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CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 23, 2004
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS: Police Citizen Award
□ INTRODUCTIONS/PRESENTATION:
□ CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. Agreement - State of Michigan - Surplus Military Equipment. PUBLIC
SAFETY
C. Renewal of Contract - Pagers - Verizon Wireless. PUBLIC SAFETY
D. Consideration of Bids - Forest Lift Station (S-593}. ENGINEERING
E. Stay Active Muskegon (S.A.M.}. PLANNING & ECONOMIC
DEVELOPMENT/LEISURE SERVICES
F. Additional Taxicab License. CITY CLERK
□ PUBLIC HEARINGS:
□ COMMUNICATIONS:
□ CITY MANAGER'S REPORT:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Agreement Between Nutritional Services for Older Americans, Inc.
(NSOA} and the City for the Use of Smith Ryerson and McGraft Park
Community Buildings. ASSISTANT CITY MANAGER
B. lnterfund Transfer for Arena Improvements. FINANCE
C. Lease with the Great Lakes Naval Memorial and Museum. CITY
MANAGER
D. Approval of Contractor for Construction of Three Homes Under Walton
Street Renaissance AKA Hilltop View. COMMUNITY AND
NEIGHBORHOOD SERVICES
E. Former Lakos Property. COMMISSIONER DAVIS
□ ANY OTHER BUSINESS:
A. '05-'06 Goal Setting Session. MAYOR WARMINGTON
□ PUBLIC PARTICIPATION:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submil !he 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.}
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO
WANT TO ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A.
KUNDINGER, CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD'. (231)
724-4172.
Date: November 23, 2004
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 Comrrunity
Relations Committee that was held on Monday, November 1, 2004; and
the Regular Commission Meeting that was held on Tuesday, November
9, 2004.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
NOVEMBER 23, 2004
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, November
23, 2004.
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
Clara Shepherd, Lawrence Spataro, Chris Carter, Kevin Davis, and Stephen
Gawron, City Manager Bryon Mazade, City Attorney John Schrier, and City Clerk
Gail Kundinger.
Absent: None
2004-100 HONORS AND AWARDS:
A. Police Citizen Award. PUBLIC SAFETY
Mark DeWitt was presented an award by Tony Kleibecker.
2004-101 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Community Relations
Committee that was held on Monday, November 1, 2004; and the Regular
Commission Meeting that was held on Tuesday, November 9, 2004.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Agreement • State of Michigan - Surplus Military Equipment. PUBLIC
SAFETY
SUMMARY OF REQUEST: The Director of Public Safety requests the Commission's
authorization to enter into an agreement with the State of Michigan (Michigan
National Guard) which would allow for the Police Department to apply for
excess military surplus equipment. Such action is provided for by the 1996-1997
National Defense Authorization Act. This agreement would provide the
Department with the opportunity to procure equipment as needed at no cost to
the City. The City Attorney has reviewed the agreement and states that it is
legally acceptable.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
C. Renewal of Contract - Pagers - Verizon Wireless. PUBLIC SAFETY
SUMMARY OF REQUEST: Public Safety Division staff request that the Commission
consider our request to renew our contract for paging service with Verizon
Wireless. Verizon currently provides paging service for fire and public works on-
call personnel. The service is used to disseminate emergency messages and for
staff call-back for emergencies.
Staff sought estimates from the two, viable paging services in our area: Verizon
and SBC. SBC failed to submit an estimate. Verizon has agreed to reduce our
per unit monthly rate from $6.25 per month per unit to $5.95 per unit. The
agreement calls for Verizon to provide 71 pagers.
FINANCIAL IMPACT: This cost is provided for in the 2004 and 2005 budgets.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of this request.
D. Consideration of Bids - Forest Lift Station {S-593). ENGINEERING
SUMMARY OF REQUEST: The contract to refurbish the Forest Ave. lift station (new
pumps and accessories) be awarded to Jackson Merkey Contractors of
Muskegon since they were the lowest responsible bidder, with a bid price of
$89,240.
FINANCIAL IMPACT: The construction cost of $89,240 plus related engineering
expenses.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Award the contract to Jackson Merkey.
E. Stay Active Muskegon (S.A.M.l. PLANNING & ECONOMIC
DEVELOPMENT/LEISURE SERVICES
SUMMARY OF REQUEST: Stay Active Muskegon has been meeting as a
committee for over a year. Both the Leisure Services and Planning Departments
have been involved with their activities. All municipalities in the County of
Muskegon are being asked to pledge their support to this important venture.
S.A.M. has also begun approaching major industries in the County, requesting
the same type of support. The City Commission is asked to approve the
resolution.
FINANCIAL IMPACT: None.
BUDGET ACTION RQUIRED: None.
STAFF RECOMMENDATION: To approve the resolution and authorize the Mayor
and Clerk to sign.
F. Additional Taxicab License. CITY CLERK
SUMMARY OF REQUEST: Thomas Wakefield's current license is for 11 taxicabs,
and he is requesting approval of an additional taxicab.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve this request.
Motion by Commissioner Gawron, second by Commissioner Shepherd to
approve the Consent Agenda.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
Shepherd
Nays: None
MOTION PASSES
2004-102 NEW BUSINESS:
A. Agreement Between Nutritional Services for Older Americans, Inc.
(NSOA) and the City for the Use of Smith Ryerson and McGraft Park
Community Buildings. ASSISTANT CITY MANAGER
SUMMARY OF REQUEST: Staff recommends that the Mayor signs a one-year
agreement with Nutritional Services for Older American, Inc. for the use of the
Community Buildings at Smith Ryerson and McGraft Park. The agreement calls
for the City to provide NSOA with the amount of $8,317 for support staff time to
offer recreation and wellness services for seniors at McGraft park. NSOA will in
turn pay the monthly fee of $1 00 and $200 respectively for the use of each
facility.
Please note that over the years these agreements have been two-year
agreements. However, giving our current review of the department's facilities
and operations to better determine future directions, a one-year agreement is
recommended at this time.
FINANCIAL IMPACT: McGraft Park: $8,317.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommend approval.
Motion by Commissioner Spataro, second by Vice Mayor Larson to approve the
agreements for the use of Smith Ryerson and McGraft Park Community Buildings.
ROLL VOTE: Ayes: Carter, Davis, Gawron, Larson, Shepherd, Spataro, and
Warmington
Nays: None
MOTION PASSES
B. lnterfund Transfer for Arena Improvements. FINANCE
SUMMARY OF REQUEST: Previously the City Commission authorized energy-
related improvement projects at the LC Walker Arena. This work is now
complete and the final project cost is $254,000. At the time the project was
approved, it was determined that due to the relatively small size, it was not
worth incurring issuance costs associated with borrowing from outside sources.
Accordingly, staff recommends that $254,000 be transferred from the City's
General Insurance Fund to the LC Walker Arena fund to cover project costs. The
funds will be repaid over a 10-year period with interest (2.0%).
FINANCIAL IMPACT: Monthly payments in the amount of $2,337.14 will be made
from the LC Walker Fund to the General Insurance fund commencing
December 1, 2004. Energy savings resulting from the improvements are
anticipated to largely fund this cost.
BUDGET ACTION REQUIRED: The repayment is included in the 2005 budget and
will need to be included in future year's budgets as well.
STAFF RECOMMENDATION: Approval of interfund transfer.
Motion by Vice Mayor Larson, second by Commissioner Spataro to approve the
interfund transfer.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
Spataro
Nays: None
MOTION PASSES
C. Lease with the Great Lakes Naval Memorial and Museum. CITY
MANAGER
SUMMARY OF REQUEST: To approve a lease with the Great Lakes Naval
Memorial and Museum for property located at the Muskegon Channel. The
lease is for 30 years to develop a museum and the display of the U.S.S. Silversides
and museum artifacts.
FINANCIAL IMPACT: Rent is $15,000 + per year once the museum is built.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the lease.
Motion by Vice Mayor Larson, second by Commissioner Davis to approve the
lease with Great Lakes Naval Memorial and Museum.
ROLL VOTE: Ayes: Davis, Gawron, Larson, Shepherd, Spataro, Warmington, and
Carter
Nays: None
MOTION PASSES
D. Approval of Contractor for Construction of Three Homes Under Walton
Street Renaissance AKA Hilltop View. COMMUNITY AND
NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract with Rich Construction, P.O.
Box 125, Fremont, Michigan, who submitted the lowest bid for the first phase of
construction for three homes on Walton Street for the aggregate price $352,214.
The name of the project is Walton Street Renaissance AKA Hilltop View. The CNS
Department received four other bids:
Bantam Group $365,110
962 Stonewood
Spring Lake, Ml
Paul Witek Builders $367,320
766 Snaedle Drive
Whitehall, Ml
TopNotch Design $386,250
4740 Jensen
Fruitport, Ml
Wasco/Briggs Enterprise $481,662
525 Dangl Road
Muskegon, Ml
This project is a joint venture between the City of Muskegon Community and
Neighborhood Services, Neighborhood Investment Corporation and Fifth Third
Bank.
FINANCIAL IMPACT: The funding for the project will be taken from the City's 2003
HOME funds, Neighborhood Investment funds and funds allocated by Fifth Third
Bank. The City of Muskegon contribution will be $285,000.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the contract with the fore-mentioned
contractor and direct the Mayor and Clerk to sign the contract.
Motion by Commissioner Shepherd, second by Commissioner Spataro to
approve the contract with Rich Construction.
ROLL VOTE: Ayes: Gawron, Larson, Shepherd, Spataro, Warmington, Carter, and
Davis
Nays: None
MOTION PASSES
E. Purchase of 1983 Hoyt. COMMUNITY AND NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the purchase of 1983 Hoyt from the U.S.
Dept. of HUD for $1.00 through its Good Neighbor program. In which, a
municipality can purchase a home for one dollar, if a property is on the market
for more than six months. After 1983 Hoyt is obtained, the City will totally
rehabilitate the structure and sell it to a qualified family continuing the City's
aggressive neighborhood revitalization efforts.
FINANCIAL IMPACT: The dollar will come from CNS program income fund.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the request to purchase the home for
one dollar.
Motion by Commissioner Gawron, second by Commissioner Carter to approve
the purchase of 1983 Hoyt for $1.
ROLL VOTE: Ayes: Larson, Shepherd, Spataro, Warmington, Carter, Davis, and
Gawron
Nays: None
MOTION PASSES
F. Approval of Certificate of Recognition for Muskegon High School Big
Reds Football Team. CITY CLERK
Motion by Commissioner Shepherd, second by Vice Mayor Larson to approve
the resolution.
ROLL VOTE: Ayes: Shepherd, Spataro, Warmington, Carter, Davis, Gawron, and
Larson
Nays: None
MOTION PASSES
G. Approval of Certificate of Recognition for the Orchard View Cardinals
Football Team. CITY CLERK
Motion by Commissioner Spataro, second by Commissioner Carter to approve
the resolution.
ROLL VOTE: Ayes: Spataro, Warmington, Carter, Davis, Gawron, Larson, and
Shepherd
Nays: None
MOTION PASSES
H. Former Lakos Property. COMMISSIONER DAVIS
Motion by Commissioner Spataro, second by Vice Mayor Larson to suspend
action on previous action taken and refer matter to staff with report within 120
days on a plan to build on property.
ROLL VOTE: Ayes: Warmington, Carter, Davis, Gawron, Larson, Shepherd, and
Spataro
Nays: None
MOTION PASSES
2004-103 ANY OTHER BUSINESS:
A. '05-'06 Goal Setting Session. MAYOR WARMINGTON
Item will be placed on the next Worksession Agenda.
2004-104 PUBLIC PARTICIPATION:
Motion by Commissioner Davis, second by Vice Mayor Larson to amend normal
procedure reference demolition of 527 W. Webster and waive the $5,000 fee.
ROLL VOTE: Ayes: Davis, Larson, and Warmington
Nays: Carter, Gawron, Shepherd, and Spataro
MOTION FAILS
The City Commission Meeting adjourned at 6:50 p.m.
Respectfully submitted,
Gail A. Kundinger, MMC
City Clerk
CITY COMMISSION MEETING
Tuesday November 23, 2004
TO: Honorable Mayor and City Commissioners
FROM: Anthony L. Kleibecker
Director of Public Safety
DATE: November 3, 2004
SUBJECT: Agreement-State of Michigan-Surplus Military Equipment
SUMMARY OF REQUEST:
The Director of Public Safety requests the Commission's authorization to enter into an
agreement with the State of Michigan (Michigan National Guard) which would allow for
the police department to apply for excess military surplus equipment. Such action is
provided for by the 1996-1997 National Defense Authorization Act. This agreement
would provide the department with the opportunity to procure equipment as needed at no
cost to the city.
The City Attorney has reviewed the agreement and states that it is legally acceptable.
FINANCIAL IMPACT:
None.
BUDGET ACTION REQUIRED:
None.
STAFF RECOMMENDATIONS:
Approval of this request.
PARMENTER O'TOOLE
Alfomeys at Law
175 West Apple Avenue ■ P.O. Box 786 ■ Muskegon, Michigan 49443-0786
Phone 231 .722.1621 ■ Fax 231 .722.7866 or 231.728.2206
www.Parmentertaw.com
October 22, 2004
Tony Kleibecker
Muskegon Police Depa1tment
Director of Public Safety
933 Te1rnce Street
Muskegon, MI49442
Re: Surplus Military Equipment
Dear Director Kleibecker:
The Memorandum of Agreement between the State of Michigan and the Muskegon Police
Deprutment is legally acceptable. With this letter, I am returning the original provided to me.
Please have the city commission authorize your signing the contract on behalf of the City and the
Muskegon Police Depaitment.
If you have any questions or concerns, please feel free to contact me.
Very truly yours,
John C. Schrier
Direct: 231.722.5401
Fax: 231.728.2206
E-Mail Address: jcs@parmenterlaw.com
Enclosure
G:IEDSIIFILES\0010011935\l TRIBT6848.DOC
MI-LESO
(1033 MOA)
MEMORANDUM OF AGREEMENT
BETWEEN
THE STATE OF MICIDGAN
AND
Muskegon Police Department
Official Agency Name
l. WHEREAS, the United States government through Section 103 3 of the Fiscal Year
1996-1997 Natioml Defense Authorization Act is authorized to transfer excess
government property to local law enforcement agencies; and,
2. WHEREAS, the Governor of the State of Michigan has designated MSG Richard A.
Wood, of the Counter Drug Division, Michigan National Guard, as her representative
for transferring excess federal property to local law enforcement agencies (LEAs);
3. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
a. The Governor of the State of Michigan, through her designated representative,
Richard A. Wood, and the Muskegon Police Department
Official Agency Name
being a sworn law enforcement agency in the State of Michigan, agree to the
following with regard to the transfer of excess DoD property under Section 1033
of the Fiscal Year 1996-1997 National Defense Authorization Act:
(l) The signature of the governor or her representative on behalf of the
State of Michigan on any DD Form 1348-1 shall be construed to
transfer clear title to excess DoD property indicated on said document
from the United States Department of Defense to the State of
Michigan, unless otherwise indicated in final transfer documentation
(i.e. items which require return to DoD for demilitarization).
(2) The signature of the law enforcement agency within the State of
Michigan on any DD Form 1348-1 shall be construed to transfer title
of excess DoD property indicated on said document from the State of
Michigan to the signatory local law enforcement agency, utiless
otherwise indicated in final transfer documentation (i.e. items which
require return to DoD for demilitarization).
(3) The law enforcement agency agrees to remove the property within
fifteen calendar days from the date of viewing and tagging the
property. Failure to remove the property in the prescribed time will
result in the property being made available to other law enforcement
agencies on a first come first serve basis.
MI-LESO
(1033 MOA)
(4) The State of Michigan shall at no time, and under no circumstances,
be physically, financially or legally responsible or accountable for the
storage, use, repair, maintenance or insurance of excess DoD property
transferred to a law enforcement agency from the United States
Department of Defense on a DD Fonn 1348-1. Transportation costs
of moving property from remote locations to Michigan are the
responsibility of the law enforcement agency. The law enforcement
agency agrees to maintain, at no costs to the United States
Government, adequate liability and property damage insurance
coverage and workman's compensation insurance to cover any claims.
(5) The Governor of the State of Michigan, on behalf of the State of
Michigan, accepts title to excess DoD property for the sole purpose of
compliance with section l 033 of the National Defense Authorization
Act. The transfer of said property from the United States Department
of Defense to local civilian law enforcement agencies within the State
of Michigan is for the sole purpose of assisting in the enforcement of
Michigan's laws.
b. FURTHERMORE;
(1) It shall be the responsibility of the receiving law enforcement agency
to provide to the undersigned the name of an individual who will be
responsible for accounting for all requested equipment, and for
registering acquired weapons with the Bureau of Alcohol Tobacco and
Firearms (BA1F) immediately upon receipt of weapons. A copy of
the completed BATF Fonn 10 will be provided to the undersigned by
the receiving law enforcement agency.
(2) The receiving agency agrees to remove all military markings from
issued military vehicles prior to registering with the Secretary of State.
(3) The receiving agency agrees to maintain accountability and disposal
of property in accordance with the policies of your governing agency.
(4) Property obtained under this MOA must be placed into use within one
year of receipt and utilized for a minimum of one year, unless the
condition of the property renders it unusable. Records will be
maintained for a period of three years from date of receipt.
(5) The receiving agency agrees to limit the number of authorized viewers
of equipment to four (4) individuals. Only two (2) will be allowed to
screen at any one time.
2
MI-LESO
(1033 MOA)
(6) Property may not be obtained for the purpose of sale, lease, rent,
exchange, barter, to secure a loan or to otherwise supplement nonnal
operating budgets. All requests for property must be based on bona
fide law enforcement requirements.
(7) The receiving agency agrees to return those items identified as
such on transfer documentation (items are transferred with the
intention oflong term use by recipient agencies).
(8) The receiving agency assures that all environmental regulated property
is disposed of in accordance with applicable federal, state, and local
environmental laws and regulations.
4. Either party may terminate this memorandum of agreement at any time by giving
written notice to the other party.
Richard A. Wood, on behalf of the ( S i ~e of Senior Police Official)
Governor, State of Michigan Sheriff/ Chief of Police / MSP Post
Commander I Director
Anthony L. Kleibecker
Director of Public Safety
Dated: _ _ _ _ _ _ _ _ __
(Type Name & Title)
Dated: 11-,L f'-o Y
3
LAW ENFORCEMENT SUPPORT OFFICE
BUILDING #II 7
CAMP ORAYLING, Ml 49739-0001
PHONE: (989) 344-6103 FAX: (989) 344-6!01
LAW ENFORCEMENT AGENCY DATA SHEET
NOTE: This form must be completed as changes occur in the agency and submitted to the State Coordinator.
DATE:10/11/0R-R.lMARYSCREENERE-MAILADDRESS: mark. lewis@postman.org
AGENCY NAME: Muskegon Police Department
ADDRESS: _ _ _ _ _...c9_8c....O_J.c..-e_f_f_e_r_s_o..cnc......cSc..tc...crc..ec..ec..t.c..-_ _ _ _ _ _ _ _ _ _ _ _ _ __
CITY: ------~M=u~sk=eer 1>age
Monthly Access Fee Page Allowance**
Service over Allowance
ALPHA (Includes Lease Fee) (Per Month)
Statewide* $ 5.95 per mont11 500 $0.05
*Local service includes one or more Metropolitan Statistical Areas (MSA), Statewide service includes major MSAs within a Stale.
**Two hundred forty (240) character limit per page.
ENHANCED SERVICE OPTIONS
Personal 800/888/877 Nwnber $ 4.00 oer montll
- -
Voice Mail (5-24-60) ·
- ~ 2.00 ger month
Voice Mail (20-72-60) $ 4.00 oer montll
Cust~m Gree~g $ 1.00 oer mont11
Page SaversM Nwneric Retrieval i l.0012er mont11
Alnha Software $ 39.95-(oer CODV fee)
PAGER REPLACEMENT PROGRAM (PRP)
The optional Pager Replacement Program will protect you against tlleft, loss or damage to your pager. Witllout PRP, you
are responsible for tl1e full pager replacement charge. Witll PRP, any repairable damage is covered 100% and if your pager
. 1ost, stoIen or darnaged beyond rep,ur, 1t will be repIaced w1.ti.1a comparable one (see tiee scI1edu1e) .
1s
Loss Fee Loss Fee Note: VWMS reserves tlle right to change or
Service Montllly Fee
witllPRP withoutPRP discontinue models during this agreement. The
Alpha $ 0.50 per montll $35.00 $65.00 above prices are based on a two-year agreement.
VEF{!~~CJf\! V\JlRFl .R".~-~:--; Pf\C;lf\H3 f:;OtJ ]'fH)MH
~Verizon wireless
CllSTOMFI{ /J,(;1,l'l'M!:i\.l'l
This Account Agreement (" Agreement'') is made and entered into as of ("Effective Date") by and between Verizon
Wireless Messaging Services, LLC d/b/a Verizon Wireless, with its headquarters located at Lewisville OPS Center, 1720
Lakepointe Drive, Suite 100, Lewisville, TX 75057 ("Carrier") and City of Muskegon (Fire Dept), with a billing address located
at 933 Terrace, Muskegon, MI 49440 ("Cnstomer").
I. Services to be Performed by Carrier: Carrier and/or its affiliates shall provide services and may provide equipment to
Customer subject to the terms and conditions of this Agreement and Attachment I, if applicable, and all applicable federal,
state and local laws, rules and regulation&
2. Term: The term of this Agreement shall begin on the Effective Date and continue for a period of two (2) years unless earlier
terminated pursuant to the terms. of this Agreement ("Tenn"). Upon expiration of the initial Term, this Agreement shall
continue on a month-to-month basis until terruinated by either party upon thirty (30) days written notice.
3. Pricing: The equipment and services provided under this Agreement shall be provided in accordance with the Pricing Schedule
set forth on this Agreement and/or in Attachment 1, attached hereto and incorporated herein.
4. Billing and Payments: Customer will be billed on a monthly basis or according to Customer's Billing Cycle, and Customer's
bill will reflect the rates in effect under the applicable price plan at the time charges are incurred, plus any other charges that
apply. Any unused call/packet counts from one month may not be transferred to another. Call/packet counts may not be
aggregated as between wireless devices on the same account. Payment is due fifteen (15) days from the date of invoice.
Customer waives any billing errors if Customer does not notify Carrier of such errors in writing within sixty (60) days from date
of the invoice containing such error. If Cnstomer defaults, Carrier may: (a) require Customer to return all Carrier owned
equipment to Carrier, and/or (b) be entitled to a deficiency judgment. A LATE FEE PAYMENT OF THE GREATER OF UP
TO ONE AND ONE-HALF PERCENT (1.5%) PER MONTH (18 PERCENT ANNUALLY) OR ONE DOLLAR AND 50
CENTS ($1.50) PER ACCOUNT APPLIES TO BALANCES THAT REMAIN UNPAID. HOWEVER, IF THIS LATE FEE
EXCEEDS THAT ALLOWED BY APPLICABLE LAW, THEN THE MAXIMUM FEE ALLOWED BY LAW SHALL
APPLY. Customer shall pay all reasonable costs of collection, including payment of attorneys' fees and court costs. These
remedies shall be cumulative and in addition to any other remedies Carrier has at law or in equity.
5. Wireless Equipment: Leased equipment remains the property of Carrier. Customer bears t11e risk ofloss or damage to wireless
equipment, whether leased or purchased, once received, and if Customer has purchased the equipment the same shall be
deemed accepted within fifteen (15) days of receipt or when the equipment is activated and provided with service, whichever
occurs earlier. However, Customer shall have thirty (30) days from the date the equipment is received to discover alleged
defects in such equipment and to return the equipment to Carrier for a replacement of similar type. Acceptance of the
equipment shall be deemed a complete discharge of Carrier's obligations as it concerns the equipment. If this Agreement is
terminated, Customer will return all leased wireless equipment and accessories provided under this Agreement in reasonably
good condition or reimburse Carrier at current retail rates for similar equipment and/or accessories. Lease charges will continue
to accrue until all wireless equipment is returned.
6. Relationship of the Parties: Both parties agree and understaod that the services performed under this Agreement are
performed by Carrier as an independent contractor and not as an employee of the Customer.
7. Limitation of Liability: Carrier shall not be liable to Customer, its employees, agents, or any third party for injuries to persons
or property arising from Customer's use of the services, the wireless equipment or related equipment, or for any defect in the
services or equipment. Furthermore, Carrier shall not be liable for the installation, repair or maintenance of the services or
equipment by any parties who are not employees of Carrier, or subcontractors of Carrier. Carrier's performance hereunder shall
be excused if affected by equipment failure, acts of God, strikes, severe weather conditions, fire, riots, war, earthquakes,
equipment or facility shortage or any other event or causes beyond Carrier's reasonable control. IN NO EVENT SHALL
EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR
PUNITIVE DAMAGES, HOWEVER CAUSED, WHICH ARE INCURRED BY THE OTHER PARTY AND WHICH
ARISE OUT OF ANY ACT OR FAILURE TO ACT RELATING TO THIS AGREEMENT, EVEN IF SUCH PARTY
HAS BEEN ADVISED OF THE CLAIM OR POTENTIAL CLAIM OR OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL CARRIER BE LIABLE FOR LOSSES, DAMAGES, OR CLAIMS ARISING
OUT OF CUSTOMER'S USE OR ATTEMPTED USE OF EMERGENCY SERVICES, NOR SHALL CARRIER BE
LIABLE FOR CUSTOMER'S INABILITY TO ACCESS EMERGENCY SERVICE.
8. INFORMATION REGARDING WARRANTIES: Carrier agrees to assign to Customer any of the manufacturers' consumer
warranties received by Carrier and intended for the end user with respect to the wireless equipment. CUSTOMER
ACKNOWLEDGES THAT CARRIER IS NOT THE MANUFACTURER OF THE WIRELESS EQUIPMENT AND
CUSTOMER AGREES THAT CARRIER HAS NOT MADE AND MAKES NO REPRESENTATIONS OR WARRANTIES
WHATSOEVER, DIRECTLY OR INDIRECTLY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY,
FITNESS FOR USE, MERCHANTABILITY, CONDITION OR QUALITY OF THE WIRELESS EQUIPMENT. WITH
RESPECT TO CARRIER, CUSTOMER PURCHASES OR LEASES THE WIRELESS EQUIPMENT "AS IS". CARRIER
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SHALL NOT BE LIABLE TO CUSTOMER FOR ANY LOSS, DAMAGE OR EXPENSE OF ANY KIND OR NATURE
CAUSED DIRECTLY OR INDIRECTLY BY THE WIRELESS EQUIPMENT, OR BY ANY INTERRUPTION OF
SERVICE OR LOSS OF USE OF THE WIRELESS EQUIPMENT, OR FOR ANY LOSS OF BUSINESS OR DAMAGE
WHATSOEVER AND HOWSOEVER CAUSED UNLESS LOSS OR DAMAGE IS DIRECTLY CAUSED BY CARRIER'S
WILLFUL MISCONDUCT. CUSTOMER ACKNOWLEDGES THAT DISSATISFACTION WITH THE WIRELESS
EQUIPMENT WILL NOT RELIEVE CUSTOMER OF ANY OBLIGATION UNDER THIS AGREEMENT. NOT
WITHSTANDING THE ABOVE, CUSTOMER MAY RETURN THE EQUIPMENT PER THE TERMS OF SECTION 5
HEREIN.
9. Intellectual Property: Carrier shall have no liability for violation of any patent, copyright, trademark or trade secret or for
violation of any license or franchise arising out of or resulting from (a) the use of the services or wireless equipment in
combination with any other product or service uot supplied by Carrier, or (b) modification of the services or wireless
equipment by, or on behalf of Customer.
10. Indemnity: To the extent allowed by law, Customer agrees to indemnify, hold harmless, and defend Carrier against any claims
relating to Customer's misuse of service or equipment under this Agreement. Customer agrees to reimburse Carrier for any and
all costs and reasonable attorneys' fees incurred by Carrier in defending any claims relating to Customer's misuse of service or
equipment
I 1. Confidential Information: Customer shall hold in strictest confidence information provided to it by Carrier that is marked
confidential or proprietary ("Confidential Information") for the Term of this Agreement and for a period of two years following
the expiration or termination of this Agreement. Customer acknowledges that Carrier would suffer irreparable damage in the
event of any material breach of these provisions. Accordingly, in such event, Carrier would be entitled to obtain preliminary
and final injunctive relief, as well as any other applicable remedies at law or in equity as the result of a breach or tlrreatened
breach of this section
12. Termination: A non-breaching party may terminate tlris Agreement if the other party conuuits a material breach of any term
or condition of this Agreement and fails to cure such breach within a tlrirty (30) day period after receiving written notice of
such breach. Except as provided above, if Customer has less than ten (10) wireless devices in service and terminates service to
any wireless devices witlrin the Tenn of tlris Agreement or Carrier terminates Customer's service for good cause, then Customer
shall pay $25.00 per I-way unit and $75.00 per 2-way unit to Carrier for each such tenuination as an early termination fee. If
Customer has ten (10) or more wireless devices in service and at any time terminates service on thirty (30) percent of tl1e
Minimum Urrits in service, then Customer shall pay Carrier the monthly fee for each terminated device multiplied times the
number of months remaining in the Term of this Agreement. Furthermore, if Carrier detenuines that Customer is rrrisusing the
equipment or service in any manner, then Carrier may terminate and/or suspend service without notice to Customer.
13. Availability of Service: Messaging and paging services use radio transrrrissions, so Carrier cannot provide service when
Customer's wireless equipment is not in range of one of our transrrrission sites, or a transrrrission site of another company that
has agreed to carry Carrier's service, or if there is not sufficient network capacity available at the moment. Also, there are
places, particularly in remote areas, with no service at all. Weather, topography, bmldings, Customer's wireless equipment, and
other conditions Carrier does not control may also cause rrrissed pages or other problems.
14. Response Procedure: If service is imavailable in Carrier's service area for more than twenty-four (24) continuous hours due to
Carrier's fault, Carrier will give Customer a pro rata daily credit for the period Customer is without service. To receive such
credit, Customer must notify Carrier in writing within thirty (30) days after the first bill is received for the period during which
the interruption started.
15. Assignment: Carrier tnay assign, in whole or in part, its rights or duties under this Agreement to any assignee. Customer may
not assign tlris Agreement without the prior written consent of Carrier, winch shall not be unreasonably withheld. Subject to
these restrictions, this Agreement shall apply to, inure to the benefit of, and be binding upon the successors and assignees of the
respective parties.
16. Notices: All notices required or penuitted to be given hereunder shall be in writing and shall be valid and sufficient if
dispatched by (a) registered or certified mail, postage prepaid, in any Post Office in the Urrited States; (b) hand delivery; (c)
overrright courier; or (d) facsimile tnmsrrrission upon confirmation of receipt by the recipient.
If to Carrier: If to Customer:
Contract Support Group To the billing address of record maintained by
Verizon Wireless Paging Solutions Carrier.
1720 Lakepointe Drive, Suite 100
Lewisville, TX 75057
17. Severability: Whenever possible, each provision oftlris Agreement shall be interpreted in such a manner as to be effective and
valid under applicable law. If any provision of this Agreement shall be held by a court of competent jurisdiction or by a duly
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appointed arbitrator to be invalid or unenforceable under applicable law, such provision shall be ineffective only to the extent
of its invalidity or nnenforceability, and the remainder of such provision and the remaining provisions of this Agreement shall
remain in full force and effect.
18. Wireless Number And/Or Internet Address: Carrier will assign one wireless telephone number (also referred to as an
"access number", "pager number", or "wireless number"), cap code and/or Internet address, if applicable, to each unit in
service. Customer agrees that it does not have any property right or ownership in the wireless number, cap code or Internet
address or in the personal identification number ("PIN(s)") the Customer or Carrier may establish. Carrier may change the
Customer's wireless number if Carrier determines it is necessary to comply with regulatory and/or commercial requirements,
however, Carrier shall not arbitrarily change Customer's wireless number and in the event of change Carrier shall specifically
advise Customer of the reason for such change.
19. Charges:
19 .1. Charges: Customer is required to pay a monthly service charge, and charges for shipping of equipment, messages,
packets and/or pages over the monthly limit, and charges for activation, suspension, reconnection, termination and
exchanges, if applicable, as well as fees related to Carrier's regulatory and/or governmental costs.
19.2. Tax: If any federal, state or local govermnent tax, fee, duty, or surcharge (collectively referred to as a "Tax") is required
by applicable law to be collected from Customer by Carrier, then (a) Carrier shall bill Customer for such Tax, (b)
Customer shall timely remit such Tax to Carrier, and (c) Carrier shall, where applicable, remit such collected Tax to the
appropriate taxing authority. If Carrier does not collect a Tax because Customer has provided Carrier with evidence of
exemption, and if such as an exemption is later determined to be inadequate, then, as between Carrier and Customer,
Customer shall be liable for such uncollected Tax and for all interest, penalties and additions to Tax which are determined
to be due with respect to such uncollected Tax.
20. Authority: The parties hereby represent that they have full power and authority to enter into and perform this Agreement and
know of no contracts, agreements, promises or undertakings that would prevent the full execution and performance of this
Agreement.
21. Reservation of Rights: Either party's waiver of any of its remedies for a breach by the other party shall not operate to waive
any other remedies available to it, nor shall such waiver operate to waive rights to any remedies for a future breach, whether of
a like or different character.
22. Dispute Resolution And Mandatory Arbitration: INSTEAD OF SUING IN COURT, BOTH PARTIES AGREE TO SETILE
DISPUTES (EXCEPT CERTAIN SMALL CLAIMS) ONLY BY ARBITRATION. THE RULES IN ARBITRATION ARE
DIFFERENT. THERE IS NO JUDGE OR JURY, AND REVIEW IS LIMITED, BUT AN ARBITRATOR CAN AWARD
THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS IN THIS AGREEMENT, AS A
COURT WOULD. TO THE FULLEST EXTENT PERMITTED BY LAW WE EACH AGREE THAT:
22.1. THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. ANY CONTROVERSY OR CLAIM
ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR ANY PRIOR AGREEMENT FOR WIRELESS
SERVICE WITH CARRIER OR ANY OF ITS AFFILIATES OR PREDECESSORS IN INTEREST, OR ANY
PRODUCT OR SERVICE PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT OR SUCH A
PRIOR AGREEMENT, OR ANY ADVERTISING FOR SUCH PRODUCTS OR SERVICES, WILL BE SETILED BY
ONE OR MORE NEUTRAL ARBITRATORS ON AN INDIVIDUAL BASIS BEFORE THE AMERICAN
ARBITRATION ASSOCIATION ("AAA") OR BETTER BUSINESS BUREAU ("BBB") AS DESCRIBED BELOW.
(IF CUSTOMER'S LOCAL SMALL CLAIMS COURT OFFERS ARBITRATION, CUSTOMER MAY ALSO USE
THAT PROCESS FOR ANY DISPUTE THAT QUALIFIES.) THIS DOES NOT CHANGE CUSTOMER'S
SUBSTANTIVE RIGHTS, WST THE POTENTIAL FORUMS FOR RESOLVING DISPUTES. IN ADDITION,
CUSTOMER CAN STILL BRING ANY ISSUES CUSTOMER MAY HAVE TO THE ATTENTION OF
APPROPRIATE FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES AND THEY CAN STILL, IF THE
LAW ALLOWS, SEEK RELIEF AGAINST CARRIER ON CUSTOMER'S BEHALF.
22.2.FOR CLAIMS OVER $10,000, THE AAA'S WIRELESS INDUSTRY ARBITRATION ("WIA'') RULES WILL
APPLY. FOR CLAIMS BETWEEN $2,500 AND $10,000, THE AAA'S ARBITRATION RULES FOR THE
RESOLUTION OF CONSUMER-RELATED DISPUTES (THE "CONSUMER RULES"), WHICH INCLUDE A
SMALL CLAIMS COURT OPTION, WILL APPLY. FOR CLAIMS UNDER $2,500, THE COMPLAINING PARTY
CAN CHOOSE EITHER THE CONSUMER RULES OR THE BBB'S RULES FOR BINDING ARBITRATION. AN
ARBITRATOR MAY, UNDER ANY OF THESE RULES, REQUIRE EACH PARTY TO EXCHANGE RELEVANT
EVIDENCE IN ADVANCE. IN LARGE/COMPLEX CASES UNDER THE WIA RULES, THE ARBITRATORS
MUST APPLY THE FEDERAL RULES OF EVIDENCE AND THE LOSER MAY HAVE THE AWARD REVIEWED
BY APANELOFTHREE(3)NEW ARBITRATORS.
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WAKEFIELD LEASING CORP. 11-78
770 W. SHERMAN BLVD.
MUSKEGON, Ml 49441
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house plan number:
Save this Plan
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print image
© home plans copyrighted by designer
http://wwvv.houseplanguys.com/view-house-plans.php?PlanNum=47-236 l l/"1 7/2004
Floor plans for Traditional ho use plan 47-236 Page 2 of 5
Traditional House Plan 47-236 details
Bedrooms: 3 House Plan Fe at ures
Ba throoms: 1.0 • upst air s master bedroom
House Le vels: 3 · unfinished/ futu re space
Garage Stalls: 2 · daylight basement
House Width: 55 ft
House Depth: 44 ft
House He ight: 19 ft info
Ma in Floor Area: 1257 sq ft
Lowe r Floor Area: 1092 sq ft
TOTAL LIVING AREA: 1257 sq ft
5-Set Plan Price: $520
(Const ruction Set) more info
See estimated cost to build ~Ian
House Foundations Available
· Daylight basement (no addit ional char ge)
(If your foundation preference is no t available, please contact us)
House Pla n Options Available
· Single Plans Set ($480 total) more info
• Repr oduci ble Plans Set ($720 tot al) more info
· CAD File Plans Set ($1040 total) more info
· House Materials Li st ($75 extra) more info
· Mirror- Reversed more info ($55 extra) more info
More house plans by this designer
[ Proceed to Plan Order Options & Pri cin g ]
( scroll down to see floor plans )
Main Floor Plan print image
http ://www.houseplang uys.com/view-house-plans.php?PlanNum=47-236 11/17/2004
Floor plans for T raditional house plan 47-236 Page 3 of 5
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Floor plans for Traditional house plan 4 7-236 Page 4 of 5
Lower Floor Plan print image
UNFINISHED AREA
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© home plans copyrig ht ed by designer
http://www.houseplanguys.com/v iew-house-plans.ph p?PlanNum=47-236 1 ]/17/2004
Commission Meeting Date: November 23, 2004
Date: November 19, 2004
To: Honorable Mayor & City Commission
From: Community and Neighborhood Services
Department
RE: Purchase of 1983 Hoyt
SUMMARY OF REQUEST: To approve the purchase of 1983 Hoyt from
the U. S. Dept. of HUD for $1.00 through its Good Neighbor program. In
which, a municipality can purchase a home for one dollar, if a property is
on the market for more than six months.
After 1983 Hoyt is obtained the City will totally rehabilitate the structure
and sale it to a qualified family continuing the City's aggressive
neighborhood revitalization efforts.
FINANCIAL IMPACT: The dollar will come from CNS program income
fund.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the request to purchase the
$1.00 home.
COMMITTEE RECOMMENDATION: None needed
City of Muskegon
State of Michigan
Certificate of Recognition
WHEREAS; Muskegon High School Big Reds Football team recently won the State Division II
Football Championship; and
WHEREAS; Special commendation is due to all team members, to Coach Annese and his
staff, for their teamwork, sportsmanship, and outstanding work ethic in achieving
a great season of football with a 14 - 0 record; and
WHEREAS; The Muskegon Big Reds coaches are to be commended for their efforts to stress
character and sportsmanship as well as athletic prowess; and
WHEREAS; This Muskegon Big Reds team accomplished much in creating goodwill and
positive feelings about the Muskegon community and they wrote another
chapter in the storied history of Muskegon High School football in winning the
school's 15th stale championship.
SO, NOW THEREFORE BE IT RESOLVED that I Mayor Warmington speaking on behalf of the, City
Commission and entire community do hereby extend this expression of our pride
in your accomplishment, and our appreciation for the positive publicity you have
brought to our community by your good sportsmanship and inspired team play
and we deem it an honor and pleasure to present this Certificate of Recognition
to the Muskegon High School Big Reds Football team for giving us all a very
exciting year of football.
IN WITNESS WHEREOF, I have hereunto set our hands and cause the seal of the City of
Muskegon to be affixed this 28th day of November, 2004.
Stephen J. Warmington, Mayor
Bill Larson, Vice Mayor
Chris Carter, Commissioner
Kevin Davis, Commissioner
Stephen Gawron, Commissioner
Clara Shepherd, Commissioner
Lawrence 0. Spataro, Commissioner
City of Muskegon
State of Michigan
Certificate of Recognition
WHEREAS; Orchard View Cardinal's Football team recently won the State Division IV Football
Championship; and
WHEREAS; Special commendation is due to all team members, to Coach McDonald and his
staff, for their teamwork, sportsmanship, and outstanding work ethic in achieving
a great season of football with a 14 - 0 record; and
WHEREAS; The Orchard View Cardinals coaches are to be commended for their efforts to
stress character and sportsmanship as well as athletic prowess; and
WHEREAS; This Orchard View Cardinals team accomplished much in creating goodwill and
positive feelings about the Muskegon community.
SO, NOW THEREFORE BE IT RESOLVED that I Mayor Warmington speaking on behalf of the, City
Commission and entire community do hereby extend this expression of our pride
in your accomplishment, and our appreciation for the positive publicity you have
brought to our community by your good sportsmanship and inspired team play
and we deem it an honor and pleasure to present this Certificate of Recognition
to the Orchard View Cardinals Football team for giving us all a very exciting year
of football.
IN WITNESS WHEREOF, I have hereunto set our hands and cause the seal of the City of
Muskegon to be affixed this 14th day of December, 2004.
Stephen J. Warmington, Mayor
Bill Larson, Vice Mayor
Chris Carter, Commissioner
Kevin Davis, Commissioner
Stephen Gawron, Commissioner
Clara Shepherd, Commissioner
Lawrence 0. Spataro, Commissioner
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