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CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 12, 2013
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
CALL TO ORDER:
PRAYER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
HONORS AND AWARDS:
A. 2013 Employee Service Awards.
B. Recognition of JAAR Partnerships Participation in the Second Annual
Police “GOOD BUDDY BUCKS” Program.
C. Muskegon Police Department Citizen Certificate of Appreciation for
Diane Kooi.
D. Recognition of Fall 2013 Citizen’s Police Academy Graduates.
CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Sludge Hauling and Disposal. PUBLIC WORKS
C. Moratorium on Fees for 2014 Vacant Buildings. PLANNING &
ECONOMIC DEVELOPMENT
D. Emergency Pump Replacement at Beach Street Lift Station. PUBLIC
WORKS
E. Acceptance of an Easement from ADAC Automotive, Inc. at the
Southwest Corner of Keating and Port City Blvd. ENGINEERING
F. Winter Closure of Beach Street between Lakeshore Drive and
Beachwood Park from the 3rd Friday in December to the 3rd Friday in
March. PUBLIC WORKS
G. Approval of the Fair Housing Agreement with Muskegon County.
COMMUNITY & NEIGHBORHOOD SERVICES
H. Extending the Master Plan. PLANNING & ECONOMIC DEVELOPMENT
I. Resolution Authorizing the SAW Grant Agreement. ENGINEERING
PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate – ADAC
Plastics, 2050 Port City Blvd. PLANNING & ECONOMIC DEVELOPMENT
B. Request for an Industrial Facilities Exemption Certificate – ADAC
Plastics, 2653 Olthoff Dr. PLANNING & ECONOMIC DEVELOPMENT
C. Request for an Exemption of New Personal Property (PA 328) – ADAC
Plastics, 2050 Port City Blvd. PLANNING & ECONOMIC DEVELOPMENT
D. Request for an Exemption of New Personal Property (PA 328) – ADAC
Plastics, 2653 Olthoff Dr. PLANNING & ECONOMIC DEVELOPMENT
NEW BUSINESS:
A. Transmittal of 6/30/13 Comprehensive Annual Financial Report.
FINANCE
B. Supplemental MERS Contribution. FINANCE
C. First Quarter 2013-14 Budget Reforecast. FINANCE
D. Rental Program and Environmental Code Compliance Professional
Services Agreement. PLANNING & ECONOMIC DEVELOPMENT
E. Next Michigan/West Michigan Economic Partnership – Interlocal
Agreement for the West Michigan Economic Development Partnership.
PLANNING & ECONOMIC DEVELOPMENT
F. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
224 W. Grand
850 Turner
860 Emerson (Garage Only)
1324 Pine
1459 Terrace
868 W. Hackley
345 W. Grand
709 E. Apple (Remove Concrete from Second Garage Only)
ANY OTHER BUSINESS:
PUBLIC PARTICIPATION:
ADJOURNMENT:
ADA POLICY: The City of Muskegon will provide necessary auxiliary aids and services to individuals who
want to attend the meeting upon twenty four hour notice to the City of Muskegon. Please contact Ann
Marie Cummings, City Clerk, 933 Terrace Street, Muskegon, MI 49440 or by calling (231) 724-6705 or
TTY/TDD dial 7-1-1 to request a representative to dial (231) 724-6705.
Date: November 12, 2013
To: Honorable Mayor and City Commissioners
From: Ann Marie Cummings, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the October 22nd
City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
OCTOBER 22, 2013
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, October 22, 2013.
Mayor Gawron opened the meeting with a prayer from George Monroe from
the Evanston Avenue Baptist Church after which the Commission and public
recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Gawron, Vice Mayor Lawrence Spataro,
Commissioners Eric Hood, Willie German, Sue Wierengo, Byron Turnquist, and Lea
Markowski, City Manager Franklin Peterson, City Attorney John Schrier, and City
Clerk Ann Marie Cummings.
2013-85 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the October 7th Commission
Worksession Meeting, and the October 8th City Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Consideration of Bids for B-251 Musketawa Trail Connector; Industrial
Park to Port City Blvd. ENGINEERING
SUMMARY OF REQUEST: Award the construction of a bike path contract along
the south side of Keating Avenue between Industrial Park and Port City Blvd. to
TJM Services out of Allegan for $75,560.86 as they were the lowest responsible
bidder.
FINANCIAL IMPACT: The construction cost of $78,560.86 plus engineering cost
which is estimated at an additional 15%.
BUDGET ACTION REQUIRED: Incorporate this project into the 2013/2014 budget
when adopting the first quarterly update.
1
STAFF RECOMMENDATION: Award the contract to TJM for $75,560.86 and
incorporate into the 2013/2014 budget.
C. Dredging Contract for Cottage Grove and Hartshorn Launch Ramps.
PUBLIC WORKS
SUMMARY OF REQUEST: Award the dredging of the launch ramps at Cottage
Grove & Hartshorn contract to Great Lakes for $192,714.26 and authorize the
Mayor and Clerk to sign the contract. Great Lakes, out of Muskegon, was the
only bidder on this project.
It is further requested that the award, if granted, be conditional upon approval
of the bids by MDNR.
FINANCIAL IMPACT: Contract amount of $192,714.26 plus the previously
approved amount for the engineer.
BUDGET ACTION REQUIRED: Adjust the budgeted amount to $210,000 instead of
the amount shown of $175,000 in the upcoming budget reforecast.
STAFF RECOMMENDATION: Award the contract to Great Lakes.
D. Remove Board of Review Member. CITY CLERK
SUMMARY OF REQUEST: To remove Georgia Strube from the Board of Review
because she moved out of the City of Muskegon.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Vice Mayor Spataro, second by Commissioner Wierengo to approve
the Consent Agenda as read.
ROLL VOTE: Ayes: Spataro, German, Wierengo, Turnquist, Markowski, Gawron,
and Hood
Nays: None
MOTION PASSES
2013-86 PUBLIC HEARINGS:
A. Request for an Industrial Facilities Exemption Certificate – AFI Hole Drill.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, AFI
Hole Drill, 1920 Port City Blvd., has requested the issuance of an Industrial
Facilities Tax Exemption Certificate. The total capital investment will be $476,000
in personal property and will create two jobs. This qualifies them for a tax
abatement of six years under the current City policy.
FINANCIAL IMPACT: The City will capture certain additional property taxes
2
generated by the expansion.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of six years for personal property.
The Public Hearing opened to hear and consider any comments from the
public. Steve kutches, President, gave an explanation of the project. No
comments were made by the public.
Motion by Commissioner Turnquist, second by Commissioner German to close
the Public Hearing and approve the resolution granting an Industrial Facilities
Exemption Certificate for a term of six years for personal property for AFI Hole
Drill.
ROLL VOTE: Ayes: German, Wierengo, Turnquist, Markowski, Gawron, Hood, and
Spataro
Nays: None
MOTION PASSES
B. Request for an Industrial Facilities Exemption Certificate – AFI
Machining. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Pursuant to Public Act 198 of 1974, as amended, AFI
Machining, 1920 Port City Blvd., has requested the issuance of an Industrial
Facilities Tax Exemption Certificate. The total capital investment will be $595,500
in personal property and will create two jobs. This qualifies them for a tax
abatement of six years.
FINANCIAL IMPACT: The City will capture certain additional property taxes
generated by the expansion.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the resolution granting an Industrial
Facilities Exemption Certificate for a term of six years for personal property.
The Public Hearing opened to hear and consider any comments from the
public. Steve kutches, President, commented on the project. No comments
were made by the public.
Motion by Vice Mayor Spataro, second by Commissioner Wierengo to close the
Public Hearing and approve the resolution granting an Industrial Facilities
Exemption Certificate for a term of six years for personal property for AFI
Machining.
ROLL VOTE: Ayes: Wierengo, Turnquist, Markowski, Gawron, Hood, Spataro, and
German,
Nays: None
3
MOTION PASSES
ANY OTHER BUSINESS: Comments were made reference Bike Time and
Smartzone.
PUBLIC PARTICIPATION: Public comments were received.
ADJOURNMENT: The City Commission Meeting adjourned at 6:20 pm.
Respectfully submitted
Ann Marie Cummings, MMC
City Clerk
4
Commission Meeting Date: November 12, 2013
Date: October 31, 2013
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Moratorium on fees for 2014 Vacant Buildings
SUMMARY OF REQUEST: Request to approve a moratorium on fees
charged to owners of vacant buildings that are entering their sixth year
billing cycle or under in 2014. Eligibility requirements for the moratorium
of fees charged are proposed to remain the same as the 2013.
Moratoriums would be determined based on the criteria included on the
attached Vacant Building Registration Moratorium with one addition to
item number 3 of the criteria (in bold):
3. There were no more than 2 environmental letters sent to the address with
no work being performed at the address in the vacancy years in question nor
did the City need to board the structure in order to secure it.
FINANCIAL IMPACT: Exact amount unknown but should be minimal.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of a fee
moratorium for vacant building invoices meeting the approved criteria.
COMMITTEE RECOMMENDATION: None
Vacant Building Registration Moratorium on 6th year fees.
A proposed billing moratorium could be initiated for the year of 2014, impacting all
structures that are about to enter their sixth vacant building billing cycle or under. This
moratorium would apply only to structures that meet certain criteria to insure that the
structure is being properly maintained and the owners are current on all their
responsibilities to the various city departments.
The criteria staff feels a vacant building would have to meet to qualify for a moratorium
of fee are:
1. All taxes & fees, such as mowing charges, vacant building registration,
landlord registrations, business registrations and any other applicable fees,
must be fully paid and current.
2. All city supplied utilities for the property must be fully paid.
3. There were no more than 2 environmental letters sent to the address with no
work being performed at the address in the vacancy years in question nor did
the City need to board the structure in order to secure it.
4. The building owner can demonstrate that they have made recent investments
in the vacant building during the vacancy period or in the case of a building
in good condition, they have continued to provide the necessary financial
support for the building to be in usable and move-in condition.
5. The property has been listed during the vacancy period and is still currently
listed for sale with a professional realty firm.
Due to the complexities of the overall program, city staff would utilize our current
appeal process to administer the moratorium and the owners that feel they qualify would
be required to apply for the moratorium after being billed. To make the public aware of
this opportunity, we would have to mail a notice to each qualified owner informing them
of the moratorium and its requirements to qualify. If the owner felt they could meet the
criteria, they would apply with supporting documentation, if they do not meet the criteria
we would hope they would not apply for it and consume staff time with the reviews.
Because of the criteria that must be met and the large number of structures that we will
be billing, staff would not be able to review all the invoices prior to billing. We simply
do not know if all of the structures can meet the criteria and we do not have the staff to
make those determinations in advance.
Using the appeal process, staff can make the determination by requiring the owner to
provide some of the above listed information and this will cut down on staff time spent.
Even so, this will substantially increase the amount of time staff must spend processing
paperwork for this program.
Agenda Item No. _________
Date: 11/12/13
To: Honorable Mayor and City Commission
From: Department of Public Works
RE: Emergency Pump Replacement at Beach
Street Lift Station.
________________________________________________________
SUMMARY OF REQUEST: Authorize staff to purchase a new pump
from Kennedy Industries for the Beach Street Lift Station.
FINANCIAL IMPACT: Total cost $16,603.00.
BUDGET ACTION REQUIRED: None, expenditures for the purchase
would come from the Sewer Budget.
STAFF RECOMMENDATION: Approve purchase.
Memorandum
To: Mohammed Al-Shatel
From: Dave Baker
Date: 11/7/2013
Re: Pump Replacement at Beach Street Lift Station
The number 1 pump at Beach Street Lift Station failed and was sent to
Kennedy Industries for repair. Several of the parts that need repair are no longer
available or take a long time to receive and are very expensive. I recommend
replacing the pump with a new Flygt Pump from Kennedy Industries at the quoted
price of $16,603.00 including installation.
Kennedy Industries replaced pump number 2 in 2009. I would like to replace
pump number 1 with the same style of pump and Kennedy Industries is the sole
distributer of Flygt Pumps.
David Baker
Superintendent of Public Utilities
1
QUOTATION
DATE NUMBER PAGE
9/11/2013 48861 1 of 1
Accepted By:
B MUS300
I Company:
L CITY OF MUSKEGON, WATER & SEWER DEPT.
L WATER & SEWER DEPARTMENT Date:
T 1350 E. KEATING
O MUSKEGON, MI 49442 PO#:
ATTENTION:
DAVE BAKER [email protected]
WE ARE PLEASED TO PROPOSE THE FOLLOWING FOR YOUR CONSIDERATION:
CUSTOMER REF/PO # JOB # JOB TITLE SLP SHIPPING TYPE
QUOTE 48861 BEACH STREET REPLACEMENT PUMP AKM / MJH FRT ALLOWED
QTY DESCRIPTION
PUMP STATION EQUIPMENT CONSISTING OF:
(1) FLYGT NP3171.091 PUMP WITH 454 IMP, FLS, FM, FV, LSB, SSCJ
AND 50' CABLE RATED 30/460/3.
(1) 4" X 6" COMPACT FLG REDUCER.
(1) UL LISTED MINI CAS --- SHIPPED LOOSE.
(1) BASE FOR MINI CAS --- SHIPPED LOOSE.
(1) INSTALLATION OF MINI CAS.
NET PRICE: --- $16,603.00
*********************************************************************************************************
WE DO NOT INCLUDE: CONCRETE, ANCHOR BOLTS, PIPING, VALVES, STARTERS, CONTROLS, CONDUIT, WIRING OR JUNCTION
BOXES
WE APPRECIATE THIS OPPORTUNITY TO QUOTE AND LOOK FORWARD TO BEING OF FUTURE SERVICE.
SINCERELY,
MARK J. HEMEYER / AKM
This proposal is subject to Kennedy's standard terms and conditions of sale (rev'd 5/2011), which are attached or
viewable at www.kennedyind.com. Terms of payment are net 30 days from date of invoice with 1-1/2% per month
additional charge on unpaid balance.
NO TAXES OF ANY KIND ARE INCLUDED IN THIS PROPOSAL
P.O. Box 180 52900 Grand River New Hudson, MI 48165-0180 Phone: 248-684-1200 Fax: 248-684-6011
www.KennedyInd.com
Date: November 12, 2013
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Acceptance of an Easement ADAC Automotive,
INC. @ the Southwest corner of Keating & Port
City Blvd.
SUMMARY OF REQUEST:
Accept a bike path easement from ADAC Automotive Inc., to construct and maintain
a bike path at the south west corner of Keating Ave. & Port City Blvd. and authorize
the mayor & clerk to sign the easement documents and direct staff to record said
easement.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
Accept easement of the easement and direct staff to record said easement.
COMMITTEE RECOMMENDATION:
Date: November 12, 2013
To: Honorable Mayor and City Commissioners
From: DPW
RE: Winter Closure of Beach Street between Lakeshore Dr. & Beachwood
Park from the 3rd Friday in December to the 3rd Friday in March.
SUMMARY OF REQUEST:
Authorize staff to annually close Beach Street from Lakeshore Dr. Beachwood Park.
The closure would take effect from the third Friday in December until the third Friday of
the following March.
FINANCIAL IMPACT:
Cost of man-power to install signage/barricades, if approved.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATION:
Authorize staff to annually install signage/barricades for the Temporary 90-Day Closure of
Beach Street.
COMMITTEE RECOMMENDATION:
Commission Meeting Date: November 12, 2013
Date: November 5, 2013
To: Honorable Mayor and City Commission
From: Community and Neighborhood Services Department
RE: Approval of the Fair Housing Agreement with Muskegon County
__________________________________________________________________
SUMMARY OF REQUEST: The cities of Muskegon, Muskegon Heights, Norton
Shores and the County of Muskegon are entering into an agreement with the Fair
Housing Center of West Michigan to conduct fair housing testing in the County of
Muskegon per the recommendation of the 2009 Analysis of Impediments Report.
FINANCIAL IMPACT: Based on population, the City of Muskegon will pay
$4,675 of the $15,000 cost..
STAFF RECOMMENDATION: To approve the attached Agreement and
authorize the Mayor to sign.
FAIR HOUSING SERVICES AGREEMENT
Cities of Muskegon, Muskegon Heights, and Norton Shores and County of Muskegon
and
Fair Housing Center of West Michigan
This Agreement is effective as of this 1st day of January, 2014, by and between the City of
Muskegon, a Michigan municipal corporation with its principal offices located at 933 Terrace
Street, Muskegon MI, 49443; the City of Muskegon Heights, a Michigan municipal corporation
with its principal offices located at 2424 Peck Street, Muskegon Heights, MI 49444; the City of
Norton Shores, a Michigan municipal corporation with its principal offices located at 4814
Henry Street, Norton Shores, MI 49441 (City of Muskegon, City of Muskegon Heights and City
of Norton Shores are hereinafter the “Cities”); the County of Muskegon (hereinafter the
“County”), a Michigan municipal corporation with its principal offices located at 990 Terrace
Avenue, Muskegon, MI 49442; and the Fair Housing Center of West Michigan (hereinafter
the “FHCWM”), a Michigan non-profit corporation with its principal offices located at 20 Hall
Street SE, Grand Rapids, MI 49507.
I. AGREEMENT OUTCOMES
The purpose of this Agreement is to decrease impediments to housing choice and to promote
open, diverse communities by way of the provision of fair housing services based on the Fair
Housing Act, 42 USC §3601 et.seg
II. AGREEMENT ACTIVITIES AND DEFINITIONS
A. General Activities
i. Education and Outreach. The FHCWM will conduct a community
outreach program throughout the County and the Cities to educate housing
consumers, professionals and the general public concerning fair housing.
As part of a comprehensive, regional program, the FHCWM will
disseminate fair housing information to housing consumers, and
housing/human service agencies in order to educate them about housing
rights, and to increase awareness and reporting of discriminatory practices.
The FHCWM will also provide fair housing information to sales, rental,
and lending professionals in order to encourage their voluntary
compliance with federal, state and local fair housing laws. The FHCWM
will disseminate materials on a community-wide basis in order to promote
understanding of fair housing and the benefits thereof, and to increase
general public awareness regarding equal access to housing opportunity.
Such services will include the provision of formal fair housing training
upon request. The FHCWM shall also provide technical assistance to the
staff of the Cities and the County in response to any and all questions
regarding unlawful housing discrimination or fair housing practices. The
FHCWM will complete a minimum of 15 hours of education and outreach
activities throughout the County and the Cities.
Fair Housing Services Agreement January 1, 2014 – December 31, 2014 Page 1 of 5
ii. Complaint Investigation. The FHCWM shall receive, review, investigate
and process all complaints of unlawful housing discrimination involving
people and/or properties located within the Cities or the County which the
FHCWM may receive from residents of any of the Cities or the County, a
person wishing to reside in any of the Cities or the County, or any other
source during the term of this Agreement. In the absence of an individual
complainant, the FHCWM will initiate enforcement action in those cases
where evidence of potential discrimination exists, as deemed necessary
and appropriate at the sole discretion of the FHCWM.
B. Housing Tests within the Cities. The FHCWM shall conduct a minimum of seven
(7) fair housing tests (at least one (1) per City) involving people and/or property
within any of the Cities in order to investigate compliance with fair housing laws
in the areas of sales, rental, advertising, insurance, appraisal and/or financing.
The fair housing tests shall be based upon bona fide complaints or conducted on a
survey basis, with a focus on complaint-based testing. All housing testing will be
conducted by trained testers according to generally-accepted housing testing
methodology. In the absence of an individual complaint, the FHCWM will
initiate enforcement action in those cases where evidence of potential
discrimination exists, as deemed necessary and appropriate at the sole discretion
of the FHCWM.
C. Housing Tests within the County. The FHCWM shall conduct a minimum of six
(6) fair housing tests involving people and/or property within the County in order
to investigate compliance with fair housing laws in the areas of sales, rental,
advertising, insurance, appraisal and/or financing. The fair housing tests shall be
based upon bona fide complaints or conducted on a survey basis, with a focus on
complaint based testing. All housing testing will be conducted by trained testers
according to generally-accepted housing testing methodology. In the absence of
an individual complaint, the FHCWM may initiate enforcement in those cases
where evidence of potential discrimination exists, as deemed necessary and
appropriate at the sole discretion of the FHCWM.
III. MONITORING REPORTS
The FHCWM shall provide the County with program performance reports which contain
information regarding the activities carried out and the results of those activities. Reports shall
be submitted bi-annually, within 30 days after the conclusion of each six-month reporting period.
The County will forward the reports to each of the Cities by July 30, 2014 and January 30, 2014.
The complaint and testing activities will be reported by municipality.
Fair Housing Services Agreement January 1, 2014 – December 31, 2014 Page 2 of 5
IV. COMPENSATION AND METHOD OF PAYMENT
A. For the performance of the activities under this Agreement, the Cities and the
County hereby agree to pay the FHCWM the amount of $15,000.00 (fifteen
thousand dollars) following the table below:
Municipality Approx. Population Percentage of total Financial Responsibility
City of Muskegon 40,000 31% $4,675
City of Norton Shores 22,000 17% $2,635
City of Muskegon Heights 10,000 9% $1,190
County of Muskegon 172,000 43% $6,500
TOTALS 100% $15,000
B. The Cities and the County shall pay the FHCWM the amount of $15,000.00
(fifteen thousand dollars) in two (2) bi-annual installments of $7,500.00 (seven
thousand five hundred dollars).
i. The FHCWM shall submit an invoice to the County in the amount of
$7,500.00 (seven thousand five hundred dollars) with each of its two (2)
reports required by this Agreement. Each invoice will be payable within
30 days of its date of issue.
ii. If payment is not made by one or more of the Cities or the County, the
County shall immediately notify the FHCWM in writing of the reason for
nonpayment, services will immediately cease, and the FHCWM will be
reimbursed for work completed under the terms of the contract up to the
date of said notification.
V. CONFIDENTIALITY
The Parties agree that by virtue of entering into this Agreement, they will have access to certain
confidential information regarding each other’s operations related to this project. All Parties
agree that they will not at any time disclose confidential information and/or material without the
consent of that Party unless such disclosure is authorized by this Agreement or required by law.
Unauthorized disclosure of confidential information shall be considered a material breach of this
agreement. This provision shall be subject to the provisions of the Freedom of Information Act.
VI. NONDISCRIMINATION
There shall be no discrimination of any Individual on account of race, color, creed, religion, sex,
marital status, weight, age, handicap, ancestry, national origin and any other statutorily protected
class.
Fair Housing Services Agreement January 1, 2014 – December 31, 2014 Page 3 of 5
VII. TERM
This Agreement will begin January 1, 2014, and will continue until December 31, 2014.
Any Party may terminate their participation with this Agreement for any reason by giving the
other Parties ninety (90) days prior written notice. If a Party provides such written notice of
termination, prior to the expiration of said ninety (90) day period the remaining Parties retain the
right to amend the Agreement to continue services; else, the effective date of termination by one
Party will serve as the effective date of the termination of the Agreement.
VIII. SEVERABILITY
In the event any provision of this Agreement shall be found to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the
validity, legality and enforceability of the remainder of the Agreement.
IX. AMENDMENTS
This Agreement may be amended only with the mutual written consent of the Parties.
XI. ADDITIONAL REQUIREMENTS
The FHCWM will act as an independent contractor and the contract cannot be assigned. The
FHCWM will indemnify the Cities and the County and will add the governmental units
identified in the contract as an additional insured. The FHCWM at the time of the execution of
the contract will provide to the County of Muskegon a copy of their insurance coverage and
limits. The insurance coverage shall include but not be limited to general liability, no fault
automobile insurance and workers compensation insurance.
Fair Housing Services Agreement January 1, 2014 – December 31, 2014 Page 4 of 5
XII. CERTIFICATION OF AUTHORITY TO SIGN AGREEMENT
The persons signing this Agreement on behalf of the Cities, County and FHCWM hereto certify
by said signatures that they are duly authorized to sign this Agreement.
XIII. APPROVAL AND SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first
above written.
CITY OF MUSKEGON
By: Date:
Stephen J. Gawron, Mayor
CITY OF MUSKEGON HEIGHTS
By: Date:
Darrell Paige, Mayor
CITY OF NORTON SHORES
By: Date:
Gary Nelund, Mayor
COUNTY OF MUSKEGON
By: Date:
Kenneth Mahoney, Chairman
Muskegon County Board of Commissioners
FAIR HOUSING CENTER OF WEST MICHIGAN
By: Date:
Nancy Haynes, Executive Director
Fair Housing Services Agreement January 1, 2014 – December 31, 2014 Page 5 of 5
Commission Meeting Date: November 12, 2013
Date: November 7, 2013
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Extending the Master Plan
SUMMARY OF REQUEST:
The Michigan Zoning and Enabling Act requires that municipalities review their Master Plan
every five years and decide whether they need to update it or extend the current plan. Staff
feels that current plan developed 1997, which was also updated in 2008, is still sufficient and
that focus should be put on the current zoning ordinance amendment. Planning
Commission unanimously voted in favor of extending the current Master Plan at their special
meeting on October 31. Staff is requesting permission to extend the Master Plan and to
authorize staff to distribute the Master Plan to surrounding municipalities and ask for
comments as required by the Michigan Zoning and Enabling Act. The municipalities will
have 63 days to comment, then the Planning Commission will hold a public hearing to
extend the current plan.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval to extend the Master Plan and authorization to distribute the plan.
COMMITTEE RECOMMENDATION:
None
11/7/2013
Date: November 12, 2013
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Resolution Authorizing the SAW Grant Agreement
SUMMARY OF REQUEST:
Adopt the attached resolution for the SAW Grant which Prien & Newhof (engineer) was
authorized back in June of this year to prepare.
FINANCIAL IMPACT:
None at this time.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
Adopt the attached resolution
COMMITTEE RECOMMENDATION:
C:\Documents and Settings\Potter\Local Settings\Temporary Internet Files\OLK8\adopt the resolution for SAW 11-
12-13.doc
Michigan Finance Authority
Stormwater, Asset Management, and Wastewater (SAW)
GRANT AGREEMENT
This Grant Agreement (“Agreement”) is made as of 20___, among the Michigan
Department of Environmental Quality,Office of Drinking Water and Municipal Assistance (the "DEQ"), the
Michigan Finance Authority (the "Authority") (the DEQ and the Authority are, collectively, the "State") and
the ________________ ________________, County of ________________("Grantee") in consideration for
providing grant assistance to the Grantee.
The purpose of this Agreement is to provide funding for the project named below.The State is authorized to
provide grant assistance pursuant to the Natural Resources and Environmental Protection Act, 1994 PA
451, as amended. Legislative appropriation of funds for grant disclosure is set forth in 2013 Public Act 59.
The Grantee shall be required to repay the grant made under this Agreement (the "Grant"),
within 90 days of being informed by the State to do so, under certain conditions, as set
forth in Section XVIII. Program Specific Requirements: SAW Grant.
Award of a Grant under this Agreement and completion of the activities identified in Exhibit A does not
guarantee loan assistance from the State Revolving Fund, Strategic Water Quality Initiatives Fund, or
Stormwater, Asset Management or Wastewater.
GRANTEE INFORMATION: GRANT INFORMATION:
________________________________ Project Name: __________________________
Name/Title of Authorized Representative
________________________________ Project #:_____________________________
Address
________________________________ Amount of Grant:$________________________
Address
________________________________ Amount of Match $__________________
Telephone number
________________________________ Project Total $_______________ (grant plusmatch)
E-mail address
________________________________ Start Date: ___________End Date: __________
DEQ REPRESENTATIVE: AUTHORITY REPRESENTATIVE:
_____________________________ ________________________________
Name/Title Name/Title
_____________________________ ________________________________
Address Address
_____________________________ ________________________________
Address Address
_____________________________ ________________________________
Telephone number Telephone number
_____________________________ ________________________________
E-mail address E-mail address
THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY
OTHER FORMAT.
1 Rev. October 21, 2013
The individuals signing below certify by their signatures that they are authorized to sign this
Grant Agreement on behalf of their respective parties, and that the parties will fulfill the terms of
this Agreement, including the attached Exhibit A, and use this Grant only as set forth in this
Agreement.
GRANTEE
_______________________________________ ____________________________
Signature of Grantee Date
_______________________________________
Name and title (typed or printed)
MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY
_______________________________________ _____________________________
Its Authorized Officer Date
MICHIGAN FINANCE AUTHORITY
___________________________________________ _______________________________
Its Authorized Officer Date
I. PROJECT SCOPE
This Agreement shall be in addition to any other contractual undertaking by the Grantee contained
in the Resolution authorizing the Grant (the "Resolution").
This Agreement, including its exhibit(s), constitutes the entire agreement between the DEQ, the
Authority, and the Grantee.
(A) The scope of this Grant is limited to the activities specified in Exhibit A (the "Project"), and
such activities as are authorized by the State under this Agreement. Any change in project
scope requires prior written approval in accordance with Section III, Changes, in this
Agreement.
(B) By acceptance of this Agreement, the Grantee commits to complete the Project identified in
Exhibit A within the time period allowed for in this Agreement and in accordance with the
terms and conditions of this Agreement.
II.AGREEMENT PERIOD
This Agreement shall take effect on the date that it has been signed by all parties (the "Effective
Date"). The Grantee shall complete the Project in accordance with all the terms and conditions
specified in this Agreement no later than the EndDate shown on page one. Only costs incurred
on or after January 2, 2013 and between the Start Date and the End Date shall be eligible
for payment under this Grant.
THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY
OTHER FORMAT.
2 Rev. October 21, 2013
III.CHANGES
Any decreases in the amount of the Grantee's compensation, significant changes to the Project,
or extension of the End Date, shall be requested by the Grantee in writing, and approved in
writing by the State in advance. The State reserves the right to deny requests for changes to
the Agreement including its Exhibit A. No changes can be implemented without approval by the
State.
IV.GRANTEE PAYMENTS AND REPORTING REQUIREMENTS
The Grantee shall meet the reporting requirements specified in Section XVIII of this Agreement.
V.GRANTEE RESPONSIBILITIES
(A) The Grantee agrees to abide by all local, state, and federal laws, rules, ordinances and
regulations in the performance of this Grant.
(B) All local, state, and federal permits, if required, are the responsibility of the Grantee. Award
of this Grant is not a guarantee of permit approval by the state.
(C) The Grantee shall be solely responsible to pay all taxes, if any, that arise from the Grantee’s
receipt of this Grant.
(D) The Grantee is responsible for the professional quality, technical accuracy, timely
completion, and coordination of all designs, drawings, specifications, reports, and other
services furnished by its subcontractors under this Agreement. The State will consider the
Grantee to be the sole point of contact concerning contractual matters, including payment
resulting from this Grant. The Grantee or its subcontractor shall, without additional grant
award, correct or revise any errors, omissions, or other deficiencies in designs, drawings,
specifications, reports, or other services.
(E) The DEQ’s approval of drawings, designs, specifications, reports, and incidental work or
materials furnished hereunder shall not in any way relieve the Grantee of responsibility for
the technical adequacy of the work. The DEQ’s review, approval, acceptance, or payment
for any of the services shall not be construed as a waiver of any rights under this Agreement
or of any cause of action arising out of the performance of this Agreement.
(F) The Grantee acknowledges that it is a crime to knowingly and willfully file false information
with the State for the purpose of obtaining this Agreement or any payment under the
Agreement, and that any such filing may subject the Grantee, its agents, and/or employees
to criminal and civil prosecution and/or termination of the Grant.
VI.ASSIGNABILITY
The Grantee shall not assign this Agreement or assign or delegate any of its duties or
obligations under this Agreement to any other party without the prior written consent of the
State. The State does not assume responsibility regarding the contractual relationships
between the Grantee and any subcontractor.
THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY
OTHER FORMAT.
3 Rev. October 21, 2013
VII.NON-DISCRIMINATION
The Grantee shall comply with the Elliott Larsen Civil Rights Act, 1976 PA 453, as amended,
MCL 37.2101 et seq, the Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended,
MCL 37.1101 et seq, and all other federal, state, and local fair employment practices and equal
opportunity laws and covenants that it shall not discriminate against any employee or applicant
for employment, to be employed in the performance of this Agreement, with respect to his or her
hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly
related to employment, because of his or her race, religion, color, national origin, age, sex,
height, weight, marital status, or physical or mental disability that is unrelated to the individual’s
ability to perform the duties of a particular job or position. The Grantee agrees to include in
every subcontract entered into for the performance of this Agreement this covenant not to
discriminate in employment. A breach of this covenant is a material breach of this Agreement.
VIII. UNFAIR LABOR PRACTICES
The Grantee shall comply with the Employers Engaging in Unfair Labor Practices Act, 1980 PA
278, as amended, MCL 423.321 et seq.
IX.LIABILITY
(A) The Grantee, not the State, is responsible for all liabilities as a result of claims, judgments, or
costs arising out of activities to be carried out by the Grantee under this Agreement, if the liability
is caused by the Grantee, any subcontractor, or anyone employed by the Grantee.
(B) All liability as a result of claims, demands, costs, or judgments arising out of activities to be
carried out by the State in the performance of this Agreement is the responsibility of the State
and not the responsibility of the Grantee if the liability is materially caused by any State
employee or agent.
(C) In the event that liability arises as a result of activities conducted jointly by the Grantee and
the State in fulfillment of their responsibilities under this Agreement, such liability is held by the
Grantee and the State in relation to each party’s responsibilities under these joint activities.
(D) Nothing in this Agreement should be construed as a waiver of any governmental immunity
by the Grantee, the State, its agencies, or their employees as provided by statute or court
decisions.
X.CONFLICT OF INTEREST
No government employee or member of the legislative, judicial, or executive branches or
member of the Grantee's governing body, its employees, partner, agencies or their families shall
have benefit financially from any part of this Agreement.
XI.AUDIT AND ACCESS TO RECORDS
See Section XVIII (C).
XII.INSURANCE
(A) The Grantee shall maintain insurance or self insurance that will protect it from claims that may
arise from the Grantee’s actions under this Agreement or from the actions of others for whom
THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY
OTHER FORMAT.
4 Rev. October 21, 2013
the Grantee may be held liable.
(B) The Grantee must comply with applicant workers’ compensation laws while engaging in
activities authorized under this Agreement.
XIII. OTHER SOURCES OF FUNDING
The Grantee guarantees that any claims for reimbursement made to the State under this
Agreement shall not be financed by any source other than the State under the terms of this
Agreement. If funding is received through any other source, the Grantee agrees to delete from
Grantee's billings or to immediately refund to the State, the total amount representing such
duplication of funding.
XIV.COMPENSATION
(A) A breakdown of Project costs covered under this Agreement is identified in Exhibit A. The
State will pay the Grantee a total amount not to exceed the amount on page one of this
Agreement, in accordance with Exhibit A, and only for expenses incurred. All other costs over
and above the Grant amount, necessary to complete the Project, are the sole responsibility of
the Grantee.
(B) The Grantee is committed to the match amount on page one of this Agreement, in accordance
with Exhibit A. The Grantee shall expend all local match committed to the Project by the End
Date of this Agreement.
(C) The State will approve payment requests after approval of reports and related documentation
as required under this Agreement.
(D) The State reserves the right to request additional information necessary to substantiate
payment requests.
XV.CLOSEOUT
(A) A determination of Project completion shall be made by the DEQ after the Grantee
has met any match obligations and satisfactorily completed the activities and provided
productsand deliverables described in Exhibit A.
(B) Upon issuance of final payment from the State, the Grantee releases the State of all claims
against the State arising under this Agreement. Unless otherwise provided in this Agreement
or by State law, final payment under this Agreement shall not constitute a waiver of the
State's claims against the Grantee.
(C) The Grantee shall immediately refund to the State any payments or funds in excess of the
costs allowed by this Agreement.
XVI. CANCELLATION
This Agreement may be canceled by the State, upon 30 days written notice, due to Executive
Order, budgetary reduction, or other lack of funding upon request by Grantee or upon mutual
agreement by the State and Grantee. The State reserves the right to provide just and equitable
compensation to the Grantee for all satisfactory work completed under this Agreement.
THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY
OTHER FORMAT.
5 Rev. October 21, 2013
XVII. TERMINATION
(A) This Agreement may also be terminated by the State for any of the following reasons upon
30 days written notice to the Grantee:
(1) If the Grantee fails to comply with the terms and conditions of the Agreement or with the
requirements of the authorizing legislation cited on page 1 or the rules promulgated thereunder,
or with other applicable law or rules.
(2) If the Grantee knowingly and willfully presents false information to the State for the
purpose of obtaining this Agreement or any payment under this Agreement.
(3) If the State finds that the Grantee, or any of the Grantee’s agents or representatives,
offered or gave gratuities, favors, or gifts of monetary value to any official, employee, or agent of
the State in an attempt to secure a subcontract or favorable treatment in awarding, amending,
or making any determinations related to the performance of this Agreement.
(4) During the 30-day written notice period, the State shall also withhold payment for any
findings under subparagraphs 1 through 3, above.
(5) If the Grantee or any subcontractor, manufacturer, or supplier of the Grantee appears in
the register of persons engaging in unfair labor practices that is compiled by the Michigan
Department of Licensing and Regulatory Affairs or its successor.
(B) The State may immediately terminate this Agreement without further liability if the Grantee,
or any agent of the Grantee, or any agent of any subagreement, is:
(1) Convicted of a criminal offense incident to the application for or performance of a state,
public, or private contract or subcontract;
(2) Convicted of a criminal offense, including but not limited to any of the following:
embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen
property, or attempting to influence a public employee to breach the ethical conduct standards
for State of Michigan employees;
(3) Convicted under state or federal antitrust statutes;
(4) Convicted of any other criminal offense which, in the sole discretion of the State,
reflects on the Grantee’s business integrity; or
(C) If a grant is terminated, the State reserves the right to require the Grantee to repay all or a
portion of funds received under this Agreement.
XVIII. PROGRAM-SPECIFIC REQUIREMENTS: SAW REPAYABLE GRANT
(A) General Representations. The Grantee represents and warrants to, and agrees with, the
Authority and DEQ, as of the date hereof as follows:
(1) Grant funds shall be expended only to cover costs for the development of an Asset
Management Plan, Stormwater Management Plan, innovative wastewater or stormwater
technology, construction costs for disadvantaged communities, or for planning, design and user
charge development.
THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY
OTHER FORMAT.
6 Rev. October 21, 2013
(2) Grant funds used for administrative activities or activities performed by municipal
employees shall be limited to work that is directly related to the Project and is conducted by
employees of the Grantee.
(3) The Grantee has full legal right, power and authority to execute this Agreement, and to
consummate all transactions contemplated by this Agreement, the Resolution, and any and all
other agreements relating thereto. The Grantee has duly authorized and approved the
execution and delivery of this Agreement, the performance by the Grantee of its obligations
contained in this Agreement, and this Agreement is a valid, legally binding action of the
Grantee, enforceable in accordance with the terms thereof except as enforceability may be
limited by bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting
the rights of creditors generally, and by principles of equity if equitable remedies are sought.
(4) The Resolution has been duly adopted by the Grantee, acting through its executive(s)
or governing body, is in full force and effect as of the date hereof, and is a valid, legally binding
action of the Grantee, enforceable in accordance with the terms thereof except as enforceability
may be limited by bankruptcy, insolvency, reorganization, moratorium and other similar laws
affecting the rights of creditors generally, and by principles of equity if equitable remedies are
sought.
(5) The execution and delivery of this Agreement by the Grantee, and the fulfillment of the
terms and conditions of, and the carrying out of the transactions contemplated by the Resolution
and this Agreement do not and will not conflict with or constitute on the part of the Grantee a
breach of, or a default under any existing law (including, without limitation, the Michigan
Constitution), any court or administrative regulation, decree or order or any agreement,
indenture, mortgage, obligation, lease or other instrument to which the Grantee is subject or by
which it is bound and which breach or default would materially affect the validity or binding effect
of the Grant, or result in a default or lien on any assets of the Grantee. No event has occurred
or is continuing which with the lapse of time or the giving of notice, or both, would constitute a
default by the Grantee under the Resolution or this Agreement.
(6) No consent or approval of, or registration or declaration with, or permit from, any
federal, state or other governmental body or instrumentality, is or was required in connection
with enactment by the Grantee of the Resolution, or execution and delivery by the Grantee of
this Agreement which has not already been obtained, nor is any further election or referendum
of voters required in connection therewith which has not already been held and certified and all
applicable referendum periods have expired.
(7) Proceeds of the Grant will be applied (i) to the financing of the Project or a portion
thereof as set forth in the Resolution and Exhibit A or (ii) to reimburse the Grantee for a portion
of the cost of the Project. The Grantee will expend the proceeds of each disbursement of the
Grant for the governmental purpose for which the Grant was issued.
(8) The attached Exhibit A contains a summary of the estimated cost of the Project, which
the Grantee certifies is a reasonable and accurate estimate.
(9) The Grantee reasonably expects (i) to fulfill all conditions set forth in this Agreement to
receive and to keep the Grant, and (ii) that no event will occur as set forth in this Agreement
which will require the Grantee to repay the Grant.
THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY
OTHER FORMAT.
7 Rev. October 21, 2013
(B) Repayment of Grant. The Grantee shall repay the Grant, within 90 days of being informed
to do so, with interest calculated from the date Grant funds are first drawn at a rate not to
exceed 8% per year, to be determined by the Authority, to the Authority for deposit into the
SWQIF.
“(a) A grant recipient (shall) proceed with a project for which grant funding is
provided within 3 years after the department approves the grant (executed grant
agreement). For asset management programs related to sewage collection and
treatment systems, this includes significant progress, as determined by the
department, toward achieving the funding structure necessary to implement the
program.
(b) The grant recipient (shall) repay the grant, within 90 days of being informed to
do so, with interest at a rate not to exceed 8 percent per year, to the Authority for
deposit into the fund if the applicant is unable to, or decides not to, proceed with
a construction project or begin implementation of an asset management program
for which grant funding is provided.”
SAW grant recipients for wastewater system asset management plans are required to make
significant progress on the funding structure. Significant progress is defined as a 5-year plan to
eliminated the gap with a minimum initial rate increase to close at least 10 percent of the funding
gap. The first rate increase must be implemented within three years of the executed grant. The
applicant will need to certify that all grant activities have been completed at the end of three years.
Asset management plans for stormwater systems are to be implemented. Stormwater
management grant recipients must develop a stormwater management plan. Innovative project
grant receipients must proceed with full implementation or certify that the project is not financially
or technically feasible.
(C) Covenants and Certifications.
(1) The Grantee has the legal, managerial, institutional, and financial capability to plan,
design, and build the Project, or cause the Project to be built, and cause all facilities eventually
constructed to be adequately operated.
(2) The Grantee certifies that no undisclosed fact or event, or pending litigation, will
materially or adversely affect the Project, the prospects for its completion, or the Grantee’s
ability to make timely repayments of the grant if any of the two (2) conditions identified under
Section XVIII(B) occur.
(3) The Grantee agrees to provide the minimum appropriate local match for grant-eligible
costs and disburse match funds to service providers concurrent with grant disbursements.
(4) The Grantee agrees to maintain complete books and records relating to the grant and
financial affairs of the Project in accordance with generally accepted accounting principles
("GAAP") and generally accepted government auditing standards ("GAGAS").
(5) The Grantee agrees that all municipal contracts related to the Project will provide that
the contractor and any subcontractor may be subject to a financial audit and must comply with
GAAP and GAGAS.
(6) The Grantee agrees to provide any necessary written authorizations to the DEQ and
the Authority for the purpose of examining, reviewing, or auditing the financial records of the
THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY
OTHER FORMAT.
8 Rev. October 21, 2013
Project. The applicant also agrees to require similar authorizations from all contractors,
consultants, property owners or agents with which the applicant negotiates an agreement.
(7) The Grantee agrees that all pertinent records shall be retained and available to the
DEQ and the Authority for a minimum of three years after satisfactory completion of the Project
and final payment. If litigation, a claim, an appeal, or an audit is begun before the end of the
three-year period, records shall be retained and available until the three years have passed or
until the action is completed and resolved, whichever is longer.
(8) The Grantee agrees to ensure that planning and design activities of the Project are
conducted in compliance with the requirements of the Natural Resources and Environmental
Protection Act, 1994 PA 451, as amended, its Administrative Rules; and all applicable state and
federal laws, executive orders, regulations, policies, and procedures.
(9) The Grantee agrees that the Project shall proceed in a timely fashion and will exercise
its best efforts to satisfy the program requirements as identified under Section XVIII(B) within
three years of award of the SAW Grant from the Strategic Water Quality Initiatives Fund in
accordance with Section 5204(e) of the Natural Resources and Environmental Protection Act
1994, PA 451, as amended.
(10) The Grantee acknowledges that acceptance of a wastewater asset management grant
will subsequently affect future NPDES permits to include asset management language as
applicable.
(D) Grantee Reimbursements and Deliverables
The Grantee may request grant disbursements no more frequently than monthly, using the
Disbursement Request Form provided by the DEQ. Upon receipt of a disbursement request,
the DEQ will notify the Authority, which will in turn disburse grant funds equal to 75 percent, 90
percent, or 100 percent of eligible costs, whichever percentage is applicable, that have been
adequately documented. The forms provided by the State will include instructions on their use
and shall be submitted to the DEQ representative at the address on page 1. All required
supporting documentation (invoices) for expenses must be included with the disbursement
request form. The Grantee is responsible for the final submittal of all documents prepared
under this Grant and included in the Project Scope identified in Exhibit A.
(E) Miscellaneous Provisions.
(1) Applicable Law and Nonassignability. This Agreement shall be governed by the laws of
the State of Michigan.
(2) Severability. If any clause, provision or section of this Agreement be ruled invalid or
unenforceable by any court of competent jurisdiction, the invalidity or unenforceability of such
clause, provision or section shall not affect any of the remaining clauses, provisions or sections.
(3) Execution of Counterparts. This Agreement may be executed in several counterparts
each of which shall be regarded as an original and all of which shall constitute one and the
same document.
XIX.USE OF MATERIAL
THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY
OTHER FORMAT.
9 Rev. October 21, 2013
Unless otherwise specified in this Agreement, the Grantee may release information or material
developed under this Agreement, provided it is acknowledged that the DEQ funded all or a
portion of its development.
XX.SUBCONTRACTS
The State reserves the right to deny the use of any consultant, contractor, associate or other
personnel to perform any portion of the project. The Grantee is solely responsible for all
contractual activities performed under this Agreement. Further, the State will consider the
Grantee to be the sole point of contact with regard to contractual matters, including payment of
any and all charges resulting from the anticipated Grant. All subcontractors used by the
Grantee in performing the project shall be subject to the provisions of this Agreement and shall
be qualified to perform the duties required.
XXI. ANTI-LOBBYING
If all or a portion of this Agreement is funded with state funds, then the Grantee shall not use
any of the grant funds awarded in this Agreement for the purpose of lobbying as defined in the
State of Michigan’s lobbying statute, MCL 4.415(2). “‘Lobbying’ means communicating directly
with an official of the executive branch of state government or an official in the legislative branch
of state government for the purpose of influencing legislative or administrative action.” The
Grantee shall not use any of the grant funds awarded in this Agreement for the purpose of
litigation against the State. Further, the Grantee shall require that language of this assurance
be included in the award documents of all subawards at all tiers.
XXII. IRAN SANCTIONS ACT
By signing this Agreement, the Grantee is certifying that it is not an Iran linked business, and
that its contractors are not Iran linked businesses as outlined in Michigan Compiled Law
129.312
XXIII.DEBARMENT AND SUSPENSION
By signing this Agreement, the Grantee certifies to the best of its knowledge and belief that it, its
agents, and its subcontractors:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or the state.
(2) Have not within a 3-year period preceding this Agreement been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, state, or
local) transaction or contract under a public transaction as defined in 45 CFR 1185;
violation of federal or state antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or
receiving stolen property.
(3) Are not presently indicted or otherwise criminally or civilly charged by a government
entity (federal, state, or local) with commission of any of the offenses enumerated in
subsection (2).
(4) Have not within a 3-year period preceding this Agreement had one or more public
transactions (federal, state, or local) terminated for cause or default.
THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY
OTHER FORMAT.
10 Rev. October 21, 2013
(5) Will comply with all applicable requirements of all other state or federal laws, executive
orders, regulations, and policies governing this program.
THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY
OTHER FORMAT.
11 Rev. October 21, 2013
Project No. ________________
SAW Grant Program
Exhibit A
Grantee: ____________________________________________________________________
Project Name: ________________________________________________________________
DEQ Approved Grant Amount: $ ______________; __________________________________
___________________________________________Dollars
Time Period for Eligible Costs: Start Date ________________________ (month/year)
End Date ________________________ (month/year)
Description of Approved Project Scope:
____________________________________________________________________________
_____________________________________________________________________________
DEQ Approved Project Costs
1. Project Planning Costs
2. Design Engineering Costs
3. User Charge Development Costs
4. Wastewater Asset Management Plan Costs
5. Stormwater Asset Management Plan Costs
6. Stormwater Management Plan Costs
7. Innovative Wastewater and Stormwater Technology Costs
8. Disadvantaged Community Construction Cost
9. Cost Subtotal
10. LESS Local Match
11. Requested SAW Grant Amount (Line 9 minus Line 10)
The following services have been determined to be ineligible for SAW Grant assistance, for the
reasons listed, and have been excluded from the approved project costs shown above:
____________________________________________________________________________
____________________________________________________________________________
THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY
OTHER FORMAT.
12 Rev. October 21, 2013
THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY
OTHER FORMAT.
13 Rev. October 21, 2013
APPENDIX A
Wastewater Planning and Design Activities
Note: User Charge Development Costs can be included in either a planning or design grant.
Planning Grant Requirements
Applicants intending to fund projects through USDA Rural Developmentare required to develop a
Preliminary Engineering Report and an Environmental Report per Rural Development guidelines.
Applicants intending to fund projects through a SAW loan or other funding source are required to
develop a project proposal in accordance with the guidance below.
Applicants intending to fund projects through an SRF or SWQIF loan are required to develop a
project plan in accordance with the Project Plan Preparation Guidance
(http://www.michigan.gov/documents/deq/deq-ess-mfs-formsguidance-
SRFppsguide_249032_7.dot).
Design Grant Requirements
All applicants are required to develop and submit plans and specifications suitable for bidding.
Applicants intending to fund projects through USDA Rural Developmentare required to submit a
Preliminary Engineering Report and an Environmental Report per Rural Development guidelines.
Applicants intending to fund projects through a SAW loan or other funding source are required to
submit an approvable project proposal in accordance with the guidance below. If seeking a SAW
loan, the project proposal should reference an asset management plan.
Applicants intending to fund projects through an SRF or SWQIF loan are required to submit an
approvable Project Plan.
THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY
OTHER FORMAT.
14 Rev. October 21, 2013
Project Proposal
Below are the minimum requirements for a project proposal.
1. Study Area Identification and Description
a. Cover the geographic area served by or affected by the proposed project. For example,
for a nonpoint source (NPS) project that is replacing an asphalt mall parking lot with
porous pavers, the study area should encompass, at least, the parking lot, mall, and
properties that abut the parking lot.
b. Population Data – include if relevant (e.g., needed when discussing asset management
associated with future needs that would be based on population projections).
c. Environmental Setting – include description of environmental features relevant to
project’s geographical area and project construction activities. Include a map.
If present, identify wetlands, floodplains, natural/wild scenic rivers surface
waters, parks, agriculture land, and endangered/threatened species. A
Michigan Natural Features Inventory review should be conducted unless the
applicant can show that construction is limited to a developed area.
d. Do NOT include land use and economic characteristics, unless relevant to the project.
2. Existing Facilities
Should be described to the extent that existing facilities are included in the project or will
be affected by the project.
3. Project Need
Describe in detail the need for the project, as well as any relevant permit compliance issues
and water quality problems. Facility or project needs should be evaluated for a time period
equal to the service life of the proposed project (i.e., the proposal should evaluate needs for
a timeframe long enough so that the proposed project doesn’t become ineffective after only
a few years or before the loan has been paid).
4. Description of Project Options Considered
Provide a description of the options considered to address the proposed project including a
brief description of the costs and potential environmental impacts.
5. Proposed Project
Provide a detailed description of the proposed project including cost estimates and a
construction schedule, as well as maps and/or diagrams.
6. Evaluation of Environmental Impacts
Discuss impacts from project construction and operation. Include a description of measures
to mitigate impacts and the beneficial impacts.
THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY
OTHER FORMAT.
15 Rev. October 21, 2013
GUIDANCE FOR APPENDIX A
Grant Eligible
Planning
Costs associated with the development of a SAW loan project proposal, SRF/SWQIF project
plan, or other similar planning documents.
Equipment and services for the purchase, installation, and operation of flow meters necessary for
an infiltration and inflow (I/I) analysis.
Costs to prepare an eligible SAW grant application, including force account work.
Force account costs. The maximum rate for fringe benefits of force account costs is 40 percent of
salary.
Design
Force account costs. The maximum rate for fringe benefits of force account costs is 40 percent of
salary.
Costs of preparing a basis of design, value engineering services, and preparation of plans and
specifications. Any design-related service required to obtain the construction permit. This
includes easement-related services for property surveys and easement descriptions.
User Charge System Development Costs
The costs associated with developing or updating the applicant’s system of rates and user charges
to cover the costs of project construction, operation, and maintenance.
The costs to develop, amend, and pass sewer use ordinances, and prepare or revise intermunicipal
service agreements, or rate methodologies that are necessary for construction of the proposed
project.
Grant Ineligible
Planning and Design
Purchase price and associated costs to acquire land/easements such as appraisals, title searches,
easement agreement preparation, legal notices, and closing costs.
Bidding phase services, including construction staking.
THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY
OTHER FORMAT.
16 Rev. October 21, 2013
APPENDIX B
Planning and/or Design of Stormwater
and/or Nonpoint Source of Water Pollution
Required Information
SAW grant assistance for stormwater and/or NPS projects must address a water quality problem. If the
project is identified in one of the following documents, please submit the document with the application
unless it has already been submitted to the DEQ for review and approval. (If the document has been
submitted to the DEQ for review, please provide the name of the DEQ staff member in receipt of the
document.)
An approved 319/CMI NPS watershed plan
A Municipal Separate Storm Sewer System (MS4) permit (if the proposed project is required under
the permit, then attach an explanation to this application)
An approved Total Maximum Daily Load (attach an explanation to this application)
A SAW stormwater management plan
Planning Grant Requirements
Applicants intending to fund projects through USDA Rural Development are required to develop a
Preliminary Engineering Report and an Environmental Report per Rural Development guidelines.
Applicants intending to fund projects through a SAW loan or other funding source are required to develop a
project proposal in accordance to the guidance in Appendix A.
Applicants intending to fund projects through an SRF or SWQIF loan are required to develop a project plan
in accordance with the Project Plan Preparation Guidance (http://www.michigan.gov/documents/deq/deq-
ess-mfs-formsguidance-SRFppsguide_249032_7.dot).
Design Grant Requirements
All applicants are required to develop and submit plans and specifications suitable for bidding.
Applicants intending to fund projects through USDA Rural Development are required to submit a
Preliminary Engineering Report and an Environmental Report per Rural Development guidelines.
Applicants intending to fund projects through a SAW loan or other funding source are required to submit an
approvable project proposal in accordance with the guidance in Appendix A.
Applicants intending to fund projects through an SRF or SWQIF loan are required to submit an approvable
project plan.
THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY
OTHER FORMAT.
17 Rev. October 21, 2013
GUIDANCE FOR APPENDIX B
Grant Eligible
Planning
Costs associated with the development of a SAW loan project proposal, SRF/SWQIF project
plan, or other similar planning documents.
Equipment and services for the purchase, installation, and operation of flow meters for a
hydrological study of a storm sewer system or a watershed.
Costs to prepare an eligible SAW grant application, including force account work.
Force account costs. The maximum rate for fringe benefits of force account costs is 40 percent of
salary.
Design
Force account costs. The maximum rate for fringe benefits of force account costs is 40 percent of
salary.
Costs of preparing a basis of design, design and preparation for construction permit(s), value
engineering services, and preparation of plans and specifications. This includes easement-related
services for property surveys and easement descriptions.
User Charge System Development Costs
The costs associated with developing or updating the applicant’s system of rates and user charges
to cover the costs of project construction, operation, and maintenance.
The costs to develop, amend, and pass sewer use ordinances, and prepare or revise intermunicipal
service agreements, or rate methodologies that are necessary for construction of the proposed
project.
Grant Ineligible
Planning and Design
Post-construction monitoring of stormwater best management practices (BMP) performance to
determine effectiveness.
Purchase price and associated costs to acquire land/easements such as appraisals, title searches,
easement agreement preparation, legal notices, and closing costs.
Bidding phase services, including construction staking.
THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY
OTHER FORMAT.
18 Rev. October 21, 2013
APPENDIX C
Asset Management Plan for Stormwater and Wastewater
A. Proposed Scope of Work
Applicants can seek AMP grant assistance to cover the costs of the asset management plan
development and implementation for wastewater and stormwater systems. This includes a complete
inventory of all existing system assets. If the condition of the asset is not known, a reasonable
assumption is acceptable. Cleaning and televising of the entire system is not expected.
If the wastewater AMP identifies a gap in the current revenue needs to meet expenses, then
significant progress must be made toward achieving the funding structure necessary to operate the
system. If no gap is identified, the applicant has fulfilled the significant progress requirement.
Significant progress is defined as a 5-year plan to eliminate the gap with a minimum initial rate
increase to close at least 10 percent of the funding gap. The first rate increase must be implemented
within three years of the executed grant. The applicant will need to certify that all grant activities
have been completed at the end of three years and submit a copy of the 5-year plan with the
certification.
The stormwater AMP must be implemented within three years of the executed grant. The applicant is
required to submit the Stormwater AMP Certification of Project Completeness within three years of
the executed grant.
Describe the specific activities you will fund with the AMP grant assistance. Attach additional pages
as necessary:
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
B. Describe your current asset management plan as applicable:
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
Provide the percentage of tasks completed and describe each asset management component of your
current asset management plan
1. Asset Inventory and Condition Assessment
2. Level of Service
3. Criticality of Assets
4. Operation and Maintenance (O&M) Strategies/Revenue Structure
5. Long-term Funding/Capital Improvement Planning
C. Revenue Structure (for wastewater only)
Attach a copy of the current rates. It is expected that the applicant will submit an updated copy of the
rate methodology within 2 ½ years of the executed grant to the DEQ.
THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY
OTHER FORMAT.
19 Rev. October 21, 2013
If the applicant currently does not have a rate methodology, the asset management plan must include
the development of a funding structure and rate methodology that provides sufficient resources to
implement the asset management plan.
Is the applicant part of a regional facility? YES NO
D. Cross-Sectoring
Section 2504 e (2)(i) states that “The municipality shall coordinate, as feasible, with other
infrastructure activities in the same geographic area.”Asset management encourages cross-sector
utilization (for water utility, roads,gas, phones, etc.); however grant assistance may only be requested
for those costs directly related to the requested asset management grant.
If cross-sectoring occurs, describe how SAW costs will be tracked.
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
E. Project Cost Worksheet
Carefully read the guidance below before completing the Project Cost Worksheet.
Item Incurred Force Estimated Supporting Total
Costs Account Costs Documents
Costs
Inventory Y N
Condition assessment Y N
(excluding televising)
Metering/modeling Y N
AM/GIS Software* Y N
AM/GIS Training* Y N
AM/GIS Hardware* Y N
Cleaning &Televising Y N
Contracted costs
Equip. rentalcosts
Laborcosts
Level of Service Y N
Service agreement
development
Public meeting cost
Ordinance cost
Training/certification Y N
For PACP
For MACP
Rate Structure Y N
Development costs
Other Y N
*Indicates items included in the cost limitations for software, hardware, and training as described in the
Guidance below.
THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY
OTHER FORMAT.
20 Rev. October 21, 2013
F. National Pollutant Discharge Elimination System (NPDES) Permits for Municipal Wastewater
Systems Only (Not Stormwater)
Do you currently hold a NPDES permit to cover discharges from your wastewater system?
YES NO
If Yes, what is the permit number? ________________________
If you have a NPDES permit, does it currently contain an asset management requirement?
YES NO
Note:For all NPDES permit holders, the applicant acknowledges that acceptance of a SAW
wastewater asset management grant will result in an asset management condition in the next reissued
NPDES permit. The asset management plan developed must meet NPDES permit requirements. The
NPDES permit language can be found at: www.michigan.gov/cleanwaterrevolvingfund (select Forms
and Guidance).
GUIDANCE FOR APPENDIX C
Grant Eligible
AMP/Geographic Information System (GIS) mapping software/hardware/training. Total limits
are as follows:
Service Area Population Dollar Limit
Less than or equal to 5,000 $60,000
5,001 to less than or equal to 20,000 $85,000
20,001 to less than or equal to 50,000 $110,000
Greater than 50,000 $160,000
Note: Attach justification when assistance is sought for an applicant with an existing GIS system
or for when an exception is being made to the above dollar limits.
Asset condition assessment (manhole inventory, cleaning and televising)
o All televising and documentation must be completed in accordance with National
Association of Sewer Service Companies (NASSCO) Pipeline Assessment and
Certification Program/Manhole Assessment Certification Program
(PACP/MACP)requirements and by PACP/MACP certified personnel.
o Equipment rental costs for force account work of cleaning and televising equipment
owned by the applicant will be reimbursed at rates no greater than those provided in an
informal quote on a per foot basis.
o A justification is needed to clean and televise sewers installed or relined within the last
20 years. The limit is to encourage communities to focus on sewers installed or relined
prior to 1993.
Force account costs associated with the direct implementation of the AMP/GIS software and
hardware. The maximum rate for fringe costs is 40 percent of salary.
The technical, legal, and financial costs to develop a funding structure and implementation
schedule necessary to implement an AMP, or portion thereof. These tasks include those costs
associated with the preparation or amendment of sewer use and rate ordinances, stormwater
THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY
OTHER FORMAT.
21 Rev. October 21, 2013
management ordinances, policies and design standards, preparation or revision of inter-municipal
service agreements, and submittal of the proposed budgets and rate methodologies.
Any specific tasks named as a condition of an NPDES permit not identified elsewhere in this
guidance, such as mapping without GIS, a fixed asset inventory, a business risk evaluation, an
annual report of operation, maintenance, and replacement (OM&R)/AMP activities, etc.
Aerial data collection at the 12-inch resolution when it is purchased from the county or obtained
from the state (for GIS purposes only).
The development of a stormwater funding structure is not required; however, an analysis of costs
to maintain the system and to support the asset management program must be included.
Stormwater utility development costs.
Level of service may include service agreement development, public meeting costs, and
ordinance costs.
Grant Ineligible
Annual license renewals to an existing GIS system.
Legal fees to defend the rate structure if challenged.
THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY
OTHER FORMAT.
22 Rev. October 21, 2013
Please Use the Attached Resolution “As Is”
(Do Not Substitute Your Own Form)
____________________of__________________
County of __________________
Resolution Authorizing the SAW Grant Agreement
Minutes of the regular meeting of the ____________ of the______________ of_____________
County of _________________, State of Michigan, (the “Municipality”) held on
____________________.
PRESENT: Members: ______________________________________________
_______________________________________________________
ABSENT: Members: _______________________________________________
________________________________________________________
Member ___________________offered and moved the adoption of the following resolution,
seconded by Member______________________ .
WHEREAS, Part 52 (strategic water quality initiatives) of the Natural Resources and
Environmental Protection Act, 1994 PA 451, as amended (“Part 52”), provides at MCL
324.5204e that the Michigan Finance Authority (the “MFA”) in consultation with the Michigan
Department of Environmental Quality (the “DEQ”) shall establish a strategic water quality
initiatives grant program; and
WHEREAS, in accordance with the provisions of 2012 PA 511, which provides grants to
municipalities for sewage collection and treatment systems or storm water or nonpoint source
pollution control; and
WHEREAS, in accordance with the provisions of 1985 PA 227, as amended, Part 52, and other
applicable provisions of law, the MFA, the DEQ, and the Municipality that is a grant recipient
shall enter into a grant agreement (the "SAW Grant Agreement") that requires the Municipality
to repay the grant under certain conditions as set forth in MCL 324.5204e, as amended; and
WHEREAS, the Municipality does hereby determine it necessary to (select one or more)
☐establish anasset management plan, ☐establish astormwater management plan, ☐establish
aplan for wastewater/stormwater, ☐establish adesign of wastewater/stormwater, ☐ pursue
innovative technology, or ☐ initiate construction activities (up to $500,000 for disadvantaged
community).
WHEREAS, it is the determination of the Municipality that at this time, a grant in the aggregate
principal amount not to exceed _________________ (“Grant”) be requested from the MFA and
the DEQ to pay for the above-mentioned undertaking(s); and
THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY
OTHER FORMAT.
3 Rev. October 21, 2013
WHEREAS, the Municipality shall obtain this Grant by entering into the SAW Grant Agreement
with the MFA and the DEQ.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Director of Public Works (title of the desginee’s position), a position currently held
by Mohammed Al-Shatel (name of the designee), is designated as the Authorized Representative
for purposes of the SAW Grant Agreement.
2. The proposed form of the SAW Grant Agreement between the Municipality, the MFA and
DEQ (attached Sample Grant Agreement) is hereby approved and the Authorized Representative
is authorized and directed to execute the SAW Grant Agreement with such revisions as are
permitted by law and agreed to by the Authorized Representative.
3. The Municipality shall repay the Grant, within 90 days of being informed to do so, with
interest at a rate not to exceed 8 percent per year, to the Authority if the Municipality is unable
to, or decides not to, proceed with constructing the project or implementing the asset
management program for which the funding is provided within 3 years of the Grant award.
4. The Grant, if repayable, shall be a first budget obligation of the Municipality, and the
Municipality is required, if necessary, to levy ad valorem taxes on all taxable property in the
Municipality for the payment thereof, subject to applicable constitutional, statutory and
Municipality tax rate limitations.
5. The Municipality shall not invest, reinvest or accumulate any moneys deemed to be Grant
funds, nor shall it use Grant funds for the general local government administration activities or
activities performed by municipal employees that are unrelated to the project.
6. The Authorized Representative is hereby jointly or severally authorized to take any actions
necessary to comply with the requirements of the MFA and the DEQ in connection with the
issuance of the Grant. The Authorized Representative is hereby jointly or severally authorized to
execute and deliver such other contracts, certificates, documents, instruments, applications and
other papers as may be required by the MFA or the DEQ or as may be otherwise necessary to
effect the approval and delivery of the Grant.
7. The Municipality acknowledges that the SAW Grant Agreement is a contract between the
Municipality, the MFA and the DEQ.
8. All resolutions and parts of resolutions insofar as they conflict with the provisions of this
Resolution are rescinded.
YEAS: Members:
NAYS: Members:
THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY
OTHER FORMAT.
4 Rev. October 21, 2013
RESOLUTION DECLARED ADOPTED
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the______________________ of the ______________________ of ______________________ ,
County of ____________________ , 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 minutes of said meeting were kept and will be
or have been made available as required by said Act.
_________________________________________
Name
_______________of___________________ , Clerk
__________of___________ County of _________
THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY
OTHER FORMAT.
5 Rev. October 21, 2013
THE FORM WILL NOT BE ACCEPTED IF IT HAS BEEN EDITED, ALTERED, RETYPED, OR CONVERTED TO ANY
OTHER FORMAT.
6 Rev. October 21, 2013
Commission Meeting Date: November 12, 2013
Date: November 7, 2013
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Public Hearing - Request for an Industrial Facilities Exemption
Certificate – ADAC Plastics, 2050 Port City Blvd
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, ADAC Plastics, 2050 Port City Blvd, has
requested the issuance of an Industrial Facilities Tax Exemption Certificate. The company
will be making an investment of $725,000 in real property improvements and plans on
creating up to 90 jobs as part of the overall project, qualifying them for a 12 year abatement.
FINANCIAL IMPACT:
The City will capture certain additional property taxes generated by the expansion (see
attached Summary Sheet).
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution granting an Industrial Facilities Exemption Certificate for
a term of 12 years on real property.
COMMITTEE RECOMMENDATION:
None
11/7/2013
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE
OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
ADAC Plastics
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed public hearing held on July 26, 1983,
this Commission by resolution established an Industrial Development District as requested by the City
of Muskegon for Port City Industrial Park, including the property owned by ADAC Plastics, 2050 Port
City Blvd, Muskegon, Michigan 49442; and
WHEREAS, ADAC Plastics has filed an application for the issuance of an Industrial Facilities Tax Exemption
Certificate with respect to a building expansion within said Industrial Development District ; and
WHEREAS, before acting on said application the Muskegon City Commission held a public hearing on
November 12, 2013, at the Muskegon City Hall in Muskegon, Michigan at 5:30 p.m. at which hearing
the applicant, the assessor and representatives of the affected taxing units were given written notice
and were afforded an opportunity to be heard on said application; and
WHEREAS, construction of the facility and installation of new machinery and equipment had not begun earlier
than six (6) months before October 18, 2013, the date of acceptance of the application for the Industrial
Facilities Exemption Certificate; and
WHEREAS, the building expansion is calculated to and will have the reasonable likelihood to retain, create, or
prevent the loss of employment in Muskegon, Michigan; and
WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes within the City of Muskegon, will
not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real
property thus exempted.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of Muskegon,
Michigan that:
1) The Muskegon City Commission finds and determines that the Certificate considered together with
the aggregate amount of certificates previously granted and currently in force under Act No. 198 of
the Public Act of 1974 as amended and Act No. 255 of the Public Acts of 1978 as amended shall
not have the effect of substantially impeding the operation of the City of Muskegon or impairing the
financial soundness of a taxing unit which levies ad valorem property taxes in the City of
Muskegon.
2) The application of ADAC Plastics, for the issuance of an Industrial Facilities Tax Exemption
Certificate with respect to the building expansion and installation of new machinery and equipment
on the following described parcels of real property situated within the City of Muskegon to wit:
CITY OF MUSKEGON PORT CITY INDUSTRIAL CENTER LOTS 9 THRU 12
3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force and
effect for a period of 12 years on real property.
11/7/13
Adopted this 12th Day of November, 2013.
Ayes:
Nays:
Absent:
BY: __________________________________
Stephen J. Gawron
Mayor
ATTEST: __________________________________
Ann Cummings
Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon
City Commission, County of Muskegon, Michigan, at a regular meeting held on November 12, 2013.
______________________________
Ann Cummings
Clerk
11/7/13
Commission Meeting Date: November 12, 2013
Date: November 7, 2013
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Public Hearing - Request for an Industrial Facilities Exemption
Certificate – ADAC Plastics, 2653 Olthoff Dr
SUMMARY OF REQUEST:
Pursuant to Public Act 198 of 1974, as amended, ADAC Plastics, 2653 Port City Blvd, has
requested the issuance of an Industrial Facilities Tax Exemption Certificate. The company
will be making an investment of $926,270 in real property improvements and plans on
creating up to 90 jobs as part of the overall project, qualifying them for a 12 year abatement.
FINANCIAL IMPACT:
The City will capture certain additional property taxes generated by the expansion (see
attached Summary Sheet).
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the attached resolution granting an Industrial Facilities Exemption Certificate for
a term of 12 years on real property.
COMMITTEE RECOMMENDATION:
None
11/7/2013
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR ISSUANCE
OF INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE
ADAC Plastics
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed public hearing held on July 26, 1983,
this Commission by resolution established an Industrial Development District as requested by the City
of Muskegon for Port City Industrial Park, including the property owned by ADAC Plastics, 2653 Olthoff
Dr, Muskegon, Michigan 49444; and
WHEREAS, ADAC Plastics has filed an application for the issuance of an Industrial Facilities Tax Exemption
Certificate with respect to a building expansion within said Industrial Development District ; and
WHEREAS, before acting on said application the Muskegon City Commission held a public hearing on
November 12, 2013, at the Muskegon City Hall in Muskegon, Michigan at 5:30 p.m. at which hearing
the applicant, the assessor and representatives of the affected taxing units were given written notice
and were afforded an opportunity to be heard on said application; and
WHEREAS, construction of the facility and installation of new machinery and equipment had not begun earlier
than six (6) months before October 18, 2013, the date of acceptance of the application for the Industrial
Facilities Exemption Certificate; and
WHEREAS, the building expansion is calculated to and will have the reasonable likelihood to retain, create, or
prevent the loss of employment in Muskegon, Michigan; and
WHEREAS, the aggregate SEV of real property exempt from ad valorem taxes within the City of Muskegon, will
not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real
property thus exempted.
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of Muskegon,
Michigan that:
1) The Muskegon City Commission finds and determines that the Certificate considered together with
the aggregate amount of certificates previously granted and currently in force under Act No. 198 of
the Public Act of 1974 as amended and Act No. 255 of the Public Acts of 1978 as amended shall
not have the effect of substantially impeding the operation of the City of Muskegon or impairing the
financial soundness of a taxing unit which levies ad valorem property taxes in the City of
Muskegon.
2) The application of ADAC Plastics, for the issuance of an Industrial Facilities Tax Exemption
Certificate with respect to the building expansion and installation of new machinery and equipment
on the following described parcels of real property situated within the City of Muskegon to wit:
CITY OF MUSKEGON THAT PART OF PORT CITY INDUSTRIAL CENTER #6
LOT 70 COM NW COR LOT 70 TH S 89D 56M E 213.38 FT ALG N LN SD LOT TO
POB TH S 89D 56M 486.77 FT TH S 00D 45M W 819.09 FT ALG E LN SD LOT TO S
LN SEC 35 & SD LOT TH S 89D 59M W ALG S LN 487.73 FT TH N 00D 45M E TO
POB
11/7/13
3) The Industrial Facilities Tax Exemption Certificate is issued and shall be and remain in force and
effect for a period of 12 years on real property.
Adopted this 12th Day of November, 2013.
Ayes:
Nays:
Absent:
BY: __________________________________
Stephen J. Gawron
Mayor
ATTEST: __________________________________
Ann Cummings
Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon
City Commission, County of Muskegon, Michigan, at a regular meeting held on November 12, 2013.
______________________________
Ann Cummings
Clerk
11/7/13
Commission Meeting Date: November 12, 2013
Date: November 7, 2013
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Public Hearing - Request for Exemption of New Personal
Property (PA 328) – ADAC Plastics, 2050 Port City Blvd
SUMMARY OF REQUEST:
Pursuant to Public Act 328 of 1998, as amended, ADAC Plastics, Inc, 2050 Port City Blvd,
has requested an exemption of new personal property. The company plans on investing
over $5.7 million in personal property improvements at two Muskegon locations and is
seeking a 12 year exemption on personal property. The exemption would include all new
personal property investments during the duration of the exemption. The company plans on
hiring 90 employees as part of the overall project.
FINANCIAL IMPACT:
The City will forgo 100% of the new personal property taxes for the length of the abatement.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the exemption of new personal property for a duration on twelve (12) years.
COMMITTEE RECOMMENDATION:
None
11/7/2013
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR EXEMPTION OF NEW PERSONAL PROPERTY UNDER
PA 328 OF 1998
ADAC Plastics
WHEREAS, the City of Muskegon meets the definition of an “Eligible Local Assessing District” under PA 328 of
1998, Section 7(g), by virtue of containing an eligible distressed area as defined by Section 7(f)(i), in accordance
with PA 346 of 1966, Section 11; and
WHEREAS, the applicant, ADAC Plastics, meets the definition of an “Eligible Business” as defined by PA 328 of
1998 and is engaged primarily in manufacturing at the location of 2050 Port City Blvd, Muskegon, MI; and
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed public hearing held on July 26,
1983, this Commission by resolution established an Industrial Development District as requested by the
City of Muskegon for Port City Industrial Park, including the property owned by ADAC Plastics, 2050 Port
City Blvd, Muskegon, Michigan 49442; and
WHEREAS, ADAC Plastics has filed an application for Exemption of New Personal Property with respect to
new personal property to be installed within said Industrial Development District ; and
WHEREAS, before acting on said application the Muskegon City Commission held a public hearing on
November 12, 2013, at the Muskegon City Hall in Muskegon, Michigan at 5:30 p.m. at which hearing the
applicant, the assessor and representatives of the affected taxing units were given written notice and were
afforded an opportunity to be heard on said application; and
WHEREAS, installation of new machinery and equipment had not begun earlier than six (6) months before
October 18, 2013, the date of acceptance of the application for the Exemption of New Personal Property; and
WHEREAS, the installation of machinery and equipment is calculated to and will have the reasonable likelihood
to retain, create, or prevent the loss of employment in Muskegon, Michigan; and
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of Muskegon,
Michigan that:
1) The Muskegon City Commission finds and determines that the Exemption considered together
with the aggregate amount of certificates previously granted and currently in force under Act No.
328 of the Public Act of 1998 as amended and Act No. 198 of the Public Act of 1974 as amended
and Act No. 255 of the Public Acts of 1978 as amended shall not have the effect of substantially
impeding the operation of the City of Muskegon or impairing the financial soundness of a taxing
unit which levies ad valorem property taxes in the City of Muskegon.
2) The application of ADAC Plastics, for the Exemption of New Personal Property with respect to the
personal property expansion on the following described parcels of real property situated within the
City of Muskegon to wit:
CITY OF MUSKEGON PORT CITY INDUSTRIAL CENTER LOTS 9 THRU 12
11/7/13
3) The Exemption of New Personal Property is issued and shall be and remain in force and effect for
a period of twelve (12) years on personal property.
Adopted this 12th Day of November 2013.
Ayes:
Nays:
Absent:
BY: __________________________________
Stephen J. Gawron
Mayor
ATTEST: __________________________________
Ann Cummings
Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon
City Commission, County of Muskegon, Michigan, at a regular meeting held on November 12, 2013.
______________________________
Ann Cummings
Clerk
11/7/13
Commission Meeting Date: November 12, 2013
Date: November 7, 2013
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Public Hearing - Request for Exemption of New Personal
Property (PA 328) – ADAC Plastics, 2653 Olthoff Dr
SUMMARY OF REQUEST:
Pursuant to Public Act 328 of 1998, as amended, ADAC Plastics, Inc, 2653 Olthoff Dr, has
requested an exemption of new personal property. The company plans on investing over
$5.7 million in personal property improvements at two Muskegon locations and is seeking a
12 year exemption on personal property. The exemption would include all new personal
property investments during the duration of the exemption. The company plans on hiring 90
employees as part of the overall project.
FINANCIAL IMPACT:
The City will forgo 100% of the new personal property taxes for the length of the abatement.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Approval of the exemption of new personal property for a duration on twelve (12) years.
COMMITTEE RECOMMENDATION:
None
11/7/2013
Resolution No. _______
MUSKEGON CITY COMMISSION
RESOLUTION APPROVING APPLICATION FOR EXEMPTION OF NEW PERSONAL PROPERTY UNDER
PA 328 OF 1998
ADAC Plastics
WHEREAS, the City of Muskegon meets the definition of an “Eligible Local Assessing District” under PA 328 of
1998, Section 7(g), by virtue of containing an eligible distressed area as defined by Section 7(f)(i), in accordance
with PA 346 of 1966, Section 11; and
WHEREAS, the applicant, ADAC Plastics, meets the definition of an “Eligible Business” as defined by PA 328 of
1998 and is engaged primarily in manufacturing at the location of 2653 Olthoff Dr, Muskegon, MI; and
WHEREAS, pursuant to P.A. 198 of 1974 as amended, after duly noticed public hearing held on July 26,
1983, this Commission by resolution established an Industrial Development District as requested by the
City of Muskegon for Port City Industrial Park, including the property owned by ADAC Plastics, 2653
Olthoff Dr, Muskegon, Michigan 49444; and
WHEREAS, ADAC Plastics has filed an application for Exemption of New Personal Property with respect to
new personal property to be installed within said Industrial Development District ; and
WHEREAS, before acting on said application the Muskegon City Commission held a public hearing on
November 12, 2013, at the Muskegon City Hall in Muskegon, Michigan at 5:30 p.m. at which hearing the
applicant, the assessor and representatives of the affected taxing units were given written notice and were
afforded an opportunity to be heard on said application; and
WHEREAS, installation of new machinery and equipment had not begun earlier than six (6) months before
October 18, 2013, the date of acceptance of the application for the Exemption of New Personal Property; and
WHEREAS, the installation of machinery and equipment is calculated to and will have the reasonable likelihood
to retain, create, or prevent the loss of employment in Muskegon, Michigan; and
NOW, THEREFORE, BE IT RESOLVED by the Muskegon City Commission of the City of Muskegon,
Michigan that:
1) The Muskegon City Commission finds and determines that the Exemption considered together
with the aggregate amount of certificates previously granted and currently in force under Act No.
328 of the Public Act of 1998 as amended and Act No. 198 of the Public Act of 1974 as amended
and Act No. 255 of the Public Acts of 1978 as amended shall not have the effect of substantially
impeding the operation of the City of Muskegon or impairing the financial soundness of a taxing
unit which levies ad valorem property taxes in the City of Muskegon.
2) The application of ADAC Plastics, for the Exemption of New Personal Property with respect to the
personal property expansion on the following described parcels of real property situated within the
City of Muskegon to wit:
CITY OF MUSKEGON THAT PART OF PORT CITY INDUSTRIAL CENTER #6 LOT 70
COM NW COR LOT 70 TH S 89D 56M E 213.38 FT ALG N LN SD LOT TO POB TH S 89D
11/7/13
56M 486.77 FT TH S 00D 45M W 819.09 FT ALG E LN SD LOT TO S LN SEC 35 & SD LOT
TH S 89D 59M W ALG S LN 487.73 FT TH N 00D 45M E TO POB
3) The Exemption of New Personal Property is issued and shall be and remain in force and effect for
a period of twelve (12) years on personal property.
Adopted this 12th Day of November 2013.
Ayes:
Nays:
Absent:
BY: __________________________________
Stephen J. Gawron
Mayor
ATTEST: __________________________________
Ann Cummings
Clerk
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the Muskegon
City Commission, County of Muskegon, Michigan, at a regular meeting held on November 12, 2013.
______________________________
Ann Cummings
Clerk
11/7/13
Date: November 11, 2013
To: Honorable Mayor and City Commissioners
From: Finance Department
RE: Transmittal of 6/30/13 Comprehensive Annual Financial Report
SUMMARY OF REQUEST: The City's June 30, 2013 Comprehensive Annual
Financial Report (CAFR) has previously been distributed to City Commissioners via
email and hard copy. The CAFR is also available on the City’s website at
www.shorelinecity.com. The CAFR includes the annual independent auditor’s report
required by state law. At this time the CAFR is being formally transmitted to the City
Commission. The CAFR has been prepared in accordance with all current
Governmental Accounting Standards Board (GASB) pronouncements and also
includes the single-audit of federal grants received by the City.
FINANCIAL IMPACT: The CAFR report summarizes the City's financial activities
for the year and includes the independent auditor's unqualified opinion on the City's
financial statements.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Acceptance of the June 30, 2013 CAFR and
authorization for staff to transmit the CAFR to appropriate federal, state and private
agencies.
COMMITTEE RECOMMENDATION: None.
Date: November 11, 2013
To: Honorable Mayor and City Commissioners
From: Finance Department
RE: Supplemental MERS Contribution
SUMMARY OF REQUEST: One of the biggest financial challenges facing the
city is pension funding. Relative to other cities, Muskegon’s pension plans are
considered very well-funded. Moreover, the city has already made difficult choices –
including closing defined benefit pensions to new hires – that will stop the further
accumulation of long-term pension liabilities. Still, paying down our existing pension
legacy costs will present budget challenges for many years to come.
Based on successful financial results for the fiscal year ended June 30, 2013, staff
believes it is appropriate to take this opportunity to make a $500,000 supplemental
payment (above the actuarial computed contribution amount) to MERS. This is
money that the city would be required to pay to MERS eventually. Paying early -
while we are in a position to afford it - ensures time remains an ally (instead of an
enemy) and will help ease pressure on future city budgets.
FINANCIAL IMPACT: $500,000 supplemental payment to MERS. The impact to
the fund balance of the city’s general fund will be $300,000. The remaining $200,000
will be paid from monies previously set aside for MERS in the collector fund.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Authorize staff to make a supplemental
$500,000 payment to MERS no later than December 31, 2013.
COMMITTEE RECOMMENDATION: None.
Date: November 12, 2013
To: Honorable Mayor and City Commissioners
From: Finance Department
RE: First Quarter 2013-14 Budget Reforecast
SUMMARY OF REQUEST: At this time staff is transmitting the First Quarter 2013-
14 Budget Reforecast which outlines proposed changes to the original budget that
have come about as result of changes in revenue projections, policy priorities, labor
contracts, updated economic conditions, or other factors.
FINANCIAL IMPACT: Major first quarter proposed adjustments are as follows:
The actual FY13 year-end fund balance for the General Fund was $5,653,558
as compared to the estimated of $5,552,504 used in preparing the FY14
budget.
General fund revenues are estimated to be $103,042 higher than originally
budgeted. The increase is attributable to higher building permit fees and state
shared revenues.
General Fund expenditures are forecast to be $367,350 higher than originally
budgeted:
o It is recommended that a supplemental $300,000 general fund
contribution to MERS be made prior to year-end (see related agenda
item).
o Inspection costs will be $58,000 higher than budgeted due to higher
than anticipated building activity and permit revenues.
Other city funds are mostly in-line with original budget projections. Some
proposed changes to these funds include:
o Equipment fund revenues/expenditures are adjusted to reflect receipt
of grant for police radios. Also, a large sewer jet truck purchase
original scheduled for FY13 was made in FY14.
o Sewer fund revenues/expenditures are adjusted to reflect receipt of
grant for infiltration study.
o Marina & Launch Ramp fund revenues/expenditures are adjusted to
reflect receipt of grant for dredging.
BUDGET ACTION REQUIRED: City commission approval of this reforecast will
formally amend the City’s 2013-14 budget.
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION: None.
Page 1 of 40
City of Muskegon
2013-14 Budget Summary
Summary of Budgeted Funds
Projected Projected Ending Increase
Beginning Fund Fund (Decrease) Fund
Balance/Working Projected Projected Balance/Working Balance/Working
Fund Name Capital Revenues Expenditures Capital Capital
1 General $ 5,653,558 $ 23,286,247 $ 24,143,050 $ 4,796,755 $ (856,803)
2 Major Streets 2,153,684 3,852,945 4,915,727 1,090,902 (1,062,782)
3 Local Streets 422,159 1,677,698 1,774,549 325,308 (96,851)
4 Criminal Forfeitures Fund 172,578 18,700 14,530 176,748 4,170
5 Budget Stabilization Fund 1,700,000 - - 1,700,000 -
6 Tree Replacement Fund 1,479 1,550 1,000 2,029 550
7 Brownfield Authority Fund (Betten) (1,409,027) 128,290 157,580 (1,438,317) (29,290)
8 Brownfield Authority Fund (Former Mall) - 79,249 79,249 - -
9 Tax Increment Finance Authority Fund 14,163 36,812 50,000 975 (13,188)
10 Downtown Development Authority Debt Fund 167,477 293,681 332,538 128,620 (38,857)
11 Local Development Finance Authority III Fund (SZ) 30,266 372,863 385,800 17,329 (12,937)
12 Arena Improvement 4,867 14,200 5,000 14,067 9,200
13 Sidewalk Improvement 469,488 41,000 152,140 358,348 (111,140)
14 Public Improvement 677,857 212,500 555,000 335,357 (342,500)
15 State Grants 126,257 538,500 529,216 135,541 9,284
16 Marina & Launch Ramp 206,007 394,800 393,027 207,780 1,773
17 Public Service Building 435,245 1,093,448 987,356 541,337 106,092
18 Engineering Services 123,887 480,500 455,631 148,756 24,869
19 Equipment 1,821,689 2,318,500 3,697,950 442,239 (1,379,450)
20 General Insurance 880,314 4,048,046 4,035,378 892,982 12,668
21 Sewer 4,158,969 6,874,351 7,520,411 3,512,909 (646,060)
22 Water 2,303,174 6,467,299 5,922,421 2,848,052 544,878
Total All Budgeted Funds $ 20,114,091 $ 52,231,179 $ 56,107,553 $ 16,237,717 $ (3,876,374)
Page 2 of 40
CITY OF MUSKEGON
GENERAL FUND
HISTORICAL SUMMARY
Revenues & Expenditures & Fund Balance
Year Transfers In Transfers Out at Year-End
2000 $ 23,685,516 $ 22,232,657 $ 2,951,734
2001 23,446,611 23,235,978 3,162,367
2002 23,617,163 23,971,534 2,807,996
2003 23,328,756 23,705,334 2,431,418
2004 23,401,793 23,388,019 2,445,192
2005 23,732,641 23,658,227 2,519,606
2006 24,669,210 24,498,776 2,690,040
2007 25,031,403 24,800,810 2,920,633
2008 25,563,632 26,100,539 2,383,726
2009 24,105,019 24,850,082 1,638,663
2010* 16,142,764 11,742,973 6,038,454
2010-11 24,029,686 25,556,758 4,511,382
2011-12 24,126,111 23,617,448 5,020,045
2012-13 23,628,056 22,708,893 5,653,558
Fiscal 2013-14 Budget Summary
FUND BALANCE AT START OF YEAR $ 5,653,558
MEANS OF FINANCING:
Taxes 14,630,752 62.8%
Licenses and Permits 1,328,000 5.7%
Federal Grants 42,675 0.2%
State Grants 15,000 0.1%
State Shared Revenue 3,806,443 16.3%
Other Charges 2,413,815 10.4%
Fines and Fees 417,000 1.8%
Other Revenue 429,313 1.8%
Other Financing Sources 203,249 0.9%
23,286,247 100.0%
ESTIMATED REQUIREMENTS:
Customer Value Added Activities 18,421,424 76.3%
Business Value Added Activities 4,090,924 16.9%
Fixed Budget Items 1,630,702 6.8%
24,143,050 100.0%
ESTIMATED FUND BALANCE AT END OF YEAR $ 4,796,755
OPERATING DEFICIT (USE OF FUND BALANCE) $ (856,803)
* Six-month transition period to new fiscal year
Page 3 of 40
City of Muskegon
Annual Budget & Quarterly Budget Reforecast - General Fund
Original Budget Increase
Estimate Actual to Date Actual to Date 1Q Reforecast (Decrease)
Actual FY2012 Actual FY2013 FY2014 9/30/13 9/30/12 FY2014 From Original
Available Fund Balance - BOY $ 4,511,382 $ 5,020,045 $ 5,552,504 $ 5,653,558 $ 4,511,382 $ 5,653,558 $ 101,054
Taxes
101-00000-4100 PROPERTY TAX 6,275,258 5,686,870 5,429,962 - - 5,429,962 -
101-00000-4101 CHARGE BACK COLLECTED 3 - 200 - - 200 -
101-00000-4102 IN LIEU OF TAX 95,805 96,346 95,000 - - 95,000 -
101-00000-4103 IFT/CFT TAX 84,332 58,087 76,421 - - 76,421 -
101-00000-4104 PROPERTY TAX SANITATION 1,638,466 1,484,252 1,429,169 - - 1,429,169 -
101-00000-4140 INCOME TAX 7,412,804 7,506,472 7,600,000 1,780,003 1,760,256 7,600,000 -
$ 15,506,668 $ 14,832,026 $ 14,630,752 $ 1,780,003 $ 1,760,256 $ 14,630,752 $ -
Licenses and permits
101-00000-4202 BUSINESS LICENSES & PERMITS 30,642 31,623 29,500 4,585 5,573 29,500 -
101-00000-4203 LIQUOR LICENSES & TAX REBATE 46,039 44,955 45,000 34,390 30,268 45,000 -
101-00000-4204 CABLE TV LICENSES OR FEES 342,376 358,785 350,000 - - 350,000 -
101-00000-4205 HOUSING LICENSES 39,885 45,575 48,000 7,220 9,545 48,000 -
101-00000-4206 INSPECTION FEE 30 190 - (60) - - -
101-00000-4207 CEMETERY-BURIAL PERMITS 87,768 89,170 110,000 23,205 23,167 110,000 -
101-00000-4208 BUILDING PERMITS 264,201 278,166 255,000 100,274 57,413 300,000 45,000
101-00000-4209 ELECTRICAL PERMITS 84,907 67,128 82,000 26,984 16,803 100,000 18,000
101-00000-4210 PLUMBING PERMITS 26,884 26,519 31,000 15,483 6,528 45,000 14,000
101-00000-4211 HEATING PERMITS 55,169 62,305 60,000 18,113 13,889 65,000 5,000
101-00000-4212 POLICE GUN REGISTRATION - - - 1,400 - 2,500 2,500
101-00000-4213 RENTAL PROPERTY REGISTRATION 123,075 117,535 120,000 40,585 27,650 120,000 -
101-00000-4221 VACANT BUILDING FEE 112,058 108,284 100,000 21,590 22,430 100,000 -
101-00000-4224 TEMPORARY LIQUOR LICENSE 10,000 8,050 15,000 1,325 1,750 13,000 (2,000)
$ 1,223,033 $ 1,238,284 $ 1,245,500 $ 295,094 $ 215,015 $ 1,328,000 $ 82,500
Federal grants
101-00000-4300 FEDERAL GRANTS 152,300 117,324 42,675 - 38,940 42,675 -
$ 152,300 $ 117,324 $ 42,675 $ - $ 38,940 $ 42,675 $ -
State grants
101-00000-4400 STATE GRANTS 14,295 13,819 15,000 - - 15,000 -
$ 14,295 $ 13,819 $ 15,000 $ - $ - $ 15,000 $ -
State shared revenue
101-00000-4502 STATE SALES TAX CONSTITUTIONAL 2,612,928 2,667,026 2,742,356 - - 2,722,792 (19,564)
101-00000-4503 STATE EVIP PAYMENTS 964,920 1,033,845 1,033,845 - - 1,083,651 49,806
$ 3,577,848 $ 3,700,871 $ 3,776,201 $ - $ - $ 3,806,443 $ 30,242
Other charges for sales and services
101-00000-4603 TAX COLLECTION FEE 289,361 267,293 245,300 37,490 - 245,300 -
101-00000-4604 GARBAGE COLLECTION 48,851 46,624 48,000 8,053 9,109 48,000 -
101-00000-4606 ADMINISTRATION FEES 225,000 250,000 250,000 62,500 62,500 250,000 -
101-00000-4607 REIMBURSEMENT ELECTIONS 13,640 329 15,500 331 123 15,500 -
101-00000-4608 INDIRECT COST ALLOCATION 1,144,020 1,171,536 984,445 245,776 292,884 984,445 -
Page 4 of 40
City of Muskegon
Annual Budget & Quarterly Budget Reforecast - General Fund
Original Budget Increase
Estimate Actual to Date Actual to Date 1Q Reforecast (Decrease)
Actual FY2012 Actual FY2013 FY2014 9/30/13 9/30/12 FY2014 From Original
101-00000-4609 PROCUREMENT CARD REBATE 37,689 54,556 54,000 - - 54,000 -
101-00000-4611 SPECIAL EVENTS REIMBURSEMENT 95,788 66,596 75,000 78,948 50,037 75,000 -
101-00000-4612 CEMETERY SALE OF LOTS 24,592 31,482 25,000 10,553 7,874 25,000 -
101-00000-4614 REIMBURSEMENT LOT CLEAN UP 43,028 32,462 35,000 4,507 10,180 35,000 -
101-00000-4615 POLICE DEPARTMENT INCOME 42,421 67,322 45,000 22,685 11,218 60,000 15,000
101-00000-4617 FIRE DEPARTMENT INCOME 703 2,843 2,200 785 190 2,500 300
101-00000-4619 MISC. SALES AND SERVICES 2,801 2,452 3,000 - (414) 3,000 -
101-00000-4620 FIRE PROTECTION-STATE PROP 137,127 117,776 84,970 500 - 84,970 -
101-00000-4621 ZONING & ENCROACHMENT FEES 11,855 11,164 11,000 5,220 1,445 11,000 -
101-00000-4622 MISC. CLERK FEES 1,365 2,827 2,800 338 831 2,800 -
101-00000-4624 TAX ABATEMENT APPLICATION FEES 3,439 5,904 6,000 500 2,284 6,000 -
101-00000-4625 MISC. TREAS. FEES 44,502 42,948 50,000 3,072 1,932 50,000 -
101-00000-4631 REIMBURSEMENT SCHOOL OFFICER 15,450 25,276 24,500 - 6,180 24,500 -
101-00000-4633 OBSOLETE PROPERTY FEES 200 - - 250 - - -
101-00000-4634 PASSPORTS 3,790 4,160 3,500 925 495 3,500 -
101-00000-4635 START UP CHARGE/REFUSE 9,343 10,615 10,000 1,650 2,970 10,000 -
101-00000-4636 REFUSE BAG & BULK SALES 28,878 23,852 23,000 6,756 7,148 23,000 -
101-00000-4637 APPLIANCE STICKER 232 25 300 25 - 300 -
101-00000-4642 LIEN LOOK UPS 17,180 15,700 15,000 2,770 4,230 15,000 -
101-00000-4648 FALSE ALARM FEES/POLICE 10,680 5,265 13,000 2,445 - 10,000 (3,000)
101-00000-4649 CEMETERY-MISC. INCOME 61,645 17,369 20,000 3,911 4,866 20,000 -
101-00000-4650 SENIOR CITIZENS TRANSPORTATION 11,123 8,382 - 50 4,125 - -
101-00000-4651 REIMBURSEMENT LOT MOWING 58,740 43,648 50,000 11,699 14,434 50,000 -
101-00000-4656 SITE PLAN REVIEW 3,400 3,600 3,500 200 700 3,500 -
101-00000-4657 COLUMBARIUM NICHE 79 1,725 1,000 - 800 1,000 -
101-00000-4658 IMPOUND FEES 40,920 38,844 42,000 8,750 8,394 42,000 -
101-00000-4660 MISC RECREATION INCOME 6,551 6,667 6,500 2,412 1,350 6,500 -
101-00000-4661 LEASE GREAT LAKES NAVAL MEMORIAL 15,000 15,000 15,000 5,000 3,750 15,000 -
101-00000-4663 FLEA MARKET AT FARMERS MARKET 28,664 30,935 35,000 14,750 15,702 35,000 -
101-00000-4664 FARMERS MARKET INCOME 47,805 42,599 40,000 29,608 23,932 40,000 -
101-00000-4665 LEASE BILLBOARDS 6,800 6,800 6,800 - - 6,800 -
101-00000-4670 PICNIC SHELTER 21,485 19,600 35,000 5,895 1,975 35,000 -
101-00000-4671 MCGRAFT PARK 48,213 61,053 46,000 1,970 400 46,000 -
101-00000-4673 RENTAL - CENTRAL DISPATCH 43,526 44,938 45,000 8,345 8,430 45,000 -
101-00000-4674 RENTAL - CITY HALL 6,600 16,244 19,200 5,792 2,400 19,200 -
101-00000-4675 RENTALS - BEACH 9,491 2,500 10,000 2,500 - 10,000 -
$ 2,661,976 $ 2,618,909 $ 2,401,515 $ 596,960 $ 562,473 $ 2,413,815 $ 12,300
Fines and fees
101-00000-4701 INCOME TAX-PENALTY & INTEREST 191,679 174,801 175,000 33,950 39,765 175,000 -
101-00000-4702 DELINQUENT FEES 24,051 30,872 40,000 - - 40,000
101-00000-4703 INTEREST/LATE INVOICES - - - 12 - - -
101-00000-4704 PENALTIES/INTEREST/FINES 2,328 2,318 2,000 538 601 2,000 -
101-00000-4754 TRAFFIC FINES & FEES 105,995 77,803 90,000 15,260 25,225 70,000 (20,000)
101-00000-4755 COURT FEES 123,926 125,184 130,000 14,593 19,477 130,000 -
$ 447,978 $ 410,978 $ 437,000 $ 64,353 $ 85,068 $ 417,000 $ (20,000)
Page 5 of 40
City of Muskegon
Annual Budget & Quarterly Budget Reforecast - General Fund
Original Budget Increase
Estimate Actual to Date Actual to Date 1Q Reforecast (Decrease)
Actual FY2012 Actual FY2013 FY2014 9/30/13 9/30/12 FY2014 From Original
Other revenue
101-00000-4800 MISC. & SUNDRY 13,994 9,208 5,000 709 193 5,000 -
101-00000-4802 REIMB:DEMOS AND BOARD-UPS 9,227 10,639 10,000 1,607 6,155 8,000 (2,000)
101-00000-4803 CDBG PROGRAM REIMBURSEMENTS 415,322 333,929 326,288 - 18,115 326,288 -
101-00000-4805 CONTRIBUTIONS 2,596 3,755 11,000 1,200 960 11,000 -
101-00000-4806 BIKE/PROPERTY AUCTIONS-POLICE 10,598 6,058 2,000 - 200 2,000 -
101-00000-4811 FISHERMANS LANDING REIMBURSEMENT 16,775 17,471 16,500 - - 16,500 -
101-00000-4814 PROMOTIONAL PRODUCTS 22 25 25 109 - 25 -
101-00000-4818 RECOVERY OF BAD DEBT 1,763 7,122 7,000 125 291 7,000 -
101-00000-4821 CONTRIBUTIONS/GRANTS - 2,250 22,000 - - 22,000 -
101-00000-4823 CONTRIBUTIONS - DISC GOLF COURSE IMPROVE 1,280 4,480 - - 1,600 - -
101-00000-4825 CONTRIBUTIONS - VETERAN'S PARK MAINT 18,502 16,155 16,500 - - 16,500 -
101-00000-4829 COMMUNITY FOUNDATION GRANT - MCGRAFT PARK - 4,800 - - - - -
101-00000-4841 GRANT: COMMUNITY FOUNDATION 10,000 10,000 15,000 15,000 - 15,000 -
$ 500,079 $ 425,892 $ 431,313 $ 18,750 $ 27,513 $ 429,313 $ (2,000)
Interest & Operating Transfers
101-00000-4902 OP. TRANS FROM SPECIAL REVENUE 13,828 52,995 79,249 - 2,500 79,249 -
101-00000-4903 OP. TRANS FROM DEBT SERVICE 50,000 50,000 50,000 12,500 12,500 50,000 -
101-00000-4904 OP. TRANS FROM CAPITAL PROJECTS 1,125 - - - - - -
101-00000-4906 OP. TRANS FROM INTERNAL SERVICE FUND - 200,000 - - 200,000 - -
101-00000-4908 OP. TRANS FROM NONEXPENDABLE 2,226 20,653 23,000 - 2,950 23,000 -
101-00000-4970 INTEREST INCOME 9,378 69,568 50,000 (1,338) 3,380 50,000 -
101-00000-4971 UNREALIZED GAIN (LOSS) ON INVESTMENT (34,662) (123,263) - (32,087) (16,772) - -
101-00000-4980 SALE OF FIXED ASSETS - - 1,000 - - 1,000 -
$ 41,895 $ 269,953 $ 203,249 $ (20,925) $ 204,558 $ 203,249 $ -
Total general fund revenues and other
sources $ 24,126,073 $ 23,628,056 $ 23,183,205 $ 2,734,235 $ 2,893,822 $ 23,286,247 $ 103,042
Page 6 of 40
Annual Budget & Quarterly Budget Reforecast - General Fund
General Fund Expenditure Summary By Function
Increase
Original Budget (Decrease)
Estimate Actual to Date Actual to Date 1Q Reforecast From FY13
Actual FY2012 Actual FY2013 FY2014 9/30/13 9/30/12 FY2014 Reforecast
I. Customer Value Added Activities
40301 Police Department
5100 SALARIES & BENEFITS 7,570,540 7,650,897 7,844,317 1,628,190 1,708,218 7,844,317 -
5200 SUPPLIES 76,955 63,751 97,280 14,443 17,162 97,280 -
5300 CONTRACTUAL SERVICES 875,146 893,404 818,350 196,207 230,704 818,350 -
5400 OTHER EXPENSES 21,781 16,611 15,000 1,542 3,781 15,000 -
5700 CAPITAL OUTLAYS 7,132 17,591 22,600 326 4,410 33,200 10,600
$ 8,551,554 $ 8,642,254 $ 8,797,547 $ 1,840,708 $ 1,964,275 $ 8,808,147 $ 10,600
$ 8,551,554 $ 8,642,254 $ 8,797,547 $ 1,840,708 $ 1,964,275 $ 8,808,147 $ 10,600
50336 Fire Department
5100 SALARIES & BENEFITS 3,259,426 2,842,619 3,031,120 661,777 600,994 3,031,120 -
5200 SUPPLIES 98,384 103,835 83,000 20,031 20,021 83,000 -
5300 CONTRACTUAL SERVICES 201,406 420,775 401,900 98,051 92,557 401,900 -
5400 OTHER EXPENSES 2,182 3,514 3,850 1,750 1,676 7,000 3,150
5700 CAPITAL OUTLAYS 57,270 42,880 56,400 2,159 8,978 56,400 -
$ 3,618,668 $ 3,413,623 $ 3,576,270 $ 783,768 $ 724,226 $ 3,579,420 $ 3,150
50338 New Central Fire Station
5100 SALARIES & BENEFITS - - - - - - -
5200 SUPPLIES - - - - - - -
5300 CONTRACTUAL SERVICES 56,009 58,416 60,000 8,931 9,506 60,000 -
5400 OTHER EXPENSES - - - - - - -
5700 CAPITAL OUTLAYS - - - - - - -
$ 56,009 $ 58,416 $ 60,000 $ 8,931 $ 9,506 $ 60,000 $ -
50387 Fire Safety Inspections
5100 SALARIES & BENEFITS 463,384 164,533 102,067 - 96,424 102,067 -
5200 SUPPLIES 5,951 1,547 - 118 1,255 1,000 1,000
5300 CONTRACTUAL SERVICES 128,447 306,646 342,400 10,918 7,368 400,000 57,600
5400 OTHER EXPENSES 3,973 950 - - 941 - -
5700 CAPITAL OUTLAYS 1,708 (742) - - - - -
$ 603,463 $ 472,934 $ 444,467 $ 11,036 $ 105,988 $ 503,067 $ 58,600
$ 4,278,140 $ 3,944,973 $ 4,080,737 $ 803,735 $ 839,720 $ 4,142,487 $ 61,750
60523 General Sanitation
5100 SALARIES & BENEFITS 30,917 19,689 14,044 4,007 4,240 14,044 -
5200 SUPPLIES 16 - - - - - -
5300 CONTRACTUAL SERVICES 1,530,445 1,522,242 1,679,514 133,943 236,193 1,679,514 -
5400 OTHER EXPENSES - - - - -
5700 CAPITAL OUTLAYS - - - - - - -
5900 OTHER FINANCING USES 200,000 200,000 200,000 50,000 50,000 200,000 -
$ 1,761,378 $ 1,741,931 $ 1,893,558 $ 187,950 $ 290,433 $ 1,893,558 $ -
60550 Stormwater Management
5100 SALARIES & BENEFITS - - - - - - -
5200 SUPPLIES 198 - - - - - -
5300 CONTRACTUAL SERVICES 13,072 12,994 15,000 - - 15,000 -
5400 OTHER EXPENSES - - - - -
5700 CAPITAL OUTLAYS - - - - - - -
$ 13,270 $ 12,994 $ 15,000 $ - $ - $ 15,000 $ -
60448 Streetlighting
Page 7 of 40
Annual Budget & Quarterly Budget Reforecast - General Fund
General Fund Expenditure Summary By Function
Increase
Original Budget (Decrease)
Estimate Actual to Date Actual to Date 1Q Reforecast From FY13
Actual FY2012 Actual FY2013 FY2014 9/30/13 9/30/12 FY2014 Reforecast
5100 SALARIES & BENEFITS - - - - - - -
5200 SUPPLIES - - - - - - -
5300 CONTRACTUAL SERVICES 560,199 655,118 650,000 108,630 110,523 650,000 -
5400 OTHER EXPENSES - - - - - - -
5700 CAPITAL OUTLAYS - - 5,000 - - 5,000 -
$ 560,199 $ 655,118 $ 655,000 $ 108,630 $ 110,523 $ 655,000 $ -
60707 Senior Citizen Transit
5100 SALARIES & BENEFITS 65,909 31,420 3,771 725 13,389 3,771 -
5200 SUPPLIES - - - - - - -
5300 CONTRACTUAL SERVICES 10,400 10,396 40,000 5,000 2,400 35,000 (5,000)
5400 OTHER EXPENSES - - - - - - -
5700 CAPITAL OUTLAYS - - - - - - -
$ 76,309 $ 41,816 $ 43,771 $ 5,725 $ 15,789 $ 38,771 $ (5,000)
60446 Community Event Support
5100 SALARIES & BENEFITS 14,857 13,668 10,000 5,041 2,857 10,000 -
5200 SUPPLIES 58 1,015 800 75 443 800 -
5300 CONTRACTUAL SERVICES 5,297 4,586 10,000 5,446 455 10,000 -
5400 OTHER EXPENSES - - - - - - -
5700 CAPITAL OUTLAYS - - - - - - -
$ 20,212 $ 19,269 $ 20,800 $ 10,562 $ 3,755 $ 20,800 $ -
70751 Parks Maintenance
5100 SALARIES & BENEFITS 353,705 342,929 386,722 76,231 75,403 386,722 -
5200 SUPPLIES 65,534 54,898 89,720 23,347 19,282 89,720 -
5300 CONTRACTUAL SERVICES 620,372 603,317 651,937 174,748 199,397 651,937 -
5400 OTHER EXPENSES 102 4 - - - - -
5700 CAPITAL OUTLAYS 10,673 8,314 6,000 565 - 6,000 -
$ 1,050,386 $ 1,009,462 $ 1,134,379 $ 274,891 $ 294,082 $ 1,134,379 $ -
Page 8 of 40
Annual Budget & Quarterly Budget Reforecast - General Fund
General Fund Expenditure Summary By Function
Increase
Original Budget (Decrease)
Estimate Actual to Date Actual to Date 1Q Reforecast From FY13
Actual FY2012 Actual FY2013 FY2014 9/30/13 9/30/12 FY2014 Reforecast
70757 Mc Graft Park Maintenance
5100 SALARIES & BENEFITS 6,934 3,935 8,095 2,187 465 8,095 -
5200 SUPPLIES 3,479 2,851 3,250 2,004 591 3,250 -
5300 CONTRACTUAL SERVICES 29,358 15,456 33,850 9,835 6,839 33,650 (200)
5400 OTHER EXPENSES 106 - - - - - -
5700 CAPITAL OUTLAYS 106 1,220 - 180 - 200 200
$ 39,982 $ 23,462 $ 45,195 $ 14,206 $ 7,895 $ 45,195 $ -
70276 Cemeteries Maintenance
5100 SALARIES & BENEFITS 106,333 89,049 80,894 17,005 22,485 80,894 -
5200 SUPPLIES 6,975 5,258 6,810 2,350 1,291 6,810 -
5300 CONTRACTUAL SERVICES 247,644 259,567 256,806 91,622 94,729 256,806 -
5400 OTHER EXPENSES - 1,563 - - - - -
5700 CAPITAL OUTLAYS 7,594 7,466 7,000 - 135 7,000 -
$ 368,546 $ 362,903 $ 351,510 $ 110,977 $ 118,640 $ 351,510 $ -
70585 Parking Operations
5100 SALARIES & BENEFITS 830 1,076 1,200 215 - 1,200 -
5200 SUPPLIES - - - 150 - 200 200
5300 CONTRACTUAL SERVICES 3,654 4,189 4,000 979 914 3,800 (200)
5400 OTHER EXPENSES - - - - - - -
5700 CAPITAL OUTLAYS - - - - - - -
$ 4,484 $ 5,265 $ 5,200 $ 1,344 $ 914 $ 5,200 $ -
70357 Graffiti Removal
5100 SALARIES & BENEFITS 4,312 3,122 4,000 607 558 4,000 -
5200 SUPPLIES 513 91 200 - 67 200 -
5300 CONTRACTUAL SERVICES 265 640 4,661 278 383 4,661 -
5400 OTHER EXPENSES - - - - - - -
5700 CAPITAL OUTLAYS - - - - - - -
$ 5,090 $ 3,853 $ 8,861 $ 885 $ 1,008 $ 8,861 $ -
70863 Farmers' Market & Flea Market
5100 SALARIES & BENEFITS 20,918 27,276 25,370 8,519 8,170 25,370 -
5200 SUPPLIES 2,197 2,913 2,700 - 1,341 2,700 -
5300 CONTRACTUAL SERVICES 30,953 33,051 31,188 11,929 11,539 31,188 -
5400 OTHER EXPENSES 45 25 100 - - 100 -
5700 CAPITAL OUTLAYS 294 - 2,000 22 - 2,000 -
$ 54,407 $ 63,265 $ 61,358 $ 20,470 $ 21,050 $ 61,358 $ -
$ 3,954,262 $ 3,939,338 $ 4,234,632 $ 735,640 $ 864,089 $ 4,229,632 $ (5,000)
Page 9 of 40
Annual Budget & Quarterly Budget Reforecast - General Fund
General Fund Expenditure Summary By Function
Increase
Original Budget (Decrease)
Estimate Actual to Date Actual to Date 1Q Reforecast From FY13
Actual FY2012 Actual FY2013 FY2014 9/30/13 9/30/12 FY2014 Reforecast
70775 General Recreation
5100 SALARIES & BENEFITS - 3,062 - - 99 - -
5200 SUPPLIES 230 96 200 - - 200 -
5300 CONTRACTUAL SERVICES 108,784 92,786 95,700 38,081 38,804 95,700 -
5400 OTHER EXPENSES 51 - - - - - -
5700 CAPITAL OUTLAYS - - - - - - -
$ 109,065 $ 95,944 $ 95,900 $ 38,081 $ 38,903 $ 95,900 $ -
80387 Environmental Services
5100 SALARIES & BENEFITS 337,789 331,404 357,849 80,936 65,171 357,849 -
5200 SUPPLIES 10,247 10,649 8,300 1,906 2,522 8,300 -
5300 CONTRACTUAL SERVICES 191,979 194,996 233,240 82,072 82,184 233,240 -
5400 OTHER EXPENSES 228 547 2,000 - - 2,000 -
5700 CAPITAL OUTLAYS 1,422 3,897 3,500 2,486 108 3,500 -
$ 541,665 $ 541,493 $ 604,889 $ 167,400 $ 149,985 $ 604,889 $ -
$ 650,729 $ 637,437 $ 700,789 $ 205,481 $ 188,888 $ 700,789 $ -
10875 Other - Contributions to Outside Agencies
MUSKEGON AREA TRANSIT (MATS) 80,164 80,164 77,460 32,432 11,392 77,460 -
NEIGHBORHOOD ASSOCIATION GRANTS 17,738 17,738 21,000 - - 21,000 -
MUSKEGON AREA FIRST 45,566 45,566 45,660 - - 45,660 -
VETERANS MEMORIAL DAY COSTS - 4,463 7,000 - - 7,000 -
WEST MI ECONOMIC DEVELOPMENT PARTNERSHIP - - 3,000 - - 3,000 -
DOWNTOWN MUSKEGON NOW - 42,995 79,249 - - 79,249 -
LAKESIDE BUSINESS DISTRICT 2,500 2,500 2,500 - - 2,500 -
211 SERVICE 2,500 2,500 2,500 - - 2,500 -
MLK DIVERSITY PROGRAM 1,000 1,000 1,000 - - 1,000 -
MUSKEGON AREA LABOR MANAGEMENT (MALMC) - 1,000 1,000 - - 1,000 -
SUPPLEMENTAL MERS CONTRIBUTION - - - - - 300,000 300,000
Contributions To Outside Agencies $ 149,468 $ 197,926 $ 240,369 $ 32,432 $ 11,392 $ 540,369 $ 300,000
$ 149,468 $ 197,926 $ 240,369 $ 32,432 $ 11,392 $ 540,369 $ 300,000
Total Customer Value Added Activities $ 17,584,153 $ 17,361,928 $ 18,054,074 $ 3,617,996 $ 3,868,364 $ 18,421,424 $ 367,350
As a Percent of Total General Fund
Expenditures 74.5% 76.5% 75.9% 72.1% 73.3% 76.3%
Page 10 of 40
Annual Budget & Quarterly Budget Reforecast - General Fund
General Fund Expenditure Summary By Function
Increase
Original Budget (Decrease)
Estimate Actual to Date Actual to Date 1Q Reforecast From FY13
Actual FY2012 Actual FY2013 FY2014 9/30/13 9/30/12 FY2014 Reforecast
II. Business Value Added Activities
10101 City Commission
5100 SALARIES & BENEFITS 67,018 66,891 66,778 14,291 13,713 66,778 -
5200 SUPPLIES 6,880 8,515 11,000 8,517 8,386 11,000 -
5300 CONTRACTUAL SERVICES 3,201 14,961 14,500 9,067 291 14,500 -
5400 OTHER EXPENSES 1,436 847 2,000 705 90 2,000 -
5700 CAPITAL OUTLAYS 4,371 2,295 1,500 240 1,546 1,500 -
$ 82,906 $ 93,509 $ 95,778 $ 32,820 $ 24,026 $ 95,778 $ -
10102 City Promotions & Public Relations
5100 SALARIES & BENEFITS - - - - - - -
5200 SUPPLIES 1,067 474 350 198 92 350 -
5300 CONTRACTUAL SERVICES 6,146 9,357 9,000 861 120 9,000 -
5400 OTHER EXPENSES - - - - - - -
5700 CAPITAL OUTLAYS - - - - - - -
$ 7,214 $ 9,831 $ 9,350 $ 1,059 $ 212 $ 9,350 $ -
10172 City Manager
5100 SALARIES & BENEFITS 261,589 263,747 261,736 54,061 54,290 261,736 -
5200 SUPPLIES 1,297 538 1,400 1,096 67 1,400 -
5300 CONTRACTUAL SERVICES 7,032 4,196 7,500 660 2,841 7,500 -
5400 OTHER EXPENSES 2,225 336 - 927 (26) - -
5700 CAPITAL OUTLAYS 1,166 1,092 1,000 - - 1,000 -
$ 273,309 $ 269,909 $ 271,636 $ 56,744 $ 57,172 $ 271,636 $ -
10145 City Attorney
5100 SALARIES & BENEFITS - - - - - - -
5200 SUPPLIES - 830 2,000 850 830 2,000 -
5300 CONTRACTUAL SERVICES 354,865 320,106 340,000 77,204 86,195 340,000 -
5400 OTHER EXPENSES - - - - - - -
5700 CAPITAL OUTLAYS - - - - - - -
$ 354,865 $ 320,936 $ 342,000 $ 78,054 $ 87,025 $ 342,000 $ -
$ 718,294 $ 694,185 $ 718,764 $ 168,677 $ 168,435 $ 718,764 $ -
20228 Affirmative Action
5100 SALARIES & BENEFITS 80,618 79,907 79,488 17,910 17,033 79,488 -
5200 SUPPLIES 264 239 750 35 64 750 -
5300 CONTRACTUAL SERVICES 1,785 1,051 1,627 150 217 1,627 -
5400 OTHER EXPENSES 319 151 800 5 17 800 -
5700 CAPITAL OUTLAYS - 1,092 2,350 1,627 - 2,350 -
$ 82,987 $ 82,440 $ 85,015 $ 19,727 $ 17,331 $ 85,015 $ -
Page 11 of 40
Annual Budget & Quarterly Budget Reforecast - General Fund
General Fund Expenditure Summary By Function
Increase
Original Budget (Decrease)
Estimate Actual to Date Actual to Date 1Q Reforecast From FY13
Actual FY2012 Actual FY2013 FY2014 9/30/13 9/30/12 FY2014 Reforecast
20215 City Clerk & Elections
5100 SALARIES & BENEFITS 243,389 266,352 266,716 60,888 61,527 266,716 -
5200 SUPPLIES 25,026 32,880 35,040 7,933 12,208 35,040 -
5300 CONTRACTUAL SERVICES 11,797 29,335 31,684 10,108 7,910 31,684 -
5400 OTHER EXPENSES 2,367 2,497 2,500 106 594 2,500 -
5700 CAPITAL OUTLAYS 6,380 6,189 1,000 - - 1,000 -
$ 288,959 $ 337,253 $ 336,940 $ 79,035 $ 82,239 $ 336,940 $ -
20220 Civil Service
5100 SALARIES & BENEFITS 4,245 3,429 - - 3,429 - -
5200 SUPPLIES 3,810 - 500 - - 500 -
5300 CONTRACTUAL SERVICES 88,071 82,446 85,050 19,898 19,477 85,050 -
5400 OTHER EXPENSES 2,418 2,563 2,800 - - 2,800 -
5700 CAPITAL OUTLAYS - - - - - - -
$ 98,543 $ 88,438 $ 88,350 $ 19,898 $ 22,906 $ 88,350 $ -
$ 470,489 $ 508,131 $ 510,305 $ 118,660 $ 122,476 $ 510,305 $ -
30202 Finance Administration
5100 SALARIES & BENEFITS 278,978 187,092 193,021 38,250 39,731 193,021 -
5200 SUPPLIES 2,933 2,961 2,970 460 640 2,970 -
5300 CONTRACTUAL SERVICES 133,853 172,202 174,300 31,646 36,530 174,300 -
5400 OTHER EXPENSES 1,505 1,166 500 226 210 500 -
5700 CAPITAL OUTLAYS 3,834 725 500 - - 500 -
$ 421,103 $ 364,146 $ 371,291 $ 70,582 $ 77,111 $ 371,291 $ -
30209 Assessing Services
5100 SALARIES & BENEFITS 3,126 3,312 4,500 494 405 4,500 -
5200 SUPPLIES - - - - - - -
5300 CONTRACTUAL SERVICES 422,034 326,878 321,700 74,580 88,592 321,700 -
5400 OTHER EXPENSES - - - - - - -
5700 CAPITAL OUTLAYS - - - - - - -
$ 425,160 $ 330,190 $ 326,200 $ 75,074 $ 88,997 $ 326,200 $ -
30805 Arena Administration
5100 SALARIES & BENEFITS - - - - - - -
5200 SUPPLIES - - - - - - -
5300 CONTRACTUAL SERVICES 238,492 237,423 238,000 235,000 235,000 238,000 -
5400 OTHER EXPENSES - - - - - - -
5700 CAPITAL OUTLAYS 1,599 1,538 1,550 - - 1,550 -
$ 240,091 $ 238,961 $ 239,550 $ 235,000 $ 235,000 $ 239,550 $ -
Page 12 of 40
Annual Budget & Quarterly Budget Reforecast - General Fund
General Fund Expenditure Summary By Function
Increase
Original Budget (Decrease)
Estimate Actual to Date Actual to Date 1Q Reforecast From FY13
Actual FY2012 Actual FY2013 FY2014 9/30/13 9/30/12 FY2014 Reforecast
30205 Income Tax Administration
5100 SALARIES & BENEFITS 349,617 310,903 337,493 68,983 65,706 337,493 -
5200 SUPPLIES 11,035 7,917 10,760 1,258 698 10,760 -
5300 CONTRACTUAL SERVICES 66,871 68,153 70,550 6,686 7,987 70,550 -
5400 OTHER EXPENSES 792 318 1,000 - - 1,000 -
5700 CAPITAL OUTLAYS 4,081 1,475 2,500 - - 2,500 -
$ 432,397 $ 388,766 $ 422,303 $ 76,927 $ 74,391 $ 422,303 $ -
30253 City Treasurer
5100 SALARIES & BENEFITS 318,736 301,576 298,022 63,328 67,018 298,022 -
5200 SUPPLIES 65,720 69,608 66,000 13,311 13,099 66,000 -
5300 CONTRACTUAL SERVICES 126,643 111,392 109,000 19,667 25,149 109,000 -
5400 OTHER EXPENSES 343 882 800 - - 800 -
5700 CAPITAL OUTLAYS 5,710 51 1,000 - 51 1,000 -
$ 517,152 $ 483,509 $ 474,822 $ 96,306 $ 105,317 $ 474,822 $ -
30248 Information Systems Administration
5100 SALARIES & BENEFITS 301,869 308,966 314,865 64,436 62,693 314,865 -
5200 SUPPLIES 481 159 2,156 - 41 2,156 -
5300 CONTRACTUAL SERVICES 31,224 25,747 44,284 20,468 2,671 44,284 -
5400 OTHER EXPENSES 4,114 6,947 12,000 - 106 12,000 -
5700 CAPITAL OUTLAYS 33,513 49,526 13,731 9,737 17,924 13,731 -
$ 371,201 $ 391,345 $ 387,036 $ 94,641 $ 83,435 $ 387,036 $ -
$ 2,407,105 $ 2,196,917 $ 2,221,202 $ 648,530 $ 664,251 $ 2,221,202 $ -
60265 City Hall Maintenance
5100 SALARIES & BENEFITS 39,062 41,519 34,267 8,768 7,525 34,267 -
5200 SUPPLIES 10,126 11,581 13,275 1,400 2,492 13,275 -
5300 CONTRACTUAL SERVICES 178,543 183,702 230,600 27,555 38,973 230,600 -
5400 OTHER EXPENSES 191 - 500 - - 500 -
5700 CAPITAL OUTLAYS 7,164 7,495 6,900 875 3,192 6,900 -
$ 235,086 $ 244,297 $ 285,542 $ 38,598 $ 52,182 $ 285,542 $ -
$ 235,086 $ 244,297 $ 285,542 $ 38,598 $ 52,182 $ 285,542 $ -
Page 13 of 40
Annual Budget & Quarterly Budget Reforecast - General Fund
General Fund Expenditure Summary By Function
Increase
Original Budget (Decrease)
Estimate Actual to Date Actual to Date 1Q Reforecast From FY13
Actual FY2012 Actual FY2013 FY2014 9/30/13 9/30/12 FY2014 Reforecast
80400 Planning, Zoning and Economic Development
5100 SALARIES & BENEFITS 267,122 276,971 283,841 58,545 57,555 283,841 -
5200 SUPPLIES 2,759 3,228 4,000 724 403 4,000 -
5300 CONTRACTUAL SERVICES 19,914 15,171 61,770 7,554 4,040 61,770 -
5400 OTHER EXPENSES 1,272 2,418 3,000 783 675 3,000 -
5700 CAPITAL OUTLAYS 1,848 2,434 2,500 1,278 1,233 2,500 -
$ 292,915 $ 300,222 $ 355,111 $ 68,884 $ 63,906 $ 355,111 $ -
$ 292,915 $ 300,222 $ 355,111 $ 68,884 $ 63,906 $ 355,111 $ -
Total Business Value Added Activities $ 4,123,889 $ 3,943,752 $ 4,090,924 $ 1,043,349 $ 1,071,250 $ 4,090,924 $ -
As a Percent of Total General Fund
Expenditures 17.5% 17.4% 17.2% 20.8% 20.3% 16.9%
III. Fixed Budget Items
30999 Transfers To Other Funds
MAJOR STREET FUND - 250,000 - - - - -
LOCAL STREET FUND 280,000 280,000 540,000 135,000 110,000 540,000 -
ENGINEERING 75,000 - - - - - -
SIDEWALK - - - - - - -
PUBLIC IMPROVEMENT FIRE EQUIPMENT RESERVE - - - - - - -
ARENA MAINTENANCE - - - - - - -
STATE GRANTS - - - - - - -
LDFA DEBT SERVICE FUND (SMARTZONE) 100,000 160,000 160,000 40,000 - 160,000 -
GENERAL INSURANCE 28,046 28,046 28,046 7,011 7,011 28,046 -
$ 483,046 $ 718,046 $ 728,046 $ 182,011 $ 117,011 $ 728,046 $ -
30851 General Insurance 257,320 233,873 251,656 - - 251,656 -
30906 Debt Retirement 281,954 279,678 280,000 173,473 174,873 280,000 -
10891 Contingency and Bad Debt Expense 513,590 65,933 250,000 416 2,575 250,000 -
Page 14 of 40
Annual Budget & Quarterly Budget Reforecast - General Fund
General Fund Expenditure Summary By Function
Increase
Original Budget (Decrease)
Estimate Actual to Date Actual to Date 1Q Reforecast From FY13
Actual FY2012 Actual FY2013 FY2014 9/30/13 9/30/12 FY2014 Reforecast
90000 Major Capital Improvements 373,495 105,683 121,000 - 42,131 121,000
91112 CHARGEPOINT CAR CHARGING 5,037 - - - - - -
91301 MCGRAFT PARK IMPROVEMENTS - - 22,000 - - 22,000 -
91302 VETERAN'S PARK UPGRADES - - 12,000 - - 12,000 -
91303 PARKS IMPROVEMENTS: PM & BEUKEMA - - 20,000 - - 20,000 -
91304 BOARDWALK REPAIRS - - 25,000 - - 25,000 -
91116 ADA PROJECT 2011-2012 1,432 5,748 20,000 - - 20,000 -
91118 MCGRAFT PARK ROOF & RESURFACE TENNIS COU 2,087 - - - - - -
91119 CITY HALL TUCK POINTING & ROOF OVER PD 15,489 38,021 - - 38,021 - -
91120 VOIP PHONE SYSTEM 50,363 21,380 22,000 - - 22,000 -
91125 BS&A FINANCIAL MANAGEMENT SOFTWARE 154,646 2,105 - - 5 - -
91129 JEFFERSON & APPLE CITY HALL PARKING LOT 6,196 28,056 - - 3,604 - -
91206 CITY HALL HVAC CLEANING - 9,880 - - - - -
91305 CITY HALL WINDOWS - - - - - - -
91130 CITY HALL TUCK POINTING/WINDOWS 1,817 - - - - - -
99012 GIS TRAINING 4,169 - - - - - -
99148 JAG GRANT 106,135 493 - - 501 - -
99152 DOJ JAG GRANT MUSKEGON HEIGHTS 26,126 - - - - - -
Total Fixed-Budget Items $ 1,909,406 $ 1,403,213 $ 1,630,702 $ 355,900 $ 336,590 $ 1,630,702 $ -
As a Percent of Total General Fund
Expenditures 8.1% 6.2% 6.9% 7.1% 6.4% 6.8%
Total General Fund $ 23,617,448 $ 22,708,893 $ 23,775,700 $ 5,017,245 $ 5,276,204 $ 24,143,050 $ 367,350
Recap: Total General Fund By Line Item Expenditure Classification
5100 Salaries & Benefits $ 14,451,224 $ 13,635,344 $ 14,010,176 $ 2,935,394 $ 3,049,098 $ 14,010,176 $ -
5200 Operating Supplies 402,136 385,834 442,461 100,206 102,995 443,661 1,200
5300 Contractual Services 6,710,688 7,122,498 7,560,136 1,550,206 1,691,880 7,912,336 352,200
5400 Other Expenses 559,041 107,272 296,850 6,460 10,639 300,000 3,150
5700 Capital Outlays 529,359 260,221 258,031 19,495 79,708 268,831 10,800
5900 All Other Financing Uses 965,000 1,197,724 1,208,046 405,484 341,884 1,208,046 -
Total General Fund $ 23,617,448 $ 22,708,893 $ 23,775,700 $ 5,017,245 $ 5,276,204 $ 24,143,050 $ 367,350
Page 15 of 40
City of Muskegon
Annual Budget & Quarterly Budget Reforecast - Other Funds
Original Budget Actual to Date Actual to Date 1Q Reforecast Increase (Decrease)
Actual 2012 Actual 2013 Comments
Estimate FY2014 9/30/13 9/30/12 FY2014 From FY14 Original
202 Major Streets and State Trunklines Fund
Available Fund Balance - BOY $ 566,001 $ 2,507,008 $ 1,365,652 $ 2,153,684 $ 2,507,008 $ 2,153,684 $ 788,032
Means of Financing
Special assessments $ 167,342 $ 125,674 $ 120,000 $ - $ - $ 120,000 $ -
Federal & state grants 1,377,820 796,438 1,005,000 - - 1,005,000 -
State shared revenue 2,537,508 2,564,176 2,682,945 307,663 270,239 2,682,945 -
Interest income 34,829 24,246 25,000 681 2,017 25,000 -
Operating transfers in 250,000 - - - - -
Other 2,099,396 35,793 20,000 36,372 3,496 20,000 -
$ 6,216,895 $ 3,796,327 $ 3,852,945 $ 344,716 $ 275,752 $ 3,852,945 $ -
60900 Operating Expenditures
5100 Salaries & Benefits $ 518,030 $ 548,724 $ 696,909 $ 100,176 $ 88,607 $ 696,909 $ -
5200 Operating Supplies 241,072 173,777 259,200 22,872 11,853 259,200 -
5300 Contractual Services 821,383 972,191 972,415 203,462 188,384 972,415 -
5400 Other Expenses 11,295 22,340 500 - - 500 -
5700 Capital Outlays - - - - - -
5900 Other Financing Uses 25,330 232,791 231,703 207,796 205,462 231,703 - Debt service on 2011 MTF bonds
$ 1,617,110 $ 1,949,823 $ 2,160,727 $ 534,306 $ 494,306 $ 2,160,727 $ -
90000 Project Expenditures
5200 Operating Supplies $ - $ - $ - $ - $ - $ - $ -
5300 Contractual Services 2,658,778 2,199,828 2,755,000 614,407 98,730 2,755,000 -
5700 Capital Outlays - - - - - - -
$ 2,658,778 $ 2,199,828 $ 2,755,000 $ 614,407 $ 98,730 $ 2,755,000 $ -
$ 4,275,888 $ 4,149,651 $ 4,915,727 $ 1,148,713 $ 593,036 $ 4,915,727 $ -
Available Fund Balance - EOY $ 2,507,008 $ 2,153,684 $ 302,870 $ 1,349,687 $ 2,189,724 $ 1,090,902 $ 788,032
Page 16 of 40
City of Muskegon
Annual Budget & Quarterly Budget Reforecast - Other Funds
Original Budget Actual to Date Actual to Date 1Q Reforecast Increase (Decrease)
Actual 2012 Actual 2013 Comments
Estimate FY2014 9/30/13 9/30/12 FY2014 From FY14 Original
203 Local Streets Fund
Available Fund Balance - BOY $ 663,340 $ 826,851 $ 161,357 $ 422,159 $ 826,851 $ 422,159 $ 260,802
Means of Financing
Special assessments $ 109,166 $ 127,402 $ 90,000 $ - $ - $ 90,000 $ -
Federal & state grants - - - - - 32,000 32,000 CDBG Contribution
Metro act fees 140,850 143,669 140,000 - - 140,000 -
State shared revenue 639,476 644,593 640,698 65,650 58,816 640,698 -
Interest income 27,090 18,057 20,000 392 1,443 20,000 -
Operating transfers in 480,000 680,000 740,000 185,000 320,000 740,000 - From General Fund
Other 2,410 5,899 15,000 5,609 581 15,000 -
$ 1,398,992 $ 1,619,620 $ 1,645,698 $ 256,651 $ 380,840 $ 1,677,698 $ 32,000
60900 Operating Expenditures
5100 Salaries & Benefits $ 457,536 $ 417,786 $ 464,049 $ 71,005 $ 96,081 $ 464,049 $ -
5200 Operating Supplies 64,067 114,772 140,000 10,877 19,986 140,000 -
5300 Contractual Services 616,506 591,674 820,000 118,451 139,920 820,000 -
5400 Other Expenses 4,046 (140) 500 - 13 500 -
5700 Capital Outlays - - - - - - -
5900 Other Financing Uses - - - - - - -
$ 1,142,155 $ 1,124,092 $ 1,424,549 $ 200,333 $ 256,000 $ 1,424,549 $ -
90000 Project Expenditures
5200 Operating Supplies $ - $ - $ - $ - $ - $ - $ -
5300 Contractual Services 93,326 900,220 350,000 8,728 53,594 350,000 -
$ 93,326 $ 900,220 $ 350,000 $ 8,728 $ 53,594 $ 350,000 $ -
$ 1,235,481 $ 2,024,312 $ 1,774,549 $ 209,061 $ 309,594 $ 1,774,549 $ -
Available Fund Balance - EOY $ 826,851 $ 422,159 $ 32,506 $ 469,749 $ 898,097 $ 325,308 $ 292,802
Page 17 of 40
City of Muskegon
Annual Budget & Quarterly Budget Reforecast - Other Funds
Original Budget Actual to Date Actual to Date 1Q Reforecast Increase (Decrease)
Actual 2012 Actual 2013 Comments
Estimate FY2014 9/30/13 9/30/12 FY2014 From FY14 Original
257 Budget Stabilization Fund
Available Fund Balance - BOY $ 1,500,000 $ 1,500,000 $ 1,700,000 $ 1,700,000 $ 1,500,000 $ 1,700,000 $ -
Means of Financing
Special assessments $ - $ - $ - $ - $ - $ - $ -
Federal & state grants - - - - - - -
State shared revenue - - - - - - -
Charges for services - - - - - - -
Interest income - - - - - - -
Operating transfers in - General Fund - - - - - - -
Operating transfers in - TIFA Fund - - - - - - -
Operating transfers in - Insurance Fund - 200,000 - - 200,000 - -
Other - - - - - - -
$ - $ 200,000 $ - $ - $ 200,000 $ - $ -
70805 Operating Expenditures
5100 Salaries & Benefits $ - $ - $ - $ - $ - $ - $ -
5200 Operating Supplies - - - - - - -
5300 Contractual Services - - - - - - -
5400 Other Expenses - - - - - - -
5700 Capital Outlays - - - - - - -
5900 Other Financing Uses - - - - - - -
$ - $ - $ - $ - $ - $ - $ -
90000 Project Expenditures
5200 Operating Supplies $ - $ - $ - $ - $ - $ - $ -
5300 Contractual Services - - - - - - -
$ - $ - $ - $ - $ - $ - $ -
$ - $ - $ - $ - $ - $ - $ -
Available Fund Balance - EOY $ 1,500,000 $ 1,700,000 $ 1,700,000 $ 1,700,000 $ 1,700,000 $ 1,700,000 $ -
Page 18 of 40
City of Muskegon
Annual Budget & Quarterly Budget Reforecast - Other Funds
Original Budget Actual to Date Actual to Date 1Q Reforecast Increase (Decrease)
Actual 2012 Actual 2013 Comments
Estimate FY2014 9/30/13 9/30/12 FY2014 From FY14 Original
264 Criminal Forfeitures Fund
Available Fund Balance - BOY $ 140,828 $ 149,174 $ 164,719 $ 172,578 $ 149,174 $ 172,578 $ 7,859
Means of Financing
Special assessments $ - $ - $ - $ - $ - $ - $ -
Federal & state grants - - - - - - -
State shared revenue - - - - - - -
Charges for services - - - - - - -
Interest income 1,136 840 700 144 252 700 -
Operating transfers in - General Fund - - - - - - -
Operating transfers in - TIFA Fund - - - - - - -
Operating transfers in - Insurance Fund - - - - - - -
Other 11,422 24,915 18,000 2,447 14,007 18,000 -
$ 12,558 $ 25,755 $ 18,700 $ 2,591 $ 14,259 $ 18,700 $ -
70805 Operating Expenditures
5100 Salaries & Benefits $ - $ - $ - $ - $ - $ - $ -
5200 Operating Supplies - - - - - - -
5300 Contractual Services 3,933 2,286 5,000 - 8 7,500 2,500 Records area security improvements
5400 Other Expenses - - - - - - -
5700 Capital Outlays 279 65 - - - - -
5900 Other Financing Uses - - - - - 7,000 7,000 Transfer to Equipment - grant match
$ 4,212 $ 2,351 $ 5,000 $ - $ 8 $ 14,500 $ 9,500
90000 Project Expenditures
5200 Operating Supplies $ - $ - $ - $ - $ - $ - $ -
5300 Contractual Services - - 30 30 30 30 -
$ - $ - $ 30 $ 30 $ 30 $ 30 $ -
$ 4,212 $ 2,351 $ 5,030 $ 30 $ 38 $ 14,530 $ 9,500
Available Fund Balance - EOY $ 149,174 $ 172,578 $ 178,389 $ 175,139 $ 163,395 $ 176,748 $ (1,641)
Page 19 of 40
City of Muskegon
Annual Budget & Quarterly Budget Reforecast - Other Funds
Original Budget Actual to Date Actual to Date 1Q Reforecast Increase (Decrease)
Actual 2012 Actual 2013 Comments
Estimate FY2014 9/30/13 9/30/12 FY2014 From FY14 Original
285 Tree Replacement Fund
Available Fund Balance - BOY $ 5,119 $ 4,999 $ 1,049 $ 1,479 $ 4,999 $ 1,479 $ 430
Means of Financing
Special assessments $ - $ - $ - $ - $ - $ - $ -
Federal & state grants 2,000 5,000 - - - - -
State shared revenue - - - - - - -
Charges for services - - - - - - -
Interest income 37 14 50 1 8 50 -
Operating transfers in - General Fund - - - - - - -
Operating transfers in - TIFA Fund - - - - - - -
Operating transfers in - Insurance Fund - - - - - - -
Other 200 2,496 1,500 - - 1,500 -
$ 2,237 $ 7,510 $ 1,550 $ 1 $ 8 $ 1,550 $ -
70805 Operating Expenditures
5100 Salaries & Benefits $ - $ 3,659 $ - $ - $ - $ - $ -
5200 Operating Supplies 2,357 5,350 1,000 96 - 1,000 -
5300 Contractual Services - 2,021 - - - - -
5400 Other Expenses - - - - - - -
5700 Capital Outlays - - - - - - -
5900 Other Financing Uses - - - - - - -
$ 2,357 $ 11,030 $ 1,000 $ 96 $ - $ 1,000 $ -
90000 Project Expenditures
5200 Operating Supplies $ - $ - $ - $ - $ - $ - $ -
5300 Contractual Services - - - - - - -
$ - $ - $ - $ - $ - $ - $ -
$ 2,357 $ 11,030 $ 1,000 $ 96 $ - $ 1,000 $ -
Available Fund Balance - EOY $ 4,999 $ 1,479 $ 1,599 $ 1,384 $ 5,007 $ 2,029 $ 430
Page 20 of 40
City of Muskegon
Annual Budget & Quarterly Budget Reforecast - Other Funds
Original Budget Actual to Date Actual to Date 1Q Reforecast Increase (Decrease)
Actual 2012 Actual 2013 Comments
Estimate FY2014 9/30/13 9/30/12 FY2014 From FY14 Original
295 Brownfield Redevelopment Authority (Betten Project)
Available Fund Balance - BOY $ 65,349 $ (1,503,400) $ (1,513,615) $ (1,409,027) $ (1,503,400) $ (1,409,027) $ 104,588
Means of Financing
Property taxes $ 142,429 $ 156,765 $ 127,690 $ - $ - $ 127,690 $ -
Federal & state grants - - - - - - -
State shared revenue - - - - - - -
Charges for services - - - - - - -
Interest income 671 716 600 89 225 600 -
Operating transfers in - General Fund - - - - - - -
Operating transfers in - TIFA Fund - - - - - - -
Operating transfers in - Insurance Fund - - - - - - -
Other - - - - - - -
$ 143,100 $ 157,481 $ 128,290 $ 89 $ 225 $ 128,290 $ -
70805 Operating Expenditures
5100 Salaries & Benefits $ - $ - $ - $ - $ - $ - $ -
5200 Operating Supplies - - - - - - -
5300 Contractual Services 1,698,021 - - - - - -
5400 Other Expenses - - - - - - -
5700 Capital Outlays - - - - - - -
5900 Other Financing Uses 13,828 63,108 157,580 25,277 29,475 157,580 -
$ 1,711,849 $ 63,108 $ 157,580 $ 25,277 $ 29,475 $ 157,580 $ -
90000 Project Expenditures
5200 Operating Supplies $ - $ - $ - $ - $ - $ - $ -
5300 Contractual Services - - - - - - -
$ - $ - $ - $ - $ - $ - $ -
$ 1,711,849 $ 63,108 $ 157,580 $ 25,277 $ 29,475 $ 157,580 $ -
Available Fund Balance - EOY $ (1,503,400) $ (1,409,027) $ (1,542,905) $ (1,434,215) $ (1,532,650) $ (1,438,317) $ 104,588
Page 21 of 40
City of Muskegon
Annual Budget & Quarterly Budget Reforecast - Other Funds
Original Budget Actual to Date Actual to Date 1Q Reforecast Increase (Decrease)
Actual 2012 Actual 2013 Comments
Estimate FY2014 9/30/13 9/30/12 FY2014 From FY14 Original
296 Brownfield Redevelopment Authority (Mall Area Project)
Available Fund Balance - BOY $ - $ - $ - $ - $ - $ - $ -
Means of Financing
Property taxes $ - $ 42,995 $ 79,249 $ - $ - $ 79,249 $ -
Federal & state grants - - - - - - -
State shared revenue - - - - - - -
Charges for services - - - - - - -
Interest income - - - - - - -
Operating transfers in - General Fund - - - - - - -
Operating transfers in - TIFA Fund - - - - - - -
Operating transfers in - Insurance Fund - - - - - - -
Other - - - - - - -
$ - $ 42,995 $ 79,249 $ - $ - $ 79,249 $ -
70805 Operating Expenditures
5100 Salaries & Benefits $ - $ - $ - $ - $ - $ - $ -
5200 Operating Supplies - - - - - - -
5300 Contractual Services - - - - - - -
5400 Other Expenses - - - - - - -
5700 Capital Outlays - - - - - - -
5900 Other Financing Uses - 42,995 79,249 - - 79,249 -
$ - $ 42,995 $ 79,249 $ - $ - $ 79,249 $ -
90000 Project Expenditures
5200 Operating Supplies $ - $ - $ - $ - $ - $ - $ -
5300 Contractual Services - - - - - - -
$ - $ - $ - $ - $ - $ - $ -
$ - $ 42,995 $ 79,249 $ - $ - $ 79,249 $ -
Available Fund Balance - EOY $ - $ - $ - $ - $ - $ - $ -
Page 22 of 40
City of Muskegon
Annual Budget & Quarterly Budget Reforecast - Other Funds
Original Budget Actual to Date Actual to Date 1Q Reforecast Increase (Decrease)
Actual 2012 Actual 2013 Comments
Estimate FY2014 9/30/13 9/30/12 FY2014 From FY14 Original
290 Local Development Finance Authority III Fund - Edison Landing (Smartzone)
Available Fund Balance - BOY $ 21,348 $ 96,745 $ 94,556 $ 30,266 $ 96,745 $ 30,266 $ (64,290)
Means of Financing
Property taxes $ 83,420 $ 85,627 $ 137,713 $ - $ - $ 137,713 $ -
Federal & state grants - - - - - - -
State shared revenue - - - - - - -
Charges for services - - - - - - -
Interest income 3,569 150 150 34 79 150 -
Operating transfers in - General Fund 100,000 160,000 160,000 40,000 40,000 160,000 -
Other 306,196 75,000 75,000 75,000 - 75,000 - Community Foundation
$ 493,185 $ 320,777 $ 372,863 $ 115,034 $ 40,079 $ 372,863 $ -
70805 Operating Expenditures
5100 Salaries & Benefits $ - $ - $ - $ - $ - $ - $ -
5200 Operating Supplies - - - - - - -
5300 Contractual Services 250 - 500 - - 500 -
5400 Other Expenses - - - - - - -
5700 Capital Outlays - - - - - - -
5900 Other Financing Uses 417,538 387,256 385,300 - - 385,300 -
$ 417,788 $ 387,256 $ 385,800 $ - $ - $ 385,800 $ -
90000 Project Expenditures
5200 Operating Supplies $ - $ - $ - $ - $ - $ - $ -
5300 Contractual Services - - - - - - -
$ - $ - $ - $ - $ - $ - $ -
$ 417,788 $ 387,256 $ 385,800 $ - $ - $ 385,800 $ -
Available Fund Balance - EOY $ 96,745 $ 30,266 $ 81,619 $ 145,300 $ 136,824 $ 17,329 $ (64,290)
Page 23 of 40
City of Muskegon
Annual Budget & Quarterly Budget Reforecast - Other Funds
Original Budget Actual to Date Actual to Date 1Q Reforecast Increase (Decrease)
Actual 2012 Actual 2013 Comments
Estimate FY2014 9/30/13 9/30/12 FY2014 From FY14 Original
305 Tax Increment Finance Authority Fund
Available Fund Balance - BOY $ 16,445 $ 19,639 $ 14,278 $ 14,163 $ 19,639 $ 14,163 $ (115)
Means of Financing
Property taxes $ 53,057 $ 44,439 $ 36,612 $ - $ - $ 36,612 $ -
Federal & state grants - - - - - - -
State shared revenue - - - - - - -
Charges for services - - - - - - -
Interest income 137 85 200 9 27 200 -
Operating transfers in - General Fund - - - - - - -
Operating transfers in - TIFA Fund - - - - - - -
Operating transfers in - Insurance Fund - - - - - - -
Other - - - - - - -
$ 53,194 $ 44,524 $ 36,812 $ 9 $ 27 $ 36,812 $ -
70805 Operating Expenditures
5100 Salaries & Benefits $ - $ - $ - $ - $ - $ - $ -
5200 Operating Supplies - - - - - - -
5300 Contractual Services - - - - - - -
5400 Other Expenses - - - - - - -
5700 Capital Outlays - - - - - - -
5900 Other Financing Uses 50,000 50,000 50,000 12,500 12,500 50,000 -
$ 50,000 $ 50,000 $ 50,000 $ 12,500 $ 12,500 $ 50,000 $ -
90000 Project Expenditures
5200 Operating Supplies $ - $ - $ - $ - $ - $ - $ -
5300 Contractual Services - - - - - - -
$ - $ - $ - $ - $ - $ - $ -
$ 50,000 $ 50,000 $ 50,000 $ 12,500 $ 12,500 $ 50,000 $ -
Available Fund Balance - EOY $ 19,639 $ 14,163 $ 1,090 $ 1,672 $ 7,166 $ 975 $ (115)
Page 24 of 40
City of Muskegon
Annual Budget & Quarterly Budget Reforecast - Other Funds
Original Budget Actual to Date Actual to Date 1Q Reforecast Increase (Decrease)
Actual 2012 Actual 2013 Comments
Estimate FY2014 9/30/13 9/30/12 FY2014 From FY14 Original
394 Downtown Development Authority Fund
Available Fund Balance - BOY $ 272,145 $ 186,771 $ 166,941 $ 167,477 $ 186,771 $ 167,477 $ 536
Means of Financing
Property taxes $ 305,797 $ 313,432 $ 292,531 $ - $ - $ 292,531 $ -
Federal & state grants - - - - - - -
State proposal A reimbursement revenue - - - - - - -
Charges for services - - - - - - -
Interest income 2,477 1,435 1,150 140 410 1,150 -
Operating transfers in - General Fund - - - - - - -
Operating transfers in - PIF - - - - - - -
Operating transfers in - Insurance Fund - - - - - - -
Other - - - - - - -
$ 308,274 $ 314,867 $ 293,681 $ 140 $ 410 $ 293,681 $ -
70805 Operating Expenditures
5100 Salaries & Benefits $ - $ - $ - $ - $ - $ - $ -
5200 Operating Supplies - - - - - - -
5300 Contractual Services - - 250 - - 250 -
5400 Other Expenses - - - - - - -
5700 Capital Outlays - - - - - - -
5900 Other Financing Uses 393,648 334,161 332,288 (1,130) 593 332,288 -
$ 393,648 $ 334,161 $ 332,538 $ (1,130) $ 593 $ 332,538 $ -
90000 Project Expenditures
5200 Operating Supplies $ - $ - $ - $ - $ - $ - $ -
5300 Contractual Services - - - - - - -
$ - $ - $ - $ - $ - $ - $ -
$ 393,648 $ 334,161 $ 332,538 $ (1,130) $ 593 $ 332,538 $ -
Available Fund Balance - EOY $ 186,771 $ 167,477 $ 128,084 $ 168,747 $ 186,588 $ 128,620 $ 536
Page 25 of 40
City of Muskegon
Annual Budget & Quarterly Budget Reforecast - Other Funds
Original Budget Actual to Date Actual to Date 1Q Reforecast Increase (Decrease)
Actual 2012 Actual 2013 Comments
Estimate FY2014 9/30/13 9/30/12 FY2014 From FY14 Original
408 Arena Improvement Fund
Available Fund Balance - BOY $ 779 $ 23,779 $ 6,479 $ 4,867 $ 23,779 $ 4,867 $ (1,612)
Means of Financing
Special assessments $ - $ - $ - $ - $ - $ - $ -
Federal & state grants - - - - - - -
State shared revenue - - - - - - -
Charges for services 22,885 8,165 14,000 - - 14,000 -
Interest income 115 97 200 4 36 200 -
Operating transfers in - - - - - - -
Other 23,400 - - - - - -
$ 46,400 $ 8,262 $ 14,200 $ 4 $ 36 $ 14,200 $ -
30906 Operating Expenditures
5100 Salaries & Benefits $ - $ - $ - $ - $ - $ - $ -
5200 Operating Supplies - - -
5300 Contractual Services - - 5,000 - - 5,000 -
5400 Other Expenses - - - - - - -
5700 Capital Outlays 23,400 27,174 - - 4,004 - -
5900 Other Financing Uses - - - - - - -
$ 23,400 $ 27,174 $ 5,000 $ - $ 4,004 $ 5,000 $ -
90000 Project Expenditures
5200 Operating Supplies $ - $ - $ - $ - $ - $ - $ -
5300 Contractual Services - - - - - - -
5400 Other Expenses - - - - - - -
5900 Other Financing Uses - - - - - - -
$ - $ - $ - $ - $ - $ - $ -
$ 23,400 $ 27,174 $ 5,000 $ - $ 4,004 $ 5,000 $ -
Available Fund Balance - EOY $ 23,779 $ 4,867 $ 15,679 $ 4,871 $ 19,811 $ 14,067 $ (1,612)
Page 26 of 40
City of Muskegon
Annual Budget & Quarterly Budget Reforecast - Other Funds
Original Budget Actual to Date Actual to Date 1Q Reforecast Increase (Decrease)
Actual 2012 Actual 2013 Comments
Estimate FY2014 9/30/13 9/30/12 FY2014 From FY14 Original
403 Sidewalk Improvement Fund
Available Fund Balance - BOY $ 665,541 $ 575,774 $ 468,965 $ 469,488 $ 575,774 $ 469,488 $ 523
Means of Financing
Special assessments $ 55,668 $ 39,349 $ 35,000 $ - $ - $ 35,000 $ -
Federal & state grants - - - - - - -
State shared revenue - - - - - - -
Charges for services - - - - - - -
Interest income 11,581 6,681 6,000 393 1,012 6,000 -
Operating transfers in - - - - - - -
Other - - - - - - -
$ 67,249 $ 46,030 $ 41,000 $ 393 $ 1,012 $ 41,000 $ -
30906 Operating Expenditures
5100 Salaries & Benefits $ - $ - $ - $ - $ - $ - $ -
5200 Operating Supplies - - - - - - -
5300 Contractual Services - - - - - - -
5400 Other Expenses - - - - - - -
5700 Capital Outlays - - - - - - -
5900 Other Financing Uses 151,705 152,080 152,140 - - 152,140 - Debt service on 2003 sidewalk bonds
$ 151,705 $ 152,080 $ 152,140 $ - $ - $ 152,140 $ -
90000 Project Expenditures
5200 Operating Supplies $ - $ - $ - $ - $ - $ - $ -
5300 Contractual Services 5,311 236 - - - - -
5400 Other Expenses - - - - -
5900 Other Financing Uses - - - - - - -
$ 5,311 $ 236 $ - $ - $ - $ - $ -
$ 157,016 $ 152,316 $ 152,140 $ - $ - $ 152,140 $ -
Available Fund Balance - EOY $ 575,774 $ 469,488 $ 357,825 $ 469,881 $ 576,786 $ 358,348 $ 523
Page 27 of 40
City of Muskegon
Annual Budget & Quarterly Budget Reforecast - Other Funds
Original Budget Actual to Date Actual to Date 1Q Reforecast Increase (Decrease)
Actual 2012 Actual 2013 Comments
Estimate FY2014 9/30/13 9/30/12 FY2014 From FY14 Original
404 Public Improvement Fund
Available Fund Balance - BOY $ 551,506 $ 559,637 $ 709,558 $ 677,857 $ 559,637 $ 677,857 $ (31,701)
Means of Financing
Special assessments $ - $ - $ - $ - $ - $ - $ -
Property taxes - - - - - - -
Federal & state grants - - - - - - -
Charges for services 40,416 - - - - - -
Sales of property 21,090 1 5,000 - 16 5,000 -
Interest income 5,700 3,554 7,500 822 1,145 7,500 -
Operating transfers in - - - - - - -
MMRMA dividend earmarked for fire
Other 37,659 320,409 200,000 - - 200,000 -
equipment replacement
$ 104,865 $ 323,964 $ 212,500 $ 822 $ 1,161 $ 212,500 $ -
30936 Operating Expenditures
5100 Salaries & Benefits $ - $ - $ - $ - $ - $ - $ -
5200 Operating Supplies - - - - - - -
5300 Contractual Services - - 5,000 - - 5,000 -
5400 Other Expenses - - - - - - -
5700 Capital Outlays 45,499 - - - - - -
5900 Other Financing Uses - - - - -
$ 45,499 $ - $ 5,000 $ - $ - $ 5,000 $ -
90000 Project Expenditures
5200 Operating Supplies $ - $ - $ - $ - $ - $ - $ -
5300 Contractual Services 51,235 - - - - - -
5400 Other Expenses - - - - - - -
5700 Capital Outlays - 205,744 550,000 (2,741) 1,715 550,000 -
$ 51,235 $ 205,744 $ 550,000 $ (2,741) $ 1,715 $ 550,000 $ -
$ 96,734 $ 205,744 $ 555,000 $ (2,741) $ 1,715 $ 555,000 $ -
Available Fund Balance - EOY $ 559,637 $ 677,857 $ 367,058 $ 681,420 $ 559,083 $ 335,357 $ (31,701)
Page 28 of 40
City of Muskegon
Annual Budget & Quarterly Budget Reforecast - Other Funds
Original Budget Actual to Date Actual to Date 1Q Reforecast Increase (Decrease)
Actual 2012 Actual 2013 Comments
Estimate FY2014 9/30/13 9/30/12 FY2014 From FY14 Original
482 State Grants Fund
Available Fund Balance - BOY $ 237,439 $ 147,766 $ 127,550 $ 126,257 $ 147,766 $ 126,257 $ (1,293)
Means of Financing
Special assessments $ - $ - $ - $ - $ - $ - $ -
Federal & state grants 121,630 49,875 381,000 - - 506,000 125,000 Trail, blight elimination grant, EPA
Sales of Property - - - - - - -
Interest income 9,250 1,708 2,500 - - 2,500 -
Operating transfers in - - - - - - -
Contribution from schools for blight
Other - - 30,000 - - 30,000 -
grant
$ 130,880 $ 51,583 $ 413,500 $ - $ - $ 538,500 $ 125,000
30936 Operating Expenditures
5100 Salaries & Benefits $ - $ - $ - $ - $ - $ - $ -
5200 Operating Supplies - - - - - - -
5300 Contractual Services - - - - - - -
5400 Other Expenses - - - - - - -
5700 Capital Outlays 120,505 - - - - - -
5900 Other Financing Uses 100,048 - - - - - -
$ 220,553 $ - $ - $ - $ - $ - $ -
90000 Project Expenditures
5200 Operating Supplies $ - $ - $ - $ - $ - $ - $ -
5300 Contractual Services - 73,092 23,216 12,313 250 23,216 - Brownfield loan repayment
5700 Capital Outlays - - 411,000 - - 506,000 95,000 Trail, blight elimination grant, EPA
$ - $ 73,092 $ 434,216 $ 12,313 $ 250 $ 529,216 $ 95,000
$ 220,553 $ 73,092 $ 434,216 $ 12,313 $ 250 $ 529,216 $ 95,000
Available Fund Balance - EOY $ 147,766 $ 126,257 $ 106,834 $ 113,944 $ 147,516 $ 135,541 $ 28,707
Page 29 of 40
City of Muskegon
Annual Budget & Quarterly Budget Reforecast - Other Funds
Original Budget Actual to Date Actual to Date 1Q Reforecast Increase (Decrease)
Actual 2012 Actual 2013 Comments
Estimate FY2014 9/30/13 9/30/12 FY2014 From FY14 Original
594 Marina & Launch Ramp Fund
Available Cash Balance - BOY $ 243,852 $ 263,362 $ 232,436 $ 206,007 $ 263,362 $ 206,007 $ (26,429)
Means of Financing
Special assessments $ - $ - $ - $ - $ - $ - $ -
Federal & state grants - 88,046 175,000 - - 210,000 35,000
State shared revenue - - - - - - -
Charges for services 198,418 220,853 180,000 43,883 50,969 180,000 -
Interest income 1,949 1,383 800 195 440 800 -
Operating transfers in - - - - - - -
Other 9,952 13,377 4,000 5,580 2,950 4,000 -
$ 210,319 $ 323,659 $ 359,800 $ 49,658 $ 54,359 $ 394,800 $ 35,000
70756 Operating Expenditures - Marina
5100 Salaries & Benefits $ 17,276 $ 27,517 $ 26,812 $ 5,238 $ 6,423 $ 26,812 $ -
5200 Operating Supplies 9,912 7,010 7,600 1,795 1,475 7,600 -
5300 Contractual Services 155,456 169,707 118,415 48,889 60,872 118,415 -
5400 Other Expenses 260 89 200 - - 200 -
5700 Capital Outlays 5,806 1,709 17,500 - 527 17,500 -
5900 Other Financing Uses 47 - - - - - -
Other Cash Uses (e.g. Debt Principal) - 70,590 - - - - -
$ 188,757 $ 276,622 $ 170,527 $ 55,922 $ 69,297 $ 170,527 $ -
70759 Operating Expenditures - Ramps
5100 Salaries & Benefits $ - $ 186 $ 1,000 $ - $ 186 $ 1,000 $ -
5200 Operating Supplies 90 946 1,000 - 773 1,000 -
5300 Contractual Services 11,371 6,808 10,500 4,955 3,241 10,500 -
5400 Other Expenses - - - - - - -
5700 Capital Outlays - - - - - - -
5900 Other Financing Uses - - - - - - -
Other Cash Uses (e.g. Debt Principal) (9,409) - - - - - -
$ 2,052 $ 7,940 $ 12,500 $ 4,955 $ 4,200 $ 12,500 $ -
90000 Project Expenditures
5200 Operating Supplies $ - $ - $ - $ - $ - $ - $ -
5300 Contractual Services - 96,452 175,000 - - 210,000 35,000
5700 Capital Outlays - - - - - - -
$ - $ 96,452 $ 175,000 $ - $ - $ 210,000 $ 35,000
$ 190,809 $ 381,014 $ 358,027 $ 60,877 $ 73,497 $ 393,027 $ 35,000
Available Cash Balance - EOY $ 263,362 $ 206,007 $ 234,209 $ 194,788 $ 244,224 $ 207,780 $ (26,429)
Page 30 of 40
City of Muskegon
Annual Budget & Quarterly Budget Reforecast - Other Funds
Original Budget Actual to Date Actual to Date 1Q Reforecast Increase (Decrease)
Actual 2012 Actual 2013 Comments
Estimate FY2014 9/30/13 9/30/12 FY2014 From FY14 Original
661 Equipment Fund
Available Cash Balance - BOY $ 2,880,251 $ 1,819,863 $ 1,546,209 $ 1,821,689 $ 1,819,863 $ 1,821,689 $ 275,480
Means of Financing
Special assessments $ - $ - $ - $ - $ - $ - $ -
Federal & state grants - - - - - 84,000 84,000 Law enforcement grant - radios
State shared revenue - - - - - - -
Charges for services 2,033,929 2,171,472 2,100,000 447,028 455,204 2,100,000 -
Interest income 20,707 27,585 27,500 9,891 12,036 27,500 -
Operating transfers in - - - - - 7,000 7,000 Grant match from criminal forfeitures
Other 82,380 87,613 100,000 21,132 7,591 100,000 -
$ 2,137,016 $ 2,286,670 $ 2,227,500 $ 478,051 $ 474,831 $ 2,318,500 $ 91,000
60932 Operating Expenditures
5100 Salaries & Benefits $ 445,560 $ 417,357 $ 421,002 $ 89,442 $ 89,118 $ 421,002 $ -
5200 Operating Supplies 806,413 855,383 899,700 221,689 178,926 899,700 -
5300 Contractual Services 733,902 775,120 767,748 163,687 169,349 767,748 -
5400 Other Expenses 855 828 2,000 185 86 2,000 -
5700 Capital Outlays 577,576 421,622 1,134,000 523,879 49,253 1,607,500 473,500
5900 Other Financing Uses - - - - - - -
Other Cash Uses (e.g. Debt Principal) 79,765 (185,466) - - - - -
$ 2,644,071 $ 2,284,844 $ 3,224,450 $ 998,882 $ 486,732 $ 3,697,950 $ 473,500
90000 Project Expenditures
5200 Operating Supplies $ 553,333 $ - $ - $ - $ - $ - $ -
5300 Contractual Services - - - - - - -
5700 Capital Outlays - - - - - - -
$ 553,333 $ - $ - $ - $ - $ - $ -
$ 3,197,404 $ 2,284,844 $ 3,224,450 $ 998,882 $ 486,732 $ 3,697,950 $ 473,500
Available Cash Balance - EOY $ 1,819,863 $ 1,821,689 $ 549,259 $ 1,300,858 $ 1,807,962 $ 442,239 $ (107,020)
Page 31 of 40
City of Muskegon
Annual Budget & Quarterly Budget Reforecast - Other Funds
Original Budget Actual to Date Actual to Date 1Q Reforecast Increase (Decrease)
Actual 2012 Actual 2013 Comments
Estimate FY2014 9/30/13 9/30/12 FY2014 From FY14 Original
642 Public Service Building Fund
Available Cash Balance - BOY $ 268,058 $ 383,301 $ 428,846 $ 435,245 $ 383,301 $ 435,245 $ 6,399
Means of Financing
Special assessments $ - $ - $ - $ - $ - $ - $ -
Federal & state grants - - - - - - -
State shared revenue - - - - - - -
Charges for services 969,342 1,085,289 1,087,448 271,322 271,322 1,087,448 -
Interest income 2,571 2,201 6,000 373 675 6,000 -
Operating transfers in - - - - - - -
Other - 210 - - - - -
$ 971,913 $ 1,087,700 $ 1,093,448 $ 271,695 $ 271,997 $ 1,093,448 $ -
60442 Operating Expenditures
5100 Salaries & Benefits $ 571,707 $ 586,104 $ 595,176 $ 128,012 $ 112,916 $ 595,176 $ -
5200 Operating Supplies 16,353 18,315 16,650 5,033 5,164 16,650 -
5300 Contractual Services 218,170 296,295 302,480 51,135 59,072 302,480 -
5400 Other Expenses 9,785 691 750 - - 750 -
5700 Capital Outlays 14,068 10,389 22,300 17,158 1,856 22,300 -
5900 Other Financing Uses - - - - - - -
Other Cash Uses and Adjustments (e.g.
26,587 2,896 - - - - -
Debt Principal)
$ 856,670 $ 914,690 $ 937,356 $ 201,338 $ 179,008 $ 937,356 $ -
90000 Project Expenditures
5200 Operating Supplies $ - $ - $ - $ - $ - $ - $ -
5300 Contractual Services - 121,066 50,000 15,025 - 50,000 -
5700 Capital Outlays - - - - - - -
$ - $ 121,066 $ 50,000 $ 15,025 $ - $ 50,000 $ -
$ 856,670 $ 1,035,756 $ 987,356 $ 216,363 $ 179,008 $ 987,356 $ -
Available Cash Balance - EOY $ 383,301 $ 435,245 $ 534,938 $ 490,577 $ 476,290 $ 541,337 $ 6,399
Page 32 of 40
City of Muskegon
Annual Budget & Quarterly Budget Reforecast - Other Funds
Original Budget Actual to Date Actual to Date 1Q Reforecast Increase (Decrease)
Actual 2012 Actual 2013 Comments
Estimate FY2014 9/30/13 9/30/12 FY2014 From FY14 Original
643 Engineering Services Fund
Available Cash Balance - BOY $ (93,420) $ 53,417 $ 102,181 $ 123,887 $ 53,417 $ 123,887 $ 21,706
Means of Financing
Special assessments $ - $ - $ - $ - $ - $ - $ -
Federal & state grants - - - - - - -
State shared revenue - - - - - - -
Charges for services 428,481 451,922 437,000 46,399 194,027 400,000 (37,000)
Interest income 4 564 500 91 123 500 -
Operating transfers in - - - - - - -
Other 105,783 72,362 80,000 2,808 68,732 80,000 -
$ 534,268 $ 524,848 $ 517,500 $ 49,298 $ 262,882 $ 480,500 $ (37,000)
60447 Operating Expenditures
5100 Salaries & Benefits $ 307,740 $ 320,345 $ 324,088 $ 71,758 $ 70,878 $ 324,088 $ -
5200 Operating Supplies 5,842 7,713 9,730 861 2,124 9,730 -
5300 Contractual Services 123,597 99,008 99,613 20,627 23,133 99,613 -
5400 Other Expenses - 1,636 1,000 - - 1,000 -
5700 Capital Outlays 5,455 5,432 11,200 4,435 1,034 11,200 -
5900 Other Financing Uses - - - - - - -
Other Cash Uses and Adjustments (e.g.
(55,203) 13,297 - - - - -
Debt Principal)
$ 387,431 $ 447,431 $ 445,631 $ 97,681 $ 97,169 $ 445,631 $ -
90000 Project Expenditures
5200 Operating Supplies $ - $ - $ - $ - $ - $ - $ -
5300 Contractual Services - 6,947 10,000 12,429 860 10,000 -
5700 Capital Outlays - - - - - - -
$ - $ 6,947 $ 10,000 $ 12,429 $ 860 $ 10,000 $ -
$ 387,431 $ 454,378 $ 455,631 $ 110,110 $ 98,029 $ 455,631 $ -
Available Cash Balance - EOY $ 53,417 $ 123,887 $ 164,050 $ 63,075 $ 218,270 $ 148,756 $ (15,294)
Page 33 of 40
City of Muskegon
Annual Budget & Quarterly Budget Reforecast - Other Funds
Original Budget Actual to Date Actual to Date 1Q Reforecast Increase (Decrease)
Actual 2012 Actual 2013 Comments
Estimate FY2014 9/30/13 9/30/12 FY2014 From FY14 Original
677 General Insurance Fund
Available Cash Balance - BOY $ 1,420,174 $ 1,933,642 $ 1,915,067 $ 880,314 $ 1,933,642 $ 880,314 $ (1,034,753)
Means of Financing
Special assessments $ - $ - $ - $ - $ - $ - $ -
Federal & state grants - - - - - - -
State shared revenue - - - - - - -
Charges for services 3,608,788 3,021,299 3,250,000 812,273 657,264 3,250,000 -
Interest income 10,395 23,989 20,000 8,990 10,974 20,000 -
Retireee Health Reimbursement 902,938 798,600 750,000 134,254 151,270 750,000 -
MMRMA dividend payment - - - - - - -
Operating transfers in 28,046 28,046 28,046 7,011 7,011 28,046 -
Other - - - - - - -
$ 4,550,167 $ 3,871,934 $ 4,048,046 $ 962,528 $ 826,519 $ 4,048,046 $ -
30851 Operating Expenditures
5100 Salaries & Benefits $ 32,969 $ 32,185 $ 32,178 $ 7,119 $ 6,715 $ 32,178 $ -
5200 Operating Supplies - 540 200 - - 200 -
5300 Contractual Services 4,277,725 4,029,298 4,000,000 886,030 803,839 4,000,000 -
5400 Other Expenses - 490 1,000 - 200 1,000 -
5700 Capital Outlays - 3,310 2,000 395 430 2,000 -
5900 Other Financing Uses 81,096 600,000 - - 600,000 - -
Other Cash Uses and Adjustments (e.g.
(908,424) 259,439 - - - - -
Debt Principal)
$ 3,483,366 $ 4,925,262 $ 4,035,378 $ 893,544 $ 1,411,184 $ 4,035,378 $ -
90000 Project Expenditures
5200 Operating Supplies $ 553,333 $ - $ - $ - $ - $ - $ -
5300 Contractual Services - - - - - - -
5700 Capital Outlays - - - - - - -
$ 553,333 $ - $ - $ - $ - $ - $ -
$ 4,036,699 $ 4,925,262 $ 4,035,378 $ 893,544 $ 1,411,184 $ 4,035,378 $ -
Available Cash Balance - EOY $ 1,933,642 $ 880,314 $ 1,927,735 $ 949,298 $ 1,348,977 $ 892,982 $ (1,034,753)
Page 34 of 40
City of Muskegon
Annual Budget & Quarterly Budget Reforecast - Other Funds
Original Budget Actual to Date Actual to Date 1Q Reforecast Increase (Decrease)
Actual 2012 Actual 2013 Comments
Estimate FY2014 9/30/13 9/30/12 FY2014 From FY14 Original
590 Sewer Fund
Available Cash Balance - BOY $ 3,320,219 $ 3,701,462 $ 3,655,685 $ 4,158,969 $ 3,701,462 $ 4,158,969 $ 503,284
Means of Financing
Special assessments $ - $ - $ - $ - $ - $ - $ -
Federal & state grants - - 10,000 - - 144,000 134,000
State shared revenue - - - - - - -
Charges for services 6,308,525 7,044,257 6,562,851 1,473,382 1,570,857 6,562,851 -
Interest income 25,008 20,783 17,500 3,438 6,266 17,500 -
Repayment of DDA advance - - - - - - -
Operating transfers in - - - - - - -
Other 147,109 27,335 150,000 5,224 6,617 150,000 -
$ 6,480,642 $ 7,092,375 $ 6,740,351 $ 1,482,044 $ 1,583,740 $ 6,874,351 $ 134,000
30548 Operating Expenditures Administration
5100 Salaries & Benefits $ - $ - $ - $ - $ - $ - $ -
5200 Operating Supplies - - - - - - -
5300 Contractual Services 333,856 304,916 288,957 56,621 60,332 288,957 -
5400 Other Expenses 19,221 13,278 12,000 8,678 4,581 12,000 -
5700 Capital Outlays - - - - - - -
5900 Other Financing Uses - - - - - - -
Other Cash Uses and Adjustments (e.g.
(3,965) (179,300) - - - - -
Debt Principal)
$ 349,112 $ 138,894 $ 300,957 $ 65,299 $ 64,913 $ 300,957 $ -
60559 Operating Expenditures Maintenance
5100 Salaries & Benefits $ 481,291 $ 511,494 $ 657,360 $ 121,798 $ 123,128 $ 657,360 $ -
5200 Operating Supplies 26,203 45,803 47,440 9,179 8,054 47,440 -
5300 Contractual Services 4,897,216 418,548 426,654 100,706 110,418 426,654 -
5400 Other Expenses - - 2,000 - - 2,000 -
5700 Capital Outlays 986 6,780 16,000 2,747 3,443 16,000 -
5900 Other Financing Uses - - - - - - -
$ 5,405,696 $ 982,625 $ 1,149,454 $ 234,430 $ 245,043 $ 1,149,454 $ -
60557 Operating Expenditures Treatment
5100 Salaries & Benefits $ - $ - $ - $ - $ - $ - $ -
5200 Operating Supplies - - - - - - -
5300 Contractual Services - 5,286,893 5,200,000 463,651 1,085,190 5,200,000 -
5400 Other Expenses - - - - - - -
5700 Capital Outlays - - - - - - -
5900 Other Financing Uses - - - - - - -
$ - $ 5,286,893 $ 5,200,000 $ 463,651 $ 1,085,190 $ 5,200,000 $ -
90000 Project Expenditures
5200 Operating Supplies $ - $ - $ - $ - $ - $ - $ -
5300 Contractual Services 344,591 226,456 760,000 32,415 12,431 870,000 110,000
5700 Capital Outlays - - - - - - -
$ 344,591 $ 226,456 $ 760,000 $ 32,415 $ 12,431 $ 870,000 $ 110,000
$ 6,099,399 $ 6,634,868 $ 7,410,411 $ 795,795 $ 1,407,577 $ 7,520,411 $ 110,000
Available Cash Balance - EOY $ 3,701,462 $ 4,158,969 $ 2,985,625 $ 4,845,218 $ 3,877,625 $ 3,512,909 $ 527,284
Page 35 of 40
City of Muskegon
Annual Budget & Quarterly Budget Reforecast - Other Funds
Original Budget Actual to Date Actual to Date 1Q Reforecast Increase (Decrease)
Actual 2012 Actual 2013 Comments
Estimate FY2014 9/30/13 9/30/12 FY2014 From FY14 Original
591 Water Fund
Available Cash Balance - BOY $ 3,585,169 $ 2,782,590 $ 2,397,782 $ 2,303,174 $ 2,782,590 $ 2,303,174 $ (94,608)
Means of Financing
Special assessments $ - $ - $ - $ - $ - $ - $ -
Federal & state grants - 6,188 7,000 - 5,403 7,000 -
State shared revenue - - - - - - -
Charges for services - City 2,903,177 3,240,046 3,582,746 870,001 941,828 3,582,746 - 10% rate increase effective 10/1/13
Charges for services - Wholesale 1,870,053 2,132,729 2,389,553 611,520 682,047 2,389,553 -
Maintenance services - Township 177,450 166,225 170,000 18,332 20,181 170,000 -
Interest income 19,625 10,982 20,000 1,575 3,732 20,000 -
Lease of facilities 156,478 202,460 173,000 46,778 38,088 173,000 -
Repayment of DDA advance - - - - - - -
Operating transfers in - - - - - - -
Other 127,312 167,861 125,000 48,200 49,286 125,000 -
$ 5,254,095 $ 5,926,491 $ 6,467,299 $ 1,596,406 $ 1,740,565 $ 6,467,299 $ -
30548 Operating Expenditures Administration
5100 Salaries & Benefits $ - $ - $ - $ - $ - $ - $ -
5200 Operating Supplies - - - - - - -
5300 Contractual Services 537,845 555,273 517,549 108,930 116,733 517,549 -
5400 Other Expenses 17,683 18,607 17,000 5,842 3,173 17,000 -
5700 Capital Outlays - - - - - - -
5900 Other Financing Uses 410,187 349,535 352,635 96,604 102,491 352,635 - Water System Bond Interest
Other Cash Uses and Adjustments (e.g.
1,507,904 1,053,438 1,295,000 - - 1,295,000 - Water System Bond Principal
Debt Principal)
$ 2,473,619 $ 1,976,853 $ 2,182,184 $ 211,376 $ 222,397 $ 2,182,184 $ -
60559 Operating Expenditures Maintenance
5100 Salaries & Benefits $ 795,793 $ 864,872 $ 782,058 $ 194,945 $ 180,849 $ 782,058 $ -
5200 Operating Supplies 228,357 184,091 212,027 69,722 75,563 212,027 -
5300 Contractual Services 340,925 391,921 321,806 103,418 83,760 321,806 -
5400 Other Expenses 43,297 83,511 57,830 21,940 8,544 57,830 -
5700 Capital Outlays 5,714 16,599 16,000 131 13,542 16,000 -
5900 Other Financing Uses - - - - - - -
$ 1,414,086 $ 1,540,994 $ 1,389,721 $ 390,156 $ 362,258 $ 1,389,721 $ -
60558 Operating Expenditures Filtration
5100 Salaries & Benefits $ 633,066 $ 668,538 $ 716,980 $ 141,153 $ 153,306 $ 716,980 $ -
5200 Operating Supplies 228,723 242,374 290,000 40,307 50,055 290,000 -
5300 Contractual Services 477,313 530,021 567,536 76,595 101,094 567,536 -
5400 Other Expenses 2,469 3,650 3,500 750 790 3,500 -
5700 Capital Outlays 55,988 84,549 47,500 1,411 10,033 47,500 -
5900 Other Financing Uses - - - - - - -
Replacement Reserve - DWRF - - - - - - -
$ 1,397,559 $ 1,529,132 $ 1,625,516 $ 260,216 $ 315,278 $ 1,625,516 $ -
90000 Project Expenditures
5200 Operating Supplies $ - $ - $ - $ - $ - $ - $ -
5300 Contractual Services 771,410 1,358,928 725,000 32,097 771,848 725,000 -
5700 Capital Outlays - - - - - - -
$ 771,410 $ 1,358,928 $ 725,000 $ 32,097 $ 771,848 $ 725,000 $ -
$ 6,056,674 $ 6,405,907 $ 5,922,421 $ 893,845 $ 1,671,781 $ 5,922,421 $ -
Available Cash Balance - EOY $ 2,782,590 $ 2,303,174 $ 2,942,660 $ 3,005,735 $ 2,851,374 $ 2,848,052 $ (94,608)
Page 36 of 40
City of Muskegon
Quarterly Budget Reforecast and 2013-14 Proposed Budget
2013-14 Budgeted 2013-14 Budgeted 2013-14 2013-14
Projects (Including Projects (Including Estimated Estimated
Grant
Responsibility Carryover Amounts Carryover Amounts Project Grant Project Grant Comments
Year
From Prior FY) From Prior FY) 1Q Revenue Revenue 1Q
Original Reforecast Original Reforecast
BUDGETED MAJOR CAPITAL PROJECTS
101 General Fund
VOIP Phone System Maurer $ 22,000 $ 22,000 $ - $ - Year 2 of 5 annual payments, 0% interest
Mc Graft Park Improvements Al-Shatel 22,000 22,000 22,000 22,000 FY14 Contribution from McGraft Trust
Capital Improvements - PM & Beukema Parks Al-Shatel 20,000 20,000 Roofs & other major repairs
Boardwalk Repairs Al-Shatel 25,000 25,000 Primarily at Kruse Park
ADA Compliance, Various Locations Al-Shatel 20,000 20,000 - - Federal agreement
Veteran's Park Upgrades Al-Shatel 12,000 12,000 - - City's share
121,000 121,000 22,000 22,000
202 Major Streets
Laketon, Park to Peck Al-Shatel 1,175,000 1,175,000 704,000 704,000 FY14 Design in FY13; Construction FY14; STP Funds
State Projects - Required Payments Al-Shatel 30,000 30,000 Various projects
Laketon, Wood to Getty Al-Shatel 275,000 275,000 - Reconstruct - concrete with STP Funds
Sherman, Estes to Glenside Al-Shatel 1,050,000 1,050,000 301,000 301,000 FY14 Changed to design only in FY13
Southern Avenue, 5th to Sanford Al-Shatel 225,000 225,000 - - Design Only in FY13
2,755,000 2,755,000 1,005,000 1,005,000
203 Local Streets
Merrill, Fifth to First/Third Al-Shatel 150,000 150,000 - 32,000 Resurface as part of sewer replacement
Palmer, McGraft to Southern (850') Al-Shatel 200,000 200,000 - - Reconstruct
350,000 350,000 - 32,000
404 Public Improvement Fund
New Fire Truck Lewis 550,000 550,000 - - Replaces Engine 22
550,000 550,000 - -
408 Arena Improvement Fund
Page 37 of 40
City of Muskegon
Quarterly Budget Reforecast and 2013-14 Proposed Budget
2013-14 Budgeted 2013-14 Budgeted 2013-14 2013-14
Projects (Including Projects (Including Estimated Estimated
Grant
Responsibility Carryover Amounts Carryover Amounts Project Grant Project Grant Comments
Year
From Prior FY) From Prior FY) 1Q Revenue Revenue 1Q
Original Reforecast Original Reforecast
BUDGETED MAJOR CAPITAL PROJECTS
- - - -
- - - -
482 State Grants Fund
EPA Grant Brubaker-Clarke 26,500 26,500 26,500 26,500
Blight Elimination Grant Brubaker-Clarke 134,500 134,500 134,500 134,500 Demo Bluffton School & General Plumbing
SmartZone Pre-Seed Brubaker-Clarke - - - -
Musketawa Trail Connection (Keating to Black Creek) Al-Shatel 250,000 260,000 250,000 260,000 Contingent upon DNR land purchase
Musketawa Trail Connection (Industrial - Port City) Al-Shatel - 85,000 - 85,000 FY14
411,000 506,000 411,000 506,000
590 Sewer
Palmer, McGraft to Southern Al-Shatel 120,000 120,000 - - Replace sewer as part of street project
Merrill, Fifth to First/Third (1100') Al-Shatel 170,000 170,000 - - Replace 15" sewer with 20" sewer
Southern Avenue, Fifth to Sanford Al-Shatel 40,000 40,000 - - Design in FY13 & construction in FY14
Sewer Rehabilitation Project (Various Projects) Al-Shatel 150,000 150,000 - - Lining of manholes and sewer lines
Austin Lift Station Al-Shatel 230,000 230,000 - - Design in FY13 & construction in FY14
Infiltration Study, S-2 Al-Shatel 50,000 160,000 - 144,000
760,000 870,000 - 144,000
591 Water
High Service Valves - Upgrade 2 of 4 to Ball Valves Al-Shatel 130,000 130,000 - -
Projects Identified in Reliability Study Al-Shatel 75,000 75,000 - - Study underway/completed by August
Laketon, Park to Peck Al-Shatel 165,000 165,000 - - Water repairs associated with street project
Water Main Replacements, Various Locations - 2" & 4" Waterma Al-Shatel 120,000 120,000 - -
Southern Avenue, 5th to Sanford Al-Shatel 30,000 30,000 - - Design in FY13 & construction in FY14
Sherman, Estes to Glenside Al-Shatel 165,000 165,000 - - Changed to Design Only in FY13
Page 38 of 40
City of Muskegon
Quarterly Budget Reforecast and 2013-14 Proposed Budget
2013-14 Budgeted 2013-14 Budgeted 2013-14 2013-14
Projects (Including Projects (Including Estimated Estimated
Grant
Responsibility Carryover Amounts Carryover Amounts Project Grant Project Grant Comments
Year
From Prior FY) From Prior FY) 1Q Revenue Revenue 1Q
Original Reforecast Original Reforecast
BUDGETED MAJOR CAPITAL PROJECTS
GIS Update and Maintenance Al-Shatel 20,000 20,000 - - County licensing & map maintenance
Water Plant Reliability Study Al-Shatel 20,000 20,000 - - Required by MDEQ Every Five years
725,000 725,000 - -
594 Marina
Cottage Grove & Hartshorn Marina Dredging Al-Shatel 175,000 210,000 175,000 210,000 FY14 Grant Amount Increased
175,000 210,000 175,000 210,000
642 PSB
Bathroom & Roof Repairs Al-Shatel 25,000 25,000 New facility in the equipment area
Fiber Connection to DPW Maurer 25,000 25,000 - - Improved connection; 2-3 Year Payback
50,000 50,000 - -
643 Engineering Services
Intergovernmental Engineering Work Al-Shatel 10,000 10,000 10,000 10,000
10,000 10,000 10,000 10,000
661 Equipment Fund
20/Quant Non-Vehicular Equipment:
1 Flail Mower Al-Shatel 9,500 9,500 - - Replaces unit 70201 (1987)
1 Sweeper Broom Al-Shatel 15,000 15,000 - - Replaces unit 50180B (1991)
4 Trailers & Low Boy Al-Shatel 25,000 60,000 - - New, transporting equipment
1 Arrow Board Al-Shatel 4,500 4,500 - - New
2 Front Plows Al-Shatel 10,000 10,000 - - New
1 Scale Al-Shatel - 12,000 - - Carryover - Budgeted, Not Purchased FY13
64,000 111,000 - -
5746 Communications Equipment:
Page 39 of 40
City of Muskegon
Quarterly Budget Reforecast and 2013-14 Proposed Budget
2013-14 Budgeted 2013-14 Budgeted 2013-14 2013-14
Projects (Including Projects (Including Estimated Estimated
Grant
Responsibility Carryover Amounts Carryover Amounts Project Grant Project Grant Comments
Year
From Prior FY) From Prior FY) 1Q Revenue Revenue 1Q
Original Reforecast Original Reforecast
BUDGETED MAJOR CAPITAL PROJECTS
9 Radar units - Police Al-Shatel 27,000 27,000 - -
9 Light bars for new police cruisers Al-Shatel 23,000 23,000 - -
18 In-Car Video System, Includes Server - Police Al-Shatel 63,000 63,000 - -
5 Handheld Radios - Parks Al-Shatel 6,000 6,000 - -
20 Radios - Police Al-Shatel 20,000 111,500 - 84,000 Mobile/Portables (Police) per Jeff Lewis
139,000 230,500 - 84,000
5730 Vehicles:
9 Cruisers/Police SUV's (3) Al-Shatel 270,000 260,000 - - Includes police package outfitting
1 Mini-Excavator Al-Shatel 50,000 50,000 - - Water Department - new - needed for tight areas
1 Backhoe Al-Shatel 90,000 90,000 - - Replaces 50252 (2000)
1 Loader Al-Shatel 150,000 150,000 - - Replaces 50164 (2000)
1 Utility Vehicle - Cemetery Al-Shatel 13,000 11,500 - - Replaces 70560 (1995)
1 T.V. Truck for Sewers Al-Shatel 185,000 185,000 - - Replacement
2 Plow Truck Al-Shatel 120,000 265,000 - - Replaces 1992 Vehicles (#620 & #622)
1 3/4 Ton Truck Al-Shatel 25,000 25,000 - - Replaces Vehicle #573 - Parks
1 1 Ton Truck Al-Shatel 28,000 28,000 - - New
1 Sewer Jet Al-Shatel - 201,500 - - Carryover - Budgeted, Not Purchased FY13
931,000 1,266,000 - -
Total Equipment Fund 1,134,000 1,607,500 - 84,000
$ 6,491,000 $ 7,204,500 $ 1,623,000 $ 2,013,000
Page 40 of 40
Commission Meeting Date: November 12, 2013
Date: November 5, 2013
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Rental Program and Environmental Code
Compliance Professional Services Agreement
(“Agreement”)
SUMMARY OF REQUEST: To approve the Agreement with SafeBuilt of Michigan,
Inc. to provide rental program and environmental code compliance services to the
City of Muskegon, including the Lease Agreement (Exhibit C). The Vacant Building
and Dangerous Building programs will remain with the Community & Economic
Development Division, with a supervisor and an inspector (see memo attached).
FINANCIAL IMPACT: The contract will save the City on costs associated with the
rental program and environmental code compliance services. Also, it is anticipated
that additional funds will be generated through broader enforcement and oversight of
all programs.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To approve the agreement between the City of
Muskegon and SafeBuilt of Michigan, Inc. and to authorize the Mayor and Clerk to
execute the contract at the discretion of City staff on or after December 1, 2013.
Memorandum
To: Honorable Mayor & City Commission
CC: Frank Peterson, City Manager
From: Cathy Brubaker-Clarke, Director of Community & Economic Development
Date: 11/7/2013
Re: Rental and Environmental Code Compliance Contract
City staff and SafeBuilt have negotiated a “Rental Program and Environmental Code
Compliance Professional Services Agreement”. The Agreement provides for SafeBuilt
to take over responsibilities for the Rental Inspections Program and the Environmental
Code Compliance Program (Grass & Trash; 24-Hour Terrace Violations). The
Agreement is attached.
For the services provided by SafeBuilt, the City will pay $34,170 per month for the first
year (increases for remaining two years). The City will continue to receive rental
inspection fees, up to $160,000 a year. If these revenues are exceeded, the City and
SafeBuilt will split the remainder. SafeBuilt will also lease out the former Civil Service
office and pay rent to the City in the amount of $200 per month.
In addition, the Planning Department will retain the position of Code Compliance
Supervisor and one Code Compliance Inspector. The Department will continue to
administer the Vacant Building and Dangerous Building Programs.
A cost savings is expected by contracting out the rental inspection and code compliance
services. In addition to general savings, it is also expected that SafeBuilt will be able to
increase the number of inspections; thus raising the revenue overall (e.g., the City
currently is expected to receive $160,000 in rental inspection fees; contracting with
SafeBuilt the amount of revenue is expected to rise with increased inspections,
providing additional revenue to the City).
Meanwhile, by retaining the position of Code Compliance Supervisor and Code
Compliance Inspector, the revenues of the City are expected to increase. The staff will
have more time to find vacant buildings, thus raising the revenue ($108,000 for the
2012-2013 budget year). Also, the Supervisor and Inspector will have more time to
pursue zoning inspections issues (with the potential of raising revenue).
November 7, 2013
Staff met with the respective employee unions to discuss the contract with SafeBuilt and
the potential cost savings to the City. Both representatives from Local 517 M and Local
517M, Unit 2 agreed not to dispute the contract as long as one code enforcement
inspector was retained by the City.
Overall, it is expected that contracting out services for rental inspections and
environmental code compliance, while retaining the Code Compliance Supervisor and
one Code Compliance Inspector, will increase City revenue, while also increasing
productivity and efficiency.
2
EXHIBIT C: Lease Agreement
CITY OF MUSKEGON
Landlord
TO
SAFEBUILT MICHIGAN, INC.
Tenant
LEASE
Dated: November 05, 2013
Premises in the City Hall Building
City of Muskegon
County of Muskegon
State of Michigan
Suite – (Former Civil Services Space)
Page 1 of 14
LEASE
THIS LEASE, made November 05, 2013, between the City of Muskegon, a Michigan municipality
(“Landlord” or “the City”) of 933 Terrace Street, Muskegon, Michigan, 49443, and SAFEbuilt
Michigan, Inc., a Michigan foreign profit corporation (“Tenant”);
ARTICLE I
DEFINITIONS
1.01 DEFINITIONS: As used herein the following terms and phrases shall have the
meanings indicated:
A. Commencement Date: December 01, 2013
B. Term: The period of December 01, 2013 through November 30, 2016 ending at
midnight of the last day.
C. Rent Commencement Date: December 01, 2013.
D. Demised Premises: Suite – (Former Civil Services Space), which is N/A
square feet of office space, located on the second floor within the building
containing the City of Muskegon’s City Hall at 933 Terrace Street,
Muskegon, Michigan, 49443. See Exhibit A, 2nd floor plan of City Hall,
highlighting Demised Premises.
E. Common Areas: All areas, spaces and improvements which Landlord
makes available from time to time for the common use and benefit of Tenant, including, without
limitation, customer parking spaces, roads, walkways, promenades, sidewalks, landscaped and
planted areas, public rest rooms, and those portions of utility and sewer lines and systems and
fire protection and sprinkler alarm systems serving the common use and benefit of Tenant.
F. Landlord: The City of Muskegon, the owner of the fee of the Demised
Premises.
G. Requirements: All laws, statutes, ordinances (including, but not limited to,
building codes and zoning regulations and ordinances), orders, rules, regulations and
requirements of all federal, state, county and municipal governments, and the appropriate
agencies, officers, departments, boards and commissions thereof, and the board of fire
underwriters and/or the fire insurance rating organization or similar organization performing the
same or similar functions, whether now or hereafter in force, applicable to the Building or any
part thereof and/or the Demised Premises or the use or manner of use of the Building or any
part thereof and/or the Demised Premises or the sidewalks and curbs adjacent thereto.
H. The Building: The structure located at 933 Terrace Street, in which the
Demised Premises are located and in which City of Muskegon City Hall is located.
Page 2 of 14
ARTICLE II
DEMISE AND CONSTRUCTION
2.01 DEMISE. Upon and subject to the terms and conditions of this Lease, Landlord
hereby leases to Tenant, and Tenant hereby hires from Landlord, the Demised Premises, for
the Term. Tenant acknowledges that the dimensions, shape and location of the Demised
Premises as described herein are approximate. Notwithstanding the foregoing, Landlord
reserves exclusively to itself and Tenant shall have no right in and to (a) the use of the exterior
faces of all perimeter walls, (b) the use of the roof, (c) the use of the land, improvements and
space below the bottom of the lower floor slabs of the Demised Premises and above the
interior surface of the ceiling of the Demised Premises, and (d) the use of the improvements
and space above the highest ceiling of the Demised Premises. Landlord also reserves and
Tenant shall have no right in and to the air rights above Tenant's office space.
2.02 CONSTRUCTION. Tenant shall accept the Demised Premises in their present
“AS IS” condition and Landlord shall have no work to perform whatsoever with respect to the
Demised Premises.
2.03 FURNITURE. Landlord shall provide any cubicle dividers, desks, file cabinets,
shelves, tables, floor mates, and/or wall document holders that are existing in the Demised
Premises on the Commencement Date. The use of the existing property shall be included in the
Fixed Rent and be included as part of the Demised Premises. Landlord shall not provide any
additional office furniture or equipment.
2.04 ACCEPTANCE OF DEMISED PREMISES. Tenant’s occupancy of Suite –
(Former Civil Services Space)shall be conclusive evidence against Tenant as an admission that
every part of the Demised Premises is accepted "as is". Landlord shall have no responsibility in
any respect for damages to property of Tenant caused by water, flooding, waves or fluids of any
nature or origin whatsoever. Tenant hereby waives any and all benefits or rights to which
Tenant might become entitled by reason of any and all provisions of law that permit a tenant to
make repairs at the expense of a landlord or to terminate a lease by reason of the condition of
the Demised Premises.
ARTICLE III
FIXED RENT AND SECURITY
3.01 PAYMENT OF FIXED RENT. Commencing upon the Rent Commencement Date,
Tenant shall pay rent at the monthly rate of $200.00, in advance of the first day of each month
during the Term, except that if the Rent Commencement Date is not the first day of a month,
Fixed Rent for the period commencing on the Rent Commencement Date and ending on the last
day of the month in which the Rent Commencement Date occurs shall be apportioned on the
basis of the number of days in said month as compared to 365 days and paid on the Rent
Commencement Date. The Fixed Rent shall be paid promptly when due, in lawful money of the
United States, without notice or demand and without deduction, abatement, counterclaim or
setoff of any amount or for any reason whatsoever, to Landlord at the address of Landlord set
forth at the head of this Lease or such other address as Landlord may designate or to such
other person as Landlord may designate.
Page 3 of 14
3.02 LATE CHARGES AND RETURN CHECK CHARGES. If payment of any Fixed
Rent shall not have been paid by the date on which such amount was due and payable a late
charge equal to the greater of (i) FIFTY DOLLARS ($50.00) and (ii) one and one-half percent
(1-1/2%) per calendar month or any part thereof (or the then maximum lawful interest rate, if
less), from the date on which such amount was due, on the amount overdue shall, at the
Landlord's option, be payable as damages for Tenant's failure to make prompt payment. In
addition to any other penalties or remedies available to Landlord in the event of any late
payment by Tenant, if any check in payment of any Fixed Rent is returned to Landlord by
Tenant's bank by reason of insufficient funds, uncollected funds or otherwise, a return check
administrative charge of FIFTY DOLLARS ($50.00) shall be payable to Landlord by Tenant.
The late charges and return check administrative charges for any month shall be payable the
first day of the following month, and in default of payment of any such charges, Landlord shall
have (in addition to all other remedies) the same rights as provided in this Lease for
nonpayment of Rent. Landlord and Tenant agree that the foregoing late charges and return
check administrative charges represent a reasonable estimate of the costs which Landlord will
incur by reason of late payment by Tenant and returned checks, and are fair compensation to
Landlord for its loss suffered by such late payment or returned check. Nothing in this Section
contained and no acceptance of late charges by Landlord shall be deemed to extend or change
the time for payment of Fixed Rent.
3.03 ACCORD AND SATISFACTION. No payment by Tenant or receipt by Landlord of
any lesser amount than the amount stipulated to be paid hereunder shall be deemed other than
on account of the earliest stipulated Fixed Rent nor shall any endorsement or statement on any
check or letter be deemed an accord and satisfaction, and Landlord may accept any check or
payment without prejudice to Landlord's right to recover the balance due or to pursue any other
remedy available to Landlord.
3.04 SECURITY DEPOSIT: None required.
3.05 TAXES AND OTHER GOVERNMENT CHARGES.Tenant shall pay, before any
penalty or interest attaches, to Landlord beginning on the Commencement Date, the amount of
general property taxes, special taxes, lessee-user taxes, special assessments, and other
governmental charges of any kind whatsoever levied or assessed against or with respect to the
Premises at any time during the Term of this Lease which are attributable to an increase in
taxable value of Landlord's property based upon Tenant’s lease. Tenant shall pay, before any
penalty or interest attaches, all personal property taxes levied or assessed against the personal
property of Tenant located upon the Demised Premises, and all personal property taxes levied
or assessed against any and all personal property included under the Fixed Rent, and shall,
upon written request, furnish to Landlord duplicate receipts thereof. Tenant shall pay, before
penalty or interest attaches, special assessments, income (including, any privilege or excise
taxes based on gross revenue), and all other taxes levied on Tenant's business.
ARTICLE IV
COMMON AREAS AND PARKING
4.01 MAINTENANCE OF AND CHANGES IN COMMON AREAS. Subject to the
provisions of Section 7.04, Landlord will operate, manage, equip, light, repair and maintain, or
cause to be operated, managed, equipped, lighted, repaired and maintained, the Common
Areas for their intended purposes. Landlord reserves the right, at any time and from time to
Page 4 of 14
time to make changes, additions, alterations or improvements in and to such Common Areas
provided same shall not unreasonably block or interfere with Tenant's means of ingress or
egress to and from the Demised Premises.
4.02 USE OF COMMON AREAS. Tenant and its licensees and their respective
officers, employees, agents, customers and invitees, shall have the non-exclusive right, in
common with Landlord and all others to whom Landlord has granted or may hereafter grant
such rights. Landlord reserves the right, at any time and from time to time, to close temporarily
all or any portions of the Common Areas for any of the following purposes when in Landlord's
reasonable judgment any such closing is necessary or desirable: to make repairs or changes
therein or to effect construction, repairs or changes, to prevent the acquisition of public rights in
such areas, to protect or preserve persons or property and Landlord may do such other acts in
and to the Common Areas as in its judgment may be desirable. While conducting business after
regular business hours on weeknights or weekends, Tenant may access the public restrooms.
Tenant’s clients may be permitted to use the public restrooms but are not permitted to enter any
other part of the City Hall building closed to the public after regular business hours on
weeknights and weekends.
4.03 PARKING. Tenant and its officers, agents, and employees shall park their
vehicles only in areas from time to time designated by Landlord as the areas for such parking.
Tenant shall, upon written notice from Landlord, within five (5) days, furnish Landlord, or its
authorized agent, the State automobile license tag number assigned to its vehicle or vehicles
and the vehicles of all of its officers, agents and employees employed in the Demised Premises.
Landlord, after notice to Tenant that Tenant or any of its officers, agents or employees are not
parking in said designated parking areas or off-premises, as applicable, may, at its option, in
addition to any other remedies it may have, tow away such vehicles at Tenant's expense.
ARTICLE V
UTILITIES AND SERVICES
5.01 UTILITIES AND MECHANICAL MAINTENANCE. Landlord shall furnish heat,
electricity and water/sewer utilities serving Tenant and charges for said utilities shall be included
in the Fixed Rent. Tenant shall make all necessary arrangements for internet and phone
services and shall be responsible for all associated charges for said utilities. Separate telephone
and internet lines are required for Tenant that shall not be connected to the telephone or internet
systems used by City employees in the building.
5.02 MAIL. Tenant shall not receive mail at any City office within City Hall. Tenant’s
mail shall be delivered directly to its space or Tenant may maintain a post office box.
ARTICLE VI
USE AND ENJOYMENT OF DEMISED PREMISES
6.01 PERMITTED USES. Tenant shall use the Demised Premises solely for the
purpose of conducting the business of SAFEbuilt Michigan, Inc. and Tenant shall not use or
permit or suffer the use of the Demised Premises for any other purpose whatsoever. The City of
Muskegon will allow SAFEbuilt Michigan, Inc. to service other W. Michigan communities form
Page 5 of 14
the leased space within City Hall. Tenant shall not advertise its services by stating it conducts
business in Muskegon City Hall or in any way suggest the City endorses Tenant’s services
because of this Lease agreement. Marketing brochures, business cards and all forms of
advertising may state the address of the building of the Demised Premises but may not refer to
“City Hall”. Tenant acknowledges that Muskegon City Hall is open to the public between the
hours of 8:30 a.m. to 5:00 p.m. and for morning and evening meetings before or after those
hours on certain days. Tenant acknowledges that on most weekends and holidays, City Hall is
closed to the public. Tenant shall be provided with three (3) keys that open the outer doors of
City Hall. Those keys are to be accounted for at all times and are not to be reproduced unless
reproduced and replaced by the Landlord. Lost keys shall be immediately reported to the
Director of Community Development. Tenant shall be liable for any and all damage and
expenses resulting from the loss of any of the provided keys (including, but not limited to,
necessary rekeying of any and all City Hall locks). Tenant shall instruct its employees of the
importance of locking all outer doors to City Hall upon entering and leaving the building during
hours when it is not open to the public. Tenant waives any claim or cause of action regarding
the nonavailability of the office space during emergency periods when, due to electrical power
outages, police or fire situations or acts of nature that City Hall remains closed to Tenant.
6.02 SIGNS. Tenant shall provide a suitable identification sign or signs of such size,
design and character as Landlord shall designate and/or approve, and Tenant shall install same
on the door to Suite – (Former Leisure Services Space). All costs of fabricating, constructing,
installing, operating, maintaining and removing any and all such identification signs shall be
borne by Tenant. Other than such permitted signs, Tenant shall not place or install, or permit or
suffer to be placed or installed, or maintain, any sign upon or outside of the Demised Premises
or in any part of the building unless approved by Landlord. Tenant shall not place, install or
maintain, or permit or suffer to be placed, installed or maintained, on the exterior of the Demised
Premises, any awning, canopy, banner, flag, pennant, aerial, antenna or the like, nor place or
maintain on the interior or exterior of the glass of the windows or the doors of the Demised
Premises any sign.
6.03 COMPLIANCE WITH LAWS. Tenant shall comply with the certificate of
occupancy relating to the Demised Premises and with all Requirements. Without limiting the
generality of the foregoing, Tenant shall not engage in any activity on or about the Demised
Premises that violates any Requirement(s) pertaining to environmental laws or hazardous
substances and shall take all investigatory and/or remedial action required by any governmental
agency or applicable Requirements for cleanup and removal of any contamination involving any
hazardous substance created or caused, directly or indirectly, by Tenant.
6.04 ACCESS TO PREMISES AND EXCAVATION. Landlord shall have the right to
enter upon and in the Demised Premises at all reasonable times to examine the same and to
make such repairs, alterations, improvements and additions in the Demised Premises as
Landlord may deem necessary, and Landlord shall be allowed to take all materials into and
upon the Demised Premises that may be required therefor without the same constituting an
eviction of Tenant, in whole or in part, and the Fixed Rent shall in no way abate while such
repairs, alterations, improvements or additions are being made by reason of loss or interruption
of the business of Tenant due to the prosecution of any such work; provided, however, Landlord
shall use reasonable efforts not to unreasonably interfere with or interrupt Tenant's business in
the Demised Premises, but in no event shall Landlord be required to incur any additional
expense for work to be done during hours or days other than regular business hours and days.
Page 6 of 14
Tenant agrees that the City’s personnel files in the Demised Premises shall remain there and
the City shall have access to said files as needed. Tenant shall not move or view said files.
6.05 MECHANICS' LIENS. Nothing contained in this Lease shall be deemed,
construed or interpreted to imply any consent or agreement on the part of Landlord to subject
Landlord's interest or estate to any liability under any mechanic's or other lien law. If any
mechanic's or other lien or any notice of intention to file a lien is filed against the City, or the
Demised Premises, or any part thereof, for any work, labor, services or materials claimed to
have been performed or furnished for or on behalf of Tenant or anyone holding any part of the
Demised Premises through or under Tenant, Tenant shall cause the same to be canceled and
discharged of record by payment, bond or order of a court of competent jurisdiction within 20
days after the earlier to occur of (i) such lien or notice becoming of record or (ii) the giving of
notice by Landlord to Tenant. Landlord shall have the right to post any notices of non-
responsibility which Landlord may deem necessary for the protection of Landlord and Landlord's
interest in the Demised Premises from mechanics' liens or liens of a similar nature; and Tenant
shall, before the commencement of any work which might result in any such lien, give written
notice to Landlord of its intention to do so in sufficient time to enable the posting of such notices.
ARTICLE VII
ALTERATIONS, REPAIRS AND CHANGES
7.01 ALTERATIONS BY TENANT. Tenant shall not make or cause to be made any
improvements, alterations, additions, changes, replacements or installations to the Demised
Premises, or make any holes or cuts in the walls, ceilings, roofs, or floors thereof, or change the
exterior color or architectural treatment of the Demised Premises, without on each occasion first
obtaining the consent of Landlord, and if such consent is granted, Tenant shall carry such
worker's compensation and general liability insurance and such other insurance as Landlord
may require, naming Landlord as an additional insured. In no event whatsoever shall Tenant
make any penetrations into the roof deck or the concrete slab or any fire wall without having
obtained Landlord's prior written consent, which consent, it is expressly understood and agreed
by Tenant may be given or withheld by Landlord in Landlord's sole and absolute discretion, and
which consent may be expressly conditioned upon Landlord, at Tenant's sole cost and expense,
performing such work on Tenant's behalf and/or overseeing the performance of such work by
Tenant to Landlord's satisfaction. Tenant shall submit to Landlord plans and specifications for
such work at the time Landlord's consent is sought. Any such improvements, alterations,
additions, changes, replacements or installations will be performed in a good and workmanlike
manner in accordance with the approved plans and specifications and in compliance with all
Requirements and shall be performed and completed by Tenant in an expeditious manner. The
cost of such improvements, alterations, additions, changes, replacements or installations shall
be paid in cash or its equivalent so that the Demised Premises shall at all times be free of liens
for work, labor, services or materials claimed to have been performed or furnished for or on
behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant.
All contractors and subcontractors performing work in or to the Demised Premises shall be
approved by Landlord prior to the performance of any such work.
7.02 REPAIRS BY LANDLORD. Landlord shall make necessary structural repairs to
the Demised Premises (but excluding windows and window frames, doors, plate glass, store
fronts, showcases and signs) and shall keep in good condition and repair the foundations and
Page 7 of 14
roof of the Demised Premises and those portions of the utility systems that are for common use.
Landlord shall not be required to make any such repairs where same were caused or
occasioned by any act, omission or negligence of Tenant, or licensees of Tenant, or any of their
respective officers, employees, agents, customers, invitees or contractors. Landlord shall not
be required to commence any such repair until notice shall be received from Tenant specifying
the nature of the repair. The provisions of this Section shall not apply in the case of damage by
fire or other casualty or by eminent domain, in which event the obligations of the parties shall be
as provided in other Sections of this Lease. All costs and expenses incurred by Landlord
pursuant to the provisions of this Section shall be deemed to constitute Common Area costs.
7.03 REPAIRS AND MAINTENANCE BY TENANT. Except for repairs required to be
performed by Landlord under Section 7.02, Tenant shall make all repairs and replacements to,
and shall keep clean, neat, safe, sanitary, in good order, repair and condition (including all
painting and decorating necessary to maintain at all times a clean and sightly appearance) and
free of vermin, the Demised Premises, including both inside and the outside, and any
equipment, facilities, fixtures and systems therein. In making repairs, Tenant shall use materials
equal in kind and quality to the original work. Tenant shall repaint and refurbish the Demised
Premises at reasonable periodic intervals to assure that the Demised Premises is kept in a first-
class and attractive condition through the Term. In cleaning the Demised Premises, Tenant shall
hire the same custodial service provided the Landlord has hired for the cleaning of the Common
Areas of The Building. Tenant shall purchase a level of custodial services sufficient to keep the
Demised Premises in an equivalent condition as the portion of The Building occupied by the
Landlord. The provisions of this Section shall not apply in the case of damage by fire or other
casualty or by eminent domain, in which event the obligations of the parties shall be as provided
in other Sections of this Lease. All alterations and repairs hereunder shall be subject to the
requirements and conditions set forth in Section 7.01 hereinbefore and shall be performed by
contractors approved by Landlord, and all such work shall conform to existing structures and
quality of the building.
7.04 CHANGES BY LANDLORD. Landlord reserves the right, at any time and from
time to time, to increase, reduce or change the number, type, size, location, elevation, nature
and use of any of the Common Areas including, without limitation, the right to move and/or
remove same and to add additional stories thereon, provided same shall not unreasonably block
or interfere with Tenant's means of ingress or egress to and from the Demised Premises.
7.05 LANDLORD'S CONSENT. In no event shall Landlord be required to consent to
any improvements, alterations, additions, changes, replacements or installations which, when
completed, will, in Landlord's judgment, be of such a character which will reduce the value,
rentability or usefulness of the Demised Premises or which will affect the facade, mechanical,
electrical or structural components of either the Demised Premises or the building or which
would reduce the Floor Space of the Demised Premises.
7.06 FIRE OR CASUALTY; CONDEMNATION. In the event the Demised Premises are
totally destroyed by fire, wind, or other causes beyond the control of the Landlord, or are
condemned or otherwise taken by authority of local, state or federal government, then in any of
these events the lease Term shall cease and terminate as of the date of such destruction,
condemnation or taking. In the event of any loss or damage by fire or other casualty for which
the building or improvements on the Demised Premises may be insured, all amounts payable
upon any policy or policies of insurance shall be paid to Landlord. If the Demised Premises are
Page 8 of 14
damaged by fire, rain, wind or other such causes, so as to render the same partially untenable
or partially unfit for use, but are repairable within a reasonable time, then this Lease shall remain
in full force and effect, but Tenant’s rent shall be proportionately reduced until the Demised
Premises are repaired.
ARTICLE VIII
INSURANCE AND INDEMNITY
8.01 INSURANCE BY TENANT. A. Tenant shall maintain the following insurance at
Tenant's sole cost and expense: (a) commercial general public liability insurance covering the
Demised Premises and the conduct or operation of business therein, naming Landlord as
additional insured, with limits of not less than $1,000,000 combined single limit for bodily injury
or death and for property damage, including water damage and sprinkler leakage liability, (b) fire
and extended coverage insurance covering Tenant's stock in trade, fixtures, furniture,
furnishings, removable floor coverings, equipment, signs and all other property of Tenant in the
Demised Premises to the extent of one hundred (100%) percent of the full insurable value of the
property covered and not less than the amount sufficient to avoid the effect of the co-insurance
provisions of the applicable policy or policies, (c) comprehensive automobile liability insurance
including owned, non-owned and hired car coverage in an amount not less than $3,000,000
combined single limit per occurrence for bodily injury or death and for property damage, and (d)
any other insurance required for compliance with any Requirements. Tenant shall deliver to
Landlord and any additional insured specified by Landlord to Tenant such fully paid-for-policies
or certificates evidencing such coverage before the Commencement Date. Tenant shall procure
and pay for renewals of such insurance from time to time before the expiration thereof, and
Tenant shall deliver to Landlord and any additional insured such renewal policy or certificates
evidencing such renewal at least 30 days before the expiration of any existing policy. All such
policies shall be issued by companies of recognized responsibility licensed to do business in the
state in which the Demised Premises is located and having a general policy holder's rating of
not less than A, and financial ratings of not less than Class VIII as rated in the most current
"Best's" Insurance Reports, and all such policies shall contain a provision whereby the same
cannot be canceled or modified unless Landlord and any additional insured are given at least 30
days prior written notice by certified or registered mail of such cancellation or modification.
B. Tenant shall require any contractor of Tenant performing work in, on or about
the Demised Premises to take out and keep in full force and effect, at no expense to Landlord
(a) commercial general public liability insurance in respect of the Demised Premises, and the
conduct of its work therein, naming Landlord as additional insured, with limits of not less than
$3,000,000 combined single limit for bodily injury or death and for property damage, including
water damage and sprinkler leakage legal liability; (b) workers' compensation or similar
insurance in form and amounts required by law (but in no event less than a combined single
limit of $1,000,000 per occurrence); and (c) comprehensive automobile liability insurance
including owned, non-owned and hired car coverage in an amount not less than $3,000,000
combined single limit per occurrence for bodily injury or death and for property damage.
C. It is understood and agreed by naming Landlord as an additional insured,
coverage afforded is considered to be primary and any other insurance Landlord may have in
effect shall be considered secondary and/or excess. It is further understood and agreed that
Page 9 of 14
thirty (30) days advance written notice shall be given to Landlord of cancellation, non-renewal,
reduction and/or material change of any required insurance policy.
8.02 INCREASE IN PREMIUMS. Tenant shall not do, permit or suffer to be done any
act, matter, thing or failure to act in respect of the Demised Premises or use or occupy the
Demised Premises or conduct or operate Tenant's business in any manner objectionable to
insurance companies whereby the fire insurance or any other insurance now in force or
hereafter to be placed on the Demised Premises or the building or any part thereof shall
become void or suspended or bring or keep anything upon the Demised Premises which shall
increase the rate of premiums of insurance on the Demised Premises or the building or any part
thereof or on the property located therein. If by reason of failure of Tenant to comply with the
foregoing provisions of this Section, any premiums in respect of insurance maintained by
Landlord shall be higher than those which would normally have been in effect, then Tenant shall
be liable to Landlord as hereinafter set forth. In case of a breach of this covenant, in addition to
all other rights and remedies of Landlord hereunder, Tenant shall (a) indemnify Landlord and
hold Landlord harmless from and against any loss which would have been covered by insurance
which shall have become void or suspended because of such breach by Tenant and (b) pay to
Landlord any and all increases of premiums on any insurance, including, without limitation, rent
insurance, resulting from any such breach. In addition to the foregoing, Tenant will, if Landlord
so requests, cease any action and/or remove any objects or improvements which have resulted
in increases in Landlord's insurance premiums.
8.03 INDEMNIFICATION AND RELEASE. In the event legal proceedings are
threatened or filed against either party involving in any manner the performance of this Lease,
notification shall be given to the other party, including any knowledge or information which may
result in a claim against either of them, and cooperation shall take place between the parties
whenever any claim is filed against either party, involving in any manner the performance of this
Lease. Tenant shall defend and indemnify Landlord and shall hold Landlord harmless from and
against any and all injuries, losses, claims, actions, damages, liabilities and expenses (including
attorneys' fees and expenses) to persons or property arising from, related to or in connection
with the use or occupancy of the Demised Premises or the conduct or operation of business
therein or any default in the performance of any obligation of Tenant under this Lease. Landlord
shall not be liable or responsible for, and Tenant hereby releases Landlord from, all liability or
responsibility to Tenant or any person claiming by, through or under Tenant, by way of
subrogation or otherwise, for any loss or damage to any property in or around the Demised
Premises or to Tenant's business irrespective of the cause of such loss or damage, and Tenant
shall require its insurer(s) to include in all of Tenant's casualty insurance policies which could
give rise to a right of subrogation against Landlord a clause or endorsement whereby the
insurer(s) shall waive any rights of subrogation against Landlord. If Landlord shall, without fault
on its part, be made a party to any litigation commenced by or against Tenant, Tenant shall
indemnify and hold Landlord harmless from and against all costs, expenses and reasonable
attorneys' fees incurred or paid by Landlord in connection with such litigation.
ARTICLE IX
MISCELLANEOUS
9.01 ASSIGNMENT OR SUBLETTING. Tenant shall not assign or sublet its rights under
this Lease.
Page 10 of 14
9.02 RENEWAL. This Lease may be renegotiated for additional terms following the
completion of the current Term.
9.03 DEFAULT AND REPOSSESSION. If the Demised Premises shall be deserted or
vacated, or if there shall be a default in the payment of rent or any part thereof for more than
seven days after written notice of such default by the Landlord, or if there shall be default in the
performance of any other covenant, agreement, condition, rule or regulation herein contained or
incorporated herein by reference for more than seven days after written notice of such default by
the Landlord, this Lease (if the Landlord so elects) shall thereupon become null and void, and
the Landlord shall have the right to reenter or repossess the Demised Premises, either by
summary proceedings, surrender, or otherwise, and dispossess and remove therefrom the
Tenant, or other occupants thereof, and their effects, without being liable to any prosecution
therefor. Tenant agrees to pay all expenses and damages incurred by Landlord as a result of
Tenant’s default, including Landlord’s reasonable attorney fees. If Tenant shall fail to perform
any of its obligations hereunder, Landlord may, if it so elects, and after five days' prior notice to
Tenant, cure such default at Tenant’s expense, and Tenant agrees to reimburse Landlord (as
additional rent) for all costs and expenses incurred as a result thereof upon demand.
9.04 NULL AND VOID. This Lease runs with an Agreement for Professional Services,
entered into by and between the City of Muskegon and SAFEbuilt Michigan, Inc., and (if the
Landlord so elects) shall become null and void at the expiration or termination of the Agreement
for Professional Services. The Agreement for Professional Services runs with this Lease and (if
the Landlord so elects) shall become null and void at the expiration or termination of this Lease.
9.05 OWNERSHIP OF IMPROVEMENTS AND PERSONAL PROPERTY. All
installations, alterations, additions, betterments and improvements upon the Demised Premises,
made by any party, shall become the property of Landlord when installed and shall remain upon
and be surrendered with the Demised Premises as a part thereof at the expiration or sooner
termination of the Term. Movable trade fixtures and other personal property which Tenant
installs at its own expense shall remain Tenant's property and may be removed at any time
provided Tenant promptly repairs any damage caused by such removal and provided further
that Tenant shall not then be in default under this Lease.
9.06 END OF TERM. At the expiration or sooner termination of the Term, Tenant shall
quit and surrender to Landlord the Demised Premises, broom clean and in good order and
condition, ordinary wear and tear and damage by fire and any other insured casualty excepted.
At such expiration or sooner termination Tenant shall remove all property of Tenant and its
signage and at the option of Landlord, shall remove any or all alterations and other
improvements made by Tenant to the Demised Premises as designated by Landlord and Tenant
shall repair all damage to the Demised Premises caused by such removal and restore the
Demised Premises to the condition in which they were at the Commencement Date. Such
removal, repair and restoration shall be effected in accordance with the rules and regulations,
including construction rules and guidelines, of Landlord. It is agreed that any holding over by the
Tenant upon expiration of the Term of this Lease or any renewal or extension hereof, shall
operate as an extension of this Lease from month to month only.
9.07 WAIVER OF JURY TRIAL AND RIGHT TO COUNTERCLAIM. Landlord and
Tenant shall and they hereby do waive trial by jury in any action, proceeding or counterclaim
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brought by either of the parties hereto against the other on any matters arising out of or in any
way connected with this Lease, the relationship of Landlord and Tenant, Tenant's use or
occupancy of the Demised Premises, and any emergency or other statutory remedy. Tenant
further agrees that it shall not interpose any counterclaim(s) in a summary proceeding or in any
action based on holdover or non-payment of Fixed Rent.
9.08 NO WAIVER. The failure of Landlord to insist in any one or more cases upon the
strict performance or observation of any obligation of Tenant hereunder or to exercise any right
or option contained herein shall not be construed as a waiver or relinquishment for the future of
any such obligation of Tenant or any right or option of Landlord. Landlord's receipt and
acceptance of Fixed Rent, or Landlord's acceptance of performance of any other obligation by
Tenant, with knowledge of Tenant's breach of any provision of this Lease, shall not be deemed
a waiver of such breach. No consent, approval or waiver, express or implied, by Landlord or
Tenant to or of any breach of any covenant, agreement or obligation, of Landlord or Tenant shall
be construed as a consent or waiver to or of any other breach of the same or any other
covenant, agreement or obligation unless in each case in writing signed by Landlord or Tenant,
whichever the case may be. Landlord's failure during the Term to prepare and deliver to Tenant
any bill, statement or notice with respect to any item of Fixed Rent or any increases thereto by
operation of any provision of this Lease, shall not in any way cause Landlord to forfeit or
surrender its right to collect any item of Fixed Rent which may become due during the Term nor
shall such failure extend the date(s) on which any such items of Fixed Rent is due. In no event
shall Landlord be deemed to have any obligation to bill any item of Fixed Rent or any increases
thereto. IN NO EVENT SHALL LANDLORD BE LIABLE FOR THE ACTS OF ANY TENANT OR
OCCUPANT. IN ADDITION, IN NO EVENT SHALL LANDLORD BE LIABLE FOR SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT
LIMITATION, TENANT'S LOST PROFITS OR GOOD WILL.
9.09 QUIET ENJOYMENT. Landlord covenants that Tenant, on paying the Fixed Rent
and performing all of Tenant's obligations under this Lease, shall peacefully and quietly have,
hold and enjoy the Demised Premises, the Common Areas and the appurtenances throughout
the Term without hindrance, ejection or molestation by any person lawfully claiming under
Landlord, subject to the terms and provisions of this Lease and to all mortgages and ground and
underlying leases of record to which this Lease may be or become subject and subordinate.
The parties acknowledge that as of the date of signing this Lease, the City is one of Tenant’s
clients and uses Tenant’s business services. Leasing space within the City Hall building is in no
way to be construed as entering into an employer-employee relationship.
9.10 NOTICES. Any notice, demand, waiver, approval or consent hereunder shall be in
writing and shall be deemed duly served if mailed by registered or certified mail, postage
prepaid, in any post office station or letter box in the continental United States, return receipt
requested, or sent by reputable overnight carrier with delivery charges prepaid and proof of
delivery service to be provided, addressed:
If to Tenant, to it at the address Tenant shall have last designated by notice to Landlord.
If to Landlord, to it at 933 Terrace St., Muskegon, MI 49443; Attention: City Manager or
such other address as Landlord shall have last designated by notice to Tenant. With a copy to,
Parmenter O’Toole at 601 Terrace Street, Muskegon MI 49440; Attention: John Schrier.
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Such notice, demand, waiver, approval or consent shall be deemed served two (2) days after
mailing, or the next business day if sent by reputable overnight carrier.
9.11 LEGAL EXPENSES. If a suit be brought for recovery of possession of the
Demised Premises, for the recovery of Fixed Rent, or because of the breach of any other
covenant, agreement or condition on the part of Tenant to be kept or performed, or a violation of
any rules and regulations promulgated pursuant to this Lease and a breach shall be established,
Tenant shall pay Landlord all expenses incurred in connection therewith, including appeals of
the above, including reasonable attorneys' fees and expenses. In case any such suit is settled
before judgment is entered therein, such costs, expenses and fees, including reasonable actual
attorney fees, shall nevertheless be recoverable by Landlord as part of said settlement.
9.12 INTERPRETATION. Irrespective of the place of execution or performance, this
Lease shall be governed by and construed in accordance with the laws of the state of Michigan.
9.13 LANDLORD'S RIGHTS. The taking of any action permitted hereunder by Landlord
shall not be construed or deemed to be a forcible or unlawful entry into or a detainer of the
Demised Premises, or an eviction, partial eviction or constructive eviction of Tenant from the
Demised Premises or any portion thereof and shall not relieve Tenant of its obligations under
this Lease.
9.14 COMPLETE AGREEMENT. There are no representations, agreements,
arrangements or understandings, oral or written, between the parties relating to the subject
matter of this Lease that are not fully expressed in this Lease. This Lease cannot be changed
or terminated orally or in any manner other than by a written agreement executed by both
parties. In making and executing this Lease, Tenant has relied solely on such investigations,
examinations and inspections as Tenant has chosen to make or has made and Tenant
acknowledges that Landlord has afforded Tenant the opportunity for full and complete
investigations, examinations and inspections.
9.15 SEVERABILITY. Should any one or more of the provisions of this Lease be
determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and
enforceability of the remaining provisions of this Lease shall not in any way be impaired or
affected.
9.16 COUNTERPARTS. This Lease may be executed in any number of counterparts,
each of which shall be an original, but all of which shall together constitute but one Lease.
9.17 TIME OF THE ESSENCE. Time is of the essence of each term, covenant,
condition and obligation of this Lease.
9.18 INDEPENDENT CONTRACTOR STATUS. Nothing in this Lease shall be deemed
to alter Tenant’s independent contractor status in relationship to Landlord. This Lease shall not
create an employee-employer relationship between Tenant and Landlord.
IN WITNESS WHEREOF, Landlord and Tenant have hereunto executed this Lease as of the
day and year first above written.
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LANDLORD:
City of Muskegon, a Michigan municipal corporation
By: _____________________________________
Stephen Gawron, Mayor
By: _____________________________________
Ann Cummings, City Clerk
TENANT:
SAFEbuilt Michigan, Inc., a Michigan foreign profit
corporation
By:__________________________________
Name:_______________________________
Title:________________________________
(Tenant's Federal Taxpayer Identification
Number is - 27-1314735 )
Page 14 of 14
CITY OF MUSKEGON, MICHIGAN
RENTAL PROGRAM AND ENVIRONMENTAL CODE COMPLIANCE
PROFESSIONAL SERVICES AGREEMENT
Proposed
This Agreement for Professional Services ("Agreement") is entered into by and between theCity of Muskegon,
a Michigan municipal corporation, 933 Terrace Street, Muskegon, MI 49440, ("City") and SAFEbuilt Michigan,
Inc., ("SAFEbuilt"), licensed to do business in the State of Michigan, whose address is 500 West Big Beaver
Road, Troy, Michigan 48083. City and SAFEbuilt are individually referred to as a"Party" and may be
collectively referenced as the "Parties."
RECITALS AND REPRESENTATIONS
WHEREAS, the City has the responsibility under State laws and City Ordinance to adopt andenforce adopted
ordinances, conduct inspections, andconduct other professional services as described in this Agreement; and
WHEREAS, SAFEbuilt has represented to the City that it has substantial knowledge andexperience in the
interpretation and application of the City's adopted Code of Ordinances with regard torental registration
program and environmental code compliance.
WHEREAS, SAFEbuilt represents that SAFEbuilt has the skill, ability, and expertise to performthe services
described in this Agreement; and
WHEREAS, the City desires to engage SAFEbuilt to provide the services described in thisAgreement subject
to the terms and conditions of the Agreement.
NOW, THEREFORE, in consideration of the benefits and obligations of this Agreement, theParties mutually
agree as follows:
1.0 AGREEMENT
1.1 References to "SAFEbuilt" shall include any employees of SAFEbuilt, itscontractors, subcontractors,
independent contractors.
2.0 SERVICES
2.1 Services. As directed by and under the supervision of the Director of Community and Economic
Development, or his/her designee, SAFEbuilt shall provide the City with the services described in
Exhibit A(“Scope of Services").
2.2 Incumbent Employees. SAFEbuilt is under no obligation to hire or retain current City of Muskegon
employees. SAFEbuilt will hire the best candidate for the available positions. SAFEbuilt will interview
all interested incumbent employees.
2.3 Changes to Services. The City may request a change or changes in theServices. Any changes to
Services that are mutually agreed upon between theCity and SAFEbuilt shall be made in writing which
shall specifically designate anychanges in compensation for the Services and be made an amendment
to theAgreement after approval by City Commission. To be effective, any changes must beapproved by
City Commission, and signed by SAFEbuilt and the Mayor and City Clerk.
3.0 COMPENSATION
3.1 Commencement of Services. Following execution of this Agreement by bothParties and on the Effective
Date of December 01, 2013 or thirty (30) days after SAFEbuilt’s receipt of this fully executed agreement;
whichever is later(the "Effective Date"), SAFEbuilt shall be authorizedto commence performance of the
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Services subject to the requirements andlimitations on compensation as provided by this Section 3.0
and its subsections.Prior to December 01, 2013 effective date, SAFEbuilt agrees to attend transition
trainingprovided by the City at no charge to the City. The purpose of this transitionperiod is to allow
SAFEbuilt to do what is necessary to become fully functional forthe performance of services under this
Agreement by December 01, 2013. During thistransition period, SAFEbuilt may begin moving into the
former Civil Service space,begin review of current staff and procedure &policies; confer with the
City'sInformation Technology Department regarding the City's BS&Asoftware and other items as
needed; and to take other actions that are mutually acceptable to both Parties toassure a smooth
transition.
3.2 Compensation. SAFEbuilt shall receive payment as specified in Exhibit B.
3.3 Hourly Fees. IfSAFEbuilt is required by the City to perform any service not included as part of itsScope
of Services outlined in Exhibit Athe City shall be responsible for thehourly rate listed in Exhibit B.
3.4 Collection of Fees. The Rental and Environmental Code Compliance Department, through SAFEbuilt,
shallcollect appropriate related fees on behalf of the City. The fees shall be set by the City Commission,
upon recommendation from City staff and SAFEbuilt.
Increases in Compensation or Addition of Reimbursable Expenses. Anyincreases or modification of
compensation or the addition of areimbursable expense(s) shall be subject to written amendment of
thisAgreement approved by City Commission and executed by both Parties. However, there isa pre-approved
three percent (3%) fee increase for the second and third years of service – December 01, 2014 through
November 30, 2015 and December 01, 2015 through November 30, 2016.
3.5 Payment Processing. SAFEbuilt shall submit invoices and requests for paymentin a form acceptable to
the City. Invoices shall be submitted by the 15thofeach month unless otherwise approved by this
Agreement or in writing by theCity. All invoices shall contain sufficient information to account for all
SAFEbuilttime (or other appropriate measure(s) of work effort for the Services during thestated period of
the invoice. Invoices shall be given to the Director of Community and Economic Developmentwith a
computation of the feesreceived. The City shall have thirty (30) days from receipt of the invoice to
issuepayment to SAFEbuilt’s corporate offices at: SAFEbuilt; 3755 Precision Drive, Suite 140; Loveland,
CO 80538 unless there is a dispute as to the amount due and owning. Ifthere is a dispute, the parties
shall use the procedures set out in paragraph 3.6.
3.6 City's Dispute of Amount of Payment. The City may request additionalinformation from SAFEbuilt
substantiating any and all compensation sought bySAFEbuilt before accepting the invoice. When
additional information is requestedby the City, the City shall advise SAFEbuilt in writing, identifying the
specificitem(s) that are in dispute and giving specific reasons for any request forinformation. The City
shall pay SAFEbuilt within thirty (30) days of the receiptof an invoice for any undisputed charges or, if
the City disputes an item or invoiceand additional information is requested, within thirty (30) days of
acceptance ofthe item or invoice by the City following receipt of the information requested andresolution
of the dispute. To the extent possible, undisputed charges within thesame invoice as disputed charges
shall be timely paid in accordance with thisAgreement. Payment by the City shall be deemed made and
completed uponhand delivery to SAFEbuilt or designee of SAFEbuilt or upon deposit of suchpayment in
the U.S. Mail, postage pre-paid, addressed to SAFEbuilt.
4.0 SAFEBUILT'S GENERAL RESPONSIBILITIES
4.1 Reference to "SAFEbuilt" shall include SAFEbuilt employees,contractors, subcontractors, independent
contractors, or anyone performingservices under this Agreement for SAFEbuilt.
4.2 SAFEbuilt shall provide to the City the work telephone numbers of all employees,including any mobile
telephones that will be used while performing servicesunder this Agreement. Mobile numbers will be for
use by city staff only. SAFEbuilt reserves the right to release mobile numbers to the public as warranted.
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4.3 The City shall provide copies and amendments of applicableCity Code of Ordinances,street maps or
other relevant materials to SAFEbuilt. These Code of Ordinances, streetmaps and all other materials
shall remain the property of the City and shall beturned into the City at the termination of this
Agreement. SAFEbuilt shall becomefamiliar with those documents and any unusual applications of
those documents to Cityissues. SAFEbuilt is obligated to affirmatively request from the City
suchinformation that SAFEbuilt, based on SAFEbuilt's professional experience, shouldreasonably
expect is available and which would be relevant to the performanceof the Services.
4.4 SAFEbuilt shall perform the Services in accordance with this Agreementand shall promptly inform the
City concerning ambiguities and uncertaintiesrelated to SAFEbuilt's performance that are not addressed
by the Agreement.
4.5 SAFEbuilt shall employ a sufficient number of employees sufficiently experiencedand knowledgeable to
perform the Services in a timely and prompt manner andsuch employees shall at all times act in a
professional, polite, and courteousmanner to all persons regardless of the circumstances.
4.6 SAFEbuilt shall not allow employees, contractors, or subcontractors that areconvicted of specific crimes
to do work in the City. Those crimes include,but are not limited to, fraud, theft, criminal sexual conduct,
assaultive or violentbehavior, serious moral turpitude, gambling, prostitution, weapons violations,
taxevasion, controlled substances, or excessive use of alcohol.
4.7 SAFEbuilt shall promptly comply with any written City request for the City or anyof its duly authorized
representatives to reasonably access and review anybooks, documents, and papers, other than
SAFEbuilt’s financial records, that are pertinent to SAFEbuilt’s performance under this Agreement for
the purpose of the City performingan audit, examination, or other reviewof the Services.
4.8 SAFEbuilt shall comply with all applicable federal, state and local laws,ordinances, regulations, and
resolutions.
4.9 SAFEbuilt shall be responsible at SAFEbuilt's expense for obtaining, and maintaining in a valid and
effective status, all licenses and permits necessary to perform the Services unless specifically stated
otherwise in this Agreement. SAFEbuilt shall supply copies to the City of appropriate licenses,
registrations and permits for any individual performing services under this Agreement.
4.10 If requested by the City, SAFEbuilt shall make the appropriate employees,contractors, subcontractors,
agents and independent contractors available forcourt proceeding, as witnesses, expert witnesses or
otherwise, instituted by orinvolving the City in either criminal or civil matters which involve
servicesperformed under this Agreement, including but not limited to, appearances atpre-trials, bench
trials, jury trial and at all other times requested by the City.
4.11 SAFEbuilt shall make the appropriate employee, contractor, subcontractor, andindependent contractor
available for consultation with the Director of Community and Economic Development and theCity
Attorney, or their designees, to discuss issues regarding litigation and/ormatters of interest to City
Commission or the public.
5.0 PERFORMANCE STANDARDS
5.1 In performing the Services, SAFEbuilt shall use that degree of care, skill, and professionalism ordinarily
exercised under similar circumstances by members of the same profession practicing or performing the
substantially same or similar services in the State of Michigan. SAFEbuilt represents to the City that
SAFEbuilt is, and its employees performing such Services are, properly licensed and/or registered
within the State of Michiganfor the performance of the Services (if licensure and/or registration is
required by applicable law) and that SAFEbuilt and employees possess the skills, knowledge, and
abilities to competently, timely,and professionally perform the Services in accordance with this
Agreement.
Page 3 of 14
5.2 In a timely manner, SAFEbuilt shall inform the Director of Community and Economic Developmentof all
oralcomplaints and submit a copy of all written complaints it receives from thirdparties against any
employee, contractor, subcontractor or independentcontractor of SAFEbuilt to the Director of
Community and Economic Developmentand inform the Director of Community and Economic
Developmentof any responses to the complaint or of any actions taken.
5.3 The Parties mutually agree that SAFEbuilt's actions reflect on the reputation ofthe City. It is imperative
to the City that SAFEbuilt treats the City and the publicwith the utmost fairness and respect. SAFEbuilt
shall strictly comply with all theterms and conditions set out in this Agreement.
6.0 LEASING OF CITY PROPERTY - OFFICE SPACE
6.1 The City of Muskegon and SAFEbuilt shall execute and adhere to the obligations of a rental lease as
outlined in Exhibit C.
7.0 USE OF CITY SOFTWARE
7.1 The City is licensed to use BS&A software. The City has obtained permission from BS&A to allow
SAFEbuilt tohave access to the City's BS&Asoftware as long as that software is only usedby SAFEbuilt
to perform the services under this Agreement and the Building Department Services Agreement for the
City. SAFEbuilt acknowledges that the license to use the BS&Asoftwareterminates with the termination
of these Agreements.
7.1.1 Upon SAFEbuilt service start date all Environmental Code Compliance Case
identification numbers; Rental Program identification numbers; identification numbers
will incorporate a prefix that signifies case or registration was generated under this
agreement.
7.2 SAFEbuilt shall provide an original signed statement from each of its employeesacknowledging that
he/she understands that the BS&A software is the soleproperty of BS&A and at no time may he/she
download, copy, alter, or takeother prohibited actions regarding that software. SAFEbuilt is permitted to
usestandard City software loaded on the City's computers leased under Section 7,for example,
Microsoft Office and Outlook email. SAFEbuilt's right to use thesoftware applies only to work performed
for the City and any rights to theuse of that software ceased upon their termination by SAFEbuilt and/or
thetermination of the Agreement.
7.3 SAFEbuilt agrees to defend, pay on behalf of, indemnify, and hold harmless theCity, its elected and
appointed officials, employees, and volunteers against anyclaims, demands, suits or loss, and for any
damages which may be asserted,claimed or recovered against or from the City, its elected and
appointed officials,employees or volunteers by reason of any allegation of illegal use or misuse
ofBS&Asoftware or a violation of the licensing agreement by SAFEbuilt.
8.0 MISCELLANOUS INVENTORY & SUPPLIES
8.1 SAFEbuilt shall supply all of its own office supplies and materials, including, but notlimited to, postage,
paper, envelopes, letterhead and business cards. Any inventory orsupplies not specifically set out in this
Agreement as included in any lease, rental or useprovisions shall be the responsibility of SAFEbuilt. Any
time SAFEbuilt uses the name"City of Muskegon" or the City logo on letterhead, documents, envelopes,
businesscards, or other printed materials, it must also include a SAFEbuilt designation approvedby the
City.
9.0 TERM AND TERMINATION
9.1 Term. This Agreement shall be effective on the December 01, 2013 or thirty (30) days after SAFEbuilt’s
receipt of this fully executed agreement; whichever is later, (the"Effective Date") and shall terminate
onNovember 30, 2016. At the end of the three (3) year period, and upon mutual agreement of theparties
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as approved by City Commission, this Agreement may be renewed for up to atwo (2) year period. This
Agreement may also be terminated as provided inparagraph 9.3.
9.2 Continuing Services Required. SAFEbuilt shall perform the Services inaccordance with this Agreement
commencing on the Effective Date until suchServices are terminated or suspended in accordance with
this Agreement. SAFEbuilt shall not temporarily delay, postpone, or suspend the performance of
theServices without the written consent of the City Commission, City Manager, Director of Community
Development or aperson expressly authorized in writing to direct SAFEbuilt's services.
9.3 City Unilateral Termination. This Agreement may be terminated by the City forany or no reason upon
written notice delivered to SAFEbuilt at least ninety (90)days prior to termination. In the event of the
City's exercise of the right ofunilateral termination as provided by this paragraph:
9.3.1 Unless directed to continue performing work during the ninety (90) dayperiod prior to
termination or unless otherwise provided in any notice oftermination, SAFEbuilt shall
provide no further services and receive no compensation for any unauthorized
services rendered in connection withthis Agreement after receipt of a notice of
termination; and
9.3.2 All finished or unfinished documents, data, studies and reports preparedby SAFEbuilt
pursuant to this Agreement shall be delivered by SAFEbuiltto the City and shall
become the property of the City; and
9.3.3 SAFEbuilt shall submit to the City a final accounting and final invoice ofcharges for all
outstanding and unpaid Services and reimbursableexpenses performed prior to
SAFEbuilt's receipt of notice of terminationand for any services authorized to be
performed by the notice oftermination as provided by Section 9.3. Such final
accounting and finalinvoice shall be delivered to the City within thirty (30) days of the
date oftermination; thereafter, no other invoice, bill, or other form of statement
ofcharges owing to SAFEbuilt shall be submitted to or accepted by the City.
9.4 Termination for Non-Performance. Should a Party to this Agreement fail tomaterially perform in
accordance with the terms and conditions of thisAgreement, this Agreement may be terminated by the
performing Party if theperforming Party first provides written notice to the non-performing Party
whichnotice shall specify the non-performance, provide both a demand to cure thenon-performance and
reasonable time to cure the non-performance, and state adate upon which the Agreement shall be
terminated if there is a failure to timelycure the non-performance. For purpose of this Section 9.4,
"reasonable time"shall be not less than five (5) business days. In the event of a failure to timelycure a
non-performance and upon the date of the resulting termination for nonperformance,SAFEbuilt prepare
a final accounting and final invoice of chargesfor all performed but unpaid Services and authorized
reimbursable expenses.Such final accounting and final invoice shall be delivered to the City within
fifteen(15) days of the date of termination; thereafter, no other invoice, bill, or otherform of statement of
charges owing to SAFEbuilt shall be submitted to oraccepted by the City. Provided that notice of non-
performance is provided inaccordance with this Section 9.4, nothing in this Section 9 shall prevent,or
limit any claim or action for default or breach of contract resultingfrom non-performance by a Party.
9.5 Unilateral Suspension of Services. The City may suspend SAFEbuilt'sperformance of the Services at
the City's discretion and for any reason bydelivery of written notice of suspension to SAFEbuilt which
notice shall state aspecific date of suspension. Upon receipt of such notice of suspension, SafeBuilt
shall immediately cease performance of the Services on the date ofsuspension except: (1) as may be
specifically authorized by the notice ofsuspension (e.g., to secure the work area from damage due to
weather or tocomplete a specific report or study); or (2) for the submission of an invoice forServices
performed prior to the date of suspension in accordance with thisAgreement.
9.6 Reinstatement of Services Following City's Unilateral Suspension. The City mayat its discretion direct
SAFEbuilt to continue performance of the Servicesfollowing suspension. If such direction by the City is
made within (30) days of thedate of suspension, SAFEbuilt shall recommence performance of the
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Services inaccordance with this Agreement. If such direction to recommence suspendedServices is
made more than thirty-one (31) days following the date ofsuspension, SAFEbuilt may elect to: (1)
provide written notice to the City thatsuch suspension is considered a unilateral termination of this
Agreementpursuant to Section 9.3; or (2) recommence performance in accordance withthis Agreement;
or (3) if suspension exceeded sixty (60) consecutive days,request from the City an equitable adjustment
in compensation or a reasonablere-start fee and, if such request is rejected by the City, to provide
written notice tothe City that such suspension and rejection of additional compensation isconsidered a
unilateral termination of this Agreement pursuant to Section 9.3.Nothing in this Agreement shall
preclude the Parties from executing a writtenamendment or agreement to suspend the Services upon
terms and conditionsmutually acceptable to the Parties for any period of time.
9.7 Delivery of Notice of Termination. Any notice of termination permitted by thisSection 9 and its
subsections shall be deemed given as set out in Section 15.13of this Agreement titled "Notices".
10.0 INSURANCE
10.1 Insurance Generally. SAFEbuilt shall obtain and shall continuously maintainduring the term of this
Agreement insurance of the kind and in the amountsspecified as follows:
The Contactor shall secure and maintain the following ("RequiredInsurance"):
Worker's compensation insurance to cover obligations imposed byapplicable law for any employee
engaged in the performance ofwork under this Agreement, and Employer's Liability insurancewith
minimum limits of one hundred thousand dollars ($100,000)each accident, five hundred thousand
dollar ($500,000) disease -policy limit, and one hundred thousand dollars ($100,000) disease- each
employee. Evidence of qualified self-insured status maybe substituted for the worker's compensation
requirements of thisparagraph.
Commercial general liability insurance with minimum combinedsingle limits of one million dollars
($1,000,000) each occurrenceand two million dollars ($2,000,000) general aggregate. Thepolicy shall
be applicable to all premises and operations. Thepolicy shall include coverage for bodily injury, broad
form propertydamage (including completed operations), personal injury(including coverage for
contractual and employee acts), blanketcontractual, independent Corporations, an Annual
ContractAggregate Limit endorsement, and products and completedoperations. The policy shall
contain a severability of interestprovision, and shall be endorsed to include the Municipalityincluding
Architects and Engineers, all elected and appointedofficials, all employees and volunteers, boards,
commissionsand/or authorities and their board members, employees, andvolunteers as additional
insured. No additional insuredendorsement shall contain any exclusion for bodily injury orproperty
damage arising from completed operations.
Comprehensive Automobile Liability insurance with minimumcombined single limits for bodily injury
and property damage of notless than of One Million Dollars ($1,000,000.00) each occurrencewith
respect to each of SAFEbuilt's owned, hired and non-ownedvehicles assigned to or used in
performance of the Services. Thepolicy shall contain a severability of interest’s provision.
Suchinsurance coverage must extend to all levels of subcontractors.Such coverage must include all
automotive equipment used in theperformance of the Agreement, both on the work site and off
thework site, and such coverage shall include non-ownership andhired cars coverage. Such insurance
shall be endorsed to namethe City as Certificate Holder and name the City, and its electedofficials,
officers, employees and agents as additional insuredparties.
Professional Liability (errors and omissions) Insurance with aminimum limit of coverage of One
Million Dollars ($1,000,000) perclaim and annual aggregate. Such policy of insurance shall beobtained
and maintained for one (1) year following completion ofall Services under this Agreement. Such policy
of insurance shallbe endorsed to include the City as a Certificate Holder.
The Required Insurance shall be procured and maintained withinsurers licensed and admitted in
Michigan with an A- or betterrating as determined by Best's Key Rating Guide. All RequiredInsurance
shall be continuously maintained to cover all liability,claims, demands, and other obligations assumed
by SAFEbuilt.
Page 6 of 14
10.2 Additional Requirements for All Policies. In addition to specific requirementsimposed on insurance by
this Section 10 and its subsections, insurance shallconform to all of the following:
10.2.1 Insurance carried or obtained by the City, its officers, or its employeesshall be in
excess of and not contributory insurance to that provided bySAFEbuilt; provided,
however, that the City shall not be obligated toobtain or maintain any insurance
whatsoever for any claim, damage, orpurpose arising from or related to this
Agreement and the Services. SAFEbuilt shall not be an insured party for any City-
obtained insurance policyor coverage.
10.2.2 SAFEbuilt shall be solely responsible for any deductible losses forRequired Insurance.
10.2.3 No policy of insurance shall contain any exclusion for bodily injury orproperty damage
arising from completed operations.
10.2.4 Every policy of insurance shall provide that the City will receive notice noless than
thirty (30) days prior to any cancellation, termination, or amaterial change in such
policy.
10.3 Failure to Obtain or Maintain Insurance. SAFEbuilt's failure to obtain andcontinuously maintain
policies of insurance in accordance with this Section 10 andits subsections shall not limit, prevent,
preclude, excuse, or modify any liability,claims, demands, or other obligations of SAFEbuilt arising from
performance ornon-performance of this Agreement. Failure on the part of SAFEbuilt to obtain andto
continuously maintain policies providing the required coverage, conditions,restrictions, notices, and
minimum limits shall constitute a material breach of thisAgreement upon which the City may
immediately terminate this Agreement, or, atits discretion, the City may procure or renew any such
policy or any extendedreporting period thereto and may pay any and all premiums in
connectiontherewith, and all monies so paid by the City shall be repaid by SAFEbuilt to theCity
immediately upon demand by the City, or at the City's sole discretion, the Citymay offset the cost of the
premiums against any monies due to SAFEbuilt from theCity pursuant to this Agreement.
10.4 Insurance Certificates. Prior to commencement of the Services, SAFEbuilt shallsubmit to the City
certificates of insurance for all Required Insurance. Insurancelimits, term of insurance, insured parties,
and other information sufficient todemonstrate conformance with this Section 10 and its subsections
shall beindicated on each certificate of insurance. Certificates of insurance shall
referenceSAFEbuiltContracted Services. The City may request and SAFEbuiltshall provide within ten
(10) business days of such request a current certifiedcopy of any policy of Required Insurance and any
endorsement of such policy.The City may, at its election, withhold payment for Services until the
requestedinsurance policies are received and found to be in accordance with theAgreement.
11.0 OWNERSHIP OF DOCUMENTS
11.1 Any work product, materials, and documents produced by SAFEbuilt pursuant tothis Agreement shall
be and remains property of the City and shall not be madesubject to any copyright unless authorized by
the City. SAFEbuilt hereby assignsto the City the copyright to all works prepared, developed, or created
pursuant tothe Services outlined in this Agreement, including the rights to: (1) reproduce thework; (2)
prepare derivative works; (3) distribute copies to the public by sale,rental, lease, or lending; (4) perform
the works publicly; and (5) to display thework publicly. SAFEbuilt waives its rights to claim authorship of
the works, toprevent its name from being used in connection with the works, and to preventdistortion of
the works.
Other materials, methodology and proprietary work used or provided by SAFEbuilt to the City not
specifically created and delivered pursuant to the Servicesoutlined in this Agreementmay be protected
by a copyright held by SAFEbuiltand SAFEbuilt reserves all rights granted to it by any copyright. The
City shallnot reproduce, sell, or otherwise make copies of any copyrighted material,subject to the
following exceptions: (1) for exclusive use internally by City staffand/or employees; or (2) pursuant to a
Page 7 of 14
request under the Michigan Freedom ofInformation Act, MCl 15.231 et. seq., or any Federal open
records act, to theextent that such statutes apply; or (3) pursuant to law, regulation, or court
order.SAFEbuilt waives any right to prevent its name from being used in connectionwith the Services.
11.2 SAFEbuilt will be provided with a copy of the City's Freedom of Information Act("FOIA") policy. The
City is responsible for responses to FOIA requests and SAFEbuilt shall not directly respond to any third
parties regarding any received FOIArequests. Upon receipt of a FOIA request, SAFEbuilt shall
immediately give thatrequest to the CityClerk. SAFEbuilt shall provide specific information requested by
the City forresponse to the FOIA request by the date and time requested by the City Clerk orin a specific
format is so requested by the City Clerk.
11.3 If SAFEbuilt receives a claim for damages, a Summons or Complaint, asubpoena or other document
concerning a request for money damages, a threatof a law suit, or any court action proceeding,
SAFEbuilt shall immediately handdeliver these documents to the City Clerk along with copies of all
relevant documents.
12.0 INDEPENDENT CONTRACTOR.
12.1 SAFEbuilt shall perform the Services as an independent contractor and shall not bedeemed by virtue
of this Agreement to have entered into any partnership, joint venture,employer/employee or other
relationship with the City other than as a contracting partyand independent contractor.
13.0 CONFLICT OF INTEREST
13.1 SAFEbuilt shall refrain from providing services to other persons, firms, or entities thatwould create a
conflict of interest for SAFEbuilt with regard to providing the Servicespursuant to this Agreement.
SAFEbuilt shall not offer or provide anything of benefit toany City official or employee that would place
the official or employee in a position ofviolating the public trust as provided under the City Charter, City
Code of Ordinance,state or federal statute, case law or ethical principles.
14.0 REMEDIES
14.1 In addition to any other remedies provided for in this Agreement, and withoutlimiting its remedies
available at law, the City may exercise the following remedialactions if SAFEbuilt substantially fails to
perform the duties and obligations of thisAgreement. Substantial failure to perform the duties and
obligations of thisAgreement shall mean a significant, insufficient, incorrect, or improperperformance,
activities or inactions by SAFEbuilt. The remedial actions include:
14.1.1 Suspend SAFEbuilt's performance pending necessary corrective action asspecified by
the City without SAFEbuilt's entitlement to an adjustment inany charge, fee, rate, price,
cost, or schedule; and/or
14.1.2 Withhold payment to SAFEbuilt until the necessary services or correctionsin
performance are satisfactorily completed; and/or
14.1.3 Deny payment for those services which have not been satisfactorilyperformed, and
which, due to circumstances caused by SAFEbuilt, cannotbe performed, or if
performed would be of no value to the City; and/or
14.1.4 Terminate this Agreement in accordance with this Agreement.
The foregoing remedies are cumulative and the City, in its sole discretion, may exerciseany or all of the
remedies individually or simultaneously.
15.0 MISCELLANEOUS PROVISIONS
15.1 No Waiver of Rights. A waiver by any Party to this Agreement of the breach ofany term or provision of
this Agreement shall not operate or be construed as awaiver of any subsequent breach by either Party.
The City's approval oracceptance of, or payment for, services shall not be construed to operate as
awaiver of any rights or benefits to be provided under this Agreement. Nocovenant or term of this
Page 8 of 14
Agreement shall be deemed to be waived by the Cityexcept in writing signed by the City Commission or
by a person expressly authorizedto sign such waiver by resolution of the City Commission of the City
and any writtenwaiver of a right shall not be construed to be a waiver of any other right or to be
acontinuing waiver unless specifically stated.
15.2 No Waiver of Governmental Immunity. Nothing in this Agreement shall beconstrued to waive, limit, or
otherwise modify any governmental immunity thatmay be available by law to the City, its officials,
employees, contractors, oragents, volunteers or any other person acting on behalf of the City and,
inparticular, governmental immunity afforded or available pursuant to the MichiganGovernmental
Immunity Act, MCL 691.1401, et. seq.
15.3 Affirmative Action.SAFEbuilt will not discriminate against any employee orapplicant for employment
because of race, color, religion, sex or national origin.SAFEbuilt will take affirmative action to ensure
applicants are employed, andemployees are treated during employment without regard to their race,
color,religion, sex or national origin. Such action shall include, but not be limited to thefollowing:
employment, upgrading, demotion or transfer; recruitment orrecruitment advertising; layoff or
termination; rates of payor other forms ofcompensation; and selection for training, including
apprenticeship.
15.4 Binding Effect. The Parties agree that this Agreement, by its terms, shall bebinding upon the
successors, heirs, legal representatives, and assigns.
15.5 No Third Party Beneficiaries. Nothing contained in this Agreement is intended toor shall create a
contractual relationship with, cause of action in favor of, or claimfor relief for, any third party, including
any agent, Sub-consultant or subcontractorof SAFEbuilt. Absolutely no third party beneficiaries are
intended bythis Agreement. Any third-party receiving a benefit from this Agreement is anincidental and
unintended beneficiary only.
15.6 Governing Law, Venue, and Enforcement. This Agreement shall be governed byand interpreted
according to the law of the State of Michigan. Venue for anyaction arising under this Agreement shall be
in the County of Muskegon. If there is any conflict between the language of this Agreement andany
exhibit or attachment, the language of this Agreement shall govern.
15.7 Survival of Terms and Conditions. The Parties understand and agree that allterms and conditions of
the Agreement that require continued performance,compliance, or effect beyond the termination date of
the Agreement shall survivesuch termination date and shall be enforceable in the event of a failure to
performor comply.
15.8 No Assignment. Neither Party shall assign all or part of the rights, duties,responsibilities, obligations,
and/or benefits set forth in this Agreement to anotherparty or entity without prior written approval of the
Parties.
15.9 Paragraph Captions. The captions of the paragraphs are set forth only for theconvenience and
reference of the Parties and are not intended in any way todefine, limit or describe the scope or intent of
this Agreement.
15.10 Integration and Amendment. This Agreement represents the entire andintegrated agreement between
the City and SAFEbuilt, limited to the City’s Rental Registration Program and Environmental Code
Compliance, as defined in the Scope of Services, and supersedes all priornegotiations, representations,
or agreements, either written or oral, unlessspecified herein. Any amendments to this must be in writing
and be signed byboth the City and SAFEbuilt.
15.11 Severability. Invalidation of any of the provisions of this Agreement or anyparagraph sentence, clause,
phrase, or word herein or the application thereof inany given circumstance shall not affect the validity of
any other provision of thisAgreement.
Page 9 of 14
15.12 Incorporation of Exhibits. Unless otherwise stated in this Agreement, exhibits,applications, or
documents referenced in this Agreement shall be incorporatedinto this Agreement for all purposes. In
the event of a conflict between anyincorporated exhibit and this Agreement, the provisions of this
Agreement shallgovern and control.
15.13 Notices. Unless otherwise specifically required by a provision of this Agreementany notice required or
permitted by this Agreement shall be in writing and shallbe deemed to have been sufficiently given for
all purposes if sent by certified mailor registered mail, postage and fees prepaid, addressed to the Party
to whomsuch notice is to be given at the address set forth below or at such other addressas has been
previously furnished in writing, to the other Party. Such notice shallbe deemed to have been given when
deposited in the United States Mailproperly addressed to the intended recipient.
If to the City: If to SAFEbuilt:
Director of Community and Economic Mike McCurdie, President
Development- SAFEbuilt Corporate Offices
City of Muskegon 3755 Precision Drive, Suite 140
PO Box 536 / 933 Terrance Street Loveland, CO 80538
Muskegon, MI 49440
With Copy to: With Copy to:
John C. Schrier David Thomsen, Vice President
Parmenter O’Toole Attorneys at Law SAFEbuilt Corporate Offices
601 Terrace Street 3755 Precision Drive, Suite 140
Muskegon, MI 49440 Loveland, CO 80538
16.0 SPECIAL PROVISIONS
16.1 Indemnification and Hold Harmless. To the fullest extent permitted by law, SAFEbuilt shall be liable for
and shall defend, save, indemnify, and hold harmless the City, its elected and appointed officials,
employees and volunteers and others working on behalf of the City, from and against any and all claims,
demands, suits, costs (including reasonable legal costs), expenses, and liabilities by reason of personal
injury, including bodily injury or death and/or property damage to the extent that any such injury, loss or
damage is caused by the negligence or breach of duty of SAFEbuilt or any officer, employee,
representative, or agent of SAFEbuilt. At no time does the City waive its right to governmental
immunity.
16.2 Force Majeure. Neither SAFEbuilt nor the City shall be liable for any delay in, orfailure of performance
of, any covenant or promise contained in this Agreement,nor shall any delay or failure constitute default
or give rise to any liability fordamages if, and only to extent that, such delay or failure is caused by
"forcemajeure." As used in this Agreement, "force majeure" means acts of God, acts ofthe public
enemy, unusually severe weather, fires, floods, epidemics,quarantines, strikes, labor disputes and
freight embargoes, to the extent suchevents were not the result of, or were not aggravated by, the acts
or omissions ofthe non-performing or delayed party.
16.3 Authority. The individuals executing this Agreement represent that they areexpressly authorized to
enter into this Agreement on behalf of City andSAFEbuilt and bind their respective entities.
16.4 SB 313. In the event that Senate Bill 313 is passed into law by the legislature of Michigan, the parties
both have the option to renegotiate the terms of this contract as it pertains to enforcement of the rental
registration provisions of the City Code of Ordinances.
Page 10 of 14
THIS AGREEMENT is executed and made effective as provided above.
City of Muskegon, MI SAFEbuiltMichigan, Inc.
_________________________________ _________________________________
Signature Signature
Name: ___________________________ Name: ___________________________
Title: ____________________________ Title: ____________________________
Date: _________/_________/_________ Date: _________/_________/_________
_________________________________
ATTEST Signature
_________________________________
Name / Title
Date: _________/_________/_________
Page 11 of 14
EXHIBIT A: Scope of Services
Administrative Services
Provide onsite administrative staff
Provide front counter services during City Hall business hours
Answer questions at the counter or over the phone and provide ongoing communication as needed
Review and provide handouts at the counter
Provide input, tracking, and reporting using the City’s current system (BS&A)
Upon SAFEbuilt service start date all Environmental Code Compliance Case identification numbers;
Rental Program identification numbers will incorporate a prefix that signifies case or registration was
generated under this agreement.
Implement performance measurements to ensure mutually agreed upon service levels
Review applicable ordinances and provide verbiage to facilitate improvement of content for City
Commission approval
Work with the City Clerk to facilitate Freedom of Information Act (FOIA) requests
Report directly to the position of Director of Community and Economic Development
Attend required meetings including City and Planning Commissions
Attend required staff level meeting with City staff, public officials, community leaders, and the public
Submit monthly activity and compliance reports to the Director of Community and Economic
Development
Rental Program & Environmental Code Compliance Services
Monitor and enforce applicable City adopted ordinances
Article VI – Property Maintenance Code will be enforced with the exception of Section 10-303 (not
currently enforced) and Section 10-335
Environmental code compliance focus will be residential “grasses, trash, and leaves”
Act as an educator of ordinances and regulations as adopted or amended, so that citizens and
businesses understand requirements and time frames for becoming compliant
Document areas of non-compliance using written records, electronic communications, photographs or
other appropriate means
Prepare and maintain all materials for any court action in a form approved by the court, City ordinance,
and State statute
Attend court sessions – as required
Prepare and maintain all reports, issue citations and other documents for action
Prepare and distribute invoicing with regards to rental and environmental code compliance to citizens,
tenant and/or owners
Go through existing records , provide clean up, and then make sure department is facilitating the proper
retention of records in accordance with adopted retention schedules on an ongoing basis
Provide training for our inspectors on City of Muskegon ordinances and amendments
Inspection Services
Provide rental inspections as mutually scheduled with tenant and/or owner and provide follow-up as
required
Patrol to identify violations of City Environmental Code Ordinances, especially focused on residential
violations such as overgrown vegetation; trash and debris; grass and terrace violations
Responds to and investigate environmental code violation complaints within 48 hours and provide
follow-up as required
Respond to and investigate terrace violations with 24 hours and provide follow-up as required
Contact, inform, and warn tenants and/or owners of identified violations and compliance deadlines
Issue citations, violation notices, and follow-up letters on violations of applicable City ordinances
Observe safety and security procedures and report potentially unsafe conditions
Notify appropriate city staff when we observe vacant/dangerous buildings
Administrative Front Counter Services
Provide a qualified team member to facilitate front counter administration
Determine and collect fees and fines
Provide inspection coordination, scheduling and tracking
Page 12 of 14
Provide customer service
Respond to citizen complaints and communicate effectively with citizens
SAFEbuilt Provides
SAFEbuilt would propose leasing former Civil Service space from the City of Muskegon and will provide:
Vehicles, vehicle maintenance, and insurance
All hiring expenses
Ongoing training and certification of employees
Office supplies and business papers
All office furniture and equipment –including copier and desk phones.
Office computer hardware and software
Cell phones and usage
City Provides
City of Muskegon will:
Provide the former Civil Service space for lease to SAFEbuilt at the rate of $200.00 per month. This
lease rate includes all utilities except for land lines for phone.
Allow SAFEbuilt to service other W. Michigan communities from the leased space within City Hall
Negotiate in good faith with regard to selling and/or include in the lease for space; existing cubicle
dividers, desks, file cabinets, shelves, tables, floor mats and wall document holders that are currently in
the Civil Services space
Absorb costs associated with the electronic storage of service related records – SAFEbuilt will facilitate
the conversion and storage process if so desired by the City
Provide SAFEbuilt access to water billing records and assessors data in order to help find unregistered
rental properties
Issue citations through the city attorneys’ office when provided with documentation from SafeBuilt of
evidence from an investigation into an ordinance violation.
Page 13 of 14
EXHIBIT B: Fee Schedule
SAFEbuilt’s fees are all inclusive with no separate billing for:
Wages/Benefits
Mileage/Vehicle Expense
Materials
Disbursement (copying, telephone rates, courier services)
Fee Schedule
Year One – December 1st, 2013 through November 30t, 2014 - billed monthly in the amount of $34,170 per
month.
Year Two – December 1st, 2014 through November 30th, 2015 – 3% increase over year one amount - billed
monthly in the amount of $35,195 per month.
Year Three – December1st, 2015 through November 30th, 2016 – 3% increase over year two amount - billed
monthly in the amount of $36,251 per month
Hourly rate - $70.00 per hour – if meets specifications outlined in section 3.3 – hourly rate subject to 3%
annual increase.
Responsibilities
The City of Muskegon is responsible for unreimbursed costs associated with these rental program and
environmental code compliance services on all cases, registrations and complaints prior to December 01,
2013 or thirty (30) days after SAFEbuilt’s receipt of this fully executed agreement; whichever is later(the
"Effective Date")
SAFEbuilt is responsible for unreimbursed costs on residential private lots (Non - City, County and Land
Bank lots) associated with environmental code compliance services on all cases, registrations and complaints
after December 01, 2013or thirty (30) days after SAFEbuilt’s receipt of this fully executed agreement;
whichever is later(the "Effective Date").
Unreimbursed costs include:
Residential lot clean-up
Residential lot mowing
Yard clean-up/mowing
Yard clean-up/trash
Net Revenue Volume Discount
The net revenue generated from this agreement willnot count toward the total for the annual volume discount
incentive as called for in the City of Muskegon/SAFEbuilt Professional Services Agreement for building
department services that was effective November 01, 2012.
Rental Program Revenue
If revenue during an agreement year from rental properties exceeds $160,000; then the City of Muskegon and
SAFEbuilt will split any revenue greater than $160,000 equally. Fees included in this calculation are:
Housing–Warrant Inspection
Late Fee on Rental Registration
Rental Property Non-Compliance
Rental Property Registration
Rental Property Inspection No-Show
Page 14 of 14
Commission Meeting Date: November 12, 2013
Date: November 5, 2013
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department
RE: Next Michigan/West Michigan Economic
Partnership- Interlocal Agreement for the West
Michigan Economic Development Partnership
SUMMARY OF REQUEST: The West Michigan Economic Partnership (WMEP)
Board is prepared to recommend Next Michigan zones for our jurisdictions at their
next meeting on November 13, 2013. Once approved by the WMEP, the zones will
be forwarded to the Michigan Economic Development Corporation (MEDC) for final
approval. Once the zones are approved, the MEDC, as well as local entities, may
start marketing them for development. In addition, the WMEP is expected to receive
a marketing grant from MEDC to assist with its efforts. The zone recommended for
Muskegon starts at the Mart Dock property and proceeds to the Verplank property,
along the shoreline. It is anticipated that additional land may be added in the future
(i.e., the Consumers Energy parcel/s).
FINANCIAL IMPACT: WMEP has established a budget of $69,314 for a two-year
period. Each of the five participating municipalities will be responsible for $9,862.80.
In Muskegon’s case, we have commitments from Mart Dock, Verplank, Consumers
Energy, the County and the City to meet the budget.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To recommend approval to the WMEP for the Next
Michigan Zone for Muskegon, as depicted on the attached map. The zone starts at
Mart Dock on the West and proceeds along the Muskegon Lake shoreline to the
Verplank property on the East.
DATE: 11/12/2013
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #: EN130114
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
224 W GRAND AVE is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.
Case# & Project Address: # EN130114 - 224 W GRAND AVE (All Structures)
Location and ownership: This structure is located on W. Grand Ave. between 6th
and 7th Streets and is owned by SHIELDS MARGARETTA/CHRISTOPHER.
Staff Correspondence: A dangerous building inspection was conducted on
10/24/12. The Notice and Order to Repair was issued on 8/26/2013. On
10/03/2013 the HBA declared the structure substandard and dangerous.
Owner Contact: The owners were not present for the HBA meeting dated
10/03/2013 but a neighbor came in and spoke in favor of declaring this a
dangerous building. All notices sent to the owners as certified mail have returned
unclaimed and the notices sent to the County Treasurer were signed with the
card returned. No permits have been issued and no inspections scheduled.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $ 42,000
Estimated cost to repair: $ 26,000 (this does not include the interior the cost for
interior)
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
CITY OF MUSKEGON
CODE COMPLIANCE DEPARTMENT
933 TERRACE ST STE 202
MUSKEGON, MI 49440
(231) 724-6766 (Office)
(231) 724-6790 (Fax)
DANGEROUS BUILDING REPORT
224 W GRAND AVE
10/24/2012
Inspection noted:
Exterior Inspection:
1) Roof has shingles that are deteriorated and need replacing.
2) All areas of trim have peeling paint that needs to be scraped and needs to be protected
from weather by properly applied water-resistant paint or waterproof finish.
3) No electric meter – electricity must be turned on so it can be tested prior to issuance of a
certificate of compliance.
4) East side electric box – east side electric box is hanging by the wires.
5) East side basement window is broken
6) Areas of siding has holes, missing or rotted.
7) Rear doorway has been closed off and the material used does not blend with the rest of
the siding.
8) Rear window has been closed off and the material used does not blend with the siding.
9) Backyard – there was an above ground pool that is no longer there, with a deck built
around it. This is not safe and must be removed or made to be safe.
10) Backyard has furniture in the yard where the pool was.
11) Concrete pad – there is a drop off at the edge of the concrete pad. This is not safe, please
make safe by a guardrail or steps with handrails/ This type of repair will need a permit.
Please call SAFEBuilt (231) 724-6715 with any questions and to obtain the permit.
12) Sections of fencing – there are sections of fencing that are damaged or missing. Please
repair/rebuild/or remove. Repairing or replacing may need a permit. Please call the
Zoning Administrator at (231) 724-6702 to see if you need a permit.
13) The interior was locked and the inspector could not inspect the inside for the rental
inspection process.
Dan Cannady, Code Compliance Inspector
BASED UPON A RECENT INSPECTION OF THE ABOVE PROPERTY, IT HAS BEEN
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS
AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 10-61 OF THE
MUSKEGON CITY CODE.
224 W Grand photos taken by Code Compliance Inspector
DATE: 11/12/2013
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #: EN130044
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
850 TURNER AVE is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.
Case# & Project Address: # EN130044 - 850 TURNER AVE (All Structures)
Location and ownership: This structure is located on Apple Ave. between
Kenneth and Holt Streets and is owned by PONIROS QUITITES LLC.
Staff Correspondence: A dangerous building inspection was conducted on
5/09/2013. The Notice and Order to Repair was issued on 6/25/2013. On
8/01/2013 the HBA declared the structure substandard and dangerous.
Owner Contact: No one was present for the HBA meeting dated 8/01/2013. All
notices sent certified mail have returned unclaimed. No permits have been
issued and no inspections scheduled.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $ 12,300
Estimated cost to repair: $ 40,500
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
CITY OF MUSKEGON
CODE COMPLIANCE DEPARTMENT
933 TERRACE ST STE 202
MUSKEGON, MI 49440
(231) 724-6766 (Office)
(231) 724-6790 (Fax)
DANGEROUS BUILDING REPORT
850 TURNER AVE
5/09/2013
Inspection noted:
1. The roof is deteriorated and needs to be completely replaced.
2. Windows are missing/boarded
3. The soffit is damaged/missing
4. The doors are missing or needs replacement
5. The steps are deteriorated and deed replacing.
6. Floor Joists are in need of repair/replacement
7. Foundation has cracks or is missing in places
8. Dry wall is missing thoughout the home
9. Plumbing is missing or needs replacing
10. The entire structure needs to be properly scraped and painted.
John Schultz, Code Compliance Inspector
BASED UPON A RECENT INSPECTION OF THE ABOVE PROPERTY, IT HAS BEEN
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS
AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 10-61 OF THE
MUSKEGON CITY CODE.
Front of home
Rear of home Side of home – no meter
Front of home (left) Front of home (right)
DATE: 11/12/2013
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #: EN130022
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
860 EMERSON AVE (GARAGE ONLY) is unsafe, substandard, a public
nuisance and that it be demolished within thirty (30) days. It is further requested
that administration be directed to obtain bids for the demolition of the structure
and that the Mayor and City Clerk be authorized and directed to execute a
contract for demolition with the lowest responsible bidder.
Case# & Project Address: # EN130022 - 860 EMERSON AVE (GARAGE
ONLY)
Location and ownership: This structure is located on Emerson Ave. between
Kinglsey and Madison Streets and is owned by WILLIS ARIEAL.
Staff Correspondence: A dangerous building inspection was conducted on
3/19/2013. The Notice and Order to Repair was issued on 6/25/2013. On
8/01/2013 the HBA declared the structure substandard and dangerous.
Owner Contact: No one was present for the HBA meeting dated 8/01/2013.
Three notices were sent certified mail with one having been returned unclaimed
and two that were signed. No permits have been issued and the scheduled
inspections with SAFEBuilt have been no-shows. There was a note from May
2013 that the owner planned on obtaining a permit, but nothing has been
obtained.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $ 7,900 for the garage only
Estimated cost to repair: $ 10,000 - $12,000 for the garage only.
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
CITY OF MUSKEGON
CODE COMPLIANCE DEPARTMENT
933 TERRACE ST STE 202
MUSKEGON, MI 49440
(231) 724-6766 (Office)
(231) 724-6790 (Fax)
DANGEROUS BUILDING REPORT
860 EMERSON AVE (GARAGE ONLY)
3/19/2013
Inspection noted:
1. There are a lot of holes in the roof.
2. The roof is totally deteriorated and must be replaced.
3. Entire garage – has peeling paint that needs to be scraped properly and protected from
the weather by properly applied water-resistant paint or waterproof finish.
4. Garage overhead, sliding or swing door is broken or missing parts so it may not work
properly.
5. Structure is not secured.
6. Side door is broken or missing.
7. The eave boards are rotted or missing
8. Siding has holes in it or is rotted or missing
9. Windows are either broken, rotted, or missing.
10. Trash is being stored inside the garage
11. Garage is not maintained in good repair.
John Schultz, Code Compliance Inspector
BASED UPON A RECENT INSPECTION OF THE ABOVE PROPERTY, IT HAS BEEN
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS
AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 10-61 OF THE
MUSKEGON CITY CODE.
Dangerous building is for the garage only on this property.
DATE: 11/12/2013
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #: EN130079
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
1324 PINE ST is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.
Case# & Project Address: # EN130079 - 1324 PINE ST (All Structures)
Location and ownership: This structure is located on Pine St. between
McLaughlin and Catawba Avenues and is owned by GRIDER TEASHEONA U.
Staff Correspondence: A dangerous building inspection was conducted on
8/13/2013. The Notice and Order to Repair was issued on 8/26, 2013. On
10/03/2013 the HBA declared the structure substandard and dangerous.
Owner Contact: No one was present for the HBA meeting dated 10/03/2013.
Certified notices were sent out with one being returned unclaimed, the second
was signed and the envelope was returned as “return to sender” and the third
notification was signed with only the certified mailing card being returned. No
permits have been issued and no inspections scheduled.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $ 23,804
Estimated cost to repair: $ 53,000
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
SAFEbuilt
Building Department Services
933 Terrace St., Ste 204
Muskegon, MI 49443
GRIDER TEASHEONA U
347 SHONAT #38
MUSKEGON, MI 49442
Dangerous Building Inspection Completed 08/15/2013
Please find the following items that need to be addressed in order to obtain a Certificate of
Occupancy for 1324 PINE ST and clear the property from the Dangerous Building process.
Roof needs replacement
Needs bathroom renovated
Needs kitchen renovated
Needs foundation repaired
Needs new drywall
Has fire damage to floor joists
Rewire house to code
Replace electric service to code
Install smoke alarms to code
Re-plumb whole house
Provide all new mechanical (i.e. furnace, water heater, etc)
If you have any questions please contact SAFEbuilt at 231-724-6715
Thank you,
Kirk Briggs
Building Official
SAFEbuilt/City of Muskegon
1324 Pine – Pictures provided by Code Compliance Inspector, Board up Contractor &SAFEbuilt
1324 Pine – Pictures provided by Code Compliance Inspector, Board up Contractor &SAFEbuilt
DATE: 11/12/2013
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #: EN130143
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
1459 TERRACE ST is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.
Case# & Project Address: # EN130143 - 1459 TERRACE ST (All Structures)
Location and ownership: This structure is located on Terrace St. between Irwin
and E. Grand Avenues and is owned by CENTER FOR COMMUNITY JUSTICE
& ADVO.
Staff Correspondence: A dangerous building inspection was conducted on
11/30/2011. The Notice and Order to Repair was issued on 8/26/2013. On
10/03/2013 the HBA declared the structure substandard and dangerous.
Owner Contact: No one was present for the HBA meeting dated 10/03/2013. One
certified mail notice was returned and the other was signed with the certified
mailing card be sent back. No permits have been issued and no inspections
scheduled.
Financial Impact: CDBG Funds or General Fund (Depending on State Historic
Preservation Office Determination)
Budget action required: None/If General Fund (already budgeted)
State Equalized value: $ 37,799
Estimated cost to repair: $ 21,000 - $34,000
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
CITY OF MUSKEGON
CODE COMPLIANCE DEPARTMENT
933 TERRACE ST STE 202
MUSKEGON, MI 49440
(231) 724-6766 (Office)
(231) 724-6790 (Fax)
DANGEROUS BUILDING REPORT
1459 TERRACE ST
11/30/2011
Inspection noted:
Exterior Items Only:
1) Roof is totally deteriorated – Must be replaced
2) Operable Windows do not have screens – must cover the complete bottom sash from
April 30th thru September 30th
3) Broken Windows – There are windows that are broken or have cracked glass.
4) Peeling Paint – Exterior has peeling paint that needs to be scraped and needs to be
protected from the weather by properly applied water-resistant paint or waterproof finish.
5) Siding is rotted, has holes in it or is missing.
6) Fencing is not in good repair. When repairing use materials that match balance of fence.
Permit is required. Contact the Zoning Administrator at (231) 724-6702 for information.
7) The yard is full of trash, debris and clutter – must be cleaned.
8) Interior – No access was given for an interior rental inspection of this duplex.
BASED UPON A RECENT INSPECTION OF THE ABOVE PROPERTY, IT HAS BEEN
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS
AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 10-61 OF THE
MUSKEGON CITY CODE.
1459 Terrace – Pictures provided by the Code Compliance Inspector
DATE: 11/12/2013
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #: EN130184
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
868 W HACKLEY AVE is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.
Case# & Project Address: # EN130184 - 868 W HACKLEY AVE (All Structures)
Location and ownership: This structure is located on W Hackley Ave. between
Kinsey and Crowley Streets and is owned by DEKUIPER DONNA C/BEACH
DANIELLE N.
Staff Correspondence: A dangerous building inspection was conducted on
8/19/2013 by the Fire Marshall & Building Official. The Notice and Order to
Repair was issued on 8/20/2013. On 10/03/2013 the HBA declared the structure
substandard and dangerous.
Owner Contact: No one was present for the HBA meeting dated 10/03/2013. All
notices sent certified mail have been signed with the certified mail card being
returned. No permits have been issued and no inspections scheduled.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $ 34,259
Estimated cost to repair: $ 24,000
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
868 W Hackley – Interior pictures were provided by SAFEbuilt 8/19/2013.
868 W Hackley – Interior pictures were provided by SAFEbuilt 8/19/2013.
Staff took pictures of the exterior & to show the Fire Marshall posted the front of the house (large white
posting in the front window).
DATE: 11/12//2013
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #: EN110189
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
345 W GRAND AVE is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and
City Clerk be authorized and directed to execute a contract for demolition with
the lowest responsible bidder.
Case# & Project Address: # EN110189 - 345 W GRAND AVE (all structures
Location and ownership: This structure is located on Apple Ave. between 7th and
6th Streets and is owned by BLUE MOUNTAIN HOMES LLC.
Staff Correspondence: A dangerous building inspection was conducted on
10/24/2011 & interior was done on 10/11/2013. The Notice and Order to Repair
was issued on 10/31/2011. On 2/02/2012 the HBA declared the structure
substandard and dangerous.
Owner Contact: No one was present for the HBA meeting dated 2/02/2012. All
notices sent certified mail and signed for by the owner at the time (Bank of
America). A new owner purchased the property 1/02/2013 and made contact with
SAFEbuilt as to what to do to proceed. SAFEbuilt did an interior inspection on
10/11/2013 and the owners are looking into demolition for this property as well
due to the expense of what needs to be fixed. No permits have been issued.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $ 19,900
Estimated cost to repair: $ 30,000
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
Building Department Services
10/11/2013
BLUE MOUNTAIN HOMES LLC
707 ALDRIDGE RD STE B
VACAVILLE, CA 95688
RE: 345 W GRAND AVE
DANGEROUS BUILDING INTERIOR INSPECTION
The SAFEbuilt Building Dept. conducted an interior inspection at 345 W GRAND AVE to determine what
was needed to bring the building up to code and be able to issue a certificate of occupancy.
Below are the inspection results:
Must fix front steps and porch decking.
Must fix soffit and fascia around exterior of house.
Fix back roof and rafters.
Fix cut joists in the basement.
Replace the foundation walls.
Fix the beams in the basement.
Install hard wired smoke alarms to code.
Repair and replace the basement steps and handrail to code.
Fix the stairway head room to code.
Replace broken windows.
Install guard rails and hand rail on stairs to 2nd floor to code.
Electric service to meet code.
Whole house to be re-wired to code.
Must pressure test gas line.
Clean ductwork.
Inspect and certify chimney.
Provide furnace and water heater.
Inspect and certify all house plumbing, water service, building sewer and venting.
Provide scald free faucet for tub/shower and lavatory.
Any work done to meet 2012 MMC 09 MPC.
Please contact our office with any questions.
Sincerely,
Kirk Briggs
Building Official
SAFEbuilt/City of Muskegon
933 TERRACE ST., STE. 204, MUSKEGON, MI 49443
(231)724‐6715 FAX (231) 728‐4371
CITY OF MUSKEGON
933 Terrace St., P.O. Box 537, Muskegon, MI 49443 (231) 724-6715
DANGEROUS BUILDING INSPECTION REPORT
Monday, October 24, 2011
Enforcement # EN110189 Property Address 345 W GRAND AVE
Parcel #24-205-419-0001-10 Owner W R ENTERPRISES LLC
Inspector: Henry Faltinowski
Date completed: 10/21/2011
DEFICENCIES:
1. Roof system failed; structural damage. Replace roof covering; provide
rafter sheathing inspection.
2. Porch on back of home caving in.
Request interior inspection by all trades, electrical, mechanical and plumbing.
Please contact Inspection Services with any questions or to schedule an
inspection at 933 Terrace St., Muskegon, MI 49440 (231) 724 6758.
Based upon my recent inspection of the above property I determined that the structure
meets the definition of a Dangerous Building and/or Substandard Building as set forth in
Section 10-61 of the Muskegon City Code.
_____________________________ _______________
Henry Faltinowski, Building Inspector Date
Picture of front taken 2/4/2013
Side picture 10/21/2011 Other side 10/21/2011
Rear picture taken 10/21/2011
DATE: 11/12/2013
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #: EN130036
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the demolition of the 2nd
garage that was not completed (concrete still there) at 709 E APPLE AVE is
unsafe, substandard, a public nuisance and that it be completed within thirty (30)
days. It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder.
Case# & Project Address: # EN130036 - 709 E APPLE AVE (complete removal
of concrete from the 2nd garage’s demolition)
Location and ownership: This structure is located on Apple Ave. between
Kenneth and Holt Streets and is owned by CHIAVERINI MARK W.
Staff Correspondence: (memo attached) This item went through the process
twice due to the time lapse.
Owner Contact: No one was present for the HBA meetings. All notices sent
certified mail have been signed by the owner with the mortgage company ones
being returned unclaimed. A permit had been obtained during the first round, but
not completed.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $ 13,600
Estimated cost to repair: $ 500
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
Memo regarding Staff Correspondence.
1st Round:
1. Notice & Order sent 10/17/2007
2. HBA Hearing – 12/6/2007
3. Determination mailed 12/7/2007
4. City Commission – 4/22/2008
5. City Commission concurred but gave time for the owner until 8/10/2008
6. Owner (Mark Chiaverini) obtained permit to fix the garage 8/8/2008
a. Permit extended 6 months on 7/6/2009
b. Permit expired 7/6/2009 & letter went out 7/21/2009
c. Somehow owner demoed most of the garage except for the
concrete and removal of the misc. items with no notations for this
on the permit.
7. Somehow this stopped at this point.
8. 2/4/2013 SAFEbuilt went thru the dangerous building list to confirm
where the dangerous building structures were currently at and had
taken pictures.
9. City Attorney, John Schrier, recommended that we start the process
again due to the time lapse.
2nd Round:
1. Notice & Order sent 4/25/2013
2. HBA Hearing letter sent for meeting on 6/6/2013 – owner came in and
that was how we later found out that there had been a 2nd garage. We
had thought the dangerous building was the garage that is still located
on the property. This item was removed from the agenda.
3. HBA Hearing 8/1/2013 (we knew it was for 2nd garage and SAFEbuilt
found that the concrete and misc. items were still there so the demo
was not completed by the owner. HBA Concurred at this meeting.
4. Kirk from SAFEbuilt checked on this to find the concrete to still be
there and had taken pictures.
5. City Commission meeting 11/12/2013
The owner did not show up for the HBA hearing for this 2nd round & he is aware
that the demo is not complete until all the foundation is removed. The owner has
been receiving the certified mailings and is aware that we will go for bid to have
the demo completed and bill him for it.
The pictures are attached to show the process.
2nd garage
that had
hole in roof
prior to
owner’s
demo.
Picture of the 2nd garage that was located to the rear of the garage that is still
located on the property. This picture was taken 9/25/2007.
Pictures after the owner demolished the main portion of the garage. These are
pictures of the concrete and other misc. items from the demo.