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mwm@ MUSKEGON
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: April 14, 2026 Title: Contract with MATS for Beach Shuttle
Service
Submitted by: LeighAnn Mikesell, Deputy City Department: Manager's Office
Manager
Brief Summary:
Staff is seeking approval of a contract with the Muskegon Area Transit System to provide bus service
to the city's beach parks.
Detailed Summary & Background:
Staff has presented the proposed changes to the beach shuttle program to the commission.
Adjustments to bus stops have been made based on input from the commission balanced with route
timing and efficiency. A map of the route and stops is included in the packet. At this time, staff is
presenting the contract for services which has already been approved by the County Commission.
Costs remain as previously discussed.
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Improved transportation connections
throughout the community
Is this a repeat item?:
Explain what change has been made fo justify bringing it back to Commission:
Contract for services discussed at work session and legislative policy.
Amount Requested: Budgeted Item:
$48,800 Yes X | No N/A
Fund(s) or Account(s): Budget Amendment Needed:
101-772-801 Yes X | No N/A
Recommended Motion:
To approved the contract with MATS and authorize the mayor and clerk to sign.
Approvals: Name the Policy/Ordinance Followed:
Immediate Division Purchasing Policy
Head
Information
Technology
AGREEMENT BETWEEN THE CITY OF MUSKEGON
AND MUSKEGON COUNTY
THE AGREEMENT is made effective May 22, 2026 (the “Effective Date”) to September 6, 2026
(16 weeks, together the “Term”) between the City of Muskegon, located at 933 Terrace Street,
Muskegon, Michigan 49443-0536 (the “City”) and Muskegon County, through its transit system,
located at 1903 Marquette Avenue, Muskegon, Michigan 49442 (“MATS”).
RECITALS
The City owns and operates a number of parks and recreational facilities in the City
of Muskegon, including a beach at Pere Marquette Park.
The City believes that it would be of benefit to offer transportation as described
below.
MATS, through its transit system, operates various transportation services designed
to serve people, including individuals with disabilities, older adults, and persons
facing barriers to reliable transportation access.
D. In consideration of the matters described above and of the mutual benefits set forth
in this Agreement, the parties agree as follows:
SECTION 1. Recitals
The Recitals above are true and correct and are incorporated into the body of this Agreement.
SECTION 2. Services Provided by the City.
During the Term:
A. The City shall design and install signage at the stops described below in accordance
with MATS policies as noted in Exhibit A.
The City shall pay MATS a total amount of Forty-Eight Thousand Eight Hundred.
Dollars ($48,800.00), payable in two installments as follows: (i) one-third (1/3) of
the total amount, equal to Sixteen Thousand Two Hundred Sixty-Six Dollars and
Sixty-Seven Cents ($16,266.67), due and payable in May 2026; and (ii) two-thirds
(2/3) of the total amount, equal to Thirty-Two Thousand Five Hundred Thirty-
Three Dollars and Thirty-Three Cents ($32,533.33), due and payable in July 2026.
MATS shall issue invoices to the City in accordance with this schedule. MATS
may invoice the City for any additional service hours requested by the City, which
shall be payable in accordance with the terms of this Agreement.
Page 1 of 7
SECTION 3. Services Provided by MATS.
During the Term, MATS shall provide and be responsible for the following:
A. Routes:
Two Seasonal Fixed Routes, with required ADA paratransit complement.
Service will operate on the following dates and times for the duration of the
agreement:
Fridays: 12:00 noon to 8:00 p.m.
Saturdays: 12:00 noon to 8:00 p.m.
Sundays: 12:00 noon to 6:00 p.m.
Tan Line (Route 41):
Stops located as follows:
Kruse Park Picnic area, Beachwood Park area, Beach Street “Area 13” staircase
area, Beach Street “Kite Shack” area, Beach Street @ Indiana St., Margaret Drake
Elliot Park area, Silversides area, Harbor Towne Beach parking area.
Stop locations will be bi-directionally served (north and south).
Route circuit will depart Kruse Park at :00 and :30, serving stops 2x hourly.
Individual stops will not be “timed” due to varying traffic conditions.
Bus will remain on roads (not parking areas) except Kruse Park.
All boarding/alighting activity will occur at designated stops.
Town Line (Route 42):
Stops located as follows:
Herman Ivory Terminal, Marquette Ave. & Wood St., Marquette Ave. & Erickson
St., Western @ Third/Fourth, Western @ Sixth, Laketon & Henry, Lakeshore Dr.
& Estes St., Grand Trunk Parking Area, Lakeshore Dr. & Sherin St., Beach Street
@ Indiana St.
Stop locations will be bi-directionally served (east and west).
Route circuit will depart Herman Ivory Terminal once hourly, serving all stops 1x
hourly.
Individual stops will not be “timed” due to varying traffic conditions.
Page 2 of 7
Bus will remain on roads (not parking areas) except Grand Trunk Parking area.
All boarding/alighting activity will occur at designated stops.
ADA Complementary Paratransit
In adherence to the Americans with Disabilities Act requirements, when fixed route
bus operations occur, MATS will operate its Complementary Paratransit service to
provide trips on a pre-scheduled, next-day basis for all eligible and certified persons
with disabilities that are traveling within a zone extending 3/4 miles around the
designated seasonal fixed routes during the days and times that these routes are in
operation. ADA service complementary to these seasonal routes will be free of
charge, as are these fixed route services.
Vehicle and Tracking:
One small bus on each route (16 seats, or 3 wheelchairs + 6 seats). Vehicles can
be tracked by passengers through the MATS app and website at:
https://muskegon.connexionz.net/rtt/public/
Guidelines:
MATS shall operate as an open-door public transportation system, and all rules and
regulations governing MATS passengers shall apply, as set forth in Exhibit B.
Customer Fare:
No customer fare required. Donations to MATS drop box available.
Reporting:
MATS will send a weekly summary of the previous period’s daily passenger counts
for each route by the conclusion of business on the following Tuesday. Any
significant events will also be included in this summary. For the purposes of this
section a “significant event” shall mean any of the following:
(1) Major delays or service disruptions exceeding 30 minutes on any
route;
(2) Accidents, fights, or incidents involving passengers, drivers, or
vehicles that require reporting to authorities or impact service;
(3) Vehicle breakdowns or equipment failures that result in route
cancellations or significant schedule deviations;
(4) Emergency situations or security threats affecting service
operations;
Page 3 of 7
(5) Unscheduled changes in service, such as route detours or early
terminations; and
(6) Other operational issues that could reasonably be expected to impact
service reliability, passenger safety, or operational compliance.
SECTION 4. Relationship Between the Parties
MATS shall perform and provide services under this Agreement as an independent contractor and
the individual or individuals designated by MATS shall remain for all purposes employees of
MATS. MATS understands that it will remain responsible for any and all wages and benefits due
to its employee. MATS employees shall not be entitled to any benefits from the City, including,
but not limited to, vacation leave, sick leave, health insurance, disability insurance, unemployment
insurance, and workers’ compensation benefits.
SECTION 5. Assignment
Neither the City nor MATS shall assign any of its rights nor transfer any of its obligations under
this Agreement to another party without the prior written consent of the other, which consent will
not be unreasonably withheld.
SECTION 6. Severability
If any one or more of the provisions are held to be invalid, illegal, or unenforceable in any respect,
then such provision or provisions are deemed severable from the remaining provisions, and such
invalidity, illegality or unenforceability will not affect any other provision, and this Agreement
will be construed as if such invalid, illegal or unenforceable provision had never been in this
Agreement.
SECTION 7. Notice
Notices will be given by personal service, fax, e-mail, or United States pre-paid postage for first
class, registered or certified mail. Notices of termination will be sent as follows:
To: The City To: MATS
933 Terrace Street 1903 Marquette Avenue
Muskegon, MI 49440 Muskegon, MI 49442
Attn: Kenneth Johnson, Mayor Attn: Mark Eisenbarth, County Administrator
SECTION 8. Entire Agreement and Amendment
In conjunction with the matters considered herein, this Agreement contains the entire
understanding and agreement of the parties and there have been no promises, representations,
agreements, warranties, or undertakings by any of the parties, either oral or written, of any
character or nature hereafter binding except as set forth herein. This Agreement may only be
Page 4 of 7
altered, amended, or modified only by an instrument in writing and executed by both Parties hereto.
Each party waives their future right to claim, contest or assert that this Agreement was modified,
canceled, superseded, or changed by any oral agreements, course of conduct waiver or estoppel.
SECTION 9. No Third-Party Beneficiary
No person dealing with the City or MATS shall be, nor shall any of them be deemed to be, third-
party beneficiaries of this Agreement. This Agreement is not intended to, and will not be
interpreted to, create a special relationship between the City and MATS and any staff, visitors,
residents, or other individuals who may have business through the City or MATS.
SECTION 10. Insurance
The City will submit to Muskegon County and Muskegon County will submit to the City a
Certificate of Insurance certifying that, for the period covered by this Agreement, each party carries
and has added the other party to the following insurance policies:
A. worker’s compensation insurance including Employer’s Liability Coverage in
accordance with all applicable statutes of the State of Michigan.
B. general liability insurance, including a Broad Form General Liability Endorsement
or equivalent, with minimum aggregate limits of $1,000,000 to protect the other
party against claims for damage to property of others or for injury to or death of
one more than one person due to accidents which may occur or result from the
Subrecipient’s performance under this Agreement.
C. motor vehicle liability insurance, including Michigan No-Fault Coverage, with
limits of Liability not less than $1,000,000 per occurrence for personal injury and
for property damage. Coverage shall include all owned vehicles, all non-owned
vehicles, and all hired vehicles.
D. any and all additional insurance required by the laws of the State of Michigan.
The insurance certificates required under this Agreement will name the City and MATS as an
additional insured party and will obligate the insurer to provide a defense against all claims brought
against either party by virtue of this Agreement. Documentation shall include evidence of
coverage as it applies to the specific delivery of services as outlined by the Agreement herein. The
certificate shall provide that the insurance cannot be canceled or modified without thirty (30) days
advance written notice to the other party by the insurance company.
SECTION 11. Terms and Conditions
The terms and conditions used in this Agreement will be given their common and ordinary
definition and will not be construed against either party.
Page 5 of7
SECTION 12. Execution of Counterparts
This Agreement may be executed in any number of counterparts and each such counterpart shall
for all purposes be deemed to be an original; and all such counterparts, or as many of them as the
parties shall preserve undestroyed, shall together constitute one and the same instrument. An
electronic or facsimile signature on this Agreement has the effect of an original signature.
SECTION 13. Authority
All parties to this Agreement warrant and represent that they have the power and authority to enter
into this Agreement in the names, titles, and capacities stated below and on behalf of any entities,
person, or firms represented or purported to be represented by such entity(ies), person(s), or firm(s)
and that all formal requirements necessary or required by any State and/or Federal law in order to
enter into this Agreement have been fully complied with.
SECTION 14. Indemnity.
A. To the fullest extent permitted by law, the City shall defend, indemnify, and hold
harmless Muskegon County, its subsidiaries, departments, divisions, and agencies
and their respective officials, officers, directors, employees, and agents from and
against any and all liability, litigation, causes of action, and claims, by whomsoever
brought or alleged, and regardless of the legal theories upon which based, and from
and against all losses, costs, expenses, and fees and expenses of attorneys and
expert witnesses resulting therefrom on account of, relating to, or arising out of
bodily injury to or death of any person or on account of damage to property,
including loss of use, arising or allegedly arising out of or resulting from the act or
omission of the City and tts employees, agents and contractors.
B. To the fullest extent permitted by law, Muskegon County shall defend, indemnify,
and hold harmless the City, its subsidiaries, departments, divisions, and agencies
and their respective officials, officers, directors, employees, and agents from and
against any and all liability, litigation, causes of action, and claims, by whomsoever
brought or alleged, and regardless of the legal theories upon which based, and from
and against all losses, costs, expenses, and fees and expenses of attorneys and
expert witnesses resulting therefrom on account of, relating to, or arising out of
bodily injury to or death of any person or on account of damage to property,
including loss of use, arising or allegedly arising out of or resulting from the act or
omission of Muskegon County (including MATS), and its employees, agents and
contractors.
[Signature page to follow]
Page 6 of 7
MUSKE Ae
Dated: O84 -28 2026 By:
Charles Nash
Chairman of the County Board
CITY OF MUSKEGON
Dated: Y- dl- db By: D)Gr~Qeron—_
Kenneth John¥on
Mayor
Dated: A-%) Verb ANTO
Ann Meisch,
N
Clerk
Page 7 of 7
86083:00019:202525836-3
Exhibit A
Each bus stop location that will require surface improvements may need additional field
measurements, such as elevations and slopes, to ensure Americans with Disabilities Act (ADA)
compliance to Public Right-of-Way Accessibility Guidelines (PROWAG).
Approvals and permits will be received for each stop depending on requirements.
e Local jurisdiction permits.
e National Environmental Policy Act (NEPA)/Categorical Exclusion documentation.
e Others, as needed.
Depending on location of the stop, additional items may need to be added to the plans, such as
Michigan Department of Transportation (MDOT) traffic control plans.
Exhibit B
Muskegon Area Transit System Passenger Courtesy Rules
e MATS reserves the right to deny service or to have a passenger removed from the bus or
MATS property for displaying poor conduct or violating system rules.
e Ask for transfers immediately upon boarding.
° Keep aisles clear. Collapse strollers and carts before boarding the bus. Keep small children
and bags on your lap.
e Children under age 12 must be accompanied by an adult in all MATS facilities and vehicles
or be certified by MATS.
» Remain seated, when possible, while the bus is in motion.
e Keep hands, arms and other objects inside the bus.
¢ No eating, drinking, smoking, or use of electronic cigarettes on board the bus.
* Nouse of profanity or insulting language or gestures.
« No yelling, roughhousing, or throwing of objects.
¢ No loitering, panhandling, soliciting or other acts prohibited by law.
* Do not use spray perfumes or aerosols on the bus.
e« Do not use radios, music players, cell phones, or other sound producing devices without
headphones.
e No animals are allowed on the bus except for guide/service animals.
e Dress appropriately and maintain personal hygiene so that personal odor does not become
offensive.
- Pet Policy
No animals are allowed on the bus except for guide/service animals.
Lost & Found
All items found on MATS buses are turned in at the main office each evening. Items may be
claimed by calling 231-724-6420 and describing the lost item. Property not claimed within 30
days may be discarded or donated to charity.
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