City Commission Worksession Agenda 08-11-2008

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                                    City of Muskegon
                              City Commission Worksession
                                     August 11, 2008
                               City Commission Chambers
                                         5:30 PM


                                         AGENDA




 (_\   1.    Geographic Information System (GIS) City/County Contract Presentation.
             (Tom VanBruggen)

r;>    2.    Sewer Back-up Claim at 1387 Sixth Street. (Assistant Finance Director)
_)




"--    3.    Memorial Honoring Commissioner Kevin Davis. (Leisure Services)

tJ     4.    Hackley Heritage Association, Inc. Request. (City Manager)

·'(    5.    City Support for Movie Making. (City Manager)

 \     6.    Spotlight Liquor License. (City Manager)

)      7.    West Michigan Transit Linkages Study. (City Manager)

       8.    Any Other Business.

       9.    Closed Session to Discuss Pending Litigation.

       10.   Adjournment.
                                      City of Muskegon
                                City Commission Worksession
                                       August 11, 2008
                                 City Commission Chambers
                                           5:30 PM

                                         MINUTES


2008-68
Present: Commissioners Warmington, Carter, Wierengo, Wisneski, Gawron, Shepherd, and
Spataro.
Absent: None.

Geographic Information System (GIS) City/County Contract Presentation. (Tom
VanBruggen)
Tom VanBruggen, ofMuskegon County, presented the proposed Geographic Information
System City/County contract. This item will be placed on the August 26, 2008 Commission
agenda.

Sewer Back-Up Claim at 1387 Sixth Street. (Assistant Finance Director)
Beth Lewis, Assistant Finance Director, provided a settlement in the amount of$ l 7,324.97 for a
sewer back-up claim at 1387 Sixth Street.

Commissioner Spataro disclosed that he works with the homeowner through the local
Neighborhood Association.

Motion by Carter, seconded by Shepherd to approve the settlement for the sewer back-up
claim at 1387 Sixth Street in the amount of$17,324.97.

                                                                          ROLL CALL VOTE:

Ayes: Shepherd, Spataro, Warmington, Wiereugo, Wisneski, Carter, and Gawron.
Nays: None.

                                                                          MOTION PASSES.

Memorial Honoring Commissioner Kevin Davis. (Leisure Services)
Beachwood-Bluffton Neighborhood Association requests that the volleyball coutt area at Pere
Marquette Park north of Captain Jacks Restaurant be named Kevin Davis Volleyball Ct., in
honor of former Commissioner Kevin Davis for his public service to the citizens of Muskegon,
and devotion to developing beach volleyball at Pere Marquette Park.

This item has been placed on the Commission agenda August 12, 2008.
Hackley Heritage Association, Inc. Request. (City Manager)
Hackley Heritage Association is seeking permission from the City of Muskegon to restore the
fence, including the recreation of the missing comer posts, around the Soldiers and Sailors
Monument in Hackley Park.

Motion by Spataro, seconded by Gawron to approve the request from the Hackley Heritage
Association to restore the fence, including the recreation of the missing corner posts,
around the Soldiers and Sailors Monument in Hackley Park conditional upon approval of
the Historic District Commission.

                                                                      ROLL CALL VOTE:

Ayes: Carter, Gawron, Shepherd, Spataro, Warmington, Wierengo, and Wisneski.
Nays: None.

                                                                      MOTION PASSES.

City Support for Movie Making. (City Manager)
The Watennark recently announced that a movie making studio will be placed in its facilities.
Staff has received several requests for use of city services and equipment and is asking the
Commission's guidance in creating a policy.

City Commissioners gave several suggestions of items to be placed in a proposed policy.

Staff will develop a policy to present to the City Commission at a future meeting for review.

Spotlight Liquor License. (City Manager)
The City Manager has been in contact with the Liquor Control Commission. Because the City is
over its quota for liquor licenses, the City could lose the liquor license if it chooses to revoke the
existing license.

The City Commission will delay further action to revoke the liquor license and see if the license
can be so Id within the City.

West Michigan Transit Linkages Study. (City Manager)
It is requested that the City Commission approve the resolution to support conducting a West
Michigan Transit Linkages Study to complete a needs assessment for commuter transit services
in West Michigan.

Motion by Spataro, seconded by Shepherd to adopt a resolution to support conducting a
West Michigan Transit Linkages Study to complete a needs assessment for commuter
transit services in West Michigan.

                                                                      ROLL CALL VOTE:

Ayes: Wierengo, Wisneski, Carter, Gawron, Shepherd, Spataro, and Warmington.
Nays: None.

                                                               MOTION PASSES.

Closed Session to Discuss Pending Litigation.
Motion by Shepherd, seconded by Carter to go into closed session to discuss attorney-client
privileged communication.

                                                               ROLL CALL VOTE:

Ayes: Spataro, Warmington, Wierengo, Wisneski, Carter, Gawron, and Shepherd.
Nays: None.

                                                               MOTION PASSES.

Motion by Spataro, seconded by Shepherd to go into open session,

                                                               MOTION PASSES.

Motion by Spataro, seconded by Carter to concm· with the recommendation from the City
Attorney and staff.

                                                               ROLL CALL VOTE:

Ayes: Wisneski, Carter, Gawron, Spataro, Warmington, and Wierengo.
Nays: Shepherd.

                                                               MOTION PASSES.

Adjournment
Motion by Carter, seconded by Shepherd to adjourn at 7:18 p.m.

                                                               MOTION PASSES

                                                     r
                                                     \~.   '\\'     ' \         .I
                                                       1'\>rV" ~ ,\ iltl ·'-- "le JJ\
                                                         Ann Marie Becker, MMC
                                                             City Clerk
        emorandum
To:      Honorable Mayor and City Commissioners

From:    Hope Mitchell   \¾fv
Date:    8/4/2008

Re:      Geographic Information System (GIS) Basic Level of Service Inter-Governmental

         Agreement Between the City of Muskegon and the County of Muskegon.




City staff has had meetings with Tom VanBruggen regarding the GIS Basic Level of Service
Agreement for the past year. Tom has provided staff with help, training, etc. for over a year while we
try to move forward to ArcMap 9.2. Currently the City zoning map is constructed in version 3.2a and
has become obsolete as ESRI no longer services that version. City staff has been waiting for two
main components to be in place before approving the contract. The first is the reconstruction of the
City's zoning map. The County is working to rebuild the zoning map in version 9.2. The second was
for a search button ( which is a very impmtant tool to have), The search button allows for staff to type
in an addres,s and the program will automatically move the map to the location for that address. The
County has~ contractor working on building this tool. It appears that both of these concerns are
close to being completed now.

On pages 5 'and 6 are a list of the services that are to be rendered under this contract. City staff will
maintain !lie zoning map and provide the changes completed to the map to the County. This contract
will allqw for Digital Ortho Photography (aerial photos) to be done evety five years. Tom has
advised staff that this has been done for 2008 (the last time it was completed was in 200 I).

Tom provides Mike Cameron with updated ownership information weekly. This is helpful to ensure
that the environmental program is able to notify the most up to date owner as possible. This helps to
cut down on the appeals due to the wrong owner being notified that a cleanup or cutting is needed.

Another area that this will help will be with the notification process for Planning Commission and the
Zoning Board of Appeals. In the past staff was allowed to send a letter to the adjacent municipality
for them to notify their residents of any proposed changes. Once eve1ything is completed, City staff
will be able to get the owner information for notifications without having to contact the other
municipality for their help.

Torn VanBruggen from the County Equalization Department will be at the meeting to go over the
contract and address any questions or concerns. As of July 31, 2008 there were 15 municipalities that
signed the contract, 12 that are considering signing it, and 2 that have said no.




                                                                                                            1
Geographic Information System {GIS}
       Basic Level ofService
  Inter-Governmental Agreement




             Between


       The City of Muskegon


             And The


COUNTY OF MUSKEGON, MICHIGAN
               Geographic Information System {GIS) Basic Level of Service Agreement

                                       Between the City of Muskegon

                                                     and the

                                       County of Muskegon, Michigan



This Agreement, entered into as of this _ _ _ _ _ day of - - - ~ 2008, by Muskegon County, a
political subdivision of the State of Michigan, with offices at at 990 Terrace Street, Muskegon, Michigan,
49442, acting by and through its Board of Commissioners, hereinafter called "County" and the City of
Muskegon, hereinafter called "Municipality," a political subdivision of the State of Michigan, with offices located
at 933 Terrace Street, Post Office Box 536, Muskegon, Michigan, 49443.

WHEREAS, Section 3(1)(d) of the State of Michigan's Enhanced Access to Public Records Act (MCL
15.443(1)(d); MSA 4.1803(3)(1)(d)) authorizes the County and Municipality to enter into an intergovernmental
Agreement which permits each of the parties to the Agreement to have for their official use access to or
output from the other's geographical information system; and

WHEREAS, the intergovernmental Agreements authorized by the State of Michigan's Enhanced Access to
Public Records Act must contain certain provisions mandated by the Act; and

WHEREAS, the County and the Municipality desire to enter into an intergovernmental Agreement as
authorized by Section 3(1)(d) of the State of Michigan Enhanced Access to Public Records Act to exchange
access to and/or output from the Muskegon County Geographic Information System, and to allow the County
to charge a reasonable fee for providing this service; and

WHEREAS, County and the Municipality desire to establish and maintain a legal relationship which will ensure
adequate coordination with respect to development and on-going operation of a common GIS (Geographic
Information System) base map: and

WHEREAS, County and the Municipality desire to establish a common Muskegon County base map for use by
Municipality as its base layer with geographic features tied to this base; and

WHEREAS, County and the Municipality desire to define staff roles and responsibilities when coordinating
programs that have shared benefits; and

WHEREAS, County and the Municipality seek Agreement on how data sets are made available to both parties.




          GIS Basic Level of Service Contract- Version 12/19/2007                              Page 2
NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, IT IS HEREBY
AGREED as follows:

I. DEFINITIONS
      A. "Basemap" shall mean the Muskegon County GIS Primary Basemap, consisting of digital
      orthophotography, streets, geopolitical, and cadastral features, along with all associated data tables.
      See Appendix A for a detailed list of the feature classes (layers) of data that are part of the Basemap.
      B. "Core GIS Staff" refers to any and all GIS specific staff at the County. At the time of this contract,
      two (2) staff members are identified as Core GIS Staff, the Property Information Analyst and the
      Geographic Information Technician.
      C. "County" refers to Muskegon County, Michigan.
     D. "County GIS Layers" shall mean all works created by the County which are not derived from the
     County's Basemap. Examples include, but are not limited to, Environmental, Engineering, Public
     Health, Economic Development, Emergency Management, and additional layers.
             1. "Unrestricted County GIS Layers" shall mean all GIS layers that are not defined as
             "Restricted."
             2. "Restricted County GIS Layers" shall mean all GIS layers that are defined as needing to have
             restricted or authorized use due to their confidential and/or sensitive nature, or that are
             deemed to be protected due to emergency management and/or homeland security concerns.
     E. "Data" shall mean digital databases or data layers, which contain references to geographic
     locations.
     F. "Enhanced access" means a public record's immediate availability for public inspection, purchase, or
     copying by digital means. Enhanced access does not include the transfer of ownership of a public
     record.
     G. "Enhanced Access to Public Records Act" shall mean State of Michigan Public Act No. 462 of the
     Public Acts of 1996, as amended. [MCL 15.441 et seq; MSA 4.1803(1) et seq].
     H. "GIS" shall mean the Geographic Information System.
     I. "Geographical information system" means an informational unit or network capable of producing
     customized maps based on a digital representation of geographical data.
     J. "GIS Coordinator" shall mean the Geographic Information Analysts of the Muskegon County
     Equalization Department, or subsequent position, based on the reclassification of staff and/or
     reorganization of the GIS program into a separate or different department within the County structure.
     K. "Metadata" shall mean information that describes the characteristics of the data, which must be in
     accordance with the GIS Data Standards developed by the County's Geographic Information System.
     L. "Municipality" shall mean the City, Township, or Village participating in this Agreement.
     M. "Municipality GIS Layers" shall mean all GIS layers or feature sets that are created exclusively by
     the Municipality outside of the provisions of this agreement.
     N. "Operating expenses" includes, but is not limited to, a public body's direct cost of creating,
     compiling, storing, maintaining, processing, upgrading, or enhancing information or data in a form
     available for enhanced access, including the cost of computer hardware and software, system
     development, employee time, and the actual cost of supplying the information or record in the form
     requested by the purchaser.
     0. "Person" means that term as defined in section 2 of the freedom of information act, 1976 PA 442,
     MCL 15.232


         GIS Basic Level of Service Contract-Version 12/19/2007                               Page 3
       P. "Public body" means that term as defined in section 2 of the freedom of information act, 1976 PA
       442, MCL 15.232.
       Q. "Public record" means that term as defined in section 2 of the freedom of information act, 1976 PA
       442, MCL 15.232.
       R. "Reasonable fee" means a charge calculated to enable a public body to recover over time only
       those operating expenses directly related to the public body's provision of enhanced access.
       S. "Software" means a set of statements or instructions that when incorporated in a machine-usable
       medium is capable of causing a machine or device having information processing capabilities to
       indicate,perform, or achieve a particular function, task, or result.
       T. "Third Party" shall mean a person or entity other than a party to this Agreement.

II. TERMS OF AGREEMENT
       A. This Agreement shall be effective from the date approved and executed by both parties and will
       remain in effect until termination by either party. This Agreement may be terminated in accordance
       with Section 11, ''Termination of Agreement."
       B. The initial period of this Agreement shall be from October 1, 2008 to September 30, 2013.
       Following this initial five-year period, the Agreement period will be from October 1 of a given year to
       September 30 of the following year.


III.   FEE SCHEDULE
       A. The fee schedule will be updated October 1't of each year by the County GIS Coordinator based on
       the formula established and set forth in Appendix A. This formula utilizes the factors of Geographic
       Area, Parcel Count, Current Taxable Value, and Population. The fee schedule will also be adjusted
       annually by the Consumers Price Index (CPI) by applying the adjustment percentage to the total fee
       generated by all parties involved. The CPI utilized will be the same formula as calculated for the
       purposes of Assessment Administration Taxable Value Increase formulas.
       B. Annually, following the update of the fee schedule, the GIS Coordinator will provide an updated fee
       schedule to all municipalities and produce invoices for the annual Agreement. The Municipality shall
       remit the annual fee in a single payment within 90 days of receipt of the invoice.
       C. For the period October 1, 2008 to September 2009, the fee charged to said Municipality for services
       provided by the County under this Agreement shall be $11,572.56.


IV.OWNERSHIP OF GIS DATA
       A. This Agreement does not constitute a transfer of title or interest in the layers and/or features
       contained within the GIS. Any portion of this data that is modified or merged into another computer
       file or program by the Municipality, or is integrated with other programs and/or data to form derivative
       products, shall continue to be subject to the provisions of this Agreement. The County shall retain
       ownership of the basemap, County GIS Layers, and all such portions.
       B. The County reserves the right to incorporate all Municipalities GIS layers into the County's GIS
       Database. The Municipality will retain ownership of any such incorporated data and the rights to
       control any redistribution or use of the data.




          GIS Basic Level of Service Contract-Version 12/19/2007                              Page4
V. DELIVERABLES AND SERVICES RENDERED
     A. Exchange of Data
            1. The County agrees to provide access to the Basemap and unrestricted County GIS Layers in
            electronic media format and/or via an internet/intra-net application that may be developed for
            the dissemination of Muskegon County GIS data and services.
            2. The Municipality agrees to provide access to any/all of its available GIS layers and/or data in
            electronic media format
            3. Each party in this Agreement will provide corrections and updates to the other party for the
            data which it maintains.
     B. Basic Level of Service Elements
            1. The County agrees to provide access to the following:
                   a) Unrestricted GIS Layers and Databases on GIS Warehouse
                   b) Development and implementation of web based mapping systems with appropriate
                   links to/from existing County and Municipality web sites
                   c) Mass purchasing opportunities for GIS So~ware and/or Data as situations present
                   d) Technical support for GIS matters available through Core GIS Staff up to a maximum
                   of 40 hours annually
                   e) Establishment of a Muskegon GIS Users Group and associated user group meetings
                   held at least quarterly.
            2. The Municipality agrees to provide access to and copies of any/all information, including but
            not limited to maps, studies, reports, and information, needed for the development and/or
            maintenance of any feature classes (layers) being maintained or developed by the County as
            part of the GIS development.
     C. GIS Feature Classes (Layers)
            1. The following Feature Classes (Layers) will be developed and maintained by the County as
            part of this Agreement. Layers being developed shall utilize data provided by the Municipality,
            and all maintenance will rely on the transmission of corrections and updates from the
            Municipality to the County. Layers noted as Maintenance shall begin on the effective date of
            this Agreement, and layers noted as "to be developed" will be developed within the first two (2)
            years of this Agreement, unless otherwise noted, provided data is available from the
            Municipality to support the development.
                   a) Parcel Boundaries (and associated basemap layers) (maintenance)
                   b) Zoning (maintenance/to be developed)
                   c) DDA/TIFA and/or other Tax Districts (maintenance/to be developed)
                   d) Digital Ortho Photography (to be acquired at least every 5 years beginning with 2008
                   acquisition)
                   e) Elevation Models (to be updated with Digital Ortho Photography updates)
                   f)   UDAR based Contour Mapping (to be developed)
                   g) Hydrology (to be developed)
                   h) Street Centerlines with Addressing Ranges (to be developed)
                   i)   Census Boundaries (to be developed in conjunction with 2010 census update)
                   j)   Voting and Commission/Council District Mapping (to be developed)
        GIS Basic Level of Service Contract-Version 12/19/2007                             Page S
                      k) Land Use and Future Land Use (to be developed)
       D. Printed Mapping Product Deliverables
               1. Parcel Tax Mapping
                      a) The County will provide a complete, updated set of parcel tax maps to the
                      Municipality during the first year of the Agreement.
                      b) Annually in April of each year, following the establishment of the assessment rolls,
                      the County will provide to the Municipality updated map pages for any pages that have
                      changed during the course of the year.
                      c) Additional sets of the parcel tax maps can be obtained for an additional cost to be
                      agreed upon outside of this Agreement.
               2. Zoning Maps
                      a) The County will provide an updated Zoning Map annually and/or at the time of any
                      major revisions to the Municipality Zoning Ordinance. At the request of the City, the
                      Zoning Map Layer will be configured such that City of Muskegon Staff will be able to edit
                      and maintain the zoning map layer.
              3. Land Use/Future Land Use Maps
                      a) The County will provide an updated Land Use and/or Future Land Use Map annually
                      and/or at the time of any revisions to the Municipality Zoning Ordinance.
VI. ACCESS TO ADDITIONAL PARCEL ATTRIBUTE DATASETS
       A. The County will provide basic ownership and tax parcel layer data containing a unique parcel
       identification number (PIN) for each parcel. If the Municipality requires additional parcel attribute data,
       such as detailed property ownership or tax information, the County will provide access to these data
       sets under the terms of this Agreement.


VII.   DISTRIBUTION OF GIS BASEMAP AND/OR COUNTY GIS DATA
       A. The Basemap, or any other County GIS Layers, are to be solely retained by the Municipality. In no
       instance is this Data to be placed on the Internet or Intra-net, sold, leased, copied, loaned, or
       transferred, in whole or part to other public agencies, private individuals, private firms, or non-profit
       entities without the expressed prior written consent of the County, via the GIS Coordinator.
       B. Following a request for Data under the Enhanced Access to Public Records Act, the Municipality
       shall refer the matter to the County, via the GIS Coordinator.
       C. Any release to third parties as authorized by this Agreement of the Basemap or County GIS Layers,
       in whole or in part shall be accompanied by a written notice of the County's ownership thereof and that
       they shall not be included in or subject to any patents or copyrights which the third party may obtain
       on products it produces there from.




          GIS Basic Level of Service Contract-Version 12/19/2007                               Page 6
     D. Any release of the Basemap or County GIS Layers, in whole or in part, to third parties performing
     services and/or working on projects for the Municipality (e.g., Engineers, Consultants, Contractors,
     etc.) shall be restricted to the performance of such services or work on such Project and may not be
     used for any other purpose or project. The Municipality, as a condition of releasing the Basemap or any
     County GIS Layers, shall require the third party in either the contract for the services or project or in a
     separate Nondisclosure Agreement agree to restrict its use of such materials to the services to be
     performed on the project and not use it for any other purpose or pass it on to any other party without
     requiring similar restrictions. A draft of this Nondisclosure Agreement is set forth in Appendix B of this
     Agreement.

     E. Except as provided in MCL 15.443(1), (2), (3), the" Enhanced access to Public Records Act", this
     agreement does not limit the inspection and copying of a public record pursuant the Freedom of
     Information Act, MCL 15.231 to 15.246. This agreement does not apply to Public records prepared
     under an act or statute specifically authorizing the sale of those public records to the public, or where
     the amount of the fee for providing a copy of the public record is otherwise specifically provided by an
     act or statute.
VIII. MODIFICATIONS AND/OR MAINTENANCE TO THE GIS
     A. The Municipality agrees to report all proposed changes, modifications, or corrections to the
     Basemap and/or any other GIS layer maintained by the County. All proposed changes should be
     reported within 90 days of determining the necessity of a change, and any necessary documentation
     regarding the change shall also be provided by the Municipality.
     B. The County agrees to review all proposed changes, modifications, or corrections and will process
     the requests within 90 days of receiving the report of necessity of a change. Upon the completion of
     the modification, any documentation supplied in support of the modification shall be returned to the
     originator of the request.
IX. ADHERENCE TO STANDARDS
     A. The County and Municipality agree to conform to any/all County GIS Data Standards as may be
     created or amended from time to time.
     B. The County and Municipality agree to produce and maintain metadata for all GIS layers that are
     incorporated into the County GIS. This metadata shall be produced in accordance with Metadata
     Standards to be developed and/or maintained by the County.
X. TERMINATION OF AGREEMENT
     A. This Agreement may be terminated, in whole or in part, in writing by the County provided all of the
     following criteria are met:
            1. Notification in writing must be given not less than ninety (90) calendar days prior to the
            intended termination date.
            2. Opportunity for consultation between the County and Municipality must be provided.
            3. Not less than five (5) years (defined as 60 months) have passed since the Agreement was
            put in place.
     B. This Agreement may be terminated, in whole or in part, in writing by the Municipality provided all
     of the following criteria are met:
            1. Notification in writing must be given not less than ninety (90) calendar days prior to the
            intended termination date.
            2. Notification must be delivered via certified mail, postage prepaid, and return receipt
            requested.
            3. Opportunity for consultation between the County and Municipality must be provided.

        GIS Basic Level of Service Contract-Version 12/19/2007                               Page 7
               4. Not less than five (5) years (defined as 60 months) have passed since the Agreement was
               put in place.
       C. Upon termination, the Municipality must cease use of the County Basemap and all other County GIS
       Layers.
       D. Upon termination, the County must cease use of the Municipality GIS Layers.
XI. NOTICES AND NOTIFICATIONS
       A. All notices pertaining to any and all parts of this agreement shall be delivered to the following
       addresses:
               1. If sent to the County by the Municipality
                       Muskegon County
                       GIS Coordinator
                       173 E. Apple Ave.
                       Muskegon, MI 49442

               2. If sent to the Municipality by the County
                       City of Muskegon
                       Bryon Mazade, City Manager
                       933 Terrace St.
                       P.O. Box 536
                       Muskegon, MI 49443


XII.   ASSIGNMENT
       A. This Agreement may not be assigned, transferred, or in any way disposed of by either party
       without first having obtained written approval of the other party.


XIII. GOVERNING LAW
       A. This Agreement, and all actions arising from it, must be governed by, subject to, and construed
       according to the law of the State of Michigan, with the understanding that terms and phrases used in
       this Agreement will be given their common and ordinary meaning and not construed against either
       party.
XIV.   LIABILITY
       A. All liability, loss, or damage as a result of claims, demands, costs, or judgments arising out of
       activities of the Municipality will be the sole responsibility of the Municipality and not the responsibility
       of the County. All liability, loss, or damage as a result of claims, demands, costs, or judgments arising
       out of activities of the County will be the sole responsibility of the County and not the responsibility of
       the Municipality. Nothing herein will be construed as a waiver of any governmental immunity, as
       provided by statute or modified by court decisions, by either the County, its agencies, elected or
       appointed officers, employees or the Municipality, and its agencies, officers, and employees.
       B. Neither the County, nor its officers or employees, makes any warranty, expressed or implied,
       including the warranties of merchantability and fitness for a particular purpose, or assumes any legal
       liability or responsibility for the accuracy, functioning, completeness, or usefulness of the County
       Basemap or other County GIS Layers.




          GIS Basic Level of Service Contract-Version 12/19/2007                                  Pages
XV.    NON-DISCRIMINATION
       A. The County and Municipality agree that each shall comply with all Federal and State of Michigan
       laws, rules, and regulations governing fair employment practices and equal employment opportunity.
       The County and the Municipality further agree that each will require any contractor performing services
       under this Agreement to agree to the provisions of this Section.
       B. Breach of this section shall be a material breach of this Agreement.


XVI.   RELATIONSHIP OF PARTIES
       A. The relationship of the Municipality to the County is and will continue to be that of an independent
       contractor. No liability or benefits, such as workers' disability compensation, pension rights, or
       insurance rights, arising out of, or related to a contract for hire or employer/employee relationship
       accrues to either party or either party's agent, subcontractor or employee as a result of this
       Agreement. No relationship, other than that of independent contractor will be implied between the
       parties, or either party's agent, employee, or subcontractor. Regarding liability for benefits as
       described in this paragraph, the County agrees to hold the Municipality harmless from any claims and
       any related costs or expense; and the Municipality agrees to hold the County harmless from any claims
       and any related costs or expense.


XVII. AMENDMENTS
       A. No amendment to this Agreement is effective unless it references this Agreement, is written,
       signed, and acknowledged by duly authorized representatives of both parties.


XVIII. SEVERABILITY OF PROVISIONS
       A. If any clause or provision of this Agreement is rendered invalid or unenforceable because of any
       State of Michigan or Federal statute or regulation or ruling by any tribunal of competent jurisdiction,
       that clause or provision shall be null and void, and any such invalidity or unenforceability shall not
       affect the validity or enforceability of the remainder of this Agreement. Where the deletion of the
       invalid or unenforceable clause or provision would result in the illegality and/or unenforceability of this
       Agreement, this Agreement shall be considered to have terminated as of the date in which the clause
       or provision was rendered invalid or unenforceable.

XIX.   MERGER CLAUSE
       A. This document, including the Appendices, contains the entire Agreement between the parties, and
       all prior negotiations and Agreements are merged in this document. Neither party has made any
       representations except those expressly set forth in this Agreement.


XX.    NONEXCLUSIVE AGREEMENT
       A. The County or the Municipality may contract with other parties providing the same or similar
       exchange of materials and services so long as each party's obligations to one another contained in this
       Agreement will not be affected in any manner.




          GIS Basic Level of Service Contract-Version 12/19/2007                                Page9
XXI.   AUTHORIZATION AND CAPABILITY
       A. The County warrants to the Municipality and the Municipality warrants to the County that it has
       taken all actions necessary for the authorization, execution, delivery, and performance of this
       Agreement, and that each is ready to perform its obligations. The County further warrants that the
       person signing this Agreement is authorized to do so on behalf of the County and is empowered to
       bind the County to this Agreement. The Municipality further warrants that the person signing this
       Agreement is authorized to do so on behalf of the Municipality and is empowered to bind the
       Municipality to this Agreement.
       B. This Agreement is effective only upon review and approval by the Muskegon County Board of
       Commissioners.
       C. This Agreement is effective only upon review and approval by the Municipality's Governing Body.




XXII. SIGNATURES

MUNICIPALITY:                                             MUSKEGON COUNTY:


By:------------                                           By:------------
  Steve Warmington                                          lames Derezinski

Its: City Mayor                                           Its: Chairman of the Board


By:------------                                           By:------------
  Ann M. Becker                                             Karen D. Buie

Its: City Clerk                                           Its: County Clerk



                                                         APPROVED AS TO FORM
                                                         BY MUSKEGON COUNTY
                                                         CORPORATE COUNSEL
                                                         THEODORE WILLIAMS


                                                          By:-----------
                                                            Theodore Williams




          GIS Basic Level of Service Contract - Version 12/19/2007                        Page 10
                                                                                       APPENDIX A
                                       2008/2009 GIS Basic Level of Service Agreement Fee Schedule (Effective October 1, 2008 to September 30, 2009)



                                    Area in                                                        Current Taxable Value     + Current      Population {2004                    Total Annual
          Unit of Government                   Area Cost          Parcel Count    +Parcel# Cost        (per current        Taxable Value        Est) per       +   Population                  % of Unit to
                                    Sq Miles                                                                                                                                    Maintenance
                                                                                                    Equalization Report)       Cost                                 Cost                          Total
                                                                                                                                               WMSRDC                               Fee

< r
           Blue Lake Township         36        1,346.05             1,836            398.74            69,802,844            288.13              2,331             256.37        2,289.30        2.93%
            casnovia Township         36        1,346.05             1,551            336.84            70,566,987            291.29              2,756            303.11         2,277.30        2 .91%
          Cedar Creek Township        36        1,346.05             1,860            403.95            76,435,529            315.51              3,323            365.48         2,430.99        3.11%
             Dalton Township          36        1,346.05             6, 704          1,455.97           225,584,610           931.18              8,884            977.09         4,710.29        6.02%
            Egelston Township         36        1,346.05             4,269            927.14            185,851,277           767.16              9,851            1,083.45       4,123.80        5.27%
            Fruitland Township        37        1,383.44             3,723            808.56            240,981,980           994.73              5,475            602.16
--'--'      Fruitport Township        30        1, 121.71            6,651           1,444.46           460,940,566          1,902.69            12,993            1,429.02
                                                                                                                                                                                  3,788.89
                                                                                                                                                                                  5,897.87
                                                                                                                                                                                                  4.84%
                                                                                                                                                                                                  7.54%
             Holton Township          35        1,308.66             1, 598           347.05            53,817,409            222.15              2,602             286. 18       2,164.04        2.77%
            Laketon Township          17         635.64              3,792            823.54            220,898,765           911.83              7,712            848.19         3,219.21        4.12%
           Montag ue Township         19         710.42              1,182            256.71            51,018,964            210.60              1,678             184.55        1,362.27        1.74%
            Moorland Township         36        1,346.05              947             205.67            38,741,536            159.92              1,849             203.36        1,915.00        2.45%
           Muskegon Township          24         897.37              8,048           1,747.86           373,299,840          1,540.92            18,500            2,034.70       6,220.84        7.95%
            Ravenna Township          36        1,346.05             1, 670           362.69            78,555, 539           324.26              2,905            319.50         2,352.51        3.0 1%
            Sullivan Township         24         897.37              1,333            289.50            63,810,714            263.40              2,437            268.03         1,718.30        2.20%
           White River Township       16         598.25              1,376            298.84            85,004,426            350.88              1,388             152.66        1,400.63        1.79%
            Whitehall Township        10         373.90              1,008            2 18.92           65,987,258            272.38              1,668             183.45        1,048.66        1.34%
             City of Montague          3         112.17              1,705            370.29            83,159,686            343.27              2,345            257.91         1,083.64        1.39%
             City of Muskegon         14         523.46              16,480          3,579.11           745,111,000          3,075.70            39,954            4,394.28      11,572.56       14.79%
         City of Muskegon Heights      3         112.17              5,850           1,270.50           136,871,309           564.98             11,807            1,298.58       3,246.23        4.15%
          City of North Muskegon       2          74.78              1,920            416.98            146,068,385           602.95              4,009            440.92         1,535.63        1.96%
           City of Norton Shores      23         859.98              11,444          2,485.40           925,950,710          3,822.17            23,287            2,561. 19      9,728.74       12.44%
           City of Roosevelt Park      1          37.39              1,666            361.82            127,521,810           526.39              3,819            420.03         1,345.63        1.72°/o
             City of Whitehall         3         112.17              1,707            370.72            120,824,416           498.74              2,828            311.03         1,292.67        1.65%
            Village of casnovia        1          37.39                87             18.89              3,342,329             13.80                 138            15.18          85.26          0.11%
            Village of Fru~port        1          37.39               599             130.09            31,429,780            129.74              1,090             119.88        417.10          0.53%
            Viii Lakewood Club         2          74.78              1,186            257.57            20,975,203             86.58              1,249             137.37         556.31         0.71%
            Village of Ravenna         1          37.39               700             152.03            27,939,674            115.33              1,236             135.94        440.69          0.56%


              Grand Totals            518      $1.9,368.20           90,.892       $1.9,739.83        $4,730,492,546        $29,526.70         1.78,1.1.4.00   $1.9, 589.62     $78,224.35      1.00.00%
         Total Less Village Count     523      $1.9,1.81..25         88,320        $1.9,1.81..25      $4,646,805,560        $1.9,181..25       1.74,401..00    $29,1.81..25     $76,725.00       98.08%




                                                             GIS Basic Level of Service Contract -Version 12/19/2007                       Page 11
                                           APPENDIX B
                                 SAMPLE NONDISCLOSURE AGREEMENT

To protect certain confidential information that may be disclosed to the RECIPIENT, the RECIPIENT agrees as
follows:

        This Agreement is entered into effective __J__j __ between the County of Muskegon, with offices
at 990 Terrace Street, Muskegon, Michigan 49442 ("County'') and - - - - - - - - - - - ~ with
offices a t - - - - - - - - - - ~ - - - - - - - ~ __, _ _ _ _ _ ("Recipient'').


I. DEFINITIONS

       A. "Confidential Information" means the following:

              1. For purposes of this Agreement, the Confidential Information disclosed hereunder is
              identified in Attachment 1. Confidential Information in written or tangible form shall be labeled
              confidential or proprietary prior to disclosure. Confidential Information in oral or intangible form
              shall be designated as confidential or proprietary at the time of disclosure and/or designated as
              confidential or proprietary by notifying the Recipient in writing within thirty (30) days of said
              disclosure.

II. RESTRICTIONS

      A. Recipient agrees not to disclose, provide, or otherwise make available any Confidential Information
      provided by the County to any other person or entity, except as expressly provided in this
      Nondisclosure Agreement. Recipient agrees to restrict disclosure of Confidential Information to those
      employees of Recipient who are made aware of, and agree to abide by, the terms of this Nondisclosure
      Agreement, and even then only on an as-needed basis.

      B. Recipient agrees to take all reasonable steps, at least as great as the steps Recipient takes with
      respect to its own confidential or proprietary information, to protect the Confidential Information
      provided by the County from unauthorized disclosure or use.

      C. County GIS Layers are to be solely retained by the Recipient. In no instance are these Data to be
      placed on the Internet, sold, leased, copied, loaned, or transferred, in whole or part to other public
      agencies, private individuals, private firms, or non-profit entities.

      D. Recipient agrees that it shall use Confidential Information only in the manner and for the purposes
      described in the Attachments. Any other use or disclosure of the Confidential Information shall
      constitute a material breach of this Nondisclosure Agreement.

      E. Recipient shall immediately notify the County in writing of any misuse, misappropriation, or
      unauthorized disclosure of Confidential Information that may come to its attention.

      F. Notwithstanding anything contained in the Attachments, Recipient agrees that it shall not use any
      Confidential Information provided by the County for its own personal or commercial benefit or for the
      personal or commercial benefit of any other person or entity.




          GIS Basic Level of Service Contract-Version 12/19/2007                              Page 12
III.   NO RIGHTS CONFERRED

       A. Recipient acknowledges that nothing contained in this Agreement shall be construed as granting or
       conferring any rights by license or otherwise in any Information disclosed by the County.

IV. NO WARRANTY

       A. None of the Confidential Information that may be disclosed by the County shall constitute any
       representation, warranty, assurance, guarantee, or inducement by the County of any kind. The County
       shall not be liable for the accuracy of the disclosed information.

V. REMEDIES

       A. Recipient acknowledges that its obligations to protect the Confidential Information are essential to
       the business interests of the County and that the disclosure of such Confidential Information in breach
       or threatened breach of this Agreement would cause the County immediate, substantial, and
       irreparable harm, the value of which would be extremely difficult to determine. Accordingly, Recipient
       agrees that, in addition to any other remedies that may be available in law, equity, or otherwise for the
       disclosure or use of Confidential Information in breach of this Agreement, the County shall be entitled
       to seek and obtain a temporary restraining order, injunctive relief, or other equitable relief against the
       continuance of such breach, in addition to all other remedies, and without the requirement of posting a
       bond or undertaking or proving injury as a condition for relief.

VI. POINTS OF CONTACT

       A. The designated points of contact for controlling the authorized release of the Confidential
       Information are

       B. For Muskegon County:
              Thomas Van Bruggen
              Property Information Analyst
              Muskegon County Equalization
              Mapping & GIS
              173 E. Apple Ave.
              Muskegon, MI 49442
              Telephone:    (231) 724-6810
              Fax:          (231) 724-1129
              E-mail: vanbruggenth@co.muskegon. mi. us

       C. For Recipient:
              Name:
              Company:
              Address:


              Telephone:
              Fax :
              E-mail:




          GIS Basic Level of Service Contract- Version 12/19/2007                            Page 13
VII.    RETURN OF MATERIALS

        A. Upon the County's written request, Recipient agrees to promptly return to the County any materials
        or documents, whether or not furnished by the County, containing Confidential Information together
        with all copies thereof made by Recipient, or to destroy such items and deliver to the County written
        certification that they have been destroyed.

VIII. TERM; TERMINATION

        A. This Agreement shall be effective as of the date first written above and shall continue until
        terminated by either party upon thirty (30) days prior written notice. All obligations undertaken
        respecting Confidential Information already provided hereunder shall survive any termination of this
        Agreement. The Recipient shall, within twenty (20) days of a written request by the County, return all
        Confidential Information, including all copies thereof, to the County or, if so directed by the County,
        destroy all such Confidential Information. The Recipient shall also, within ten (10) days of a written
        request by the County, certify in writing that it has satisfied its obligations under Articles 2 and 8 of this
        Agreement.

IX. GOVERNING LAW

        A. The laws of the state of Michigan shall govern the interpretation of this Agreement as it relates to
        the specific disclosed Confidential Information.


X. ACCEPTED AND AGREED

Muskegon County:                                       Recipient:



Thomas Van Bruggen                                     Name:
Property Information Analyst                           Title:

Date:                                                  Date: _ _ _ _ _ _ _ _ _ __
        -----------




           GIS Basic Level of Service Contract-Version 12/19/2007                                Page 14
                                                                    City of Muskegon
                                                                    Finance Department




Memo
 To:     City Commission
 From:   Assistant Finance Director
 Cc:     City Manager, Finance Director, Director of Public Works
 Date:   7/31/08
 Re:     Sewer Back Up Claim at 1387 Sixth Street



 On April 3, 2008 the homeowner at 1387 Sixth Street experienced a sewage back up into her
 basement. The homeowner Ann Craig has filed a liability claim against the City for damages and costs
 associated with the sewer back ups. The homeowners initial claim was for over $30,000 and included
 replacement of furnace, washer, dryer and hot water heater. Due to the extent of this claim an
 independent adjuster was hired to view the damage and settle the claim. The independent adJustor
 Chenard & Osborn and the homeowner have agreed on a settlement amount of $17,324.97 for
 structural damage and contents. Chenard & Osborn recommends that the City settle for this amount.
 The claim will be paid from the City of Muskegon's retention fund at MMRMA This settlement must be
 approved by the City Commission because of the dollar amount.

 Staff recommends approval and asks that action be taken at the Worksession.

Attached you will find the adjustor's reports.
a.::ott Loc~ood
Tlm Cole
                                                   HENARD
Chris Howe
Richard Guider                              ~    ....     &
Paul Roon
Jim Davis
 Grand Rapids                              .,.._,, SBORN, INC.
Nick Woloszyk                      2432 Camelot Court SE • Grand Rapids, Ml 49546
 Kalamazoo                                                                                   ADJUSTMENTS
                                          (616) 956-9345 • Fax (616) 956-1106                 APPRAISALS
Brian Howard                      Website: www.c-and-o.com     E-mail: cando@iserv.net      INVESTIGATIONS
Mike Lake
 Traverse City
                                                        July 1, 2008



         MICHIGAN MUNICIPAL MANAGEMENT
         RISK AUTHORITY
         14001 Merriman
         Livonia, Michigan 48654

         Attention: Frank R. Hughes


                         INSURED:                       CITY OF MUSKEGON
                         CLAIMANT:                      ANN CRAIG
                         CLAIM NO:                      2008-111-53 GPDS (139216)
                         OUR FILE NO:                   1080843
                         LOSS LOCATION:                 1387 SIXTH STREET
                                                        MUSKEGON, MICHIGAN 49441
                         DATE OF LOSS:                  APRIL3, 2008

                                              SECOND REPORT

         ENCLOSURES

         1.    Inventory Sheets (2).
         2.    Estimate for repair of basement.
         3.    Invoice from Servpro dated June 24, 2008.
         4.    Estimate from Servpro dated June 13, 2008, for sewage remediation and cleaning.
         5.    Appliance Evaluation Results.

         PROPERTY DAMAGE: ANN CRAIG

         As outlined in my first report, Servpro of Muskegon completed an estimate of what it
         would have taken them to extract and clean the claimant's basement and any resulting
         damage from tracking into the first level by removal of the contaminated property. Their
         estimate totals $2,893.32. As you will recall, the claimant was requesting almost
         $6,000.00 toward that aspect because of the help of family and friends.

         Additionally, Servpro had Electronic Restoration Services inspect all of the appliances
         which they reported to be in good working order. There was some cleaning that had to
         be done. Their invoice totals $443.00.
Page No. Two
CITY OF MUSKEGON
Our File No: 1080843


They also contracted with Lasco Plumbing & Heating to check the hot water heater and
furnace. Those items checked out all right and were clean and dry, as well as being in
working order. Lasco did note some water damage from a leaking air conditioner coil in
the furnace, but obviously this has nothing to do with the loss.

Servpro's total charges for the above is $787.20, inclusive of the vendors' invoices
referenced above.

After receipt of those items I again met with the claimant and attempted to work out an
acceptable number. The items inspected by the vendors as undamaged were
eliminated from the claimant's loss. The remaining items were depreciated significantly
as the claimant had little purchase evidence other than the credit cards received and the
documents provided in my last report. Some of the other items were compromised as
reasonable numbers. We also added cleaning and painting the basement floor and
reinstalling paneling in the corner.

The number we came up with that is acceptable to the claimant is $17,324.97. This is
approximately 1/2 of the original claim.

The following day the claimant called and requested a $500.00 fee for her friend
Jeannette Lee to compile the receipts and figures and inventory the property. I advised
her I would run this by you.

INSURED

I was also able to speak with the two DPW employees who were in the basement
immediately after the incident. They both state there was up to three inches of sewage
in the basement, particularly in the middle around the furnace area and the end of the
basement toward the stairs and front portion of the house.

Based on the photographs taken by the claimant and your DPW personnel, it appears
as though a lot of the items claimed were on the floor at the time the incident occurred.
The claimant has significant photographic evidence of a large amount of contents in
boxes, etc. There also appears to be a large amount of contents on the floor.

RECOMMENDATIONS

Although the claimant does not have specific receipts for many items claimed, I believe
the photographic evidence tends to support there was a large amount of contents on the
floor.
' .




      Page No. Three
      CITY OF MUSKEGON
      Our File No: 1080843


      Please review the attached material and inventory and advise if you will authorize
      payment in the amount of $17,324.97, with an additional $500.00 to document the
      claimant's loss. If not, please advise on what you would like to offer the claimant in the
      alternative.

      Lastly, please issue a check in the amount of $787.20 payable to Servpro of Muskegon.
      Mail directly to them at 4075 Airline Road, Suite A, Muskegon, Michigan 49444. Their
      tax ID number is 38-3253494.

      Our file is diaried for 60 days pending your response.


                                               CHENARD & OSBORN, INC.


                                                   '< ,(__~~
                                               Timothy H. Cole
                                               Liability General Adjuster

      THC:pgw
      MUSKEGON•2ND.APT
                                                                                                                                       PAGE2



                ...··•.''
  )''··~:-~~,.-~.-:
          .:

                         .
                          s
  El&ctronic Restoration Services
  s 130 Patterson Ave Se .• Svite B                                                                Invoice d3te:      6/19/2008
  Grand Rapids. Ml 49512                                                                           Invoice#:          203078
  (888) 248-3148
  (616) 464-1042                                                                                  ERS Contact:        Kstla Martin
 IRS ID 3~-3586931                                                                                Damage             · Waler
                                                                                                  CIQim:
  CRAIG                                                                                           Insurance J\ame: SERVPRO MUSKEGON
  1387 6TH ST                                                                                     Agent'& n1me        CHAD
  MUSKEGON               Ml 49441                                                                 Ajlent's Phone: (231) 733-7508
  (231) 726-6345                                                                                  Agent's Fnx:        (231) 733-7601

                                                                        Invoice Report
                                         Number of items 4                    CRAIG                          10203078
  Bar Code ID#                 Item Type                          Manuttofurar                    Serial Number        Mod•I Number            Invoice
 10203078001                  dryer                               Wh;rlpool                      4112                GGW9200LWO            $88.00
                              vent was clogged, macllin~ was filled with lint. RoUers ate worn from age and use.              .
                              Pretested. cleaned an4-;,vl0R            14: 11                           ServPro MFP                                                               P.1:12
----~~-·                                                                                                                                                                                                                               P, UUc
 ''
                                                                                                                                                                                                    Daily Service Repon
                                                                                                                                                                                                                     Phone: 231.725.27li
                                                                                                                                                                                                           www,/asakoservice$.com

                                                                                                                    Project                 ~tfM:::                                                             ,
      Job P h o n e # - - - - - - - - - - - Job Number                                                                                                  CLM,.                                       ·
      Customer P,O. #_'.c.--·~ - - - - - - - - Job Descrfpllon                                                                                           g~~C{] ~11- i2f:
      Nke.d .· .                       I                . STR.           OT Rate QTI''.                                                              Materials                                            Unit Cost                     Total ..
      I        -
                                                             I                                                                                                 ..
                   .                                                                      .                                                                                                                                   I
                                                                                                                                                                                                                                  '.
                                                                                                                                                                                                                                        •j.




                                           >_.·_         ,·;,.c _· .... .s,-,                     -·:,,,            -✓ __ .,-,-,,               .J.-           ·,:,.,                           .,...-, ·..;-,;._.    ,;,;   ·.z,, .,;,:_
                                                         J..1-l'i r✓.Af.;                      l..t·            .          Y~-._.~L.                                     .,.,;,,,                   .1.    ·•        .H:      i"i


                                           .. ·:: :./•,  ;·, J;, ,
                                                    .. :,1n
                                                                                              ,i; 'A -:I:,, ,.-;                       ~        .
                                                                                                                                                 .· / ',
                                   ::, .. , , ''7 '_,.:,, / ,- •. µ.__,
                                                                  '/
                                                                                              ;;,· _.,.. I                 A'          •;                                   .               .   .                                  ·.
                                                                                                                                                                                          ;1,/J:•             /..            //,
                                                                                                                                                                                                                             ,. 'dr-
                                                                                                                                                                                                                                  r




          •'
                                                                                                                                       r
                                                                                                                                                                                    ,·.


  Total Hours: STR                                     T/H                  DBL                                Total Materials:


          ~                                                             aid                                    Total Equlpmentnruck Rental:
                                            ~                                                                 Total Labor:
  ~~~-                                                                                                        orher.

  r1~!g~fl"}~rr                                                                                                T,ltel A!t/NJ,/'lt Due:
                                                                                                                                                                                                                              '31,            It)



                                                                                                                                                                   95%                                                            P.03
               JUN-24-2008                 14:12                                              ServPro MFP
'-VVV   vv '-'    , .., • .- ,.



  ··J:ascko
   / ,,I" Plumbing&
                                             375 Bayou SI.
                                             Mvskegon, M/49442
                                             231725, 2i 11
                                                                                  INVOICE NO.               15585
   ~~ ;J;....J' Mcch,;nical, LLC             Fax 231725 8377                      PAGE
                                                                                                        1




         B                                                                                              '
         I     SERV PRO, INC.                                                 S   1387 6TH ST. ANN CRAIG
         L     4075 AIRLINE RD.                                               I   1387 6TH ST.
         L     SUITE A & B                                                   'T   MUSKEGON MI 49441
               MUSKEGON MI 49444                                              E




   -·· 06/13/08                   15585               SER00l           DUE UPON RECEIPT

                                                 U:NI'P                                    UNIT
             TICKET#                       QTY   MEAS DESCRIPTION                          PRICE        PRICE


         W/0 # - A80612005

               SERVICE WORK PER CHAD
               Checked water heater and it was producing hot water. Turned
                off gas, re-lit and ·it lit right up. Looks clean and dry.
                No signs of water. Working good at this time.
             A80612005                                    SERVICE WORK                                        99,00




         WE ACCEPT DISCOVER, MASTERCARD & VISA PAYMENTS.
         THANK YOU FOR YOUR BUSJ;NESS, WE APPRECIATE YOUR REFERRALS!
         FEDERAL ID #20-2014011 - LASCKO PLUMBING & MECHANICAL, LLC
                                                             GROSS                          TAX       NET AMOUNT
                                                               99.00                          .00           99.00


                                                                                   95%                       P.el4
             Tl lt-l-?4-21'!08    14: 12                     SeruPro MFP
Date:        August 5, 2008
To:          Honorable Mayor and City Commissioners
From:        Lowell Kirksey, Recreation Supervisor
RE:          Memorial Honoring Commissioner Kevin Davis


SUMMARY OF REQUEST: Beachwood-Bluffton Neighborhood Association request
that the volleyball court area at Pere Marquette Park north of Captain Jacks
Restaurant be named Kevin Davis Volleyball Ct., in honor of former Commissioner
Kevin Davis for his public service to the citizens of Muskegon, and devotion to
developing Beach volleyball at Pere Marquette Park.
The Neighborhood association will have a dedication ceremony at their community
picnic, August 19 th 6:00PM at the Margaret Drake-Elliott pavilion.


FINANCIAL IMPACT: None.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: Staff recommends approval.

COMMITTEE RECOMMENDATION: The Leisure Service Board approved the
recommendation at there February 19 meeting.
                                                                                     484 West Webster Avenue
                                                                                           P.O.Box32
                                                                                     Muskegon, Michigan 49443


llacAu~ 1/o,u<, tlll                                            11-   11..u<, tlll




               Hackley Heritage Associatiop,.[t(l'f•✓ E o
                                                                                              AUG O1 2008
     Bryon Mazade
                                                                                                 Ni• i.,,(EGQN
     Manager                                                                            ,.., r,! ,\-'!' .f\"I P'; f•rFICE
     City of Muskegon
     933 Terrace Street
     Muskegon,MI49443

      1 August 2008

     Dear Bryon:

     Hackley Heritage Association seeks pe1mission from the City of Muskegon to restore the fence,
     including the recreation of the missing corner posts, around the Solders and Sailors Monument in
     Hackley Park. This project will complement the restoration of the statues and complete the
     renovations of Hackley Park.

     If we receive permission, funding for this project will come from our fund at The Community
     Foundation for Muskegon County. Eagle Alloy is on board to do the casting work and McKay
     Lodge Conservation Laboratory, Inc. will provide technical support. As I'm sure you remember,
     McKay Lodge is the firm that did the restoration of the statues in Hackley Park, Hackley School,
     and Kearney Parle Eagle Alloy reproduced the cast parts of the lampposts in Hackley Park.
     McKay Lodge and Eagle A lloy worked together on the restoration of the fountain in Kearney
     Park.

     I will be pleased to provide any further information needed in the consideration of this request. I
     will send an electronic image of the complete fence.




»l~'7_---
      Sincerely



     Jon G. Colburn
     President
                           AGENDA ITEM NO. _ _ _ _ _ _ _ __

                 CITY COMMISSION MEETING _ _ _ _ _ _ _ _ _ __




TO             Honorable Mayor and City Commissioners

FROM:          Bryon L. Mazade, City Manager

DATE:          August 1, 2008

RE:            West Michigan Transit Linkages Study



SUMMARY OF REQUEST:
To approve a resolution to support conducting a West Michigan Transit Linkages Study to
complete a needs assessment for commuter transit services in West Michigan.



FINANCIAL IMPACT:
None.




BUDGET ACTION REQUIRED
None.




STAFF RECOMMENDATION:
To approve the attached resolution.




COMMITTEE RECOMMENDATION:
None.




pb\AGENOA\WEST Ml TRANSIT LINKAGES STUDY 080108
                                                                                 RECE IVED
                                                                                      JUL 3 1 2008
                County of Ottawa                                                      MUSKEGON
                                                                                CITY MANAGER'S OFFICE
                Planning and Grants Department                                               Mark Knudsen, Directot'

                12220 Fillmore Street, Room 170,West Olive, MI 49460                                    Tel. (616) 738-4852
                                                                                                        Fax (616) 738-4625
                                                                                              Grand Haven (616) 846-8295
July 28, 2008
                                                                                              Grand Rapids (616) 662-3100
Bryon Mazade                                                                                  E-mail: plan@co.ottawa.mi.us
                                                                                  www.miottawa.org/CoGov/Depts/ Planning/
City of Muskegon
933 Terrance Street
Muskegon, MI 49440
RE:     West Michigan Transit Linkages Study Resolution of Support
Dear Bryon:
As you may be aware, Ottawa County received a $110,000 grant in 2007 from the Michigan Department of
Transpo,tation (MDOT) to conduct a countywide transit needs assessment and feasibility study. In early 2008, Mayor
Roger Bergman of Grand Haven approached the County Planning & Grants Department with a proposal to study the
needs and feasibility of creating transit linkages between the existing transit providers in the region (See Enclosure).

The Ottawa County Planning Commission, in partnership with the City of Grand Haven, City of Holland, Grand
Valley State University and several stakeholder groups (See Exhibit A), developed a Request for Proposal (RFP) in
order to hire a consultant to conduct the "West Michigan Transit Linkages Study".

The purpose of the West Michigan Transit Linkages Study is to complete a needs assessment and feasibility study of
commuter transit services in the West Michigan area. The Study will involve the analysis of three different types of
commuter transit needs. The first type of commuter transit need is traveling between existing public transit service
areas. The second type of commuter transit need is traveling from communities without existing transit systems to an
existing public transit service area. The third type of commuter transit need is traveling to major employers that are
located outside of the existing public transit service areas.

If the Study indicates that there is a need for commuter transit service and if the provision of commuter transit
services is determined to be feasible (based on the overall cost, funding availability, and service provider
commitment), a recommended network of express bus routes and transfer stations will be proposed by the consultant.

To that point, the Ottawa County Planning Commission and the West Michigan Transit Linkages Study Coordination
Committee would like to ask the City of Muskegon to suppmt the scope of work (See Exhibit B) and collaborate with
other local units of government, transit providers, and area road agencies to the Study. A sample resolution of support
has been enclosed for your consideration. If you have any questions, please contact Meghann Rauscher, Ottawa
County Planning & Grants Department, at ( 616) 73 8-4893.


t~lly? ~
Jim Miedema, Chair
Ottawa County Planning Commission
JM/mr
cc:     Ottawa County Planning Commission
        Mark Knudsen, Director
        Dean Peterson, Michigan Department ofTranspmtation
file:   2008 Co1Tespondence
        West Michigan Transit Linkages Study - Resolution
                                                                                                                                        --- r~---~-
                    ,.                  · West Michigan Transit Linkages
                                           Commuter Transit Services


                                                                                                                   F~
           Muskegon Arca Trnnsit System
          Herman Ivory Transfer Termina l




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                                       City of Muskegon
                                   Resolution No. 2008-68(g)


            A resolution to participate in West Michigan Transit Linkages Study


At a regular meeting of the City of Muskegon, at the City Hall, 933 Terrace Street of Muskegon,

Michigan on the 11 th day of August, 2008 at 5: 30 p.m. local time.

PRESENT:       Mayor Stephen Warmington, Vice Mayor Steven Gawron, Commis.sioners Chris

Carter, Clara Shepherd, Larry Spataro, Sue Wierenga, and Steven Wisneski

ABSENT:        None

It was moved by Commissioner Spataro and supported by Commissioner Shepherd that the

following Resolution be adopted:

               WHEREAS, the West Michigan Transit Linkages Study Technical Committee,

with input from a wide-variety of stakeholders (See Exhibit A), has developed a request for

proposal (RFP) in order to hire a private consultant to conduct the West Michigan Transit

Linkages Study (' Study'); and

               WHEREAS, the proposed Study is being funded entirely by a grant from the

Michigan Department of Transportation, Ottawa County acting as fiduciary, and is under the

auspices of the Ottawa County Planning Commission and the West Michigan Linkages Study

Coordinating Committee; and,

               WHEREAS, the purpose of the study is to conduct a needs assessment and

feasibility study of commuter transit services in West Michigan; and,

               WHEREAS, the Study will be comprised of four major components, I) transit

needs assessment, 2) commuter transit service options, 3) feasibility analysis, and 4) commuter

transit service recommendations; and,
                 WHEREAS, the transit needs assessment will analyze the following items: I)

existing transit providers and the various services that each provide, 2) locations where transit

needs originate and locations of major destinations where ti-ansit services are needed, and 3) the

specific transit needs of major employers; and,

                 WHEREAS, based on the results of the needs assessment and analysis of transit

service options the consultant will provide recommendations for a proposed network of

commuter bus routes and transfer stations that will, 1) meet the Federal Transit Administration's

(FTA) definition of"commuter bus service", 2) allow linkages to be made between existing

transit service areas and communities without existing transit systems, and 3) provide options for

transit service to major employers; the consultant will also recommend service provider(s) are

willing and able to provide commuter transit services; and,

                 WHEREAS, the feasibility analysis will determine if the recommended commuter

transit service is feasible based on the need, estimated ridership, overall cost, funding

availability, and the willingness/ability of each of the recommended service providers to be

involved; and,

                 WHEREAS, the completion of the Study will provide a document from which

local officials and decision-makers can use to determine if commuter transit services are needed

and feasible, and to what extent, if any, a commuter transit system should be implemented in

West Michigan; and,

                 NOW THEREFORE BE IT RESOLVED, that the City of Muskegon approves the

scope of the work of the West Michigan Transit Linkages Study (See Exhibit B) and will

collaborate with other local units of government, transit providers, and area road agencies to

complete the West Michigan Transit Linkages Study.
                th
Adopted this 11 day of August, 2008.

Ayes:     Wierenga, Wisneski, Carter, Gawron, Shepherd, Spataro, Warmington

Nays:    None

Absent: None




                                           By   \_)hv½'\'\,..'\)y\~ ,, (s ~
                                                   Ann Marie Becker, MMC
                                                                              i   fc '-"
                                                   Its Clerk




                                       CERTIFICATION

This resolution was adopted at a meeting of the City Commission, held on August 11, 2008.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State
of Michigan, Act 267 of the Public Acts of 1976.

                                           CITY OF MUSKEGON
                                            I



                                           B~ ,\ 'v~      \~\A~ Qd(_l      V\
                                              Ann Marie Becker, MCC, City Clerk
                                          Exhibit A
        est 1   IC              . L'lil ka!!:es Stu dIv- C oor d'mahon Comm1't tee
                     1gan T rans1t
 Organization                                  Contact Info.
 Allendale Charter Township Supervisor         Jim Beelen
                                              Supervisor
                                              6676 Lake Michigan Drive
                                              PO Box 539
                                              Allendale, MI 49401
                                              Phone:616-895-6295
                                              E-Mail: jbeelen@altelco.com

Chamber of Commerce, Grand Rapids Area        Jeanne Englehart
                                              President
                                              Grand Rapids Area Chamber of Commerce
                                              111 Pearl Street N.W.
                                              Grand Rapids, MI 49503
                                              Phone: (616) 771-0322
                                              engelehartj@grandrapids.org

City Manager of Coopersville                  Steven R. Patrick
                                              City Manager
                                              City of Coopersville
                                              289 Danforth Street
                                              Coopersville, MI 49404
                                              Phone: 616-997-9731
                                              E-Mail: spatrick@cityofcoopersville.com

City Manager of Ferrysburg                    Craig Bessinger
                                              City Manager
                                              City of Ferrysburg
                                              102 West Savidge
                                              Spring Lake, MI 49456
                                              Phone: 616-842-1889
                                              E-Mail: cbessinger@ferrysburg.org

City Manager of Grand Haven                   Patrick McGinnis
                                              City Manager
                                              City of Grand Haven
                                              519 Washington Avenue
                                              Grand Haven, MI 49417
                                              Phone: (616) 847-4888
                                              E-mail: pmcginnis@grandhaven.org

City Manager of Grand Rapids                  Kurt Kimball
                                              City Manager
                                              City of Grand Rapids
                                              Executive Office
                                              300 Monroe - Room 660
                                              Grand Raoids, MI 49503

                                                                                        1
                                     Exhibit A
                             . L'm kages S tu dIV- C oord'mat10n Comm1'ttee
      West M'1c h'1gan T rans1t
                                          Phone: 616-456-3166
                                          E-Mail: manager@grcity.us

                                         Eric DeLong
                                         Deputy City Manager
                                         City of Grand Rapids
                                         Executive Office
                                         300 Monroe - Room 660
                                         Grand Rapids, MI 49503
                                         Phone: 616-456-3318
                                         edelong@grcity.us

 City Manager of Hudsonville             Pauline Luben
                                         City Manager
                                         City of Hudsonville
                                         3275 Central Blvd.
                                         Hudsonville, MI 49426
                                         Phone: 616-669-0200
                                         E-Mail: pluben@hudsonville.org

City Manager of Muskegon                Bryon Mazade
                                        City Manager
                                        City of Muskegon
                                        933 Terrace St.
                                        PO Box 536
                                        Muskegon, MI 49440
                                        Phone: (231) 724-6724
                                        E-mail: Bryon.Mazade@postman.org

City Manager of Spring Lake             Ryan Cotton
                                        City Manager
                                        Village of Spring Lake
                                        102 W. Savidge Street
                                        Spring Lake, MI 49456
                                        Phone: (616) 842-1393
                                        E-mail: ryan@springlakevillage.org


City Manager of Zeeland                 Tim Klunder
                                        City Manager
                                        City of Zeeland
                                        21 S. Elm Street
                                        Zeeland, MI
                                        Phone: (616) 772-6400
                                        E-mail: citymanager@ci.zeeland.mi.us




                                                                               2
                                       Exhibit A
      West ~Iichi2an Transit Linka2es Study - Coordination Committee
 Disability Advocates of Kent County       David Bulkowski
                                           Executive Director
                                           Disability Advocates of Kent County
                                           3600 Camelot S.E.
                                           Grand Rapids, Ml 49546
                                           Phone: (616) 949-1100, ext. 228
                                           E-mail: dave.b@disabilityadvocates.us

Disability Network/Lakeshore               Ruth Stegeman
                                           Executive Director
                                           Disability N etwork/Lakeshore
                                           426 Century Lane
                                           Holland, Ml 49423
                                           Phone: (616) 396-5326
                                           E-mail: ruth@dnlakeshore.org

                                           Genevieve Risner
                                           Director of Public Policy
                                           Disability Network/Lakeshore
                                           426 Century Lane
                                           Holland, MI 49423
                                           Phone: 616-396-5326
                                           E-mail: genevieve@dnlakeshore.org
Georgetown Township Supervisor             Bill Holland
                                           Georgetown Township Supervisor
                                           1515 Baldwin Street
                                           Jenison, MI 49428
                                           Phone: 616-457-2690
                                           bholl@georgetown-mi.gov

Grand Valley State University              Jim Bachmeier
                                           Vice President for Finance & Administration
                                           Grand Valley State University
                                           1 Campus Drive, 18 JHZ
                                           Allendale, Ml 49401
                                           Phone: (616) 331-2188
                                           E-Mail: bachmeij@gvsu.edu

Grand Valley State University              Lisa Haynes
                                           Assistant Vice President
                                           Pew Campus and Regional Centers
                                           219 C DeVos Center
                                           401 W. Fulton St.
                                           Grand Rapids, MI 49504-6431
                                           Phone: (616) 331-6702
                                           E-mail: haynesl@gvsu.edu



                                                                                    3
                                          Exhibit A
     West Michi!rnn Transit Linkages Studv - Coordination Committee
 Grand Valley Metro Council                   Donald J. Stypula
                                              Executive Director
                                              40 Pearl Street, N.W ., Suite 410
                                              Grand Rapids, MI 49503
                                              Phone: (616) 776-7604
                                              E-Mail: stypulad@gvmc.org

                                              Abed A. Itani
                                              Director of Transportation Planning
                                              40 Pearl Street, N.W ., Suite 410
                                              Grand Rapids, MI 49503
                                              Phone: (616) 776-7606
                                              E-Mail: itania@gvmc.org

                                              Andrea Dewey
                                              Transportation Planner
                                              40 Pearl Street, N.W ., Suite 410
                                              Grand Rapids, MI 49503
                                              Phone: (616) 776-7606
                                              E-Mail: andrea.dewey@gvmc.org

Harbor Transit                                Tom Manderscheid
                                              Director
                                              Harbor Transit
                                              440 North Ferry
                                              Grand Haven, MI 49417
                                              Phone: (616) 842-3220
                                              E-mail: tmanderscheid@grandhaven.org

Holland Charter Township Superintendent       Willis E. Driesenga
                                              Superintendent
                                              Holland Charter Township
                                              353 North 120th Avenue
                                              Holland, MI 49422-8127
                                              Phone: (616) 396-2345
                                              twpsupt@hct.holland.mi.us

ITP-The Rapid                                 Peter Varga
                                              Executive Director
                                              ITP-The Rapid
                                              300 Ellsworth Ave. SW
                                              Grand Rapids, MI 49503
                                              Phone: 456-7514
                                              E-mail: pvarga@ridetherapid.org

                                              Jim Fetzer
                                              Director of Development
                                              ITP-The Rapid

                                                                                     4
                                     Exhibit A
      West lVIichigan Transit Linkages Study- Coordinat10n Committee
                                         300 Ellsworth SW
                                         Grand Rapids, MI 49503
                                         Phone: 456-7514
                                         E-mail: jfetzer@ridetherapid.org

 Lakeshore Advantage                     Randy Thelen
                                         President
                                         Lakeshore Advantage
                                         201 W. Washington Ave. Suite 410
                                       · Zeeland, MI 49464
                                         Phone: (616) 772-5226
                                         E-mail: RT@lakeshoreadvantage.com

 Macatawa Area Express (MAX),            Linda LeFebre
 (Dial-a-Ride)                           Coordinator
                                         Macatawa Area Express
                                         171 Lincoln, Suite 20
                                         Holland, MI 49423
                                         Phone: (616) 928-2486
                                         E-mail: L.LeFebre@cityofholland.com

Macatawa Area Coordinating Council      Sue Higgins
(MACC)                                  Executive Director
                                        MACC
                                        400 136th Ave., Suite 416
                                        Holland, MI 49424
                                        Phone: (616) 395-2688
                                        E-mail: shiggins@the-macc.org

                                        Steve Bulthuis
                                        Planner
                                        MACC
                                        400 136th Ave., Suite 416
                                        Holland, MI 49424
                                        Phone: (616) 395-2688
                                        E-mail: sbulthuis@the-macc.org

Mayor of Coopersville                   Hon. Kenneth Bush
                                        289 Danforth Street
                                        Coopersville, MI 49404
                                        6I 6-997-9731
                                        E-Mail: kbushOOl@msn.com

Mayor of Ferrysburg                     Hon. Jeff Stille
                                        408 Fifth Street
                                        PO Box 38
                                        Ferrysburg, MI 49409
                                        Phone: 616-842-5803

                                                                               5
                                           Exhibit A
      Wes tM'1ch'1gan    r   rans1"t L'Ill kages Std
                                                   U 1y- Coor d'1na f10n C omm1'tt ee
                                                 E-Mail: jeffsti!le@comcast.net


  Mayor of Grand Haven                         Hon. Roger Bergman
                                               Mayor
                                               City of Grand Haven
                                               519 Washington Ave
                                               Grand Haven, MI 49417-1486
                                               Phone: (616) 842-3210
                                               E-mail: rbergman@grandhaven.org


 Mayor of Grand Rapids                         Hon. George Heartwell
                                               Mayor
                                               City of Grand Rapids
                                               300 Monroe Ave. NW
                                               Grand Rapids, MI 49503
                                               Phone: 456-3168
                                               E-mail: gheartwe@ci.grand-rapids.mi.us

 Mayor of Holland                             Hon. Al McGeehan
                                              Mayor
                                              City of Holland
                                              270 S. River Ave.
                                              Holland, MI 49423
                                              Phone: (616) 355-1314
                                              E-mail: a.mcgeehan@cityofholland.com

Mayor of Muskegon                             Hon. Steve Warmington
                                              Mayor
                                              City of Muskegon
                                              933 Terrace St
                                              Muskegon,MI 49440
                                              Phone: (231) 724-6701
                                              steve. warmington@shorelinecity.com

Mayor of Zeeland                              Hon. Les Hoogland
                                              21 S. Elm Street
                                              Zeeland, MI
                                              Phone: 616-772-6400
                                              E-Mail: clerk@ci.zeeland.mi.us

Michigan Department of Transportation         Steve Redmond
(MOOT)                                        MDOT - Grand Region
                                              1420 Front Street NW
                                              Grand Rapids, MI 49504
                                              Phone: (616) 451-4994
                                              E-mail: redmonds(@.michigan.gov
                                                                                        6
                                        Exhibit A
                                       ...
                  .... Transit Linkaaes Studv - Coordination Committee
      West l\t!ichiaan

                                              Dean Peterson
                                              MOOT - Lansing
                                              425 West Ottawa Street
                                              P.O. Box 30050
                                              Lansing, MI 48909
                                              Phone: (517) 335-2544
                                              E-Mail: petersonde@michigan.gov

 Muskegon Area Chamber of Commerce           Cindy Larsen
                                             President
                                             Muskegon Area Chamber of Commerce
                                             900 Third Street, Suite 200
                                             Muskegon,MI49440
                                             Phone: 231-722-3751
                                             E-Mail: clarsen@muskegon.org

 Muskegon Area Transit System (MATS)         Jim Koens
                                             Transit Systems Manager
                                             Muskegon Area Transit System
                                             2624 Sixth St.
                                             Muskegon Heights, MI 49444
                                             Phone: (231) 724-6420
                                             E-mail: koensj@co.muskegon.mi.us

Ottawa County Planning & Grants              Mark Knudsen
Department.                                  Director
                                             Ottawa County Planning and Grants
                                             Department.
                                             122220 Fillmore, Room 331
                                             West Olive, MI 49460
                                             Phone: (616) 738-4852
                                             E-mail: mknudsen @co.ottawa.mi.us

                                             Meghann Rauscher
                                             Transportation Planner
                                             Ottawa County Planning and Grants
                                             Department.
                                             122220 Fillmore
                                             West Olive, MI 49460
                                             Phone: (616) 738-4852
                                             E-mail: rnrauscher@co.ottawa.mi.us

Pioneer Resources                            Tiffany Bowman
                                             Transportation Director
                                             Pioneer Resources
                                             4190 Sunnyside Drive
                                             Holland, MI 49424

                                                                                  7
                                          Exhibit A
      West Ivlichii!:an Transit Linka2:es Study- Coordinat10n Committee
                                               Phone: (616) 355-3219
                                               E-mail: tbowman@pioneerresources.org

 Spring Lake Township Supervisor              John Nash
                                              Spring Lake Township Supervisor
                                              15643 View Drive
                                              Spring Lake, MI 49456
                                              Phone: 616-844-2100
                                              E-Mail jnash@springlaketwp.org

 The Right Place                              Rick Chapla
                                              Vice President for Redevelopment
                                              The Right Place
                                              161 Ottawa Ave NW, Suite 400
                                              Grand Rapids, MI 49503-2701
                                              Phone: 771-0328
                                              Cell: 443-6053
                                              E-mail: chaplar@rightplace.org

West Michigan Regional Planning               Dave Bee, AICP
Commission                                   Director
                                             West Michigan Regional Planning Commission
                                             820 Monroe Ave. NW, Suite 214
                                             Grand Rapids, MI 49503
                                             Phone: 774-8400
                                             E-mail: dbee@wmrpc.org

West Michigan Strategic Alliance (WMSA)      Greg Northrup
                                             President
                                             West Michigan Strategic Alliance
                                             213 C DeVos
                                             401 West Fulton
                                             Grand Rapids, MI 49504
                                             Phone: 356-6060
                                             E-mail: northrupg@wm-alliance.org

West Michigan Shoreline Regional             Sandeep Dey
Development Commission (WMSRDC)              Executive Director
                                             WMSRDC
                                             316 Morris Avenue, Suite 340
                                             P.O. Box 387
                                             Muskegon,MI49443-0387
                                             Phone: (231) 722-7878
                                             Fax: (231) 722-9362
                                             E-mail: sdey@wmsrdc.org




                                                                                      8
                           Exhibit A
West ~Iichi2an Transit Linka2es Studv- Coordination Committee
                                Jerry Scott
                                E-mail: scott@ghsp.com




                                                            9
                                                             Exhibit B


                           WEST MICHIGAN TRANSIT LINK,\GES STUDY

    Project Scope

             A.    Purpose
                  The purpose of the West Michigan Transit Linkages Study is to complete a needs
                  assessment and feasibility study of commuter transit services in the West Michigan area.
                  This Study will involve the analysis of three different types of commuter transit needs. The
                  first type of commuter transit need is traveling between existing public transit service
                  areas. The second type of commuter transit need is traveling from communities without
                  existing transit systems to an existing public transit service area. The third type of
                  commuter transit need is traveling to major employers that are located outside of existing
                  public transit service areas.

            B.    Definitions
                  All defined terms are noted in italic font throughout this RFP. For the purposes of this
                  Study, the following terms shall apply:

                     I. "Existing public transit service areas" shall refer to the fixed-route service areas of
                        the following transit systems: Macatawa Area Express (MAX), Muskegon Area
                        Transit System (MATS), and The Rapid. It shall also refer to the demand-response
                        service areas of the following transit systems: Macatawa Area Express (MAX) and
                        Harbor Transit.

                    2. "Communities without existing transit systems" shall refer to the following
                       municipalities that do not presently have transit services: Allendale Township (except
                       for the Grand Valley State University campus which is served by The Rapid), City of
                       Coopersville, Georgetown Township, and the City of Hudsonville.

                    3. "Commuter transit services" shall refer to transportation between the existing public
                       transit services areas; transportation to/from communities without existing transit
                       systems; and transportation to major employers.

                    4. "Major employers" shall refer to employers located within Ottawa County but outside
                        of the existing public transit service areas that employ five-hundred (500) or more
                        persons. Major employers shall also refer to major employment cores, such as
                        industrial parks and office parks.

           C.     Assessment of Existing Public Transportation Services

                    I. Service Provider Identification
                       Identify all of the transit agencies that provide transit services within Ottawa County 1•
                       This list shall include, but is not limited to the following:
                          a. Public transit agencies

1
    The Muskegon Area Transit System (MATS) does not currently provide service into Ottawa County, however this transit
    provider must be included in this assessment due to the fact that the commuter transit services as proposed in this RFP
    could potentially include transit services to/from the MATS service area.
                                                               I
                                                              Exhibit B


                               b. Private transportation companies
                               c. Non-profit agencies
                               d. Other transit providers as identified by the consultant

                      2. Service Provider Assessment
                         Once all of the transit providers have been identified, assess the services provided and
                         the ridership of each agency 2• This assessment shall include an analysis of the
                         following items:
                             a. Type of transit service(s) provided (i.e. demand-response, line-haul, senior
                                 transportation, transportation for disabled persons)
                             b. Service area, fixed-route locations, number and location of bus stops/transfer
                                 points, and route frequency. A GIS (geographic information systems) map
                                 shall be provided that displays the geographical extents of the service area,
                                 fixed-route locations, bus stops, and transfer points.
                             c. Hours of operation
                             d. Fare structure for all transit services provided
                             e. Overall capabilities, including the types of riders that can be accommodated.
                                Types of riders shall include, but are not limited to the following:
                                      i. Seniors
                                     ii. Disabled persons
                                     iii. School children (unaccompanied)
                            f. Population served and the demographics of riders served. Population served
                                shall include, but is not limited to the following groups:
                                     i. Seniors
                                     ii. Disabled persons
                                     iii. School children
                                     iv. Low-income individuals
                                    v. Unlicensed drivers
                                Demographics analyzed shall include, but are not limited to the following:
                                    i. Age
                                   ii. Income
                                   iii. Race
                             g. Total number ofrides provided (current and historical figures).

           D.     Needs Assessment (extend of demand)
                  The consultant shall conduct a needs assessment for commuter transit services focusing on
                  the needs of the residents of Ottawa County.
                    1. Determine the need (extend of demand) for commuter transit services in Ottawa
                        County. This analysis shall itemize the transit needs of each local unit of government
                        in Ottawa County separately.
                            a. Determine the types of trips that are needed. Types of trips may include, but
                               are not limited the following:
                                   i. Employment
                                   ii. Medical appointments

2
    Methods used to collect this information may include, but are not limited to, on-board surveys and data being collected by
    the transit provider.
                                                                2
                                         Exhibit B


                       iii. Education (e.g. school, job training, higher education, extra-curricular
                            activities)
                       iv. Government programs
                       v. Shopping
                      vi. Recreation
                      vii. Worship and other social activities
              b. Determine the types of riders that need commuter transit services. Types of
                  riders may include, but are not limited to the following:
                      i. Employees
                      ii. Seniors
                      iii. Disabled persons
                      iv. School children (unaccompanied)
                      v. College/university students
                      vi. Low-income individuals
             c. Determine when (times, days, and seasons) commuter transit services are
                 needed.
             d. Determine the specific locations of major trip originations and destinations
                 within Ottawa County. A GIS map and text shall be used to describe the
                 following locations:
                     i. Identify major locations within Ottawa County where transit needs
                           originate. Major locations may include, but are not limited to the
                           following:
                                I. Assisted living facilities
                               2. Senior housing
                               3. Maj or residential cores
                     ii. Identify major destinations within Ottawa County. Major destinations
                           may include, but are not limited to the following:
                            I. Major employers
                            2. Medical centers/campuses
                            3. Schools/colleges/universities
                            4. Govermnent facilities
                            5. Shopping centers
                            6. Places of worship
                            7. Recreational destinations
                    iii. Other pertinent locations as determined by the consultant and/or
                         Coordination Committee

     2. Conduct a survey of the major employers that were identified in item d(ii) above.
        The survey shall be conducted to analyze each employer's hours of operations,
        beginning and ending times of each shift, total number of employees, and the number
        of employees with unmet transportation needs. A detailed report highlighting the
        information above shall be provided.

E. Commuter Transit Service Options
   In order to consider the provision of commuter transit services, a proposed network of
   express bus routes and transfer stations must be developed. The commuter transit service
   options shall meet the requirements/definition of"commuter bus service" as defined by the
   Federal Transit Administration (FTA). The consultant shall provide options for commuter
                                           3
                                      Exhibit B


bus routes and transfer stations that could potentially be utilized to provide linkages
between the existing public transit service areas; provide transit options for persons
residing in communities without existing transit systems; and provide transit options for
persons traveling to major employers.
  1. Commuter Bus Routes/Bus Stops
      In order to fully analyze the use of commuter bus route(s) and bus stops, the
      following items shall be addressed:
           a. Provide options for the total number and location of commuter bus routes that
               could potentially be utilized to meet the need for commuter transit services
               (based on the results of the needs assessment). The number and location of
               commuter bus routes shall be based on, but not limited to the following
               priorities:
                    1. Meet the requirements of "commuter bus service" as defined by the
                          FTA.
                    ii. Provide direct links between the existing public transit service areas
                          with a limited number of stops
                    iii. Minimize travel time (to the greatest extent possible)
          b. Provide options for the optimal number of stops along each of the commuter
               bus route options. The number of stops along each commuter bus route shall
              be based on, but not limited to the following priorities:
                    1.   The number of stops should be based on the requirements of
                         "commuter bus service" as defined by the FTA
                   11. Locate bus stops so as to accommodate the areas where the greatest
                         need for commuter transit service is present (as determined in the
                         Needs Assessment)
                   iii. Locate bus stops so as to provide service to communities without
                         existing transit systems
                   iv. Locate bus stops at or near existing facilities, such as park and ride lots
         c. Provide a GIS map displaying the options for commuter bus routes/bus stops
         d. Provide options for the frequency of service (arrival/departure times) for each
              of the commuter bus route options. Frequency of service shall be based upon,
              but is not limited to the following priorities:
                  i. Accommodate the need for commuter transit service (as determined in
                        the Needs Assessment)
                  ii. Accommodate the schedules (to the greatest extent possible) of major
                        employers
        e. Provide an estimation of the potential ridership for each bus route option.
             Additionally, provide the projected ridership for each bus route over the next
             twenty (20) years.

2. Transfer Station(s)
   In order to fully analyze the use of transfer station(s), the following items shall be
   addressed:                                                      ·
       a. Provide options for the total number and location of transfer station( s) that
          could be utilized to meet the demand for commuter transit service (as
          determined in the Needs Assessment). The number and location of transfer
          station(s) shall be based on, but not limited to the following priorities:

                                       4
                                       Exhibit B


                      i. Meet the requirements of "commuter bus service" as defined by the
                           FTA.
                     ii. Utilize the existing main transfer stations of the following transit
                           agencies:
                               1. Harbor Transit - Transfer Station
                               2. MAX - Padnos Transportation Center
                               3. MATS - Herman Ivory Transfer Terminal
                              4. The Rapid - Central Station
                     iii. Options for new buildings/facilities may be proposed if necessary to
                          meet the need for commuter transit services. If a new building/facility
                          is proposed, the following items shall be considered:
                              1. Locate transfer station(s) in order to accommodate major trip
                                  originations and destinations (as determined in the Needs
                                  Assessment), including (to the greatest extent possible) major
                                  employers.
                              2. Transfer stations shall be located and designed in order to
                                  accommodate the current estimated ridership and projected
                                  ridership over the next twenty (20) years.
         b.    Estimate the total number of riders that will be utilizing each transfer station
               option during operating hours. Additionally, provide the projected number of
               riders that will be utilizing each transfer station over the next twenty (20)
               years.
        c.     Provide options related to the infrastructure needs for each transfer station
               option (including any additional infrastructure needs that will be necessary to
               provide commuter transit services at the existing main transfer stations listed
               above). The consultant shall consider, but is not limited to analyzing the
               following infrastructure needs:
                   i. Parking lot size, bicycle parking
                   ii. Rain shelters
                   iii. Lighting, emergency telephones, and other safety measures
                   iv. Accessibility requirements of the ADA, and general
                         accessibility/pedestrian needs (e.g. sidewalks, crosswalks, etc)
                   v. Visual aids stating bus routes, hours of operation, and other necessary
                         information
        d.    Provide options for the hours of operation and staffing requirements that will
              be necessary to provide commuter transit services at each transfer station
              option. Hours of operation shall accommodate the proposed commuter bus
              route schedule and shall be coordinated with the schedules of other modes of
              transportation that are available at the transfer station (e.g. Amtrak, inter-city
              bus).
        e.    Determine the impact that the transfer station( s) may have on the surrounding
              road network due to the increased vehicular traffic during peak hours.
       f.     Provide a GIS map displaying the general location of each transfer station
              option.

3. Vehicle Fleet(s)
   Provide options for the type of vehicle (or fleet of vehicles) that will be necessary to
   provide commuter transit services at each transfer station. Options for vehicle(s)
                                        5
                                         Exhibit B


          and/or vehicle fleets shall meet the accessibility requirements of the ADA. In
          addition, vehicles and/or vehicle fleets shall (to the greatest extent possible) be the
          most efficient, in terms of overall cost and fuel consumption, for the estimated
          ridership. The consultant shall also determine the equipment needs that will be
          necessary in order to accept fares, particularly multi-ride tickets as required for
          "commuter bus service" as defined by the FTA (see item #4 below).

      4. Multi-Ride Tickets
         Provide options for the utilization of multi-ride tickets, pursuant to the requirements
         of"commuter bus service" as defined by the FTA.

      5. Service Provider(s)
         The consultant shall provide options for the service provider(s) that could be utilized
         to provide commuter transit services on each of the bus route options and at each
         transfer station option. Options for the service provider(s) shall be provided that meet
         the requirements of "commuter bus service" as defined by the FTA. Service provider
         options may include, but are not limited to the following:
             a. Utilizing existing public or private transit providers to provide commuter
                 transit services on each of the proposed bus routes and at each transfer station.
             b. Creation of a new system(s) that will provide commuter transit services on
                 each of the proposed bus routes and at each transfer station.
             c. Create partnerships among major employers in order to provide pick-up and
                 drop-off service for their employees at the transfer station(s).
             d. A combination of the above methods and/or any other option(s) as proposed
                by the consultant.

F. Commuter Transit Service Feasibility
   Based on the options for commuter bus routes, transfer station(s), vehicle fleet(s), multi-
   ride tickets, and service provider(s), the consultant shall conduct a feasibility analysis that
   addresses the following items:
     1. Overall Cost
             a. Determine the overall capital, administrative, and operational costs necessary
                  to implement and sustain commuter transit services on an annual basis and for
                  a ten (10) year period.

    2. Itemized Cost
           a. Provide the estimated capital, administrative, and operational costs necessary
              to implement and sustain commuter transit services along each of the bus
              routes options and at each of the transfer station options.
          b. Determine the cost per ride for each of the bus route options.
          c. Determine the cost for major employers to provide pick-up/drop-off service
              for their employees.

    3. Funding
          a. Identify all funding sources that could be utilized to implement and sustain
             commuter transit services. Funding sources shall be itemized by their purpose
             (i.e. capital, operational, administrative, etc.).

                                           6
                                      Exhibit B


             b. Once all available funding sources and funding amounts have been identified,
                determine the amount of gap funding that will still be needed in order to
                implement and sustain commuter transit services.
             c. The consultant shall identify revenue sources that could be utilized to
                eliminate any funding shortfalls. Revenue sources may include, but are not
                limited to the following:
                    i. Fare box revenue
                            I. Determine the price-point consumers are willing to pay for
                                commuter transit services on each bus route option.
                    ii. Local millages or other local contributions
                    iii. Advertising and/or other marketing promotions
                    iv. Other revenue sources as identified by the consultant

     4. Transfer Station(s)
           a. Determine the willingness/ability of the following transit agencies to permit
               the use of their existing transfer stations in order to accommodate commuter
               transit services:
                   i. Harbor Transit -Transfer Station
                   ii. MAX - Padnos Transportation Center
                   ii. MATS - Herman Ivory Transfer Terminal
                   iii. The Rapid- Central Station

    5. Major Employers
          a. Determine the willingness/ability of major employers to change their hours of
             operation and/or shifts in order to accommodate commuter transit services.
         b. Determine the willingness/ability of major employers to contribute to the
             system financially, and to what extent.
         c. Determine the willingness/ability of major employers to initiate commuter
             incentive programs and/or other incentive programs (e.g. transit vouchers,
             flexible work hours for employees using public transit).

    6. Service Providers
          a. Determine the willingness/ability of each of the transit service provider
              options to provide commuter transit services on each of the bus route options
              and at each transfer station option.
          b. Determine the willingness/ability of demand-response transit providers to
              provide coordinated service to each of the transfer station options.
          c. Determine the willingness/ability of major employers to provide pick-up and
              drop-off service for their employees at each transfer station.

G. Recommendations
    l. Commuter Bus Service (FTA)
       The final recommendations for the creation of a commuter transit system shall meet
       the requirements of "commuter bus service" as defined by FTA, and the
       recommendation shall further be approved by the FTA in writing.

    2. Commuter Bus Routes/Transfer Station(s)Nehicle Fleet(s)/Multi-Ride Ticket(s)

                                        7
                                         Exhibit B


          Provide recommendations for the most feasible network of bus route(s) and transfer
          station(s). Provide recommendations for the most feasible vehicle or fleet of vehicles
          that will be necessary to provide commuter transit services and accept multi-ride
          tickets. The recommendations shall be based on the results of the needs assessment
          and feasibility analysis and shall meet (to the greatest extent possible) the demand for
          commuter transit services in the most cost-effective manner.

      3. Service Provider(s)
         Provide a recommendation for an appropriate service provider(s) that is willing/able
         to provide commuter transit services.

H. Study Coordination
    There are several public transportation studies being conducted in West Michigan. The
    results of these studies, if completed, may be utilized to fulfill any of the requirements
    listed herein, but only if their use will not add expense, time, or undue burden to any part of
    the Study.
       1. Harbor Transit: This study is being conducted by officials at Harbor Transit. The
          purpose of the study is to explore expanded service areas, determine feasibility of
          fixed-route services and conduct a demand-response efficiency study.

     2. Grand Valley Metropolitan Council (GVMC): This study is being conducted by
        officials at GVMC. The purpose of the study is to determine the feasibility of
        expanding the transit service area.

     3. Disability Network/Lakeshore: This study is being conducted by officials at
        Disability Network/Lakeshore. The purpose of the study is to analyze the impact that
        lack of transit has on individuals residing within the Hudsonville/Georgetown
        Township area.

I. Meetings
   The consultant will be required to provide a qualified representative(s) to attend all
   required meetings. At a minimum, the following meetings shall be held:
     I. Kick-Off Meeting: The consultant shall hold a "kick-off' meeting in order to present
         detailed information regarding the methodology and step-by-step approach that will
         be used in completing the scope of work (i.e. the "Approach Plan", see Section IV,
         Item A, #3). This meeting is anticipated to occur in September, 2008.

     2. Coordination Committee: The West Michigan Transit Linkages Study Coordination
        Committee (a group of key stakeholders) was assembled in order to oversee and
        guide the progress of the Study. Input shall be solicited from the Coordination
        Committee throughout the entire study process. The consultant shall propose a
        regular schedule of meetings (at least four [4] meetings) for the purpose of obtaining
        input from the Coordination Committee and keeping committee members abreast of
        the Study progress and outcomes. A list of the members of the Coordination
        Committee will be provided to the chosen consultant.

    3. General Public: The consultant shall hold at least two (2) meetings for the purposes
       of obtaining input/feedback and presenting study findings to the general public. The
                                           8
                                 Exhibit B


   consultant shall propose methodology that could be utilized to engage the general
   public in the study process.

4. Final Presentations: The consultant shall conduct a formal presentation of the study
   findings to the Ottawa County Board of Commissioners, Ottawa County Planning
   Commission, and Coordination Committee once the Study is complete.




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