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CITY OF MUSKEGON
CITY COMMISSION MEETING
February 13, 2024 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
☐ CALL TO ORDER:
☐ PRAYER:
☐ PLEDGE OF ALLEGIANCE:
☐ ROLL CALL:
☐ HONORS, AWARDS, AND PRESENTATIONS:
A. Big Red State Champion Football Honors Manager's Office
B. Resolution Honoring and Celebrating Black History Month City Clerk
☐ PUBLIC COMMENT ON AGENDA ITEMS:
☐ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Sale of 720 Leonard Avenue Manager's Office
C. Lumberjacks Build Out Arena
D. Employee Assistance Program & UFirst Employee Relations
E. Poverty Exemption Updates Treasury
F. Frosty Boyz 420 Party-Cannabis Event DPW- Parks and Recreation
G. Senior Municipal Funding FY24 Community & Neighborhood Services
H. Kruse Park Stairs DPW- Parks
I. McCrea Baseball Field Fencing DPW- Parks
J. Civic Rec Agreement DPW- Parks
K. Chicken Ordinance Planning
L. Social District permit for Rake Beer Project Community Engagement
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M. Allocation of remaining ARPA Community Grant Funds Manager's Office
N. DDA Liquor License - Muskegon Brewing Company, 500 Adelaide Circle,
Floors 2&3 Planning
O. Allocate City ARPA Funds for New Fire Truck Public Safety
P. DWRF Bonding Capacity Notice Public Works
☐ PUBLIC HEARINGS:
☐ UNFINISHED BUSINESS:
A. Acquisition of Vacant Lot at 748 Catherine for Infill Housing from
Muskegon Land Bank - Tabled on 1/23/2024 Economic Development
☐ NEW BUSINESS:
A. Hackley Public Library Agreement Updates Manager's Office
☐ ANY OTHER BUSINESS:
☐ PUBLIC COMMENT ON NON-AGENDA ITEMS:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
☐ CLOSED SESSION:
☐ ADJOURNMENT:
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF
MUSKEGON AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
To give comment on a live-streamed meeting the city will provide a call-in telephone
number to the public to be able to call and give comment. For a public meeting that is
not live-streamed, and which a citizen would like to watch and give comment, they
must contact the City Clerk’s Office with at least a two-business day notice. The
participant will then receive a zoom link which will allow them to watch live and give
comment. Contact information is below. For more details, please visit:
www.shorelinecity.com
The City of Muskegon will provide necessary reasonable auxiliary aids and services, such
as signers for the hearing impaired and audio tapes of printed materials being
considered at the meeting, to individuals with disabilities who want to attend the
meeting with twenty-four (24) hours’ notice to the City of Muskegon. Individuals with
disabilities requiring auxiliary aids or services should contact the City of Muskegon by
writing or by calling the following:
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Ann Marie Meisch, MMC. City Clerk. 933 Terrace St. Muskegon, MI 49440. (231)724-6705.
[email protected]
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 13, 2024 Title: Resolution Honoring and Celebrating Black
History Month
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
Commissioner Willie German, Jr. offers this resolution Honoring and Celebrating Black History Month.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A x
Recommended Motion:
To adopt the Resolution Honoring and Celebrating Black History Month.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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Resolution No. 2024-16(B)
City of Muskegon Honors and Celebrates Black History
WHEREAS, Africans were first brought involuntarily to the shores of the American
Colonies as early as the 17th century; and
WHEREAS, Black Americans suffered enslavement and subsequently faced the horrors
of lynching, violent mobs, economic exploitation, forced poverty, Jim Crow laws,
domestic terrorism, segregation, mass incarceration and the denial of fundamental
rights of citizenship; and,
WHEREAS, in 2024, the harms of such injustices and inequalities still reverberate; and
WHEREAS, in the face of atrocities, Black Americans have distinguished themselves
with a commitment to the noble ideals on which the United States was founded, and
have fought bravely for the rights and freedoms of Black Americans and others; and
WHEREAS, Black History Month, a federally recognized and nationwide celebration,
calls on all Americans to reflect on the significant roles that Black Americans have
played in shaping US history and the American experience; and
WHEREAS, Dr. Carter G. Woodson, a son of former slaves who persevered in his
education, earning an M.A. in history from University of Chicago and a PhD in history at
Harvard University, was a key figure in advancing African-American history; and
WHEREAS, Dr. Woodson founded the Association for the Study of Negro Life and
History in 1915 and started its publication Journal of Negro History in 1916; and
WHEREAS, in 1926, Dr. Woodson established Negro History Week, believing "the
achievements of the Negro properly set forth will crown him as a factor in early human
progress and a maker of modern civilization;" and,
WHEREAS, the second week in February was chosen for Negro History Week as it
marks the birthdays of two men who greatly influenced the Black American experience -
Frederick Douglass, who escaped slavery and became an abolitionist and civil rights
leader, and President Abraham Lincoln, who issued the Emancipation Proclamation to
abolish slavery in America's confederate states; and
WHEREAS, in 1976, President Gerald R. Ford recognized Black History Month, urging
Americans to “seize the opportunity to honor the too often neglected accomplishments
of Black Americans in every area of endeavor throughout our history;” and
WHEREAS, Black Americans have worked against racism to achieve success and to
make significant contributions to economic, educational, political, artistic, athletic,
literary, scientific, and technological advancement; and
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WHEREAS, in 1983, Daniel Oglesby became the first Black American man to become a
member of the City Commission and, in 1986, was appointed the City’s first Black
mayor; and
WHEREAS, in 1988, Blanche Smith, was elected as the first Black American woman to
serve on the City Commission and, in 1995, was appointed mayor for the City of
Muskegon; and,
WHEREAS, in 2001 to 2008, Karen Buie became the first Black American woman to
serve as County Clerk in Muskegon County and reappointed in 2023; and
WHEREAS, in 1998, Hon. Gregory C. Pittman became the first Black American man to
be seated as judge, of any court, in Muskegon County; and
WHEREAS, in 2008, the people of the United States of America elected Barack Obama,
a Black American man, to be the country’s 44th President; and
WHEREAS, in 2020, the people of the United States elected Kamala D. Harris, a Black
American woman, to serve as Vice President of the United States; and
WHEREAS, the City of Muskegon recognizes that everyone deserves to live in peace,
dignity, and harmony, with equality and social justice for all groups, as reflected in a
Proclamation Opposing Racism adopted in 2017; and
WHEREAS, the City of Muskegon honors Juneteenth National Independence Day,
joining in the celebration of freedom for Black Americans; and,
NOW, THEREFORE, BE IT RESOLVED that the City of Muskegon honors and
acknowledges the month of February as Black History Month; and
BE IT RESOLVED FURTHER that the City of Muskegon celebrates Dr. Carter G.
Woodson as the “Father of Black History;” and
BE IT RESOLVED FINALLY that the City Commission for the City of Muskegon
commemorates the tremendous contributions of Black Americans to the development
and history of both the City of Muskegon and the United States of America.
The foregoing Resolution was offered by Commissioner German and supported by
Commissioner Keener, and same was duly passed at a general session of the City of
Muskegon City Commission.
CERTIFICATION
I hereby certify that the foregoing constitutes a true and complete copy of a resolution
adopted by the City Commission of the City of Muskegon, County of Muskegon,
Michigan at a regular meeting held on February 13, 2024.
By: ________________________
Kenneth D. Johnson, Mayor
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 13, 2024 Title: Approval of Minutes
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
To approve the minutes of the January 18, 2024 Special Meeting and the January 23, 2024 Regular
Commission Meeting.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A x
Recommended Motion:
Approve the minutes.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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City of Muskegon Special Meeting
Goal Review
Muskegon City Hall
933 Terrace Street
Muskegon, MI 49440
January 18, 2024 2:00 p.m.
2024-11
Attendance
Present: Mayor Johnson, Vice Mayor St.Clair, Commissioners Kochin, Keener, and Kilgo
Absent: Commissioners German and Gorman
Staff Members present: Jake Eckholm, Dan VanderHeide, Tim Kozal, Pete Wills, Jonathan
Seyferth, Ken Grant, LeighAnn Mikesell, and Kimberly Young
Deputy City Manager, LeighAnn Mikesell, talked about the vision and goals set by the
commission, and provided an update on progress that has been made on all four goals.
City Manager, Jonathan Seyferth, explained that the four major goals of the five-year vision
were posted on the wall, each goal containing key focus areas. There was discussion regarding
the advancement of environmental sustainability and to include that in all we do.
The Mayor and Commissioners were given two each of blue, green, and yellow sticker dots
representing different point values. They were asked to place their dots next to the key focus
areas that they felt were the highest in priority. This exercise will help to inform staff as to which
areas should receive more of their focus and attention.
Listed below are the Goals and Key Focus areas that were displayed on the wall. This also
details which Key Focus Areas should be prioritized after the scoring by commissioners.
Discussion took place regarding prioritized Key Focus Areas as Commissioners added
comments as to why they selected the areas that they did.
2027 GOAL 1: DESTINATION COMMUNITY & QUALITY OF LIFE
Create an environment that puts an emphasis on improving amenities and investing in the
traits that positively affect residents’ quality of life and attract visitors.
Prioritized Key Focus Areas
Partnerships with organizations focused on reducing poverty – 8 pts
Commissioners selected this item in part because of the recent closures of non-profit
agencies who assisted low income community members. Discussion included
considerations for how to keep families together, especially those who are experiencing
homelessness; ability to use existing infrastructure to house people; recruiting organizations
to Muskegon; using city staff to facilitate conversations and help determine needs and gaps.
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Parks and Recreation Department and Services – 6 pts
All points on this item came from one commissioner who urged staff to focus on
accessibility. The example of placing stairs at Kruse Park rather than replacing the ramps
was used to show staff are not placing enough importance on accessibility. Other
discussion included ideas for wayfinding signs to show public access areas at the waterfront
and increasing recreation opportunities.
Other Key Focus Areas for Goal 1
Improved access to waterways
Improved transportation connections throughout the community
Reduction of blighted commercial properties
Recognizable improvements to community safety
2027 GOAL 2: ECONOMIC DEVELOPMENT, HOUSING, AND
BUSINESS
Create an environment that effectively attracts new residents and retains existing residents
by filling existing employment gaps, attracting new and diverse businesses to the city, and
expanding access to a variety of high-quality housing options in Muskegon.
Prioritized Key Focus Areas
Additional attainable housing units and increased rates of home ownership – 9 pts
Areas where the city is needed to advance this goal include education on financing and
home ownership, providing attainable (not market rate) housing, and changing zoning to
allow for accessory dwelling units and other small multifamily options.
Other Key Focus Areas for Goal 2
Diverse housing types
Improved community vibrancy through infill development
Improved customer service and streamlined business development processes
Opportunities to retain youth within the city and attract young talent
Neighborhood commercial center development
Progress toward new and ongoing economic development projects
Increased population of people who live and work within the city limits
Wider variety of options for greater use of arena and convention center
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2027 GOAL 3: COMMUNITY CONNECTION
Create an environment of mutual respect and trust between local government and the
community we serve. Increase communication with residents, workers, business owners,
and visitors to inform, educate, and create opportunities for input.
Prioritized Key Focus Areas
Digestible, understandable, and accessible internal & community communications –
6 pts
Again, the focus was on accessibility, especially related to those with low literacy and
access to election information. Discussion included a general lack of understanding among
the public on how local government functions with support from commissioners for citizen
academies. Other ideas included updating the citizen handbook, incorporating chatgpt on
our website search function, video tours of city operations, and communicating how our
work benefits neighbors.
Other Key Focus Areas for Goal 3
Supported neighborhood associations and neighborhood association leaders
Strong ties among government and community agencies
Increased and diversified options for public participation and communications
More connected and cohesive community
Staff reflective of the diverse community
Increased accessible options for elections
Increased support for relationship building between public safety and neighbors
2027 GOAL 4: FINANCIAL INFRASTRUCTURE
Create an environment that naturally affects the city’s revenues in a positive manner, with a
focus on reclaiming city investments in housing, nurturing startup projects proposed
throughout the city, and exploring staff recommendations related to new revenues.
Prioritized Key Focus Areas
Increase revenue – 7 pts
Ideas to achieve this goal included pursuing more grants, continuing with economic
development projects to raise tax revenue, considering a milage to support city functions,
and developing a fee on boat slips. Commissioners were supportive of funding a grant
coordinator position.
Other Key Focus Areas for Goal 4
Maximized efficient use of existing infrastructure
Reliable and efficient short and long term financial practices
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Increased revenue from tourism
Educational options to communicate revenue sources and services provided
Sustainable funding for Parks and Recreation
Additional Topics Discussed
Commissioner Kilgo encouraged staff to continue efforts to attract businesses to the city
with a focus on job creation.
The mayor would like increased support for an entrepreneur ecosystem in the city, efforts to
improve relations with the Inspections Department, and increased effort to communicate
how the city invests in various projects. The mayor would like metrics developed for our
goals and focus areas and for staff to communicate our progress on these metrics with the
community.
The vice mayor suggested that we focus on a cohesive and connected community in all
aspects of our work.
Meeting adjourned at 3:55 p.m.
Respectfully Submitted,
Kimberly Young, Deputy City Clerk
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CITY OF MUSKEGON
CITY COMMISSION MEETING
January 23, 2024 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
MINUTES
CALL TO ORDER
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, Michigan at 5:30 PM, Tuesday, January 23, 2024.
Reverend William T. Anderson, Philadelphia Baptist Church, opened the
meeting with prayer, after which the Commission and public recited the Pledge
of Allegiance to the Flag.
ROLL CALL
Present: Mayor Ken Johnson, Vice Mayor Rebecca St. Clair, Commissioners
Katrina Kochin, Destinee Keener, Jay Kilgo, and Rachel Gorman. City Manager
Jonathan Seyferth, City Attorney John Schrier, City Clerk Ann Marie Meisch, and
Deputy City Clerk Kimberly Young
Absent: Commissioner WIllie German, Jr.
HONORS, AWARDS, AND PRESENTATIONS
A. Big Red State Champion Football Honors - POSTPONED TO 2/13/2024
MEETING Manager's Office
PUBLIC COMMENT ON AGENDA ITEMS
Public comments received.
2024-12 CONSENT AGENDA
Motion by Commissioner St.Clair, second by Commissioner Gorman, to approve
the consent agenda minus items B, D, I, F, J, and L.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, and Keener.
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Nays: None
MOTION PASSES
A. Approval of Minutes City Clerk
To approve the minutes of the January 8, 2024 Worksession and January 9, 2024
Regular meetings.
STAFF RECOMMENDATION: To approve the minutes.
C. 2024 User Fees Finance
City Departments have reviewed and updated their user fees and these have
been incorporated into the Master Fee Resolution that is attached for your
consideration.
STAFF RECOMMENDATION: Approval of the 2024 Master Fee Resolution.
E. Arena Solar Interconnect Agreement Public Works
Staff requests approval of an Interconnect Agreement with Consumers Energy
to allow for the equipment and operations necessary for automatic switching
between grid energy and the solar system on the arena roof.
The solar system on the arena is complete. In order to allow for the automatic
switch equipment to be installed and for the operations necessary for switching
between grid energy and the solar system, the attached agreement is required
to be executed with Consumers Energy. The agreement has been reviewed by
the attorney. It is an electronic signature, so staff requests the Director of Public
Works be authorized to sign.
STAFF RECOMMENDATION: Approve the Interconnect Agreement with
Consumers Energy to allow for the equipment and operations necessary for
automatic switching between grid energy and the solar system on the arena
roof, and authorize the Director of Public Works to sign.
G. Chicken Ordinance Planning
Request to amend the Animals section of the City Code of Ordinances to allow
residents to keep up to six chickens at their residence, under certain conditions.
The ordinance would allow residents to keep up to six female chickens (no
roosters) on a residential parcel that has at least 3,000 sf. The property must be
located in a zoning district that allows for single family houses, duplexes, triplexes
or quadplexes (Single Family Residential, RT, FBC-UR or FBC-LR). The chickens
must be kept in a coop, which shall be in a fenced or covered enclosure, and
must contain a feeding container. Chicken coops must be approved by the
Zoning Administrator through the development permit process.
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STAFF RECOMMENDATION: Approve the amendments to the Animal ordinance
to allow for regulations on keeping chickens.
H. Scattered Site Payment In Lieu of Taxes Agreement with Green
Development Ventures, LLC (Allen Edwin Homes) Economic
Development
This is our first opportunity to take advantage of the new "scattered site"
Payment in lieu of Taxes law passed in Michigan last year, which will allow Green
Development Ventures, LLC (Allen Edwin) to infill 36 homes over the next several
years for workforce rental housing.
For nearly a year, the Development Services Division has been exploring
opportunities to broaden the scope of our current infill housing program. A new
tool has come online in Michigan through Public Act 239, an amendment to the
State's main affordable housing legislation. Previously, the State of Michigan
only allowed cities to issue housing tax exemptions (PILOT) to Low Income
Housing Tax Credit developments, which are almost always larger format
multifamily apartment buildings. This has made it difficult to subsidize single
family or smaller multiplexes for working families and often results in new
construction rental stock that is only at higher market rates. This has also led to a
market where often the only subsidized units are geared towards people at or
below 80% of the area median income, though there is still a sizable shortage of
those units as well.
Our 2023-2027 Housing Needs Assessment illustrates a need for 295 units in the
next five years with rents between $1,431-$2,145,and 403 between $895 and
$1,430. The 36 units proposed by Allen Edwin will largely be 4 bedroom, 2
bathroom homes that will rent between $1,400 and $1,700 per month. Staff has
attached the latest MSHDA rents table that would restrict Allen Edwin to charge
rents below 120% Area Median Income thresholds throughout the life of this
agreement. To put this in context for our community, examples of households
earning 100-120% of the AMI would be a single adult who is a full-time teacher in
their first five years, or wherein one adult works full time in entry level
manufacturing and the other works part-time in retail. Essentially, these houses
will be targeting "working class" people who are often house burdened and until
recently have had few options available to them for subsidy.
As with other PILOT agreements, the City would forego traditional property
taxes, and instead be paid a percentage of the gross rents paid during the tax
year. The relevant state statute defines 10% of gross rents as the minimum, which
is what is proposed here. It should be noted that this is slightly to considerably
higher than the typical LIHTC deal we have seen in past years. For example, if
the average rent collected on these 36 houses is $1,500 a month, the total
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portfolio once complete will gross $648,000 annually. The city would assess
$64,800, or 10%, and then distribute that proportionately to the various taxing
jurisdictions as though it were traditional property taxes. The city's share of this
annual PILOT would be roughly $14,000, as compared with roughly $45,000 if
they were taxed traditionally. These savings of 2/3rds of the taxes is the incentive
for the developer to agree to restrict the rents to the limits set by MSHDA for the
15-year time period of this agreement.
STAFF RECOMMENDATION: Approve the Workforce Housing Restrictive Covenant
between Green Development Ventures, LLC and the City of Muskegon as
presented and to authorize the mayor and clerk to sign.
K. Signing Purchase and Closing Documents Manager's Office
Staff is requesting approval of a resolution which specifies who can sign
purchase agreements and closing documents on behalf of the city. The
resolution names Samantha Pulos as a city employee who is authorized to sign
purchase agreements and closing documents on behalf of the city. This
authority fits into Samantha's new role as the Code Coordinator in the Planning
Department.
STAFF RECOMMENDATION: Approve the resolution authorizing specific city staff
to sign purchase agreements and closing documents on behalf of the city.
2024-13 REMOVED FROM CONSENT AGENDA
B. Consumers Energy Easement for the Water Filtration Plant Tower Public
Works
Staff requests authorization to grant an easement to Consumers Energy for
electric service to the communications tower at the water filtration plant.
Verizon Wireless recently received their Critical Dune Permit from the State
Department of EGLE, which will allow them to begin installation of their
antenna(s) and other equipment. In order to supply power to the equipment,
Consumers Energy needs to bring electic service to the site. This route keeps the
electric lines outside of the fence of the filtration plant, ensuring the minimal
impact on City operations. Staff recommends approval.
STAFF RECOMMENDATION: To approve staff to grant an easement to Consumers
Energy on the water filtration plant property for the purposes of bringing electric
service to the plant's telecommunications tower.
Motion by Commissioner Kochin, second by Commissioner Gorman, to approve
for staff to grant an easement to Consumers Energy on the water filtration plant
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property for the purposes of bringing electric service to the plant's
telecommunications tower.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, and Keener
Nays: None
MOTION PASSES
D. Sale of 1278 Pine Street Planning
Staff is seeking authorization to sell the City-owned vacant lot at 1278 Pine Street
to Caleb Schuyten. Caleb Schuyten would like to purchase the City-owned
buildable lot at 1278 Pine Street for $1,125 (75% of the True Cash Value of
$1,500) plus half of the closing costs and the fee to register the deed. Caleb
Schuyten will be constructing a single-family home on the property.
STAFF RECOMMENDATION: Authorize the Code Coordinator to complete the
sale of 1278 Pine Street, as described in the attached purchase agreement,
and to have the Mayor and Clerk sign both the purchase agreement and the
deed.
Motion by Commissioner Kilgo, second by Commissioner Gorman, to authorize
the Code Coordinator to complete the sale of 1278 Pine Street, as described in
the attached purchase agreement, and to have the Mayor and Clerk sign both
the purchase agreement and the deed.
ROLL VOTE: Ayes: Keener, Gorman, Kochin, St.Clair, and Johnson
Nays: Kilgo
MOTION PASSES
F. Acquisition of Vacant Lot at 748 Catherine for Infill Housing from
Muskegon Land Bank Economic Development
This lot recently had a grant funded demolition of a derelict home by the
Muskegon County Land Bank. Rather than see it sold privately to expand a lawn
or sit vacant and sporadically maintained, we would like to proactively acquire
it for future phases of City-led infill housing.
We have recently been working to strengthen ties with the Muskegon County
Land Bank Authority and as a result of this we have a great system in place
where we are notified of potential lots that may benefit our urgent housing
need. This lot was recently added to the inventory for the Land Bank after a
long-vacant home was demolished using State Land Bank grant dollars. As we
finish out ARPA Infill Housing we will be making recommendations on continued
builds as part of a broader housing strategy, and continuing our budgeted
property acquisition will benefit all aspects of that.
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AMOUNT REQUESTED: $3,500
FUND OR ACCOUNT: Public Improvement Fund
STAFF RECOMMENDATION: Approve the purchase of the vacant lot at 748
Catherine for the sum of $3,500 as presented, and to direct staff to close on the
property.
Motion by Commissioner Kilgo, second by Commissioner Gorman, to approve
the purchase of the vacant lot at 748 Catherine for the sum of $3,500 as
presented, and to direct staff to close on the property.
Motion by Commissioner Kilgo, second by Commissioner Keener, to table this
item until the February 13, 2024 Commission Meeting.
ROLL VOTE: Ayes: Johnson, Kilgo, Keener, Gorman, Kochin, and St.Clair
Nays: None
MOTION PASSES
I. Green Development Ventures, LLC (Allen Edwin Homes) PILOT Fee
Resolution Economic Development
A resolution is required to establish the annual Payment in lieu of Taxes (PILOT)
fee for the proposed infill housing scattered site project proposed by Green
Development Ventures, LLC (Allen Edwin). This reolution acts in concert with the
proposed Restrictive Covenant on the agenda as necessary documents to be
passed by a local municipality in order to establish a PILOT for scattered site
homes. The resolution sets the annual payment at 10% of gross shelter rents for
the life of the PILOT.
STAFF RECOMMENDATION: Adopt the Resolution establishing the annual PILOT
fee as presented, and authorize the mayor and clerk to sign.
Motion by Commissioner Kilgo, second by Commissioner Gorman, to adopt the
resolution establishing the annual PILOT fee as presented, and authorize the
mayor and clerk to sign.
ROLL VOTE: Ayes: Kochin, St.Clair, Johnson, Kilgo, Keener, and Gorman
Nays: None
MOTION PASSES
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J. Sale of 740 Leonard Avenue Manager's Office
Staff is seeking approval of the sale of 740 Leonard Avenue. 740 Leonard
Avenue was constructed through the agreement with Rudy Briggs to construct
infill housing with ARPA funding. The offer is for full asking price.
STAFF RECOMMENDATION: Approve the purchase agreement for 740 Leonard
Avenue.
Motion by Commissioner Kochin, second by Vice Mayor St.Clair, to approve the
purchase agreement for 740 Leonard Avenue.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, and Keener
Nays: None
MOTION PASSES
L. Concur with CRC Acceptance of Resignations and Appointment
Recommendations City Clerk
To concur with the Community Relations Committees recommendation and
accept resignations and make appointments to various boards.
CRC recommendation to City Commission to accept resignations of:
Downtown Development/Brownfield Redevelopment/TIF Authority
John Riegler, Resident of District-term expiring 1/31/2026
Lakeside Business Improvement District
Andrea Chambers, Owner or representative term expiring 01/31/2025
Allen Serio, Owner or representative term expiring 01/31/25
And *reappointment/appointment of:
Board of Review
*David Medendorp, Citizen term expiring 01/31/2026
*Martha Bottomley, Citizen term expiring 01/31/2026
*Sherry Burt, Citizen term expiring 01/31/2026
Charlotte Barnes-Evans, Citizen expiring 01/31/2025
Citizen’s Police Review Board
*Shaundrica Roberts, move to Member of a Minority Based Organization
expiring 01/31/2026
*Eric Hood, Law Enforcement Professional expiring 1/31/2026
Sarah Overly, Citizen At Large expiring 01/31/2025
Community Development Block Grant-Citizen’s District Council
*Perry Dennie, Representative of Ward 1 expiring 01/31/2027
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DErika Nicholas-Lewis, Representative of Ward 2 expiring 01/31/2027
Construction Code Board of Appeals
*Brion Boucher, Architect expiring 01/31/2026
*Michael McPhall, Fire expiring 01/31/2026
Walter Christophersen, Electrical expiring 01/31/2026
Downtown Development/Brownfield Redevelopment/TIF Authority
*Michael Kleaveland, Interest of property in district expiring 01/31/2028
*Sherri Black, Citizen expiring 01/31/2028
Kaja Thornton, Resident of district expiring 01/31/2026
Election Commission
*Betty Ivory-Roberts, Citizen expiring 01/31/2027
Equal Opportunity Committee
No action
Farmers Market Advisory Board
*Kim Martens, Seasonal farmer expiring 01/31/2027
*John Zandstra, Seasonal farmer expiring 01/31/2027
Historic District Commission
*Steven Radtke, local preservation society expiring 01/31/2027
*Jacquelyn Huss, local preservation society expiring 01/31/2027
Housing Code Board of Appeals
*Ed Simmons, Citizen expiring 01/31/2027
Housing Commission
Oneata Bailey, Citizen expiring 01/31/2029
Income Tax Board of Review
Patrick Kiely, Resident expiring 01/31/2027
Lakeside Business Improvement District
*Mark Flermoen, Assessed owner/representative expiring 01/31/2027
*Dick Ghezzi, Assessed owner/representative expiring 01/31/2027
Margaret Smith, Assessed owner/representative expiring 01/31/2026
Ronald Jenkins, Assessed owner/representative expiring 01/31/2025
Derek Edlund, Assessed owner/representative expiring 01/31/2025
Local Development Finance Authority
Page 8 of 12
Page 19 of 235
*Andrew Wible, Citizen with interest in district expiring 01/31/2028
Bennie Chambers, Citizen with interest in district expiring 01/31/2028
Local Officer’s Compensation Commission
Heather Hill, Citizen expiring 01/31/2031
Parks and Recreation Advisory Committee
*Lynnette Marks, Muskegon Schools representative expiring 01/31/2027
*Sarah DeLaRosa, Citizen Ward 1 expiring 01/31/2027
*Anthony Olshansky, Citizen Ward 2 expiring 01/31/2027
*David Ruck, Citizen Ward 3 expiring 01/31/2027
*Leann Heywood, Citizen Ward 4 expiring 01/31/2027
*John Burt, Citizen At large expiring 01/31/2027
Planning Commission
Lea Willett LeRoi, Citizen expiring 01/31/2027
Steve Gawron, Citizen expiring 01/31/2027
Zoning Board of Appeals
Deborah Crockett, Resident expiring 01/31/2027
Motion by Commissioner Kilgo, second by Commissioner Gorman, to concur
with the Community Relations Committees recommendation to accept
resignations and make appointments to various boards.
ROLL VOTE: Ayes: Gorman, Kochin, St.Clair, Johnson, Kilgo, and Keener
Nays: None
MOTION PASSES
2024-14 NEW BUSINESS
A. DEI Policy Audit Manager's Office
Staff is requesting approval of the selection of MGT to review a number of city
policies for their impact on equity and provide recommendations for changes
to existing policies as well as for new policies that further our efforts to realize our
equity vision.
Staff advertised a request for proposals (RFP) in mid October with proposals due
November 14. Nine firms provided on time proposals, and the GARE Core Team
members each reviewed the proposals according to the information provided
in the RFP. This is a qualifications based selection so scores were weighted as
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follows: qualifications of the team at 40%, understanding of service at 30%,
relevant experience at 20% and cost at 10%. The team met in mid December
to discuss the scores and come to a consensus on which firm to recommend for
approval. Two firms rose to the top, and references were checked for both.
Staff submits to the commission our recommendation to hire MGT located in
Tampa, FL with recent experience assisting the Ann Arbor Area Community
Foundation, Oregon City, Utah Office of Tourism, Sacramento County, and the
City of Shaker Heights, OH.
The cost will depend on how many policies are reviewed. The GARE Core Team
has narrowed the list to 43 policies. The RFP had contemplated review of up to
100 policies, and priced proposals were based on that figure. The lead team
will negotiate a price for the 43 policies recommended for review. A budget
amendment may be requested in the future, or funding may be requested to
continue work in the next fiscal year.
STAFF RECOMMENDATION: Approve the selection of MGT to audit city policies
and authorize the Deputy City Manager to sign a contract not to exceed
$40,000.
Motion by Vice Mayor St.Clair, second by Commissioner Gorman, to approve
the selection of MGT to audit city policies and authorize the Deputy City
Manager to sign a contract not to exceed $40,000.
ROLL VOTE: Ayes: Keener, Gorman, Kochin, St.Clair, Johnson, and Kilgo
Nays: None
MOTION PASSES
B. Adelaide Pointe Dropwell Docks Discussion Public Works
Adelaide Pointe has proposed new docks at the dropwell location in Hartshorn
Park under the Cooperative Use Agreement and will present the plan for
consideration. Adelaide Pointe has proposed a set of docks that would be
attached to the seawall just east of the Hartshorn boat launch. The docks
would allow for boats dropped into the lake by the In/Out operations, and
would provide additional public dock space for shopping and water access.
While the docks are not shown on the currently approved site plan/PUD plan,
the Cooperative Use Agreement would support the concept if the updated
plans showing the docks were to be approved by the City and EGLE. Adelaide
Pointe will present the plan in detail for review and discussion.
STAFF RECOMMENDATION: For discussion only.
C. CFFMC Spark Grant Application Discussion Public Works
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Staff requests approval to work with the Community Foundation for Muskegon
County (CFFMC) to apply for a Spark Grant for a new skate park at Rotary Park.
The Spark Grant program includes a round of funding designated specifically for
communities that have historically been looked over for grant funding in parks
and public spaces. Each community was assigned to a Community Foundation
in order to assist in distributing the funds outside of the traditional scoring
process. Although Muskegon was successful during the competitive round, and
that may slightly reduce the amount the City could receive, staff has heard
positive reinforcement from knowledgeable individuals that the City could
expect to receive funding from this process.
Due to the compressed application time frame, staff was required to select a
project that had budgetary numbers and conceptual plans already
completed. The only project that met that criteria was the new skate park
proposed at Rotary Park, which is an excellent candidate for the program and
furthers several staff and Commission goals. The concept plan, prepared by
nationally-recognized skate park design firm Grindline, is included for review
and has been budgeted at $1,000,000. If less than the full project amount is
funded a group of community stakeholders has indicated a willingness to raise
funds and they believe some funds to support the project exist in the
community, but due to the compressed timeline no formal campaign has been
launched. If the project is selected, funding would be identified prior to
entering into any formal grant agreement.
If the project is selected for funding, the City and County will need to negotiate
a lease for a portion of Rotary Park. The County has indicated they are willing to
enter into those discussions when the time is right, and has previously indicated
a willingness to host the skate park in this location. A wide-ranging community
engagement campaign conducted in 2021-22 identified Rotary Park as the
community's preferred location and provided many ideas for elements that will
be included in the park.
STAFF RECOMMENDATION: For Discussion Only
D. Sale of 720 Leonard Avenue Manager's Office
Staff is seeking approval of the sale of 720 Leonard Avenue. Commissioner Kilgo
has submitted a letter to Mayor Johnson indicating a conflict of interest as the
agent representing the buyer. Commissioner Kilgo will not participate in the
discussion or vote for this item.
STAFF RECOMMENDATION: Approve the purchase agreement for 720 Leonard
Avenue.
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REMOVED FROM AGENDA and to be considered at a later date. Commissioner
Kilgo has disclosed a conflict regarding this item and our charter requires that all
other commissioners vote in the affirmative for the measure to pass - one
commissioner was absent.
ANY OTHER BUSINESS
Chief Kozal commended the Muskegon Fire Department firefighters on their
performance during recent fire incidents and provided an update on
equipment that has been purchased as well as upcoming grant opportunities.
Chief Kozal also entertained questions from the Commission.
City Manager Jonathan Seyferth updated the Commission on assistance to
residents at Nelson Place who have been displaced.
Commissioner Kilgo announced that the Steele Neighborhood Association is
meeting at the current Steele Middle School building to discuss the future of the
building. If you would like to participate in the discussion, please come.
PUBLIC COMMENT ON NON-AGENDA ITEMS
Public comments received.
ADJOURNMENT
The City Commission meeting adjourned at 8:15 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 13, 2024 Title: Sale of 720 Leonard Avenue
Submitted by: LeighAnn Mikesell, Deputy City Department: Manager's Office
Manager
Brief Summary:
Staff is seeking approval of the sale of 720 Leonard Avenue.
Detailed Summary & Background:
720 Leonard Avenue was constructed through the agreement with Rudy Briggs to construct infill
housing with ARPA funding. The offer is for full asking price. Commissioner Kilgo has disclosed a
conflict of interest as he represents the buyer. A letter disclosing the conflict was provided to the
Mayor Johnson on January 17, 2024 and has been published on the city's website and Facebook
page.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
N/A Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A x
Recommended Motion:
To approve the purchase agreement for 720 Leonard Avenue.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
#
DATE: 11/16/2023 , (time) MLS # 71023133675
SELLING OFFICE: Pinnacle Realty BROKER LIC.#: 6505 REALTOR® PHONE: 2313275332
LISTING OFFICE: TLK Realty REALTOR® PHONE:
1. Effective Date: This Agreement is effective on the date of Seller's acceptance of Buyer's offer or Buyer's acceptance of any
counteroffer, as the case may be, and this date shall hereafter be referred to as the "Effective Date". Further, any reference to "days"
in this Agreement refers to calendar days. The first calendar day begins at 12:01 a.m. on the day after the Effective Date. Any reference
to "time" refers to local time.
2. Agency Disclosure: The Undersigned Buyer and Seller each acknowledge that they have read and signed the Disclosure Regarding
Real Estate Agency Relationships. The selling licensee is acting as (choose one):
Agent/Subagent of Seller Buyer’s Agent Dual Agent (with written, informed consent of both Buyer and Seller)
Transaction Coordinator
Primary Selling Agent Name: Jay Kilgo Email: [email protected] Lic.#: 6504431414
Alternate Selling Agent Name: Email: Lic.#:
3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.)
Buyer has received the Seller’s Disclosure Statement, dated .
Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to receipt
of the Seller’s Disclosure Statement. Once Buyer has received the Seller’s Disclosure Statement, Buyer may terminate this
Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours if received by
registered mail. Exceptions:
Seller is exempt from the requirements of the Seller Disclosure Act.
4. Lead-Based Paint Addendum: Transactions involving homes built prior to 1978 require a written disclosure which is hereby attached
and will be an integral part of this Agreement.
5. Property Description: Buyer offers to buy the property located in the City Village Township of Muskegon ,
County of Muskegon , Michigan, commonly known as (insert mailing address: street/city/state/zip code)
720 Leonard Avenue, Muskegon, MI 49442
with the following legal description and tax parcel ID numbers:
LOT 3, EXCEPT THE WEST 25.77 FEET, LOT 4, AND THE WEST 0.66 FEET OF LOT 5, BLOCK 3, GUNNS SUBDIVIDON OF PART OF BLOCK 2, CITY OF
MUSKEGON, MUSKEGON COUNTY, MICHIGAN.
PP# 61-24-405-003-0001-00 .
The following paragraph applies only if the Premises include unplatted land:
Seller agrees to grant Buyer at closing the right to make (insert number) ALL division(s) under Section 108(2), (3), and
(4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays
with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the
number stated; however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale
will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or
before 12/29/2023 , of the proposed division to create the Premises.
6. Purchase Price: Buyer offers to buy the Property for the sum of $ 224500
two hundred twenty-four thousand five hundred U.S. Dollars
7. Seller Concessions, if any: Seller to contribute $5,000 towards buyers closing costs, discount points and prepaid
8. Terms: The Terms of Purchase will be as indicated by “X” below: (Other unmarked terms of purchase do not apply.)
SOURCE OF FUNDS TO CLOSE: Buyer represents that the funds necessary to close this transaction on the terms specified below
are currently available to Buyer in cash or an equally liquid equivalent.
If the Property’s value stated in an appraisal obtained by Buyer or Buyer’s lender is less than the Purchase Price, Buyer shall within
three (3) days after receipt of the appraisal: 1) renegotiate with the Seller, 2) terminate the transaction, in which case Buyer shall
receive a refund of Buyer’s Earnest Money Deposit, or 3) proceed to close the transaction at the agreed Purchase Price.
CASH. The full Purchase Price upon execution and delivery of Warranty Deed. Buyer Agrees to provide Buyer Agent/Dual Agent
verification of funds within five (5) days after the Effective Date, and consents to the disclosure of such information to Seller and/or
Seller’s Agent. If verification of funds is not received within 5 days after the Effective Date, Seller may terminate this Agreement
at any time before verification of funds is received by giving written notice to Buyer. Any appraisal required by Buyer shall be
arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement.
NEW MORTGAGE. The full Purchase Price upon execution and delivery of Warranty Deed, contingent upon Buyer’s ability to
obtain a FHA type 30 (year) mortgage in the amount of 96.5 % of the Purchase Price
bearing interest at a rate not to exceed 8.5 % per annum (rate at time of loan application), on or before the date the sale is
to be closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs customarily charged by Buyer’s lender to
process the application, within 3 days after the Effective Date, not to impair Buyers’ credit after the date such loan if
offered. Seller Buyer will agree to pay an amount not to exceed $ 0 representing repairs required as a
condition of financing. Buyer agrees does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from
©Copyright, West Michigan REALTOR® Associations
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Buyer’s lender regarding Buyer’s financing, and consents to the disclosure of this information to Seller and/or Seller’s Agent.
Exceptions:
SELLER FINANCING (choose one of the following): CONTRACT or PURCHASE MONEY MORTGAGE
In the case of Seller financing, Buyer agrees to provide Seller with a credit report within 72 hours after the Effective Date. If the
credit report is unacceptable to Seller, Seller shall have the right to terminate this offer within 48 hours of Seller’s receipt, or if
Buyer fails to provide said credit report to Seller within the time frame allotted, Seller shall have the right to terminate this offer
within 48 hours. Seller is advised to seek professional advice regarding the credit report.
$ upon execution and delivery of a
form (name or type of form and revision date), a copy of which is attached, wherein the balance of $
will be payable in monthly installments of $ or more including interest at % per annum,
interest to start on date of closing, and first payment to become due thirty (30) days after date of closing. The entire unpaid balance
will become due and payable months after closing. Any appraisal required by Buyer shall be arranged and
paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions:
EQUITY (choose one of the following): Formal Assumption or Informal Assumption
Upon execution and delivery of: Warranty Deed subject to existing mortgage OR Assignment of Vendee Interest
in Land Contract, Buyer to pay the difference (approximately $ ) between the Purchase Price above
provided and the unpaid balance (approximately $ ) upon said mortgage or land contract, which Buyer
agrees to assume and pay. Buyer agrees to reimburse Seller for accumulated funds held in escrow, if any, for payment of future
taxes and insurance premiums, etc. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten
(10) days after the Effective Date of this Agreement. Exceptions:
OTHER:
9. Contingencies: Buyer’s obligation to consummate this transaction (choose one):
IS NOT CONTINGENT - is not contingent upon the sale or exchange of any other property by Buyer.
IS CONTINGENT UPON CLOSING - is contingent upon closing of an existing sale or exchange of Buyer’s property located at:
A copy of Buyer’s agreement to sell or exchange that property is being delivered to Seller along with this offer. If the existing sale
or exchange terminates for any reason, Buyer will immediately notify Seller, and either party may terminate this Agreement in
writing, within 3 days of Buyer’s notice to Seller. If either party terminates, Buyer shall receive a refund of any applicable Earnest
Money Deposit.
IS CONTINGENT UPON THE SALE AND CLOSING - is contingent upon the execution of a binding agreement and the closing
of a sale or exchange of Buyer’s property located at
on or before . Seller will have the right to continue to
market Seller’s Property until Buyer enters into a binding agreement to sell or exchange Buyer’s property and delivers a copy
thereof to Seller. During such marketing period, Seller may enter into a binding contract for sale to another purchaser on such
price and terms as the Seller deems appropriate. In such event, this Agreement will automatically terminate, Buyer will be notified
promptly, and Buyer’s Earnest Money Deposit will be refunded. Exceptions:
10. Fixtures & Improvements: The following is not intended to be an all-inclusive list of items included with the Property. All
improvements and appurtenances are included in the Purchase Price, if now in or on the Property, unless rented, including the
following: all buildings; landscaping; attached smart home devices; attached security systems; lighting fixtures and their shades and
bulbs; ceiling fans; hardware for draperies and curtains; window shades and blinds; built-in kitchen appliances, including garbage
disposal and drop-in ranges; wall to wall carpeting, if attached; all attached mirrors; all attached TV mounting brackets; all attached
shelving; attached work benches; stationary laundry tubs; water softener; water heater; incinerator; sump pump; water pump and
pressure tank; heating and air conditioning equipment (window units excluded); attached humidifiers; heating units, including add-on
heating stoves and heating stoves connected by flue pipe; fireplace screens, inserts, and grates; fireplace doors, if attached; liquid
heating and cooking fuel tanks; TV antenna and complete rotor equipment; satellite dish and necessary accessories and complete
rotor equipment; all support equipment for inground pools; screens and storm windows and doors; awnings; installed basketball
backboard, pole and goal; mailbox; flagpole(s); fencing, invisible inground fencing and all related equipment, including collars;
detached storage buildings; underground sprinkling, including the pump; installed outdoor grills; all plantings and bulbs; garage door
opener and control(s); and any and all items and fixtures permanently affixed to the Property; and also includes:
Stove, Fridge, Microwave Prefers Stainless Steel Appliances
but does not include:
720 Leonard Avenue, Muskegon, MI 49442 11/16/2023
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2023 JM Buyer’s Initials MF Seller’s Initials
11/20/23 12/07/23
4:43 PM EST 4:11 PM EST
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11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of
possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and
cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except
that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is
expended through normal use. Exceptions:
NONE
12. Assessments (choose one):
If the Property is subject to any assessments,
Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless
of any installment arrangements), except for any fees that are required to connect to public utilities.
Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume
and pay all other installments of such assessments.
Seller has an ongoing obligation through the Closing to disclose to the Buyer any known pending assessments, including, but not limited
to, any mandatory utility connection requirements, and/or benefit charges, and condominium special assessments, that have not been
previously disclosed in writing to Buyer.
13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all taxes
billed after those addressed below.
Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real property
tax information is available from the appropriate local assessor’s office. Buyer should not assume that Buyer’s future tax bills on the
Property will be the same as Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when
property is transferred.
No proration. (Choose one):
Buyer Seller will pay taxes billed summer (year);
Buyer Seller will pay taxes billed winter (year);
Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if
necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax payment
and prorated to the date of closing with Seller paying for January 1 through the day before closing.
Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one): advance. arrears.
Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal
year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken
down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing. Exceptions:
14. Well/Septic: Within ten (10) days after the Effective Date, (choose one) Seller or Buyer will arrange for, at their own expense,
an inspection of the primary well used for human consumption (including a water quality test for coliform bacteria and nitrates) and
septic systems in use on the Property. The inspection will be performed by a qualified inspector in a manner that meets county (or
other local governmental authority, if applicable) protocol.
If any report discloses a condition unsatisfactory to Buyer, or doesn’t meet county standards that are a condition of sale, Buyer may,
within three (3) days after Buyer has received the report, by written notice to Seller, either terminate this Agreement and receive a
refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails
to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the well/septic as-is.
Seller will respond in writing within three (3) days to Buyer’s request. If Seller fails to respond or to arrive at a mutually agreeable
resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer will have three (3) days to provide written notice of
termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate the contract,
Buyer will proceed to closing according to the terms and conditions of this Agreement.
Other: N/A
15. Inspections & Investigations:
Inspections: Buyer, or someone selected by Buyer, has the right to inspect the buildings, premises, components and systems, at
Buyer’s expense. Any damage, misuse, abuse, or neglect of any portion of the Property or premises as a result of inspections will be
Buyer’s responsibility and expense.
Investigations: It is Buyer’s responsibility to investigate (i) whether the Property complies with applicable codes and local ordinances
and whether the Property is zoned for Buyer’s intended use; (ii) whether Buyer can obtain a homeowner’s insurance policy for the
Property at price and terms acceptable to Buyer; (iii) and whether or not the Property is in a flood zone.
All inspections and investigations will be completed within ____7 days after the Effective Date. If the results of Buyer’s inspections and
investigations are not acceptable to Buyer, Buyer may, within the above referenced period, either (a) terminate this Agreement by
written notice to Seller and receive a refund of Buyer’s Earnest Money Deposit, or (b) make a written proposal to Seller to correct those
unsatisfactory conditions, which proposal must be in the form of a proposed addendum and must be signed by Buyer in order for it to
be effective. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have
720 Leonard Avenue, Muskegon, MI 49442 11/16/2023
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
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accepted the Property as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal or terminate this
Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of
Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and receive a refund of
any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will be deemed
to accept the Inspections & Investigations and will proceed to closing according to the terms and conditions of this Agreement.
Buyer has waived all rights under this Inspections & Investigations paragraph.
Exceptions: NONE
16. Municipal Compliances: Seller will arrange and pay for current certificates of occupancy, sidewalk compliance, and smoke detector
ordinances, if applicable.
17. Title Insurance: Seller agrees to convey marketable title to the Property subject to conditions, limitations, reservation of oil, gas and
other mineral rights, existing zoning ordinances, and building and use restrictions and easements of record. An expanded coverage
ALTA Homeowner’s Policy of Title Insurance in the amount of the Purchase Price shall be ordered by Seller and furnished to Buyer at
Seller’s expense, and a commitment to issue a policy insuring marketable title vested in Buyer, including a real estate tax status
report, will be made available to Buyer within ten (10) days after the Effective Date. If Buyer so chooses, or if an expanded policy is
not applicable, then a standard ALTA Owners’ Policy of Title Insurance shall be provided.
If Buyer objects to any conditions, Buyer may, within three (3) days of receipt of the Title Commitment, by written notice to Seller,
either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct
those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be
deemed to have accepted the Title Commitment as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s
proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days
after Seller’s receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and
shall receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day
period, Buyer will be deemed to accept the Title Commitment as-is and will proceed to closing according to the terms and conditions
of this Agreement. Exceptions:
NONE
18. Property Survey: Broker advises that Buyer should have a survey performed to satisfy Buyer as to the boundaries of the Property
and the location of improvements thereon.
Buyer or Seller (choose one) shall within ten (10) days of the Effective Date, order, at their expense, a boundary survey with iron
corner stakes showing the location of the boundaries, improvements and easements in connection with the Property. Upon receipt of
the survey, Buyer will have three (3) days to review the survey. If the survey shows any condition, in Buyer’s sole discretion, which
would interfere with Buyer’s intended use of the Property, the marketability of the title, or zoning non-compliance, then Buyer may,
within said three (3) day period, terminate this Agreement, in writing, and Buyer will receive a full refund of Buyer’s Earnest Money
Deposit.
No survey. Buyer has waived all rights under this paragraph.
When closing occurs, Buyer shall be deemed to have accepted the boundaries of the Property and the location of such improvements
thereon. Exceptions:
NONE
19. Home Protection Plan: Buyer and Seller have been informed that home protection plans may be available. Such plans may provide
additional protection and benefit to the parties. Exceptions:
20. Prorations: Rent; association dues/fees, if any; insurance, if assigned; interest on any existing land contract, mortgage or lien
assumed by Buyer; will all be adjusted to the date of closing. For the purposes of calculating prorations, it is presumed that Seller
owns the Property through the day before closing.
21. Closing: If agreeable to Buyer and Seller, the sale will be closed as soon as closing documents are ready, but not later than
02/20/2024 . An additional period of fifteen (15) days will be allowed for closing to accommodate the correction of
title defects or survey problems which can be readily corrected, or for delays in obtaining any lender required inspections/repairs. During
this additional period, the closing will be held within 5 days after all parties have been notified that all necessary documents have been
prepared. Buyer and Seller will each pay their title company closing fee, if applicable, except in the case of VA financing where Seller
will pay the entire closing fee. Exceptions:
The Buyer would like to close before Feb, 20th
22. Pre-Closing Walk-Through: Buyer (choose one) reserves waives the right to conduct a final walk-through of the
Property within three (3) days of the scheduled closing date. The purpose of the walk-through is to determine that the Property is in
a substantially similar condition as of the Effective Date, any contractually agreed upon items have been fulfilled, and that any included
personal property is still located at the Property. Buyer shall immediately report to Seller any objections to these conditions and Buyer’s
requested corrective action.
23. Possession: Seller will maintain the Property in its present condition until the completion of the closing of the sale. Possession to be
delivered to Buyer, subject to rights of present tenants, if any.
At the completion of the closing of the sale.
At a.m. p.m. on the day after completion of the closing of the sale, during which time Seller
720 Leonard Avenue, Muskegon, MI 49442 11/16/2023
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
JM Buyer’s Initials MF Seller’s Initials
Revision Date 1/2023 11/20/23 12/07/23
4:43 PM EST 4:11 PM EST
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dotloop signature verification: dtlp.us/my2X-RzvG-nm4k
West Michigan Regional Purchase Agreement Page 5 of 6
will have the privilege to occupy the Property and hereby agrees to pay Buyer $ 0 as an occupancy
fee for this period payable at closing, WITHOUT PRORATION. Payment shall be made in the form of cash or certified funds.
If Seller fails to deliver possession to Buyer on the agreed date, Seller shall become a tenant at sufferance and shall pay to Buyer as
liquidated damages $ 100 per day plus all of the Buyer’s actual reasonable attorney's fees incurred in removing the Seller
from the Property.
If Seller occupies the Property after closing, Seller will pay all utilities during such occupancy. Buyer will maintain the structure and
mechanical systems at the Property. However, any repairs or replacements necessitated by Seller’s misuse, abuse, or neglect of any
portion of the Property will be Seller’s responsibility and expense.
On the agreed delivery date, Seller shall deliver the Property free of trash and debris and in broom-clean condition, shall remove all
personal property (unless otherwise stated in this or an additional written agreement), shall make arrangements for final payment on
all utilities, and shall deliver all keys to Buyer. Exceptions:
NONE
24. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until 5:00PM (time) on
11/27/2023 (date), to deliver the written acceptance of this offer and agrees that this offer, when accepted by
Seller, will constitute a binding Agreement between Buyer and Seller. An Earnest Money Deposit in the amount of $ 1,000
shall be submitted to Transnation Title (insert name of broker, title
company, other) within 72 hours of the Effective Date of this Agreement, and shall be applied against the Purchase Price. If the Earnest
Money Deposit is not received within 72 hours of the Effective Date or is returned for insufficient funds, Seller may terminate this
Agreement until such time as the Earnest Money Deposit is received. If Seller terminates this Agreement under this provision, Seller
waives any claim to the Earnest Money Deposit. If the sale is not closed due to a failure to satisfy a contingency for a reason other
than the fault of Buyer, the Earnest Money Deposit shall be refunded to Buyer. If the sale is not closed as provided in this Agreement
and Buyer and Seller do not agree to the disposition of the Earnest Money Deposit, then Buyer and Seller agree that the Broker holding
the Earnest Money Deposit may notify Buyer and Seller, in writing, of Broker’s intended disposition of the Earnest Money Deposit. If
Buyer and Seller do not object to such disposition in writing within fifteen (15) days after the date of Broker’s notice, they will be deemed
to have agreed to Broker’s proposed disposition; if either Buyer or Seller object and no mutually agreeable disposition can be
negotiated, Broker may deposit the funds by interpleader with a court of proper jurisdiction or await further actions by Buyer and Seller.
In the event of litigation involving the deposit, in whole or in part, either the Seller or the Buyer that is not the prevailing party, as
determined by the court, will reimburse the other for reasonable attorneys’ fees and expenses incurred in connection with the litigation,
and will reimburse the Broker for any reasonable attorneys’ fees and expenses incurred in connection with any interpleader action
instituted. If the entity holding the Earnest Money Deposit is not the Broker, then to the extent that the terms of any escrow agreement
conflict with this paragraph, then the terms and conditions of the escrow agreement shall control.
25. Professional Advice: Broker hereby advises Buyer and Seller to seek legal, tax, environmental and other appropriate professional
advice relating to this transaction. Broker does not make any representations or warranties with respect to the advisability of, or the
legal effect of this transaction. Buyer further acknowledges that REALTOR® above named in the Agreement hereby recommends to
Buyer that an attorney be retained by Buyer to pass upon the marketability of the title and to ascertain that the required details of the
sale are adhered to before the transaction is consummated. Buyer agrees that Buyer is not relying on any representation or statement
made by Seller or any real estate salesperson (whether intentionally or negligently) regarding any aspect of the Property or this sale
transaction, except as may be expressly set forth in this Agreement, a written amendment to this Agreement, or a disclosure statement
separately signed by Seller.
26. Disclosure of Information: Buyer and Seller acknowledge and agree that the Purchase Price, terms, and other details with respect
to this transaction (when closed) are not confidential, will be disclosed to REALTORS® who participate in the applicable Multiple Listing
Service, and may otherwise be used and/or published by that Multiple Listing Service in the ordinary course of its business.
27. Other Provisions:
28. Mergers and Integrations: This Agreement is the final expression of the complete agreement of Buyer and Seller, and there are no
oral agreements existing between Buyer and Seller relating to this transaction. This Agreement may be amended only in writing signed
by Buyer and Seller and attached to this Agreement.
29. Fax/Electronic Distribution and Electronic Signatures: Buyer and Seller agree that any signed copy of this Agreement, and any
amendments or addendums related to this transaction, transmitted by facsimile or other electronic means shall be competent evidence
of its contents to the same effect as an original signed copy. Buyer and Seller further agree that an electronic signature is the legal
equivalent of a manual or handwritten signature, and consent to use of electronic signatures. Buyer and Seller agree that any notice(s)
required or permitted under this Agreement may also be transmitted by facsimile or other electronic means.
30. Wire Fraud: Seller and Buyer are advised that wire fraud is an increasingly common problem. If you receive any electronic
720 Leonard Avenue, Muskegon, MI 49442 11/16/2023
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
JM Buyer’s Initials MF Seller’s Initials
Revision Date 1/2023 11/20/23 12/07/23
4:43 PM EST 4:11 PM EST
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West Michigan Regional Purchase Agreement Page 6 of 6
communication directing you to transfer funds or provide nonpublic personal information (such as social security numbers, drivers’
license numbers, wire instructions, bank account numbers, etc.), even if that electronic communication appears to be from the
Broker, Title Company, or Lender, DO NOT reply until you have verified the authenticity of the email by direct communication with
Broker, Title Company, or Lender. DO NOT use telephone numbers provided in the email. Such requests may be part of a scheme
to steal funds or use your identity.
31. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer.
Buyer 1 Address X Jabrea Mcquarter Buyer
dotloop verified
11/20/23 4:43 PM EST
KBHT-EQCW-EEEF-DWR0
Buyer 1 Phone: (Res.) (Bus.) Jabrea Mcquarter
Print name as you want it to appear on documents.
Buyer 2 Address X Buyer
Buyer 2 Phone: (Res.) (Bus.)
Print name as you want it to appear on documents.
32. Seller’s Response: The above offer is approved: As written. As written except:
Counteroffer, if any, expires , at (time). Seller has the right to withdraw this
counteroffer and to accept other offers until Seller or Seller’s Agent has received notice of Buyer’s acceptance.
33. Certification of Previous Disclosure Statement: Seller certifies to Buyer that the Property is currently in the same condition as
disclosed in the Seller’s Disclosure Statement dated (choose one): Yes No.
Seller agrees to inform Buyer in writing of any changes in the content of the disclosure statement prior to closing.
34. Notice to Seller: Seller understands that consummation of the sale or transfer of the Property described in this Agreement will not
relieve Seller of any liability that Seller may have under the mortgages to which the Property is subject, unless otherwise agreed to by
the lender or required by law or regulation. Buyer and Seller are advised that a Notice to Seller & Buyer of Underlying Mortgage form
is available from the respective agents via the West Michigan REALTOR® Boards.
35. Listing Office Address: Listing Broker License #
Listing Agent Name: Terri Kitchen Listing Agent License #
36. Seller’s Approval and Acknowledgment: Seller approves the terms of this Agreement and acknowledges receipt of a copy. If Seller’s
response occurs after Buyer’s offer expires, then Seller’s response is considered a counteroffer and Buyer’s acceptance is required
below.
X (Seller’s Signature, Date, Time): Mike Franzak
dotloop verified
12/07/23 2:29 PM EST
ZARE-4ECU-RTCZ-1SPQ
Is Seller a U.S. Citizen or Resident Alien? Yes No*
Print name as you want it to appear on documents.
X (Seller’s Signature, Date, Time):
Is Seller a U.S. Citizen or Resident Alien? Yes No*
Print name as you want it to appear on documents.
Seller’s Address: Seller’s Phone (Res.) (Bus)
* If Seller(s) is not a U.S. Citizen or Resident Alien, there may be tax implications and Buyer and Seller are advised to seek professional advice.
37. Buyer’s Receipt/Acceptance: Buyer acknowledges receipt of Seller’s response to Buyer’s offer. In the event Seller’s response
constitutes a counteroffer, Buyer accepts said counteroffer. All other terms and conditions in the offer remain unchanged.
X (Buyer’s Signature, Date, Time):
X (Buyer’s Signature, Date, Time):
38. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counter offer.
X (Seller’s Signature, Date, Time):
X (Seller’s Signature, Date, Time):
720 Leonard Avenue, Muskegon, MI 49442 11/16/2023
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2023 JM Buyer’s Initials MF Seller’s Initials
11/20/23 12/07/23
4:43 PM EST 4:11 PM EST
dotloop verified dotloop verified
Page 30 of 235
Affirmative Action
(231)724-6703
FAX (231)722-1214
Assessor/
Equalization Co.
(231)724-6386
FAX (231)724-1129
Cemetery/Forestry
(231)724-6783
FAX (231)724-4188
City Manager
(231)724-6724
FAX (231)722-1214 January 17th, 2024
Clerk
(231)724-6705
FAX (231)724-4178
Comm. & Neigh.
Services
(231)724-6717
FAX (231)726-2501 Mayor Ken Johnson
Muskegon City Hall
Computer Info.
Technology 933 Terrace Street
(231)724-4126
FAX (231)722-4301 Muskegon, MI 49440
Engineering
(231)724-6707 Re: Conflict of Interest: Jay Kilgo Pinnacle Realty
FAX (231)727-6904
Finance Dear Mayor Johnson:
(231)724-6713
FAX (231)726-2325
The City of Muskegon is considering approving the sale of 720 Leonard St. Muskegon, MI 49442. The
Fire Department
(231)724-6795 city will be using brownfield funds to off set the cost of this sale. As a City Commissioner for the City
FAX (231)724-6985 of Muskegon, the following letter is provided.
Human Resources
Co. (Civil Service) It is my understanding that the city of Muskegon is considering selling 720 Leonard St. for a sale price
(231)724-6442
FAX (231)724-6840 of $224,500 & the seller to contribute $5,000 towards buyers closing costs, discount points and
prepaids to help cover the closing costs for the buyer.
Income Tax
(231)724-6770
FAX (231)724-6768 I Jay Kilgo City Commissioner Wrote this Purchase agreement for one of my Clients who is looking to
Mayor’s Office buy this property. As you are aware I am a licensed Real Estate Broker in the state of Michigan, and I
(231)724-6701 love helping new homeowners here in the city. My client qualifies for the income requirements for the
FAX (231)722-1214
infill housing here in the city, and she identified these homes in Jackson Hill to attempt to purchase. I
Planning/Zoning hope that the city can approve the sale to this client for this property.
(231)724-6702
FAX (231)724-6790
Police Department
If you have any questions, please feel free to contact me.
(231)724-6750
FAX (231)722-5140
Very truly yours,
Public Works
(231)724-4100
FAX (231)722-4188 Jay Kilgo
SafeBuilt City Commissioner Ward 1
(Inspections)
(231)724-6715
FAX (231)728-4371
Treasurer
(231)724-6720
FAX (231)724-6768
Water Billing
(231)724-6718
FAX (231)724-6768
Water Filtration
(231)724-4106
FAX (231)755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
https://muskegon-mi.gov
Page 31 of 235
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 13, 2024 Title: Lumberjacks Build Out
Submitted by: Jake Laime, Arena Manager Department: Arena
Brief Summary:
Seeking approval to construct updated proof of concept for construction of the Lumberjacks space
at Trinity Health Arena.
Detailed Summary & Background:
Detailed Summary & Background:
Muskegon Lumberjacks Organization LLC, parent company of the USHL’s Muskegon Lumberjacks,
have been approved to construct a second story office suite above their existing players lounge and
coaches offices. The proposed space would be built into the necessary locker room and supporting
medical space to provide the Lumberjacks the best amenities and continued success in player
recruitment while also providing a much needed presence and access to and from the arena
concourse. All construction would be fully funded by the Muskegon Lumberjacks Organization LLC.
Due to the nature of the cost to build, the Muskegon Lumberjacks Organization LLC is requesting 2
additional 5yr renewal options added to their shared use agreement. Attached is the proposed sixth
amendment as well as a general concept of construction. Since the approval on May 23, 2023...the
proof of concept has changed. The Lumberjacks are seeking a re-approval on the new concept as
they would like to begin construction as soon as April.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Events and activities
Goal/Action Item:
Action Item 2022 – 1.4 Proceed with events and activities
Amount Requested: Budgeted Item:
$0 Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
Approve new proof of concept for construction of the Lumberjacks space at Trinity Health Arena.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Page 32 of 235
Head Yes
Information
Technology
Other Division Heads X
Communication
Legal Review X
Page 33 of 235
ph: 616-288-4989
www.spark43arch.com
GRAND RAPIDS, MI 49546
160 CALAIS CT SE
2 3 4 6
2 1
RY
A3.00 A3.50
SO
VI
ON
AD
UC R
Y+
Moveable Tool Cart
AR
TR FO
(Gameday)
IN
TI
IM
EL
Remove the exterior Walkway
PR
NS OT
handles. 1 3 5
Replace Door
A3.60 A7.00 A3.60
Column/Load 4 4
2
CO N
Bearing A7.00 A3.60 A3.60 2
A8.00
88'-0"
COORD W/ 2
STRUCT. RE DUMB MECH.
172 SF PLAYER LOUNGE 2
2 WAITER OPENING 2
SHOWERS 1 3 2076 A3.60
A3.50 A5.00 A3.50
104 SF
6
4 1
15' - 3 1/4"
Glove Dryers LOCKER ROOM 88'-0" A8.00
SPACE RENOVATIONS
470 WEST WESTERN AVENUE, MUSKEGON, MI 49440
LOCKER ROOM D LOCKER ROOM C LOCKER ROOM B JACKS LAUNDRY 5 A5.00 7 1128 SF
536 SF 533 SF 483 SF
LUMBERJACKS TEAM
277 SF RR
8 151 SF
SKATE
SHARPENING
RR DRY STACK ELEV.
98 SF 90'-0"
118 SF 141 SF 77 SF
ELEV. MACHINE
91 SF
H DN H
90'-0"
New Space for Jake
HALL. VEST.
CIRC. 148 SF 61 SF 1
1021
A3.61
DUTCH DOOR 1
A3.00
EXIST. RR
93 SF RECEP.
SKATE Redundant Room
STORAGE ATHL. MED.
97 SF SHARPENING COACH'S LR
77 SF 379 SF
1023 COACH'S WET 3
1024
1 A5.01
Room 2 A5.01 4
258 SF
OPEN BULLPEN
3 HYDRO 771 SF 3
STORAGE
232 SF 1 308 SF
A3.50 IT ROOM A3.50
Add this space for A7.00
1026
Jake
6' Add Game day Glass
-0
" door?
CIRC. OFFICE
6' - 0"
1027 101 SF
90'-0"
G G
CONF.
248 SF
6
EQUIP MTG.
229 SF 132 SF
5 A5.01 7
8
Locker
DN
HALL I.T.
139 SF 31 SF
Project No.: 2307
Create ADA restroom 92'-0" All information appearing herein shall not be duplicated, discharged or otherwise
& Locker room. used without the written consent of SPARK 43 ARCHITECTS, PLLC.
Shower COACH COACH COACH COACH Room
Toilet 83 SF 83 SF 85 SF 97 SF 2067
No. Issues/Revisions: Date
92'-0"
CIRC. 90'-0"
Ref 277 SF
F F
CITY OF MUSKEGON
1512 SF
Autodesk Docs://2307 Lumberjacks Locker Room/2307 Lumberjacks Locker Room.rvt
FLOOR PLANS
E E
1
BUILDING PERMIT / CONSTRUCTION
A3.50
1 FLOOR PLAN - SUB CONCOURSE LEVEL
1/10/2024 10:19:29 AM
A2.00
A3.00 1/8" = 1'-0"
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 13, 2024 Title: Employee Assistance Program & UFirst
Submitted by: Dwana Thompson, Employee Department: Employee Relations
Relations Director
Brief Summary:
Staff is requesting approval of Ulliance as the vendor that will be providing our Employee Assistance
Program services and UFirst services for public safety personnel.
Detailed Summary & Background:
In August we received a non-renewal letter from our previous EAP provider Trinity Health Work Life
Services, that they are closing. I solicited three recommended providers Encompass, Pine Rest, and
Ulliance. I recommend Ulliance after speaking with some organizations that use them, and the
familiarity of our new human resources analyst. Response time for services is always a concern, and
those I spoke with seemed satisfied.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Destination Community & Quality of Life
Goal/Action Item:
Amount Requested: Budgeted Item:
$17,000 we are currently budgeted for $10,000, I Yes N/A
would like to amend the budget to
accommodate $17,000
Fund(s) or Account(s): Budget Amendment Needed:
101-269-809 Yes No N/A
Recommended Motion:
Approve the agreement with Ulliance for EAP and UFirst services pending final legal review and
authorize the Mayor and Clerk to sign
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head Yes
Information
Technology
Other Division Heads
Page 43 of 235
Communication
Legal Review
Page 44 of 235
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 13, 2024 Title: Poverty Exemption Updates
Submitted by: Sarah Wilson, City Treasurer Department: Treasury
Brief Summary:
We last updated our Poverty Exemption Policy in 2022. Our assessor reviews the policy annually and
has suggested updates this year in order to comply with State standards.
Detailed Summary & Background:
It is recommended that we remove the section regarding the reduction and phase out. Although
we added that section in 2022 and modeled it after another (larger) city, recent decisions indicate
this section would not pass the State audit. The State audits our policy every five years.
It has also been recommended that we add a line indicating it is necessary to file State forms 5737,
Application for MCL 211.7u Poverty Exemption, and 5739, Affirmation of Ownership and Occupancy
to Remain Exempt by Reason of Poverty, each year. The State has created these standardized forms
to replace the old forms, which were created by each municipality.
The attached document indicates the recommended changes.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Action Item 2022 – 3.3 Update and implement internal communication policies
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
Approve the recommended changes to the attached Poverty Exemption Policy.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Page 45 of 235
Other Division Heads
Communication
Legal Review
Page 46 of 235
Property owners who desire, pursuant to MCL123.165, to avoid a tenant’s unpaid water/sewer bill
from becoming a lien against the real estate, may execute an affidavit and file it with the City of
Muskegon Water/Sewer Billing Department, 933 Terrace Street, Muskegon, MI 49440, together
with a deposit of an amount which may be established from time to time by the Muskegon City
Commission. A copy of the executed lease agreement must also be provided. The owner is
required to use the affidavit form provided by the City. The requirements and contents of the
affidavit are as follows:
1) The written lease with tenant; said lease must specifically provide that the tenant, not
the owner of the property, is directly responsible for all water and sewer bills associated
with the unit under lease to that tenant.
2) The affidavit must be filled in completely, accurately, signed and notarized. If it is not
correctly and completely filled out, signed and notarized, any benefits allowed pursuant
to MCL 123.165 will not be available to the property owner.
3) If there is more than one property owner or tenant; said affidavit must provide all
applicable names. All required data must provide for said affidavit to be valid and
enforceable.
4) The affidavit must contain the exact date upon which the tenant’s written lease
terminates. If the lease is extended, the extension must be in writing and the new
termination date provided to the City with an affidavit containing the new information.
5) The required deposit must be paid at the time of submission of the affidavit to the City.
XXV. POVERTY EXEMPTION INCOME GUIDELINES
The guidelines shall include but not be limited to the specific income and asset levels of the
claimant and all persons residing in the residence.
To be eligible, a person shall do all of the following on an annual basis:
1) Be an owner of and occupy as a principal residence the property for which an
exemption is requested.
2) File a claim with the City Assessor or Board of Review, accompanied by Federal and
State Income tax returns for all persons residing in the residence, or a form 4988, if
applicable.
3) Produce a valid driver’s license or other form of positive identification if requested.
4) Produce a deed, land contract, or other evidence of ownership of the property for
which an exemption is requested if requested.
5) Meet the Federal poverty income guidelines as defined and determined annually by
the United States Office of Management and Budget (or its successor).
6) Total household assets, except for the principal residence being claimed, essential
household goods, and one motor vehicle, may not exceed one quarter (25%) of the
Federal poverty guideline for the entire household. Assets include, but are not
limited to real estate, motor vehicles, recreational vehicles and equipment, time
shares, certificates of deposit, savings accounts, checking accounts, stocks, bonds,
life insurance, retirement funds, antiques and collectibles, etc. Assets do not include
basic essential household goods such as furniture, appliances, dishes and clothing.
The value of assets will not be reduced by the amount of any indebtedness owed on
such assets, or any indebtedness otherwise owed by the applicant or members of
the household.
Page 47 of 235
7) File forms 5737, Application for MCL 211.7u Poverty Exemption, and 5739,
Affirmation of Ownership and Occupancy to Remain Exempt by Reason of Poverty.
The Board of Review shall follow the above stated policy and Federal guidelines in granting or
denying an exemption. Relief granted the first year of exemption approval is 100%. Unless the
applicant has a fixed income and is over the age of 65 or permanently disabled; the taxable value
reduction will be 50% in subsequent years 2 through 4; the taxable value reduction will be 25% in
year 5 and thereafter. Updated 2/13/2024
sc
XXVI. INCOME TAX POLICIES
PAYMENT AGREEMENTS
The City of Muskegon Income Tax Office does accept payment agreements. The terms of the
agreement are as follows:
Twenty five percent (25%) of the total tax due for all years must be paid plus a $15.00
fee.
The remaining balance must be paid one year from the inception of the agreement.
All future tax liabilities must be paid on time. This includes withholding tax payments if
required.
Interest and penalties will continue to accrue until the payment plan is paid in full.
The City of Muskegon has the right to void this agreement at anytime.
If the taxpayer does not remain current on their payment agreement the City of Muskegon has
the right to pursue payment through the court system or a collection agency.
WRITE OFF POLICY
The Income Tax Department may write off income tax liability deemed not collectable due to
death or other reason. The Income Tax Administrator is authorized after ten (10) years to review
and to write off total tax liability of a taxpayer up to $15,000. Income Tax liability over $15,000
requires City Commission approval before a write off can occur.
PROOF OF RESIDENCY
The City of Muskegon Income Tax follows the State of Michigan law to determine residency.
Resident means an individual domiciled in the city. Domicile means a place where a person has
true, fixed and permanent home and principle residence.
Michigan law defines principal residence as the one place where a person has his or her true,
fixed, and permanent home to which, whenever absent he or she intends to return and that shall
continue as a principal residence until another principal residence is established.
In order to verify a person’s claim that a particular property is a principal residence, the City of
Muskegon will accept various documents that, taken together, to establish that the person or
persons is a resident. Examples include drivers license, voter registration card, state
identification cards, property tax records, mortgage deeds, rental agreements, income tax
records and other documentation. No one of these factors taken alone is controlling over any
other factor.
Page 48 of 235
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 13, 2024 Title: Frosty Boyz 420 Party-Cannabis Event
Submitted by: Jacqui Erny, Admin Department: DPW- Parks and Recreation
Brief Summary:
Options Health Group LLC has applied to have a cannabis event at 2119 Lemuel St on 4/20/2024. All
cannabis events must be approved by commission before the City Clerk can confirm with the CRA
the local municipality is aware of the event and approves the event.
Detailed Summary & Background:
The Options Health Group LLC has plans for a new cannabis event on 4/20/2024 at 2119 Lemuel St (5
acres of land next to Grassy Knoll Dispensary). The event would feature artists, performers, 9 cannabis
vendors, a consumption lounge, 20 art and craft vendors, and 3 food trucks. A meeting was held
with the event organizers, Public Works staff, Police Department, and Fire Department to review all
requirements and address any concerns. There have been small events held on this property
previously with no complaints from Public Safety. Since cannabis is being sold at this event,
Commission approval is required. Included is the full application and site map.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Events and activities
Goal/Action Item:
Action Item 2022 – 1.4 Proceed with events and activities
Amount Requested: Budgeted Item:
NA Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
NA Yes No N/A
Recommended Motion:
Approve the cannabis event for Options Health Group LLC at 2119 Lemuel St on 4/20/2024.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head Yes
Information
Technology
Other Division Heads
Page 49 of 235
Communication
Legal Review
Page 50 of 235
From: [email protected]
To: Jacqui Erny; Mike Vandermolen
Subject: Special Events Application
Date: Friday, January 5, 2024 2:26:28 PM
Event Name
Frosty Boyz 420 Party
Event Start Date
04/20/2024
How Many Days
1
Event Start Time
03:00 pm
Event End Time
10:00 pm
Event Location
2119 Lemuel Street
Setup Start Date
01/19/2024
Setup Start Time
08:00 am
Tear Down Complete by Date
01/21/2024
Tear Down Complete by Time
08:00 am
Additional Information About Setup or Tear Down
Redi Rental will take care of set up and tear down
Organization Name
Options Health Group LLC
Applicant's Name / Responsible Party
Janet Tombre
Address
2099 maryland blvd
norton shores, Michigan 49441
Map It
Phone
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(616) 893-3659
Email
[email protected]
Contact Name & Phone Number During Event
(616) 893-3659
Will there be alcohol sold/served at the event?
No
Will there be cannabis sold at the event?
Yes
Will there be cannabis consumed at the event?
Yes
Event Site Details
Location: 2119 Lemuel Street, next to Grassy Knoll Dispensary
1. Layout and Set-Up:
- The event will be set up on the 5 acres of land next to Grassy Knoll Dispensary.
- The main area will have a 60 x 40 tent provided by Redi Rental, for the cannabis vendors.
- A 12x12 stage will also be provided by Redi Rental for artists and performers.
- The 9 cannabis vendors will be placed around the tent, with enough space for attendees to comfortably
browse and purchase products.
- The 20 art and craft vendors will be located around the perimeter of the event area.
- The 3 food truck vendors will be placed near the entrance for easy access to food.
- Fire extinguishers will be strategically placed throughout the event area, with a minimum of 5
extinguishers.
- Every table will have ashtrays for the consumption of cannabis.
2. Entertainment:
- Frosty Boyz Entertainment will provide entertainment for the event.
- They will bring a Funktion 1 sound system for optimum audio quality.
- 7 artists will perform throughout the duration of the event on the stage.
3. Staff:
-There will be a total of 10 staff members at the event.
- Staff members will be responsible for checking IDs, ensuring the safety and security of attendees, and
general event management.
- Two staff members will be stationed at the front entrance to check IDs and provide security.
- The remaining staff members will be responsible for walking around the event area, ensuring
compliance with event regulations, and providing assistance to attendees as needed.
Map Upload
Event-Site-Map.png
Number of people expected at event?
500
Is this a new/ first-time event?
Yes
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Will there be food concessions at the event?
Yes
What is the plan to dispose of grey water?
n/a
Will there be emergency medical services present?
No
Will there be pyrotechnics/fire features at the event?
Yes
Will you have your own security present?
No
Number/location of trash cans/bins?
12
Number/location/size of dumpsters?
20 gallon barrels 1 large 10 x 8 dumpster on site
Number/location of portable toilet facilities provided?
3
Will there be a stage assembled on site?
Yes
Stage Size
12x12
Stage Assembled by?
redi rental
Are you requesting any other City services or equipment? (use of water, electric, etc.)
No
Are you requesting any STREET CLOSURES
No
Name of Insurance Company/Agent
Conifer Insurance / Austin Wierenga
Your Name
Janet Tombre
Signature Acknowledgement
Check here to acknowledge your signature.
Date
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01/05/2024
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 13, 2024 Title: Senior Municipal Funding FY24
Submitted by: Sharonda Carson, CNS Director Department: Community & Neighborhood
Services
Brief Summary:
To approve allocations of the Municipal Senior Millage funding to city programs geared toward
citizens who are 60 years of age, or older.
Detailed Summary & Background:
An allocation of $107,277.00 from the county of Muskegon FY24 Municipal Senior Millage funding
is budgeted for the following programs;
Home Repairs (CNS): $87,277.00
Senior Power of Produce: $ 20,000.00
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Key Focus Area - Blight cleanup
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
To approve the budget proposed for City of Muskegon programs utilizing FY24 Municipal Senior
Millage Funds from the County of Muskegon.
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
Information
Technology
Other Division Heads
Communication
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Legal Review
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Public Health – Muskegon County • 1903 Marquette Ave • Suite S101• Muskegon, MI 49442
Main: 231.724.6246 • Fax: 231.724.6674 • www.muskegonhealth.net
DATE: Friday, December 29, 2023
TO: Municipalities
RE: FY24 Municipal Senior Millage Funding
Attached you will find the Allocation Summary and Distribution Table for the FY24 Municipal Senior
Millage funding.
We understand that some names and contact information for municipalities may have changed. If you
are not the primary contact for this funding, please send us the updated information.
To accept this funding, you must present a 1-2 page plan approved by your governing entity (Council or
Board) and endorsed by the jurisdictional County Commissioner(s). If your FY24 plan is a continuation
of FY23 activities, note that in the email.
All correspondences and related documentation (plans, reports, requests, etc.) should be sent to:
[email protected]
Please note that this is the last allocation for municipal senior millage funding under the current public
approved millage/tax levy. A ballot for renewal of the previously authorized senior millage for a period
of 8 years (2024-2031) is expected to be presented for public vote in 2024.
Thank you.
Kathy Moore, Public Health Director
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Municipal Allocation Summary
The Muskegon County Board of Commissioners approved allocating up to 25% of the annual senior millage
funds to local municipalities (2019-427) to coordinate and provide services, programs, and/or activities for
seniors in their jurisdictions. The funding formula includes a $3,500 base for each municipality plus a pro-rated
amount based on the population of seniors in the jurisdiction. Municipalities are encouraged to leverage funds
and minimize duplication by working with categorical grantees and/or each other.
Key points:
➢ 100% optional – submit an annual plan/budget to “opt in” each year.
➢ It does not prohibit or limit municipalities from applying for and receiving funding via the grant process.
➢ Municipalities must submit a 1 - 2 page plan approved by the governing entity & endorsed by the
jurisdictional County Commissioner.
➢ Funding will follow the County fiscal year October 1, 2023 – September 30, 2024.
➢ Quarterly reports required (financial and participant demographics) – monthly reports encouraged.
➢ Please forward all related correspondence to: [email protected]
➢ Advance, partial, interim and/or final allocation payments will be processed upon receipt of written
request along with required/appropriate documentation.
Population to be served:
1. All persons 60 years of age or older or their caregivers who meet the criteria established for services
shall be eligible for any or all services with priority given to meeting the needs of persons with the
greatest economic or social need, giving particular attention to low-income, minority individuals.
2. Residents or occupants of Muskegon County (permanent, temporary, or transitional).
3. The Sub-Contractor shall not refuse to provide services to any eligible persons 60 years of age and older
because of race, color, religion, national origin, age, sex, height, weight, marital status, sexual
orientation, arrest record, or handicap pursuant to Title VI of the Civil Rights Act of 1964, amended
1973; and the Elliott-Larsen Civil Rights Act, 1976 P.A. 453, Section 209. The Sub-Contractor shall
comply with the provisions of Title VI of the Civil Rights Act of 1964, the Michigan Handicappers Civil
Rights Act, 1976 P.A. 220, and Section 504 of the Federal Rehabilitation Act of 1973, D.L. 93-112, 87
Stat. 394, and the Americans with Disabilities Act, 1990 P.A. 101-336.
4. Further, the Sub-Contractor shall comply with all other federal, state, or local laws, regulations,
standards, and any amendments thereto, as they apply to the performance of this contract.
Correspondence:
All communications and related documentation (plans, reports, requests, etc.) should be sent to:
[email protected]
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MUSKEGON COUNTY SENIOR MILLAGE
FY24 Municipal Distribution Table
FY24 Total County
Municipality Funding Commissioner
Blue Lake Township $11,756 Cyr
Casnovia Township $11,450 Lahring
Casnovia Village $4,503 Lahring
Cedar Creek Township $15,292 Lahring
Dalton Township $30,464 Cyr
Egelston Township $33,874 Lahring
Fruitland Township $28,680 Cook, Cyr
Fruitport Village $7,746 Hazekamp
Fruitport Charter Township $52,336 Hazekamp
Holton Township $12,132 Lahring
Laketon Township $33,534 Cook
Lakewood Club Village $6,654 Cyr
Montague City $12,647 Cyr
Montague Township $9,982 Cyr
Moorland Township $8,174 Lahring
Hovey-Wright, Nash,
Muskegon City $107,277 Cook, Paige
Muskegon Charter Township $61,805 Nash
Muskegon Heights City $31,943 Paige
North Muskegon City $19,430 Cook
Hazekamp, Paige,
Norton Shores City $98,780 Hovey-Wright
Ravenna Township $11,187 Lahring
Ravenna Village $6,766 Lahring
Roosevelt Park City $16,421 Hovey-Wright
Sullivan Township $13,391 Hazekamp
White River Township $10,734 Cyr
Whitehall City $15,414 Cyr
Whitehall Township $10,968 Cyr
$683,340
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 13, 2024 Title: Kruse Park Stairs
Submitted by: Kyle Karczewski, Parks and Department: DPW- Parks
Recreation Director
Brief Summary:
Staff is requesting permission to enter into a contract with North Shore Property Solutions for $38,500
for construction of stairs at Kruse Park.
Detailed Summary & Background:
The previous stairs and ramp at Kruse Park were damaged during the Lake Michigan high water of
2020, with the cost of replacement being estimated at $1,025,000. The Disability Network of West
Michigan has been consulted regarding accessibility at Kruse Park, and agrees that a staircase is
more accessible than no structure at all. Staff also have heard concerns about degradation of the
dunes due to the current method of access. It is important to note that these stairs are not the final
solution to access the beach at Kruse Park, but they are an improvement over the current lack of
formal access. Staff continues to work with disability advocates and funding agencies to improve
access to the beach at Kruse Park.
On December 20, 2023 the Parks & Recreation Advisory Committee unanimously voted to seek
proposals for a staircase to replace the beach access at Kruse Park. The city issued an RFP on
December 27 2023 seeking proposals from qualified contractors for construction of these stairs at
Kruse Park. Out of the 3 proposals received, North Shore Property Solutions had the lowest cost as
well as familiarity with building staircases on dunes. Specifically, dunes that lead to beaches that
have been effected by high waters. The bid tab is shown below.
North Shore Property Solutions - $38,500
Quest Design Build - $53,519
Freedom Construction - $54,677
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Enhanced Parks and Recreation Department and Services
Goal/Action Item:
Action Item 2022 – 1.3 Establish a robust Park and Recreation improvement plan
Amount Requested: Budgeted Item:
$38,500 Yes x No N/A
Fund(s) or Account(s): Budget Amendment Needed:
482 - State Grants (ARPA Funds) Yes No x N/A
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Recommended Motion:
Authorize staff to enter into a contract with Northshore Property Solutions for $38,500 for the
construction of Kruse Park stairs.
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 13, 2024 Title: McCrea Baseball Field Fencing
Submitted by: Kyle Karczewski, Parks and Department: DPW- Parks
Recreation Director
Brief Summary:
Staff requests permission to enter into a contract with Fence Consultants of West Michigan for $51,100
for restoration of the McCrea Baseball Field.
Detailed Summary & Background:
The city issued an RFP on December 27 2023 seeking proposals from qualified contractors for
restoration of the ballfield, specifically fencing, at McCrea Park. A large factor in the City deciding to
restore this field is to support 2 local youth programs, Muskegon Little League and Muskegon High
School baseball. This will serve not only as a recreation amenity in our park system, but also as a
practice field for Muskegon High School as well as the home field for the older age group (teens)
who play in Muskegon Little League.
Fence Consultants - $51,200
Nationwide Construction Group - $73,300
Freedom Construction - $122,000
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Enhanced Parks and Recreation Department and Services
Goal/Action Item:
Action Item 2022 – 1.3 Establish a robust Park and Recreation improvement plan
Amount Requested: Budgeted Item:
$51,200 Yes x No N/A
Fund(s) or Account(s): Budget Amendment Needed:
482 - State Grants (ARPA Funds) Yes No x N/A
Recommended Motion:
Authorize staff to enter into a contract with Fence Consultants of West Michigan for $51,500 for the
installation of fencing for the McCrea Park baseball field.
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
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Information
Technology
Other Division Heads
Communication
Legal Review
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2700 Baker St. · Muskegon Heights, MI 49444
231.737.1335 · HackleyCommunityCare.org
January 3, 2024
Muskegon City Commission
933 Terrace Street
Muskegon, MI 49440
Dear City of Muskegon Commissioners:
I am writing on behalf of Hackley Community Care to express our support for the proposal to renovate McCrea
Ballfield to better serve the youth in our community. As a Muskegon Public Schools partner and organization
committed to the well-being of local residents, we believe that investing in recreational facilities helps foster
positive physical and mental health, particularly among the younger members of our community.
Physical activity plays a vital role in maintaining and promoting good health, and sports, like baseball, offer
numerous benefits for children and adolescents. These activities contribute to the overall well-being of our youth
by encouraging teamwork, discipline, and a healthy lifestyle. A well-maintained baseball field provides a safe and
inviting environment for our young residents to engage in positive recreational activities.
We believe that by supporting the proposal to renovate McCrea Ballfield we are investing in the health and
happiness of the next generation of our community. We urge you to consider the long-term positive impact this
project can have on the well-being of our youth and the overall vibrancy of our community.
Thank you for your time and consideration. We look forward to witnessing the positive transformation that this
project can bring to our community.
Sincerely,
Michael J. Weessies, CEO
Hackley Community Care
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BOB RICHARDSON
1399 LAKESHORE DRIVE
MUSKEGON, MI 49441
January 9, 2024
Kyle Karczewski
Parks & Recreation Director
City of Muskegon
RE: McCrea ball field improvements
Dear Mr. Karczewski;
As a former board member and coach of Muskegon West Little League, and a former volunteer coach with the
Muskegon middle school and high school baseball program, I would like to offer my support of your efforts to
improve the McCrea ball fields.
I am very familiar with the limited number of baseball fields that are available in the City of Muskegon for the
MHS baseball program. The proposed restoration and improvements to the McCrea baseball field with
fencing, bleachers, scoreboard, and dugouts would be highly beneficial by providing a safe, additional field for
practices and games, in proximity to the middle and high schools.
Sincerely,
Bob Richardson
Bob Richardson
(231) 557-7166
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 13, 2024 Title: Civic Rec Agreement
Submitted by: Kyle Karczewski, Parks and Department: DPW- Parks
Recreation Director
Brief Summary:
Staff is requesting to enter into a multi-year agreement with Civic Rec for recreation software
services. The cost for these services is $9,088 for the first year (including startup services), with an
annual recurring service fee of $5,250 with a 5% annual uplift. This also includes an agreement with
their preferred payment gateway, CSG Forte, which charges 3.20% per transaction.
Detailed Summary & Background:
With the revival of the Parks & Recreation Department, we have identified the need for an increase
in technology. Civic Rec provides our department with a parks and recreation management
platform. This includes activity registration, facility management, point-of-sale transaction, integrated
capability for managing memberships, instructors, ticketing, and organizing youth and adult sports
leagues.
We have researched several companies and found Civic Rec to be a great fit for our needs, budget,
size and future growth. It also matches several software components throughout other departments
at the City, such as our new Civic Clerk software. Civic Rec has encouraged us to use their gateway
provider, CSG Forte, for all payment transactions. This would include a 3.2% charge on all
transactions, which we pay with our current reservation, so this will not lead to any added fees to
users taking advantage of existing services.
Currently, we use ActiveNet for park pavilion reservation services (including McGraft and Smith-
Ryerson community buildings). That contract expires 12/25 and a $2,000 buyout would be necessary
to switch platforms over to Civic Rec. We feel the enhancement to our rental efficiencies and
customer service along with revenue from being able to run programs would offset this cost.
Additionally, the pubic benefit of recreation programs far exceeds this buyout as well. It is important
to note that ActiveNet is only a reservation service and does not provide recreation management,
league and event capabilities, memberships, etc.
The cost for CivicRec services is $9,088 for the first year (integration), with an annual recurring service
fee of $5,250 with a 5% annual uplift starting in year 2.
*This contract is pending legal review.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Enhanced Parks and Recreation Department and Services
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Goal/Action Item:
Key Focus Area - Enhanced Parks and Recreation Department and Services
Amount Requested: Budgeted Item:
$9,088 for FY24; Annual Recurring Service Fee of Yes x No N/A
$5,250 with a 5% uplift starting in year 2.
Fund(s) or Account(s): Budget Amendment Needed:
101-751-801 Yes No x N/A
Recommended Motion:
To authorize staff to enter into an agreement with Civic Rec and CSG Forte for parks and recreation
management software.
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
Information x
Technology
Other Division Heads
Communication
Legal Review x
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Standard Package
Proposal valid for 60 days from date of receipt
Muskegon, MI
PS09012023
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Company Overview
CivicPlus History
CivicPlus began in 1998 when our founder, Ward Morgan, decided to focus
on helping local governments work better and engage their residents
through their web environment. Over the years, CivicPlus has continued
to implement new technologies and merge with industry forerunners
to maintain the highest standards of excellence and efficiency for our
customers.
Our portfolio includes solutions for website design and hosting, parks and recreation management, emergency and
mass communications, agenda and meeting management, 311 and CRM, process automation and digital services,
codification, licensing and permits, web governance and ADA remediation, social media archiving, and FOIA
management.
25+ Years
EXPERIENCE 12,500+ Customers
900+ Employees
Inc. 5000 11-time Honoree
GovTech 2023 Top 100 Company
RECOGNITION
Stevie® Awards Recognized with multiple, global awards for
sales and customer service excellence
Our commitment to deliver the right solutions in design and development, end-user satisfaction, and secure hosting
has been instrumental in making us a leader in government web technology. We are proud to have earned the trust
of our over 12,500 customers and their 100,000+ administrative users. In addition, over 340 million residents engage
with our solutions daily.
Primary Office
302 S. 4th Street, Suite 500
Manhattan, KS 66502
Toll Free: 888.228.2233 | Fax: 785.587.8951
civicplus.com
civicplus.com 1
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Powering & Empowering Government
We empower municipal leaders to transform interactions between residents and government into consistently positive
experiences that elevate resident satisfaction, increase revenue, and streamline operations.
Government leaders tell us that one of their most pressing needs is to improve how residents access and experience
municipal services; however, they struggle with budget cutbacks and technology constraints. CivicPlus enables
civic leaders to solve these problems, making consistently positive interactions between residents and government
possible.
What sets us apart is our Civic Experience Platform. CivicPlus is the only government technology company exclusively
committed to powering and empowering governments to efficiently operate, serve, and govern using our innovative
and integrated technology solutions built and supported by former municipal leaders and award-winning support
teams. With it, municipalities increase revenue and operate more efficiently while fostering trust among residents.
civicplus.com 2
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RMS Features & Functionality
You are is seeking a recreation management system that provides your staff
and customers with the greatest service in the industry, both in person and
online. CivicPlus’ Recreation Management software can provide you with an
integrated, web-based and hosted application recreation management system
that is comprehensive, efficient, and modern. You’ll find our robust set of easy-
to-use tools the most comprehensive solution to meet your needs.
AC T I V I T Y R E G I S T R AT I O N
Your staff can quickly create programs, indicate flexible pricing, attach waivers
and prompts, and assign instructors. Easily take registrations in-house or allow
residents and non-residents to register securely on the device of their choice.
Email branded receipts and permits after checkout. Our software utilizes load balanced servers and can be scaled to
accommodate any volume.
L E AG U E M A N AG E M E N T
Athletics staff can easily create leagues, draft players, assess skills, and generate schedules. Sign-up is easy for
teams or individuals. With the “Scores & Schedules” and “Parent/Player Portal,” your public and league participants will
have easy access to current league information.
M E M B E R S H I P M A N AG E M E N T
Easily sell memberships or punch cards, take member photos, print cards or associate barcode key tags, and check
people into a facility. Leave credit and debit cards on file for future and recurring payments. Staff can see a history of
the account’s transactions.
VO L U N T E E R M A N AG E M E N T
The volunteer management tool creates, manages, and organizes your volunteer opportunities. Within the Activity
Module, you can create volunteer roles and assignments specific to events, classes, or activities. Residents can select
and register for volunteer roles from home and our Recreation Management system will assist in tracking the time
volunteers spend helping around the community with completely integrated reporting for tracking purposes.
FAC I L I T Y R E S E RVAT I O N S
Easily take in-house and online reservations as well as reserve spaces for
classes and sports with an integrated master calendar to avoid double
bookings. It’s easy to see availability with grid and map-based views
with attached photos, descriptions, and rental rates. Generate and email
complex permits as well as include waivers, prompts, and attachments for a
complete checkout process.
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R E P O R T I N G / F I N A N C I A L AC C O U N T I N G
Our Recreation Management system has a very powerful reporting engine. There are over 100 canned reports.
Additionally, staff can fully customize and save reports to display needed information in the format desired. Filters
and fields can be added and/or removed. Reports can be sorted, saved, emailed, exported to
Excel, or scheduled for regular delivery to any email address.
TICKETING
Easily generate general admission tickets for events. Public users will receive their tickets and
receipt, which are always available in their transaction history. Tickets can then be printed or
shown on their phone display to be scanned into our mobile or desktop check-in screens.
CATA LO G / P O I N T O F SA L E
The Point-of-Sale screen makes it easy for staff to quickly sell merchandise, enroll participants, and reserve facilities –
all in the same cart! The catalog can even be connected to cash drawers, barcode readers, receipt printers, and credit
carder readers to allow for a seamless transaction process. For merchandise and concessions, an integrated inventory
control will tell you how many of each item are available at each of your locations.
SCHOLARSHIP
Our Recreation Management system supports customers creating both pre and post-billed scholarship types. With
scholarships your staff can create and apply designated amounts to an individual user or to an entire family account.
Your staff will have complete control over which programs scholarships can be used to help pay for, how much of the
total cost the scholarship can be used for, and if users can use their scholarship as a unique payment type.
MARKETING/BROCHURES
The Recreation Management software can produce an InDesign-friendly export that should facilitate the process of
generating a brochure. Further, the social media tools serve as an additional marketing method allowing users to share
via social media with friends and family.
E M A I L / S M S B L AS T S
There are several links within the Recreation Management system that allow for email blasts. Many of our reports and
roster views allow for mass mailings with just the click of a button. The People Finder Report is particularly handy for
mailings based on several different filters. SMS messaging is available to facilitate those particularly time-sensitive
notifications like cancellations.
GROUP PERMISSION LEVELS
Customize your staff experience by creating access groups and setting permissions tailored to individual staff
member’s roles.
S U RV E Y S
Participants and renters can automatically receive surveys requesting feedback. All feedback is instantly captured and
presented via reports for staff to review.
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R E S I D E N T DAS H B OA R D/ M A N AG E M E N T
With our intuitive public dashboard, residents can conveniently view
notifications, upcoming events, tickets, and receipts. Family or organization
members can be added with age and resident information for easy activity
registrations. Administratively, your staff can manage user accounts in-house
with tools like internal notes and flags as well as duplicate account prevention.
M O B I L E R E A DY
When users register through the Recreation Management software, they get the same great experience on their
phone/tablet that they’re used to experiencing on their desktops. This mobile responsive experience supports all the
same waivers, prompts, discounts, and add-ons that the desktop version does. There’s QR code support as well as
social networking integration to make it easy for your users to connect with you.
H A R DWA R E C O M PAT I B I L I T Y
Customers may opt for a variety of hardware peripherals to enhance their experience with our Recreation
Management system. It can be integrated with magnetic stripe readers, barcode readers, thermal printers, cash
drawers and more. While we do not directly provide hardware, we are happy to assist with procurement and
implementation.
C R E D I T CA R D P R O C E S S I N G
CivicPlus Pay (Pay) is our integrated, secure, PCI-compliant, utility application.
Local governments can use Pay within many of our solutions to enable seamless
payment capabilities.
Pay acts as the connector to facilitate a transaction between the CivicPlus solution
and the selected payment gateway. Pay offers integrations with several common
payment gateways to provide flexible payment solutions. CivicPlus has partnered
with several integrated gateways to enhance the customer
experience through a streamlined relationship between the CivicPlus solution and
the gateway that processes the payments.
f you utilize a partner payment gateway, CivicPlus can assist with the facilitation, set-up, support, and troubleshooting
services. Pay can also integrate with many other supported gateway providers in addition to our partner network, in
a more limited fashion, to assist you in developing a successful system. Additional details on our approved partner
network and other supported gateway providers are available upon request.
To utilize any of the approved gateways, an agreement will need to be executed directly between you and the vendor,
that will assess separate merchant account and transaction fees. Additional information can be provided upon
request.
Because EMV and Card-Swipe devices are encrypted specifically for individual payment gateways, you’ll need to
procure any required devices directly from your selected gateway provider for either purchase or rent. We are happy
to assist in your procurement of such devices.
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The Civic Experience Platform
Developed specifically to enable municipalities to deliver consistently positive interactions across every department
and every service, the Civic Experience Platform includes technology innovations that deliver frictionless, one-stop, and
personalized resident interactions. Local governments that leverage our Civic Experience Platform also benefit from:
• Single Sign-On (SSO) to all of your CivicPlus products supporting two-factor authentication and PCI Level
password compatibility
• A single dashboard and toolbar for administrative access to your CivicPlus software stack
• Access to a continually growing and fully documented set of APIs to better connect your administration’s
processes and applications
• A centralized data store with robust data automation and integration capabilities
C I V I C P L U S P O R TA L
CivicPlus Portal will empower your program participants and community members to expand the frequency and variety
of revenue-generating activities they sign up for with your parks and recreation department. CivicPlus Portal gives
residents a single login for every interaction they need to make with their local government. Through the Portal’s
personalized dashboard, residents logged in to pay a utility bill can see upcoming community events and immediately
register, increasing revenue and engagement with your department.
Resident Benefits
• Anytime, anywhere access to digital resident services
• A personalized dashboard that provides link cards to the services they use most frequently
Administrator Benefits
• A low-maintenance tool that increases accessibility, access, transparency, and trust with residents
• Reduced phone calls, walk-ins, and emails from residents searching for information
• Opportunities to increase revenue and foster civic participation
I N T E G R AT I O N H U B
Now, more than ever before, communication with your communities is vital. Missed information is a missed opportunity
to engage your community in what is happening and reaching as many people as possible is critical to a successful
parks and recreation offering.
With Integration Hub’s easy-to-use drag-and-drop interface, non-technical users can build integrations for syncing
content and data between CivicPlus products or with third parties (for an additional fee) without the need for a
developer. You can even easily create integrations using manual import, polling, and webhooks (for an additional cost).
Seamlessly share and publish your recreation event information and details using the Integration Hub. Information
entered in your Recreation Management calendar will populate in CivicPlus Municipal Websites Central calendars and
save staff the time and additional steps of entering the same information in multiple places.
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Implementation
Standard Project Timeline
The following is a simplified example project plan. A typical standard implementation averages ~14 weeks. Your
specific timeline can be affected by additional training or integration needs, schedules and availability, pace of
learning, and a target launch date. Upon determination of your final scope, your CivicPlus Implementation Team will be
able to share a complete and more detailed project plan specifically tailored to you.
• Project Initiation & Review
• Project Timeline Review & Approval
P H AS E 1 : I N I T I AT E • Kickoff Deliverables
• Kickoff Call
• Payment Gateway Setup
• Accounting Setup
P H AS E 2 : A N A LY Z E • GL Code Import
• Prepare Public Page Design
• Consulting
• Configuration Training & Testing
P H AS E 3 : D E S I G N & • Facilities Training & Testing
CONFIGURE • Activities Training & Testing
• Daily Operations Training & Testing
• Complete Catalog Testing
• Complete Public Page Design
P H AS E 4 : O P T I M I Z E • Remove Test Data
• Import Data
• System Implementation Closeout Meeting
• Remove Trial Flag - Enables 100% Functionality
P H AS E 5 : L A U N C H • Transitioned to Dedicated Customer Success
Manager
• Launch to Community
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Approaching Your Project Implementation
P R O J E C T A P P R OAC H
During the Initiate and Analyze Phases, you and the
CivicPlus Implementation Team will work together to
determine an ideal project plan based on your department’s
goals and contracted items. This includes, at minimum,
determining the look and feel of your public page,
configuring your accounting settings, importing GL codes,
and setting up your payment gateway. It may also include
preparing data imports and/or integrations.
During the Design and Configure Phase, you will learn the basics of your new Recreation Management system through
the Standard Core Curriculum Training alongside opportunities for consulting that may be scheduled or occur ad
hoc.Your Implementation Consultant will train your team on the necessities of the system and tailor trainings based
on your specific needs. It is also expected that you tests every item in their new catalog for practice and quality
assurance. During this phase, it is important for you to begin thinking about marketing tactics to promote your new
online catalog.
After training is complete, you enters the Optimize and Launch Phases, where you will work with the CivicPlus
Implementation Team to prepare to launch to your community. Both parties will help to ensure all requirements are met
to make your launch a success. It will be up to you to determine when to open the catalog to your community once all
implementation tasks are complete.
Once you are ready to launch to your community, you will place a link on your website, social media, and email
communications to direct customers to your new Recreation Management catalog and our Technical Support Team
will be ready to assist you with any questions you may have.
S TA N DA R D T R A I N I N G P L A N
A Standard Training Plan covers the basic foundation of the Recreation Management system: Configuration, Facilities,
Activities, and Daily Operations. During these core curriculum training engagements, your Implementation Team
will identify areas of focus required to meet your needs. We recommend anyone that will be working on building
out your new Recreation Management Catalog attend all four training engagements. In addition to the four training
engagements, four hours of consulting will be provided to help refine your catalog and answer any questions that are
unique to your operation.
A final review of your system will occur during your Prep for Launch Meeting in which your team can ask any final
questions before being handed off to our Technical Support Team. This will ensure you are confident moving forward
with your new system and all the resources available to you when implementation is complete.
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Your Role During Implementation
You should consider the following roles for a successful project team:
Project Executive – Provides focus and guidance for the overall project. Helps to prioritize key objectives, assists
with issue escalations, is a key decision-maker, and acts as project champion. Recommended attendance at all
engagements.
Project Manager – Works closely with the CivicPlus
Implementation Team to facilitate the execution of project
trainings, tasks, and logistics. Identifies Q&A topics or
elective trainings for front-line staff, facility managers,
supervisors, and/or league coordinators. Will likely be a
system administrator. Recommended attendance at all
engagements.
Lead Staff – Activity and facility managers who will be
doing the bulk of configuration and setup within your
new Recreation Management Catalog. Will likely be a
system administrator. Recommended attendance at all
engagements.
Frontline Staff – Acts as end users of the system
and will participate in training sessions lead by your
Implementation Consultant or by system administrators
internally. Recommended attendance at Daily Operations
training, at minimum, or at a dedicated Frontline Training
(i.e. repurposed Q&A Time).
Information Technology – Coordinates with CivicPlus on technical aspects of the system such as payment gateways,
hardware, and transfer of data. Recommended attendance at Project Kick Off and Prep for Closeout Meeting at
minimum.
Finance – Coordinates the payment gateway in and works with CivicPlus to properly configure the necessary
accounting setup. Recommended attendance during Configuration and Daily Operations Training at minimum.
Marketing – Identifies and communicates rollout and adoption process both internally and to the public.
Recommended attendance during Configuration Training, Daily Operations Training, and Prep for Closeout Meeting at
minimum.
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Continuing Services
Technical Support & Services
With technology, unlimited support is crucial. Our live
technical support engineers based in the United States are Support at a Glance
ready to answer your staff members’ questions and ensure
their confidence. CivicPlus’ Support Team is available • Technical support engineers available
7 a.m. – 7 p.m. CST to assist with any questions or concerns 7 a.m. – 7 p.m. (CST) Monday – Friday
regarding the technical functionality and usage of your new (excluding holidays)
RMS. • Accessible via phone, email, and chat
• 4-hour response during normal hours
CivicPlus Technical Support will provide a toll-free number, • 24/7 emergency technical support for
online chat support, as well as an online email support named points of contact
system for users to submit technical issues or questions. • Dedicated customer success manager
If the customer support specialist is unable to assist with • Online self-service help with the CivicPlus
the question or issue, the three-tier escalation process will Help Center (civicplus.help)
begin to report issues to our product engineering team for
resolution.
Emergency technical support is available 24/7 for designated, named points-of-contact, with members of CivicPlus’
support teams available for urgent requests.
AWA R D -W I N N I N G
CivicPlus has been honored with two Gold Stevie® Awards, three Silver Stevie® Awards,
and seven Bronze Stevie® Awards in the categories of Front-Line Customer Service
Team of the Year – Technology Industries, Customer Service Training or Coaching
Program of the Year – Technology Industries, Customer Service Department of the
Year – Computer Software – Up to 1,000 Employees, Most Valuable Response by a
Customer Service Team (COVID-19), Best Customer Satisfaction Strategy, and Remote
Customer Service Innovation of the Year. The Stevie Awards are the world’s top honors
for customer service, contact center, business development, and sales professionals.
CIVICPLUS HELP CENTER
CivicPlus customers have 24/7 access to our online Help Center where users can review articles, user guides, FAQs,
and can get tips on best practices. Our Help Center is continually monitored and updated by our dedicated Knowledge
Management Team to ensure we are providing the information and resources you need to optimize your solution. In
addition, the Help Center provides our release notes to keep your staff informed of upcoming enhancements and
maintenance.
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C O N T I N U I N G PA R T N E R S H I P
We won’t disappear after implementation comes to a close and/or your RMS is launched. You’ll be assigned a
dedicated Customer Success Manager that will work with you to help ensure you have all the necessary resources you
need to successful. They will serve as your one-stop-shop for all things CivicPlus.
MAINTENANCE
CivicPlus is proactive in identifying any potential system issues. Through regularly scheduled reviews of site logs, error
messages, servers, router activity, and the internet in general, our personnel often identify and correct issues before
they ever affect our customers’ web solutions. Our standard maintenance includes:
• Regular review of site logs, error messages, servers, router activity, and the internet in general
• Full backups performed daily
• Regularly scheduled upgrades including fixes and other enhancements
• Operating system patches
• Testing and development
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Hosting & Security
CivicPlus is committed to data privacy and information security by providing assurance that security assessment and
authorization policies and procedures reflect applicable federal laws, executive orders, directives, regulations, policies,
standards, and guidance.
S E C U R E DATA C E N T E R S
CivicPlus’ Recreation Management system utilizes the Amazon Aurora (Aurora) fully managed relational database
engine. An Amazon Aurora DB cluster consists of one or more DB instances and a cluster volume that manages
the data for those DB instances. An Aurora cluster volume is a virtual database storage volume that spans multiple
Availability Zones, with each Availability Zone having a copy of the DB cluster data. In the event of a disaster, new
virtual machines are quickly spun up in a new Availability Zone.
D I SAS T E R R E C OV E R Y / R E D U N DA N C Y
CivicPlus develops, documents, and disseminates to operations, support, and development staff for the Recreation
Management system:
• A contingency planning policy that addresses purpose, scope, roles, responsibilities, management
commitment, coordination among organizational entities, and compliance
• Procedures to facilitate the implementation of the contingency planning policy and associated contingency
planning controls
• Reviews and updates the current contingency planning policy and procedures annually
DATA B AC K U P S C H E D U L E S
• Conducts backups of user-level information contained in the information system hourly
• Conducts backups of system-level information contained in the information system daily
• Conducts backups of information system documentation including security-related documentation
continuously
• Protects the confidentiality, integrity, and availability of backup information at storage locations
PCI COMPLIANCE
The Recreation Management system utilizes CivicPlus Pay as a connector to payment gateway providers. Pay is a
PCI level-1 certified utility application that is audited and certified once a year by an independent third party. A copy
of our Certification of Attestation can be provided upon request. Pay’s security is also routinely assessed through
code-level scans and penetration tests outside of the audit window. These tests are performed through RiskSense, a
market leader in cybersecurity, boasting over 10 years in cyber risk assessment and intelligence-driven risk analytics.
All CivicPlus development and system engineers are trained annually on secure coding to maintain the highest level
of industry standard practices. CivicPlus makes every effort to follow the applicable standards set forth by the PCI
Security Council, OSWAP, and NIST.
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Optional Add-Ons
DATA I M P O R T S
CivicPlus offers an array of data migration options to ease the transition from your previous recreation management
software to the CivicPlus software. A simple CSV template will be supplied by CivicPlus for each of the data migration
options chosen in order to make the import of that data quick and seamless.
• User – This import includes user data such as name, address, email, age, gender, & phone number.
• Activities/Sessions – Import data points for activities to cut down on the time to fully configure an activity
or session. Data points include, but are not limited to, activity type, name, category, description, default GL
code, etc.
• Residency – Clients can import residency data via .csv file. This can be done at the beginning of your project
and periodically to ensure all information is current. There is a cost per import. CivicPlus also offers an ArcGIS
integration to eliminate the need for this import or continuous updating over time.
• Location/Facilities – Import specific data points to enable quicker configuration of a facility. Location refers to a
park or complex and a facility refers to a rentable/reservable space (room, shelter, or field) within that Location.
• Membership & Pass – Import all data regarding current memberships, including punch cards and expiring
memberships. In addition user accounts will be created for each member imported.
• Future Facility Reservation – Import all reservations already made within your current recreation software
that would take place after your “go live” date. This will help prevent double bookings during the transition
period from your previous software to CivicPlus.
A R C G I S E X T R AC T
Through our existing ArcGIS integration, CivicPlus will use an endpoint provided by you to plug into our integration.
The system will then identify public users as a resident or non-resident based on their address upon account creation.
This integration is intended to allow city and county parks and recreation departments the opportunity to price
programs or base access on a patron’s residency status. You will be responsible for creating the endpoint as CivicPlus
does not employ a GIS expert or SME.
L I G H T I N G I N T E G R AT I O N
Skylogix or Musco Lighting integration enables a facility’s lights to be automatically turned on when a reservation
starts, and off when a reservation ends.
F I N A N C I A L E X T R AC T
CivicPlus provides several templated export options in the form of either .CSV or .TXT files to assist in transferring
financial data from CivicPlus into the financial software utilized by the customer. Templated extracts are included with
the purchase of our software. In the event none of the templated extracts work for the customer, CivicPlus offers the
option to purchase a custom financial extract built by the CivicPlus team. Depending on your organizational needs,
additional information will be required before development can be agreed upon. Final scope of any such development
is solely at the discretion of CivicPlus, future business priorities and requirements, and development capacity.
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C U S TO M I D E N T I T Y P R OV I D E R ( I D P ) I N T E G R AT I O N
CivicPlus offers customized IdP integration capabilities, which means you’ll benefit from easier integration between
CivicPlus and your favorite third-party solutions. Provide single sign-on (SSO) functionality to streamline managing
and supporting user credentials and identify management solutions. CivicPlus IdP partners include Microsoft’s Azure
Active Directory (AD), Microsoft’s Active Directory Federation Services (AD FS) versions 3.0, 4.0, and 5.0, and Okta.
D O C U M E N T M A N AG E M E N T
The document management feature is a simple and convenient way to store and share files needed for registrations.
It allows public users and staff to securely upload relevant documents for activities and assign document types to
specific activities to streamline the registration process. Staff can also set document retention policies based on
organization needs.
AUDIOEYE ENTERPRISE
AudioEye offers a range of products and services from self-service to turnkey managed solutions. At the core of
AudioEye, is the Digital Accessibility Platform (DAP), this powerful tool empowers auditors, designers, and developers
to understand issues of accessibility and improve website infrastructure thorough the use of an innovative and easy-
to-use interface. The AudioEye Toolbar offers web personalization tools. Conforming to Web Content Accessibility
Guidelines (WCAG) 2.1 has never been easier.
D E D I CAT E D H O S T I N G A N D S E C U R I T Y
CivicPlus’ Dedicated Hosting and Security package comes with enterprise-level Cloudflare software and:
• Fully customized Web Application Firewall (WAF), customized for our application
• OWASP ModSecurity Core Rule Set protects you against the Top 10 vulnerabilities identified by the Open Web
Application Security Project (OWASP), such as SQL injection (SQLi) and cross-site scripting (XSS) attacks
• User agent blocking
• Block or challenge visitors by IP address, autonomous system number (ASN) or country code
• Reputation-based threat protection and collective intelligence (CI) to identify new threats
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CivicPlus Statement of Work
302 South 4th St. Suite 500 Quote #: Q-56582-1
Manhattan, KS 66502 Date: 11/3/2023 8:55 AM
US
Expires On: 2/29/2024
Client: Bill To:
MUSKEGON, MICHIGAN MUSKEGON, MICHIGAN
SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD
Andrew Brackett [email protected] Net 30
QTY PRODUCT NAME DESCRIPTION PRODUCT
TYPE
1.00 CivicRec Annual Fee CivicRec Annual Fee Renewable
1.00 CivicRec Standard Standard package -Project Coordination -Branded Public One-time
Portal -Help Center Access
2.00 CivicRec Virtual Training (Half Training (Virtual) - half day, up to 4 hours One-time
Day Block)
1.00 CivicRec Virtual Consulting (Half Consulting (Virtual) - half day, up to 4 hours One-time
Day Block)
1.00 CivicRec Pay - Forte CivicRec Pay - Forte
1.00 CivicRec Pay Annual Fee - Forte CivicRec Pay Annual maintenance and support fee Renewable
1.00 CivicRec Pay Implementation - Includes setting CivicPlus Pay configuration, configuring One-time
Forte CivicPlus products for accepting payments, advanced
troubleshooting with our partner's support.
List Price - Year 1 Total USD 13,088.00
Total Investment - Initial Term USD 9,088.00
Annual Recurring Services - Year 2 USD 5,250.00
Initial Term & Renewal Date 12 Months
Initial Term Invoice Schedule 50% invoiced on signature date and 50%
invoiced 4 months from signature date or
completion of implementation, if earlier
Renewal Procedure Automatic 1 year renewal term, unless 60
days notice provided prior to renewal date
Renewal Invoice Schedule Annually on date of signing
Annual Uplift 5% starting in Year 2
V. PD 06.01.2015-0048
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This Statement of Work ("SOW") shall be subject to the terms and conditions of the CivicPlus Master Services Agreement
and the applicable Solution and Services terms and conditions located at https://www.civicplus.help/hc/en-us/p/legal-
stuff (collectively, the "Binding Terms"), By signing this SOW, Client expressly agrees to the terms and conditions of the
Binding Terms throughout the term of this SOW.
V. PD 06.01.2015-0048
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Acceptance
The undersigned has read and agrees to the following Binding Terms, which are incorporated into this SOW, and have
caused this SOW to be executed as of the date signed by the Customer which will be the Effective Date:
For CivicPlus Billing Information, please visit https://www.civicplus.com/verify/
Authorized Client Signature CivicPlus
By: By:
___________________________________ ___________________________________
Name: Name:
___________________________________ ___________________________________
Title: Title:
___________________________________ ___________________________________
Date: Date:
___________________________________ ___________________________________
Organization Legal Name:
___________________________________
Billing Contact:
___________________________________
Title:
___________________________________
Billing Phone Number:
___________________________________
Billing Email:
___________________________________
Billing Address:
___________________________________
___________________________________
Mailing Address: (If different from above)
___________________________________
___________________________________
PO Number: (Info needed on Invoice (PO or Job#) if required)
___________________________________
V. PD 06.01.2015-0048
Page 3 of 3
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PAYMENT PROCESSING AGREEMENT
This Payment Processing Agreement (“Agreement”), including all applicable appendices and addendums
hereto, is made by and between CSG Forte Payments, Inc., a Delaware corporation with its primary
business address at 2121 Providence Drive, Suite 151, Fort Worth, TX 76106 ("FORTE" or “Party”), and
_________________________________, with its primary business address at
__________________________________________ (“AGENCY” or “Party” or “Merchant”), and is
effective upon the date last signed below (the “Effective Date”). FORTE provides payment processing
and related products and services including but not limited to Automated Clearing House (“ACH”), credit
and debit card processing, account verification and customer identification (collectively and
individually, as applicable, the “Services”) to AGENCY who provides services to, or otherwise has a
business relationship with, individuals and other entities (“Constituents” or “Customer”).
1. GENERAL
The Agreement shall consist of these terms and conditions, each of the Appendices attached hereto if
applicable, and all modifications and amendments thereto. Under the terms of the Agreement,
AGENCY will be furnished with the Services described in the Agreement and attached Appendices
which are selected by Agency and approved by FORTE. For any terms herein that are specifically
applicable to any particular Service offered by FORTE, only the terms and conditions that apply to the
specific Service(s) requested by AGENCY at any given time shall apply. Some capitalized terms which
are not defined herein have specific definitions provided in Appendix A, attached hereto and
incorporated by this reference.
2. USAGE
2.1 Use License. Subject to the terms and conditions of this Agreement, FORTE hereby grants to
AGENCY a non- exclusive and non-transferable license to access and use the Service(s) contracted for
and AGENCY hereby accepts such license and agrees to utilize and access the Services in accordance
with the practices and procedures established by FORTE, which may be amended from time to time in
accordance with this Agreement. AGENCY may use the Services (a) for its own internal business
purposes and operations, and/or (b) as a service provided to its Constituents, unless otherwise agreed by
FORTE in writing. AGENCY agrees that it will not transmit any material through FORTE’s systems in
violation of any applicable Law or Rule. FORTE reserves the right to use all means necessary to
monitor AGENCY’s actions in the event of a real or perceived security risk.
2.2 Use of Proprietary Property. No license or right to use, reproduce, translate, rearrange, modify,
enhance, display, sell, lease, sublicense or otherwise distribute, transfer or dispose of any of FORTE's
Proprietary Property, as defined in Section 3 below, in whole or in part, is granted except as expressly
provided by this Agreement. AGENCY shall not reverse engineer, decompile or disassemble the
Proprietary Property. Additionally, nothing in this Agreement shall be construed to provide AGENCY
with a license of any third-party proprietary information or property.
2.3 Acceptable Use. AGENCY agrees to comply with the reasonable and acceptable use policies
and Rules of any networks accessed by AGENCY through the Services. FORTE reserves the right to
deny access to, or close any account AGENCY has with FORTE which, in FORTE’s opinion, is causing
or may cause, harm to or negatively affect a FORTE server or third-party network accessed through
FORTE. In the event of such an occurrence, FORTE shall make reasonable efforts to notify AGENCY
prior to taking any such action but is not required to do so.
2.4 User and System Security. AGENCY shall ensure that its Users comply with all applicable
requirements of this Agreement. AGENCY is responsible for protecting the confidentiality of any and
all passwords and credentials provided to AGENCY by FORTE for the purpose of utilizing the Services
or other forms of access to AGENCY’s accounts with FORTE. AGENCY is responsible for the security
of its systems, locations and equipment used in processing Transactions under this Agreement and for
developing security procedures and training its employees on the procedures. AGENCY expressly
23.01.23
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assumes responsibility for the acts or omissions of all Users on its account(s) with FORTE and for User
access to FORTE’s systems either directly or through software.
2.5 Use of Information and Data. AGENCY acknowledges and agrees, on behalf of itself and its
Constituents, that all information submitted by AGENCY to FORTE in order for FORTE to provide the
Services to AGENCY or otherwise contributed by AGENCY pursuant to these Services (including
Transaction results), is held in FORTE’s database and may be used by FORTE for the purpose of
providing the Services to its customers in compliance with all applicable Laws and Rules, including in
accordance with the federal Fair Credit Reporting Act (“FCRA”). Further, FORTE may track, review,
compile, store and use any information or data received from AGENCY as part of a Transaction or
information or data received from a Payment Association or financial institution regarding a Transaction
for regulatory compliance or any other legally permissible purpose. Without limiting the foregoing,
AGENCY agrees and acknowledges that FORTE may use the routing numbers, account numbers and
other PII submitted by AGENCY as well as Transaction results provided to or received by FORTE for
the purpose of supporting FORTE’s fraud detection, account validation and verification, and/or other
commercially available services.
3. OWNERSHIP
All computer programs, trademarks, service marks, patents, copyrights, trade secrets, know- how, and
other proprietary rights in or related to the Services (the “Proprietary Property”), are and will remain the
sole and exclusive property of FORTE, whether or not specifically recognized or perfected under
applicable Law. FORTE shall own all rights, title and interest, including all intellectual property rights,
in and to any improvements to the existing Services and/or any new programs, upgrades, modifications or
enhancements developed by FORTE in connection with rendering Services to AGENCY, even when
refinements and improvements result from AGENCY’s request. To the extent, if any, that ownership in
such refinements and improvements does not automatically vest in FORTE by virtue of this Agreement
or otherwise, AGENCY hereby expressly transfers and assigns to FORTE all rights, title, and interest
which AGENCY may have in and to such refinements and improvements. All reference to any of
FORTE’s service marks, trademarks, patents or copyrights, or those of FORTE’s partners or vendors,
shall be made in compliance with the requirements, including periodic updates thereto, as provided at
http://www.forte.net/trademark.
4. CONFIDENTIALITY
The Parties acknowledge that, by virtue of this Agreement, each has been and will continue to be
entrusted with certain Confidential Information (as defined in Appendix A) pertaining to the other’s
business, including, but not limited to, proprietary information developed by, acquired by, or licensed to
each Party. Each Party agrees that, except to the extent and in the manner necessary to perform its duties
hereunder, it will not disclose to others or use for its own benefit any Confidential Information of the
other Party and it will hold all Proprietary Property, as defined herein, confidential in perpetuity.
Additionally, in the course of providing and receiving the Services, each Party acknowledges that it may
receive or have access to PII. as more fully defined in Appendix A). As such, each Party shall: (i) keep
all PII in strict confidence, with the degree of care necessary to avoid unauthorized access, use or
disclosure; (ii) use PII solely and exclusively for the purposes provided in this Agreement; (iii)
implement administrative, physical and technical safeguards to protect PII that are at least as rigorous as
accepted industry practices; and (iv) have in place a program that complies with applicable legal
requirements regarding PII, including, if applicable, PCI standards for data security.
Except with respect to Personal Information, this Section 4 will not apply to Confidential Information
that (i) was already available to the public at the time of disclosure, (ii) becomes generally known to the
public after disclosure to the other Party, through no fault of the other Party, (iii) is disclosed under force
of law, applicable regulation, governmental regulation or court order, or (iv) is required to be disclosed
by a banking partner, an Acquirer or an applicable Payment Network.
23.01.23
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5. TERM AND TERMINATION
5.1 Term. This Agreement shall have an initial term of 5 years (the “Term”). Thereafter, this
Agreement will automatically renew for additional one (1) year terms unless either Party provides thirty
(30) days’ prior written notice of termination to the other Party.
5.2 Termination for Material Breach. In the event of a material breach of this Agreement by one
Party and failure to cure within thirty (30) days of receipt of written notice of the breach, the other Party
may terminate immediately by providing written notice of termination.
5.3 Termination with Notice. FORTE may terminate this Agreement with prior notice in the event
(i) there is a material adverse change to AGENCY or its financial condition; (ii) AGENCY experiences
Excessive Chargebacks pursuant to Section 6.12 herein; or (iii) AGENCY is in violation of any
applicable Law, Rule or regulation. Notwithstanding the foregoing, FORTE reserves the right to
suspend AGENCY’s receipt of services under section 6.17 in conjunction with sending notice of intent
to terminate AGENCY’s account.
5.4 Termination without Notice. FORTE may immediately terminate this Agreement without prior
notice in the event (i) that it determines AGENCY has experienced an actual or suspected data security
breach; (ii) FORTE is instructed to terminate the Agreement by a financial institution, Acquirer or
Payment Network; or (iii) FORTE observes irregular, suspicious or fraudulent Transaction activity on
Merchant’s account that is reasonably determined to expose FORTE to risk of financial, reputational, or
other measurable loss. Notwithstanding the foregoing, FORTE may, in its own discretion, temporarily
suspend AGENCY’s receipt of services prior to terminating AGENCY’s account.
6. TRANSACTION PROCESSING
6.1 Accepting Transactions. FORTE shall process credit card, debit card and ACH Transactions on
AGENCY’s behalf on a 24-hour basis. Transactions which are received before the daily designated cut-
off time will be originated for settlement through the corresponding payment network. Transactions
which are received after the designated cut-off time will be included in the next business day's settlement
processing.
6.1.1 Sale Transactions. If a Transaction is sent to FORTE as a sale of goods or services, it will
automatically be captured for settlement in time for the next designated cut-off time.
6.1.2 Authorization-Capture Transactions. If a Transaction is sent to FORTE for
Authorization (as more fully defined in Appendix A) only or for delayed processing, then it
will be the responsibility of AGENCY to submit a corresponding “capture” Transaction
within forty-eight (48) hours of the Authorization in order to complete the Transaction
process for settlement. Transactions which are not captured within forty-eight (48) hours
of Authorization are untimely and may be rejected by FORTE.
6.2 Transaction Format. FORTE is responsible only for processing Transactions which are received
and approved by FORTE in the proper format, as established by FORTE.
6.2.1 Card Not Present Transactions. For card-based Transactions in which the card is not
present, AGENCY must obtain and include as part of the Authorization request the three
(3) or four (4) digit validation code and the cardholder’s billing address information.
6.3 AGENCY Account. In order to provide Transaction processing services, FORTE may need to
establish one (1) or more service accounts on AGENCY’s behalf or require AGENCY to establish a
service account with a third-party provider sub-contracting with FORTE.
6.4 Limited-Acceptance Agency. If appropriately indicated on AGENCY’s application with
FORTE, AGENCY may be a Limited-Acceptance Agency, which means that AGENCY has elected to
accept only certain Visa and MasterCard card types (i.e., consumer credit, consumer debit, and
commercial cards) and must display appropriate signage to indicate the same. FORTE and its associated
credit card Acquirer have no obligation other than those expressly provided under the Rules of a
Payment Network and applicable Law as they may relate to limited acceptance. AGENCY, and not
FORTE or Acquirer, will be solely responsible for the implementation of its decision for limited
acceptance, including but not limited to policing the card type(s) accepted at the point of sale.
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6.5 Bona Fide Sales. AGENCY shall only complete Transactions produced as the direct result of
bona fide sales made by AGENCY to cardholders, and AGENCY is expressly prohibited from
processing, factoring, laundering, offering, and/or presenting sales Transactions which are produced as a
result of sales made by any person or entity other than AGENCY, for purposes related to financing
terrorist activities or for purposes that may be used as part of a scheme which violates any law governing
the use of the Services which may include but not be limited to Bank Secrecy Act or USA Patriot Act.
6.6 Setting Limits on Transaction Amount. AGENCY may set a minimum Transaction amount to
accept a card that provides access to a credit account, under the following conditions: the minimum
Transaction amount does not (i) differentiate between card issuers; (ii) differentiate between
MasterCard, Visa, or any other acceptance brand; and iii) exceed ten dollars (or any higher amount
established by the Federal Reserve). AGENCY may set a maximum Transaction amount to accept a
card that provides access to a credit account, under the following conditions: AGENCY is (i) a
department, agency or instrumentality of the U.S. government; (ii) a corporation owned or controlled by
the U.S. government; or (iii) an agency whose primary business is reflected by one of the following
MCCs: 8220, 8244, 8249 –Schools, Trade or Vocational; and the maximum Transaction amount does
not differentiate between MasterCard, Visa, or any other acceptance brand.
6.7 Additional Agreements AGENCY understands and agrees that in order to receive the Services,
Agency may be required to enter into additional agreements directly with the Payment Networks or other
third parties.
6.8 Modifying Transactions. AGENCY shall regularly and promptly review all Transactions and
shall immediately notify FORTE upon discovery of any and all discrepancies between the records of
AGENCY compared with those provided by FORTE or AGENCY’s bank, or with respect to any
Transaction that AGENCY believes was made erroneously or without proper authorization from the
Constituent or Consumer. At AGENCY's request, FORTE will make commercially reasonable efforts to
reverse, modify, void or delete a Transaction after it has been submitted for settlement. All requests must
be made in writing (electronic mail will be deemed as “in writing” for these purposes), signed or sent by
an individual pre-authorized by AGENCY to make such requests and delivered to FORTE. AGENCY
agrees FORTE will not be held responsible for any losses, directly or indirectly, incurred by AGENCY or
other third parties as a result of FORTE's failure to accomplish the request before the Transaction has
been processed through the applicable Payment Network or for making any necessary changes as
requested by Agency.
6.9 Delay or Rejection of Transactions. FORTE may delay or reject any Transaction without prior
notification to AGENCY which is improperly formatted, is untimely, or is missing information, which
may cause it to downgrade; or if FORTE has reason to believe such Transaction is fraudulent or
improperly authorized; or for any reason such delay or rejection is permitted or required under the Rules
or regulations. FORTE shall have no liability to AGENCY by reason of the rejection of any such
Transaction.
6.10 Returned Items. FORTE shall make available to AGENCY details related to the receipt of any
Transaction that is returned unpaid or any Transaction which is charged back and shall credit or charge
such returned item to AGENCY’s Settlement Account.
6.11 Chargebacks. AGENCY acknowledges and agrees that it is bound by the Payment Networks
Rules with respect to any Chargeback. AGENCY understands that obtaining an authorization from a
Consumer for any sale shall not constitute a guarantee of payment, and such sales can be returned or
charged back to AGENCY like any other item hereunder. In the event a Transaction is charged back for
any reason, the amount of such Transaction will be deducted from AGENCY’s designated Settlement
Account or any payment due to AGENCY.
6.12 Excessive Chargebacks. Using limits established by the Payment Networks as a standard for
review, FORTE reserves the right to suspend and/or terminate AGENCY’s access to the Services should
AGENCY’s chargeback ratio exceed allowable limits in any given period. FORTE will make
reasonable efforts to provide AGENCY with notice and a time to cure its excessive chargebacks prior to
suspending or terminating AGENCY’s access to the Services. AGENCY acknowledges and expressly
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authorizes FORTE, in compliance with Payment Network Rules, to provide to the Payment Networks
and applicable regulatory bodies, AGENCY’s name and contact information as well as Transaction
details should AGENCY’s chargeback ratio exceed the allowable limits in any given period.
6.13 Resubmitting Transactions. AGENCY shall not re-submit any Transaction unless it is returned
as (i) insufficient funds (R01) or (ii) uncollected funds (R09) or unless a new Authorization is obtained
from Constituent.
6.14 Settlement. Settlement of AGENCY’s funds for Transactions, less any Chargebacks or Returns,
to AGENCY’s designated Settlement Account will occur within seventy-two (72) hours of origination
excluding weekends and US federal banking holidays. Settlement of Transactions will occur via
electronic funds transfer over the ACH Network. Upon receipt of AGENCY’s sales data for card
Transactions through FORTE’s Services, Acquirer will process AGENCY’s sales data to facilitate the
funds transfer between the various Payment Networks and AGENCY. After Acquirer receives credit for
such sales data, Acquirer will fund AGENCY, either directly to the AGENCY-Owned Designated
Account or through FORTE to an account designated by FORTE (the “FORTE Designated Account”), at
Acquirer’s sole option, for such card Transactions. AGENCY agrees that the deposit of funds to the
FORTE Designated Account shall discharge Acquirer of its settlement obligation to AGENCY and any
dispute regarding the receipt or amount of settlement shall be between FORTE and AGENCY. Acquirer
will debit the FORTE Designated Account for funds owed to Acquirer as a result of the Services
provided hereunder unless an Agency-owned account is otherwise designated by AGENCY. Further, if
a cardholder disputes a Transaction, if a Transaction is charged back for any reason, or if FORTE or
Acquirer reasonably believes a Transaction is unauthorized or otherwise unacceptable, the amount of
such Transaction may be charged back and debited from AGENCY if settled to an Agency-owned
account or debited from the FORTE Designated Account if settled to that account.
6.15 Provisional and Final Payment. AGENCY, AGENCY’s third party senders (if applicable),
and/or AGENCY’s agent(s) understand and agree that Debit or Credit Entries may be transmitted
through the ACH Network, that payment of a Debit or Credit Entry by the RDFI to the Receiver is
provisional until receipt by the RDFI of final settlement for such Debit or Credit Entry, and, if such
settlement is not received, the RDFI will be entitled to a refund from the Receiver of the amount credited
and AGENCY will not be deemed to have paid the Receiver the amount of the Debit or Credit Entry.
The rights and obligations of AGENCY concerning the Debit or Credit Entry are governed by and
construed in accordance with the laws of the state in which the processing ODFI is located unless
AGENCY and FORTE have agreed that the laws of another jurisdiction govern the rights and
obligations.
6.16 Reporting. FORTE will make daily origination and deposit reports available to AGENCY on a
24/7 basis through the Internet-based FORTE platform.
6.17 Temporary Suspension of Services. Should any of the following occur: (i) FORTE observes
irregular, suspicious or possible fraudulent Transaction activity on AGENCY’s account; (ii) FORTE
determines there is an irregularity in AGENCY’s account, documentation, processes or financial
condition that is inconsistent with FORTE’s risk requirements; (iii) AGENCY is in material breach of its
payment or other financial obligations to FORTE; or (iv) FORTE is required by Laws, Rules or a
Payment Network, FORTE reserves the right to temporarily suspend Services to AGENCY without prior
written notice. In the event FORTE suspends Services to AGENCY under the terms of this Section,
FORTE will provide AGENCY with notice of the suspension and the reason for such suspension, along
with remediation actions so long as communicating such would not create a security risk or violate any
legal obligation of FORTE.
6.18 Authorization. AGENCY specifically authorizes FORTE to (i) to debit and credit AGENCY’s
designated bank account in order to carry out its duties under this Agreement and (ii) debit its designated
bank account and any account owned by the same entity as AGENCY or by an entity with the same tax
identification number as AGENCY to collect any payment obligation owed to FORTE by AGENCY
hereunder. Further, AGENCY authorizes FORTE to act as its agent for receipt of settlement funds in
connection with the Services and FORTE accepts such appointment subject to any conditions and
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limitations of this Agreement. AGENCY agrees that receipt by FORTE of funds from AGENCY’s
Customer shall constitute receipt of payment to AGENCY, extinguishing such Customer’s payment
obligation to AGENCY (to the extent such obligation has not otherwise been extinguished) as if such
Customer had paid AGENCY directly. If FORTE fails to fund AGENCY’s account in an amount
corresponding to such Customer’s payment, AGENCY’s sole recourse shall be to FORTE, not the
Customer.
7. TRANSACTION AUTHORIZATION
7.1 Constituent Authorization. AGENCY shall obtain authorization from Constituent prior to
requesting a Transaction to or from Constituent's account.
7.2 Retention. AGENCY shall retain proof of Constituent's authorization for a period of not less than
two (2) years for standard Transactions and for a period of not less than five (5) years for health- related
Transactions from the Authorization date or revocation of Authorization date and shall provide such
proof of Authorization to FORTE upon request within five (5) business days of the request.
7.3 Revoked Authorization. AGENCY shall cease initiating Transactions to or from a Constituent’s
account immediately upon receipt of any actual or constructive notice of a Constituent's termination or
revocation of authorization. AGENCY may re-initiate Transactions to or from a Constituent’s account
only upon receiving new Authorization from Constituent.
8. AGENCY PROHIBITIONS
AGENCY must not (i) require a cardholder to complete a postcard or similar device that includes the
cardholder’s account number, card expiration date, signature, or any other card account data in plain
view when mailed; (ii) add any tax to Transactions unless applicable Law expressly requires that
AGENCY impose a tax (any tax amount, if allowed, must be included in the Transaction amount and not
collected separately); (iii) request or use an account number for any purpose other than as payment for
its goods or services; (iv) disburse funds in the form of travelers checks if the sole purpose is to allow
the cardholder to make a cash purchase of goods or services from AGENCY; (v) disburse funds in the
form of cash unless AGENCY is dispensing funds in the form of travelers checks, TravelMoney cards,
or foreign currency (in such case, the Transaction amount is limited to the value of the travelers checks,
TravelMoney cards, or foreign currency, plus any commission or fee charged by AGENCY) or unless
AGENCY is participating in a cash back service; (vi) submit any Transaction receipt for a Transaction
that was previously charged back to the Acquirer and subsequently returned to AGENCY, irrespective of
cardholder approval; (vii) accept a Visa consumer credit card or commercial Visa product issued by a
U.S. issuer to collect or refinance an existing debt that has been deemed uncollectable by AGENCY; or
(viii) submit a Transaction that represents collection of a dishonored check. AGENCY further agrees
that under no circumstance will AGENCY store cardholder data in violation of the Laws or the operating
regulations of any Payment Network, including, but not limited to, the storage of track-2 data. Neither
AGENCY nor its agent shall retain or store magnetic-stripe data subsequent to the authorization of a
sales Transaction.
9. AUTHORIZATION
9.1 ACH Authorization. AGENCY authorizes FORTE to electronically debit and credit
AGENCY’s designated bank account(s) for any amounts owed to or by AGENCY in accordance with
the terms of this Agreement. Further, AGENCY authorizes FORTE to act as its agent for receipt of
settlement funds in connection with the Services and FORTE accepts such appointment subject to any
conditions and limitations of this Agreement. AGENCY agrees that receipt by FORTE of a
Constituent’s funds shall constitute receipt of payment to AGENCY, extinguishing the Constituent’s
payment obligation to AGENCY as if the Constituent had paid AGENCY directly. If FORTE fails to
fund AGENCY’s account in an amount corresponding to a Constituent’s payment, AGENCY’s sole
recourse shall be to FORTE, not the Constituent.
9.2 Third Party Service Provider. If AGENCY uses the Services through or in conjunction with a
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third-party service provider that is not a party to this Agreement, AGENCY authorizes FORTE to
provide the authorized third party with its FORTE merchant account information and credentials. If
applicable, AGENCY authorizes the third party to originate Transactions and receive the corresponding
results on its behalf.
10. CONSTITUENT DISPUTES
All disputes between AGENCY and its Constituents relating to any Transaction processed under this
Agreement will be settled by and between AGENCY and Constituent. AGENCY agrees FORTE bears
no responsibility or involvement in any such dispute.
11. COMPLIANCE WITH LAWS, RULES AND REGULATIONS
In performing its duties under this Agreement, each Party agrees to comply with all applicable Rules,
regulations and Laws, including but not limited to all confidentiality and security requirements of the
USA Patriot Act (or similar law, rule or regulation), all Rules of any applicable Payment Networks, all
requirements under the Payment Card Industry Data Security Standard (or similar applicable data
security law, rule or regulation) including but not limited to the VISA Cardholder Information Security
Program, the MasterCard Site Data Protection Program, and any other program or requirement that may
be published and/or mandated by the Payment Networks. Each Party agrees to cooperate and provide
information reasonably requested by the other to facilitate its compliance with any applicable Law, Rule
or regulation. Additionally, should a Payment Network or regulatory body impose a fee or fine on
AGENCY for any violation of the Rules or Laws or regulations by AGENCY, such fee or fine may be
charged to FORTE as a pass-through to AGENCY. If any such fee or fine is charged to FORTE,
AGENCY shall reimburse FORTE for any such fees or fines.
12. DATA SECURITY
FORTE shall implement and maintain a commercially reasonable security program, in accordance with
the Information Security Requirements attached hereto as Appendix E.
13. PRICING AND PAYMENT
13.1 FORTE will provide the Services in accordance with the fees listed on the Pricing Fee Schedule,
attached hereto as Schedule 1, or any amendments thereto. Pricing based on AGENCY absorbing the
fees for the Services (“Absorbed Fee Model”) will result in fees being billed to the AGENCY monthly in
arrears and will automatically be debited from AGENCY’s designated account via ACH debit.
13.2 Pricing based on a service fee that is charged to Constituents per Transaction (“Service Fee
Model”) will result in a non-refundable service fee either (i) added to or (ii) charged as a separate
Transaction to Constituent at the time of payment. Pricing under the Service Fee Model is calculated
based on historical or estimated transactional amount activity by AGENCY. In the event that
experiential transaction activity varies significantly from the historical or estimated amounts, FORTE
shall have the right to adjust the service fee in accordance with the experiential transaction activity.
13.3 FORTE’s pricing is subject to the underlying fees established by the Payment Networks and its
service providers. As such, in the event FORTE experiences an increase in cost for any processing
services utilized by AGENCY during Term of this Agreement, FORTE will pass through the increases
with no additional markup to AGENCY. FORTE will provide AGENCY a minimum of thirty (30)
days’ notice of any change or adjustment in fees.
14. LIMITS OF LIABILITY
14.1 NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD
PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OF
ANY KIND OR NATURE INCURRED IN RELATION TO THIS AGREEMENT. THE AMOUNT
OF DAMAGES RECOVERABLE BY EITHER PARTY FROM THE OTHER WILL NOT EXCEED
THAT PARTY’S ACTUAL, DIRECT DAMAGES AND WILL BE LIMITED TO THE AMOUNT OF
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THE AVERAGE MONTHLY FEES AND CHARGES PAID BY AGENCY TO FORTE,
EXCLUDING ANY PASS-THROUGH FEES, FOR THE SERVICES FOR THE IMMEDIATE
THREE (3) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE APPLICABLE
CLAIM. NEITHER PARTY WILL BE LIABLE FOR FAILURE TO PERFORM ANY OF ITS
OBLIGATIONS UNDER THIS AGREEMENT IF SUCH PERFORMANCE WOULD RESULT IN IT
BEING IN BREACH OF ANY LAW, RULE, REGULATION OR REQUIREMENT OF ANY
GOVERNMENTAL AUTHORITY. THE PROVISIONS OF THIS SECTION WILL SURVIVE
TERMINATION OF THIS AGREEMENT.
14.2 FORTE SHALL NOT BE RESPONSIBLE FOR ERRORS, ACTS OR FAILURES TO ACT OF
OTHERS, INCLUDING, AND AMONG OTHER ENTITIES, BANKS, OTHER PROCESSORS,
COMMUNICATIONS CARRIERS OR CLEARING HOUSES, THROUGH WHICH
TRANSACTIONS MAY BE ORIGINATED OR THROUGH WHICH FORTE MAY RECEIVE OR
TRANSMIT INFORMATION, AND NO SUCH ENTITY SHALL BE DEEMED AN AGENT OF
FORTE.
15. REPRESENTATIONS AND WARRANTIES.
15.1 FORTE’s Representations and Warranties. FORTE makes no representations or warranties
concerning the Services except as may be specifically authorized, in writing, or set out herein.
15.1.1 FORTE hereby warrants that its software solutions and the Services will perform in
accordance with their published specifications in all material respects.
15.1.2 FORTE further warrants that in performing its obligations hereunder, it shall exercise due
care and reasonable efforts to ensure that information originated by AGENCY is transmitted
accurately.
15.2 AGENCY’s Representations and Warranties. AGENCY represents and warrants to FORTE:
15.2.1 If applicable, with respect to all Transactions originated by FORTE on behalf of
AGENCY, (i) each Transaction in all respects has been properly authorized by Receiver; (ii) each
Transaction is for an amount agreed to by the Receiver; and (iii) AGENCY shall provide proof of
Authorization in compliance with applicable Rules for any Transaction to FORTE upon request
within five (5) Business Banking Days.
15.2.2 AGENCY agrees to adhere to the warranties within the applicable Rules for each
Transaction FORTE processes on AGENCY’s behalf.
15.3 Mutual Representations and Warranties. Each Party represents and warrants to the other:
15.3.1 The execution of this Agreement does not violate any applicable international, federal,
state, or local law, Payment Network rule or contract to which such Party is subject.
15.3.2 There are no actions, suits or proceedings existing or pending against or affecting it before
any judicial or regulatory authority which would have a material adverse effect on its ability to
perform its obligations hereunder.
15.3.3 When executed and delivered, this Agreement will constitute a legal, valid, and binding
obligation, enforceable in accordance with its terms.
15. FORTE SERVICE POLICY
FORTE makes no representations or warranties concerning the Services except as may be specifically
authorized, in writing, or set out herein. AGENCY acknowledges and understands that FORTE does not
warrant that the Services will be uninterrupted or error free and that FORTE may occasionally
experience delays or outages due to disruptions that are not within FORTE’s control. Any such
interruption shall not be considered a breach of the Agreement by FORTE. FORTE shall use its best
efforts to remedy any such interruption in the Services as quickly as possible.
16. FORCE MAJEURE
Neither Party will be held liable for any damages, delays or failure to perform any of its obligations
under this Agreement if such damages, delays or failure is due to circumstances beyond the reasonable
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control of such Party and without its fault or negligence, such as acts of God, fire, flood, earthquakes or
other natural disasters, epidemics, industry-wide strikes and governmental acts or orders or restrictions.
The Party affected by such circumstances will use all commercially reasonable efforts to avoid or
remove such causes of non-performance. Nothing herein shall relieve a Party form its payment
obligations for Services rendered.
17. ASSIGNMENT
The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the
respective successors and assigns of the Parties. Neither Party may assign any of its rights hereunder,
nor delegate any of its duties hereunder, without the prior written consent of the other Party, and each
Party acknowledges and agrees that, absent such prior written consent, any attempted assignment or
delegation hereunder shall be null, void and of no effect. Notwithstanding the foregoing, either Party
may assign this Agreement or any rights and obligations hereunder either to an Affiliate or to a third-
party successor to all or substantially all of its business, stock or assets, in each case, without the prior
written consent of the other Party.
18. CHOICE OF LAW
This Agreement shall be governed by and construed in accordance with the Laws of the state of
________________________ without reference to choice of laws rules.
19. AMENDMENT
Except as otherwise provided for herein, the terms and conditions of this Agreement shall not be
modified or amended except in writing and agreed to by the Parties. Notwithstanding the foregoing, this
Agreement is subject to such modifications, changes, and additions as may be required by reason of any
applicable Law, regulation or Rule.
20. PUBLICITY
Neither Party shall use the other Party’s name, logo or service marks in conjunction with a press release
or advertisement without first obtaining written approval.
21. NOTICE
Any notice, consent or other communication required or contemplated by this Agreement shall be in
writing, and shall be delivered in person, by U.S. mail, by overnight courier, by electronic mail or by fax
to the intended recipient at the address most recently provided in writing.
22. HEADINGS
The headings contained in this Agreement are for convenience of reference only and shall not affect the
meaning of any provision of this Agreement.
23. SEVERABILITY
Should any term, clause or provision herein be found invalid or unenforceable by a court of competent
jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision
and such invalid term, clause or provision shall be construed to most closely reflect the original intent of
the Parties.
24. ENTIRE AGREEMENT; WAIVER; COUNTERPARTS
This Agreement constitutes the entire understanding of the Parties and revokes and supersedes all prior
agreements between the Parties and are intended as a final expression of their agreement. Either Party’s
waiver of any breach of any provision of this Agreement shall not be deemed a waiver of any subsequent
breach of the same or other provision. This Agreement may be executed in two (2) or more counterparts,
each of which shall be deemed an original and all of which together shall constitute one instrument.
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25. ELECTRONIC SIGNATURES.
Under the Electronic Signatures in Global and National Commerce Act (E-Sign), this Payment
Processing Agreement and all electronically executed documents related hereto are legally binding
in the same manner as are hard copy documents executed by hand signature when (i) a person
authorized to bind AGENCY indicates acceptance of the terms of this Agreement by following
procedures that associate his/her electronic signature with this Agreement and related documents,
(ii) such authorized person consents and intends to be bound by the Payment Processing
Agreement and related documents, and (iii) the Payment Processing Agreement is delivered in an
electronic record capable of retention by the recipient at the time of receipt (i.e., print or otherwise
store the electronic record). This Agreement and all related electronic documents shall be
governed by the provisions of E-Sign.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective
organizations, have executed this Agreement.
_______________________ CSG FORTE PAYMENTS, INC.
By:____________________________ By:_______________________________
Name:__________________________ Name:_____________________________
Title:___________________________ Title:______________________________
Date:___________________________ Date: _____________________________
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APPENDIX A
DEFINITIONS
ACH Network. “ACH Network” or “Automated Clearing House Network” is a batch processing, store-
and-forward system that accumulates and distributes ACH Transactions that are received from ODFI
(defined below) and are forwarded to the specified RDFI (defined below) according to the specific
schedules established by the participants.
Acquirer. “Acquirer” means a sponsoring financial institution or payment processor that enters into an
agreement which enables merchants, government entities or their Agent(s) to submit Transactions to a
payment network.
Affiliate. “Affiliate” means an entity controlled or managed by the same centralized federal, state or local
government.
Agent. “Agent” means any director, officer, employee, representative, Affiliate, third-party vendor or any
other person acting on behalf of Agency with the actual, implied or apparent authority of Agency.
Authorization. “Authorization” means a Transaction request on a Consumer bank account or card account to
confirm Consumer’s account is open, in good standing, and has sufficient funds to complete the submitted
transaction.
Business Banking Day. “Business Banking Day” means Monday through Friday excluding banking
holidays.
Confidential Information. “Confidential Information” may include information regarding all of the
computer software and technologies, systems, structures, architectures, processes, formulae, compositions,
improvements, devices, know-how, inventions, discoveries, concepts, ideas, designs, methods, and
information and databases developed, acquired, owned, produced or practiced at any time by a Party or any
Affiliate thereof, including software programs and documentation licensed by third parties to the disclosing
Party, any business or financial information directly or indirectly related to the disclosing Party’s company(s)
or investments or its internal administrative audit reports on internal controls, internal risk and underwriting
guidelines and policies, billing and accounting systems, Customer and vendor lists and information,
employee personnel information and policies and procedures, information regarding the disclosing Party’s
products and services that is not generally available to the public.
Consumer. “Consumer” means the individual end users, Constituents of AGENCY.
CPA. “CPA” or “Canadian Payment Association” is responsible for operating the two primary settlement
systems (payment networks) in Canada, as well as establishing, revising and enforcing the operating
Rules for the Canadian payment networks.
Chargeback. “Chargeback” means a Transaction that is rejected by the owner of the account debited or
charged because a dispute exists between the Originator of the Transaction (typically Agency) and the
account owner.
Credit Entry. “Credit Entry” means an ACH/EFT Transaction that is intended to deposit funds into a
Receiver’s (defined below) account which has been withdrawn from AGENCY’s Settlement Account
(defined below).
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Debit Entry. “Debit Entry” means an ACH/EFT Transaction that is intended to withdraw funds from a
Receiver’s account for deposit into AGENCY’s Settlement Account (defined below).
Laws. “Laws” means all international, national, regional and local regulations or laws which are
applicable to the Services provided herein, including but not limited to federal Regulation E and Title 31
of the Code of Federal Regulations Part 210, Gramm-Leach-Bliley Act, US Bank Secrecy Act (“BSA”),
applicable privacy and data security laws, US and local export control laws, including US Foreign
Corrupt Practices Act, the Export Administration Act, US Department of Treasury Office of Foreign
Assets Control (“OFAC”) and similar restrictions under US law, executive order, regulation or Rule
(collectively, “Export Laws”), and Fair Credit Reporting Act and USA Patriot Act.
Merchant. “Merchant” means AGENCY.
NACHA. “NACHA” or “National Automated Clearing House Association” is responsible for
establishing, revising and enforcing the Operating Rules for the US ACH Network.
ODFI. “ODFI” or “Originating Depository Financial Institution” means the financial institution that
receives ACH Transactions from Merchant through FORTE and then forwards these Transactions
(defined below) to the ACH Network.
Originator. “Originator” means the AGENCY who has contracted with FORTE to initiate ACH entries,
on its behalf, to the ACH Network.
Payment Network. “Payment Network” means an entity that facilitates and governs payment
Transactions, including but not limited to VISA, M/C, Discover, NACHA, CPA and may also be referred
to as “Payment Association”.
Payment Network Resources:
VISA Regulations (from VISA website): https://usa.visa.com/dam/VCOM/download/about-visa/visa-
rules-public.pdf
MasterCard Rules (from MC website):
https://www.mastercard.us/en-us/about-mastercard/what-we-do/rules.html
Discover rules (from Discover website):
http://www.discovernetwork.com/merchants/index.html
NACHA: www.nacha.org
PCI-DSS. “PCI-DSS” or “Payment Card Industry Data Security Standard” means the system security
measures established by the major credit card companies. The PCI-DSS is mandated by the credit card
companies but administered by the Payment Card Industry Security Standards Council.
Personally Identifiable Information or PII. “PII” means unencrypted, unredacted, or non-anonymized
personally identifiable information regarding a Consumer or non-personally identifiable information
regarding a Consumer that has been aggregated, disaggregated or decompiled in a manner that is sufficient
to cause a Consumer to be identified, directly or indirectly, in particular by reference to an identification
number or to one or more factors specific to such Consumer’s physical, physiological, mental, economic,
cultural or social identity, including, by way of example, financial account numbers, credit or debit card
numbers (with or without access or pin numbers, if collected), personal addresses, IP addresses, identity
cards, residency permits, passport numbers, driver’s license numbers and/or other government issued
numbers. PII includes “Personal Data” as commonly defined by privacy laws.
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RDFI. “RDFI” or “Receiving Depository Financial Institution” means the financial institution that
receives the ACH Transactions from the ODFI through the ACH Network and posts these Transactions to
the accounts of Receivers (defined below).
Receiver. “Receiver” means an entity or individual Consumer that has an established account with a card
issuer or financial institution upon which a Transaction is or may be acted upon.
Reserve. “Reserve” means a specific amount of money that is held in the AGENCY account to be used
by FORTE to offset amounts owed to FORTE for Services provided, such as returned items, chargebacks,
fees/fines, billing or other AGENCY obligations to FORTE that FORTE is unable to collect from
AGENCY.
Rules. “Rules” means the operational rules, policies and procedures established by each applicable
Payment Network to govern all transactions and parties that participate in processing Transactions
through the associated Payment Network.
Settlement Account. “Settlement Account” means an account established and maintained by AGENCY
with a financial institution through which the following may occur: (a) deposit of funds for Debit Entries,
(b) the extractions of funds for Credit Entries, reserve funds or fee obligations unless otherwise agreed to
by the Parties.
Settlement Entry. “Settlement Entry” means a Debit or Credit Entry to AGENCY’s Settlement Account
which corresponds to the net amount owed AGENCY by FORTE at the end of each Business Banking
Day.
Transaction. “Transaction means any transfer of data or information to FORTE in a format pre-approved
by FORTE, including but not limited to payment, verification and authentication items.
Users. “Users” mean all individuals who access a FORTE website or utilize any portion of the FORTE
Services on behalf of AGENCY directly or through software that accesses the FORTE systems through
AGENCY’s systems, by using AGENCY’s access credentials or any other access reasonably presumed to
be on behalf of AGENCY.
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APPENDIX B
ACCOUNT VERIFICATION AND AUTHENTICATION SERVICES
1. Representation by Agency. Each request for data through the verification and authentication services
shall constitute a representation, warranty and certification by AGENCY that the data (i) shall be used
and disclosed only in accordance with the terms of the Agreement, and in accordance with any applicable
Rules, regulations or Laws; (ii) shall be used solely for the intended use as stated by AGENCY on
AGENCY’s application and that use is in compliance with the permissible uses under the Fair Credit
Reporting Act (“FCRA”) as provided in the FCRA Requirements Addendum located at
http://www.forte.net/fair-credit-reporting-act; (iii) AGENCY will follow proper procedures for adverse
action notification to its Constituents, as provided by the FCRA Requirements Addendum; and (iv)
AGENCY acknowledges it has implemented security measures to prohibit the unauthorized access to the
information provided.
2. Use of Services.
2.1 AGENCY SHALL USE THE VERIFICATION SERVICES ONLY IN CONNECTION
WITH PAYMENTS PRESENTED TO AGENCY BY ITS CONSTITUENTS IN EXCHANGE
FOR GOODS OR SERVICES. AGENCY SHALL NOT RESELL THE VERIFICATION
DATA OR SERVICES TO ANY THIRD PARTIES.
2.2 AGENCY understands and agrees that it cannot decline services to a consumer, Constituent
or Customer after receiving an approval result from FORTE on a verification inquiry unless
AGENCY is declining based on other grounds and/or information. Further, if AGENCY does
decline Services to a FORTE approved consumer, Constituent or Customer based on alternate
information, AGENCY shall not provide FORTE’s contact information as recourse for the
consumer, Constituent or Customer to pursue a dispute of the result under FCRA Adverse Action
requirements.
2.3 AGENCY shall provide to FORTE, as part of a verification inquiry, the accurate amount for
each Transaction AGENCY wants to verify.
3. Retention of Data. AGENCY acknowledges and agrees that it shall not retain, store, compile or
aggregate the results of verification or authentication inquiries received from FORTE except as required
by applicable Law or to perform its obligations under this Agreement.
4. AGENCY acknowledges and agrees, on behalf of itself and its Constituents, that all information
submitted by AGENCY to FORTE in order for FORTE to provide the Services to AGENCY or otherwise
contributed by AGENCY pursuant to these Services (including Transaction results) is held in FORTE’s
database, and may be used by FORTE for the purpose of providing the Services to its Customers in
compliance with all applicable Laws and Rules, including in accordance with the federal Fair Credit
Reporting Act (“FCRA”). Further, FORTE may track, review, compile, store and use any information or
data received from AGENCY as part of a Transaction or information or data received from a Payment
Association or financial institution regarding a Transaction for regulatory compliance or any other legally
permissible purpose. Without limiting the foregoing, AGENCY agrees and acknowledges that FORTE
(and/or certain of its Affiliates) may use the routing numbers, account numbers and other PII submitted
by AGENCY as well as Transaction results provided to or received by FORTE for the purpose of
supporting FORTE’s (or certain of its Affiliates) fraud detection, account validation and verification,
and/or other commercially available services.
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APPENDIX C
ACCOUNT UPDATER SERVICES
1. Description of Services. Participating Visa/MasterCard issuers submit the account changes to
FORTE’s Account Updater database. On a monthly basis, FORTE will compare all of AGENCY’s
recurring tokenized Transactions against the Account Updater database. FORTE will then update
the tokenized card information on file with updated account information.
2. Agency Requirements for Account Updater Participation.
a. AGENCY must be properly established and registered in the United States.
b. AGENCY must not have been disqualified from participating in the Visa, MasterCard, or
Discover programs.
c. AGENCY must be in compliance with all Card Association Operating Regulations.
d. AGENCY must submit inquiries only for those accounts with which it has an ongoing
Customer relationship and Customer’s authority to submit such payments.
e. AGENCY may not request Authorization on accounts that have been returned “Contact
Cardholder” or “Closed.”
f. AGENCY must not submit inquiries on behalf of any other entity.
g. AGENCY assumes all risk associated with the use of the Account Updater Service.
FORTE shall have no liability whatsoever to AGENCY for any liability associated with the
Account Updater Service, including but not limited to the accuracy or completeness of the
information provided via the Account Updater Service.
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APPENDIX D
AMERICAN EXPRESS CARD ACCEPTANCE
1. Merchant hereby acknowledges and agrees that for purposes of acceptance of American Express, the
American Express Merchant Operating Guide and any amendments thereto (the “Operating Guide”) is
hereby incorporated by reference into this Agreement and can be found at
www.americanexpress.com/merchantopguide.
All capitalized terms found in this section shall have the attributed meaning from the Operating Guide.
2. Merchant hereby acknowledges and agrees that it is not a party to any agreement between FORTE
and American Express.
3. Merchant hereby authorizes FORTE and/or Acquirer to submit American Express transactions to, and
receive settlement from, American Express on behalf of Merchant. Merchant must accept the American
Express card as payment for goods and services (other than those goods and services prohibited under the
Operating Guide) sold, or (if applicable) for charitable contributions made, at all of its establishments, except
as expressly permitted by applicable Law. Merchant is jointly and severally liable for the obligations of
Merchant’s establishments under the Agreement. For the avoidance of doubt, “cardholder” as used in this
Agreement shall include Cardmembers as defined in the Operating Guide.
4. Merchant hereby acknowledges and agrees that (i) FORTE or Acquirer may disclose American
Express Transaction Data (which for purposes of this section shall have the same definition as “Transaction
Data” in the Operating Guide), Merchant Data (as defined below), and other information about Merchant to
American Express, (ii) American Express may use such information to perform its responsibilities in
connection with the American Express Program, promote the American Express Network, perform analytics
and create reports, and for any other lawful business purpose, including marketing purposes, and (iii)
American Express may use the information obtained in this application at the time of setup to screen and/or
monitor Merchant in connection with American Express Card (the “Card”) marketing and administrative
purposes. If Merchant has provided a wireless phone number in connection with this Agreement, Merchant
hereby agrees that it may be contacted at that number and the communications sent may include autodialed
text messages or automated prerecorded calls. If Merchant has provided a fax number, Merchant hereby
agrees that it may be sent fax communications. To opt out of American Express-related marketing
communications, Merchant may contact FORTE customer service as described in this Agreement. For
purposes of this section, “Merchant Data” means names, postal and email addresses, tax ID numbers, names
and social security numbers of the authorized signer of Merchant and similar identifying information about
Merchant. For clarification, Merchant Data does not include American Express Transaction Data.
5. Merchant will adhere to the following website information display guidelines in the event Merchant
has a website and/or operates an e-commerce business. Merchant’s website must display the following:
• An accurate description of the goods/services offered, including the currency type for the Transaction
(e.g., U.S. Dollars). Note: Transaction currency must be in U.S. Dollars.
• Merchant's physical address in the U.S.
• An email address or telephone number for customer service disputes.
• Return/refund policy.
• A description of Merchant's delivery policy (e.g., no overnight delivery).
• A description of Merchant's security practices (e.g., information highlighting security practices
Merchant uses to secure Transactions on its systems, including Transactions conducted on the Internet).
• A statement of known export restrictions, tariffs, and any other regulations.
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• A privacy statement regarding the type of personal information collected and how the information is
used. Additionally, Merchant must provide to customers the option to decline being included in
marketing campaigns or having their personal information included on lists sold to third parties.
6. Merchant hereby agrees that, in the event that Merchant becomes a High Charge Volume Merchant (as
defined below), Merchant will be converted from the American Express Program to a direct American
Express Card acceptance relationship with American Express, and upon such conversion, (i) Merchant will
be bound by American Express’ then-current card acceptance agreement, and (ii) American Express will set
pricing and other fees payable by Merchant for American Express Card acceptance. “High Charge Volume
Merchant” for purposes of this section means an American Express Program Merchant with either (i) greater
than $1,000,000 in American Express charge volume in a rolling twelve (12) month period or (ii) greater
than $100, 000 in American Express charge volume in any three (3) consecutive months. For clarification, if
Merchant has multiple establishments, the American Express charge volume from all establishments shall be
summed together when determining whether Merchant has exceeded the thresholds above.
7. Except as expressly permitted by applicable Law, Merchant must not: (a) indicate or imply that
Merchant prefers, directly or indirectly, any Other Payment Products over the Card, (b) try to dissuade
Cardmembers from using the Card, (c) criticize or mischaracterize the Card or any of American Express'
services or programs, (d) try to persuade or prompt Cardmembers to use any Other Payment Products or any
other method of payment (e.g., payment by check), (e) impose any restrictions, conditions, disadvantages,
or fees when the Card is accepted that are not imposed equally on all other payment products, except for
electronic funds transfer, cash or check, (f) suggest or require Cardmembers to waive their right to dispute
any Transaction, (g) engage in activities that harm American Express' business or the American Express
Brand (or both), (h) promote any Other Payment Products (except, if applicable, Merchant’s own private
label card that it issues for use solely at its Establishments) more actively than Merchant promotes the Card,
or (i) convert the currency of the original sale Transaction to another currency when requesting
Authorization or submitting Transactions (or both).
8. Merchant may offer discounts or in-kind incentives from its regular prices for payments in cash,
ACH funds transfer, check, debit card, or credit/charge card, provided that (to the extent required by
applicable Law): (i) Merchant clearly and conspicuously discloses the terms of the discount or in-kind
incentive to its customers, (ii) the discount or in-kind incentive is offered to all of Merchant’s prospective
customers, and (iii) the discount or in-kind incentive does not differentiate on the basis of the Issuer or,
except as expressly permitted by applicable state statute, payment card network (e.g., Visa, MasterCard,
Discover, JCB, American Express). The offering of discounts or in-kind incentives in compliance with the
terms of this paragraph will not constitute a violation of the provisions set forth Section 3.2 of the Operating
Guide.
9. Whenever payment methods are communicated to customers, or when customers ask what
payments are accepted, Merchant must indicate its acceptance of the Card and display American Express'
Marks (including any Card application forms provided to Merchant) as prominently and in the same manner
as any Other Payment Products. Merchant must not use American Express' Marks in any way that injures or
diminishes the goodwill associated with the American Express Mark, nor in any way (without American
Express’ prior written consent) indicate that American Express endorses Merchant’s goods or services.
Merchant shall use the American Express brand and marks in accordance with the requirements set forth in
the Operating Guide and shall remove the American Express brand and marks from Merchant’s website and
wherever else they are displayed upon termination Merchant’s acceptance of American Express cards.
10. Any and all Cardmember Information is confidential and the sole property of the Issuer, American
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Express or its Affiliates. Except as otherwise specified, Merchant must not disclose Cardmember
Information, nor use nor store it, other than to facilitate Transactions in accordance with this Agreement.
For more information, refer to the Operating Guide, Section 4.2, "Completing a Transaction at the Point of
Sale" and Chapter 8, "Protecting Cardmember Information".
11. Merchant shall not assign to any third party any American Express-related payments due to it under
this Agreement, and all indebtedness arising from American Express Charges (as defined below) will be for
bona fide sales of goods and services (or both) at its establishments (as defined below) and free of liens,
claims, and encumbrances other than ordinary sales taxes; provided, however, that Merchant may sell and
assign future American Express transaction receivables to FORTE, its affiliated entities and/or any other
cash advance funding source that partners with FORTE or its affiliated entities, without consent of
American Express.
12. Merchant hereby agrees that American Express shall have third party beneficiary rights, but not
obligations, to enforce this Agreement as against Merchant to the extent applicable to American Express
processing. Merchant understands and agrees that it shall have no third party beneficiary rights under any
agreement between FORTE and American Express and/or Acquirer. Merchant shall maintain refund policies
for purchases on the American Express card that are at least as favorable as its refund policy for purchases on
any other payment product. Merchant will disclose any such refund policy to Cardmembers at the time of
purchase and in compliance with the Operating Guide and all applicable Laws. Merchant’s termination of
American Express Card acceptance shall have no direct or indirect effect on Merchant’s rights to accept
other card brands. To terminate American Express acceptance, Merchant may contact FORTE customer
service as described in this Agreement.
13. Without limiting any other rights provided herein, FORTE and/or Acquirer shall have the right to
immediately terminate Merchant’s acceptance of American Express cards upon request of American
Express. Merchant may not bill or collect from any Cardmember for any purchase or payment on the Card
unless a chargeback has been exercised, Merchant has fully paid for such charge, and it otherwise has the
right to do so. Merchant will comply with all procedural requirements relating to chargebacks, as provided
in the Operating Guide, Chapter 11.
14. American Express Liability. SPONSORED MERCHANT ACKNOWLEDGES AND AGREES
THAT IN NO EVENT SHALL AMERICAN EXPRESS, ITS AFFFILIATES, AGENTS, SUCCESSORS,
OR ASSIGNS BE LIABLE TO SPONSORED MERCHANT FOR ANY DAMAGES, LOSSES, OR
COSTS INCURRED, INCLUDING INCIDENTAL, INDIRECT, SPECULATIVE, CONSEQUENTIAL,
SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (WHETHER BASED ON
CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, FRAUD, OR OTHERWISE,
OR STATUTES, REGULATIONS, OR ANY OTHER THEORY), ARISING OUT OF OR IN
CONNECTION WITH THE AGREEMENT.
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APPENDIX E
INFORMATION SECURITY REQUIREMENTS
1. Acknowledgment of Information Security Requirements. FORTE acknowledges and agrees to have a
“Security Program” that is compliant with all legal and industry mandated information security
requirements applicable to its duties and obligations specified under this Agreement.
2. Compliance with Laws and Industry Standards. FORTE agrees to abide by all Laws, Rules and industry-
mandated information security standards applicable to its duties and obligations related to information
security for Services provided by FORTE to AGENCY under this Agreement.
3. Definitions.
a. Consumer Information. “Consumer Information” means collectively PII and Source Data, as defined
below.
b. Source Data. “Source Data” means data provided by AGENCY relating to AGENCY’s account activity
or other information collected from the AGENCY in order to process a transaction on a AGENCY’s
behalf or otherwise necessary for a AGENCY’s use of Forte’s products and services, whether in
individual or aggregate form. Source Data may include PII but is not limited to PII. Source Data is and
shall remain the property of a AGENCY and /or its Consumer customer. To the extent that ISV or
FORTE have access to or collects such Source Data, each agrees that it does so solely on behalf of the
AGENCY and the AGENCY’s Consumer customers pursuant to the obligations hereunder and shall
maintain the confidentiality of such Source Data and shall treat it in accordance with applicable Law.
4. Security Obligations.
a. FORTE hereby acknowledges that AGENCY has a responsibility under the law to keep PII (as
defined in Appendix A) private and confidential, and as a result of any PII received by FORTE in the
performance of this Agreement, FORTE shall have the same responsibility. FORTE also
acknowledges that the PII to which it will have access pursuant to this Agreement (if any), that
FORTE shall gain possession of any ownership or other proprietary rights with respect to such PII.
FORTE acknowledges and understands that PII may be subject to applicable local, state and federal
Rules and Laws and applicable information industry standards; provided however, to the extent that
AGENCY informs FORTE of a local law expanding the definition of PII in Appendix A, FORTE
shall only be required to use commercially reasonable efforts to comply with such expanded local
requirements.
b. Consumer Information that is collected or obtained from AGENCY pursuant to this Agreement shall
be stored and maintained by FORTE in a secure environment and transmitted by FORTE in a secure
form that meets industry-mandated data security standards. Although FORTE will protect and
safeguard PII in a manner that meets industry-mandated data security standards, the parties agree that
there may be some instances in which PII or certain PII data elements are protected in a more secure
manner than other data (e.g., encryption).
5. Rights to Use and Access. AGENCY hereby grants to FORTE a non-exclusive right to use all of
AGENCY’s Source Data including PII provided by AGENCY’s customers, necessary to perform the
Services under this Agreement. FORTE shall limit the use and access to AGENCY’s Source Data to uses
pursuant to the terms of the Agreement and to FORTE’s bona fide employees or independent consultants,
contractors or auditors and required governmental agencies, who have a need to know such information
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and who agree to comply with use and non-disclosure restrictions similar to those contained within this
Agreement.
6. Security of Consumer Information. Each Party shall implement and maintain a Security Program that
includes appropriate administrative, technical and physical safeguards reasonably designed to: (i) ensure
the security and confidentiality of Consumer Information within its systems; (ii) protect against any
anticipated threats or hazards to the security or integrity of Consumer Information within its systems; and
(iii) protect against unauthorized access to or use of Consumer Information stored on its systems; and (iv)
dispose of Consumer Information in a secure manner per applicable Rules and Laws.
a. In order to comply with safeguard obligations generally described in the preceding paragraph, each
Party shall (1) designate an employee or employees to coordinate its Security Program, (2) identify
reasonably foreseeable internal and external risks to the security, confidentiality and integrity of
Consumer Information located on its systems that could result in the unauthorized disclosure, misuse,
alteration, destruction or other compromise of such information, and assess the sufficiency of any
safeguards in place to control these risks. At a minimum, such risk assessment should include
consideration of risks in each relevant area of a Party’s operations, including: (i) employee training
and management; (ii) information systems, including network and software design, as well as
information processing, storage, transmission and disposal; and (iii) detecting, preventing and
responding to attacks, intrusions, or other systems failures, which shall include the use of
commercially reasonable efforts to establish procedures and logging mechanisms for FORTE systems
and networks that will allow tracking and analysis in the event there is a compromise of its systems,
and maintain an audit trail history for at least three (3) months for review by AGENCY upon
reasonable request; (3) design and implement information safeguards to control the risks identified
through risk assessment, and regularly test or otherwise monitor the effectiveness of the safeguards’
key controls, systems, and procedures; and (4) use commercially reasonable efforts to assure data
security when disposing of any Consumer Information.
7. Disclosures. Neither Party shall have an obligation to maintain the confidentiality of any Consumer
Information which: (i) has been received by it from a third party without restriction on disclosure and
without breach of agreement or other wrongful act by the receiving party; or (ii) is independently
developed by it without reference to any Consumer Information. If required by any court of competent
jurisdiction or other governmental authority, each Party may disclose to such authority, data, information
or materials involving or pertaining to Consumer Information to the extent required by such order or
authority. FORTE shall, if not otherwise prohibited, give the other Party as much advance notice of the
possibility of such disclosure as is practical so that it may, at its own expense, attempt to stop such
disclosure or obtain a protective order concerning such disclosure.
8. Breach Notification. In the event of an actual or validated breach of security of a Party’s system, website,
database, equipment or storage medium or facility that results in unauthorized access to Consumer
Information on a Party’s system by any third party (including any consultant or subcontractor of the Party
that is not authorized to access such information), the Party that experienced the breach shall notify the
other Party within a commercially reasonable time after taking any appropriate measures necessary to
prevent further access, and shall take commercially reasonable efforts to resecure its systems as soon as
possible. The Party that experienced the breach shall provide any information that the other Party
reasonably requests pertaining to the incident, unless prohibited from doing so by applicable Rule or Law
and shall provide reasonable cooperation to investigate any such incident. In addition, in the event of an
actual or validated breach of security to a Party’s system regarding PCI data related to AGENCY’s
account with FORTE, the Party that experienced the breach shall, to the extent reasonably practicable,
cooperate with the investigative actions of the appropriate forensic unit and/or law enforcement agency
and agrees to provide the other Party with a copy of the final Incident Report, if any, upon request.
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9. FORTE’s Annual Validation of Adherence to Security Standards. FORTE and AGENCY agree to utilize
existing FORTE assessment reports and Certifications (SSAE report and PCI Certification), to validate
FORTE’s compliance with the Information Security Requirements set forth in this Appendix E.
a. FORTE shall maintain all records pertaining to the Services as required by applicable Rule or Law
b. FORTE shall provide at its expense, upon AGENCY’s written request on no more than an annual
basis, its most current independent, SSAE report (third party service organization report). An SSAE
report for purposes of this Agreement is defined as a specialized report or reports of controls,
generally accepted in the industry, in the areas of financial reporting and general information
technology controls for the services provided by a hosted solutions provider, managed services
provider, service organization, service bureau or other similarly structured provider of software and
hardware solutions. FORTE shall select the type of SSAE report that will be provided based upon
the relationship between the parties and the products and services provided by FORTE. In the event
AGENCY wishes to receive a type of SSAE report not currently provided by FORTE, AGENCY
shall provide no less than eighteen (18) months prior written notice to FORTE and FORTE in its sole
discretion shall determine whether it will provide the additional type of SSAE report to AGENCY.
FORTE will provide a copy of the most current report prepared; provided that AGENCY shall accept
and agree to any conditions imposed by the independent audit firm for access to such report. FORTE
will use good faith efforts to assist in resolving any issues that may arise between AGENCY and any
independent auditor firm regarding the viewing of the SSAE report. AGENCY may not distribute or
provide FORTE’s SSAE report to third parties without FORTE’s prior written consent.
c. FORTE is PCI DSS certified and undergoes an annual audit in order to maintain PCI DSS compliance
against the current version of PCI DSS published on the PCI SSC (PCI Security Standards Council)
website.
d. AGENCY and its auditors will maintain the confidentiality of FORTE’s procedures and processes,
which FORTE describes as confidential, and which are disclosed as a result of any review or audit.
FORTE agrees that any material failure, as defined by AGENCY in its reasonable discretion, to
cooperate fully and promptly in the conduct of any audit requested pursuant to this paragraph will
constitute grounds for AGENCY to immediately terminate the Agreement and cease receiving
Services from FORTE; provided, however, AGENCY shall provide FORTE with written notice of
such material failure to cooperate and FORTE shall have thirty (30) days opportunity to cure. Such
termination shall be [AGENCY/Agency]’s sole and exclusive remedy for any such failure to
cooperate.
10. Network and Application Scans. FORTE shall perform network and application security scans that test
the FORTE’s systems for (i) security vulnerabilities, (ii) denial of service vulnerabilities and (iii) system
access. FORTE will have processes that review and remediate vulnerabilities.
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SCHEDULE 1
PRICING FEE SCHEDULE
Such Pricing Fee Schedule is executed and attached to AGENCY’s “Merchant Application” and
incorporated herein by reference.
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PRICING FEE SCHEDULE
Forte Payment Systems is proud to provide a robust processing platform and flexible pricing strategies:
• Service Fee Model – in a service fee model approach, the citizen pays a service fee for processing their
transaction. Your office absorbs no cost.
• Absorbed Model - credit card/debit card Merchant Services, Electronic Check Services and the Secure
Gateway are absorbed by your office.
Service (Convenience) Fee Pricing Option:
MasterCard, Visa, Discover and American Express cards
3.20% of the payment amount with a minimum fee of $2.00 based upon volume.
Debit Cards (Tax Program only)
1.95% of the transaction amount
Electronic check – online WEB and IVR payments
Includes Forte Verification for known accounts.
eCheck Transaction Tiers Fees Frequency
$0.00 to $50,000.00 $2.00 w/Verification Per Transaction
$50,000.01 to $75,000.00 $3.25 w/Verification Per Transaction
$75,000.01 to $100,000.00 $6.25 w/Verification Per Transaction
$100,000.01 to $150,000.00 $10.25 w/Verification Per Transaction
$150,000.01 + $250,000.00 $15.25 w/Verification Per Transaction
Absorbed Pricing Option:
Emerging Market and Public-Sector Rate Structure
Processing Costs: Fees Frequency
Option 1. Visa, MasterCard, Discover,
3.20% Per Transaction
American Express
*Pass Thru pricing +
Option 2. Visa, MasterCard, Discover, Per transaction
$0.20+ 40bpts*
*Pass Thru pricing +
Option 2. American Express Per Transaction
$0.20
Forte Protect (End-2-End Encryption) $0.10 Per transaction
Forte Protect (Key Injection Fee) $25.00 One time Per Device
Account Updater (Optional) $0.35 Per Transaction
Account Updater (Optional) $25.00 Per Month
Credit Card Chargeback Fee $25.00 Per Chargeback
Batch Fee $0.25 No Charge - Waived
$2.00 with Forte Validate
ACH Fee-debits/credits Per Transaction
Plus
ACH Return Fee $2.00 Per Return
Monthly Fee $5.00 Each Month per Merchant Account
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*Pass Thru pricing includes the direct interchange dues, assessments and all other fees that are charged
directly from the associations. Forte Payment Systems believes in transparent pricing, meaning that we utilize
a Pass-Thru Plus pricing model. Interchange pass thru pricing is a form of credit card processing that allows
the actual cost of the processing (*interchange fees & assessments) to be passed directly through to your
office. The advantage of this pricing strategy is that it is transparent and, in most instances, provides the
lowest processing costs.
Forte’s fees include: Total volume processed multiplied by bpts
Total # of transactions processed by per item fee
Gateway Only Pricing Option:
Fee Description Fee Frequency
Forte Gateway Fee $0.25 Per Transaction
Monthly Gateway Fee $29.99 Per Merchant ID
Equipment and Service Pricing:
The following table reflects our Equipment and Service Offerings
Standard Product Description Fees and Cost of Equipment
VeriFone V400c Terminal $399.00 per terminal plus
(Standalone) shipping
VeriFone V400c Terminal $450.00 per terminal plus
(Hybrid with cables) shipping
MagTek eDynamo $179 per devise plus shipping
MagTek eDynamo and Counter-Top $219/Device with Docking
Docking Station Bundle (recommended) station plus shipping
Select pricing option(s) desired: Absorbed Pricing Service Fee Pricing Gateway Only Pricing
Option 1 ☐ Option2 ☐ Dual Bill ☐ ☐ ☐
*Required Merchant Signature: ____________________________________________
Date ______________________________
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 13, 2024 Title: Chicken Ordinance
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Request to amend the Animals section of the City Code of Ordinances to allow residents to keep up
to six chickens at their residence, under certain conditions.
Detailed Summary & Background:
The ordinance would allow residents to keep up to six female chickens (no roosters) on a residential
parcel that has at least 3,000 sf. The property must be located in a zoning district that allows for single
family houses, duplexes, triplexes or quadplexes (Single Family Residential, RT, FBC-UR or FBC-LR). The
chickens must be kept in a coop, which shall be in a fenced or covered enclosure, and must contain
a feeding container. Chicken coops must be approved by the Zoning Administrator through the
development permit process.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
Approve the amendments to the Animal ordinance to allow for regulations on keeping chickens.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads X
Communication
Legal Review X
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City of Muskegon
Muskegon County, Michigan
Ordinance Amendment No.
THE CITY OF MUSKEGON HEREBY ORDAINS:
Sec. 6-17. Livestock and poultry.
(a) Except as provided in this section, no livestock shall be kept in the city.
(b) No live poultry, excluding chickens kept pursuant to section (f) below, shall be kept in
the city.
(c) No more than two (2) rabbits shall be kept on any premises in the city. The two (2)
rabbits which may be kept at premises shall be in a pen located at least 25 feet from
any dwelling and constructed and maintained in accordance with standards published
in the industry or by a 4-H organization.
(d) No wild animal shall be kept permanently or temporarily in the city unless affiliated
with a transient circus or carnival having all required permits to operate in the city, or
a licensed zoo.
(e) Education Exception
1. Upon submission of a site plan and approval by the Planning Commission, an
educational institution may keep a limited number of livestock, poultry, fowl,
rabbits and other animals for educational purposes.
2. An “educational institutional” for purposes of this ordinance is defined as an
accredited educational institution, such as a school within the Muskegon Area
Intermediate School District, an elementary, intermediate, and/or secondary
school, college, university or other such institution of higher learning, public
and private, offering courses in general, technical or religious education, not
operated for profit and in full compliance with the City’s Zoning Ordinance.
3. Measures must be taken to ensure that the livestock and other animals are not a
nuisance to neighboring properties for any reason, including the noise, smell,
disease or danger that they may cause.
4. All livestock and other animals must be located at least 25 feet from any
dwelling.
5. All state and federal laws and regulations pertaining to the housing and care of
animals shall be followed. In addition, the program using the animals as part of
its educational curriculum must comply with the career tech program guidelines
and regulations.
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(f) Keeping of Chickens
1. Up to six (6) female chickens may be kept on a tax parcel having at least 3,000
square feet and located in a Single-Family Residential District, RT Two Family
Residential District, Form Based Code, Urban Residential District or Form
Based Code, Lakeside Residential District. Roosters may not be kept in the city.
2. The female chickens shall be kept in a chicken coop, which shall be in a fenced
or covered enclosure. The fenced or covered enclosure shall comply with
setback requirements established in the City’s Zoning Ordinance and shall not
cover more than 50% of the rear yard. All aspects of the fenced or covered
enclosure shall be as provided for in a development permit approved by the
Planning Department and shall be repaired and maintained in a manner resistant
to predators.
3. In addition to the chicken coop, the fenced or covered enclosure shall contain a
feeding container. Ground feeding is prohibited. All unused or unconsumed
food shall be adequately secured and stored after every feeding. All unused or
unconsumed food shall not be left open to or accessible by other animals.
4. The keeping of chickens shall be done in such a manner that all health and safety
standards of the City’s Property Maintenance Code are satisfied.
(g) Violation and Penalties
1. The owner and occupant of a tax parcel shall insure compliance with all
provisions of this Section.
2. Any person who violates any provision of this Section shall be responsible for
a municipal civil infraction.
(h) Civil Remedies for Violation
1. In case any dwelling, property, chicken coop, fenced or covered enclosure, or
feeding container is maintained in violation of any provision of this Section, the
city may institute an action in circuit court to prevent such unlawful
maintenance; to restrain correct or abate such violation or nuisance, or to
prevent conduct on such tax parcel.
2. The judgement of the court in such cause may direct the correction, repair or
rehabilitation of the dwelling or building or the abatement of the violation, may
authorize a reasonable time within which the defendant may make such
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correction or abatement and may authorize the city to execute and carry out the
provisions of the judgment in case of default of the defendant. Whenever the
city has incurred any expense in the enforcement of this article or in obtaining
a judgement of the court or if inspection fees are due, such expenses and fees
may be recovered.
3. The city shall have a lien upon the premises for all fees due and amounts
expended to correct, repair, rehabilitate or abate a condition or violation thereon
and for expenses necessarily incurred in the obtaining and executing of a
judgment, which shall be a lien placed on the tax parcel and may be placed on
the tax bill and have priority over all other liens or encumbrances except taxes
or assessments may be enforced by levy as in the case of real property taxes, by
personal action or judicial foreclosure. The lien shall be effective on the date
billed by the city.
4. In any action instituted by the city under this section, the city attorney may file
in the office of the register of deeds of the county a notice of the pendency of
the action or proceedings. A notice may be filed as the time of the
commencement of the action or proceeding or at any time thereafter before final
judgment or order or at any time after the service of any notice or order issued
by the city. The notice shall have the same force and effect as a lis pendens.
Such notice may be vacated upon the order of the judge of the court in which
the action or proceeding was instituted or is pending or by consent in writing of
the city of the city attorney.
This Ordinance Adopted:
Ayes:
Nays:
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: ______________________________
Ann Marie Meisch, MMC
Clerk, City of Muskegon
CERTIFICATE
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The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the day of , 2024 at which meeting a quorum was
present and remained throughout, and that the original of said ordinance is on file in the records
of the City of Muskegon. I further certify that the meeting was conducted, and public notice was
given, pursuant to, and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as
amended, and that minutes were kept and will be, or have been made available as required thereby.
CITY OF MUSKEGON
Published: _________________, 2024 By:
Ann Marie Meisch, MCC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
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TO: ALL PERSONS INTERESTED
Please take notice that on ___________________, 2024 the City Commission of the City
of Muskegon adopted an amendment to Chapter 6 “Animals”, whereby the following changes were
made:
(f) Was added to permit the keeping of up to six (6) chickens under certain conditions and
in certain zoning districts.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, 49440 during regular business
hours.
This ordinance amendment is effective ten (10) days from the date of this publication.
CITY OF MUSKEGON
Published: _________________, 2024 By:
Ann Marie Meisch, MCC
Clerk, City of Muskegon
------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 13, 2024 Title: Social District permit for Rake Beer Project
Submitted by: Dave Alexander, Community Department: Community Engagement
Engagement Specialist
Brief Summary:
The City Commission must recommend approval of the Michigan Liquor Control Commission permits
of participating licensed establishments in the Downtown Muskegon Social District.
Detailed Summary & Background:
Detailed Summary & Background: With the establishment of the Downtown Muskegon Social
District, participating licensed establishments must receive a Social District permit from the
Michigan Liquor Control Commission. The MLCC must first receive a recommendation for
approval from the City Commission before granting the permits. Rake Beer Project LLC has
been a social district participating licensed establishment at its former location at 794 Pine
Street. With the move to 500 W. Western Avenue, Suite 200, Rake must receive a new social
district permit with its new MLCC license for that location. This item corrects the business'
address from city commission action on May 9, 2023.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Events and activities
Goal/Action Item:
Key Focus Area - Events and activities
Amount Requested: Budgeted Item:
None Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
None Yes No N/A X
Recommended Motion:
Approve the resolution recommending Michigan Liquor Control Commission approval of Social
District permit in the Downtown Muskegon Social District for Rake Beer Project LLC and to direct the
City Clerk to certify the City Commission action with the MLCC.
Approvals: Guest(s) Invited / Presenting:
Page 134 of 235
Immediate Division No
Head
Information
Technology
Other Division Heads
Communication
Legal Review
Page 135 of 235
RESOLUTION RECOMMENDING DOWNTOWN MUSKEGON SOCIAL DISTRICT
PERMIT APPLICATON APPROVAL
City of Muskegon
County of Muskegon, Michigan
Minutes of a Regular Meeting of the City Commission of the City of Muskegon, County of
Muskegon, Michigan (the “City”), held at Muskegon City Hall, 933 Terrace, Muskegon, MI 49440
on the 13th day of February, 2024 at 5:30 p.m., prevailing Eastern Time.
PRESENT:
ABSENT:
The following preamble and resolution were offered by Vice Mayor German and
supported by Commissioner Emory.
WHEREAS, in accordance with Public Act 124 of 2020 on the establishment of Social
Districts within a Michigan city; and
WHEREAS, COVID-19 pandemic has caused unprecedented economic disruption
worldwide and within our local business community; and
WHEREAS, restaurants and bars, which have been key contributors to the historic
redevelopment of Downtown Muskegon, have been and will continue to be hard hit by the
economic impact post pandemic; and
WHEREAS, increasing availability of outdoor spaces for dining and drinking will help
downtown and its businesses recover; and
WHEREAS, Public Act 124 of 2020 empowers local governments like the City of
Muskegon to enhance its downtowns with Social Districts and accompanying Common Areas
where purchasers may consume and possess alcoholic beverages sold by multiple qualified
Michigan Liquor Commission licensees who obtain Social District Permits; and
WHEREAS, the City Commission has designated a Downtown Muskegon Social District
and Common Area, and
WHEREAS, the city has received requests from multiple qualified licensees to
recommend approval of their Social District Permit applications by the Michigan Liquor Control
Commission, and
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WHEREAS, the licensed establishments are contiguous to the Common Area within the
Social District, and
WHEREAS, the City Commission desires to recommend approval of the Social District
Permit applications,
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Social District Permit Applications from the following licensees are
recommended by the City Commission to consideration and approval by the
Michigan Liquor Control Commission:
a. Rake Beer Project LLC, 500 W. Western, Suite 200.
2. The City Clerk is authorized and directed to provide each applicant with a certification
of this action in the form specified by the Michigan Liquor Control Commission.
AYES:
NAYS:
RESOLUTION DECLARED APPROVED.
Ken Johnson, Mayor
Ann Marie Meisch, City Clerk
Page 137 of 235
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a
regular meeting held on February 13, 2024 and that said meeting was conducted and public
notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act,
being Act 267, Public Acts of Michigan, 1976 and that the minutes of said meeting were kept
and will be or have been made available as required by said Act.
Ann Marie Meisch, City Clerk
Page 138 of 235
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 13, 2024 Title: Allocation of remaining ARPA Community
Grant Funds
Submitted by: Peter Wills, Director of Department: Manager's Office
Governmental Relations
Brief Summary:
Staff is requesting approval to redirect $150,000 to additional applicants of the City's ARPA Community Grant
Program who were not previously selected for funding in late 2023.
Detailed Summary & Background:
Background
2/14/23: City Commission authorized $1.6M from the City’s allocation of American Rescue Plan Act (ARPA) funds to
establish the City's ARPA Community Grant Program. Eligible applicants included non-profit orgs, small businesses
and each neighborhood association.
3/1/23 - 3/31/23: Grant application period open; 60 applications received.
April 2023 - May 2023: Review of applications and established ARPA Community Grant Review Committee. Six
members included: Lawrence Baker (Ward 1), Leon Howard (Ward 2), Jennifer Sanocki (Ward 3), Nina Leask
(Ward 4), Jonathan Seyferth (City Manager), and Sharonda Carson (Director, Community and Neighborhood
Services). Two additional advisors – Community Foundation and United Way
June 2023: The Review Committee held four public meetings at City Hall on 6/5/23, 6/7/23, 6/22/23 and 6/29/23.
A multistep scoring process was used to review and evaluate all applications. The responses to 9 questions on the
application served as the evaluation criteria on which to base the scores. Projects were ranked by the cumulative
average of each committee members scores.
The Review Committee recommended (22) project proposals for the Commission’s consideration. On August
2, 2023, the Commission approved (21) proposals for funding. At that meeting, a recommended proposal from
Pioneer Resources in the amount of $150,000 was removed due to conflict of interest documentation involving
Commissioner Gorman which had not yet been resolved. Upon resolution of the matter, the Pioneer Resources
project was brought back to the Commission for unanimous consideration. The proposal did not ultimately
receive enough support and was subsequently denied. Thus, $150,000 was then made available to be
redirected to other applicants.
As of 12/31/23, the remaining balance of uncommitted funds from the city's ARPA (American Rescue Plan Act)
allocation ($22,881,894) is approximately $435,133.40. (Public Safety has an action item later in the meeting
allocating this balance to cover a portion of the cost for a fire truck.)
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Diversity reflected in businesses and business owners
Neighborhood commercial center development
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Goal/Action Item:
2027 Goal 4: Financial Infrastructure - Action item 2022 - 4.2 take advantage of external revenue
sources
Amount Requested: Budgeted Item:
150,000 Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
101-901-982-092112 Yes No X N/A
Recommended Motion:
Authorize the distribution of $150,000, from the City's ARPA Community Grant Fund, to the following
entities - $25,000 to Mediation & Restorative Services; $10,000 to HBCU Club of Muskegon LLC; $50,000
to Forrest Tax & Accounting Services; and $65,000 to Muskegon Retirement Apts, Inc, dab Jefferson
Towers.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads X
Communication
Legal Review
Page 140 of 235
CITY OF MUSKEGON
AMERICAN RESCUE PLAN ACT (ARPA)
COMMUNITY GRANT
PROGRAM GUIDELINES
Page 141 of 235
City of Muskegon
ARPA Community Grant Program Guidelines
INTRODUCTION:
The federal American Rescue Plan Act of 2021 (ARPA) was signed into law on March 11, 2021, by
President Joe Biden. It provided $350 billion to eligible state, local, territorial, and tribal
governments to support and meet the public health and economic needs of those impacted by
the COVID-19 public health emergency. In addition, these funds are available to address
longstanding health and economic disparities, which amplified the impact of the pandemic
disproportionally in certain communities.
These funds are being made available through the federal Coronavirus State and Local Fiscal
Recovery Funds (“SLFRF”) program. The program ensures that governments have the resources
needed to:
• Fight the pandemic and support families and businesses struggling with its public health
and economic impacts;
• Maintain vital public services, even amid declines in revenue; and
• Build a strong, resilient, and equitable recovery by making investments that support long-
term growth and opportunity.
The U.S. Department of Treasury adopted a guidance document on January 6, 2022, for recipients
of SLFRF funds (City), referred to as the Final Rule. This document describes eligible use categories
and other restrictions on the use of funds under the SLFRF program as well as federal reporting
requirements.
The Final Rule Overview states that federal SLFRF award funds may not be placed in reserves, or
used to pay settlements or other judgments, nor may funds be used to pay debts or fees related
to issuing debt.
As a recipient of an SLFRF award, the City has discretion to distribute the award funds in ways
which best suits the needs of our residents – as long as such uses fit into one of the following
four eligible categories:
1. Support public health expenditures or its negative economic impacts caused by the
public health emergency, including assistance to households, small businesses and
nonprofits, or aid to impacted industries, such as tourism, travel and hospitality.
2. Replace lost public sector revenue and fund general government expenses and projects.
3. Provide assistance to members of the community that were disproportionately impacted
by the pandemic.
4. To make necessary investments in water, sewer or broadband infrastructure.
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City of Muskegon
ARPA Community Grant Program Guidelines
PURPOSE OF COMMUNITY GRANT:
To make available one-time federal COVID-19 pandemic recovery funds for city neighborhood
associations, eligible nonprofit organizations and small businesses to establish capital initiatives
and special projects which affect the most impacted and disproportionately impacted
households in our community.
Applicants are encouraged to develop proposals that would fund one-time capital initiatives or
special projects of short-term duration instead of new programs to avoid any associated long-
term operating costs.
Funding priority will be given to proposals which remove barriers for disproportionately impacted
residents who have historically experienced difficulty to accessing these types of resources.
Proposals must support and meet the public health and economic needs of those most impacted
and address longstanding health and economic disparities amplified by the pandemic.
Community grant funds are to be used to advance equity, strengthen the economic vitality of the
city and quality of life of our residents.
AVAILABLE FUNDING:
The city is making $1,600,000 available in one-time direct federal revenue resource for an ARPA
Community Grant program. The number of grants will be limited by the budgeted amount.
Under the federal SLFRF program, the stimulus funds received by the City, and those specifically
used for this community grant, must be used for costs incurred on or after March 3, 2021.
TERMS:
The city encourages proposals from each of the city’s neighborhood associations, 501(c)(3)
nonprofit organizations and small businesses, that are located in the city limits, meet the
objectives of the ARPA SLFRF, and are aligned with the City of Muskegon’s Long Term Goals and
strategic priorities.
• City Neighborhood Associations (NA) – must represent an identified neighborhood within
the City of Muskegon, which is accepted as such, through the City’s Community Policing
Program. The NA must show proof of organization (ex. bylaws, meeting minutes, bank
account). The NA must describe their capacity or ability to accomplish the activity it proposes,
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City of Muskegon
ARPA Community Grant Program Guidelines
achieve its goals, and manage the grant through qualified staff, volunteers and administrative
leadership. Eligible Neighborhood Associations are listed below.
o Angell Neighborhood Assoc.; Marsh Field Neighborhood Assoc.; Beachwood/Bluffton
Neighborhood Assoc.; McLaughlin Neighborhood Assoc.; Campbell Neighborhood
Assoc.; Nelson Neighborhood Improvement Assoc.; E. Muskegon Neighborhood
Alliance; Nims Neighborhood Assoc.; Glenside Neighborhood Assoc.; Oakview
Neighborhood Assoc.; Jackson Hill Neighborhood Assoc.; Marquette Neighborhood
Assoc.; Lakeside Neighborhood Assoc.; Sheldon Park Neighborhood Assoc.; Steele
Neighborhood Assoc.
The City of Muskegon recognizes the NAs within the City as viable and necessary to the positive
functioning of our community. Our neighborhoods help drive quality of life, as they can help
provide activities that engage residents, improve living conditions, provide social opportunities,
and positively affect crime. It is the intent of this grant program to empower eligible
Neighborhood Associations in funding basic organizational activities, as well as, assisting in their
efforts to become more active and invest in themselves, and therefore, our City.
• 501(c)(3) nonprofit organization - must provide evidence from a copy of a current IRS
Determination Letter. The organization must be headquartered within the municipal
boundaries of the City, as of March 3, 2021, and provide direct services to residents. Award
funds shall not be spent on operations and maintenance of the nonprofit organization.
• Eligible small business - must meet the U.S. Small Business Administration’s small business
size standards. This is a table of size standards to help small businesses assess their business
size. This definition of “size” aligns with the SBA definition of a small business. SBA’s Table
of Size Standards provides definitions for North American Industry Classification System
(NAICS) codes, that vary widely by industry, revenue and employment. It defines small
business by firm revenue (ranging from $1 million to over $40 million) and by employment
(from 100 to over 1,500 employees). For example, according to the SBA definition, a roofing
contractor is defined as a small business if it has annual revenues of $16.5 million or less.
But an Asphalt Shingle and Coating Material manufacturer is defined as a small business if it
has fewer than 750 employees. The small business must be headquartered within the
municipal boundaries of the City, as of March 3, 2021. Award funds shall not be spent on
operations and maintenance of the small business.
• Applicants are encouraged to develop proposals that would fund one-time capital initiatives
or special projects, which affect the most impacted and disproportionately impacted
households in our community, instead of new programs to avoid any associated long-term
operating costs. The capital initiatives or special projects are to be of limited duration and
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City of Muskegon
ARPA Community Grant Program Guidelines
have a stated outcome(s). Grant funds also offer a chance to develop partnerships to address
challenges impacting the entire community.
• Under the requirements of the federal SLFRF program, funds received by the City must be
used for costs incurred on or after March 3, 2021. As a result of establishing the city’s ARPA
Community Grant, funds awarded to successful applicants must be for those expenses
incurred by the eligible nonprofit organization or small businesses on or after March 3, 2021.
• Application period will begin March 1, 2023. Applications must be submitted on or before
March 31, 2023 by Midnight. Late applications will not be accepted. The Review Committee
will submit recommendations to the Commission. The City Commission will review and
make funding decisions at the April 25th General Commission meeting. Final Commission-
recommendations announced to the public by April 26th.
• Applications will be available and may be submitted through the City of Muskegon’s website.
This is the only way to submit applications. If you need a special accommodation, please email
[email protected] for assistance or contact the City at 231-724-6702.
• Only one application may be submitted by eligible applicants during the grant cycle.
• The available range from which to request grant funds will be a minimum of $25,000 to a
maximum of $250,000.
• Applicants will be reviewed and considered for recommendation based on requesting a fixed
grant amount only for: $25,000, $50,000, $75,000, $100,000, $150,000, $200,000 or
$250,000. Cost share/matching funds are not required. Applicants shall select a grant amount
that is reflective of their overall organization size and internal capacity.
• The proposed project must be obligated/contracted by December 31, 2024 and all project
funds must be spent by December 31, 2026. The project must begin as soon as the
Beneficiary Grant Agreement is executed. Receiving a City ARPA Community Grant requires
the project to be completed in a timely manner.
• All city taxes and other city accounts must be current.
• If the project proposal involves building construction, all work must be done in compliance
with all city regulations and ordinances, including obtaining necessary building permits and
when applicable, the approval of the Historic District Commission. Contact the City’s Building
and Inspection Services Department for more information.
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City of Muskegon
ARPA Community Grant Program Guidelines
• All work must be done by a licensed contractor, if the project involves building construction.
• Any changes in access or design to a building must strictly comply with the federal 2010
Americans with Disabilities Act design standards.
• Quarterly financial and project status reports will be required.
• Due to the federal requirements of this grant award, no time extensions will be allowed. All
funds that are not expended by this deadline must be repaid to the City of Muskegon.
• Awardee shall notify City when project is complete.
CONTRACTUAL AGREEMENT:
Applicants approved for funding will enter into a contractual agreement with the City that
outlines general obligations and reporting requirements. The awardee of an ARPA Community
Grant will be required to complete a SLFRF Beneficiary Agreement with the City. Recipients are
expected to be familiar with these requirements and be willing to comply with all terms.
Treasury considers households, communities, small businesses, nonprofits, and impacted
industries as beneficiaries of projects carried out with SLFRF funds. Consequently, if the original
Recipient of federal SLFRF funds (City) is awarding a grant to an individual or entity for the
purpose of directly benefitting the individual or entity as a result of experiencing a pandemic-
related public health impact or negative economic impact, the individual or entity is acting as a
beneficiary (grant awardee).
As a result, the City ARPA Community Grant awardee is bound to the terms and conditions stated
in the Beneficiary Agreement. This Agreement is necessary for the City to remain in compliance
with federal project and expenditure reporting requirements for SLFRF allocations to
beneficiaries.
**See example of Beneficiary Agreement as an attachment to this document.
GRANT DISBURSAL:
A disbursement of 50% of the funds will be made following Beneficiary Agreement execution and
authorization by the City Commission. Additional funds shall only be disbursed after verification
that the previous payment had been expended, in full, in accordance with the Agreement. The
final 10% of the award will be withheld until the project is completed no later than December 31,
2026.
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City of Muskegon
ARPA Community Grant Program Guidelines
ADDRESSING COMMUNITY NEED:
The pandemic caused severe economic damage and much work remains to continue building a
robust, resilient, and equitable economy in the wake of the crisis and to ensure that the benefits
of this recovery reach all citizens. While the pandemic impacted millions of American households
and businesses, some of its most severe impacts fell on low income and underserved
communities, where pre-existing disparities amplified the impact of the pandemic and where the
most work remains to reach a full recovery.
The Final Rule recognizes that the pandemic caused broad based impacts that affected many
communities, households, and small businesses across the country. The final rule describes these
as “impacted” households, communities, small businesses, and nonprofits.
At the same time, the pandemic caused disproportionate impacts, or more severe impacts, in
certain communities. For example, low income and underserved communities have faced more
severe health and economic outcomes like higher rates of COVID 19 mortality and
unemployment, often because pre-existing disparities exacerbated the impact of the pandemic.
The final rule describes these as “disproportionately impacted” households, communities, small
businesses, and nonprofits.
The City of Muskegon’s ARPA Community Grant is aimed at helping support programs and
services that affect the most impacted and disproportionately impacted households through
neighborhood associations, eligible nonprofit organizations and small businesses in our
community. Funding priority will be given to proposals intended to remove barriers for
disproportionately impacted residents who have historically experienced difficulty to accessing
these types of resources. Proposals must also support and meet the public health and economic
needs of those most impacted and address longstanding health and economic disparities
amplified by the pandemic as a result.
ELIGIBILITY:
In order for projects to be considered eligible for ARPA Community Grant funding, proposals must
meet the categories detailed above which have been specified by the U.S. Treasury Department.
Applicants are encouraged to develop proposals that would fund one-time capital initiatives or
special projects of short-term duration instead of new programs to avoid any associated long-
term operating costs. Grant funds also offer a chance to develop partnerships to address
challenges impacting the entire community.
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City of Muskegon
ARPA Community Grant Program Guidelines
In general, to identify eligible uses of funds in this category, Recipients should, (1) identify a
COVID-19 public health or economic impact on an individual or class (i.e., a group) and, (2) design
a program that responds to that impact. Responses should be related and reasonably
proportional to the harm identified and reasonably designed to benefit those impacted.
Proposals will be deemed ineligible for ARPA Community Grant funding if they involve the
following uses that are prohibited in the legislation:
• Deposits into pension funds
• Payment of legal settlements or judgements
• Matching funds for other Federal Grants
• Payment of Debt
• Deposits into Financial reserves, stabilization or rainy-day funds
Treasury provides a non-exhaustive list of permitted uses of SLFRF funds that respond to
pandemic impacts. Applicants should first consult the following links for more detailed
information:
• Coronavirus State and Local Fiscal Recovery Funds: Overview of the Final Rule – U.S.
Department of Treasury
• Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act
APPLICATION PROCESS & EVALUATION:
City neighborhood associations, eligible nonprofit organizations and small businesses that meet
the general requirements must complete an application to be considered for funding from the
ARPA Community Grant Fund. Complete applications must include answers to all questions and
be accompanied by all requested supporting documentation. Applications will be reviewed for
completeness and eligibility. Complete applications will be sent to the ARPA Community Grant
Review Committee (the Committee) for consideration. The Committee will consist of one
representative from each of the (4) City Commission Wards, (1) city staff and the City Manager.
Two representative(s) from local Community Based Organizations will also be included to act in
an advisory role only.
The Committee will rank eligible applications and send a list of recommended recipients and
grant amounts to the City Commission for final approval. The City Commission will review and
approve selected recipient applications at a Regular Meeting of the Commission. All decisions by
the Commission are final.
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City of Muskegon
ARPA Community Grant Program Guidelines
For awarded applications, city staff or city’s legal counsel will draft the ARPA Beneficiary
Agreement between the City and Awardee. City staff will provide signed documents to Awardee.
Projected investment project must be complete by December, 31, 2026, if not sooner.
Therefore, once an applicant has determined that it meets the minimum criteria for
consideration of an ARPA Community Grant, then the applicant may begin the process of formally
applying. Submit all materials at once. The application is as follows:
1. Executive Summary
a. Provide executive summary outlining why you are requesting this grant, what
outcomes you hope to achieve, and how the funds will be spent if the award is
made.
2. Purpose of Grant
a. Statement of needs/problems to be addressed; description of target population
and how your entity will benefit. The statement of need should explain how the
grant funds will help overcome the “gap” between a current process and the
desired outcome to accomplish the strategic goal/objective of the project
proposal.
b. Description of project goals and outcomes, measurable objectives, action plans,
and statements as to whether this is a new or ongoing part of the sponsoring
organization.
c. Description of the capacity or ability of the applicant to accomplish the activity it
proposes, achieve its goals, and manage the grant through qualified staff,
volunteers and administrative leadership.
d. Timetable for implementation.
e. List of other partners in the project and their roles.
f. List of similar existing projects or agencies, if any, and explain how your agency or
proposal differs, and what effort will be made to work cooperatively.
g. Description of the active involvement of constituents in defining problems to be
addressed, making policy, and planning the program.
h. Description of the qualifications of key staff and volunteers, if any, that will ensure
the success of the program. List of specific staff training needs for this project.
i. Long-term strategies for funding this project at end of grant period.
j. Describe how this request is compliant with the ARPA Final Rule.
3. Evaluation
a. Plans for evaluation including how success will be defined and measured.
b. Description of how evaluation results will be used and/or disseminated and, if
appropriate, how the project will be replicated.
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c. Description of the active involvement of constituents in evaluating the program.
4. Budget Narrative/Justification
a. Grant budget; use the Grant Budget Format that follows, if appropriate.
b. A plan (on a separate sheet) that shows how each budget item relates to the
project and how the budgeted amount was calculated.
c. A list of amounts requested of other foundations, corporations and other funding
sources to which this proposal has been submitted.
d. List of priority items in the proposed budget, in the event we are unable to meet
your full request.
5. Organization & Small Business Information
a. Brief summary of organization’s history.
b. Brief statement of organization’s mission and goals.
c. For small businesses, include the applicable federal NAICS Industry Sector Code.
d. Description of current programs, activities and accomplishments.
e. Organizational chart, including board, staff and volunteer involvement, if
available.
6. ATTACHMENTS
a. For nonprofit organizations, a copy of the current IRS determination letter
indicating 501(c)(3) tax-exempt status. For small businesses, a copy of your
business license. For neighborhood associations, proof of organization (ex. bylaws,
meeting minutes, bank account).
b. A list of Board of Directors with affiliations, if available.
c. Letters of support should verify project need and collaboration with other
organizations. (optional, but encouraged)
d. Finances:
i. A copy of the most recent IRS Form 1040, Profit or Loss Statement.
ii. Organization’s current annual operating budget, including expenses and
revenue.
iii. Most recent annual financial statement (independently audited, if
available; otherwise, attached IRS Form 990).
iv. Annual Report, if available.
v. Any other relevant supporting material.
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APPLICATION CRITERIA:
The city encourages proposals from city neighborhood associations, 501(c)(3) nonprofit
organizations and small businesses, located in the city limits, which meet the objectives of the
ARPA State and Local Fiscal Recovery Funds, and are aligned with the City of Muskegon’s Long
Term Goals and strategic priorities.
In early 2022, the City Commission established a multi-year vision (2022-2027) for the city with
selected Long Term Goals for greater focus in the coming five years. Proposed projects must be
consistent with the following goals:
• 2027 GOAL 1: DESTINATION COMMUNITY & QUALITY OF LIFE - Create an environment
that puts an emphasis on improving amenities and investing in the traits that positively
affect residents’ quality of life and attract visitors.
• 2027 GOAL 2: ECONOMIC DEVELOPMENT, HOUSING, AND BUSINESS - Create an
environment that effectively attracts new residents and retains existing residents by
filling existing employment gaps, attracting new and diverse businesses to the city, and
expanding access to a variety of high-quality housing options in Muskegon.
• 2027 GOAL 3: COMMUNITY CONNECTION - Create an environment of mutual respect and
trust between local government and the community we serve. Increase communication
with residents, workers, business owners, and visitors to inform, educate, and create
opportunities for input.
• 2027 GOAL 4: FINANCIAL INFRASTRUCTURE - Create an environment that naturally
affects the city’s revenues in a positive manner, with a focus on reclaiming city
investments in housing, nurturing startup projects proposed throughout the city, and
exploring staff recommendations related to new revenues.
The city will evaluate and select projects for funding through a multi-step process that will include
public input and transparency.
The following scoring criteria will be considered during the review of applications:
Evaluation Criteria 50 Points
Is the project eligible under the American Rescue Plan Act (ARPA)? 0 or 5
Is the project description and budget clear and well-defined? 0 or 5
Does the project include a capital expenditure? 0-5
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Does the project provide a description of structure and objectives of
the assistance program(s), including public health or negative
economic impacts experienced? OUTPUT measures 0-5
Does the project identify service outcomes for residents
disproportionately impacted by the COVID-19 pandemic (e.g.,
communities of color, people with disabilities, low-to-moderate
income residents or elders) OUTCOME measures 0-5
Brief description of recipient’s approach to ensuring that response is
reasonable and proportional to a public health or negative economic
impact of COVID-19? Use of evidence 0-5
What is the project’s sustainability (e.g., one-time v. recurring cost)? 0-5
Is the project capable of being completed within the ARPA timeline
requirements 0-5
Has applicant previously partnered with or assisted other community
organizations to provide needed services? 0-5
Is the project aligned with Commission’s 2022-2027 Long Term Goals? 0-5
PERIOD OF PERFORMANCE:
The ARPA Community Grant’s support may start no earlier than the award recommendation date
of April 26, 2023. The grant period will end December 31, 2026. Costs that are included as part
of the proposal must be for those incurred on or after March 3, 2021.
FUNDING AUTHORITY:
Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act
Coronavirus State and Local Fiscal Recovery Funds: Overview of the Final Rule – U.S. Department
of Treasury
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CONTACT:
If you are not finding answers to your questions, please email [email protected]
for assistance or contact the City of Muskegon, Development Services Division - 933 Terrace St,
Muskegon, MI 49440; 231-724-6702.
FREQUENTLY ASKED QUESTIONS
When will an application be available and when is it due?
Application period will begin March 1, 2023. Applications must be submitted on or before March
31, 2023 by Midnight. Late applications will not be accepted. The Review Committee will submit
recommendations to the Commission. The City Commission will review and make funding
decisions at the April 25th General Commission meeting. Final Commission-recommendations
announced to the public by April 26th.
For city neighborhood associations, what information must be submitted for the application?
The NA must represent an identified neighborhood within the City of Muskegon, which is
accepted as such, through the City’s Community Policing Program. They must show proof of
organization (ex. bylaws, meeting minutes, bank account). Each NA must describe their capacity
or ability to accomplish the activity it proposes, achieve its goals, and manage the grant through
qualified staff, volunteers and administrative leadership. Eligible Neighborhood Associations are
listed below.
• Angell Neighborhood Assoc.; Marsh Field Neighborhood Assoc.; Beachwood/Bluffton
Neighborhood Assoc.; McLaughlin Neighborhood Assoc.; Campbell Neighborhood Assoc.;
Nelson Neighborhood Improvement Assoc.; E. Muskegon Neighborhood Alliance; Nims
Neighborhood Assoc.; Glenside Neighborhood Assoc.; Oakview Neighborhood Assoc.;
Jackson Hill Neighborhood Assoc.; Marquette Neighborhood Assoc.; Lakeside Neighborhood
Assoc.; Sheldon Park Neighborhood Assoc.; Steele Neighborhood Assoc.
The City of Muskegon recognizes the NA’s within the City as viable and necessary to the positive
functioning of our community. Our neighborhoods help drive quality of life, as they can help
provide activities that engage residents, improve living conditions, provide social opportunities,
and positively affect crime. It is the intent of this grant program to empower eligible
Neighborhood Associations in funding basic organizational activities, as well as, assisting in their
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efforts to become more active and invest in themselves, and therefore, our City. More
information on our NA’s can be found here.
What type of projects would be permitted for neighborhood associations, under this grant?
Applicants are encouraged to develop proposals that would fund one-time capital initiatives or
special projects of short-term duration instead of new programs to avoid any associated long-
term operating costs. Grant funds are intended to empower NA’s to become more active and
invest in themselves, and therefore, our City.
Award funds shall not be spent on operations and maintenance of the NA.
For nonprofit applications, is a 501(c)(3) designation necessary to apply?
Yes. A 501(c)(3) IRS designation or tax-exempt status, for nonprofit organizations, is necessary to
apply as evidenced from a copy of a current IRS Determination Letter. The organization must also
be headquartered within the municipal boundaries of the City, as of March 3, 2021, and provide
direct services to residents. Award funds shall not be spent on operations and maintenance of
the nonprofit organization.
What type of projects would be permitted for eligible nonprofit organizations, under this
grant?
According to Treasury’s Final Rule, page 421 describes broad uses of ARPA funds including: (C)
Assistance to nonprofit organizations including programs, services, or capital expenditures,
including loans or grants to mitigate financial hardship such as declines in revenues or increased
costs, or technical assistance.
Applicants are encouraged to develop proposals that would fund one-time capital initiatives or
special projects, which affect the most impacted and disproportionately impacted households
in our community, instead of new programs to avoid any associated long-term operating costs.
The capital initiatives or special projects are to be of short duration and have a stated
outcome(s). Grant funds also offer a chance to develop partnerships to address challenges
impacting the entire community.
Award funds shall not be spent on operations and maintenance of the nonprofit organization.
What types of small businesses are eligible to apply?
The small business must meet the U.S. Small Business Administration’s small business size
standards. This is a table of size standards to help small businesses assess their business size. This
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definition of “size” aligns with the SBA definition of a small business. SBA’s Table of Size Standards
provides definitions for North American Industry Classification System (NAICS) codes, that vary
widely by industry, revenue and employment. It defines small business by firm revenue (ranging
from $1 million to over $40 million) and by employment (from 100 to over 1,500 employees). For
example, according to the SBA definition, a roofing contractor is defined as a small business if it
has annual revenues of $16.5 million or less. But an Asphalt Shingle and Coating Material
manufacturer is defined as a small business if it has fewer than 750 employees.
Those that must meet the U.S. Small Business Administration’s small business size standards. The
small business must be headquartered within the municipal boundaries of the City, as of March
3, 2021.
Applicants are encouraged to develop proposals that would fund one-time capital initiatives or
special projects, which affect the most impacted and disproportionately impacted households in
our community, instead of new programs to avoid any associated long-term operating costs. The
capital initiatives or special projects are to be of limited duration and have a stated outcome(s).
Grant funds also offer a chance to develop partnerships to address challenges impacting the
entire community.
Award funds shall not be spent on operations and maintenance of the small business.
What type of projects would be permitted for eligible small businesses, under this grant?
According to Treasury’s Final Rule, page 420 describes broad uses of ARPA funds including: 1)
Programs, services, or capital expenditures that respond to the negative economic impacts of the
COVID-19 public health emergency, including loans or grants to mitigate financial hardship such
as declines in revenues or impacts of periods of business closure, or providing technical assistance;
and (2) A program, service, capital expenditure, or other assistance that responds to
disproportionately impacted small businesses, including rehabilitation of commercial properties;
storefront and façade improvements; technical assistance, business incubators, and grants for
start-ups or expansion costs for small businesses; and programs or services to support micro-
businesses.
What are the ineligible uses of ARPA Community Grant funding prohibited under federal law?
Deposits into pension funds; Payment of legal settlements or judgements; Matching funds for
other Federal Grants; Payment of Debt; and Deposits into Financial reserves, stabilization or
rainy-day funds.
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Are faith-based organizations allowed to apply?
Yes, faith-based organizations are eligible to apply, with proof of tax-exempt status.
How will applications be submitted? What if I cannot use the on-line system?
Applications will be available and may be submitted through the City of Muskegon’s website.
This is the only way to submit applications. If you need a special accommodation, please email
[email protected] for assistance or contact the City at 231-724-6702.
Once the application is submitted online, will we receive a confirmation from the city?
Yes, once your application is submitted, there will be an email confirmation sent to the assigned
staff person. If you do not receive a confirmation, ensure all required fields have been completed,
save again, and the Submit button should pop up. Click on the Submit button and then check
your email for a confirmation. Be sure to check trash, spam, other, or junk folders.
For the budget, how do I submit the Excel document?
Use the link provided in the Application, first save or download a copy of the budget template in
Excel, then complete the budget form, and upload to the Application. The budget template is
also available on the City website for download.
Is there a weight given to certain city neighborhoods as it relates to the location of the program
proposals?
No, there will not be weight given to the neighborhood in which project is proposed to be located.
However, the Committee and City Commission will select project proposals which will be
reflective of and beneficial to all city neighborhoods.
If submitted early, would applicants have an opportunity to garner feedback on the
application?
No, applicants will not receive feedback on applications submitted.
What is a typical grant award amount, i.e., what is an appropriate funding request?
There is no typical grant award amount since each application is unique. Therefore, each
applicant must demonstrate their funding needs based upon the program goals, objectives and
outcomes as outlined in the application.
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Who is involved in the City’s ARPA Community Grant Review Committee?
Complete applications will be sent to the ARPA Community Grant Review Committee for
consideration. The Committee will consist of one representative from each of the (4) City
Commission Wards, (1) city staff, and the City Manager. Two representative(s) from local
Community Based Organizations will also be included to act in an advisory role only. The
Committee will rank eligible applications and send a list of recommended recipients and grant
amounts to the City Commission for final approval. The City Commission will review and make
funding decisions at the April 25th General Commission meeting. Final Commission-
recommendations announced by April 26th. All decisions by the Commission are final.
If funded, how will the project funds be awarded to the applicant?
A disbursement of 50% of the funds will be made following authorization by the City Commission
and execution of the Beneficiary Agreement. Additional funds shall only be disbursed after
verification that the previous payment had been expended, in full, in accordance with the
Agreement. The final 10% of the award will be withheld until the project is completed no later
than December 31, 2026.
If an application is denied, will we receive an explanation?
Although applicants will not receive an explanation of denial, they will be issued a notice letter
of non-award. Usually, denial is related to having limited funding available, so awards must be
prioritized to the most urgent community needs.
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From: [email protected]
To: City ARPA Grant; [email protected]
Subject: New submission from ARPA Grant Application
Date: Friday, March 31, 2023 9:21:02 PM
Legal Name of Organization/Business
Forrest Tax & Accounting Services LLC
Years Founded
14
Current Operating Budget
$885,354.54
Executive Director/Owner
Ashley Forrest
Address
173 W Clay Ave Muskegon MI 49440
Map It
Email
[email protected]
Phone
(231) 747-7648
Contact Person if Different from Executive Director/Owner
Julie Redding
List any previous support from the City of Muskegon in the last 5 years
Received Tax Abatement for 130 E Apple Ave Muskegon MI 49442
Project Name
From Root to Forrest
Purpose of Grant
Renovate property at 130 E Apple Ave Muskegon MI
Project Start
05/01/2023
Project End
12/29/2023
Amount Requested
$250,000.00
Total Project Cost
$250,000.00
Page 158 of 235
Geographic Area Served
Anywhere in the world
Signature, Chairperson, Board of Directors
Ashley Forrest
Date
03/31/2023
Signature, Executive Director
Ashley Forrest
Date
03/31/2023
Executive Summary
Forrest Tax & Accounting Services LLC is requesting this grant to assist in our renovation of the recently
purchased building at 130 E Apple Ave. Forrest Tax has been a family and community focused presence
in Downtown Muskegon for over a decade calling 173 W Clay Ave home.
Our goal is to provide services to an even broader demographic. In completing this project, Forrest Tax
will have the ability to serve a larger segment of our community. We will be able to have an area for
classes in financial management and teach our neighbors about the fiscal responsibilities of growing
families and how to make sound financial choices.
We would like to renovate the recently purchased building at 130 E Apple Ave (corner of Spring St &
Apple Ave) to a professional services building.
Purpose of Grant
With this grant award, it would enable Forrest Tax to facilitate the necessary one-time renovations to a
building that has remained vacant for almost a decade. As you can imagine, every facet of the interior
must be replaced or repaired as well as make the building ADA compliant.
The attached General Description of Facility includes a full explanation of all necessary renovations.
Forrest Tax is ready to expand to make our services available to a larger portion of our community by
hiring additional employees, offering internships, job shadowing and work study opportunities. The
creation of additional work space will also allow us to offer presentations and make Forrest Tax better fit
the needs of our surrounding community.
We would now be able to reach even more of our community members as the funds would provide so
much more than new plumbing and HVAC for our building. Every contractor we have on board with this
project is also a locally owned small business. Every dollar stays within West Michigan!
Currently, we have confirmed participation the following vendors:
Andy's Plumbing
Brock Star Moving Services
CAM Flooring
Custom Computer Design & Repair
Duell Electric
KHM
P&H Heating & Cooling
Westbrooke Interior
Page 159 of 235
Date
05/01/2023
Milestone/Accomplishment
Begin Phase 1 - Renovate existing offices: Electrical/HVAC/Plumbing/Flooring/Paint
Date
07/01/2023
Milestone/Accomplishment
Complete Phase 1 - Tax preparers and accountants move into their offices
Date
07/05/2023
Milestone/Accomplishment
Begin Phase 2 - Renovate existing offices: Electrical/HVAC/Plumbing/Flooring/Paint
Date
09/29/2023
Milestone/Accomplishment
Complete Phase 2 - Bookkeepers and payroll specialists move into their offices
Date
10/02/2023
Milestone/Accomplishment
Begin Phase 3 - Renovate existing space: Electrical/HVAC/Plumbing/Flooring/Paint
Date
01/02/2024
Milestone/Accomplishment
Complete Phase 3 - Customer support transition into the new building
Date
01/12/2024
Milestone/Accomplishment
Forrest Tax begins their first Tax Season in their new home
Evaluation
With over 20 years general contracting experience, our Project Manager, Richard Schelhas (KHM) has
been brought in to ensure all projects are completed in a cost effective, timely manner in compliance with
the City of Muskegon ordinance codes.
There are no plans to replicate this project.
We will be implementing a customer service survey to evaluate the new available resources.
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Budget Narrative/Justification
Grant Budget Format is attached.
All estimates and budget documentation we have available are attached.
This proposal has not been submitted to any other entities.
In the event the city cannot grant our full requested amount of $250,000.00, our top three areas of deficit
are Electrical, HVAC and Plumbing.
Plan Upload
General-Description-of-Facility.docx.pdf
130-E-Apple-Estimates.pdf
Organization & Small Business
The roots of Forrest Tax began in 2009 when Ashley Forrest used her last $550.00 to rent a space at 173
W Clay Ave and attempted to borrow $500.00 from her sister Carla for software. Carla refused her
request, stating “I’m not loaning this to you, I’m investing in you!”
As a woman of color, Ashley Forrest has broken many barriers in the Downtown area. Forrest Tax has
grown with Muskegon and alongside Downtown; increasing our staff from two to nine ethnically diverse
and multi-generational, year-round employees.
Ashley’s vision for Forrest Tax, her employees and the city she built her family and business in, has
remained steadfast and her loyalty unwavering. She continues to build relationships within the community
and works tirelessly breaking down the barriers and obstacles of being a minority owned business. She is
a woman of integrity and a celebrated example of how investing in yourself is the first step to growth and
opportunity.
Those principles are cornerstone to the success of Forrest Tax & Accounting and one of the lessons
Ashley tries to impress upon the young adults and business start up clients she works with and mentors -
invest in yourself and your community!
NAICS Code: 541213 Tax Preparation Services
Some of the services we provide include tax preparation and planning, bookkeeping, payroll, notary
services, small business consulting and IRS representation.
With her initial investment over 14 years ago, SFC Carla Agee will be onboarding her permanent position
within the company as the Director of the new Human Resources Division and Chief Operating Officer
solidifying the partnership between she and Ashley. With her logistics background, degree in human
resources and 20 years in the United States Army, SFC Carla Agee will be a great addition to the Forrest
Tax team.
This growth can only be accomplished with the added space from the building renovation at 130 E Apple
Ave.
Forrest Tax is an active member of the Better Business Bureau, National Notary Association,
QuickBooks ProAdvisor and Registered Tax Return Preparer.
2022 Service Excellence Award Winner
Muskegon Lakeshore Chamber of Commerce
2022 Transplant Award Winner
Muskegon Young Black Professionals
We are working to reintroduce many of the pre-covid fundraisers and community service projects we
were involved with: school dances, pizza parties for various classrooms, car washes, youth football
Page 161 of 235
fundraisers, organizing winter coat drives and working with not for profit organizations.
As a business that relies heavily on face-to-face interactions, we weren't sure how well, if at all, we would
continue to employ staff or even keep the doors open during the height of the Covid-19 global pandemic.
We saw first hand how much we were needed in the community. We went from preparing taxes to
learning the ins and outs of the SBA and state grants to assist our small business clients.
With closed doors, reduced hours and minimal staffing, we still tried to service as many clients as
humanly possible while working within the confines of Covid-19.
This is why it's so important to us to keep the contract work on the Lakeshore. We know the struggle and
continue to feel the effects of the stay-at-home order.
Organizational Chart
Organizational-Chart.pdf
Finances
budget.xlsx
2022-Form-1040.pdf
Budget Upload
Budget-Spreadsheet.xlsx
Page 162 of 235
From: [email protected]
To: City ARPA Grant; [email protected]
Subject: New submission from ARPA Grant Application
Date: Thursday, March 30, 2023 7:43:38 PM
Legal Name of Organization/Business
Muskegon Retirement Apartments, Inc. (MRA) d/b/a Jefferson Towers (JT)
Years Founded
1964
Current Operating Budget
Total Revenue: $712, 122.96; Total Expenses: $648,301.92
Executive Director/Owner
Bd. of Dir. President: Roy Portenga; Management Co. (Callander Commercial) Executive Dir.: Matthew
Callander
Address
1077 Jefferson St.
Map It
Email
[email protected]
Phone
(231) 722-4863
Contact Person if Different from Executive Director/Owner
Deborah Wells, On-Site Manager
List any previous support from the City of Muskegon in the last 5 years
None
Project Name
New energy efficient windows
Purpose of Grant
Purchase and installation of energy efficient windows
Project Start
09/01/2023
Project End
12/31/2024
Amount Requested
$250,000
Total Project Cost
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$468,089.28
Geographic Area Served
City of Muskegon
Signature, Chairperson, Board of Directors
Roy Portenga
Date
03/30/2023
Signature, Executive Director
Matthew Callander
Date
03/30/2023
Executive Summary
In 1964, members of the First Congregational Church in Muskegon (FCC) recognized the need for
affordable housing for seniors in the City of Muskegon and voted to establish the Muskegon Retirement
Apts., Inc. (MRA). The MRA By-Laws stated (and continue to state) the shareholders of MRA are the
members of the Governing Board of FCC and these shareholders are required to elect a 9-person MRA
Board of Directors. The original MRA Board secured a $2,535,000 HUD loan (requiring, in part, that the
residents be low-income). Construction of the MRA Jefferson Towers (JT) was completed and the first
residents moved in on December 1, 1969. The facility has 156 units (149 for residents and 7 for
storage/beauty salon/work space/etc.).
JT is located on Jefferson St. and is in the heart of the City. It has been an anchor in the neighborhood
for all these years. The complex is well-managed by Callander Commercial. (In 2019, JT received the
City's 1st Place Business Property Beautification Award.) Bottom line, JT has provided a safe, clean,
welcoming home COMMUNITY for low-income seniors for decades.
But to provide low-rent housing, JT has to run a very tight budget with some capital needs placed on the
back burner. Our primary capital need has been and remains new, energy-efficient windows. Our
windows are original; most let in wind; many let in rain. On 3-13-19, a year before the pandemic, JT
secured a quote to replace our 345 windows for $256,559. We couldn't afford it. Then the pandemic hit;
moreover, our windows further deteriorated (sadly, some residents now stuff cracks with blankets and
rags). JT secured another quote on 9-15-22: $468,089.28!! Clearly, the pandemic-related supply
chain/labor disruption and resultant inflation had its impact!
If JT is awarded the requested $250,000, the money will be spent (with other money we've saved)
forthwith on the installation of new, energy-efficient windows. This will contribute to resident health and
reduce energy costs. This will help JT maintain low rents and thereby provide affordable housing to low-
income seniors at a time when affordable housing is in crisis-mode.
JT is clearly an eligible organization for the ARPA grant. The Final Rule (FR) states a recipient (here, the
City of Muskegon) may provide assistance to the subcategories of "public health," "households," "small
businesses," "nonprofits," "impacted industries," and "public sector capacity." (FR p. 12) (The FR then
further defines each subcategory.) The City of Muskegon has chosen to give money to nonprofits, small
businesses and neighborhood associations.
First, JT meets the permitted small business subcategory. As noted above, JT is "owned" by the
members of the Governing Board of FCC; FCC is required to annually obtain (and pay for) a Business
License from the City. Moreover, the City requires JT to obtain a Business Registration for Non-Profit
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Organization, pay $2425 for Rental Registration, and obtain a Rental Certificate of Compliance every
year. JT additionally meets the FR requirements in that it has fewer than 500 employees (even when the
few employees of FCC are included), is independently owned, and is not dominant in its field of
operation.
JT also meets the non-profit subcategory. The City's ARPA Community Grant Program Guidelines FAQ
section states, "a 501(c)(3) IRS designation or tax-exempt status, for nonprofit organizations, is
necessary...." JT is a nonprofit, tax-exempt 501(c)(4) corporation.
Since the FR subcategory of "households" is further defined as "impacted households and communities,"
it's likely that the City included neighborhood associations under that subcategory. If so, it should be
pointed out that JT clearly meets all the requirements the FR lays out for assistance to this subcategory
(FR pp. 17-18). JT is a 156 unit (149 for residents) affordable housing complex serving low-income,
senior citizens (a group the Treasury presumes was impacted by the pandemic, FR p. 17), and our
requested project is new, energy efficient windows (which nicely falls within the permitted "home repair &
home weatherization" category, FR p. 18).
Purpose of Grant
Needs/Problems/Target Population/Benefit/Filling the Gap: JT's windows date from 1969; not energy
efficient; let in wind/rain to the detriment of residents' health and JT's energy costs. JT provides safe
living quarters to 149 family units (all seniors; all low-income). Benefit: (1) better health, (2) easier to
open/close---not a small thing for seniors, and (3) lower energy costs thus contributing to continued low
rents and JT's mission of providing affordable housing. The overall cost of the project is $468,089.28. JT
presently has $83,527 in reserves and $38,575 in cash at hand. Obviously, there's a gap between what
JT has and what JT needs. An ARPA grant of $250,000 (along with the funds mentioned below) will
bridge the gap.
Capacity to Accomplish: JT has an excellent board (see members below) and an excellent management
team (Callander Commercial which operates several facilities like JT). In November, 2022, JT started
receiving Project Based Voucher Housing Assistance payments (72 units are eligible) which is helping
our bottom line. We presently have $83,527 in reserves and $38,575 in cash at hand (February); with the
influx of the voucher money, we can budget additional monthly funds for the project. Consumers Power
has pledged $25,000. It is likely that we'll pay no more than 1/2 at the beginning and so, with the ARPA
grant in hand, we will be able to pay the up-front cost and budget and pay the remainder by the
anticipated finish date, which will certainly be by the ARPA-required 12-31-26 date. We have a licensed
contractor (Pella Windows and Doors by Horne---Grand Rapids office) who gave us the lowest bid in
September, 2022, and calls us regularly to ascertain a start date. This company, by the way, installed the
windows in the 1021 Building (corner of Apple and Jefferson). In short, the project easily can be
"obligated/contracted " by the required 12-31-24 start date (we anticipate a 9-1-23 start date).
Project Goals/Outcomes/Measurable Objectives/Action Plans/New vs Ongoing Part: Goal/Outcome: new
windows for the entire building; Measurable Objectives: new windows installed---easy to see and count!
Action Plan: the contractor will be contracted with to start and complete job within specific dates. New vs
Ongoing Part: JT is a long-established entity in Muskegon but the installation of windows will be a new
project.
Other Partners: Besides the JT Bd. of Directors and our management company, the other partner is this
project will be the window installation company, Pella Windows and Doors by Horne. Consumers Power
would also be a partner in that they pledged $25,000.
Similar Projects/Agencies/Cooperation: There are, of course, other affordable housing complexes in
Muskegon; most are new and not in need of new windows. But, as is well known, there are not enough of
them. This project will help insure one of the longest established affordable housing complexes will stay
in operation. As for cooperation, ironically, it was our on-site manager, Deb Wells, who recommended
Pella by Horne to the 1021 Building across the street!
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Active Involvement of Constituents: The residents constantly complain to management of the need for
new windows. The JT Board makes the decisions on which capital improvements have highest priority.
Collectively, and with management input, the Board has decided windows are our number one priority.
Qualifications of Key Staff that Will Ensure Success: Obviously, the key people in getting this project
done will be the contractor/laborers. They have done this type of work before (as noted above) and have
come with high recommendations from their previous jobs. Moreover, the JT Board actively oversees its
management team (meetings every other month; phone calls/emails in between as necessary) and the
management team includes a management member on-site who does a great job of overseeing any and
all jobs at JT.
Long-Term Strategies for Funding Project at End of Grant Period: JT's goal, with the City's help, is to
have this one-time project paid for upon completion. If there is a balance, JT will seek a new loan which
will provide funds to pay off the project. (HUD has advised that any new loan from them will have to
include funds for the replacement of all our windows; of course, this will increase the amount of the loan
and by necessity increase our rents, which we are loathe to do.)
Final Rule Compliant: Small Business Eligible: In addition to what was stated above in the Executive
Summary, FR pp. 21 and 22 requires JT to have fewer than 500 employees (true) and be independently
owned and operated and not dominant in its field (true). "Recipients (City) can identify small businesses
impacted by the pandemic, and measures to respond, in many ways; for example, recipients could
consider:...increased costs (the pandemic, as shown above, caused a $211,530.28 increase in JT's
window project!),...challenges covering...rent or mortgage, and other operating costs" (the delay in
getting the windows replaced makes our energy costs continue to be way high and difficult to cover
without raising rents, which flies in the face of JT's mission).
Nonprofit Eligible: In addition to what was stated above in the Executive Summary, JT is a pandemic
"impacted" entity in that the pandemic caused "increased costs" (compare the before-mentioned 2019
and 2022 window quotes). Additionally, JT faces "challenges covering...operating costs" (poor quality
windows cause higher energy costs)---all a required on FR p. 23. The FR goes on to state ARPA
"assistance to nonprofits that experienced negative economic impacts includes...grants to mitigate
financial hardship." (FR p. 23)
Households/Impacted Households and Communities Eligible: In addition to what was stated above in the
Executive Summary, FR p. 17 states "Treasury presumes the following households and communities are
impacted by the pandemic: low-or-moderate income households or communities." "Low-or-moderate
income households are those with (i) income at or below 300 percent of the Federal Poverty
Guidelines...or (ii) income at or below 65% of the area median income for the county...." The vast
majority, if not all, of JT's residents meet these qualifications; so the JT "community" (and think of this in
the terms of a 149 home neighborhood!) qualifies. Then p. 18 of the FR states "Treasury recognizes the
enumerated projects below...as eligible to respond to the impacts of the pandemic on households and
communities:...home repair & home weatherization." Bingo.
In short, JT meets all the requirements of all three applicable subcategories.
Date
06/01/2023
Milestone/Accomplishment
Anticipated date contract is to be signed (dependent on when the money is available).
Date
09/01/2023
Milestone/Accomplishment
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Anticipated first payment date consistent with the start-up of installation (likely 1/2 of the total price,
possibly less). ).
Date
09/01/2023
Milestone/Accomplishment
Anticipated date for start-up of actual installation.
Date
12/31/2024
Milestone/Accomplishment
Project completed (anticipated this date will be sooner if the project indeed starts on 9-1-23).
Date
12/31/2024
Milestone/Accomplishment
Balance of cost of project to be paid (again, probably sooner if the projects indeed starts on 9-1-23).
Evaluation
Plans for Evaluation: On-site manager will be observing progress daily; residents whose windows are
completed first will be questioned on quality/workmanship; upon completion, management/board
representatives will give final inspection.
How Evaluation Results Will Be Used: If there are complaints from residents whose windows are done
first, management will immediately notify the contractor with solutions worked out; once there is a positive
final inspection, the project should not have to be replicated.
Description of Active Involvement of Constituents in Evaluation: As the on-site manager can attest, JT
residents don't suffer or celebrate in silence! Regardless of whether the first windows are poor or
fabulous, there will be a line outside the on-site manager's door to tell her! Also, JT's on-site manager is
also not one to suffer in silence; she will be on the contractor's back constantly if things go awry.
Budget Narrative/Justification
Grant Budget and Plan: We will upload the quote and that should answer your questions here.
Amounts Requested of Other Sources: Other than asking politicians for general assistance in finding
funds for our affordable housing complex (with no positive results), JT has not asked for money from
foundations, corporations or other funding sources except DTE and Consumers. DTE said no and
Consumers pledged $25,000. JT has been working with HUD in renegotiating our current loan (the
original loan of $2,535,000 was paid off; a $1.5M Flex loan is the current loan).
Priority Items: If the City is unable to meet our full request, we can start the window project getting as
many windows done as possible. Of course, the nature of this project is such that the overall price will be
much better if the entire project gets completed at one time. (The logistics/cost of having heavy
equipment on site and the cheaper price-per-window with larger orders make a one-time completion way
more feasible.)
Plan Upload
Muskegon-Retirement-Apts.docx
Page 167 of 235
Organization & Small Business
Organization's History: In the mid-60's, leaders of Muskegon's First Congregational Church (FCC)
concluded affordable housing for seniors was needed in the City. A member of FCC drafted the non-profit
incorporation papers and By-Laws for the Muskegon Retirement Apartments, Inc., FCC and individual
members put up seed money; a 2.5M HUD loan was obtained (since paid off; a 1.5M HUD Flex loan was
subsequently obtained). With the money in hand, the Muskegon Retirement Apartments, Inc., built JT
and the first residents moved in on 12-1-69. JT has been operating at its present location, 1077
Jefferson, ever since.
Mission/Goals: Article II of JT's By-Laws nicely summarizes its mission as follows: "The purpose of this
corporation is to provide for elderly families and elderly persons on a non-profit basis rental housing and
related facilities and services especially designed to meet the physical, social, and psychological needs
of the aged, and contribute to their health, security, happiness, and usefulness in longer living." The HUD
loans require JT to rent to low income elderly.
NAICS Industry Sector Code: 531110
Current Programs/Activities/Accomplishments: Many! I will upload the Jefferson Towers Sun, published
every other month, which shows the incredible number of activities management plans and executes on
an ongoing basis. Suffice it to say, our primary accomplishment: JT is a safe, friendly, affordable
COMMUNITY for seniors in downtown Muskegon. As noted above, in 2019 JT was given the City's 1st
Place Business Property Beautification Award.
Organizational Chart: Per the By-Laws, the "shareholders" of the Muskegon Retirement Apartments, Inc.,
are the members of the Governing Board of First Congregational Church of Muskegon; they elect the
nine-person Board of Directors that oversees JT. The current Board of Directors consists of Roy
Portenga, Pres. (retired attorney, member of the Board of Trustees of Muskegon Community College,
past president and currently on the Governing Board of FCC, etc.), Marty Ferriby, Vice-Pres. (retired
CEO, Hackley Public Library, Muskegon, etc.), Greg Scott, Treas. (retired CEO, Pioneer Resources,
Muskegon, etc.), Sarah Rinsema-Sybenga, Secr. (Programs Manager Muskegon Area District Library;
former head of Muskegon's Encompass, etc.), Eugene Fethke (owner, Jerviss-Fethke Ins. Agency,
Muskegon), Mike Franzak (Zoning Administrator and Economic Development Planner, City of
Muskegon), Beth Carrozza (retired teacher, Muskegon Heights Public Schools), Joan Sanderlin (retired
principal, McBain Public Schools), Fred Sanderlin (retired teacher, McBain Public Schools). The JT
Board of Directors has for many years hired Callander Commercial to manage JT. Their on-site manager
is Deb Wells and her husband, Randy, is the maintenance manager. Matthew Callander, principal, and
Brian Ball are the primary, overseeing managers from Callander Commercial, 628 W. Milham, Portage,
MI 49024.
Organizational Chart
Muskegon-Retirement-Apts1.docx
Finances
Muskegon-Retirement-Apts2.docx
Budget Upload
Muskegon-Retirement-Apts3.docx
Page 168 of 235
From: [email protected]
To: City ARPA Grant; [email protected]
Subject: New submission from ARPA Grant Application
Date: Tuesday, March 28, 2023 7:39:17 AM
Legal Name of Organization/Business
Mediation & Restorative Services
Years Founded
29
Current Operating Budget
$785,855.72
Executive Director/Owner
Jackie Hallberg, LMSW
Address
27 E Clay Ave
Map It
Email
[email protected]
Phone
(231) 332-4022
List any previous support from the City of Muskegon in the last 5 years
We have had no financial support from the City of Muskegon in the last 5 years.
Project Name
Restorative Justice Youth Expansion Project
Purpose of Grant
To prevent crime and reduce school suspension/expulsion rates by increasing services in the schools
and neighborhoods located in the City of Muskegon.
Project Start
05/15/2023
Project End
06/18/2024
Amount Requested
$25,000
Total Project Cost
$25,000
Geographic Area Served
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City of Muskegon but may be replicated/expaned without additional funding into other parts of Muskegon
County
Signature, Chairperson, Board of Directors
Paul Inglis
Date
03/28/2023
Signature, Executive Director
Jackie Hallberg, LMSW
Date
03/28/2023
Executive Summary
M&RS had reduced case referral and staffing changes from COIVD that drastically impacted our budget.
We want to expand youth Restorative Justice services but are in need of a temporary, part-time staff to
do this work in the City of Muskegon. We hope to have the staff member also be a resident of the City of
Muskegon.
Our area schools are facing unprecedented challenges and our students and families are struggling to
recover from the academic and socio-behavioral development losses caused by remote learning and
isolation that occurred over the course of 2 years. Recently released test scores are highlighting some of
the struggles educators are facing due to the COVID-19 pandemic. Students are struggling to reach the
academic levels that they once achieved prior to the pandemic. 2022 NAEP Math and Reading
assessment results show that Michigan 4th and 8th grade students were performing lower than those in
2019. (Burr). Additionally, according to the National Center for Education Statistics (NCES) eighty-seven
percent of public schools reported that the COVID-19 pandemic has negatively impacted student socio-
emotional development during the 2021–22 school year. (“Press Release - More than 80 Percent of U.S.
Public Schools Report Pandemic Has Negatively Impacted Student Behavior and Socio-Emotional
Development - July 6, 2022”).
Mediation & Restorative Services has been working to build and repair relationships since 1994. M&RS
provides an alternative for the resolution of disputes and reconciliation of disputing parties; enhances
public safety and accountability by supporting victims, building competencies of offenders and promoting
reconciliation between victims, offenders, families and the community. Utilizing restorative practices in
schools and the community is at the core of our mission and has shown a reduction in youth recidivism.
M&RS is requesting $25,000 of American Rescue Plan Act monies to expand our youth services to
address the increase in need we are facing in the City of Muskegon as a direct result of the COVID-19
pandemic.
If approved, M&RS will recruit, hire and train a temporary, part-time Youth Program Coordinator who will
focus on expanding the STAY program to City of Muskegon school districts, promote other Restorative
Justice Programming, and collaborate with City of Muskegon Police Department, Churches and
Neighborhood Associations. The goal is to have the Youth Program Coordinator strengthen the
partnerships that should be in place and to launch the direct referral process in Muskegon Public Schools
and other schools that service City of Muskegon youth. .
STAY Expansion
Success Teams Assisting Youth, STAY, was established over 10 years ago to support area schools,
families and students when a student is facing long term suspension or expulsion. STAY was intended to
be a collaborative partnership between area schools, students, parents, Muskegon Family Court,
community resources and and the program is facilitated by Mediation & Restorative Services. However,
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this all was stopped due to COVID and now the only school that participates is Orchard View Schools
and the only community agency that offers services is Mediation & Restorative Services. We need a
Coordinator to reestablish these past partnerships and show value to area schools and new partners to
strengthen the value of the services offered. STAY programming can reduce or eliminate the need for
long-term suspensions and expulsions while holding youth accountable for their behavior and focused on
making safety plans to ensure their academic growth.
Suspension rates are tied to negative outcomes later in life. Being suspended once doubles the chance a
student will drop out, raising the risk to 32 percent from 16 percent, which is the dropout rate for students
who are not suspended. For those suspended two or more times, the dropout rate is 49 percent. (“Out of
School and Off Track: The Overuse of Suspensions in American Middle and High Schools — The Civil
Rights Project at UCLA”). This is just one negative outcome of suspensions and expulsions. Poor
academic achievement, increased behavioral issues, criminal involvement, lack of community
engagement and more have shown to increase as a result of some school discipline methods. STAY
works to bring all involved parties together to address the harm caused and determine a plan to return to
school reducing or eliminating the need for a long term suspension or expulsion.
School districts are increasingly working to provide appropriate disciplinary consequences for students
and supporting students while addressing the cause of behavioral challenges but often there is a
disproportionate use of out of school suspensions for black students and students with disabilities. “While
schools’ use of out-of-school suspension is declining, schools are still more than twice as likely to
suspend their Black students as their Hispanic or White students, and more than twice as likely to
suspend students with disabilities than their peers without disabilities.” (“Despite Reductions Since 2011-
12, Black Students and Students with Disabilities Remain More Likely to Experience Suspension”). It is
our goal to expand the STAY program to offer all students the opportunity to repair the harm caused by
their behaviors while reducing the amount of time they are suspended or expelled.
Restorative Justice Programming Expansion
Restorative Justice is a justice framework which acknowledges that when a person does harm, it affects
the person they hurt, the community and themselves. This concept asks the individual to repair the harm
caused by their behavior. Restorative Justice is a process in which stakeholders are all active
participants in an effort to restore victims, communities and offenders, while rebuilding relationships. Not
only is it effective in addressing crime, but the restorative philosophy can be applied to school settings,
family environments, the community or any other setting where relationships can be damaged by harmful
behavior.
Other Restorative Justice Programming and Youth Programming provided by M&RS includes Victim
Offender Mediation, Accountability Impact Panels, Truancy Mediation, Special Education Mediation,
Parent/Child Mediations, Peacemaking Circles and more. Our Youth Program Coordinator will work
diligently to promote these programs in schools, educate the City of Muskegon Police Department,
Muskegon County Courts and other youth serving areas to address increased incidents of needs in our
community.
Truancy Mediations
As a community partner of the Operation Graduation initiative through the Muskegon County
Prosecutor's Office, Mediation & Restorative Services provides truancy mediations in situations of
chronic absenteeism. These sessions can take place between the school and family or the parent and
student depending on the specifics of each case. We know that poor attendance has been a negative
impact of the pandemic. In fact, compared to a typical school year prior to the start of the COVID-19
pandemic, 72 percent of U.S. public schools reported an increase in chronic absenteeism among their
students (“Press Release - More than 80 Percent of U.S. Public Schools Report Pandemic Has
Negatively Impacted Student Behavior and Socio-Emotional Development - July 6, 2022”). Left
unaddressed, students that are chronically absent face a myriad of challenges later in life that not only
affect the student but their family and community. It is the belief of Mediation & Restorative Services that
addressing chronic absenteeism should be a collaborative approach that builds relationships for those
involved rather than just punish them. Our intent is for the Youth Program Coordinator, in coordination
with the MAISD’s Truancy Coordinator, is to promote the Truancy Mediation program within Muskegon
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Public Schools, Three Oaks Public School Academy, Muskegon Maritime Academy and any other school
in the City of Muskegon that could benefit from services offered by Mediation & Restorative Services.
As schools continue to report increased behavioral issues post pandemic, Mediation & Restorative
Services intends to expand awareness of Victim Offender Mediations to school districts within the City of
Muskegon. These sessions allow individuals involved in conflict to confidentially address the roots of the
disputes and repair the harm that has been caused. When Restorative Practices are facilitated by
community partner agencies, it alleviates the burden on school staff and allows for the use of non-biased
mediators and Restorative Justice volunteers.
Muskegon Police Department Partnership:
It is our intent to partner with Muskegon Police Department to provide diversion opportunities for youth
commuting low level offenses that allows the youth to be held accountable while potentially preventing
involvement in Juvenile Court which can escalate criminal involvement.
Funds will be used as follows:
Wage $20,160
Fringe $1,700
Cell Phone $325
Mileage $1,300
Laptop $600
Marketing $500
Supplies $415
Total $25,000
Anticipated Outcomes from ARPA Funding:
-Increased collaboration with community partners to support students facing long-term suspensions or
expulsions
-Implementation of the STAY Program by Muskegon Public Schools
-Truancy Mediation Services utilized by all schools located in the City of Muskegon
-Reducing out of school suspension and expulsion numbers
-Offer families a free option for mediation services with their child or the school
Works Cited
Burr, Alyssa. “Michigan students' declining test scores are 'clearest picture yet' of pandemic learning
loss.” MLive.com, 25 October 2022, https://www.mlive.com/public-interest/2022/10/michigan-students-
declining-test-scores-are-clearest-picture-yet-of-pandemic-learning-loss.html. Accessed 2 March 2023.
“Despite Reductions Since 2011-12, Black Students and Students with Disabilities Remain More Likely to
Experience Suspension.” Child Trends, 9 August 2021, https://www.childtrends.org/publications/despite-
reductions-black-students-and-students-with-disabilities-remain-more-likely-to-experience-suspension.
Accessed 9 March 2023.
“Out of School and Off Track: The Overuse of Suspensions in American Middle and High Schools — The
Civil Rights Project at UCLA.” UCLA Civil Rights Project, 8 April 2013,
https://civilrightsproject.ucla.edu/resources/projects/center-for-civil-rights-remedies/school-to-prison-
folder/federal-reports/out-of-school-and-off-track-the-overuse-of-suspensions-in-american-middle-and-
high-schools. Accessed 2 March 2023.
“Press Release - More than 80 Percent of U.S. Public Schools Report Pandemic Has Negatively
Impacted Student Behavior and Socio-Emotional Development - July 6, 2022.” NCES, 6 July 2022,
https://nces.ed.gov/whatsnew/press_releases/07_06_2022.asp. Accessed 2 March 2023.
Purpose of Grant
Statement of needs/problems to be addressed; description of target population and how your entity will
benefit. The statement of need should explain how the grant funds will help overcome the “gap” between
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a current process and the desired outcome to accomplish the strategic goal/objective of the project
proposal.
Mediation & Restorative Services intends to increase youth Restorative Justice Programming to support
schools, students and families in the City of Muskegon. M&RS has been providing free or low cost
restorative justice programming in Muskegon for over 20 years. As the Community Dispute Resolution
Program provider for Muskegon County, our staff and volunteers are highly trained and experienced in all
forms of conflict resolution, including restorative practices.
If granted ARPA funding to hire a Youth Program Coordinator, our organization will benefit by being
afforded the necessary resources to adequately promote and execute restorative justice cases in the City
of Muskegon. Our intent is to continue to promote and provide these services after ARPA funds have
been depleted.
Currently our staff workload is at capacity and our agency does not have the additional time and
resources needed to properly promote our youth Restorative Justice programs outside of previously
existing partnerships. ARPA grant funding would help overcome the gap in services available to youth
due to the COVID-19 pandemic. Once the relationships have been built with stakeholders, we can utilize
existing staff and/or volunteers to continue these strengthened relationships.
Description of the capacity or ability of the applicant to accomplish the activity it proposes, achieve its
goals, and manage the grant through qualified staff, volunteers and administrative leadership.
M&RS has been providing conflict resolution services in Muskegon County for 29 years and Restorative
Justice services for 20 years. Our agency currently manages multiple state and county grants that require
strict oversight and financial stewardship. It is always our intent to use all monies awarded to our agency
to benefit our clients and our community in the most meaningful ways. We have a diverse Board of
Directors and a qualified Finance Committee that meets monthly. Our Executive Director is a Licensed
Master Social Worker and our staff and volunteers are highly trained as required by the State Court
Administrative Office. Additionally we participate in annual audits to further enhance our positive fiscal
management of funds.
We are confident that our agency has the capacity and ability to execute the plans described because we
have been doing these programs for over 20 year in a reduced capacity. This grant funding will allow us
to expand services to meet the current needs based on the Covid-19 Pandemic by having a dedicated
staff person to educate key stakeholders, recruit additional volunteers, coordinate with families and
establish procedures with new partners.
Description of project goals and outcomes, measurable objectives, action plans, and statements as to
whether this is a new or ongoing part of the sponsoring organization.
It is our goal that no less than 50 STAY students will be referred resulting in less suspension and/or
expulsions for City of Muskegon residents.
It is our goal to provide Truancy related prevention services to at least 50 students from Muskegon Public
Schools, Three Oaks Public School Academy, Muskegon Maritime Academy and any other school in the
City of Muskegon that could benefit from services offered by Mediation & Restorative Services. These
services would also be offered to students attending other districts while residing in the City of Muskegon.
It is our goal that the Youth Program Coordinator will provide no less than 5 outreach efforts each week
to highlight the expansion of services to City of Muskegon residents including attending neighborhood
association meetings as appropriate.
While some of these services are currently offered by our agency, the Youth Program Coordinator will be
able to focus on increasing awareness of these alternative restorative practices, establishing
partnerships, recruiting referrals and implementation of programming specifically for students and
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families throughout the City of Muskegon. The coordinator will be able to rebuild relationships that have
not been in place for many years and we are excited to see that connection rebuilt to offer all of our
services directly to the City of Muskegon schools.
List of other partners in the project and their roles:
Muskegon Area Intermediate School District - support, staff coordination and referrals as appropriate
Orchard View Public Schools - support, guidance and referrals as appropriate
Muskegon Public Schools - referrals and coordination implementation
Muskegon County Prosecutor - support and referrals
Muskegon Police Department - support and referrals
Muskegon Sheriff Department - support and referrals
Muskegon County Juvenile Court - support, coordination and referrals
Muskegon County Juvenile Detention Center - support and referrals as appropriate
List of similar existing projects or agencies, if any, and explain how your agency or proposal differs, and
what effort will be made to work cooperatively.
We are one one of 16 mediation centers that cover the entire State of Michigan; however, we are the only
center that covers our service area, which includes Muskegon County. Other than restorative based
training some schools receive, we are the only provider focusing on Restorative Practices. We will be
working directly with youth for accountability and repair of harm services. We differ from traditional
counseling agencies or probation officers by offering a unique intervention that networks with all other
needed services providers.
Description of the active involvement of constituents in defining problems to be addressed, making policy,
and planning the program.
We meet regularly with the Muskegon County Juvenile Court to ensure we are providing appropriate and
needed services for youth. We also have ongoing communication through youth stakeholders throughout
the County with different committee meetings such as MIAlliance. Many of these youth committees have
City constituents on them and we will be going to Neighborhood Association to further hear the concerns
and needs to ensure our programming fits the needs of youth in the City. When STAY first started, all
stakeholders met to review cases and provide support. We are hopeful that with a funded position they
will be able to bring all of these key providers back to tackling these intense school youth behaviors
together. Constituents are also able to contact at our office at anytime for further information or to share
ideas or concerns.
Description of the qualifications of key staff and volunteers, if any, that will ensure the success of the
program. List of specific staff training needs for this project.
Jackie Hallberg, LMSW the Executive Director of Mediation & Restorative Services has 20 years of
mediation and Restorative Justice experience and training. She will be the direct supervisor and trainer of
this temporary position and any volunteers working with youth.
In order to work with youth, staff and volunteers must complete full background checks and attend a 6
hour Restorative Justice training. They will then observe sessions with Jackie prior to working with youth
and their families alone.
For the success of this program to expand, we are in need of a temporary staff position that will be a part-
time worker focused on coordinating all agencies that will be working with youth and their families. We
would love to see this individual be a resident or former resident of the City of Muskegon if possible. They
will be the voice of expanding direct services into schools that are housed in the City, which could lead to
Page 174 of 235
further replication to other districts with no additional expense to our center down the road. We are
flexible on their qualifications other than a High School Diploma, a positive attitude to help our youth and
be willing to attend the Restorative Justice training as soon as hired.
After the establishment and first year coordination, this program can continue to operate with volunteers
that are currently committed to our center as well as those we hope the coordinator will be able to recruit
to join us in the next year. However, if we see a significant increase in cases and need, we may be able
to find additional state funds to continue the position as our state funding is contingent on how many
cases we see each year.
Long-term strategies for funding this project at end of grant period.
All the programs mentioned for expansion already exist within our organization but our current staff and
volunteers have reached capacity and increasing awareness of these programs to reach those needing
the services is not possible. We envision the part time Youth Program Coordinator will assist with case
backlogs and to work with schools and other providers to increase services to meet the current needs.
After the awarded ARPA funds are depleted, our agency will reevaluate to determine if the level of need
still requires an additional staff and if so we will pursue other funding opportunities to maintain otherwise
we will resume execution of these programs as we did previously, before there was the increase in
demand due to COVID-19. If awarded this ARPA grant, the coordinator will assist in recruiting and
training volunteers to do this work. If our referral numbers increase significantly, we may qualify for
additional state funding to further retain this coordinator.
Describe how this request is compliant with the ARPA Final Rule.
Awarded funds will not be placed in reserves, or used to pay settlements or other judgments, nor will
funds be used to pay debts or fees related to issuing debt.
Date
05/15/2023
Milestone/Accomplishment
Officially launch Program/start interviews for coordinator position
Date
06/12/2023
Milestone/Accomplishment
Open to referrals and establish monthly stakeholder meeting schedule
Date
08/14/2023
Milestone/Accomplishment
Fully institute school referrals, attended all Neighborhood Associations
Date
10/20/2023
Milestone/Accomplishment
Restorative Justice Volunteer/Community Training Completed
Date
Page 175 of 235
12/28/2023
Milestone/Accomplishment
End of calendar year evaluation and updates to stakeholders
Date
03/24/2023
Milestone/Accomplishment
Additional Restorative Justice Volunteer/Community Training Completed
Date
06/18/2024
Milestone/Accomplishment
Final evaluation and report of success, end of coordinator funded position
Evaluation
Continuous evaluation will happen with key stakeholders as we mold and redefine the programming.
Monthly metrics will be reported to include numbers of youth referred to programming, number of youth
successfully participating, number of youth that met with the victim of their crime and number of youth
days recovered from suspension due to programming. Evaluation results will be sent to all key
stakeholders at the end of the 23-24 School Year. This will be in a written program report focused on
successes and growth opportunities to replicate in other districts.
Youth data will be obtained from both Muskegon County Juvenile Court, area schools and/or the MAISD.
Stakeholders will be asked if further evaluation criteria is needed for their records. Monthly updates will
be sent to stakeholders for continual review of the implementation of services.
Once services are established in the City of Muskegon schools, we will be able to maintain this program
through volunteers. If other schools outside of the City are interested in replication, we will already have
the full coordination plan established so cost to our center will be minimal after the grant ends
Presentations to the City Commission and constituents will be scheduled as appropriate, including a final
presentation after the end of the first calendar year to allow for proper implementation and outcome
tracking.
Budget Narrative/Justification
Attached is the proposed budget using all $25,000 to fund and support a temporary, part-time worker to
work completely on increasing youth services for City of Muskegon residents and schools. There will be
no direct funding that goes into our agency and we are not charging for space for this position. The
$25,000 will cover wage and fringe benefits for up to 20 hours a week for 13 months. Other charges
include mileage, laptop, phone stipend for the work as well as other office supplies and marking material
to enhance the referral process.
Money has not been requested from other funders at this time as we do not have staff capacity to
increase without this grant.
The priority for this grant is the salary and fringe benefits costs.
It should be noted that our Operating Budget includes the EXIT Program which amounts to a majority of
the operating costs of our agency. This funding is strictly allocated for adult felony convicted individuals
and prohibited from being used to support any of our other programming, including youth restorative
justice services.
Page 176 of 235
Plan Upload
MRS-ARPA-Grant-Budget.pdf
Organization & Small Business
Our History:
Mediation & Restorative Services began as a program in 1994 with the name Muskegon County Dispute
Resolution Center (MCDRC) under the umbrella of the Muskegon County Cooperating Churches
In 1994 we were re-named the Westshore Dispute Resolution Center. Our service area grew to include
Oceana, Mason and Manistee Counties. Our Articles of Incorporation were filed and we became a
501(c)3 on July 26th, 1994.
In 2000 we became a United Way of the Lakeshore partner agency
In 2002 the first Restorative Justice mediation was conducted
December 2010 our name was changed to Mediation & Restorative Services to better reflect our service
programs
In 2017, Mediation & Restorative Services acquired the EXIT program, a jail reentry program serving
justice involved citizens
Mission Statement: It is the mission of Mediation & Restorative Services to create a restorative
community by providing conflict resolution through facilitation, mediation and training.
Vision Statement: It is the vision of Mediation & Restorative Services that all conflicts be resolved in a
manner that is effective, respectful and restores relationships.
DEI Statement: Mediation & Restorative Services values diversity, equity and inclusion. We are
committed to respecting and welcoming every person and strive to have staff, volunteers and board
members that are a reflection of our ever-evolving communities.
Our dispute resolution centered programs offer mediation for those in conflict with one or more other
parties. We are one of 16 mediation centers throughout the State of Michigan. COVID changed the way
mediation occurred and we were able to successfully launch all mediation and restorative services
virtually. We were able to assist the Muskegon County District Court in their onslaught of eviction cases
by providing volunteer mediators to facilitate their pre-trial diversion hearings.
The restorative justice programs we currently offer include Victim Offender Mediation, Accountability
Panels, Adult Diversion Services and the STAY Program to assist youth in having less days out of school
followed by a behavior resulting in an long-term suspension or expulsion. The STAY Program is currently
only utilized in Orchard View Schools. During COVID we saw a drastic reduction in all of our RJ
programming which also reduced our State grant, our United Way grant and cut all of our fee for service
revenue. In 2022 we had a 96% success rate of youth attending our programming not committing another
criminal offense which Muskegon Juvenile Court was very pleased with.
Our EXIT Program is an opportunity for adult felony convicted individuals to have educational,
employment and life skills to help with a smooth transition back into the community after time housed at
the Muskegon County Jail. We would love to work the EXIT Program out of business when less youth are
justice involved.
Organizational Chart
MPS-Letter-of-Support-for-MRS.pdf
OV-Letter-of-Support-for-MRS.pdf
Page 177 of 235
Muskegon-Prosector-Letter-of-Support-for-MRS.pdf
MAISD-Letter-of-Support-for-MRS.pdf
IRS-Letter-Tax-Exempt.pdf
MRS-Organizational-Chart-March-2023.pdf
Finances
MRS-Tax-Return.pdf
MRS-2022-PL-Standard.pdf
MRS-Budget-2023.pdf
Mediation-Restorative-Services-12-31-21-Financial-Statement-FINAL.pdf
Budget Upload
MRS-ARP-004-Community-Grant-Budget.pdf
Page 178 of 235
From: [email protected]
To: City ARPA Grant; [email protected]
Subject: New submission from ARPA Grant Application
Date: Friday, March 31, 2023 4:07:41 PM
Legal Name of Organization/Business
HBCU Club of Muskegon LLC
Years Founded
2
Current Operating Budget
50,000
Executive Director/Owner
Tarra Carson
Address
754 Orchard Ave
Map It
Email
[email protected]
Phone
(231) 736-2037
Contact Person if Different from Executive Director/Owner
n/a
List any previous support from the City of Muskegon in the last 5 years
none
Project Name
HBCU Club Movement 101
Purpose of Grant
College preparation services, college tours
Project Start
07/01/2023
Project End
06/30/2024
Amount Requested
75, 000
Total Project Cost
75, 000
Page 179 of 235
Geographic Area Served
Serving students grade 7th-College in the city of Muskegon and surrounding areas
Signature, Chairperson, Board of Directors
Tarra Carson
Date
03/31/2023
Signature, Executive Director
Tarra Carson
Date
03/31/2023
Executive Summary
The HBCU Club members will enhance their self-esteem through positive goal setting, future career
planning, and building a network of mentoring support systems. This program will uplift, rebuild and foster
positive relationships while empowering a young scholar's participation.
Purpose of Grant
This HBCU Club program is intended to assist young scholars to become active, positive role models,
decision makers, and assist to become responsible, young adults. It will also teach the importance of
self-awareness, self-sufficiency, and financial literacy. The program is also focused on learning basic
skills, professional development, job retention, and resume/interviewing processes.
The purpose of the HBCU Club is to support the volunteers, contract workers, and curriculum for
preparation for college and professional development. This will ensure that assessments, workshops,
and all required programs are met for the student's HBCU Preview signing day at the end of the program.
The goal is to learn the history of HBCUs and gain knowledge and opportunities to attend college.
The HBCU Club program has partnerships with the following businesses and organizations: Muskegon
Community Education Center, Community Encompass YEP program, Boys and Girls Club Muskegon
Lakeshore, Infinity Solutions LLC, Solutions Learning Center Foundation, Michigan Works, and Michigan
Department of Treasury, Office of Student Aid.
The HBCU Club program is a commitment to Diversity, Equity & Inclusion recognizing that diversity is a
critical aspect of developing and growing the organization. Using DEI, allows fair opportunities to use
other cultures to empower growth within our strategic plan.
The HBCU Club is a small Black-owned business within the city of Muskegon serving all youth.
Date
07/01/2023
Milestone/Accomplishment
HBCU Club Registration for the 2023-2024 school year
Date
08/26/2023
Page 180 of 235
Milestone/Accomplishment
HBCU Club Meet n Greet Meeting/ Review program expectations
Date
09/23/2023
Milestone/Accomplishment
HBCU Club Movement 101 Monthly program meetings September 2023-March 2024
Date
10/28/2023
Milestone/Accomplishment
HBCU Club of Muskegon 2024 HBCU College Tour Informational Meeting
Date
04/01/2024
Milestone/Accomplishment
HBCU Club 2024 College Tour April 1-5, 2024
Date
05/19/2024
Milestone/Accomplishment
HBCU Club Annual Preview Day Awards Ceremony
Date
06/08/2024
Milestone/Accomplishment
HBCU Club of Muskegon Summer Picnic
Evaluation
All monthly HBCU Club program evaluations will be documented and conducted through monthly surveys
for program improvement to students, volunteers, and vendors.
Budget Narrative/Justification
Total Proposed Grant Budget- $75, 000
$15,000- program supplies, materials, venue fees, postage, monthly meals, and supplies,
telecommunications, flyers, business cards, radio ads, and newspaper ads.
$50,000- 2024 HBCU College Tour- Based on 35 students- charter bus transportation, hotels fee, all
meals, tourist attractions, sporting events, museums, and souvenirs. PRIORITY ITEM
$10,000- HBCU Club Annual Preview Awards Day- decorations, catering, guest speaker, HS senior
awards, music entertainment and venue.
Plan Upload
2023-2024-HBCU-Club-of-Muskegon-budget.pdf
Page 181 of 235
Organization & Small Business
Mission Statement
Our mission for the HBCU Club of Muskegon is to empower and encourage scholars grade 7th-12th high
school and college students for college preparation, advising, and collaboration with community
resources to their parents and/or guardians in the West Michigan area.
Vision
The HBCU Club of Muskegon will challenge young scholars to become active, positive role
models, and decision-makers, and assist in their transition to become responsible young adults. The
HBCU Club of Muskegon will focus on the foundation of Historical Black Colleges and Universities.
Purpose/Current Programs
The HBCU Club of Muskegon will assist scholars who are participating in the club with the admission
process, financial aid/scholarship information, SAT preparation, Residential/Greek Life, education
assistance, college prep tours, financial literacy workshops, life skills, team building activities, and
community mental health resources partnership. The HBCU Club of Muskegon members will enhance
their self-esteem through positive goal setting, future career planning, and building a network of
mentoring support systems. The HBCU Club of Muskegon will uplift, rebuild, and foster positive
relationships while empowering our young scholars to pursue their goals.
Goals
1. To assist scholars with receiving academic guidance from their HBCU Advisors.
2. To increase the academic achievement of our club members in school.
3. To engage in interpersonal relationships with their peers, parents/guardians, teachers, and other
adults in their lives.
4. To create successful partnerships with the community, businesses, and organizations in the West
Michigan region.
5. To participate in cultivating Historically Black Colleges and Universities college tours yearly.
Organizational Chart
HBCU-Club-of-Muskegon-Advisory-Board.pdf
Finances
2022-Taxes-Information.pdf
Budget Upload
2023-2024-HBCU-Club-of-Muskegon-budget1.pdf
Page 182 of 235
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 13, 2024 Title: DDA Liquor License - Muskegon Brewing
Company, 500 Adelaide Circle, Floors 2&3
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Muskegon Brewing Company is requesting a Downtown Development Authority On-Premise Liquor
License for the building at 500 Adelaide Circle (floors 2 &3). The Liquor Control Commission allows for
additional liquor licenses within Downtown Development Authority Districts under certain conditions.
This request was previously approved with an incorrect address, which was previously listed as 1204 W
Western Ave.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Key Focus Area - Improved access to the waterfront
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
To approve the Downtown Development Authority On-Premise Liquor License for the building at 500
Adelaide Circle, Floors 2 & 3.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads X
Communication
Legal Review
Page 183 of 235
Page 184 of 235
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
RESOLUTION NO. _________
A resolution concerning the issuance of a Downtown Development Authority District On-Premises
Liquor License pursuant to 436.1521a(1)(b) of the Michigan Compiled Laws.
The City Commission of the City of Muskegon hereby RESOLVES:
Recitals
1. Muskegon Brewing Company has applied for a Class C Downtown Development Authority
District On-Premises Liquor License for the premises at 500 Adelaide Circle, floors 2 & 3,
Muskegon, MI 49440, which is located within an area established by the City Commission as a
redevelopment project area pursuant to 436.1521a(1)(b) of the Michigan Compiled Laws.
2. It is required that the City Commission approve a specific applicant, at a specific location “ABOVE
ALL OTHERS”.
3. This resolution was approved at the regular meeting of the City Commission on February 13, 2024.
City Commission Findings
The City Commission is satisfied that:
1. That the applicant has sufficiently demonstrated a commitment for a capital investment of not less
than $75,000 for the build-out and improvements of the building that will house the licensed
premises, which amounts shall be expended before the issuance of the license.
2. That the licensed business shall be engaged in dining, entertainment or recreation, that is open to
the general public, with a seating capacity of not less than 50 persons.
NOW, THEREFORE, THE CITY COMMISSION RESOLVES:
The City Commission deems it to be in the best interest of the City of Muskegon to approve the
application of Muskegon Brewing Company, for a Class C license under the Downtown
Development Authority District On-Premises Liquor License for the premises at 500 Adelaide
Circle, Floors 2 &3, Muskegon, MI 49440, pursuant to 436.1521a(1)(b) of the Michigan Compiled
Laws, and recommends to the Michigan Liquor Control Commission the issuance of said requested
license “ABOVE ALL OTHERS”.
Adopted this 13th day of February, 2024.
AYES: ______________________________________________________
NAYES: ______________________________________________________
ABSENT: ______________________________________________________
Page 185 of 235
By: ________________________
Ken Johnson
City Mayor
By: ________________________
Ann Meisch, MMC
City Clerk
Page 186 of 235
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 13, 2024 Title: Allocate City ARPA Funds for New Fire Truck
Submitted by: Timothy Kozal, Public Safety Department: Public Safety
Director
Brief Summary:
The city currently has $435,133.40 in uncommitted ARPA funds. The Fire Department is requesting to
use the remaining ARPA funds to go towards a new fire truck which totals $972,276.00.
Detailed Summary & Background:
At the 11/14/23 commission meeting, the commission approved for the Fire Department to enter into
a purchase agreement with CSI Emergency Apparatus LLC for a 2023 Spartan Star pumper for
$972,276.00. This pumper will replace Engine 25, a 2010 Spartan Metro Star with 137,043 miles. The
mandatory replacement for frontline fire apparatus is 15 years. The expected delivery date of this
purchase is approximately 600 days or June of 2025.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Action Item 2022 – 4.1 Identify specific major capital projects across all departments
Amount Requested: Budgeted Item:
$435,133.40 Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
State Fund #482 Yes No N/A
Recommended Motion:
Allocate the remaining city ARPA funds of $435,133.40 to the purchase of a 2023 Spartan Star from
CSI Emergency Apparatus LLC.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Page 187 of 235
Legal Review
Page 188 of 235
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 13, 2024 Title: DWRF Bonding Capacity Notice
Submitted by: Kenneth Grant, Finance Director, Department: Public Works
Dan VanderHeide, Public Works Director
Brief Summary:
This Resolution authorizes the publication of a Notice of Intent relating to the City’s Bonds
to be issued through the DWSRF.
Detailed Summary & Background:
The enclosed Resolution and Notice indicate the City’s intent to issue Water Supply System Revenue
Bonds in an amount not to exceed $30,000,000 to pay the cost to acquire, construct,
furnish and equip improvements to the Water Supply System of the City (the “System”), including
distribution system improvements, replacement of water mains and lead service lines and treatment
plant improvements, together with all related appurtenances and attachments (the“Project”).
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Sustainability in financial practices and infrastructure
Goal/Action Item:
Action Item 2022 – 4.2 Take advantage of external revenue sources
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
Staff recommends that the Commission approve the Resolution and Notice to indicate the City’s
intent to issue Water Supply System Revenue Bonds in an amount not to exceed $30,000,000 to pay
the cost to acquire, construct,
furnish and equip improvements to the Water Supply System of the City (the “System”).
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Page 189 of 235
Technology
Other Division Heads X
Communication
Legal Review X
Page 190 of 235
MICHIGAN
Founded in 1852 ILLINOIS
by Sidney Davy Miller NEW YORK
OHIO
WASHINGTON, D.C.
CANADA
CHINA
PATRICK F. MCGOW Miller, Canfield, Paddock and Stone, P.L.C. MEXICO
TEL (313) 496-7684 150 West Jefferson, Suite 2500 POLAND
FAX (313) 496-8450 QATAR
Detroit, Michigan 48226
E-MAIL [email protected]
TEL (313) 963-6420
FAX (313) 496-7500
www.millercanfield.com
February 6, 2024
Mr. Ken Grant
Finance Director
City of Muskegon
933 Terrace Street
Muskegon MI 49443-0536
Re: City of Muskegon
Water Supply System Junior Lien Revenue Bonds - DWSRF Projects
Dear Ken:
As we discussed a few weeks ago, I have enclosed a Notice of Intent Resolution for
consideration by the City Commission at its meeting on February 13th. This is the next step in the
financing process that began last year when the City approved and submitted its applications for
funding Water Supply System improvements through the Michigan Finance Authority’s (“MFA”)
Drinking Water State Revolving Fund Program (“DWSRF”).
This Resolution authorizes the publication of a Notice of Intent relating to the City’s Bonds
to be issued through the DWSRF. The Bonds will be sold to the MFA and may be issued in 20 or
30 principal installments at the FY 2024 interest rate of 2.00%.
The enclosed Resolution and Notice indicate the City’s intent to issue Water Supply
System Revenue Bonds in an amount not to exceed $30,000,000 to pay the cost to acquire,
construct, furnish and equip improvements to the Water Supply System of the City (the “System”),
including distribution system improvements, replacement of water mains and lead service lines
and treatment plant improvements, together with all related appurtenances and attachments (the
“Project”).
The City’s 2024 DWSRF Project is estimated to be in the amount of $10,878,000, including
$10,000,000 for lead service line replacements and $878,000 for Nims tank coating. Of that
amount, approximately 51% will be paid with grants and principal forgiveness, and 49% loan
funding.
It is expected that the City will issue several series of Bonds over the next few years through
the DWSRF to finance Water Supply System improvements, and the amount in the Notice of Intent
Resolution is sized to cover the cost of the Water Projects over the next few years. The City’s
previous Notice of Intent Resolution which was approved in 2020 was for an amount not to exceed
Page 191 of 235
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
Mr. Ken Grant -2- February 6, 2024
$20,000,000, which covered the financings in 2020, 2022 and 2023, with approximately
$5,303,505 remaining under that prior authorization.
The proceeds of the Bonds may be used to pay for the construction of the Project as well
as reimburse the City for the engineering, design and other preliminary costs related to the Project.
The Bonds will also be used to pay issuance costs related to the Bonds. The Notice provides that
the City will pledge the net revenues of the System as security for the Bonds. In addition, the City
has the ability to pledge its limited tax full faith and credit as security for the Bonds or pledge its
state revenue sharing, if necessary, in order to satisfy MFA’s investment grade credit requirements.
The City intends to pay the debt service solely from the user charges of the City’s Water Supply
System. The EGLE will require the Bonds to be sized based on the actual bids and costs after the
bids have been received, plus a 6% contingency.
The Revenue Bond Act requires the City to notify the electors of the City of its intent to
issue the Bonds by publishing a notice which gives the voters a referendum right on the issuance
of the Bonds. The Bonds can be issued without a vote of the City electors unless a petition is filed
with the City Clerk within 45 days of publication of the notice signed by at least 10% of the
registered electors of the City. The form of Notice of Intent is included in the Resolution as Exhibit
A. The Notice of Intent must be published as a display advertisement at least one-quarter
(1/4) page in size in a newspaper of general circulation in the City.
Paragraph 4 of the Resolution contains language which authorizes the City to reimburse
itself from Bond proceeds for certain costs relating to the Project incurred prior to issuance of the
Bonds, including costs for engineering and design. The language of the Resolution is taken from
the IRS regulations and, not surprisingly, it therefore reads as tax jargon. This is intended to
provide you with flexibility relating to the use of the Bond proceeds if you spend money on Project
costs before the Bond closing.
If approved by Commission and the Notice of Intent is published shortly thereafter, the 45
day referendum period will expire in early April. The City’s Project is currently in the
MFA/EGLE’s Quarter 3.5 Financing Pool which requires construction bids to be received by late
May in anticipation of EGLE approval on June 26th with the loan closing on July 17th. The City
Commission will be asked to approve a Bond authorizing ordinance in late May/early June
(probably June 11th meeting) to authorize the financings.
We would appreciate receiving three (3) certified copies of the Resolution upon adoption
by the City Commission as well as three (3) Affidavits of Publication from the newspaper in which
the Notice of Intent is published. Please remind the newspaper that the Notice must be a
quarter page ad.
Page 192 of 235
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
Mr. Ken Grant -3- February 6, 2024
If you or anyone copied have any questions, please do not hesitate to contact me.
Very truly yours,
MILLER, CANFIELD, PADDOCK AND STONE, P.L.C.
By:
Patrick F. McGow
Enclosure
cc: Jonathan Seyferth
LeighAnn Mikesell
Dan Vanderheide
Barbara Marczak
Warren Creamer
Stacey Mills
41726618.1/063684.00060
Page 193 of 235
NOTICE OF INTENT RESOLUTION
WATER SUPPLY SYSTEM REVENUE BONDS
(DRINKING WATER STATE REVOLVING FUND PROJECT)
___________________________________
CITY OF MUSKEGON
County of Muskegon, State of Michigan
___________________________________
Minutes of a regular meeting of the City Commission of the City of Muskegon, County of
Muskegon, State of Michigan, held on February 13, 2024, at 5:30 p.m., prevailing Eastern Time.
PRESENT: Members _________________________________________________________
__________________________________________________________________
ABSENT: Members__________________________________________________________
The following preamble and resolution were offered by Member: __________________
and supported by Member: ____________________:
WHEREAS, the City of Muskegon, County of Muskegon, State of Michigan (the “City”),
has determined that it is necessary for the public health, safety and welfare of the City to acquire,
construct, furnish and equip improvements to the Water Supply System of the City (the “System”),
including distribution system improvements, replacement of water mains and lead service lines,
pump station and water filtration plant improvements, together with all related appurtenances and
attachments (the “Project”); and
WHEREAS, the City has been advised by the Michigan Department of Environment, Great
Lakes and Energy (“EGLE”) that financial assistance to accomplish the acquisition and
construction of all or a portion of the Project is available through the Drinking Water State
Revolving Fund (“DWSRF”) loan program administered by the EGLE and the Michigan Finance
Authority; and
WHEREAS, the City has made application for participation in the DWSRF loan program;
and
WHEREAS, the Revenue Bond Act, Act 94, Public Acts of Michigan, 1933, as amended
(“Act 94”), provides a means for financing the purchase, acquisition, construction, improvement,
enlargement, extension and repair of public improvements such as the Project through the issuance
of revenue bonds; and
WHEREAS, the issuance of bonds payable from revenues of the System under Act 94 in a
total amount not to exceed Thirty Million Dollars ($30,000,000) (the “Bonds”) for the purpose of
financing all or part of the Project represents the most practical means to that end; and
WHEREAS, a notice of intent to issue revenue bonds must be published before the issuance
of the Bonds in order to comply with the requirements of Section 33 of Act 94; and
WHEREAS, the City intends at this time to state its intentions to be reimbursed from
Page 194 of 235
proceeds of the Bonds for any expenditures undertaken by the City for the Project prior to issuance
of the Bonds.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Clerk is authorized and directed to publish a notice of intent to issue bonds
in the Muskegon Chronicle, a newspaper of general circulation in the City.
2. The notice of intent shall be published as a display advertisement not less than one
quarter (1/4) page in size in substantially the form attached to this resolution as Exhibit A.
3. The City Commission does hereby determine that the foregoing form of Notice of
Intent to Issue Bonds, and the manner of publication directed, is adequate notice to the electors of
the City and users of the System, and is the method best calculated to give them notice of the City’s
intent to issue the Bonds, the purpose of the Bonds, the security for the Bonds, and the right of
referendum of the electors with respect thereto, and that the provision of forty-five (45) days within
which to file a referendum petition is adequate to insure that the City’s electors may exercise their
legal rights of referendum, and the newspaper named for publication is hereby determined to reach
the largest number of persons to whom the notice is directed.
4. The City makes the following declarations for the purpose of complying with the
reimbursement rules of Treas. Reg. § 1.150-2 pursuant to the Internal Revenue Code of 1986, as
amended:
(a) As of the date hereof, the City reasonably expects to reimburse itself
for the expenditures described in (b) below with proceeds of debt to
be incurred by the City.
(b) The expenditures described in this paragraph (b) are for the costs of
acquiring the Project which were paid or will be paid subsequent to
sixty (60) days prior to the date hereof from the Water Supply
System funds of the City.
(c) The maximum principal amount of debt expected to be issued for
the Project, including issuance costs, is $30,000,000.
(d) A reimbursement allocation of the expenditures described in (b)
above with the proceeds of the borrowing described herein will
occur not later than 18 months after the later of (i) the date on which
the expenditure is paid, or (ii) the date the related Project are placed
in service or abandoned, but in no event more than three (3) years
after the original expenditure is paid. A reimbursement allocation
is an allocation in writing that evidences the City’s use of the
proceeds of the debt to be issued for the Project to reimburse the
City for a capital expenditure made pursuant to this resolution.
2
Page 195 of 235
5. Miller, Canfield, Paddock and Stone, P.L.C. is hereby confirmed as Bond Counsel
to the City in connection with the issuance of the Bonds.
6. MFCI, LLC. is hereby confirmed as the registered municipal advisor to the City in
connection with the issuance of the Bonds.
7. All resolutions and parts of resolutions insofar as they conflict with the provisions
of this resolution be and the same hereby are rescinded.
AYES: Members:_________________________________________________________
_________________________________________________________________
NAYS: Members:_________________________________________________________
RESOLUTION DECLARED ADOPTED.
__________________________________________
Ann Marie Meisch, MMC
City Clerk
I hereby certify that the attached is a true and complete copy of a resolution adopted by the City
Commission of the City of Muskegon, County of Muskegon, State of Michigan, at a regular
meeting held on February 13, 2024, and that public notice of the meeting was given pursuant to
and in full compliance with Act No. 267, Public Acts of Michigan, 1976 and that minutes of the
meeting were kept and will be or have been made available as required by the Act.
__________________________________________
Ann Marie Meisch, MMC
City Clerk
3
Page 196 of 235
EXHIBIT A
NOTICE TO TAXPAYERS AND ELECTORS OF THE
CITY OF MUSKEGON AND TO USERS OF THE
CITY’S WATER SUPPLY SYSTEM
OF INTENT TO ISSUE REVENUE BONDS AND THE
RIGHT OF REFERENDUM RELATING THERETO
PLEASE TAKE NOTICE that the City Commission of the City of Muskegon, Muskegon
County, Michigan, intends to issue and sell revenue bonds pursuant to Act 94, Public Acts of
Michigan, 1933, as amended, in one or more series in a total amount not to exceed Thirty Million
Dollars ($30,000,000), for the purpose of paying all or part of the cost to acquire, construct, furnish
and equip improvements to the Water Supply System of the City (the “System”), including
distribution system improvements, replacement of water mains and lead service lines, pump station
and water filtration plant improvements, together with all related appurtenances and attachments.
SOURCE OF PAYMENT OF REVENUE BONDS
THE PRINCIPAL OF AND INTEREST ON THE REVENUE BONDS SHALL BE
PAYABLE from the revenues received by the City from the operations of the Water Supply
System except as provided below in the case of bonds sold to the Michigan Finance Authority in
connection with the State of Michigan’s Drinking Water State Revolving Fund program. The
revenues will consist of rates and charges billed to the users of the system, a schedule of which is
presently on file in the office of the City Clerk. The rates and charges may from time to time be
revised to provide sufficient revenues to provide for the expenses of operating and maintaining the
system, to pay the principal of and interest on the bonds and to pay other obligations of the system.
BOND DETAILS
THE REVENUE BONDS will be payable in annual installments not to exceed thirty (30)
in number and will bear interest at the rate or rates to be determined at public or private sale but in
no event to exceed such rates as may be permitted by law on the unpaid balance from time to time
remaining outstanding on the bonds.
ADDITIONAL SOURCES OF PAYMENTS FOR BONDS
SOLD TO MICHIGAN FINANCE AUTHORITY
IN THE EVENT THAT THE REVENUE BONDS ARE SOLD TO THE MICHIGAN
FINANCE AUTHORITY, THE CITY MAY PLEDGE FOR THE PAYMENT OF THE BONDS
MONEY RECEIVED OR TO BE RECEIVED BY THE CITY DERIVED FROM IMPOSITION
OF TAXES BY THE STATE AND RETURNED OR TO BE RETURNED TO THE CITY AS
PROVIDED BY LAW, except for money the use of which is prohibited for such purposes by the
State Constitution. The City may enter into an agreement providing for the payment of taxes,
which taxes are collected by the State and returned to the City as provided by law, to the Michigan
Finance Authority or a trustee, and such funds may be pledged for the payment of the revenue
bonds.
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IN THE EVENT THAT THE REVENUE BONDS ARE SOLD TO THE MICHIGAN
FINANCE AUTHORITY, THE CITY MAY PLEDGE ITS LIMITED TAX FULL FAITH AND
CREDIT AS SECURITY FOR THE REVENUE BONDS, IN WHICH EVENT DEBT SERVICE
ON THE BONDS SHALL BE PAYABLE EITHER FROM REVENUES OF THE SYSTEM OR
FROM AD VALOREM TAXES THAT MAY BE LEVIED ON ALL TAXABLE PROPERTY
IN THE CITY, SUBJECT HOWEVER, TO CONSTITUTIONAL, STATUTORY AND
CHARTER TAX RATE LIMITATIONS.
RIGHT OF REFERENDUM
THE REVENUE BONDS WILL BE ISSUED WITHOUT A VOTE OF THE ELECTORS
UNLESS A PETITION REQUESTING SUCH A VOTE SIGNED BY NOT LESS THAN 10%
OF THE REGISTERED ELECTORS OF THE CITY IS FILED WITH THE CITY CLERK
WITHIN FORTY-FIVE (45) DAYS AFTER PUBLICATION OF THIS NOTICE. IF SUCH
PETITION IS FILED, THE BONDS MAY NOT BE ISSUED WITHOUT AN APPROVING
VOTE OF A MAJORITY OF THE QUALIFIED ELECTORS OF THE CITY VOTING
THEREON.
THIS NOTICE is given pursuant to the requirements of Section 33, Act 94, Public Acts of
Michigan, 1933, as amended.
ADDITIONAL INFORMATION will be furnished at the office of the City Clerk upon
request.
Ann Marie Meisch, MMC
City Clerk, City of Muskegon
41726599.1/063684.00060
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 13, 2024 Title: Acquisition of Vacant Lot at 748 Catherine
for Infill Housing from Muskegon Land Bank -
Tabled on 1/23/2024
Submitted by: Jake Eckholm, Development Department: Economic Development
Services Director
Brief Summary:
This lot recently had a grant funded demolition of a derelict home by the Muskegon County Land
Bank. Rather than see it sold privately to expand a lawn or sit vacant and sporadically maintained,
we would like to proactively acquire it for future phases of City-led infill housing.
Detailed Summary & Background:
We have recently been working to strengthen ties with the Muskegon County Land Bank Authority
and as a result of this we have a great system in place where we are notified of potential lots that
may benefit our urgent housing need. This lot was recently added to the inventory for the Land Bank
after a long-vacant home was demolished using State Land Bank grant dollars. As we finish out ARPA
Infill Housing we will be making recommendations on continued builds as part of a broader housing
strategy, and continuing our budgeted property acquisition will benefit all aspects of that.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Diverse housing types
Progress toward completion of ongoing economic development projects
Goal/Action Item:
Action Item 2022 – 2.3 Increase variety of housing types
Amount Requested: Budgeted Item:
$3500 Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Public Improvement Fund Yes No N/A
Recommended Motion:
Approve the purchase of the vacant lot at 748 Catherine for the sum of $3,500 as presented, and to
direct staff to close on the property.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
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Information
Technology
Other Division Heads
Communication
Legal Review
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: February 13, 2024 Title: Hackley Public Library Agreement Updates
Submitted by: Jonathan Seyferth, City Manager Department: Manager's Office
Brief Summary:
As Hackely Public Library continues to evolve and separate itself from Muskegon Public Schools, there are several
agreements the City was originally a party to, which need to be amended with City approval. The City has no financial
interest in any of these transactions.
Detailed Summary & Background:
Hackley Public Library (HPL) was established pursuant to a District Library Agreement between the District and the
City of Muskegon, which is attached. The District Library Agreement requires the District to lease the Hackley Public
Library and Torrent House to HPL and to make certain annual contributions to HPL. The school district is looking to
transfer ownership of the Torrent House to HPL (the current user). But, because the District Library Agreement is
between the District and the City, we also need City approval to acknowledge that the City agrees with the property
transfer. An amendment to the District Library Agreement prepared by the District and the Library is attached.
Because the District Library Establishment Act requires such amendments to be approved by the State Librarian,
HPL has also forwarded the amendment to the State Librarian for preliminary review.
In addition, the City of Muskegon previously held title to the Torrent House, and a deed in the chain of title grants the
City of Muskegon a right of first refusal to purchase the property if the then-current owner “intends to transfer
ownership to another than a not for profit entity.” HPL is a “not-for-profit entity” as used in the deed, and, therefore,
the property transfer from the District to HPL does not trigger the City’s right of first refusal. However, the District
and HPL request that the City acknowledge the right of first refusal is not triggered by signing the attached
Memorandum of Understanding.
It should be noted that the City's first right of refusal to the property will be maintained with this property
transfer. So, if, in the future, HPL were to look to sell the property to an entity other than a non-profit, the City
would still have its right of first refusal. This is primarily an acknowledgment that this property transfer doesn't
trigger the first right of refusal.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Foster strong ties among government and community agencies
Goal/Action Item:
Amount Requested: Budgeted Item:
$0 Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
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Approve the agreements as presented and authorize the City Manager to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads X
Communication
Legal Review x
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January 10, 2024
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