the slip and give it tothe City Clerk prior to the start of the meeting. The only time a visitor must wait to voice concerns is if the agenda does notspecifically designate a time when that particular subject will be addressed; in that case, you may address the Commission justbefore the City Administrator’s Report. The Mayor (or presiding Commission member) must recognize anyone wishing toaddress the City Commission prior to speaking. If you have any items you wish to address with the Commission that involve theday-to-day operations of the City or its Departments, etc., please address those concerns first with the City Administrator. PUBLIC HEARING at 6:45 p.m. RE: 2020 Michigan Natural Resources Trust Fund Grant Sportsman's Park Water Access Improvements Pub Review and Hearing Notice_02-21-20.docx PRELIMINARY ITEMS

Call to Order and Mayor's WelcomePledge of AllegianceApproval of Tonight's Meeting AgendaInquiry of Commissioner Conflicts of Interest for Tonight's Meeting

CEREMONIAL ITEMS PUBLIC COMMENT/SPEAKER REQUEST SLIPS3 minutes per speaker to address City Commission CONSENT AGENDA 1 City Commission Meeting Minutes dated February 18, 2020 Commission 02-18-20 DRAFT.pdf 2 Paid Bills List dated February 28, 2020 Totaling $348,699.76 Paid Bills List 02-27-20.pdf 3 Monthly Public Safety Reports

Fire-January 2020

January 2020.doc 4 Cash on Hand Report for January 2020 1

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January Cash on Hand.pdf 5 Boards and Commission Meeting Minutes:

Housing Commission-January 9, 2020

January 9 2020 Minutes.pdf JVAEMS 01-15-2020.pdf OLD BUSINESS 6 M-66 Phase 4 Sewer M66_Sewer+Interested Party Addresses_toDate_02-24-2020.pdf PrecisionEngineering_Phase IV Cost Analysis 8-12-19.pdf 7 Ordinance 257: An Ordinance Adopting and Enacting a new Code for the City of East Jordan ORD. 257.docx NEW BUSINESS 8 Resolution 105-2020: Michigan Natural Resources Trust Fund (MNRTF)-Development

Grant Sportsman's Park Improvements 105-2020 City Resolution_MNRTF Grant App._02-21-20.doc 9 Marketing Proposal Approval TWG_0120_EJMT_EastJordanCommunityBranding_DesignEst2.pdf TWG_0120_EJMT_EastJordanCommunityBranding_ScheduleEstimate.pdf 10 City of East Jordan Housing Ready Contract Housing Ready Contract.pdf 11 Train Update 12 Annual Report of Delinquent Bills for 2020 and Scheduling Public Hearing for April 7, 2020

at 6:45 p.m. 2020 REPORT OF DELINQUENT BILLS.doc 13 Introduction to Ordinance #258: An Ordinance to Amend Chapter 46 Utilities, Article III

Sewers, Section 46-128-Sewer Service Charge (B) (4) ORD. 258.docx Joining Jordan CDBG Grant Agreement East Jordan.docx BOARDS & COMMISSION APPOINTMENTS

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ANNOUNCEMENTS & REPORTS

14 City Administrator's Report Administrator's Report 3-3.docx 15 Mayor's Report 16 City Attorney's Report 17 City Commissioner Comments 18 Adjournment

3

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NOTICE OF PUBLIC HEARING

PLEASE BE ADVISED that the East Jordan City Commission will hold a Public Hearing on Tuesday, March 3, 2020, at 6:45 p.m. at City Hall, 201 Main St., East Jordan, Michigan.

The Public Hearing is being held to allow all interested parties the opportunity to comment on the proposed application for a 2020 Michigan Natural Resources Trust Fund Grant from the Department of Natural Resources for the Sportsman’s Park Water Access Improvements and potential passage of a resolution supporting submission of the application.

All verbal and written comments presented during the hearing and comment period will be considered prior to making a final decision.

Interested parties are invited to attend the public hearing or provide written comments to the City of East Jordan Clerk, Cheltzi M. Wilson, 201 Main St., East Jordan, MI, [email protected] Please indicate PUBLIC HEARING COMMENTS in the subject line.

Cheltzi M. WilsonCity of East Jordan Clerk

City of East Jordan will provide necessary reasonable auxiliary aids and services, such as signers for the hearing impaired and audiotapes of printed materials being considered at the meeting, to individuals with disabilities upon twenty-four (24) hours’ notice to City of East Jordan. Individuals with disabilities requiring auxiliary aids or services should contact the City of East Jordan Clerk by calling as following:

Cheltzi M. WilsonCity of East Jordan Clerk

231-536-3381

4

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Page 1 of 7

CITY OF EAST JORDAN

MEETING MINUTES Tuesday February 18, 2020

7:00 PM

Present: Paul Timmons, Russ Peck, Tracey Johnson, Abbie Hawley, Amy Sherman, Mark Penzien

Absent: Tom Reid

PUBLIC HEARING at 6:45 P.M. RE: Brownfield Plan

Mayor Peck called the public hearing to order at 6:45 p.m. and stated the purpose of the public hearing

was to hear any public comments regarding the Brownfield Plan presented from the Brownfield

Authority Committee for the East Jordan Co-Op property which was approved by them at their recent

meeting and recommended for approval.

Peck made the call for public comments at this time.

No Public Comments were received.

Peck closed the public hearing at 6.47 p.m.

PRELIMINARY ITEMS

Call to Order and Mayor's Welcome Pledge of Allegiance Approval of Tonight's Meeting Agenda Inquiry of Commissioner Conflicts of Interest for Tonight's Meeting

Mayor Peck called the meeting to order at 7:00 p.m. and led the pledge of allegiance.

Moved by Abbie Hawley; seconded by Mark Penzien to Approve the Meeting Agenda as presented.

Motion Passed: 6 - 0

Voting For: Russ Peck, Tracey Johnson, Abbie Hawley, Amy Sherman, Mark Penzien, Paul Timmons Voting Against: None

Absent: Tom Reid

CONFLICTS OF INTEREST

No Conflicts of Interest were voiced.

CEREMONIAL ITEMS

No Ceremonial Items were scheduled.

5

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PUBLIC COMMENT/SPEAKER REQUEST SLIPS

3Minutes per speaker to address City Commission

No Speaker Request Slips were received.

CONSENT AGENDA

Moved by Tracey Johnson; seconded by Mark Penzien to Approve the following Consent Agenda items:

Motion Passed: 6 - 0

Voting For: Russ Peck, Tracey Johnson, Abbie Hawley, Amy Sherman, Mark Penzien, Paul Timmons Voting Against: None

Absent: Tom Reid

1 Commission Meeting Minutes dated 02-04-2020

Paid Bills List dated February 02-13-2020 Totaling $378,306.80

Acknowledge Receipt of Monthly Boards and Commission Meeting Minutes:

• Planning Commission 01-09-2020

• DDA 01-13-2020

• Election Commission 02-04-2020

OLD BUSINESS

4 Ordinance #143W: An Ordinance to Amend the Zoning Code for the City of East Jordan

Moved by Mark Penzien; seconded by Tracey Johnson to Approve

Ordinance 143W: An Ordinance to Amend the Zoning Code for the

City of East Jordan.

Motion Passed: 6 - 0

Voting For: Russ Peck, Tracey Johnson, Abbie Hawley, Amy Sherman, Mark Penzien,

Paul Timmons

Voting Against: None

Absent: Tom Reid

NEW BUSINESS

5 Joining Jordan Bid Approval

Moved by Mark Penzien; seconded by Paul Timmons to Approve the recommendation by

DDA to award the low bid based on recommendation by DDA to Elmer’s.

6

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Motion Passed: 6 - 0

Voting For: Russ Peck, Tracey Johnson, Abbie Hawley, Amy Sherman, Mark Penzien,

Paul Timmons

Voting Against: None

Absent: Tom Reid

6 Resolution #103-2020: Resolution Approving a Brownfield Plan for the City of East Jordan

Moved by Tracey Johnson; seconded by Mark Penzien to Approve

Resolution #103-2020: Resolution Approving a Brownfield Plan

for the City of East Jordan.

Motion Passed: 6 - 0

Voting For: Russ Peck, Tracey Johnson, Abbie Hawley, Amy Sherman, Mark Penzien,

Paul Timmons

Voting Against: None

Absent: Tom Reid

7 Introduction to Ordinance #257: An Introduction Adopting and Enacting a New Code for

the City of East Jordan

Moved by Abbie Hawley; seconded by Mark Penzien to Accept the

Introduction Adoption and Enacting of New Code for the City of East

Jordan.

Motion Passed: 6 - 0

Voting For: Russ Peck, Tracey Johnson, Abbie Hawley, Amy Sherman, Mark Penzien, Paul

Timmons

Voting Against: None

Absent: Tom Reid

8 2020 Commissioner Goals Review-February

Commissioner Timmons felt we should look for guidance on what format we want to use.

Mayor Peck stated he felt we just don’t get reminded enough about our goals so he was thinking

we could just have a reminder once a month of where we are headed of what we need to do.

Commissioner Penzien stated he knew at one point we were looking at training for the

Commissioners.

Administrator Cannon stated we have looked at those options through the MML where they could

come here but it can be pricy and isn’t in the Commission budget.

Timmons felt all of the Commissioners are at different levels of training as some are new and

some have been on for a while.

Cannon also stated most of the stuff that is discussed is also discussed at MML Conferences and

also is available on their websites which we can obtain for all of the Commissioners.

7

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Consensus of the Commission was to look at other training opportunities instead of having

someone attend.

Discussion was held on the Commission goals and how to proceed with them each month and

how to place them on the agenda.

Commissioner Penzien felt it would be helpful to identify what we are lacking.

Commissioner Timmons inquired about the Train and if the DDA would be discussing it.

Administrator Cannon felt it was a good topic for them to discuss this spring and he has discussed

it with some members.

Timmons felt we should have an update on the train and where we are on the next agenda.

9 Resolution 104-2020: A Resolution to Allow Local Residents to Protest in Writing to Board of

Review

Moved by Abbie Hawley; seconded by Amy Sherman to Approve

Resolution 104-2020: A Resolution to Allow Local Residents to

Protest in Writing to Board of Review.

Motion Passed: 6 - 0

Voting For: Russ Peck, Tracey Johnson, Abbie Hawley, Amy Sherman, Mark Penzien, Paul

Timmons

Voting Against: None

Absent: Tom Reid

10 2020 Poverty Guidelines Approval

Moved by Paul Timmons; seconded by Mark Penzien to Approve the

2020 Poverty Guidelines as presented.

Motion Passed: 6 - 0

Voting For: Russ Peck, Tracey Johnson, Abbie Hawley, Amy Sherman, Mark Penzien, Paul

Timmons

Voting Against: None

Absent: Tom Reid

11. Freedom Festival Community Park Request

Moved by Tracey Johnson; seconded by Mark Penzien to Approve the

requests made by the East Jordan Freedom Festival for the use of

Community Park to house trailers of Schmidt Amusements.

8

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Motion Passed: 6 - 0

Voting For: Russ Peck, Tracey Johnson, Abbie Hawley, Amy Sherman, Mark Penzien, Paul

Timmons

Voting Against: None

Absent: Tom Reid

Mayor Peck and Commissioner Johnson did voice a concern brought up from Commissioner Reid

about the carnival workers being out at Community Park which is near his residence.

12. Presentation of 20/21 Fiscal Year Budget to Commissioners

Moved by Mark Penzien; seconded by Amy Sherman to Accept the presentation of the

20/21 proposed Budget.

Motion Passed: 6 - 0

Voting For: Russ Peck, Tracey Johnson, Abbie Hawley, Amy Sherman, Mark Penzien,

Paul Timmons

Voting Against: None

Absent: Tom Reid

BOARDS & COMMISSION APPOINTMENTS

No Board or Commission Appointments were made at this time.

ANNOUNCEMENTS & REPORTS

13 City Administrator's Report

Commission consensus was to schedule a budget work session on March 3rd at 5:45 p.m. to 6:45 p.m.

Commissioner Timmons felt at the last session we should review or have a summary of all of the

changes to make sure they all make sense.

Consensus of the Commission was to start in the General Fund to review first for the next meeting to

discuss.

14 Mayor's Report

No items to report.

15 City Attorney's Report

No items to report.

16 City Commissioner Comments

Commissioner Penzien inquired if there was a possibility of having two screens up if we are projecting

the budget information up, so that everyone is able to see it easily.

9

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Administrator Cannon stated yes, we can see if we are able to do that.

Penzien also inquired on the status of the Tourist Park engineering.

Cannon stated it is on hold at this time.

Penzien also inquired if the Land Bank 2.0 was being planned to be presented to the DDA or Planning

Commission.

Cannon stated not in DDA but in Housing Discussions but gave Planning an update.

Cannon also updated the Commission that Steve Schnell was hired as the Coordinator Housing Solutions

Director last week.

Penzien inquired about how to handle the Housing Commission as nobody is able to attend.

Commissioner Hawley inquired if someone from their board or their director would be able to attend our

meetings as their meeting time makes it difficult to attend.

Penzien stated he believes they have it set for those people which are on that board.

Commissioner Timmons stated throughout the year we have had discussion on alternative improvements

to run your water to keep your pipes from freezing and he is seeing other communities issuing run water

advisories and wonders what our plan of action is.

Cannon stated he has checked with the DPW and there is no concern as the frost is low and most of the

problem areas were fixed in this past summer’s infrastructure project.

Timmons stated we have some residents who know where their freeze up points are and are running their

water.

Cannon stated we have not issued a run water advisory and they have not contacted city hall so they will

be changed for their water.

Timmons stated we had discussion about alternate plans of this instead of running their water instead of

having it go through the sewer system such as going through a garden house or outside spicket into their

yard.

Cannon stated if that was a city-wide issue, he would most likely recommend that to happen but we

cannot prevent residents who want to run their water to do so.

Timmons stated with the water levels rising at the Tourist Park, will the beach be safe this summer and

have we figured out what we will be doing with that as it was mostly under water last summer.

Cannon stated the equipment is what is in jeopardy but we will still have some beach left but the

equipment may have to be removed.

Commissioner Sherman inquired if the City was receiving a lot of resumes for the Office Manager

position.

Cannon stated not many were received and the deadline was Friday.

10

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Commissioner Johnson reminded the Commission of Sno-Blast this weekend and all of the events which

will take place.

17 Adjournment

Mayor Peck adjourned the meeting at 8.31 p.m.

Respectfully Submitted,

___________________________________ ___________________________________

Russell A. Peck Cheltzi M. Wilson, MMC

Mayor City Clerk

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East Jordan Fire DepartmentJanuary 2020

Fire Run Report

Date Incident Location Township

01-07-2020 Lines down Ellsworth Road South Arm01-13-2020 Shed Fire State Street City01-14-2020 Shred Fire State Street City01-21-2020 Fire Alarm S. Peninsula Road South Arm01-28-2020 PDA M-32 Wilson01-29-2020 911 Lines Down-Standby01-31-2020 Cancelled En Route Pincherry Road Hayes Twp

Monthly Total: 7 Year To Date Total: 7

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8/28/2019

NameAddress

Lake Side M66 EmailPhone Units Interested

Elm Pointe - City of E. Jordan Yes

Sue and Bill Morris 1841 [email protected] 231-668-1897 NO

Tom & Marge Teske 2079 [email protected] 734 604 6872 1 Yes

Jack Poindexter 2169 [email protected] 231-675-8026 1 Yes

Bill and Linda Michaels 2268 [email protected] 231-620-4267 1 Yes

Gary & Maryanne Roberts 2280 [email protected] 1 Yes

Matt Allen 2288 [email protected] 1 Yes

Bill & Jane Allen 2296 [email protected] 1 Yes

Vytau & Cathy Virskus 2308 [email protected] 517-719-0711 1 Yes

Rob Moblo 2324 [email protected] 1 Yes

Georgia Boyer [email protected] Yes

Dave Boyer 248-231-8464

Philis Coutts? 2370 ? ?

2420 ? ?

Don Wright 1 ? ?

Don Wright 2 ? ?

Mark Conrad 2452 No

Fred Wilson 2462 Wilsonf1912gmail.com 1 Yes

Bob Cleary 2466 1 Yes

Kelly Robertson - SWM 2474 [email protected] 1 Yes

John P. Duke 2488 [email protected]: 517.819.3207 No

2492 ?

Wolfe 2548 ? ?

2563 ? ?

Doug Lloyd-Shoreline Assoc. 10 properties [email protected] 6? Yes?

2527 & 2538 Asssociation president

Jill & Mike Hewitt 2494 [email protected] 269-838-7005 1 Yes

Rick Knight [email protected] Yes?

Dan Simon [email protected] Yes?

Marion Veryzer 2594 Yes?

Raymone & Janice Kwapisz 2620 No

STONE DAVID & LINDA TRUSTEES ? ?

Chip Hansen 2640 [email protected] No

Total 13

Tom Cannon [email protected]

Jim Malewitz [email protected]

Bob Hoffman, CPA [email protected]

SA Twp. 231-536-2900

Kim 231-675-2830

John Ferguson 231-459-8141

M-66 Residents That Wish to Connect to Proposed East Jordan Sewer Main Extension

Preliminary List

1

M-66 S, EAST JORDAN,

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PRORATED COST PER PROPERTY FOR MAIN CONSTRUCTION = $8,515

SANITARY SEWER EXTENSION ALONG M-66

PHASE IV COST ESTIMATE

8/12/2019 JOB# 3026

Item # DESCRIPTION UNITS QUANTITY UNIT COST TOTAL COST

1 MOBILIZATION & Traffic Control

1 LS 5,000.00 $5,000

2

DIRECTIONALLY DRILL 4- INCH, SDR-11 HDPE FORCED SEWER MAIN (See Note #4)

2200

LF

30.00

$66,000

3 INSTALL 1-1/2 INCH, HDPE DR 9 CIS SERVICE

0 EA 2,500.00 $0

4

CONNECTION TO EXISTING MANHOLE & CONVERT TO INLINE FLUSHING CONNECTION COMPLETE

1

LS

2,500.00

$2,500

5

48-INCH DIA. MANHOLE WITH AIR RELEASE VALVE (COMPLETE)

1

EA

5,000.00

$5,000

7

24" CONCRETE STRUCTURE WITH CLEANOUT

1

EA

2,500.00

$2,500

8

SITE ACCESS, CONTROL & RESTORATION (See Note #5)

1

LS

4,000.00

$4,000

9 MAINTENANCE &

GUARANTEE BOND 1 LS 800.00 $800

10 MDOT Permit Fee EA 1 $1,000 $1,000

11 Survey - Construction Stakin LS 1 $2,500 $2,500

12 Contingency (10%) LS 1 - $8,930

CONSTR. SUBTOTAL = $98,230.00

Item # DESCRIPTION UNITS QUANTITY UNIT COST TOTAL COST

1 Survey for Design LS 1 $2,500 $2,500

2 Engineering/Inspection &

Permitting LS 1 $17,500 $17,500

3 LS 1 $8,000 $8,000

4 Legal Fees LS 1 $1,500 $1,500

SHARED COST SUBTOTAL $29,500.00

ESTIMATE OF TOTAL PHASE III COSTS = $127,730

PROPERTIES SERVED = 15

ADDITIONAL COSTS EXPECTED BEYOND MAIN CONSTRUCTION INSTALL 1-1/2 INCH, HDPE DR 9 CIS SERVICE $2,500.00

E-ONE LIFT STATION AND CONSTRUCTION ESTIMAT $9,000.00

Assuming that City of East Jordan will wave tap in fee $11,500.00

OVERALL TOTAL ESTIMATED COST PER PROPERTY = $20,015.33

Assuming that City of East Jordan will wave tap in fee like they have in the past

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MOTION OFFERED BY: SECOND BY:

ORDINANCE #257

AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THECITY OF EAST JORDAN, MICHIGAN; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.

THE CITY OF EAST JORDAN HEREBY ORDAINS:

Section 1. The Code entitled "East Jordan City Code," published by Municipal Code Corporation, consisting of chapters 1 through 46, each inclusive, is adopted.

Section 2. All ordinances of a general and permanent nature enacted on or before November 19, 2019, and not included in the Code or recognized and continued in force by reference therein, are repealed.

Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not to exceed $500.00 and costs of prosecution, or by imprisonment for a period of not more than 90 days, or by both such fine and imprisonment. Each act of violation and each day upon which any such violation shall continue or occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.

Section 5. Additions or amendments to the Code when passed in such form as to indicate the intention to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section 6. Ordinances adopted after November 19, 2019, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.

Section 7. This ordinance shall become effective seven days after publication.

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Date: _______________ Signature: ____________________________ Cheltzi M. Wilson, MMC City Clerk

ROLL CALL VOTE:

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CITY OF EAST JORDANRESOLUTION #105 OF 2020

Michigan Natural Resources Trust Fund (MNRTF) – Development GrantSportsman’s Park Improvements

At a regular meeting of the City Commission of East Jordan, held in the City Hall buildingin the City of East Jordan, Charlevoix County, Michigan, on the 3rd day of March, 2020,there were;

PRESENT:ABSENT:

The following resolution was offered by ____________, and supported by _______.

WHEREAS, City of East Jordan has an MDNR approved 5-Year Community, Parks, Recreation Open Space and Greenways Plan which provides an action program for improvements and maintenance of recreation facilities in the County during the period between 2019 and 2023,and

WHEREAS, the township has undergone a planning and design phase for the possible improvement of the known as Sportsman’s Park, previously purchased by the City for futurerecreational purposes pursuant to the Recreation Plan page 57, and

WHEREAS, the City of East Jordan has developed the Sportsman’s Park ImprovementsSite Plan concurrent with the needs and desires of its citizens, and held public inputmeeting to discuss the project including this public hearing,

NOW, THEREFORE BE IT RESOLVED the City of East Jordan Commission hereby approves application to the MNRTF Development Grant with a $140,000 (32%) local match leveraging a $300,000 (68%) requested Trust Fund grant from the state, for the residents of East Jordan, Michigan.

YES:NO:ABSTAIN:

RESOLUTION DECLARED ADOPTED

CITY OF EAST JORDAN

By: _____________________________ Cheltzi M. Wilson, City Clerk

I, the undersigned, the Clerk of City of East Jordan, Michigan, do hereby certify that the foregoing is a true and complete copy of certain proceedings taken by the East Jordan

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City Commission of said municipality at its regular meeting held on March 3rd, 2020,relative to adoption of the resolution therein set forth; that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutesof said meeting were kept and will be or have been made available as required by said Act,

Dated: ___________ ______________________________Cheltzi Wilson, City Clerk

Affix Seal Here

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Date: 01/29/2020

For: Mary Faculak, East Jordan Chamber Director

Company: East Jordan Community Marketing Team

East Jordan, Michigan

Project: East Jordan Community Branding Project

Creation of city logo (with options that would tie together city

departments (Parks & Rec, Harbor, DDA/Downtown)), letterhead,

business cards, possible marketing and social media templates

$2,000.00 – 3,000.00 Analysis — Current communication materials audit, community marketing team

interviews/information audit. Development of marketing materials map/flowchart.

$1,200.00 – 1,600.00 Community Input — Work with the East Jordan Marketing Team to solicit brand

thoughts/vision/strengths from community members. Incorporate responses in

design direction concepts.

$6,000.00 – 7,500.00 Creative — Prepare logo/branding concepts for review. Sample layouts and marketing

materials will be prepared to support the design.

$5,000.00 – 6,000.00 Design and Layout — Final design and layout of the approved logo(s), letterhead,

business cards, associated templates to be produced for review and final approval.

Final electronic art will be created and released in appropriate formats.

$1,500.00 – 2,000.00 Production — Supervision, coordination and review of all production (pre-press,

printing and finishing) necessary to produce appropriate stationery materials and

support literature.

__________________

$15,700.00 –20,100.00 Total Professional Fees Budget

Please note that this estimate does not include printing of materials. Print estimates

Will be obtained when a concept is approved and quantities are determined. If there is

a target budget for production of these materials, the design direction will respect

that budget.

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Date: 01/29/2020

For: Mary Faculak, East Jordan Chamber Director

Company: East Jordan Community Marketing Team

East Jordan, Michigan

Project: East Jordan Community Branding Project

Creation of city logo (with options that would tie together city

departments (Parks & Rec, Harbor, DDA/Downtown)), letterhead,

business cards, possible marketing and social media templates

Analysis — 2-3 weeks

Existing communication materials review, marketing team interviews/information audit.

Development of marketing materials map/flowchart.

Community Input — 3-4 weeks

Solicit brand thoughts/vision/strengths from community members.

Incorporate responses design direction concepts.

Creative — 4-6 weeks

Prepare logo/branding concepts for review including sample layouts of marketing materials

will be prepared to support the design.

Design and Layout — 3-4 weeks

Final design and layout of the approved logo(s), letterhead, business cards, associated templates

to be produced for review and final approval.

Final electronic art created and released in appropriate formats for use and production.

Production — 2-3 weeks

Actual schedule is s on printer, and printing/finishing details

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1

ANNUAL REPORT OF DELINQUENT BILLSSCHEDULING OF PUBLIC HEARING FOR

DELINQUENT BILLS TO BE PLACED ON 2020 TAX ROLL

Below is a list of delinquent bills. City Code allows for delinquent bills to be placed on the tax roll for collection.

Staff is requesting that the tax lien procedure be initiated by setting a public hearing for April 7, 2020 at 6:45 p.m. The individuals will be sent a registered letter informing them of the public hearing; the amount of charges delinquent; and of the City’s intent to place the charge on the next tax roll for collection unless legitimate reasons for not doing so are presented at the hearing:

1. 825 Water Street 15-053-022-036-00

DDA COM 33 FT S & 451 FT 4" W OF NE COR OF NE1/4 OF SE1/4 OF SEC 22 TH S 124 FT TH W 215 FT TH N 124 FT TH E 215 FT TO POB BEING PT OF NE1/4 OF SE1/4 SEC 22-32-7

James Cesaro4549 Miles RoadEast Jordan, MI 49727

Water/Sewer Services $ 507.0910% Collection Fee $ 50.71

$ 557.80

Total: $557.80

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MOTION OFFERED BY:SECOND BY:

ORDINANCE #258AN ORDINANCE TO AMEND CHAPTER 46 UTILITIES

ARTICLE III SEWERS, SECTION 46-128-SEWER SERVICE CHARGE (B) (4)

THE CITY OF EAST JORDAN ORDAINS:

Section 1: Amendment to Section 46-128 Sewer Service Charge (B) (4)

(4) Users outside the city limits shall pay debt retirements rates three times that of users within the city.

The following will be removed and replaced with:

(4) Users outside the city limits shall pay debt retirement rates double that of users within the city.

Section 2: This amendment will take effect seven (7) days after publication per City Charter.

Date: ____________________ Signature: ____________________________ Cheltzi M. Wilson, MMC City Clerk

ROLL CALL VOTE:

AYES:

NAYS:

ABSENT:

ABSTAIN:

ADOPTED:

PUBLISHED:

EFFECTIVE:

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Executed Grant AgreementMSC 218022-CPF

1 Revised September 2019

GRANT NO. MSC 218022-CPF

STATE OF MICHIGAN

COMMUNITY/ECONOMIC DEVELOPMENT GRANT AGREEMENT

BETWEEN THE

MICHIGAN STRATEGIC FUND

AND THE

CITY OF EAST JORDAN

STATE OF MICHIGAN

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

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Executed Grant AgreementMSC 218022-CPF

2 Revised September 2019

TABLE OF CONTENTS

I. Grant Offer

II. Special Terms and Conditions

A. Total authorized budget

1. Source of funds2. Application of funds

B. Scope of Work

III. General Terms and Conditions

Attachment A: Project BudgetAttachment B: Project Description

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3 Revised September 2019

I. GRANT OFFER FOR MICHIGAN CDBG NO. MSC 218022-CPF

The Fund Manager of the Michigan Strategic Fund (the “Grantor”), acting pursuant to Resolution 2020-022 of the Michigan Strategic Fund Board, hereby offers to the City of East Jordan (the “Grantee”), grant assistance subject to the Grant Agreement.

The maximum amount of grant assistance hereby offered for public infrastructure improvements is $2,194,430 (the “Grant”), but in no event shall the amount of the grant assistance for the public infrastructure improvements exceed more than ninety percent(90%) of the total actual cost of the public infrastructure improvements financed with the Grant and Local matching funds. The maximum amount of grant assistance hereby offered for administration is $15,000. If the actualcost is less than shown in the Total Authorized Budget (See Section II(A)(1)), the amount of the Grant shall be reduced on a proportional basis. The Grantee shall be responsible for any cost overruns.

The term of work performance shall be twenty-four (24) months from February 1, 2020 through January 31, 2022 (the “Term”), plus additional time to meet reporting or other procedural requirements.

If construction will not start by 04/01/2020 (the “Commencement Period”), then the Grantee must seek and receive in writing an extension of the Commencement Period from the Grant Administrator prior to the expiration of the Commencement Period, otherwise this Grant Agreement shall terminate and no longer be in effect. In the event this Grant Agreement is terminated as set forth herein, the Grantee must request that the Grant be reapproved by the MSF Board before it may be reinstated.

The Grant is dependent upon the Grantor’s continued receipt of Community Development Block Grant funds and the availability of adequate funds. This Grant Offer does not commit the Grantor to approve requests for additional funds during or beyond this grant.

The foregoing Grant Offer is hereby accepted and it is agreed that the funds made available will be used only as set forth herein and in the attached Special and General Terms and Conditions. The signatories below warrant that they are empowered to enter into this Agreement.

Dated this ___ day of ___________, 2020 Dated this ____ day of __________, 2020

______________________________ ______________________________

Mark Morante Russ PeckFund Manager MayorMichigan Strategic Fund City of East Jordan

Counterparts; Facsimile, Electronic and PDF Signatures; Copies – This Agreement may be executed in any number of counterparts, each of which, when executed shall be deemed an original, and all of which together, shall constitute one and the same agreement. This agreement may be delivered by facsimile, or PDF or other electronic format and in such circumstances, may be relied upon to the same extent as though such copy was an original.

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4 Revised September 2019

II. SPECIAL TERMS AND CONDITIONS

For Michigan CDBG under Title I ofthe Housing and Community Development Act of 1974, as amended.

CFDA #: 14.228 Community Development Block Grants / State’s Program & Non-Entitlement Grants in Hawaii

GRANT NO.: MSC 218022-CPFGRANTEE: City of East Jordan

PO Box 499East Jordan, Michigan 49727Thomas Cannon, City Administrator, 231-536-3381

DUNS NUMBER: 171724438

GRANT ADMINISTRATOR: Michigan Economic Development Corporation

300 North Washington SquareLansing, Michigan 48913Bill Povalla 517-241-6810

FFATA PROJECT DESC.: Public Facility Improvement Project

TERM: February 1, 2020 – January 31, 2022

GRANT FUNDING YEAR: 2018

FEDERAL AWARD: B-18-DC-26-00108/29/2018Department of Housing & Urban DevelopmentAssistant Secretary of Community Planning & Development(202) 708-1112

A. TOTAL AUTHORIZED BUDGET

1. Sources of funds for the project under this Grant Agreement consist of:

Grantor (State) Cash Contributions $2,209,430Grantee (Local) Cash Contributions $ 243,826TOTAL $2,453,229

2. Application of funds to the project supported under this Grant Agreement consists of:

PLEASE REFER TO ATTACHMENT A FOR THE AUTHORIZED BUDGET FOR THIS PROJECT.

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Executed Grant AgreementMSC-218022-CPF

5Revised September 2019

3. Pre-Agreement Costs must be authorized in writing. Unless previously authorized as indicated below, the Grant will only be made available for the Grantee’s eligible expenses, which occur during the Term, in accordance with the Grant Agreement. Date Source Activity Amount 09/27/2018 Grantor (State) Administration Costs $ 10,00009/27/2018 Grantee (Local) Engineering Costs $139,000

B. SCOPE OF WORK

The Scope of Work of the Grantee under this grant shall be to undertake and complete the following activities, as further detailed in the Grantee’s Application July 9, 2019, subject to the limitations set forth in the Grant Agreement and applicable federal and state laws, rules and regulations:

1. Prior to the commitment of any project funds, incurring any project costs, and Grantor disbursement of the Grant, the Grantee shall provide for approval by the Grant Administrator a copy of the complete Environmental Review Record (including the Environmental Assessment), and secure written approval by the Grant Administrator for the Request for Release of Funds and Certification. The Request for Release of Funds and Certification represents local completion of the environmental review procedures and requirements as set forth in 24 CFR Part 58, “Environmental Review Procedures for Title I Community Development Block Grant Program,” issued by the U.S. Department of Housing and Urban Development. Project costs include costs to be paid by the Grant and other local, public and private funds.

2. If the Grantee will be engaging the consultant, supplier, or contractor then the Grantee shall comply with the procurement process required by 2 CFR 200.320. Among other things, this regulation applies to all CDBG funded engineering, administrative, and consultant contracts as well as all CDBG funded construction contracts.

a. For supplies and service contracts such as engineering, administrative and consulting less than or equal to $150,000, the Small Purchase Procedures as provided in 2 CFR 200.320(b)may be used. In accord with this regulation and prior to Grantor disbursement of the Grant, the Grantee shall provide for approval by the Grant Administrator documentation that price or rate quotations were obtained from an adequate number of qualified sources and a copy of the executed contract.

b. For supplies and service contracts such as engineering, administrative and consulting greater than $150,000, Grantee must use competitive negotiation through a Request for Proposal (RFP) or Request for Qualifications (RFQ) process as provided in 2 CFR 200.320(d). In accord with this regulation and prior to Grantor disbursement of the Grant, the Grantee shall provide for approval by the Grant Administrator a copy of the locally published RFP / RFQ, a list of respondents to the RFP / RFQ, Grantee’s evaluation and recommendation for the award of the contract(s), and the executed contract(s).

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Executed Grant AgreementMSC-218022-CPF

6Revised September 2019

c. For construction related contracts, Grantee must use the procurement by Sealed Bids Process as provided in 2 CFR 200.320(c). In accord with this regulation and prior to Grantor disbursement of the Grant, the Grantee shall provide for approval by the Grant Administrator a copy of the locally published advertisement for bids and the bid tabulation.

3. If the Grantee will not be engaging any consultant, supplier, or contractor, then the procurement process required by 2 CFR 200.320 shall not apply. The Grantee shall ensure that payment for services, supplies, or materials shall not exceed the amount ordinarily paid for such services, supplies, or materials in the area where the services are rendered or the supplies or materials are furnished.

4. If the project involves construction activities using the Grant, the Grantee shall provide for approval by the Grant Administrator a copy of all bidding documents or other evidence of compliance with federal labor standards for all construction activities financed in whole or in part with the Grant. Such approval must be secured prior to Grantor disbursement of the Grant for relevant construction activities.

5. If the project involves both Grant and Non-Grant funded construction activities on private property, the Grantee shall provide for approval by the Grant Administrator a copy of all bidding or contract documents showing evidence of compliance with federal labor standards for all construction activities financed with the Grant and any other matching funds on said private property. Such approval must be secured prior to Grantor disbursement of the Grant.

6. If the project involves the installation of machinery and equipment and the installation cost is greater than 20% of the total cost of the machinery and equipment, the Grantee shall provide for approval by the Grant Administrator a copy of all bidding documents or other evidence of compliance with federal labor standards for all installation activities financed in whole or in part with CDBG funds. Such approval must be secured prior to Grantor disbursement of the Grant.

7. If the project involves acquisition, including donations, of real estate, permanent easements and/or right-of-ways, or the relocation of persons, families or farms, the Grantee shall provide for approval by the Grant Administrator documentation of compliance with the Uniform Relocation and Real Property Acquisition Policies Act of 1970. Such approval must be secured prior to Grantor disbursement of the Grant.

8. If the project involves the demolition or conversion of an occupied dwelling unit or a vacant occupiable dwelling unit, the Grantee shall provide for approval by the Grant Administrator documentation of compliance with Section 104(d) of the Housing and Community Development Act of 1974. Such approval must be secured prior to Grantor disbursement of the Grant.

9. If the Project involves improving and/or acquiring real property in whole or in part using Grant funds in excess of $150,000, the Grantee shall provide for approval by the Grant Administrator a Real Property Management Report (RPMR) prior to Grantor

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Executed Grant AgreementMSC-218022-CPF

7Revised September 2019

disbursement of the Grant, annually, at close out, and when the property is no longer needed for its original purpose.

If the real property acquired and/or improved with the Grant is no longer needed for its original purpose at any time during the project and up to five years from close out, the Grantee shall request disposition instructions from the Grantor prior to disposing of thereal property acquired or improved in whole or in part with the Grant. Depending on the disposition request, the Grantee may be required to return a portion of the Grant to the Grantor.

10. If the Project involves acquiring personal property in whole or in part using Grant funds in excess of $150,000, the Grantee shall provide for approval by the Grant Administrator a Personal Property Management Report (PPMR) prior to disbursement of the Grant, annually, at close out, and when the property is no longer needed for its original purpose.

If the personal property acquired with the Grant is no longer needed for its original purpose at any time during the project and after project close out, the Grantee shall request disposition instructions from the Grantor prior to disposing of the personal property acquired in whole or in part with the Grant. Depending on the current per unit fair market value of the personal property, the Grantee may be required to return a portion of the Grant to the Grantor.

11. Grantee is responsible for ensuring that all contractors working on the project are CDBG eligible and properly licensed, bonded, and insured.

12. The Grantee, all contractors, and all subcontractors shall ensure that any construction or rehabilitation implemented pursuant to the terms and conditions of this Agreement shall meet all applicable state and local building codes.

13. The Grantee, all contractors, and all subcontractors shall secure in a timely manner all necessary certificates and permits from municipal or other public authorities as required in connection with the performance of this Agreement.

14. The Grant must be requested on a reimbursement basis or when there is an immediate cash need for the funds.

15. Vendor Registration. To receive payments under this Agreement, the Grantee must register as a vendor with the State. All required payments will be made via electronic funds transfer.

16. Prior to incurring construction costs, the Grantee shall:

a. Provide for approval by the Grant Administrator, final resolution of comments from the State of Michigan (DEGLE) approving this project:

b. Provide comments and approval by the Army Corps of Engineers; and

c. Receive written release of funds for construction costs62

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Executed Grant AgreementMSC-218022-CPF

8Revised September 2019

17. Prior to disbursement of the Grant, the Grantee shall provide for approval by the Grant Administrator:

a. Army Corps of Engineers approval of the project as amended

b. DEGLE approval of the project as amended

18. The Grantee shall expend up to $2,194,430 of the Grant for project activities that benefit the entire Community and are described in Attachment B.

19. The Grantee shall expend up to $15,000 for administration.

20. The Grantor may, in its sole discretion, after discussion with representatives of the Grantee, modify or reduce the total amount of grant assistance offered under this Agreement or terminate this Agreement and demand full repayment of disbursed grant proceeds if the Grantee violates, fails, or refuses to comply with any term, condition, or provision of this Agreement.

21. The Grantee shall provide Program Progress Reports beginning July 15, 2020, and every six (6) months thereafter.

22. The Grantee shall provide a final Payment Request within 60 days of the expiration of the Term. Payment Requests received after this time will not be processed.

23. The Grantee shall provide a final Program Progress Report and all other required close out documents specified by the MSF within 120 days of the expiration of the Term.

24. The Grantee shall provide documentation that at least one public hearing was held after grant award and prior to formal grant closeout. Such documentation shall be provided prior to formal grant closeout.

25. During each of the Grantee’s fiscal years in which a disbursement of the Grant is made under this Agreement, the Grantee shall file an Audit Report. This Audit Report must be prepared by an independent auditor, and be in compliance with the requirements of 2 CFR Part 200, or as required by the Grant Administrator. This Audit Report shall be filed with the Grant Administrator within 30 days after completion of the audit, but not later than nine months after the close of the Grantee’s fiscal year.

26. Whenever possible, auditees shall make positive efforts to utilize small businesses, minority-owned firms, and women's business enterprises, in procuring audit services as stated in 2 CFR Part 200, as applicable.

27. Non-Discrimination and Unfair Labor Practices. In connection with this Agreement, the Grantee agrees not to discriminate against any employee or applicant for employment, with respect to their hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment, because of race, color, religion, national origin, ancestry, age, sex (including sexual orientation and gender identity or expression as defined in Executive Directive 2019-09), height, weight, marital status,

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Executed Grant AgreementMSC-218022-CPF

9Revised September 2019

partisan considerations, physical or mental disability, or genetic information (as defined in Executive Directive 2019-09) that is unrelated to the individual’s ability to perform the duties of the particular job or position. The Grantee further agrees that every subcontract or sub-recipient agreement entered into for performance of this Agreement will contain a provision requiring nondiscrimination in employment, as specified in this Agreement, binding upon each subcontractor. This covenant is required, as applicable under the Elliot Larsen Civil Rights Act, 1976 PA 453, MCL 37.2101, et seq., and the Persons with Disabilities Civil Rights Act, 1976 PA 220, MCL 37.1101, et seq., and is consistent with Executive Directive 2019-09, and any breach thereof may be regarded as a material breach of this Agreement.

Under 1980 PA 278, MCL 423.321, et seq., the State shall not award a contract or subcontract to an employer whose name appears in the current register of employers failing to correct an unfair labor practice compiled under MCL 423.322. The United States Labor Relations Board compiles this information. The Company shall not enter into a contract with a subcontractor, manufacturer, or supplier whose name appears in this register. Under MCL 423.324, the State may void any contract if, subsequent to the award of the contract, the name of the Company as an employer, or the name of a subcontractor, manufacturer, or supplier of the Company appears in the register.

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10 Revised September 2019

III. GENERAL TERMS AND CONDITIONS

1. Applicability to Sub Recipients and Contractors: Where performance of the grant project is carried out by any sub recipient or contractor of the Grantee, the provisions of the Grant Agreement shall be made binding on such sub recipient or contractor by the Grantee. This shall be accomplished by a written agreement or contract between the Grantee and sub recipient or contractor. Where the term “Grantee” appears in this Grant Agreement it shall be read to include any sub recipient or contractor of the Grantee.

The ultimate legal responsibility for insuring compliance with requirements of the Grant Agreement is that of the Grantee designated in the Grant Offer.

2. Compliance by the Grantee: The Grantee shall comply with all applicable provisions of the following:

a. “Statement of Assurances” as included in the Application.b. Compliance with Section 3 of the Housing and Urban Development Act of 1968,

as amended.c. Compliance with Title I of the Housing and Community Development Act of 1974,

as amended (Fair Housing).

3. Maintenance of Records: The Grantee shall maintain records which will allow assessment of the extent of Grantee performance of the Scope of Work and which allow for the comparison of actual outlays with budgeted amounts. The Grantee’s overall financial management system must ensure effective control over, and accountability for, all funds received. Accounting records must be supported by source documentation such as time sheets and invoices.

4. Retention of Records: The Grantee shall retain all financial records, supporting documents, statistical records, and all other pertinent records until notified by the MSF.

5. Publicity: At the request and expense of the Grantor, the Grantee will cooperate with the Grantor to promote the Grant Activities through one or more of the placement of a sign, plaque, media coverage or other public presentation at the project or other location acceptable to the Parties.

6. Applicability of Federal Regulations: In the event that federal laws, statutes, rules or regulations related to HUD or CDBG funding require a change to this Grant Agreement, this Grant Agreement shall be immediately interpreted, modified, applied and enforced consistent with those changes as though they were in the original Grant Agreement. Those changes shall be incorporated into this Grant Agreement in writing as soon as possible without unreasonable delay by any party.

7. Amendments. The Grantee must obtain prior written approval of the Grant Administrator for grant amendments as follows:

a. changes of substance in the Scope of Work including new activities or alterations of existing approved activities;

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11Revised September 2019

b. extensions to the term of work performance for completion of project activities;

c. for Grants of less than $100,000, cumulative changes among approved CDBG funded budget items which exceed $5,000 or five (5) percent of the Grant, whichever is the lesser amount; and

d. for Grants of $100,000 or more, cumulative changes among approved CDBG funded budget items which exceed $10,000 or five (5) percent of the Grant, whichever is the lesser amount.

The amendment request must be submitted by an authorized local official of the Grantee.

8. Suspension of Grant: When the Grantee has failed to comply with the grant award stipulations, standards, or conditions, as provided in Section II(B)(15), the Grantor may, on reasonable notice to the Grantee, suspend the grant and withhold further payments, or prohibit the Grantee from incurring additional obligations of grant funds, pending corrective action by the Grantee or a decision to terminate in accordance with these Terms and Conditions. The Grantor will allow all necessary and proper costs, which the Grantee could not reasonably avoid during the period of suspension, provided they meet the provisions of 2 CFR Part 200.

9. Termination for Cause: The Grantor may terminate this grant in whole, or in part, at any time before the date of completion, whenever it is determined that the Grantee has failed to comply with the conditions of the grant as provided in Section II(B)(15). The Grantorwill promptly notify the Grantee in writing of the determination and the reasons for the termination, together with the effective date. Payments made to recipients, or recoveries by the Grantor, will be in accordance with the legal rights and liabilities of the parties.

10. Termination for Convenience: The Grantor or the Grantee may terminate this grant in whole, or in part, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of the Grant. The two parties shall agree upon the termination conditions, including the effective date and, in the case of partial terminations, the portion to be terminated. The Grantee shall not incur new obligation for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The Grantor will allow full credit to the Grantee for the Grantor’s share of the noncancelable obligations that were properly incurred by the Grantee prior to termination.

11. The Grantee and political subdivisions, agencies, and instrumentalities thereof, when engaged in letting contracts or procuring products or services which involved funds obtained from the Grantor shall ensure that bid specifications, project agreements, other controlling documents, and any other local requirements do not:

a. require bidders, offerors, contractors, or subcontractors to enter into or adhere to agreements with one or more labor organizations on the same or related projects;

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b. discriminate against bidders, offerors, contractors or subcontractors for refusing to become or remain signatories or otherwise adhere to agreements with one or more labor organizations on the same or related construction projects; or

c. require any bidder, offeror, contractor, or subcontractor to enter into, adhere to or enforce any agreement that requires its employees as a condition of employment to:

i. become members of or become affiliated with a labor organization; or

ii. pay dues or fees to a labor organization, over an employee’s objection, in excess of the employee’s share of labor organization costs relating to collective bargaining, contract administration or grievance adjustment.

12. The MSF, the State of Michigan, its board and its employees shall not in any manner be liable for any loss or damage connected to or resulting from activities conducted under this Agreement; nor for any injury or damages to any person whether an employee of the Grantee or otherwise, or for damage to any materials, equipment, or other property that may be used or employed in connection herewith.

The parties hereby agree that the invalidity of any clause, part, or provision of this Agreement shall not affect the validity of the remaining portions thereof.

13. Prohibit Use of Grant Disbursements: The Grantee shall not use any Grant Disbursements for the development of a stadium or arena for use by a professional sports team or development of a casino or property associated or affiliated with the operation of a casino as prohibited by the Act (see MCL 125.2088c(3)(a) and (b)), or to induce the Company, a qualified business, or small business to leave the State of Michigan, or to contribute to the violation of internationally recognized workers’ rights, of workers in a country other than the US, or to fund an entity incorporated in a tax haven country, as prohibited by the Act (see MCL 125.2088c(4)(c), (d), and (e)).

14. Criminal or Civil Matters: The Grantee affirms that to the best of its knowledge that it or its Affiliates, subsidiaries, officers, directors, managerial employees, and any person who, directly or indirectly, holds a pecuniary interest in the Company of Twenty percent (20%) or more: (i) do not have any criminal convictions incident to the application for or performance of a state contract or subcontract; and (ii) do not have any criminal convictions or have not been held liable in a civil proceeding, that negatively reflects on the person’s business integrity, based on a finding of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or violation of state or federal antitrust statutes.

Counterparts; Facsimile, Electronic and PDF Signatures; Copies – This Agreement may be executed in any number of counterparts, each of which, when executed shall be deemed an original, and all of which together, shall constitute one and the same agreement. This agreement may be delivered by facsimile, or PDF or other electronic format and in such circumstances, may be relied upon to the same extent as though such copy was an original.

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Attachment AMSC-218022-CPF

A-1

Attachment A

PROJECT BUDGET

MICHIGAN ECONOMIC DEVELOPMENT CORPORATION

City of East Jordan MSC 218022-CPF 2. Project Title: Rejoining East Jordan

3. Project Cost Elements 4. Project Funding Sources (Identify all other funding sources)

Activities CDBG Local TOTAL

Construction $2,194,430 $20,319 $2,214,749Architectural and Engineering $223,507 $223,507Grant Administration $15,000 $15,000

TOTAL $2,209,430 $243,826 $2,453,256

MICHIGAN COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

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Executed CopyMSC 218022-CPF

C-1

PROJECT DESCRIPTION, TIMELINE, AND NATIONAL OBJECTIVE

PROJECT DESCRIPTION

The proposed project would build an accessible pedestrian bridge utilizing an existing maintenance pier from the East Jordan City Marina to the west side of the M-32 Causeway. This will include the construction of two pavilions. There will be minor multimodal improvements to the M-32 bridge as well as a boardwalk installation along the path. The project related sites include 98 Bridge Street, the M-32 Bridge corridor, the East Jordan Municipal Marina and Memorial Park.

TIMELINE

Engineering and design 7/1/2019 12/20/2019Bidding 12/22/2019 1/29/2019Construction 4/1/2020 7/31/2021

NATIONAL OBJECTIVE

Public Facilities Project-Area Benefit51% of the population is Low/Mod income

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Administrator’s Report

3/3/20

1. Vacation Schedule I will be on spring break vacation 3/27 – 4/5 this month and since Clerk Wilson will also be gone that week, Heather Jackson will serve as Acting Administrator. With that being the typical week of creating the next agenda, we’ll plan to have the 4/7 agenda created the week leading up to vacation.

2. NLEA Luncheon NLEA has announced their annual luncheon and awards ceremony will take place April 24th, at Boyne Mountain. If any City Commissioners would like to attend, please let us know in advance of registration.

3. Police Union Change/NegotiationsWe have notified the Police Union will be changing from POAM to FOP for the upcoming contract. A Volunteer Recognition form was signed last week which still allows POAM to manage the existing contract that expires June 30, 2020. Contract negotiations for the 2020-2023 contract will begin this spring.

4. MML ConferenceReminder for Commissioners attending the Lansing Capital Conference is March 24th and 25th. At this time, I may only be able to attend Wednesday’s session but will coordinate use of city car and schedule later this month.

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5. EPA Cleanup/EJHS Former Salvage YardWe are coordinating an effort with EJPS, EPA & EGLE on testing and cleanup efforts at the former salvage yard. The school plans to use a section for paved parking and uses of the remaining property are yet to be determined. Rather than a grant funded project, the contracting services will be directly paid by EPA with the City/EJPS being co-applicants of the services.

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