View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON
CITY COMMISSION MEETING
December 12, 2023 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
☐ CALL TO ORDER:
☐ PRAYER:
☐ PLEDGE OF ALLEGIANCE:
☐ ROLL CALL:
☐ HONORS, AWARDS, AND PRESENTATIONS:
A. Resolution Honoring Muskegon High School Football's 2023 State
Championship Manager's Office
☐ PUBLIC COMMENT ON AGENDA ITEMS:
☐ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Muskegon Mute Swan Control Program Manager's Office
C. Special Event Policy DPW- Parks and Recreation
D. SEIU Union Contract Tentative Agreement Approval Manager's Office
E. Water Filtration Plant VFD Purchase DPW- Water Filtration Plan
F. Bad Debt Finance
G. FY24 DWRF Program Engineering Services Public Works
H. Amendment to the Sign Ordinance Planning
I. Cost of Living Adjustment - Non-union employees Manager's Office
J. 2024 Wage Matrix for Non-Union Part-Time and Limited Term Employees
Employee Relations
Page 1 of 2
Page 1 of 140
K. Gaming Resolution for Hackley Community Care City Clerk
L. Sale of 159 McLaughlin Avenue Manager's Office
M. City Manager Contract Updates Manager's Office
☐ PUBLIC HEARINGS:
☐ UNFINISHED BUSINESS:
☐ NEW BUSINESS:
☐ 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:
Ann Marie Meisch, MMC. City Clerk. 933 Terrace St. Muskegon, MI 49440. (231)724-6705.
[email protected]
Page 2 of 2
Page 2 of 140
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 12, 2023 Title: Approval of Minutes
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
To approve the minutes of the November 28, 2023 City Commission meeting.
Detailed Summary & Background:
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 minutes.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
No
Information Technology
Other Division Heads
Communication
Legal Review
Page 3 of 140
City of Muskegon
City Commission Meeting
Minutes
November 28, 2023, 5:30 pm
Muskegon City Hall
933 Terrace Street, Muskegon, MI 49440
Present: Mayor Ken Johnson
Commissioner Rachel Gorman
Commissioner Rebecca St.Clair
Commissioner Eric Hood
Vice Mayor Willie German, Jr.
Commissioner Teresa Emory
Absent: Commissioner Michael Ramsey
Staff Present: City Manager Jonathan Seyferth
City Clerk Ann Meisch
City Attorney John Schrier
1. Call To Order
Mayor Johnson called the City Commission meeting to order at 5:30 p.m.
2. Prayer
Pastor Adam Dollar, Evanston Avenue Baptist Church, opened the meeting with
prayer.
3. Pledge of Allegiance
The Pledge of Allegiance to the Flag was recited by the Commission and the
public.
4. Roll Call
As recorded above
5. Honors, Awards, and Presentations
1
Page 4 of 140
5.a Recognition of Outgoing Commissioners - 87th District State
Representative Will Snyder
87th District State Representative Will Snyder presented a Special Tribute
to outgoing City Commissioners Teresa Emory, Eric Hood, and Michael
Ramsey, in recognition of their service to the City of Muskegon.
6. Public Comment on Agenda Items
No public comments were received.
7. Consent Agenda
Action No. 2023-121
Motion by: Commissioner St.Clair
Second by: Commissioner Hood
To accept the consent agenda as presented, minus item 7c and 7j, with the
understanding that item 7d has been moved to New Business for discussion
only.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner St.Clair,
Commissioner Hood, Vice Mayor German, and Commissioner Emory
Absent (1): Commissioner Ramsey
MOTION PASSES (6 to 0)
7.a Approval of Minutes - City Clerk
To approve the minutes of the November 13, 2023 Worksession and
November 14, 2023 Regular Meeting.
STAFF RECOMMENDATION: To approve the minutes.
7.b Cellular Water Tower Lease Negotiations - Water Department
Staff requests authorization to enter into an agreement with Maralat
Communications to authorize them as the City’s exclusive lease
negotiation consultant for three cellular antenna leases on the City’s water
towers.
In the past, City staff has negotiated leases with cellular companies that
allow them to place antennas on our water towers for a fee. Based on the
recent positive experience with Maralat Communications, staff reached
out and solicited a proposal from them to act as the City’s exclusive lease
2
Page 5 of 140
negotiation consultant during three ongoing lease negotiations. While
staff has undoubtedly done a good job in the past, both Maralat and staff
are confident that a professional lease negotiator will secure the best
market rates available and increase the overall fees the City will be paid
compared to staff-negotiated leases.
Although the agreement refers to four locations, two towers are under one
lease so only three leases are proposed for negotiation at this time. The
fees are based on the terms Maralat is able to obtain for the City, so the
City and Maralat both benefit from strong negotiation. Staff has estimated
the fees (based on 5% of the total fees negotiated in the first term of each
lease) at $49,470 based on our current lease rates, but the actual fees will
be based on the new lease rates and are capped at $75,000 (based on
the negotiation of three leases each capped at $25,000 in fees). While
this is an unbudgeted expense, staff and Maralat are confident the cost
will be covered by the additional rates that will be negotiated compared to
the staff-negotiated leases.
AMOUNT REQUESTED: $75,000 (Estimated at $49,470 bu capped at
$75,000)
FUND OR ACCOUNT: 590 Water
STAFF RECOMMENDATION: To authorize staff to enter into an
agreement with Maralat Communications to authorize them as the City’s
exclusive lease negotiation consultant for three cellular antenna leases on
the City’s water towers.
7.e Janitorial Services - DPW
Staff is requesting authorization to approve a janitorial contract with
Professional Building Services to provide services at City Hall, Public
Works and Water Filtration Plant buildings and a janitorial contract with
Goodwill Industries to provide services at Trinity Health Arena.
Staff solicited bids for a new three-year janitorial contract with fourth- and
fifth-year options for City Hall, Public Service Building, Water Filtration
Plant, Trinity Health Arena for events and Trinity Health Arena for locker
room cleanings. The three-year bid total for each building are as follows:
City Hall
Goodwill Industries-$177,520.09
Reliant Professional Cleaning-$347,845.00
3
Page 6 of 140
Detail XPerts-$141,000.00
Professional Building Services-$137,280.00
Cleaning by Francisca-$945,360.00
Public Service Building
Goodwill Industries-$104,790.13
Reliant Professional Cleaning-$117,294.00
Detail XPerts-$59,500.00
Professional Building Services-$64,350.00
Cleaning by Francisca-$641,520.00
Water Filtration Plant
Goodwill Industries-$34,184.86
Detail XPerts-$9,200.00
Professional Building Services-$25,500.00
Cleaning by Francisca-$460,440.00
Trinity Health Arena (Assuming 45 Events per year)
Goodwill Industries-$464,171.85
Cleaning by Francisca-$238,950.00
Trinity Health Arena (Per Locker Room Cleaning 1st year bid)
Goodwill Industries-$188.00
Cleaning by Francisca-$125.00
Staff is recommending to award the janitorial contract to Professional
Building Services for City Hall, Public Service Building and the Water
Filtration Plant. Professional is the second lowest bidder, they are a local
company and have positive references.
Staff is recommending to award the janitorial contract to Goodwill
Industries for Trinity Health Arena. Goodwill has experience cleaning the
Arena and has proven they are qualified to complete the work.
AMOUNT REQUESTED: $691,301.85 (3 YEARS) *Additional Budget of
$14,189.92 for FY 23/24
4
Page 7 of 140
FUND OR ACCOUNT: 101-265-801, 642-441-801, 591-558-801, 254-
906-081
STAFF RECOMMENDATION: To authorize staff to award the City Hall,
Public Service Building and Water Filtration Plan janitorial contract to
Professional Building Services for 3 years with optional 4th and 5th year at
$77,980 per year and award the Trinity Health Arena janitorial contract to
Goodwill Industries for 3 years.
7.f Sale of 730 Leonard Avenue - Manager's Office
Staff is seeking approval of the sale of 730 Leonard Avenue. 730 Leonard
Avenue was constructed through the agreement with Rudy Briggs to
construct infill housing with ARPA funding. The offer is for full asking price
with seller concession of $4,950.
STAFF RECOMMENDATION: To approve the purchase agreement for
730 Leonard Avenue.
7.g Sale of 750 Leonard Avenue - Manager's Office
Staff is seeking approval of the sale of 750 Leonard Avenue. 750 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: To approve the purchase agreement for
750 Leonard Avenue.
7.h Sale of 1271 Spring Street - Manager's Office
Staff is seeking approval of the sale of 1271 Spring Street. 1271 Spring
Street was constructed through the agreement with Dave Dusendang to
construct infill housing with ARPA funding. The offer is for $4,000 over
asking price with the overage covering the cost of central air. This results
in a full price offer.
STAFF RECOMMENDATION: To approve the purchase agreement for
1271 Spring Street.
7.i Former Employee Health Refund Calculation - City Manager
This is a clarification action from our Sept. 26, 2023 meeting where the
Commission approved repayment of overpayments by former team
members for health insurance. The clarification is, that the repayments go
5
Page 8 of 140
back to January 1, 2020 (this is consistent with what was done for current
employees).
(summary from original memo)
Traditionally (and per all five union contracts), employees paid 10% of
their health benefits (after 2017, this included three components: Health
Insurance, Co-insurance, and Deductibles). An error in the calculation
occurred at some point, and employees began paying more than 10%.
This was brought to our attention in early 2023, and the insurance
contributions have been corrected for all active employees. The
commission must now consider addressing this matter with former team
members who left employment between the error starting and being
corrected.
Starting in 2017, the city began using three different factors to determine
employee contributions to their insurance premiums (a percentage of
actual monthly premiums and a percentage of City Paid Benefits (co-
insurance & deductibles)). Before 2017, just insurance premiums were
used as a factor. This change was made because of cost increases in co-
insurance and deductibles.
Sometime after 2017, a calculation error occurred, and employee
contributions increased above the 10% level.
Earlier this year, the City Commission approved repayment of benefit
overpayments to current employees (Jan. 1, 2020 through early 2023).
The administration is now asking the Commission to consider
reimbursement of the overpayment to former employees who left the City
between January 1, 2020, and the end of 2022 and who also overpaid
insurance premiums.
During that period, 58 former team members took health insurance and
overpaid. Individual overpayment ranges from about $3,200 to less than
$10. The total cost to repay these former team members the overpayment
is $51,696.83.
AMOUNT REQUESTED: $52,696.83
FUND OR ACCOUNT: Various - the appropriate departments and funds
will cover this cost.
STAFF RECOMMENDATION: To approve repayment of overpaid
insurance premiums to former team members for the period from January
1, 2020, through January 2023.
6
Page 9 of 140
7.c PFAS Settlement - Water Filtration
Staff requests concurrence on the decision to remain a part of class-action
lawsuits against 3M and DuPont.
The class action suits and associated settlement is for contaminated
drinking water only (not PFAS contamination in the environment). There
are two separate settlements, one from 3M and one from Dupont. The
settlement is divided into phases, and we qualify for money allocated in
the first phase due to PFAS detections in our source water prior to June
22, 2023. Opt-out deadlines for both settlements are in early December of
this year.
A score will be calculated to determine how the funds will be allocated.
The score will include the size of the source (production capacity and
actual capacity) and the levels of PFAS detected. Our source water
PFAS detections have mostly been in the range of 0-3 ppt, below the
current and proposed maximum contaminant levels (MCLs) for
drinking water. We did have one abnormally high source water sample
from April 2022: PFOA 13 ppt (Michigan MCL 8 ppt, EPA proposed MCL 4
ppt) and PFOS 4 ppt (Michigan MCL 16 ppt, EPA proposed 4 ppt). This
should work in our favor, but to what extent is hard to say. Money will also
be set aside for additional claims until 2030 if our source was to exceed an
MCL. This violation of an MCL could be due to either an increase in PFAS
levels or a decrease in the MCL. There are no conditions on how the
funds need to be spent, however we will not know the amount until after
the opt-out deadline.
The City attorney has recommended we remain in the settlement based
on a very low chance of receiving more funds than the settlement if we
were to opt out.
More information is available at the website:
https://www.pfaswatersettlement.com/
FUND OR ACCOUNT: 591 (Water)
STAFF RECOMMENDATION: That the City of Muskegon remain a part of
class-action lawsuits against 3M and DuPont.
Action No. 2023-122(c)
Motion by: Commissioner St.Clair
Second by: Commissioner Hood
7
Page 10 of 140
That the City of Muskegon remain a part of class-action lawsuits against
3M and DuPont.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner
Emory
Absent (1): Commissioner Ramsey
MOTION PASSES (6 to 0)
7.j Property Exchange for LIHTC Projects with Grace Community, LLC -
Development Services
In order to move forward on Berkshire Spring Street from General Capital
and Allen Crossing/Amity Commons from Spire Development, staff
recommends the proposed property exchange in the attached letter to
remedy a reverter clause discovered during title work.
The City sold parcels at 159 Amity Avenue, 158 Allen Avenue, 923 Jay
Street, 201 Jay Street, and 974 Spring Street to Grace Community, LLC
with the intention of their developing a commercial/retail complex onsite.
The quit claim deed includes a reverter clause if complex was not
completed in 3 years, which passed in July of 2022. Since then, the city
has identified the sites as ideal for LIHTC development and has standing
approved agreements with both Spire Development as well as General
Capital for a proposed set of 4 buildings that include nearly 150 affordable
apartment units.
For these 3 LIHTC projects that have been previously approved by city
commission to move forward, the developers must demonstrate site
control to MSHDA. These deed reversions result in Grace Community,
LLC being unable to convey small portions of the total development site to
Spire and General Capital thereby jeopardizing 3 of the 5 Low Income
Housing Tax Credit developments we have been working on. Upon finding
this out from representatives of Grace Community, staff worked with them
on a mutually beneficial solution.
Essentially, pending appropriate title work and a third-party appraisal of all
lots staff is proposing an exchange of properties with Grace Community,
LLC reflected in the attached map, where Grace Community keeps the
properties the city previously sold them for roughly $11,5000 in 2019
minus 201 Jay Street which we take back, and gives the City of Muskegon
8
Page 11 of 140
970 Jay, 973 Jay, 200 East Apple, 212 East Apple, and 218 East Apple.
This results in both parties ending up with contiguous properties, and
preserves the property necessary for all approved LIHTC proposals.
STAFF RECOMMENDATION: To approve the exchange of 159 Amity
Avenue, 158 Allen Avenue, 923 Jay Street, and 974 Spring Street for 970
Jay Street, 974 Jay Street, 200 East Apple, 212 East Apple, and 218 East
Apple as presented, pending a third party appraisal of all sites and
completed title work prior to closing, and to authorize the mayor and clerk
to sign.
Action No. 2023-122(j)
Motion by: Commissioner St.Clair
Second by: Commissioner Emory
To approve the exchange of 159 Amity Avenue, 158 Allen Avenue, 923
Jay Street, and 974 Spring Street for 970 Jay Street, 974 Jay Street, 200
East Apple, 212 East Apple, and 218 East Apple as presented, pending a
third party appraisal of all sites and completed title work prior to closing,
and to authorize the mayor and clerk to sign.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner
Emory
Absent (1): Commissioner Ramsey
MOTION PASSES (6 to 0)
8. Public Hearings
9. Unfinished Business
10. New Business
10.a Precinct Consolidation/Changes - City Clerk
The law was recently changed allowing precincts sizes to change from
2,999 voters to 4,999 voters. This in conjunction with nine days of early
voting, the usage of our voting trailer, and the expansion of absentee
voting gives the City the opportunity to reduce the number of precincts
needed in the City.
Staff proposes to do the following:
9
Page 12 of 140
Ward 1: Combine Precinct 1 (MCC) and Precinct 2 (Bethesda Church)
and move to Central Assembly of God that has a large gym building
separate from the church and an expansive parking lot. We also
recommend combining Precincts 3 (Central Assembly of God) and 4
(Central Assembly of God) that are already located in this building. There
are two sides to the building that can comfortably accommodate both
precincts.
Ward 2: Move voters that reside in Precinct 6 (City Hall) from Wood
Street, Apple, Forest, Getty, Evanston, McLaughlin, and Chestnut
(approximately 361 voters) to Precinct 5 (Smith Ryerson). Combine
Precincts 6 (City Hall) and Precinct 7 (City Hall).
Ward 3: Eventually we would like to combine Precincts 8 (DPW) and 9
(Muskegon High School) after completion of construction and move
Precinct 10 (Muskegon Farmers Market) to Boys and Girls Club upon
completion of renovations.
Ward 4: Combine Precincts 11 (Celebration Community Church) and
Precinct 12 (McGraft Park) and move to Celebration Community Church
that has a large open space and plenty of parking. We also recommend
combining Precincts 13 (Lakeside Baptist Church) and 14 (Great Lakes
Museum) and move to Great Lakes Museum.
STAFF RECOMMENDATION: To recommend to the Election Commission
to combine Precinct 1 (MCC) and Precinct 2 (Bethesda Church) and move
to Central Assembly of God, combine Precincts 3 (Central Assembly of
God) and 4 (Central Assembly of God), move voters that reside in the
following boundaries of Precinct 6 (City Hall) from Wood Street, Apple,
Forest, Getty, Evanston, McLaughlin, and Chestnut (approximately 361
voters) to Precinct 5 (Smith Ryerson), combine Precincts 6 (City Hall) and
Precinct 7 (City Hall), combine Precincts 11 (Celebration Community
Church) and Precinct 12 (McGraft Park) and move to Celebration
Community Church, combine Precincts 13 (Lakeside Baptist Church) and
14 (Great Lakes Museum) and move to Great Lakes Museum.
Action No. 2023-123(a)
Motion by: Commissioner Emory
Second by: Vice Mayor German
To recommend to the Election Commission to combine Precinct 1 (MCC)
and Precinct 2 (Bethesda Church) and move to Central Assembly of God,
combine Precincts 3 (Central Assembly of God) and 4 (Central Assembly
10
Page 13 of 140
of God), move voters that reside in the following boundaries of Precinct 6
(City Hall) from Wood Street, Apple, Forest, Getty, Evanston, McLaughlin,
and Chestnut (approximately 361 voters) to Precinct 5 (Smith Ryerson),
combine Precincts 6 (City Hall) and Precinct 7 (City Hall), combine
Precincts 11 (Celebration Community Church) and Precinct 12 (McGraft
Park) and move to Celebration Community Church, combine Precincts 13
(Lakeside Baptist Church) and 14 (Great Lakes Museum) and move to
Great Lakes Museum.
Ayes: (6): Mayor Johnson, Commissioner Gorman, Commissioner
St.Clair, Commissioner Hood, Vice Mayor German, and Commissioner
Emory
Absent (1): Commissioner Ramsey
MOTION PASSES (6 to 0)
7.d Special Event Policy - Public Works
Staff is seeking approval to the proposed changes to the Special Event
Policy. Included is the Special Event Policy with proposed changes.
Changes include:
Applications need to be submitted at least 45 days in advance to
allow enough time for staff to review and approve event requests.
Then staff communicates to the event conditions that must be met
for the event to be held. Many of these conditions must be two
weeks before the event is held.
Application fee changes to simplify the fee structure.
Providing food vendor requirements in policy as suggested by the
Fire Marshal.
Increasing the footprint of who is notified when a street is closed.
Begin to offer card board trash bins for events to use so events
have an option of a trash receptacle they could pick up or have
delivered for free.
Increase fee for trash cans/bins to cover costs.
Picnic Tables will no longer be rented and delivered by staff. A
group of tables will be available for events to pick up and return for
free.
11
Page 14 of 140
No longer offer an hourly rate to have a liquor license in Hackley
Park. Only one event can occur in the park per day.
Remove fee for using bike and walking paths. Using the bike path
is encouraged versus using a street.
Change Pere Marquette Use fees to be year-round and based on
area zones instead of number of attendees. Basing the fees on
attendees is difficult to determine and can change year to year.
Zone based fees will help events know their fees when applying
and can encourage events to move to a less populated area of the
beach.
Change Pere Marquette user fees to daily fees and have different
fees for weekends vs weekdays. Daily fees can encourage events
to have a faster setup and tear down period. Lower weekday fees
can encourage events to move to a weekday to save money and
have less fees during their setup period.
Increase parking fees in lots around Pere Marquette. The impact of
events at the beach is significant for availability of parking. As many
spaces as possible should be left available to residents and
visitors.
STAFF RECOMMENDATION: To approve changes to the Special Event
Policy.
Discussion took place regarding the proposed Special Event Policy
Changes and this item will be present to the Commission for further
consideration on December 12, 2023.
11. Any Other Business
Vice Mayor German raised the question of amending the application for Social
Equity funds to allow applicants that have been convicted of certain felonies to
apply for funds. Discussion took place and staff will have something for the
Commission to consider at the Worksession meeting in January 2024.
Mayor Johnson recognized city staff for their efforts in getting Hackley Park
decorated and for the Lighting of the Christmas Tree Event that took place
recently.
12. Public Comment on Non-Agenda items
Public comments were received.
12
Page 15 of 140
13. Closed Session
14. Adjournment
The City Commission meeting adjourned at 6:45 p.m.
_________________________
Respectfully Submitted,
Ann Marie Meisch, MMC - City Clerk
13
Page 16 of 140
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 12, 2023 Title: Muskegon Mute Swan Control Program
Submitted by: Jonathan Seyferth, City Manager Department: Manager's Office
Brief Summary:
The City of Muskegon is being asked to support the Muskegon Conservation District's plan to engage in a
Mute Swan Management and Control Program.
Detailed Summary & Background:
The City of Muskegon is being asked to support the Muskegon Conservation District's plan to engage in a
Mute Swan Management and Control Program. This program is done under DNR and USDA-Wildlife Services
oversight and is intended to control the Mute Swan population. Mute Swans are a non-native/invasive species
which negatively impacts local wildlife and the local native swan population. This population management
project is support by the DNR, Muskegon Lake Watershead Partnership, Michigan Audubon, WMEAC and
others. The named organizations have letters of support accompanying the resolution.
The Cities of Montague, North Muskegon, and Whitehall have all passed similar resolutions of support for this
program in 2023.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
$0 Yes No X N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No X N/A
Recommended Motion:
I move to support the Muskegon Conservation District's Muskegon Mute Swan Control Program and adopt the
attached resoltion as presented.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
No
Information Technology
Other Division Heads
Communication
Legal Review
Page 17 of 140
City of Muskegon
Resolution # _____________
Muskegon Mute Swan Control Program
WHEREAS, the Muskegon Conservation District, has informed the City of Muskegon of
their intention to renew implementation of a Mute Swan Control Program on Muskegon
Lake, as well as provided public notice; and
WHEREAS, the Muskegon Conservation District, has notified the City Manager, police
department, other local law enforcement agencies, DNR Conservation Officers, DNR
wildlife staff; and
WHEREAS, the Muskegon Conservation District shall implement this program under the
DNR Mute Swan Management and Control Policy and Procedures with assistance from
USDA-Wildlife Services; and
WHEREAS, the Muskegon Conservation District shall implement future control measures
such as nest and egg destruction, it is clearly understood that any birds removed during
this program in the immediate future shall be killed; and
WHEREAS, the City of Muskegon recognizes the Mute Swan as an invasive species
negatively impacting the ecological health of lakes through competition with native
species for food and habitat, directly and indirectly displacing native species, degrading
habitat and altering food webs; and
WHEREAS, Mute Swans populations have the potential to increase rapidly with statewide
populations, the highest in North America at approximately 20,000 and locally 1,200
individuals, which may cause negative impacts to native wildlife and habitat; and
WHEREAS, the City of Muskegon recognizes the Muskegon Conservation District, as a
subdivision of the state under Michigan law, and as such has been the lead governmental
entity in the management, conservation, restoration, and protection of
natural resource projects related to Muskegon Lake; and
Page 18 of 140
WHEREAS, the Muskegon Conservation District is responsible for adhering to the
requirements of a permit issued from the DNR issued under the DNR Mute Swan
Management and Control Policy and Procedures;
NOW, THEREFORE LET IT BE RESOLVED that the Muskegon City Commission
hereby formally recognizes and approves of the Muskegon Conservation District efforts,
as they abide by the DNR permit requirements, in the implementation of the DNR Wildlife
Division Mute Swan Management and Control Program Policy and Procedures for mute
swan nest and egg destruction and/or mute swan removal, for a 5-year period from 2023
through 2028, and additionally, to advise the that there shall be no cost to the City of
Muskegon for these programs.
At a regular meeting of the City Commission of the City of Muskegon, held on December
12, 2023 in the Commission Chambers of Muskegon City Hall, located at 933 Terrace
Street, the foregoing resolution was moved for adoption by________________. The
motion was supported by ________________.
Motion Passes
Yeas:____ Nays:_____ Absent: ______
Resolution declared adopted.
________________________________
Ann Marie Meisch, MMC – City Clerk
CERTIFICATE
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, Muskegon County, Michigan, at a regular
meeting held on December 12, 2023 and that notice of the meeting was given pursuant to
Act 267, Public Acts of Michigan, 1976, as amended.
________________________________
Ann Marie Meisch, MMC – City Clerk
Page 19 of 140
Page 20 of 140
Page 21 of 140
Page 22 of 140
Page 23 of 140
Page 24 of 140
Page 25 of 140
Page 26 of 140
Mute Swan Information Sheet
March 2023
• The Mute Swan is not native to North America. It is a native European species, where it lives
and has its own migratory cycle.
• It is an introduced species, and therefore can be listed as “invasive” when their numbers
outgrow the habitat.
• It was introduced in the U.S. for its beauty and elegant S shaped neck and was frequently
purchased to beautify small ponds and lakes. These purchased pairs were pinioned on one wing
to make them unbalanced and unable to fly.
• Unfortunately, their offspring were generally not pinioned, and with no natural path for
migration, they remained local, feral and eventually invasive.
• Mute Swan are both large, twenty to twenty-six pounds (one of the heaviest birds able to fly)
and extremely aggressive (territorial) and can be a potential danger to humans, especially
during the spring and summer when they are nesting and raising young.
• Mute Swan mate for life and are very successful parents. The average number of cygnets is 6.
• Because of their rate of reproduction and lack of natural predators, the problem increases
exponentially every year.
• On a gale force wind day in February 2023, the Muskegon Lake Mute Swan flock was literally
“blown” together near the Muskegon River (North Branch) opening to Muskegon Lake. The
flock was estimated to be between 150 and 200 individuals.
• Mute Swan environmental damage includes:
o Destruction of native plants.
o Domination of food sources and nesting sites, impacting important native species.
o E Coli water contamination from feces.
The City of Whitehall has approved and practiced annual culling of Mute Swan on White Lake for
more than 10 years. It has only been minimally effective because of the enormous population living
on the Muskegon Lake Watershed.
If the City of Muskegon passes a resolution to authorize the Muskegon Conservation District to
implement a Mute Swan Control Program on Muskegon Lake, it would benefit Muskegon Lake and
the surrounding West Michigan wetland and watershed systems.
*Prepared for the Muskegon City Commission by Kim Wood, Muskegon Conservation District Board
Member.
(Ms. Wood worked at the W.K. Kellogg Bird Sanctuary for five years as part of the MSU Biological
Station and has extensive experience with waterfowl.)
Page 27 of 140
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 12, 2023 Title: Special Event Policy
Submitted by: Jacqui Erny, Admin Department: DPW- Parks and Recreation
Brief Summary:
Staff is seeking approval for the proposed changes to the Special Event Policy.
Detailed Summary & Background:
Included is the Special Event Policy with proposed changes. Changes made from the discussion at the
November 28 Commission Meeting include:
• First time events being held in Pere Marquette must be approved by the City Commission. Therefore,
these events must apply at least 75 days before their event date.
• Picnic tables will no longer be rented and delivered by staff. A group of tables will be available for
events to pick up and return for free. Neighborhood Associations can request picnic tables for their
three free events per year. Events are encouraged to utilize private companies to rent tables and
chairs.
All previously discussed changes include:
• Applications need to be submitted at least 45 days in advance to allow enough time for staff to review
and approve event requests. Then staff communicates to the event conditions that must be met for the
event to be held. Many of these conditions must be two weeks before the event is held.
• Application fee changes to simplify the fee structure.
• Providing food vendor requirements in policy as suggested by the Fire Marshal.
• Increasing the footprint of who is notified when a street is closed.
• Begin to offer cardboard trash bins for events to use and are available to be delivered for free.
• Increase the fee for trash cans/bins to cover costs.
• No longer offer an hourly rate to have a liquor license in Hackley Park. Only one event can occur in the
park per day.
• Remove fee for using bike and walking paths. Using the bike path is encouraged versus using a street.
• Change Pere Marquette Use fees to be year-round and based on area zones instead of number of
attendees. Basing the fees on attendees is difficult to determine and can change year to year. Zone-
based fees will help events know their fees when applying and can encourage events to move to a less
populated area of the beach.
• Change Pere Marquette user fees to daily fees and have different fees for weekends vs weekdays.
Daily fees can encourage events to have a faster setup and tear down period. Lower weekday fees can
encourage events to move to a weekday to save money and have fewer fees during their setup period.
• Increase parking fees in lots around Pere Marquette. The impact of events at the beach is significant for
availability of parking. As many spaces as possible should be left available to residents and visitors.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Page 28 of 140
Goal/Action Item:
Key Focus Area - Events and activities
Amount Requested: Budgeted Item:
N/A Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A
Recommended Motion:
I move to approve changes to the Special Event Policy.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
No
Information Technology
Other Division Heads
Communication
Legal Review
Page 29 of 140
CITY OF MUSKEGON
SPECIAL EVENT POLICY
The City of Muskegon has many parks and facilities available for use. A
Special Event Application is required for any public event held on City
property or requiring City services. While there are several City departments
involved in the special event process, this policy centralizes the
administration of special events with the Department of Public Works. Email
[email protected] or call (231) 724-6907 for any questions.
For events where alcohol is served, applicants must also obtain
approval from the State of Michigan Liquor Control Commission and the Muskegon Police
Department (231-724-6750), in addition to completing the Special Event Application. Liquor
license approval is a separate process from the Special Event Application, with its own fees and
regulations. The final authority for signing special liquor licenses is with the Public Safety Director. For
State of Michigan liquor license regulations and information, please visit the State of Michigan’s website
at www.michigan.gov/lara.
SPECIAL EVENT APPLICATION PROCEDURE
I. Special Event Application (“Application”) Submission & Fee Schedule
All Applications shall be filed with the Department of Public Works at least forty-five (45)thirty (30) days
prior to the event. The non-refundable Application fee must be paid at the time the Application is
submitted.
Events occurring during peak event season Events occurring outside of peak season
April 15 – September 30 January 1 – April 14 / October 1 – Dec. 31
$100 fee for applications submitted 60 days or more $100 fee for applications submitted 60 days or
prior to the event date more prior to the event date
$250 fee for applications submitted 45-5946-59 days $200 fee for applications submitted 45-59 days
prior to the event date prior to the event date
$400.00 fee for applications submitted 30-44 days $300.00 fee for applications submitted 33-44 days
prior to the event prior to the event
Applications submitted less than 4530 days prior $400 fee for applications submitted less than 30
to the event date will not be accepted; first time days prior to the event
events at Pere Marquette must apply 75 days prior
to the event date.
Application and parade event fees may be waived for Veteran’s groups. In addition, the City’s
recognized Neighborhood Associations are entitled to two Application fee waiversand , event fee
waivers and picnic table deliveries per year in addition to National Night Out festivities, provided that the
Application is submitted to the Department of Public Works at least 3045 days in advance of the event
date. Up to two application fees may be waived for a non-profit organization in its lifetime. The non-profit
must serve City of Muskegon residents to qualify.
The Application shall be submitted on the appropriate form. The Application fee must be paid at the
time of Application submission or the Application will not be considered. The City of Muskegon
Request for Special Event Application form can be found on the City’s website at www.muskegon-
mi.gov, or you may email [email protected] or call (231) 724-6907 to have one mailed,
or visit the Department of Public works at 1350 E Keating Ave, Monday – Friday from 8:00 am. Until
4:300 p.m. excluding holidays.
Block Parties. The City has a separate Block Party Policy and Application. Contact the Department of
Public Works at [email protected] or 231-724-6907 for further information about block
parties.
-1-
Page 30 of 140
4th of July weekend. Margaret Drake Elliott Park is not available for special events on the 4th of July,
including the entire weekend if July 4 falls on a Friday, Saturday, or Sunday. The park is reserved for
picnicking during this holiday.
-2-
Page 31 of 140
Reserving event dates for multiple years. As long as prior year event fees are paid in full, established
events may reserve their event date(s) and location for future years. A completed special event
application must be received by February 1 of each year in order to hold the date(s) and location.
II. Event Requirements
All Special Event permittees must adhere to the following rules and regulations. Failure to do
so may result in the applicant having any conditional approvals revoked, being held responsible for
any damages and/or denial of future event Applications.
(a) Public Safety Personnel. While the presence of public safety personnel
(police/fire/medical) may not be required at all special events, it shall be the discretion of the Public
Safety Director if city police and/or fire officials may be required. The applicant/organization will be
responsible for payment of public safety personnel services. See Fee Schedule (Section IV) for fee
estimates. If an event is cancelled with less than 72 hours’ notice, the applicant/organization will be
responsible for paying two hours’ pay per officer, per union contract requirements. Applicants are not
allowed to provide their own public safety staff (police/fire/medical) without prior approval of the City of
Muskegon’s Public Safety Director.
(b) Liability Insurance. The applicant must provide proof of liability insurance in the amount
of $1,000,000 naming the City of Muskegon as an additional insured. You may use an insurance agent
of your choice. An acceptable certificate of insurance must be submitted no later than 10 days before
the event date. Please inform your insurance agent that the wording on the certificate must read:
“The City of Muskegon, all elected and appointed officials, all employees and volunteers, all boards,
commissions and/or authorities and board members, including employees and volunteers thereof; it
is understood and agreed that by naming the City of Muskegon as additional insured, coverage
afforded is considered to be primary and any other insurance the City of Muskegon may have in
effect shall be considered secondary and/or excess.”
(c) Restroom Facilities. All outdoor events shall provide adequate restroom facilities (i.e.
portable toilets) including handicapped-accessible facilities per ADA requirements. Restroom
placement shall not impede sidewalk traffic.
(d) Digging & Staking. Digging or staking at into paved areas, including roadways, sidewalks,
and public parking areas, is not permitted. Digging or staking into non-paved ground shall be cleared
through Miss Dig in order to avoid damage to underground utilities. The Applicant Organization is
responsible for contacting Miss Dig (1-800-482-7171, or dial 811) a minimum of 5 working days prior to
event set-up. The applicant will also be responsible for paying an electrician to locate underground utility
lines and a City employee to location irrigation/water lines, if required. A penalty of $100 will be charged
for an unapproved staking and the Applicant Organization will be responsible for the cost of any
damages to underground utilities, including irrigation lines, caused by digging or staking.
(e) Electrical and Water Hook-up The applicant must adapt to electrical power available on-
site, or provide their own generator. When using City electrical panels, the applicant shall read the meter
before and after the event, and report those numbers to the City’s special event coordinator upon
request. City fire hydrants may be used as a water source for a fee (see Fee Schedule - Section IV) for
cost. It is the responsibility of the applicant to provide acceptable hoses for potable water usage, which
meet Health Department requirements.
(f) Inspections. The event location is subject to all building, plumbing, mechanical, electrical,
and fire codes. It is the permittee’s responsibility to schedule an inspection by any and all required
inspectors and pay the required inspection fee(s). The City’s building inspection department
(SAFEbuilt), requires an inspection of assembly tents that are 400 sq ft or greater. See Fee Schedule
(Section IV) for costs. For events having multiple tents, contact the City’s Building Official for inspection
fees.
-3-
Page 32 of 140
(g) Food trucksFood Vendors. Any food trucks or vendors using deep fryers and/or propane
cylinders must be inspected and approved by the Fire Marshal prior to participation in a special event.
These vendors are required to have no less than a 5 lbs ABC-type fire extinguisher which has a current
inspection tag and a class K type fire extinguisher for any deep-frying equipment wherein oils and/or
grease is used as a medium. Contact the Fire Marshall for an inspection at (231) 724-6793.
• Food trucks/trailers. All food trucks or trailers must be inspected and approved by the Fire
Marshal at least 2 weeks prior to participation in a special event. A current, completed and
approved Muskegon County, Grand Rapids FD, Holland FD, Grand Haven DPS or Kalamazoo
County inspection will be accepted. Contact the Fire Marshal for an inspection at (231) 724-
6793.
• Food vendor tents. All vendors cooking in a tent must have tar paper on the ground in their
whole footprint. Food tent vendors are required to have at a minimum: a 3A-40BC ABC-type
fire extinguisher and a Class-K type fire extinguisher for any deep-frying equipment or when
oil and/or grease is used/produced during food preparation. These extinguishers must have
a current inspection tag from a third-party vendor. Additional extinguishers and
requirements may be required and enforced by the inspecting Fire Official. Food vendors
using a tent are subject to site inspection that shall be performed after the tent and all
equipment are in place and operational.
(g)(h) Camping/Campgrounds. Approval must be given by the City Commission to have
camping at your event at least 60 days before the event. The Department of Public Works will submit the
request to the City Commission. Events that include overnight camping or a campground area also
require a permit from the Muskegon County Health Department and Department of Environment, Great
Lakes and Energy. To obtain information about this permit, call (231) 724-6208. A copy of an approved
permit must be provided to the City.
(h)(i) Event Set-up and Tear-down. For events utilizing any public roadway, no tents, booths,
vendors, or equipment shall be set up in the roadway prior to 6:00 p.m. the day before the event. All
signs, tents, booths, vendors, and equipment must be removed from the roadway prior to 6:00 a.m. the
day after the event.
(i)(j) Site Clean-up and Trash Disposal. The Applicant shall be responsible for clean-up of
City facilities after the event. This includes the removal of trash from the site (do not leave full trash cans
on site). Applicants shall provide their own Dumpster. The City shall have the right to enforce cleanup
measures, including but not limited to entry and cleaning of property by City personnel with costs
charged to the owner, occupant, or applicant. City staff may require a walk-through after the event to
ensure satisfactory clean-up.
(j)(k)Merchandise Sales. Sales of all merchandise for Special Events must be out of the public
right-of-way, unless prior authorization is received.
(k)(l) Events Using Water. Events utilizing a body of water such as Muskegon Lake and/or Lake
Michigan require Coast Guard (414-747-7100) and/or Department of Natural Resources (269-685-
6851) special event approval.
(l)(m) Pyrotechnics. Events utilizing any kind of pyrotechnics must contact the Fire Marshal (231-
724-6793) and must also obtain the appropriate permits from the City Clerk’s Office (231-724-6705).
(m)(n)Compliance with all regulations. Special Event applicants/organizations are
responsible to ensure that all applicable laws and ordinances are followed. Failure to comply with all city
ordinances, rules and regulations may result in the denial of future special event requests.
III. Special Event Application Processing
-4-
Page 33 of 140
(a) Application Intake. Department of Public Works Office staff shall be responsible for intake
of Special Event Applications and dissemination to appropriate City staff for review and approval. The
Application fee must be submitted with the Application. Liquor license Applications shall be filed with
the Public Safety Director.
(b) Event Approval. The City will issue a conditional approval or denial no later than 30 days
after the Application date whenever possible. Preliminary approval may be given to allow the applicant
to advertise the event, with final details to be worked out with staff. An approval letter will be issued,
listing conditions of approval. First time events at Pere Marquette must be approved by the City
Commission; the entire approval process could take up to 60 days.
(c) Application Denial. If City staff reviews an Application and denies same, it shall be stated
in writing the reasons for the denial. An appeal of that decision may be made to the City Commission,
whose decision shall be final.
(d) Unpaid Invoices Due the City. Any past due fees/invoices owed to the City will result in
denial of the event Application and/or future Special Event requests until paid in full.
-5-
Page 34 of 140
(e) Meetings with Staff. City staff will meet with applicants to discuss event details if needed.
Contact the City’s special event coordinator in the Department of Public Works to request a meeting.
There may also be instances when City staff may require a meeting with the applicant. Failure to attend
a requested meeting may result in denial of the Application.
(f) Street Closures/Barricading. Requests for City road closings/barricading require approval
of the Public Safety Director and the DPW Superintendent. DPW Office staff will forward requests to the
appropriate personnel once the Application and fee are submitted. The applicant is responsible for all
associated costs, which may include barricades, public safety services, etc. There is an additional $50
fee for each block closed beyond 2 blocks. City Commission approval may be required in some cases.
If a street closure is approved for an event, the Applicant must provide written notification to all
businesses and residences located along the affected street(s) and one block surrounding event
footprint at least 10 days prior to the event date. Changes to street closures requested within 30 days
of the event date will incur a $50 fee. No route and/or road closure changes will be allowed within 14
days of an event.
(f)(1) Time Restrictions Streets shall not be closed prior to 6:00 p.m. the day before the event
and must be open by 6:00 a.m. the day following the conclusion of the event.
(f)(2) Parking along event routes. The applicant shall be responsible for posting “No Parking”
signs along the closed streets of an event route at least 48 hours in advance of the event date.
The City’s Department of Public Works may have No Parking signs available for use. However,
the applicant/organization must attach 5 ½” by 8 ½” addendums to the signs noting the name of
the event and date and time the parking restrictions will be in effect.
(g) Runs/Walks. For races, runs, walks, or parades, the applicant must submit a map with the
Application, showing the proposed route. In addition, if any streets will be closed or partially closed, the
applicant must provide written notification to all residents and businesses along the route as stated
above in paragraphs (f) and (f)(1). The City’s special event coordinator can provide the names and
addresses of affected homes and businesses to be notified. The applicant is responsible for any public
safety and/or DPW costs for street closures (barricades, police presence at intersections if needed,
etc). Western Ave from Shoreline Dr to 8th St will not be closed for a walk or run.
(g)(1) Use of Lakeshore Trail bike path. For events utilizing the Lakeshore Trail bike path,
there is a trail use fee that will be billed upon completion of the event (see Fee Schedule) to
help cover trail maintenance expenses. In addition, any events using the path must post
signage at trail entry points on the day of the event, notifying users that there is an event
occurring on the trail. Signs may be generic, such as “EVENT ON BIKE PATH TODAY”
(organizations using the path for events may share signs to reduce costs). The City’s Parks
Supervisor can assist you in locating sign placement locations.
(h) Site Plan. The City may require submittal of a site plan showing the event grounds and
the location of tents, vendors, portable toilets, and other structures.
-6-
Page 35 of 140
IV. Special Event Fee Schedule (Use of City Equipment, Labor Charges, Liquor Licenses,
Inspections, Park use fees)
ITEM / SERVICE RENTAL FEE (plus labor if necessary)
55-gallon metal trash can 55-gallon metal trash can $510.00 each
or Cardboard Bins (cardboard delivered for free)
Plastic trash bags (1 case) $40.00 per case or actual cost
Standard Traffic Cone $1.00 each
Tall “Grab” Cone $3.00 each
Picnic tables $10.00 each
Fire hydrant use (installation & removal of
$100.00 flat rate per hydrant
hydrant tree, water testing, and water usage)
DPW/Parks personnel labor costs $60.00/hour ($120/hour for Sundays and holidays)
(Transportation of Barricades/Cones/tables, etc) Truck/ trailer rental may also be charged
PUBLIC SAFETY SERVICES / FEES
NOTE: Liquor License fees are lowest when applied for at least 45 days in advance of the event date.
Liquor licenses will not be issued within 15 days of an event.
Special liquor license (non-profit)/New event $150.00 (if applied for at least 45 days in advance of event)
Special liquor license (non-profit)/Return event
$125.00 (if applied for at least 45 days in advance of event)
Organization located outside City of Muskegon
Special liquor license/Return event, in-City rate $ 75.00 (if applied for at least 45 days in advance of event)
Special liquor license (all) within 15-44 days of
$250.00
event
Liquor license/Temporary authorization –
$40.00 ($60 if within 15-44 days of event)
existing business/club
Public safety labor charges (police/fire/medical) $60.00 per hour (time and ½)
Public safety labor charges (police/fire/medical) $120.00 per hour (triple time/holidays)
INSPECTIONS
Inspection of assembly tent $50.00 (if multiple tents, contact building official for fees)
Contact the building inspection department to see if
Electrical or plumbing inspections
these are required
Fire Department inspection of food trucks Included with application fee
PARK USE FEES
Hackley Park exclusive use fee with Liquor License $100/hour or $500/day
Hackley Park use fee per quadrant $50/day per quadrant
Harbour Towne Beach user fee $1500.00 per event
Trail bicycle/walking paths $200 per event
Pere Marquette Park user fees (applicable May 15 through September 15) Costs are per day
Zone 1 Events less than 100 people $100 per event $400 weekdays; $600 Sat, Sun, and
Holidays
Zone 2 Events with 100 - 250 people $200 per event$300 weekdays; $450 Sat, Sun, and
Holidays
Zone 3 Events with 250 – 500 people $350 per event$200 weekdays; $300 Sat, Sun, and
Holidays
Zone 4 Events with 500 - 2000 people $500 per event$100 weekdays; $150 Sat, Sun, and
Holidays
Events with a Liquor LicenseEvents over 2000 $1500.00 per event (includes 20 reserved parking spaces)
people $1,500 per day
Parking spaces for event use $10 15 per parking space reserved per day (max 15
spaces) and each vehicle must have Beach Parking pass
Exclusive use fee of Ovals parking lot area $250 1,000 per day and each vehicle must have Beach
Parking pass
-7-
Page 36 of 140
Exclusive use fee of smaller parking lots near Pere $400 per day and each vehicle must have a Beach Parking
Marquette (Margaret Drake Elliott Lot, smaller lot Pass
near ovals, and lot near the roundabout.)
Camping at Pere Marquette Park $20 per night per camper or tent*
*The City Commission may opt to collect a percentage of
camping revenue for larger events in lieu of the $20 per unit
-8-
Page 37 of 140
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 12, 2023 Title: SEIU Union Contract Tentative Agreement
Approval
Submitted by: Jonathan Seyferth, City Manager Department: Manager's Office
Brief Summary:
Four year contact for the SEIU (Clerical Union).
Detailed Summary & Background:
Management and the SEIU Clerical Union have reached tentative agreement on changes to the contract.
Once the Commission approves these tentative agreements, the full contract will be amended . The changes
to the contract will be implemented after signatures.
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:
I move to approve the tentative agreements to changes to the SEIU contract.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
No
Information Technology
Other Division Heads
Communication
Legal Review
Page 38 of 140
City of Muskegon
And
Service Employees International Union
TENTATIVE AGREEMENTS
Jan. 1, 2024 – Dec. 31, 2027
1. Rename Article 49 - Miscellaneous
Renumber: Article 49 to 50
Article 50 to 51
Article 51 to 52
Article 52 to 53
Add as Miscellaneous (1)
Each employee shall be provided two (2) Seasonal Beach Parking passes every year.
2. Article 26 – Sick Leave
(a) All employees covered by this Agreement shall accumulate one (1) eight (8) hours of sick
leave day per month, not to exceed twelve (12) days ninety-six (96) hours per year, with a
maximum accumulation of one hundred thirty (130) days one thousand forty (1040) hours.
(b) Any employee who has accumulated one hundred thirty (130) days one thousand forty
(1040) hours of unused sick leave will be compensated on an annual basis for seventy-five
percent (75%) of the accumulated, but unused, sick time in excess of one hundred thirty (130)
days one thousand forty (1040) hours. This compensation will be paid no later than January 31
of the year following the accumulation consistent with the Employer’s policy released each year.
In lieu of being paid seventy-five percent (75%) accumulated but unused sick time, an employee
may elect to contribute, on an annual basis, one hundred percent (100%) of the accumulated,
but unused, sick time in excess of one hundred thirty (130) days one thousand forty (1040)
hours into either the City’s Employer’s Deferred Compensation Program or a Michigan
Education Savings Program.
(e) Upon termination of employment under honorable conditions, the employee will
be compensated at the rate of seventy-five percent (75%) of the value of the accumulated
unused sick leave, provided the employee has worked a minimum of twelve (12)
consecutive months. In lieu of being paid seventy-five percent (75%) accumulated but
unused sick time, an employee may elect to contribute one hundred percent (100%) of the
accumulated, but unused, sick time in excess of one hundred thirty (130) days one
thousand forty (1040) hours into either the City’s Employer’s Deferred Compensation
Page 39 of 140
Program or a Michigan Education Saving Program. This paragraph does not apply to
employees dismissed while on probation.
(h) The minimum increment of sick use shall be one (1) hour. Sick leave must be
requested a minimum of one (1) hour in advance of the date/time requested.
Employees can change the time the lunch hour is taken to accommodate
appointment with supervisor approval.
If employee provides a doctor’s slip, sick time can be taken in ¼ hour increments,
excluding repeated scheduled appointments at the end of the working day. After the first
hour, sick time may be taken in ¼ hour increments.
(j) Employees may use sick leave upon accumulation.
3. Article 2 - Recognition of Management
Except as specifically restricted by this Agreement, and unless limited by law, the City retains all
rights, functions, and prerogatives, including, but not limited to:
(a) The right and responsibility to direct the operations of the City, including, but not
limited to: the selection of the kinds and sources of materials, supplies, machinery and
equipment; the determination of the kind, size, number and location of its offices; the
determination of the services to be performed by it; the determination of the services to be
purchased from others; the determination of the work schedules; the determination of
reasonable work rules and standards; the determination of the persons, firms or corporations
with whom it will do business; the method of doing business; the determination of the size of
the working force to satisfy City requirements; hiring of new employees or determination of
whom it will retain at the end of the probationary period; the right to maintain order and
efficiency, to relieve employees from duty because of lack of work or for other legitimate
reasons; the right to establish, change or introduce new or improved methods, equipment,
quality standards or facilities; to terminate employment, suspend, discipline or discharge any
employee for just cause; the right to establish, change or introduce standards of safety and safe
operating practices; the right to establish and alter all conditions and qualifications of
employment (as related to the hiring of new employees).
(b) Any complaint or dispute concerning the exercise of any such management functions in
a manner contrary to any express provision of this Agreement shall constitute a grievance within
the meaning of this Agreement.
4. Article 15 – Layoff Defined
(f) Parking Officers shall not bump into the clerical classifications and clerical shall not bump into
the parking officer classification.
5. Article 16 – Recall Procedure
When the work force is increased after a layoff, employees will be recalled according to
seniority, with the most-senior employee on layoff being recalled first. Notice of recall
Page 40 of 140
shall be sent to the employee at his/her last known address by registered or certified
mail. If an employee fails to report for work within ten (10) calendar days from the date
of mailing of notice of recall, he/she shall be considered a quit to have resigned.
6. Article 18 – Job Posting and Examination Procedure
(a) In accordance with Civil Service Rules and Regulations, all open competitive and
competitive promotional examinations within the unit shall be posted at least five (5) days in
each department that employs bargaining unit members, but the posting must continue into the
first work day of the week after it was first posted. Employees interested shall apply in writing
to the Civil Service Department within the five (5) day posting period. All open competitive and
competitive promotional examinations shall be conducted in accordance with Civil Service Rules
and procedures.
7. Article 22 – Rates for New Jobs
When a new job is created, within the unit, the Employer will notify the Union of the
classification and rate structure prior to its becoming effective. In the event the Union does not
agree that the classification and rate are proper, it shall be subject to negotiations, but not
subject to arbitration.
During the life of this contract, the Employer may choose to revise the classification and rate
structure prior to its becoming effective. Any change will not result in a loss of pay for an
employee. In the event the Union does not agree that the classification and/or a rate change
are proper, it shall be subject to negotiations, but not subject to arbitration.
8. Appendix C (list of exclusions titles within the City) – Delete
9. Article 29 – Holiday Provisions
(b) Employees who work at a location other than City Hall shall have the a holiday
schedule consistent with the schedule at the building where the employees work.
Employees working at DPW will receive the day after Thanksgiving as a holiday. At the
DPW Department, one employee will have the opportunity to work the Day after
Thanksgiving. Such employee will be chosen, by seniority, from a list of volunteers
within the DPW Department. No employee shall receive less than thirteen (13) fourteen
(14) days off as a combination of holiday/personal leave day. To the extent that an
employee receives fewer than eleven (11) twelve (12) holidays, the employee shall
receive a corresponding increased number of personal leave days.
(c) Paid holidays which fall on Saturday shall be recognized on the Thursday or
Friday preceding the holiday per the employee’s regularly scheduled work week. Paid
holidays which fall on Sunday shall be recognized on Monday following the holiday.
(d) When holidays fall on consecutive days, time off will be handled as follows:
1. If both holidays fall on a Monday, Tuesday, Wednesday, Thursday, or Friday, then
employees will realize the actual days off with holiday pay regardless of their work
Page 41 of 140
schedule. Employees on a 4 day work week will be paid 20 holiday hours and work two of the
three remaining non-holiday days in the work week.
2. If one or more of the days fall on a Saturday or Sunday, offices will be closed on Friday
and Monday in observances of the two holidays. All employees working a traditional five day
work week will observe a day off on Friday and a day off on Monday. All employees working a 4
day work week will work three days in each of the two work weeks.
3. If staffing needs require an employee to work during the holiday week, the employee will
receive a floating holiday to be used within a two week period. At no time will a prescheduled
personal or vacation day be canceled due to accommodating a floating holiday.
(f) Parking Enforcement. When a parking officer is required to work on a holiday, they will
receive eight (8) hours of holiday plus double time for all hours worked.
10. Article 31 – Vacations
(a) Eligibility. An employee will earn credits toward vacation with pay in accordance with
the following schedule:
1. One (1) day per month of employment, but not to exceed ten (10) days Eighty
(80) hours per year during the first six (6) five (5) years of continuous service.
2. One hundred and one-half (1 ½) days per month of employment, but not to
exceed fifteen (15) days twenty (120) hours per year, beginning the seventh (7th)
sixth (6th) year of employment through fourteen (14) years of continuous
service.
3. Two (2) days, but not to exceed twenty (20) days One hundred sixty (160) hours
per year, beginning the fifteenth (15th) year of continuous service.
4. Effective 1, 2020, two and one-half (2 ½) days, not to exceed twenty-two and
one-half (22 ½) days One hundred eighty (180) hours per year, beginning upon
completion of twenty (20) years of continuous service.
5. Two and one-half (2 ½) days, not to exceed twenty five (25) days Two hundred
(200) hours per year, beginning upon completion of twenty four (24) years of
continuous service.
11. New Miscellaneous Article
2. The Employer will continue its practice of notifying the Union of new employees each
pay period. Each year, the Employer will share with the Union a schedule of the Employer’s new
employee orientation sessions. The Union will be provided thirty (30) minutes after each
orientation session to meet with prospective members.
Page 42 of 140
12. Article 29 – Holiday Provisions
Add: Juneteenth
13. Article 31 – Vacations
(b) 5. Vacation Leave shall not be cumulative and shall be taken during the
calendar year following the one in which it was earned. An employee may bank
up to forty (40) hours of vacation time annually, which may be rolled over from
year to year. Notification of such rollover shall be given in writing to the
employer per City policy.
6. The minimum increment for vacation use shall be four (4) one (1) hours
14. Article 25 – Overtime
(e) When a parking officers regular shift consists of a Sunday, the employees second day off
is the employee’s Sunday.
(f) No unscheduled overtime will be allowed. All overtime must be approved by the
supervisor prior to any overtime being worked.
15. Article 45 – Uniforms and Dry-Cleaning Allowance for Police Clerks and Parking Officers
Add: (B) Parking Officers shall be provided the following.
• Summer footwear and winter boots
• Pants and shorts
• Short sleeve and long sleeve shirts
• Nylon jacket (lightweight)
• Nylon jacket (winterweight)
• Mock turtlenecks
• Winter hat
• Ball cap
• Raincoat
• Dog spray container
16. Article 31 – Vacations
(j) Notwithstanding any other provisions in Article 31, an employee may convert up to 120
hours, per year, of unused vacation time to sick leave, per City policy. The City may promulgate
reasonable rules and forms to implement this provision.
17. Article 47 – Wage and Salary Schedule
Page 43 of 140
Add to existing language in (b)
Management may, at its sole discretion, start new hires up to a step 3 and may award merit
increases up to step 4.
18. Change references of “City” to “Employer”.
19. Use gender-neutral terms throughout CBA.
20. Article 36 – Defined Contribution Retirement Plan
(b) CONTRIBUTIONS. The City Employer shall contribute six percent (6%) of compensation. The
members in this plan may make a one-time election at the time of enrollment to either not
contribute or to contribute three percent (3%) of compensation. If the member elects to
contribute, then the City Employer shall match that contribution, dollar for dollar.
“Compensation” shall be Medicare taxable wages as reported on the employee’s W-2 Form.
(d) TRANSFERS FROM DEFINED BENEFIT PLAN. With respect to money transferred from the
Defined Benefit Plan, the affirmative election made by the defined benefit plan participant will
result in a transfer of the greater of the employee’s contributions to the Defined Benefit Plan
and the present value of the individual’s accrued benefit payable at their deferred retirement
date as a life annuity. If the defined benefit plan participant is eligible to receive an immediate
benefit, the transfer will be based upon the present value of the individual’s accrued benefit
payable immediately as a life annuity.
The defined benefit plan participants will be notified of their right to transfer to the Defined
Contribution Plan. Defined benefit plan participants shall have until April 30, 2006 to elect to
transfer. Failing to elect a transfer shall be deemed a refusal to transfer. A defined benefit plan
participant who elects to transfer shall terminate their participation in the Defined Benefit Plan
effective May 31, 2006. Assets shall be transferred as soon as possible and shall be based upon
the values specified above as of May 31, 2006. Contributions shall commence in the Defined
Contribution Plan with the pay period commencing May 21, 2006 with the first contribution
occurring in June, 2006.
Change (e) to (d)
21. Article 30 – Personal Leave Days
(b) After the first six (6) months After the first thirty (30) days of employment, each
employee shall be entitled to personal leave days on a pro rata basis for the remainder of the
calendar year in which they were hired.
(c) Personal leave days are not accumulative, but if not granted as time-off, they shall be
compensated as a day's pay. If not requested, the days shall be forfeited. This paragraph does
not apply to employees dismissed while on probation.
22. Article 1 RECOGNITION – EMPLOYEES COVERED
Page 44 of 140
Pursuant to and in accordance with all applicable provisions of Act 379 of the Public Acts
of 1965, as amended, the Employer does hereby recognize the Union as the exclusive
representative for the purpose of collective bargaining in respect to rates of pay, wages,
hours of employment, and other conditions of employment for the term of this
agreement of all employees of the Employer included in the bargaining unit described
below:
Customer Service Representative, Community and Neighborhood Services
Specialist Technician, Housing Maintenance Rehabilitation Counselor, Housing Project
Coordinator, Family Self Sufficiency Coordinator, FOIA Specialist, Parking Officer,
Rehabilitation Grant Specialist, Permit Technician, Community Development Specialist,
Section 8 Coordinator, and Tenant Affairs Specialist but excluding Supervisors,
Executives and confidential employees, the City Manager's Secretary Executive
Assistant, all Administrative Secretaries Assistants including the Administrative Secretary
Assistant to Personnel/Purchasing and Planning, Finance Clerks, Administrative Services
Supervisor – Department of Public Works, the Grants Coordinator in Community and
Neighborhood Services, Treasury Supervisor, Technology Support Specialist, Network
Administrator, Event Coordinator, Management Assistant – Finance, Income Tax
Auditor, Special Projects Coordinator, Police Records Supervisor, Police Community
Coordinator, Code Coordinator, Planner I, and Administrative Aide/Office Manager in
the Police Department, and effective January 1, 1995, the Deputy City Treasurer and
effective September 11, 1996, the Deputy City Clerk.
23. Article 25 OVERTIME
(d) For all hours accumulated between thirty-seven and one-half (37-1/2) hours and
forty (40) hours per week for employees working a 5-day work week and between
thirty-eight (38) hours and forty (40) hours per week for employees working a 4-day
work week, credit for actual time worked will be in the form of compensatory time off
at a straight time rate of one (1) hour for each hour worked. Any paid time or
compensatory time after 40 hours per week will be paid and/or accumulated at time-
and-one-half. Such accumulated time shall be used within the year it was
earned. Employees shall have the option to draw down their compensatory time bank,
subject to two (2) weeks’ notice to the Employer. Payment will be in regular paychecks
or may be deferred to the 457-retirement plan at the same time as other city
employees. Employees shall draw down at least twenty (20) hours at a time when the
employee requests payment for earned compensatory time employees shall be allowed
to carry over to the next year a maximum of 20 hours. Any time accrued over the 20
hours will be paid out to the employee at the end of the year. Compensatory time may
be used in thirty (30) minute increments upon 1-hour minimum notice to
supervisor. The use of compensatory time shall not cause the need for overtime.
Page 45 of 140
(e) When a parking officers regular shift consists of a Sunday, the employee’s
second day off is that employee’s Sunday.
(f) No unscheduled overtime will be allowed. All overtime must be approved by the
supervisor prior to any overtime being worked.
24. Article 30 – Personal Leave Days
(a) After the first year of employment, each employee shall be entitled to two (2) 16 hours
of personal leave time days per year subject to notice of twenty-four (24) at least one (1) hour in
advance of the date/time requested. Clerical employees will receive personal leave time as
stipulated in Article 29 (b).
25. Article 24 – Working Hours
(a) The normal workday for employees working a 5-day work week shall consist of
seven and one-half (7-1/2) hours per day. The normal workweek for employees working
a 5-day work week shall consist of thirty-seven and one-half (37-1/2) hours per week,
Monday through Friday. Work hours for employees at the Police Department Complaint
Records Desk will be between 6:00 a.m. and 7:00 p.m. Work hours for Parking
Enforcement shall be 7:00 am to 9:00 pm. Work hours for all other employees will be
between 7:30 a.m. and 6:00 5:30 p.m.
The normal workday for employees working a 4-day work week shall consist of nine and
one-half (9-1/2) hours per day. Their normal work week shall consist of thirty-eight (38)
hours per week, Monday through Thursdays unless their department maintains a 5-day
work week in which case the day off for each employee will rotate on a weekly basis.
Employees who work in a department that operates on a five-day schedule may choose
to work either 4 ten-hour days or 5 eight-hour days. Once an employee decides on a
work schedule, they cannot change that schedule unless they give the employer a
minimum notification of one full pay period and the Department Head approves the
change.
Notwithstanding anything else in this section, the use of non-mandatory flextime shall
be permitted so long as both the employee and the department head agree to the use
of the flextime. Flextime hours which are banked must be used or paid for in the next
pay period.
(b) Employees who work 4/10’s receives a 30-minute unpaid lunch and employees
who work 5/8’s receives one (1) hour unpaid off for lunch and may combine one or both
of their breaks with their lunch time. Once an employee decides to combine or not
combine, they cannot change that schedule unless they give the employer a minimum
notification of one (1) work week, unless there is an emergency.
Page 46 of 140
(c) Employees may take a fifteen (15) minute coffee break in the A.M., and also a
fifteen (15) minute coffee break in the P.M., or the first half and second half of their
regular shift, whichever may apply.
(d) If the normal hours are changed, the employees will be provided one (1) weeks’
notice, if possible.
26. Article 26 – Sick Leave
(g) The City Employer will allow use of up to twelve (12) days ninety-six (96) hours
per year for sick leave for injury or illness in an employee's immediate family which
requires presence away from work. Immediate family will include spouse, children,
dependent individual, grandchildren, parents, grandparents, and parents-in-law.
27. Article 47 – Wage and Salary Schedule
(d) Bi-Lingual Payment. Bi-lingual (including sign language) employees will receive
an annual payment of Four Hundred and Fifty Dollars ($450.00) payable at the end of
each calendar year. The payment is made as compensation for acting as a translator for
the City Employer. Such service performed by the employee will be limited to within
City Hall buildings, unless the employee consents to leave City Hall buildings. If at some
point such service ceases, so does the obligation to make the annual payment.
28. Article 47 – Wage and Salary Schedule
(b) Merit Pay Plan. Every employee covered by this Agreement shall each year be
evaluated by the Supervisor or Department Head using the current performance
evaluation form provided by the Civil Service Commission. Progression from one step to
the next higher step shall occur on the first day of the pay period commencing closest to
July 1 of each year. Progression from Step 1 through Step 4 shall occur if, and only if, the
employee receives a score of average or better on the performance evaluation form,
i.e., if the performance evaluation form is a five (5) point scale, the employee must
receive a three (3) or higher to move to the next step. After reaching step 4, progression
from one step to the next higher step shall occur automatically. Management may, at
its sole discretion, start new hires up to Step 3 any may award merit increases up to step
4.
29. Article 26 – Sick Leave
Page 47 of 140
(j) All employees who will be absent from work must call in to their supervisor by
the normal starting time, unless there is an emergency that makes such communication
impossible or when the safety of the employee, their family, or the public is of greater
priority and such emergency is supported by documentation. An employee who fails to
call in before the normal start time shall be disciplined as a Group 1 offense per Civil
Service Rules.
If an employee calls in on time but has no sick leave bank, the employee will be
disciplined unless the absence is authorized by evidencing a medical certificate as
defined in Article 26(i).
30. Article 27 – Worker’s Compensation
(b) Sick leave will be applied to lost time and deducted for service-connecting
disability other than that for which the employee receives Worker's Compensation
insurance benefits for lost time, only upon receipt of a statement signed by the City
Employer’s Physician to the effect that the injured employee is unable to perform the
regular duties or such other temporary task available in the framework of City Employer
functions, in which event said employee's earned sick leave shall be used at the rate of
one (1) eight (8) or ten (10) hours per sick leave day per the employee’s regular
schedule for each day of such service-connected disability until such sick leave
accumulation has been exhausted.
(c) An employee's absence from duty due to a service-connected disability for which
he/her they are is receiving Worker's Compensation benefits shall not be compensated
for or deducted from his/her their sick leave unless he/she they shall elect to be paid
the difference between the Worker's Compensation received by him/her them for such
service-connected disability and his/her their normal wage or salary; in which event,
said employee's earned sick leave shall be used at the rate of one-third (1/3) 2.67 or
3.33 hours of sick leave day (1/3 day) per the employee’s regular schedule for each day
of such service-connected disability until such sick leave accumulation has been
exhausted.
31. Article 7 – Grievance Procedure
STEP 2. If the grievance remains unsettled, it shall be presented by the Chairman of the
Union, in writing, to the City Manager or his their designate within ten (10) working days
after the response of Step 1 is due. The City Manager or his their designate shall sign
and date the chapter chairperson’s Chair’s copy. As soon as possible thereafter, if
requested by either party, but in any event no later than ten (10) working days, the City
Manager or his their designate shall schedule a meeting with the Union to discuss and
attempt to resolve the grievance. The City Manager or his their designate shall respond
in writing to the Chairman of the Union within ten (10) working days of the meeting.
Page 48 of 140
32. Article 26 – Sick Leave
(i). In the event a sick leave absence is not covered under a FMLA event or other
federally protected leaves, then the following applies to the sick leave absence:
A medical certificate shall be required in the absence of reasonable evidence of an
employee’s illness, an illness or injury in his/her their immediate family, or injury that
prevented his/her attendance at work for a period in excess of four (4) three (3) days
before compensation for the period will be allowed. A medical certificate may be
required in the absence of reasonable evidence of an employee’s illness or injury that
prevented his/her their attendance at work for any length of absence after an employee
has taken eight (8) separate periods of sick leave in any calendar year before
compensation for the period will be allowed. A “separate period” shall be defined as
any time away from work. However, in accruing the “eight (8) separate periods of sick
leave in any calendar year”, an employee will not have a “separate period” credited to
him if a medical certificate is provided as to such sick leave. Following eight (8) separate
periods of sick leave in any calendar year where the employee has failed to provide a
medical certificate, then each additional separate period of sick leave will be counted as
unauthorized and unpaid leave of absence unless the employee or a member of his/her
immediate family is subject to a severe or chronic illness of substantial duration. If sick
time is being used for school/family accommodation or to make up the difference
between an eight hour to a ten-hour day, this requirement does not apply.
A “medical certificate” shall either be a completed form provided by the City Employer
or a completed form from some other source, a qualified health professional stating the
reason for the sick leave. A supervisor has the right to refuse any form which is not the
City’s form request the Employer’s form (Employee’s Time Off – Request Form) be
completed in addition to any form completed by another source, and the employee
shall have two (2) work days to return the City Employer’s form. An original signature is
not required on the City’s Employer’s medical form.
The above information does not restrict or replace the Employer’s FMLA policy. If an
employee has FMLA or another qualifying event/leave, they should reference that
policy.
33. Article 28 – Bereavement
(a) In the event there is a death in the immediate family of an employee,
consisting only of spouse, domestic partner, parent, child, dependent individual, or
sibling, and the employee attends the funeral service, such shall be granted up to five
(5) forty (40) hours consecutive work days leave of absence with full pay. If the funeral
is on a Saturday or Sunday, the five (5) consecutive work days must commence
no sooner than the Wednesday prior to the funeral and extend no later than the
Wednesday after the funeral.
Page 49 of 140
In the event there is a death in the family of an employee, consisting only of ,
grandparent, brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law,
brother-in-law, sister-in-law or grandchild, and grandparent-in-law, and the employee
attends the funeral service, such shall be granted up to three (3) consecutive work days
(days are based on employee’s regularly worked schedule) leave of absence with full
pay. If the funeral is on a Saturday or Sunday, the three (3) consecutive work days must
commence no sooner than the Wednesday prior to the funeral and extend no later than
the Wednesday after the funeral.
In the event there is a death in the step family of an employee, consisting only of
step-parent, step-grandparent, step-child, step-brother, step-sister, step-mother-in-law,
step-father-in-law, step-son-in-law, step-daughter-in-law, step-brother-in-law,
step-sister-in-law, step-grandchild, and step-grandparent-in-law, and the employee
attends the funeral service, such shall be granted up to two (2) consecutive work days
leave of absence with full pay. If the funeral is on a Saturday or Sunday, the two (2)
consecutive work days must commence no sooner than the Thursday prior to the
funeral and extend no later than the Tuesday after the funeral.
An employee shall be granted one (1) day absence of regularly worked schedule with
pay in the event of a death in the family of such employee other than herein set forth,
which shall be taken on the day of the funeral; provided the employee attends the
funeral service. (Family includes in-laws, step, and foster iterations of the above
relations.)
Page 50 of 140
(b) There shall be no bereavement leave for friends, other than fellow
employees. Up to one (1) day special leave will be granted to attend funerals of fellow
employees. In the event a substantial number of employees of a particular department
would ask for time off to attend the funeral of a fellow employee, the needs of the
department will be of primary concern, the Department Head will consider the needs in
determining the number of employees to receive time off.
(c) Provided that twenty-four (24) hour notice is submitted, bereavement leave shall
be credited to the pay period in which it is taken.
(d) Up to five (5) days forty (40) hours of accumulated unused sick leave may be used
by an employee each year for bereavement leave in order to attend the funeral service
for any of those persons identified herein (in this Article), provided that the employee is
required to travel either outside the State of Michigan, or two hundred fifty (250) miles,
in order to attend the funeral service, and to provide documentation thereof.
(e) An employee may use (1) one regularly scheduled workday of the five (5) days of
the forty (40) hours (sick leave used for bereavement leave), set forth in (d) above, each
year to attend the funeral of a friend.
Upon approval of the City Manager, future bereavement leave requests may be granted
only if there is a later bereavement event (i.e., cremation service, celebration of life,
etc.) Such time will be deducted from the allotted time listed above.
34. Article 47 – Wages and Salary Schedule
2024 8%
2025 6%
2026 5%
2027 4%
35. Article 47 – Wages and Salary Schedule
Add: Step at top of scale (3% to current Step 10)
36. Article 33 – Employee Health Insurance
(a) Hospitalization
During the life of this Agreement, the employer will offer two plans to choose from to every
eligible employee. The plan the employee chooses will also cover his/her dependents.
Each eligible employee will have an opportunity to change options at the annual open
enrollment period, which is during the month of May with a June 1 effective date.
Page 51 of 140
PLAN NAME BENEFITS DETERMINED BY
HMO Subject to change by HMO
Self-funded Basic/MM Plan A Bargained Plan
MAJOR MEDICAL CAP LIFETIME MAXIMUM
Priori 01/01/1991 – 12/31/1996 $150,000
01/01/1997 – 12/31/19998 $225,000
01/01/1999 – Present $300,000
Employees shall contribute 10 percent (10%) of the healthcare premium of the applicable single, double,
or family plan applicable to that employee.
Dependent children required to be covered by the employee's health insurance carrier pursuant to a
court order shall be enrolled in the health plan per the date required by the court if the employee is
eligible and has signed up for employee health insurance benefits.
Dependents are eligible for health insurance until the end of the month in which they turn 26.
The City reserves the right to change, limit or eliminate the non-traditional health insurance providers.
Bargaining unit employees will receive, at a minimum, the same insurance plan/ benefit level as non-
union employees.
If the budget allows, the employer will continue to cover the deductible, but at a minimum pay the
deductible of $1,000 per individual and $2,000 per double or family, contingent upon employee and
spouse (if any) participating in the Wellness Program.
(a) Prescription
During the life of this agreement, the prescription drug copay for employees covered by the self-funded
/master medical plan shall be $20 for generic and $40 for brand name drugs.
During the life of this agreement, the prescription drug copay for employees covered under the HMO
shall be the amount determined by the HMO.
The drug rider shall be for and on behalf of the employees and their dependents including spouse.
(b) Retiree
For employees who leave City employment after January 1, 1989, except to the extent the employee
qualifies for immediate payable benefit from the General Employees' Retirement System, retiree health
benefits will as follows:
10 year of service - 50% of retiree health benefit
15 years of service - 75% of retiree health benefit
20 years of service - 100% of retiree health benefit
The City reserves the right to change, limit or eliminate non-traditional health insurance.
Page 52 of 140
Hire Date Prior to 01/01/2003 Benefit
Retiree underage 65 Retiree health insurance
Retiree over age 65 Supplemental insurance
Includes coverage for spouse and dependents at the time of retirement.
Hire Date After 01/01/2003 Benefit
Retiree under age 65 (Retiree ONLY) *Retiree health insurance
Retiree over age 65
*Only if retiree immediately qualifies for retirement benefits
Hire Date After 01/01/2009 Benefit
Retiree under/over age 65 **No Retiree insurance
**City and employee will each pay 3% of wages to a health care savings plan (HCSP).
Retiree Prescription Coverage Benefit
Retiree 01/01/1999 – 12/31/2005 $10 Generic/$15 Brand
Retiree 01/01/2006 – Present $20 Generic/$40 Brand
(b) Life Insurance
The employer agrees to pay the premiums for group term life insurance on the life of each employee in
the face amount equal to the annual salary of each employee, but not less than sixteen thousand five
hundred ($16,500) dollars.
(c) Dental and Vision Insurance
During the life of this agreement, the employer will provide and pay for a dental and vision plan for all
eligible employees, spouses, and dependents. The employer will pay a lifetime maximum of $2,000.00
for Orthodontia services.
(d) Long-term Disability Insurance
Effective January 1, 1999, the employer agrees to pay the premiums for long-term disability insurance,
with a benefit level consistent with that provided non-represented employees.
37. Article 35 – Deferred Compensation
The employer agrees to match employee contributions to the Internal Revenue Code Section
457 (Deferred Compensation) retirement plan on a $1 for $1 basis in the amount of $500 $2000
per employee per year.
The Employer will make a one-time contribution of $250.00 on January 1, 2019.
*Housekeeping
• Change necessary dates in “Agreement” and Article 51 and 52
Page 53 of 140
Page 54 of 140
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 12, 2023 Title: Water Filtration Plant VFD Purchase
Submitted by: Joe Buthker, Water Filtration Department: DPW- Water Filtration Plan
Supervisor
Brief Summary:
Staff is requesting authorization to purchase three Eaton variable frequency drives (VFDs) to replace existing
units at the Water Filtration Plant.
Detailed Summary & Background:
The sludge processing system at the Water Filtration Plant has four pumps, each with a variable frequency
drive (VFD) controller manufactured by Eaton. These VFDs were installed in 2004 and have reached the end
of their expected life. One of the four units failed last year and was replaced with a new unit from Eaton;
another is now showing signs of failing. Due to their age, staff recommends replacing the three remaining units
with Eaton VFDs. Other bids were not solicited at this time because of the major advantages to staying with
Eaton.
Eaton has a track record of providing the Water Filtration Plant with VFDs at a lower cost than other
manufacturers. The Water Filtration Plant has completed two projects in the last year which involved procuring
VFDs. For the replacement of the failed unit mentioned above, Eaton’s cost was $1,800-$4,300 cheaper than
others. Eaton was also the lowest-cost option for the two VFDs purchased as part of the electrical upgrades at
the Harvey Pump Station.
The existing VFDs are made by Eaton, so installation and startup costs will be minimized by remaining with
Eaton. Installation will be easier and less time-consuming due to the similarity of the wiring for power and
controls. The one unit already replaced had a relatively straight forward installation, and it integrated with our
plant control system without any reprogramming. In addition, by purchasing three units together, setup can be
completed in a single visit from the Eaton field technician, saving on startup costs.
Operations and maintenance will be more efficient if we keep all four units identical due to staff not needing to
learn how to operate and maintain different units. Installing identical units also means fewer spare parts need
to be kept on hand, troubleshooting is easier, and downtime is minimized.
The existing Eaton VFDs at the Water Filtration Plant have shown exceptional performance and reliability.
Nearly all the Water Filtration Plant’s VFDs (over 20) are made by Eaton. All of these units are approaching 20
years old, which is at or beyond the expected lifetime of this equipment. Of the few problems experienced with
these units, most were able to be fixed by our maintenance staff. This alone has saved thousands of dollars in
service calls over the last 20 years.
This purchase will be covered in the Water Filtration Plant’s equipment budget.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Sustainability in financial practices and infrastructure
Goal/Action Item:
Page 55 of 140
Action Item 2022 – 4.1 Identify specific major capital projects across all departments
Amount Requested: Budgeted Item:
$29,451.00 Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
591-558-977 Yes No X N/A
Recommended Motion:
I move to authorize staff to purchase three VFD units from Eaton at a cost of $29,451.00.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
No
Information Technology
Other Division Heads
Communication
Legal Review
Page 56 of 140
Page : 1 of 1
Expiration Date: 01/28/24
Quotation
TO: Project Info:
MUSKEGON (CITY OF) MI Project: MUSKEGON RECIRC PUMP
FILTRATION Job #: VFD'S WATER FILTRATION
ATTN JOSH PARMER Bid Date: 33703
1900 BEACH ST. Bid Time: 12/29/23
MUSKEGON, MI 49441 Quoter: 02:00 PM EST
BRIAN THOMPSON, 3055-EMUS
Type Quantity Vendor Description Unit or Lot# Unit Price Ext Price
TESTING 1 EATON CO EESS SITE TESTING EATON 29,451.000 29,451.00
RECIRC PUMP 1 EATON CO EGS0524B280GD02000+ EATON
1
RECIRC PUMP 1 EATON CO EGS0524B280GD02000+ EATON
2
RECIRC XFER 1 EATON CO EGS0524B280GD02000+ EATON
PUMP 1
This quotation is an offer to sell you the goods or services described herein on the terms set forth above and on
our Terms and Conditions of Sale which are available at https://www.kendallgroup.com/legal/t_and_c_sale. Your
order of any goods or services identified in this quotation constitutes your acceptance of our standard Terms and
Conditions of Sale. We object to any different or additional terms and reject any prior offers we received from
you. Prices expire on and are subject to change after thirty (30) days. Wire, conduit & pipe pricing valid for the
date of the quotation only. Opened, special order or non-stock items may not be returnable.
From:
KENDALL ELECTRIC
MAIN 231-773-6621 Total 29,451.00
1699 WIERENGO DR
MUSKEGON, MI 49442-5095 Notes
Printed By: BRIAN THOMPSON, 3055-EMUS
**** TAXES NOT INCLUDED ****
Brian Thompson
231.773.6621 x3055
12/1/2023 12:13:40 PM
Page 57 of 140
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 12, 2023 Title: Bad Debt
Submitted by: Jessica Rabe, Assistant Finance Department: Finance
Director
Brief Summary:
To write off old items from miscellaneous receivable system that has already been sent to collection service in
the previous year.
Detailed Summary & Background:
To write off old items from miscellaneous receivable system that has already been sent to collection service in
the previous year.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Decrease infrastructure burden on residents
Sustainability in financial practices and infrastructure
Increase revenue
Goal/Action Item:
Action Item 2022 – 4.4 Improve the budget process to maintain focus throughout the year
Amount Requested: Budgeted Item:
$37,810.00 Yes x No N/A
Fund(s) or Account(s): Budget Amendment Needed:
101, 203, 591, 643 Yes No x N/A
Recommended Motion:
TO APPROVE WRITE OFF OLD ITEMS ON THE MISCELLANEOUS RECEIVABLE SYSTEM THAT HAS
ALREADY BEEN SENT TO COLLECTION SERVICE IN PREVIOUS YEARS
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head X
No
Information Technology
Other Division Heads
Communication
Legal Review
Page 58 of 140
Page 59 of 140
Page 60 of 140
Page 61 of 140
Page 62 of 140
Page 63 of 140
Page 64 of 140
Page 65 of 140
Page 66 of 140
Page 67 of 140
Page 68 of 140
Page 69 of 140
Page 70 of 140
Page 71 of 140
Page 72 of 140
Page 73 of 140
Page 74 of 140
Page 75 of 140
Page 76 of 140
Page 77 of 140
Page 78 of 140
Page 79 of 140
Page 80 of 140
Page 81 of 140
Page 82 of 140
Page 83 of 140
Page 84 of 140
Page 85 of 140
Page 86 of 140
Page 87 of 140
Page 88 of 140
Page 89 of 140
Page 90 of 140
Page 91 of 140
Page 92 of 140
Page 93 of 140
Page 94 of 140
Page 95 of 140
Page 96 of 140
Page 97 of 140
Page 98 of 140
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 12, 2023 Title: FY24 DWRF Program Engineering Services
Submitted by: Dan VanderHeide, Public Works Department: Public Works
Director
Brief Summary:
Staff requests authorization to enter into two contracts with Prein & Newhof for a total of $526,400 for
engineering services related to lead service line replacements and elevated tank coating work.
Detailed Summary & Background:
The City is again fortunate to have been offered loans, grants and principal forgiveness through the FY24
Drinking Water Revolving Fund (DWRF) program through the State of Michigan Department of Environment,
Great Lakes & Energy (EGLE). Specifically, the City has been offered a combination of grants and principal
forgiveness totaling 50% funding, with the remaining 50% eligible for a 20-year loan at a 2% interest rate which
is well below market.
Although the City's project plan included many projects and all were funded under the DWRF program, staff
recommends taking advantage of a lesser amount of assistance due to the finances of the water fund and the
fact that the City was not selected for funding under the Clean Water State Revolving Fund (CWSRF) program
(the sanitary sewer equivalent). Lead service line replacements must continue due to state-mandated
replacement schedules, and the coating of the Nims elevated tank is a necessary expense the water fund
could not afford in the near future without this loan program. The other projects included in the program
consisted of projects that included sewer work which would not be eligible for assistance, and would also have
added a significant amount of debt to the system over the next 20 years. This is not to say the projects are not
valuable and needed, but it is an acknowledgment that only absolutely necessary projects are responsible at
this time.
The overall budget for the projects is $10,000,000 for lead service lines and $878,000 for the Nims tank work.
The debt service fee these projects would add to the water bill is estimated at $3.35 per month for a residential
account, and would begin impacting customer's bills in FY26. Portions of the engineering work required for
these projects are included in the 23/24 budget, and should they move forward the projects will continue to
have allocations included in the 24/25 and 25/26 fiscal years.
Prein & Newhof's proposals total $526,400. The staff has reviewed the proposals from Prein and Newhof and
feels they are the best suited firm to handle these projects based on their experience and their intimate
familiarity with our water system, the DWRF program, and their history of exemplary performance on similar
projects over the past several years. A qualifications-based process was used in 2019 that shortlisted Prein &
Newhof along with two other firms to provide engineering services for these projects for the next 5 years.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Action Item 2022 – 4.2 Take advantage of external revenue sources
Page 99 of 140
Amount Requested: Budgeted Item:
Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
591 (Water) Yes No X N/A
Recommended Motion:
I move to authorize staff to enter into two contracts with Prein & Newhof for a total of $526,400 for engineering
services related to lead service line replacements and elevated tank coating work.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head X
No
Information Technology
Other Division Heads X
Communication
Legal Review
Page 100 of 140
December 1, 2023
Mr. Dan VanderHeide, P.E.
City of Muskegon
Department of Public Works
1350 Keating Avenue
Muskegon, MI 49442
Re: Proposal for Professional Engineering Services for Drinking Water Revolving Fund (DWRF)
2024 Implementation for Lead Service Line Replacements
Dear Mr. VanderHeide:
We are submitting this proposal to provide professional engineering services to assist you with the
FY 2024 Lead Service Line replacement project. This project will be funded through the DWSRF
loan and grant you will be receiving through the Michigan Department of Environmental, Great
Lakes, and Energy (EGLE). The City will be receiving a total of $10,000,000 as follows:
Principal Forgiveness: $4,900,000
Loan: $5,100,000
Total: $10,000,000
It is our understanding that the funding will be used to replace approximately 870 lead/galvanized
water services. We have developed the following scope of services to assist you with engineering
design, bidding and construction phase services for this work. We assume that the construction will
be completed over a three-year period to provide optimal contractor availability, flexibility and the
best pricing opportunities.
Design Phase
• Develop priority list for lead service line replacements in conjunction with City staff
• Prepare maps showing replacement areas
• Review locations in the field with City staff, if needed
• Prepare/update project technical specifications including specific DWRF requirements
• Prepare bidding and contract documents needed to meet City of Muskegon and
EGLE/DWRF requirements
• Complete environmental and SHPO review as required by EGLE
• Review draft documents with EGLE staff and prepare final documents based on comments
from EGLE
• Assist City with communication with residents
• Assist City with Part I, II and III DWRF Application forms
Bidding Assistance
• Assist with advertising project to potential bidders
• Answer questions during bidding and issue addenda if needed
4910 Stariha Drive Muskegon, MI 49441 t. 231-798-0101 f. 231-798-0337 www.preinnewhof.com
R:\PRP - Proposal Preparation\City of Muskegon\2023-10-Lead Service Lines FY24 DWRF\prp 2023-12-01 LSL replacement.doc
Page 101 of 140
Mr. Dan VanderHeide, P.E.
December 1, 2023
Page 2
• Attend pre-bid meeting and prepare minutes
• Review and tabulate bids
• Review contractor references, if needed
• Provide Notice of Award documentation to City and EGLE for project award
• Assist with finalizing and distributing signed contracts
• Prepare Notice to Proceed
Construction Phase
• Schedule and attend preconstruction meeting and prepare minutes
• Track and review submittals
• Assist with resident communications
• Provide construction observation services – We have assumed up to 1100 hours of field
observation, 25 hours per week over 44 weeks.
• Schedule and attend periodic progress meetings (up to 3 per year) and prepare minutes for
each
• Project administration - Respond to RFIs, prepare payment applications and change orders –
assumes 5 hours per week during the construction period noted above
• Assist with DWRF administration submittals
• Prepare punch lists and close out documents
• Complete service record drawings and update City GIS following completion of project.
Fee
Based on the scope of work and assumptions described above, we propose to complete the work for a not
to exceed cost of $397,600. Our hourly rates are adjusted each January. We propose to work on a time
and expense basis. If the contractor does work in a shorter time than assumed, then our assumed hours
will be less. Once the construction contracts are awarded and a construction schedule is provided, we will
review the hours allocated for the construction phase services with you to determine whether adjustments
need to be made.
If this proposal is acceptable to you, we will prepare a Professional Services Agreement for you.
We look forward to working with you and your staff on this project. Should you have any questions,
please contact us.
Sincerely,
Prein&Newhof
Barbara E. Marczak, P.E. Jason M. Washler, P.E.
Enclosures: Estimated work effort/fee
R:\PRP - Proposal Preparation\City of Muskegon\2023-10-Lead Service Lines FY24 DWRF\prp 2023-12-01 LSL replacement.doc
Page 102 of 140
Professional Hours Worksheet
City of Muskegon DWRF - FY 24 Lead Service
Line Replacements
Sen. PM II PM Sen Eng II Sen Eng CADD/GIS Observer Office Tech Expense
Eng II
Staff Member Mileage Total Cost
Marczak MH Staff Staff Staff Staff TBD Van Kuik Item Cost
Design
Kick-off Meeting 3 3 3 20 $1,500
Environmental Review 10 10 Rare Species and SHPO
$5,000 $8,400
Water Service Research 5 40 40 10 $13,700
Lead Service Line Priority List 2 10 40 40 20 10 $17,300
Lead Service Specifications 4 5 15 20 $6,600
Review Meeting (1) 2 2 4 20 $1,300
Bidding Documents 5 2 10 10 Prints $500 $4,700
Cost Estimates 1 5 5 40 $7,100
QA/QC 2 2 $700
Part I, II, and III DWRF Applications 60 4 $12,300
Design Subtotals 79 38 127 160 0 30 0 10 $5,500 40 $73,600
Bid, Award, and Contract Phase
Advertise and Issue Bid Package 2 1 $400
Prebid Meeting/Minutes/Bidder Questions 2 2 5 $1,500
Addenda 1 4 1 $900
Attend Bid Opening 2 2 20 $700
Review Bids/Recommend Award 2 2 4 2 $1,500
Notice to Proceed / Contract Documents 2 2 Prints $300 $800
Bid, Award, and Contract Phase Subtotals 6 9 15 0 0 0 0 6 $300 20 $5,800
Construction Engineering Services
Preconstruction Meetings and Minutes 2 4 4 60 $1,700
Track and Review Submittals 10 20 $4,500
LSL Observation Year (44 weeks @ 25 hr/week) 1100 Prints/Misc $700 3,000 $128,300
Project Administration/DWRF Assistance (30 months) 60 160 200 $66,500
Respond to RFIs 20 20 $6,100
Change Orders (4) 16 60 $11,200
Pay Apps (10) 20 40 $9,000
Progress Meetings/Minutes (assume 10) 10 20 40 50 $11,000
Punch List Visits/Follow up (5) 6 20 20 100 $6,200
Record Plans/GIS update/Closeout 2 30 50 10 80 40 $30,400
Rate Adjustment over 3 years $43,300
Construction Engineering Subtotals 74 286 50 414 80 1160 0 $700 3,210 $318,200
Project Grand Total 159 333 192 160 414 110 1,160 16 0 6,500 3,270 $397,600
Page 1 of 1
Page 103 of 140
Project No.
Professional Services Agreement
This Professional Services Agreement is made this 1st day of December, 2023 (“Agreement”) by
and between Prein & Newhof, Inc. (“P&N”), of 3355 Evergreen Drive, NE, Grand Rapids, MI
49525, and City of Muskegon (“Client”), of 933 Terrace Street, Muskegon, MI 49443.
WHEREAS Client intends to:
Implement Lead Service Line Replacement under the FY24 Drinking Water Revolving Loan
Fund. Approximately 870 services.
NOW THEREFORE, for and in consideration of the terms and conditions contained herein, the
parties agree as follows:
ARTICLE 1 – DESIGNATED REPRESENTATIVES
Client and P&N each designate the following individuals as their representatives with respect to
the Project.
For Client For P&N
Name: Dan Vander Heide, P.E. Name: Barbara Marczak, P.E.
Title: Director of Public Works Title: Team Leader
Phone Number: 231-724-4100 Phone Number: 231-798-0101
Facsimile Number: 231-722-4188 Facsimile Number: 231-798-0337
E-Mail Address: [email protected] E-Mail Address: [email protected]
ARTICLE 2 – GENERAL CONDITIONS
This Agreement consists of this Professional Services Agreement and the following documents
which by this reference are incorporated into and made a part of this Agreement.
☐ P&N Standard Terms and Conditions for Professional Services
☒ P&N Proposal dated December 1, 2023
☒ P&N Standard Rate Schedule
☐ P&N Supplemental Terms and Conditions
☒ Other: P&N Modified Standard Terms and Conditions for Professional Services (Limitation
of Liability)
ARTICLE 3 – ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT:
3355 Evergreen Drive, NE Grand Rapids, MI 49525 t.616-364-8491 f. 616-364-6955 www.preinnewhof.com
Page 1 of 2
Template date: January 15, 2016 R:\PRP - Proposal Preparation\City of Muskegon\2023-10-Lead Service Lines FY24 DWRF\PSA agm 2023-12-01 City of Muskegon LSL.docx
Page 104 of 140
Client hereby requests, and P&N hereby agrees to provide, the following services:
☒ P&N Scope of Services per Proposal dated December 1, 2023
☐ Scope of Services defined as follows:
NA
ARTICLE 4 – COMPENSATION:
☐ Lump Sum for Services Described in Article 3 above - $.
Additional services to be billed per P&N’s Standard Rate Schedule in effect on the date
the additional service are performed.
☐ Hourly Billing Rates plus Reimbursable Expenses per P&N’s Standard Rate Schedule in effect
on the date services are performed.
☒ Other: Hourly rates and expenses as described in the December 1, 2023 proposal. Maximum
not to exceed $397,600 without City of Muskegon authorization.
ARTICLE 5 – ADDITIONAL TERMS (If any)
None
This Agreement constitutes the entire Agreement between P&N and Client and supersedes all prior
written or oral understandings. This Agreement may not be altered, modified or amended, except
in writing properly executed by authorized representatives of P&N and Client.
Accepted for: Accepted for:
Prein&Newhof, Inc. City of Muskegon
Digitally signed by Jason Washler
DN: C=US, [email protected],
By: Jason Washler OU=Prein&Newhof, CN=Jason Washler
Date: 2023.12.04 10:23:51-05'00' By:
Printed Name: Jason Washler, P.E. Printed Name: Dan Vander Heide, P.E.
Title: Vice President Title: Director of Public Works
Date: Date:
Page 2 of 2
Template date: January 15, 2016 R:\PRP - Proposal Preparation\City of Muskegon\2023-10-Lead Service Lines FY24 DWRF\PSA agm 2023-12-01 City of Muskegon LSL.docx
Page 105 of 140
Standard Terms & Conditions
A. General - As used in this Prein&Newhof Standard Terms and Conditions for Professional Services (hereinafter “Terms and
Conditions”), unless the context otherwise indicates: the term “Agreement” means the Professional Services Agreement
inclusive of all documents incorporated by reference including but not limited to this P&N Standard Terms and Conditions
for Professional Services; the term “Engineer” refers to Prein & Newhof, Inc.; and the term “Client” refers to the other party
to the Professional Services Agreement.
These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of
the State of Michigan.
B. Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under
the Agreement will be the care and skill ordinarily used by members of Engineer’s profession of ordinary learning, judgment
or skill practicing under the same or similar circumstances in the same or similar community, at the time the services are
provided.
C. Disclaimer of Warranties - Engineer makes no warranties, expressed or implied, under the Agreement or otherwise.
D. Construction/Field Observation - If Client elects to have Engineer provide construction/field observation, client
understands that construction/field observation is conducted to reduce, not eliminate the risk of problems arising during
construction, and that provision of the service does not create a warranty or guarantee of any type. In all cases, the
contractors, subcontractors, and/or any other persons performing any of the construction work, shall retain responsibility for
the quality and completeness of the construction work and for adhering to the plans, specifications and other contract
documents.
E. Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for
construction means, methods, techniques, sequences, or procedures, or for any safety precautions and programs in
connection with the construction work, for the acts or omissions of the Contractor, Subcontractors, or any other persons
performing any of the construction work, or for the failure of any of them to carry out the construction work in accordance
with the plans, specifications or other contract documents.
F. Opinions of Probable Costs - Client acknowledges that Engineer has no control over market or contracting conditions and
that Engineer’s opinions of costs are based on experience, judgment, and information available at a specific period of time.
Client agrees that Engineer makes no guarantees or warranties, express or implied, that costs will not vary from such
opinions.
G. Client Responsibilities
1. Client shall provide all criteria, Client Standards, and full information as to the requirements necessary for Engineer to
provide the professional services. Client shall designate in writing a person with authority to act on Client’s behalf on all
matters related to the Engineer’s services. Client shall assume all responsibility for interpretation of contract documents
and construction observation/field observation during times when Engineer has not been contracted to provide such
services and shall waive any and all claims against Engineer that may be connected thereto.
2. In the event the project site is not owned by the Client, the Client must obtain all necessary permission for Engineer to
enter and conduct investigations on the project site. It is assumed that the Client possesses all necessary permits and
licenses required for conducting the scope of services. Access negotiations may be performed at additional costs.
Engineer will take reasonable precaution to minimize damage to land and structures with field equipment. Client
assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to
Engineer’s performance of services.
3. The Client, on behalf of all owners of the subject project site, hereby grants permission to the Engineer to utilize a small
unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition. The Client is responsible to provide
required notifications to the property owners of the subject project site and affected properties where the sUAS services
will be performed. The Engineer will operate the sUAS in accordance with applicable State and Federal Laws.
H. Hazardous or Contaminated Materials/Conditions
1. Client will advise Engineer, in writing and prior to the commencement of its services, of all known or suspected
Hazardous or Contaminated Materials/Conditions present at the site.
2. Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated
Materials/Conditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate
its services. Engineer and Client also agree that the discovery of said Materials/Conditions may make it necessary for
Engineer to take immediate measures to protect health, safety, and welfare of those performing Engineer’s services.
Client agrees to compensate Engineer for any costs incident to the discovery of said Materials/Conditions.
3. Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site. Similarly, a site
page 1 of 3
M:\Administrative\I-Standard Documents Creation\1a - Agreements T&C\Standard Terms and Conditions - Public Entities 2023
(updated March 29, 2023) Page 106 of 140
which is in fact unaffected by contaminants at the time of Engineer’s surface or subsurface exploration may later, due to
natural phenomena or human intervention, become contaminated. The Client waives any claim against Engineer, and
agrees to defend, indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that
Engineer does not detect the presence of contaminants through techniques commonly employed.
4. The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the
laws pertaining to environmental issues, Engineer cannot offer legal advice to the Client. Engineer urges that the Client
seek legal assistance from a qualified attorney when such assistance is required. Furthermore, the Client is cautioned to
not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal
representation of environmental law or practice.
5. Unless otherwise agreed to in writing, the scope of services does not include the analysis, characterization or disposal of
wastes generated during investigation procedures. Should such wastes be generated during this investigation, the Client
will contract directly with a qualified waste hauler and disposal facility.
I. Underground Utilities – To the extent that the Engineer, in performing its services, may impact underground utilities,
Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the
services for which Engineer has been contracted, including contacting the appropriate underground utility locating entities
and reviewing utility drawings provided by others. Engineer will take reasonable precautions to avoid damage or injury to
underground utilities and other underground structures. Client agrees to hold Engineer harmless for any damages to below
ground utilities and structures not brought to Engineers attention and/or accurately shown or described on documents
provided to Engineer.
J. Insurance
1. Engineer will maintain insurance for professional liability, general liability, worker’s compensation, auto liability, and
property damage in the amounts deemed appropriate by Engineer. Client will maintain insurance for general liability,
worker’s compensation, auto liability, and property damage in the amounts deemed appropriate by Client. Upon request,
Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages.
2. Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as
specified in project contract documents. Client shall cause Engineer, Engineer’s consultants, employees, and agents to be
listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer
provides services. Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect
that, in the event of payment of any loss or damages, subrogation rights under these Terms and Conditions are hereby
waived by the insurer with respect to claims against Engineer.
K. Limitation of Liability - The total liability, in the aggregate, of Engineer and Engineer’s officers, directors, partners,
employees, agents, and consultants, whether jointly, severally or individually, to Client and anyone claiming by, through, or
under Client, for any and all injuries, losses, damages and expenses, whatsoever, arising out of, resulting from, or in any
way related to the Project or the Agreement, including but not limited to the performance of services under the Agreement,
from any cause or causes whatsoever, including but not limited to the negligence, professional errors or omissions, strict
liability or breach of contract or warranty, expressed or implied, of Engineer or Engineer’s officers, directors, partners,
employees, agents, consultants, or any of them, shall not exceed the amount of the compensation paid to Engineer under this
Agreement, or the sum of fifty thousand dollars and no cents ($50,000.00), whichever is less. Recoverable damages shall be
limited to those that are direct damages. Engineer shall not be responsible for or held liable for special, indirect or
consequential losses or damages, including but not limited to loss of use of equipment or facility, and loss of profits or
revenue.
Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or
omission of any director, officer, or employee of Engineer, in the execution or performance of the Agreement, shall be made
against Engineer and not against such director, officer, or employee.
L. Documents and Data
1. All documents prepared or furnished by Engineer under the Agreement are Engineer’s instruments of service, and are
and shall remain the property of Engineer.
2. Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format. Client
recognizes that data provided in electronic format can be corrupted or modified by the Client or others, unintentionally or
otherwise. Consequently, the use of any data, conclusions or information obtained or derived from electronic media
provided by Engineer will be at the Client’s sole risk and without any liability, risk or legal exposure to Engineer, its
employees, officers or consultants.
3. Any extrapolations, conclusions or assumptions derived by the Client or others from the data provided to the Client,
either in hard copy or electronic format, will be at the Client’s sole risk and full legal responsibility.
page 2 of 3
M:\Administrative\I-Standard Documents Creation\1a - Agreements T&C\Standard Terms and Conditions - Public Entities 2023
(updated March 29, 2023) Page 107 of 140
M. Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test
locations used by Engineer as the basis of its design. Consequently, Engineer does not guarantee or warrant that actual site
conditions will not vary from those used as the basis of Engineer’s design, interpretations and recommendations. Engineer is
not responsible for any costs or delays attributable to differing site conditions. .
N. Terms of Payment - Unless alternate terms are included in the Agreement, Client will be invoiced on a monthly basis until
the completion of the Project. All monthly invoices are payable within 30 days of the date of the invoice. Should full
payment of any invoice not be received within 30 days, the amount due shall bear a service charge of 1.5 percent per month
or 18 percent per year plus the cost of collection, including reasonable attorney’s fees. If Client has any objections to any
invoice submitted by Engineer, Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice.
Unless otherwise agreed, Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of
service performance. Outside costs such as, but not limited to, equipment, meals, lodging, fees, and subconsultants shall be
actual costs plus 10 percent. In addition to any other remedies Engineer may have, Engineer shall have the absolute right to
cease performing any services in the event payment has not been made on a current basis.
O. Termination - Either party may terminate services, either in part or in whole, by providing 10 calendar days written notice
thereof to the other party. In such an event, Client shall pay Engineer for all services performed prior to receipt of such
notice of termination, including reimbursable expenses, and for any shut–down costs incurred. Shut–down costs may, at
Engineer’s discretion, include expenses incurred for completion of analysis and records necessary to document Engineer’s
files and to protect its professional reputation.
P. Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under
any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon
Client and P&N, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a
valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Non-
enforcement of any provision by either party shall not constitute a waiver of that provision, nor shall it affect the
enforceability of that provision or of the remainder of the Agreement.
Q. Dispute Resolution - If a dispute arises between the parties relating to the Agreement, the parties agree to use the following
procedure prior to either party pursuing other available remedies:
1. Prior to commencing a lawsuit, the parties must attempt mediation to resolve any dispute. The parties will jointly appoint
a mutually acceptable person not affiliated with either of the parties to act as mediator. If the parties are unable to agree
on the mediator within twenty (20) calendar days, they shall seek assistance in such regard from the Circuit Court of the
State and County wherein the Project is located, who shall appoint a mediator. Each party shall be responsible for paying
all costs and expenses incurred by it, but shall split equally the fees and expenses of the mediator. The mediation shall
proceed in accordance with the procedures established by the mediator.
2. The parties shall pursue mediation in good faith and in a timely manner. In the event the mediation does not result in
resolution of the dispute within thirty (30) calendar days, then, upon seven (7) calendar days’ written notice to the other
party, either party may pursue any other available remedy.
3. In the event of any litigation arising from the Agreement, including without limitation any action to enforce or interpret
any terms or conditions or performance of services under the Agreement, Engineer and Client agree that such action will
be brought in the District or Circuit Court for the County of Kent, State of Michigan (or, if the federal courts have
exclusive jurisdiction over the subject matter of the dispute, in the U.S. District Court for the Western District of
Michigan), and the parties hereby submit to the exclusive jurisdiction of said court.
R. Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called
for under the Agreement resulting from any cause beyond Engineer’s reasonable control.
S. Assignment - Neither party shall assign its rights, interests or obligations under this Agreement without the express written
consent of the other party.
T. Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is
sought to be enforced.
U. Survival - All express representations, indemnifications, or limitations of liability included in the Agreement shall survive
its completion or termination for any reason.
V. Third-Party Beneficiary - Client and Engineer agree that it is not intended that any provision of this Agreement establishes
a third-party beneficiary giving or allowing any claim or right of action whatsoever by a third party.
W. Fee Escalation - Engineer’s fees are based on its billing rates, which are adjusted annually. For multi-year projects,
Engineer’s fees incorporate an estimate of future billing rates. If inflation causes actual billing rates to exceed these
estimates, Engineer reserves the right to adjust its fees accordingly.
page 3 of 3
M:\Administrative\I-Standard Documents Creation\1a - Agreements T&C\Standard Terms and Conditions - Public Entities 2023
(updated March 29, 2023) Page 108 of 140
December 1, 2013
Mr. Dan VanderHeide, P.E.
City of Muskegon
Department of Public Works
1350 Keating Avenue
Muskegon, MI 49442
Re: Proposal for Professional Engineering Services for FY 24 DWRF Implementation – Nims
Elevated Water Storage Tank
Dear Mr. VanderHeide:
We appreciate this opportunity to provide a proposal for professional engineering services to assist
you with your Drinking Water State Revolving Loan Fund projects for Fiscal Year 2024.
The specific projects that the City is moving forward with include improvements to the Nims
Elevated Water Storage Tank and the replacement of Lead Water Service Lines. The proposal below
is only for the elevated tank project. A separate proposal is being provided for the water service
replacement project. This will allow you to track the costs separately, which will be required under
the DWSRF funding that you will be receiving.
We assume that the City will follow the 3.5 or 4th quarter funding schedule, which requires project
documents to be completed and ready for bidding by spring 2024. Construction will likely occur
during 2025 construction season.
The City will be receiving $878,000 for the Nims Storage Tank Project as follows:
• $539,000 – ARP grant
• $339,000 – DWSRF loan at 2 % interest rate
The project includes the following:
• Install new tank mixer.
• Install drainage holes in balcony and possibly replacement of handrail, which does not meet
current OSHA requirements.
• Install rigging couplings on bowl of tank for safety line attachments.
• Install screened flap gate on overflow discharge pipe.
• Install new frost-free pressure vacuum vent.
• Replace sidewall roof ladder with vertical ladder and step off platform to meet safety
requirements.
• Exterior overcoat.
4910 Stariha Drive Muskegon, MI 49441 t. 231-798-0101 f. 231-798-0337 www.preinnewhof.com
R:\PRP - Proposal Preparation\City of Muskegon\2023-09-29 FY 2024 DWRF\FY 2024 Tank Project\prp 2023-12-01 Vanderheide.doc
Page 109 of 140
Mr. Dan VanderHeide
December 1, 2023
Page 2
We propose the following scope of work:
Preliminary Design
• Kick-off meeting with City
• Gather and review record plans pertinent to the proposed project;
• Complete environmental and historical (SHPO) reviews as required for Federal funding;
Design and Bidding Phase
• Define final scope of project
• Prepare project specifications including specific DWSRF requirements;
• Prepare bidding packages and contract documents
• Attend one design review meeting;
• Prepare and submit permit applications (City to pay any permit fees);
• Prepare opinion of probable cost based on final design;
• Prepare Alternative Justifiable Expense (AJE), if needed;
• Assist City with advertising for bids, provide responses to questions, prepare addenda;
• Attend pre-bid meeting and prepare minutes;
• Review bids, prepare bid tabulations, and provide recommendations;
• Assist City with Parts I, II, and III DWSRF forms and administration;
• Prepare Notice of Award and Notice to Proceed; and
• Assist City with preparing final contracts for signing by Contractor
Construction Phase
• Schedule and attend preconstruction meeting and prepare minutes;
• Track and review shop drawings;
• Provide construction observation for tank painting
• Schedule and attend progress meetings as needed, and prepare minutes for each;
• Respond to RFIs and prepare payment applications and change orders;
• Assist with DWSRF administration and documentation;
• Prepare punch list and close out documents
• Provide one year tank inspection of paint.
Dixon Engineering, which performed the tank inspection, will be our subconsultant on this project. They
will assist in preparing the technical specifications and will perform inspections of the paint coating
process and provide any needed testing.
Fee
Based on the scope of work described above, we propose to complete the work for a not to exceed cost of
$128,800. Our estimated time/work level of effort is attached. Our hourly rates are adjusted each
January. Given the current labor and inflation climate, we have included an increase of 5% in hourly
rates in 2024 and 2025.
R:\PRP - Proposal Preparation\City of Muskegon\2023-09-29 FY 2024 DWRF\FY 2024 Tank Project\prp 2023-12-01 Vanderheide.doc
Page 110 of 140
Mr. Dan VanderHeide
December 1, 2023
Page 3
Thank you for the opportunity to provide this proposal. Please contact us if you have any questions.
Sincerely,
Prein&Newhof
Barbara E. Marczak, P.E. Jason Washler, P.E.
Enclosures: Estimated work effort/fee, Professional Services Agreement
R:\PRP - Proposal Preparation\City of Muskegon\2023-09-29 FY 2024 DWRF\FY 2024 Tank Project\prp 2023-12-01 Vanderheide.doc
Page 111 of 140
Professional Hours Worksheet
City of Muskegon - DWRF 2024
Sen. PM II Sen. PM II Sen. PM PM Sen Eng II Eng. Sen Tech V Sen. Observer Observer II Geotech PM Survey Office Tech Expense
Staff Member Mileage Total Cost
Marczak Staff Hulst Staff Staff Staff TBD TBD JC Staff Van Kuik Item Cost
Preliminary Design
Kickoff Meeting 3 3 35 $1,000
Preliminary Engineering 10 10 5 $4,000
SHPO 8 Orbis $2,000.00 $3,400
Environmental Clearances 2 1 1 6 $500.00 $2,200
SRF Admin 8 5 $2,300
Preliminary Subtotals 23 1 0 27 0 5 0 0 0 6 0 0 $2,500 35 $12,900
Design
Specifications and contract documents 4 10 20 10 Dixon $15,000.00 15 $22,700
Meeting w/ Client (1) 3 3 15 $1,000
Cost Estimate 2 3 2 $1,100
QA/QC 4 8 2 4 2 $3,400
2024 Rates Adjustment $1,400
Design Subtotals 13 8 0 18 20 2 4 2 0 0 0 10 $15,000 30 $29,600
Bid, Award, and Contract Phase
Advertise and Issue Bid Package 2 5 15 $2,400
Bidder Questions 5 Dixon Eng. $1,000.00 $1,900
Pre-bid Meeting 2 20 $300
Addenda 2 5 2 $1,100
Attend Bid 1 20 $200
Review Bids/Recommend Award 4 2 5 2 $1,800
Prepare Contracts-DWSRF admin. 20 1 5 5 Printing $500.00 $5,500
2024 Rates Inflation $700
Bid, Award, and Contract Phase Subtotals 24 0 0 15 0 20 0 0 0 0 0 24 $1,500 40 $13,900
Page 1 of 2
Page 112 of 140
Professional Hours Worksheet
City of Muskegon - DWRF 2024
Sen. PM II Sen. PM II Sen. PM PM Sen Eng II Eng. Sen Tech V Sen. Observer Observer II Geotech PM Survey Office Tech Expense
Staff Member Mileage Total Cost
Marczak Staff Hulst Staff Staff Staff TBD TBD JC Staff Van Kuik Item Cost
Construction Engineering Services
Preconstruction Meeting and Minutes 2 2 3 20 $1,100
Construction Observation 10 20 Dixon Eng. $34,000.00 $41,900
Project Administration 10 10 40 $9,200
Respond to RFIs 1 2 $400
Change Orders (2) 2 10 $1,800
Pay Apps (2) 2 10 $1,800
Progress Meetings (1) 2 2 5 30 $1,400
Punch List Visits (1) 1 2 2 30 $700
Record Plans/Closeout 2 1 5 4 $1,700
2025 Rate Adjustment $12,400
Construction Engineering Subtotals 16 0 0 31 97 0 0 0 6 0 0 0 $34,000 80 $72,400
Project Grand Total 52 9 0 91 117 27 4 2 6 6 0 34 $53,000 185 $128,800
Page 2 of 2
Page 113 of 140
Project No.
Professional Services Agreement
This Professional Services Agreement is made this 4th day of December, 2023 (“Agreement”) by
and between Prein & Newhof, Inc. (“P&N”), of 3355 Evergreen Drive, NE, Grand Rapids, MI
49525, and City of Muskegon (“Client”), of 933 Terrace Street, Muskegon, MI 49443.
WHEREAS Client intends to:
Implement DWSRF FY 2024 project – Nims Elevated Storage Tank improvements and painting.
NOW THEREFORE, for and in consideration of the terms and conditions contained herein, the
parties agree as follows:
ARTICLE 1 – DESIGNATED REPRESENTATIVES
Client and P&N each designate the following individuals as their representatives with respect to
the Project.
For Client For P&N
Name: Dan Vander Heide, P.E. Name: Barbara Marczak, P.E.
Title: Director of Public Works Title: Team Leader
Phone Number: 231-724-4100 Phone Number: 231-798-0101
Facsimile Number: 231-722-4188 Facsimile Number: 231-798-0337
E-Mail Address: [email protected] E-Mail Address: [email protected]
ARTICLE 2 – GENERAL CONDITIONS
This Agreement consists of this Professional Services Agreement and the following documents
which by this reference are incorporated into and made a part of this Agreement.
☐ P&N Standard Terms and Conditions for Professional Services
☒ P&N Proposal dated December 1, 2023
☒ P&N Standard Rate Schedule
☐ P&N Supplemental Terms and Conditions
☒ Other: P&N Modified Standard Terms and Conditions for Professional Services (Limitation
of Liability)
ARTICLE 3 – ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT:
3355 Evergreen Drive, NE Grand Rapids, MI 49525 t.616-364-8491 f. 616-364-6955 www.preinnewhof.com
Page 1 of 2
Template date: January 15, 2016 R:\PRP - Proposal Preparation\City of Muskegon\2023-09-29 FY 2024 DWRF\FY 2024 Tank Project\PSA agm 2023-12-01 City of Muskegon.docx
Page 114 of 140
Client hereby requests, and P&N hereby agrees to provide, the following services:
☒ P&N Scope of Services per Proposal dated December 1, 2023
☐ Scope of Services defined as follows:
NA
ARTICLE 4 – COMPENSATION:
☐ Lump Sum for Services Described in Article 3 above - $.
Additional services to be billed per P&N’s Standard Rate Schedule in effect on the date
the additional services are performed.
☐ Hourly Billing Rates plus Reimbursable Expenses per P&N’s Standard Rate Schedule in effect
on the date services are performed.
☒ Other: Hourly rates and expenses as described in December 1, 2023 proposal. Maximum not
to exceed $128,800 without City of Muskegon authorization.
ARTICLE 5 – ADDITIONAL TERMS (If any)
None
This Agreement constitutes the entire Agreement between P&N and Client and supersedes all prior
written or oral understandings. This Agreement may not be altered, modified or amended, except
in writing properly executed by authorized representatives of P&N and Client.
Accepted for: Accepted for:
Prein&Newhof, Inc. City of Muskegon
Digitally signed by Jason Washler
DN: C=US,
Jason Washler [email protected],
By: OU=Prein&Newhof, CN=Jason Washler
Date: 2023.12.04 10:22:47-05'00' By:
Printed Name: Jason Washler, P.E. Printed Name: Dan Vander Heide, P.E.
Title: Vice President Title: Director of Public Works
Date: Date:
Page 2 of 2
Template date: January 15, 2016 R:\PRP - Proposal Preparation\City of Muskegon\2023-09-29 FY 2024 DWRF\FY 2024 Tank Project\PSA agm 2023-12-01 City of Muskegon.docx
Page 115 of 140
Standard Terms & Conditions
A. General - As used in this Prein&Newhof Standard Terms and Conditions for Professional Services (hereinafter “Terms and
Conditions”), unless the context otherwise indicates: the term “Agreement” means the Professional Services Agreement
inclusive of all documents incorporated by reference including but not limited to this P&N Standard Terms and Conditions
for Professional Services; the term “Engineer” refers to Prein & Newhof, Inc.; and the term “Client” refers to the other party
to the Professional Services Agreement.
These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of
the State of Michigan.
B. Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under
the Agreement will be the care and skill ordinarily used by members of Engineer’s profession of ordinary learning, judgment
or skill practicing under the same or similar circumstances in the same or similar community, at the time the services are
provided.
C. Disclaimer of Warranties - Engineer makes no warranties, expressed or implied, under the Agreement or otherwise.
D. Construction/Field Observation - If Client elects to have Engineer provide construction/field observation, client
understands that construction/field observation is conducted to reduce, not eliminate the risk of problems arising during
construction, and that provision of the service does not create a warranty or guarantee of any type. In all cases, the
contractors, subcontractors, and/or any other persons performing any of the construction work, shall retain responsibility for
the quality and completeness of the construction work and for adhering to the plans, specifications and other contract
documents.
E. Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for
construction means, methods, techniques, sequences, or procedures, or for any safety precautions and programs in
connection with the construction work, for the acts or omissions of the Contractor, Subcontractors, or any other persons
performing any of the construction work, or for the failure of any of them to carry out the construction work in accordance
with the plans, specifications or other contract documents.
F. Opinions of Probable Costs - Client acknowledges that Engineer has no control over market or contracting conditions and
that Engineer’s opinions of costs are based on experience, judgment, and information available at a specific period of time.
Client agrees that Engineer makes no guarantees or warranties, express or implied, that costs will not vary from such
opinions.
G. Client Responsibilities
1. Client shall provide all criteria, Client Standards, and full information as to the requirements necessary for Engineer to
provide the professional services. Client shall designate in writing a person with authority to act on Client’s behalf on all
matters related to the Engineer’s services. Client shall assume all responsibility for interpretation of contract documents
and construction observation/field observation during times when Engineer has not been contracted to provide such
services and shall waive any and all claims against Engineer that may be connected thereto.
2. In the event the project site is not owned by the Client, the Client must obtain all necessary permission for Engineer to
enter and conduct investigations on the project site. It is assumed that the Client possesses all necessary permits and
licenses required for conducting the scope of services. Access negotiations may be performed at additional costs.
Engineer will take reasonable precaution to minimize damage to land and structures with field equipment. Client
assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to
Engineer’s performance of services.
3. The Client, on behalf of all owners of the subject project site, hereby grants permission to the Engineer to utilize a small
unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition. The Client is responsible to provide
required notifications to the property owners of the subject project site and affected properties where the sUAS services
will be performed. The Engineer will operate the sUAS in accordance with applicable State and Federal Laws.
H. Hazardous or Contaminated Materials/Conditions
1. Client will advise Engineer, in writing and prior to the commencement of its services, of all known or suspected
Hazardous or Contaminated Materials/Conditions present at the site.
2. Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated
Materials/Conditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate
its services. Engineer and Client also agree that the discovery of said Materials/Conditions may make it necessary for
Engineer to take immediate measures to protect health, safety, and welfare of those performing Engineer’s services.
Client agrees to compensate Engineer for any costs incident to the discovery of said Materials/Conditions.
3. Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site. Similarly, a site
page 1 of 3
M:\Administrative\I-Standard Documents Creation\1a - Agreements T&C\Standard Terms and Conditions - Public Entities 2023
(updated March 29, 2023) Page 116 of 140
which is in fact unaffected by contaminants at the time of Engineer’s surface or subsurface exploration may later, due to
natural phenomena or human intervention, become contaminated. The Client waives any claim against Engineer, and
agrees to defend, indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that
Engineer does not detect the presence of contaminants through techniques commonly employed.
4. The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the
laws pertaining to environmental issues, Engineer cannot offer legal advice to the Client. Engineer urges that the Client
seek legal assistance from a qualified attorney when such assistance is required. Furthermore, the Client is cautioned to
not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal
representation of environmental law or practice.
5. Unless otherwise agreed to in writing, the scope of services does not include the analysis, characterization or disposal of
wastes generated during investigation procedures. Should such wastes be generated during this investigation, the Client
will contract directly with a qualified waste hauler and disposal facility.
I. Underground Utilities – To the extent that the Engineer, in performing its services, may impact underground utilities,
Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the
services for which Engineer has been contracted, including contacting the appropriate underground utility locating entities
and reviewing utility drawings provided by others. Engineer will take reasonable precautions to avoid damage or injury to
underground utilities and other underground structures. Client agrees to hold Engineer harmless for any damages to below
ground utilities and structures not brought to Engineers attention and/or accurately shown or described on documents
provided to Engineer.
J. Insurance
1. Engineer will maintain insurance for professional liability, general liability, worker’s compensation, auto liability, and
property damage in the amounts deemed appropriate by Engineer. Client will maintain insurance for general liability,
worker’s compensation, auto liability, and property damage in the amounts deemed appropriate by Client. Upon request,
Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages.
2. Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as
specified in project contract documents. Client shall cause Engineer, Engineer’s consultants, employees, and agents to be
listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer
provides services. Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect
that, in the event of payment of any loss or damages, subrogation rights under these Terms and Conditions are hereby
waived by the insurer with respect to claims against Engineer.
K. Limitation of Liability - The total liability, in the aggregate, of Engineer and Engineer’s officers, directors, partners,
employees, agents, and consultants, whether jointly, severally or individually, to Client and anyone claiming by, through, or
under Client, for any and all injuries, losses, damages and expenses, whatsoever, arising out of, resulting from, or in any
way related to the Project or the Agreement, including but not limited to the performance of services under the Agreement,
from any cause or causes whatsoever, including but not limited to the negligence, professional errors or omissions, strict
liability or breach of contract or warranty, expressed or implied, of Engineer or Engineer’s officers, directors, partners,
employees, agents, consultants, or any of them, shall not exceed the amount of the compensation paid to Engineer under this
Agreement, or the sum of fifty thousand dollars and no cents ($50,000.00), whichever is less. Recoverable damages shall be
limited to those that are direct damages. Engineer shall not be responsible for or held liable for special, indirect or
consequential losses or damages, including but not limited to loss of use of equipment or facility, and loss of profits or
revenue.
Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or
omission of any director, officer, or employee of Engineer, in the execution or performance of the Agreement, shall be made
against Engineer and not against such director, officer, or employee.
L. Documents and Data
1. All documents prepared or furnished by Engineer under the Agreement are Engineer’s instruments of service, and are
and shall remain the property of Engineer.
2. Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format. Client
recognizes that data provided in electronic format can be corrupted or modified by the Client or others, unintentionally or
otherwise. Consequently, the use of any data, conclusions or information obtained or derived from electronic media
provided by Engineer will be at the Client’s sole risk and without any liability, risk or legal exposure to Engineer, its
employees, officers or consultants.
3. Any extrapolations, conclusions or assumptions derived by the Client or others from the data provided to the Client,
either in hard copy or electronic format, will be at the Client’s sole risk and full legal responsibility.
page 2 of 3
M:\Administrative\I-Standard Documents Creation\1a - Agreements T&C\Standard Terms and Conditions - Public Entities 2023
(updated March 29, 2023) Page 117 of 140
M. Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test
locations used by Engineer as the basis of its design. Consequently, Engineer does not guarantee or warrant that actual site
conditions will not vary from those used as the basis of Engineer’s design, interpretations and recommendations. Engineer is
not responsible for any costs or delays attributable to differing site conditions. .
N. Terms of Payment - Unless alternate terms are included in the Agreement, Client will be invoiced on a monthly basis until
the completion of the Project. All monthly invoices are payable within 30 days of the date of the invoice. Should full
payment of any invoice not be received within 30 days, the amount due shall bear a service charge of 1.5 percent per month
or 18 percent per year plus the cost of collection, including reasonable attorney’s fees. If Client has any objections to any
invoice submitted by Engineer, Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice.
Unless otherwise agreed, Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of
service performance. Outside costs such as, but not limited to, equipment, meals, lodging, fees, and subconsultants shall be
actual costs plus 10 percent. In addition to any other remedies Engineer may have, Engineer shall have the absolute right to
cease performing any services in the event payment has not been made on a current basis.
O. Termination - Either party may terminate services, either in part or in whole, by providing 10 calendar days written notice
thereof to the other party. In such an event, Client shall pay Engineer for all services performed prior to receipt of such
notice of termination, including reimbursable expenses, and for any shut–down costs incurred. Shut–down costs may, at
Engineer’s discretion, include expenses incurred for completion of analysis and records necessary to document Engineer’s
files and to protect its professional reputation.
P. Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under
any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon
Client and P&N, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a
valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Non-
enforcement of any provision by either party shall not constitute a waiver of that provision, nor shall it affect the
enforceability of that provision or of the remainder of the Agreement.
Q. Dispute Resolution - If a dispute arises between the parties relating to the Agreement, the parties agree to use the following
procedure prior to either party pursuing other available remedies:
1. Prior to commencing a lawsuit, the parties must attempt mediation to resolve any dispute. The parties will jointly appoint
a mutually acceptable person not affiliated with either of the parties to act as mediator. If the parties are unable to agree
on the mediator within twenty (20) calendar days, they shall seek assistance in such regard from the Circuit Court of the
State and County wherein the Project is located, who shall appoint a mediator. Each party shall be responsible for paying
all costs and expenses incurred by it, but shall split equally the fees and expenses of the mediator. The mediation shall
proceed in accordance with the procedures established by the mediator.
2. The parties shall pursue mediation in good faith and in a timely manner. In the event the mediation does not result in
resolution of the dispute within thirty (30) calendar days, then, upon seven (7) calendar days’ written notice to the other
party, either party may pursue any other available remedy.
3. In the event of any litigation arising from the Agreement, including without limitation any action to enforce or interpret
any terms or conditions or performance of services under the Agreement, Engineer and Client agree that such action will
be brought in the District or Circuit Court for the County of Kent, State of Michigan (or, if the federal courts have
exclusive jurisdiction over the subject matter of the dispute, in the U.S. District Court for the Western District of
Michigan), and the parties hereby submit to the exclusive jurisdiction of said court.
R. Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called
for under the Agreement resulting from any cause beyond Engineer’s reasonable control.
S. Assignment - Neither party shall assign its rights, interests or obligations under this Agreement without the express written
consent of the other party.
T. Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is
sought to be enforced.
U. Survival - All express representations, indemnifications, or limitations of liability included in the Agreement shall survive
its completion or termination for any reason.
V. Third-Party Beneficiary - Client and Engineer agree that it is not intended that any provision of this Agreement establishes
a third-party beneficiary giving or allowing any claim or right of action whatsoever by a third party.
W. Fee Escalation - Engineer’s fees are based on its billing rates, which are adjusted annually. For multi-year projects,
Engineer’s fees incorporate an estimate of future billing rates. If inflation causes actual billing rates to exceed these
estimates, Engineer reserves the right to adjust its fees accordingly.
page 3 of 3
M:\Administrative\I-Standard Documents Creation\1a - Agreements T&C\Standard Terms and Conditions - Public Entities 2023
(updated March 29, 2023) Page 118 of 140
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 12, 2023 Title: Amendment to the Sign Ordinance
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Staff initiated request to amend the form based code section of the zoning ordinance to modify the regulations
on projecting signs downtown.
Detailed Summary & Background:
The Planning Commission unanimously recommended approval of the amendment by a 6-0 vote.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Diverse houseing types
Goal/Action Item:
Action Item 2022 – 2.3 Increase variety of housing types
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 request to modify the regulations on projecting signs downtown as presented.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head x
No
Information Technology
Other Division Heads x
Communication
Legal Review
Page 119 of 140
Planning Commission Packet Excerpt – November 16, 2023
Hearing, Case 2023-32: Staff initiated request to amend the form based code section of the zoning ordinance
to revise the signage types and requirements.
SUMMARY
1. Please see the zoning ordinance excerpt regarding projecting signs on the following page.
2. Projecting signs may only be up to 12 sf in size. However, the Planning Commission has granted
departures for some larger projecting signs (see below for examples).
3. Staff is proposing to permit these larger signs if they reference the name of the building, and not an
individual business. If a business were to close, it may not be feasible for a new business to utilize such
a large sign frame, which would lead to blight issues from the vacant sign frame.
4. These larger projecting signs would only be allowed in the Downtown and Mainstreet context areas.
They could be up to four feet wide and extend up to five feet away from the building.
Examples of small projecting signs downtown
Examples of large projecting signs downtown
Page 120 of 140
Zoning Ordinance Excerpt
Page 121 of 140
Proposed Amendments
(1A & 1 B have been modified along with Section 2009.13)
Section 2009.13
Page 122 of 140
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend the form based code section of the zoning ordinance to the regulations on projecting
signs.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The form based code section of the zoning ordinance is amended as proposed to modify the regulations on
projecting signs.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
Page 123 of 140
CERTIFICATE
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 28th day of November 2023, 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 the Michigan Zoning Enabling Act, Public Acts of
Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as
required thereby.
DATED: ___________________, 2023. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
Page 124 of 140
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on November 28, 2023, the City Commission of the City of Muskegon adopted an
ordinance to amend the form based code section of the ordinance regarding signage.
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, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2023. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Page 125 of 140
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 12, 2023 Title: Cost of Living Adjustment - Non-union
employees
Submitted by: Jonathan Seyferth, City Manager Department: Manager's Office
Brief Summary:
At the end of the calendar year management recommends an adjustment to non-union wages. Union wage
adjustments are planning through their various contracts.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Action Item 2022 – 3.6 Modernize the recruitment strategy
Amount Requested: Budgeted Item:
Yes X No N/AX
Fund(s) or Account(s): Budget Amendment Needed:
Various Yes X No N/A
Recommended Motion:
I move to approve the 4% wage increase for non-union team members effective January 1, 2024.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head X
No
Information Technology
Other Division Heads X
Communication
Legal Review
Page 126 of 140
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 12, 2023 Title: 2024 Wage Matrix for Non-Union Part-Time and
Limited Term Employees
Submitted by: Dwana Thompson, Employee Department: Employee Relations
Relations Director
Brief Summary:
Wage Matrix for Non-Union Part-Time and Limited Term Employees.
Detailed Summary & Background:
Wage Matrix for Non-Union Part-Time and Limited Term Employees.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Action Item 2022 – 4.4 Improve the budget process to maintain focus throughout the year
Amount Requested: Budgeted Item:
-0- Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No X N/A
Recommended Motion:
To approve the 2024 Wage Matrix for Non-Union and Part-Time Limited Term Employees
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
No
Information Technology
Other Division Heads
Communication
Legal Review
Page 127 of 140
CITY OF MUSKEGON
2024 WAGE MATRIX FOR NON-UNION PART-TIME AND LIMITED TERM EMPLOYEES
Michigan Minimum Wage is $ 10.33 as of January 1, 2024
JOB TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7
GRADE 1 $ 12.00 $ 12.50 $ 13.00 $ 14.00
INTERNS AGE 16-17 (Minimum wage for Employees under Age 18)
SEASONAL YOUTH WORKERS BOYS & GIRLS CLUB & COMMUNITY ENCOMPASS
GRADE 2 $ 16.00 $ 17.00 $ 18.00 $ 19.00 $ 20.00 $ 21.00 $ 22.00
ARENA CUSTODIAN
SEASONAL LEISURE SERVICE MAINTENANCE WORKER
SEASONAL SUPERVISORS BOYS & GIRLS CLUB & COMMUNITY ENCOMPASS
GRADE 3 $ 16.00 $ 16.50 $ 17.00 $ 17.50 $ 18.00 $ 18.50 $ 19.00
BUILDING FACILITY CARETAKER
FARMERS MARKET ASSISTANT I
SCHOOL CROSSING GUARD
ARENA MAINTENANCE
SOCIAL DISTRICT SEASONAL WORKER
GRADE 4 $ 16.00 $ 17.00 $ 18.00 $ 19.00 $ 20.00 $ 21.00 $ 22.00
FACILITY SUPERVISOR II
BEACH/PARK RANGERS (PUBLIC SAFETY)
SUPERVISORY INTERN (OVER 18)
GRADE 5
$ 16.00 $ 17.00 $ 18.00 $ 19.00 $ 20.00 $ 21.00
INTERNS OVER 18
GRADE 6 $ 17.00 $ 17.50 $ 18.00 $ 18.50 $ 19.00 $ 19.50 $ 20.00
FACILITY SUPERVISOR I
SEASONAL BEACH EQUIPMENT OPERATOR
GRADE 7
BOARD OF CANVASSERS $25.O0 PER DIEM
BOARD OF REVIEW $13.50 per hour / 4 hour minimum
RECEIVING BOARD $75.00 per day
ELECTION WORKERS (INSPECTORS) $14.00 per hour
ELECTION WORKER CHAIRPERSON $17.00 per hour
ELECTIONWORKER CO-CHAIRPERSON $16.00 per hour
GRADE 8 $ 22.00 $ 23.00 $ 24.00 $ 25.00 $ 26.00
POLICE RECRUIT
FARMERS MARKET MANAGERS ASSISTANT
GRADE 9A $ 16.00 $ 16.80 $ 17.64 $ 18.52 $ 19.44 $ 20.42
EVENT SECURITY MANAGER
Page 128 of 140
GRADE 9B $ 21.68 $ 22.77 $ 23.90 $ 25.10 $ 26.36
PART TIME POLICE OFFICER
PART TIME PROPERTY ROOM OFFICER
STEP-2 (500 hours); STEP-3 (1000 hours); STEP-4 (1500 hours); STEP-5 (2000 hours)
GRADE 9C $ 31.00 $ 32.00 $ 33.00 $ 34.00 $ 35.00
PT - FIRE INSPECTOR
Page 129 of 140
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 12, 2023 Title: Gaming Resolution for Hackley Community
Care
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
Hackley Community Care is seeking recognition as a non-profit organization in the City of Muskegon for the
purpose of obtaining a Charitable Gaming License, allowing them to conduct fundraising activities to benefit
the underserved.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Action Item 2022 – 1.4 Proceed with events and activities
Amount Requested: Budgeted Item:
n/a Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A x
Recommended Motion:
To approve the resolution recognizing Hackly Community Care as a non-profit in the City of Muskegon.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
No
Information Technology
Other Division Heads
Communication
Legal Review
Page 130 of 140
Page 131 of 140
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 12, 2023 Title: Sale of 159 McLaughlin Avenue
Submitted by: LeighAnn Mikesell, Deputy City Department: Manager's Office
Manager
Brief Summary:
Staff is seeking approval of the sale of 159 McLaughlin Avenue.
Detailed Summary & Background:
159 McLaughlin Avenue was constructed through the agreement with Dave Dusendang to construct infill
housing with ARPA funding. The offer is for $20,000 over asking price with 6% in seller concessions and
$8,000 covering the cost of appliances and central air. This results in a full price offer.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Action Item 2022 – 2.3 Increase variety of housing types
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 purcase agreement for 159 McLaughlin Avenue
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
No
Information Technology
Other Division Heads
Communication
Legal Review
Page 132 of 140
dotloop signature verification: dtlp.us/6dxz-fn9p-8ycn
dtlp.us/dCQC-uCA6-iQb3
WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
#
DATE: 12/04/2023 , 6:25pm (time) MLS # 23140881
SELLING OFFICE: Coldwell Banker Woodland Schmidt ART BROKER LIC.#: 6505346469 REALTOR® PHONE: 616-294-2354
LISTING OFFICE: West Urban Realty REALTOR® PHONE: 616-366-2459
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: Lisa Wiersma Email: [email protected] Lic.#: 6506047678
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)
159 Mclaughlin Avenue, Muskegon, MI 49442
with the following legal description and tax parcel ID numbers:
City of Muskegon revised plat 1903 west 74' lot 1, blk 266
PP# 61-24-205-266-0001-00 .
The following paragraph applies only if the Premises include unplatted land:
Seller agrees to grant Buyer at closing the right to make (insert number) N/A 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 , of the proposed division to create the Premises.
6. Purchase Price: Buyer offers to buy the Property for the sum of $ 179,000
one hundred seventy-nine thousand U.S. Dollars
7. Seller Concessions, if any: Seller to contribute 6% of purchase price towards buyers closing costs, pre paids and discount points
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 VA type 30 (year) mortgage in the amount of 100 % of the Purchase Price
bearing interest at a rate not to exceed best % 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 5 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 $ 0.00 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
Page 1 of 6 Rev. Date 1/2023 JH
12/04/23
6:37 PM EST
Buyer’s Initials LM Seller’s Initials
dotloop verified 12/05/23
9:54 AM EST
dotloop verified Page 133 of 140
dotloop signature verification: dtlp.us/6dxz-fn9p-8ycn
dtlp.us/dCQC-uCA6-iQb3
West Michigan Regional Purchase Agreement Page 2 of 6
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:
Appliance and Central Air Packages
but does not include:
1271 Spring Street, Muskegon, MI 49442 12/04/2023 6:25pm
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
JH Buyer’s Initials Seller’s Initials
Revision Date 1/2023 12/04/23
6:37 PM EST
dotloop verified
LM
12/05/23
9:54 AM EST
dotloop verified Page 134 of 140
dotloop signature verification: dtlp.us/6dxz-fn9p-8ycn
dtlp.us/dCQC-uCA6-iQb3
West Michigan Regional Purchase Agreement Page 3 of 6
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:
Home is connected to natural gas
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: Home is connected to public water and sewer
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 ____ 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
1271 Spring Street, Muskegon, MI 49442 12/04/2023 6:25pm
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2023 JH
12/04/23
6:37 PM EST
Buyer’s Initials
LM Seller’s Initials
dotloop verified 12/05/23
9:54 AM EST
dotloop verified
Page 135 of 140
dotloop signature verification: dtlp.us/6dxz-fn9p-8ycn
dtlp.us/dCQC-uCA6-iQb3
West Michigan Regional Purchase Agreement Page 4 of 6
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:
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:
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:
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
01/05/2024 . 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:
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
1271 Spring Street, Muskegon, MI 49442 12/04/2023 6:25pm
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2023
JH
12/04/23
6:37 PM EST
Buyer’s Initials LM Seller’s Initials
dotloop verified 12/05/23
9:54 AM EST
dotloop verified
Page 136 of 140
dotloop signature verification: dtlp.us/6dxz-fn9p-8ycn
dtlp.us/dCQC-uCA6-iQb3
West Michigan Regional Purchase Agreement Page 5 of 6
will have the privilege to occupy the Property and hereby agrees to pay Buyer $ 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 $ 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:
24. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until 12:00pm (time) on
12/05/2023 (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 $ 1000.00
shall be submitted to Coldwell Banker Woodland Schmidt (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
1271 Spring Street, Muskegon, MI 49442 12/04/2023 6:25pm
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2023
JH
12/04/23
6:37 PM EST
dotloop verified
Buyer’s Initials
LM Seller’s Initials
12/05/23
9:54 AM EST
dotloop verified
Page 137 of 140
dotloop signature verification: dtlp.us/6dxz-fn9p-8ycn
dtlp.us/dCQC-uCA6-iQb3
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 Johnathon Hidrogo Buyer
dotloop verified
12/04/23 6:37 PM EST
FJAR-L8VT-QGT6-FSX1
Buyer 1 Phone: (Res.) (Bus.) Johnathon Hidrogo
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:
Appliance package of $4000
Central Air $4000
Counteroffer, if any, expires December 5,2023 , at 5pm (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: 3265 Walker Ave NW, Suite D, Grand Rapids, MI Listing Broker License # 6506015435
49544
Listing Agent Name: Mariana MURILLO VANDAM 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.
LeighAnn Mikesell
dotloop verified
X (Seller’s Signature, Date, Time):
12/05/23 9:54 AM EST
VRIY-U0X4-6FKF-SXN3
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):
LeighAnn Mikesell 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.
LeighAnn Mikesell
dotloop verified
X (Seller’s Signature, Date, Time): 12/05/23 9:54 AM EST
IHTA-FDXI-SYCO-JWIR
X (Seller’s Signature, Date, Time):
1271 Spring Street, Muskegon, MI 49442 12/04/2023 6:25pm
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2023 JH
12/04/23
Buyer’s Initials LM Seller’s Initials
6:37 PM EST
dotloop verified 12/05/23
9:54 AM EST
dotloop verified
Page 138 of 140
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: December 12, 2023 Title: City Manager Contract Updates
Submitted by: Jonathan Seyferth, City Manager Department: Manager's Office
Brief Summary:
Following the City Manager's positive review earlier this year, he's requesting two updates to his contract.
Detailed Summary & Background:
Following the City Manager's positive review earlier this year, he's requesting two updates to his contract.
Adding a new section 2.1 Annual Review: The Commission shall complete an annual review of the manager no
later than June 30 of each year. Failure to complete the review shall result in an automatic 2% merit
adjustment to the manager's base salary to be effective July 1 of the same year.
Amending section 5 Severance Pay Upon Termination by City, subsection a) severance pay in an amount
equal to six months' severance pay with one additional month of severance pay for every year of employment,
not to exceed twelve months of severance pay.
Under the current contract, the manager is entitled to seven months severance if terminad by the City. The
Manager is requesting this be moved to 9 months with this action and then continuing with the addition of one
additional month for each year of service topping out at 12 months as in the contract.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
n/a Yes No N/A
Fund(s) or Account(s): Budget Amendment Needed:
n/a Yes No N/A
Recommended Motion:
I montion to update the City Manager's contract as requested.
Approvals: Guest(s) Invited / Presenting:
Immediate Division Head
No
Information Technology
Other Division Heads
Communication
Page 139 of 140
Legal Review
Page 140 of 140