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CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 8, 2005
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
o CALL TO ORDER:
o PRAYER:
o PLEDGE OF ALLEGIANCE:
o ROLL CALL:
o HONORS AND AWARDS:
o INTRODUCTIONS/PRESENTATION:
o CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Resolution for Charitable Gaming License. CITY CLERK
C. Fireworks Display- Shrine Circus. CITY CLERK
D. Amendment to City Commission Rules and Procedures. LEGISLATIVE
POLICY COMMITTEE
E. Budgeted Vehicle Replacement - Two Dodge 1500 4x4 Quad Cabs.
PUBLIC WORKS
F. Budgeted Vehicle Purchase - Two Chevrolet Colorado Trucks. PUBLIC
WORKS
G. Budgeted Vehicle Replacement - Three Ford F-250 Trucks. PUBLIC
WORKS
H. Budgeted Vehicle Replacement - Three F-450 Cab and Chassis.
PUBLIC WORKS
I. Budgeted Plow Truck Purchase- Two Cab and Chassis. PUBLIC WORKS
J. Grant Agreement with the State of Michigan. CITY CLERK
o PUBLIC HEARINGS:
A. Create a Special Assessment District for Clay Avenue, Terrace to
Spring. ENGINEERING
B. Create a Special Assessment District for Park Street, Laketon to Young.
ENGINEERING
o COMMUNICATIONS:
o CITY MANAGER'S REPORT:
o UNFINISHED BUSINESS:
o NEW BUSINESS:
A. Brownfield Site Assessment Professional Services Aareement
Environmental Consultants. PLANNING & ECONOMIC DEVELOPMENT
B. Seasonal and Temporary Services Provider Contract. CIVIL SERVICE
C. Consideration of Bids: Dale Ave., Ruddiman to McGraft. ENGINEERING
D. Consideration of Bids: Evart Street. Allen to Amity. ENGINEERING
E. Consideration of Bids: Hudson, Forest to Southern. ENGINEERING
F. Change Order to add the 2005 Sidewalk Replacement Program onto
the 2004 Contract. ENGINEERING
G. LED Traffic Signals. ENGINEERING
o ANY OTHER BUSINESS:
o PUBLIC PARTICIPATION:
> Reminder: Individuals who would like to address the City Commission shoJI do the following:
);> Fill out a request to speak form attached to the agenda or located in the back of the room.
l> Submit the form to the City Clerk.
» Be recognized by the Chair.
> Step forward to the microphone.
> State name and address.
}> Limit of 3 minutes to address the Commission.
)> (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
o ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATIEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A.
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml49440 OR BY CALLING (231) 724-6705 OR TOO: (231)
724-4172.
Date: February 8, 2005
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve the minutes of the Regular
Commission Meeting that was held on Tuesday, January 25, 2005.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
FEBRUARY 8, 2005
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City
Hall, 933 Terrace Street, Muskegon, Michigan at 5:30 p.m., Tuesday, February 8,
2005.
Mayor Warmington opened the meeting with a prayer from Pastor Sarah
Johnson of the Word of Truth Outreach after which the Commission and public
recited the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Warmington, Vice Mayor Bill Larson, Commissioner
Stephen Gawron, Clara Shepherd, Lawrence Spataro, Chris Carter, and Kevin
Davis, City Manager Bryon Mazade, City Attorney John Schrier, and Deputy City
Clerk Linda Potter.
2005-11 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Regular Commission
Meeting that was held on Tuesday, January 25, 2005.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Resolution for Charitable Gaming License. CITY CLERK
SUMMARY OF REQUEST: Criminal Justice Services, Inc., 1267 Pine Street, is
requesting a resolution recognizing them as a non-profit organization operating
in the City for the purpose of obtaining a gaming license. They have been
recognized as a 501 (c) (3) organization by the State. They would like to hold
Bingo games on an ongoing basis.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
C. Fireworks Display- Shrine Circus. CITY CLERK
SUMMARY OF REQUEST: Jordan Productions, Inc., is requesting approval of a
fireworks display permit for March 4th and 5th at the Walker Arena. Fire Marshall
Metcalf will inspect the fireworks. The insurance coverage has been approved.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on inspection of the fireworks.
D. Amendment to City Commission Rules and Procedures. LEGISLATIVE
POLICY COMMITTEE
SUMMARY OF REQUEST: To adopt the amendment to the City Commission Rules
and Procedures to include the following addition:
Under Section titled Guidelines of Conduct, Paragraph C add #4 to say "Before
any Commissioner accepts an appointment to any out of state board which
may involve out of state travel, he or she must first bring it before the entire
Commission for consideration."
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
COMMITTEE RECOMMENDATION: Recommends Approval.
E. Budgeted Vehicle Replacement - Two Dodge 1500 4x4 Quad Cabs.
PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase two Dodge 1500 4 x 4 Quad
Cabs using the State of Michigan Purchasing Contract.
FINANCIAL IMPACT: Total Cost $42,361.56.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase.
F. Budgeted Vehicle Purchase - Two Chevrolet Colorado Trucks. PUBLIC
WORKS
SUMMARY OF REQUEST: Approval to purchase two Chevrolet Colorado Trucks
using statewide purchasing.
FINANCIAL IMPACT: Total Cost $29.752.28.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve purchase.
G. Budgeted Vehicle Replacement - Three Ford F-250 Trucks. PUBLIC
WORKS
SUMMARY OF REQUEST: Approval to purchase three Ford F-250 trucks from Tony
Betten & Sons Ford.
FINANCIAL IMPACT: Total Cost $48,000.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the purchase of three Ford F-250 trucks
from Tony Betten & Sons Ford.
H. Budgeted Vehicle Replacement - Three F-450 Cab and Chassis.
PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase three F-450 cab and chassis from
Tony Betten and Sons and fabrication using Monroe equipment.
FINANCIAL IMPACT: Total Cost $74,905.98.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approve the purchase of three F-450 cab and
chassis from Tony Betten and Sons and fabrication using Monroe equipment.
I. Budgeted Plow Truck Purchase- Two Cab and Chassis. PUBLIC WORKS
SUMMARY OF REQUEST: Approval to purchase two cab and chassis from
Woodland International. Underbody plows and boxes will be purchased
separately.
FINANCIAL IMPACT: Total Cost $104,062.24.
BUDGET ACTION REQUIRED: None. $150,000 was budgeted for the total
purchase.
STAFF RECOMMENDATION: Approve purchase of budgeted replacement plow
trucks from Woodland International.
K. Grant Agreement with the State of Michigan. CITY CLERK
SUMMARY OF REQUEST: To enter into a Grant Agreement with the State of
Michigan for voting equipment and related software and to appoint Gail
Kundinger, City Clerk, as the grant manager.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request.
Motion by Commissioner Gawron, second by Commissioner Shepherd to
approve the Consent Agenda with the exception of item J.
ROLL VOTE: Ayes: larson, Shepherd, Spataro, Warmington, Carter, Davis, and
Gawron
Nays: None
MOTION PASSES
2005-12 ITEM REMOVED FROM THE CONSENT AGENDA:
J. Amendment to Special Event Policy. CITY MANAGER
SUMMARY OF REQUEST: To amend the city's Special Event Policy to provide that
only the permit application fee is waived for Veterans' Groups and
Neighborhood Associations. Other special events service requests will not be
waived.
FINANCIAL IMPACT: Unknown potential savings to the City.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the proposed amendment.
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
amendment to the Special Event Policy.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
Larson
Nays: None
MOTION PASSES
2005-13 PUBLIC HEARINGS:
A. Create a Special Assessment District for Clay Avenue, Terrace to
Spring. ENGINEERING
SUMMARY OF REQUEST: To hold a Public Hearing on the proposed special
assessment for Clay Avenue, Terrace to Spring, and to create the special
assessment district and appoint two City Commissioners to the Board of Assessors
if it is determined to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 5:41 p.m. to hear and consider any comments
from the public. No public comments were made.
Motion by Commissioner Spataro, second by Commissioner Davis to close the
Public Hearing at 5:43 p.m. and approve the special assessment for Clay
Avenue, Terrace to Spring.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
Shepherd
Nays: None
MOTION PASSES
Commissioner Shepherd and Vice Mayor Larson were appointed to the Board of
Assessors.
B. Create a Special Assessment District for Park Street, Laketon to Young.
ENGINEERING
SUMMARY OF REQUEST: To hold a Public Hearing on the proposed special
assessment for Park Street, Laketon to Young, and to create the special
assessment district and appoint two City Commissioners to the Board of Assessors
if it is determined to proceed with the project.
FINANCIAL IMPACT: None at this time.
BUDGET ACTION REQUIRED: None at this time.
STAFF RECOMMENDATION: To create the special assessment district and assign
two City Commissioners to the Board of Assessors by adopting the resolution.
The Public Hearing opened at 5:45 p.m. to hear and consider any comments
from the public. Comments in opposition were heard from: Allen Lowe and
Craig Lowe, co-owners of Greater Muskegon Transfer, 1922 Park.
Motion by Commissioner Spataro, second by Commissioner Gawron to close the
Public Hearing at 6:02 p.m. and approve the special assessment for Park Street,
Laketon to Young.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
Spataro
Nays: None
MOTION PASSES
Commissioner Spataro and Mayor Warmington were appointed to the Board of
Assessors.
2005-14 NEW BUSINESS:
A. Brownfield Site Assessment Professional Services Agreement -
Environmental Consultants. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: To approve the "Professional Services Agreement"
("Agreement") for environmental services related to the Site Assessment
Grant/Loan received by the City. This same Agreement will be used between
the City and each of the four firms approved by the Commission (i.e., Prein &
Newhof, P.S., Westshore Engineering, ERM, Inc., Horizon Environmental).
FINANCIAL IMPACT: The payments to the environmental consultants will be
made from the Site Assessment Grant/Loan through the Michigan Department
of Environmental Quality.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the Agreement between the City of
Muskegon and the four approved environmental consultants, and authorize the
Mayor and Clerk to sign the Agreements.
Motion by Commissioner Spataro, second by Commissioner Shepherd to
approve the Brownfield Site Assessment Professional Services Agreement.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
B. Seasonal and Temporary Services Provider Contract. CIVIL SERVICE
SUMMARY OF REQUEST: Approval of provider contract for seasonal and
temporary employment services. RFP solicitation resulted in three proposals,
which were due February 1, 2005. Proposals were received from:
GoodTemps, 765 W. Norton, Muskegon, Ml 49441
MANPOWER, 20 West Muskegon Avenue, Muskegon, Ml 49440-1317
Troy Technical Services, Inc., 1000 3-Mile Rd. NW, Grand Rapids, Ml 49544
A committee consisting of managers and users reviewed proposals and
interviewed bidder representatives. While GoodTemps was the low bidder, the
decision to award them the contract was not made exclusively on that factor.
Overall, GoodTemps presented a desirable package in terms of flexibility,
responsiveness, hiring and orientation process, reporting, and commitment to
equal employment opportunity.
FINANCIAL IMPACT: Seasonal and temporary services are projected to cost
approximately $400,000 during 2005.
BUDGET ACTION REQUIRED: Financial resources are allocated in the 2005
budget.
COMMITIEE RECOMMENDATION: The committee recommends that GoodTemps
be awarded the 2005-2007 seasonal and temporary services provider contract.
STAFF RECOMMENDATION: Staff recommends and requests approval of the
decision to award the seasonal and temporary services contract to
GoodTemps, contingent upon working out agreement terms acceptable to the
City Attorney.
Motion by Commissioner Shepherd, second by Commissioner Spataro to
approve the seasonal and temporary services provider contract with
GoodTemps.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
Carter
Nays: None
MOTION PASSES
C. Consideration of Bids: Dale Ave .. Ruddiman to McGraft. ENGINEERING
SUMMARY OF REQUEST: The paving as well as sanitary sewer upgrade contract
(H-1596) on Dale Avenue between Ruddiman Street & McGraft Street be
awarded to Dan Hoe Excavating, Inc. out of Holland, MI. Dan Hoe Excavating,
Inc. was the lowest, responsible bidder with a bid price of $96,808.45.
FINANCIAL IMPACT: The construction cost of $96,808.45 plus related engineering
expenses.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Dan Hoe Excavating, Inc.
Motion by Commissioner Gawron, second by Vice Mayor Larson to award the
contract for Dale Avenue, Ruddiman to McGraft to Dan Hoe Excavating, Inc.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
Davis
Nays: None.
MOTION PASSES
D. Consideration of Bids: Evart Street, Allen to Amity. ENGINEERING
SUMMARY OF REQUEST: The paving contract (H-1597) on Evart Street between
Allen Avenue & Amity Avenue be awarded to McCormick Sand, Inc. out of
Shelby, MI. McCormick Sand, Inc. was the lowest, responsible bidder with a bid
price of $34,977.69.
FINANCIAL IMPACT: The construction cost of $34,977.69 plus related engineering
expenses.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to McCormick Sand, Inc.
Motion by Commissioner Spataro, second by Commissioner Shepherd to award
the contract for Evart Street, Allen to Amity, to McCormick Sand, Inc.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
Gawron
Nays: None
MOTION PASSES
E. Consideration of Bids: Hudson. Forest to Southern. ENGINEERING
SUMMARY OF REQUEST: The utility work contract (S-588 & W-646) on Hudson
between Forest & Southern be awarded to Jackson Merkey Contractors out of
Muskegon. Jackson Merkey was the lowest, responsible bidder with a bid price
of $84,223.30. ·
FINANCIAL IMPACT: The construction cost of $84,223.30 plus related engineering
expenses.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Jackson Merkey Contractors.
Motion by Commissioner Spataro, second by Commissioner Gawron to award
the contract for Hudson between Forest & Southern to Jackson Merkey
Contractors.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
Larson
Nays: None
MOTION PASSES
F. Change Order to add the 2005 Sidewalk Replacement Program onto
the 2004 Contract. ENGINEERING
SUMMARY OF REQUEST: It is requested that the 2004 Sidewalk contract with
Accurate Excavators be amended to include the 2005 Sidewalk Program via a
change order at an estimated cost of $156,007.
FINANCIAL IMPACT: The construction cost of $156,007 plus related engineering
expenses which is estimated at 20%.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Amend the 2004 contract with Accurate Excavators
to include the 2005 project.
Motion by Vice Mayor Larson, second by Commissioner Gawron to amend the
2004 contract with Accurate Excavators to include the 2005 project.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
Shepherd
Nays: None
MOTION PASSES
G. LED Traffic Signals. ENGINEERING
SUMMARY OF REQUEST: Authorize staff to enter into an agreement with Strain
Electric Company out of Grand Rapids, Ml, to replace the incandescent signals
with LED (light - emitting diode) ones for the purpose of saving energy
consumptions and enhancing visibility at more than thirty (30) locations within
the City. The cost of this agreement would be $116,7 60 with a payback of less
than 4-years while the expected life of those LEDs is estimated at 5-7 years.
Strain Electric is being recommended without a formal bid process due to their
desire & willingness to extend the unit prices they did the Norton Shores project
for in 2004. Norton Shores went through a formal bid process and Strain was
selected based on qualifications and being the lowest responsible bidder.
FINANCIAL IMPACT: The cost of labor & materials of $116,750.
BUDGET ACTION REQUIRED: The upcoming quarterly budget will be revised to
reflect this project and eliminate the Lakeshore Drive, Lincoln to McCracken
project from the Major Street list of the 2005 CIP budget sinc e our request for
grant was not approved by MOOT.
STAFF RECOMMENDATION : Authorize staff to enter into an agreement with Strain
Electric to upgrade traffic signals.
Motion by Commissioner Spataro, second by Commissioner Gawron to authorize
staff to enter into an agreement with Strain Electric.
ROLL VOTE: Ayes: None
Nays: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
Spa~aro
MOTION FAILS
2005-15 PUBLIC PARTICIPATION:
Various comments were heard from the public.
Eugene Stout asked where we are with the possible lay off of Fire Fighters.
Discussion was held.
Motion by Commissioner Spataro, second by Commissioner Shepherd to refer
the issue of inspections by the Fire Department to staff to resolve, which will
include a withdrawal of outstanding grievances within 48 hours, or take the
necessary steps to reinstate the former Housing Inspection positions and make
the required adjustment to the 2005 budget.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
ADJOURNMENT: The City Commission adjourned at 7:23p.m .
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk
Date: February 8, 2005
To: Honorable Mayor and City Commissioners
From: Gail Kundinger, City Clerk
RE: Resolution for Charitable Gaming License
SUMMARY OF REQUEST: Criminal Justice Services, Inc., 1267 Pine
Street is requesting a resolution recognizing them as a non-profit
organization operating in the City for the purpose of obtaining a gaming
license. They have been recognized as a 501 (c) (3) organization by the
State. They would like to hold Bingo games on an ongoing basis.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
CRIMINAL JUSTICE SERVICES, INC.
1267 Pine Street
MusRegon Michigan 49442
Phone: 231-722-2349
Fax: 231-903-4155
"Stand for something, or fall for anything"
January 27, 2005
MusRegon City Council
City of MusRegon
933 Terrace
MusRegon Ml49440
Dear Council Members:
My agency would liRe to apply for a license to conduct a Bingo game on an
ongoing basis. I have enclosed our Articles of Incorporation, a letter from the
Internal Revenue Service proving that we are a 501 c3 non profit organization
and a copy of our brochure which details or services.
The funds derived from Bingo will help us to provide counseling and
intervention service to persons who are in trouble with the law. We will also
provide funds to help these people secure job training and housing. Funds will
also be used to assist persons who are mentally ill and are in need of funds for
clothing, food, utility payments, etc when these services cannot be obtained
from another agency.
I would appreicate your endorsement so that we can continue our application
for a Bingo license.
If you require any additional information, please do not hesitate to contact me.
Sincerely,
[~6(
President
Michigan Department of Consumer and Industry Services
Filing Endorsement
This is to Certify that the ARTICLES OF INCORPORATION- NONPROFIT
for
CRIMINAL JUSTICE SERVICES INC.
ID NUMBER: 78071.2
received by facsimile transmission on February 5, 2004 is hereby endorsed filed on
February 11, 2004 by the Administrator. The document is effective on the date filed,
unless a subsequent effective date within 90 days after received date is stated in the
document.
In testimony whereof, I have hereunto set my
hand and affixed the Seal of the Department,
in the City of Lansing, this 11th day
of February, 2004.
Bureau of Commercial Services
Sent bv Facsimile Transmission 04051
C&S 0f12 (Rev ..~'00)
MICHIGAN DEPARTMENT OF CONSUMER & INDUSTRY SERVICES
CORPORATION AND LAND DEVELOPMENT BUREAU
Date Received (FOR BUREAU USE ONLY)
This document is effective On the date filed, unless
a subsequent effective date within 90 days after
received date is stated in the document.
Name
Bruce B. Hubbard
Address
77 East Tohn Street
City State Zip Code
Hicksville NY 11801 EFFECTIVE DATE:
% Document will be returned to the name and address you enter above i9"
ARTICLES OF INCORPORATION
For use by Domestic Nonprofit Corporations
(Please read information and instruction on the last page)
Pursuant to the provisions of Act 162, Public Acts of 1982, the undersigned corporation executes the following
Articles:
ARTICLE1
The name of the corporation is: Criminal Justice Services Inc.
ARTICLE II
The purpose or purposes for which the corporation is organized are: To provide counseling, consultation, housing and
family intervention services to all persons who are on parole, probation or who are presently incarcerated in a
jail or prison located within the State of Michigan.
Said organization is organized exclusively for charitable, religious, educational and scientific purposes,
including, for such purposes, the making of distributions to organizations that qualify as exempt organizations under
Section 501 (c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code.
No part of the net earnings of the organization shall inure to the benefit of, or be distributable to its members,
trustees, officers, or other private persons, except that the organization shall be authorized and empowered to pay
reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes
set forth in the purpose clause hereof. No substantial part of the activities of the organization shall be the carrying on
of propaganda, or otherwise attempting to influence legislation, and the organization shall not participate in, or
intervene in (including the publishing or distributions of statements) and political campaign on behalf of any candidate
for public office.
Notwithstanding any other provision of this document, the organization shall not carry on any other activities
not permitted to be carried on (a) by an organization exempt from Federal income tax under section 501 (c) (3) of the
Internal Revenue Code, or corresponding section of any future tax code, or (b) by an organization, contributions to
which are deductible under section 170 (c) (2) of the Internal Revenue Code, or corresponding section of any future
federal tax code.
Upon the dissolution of the organization, assets shall be distributed for one or more exempt purposes within
the meaning of section 501 (c) (3) of the Internal Revenue Code, or corresponding section of any future Federal tax
code, or shall be distributed to the federal government, or to a state or local government, for a public purpose. Any
such assets not disposed of shall be disposed of by the Court of Common Pleas of the county in which the principal
office of the organization is then located, exclusively for such purposes or to such organization of organizations, as
said Court shall determine, which are organized and operated exclusively for such purposes.
ARliCLE HI
The Tot2l authorized shares:
1. The corporation is organized upon a _ _ _ _ __,N'::'::o"":-n"'s'-'toco"-'c"k~--:----'basis.
(Stock or Nonstock)
2. If organized on a stock basis, the total number of shares which the corporation has authority to issue is
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . If the shares are, or are to be, divided into
classes, the designation of each class, the number of shares in each class, and the relative rights, preferences and
limitations of the shares of each class are as follows:
3. a. If organized on a nonstock basis, the description and value of its real property assets are: (if none, insert "none")
None
b. The description and value of its personal property assets are: (if none, insert "none")
None
c. The corporation is to be financiJd under the following general plan: Donations
~. The corporation is organized on a _ _ _ _ ____o::D:...=:ir=-e=-c=t:_o=r=s=-hi=·+p:___ _ _ _.basis.
{Membership or Directorship)
ARTICLE IV
1. The address of the registered office is:
1=2-=-6--c7-"'P-=i=n.::.::e-=S::..:t:.::.r-=-ee-=-t:__~~~~-------"'M=-=-u=s.::ck::.::e.ogc::oc::cn=---~·
___ Michigan~~--'4::.:9-=4::;4;::;:2~...,....-~-
IStreet Address) (City) (ZIP Code)
2. The mailing address of the registered office, if different than above:
----------------------------'Michigan
(Street Address or P.O. Box) (City) (ZIP Code)
3. The name of the resident agent at the registered office is:
RobertS. Teszlewicz
ARTICLEV
The name(s) and address(es) of the incorporator(s) is (are) as follows:
Name Residence or Business Address
Rgpert S. Teszl~'--"w-'-'i'-"'c='z---~ 1267 Pine Street, Muskegon, MI 49442
'· (We), '"' ~'"'?'"""''"' "'' my ':"'L'"' '"'" 3Yd '"' ol Feb mary, 2004
r~:~a-a / /
;{;~ D2 --f>]~cY=r=
f=l-
/ __
¥=-
Name of person or organization Preparer's name and business
remitting fees: telephone number:
Bruce B. Hubbard 1-516-935-3940
Internal Revenue Service
Department of the Treasury
P. 0. Box 2508
Date: June 7, 2004 Cincinnati, OH 45201
Person to Contact:
Criminal Justice Services Inc. Michelle Jones 31-07675
1267 Pine St. Customer Service Specialist
Muskegon, Ml 49442-3510 Toll Free Telephone Number:
8:00a.m. to 6:30p.m. EST
877-829-5500
Fax Number:
513-263-3756
Federal Identification Number:
38-2755646
Dear Sir or Madam:
This is in response to the amendment to your organizations Articles of Incorporation filed with the state on April
27, 2004. We have updated our records to reflect the name change as indicated above.
In April 1988 we issued a determination letter that recognized your organization as exempt from federal income
tax. Our records indicate that your organization is currently exempt under section 501(c)(3) of the Internal
Revenue Code.
Based on information subsequently submitted, we classified your organization as one that is not a private
foundation within the meaning of section 509( a) of the Code because it is an organization described in
sections 509(a)(1) and 170(b)(1)(A)(vi).
This classification was based on the assumption that your organization's operations would continue as stated
in the application. If your organization's sources of support, or its character, method of operations, or purposes
have changed, please let us know so we can consider the effect of the change on the exempt status and
foundation status of your organization.
Your organization is required to file Form 990, Return of Organization Exempt from Income Tax, only if its
gross receipts each year are normally more than $25,000. If a return is required, it must be filed by the 15th
day of the fifth month after the end of the organization's annual accounting period. The law imposes a penalty
of $20 a day, up to a maximum of $10,000, when a return is filed late, unless there is reasonable cause for the
delay.
All exempt organizations (unless specifically excluded) are liable for taxes under the Federal Insurance
Contributions Act (social security taxes) on remuneration of $100 or more paid to each employee during a
calendar year. Your organization is not liable for the tax imposed under the Federal Unemployment Tax Act
(FUTA).
Organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the
Code. However, these organizations are not automatically exempt from other federal excise taxes.
Donors may deduct contributions to your organization as provided in section 170 of the Code. Bequests,
legacies, devises, transfers, or gifts to your organization or for its use are deductible for federal estate and gift
tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code.
-2-
Criminal Justice Services Inc.
38-2755646
Your organization is not required to file federal income tax returns unless it is subject to the tax on unrelated
business income under section 511 of the Code. If your organization is subject to this tax, it must file an
income tax return on the Form 990-T, Exempt Organization Business Income Tax Return. In this letter, we are
not determining whether any of your organization's present or proposed activities are unrelated trade or
business as defined in section 513 of the Code.
Section 6104 of the Internal Revenue Code requires you to make your organization's annual return available
for public inspection without charge for three years after the due date of the return. The law also requires
organizations that received recognition of exemption on July 15, 1987, or later, to make available for public
inspection a copy of the exemption application, any supporting documents and the exemption letter to any
individual who requests such documents in person or in writing. Organizations that received recognition of
exemption before July 15, 1987, and had a copy of their exemption application on July 15, 1987, are also
required to make available for public inspection a copy of the exemption application, any supporting documents
and the exemption letter to any individual who requests such documents in person or in writing.
For additional information on disclosure requirements, please refer to Internal Revenue Bulletin 1999 - 17.
Because this letter could help resolve any questions about your organization's exempt status and foundation
status, you should keep it with the organization's permanent records.
If you have any questions, please call us at the telephone number shown in the heading of this letter.
Sincerely,
~'KJ&fu
Janna K. Skufca, Director, TE/GE
Customer Account Services
li /
~- · .: /
c"'"'"' Gom;og o;w•oo
Box 30023. Lansing, Ml 48909
OVE RNIG HT DELIVERY:
10 1 E. Hillsdale, Lansing Ml 48933
2005-11(b)
w (5 17) 335-5780
lOIJERV www.michigan.gov/cg
LOCAL GOVERNING BODY RESOLUTION FOR CHARITABLE GAMING LICENSES
(Required by MCL.432.103(9))
At a ___.B...,e""'-'!!fg""'u._l...,a""-'-r__________ meeting of the -~C~1~
· t~y~C~o':fm~m:'::"i~s~s~i~o~n~=;:;---
REGULAR OR SPECIAL TOWNSHIP. CITY, OR VILLAGE COUNCI LIBOARD
calledtoorderby Mayor Warmington on February 8, 2005
--~~-----~---------- D~E
at._.....:.S::.....:=--3=-0.::.___ _ ~./p.m. the following resolution was offered :
TIME
Moved by Commissioner Gawron and supported by Commissioner Shepherd
that the request from Criminal Justic e Services of Muskegon
NAME OFORGANIZATION ----~'-:C:::
ITY
::-:------
county of _....:M=-u::.:s=-k=-=-=e_..g~o:..:n.:..__ _ _ _ _ _ _ _ _ _ , asking that they be recognized as a
COUNTY NAME
nonprofit organization operating in the community for the purpose of obtaining a charitable
gaming license, be considered for _A--=-p-=-p_r--:-o::::v::::a:::-:1:-:---:::==::-:-----
APPRovAl.JDisAPPRovAL
APPROVAL DISAPPROVAL
Yeas: 7 Yeas:
Nays: 0 Nays:
Absent: 0 Absent:
I hereby certify that the foregoing is a true and complete copy of a resolution offered and
adopted by the City Commission at a _....:.R:.:.e=...:J.g....:u:.:l:::-::a::::r=:-:-::= =::7."'""----
TOWNSHIP. CITY. OR VILLAGE COUNCILJBOARD REGuLAR OR SPECIAL
SIGNED:
Gail A. Kundinger, MMC, City Clerk
PRINTED NAME AND TITLE
933 Terrace, Musk e gon, MT 49440
ADDRESS
COMPLETION: Required.
PENALTY: Possible denial of application.
BSL-CG-1153(R 7/02)
Date: February 8, 2005
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Fireworks Display- Shrine Circus
SUMMARY OF REQUEST: Jordan Productions, Inc., is requesting
approval of a fireworks display permit for March 4th and 5th at the Walker
Arena. Fire Marshall Metcalf will inspect the fireworks. The insurance
coverage has been approved.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval contingent on insJ:ection of the
fireworks.
2005-11(c)
PERMIT
FOR FIREWORKS DISPLAY
Act 358, P.A. 1968
This permit is not transferable. Possession of this permit by the herein named person will
authorize him to possess, transport and display fireworks in the amounts, for the purpose, and
at the place listed below only.
TYPE OF DISPLAY: frn PUBLIC DISPLAY ( ) AGRICULTURAL PEST CONI'ROL
ISSUED TO: Jordan Productions
NAME Jody Jordan
ADDRESS
4040 s. Pearl St., Las Vegan, · NV AGE 37
CJiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii- ·..
REPRESENTING
NA."'E OF ORGA.'l!ZATION, GROL'P, FIRM OR CORPORATION
Saladin $brine Qenter
ADDRESS 4200 Salidin Dr., S.E., Grand Rapids, MI
NUMBER & TYPES OF FIREWORKS:
rndpor Fireworks• 3 Displays over Circus Rings
2 Slow Sparkle 2 Concussion
2 Fast Sparkle 2 Aerial
DISPLAY:
L. C. Walker Arena
EXACT LOCATION
955 4th St,, Muskegon, MI
CITY, VILLAGE. TOWNSHIP DATE TIME
March 4 & 5, 2005 As Scheduled
BOND OR INSURANCE FILED: (X) YES ()NO AMOUNT $1,000,000.
ISSUED BY
Issued by action of the MJISKEGON CITY COMMISSION
(council, commiukll\ board)
of the crrv of MJ/SKEGON
(c.1ty, vtlbgc. :aW!Ullip) (rwne o( o;ity, vill•1e. :avmship)
(11!(1111\m: .i:. poliUOn af c.ouncil, comm1uiQ11 Ut boud rcpr~CI'IUI..Ivc)
Jan 05 05 10•15a JORDAN WORLD CIRCUS l702J 451-2822 p.2
-- -Jan. ~ · LUUO'"II : tbAM' ' ..,lYALKtH AKtNA·MU~K ,.~~,~-.'"'"''"'''i '-'-l'Y ""-t.~<"' No.7956 rp . 2 1:1£
, ~ U( It· IIIII
·APPLICATION
FOR FIREWORKS DISPLAY PERMIT
Act .358, P.A. 1968
I OATI 0~ AI'I'LIC ...TIOIIl
. 1 -5-05 ..
..
1, TYPE OF ti1SPI.4Yc
. Pt411e l:ltuor,, 0 Pw•t
fii A9rlevlhlrllf C:tlfttral
l:z~ ,.,._,e~t4t
NAM£ 0~ ,.~R:IOfll AOCIA6&S
4040 S.P0..:1rl ~t:. . T ,;:j p: NV,Q ~~7i'.f't 1M ~'t' .~..,
Jodv .Tordan V0.0il!'l.
" /flo CO"I'OIIATIDN• N•- at Pree•4!ent ACDIIeU
Jordan Pro4Cft
...<::...;:}1 ··ol"' -i n ~h.,..iY"In ("'Qnf-1'.,... 4?00 ~.:~linin nr s . r.:. , · Grand Rno'i s
.$, ~l(ACT LOCATIO~ OF PROPOUD 01$"UV
r..c . Walker Arcnu. 95."i 4th st. Muskeoon.
DArt
.._ .. - ·
M:i 49440
~~~{ S<:h(~d·uled
Murch 4-J f'"' 2005
6. NUM$£R ANI) KIHOS OF F'l REWORICS TO U OIJPl.AYeD
Tnooor F'irc wor'ks : 1 ni ~ olav s o ve r <:ircus R1no~;
?. Slow Soarkle
/. r'ast SOr1 rk 1 0
7. Concu~ !-' ion
2 Aerial
..
MA~N·II .. """'CII 0~ ITOil..t.(J. I'AIQII YO OIII'I.AY
..
D \1 .... r. 0:: r'\nr i " 1 t-" P.t'Y)(" wI r.oc k
1 lluDi&C\ 10 _Appt.,_val _J_I '-~•1 P t• 1\vltoorlol••l
., ~· >loMOUNT g~ I)()NI) Cll INIUIIIJINC::~
7, Fll'fAt-I~I'AL ftUPONSIBI~ITY i· I 1• De a•t ~V ""'M~fD41".VI ! 7. 00.0 000.00
I;Q~1'0UoTION 0' I NSVAANC~ COMI"ANVt 111 ... 1...
11 3°3~ p~~k
• • •ONOINQ 4
Bro ok & Associate s - Ri c b. Brooks Av. River Fores t, r. 60305
~c .' m~
,.
Jan 05 05 10:16a JORDAN WORLD CIRCUS (702) 451-2822 p.3
eEijrtfj;ICA'Tt=_ - •.-o·_f:, ~-s_·-WR.~,'.Nc_··_ -.~::" .. .,;;c._____,;J_:· :...- .-..;...
~ f'!-J1"'.ONLY
'"jT'H il sr-e:JrANO
~-~ if·Ti'i F~'j j~A T'i'i•f;'f:ls§"-iliSf!SiNO:uiE 'iJo;-RIGHTS
A :~ S-._~"j: JAMJi. ~ -UPON
:'fo c.!fi.~~-H! iC_Ofi!F'iil~mJ!i1nfit\_~;t--j
··J:.·
__- --- - _,· DAT., ••,••/W)
. . , --··· . -- -·----·· .. - , -··
(:0NF~RS l11E CERTIFICATE
RICHARD A. BROOKS AND ASSOCIATES, LTD. HOLDER, THIS CERTIFICAT~ OOES NOT AMEND, EXTEND 011
1338 PARK AVE. AlTER lHF.- COVERAGI!: AFFORDED BV Tl-fE POLICir!:S CJE:LOW.
RIVER I'OREST, IL. 60305
708 771 _3553 COMI"ANV
UNDERWRITERS. LLOYD$ OF LONDON
• k ••• _A_ .. __ ... ··-·-·· ..
INSU~EO
1-co_"a,"'_._'_F_I_R_E_~~-DC~s.~~=T_V_I_N_S_U_R_AN_C_E_C_O~!A~~--------1
JORDAN PRODUCTIONS, INC. <;OMIIAm
4040 S. PEARL STREET
c ____ --------------- -.. ·---~-----------
LAS VEGAS, NV 89121 COMPANY
D
COVfiflA~~S. •; .; ...... _.._... _ _ . _, _ _. ... ,.,;, . , _ ,_ ,, ,, _ ... :!;i<:;;•:r\.-.:.L.'',' __ . ____ .. _
THIS IS TO CERTIFY 1'HA) '!Hf I~OUCII::~ OF INSURANCE LISTED tsi:LOW HAvr. Ul..t.:N ISSUUO TO THE INSUHI::O NAMf-:1} AOOVE FOR i'H~ I"'OUCV Ptt'!IOO
INOICATED, NOT WITHSTANDING ANY Rf.C!UIAI-Mr;NT, TERM OR COND!TION OF ANY CONTRACT OR OTHER DOCUMf:N't WITH RESPECT TO WHICH. THIS
CI.R'I't!!'ICAl'r. MAY 00: ISSUED Ofl: MAY PEWrAIN, '1'1-tr INSURANCE AF"FOROEO UV 'rHI. PO\.ICII"S OCSCRIOFD HER!' IN W tiUnJCCT TO ALL THE T(AMS.
_J,!c;!,~Y,~1.9.~f. ..~N0, C,ONO.i:!''P.~.n qr-_!',_~qli POI:Iq_H:.~•..L!.~I-~i~_f.HOWN ~~y t-i.I~Yf.f:lC[t:-i..J:tfDUf_[.Q,ft'(.ly_\_1,0 C~~IMf:'!.'. ·····-·-
co 'NP-.:_ OF tNSVAAftCE POLICV NiJ;,f;lt;R; POUCY EFFECl1Vl: POI.tCY f!XPIRA'nON \.IMIT3
L'l'J( DATE(MMIDDNY) t:JAY£ (MMIQQ!YY')
GENI:'RAI.. I,IAflU,ITY
ar M:HA!:_ ~~~~~:~~"-"n'--·-+''--'?..LQ..Q.Q,_<;>_o_q_.~
I
A X COMMERCIAL GI:N~ f~Al, l.IAIIII,ITY D300QCPQOQQ3116-3 10·15·04 10..15-05 I'H00VCTS • £?.~P/~CPC'AO:G"-Gf'$-~1";0':00'='-0"0"0"'--,_
r.;_ ~ ClAIMS MADE:: 0 OCCUR
I
' ~~ASONAI, If. AOV INJURY 1_, 0Q0 ,_QQ_Q...!..._.
S
1
O'NNt:R':l f. COtfl'liACY<)(~':~ I'I~Or
I' -~ ACHOC~-U~~f-~~.r.. , .- .. ~ -~-- ..*·].. ,Q9_Q,_9_0_L
r!~~~AMAGh (Any~;~nnll~) $ 5_9...~..(>9.9.· .. ,.,
-
I MFIJ F:XP (Any OM' pmoo) $
AUiOMOAIL.I" l,!Anli,ITY
f.!)MUINl 0 $1NOLI:. LIMIT 1,000,000,
a -- ANY AUTO ASA 001399·5 5~3·04 5-3-05 '
All O~EDAUTOS
rx- f>CHf.OtJlfDAVrot> ' 1,000,000,
---- HlfUOAUTO!-;
NON-0~[0 ll.l,fi'O~
(}.~.?~~~fCCF..SS 1,.1AI31LITV fACH OCCUnRENC[ $
.':'l" UMOHt:LLA fORM
__ ···t_ Ontl:" I HAN UMOI-Cf:I.~A f'0~111
WOA:KI!ft'S C¢MPE:N~'r1QM ANO
t:M~lO\'t:ft$' LIAO!Lil"'' ~~'r'A'rU"''Qr~Y U"!!!.fs.___ ·-..........., ..... --~--~·"•'
r·--*·-·----...
A(:H ACClVt;NT
,,. :S
............
THE PROPki(IOH:t I"'"IINCL ~!~_EA~[ - PO~!CV I,IMI~ :j;
f'At·fi'Nt)l.M:xtCUT!vt:.
0FF1CEI1.S ARE: . . ncxcL QI:!EASE- EACH EMPLOYr.r: $
OTIII:R
SHOW DATES: lOCATION:
~arch 4--5, 2005' Muske<>on. Mi.
OI::S.~Atfrlt¢N 0~ 01'1iHI\110Nl.lll.OCAn0NtlWEitiC.:LES/5PECIAl.ITEMS
ADDITIONAL INSURED IN REGARD TO THE OPERATIONS OFTHE NAMED INSURED:
Arena Manu.aement Grouo. r.r.r.: C:.:i. tv of Muskl"'o-ori .. Mi.: nl.u~ thoRc' Pntitins
liRtAd on the attr>tchAd addendum
.·,.,
--·c·.AN.·a·~L._LA_T-10"'
' - . ~ .. --- ""--'<.--
'"""" -
-.. ·
- ""'
--·- -.-:-'
" - ._,_ '
'
5HOULO ANY OF' THC AOOVh OFA<:RIRI.iQ PQJ.lCI[S 0[ CANCI!LlLO 9~FOAC 'I'H~
. ;-.;-'-'----···"-
'"' .. ;,c_.;.c ........... :" -
.:XPJRATION OAl"( 'l'k(~fQfl, ittc: 'H~)VING COMPANY WILl ENOC'AVOR "!'0 MAIL
ritv of Muskeqon, Mi ...£Q._ OAVS WRJT'r'eN N0'1'1(:F, 1'0 THE C£Rl1fi1CAT£ H01,.0Ef( NAMI;.O 1'0 THE;; 1..6FT,
alff FA.It.VRE TO MAll. SUCH NOTICC l!HAI.l. CMP0SI: NO OBLtoAnON OR LIAOJU't'V
933 Terrace Street OF ANY M;INO UPON THC COMPANY, IT!l' AOilN~ em Jttf'R(Sf.NTATtVC.tJ..
Muskaqon, Mi 49440
//.··/" 1/ ,) .• //
....,,...
.... ~ .... ·~. ' .)
·-· .... -· .:.-..···" ··. ·:-·- ~. ; . :@"iiCOI'iO,coRPO~ATION 1Hl
__ ~.
"
I
Feb 11 05 02:00p JORDAN WORLD CIRCUS (702) 451-2822 p. 1
.JORDAN PRODUCTIONS, INC.
ADDEND liM TO CRRTTFICATR OF lNSIIRANCR
In con~idcration of the agreements by and between the parties, the undersigned:
JORDAN PRODUCTIONS, INC.
according to the tcnns of the a!lached insurance certificate, hereby agree to indemnify:
SALADIN SHRINE CRNTER, A.A.O.N.M.S.;
THE IMPERIAL COUNCIL, A.A.O.N.M.S. AN IOWA CORPORATION, AND ALL
Of TIWIR AFFILIATED CORPORATIONS
SHRlNERS HOSPITALS FOR CHILDREN. A COLORADO CORPORATION: AND
ALl, OF THEIR AFFil .!/\'fED CORPORATlONS
ARENA MANAGEMENT GROUP, L.L.C.
CITY AND COUNTY OF MUSKEGON. ALL ELECTED OFFICIALS: ALL
EMPLOYEES AND VOLUNTEERS: ALL BOARD, COMMISSIONS AND
AUTHORITIES AND VOLUNTEERS '!HEREOF.
from any and ;11l claim, demands and suits. including death, to any pcrson(s) or dama~•,c to the
property of any pcrson(s) arising out of and in the course of operations connected with the circlL~
show to be held March 4 & 5, 2005.
Above said operations include animal rides. moonbounce, concessions, and any and all circus
Jctivitics inchtding indoor tircworks.
i
Jan 05 05 10:15a JORDAN WORLD CIRCUS {702) 451-2822 p•I
JORDAN PRODUCTIONS, INC.
FHODIJCEH$ Ql'
.'1\CS!MlLE TRANSMITTAL SHE!,;'!'
TO: FROM:
:{lf$i,N<.lo(, '5 c,.Cr- ~I'-'. i2<<-l
COMPANY: DAtE:
Of'] • ,( vtv» ~ <;: G ~ t-'>--r
11AX. NUMJ.Il•:R: 'fOlAl. NO. 01' PAGES ( JNCLUDING COVER):
;l.'J I 7'2...':(- 'II 1 ~ 4
I'II()NE Nl!MI.ItHt
RE:
-
0 liR(ii:NT 0 FOI~ tHIVIFW 0 PIJ\A:\H C'OMMiiNr 0 PU~A,'\H l{f·:J)t.v D PLI~MW RFCY('I.I!
N0Tii:\/C:{)MMEN'l'S
4040 S. PEARL STREET, LAS VEGAS, NV. 89121, USA
PHONE: (702) 456·2642 ~FAX: (702) 451·2822
I
EXPLANATION AMOUNT
(i
.
MUSKEGON SHRINE CLUB
MASONIC TEMPLE
396 W. CLAY AVENUE .
2449
MUSKEGON,MI 49440
~
)UNT Gft. -o-o DOLLARS
CHECK
DESCRIPTION CHECK AMOUNT
..JL·l...___,A,.___K"'"nunudJ.iJJncygl!=eLJ.r:___ _ _ _ _ _ _ _ (printed name)
*Business Address:
933 Terrace, Muskegon, MI 49440
*Business Telephone: (231 )724-6705 *Fax Number: (231 )724-4178
*e-mail address: gai 1. kundinger@postman. org
Authorized Voting Equipment Totals:
Number of Precinct Tabulators Authorized for Purchase: 13
Number of Absentee Voter Counting Board Tabulators Authorized for Purchase: .:!
EMS Software Authorized for Purchase: Yes
6
14. Special Certification/Signature
The following signatory certifies that the person signing is authorized to sign this
application, certify, review, and agree to the above Grant Application conditions and has
personally examined and is familiar with the infonnation submitted herein, and believe
this request is true, accurate and complete. Furthennore, the signatory represents and
agrees to the terms and conditions in this Grant Application and the requirements of the
Help America Vote Act, under which this grant has been submitted.
For the LOCAL UNIT OF GOVERNMENT or COUNTY:
Gail A. Kundinger, City Clerk
Name (print) Title (print) Date
For the STATE OF MICHIGAN, DEPARTMENT OF STATE:
Joseph P. Pavona, Administrative Officer
Signature Date
7
Date: February 8, 2005
To: Honorable Mayor and City Commissioners
From: City Clerk, Gail Kundinger
RE: Grant Agreement with the State of Michigan
SUMMARY OF REQUEST: To enter into a Grant Agreement with the State of
Michigan for voting equipment and related software and to appoint Gail
Kundinger, City Clerk, as the grant manager.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request
STATE O F MIC HIG AN
T ERRI LYNN LAND, S ECRETARY OF STATE
DEPARTMENT OF STATE
L ANSING
Grant Application Cc : /1Jco1yf r
Instructions
f} ttol'n er
February 2, 2005
To Cities and Townships Participating in the Upcoming Phase of Voting System Purchases:
As you are aware, the State of Michigan is in the process of implementing a statewide, uniform
optical scan voting system to comply with Public Act 91 of2002. The funds Michigan has
received under the Help America Vote Act of 2002 (HAVA) will be used to pay for voting
equipment and related Election Management System (EMS) software. Your County Clerk
recently reported that your jurisdiction would be participating in the first purchase period of
2005. We expect to begin processing equipment orders later this month.
Before these orders can be placed, jurisdictions must enter into a Grant Agreement with the State
of Michigan. This grant establishes the roles and responsibilities of the state, counties, and local
jurisdictions and must be signed by every local govenunental unit that wishes to purchase new
equipment. In addition, each jurisdiction must identify a Grant Manager who will serve as its
single point of contact with the Department of State. This person can be the person authorized to
sign the grant, or another person who will be responsible for record-keeping and other
responsibilities with respect to the purchase of your new voting system. The Department of State
has also identified its own Grant Manager for you to work with.
The Grant Application lists the number of precinct count tabulators each jurisdiction will receive.
Each jurisdiction will receive one precinct count tabulator for each precinct. This number is
based on the precinct totals recently submitted to us by your County Clerk. If you believe that
the figure for your jurisdiction is incorrect, please contact this office at once. The Grant
Application also lists the number of additional tabulators (if any) each jurisdiction will receive
for use with Absentee Voter Counting Boards (AVCBs). This number is also based on the
number of precincts, number of registered voters, and other factors. We have also contacted
several cities and townships directly to determine their AVCB needs. We do not believe
additional AVCB tabulators are needed for jurisdictions with one or two precincts. If you
believe that the number of AVCB tabulators we have listed is inadequate for your city or
township because you have an unusually large number of absentee voters, please contact this
office at once.
To ensure the process for placing equipment orders moves as smoothly as possible, your prompt
cooperation and assistance are required. Attached is the Grant Application for your city or
township. No changes may be made to the text of the Grant Application. No changes may be
made to the number of approved new tabulators without prior approval from the State.
BU R EAU OF E L ECT ION S
TREAS URY BU ILD IN G • 1S T F LOOR • 430 W . A LL EGAN • LAN SIN G, MI CHI G AN 4 8918
w w w . Mic hi ga n .govfso s • ( 5 17 ) 373- 2540
Special Addendum for Larger Cities and Townships Concerning Election Management
System Software
Election Ml!llagement System (EMS) software is a multi-featured product that defines and
designs ballots, programs tabulators for each election and accumulates votes. The State will
purchase this software for each county clerk and for the larger cities and townships. Jurisdictions
with 20 or more precincts will receive full copies of EMS software. Jurisdictions with 10-19
precincts will receive the vote accumulation porti
HOUSEHOLD INFORMATION
Name: Birthdate: Social Security # _ _-_ _ -_ _
Spouse: ___ ____ Birthdate:
, Social Security# _ _-_ _-_ _
Address: Phone: Race:
Parcel# Owner/Spouse Legally Handicapped Or Disabled? ( )Yes ( ) No
(Please refer to your assessment letter for this infonnation)
Number Living in Household: List infonnation for household members besides owner/spouse here.
Name Birthdate Social Security# _ _-_ _-_ _
Name Birthdate Social Secnrity # _ _-_ _-_ _
Name Birthdate Social Secnrity # _ _-_ _-_ _
Name Birthdate Social Security# - -
INCOME INFORMATION
ANNUAL Household Income: $ Wage earner:
(Must include all household income)
Wage earner:
Wage earner:
\Vage earner:
Total: $
PROPERTY INFORMATION
Proof Of Ownership: ( ) Deed ( ) Mortgage ( ) Land Contract
Homeowner's Insurance Co: Expiration Date:
Property Taxes: ( ) Current ( ) Delinquent Year(s) Due
(Property taxes must be current to qualify and will be vcriticd by CDBG staft)
.· OWNER'S SIGNATURE
Owner's Signature: Date:
By signing this application, the applicant verifies he/she owns and occupies the dwelling. The Applicant/Owner certifies
that all information in this application, and all information fumished in suppmt of this application, is ttue and complete to the
best of the Applicant/Owner's knowledge and belief. The property owner's signature will be required prior to the application
being processed. NO APPLICATION WILL BE ACCEPTED AFTER CONFIRMATION
FOR OIrmation, and to reject any applications that contain falsified il?[ormation or insl([{icient
documentation.
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
improvements may pay their assessment in the following ways:
I. Lump Sum Pavment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments- Ten (1 0) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments- Ten (1 0) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed money
to complete the project for which you are assessed and has pledged you assessments for repayment of
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestead
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained at
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistance
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
_,
SPECIAL ASSESSMENT H 1588
RECONSTRUCTION HEARING DATE FEBRUARY 8, 2005
PARK ST.,YOUNG AVE. TO LAKETON AVE.
1 ST MARYS CEMETERY ASSESSABLE FEET: 631.3
24-131-1 00-0005-00 PO BOX 4905 COST PER FOOT: $32.00
@ 491.0 W LAKETON A MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $2o.2o1.6o 1
2 MONROE BIRD SHEET METAL ASSESSABLE FEET: 100
24-131-200-0004-00 2000 SANFORD COST PER FOOT: $32.00
@ 391.0 W LAKETON A MUSKEGON Ml 49444 ESTIMATED P.O. COST: I $3,2oo.oo 1
3 MOGHULIMEDENDORP/TOLLE/ ASSESSABLE FEET: 566
24-131-200-0001-00 PO BOX 298 COST PER FOOT: $32.00
@ 1850. PARK ST MUSKEGON Ml 49443-029 ESTIMATED P.O. COST: I $18,112.oo 1
4 MONROE BIRD SHEET METAL ASSESSABLE FEET: 165
24-131-200-0002-00 1880 PARK ST COST PER FOOT: $32.00
@ 1880. PARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $5,28o.oo 1
5 GREATER MUSK TRANSFER INC ASSESSABLE FEET: 240
24-131-200-0003-00 1922 PARK ST COST PER FOOT: $32.00
@ 1922. PARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $7,68o.oo 1
6 GREATER MUSK TRANSFER INC ASSESSABLE FEET: 99
24-290-001-0001-10 1922 PARK ST. COST PER FOOT: $32.00
@ 1956. PARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $3,168.oo 1
7 GORAJEC GEORGE ASSESSABLE FEET: 100
24-290-001-0003-00 2135 LINCOLN PK DR COST PER FOOT: $32.00
@ 1968. PARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $3,2oo.oo 1
2/1/2005 Page 1 of 2
RECONSTRUCTION HEARING DATE FEBRUARY 8, 2005
PARK ST.,YOUNG AVE. TO LAKETON AVE.
8 STATE OF MICHIGAN ASSESSABLE FEET: 0
24-290-001-0005-00 430 WEST ALLEGAN FIRST FLO COST PER FOOT: $32.00
@ 1974. PARK ST LANSING Ml 48922 ESTIMATED P.O. COST: $0_.0_0_,1
. _ I_ _ _
9 KITCHEN JAMES JR/MELAINIE M ASSESSABLE FEET: 45
24-290-001-0006-00 1164 SANFORD ST COST PER FOOT: $32.00
@ 1978. PARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1 ,44o.oo 1
10 OLIVAREZ ALEJANDRO JR ASSESSABLE FEET: 50
24-290-001-0007-00 3510 W SKEELS RD APT A COST PER FOOT: $32.00
@ 1988. PARK ST MONTAGUE Ml 49437 ESTIMATED P.O. COST: I $1,6oo.oo 1
11 KIEFT HENRY B ASSESSABLE FEET: 50
24-290-001-0008-00 1996 PARK ST. COST PER FOOT: $32.00
@ 1996. PARK ST MUSKEGON Ml 49441 ESTIMATED P.O. COST: I $1,6oo.oo 1
SUM OF ASSESSABLE FOOTAGE: 2046.30 SUM OF ESTIMATED P.O. COST: $65.481.60 I
TOTAL NUMBER OF ASSESSABLE PARCELS 11.00
2/1/2005 Page 2 of 2
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPOI\ISE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By: FEBRUARY 8, 2005
Project Title: PARK ST.,YOUNG AVE. TO LAKETON AVE.
Project Description: RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 1850 PARK ST
Parcel Number 24-131-200-0001-00
Assessable Frontage: 566 Feet
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $18,112.00 rr.:i' . , > ·.
Property Description
CITY OF MUSKEGON
PART OF NW 1/4 OF NE 114
SEC 31 T10N R16W
COM@ A POINT 133FT S & 33FT E OF 1/4 POST BET SEC 30 & 31
TH SPAR WITH & 33FT E OF N/S 1/4 LN SEC 31 566FT
TO A POINT 699FT S & 33FT E OF SO 1/4 POST
Your voie COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR D I AM OPPOSED ~
Owner _ _ _ _ _ _ _ _ coowner/Spouse WktT-l4r Q/ttLC LLG
Signature Signature
~~;;;;;...._
.. --
Address Address v e
1 rd IV~ Jfj/Lf!-.T
Thank you for taking the time to vote on this important issue. 3
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By: FEBRUARY 8, 2005
Project Title: PARK ST.,YOUNG AVE. TO LAKETON AVE.
Project Description: RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, s1rnpiy ioid on the dotted lines so the address cr. ~~::- reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 491 W LAKETON AVE
Parcel Number 24-131-1 00-0005-00
Assessable Frontage: 631.3 Feet
I
Estimated Front Foot Cost: $32.00 per Foot H1· i
ESTIMATED TOTAL COST $20,201.60
Property Description City Cleriide is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 1922 PARK ST
Parcel Number 24-131-200-0003-00
Assessable Frontage: 240 Feet
Estimated Front Foot Cost: $32.00 perFoot
ESTIMATED TOTAL COST $7,6so.oo 1 1 •
Property Description
CITY OF MUSKEGON
I
PT OF NW1/4 OF NE1/4
SEC 31 T10N R16W
COM AT APT 659FT S &
33FT E OF NW COR SAID NE1/4
TH S 240FT TON LINE SHELBY AVE
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR D I AM OPPOSED lZI
Owner CoOwner/Spouse
7-~----~------- -------------------
Signature Signature
Address Address
Thank you for taking the time to vote on this important issue. 5
H-1588 PARKST, YOUNG AVE. TO LAKETON AVE.
PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION
FEET PERCENTAGE TOTAL NUMBER OF PARCELS -11
FOR OPPOSE
LETTER# ST# STNAME PARCEL# FEET LETTER# ST# ST NAME PARCEL# FEET
TOTAL ASSESSABLE FRONT FOOTAGE 2046.30 *"* 7 1968 PARK 24-290-001-0003-00 100.00 1 491 LAKETON W 24-131-100-0005-00 631.30
2 391 LAKETON W 24-131-200-0004-00 100.00
FRONT FEET OPPOSED 1801.30 88.03% 3 1850 PARK 24-131-200-0001-00 566.00
5 1922 PARK 24-131-200-0003-00 240.00
RESPONDING FRONT FEET IN FAVOR 100.00 4.89% 6 1956 PARK 24-290-001-0001-10 99.00
4 1880 PARK 24-131-200-0002-00 165.00
NOT RESPONDING- FRONT FEET IN FAVOR 145.00 7.09%
TOTAL FRONT FEET IN FAVOR 245.00 11.97%
TOTALS 100.00 1801.30
TABULATED AS OF: 5:04PM 218/2005 5:04PM TABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON PARK ST.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By: FEBRUARY 8, 2005
Project Title: PARK ST.,YOUNG AVE. TO LAKETON AVE.
Project Description: RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, Simply told on the dotted iines so ihe address on ihe reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 1968 PARK ST
Parcel Number 24-290-001-0003-00
Assessable Frontage: 100 Feet
Estimated Front Foot Cost: $32.00 per Foot TF/3 r1'
'
ESTIMATED TOTAL COST $3,200.00
Property Description
CITY OF MUSKEGON
ERWIN & KEATINGS ADDITION
BLK 1 LOTS 3 & 4
Your vote COUNTS!
w
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR I AM OPPOSED D
Owner (j._ ttJ15 f!. E .);·C~Owner/Spouse
Signature
'
Signature
-------------------------
Address .~ 11<.- L \V'f\ Qr'-
Signature Signature
Address va~~~~;;;;:;;:;:;:,.!:;.....!l:J.'r"{ \.{ 1.{ Address
Thank you lor taking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By FEBRUARY 8, 2005
Project Title: CLAY AVE.,TERRACE ST. TO SPRING ST.
Project Description: RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 98 W CLAY AVE
Parcel Number 24-205-175-0020-00
Assessable Frontage: 28.5 Feet
Estimated Front Foot Cost: $32.00 per Foot
RECEIVED
ESTIMATED TOTAL COST $912.00 CllY OF MUSKEGON
Property Description FEB 08 2005
CITY OF MUSKEGOND !.-·
REVISED PLAT OF 19030 ENGINEERING DEPARTMENT
W 28FT 5 IN LOT 20 o
BLK 175
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR D I AM OPPOSED h< I
Owner -=.l:"> 1-\i, f) <--··i~~;Hoi'J CoOwner/Spouse - - - - - - - - - - - -
Signature ,- ·,~k>JL..~ --~-~-~ Signature
Address Sb vJ ('{:;;;;") Address
Thank you for taking the time to vote on this important issue. ' ··• "' ,,. '" 3
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By: FEBRUARY 8, 2005
Project Title: CLAY AVE.,TERRACE ST. TO SPRING ST.
Project Description: RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 43 WCLAY AVE
Parcel Number 24-205-177-0004-00
Assessable Frontage: 61.8 Feet
Estimated Front Foot Cost: $32.00 per Foot
ESTIMATED TOTAL COST $1,977.60
Property Description
CITY OF MUSKEGON
REVISED PLAT OF 1903
W 1/2 LOT 3 LOT 4 EXC
COM AT NW COR OF SD LOT 132.5 FT TO SW COR OF SD LOT
TH ELY ALG SLY LN OF SD LOT 35.7 FT
TH NWL Y 132.5 FT Mil TO NL Y LN OF SD LOT
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR D I AM OPPOSED ~
Owner ~ 6 /J '" 1 5 ~ CoOwn~r/Spouse
Signature , ~"' · Signature fiBLdRS8r-..l hOfLk_I.NS
Address Address 'Od.o -fiNG
15
Thank you for taking the time to vote on this important issue.
SPECIAL ASSESSMENT
HEARING RESPONSE CARD
NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count, please
Return This Card By: FEBRUARY 8, 2005
Project Title: CLAY AVE.,TERRACE ST. TO SPRING ST.
Project Description: RECONSTRUCTION
INSTRUCTIONS
If you wish to have your written vote included as part of the tabulation of votes forwarded to
the City Commission for the scheduled public hearing, please return this card by the date
indicated above. To use this response card please indicate whether you Oppose or Favor
this special assessment project, sign the form and return it to the City Clerk's Office. To
return this card by mail, simply fold on the dotted lines so the address on the reverse side is
showing. Be sure to seal the form with a small piece of tape or staple prior to mailing. IF
YOU DO NOT SEND IN THIS FORM YOUR VOTE COUNTS AS "IN FAVOR" OF
PROJECT.
Assessment Information
Property Address: 103 W CLAY AVE
Parcel Number 24-205-176-0003-00
Assessable Frontage: 44.5 Feet
Estimated Front Foot Cost: $32.00 per Foot :o·c:'f-• i \ · - :';-l
RE ,J ...~.' '
I
ESTIMATED TOTAL COST $1,424.00
Property Description
CITY OF MUSKEGON
City Clerk;: :
REVISED PLAT OF 1903
E 44 1/2 FT LOT 3 BLK 176
Your vote COUNTS!
Please vote either in favor or opposed to the Special Assessment Street Paving Project.
I AM IN FAVOR D I AM OPPOSED IX I
. .;-;:; tl:. . :_e_(_?,.:.UI_c:. .-<=:. .;>. .;Y'_J+-/;~-~- (" !_- CoOwner/Spouse - - - - - - - - - - - -
1
Owner
Signature [>' ~- <:.: A-tic> ~j Signature
Address 10·-~~ LLJ. Cit"/ Address
Thank you for taking the time to vote on this important issue. 10
1
:r=- A Jl\ c, f'pu::..e cl _I t~o vI J I 1 V-c.. n
n'' <.\ ·\ \, ;''
' i,-- ) " ~-; (-)
Commission Meeting Date: February 8, 2005
Date: January 31, 2005
To: Honorable Mayor & City Commission
From: Planning & Economic Development Department CJO'-
RE: Brownfield Site Assessment Professional
Services Agreement- Environmental Consultants
SUMMARY OF REQUEST: To approve the attached "Professional Services
Agreement" ("Agreemenf') for environmental services related to the Site Assessment
Grant/Loan received by the City. This same Agreement will be used between the
City and each of the four firms approved by the Commission (i.e., Prein & Newhof,
P.S., Westshore Engineering, ERM, Inc., Horizon Environmental).
FINANCIAL IMPACT: The payments to the environmental consultants will be made
from the Site Assessment Grant/Loan through the Michigan Department of
Environmental Quality.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the attached Agreement between the City
of Muskegon and the four approved environmental consultants, and authorize the
Mayor and Clerk to sign the Agreements.
COMMITTEE RECOMMENDATION: None.
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, by and between CITY OF MUSKEGON ("City"), a municipal
corporation, whose offices are located at 933 Terrace Street, Muskegon, Michigan 49440, and
fJre~ n.! l,)whJ' ("Consultant") of t..t_q I o Shr: he. IOV"· , Vlt\..~ ~n (}1! S{ ~4.4.l
I I
WITNESSETH:
SCOPE OF SERVICES. The City hereby contracts with Consultant to perform the
following described professional services, hereinafter collectively referred to as the Scope of
Services, with regard to the City's Project as described or as referred to as Brownfield consulting
services with specific scope of work to be defined in project-specific work plans. Consultant's
Proposal dated , 200_ is hereby incorporated into this Agreement.
CONSULTANT'S COMPENSATION. Consultant shall be paid for all services
rendered as defined in individual project-specific work plans.
CITY'S REPRESENTATIVE. The City has designated Anne P. Couture the official
Representative of the City. As such, the Representative shall be responsible for the execution of
any document pertaining to this Agreement or any amendment thereto, and for the approval of all
change orders, addenda, and additional services to be performed by Consultant.
TERMS AND CONDITIONS. Consultant's Terms and Conditions of contract, as
printed on page 3 hereof, shall apply to all work performed by Consultant pursuant to this
Agreement unless otherwise specifically agreed in writing. Where the City issues a purchase
order to authorize Consultant's undertaking to perform professional services, that undertaking
will be governed by the Terms and Conditions and Additional Provisions, if any, of this
Agreement.
ADDITIONAL PROVISIONS; ENTIRE AGREEMENT. The City and Consultant
mutually agree that the rights and obligations of the parties under this Agreement shall be further
governed by the additional provisions indicated below and attached hereto, and that such
Additional Provisions, together with the Terms and Conditions printed on page 3 hereof are
intended by the City and Consultant as a final expression and complete and exclusive statement
of their agreement.
0:\Planning\CLARKE\WORD\Site Assessment. Professional Agt Revised 1.3\.0S.doc
The parties have executed this Agreement and it is made effective on this~ day of
&hruay ,2oor
C:\Documents and Settings\bem\Local Settings\Temporary Internet Fi\es\OLK3\Site Assessment Professional Agt 1 05 REVISED.doc
TERMS AND CONDITIONS
The following terms and conditions shall be a part of Environmental Resources
Management's ("Consultant") contractual undertaking to perform professional services, and
Consultant's undertaking to perform such services and to enter into this Agreement is expressly
conditioned on CITY OF MUSKEGON's ("City") assent to such Terms and Conditions,
nothwithstanding any additional or conflicting Terms and Conditions of City, which are hereby
expressly objected to and rejected by Consultant. Where the City issues a purchase order to
authorize Consultant's undertaking to perform professional services, that undertaking will be
governed by the Terms and Conditions and Additional Provisions, if any, of this Agreement.
I. PERFORMANCE. Consultant shall exercise due care in performing
professional design and other professional services, but Consultant makes no
warranty, express or implied, with respect to any services performed hereunder.
2. ADDITIONAL SERVICES. Additional Services other than those rendered
pursuant to any additional provisions attached hereto, or any subsequent
modifications hereto, shall only be authorized by written amendment to this
Agreement signed on behalf of City and Consultant. All additional services shall
nevertheless be performed by Consultant subject to these Terms and Conditions.
3. SUBCONTRACTORS. Consultant may engage subcontractors on behalf of City
to perform a portion of the services to be provided by Consultant hereunder.
4. TERMINATION. This Agreement may be terminated by either party upon 7
days prior written notice. In the event of termination, Consultant shall be paid up
to the effective date of termination for all services rendered by it, and all drawings
or other documents prepared by Consultant shall remain the property of
Consultant and not be delivered to City until all monies owed to Consultant by
City (whether or not such monies have then become due and payable) have been
paid. Consultant assumes no liability for the use of drawings and other
documents delivered to the City under this clause, unless otherwise specifically
agreed to in writing.
5. PAYMENT. Consultant shall bill for services rendered and reimbursable costs
incurred on a monthly basis. Each invoice shall be due and payable within 15
days of the presentation of the invoice. Invoices over 30 days past due will be
charged monthly interest at the rate of I 2% per annum on the unpaid balance or
the highest lawful rate, whichever is Jess. City hereby waives any defense of
usury with regard to said rate of interest. Consultant may, after 7 days written
notice to City, suspend performance of services until all past due amounts are
paid.
6. MEDIATION. In an effort to resolve any conflicts that arise during the design or
construction of the project or following the completion of the project, the City and
R:\REMD\City of Muskegon\SAF 2005 Grant\Muskcgon Brownfield Contract 02-07-0S.doc
Consultant agree that all disputes between them arising out of or relating to this
Agreement shall be submitted to nonbinding mediation unless the parties mutually
agree otherwise.
7. INSURANCE. Upon request, Consultant will furnish City a written description
of insurance coverages then being maintained by Consultant which may be related
to Consultant's performance of services hereunder. No oral representations
regarding insurance shall be binding upon Consultant.
8. COST ESTIMATES. Since Consultant has no control over the cost oflabor and
materials or over competitive bidding and market conditions, any estimates of
equipment, construction, or operating costs will be made on the basis of
Consultant's experience, by Consultant. Consultant does not warrant the accuracy
of such estimates as compared to contractor's bids or actual costs incurred.
9. SITE ACCESS AND SECURITY. Unless specifically expressed otherwise as
services to be undertaken by Consultant, City is solely responsible for all aspects
of site security and for obtaining any necessary permission from any affected third
party property owners for use of their lands. Client shall obtain signed
Authorization(s) for Entry and Use of Land as necessary for Consultant to
perform its Services.
10. UNDERGROUND STRUCTURES OR UTILITIES. In the performance of its
services, Consultant will take all reasonable care and precautions to avoid damage
to underground structures or utilities.
11. WAIVER. No waiver, discharge, or renunciation of any claim or right of
Consultant arising out of breach of this Agreement by City shall be effective
unless in writing signed by Consultant and supported by separate consideration.
12. GOVERNING LAW. This Agreement shall be deemed to have been made in
Muskegon County, Michigan, and shall be governed by, and construed in
accordance with the laws of the State of Michigan.
13. SHOP DRAWINGS. If shop drawing review is provided under this Agreement,
Consultant will check and review samples, catalog data, schedules, shop
drawings, laboratory, shop and mill tests of materials and equipment, and all other
data which the Contractor is required to submit, only for conformance with the
design concept of the Project and compliance with the information given by the
construction Contract Documents.
14. CONSTRUCTION PHASE SERVICES. Unless specifically authorized to
provide construction inspection or construction management services, Consultant
assumes no liability with regard to the compliance of construction to Contract
Documents prepared by Consultant.
R:\REMD\City ofMuskegon\SAF 2005 Grant\Muskegon Brownfield Contract 02-07-05.doc
15. FEDERAL/LOCAL RIGHT-TO-KNOW COMPLIANCE. In compliance
with the Federal Hazard Communication Standards and applicable local laws or
ordinances, City shall provide Consultant with a list of hazardous substances in
the work place to which Consultant's employees or subcontractors may be
exposed to while executing this Agreement to the extent that City is aware of
such.
R:\REMD\City ofMuskegon\SAF 2005 Grant\Muskegon Brownfield Contract 02-07-0S.doc
ADDITIONAL PROVISIONS
ENVIRONMENTAL SERVICES
I. STANDARD CARE, WARRANTY, AND OWNERSHIP. Services performed
by Consultant under this Agreement shall be conducted in a manner consistent
with the level of care and skill ordinarily exercised by members of the profession
currently practicing under similar conditions. No other warranty expressed or
implied is made. Nothing implied by this Agreement or Consultant's other
dealings with City shall be interpreted or construed to make Consultant the owner
or generator of any waste, contamination, or contaminated product, land or
buildings related to the subject matter of this Agreement. Client shall retain
ownership and all responsibility for all contaminants and wastes.
2. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIAL. The
discovery of unanticipated hazardous materials encountered during the execution
of any work as related to this Agreement shall constitute a changed condition and
a change in the Scope of Services and, therefore, a change in Consultant's
Compensation. Consultant will notify City as soon as practically possible and
agree to an adjustment in the Agreement pursuant to paragraph 2 of the Terms and
Conditions.
3. USE OF CITY'S DATA. Consultant prefers to generate and interpret all data
used for design or any other consulting purposes. However, if City furnishes data
to Consultant for use in performing services provided by Consultant, Consultant
will furnish no warranties, either implied or expressed, as to the accuracy of such
data or its completeness for its intended use. City retains all responsibility for the
quality of any and all data furnished to Consultant which has been generated by
anyone other than Consultant.
4. TECHNICAL APPROACH. All work is performed with City's acceptance that
field and design techniques are evolving and the standards and regulations are
subject to rapid change such that selected acceptable, effective design approaches
may become superseded by the time of execution. Such change will constitute a
changed condition requiring an adjustment in the Scope of Services and in
Consultant's compensation.
5. CITY'S RESPONSIBILITY TO NOTIFY CONSULTANT. City hereby
warrants that if he knows or has any reason to assume or suspect that hazardous
materials may exist at the project site, he has so informed Consultant.
6. DATA COLLECTION. If City specifies sampling, testing, boring, or well
locations, Consultant reserves the right to deviate a reasonable distance from the
location specified. If the site conditions prevent the performance of the work at or
near the designated locations and these site conditions were not previously made
R:\REMD\City ofMuskcgon\SAF 2005 Grant\Muskegon Brownfield Contract 02-07-0S.doc
known to Consultant, the parties shall attempt to designate alternative locations
which may constitute a change in the Scope of Services and therefore may require
an adjustment in Consultant's compensation.
R:\REMD\City ofMuskegon\SAF 2005 Grant\Muskegon Brownfield Conrract 02~07-0S.doc
ADDITIONAL PROVISIONS
ENVIRONMENTAL SITE ASSESSMENTS
I. SCOPE OF SERVICES. These additional provisions shall apply to Scope of
Services referred to separately or collectively as: Phase I Site Assessment, Phase
II Site Assessment, Environmental Inspections, or Environmental Audit.
2. RIGHT OF ENTRY AND USE OF LAND. City hereby permits employees,
agents, representatives, and subcontractors of Consultant's to enter, use and move
freely about the Project site to perform their work. Consultant will take all
reasonable precautions to minimize any damage to the property. City understands
and accepts that the work involved may result in some disturbance of the surface
and/or the subsurface of the property.
3. FAILURE TO ENCOUNTER HAZARDOUS MATERIALS. City
understands that failure to discover hazardous materials does not guarantee that
hazardous materials do not exist at the project site and that a non-contaminated
site may later become contaminated. Therefore, although Consultant will use all
reasonable care and a level of skill ordinarily exercised by members of the
profession currently practicing under similar conditions, City agrees that
Consultant shall not be responsible for failure to detect the presence of hazardous
materials through techniques and practices commonly used for the purpose unless
such failure is caused by the sole negligence of Consultant.
4. STATE OF THE ART. City understands and accepts that field techniques and
analytical capabilities are evolving and that the standards and regulations are
subject to rapid change such that currently acceptable investigative approaches
and techniques may become superseded by the time of execution. Such change
will constitute a changed condition requiring adjustment in Scope of Services and
Consultant's Compensation.
5. SAMPLING LOCATIONS. If City specifies a sampling or boring location,
Consultant reserves the right to deviate a reasonable distance from the location
specified. If the site conditions prevent sampling or drilling at or near the
designated locations and these conditions were unknown to Consultant, the parties
shall attempt to designate alternate locations which may constitute a change in the
Scope of Services and Consultant's Compensation.
6. ENVIRONMENTAL SITE ASSESSMENT REPORTS. The intent of this
assignment is detailed in the Scope of Services and all aspects of that work will be
addressed in the report. City understands that:
a. Consultant will give no opinion regarding the retention of existing
permits or procurement of new permits.
R:\REMD\City ofMuskegon\SAF 2005 Grant\Muskegon Brownfield Contract 02-07-05.doc
b. Consultant will make no representations or warranties regarding the
market value of any property or its use for a particular purpose.
c. Consultant will make no representations or warranties regarding the
actual costs which may be associated with any environmental
remediation at this site. Any opinions presented with regard to
possible remediation are estimates only, and the actual costs may be
substantially different.
d. No report constitutes legal advice, nor does Consultant purport to give
legal advice.
e. Certain information contained in any report may be provided by
agencies and/or personal interviews. Consultant will make no
representations or warranties that such information is accurate or that
any independent investigation, beyond the agreed upon Scope of
Services, has been or will be made to verify the accuracy of such
information.
R:\REMD\City ofMuskegon\SAF 2005 Grant\Muskegon Brownfield Contract 02-07-0S.doc
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, by and between CITY OF MUSKEGON ("City"), a municipal
corporation, whose offices are located at 933 Terrace Street, Muskegoni?Jichigan 49440, and
\M<>-\<;Nir-< C,oo.sui~'Consultant") of ~5 3<1 ~ ltJ.Ltc_ &-e ~k:. I Mu.s ~hI mi 4: q'fl..flf
WITNESSETH:
SCOPE OF SERVICES. The City hereby contracts with Consultant to perform the
following described professional services, hereinafter collectively referred to as the Scope of
Services, with regard to the City's Project as described or as referred to as Brownfield consulting
services with specific scope of work to be defined in project-specific work plans. Consultant's
Proposal dated , 200_ is hereby incorporated into this Agreement.
CONSULTANT'S COMPENSATION. Consultant shall be paid for all services
rendered as defined in individual project-specific work plans.
CITY'S REPRESENTATIVE. The City has designated Anne P. Couture the official
Representative of the City. As such, the Representative shall be responsible for the execution of
any document pertaining to this Agreement or any amendment thereto, and for the approval of all
change orders, addenda, and additional services to be performed by Consultant.
TERMS AND CONDITIONS. Consultant's Terms and Conditions of contract, as
printed on page 3 hereof, shall apply to all work performed by Consultant pursuant to this
Agreement unless otherwise specifically agreed in writing. Where the City issues a purchase
order to authorize Consultant's undertaking to perform professional services, that undertaking
will be governed by the Terms and Conditions and Additional Provisions, if any, of this
Agreement.
ADDITIONAL PROVISIONS; ENTIRE AGREEMENT. The City and Consultant
mutually agree that the rights and obligations of the parties under this Agreement shall be further
governed by the additional provisions indicated below and attached hereto, and that such
Additional Provisions, together with the Terms and Conditions printed on page 3 hereof are
intended by the City and Consultant as a final expression and complete and exclusive statement
of their agreement.
0:\P!anning\CLARKE\WORD\Site Assessment.Professional Agt Revised 1.31.05.doc
The parties have executed this Agreement and it is made effective on this f? r-4 day of
febr11a§f , 2005.
C:\windows\TEMP\Site AssessmentProfessional Agt. 1.05 REVISEDI.doc
TERMS AND CONDITIONS
The following terms and conditions shall be a part of Westshore Consulting's
("Consultant") contractual undertaking to perform professional services, and Consultant's
undertaking to perform such services and to enter into this Agreement is expressly conditioned
on CITY OF MUSKEGON's ("City") assent to such Terms and Conditions, nothwithstanding
any additional or conflicting Terms and Conditions of City, which are hereby expressly objected
to and rejected by Consultant. Where the City issues a purchase order to authorize Consultant's
undertaking to perform professional services, that undertaking will be governed by the Terms
and Conditions and Additional Provisions, if any, of this Agreement.
I. PERFORMANCE. Consultant shall exercise due care in performing
professional design and other professional services, but Consultant makes no
warranty, express or implied, with respect to any services performed hereunder.
2. ADDITIONAL SERVICES. Additional Services other than those rendered
pursuant to any additional provisions attached hereto, or any subsequent
modifications hereto, shall only be authorized by written amendment to this
Agreement signed on behalf of City and Consultant. All additional services shall
nevertheless be performed by Consultant subject to these Terms and Conditions.
3. SUBCONTRACTORS. Consultant may engage subcontractors on behalf of City
to perform a portion of the services to be provided by Consultant hereunder.
4. TERMINATION. This Agreement may be terminated by either party upon 7
days prior written notice. In the event of termination, Consultant shall be paid up
to the effective date of termination for all services rendered by it, and all drawings
or other documents prepared by Consultant shall remain the property of
Consultant and not be delivered to City until all monies owed to Consultant by
City (whether or not such monies have then become due and payable) have been
paid. Consultant assumes no liability for the use of drawings and other
documents delivered to the City under this clause, unless otherwise specifically
agreed to in writing.
'
5. PAYMENT. Consultant shall bid for services rendered and reimbursable costs
incurred on a monthly basis. Each invoice shall be due and payable within 15
days of the presentation of the invoice. Invoices over 30 days past due will be
charged monthly interest at the rate of 12% per annum on the unpaid balance or
the highest lawful rate, whichever is less. City hereby waives any defense of
usury with regard to said rate of interest. Consultant may, after 7 days written
notice to City, suspend performance of services until all past due amounts are
paid.
6. MEDIATION. In an effort to resolve any conflicts that arise during the design or
construction of the project or following the completion of the project, the City and
C:\windows\TEMP\Site Assessment. Professional Agt. 1.05 REVISED !.doc
Consultant agree that all disputes between them arising out of or relating to this
Agreement shall be submitted to nonbinding mediation unless the parties mutually
agree otherwise.
7. INSURANCE. Upon request, Consultant will furnish City a written description
of insurance coverages then being maintained by Consultant which may be related
to Consultant's performance of services hereunder. No oral representations
regarding insurance shall be binding upon Consultant.
8. COST ESTIMATES. Since Consultant has no control over the cost oflabor and
materials or over competitive bidding and market conditions, any estimates of
equipment, construction, or operating costs will be made on the basis of
Consultant's experience. Consultant does not warrant the accuracy of such
estimates as compared to contractor's bids or actual costs incurred.
9. SITE ACCESS AND SECURITY. Unless specifically expressed otherwise as
services to be undertaken by Consultant, City is solely responsible for all aspects
of site security and for obtaining any necessary permission from any affected third
party property owners for use of their lands. Client shall obtain signed
Authorization(s) for Entry and Use of Land as necessary for Consultant to
perform its Services.
I 0. UNDERGROUND STRUCTURES OR UTILITIES. In the performance of its
services, Consultant will take all reasonable care and precautions to avoid damage
to underground structures or utilities.
II. WAIVER. No waiver, discharge, or renunciation of any claim or right of
Consultant arising out of breach of this Agreement by City shall be effective
unless in writing signed by Consultant and supported by separate consideration.
12. GOVERNING LAW. This Agreement shall be deemed to have been made in
Muskegon County, Michigan, and shall be governed by, and construed in
accordance with the laws of the State of Michigan.
13. SHOP DRAWINGS. If shop drawing review is provided under this Agreement,
Consultant will check and review samples, catalog data, schedules, shop
drawings, laboratory, shop and mill tests of materials and equipment, and all other
data which the Contractor is required to submit, only for conformance with the
design concept of the Project and compliance with the information given by the
construction Contract Documents.
14. CONSTRUCTION PHASE SERVICES. Unless specifically authorized to
provide construction inspection or construction management services, Consultant
assumes no liability with regard to the compliance of construction to Contract
Documents prepared by Consultant.
C:\windows\TEMP\Site Asscssment.Professional Agt. 1.05 REVISEDI.doc
15. FEDERAL/LOCAL RIGHT-TO-KNOW COMPLIANCE. In compliance
with the Federal Hazard Communication Standards and applicable local laws or
ordinances, City shall provide Consultant with a list of hazardous substances in
the work place to which Consultant's employees or subcontractors may be
exposed to while executing this Agreement to the extent that City is aware of
such.
C:\windows\TEMP\Site Assessment. Professional Agt. 1.05 REVISED! .doc
ADDITIONAL PROVISIONS
ENVIRONMENTAL SERVICES
1. STANDARD CARE, WARRANTY, AND OWNERSHIP. Services performed
by Consultant under this Agreement shall be conducted in a manner consistent
with the level of care and skill ordinarily exercised by members of the profession
currently practicing under similar conditions. No other warranty expressed or
implied is made. Nothing implied by this Agreement or Consultant's other
dealings with City shall be interpreted or construed to make Consultant the owner
or generator of any waste, contamination, or contaminated product, land or
buildings related to the subject matter of this Agreement. Client shall retain
ownership and all responsibility for all contaminants and wastes.
2. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIAL. The
discovery of unanticipated hazardous materials encountered during the execution
of any work as related to this Agreement shall constitute a changed condition and
a change in the Scope of Services and, therefore, a change in Consultant's
Compensation. Consultant will notify City as soon as practically possible and
agree to an adjustment in the Agreement pursuant to paragraph 2 of the Terms and
Conditions.
3. USE OF CITY'S DATA. Consultant prefers to generate and interpret all data
used for design or any other consulting purposes. However, if City furnishes data
to Consultant for use in performing services provided by Consultant, Consultant
will furnish no warranties, either implied or expressed, as to the accuracy of such
data or its completeness for its intended use. City retains all responsibility for the
quality of any and all data furnished to Consultant which has been generated by
anyone other than Consultant.
4. TECHNICAL APPROACH. All work is performed with City's acceptance that
field and design techniques are evolving and the standards and regulations are
subject to rapid change such that selected acceptable, effective design approaches
may become superseded by the time of execution. Such change will constitute a
changed condition requiring an adjustment in the Scope of Services and in
Consultant's compensation.
5. CITY'S RESPONSIBILITY TO NOTIFY CONSULTANT. City hereby
warrants that if he knows or has any reason to assume or suspect that hazardous
materials may exist at the project site, he has so informed Consultant.
6. DATA COLLECTION. If City specifies sampling, testing, boring, or well
locations, Consultant reserves the right to deviate a reasonable distance from the
location specified. If the site conditions prevent the performance of the work at or
near the designated locations and these site conditions were not previously made
C:\windows\TEMP\Site Assessment Professional Agt. 1.05 REVISED !.doc
known to Consultant, the parties shall attempt to designate alternative locations
which may constitute a change in the Scope of Services and therefore may require
an adjustment in Consultant's compensation.
C:\windows\TEMP\Site Assessment. Professional Agt. 1.05 REVISEDI.doc
ADDITIONAL PROVISIONS
ENVIRONMENTAL SITE ASSESSMENTS
I. SCOPE OF SERVICES. These additional provisions shall apply to Scope of
Services referred to separately or collectively as: Phase I Site Assessment, Phase
II Site Assessment, Environmental Inspections, or Environmental Audit.
2. RIGHT OF ENTRY AND USE OF LAND. City hereby permits employees,
agents, representatives, and subcontractors of Consultant's to enter, use and move
freely about the Project site to perform their work. Consultant will take all
reasonable precautions to minimize any damage to the property. City understands
and accepts that the work involved may result in some disturbance of the surface
and/or the subsurface of the property.
3. FAILURE TO ENCOUNTER HAZARDOUS MATERIALS. City
understands that failure to discover hazardous materials does not guarantee that
hazardous materials do not exist at the project site and that a non-contaminated
site may later become contaminated. Therefore, although Consultant will use all
reasonable care and a level of skill ordinarily exercised by members of the
profession currently practicing under similar conditions, City agrees that
Consultant shall not be responsible for failure to detect the presence of hazardous
materials through techniques and practices commonly used for the purpose unless
such failure is caused by the sole negligence of Consultant.
4. STATE OF THE ART. City understands and accepts that field techniques and
analytical capabilities are evolving and that the standards and regulations are
subject to rapid change such that currently acceptable investigative approaches
and techniques may become superseded by the time of execution. Such change
will constitute a changed condition requiring adjustment in Scope of Services and
Consultant's Compensation.
5. SAMPLING LOCATIONS. If City specifies a sampling or boring location,
Consultant reserves the right to deviate a reasonable distance from the location
specified. If the site conditions prevent sampling or drilling at or near the
designated locations and these conditions were unknown to Consultant, the parties
shall attempt to designate alternate locations which may constitute a change in the
Scope of Services and Consultant's Compensation.
6. ENVIRONMENTAL SITE ASSESSMENT REPORTS. The intent of this
assignment is detailed in the Scope of Services and all aspects of that work will be
addressed in the report. City understands that:
a. Consultant will give no opinion regarding the retention of existing
permits or procurement of new permits.
C:\windows\TEMP\Site Assessment Professional Agt 1.05 REVISEDI.doc
b. Consultant will make no representations or warranties regarding the
market value of any property or its use for a particular purpose.
c. Consultant will make no representations or warranties regarding the
actual costs which may be associated with any environmental
remediation at this site. Any opinions presented with regard to
possible remediation are estimates only, and the actual costs may be
substantially different.
d. No report constitutes legal advice, nor does Consultant purport to give
legal advice.
e. Certain information contained in any report may be provided by
agencies and/or personal interviews. Consultant will make no
representations or warranties that such information is accurate or that
any independent investigation, beyond the agreed upon Scope of
Services, has been or will be made to verifY the accuracy of such
information.
C:\windows\TEMP\Site Assessment. Professional Agt. 1.05 REVISEDI.doc
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, by and between CITY OF MUSKEGON ("City"), a municipal
corporation, whose offices are located at 933 Terrace Street, Muskegon, Michigan 49440, and
Environmental Resources Management, Inc., 3352 128'h Avenue, Holland, Michigan 49424
("Consultant").
WITNESSETH:
SCOPE OF SERVICES. The City hereby contracts with Consultant to perform the
following described professional services, hereinafter collectively referred to as the Scope of
Services, with regard to the City's Project as described or as referred to as Brownfield consulting
services with specific scope of work to be defined in project-specific work plans. Consultant's
Proposal dated January 6, 2005 is hereby incorporated into this Agreement.
CONSULTANT'S COMPENSATION. Consultant shall be paid for all services
rendered as defined in individual project-specific work plans.
CITY'S REPRESENTATIVE. The City has designated Anne P. Couture the official
Representative of the City. As such, the Representative shall be responsible for the execution of
any document pertaining to this Agreement or any amendment thereto, and for the approval of all
change orders, addenda, and additional services to be performed by Consultant.
TERMS AND CONDITIONS. Consultant's Terms and Conditions of contract, as
printed on page 3 hereof, shall apply to all work performed by Consultant pursuant to this
Agreement unless otherwise specifically agreed in writing. Where the City issues a purchase
order to authorize Consultant's undertaking to perform professional services, that undertaking
will be governed by the Terms and Conditions and Additional Provisions, if any, of this
Agreement.
ADDITIONAL PROVISIONS; ENTIRE AGREEMENT. The City and Consultant
mutually agree that the rights and obligations of the parties under this Agreement shall be further
governed by the additional provisions indicated below and attached hereto, and that such
Additional Provisions, together with the Terms and Conditions printed on page 3 hereof are
intended by the City and Consultant as a final expression and complete and exclusive statement
of their agreement.
R:\REMD\City ofMuskegon\SAF 2005 Grant\Muskegon Brownfield Contract 02-07-0S.doc
The parties have executed this Agreement and it is made effective on this f? p, day of
tehrtta# ,200~
ENVIRONMENTAL RESOURCES
MANAGEMENT, INC.
By D/ e rlt:A/1
Thomas P. O'Connell, Its Principal
By '/\L···~~~
1:£::-t:::
J.
Steven Koster, Its Principal and
Branch Manager
R:\REMD\City ofMuskegon\SAF 2005 Grant\Muskegon Brownfield Contract 02-07-0S.doc
TERMS AND CONDITIONS
The following terms and conditions shall be a part of Environmental Resources
Management's ("Consultant") contractual undertaking to perform professional services, and
Consultant's undertaking to perform such services and to enter into this Agreement is expressly
conditioned on CITY OF MUSKEGON's ("City") assent to such Terms and Conditions,
nothwithstanding any additional or conflicting Terms and Conditions of City, which are hereby
expressly objected to and rejected by Consultant. Where the City issues a purchase order to
authorize Consultant's undertaking to perform professional services, that undertaking will be
governed by the Terms and Conditions and Additional Provisions, if any, of this Agreement.
1. PERFORMANCE. Consultant shall exercise due care in performing
professional design and other professional services, but Consultant makes no
warranty, express or implied, with respect to any services performed hereunder.
2. ADDITIONAL SERVICES. Additional Services other than those rendered
pursuant to any additional provisions attached hereto, or any subsequent
modifications hereto, shall only be authorized by written amendment to this
Agreement signed on behalf of City and Consultant. All additional services shall
nevertheless be performed by Consultant subject to these Terms and Conditions.
3. SUBCONTRACTORS. Consultant may engage subcontractors on behalf of City
to perform a portion of the services to be provided by Consultant hereunder.
4. TERMINATION. This Agreement may be terminated by either party upon 7
days prior written notice. In the event of termination, Consultant shall be paid up
to the effective date of termination for all services rendered by it, and all drawings
or other documents prepared by Consultant shall remain the property of
Consultant and not be delivered to City until all monies owed to Consultant by
City (whether or not such monies have then become due and payable) have been
paid. Consultant assumes no liability for the use of drawings and other
documents delivered to the City under this clause, unless otherwise specifically
agreed to in writing.
5. PAYMENT. Consultant shall bill for services rendered and reimbursable costs
incurred on a monthly basis. Each invoice shall be due and payable within 15
days of the presentation of the invoice. Invoices over 30 days past due will be
charged monthly interest at the rate of 12% per annum on the unpaid balance or
the highest lawful rate, whichever is less. City hereby waives any defense of
usury with regard to said rate of interest. Consultant may, after 7 days written
notice to City, suspend performance of services until all past due amounts are
paid.
6. MEDIATION. In an effort to resolve any conflicts that arise during the design or
construction of the project or following the completion of the project, the City and
R:\REMD\City ofMuskegon\SAF 2005 Grant\Muskegon Brownfield Contract 02-07-0S.doc
Consultant agree that all disputes between them arising out of or relating to this
Agreement shall be submitted to nonbinding mediation unless the parties mutually
agree otherwise.
7. INSURANCE. Upon request, Consultant will furnish City a written description
of insurance coverages then being maintained by Consultant which may be related
to Consultant's performance of services hereunder. No oral representations
regarding insurance shall be binding upon Consultant.
8. COST ESTIMATES. Since Consultant has no control over the cost oflabor and
materials or over competitive bidding and market conditions, any estimates of
equipment, construction, or operating costs will be made on the basis of
Consultant's experience, by Consultant. Consultant does not warrant the accuracy
of such estimates as compared to contractor's bids or actual costs incurred.
9. SITE ACCESS AND SECURITY. Unless specifically expressed otherwise as
services to be undertaken by Consultant, City is solely responsible for all aspects
of site security and for obtaining any necessary permission from any affected third
party property owners for use of their lands. Client shall obtain signed
Authorization(s) for Entry and Use of Land as necessary for Consultant to
perform its Services.
10. UNDERGROUND STRUCTURES OR UTILITIES. In the performance of its
services, Consultant will take all reasonable care and precautions to avoid damage
to underground structures or utilities.
11. WAIVER. No waiver, discharge, or renunciation of any claim or right of
Consultant arising out of breach of this Agreement by City shall be effective
unless in writing signed by Consultant and supported by separate consideration.
12. GOVERNING LAW. This Agreement shall be deemed to have been made in
Muskegon County, Michigan, and shall be governed by, and construed in
accordance with the laws of the State of Michigan.
13. SHOP DRAWINGS. If shop drawing review is provided under this Agreement,
Consultant will check and review samples, catalog data, schedules, shop
drawings, laboratory, shop and mill tests of materials and equipment, and all other
data which the Contractor is required to submit, only for conformance with the
design concept of the Project and compliance with the information given by the
construction Contract Documents.
14. CONSTRUCTION PHASE SERVICES. Unless specifically authorized to
provide construction inspection or construction management services, Consultant
assumes no liability with regard to the compliance of construction to Contract
Documents prepared by Consultant.
R:\REMD\City ofMuskcgon\SAF 2005 Grant\Muskegon Brownfield Contract 02-07-0S.doc
15. FEDERAL/LOCAL RIGHT-TO-KNOW COMPLIANCE. In compliance
with the Federal Hazard Communication Standards and applicable local laws or
ordinances, City shall provide Consultant with a list of hazardous substances in
the work place to which Consultant's employees or subcontractors may be
exposed to while executing this Agreement to the extent that City is aware of
such.
R:\REMD\City ofMuskegon\SAF 2005 Grant\Muskegon Brownfield Contract 02-07-0S.doc
ADDITIONAL PROVISIONS
ENVIRONMENTAL SERVICES
1. STANDARD CARE, WARRANTY, AND OWNERSHIP. Services performed
by Consultant under this Agreement shall be conducted in a manner consistent
with the level of care and skill ordinarily exercised by members of the profession
currently practicing under similar conditions. No other warranty expressed or
implied is made. Nothing implied by this Agreement or Consultant's other
dealings with City shall be interpreted or construed to make Consultant the owner
or generator of any waste, contamination, or contaminated product, land or
buildings related to the subject matter of this Agreement. Client shall retain
ownership and all responsibility for all contaminants and wastes.
2. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIAL. The
discovery of unanticipated hazardous materials encountered during the execution
of any work as related to this Agreement shall constitute a changed condition and
a change in the Scope of Services and, therefore, a change in Consultant's
Compensation. Consultant will notifY City as soon as practically possible and
agree to an adjustment in the Agreement pursuant to paragraph 2 of the Terms and
Conditions.
3. USE OF CITY'S DATA. Consultant prefers to generate and interpret all data
used for design or any other consulting purposes. However, if City furnishes data
to Consultant for use in performing services provided by Consultant, Consultant
will furnish no warranties, either implied or expressed, as to the accuracy of such
data or its completeness for its intended use. City retains all responsibility for the
quality of any and all data furnished to Consultant which has been generated by
anyone other than Consultant.
4. TECHNICAL APPROACH. All work is performed with City's acceptance that
field and design techniques are evolving and the standards and regulations are
subject to rapid change such that selected acceptable, effective design approaches
may become superseded by the time of execution. Such change will constitute a
changed condition requiring an adjustment in the Scope of Services and in
Consultant's compensation.
5. CITY'S RESPONSIBILITY TO NOTIFY CONSULTANT. City hereby
warrants that if he knows or has any reason to assume or suspect that hazardous
materials may exist at the project site, he has so informed Consultant.
6. DATA COLLECTION. If City specifies sampling, testing, boring, or well
locations, Consultant reserves the right to deviate a reasonable distance from the
location specified. If the site conditions prevent the performance of the work at or
near the designated locations and these site conditions were not previously made
R:\REMD\City ofMuskegon\SAF 2005 Grant\Muskegon Brownfield Contract 02-07-0S.doc
known to Consultant, the pmiies shall attempt to designate alternative locations
which may constitute a change in the Scope of Services and therefore may require
an adjustment in Consultant's compensation.
R:\REMD\City of Muskegon\SAF 2005 Grant\Muskegon Brownfield Contract 02-07-05.doc
ADDITIONAL PROVISIONS
ENVIRONMENTAL SITE ASSESSMENTS
1. SCOPE OF SERVICES. These additional provisions shall apply to Scope of
Services referred to separately or collectively as: Phase I Site Assessment, Phase
II Site Assessment, Environmental Inspections, or Environmental Audit.
2. RIGHT OF ENTRY AND USE OF LAND. City hereby permits employees,
agents, representatives, and subcontractors of Consultant's to enter, use and move
freely about the Project site to perform their work. Consultant will take all
reasonable precautions to minimize any damage to the property. City understands
and accepts that the work involved may result in some disturbance of the surface
and/or the subsurface of the property.
3. FAILURE TO ENCOUNTER HAZARDOUS MATERIALS. City
understands that failure to discover hazardous materials does not guarantee that
hazardous materials do not exist at the project site and that a non-contaminated
site may later become contaminated. Therefore, although Consultant will use all
reasonable care and a level of skill ordinarily exercised by members of the
profession currently practicing under similar conditions, City agrees that
Consultant shall not be responsible for failure to detect the presence of hazardous
materials through techniques and practices commonly used for the purpose unless
such failure is caused by the sole negligence of Consultant.
4. STATE OF THE ART. City understands and accepts that field techniques and
analytical capabilities are evolving and that the standards and regulations are
subject to rapid change such that currently acceptable investigative approaches
and techniques may become superseded by the time of execution. Such change
will constitute a changed condition requiring adjustment in Scope of Services and
Consultant's Compensation.
5. SAMPLING LOCATIONS. If City specifies a sampling or boring location,
Consultant reserves the right to deviate a reasonable distance from the location
specified. If the site conditions prevent sampling or drilling at or near the
designated locations and these conditions were unknown to Consultant, the parties
shall attempt to designate alternate locations which may constitute a change in the
Scope of Services and Consultant's Compensation.
6. ENVIRONMENTAL SITE ASSESSMENT REPORTS. The intent of this
assignment is detailed in the Scope of Services and all aspects of that work will be
addressed in the report. City understands that:
a. Consultant will give no opinion regarding the retention of existing
permits or procurement of new permits.
R:\REMD\City ofMuskegon\SAF 2005 Grant\Muskegon Brownfield Contract 02-07-0S.doc
b. Consultant will make no representations or warranties regarding the
market value of any property or its use for a particular purpose.
c. Consultant will make no representations or warranties regarding the
actual costs which may be associated with any environmental
remediation at this site. Any opinions presented with regard to
possible remediation are estimates only, and the actual costs may be
substantially different.
d. No report constitutes legal advice, nor does Consultant purport to give
legal advice.
e. Certain information contained in any report may be provided by
agencies and/or personal interviews. Consultant will make no
representations or warranties that such information is accurate or that
any independent investigation, beyond the agreed upon Scope of
Services, has been or will be made to verify the accuracy of such
information.
R:\REMD\City ofMuskegon\SAF 2005 Grant\Muskegon Brownfield Contract 02-07-0S.doc
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, by and between CITY OF MUSKEGON ("City"), a municipal
corporation, whose offices are located at 933 Terrace Street, Muskegon, Michigan 49440, and
\;tt>f~'UJVIUtllh"on..u.n-\a..\("Consultant") of L\tJJ I 5o!'- ~t. 6t: b\Ct~,VJd 1&-pidc;. 1 Vl'\i.
(m'fo,,,,,1:;;:{;,)til~i·i,1PJ· TOP RAIL 9228 S. 88 111 Avenue
Montague, MI 49437
ELECTRIC l'h: 231-894-2979
COMPANY Fax: 231-894-1310
Electrical contracting top ra il@to pra ilelectri c. com
I. 15 of our 21 employees live in Muskegon County and the rest in southern Oceana
County, The majority of these wages are spent in Muskegon County. Why not bid
the work with a chance that these monies would circulate in the county again?
2. Top Rail was responsible for research that led to (in our opinion) a better product.
Gel core versus Dialight, two major vendors are both good products. With this
non bidding process there was no competitive material pricing taking place. The
pricing for this product continues to come down rapidly due to the volume being
sold as well as the developments in the technology itself. A competitive bid
situation would insure that you would be getting these cost savings. Would you
buy a new computer today at last year's prices? The same thing is happening here.
To close, Muskegon County, the City of Muskegon and your engineering department
are fortunate to have a qualified and reputable source for this type of work residing in
your community. Top Rail Electric has put a lot of work into sharing and educating
your staff on this technology and we feel we have earned a position on the bidders
list. I feel it is reasonable for Top Rail Electric to have the chance to bid on this
work. Should it be reasonable for me to expect this? Maybe, maybe not, but these
me the cards dealt and I feel Top Rail Electric should have the chance to bid on this
work.
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