   |
 |
||||||||
 |
 |
|
|||||||
 |
|
||||||||
 |
|
|
|
|
|
|
|
| Vendor | Description | Fund | Amount |
| Plante & Moran, PLLC | Progress billings in connection with the audit of June 30, 2003 financial statements | General | $9,000.00 |
| Plante & Moran, PLLC | Billing in connection with the GASB 34 audit requirements for the June 30, 2003 financial statements | General | $4,500.00 |
| Plante & Moran, PLLC | Billing in connection with assistance with the implementation of GASB 34 and preparation of the June 30, 2003 cutover statements | General | $4,500.00 |
Motion supported by Councilperson Ford.
Roll Call Vote.
AYES: Mayor Pro-Tem Osika, Councilpersons Ford, Horvath, Owen, and Mayor Davis.
NAYS: None.
ABSENT: Councilpersons Anderson and Robertson.
ITEMS OF BUSINESS
MICHIGAN MUNICIPAL LEAGUE UNEMPLOYMENT GROUP MEMBERSHIP AGREEMENT
Motion by Councilperson Ford to approve the revised agreement with the Michigan Municipal League Unemployment Group as follows:
MEMBERSHIP AGREEMENT
Michigan Municipal League
Unemployment Compensation Group Account
(November, 2003)
This agreement is made between the undersigned governmental entity and other governmental entities of the State of Michigan that are members of the Michigan Municipal League’s Unemployment Compensation Group Account. This Agreement supercedes all previous agreements between the parties.
1. In the interpretation of this agreement the following definitions apply:
(A) “League” means the Michigan Municipal League, a Michigan nonprofit corporation, as representative of the Group Account.
(B) “Executive Director” means the Executive Director of the Michigan Municipal League.
(C) “Group Account” is the group, composed of governmental entities as defined by MCL 421.50a, approved by the Michigan Employment Security Commission on January 1, 1978, of which the League is the authorized representative.
(D) “MESA” means the Michigan Employment Security Act, Act 1 of 1936 (Ex Sess) State of Michigan as amended (MCL Sec. 421.1 et seq; MSA Sec. 17.501 et seq).
(E) “BW&UC” means the Michigan Bureau of Workers’ & Unemployment Compensation.
(F) “Board” means the Board of Trustees of the Michigan Municipal League.
2. The purpose of this agreement is to pay the cost of unemployment benefits on behalf of members of the Group Account. No applicant shall become a member of the Group Account until its application has been approved by the BW&UC.
3. Members of the Group Account will:
(A) Comply with all rules, regulations and guidelines formulated by the Board with respect to the Group Account. The League or its service agency is permitted to evaluate operational areas of the Unemployment Compensation Group Account program in each member of the Group Account.
(B) Provide the League, upon written request, with an authenticated statement of the member’s total gross and taxable payroll and contributions into the Group Account. The League shall have the right, on reasonable notice and at reasonable times, to inspect all payroll books and records of each member to verify such information.
(C) Cooperate with the League and its service agency in the processing of any claim filed with the BW&UC. Each member will submit, along with the contribution report, a copy of its quarterly wage report (UC 1017).
(D) Pay an initial contribution of an amount equal to 2% of the annual total taxable payroll for the previous calendar year of the Group Account, or such amount currently required by the rules pertaining to the Group Account, at the time of acceptance into the Group Account. This amount is payable within thirty (30) days after the end of each calendar quarter; quarterly payment statements shall be supplied by the League. The annual taxable payroll for each member shall be the aggregate taxable wage base for each employee of that member covered by the MESA, adjusted as necessary, in accordance with an annual audit or other periodic review, by the Board. Any member with a negative reserve at the end of the Group Account’s fiscal quarter ending June 30th of any year must pay the negative balance in full, upon notification from the Group Account.
(E) Be a member of the Group Account for a minimum of two calendar years. Memberships in the Group Account commence on the first day of the calendar quarter following approval by the Board, and the membership automatically renews on December 31st of each year.
(F) Designate and appoint the League, or its service agency, as its agent to represent such member of the Group Account in all activities related to the MESA, and authorize it to use its discretion before the BW&UC, courts, or other agencies of the State of Michigan on claims regarding unemployment compensation. This power shall not be revocable until the member’s membership is duly terminated and all claims which arose during its membership have been fully adjudicated.
4. As agent of the Group Account, the League will:
(A) Provide an unemployment compensation group reimbursement and service program for League members and associates who are accepted into the Group Account. The Group Account is operated as a service of the League under authority of the Board, pursuant to such rules as the Board may adopt, in conformity with all statutes and other requirements of the State of Michigan as may now or hereafter be applicable.
(B) Submit the application of each prospective member to the BW&UC for membership in the Group Account.
(C) Serve as the authorized representative of the Group Account for purposes of complying with the MESA, or designate a service agency to act as authorized representative. As appointment attorney-in-fact, the League, or its designated service agency, shall represent each member of the Group Account in all activities relating to the MESA and may at its own discretion represent each member on any unemployment compensation claim against it before the BW&UC, courts, and/or other agencies.
(D) Develop, implement, and operate an unemployment compensation claims management service program for the Group Account in accordance with the provisions of the MESA and rules of the BW&UC, and in accordance with such Group Account rules as the Board may from time to time adopt. The claims management service will include such activities as are necessarily involved in the processing of unemployment claims against the individual members.
(F) Receive and administer the contributions of the Group Account for the purpose of funding a suitable and sufficient reserve to reimburse the BW&UC for all legal obligations arising out of claims filed by employees of members of the Group Account, and funding any and all expenses incurred in the establishment and operation of the Group Account. Contributions paid by members shall be credited to the account of the member. All sums paid in, and interest earned on advance deposits, may be applied to any lawful purpose of the Group Account, including maintenance of delinquent members’ accounts pending termination as authorized herein.
5. A Technical Advisory Committee will be appointed by the Board, to advise the Board on matters affecting the operation of the Group Account, if the Board elects to appoint one.
6. The League may provide, at its discretion, education and training for officials of Group Account members in the general provisions of unemployment compensation and the procedures necessary for effective unemployment compensation cost control at workshops and otherwise.
7. Termination
(A) After two (2) calendar years’ of membership, any member may terminate by giving notice to the BW&UC and to the League, at least thirty (30) days prior to the first day of the calendar year when the member’s termination is to be effective.
(B) Any member of the Group Account may be terminated by the League, subject to the approval of the BW&UC. If any member is in arrears on contributions or on reimbursements to the Group Account for more than thirty (30) days after billing, the Executive Director is authorized to report the member to the BW&UC for termination at the end of the calendar year, in accordance with the MESA. Such termination shall not affect any member’s obligations to reimburse the Group Account for all charges attributable for credit weeks of eligible persons in its employ. The member shall pay amounts owed the Group Account on or after termination, and any additional amounts which the Group Account may be required by the BW&UC to pay on the account of any member. The member shall also be liable to the League and/or the BW&UC for all such sums and any other payments made on its behalf.
(C) On termination of any member of the Group Account, whether the membership was terminated voluntarily by the member or involuntarily pursuant to this agreement, the member shall pay the Group Account the full amount of the negative balance, if any, as established after verification of charges incurred prior to the termination date. Any member terminated from the Group Account shall remain obligated to reimburse the Group Account for any charges for claims and benefits paid by the BW&UC to individuals who have terminated employment with the member due to credit weeks charged in accordance with state law while the terminated member was a member of the Group Account.
(D) Any member who fails to abide by the terms of this agreement and the rules and regulations applicable to the Group Account, or who fails to maintain its membership in the Michigan Municipal League, shall be notified of its responsibility under this agreement and the action required to remedy its default. Failure to correct the default within thirty (30) days shall be grounds for termination of the member’s membership in the Group Account as above provided.
(E) In the event of the termination of any member, the account of the member shall be maintained for an additional fifty-two (52) week period. If, during this fifty-two (52) week period the member’s reserve balance reaches zero, the member will then become responsible for immediate payment to the Group Account for all payments due by the Group Account to the BW&UC. If at the end of the fifty-two (52) week period the member’s account balance is positive, the balance will be refunded to the member, less a termination charge of ten (10) percent of the balance (but not less than $200 nor more than $1,000).
(F) The Group Account will be responsible for only those claims and benefits initiated by individuals who have terminated employment with the member on or after the first day of membership in the Group Account, and who have credit weeks charged in accordance with the MESA to time periods of employment on or after the first day of the membership. BW&UC charges in excess of the member’s contributions will be reimbursable to the Group Account by the member. All claims continuing in effect against the Group Account, and all claims which subsequently become the liability of the Group Account through application of either state or federal law shall be reimbursable to the Group Account by the member. All claims filed by persons who earned credit weeks prior to the employer becoming a member of the Group Account, and who have terminated from the member prior to the acceptance of the member’s application for membership, will be the obligation of the member.
8. The Group Account will compensate the League for its services in the establishment and operation of the Group Account as approved by the Board.
9. In the event the Group Account is dissolved, the League will remit to each member all monies remaining in the Group Account unless required to deposit these monies or part thereof with the BW&UC. This remittance will be based upon each member’s account balance, less any and all claims charged against each participating member, less all pro rata administrative and other expenses.
I certify that the entity named below has received and accepted the revised membership agreement of the Michigan Municipal League Municipal Unemployment Compensation Group Account, and will comply with its terms and conditions.
City of Owosso
By: Mayor John C.M. Davis
City Clerk Gail L. Schultz
Receipt and Acceptance: January 5, 2004
Motion supported by Mayor Pro-Tem Osika.
Roll Call Vote.
AYES: Mayor Pro-Tem Osika, Councilpersons Ford, Horvath, Owen, and Mayor Davis.
NAYS: None.
ABSENT: Councilpersons Anderson and Robertson.
BUILDING SALE – 300 NORTH WASHINGTON STREET
There was general City Council discussion regarding the proposed sale of property.
Motion by Mayor Pro-Tem Osika to directed Staff to prepare purchase agreement for the sale of the building located at 300 North Washington Street, currently housing the Shiawassee Council on Aging.
Motion supported by Councilperson Ford.
Roll Call Vote.
AYES: Mayor Pro-Tem Osika, Councilpersons Ford, Horvath, Owen, and Mayor Davis.
NAYS: None.
ABSENT: Councilpersons Anderson and Robertson.
ECONOMIC DEVELOPMENT SERVICES AGREEMENT
Councilperson Horvath informed City Council that he would abstain from voting on this issue due to his employment with the program.
Motion by Councilperson Owen to approve the proposed agreement with the Shiawassee Regional Chamber of Commerce regarding the economic development services program as follows:
AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES
THIS AGREEMENT is made this fifth day of January, 2004, by and between the City of Owosso, 301 West Main Street, Owosso, Michigan 48867 (“City”) and the Owosso-Corunna Area Chamber of Commerce (d/b/a Shiawassee Regional Chamber of Commerce), 215 North Water Street, Owosso, Michigan 48867 (“Chamber”).
WHEREAS, Chamber has initiated a program of economic development
activities for the purpose of enhancing the well-being of Shiawassee
County residents through efforts directed at increasing employment
opportunities and improving the incomes of those residents through
activities such as marketing industrial sites, retention of existing
economic base employers, and facilitating business
WHEREAS, in order to operate said program, Chamber has sought financial assistance from various public, private, and nonprofit organizations in Shiawassee County, including City; and
WHEREAS, City, by action of its City Council, has agreed to provide direct financial and in-kind assistance in support of said program;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows:
1. Throughout the term of this agreement and any extension thereof, Chamber shall provide a comprehensive program of economic development activities including marketing available industrial and major commercial sites to known prospects, making periodic calls on economic base employers for the purpose of assessing their current vitality and future needs, and assisting new economic base businesses in commencing activities in the community. It is understood that Chamber shall conduct such activities fairly on behalf of all Shiawassee County communities and that activities conducted within the Owosso corporate limits shall generally reflect the numbers of existing economic base businesses and available sites and buildings located within the corporate limits.
2. City shall pay to Chamber, or to one of its subsidiaries, for services rendered by Chamber as described above the amount of $15,713 annually, said amount representing $1 per capita based on the 2000 Census of Population. City shall pay this amount after having received an invoice from Chamber or from one of its subsidiaries.
3. City shall further provide in-kind services in the amount of $15,713 annually in support of economic development activities. Such in-kind services shall include work performed by the Director of Community Development in the course of his employment by City which is oriented toward the support and development of economic base activities, including, but not limited to, development and marketing of sites for economic base businesses, retention calls on economic base businesses, addressing inquiries from prospects and existing businesses, processing applications for tax abatements and conducting studies and preparing plans. The City may provide other in-kind contributions to Chamber subject to the approval of the City Manager and budget allowances therefore.
4. The term of this agreement shall be five (5) years from the date of this agreement. At the conclusion of the initial term, the agreement shall be extended automatically for additional one-year periods unless either party notifies the other within sixty (60) days of the end of the initial term or any extension thereof of its intent to terminate the agreement.
5. Other provisions of this agreement to the contrary notwithstanding, City shall have the right to terminate the agreement thirty (30) days after notifying Chamber that Chamber is in default of the terms of the agreement by reason of its having discontinued the provision of a comprehensive program of economic development activities in Shiawassee County. If City elects to terminate the agreement, Chamber shall refund to City a pro rata share of the payment made pursuant to paragraph 2.
6. It is expressly understood and agreed that Chamber is an independent contractor. The employees, servants and agents of Chamber shall in no way be deemed to be and shall not hold themselves out as the employees, servants or agents of City.
7. Chamber shall, at its own expense, protect, defend, indemnify and save harmless City and its elected and appointed officers, employees, servants and agents from any and all liability resulting from any acts, omissions or negligence of Chamber and Chamber’s employees, servants and agents that might arise out of this agreement. Chamber’s responsibilities to City as set forth in this section shall remain without regard to insurance coverage obtained by Chamber pursuant to the requirements of this agreement.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE SET THEIR HANDS THE DATE FIRST ABOVE WRITTEN.
CITY OF OWOSSO SHIAWASSEE REGIONAL
CHAMBER OF COMMERCE
Motion supported by Councilperson Ford.
AYES: Mayor Pro-Tem Osika, Councilpersons Ford, Owen, and Mayor Davis.
NAYS: None.
ABSTAIN: Councilperson Horvath.
ABSENT: Councilpersons Anderson and Robertson.
COMMUNICATIONS
Steve Corey, Corunna Mayor. Christmas card to Council.
The Curwood Festival. 27th Annual Curwood Festival.
Gail L. Schultz, City Clerk. Correction of schedule of meetings.
John F. Archer, Building Official. November 2003 Code Violations Report.
Owosso Planning Commission. Minutes of Meeting of December 16, 2003.
Owosso Zoning Board of Appeals. Annual Zoning Board of Appeals Report.
Shiawassee District Library Board. Minutes of Meeting of November 5, 2003.
Shiawassee District Library. District Library Newsletter.
CITIZEN COMMENTS
Tom Thiede, 5554 River Road, continued his comments regarding the use of the soccer fields and felt that they should be available for use by everyone.
Cindy Shuster, 227 West Stewart Street, commented regarding membership fees, expenses, city taxes paying for upkeep of park, cost of field maintenance, and use of fields by non-city residents.
Ed Mahaney, 508 Brandon Street, commented regarding the condition of the soccer fields and charging reasonable program user fees.
ADJOURNMENT
Motion by Councilperson Owen for adjournment at 8:18pm, supported by Councilperson Horvath and concurred in by unanimous vote.
John C.M. Davis, Mayor
Gail L. Schultz, City Clerk
|
Business |
Community |
Government |
City Services |
Reference Desk We welcome your comments and
feedback about our website!
|
