City Commission Packet Archive 02-08-2005

View the PDF version Google Docs PDF Viewer

    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 Pro<iur.t: ) ont:;                                                                .~nmP.

 .3,    PYROTCCI1NIC OPBRA TOR
        NAMI!                                                                               .40DAU.                                                                                  AG~    'f'Bt b~ ~I     Ot   o-
   .Tnov .Torilnn·                                                                          S;~tnP




   11
        I"PII'IIINCII
        N Ur.l,lll Q, nAIIt
               Y~ar~
                                           I1'10-?.00
                                                Nuad~ll      or       CIPL.II~
                                                                       Shows
                                                                                            ~[Ill

                                                                                            nn tonr w/shrinP- ('_j. rcu~
                                                                                                                                           ...



        NAM(C Of' AMitTAWI'I:
        NP.Mf                                                                               AOI;ll\559                                                                               .-or

                                                                                            .IIOOfii&S                                                                               AIO~
        ~~~~~~~'

                                                                                                                                                                .•.
 1-&. PIOM • RI!$1DI~T AP',1.1CAN,.
        1'4~1
   .T() V              .Tordan                                                             4~e~~~c;. .Pe.r).r l. St.                     T.i1 ~       VPO A ~.         NV.        Rq121

        ,...,_ (II t•Uo~ru~          ""''"'"' ••     "•••••~• oA~~t,.,                      1\!)0PIWli!J                                                                             'l't~'~H()NII NU>4Cft

  ...<::...;:}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~
                                                                                                                                                                                                            (}.~.?~~~f<V
                                                                                                                                                                                                                ---------1----------
                                                                                                                                                                                                                                                       $            1,000,000.
                                                                                                                                                                                                                                                                                  ---
         .. ,. --    .,   ......   ~---
                                            ---       ,  .....                                                                                                                                                                                         '            1,000,000,
         .~RAGE           UAD!!,.tTY                                                                                                                                                                        AVT00NI,.Y-tAACCIDENT                     .S
                  IINVAU)Q                                                                                                                                                                                  OTHm THAN AUTO ONE 'v·
                                                                                                                                                                                                                                                      ""·-'--------
         -
                                                                                                                                                                                                                             (fi.CHACC!Dl"NT          S



         -~>CCF..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<I"          U-t-1      (,.<.lo><.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
<TE                     TO THE ORDER OF                                                               NUMBER

\70./   Cl               YrLvskco

               HUNTINGTON NATIONAL BANK
               MUSKEGON, MICHIGAN 49443



                 u•QQ 2l,l,'J11°          r:O 7 21,0 31,7 31:   0   ~ ~   7 ~ 201; 7 2'lll"
Date:      February 8, 2005
To:        Honorable Mayor and City Commissioners
From:      Legislative Policy Committee
RE:        Amendment to City Commission Rules and
           Procedures




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.



COMMITIEE RECOMMENDATION: Recommends Approval.
CITY OF MUSKEGON

CITY COMMISSION

   RULES AND
  PROCEDURES
                          CONTENTS


RULES OF THE CITY COMMISSION

A.   Regular & Special Meetings
B.   Meeting Procedures
C.   Closed Meetings
D.   Voting & Discussion
E.   Citizen Participation
F.   Agenda
G.   Consent Agenda
H.   Recording of Meeting
I.   Miscellaneous
J.   Committee Assignments
K.   Manager Evaluation Process




     GUIDELINES FOR CONDUCT

A.   Public Relations

B.   City Commission Relations with City Staff

C.   City Commission Relations with Appointed City Commissions and
     Committees and Commission Member Representation to other Agencies and
     Groups
                               RESOLUTION
A RESOLUTION OF THE CITY OF MUSKEGON ADOPTING RULES OF THE CITY
COMMISSION FOR THE CONDUCT OF COMMISSION MEETINGS AND A CODE
OF CONDUCT.

BE IT RESOLVED by the City Commission of the City of Muskegon that said Commission
does hereby adopt certain rules of procedures and conduct as follows:

              RULES OF THE CITY COMMISSION
A.    REGULAR AND SPECIAL MEETINGS:

      1.    REGULAR MEETINGS

            Regular meetings of the City Commission will be held on the second and
            fourth Tuesday of each month beginning at 5:30 p.m., local prevailing time,
            at the City Hall, 933 Terrace Street, Muskegon.   Regular meetings may be
            rescheduled to other times by a vote of the Commission.

      2.    SPECIAL MEETINGS

            A special meeting may be called by the Mayor or any of two (2) or more
            members of Commission and upon at least eighteen (18) hours notice to each
            member.

      3.    BUSINESS AT SPECIAL MEETINGS

            No business shall be transacted at any special meeting of the Commission
            unless the same has been stated in the required notice of such meeting.

      4.    STUDY SESSION MEETINGS

            The Study worksession meetings will be held on the Monday preceding the
            second Tuesday of each month at 5:30p.m. in City Hall, 933 Terrace Street.

      5.    REGULAR AND           SPECIAL      MEETING        NOTICE      (POSTING)
            REQUIREMENTS.

            a)    For regular meetings of the Commission, the Clerk shall post at the
                  City Hall, within three (3) days after the first meeting of the
                  Commission in each calendar year, a public notice stating the dates,
                  times, and places of its regular meeting for the year.

            b)    For a rescheduled regular or a special meeting, of the Commission, a
                  public notice stating the date, time, place and reason of the meeting
                  shall be posted in City Hall at least 18 hours before the meeting.
          c)     However, such notice, as described in 5a and b above, is not required
                 for a meeting of the Commission in emergency session in the event of
                 a widespread natural disaster or a severe and imminent threat to the
                 health, safety or welfare of the public when two-thirds of the members
                 of the Commission determine that delay would be detrimental to the
                 City's efforts in responding to the threat.

     6.   MAIUNG OF MEETING AGENDAS

          Upon written request of an individual, organization, firm or corporation, and
          upon the requesting party's payments of an annual fee of not more than the
          reasonable estimated cost for printing and postage of such notices, the Clerk
          shall send to the requesting party by first class mail a copy of regular meeting
          agendas. Upon written request, the Clerk shall provide a copy of such notices
          of meetings to any newspaper published in the City of Muskegon and to any
          radio and television station located in Muskegon County free of charge.

     7.   MINUTES OF REGULAR AND SPECIAL MEETINGS

          a)     A journal of the proceedings of each regular and special meeting will
                 be kept in the English language by the Clerk and shall be signed by
                 the City Clerk, upon approval of Commission.

          b)     Unapproved minutes of regular or special meetings will be available
                 for public inspection not more than eight business days after such
                 meeting.

          c)     Approved minutes will be available for public inspection not later than
                 five business days after the meeting at which the minutes were
                 approved.

B.   MEETING PROCEDURES:

     1.   MEETINGS TO BE PUBUC

          All regular and special meetings of the City Commission shall be open to the
          public and citizens shall have a reasonable opportunity to be heard under
          such rules and regulations as the Commission may prescribe.

     2.   ORDER OF BUSINESS

          An agenda for each Regular Commission meeting shall be prepared by the
          Mayor, City Manager or City Clerk in accordance with the following order of
          business:

          a.    Call Meeting to Order/Welcome
          b.    Prayer
          c.    Pledge of Allegiance
          d.    Roll Call
          e.    Honors and Awards
          f.    Consent Agenda
          g.    Public Hearings
          h.    Communications
          i.    City Manager's Report
          j.    Unfinished Business
          k.    New Business
          I.    Any Other Business
          m.    Public Participation
          n.    Adjournment

     3.   QUORUM

          Four (4) members of the Commission in office at the time shall be a quorum
          for the transaction of business.

     4.   PRESIDING OFFICER

          The presiding officer shall be responsible for enforcing the Rules of the City
          Commission, contained herein, as well as the Code of Conduct. The Mayor
          shall be the presiding officer of the Commission.       In the absence of or
          disability of the Mayor, the Vice-Mayor shall be the presiding officer of the
          Commission. In the absence or disability of both, the Commission, may
          designate another of its members to serve as presiding officer during such
          absence or disability.

C.   CLOSED MEETINGS:

     1.   PURPOSE

          The City Commission may only meet in closed session for purposes defined
          in the Michigan Open meetings Act as follows:

          a)    To consider the dismissal, suspension, or disciplining of, or to hear
                complaints or charges brought against, a public officer, employee, staff
                member, or individual agent, when the named person requests a
                closed hearing.

          b)    For strategy and negotiation sessions connected with the negotiation
                of a collective bargaining agreement or related issues when either
                negotiating party requests a closed hearing.

          c)    To consider the purchase or lease of real property up to the time an
                option to purchase or lease that real property is obtained. This does
                not include the sale, lease or other conveyance of City property to
                others.

          d)    To consult with its attorney regarding trial or settlement strategy in
                connection with specific pending litigation, but only when an open
                meeting would have a detrimental fmancial effect on the litigating or
                settlement position of the Commission.
          e)     To review the specific contents of an application for employment or
                 appointment to a public office when the candidate requests that the
                 application remain confidential. All interviews by a public body for
                 employment or appointment to a public office shall be held in an open
                 meeting pursuant to this act.

          f)     To consider material exempt from discussion or disclosure by state or
                 federal statute.

     2.   CALLING CLOSED SESSIONS:

          A two-thirds roll call vote of the Commission members elected and serving
          shall be required, except under Sections (a) and (b) above. The roll call vote
          shall be taken at an open meeting. and the purpose for calling the closed
          session shall be entered into the minutes of the meeting at which the vote is
          taken.


     3.   MINUTES OF CLOSED MEETINGS

          A separate set of minutes shall be taken by the Clerk or the designated
          Secretary at the closed session. These minutes will be retained by the Clerk of
          the Commission, shall not be available to the public, and shall be disclosed if
          required by a civil action. These minutes shall be kept for a period of one year
          from the date of the closed meeting.

     4.   CONFIDENTIALITY OF CLOSED MEETING INFORMATION

          A City Commission member shall not divulge to an unauthorized person
          confidential information discussed in an executive session in advance of the
          time prescribed for its authorized release to the public by the City
          Commission. Commission members shall honor the confidentiality of the
          debate, discussion, and preliminary action taken in executive session, and be
          aware of the potential financial liability and/ or harm to the reputation of the
          City by premature disclosure.

D.   VOTING AND DISCUSSION:

     1.   ROLLCALL

          In all roll call votes, the names of the members of the Commission shall be
          called. A vote upon all ordinance enactments, rezoning issues, and liquor
          license requests shall be taken by a roll call vote and entered upon the
          records.

     2.   RESULTS OF VOTING

          In all cases where a vote is taken, the Chair or Clerk shall declare the result.
      3.     DUTY TO VOTE

             Whenever a question is put before the Chair, every member shall vote,
             provided however, that no member shall be required to vote if:

             a)     That member shall have a conflict of interest and shall state his/her
                    conflict of interest, or

             b)     That member shall state that he/she has inadequate information upon
                    which to base a reasonably informed vote and shall state the
                    particulars of the information desired before a reasonable informed
                    vote can be cast.

(Absence from a prior meeting shall not constitute the basis of the lack of information
referred to above)

             If a member is precluded from voting pursuant to a conflict of interest, that
             member shall refrain from participating in the discussion on the issue.

      4.     CONDUCT OF DISCUSSION
             The maker of the motion shall speak lrrst; the supporter of   the    motion
             shall speak second. During Commission discussion and debate, no member
             shall speak until recognized for the purpose by the Chair. After such
             recognition the member shall confine discussion to the question at hand.
             Personal comments about other individuals should be avoided. When
             addressing other members of the Commission they should be addressed by
             title and/or last name but not by lrrst name. No member should request to
             speak a second time on a motion as long as another is requesting recognition
             to speak for a first time.

      5.     COMMISSION MEMBER REQUESTS FOR POSTPONEMENTS

             Requests for postponements on agenda items from members of Commission
             requires approval by a majority of Commission present.

      6.     RULES OF PARLIAMENTARY PROCEDURE

             The rules of parliamentary practice as contained in Robert's Rules of Order,
             most recent edition, shall govern the Commission in all cases to which they
             are applicable, provided they are not in conflict with these Rules or with the
             Ordinances and Charter of the City of Muskegon.

      7.     RECONSIDERATION OF MOTIONS

             When a question has been decided, it shall be in order for any Commission
             member who voted on the prevailing side of the question to move the
             reconsideration at the same meeting or at the next regularly scheduled
             meeting, provided no action has been taken as a result of the previous vote.
     8.   GENERAL CONSENSUS

          General consent or consensus may be used to give direction and the minutes
          should indicate that a majority consented.

E.   CITIZEN PARTICIPATION:

     1.   GENERAL

          Each Commission meeting agenda shall provide for reserve time for audience
          participation, as requested.

     2.   REQUESTS TO SPEAK, LENGTH OF PRESENTATION- PUBLIC
          HEARINGS AND PUBLIC PARTICIPATION

          Members of the public at the meeting shall not speak unless recognized by
          the chair. Members of the public shall be limited to speaking for a maximum
          of three (3) minutes during any public hearing or public comment. A person
          representing a group and speaking on behalf of the group shall be allowed ten
          (10) minutes to address Commission. They must first submit a written
          request form with the City Clerk prior to start of the meeting at which they
          wish to speak.

     3.   PERSONS ADDRESSING THE COMMISSION

          Prior to addressing Commission, members of the public shall step up to the
          microphone/podium and state their name and address and, if appropriate,
          group affiliation. The Commission may in its discretion limit public
          comments to new information or matters not fully addressed at any previous
          meeting regarding the agenda item at issue.

     4.   DEVIATION

          Either in his/her discretion, or upon the request of a member of the
          Commission, the Mayor may recognize a member of the audience who shall
          be permitted to address the Commission at a time other than audience
          participation; however, all other rules as provided herein shall apply.

     5.   REQUESTS TO SPEAK DURING PUBLIC PARTICIPATION.

                a.     Any person who wishes to speak on a subject not on the printed
                       agenda may speak at this time. All rules of conduct still apply.

                b.     Candidates or any person(s) working for a candidate shall not
                       be allowed to use public participation time for campaigning.
     6.   DISORDERLY CONDUCT AT MEETINGS.

          Persons addressing the Commission shall make responsible comments and
          shall refrain from making personal, impertinent, slanderous or profane
          remarks. The Chairperson may call to order any person who is being
          disorderly by speaking when not recognized by the chair or otherwise
          disrupting the proceeding by failing to be germane, by speaking longer than
          the allotted time, or by speaking vulgarities. Such persons shall thereupon be
          seated until the Chair shall have determined whether the person is in order. If
          a person so engaged in presentation shall be called out of order, he or she
          shall not be permitted to speak at the same meeting, except upon special
          leave by the Commission. If the person shall continue to be disorderly and
          disrupt the meeting, the chair may order the Police Department to remove the
          person from the meeting.


F.   AGENDA:

     1.   PREPARATION

          The City Manager and City Clerk shall prepare an agenda for each regular or
          special meeting of the City Commission. The deadline for submitting items
          for Commission agenda is 4:00p.m. on the Tuesday preceding the Tuesday of
          the Commission meeting to the City Clerk. Agenda items from Commission
          members should be submitted in writing by this same time to the City
          Manager. Requested items will appear on a meeting agenda within three
          meetings after request is made.

     2.   DISTRIBUTION

          Agendas, ordinances and all related background material will be delivered to
          City Commission members at their requested location, the Thursday before
          the scheduled regular meeting, or at least 12 hours before a scheduled special
          meeting.

     3.   AGENDA MATERIAL

          Department Heads and all others shall submit written requests for inclusion
          on the agenda to the City Clerk with all necessary supporting data. Written
          presentations shall be submitted by 4:00 p.m. on the Tuesday preceding the
          Tuesday Commission meeting for circulation with agendas.            Agenda
          requests could be delayed to a later meeting if related information is not
          received by the City Clerk in a timely manner.

G.   CONSENT AGENDA:

     1.   PURPOSE.

          A consent agenda will be used to allow the City Commission to act on
          numerous administtative or non-controversial items at one time.
     2.   AGENDA ITEMS.

          A consent agenda will be developed by the City Clerk and/or City Manager
          prior to the regular meeting Items that could be included on this agenda
          include non-controversial items such as approval of minutes, payment of bills,
          approval of recognition resolutions, pay raises, etc. Any member of the
          Commission may request that an item be removed from the consent agenda
          and placed on the regular agenda for discussion.

H.   RECORDING OF COMMISSION MEETINGS:

     1.   MEETINGS MAY BE RECORDED

          All regular or special meetings of the City Commission may be recorded
          through the use of audio/visual electronic devices. Such recordings will be
          under the control and supervision of the City Clerk.

     2.   RETENTION OF RECORDS

          Any recordings from Commission meetings may be retained by the City Clerk
          for a period of two (2) years from the date of the meeting.

I.   MISCELLANEOUS:

     1.   AMENDMENTS TO RULES

          The rules of the City Commission may be altered or amended by a majority
          vote of two-thirds of the entire Commission.

     2.   SUSPENSION OF RULES

          The rules of the City Commission may be suspended for good cause for a
          specified portion of a meeting by a two-thirds majority of the entire
          Commission.

     3.   CONTROLLING AUTHORITY

          These rules shall control, unless preempted by City Charter, State laws or the
          Court.

     4.   REVIEW OF CONSULTANTS

          City Commission shall make an annual internal evaluation of consultants at
          the time of review of the City budget to determine if the services being
          provided are satisfactory and if judged to be inappropriate, will move to
          proceed with establishing a more formal review process.
     5.     RESOLUTIONS OF RECOGNITION

            Requests for resolutions will be made and acted on at the Community
            Relations Committee meeting. All Commissioners will sign resolutions voted
            on and approved. As Mayor, the Mayor can sign any other resolutions.


J.   COMMITTEE ASSIGNMENTS

     1.     ASSIGNMENTS

            The Mayor may assign Commission members to any committee as is deemed
            necessary, with approval of the City Commission.

     2.     RESPONSIBILITIES

            Commission member's responsibilities as committee members will be generally
            limited to policy and not the administration of a department or appointed
            organization.



K.   CITY MANAGER EVALUATION PROCESS

     The City Manager will be evaluated by the members of the City Commission before
     July 1" each year. Forms and materials will be sent out by the City Clerk and all
     completed forms will be returned to the City Clerk for compiling. A report will be
     generated by the City Clerk with the results of the evaluations. A meeting with the
     City Manager and City Commissioners will be scheduled to review the evaluations.
To:           City Commission

From:        City Clerk

Date:        May 1, 2003

RE:          City Manager Evaluation


Attached you will find the information and paperwork for your process of
evaluating the City Manager.

             Evaluation Form     The form has both an area for rating by
                                 number and a spot for writing your comments.


             Form Ratings        Displays the rating scale.

             Procedures          Indicates the time frame for this process.

The procedures indicate that you need to turn into me your completed forms by
May 28, 2003. That would allow me time to compile the results and forward to
you for your meeting with the city manager.

If you have any questions, please call me at 724-6721.
CITY MANAGER EVALUATION PROCEDURES


May 1-15                  Evaluation forms sent to City Commission by
                          no later than May 15th. Also included will be
                          a letter with instructions and deadline date
                          for turning forms in.



May 15-17                 Reminder letter sent to commissioners with
                          deadline date to turn in forms.



May 20-24                 Reminder letter of due date for forms sent
                          to commissioners.



May28                     Evaluation forms are due to the City Clerk.

ist week in June          Results compiled by City Clerk.
                          Copies of individual evaluation forms
                          provided to City Manager.
                          Copies of compiled results forwarded to City
                          Commission and City Manager.
City Worksession
June 9, 2003              Manager's evaluation.

                          Consideration of Manager's Wage & Benefit
                          Package.

City Commission Meeting
June 10, 2003             Put on Agenda if necessary.

                          Original evaluations and copy of compiled
                          report filed in City Manager's office.
       City Manager Evaluation
            Form Ratings




1-2     Performance Unsatisfactory.

3-4    Needs Improvement.

5-6     Satisfactory Performance.

7-8     Good Performance.

9-10   Excellent Performance.
                                     CONFIDENTIAL

                       CITY MANAGER PERFORMANCE EVALUATION

                              City of Muskegon, Michigan



Rate from 1-10                                                 Date: _ _ _ _ _ _ _ __
(10 being excellent)                                           Evaluator

Circle Rating                      Responsibility or Characteristic




                             GENERAL ADMINISTRATION


1 2 3 4 5 6 7 8 9 10        Manpower Development: Does he appoint and train effective
                            Subordinates? Is he able to recruit and retain quality employees?




1 2 3 4 5 6 7 8 9 10        Leadership: Does he motivate others to maximum performance?
                            Is he respected as demanding but fair?




1 2 3 4 5 6 7 8 9 10        Supervision:       Does he adequately supervise and direct the
                            activities of the Department Heads and staff? Is he able to control
                            the operational activities of the City through others? Is he available
                            to his employees for guidance and counseling? Does he effectively
                            develop Department Heads and staff people?
12345678910            Job Organization: Does he delegate responsibility effectively?
                       Does he use his time productively? Does he program activities in
                       an orderly and systematic way?




1 2 3 4 5 6 7 8 9 10   Execution of Policy: Does he understand and comply with the
                       overall policies, law and philosophy of the City? Do his efforts lead
                       towards successful accomplishment of goals? Does he measure
                       results against goal and take corrective action?




1 2 3 4 5 6 7 8 9 10   Planning: Does the Manager translate policies and objectives into
                       specific and effective programs? Does the Manager independently
                       recognize problems, develop relative facts, formulate alternate
                       solutions and decide on appropriate recommendation?




1 2 3 4 5 6 7 8 9 10   Budget: Is the budget developed in a systematic and effective
                       manner? Is the budget proposal for the Manager normally
                       reasonable and appropriate? Does he carry out the budget
                       satisfactorily and control expenses within the levels set in the
                       budget?




                                       2
1 2 3 4 5 6 7 8 9 10   Communication: Does he keep appropriate people informed?
                       Doe he present his thoughts in an orderly and understanding
                       manner? Is he able to be persuasive?




1 2 3 4 5 6 7 8 9 10   RePOrting: Does he submit accurate and complete staff reports
                       on schedule? Do the reports adequately convey information on the
                       operation of the City?




12345678910            Commission Communication: Does the Manager provide the
                       Commission with adequate information to make decisions?




12345678910            Written Communication: How effective are the Manager's
                       letters, memoranda and other forms of written information?




                                      3
1 2 3 4 5 6 7 8 9 10   Resoonse to Commission: Does the Manager respond in a
                       positive way to suggestions and guidance from the Commission? Is
                       the Manager attuned to the Commission's attitudes, feelings and
                       needs?




1 2 3 4 5 6 7 8 9 10   Productivity: can the Manager be depended on for sustained
                       productive work? Does the Manager readily assume responsibility?
                       Does the Manager meet time estimates within his control?




1 2 3 4 5 6 7 8 9 10   Stress Management: Is the Manager able to resolve problems
                       under strain and unpleasant conditions? How well does the
                       Manager tolerate conditions of uncertainty? Does the Manager
                       respond well to stressful situations and adequately deal with the
                       stress inherent to the position?




GENERAL ADMINISTRATION COMMENTS:




                                      4
                        EXTERNAL RELATIONSHIPS




1 2 3 4 5 6 7 8 9 10   Community Relations: Is the Manager skillful in his dealings
                       with the news media? Does he properly avoid politics and
                       partisanship? Does he show an honest interest in the community?
                       Does he properly convey the policies and programs of the City?




12345678910            Community Reputation: What is the general attitude of the
                       community to the Manager? Is he regarded as a man of high
                       integrity and ability? Is his public credibility an asset or liability to
                       the City?




12345678910            Professional Reputation: How does the Manager stand among
                       his colleagues?     Does he deal effectively with other public
                       managers?       Is he respected by professional and staff
                       representatives of other cities and counties?




                                        5
1 2 3 4 5 6 7 8 9 10   Intergovernmental Relations:             Does the Manager work
                       effectively with federal, state, and other local government
                       representatives? Is his relationship with other local government
                       officials beneficial to the City? Is he able to facilitate cooperative
                       efforts among various local agencies and the City?




EXTERNAL RELATIONSHIP COMMENTS: _________________________________




                                       6
                       PERSONAL CHARACTERISTICS




1 2 3 4 5 6 7 8 9 10   Imagination: Does he show originality in approaching problems?
                       Does he create effective solutions?     Is he able to visualize the
                       implications of various alternatives?




1 2 3 4 56 7 8 9 10    Objectivity: Is he unemotional and unbiased? Does he take a
                       rational and impersonal viewpoint based on facts and qualified
                       opinions? Is he able to divide his personal feelings from those
                       which would most effectively convey the City's interest?




12345678910            Drive: Is the Manager energetic and willing to spend the time
                       necessary to do a good job? Does he have good initiative and is he
                       a self-starter? Does he have good mental and physical stamina?




                                      7
12345678910           Judgment and Decisiveness: Is he able to reach quality
                      decisions in a timely fashion? Are his decisions generally good?
                      Does he exercise good judgment in making decisions and in his
                      general conduct?




12345678910          Attitude: Is he enthusiastic? Cooperative? Willing to adapt?
                     Does he have an enthusiastic attitude toward the City, both
                     professionally and personally?




12345678910          Self Assurance: Is the Manager self assured of his abilities? Is
                     he able to be honest with himself and take constructive criticism?
                     Does he take responsibility for mistakes which are his? Is he
                     confident enough to make decisions and take actions as may be
                     required without undue supervision from the Commission?




PERSONAL CHARACTERISTICS COMMENTS: ______________________________




                                      8
OVERALL GENERAL COMMENTS




           9
                  CITY OF MUSKEGON
                GUIDELINES OF CONDUCT
A.   PUBLIC RELATIONS

     1.   Members of Commission should refrain from argument with a member of the
          public or staff at Commission meetings since these arguments seldom resolve
          concerns and many times inflame feelings at a public meeting. Any concerns
          by a member of Commission over the behavior or work of a City employee
          during a Commission meeting should be directed to the City Manager to
          ensure the concern is addressed.

B.   CITY COMMISSION RELATIONS WITH CITY STAFF

     1.   There shall be mutual respect from both Staff and Commission members of
          their respective roles and responsibilities when and if expressing criticism in
          public session.

     2.   Requests for information or questions by the City Commission shall be
          directed to the City Manager or the appropriate Department Head. All non-
          routine requests should be submitted to the City Manager's office. All
          complaints shall be submitted to the City Manager.

     3.   All written informational material requested by individual Commission
          members shall be submitted to the City Manager who will transmit them to all
          Commission members with the notation indicating which Commission
          member requested the information.


     4.   Commission shall not attempt to correct or influence Staff in the selection of
          employees, recommendations for the awarding of contracts, the selection of
          consultants, the processing of development applications or the granting of
          City licenses or permits.

     5.   Incoming mail clearly marked as personal shall not be opened when
          addressed to individual Commission members or staff unless requested. All
          other mail addressed to City offices for the Mayor or City Commission
          Members shall be opened by appropriate staff. The City Manager's office will
          advise City Commission members if they have received mail which must be
          acknowledged, in order that Commission may timely respond.

     6.   A Commission member shall not direct Staff to initiate any action or prepare
          any report that is significant in nature or initiate any project or study without
          the approval of a majority of the City Commission. All such requests will be
          first directed to the City Manager.

c.   CITY COMMISSION            RELATIONSHIP WITH APPOINTED  CITY
     COMMISSIONS AND           COMMITTEES. AND COMMISSION MEMBER
       REPRESENTATION TO OTHER AGENCIES AND GROUPS.

       1.      Members of the City Commission should not attempt to influence
               recommendations by City Commission appointed comnuss1ons or
               committees, or to influence or lobby individual appointed commission or
               committee members on any item under their consideration. It is important
               for appointed commissions and committees to be able to make objective
               recommendations to the City Commission on items before them. Members of
               City Commission that attempt to influence appointed commission positions
               on an item may prejudice or hinder their role in reviewing the appointed
               commission's or committee's recommendation as a member of the City
               Commission.

       2.      Individual City Commission members who are not members of an appointed
               commission or committee have the right to attend meetings but are cautioned
               about becoming involved in the meeting's discussion, except as a member of
               the public. City Commission members, however, may answer questions put
               to them or respond to information being provided. City Commissioners
               should not act so as to influence an appointed commission or committee by
               virtue of their holding the office of City Commissioner.

       3. If a member of the City Commission represents the City before another
          governmental agency or organization, the City Commission member should first
          indicate the majority position as an opinion of the City Commission. Personal
          opinions and comments may be expressed only if the City Commission member
          clarifies that these statements do not represent the position of the City
            Commi~sion.


       4. Before any commission er accepts an appointm ent to any out of state board which
          m ay itwol\'c out of state lraYel, he or she must first brin g it before th e entire
          Commission for consid eration.


Moved by Commissioner Shepherd, seconded by Commissioner Aslakson, to adopt the City
Commission Rules and Procedures for the City of Muskegon.

Adopted the 251h day of May, 1999.
City Commission #99-45d
Amended 8-14-01 (Manager Eval.)
Amended 8-13-02 (Section E, # 5)
Adopted with amendments 9-10-02
Am ended Feb ruary 8, 2005


                                                   even .    amungton
                                                  Mayor

                                                   ~ G,
                                                  Gail A. Kundinger , MMC
                                                  City Clerk
Date:     02/08/05
To:       Honorable Mayor and City Commission
From:      DPW
RE:       Budget Vehicle Replacement




SUMMARY OF REQUEST: Approval to purchase Two Dodge 1500 4X4 Quad
Cabs using the State of Michigan Purchasing Contract.



FINANCIAL IMPACT: Total Cost $42,361.56



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approve purchase.
                                     Famill( Auto          Lakeshore Dodge           Michigan State Contract
         Tl(l!e of Vehicle           3146 Hen!)l             4235 Fruitvale            6131 Pennsl(lvania      I


                                 Muskegon Mich 4944 Montague Mich 49437                Lansing Mich 48911
Two Dodge 1500 Quad Cab
            4X4 truck                     $55,000.00                $51,990.00             ~42,361.56




Chevrolet           $45,614.00
GMC                 $46,324.00
Ford                $46,618.00
Nissan              $55,970.00




                                                                                 .
                                                       i                         '

                                                       I                         i
Date:     02/08/05
To:       Honorable Mayor and City Commission
From:     DPW
RE:       Budgeted Vehicle Purchases




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.
Memorandmn

To:   Honorable Mayor and City Commissioners
From:DPW
Date: 02/08/05
Re:   Budgeted vehicle replacement



   The Equipment Division had scheduled the replacement of two of
our 1997 pick up trucks in 2004, but due to budget constraints we
decided to extend their service life for an additional year. These trucks
are used on a daily basis to check on job sites, inspect previous and
future work, and carry various equipment needed for on call and after
hours emergencies.

   I have requested prices from area dealers as well as the statewide
purchasing contracts. Attached is a summary of bids.

   In accordance with established purchasing policy, I am requesting
permission to purchase two Chevrolet Colorado pickup trucks using
statewide purchasing.




                                                                            1
                                  Equipment Purchase - 2005                                                   •




                        Macomb Countv            Meyer's Chevrolet   Freedom Chevrolet       Tony Betten
                        40445 Van Dyke i            4748 First        7052 West 48th         2474 Henrv
TyQe of Vehicle        Sterling Heights Mi         New Era Mi.       Fremont ,Michigan   '
                                                                                             Muskegon Mi      I



                   I
                   i
2Chevrolet Colorado~          $29,752.28                $32,336.76          $36,120.00           $31,960.00




                                             !
Date:     02/08/05
To:       Honorable Mayor and City Commission
From:     DPW
RE:       Budgeted Vehicle Replacement




SUMMARY OF REQUEST: Approval to purchase three Ford F-250 Trucks
from Tony Betten & Sons Ford.


FINANCIAL IMPACT: Total Cost $48,000.00


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approve the purchase of three Ford F-250
Trucks from Tony Betten & Sons Ford.
Memorandtnn

To:    Honorable Mayor and City Commission
From: DPW
Date: 2/1/2005
Re:    Work Truck Replacement



   The Equipment Division has scheduled the replacement of three
Water and Sewer Department trucks for this year. These vehicles are
used for a variety of activities including water meter setting, Miss Dig
staking and general construction work. The trucks that will be coming
out of service as a result of this purchase are three 1997 GMC trucks.

    I have requested prices from area dealers as well as the statewide
purchasing contracts. The bids were very close with only a few hundred
dollars separating the three lowest bidders. Attached is a summary of
the bids.

    In accordance with established purchasing policy, I am requesting
permission to purchase three 2005 Ford F-250 trucks from Tony Betten
& Sons Ford.




                                                                           1
                                         Equipment Purchase - 2005

                         Macomb Count)[       Great Lakes Ford             Fremont Ford              Ton)l Betten
                         3942 W. Lansing     2469 E.   A~~le   Ave         7148 w 48th             3839 Plainfield NE
T)l~e   of Vehicle        Per!:)[ Mi 48872   Muskegon Mi 49442           Fremont ,Michigan       Grand   Ra~ids   Mi 49525


3 2005 Ford F-250              $49,893.00              $50,040.00               $48,504.27                    $48,000.00




                                                                                             I

L_                   I                                               .
                                                                                             I
Date:      02/08/05
To:        Honorable Mayor and City Commission
From:      DPW
RE:        Budgeted Vehicle Replacement




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.
Memorandum
To:     Honorable Mayor and City Commissioners
From: DPW
Date: 02/08/05
Re:    Dump Truck Replacement



   The Equipment Division has scheduled the replacement of three
small dump trucks for 2004. These vehicles (smaller than plow trucks)
are used for a variety of activities including plowing alleys, construction
projects, and leaf pick up. These smaller vehicles do not require a CDL
for operation and therefore can be used by our seasonal employees.

   I have requested prices from area dealers as well as the statewide
purchasing contracts for the cab and chassis and fabrication equipment.
(See attachment)

    In accordance with established purchasing policy, I am requesting
permission to purchase Three 2005 Ford F-450 cab and chassis from
Tony Betten & Sons and the fabrication using Monroe equipment.




                                                                              1
                                         Small Dump Truck Purchase

                             Macomb Countv Great Lakes Ford               Government Sales         Tony: Betten            Kent Citv Ford
                             3942 W. Lansing        2469 E. A11111e Ave     Garno Ford          3839 Plainfield NE           29 N. Main
                                                                                                                       '

Ty:11e of Vehicle             Perry: Mi 48872 Muskegon Mi 49442            Woodhaven Mi       Grand Ra11ids Mi 49525i Kent Citll Mi 49330
                                                                                                                       i

 3 Ford F-450                     $64,842.00                $63,722.70           $67,809.00              $57,781.98         $62,640.00        •




Cab and chassis
                                                                                                                                              •




Dump Body and hoist                                                                                                                           •




for three trucks using
State bid pricing


Monroe                             $17,124.00               $17,124.00           $17,124.00               $17,124.00        $17,124.00
Knapheid                           $18,555.00
Canfield                           $18,843.00
Bostic                             $22,443.00
                                                I

                                                i
                                                                                                                       '
    Total for three      '         $81,966.00               $80,846.70           $84,933.00               $74,905.98             $79,764.00
                         I
Date:     02/08/05
To:       Honorable Mayor and City Commission
From:     DPW
RE:       Plow Truck Purchase




SUMMARY OF REQUEST: Approval to purchase 2 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.
I ---------~
                                 2 Plow Truck Cab & Chassis
                                                                                        ---



                                                          Bid            Model
                                                 -----                                  ---~--




 Woodland International                          $ 104,062.24   International 7400SFA
~-==-·-·   ...                                                       -

 27 4 W. Sherman
t-:c·          ....      -
 Muskegon, Ml49444
                                                                                     ·---
Duthler Truck Center                       ...
                                                 $ 112,076.00   Sterling L7500
                                                                     -
As25 ClaySW
r=-···              ..           ·-                                              -

 Grand Rapids
1--     ..
              Ml - 49548                             --


 Freightliner                                    $ 109,564.00   M2-106MD
 5285 Clay Ave
Cc-c           --            .                       ----
 Wyoming,.. Mi 49548
f--               .

1--

r--                                    -----

r--
                 STATE OF MICHIGAN
           MICHIGAN DEPARTMENT OF STATE
                         AND
                   City of Muskegon
       Help America Vote Act (HA VA) Grant Application 355
      Optical Scan Voting Tabulators & Election Management
                         Systems (EMSs)
                      RE: Master Contracts
           071B4200233 (Diebold Election Systems, Inc.);
        071B4200234 (Election Systems and Software, Inc.);
            071B4200254 (Sequoia Voting Systems, Inc.)

This Grant Application is the mechanism by which Counties, Cities, and Townships apply
 to the State of Michigan to receive (ederal HAVA funds to purchase optical scan voting
                    svstems (tabulators) and EMS, pursuant to HAVA.


Definitions:

"Local Unit of Government" means any city or township within the State of Michigan.

"County" means any county within the State of Michigan.

"Applicant" and "Grant Applicant" mean local unit of government or county.

"Department" means the Michigan Department of State.

"Deliverables" means all tangible, physical products delivered or to be delivered to the
Grant Applicant under the contract between the vendor and the Grant Applicant.

1. Period of Application
   The Grant Application process applies to uniform optical scan voting system
purchases occurring between February 1, 2005 and January 1, 2006.

2. Program, Budget and Application
   This Grant Application is to implement the federal Help America Vote Act of 2002
(HA VA), Michigan election law and Public Act 91 of 2002, by establishing a grant

355
   Detailed information on this Federal program and uses of funding can be found in the
Catalog of Federal Domestic Assistance (CFDA) 39.011- Election Refmm Payments
(www.cfda.gov; search for program number 39.011)
program to use HA VA funds to acquire and implement a unifonn optical scan voting
system throughout the state. Each County, with the involvement of the local units of
government within the County, will develop a countywide implementation plan to update
its voting system by selecting one Contractor for the entire County. The Department will
detetmine quantities of required equipment, per jurisdiction, based on infonnation
provided by the Grant Applicant. The information will be incorporated into this Grant
Application. Once the county implementation plan and Grant Application are signed and
approved, the Department will verify the number of voting systems authorized for
purchase using HA VA funds. If changes are required, instructions for amending the
Grant Application will be provided and the Grant Applicant will be required to resubmit
the application.

    This grant program only deals with the acquisition and implementation of the uniform
optical scan yoting system selected by each County; as well as Election Management
Systems (EMSs), software systems used to define and design ballots, program tabulators,
and accumulate votes.

    The Michigan Department of Management and Budget has entered into a Master
Contract with each approved vendor, which has established statewide prices for voting
equipment and EMS. Each County will communicate the county's agreed-upon vendor
selection to the Department.

    All contractors will be required to enter into a contractual "purchase agreement" with
each local jurisdiction and county that selects that vendor for their choice. Typically, this
document is the purchase agreement provided by the vendor. The terms and conditions
of this agreement shall not contradict the Master Contract. The tenns of the Master
Contract will supercede any conflicting tenns in the purchase agreement.

    Each vendor will enter into a software license agreement with the counties and any
local jurisdictions that receive EMS. The license agreement shall not contradict any
terms contained in the Master Contract. The terms of the Master Contract supercede any
conflicting terms in the license agreement.

   Once equipment and EMS have been delivered, tested, and accepted by each Grant
Applicant in the County according to the County Plan, the Department, through the
Michigan Department of Management and Budget, will release the HAVA funds to the
Contractor.

3. General
    The individual submitting the Grant Application must have the proper authority to do
so. Proof of authmity must be submitted with the Grant Application. Examples of
authority include but are not limited to, a resolution from the Board of County
Commissioners, City Council or Township Board authorizing purchase and contracting
authority.




                                             2
4. Performance
    Each Applicant will fill out the Grant Application and forward it to the Department at
the address indicated in the instructions provided. The DepaJiment will review and, once
approved, will provide the Applicant with a copy of this fully-executed Grant
Application, which will serve as Notice of the Grant A ward. The Department will initiate
equipment orders directly with the Contractor, and will provide the Applicant with the
Acceptance Certificate & Payment Authorization Form, which must be submitted by the
Applicant to the Department within 10 days of equipment delivery. This form indicates
acceptance of equipment and payment authorization.

    The Applicant is responsible for overseeing its contractual agreement with the
Contractor and is responsible for ensuring Contractor performance. Any subsequent
malfunction or perfonnance issue with voting equipment and EMS must be addressed by
the Applicant. The Grant Applicant is responsible for maintaining any and all Contractor
perfom1ance records. The Applicant has the sole responsibility to verifY Contractor
compliance with delivery dates, tenns and conditions of delivery, a11d equipment
verification and testing in accordance with the statewide Master Contract for the
Applicant's selected vendor. The Grant Applicant will be responsible for maintenance,
repairs, or additional costs incurred that are not covered by warranty provisions in the
Master Contract.

5. Testing, Acceptance and Payment
   I . Successful acceptance testing of the optical scan tabulators and EMS software
       should be completed within I 0 calendar days from the date of delivery.
   2. Upon completion of all accepta11ce testing, the Applicant must fill out the
       Acceptance Certificate & Payment Authorization Form and forward the
       completed form to the Department.
   3. This fonn will indicate date of delivery, successful testing, and authorization to
       the Department to release funds to the Contractor.
   4. Payment to the Contractor shall be made in accordance with the Master Contract
       with the Applicant's selected vendor.

6. Ownership of Equipment and Software Purchases: Title
   Any equipment and EMS software purchased pursuant to this Grant Application is the
property of the Applicant submitting the Grant Application.

7. Optional Purchases
    If the Grant Applicant desires to purchase additional items beyond those authorized in
this Gra11t Application, it may do so at its sole expense, outside of this Grant Application.
No HA VA funds will be available for such purchases. Prices established via the Master
Contract will be extended to counties and local units of government by the vendors for
these purposes.

8. Records Maintenance/Retention




                                             3
    The Grant Applicant will maintain a complete set of records and files related to the
ordering of voting equipment, EMS, delivery, testing, maintenance and repairs. The
Applicant shall assure all the tetms of this Grant Application are adhered to and that
records and detailed documentation regarding this grant shall be maintained for a period
of not less than six (6) years from the date oftennination, the date of submission of the
final expenditure report or until any litigation and audit findings have been resolved.

9. Authorized Access
    The Grant Applicant will permit, upon reasonable notification and at reasonable
times, access to all records regarding this Grant Agreement by representatives duly
authorized by State or federal law.

10. Mandatory Conditions
    A. Statutory or Regulatory Requirements
    The Master Contract for the Applicant's selected Contractor must be incorporated and
made a part of the ensuing contract between the Applicant and the Contractor, as a
condition for grant approval. The Applicant will comply with applicable federal and state
laws, guidelines, mles and regulations in carrying out the terms of this Grant Application.

       Laws
       This is a State of Michigan Grant Application and is governed by the laws of the
       State of Michigan. Any dispute arising as a result of this application shall be
       resolved in the State of Michigan.

       Validity
       This Grant Application is valid upon approval by the State Administrative Board
       and approval and execution by the Department.

       Funding
       This Grant Application is subject to and contingent upon the availability and
       appropriation of federal funds and any necessary State appropriation.

       Costs
       The State will not assume any responsibility or liability for costs incurred in
       relation to this grant.

       Cancellation
       The Department may cancel the Grant Application upon failure to comply with
       the terms of this grant.

       Entire Agreement
       The Grant Application shall represent the entire agreement between the State and
       Grant Applicant and supercedes any prior oral or written agreements, and all other
       representations between the parties relating to this subject. The State reserves the
       right to require Counties and local units of government to attend required training
       sessions with regard to new equipment purchases made under HA VA.



                                            4
       Adherence to Terms
       The failure of a party to insist upon strict adherence to any tenn of this Grant
       Application shall not be considered a waiver or deprive the party of the right
       thereafter to insist upon strict adherence to that term, or any other te1m of the
       Grant Application.

   B. Other
   Additional terms and conditions may be negotiated in the contract between the Grant
Applicant and the Contractor as long as they do not conflict with the required tenns and
conditions of this Grant Application and Master Contracts with the Applicant's selected
vendor.

11. Administration of Agreement
    The Grant Manager on behalf of the Department for this Grant Application and the
final Grant Agreement will be:

       Timothy Hanson, Director
       Elections Liaison Division
       Bureau of Elections
       PO Box 20126
       Lansing, MI 48901-0726
       HansonT@Michigan.gov

   All questions, comments and correspondence regarding this grant process, the grant
application and the final Grant Agreement must be submitted in writing to the Grant
Manager.


12. Complete Application
    In order to complete this Grant Application, it must be filled out in its entirety by
completing all indicated fields below. It must be signed by the individual authorized by
the county or local unit of goverrunent to enter into this agreement, and the Authmity or
Resolution authorizing purchase and contracting authority must be attached as described
in section 3 above.




                                             5
13. Voting Systems Authorization

Note: Grant Applicant to fill in all fields indicated (*) below:
This Grant Agreement is between the Michigan Department of State and:


                   City of Muskegon, Muskegon County
*Grant Manager for County, City, or Township (point of contact for the State):

--'G"'a>..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<m of EMS software.

    It is important to note that no jurisdiction will be required to use the EMS software for the
    purposes described above. All voting system vendors will provide these services for a fee.
    Some vendors will provide programming at no charge for the first few elections for which you
    use their equipment. However, the State is providing you with this tool in case you wish to
    perform these tasks yourself. Check with your selected vendor or the Department of State
    website (www.michigan.gov/hava, under "County Equipment Purchase I Comparative Data on
    Certified Vendors") for detailed information on these costs.



    Contacts for each vendor are listed below:


                          Michigan Voting System Vendor Contacts:



WilliaJm R. Barrett
                 Will Wesley
(630) 437-5510   (954) 770-9638                                            Miller Consultations and
~~~fu!~~~-----_J wgwesley@essvote.com                                      Elections, Inc.
 Larry Calvert                                                             (888) 742-8037 or
 (630) 852-7147                                                            (616) 443-4504

Diebold        Systems Inc.          Election Systems & Software, Inc.
1611 Wilmeth Rd.                     11208 John Galt Blvd.
            TX                               NE68137
Please review this document, sign it, and return it to the Department of State's Bureau of
Elections by Friday, February 18, 2005 at:

                              Michigan Department of State
                              Bureau of Elections
                              P.O. Box 20126
                              Lansing, MI 48901-0726

         Please send your completed application to the attention of Sherry Barrett.

To save time, you may fax the completed Grant Application to the Bureau of Elections at
517-241-1591. You must follow up the fax by mailing the original signed document.

IMPORTANT NOTE: Section 3 of the agreement requires the submission of Proof ofAuthority
from your local city or township board. This step formally documents your authority for
entering into this agreement with the State. Sample language that can be used for this purpose is
attached for your use. Grant Applications returned without this proof of authority will uot
be accepted. Note: if you have already submitted your proof of authority, there is no ueed
to re-submit this document. If your Grant Application and Proof of Authority are not
returned to the Bureau of Elections by February 18, 2005, purchase of your new voting
system may be delayed; in addition, orders for your entire county may also be affected.

Once grant applications are received for all jurisdictions in your county, we will process
equipment orders. Orders will be sent directly to your selected vendor. You will be notified
once your order is placed, at which time you will also receive details of upcoming steps
involving delivery, training, testing, and payment authorization.

Questions regarding the completion and submission of the Grant Application or anything else
regarding the upcoming purchase process should be directed to Sherry Barrett at 517-241-2538
between 8 a.m. and 3:30p.m. weekdays or by e-mail at BarrettSl@Michigan.gov. Questions
regarding the terms of this Grant Application must be submitted in writing to Tim Hanson, the
Department of State's Grant Manager, at HansonT@Michigan.gov or the address listed above.
We appreciate your assistance as we move forward with this exciting project.
 (NOTE: The following language is offered as a sample for use by counties, cities, and
townships in obtaining the necessary Proof ofAutlwrity for entering into upcoming Grant
Agreements with the State, which are required to obtain new voting systems. This sample
is written from the standpoint of a Township Board. This language can be altered slightly
for use with city councils or county boards/commissions as well.)




                         Sample Township Board Resolution

WHEREAS, the                                 Township board wishes to apply to the Secretary of
State for a grant to purchase an optical scan voting system and related Election Management
System (EMS) software to comply with the Help America Vote Act (HAVA).

WHEREAS, the                                Township board has chosen to submit a grant
application for a new optical scan voting system in 2005.

NOW, THEREFORE, BE IT RESOLVED that the.,.--,-------- Township clerk
is authorized to submit this grant application on behalf of Township,
_ _ _ _ _ _ County on this day of _ _ _ _ _ _ _ _, 2005.

The foregoing resolution offered by Board M e m b e r - - - - - - - - - - -

Second offered by Board M e m b e r - - - - - - - - - - - - - - -

Upon roll call vote the following voted "aye"_ _--::::-----:---:----:--::---::.
                                                 (list names of members voting "aye")

                                      "nay"----::-:-----=----=----:---:--:.
                                               (list names of members voting "nay'')


The Supervisor declared the resolution adopted.


                                            (Name)


Township Clerk:


(Name)
                                 CITY OF MUSKEGON
                                Resolution No. 2005-ll(k)


WHEREAS, the Muskegon City Commission wishes to apply to the Secretary of State for a
grant to purchase optical scan voting systems and related Election Management System (EMS)
software to comply with the Help America Vote Act (HAVA).

WHEREAS, the Muskegon City Commission has chosen to submit a grant application for the
new optical scan voting systems in 2005.

NOW, THEREFORE, BE IT RESOLVED that the City of Muskegon Clerk is authorized to
submit this grant application on behalf of the City of Muskegon, Muskegon County on this 8111
day of February, 2005.

The foregoing resolution offered by Commissioner Gawron, second offered by Commissioner
Shepherd.

Adopted this 8111 day ofFebrumy, 2005.

Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and Gawron

Nays: None




                                      CERTIFICATION

This resolution was adopted at a regular meeting of the City Commission, held on February 8,
2005. The meeting was properly held and noticed pursuant to the Open Meetings Act of the
State of Michigan, Act 267 of the Public Acts of 1976.

                                    CITY OF MUSKEGON




                                    By    ~*Kqing~g
                            AGENDA ITEM N O . - - - - - - -

               CITY COMMISSION MEETING - - - - - - - - - -



TO:             Honorable Mayor and City Commissioners

FROM:           Bryon L Mazade, City Manager

                February 8, 2005

               Amendment to Special Event Policy


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.




COMMITTEE RECOMMENDATION:
The City Commission received this request at their work session on 2/7/05.




pmb (2005 Special Events Policy Amendment Agenda Cover Sheet)
                                                                        2005-12(j)

     Proposed Amendment to the City of Muskegon Special Event Policy


Special Events current language

Note: The City Commission has determined that the Vets groups and the Neighborhood
Associations do not pay for the Special Event Services.)


Special Events proposed revised language

Note: The City Commission has determined that the special event permit application fee
will be waived for Vets groups and the Neighborhood Associations. However, requests
from either group for special events services that result in overtime costs or undue burden
to the city will not be waived.

Action Date:    February 8, 2005.




 ~D-~r
Gail A. Kundinger, MMC
City Clerk
Date:          Februmy 8, 2005
To:            Honorable Mayor and City Commissioners
From:          Engineering
RE:           Public Hem·ing
              Create Special Assessment Distdct for:
              Clay Ave., Ten·ace to Spring




SUMMARY OF REQUEST:

To hold a public hearing on the proposed special assessment for the Clay Ave., 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 attached resolution



COMMITTEE RECOMMENDATION:
                                    CITY OF MUSKEGON

                                  Resolution No. 2005-13(a)


              Resolution At First Hearing Creating Special Assessment District
                             For Clay Ave., Terrace to Spring
                  Location and Description of Properties to be Assessed:
                          See Exhibit A attached to this resolution


RECITALS:

1.   A hearing has been held on February 8, 2005 at 5:30 o'clock p.m. at the City
     Commission Chambers. Notice was given by mail and publication as required by law.

2.   That estimates of costs of the project, a feasibility report and valuation and benefit
     information are on file with the City and have been reviewed for this hearing.

3.   At the hearing held February 8, 2005, there were 20.99% objections by the owners of
     the property in the district registered at the hearing either in writing received before or at
     the hearing or by owners or agents present at the hearing, and the Commission has
     considered the advisability of proceeding with the project.

FINDINGS:

1.   The City Commission has examined the estimates of cost to construct the project
     including all assessable expenses and determines them to be reasonable.

2.   The City Commission has considered the value of the property to be assessed and the
     value of the benefit to be received by each property proposed to be assessed in the district
     after the improvements have been made. The City Commission determines that the
     assessments of costs of the City project will enhance the value of the properties to be
     assessed in an amount at least equivalent to the assessment and that the improvement
     thereby constitutes a benefit to the property.

THEREFORE, BE IT RESOLVED:

1.   The City Commission hereby declares a special assessment district to include the
     property set forth in Exhibit A attached to this resolution.

2.   The City Commission determines to proceed with the improvements as set forth in the
     feasibility study and estimates of costs, and directs the City Engineer to proceed with
     project design, preparation of specifications and the bidding process. If appropriate and
     if bonds are to be sold for the purposes of financing the improvements, the Finance
     Department shall prepare plans for financing including submission of application to the
     Michigan Department of Treasury and the beginning of bond proceedings.
3.     The City Commission hereby appoints a Board of Assessors consisting of City
       Commissioners Shepherd and Larson and the City Assessor who are hereby directed to
       prepare an assessment roll. Assessments shall be made upon front foot basis.

4.     Based on the City's Special Assessment policy and preliminary estimates it is expected
       that approximately 21.07% of the cost of the street improvement will be paid by special
       assessments.

5.     Upon submission of the special assessment roll, the City staff is hereby directed to notify
       all owners and persons interested in properties to be assessed of the hearing at which the
       City Commission will consider confirmation of the special assessment roll.

This resolution adopted.

       Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and Shepherd

       Nays: None


                                     CITY OF MUSKEGON



                                     By-- - '~
                                             - - -=- -= "- =- - 0-~._ _~
                                            Gail A. Kundinger, Clerk
                                                                       :._:_- =-.c . .: .~
                                                                                         !~db'---



                                   ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on February 8, 2005.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.

                                     CITY OF MUSKEGON




                                     By    G~~9~, ~~~
                               EXHIBIT A


                 CLAY AVE., TERRACE TO SPRING

                  SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of Clay Ave. between Terrace & Spring
SPECIAL ASSESSMENT DISTRICT FOR CLAY AVE.
              EXHIBIT "A"



         t
      NO SCALE




                 BLAKE A liE (VAG)
                      AFFIDAVIT OF MAILING


STATE OF MICHIGAN    )
                     ) ss
COUNTY OF MUSKEGON )

TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:

                    Clay Avc. Terrace. to Spring St.

THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAG E PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITI NG THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 28TH D     OF JA  ARY 2005.




SUBSCRIBED AN D SWORN TO BEFORE ME THIS
 j._JfA DAY OF fi;,/; /tt q;;_y   , 2005.

a:m~         &),    ttk
NOTARY PUBLiC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES  7 -~s-~t) 6
                            ENGINEERING FEASIBILITY STUDY

                                                For

                                  Clay Ave., TeJTace to Spring

The reconstruction of Clay between Terrace & Spring, see attached exhibit for location, was
initiated by the City as shown in the 2005 CIP budget. The existing drainage & pavement
conditions are terrible, especially in light of the extensive improvements to Shoreline Dr.,
Western Ave as well as the proposed Mall area redevelopment. Completing Clay would a
significant improvement to that whole area. As best as we can tell, this section of road has not
received any major work since it was originally constructed which I believe was back in the 40s.
The proposed improvements (reconstruction) consist of following;

I. Complete removal of existing pavement and replace with a new asphalt street section that
   would include curb & gutter and a proposed width of 42' back to back to allow for on-street
   parallel parking.
2. New sanitary sewer line between Pine* Spring
3. New 12'' Water Main the entire length of the project
4. Water & Sanitary Services replacement where necessary

A memo from the Assessor's office, which addresses the appraisal and benefit information, is
attached.

The preliminary cost estimate for the work associated with paving is $175,000 with the length of
the project being approximately 950 lineal teet (project length) or 1152'ofassessable footage.
This translates into an estimated improvement cost of $152 per assessable foot. The assessment
figure will be at a cost not to exceed $32.00 per assessable foot as established in the 2005 Special
Assessment Rates for this type of improvement
                                           MUSKEGON COUNTY
                                           M             c         H               G         A       N


        BOAHDOF
   GOMMISSIONEHS

  Paul T. Baade, Chair
             District 10

    Bill Gill, Vice-Chair
                 District 8                                                      January 26, 2005
   Douglas A Gennett          Mohammed Al-Shatel, City Engineer
            District l        City of Muskegon
                              93 3 Terrace Street
     Charles L. Buzzell
              District2
                              Muskegon, MI 49443

   James J. Derezinski
                              Mr. Al-Shatel:
             District 4
                              In accordance with your request, I have examined the proposed special assessment
       Marvin Fl Englf?       district entailing the reconstruction of Clay Avenue between Terrace Street and Spring
                District 5    Street. The purpose of this analysis is to document the reasonableness of this special
                              assessment district by identifying and quantifying any accrued benefits. It is subject to
    Louis A McMurray
             District 9       the normal governmental restrictions of escheat, taxation, police power and eminent
                              domain. The effective date is January 26, 2005.
        ~1obert  Scolnik
              District 11     In conclusion, it is my opinion that the special assessment amounts justly and
                              reasonably represents the accrued benefits to the properties encompassed by this
       I. John Snider II
                District 3
                              project. The amounts reflect the sum of the immediate estimated value enhancement
                              and the intrinsic value that will accrue from an overall increase in property values due
      Nancy A. Woters         to an improved quality of life created by the proposed project. The proposed special
             District 6
                              assessment district encompasses primarily commercial properties. The front foot rate
Stephen Fl Wisniewski         of$32.00 for the reconstruction of the above mentioned project area appears
             Drslrict I       reasonable in light of an analysis that indicates a possible enhancement of$33.50. The
                              conclusions are based upon the data presented within this limited analysis in restricted
                              format, and on supporting information in my files.


                              Sincerely,


                              J~Q-4
                              Vicki A Emery, CMAE 3
                              Senior Appraiser




                  EOUJ\!..lZi\TIOi\1 DEi\L\fi'fMENT ,     "11'3 1:. 1\l'F'LE AVE., BUIUJING C      , lviU::;t<EGON, Ml 49442
                                                  (?31) 724-63<36     '   FAX (?31) /?4-1129
                                                 TIY (231) 722-4103 • An EEO I ADA I AA Employer
                                                                  recycled paper
January 28, 2004




OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE, OWNERS ZIPCODE                     1

The City of Muskegon is asking for your support for improvement of the street adjoining your
property located at PROPERTY ADDRESS.

The City of Muskegon believes that by making the proposed street improvements you will
have less road noise, dust, and wear and tear on your vehicle. In addition, street
improvements provide easier access for delivery of services such as snow plowing, mail
delivery, and bus service.

Called a special assessment district, the largest percentage of the proposed street
improvement will be paid for by the City of Muskegon (via local funds and or grants); however,
it will be necessary for you to cover a share of the cost (which you can spread over a period of
ten years) based on the amount of property you own bordering the street. A description of the
project, including the associated cost to you and the City, is located in the documents
attached to this letter.

While the City of Muskegon believes that the proposed improvements will result in a safer and
cleaner street while adding curb appeal to your property, you do have the right to ask further
questions or protest participation in this particular project. Please carefully review the
enclosed materials and call the City's Engineering Department at 724-6707 if you require
more information.

A public hearing is also scheduled for this project on FEBRUARY 8, 2005. If you attend this
public hearing you will be given an opportunity to make comments on the proposed special
assessment district to the commission.

Also located in this packet of materials is a Special Assessment Hearing Response Card. If
mailed back to the City of Muskegon City Clerk's Office before the scheduled public hearing
your vote will be added to the tabulation of votes during the public hearing. If you do not send
in this form your vote counts as "in favor" of the project.

Thank you for your participation in improving the quality of life in the Muskegon community.
January 28, 2005




OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE 1


Parcel Number 24-XXX-XXX-XXXX-XX: at PROPERTY ADDRESS & STREET

                  NOTICE OF HEARING ON SPECIAL ASSESSMENT

Dear Property Owner:

The Muskegon City Commission is considering whether or not to create a special
assessment district which would assess your property for the following paving project:

                    CLAY AVE .. TERRACE ST. TO SPRING ST.
The proposed special assessment district will be located as follows:

              All parcels abutting Clay Ave. from Terrace. to Spring St.
It is proposed that a portion of the above improvement will be paid by special
assessment against properties in the aforementioned district. Following are conditions
of the proposed special assessment which are important to you.

                                     Public Hearings

An initial public hearing to consider the creation of a special assessment district will be
held at the City of Muskegon City Commission Chambers on FEBRUARY 8, 2005 at
5:30P.M. You are encouraged to appear at this hearing, either in person, by agent or
in writing to express your opinion, approval, or objection concerning the proposed
special assessment. We are enclosing a Hearing Response Card for you to indicate
your agreement or opposition to the special assessment. This card includes the
property identification and description, assessable footage per City policy, and the
estimated cost of the assessment. You may also appear, as above, in lieu of, or in
addition to mailing your response card to the City Clerk. Written objections or
appearances must be made at or prior to the hearing. NOTE: THE SPECIAL
ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS
IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR
OPINION COUNTED FOR THE SPECIAL ASSESSMENT.
 A second public hearing will be held, if the district is created, to confirm the special
 assessment roll after the project is completed. You will be mailed a separate notice for
 the second hearing. At this second hearing the special assessment costs will be spread
 on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU
 HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR
 PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL
 ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE
 THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A
 WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
 UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING
 CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING
 BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
 TRIBUNAL WILL BE LOST.

 By City Charter, if the owners of more than one-half of the properties to be assessed
 shall object to the assessment in writing at or before the hearing, the improvement shall
 not be made unless the City Commission determines by affirmative vote of all its
 members that the safety or health of the public necessitates the improvement.

                                     Estimated Costs

 The total estimated cost of the street portion of the project is $175,000.00 of which
 approximately 21.07% ($36,866.88) will be paid by special assessment to property
 owners. Your property's estimated share of the special assessment is shown on the
 attached hearing response card. The remaining costs will be paid by the City.

 The street assessment, which covers improvements to the roadway, may be paid in
 installments over a period of up to ten (1 0) years. Any work on drive approaches or
 sidewalks will be assessed to the property at actual contract prices and these costs may
 also be paid in installments over ten (1 0) years. Please note this work is in addition to
 the street special assessment.

 Please refer to the enclosed sheet entitled Special Assessment Payment Options for
 more information on the payment options and financial assistance programs available.

 I urge you to return the enclosed hearing response card indicating your preference and
 to attend the scheduled public hearing. Your views are important to the City and to your
 neighbors. Additional information, including preliminary project plans and cost
 estimates is available in the Engineering Department located on the second floor of City
 Hall. Regular business hours are from 8:00A.M. to 5:00P.M. Monday through Friday
 except holidays.

 Sincerely,



/IJJt.:c~ //fdi:f/
 Mohammed AI-Shatel, P.E.
 City Engineer
                                  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:                         PROPERTY ADDRESS & STREET
    Parcel Number                             24-XXX-XXX-XXXX-XX
    Assessable Frontage:                      66          Feet

   Estimated Front Foot Cost:                 $32.00      per Foot

   ESTIMATED TOTAL COST                      $2,112.00
   Property Description
   CITY OF MUSKEGON
   REVISED PLAT OF 1903
   LOT 17 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      D
Owner                                      CoOwner/Spouse

Signature
            -----------------                      Signature
                                                                 -------------------
Address                                            Address

        Thank you for taking the time to vote on this important issue.
                                                           L.ll Y VI! lVI U::OKJ<.GVJ';
                                 CLAY AVE. TERRACE. TO SPRING ST.- H-1592
                           CDBG APPLICATION FOR WAIVER OF SPECIAL ASSESSMENT
                                                                          >



                                                 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 OI<FICE USE ONLY
APPROVED ( )              DENIED ( )       DATE                        CENSUS TRACT NO.

SIGNATURE                                                               TITLE

COMMENTS/REMARKS
                                            **ATTENTION APPLICANT**
       Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
                                                           LJ J 1 VI'    iHU31'\.~\JVl'"'

                                         CLAY AVE., TERRACE. TO SPRING ST ..
                                     REQUEST FOR WAIVER OF SPECIAL ASSESSMENT

[l2ote: You may receive this application several times- If you have already applied, please discard.
 Dear Resident:
       The City of Muskegon has selected the street abutting your property for repairs. To assist homeowners, who
       may have difficulty paying the cost of street repairs, the City offers assessment waivers through the Community
       Development Block Grant (CDBG) Program tor eligible households and families. If you meet the CDBG
       program qualifications, the City may pay the street assessment tor you to the extent that funds are available.
 Application Requirements:
 ./ Applicants must submit proof that their total household income does not exceed 65% of Area Median
    Income (see chm1 below); Proof of income may include copies of Wage & Tax Statement (W-2's) from the year
    2004, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
    mcome.
                                                         2004
                                              165% MEDIAN HOUSEHOLD INCOME CHART I
                                                   FAMILY SIZE                INCOME LIMIT

                                                         1                          $27,885
                                                         2                           31,850
                                                         3                           35,880
                                                         4                           39,845
                                                         5                           43,030
                                                         6                           46,215
                                                         7                           49,400
                                                         8                           52,585
                                                For each extra, add                   3,185

 ./ Applicants must submit proof that they both own and occupy property at the time of application; Land
    Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be
    a deed, mortgage, or land contract; proof of occupancy can be a copy of a driver's license or other official
    document showing both your name and address .

 ./ Applicants must submit proof of current property insurance.

 Please complete the first four (4) sections of the application on the reverse side of this notice, and return it, along with
 supporting documentation, to:                        City of Muskegon
                                          Community & Neighborhood Services
                                              933 Terrace Street, 2nd Floor
                                                    Muskegon, MI 49440
 For further information, please contact this office by calling 724-6717, weekdays from 8:30a.m. and 5:00p.m.

The City reserves the right to ver~fj~ a/1 application il?frnmation, and to reject any applications that cont({infals(/ied il?formation or insufficient
d octanen I a I ion.
                         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:
L Lump Sum Payment 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 (10) 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 (10) 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.
                                       CITY OF MUSKEGON
                                   NOTICE OF PUBLIC HEARINGS
                                  SPECIAL ASSESSMENT DISTRICTS

IN AN EFFORT TOWARDS NEIGHBORHOOD IMPROVEMENT, the Muskegon City Commission is
proposing that special assessment districts be created tor the following projects:

                             CLAY AVE., TERRACE ST. TO SPRING ST.
                                             AND
                             PARK ST., LAKETON AVE. TO YOUNG AVE.

The specific locations of the special assessment districts and the prope11ies proposed to be assessed are:

                         All parcels abutting Clay Ave. from Terrace. to Spring St.

                                                       And
                         All parcels abutting Park St. from Young Ave. to Laketon Ave.


The City Commission proposes that the City and property owners by means of special assessments will
share the cost of improvement. You may examine preliminary plans and cost estimates in the City Hall's
Engineering Depa11ment during regular business hours- between 8:00A.M. and 5:00 P.M. on weekdays,
except holidays.

PLEASE TAKE NOTICE: A PUBLIC HEARING WILL BE HELD IN THE MUSKEGON CITY
COMMISSION CHAMBERS ON FEBRUARY 8, 2005 AT 5:30 O'CLOCK P.M

PLEASE UNDERSTAND THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED (AT A LATER HEARING) YOU WILL HAVE THIRTY (30) DAYS FROM
THE DATE OF THE ROLL'S CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE
MICHIGAN STATE TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING
OR AT THE HEARING CONFIRMING THE ROLL, EITHER IN PERSON, BY YOUR AGENT OR
REPRESENTATIVE, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO
APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL BE LOST.

By City Charter, if the owners of more than one-half of the property to be assessed shall object to the
assessment in writing at or before the hearing, the improvement shall not be made unless the City Commission
determines by affirmative vote of all its members that the safety or health of the public necessitates the
improvement.


PUBLISH:         January 29, 2005                                   Gail Kundinger, City Clerk

                                                 ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audiotapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:


                                      Gail A. Kundinger, City Clerk
                                 933 Terrace Street, Muskegon, Ml 49440
                                  (231) 724-6705 or TDD (231) 724-6773
                      SPECIAL ASSESSMENT                                  H 1592
    RECONSTRUCTION                  HEARING DATE        FEBRUARY 8, 2005

              CLAY AVE.,TERRACE ST. TO SPRING ST.
1                    CZM PROPERTIES LLC            ASSESSABLE FEET:                      66
24-205-175-0017-00   6321 SILVERTON DR             COST PER FOOT:                $32.00
@ 820.0    TERRACE S MUSKEGON       Ml 49444       ESTIMATED P.O. COST:   I   $2,112.oo 1




2                      VERIZON INC                 ASSESSABLE FEET:                    132
24-205-175-0018-00     P 0 BOX 152206              COST PER FOOT:                $32.00
@ 118.0 W CLAY AVE     IRVING         TX 75015     ESTIMATED P.O. COST:   I   $4,224.oo          1




3                      TAGHON DAVID                ASSESSABLE FEET:                  28.5
24-205-175-0020-00     2570 NESTROM RD             COST PER FOOT:                $32.00
@ 98.0 W CLAY AVE      MUSKEGON      Ml 49445      ESTIMATED P.O. COST:        $.:..._9_1_2._00_.1
                                                                          L l_ _




4                      MCDERMOTT WM/DENISE         ASSESSABLE FEET:                51.79
24-205-175-0020-10     2278 SOUTHWOOD              COST PER FOOT:                $32.00
@ 789.0    PINE ST     MUSKEGON     Ml 49441       ESTIMATED P.O. COST:   I   $1,657.28          1




5                      WITT LEE A                  ASSESSABLE FEET:                      66
24-205-17 4-0009-00    1501 RUDDIMAN DR            COST PER FOOT:                $32.00
@ 790.0     PINE ST    MUSKEGON      Ml 49445      ESTIMATED P.O. COST:   I   $2.112.0o 1




6                      WITT LEE A                  ASSESSABLE FEET:                    132
24-205-174-0011-00     1501 RUDDIMAN DR            COST PER FOOT:                $32.00
@ 28.0 E CLAY AVE      MUSKEGON      Ml 49445      ESTIMATED P.O. COST:   I   $4,224.oo 1




7                   VERIZON INC                    ASSESSABLE FEET:                      80
24-205-176-0006-00  P 0 BOX 152206                 COST PER FOOT:                $32.00
@ 860.0    TERRACES IRVING         TX 75015        ESTIMATED P.O. COST:   I   $2,56o.oo          1




2/1/2005                                                                      Page 1 of 3
   RECONSTRUCTION                  HEARING DATE        FEBRUARY 8, 2005

              CLAY AVE.,TERRACE ST. TO SPRING ST.
8                     THE JILLIAN & JORDAN LLC    ASSESSABLE FEET:                         74
24-205-176-0005-00    675 RICHMOND NW             COST PER FOOT:                     $32.00
@ 121.0 W CLAY AVE    GRAND RAPIDS Ml 49504       ESTIMATED P.O. COST:   I        $2,368.oo      1




9                     VERIZON INC                 ASSESSABLE FEET:                      65.5
24-205-176-0004-00    P 0 BOX 152206              COST PER FOOT:                     $32.00
@ 111.0 W CLAY AVE    IRVING           TX 75015   ESTIMATED P.O. COST:   I        $2,o96.oo      1




10                    NOORDYK WILLIAM             ASSESSABLE FEET:                      44.5
24-205-176-0003-00    2700 KENOWA NW              COST PER FOOT:                     $32.00
@ 103.0 W CLAY AVE    GRAND RAPIDS Ml 49544       ESTIMATED P.O. COST:   I        $1,424.oo      1




11                    VERIZON INC                 ASSESSABLE FEET:                         38
24-205-176-0002-00    P 0 BOX 152206              COST PER FOOT:                     $32.00
@ 97.0 W CLAY AVE     IRVING         TX 75015     ESTIMATED P.O. COST:   I        $1 ,216.oo     1




12                    VERIZON INC                 ASSESSABLE FEET:                      30.8
24-205-176-0001-00    P 0 BOX 152206              COST PER FOOT:                    $32.00
@ 91.0 W CLAY AVE     IRVING         TX 75015     ESTIMATED P.O. COST:   c _ l_   _$c_9_85_.6_0-'I




13                    VERIZON INC                 ASSESSABLE FEET:                      31.6
24-205-176-0001-10    P 0 BOX 152206              COST PER FOOT:                     $32.00
@ 85.0      PINE ST   IRVING           TX 75015   ESTIMATED P.O. COST:   I        $1,o11.2o      1




14                    PERRI ALFRED J TRUST        ASSESSABLE FEET:                      84.6
24-205-177-0005-00    794 PINE ST                 COST PER FOOT:                     $32.00
@ 794.0     PINE ST   MUSKEGON       Ml 49441     ESTIMATED P.O. COST:   I        $2,7o7.2o      1




2/1/2005                                                                          Page 2 of 3
   RECONSTRUCTION                          HEARING DATE         FEBRUARY 8, 2005

                CLAY AVE.,TERRACE ST. TO SPRING ST.
15                         NW MILL REAL ESTATE LLC         ASSESSABLE FEET:                 61.8
24-205-177-0004-00         820 PINE                        COST PER FOOT:                 $32.00
@ 43.0 W CLAY AVE          MUSKEGON       Ml 49442         ESTIMATED P.O. COST:   I    $1,977.60     1




16                         JOLMAN JOHN W/KATHY J TRU       ASSESSABLE FEET:                   33
24-205-177-0003-00         2552 WHITE                      COST PER FOOT:                 $32.00
@ 39.0 W CLAY AVE          MUSKEGON          Ml 49444      ESTIMATED P.O. COST:   I    $1,o56.oo     1




17                         PRI-PER INVESTMENTS             ASSESSABLE FEET:                  132
24-205-177-0001-00         794 PINE                        COST PER FOOT:                 $32.00
@ 25.0 E CLAY AVE          MUSKEGON       Ml 49442         ESTIMATED P.O. COST:   I    $4,224.oo     1




SUM OF ASSESSABLE FOOTAGE:              1152.09    SUM OF ESTIMATED P.O. COST:        $36,866.88     I
TOTAL NUMBER OF ASSESSABLE PARCELS         17.00




2/1/2005                                                                               Page 3 of 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
                                                  111;-Jfi)
        Property Address:                          l2!!:l:PINE ST
        Parcel Number                              24-205-175-0020-10
        Assessable Frontage:                       51.79            Feet

       Estimated Front Foot Cost:                  $32.00           per Foot

       ESTIMATED TOTAL COST                       $1,657.28
       Property Description
       CITY OF MUSKEGON


{
       REVISED PLAT OF 1903
       E 103FT ?IN LOT 20 BLK 175
                                                                               City Clerks Oi:;


                                            Your vote COUNTS!

        Please vote either in favor or opposed to the Special Assessment Street Paving Project.

              I AM IN FAVOR         IK1                ''~   '- '          I AM OPPOSED    D
    Owner        CJ      ~......- ~~oOwner/Spouse                          ------------
    Signature   t.L_ft_..._ $ ~~                       Signature

    Address       2 'J 2 flr...,.c .Sr-                Address
                                                                                                   4
            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:                         820 TERRACE ST
    Parcel Number                             24-205-175-0017-00         -------~ --   .

    Assessable Frontage:                      66          Feet

   Estimated Front Foot Cost:                 $32.00      per Foot

   ESTIMATED TOTAL COST                      $2,112.00
   Property Description
   CITY OF MUSKEGON
   REVISED PLAT OF 1903
   LOT 17 BLK 175


                                                   ~~·


                                      Your vote COUNTS!

    Please vote either in favor or opposed to the Special Assessment Street Paving Project.


          I AM IN    FA~_OR   crJ
                              -
                          ) I(L
                                                                  I AM OPPOSED             D
Owner                  •                   CoOwner/Spouse

Signature                                          Signature
                                                                 ---------------------
Address                                            Address

        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:                          121 W CLAY AVE
    Parcel Number                              24-205-176-0005-00                          --~   ...

   Assessable Frontage:                        74          Feet

   Estimated Front Foot Cost:                  $32.00      per Foot

   ESTIMATED TOTAL COST                       $2,368.00
   Property Description
   CITY OF MUSKEGON
   RIVISED PLAT OF 1903
   NL Y 66 FT LOT 5 BLK 176




                                       Your vote      UNTS!

    Please vote either in favor or opposed to If..    Jecial Assessment Street Paving Project.


                                                                  I AM OPPOSED      IX I
                                     /!jo-rCoOwner/Spouse - - - - - - - - - - - - -
                                                     Signature

Address
                                            '1'7.s'c '/
         Thank you for taking the time to vote on this important issue.                            8
                                     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:                                 790 PINE ST
Parcel Number                                     24-205-17 4-0009-00
Assessable Frontage:                              66          Feet

Estimated Front Foot Cost:                        $32.00      per Foot

ESTIMATED TOTAL COST                              $2,112.00
Property Description                                                           ,, .
CITY OF MUSKEGON
REVISED PLAT OF 1903
N 34FT LOT 8 & ENTIRE LOTS 9 & 10 BLK 174




                                            Your vote COUNTS!

 Please vote either in favor or opposed to the Special Assessment Street Paving Project.

      lAM IN FAVOR         D.·                                        I AM OPPOSED    D
                                                CoOwner/Spouse

                                                       Signature
                                                                     ---------------------
                                                       Address

     Thank you for taking the time to vote on this important issue.                        5
                                           SPECIAL ASSESSMENT
                                      HEARING RESPONSE CARD
    NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vole 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:                                  28 E CLAY AVE
    Parcel Number                                      24-205-17 4-0011-00
    Assessable Frontage:                               132         Feet

    Estimated Front Foot Cost:                         $32.00      per Foot

   ESTIMATED TOTAL COST                                $4,224.00
                                                                                 r-' T.··
                                                                                 \
    Property Description
   CITY OF MUSKEGON
   REVISED PLAT OF 1903
   LOTS 11 TO 141NCL BLK 174




                                                 Your vote COUNTS!

    Please vote either in favor or opp_9sed to the Special Assessment Street Paving Project.


                                                                                            D
                                             /


          I AM IN   FAVO~~                                                I AM OPPOSED


Owner                i_   &.[.:;::   lA_)\ r-'7·--   CoOwner/Spouse

Signature       c+;it{Jt              }IJ ·---               Signature - - - - - - - - - - - -
                  ~Cg_     J

Address

        Thank you for taking the time to vote on this important issue.                          6
                                                         H-1592, W-666, S-601 CLAY AVE. TERRACE ST. to SPRING ST.

                                                        PROPERTY OWNER SPECIAL ASSESSMENT RESPONSE TABULATION




                                      FEET            PEBCENTAGE                                                 TOTAL NUMBER OF PARCELS -17
                                                                                            FOR                                                       OPPOSE
                                                                    LETTER#    ST#    STNAME            PARCEL#           FEET     LETTER# ST#   STNAME      PARCEL#          FEET

TOTAL ASSESSABLE FRONT FOOTAGE         1152.09 **""                     6      28      CLAVE        24~205-174-0011-00    132.00     8     121    CLAY   24-205-176-0005-00   74.00
                                                                        4      789      PINE        24-205-175-0020-1 0   51.79      3     98     CLAY   24-205-175-0020-00   28.50
FRONT FEET OPPOSED                      241.80          20.99%          5      790      PINE        24-205-174-0009-00    66.00      10    103    CLAY   24-205-176-0003-00   44.50
                                                                        1      820    TERRACE       24-205-175-0017-00    66.00      16    39     CLAY   24-205-177-D003-00   33.00
RESPONDING FRONT FEET IN FAVOR          315.79          27.41%                                                                       15    43     CLAY   24-205-177-Q004-00   61.80

NOT RESPONDING- FRONT FEET IN FAVOR     594.50          51.60%

TOTAL FRONT FEET IN FAVOR               91029           79.01%




                                                                     TOTALS                                               315.79                                              241.80




         TABULATED AS OF: 5:03PM                                                 2/8/2005 5:03 PM            TABULATION OF THE RESPONSES TO THE SP. ASS. HEARING ON CLAY AVE
Date:         Febmary 8, 2005
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Public Hearing
              Create Special Assessment District for:
              Park St., Laketon to Young




SUMMARY OF REQUEST:

To hold a public hearing on the proposed special assessment for the Park St., 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 attached resolution



COMMITTEE RECOMMENDATION:
                                    CITY OF MUSKEGON

                                  Resolution No. 2005-13(b)



              Resolution At First Hearing Creating Special Assessment District
                            For Park St., Laketon to Young
                   Location and Description of Properties to be Assessed:
                          See Exhibit A attached to this resolution


RECITALS:

1.   A hearing has been held on February 8, 2005 at 5:30 o'clock p.m. at the City
     Commission Chambers. Notice was given by mail and publication as required by law.

2.   That estimates of costs of the project, a feasibility report and valuation and benefit
     information are on file with the City and have been reviewed for this hearing.

3.   At the hearing held February 8, 2005, there were 88.03% objections by the owners of
     the property in the district registered at the hearing either in writing received before or at
     the hearing or by owners or agents present at the hearing, and the Commission has
     considered the advisability of proceeding with the project.

FINDINGS:

1.   The City Commission has examined the estimates of cost to construct the project
     including all assessable expenses and determines them to be reasonable.

2.   The City Commission has considered the value of the property to be assessed and the
     value of the benefit to be received by each property proposed to be assessed in the district
     after the improvements have been made. The City Commission determines that the
     assessments of costs of the City project will enhance the value of the properties to be
     assessed in an amount at least equivalent to the assessment and that the improvement
     thereby constitutes a benefit to the property.

THEREFORE, BE IT RESOLVED:

1.   The City Commission hereby declares a special assessment district to include the
     property set forth in Exhibit A attached to this resolution.

2.   The City Commission determines to proceed with the improvements as set forth in the
     feasibility study and estimates of costs, and directs the City Engineer to proceed with
     project design, preparation of specifications and the bidding process. If appropriate and
       if bonds are to be sold for the purposes of financing the improvements, the Finance
       Department shall prepare plans for financing including submission of application to the
       Michigan Department of Treasury and the beginning of bond proceedings.

3.     The City Commission hereby appoints a Board of Assessors consisting of City
       Commissioners Spataro and Warmington and the City Assessor who are hereby directed
       to prepare an assessment roll. Assessments shall be made upon front foot basis.

4.     Based on the City's Special Assessment policy and preliminary estimates it is expected
       that approximately 24.25% ofthe cost of the street improvement will be paid by special
       assessments.

5.     Upon submission ofthe special assessment roll, the City staff is hereby directed to notify
       all owners and persons interested in properties to be assessed of the hearing at which the
       City Commission will consider confirmation of the special assessment roll.

This resolution adopted.

Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, Spataro

Nays: None

                                            CITY OF MUSKEGON




                                            By LO. ~
                                                  Gail A. Kundmger, Cler




                                   ACKNOWLEDGMENT

This resolution was adopted at a meeting of the City Commission, held on February 8, 2005.
The meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.

                                            CITY OF MUSKEGON



                                            By   sDo.-tQ            ~
                                                  Gail A. Kundinger, Clerk
                               EXHIBIT A


                PARK STREET, LAKETON TO YOUNG

                  SPECIAL ASSESSMENT DISTRICT

All properties abutting that section of Park Street between Laketon & Young
SPECIAL ASSESSMENT DISTRICT FOR PARK STREET
              EXHIBIT "A"



          ~
       NO SCALE




     LAKETON A 11: {
                                                       r--~LAKETON   A11:




                                             VACA7ED




                                                                       -,
                                                              _jLJI

                       ASSESSMENT DISTRICT
                        AFFIDAVIT OF MAILING


STATE OF MICHIGAN      )
                       ) ss
COUNTY OF MUSKEGON )

TO CREATE A SPECIAL ASSESSMENT DISTRICT FOR THE FOLLOWING:

                    Park St. Young Ave. to Laketon Ave.

THE DEPONENT SAYS THAT THE NOTICE OF HEARING WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTY TO BE ASSESSED IN
THE SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE
LAST TAX ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY
MAILING SUCH NOTICE IN A SEALED ENVELOPE BY FIRST CLASS UNITED
STATES MAIL, WITH POSTAGE PREPAID, ADDRESSED TO EACH SUCH
OWNER OR PARTY IN INTEREST AT THE ADDRESS SHOWN ON SAID LAST
TAX ASSESSMENT RECORDS BY DEPOSITING THEM IN AN OFFICIAL
UNITED STATES MAIL RECEPTACLE ON THE 28TH DAY OF J NUARY 2005.




SUBSCRIBED AND SWORN TO BEFORE ME THIS
 ;._5-r;, DAY OF & iota 0        , 2005.
~          %1. tliu
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES   9 - (;(.S-t7 .b
                           ENGINEERING FEASIBILITY STUDY

                                                For

                                   Park St., Laketon to Young

The reconstruction of Park Street between Laketon & Young, see attached exhibit for location,
was initiated by the City and approved for over $159,000 of federal funds due to the conditions
of the pavement and drainage facilities as well as it's designation as a collector street. The
existing pavement has deteriorated to a level where, we believe, a total reconstruction is
necessary. The proposed improvements (reconstruction) consist of following;

I. Complete removal of existing pavement and replace with a new asphalt street section that
   would include curb & gutter on both sides (presently, only the east side has curbs) and a
   proposed width of3 7' back to back.
2. New section of sanitary sewer line

A memo Ji·om the Assessor's office, which addresses the appraisal and benefit information, is
attached.

The preliminary cost estimate for the work associated with paving is $270,000 with the length of
the project being approximately 1400 lineal feet (project length) or 2046'ofassessable footage.
This translates into an estimated improvement cost of $132 per assessable foot. The assessment
figure will be at a cost not to exceed $32.00 per assessable foot as established in the 2005 Special
Assessment Rates for this type of improvement
                                           MUSKEGON COUNTY
                                           M             c       H              G       A        N


        BOARD OF
   COMMISSIONERS

   Paul T. Baade, Chair
              District 10

    Bill Gill, Vice-Chair
                 District 8                                                   January 26, 2005
    Douglas A. Bennett        Mohammed Al-Shatel, City Engineer
              District ?      City of Muskegon
                              933 Terrace Street
     Charles L. Buzzell
              District 2      Muskegon, MI 49443

   James J. Derezinski
                              Mr. Al-Shatel:
             District 4       In accordance with your request, I have examined the proposed special assessment
       Marvin R. Engle        district entailing the reconstruction of Park Street between Young Avenue and
              District 5      Laketon Avenue. The purpose of this analysis is to document the reasonableness of
                              this special assessment district by identifying and quantifying any accrued benefits. It
    Louis A. McMurray
              District9       is subject to the normal governmental restrictions of escheat, taxation, police power
                              and eminent domain. The effective date is January 26, 2005.
        Robert Scolnik
            District 11       In conclusion, it is my opinion that the special assessment amounts justly and
                              reasonably represents the accrued benefits to the properties encompassed by this
        I. John Snider II
               District3
                              project. The amounts reflect the sum of the immediate estimated value enhancement
                              and the intrinsic value that will accme from an overall increase in property values due
      Nancy A. Waters         to an improved quality of life created by the proposed project. The proposed special
             Dislricl 6       assessment district encompasses primarily residential properties. The front foot rate of
Stephen A. Wisniewski         $32.00 for the reconstruction of the above mentioned project area appears reasonable
             District1        in light of an analysis that indicates a possible enhancement of $3 3.97. The conclusions
                              are based upon the data presented within this limited analysis in restricted format, and
                              on supporting information in my files.


                              Sincerely,


                              0~\l.~
                              Vicki A Emery, CMAE 3
                              Senior Appraiser




                 EQUALIZATION DEPARTMENT • 173 E. APP LE AVE., BUILD ING C • MUSKEGON, Ml 49442
                                      (231) 724-6386 • FAX (231) 724-11 29
                                                 TTY(23 1) 722-4103 •An EEOIADAIAA Employer
                                                                  recycled paper
January 28, 2005




OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE, OWNERS ZIPCODE                      1

The City of Muskegon is asking for your support for improvement of the street adjoining your
property located at PROPERTY ADDRESS.

The City of Muskegon believes that by making the proposed street improvements you will
have less road noise, dust, and wear and tear on your vehicle. In addition, street
improvements provide easier access for delivery of services such as snow plowing, mail
delivery, and bus service.

Called a special assessment district, the largest percentage of the proposed street
improvement will be paid for by the City of Muskegon (via local funds and or grants); however,
it will be necessary for you to cover a share of the cost (which you can spread over a period of
ten years) based on the amount of property you own bordering the street. A description of the
project, including the associated cost to you and the City, is located in the documents
attached to this letter.

While the City of Muskegon believes that the proposed improvements will result in a safer and
cleaner street while adding curb appeal to your property, you do have the right to ask further
questions or protest participation in this particular project. Please carefully review the
enclosed materials and call the City's Engineering Department at 724-6707 if you require
more information.

A public hearing is also scheduled for this project on JANUARY 25, 2005. If you attend this
public hearing you will be given an opportunity to make comments on the proposed special
assessment district to the commission.

Also located in this packet of materials is a Special Assessment Hearing Response Card. If
mailed back to the City of Muskegon City Clerk's Office before the scheduled public hearing
your vote will be added to the tabulation of votes during the public hearing. If you do not send
in this form your vote counts as "in favor" of the project.

Thank you for your participation in improving the quality of life in the Muskegon community.
January 28, 2005




OWNERS NAME
OWNERS ADDRESS
OWNERS CITY, OWNERS STATE OWNERS ZIPCODE 1


Parcel Number 24-XXX-XXX-XXXXX-XX: at PROPERTY ADDRESS & STREET

                  NOTICE OF HEARING ON SPECIAL ASSESSMENT

Dear Property Owner:

The Muskegon City Commission is considering whether or not to create a special
assessment district which would assess your property for the following paving project:

                    PARK ST.. YOUNG AVE. TO LAKETON AVE.
The proposed special assessment district will be located as follows:

            All parcels abutting Park St. from Young Ave. to Laketon Ave.
It is proposed that a portion of the above improvement will be paid by special
assessment against properties in the aforementioned district. Following are conditions
of the proposed special assessment which are important to you.

                                     Public Hearings

An initial public hearing to consider the creation of a special assessment district will be
held at the City of Muskegon City Commission Chambers on FEBRUARY 8, 2005 at
5:30P.M. You are encouraged to appear at this hearing, either in person, by agent or
in writing to express your opinion, approval, or objection concerning the proposed
special assessment. We are enclosing a Hearing Response Card for you to indicate
your agreement or opposition to the special assessment. This card includes the
property identification and description, assessable footage per City policy, and the
estimated cost of the assessment. You may also appear, as above, in lieu of, or in
addition to mailing your response card to the City Clerk. Written objections or
appearances must be made at or prior to the hearing. NOTE: THE SPECIAL
ASSESSMENT WILL BE CREATED OR NULLIFIED AT THIS HEARING. IT IS
IMPORTANT FOR YOU TO COMMENT AT THIS HEARING IF YOU WANT YOUR
OPINION COUNTED FOR THE SPECIAL ASSESSMENT.
  A second public hearing will be held, if the district is created, to confirm the special
  assessment roll after the project is completed. You will be mailed a separate notice for
  the second hearing. At this second hearing the special assessment costs will be spread
  on the affected properties accordingly. YOU ARE HEREBY NOTIFIED THAT YOU
  HAVE A RIGHT TO PROTEST YOUR ASSESSMENT AMOUNT AGAINST YOUR
  PARCEL EITHER IN WRITING OR IN PERSON AT THIS HEARING. IF THE SPECIAL
  ASSESSMENT ROLL IS CONFIRMED AT THE SECOND HEARING, YOU WILL HAVE
  THIRTY (30) DAYS FROM THE DATE OF CONFIRMATION OF THE ROLL TO FILE A
  WRITTEN APPEAL WITH THE MICHIGAN STATE TAX TRIBUNAL. HOWEVER,
  UNLESS YOU PROTEST AT THE INITIAL HEARING OR AT THE SECOND HEARING
  CONFIRMING THE ROLL, EITHER IN PERSON, BY AGENT, OR IN WRITING
  BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX
  TRIBUNAL WILL BE LOST.

  By City Charter, if the owners of more than one-half of the properties to be assessed
  shall object to the assessment in writing at or before the hearing, the improvement shall
  not be made unless the City Commission determines by affirmative vote of all its
  members that the safety or health of the public necessitates the improvement.

                                     Estimated Costs

  The total estimated cost of the street portion of the project is $270,000.00 of which
  approximately 24.25% ($65,481.60) will be paid by special assessment to property
  owners. Your property's estimated share of the special assessment is shown on the
  attached hearing response card. The remaining costs will be paid by the City.

  The street assessment, which covers improvements to the roadway, may be paid in
  installments over a period of up to ten (10) years. Any work on drive approaches or
  sidewalks will be assessed to the property at actual contract prices and these costs may
  also be paid in installments over ten (10) years. Please note this work is in addition to
  the street special assessment.

  Please refer to the enclosed sheet entitled Special Assessment Payment Options for
  more information on the payment options and financial assistance programs available.

  I urge you to return the enclosed hearing response card indicating your preference and
  to attend the scheduled public hearing. Your views are important to the City and to your
  neighbors. Additional information, including preliminary project plans and cost
  estimates is available in the Engineering Department located on the second floor of City
  Hall. Regular business hours are from 8:00A.M. to 5:00P.M. Monday through Friday
  except holidays.

  Sincerely,



~~)~• /L'- J;(t/:/!-1
  Mohammed AI-Shatel, P.E.
  City Engineer
                                    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 fold on the dotted lines so the address on the reverse side is
   showing. Be sure to seal the form with a srnall 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:                         PROPERTY ADDRESS & STREET
    Parcel Number                             24-XXX-XXX-XXXXX-XX
    Assessable Frontage:                      631.3       Feet

   Estimated Front Foot Cost:                 $32.00      per Foot

   ESTIMATED TOTAL COST                      $20,201.60
   Property Description
   CITY OF MUSKEGON
   SEC 31 T10N R16W
   E 1/2 OF NE 1/4 OF NW 1/4




                                       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      D
Owner                                      CoOwner/Spouse

Signature
              ----------------                    Signature
                                                                 -------------------
Address                                           Address

        Thank you for taking the time to vote on this important issue.
                                         CITY OF MUSKEGON
                             PARK ST, YOUNG AVE. TO LAKETON AVE.- H-1588
                         CDBG APPLICATION
                                -         FOR WAIVER OF SPECIAL ASSESSMENT

                                                   HOUSEHOLD INFORMATION

Name:            -·--                                               Birthdate:               _--~-Social     Security# _ _-_ _-_ _
Spouse:                                                    ~
                                                                    Birthdatc:                       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 Security # _ _-_ _-_ _
Name                                                                Birthdate                            Social Security # _ _-_ _-_ _
Name                                                                Birthdate                            Social Security#       -   -
                                                           INCOME INFORMATION

ANNUAL Household Income:                                        $                     Wage earner:
(Must include all household income)
                                                                                      Wage earner:

                                                                                      Wage earner:

                                                                                      Wage earner:

                                             Total:         $

                                                       PROPERTY INFORMATION

!'roof Of Ownership:        ( ) Deed       ( ) Mortgage               ( ) Land Contract

Homemvner's Insurance Co:                      -                                 -~   Expiration Date:

Property Taxes: ( ) Current ( ) Delinquent                    Year(s) Due
(Property taxes must be current to qualify and will be verified by CDBG staff)
                                                                                                               .
                                                           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 support of this application, is true 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 OFFICE USE ONLY
APPROVED ( )            DENIED ( )         DATE                       ·-   CENSUS TRACT NO.

SIGNATURE                    --                        -                    TITLE

COMMENTS/REMARKS
                                            **ATTENTION APPLICANT**
       Please see reverse side for instructions on providing proof of income, ownership, and property insurance.
                                                  CITY OF MUSKEGON
                                        PARK ST., YOUNG AVE. TO LAKETON AVE.
                                     REQUEST FOR WAIVER OF SPECIAL ASSESSMENT

 Note: You may receive this application several times- If you have already applied, please discard.
Dear Resident:
      The City of Muskegon has selected the street abutting your pro petty for repairs. To assist homeowners, who
      may have difficulty paying the cost of street repairs, the City offers assessment waivers through the Community
      Development Block Grant (CDBG) Program for eligible households and families. If you meet the CDBG
      program qualifications, the City may pay the street assessment for you to the extent that funds are available.
Application Requirements:
,r Applicants must submit proof that their total household income does not exceed 65% of Area Median
     Income (see chart below); Proof of income may include copies of Wage & Tax Statement (W-2's) fi·om the year
     2004, pension or other benefit checks, bank statements for direct deposits or agency statements for all household
     mcome.
                                                          2004
                                               165% MEDIAN HOUSEHOLD INCOME CHART I
                                                   FAMILY SIZE                 INCOME LIMIT

                                                          1                          $27,885
                                                          2                           31,850
                                                          3                           35,880
                                                          4                           39,845
                                                          5                           43,030
                                                          6                           46,215
                                                          7                           49,400
                                                          8                           52,585
                                                 For each extra, add                   3,185

,r Applicants must submit proof that they both own and occupy property at the time of application; Land
    Contract purchasers must obtain approval of titleholder prior to receiving assistance. Proof of ownership should be
    a deed, mmtgage, or land contract; proof of occupancy can be a copy of a driver's license or other official
    document showing both your name and address.

,r Applicants must submit proof of current property insurance.

Please complete the first four (4) sections of the application on the reverse side of this notice, and retum it, along with
supporting documentation, to:                        City of Muskegon
                                         Community & Neighborhood Services
                                             933 Terrace Street, 2nd Floor
                                                   Muskegon, Ml 49440
For further information, please contact this office by calling 724-6717, weekdays from 8:30a.m. and 5:00p.m.
The City reserves the right to ver(fy all application il?/(>rmation, 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 Cleri<D (),
   CITY OF MUSKEGON
   SEC 31 T10N R16W
   E 1/2 OF NE 1/4 OF NW 1/4




                                       Your vole COUNTS!

    Please vote either in favor or opposed to the Special Assessment Street Pavi~l.

          I AM IN FAVOR        D                                      I AM OPPOSED      ~
Owner                                         CoQwner/Spouse
              ~~~~~~~~~~~_;c¥s                                       -------------------------
Signature                                              Signature

Address
              ~~~=+<~~V<Ju·                     l'tLry<jAddress
                                        "'" ?f.'(,c'

        Thank you for taking the ti    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:           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
.Ji<.          this special assessment project, sign the form and return it to the City Clerk's Office. To
        · \ retyrn this card by mail, simply fold on the dolied line5 so the address on the reverse side is


          l
               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
           , 1 PROJECT.
              Assessment Information
            Property Address:                             1956 PARK ST
            Parcel Number                                 24-290-001-0001-10
            Assessable Frontage:                          99          Feet

            Estimated Front Foot Cost:                    $32.00      per Foot

            ESTIMATED TOTAL COST                          $3,168.00
            Property Description
           CITY OF MUSKEGON
           ERWIN & KEATINGS ADDITION
           PART OF BLK 1 & VAG ST & ALLEY
           COM AT NW COR LOT 1
           THS66FT
           THE 280FT

                                                    Your vole 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
                      ~~~---~L-.~.~-------                                   -------------------------
        Signature                       '"0'?1~-L              Signature

        Address                     P;re 1::- '5/              Address

                 Thank you for taking the time to vote on this impottant issue.                          6
                                    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 matl, simply told on !he dmied iines so ihe addre:s:s on the revt::rse ->ide 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·u,L4f    I"~   p;(,         Address
            /Jt Uf:. { t=: •J{)t,/,/V//·. i:.f'/V¥1                                            7
        Thank you for taK1ng'the time to vote on this important issue.
Feb 08 05 12:28p                John Jolman                              231-773-7687                      p. 1
 Feb-OB-06 11,69                                                                                         P.02


                                      SPECIAL ASSESSMENT
                                  HEARING RESPONSE CARD
       NO RESPONSE COUNTS AS "IN FAVOR" OF PROJECT-To have your vote count. please

                            Retum 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 lo 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 F'AVOR" OF
       PROJECT.
       Assessment Information
       Property Address:                           39 W CLAY AVE
       Parcel Number                               24·205-177 -0003-00
       Assessable Frontage:                        33          Feet
       Estimated Front Foot Cost:                  $32.00     per Foot

       ESTIMATED TOTAL COST                       $1,056.00                          RECEIVED
                                                                                 CITY OF MUSKEGON
       Property Descrjpljon
      CITY 0~ MliSKEGON '
      REVISEOPU\TOf 1903
      E J/2LOT 3 Al.K 171
                                                                               L FEB        08 2005
                                                                               ENGINEERING DEPARTMENT


                                          Your vote COUNTS!
       Please vote either in favor or opposed to the Special Assessment Street Paving Project.

            I AM IN PAVOR       D                                     I AM OPPOSED     tKJ
  Owner                                         CoOwner/Spouse                     jl> \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<c.<--t\on                                                     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.

        CONSULT ANT'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:\Pianning\CLARKE\WORD\Site Assessment.Professional Agt Revised 1.31.05.doc
         The parties have executed this Agreement and it is made effective on                     this~ day of
Ji/.;fl.LJJ['T-' 20~




                                                  HORIZON ENVIRONMENTAL CORPORATION

                                                  By~,./-'-"'~'-'-""---'----h-=-·_j+-;f'f
                                                                                        6--,--·
                                                                                             ··,---'-'...-.--:------,---:




                                                      Charlene A. McGu               Its Managing Principal

                                                  By¥~ r;:Q~
                                                       William T. Davidson, Project Manager




F:\Bdavidson\PROJECTS\Muskegon\PSA-Muskegon.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 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 of Muskcgon\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 othetwise.

          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 of labor 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 Jaws 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 02-07-0S.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 Jist 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\Muskcgon 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 Tenns 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 CONSULT ANT. 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\Muskcgon 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\Muskcgon Brownfield Contract 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 02-07-0S.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 Gmnt\Muskegon Brownfield Contract 02-07-05.doc
                                CITY COMMISSION MEETING

                                        February 8, 2005


TO:            Honorable Mayor and City Commissioners

FROM:          Karen Scholle, Civil Service Personnel Director

DATE:          February 1, 2005

RE:            Seasonal and Temporary Services Provider Contract


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.

COMMITTEE 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 a working out
      agreement terms acceptable to the City Attorney.
 TO:            Mayor Warmington and City Commissioners

 FROM:          Karen Scholle, Civil Service Personnel Director

 DATE:          February 1, 2005

 RE:            Seasonal and Temporary Services Provider RFP Summary & Recommendation


The RFP was prepared and mailed to area employment services providers:

         GoodTemps, 765 W Norton, Muskegon, Ml 49441
         Labor Ready, 2518 Henry Street, Muskegon, Ml 49441
         MANPOWER; 20 W Muskegon Avenue; Muskegon, Ml 49440
         Kelly Services, 1848 E Sherman Blvd., Muskegon, Ml 49444

Bids were due and opened at 2:00p.m: on Tuesday, February 1, 2005. Prior to this, the current
contract holder, Kelly Services, submitted a letter declining to bid on the contract.

The RFP public notices placed in The Muskegon Chronicle, as required, also yielded bid
package requests from:

         MOKA, 3391 Merriam, Muskegon, Ml 49444
         Professional Search, 521 Cambridge, Muskegon, Ml 49441
         Troy Tech Services, Inc., 1000-3 Mile Rd NW, Grand Rapids, Ml 49544

The bids were due and opened at 2:00 p.m. on Tuesday, February 1, 2005, in the City Clerk's .
office. Completed bid packages were received from:

       GoodTemps.
       MANPOWER
       Troy Technical Services, Inc.

Copies of the three bidder's proposal sheets are attached.

GoodTemps submitted the low bid. Having met with them, and per input from involved
supervisors and department heads, it is recommended that the seasonal and temporary
services provider contract for 2005-2007 be awarded to GoodTemps.
                                   CERTIFICATION OF QUOTATION


          I certify that this quote is made without prior understanding, agreement, or connection with
 any corporation, finm, or person submitting a quotation /Or the ·same. materials, supplies,
 equipment, or service.
          I certify that this quote meets or exceeds all of the specifications contained herein, and is
 in all respects fair and without collusion or fraud.
         I understand collusive quoting is a violation of state and federal law and can result in fines,
 prison sentences, and civil damage awards.
        I agree to abide by all conditions of this quotation and certify that I am authorized to sign
for the bidder.



BidderName         GaadTemps, Inc.


Address            765 W. Norton Avenue


                  Muskegon,




Printed Name      Ric.bo...O:::::I. si CC\ C l-::on
Title             President & CEO


Date Certified    2 - t- 0 5
               -------------------------------------------
 The City of Muskegon also is seeking bids for temporary employment services for seasonal help
 for the following job classifications Uob descriptions attached):

As the City of Muskegon is a Drug-Free Workplace Employer, all temporary workers must pass a
5-panel nida-like drug screen (non-DOT). Please be certain to include the cost of the drug screen
in your bid.

                                                   City Provides PPE*:    Bidder Provides PPE*:
                                                      %of Entry               %of Entry
       Classification                              Level Hourly Rate*      Level Hourly Rate ••

1.     Leisure Services:
       Seasonal Maintenance Worker                    33%                     33.5%
       (41 requisitions in 2001)
       (41 requisitions in 2002)
       (45 requisitions in 2003)
       (35 requisitions in 2004)

2.     Public Works:
       Seasonal Maintenance Worker                    33%                    33·. 5%
       (11 requisitions in 2001)
       ( 9 requisitions in.2002)
       (11 requisitions in 2003)
       ( 10 requisitions in 2004)


Personal Protective Equipment (PPEl Requirements for Seasonal Workers:
      High visibility Class 2 safety vest
      Hardhat
      Leather palm gloves
      Z87.1 safety glasses with hard side shields
      Hearing protection
      Face shield (if requested by Leisure Services employees)
      Particle mask
                                         QUOTATION SUMMARY

 The City of Muskegon is seeking bids for temporary employment services on an "as-needed"
 basis for the following job classifications Uob descriptions are attached):

As the City of Muskegon is a Drug-Free Workplace Employer, all temporary workers must pass a
5-panel nida-like drug screen (non-DOT). Please be certain to include the cost of the drug screen
in your bid.

                                                           City Referral:*     Bidder Referral:**
                                                            %of Entry           %of Entry
         Classification                                   Level Hourlv Rate   Level Hourly Rate

1.      Customer Service Representative I***
        (36 requisitions in 2001)
        (20 requisitions in 2002)
        (4 requisitions in 2003)                                24%               25%
        (3 requisitions in 2004)



*City identifies and refers a candidate to the bidder for employment.
**Bidder provides candidate through its own resources.

***Formerly Account Clerk
                                   CERTIFICATION OF QUOTATION


         I certify that this quote is made without prior understanding, agreement, or connection with
 any corporation, firm, or person submitting a quotation for the same materials, supplies,
 equipment, or service.
         I certify that this quote meets or exceeds all of the specifications contained herein, and is
 in all respects fair and without collusion or fraud.
         I understand collusive quoting is a violation of state and federal law and    ~n   result in fines,
 prison sentences, and civil damage awards ..
         I agree to abide by all conditions of this quotation and certify that I am authorized to sign
for the bidder.



Bidder Name               MANPOWER, INC.        (JDM and Associates dba/Manpower Temporary Services')


Address, __________~2~0~W~·~M~u~s~k~e~g~o~n~A~v~e~n~u~e_____________________________


                          Muskegon, Michigan 49440-1317


Signature.________________________________________________________


Printed Name.________!A:!ln11n!,!;eCJ.t~t£e~w~.~J-"a"'-c;;k______________________________


Title,______________~D:!.!i'-"sc=t.±.r.±.ic~t=-..!:M!;;a~n""a~er,__________________________________


Date Certified,____--=ZL/"-'1/ ' - ' 0 " ' 5 ' - - - - - - - - - - - - - - - - - - - - - - -
The City of Muskegon also is seeking bids for temporary employment services for seasonal help
for the following job classifications Uob descriptions attached):

As the City of Muskegon is a Drug-Free Workplace Employer, all temporary workers must pass a
5-panel nida-like drug screen (non-DOT). Please be certain to include the cost of the drug screen
in your bid.

                                                   City Provides PPE*:    Bidder Provides PPE*:
                                                      %of Entry               %of Entry
       Classification                              Level Hourly Rate*      Level Hourly Rate**

1.    Leisure Services:
      Seasonal Maintenance Worker                      1.34                    1.367
      (41 requisitions in 2001)
      (41 requisitions in 2002) ·
      (45 requisitions in 2003)
      (35 requisitions in 2004)

2.    Public Works:
      Seasonal Maintenance Worker                      1.335                   1.36
      (11 requisitions in 2001)
      ( 9 requisitions in 2002)
      (11 requisitions in 2003)
      (10 requisitions in 2004)


Personal Protective Equipment (PPE\ Requirements for Seasonal Workers:
      High visibility Class 2 safety vest
      Hardhat
      Leather palm gloves
      Z87.1 safety glasses with hard side shields
      Hearing protection
      Face shield (if requested by Leisure Services employees)
      Particle mask
                                         QUOTATION SUMMARY

 The City of Muskegon is seeking bids for temporary employment services on an "as-needed"
 basis for the following job classifications Gob descriptions are attached):

As the City of Muskegon is a Drug-Free Workplace Employer, all temporary workers must pass a
5-panel nida-like drug screen (non-DOT). Please be certain to include the cost of the drug screen
in your bid.

                                                           City Referral:*     Bidder Referral:**
                                                            %of Entry           %of Entry
         Classification                                   Level Hourly Rate   Level Hourlv Rate

1.      Customer Service Representative I***
        (36 requisitions in 2001)
        (20 requisitions in 2002)
        (4 requisitions in 2003)                              1.29                1.32
        (3 requisitions in 2004)



*City identifies and refers a candidate to the bidder for employment.
**Bidder provides candidate through its own resources.

***Formerly Account Clerk .
                                             CERTIFICATION OF QUOTATION


               I certify that this quote is made without prior understanding, agreement, or connection with
   · any corporation, firm, or person submitting a quotation for the same materials, supplies,
     equipment, or service.
              I certify that this quote meets or exceeds all of the specifications contained herein, and is
    in all respects fair and without collusion or fraud.
             I understand collusive quoting is a violation of state and federal law and can result in fines,
   prison sentences, and civil damage awards.
             I agree to abide by all conditions of this quotation and certify that I am authorized to sign
   for the bidder.



  BidderName,____T_r_o~y__T~e_c~h__
                                  Se_r~v~.i~c~e~s~,-=I~n~c~.--~--------------------~------


 Address,________I_o_oo__3__M_i_l_e_RD
                                    ___NW
                                        ______________________________________


                        Grand Rapids, in 49544


                           . tl;~ __::fl-
 Signature._________::____________
                                   //-
                                    __________________,--------,-----------
Printed Name,____::C~h.:!r:.:i:;:s~R:....O!G~u=:is"-'-,~C'-"P~C'-------------------'-----------------------


Title,__________:_S~en~J=-·-o~r:._:T:..:e:..:a:::m:....:::L:::e:::ad=-e:..:r:______________________________________

                   1/25/200.4
Date Certified,________-'-.___________________________________________
      The City of Muskegon also is seeking bids for temporary employment services for seasonal help
      for the following job classifications Qob descriptions attached):

   As the City of Muskegon is a Drug-Free Workplace Employer, all temporary workers must pass a
   5-panel nida-like drug screen (non-DOT). Please be certain to include the cost of the drug screen
   in your bid.

                                                      City Provides PPE*:    Bidder Provides PPE*:
                                                         %of Entry               %of Entry
            Classification                            Level Hourly Rate*      Level Hourly Rate**

  1.        Leisure Services:
                                                          1. 40                1.45
            Seasonal Maintenance Worker
           (41 requisitions in 2001)
           (41 requisitions in 2002)
           (45 requisitions in 2003)
           (35 requisitions in 2004)

 2.         Public Works:
           Seasonal Maintenance Worker                  1.40                  1.45
           (11 requisitions in 2001)
           ( 9 requisitions in 2002)
           (11 requisitions in 2003)
           (10 requisitions in 2004)


. Personal Protective Equipment {PPEl Requirements for Seasonal Workers:
        High visibility Class 2 safety vest
        Hardhat
        Leather palm gloves
        Z87.1 safety glasses with hard side shields
        Hearing protection
        Face shield (if requested by Leisure Services employees)
       Particle mask
                                           QUOTATION SUMMARY

  The City of Muskegon is seeking bids for temporary employment seNices on an "as-needed"
  basis for the following job classifications Qob descriptions are attached):

 As the City of Muskegon is a Drug-Free Workplace Employer, all temporary workers must pass a
 5-panel nida-like drug screen (non-DOT). Please be certain to include the cost of the drug screen
 in your bid.

                                                            City Referral: •    Bidder Referral:**
                                                             %of Entry           %of Entry
         Classification                                    Level Hourlv Rate   Level Hourly Rate ·

 1.     · Customer SeNice Representative I***
          (36 requisitions in 2001.)
          (20 requisitions in 2002)
          (4 requisitions in 2003)                           1.38               1.43
         (3 requisitions in 2004)



*City identifies and refers a candidate to the bidder for employment.

**Bidder provides candidate through its own resources.

***Formerly Account Clerk
                                                                                                         oi'od,:,-- /'I (6)
                                                                                                        o!-J-o_s-



 M.USK~E<~;Q~
 . { i
                I   ,



  t..   ~:     1



                                       CITY OF MUSKEGON
                         CONTRACT FOR TEMPORARY EMPLOYMENT SERVICES

          This Agreement is effective on this 2.'B~day of t\~                           ,
                                                                      2005, between City of
 Muskegon, a Michigan municipal corporation, of 933 Terrace Street, Muskegon, MI 49443 ("City"),
 and, Good Temps, of765 W. Norton Avenue, Muskegon, MI 49441 ("Contractor"), with reference
 to the following facts:
                                               Background


         A.     City requested sealed bid proposals from temporary staffing service providers to
provide temporary employees to City within the Parks, Cemetery and Highway Departments, as well
as to provide general office and clerical services, and other areas within the City as deemed necessary
by City.

         B.      Contractor submitted a bid proposal to provide contract help for temporary work for
the City, on an as needed basis, in the Parks, Cemetery and Highway Departments, general office and
clerical services, and other areas as deemed necessary by City.

             Therefore, the parties agree as follows:

         I.      Inclusion of Additional Agreements. This Agreement includes, but may not be
limited to the following:

                        a.       Invitations to bid, instructions to bidders and the pre-bid conference with
minutes;

               b.      All descriptions of services not included in this Agreement but used in
connection with the bidding process;

              c.      The bid proposal and any requirement included with or attached to the bid
documents and this Agreement; and

                        d.       Any specifications used in connection with this Agreement.

This Agreement, together with the documents described above, constitutes the Agreement between
the pmties and shall be considered as part of the Agreement as if attached or repeated herein.

In the event that there are inconsistencies within the Agreement, the Contractor shall immediately
notify the City, in writing, for a determination, interpretation, clarification and/or prioritization of the
inconsistencies.




\\M uskdata \Data \CIVIL \COMMON\ W0 RD\Forms \Tern pC'ont met tfomSchrifRevised. DOC
        2.     Services. Contractor shall provide the following services relating to providing
 temporaty employees for the above listed services.

                a.       Pre-employment Selection. Subsequent to City identifying a candidate for
 temporaty employment, Contractor to review the credentials of each employee assigned to the City to
 confirm employee's ability to accomplish the essential functions of the position for which they will
 be assigned. City shall also have the right to review each employee's credentials and verify the
 employee's suitability for the assigned position. The City shall have the right to reject use of an
 employee in the event City finds the employee unfit for the position assigned.

                 b.     Background Screening. Contractor shall perform applicable criminal and
 driving record background checks on each employee assigned to the City of Muskegon. Any
 additional background checks will be accomplished with the assistance of the City.

                c.           Drug Screening Program. Contractor shall perfmm drug screens on all non-
 clerical employees.

      3.       Eauioment. Contractor shall supply all safety equipment mandated for its
employees while on assignment with the City of Muskegon. The issue and expense of this
equipment will be the responsibility of Contractor. Equipment includes:

                   a.       Hard Hats;
                   b.       Hearing Protection;
                   c.       Safety Glasses;
                   d.       Steel Toed Shoes/Boots;
                   e.       Protective Gloves;
                   f.       Rain Poncho; and
                   g.       Other safety equipment as required by applicable local, state and federal laws.

       4.       Expenses. Contractor shall be responsible to pay for all expenses incurred by
Contractor related to the performance of its duties under this Agreement and for all compensation
owed to its workers.

       5.       Contract Price. City agrees to pay Contractor, in full consideration for the complete
performance of Contractor's obligations under this Agreement, the amount set forth in the
Contractor's bid proposal and documents described in paragraph I.

         6.        Assignments. Work assignments are determined on an as needed basis.

      7.      Work Orders. Work orders shall be submitted by City on a daily, weekly or in an
emergency or as needed basis.

        8.     Payment.              Requests for payment shall be submitted on a detailed invoice to the
City on a weekly basis.

      9.       Specific Reservations. City reserves the right to discontinue its use of temporary
employees as it determines appropriate.




\\Muskdata\Data\CIVIL\COMMON\WORD\Forms\TcmpContracttfomSchri2Rcvised.OOC
         10.      Terms and Termination. This Agreement shall be effective beginning February I,
 2005, and shall remain in full force and effect December 31, 2007, with an option to renew on a
 yearly basis if mutually agreed upon by both parties.



           II.      Commencement and Damages.

               a.       Commencement. Contractor shall commence performance under this
 Agreement no later than the time set forth in the Agreement.

                b.       Damages. In the event that Contractor fails to commence performance at the
specified time and is in default of the Agreement, Contractor shall pay to the City the sum of$200
for each and evety calendar day that the Contractor is in default. The amount of damages shall not
be construed as a penalty, but to ensure the City's ability to provide substituted services and costs
associated with that default. Damages shall be determined by the City after investigation by the City.
Damages shall be deducted from payment.

                c.     Violations. Following Contractor's commencement of performance of this
Agreement, City shall notify Contractor of each violation of the Agreement reported to City. It shall
be the duty of Contractor to remedy the cause of the complaint. Failure of Contractor to take
remedial measures shall be considered a breach of the Agreement, and for the purpose of computing
damages under the provisions of this section, it is agreed that City may deduct from payments due or
to become due to Contractor the City's cost to remedy or substitute performance.

Failure to perform pursuant to this Agreement for a period in excess of three (3) consecutive,
scheduled, working days, or failure for a similar period, to perform in the manner required, and
provided such failure is not a result of war, insu!1'ection, riots, or acts of God, the City may, at its
option and after written notice to Contractor, utilize any or all of Contractor's equipment used in
performance of this Agreement until such time the matter is resolved and the Contractor is
performing under the tetms of the Agreement.

Any and all expenses incu!1'ed by City during such time may be deducted from payments due or to
become due to Contractor.

Should Contractor be unable to resume perfonnance at the close often (I 0) calendar days, all
liability of the City under this Agreement shall cease and City shall be free to negotiate with other
contractors for the performance of work. Any contract thereby entered into with another contractor
shall not release Contractor from liability to City for breach of this Agreement.

               d.       Appeal. The City's determination shall be final and binding on both parties,
unless appealed, in writing to the City Manager or his designee within ten (I 0) working days after
notice. The City Manager or his designee shall grant Contractor an infmmal hearing upon such
request. The decision of the City Manager shall be final and binding.

                 e.      Waiver. City may waive all or any portion of damages without prejudicing
its rights under this Agreement.




\\Muskdata\Data\CIVIL\COMMON\WORD\FOims\TcmpContractlfomSchri:fRevised.DOC
             12.       Insurance and Indemnity.

                  a.     Hold Harmless Agreements. To the fullest extent petmitted by law,
 Contractor agrees to defend, pay in behalf of, indemnify, and hold hmmless the City, its elected and
 appointed officials, employees, volunteers, and others working on behalf of the City against any and
 all claims, demands, suits, or losses, including all costs connected therewith, and for any damages
 which may be asserted, claimed or recovered against or from the City, its elected and appointed
 officials, employees, volunteers, or others working on behalf of the City, arising out of actions by the
 contractor or its employees within the scope of their employment. The obligation to defend and hold
 harmless extends to City's employees, agents, subcontractors, assigns and successors.

                  b.      City Insurance Requirement. Contractor shall not commence work under
 this contract until obtaining the insurance required under this paragraph. All coverages shall be with
 insurance companies licensed and admitted to do business in the State of Michigan and Best Rated A
 VIII. All coverage shall be with insurance carriers acceptable to City.

                  c.       Workers' Compensation Insurance. Contractor shall procure and maintain
 during the life of this contract, Workers' Compensation Insurance in an amount not less than
 $1,000,000, including Employers Liability Coverage, in accordance with all applicable Statutes of
 the State of Michigan.

                  d.       Vehicle Liability Insurance. Contractor shall procure and maintain during
the life of this contract, Vehicle Liability Insurance, in accordance with all applicable Statutes of the
State of Michigan.

                 e.      Commercial General Liability Insurance. Contractor shall procure and
maintain during the life of this contract, Commercial General Liability Insurance on an "Occurrence
Basis" with limits of liability not less than $1,000,000 per occurrence and/or aggregate combined
single limit, Personal Injury, Bodily Injury and Property Damage. Coverage shall include the
following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C)
Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent; (E)
Deletion of all Explosion, Collapse and Underground (SCU) exclusions, if applicable.

                 f.     Additional Insured. Commercial General Liability Insurance, as described
above, shall include an endorsement stating the following shall be "Additional Insureds": The City,
all elected and appointed officials, all employees and volunteers, all boards, commissions and/or
authorities and board members, including employees and volunteers thereof. The endorsement
adding the City as additional insured shall read exactly as follows: "The City of Muskegon i!; hereby
added as an additional insured ... "

                g.      Cancellation Notice. Workers' Compensation Insurance and Commercial
General Liability Insurance, as desctibed above, shall include an endorsement stating the following:
"It is understood and agreed that Thirty (30) days' Advance Written Notice of Cancellation,
Non-Renewal, Reduction and/or Material Change shall be sent to: CITY OF MUSKEGON CIVIL
SERVICE DEPARTMENT.

                 h.      Proof of Insurance Coverage. Contractor shall provide the City at the time
the contracts are returned tor execution, certificates and policies endorsing the City as additional
insured as listed below:


\\M uskdata \Data\CIVIL \COMMON\ W0 RD\Forms \TempC'ont met fromSchri2fRev ised. DOC'
                              1.       Two (2) copies of Certificate oflnsurance for Workers' Compensation
                                       Insurance, if applicable;

                             n.        Two (2) copies of Certificate oflnsurance for Commercial General
                                       Liability Insurance; and

                             111.      If so reqnested, Certified Copies of all policies mentioned above will
                                       be furnished.

                  i.     If any ofthe above coverages expire during the term of this contract,
 Contractor shall deliver renewal certificates and/or policies to City at least ten (I 0) days prior to the
 expiration date.

          13.     Income Tax Withholding. Contractor shall withhold income taxes from each
 employee who is snbject to such withholding, and pay snch tax in accordance with the City of
 Mnskegon Income Tax Ordinance and all applicable laws associated with that ordinance. Contractor
 shall require the same from each subcontractor, consultant or vendor nsed in the performance of his
 dnties and obligations in this Agreement. City reserves the right to withhold payments otherwise due
 to Contractor to assure compliance with this Agreement or to cure snch noncompliance.

          14.      General Provisions.

                 a.      Notices. Any notice that either party may give or is required to give under
this Agreement shall be in writing, and, if mailed, shall be effective on the day it is delivered to the
other party at the other party's address set forth in this Agreement or at any other address that the
other party provides in writing. Notices given in person are effective on the day they are given.

               b.     Governing Law. This Agreement is executed in accordance with, shall be
governed by, and construed and interpreted in accordance with, the laws of the State of Michigan.

                 c.      Assignment or Delegation. Neither patty shall assign all nor any portion of
its rights and obligations contained in this Agreement without the express prior written approval of
the other party, which approval may be withheld in the other party's sole discretion.

                d.     Entire Agreement. This Agreement shall constitnte the entire agreement,
and shall snpersede any other Agreements, written or oral, that may have been made or entered into,
by, and between the patties with respect to the snbject matter of this Agreement, and shall not be
modified or amended except in a subsequent writing signed by the party against whom enforcement
is sought.

                e.      Binding Effect. This Agreement shall be binding npon, and inure to the
benefit of, and be enforceable by, the parties and their respective legal representatives, permitted
successors, and assigns.

                 f      Non-Waiver. No waiver by any party of any provision of this Agreement
shall constitute a waiver by such patty of such provision on any other occasion or a waiver by such
pmty of any other provision of this Agreement.




\\Muskdata\Data\CIVIL\COMMON\WORD\Fonns\TempContractfromSchri5Rcviscd.DOC
                 g.      Severability. Should any one or more of the provisions of this Agreement be
 detetmined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and
 enforceability of the remaining provisions of this Agreement shall not in any way be impaired or
 affected.

                h.      Venue. The parties agree that, for purposes of any dispute in connection with
 this Agreement, the Muskegon County Circuit Court shall have exclusive personal and subject matter
 jmisdiction and venue.

                 i.      Survival. All representations, warranties, and covenants in this Agreement
 shall survive the signing of this Agreement.

         City and Contractor have executed this Agreement on the date written next to their signatures
 to be effective according to the terrn(s) stated in this document.


                                                                   City-

            Date:          S /:<3,       2005
                                                                                                     -   -·------




                                                                  And:_r,J.Q~~d_=-.J'~~~~z....L~
                                                                        Gail A. Kundinger, MMC
                                                                        City Clerk


                                                                  Contractor'-""- ·,    ~. · ·

           Date:~, 200_§'                                         a;•·~~
                                                                  Its:_Le-'-~
                                                                          __:s_,_""'='_-_'7-_:o_-_.,-
                                                                                                _________




\\Mus kdata \Data\Cl VIL \COM M0 N\ W0 RD\Forms\TempC ontn1ct fromSchri5 Revised. DOC
Date:        February 8, 2005
To:          Honorable Mayor and City Commissioners
From:        Engineering
RE:          Consideration of Bids
             Dale Ave., Ruddiman St. to McGraft St.


SUMMARY OF REQUEST:
The paving as well as sanitary sewer upgrade contract (H-1596) on Dale Ave. between
Ruddiman St. & McGraft St. be awarded to Dan Hoe Excavating, Inc. out of Holland, MI.
Dan Hoe Excavating, Inc. was the lowest, see attached bid tabulation, 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.



COMMITTEE RECOMMENDATION:
                                                         H-1596, W-672 & S-605 DALE AVE. RUDDIMAN ST. TO MCGRAFT ST.
                                                                             BID TABULATION 02/01/05
                                                                 I... UN I KAI... l UK                                   DAN HOE EXCAVATING                 BRENNER EXCAVATING               FELCO CONTRACTORS                       MCCORMICK SAND
                                                                       ADDRESS                                            13664 ROCKY'S RD                    2841132ND AVE.                  3084 LAKESHORE DR                       998 S.102ND AVE.

                                                                                                                          HOLLAND, Ml 494:                   HOPKINS, Ml49328              MUSKEGON Ml49441                            SHELBY Ml 49455
                                ----riB                                                                                                                                      L PRICE     UNIT COST TOTAL PRI                         IT COST TOTAL PRICE
1 AGGREGATE BASE COURSE 22A                    6"          I   SQ.YD                                                                                                         _3,605.00   $           7/'"   ,..     "'., ..              7.45 $    5,371.45
2 B[T. LEVELING MIX 3C@ 165#.
                                /S.Y.                                                                                                                                                                                      50.
                                               t EQUAL                                                                                                       600.1                                                         ~                                Q__,Q_Q_
                                               ~
                                               ~EP                                                                                                           700.1
     ;EM EN"                                                                                                                                                 165.1
                                                                                                                                                             __!Q;_!_
            DRIVEl               !_6':_~_1                 I SQ.YD. I "                                                     32.00                             27.00                                 24.oo I s       J,osz.Jz           25.40 i $        3,230.37


                                                                                                                                                               s.oo 1 s                                                                  z.so I s       2,21s.ss
12                                                                         852.56            2.50
                                                                                                            ~·-              4.00                                             2,557.1                             ~
                                        5000                                                                                                                                                                      _1_,_!
     CURB STOP I" WI B                  .LER
              ;RADING
              :AST!NG                                                         1
         ·---STD. 4' J.D. 0' Tl
        )VING CONC. CURB
        JVING CONC. SIOEW,
                            0

                                                                                                               20i
                                                                                                               13i
                     IER                                                                                       700.
~                    /ER10"SDR35                                           _!(                                 400.(        25.00                    J.OO     30                300.00                                 450.00           36.00            360.00
                     IER
                     IER'                                                                                                                                                                                                  00.(
         ·····-    .~                                                                                                                                                                                                      05.(
                                                                                                                                                                                                                           ;;-;;-;
     TERRACE'
     TRAFFIC C..., .. ,'""''-                                    MP           1          4,000.00                        5,000.00          ___§_,I                             ,500.00       __bl                      000.00        4,000.00           4,000.00
     TRENCH REPAIR, LOCAL STREEl
     TRENCH REPAIR, LOCAL STREET
     WATER METER PIT COMPLETE
     WATER SERVICE
     WATER SERVICE
     SANITARY SEWEF

                                                                                  TA!               I   s   111,957.43              I   s ss,aos.4s                     Is   97,979.oa                      Is ss,s91.7s                        I   s 1oz.sss.rs




                                                                                                                                                                                                                                            PAGE1 OF2
                                                                             H-1596, W-672 & S-605 DALE AVE. RUDDIMAN ST. TO MCGRAFT ST.
                                                                                                 BID TABULATION02/01/05
                                                                                                            JACKSON-MERKEY                      WADEL STABILIZATION              / GRANT TOWER
                                                                                           ADDRESS I       555 E. WESTERN AVE.                   2500 N. OCEANA DR.                      __ _
                                                                                                           MUSKEGON. Ml 49441                      HART, Ml 49420                      GRANT, Ml 49327
                                                                                                            . COST I TOTAL PRICE                            TOTAL PRICE           UNIT COST      TOTAL PRICE
        iG-REGATE                                                                                              "0<
        ~- LEVELING '"'" ....... ,...,   'V-'TTI"'·' .
        ·.TOP MIX 4C@ 165#/S.Y.                                                             ~                                                     ~                       7.50         60 .
       .TCH BASIN CASTING E.J.#7045 OR EQU,                                                                                                                                           865.0
        TCH BASII'i
6    CATCH BASil\                                                                                          1,375
                                                                                                                                    -                              ~                                      -
7    CEMENT                                                                                                                                                        1,200.
8    CONC.CURB&GUTTERvov.u"''"'''- •·                                                                                     ~                                                             9.           ~
9    CONC. DRIVE APPROACI

                                                                                    l.YD                                  _1,                                                          38.


                                         ~ #15000 OR EQUAl                                     5                          -- 1,000                 500.                 500.1         259.
                                                         15150   c                                                              880.               200.                               162.
                                                                                                                          __ §_,:                3,500.          _g.                1,420.

                                                                                                                                                                   2,
m:                                                                                                                                                                                                    4,384.00


                                                                                     CH      __._                                                                _1,                  415.

                                                                                                                                                                  19,                                1!;~=~-~
                Y SEWER SER
                Y SEWER 10"                                                                                                                          o.oo
27 --     ------
                YSEW
                                                         <35
                                                                     -
                                                                                                             270.                           •
                                                                                                                                            $
                                                                                                                                                    30.60
                                                                                                                                                   450.00

"
2s
3o                                                                                                     -   ~675,
                                                                                                                                            $
                                                                                                                                            $
                                                                                                                                            $
                                                                                                                                                    40.00
                                                                                                                                                     8.00
                                                                                                                                                 4,000.00
                                                                                                                                                             $
                                                                                                                                                             $
                                                                                                                                                                   2,264.
                                                                                                                                                                   4,000.
                                                                                                                                                                                                      4,960.99

31                                                                   :TRA:                                                                  $      118.00
                                                                     fUMJr                                                                  s

~
;;                                                                                                                                                  87.00                                                  0.00
                                                                                                             690.                           s      800.00

                                                                                                                                            ~
 4                                                                                                                                                   5.00
 5                                                                                                                                      j          300.00         ~                                      852.00
 6                                                                            1!,                           ~

                                                                                            _If                      I$   11o,s4s.1                         Is   112,528.37                     ll




                                                                                                                                                                                                                  PAGE20F2
Date:        February 8, 2005
To:          Honorable Mayor and City Commissioners
From:        Engineering
RE:          Consideration of Bids
             Evart St., Allen Ave. to Amity Ave.


SUMMARY OF REQUEST:
The paving contract (H-1597) on Evart St. between Allen Ave. & Amity Ave. be awarded to
McCormick Sand, Inc. out of Shelby, MI. McCormick Sand, Inc. was the lowest, see
attached bid tabulation, 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.



COMMITIEE RECOMMENDATION:
H-1597, EVART ST. ALLEN AVE. TO AMITY AVE.

                                    BRENNER EXCAVATING                   WADEL STABILIZATION   WEICK BROS., INC.
                                      2841132ND AVE.     13064 WISNER.    2500 N. OCEANA DR.    3029 WEICK DR.
Date:        February 8, 2005
To:          Honorable Mayor and City Commissioners
From:        Engineering
RE:          Consideration of Bids
             Hudson, Forest to Southern


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, see attached bid tabulation, 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



COMMITTEE RECOMMENDATION:
                                                        S-588/W-646 HUDSON ST., FOREST AVE. TO SOUTHERN AVE.




·····FELCO BID UNACCCEPTABL.E (INCORRECT PROPOSAL PAGE USED)
NO ACKNOWLEDGEMENT OF ADDENDUM I                                                                               PAGE 1 OF2
                                                       S-588/W-646 HUDSON ST., FOREST AVE. TO SOUTHERN AVE.

                                                                                            MCCORMICK SAND   LODESTAR CONSTRUCTION   LEE'S TRENCHING   FELCO CONTRACTORS'...




·-·· FELCO BID UNACCCEPTABLE (INCORRECT PROPOSAL PAGE USED)
NO ACKNOWLEDGEMENT OF ADDENDUM I                                                                                                                                               PAGE20F2
Date:         February 8, 2005
To:           Honorable Mayor and City Commissioners
From:         Engineering
RE:           Change Order to add the 2005 Sidewalk Replacement Program onto
              the 2004 Contract.


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.
for more details please review the attached memo.


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 04 contract with Accurate Excavators to include the 05-project.



COMMITTEE RECOMMENDATION:
                                                                   City of Muskegon
                                                                   Engineering Department




Memo
 To:     Steve Warmington, Mayor
         City Commissioner
 From:   Mohammed AI-Shatel
 CC:     Bryon Mazade, City Manager
         Bob Kuhn
 Date:   02/02/05
 Re:     Sidewalk Replacement Program for 2005



 The Engineering Department is recommending that we amend the Sidewalk Replacement Program
 contract for 2004 to include the Sidewalk Replacement Program for 2005 for the following reasons:

 1       The unit prices proposed by Accurate Excavators, Inc. (successful bidder in 2004), are only
         5% higher than the prices in the 2004 contract, which we feel is reasonable.

 2       The cost savings we will realize from not having to go through the contract bidding process
         (i.e.: publication costs, staff time, etc.)

 3       Accurate Excavators, Inc. continues to be the lowest bidder (while adding the 5% increase)
         when compared to the unit prices submitted by the 2"' lowest bidder on the 2004 contract,

 4       The savings realized, even with the 5% adjustment, are in excess of $14,000.00 (see attached
         spreadsheet).

 5       Accurate Excavators, Inc. has proposed to drop the claim for additional compensation (due to
         our contract language) as a result of the more than 25% shortfall in the 2004 contract which
         would have entitled them to an additional $4,000.00 payment.

 In conclusion, we feel that it is in the best interest of the City of Muskegon, to amend the existing
 Sidewalk Replacement Program for 2004 contract, rather than incur the costs associated with bidding a
 new contract for the Sidewalk Program for 2005. The City would realize a guaranteed saving of
 approximately $18,000.00.




 0:\ENGINEERING\COMMON\2005 PROJECTS MASTER\Proiecls\SWOS\Memo lo Comm.-Amended 2004 Contract.doc
F~b   01    05 04:59p            Ro~er   Jourden                          231 7802097                         p.1




           4040 Central Rd.        Muskegon, Michigan 49445             231 780-2097         231 766-0557

           February L 2005


           Moharruned Al-Shatel
           City of Muskegon
           933 Terrace St.
           Muskegon,Ml49442

           RE: 2005 Sidewalks

           Dear Mr. Al-Shatel:

           Thank you for working with me to resolve the issue of the quantity shortfall on last year's
           sidewalk program. Accurate Excavators, LLC proposes to remedy the situation by executing a
           change order that contains the following:

                  I. A 5% price increase to all unit prices.

                  2. The work estimate for 2005 is $157,481.47 according to quantities on January 6,
                     2005. The change order is to be based on the above dollar amount. The City is free
                     to lower the quantity of work as long as no more than 25% of the total is cut. If the
                     City reduces the dollar amount of work more than 25% Accurate Excavators will be
                     compensated 15% of the difference. Example: If$106,000.00 of work is all that is
                     available, Accurate Excavators will receive $7,722.22 in compensation. All work
                     must be located within the 2005 sidewalk program area.

                  3. If thi's proposal is acceptable Accurate Excavators will drop all claims in regards to
                     the 2004 shortfall.

                  4. All work under the change order will follow the 2004 contract unless stipulated in this
                     letter.

           I hope these terms will be acceptable to you, and !look forward to hearing from you.




           Roger Jourde , II
           President
                                                                                ACCURATE          ACCURATE 2004             ACCURATE2005      '"''-'"u"'"''" 2005    !BUILDERS 2004              ,
                   H-1590            I V CDf"\f':::DlH/1   2005                2004UNIT COST          TOTAL                 I
                                                                                                                            PLUSS%            1TOTALS                UNIT COST               - __1()4



    1 BORROW FILL (ESTIM.A                                                                                                                                                                     $1,"
    2 CEMENT (ESTIMATED)                                           TON                                                                                     $682.50
    3 CONCRETE CURB,6" X'
    4 CONCRETE CURB & GU
    5 CONCRETE DRIVE APP!
      CONCRETE SIDEWALK, 4"
      CONCRETE SIDEWALK, 6"
                                                                                                                                                                                                  ··-"·"-
      CONCRETE SIDEWALK RAMF                                      ]Sc                                        ,568.00                                                                         $12,339.20
      EXCAVATION ESTIMATED                                                                                 51,250.00                                                                           $687.50
                                                                                                             ;061.(10
                                                                                                              ~

     \ROOTCU                                                       EACH   65                                                           3.00


                             ·-~··                                                                                                                                                             5226.00
                                                                   EACH               $150.00                $450.00
      TOTAL                                                               '                              5148 578.85
                                                                                                                                    $157.50                                                     $756.00
                                                                                                                                                                                            $170 236.63
      En ineerin                                                                        -
                                                                                                           $22,286.83                                                                        525 535.49
I     EST IMATED I                                                                                       ot-t'7n '""' "'"
                                                                                                                                                                                            ot~a"    .,..,..,_


      ALL QUANITITIES ARE ESTIMATED 02/01/05 @3:10P.M.                                          [ - - '$146.578:85]                                                                   I . . --$17o.2s6.6JI
                                                                                                              S74,ZSSII3
Date:          February 8, 2005
To:            Honorable Mayor and City Commissioners
From:          Engineering
RE:            LED Traffic Signals


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 $116,760 with a
payback of less than 4-years while the expected life of those LEOs 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 $116,760.



BUDGET ACTION REQUIRED:
The upcoming quarterly budget will be revised to reflect this project and eliminate the
Lakeshore Dr., Lincoln to McCracken project from the Major Street list of the 2005 CIP
budget since 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.

COMMITTEE RECOMMENDATION:
                         TOP RAIL                                      9228 S. 88 1h Avenue
                                                                      Montague, MI 49437
                         ELECTRIC                                        Ph: 231-894-2979
                         COMPANY                                        Fax: 231-894-1310
Electrical contracting                                       top ra il@to pt·ail e feet dc.co 111




Muskegon City Commission                                                      02/08/05
Subject: LED replacement

Good Evening:

I am Tim Korthase, owner of Top Rail Electric, based out of Montague in Muskegon
County. I recently discovered that the City of Muskegon is intending to award a contract
for LED replacement to an electrical contractor based out of Grand Rapids. The
justification for this non competitive bid award is that it would be an extension of a bid
that the City of Norton Shores had for similar work and that it would allow for the best
pricing available for the work.

Although I admire the cooperation between the municipalities and the hard work and
progressive thinking that the City of Muskegon Engineering Department is doing, I am
very disappointed that Top Rail Electric had no chance to bid on this work.

I would like to share a few points for your consideration.
    • I know your engineering department is busy, and writing specifications for a
       project can consume a lot of time. I believe the motive in your decision is to
       reduce cost and speed in getting this work done. For this particular project this
       would not be the case.
            • Top Rail Electric was instrumental in helping the City of Norton Shores
               develop specifications, so your engineering department could easily have
                gotten these specifications from either the City of Notion Shores or from
               Top Rail Electric. Top Rail Electric brought this LED analysis first to the
               City of Norton Shores on 1/03, then to progressive meetings with your city
               and the county on 2/03. Our meeting with the City of Muskegon was
               2/03. We met with Mohamed Al-Shatcl, Bob Kuhn, Doug Sayles, Jim
               Sneed and John Chrisman, a Gelcore Factory Sales Rep. At this time we
               shared the three major advantages of the LEDs, electricity consumption
               savings, lower maintenance cost and the ability to be on a back up power
               supply in the event of a power failure.
   • Top Rail Electric is a local specialty contractor who has shown that we are a
       leader in this line of work. We are nearby, pre-qualified with the state for this
       work, have equipment and staff located just outside the city limits in Norton
       Shores. Frankly, we are the best contractor in this specialty field of work in the
       state today. I may be a bit biased, but I'm sure if you were to check into it with
       our customers or the state signal inspectors the majority would agree with this
       statement.
     ~ >,,,,,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.

Go to the top of the page.


Sign up for City of Muskegon Emails