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CITY OF MUSKEGON
CITY COMMISSION MEETING
October 8, 2024 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
AGENDA
☐ CALL TO ORDER:
☐ PRAYER:
☐ PLEDGE OF ALLEGIANCE:
☐ ROLL CALL:
☐ HONORS, AWARDS, AND PRESENTATIONS:
☐ PUBLIC COMMENT ON AGENDA ITEMS:
☐ CONSENT AGENDA:
A. Approval of Minutes City Clerk
B. Regional Transit Authority Articles of Incorporation Manager's Office
C. 880 First St. Demolition Bid Economic Development
D. SURF Broadband METRO Act Permit Public Works
E. Opioid Settlement Funding & Management Agreement Manager's
Office
F. Sale of 1435 Hoyt Planning
G. Amendment to the Zoning Ordinance - Cat Cafés in Commercial Zones
SECOND READING Planning
H. Amendment to the Zoning Ordinance - Cat Cafe Definition SECOND
READING Planning
I. Apple Avenue Resolution Public Works
J. Parks E/V Polaris Ranger Purchase - US DOE Rebate Voucher Program
DPW- Parks
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K. Contract Award - First Street DPW- Engineering
L. Resolution Honoring NAACP Muskegon Branch 3147-B for 105 Years of
Service Manager's Office
M. Sale of 209 Merrill, 502 & 561 Mary, 845, 982, & 1003 Ducey, 1007 Albert,
1542 Adams, 320 & 346 Wood, 425 Octavius, 436 Charles, 907 Orchard,
and 877 Amity. Planning
N. Brunswick Sewer Repair Public Works
O. Concur with CRC Recommendations to Accept Resignations and Make
Appointment City Clerk
☐ PUBLIC HEARINGS:
☐ UNFINISHED BUSINESS:
☐ NEW BUSINESS:
A. FY25 Drinking Water State Revolving Fund (DWSRF) Engineering Services
Public Works
B. Creation of a short-term rental ordinance Planning
C. Amendment to the zoning ordinance - definition of short-term rental
Planning
☐ ANY OTHER BUSINESS:
☐ PUBLIC COMMENT ON NON-AGENDA ITEMS:
► 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.
► 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.
☐ CLOSED SESSION:
☐ ADJOURNMENT:
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF THE CITY OF
MUSKEGON AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
To give comment on a live-streamed meeting the city will provide a call-in telephone
number to the public to be able to call and give comment. For a public meeting that is
not live-streamed, and which a citizen would like to watch and give comment, they
must contact the City Clerk’s Office with at least a two-business day notice. The
participant will then receive a zoom link which will allow them to watch live and give
comment. Contact information is below. For more details, please visit:
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www.shorelinecity.com
The City of Muskegon will provide necessary reasonable auxiliary aids and services, such
as signers for the hearing impaired and audio tapes of printed materials being
considered at the meeting, to individuals with disabilities who want to attend the
meeting with twenty-four (24) hours’ notice to the City of Muskegon. Individuals with
disabilities requiring auxiliary aids or services should contact the City of Muskegon by
writing or by calling the following:
Ann Marie Meisch, MMC. City Clerk. 933 Terrace St. Muskegon, MI 49440. (231)724-6705.
clerk@shorelinecity.com
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 8, 2024 Title: Approval of Minutes
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
To approve minutes of the September 24, 2024, City Commission Meeting
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
Approval of the minutes.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
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CITY OF MUSKEGON
CITY COMMISSION MEETING
September 24, 2024 @ 5:30 PM
MUSKEGON CITY COMMISSION CHAMBERS
933 TERRACE STREET, MUSKEGON, MI 49440
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, September 24,
2024. Pastor Rob Renberg from the Anchor Point Bible Church, opened the
meeting with prayer, after which the Commission and public recited the Pledge
of Allegiance to the Flag.
ROLL CALL
Present: Mayor Ken Johnson, Vice Mayor Rebecca St. Clair, Commissioners Jay
Kilgo, Destinee Keener, and Rachel Gorman (arrived at 5:40 p.m.), Acting City
Manager Jacob Eckholm, City Attorney John Schrier, and City Clerk Ann Marie
Meisch
Absent: Commissioners Katrina Kochin and Willie German, Jr.
PUBLIC COMMENT ON AGENDA ITEMS
No public comments were made
2024-81 CONSENT AGENDA
A. Approval of Minutes City Clerk
To approve minutes of the September 9, 2024, Worksession/City Commission
Meeting.
STAFF RECOMMENDATION: Approval of the minutes.
B. Addendum/Purchase Price: 1192-1194 Pine Planning
Staff is requesting approval of a purchase agreement addendum to reduce the
price of 1192-1194 Pine from $350,000.00 to $310,000.00.
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1192-1194 Pine had a foundation inspection performed by two local foundation
contractors/specialists. Due to the shifting and age of the homes, potential
issues were identified. The purchase price of the homes was reduced to reflect
that.
STAFF RECOMMENDATION: To approve the Purchase Agreement Amendment
for 1192-1194 Pine to reduce the price to $310,000 and authorize the Code
Coordinator, Samantha Pulos, to sign.
C. Equipment Replacement – Front-end Loader Public Works
Staff is requesting authorization to purchase a Caterpillar front-end loader from
Michigan CAT for $230,706.76. DPW staff use front-end loaders daily to complete
a variety of important tasks throughout the City. These tasks include loading
trucks with road salt and road repair materials, assisting construction projects
and cleanups throughout the City, removing sand from the streets at the
beach, managing the sludge at the Water Filtration Plant, and much more.
With approval from the City Commission, a new Caterpillar 938M front-end
loader will be purchased to replace a heavily-used front-end loader that was
acquired in 2012. This purchase from Michigan CAT is under the Sourcewell
contract at a cost of $277,706.76. Sourcewell is a nationwide purchasing
collective that publically bids items and offers the lowest bid price to member
organizations. The Caterpillar front-end loader being replaced will be traded-in
for a credit of $47,000, resulting in a net cost of $230,706.76. This purchase is part
of the Equipment Fund capital purchase plan and is a budgeted expenditure
for FY 2024-25.
STAFF RECOMMENDATION: I move to authorize staff to purchase a new front-end
loader from Michigan CAT for $230,706.76.
D. MDOT Trunkline Maintenance Contract Renewal Public Works
Staff requests approval to enter into a five-year contract with the Michigan
Department of Transportation (MDOT) to authorize the City to maintain and to
receive reimbursement for maintaining, state trunklines such as M-46 (Apple
Avenue) and US-31BR (Shoreline Drive) within the City limits.
The City DPW has long maintained the state trunklines within our City limits. This
helps the City have more control over the level of maintenance provided on
those trunklines while allowing the City to be reimbursed for the costs by the
state. The arrangement is covered by a contract with the state which is
included herein and is recommended for approval. This extension will cover the
arrangement through the state's fiscal year ending September 30, 2029. The
format is of the standard form that has been used for this contract in the past.
STAFF RECOMMENDATION: Approve staff to enter into a five-year contract with
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the Michigan Department of Transportation (MDOT) to authorize the City to
maintain and to receive reimbursement for maintaining, state trunklines such as
M-46 (Apple Avenue) and US-31BR (Shoreline Drive) within the City limits.
E. Concur with CRC Recommendation to Accept Resignation and Make
Appointments City Clerk
To concur with CRC recommendation to accept the resignation of Doug
Pollock from the DDA/BRA and to appoint JoAnn Dornbos with a term ending 1-
31-27. To appoint Yancy Weaver to the Parks and Recreation Advisory
Committee, resident of Ward 2; and appoint Cami Horn to the Citizen's District
Council-CDBG, citizen of Ward 1.
STAFF RECOMMENDATION: To concur with CRC recommendation to accept the
resignation of Doug Pollock from the DDA/BRA and appoint JoAnn Dornbos,
appoint Yancy Weaver to the Parks and Recreation Advisory Committee, and
appoint Cami Horn to the Citizen's District Council-CDBG.
F. Sale of 1431 Hoyt Planning
Staff is requesting approval of a purchase agreement for 1431 Hoyt for $149,900.
1431 Hoyt was constructed through the agreement with Dave Dusendang to
construct infill housing with ARPA funding. The offer is full listing price with no
seller concessions.
STAFF RECOMMENDATION: To approve the Purchase Agreement for 1431 Hoyt
for $149,900 and authorize the Code Coordinator, Samantha Pulos, to sign.
G. Sale of 1441 Hoyt Planning
Staff is requesting approval of a purchase agreement for 1441 Hoyt for $150,000.
1441 Hoyt was constructed through the agreement with Dave Dusendang to
construct infill housing with ARPA funding. The offer is over full listing price with
no seller concessions.
STAFF RECOMMENDATION: To approve the Purchase Agreement for 1441 Hoyt
for $150,000 and authorize the Code Coordinator, Samantha Pulos, to sign.
H. Sale of 1441 Leahy Planning
Staff is requesting approval of a purchase agreement for 1441 Leahy for
$159,440. 1441 Leahy was constructed through the agreement with Dave
Dusendang to construct infill housing with ARPA funding. The offer is over full
listing price with no seller concessions.
STAFF RECOMMENDATION: To approve the Purchase Agreement for 1441 Leahy
for $159,440 and authorize the Code Coordinator, Samantha Pulos, to sign.
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I. Amendment to the Zoning Ordinance - Cat Cafés in Commercial Zones
Planning
Staff-initiated request to amend the zoning ordinance to allow cat cafés as a
special use permitted in all commercial districts excluding B-1. This would
include the following zoning districts: B-2; B-4; FBC, DT; FBC, MS; FBC, NC; LFBC,
LC; and LFBC, MR.
Staff has been receiving many calls regarding the desire to open a cat café in
Muskegon. These types of businesses are becoming more popular throughout
the state. A specific ordinance allowing these uses is necessary because any
property housing more than four cats is considered a commercial kennel.
The Planning Commission unanimously recommended approval of the
ordinance amendment.
STAFF RECOMMENDATION: I move to amend the zoning ordinance to allow cat
cafés as a special use permitted in the following zoning districts: B-2; B-4; FBC,
DT; FBC, MS; FBC, NC; LFBC, LC; and LFBC, MR.
J. Amendment to the Zoning Ordinance - Cat Cafe Definition Planning
To add a definition for cat cafés to Article II (Definitions) of the zoning
ordinance. Definition - Cat café: a restaurant or café, which also houses
adoptable or therapeutic cats for clientele to interact with, and which may
incorporate cat adoption services in addition to the restaurant services.
The Planning Commission unanimously recommended approval of the
ordinance amendment at their September 12th meeting.
STAFF RECOMMENDATION: I move to approve the request to amend the zoning
ordinance to add a definition for cat cafés.
K. Contract for Tree Removal Services Planning
To award the tree removal services contract to Straight Up Tree Service, who
was the lowest qualified bidder at $35,365.78.
Staff is working with two developers to construct homes on 18 City-owned
residential lots. The lots have several trees located within the potential building
footprints, making it unfeasible for the developers to construct homes due to the
costs associated with tree removal. A request for proposal for tree services was
listed on the City's website. Staff recommends awarding the contract to Straight
Up Tree Service, who was the lowest qualified bidder. Trees and stumps must be
removed from the lots by October 20. The lots include 1284/1365/1375 James
Ave, 209 Merrill Ave, 502/561 Mary St, 845/982 Ducey Ave, 1003/1341 Ducey
Ave, 1007 Albert Ave, 1542 Adams Ave, 320/346 Wood St, 425 Octavious St, 436
Charles St, 877 Amity Ave, and 907 Orchard Ave.
STAFF RECOMMENDATION: I move to award the tree removal contract to
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Straight Up Tree Service.
L. Nelson School LIHTC Redevelopment Municipal Services Agreement
Economic Development
General Capital is resubmitting their application for Low Income Housing Tax
Credits in order to redevelop the Nelson School site into affordable family
apartments. They require a Municipal Services Agreement to be approved by
the City before the October 1, 2024 application date.
Pursuant to our 5 Year Housing Needs Assessments call for over 1,000 rental units
priced under $1,430 a month, staff has made overtures and established
relationships with several new and existing LIHTC developers. General Capital
has already successfully completed two new construction facilities in our
community, and is seeking to complete a third with the Nelson School
Apartments. This site will support 52 affordable family apartments.
General Capital is seeking a Municipal Services Charge of 3% of net shelter
rents. This should equal roughly $15,000 per year for the City to keep to defray
costs of public service delivery to the site.
STAFF RECOMMENDATION: Motion to accept the Municipal Services Agreement
between the City of Muskegon and GenCap Nelson Limited Dividend Housing
Association, LLC as presented and to authorize the Mayor and Clerk to sign.
M. Nelson School LIHTC Redevelopment Contract for Housing Exemption
Economic Development
General Capital is resubmitting their application to MSHDA for federal Low
Income Housing Tax Credits to assist in the redevelopment of Nelson School into
affordable family apartments. They are required to have an approved contract
for housing exemption by the 10/1/2024 application date.
Pursuant to our 5 Year Housing Needs Assessments call for over 1,000 rental units
priced under $1,430 a month, staff has made overtures and established
relationships with several new and existing LIHTC developers. General Capital
has already successfully completed two new construction facilities in our
community, and is seeking to complete a third with the Nelson School
Apartments. This site will support 52 affordable family apartments.
General Capital is seeking a Payment in lieu of Taxes (PILOT) of 4% of net shelter
rents. This should equal roughly $19,000 per year for the City to divide between
taxing jurisdictions. General Capital is also requesting a 3% Municipal Services
Charge, which is detailed in another agenda item in the packet.
STAFF RECOMMENDATION: Motion to accept the Contract for Housing
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Exemption between the City of Muskegon and GenCap Nelson Limited
Dividend Housing Association, LLC a Michigan LLC as presented and authorize
the Mayor and Clerk to sign.
N. Clay Commons Municipal Services Agreement Economic Development
Spire Development is proposing a new construction affordable family
apartment development called Clay Commons at 30 East Clay. In order to
submit their Low Income Housing Tax Credit application to MSHDA they will
require a Municipal Services Agreement approved by the City prior to the
October 1, 2024 application date.
Spire Development was successfully awarded two LIHTC projects by MSHDA in
our community in the 2023 round, and are now proposing two more projects.
Staff is recommending a 3% Municipal Services Charge in the agreement in
order to defray the costs of public service delivery to the site. This payment
should provide roughly $9,000-11,000 annually.
STAFF RECOMMENDATION: Motion to accept the Municipal Services Agreement
between the City of Muskegon and Clay Commons Limited Dividend Housing
Association Limited Partnership as presented and to authorize the Mayor and
Clerk to sign.
O. Clay Commons Contract for Housing Exemption Economic
Development
Spire Development is seeking approval from MSHDA to receive Low Income
Housing Tax Credits to facilitate the construction of a new family apartment
complex at 30 E. Clay. They require an approved Contract for Housing
Exemption by the City before the 10/1/2024 application date.
Spire has successfully been awarded two LIHTC allocations on their 2023 project
submissions in our community, and are now submitting two more to MSHDA in
2024. Notably, they are proposing new construction of affordable family housing
in the downtown area, directly across the street from United Way at 30 E. Clay
Street. They are requesting a 4% annual PILOT payment, which is one point lower
than the PILOT policy recommends. Their reasoning for this request is the
significant contamination they have found on the site during due diligence and
the additional costs it will place on the project. Staff recommends approval, as
tools like Brownfield TIF that a market rate developer may utilize for this issue are
not available to LIHTC development due to the lack of ad valorem property tax
payments.
STAFF RECOMMENDATION: Motion to accept the Contract for Housing
Exemption between the City of Muskegon and CLAY COMMONS LIMITED
DIVIDEND HOUSING ASSOCIATION LIMITED PARTNERSHIP as presented and
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authorize the Mayor and Clerk to sign.
P. Spring Street Crossing Municipal Services Agreement Economic
Development
Spire Development is proposing a new construction affordable family
apartment complex at 48 East Western Avenue and is applying to MSHDA for
Low Income Housing Tax Credits. They require a Municipal Services Agreement
approved by the City prior to the 10/1/2024 application date.
Spire Development was successfully awarded two LIHTC projects by MSHDA in
our community in the 2023 round, and are now proposing two more projects.
Staff is recommending a 3% Municipal Services Charge in the agreement in
order to defray the costs of public service delivery to the site. This payment
should provide roughly $9,000-11,000 annually.
STAFF RECOMMENDATION: Motion to accept the Municipal Services Agreement
between the City of Muskegon and SPRING STREET CROSSING LIMITED DIVIDEND
HOUSING ASSOCIATION LIMITED PARTNERSHIP as presented and authorize the
Mayor and Clerk to sign.
Q. Spring Street Crossing Contract for Housing Exemption Economic
Development
Spire Development is seeking Low Income Housing Tax Credits from MSHDA to
facilitate the new construction of an affordable family apartment complex at
48 E. Western Avenue. They require a contract for housing exemption approved
by the City before the 10/1/2024 application date.
Spire has successfully been awarded two LIHTC allocations on their 2023 project
submissions in our community, and are now submitting two more to MSHDA in
2024. Notably, they are proposing new construction of affordable family housing
in the downtown area, directly across the street from Witt Buick at 48 E. Western
Avenue. They are requesting a 4% annual PILOT payment, which is one point
lower than the PILOT policy recommends. Their reasoning for this request is the
significant contamination they have found on the site during due diligence and
the additional costs it will place on the project. Staff recommends approval, as
tools like Brownfield TIF that a market rate developer may utilize for this issue are
not available to LIHTC development due to the lack of ad valorem property tax
payments.
STAFF RECOMMENDATION: Motion to approve the Contract for Housing
Exemption between the City of Muskegon and SPRING STREET CROSSING
LIMITED DIVIDEND HOUSING ASSOCIATION LIMITED PARTNERSHIP as presented
and authorize the Mayor and Clerk to sign.
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R. Sale of 32 W. Western Avenue to Spire Development Economic
Development
Spire Development has requested to purchase vacant city-owned property
immediately adjacent to the property is has under contract for Spring Street
Crossing for a price of $190,800.
Spire is proposing a new construction affordable family apartment complex at
48 E. Western Avenue called Spring Street Crossing. They have requested to add
this .53 acre parcel to the project in order to ensure they have sufficient space
for adequate parking, landscaping, and zoning compliance. The price per acre
is the same as their purchase rate for the adjacent private sector properties. The
revenues generated are proposed to be attributed to our upcoming Housing
Fund in this year's budget, in order to be leveraged for further housing
investments in the community.
STAFF RECOMMENDATION: Motion to accept the purchase agreement for 32 E.
Western Avenue as presented and authorize the Mayor and Clerk to sign.
S. Berkshire Spring Street LIHTC Municipal Services Agreement Economic
Development
General Capital is taking another shot at their new construction Low Income
Housing Tax Credit application that was not approved last December by the
Michigan Statewide Housing Development Authority. The application requires
approved Contracts for Housing Exemption and Municipal Services
Agreements.
Pursuant to our 5 Year Housing Needs Assessment's call for over 1,000 rental
units priced under $1,430 a month, staff has made overtures and established
relationships with several new and existing LIHTC developers. General
Capital has already successfully completed two new construction facilities in
our community, and is seeking to complete a third with the Spring Street
Berkshire Apartments. This site will support 53 affordable senior apartments.
General Capital is seeking a Municipal Services Charge of 3% of net shelter
rents. This should equal roughly $15,000 per year for the City to keep to
defray costs of public service delivery to the site. General Capital is also
requesting a 5% Payment in lieu of Taxes agreement, which is detailed in
another agenda item in the packet.
STAFF RECOMMENDATION: Motion to approve the Municipal Services
Agreement between GenCap Spring Street Limited Dividend Housing
Association, LLC and the City of Muskegon, and authorize the Mayor and
Clerk to sign.
T. Berkshire Spring Street Contract for Housing Exemption (PILOT
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Agreement) Economic Development
General Capital is resubmitting their proposed new construction affordable
senior living development at 162 East Apple to MSHDA, and requires an
updated Payment In Lieu of Taxes agreement.
Pursuant to our 5 Year Housing Needs Assessments call for over 1,000 rental
units priced under $1,430 a month, staff has made overtures and established
relationships with several new and existing LIHTC developers. General
Capital has already successfully completed two new construction facilities in
our community, and is seeking to complete a third with the Berkshire Spring
Street Project. This site will support 53 affordable senior apartments.
General Capital is seeking a Payment in lieu of Taxes (PILOT) of 5% of net
shelter rents. This should equal roughly $21,500 per year for the City to divide
between taxing jurisdictions. General Capital is also requesting a 3%
Municipal Services Charge, which is detailed in another agenda item in the
packet.
STAFF RECOMMENDATION: Motion to accept the Contract for Housing
Exemption between GenCap Spring Street Limited Dividend Housing
Association, LLC as presented, and authorize the Mayor and Clerk to sign.
U. Froebel School Project Updated Municipal Services Agreement
Economic Development
Samaritas plans to submit Froebel School to MSHDA on October 1 for
consideration for Low Income Housing Tax Credits. They must have an
approved Municipal Services Agreement with the City in order to be eligible.
For several years staff have been attempting to find a partner that had interest
and capacity in the adaptive reuse of the long-vacant Froebel School building.
Since 2019, we have toured more than 10 entities through the school, and held
a community meeting offering several touring opportunities for the public.
Through these efforts we have developed interest from Samaritas for the
potential installation of affordable housing units by application to the Michigan
Statewide Housing Development Authority (MSHDA) Low Income Housing Tax
Credit (LIHTC) Program. If awarded, then Samaritas proposes historical
preservation and adaptive remodel of the school building into apartments for
low to moderate income residents. The agreement establishes their Municipal
Services Agreement at 3% of shelter rents, which should result in roughly $11,000
annually for the City.
If approved by Commission, Samaritas is also proposing a PILOT payment of 2%
of net shelter rents, for a total annual payment of 5% of rents. The Municipal
Services Agreement (MSA) stays completely with the City to defray costs of
public service delivery to the site, while the PILOT payment is divided
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proportionally to the other taxing jurisdictions, similar to a traditional property tax
payment.
STAFF RECOMMENDATION: Motion to approve the Municipal Services
Agreement between the City of Muskegon and Samaritas Affordable Living
Froebel Limited Dividend Housing Association Limited Partnership as presented,
and to authorize the Mayor and Clerk to sign.
V. Froebel School Updated Contract for Housing Exemption Economic
Development
Staff and Samaritas have worked on various initiatives over the last 10 months to
make Froebel School a more competitive LIHTC project in the statewide scoring
system, and are now requesting Commission approval to submit to MSHDA for
the October 2024 round.
For several years staff have been attempting to find a partner that had interest
and capacity in the adaptive reuse of the long-vacant Froebel School building.
Since 2019, we have toured more than 10 entities through the school, and held
a community meeting offering several touring opportunities for the public.
Through these efforts we have developed interest from Samaritas for the
potential installation of affordable housing units by application to the Michigan
Statewide Housing Development Authority (MSHDA) Low Income Housing Tax
Credit (LIHTC) Program. If awarded, then Samaritas proposes historical
preservation and adaptive remodel of the school building into apartments for
low to moderate income residents. The agreement establishes their payment in
lieu of taxes as 2% of net shelter rents. This should result in roughly $7,500 annually
to be divided between taxing jurisdictions.
In the last 10 months since the previous LIHTC submission round staff has worked
with Samaritas and the Muskegon County Land Bank to achieve a 1.4 million
dollar grant to assist with hard costs on the project, and Samaritas has been
approved for Historic Tax Credits which will also help the bottom line. The total
project investment is projected at $16.5 million. Note that this is the lowest
proposed PILOT of our proposed MSHDA submissions. This is due to the facts that
we are the owners of this facility and will incur significant costs to demolish or
otherwise redevelop the site, and that Samaritas is a non-profit housing
developer with limited capacity to finance and construct facilities compared
with for-profit housing development firms.
If approved by Commission, Samaritas is also proposing a Municipal Services
Agreement of 3% of net shelter rents, for a total annual payment of 5% of rents.
The Municipal Services Agreement (MSA) stays completely with the City to
defray costs of public service delivery to the site, while the PILOT payment is
divided proportionally to the other taxing jurisdictions, similar to a traditional
property tax payment.
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STAFF RECOMMENDATION: Motion to accept the Contract for Housing
Exemption between the City of Muskegon and Samaritas Affordable Living
Froebel Limited Dividend Housing Association Limited Partnership as presented,
and to authorize the Mayor and Clerk to sign.
W. Lighthouse Lofts Municipal Service Agreement Economic Development
Pivotal Development is seeking an award of Low Income Housing Tax Credits
from MSHDA to facilitate an affordable family apartment complex at 90
Hartford Street. They require a municipal services agreement approved by the
City of Muskegon prior to the application date on 10/1/2024.
Pivotal Development was successfully awarded one LIHTC project by MSHDA in
our community in the 2023 round, and are now proposing another project. Staff
is recommending a 3% Municipal Services Charge in the agreement in order to
defray the costs of public service delivery to the site. This payment should
provide roughly $9,000-11,000 annually.
STAFF RECOMMENDATION: Motion to accept the Municipal Services Agreement
between the City of Muskegon and Lighthouse Lofts Limited Dividend Housing
Association LLC as presented and authorize the Mayor and Clerk to sign.
X. Lighthouse Lofts Contract for Housing Exemption Economic
Development
Pivotal Development is seeking an award of Low Income Housing Tax Credits
from MSHDA to facilitate a new construction affordable family apartment
complex. They require an approved contract for housing exemption prior to the
10/1/2024 application date.
Pivotal has successfully been awarded one LIHTC allocation on their 2023
project submission in our community, and are now submitting one more in 2024.
Notably, they are proposing new construction of affordable family outside of
the downtown area, directly next door to Hartford Terrace at 90 Hartford Street.
They are requesting a 4% annual PILOT payment, which is what the policy
recommends given their location outside the DDA boundaries and service to
families in the project. This should provide roughly $15,000 annually to the City to
be split between taxing jurisdictions. Staff recommends approval of this request
due to the need for additional housing units at price points under $1,430
according to our 2023 Housing Needs Assessment. All of the proposed units in
this complex, along with all proposed LIHTC developments this round, would be
under this threshold.
STAFF RECOMMENDATION: Motion to accept the Contract for Housing
Exemption between the City of Muskegon and Lighthouse Lofts Limited
Dividend Housing Association LLC as presented and authorize the Mayor and
Clerk to sign.
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Motion by Vice Mayor St.Clair, second by Commissioner Kilgo, to approve the
Consent Agenda as presented.
ROLL VOTE: Ayes: St.Clair, Johnson, Kilgo, and Keener
Nays: None
MOTION PASSES
ANY OTHER BUSINESS
Mayor Johnson commented on foaming events on Muskegon Lake due to
PFAS. Test results of intake are below thresholds.
PUBLIC COMMENT ON NON-AGENDA ITEMS
Public comments received.
ADJOURNMENT
The City Commission meeting adjourned at 5:50 p.m.
Respectfully Submitted,
Ann Marie Meisch, MMC City Clerk
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 8, 2024 Title: Regional Transit Authority Articles of
Incorporation
Submitted by: LeighAnn Mikesell, Deputy City Department: Manager's Office
Manager
Brief Summary:
Staff is seeking approval of the proposed Articles of Incorporation for the new regional transit
authority and appointment of the Deputy City Manager as the city's representative Director on the
authority board.
Detailed Summary & Background:
In November 2023, the City Commission approved a resolution of intent to join other municipalities in
forming a regional transit authority. The first formal step for the group is to establish Articles of
Incorporation. These articles outline the members, district served, purposes and power of the
authority, details of the Board of Directors, how the work will be funded, how future amendments are
made and approved, and methods for members to be released from the authority. The legislative
body of each member agency will need to approve the articles for the authority to proceed forward
with developing bylaws and seeking alternate funding. Each legislative body will also need to
appoint its representative director, and alternate, to the authority board.
After discussion with the board of one of the member communities, some minor changes were made
to the Articles of Incorporation. In Article IV, Section 2, additional options for appointment to the
Board of Directors have been given for both the Director and Alternate. The articles allow for a
Council member of the Member legislative body to be appointed to each position.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 GOAL 4: FINANCIAL INFRASTRUCTURE - Maximized efficient use of existing infrastructure
Amount Requested: Budgeted Item:
$213,936 Yes X No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
101-252-956-302022 Yes No X N/A X
Recommended Motion:
To approve the Articles of Incorporation for the Muskegon Area Transit System, to appoint LeighAnn
Mikesell, Deputy City Manager, as the city's director to the authority's board, and to appoint
Jonathan Seyferth, City Manager, as the city's alternate director to the authority's board.
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Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
Legal Review X
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ARTICLES OF INCORPORATION
OF THE
MUSKEGON AREA TRANSIT SYSTEM (MATS)
Article I
Formation
These Articles of Incorporation are executed and adopted by the Incorporating Political Subdivisions
listed below to incorporate a public authority under the Public Transportation Authority Act of the State
of Michigan, P.A. 196 of 1986, as amended (“Act 196”). The Incorporating Political Subdivisions
anticipate that the Authority will enter into agreements with the County of Muskegon, the State of
Michigan, and the Federal Transit Administration as may be necessary for the authority to acquire all of
the County of Muskegon’s public transportation assets and assume all public transportation liabilities to
the extent permitted under Act 196.
Article II
Name, Incorporating Political Subdivisions, and Authority District
Section 1. Name. The name of the Authority is the Muskegon Area Transit System.
Section 2. Incorporating Political Subdivisions. The following political subdivisions located within
Muskegon County, Michigan, are the Incorporating Political Subdivisions and initial Members of the
Authority:
City of Muskegon
City of Muskegon Heights
City of Norton Shores
City of Roosevelt Park
Additional political subdivision(s) may become Members or additional portions of a Member political
subdivision may be added to the Authority District after the formation of the Authority upon resolution
adopted by a majority vote of the members elected to, and serving on, the legislative body of the political
subdivision requesting such membership or addition and upon approval by a two-thirds vote of the
Authority Board of Directors, and upon proper adoption of an Amendment to these Articles as outlined
herein.
Section 3. Authority District. For purposes of property tax levies as permitted by Act 196, the Authority
shall have an “Authority District” with a geographic boundary that includes all of the voting precincts that
have been authorized for inclusion by the Members in these Articles of Incorporation, as may be
amended. The initial Authority District shall include:
City of Muskegon – All Precincts
City of Muskegon Heights – All Precincts
City of Norton Shores – All Precincts
City of Roosevelt Park – All Precincts
The Muskegon Area Transit System may provide its services both within the boundaries of its Authority
District and outside of its Authority District in accordance with Act 196.
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Article III
Purposes and Powers of the Authority
Section 1. Purposes. The purposes for which the Authority is created are:
a. To provide public transportation services to the extent authorized by Act 196, including to
plan, promote, finance, acquire, improve, enlarge, extend, own, construct, operate, maintain,
replace, and contract for public transportation services and facilities within the Authority
District.
b. To provide ancillary services incidental, necessary, or convenient in support of the provision
of public transportation services, including the facilitation of multi-modal access and
connections for personal mobility devices, bicycles, pedestrians, inter-city buses, passenger
rail, ports, airports, and other transportation means.
c. To provide public transportation services within or outside the Authority District under
contract or as determined beneficial by the Authority.
d. To succeed to all rights, duties, and obligations of the County of Muskegon regarding public
transportation services to the extent permitted under Act 196.
e. To do all things necessary, suitable, or proper for the accomplishment of the above purposes.
Section 2. General Powers. The Authority has the power to do anything authorized or permitted by Act
196, and to do any other lawful act reasonably necessary, proper, suitable, or convenient for the
achievement or furtherance of the purposes above stated.
Article IV
Board of Directors – Governance of the Authority
Section 1. The Board. The Authority shall be governed by a Board of Directors (the “Board” and/or
“Directors”).
Section 2. Composition. The Board shall consist of four (4) voting Directors. The legislative body of
each Member shall appoint one (1) Director, that being a Council member, the chief executive, or another
upper level administrative official of the Member. The legislative body of each Member may also
appoint one (1) alternate Director, who shall also be a Council member, chief executive, or an
administrative official, who may attend meetings and otherwise act on behalf of the Director appointed by
that Member.
Section 3. Terms. Each Director or alternate Director shall serve for a term that runs concurrent with the
time period for which they hold their office with the Member that appointed them.
Section 4. Removal / Resignation. Directors and alternate Directors, once appointed, shall continue to
serve until they are reappointed, replaced by an appropriately appointed replacement, removed, or they
resign. Directors and alternate Directors shall serve at the pleasure of the legislative body that appointed
them and may be removed for any reason in the same manner by which they were appointed. A Director
desiring to resign shall submit such resignation in writing to the Chairperson of the Authority Board of
Directors and to the Member that appointed them. Such resignation shall take effect upon receipt of the
resignation by the Chairperson of the Board of Directors. The legislative body that made the appointment
of the removed or resigning Director shall make a replacement appointment within sixty (60) days of the
removal action or accepted resignation. Professionalism and attendance at Board meetings is imperative
and the Board may, by a two-thirds vote of the Authority Board of Directors, formally request that a
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legislative body appoint a replacement Director for a pattern or practice of unexcused absence or for
conduct unbecoming.
Section 5. Board Meetings. – The Board shall hold an initial meeting at a time and place selected and
agreed to by the Board members for the purpose of appointing officers, adopting bylaws, and taking any
other action the Board deems necessary. Thereafter, the Board shall hold at least an annual meeting at
such place and time as shall be fixed by the Board. The Board shall transact other business as may be
necessary at its annual meeting and shall hold regular meetings on a schedule to be determined by the
Board.
Section 6. Voting and Decisions. Each Director shall have one (1) vote. Decisions of the Board shall
require a majority vote of the total number of Directors present at any meeting of the Board in which a
quorum is present.
Section 7. Quorum. A majority of the total number of Directors then in office who are present at a duly
held meeting shall constitute a quorum for conducting business at any meeting of the Board. Attendance
by electronic means shall be allowed only as permitted by applicable law.
Section 8. Compensation of Directors. Directors shall not be compensated by the Authority for
attendance at meetings of the Board. Directors shall be entitled to reimbursement by the Authority for
actual expenses incurred in the discharge of their official duties as determined by the Authority.
Section 9. Indemnification of Directors. The Board shall indemnify Directors of the Authority to the
fullest extent permitted by applicable law. The Board may indemnify employees and other agents of the
Authority as permitted by applicable law.
Section 10. Bylaws, Rules and Regulations. The Board shall adopt and establish its own bylaws, rules
and regulations, policies and procedures regarding the operation, maintenance and management of the
public transportation system.
Section 11. Open Meetings Act. The Board is a public body subject to the Open Meetings Act, PA 267
of 1976, as amended, and all meetings of the Board shall be open to the public.
Article V
Financial Matters
Section 1. Financial Records. The Authority shall maintain adequate financial records in accordance
with law and generally accepted accounting principles.
Section 2. Annual Report. The Authority shall prepare an annual report on the Authority’s operation and
financial condition, which shall be made available to the public and transmitted to the Members of the
Authority.
Section 3. Audits, Budgets, and Appropriations. The Authority shall provide for audits, budgets, and
appropriations as required by Act 196.
Section 4. Fiscal Year. The Authority shall operate on a Fiscal Year beginning October 1 annually.
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Article VI
Local Funding for Public Transportation Purposes
Section 1. Property Tax Levy. The Authority may levy property taxes on all of the taxable property
within the limits of the Authority District for public transportation purposes as permitted by Act 196 and
these Articles. Taxes shall not be levied except upon the approval by a majority of votes cast by
registered and qualified electors residing in the Authority District and voting on the proposal(s) as
authorized by Act 196. Any election on a transit revenue proposal initiated by the Authority shall be
conducted and certified in accordance with Act 196.
Section 2. Collection of a Tax Levy. Any tax levy approved by the electorate shall be collected and
transmitted to the Authority in accordance with the requirements of Act 196.
Section 3. Local Share Contribution Funding from Incorporating Political Subdivisions. Upon formation
of the Authority, the Incorporating Political Subdivisions shall begin contributing quarterly to the
Authority an amount equal to the funding levels paid by each Incorporating Political Subdivision for
County-governed public transportation services in 2024. This level of quarterly contribution shall end
after four years, or earlier at such time as a tax levy has been successfully collected by the Authority or an
alternative local funding formula has been agreed by contract. No further Local Share Contribution under
this Section shall be required of the Incorporating Political Subdivisions for the general purpose of
forming the Authority. Local funding may be required as outlined elsewhere.
Section 4. Should a levy contemplated by this Article fail within four years of Authority formation, a
Member may, by adoption of a resolution by a majority of the members elected to and serving on the
legislative body of the Member, present to the Authority a request to be released from membership in the
Authority. The Authority will not unduly decline the request and will act affirmatively as outlined in
Article IX, Section 1(b), below.
Section 5. Local Jurisdiction and Contract Funding. The Authority shall have the ability to contract to
provide services as it deems appropriate consistent with these Articles and Act 196. Contracts may
include those entered with local municipalities, including Members, that provide for the purchase of
service types or service levels not otherwise available or not offered in like manner across the entire
Authority District.
Section 6. Funding equal to Tax Levy for New Subdivisions. In the event that a new Member (or
additional voting precincts of an existing Member) is added to the Authority District after its formation,
the Member requesting such addition shall be required to provide quarterly funding at an amount agreed
with the Authority (if no tax levy has yet been passed). If a tax levy has been approved for collection, the
new (or expanded) Member shall provide annual funding equal to the value of the tax levy that would
have been assessed to the Member had it been included in the most recent tax levy. Such payment shall
continue annually until the new Member’s voting precincts can be included in a subsequent tax levy.
Article VII
Filing and Publication
Section 1. Filing and Publication. Within thirty (30) days after the signing of these Articles of
Incorporation by all Incorporating Political Subdivisions, the Muskegon County Administrator, or his/her
designee, shall:
(a) Publish a copy of these articles at least once in a newspaper circulated within the area
proposed to be served by the Authority, and
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(b) File a copy of these Articles with the Secretary of State, the Muskegon County Clerk, and the
Director of the Michigan Department of Transportation
Section 2. Effective Date. These articles shall become effective immediately upon filing and publication
as described above.
Section 3. Subsequent Filings. Publication and filing of Amendments to these Articles shall be
consistent with Section 1 and Section 2, but shall be performed by the Chairperson of the Authority Board
of Directors or his/her designee as the responsible official instead of the County Administrator.
Article VIII
Amendment
Section 1. These Articles may be amended upon a resolution adopted by two-thirds of the legislative
bodies that are, at the time of the proposed amendments, participating as Members of the Authority. No
amendment shall be effective until the amendment is filed and published in the same manner as required
for adoption of these Articles.
Article IX
Release or Withdrawal from Authority
Section 1. An Incorporating Political subdivision may be released from membership in the Authority if
all the following conditions are met:
(a) Adoption of a resolution by a majority of the members serving on the governing or legislative
body of the Incorporating Political Subdivision requesting release from membership.
(b) Acceptance of the request by a 2/3 vote of the members serving on the board of the
Authority, excluding the members representing the political subdivision requesting release.
(c) Payment or the provision for payment is made regarding all obligations of the Incorporating
Political Subdivision to the public authority or its creditors.
Section 2. Notwithstanding the provisions of Section 1, an Incorporating Political Subdivision may also
be released from membership in the authority if all the following conditions are met:
(a) A petition subject to section 5488 of the Michigan election law, 1945 PA 116, MCL 168.488,
that bears the signatures of registered electors of the Incorporating Political Subdivision equal
to at least 20% of the number of votes cast in the Incorporating Political Subdivision for all
candidates for governor in the last general election in which a governor was elected and that
requires the governing body of the Incorporating Political Subdivision entity by resolution to
submit the question to its electors at the next general or special election is filed not less than
60 days before the election with the clerk of the entity presenting the question.
(b) The Incorporating Political Subdivision desiring to withdraw from the authority has approved
the question by a majority of the qualified and registered electors voting at a general or
special election held in November before the expiration of a tax authorized to be levied under
this act.
(c) The vote upon the question approving the resolution is by ballot and is in substantially the
following form: "Shall __________ (the Incorporating Political Subdivision) as provided by
1986 PA 196 withdraw from the authority as a member? Yes ____ No ____".
(d) All ballots are cast, canvassed, and the results of the election certified in the same manner as
ballots on any other question submitted to the electors of the entity seeking withdrawal
pursuant to the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.
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(e) Payment or the provision for payment is made regarding all obligations of the political
subdivision to the public authority or its creditors. If withdrawal is approved by a majority of
the electors voting on the question, the decision will take effect at the expiration date of the
tax and neither the Authority nor officials of the other political subdivision(s) may appeal or
amend this decision.
Section 3. Notwithstanding Section 1 and 2 above, an Incorporating Political Subdivision that is part of
the Authority may withdraw from the Authority in any year in which a tax authorized to be levied under
Act 196 of 1986 expires, without meeting the conditions listed in Section 1 or 2, if the Incorporating
Political Subdivision makes the determination to withdraw by a vote of its legislative body held in
January of that year.
Article X
Savings Clause
Section 1. Savings Clause. The invalidity or unenforceability of any term in these Articles shall not
affect the validity or enforceability of any remaining term in these Articles.
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Endorsements
The foregoing articles of incorporation were adopted by an affirmative vote of a majority of the members
serving on the governing or legislative body of _________________________, __________ at a meeting
duly held on the _____ day of _____________, A.D., 20__.
______________________________
___________
______________________________
The foregoing articles of incorporation were adopted by an affirmative vote of a majority of the members
serving on the governing or legislative body of _________________________, __________ at a meeting
duly held on the _____ day of _____________, A.D., 20__.
______________________________
___________
______________________________
The foregoing articles of incorporation were adopted by an affirmative vote of a majority of the members
serving on the governing or legislative body of _________________________, __________ at a meeting
duly held on the _____ day of _____________, A.D., 20__.
______________________________
___________
______________________________
The foregoing articles of incorporation were adopted by an affirmative vote of a majority of the members
serving on the governing or legislative body of _________________________, __________ at a meeting
duly held on the _____ day of _____________, A.D., 20__.
______________________________
___________
______________________________
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 8, 2024 Title: 880 First St. Demolition Bid
Submitted by: Contessa Alexander, Development Department: Economic Development
Analyst
Brief Summary:
Staff is requesting authorization to contract with Asbestos Abatement Incorporated for the demolition
of the structure at 880 First St.
Detailed Summary & Background:
The City of Muskegon solicited bids from qualified contractors for the demolition of the building
located at 880 First St., Muskegon, MI 49440. The scope of work includes complete demolition and
removal of the structure, including all foundations and footings, backfilling the site, hydroseeding,
and asbestos abatement. The primary objective is to eliminate blight, improve the area's aesthetic
appeal, and encourage economic development by preparing the site for future opportunities.
The request for bids was posted on July 29, 2024, with a submission deadline of Tuesday, September
3rd at 2:00 PM. A request to adjust bids in order to reflect prevailing wages was made. The City Clerk
received six bids from the following companies:
• Asbestos Abatement Incorporated
• Dore & Associates, Inc.
• Melching Inc.
• Pro-Tech Environmental Inc.
• Pitsch Companies
• Bolle Contracting
Based on qualifications staff recommends awarding the contract to Asbestos Abatement
Incorporated. The bid tabulation and the original request for bids are included for your review.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Progress toward completion of ongoing economic development projects
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business - Progress toward new and ongoing
economic development projects
Amount Requested: Budgeted Item:
$211,200 Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
Public Improvement Fund (445)
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Yes No X N/A
Recommended Motion:
Authorize staff to contract with Asbestos Abatement Incorporated in the amount of $211,200 for the
880 First St Demolition Project.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 28 of 272
DEVELO PMENT SER VIC ES
Bid Tabulation
Bid Dates: September 4, 2024, September 16, 2024 Bid Times: 2pm, 5pm
Owner: City of Muskegon
Project Title: 880 First St. Demolition Request for Bids
Project #:
Contractor Base Bid Amount Alternate Amount
Asbestos Abatement $194,600.00 $211,200.00
Incorporated
Dore & Associates, Inc. $219,600.00 $219,000.00
Melching Inc. $248,000.00 $248,000.00
Pro-Tech Environmental Inc. $251,500.00 $189,500.00
Bolle Contracting $269,000.00 $269,000.00
Pitsch Companies $292,000.00 __________
2 3 1. 7 2 4. 6 7 0 5 | 933 Terrace St, Muskegon, MI 49440-1397 | www.shorelinecity.com
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 8, 2024 Title: SURF Broadband METRO Act Permit
Submitted by: Dan VanderHeide, Public Works Department: Public Works
Director
Brief Summary:
Staff requests approval of a permit from SURF Internet to access and use the public right-of-way
within portions of the City.
Detailed Summary & Background:
Staff requests approval of a permit from Surf Internet to access and use the public right-of-way within
portions of the City. The purpose of the access is to construct a fiber optic network extension that will
service certain properties in the city. The expansion will affect the following city right-of-way areas in
the northeast portion of the City:
• Quarterline Road, Wesley to Marquette
• The Shady Lane subdivision (Roblane, Suelane, & Marlane Streets)
The application and maps are included in the packet. Staff recommends approval of the permit.
Surf Internet will return to the City Engineering Office for individual permits at the time of construction,
which will be approved at the staff level.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
Move to approve the permit from Surf Internet to access and use the public right-of-way within
portions of the City.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
No
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Head
Information
Technology
Other Division Heads X
Communication
Legal Review
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SURF Metro Act Service Area
Conduit Placements Shown in Yellow
City Limits Shown in Magenta
➤
N
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 8, 2024 Title: Opioid Settlement Funding & Management
Agreement
Submitted by: Peter Wills, Director of Department: Manager's Office
Governmental Relations
Brief Summary:
Staff requests approval to enter into a Funding and Management Agreement with the County of
Muskegon to allocate the City’s Opioid Settlement Funds to help fund the county’s existing opioid
grant program.
Detailed Summary & Background:
In 2021, a $26 billion nationwide settlement was reached to resolve all opioid litigation brought by
states and local units of governments against various pharmaceutical distributors. The State of
Michigan is estimated to receive approximately $1.6 billion, by 2040.
Settlement funds are distributed to state and local governments (county, city, townships). A state-
subdivision agreement between the State of Michigan and local government directs how opioid
settlement funds are distributed. Payments are based on a national allocation formula which
considers opioid overdose fatalities, prevalence of opioid use disorder and distribution of opioids. Fifty
percent of funds go to county, city, and township governments. The estimated local government
share is $725 million. Fifty percent of funds go to the state’s designated fund, The Michigan Opioid
Healing and Recovery Fund. The estimated state share is $887 million.
Local governments can combine funds with counties, cities, townships and municipalities. Payment
amounts will differ among the various settlements and may not be received annually. The City
expects to receive approximately $605,256.92 through 2040. Since February 2023, the City has
received $171,244.19.
Settlement funds are intended to serve those most profoundly impacted by the drug overdose crisis,
with allowable uses focusing on prevention, harm reduction, treatment and recovery.
The City's Settlement Funds would help fund the County's Opioid Settlement Fund grant program,
established in 2023. An Opioid Settlement Funding and Management Agreement would exist
between the City and County. Terms of the Agreement would stipulate that -
- City-contributed funds would be for the benefit of city residents, only;
- The City participates in the review and approval of applicants providing services to City residents;
- The City annually reviews, with the County, the Agreement as well as the Grant Program;
- Funds would be used for activities that meet the definition of opioid remediation, be evidence-
based strategies or promising practices and align with approved uses;
- 5% of funds to be used for administrative expenses, including any reporting requirements.
- The City would receive an annual accounting report of the grant program, including total funds
awarded, name of the grantee, category of assistance, target audience, project summary and
amounts approved.,
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Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Strong ties among government and community agencies
Goal/Action Item:
2027 GOAL 3: COMMUNITY CONNECTION - Strong ties among government and community agencies
Amount Requested: Budgeted Item:
NA Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
101-000-684-004800 Yes No X N/A
Recommended Motion:
To approve the Opioid Settlement Funding and Management Agreement between the City of
Muskegon and County of Muskegon, and authorize the Mayor and Clerk to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head Yes
Information
Technology
Other Division Heads X
Communication
Legal Review X
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CITY USE OF OPIOID SETTLEMENT FUNDS
FUNDING AND MANAGEMENT AGREEMENT
BETWEEN
THE CITY OF MUSKEGON
AND
THE COUNTY OF MUSKEGON
THIS AGREEMENT made and entered into by and between the CITY OF MUSKEGON,
a municipal corporation and political subdivision of the State of Michigan, 990 Terrace St,
Muskegon, Michigan 49442, hereinafter referred to as the “City”), and The County of
Muskegon (hereinafter referred to as the “Recipient”). Collectively, the signatories are referred
to as the Parties, and individually, as a Party.
RECITALS:
WHEREAS, the City has received and will continue to receive funding from defendants
of the national opioid litigation (the “Opioid Litigation”) and the resulting settlement of which the
City was participant. The City’s claims formed part of the basis of the national settlement and
payments to plaintiffs from defendants, with some payments scheduled to continue until ca. 2040
(“Settlement Payments”). The Opioid Litigation parties have agreed to the described Settlement
Payments subject to the ongoing financial viability of each of the Opioid Litigation defendants.
The Opioid Litigation settlement provides for the Settlement Payments to be expended for
enumerated treatment and prevention programs and services; and
WHEREAS, the Recipient developed and adopted a Plan of Implementation (the “Plan”)
that prescribes how it will allocate the settlement funds for programs, services, targeted
audience, intended outcomes and entities who will receive funding. Prior to adopting the Plan,
the Recipient received input and review of the Plan from outside third parties and concurrence
on the Plan; and
WHEREAS, the City has determined that the Recipient has the capacity to initiate and
coordinate programs eligible for the use of Settlement Payments; and
WHEREAS, the Recipient operates or collaborates with a variety of programs for which
opioid settlement funds can be used, and possesses the expertise or connections necessary to
utilize the funds most efficiently; and
WHEREAS, the City has determined to grant funding to the “Recipient” and the funding
will be directed to the Recipient’s Opioid Settlement Funding grant program. Eligible
organizations shall use the funds to support the development, implementation, enhancement, or
expansion of opioid prevention, harm reduction, treatment, and recovery programs and services
for the benefit of City of Muskegon residents (the “Program”). Funding will be provided in amount
not less than Five Hundred and 00/100 Dollars ($500.00) on a quarterly basis (the “Award
Amount”); and
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WHEREAS, no more than five percent (5%) of the Award Amount shall be allocated by
Recipient toward its administrative expenses, including reporting requirements; and
WHEREAS, the City has determined that the Program is consistent with the abatement
strategies set forth in the Opioid Litigation settlement List of Opioid Remediation Uses, attached
hereto as Exhibit B (originally marked Exhibit “E” in the settlements); and
WHEREAS, the Parties understand and acknowledge by executing this Agreement the
City will not provide additional funding in excess of the Award Amount, and any costs of the
Program, including any overruns or other expenses not expressly agreed to in writing prior to
the expenses being incurred, will not be a liability on the part of the City, and will be the sole
responsibility of the Recipient; and
WHEREAS, the Recipient, a qualified and experienced provider of the services herein.
NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter
contained, IT IS HEREBY AGREED as follows:
1. Term and Termination. This Agreement shall commence on its effective date and
continue until it expires or is terminated as provided for herein.
A. Effective Date. This Agreement shall become effective on the date (the “Effective
Date”) that all of the following has occurred: (i) the approval of the Plan by the Board of
Commissioners of the Recipient; (ii) the approval by the governing body of the City; (iii)
the execution by an authorized officer of the City; and (iv) the execution by an authorized
officer of the Recipient.
B. Term and Expiration. This Agreement shall commence on the Effective Date.
This Agreement shall expire with no further action on behalf of the parties when the Plan
has been implemented by the Recipient, all allowed costs have been paid by the City to
the Recipient, and the Award Amount has been spent; provided, no additional extension
of this agreement for continued services and requisite funding award has been executed
by the Parties. The Parties may extend this Agreement for additional terms as outlined in
an amendment to this Agreement.
C. Termination without Cause. The City or the Recipient may terminate this
Agreement without cause by providing thirty (30) days written notice to the other Party.
D. Termination for Cause. Either Party may immediately, upon written notice to the
other Party, terminate this Agreement for cause if the other Party is in breach of any
provision hereof or is in breach of any provision of Applicable Law, including the failure of
the City to provide all necessary assistance the Recipient requires to comply with the
provisions of its related regulations and any reporting of program and service data.
2. Scope of Services. The services the Recipient shall provide shall be as set forth
in the attached Exhibit A. The attached Exhibit A is incorporated by reference into this Agreement
and made a part thereof. In the event there are conflicting terms and conditions between Exhibit
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A and this Agreement, the terms of this Agreement will prevail.
The Recipient may elect to enter into sub-recipient agreements with other qualified
entities. If it elects to provide some or all of the services by way of sub-recipients, the Recipient
shall enter into contractual agreements incorporating the requirements contained herein.
If the Recipient intends to use Award Funds for administrative expenses, they must be
included in Exhibit A. No more than five percent (5%) of the Award Amount shall be allocated by
Recipient toward its administrative expenses, including reporting requirements.
3. Compensation. It is expressly understood and agreed the total compensation the
Recipient is to receive under this Agreement for the services performed shall not exceed the
Award Amount. Further, it is understood that the Award Amount shall equal the Settlement
Payments.
The Award Amount shall be used by Recipient solely for the purposes set forth in this
Agreement and must directly benefit residents of the City of Muskegon. The Award Amount may
not be used to benefit non-residents. Recipient understands that the Settlement Funds are not
in the City’s control and may not be received on a predictable schedule. Award Amount may be
lower than anticipated depending on the financial viability of defendants in the Opioid Litigation.
Payment by the City to the Recipient is subject to the availability of funds as determined
by and in the sole discretion of the City.
4. Future Funding. City is not, as a result of entry into or performance by either party
under this Agreement, obligated to provide future grants, program-related investments, or other
financial or technical support to Recipient, or to extend the relationship with Recipient in any
respect, or to engage in any other transaction or relationship with Recipient. Recipient
acknowledges that City has not made to Recipient any representations, promises, or assurances
about future funding or other support.
5. Reports. Recipient shall provide the City timely and reasonable access to all data
and information in the Recipient’s possession or control related to the Plan and/or necessary to
comply with this Agreement. This includes program evaluation and reporting on clients served,
including residency of clients, types of services, outputs, outcomes, daily counts, etc., as
determined by the City in its sole discretion. These types of reporting obligations related to the
Plan are required as the City works to measure successful outcomes and determine best uses
of Settlement Funds in ensuing years and to ensure that the Award Amount is used to solely
benefit City of Muskegon residents. Recipient shall provide the City or its designated agent(s)
information on program services related to Award Amounts. Failure to do so in an accurate and
timely manner may result in termination for cause.
6. Selection Committee. The City Manager or their designee, shall be entitled to one
(1) seat on Recipient’s Opioid Settlement Funding Grant Committee.
7. Right of Audit. The City or its designee may audit the Recipient to verify
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compliance with this Agreement. The Recipient must retain and provide to the City or its
designee and/or auditor general upon request, all financial and accounting records related to
this Agreement through the Term of this Agreement and for three (3) years after the later of the
date of submission of the final expenditure report for the Award Amount. If an audit, litigation,
or other action involving the records is initiated before the end of the Financial Audit Period, the
Recipient must retain the records until all issues are resolved. This right of audit is limited to
matters within the scope of this Agreement unless there is a separate constitutional or statutory
basis for such audit.
8. Right of Inspection. Within ten (10) calendar days of providing notice, the City and
its authorized representatives or designees have the right to enter and inspect Recipient’s
premises or any other places where work is being performed under this Agreement or in any
location where records are kept related to the Project, and examine, copy, and audit all records
related to this Agreement. The Recipient must cooperate and provide reasonable assistance.
If financial errors are revealed, the amount in error must be reflected as a credit or debit on
subsequent invoices until the amount is paid or refunded. Any remaining balance at the end of
this Agreement must be paid or refunded within forty-five (45) calendar days.
9. Recipient Monitoring. The Recipient will comply with the City’s policy for Recipient
monitoring, if any, and provide all required documentation upon request of the City including (1)
written responses for Recipient services provided, (2) all financial or non-financial reporting
requested by the City related to the Award, (3) written responses to internal control
questionnaires.
10. Compliance with the Law. The Recipient shall administer the program and provide
all the services to be performed under this Agreement in complete compliance with all applicable
Federal, State and local laws, ordinances, rules and regulations. The laws of the State of
Michigan will control in the construction and enforcement of this Agreement.
11. Applicable Law and Venue. This Agreement shall be subject to and construed in
accordance with the laws of the State of Michigan, without regard to any Michigan choice of law
rules that would apply the substantive law of any other jurisdiction to the extent not inconsistent
with, or pre-empted by Federal law.
In the event any disputes arise under this Agreement, it is understood and agreed that
any legal or equitable action resulting from such disputes shall be in Michigan Courts whose
jurisdiction and venue shall be established in accordance with the statutes and Court Rules of
the State of Michigan. In the event any action is brought in or is moved to a federal court the
venue for such action shall be the Federal Judicial District of Michigan, in the district and division
in which the City is located.
12. Independent Contractor. The employees, servants and agents of the Recipient
or the beneficiaries of the Award Amount shall in no way be deemed to be and shall not hold
themselves out as the employees, servants or agents of the City. The Recipient’s employees,
servants and agents shall not be entitled to any fringe benefits of the City such as, but not limited
to, health and accident insurance, life insurance, paid vacation leave, paid sick leave or
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longevity. The Recipient shall be responsible for paying any salaries, wages or other
compensation due its employees for services performed pursuant to this Agreement and for the
withholding and payment of all applicable taxes, including, but not limited to, income and social
security taxes to the proper Federal, State and local governments. The Recipient shall carry
workers’ compensation insurance coverage for its employees, as required by law and shall
provide the City with proof of said coverage.
13. Nondiscrimination. The Recipient, as required by law, shall not discriminate
against a person to be served or an employee or applicant for employment with respect to hire,
tenure, terms, conditions or privileges of employment, programs and services provided, or a
matter directly or indirectly related to employment because of race, color, religion, national origin,
age, sex, sexual orientation, gender identity, height, weight, marital status, physical or mental
disability unrelated to the individual’s ability to perform the duties of the particular job or position
or political affiliation. The Recipient shall include the language of this assurance in all
subcontracts for services covered by this Agreement. Breach of any provisions of this section
shall be regarded as a material breach of this Agreement.
14. Indemnification and Hold Harmless. The Recipient shall, at its own expense,
protect, defend, indemnify and hold harmless the City, and its elected and appointed officers,
employees and agents from all claims, damages, costs, law suits and expenses, including, but
not limited to, all costs from administrative proceedings, court costs and attorney fees that they
may incur as a result of any acts, omissions or negligence of the Recipient or any of its officers,
employees, agents or subcontractors which may arise out of this Agreement. This includes any
repayment which may be required in the event any portion of the Award Amount is not spent in
conformance with this Agreement or the limitations of Exhibit B such that the City is required to
return or forego any portion of the Settlement Payments.
The Recipient’s indemnification responsibilities under this section shall include the sum
of damages, costs and expenses which are in excess of the sum paid out on behalf of or
reimbursed to the City, its officers, employees and agents by the insurance coverage obtained
and/or maintained by the Recipient pursuant to the requirements of this Agreement.
15. Insurance. The Recipient shall purchase and maintain insurance not less than the
limits set forth below. All coverage shall be with insurance companies licensed and admitted to
do business in State of Michigan and with insurance carriers acceptable to the City and have a
minimum A.M. Best Company’s Insurance Reports rating of A or A- (Excellent).
A. Workers’ Compensation Insurance. Workers’ Compensation Insurance including
Employers’ Liability Coverage in accordance with all applicable statutes of the State of
Michigan.
B. Commercial General Liability Insurance. Commercial General Liability Insurance
on an “occurrence basis” only with limits of liability of not less than ONE MILLION AND
NO/100 DOLLARS ($1,000,000.00) per occurrence and/or aggregate combined single
limit, personal injury, bodily injury and property damage. Coverage shall include the
following: (1) Broad Form General Liability Endorsement or equivalent if not in policy
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proper; (2) Contractual Liability; (3) Products and Completed Operations; and (4)
Independent Contractors coverage.
C. Motor Vehicle Liability. Motor Vehicle Liability Insurance, including Michigan No-
Fault Coverage, with limits of liability of not less than FIVE HUNDRED THOUSAND AND
NO/100 DOLLARS ($500,000.00) per occurrence, and/or aggregate, combined single
limit, bodily injury and property damage. Coverage shall include all owned, non-owned
and hired vehicles.
D. Additional Insured. The Commercial General Liability Insurance as described
above shall include the following as “Additional Insured”; the City, and all of the City’s
elected and appointed officials, employees and volunteers, all boards, commissions
and/or authorities and board members including employees and volunteers thereof. Said
insurance shall be considered to be primary coverage to the Additional Insureds, and not
contributing with any other insurance or similar protection available to the Additional
Insureds whether said other available coverage be primary, contributing or excess.
E. Deductibles and SIRs. The Recipient shall be responsible for paying any
deductibles and self-insured retentions (SIRs) in its insurance coverages.
F. Cancellation Notice. Workers’ Compensation Insurance, Commercial General
Liability Insurance and Motor Vehicle Liability Insurance as described above, shall include
on their certificates of insurance, which are to be submitted to the City as required below,
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, [address].” In the event the Recipient’s insurer
refuses to provide such an endorsement the Recipient shall be responsible for providing
the required notice.
G. Proof of Insurance. The Recipient shall provide to the City at the time this
Agreement is returned by it for execution, with two (2) copies of certificates of insurance
for each of the policies mentioned above. If so requested, certified copies of policies shall
be furnished.
16. Waivers; Remedies. No delay on the part of any of either Party in exercising any
right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the
part of the either Party of any right, power or privilege hereunder operate as a waiver of any
other right, power or privilege hereunder, nor shall any single or partial exercise of any right,
power or privilege hereunder preclude any other or further exercise of any other right, power or
privilege hereunder. The rights and remedies herein provided are cumulative and are not
exclusive of any rights or remedies which the parties hereto may otherwise have at law or in
equity.
In the event the Recipient is in breach of any provision of Applicable Law, or misuses the
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Award Amount funding in any way, it shall immediately, upon written demand from the City,
repay all of the funds previously received pursuant to this Agreement.
17. Modifications, Amendments or Waiver of Provisions of the Agreement. All
modifications, amendments or waivers of any provision of this Agreement shall be made only by
the written mutual consent of the parties hereto.
18. Assignment or Subcontracting. Neither Party may assign, subcontract, or
otherwise engage any subrecipient to coordinate programs eligible for the use of the Award
Amount, without advance written consent of the other Party.
19. Purpose of Section Titles. The titles of the sections set forth in this Agreement
are inserted for the convenience of reference only and shall be disregarded when construing or
interpreting any of the provisions of this Agreement.
20. Complete Agreement. This Agreement, the Exhibits A and B, and any additional
or supplementary documents incorporated herein by specific reference contains all the terms
and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise,
regarding the subject matter of this Agreement or any part thereof shall have any validity or bind
any of the parties hereto.
21. Survival Clause. All rights, duties and responsibilities of any party that either
expressly or by their nature extend into the future, including warranties and indemnification, shall
extend beyond and survive the end of the Agreement ‘s term or the termination of this
Agreement.
22. Invalid/Unenforceable Provisions. If any clause or provision of this Agreement is
rendered invalid or unenforceable because of any State or Federal statute or regulation or ruling
by any tribunal of competent jurisdiction, that clause or provision shall be null and void, and any
such invalidity or unenforceability shall not affect the validity or enforceability of the remainder
of this Agreement. Where the deletion of the invalid or unenforceable clause or provision would
result in the illegality and or unenforceability of this Agreement, this Agreement shall be
considered to have terminated as of the date in which the clause or provision was rendered
invalid or unenforceable.
23. Force Majeure. Any delay or failure in the performance by either Party hereunder
shall be excused if and to the extent caused by the occurrence of a Force Majeure. For purposes
of this Agreement, Force Majeure shall mean a cause or event that is not reasonably foreseeable
or otherwise caused by or under the control of the Party claiming Force Majeure, including acts
of God, fires, floods, epidemics, explosions, riots, wars, hurricane, sabotage terrorism,
vandalism, accident, restraint of government, governmental acts, injunctions, labor strikes, that
prevent the claiming Party from furnishing the materials or equipment, and other like events that
are beyond the reasonable anticipation and control of the Party affected thereby, despite such
Party's reasonable efforts to prevent, avoid, delay, or mitigate the effect of such acts, events or
occurrences, and which events or the effects thereof are not attributable to a Party's failure to
perform its obligations under this Agreement.
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24. Non-Beneficiary Contract. Nothing expressed or referred to in this Agreement is
intended or shall be construed to give any person other than the Parties to this Agreement or
their respective successors or permitted assignees any legal or equitable right, remedy or claim
under or in respect of this Agreement, it being the intention of the Parties that this Agreement
and the transactions contemplated hereby shall be for the sole and exclusive benefit of such
Parties or such successors and permitted assignees. The Recipient’s suppliers or providers are
not considered the Recipient’s assignees and are not third-party beneficiaries.
25. Notice. Any and all correspondence or notices required, permitted, or provided
for under this Agreement to be delivered to any Party shall be sent to that Party by either
electronic mail with confirmation of receipt or by first class mail. All such written notices shall be
addressed as provided below. All correspondence shall be considered delivered to a Party as
of the date that the electronic confirmation of receipt is received (if notice is provided by
electronic mail) or when notice is deposited with sufficient postage with the United State Postal
Service. A notice of termination shall be sent via electronic mail with confirmation of receipt or
via certified mail to the address specified below. Notices shall be mailed to the following
addresses:
If to City: City Manager
933 Terrace St.
Muskegon, MI 49440
With Copy to:
City Attorney
Parmenter Law
601 Terrace St.
Muskegon, MI 49440
If to Recipient: ______________________________
______________________________
________________________________
________________________________
26. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed to be an original and all of which together shall constitute one
and the same instrument. The exchange of copies of this Agreement and of signature pages by
facsimile or PDF transmission shall constitute effective execution and delivery of this Agreement
as to the parties hereto and may be used in lieu of the original Agreement for all purposes.
Signatures of the Parties hereto transmitted by facsimile or PDF shall be deemed to be their
original signatures for all purposes.
27. Entire Agreement. This Agreement sets forth the entire agreement between the
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Parties and supersedes any and all prior agreements or understandings between them in any
related to the subject matter of this Agreement. It is further understood and agreed that the
terms and conditions of this Agreement are contractual and are not a mere recital and that there
are no other agreements, understandings, contracts, or representations between the Parties in
any way related to the subject matter of this Agreement, except as expressly stated in this
Agreement.
28. Certification of Authority to Sign Agreement. The people signing on behalf of
the parties to this Agreement certify by their signatures that they are duly authorized to sign this
Agreement on behalf of the party they represent and that this Agreement has been authorized
by the party they represent.
THE AUTHORIZED REPRESENTATIVES OF THE PARTIES HERETO HAVE FULLY
EXECUTED THIS AGREEMENT ON THE DATE AND YEAR FIRST ABOVE WRITTEN.
CITY OF MUSKEGON COUNTY OF MUSKEGON
By: By:
Kenneth Johnson, Mayor (Signature)
City of Muskegon Name:
(Print or Type)
Date: Title:
(Print or Type)
Date:
By:
Ann Meisch, Clerk
City of Muskegon
Date:
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Exhibit A
Scope of Work
1. Funding will be provided, from the City to the Recipient, in an amount not less than Five Hundred
and 00/100 Dollars ($500.00) on a quarterly basis (the “Award Amount”).
2. The Recipient shall direct the Award Amount to the Recipient’s Opioid Settlement Grant funding
program each eligible grant year, unless notice is provided to terminate the Agreement.
3. Eligible organizations shall use the Award Amount to support the development, implementation,
enhancement, or expansion of opioid prevention, harm reduction, treatment, and recovery
programs and services for the benefit of City of Muskegon residents.
4. No more than five percent (5%) of the Award Amount shall be allocated by the Recipient to the
administrative expenses, including any reporting requirements, of the Recipient’s Opioid
Settlement Grant funding program.
5. The Recipient shall provide to the City an accounting report of the grant program. The report shall
include, but not be limited to, total funds awarded, name of the grantee, category of assistance,
target audience, project summary and amounts approved.
6. The Recipient shall include the City on the Recipient’s Opioid Settlement Funding Grant
Committee to review and select applications originating from the City of Muskegon, as well as
annually review the grant program.
7. The City may audit the Recipient to verify compliance with this Agreement.
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Exhibit B
List of Opioid Remediation Uses
Schedule A
Core Strategies
States and Qualifying Block Grantees shall choose from among the abatement strategies listed in
Schedule B. However, priority shall be given to the following core abatement strategies (“Core
Strategies”).
A. NALOXONE OR OTHER FDA-APPROVED DRUG TO
REVERSE OPIOID OVERDOSES
1. Expand training for first responders, schools, community
support groups and families; and
2. Increase distribution to individuals who are uninsured or
whose insurance does not cover the needed service.
B. MEDICATION-ASSISTED TREATMENT (“MAT”)
DISTRIBUTION AND OTHER OPIOID-RELATED
TREATMENT
1. Increase distribution of MAT to individuals who are
uninsured or whose insurance does not cover the needed
service;
2. Provide education to school-based and youth-focused
programs that discourage or prevent misuse;
3. Provide MAT education and awareness training to
healthcare providers, EMTs, law enforcement, and other
first responders; and
4. Provide treatment and recovery support services such as
residential and inpatient treatment, intensive outpatient
treatment, outpatient therapy or counseling, and recovery
housing that allow or integrate medication and with other
support services.
C. PREGNANT & POSTPARTUM WOMEN
1. Expand Screening, Brief Intervention, and Referral to
Treatment (“SBIRT”) services to non-Medicaid eligible or
uninsured pregnant women;
2. Expand comprehensive evidence-based treatment and
recovery services, including MAT, for women with cooccurring Opioid
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Use Disorder (“OUD”) and other
Substance Use Disorder (“SUD”)/Mental Health disorders
for uninsured individuals for up to 12 months postpartum;
and
3. Provide comprehensive wrap-around services to individuals
with OUD, including housing, transportation, job
placement/training, and childcare.
D. EXPANDING TREATMENT FOR NEONATAL
ABSTINENCE SYNDROME (“NAS”)
1. Expand comprehensive evidence-based and recovery
support for NAS babies;
2. Expand services for better continuum of care with infantneed dyad; and
3. Expand long-term treatment and services for medical
monitoring of NAS babies and their families.
E. EXPANSION OF WARM HAND-OFF PROGRAMS AND
RECOVERY SERVICES
1. Expand services such as navigators and on-call teams to
begin MAT in hospital emergency departments;
2. Expand warm hand-off services to transition to recovery
services;
3. Broaden scope of recovery services to include co-occurring
SUD or mental health conditions;
4. Provide comprehensive wrap-around services to individuals
in recovery, including housing, transportation, job
placement/training, and childcare; and
5. Hire additional social workers or other behavioral health
workers to facilitate expansions above.
F. TREATMENT FOR INCARCERATED POPULATION
1. Provide evidence-based treatment and recovery support,
including MAT for persons with OUD and co-occurring
SUD/MH disorders within and transitioning out of the
criminal justice system; and
2. Increase funding for jails to provide treatment to inmates
with OUD.
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G. PREVENTION PROGRAMS
1. Funding for media campaigns to prevent opioid use (similar
to the FDA’s “Real Cost” campaign to prevent youth from
misusing tobacco);
2. Funding for evidence-based prevention programs in
schools;
3. Funding for medical provider education and outreach
regarding best prescribing practices for opioids consistent
with the 2016 CDC guidelines, including providers at
hospitals (academic detailing);
4. Funding for community drug disposal programs; and
5. Funding and training for first responders to participate in
pre-arrest diversion programs, post-overdose response
teams, or similar strategies that connect at-risk individuals
to behavioral health services and supports.
H. EXPANDING SYRINGE SERVICE PROGRAMS
1. Provide comprehensive syringe services programs with
more wrap-around services, including linkage to OUD
treatment, access to sterile syringes and linkage to care and
treatment of infectious diseases.
I. EVIDENCE-BASED DATA COLLECTION AND
RESEARCH ANALYZING THE EFFECTIVENESS OF THE
ABATEMENT STRATEGIES WITHIN THE STATE
Schedule B
Approved Uses
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder
or Mental Health (SUD/MH) conditions through evidence-based or evidence-informed programs
or strategies that may include, but are not limited to, the following:
PART ONE: TREATMENT
A. TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (“OUD”) and any co-occurring Substance Use
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Disorder or Mental Health (“SUD/MH”) conditions through evidence-based or evidence-
informed programs or strategies that may include, but are not limited to, those that:
1. Expand availability of treatment for OUD and any co-occurring SUD/MH
conditions, including all forms of Medication-Assisted Treatment (“MAT”)
approved by the U.S. Food and Drug Administration.
2. Support and reimburse evidence-based services that adhere to the American
Society of Addiction Medicine (“ASAM”) continuum of care for OUD and any
cooccurring SUD/MH conditions.
3. Expand telehealth to increase access to treatment for OUD and any co-occurring
SUD/MH conditions, including MAT, as well as counseling, psychiatric support,
and other treatment and recovery support services.
4. Improve oversight of Opioid Treatment Programs (“OTPs”) to assure evidence based
or evidence-informed practices such as adequate methadone dosing and low
threshold approaches to treatment.
5. Support mobile intervention, treatment, and recovery services, offered by
qualified professionals and service providers, such as peer recovery coaches, for
persons with OUD and any co-occurring SUD/MH conditions and for persons
who have experienced an opioid overdose.
6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual
assault, human trafficking, or adverse childhood experiences) and family
members (e.g., surviving family members after an overdose or overdose fatality),
and training of health care personnel to identify and address such trauma.
7. Support evidence-based withdrawal management services for people with OUD
and any co-occurring mental health conditions.
8. Provide training on MAT for health care providers, first responders, students, or
other supporting professionals, such as peer recovery coaches or recovery
outreach specialists, including telementoring to assist community-based providers
in rural or underserved areas.
9. Support workforce development for addiction professionals who work with
persons with OUD and any co-occurring SUD/MH conditions.
10. Offer fellowships for addiction medicine specialists for direct patient care,
instructors, and clinical research for treatments.
11. Offer scholarships and supports for behavioral health practitioners or workers
involved in addressing OUD and any co-occurring SUD/MH or mental health
conditions, including, but not limited to, training, scholarships, fellowships, loan
repayment programs, or other incentives for providers to work in rural or
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underserved areas.
12. Provide funding and training for clinicians to obtain a waiver under the federal
Drug Addiction Treatment Act of 2000 (“DATA 2000”) to prescribe MAT for
OUD, and provide technical assistance and professional support to clinicians who
have obtained a DATA 2000 waiver.
13. Disseminate of web-based training curricula, such as the American Academy of
Addiction Psychiatry’s Provider Clinical Support Service–Opioids web-based
training curriculum and motivational interviewing.
14. Develop and disseminate new curricula, such as the American Academy of
Addiction Psychiatry’s Provider Clinical Support Service for Medication–
Assisted Treatment.
B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in recovery from OUD and any co-occurring SUD/MH conditions
through evidence-based or evidence-informed programs or strategies that may include,
but are not limited to, the programs or strategies that:
1. Provide comprehensive wrap-around services to individuals with OUD and any
co-occurring SUD/MH conditions, including housing, transportation, education,
job placement, job training, or childcare.
2. Provide the full continuum of care of treatment and recovery services for OUD
and any co-occurring SUD/MH conditions, including supportive housing, peer
support services and counseling, community navigators, case management, and
connections to community-based services.
3. Provide counseling, peer-support, recovery case management and residential
treatment with access to medications for those who need it to persons with OUD
and any co-occurring SUD/MH conditions.
4. Provide access to housing for people with OUD and any co-occurring SUD/MH
conditions, including supportive housing, recovery housing, housing assistance
programs, training for housing providers, or recovery housing programs that allow
or integrate FDA-approved mediation with other support services.
5. Provide community support services, including social and legal services, to assist
in deinstitutionalizing persons with OUD and any co-occurring SUD/MH
conditions.
6. Support or expand peer-recovery centers, which may include support groups,
social events, computer access, or other services for persons with OUD and any
co-occurring SUD/MH conditions.
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7. Provide or support transportation to treatment or recovery programs or services
for persons with OUD and any co-occurring SUD/MH conditions.
8. Provide employment training or educational services for persons in treatment for
or recovery from OUD and any co-occurring SUD/MH conditions.
9. Identify successful recovery programs such as physician, pilot, and college
recovery programs, and provide support and technical assistance to increase the
number and capacity of high-quality programs to help those in recovery.
10. Engage non-profits, faith-based communities, and community coalitions to
support people in treatment and recovery and to support family members in their
efforts to support the person with OUD in the family.
11. Provide training and development of procedures for government staff to
appropriately interact and provide social and other services to individuals with or
in recovery from OUD, including reducing stigma.
12. Support stigma reduction efforts regarding treatment and support for persons with
OUD, including reducing the stigma on effective treatment.
13. Create or support culturally appropriate services and programs for persons with
OUD and any co-occurring SUD/MH conditions, including new Americans.
14. Create and/or support recovery high schools.
15. Hire or train behavioral health workers to provide or expand any of the services or
supports listed above.
C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have—or are at risk of developing—OUD
and any co-occurring SUD/MH conditions through evidence-based or evidence-informed
programs or strategies that may include, but are not limited to, those that:
1. Ensure that health care providers are screening for OUD and other risk factors and
know how to appropriately counsel and treat (or refer if necessary) a patient for
OUD treatment.
2. Fund SBIRT programs to reduce the transition from use to disorders, including
SBIRT services to pregnant women who are uninsured or not eligible for
Medicaid.
3. Provide training and long-term implementation of SBIRT in key systems (health,
schools, colleges, criminal justice, and probation), with a focus on youth and
young adults when transition from misuse to opioid disorder is common.
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4. Purchase automated versions of SBIRT and support ongoing costs of the
technology.
5. Expand services such as navigators and on-call teams to begin MAT in hospital
emergency departments.
6. Provide training for emergency room personnel treating opioid overdose patients
on post-discharge planning, including community referrals for MAT, recovery
case management or support services.
7. Support hospital programs that transition persons with OUD and any co-occurring
SUD/MH conditions, or persons who have experienced an opioid overdose, into
clinically appropriate follow-up care through a bridge clinic or similar approach.
8. Support crisis stabilization centers that serve as an alternative to hospital
emergency departments for persons with OUD and any co-occurring SUD/MH
conditions or persons that have experienced an opioid overdose.
9. Support the work of Emergency Medical Systems, including peer support
specialists, to connect individuals to treatment or other appropriate services
following an opioid overdose or other opioid-related adverse event.
10. Provide funding for peer support specialists or recovery coaches in emergency
departments, detox facilities, recovery centers, recovery housing, or similar
settings; offer services, supports, or connections to care to persons with OUD and
any co-occurring SUD/MH conditions or to persons who have experienced an
opioid overdose.
11. Expand warm hand-off services to transition to recovery services.
12. Create or support school-based contacts that parents can engage with to seek
immediate treatment services for their child; and support prevention, intervention,
treatment, and recovery programs focused on young people.
13. Develop and support best practices on addressing OUD in the workplace.
14. Support assistance programs for health care providers with OUD.
15. Engage non-profits and the faith community as a system to support outreach for
treatment.
16. Support centralized call centers that provide information and connections to
appropriate services and supports for persons with OUD and any co-occurring
SUD/MH conditions.
D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS
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Address the needs of persons with OUD and any co-occurring SUD/MH conditions who
are involved in, are at risk of becoming involved in, or are transitioning out of the
criminal justice system through evidence-based or evidence-informed programs or
strategies that may include, but are not limited to, those that:
1. Support pre-arrest or pre-arraignment diversion and deflection strategies for
persons with OUD and any co-occurring SUD/MH conditions, including
established strategies such as:
1. Self-referral strategies such as the Angel Programs or the Police Assisted
Addiction Recovery Initiative (“PAARI”);
2. Active outreach strategies such as the Drug Abuse Response Team
(“DART”) model;
3. “Naloxone Plus” strategies, which work to ensure that individuals who
have received naloxone to reverse the effects of an overdose are then
linked to treatment programs or other appropriate services;
4. Officer prevention strategies, such as the Law Enforcement Assisted
Diversion (“LEAD”) model;
5. Officer intervention strategies such as the Leon City, Florida Adult
Civil Citation Network or the Chicago Westside Narcotics Diversion to
Treatment Initiative; or
6. Co-responder and/or alternative responder models to address OUD-related
911 calls with greater SUD expertise.
2. Support pre-trial services that connect individuals with OUD and any cooccurring
SUD/MH conditions to evidence-informed treatment, including MAT,
and related services.
3. Support treatment and recovery courts that provide evidence-based options for
persons with OUD and any co-occurring SUD/MH conditions.
4. Provide evidence-informed treatment, including MAT, recovery support, harm
reduction, or other appropriate services to individuals with OUD and any cooccurring
SUD/MH conditions who are incarcerated in jail or prison.
5. Provide evidence-informed treatment, including MAT, recovery support, harm
reduction, or other appropriate services to individuals with OUD and any cooccurring
SUD/MH conditions who are leaving jail or prison or have recently left
jail or prison, are on probation or parole, are under community corrections
supervision, or are in re-entry programs or facilities.
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6. Support critical time interventions (“CTI”), particularly for individuals living with
dual-diagnosis OUD/serious mental illness, and services for individuals who face
immediate risks and service needs and risks upon release from correctional
settings.
7. Provide training on best practices for addressing the needs of criminal justiceinvolved
persons with OUD and any co-occurring SUD/MH conditions to law
enforcement, correctional, or judicial personnel or to providers of treatment,
recovery, harm reduction, case management, or other services offered in
connection with any of the strategies described in this section.
E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND
THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE
SYNDROME
Address the needs of pregnant or parenting women with OUD and any co-occurring
SUD/MH conditions, and the needs of their families, including babies with neonatal
abstinence syndrome (“NAS”), through evidence-based or evidence-informed programs
or strategies that may include, but are not limited to, those that:
1. Support evidence-based or evidence-informed treatment, including MAT,
recovery services and supports, and prevention services for pregnant women—or
women who could become pregnant—who have OUD and any co-occurring
SUD/MH conditions, and other measures to educate and provide support to
families affected by Neonatal Abstinence Syndrome.
2. Expand comprehensive evidence-based treatment and recovery services, including
MAT, for uninsured women with OUD and any co-occurring SUD/MH
conditions for up to 12 months postpartum.
3. Provide training for obstetricians or other healthcare personnel who work with
pregnant women and their families regarding treatment of OUD and any cooccurring
SUD/MH conditions.
4. Expand comprehensive evidence-based treatment and recovery support for NAS
babies; expand services for better continuum of care with infant-need dyad; and
expand long-term treatment and services for medical monitoring of NAS babies
and their families.
5. Provide training to health care providers who work with pregnant or parenting
women on best practices for compliance with federal requirements that children
born with NAS get referred to appropriate services and receive a plan of safe care.
6. Provide child and family supports for parenting women with OUD and any cooccurring
SUD/MH conditions.
7. Provide enhanced family support and child care services for parents with OUD
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and any co-occurring SUD/MH conditions.
8. Provide enhanced support for children and family members suffering trauma as a
result of addiction in the family; and offer trauma-informed behavioral health
treatment for adverse childhood events.
9. Offer home-based wrap-around services to persons with OUD and any cooccurring
SUD/MH conditions, including, but not limited to, parent skills
training.
10. Provide support for Children’s Services—Fund additional positions and services,
including supportive housing and other residential services, relating to children
being removed from the home and/or placed in foster care due to custodial opioid
use.
PART TWO: PREVENTION
F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE
PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and
dispensing of opioids through evidence-based or evidence-informed programs or
strategies that may include, but are not limited to, the following:
1. Funding medical provider education and outreach regarding best prescribing
practices for opioids consistent with the Guidelines for Prescribing Opioids for
Chronic Pain from the U.S. Centers for Disease Control and Prevention, including
providers at hospitals (academic detailing).
2. Training for health care providers regarding safe and responsible opioid
prescribing, dosing, and tapering patients off opioids.
3. Continuing Medical Education (CME) on appropriate prescribing of opioids.
4. Providing Support for non-opioid pain treatment alternatives, including training
providers to offer or refer to multi-modal, evidence-informed treatment of pain.
5. Supporting enhancements or improvements to Prescription Drug Monitoring
Programs (“PDMPs”), including, but not limited to, improvements that:
1. Increase the number of prescribers using PDMPs;
2. Improve point-of-care decision-making by increasing the quantity, quality,
or format of data available to prescribers using PDMPs, by improving the
interface that prescribers use to access PDMP data, or both; or
3. Enable states to use PDMP data in support of surveillance or intervention
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strategies, including MAT referrals and follow-up for individuals
identified within PDMP data as likely to experience OUD in a manner that
complies with all relevant privacy and security laws and rules.
6. Ensuring PDMPs incorporate available overdose/naloxone deployment data,
including the United States Department of Transportation’s Emergency Medical
Technician overdose database in a manner that complies with all relevant privacy
and security laws and rules.
7. Increasing electronic prescribing to prevent diversion or forgery.
8. Educating dispensers on appropriate opioid dispensing.
G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based or
evidence-informed programs or strategies that may include, but are not limited to, the
following:
1. Funding media campaigns to prevent opioid misuse.
2. Corrective advertising or affirmative public education campaigns based on
evidence.
3. Public education relating to drug disposal.
4. Drug take-back disposal or destruction programs.
5. Funding community anti-drug coalitions that engage in drug prevention efforts.
6. Supporting community coalitions in implementing evidence-informed prevention,
such as reduced social access and physical access, stigma reduction—including
staffing, educational campaigns, support for people in treatment or recovery, or
training of coalitions in evidence-informed implementation, including the
Strategic Prevention Framework developed by the U.S. Substance Abuse and
Mental Health Services Administration (“SAMHSA”).
7. Engaging non-profits and faith-based communities as systems to support
prevention.
8. Funding evidence-based prevention programs in schools or evidence-informed
school and community education programs and campaigns for students, families,
school employees, school athletic programs, parent-teacher and student
associations, and others.
9. School-based or youth-focused programs or strategies that have demonstrated
effectiveness in preventing drug misuse and seem likely to be effective in
preventing the uptake and use of opioids.
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10. Create or support community-based education or intervention services for
families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH
conditions.
11. Support evidence-informed programs or curricula to address mental health needs
of young people who may be at risk of misusing opioids or other drugs, including
emotional modulation and resilience skills.
12. Support greater access to mental health services and supports for young people,
including services and supports provided by school nurses, behavioral health
workers or other school staff, to address mental health needs in young people that
(when not properly addressed) increase the risk of opioid or another drug misuse.
H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION)
Support efforts to prevent or reduce overdose deaths or other opioid-related harms
through evidence-based or evidence-informed programs or strategies that may include,
but are not limited to, the following:
1. Increased availability and distribution of naloxone and other drugs that treat
overdoses for first responders, overdose patients, individuals with OUD and their
friends and family members, schools, community navigators and outreach
workers, persons being released from jail or prison, or other members of the
general public.
2. Public health entities providing free naloxone to anyone in the community.
3. Training and education regarding naloxone and other drugs that treat overdoses
for first responders, overdose patients, patients taking opioids, families, schools,
community support groups, and other members of the general public.
4. Enabling school nurses and other school staff to respond to opioid overdoses, and
provide them with naloxone, training, and support.
5. Expanding, improving, or developing data tracking software and applications for
overdoses/naloxone revivals.
6. Public education relating to emergency responses to overdoses.
7. Public education relating to immunity and Good Samaritan laws.
8. Educating first responders regarding the existence and operation of immunity and
Good Samaritan laws.
9. Syringe service programs and other evidence-informed programs to reduce harms
associated with intravenous drug use, including supplies, staffing, space, peer
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support services, referrals to treatment, fentanyl checking, connections to care,
and the full range of harm reduction and treatment services provided by these
programs.
10. Expanding access to testing and treatment for infectious diseases such as HIV and
Hepatitis C resulting from intravenous opioid use.
11. Supporting mobile units that offer or provide referrals to harm reduction services,
treatment, recovery supports, health care, or other appropriate services to persons
that use opioids or persons with OUD and any co-occurring SUD/MH conditions.
12. Providing training in harm reduction strategies to health care providers, students,
peer recovery coaches, recovery outreach specialists, or other professionals that
provide care to persons who use opioids or persons with OUD and any cooccurring
SUD/MH conditions.
13. Supporting screening for fentanyl in routine clinical toxicology testing.
PART THREE: OTHER STRATEGIES
I. FIRST RESPONDERS
In addition to items in section C, D and H relating to first responders, support the
following:
1. Education of law enforcement or other first responders regarding appropriate
practices and precautions when dealing with fentanyl or other drugs.
2. Provision of wellness and support services for first responders and others who
experience secondary trauma associated with opioid-related emergency events.
J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, coordination, facilitations, training and
technical assistance to abate the opioid epidemic through activities, programs, or
strategies that may include, but are not limited to, the following:
1. Statewide, regional, local or community regional planning to identify root causes
of addiction and overdose, goals for reducing harms related to the opioid
epidemic, and areas and populations with the greatest needs for treatment
intervention services, and to support training and technical assistance and other
strategies to abate the opioid epidemic described in this opioid abatement strategy
list.
2. A dashboard to (a) share reports, recommendations, or plans to spend opioid
settlement funds; (b) to show how opioid settlement funds have been spent; (c) to
report program or strategy outcomes; or (d) to track, share or visualize key opioidor
health-related indicators and supports as identified through collaborative
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statewide, regional, local or community processes.
3. Invest in infrastructure or staffing at government or not-for-profit agencies to
support collaborative, cross-system coordination with the purpose of preventing
overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and
any co-occurring SUD/MH conditions, supporting them in treatment or recovery,
connecting them to care, or implementing other strategies to abate the opioid
epidemic described in this opioid abatement strategy list.
4. Provide resources to staff government oversight and management of opioid
abatement programs.
K. TRAINING
In addition to the training referred to throughout this document, support training to abate
the opioid epidemic through activities, programs, or strategies that may include, but are
not limited to, those that:
1. Provide funding for staff training or networking programs and services to improve
the capability of government, community, and not-for-profit entities to abate the
opioid crisis.
2. Support infrastructure and staffing for collaborative cross-system coordination to
prevent opioid misuse, prevent overdoses, and treat those with OUD and any
cooccurring SUD/MH conditions, or implement other strategies to abate the opioid
epidemic described in this opioid abatement strategy list (e.g., health care,
primary care, pharmacies, PDMPs, etc.).
L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:
1. Monitoring, surveillance, data collection and evaluation of programs and
strategies described in this opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that
demonstrate promising but mixed results in populations vulnerable to
opioid use disorders.
4. Research on novel harm reduction and prevention efforts such as the
provision of fentanyl test strips.
5. Research on innovative supply-side enforcement efforts such as improved
detection of mail-based delivery of synthetic opioids.
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6. Expanded research on swift/certain/fair models to reduce and deter opioid
misuse within criminal justice populations that build upon promising
approaches used to address other substances (e.g., Hawaii HOPE and
Dakota 24/7).
7. Epidemiological surveillance of OUD-related behaviors in critical
populations, including individuals entering the criminal justice system,
including, but not limited to approaches modeled on the Arrestee Drug
Abuse Monitoring (“ADAM”) system.
8. Qualitative and quantitative research regarding public health risks and
harm reduction opportunities within illicit drug markets, including surveys
of market participants who sell or distribute illicit opioids.
9. Geospatial analysis of access barriers to MAT and their association with
treatment engagement and treatment outcomes.
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2022 National Opioid Settlement Funding
Resources to learn more information
Michigan Office of Attorney General
- https://www.michigan.gov/opioids/opioidsettlements
- https://www.michigan.gov/ag/initiatives/opioids
National Opioids Settlement https://nationalopioidsettlement.com/
MML – Opioid Resources for communities
https://mml.org/resources-research/information/opioid_resources/
Michigan Association of Counties Opioid Settlement Resources
What is an Opioid?
Class of drugs that derive from, or mimic, natural substances found in the opium poppy plant.
Fentanyl; pain relievers available legally by prescription, such as oxycodone (OxyContin®), hydrocodone
(Vicodin®), codeine, morphine; heroin; and many others.
All opioids activate an area of nerve cells in the brain and body called opioid receptors that block pain
signals between the brain and the body.
What are the Opioid Settlements?
In 2021, a $26 billion nationwide settlement was reached to resolve all opioid litigation brought by
states and local units of governments against the three largest pharmaceutical distributors: McKesson,
Cardinal Health and AmerisourceBergen (“Distributors”), and manufacturer Janssen Pharmaceuticals,
Inc. and its parent company Johnson & Johnson (collectively, “J&J”).
According to the National Opioid Settlement, settlements have been reached with defendants Janssen,
Cardinal, McKesson, AmerisourceBergen, Teva, Allergan, CVS, Walgreens, Walmart, and Kroger Co.
Each of the agreements dictate the terms of the settlements.
Opioid settlement funds are intended to serve those most profoundly impacted by the drug overdose
crisis, with allowable uses focusing on prevention, harm reduction, treatment and recovery.
About the Opioid Settlements
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State of Michigan estimated to receive approximately $1.6 billion, by 2040.
Settlement funds distributed to Michigan's state and local governments (county, city, townships).
Fifty percent of funds go to county, city, and township governments. The estimated local
government share is $725 million.
Fifty percent of funds go to the state’s designated fund, The Michigan Opioid Healing and
Recovery Fund. The estimated state share is $887 million.
A state-subdivision agreement between the State of Michigan and local government directs how opioid
settlement funds are distributed.
Payments are based on a national allocation formula which considers opioid overdose fatalities,
prevalence of opioid use disorder and distribution of opioids.
Local governments also have the ability to combine funds with counties, cities, townships and
municipalities.
Payment amounts will differ among the various settlements and may not be received annually.
How much will my local government receive?
Since February 2023, the City of Muskegon has received $171,244.19.
02/01/2023 OPIOID SETTLEMENT 60,359.82
08/03/2023 OPIOD SETTLEMENT 7,935.82
11/02/2023 OPIODS SETTLEMENT FUND 3,182.11
11/02/2023 OPIODS SETTLEMENT FUND 3,979.52
8/31/24 OPIODS SETTLEMENT FUND 16,444.56
06/03/2024 DISTRIBUTOR PAYMENT 7 7,238.03
06/03/2024 TEVA PAYMENT 1 3,493.79
8/31/24 TEVA PAYMENT 2 3,576.33
06/03/2024 WALMART PAYMENT 1 40,697.35
06/03/2024 CVS PAYMENT 1 4,269.65
8/31/24 CVS PAYMENT 2 3,114.12
06/03/2024 ALLERGAN PAYMENT 1 4,481.01
8/31/24 ALLERGAN PAYMENT 2 4,529.45
06/03/2024 WALGREENS PAYMENT 1 5,107.81
06/03/2024 WALGREENS PAYMENT 2 2,834.82
171,244.19
The City expects to receive approximately $605,256.92 through 2040.
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Estimated payments by settlement can be found through the Opioid Settlement Payment Estimator
under “Resources” on the Michigan Department of Attorney General Opioids website.
Distributor $280,994.04
Janseen $65,360.09
Teva $50,706.06
Allergan $30,208.23
CVS $67,072.34
Walmart $37,982.03
Walgreens $72,934.14
Total $605,256.92
Other Muskegon County governmental units receiving settlement funding
Muskegon County $11,450,648.78
Egleston Twp $34,302.66
Fruitport Twp $74,900.16
Muskegon Twp $124, 939.82
Muskegon Heights $173,266.31
Norton Shores $242,987.17
How will the settlement funds be spent?
The majority of funds must be spent on opioid remediation, according to the national opioid settlement.
Opioid remediation: Care, treatment, and other programs and expenditures designed to:
1. Address the misuse and abuse of opioid products.
2. Treat or mitigate opioid use or related disorders.
3. Mitigate other alleged effects of, including on those injured as a result of, the opioid epidemic.
Are there restrictions on how funds can be used?
Each of the 2022 National Opioid Settlements include a list of approved uses for the settlement’s
remediation funds.
Exhibit E is a non-exhaustive list of possible ways that opioid settlement funds can be spent. The
document includes a list of “Core Strategies” and “Approved Uses”.
Core Strategies
- Naloxone or other FDA-approved drug to reverse opioid overdoses
- Medication-assisted Treatment (MAT) distribution and other opioid-related treatment
- Address needs of pregnant and postpartum women
- Expanding treatment for Neonatal Abstinence Syndrome (NAS)
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- Expansion of warm hand-off programs and recovery services
- Treatment for incarcerated population
- Prevention programs
- Expanding syringe service programs
- Evidence-based data collection and research analyzing the effectiveness of the abatement
strategies within the state
Approved Uses
Approved Uses – Treatment:
- Treat Opioid Use Disorder (OUD)
- Support people in treatment and recovery
- Connect people to the help they need (connections to care)
- Address the needs of criminal justice-involved persons
- Address the needs of pregnant or parenting women and their families, including babies with
NAS
Approved Uses – Prevention:
- Prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids
- Prevent misuse of opioids
- Prevent overdose deaths and other harms (harm reduction)
Approved Uses – Other Strategies:
- Support first responders
- Leadership, planning and coordination
- Training
- Research
Local Reporting on Opioid Settlement Funds
Michigan Opioid Settlement County Reporting: Data Overview
Local governments in Michigan are required to report expenditures that do not align with the definition
of “opioid remediation” and Exhibit E, on a biannual basis. These reports can be found on the Non-
Opioid Remediation Use Reporting website.
MI Association of Counties (MAC) Opioid Settlement Reporting Survey
- According to a June 2024 survey of county opioid settlement spending –
o Most counties are in planning processes with development of steering committees and
community assessments.
o Half of the counties indicated that no funds had yet been spent.
o Counties are primarily funding treatment in jail settings, primary prevention, and harm
reduction activities (naloxone access only).
o Most counties are not combining funds with other governments and have created a
separate fund to ensure settlement funds are not combined with general funds.
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- Recommendations include:
o Increased education on harm reduction, recovery support strategies, data collection,
and treatment for pregnant and parenting people and infants.
o Increased education around the importance and process of including those with lived
and living experience with substance use in planning efforts.
o Increased education around how to ensure funds reach those most profoundly
impacted by substance use and the drug overdose crisis.
o Increased understanding of funding schedules and how to determine average annual
amounts for spending or which funding models counties are utilizing.
o Increased opportunities for collaboration across local governments.
o Increased awareness of how local gov’s can leverage state opioid settlement funds.
Limitations of Opioid Settlement Funding
Some local units have created a separate fund to ensure settlement funds are not combined with
general funds.
The inconsistent annual distribution and payment schedule of funds to local units are not enough to
create new city programming around this issue.
Unlike the City’s Marihuana Social Equity Grant & Loan Program where flexibility exists on the eligible
uses of those funds, Opioid Settlement funds are limited to prevention, harm reduction, treatment and
recovery.
County of Muskegon’s FY24 Opioid Settlement Fund Grant, established in 2023.
- 3/16/23 – county staff presented preliminary proposal to board. Board directed staff to receive
community input.
o Public Health aligned their efforts with the MI Association of Counties Public Facing
Planning Process to understand the current landscape.
o County consulted with the Muskegon Community Opiate Task Force to serve as subject
matter experts and an advisory group.
o County reviewed most recent Medical Examiner’s reports, statistics on drug-related
deaths, etc.
o County reference the Coalition for a Drug Free Muskegon’s Strategic Plan for 2023-2028.
- 9/21/23 – Public Health presented Opioid Settlement Funds Proposal to the Board.
- 12/19/23 – Board approved Distribution Plan
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- 1/22/24 – Public Health issued an invitation to apply for grant funds via an RFP. (Year 1 of the
grant program)
- 4/16/24 – Board approved 7 opioid settlement funding grant awards totaling $233,710 for the
period April 1, 2024 – Sept 30, 2024.
o The intent was to solicit proposals “for the purposes of reducing the adverse impacts of
the drug overdose crisis, preventing initiation of substance abuse and supporting
treatment and recovery for those most profoundly impacted by this crisis.”
- 6/12/24 – Public Health issued an invitation to apply for grant funds via an RFP for Oct 1, 2024 –
Sept 30, 2025. (Year 2 of the grant program)
County Opioid Settlement Fund Distribution Plan
- County plans to allocate $600,000 per year
- County plans to annually review program
- 5% of settlement funds are set aside for admin expenses
- 25% to internal county operations (excluding HealthWest and Public Health)
- 10% to be held in an emergency/contingency fund. Organizations that provide services for
county residents affected by substance-abuse may apply for these funds. Unused funds are
rolled over.
- Municipalities will be invited to contribute to this grant and process for distribution.
- Remaining 60% will be allocated for activities in the strategic categories of prevention,
treatment, harm reduction, recovery, and criminal/legal.
- In 2023, 7 grants awarded totaling $233,710. Grantees could apply up to $35,500 each. Grantees
enter into an extensive Grant Agreement.
Agency Category Amount
Fresh Coast Prevention, recovery, harm reduction $23,913
Life Align Harm Reduction $35,500
Life Align Recovery $35,500
Health Project Prevention, harm reduction $33,500
Red Project Harm reduction $35,000
Arbor Circle Treatment $34,816
Arbor Circle Recovery $34,981
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BOARD OF
COMMISSIONERS
Charles Nash
Chair, District 5
Wednesday, June 12, 2024
Marcia Hovey-Wright
Vice Chair, District 4 Opioid Prevention Grant Proposals
REQUEST FOR PROPOSAL
Kim Cyr 24-2550
District 1
Zach Lahring Requesting Agency Public Health
District 2
Solicitation Type Request for Proposals
Michelle Hazekamp Description The County of Muskegon invites organizations addressing
District 3 opioid prevention, harm reduction, treatment, and
recovery to apply for funding to support the development,
Jessica Cook implementation, enhancement, or expansion of programs
District 6 and services for the Muskegon County population. This
includes programs addressing substance use disorders,
Darrell L. Paige polysubstance use, and co-occurring mental health
District 7 disorders.
Deadline for Questions Tuesday, July 9, 2024 at 2:00 PM
Response to Questions Friday, July 12, 2024
Proposal Deadline Thursday, July 18, 2024 at 2:00 PM
Zoom Link Click here for Link Passcode: 2550
The Muskegon County Board of Commissioners would like to thank you for the interest in this
solicitation being presented. A set of conditions and specifications/requirements are enclosed.
The time of receipt shall be determined by the time clock stamp in the electronic Bidnet system.
Respondents are responsible for ensuring that their proposal response is submitted by the deadline
indicated.
No late proposal responses will be accepted.
Sincerely,
Angela Gasiewski
Angela Gasiewski, CPA
Finance Director
DEPARTMENT OF FINANCE & MANAGEMENT- PROCUREMENT • 1903 MARQUETTE AVENUE, SUITE A106 •
MUSKEGON, MI 49442
(231) 724-6281 • bids@muskegoncounty.net • www.co.muskegon.mi.us
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TABLE OF CONTENTS
Contents
TABLE OF CONTENTS..................................................................................................................................... 2
PROPOSAL PACKET CHECKLIST...................................................................................................................... 3
PROPOSAL CERTIFICATION/NON-COLLUSION AFFIDAVIT............................................................................ 4
MINORITY VENDOR CERTIFICATIONS ........................................................................................................... 4
CERT. REGARDING DEBARMENT, SUSPENSION, & OTHER RESPONSIBILITY MATTERS ................................ 5
NON-DISCRIMINATION STATEMENT............................................................................................................. 6
NO PROPOSAL RESPONSE FORM .................................................................................................................. 7
ADDENDA SUMMARY ................................................................................................................................... 8
REFERENCES/WORK EXPERIENCE ................................................................................................................. 9
PROPOSAL SUMMARY................................................................................................................................. 10
PROPOSAL SPECIFICATIONS ........................................................................................................................ 11
PROPOSAL CONDITIONS/INSTRUCTIONS TO RESPONDERS........................................................................ 15
INSURANCE REQUIREMENTS....................................................................................................................... 21
Appendix A .................................................................................................................................................. 23
Appendix B .................................................................................................................................................. 24
Appendix C .................................................................................................................................................. 25
Appendix D.................................................................................................................................................. 26
Page 2
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PROPOSAL PACKET CHECKLIST
Please complete the required/requested forms below and check them off this list as you complete them.
Return the completed forms to the Muskegon County Procurement Office with your proposal response.
Not
Complete Applicable
Proposal Invitation Cover Letter
Proposal Certification/Non-Collusion Affidavit &
Minority Supplier Certification
Addenda Summary (Go to
https://www.bidnetdirect.com/mitn/muskegon-county for Addenda.)
References / Work Experience
Debarment, Suspension and other Responsibility Matters
Non-Discrimination Statement
No Proposal Response Form
Narrative Components:
Problems to be Addressed
Goals and Objectives
Program/Project Design
Measuring Successes and Quality Improvement
Sustainability
Organizational Description and Capacity
Budget Summary (Excel Form provided)
Budget Narrative (Please submit in either Word or PDF format – no
more than 1-page total)
Supporting Documents:
Resume and/or biography of Project
Director Letters of support from partner
organizations IRS W-9
IRS Determination Letter
3
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PROPOSAL CERTIFICATION/NON-COLLUSION AFFIDAVIT
I certify that this proposal is made without prior understanding, agreement, or connection with any
corporation, firm or person submitting a proposal for the same materials, supplies, equipment, or service,
that it meets or exceeds all specifications contained herein, and is in all respects fair and without collusion
or fraud. The Respondent’s signature declares under penalty of perjury of the laws of the United States that
the Responder submitting this proposal, its agents, officers or employees have not directly or indirectly
entered into any agreements, participated in any collusion, or otherwise taken any action in restraint of free
competitive bidding in connection with this proposal for the above project. I agree to abide by all conditions
of this proposal and certify that I am authorized to sign for the Responder.
Proposal Number: 24-2550 Opioid Prevention Grant Proposals
Responder: _________________________________________
Responder Address: _________________________________________
_________________________________________
_________________________________________
Phone Number: _________________________________________
Fax Number: _________________________________________
Signature: _________________________________________
Name Printed: _________________________________________
Title: _________________________________________
Date Signed: _________________________________________
E-Mail: _________________________________________
Website: _________________________________________
MINORITY VENDOR CERTIFICATIONS
Please check all that apply:
The Responder represents that it IS IS NOT a woman or women-owned business.
The Responder represents that it IS IS NOT a minority-owned business.
The Responder represents that it IS IS NOT a disadvantaged business enterprise.
The Responder represents and warrants that the company meets the above and can provide
supportive documentation upon request. Any lines left unchecked will be considered as if the “IS
NOT” box has been checked.
____________________________________________________ ______________________
Authorized Agent Signature Date
____________________________________________________
Authorized Agent Printed Name
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COUNTY OF MUSKEGON
CERT. REGARDING DEBARMENT, SUSPENSION, & OTHER RESPONSIBILITY MATTERS
The prospective participant certifies, to the best of its knowledge and belief, that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from participation in transactions under federal non-procurement programs by any federal
department or agency.
2. Have not, within the three-year period preceding the proposal, had one or more public transactions
(federal, state, or local) terminated for cause or default, have ever been on the Prevailing Wage
Violator’s Registry or are currently being investigated under current name or any DBA’s, corporate
names, subsidiaries or other business entities under which you have operated in the last three
years; and
3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal,
state, or local) and have not, within the three-year period preceding the bid, been convicted or had
a civil judgment rendered against it.
A. For the commission of fraud or a criminal offense in connection with obtaining, attempting
to obtain, or performing a public transaction (federal, state, or local) or a procurement
contract under such a public transaction.
B. For the violation of federal or state antitrust statutes, including that proscribing price fixing
between competitors, the allocation of customers between competitors, or bid rigging, or
C. For the commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property.
I understand that a false statement on this certification may be grounds for the rejection of this proposal or
the termination of the award. In addition, under 18 U.S.C. § 1001, a false statement may result in a fine of
up to $10,000 or imprisonment for up to five years, or both.
Name/Title of Authorized Representative Name of Participant Agency or Firm
Signature of Authorized Representative Date
□✓ I am unable to certify to the above statement. Attached is my explanation.
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COUNTY OF MUSKEGON
NON-DISCRIMINATION STATEMENT
Responder Name:
Project Name: Opioid Prevention Grant Proposals
Project #: 24-2550
The Respondent’s signature indicates that respondent agrees that no individual shall, on the grounds of
race, creed, age, color, national origin or ancestry, religion, sex, marital status or handicap be excluded
from participation, be denied the benefit of, or be otherwise subjected to discrimination under any program
or activity provided by this respondent.
Respondent further agrees that every subcontract entered into for the performance of this contract will
contain a provision prohibiting discrimination against minority, women and handicapper owned businesses
in subcontracting, and making discrimination a material breach of contract.
Authorized Signature Date
Note: Failure to submit the signed statement as part of the proposal will be cause for rejection of the
proposal.
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NO PROPOSAL RESPONSE FORM
Muskegon County Procurement Office
Central Services Building, 2nd Floor
141 E. Apple Avenue, East Entrance
Muskegon, MI 49442
bids@muskegoncounty.net
Fax (231) 724-3337
We would appreciate you completing this form if you do not intend to respond to this request.
Proposal: 24-2550 Name: Opioid Prevention Grant Proposals
Response
1. Specifications are too tight, i.e., geared toward one (1) brand or manufacturer only
(explain below). __________
2. Specifications are unclear (explain below). __________
3. We are unable to meet specifications. __________
4. Insufficient time to respond. __________
5. Our schedule would not permit us to perform within the required time. __________
6. We are unable to meet bond requirements. __________
7. We are unable to meet insurance requirements. __________
8. We do not offer this product or service. __________
9. Other (explain below). __________
REMARKS:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
Company Name: ______________________________________________________________________
Signature: _________________________________ Printed Name: _____________________________
Title: _____________________________________ Date: ____________________________________
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ADDENDA SUMMARY
If the County of Muskegon finds it necessary to post revisions, clarifications or additional information in regards
to 24-2550 they will be posted to https://www.bidnetdirect.com/mitn/muskegon-county. The County is not bound
by any oral representations, clarifications, or changes made in the RFP by the County or its agents, unless such
clarifications or change is provided in written addendum from the County of Muskegon Procurement Office.
Please initial below acknowledging receipt of any addenda (give number and date of each). If none were
received, please indicate this as well.
Addendum Number Addendum Date Initials
____________________________ ________________________ ______
____________________________ ________________________ ______
____________________________ ________________________ ______
____________________________ ________________________ ______
____________________________ ________________________ ______
Company Name: ___________________________________
Printed Name: ___________________________________
Signature: ___________________________________
NOTE: Failure to acknowledge all issued Addenda may be cause for rejection of proposal. Go to
https://www.bidnetdirect.com/mitn/muskegon-county for Addenda.
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REFERENCES/WORK EXPERIENCE
Do not include County of Muskegon personnel. The Responder must furnish at least three (3) references from
persons who can attest to the quality of similar prior work performed:
1. Company Name: __________________________________________________
Street Address: __________________________________________________
City/State/Zip Code: __________________________________________________
Contact Person: __________________________________________________
Telephone No.: __________________________________________________
Email Address: __________________________________________________
2. Company Name: __________________________________________________
Street Address: __________________________________________________
City/State/Zip Code: __________________________________________________
Contact Person: __________________________________________________
Telephone No.: __________________________________________________
Email Address: __________________________________________________
3. Company Name: __________________________________________________
Street Address: __________________________________________________
City/State/Zip Code: __________________________________________________
Contact Person: __________________________________________________
Telephone No.: __________________________________________________
Email Address: __________________________________________________
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PROPOSAL SUMMARY
Please complete the Excel Opioid Settlement Fund Budget Summary which has been provided in the
documents section. For your reference, the Budget Summary appears like this:
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PROPOSAL SPECIFICATIONS
If there are any questions regarding the following specifications, please contact the Procurement Office at
the Bidnet Hub website at: https://www.bidnetdirect.com/mitn/muskegon-county
Note: The County of Muskegon reserves the right to weigh each specification as to its importance to the
needs of the department.
Muskegon County Public Health Department
Opioid Prevention Grant Proposals
Background
In 2021, a nationwide settlement was reached to resolve all opioid litigations brought by states and local
political subdivisions against the three largest pharmaceutical distributors: McKesson, Cardinal Health and
AmerisourceBergen (“Distributors”), and manufacturer Janssen Pharmaceuticals, Inc. and its parent
company Johnson & Johnson (collectively, “J&J”).
Michigan is slated to receive a portion of the national settlement funds over 18 years. Fifty percent (50%)
of the settlement amount is being sent directed to county and local governments. The national agreement
also requires significant industry changes that will help prevent this type of crisis from ever happening again.
In 2022, additional settlements with pharmacies and manufacturers were announced, including CVS,
Walmart, Allergan, and Teva. These four settlements are expected to bring more dollars to Michigan,
divided, with fifty percent (50%) directed to local governments.
Michigan can also expect additional funds received through companies Purdue Pharma, Mallinckrodt PLC,
and Endo, which are pursuing bankruptcy plans that include funding opioid abatement trusts. The dollar
amount of these settlements has not been disclosed as of June 2024.
Purpose
Use of Muskegon County opioid settlement funds are intended to improve the quality of life, decrease
dependence, and increase support for the recovery of individuals, families, and communities affected by
the opioid crisis. Programs and activities funded by this program should be data driven, considered
evidence-based or a promising practice as established through research and study, and enhance existing
community programs and services. Expected long-term community outcomes include an increase in
persons seeking treatment, a decrease in criminal justice involvement, more individuals reporting an
increase in recovery capital, and ultimately a decrease in overdose related deaths.
Eligibility
1. Any public, private, or non-profit organization, other than departments or agents of the County of
Muskegon, may apply as long as they serve persons that reside or work in Muskegon County.
2. Proposal Review Committee members, and the agencies they represent, are not eligible for funding.
Match Requirement
There is no match requirement for this program; however, applicants are asked to report any additional
funding sources for the project in the application.
Fiscal Year (FY) 2025 Available Funds
While the selection process will use a competitive Request for Proposals (RFP) process, the number of
awards will be dependent on the amount of funds available for annual allocation. The total amount available
for all allocations in FY25 is $590,000, of which $355,000 will be distributed via award process.
The County of Muskegon expects to evenly distribute awards for proposals addressing the categories of
prevention (20%), treatment (20%), recovery (20%), harm reduction (20%) and criminal/legal (20%) for
FY25 (See Michigan Opioids Task Force 2020 Annual Report for information, definitions, and examples of
categories).
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The County of Muskegon is planning to award a total of ten (10) proposals for up to $35,500 each. A single
agency may submit multiple proposals; however, they must address different categories (see Proposal
Cover Sheet question #12). Up to two (2) proposals may be awarded to a single (1) organization.
Funded Organization Requirements
1. Funds must be used to serve persons residing or working in Muskegon County.
2. Funds must be expended within the associated County of Muskegon fiscal year (Ending September
30).
3. All activities must align with Exhibit E and the definition of opioid remediation (see Appendix A).
4. Provide data on program outputs, outcomes, impact, and effectiveness following agreed upon metrics
with Review Committee.
5. Submit timely and complete periodic and final narrative and financial reports (see page 1 of this RFP).
6. Participate in an annual community needs assessment survey.
7. Will be highly encouraged to participate in Muskegon Community Opioid Task Force, Overdose
Fatality Review Team, and other related collaborative group meetings.
8. Multiple year projects can be proposed; however, future funding will be evaluated through the
reapplication process annually.
9. Only expenditures made on or before September 30 for any fiscal year, will be reimbursed.
10. Must retain receipts for all expenditures and be available for audit upon request.
Allowable Costs
Awarded funds may be used for match in other applications.
Compensation related to personnel or consulting services must be reasonable and comparable to that
paid for similar work in the labor market.
Equipment purchase with a unit cost of $5,000 or greater may be allowed with prior approval. Please
include a detailed description of use in the budget narrative. Rationale will be evaluated by Review
Committee and at time of award.
Expenses such as food, stipends, or incentives may be approved for up to 10% of total budget.
Applicants are required to include a detailed description of use in the budget narrative. Final approval
for the use of funds will be made by the Grantor at time of award.
Travel expenses should follow the state rates for food and travel.
https://www.michigan.gov/dtmb/services/travel.
Unallowable Costs
Advertising unless those that are solely for program outreach and specific purposes necessary to meet
goals of the project.
Alcoholic Beverages.
Capital expenditures such as building or land purchase or construction.
Entertainment except where it has a programmatic purpose.
Funding that reimburses past programs or expenditures in the care and/or treatment of opioid related
disorders.
Fundraising activities.
Goods or services for personal use.
Lobbying activities.
Due Dates and Submission Requirements
Project narratives should be single-spaced, 11pt font, and submitted in either Word or PDF format.
Please limit the use of acronyms. If they are used, they must be spelled out when first referenced.
Proposal narratives greater than 5 pages, excluding cover page, budget, budget narrative, and other
supporting documents (letters of support, memorandums of understanding, resumes, etc.) will not be
reviewed.
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Proposals, including all supporting documents, must be submitted through Bidnet no later than 2:00
PM , Thursday, July 28, 2024.
Scoring
Problems to be Addressed (10%)
This section of the program narrative must clearly:
1) Identify the proposal target population. Applicants are welcome to include data, anecdotal stories, etc.
to demonstrate why this is a population of focus for this project/effort.
2) Discuss the problems and gaps in service to be addressed.
3) Explain how your proposed program/project/activity will fill those gaps without unnecessarily duplicating
community efforts.
4) How will this award enhance the work that your organization, and community, is already doing to serve
the population of focus?
Goals and Objectives (20%)
This section of the program narrative must reflect:
1) Allowable Uses of Funds & Funding Restrictions (Appendix A)
2) The 2020 Michigan Opioid Task Force Annual Report’s State of Michigan Opioid Strategy categories
of Prevention, Treatment, Harm Reduction, Recovery, Criminal/Legal
3) The high-risk target audiences identified in the Proposal Cover Sheet in application packet
4) Objectives written in a SMART format (Appendix B)
Project/Program Design (20%)
Please provide no more than 2 paragraphs describing program/project implementation, quality assurance,
and evaluation. In addition, provide a grant period timeline (through September 30) containing each project
goal, related objective, activity, completion time, and responsible party.
Measuring Successes and Quality Improvement (20%)
Please share how your organization will measure project/program successes as well as identify and correct
failures in processes and/or programming.
Sustainability (10%)
Please include how your organization plans to sustain the project/program after the funding cycle. Describe
any community collaborations or partnerships that will help sustain the proposed project/program.
Organizational Description and Capacity (15%)
This section of the program narrative must:
1) Identify principal individuals and their positions in the project/program along with a description of
credentials/licenses held with the Michigan Certification Board of Addiction Professionals (MCBAP) or
other State licensing agency
2) Address organizational capacity to successfully execute proposed program
3) Share your organizational mission statement
Budget (Appendix C for instructions) and Budget Narrative (not included in narrative score)
The applicant must provide a budget that is:
1) Complete, allowable, and cost effective in relation to the proposed activities.
2) Shows the cost calculations demonstrating how the applicant arrived at the total amount requested.
3) Includes in-kind contributions or other sources of funding for the proposed project.
4) Provides brief supporting narrative to link costs with project implementation.
Selection Criteria
Applications that meet all the eligibility requirements will be evaluated and rated by a Review Committee
appointed by the County Board of Commissioners. Due to the specificity of this funding and the need to
assure use of evidence-based and/or best practices are part of funded proposals, the review team may
consult with substance use disorder experts, who have no conflict of interest, to determine funding eligibility.
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The Review Committee will use scoring matrix method (Appendix D) for selecting awardees. Proposals with
the highest scores will receive the highest consideration for funding. The number of awards, and award
amounts, will vary depending on the amount funding available for the particular funding cycle.
In the case where a project is not funded, a representative from the Review Committee will contact the
submitting organization and be available for a constructive proposal critique in an effort to improve the
applicant’s chances of success in future year funding cycles.
Questions
Inquiries regarding this request for proposal are to be submitted through Bidnet Direct website, see Proposal
Conditions/Instructions for details.
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PROPOSAL CONDITIONS/INSTRUCTIONS TO RESPONDERS
These conditions are an integral part of the request for proposals and the Responder must comply with
them.
1. Proposal Submittals
Responder must submit proposals on these forms as requested. Proposals may be submitted
electronically through the Bidnet site.
Proposals may also be submitted in a physical package, please call 231-724-6281 to make
appointment for delivery/drop-off.
For electronic submittal, proposals may be submitted at the Bidnet site only. Proposal offers sent by
other electronic devices are NOT acceptable and will be rejected upon receipt.
A. Responses submitted electronically will be submitted through the online Bidnet Portal at:
https://www.bidnetdirect.com/mitn/muskegon-county. Electronic submissions by other methods
will not be accepted. Preferred viewing browsers are Internet Explorer 11, Microsoft Edge,
Google Chrome, or Mozilla Firefox. JavaScript must be enabled.
B. Submission materials should be prepared in the file formats listed under Requested Information
for this opportunity in the Bidnet Portal. The maximum upload file size is 1000 MB. Documents
should not be embedded with uploaded files, as the embedded files will not be accessible or
evaluated.
2. Specification Inquiries / Proposal Procedure Inquiries
The sole point of contact concerning the Request for Proposal (RFP) is the Muskegon County
Procurement Office at the Bidnet portal at: https://www.bidnetdirect.com/mitn/muskegon-county.
Contacting any other personnel, agent, consultant or representative may result in disqualification.
To contact the County of Muskegon or ask questions in relation to this RFP, respondents must register
with the Muskegon County’s public purchasing portal at https://www.bidnetdirect.com/mitn/muskegon-
county (the “Portal”) and initiate the communication electronically through the Opportunity Q&A. The
Organization will not accept any respondent’s communications by any other means, except as
specifically stated in this RFP.
Questions must be submitted no later than the time and date specified on the cover of this
document. In the interest of transparency, only written questions will be accepted. Answers to
questions will be posted on https://www.bidnetdirect.com/mitn/muskegon-county
3. Response Preparation.
Responders must follow the instructions and provide a complete response to all specifications.
Responder should include its company name in the header of all response documents. All cost
associated with the submittal and preparation shall be borne by the respondent. This solicitation does
not require the County to offer a contract.
4. Recommended Pre-Proposal Meeting
A representative from the responder’s company is encouraged to attend the recommended pre-
proposal meeting. This is a non-mandatory meeting and therefore failure to attend the meeting will not
result in the respondent being disqualified from bidding.
5. Clarification Request
If the County determines, after the deadline to submit proposals, that a responder’s proposal is not
clear, the County reserves the right to issue a request (‘Clarification Request”) to a responder to clarify
its proposal. Failure to respond to a Clarification Request may be cause for disqualification.
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6. Reservations
The County reserves the right to discontinue the RFP process at any time for any reason. The issuance
of an RFP, your preparation and submission of a proposal and the County’s subsequent receipt and
evaluation of your proposal does not commit the County to award a Contract to you or anyone, even
if all the requirements in the RFP are met.
7. Vendor/Respondent Complaints or Protests
The County of Muskegon has established administrative procedures for handling vendors complaints
in a fair and timely manner. Vendors should observe the following steps in order to file complaints:
Step 1
The vendor must contact the Director of Finance within seven (7) days of the incident about which he
or she has a complaint. The Director of Finance will reply verbally or in writing to the vendor after
discussion with the County Administrator.
Step 2
If the vendor is dissatisfied with the Director of Finance’s reply, an appeal must be made in writing
within seven (7) days to the Muskegon County Board of Commissioners.
8. Freedom of Information Act
Proposals will be available for public inspection after the award announcement, except to the extent
that a respondent designates trade secrets or other proprietary data to be confidential. Material
designated as confidential must be readily separable from the remainder of the proposal to facilitate
public inspection of the non-confidential portion of the proposal. A respondent’s designation of
material as confidential will not necessarily be conclusive and the respondent may be required to
provide justification why such material should not be disclosed, on request, under the Michigan
Freedom of Information Act.
9. Rights to Information Contained in Proposals
All Proposals will be considered the property of Muskegon County.
10. Responder Samples, Brochures and Literature
Include brochures, literatures and samples if available. Samples of items when required, must be
furnished free of expense to the County and upon request, be returned to the Responder at the
Responder’s expense. Samples of selected items may be retained for comparison purposes.
11. Commission Privilege
The Board of Commissioners reserves the right to accept or reject any or all proposals, reserves all
rights granted to it by law, reserves the right to waive formalities and to take such action, as it deems
necessary in the best interest of the County of Muskegon.
12. Legal Requirements
Federal, State, County and local ordinances, rules and regulations, and policies shall govern
development, submittal and evaluation of proposals and disputer about proposals. Lack of knowledge
by a Responder about applicable law is not a defense.
13. Forum Selection
Any litigation regarding the agreement or its contents shall be filed in the County of Muskegon, if in a
State Court, or in the United States District Court of the Western District of Michigan, if in Federal
Court.
14. Execution of Counterparts
The agreement may be executed in any number of counterparts and each such counterparts shall for
all purposes be deemed to be an original; and all such counterparts, or as many of them as the parties
shall preserve undestroyed; shall together constitute one and the same instrument.
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15. Respondent/Offeror Representation
Each respondent/offeror must sign the proposal with his/her usual signature and shall give his/her full
business address on the form provided in this Request for Proposals.
Proposals by partnership shall be signed with the partnership name by one of the members or by an
authorized representative. Proposals by corporations shall be signed with the name of the corporation
followed by the signature and designation of the president, secretary or other person authorized to
bind it in the matter.
16. Subcontracting
No portion of this proposal may be subcontracted without the prior written approval by the County. It
may be in the best interest of the awardee to subcontract some parts of any given job; however, the
successful Respondent will be held responsible by the County for the quality, delivery and all terms
and conditions of this proposal.
17. Assignment
Any purchase order awarded shall not be assignable by the successful Respondent without the
express written approval of the County and shall not become an asset in any bankruptcy, receivership
or guardianship proceedings.
18. Civil Rights
A. The responder assures that in accordance with Title VII of the Civil Rights Act of 1964 (42U.S.C.
2000 et seq.); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794); Title IX
of the Education Amendment of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686); the Age
Discrimination Act of 1975, as amended (42 U.S.C. 6101 et seq.); the Regulations issued
thereunder (45 CFR Parts 80, 84, 86, and 91); the Michigan Persons with Disabilities Civil Rights
Act 220 of 1976, as amended; the Handicapper Business Opportunity Act, Public Act 112 of 1988
(MCL 450.791-45.795); the Qualified Service-Disabled Veteran-Owned Preference, Public Act 91
of 2005 and 133 of 2008 (MCL 18.261); the Americans with Disabilities Act, Public Law 101-336 of
1990 and the ADA Amendments Act public Law 110-325, and the Michigan Elliot-Larsen Civil
Rights Act 453 of 1976 that no individual shall, on the grounds of membership in a protected class
be excluded from participation, be denied the benefit of, or be otherwise subjected to discrimination
under any program or activity provided by this responder.
Assurance is given to the County that good faith efforts will be made to identify and encourage the
participation of minority, women, handicapper and disadvantaged business enterprises in contract
solicitations. The responder shall incorporate language in all contract awards: 1) prohibiting
discrimination against minority, women, handicapper and disadvantaged businesses in
subcontracting; and 2) making discrimination a material breach of contract.
B. The responder assures that it meets the requirements of the Drug Free Workplace Act of 1988, 34
CFR Part 85, Sub-Part F.
C. The County of Muskegon operates on an equal opportunity basis in its bidding policy (Title VII of
Civil Rights Act of 1964, Equal Opportunity Clause, Executive Order 11246, Chapter 60, Sub-Part
A, 60-I.4, Revised Order No. 4). Bidding is open to all interested parties, in compliance with
national, state and local laws.
The decision of the County of Muskegon, acting through the Director of Finance or their authorized
representative, shall be final as to what constitutes acceptable deviations from specifications.
19. Michigan Iran Economic Sanctions Act, 2012 P.A. 517
Pursuant to the Michigan Iran Economic Sanctions Act, 2012 P.A. 517, by submitting a bid, proposal
or response, Respondent certifies, under civil penalty for false certification, that it is fully eligible to
do so under law and that it is not an “Iran linked business,” as that term is defined in the Act.
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20. Responder Arrears
No proposal shall be accepted from and no contract will be awarded to any person, firm or corporation
that is in arrears to the County upon debt or contract that is a defaulter, as surety or otherwise, upon
any obligation to the County, or that is deemed irresponsible or unreliable by the County. If requested,
respondents/offerors shall be required to submit satisfactory evidence that they have a practical
knowledge of the particular supply/service bid and that they have the necessary financial resources to
provide the proposed supply/service as described in the Specifications.
21. Errors/Omissions/Discrepancies
Any errors, omissions or discrepancies in the specifications discovered by a prospective successful
Responder and/or service provider shall be brought to the attention of the Director of Finance as soon
after discovery as possible. Further, the successful Responder and/or services provider shall not be
allowed to take advantage of errors, omissions or discrepancies in the specifications.
22. Solicitation Opening
Solicitations will be opened and the responder names read publicly online via Zoom meeting. A
meeting invite is embedded in the cover page of the solicitation or you can request an invite by sending
an email to bids@muskegoncounty.net.
23. Proposal Changes
No late proposals will be accepted. Proposals, amendments thereto, or withdrawal requests
received after the time advertised for proposal opening will be void regardless of when they were
mailed.
24. Proposal Results
Responders who submitted a proposal and who wish to know the results before the award may visit
the Bidnet web site at https://www.bidnetdirect.com/mitn/muskegon-county.
25. Gender
For the benefit of brevity, when the pronouns “he” or “his”/“she” or “her” are used, it is not intended to
denote the gender of any person.
26. Exceptions
The respondent shall furnish a statement on company letterhead giving a complete description of all
exceptions to the terms, conditions and specifications. Failure to furnish the statement will mean
that the respondent agrees to meet all requirements of the terms, conditions and
specifications.
27. Ownership and Use of Documents
A. All documents prepared in connection with the Submittal will become the property of the County
whether any project related to this agreement is executed or not.
B. The successful Responder will retain all of its records and supporting documentation relating to
this RFP, and not delivered to the County, for a period of three years, except that in the event the
successful Responder goes out of business during that period, it will turn over to the County all
of its records relating to the project for retention by the County.
28. Termination for Convenience
Muskegon County may terminate a solicitation or contract, in whole or in part, whenever the County
determines that such termination is in the best interest of the County, without showing cause, upon
giving notice to the successful Responder. Muskegon County does not pay for cost associated with
the solicitation process. Muskegon County shall pay all reasonable costs incurred by the successful
Responder up to the date of termination. However, in no event shall the successful Responder be paid
any amount, which exceeds the price bid for the work performed. The successful Responder will not
be reimbursed for any profits, which may have been earned up to the date of termination.
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29. Termination for Default
When the successful Responder has not performed or has unsatisfactorily performed the contract or
in the event, any of the provisions of the purchase order are violated, the County may serve written
notice of its intention to terminate the contract and/or purchase order for default. Upon termination for
default, payment will be withheld at the discretion of Muskegon County. Failure on the part of the
successful Responder to fulfill the contractual obligations shall be considered just cause for
termination of the contract. The successful Responder will be paid for work satisfactorily performed
prior to termination less any excess costs incurred by the County in procuring and completing the
work.
30. Termination Due to Unavailability of Funds in Succeeding Fiscal Years
When funds are not appropriated or otherwise made available to support continuation of performance
in a subsequent fiscal year, the contract shall be canceled and the successful Responder shall be
reimbursed for a reasonable value of any non-recurring costs incurred, but not amortized in the price
of the supplies or services delivered under the contract.
31. Rights and Remedies of County for Default
If any item furnished by the successful Responder fails to conform to specifications, or to the sample
submitted by the successful Responder, the County may reject it. Upon rejection, the successful
Responder must promptly reclaim and remove such item without expense to the County, and shall
immediately replace all such rejected items with others conforming to such specification and samples.
If the successful Responder fails to do so, the County has the right to purchase in the open market a
corresponding quantity of any such items and to deduct from any monies due the successful
Responder the difference between the prices named in the purchase order and the actual cost to the
County. If the successful Responder fails to make prompt delivery of any item, the County has the
right to purchase such item in the open market and to deduct from any monies due the successful
Responder the difference between the prices named in the purchase order and the actual replacement
cost to the County. The rights and remedies of the County identified above are in addition to any other
rights and remedies provided by law or under the contract.
32. Avoidance of Conflict of Interest and Confidentiality
The successful Responder may provide consultation services to other government organizations in
Michigan and elsewhere. In order to preserve the trust and confidence of their client, the successful
Responder must adhere to a set of principles that enables them to perform their work in a manner that
is free of real or perceived conflicts of interests. These principles are as follows:
A. The successful Responder will not discuss, distribute or use in any way the data or information
acquired in the course of providing services to Muskegon County without prior approval by the
County.
B. The successful Responder will not undertake a specific activity, which may be viewed as adverse
to the interests of another client without obtaining the agreement of both parties.
C. The successful Responder states that no County officer or employee, nor any business entity in
which they have an interest: a) has an interest in the contract awarded; b) has been employed
or retained to solicit or aid in the procuring of the resulting contract; c) will be employed in the
performance of such contract without immediate disclosure of such fact to the County.
33. Incorporation of Instructions
Proposal conditions/instructions to respondent, specifications/requirements may become part of a
contract for this product/service.
34. Debarment
If a respondent is presently debarred, suspended, proposed for debarment, declared ineligible, or
otherwise excluded from doing business with any government agency, which prohibits your firm from
participating in any procurement, the respondent must provide the County with that information as part
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of its response to this solicitation. Failure to fully and truthfully provide the information required, may
result in the disqualification of your bid from consideration or termination of the purchase order, once
awarded.
35. Respondent Registration
Successful Respondent registration, as well as the request for proposal materials, is available on the
Bidnet web site at https://www.bidnetdirect.com/mitn/muskegon-county.
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For Risk.
COUNTY OF MUSKEGON
INSURANCE REQUIREMENTS
The successful Responder, and any and all of their subcontractors, shall not commence work under this
contract until they have obtained the insurance required under this paragraph, and shall keep such
insurance in force during the entire life of this contract. All coverage shall be with insurance companies
licensed and admitted to do business in the State of Michigan and acceptable to County of Muskegon. The
requirements below should not be interpreted to limit the liability of the successful Responder. All
deductibles and SIRs are the responsibility of the successful Responder.
The successful Responder shall procure and maintain the following insurance coverage:
1. Worker’s Compensation Insurance, including Employers’ Liability Coverage, in accordance with
all applicable statutes of the State of Michigan.
2. Commercial General Liability Insurance on an “Occurrence Basis” with limits of liability not less
than $1,000,000 per occurrence and aggregate. Coverage shall include, but not limited to, the
following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C)
Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent, if
not already included ; (E) Deletion of all Explosion, Collapse, and Underground (XCU) Exclusions,
if applicable.
3. Automobile Liability, including Michigan No-Fault Coverages, with limits of liability not less than
$1,000,000 per occurrence combined single limit for Bodily Injury, and Property Damage.
Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles.
4. Commercial General Liability and Automobile Liability Required liability limits may be obtained by
using an Excess/Umbrella Liability policy in addition to the primary liability policy(ies). If coverage
limits are satisfied by an Excess and/or Umbrella policy, coverage must follow form of the primary
liability policy(ies), including but not limited to additional insured and primary/non-contributory
coverage.
5. Additional Insured: Commercial General Liability Insurance shall include an endorsement stating
the following shall be Additional Insureds: The County of Muskegon, all elected and appointed
officials, all employees and volunteers, agents, all boards, commissions, and/or authorities and
board members, including employees and volunteers thereof. It is understood and agreed by
naming the County of Muskegon as additional insured, coverage afforded is considered to be
primary and any other insurance the County of Muskegon may have in effect shall be considered
secondary and/or excess.
6. Cancellation Notice: Policies, as described above, shall be endorsed to state the following: It is
understood and agreed Thirty (30) days, Ten (10) days for non-payment of premium, Advance
Written Notice of Cancellation or Non-Renewal shall be sent to the Certificate Holder: (County of
Muskegon, Attention: Procurement, 1903 Marquette Avenue, Suite A106, Muskegon, Michigan
49442).
7. Proof of Insurance Coverage: The successful Responder shall provide the County of Muskegon
at the time the contracts are returned by him/her for execution a Certificate of Insurance as well as
the required endorsements. In lieu of required endorsements, if applicable, a copy of the policy
sections where coverage is provided for additional insured and cancellation notice would be
acceptable. Copies or certified copies of all policies mentioned above shall be furnished, if so
requested.
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8. If any of the above coverages expire during the term of this contract, the successful Responder
shall deliver renewal certificates, endorsements, and/or policies to County of Muskegon at least ten
(10) days prior to the expiration date.
9. HOLD HARMLESS AGREEMENT: All contracts must contain the following Hold Harmless
Agreement:
To the fullest extent permitted by law, the successful Responder shall defend, indemnify, and hold
harmless the County, its subsidiaries, departments, divisions, and agencies and their respective
officials, officers, directors, employees, and agents from and against any and all liability, litigation,
causes of action, and claims, by whomsoever brought or alleged, and regardless of the legal
theories upon which based, and from and against all losses, costs, expenses, and fees and
expenses of attorneys and expert witnesses resulting therefrom on account of, relating to, or arising
out of bodily injury to or death of any person or on account of damage to property, including loss of
use thereof, arising or allegedly arising out of or resulting from the work; provided, however, that in
compliance with MCL 691.991, the successful Responder has no obligation to defend or indemnify
the County or any other party for any amount greater than the degree of fault of the successful
Responder. The successful Responder will include a similar provision in favor of the County in all
subcontracts. The foregoing indemnity of the County shall include, but is not limited to, claims
alleging or involving the negligence of the successful Responder, its subcontractors, or the joint
negligence of the successful Responder, its subcontractors, and/or the County, but shall not extend
to liability found by way of final judgment to have resulted from the sole negligence of the County
or as limited by MCL 691.991.
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Appendix A
Allowable Uses of Funds & Funding Restrictions
Specific to the J&J, Distributor, CVS, Teva, Allergan and Walmart settlements, funds must be spent on
opioid remediation. Opioid Remediation is defined as1,
Care, treatment, and other programs and expenditures (including reimbursement for past such
programs or expenditures except where this Agreement restricts the use of funds solely to future
Opioid Remediation) designed to (1) address the misuse and abuse of opioid products, (2) treat
or mitigate opioid use or related disorders, or (3) mitigate other alleged effects of, including on
those injured as a result of, the opioid epidemic.
Activities must meet the definition of opioid remediation, be evidence-based strategies 2, 3 or promising
practices and align with allowable uses outlined by Exhibit E4. These strategies include:
1.) Core Strategies
Naloxone or other FDA-approved drug to reverse opioid overdoses
Medication-assisted Treatment (MAT) distribution and other opioid-related treatment
Address the needs of pregnant and postpartum women
Expanding treatment for Neonatal Abstinence Syndrome (NAS)
Expansion of warm hand-off programs and recovery services
Treatment for incarcerated population
Prevention programs
Expanding syringe service programs
Evidence-based data collection and research analyzing the effectiveness of the abatement
strategies within the state
2.) Approved Uses - Prevention
Prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids
Prevent misuse of opioids
Prevent overdose deaths and other harms (harm reduction)
3.) Approved Uses - Treatment
Treat Opioid Use Disorder (OUD)
Support people in treatment and recovery
Connect people who need help to the help they need (connections to care)
Address the needs of criminal justice-involved persons
Address the needs of pregnant or parenting women and their families, including babies with
NAS
4.) Approved Uses – Other Strategies
Supporting first responders
Leadership, planning and coordination
Training
Research
1
https://nationalopioidsettlement.com/
2
https://www.lac.org/assets/files/TheOpioidEbatement-v3.pdf
3
https://www.attorneygeneral.gov/wp-content/uploads/2021/12/Exhibit-E-Final-Distributor-Settlement-
Agreement-8-11-21.pdf
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Appendix B
Writing SMART Objectives
To use an objective to monitor your progress, you need to write it as a SMART objective. A SMART
objective is:
1. Specific:
Objectives should provide the “who” and “what” of program activities.
Use only one action verb since objectives with more than one verb imply that more than one activity
or behavior is being measured.
Avoid verbs that may have vague meanings to describe intended outcomes (e.g., “understand” or
“know”) since it may prove difficult to measure them. Instead, use verbs that document action (e.g.,
“At the end of the session, the students will list three concerns...”)
Remember, the greater the specificity, the greater the measurability.
2. Measurable:
The focus is on “how much” change is expected. Objectives should quantify the amount of change
expected. It is impossible to determine whether objectives have been met unless they can be
measured.
The objective provides a reference point from which a change can clearly be measured.
3. Achievable:
Objectives should be attainable within a given time frame and with available program resources.
4. Relevant:
Objectives are most useful when they accurately address the scope of the problem and programmatic
steps that can be implemented within a specific time frame.
Objectives that do not directly relate to the program goal will not help toward achieving the goal.
5. Time-Bound:
Objectives should provide a time frame indicating when the objective will be measured or a time by
which the objective will be met.
Including a time frame in the objectives helps in planning and evaluating the program.
SMART Objective Examples:
Increase by 10 percentage points (to 35%) by Oct. 2015 the proportion of local residents who report
awareness of social and legal consequences of underage drinking.
Increase media’s voluntary coverage of drug-related topics by 300% (triple the number of earned
coverage episodes) by Sept. 2015
Reduce by 15% the percentage of 12-17-year-olds reporting 30-day use of marijuana by February 2016.
Baseline measure shows 25% of 12-17-year-olds reported 30-day use of marijuana.
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Appendix C
Budget Glossary
Budgeted expenditures are to be entered for each program element as follows:
Direct Costs
Salaries and Wages- Includes the compensation budgeted for all permanent and part-time employees
on the payroll of the Grantee and assigned directly to the program. This does not include contractual
services, professional fees or personnel hired on a private contract basis. Consulting services, vendor
services, professional fees or personnel hired on a private contracting basis should be included in
“Other Expenses.” Contracts with secondary recipient organizations such as cooperating service
delivery institutions or delegate agencies should be included in Contractual (Sub-contract) Expenses.
Fringe Benefits - Includes all Grantee costs for social security, retirement, insurance, and other
similar benefits for all permanent and part-time employees assigned to the specified elements.
Capital Expenditures for Equipment and Facilities - Includes expenditures for budgeted stationary and
movable equipment used in carrying out the objectives of each program element, project or service
group. The cost of a single unit or piece of equipment includes necessary accessories, installation
costs, freight and other applicable expenses associated with the purchase of the equipment. Only
budgeted equipment items costing $5,000 or more may be reported under this category. Small
equipment items costing less than $5,000 are properly classified as Supplies and Materials or Other
Expenses.
Contractual (Subcontracts/Subrecipient) - Use for expenditures applicable to written contracts or
agreements with secondary recipient organizations such as cooperating service delivery institutions
or delegate agencies. Payments to individuals for consulting or contractual services, or for vendor
services are to be included under Other Expenses. Specify subcontractor(s) address, amount by
subcontractor and total of all subcontractors.
Supplies and Materials - Use for all consumable items including equipment type items costing less
than $5,000 each. This includes office, printing, postage, project materials, subscriptions, and
educational supplies.
Travel - Travel costs of permanent and part-time employees assigned to each program element. This
includes costs of mileage, per diem, lodging, meals, registration fees and other approved travel costs
incurred by the employee. Travel of private, non-employee consultants should be reported under
Other Expenses.
Communication Costs - These are costs for telephone, Internet, data lines, websites, fax, email, etc.,
when related directly to the operation of the program element.
Space Costs - These are costs of building space necessary for the operation of the program.
All Others - These are costs for all other items purchased exclusively for the operation of the program
element and not appropriately included in any of the other categories including items such as
consultant services, vendor services, equipment rental, etc.
Indirect Costs
This cost category is used to describe costs of general administrative operations that have not been
directly charged to individual subrecipient programs. Indirect Cost is capped at 10% of the total requested
amount.
In-Kind or Additional Funding Sources
This category includes a description of either expected or already received funding, outside of this
proposal, that will contribute to the management, implementation, or evaluation of the proposed
project/program.
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Appendix D
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FY25 County of Muskegon Opioid Settlement Fund Proposal Cover Sheet
1. Organization Name
2. Address (street, city, zip)
3. Project Director Contact Name
4. Project Director Contact Email Address
5. Project Director Contact Phone Number
6. Name of Authorized Representative
7. Title of Authorized Representative
8. Signature of Authorized Representative
9. Date
10. Total Amount of Funding Requested
11. Project Name
12. This proposal targets one or more of the following: (check all that apply)
See Appendix A in the RFP for definitions and examples.
Prevention Treatment
Recovery Harm Reduction
Criminal/Legal Other _______________________________ (please list)
13. This proposal targets one or more of the following high-risk target audiences: (check all that apply)
Pregnant Women Persons of Color
Recently Incarcerated Rural Residents
Seniors (age 55+) Teens and/or Young Adults (13 to 25)
Identified high-risk geographic area Families of persons with substance use disorder
14. Activities in this proposal are considered either evidence-based or a best practice. Yes No
15. Please cite up to three sources of information (Peer Review Journal citation, NREPP or other Federal source
citation, etc.) that support your selection in question 14, along with hyperlinks, below.
16. If you answered no to question 14, please provide your rational for proposing the project/program/activity.
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County of Muskegon Opioid Settlement Funds Timeline
In 2022, County internal departments met several times to complete an
assessment of opioid issues and needs within the County. A preliminary proposal
was presented to the Muskegon County Board Work Session on March 16, 2023.
The Board directed the County Administrator to receive community input and the
project was reassigned to Public Health.
Public Health aligned efforts with the Michigan Association of Counties Public
Facing Planning Process to understand the current landscape.
o Reached out to the Muskegon Community Opiate Task Force to
request assistance as the subject matter expert/advisory group.
o Reviewed most recent Medical Examiner’s report, statistics on drug-
related deaths.
o Referenced the Coalition for a Drug Free Muskegon’s Strategic Plan
for 2023 – 2028.
Public Health presented the Opioid Settlement Funds Proposal at the Muskegon
County Board Work Session on September 21, 2023.
The Muskegon County Board of Commissioners approved the County of
Muskegon Opioid Settlement Funding Distribution Plan on December 19, 2023.
On January 22, 2024, an invitation to apply for funds via a Request for Proposal
submitted on Bidnet.
On April 16, 2024, the Muskegon County Board of Commissioners approved the
seven (7) opioid settlement funding grant awards totaling $233,710 for the period
of April 1, 2024 – September 30, 2024.
On June 12, 2024, an invitation to apply for funds via the Request for Proposal
processes was submitted on Bidnet for the period of October 1, 2024 –
September 30, 2025.
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 8, 2024 Title: Sale of 1435 Hoyt
Submitted by: Samantha Pulos, Code Department: Planning
Coordinator
Brief Summary:
Staff is requesting approval of a purchase agreement for 1435 Hoyt for $136,000.
Detailed Summary & Background:
1435 Hoyt was constructed through the agreement with Dave Dusendang to construct infill
housing with ARPA funding. The offer is over the full listing price ($136,000) with the seller paying $6,000
in concessions.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Create an environment that effectively attracts new residents and retains existing residents by filling
existing employment gaps, attracting new and diverse businesses to the city, and expanding access
to a variety of high-quality housing options in Muskegon. Key Focus Area: Diverse housing types
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
n/a Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
n/a Yes No N/A x
Recommended Motion:
To approve the Purchase Agreement for 1435 Hoyt for $136,000.00 and authorize the Code
Coordinator, Samantha Pulos, to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
Information
Technology
Other Division Heads x
Communication
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Legal Review
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WEST MICHIGAN REGIONAL PURCHASE AGREEMENT
#
DATE: , (time) MLS # 24041306
SELLING OFFICE: bColdwell Banker Woodland Schmidt BROKER LIC.#: 6506047986 REALTOR® PHONE: 616-813-6092
LISTING OFFICE: West Urban Realty LLC REALTOR® PHONE: 616-717-1220
1.Effective Date: This Agreement is effective on the date of Seller's acceptance of Buyer's offer or Buyer's acceptance of any
counteroffer, as the case may be, and this date shall hereafter be referred to as the "Effective Date". Further, any reference to "days"
in this Agreement refers to calendar days. The first calendar day begins at 12:01 a.m. on the day after the Effective Date. Any
reference to "time" refers to local time.
2. Agency Disclosure: The Undersigned Buyer and Seller each acknowledge that they have read and signed the Disclosure Regarding
Real Estate Agency Relationships. The selling licensee is acting as (choose one):
Agent/Subagent of Seller Buyer’s Agent Dual Agent (with written, informed consent of both Buyer and Seller)
Transaction Coordinator
Primary Selling Agent Name: Dan McCrath Email: dan.mccrath@cbgreatlakes.com Lic.#: 6501419263
Alternate Selling Agent Name: Email: Lic.#:
3. Seller’s Disclosure Statement: (This paragraph applies to sales of one-to-four family residential units.)
Buyer has received the Seller’s Disclosure Statement, dated 08/08/2024 .
Buyer has not received the Seller’s Disclosure Statement. Buyer may terminate this Agreement, in writing, any time prior to receipt
of the Seller’s Disclosure Statement. Once Buyer has received the Seller’s Disclosure Statement, Buyer may terminate this
Agreement, in writing, within 72 hours of receipt if the disclosure was received in person, or within 120 hours if received by
registered mail. Exceptions:
Seller is exempt from the requirements of the Seller Disclosure Act.
4.Lead-Based Paint Addendum: Transactions involving homes built prior to 1978 require a written disclosure which is hereby attached
and will be an integral part of this Agreement.
5.Property Description: Buyer offers to buy the property located in the City Village Township of Muskegon ,
County of Muskegon , Michigan, commonly known as (insert mailing address: street/city/state/zip code)
1435 Hoyt Street, Muskegon, 49442
with the following legal description and tax parcel ID numbers:
bCITY OF MUSKEGON REVISED PLAT OF 1903 BLK 273 LOT 15 EXC S 42.83 FT AND LOT 16 EXC N 42.83 FT
PP# 61-24-205-273-0015-10 .
The following paragraph applies only if the Premises include unplatted land:
Seller agrees to grant Buyer at closing the right to make (insert number) division(s) under Section 108(2), (3), and
(4) of the Michigan Land Division Act. (If no number is inserted, the right to make divisions under the sections referenced above stays
with any remainder of the parent parcel retained by Seller. If a number is inserted, Seller retains all available divisions in excess of the
number stated; however, Seller and/or REALTOR® do not warrant that the number of divisions stated is actually available.) If this sale
will create a new division, Seller’s obligations under this Agreement are contingent on Seller’s receipt of municipal approval on or
before , of the proposed division to create the Premises.
6. Purchase Price: Buyer offers to buy the Property for the sum of $ 136,000
one hundred thirty-six thousand U.S. Dollars
7.Seller Concessions, if any: Seller to Pay $6,000 for Buyer's closing costs, pre-paids and concessions
8.Terms: The Terms of Purchase will be as indicated by “X” below: (Other unmarked terms of purchase do not apply.)
SOURCE OF FUNDS TO CLOSE: Buyer represents that the funds necessary to close this transaction on the terms specified below
are currently available to Buyer in cash or an equally liquid equivalent.
If the Property’s value stated in an appraisal obtained by Buyer or Buyer’s lender is less than the Purchase Price, Buyer shall within
three (3) days after receipt of the appraisal: 1) renegotiate with the Seller, 2) terminate the transaction, in which case Buyer shall
receive a refund of Buyer’s Earnest Money Deposit, or 3) proceed to close the transaction at the agreed Purchase Price.
CASH. The full Purchase Price upon execution and delivery of Warranty Deed. Buyer Agrees to provide Buyer Agent/Dual Agent
verification of funds within five (5) days after the Effective Date, and consents to the disclosure of such information to Seller and/or
Seller’s Agent. If verification of funds is not received within 5 days after the Effective Date, Seller may terminate this Agreement
at any time before verification of funds is received by giving written notice to Buyer. Any appraisal required by Buyer shall be
arranged and paid for by Buyer within ten (10) days after the Effective Date of this Agreement.
NEW MORTGAGE. The full Purchase Price upon execution and delivery of Warranty Deed, contingent upon Buyer’s ability to
obtain a VA type 30 (year) mortgage in the amount of 100 % of the Purchase Price
bearing interest at a rate not to exceed Current % per annum (rate at time of loan application), on or before the date the sale is
to be closed. Buyer agrees to apply for a mortgage loan, and pay all fees and costs customarily charged by Buyer’s lender to
process the application, within 5 days after the Effective Date, not to impair Buyers’ credit after the date such loan if
offered. Seller Buyer will agree to pay an amount not to exceed $ representing repairs required as a
condition of financing. Buyer agrees does not agree to authorize Buyer’s Agent/Dual Agent to obtain information from
©Copyright, West Michigan REALTOR® Associations
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Buyer’s lender regarding Buyer’s financing, and consents to the disclosure of this information to Seller and/or Seller’s Agent.
Exceptions:
SELLER FINANCING (choose one of the following): CONTRACT or PURCHASE MONEY MORTGAGE
In the case of Seller financing, Buyer agrees to provide Seller with a credit report within 72 hours after the Effective Date. If the
credit report is unacceptable to Seller, Seller shall have the right to terminate this offer within 48 hours of Seller’s receipt, or if
Buyer fails to provide said credit report to Seller within the time frame allotted, Seller shall have the right to terminate this offer
within 48 hours. Seller is advised to seek professional advice regarding the credit report.
$ upon execution and delivery of a
form (name or type of form and revision date), a copy of which is attached, wherein the balance of $
will be payable in monthly installments of $ or more including interest at % per annum,
interest to start on date of closing, and first payment to become due thirty (30) days after date of closing. The entire unpaid balance
will become due and payable months after closing. Any appraisal required by Buyer shall be arranged and
paid for by Buyer within ten (10) days after the Effective Date of this Agreement. Exceptions:
EQUITY (choose one of the following): Formal Assumption or Informal Assumption
Upon execution and delivery of: Warranty Deed subject to existing mortgage OR Assignment of Vendee Interest
in Land Contract, Buyer to pay the difference (approximately $ ) between the Purchase Price above
provided and the unpaid balance (approximately $ ) upon said mortgage or land contract, which Buyer
agrees to assume and pay. Buyer agrees to reimburse Seller for accumulated funds held in escrow, if any, for payment of future
taxes and insurance premiums, etc. Any appraisal required by Buyer shall be arranged and paid for by Buyer within ten
(10) days after the Effective Date of this Agreement. Exceptions:
OTHER:
9. Contingencies: Buyer’s obligation to consummate this transaction (choose one):
IS NOT CONTINGENT - is not contingent upon the sale or exchange of any other property by Buyer.
IS CONTINGENT UPON CLOSING - is contingent upon closing of an existing sale or exchange of Buyer’s property located at:
A copy of Buyer’s agreement to sell or exchange that property is being delivered to Seller along with this offer. If the existing sale
or exchange terminates for any reason, Buyer will immediately notify Seller, and either party may terminate this Agreement in
writing, within 3 days of Buyer’s notice to Seller. If either party terminates, Buyer shall receive a refund of any applicable Earnest
Money Deposit.
IS CONTINGENT UPON THE SALE AND CLOSING - is contingent upon the execution of a binding agreement and the closing
of a sale or exchange of Buyer’s property located at
on or before . Seller will have the right to continue to
market Seller’s Property until Buyer enters into a binding agreement to sell or exchange Buyer’s property and delivers a copy
thereof to Seller. During such marketing period, Seller may enter into a binding contract for sale to another purchaser on such
price and terms as the Seller deems appropriate. In such event, this Agreement will automatically terminate, Buyer will be notified
promptly, and Buyer’s Earnest Money Deposit will be refunded. Exceptions:
10. Fixtures & Improvements: The following is not intended to be an all-inclusive list of items included with the Property. All
improvements and appurtenances are included in the Purchase Price, if now in or on the Property, unless rented, including the
following: all buildings; landscaping; attached smart home devices; attached security systems; lighting fixtures and their shades and
bulbs; ceiling fans; hardware for draperies and curtains; window shades and blinds; built-in kitchen appliances, including garbage
disposal and drop-in ranges; wall to wall carpeting, if attached; all attached mirrors; all attached TV mounting brackets; all attached
shelving; attached work benches; stationary laundry tubs; water softener; water heater; incinerator; sump pump; water pump and
pressure tank; heating and air conditioning equipment (window units excluded); attached humidifiers; heating units, including add-on
heating stoves and heating stoves connected by flue pipe; fireplace screens, inserts, and grates; fireplace doors, if attached; liquid
heating and cooking fuel tanks; TV antenna and complete rotor equipment; satellite dish and necessary accessories and complete
rotor equipment; all support equipment for inground pools; screens and storm windows and doors; awnings; installed basketball
backboard, pole and goal; mailbox; flagpole(s); fencing, invisible inground fencing and all related equipment, including collars;
detached storage buildings; underground sprinkling, including the pump; installed outdoor grills; all plantings and bulbs; garage door
opener and control(s); and any and all items and fixtures permanently affixed to the Property; and also includes:
but does not include:
Any Appliances, Window Treatments
1435 Hoyt Street, Muskegon, 49442
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2024 JC Buyer’s Initials
SP Seller’s Initials
09/13/24 09/17/24
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11. Heating and Cooking Fuels: Liquid heating and cooking fuels in tanks are included in the sale and will transfer to Buyer at time of
possession unless usage is metered (in which case it is not included in the sale). Sellers are responsible for maintaining heating and
cooking liquid fuels at an operational level and shall not permit fuels to fall below 10% in the tank(s) at the time of possession, except
that the tank(s) may be empty only if now empty. Further, Seller is precluded from removing fuel from tank(s) other than what is
expended through normal use. Exceptions:
12. Assessments (choose one):
If the Property is subject to any assessments,
Seller shall pay the entire balance of any such assessments that are due and payable on or before the day of closing (regardless
of any installment arrangements), except for any fees that are required for future connection to public utilities.
Seller shall pay all installments of such assessments that become due and payable on or before day of closing. Buyer shall assume
and pay all other installments of such assessments.
Seller has an ongoing obligation through the Closing to disclose to the Buyer any known pending assessments, including, but not limited
to, any mandatory utility connection requirements, and/or benefit charges, and condominium special assessments, that have not been
previously disclosed in writing to Buyer.
13. Property Taxes: Seller will be responsible for any taxes billed prior to those addressed below. Buyer will be responsible for all taxes
billed after those addressed below.
Buyer is also advised that the state equalized value of the Property, principal residence exemption information and other real property
tax information is available from the appropriate local assessor’s office. Buyer should not assume that Buyer’s future tax bills on the
Property will be the same as Seller’s present tax bills. Under Michigan law, real property tax obligations can change significantly when
property is transferred.
No proration. (Choose one):
Buyer Seller will pay taxes billed summer (year);
Buyer Seller will pay taxes billed winter (year);
Calendar Year Proration (all taxes billed or to be billed in the year of the closing). Calendar year tax levies will be estimated, if
necessary, using the taxable value and the millage rate(s) in effect on the day of closing, broken down to a per diem tax payment
and prorated to the date of closing with Seller paying for January 1 through the day before closing.
Fiscal Year Proration - Taxes will be prorated as though they are paid in (choose one): advance. arrears.
Fiscal Year will be assumed to cover a 12-month period from date billed, and taxes will be prorated to the date of closing. Fiscal
year tax levies will be estimated, if necessary, using the taxable value and millage rate(s) in effect on the day of closing, broken
down to a per diem tax payment and prorated to the date of closing with Seller paying through the day before closing. Exceptions:
14. Well/Septic: Within ten (10) days after the Effective Date, (choose one) Seller or Buyer will arrange for, at their own expense,
an inspection of the primary well used for human consumption (including a water quality test for coliform bacteria and nitrates) and
septic systems in use on the Property. The inspection will be performed by a qualified inspector in a manner that meets county (or
other local governmental authority, if applicable) protocol.
If any report discloses a condition unsatisfactory to Buyer, or doesn’t meet county standards that are a condition of sale, Buyer may,
within three (3) days after Buyer has received the report, by written notice to Seller, either terminate this Agreement and receive a
refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct those unsatisfactory conditions. If Buyer fails
to make a written proposal within the above referenced time period, then Buyer will be deemed to have accepted the well/septic as-is.
Seller will respond in writing within three (3) days to Buyer’s request. If Seller fails to respond or to arrive at a mutually agreeable
resolution within three (3) days after Seller’s receipt of Buyer’s proposal, Buyer will have three (3) days to provide written notice of
termination of this Agreement and receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate the contract,
Buyer will proceed to closing according to the terms and conditions of this Agreement.
Other:
15. Inspections & Investigations:
Inspections: Buyer, or someone selected by Buyer, has the right to inspect the buildings, premises, components and systems, at
Buyer’s expense. Any damage, misuse, abuse, or neglect of any portion of the Property or premises as a result of inspections will be
Buyer’s responsibility and expense.
Investigations: It is Buyer’s responsibility to investigate (i) whether the Property complies with applicable codes and local ordinances
and whether the Property is zoned for Buyer’s intended use; (ii) whether Buyer can obtain a homeowner’s insurance policy for the
Property at price and terms acceptable to Buyer; (iii) and whether or not the Property is in a flood zone.
All inspections and investigations will be completed within ____ 10 days after the Effective Date. If the results of Buyer’s inspections
and investigations are not acceptable to Buyer, Buyer may, within the above referenced period, either (a) terminate this Agreement by
written notice to Seller and receive a refund of Buyer’s Earnest Money Deposit, or (b) make a written proposal to Seller to correct those
unsatisfactory conditions, which proposal must be in the form of a proposed addendum and must be signed by Buyer in order for it to
be effective. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be deemed to have
1435 Hoyt Street, Muskegon, 49442
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2024 JC Buyer’s Initials
SP Seller’s Initials
09/13/24 09/17/24 Page 134 of 272
12:06 PM CDT 8:37 AM EDT
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accepted the Property as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s proposal or terminate this
Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days after Seller’s receipt of
Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and receive a refund of
any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day period, Buyer will be deemed
to accept the Inspections & Investigations and will proceed to closing according to the terms and conditions of this Agreement.
Buyer has waived all rights under this Inspections & Investigations paragraph.
Exceptions:
16. Municipal Compliances: Seller will arrange and pay for current certificates of occupancy, sidewalk compliance, and smoke detector
ordinances, if applicable.
17. Title Insurance: Seller agrees to convey marketable title to the Property subject to conditions, limitations, reservation of oil, gas and
other mineral rights, existing zoning ordinances, and building and use restrictions and easements of record. An expanded coverage
ALTA Homeowner’s Policy of Title Insurance in the amount of the Purchase Price shall be ordered by Seller and furnished to Buyer at
Seller’s expense, and a commitment to issue a policy insuring marketable title vested in Buyer, including a real estate tax status
report, will be made available to Buyer within ten (10) days after the Effective Date. If Buyer so chooses, or if an expanded policy is
not applicable, then a standard ALTA Owners’ Policy of Title Insurance shall be provided.
If Buyer objects to any conditions, Buyer may, within three (3) days of receipt of the Title Commitment, by written notice to Seller,
either terminate this Agreement and receive a refund of Buyer’s Earnest Money Deposit, or make a written proposal to Seller to correct
those unsatisfactory conditions. If Buyer fails to make a written proposal within the above referenced time period, then Buyer will be
deemed to have accepted the Title Commitment as-is. Seller may negotiate with Buyer, or by written notice to Buyer, accept Buyer’s
proposal or terminate this Agreement. If Seller fails to respond, or to arrive at a mutually agreeable resolution within three (3) days
after Seller’s receipt of Buyer’s proposal, Buyer shall have three (3) days to provide written notice of termination of this Agreement and
shall receive a refund of any applicable Earnest Money Deposit. If Buyer fails to terminate this Agreement within said three (3) day
period, Buyer will be deemed to accept the Title Commitment as-is and will proceed to closing according to the terms and conditions
of this Agreement. Exceptions:
18. Property Survey: Broker advises that Buyer should have a survey performed to satisfy Buyer as to the boundaries of the Property
and the location of improvements thereon.
Buyer or Seller (choose one) shall within ten (10) days of the Effective Date, order, at their expense, a boundary survey with iron
corner stakes showing the location of the boundaries, improvements and easements in connection with the Property. Upon receipt of
the survey, Buyer will have three (3) days to review the survey. If the survey shows any condition, in Buyer’s sole discretion, which
would interfere with Buyer’s intended use of the Property, the marketability of the title, or zoning non-compliance, then Buyer may,
within said three (3) day period, terminate this Agreement, in writing, and Buyer will receive a full refund of Buyer’s Earnest Money
Deposit.
No survey. Buyer has waived all rights under this paragraph.
When closing occurs, Buyer shall be deemed to have accepted the boundaries of the Property and the location of such improvements
thereon. Exceptions:
19. Home Protection Plan: Buyer and Seller have been informed that home protection plans may be available. Such plans may provide
additional protection and benefit to the parties. Exceptions:
20. Prorations: Rent; association dues/fees, if any; insurance, if assigned; interest on any existing land contract, mortgage or lien
assumed by Buyer; will all be adjusted to the date of closing. For the purposes of calculating prorations, it is presumed that Seller
owns the Property through the day before closing.
21. Closing: If agreeable to Buyer and Seller, the sale will be closed as soon as closing documents are ready, but not later than
10/11/2024 . An additional period of fifteen (15) days will be allowed for closing to accommodate the correction of
title defects or survey problems which can be readily corrected, or for delays in obtaining any lender required inspections/repairs. During
this additional period, the closing will be held within 5 days after all parties have been notified that all necessary documents have been
prepared. Buyer and Seller will each pay their title company closing fee, if applicable, except in the case of VA financing where Seller
will pay the entire closing fee. Exceptions:
22. Pre-Closing Walk-Through: Buyer (choose one) reserves waives the right to conduct a final walk-through of the
Property within three (3) days of the scheduled closing date. The purpose of the walk-through is to determine that the Property is in
a substantially similar condition as of the Effective Date, any contractually agreed upon items have been fulfilled, and that any included
personal property is still located at the Property. Buyer shall immediately report to Seller any objections to these conditions and Buyer’s
requested corrective action.
23. Possession: Seller will maintain the Property in its present condition until the completion of the closing of the sale. Possession to be
delivered to Buyer, subject to rights of present tenants, if any.
At the completion of the closing of the sale.
At a.m. p.m. on the day after completion of the closing of the sale, during which time Seller
will have the privilege to occupy the Property and hereby agrees to pay Buyer $ as an occupancy
fee for this period payable at closing, WITHOUT PRORATION. Payment shall be made in the form of cash or certified funds.
1435 Hoyt Street, Muskegon, 49442
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2024 JC Buyer’s Initials
SP Seller’s Initials
09/13/24 09/17/24 Page 135 of 272
12:06 PM CDT 8:37 AM EDT
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For purposes of determining possession, the transaction will be considered closed once all necessary documents have been signed
and received by escrow agent and funds have been received by the escrow agent.
If Seller fails to deliver possession to Buyer on the agreed date, Seller shall become a tenant at sufferance and shall pay to Buyer as
liquidated damages $ 350.00 per day plus all of the Buyer’s actual reasonable attorney's fees incurred in removing the Seller
from the Property.
If Seller occupies the Property after closing, Seller will pay all utilities during such occupancy. Seller shall also be responsible for snow
removal and/or landscape maintenance. Buyer will maintain the structure and mechanical systems at the Property. However, any
repairs or replacements necessitated by Seller’s misuse, abuse, or neglect of any portion of the Property will be Seller’s responsibility
and expense.
On the agreed delivery date, Seller shall deliver the Property free of trash and debris and in broom-clean condition, shall remove all
personal property (unless otherwise stated in this or an additional written agreement), shall make arrangements for final payment on
all utilities, and shall deliver all keys to Buyer.
In the event of possession by Seller after close, Buyer and Seller agree do not agree to sign the West Michigan Regional
Temporary Occupancy Addendum to the Purchase Agreement. If signed, that Addendum shall become an integral part of this
Agreement.
Exceptions:
24. Earnest Money Deposit: For valuable consideration, Buyer gives Seller until 7:00 PM (time) on
09/14/2024 (date), to deliver the written acceptance of this offer and agrees that this offer, when accepted by
Seller, will constitute a binding Agreement between Buyer and Seller. An Earnest Money Deposit in the amount of $ 1,000
shall be submitted to Coldwell Banker Woodland Schmidt (insert name of broker, title
company, other) within 72 hours of the Effective Date of this Agreement, and shall be applied against the Purchase Price. If the Earnest
Money Deposit is not received within 72 hours of the Effective Date or is returned for insufficient funds, Seller may terminate this
Agreement until such time as the Earnest Money Deposit is received. If Seller terminates this Agreement under this provision, Seller
waives any claim to the Earnest Money Deposit. If the sale is not closed due to a failure to satisfy a contingency for a reason other
than the fault of Buyer, the Buyer is entitled to a refund of the Earnest Money Deposit. If the sale is not closed as provided in this
Agreement and Buyer and Seller do not agree to the disposition of the Earnest Money Deposit, then Buyer and Seller agree that the
Broker holding the Earnest Money Deposit may notify Buyer and Seller, in writing, of Broker’s intended disposition of the Earnest
Money Deposit. If Buyer and Seller do not object to such disposition in writing within fifteen (15) days after the date of Broker’s notice,
they will be deemed to have agreed to Broker’s proposed disposition; if either Buyer or Seller object and no mutually agreeable
disposition can be negotiated, Broker may deposit the funds by interpleader with a court of proper jurisdiction or await further actions
by Buyer and Seller. In the event of litigation involving the deposit, in whole or in part, either the Seller or the Buyer that is not the
prevailing party, as determined by the court, will reimburse the other for reasonable attorneys’ fees and expenses incurred in
connection with the litigation, and will reimburse the Broker for any reasonable attorneys’ fees and expenses incurred in connection
with any interpleader action instituted. If the entity holding the Earnest Money Deposit is not the Broker, then to the extent that the
terms of any escrow agreement conflict with this paragraph, then the terms and conditions of the escrow agreement shall control.
25. Professional Advice: Broker hereby advises Buyer and Seller to seek legal, tax, environmental and other appropriate professional
advice relating to this transaction. Broker does not make any representations or warranties with respect to the advisability of, or the
legal effect of this transaction. Buyer further acknowledges that REALTOR® above named in the Agreement hereby recommends to
Buyer that an attorney be retained by Buyer to pass upon the marketability of the title and to ascertain that the required details of the
sale are adhered to before the transaction is consummated. Buyer agrees that Buyer is not relying on any representation or statement
made by Seller or any real estate salesperson (whether intentionally or negligently) regarding any aspect of the Property or this sale
transaction, except as may be expressly set forth in this Agreement, a written amendment to this Agreement, or a disclosure statement
separately signed by Seller.
26. Disclosure of Information: Buyer and Seller acknowledge and agree that the Purchase Price, terms, and other details with respect
to this transaction (when closed) are not confidential, will be disclosed to REALTORS® who participate in the applicable Multiple Listing
Service, and may otherwise be used and/or published by that Multiple Listing Service in the ordinary course of its business.
27. Other Provisions:
-Offer is subject to the attached Buyer Agency Addendum to the Buy and Sell Agreement.
-Seller agrees to pay $6,000 for Buyer's Closing Costs, Pre-Paids and Concessions.
-Listing Broker agrees to pay Buyer's Broker 3% of purchase price.
28. Mergers and Integrations: This Agreement is the final expression of the complete agreement of Buyer and Seller, and there are no
oral agreements existing between Buyer and Seller relating to this transaction. This Agreement may be amended only in writing signed
by Buyer and Seller and attached to this Agreement.
29. Fax/Electronic Distribution and Electronic Signatures: Buyer and Seller agree that any signed copy of this Agreement, and any
amendments or addendums related to this transaction, transmitted by facsimile or other electronic means shall be competent evidence
of its contents to the same effect as an original signed copy. Buyer and Seller further agree that an electronic signature is the legal
equivalent of a manual or handwritten signature, and consent to use of electronic signatures. Buyer and Seller agree that any notice(s)
required or permitted under this Agreement may also be transmitted by facsimile or other electronic means.
1435 Hoyt Street, Muskegon, 49442
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2024 JC Buyer’s Initials
SP Seller’s Initials
09/13/24
12:06 PM CDT
09/17/24
8:37 AM EDT
Page 136 of 272
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West Michigan Regional Purchase Agreement Page 6 of 6
30. Wire Fraud: Seller and Buyer are advised that wire fraud is an increasingly common problem. If you receive any electronic
communication directing you to transfer funds or provide nonpublic personal information (such as social security numbers, drivers’
license numbers, wire instructions, bank account numbers, etc.), even if that electronic communication appears to be from the
Broker, Title Company, or Lender, DO NOT reply until you have verified the authenticity of the email by direct communication with
Broker, Title Company, or Lender. DO NOT use telephone numbers provided in the email. Such requests may be part of a scheme
to steal funds or use your identity.
31. Buyer’s Approval and Acknowledgment: Buyer approves the terms of this offer and acknowledges receipt of a copy of this offer.
dotloop verified
Buyer 1 Address X Jacob Calvert 09/13/24 12:06 PM CDT
PM8K-5I6A-ZV9Y-MFXB Buyer
Buyer 1 Phone: (Res.) 616-315-9288 (Bus.) Jacob Calvert
Print name as you want it to appear on documents.
Buyer 2 Address X Buyer
Buyer 2 Phone: (Res.) (Bus.)
Print name as you want it to appear on documents.
32. Seller’s Response: The above offer is approved: As written. As written except:
The seller will provide a quit claim deed VS a warranty deed. The buyer acknowledges they have signed and will abide by the city of
Muskegon's addendum for the builder's warranty and landscaping requirements. The home must be owner occupied. The sale price will be
$136354.00 The sale of the home must be approved by city of Muskegons city council.
Counteroffer, if any, expires , at (time). Seller has the right to withdraw this
counteroffer and to accept other offers until Seller or Seller’s Agent has received notice of Buyer’s acceptance.
33. Certification of Previous Disclosure Statement: Seller certifies to Buyer that the Property is currently in the same condition as
disclosed in the Seller’s Disclosure Statement dated (choose one): Yes No.
Seller agrees to inform Buyer in writing of any changes in the content of the disclosure statement prior to closing.
34. Notice to Seller: Seller understands that consummation of the sale or transfer of the Property described in this Agreement will not
relieve Seller of any liability that Seller may have under the mortgages to which the Property is subject, unless otherwise agreed to by
the lender or required by law or regulation. Buyer and Seller are advised that a Notice to Seller & Buyer of Underlying Mortgage form
is available from the respective agents via the West Michigan REALTOR® Boards.
35. Listing Office Address: Listing Broker License #
Listing Agent Name: Brent Cox Listing Agent License #
36. Seller’s Approval and Acknowledgment: Seller approves the terms of this Agreement and acknowledges receipt of a copy. If Seller’s
response occurs after Buyer’s offer expires, then Seller’s response is considered a counteroffer and Buyer’s acceptance is required
below.
dotloop verified
X (Seller’s Signature, Date, Time): Sam Pulos 09/17/24 8:37 AM EDT
HSWU-2RH1-8P6G-3VLM
Is Seller a U.S. Citizen or Resident Alien? Yes No*
Print name as you want it to appear on documents.
X (Seller’s Signature, Date, Time):
Is Seller a U.S. Citizen or Resident Alien? Yes No*
Print name as you want it to appear on documents.
Seller’s Address: Seller’s Phone (Res.) (Bus)
* If Seller(s) is not a U.S. Citizen or Resident Alien, there may be tax implications and Buyer and Seller are advised to seek professional advice.
37. Buyer’s Receipt/Acceptance: Buyer acknowledges receipt of Seller’s response to Buyer’s offer. In the event Seller’s response
constitutes a counteroffer, Buyer accepts said counteroffer. All other terms and conditions in the offer remain unchanged.
X (Buyer’s Signature, Date, Time):
X (Buyer’s Signature, Date, Time):
38. Seller’s Receipt: Seller acknowledges receipt of Buyer’s acceptance of counteroffer.
dotloop verified
X (Seller’s Signature, Date, Time): Sam Pulos 09/17/24 8:37 AM EDT
5OGK-R40I-ILML-UVKK
X (Seller’s Signature, Date, Time):
1435 Hoyt Street, Muskegon, 49442
Subject Property Address/Description Date Time
©Copyright, West Michigan REALTOR® Associations
Revision Date 1/2024 JC Buyer’s Initials
SP Seller’s Initials
09/13/24
12:06 PM CDT
09/17/24
8:37 AM EDT
Page 137 of 272
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BUYER AGENCY FEE
ADDENDUM TO BUY AND SELL AGREEMENT
____________________________
Steve Sterken (Buying Broker) Date: _____________________________
____________________________
Dan McCrath (Buying Agent)
THIS ADDENDUM is attached to and made a part of a certain Buy and Sell Agreement between the undersigned parties
dated _________________________ covering real estate located at 1435
______________________________________
Hoyt Street, Muskegon, 49442
____________________________________________________________________________________________
THE PROVISIONS OF THIS ADDENDUM SUPERSEDE ANYTHING IN THE ABOVE-REFERENCED BUY AND SELL
AGREEMENT (THE "AGREEMENT") TO THE CONTRARY.
1. AGENCY DISCLOSURE: The Seller acknowledges that Steve __________________________(Buying
Sterken Broker)
and________________________________(Buying
Dan McCrath Agent) have a written buyer agency agreement with the
Buyer and are agents for the Buyer only. The Buying Broker and Buying Agent are not agents for the Seller. All
information provided to the Buying Broker and Buying Agent by the Seller or the Listing Broker/Agent will be
disclosed to the Buyer. The Buying Broker has specifically rejected the position of sub-agent to the Listing Broker.
2. FEE: Check only the one (1) Fee Agreement which is applicable.
□ Fee Agreement 1: On behalf of the Buyer, the Seller agrees to pay the Buying Broker a fee at the
closing. The fee shall be ________________ percent of purchase price. The Seller agrees that, as a
convenience, the fee has been included in the purchase price and will be distributed from the proceeds of
the transaction to the buying Broker at the closing. The Seller agrees that, by accepting, as a fee, part of
the proceeds of the transaction from the Seller, or through the Seller's agent, the Buying Broker and the
Buying Agent shall not be deemed agents of the Seller.
□ Fee Agreement 2: The Seller's Broker West____________________
Urban Realty LLC has agreed to pay Coldwell Banker
Schmidt, as cooperating agent, a buyer agency fee of 3% _______________ which Coldwell Banker Schmidt
accepts as part of its total compensation. The Buyer has included an additional 0___________% in their
offer to purchase which the Seller agrees to credit to Coldwell Banker Schmidt on behalf of the Buyer at
close. The additional credit of 0________% will allow the Buyer to fulfill their 3_______% contractual
agreement with Coldwell Banker Schmidt. Due to bank financing and other considerations, the Buyer
requests that the Seller respect the contractual agreement between the Buyer and Coldwell Banker
Schmidt and refrain from proposing fee changes in any acceptance or counter offer.
Both parties understand that the agreement of Seller to provide the additional credit to the Buyer at
closing:
A. shall in no way affect the compensation which is to be paid by Seller to the Seller's agent; and
B. is not an intention on the part of the Buyer or Coldwell Banker Schmidt to modify the offer of
compensation being made by the Seller's Broker to Coldwell Banker Schmidt.
3. OTHER TERMS: ____________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Witness/Sales Agent: ___________________ BUYER: _______________________ Date: ______________
dotloop verified
dotloop verified
Jacob Calvert
Daniel McCrath
09/13/24 10:50 AM CDT
09/13/24 10:39 AM EDT SKA0-A8YO-5RUI-HHVQ
3DL4-3A8U-TRG9-LCRQ
BUYER: _______________________ Date: ______________
Witness/Sales Agent: ___________________ SELLER: _______________________ Date: ______________
dotloop verified
Brent Cox 09/15/24 7:09 PM EDT
I3MQ-UEFD-J5FD-AEKP
SELLER: _______________________ Date: ______________
Revised 7-26-2024
Page 138 of 272
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 8, 2024 Title: Amendment to the Zoning Ordinance - Cat
Cafés in Commercial Zones SECOND READING
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Staff-initiated request to amend the zoning ordinance to allow cat cafés as a special use permitted
in all commercial districts excluding B-1. This would include the following zoning districts: B-2; B-4; FBC,
DT; FBC, MS; FBC, NC; LFBC, LC; and LFBC, MR.
Detailed Summary & Background:
Staff has been receiving many calls regarding the desire to open a cat café in Muskegon. These
types of businesses are becoming more popular throughout the state. A specific ordinance allowing
these uses is necessary because any property housing more than four cats is considered a
commercial kennel.
The Planning Commission unanimously recommended approval of the ordinance amendment.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move to amend the zoning ordinance to allow cat cafés as a special use permitted in the following
zoning districts: B-2; B-4; FBC, DT; FBC, MS; FBC, NC; LFBC, LC; and LFBC, MR.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Page 139 of 272
Other Division Heads
Communication
Legal Review
Page 140 of 272
Planning Commission Packet Excerpt
Hearing, Case 2024-25: Staff-initiated request to amend Article XX and Sections 1100 and 1300 to allow cat
cafes as a special use permitted in Form-Based Code, Downtown; Form-Based Code, Mainstreet; Form Based
Code, Neighborhood Core, Lakeside Form-Based Code, Lakeside Commercial, Lakeside Form-Based Code,
Mixed Residential; B-2, Convenience & Comparison Business; and B-4, General Business districts.
SUMMARY
1. This amendment would allow cat cafes as a special use permitted in the following zoning districts: B-
2; B-4; FBC, DT; FBC, MS; FBC, NC; LFBC, LC; and LFBC, MR.
2. Please follow this link to see cat cafes that are currently in operation throughout Michigan.
3. To operate a cat café, an applicant would have to apply for a special use permit and attend a public
hearing. The proposed regulations for a cat café are listed below.
Proposed Special Use Permit Regulations:
Cat Cafes, under the following conditions:
1. Keeping of domestic animals shall be consistent with the provisions of Article XX, noise, and Article
XX nuisances/littering of the City’s Code of Ordinances.
2. Limited to cats (felines) only.
3. Capacity: The establishment must provide 62 square feet per one (1) cat and no more than 15 on-site
at any one time.
4. The cats shall always be kept separate from food preparation areas.
5. The boarding of cats shall take place entirely indoors.
6. Any cats leaving the establishment must be in a carrier.
7. A sign indicating a 24-hour emergency phone number shall be kept current and posted on the site in a
place clearly visible from the exterior.
Page 141 of 272
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Article XX and Sections 1100 and 1300 to allow cat cafes as a special use permitted
in Form-Based Code, Downtown; Form-Based Code, Mainstreet; Form Based Code, Neighborhood Core,
Lakeside Form-Based Code, Lakeside Commercial, Lakeside Form-Based Code, Mixed Residential; B-2,
Convenience & Comparison Business; and B-4, General Business districts.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Article XX and Sections 1100 and 1300 is amended to permit cat cafes as a special use permitted in Form-
Based Code, Downtown; Form-Based Code, Mainstreet; Form Based Code, Neighborhood Core, Lakeside
Form-Based Code, Lakeside Commercial, Lakeside Form-Based Code, Mixed Residential; B-2,
Convenience & Comparison Business; and B-4, General Business districts.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
Page 142 of 272
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the 24th day of September 2024, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of
Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as
required thereby.
DATED: ___________________, 2024. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
Page 143 of 272
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on September 24, 2024, the City Commission of the City of Muskegon adopted an
ordinance to allow cat cafes in certain commercial districts.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk
in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2024. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Page 144 of 272
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 8, 2024 Title: Amendment to the Zoning Ordinance - Cat
Cafe Definition SECOND READING
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
To add a definition for cat cafés to Article II (Definitions) of the zoning ordinance.
Detailed Summary & Background:
Definition - Cat café: a restaurant or café, which also houses adoptable or therapeutic cats for
clientele to interact with, and which may incorporate cat adoption services in addition to the
restaurant services.
The Planning Commission unanimously recommended approval of the ordinance amendment at
their September 12 meeting.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move to approve the request to amend the zoning ordinance to add a definition for cat cafés.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
Page 145 of 272
Legal Review
Page 146 of 272
Planning Commission Packet Excerpt
Hearing, Case 2024-24: Staff-initiated request to amend Article II (Definitions) of the zoning ordinance to
create a definition for “cat café.”
SUMMARY
1. Staff has been receiving requests from potential business owners that would like to operate a “cat café”
in Muskegon. A cat café is a theme café whose attraction is cats who can be watched and played with
and are often up for adoption.
2. This use has recently become more popular over the past few years and several cat cafes have opened
around the state.
3. The zoning ordinance defines “commercial kennel” as “any premises on which more than three dogs
or more than four cats, older than four months old, are kept on any premises which offers cats or dogs
for sale on a reoccurring basis.”
4. This new “cat café” definition would allow these types of businesses to operate, under certain
regulations, without violating the commercial kennel zoning regulations.
Proposed Definition:
Cat café: a restaurant or cafe, which also houses adoptable or therapeutic cats for clientele to interact with,
and which may incorporate cat adoption services in addition to the restaurant services.
Page 147 of 272
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Article II (Definitions) of the zoning ordinance to create a definition for “cat café.”
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Article II (Definitions) of the zoning ordinance is hereby amended to create a definition for “cat café
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
Page 148 of 272
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the 24th day of September 2024, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of
Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as
required thereby.
DATED: ___________________, 2024. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
Page 149 of 272
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on September 24, 2024, the City Commission of the City of Muskegon adopted an
ordinance to create a zoning ordinance definition for cat café.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk
in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2024. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Page 150 of 272
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 8, 2024 Title: Apple Avenue Resolution
Submitted by: Dan VanderHeide, Public Works Department: Public Works
Director
Brief Summary:
Staff requests adoption of a resolution supporting MDOT's preliminary designs for Apple Avenue,
including lane reductions and non-motorized facilities.
Detailed Summary & Background:
As presented and discussed yesterday evening, MDOT is progressing with the design of Apple
Avenue. In accordance with public input that supports slower speeds, improved safety and
upgraded facilities for pedestrians and bicyclists, MDOT is investigating reducing the number of lanes.
In particular, as Apple Avenue approaches the downtown area, the street may be overbuilt for the
amount of traffic. Reducing the number of lanes provide the opportunity to increase green space
and potentially provide parking areas, again both thing supported by public feedback and focus
groups.
In order to proceed with the studies necessary to support the lane reduction, MDOT needs a formal
resolution from the City Commission. The attached resolution provides that and expresses the City's
support for the project. Additional agreements, including a potential turnback agreement as
discussed last night, will be presented as MDOT moves through the design process.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Improved transportation connections
throughout the community
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
Adopt the included resolution supporting MDOT's preliminary designs for Apple Avenue including
lane reductions and non-motorized facilities.
Approvals: Guest(s) Invited / Presenting:
Page 151 of 272
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 152 of 272
City of Muskegon
Resolution No. ______
A resolution approving of changes to the lane configuration of Apple Avenue (M-46) beginning at
Webster Avenue and ending at Home Street near US-31 in the City of Muskegon.
WHEREAS, the current lane configuration of Apple Avenue encourages speeds well above the posted 30
mile per hour speed limit, and
WHEREAS, the Michigan Department of Transportation (MDOT) intends to reconstruct the above
described section of Apple Avenue in 2026, and
WHEREAS, MDOT has proposed to reduce the number of lanes in Apple Avenue in some sections, and
WHEREAS, MDOT believes that the proposed lane reconfiguration will serve to improve compliance with
posted speed limits and increase safety for pedestrians and other non-motorized users, and
WHEREAS, MDOT requires an official request from the local governing body to begin a lane reduction
study.
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the City of Muskegon City Commission requests that
MDOT commence with a feasibility study for lane reductions as a part of the 2026 reconstruction of
Apple Avenue (M-46) between Webster Avenue and Home Street.
Moved by Commissioner ______ and supported by Commissioner ______ that the preceding Resolution
be adopted.
Adopted this _____ day of _________, 2024
________________________________
Kenneth D. Johnson, Mayor
________________________________
Ann Meisch, Clerk
CERTIFICATION
This resolution was adopted at a regular meeting of the City Commission, held on the ________ of
________, 2024. 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
________________________________
Ann Meisch, Clerk
Page 153 of 272
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 8, 2024 Title: Parks E/V Polaris Ranger Purchase - US DOE
Rebate Voucher Program
Submitted by: Kyle Karczewski, Parks and Department: DPW- Parks
Recreation Director
Brief Summary:
Staff requests authorization to accept the Energy Efficiency & Conservation Block Grant award and
purchase vehicles and equipment from Babbit's Powersports in the amount of $106,500.
Detailed Summary & Background:
In 2023, the U.S. Department of Energy announced the City of Muskegon was eligible to receive an
Energy Efficiency and Conservation Block Grant (EECBG) in the amount of $76,450. The grant
program is a $550M grant program funded through the Bipartisan Infrastructure Law. It is designed to
assist states, local governments, and Tribes in implementing strategies to reduce energy use, to
reduce fossil fuel emissions, and to improve energy efficiency.
Under this grant program, the City applied and received approval for a Equipment Rebate voucher
to use the funds towards the purchase of two Polaris Ranger XP Kinetic EV side-by-side utility vehicles
for use by the Parks Department. These vehicles have a range of 80 miles and are fully electric
vehicles. The parks department plans to use them in a variety of ways to help us become more
efficient and sustainable as a department. These vehicles are also very effective in the sand and will
be used at our beaches during the summer as part of the park ranger program.
The purchase will be made locally through Babbit's Powersports. The Parks Capital improvement plan
budgeted $30k for a park ranger utility vehicle which is being supplanted by one of the EV Rangers,
and the offsetting costs will allow us to equip these vehicles with a full cab, plow, salt spreaders and
several other upgrades to help with maintenance around the City of Muskegon. The vehicles will
come with some equipment provided by Babbit's (as shown on the attached quotes); staff is
including $16,500 in additional equipment costs to be obtained using standard purchasing policies
once the vehicles arrive and needs are determined (caution lights, decals, additional attachments,
etc.).
The expense is budget-neutral, however a budget amendment is necessary to accept and spend
the grant funds.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Enhanced Parks and Recreation Department and Services
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Parks and Recreation Department and
Services
Page 154 of 272
Amount Requested: Budgeted Item:
Vehicle Purchases: $89,943 Yes No x N/A
Additional Equipment: $16,507
Total Project Cost: $106,450
Fund(s) or Account(s): Budget Amendment Needed:
USDOE Grant: $76,450 Yes x No N/A
Parks ARPA: $30,000
Recommended Motion:
Authorize staff to accept the Energy Efficiency & Conservation Block Grant award and purchase
vehicles and equipment from Babbit's Powersports in the amount of $106,500.
Approvals: Guest(s) Invited / Presenting:
Immediate Division x
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 155 of 272
EECBG Program
Special Terms and Conditions
Special Terms and Conditions
Entity Name:___________________________________ (“Recipient”), which is identified in the
Assistance Agreement, and the Office of State and Community Energy Programs (“SCEP”), and
Energy Efficiency and Conservation Block Grant Program (“EECBG”), an office within the United
States Department of Energy (“DOE”), enters into this Award, to achieve the project objectives
and the technical milestones and deliverables stated in Attachment 1 to this Award.
This Award consists of the following documents, including all terms and conditions therein:
Special Terms and Conditions
Attachment 1 Federal Assistance Reporting Checklist (FARC) 1
Attachment 2 NEPA Determination 2
The following are incorporated into this Award by reference:
• DOE Assistance Regulations, 2 CFR part 200 as amended by 2 CFR part 910 at
http://www.eCFR.gov.
• National Policy Requirements (November 12, 2020) at
http://www.nsf.gov/awards/managing/rtc.jsp.
• The Recipient’s application/proposal as approved by SCEP.
• Public Law 117-58, also known as the Bipartisan Infrastructure Law (BIL).
1
The FARC will be provided at a later date.
2
The NEPA Determination is attached to your application in the EECBG Program Voucher Application Portal
Template Version 12/19/2023
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Special Terms and Conditions
Table of Contents
Subpart A. General Provisions ......................................................................................................................... 4
Term 1. Legal Authority and Effect ....................................................................................................................... 4
Term 2. Flow Down Requirement ........................................................................................................................ 4
Term 3. Compliance with Federal, State, and Municipal Law ............................................................................. 4
Term 4. Inconsistency with Federal Law .............................................................................................................. 4
Term 5. Federal Stewardship ................................................................................................................................ 4
Term 6. NEPA Requirements ................................................................................................................................ 4
Term 7. Notice Regarding the Purchase of American-Made Equipment and Products – Sense of Congress ....5
Term 8. Reporting Requirements ......................................................................................................................... 5
Term 9. Lobbying................................................................................................................................................... 5
Term 10. Publications ............................................................................................................................................. 5
Term 11. No-Cost Extension ................................................................................................................................... 6
Term 12. Property Standards.................................................................................................................................. 6
Term 13. Insurance Coverage ................................................................................................................................. 6
Term 14. Real Property ........................................................................................................................................... 7
Term 15. Equipment ............................................................................................................................................... 7
Term 16. Supplies .................................................................................................................................................... 8
Term 17. Property Trust Relationship .................................................................................................................... 8
Term 18. Record Retention ..................................................................................................................................... 8
Term 19. Audits ....................................................................................................................................................... 8
Term 20. Indemnity................................................................................................................................................. 9
Term 21. Foreign National Participation ................................................................................................................ 9
Term 22. Post-Award Due Diligence Reviews ........................................................................................................ 9
Subpart B. Financial Provisions ....................................................................................................................... 10
Term 23. Maximum Obligation............................................................................................................................. 10
Term 24. Refund Obligation.................................................................................................................................. 10
Term 25. Allowable Costs ..................................................................................................................................... 10
Term 26. Decontamination and/or Decommissioning (D&D) Costs.................................................................... 10
Term 27. Use of Program Income ......................................................................................................................... 10
Term 28. Payment Procedures ............................................................................................................................. 11
Term 29. Budget Changes ..................................................................................................................................... 11
Subpart C. Miscellaneous Provisions .............................................................................................................. 12
Term 30. Environmental, Safety and Health Performance of Work at DOE Facilities ........................................ 12
Term 31. System for Award Management and Universal Identifier Requirements ........................................... 12
Term 32. Nondisclosure and Confidentiality Agreements Assurances ............................................................... 14
Term 33. Contractor Change Notification ............................................................................................................ 15
Term 34. Recipient Integrity and Performance Matters ...................................................................................... 16
Term 35. Export Control........................................................................................................................................ 18
Term 36. Interim Conflict of Interest Policy for Financial Assistance .................................................................. 18
Term 37. Organizational Conflict of Interest ........................................................................................................ 18
Term 38. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment ............19
Term 39. Human Subjects Research ..................................................................................................................... 20
Term 40. Fraud, Waste and Abuse ....................................................................................................................... 21
Subpart D. Bipartisan Infrastructure Law (BIL)-specific requirements ................................................................ 21
2
Term 41. Reporting, Tracking and Segregation of Incurred Costs ....................................................................... 21
Page 157 of 272
Special Terms and Conditions
Term 42. Davis-Bacon Requirements ................................................................................................................... 22
Term 43. Buy American Requirement for Infrastructure Projects ...................................................................... 23
Term 44. Affirmative Action and Pay Transparency Requirements .................................................................... 29
Term 45. Potentially Duplicative Funding Notice ................................................................................................ 29
Term 46. Transparency of Foreign Connections................................................................................................... 29
Term 47. Foreign Collaboration Considerations .................................................................................................. 30
3
Page 158 of 272
Special Terms and Conditions
Subpart A. General Provisions
Term 1. Legal Authority and Effect
A DOE financial assistance award is valid only if it is in writing and is signed, either in writing or
electronically, by a DOE Contracting Officer.
The Recipient may accept or reject the Award. Acknowledgement of award documents by the
Recipient’s authorized representative through electronic systems used by DOE, specifically The
EECBG Program Voucher Portal (https://doerebates.my.site.com/eecbgvouchers/s/),
constitutes the Recipient's acceptance of the terms and conditions of this Award.
Acknowledgement via the EECBG Program Voucher Portal by the Recipient’s authorized
representative constitutes the Recipient's electronic signature.
Term 2. Flow Down Requirement
The Recipient agrees to apply the terms and conditions of this Award, as applicable to all
subcontractors as required by 2 CFR 200.101, and to require their strict compliance therewith.
Further, the Recipient must apply the Award terms as required by 2 CFR 200.327 to all sub
contractors and to require their strict compliance therewith.
Term 3. Compliance with Federal, State, and Municipal Law
The Recipient is required to comply with applicable Federal, state, and local laws and
regulations for all work performed under this Award. The Recipient is required to obtain all
necessary Federal, state, and local permits, authorizations, and approvals for all work
performed under this Award.
Term 4. Inconsistency with Federal Law
Any apparent inconsistency between Federal statutes and regulations and the terms and
conditions contained in this Award must be referred to the DOE Award Administrator for
guidance.
Term 5. Federal Stewardship
SCEP will exercise normal Federal stewardship in overseeing the project activities performed
under this Award. Stewardship activities include, but are not limited to, conducting site visits;
reviewing performance and financial reports; providing technical assistance and/or temporary
intervention in unusual circumstances to address deficiencies that develop during the project;
assuring compliance with terms and conditions; and reviewing technical performance after
project completion to ensure that the project objectives have been accomplished.
Term 6. NEPA Requirements
DOE must comply with the National Environmental Policy Act (NEPA) prior to authorizing the
4
use of Federal funds. Based on all information provided by the Recipient, SCEP has made a
Page 159 of 272
Special Terms and Conditions
NEPA determination by issuing a categorical exclusion (CX) for all activities listed in the
Application approved by the Contracting Officer and the DOE NEPA Determination. The
Recipient is thereby authorized to use Federal funds for the defined project activities, except
where such activity is subject to a restriction set forth elsewhere in this Award.
This authorization is specific to the project activities and locations as described in the
Application approved by the Contracting Officer and the DOE NEPA Determination.
If the Recipient later intends to add to or modify the activities or locations as described in the
approved Application and the DOE NEPA Determination, those new activities/locations or
modified activities/locations are subject to additional NEPA review and are not authorized for
Federal funding until the Contracting Officer provides written authorization on those additions
or modifications. Should the Recipient elect to undertake activities or change locations prior to
written authorization from the Contracting Officer, the Recipient does so at risk of not receiving
Federal funding for those activities, and such costs may not be recognized as allowable cost
share.
Condition(s):
NEPA Logs if conducting potentially ground disturbing activities.
Term 7. Notice Regarding the Purchase of American-Made Equipment and
Products – Sense of Congress
It is the sense of the Congress that, to the greatest extent practicable, all equipment and
products purchased with funds made available under this Award should be American-made.
Term 8. Reporting Requirements
The reporting requirements for this Award are identified on the Federal Assistance Reporting
Checklist, attached to this Award. Failure to comply with these reporting requirements is
considered a material noncompliance with the terms of the Award. Noncompliance may result
in withholding of future payments, suspension, or termination of the current award, and
withholding of future awards. A willful failure to perform, a history of failure to perform, or
unsatisfactory performance of this and/or other financial assistance awards, may also result in a
debarment action to preclude future awards by Federal agencies.
Term 9. Lobbying
By accepting funds under this Award, the Recipient agrees that none of the funds obligated on
the Award shall be expended, directly or indirectly, to influence congressional action on any
legislation or appropriation matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. § 1913. This restriction is in addition to those
prescribed elsewhere in statute and regulation.
5
Term 10. Publications
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Special Terms and Conditions
The Recipient is required to include the following acknowledgement in publications arising out
of, or relating to, work performed under this Award, whether copyrighted or not:
• Acknowledgment: “This material is based upon work supported by the U.S. Department
of Energy’s Office of State and Community Energy Programs (SCEP) under the Energy
Efficiency and Conservation Block Grant (EECBG) Program Application # XXXXXXXXX”
• Full Legal Disclaimer: “This report was prepared as an account of work sponsored by an
agency of the United States Government. Neither the United States Government nor
any agency thereof, nor any of their employees, makes any warranty, express or
implied, or assumes any legal liability or responsibility for the accuracy, completeness,
or usefulness of any information, apparatus, product, or process disclosed, or
represents that its use would not infringe privately owned rights. Reference herein to
any specific commercial product, process, or service by trade name, trademark,
manufacturer, or otherwise does not necessarily constitute or imply its endorsement,
recommendation, or favoring by the United States Government or any agency thereof.
The views and opinions of authors expressed herein do not necessarily state or reflect
those of the United States Government or any agency thereof.”
Abridged Legal Disclaimer: “The views expressed herein do not necessarily represent
the views of the U.S. Department of Energy or the United States Government.”
Recipients should make every effort to include the full Legal Disclaimer. However, in the
event that recipients are constrained by formatting and/or page limitations set by the
publisher, the abridged Legal Disclaimer is an acceptable alternative.
Term 11. No-Cost Extension
As provided in 2 CFR 200.308, the Recipient must provide the Contracting Officer with notice in
advance if it intends to utilize a one-time, no-cost extension of this Award. The notification
must include the supporting reasons and the revised period of performance. The Recipient
must submit this notification in writing to the Contracting Officer and DOE Technology
Manager/ Project Officer at least 30 days before the end of the current budget period.
Any no-cost extension will not alter the project scope, milestones, deliverables, or budget of
this Award.
Term 12. Property Standards
The complete text of the Property Standards can be found at 2 CFR 200.310 through 200.316.
Also see 2 CFR 910.360 for additional requirements for real property and equipment for For-
Profit recipients.
6
Term 13. Insurance Coverage
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Special Terms and Conditions
See 2 CFR 200.310 for insurance requirements for real property and equipment acquired or
improved with Federal funds. Also see 2 CFR 910.360(d) for additional requirements for real
property and equipment for For-Profit recipients.
Term 14. Real Property
Subject to the conditions set forth in 2 CFR 200.311, title to real property acquired or improved
under a Federal award will conditionally vest upon acquisition in the non-Federal entity. The
non-Federal entity cannot encumber this property and must follow the requirements of 2 CFR
200.311 before disposing of the property.
Except as otherwise provided by Federal statutes or by the Federal awarding agency, real
property will be used for the originally authorized purpose as long as needed for that purpose.
When real property is no longer needed for the originally authorized purpose, the non-Federal
entity must obtain disposition instructions from DOE or pass-through entity. The instructions
must provide for one of the following alternatives: (1) retain title after compensating DOE as
described in 2 CFR 200.311(c)(1); (2) Sell the property and compensate DOE as specified in 2
CFR 200.311(c)(2); or (3) transfer title to DOE or to a third party designated/approved by DOE
as specified in 2 CFR 200.311(c)(3).
See 2 CFR 200.311 for additional requirements pertaining to real property acquired or improved
under a Federal award.
Term 15. Equipment
Subject to the conditions provided in 2 CFR 200.313, title to equipment (property) acquired
under a Federal award will conditionally vest upon acquisition with the non-Federal entity. The
non-Federal entity cannot encumber this property and must follow the requirements of 2 CFR
200.313 before disposing of the property.
Equipment must be used by the non-Federal entity in the program or project for which it was
acquired as long as it is needed, whether or not the project or program continues to be
supported by the Federal award. When no longer needed for the originally authorized purpose,
the equipment may be used by programs supported by DOE in the priority order specified in 2
CFR 200.313(c)(1)(i) and (ii).
Management requirements, including inventory and control systems, for equipment are
provided in 2 CFR 200.313(d).
When equipment acquired under a Federal award is no longer needed, the non-Federal entity
must obtain disposition instructions from DOE or pass-through entity.
Disposition will be made as follows: (1) items of equipment with a current fair market value of
$5,000 or less may be retained, sold, or otherwise disposed of with no further obligation to 7
DOE; (2) Non-Federal entity may retain title or sell the equipment after compensating DOE as
Page 162 of 272
Special Terms and Conditions
described in 2 CFR 200.313(e)(2); or (3) transfer title to DOE or to an eligible third party as
specified in 2 CFR 200.313(e)(3).
See 2 CFR 200.313 for additional requirements pertaining to equipment acquired under a
Federal award. See also 2 CFR 200.439 Equipment and other capital expenditures.
Term 16. Supplies
See 2 CFR 200.314 for requirements pertaining to supplies acquired under a Federal award. See
also 2 CFR 200.453 Materials and supplies costs, including costs of computing devices.
Term 17. Property Trust Relationship
Real property, equipment, and intangible property, that are acquired or improved with a
Federal award must be held in trust by the non-Federal entity as trustee for the beneficiaries of
the project or program under which the property was acquired or improved. See 2 CFR 200.316
for additional requirements pertaining to real property, equipment, and intangible property
acquired or improved under a Federal award.
Term 18. Record Retention
Consistent with 2 CFR 200.334 through 200.338, the Recipient is required to retain records
relating to this Award.
Term 19. Audits
A. Government-Initiated Audits
The Recipient must provide any information, documents, site access, or other
assistance requested by SCEP, DOE or Federal auditing agencies (e.g., DOE Inspector
General, Government Accountability Office) for the purpose of audits and
investigations. Such assistance may include, but is not limited to, reasonable access
to the Recipient’s records relating to this Award.
Consistent with 2 CFR part 200 as amended by 2 CFR part 910, DOE may audit the
Recipient’s financial records or administrative records relating to this Award at any
time. Government-initiated audits are generally paid for by DOE.
DOE may conduct a final audit at the end of the project period (or the termination of
the Award, if applicable). Upon completion of the audit, the Recipient is required to
refund to DOE any payments for costs that were determined to be unallowable. If
the audit has not been performed or completed prior to the closeout of the award,
DOE retains the right to recover an appropriate amount after fully considering the
recommendations on disallowed costs resulting from the final audit.
DOE will provide reasonable advance notice of audits and will minimize interference 8
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Special Terms and Conditions
with ongoing work, to the maximum extent practicable.
B. Annual Independent Audits (Single Audit or Compliance Audit)
The Recipient must comply with the annual independent audit requirements in 2
CFR 200.500 through .521 for institutions of higher education, nonprofit
organizations, and state and local governments (Single audit), and 2 CFR 910.500
through .521 for for-profit entities (Compliance audit).
The annual independent audits are separate from Government-initiated audits
discussed in part A. of this Term and must be paid for by the Recipient. To minimize
expense, the Recipient may have a Compliance audit in conjunction with its annual
audit of financial statements. The financial statement audit is not a substitute for
the Compliance audit. If the audit (Single audit or Compliance audit, depending on
Recipient entity type) has not been performed or completed prior to the closeout of
the award, DOE may impose one or more of the actions outlined in 2 CFR 200.339,
Remedies for Noncompliance.
Term 20. Indemnity
The Recipient shall indemnify DOE and its officers, agents, or employees for any and all liability,
including litigation expenses and attorneys' fees, arising from suits, actions, or claims of any
character for death, bodily injury, or loss of or damage to property or to the environment,
resulting from the project, except to the extent that such liability results from the direct fault or
negligence of DOE officers, agents or employees, or to the extent such liability may be covered
by applicable allowable costs provisions.
Term 21. Foreign National Participation
If the Recipient (including any of its contractors) anticipates involving foreign nationals in the
performance of the Award, the Recipient must, upon DOE’s request, provide DOE with specific
information about each foreign national to ensure compliance with the requirements for
participation and access approval. The volume and type of information required may depend
on various factors associated with the Award. The DOE Contracting Officer will notify the
Recipient if this information is required.
DOE may elect to deny a foreign national’s participation in the Award. Likewise, DOE may elect
to deny a foreign national’s access to a DOE sites, information, technologies, equipment,
programs or personnel.
Term 22. Post-Award Due Diligence Reviews
During the life of the Award, DOE may conduct ongoing due diligence reviews, through
Government resources, to identify potential risks of undue foreign influence. In the event, a risk
is identified, DOE may require risk mitigation measures, including but not limited to, requiring
an individual or entity not participate in the Award. 9
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Special Terms and Conditions
Subpart B. Financial Provisions
Term 23. Maximum Obligation
The maximum obligation of DOE for this Award is the total “Funds Obligated” stated in Block 13
of the Assistance Agreement to this Award.
Term 24. Refund Obligation
The Recipient must refund any excess payments received from SCEP, including any costs
determined unallowable by the Contracting Officer. Upon the end of the project period (or the
termination of the Award, if applicable), the Recipient must refund to SCEP the difference
between (1) the total payments received from SCEP, and (2) the Federal share of the costs
incurred. Refund obligations under this Term do not supersede the annual reconciliation or
true up process if specified under the Indirect Cost Term.
Term 25. Allowable Costs
SCEP determines the allowability of costs through reference to 2 CFR part 200 as amended by 2
CFR part 910. All project costs must be allowable, allocable, and reasonable. The Recipient
must document and maintain records of all project costs, including, but not limited to, the costs
paid by Federal funds, costs claimed by its subcontractors, and project costs that the Recipient
claims as cost sharing, including in-kind contributions. The Recipient is responsible for
maintaining records adequate to demonstrate that costs claimed have been incurred, are
reasonable, allowable and allocable, and comply with the cost principles. Upon request, the
Recipient is required to provide such records to SCEP. Such records are subject to audit.
Failure to provide SCEP adequate supporting documentation may result in a determination by
the Contracting Officer that those costs are unallowable.
The Recipient is required to obtain the prior written approval of the Contracting Officer for any
foreign travel costs.
Term 26. Decontamination and/or Decommissioning (D&D) Costs
Notwithstanding any other provisions of this Award, the Government shall not be responsible
for or have any obligation to the Recipient for (1) Decontamination and/or Decommissioning
(D&D) of any of the Recipient’s facilities, or (2) any costs which may be incurred by the
Recipient in connection with the D&D of any of its facilities due to the performance of the work
under this Award, whether said work was performed prior to or subsequent to the effective
date of the Award.
Term 27. Use of Program Income 10
If the Recipient earns program income during the project period as a result of this Award, the
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Recipient must add the program income to the funds committed to the Award and used to
further eligible project objectives.
Term 28. Payment Procedures
A. Method of Payment
Payment will be made by reimbursement by CFO through ACH. Equipment rebate
voucher applications will be approved for payment by DOE once the equipment has
been installed and all required documentation has been provided.
B. Payments
All payments are made by electronic funds transfer to the bank account identified
attached to the Recipient’s UEI and identified in the Recipient’s SAM.gov account.
C. Unauthorized Drawdown of Federal Funds
For each budget period, the Recipient may not spend more than the Federal share
authorized to that award, without specific written approval from the Contracting
Officer. The Recipient must immediately refund SCEP any amounts spent in excess
of the authorized amount.
A. Supporting Documents for Agency Approval of Payments
DOE may request additional information from the Recipient to support the payment
requests prior to release of funds, as deemed necessary. The Recipient is required
to comply with these requests. Supporting documents include invoices, copies of
contracts, vendor quotes, proof of installation and other expenditure explanations
that justify the payment requests.
Term 29. Budget Changes
A. Budget Changes Generally
The Contracting Officer has reviewed and approved the budget in Attachment 1 to
this Award.
Any increase in the total project cost, whether DOE share or Cost Share, which is
stated as “Total” in Block 12 to the Assistance Agreement of this Award, must be
approved in advance and in writing by the Contracting Officer.
Any change that alters the project scope, milestones or deliverables requires prior
written approval of the Contracting Officer. SCEP may deny reimbursement for any
failure to comply with the requirements in this term. 11
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B. Transfers of Funds Among Direct Cost Categories
The Recipient is required to obtain the prior written approval of the Contracting
Officer for any transfer of funds among direct cost categories where the cumulative
amount of such transfers exceeds or is expected to exceed 10 percent of the total
project cost stated in the budget on the recipient’s application.
The Recipient is required to notify the DOE Technology Manager/Project Officer of
any transfer of funds among direct cost categories where the cumulative amount of
such transfers is equal to or below 10 percent of the total project cost, stated in the
budget on the recipient’s application.
Subpart C. Miscellaneous Provisions
Term 30. Environmental, Safety and Health Performance of Work at DOE
Facilities
With respect to the performance of any portion of the work under this Award which is
performed at a DOE -owned or controlled site, the Recipient agrees to comply with all State and
Federal Environmental, Safety and Health (ES&H) regulations and with all other ES&H
requirements of the operator of such site.
Prior to the performance on any work at a DOE-owned or controlled site, the Recipient shall
contact the site facility manager for information on DOE and site-specific ES&H requirements.
The Recipient is required apply this provision to its contractors.
Term 31. System for Award Management and Universal Identifier
Requirements
A. Requirement for Registration in the System for Award Management (SAM)
Unless the Recipient is exempted from this requirement under 2 CFR 25.110, tThe
Recipient must maintain the currency of its information in SAM until the Recipient
submits the final financial report required under this Award or receive the final
payment, whichever is later. This requires that the Recipient reviews and updates
the information at least annually after the initial registration, and more frequently if
required by changes in its information or another award term.
B. Unique Entity Identifier (UEI)
SAM automatically assigns a UEI to all active SAM.gov registered entities. Entities no
12
longer have to go to a third-party website to obtain their identifier. This information
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is displayed on SAM.gov.
If the Recipient is authorized to make subawards under this Award, the Recipient:
i. Must notify potential subrecipients that no entity (see definition in paragraph C
of this award term) may receive a subaward from the Recipient unless the entity
has provided its UEI number to the Recipient.
ii. May not make a subaward to an entity unless the entity has provided its UEI
number to the Recipient.
C. Definitions
For purposes of this award term:
i. System for Award Management (SAM) means the Federal repository into
which an entity must provide information required for the conduct of
business as a recipient. Additional information about registration procedures
may be found at the SAM Internet site (currently at ).
ii. Unique Entity Identifier (UEI) is the 12-character, alpha-numeric identifier
that will be assigned by SAM.gov upon registration.
iii. Entity, as it is used in this award term, means all of the following, as defined
at 2 CFR Part 25, subpart C:
1. A Governmental organization, which is a State, local government, or
Indian Tribe.
2. A foreign public entity.
3. A domestic or foreign nonprofit organization.
4. A domestic or foreign for-profit organization.
5. A Federal agency, but only as a subrecipient under an award or
subaward to a non-Federal entity.
iv. Subaward:
1. This term means a legal instrument to provide support for the
performance of any portion of the substantive project or program for
which the Recipient received this Award and that the Recipient
awards to an eligible subrecipient.
2. The term does not include the Recipient’s procurement of property
and services needed to carry out the project or program (for further
13
explanation, see 2 CFR 200.501 Audit requirements, (f) Subrecipients
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and Contractors and/or 2 CFR 910.501 Audit requirements, (f)
Subrecipients and Contractors).
3. A subaward may be provided through any legal agreement, including
an agreement that the Recipient considers a contract.
v. Subrecipient means an entity that:
1. Receives a subaward from the Recipient under this Award; and
2. Is accountable to the Recipient for the use of the Federal funds
provided by the subaward.
Term 32. Nondisclosure and Confidentiality Agreements Assurances
A. By entering into this agreement, the Recipient attests that it does not and will not
require its employees or contractors to sign internal nondisclosure or confidentiality
agreements or statements prohibiting or otherwise restricting its employees or
contactors from lawfully reporting waste, fraud, or abuse to a designated
investigative or law enforcement representative of a Federal department or agency
authorized to receive such information.
B. The Recipient further attests that it does not and will not use any Federal funds to
implement or enforce any nondisclosure and/or confidentiality policy, form, or
agreement it uses unless it contains the following provisions:
i. ‘‘These provisions are consistent with and do not supersede, conflict with, or
otherwise alter the employee obligations, rights, or liabilities created by
existing statute or Executive order relating to (1) classified information, (2)
communications to Congress, (3) the reporting to an Inspector General of a
violation of any law, rule, or regulation, or mismanagement, a gross waste of
funds, an abuse of authority, or a substantial and specific danger to public
health or safety, or (4) any other whistleblower protection. The definitions,
requirements, obligations, rights, sanctions, and liabilities created by
controlling Executive orders and statutory provisions are incorporated into
this agreement and are controlling.’’
ii. The limitation above shall not contravene requirements applicable to
Standard Form 312, Form 4414, or any other form issued by a Federal
department or agency governing the nondisclosure of classified information.
iii. Notwithstanding provision listed in paragraph (a), a nondisclosure or
confidentiality policy form or agreement that is to be executed by a person 14
connected with the conduct of an intelligence or intelligence-related activity,
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other than an employee or officer of the United States Government, may
contain provisions appropriate to the particular activity for which such
document is to be used. Such form or agreement shall, at a minimum,
require that the person will not disclose any classified information received
in the course of such activity unless specifically authorized to do so by the
United States Government. Such nondisclosure or confidentiality forms shall
also make it clear that they do not bar disclosures to Congress, or to an
authorized official of an executive agency or the Department of Justice, that
are essential to reporting a substantial violation of law.
Term 33. Contractor Change Notification
Except for contractors specifically proposed as part of the Recipient’s Application for award, the
Recipient must notify the Contracting Officer and Project Manager in writing 30 days prior to
the execution of new or modified contract agreements, including naming any To Be Determined
contractors. This notification does not constitute a waiver of the prior approval requirements
outlined in 2 CFR part 200 as amended by 2 CFR part 910, nor does it relieve the Recipient from
its obligation to comply with applicable Federal statutes, regulations, and executive orders.
In order to satisfy this notification requirement, the Recipient documentation must, as a
minimum, include the following:
• A description of the service to be provided or the equipment to be purchased.
• An assurance that the process undertaken by the Recipient to solicit the contractor
complies with their written procurement procedures as outlined in 2 CFR 200.317
through 200.327.
• An assurance that no planned, actual or apparent conflict of interest exists between the
Recipient and the selected contractor and that the Recipient’s written standards of
conduct were followed. 3
• A completed Environmental Questionnaire, if applicable.
• An assurance that the contractor is not a debarred or suspended entity.
• An assurance that all required award provisions will be flowed down in the resulting
contract agreement.
3
It is DOE’s position that the existence of a “covered relationship” as defined in 5 CFR 2635.502(a)&(b) between a member of
the Recipient’s owners or senior management and a member of a subrecipient’s owners or senior management creates at a
minimum an apparent conflict of interest that would require the Recipient to notify the Contracting Officer and provide
detailed information and justification (including, for example, mitigation measures) as to why the subrecipient agreement does
not create an actual conflict of interest. The Recipient must also notify the Contracting Officer of any new subrecipient
agreement with: (1) an entity that is owned or otherwise controlled by the Recipient; or (2) an entity that is owned or 15
otherwise controlled by another entity that also owns or otherwise controls the Recipient, as it is DOE’s position that these
situations also create at a minimum an apparent conflict of interest.
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The Recipient is responsible for making a final determination to award or modify contractor
agreements under this agreement, but the Recipient may not proceed with the contractor
agreement until the Contracting Officer determines, and provides the Recipient written
notification, that the information provided is adequate.
Should the Recipient not receive a written notification of adequacy from the Contracting Officer
within 30 days of the submission of the contractor documentation stipulated above, the
Recipient may proceed to award or modify the proposed contractor agreement.
Term 34. Recipient Integrity and Performance Matters
A. General Reporting Requirement
If the total value of your currently active Financial Assistance awards, grants, and
procurement contracts from all Federal awarding agencies exceeds $10,000,000 for
any period of time during the period of performance of this Federal award, then you
as the recipient during that period of time must maintain the currency of
information reported to the System for Award Management (SAM) that is made
available in the designated integrity and performance system (currently the Federal
Awardee Performance and Integrity Information System (FAPIIS)) about civil,
criminal, or administrative proceedings described in paragraph 2 of this term. This is
a statutory requirement under section 872 of Public Law 110-417, as amended (41
U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information
posted in the designated integrity and performance system on or after April 15,
2011, except past performance reviews required for Federal procurement contracts,
will be publicly available.
B. Proceedings About Which You Must Report
Submit the information required about each proceeding that:
i. Is in connection with the award or performance of a Financial Assistance,
cooperative agreement, or procurement contract from the Federal
Government;
ii. Reached its final disposition during the most recent five-year period; and
iii. Is one of the following:
1. A criminal proceeding that resulted in a conviction, as defined in
paragraph E of this award term and condition;
2. A civil proceeding that resulted in a finding of fault and liability and
payment of a monetary fine, penalty, reimbursement, restitution, or
damages of $5,000 or more;
3. An administrative proceeding, as defined in paragraph E of this term,
that resulted in a finding of fault and liability and your payment of
either a monetary fine or penalty of $5,000 or more or 16
reimbursement, restitution, or damages in excess of $100,000; or
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4. Any other criminal, civil, or administrative proceeding if:
a. It could have led to an outcome described in paragraph B.iii.1,
2, or 3 of this term;
b. It had a different disposition arrived at by consent or
compromise with an acknowledgment of fault on your part;
and
c. The requirement in this term to disclose information about
the proceeding does not conflict with applicable laws and
regulations.
C. Reporting Procedures
Enter in the SAM Entity Management area the information that SAM requires about
each proceeding described in paragraph B of this term. You do not need to submit
the information a second time under assistance awards that you received if you
already provided the information through SAM because you were required to do so
under Federal procurement contracts that you were awarded.
D. Reporting Frequency
During any period of time when you are subject to the requirement in paragraph A
of this term, you must report proceedings information through SAM for the most
recent five-year period, either to report new information about any proceeding(s)
that you have not reported previously or affirm that there is no new information to
report. Recipients that have Federal contract, Financial Assistance awards,
(including cooperative agreement awards) with a cumulative total value greater than
$10,000,000, must disclose semiannually any information about the criminal, civil,
and administrative proceedings.
E. Definitions
For purposes of this term:
i. Administrative proceeding means a non-judicial process that is adjudicatory
in nature in order to make a determination of fault or liability (e.g., Securities
and Exchange Commission Administrative proceedings, Civilian Board of
Contract Appeals proceedings, and Armed Services Board of Contract
Appeals proceedings). This includes proceedings at the Federal and State
level but only in connection with performance of a Federal contract or
Financial Assistance awards. It does not include audits, site visits, corrective
plans, or inspection of deliverables.
ii. Conviction means a judgment or conviction of a criminal offense by any court
of competent jurisdiction, whether entered upon a verdict or a plea, and
includes a conviction entered upon a plea of nolo contendere.
iii. Total value of currently active Financial Assistance awards, cooperative
agreements and procurement contracts includes—
17
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1. Only the Federal share of the funding under any Federal award with a
recipient cost share or match; and
2. The value of all expected funding increments under a Federal award and
options, even if not yet exercised.
Term 35. Export Control
The United States government regulates the transfer of information, commodities, technology,
and software considered to be strategically important to the U.S. to protect national security,
foreign policy, and economic interests without imposing undue regulatory burdens on
legitimate international trade. There is a network of Federal agencies and regulations that
govern exports that are collectively referred to as “Export Controls.” The Recipient is
responsible for ensuring compliance with all applicable United States Export Control laws and
regulations relating to any work performed under a resulting award.
The Recipient must immediately report to DOE any export control violations related to the
project funded under this award, at the recipient or subrecipient level, and provide the
corrective action(s) to prevent future violations.
Term 36. Interim Conflict of Interest Policy for Financial Assistance
The DOE interim Conflict of Interest Policy for Financial Assistance (COI Policy) can be found at
https://www.energy.gov/management/department-energy-interim-conflict-interest-policy-
requirements-financial-assistance. This policy is applicable to all non-Federal entities applying
for, or that receive, DOE funding by means of a financial assistance award (e.g., a grant,
cooperative agreement, or technology investment agreement) and, through the
implementation of this policy by the entity, to each Investigator who is planning to participate
in, or is participating in, the project funded wholly or in part under this Award. The term
“Investigator” means the PI and any other person, regardless of title or position, who is
responsible for the purpose, design, conduct, or reporting of a project funded by DOE or
proposed for funding by DOE. The Recipient must flow down the requirements of the interim
COI Policy to any contracting non-Federal entities, with the exception of DOE National
Laboratories. Further, the Recipient must identify all financial conflicts of interests (FCOI), i.e.,
managed and unmanaged/ unmanageable, in its initial and ongoing FCOI reports.
Prior to award, the Recipient was required to: 1) ensure all Investigators on this Award
completed their significant financial disclosures; 2) review the disclosures; 3) determine
whether a FCOI exists; 4) develop and implement a management plan for FCOIs; and 5) provide
DOE with an initial FCOI report that includes all FCOIs (i.e., managed and
unmanaged/unmanageable). Within 180 days of the date of the Award, the Recipient must be
in full compliance with the other requirements set forth in DOE’s interim COI Policy.
Term 37. Organizational Conflict of Interest
Organizational conflicts of interest are those where, because of relationships with a parent
company, affiliate, or subsidiary organization, the Recipient is unable or appears to be unable to 18
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be impartial in conducting procurement action involving a related organization (2 CFR
200.318(c)(2)).
The Recipient must disclose in writing any potential or actual organizational conflict of interest
to the DOE Contracting Officer. The Recipient must provide the disclosure prior to engaging in
a procurement or transaction using project funds with a parent, affiliate, or subsidiary
organization that is not a state, local government, or Indian tribe. For a list of the information
that must be included the disclosure, see Section VI. of the DOE interim Conflict of Interest
Policy for Financial Assistance at https://www.energy.gov/management/department-energy-
interim-conflict-interest-policy-requirements-financial-assistance.
If the effects of the potential or actual organizational conflict of interest cannot be avoided,
neutralized, or mitigated, the Recipient must procure goods and services from other sources
when using project funds. Otherwise, DOE may terminate the Award in accordance with 2 CFR
200.340 unless continued performance is determined to be in the best interest of the Federal
government.
The Recipient must flow down the requirements of the interim COI Policy to any contracting
non-Federal entities, with the exception of DOE National Laboratories. The Recipient is
responsible for ensuring contractor compliance with this term.
If the Recipient has a parent, affiliate, or subsidiary organization that is not a state, local
government, or Indian tribe, the Recipient must maintain written standards of conduct covering
organizational conflicts of interest.
Term 38. Prohibition on Certain Telecommunications and Video Surveillance
Services or Equipment
As set forth in 2 CFR 200.216, recipients and subrecipients are prohibited from obligating or
expending project funds (Federal and non-Federal funds) to:
(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or
(3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment,
services, or systems that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any
system. As described in Public Law 115-232, section 889, covered telecommunications
equipment is telecommunications equipment produced by Huawei Technologies Company
or ZTE Corporation (or any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities, physical security 19
surveillance of critical infrastructure, and other national security purposes, video
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surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company, or
Dahua Technology Company (or any subsidiary or affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or
using such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the Director
of the National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise connected
to, the government of a covered foreign country.
See Public Law 115-232, section 889 for additional information.
Term 39. Human Subjects Research
Research involving human subjects, biospecimens, or identifiable private information
conducted with Department of Energy (DOE) funding is subject to the requirements of DOE
Order 443.1C, Protection of Human Research Subjects, 45 CFR Part 46, Protection of Human
Subjects (subpart A which is referred to as the “Common Rule”), and 10 CFR Part 745, Protection
of Human Subjects.
Federal regulation and the DOE Order require review by an Institutional Review Board (IRB) of
all proposed human subjects research projects. The IRB is an interdisciplinary ethics board
responsible for ensuring that the proposed research is sound and justifies the use of human
subjects or their data; the potential risks to human subjects have been minimized; participation
is voluntary; and clear and accurate information about the study, the benefits and risks of
participating, and how individuals’ data/specimens will be protected/used, is provided to
potential participants for their use in determining whether or not to participate.
The Recipient shall provide the Federal Wide Assurance number identified in item 1 below and
the certification identified in item 2 below to DOE prior to initiation of any project that will
involve interactions with humans in some way (e.g., through surveys); analysis of their
identifiable data (e.g., demographic data and energy use over time); asking individuals to test
devices, products, or materials developed through research; and/or testing of commercially
available devices in buildings/homes in which humans will be present. Note: This list of
examples is illustrative and not all inclusive.
No DOE funded research activity involving human subjects, biospecimens, or identifiable
private information shall be conducted without:
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1) A registration and a Federal Wide Assurance of compliance accepted by the Office of
Human Research Protection (OHRP) in the Department of Health and Human Services;
and
2) Certification that the research has been reviewed and approved by an Institutional
Review Board (IRB) provided for in the assurance. IRB review may be accomplished by
the awardee’s institutional IRB; by the Central DOE IRB; or if collaborating with one of
the DOE national laboratories, by the DOE national laboratory IRB.
The Recipient is responsible for ensuring all subrecipients comply and for reporting information
on the project annually to the DOE Human Subjects Research Database (HSRD) at
https://science.osti.gov/HumanSubjects/Human-Subjects-Database/home. Note: If a DOE IRB
is used, no end of year reporting will be needed.
Additional information on the DOE Human Subjects Research Program can be found at:
https://science.osti.gov/ber/human-subjects
Term 40. Fraud, Waste and Abuse
The mission of the DOE Office of Inspector General (OIG) is to strengthen the integrity,
economy and efficiency of DOE’s programs and operations including deterring and detecting
fraud, waste, abuse and mismanagement. The OIG accomplishes this mission primarily through
investigations, audits, and inspections of Department of Energy activities to include grants,
cooperative agreements, loans, and contracts. The OIG maintains a Hotline for reporting
allegations of fraud, waste, abuse, or mismanagement. To report such allegations, please visit
https://www.energy.gov/ig/ig‐hotline.
Additionally, the Recipient must be cognizant of the requirements of 2 CFR § 200.113
Mandatory disclosures, which states:
The non‐Federal entity or applicant for a Federal award must disclose, in a
timely manner, in writing to the Federal awarding agency or pass‐through
entity all violations of Federal criminal law involving fraud, bribery, or gratuity
violations potentially affecting the Federal award. Non‐Federal entities that
have received a Federal award including the term and condition outlined in
appendix XII of 2 CFR Part 200 are required to report certain civil, criminal, or
administrative proceedings to SAM (currently FAPIIS). Failure to make
required disclosures can result in any of the remedies described in § 200.339.
(See also 2 CFR part 180, 31 U.S.C. 3321, and 41 U.S.C. 2313.)
Subpart D. Bipartisan Infrastructure Law (BIL)-specific requirements
21
Term 41. Reporting, Tracking and Segregation of Incurred Costs
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BIL funds can be used in conjunction with other funding, as necessary to complete projects, but
tracking and reporting must be separate to meet the reporting requirements of the BIL and
related Office of Management and Budget (OMB) Guidance. The Recipient must keep separate
records for BIL funds and must ensure those records comply with the requirements of the BIL.
Funding provided through the BIL that is supplemental to an existing grant or cooperative
agreement is one-time funding.
Term 42. Davis-Bacon Requirements
This award is funded under Division D of the Bipartisan Infrastructure Law (BIL). All laborers
and mechanics employed by the recipient, subrecipients, contractors or subcontractors in the
performance of construction, alteration, or repair work in excess of $2,000 on an award funded
directly by or assisted in whole or in part by funds made available under this award shall be
paid wages at rates not less than those prevailing on similar projects in the locality, as
determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title
40, United States Code commonly referred to as the “Davis-Bacon Act” (DBA).
Recipients shall provide written assurance acknowledging the DBA requirements for the award
or project and confirming that all of the laborers and mechanics performing construction,
alteration, or repair, through funding under the award are paid or will be paid wages at rates
not less than those prevailing on projects of a character similar in the locality as determined by
Subchapter IV of Chapter 31 of Title 40, United States Code (Davis-Bacon Act).
The Recipient must comply with all of the Davis-Bacon Act requirements, including but not
limited to:
(1) ensuring that the wage determination(s) and appropriate Davis-Bacon clauses
and requirements are flowed down to and incorporated into any applicable
subcontracts.
(2) being responsible for compliance by any subcontractor with the Davis-Bacon
labor standards.
(3) receiving and reviewing certified weekly payrolls submitted by all
subcontractors and subrecipients for accuracy and to identify potential
compliance issues.
(4) maintaining original certified weekly payrolls for 3 years after the completion
of the project and must make those payrolls available to the DOE or the
Department of Labor upon request, as required by 29 CFR 5.6(a)(2).
(5) conducting payroll and job-site reviews for construction work, including
interviews with employees, with such frequency as may be necessary to assure
compliance by its subcontractors and as requested or directed by the DOE.
(6) cooperating with any authorized representative of the Department of Labor
in their inspection of records, interviews with employees, and other actions 22
undertaken as part of a Department of Labor investigation.
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(7) posting in a prominent and accessible place the wage determination(s) and
Department of Labor Publication: WH-1321, Notice to Employees Working on
Federal or Federally Assisted Construction Projects.
(8) notifying the Contracting Officer of all labor standards issues, including all
complaints regarding incorrect payment of prevailing wages and/or fringe
benefits, received from the recipient, , contractor, or subcontractor employees;
significant labor standards violations, as defined in 29 CFR 5.7; disputes
concerning labor standards pursuant to 29 CFR parts 4, 6, and 8 and as defined in
FAR 52.222-14; disputed labor standards determinations; Department of Labor
investigations; or legal or judicial proceedings related to the labor standards
under this Contract, a subcontract, or subrecipient award.
(9) preparing and submitting to the Contracting Officer, the Office of
Management and Budget Control Number 1910-5165, Davis Bacon Semi-Annual
Labor Compliance Report, by April 21 and October 21 of each year. Form
submittal will be administered through the iBenefits system
(https://doeibenefits2.energy.gov) or its successor system.
The Recipient must undergo Davis-Bacon Act compliance training and must maintain
competency in Davis-Bacon Act compliance. The Contracting Officer will notify the Recipient of
any DOE sponsored Davis-Bacon Act compliance trainings. The Department of Labor offers free
Prevailing Wage Seminars several times a year that meet this requirement, at
https://www.dol.gov/agencies/whd/government-contracts/construction/seminars/events.
The Department of Energy has contracted with, a third-party DBA electronic payroll compliance
software application. The Recipient must ensure the timely electronic submission of weekly
certified payrolls as part of its compliance with the Davis-Bacon Act unless a waiver is granted
to a particular contractor or subcontractor because they are unable or limited in their ability to
use or access the software.
Davis Bacon Act Electronic Certified Payroll Submission Waiver
A waiver must be granted before the award starts. The applicant does not have the right to
appeal SCEP’s decision concerning a waiver request.
For additional guidance on how to comply with the Davis-Bacon provisions and clauses, see
https://www.dol.gov/agencies/whd/government-contracts/construction and
https://www.dol.gov/agencies/whd/government-contracts/protections-for-workers-in-
construction.
Term 43. Buy American Requirement for Infrastructure Projects
*NOTE: Buy American Requirements only apply to awards over $250,000. Please disregard this 23
section if your total EECBG Program award is less than $250,000.
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A. Definitions
Components are defined as the articles, materials, or supplies
incorporated directly into the end manufactured product(s).
Construction Materials are an article, material, or supply—other than
an item primarily of iron or steel; a manufactured product; cement
and cementitious materials; aggregates such as stone, sand, or gravel;
or aggregate binding agents or additives—that is used in an
infrastructure project and is or consists primarily of non-ferrous
metals, plastic and polymer-based products (including
polyvinylchloride, composite building materials, and polymers used in
fiber optic cables), glass (including optic glass), lumber, drywall,
coatings (paints and stains), optical fiber, clay brick; composite
building materials; or enginSCEPd wood products.
Domestic Content Procurement Preference Requirement- means a
requirement that no amounts made available through a program for
federal financial assistance may be obligated for an infrastructure
project unless—
(A) all iron and steel used in the project are produced in the United
States;
(B) the manufactured products used in the project are produced in the
United States; or
(C) the construction materials used in the project are produced in the
United States.
Also referred to as the Buy America Requirement.
Infrastructure includes, at a minimum, the structures, facilities, and
equipment located in the United States, for: roads, highways, and
bridges; public transportation; dams, ports, harbors, and other
maritime facilities; intercity passenger and freight railroads; freight
and intermodal facilities; airports; water systems, including drinking
water and wastewater systems; electrical transmission facilities and
systems; utilities; broadband infrastructure; and buildings and real
property; and generation, transportation, and distribution of energy -
including electric vehicle (EV) charging.
The term “infrastructure” should be interpreted broadly, and the
definition provided above should be considered as illustrative and not
exhaustive.
24
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Special Terms and Conditions
Manufactured Products are items used for an infrastructure project
made up of components that are not primarily of iron or steel;
construction materials; cement and cementitious materials’
aggregates such as stone, sand, or gravel; or aggregate binding agents
or additives.
Primarily of iron or steel means greater than 50% iron or steel,
measured by cost.
Project- means the construction, alteration, maintenance, or repair of
infrastructure in the United States.
Public- The Buy America Requirement does not apply to non-public
infrastructure. For purposes of this guidance, infrastructure should be
considered “public” if it is: (1) publicly owned or (2) privately owned
but utilized primarily for a public purpose. Infrastructure should be
considered to be “utilized primarily for a public purpose” if it is
privately operated on behalf of the public or is a place of public
accommodation.
B. Buy America Requirement
None of the funds provided under this award (federal share or
recipient cost-share) may be used for a project for infrastructure
unless:
1. All iron and steel used in the project is produced in the
United States—this means all manufacturing processes,
from the initial melting stage through the application of
coatings, occurred in the United States;
2. All manufactured products used in the project are
produced in the United States—this means the
manufactured product was manufactured in the United
States; and the cost of the components of the
manufactured product that are mined, produced, or
manufactured in the United States is greater than 55
percent of the total cost of all components of the
manufactured product, unless another standard for
determining the minimum amount of domestic content of
the manufactured product has been established under
applicable law or regulation; and
25
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Special Terms and Conditions
3. All construction materials are manufactured in the United
States—this means that all manufacturing processes for the
construction material occurred in the United States.
The Buy America Requirement only applies to articles, materials, and
supplies that are consumed in, incorporated into, or permanently
affixed to an infrastructure project. As such, it does not apply to tools,
equipment, and supplies, such as temporary scaffolding, brought into
the construction site and removed at or before the completion of the
infrastructure project. Nor does a Buy America Requirement apply to
equipment and furnishings, such as movable chairs, desks, and
portable computer equipment, that are used at or within the finished
infrastructure project but are not an integral part of the structure or
permanently affixed to the infrastructure project.
Recipients are responsible for administering their award in accordance
with the terms and conditions, including the Buy America
Requirement. The recipient must ensure that the Buy America
Requirement flows down to all subawards and that the subawardees
and subrecipients comply with the Buy America Requirement. The
Buy America Requirement term and condition must be included all
sub-awards, contracts, subcontracts, and purchase orders for work
performed under the infrastructure project.
C. Certification of Compliance
The Recipient must certify or provide equivalent documentation for
proof of compliance that a good faith effort was made to solicit bids
for domestic products used in the infrastructure project under this
Award.
The Recipient must also maintain certifications or equivalent
documentation for proof of compliance that those articles, materials,
and supplies that are consumed in, incorporated into, affixed to, or
otherwise used in the infrastructure project, not covered by a waiver
or exemption, are produced in the United States. The certification or
proof of compliance must be provided by the suppliers or
manufacturers of the iron, steel, manufactured products and
construction materials and flow up from all subawardees, contractors
and vendors to the Recipient. The Recipient must keep these
certifications with the award/project files and be able to produce
them upon request from DOE, auditors or Office of Inspector General.
26
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Special Terms and Conditions
D. Waivers
When necessary, the Recipient may apply for, and DOE may grant, a
waiver from the Buy America Requirement. Requests to waive the
application of the Buy America Requirement must be in writing to the
Contracting Officer. Waiver requests are subject to review by DOE and
the Office of Management and Budget, as well as a public comment
period of no less than 15 calendar days.
Waivers must be based on one of the following justifications:
1. Public Interest- Applying the Buy America Requirement would
be inconsistent with the public interest;
2. Non-Availability- The types of iron, steel, manufactured
products, or construction materials are not produced in the
United States in sufficient and reasonably available quantities
or of a satisfactory quality; or
3. Unreasonable Cost- The inclusion of iron, steel, manufactured
products, or construction materials produced in the United
States will increase the cost of the overall project by more than
25 percent.
Requests to waive the Buy America Requirement must include the
following:
• Waiver type (Public Interest, Non-Availability, or Unreasonable
Cost);
• Recipient name and Unique Entity Identifier (UEI);
• Award information (Federal Award Identification Number,
Assistance Listing number);
• A brief description of the project, its location, and the specific
infrastructure involved;
• Total estimated project cost, with estimated federal share and
recipient cost share breakdowns;
• Total estimated infrastructure costs, with estimated federal
share and recipient cost share breakdowns;
• List and description of iron or steel item(s), manufactured
goods, and/or construction material(s) the recipient seeks to
waive from the Buy America Preference, including name, cost,
quantity(ies), country(ies) of origin, and relevant Product
Service Codes (PSC) and North American Industry Classification
27
System (NAICS) codes for each;
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Special Terms and Conditions
• A detailed justification as to how the non-domestic item(s)
is/are essential the project;
• A certification that the recipient made a good faith effort to
solicit bids for domestic products supported by terms included
in requests for proposals, contracts, and non-proprietary
communications with potential suppliers;
• A justification statement—based on one of the applicable
justifications outlined above—as to why the listed items
cannot be procured domestically, including the due diligence
performed (e.g., market research, industry outreach, cost
analysis, cost-benefit analysis) by the recipient to attempt to
avoid the need for a waiver. This justification may cite, if
applicable, the absence of any Buy America-compliant bids
received for domestic products in response to a solicitation;
and
• Anticipated impact to the project if no waiver is issued.
The Recipient should consider using the following principles as
minimum requirements contained in their waiver request:
• Time-limited: Consider a waiver constrained principally by a
length of time, rather than by the specific project/award to
which it applies. Waivers of this type may be appropriate, for
example, when an item that is “non-available” is widely used in
the project. When requesting such a waiver, the Recipient
should identify a reasonable, definite time frame (e.g., no more
than one to two years) designed so that the waiver is reviewed
to ensure the condition for the waiver (“non-availability”) has
not changed (e.g., domestic supplies have become more
available).
• Targeted: Waiver requests should apply only to the item(s),
product(s), or material(s) or category(ies) of item(s),
product(s), or material(s) as necessary and justified. Waivers
should not be overly broad as this will undermine domestic
preference policies.
• Conditional: The Recipient may request a waiver with specific
conditions that support the policies of IIJA/BABA and Executive
Order 14017.
DOE may request, and the Recipient must provide, additional
28
information for consideration of this wavier. DOE may reject or grant
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Special Terms and Conditions
waivers in whole or in part depending on its review, analysis, and/or
feedback from OMB or the public. DOEs final determination regarding
approval or rejection of the waiver request may not be appealed.
Waiver requests may take up to 90 calendar days to process.
Term 44. Affirmative Action and Pay Transparency Requirements
All federally assisted construction contracts exceeding $10,000 annually will be subject to the
requirements of Executive Order 11246:
(1) Recipients and contractors are prohibited from discriminating in
employment decisions on the basis of race, color, religion, sex, sexual
orientation, gender identity or national origin.
(2) Recipients and contractors are required to take affirmative action to
ensure that equal opportunity is provided in all aspects of their
employment. This includes flowing down the appropriate language to all
subrecipients, contractors and subcontractors.
(3) Recipients and contractors are prohibited from taking adverse
employment actions against applicants and employees for asking about,
discussing, or sharing information about their pay or, under certain
circumstances, the pay of their co‐workers.
The Department of Labor’s (DOL) Office of Federal Contractor Compliance Programs (OFCCP)
uses a neutral process to schedule contractors for compliance evaluations. OFCCP’s Technical
Assistance Guide 4 should be consulted to gain an understanding of the requirements and
possible actions the recipients, subrecipients, contractors and subcontractors must take.
Term 45. Potentially Duplicative Funding Notice
If the Recipient have or receive any other award of federal funds for activities that potentially
overlap with the activities funded under this Award, the Recipient must promptly notify DOE in
writing of the potential overlap and state whether project funds (i.e., recipient cost share and
federal funds) from any of those other federal awards have been, are being, or are to be used
(in whole or in part) for one or more of the identical cost items under this Award. If there are
identical cost items, the Recipient must promptly notify the DOE Contracting Officer in writing
of the potential duplication and eliminate any inappropriate duplication of funding.
Term 46. Transparency of Foreign Connections
4
See OFCCP’s Technical Assistance Guide at: 29
https://www.dol.gov/sites/dolgov/files/ofccp/Construction/files/ConstructionTAG.pdf?msclkid=9e397d68c4b111ec
9d8e6fecb6c710ec Also see the National Policy Assurances http://www.nsf.gov/awards/managing/rtc.jsp
Page 184 of 272
Special Terms and Conditions
During the term of the Award, the Recipient must notify the DOE Contracting Officer within
fifteen (15) business days of learning of the following circumstances in relation to the Recipient
or contractors:
1. The existence of any joint venture or subsidiary that is based in, funded by, or has a
foreign affiliation with any foreign country of risk;
2. Any current or pending contractual or financial obligation or other agreement
specific to a business arrangement, or joint venture-like arrangement with an
enterprise owned by a country of risk or foreign entity based in a country of risk;
3. Any current or pending change in ownership structure of the Recipient or
contractors that increases foreign ownership related to a country of risk;
4. Any current or pending venture capital or institutional investment by an entity that
has a general partner or individual holding a leadership role in such entity who has a
foreign affiliation with any foreign country of risk;
5. Any current or pending technology licensing or intellectual property sales to a
foreign country of risk; and
6. Any current or pending foreign business entity, offshore entity, or entity outside the
United States related to the Recipient or subrecipient.
Term 47. Foreign Collaboration Considerations
a. Consideration of new collaborations with foreign organizations and governments.
The Recipient must provide DOE with advanced written notification of any potential
collaboration with foreign entities, organizations or governments in connection with
its DOE-funded award scope. The Recipient must await further guidance from DOE
prior to contacting the proposed foreign entity, organization or government
regarding the potential collaboration or negotiating the terms of any potential
agreement.
b. Existing collaborations with foreign entities, organizations and governments. The
Recipient must provide DOE with a written list of all existing foreign collaborations in
which has entered in connection with its DOE-funded award scope.
c. Description of collaborations that should be reported: In general, a collaboration will
involve some provision of a thing of value to, or from, the Recipient. A thing of value
includes but may not be limited to all resources made available to, or from, the
recipient in support of and/or related to the Award, regardless of whether or not
they have monetary value. Things of value also may include in-kind contributions
(such as office/laboratory space, data, equipment, supplies, employees, students).
In-kind contributions not intended for direct use on the Award but resulting in
provision of a thing of value from or to the Award must also be reported.
Collaborations do not include routine workshops, conferences, use of the Recipient’s
services and facilities by foreign investigators resulting from its standard published 30
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Special Terms and Conditions
process for evaluating requests for access, or the routine use of foreign facilities by
awardee staff in accordance with the Recipient’s standard policies and procedures.
________________________________________________________________
Authorized Signature Date
Name:
Title:
Entity Name:
31
Page 186 of 272
LIEN HOLDER
MODEL #: RGR XP KINETIC
DATE 7/24/2024 STOCK # 38248 SALESMAN ANDY
SALES MANAGER AUSTIN
YEAR MAKE MODEL MILES NEW PREOWNED COLOR
2024 POLARIS RGR XP KINETIC 0 X WHITE
VIN # 4XAE3GC47R8460735 PICK UP DAY & TIME
AVAIL ITEM PART NUMBER PRICE SALE LABOR RETAIL PRICE 0.00 SALE PRICE 37499.00
1 WINDSHEILD 2889021 990 990 FRT/SET-UP 0.00 FRT/SET-UP 1638.00
1 WIPER 2883974 770 770 DOC 0.00 DOC 199.00
1 FRONT DOOR 2889811-070 3850 3850 ON ROAD CC FEE 0.00 ON ROAD CC FEE 0.00
1 REAR GLASS 2879013 572 572 ACCESSORIES 0.00 ACCESSORIES 9449.00
1 ROOF 2882911 495 495 LABOR 0.00 LABOR 1800.00
1 SIDE MIRROR 2889241 198 198 TRADE IN 0.00 TRADE IN 0.00
1 HEATER 2889499 1705 1705 TRADE PAYOFF 0.00 TRADE PAYOFF 0.00
1 WALL CHRGR 2890040 715 715 TRADE EQUITY 0.00 TRADE EQUITY 0.00
1 MIRROR 2881439 154 154 SUBTOTAL 0.00 SUBTOTAL 50585.00
TAX @ 6% TAX @ 6%
TITLE/LICENSE 0.00 TITLE/LICENSE 11.00
SHIPPING 0.00 SHIPPING 0.00
DISCOUNT 0.00 DISCOUNT 0.00
WARRANTY 0.00 WARRANTY 0.00
DELIVERY 0.00 DELIVERY 0.00
OFF ROAD CC FEE 0.00 OFF ROAD CC FEE 0.00
DOWN PAYMENT 0.00 DOWN PAYMENT 0.00
ACCESSORIES TOTAL 9449 9449 0 TOTAL PURCHASE $0.00 TOTAL PURCHASE $50,596.00
SAVINGS $0.00 BALANCE $0.00 BALANCE $50,596.00
TRADE INFORMATION
YEAR MAKE MODEL MILES COLOR VIN#
MUST HAVE YES NO OUT OF STATE CUSTOMERS WITH TRADE IN MUST BE HERE
ACTUAL TITLE 2 HOURS PRIOR TO CLOSE
LEIN RELEASE (If Applicable ) LIEN HOLDER
MUST BE IN BUYERS NAME
Buyer (LEGAL NAME) MAIN PHONE
CITY OF MUSKEGON PARKS & RECREATION DEPARTMENT 231-724-4100
EMAIL
ParksandRecreation@shorelinecity.com
LEGAL ADDRESS
1350 E KEATING AVE D.L.# NA
D.O.B. NA
Co Buyer
CITY MUSKEGON STATE MI D.L.#
ZIP CODE 49442 COUNTY MUSKEGON D.O.B.
HEROES COMMENT
DEPOSIT ONLY
PROGRAM AG
NONE
CHECK / CASH / CC
PAYMENT
FINANCE
YES
FINANCE SIGNATURE:
NO
Page 187 of 272
LIEN HOLDER
MODEL #: RGR XP KINETIC
DATE 7/24/2024 STOCK # SALESMAN ANDY
SALES MANAGER AUSTIN
YEAR MAKE MODEL MILES NEW PREOWNED COLOR
2024 POLARIS RGR XP KINETIC 0 X WHITE
VIN # PICK UP DAY & TIME
AVAIL ITEM PART NUMBER PRICE SALE LABOR RETAIL PRICE 0.00 SALE PRICE 37499.00
FRT/SET-UP 0.00 FRT/SET-UP 1638.00
DOC 0.00 DOC 199.00
ON ROAD CC FEE 0.00 ON ROAD CC FEE 0.00
ACCESSORIES 0.00 ACCESSORIES 0.00
LABOR 0.00 LABOR 0.00
TRADE IN 0.00 TRADE IN 0.00
TRADE PAYOFF 0.00 TRADE PAYOFF 0.00
TRADE EQUITY 0.00 TRADE EQUITY 0.00
SUBTOTAL 0.00 SUBTOTAL 39336.00
TAX @ 6% TAX @ 6%
TITLE/LICENSE 0.00 TITLE/LICENSE 11.00
SHIPPING 0.00 SHIPPING 0.00
DISCOUNT 0.00 DISCOUNT 0.00
WARRANTY 0.00 WARRANTY 0.00
DELIVERY 0.00 DELIVERY 0.00
OFF ROAD CC FEE 0.00 OFF ROAD CC FEE 0.00
DOWN PAYMENT 0.00 DOWN PAYMENT 0.00
ACCESSORIES TOTAL 0 0 0 TOTAL PURCHASE $0.00 TOTAL PURCHASE $39,347.00
SAVINGS $0.00 BALANCE $0.00 BALANCE $39,347.00
TRADE INFORMATION
YEAR MAKE MODEL MILES COLOR VIN#
MUST HAVE YES NO OUT OF STATE CUSTOMERS WITH TRADE IN MUST BE HERE
ACTUAL TITLE 2 HOURS PRIOR TO CLOSE
LEIN RELEASE (If Applicable ) LIEN HOLDER
MUST BE IN BUYERS NAME
Buyer (LEGAL NAME) MAIN PHONE
CITY OF MUSKEGON PARKS & RECREATION DEPARTMENT 231-724-4100
EMAIL
ParksandRecreation@shorelinecity.com
LEGAL ADDRESS
1350 E KEATING AVE D.L.# NA
D.O.B. NA
Co Buyer
CITY MUSKEGON STATE MI D.L.#
ZIP CODE 49442 COUNTY MUSKEGON D.O.B.
HEROES COMMENT
DEPOSIT ONLY
PROGRAM AG
NONE
CHECK / CASH / CC
PAYMENT
FINANCE
YES
FINANCE SIGNATURE:
NO
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RECIPIENT:2 - Equipment Rebate Voucher - Nontribal EECBG Statement of Work with PA No STATE:
Mult
Ground Disturbance
PROJECT TITLE
: 2 - Energy Efficiency and Conservation Block Grant Program - Equipment Rebate Voucher
Funding Opportunity Announcement Number Procurement Instrument Number NEPA Control Number CID Number
EECBG Program Formula - IIJA, DE-FOA-0002882 GFO-EECBG-ERV2023-002
Based on my review of the information concerning the proposed action, as NEPA Compliance Officer (authorized under DOE
Policy 451.1), I have made the following determination:
CX, EA, EIS APPENDIX AND NUMBER:
Description:
A9 Information Information gathering (including, but not limited to, literature surveys, inventories, site visits, and audits),
gathering, data analysis (including, but not limited to, computer modeling), document preparation (including, but not
analysis, and limited to, conceptual design, feasibility studies, and analytical energy supply and demand studies), and
dissemination information dissemination (including, but not limited to, document publication and distribution, and
classroom training and informational programs), but not including site characterization or environmental
monitoring. (See also B3.1 of appendix B to this subpart.)
B2.2 Building Installation of, or improvements to, building and equipment instrumentation (including, but not limited to,
and equipment remote control panels, remote monitoring capability, alarm and surveillance systems, control systems to
instrumentation provide automatic shutdown, fire detection and protection systems, water consumption monitors and flow
control systems, announcement and emergency warning systems, criticality and radiation monitors and
alarms, and safeguards and security equipment).
B5.1 Actions to (a) Actions to conserve energy or water, demonstrate potential energy or water conservation, and promote
conserve energy energy efficiency that would not have the potential to cause significant changes in the indoor or outdoor
or water concentrations of potentially harmful substances. These actions may involve financial and technical
assistance to individuals (such as builders, owners, consultants, manufacturers, and designers),
organizations (such as utilities), and governments (such as state, local, and tribal). Covered actions
include, but are not limited to weatherization (such as insulation and replacing windows and doors);
programmed lowering of thermostat settings; placement of timers on hot water heaters; installation or
replacement of energy efficient lighting, low-flow plumbing fixtures (such as faucets, toilets, and
showerheads), heating, ventilation, and air conditioning systems, and appliances; installation of drip-
irrigation systems; improvements in generator efficiency and appliance efficiency ratings; efficiency
improvements for vehicles and transportation (such as fleet changeout); power storage (such as flywheels
and batteries, generally less than 10 megawatt equivalent); transportation management systems (such as
traffic signal control systems, car navigation, speed cameras, and automatic plate number recognition);
development of energy-efficient manufacturing, industrial, or building practices; and small-scale energy
efficiency and conservation research and development and small-scale pilot projects. Covered actions
include building renovations or new structures, provided that they occur in a previously disturbed or
developed area. Covered actions could involve commercial, residential, agricultural, academic,
institutional, or industrial sectors. Covered actions do not include rulemakings, standard-settings, or
proposed DOE legislation, except for those actions listed in B5.1(b) of this appendix. (b) Covered actions
include rulemakings that establish energy conservation standards for consumer products and industrial
equipment, provided that the actions would not: (1) have the potential to cause a significant change in
manufacturing infrastructure (such as construction of new manufacturing plants with considerable
associated ground disturbance); (2) involve significant unresolved conflicts concerning alternative uses of
available resources (such as rare or limited raw materials); (3) have the potential to result in a significant
increase in the disposal of materials posing significant risks to human health and the environment (such as
RCRA hazardous wastes); or (4) have the potential to cause a significant increase in energy consumption
in a state or region.
B5.14 Combined Conversion to, replacement of, or modification of combined heat and power or cogeneration systems (the
heat and power sequential or simultaneous production of multiple forms of energy, such as thermal and electrical energy, in
or cogeneration a single integrated system) at existing facilities, provided that the conversion, replacement, or modification
systems would not have the potential to cause a significant increase in the quantity or rate of air emissions and
would not have the potential to cause significant impacts to water resources.
B5.16 Solar The installation, modification, operation, and removal of commercially available solar photovoltaic systems
photovoltaic located on a building or other structure (such as rooftop, parking lot or facility, and mounted to signage,
systems lighting, gates, or fences), or if located on land, generally comprising less than 10 acres within a previously
disturbed or developed area. Covered actions would be in accordance with applicable requirements (such
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as local land use and zoning requirements) in the proposed project area and would incorporate appropriate
control technologies and best management practices.
B5.17 Solar The installation, modification, operation, and removal of commercially available smallscale solar thermal
thermal systems systems (including, but not limited to, solar hot water systems) located on or contiguous to a building, and
if located on land, generally comprising less than 10 acres within a previously disturbed or developed area.
Covered actions would be in accordance with applicable requirements (such as local land use and zoning
requirements) in the proposed project area and would incorporate appropriate control technologies and
best management practices.
B5.18 Wind The installation, modification, operation, and removal of a small number (generally not more than 2) of
turbines commercially available wind turbines, with a total height generally less than 200 feet (measured from the
ground to the maximum height of blade rotation) that (1) are located within a previously disturbed or
developed area; (2) are located more than 10 nautical miles (about 11.5 miles) from an airport or aviation
navigation aid; (3) are located more than 1.5 nautical miles (about 1.7 miles) from National Weather
Service or Federal Aviation Administration Doppler weather radar; (4) would not have the potential to
cause significant impacts on bird or bat populations; and (5) are sited or designed such that the project
would not have the potential to cause significant impacts to persons (such as from shadow flicker and
other visual effects, and noise). Covered actions would be in accordance with applicable requirements
(such as local land use and zoning requirements) in the proposed project area and would incorporate
appropriate control technologies and best management practices. Covered actions include only those
related to wind turbines to be installed on land.
B5.20 Biomass The installation, modification, operation, and removal of small-scale biomass power plants (generally less
power plants than 10 megawatts), using commercially available technology (1) intended primarily to support operations
in single facilities (such as a school and community center) or contiguous facilities (such as an office
complex); (2) that would not affect the air quality attainment status of the area and would not have the
potential to cause a significant increase in the quantity or rate of air emissions and would not have the
potential to cause significant impacts to water resources; and (3) would be located within a previously
disturbed or developed area. Covered actions would be in accordance with applicable requirements (such
as local land use and zoning requirements) in the proposed project area and would incorporate appropriate
control technologies and best management practices.
B5.22 Alternative The installation, modification, operation, and removal of alternative fuel vehicle fueling stations (such as for
fuel vehicle compressed natural gas, hydrogen, ethanol and other commercially available biofuels) on the site of a
fueling stations current or former fueling station, or within a previously disturbed or developed area within the boundaries
of a facility managed by the owners of a vehicle fleet. Covered actions would be in accordance with
applicable requirements (such as local land use and zoning requirements) in the proposed project area
and would incorporate appropriate control technologies and best management practices.
B5.23 Electric The installation, modification, operation, and removal of electric vehicle charging stations, using
vehicle charging commercially available technology, within a previously disturbed or developed area. Covered actions are
stations limited to areas where access and parking are in accordance with applicable requirements (such as local
land use and zoning requirements) in the proposed project area and would incorporate appropriate control
technologies and best management practices.
Rationale for determination:
The U.S. Department of Energy (DOE) administers the Energy Efficiency Conservation Block Grant Program
(EECBG) as authorized by Title V, Subtitle E of the Energy Independence and Security Act of 2007 (EISA), as
amended, and signed into Public Law (PL 110-140) on December 19, 2007. All awards made under this program shall
comply with applicable laws and regulations including, but not limited to, 2 CFR Part 200 as amended by 2 CFR Part
910 and Section 40552 of the Infrastructure Investment and Jobs Act (IIJA) (PL 117-58).
Under the Administrative and Legal Requirements Document (ALRD) for the EECBG Program Formula Infrastructure
Investment and Jobs Act (EECBG Formula - IIJA) DOE would distribute EECBG Equipment Rebate Vouchers to
eligible units of local government, states, and Indian tribes. (hereinafter “Recipients”). Estimated individual Recipient
allocations are included in the ALRD. The EECBG Program is designed to assist these Recipients in implementing
strategies to reduce energy use, to reduce fossil fuel emissions, and to improve energy efficiency.
This NEPA determination is specific to Recipients meeting the qualifications of EECBG Equipment Rebate Voucher
Statement of Work #2 (SOW 2), designated for non-tribal recipients with a Historic Preservation Programmatic
Agreement proposing no ground disturbing activities. NEPA determinations for other EECBG Equipment Rebate
Voucher NEPA statements of work have been completed under the following control numbers: GFO-EECBG-
ERV2023-001, GFO-EECBG-ERV2023-003, and GFO-EECBG-ERV2023-004.
DOE has determined the following Blueprints and additional activities funded by EECBG Program Formula - IIJA
ALRD, are categorically excluded from further NEPA review, absent extraordinary circumstances, cumulative impacts,
or connected actions that may lead to significant impacts on the environment, or any inconsistency with “integral
elements” (as contained in 10 C.F.R. Part 1021, Appendix B) as they relate to a particular project.
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Activities proposed on tribal lands or tribal properties would be restricted to homes/buildings less than forty-five (45)
years old and without ground disturbance. Recipients would contact the DOE Project Officer for a Historic
Preservation Worksheet to request a review of activities that are listed below on tribal homes/buildings forty-five (45)
years and older and/or ground disturbing activities. The DOE NEPA team must review the Historic Preservation
Worksheet and notify the Recipient’s DOE Project Officer before activities listed on the Historic Preservation
Worksheet may begin.
Blueprints:
1. Blueprint #2A: Funding commercially available, energy efficient, grid-interactivity, electrification and renewable
energy upgrades; provided that projects adhere to the requirements of the respective applicant’s DOE executed
Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground
disturbance, tree removal or tree trimming, do not require structural reinforcement, and are limited to:
a. Installation of insulation.
b. Installation of energy efficient lighting.
c. HVAC upgrades to existing systems.
d. Weather sealing and duct sealing.
e. Purchase and installation of energy/water-efficient residential and commercial appliances and equipment (including,
but not limited to, grid-interactive building technologies, energy or water monitoring and control systems, thermostats,
heat pumps, air conditioners, and related software).
f. Retrofit of energy efficient pumps and motors (for such uses as, but not limited to, wastewater treatment plants)
where it would not alter the capacity, use, mission, or operation of an existing facility.
g. Retrofit and replacement of windows and doors.
h. Installation of electric appliances (including replacement of appliances that utilize fossil fuels with electric
appliances) such as heat pumps for water heating, air heating/cooling, electric dryers, and stoves.
i. Retrofit and installation of energy-efficient commercial kitchen equipment, such as efficient refrigerators, freezers,
dishwashers.
j. Electrical system upgrades limited to electric panel upgrades, updated wiring and conduit, grounding, and arc-fault
circuit interrupter (AFCI) and ground-fault circuit interrupter (GFCI) breakers.
2. Blueprint #2B: Energy Savings Performance Contracts for Efficiency and Electrification in Buildings, activities limited
to:
a. Funding commercially available energy efficiency or renewable energy upgrades; provided that projects adhere to
the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are
installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require
structural reinforcement, and are limited to:
i. Installation of insulation.
ii. Installation of energy efficient lighting.
iii. HVAC upgrades (to existing systems).
iv. Weather sealing and duct sealing.
v. Purchase and installation of energy/water-efficient residential and commercial appliances and equipment (including,
but not limited to, grid-interactive building technologies, energy or water monitoring and control systems, thermostats,
heat pumps, air conditioners, and related software).
vi. Retrofit of energy efficient pumps and motors (for such uses as, but not limited to, wastewater treatment plants)
where it would not alter the capacity, use, mission, or operation of an existing facility.
vii. Retrofit and replacement of windows and doors.
viii. Installation of electric appliances (including replacement of appliances that utilize fossil fuels with electric
appliances) such as heat pumps for water heating, air heating/cooling, electric dryers, and stoves.
ix. Retrofit and installation of energy-efficient commercial kitchen equipment, such as efficient refrigerators, freezers,
dishwashers.
x. Electrical system upgrades limited to electric panel upgrades, updated wiring and conduit, grounding, and arc-fault
circuit interrupter (AFCI) and ground-fault circuit interrupter (GFCI) breakers.
b. Post-implementation measurement & verification limited to data analysis (e.g.: metering/usage/temperature), which
may include monitoring devices installed on equipment, but not on buildings.
3. Blueprint #2C: Building Efficiency & Electrification Campaign, activities limited to:
a. Building Energy Efficiency: Funding commercially available energy efficiency or renewable energy upgrades;
provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation
Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree
removal or tree trimming, do not require structural reinforcement, and are limited to:
i. Installation of insulation.
ii. Installation of energy efficient lighting.
iii. HVAC upgrades to existing systems.
iv. Weather sealing and duct sealing.
v. Purchase and installation of energy/water-efficient residential and commercial appliances and equipment (including,
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but not limited to, grid-interactive building technologies, energy or water monitoring and control systems, thermostats,
heat pumps, air conditioners, and related software).
vi. Retrofit of energy efficient pumps and motors (for such uses as, but not limited to, wastewater treatment plants)
where it would not alter the capacity, use, mission, or operation of an existing facility.
vii. Retrofit and replacement of windows and doors.
viii. Installation of electric appliances (including replacement of appliances that utilize fossil fuels with electric
appliances) such as heat pumps for water heating, air heating/cooling, electric dryers, and stoves.
ix. Retrofit and installation of energy-efficient commercial kitchen equipment, such as efficient refrigerators, freezers,
dishwashers.
x. Electrical system upgrades limited to electric panel upgrades, updated wiring and conduit, grounding, and arc-fault
circuit interrupter (AFCI) and ground-fault circuit interrupter (GFCI) breakers.
4. Blueprint #3A: Solar and Battery Storage - Power Purchase Agreements and Direct Ownership, activities limited to:
a. Installation of solar electricity/photovoltaic (PV) systems, provided that projects adhere to the requirements of the
respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on
existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural
reinforcement, and are not to exceed 60 kW DC.
b. Installation of energy storage systems, including electrochemical and thermal storage systems, provided that
projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic
Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree
trimming, do not require structural reinforcement, and are appropriately sized not to exceed 1,000 kWh.
5. Blueprint #3B: Community Solar, activities limited to:
a. Installation of solar electricity/photovoltaic (PV) systems, provided that projects adhere to the requirements of the
respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on
existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural
reinforcement, and are not to exceed 60 kW DC.
b. Installation of energy storage systems, including electrochemical and thermal storage systems, provided that
projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic
Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree
trimming, do not require structural reinforcement, and are appropriately sized not to exceed 1,000 kWh.
6. Blueprint #3C: Solarize Campaign, activities limited to:
a. Installation of solar electricity/photovoltaic (PV) systems, provided that projects adhere to the requirements of the
respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on
existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural
reinforcement, and are not to exceed 60 kW DC.
b. Installation of energy storage systems, including electrochemical and thermal storage systems, provided that
projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic
Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree
trimming, do not require structural reinforcement, and are appropriately sized not to exceed 1,000 kWh.
7. Blueprint #3D: Renewable Resource Planning, activities limited to:
a. Installation of solar electricity/photovoltaic (PV) systems, provided that projects adhere to the requirements of the
respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on
existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural
reinforcement, and are not to exceed 60 kW DC.
b. Installation of energy storage systems, including electrochemical and thermal storage systems, provided that
projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic
Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree
trimming, do not require structural reinforcement, and are appropriately sized not to exceed 1,000 kWh.
8. Blueprint #4A: Electric Vehicles for Fleets and Fleet Electrification, activities limited to:
a. Purchase of alternative fuel vehicles, including electric vehicles and plug-in hybrid vehicles.
b. Installation of electric vehicle supply equipment (EVSE), including testing measurements to assess the safety and
functionality of the EVSE (restricted to existing footprints within an existing parking facility, defined as any building,
structure, land, right-of-way, facility, or area used for parking of motor vehicles which would not require any ground
disturbance). All activities must use reversible, non-permanent techniques for installation, and where appropriate, use
the lowest profile EVSE reasonably available that provides the necessary charging capacity. EVSE shall be placed in
minimally visibly intrusive area; use colors complementary to surrounding environment, where possible, and be limited
to the current electrical capacity. This applies to Level 1, Level 2, and Level 3 (also known as Direct Current (DC) Fast
Charging) EVSE for community and municipal fleets.
9. Blueprint #4B: Electric Vehicle Charging Infrastructure, activities limited to:
a. Installation of electric vehicle supply equipment (EVSE), including testing measurements to assess the safety and
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functionality of the EVSE (restricted to existing footprints within an existing parking facility, defined as any building,
structure, land, right-of-way, facility, or area used for parking of motor vehicles which would not require any ground
disturbance). All activities must use reversible, non-permanent techniques for installation, and where appropriate, use
the lowest profile EVSE reasonably available that provides the necessary charging capacity. EVSE shall be placed in
minimally visibly intrusive area; use colors complementary to surrounding environment, where possible, and be limited
to the current electrical capacity. This applies to Level 1, Level 2, and Level 3 (also known as Direct Current (DC) Fast
Charging) EVSE for community and municipal fleets.
Additional Activities:
10. Building Energy Efficiency: Funding commercially available energy efficiency or renewable energy upgrades,
provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation
Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree
removal or tree trimming, do not require structural reinforcement, are appropriately sized, and are limited to:
a. Installation of insulation.
b. Installation of energy efficient lighting.
c. HVAC upgrades to existing systems.
d. Weather sealing and duct sealing.
e. Purchase and installation of energy/water-efficient residential and commercial appliances and equipment (including,
but not limited to, grid-interactive building technologies, energy or water monitoring and control systems, thermostats,
heat pumps, air conditioners, and related software).
f. Retrofit of energy efficient pumps and motors (for such uses as, but not limited to, wastewater treatment plants)
where it would not alter the capacity, use, mission, or operation of an existing facility.
g. Retrofit and replacement of windows and doors.
h. Installation of electric appliances (including replacement of appliances that utilize fossil fuels with electric
appliances) such as heat pumps for water heating, air heating/cooling, electric dryers, and stoves.
i. Retrofit and installation of energy-efficient commercial kitchen equipment, such as efficient refrigerators, freezers,
dishwashers.
j. Electrical system upgrades required to enable energy efficient/clean energy. Measures limited to electric panel
upgrades, updated wiring and conduit, grounding, and arc-fault circuit interrupter (AFCI) and ground-fault circuit
interrupter (GFCI) breakers.
11. Installation of renewable energy technology, provided that projects adhere to the requirements of the respective
applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing
buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement,
are appropriately sized, and are limited to:
a. Solar Electricity/Photovoltaic—appropriately sized systems not to exceed 60kW (including community solar
projects)
b. Wind Turbines 20 kW or smaller
c. Solar thermal systems (including solar thermal hot water) limited to 200,000 BTU per hour or smaller.
12. Biomass thermal systems, provided that projects adhere to the requirements of the respective applicant’s DOE
executed Historic Preservation Programmatic Agreement (PA), are installed in existing buildings, do not require
structural reinforcement, do not require ground disturbance, are appropriately sized, and limited to 3 MMBTUs per
hour or smaller, with appropriate regulatory permits obtained and Best Available Control Technologies (BACT) installed
and operated.
13. Purchase of alternative fuel vehicles, hybrids, and electric vehicles.
14. Installation of fueling pumps and systems for fuels such as compressed natural gas, hydrogen, ethanol, and other
commercially available biofuels, (but not storage tanks) provided that projects adhere to the requirements of the
respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed on a current
fueling station site, do not require ground disturbance, tree removal or tree trimming, are appropriately sized, and
obtain the appropriate permits, and comply with regulatory requirements.
15. Installation of energy storage systems, including electrochemical and thermal storage systems, provided that
projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic
Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree
trimming, do not require structural reinforcement, are appropriately sized not to exceed 1,000 kWh, obtain the
appropriate permits, and comply with regulatory requirements.
The Recipient is responsible for identifying and promptly notifying DOE of extraordinary circumstances, cumulative
impacts, or connected actions that may lead to significant impacts on the environment, or any inconsistency with the
“integral elements” (as contained in 10 CFR Part 1021, Appendix B) relating to any proposed activities. Additionally,
the Recipient must demonstrate compliance with Section 106 of the National Historic Preservation Act (NHPA).
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Recipients shall adhere to the restrictions of the DOE executed Historic Preservation Programmatic Agreement for the
State(s) where the proposed award activities would be implemented. DOE executed Historic Preservation
Programmatic Agreements are available at https://www.energy.gov/node/812599.
DOE is required to consider floodplain management and wetland protection as part of its environmental review
process (10 CFR 1022). As part of this required review, DOE determined requirements set forth in Subpart B of 10
CFR 1022 are not applicable to the Blueprints and additional activities listed above which would not cause ground
disturbance that occur in the 100-year floodplain (hereinafter “floodplain”) or wetland because the activities would not
have short-term or long-term adverse impacts to the floodplain or wetland. These activities are administrative or minor
modifications of existing facilities to improve environmental conditions. All other integral elements and environmental
review requirements are still applicable.
If proposed activities are not listed within the Blueprints and additional activities above, the Recipient must contact
their DOE Project Officer for eligibility review. An additional NEPA review would be required, including the possible
submission of an Environmental Questionnaire 1 form (EQ1) (found at https://www.eere-pmc.energy.gov/NEPA.aspx).
Recipients would not initiate any activities without approval from the DOE Contracting Officer.
Most activities listed under “Blueprints and additional activities” within this NEPA determination are more restrictive
than the Categorical Exclusion. The restrictions included in the “Blueprints and additional activities” must be followed.
* EECBG Recipients with a Historic Preservation Programmatic Agreement are located in: AL, AK, AS, AZ, AR, CA,
CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MP, MS, MO, MT, NE, NV, NH, NJ, NM,
NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY, and VI.
NEPA PROVISION
DOE has made a conditional NEPA determination.
The NEPA Determination applies to the following Topic Areas, Budget Periods, and/or tasks:
This NEPA Determination only applies to activities funded by the Administrative and Legal Requirements Document
(ALRD) for the EECBG Program Formula Infrastructure Investment and Jobs Act (EECBG Formula - IIJA) awarded to
non-tribal recipients proposing non-ground disturbing activities within states that have a DOE executed Historic
Preservation Programmatic Agreement.
The NEPA Determination does not apply to the following Topic Area, Budget Periods, and/or tasks:
This NEPA Determination does NOT apply to:
1. awards funded by sources other than the Administrative and Legal Requirements Document for the EECBG
Program Formula Infrastructure Investment and Jobs Act,
2. activities that do not fit within the restrictions of the Blueprints and additional activities listed within this NEPA
Determination,
3. recipients that do not have a DOE executed Historic Preservation Programmatic Agreement,
4. tribal recipients, or
5. ground-disturbing activities.
Include the following condition in the financial assistance agreement:
1. This NEPA Determination only applies to activities funded by the Administrative and Legal Requirements Document
(ALRD) for the EECBG Program Formula Infrastructure Investment and Jobs Act (EECBG Formula - IIJA) awarded to
non-tribal recipients proposing non-ground disturbing activities within states that have a DOE executed Historic
Preservation Programmatic Agreement.
2. Activities not listed under "Blueprints and additional activities” within this NEPA determination are subject to
additional NEPA review and approval by DOE. For activities requiring additional NEPA review, Recipients must
complete the environmental questionnaire (EQ-1) found at https: //www.eere-pmc.energy.gov/NEPA.aspx and receive
notification from DOE that the NEPA review has been completed and approved by the Contracting Officer prior to
initiating the project or activities.
3. Activities proposed on tribal lands or tribal properties would be restricted to homes/buildings less than forty-five (45)
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years old and without ground disturbance. Recipients must contact the DOE Project Officer for a Historic Preservation
Worksheet to request a review of activities that are listed below on tribal homes/buildings forty-five (45) years and older
and/or ground disturbing activities. The DOE NEPA team must review the Historic Preservation Worksheet and notify
the Recipient’s DOE Project Officer before activities listed on the Historic Preservation Worksheet may begin.
4. This authorization does not include activities where the following elements exist: extraordinary circumstances;
cumulative impacts or connected actions that may lead to significant effects on the human environment; or any
inconsistency with the "integral elements" (as contained in 10 CFR Part 1021, Appendix B) as they relate to a particular
project.
5. The Recipient must identify and promptly notify DOE of extraordinary circumstances, cumulative impacts or
connected actions that may lead to significant effects on the human environment, or any inconsistency with the
“integral elements” (as contained in 10 CFR Part 1021, Appendix B) as they relate to project activities.
6. Recipients must have a DOE executed Historic Preservation Programmatic Agreement and adhere to the terms and
restrictions of its DOE executed Historic Preservation Programmatic Agreement. DOE executed Historic Preservation
Programmatic Agreements are available at https://www.energy.gov/node/812599.
7. Recipients are responsible for reviewing the online NEPA and Historic preservation training at
www.energy.gov/node/4816816 and contacting EECBG.NEPA@ee.doe.gov with any EECBG NEPA or historic
preservation questions.
8. Recipients are required to submit an annual Historic Preservation Report at https://forms.office.com/g/kAFs0N7CZH.
9. Most activities listed under “Blueprints and additional activities” within this NEPA determination are more restrictive
than the Categorical Exclusion. The restrictions included in the “Blueprints and additional activities” must be followed.
10. This authorization excludes any activities that are otherwise subject to a restriction set forth elsewhere in the
award.
Notes:
Office of State and Community Energy Programs (SCEP) - EECBG
This NEPA Determination requires legal review of the tailored NEPA provision.
NEPA review completed by Amy Lukens, 9/20/2023.
FOR CATEGORICAL EXCLUSION DETERMINATIONS
The proposed action (or the part of the proposal defined in the Rationale above) fits within a class of actions that is listed in
Appendix A or B to 10 CFR Part 1021, Subpart D. To fit within the classes of actions listed in 10 CFR Part 1021, Subpart D,
Appendix B, a proposal must be one that would not: (1) threaten a violation of applicable statutory, regulatory, or permit
requirements for environment, safety, and health, or similar requirements of DOE or Executive Orders; (2) require siting and
construction or major expansion of waste storage, disposal, recovery, or treatment facilities (including incinerators), but the proposal
may include categorically excluded waste storage, disposal, recovery, or treatment actions or facilities; (3) disturb hazardous
substances, pollutants, contaminants, or CERCLA-excluded petroleum and natural gas products that preexist in the environment such
that there would be uncontrolled or unpermitted releases; (4) have the potential to cause significant impacts on environmentally
sensitive resources, including, but not limited to, those listed in paragraph B(4) of 10 CFR Part 1021, Subpart D, Appendix B; (5)
involve genetically engineered organisms, synthetic biology, governmentally designated noxious weeds, or invasive species, unless
the proposed activity would be contained or confined in a manner designed and operated to prevent unauthorized release into the
environment and conducted in accordance with applicable requirements, such as those listed in paragraph B(5) of 10 CFR Part 1021,
Subpart D, Appendix B.
There are no extraordinary circumstances related to the proposed action that may affect the significance of the environmental effects
of the proposal.
The proposed action has not been segmented to meet the definition of a categorical exclusion. This proposal is not connected to other
actions with potentially significant impacts (40 CFR 1508.25(a)(1)), is not related to other actions with individually insignificant but
cumulatively significant impacts (40 CFR 1508.27(b)(7)), and is not precluded by 40 CFR 1506.1 or 10 CFR 1021.211 concerning
limitations on actions during preparation of an environmental impact statement.
A portion of the proposed action is categorically excluded from further NEPA review. The NEPA Provision identifies Topic Areas,
Budget Periods, tasks, and/or subtasks that are subject to additional NEPA review.
SIGNATURE OF THIS MEMORANDUM CONSTITUTES A RECORD OF THIS DECISION.
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NEPA Compliance Officer Signature: Casey Strickland Date: 9/22/2023
NEPA Compliance Officer
FIELD OFFICE MANAGER DETERMINATION
Field Office Manager review not required
Field Office Manager review required
BASED ON MY REVIEW I CONCUR WITH THE DETERMINATION OF THE NCO :
Field Office Manager's Signature: Date:
Field Office Manager
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 8, 2024 Title: Contract Award - First Street
Submitted by: Joel Brookens, Engineer, Dan Department: DPW- Engineering
VanderHeide, Public Works Director
Brief Summary:
Staff is requesting authorization to enter into a contact with McCormick Sand, Inc, in the amount of
$325,999.00 for the reconstruction of First Street from Hamilton to Apple.
Detailed Summary & Background:
Bids were solicited for a construction project to reconstruct and install sanitary sewer within First Street;
from Hamilton to Apple. The project is necessary to prepare for future sanitary sewer work within
Apple, which will take place in 2026. McCormick Sand provided the low bid. The bid tabulation is
attached.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Sustainability in financial practices and infrastructure
Goal/Action Item:
2027 Goal 1: Destination Community & Quality of Life - Improved transportation connections
throughout the community
Amount Requested: Budgeted Item:
$325,999.00 Yes X No N/A
Fund(s) or Account(s): Budget Amendment Needed:
590-901-801-92412 (Sewer Fund) Yes No X N/A
Recommended Motion:
Move to authorize staff to enter into a contract with McCormick Sand, Inc in the amount of
$325,999.00 for the reconstruction of First Street; Hamilton to Apple.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
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Legal Review
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City of Muskegon
Bid Comparison
Contract ID: H-92412
Description: 0.07 mi of pavement reconstruction includes pavement removal, sanitary sewer, watermain repairs, concrete curb and gutter, grading,
aggregate base, hma pavement on First St. from Hamilton Ave toApple Ave (M-46) in the City of Muskegon, Muskegon County.
Location:
FIRST ST., HAMILTON TO APPLE City of Muskegon, Muskegon County
Projects(s):
H-92412
Rank Bidder Total Bid % Over Low % Over Est.
0 ENGINEER'S ESTIMATE $439,767.00 34.89% 0.00%
1 (05076) McCormick Sand, Inc. $325,999.00 0.00% -25.87%
2 (02374) Terra Contractors, LLC $348,276.50 6.83% -20.80%
3 (02946) Anlaan Corporation $365,113.50 11.99% -16.97%
4 (_123456) Dan's Excavating Service, Inc $398,124.00 22.12% -9.46%
5 (06627) Jackson-Merkey Contractors, Inc. $498,976.95 53.06% 13.46%
6 (01272) Wadel Stabilization, Inc. $508,092.50 55.85% 15.53%
Contract # H-92412 (FIRST ST., HAMILTON TO APPLE City of Muskegon, Muskegon County) Page 1 of 16
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Line Pay Item Code Quantity Units (0) ENGINEER'S ESTIMATE (1) McCormick Sand, Inc. (2) Terra Contractors, LLC
Description Bid Price Total Bid Price Total Bid Price Total
0001 1500001 1 LSUM $40,000.00 $40,000.00 $40,000.00 $40,000.00 $30,000.00 $30,000.00
Mobilization, Max $40,000
0002 2020004 1 Ea $500.00 $500.00 $400.00 $400.00 $2,800.00 $2,800.00
Tree, Rem, 6 inch to 18 inch
0003 2030015 190 Ft $20.00 $3,800.00 $12.00 $2,280.00 $20.00 $3,800.00
Sewer, Rem, Less than 24 inch
0004 2037050 7 Ea $700.00 $4,900.00 $600.00 $4,200.00 $650.00 $4,550.00
_ Dr Structure, Rem, Modified
0005 2040055 270 Syd $10.00 $2,700.00 $8.00 $2,160.00 $9.00 $2,430.00
Sidewalk, Rem
0006 2047011 1,600 Syd $10.00 $16,000.00 $5.00 $8,000.00 $6.00 $9,600.00
_ Pavt, Rem, Modified
0007 2057002 4 Sta $6,000.00 $24,000.00 $3,000.00 $12,000.00 $3,250.00 $13,000.00
_ Machine Grading, Modified
0008 2080020 3 Ea $100.00 $300.00 $100.00 $300.00 $150.00 $450.00
Erosion Control, Inlet Protection, Fabric Drop
0009 2090001 1 LSUM $2,000.00 $2,000.00 $500.00 $500.00 $1,500.00 $1,500.00
Project Cleanup
0010 3020020 1,500 Syd $18.00 $27,000.00 $15.00 $22,500.00 $18.00 $27,000.00
Aggregate Base, 8 inch
0011 3060021 200 Cyd $25.00 $5,000.00 $10.00 $2,000.00 $35.00 $7,000.00
Maintenance Gravel, LM
0012 4020600 25 Ft $130.00 $3,250.00 $58.00 $1,450.00 $55.00 $1,375.00
Sewer, Cl E, 12 inch, Tr Det B
0013 4027001 30 Ft $200.00 $6,000.00 $90.00 $2,700.00 $170.00 $5,100.00
_ Sewer, Ductile Iron CL 52 8 inch, Tr Det B
0014 4027001 40 Ft $150.00 $6,000.00 $90.00 $3,600.00 $85.00 $3,400.00
_ Sewer, PVC SDR 35, 12 inch, Tr Det B
Contract # H-92412 (FIRST ST., HAMILTON TO APPLE City of Muskegon, Muskegon County) Page 2 of 16
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Line Pay Item Code Quantity Units (0) ENGINEER'S ESTIMATE (1) McCormick Sand, Inc. (2) Terra Contractors, LLC
Description Bid Price Total Bid Price Total Bid Price Total
0015 4027001 33 Ft $200.00 $6,600.00 $54.00 $1,782.00 $75.00 $2,475.00
_ Sewer, PVC SDR 35, 6 inch, Tr Det B
0016 4027001 320 Ft $200.00 $64,000.00 $80.00 $25,600.00 $82.00 $26,240.00
_ Sewer, PVC SDR 35, 8 inch, Tr Det B
0017 4027001 90 Ft $170.00 $15,300.00 $58.00 $5,220.00 $75.00 $6,750.00
_ Sewer, PVC SSR 35, 10 inch, Tr Det B
0018 4027050 1 Ea $800.00 $800.00 $500.00 $500.00 $650.00 $650.00
_ Sewer Tap, 8 inch, Modified
0019 4027050 1 Ea $200.00 $200.00 $350.00 $350.00 $350.00 $350.00
_ Sewer Plug, Expandable, 8 inch
0020 4027050 2 Ea $1,000.00 $2,000.00 $1,000.00 $2,000.00 $700.00 $1,400.00
_ Sewer Tap, 12 inch, Modified
0021 4027050 1 Ea $1,200.00 $1,200.00 $500.00 $500.00 $250.00 $250.00
_ Sewer Wye, PVC SDR 35, 8" X 6"
0022 4030210 2 Ea $5,000.00 $10,000.00 $3,000.00 $6,000.00 $2,950.00 $5,900.00
Dr Structure, 48 inch dia
0023 4030250 3 Ft $500.00 $1,500.00 $260.00 $780.00 $500.00 $1,500.00
Dr Structure, Add Depth of 48 inch dia, 8 foot to 15 foot
0024 4030308 1 Ea $700.00 $700.00 $800.00 $800.00 $700.00 $700.00
Dr Structure, Tap, 8 inch
0025 4030312 2 Ea $500.00 $1,000.00 $400.00 $800.00 $900.00 $1,800.00
Dr Structure, Tap, 12 inch
0026 4037050 4 Ea $700.00 $2,800.00 $600.00 $2,400.00 $1,050.00 $4,200.00
_ Dr Structure Cover, Type B, Modified
0027 4037050 1 Ea $1,000.00 $1,000.00 $750.00 $750.00 $1,200.00 $1,200.00
_ Dr Structure Cover, Type K, Modified
0028 4037050 2 Ea $1,200.00 $2,400.00 $1,150.00 $2,300.00 $800.00 $1,600.00
_ Dr Structure Cover, Adj, Case 1, Modified
0029 5010025 1 Ton $300.00 $300.00 $200.00 $200.00 $215.00 $215.00
Hand Patching
0030 5012025 340 Ton $110.00 $37,400.00 $102.50 $34,850.00 $109.00 $37,060.00
HMA, 4EML
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Line Pay Item Code Quantity Units (0) ENGINEER'S ESTIMATE (1) McCormick Sand, Inc. (2) Terra Contractors, LLC
Description Bid Price Total Bid Price Total Bid Price Total
0031 8017011 135 Syd $60.00 $8,100.00 $60.00 $8,100.00 $82.00 $11,070.00
_ Driveway, Nonreinf Conc, 8 inch, Modified
0032 8027001 780 Ft $21.00 $16,380.00 $25.00 $19,500.00 $28.00 $21,840.00
_ Curb and Gutter, Conc, Det F4, Modified
0033 8030010 67 Ft $35.00 $2,345.00 $35.00 $2,345.00 $50.00 $3,350.00
Detectable Warning Surface
0034 8030030 90 Ft $24.00 $2,160.00 $35.00 $3,150.00 $26.00 $2,340.00
Curb Ramp Opening, Conc
0035 8030037 540 Sft $7.00 $3,780.00 $8.00 $4,320.00 $8.75 $4,725.00
Sidewalk Ramp, Conc, 7 inch
0036 8030044 750 Sft $5.00 $3,750.00 $6.00 $4,500.00 $5.35 $4,012.50
Sidewalk, Conc, 4 inch
0037 8120022 16 Ea $120.00 $1,920.00 $70.00 $1,120.00 $75.00 $1,200.00
Barricade, Type III, High Intensity, Lighted, Furn
0038 8120023 16 Ea $5.00 $80.00 $1.00 $16.00 $2.00 $32.00
Barricade, Type III, High Intensity, Lighted, Oper
0039 8120252 50 Ea $25.00 $1,250.00 $19.00 $950.00 $22.00 $1,100.00
Plastic Drum, Fluorescent, Furn
0040 8120253 50 Ea $1.00 $50.00 $1.00 $50.00 $5.00 $250.00
Plastic Drum, Fluorescent, Oper
0041 8120310 5 Ea $10.00 $50.00 $20.00 $100.00 $25.00 $125.00
Sign Cover
0042 8120330 2 Ea $2,000.00 $4,000.00 $2,000.00 $4,000.00 $2,200.00 $4,400.00
Sign, Portable, Changeable Message, Furn
0043 8120331 2 Ea $300.00 $600.00 $500.00 $1,000.00 $600.00 $1,200.00
Sign, Portable, Changeable Message, Oper
0044 8120350 267 Sft $5.00 $1,335.00 $3.00 $801.00 $5.00 $1,335.00
Sign, Type B, Temp, Prismatic, Furn
0045 8120351 267 Sft $1.00 $267.00 $1.00 $267.00 $2.00 $534.00
Sign, Type B, Temp, Prismatic, Oper
0046 8120352 12 Sft $9.00 $108.00 $9.00 $108.00 $12.00 $144.00
Sign, Type B, Temp, Prismatic, Spec, Furn
Contract # H-92412 (FIRST ST., HAMILTON TO APPLE City of Muskegon, Muskegon County) Page 4 of 16
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Line Pay Item Code Quantity Units (0) ENGINEER'S ESTIMATE (1) McCormick Sand, Inc. (2) Terra Contractors, LLC
Description Bid Price Total Bid Price Total Bid Price Total
0047 8120353 12 Sft $1.00 $12.00 $1.00 $12.00 $2.00 $24.00
Sign, Type B, Temp, Prismatic, Spec, Oper
0048 8127051 1 LSUM $20,000.00 $20,000.00 $20,000.00 $20,000.00 $13,000.00 $13,000.00
_ Minor Traf Devices, Modified (Max $20.000)
0049 8160062 600 Syd $7.00 $4,200.00 $7.00 $4,200.00 $11.00 $6,600.00
Topsoil Surface, Furn, 4 inch
0050 8167011 600 Syd $1.00 $600.00 $1.75 $1,050.00 $3.00 $1,800.00
_ Hydroseeding
0051 8230091 1 Ea $500.00 $500.00 $240.00 $240.00 $1,250.00 $1,250.00
Hydrant, Rem
0052 8237001 15 Ft $150.00 $2,250.00 $75.00 $1,125.00 $100.00 $1,500.00
_ Watermain, DI, 6 inch, Tr Det G, Modified
0053 8237001 136 Ft $180.00 $24,480.00 $102.00 $13,872.00 $100.00 $13,600.00
_ Watermain, DI, 8 inch, Tr Det G, Modified
0054 8237050 4 Ea $900.00 $3,600.00 $700.00 $2,800.00 $550.00 $2,200.00
_ Bend, 8 inch, 45 Degree, DI MJ
0055 8237050 1 Ea $5,500.00 $5,500.00 $4,600.00 $4,600.00 $6,500.00 $6,500.00
_ Hydrant, 6 inch, Standard
0056 8237050 3 Ea $2,000.00 $6,000.00 $1,000.00 $3,000.00 $700.00 $2,100.00
_ Sleeve, 6 inch, Long, DI MJ
0057 8237050 1 Ea $1,400.00 $1,400.00 $1,250.00 $1,250.00 $750.00 $750.00
_ Tee, 8 inch X 6 inch, DI MJ
0058 8237050 1 Ea $2,500.00 $2,500.00 $2,000.00 $2,000.00 $1,900.00 $1,900.00
_ Valve, 6 inch, Gate, With Box
0059 8237050 1 Ea $1,500.00 $1,500.00 $1,300.00 $1,300.00 $800.00 $800.00
_ Tee, 8 inch X 8 inch, DI MJ
0060 8237050 2 Ea $2,700.00 $5,400.00 $3,400.00 $6,800.00 $2,150.00 $4,300.00
_ Valve, 8 inch, Gate, with Box
0061 8240030 10 Hr $150.00 $1,500.00 $0.10 $1.00 $150.00 $1,500.00
Electronic Model Revision
0062 8257050 1 Ea $10,000.00 $10,000.00 $8,500.00 $8,500.00 $13,000.00 $13,000.00
_ By Pass Puming
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Line Pay Item Code Quantity Units (0) ENGINEER'S ESTIMATE (1) McCormick Sand, Inc. (2) Terra Contractors, LLC
Description Bid Price Total Bid Price Total Bid Price Total
0063 8257050 1 Ea $5,500.00 $5,500.00 $8,000.00 $8,000.00 $5,500.00 $5,500.00
_ Sanitary Manhole Special Detail
0064 8507060 10,000 Dlr $1.00 $10,000.00 $1.00 $10,000.00 $1.00 $10,000.00
_ Irrigation Repair
Bid Totals: $439,767.00 $325,999.00 $348,276.50
Contract # H-92412 (FIRST ST., HAMILTON TO APPLE City of Muskegon, Muskegon County) Page 6 of 16
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(5) Jackson-Merkey Contractors,
Line Pay Item Code Quantity Units (3) Anlaan Corporation (4) Dan's Excavating Service, Inc Inc.
Description Bid Price Total Bid Price Total Bid Price Total
0001 1500001 1 LSUM $40,000.00 $40,000.00 $40,000.00 $40,000.00 $40,000.00 $40,000.00
Mobilization, Max $40,000
0002 2020004 1 Ea $750.00 $750.00 $1,000.00 $1,000.00 $750.00 $750.00
Tree, Rem, 6 inch to 18 inch
0003 2030015 190 Ft $30.00 $5,700.00 $25.00 $4,750.00 $16.30 $3,097.00
Sewer, Rem, Less than 24 inch
0004 2037050 7 Ea $600.00 $4,200.00 $500.00 $3,500.00 $640.00 $4,480.00
_ Dr Structure, Rem, Modified
0005 2040055 270 Syd $25.00 $6,750.00 $8.00 $2,160.00 $8.70 $2,349.00
Sidewalk, Rem
0006 2047011 1,600 Syd $8.00 $12,800.00 $10.00 $16,000.00 $7.45 $11,920.00
_ Pavt, Rem, Modified
0007 2057002 4 Sta $2,600.00 $10,400.00 $10,000.00 $40,000.00 $12,000.00 $48,000.00
_ Machine Grading, Modified
0008 2080020 3 Ea $175.00 $525.00 $110.00 $330.00 $114.00 $342.00
Erosion Control, Inlet Protection, Fabric Drop
0009 2090001 1 LSUM $1,500.00 $1,500.00 $5,000.00 $5,000.00 $3,000.00 $3,000.00
Project Cleanup
0010 3020020 1,500 Syd $24.00 $36,000.00 $18.00 $27,000.00 $12.40 $18,600.00
Aggregate Base, 8 inch
0011 3060021 200 Cyd $45.00 $9,000.00 $25.00 $5,000.00 $0.01 $2.00
Maintenance Gravel, LM
0012 4020600 25 Ft $75.00 $1,875.00 $52.00 $1,300.00 $158.00 $3,950.00
Sewer, Cl E, 12 inch, Tr Det B
0013 4027001 30 Ft $165.00 $4,950.00 $100.00 $3,000.00 $210.50 $6,315.00
_ Sewer, Ductile Iron CL 52 8 inch, Tr Det B
0014 4027001 40 Ft $135.00 $5,400.00 $370.00 $14,800.00 $165.00 $6,600.00
_ Sewer, PVC SDR 35, 12 inch, Tr Det B
0015 4027001 33 Ft $90.00 $2,970.00 $50.00 $1,650.00 $108.00 $3,564.00
_ Sewer, PVC SDR 35, 6 inch, Tr Det B
0016 4027001 320 Ft $75.00 $24,000.00 $85.00 $27,200.00 $95.00 $30,400.00
_ Sewer, PVC SDR 35, 8 inch, Tr Det B
Contract # H-92412 (FIRST ST., HAMILTON TO APPLE City of Muskegon, Muskegon County) Page 7 of 16
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(5) Jackson-Merkey Contractors,
Line Pay Item Code Quantity Units (3) Anlaan Corporation (4) Dan's Excavating Service, Inc Inc.
Description Bid Price Total Bid Price Total Bid Price Total
0017 4027001 90 Ft $55.00 $4,950.00 $50.00 $4,500.00 $155.00 $13,950.00
_ Sewer, PVC SSR 35, 10 inch, Tr Det B
0018 4027050 1 Ea $700.00 $700.00 $500.00 $500.00 $1,364.00 $1,364.00
_ Sewer Tap, 8 inch, Modified
0019 4027050 1 Ea $350.00 $350.00 $150.00 $150.00 $725.50 $725.50
_ Sewer Plug, Expandable, 8 inch
0020 4027050 2 Ea $750.00 $1,500.00 $300.00 $600.00 $1,964.00 $3,928.00
_ Sewer Tap, 12 inch, Modified
0021 4027050 1 Ea $200.00 $200.00 $150.00 $150.00 $3,500.00 $3,500.00
_ Sewer Wye, PVC SDR 35, 8" X 6"
0022 4030210 2 Ea $3,000.00 $6,000.00 $3,000.00 $6,000.00 $8,000.00 $16,000.00
Dr Structure, 48 inch dia
0023 4030250 3 Ft $150.00 $450.00 $500.00 $1,500.00 $288.00 $864.00
Dr Structure, Add Depth of 48 inch dia, 8 foot to 15 foot
0024 4030308 1 Ea $900.00 $900.00 $700.00 $700.00 $1,273.00 $1,273.00
Dr Structure, Tap, 8 inch
0025 4030312 2 Ea $950.00 $1,900.00 $900.00 $1,800.00 $1,273.00 $2,546.00
Dr Structure, Tap, 12 inch
0026 4037050 4 Ea $650.00 $2,600.00 $900.00 $3,600.00 $1,288.00 $5,152.00
_ Dr Structure Cover, Type B, Modified
0027 4037050 1 Ea $900.00 $900.00 $1,100.00 $1,100.00 $1,588.00 $1,588.00
_ Dr Structure Cover, Type K, Modified
0028 4037050 2 Ea $850.00 $1,700.00 $800.00 $1,600.00 $1,006.00 $2,012.00
_ Dr Structure Cover, Adj, Case 1, Modified
0029 5010025 1 Ton $200.00 $200.00 $200.00 $200.00 $200.00 $200.00
Hand Patching
0030 5012025 340 Ton $102.50 $34,850.00 $102.50 $34,850.00 $102.50 $34,850.00
HMA, 4EML
0031 8017011 135 Syd $64.70 $8,734.50 $80.00 $10,800.00 $68.85 $9,294.75
_ Driveway, Nonreinf Conc, 8 inch, Modified
0032 8027001 780 Ft $29.70 $23,166.00 $24.00 $18,720.00 $26.50 $20,670.00
_ Curb and Gutter, Conc, Det F4, Modified
Contract # H-92412 (FIRST ST., HAMILTON TO APPLE City of Muskegon, Muskegon County) Page 8 of 16
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(5) Jackson-Merkey Contractors,
Line Pay Item Code Quantity Units (3) Anlaan Corporation (4) Dan's Excavating Service, Inc Inc.
Description Bid Price Total Bid Price Total Bid Price Total
0033 8030010 67 Ft $35.00 $2,345.00 $40.00 $2,680.00 $42.55 $2,850.85
Detectable Warning Surface
0034 8030030 90 Ft $39.70 $3,573.00 $24.00 $2,160.00 $21.80 $1,962.00
Curb Ramp Opening, Conc
0035 8030037 540 Sft $8.90 $4,806.00 $8.50 $4,590.00 $9.00 $4,860.00
Sidewalk Ramp, Conc, 7 inch
0036 8030044 750 Sft $6.90 $5,175.00 $6.00 $4,500.00 $5.50 $4,125.00
Sidewalk, Conc, 4 inch
0037 8120022 16 Ea $70.00 $1,120.00 $70.00 $1,120.00 $70.00 $1,120.00
Barricade, Type III, High Intensity, Lighted, Furn
0038 8120023 16 Ea $1.00 $16.00 $1.00 $16.00 $1.00 $16.00
Barricade, Type III, High Intensity, Lighted, Oper
0039 8120252 50 Ea $19.00 $950.00 $19.00 $950.00 $19.00 $950.00
Plastic Drum, Fluorescent, Furn
0040 8120253 50 Ea $1.00 $50.00 $1.00 $50.00 $1.00 $50.00
Plastic Drum, Fluorescent, Oper
0041 8120310 5 Ea $20.00 $100.00 $20.00 $100.00 $20.00 $100.00
Sign Cover
0042 8120330 2 Ea $2,000.00 $4,000.00 $2,000.00 $4,000.00 $2,000.00 $4,000.00
Sign, Portable, Changeable Message, Furn
0043 8120331 2 Ea $500.00 $1,000.00 $500.00 $1,000.00 $500.00 $1,000.00
Sign, Portable, Changeable Message, Oper
0044 8120350 267 Sft $3.00 $801.00 $3.00 $801.00 $3.00 $801.00
Sign, Type B, Temp, Prismatic, Furn
0045 8120351 267 Sft $1.00 $267.00 $1.00 $267.00 $1.00 $267.00
Sign, Type B, Temp, Prismatic, Oper
0046 8120352 12 Sft $9.00 $108.00 $9.00 $108.00 $1.00 $12.00
Sign, Type B, Temp, Prismatic, Spec, Furn
0047 8120353 12 Sft $1.00 $12.00 $1.00 $12.00 $1.00 $12.00
Sign, Type B, Temp, Prismatic, Spec, Oper
0048 8127051 1 LSUM $10,000.00 $10,000.00 $5,000.00 $5,000.00 $20,000.00 $20,000.00
_ Minor Traf Devices, Modified (Max $20.000)
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(5) Jackson-Merkey Contractors,
Line Pay Item Code Quantity Units (3) Anlaan Corporation (4) Dan's Excavating Service, Inc Inc.
Description Bid Price Total Bid Price Total Bid Price Total
0049 8160062 600 Syd $10.00 $6,000.00 $9.00 $5,400.00 $5.00 $3,000.00
Topsoil Surface, Furn, 4 inch
0050 8167011 600 Syd $3.00 $1,800.00 $2.00 $1,200.00 $5.00 $3,000.00
_ Hydroseeding
0051 8230091 1 Ea $400.00 $400.00 $1,000.00 $1,000.00 $1,010.00 $1,010.00
Hydrant, Rem
0052 8237001 15 Ft $150.00 $2,250.00 $90.00 $1,350.00 $106.95 $1,604.25
_ Watermain, DI, 6 inch, Tr Det G, Modified
0053 8237001 136 Ft $110.00 $14,960.00 $160.00 $21,760.00 $125.60 $17,081.60
_ Watermain, DI, 8 inch, Tr Det G, Modified
0054 8237050 4 Ea $650.00 $2,600.00 $700.00 $2,800.00 $1,108.00 $4,432.00
_ Bend, 8 inch, 45 Degree, DI MJ
0055 8237050 1 Ea $4,900.00 $4,900.00 $5,000.00 $5,000.00 $6,668.00 $6,668.00
_ Hydrant, 6 inch, Standard
0056 8237050 3 Ea $2,000.00 $6,000.00 $650.00 $1,950.00 $6,522.00 $19,566.00
_ Sleeve, 6 inch, Long, DI MJ
0057 8237050 1 Ea $900.00 $900.00 $1,150.00 $1,150.00 $1,656.00 $1,656.00
_ Tee, 8 inch X 6 inch, DI MJ
0058 8237050 1 Ea $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,735.00 $2,735.00
_ Valve, 6 inch, Gate, With Box
0059 8237050 1 Ea $950.00 $950.00 $1,200.00 $1,200.00 $1,766.00 $1,766.00
_ Tee, 8 inch X 8 inch, DI MJ
0060 8237050 2 Ea $2,300.00 $4,600.00 $2,500.00 $5,000.00 $4,023.00 $8,046.00
_ Valve, 8 inch, Gate, with Box
0061 8240030 10 Hr $1.00 $10.00 $150.00 $1,500.00 $200.00 $2,000.00
Electronic Model Revision
0062 8257050 1 Ea $10,000.00 $10,000.00 $25,000.00 $25,000.00 $45,000.00 $45,000.00
_ By Pass Puming
0063 8257050 1 Ea $7,500.00 $7,500.00 $5,000.00 $5,000.00 $28,000.00 $28,000.00
_ Sanitary Manhole Special Detail
0064 8507060 10,000 Dlr $1.00 $10,000.00 $1.00 $10,000.00 $1.00 $10,000.00
_ Irrigation Repair
Contract # H-92412 (FIRST ST., HAMILTON TO APPLE City of Muskegon, Muskegon County) Page 10 of 16
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(5) Jackson-Merkey Contractors,
Line Pay Item Code Quantity Units (3) Anlaan Corporation (4) Dan's Excavating Service, Inc Inc.
Description Bid Price Total Bid Price Total Bid Price Total
Bid Totals: $365,113.50 $398,124.00 $498,976.95
Contract # H-92412 (FIRST ST., HAMILTON TO APPLE City of Muskegon, Muskegon County) Page 11 of 16
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Line Pay Item Code Quantity Units (6) Wadel Stabilization, Inc.
Description Bid Price Total Bid Price Total Bid Price Total
0001 1500001 1 LSUM $40,000.00 $40,000.00 $0.00 $0.00
Mobilization, Max $40,000
0002 2020004 1 Ea $1,200.00 $1,200.00 $0.00 $0.00
Tree, Rem, 6 inch to 18 inch
0003 2030015 190 Ft $10.00 $1,900.00 $0.00 $0.00
Sewer, Rem, Less than 24 inch
0004 2037050 7 Ea $750.00 $5,250.00 $0.00 $0.00
_ Dr Structure, Rem, Modified
0005 2040055 270 Syd $15.00 $4,050.00 $0.00 $0.00
Sidewalk, Rem
0006 2047011 1,600 Syd $20.00 $32,000.00 $0.00 $0.00
_ Pavt, Rem, Modified
0007 2057002 4 Sta $2,500.00 $10,000.00 $0.00 $0.00
_ Machine Grading, Modified
0008 2080020 3 Ea $150.00 $450.00 $0.00 $0.00
Erosion Control, Inlet Protection, Fabric Drop
0009 2090001 1 LSUM $21,000.00 $21,000.00 $0.00 $0.00
Project Cleanup
0010 3020020 1,500 Syd $17.60 $26,400.00 $0.00 $0.00
Aggregate Base, 8 inch
0011 3060021 200 Cyd $1.00 $200.00 $0.00 $0.00
Maintenance Gravel, LM
0012 4020600 25 Ft $325.00 $8,125.00 $0.00 $0.00
Sewer, Cl E, 12 inch, Tr Det B
0013 4027001 30 Ft $225.00 $6,750.00 $0.00 $0.00
_ Sewer, Ductile Iron CL 52 8 inch, Tr Det B
0014 4027001 40 Ft $200.00 $8,000.00 $0.00 $0.00
_ Sewer, PVC SDR 35, 12 inch, Tr Det B
0015 4027001 33 Ft $185.00 $6,105.00 $0.00 $0.00
_ Sewer, PVC SDR 35, 6 inch, Tr Det B
0016 4027001 320 Ft $117.00 $37,440.00 $0.00 $0.00
_ Sewer, PVC SDR 35, 8 inch, Tr Det B
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Line Pay Item Code Quantity Units (6) Wadel Stabilization, Inc.
Description Bid Price Total Bid Price Total Bid Price Total
0017 4027001 90 Ft $162.00 $14,580.00 $0.00 $0.00
_ Sewer, PVC SSR 35, 10 inch, Tr Det B
0018 4027050 1 Ea $1,500.00 $1,500.00 $0.00 $0.00
_ Sewer Tap, 8 inch, Modified
0019 4027050 1 Ea $250.00 $250.00 $0.00 $0.00
_ Sewer Plug, Expandable, 8 inch
0020 4027050 2 Ea $1,800.00 $3,600.00 $0.00 $0.00
_ Sewer Tap, 12 inch, Modified
0021 4027050 1 Ea $750.00 $750.00 $0.00 $0.00
_ Sewer Wye, PVC SDR 35, 8" X 6"
0022 4030210 2 Ea $6,250.00 $12,500.00 $0.00 $0.00
Dr Structure, 48 inch dia
0023 4030250 3 Ft $3,000.00 $9,000.00 $0.00 $0.00
Dr Structure, Add Depth of 48 inch dia, 8 foot to 15 foot
0024 4030308 1 Ea $1,800.00 $1,800.00 $0.00 $0.00
Dr Structure, Tap, 8 inch
0025 4030312 2 Ea $2,250.00 $4,500.00 $0.00 $0.00
Dr Structure, Tap, 12 inch
0026 4037050 4 Ea $785.00 $3,140.00 $0.00 $0.00
_ Dr Structure Cover, Type B, Modified
0027 4037050 1 Ea $985.00 $985.00 $0.00 $0.00
_ Dr Structure Cover, Type K, Modified
0028 4037050 2 Ea $1,800.00 $3,600.00 $0.00 $0.00
_ Dr Structure Cover, Adj, Case 1, Modified
0029 5010025 1 Ton $250.00 $250.00 $0.00 $0.00
Hand Patching
0030 5012025 340 Ton $115.00 $39,100.00 $0.00 $0.00
HMA, 4EML
0031 8017011 135 Syd $80.00 $10,800.00 $0.00 $0.00
_ Driveway, Nonreinf Conc, 8 inch, Modified
0032 8027001 780 Ft $38.50 $30,030.00 $0.00 $0.00
_ Curb and Gutter, Conc, Det F4, Modified
Contract # H-92412 (FIRST ST., HAMILTON TO APPLE City of Muskegon, Muskegon County) Page 13 of 16
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Line Pay Item Code Quantity Units (6) Wadel Stabilization, Inc.
Description Bid Price Total Bid Price Total Bid Price Total
0033 8030010 67 Ft $80.00 $5,360.00 $0.00 $0.00
Detectable Warning Surface
0034 8030030 90 Ft $35.00 $3,150.00 $0.00 $0.00
Curb Ramp Opening, Conc
0035 8030037 540 Sft $9.00 $4,860.00 $0.00 $0.00
Sidewalk Ramp, Conc, 7 inch
0036 8030044 750 Sft $7.75 $5,812.50 $0.00 $0.00
Sidewalk, Conc, 4 inch
0037 8120022 16 Ea $100.00 $1,600.00 $0.00 $0.00
Barricade, Type III, High Intensity, Lighted, Furn
0038 8120023 16 Ea $1.00 $16.00 $0.00 $0.00
Barricade, Type III, High Intensity, Lighted, Oper
0039 8120252 50 Ea $25.00 $1,250.00 $0.00 $0.00
Plastic Drum, Fluorescent, Furn
0040 8120253 50 Ea $1.00 $50.00 $0.00 $0.00
Plastic Drum, Fluorescent, Oper
0041 8120310 5 Ea $20.00 $100.00 $0.00 $0.00
Sign Cover
0042 8120330 2 Ea $2,500.00 $5,000.00 $0.00 $0.00
Sign, Portable, Changeable Message, Furn
0043 8120331 2 Ea $750.00 $1,500.00 $0.00 $0.00
Sign, Portable, Changeable Message, Oper
0044 8120350 267 Sft $5.00 $1,335.00 $0.00 $0.00
Sign, Type B, Temp, Prismatic, Furn
0045 8120351 267 Sft $1.00 $267.00 $0.00 $0.00
Sign, Type B, Temp, Prismatic, Oper
0046 8120352 12 Sft $15.00 $180.00 $0.00 $0.00
Sign, Type B, Temp, Prismatic, Spec, Furn
0047 8120353 12 Sft $1.00 $12.00 $0.00 $0.00
Sign, Type B, Temp, Prismatic, Spec, Oper
0048 8127051 1 LSUM $20,000.00 $20,000.00 $0.00 $0.00
_ Minor Traf Devices, Modified (Max $20.000)
Contract # H-92412 (FIRST ST., HAMILTON TO APPLE City of Muskegon, Muskegon County) Page 14 of 16
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Page 213 of 272
Line Pay Item Code Quantity Units (6) Wadel Stabilization, Inc.
Description Bid Price Total Bid Price Total Bid Price Total
0049 8160062 600 Syd $12.00 $7,200.00 $0.00 $0.00
Topsoil Surface, Furn, 4 inch
0050 8167011 600 Syd $3.00 $1,800.00 $0.00 $0.00
_ Hydroseeding
0051 8230091 1 Ea $750.00 $750.00 $0.00 $0.00
Hydrant, Rem
0052 8237001 15 Ft $152.00 $2,280.00 $0.00 $0.00
_ Watermain, DI, 6 inch, Tr Det G, Modified
0053 8237001 136 Ft $215.00 $29,240.00 $0.00 $0.00
_ Watermain, DI, 8 inch, Tr Det G, Modified
0054 8237050 4 Ea $875.00 $3,500.00 $0.00 $0.00
_ Bend, 8 inch, 45 Degree, DI MJ
0055 8237050 1 Ea $7,500.00 $7,500.00 $0.00 $0.00
_ Hydrant, 6 inch, Standard
0056 8237050 3 Ea $2,800.00 $8,400.00 $0.00 $0.00
_ Sleeve, 6 inch, Long, DI MJ
0057 8237050 1 Ea $1,500.00 $1,500.00 $0.00 $0.00
_ Tee, 8 inch X 6 inch, DI MJ
0058 8237050 1 Ea $3,875.00 $3,875.00 $0.00 $0.00
_ Valve, 6 inch, Gate, With Box
0059 8237050 1 Ea $3,000.00 $3,000.00 $0.00 $0.00
_ Tee, 8 inch X 8 inch, DI MJ
0060 8237050 2 Ea $5,875.00 $11,750.00 $0.00 $0.00
_ Valve, 8 inch, Gate, with Box
0061 8240030 10 Hr $55.00 $550.00 $0.00 $0.00
Electronic Model Revision
0062 8257050 1 Ea $6,000.00 $6,000.00 $0.00 $0.00
_ By Pass Puming
0063 8257050 1 Ea $15,000.00 $15,000.00 $0.00 $0.00
_ Sanitary Manhole Special Detail
0064 8507060 10,000 Dlr $1.00 $10,000.00 $0.00 $0.00
_ Irrigation Repair
Contract # H-92412 (FIRST ST., HAMILTON TO APPLE City of Muskegon, Muskegon County) Page 15 of 16
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Page 214 of 272
Line Pay Item Code Quantity Units (6) Wadel Stabilization, Inc.
Description Bid Price Total Bid Price Total Bid Price Total
Bid Totals: $508,092.50
Contract # H-92412 (FIRST ST., HAMILTON TO APPLE City of Muskegon, Muskegon County) Page 16 of 16
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Page 215 of 272
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 8, 2024 Title: Resolution Honoring NAACP Muskegon
Branch 3147-B for 105 Years of Service
Submitted by: Jonathan Seyferth, City Manager Department: Manager's Office
Brief Summary:
A resolution honoring the NAACP Muskegon Branch 3147-B for 105 years of service.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 GOAL 3: COMMUNITY CONNECTION - Strong ties among government and community agencies
Amount Requested: Budgeted Item:
Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A x
Recommended Motion:
To adopt the resolution honoring the NAACP Muskegon Branch 3147-B for 105 Years of Service.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 216 of 272
Resolution
City of Muskegon Honors the National Association for the Advancement of Colored People (NAACP)
Muskegon Branch 3147-B for 105 Years of Service
WHEREAS, the NAACP Muskegon Branch 3147-B has served as an essential advocate for social
justice, civil rights, and equality within the Muskegon community for over a century, dedicating itself
to the advancement of equality, justice, and human dignity for all individuals; and
WHEREAS, established in 1919, the NAACP Muskegon Branch has been relentless in its efforts to
eradicate racial discrimination, address systemic inequalities, and champion civil liberties through
community engagement, educational programs, and legal advocacy; and
WHEREAS, the NAACP Muskegon Branch has significantly contributed to fostering diversity, equity,
and inclusion throughout Muskegon, striving to eliminate disparities in education, economic
opportunity, and housing while also safeguarding voting rights and social justice for
underrepresented populations; and
WHEREAS, the lasting impact of the NAACP Muskegon Branch is a testament to its unwavering
commitment to the protection of civil rights and the guarantee that every individual, irrespective of
their race, gender, or background, is entitled to the freedoms and opportunities necessary to lead a
life of dignity and equality; and
WHEREAS, the NAACP Muskegon Branch continues to be a beacon of hope and guidance for
future generations through its dedication to advocacy, outreach, and mentorship, while also nurturing
leadership among the youth, entrusting them with the legacy of pursuing justice and equality; and
WHEREAS, the City of Muskegon and its citizens hold in high regard and extend their deepest
gratitude to the NAACP Muskegon Branch 3147-B for its unwavering commitment and significant
contributions over the past 105 years towards fostering positive societal change and advocating for
the rights and welfare of all its residents.
NOW, THEREFORE, BE IT RESOLVED, the City of Muskegon City Commission does hereby
honor and celebrate the NAACP Muskegon Branch 3147-B on the momentous occasion of its 105th
anniversary, recognizing its steadfast fidelity to justice, civil rights, and community empowerment.
BE IT FURTHER RESOLVED, that the City of Muskegon expresses its profound appreciation for the
NAACP Muskegon Branch’s enduring dedication to enhancing the quality of life for all Muskegon
residents and eagerly anticipates its continued efforts in fostering a more equitable and just society.
The foregoing Resolution was offered by Commissioner Willie German, Jr. and supported by
Commissioner _____________, and same was duly passed at a general session of the City of
Muskegon City Commission.
CERTIFICATION
I hereby certify that the foregoing constitutes a true and
complete copy of a resolution adopted by the Commission
of the City of Muskegon, County of Muskegon, Michigan at
a regular meeting held on October 8, 2024.
By: ______________________
Kenneth D. Johnson, Mayor
Page 217 of 272
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 8, 2024 Title: Sale of 209 Merrill, 502 & 561 Mary, 845, 982,
& 1003 Ducey, 1007 Albert, 1542 Adams, 320 &
346 Wood, 425 Octavius, 436 Charles, 907
Orchard, and 877 Amity.
Submitted by: Samantha Pulos, Code Department: Planning
Coordinator
Brief Summary:
Staff is seeking authorization to sell the City-owned vacant lots at 209 Merrill, 502 & 561 Mary, 845, 982,
& 1003 Ducey, 1007 Albert, 1542 Adams, 320 & 346 Wood, 425 Octavius, 436 Charles, 907 Orchard,
and 877 Amity to Stephen Benedict, Stephens Home and Investments LLC, for the amount of $56,175.
Detailed Summary & Background:
Stephen Benedict would like to purchase the City-owned buildable lots at 209 Merrill, 502 & 561 Mary,
845, 982, & 1003 Ducey, 1007 Albert, 1542 Adams, 320 & 346 Wood, 425 Octavius, 436 Charles, 907
Orchard, and 877 Amity to build single family homes. 209 Merrill, 502 Mary, 845, 982, & 1003 Ducey,
and 1007 Albert will be split into additional buildable lots. 346 Wood will have a new address on
Leonard.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Create an environment that effectively attracts new residents and retains existing residents by filling
existing employment gaps, attracting new and diverse businesses to the city, and expanding access
to a variety of high-quality housing options in Muskegon. Diverse housing types.
Goal/Action Item:
335
Amount Requested: Budgeted Item:
N/A Yes No N/A x
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A x
Recommended Motion:
To authorize the Code Coordinator to complete the sale of 209 Merrill, 502 & 561 Mary, 845, 982, &
1003 Ducey, 1007 Albert, 1542 Adams, 320 & 346 Wood, 425 Octavius, 436 Charles, 907 Orchard, and
877 Amity, as described in the attached purchase agreement and to have the Mayor and Clerk sign
the purchase agreement.
Approvals: Guest(s) Invited / Presenting:
Page 218 of 272
Immediate Division x
Head No
Information
Technology
Other Division Heads x
Communication
Legal Review x
Page 219 of 272
PURCHASE AND DEVELOPMENT AGREEMENT
This Purchase and Development Agreement (“Agreement”) is made ______________, 2024
(“Effective Date”), between the City of Muskegon, a Michigan municipal corporation, of 933 Terrace
Street, Muskegon, Michigan 49440 (“City”), and Stephens Homes and Investments, LLC, a Michigan
limited liability company, of 1042 Terrace Street, Muskegon, Michigan 49442 (“Developer”), with
reference to the following facts:
Background
A. City is the owner of 14 buildable lots, being 209 Merrill, 502 & 561 Mary, 845, 982, &
1003 Ducey, 1007 Albert, 1542 Adams, 320 & 346 Wood, 425 Octavius, 436 Charles, 907 Orchard, and
877 Amity, more specifically described in attached Exhibit A. Prior to closing, City shall combine one or
more of the lots and split the property into nineteen (19) lots, more specifically described in attached Exhibit
B.
B. Developer proposes to purchase and develop nineteen (19) vacant lots owned by City,
which are all located in the City of Muskegon, Muskegon County, Michigan, and each commonly known
and legally described on the attached Exhibit B (each property individually, a “Parcel” and collectively
“Project Properties”).
C. City and Developer desire to establish the terms, covenants, and conditions upon which
City will sell and Developer will purchase and develop the Project Properties. Developer intends to develop
on each of the Project Properties a single-family house (the “Project”).
Therefore, for good and valuable consideration, the parties agree as follows:
1. Sale and Purchase of Project Properties. City agrees to sell to Developer, and Developer
agrees to purchase from City, on the terms and subject to the conditions set forth in this Agreement, the
Project Properties, subject to reservations, restrictions, and easements of record.
2. Purchase Price. The total purchase price for the Project Property shall be $56,175.00,
which shall be paid in cash or other immediately available funds at Closing (defined below) less the $1000
deposit that the Developer has paid to the City of Muskegon. The “Purchase Price” shall be allocated to
each lot as provided for in attached Exhibit B.
Pursuant to Paragraph 3(b) below, the parties acknowledge and agree that Developer shall be eligible to be
reimbursed all or a portion of the purchase price upon the completion of certain design standards for each
Parcel as further described herein.
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3. Construction and Development Requirements.
a. Construction Dates. The parties acknowledge and agree that Developer shall have
a period of twenty-four (24) months from the date of Closing to complete the Project (“Construction
Period”), except as otherwise provided in this Agreement or as otherwise mutually agreed upon by
the parties in writing.
b. Construction Details; Purchase Price Reimbursement. Developer’s construction
and development of the Project Properties shall be in substantial conformance with its plans and
specifications provided to City by Developer or as otherwise agreed upon in writing between City
and Developer. As referenced above, Developer shall be eligible for reimbursement of all or a
portion of the purchase price for each of the Project Properties upon Developer’s satisfaction of the
following design standards for each single-family home it constructs on the Project Properties:
Purchase Price Reimbursement for Parcel
Design Standard
Open front porch of at least 60 sq. ft. 20%
Picture or bay window 20%
Alley-loaded parcel 20%
Shutter or other acceptable window 20%
treatments
Underground Sprinkling 20%
(By way of example only: If Developer completes three of the design standards listed above for
the construction at the Parcel located at 346 Wood Developer would be reimbursed $1,800, which
is 60% of the $3,000 purchase price for 346 Wood. If Developer completes all five design standards
for all of the lots purchased, Developer would be reimbursed the entire purchase price.)
4. Reversionary Interest. Notwithstanding anything herein to the contrary, and as security
for Developer’s obligation to commence and complete construction of a single-family house on each of the
Project Properties, each quit claim deed conveying a lot to Developer shall contain a reversionary interest
of that lot (“City’s Reversionary Interest”), which will become effective:
a. Developer does not commence construction within sixty (60) days after the date of
Closing, in which case title to this Parcel shall automatically revert to City upon the terms and
conditions further provided in this Paragraph 4 below. For purposes of this Paragraph 4(a),
commencing construction means furnishing labor and materials to this Parcel and beginning
installation of the approved single-family home.
b. Developer does not complete construction of a single-family residential structure
on this Parcel prior to expiration of the Construction Period, in which case title to this Parcel shall
automatically revert to City upon the terms and conditions further provided in this Paragraph 4
below. For purposes of this Paragraph 4(b), completing construction means the issuance of an
occupancy permit by City for this Parcel. Provided, however, the parties agree to reasonably
negotiate an extension of the Construction Period up to a period of six (6) months for any of the
Project Properties that have a completed foundation before the expiration of the initial Construction
Period.
If any of the above conditions occur, City shall automatically have City’s Reversionary Right to reacquire
title to any or all of the Project Properties, as the case may be. To exercise City’s Reversionary Right
Page 221 of 272
described herein, City must provide written notice to Developer (or its permitted successors, assigns, or
transferees) within thirty (30) days of Developer’s failure under this Agreement, but in any event prior to
Developer satisfying the conditions set forth in Paragraph 4(a) or Paragraph 4(b) above, as the case may
be, and record such notice with the Muskegon County Register of Deeds. Upon request of City, Developer
shall take all reasonable steps to ensure City acquires marketable title to any or all of the Project Properties,
as the case may be, through its exercise of its rights under this Paragraph within thirty (30) days of City’s
demand, including without limitation, the execution of appropriate deeds and other documents.
In addition, if any or all of the Project Properties revert to City, City may retain the purchase price for such
Project Properties free and clear of any claim of Developer or its assigns. In the event of reversion of title
of any or all of the Project Properties, improvements made on such Project Properties shall become the
property of City. In no event shall the Project Properties be in a worse condition than upon the date of
Closing. These covenants and conditions shall run with the land and be recorded in the quit claim deeds
from City to Developer.
5. Waiver of Water/Sewer Connection Fee. Upon the condition that all Project Properties
are completed no later than the Construction Completion Date, City agrees to waive the water/sewer
connection fee for all Project Properties. Developer is not entitled to the water/sewer waiver unless all 19
lots have fully completed single family residences by the end of the Construction Period.
6. Title Insurance. Within five (5) days after the Effective Date, Developer shall order a
single title commitment for an extended coverage ALTA owner’s policy of title insurance issued by
Transnation Title Agency (the “Title Company”) for the nineteen (19) Project Properties in the amount of
the total purchase price for the Project Properties and bearing a date later than the Effective Date, along
with copies of all of the underlying documents referenced therein (the “Title Commitment”), with a copy
of the commitment and underlying documents to City. Developer shall cause the Title Company to issue a
marked-up commitment or pro forma owner’s policy with respect to the Project Properties at the Closing
naming Developer as the insured and in form and substance reasonably satisfactory to Developer, but
subject to Permitted Exceptions (defined below). As soon as possible after the Closing, Developer shall
cause the Title Company to furnish to Developer an extended coverage ALTA owner’s policy of title
insurance with respect to the Project Properties (the “Title Policy”). City shall be responsible for the cost
of the Title Policy; provided, however, Developer shall be solely responsible for the cost of any
endorsements to the Title Policy that Developer desires.
7. Title Objections. Developer shall have until the end of the Inspection Period (as defined
below) within which to raise objections to the status of City’s title to any of the Project Properties. If
objection to the title is made, City shall have thirty (30) days from the date it is notified in writing of the
particular defects claimed to either (a) remedy the objections, or (b) notify Developer that it will not remedy
the objections. If Developer does not notify City in writing as to any title or survey objections, then
Developer will be deemed to have accepted the condition of title as set forth in the Title Commitment. If
City is unwilling or unable to remedy the title or obtain title insurance over such defects within the time
period specified, then notwithstanding anything contained herein to the contrary, Developer may, at its
option, upon written notice to City, either (i) terminate this Agreement as to the applicable parcel and neither
City nor Developer shall have any further obligation to the other pursuant to this Agreement as to that
parcel, except as otherwise provided herein, or (ii) waive such objection, in which case such objection shall
become a Permitted Exception, and thereafter proceed to the Closing according to the terms of this
Agreement. Any matter disclosed on the Title Commitment that is waived or not objected to by Developer
shall be deemed a “Permitted Exception.”
8. Property Taxes and Assessments. City shall be responsible for the payment of all real
estate taxes and assessments that become due and payable prior to Closing, without proration. Developer
Page 222 of 272
shall be responsible for the payment of all real estate taxes and assessments that become due and payable
after Closing, without proration.
9. Survey. Developer at its own expense may obtain a survey of any or all of the Project
Properties, and Developer or its surveyor or other agents may enter any of the Project Properties for that
purpose prior to Closing. If no survey is obtained, Developer agrees that Developer is relying solely upon
Developer's own judgment as to the location, boundaries, and area of the Project Properties and
improvements thereon without regard to any representations that may have been made by City or any other
person. In the event that a survey by a registered land surveyor made prior to Closing discloses an
encroachment or substantial variation from the presumed land boundaries or area, City shall have the option
of affecting a remedy within thirty (30) days after disclosure, or terminate this Agreement as to that Parcel.
Developer may elect to purchase the Project Properties subject to said encroachment or variation.
10. Inspection Period. At Developer’s sole option and expense, Developer and Developer’s
agents may conduct inspections of each of the Project Properties within thirty (30) days after the Effective
Date (“Inspection Period”). Developer’s inspection under this Paragraph may include, by way of example
but not limitation, inspections of any existing improvements to each Parcel, other systems servicing the
Parcel, zoning, and the suitability for Developer’s intended purposes for each Parcel. If Developer, in
Developer’s reasonable discretion, is not satisfied with the results of the inspections for any reason,
Developer shall notify City in writing of Developer’s intention prior to expiration of the 30-day Inspection
Period. If Developer so notifies City, this Agreement shall be terminated as to that Parcel and have no
further force and effect. If no written objection is made by Developer within the stated period, this
inspection contingency shall be deemed to be waived by Developer and the parties shall proceed to Closing
in accordance with the terms of this Agreement.
11. Condition of Project Properties. City and Developer acknowledge and agree that each
Parcel in the Project Properties is being sold and delivered “AS IS”, “WHERE IS” in its present condition.
Except as specifically set forth in this Agreement or any written disclosure statements, City has not made,
does not make, and specifically disclaims any and all representations, warranties, or covenants of any kind
or character whatsoever, whether implied or express, oral or written, as to or with respect to (i) the value,
nature, quality, or condition of any of the Project Properties, including without limitation, soil conditions,
and any environmental conditions; (ii) the suitability of the Project Properties for any or all of Developer’s
activities and uses; (iii) the compliance of or by the Project Properties with any laws, codes, or ordinances;
(iv) the habitability, marketability, profitability, or fitness for a particular purpose of the Project Properties;
(v) existence in, on, under, or over the Project Properties of any hazardous substances; or (vi) any other
matter with respect to the Project Properties. Developer acknowledges and agrees that Developer has or
will have the opportunity to perform inspections of the Project Properties pursuant to this Agreement and
that Developer is relying solely on Developer’s own investigation of the Project Properties and not on any
information provided to or to be provided by City (except as specifically provided in this Agreement). If
the transaction contemplated herein closes, Developer agrees to accept the respective Project Properties
acquired by Developer and waive all objections or claims against City arising from or related to such Project
Properties and any improvements thereon except for a breach of any representations or warranties or
covenants specifically set forth in this Agreement. In the event this transaction closes, then subject to City’s
express representations, warranties, and covenants in this Agreement, Developer acknowledges and agrees
that it has determined that the respective Project Properties it has acquired and all improvements thereon
are in a condition satisfactory to Developer based on Developer’s own inspections and due diligence, and
Developer has accepted such Project Properties in their present condition and subject to ordinary wear and
tear up to the date of Closing. The terms of this Paragraph shall survive the Closing and/or the delivery of
the deed.
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12. Developer’s Representations and Warranties of Developer. Developer represents,
covenants, and warrants the following to be true:
a. Authority. Developer is a Michigan limited liability company. Developer has the
power and authority to enter into and perform Developer’s obligations under this Agreement.
b. Litigation. No judgment is outstanding against Developer and no litigation, action,
suit, judgment, proceeding, or investigation is pending or outstanding before any forum, court, or
governmental body, department or agency or, to the knowledge of Developer, threatened, that has
the stated purpose or the probable effect of enjoining or preventing the Closing.
c. Bankruptcy. No insolvency proceeding, including, without limitation, bankruptcy,
receivership, reorganization, composition, or arrangement with creditors, voluntary or involuntary,
affecting Developer or any of Developer's assets or properties, is now or on the Closing Date will
be pending or, to the knowledge of Developer, threatened.
13. Conditions Precedent. This Agreement and all of the obligations of Developer under this
Agreement are, at Developer’s option, subject to the fulfillment, before or at the time of the Closing, of
each of the following conditions:
a. Performance. The obligations, agreements, documents, and conditions required to
be signed and performed by City shall have been performed and complied with before or at the date
of the Closing.
b. City Commission Approval. This Agreement is approved by the Muskegon City
Commission.
c. Parcel Combination and Split. City shall combine one or more Parcels and split
the Parcels creating a total of 19 Parcels, as described in Exhibit B.
14. Default.
a. By Developer. In the event Developer fails to comply with any or all of the
obligations, covenants, warranties, or agreements under this Agreement and such default is not
cured within thirty (30) days after receipt of notice (other than Developer’s failure to tender the
purchase price in full at Closing, a default for which no notice is required), then City may terminate
this Agreement.
b. By City. In the event City fails to comply with any or all of the obligations,
covenants, warranties or agreements under this Agreement, and such default is not cured within
thirty (30) days after receipt of notice, then Developer may either terminate this Agreement or
Developer may pursue its legal and/or equitable remedies against City including, without
limitation, specific performance.
15. Closing.
a. Date of Closing. The closing date of this sale shall be as mutually agreed by the
parties, but in no event later than thirty (30) days after the Inspection Period (“Closing”), unless
this Agreement is terminated in accordance with its provisions. The Closing shall be conducted at
such time and location as the parties mutually agree.
Page 224 of 272
b. Costs. The costs associated with this Agreement and the Closing shall be paid as
follows: (i) Developer shall pay any state and county transfer taxes in the amount required by law;
(ii) City shall pay the premium for the owner’s Title Policy, provided that Developer shall pay for
any and all endorsements to the Title Policy that Developer desires; (iii) City shall be responsible
to pay for the recording of any instrument that must be recorded to clear title to the extent required
by this Agreement; (iv) Developer shall pay for the cost of recording the deed; (v) City shall the
costs to combine Parcels and split Parcels; and (vi) Developer and City shall each pay one-half of
any closing fees charged by the Title Company.
c. Deliveries. At Closing, City shall deliver fifteen (11) quit claim deeds, one for each
Parcel, for the Project Properties and Developer shall pay the purchase price. The quit claim deeds
to be delivered by City at closing shall include the City’s Reversionary Interest described in
Paragraph 4 above. The parties shall execute and deliver such other documents reasonably required
to effectuate the transaction contemplated by this Agreement.
16. Real Estate Commission. Developer and City shall each be responsible for any fees for
any real estate agents, brokers, or salespersons regarding this sale that it has hired, but shall have no
obligation as to any fees for any real estate agents, brokers, or salespersons regarding this sale that the other
party has hired.
17. Notices. All notices, approvals, consents and other communications required under this
Agreement shall be in writing and shall be deemed given: (i) when delivered in person; (ii) when sent by
fax or email: (iii) when sent by a nationally-recognized receipted overnight delivery service with delivery
fees prepaid; or (iv) when sent by United States first-class, registered, or certified mail, postage prepaid.
The notice shall be effective immediately upon personal delivery or upon transmission of the fax or email;
one day after depositing with a nationally recognized overnight delivery service; and five (5) days after
sending by first class, registered, or certified mail.
Notices shall be sent to the parties as follows:
To City: City of Muskegon
Attn.: Samantha Pulos, Code Coordinator
933 Terrace Street
Muskegon, MI 49440
w/ copy to: Parmenter Law
Attn.: City Attorney
601 Terrace Street, Suite 200
Muskegon, MI 49440
Email: john@parmenterlaw.com
To Developer: Stephens Homes and Investments, LLC
Attn.: Stephen Benedict
1042 Terrace Street
Muskegon, MI
Email: stephenshomes@yahoo.com
18. Miscellaneous.
a. Governing Law. This Agreement will be governed by and interpreted in
accordance with the laws of the state of Michigan.
Page 225 of 272
b. Entire Agreement. This Agreement constitutes the entire agreement of the parties
and supersedes any other agreements, written or oral, that may have been made by and between the
parties with respect to the subject matter of this Agreement. All contemporaneous or prior
negotiations and representations have been merged into this Agreement.
c. Amendment. This Agreement shall not be modified or amended except in a
subsequent writing signed by all parties.
d. Binding Effect. This Agreement shall be binding upon and enforceable by the
parties and their respective legal representatives, permitted successors, and assigns.
e. Counterparts. This Agreement may be executed in counterparts, and each set of
duly delivered identical counterparts which includes all signatories, shall be deemed to be one
original document.
f. Full Execution. This Agreement requires the signature of all parties. Until fully
executed, on a single copy or in counterparts, this Agreement is of no binding force or effect and if
not fully executed, this Agreement is void.
g. Non-Waiver. No waiver by any party of any provision of this Agreement shall
constitute a waiver by such party of any other provision of this Agreement.
h. Severability. Should any one or more of the provisions of this Agreement be
determined 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.
i. No Reliance. Each party acknowledges that it has had full opportunity to consult
with legal and financial advisors as it has been deemed necessary or advisable in connection with
its decision to knowingly enter into this Agreement. Neither party has executed this Agreement in
reliance on any representations, warranties, or statements made by the other party other than those
expressly set forth in this Agreement.
j. Assignment or Delegation. Except as otherwise specifically set forth in this
Agreement, neither party shall assign all or any portion of its rights and obligations contained in
this Agreement without the express or prior written approval of the other party, in which approval
may be withheld in the other party's sole discretion.
k. Venue and Jurisdiction. 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 jurisdiction and that Muskegon County is the exclusive venue.
This Agreement is executed effective as of the Effective Date set forth above.
Page 226 of 272
CITY: DEVELOPER:
CITY OF MUSKEGON STEPHENS HOMES AND INVESTMENTS, LLC
By: _______________________________ By: _____________________________
Name: Ken Johnson Name: __________________________
Title: Mayor Title: __________________________
Dated: ____________________________ Dated: __________________________
By: _______________________________
Name: Ann Marie Meisch
Title: City Clerk
Dated: ____________________________
Page 227 of 272
Exhibit A
The following described premises are currently owned by the City of Muskegon and will be combined and
split to create the Parcels to be Purchased by Developer and are located in the City of Muskegon, County
of Muskegon, State of Michigan, and legally described as follows:
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 13 BLOCK 386
Address: 209 MERRILL, MUSKEGON, MI 49441
Parcel #: 61-24-205-386-0013-00
Legal Description: CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 LOT 631 ALSO VACATED
EAST 1/2 OF ADJACENT ALLEY ((8/00 RESOLUTION # 2000-72 (G))
LOT 632 SPLIT FROM PARCEL 9/14/00 FOR 2001 ROLL
Address: 845 DUCEY, MUSKEGON, MI 49442
Parcel #: 61-24-612-000-0631-00
Legal Description: CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 LOTS 575 576 & 577
Address: 982 DUCEY, MUSKEGON, MI 49442
Parcel #: 61-24-612-000-0575-00
Legal Description: CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 LOT 519
Address: 1003 DUCEY, MUSKEGON, MI 49442
Parcel #: 61-24-612-000-0519-00
Legal Description: CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 LOT 553
Address: 1007 ALBERT, MUSKEGON, MI 49442
Parcel #: 61-24-612-000-0553-00
Legal Description: CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 LOTS 620 & 621
Address: 502 MARY, MUSKEGON, MI 49442
Parcel #: 61-24-612-000-0620-00
Legal Description: CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 LOT 639 & EAST 1/2
VACATED N/S ALLEY ADJACENT
Address: 561 MARY, MUSKEGON, MI 49442
Parcel #: 61-24-612-000-0639-00
Legal Description: CITY OF MUSKEGON URBAN RENEWAL PLAT NO 4 LOT 893
Address: 1542 ADAMS, MUSKEGON, MI 49442
Parcel #: 61-24-613-000-0893-00
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 SOUTH 1/2 LOTS 8 & 9 BLOCK 8
Address: 320 WOOD, MUSKEGON, MI 49442
Parcel #: 61-24-205-008-0008-10
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 10 BLOCK 8
Address: 346 WOOD, MUSKEGON, MI 49442
Parcel #: 61-24-205-008-0010-00
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 14 BLOCK 140
Address: 425 OCTAVIUS, MUSKEGON, MI 49442
Parcel #: 61-24-205-140-0014-00
Page 228 of 272
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 CITY OF MUSKEGON LOT 5 BLOCK
13 AND WEST 1/2 OF VACATED 16.5 FEET ALLEY ADJACENT THERETO (VACATED ALLEY CITY
RES #99-87)
Address: 436 CHARLES, MUSKEGON, MI 49441
Parcel #: 61-24-205-013-0005-00
Legal Description: CITY OF MUSKEGON SEC 21 T10N R16W W 50 FT OF N 132 FT OF S 297 FT NE 1/4
SW 1/4 SW 1/4
Address: 907 ORCHARD, MUSKEGON, MI 49442
Parcel #: 61-24-121-300-0062-00
Legal Description: CITY OF MUSKEGON SEC 21 T10N R16W E 66 FT OF W 544 1/2 FT OF N 165 FT
OF SW 1/4 OF SW 1/4 OF SW 1/4 EX N 33 FT FOR ST
Address: 877 AMITY, MUSKEGON, MI 49442
Parcel #: 61-24-121-300-0116-00
Page 229 of 272
Exhibit B
The following described Parcels will be created by the City of Muskegon sold to Developer for the Purchase
Prices provided and are located in the City of Muskegon, County of Muskegon, State of Michigan, and
legally described as follows:
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 EAST ½ LOT 13 BLOCK 386
Address: 209 MERRILL, MUSKEGON, MI 49441
Parcel #: 61-24-205-386-0013-00
Price: $2,437.50
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 WEST ½ LOT 13 BLOCK 386
Address: 213 MERRILL, MUSKEGON, MI 49441
Parcel #:
Price: $2,437.50
Legal Description: CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 LOT 631 ALSO VACATED
EAST 1/2 OF ADJACENT ALLEY ((8/00 RESOLUTION # 2000-72 (G))
LOT 632 SPLIT FROM PARCEL 9/14/00 FOR 2001 ROLL
Address: 845 DUCEY, MUSKEGON, MI 49442
Parcel #: 61-24-612-000-0631-00
Price: $6,000.00
(SURVEY ORDERED FOR SPLIT)
Legal Description: CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 LOTS 575 576 & 577
Address: 982 DUCEY, MUSKEGON, MI 49442
Parcel #: 61-24-612-000-0575-00
Price: $6,000.00
(TO BE COMBINED AND SPLIT W/ 1003 DUCEY – SURVEY ORDERED)
Legal Description: CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 LOT 519
Address: 1003 DUCEY, MUSKEGON, MI 49442
Parcel #: 61-24-612-000-0519-00
Price: $6,000.00
(TO BE COMBINED AND SPLIT W/ 982 DUCEY – SURVEY ORDERED)
Legal Description: CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 LOT 553
Address: 1007 ALBERT, MUSKEGON, MI 49442
Parcel #: 61-24-612-000-0553-00
Price: $6,000.00
(TO BE SPLIT INTO TWO LOTS)
Legal Description: CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 LOTS 620
Address: 502 MARY, MUSKEGON, MI 49442
Parcel #: 61-24-612-000-0620-00
Price: $3,000.00
Legal Description: CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 LOTS 621
Address: 508 MARY, MUSKEGON, MI 49442
Parcel #:
Price: $3,000.00
Page 230 of 272
Legal Description: CITY OF MUSKEGON URBAN RENEWAL PLAT NO 3 LOT 639 & EAST 1/2
VACATED N/S ALLEY ADJACENT
Address: 561 MARY, MUSKEGON, MI 49442
Parcel #: 61-24-612-000-0639-00
Price: $4,650.00
Legal Description: CITY OF MUSKEGON URBAN RENEWAL PLAT NO 4 LOT 893
Address: 1542 ADAMS, MUSKEGON, MI 49442
Parcel #: 61-24-613-000-0893-00
Price: $4,650.00
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 SOUTH 1/2 LOTS 8 & 9 BLOCK 8
Address: 320 WOOD, MUSKEGON, MI 49442
Parcel #: 61-24-205-008-0008-10
Price: $3,000.00
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 10 BLOCK 8
Address: 346 WOOD, MUSKEGON, MI 49442
Parcel #: 61-24-205-008-0010-00
Price: $3,000.00
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 LOT 14 BLOCK 140
Address: 425 OCTAVIUS, MUSKEGON, MI 49442
Parcel #: 61-24-205-140-0014-00
Price: $3,000.00
Legal Description: CITY OF MUSKEGON REVISED PLAT OF 1903 CITY OF MUSKEGON LOT 5 BLOCK
13 AND WEST 1/2 OF VACATED 16.5 FEET ALLEY ADJACENT THERETO (VACATED ALLEY CITY
RES #99-87)
Address: 436 CHARLES, MUSKEGON, MI 49441
Parcel #: 61-24-205-013-0005-00
Price: $3,000.00
Legal Description: CITY OF MUSKEGON SEC 21 T10N R16W W 50 FT OF N 132 FT OF S 297 FT NE 1/4
SW 1/4 SW 1/4
Address: 907 ORCHARD, MUSKEGON, MI 49442
Parcel #: 61-24-121-300-0062-00
Price: $3,000.00
Legal Description: CITY OF MUSKEGON SEC 21 T10N R16W E 66 FT OF W 544 1/2 FT OF N 165 FT
OF SW 1/4 OF SW 1/4 OF SW 1/4 EX N 33 FT FOR ST
Address: 877 AMITY, MUSKEGON, MI 49442
Parcel #: 61-24-121-300-0116-00
Price: $3,000.00
Page 231 of 272
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 8, 2024 Title: Brunswick Sewer Repair
Submitted by: Joe Buthker, DPW Superintendent Department: Public Works
Brief Summary:
Staff is requesting authorization to accept the proposal from Terra Contractors to repair the sewer
lateral at Brunswick on Laketon Ave.
Detailed Summary & Background:
City staff were recently called to address a problem with the sewer service at Brunswick on Laketon
Ave. An investigation of the sewer lateral revealed a blockage and indicated additional damage
that would need to be repaired. The repair would be complicated by the depth and location of the
sewer main. Since the sewer main was located underneath the middle of Laketon Avenue, a
complete closure of the roadway was required to safely excavate to the main.
In order to minimize the time that Laketon Avenue was completely closed, and to safely and
efficiently excavate to the depths required for this project, staff recommended bringing in a
contractor to complete the repair.
Staff solicited bids from three contractors. Terra Contractors provided the lowest bid and was
selected to complete this repair. This work was authorized by the City Manager on September 6, 2024
under the Emergency Procurement provision of the Purchasing Policy. The Director of Public Works
informed the City Commission of this work at the September 10, 2024 meeting. This work has now
been completed and staff seeks retroactive approval.
Staff anticipates this cost will be borne by the owner of the Brunswick facility based on their
ownership of the lateral as detailed in the City ordinance.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Sustainability in financial practices and infrastructure
Goal/Action Item:
2027 GOAL 4: FINANCIAL INFRASTRUCTURE - Maximized efficient use of existing infrastructure
Amount Requested: Budgeted Item:
$91,185.00 Yes No X N/A
Fund(s) or Account(s): Budget Amendment Needed:
Sewer Fund (590-559) Yes X No N/A
Recommended Motion:
Page 232 of 272
I move to authorize staff to sign the proposal with Terra Contractors to repair the Brunswick sewer
lateral for $91,185.00.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 233 of 272
TERRA CONTRACTORS, LLC
Invoice
856 Pulaski Ave
MUSKEGON, MI 49441 Date Invoice #
9/27/2024 1994
Bill To
City of Muskegon
933 Terrace St
Muskegon MI 49443
P.O. No. Terms Project
Due on receipt Laketon
Quantity Description Rate Amount
Laketon Ave Brunswick Repair
Base Bid:
Mob, Traffic, Removals 21,000.00 21,000.00
•Mobilize equipment and crews.
•Road closure and detour.
•Remove 30’x36’ section of Laketon. We will work with the city on sawcutting.
Sanitary system 30,000.00 30,000.00
•Install 8” SDR 35 pipe from the main to the sidewalk.
•We will plug the existing broken lateral. City will be responsible for handling the back
up and pumping.
•Connect line to existing 27” clay sewer pipe. Integrity of the existing line is unknown.
We are not responsible for inadvertent damage.
Site grading 17,000.00 17,000.00
•Backfill hole with native material and material stockpiled on Temple. No imports are
assumed to be needed.
•Place and compact 5” agg under concrete area.
•Grade for sidewalk and pour.
•Grade for Laketon and pour. 10” thick concrete. Dowel into existing.
•City is to restore irrigation, topsoil and seed.
Additional work:
Remove and plug unknown 8" steel gas line under the south lane of Laketon. DTE 900.00 900.00
verified the line was no longer in use. 3 hours crew work.
Total
Payments/Credits
Balance Due
Phone # Fax #
231.755.4450 231.755.4457
Page 1
Page 234 of 272
TERRA CONTRACTORS, LLC
Invoice
856 Pulaski Ave
MUSKEGON, MI 49441 Date Invoice #
9/27/2024 1994
Bill To
City of Muskegon
933 Terrace St
Muskegon MI 49443
P.O. No. Terms Project
Due on receipt Laketon
Quantity Description Rate Amount
25 C sand import and placement to fill sinkhole void under Laketon 400.00 400.00
Bypass sewer flow. 3,850.00 3,850.00
Line existing sewer lateral. 17,000.00 17,000.00
urther excavate trench to the south to remove additional 2 sections of clay lateral and 1,035.00 1,035.00
replace with SDR. 2 hours for the crew and materials.
Total 91,185.00
inance charge of 1 1/2 per month annual percentage rate of 18 is charged on all past
due accounts. Payments/Credits 0.00
Balance Due 91,185.00
Phone # Fax #
231.755.4450 231.755.4457
Page
Page 235 of 272
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 8, 2024 Title: Concur with CRC Recommendations to
Accept Resignations and Make Appointment
Submitted by: Ann Meisch, City Clerk Department: City Clerk
Brief Summary:
To concur with the Community Relations Committee recommendation to accept the resignation of
Derek Edlund from the Lakeside Business Improvement District and to accept the resignation of
Jonathan Witmer from the Zoning Board of Appeals and to appoint Jordan Hite as a resident.
Detailed Summary & Background:
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
Amount Requested: Budgeted Item:
Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
Yes No N/A X
Recommended Motion:
To accept the resignation of Derek Edlund from the Lakeside Business Improvement District and to
accept the resignation of Jonathan Witmer from the Zoning Board of Appeals and to appoint Jordan
Hite as a resident.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 236 of 272
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 8, 2024 Title: FY25 Drinking Water State Revolving Fund
(DWSRF) Engineering Services
Submitted by: Dan VanderHeide, Public Works Department: Public Works
Director
Brief Summary:
Staff requests authorization to enter into two contracts with Prein & Newhof in the total amount of
$1,113,600 for design and construction engineering services related to the FY25 Drinking Water State
Revolving Fund (DWSRF) program, associated projects and service line replacements.
Detailed Summary & Background:
The City is again fortunate to have been offered loans, grants and principal forgiveness through the
FY25 Drinking Water Revolving Fund (DWRF) program through the State of Michigan Department of
Environment, Great Lakes & Energy (EGLE). Specifically, the City has been offered a combination of
grants and principal forgiveness totaling 20% funding, with the remaining 80% eligible for a 20- or 30-
year loan at a 2% interest rate which is well below market.
Due to scoring requirements, several projects were included in the City's application and must be
completed under the program in order to take advantage of the principle forgiveness (which is
specifically associated with the lead service line replacement work). The overall budget for the
projects is $15,591,000. $13,985,000 is for water mains, lead service lines and other work eligible for
and included in the DWSRF program (the remainder will be paid from sewer and road funds on
hand). Specifically, the program includes:
• $10,000,000 for lead service line replacements, including $2,797,000 in principle forgiveness
• $392,000 for looping projects at Yuba and Wood and at Wildwood Lane and Dowd
• $488,000 for recoating the interior of the Marshall Street Elevated Storage Tank (water tower)
• $3,105,000 for the replacement of water main and lead service lines in Catherine Avenue from
Irwin to Wood
• $1,606,000 of ineligible costs for the Catherine Avenue project to be paid for with local street
and sewer funds on hand
Depending on bid prices, it is anticipated the FY25 program will replace up to 1,400 lead service lines.
The debt service fee the DWSRF-eligible portion of the program is expected to add to the water bill is
estimated at $3.45 per month for a residential account, and would begin impacting customer's bills in
FY27 or FY28. Portions of the engineering work required for these projects are included in the 24/25
budget and should they move forward, the projects will continue to have allocations included in the
25/26 and 26/27 fiscal year budgets. The engineering costs are eligible for the principle forgiveness
and bond at the same cost split as the construction work.
A qualifications-based process was used in 2019 that shortlisted Prein & Newhof along with two other
firms to provide engineering services for these projects. Staff solicited proposals from Prein & Newhof
which totaled $1,113,600, split into one contract for the lead service line replacements and a second
Page 237 of 272
contract for the remainder of the projects. The staff has reviewed the proposals and feels Prein &
Newhof are best suited to handle these projects based on their experience and their intimate
familiarity with our water system, the DWSRF program, and their history of exemplary performance on
similar projects over the past several years.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Decrease infrastructure burden on residents, Sustainability in financial practices and infrastructure
Goal/Action Item:
2027 GOAL 4: FINANCIAL INFRASTRUCTURE - Reliable and efficient short and long term financial
practices
Amount Requested: Budgeted Item:
Grants, Bonds and Funds on Hand totaling Yes X No N/A
$1,113,600
Fund(s) or Account(s): Budget Amendment Needed:
203, 590 and 591 Yes No X N/A
Recommended Motion:
Authorize staff to enter into two contracts with Prein & Newhof in the total amount of $1,113,600 for
design and construction engineering services related to the FY25 Drinking Water State Revolving Fund
(DWSRF) program, associated projects and service line replacements.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
Other Division Heads
Communication
Legal Review
Page 238 of 272
Attachment #1 - Fiscal Year 2025 DWSRF Project Priority List - DRAFT
Total Population Total Loan Emerging Non BIL LSLR BIL Emerging BIL DWSRF BIL DWSRF
Project Cost per BIL LSLR Overburdened BIL DWSRF BIL DWSRF State LSLR + Total
Applicant Project Scope Project County Priority Served by Amount Contaminant Eligible DWSRF Loan DWSRF PF Contaminant Supplemental Supplemental
Number Population Eligible Costs Determination LSLR Loan LSLR PF WM Grant PF/Grant*
Points Project Requested Costs Costs PF Loan PF
Significantly
7751-01 City of Muskegon Heights WTP, LSLR, WM and Valve Rep Muskegon 100 9,917 $ 16,420,000 $1,655.74 $ 7,950,000 $ - Overburdened $ 5,797,500 $ 2,672,500 $ 4,054,500 $ 3,895,500 $ 6,568,000
7710-01 City of Battle Creek LSLR, WM, and Well Improvements Calhoun 95 52,000 $ 24,575,000 $472.60 $ 2,600,000 $ - Overburdened $ 18,334,000 $ 3,641,000 $ 1,326,000 $ 1,274,000 $ 4,915,000
7866-01 City of Kalamazoo PFAS Treatment, LSLR, and WM Rep Kalamazoo 95 200,247 $ 110,265,000 $550.64 $ 97,264,000 $ 5,890,000 $ 7,110,000 Overburdened $ 90,265,000 $ 20,000,000 $ 20,000,000
7729-01 YCUA (city only) LSLR, WM Rep, Looping, Meters Washtenaw 90 22,926 $ 3,030,000 $132.16 $ 124,000 $ - Overburdened $ 2,360,760 $ 545,240 $ 63,240 $ 60,760 $ 606,000
7717-01 City of Muskegon LSLR, WM Rep and Looping Muskegon 90 38,300 $ 13,985,000 $365.14 $ 10,710,000 $ - Overburdened $ 9,761,530 $ - $ 1,426,470 $ 2,797,000 $ 2,797,000
7884-01 City of Dowagiac New WTP, LSLR, WM Rep, Looping Cass 90 5,943 $ 14,285,000 $2,403.67 $ 2,000,000 $ - Overburdened $ 10,408,000 $ 1,877,000 $ 1,020,000 $ 980,000 $ 2,857,000
Significantly
7777-01 City of Hartford LSLR, WM Rep, Looping, Meters, SCADA Van Buren 90 2,080 $ 11,760,000 $5,653.85 $ 4,488,000 $ - Overburdened $ 4,767,120 $ 2,504,880 $ 2,288,880 $ 2,199,120 $ 4,704,000
7869-01 City of Iron Mountain LSLR, WM, and Looping Dickinson 90 1,500 $ 13,300,000 $8,866.67 $ 4,600,000 $ - Overburdened $ 8,294,000 $ 406,000 $ 2,346,000 $ 2,254,000 $ 2,660,000
7626-01 City of Harbor Beach LSLR, WTP Storage, TM and WM Rep Huron 90 1,604 $ 15,000,000 $9,351.62 $ 375,000 $ - Overburdened $ 11,808,750 $ 2,816,250 $ 191,250 $ 183,750 $ 3,000,000
Significantly
7870-01 City of Saginaw (City) LSLR, WM Rep Saginaw 90 940 $ 18,800,000 $20,000.00 $ 2,300,000 $ - Overburdened $ 10,107,000 $ 6,393,000 $ 1,173,000 $ 1,127,000 $ 7,520,000
Significantly
7872-01 City of St. Louis LSLR, WM and Valve Rep, Looping Gratiot 90 333 $ 13,340,000 $40,060.06 $ - $ 180,000 Overburdened $ 8,004,000 $ 5,156,000 $ - $ - $ 180,000 $ 5,336,000
7880-01 City of Owosso LSLR, WTP and Well Improvements Shiawassee 85 26,658 $ 11,620,000 $435.89 $ 900,000 $ - Overburdened $ 8,837,000 $ 1,424,000 $ 459,000 $ 441,000 $ 459,000 $ 2,324,000
7768-01 Mt. Pleasant WTP Improvements and LSLR Isabella 85 26,007 $ 13,100,000 $503.71 $ 47,500 $ 282,500 Overburdened $ 10,480,000 $ 2,287,000 $ 333,000 $ 2,620,000
7681-01 City of Bay City LSLR, WM, and Looping Bay 85 33,644 $ 27,425,000 $815.15 $ 26,345,580 $ 327,980 Overburdened $ 16,840,000 $ 585,000 $ 5,100,000 $ 4,900,000 $ 5,485,000
7771-01 City of Sault Ste. Marie LSLR, MW Rep, Looping, Intake Protection Chippewa 85 13,410 $ 16,885,000 $1,259.13 $ - $ 1,254,774 Overburdened $ 13,508,000 $ 2,128,000 $ 1,249,000 $ 3,377,000
7779-01 City of Galesburg WM Rep, System Improvements Kalamazoo 85 2,377 $ 3,260,000 $1,371.48 $ - $ - Overburdened $ 2,608,000 $ 652,000 $ 652,000
7680-01 City of Hart LSLR, WM Rep, Well System Improvements Oceana 85 2,063 $ 3,655,000 $1,771.69 $ 1,421,000 $ - Overburdened $ 2,199,290 $ 724,710 $ 696,290 $ 34,710 $ 731,000
Significantly
7887-01 GLWA/DWSD LSLR, WM Rep Wayne 85 13,495 $ 25,670,000 $1,902.19 $ 7,280,810 $ 380,000 Overburdened $ - $ 11,956,787 $ 6,052,403 $ 3,713,213 $ 3,567,597 $ 380,000 $ 10,000,000
Significantly
7888-01 GLWA/DWSD LSLR, WM Rep Wayne 85 12,403 $ 25,540,000 $2,059.18 $ 6,881,981 $ 360,000 Overburdened $ 9,036,302 $ 2,993,888 $ 2,571,767 $ 3,509,810 $ 3,372,171 $ 4,056,062 $ 10,000,000
7893-01 City of Hazel Park LSLR, WM Rep, Looping Oakland 85 4,913 $ 13,650,000 $2,778.34 $ 2,401,271 $ 9,066,729 Overburdened $ 9,695,352 $ 1,224,648 $ 1,176,623 $ 1,553,377 $ 2,730,000
7867-01 City of Grand Rapids (City) LSLR, WM Rep Kent 85 6,376 $ 20,340,000 $3,190.09 $ 8,000,000 $ - Overburdened $ - $ 12,192,000 $ 4,080,000 $ 3,920,000 $ 148,000 $ 4,068,000
7863-01 Oakland County (Pontiac) LSLR, WM Rep Oakland 85 5,278 $ 19,080,000 $3,615.01 $ 5,438,600 $ - Overburdened $ 652,435 $ 11,837,879 $ 2,773,686 $ 2,664,914 $ 1,151,086 $ 3,816,000
7659-01 Redford LSLR, WM Rep, Looping Wayne 85 3,700 $ 13,755,000 $3,717.57 $ 2,000,000 $ - Overburdened $ 9,984,000 $ 1,020,000 $ 980,000 $ 1,771,000 $ 2,751,000
7544-01 City of St. Ignace LSLR, WTP and WR Improvements Mackinac 85 2,987 $ 14,000,000 $4,686.98 $ 230,000 $ - Overburdened $ 11,082,700 $ 117,300 $ 112,700 $ 2,687,300 $ 2,800,000
7845-01 City of Brown City LSLR, WTP Filters, Meters, Looping Lapeer 85 1,300 $ 7,415,000 $5,703.85 $ - $ 800,000 Overburdened $ 5,932,000 $ 1,483,000 $ 1,483,000
7520-01 City of Eaton Rapids LSLR, WTP filters, WM Rep Eaton 85 5,340 $ 33,810,000 $6,331.46 $ - $ 3,250,000 Overburdened $ 6,762,000 $ 6,762,000
Significantly
7873-01 Village of Farwell LSLR, WM Rep, Meters, WT Improvements Clare 85 880 $ 5,830,000 $6,625.00 $ - $ 48,000 Overburdened $ - $ 2,332,000 $ 2,332,000
Significantly
7808-01 City of Evart LSLR, WM Rep, Well and Tank Improvements Osceola 85 1,742 $ 12,675,000 $7,276.12 $ 3,509,000 $ - Overburdened $ - $ 3,509,000 $ - $ 5,070,000 $ 5,070,000
Significantly
7827-01 City of Gaastra LSLR, WTP, SCADA, PS, Improvements Iron 85 312 $ 2,500,000 $8,012.82 $ 220,000 $ 55,000 Overburdened $ - $ 220,000 $ 1,000,000 $ 1,000,000
Significantly
7878-01 City of Lincoln Park LSLR and WM Improvements Wayne 85 1,386 $ 11,520,000 $8,311.69 $ 2,292,600 $ 1,710,228 Overburdened $ - $ 2,292,600 $ 4,608,000 $ 4,608,000
Significantly
7892-01 City of Ecorse LSLR, WM Rep and Upsizing Wayne 85 1,205 $ 14,470,000 $12,008.30 $ 6,000,000 $ - Overburdened $ - $ 212,000 $ 5,788,000 $ 5,788,000
7881-01 City of Escanaba LSLR, WM Rep Delta 85 2,799 $ 35,000,000 $12,504.47 $ 26,500,000 $ - Overburdened
7819-01 Village of Clifford LSLR, WTP and Storage System Improvements Lapeer 85 324 $ 6,500,000 $20,061.73 $ - $ 60,000 Overburdened
Significantly
7879-01 City of Hamtramck LSLR and WM Rep Wayne 85 677 $ 18,600,000 $27,474.15 $ 5,604,000 $ - Overburdened
Significantly
7805-01 Village of Kaleva LSLR, WM and Storage System Improvements Manistee 85 507 $ 13,930,000 $27,475.35 $ 3,272,000 $ - Overburdened
7876-01 City of Kingsford LSLR, WM Rep and Looping Dickinson 85 382 $ 12,560,000 $32,879.58 $ 1,992,000 $ - Overburdened
7883-01 City of Ithaca LSLR, WM Rep and Looping Gratiot 85 50 $ 2,245,000 $44,900.00 $ 104,000 $ 34,000 Overburdened
7833-01 Lansing BWL WTP, Wells, and MW Improvements Ingham 80 274,286 $ 23,235,000 $84.71 $ - $ - Overburdened
7790-01 City of Imlay City LSLR and WM Improvements Lapeer 80 3,703 $ 9,440,000 $2,549.28 $ 3,594,000 $ - Overburdened
Significantly
7896-01 City of Melvindale LSLR, WM Rep Upsizing and Looping Wayne 80 1,770 $ 7,335,000 $4,144.07 $ 2,640,000 $ 360,000 Overburdened
7894-01 City of Garden City LSLR, WM Rep and Upsizing Wayne 80 1,103 $ 6,135,000 $5,562.10 $ 360,000 $ 240,000 Overburdened
1 of 4
Page 239 of 272
September 26, 2024
Mr. Dan VanderHeide, P.E.
City of Muskegon
Department of Public Works
1350 Keating Avenue
Muskegon, MI 49442
Re: Proposal for Professional Engineering Services for Drinking State Water Revolving Fund
(DWSRF) 2025 Implementation for Lead Service Line Replacements
Dear Mr. VanderHeide:
We are submitting this proposal to provide professional engineering services to assist you with the
FY 2025 Lead Service Line replacement project. This project will be funded through the DWSRF
loan and grant you will be receiving through the Michigan Department of Environmental, Great
Lakes, and Energy (EGLE). The City will be receiving a total of $10,000,000 loan for lead service
line replacement, which includes approximately 20% principal forgiveness when combined with the
other projects under the FY 2025 DWSRF.
It is our understanding that the funding will be used to replace approximately 870 to 1,400
lead/galvanized water services. We have developed the following scope of services to assist you with
engineering design, bidding and construction phase services for this work. We assume that the
construction will be completed over a three-year period to provide optimal contractor availability,
flexibility and the best pricing opportunities. Our fee is based on 1,400 services being replaced.
Design Phase
Develop priority list for lead service line replacements in conjunction with City staff
Prepare maps showing replacement areas
Review locations in the field with City staff, if needed
Prepare/update project technical specifications including specific DWRF requirements
Prepare bidding and contract documents needed to meet City of Muskegon and
EGLE/DWRF requirements
Complete environmental and SHPO review as required by EGLE
Review draft documents with EGLE staff and prepare final documents based on comments
from EGLE
Assist City with communication with residents
Assist City with Part I, II and III DWRF Application forms
Bidding Assistance
Assist with advertising project to potential bidders
Answer questions during bidding and issue addenda if needed
Attend pre-bid meeting and prepare minutes
Review and tabulate bids
4910 Stariha Drive Muskegon, MI 49441 t. 231-798-0101 f. 231-798-0337 www.preinnewhof.com
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Mr. Dan VanderHeide, P.E.
September 26, 2024
Page 2
Review contractor references, if needed
Provide Notice of Award documentation to City and EGLE for project award
Assist with finalizing and distributing signed contracts
Prepare Notice to Proceed
Construction Phase
Schedule and attend preconstruction meeting and prepare minutes
Track and review submittals
Assist with resident communications
Provide construction observation services – We have assumed up to 1750 hours of field
observation, 25 hours per week over 70 weeks.
Schedule and attend periodic progress meetings (up to 3 per year) and prepare minutes for
each
Project administration - Respond to RFIs, prepare payment applications and change orders –
assumes 5 hours per week during the construction period noted above
Assist with DWRF administration submittals
Prepare punch lists and close out documents
Complete service record drawings and update City GIS and LSL inventory following
completion of project.
Fee
Based on the scope of work and assumptions described above, we propose to complete the work for a not
to exceed cost of $461,400. Our hourly rates are adjusted each January. We propose to work on a time
and expense basis. If the contractor does work in a shorter time than assumed, then our assumed hours
will be less. Once the construction contracts are awarded and a construction schedule is provided, we will
review the hours allocated for the construction phase services with you to determine whether adjustments
need to be made.
If this proposal is acceptable to you, please sign and return the enclosed Professional Services
Agreement. We look forward to working with you and your staff on this project. Should you have
any questions, please contact us.
Sincerely,
Prein&Newhof
Barbara E. Marczak, P.E. Jason M. Washler, P.E.
Enclosures: Estimated work effort/fee
Professional Services Agreement
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Project No.
Professional Services Agreement
This Professional Services Agreement is made this 8th day of October, 2024 (“Agreement”) by
and between Prein & Newhof, Inc. (“P&N”), of 3355 Evergreen Drive, NE, Grand Rapids, MI
49525, and City of Muskegon (“Client”), of 933 Terrace Street, Muskegon, MI 49443.
WHEREAS Client intends to:
Implement Lead Service Line Replacement under the FY25 Drinking Water Revolving Loan
Fund. Approximately 870.
NOW THEREFORE, for and in consideration of the terms and conditions contained herein, the
parties agree as follows:
ARTICLE 1 – DESIGNATED REPRESENTATIVES
Client and P&N each designate the following individuals as their representatives with respect to
the Project.
For Client For P&N
Name: Dan Vander Heide, P.E. Name: Barbara Marczak, P.E.
Title: Director of Public Works Title: Team Leader
Phone Number: 231-724-4100 Phone Number: 231-798-0101
Facsimile Number: 231-722-4188 Facsimile Number: 231-798-0337
E-Mail Address: dan.vanderheide@shorelinecity.com E-Mail Address: bmarczak@preinnewhof.com
ARTICLE 2 – GENERAL CONDITIONS
This Agreement consists of this Professional Services Agreement and the following documents
which by this reference are incorporated into and made a part of this Agreement.
☐ P&N Standard Terms and Conditions for Professional Services
☒ P&N Proposal dated September 26, 2024
☒ P&N Standard Rate Schedule
☐ P&N Supplemental Terms and Conditions
☒ Other: P&N Modified Standard Terms and Conditions for Professional Services (Limitation
of Liability)
ARTICLE 3 – ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT:
3355 Evergreen Drive, NE Grand Rapids, MI 49525 t.616-364-8491 f. 616-364-6955 www.preinnewhof.com
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Page 242 of 272
Client hereby requests, and P&N hereby agrees to provide, the following services:
☒ P&N Scope of Services per Proposal dated September 26, 2024
☐ Scope of Services defined as follows:
NA
ARTICLE 4 – COMPENSATION:
☐ Lump Sum for Services Described in Article 3 above - $.
Additional services to be billed per P&N’s Standard Rate Schedule in effect on the date
the additional service are performed.
☐ Hourly Billing Rates plus Reimbursable Expenses per P&N’s Standard Rate Schedule in effect
on the date services are performed.
☒ Other: Hourly rates and expenses as described in the September 26, 2024 proposal.
Maximum not to exceed $464,400 without City of Muskegon authorization.
ARTICLE 5 – ADDITIONAL TERMS (If any)
None
This Agreement constitutes the entire Agreement between P&N and Client and supersedes all prior
written or oral understandings. This Agreement may not be altered, modified or amended, except
in writing properly executed by authorized representatives of P&N and Client.
Accepted for: Accepted for:
Prein&Newhof, Inc. Digitally signed by Jason Washler
City of Muskegon
DN: C=US,
E=jwashler@preinnewhof.com,
Jason Washler OU=Prein&Newhof, CN=Jason
By: Washler
Date: 2024.09.27 10:07:15-04'00' By:
Printed Name: Jason Washler, P.E. Printed Name: Dan Vander Heide, P.E.
Title: Vice President Title: Director of Public Works
Date: Date:
Page 2 of 2
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Page 243 of 272
Professional Hours Worksheet
City of Muskegon DWRF - FY 25 Lead Service
Line Replacements
Staff Member Sen. PM II PM Sen Eng II Sen Eng CADD/GIS Tech IV Office Tech Expense Mileage Total Cost
Eng II
Design
Kick-off Meeting 3 3 3 20 $1,500
Environmental Review 10 10 Rare Species and SHPO $5,000 $8,400
Water Service Research 5 20 10 10 $6,700
Lead Service Line Priority List 2 20 40 20 10 5 $14,400
Lead Service Specifications 4 5 10 $2,900
Review Meeting (1) 2 2 4 20 $1,300
Bidding Documents 5 2 10 10 Prints $500 $4,700
Cost Estimates 1 5 5 20 $4,500
QA/QC 2 2 $700
Part I, II, and III DWRF Applications 30 4 $6,500
Design Subtotals 49 48 92 80 0 20 0 5 $5,500 40 $51,600
Bid, Award, and Contract Phase
Advertise and Issue Bid Package 2 1 $400
Prebid Meeting/Minutes/Bidder Questions 2 2 5 $1,500
Addenda 1 4 1 $900
Attend Bid Opening 2 2 20 $700
Review Bids/Recommend Award 2 2 4 2 $1,500
Notice to Proceed / Contract Documents 2 2 Prints $300 $800
Bid, Award, and Contract Phase Subtotals 6 9 15 0 0 0 0 6 $300 20 $5,800
Construction Engineering Services
Preconstruction Meetings and Minutes 2 4 4 60 $1,700
Track and Review Submittals 10 20 $4,500
LSL Observation Year (44 weeks @ 25 hr/week) 1750 Prints/Misc $700 3,000 $202,400
Project Administration/DWRF Assistance (30 months) 60 160 200 $66,500
Respond to RFIs 20 20 $6,100
Change Orders (4) 16 60 $11,200
Pay Apps (10) 20 40 $9,000
Progress Meetings/Minutes (assume 10) 10 20 40 50 $11,000
Punch List Visits/Follow up (5) 6 20 20 100 $6,200
Record Plans/GIS update/Closeout 2 30 50 10 80 40 $30,400
Rate Adjustment over 3 years $55,000
Construction Engineering Subtotals 74 286 50 0 414 80 1810 0 $700 3,210 $404,000
Project Grand Total 129 343 157 80 414 100 1,810 11 0 6,500 3,270 $461,400
Page 1 of 1
Page 244 of 272
MODIFIED 8/16/22
Standard Terms & Conditions
A. General - As used in this Prein&Newhof Standard Terms and Conditions for Professional Services (hereinafter “Terms and
Conditions”), unless the context otherwise indicates: the term “Agreement” means the Professional Services Agreement
inclusive of all documents incorporated by reference including but not limited to this P&N Standard Terms and Conditions
for Professional Services; the term “Engineer” refers to Prein & Newhof, Inc.; and the term “Client” refers to the other party
to the Professional Services Agreement.
These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of
the State of Michigan.
B. Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under
the Agreement will be the care and skill ordinarily used by members of Engineer’s profession of ordinary learning, judgment
or skill practicing under the same or similar circumstances in the same or similar community, at the time the services are
provided.
C. Disclaimer of Warranties - Engineer makes no warranties, expressed or implied, under the Agreement or otherwise.
D. Construction/Field Observation - If Client elects to have Engineer provide construction/field observation, client
understands that construction/field observation is conducted to reduce, not eliminate the risk of problems arising during
construction, and that provision of the service does not create a warranty or guarantee of any type. In all cases, the
contractors, subcontractors, and/or any other persons performing any of the construction work, shall retain responsibility for
the quality and completeness of the construction work and for adhering to the plans, specifications and other contract
documents.
E. Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for
construction means, methods, techniques, sequences, or procedures, or for any safety precautions and programs in
connection with the construction work, for the acts or omissions of the Contractor, Subcontractors, or any other persons
performing any of the construction work, or for the failure of any of them to carry out the construction work in accordance
with the plans, specifications or other contract documents.
F. Opinions of Probable Costs - Client acknowledges that Engineer has no control over market or contracting conditions and
that Engineer’s opinions of costs are based on experience, judgment, and information available at a specific period of time.
Client agrees that Engineer makes no guarantees or warranties, express or implied, that costs will not vary from such
opinions.
G. Client Responsibilities
1. Client shall provide all criteria, Client Standards, and full information as to the requirements necessary for Engineer to
provide the professional services. Client shall designate in writing a person with authority to act on Client’s behalf on all
matters related to the Engineer’s services. Client shall assume all responsibility for interpretation of contract documents
and construction observation/field observation during times when Engineer has not been contracted to provide such
services and shall waive any and all claims against Engineer that may be connected thereto.
2. In the event the project site is not owned by the Client, the Client must obtain all necessary permission for Engineer to
enter and conduct investigations on the project site. It is assumed that the Client possesses all necessary permits and
licenses required for conducting the scope of services. Access negotiations may be performed at additional costs.
Engineer will take reasonable precaution to minimize damage to land and structures with field equipment. Client
assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to
Engineer’s performance of services.
3. The Client, on behalf of all owners of the subject project site, hereby grants permission to the Engineer to utilize a small
unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition. The Client is responsible to provide
required notifications to the property owners of the subject project site and affected properties where the sUAS services
will be performed. The Engineer will operate the sUAS in accordance with applicable State and Federal Laws.
H. Hazardous or Contaminated Materials/Conditions
1. Client will advise Engineer, in writing and prior to the commencement of its services, of all known or suspected
Hazardous or Contaminated Materials/Conditions present at the site.
2. Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated
Materials/Conditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate
its services. Engineer and Client also agree that the discovery of said Materials/Conditions may make it necessary for
Engineer to take immediate measures to protect health, safety, and welfare of those performing Engineer’s services.
Client agrees to compensate Engineer for any costs incident to the discovery of said Materials/Conditions.
3. Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site. Similarly, a site
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which is in fact unaffected by contaminants at the time of Engineer’s surface or subsurface exploration may later, due to
natural phenomena or human intervention, become contaminated. The Client waives any claim against Engineer, and
agrees to defend, indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that
Engineer does not detect the presence of contaminants through techniques commonly employed.
4. The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the
laws pertaining to environmental issues, Engineer cannot offer legal advice to the Client. Engineer urges that the Client
seek legal assistance from a qualified attorney when such assistance is required. Furthermore, the Client is cautioned to
not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal
representation of environmental law or practice.
5. Unless otherwise agreed to in writing, the scope of services does not include the analysis, characterization or disposal of
wastes generated during investigation procedures. Should such wastes be generated during this investigation, the Client
will contract directly with a qualified waste hauler and disposal facility.
I. Underground Utilities – To the extent that the Engineer, in performing its services, may impact underground utilities,
Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the
services for which Engineer has been contracted, including contacting the appropriate underground utility locating entities
and reviewing utility drawings provided by others. Engineer will take reasonable precautions to avoid damage or injury to
underground utilities and other underground structures. Client agrees to hold Engineer harmless for any damages to below
ground utilities and structures not brought to Engineers attention and/or accurately shown or described on documents
provided to Engineer.
J. Insurance
1. Engineer will maintain insurance for professional liability, general liability, worker’s compensation, auto liability, and
property damage in the amounts deemed appropriate by Engineer. Client will maintain insurance for general liability,
worker’s compensation, auto liability, and property damage in the amounts deemed appropriate by Client. Upon request,
Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages.
2. Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as
specified in project contract documents. Client shall cause Engineer, Engineer’s consultants, employees, and agents to be
listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer
provides services. Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect
that, in the event of payment of any loss or damages, subrogation rights under these Terms and Conditions are hereby
waived by the insurer with respect to claims against Engineer.
K. Limitation of Liability - The total liability, in the aggregate, of Engineer and Engineer’s officers, directors, partners,
employees, agents, and consultants, whether jointly, severally or individually, to Client and anyone claiming by, through, or
under Client, for any and all injuries, losses, damages and expenses, whatsoever, arising out of, resulting from, or in any
way related to the Project or the Agreement, including but not limited to the performance of services under the Agreement,
from any cause or causes whatsoever, including but not limited to the negligence, professional errors or omissions, strict
liability or breach of contract or warranty, expressed or implied, of Engineer or Engineer’s officers, directors, partners,
employees, agents, consultants, or any of them, shall not exceed the amount of the compensation paid to Engineer under this
Agreement, or the sum of fifty thousand dollars and no cents ($50,000.00), whichever is less. Recoverable damages shall be
limited to those that are direct damages. Engineer shall not be responsible for or held liable for special, indirect or
consequential losses or damages, including but not limited to loss of use of equipment or facility, and loss of profits or
revenue.
Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or
omission of any director, officer, or employee of Engineer, in the execution or performance of the Agreement, shall be made
against Engineer and not against such director, officer, or employee.
L. Documents and Data
1. All documents prepared or furnished by Engineer under the Agreement are Engineer’s instruments of service, and are
and shall remain the property of Engineer.
2. Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format. Client
recognizes that data provided in electronic format can be corrupted or modified by the Client or others, unintentionally or
otherwise. Consequently, the use of any data, conclusions or information obtained or derived from electronic media
provided by Engineer will be at the Client’s sole risk and without any liability, risk or legal exposure to Engineer, its
employees, officers or consultants.
3. Any extrapolations, conclusions or assumptions derived by the Client or others from the data provided to the Client,
either in hard copy or electronic format, will be at the Client’s sole risk and full legal responsibility.
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M. Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test
locations used by Engineer as the basis of its design. Consequently, Engineer does not guarantee or warrant that actual site
conditions will not vary from those used as the basis of Engineer’s design, interpretations and recommendations. Engineer is
not responsible for any costs or delays attributable to differing site conditions. .
N. Terms of Payment - Unless alternate terms are included in the Agreement, Client will be invoiced on a monthly basis until
the completion of the Project. All monthly invoices are payable within 30 days of the date of the invoice. Should full
payment of any invoice not be received within 30 days, the amount due shall bear a service charge of 1.5 percent per month
or 18 percent per year plus the cost of collection, including reasonable attorney’s fees. If Client has any objections to any
invoice submitted by Engineer, Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice.
Unless otherwise agreed, Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of
service performance. Outside costs such as, but not limited to, equipment, meals, lodging, fees, and subconsultants shall be
actual costs plus 10 percent. In addition to any other remedies Engineer may have, Engineer shall have the absolute right to
cease performing any services in the event payment has not been made on a current basis.
O. Termination - Either party may terminate services, either in part or in whole, by providing 10 calendar days written notice
thereof to the other party. In such an event, Client shall pay Engineer for all services performed prior to receipt of such
notice of termination, including reimbursable expenses, and for any shut–down costs incurred. Shut–down costs may, at
Engineer’s discretion, include expenses incurred for completion of analysis and records necessary to document Engineer’s
files and to protect its professional reputation.
P. Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under
any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon
Client and P&N, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a
valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Non-
enforcement of any provision by either party shall not constitute a waiver of that provision, nor shall it affect the
enforceability of that provision or of the remainder of the Agreement.
Q. Dispute Resolution - If a dispute arises between the parties relating to the Agreement, the parties agree to use the following
procedure prior to either party pursuing other available remedies:
1. Prior to commencing a lawsuit, the parties must attempt mediation to resolve any dispute. The parties will jointly appoint
a mutually acceptable person not affiliated with either of the parties to act as mediator. If the parties are unable to agree
on the mediator within twenty (20) calendar days, they shall seek assistance in such regard from the Circuit Court of the
State and County wherein the Project is located, who shall appoint a mediator. Each party shall be responsible for paying
all costs and expenses incurred by it, but shall split equally the fees and expenses of the mediator. The mediation shall
proceed in accordance with the procedures established by the mediator.
2. The parties shall pursue mediation in good faith and in a timely manner. In the event the mediation does not result in
resolution of the dispute within thirty (30) calendar days, then, upon seven (7) calendar days’ written notice to the other
party, either party may pursue any other available remedy.
3. In the event of any litigation arising from the Agreement, including without limitation any action to enforce or interpret
any terms or conditions or performance of services under the Agreement, Engineer and Client agree that such action will
be brought in the District or Circuit Court for the County of Kent, State of Michigan (or, if the federal courts have
exclusive jurisdiction over the subject matter of the dispute, in the U.S. District Court for the Western District of
Michigan), and the parties hereby submit to the exclusive jurisdiction of said court.
R. Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called
for under the Agreement resulting from any cause beyond Engineer’s reasonable control.
S. Assignment - Neither party shall assign its rights, interests or obligations under this Agreement without the express written
consent of the other party.
T. Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is
sought to be enforced.
U. Survival - All express representations, indemnifications, or limitations of liability included in the Agreement shall survive
its completion or termination for any reason.
V. Third-Party Beneficiary - Client and Engineer agree that it is not intended that any provision of this Agreement establishes
a third-party beneficiary giving or allowing any claim or right of action whatsoever by a third party.
W. Fee Escalation - Proposed fees include a three percent (3%) per year cost of living adjustment. Should CPI increase by
more than 3% in a year, Engineer reserves the right to adjust fees at the beginning of the following year by the amount of
the prior year CPI increase.
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September 26, 2024
Mr. Dan VanderHeide, P.E.
City of Muskegon
Department of Public Works
1350 Keating Avenue
Muskegon, MI 49442
Re: Proposal for Professional Engineering Services for FY 25 DWRF Implementation
Dear Mr. VanderHeide:
We appreciate this opportunity to provide a proposal for professional engineering services to assist
you with your DWRF projects for Fiscal Year 2025. This is a continuation of services for projects
outlined in your 2024 Project Plan Amendment for Water system improvements.
The specific projects covered under this proposal include the following:
Yuba – Loop between Yuba and Wood
Wildwood Ln Ct – Loop between Wildwood Ln Ct and Dowd
Catherine Avenue – Irwin Ave. to Wood St.
Marshall Elevated Storage Tank – Wet Interior Recoating
A separate proposal is being provided for the water service replacement project. This will allow you
to track the costs separately. The above projects and the Lead Service Line Replacements represent a
total of $13,985,000, which is what the City of Muskegon applied for through the program.
Approximately $10,700,00 of this is for Lead Service Line Replacements. The City will also be
receiving $2,797,000 in principal forgiveness related to the water service replacement portion of the
projects. The total estimated project cost is $15,591,000, which includes ineligible costs associated
with sanitary sewer and road replacement on Catherine Avenue.
We have reviewed the projects and have developed the following scope of services based on the
project descriptions in the DWRF Project Plan. We assume that the City will follow the 4 th quarter
funding schedule, which requires project documents to be completed and ready for bidding by spring
2025. Construction will occur through the 2026 construction season.
Preliminary Design
Gather and review record plans, private utility information and any available records
pertinent to the proposed project areas;
Complete topographic survey of all projects;
Complete approximately one soil boring per 500 feet of project length;
Complete environmental and historical (SHPO) reviews;
Design and Bidding Phase
Complete design of proposed sanitary sewer, water main, service laterals, water services and
road reconstruction as detailed in the DWRF Project Plans;
4910 Stariha Drive Muskegon, MI 49441 t. 231-798-0101 f. 231-798-0337 www.preinnewhof.com
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Mr. Dan VanderHeide
September 26, 2023
Page 2
Assist City in tracking and developing easement documents for replacement of water services
on private property;
Attend three design review meetings;
Prepare and submit permit applications (City to pay any permit fees);
Prepare opinion of probable cost based on final design;
Prepare Alternative Justifiable Expense (AJE);
Prepare project specifications including specific DWRF requirements;
Assist City with preparing bidding packages (assumes 3 contracts) and contract documents;
Assist City with advertising for bids, provide responses to questions, prepare addenda;
Attend pre-bid meeting and prepare minutes;
Review bids, prepare bid tabulations, and provide recommendations;
Assist City with Parts I, II, and III DWRF forms and administration;
Prepare Notice of Award and Notice to Proceed; and
Assist City with preparing final contracts for signing by Contractor
Construction Phase
Schedule and attend preconstruction meetings and prepare minutes;
Track and review shop drawings;
Provide construction staking;
Provide testing (soil density, gravel, asphalt, and concrete, etc.);
Provide construction observation for all utility work of the Yuba St. and Wildwood Ln Ct
Loop assuming a combined contract and 4 weeks of construction, (160 hours);
Provide construction observation for all utility work and reconstruction of Catherine Avenue
assuming 21 weeks of construction, this will require two Construction Observers at certain
times (1,385 hours);
Provide construction observation for the work at the Marshall Tank, services will be
performed by Dixon;
Schedule and attend monthly progress meetings for each contract as needed, and prepare
minutes for each;
Respond to RFIs, prepare payment applications and change orders;
Assist with DWRF administration;
Prepare punch lists and close out documents; and
Complete record plans and property iron replacement following completion.
Fee
Based on the scope of work described above, we propose to complete the work for a not to exceed cost of
$652,200. Our estimated time/work level of effort is attached. Our hourly rates are adjusted each
January. Given the current labor and inflation climate, we have included an increase of 5% in hourly
rates in 2025 and 2026.
Please note that there are still some uncertainties in the projects that may not have been accounted for.
Once the construction contracts are awarded and construction schedules are provided, we will review the
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Mr. Dan VanderHeide
September 26, 2023
Page 3
hours allocated for the construction phase services with you to determine whether adjustments need to be
made.
If this proposal is acceptable to you, please sign and return the enclosed Professional Services
Agreement. We look forward to working with you and your staff on this project. Should you have
any questions, please contact us.
Sincerely,
Prein&Newhof
Barbara E. Marczak, P.E. Jason Washler, P.E.
Enclosures: Estimated work effort/fee
Professional Services Agreement
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Project No.
Professional Services Agreement
This Professional Services Agreement is made this 8th day of October, 2024 (“Agreement”) by
and between Prein & Newhof, Inc. (“P&N”), of 3355 Evergreen Drive, NE, Grand Rapids, MI
49525, and City of Muskegon (“Client”), of 933 Terrace Street, Muskegon, MI 49443.
WHEREAS Client intends to:
Implement FY 2025 projects defined in the City of Muskegon’s FY 2024 Amended DWRF
Project Plan including Catherine (Irwin to Wood), Yuba Street Loop, Wildwood Ln Ct Loop,
and Marshall Tank wet interior recoating.
NOW THEREFORE, for and in consideration of the terms and conditions contained herein, the
parties agree as follows:
ARTICLE 1 – DESIGNATED REPRESENTATIVES
Client and P&N each designate the following individuals as their representatives with respect to
the Project.
For Client For P&N
Name: Dan Vander Heide, P.E. Name: Barbara Marczak, P.E.
Title: Director of Public Works Title: Team Leader
Phone Number: 231-724-4100 Phone Number: 231-798-0101
Facsimile Number: 231-722-4188 Facsimile Number: 231-798-0337
E-Mail Address: dan.vanderheide@shorelinecity.com E-Mail Address: bmarczak@preinnewhof.com
ARTICLE 2 – GENERAL CONDITIONS
This Agreement consists of this Professional Services Agreement and the following documents
which by this reference are incorporated into and made a part of this Agreement.
☐ P&N Standard Terms and Conditions for Professional Services
☒ P&N Proposal dated September 26, 2024
☒ P&N Standard Rate Schedule
☐ P&N Supplemental Terms and Conditions
☒ Other: P&N Modified Standard Terms and Conditions for Professional Services (Limitation
of Liability)
3355 Evergreen Drive, NE Grand Rapids, MI 49525 t.616-364-8491 f. 616-364-6955 www.preinnewhof.com
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ARTICLE 3 – ENGINEERING SERVICES PROVIDED UNDER THIS AGREEMENT:
Client hereby requests, and P&N hereby agrees to provide, the following services:
☒ P&N Scope of Services per Proposal dated September 26, 2024
☐ Scope of Services defined as follows:
NA
ARTICLE 4 – COMPENSATION:
☐ Lump Sum for Services Described in Article 3 above - $.
Additional services to be billed per P&N’s Standard Rate Schedule in effect on the date
the additional service are performed.
☐ Hourly Billing Rates plus Reimbursable Expenses per P&N’s Standard Rate Schedule in effect
on the date services are performed.
☒ Other: Hourly rates and expenses as described in the September 26, 2024 proposal.
Maximum not to exceed $652,200 without City of Muskegon authorization.
ARTICLE 5 – ADDITIONAL TERMS (If any)
None
This Agreement constitutes the entire Agreement between P&N and Client and supersedes all prior
written or oral understandings. This Agreement may not be altered, modified or amended, except
in writing properly executed by authorized representatives of P&N and Client.
Accepted for: Accepted for:
Prein&Newhof, Inc. City of Muskegon
Digitally signed by Jason Washler
DN: C=US,
Jason Washler E=jwashler@preinnewhof.com,
By: OU=Prein&Newhof, CN=Jason Washler
Date: 2024.09.27 10:06:27-04'00' By:
Printed Name: Jason Washler, P.E. Printed Name: Dan Vander Heide, P.E.
Title: Vice President Title: Director of Public Works
Date: Date:
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Professional Hours Worksheet
City of Muskegon - DWRF 2025
Staff Member Sen. PM II Sen. PM II Sen. PM PM Sen Eng II Eng. Sen Tech V Tech IV Tech III Sen Eng Geotech Geotech PM Survey Office Tech Expense Mileage Total Cost
Preliminary Design
Kickoff Meeting 4 4 6 35 $2,200
Preliminary Engineering 4 15 35 $7,600
Environmental Clearances 1 10 10 Fee $500.00 $3,600
SHPO 8 Orbis $8,000 $10,100
Soil Borings (Yuba) 1 1 6 $1,875 $3,400
Soil Borings (Wildwood Ct) 1 1 6 $1,875 $3,400
Soil Borings (Catherine) 1 1 6 $4,750 $6,600
Topo Survey (Yuba) 1 25 $4,800
Topo Survey (Wildwood Ct) 1 25 $4,800
Topo Survey (Catherine) 1 100 $18,600
Financing 40 20 $11,000
QA/QC 4 4 2 2 $2,100
Review Meeting 4 4 4 $500.00 35 $2,500
Preliminary Subtotals 57 3 4 69 2 55 0 0 0 0 0 18 150 0 $17,500 70 $80,700
Design Yuba w/ Wildwood
Yuba Design 4 4 10 22 $6,300
Yuba Staging, Phasing Design 1 1 $300
SESC Permit Application 1 1 1 Printing $600 $1,000
EGLE Water Permit Application 1 2 1 $500
Specifications for Yuba 2 7 2 15 $1,400
Meeting w/ Client (1) 2 1 35 $600
Cost Estimate 1 2 4 $1,000
QA/QC 4 4 2 4 2 $2,800
2024 Rates Adjustment $700
Design Wildwood Ct w/ Yuba
Easement 1 10 $1,800
Wildwood Design 4 4 10 22 $6,300
Wildwood Staging, Phasing Design 1 1 $300
SESC Permit Application 1 1 1 Printing $600 $1,000
EGLE Water Permit Application 1 2 1 $500
Specifications for Wildwood 2 8 2 15 $1,500
Meeting w/ Client (1) 2 1 35 $600
Cost Estimate 1 2 4 $1,000
QA/QC 10 5 2 4 2 $4,100
2024 Rate Adjustment $900
Design Catherine Separate Contract
Easements water services 1 5 $800
Catherine Design 4 40 5 140 368 $85,800
Catherin Staging, Phasing, MOT Design 5 2 $1,100
SESC Permit Application 1 2 4 Printing $600 $1,400
EGLE Water Permit Application 1 2 10 $1,300
EGLE Sanitary Permit Application 1 2 10 $1,300
Specifications for Catherine 10 20 20 $5,900
Meeting w/ Client (1) 2 2 2 35 $1,000
Cost Estimate 1 5 15 $2,900
QA/QC 20 5 10 5 4 4 5 $9,000
2024 Rate Adjustment $5,500
Design Marshall Tank
Specifications and contract documents 4 10 5 2 Dixon $7,050 15 $11,000
Meeting w/ Client (1) 3 1 15 $800
EGLE Water Permit Application 1 2 $400
Cost Estimate 2 3 2 Printing $600 $1,800
QA/QC 4 8 2 4 2 $3,500
2024 Rates Adjustment $900
Design Subtotals 55 14 0 105 10 245 434 9 0 0 0 0 0 52 $1,800 135 $167,000
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Professional Hours Worksheet
City of Muskegon - DWRF 2025
Staff Member Sen. PM II Sen. PM II Sen. PM PM Sen Eng II Eng. Sen Tech V Tech IV Tech III Sen Eng Geotech Geotech PM Survey Office Tech Expense Mileage Total Cost
Bid, Award, and Contract Phase
Advertise and Issue Bid Package 5 2 4 15 30 $6,400
Bidder Questions 5 30 5 $6,600
Pre-bid Meeting 8 10 20 $3,200
Addenda 20 2 15 5 $5,900
Attend Bid 2 20 $300
Review Bids/Recommend Award 4 15 5 15 8 $6,600
Prepare Contracts-DWRF admin. 40 1 10 15 Printing $2,000.00 $12,700
2024 Rates Inflation $2,100
Bid, Award, and Contract Phase Subtotals 52 0 10 80 16 55 0 0 0 0 0 0 0 58 $2,000 40 $43,800
Construction Engineering Services
Yuba w/ Wildwood
Preconstruction Meeting and Minutes 2 2 3 20 $1,200
Preconstruction Video 2 20 $200
Construction Staking Yuba 1 10 $2,000
Construction Staking Wildwood 1 10 $2,000
Yuba CO (2 weeks, 10 days) 1 80 100 $10,200
Wildwood CO (2 weeks, 10 days) 1 80 100 $10,200
Project Administration 8 8 $2,500
Respond to RFIs 1 2 $500
Change Orders (1) 1 2 $500
Pay Apps (2) 1 8 $1,400
Progress Meetings (none) $0
Punch List Visits (1) 1 2 30 $500
Record Plans/Closeout 1 5 8 $2,200
Iron Replacement (Included in survey) $0
2025 Rate Adjustment $3,400
Catherine
Preconstruction Meeting and Minutes 2 2 6 20 $1,500
Preconstruction Video (2 hours ) 2 70 $300
Construction Staking Catherine 180 $33,100
Catherine CO (21 weeks, 115 days) 21 120 1265 Misc. Test. $10,000 960 $160,000
Project Administration 5 42 84 $18,300
Respond to RFIs 4 10 $1,900
Change Orders (3) 3 6 $1,200
Pay Apps (7) 7 21 $3,800
Progress Meetings (every two weeks) 11 11 100 $3,200
Punch List Visits (3) 6 6 10 72 $2,800
Record Plans/Closeout 5 10 56 20 $13,300
Iron Replacement (Included in survey) $0
2025 Rate Adjustment $24,500
Marshall Tank
Preconstruction Meeting and Minutes 2 2 3 20 $1,100
Construction Observation 5 5 Dixon $41,450.00 20 $47,000
Project Administration 10 5 5 $3,400
Respond to RFIs 1 2 $400
Change Orders (2) 2 2 $600
Pay Apps (2) 2 2 $600
Progress Meetings (1) 2 2 30 $600
Punch List Visits (1) 1 2 30 $400
Record Plans/Closeout 1 1 $300
2025 Rate Adjustment $5,600
Construction Engineering Subtotals 9 0 0 99 30 335 64 120 1299 0 0 0 200 0 $0 270 $360,700
Project Grand Total 121 17 14 353 58 690 498 129 1,299 0 0 18 350 110 $21,300 515 $652,200
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MODIFIED 8/16/22
Standard Terms & Conditions
A. General - As used in this Prein&Newhof Standard Terms and Conditions for Professional Services (hereinafter “Terms and
Conditions”), unless the context otherwise indicates: the term “Agreement” means the Professional Services Agreement
inclusive of all documents incorporated by reference including but not limited to this P&N Standard Terms and Conditions
for Professional Services; the term “Engineer” refers to Prein & Newhof, Inc.; and the term “Client” refers to the other party
to the Professional Services Agreement.
These Terms and Conditions shall be governed in all respects by the laws of the United States of America and by the laws of
the State of Michigan.
B. Standard of Care - The standard of care for all professional and related services performed or furnished by Engineer under
the Agreement will be the care and skill ordinarily used by members of Engineer’s profession of ordinary learning, judgment
or skill practicing under the same or similar circumstances in the same or similar community, at the time the services are
provided.
C. Disclaimer of Warranties - Engineer makes no warranties, expressed or implied, under the Agreement or otherwise.
D. Construction/Field Observation - If Client elects to have Engineer provide construction/field observation, client
understands that construction/field observation is conducted to reduce, not eliminate the risk of problems arising during
construction, and that provision of the service does not create a warranty or guarantee of any type. In all cases, the
contractors, subcontractors, and/or any other persons performing any of the construction work, shall retain responsibility for
the quality and completeness of the construction work and for adhering to the plans, specifications and other contract
documents.
E. Construction Means and Methods - Engineer shall not have control or charge of and shall not be responsible for
construction means, methods, techniques, sequences, or procedures, or for any safety precautions and programs in
connection with the construction work, for the acts or omissions of the Contractor, Subcontractors, or any other persons
performing any of the construction work, or for the failure of any of them to carry out the construction work in accordance
with the plans, specifications or other contract documents.
F. Opinions of Probable Costs - Client acknowledges that Engineer has no control over market or contracting conditions and
that Engineer’s opinions of costs are based on experience, judgment, and information available at a specific period of time.
Client agrees that Engineer makes no guarantees or warranties, express or implied, that costs will not vary from such
opinions.
G. Client Responsibilities
1. Client shall provide all criteria, Client Standards, and full information as to the requirements necessary for Engineer to
provide the professional services. Client shall designate in writing a person with authority to act on Client’s behalf on all
matters related to the Engineer’s services. Client shall assume all responsibility for interpretation of contract documents
and construction observation/field observation during times when Engineer has not been contracted to provide such
services and shall waive any and all claims against Engineer that may be connected thereto.
2. In the event the project site is not owned by the Client, the Client must obtain all necessary permission for Engineer to
enter and conduct investigations on the project site. It is assumed that the Client possesses all necessary permits and
licenses required for conducting the scope of services. Access negotiations may be performed at additional costs.
Engineer will take reasonable precaution to minimize damage to land and structures with field equipment. Client
assumes responsibility for all costs associated with protection and restoration of project site to conditions existing prior to
Engineer’s performance of services.
3. The Client, on behalf of all owners of the subject project site, hereby grants permission to the Engineer to utilize a small
unmanned aerial system (sUAS) for purposes of aerial mapping data acquisition. The Client is responsible to provide
required notifications to the property owners of the subject project site and affected properties where the sUAS services
will be performed. The Engineer will operate the sUAS in accordance with applicable State and Federal Laws.
H. Hazardous or Contaminated Materials/Conditions
1. Client will advise Engineer, in writing and prior to the commencement of its services, of all known or suspected
Hazardous or Contaminated Materials/Conditions present at the site.
2. Engineer and Client agree that the discovery of unknown or unconfirmed Hazardous or Contaminated
Materials/Conditions constitutes a changed condition that may require Engineer to renegotiate the scope of or terminate
its services. Engineer and Client also agree that the discovery of said Materials/Conditions may make it necessary for
Engineer to take immediate measures to protect health, safety, and welfare of those performing Engineer’s services.
Client agrees to compensate Engineer for any costs incident to the discovery of said Materials/Conditions.
3. Client acknowledges that Engineer cannot guarantee that contaminants do not exist at a project site. Similarly, a site
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which is in fact unaffected by contaminants at the time of Engineer’s surface or subsurface exploration may later, due to
natural phenomena or human intervention, become contaminated. The Client waives any claim against Engineer, and
agrees to defend, indemnify and hold Engineer harmless from any claims or liability for injury or loss in the event that
Engineer does not detect the presence of contaminants through techniques commonly employed.
4. The Client recognizes that although Engineer is required by the nature of the services to have an understanding of the
laws pertaining to environmental issues, Engineer cannot offer legal advice to the Client. Engineer urges that the Client
seek legal assistance from a qualified attorney when such assistance is required. Furthermore, the Client is cautioned to
not construe or assume that any representations made by Engineer in written or conversational settings constitute a legal
representation of environmental law or practice.
5. Unless otherwise agreed to in writing, the scope of services does not include the analysis, characterization or disposal of
wastes generated during investigation procedures. Should such wastes be generated during this investigation, the Client
will contract directly with a qualified waste hauler and disposal facility.
I. Underground Utilities – To the extent that the Engineer, in performing its services, may impact underground utilities,
Engineer shall make a reasonable effort to contact the owners of identified underground utilities that may be affected by the
services for which Engineer has been contracted, including contacting the appropriate underground utility locating entities
and reviewing utility drawings provided by others. Engineer will take reasonable precautions to avoid damage or injury to
underground utilities and other underground structures. Client agrees to hold Engineer harmless for any damages to below
ground utilities and structures not brought to Engineers attention and/or accurately shown or described on documents
provided to Engineer.
J. Insurance
1. Engineer will maintain insurance for professional liability, general liability, worker’s compensation, auto liability, and
property damage in the amounts deemed appropriate by Engineer. Client will maintain insurance for general liability,
worker’s compensation, auto liability, and property damage in the amounts deemed appropriate by Client. Upon request,
Client and Engineer shall each deliver certificates of insurance to the other evidencing their coverages.
2. Client shall require Contractors to purchase and maintain commercial general liability insurance and other insurance as
specified in project contract documents. Client shall cause Engineer, Engineer’s consultants, employees, and agents to be
listed as additional insureds with respect to any Client or Contractor insurances related to projects for which Engineer
provides services. Client agrees and must have Contractors agree to have their insurers endorse these policies to reflect
that, in the event of payment of any loss or damages, subrogation rights under these Terms and Conditions are hereby
waived by the insurer with respect to claims against Engineer.
K. Limitation of Liability - The total liability, in the aggregate, of Engineer and Engineer’s officers, directors, partners,
employees, agents, and consultants, whether jointly, severally or individually, to Client and anyone claiming by, through, or
under Client, for any and all injuries, losses, damages and expenses, whatsoever, arising out of, resulting from, or in any
way related to the Project or the Agreement, including but not limited to the performance of services under the Agreement,
from any cause or causes whatsoever, including but not limited to the negligence, professional errors or omissions, strict
liability or breach of contract or warranty, expressed or implied, of Engineer or Engineer’s officers, directors, partners,
employees, agents, consultants, or any of them, shall not exceed the amount of the compensation paid to Engineer under this
Agreement, or the sum of fifty thousand dollars and no cents ($50,000.00), whichever is less. Recoverable damages shall be
limited to those that are direct damages. Engineer shall not be responsible for or held liable for special, indirect or
consequential losses or damages, including but not limited to loss of use of equipment or facility, and loss of profits or
revenue.
Client acknowledges that Engineer is a corporation and agrees that any claim made by Client arising out of any act or
omission of any director, officer, or employee of Engineer, in the execution or performance of the Agreement, shall be made
against Engineer and not against such director, officer, or employee.
L. Documents and Data
1. All documents prepared or furnished by Engineer under the Agreement are Engineer’s instruments of service, and are
and shall remain the property of Engineer.
2. Hard copies of any documents provided by Engineer shall control over documents furnished in electronic format. Client
recognizes that data provided in electronic format can be corrupted or modified by the Client or others, unintentionally or
otherwise. Consequently, the use of any data, conclusions or information obtained or derived from electronic media
provided by Engineer will be at the Client’s sole risk and without any liability, risk or legal exposure to Engineer, its
employees, officers or consultants.
3. Any extrapolations, conclusions or assumptions derived by the Client or others from the data provided to the Client,
either in hard copy or electronic format, will be at the Client’s sole risk and full legal responsibility.
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M. Differing Site Conditions - Client recognizes that actual site conditions may vary from the assumed site conditions or test
locations used by Engineer as the basis of its design. Consequently, Engineer does not guarantee or warrant that actual site
conditions will not vary from those used as the basis of Engineer’s design, interpretations and recommendations. Engineer is
not responsible for any costs or delays attributable to differing site conditions. .
N. Terms of Payment - Unless alternate terms are included in the Agreement, Client will be invoiced on a monthly basis until
the completion of the Project. All monthly invoices are payable within 30 days of the date of the invoice. Should full
payment of any invoice not be received within 30 days, the amount due shall bear a service charge of 1.5 percent per month
or 18 percent per year plus the cost of collection, including reasonable attorney’s fees. If Client has any objections to any
invoice submitted by Engineer, Client must so advise Engineer in writing within fourteen (14) days of receipt of the invoice.
Unless otherwise agreed, Engineer shall invoice Client based on hourly billing rates and direct costs current at the time of
service performance. Outside costs such as, but not limited to, equipment, meals, lodging, fees, and subconsultants shall be
actual costs plus 10 percent. In addition to any other remedies Engineer may have, Engineer shall have the absolute right to
cease performing any services in the event payment has not been made on a current basis.
O. Termination - Either party may terminate services, either in part or in whole, by providing 10 calendar days written notice
thereof to the other party. In such an event, Client shall pay Engineer for all services performed prior to receipt of such
notice of termination, including reimbursable expenses, and for any shut–down costs incurred. Shut–down costs may, at
Engineer’s discretion, include expenses incurred for completion of analysis and records necessary to document Engineer’s
files and to protect its professional reputation.
P. Severability and Waiver of Provisions - Any provision or part of the Agreement held to be void or unenforceable under
any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon
Client and P&N, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a
valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Non-
enforcement of any provision by either party shall not constitute a waiver of that provision, nor shall it affect the
enforceability of that provision or of the remainder of the Agreement.
Q. Dispute Resolution - If a dispute arises between the parties relating to the Agreement, the parties agree to use the following
procedure prior to either party pursuing other available remedies:
1. Prior to commencing a lawsuit, the parties must attempt mediation to resolve any dispute. The parties will jointly appoint
a mutually acceptable person not affiliated with either of the parties to act as mediator. If the parties are unable to agree
on the mediator within twenty (20) calendar days, they shall seek assistance in such regard from the Circuit Court of the
State and County wherein the Project is located, who shall appoint a mediator. Each party shall be responsible for paying
all costs and expenses incurred by it, but shall split equally the fees and expenses of the mediator. The mediation shall
proceed in accordance with the procedures established by the mediator.
2. The parties shall pursue mediation in good faith and in a timely manner. In the event the mediation does not result in
resolution of the dispute within thirty (30) calendar days, then, upon seven (7) calendar days’ written notice to the other
party, either party may pursue any other available remedy.
3. In the event of any litigation arising from the Agreement, including without limitation any action to enforce or interpret
any terms or conditions or performance of services under the Agreement, Engineer and Client agree that such action will
be brought in the District or Circuit Court for the County of Kent, State of Michigan (or, if the federal courts have
exclusive jurisdiction over the subject matter of the dispute, in the U.S. District Court for the Western District of
Michigan), and the parties hereby submit to the exclusive jurisdiction of said court.
R. Force Majeure - Engineer shall not be liable for any loss or damage due to failure or delay in rendering any services called
for under the Agreement resulting from any cause beyond Engineer’s reasonable control.
S. Assignment - Neither party shall assign its rights, interests or obligations under this Agreement without the express written
consent of the other party.
T. Modification - The Agreement may not be modified except in writing signed by the party against whom a modification is
sought to be enforced.
U. Survival - All express representations, indemnifications, or limitations of liability included in the Agreement shall survive
its completion or termination for any reason.
V. Third-Party Beneficiary - Client and Engineer agree that it is not intended that any provision of this Agreement establishes
a third-party beneficiary giving or allowing any claim or right of action whatsoever by a third party.
W. Fee Escalation - Proposed fees include a three percent (3%) per year cost of living adjustment. Should CPI increase by
more than 3% in a year, Engineer reserves the right to adjust fees at the beginning of the following year by the amount of
the prior year CPI increase.
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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 8, 2024 Title: Creation of a short-term rental ordinance
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
Staff-initiated request to amend Section 2314 of the zoning ordinance to create a short-term rental
ordinance.
Detailed Summary & Background:
The ordinance uses an overlay district approach, splitting the city up into 11 different zones. These
zones match the City of Muskegon census tracts. Census tract information was used to determine the
number of housing units in each zone. Each zone would be allowed up to 4% of the housing units as
short-term rentals. Areas within the Downtown Development Authority and Lakeside Business
Improvement District/Corridor Improvement Authority boundaries would be exempt from the cap on
the number of units. There would be no limit to the amount of short-term rentals in these areas.
Please see the enclosed Short-Term Renal Chart that depicts the number of units and short-term
rentals in each zone. At 4% of the units, Zone 1 would be over the limit by 39 short-term rentals. No
new short-term rentals would be allowed in Zone 1 until the number of short-term rentals dropped
below 34.
The Planning Commission held a public hearing on this request at a special meeting on Thursday,
September 26. The Planning Commission unanimously (5-0, with 4 members absent) voted to
recommend approval of the short-term rental ordinance, with the following conditions:
1. Amend Section 1(c) - exemptions - to also include the Lakeside Corridor Improvement Authority
along with the Lakeside Business Improvement District.
2. Remove Section 4 that would allow the transferring of licenses.
These conditions have been reflected in the attached ordinance. The redline version depicts the
changes that the Planning Commission have requested.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
N/A Yes No N/A X
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Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move to approve the request to amend Section 2314 of the zoning ordinance to create a short-
term rental ordinance as presented.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Information
Technology
Other Division Heads
Communication
Legal Review X
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Census Tract Housing STR’s Percentage of Number of Total STR’s Number of Total STR’s
Units Units Additional STR’s Allowed at Additional Allowed at
to get to 4% 4% STR’s to get 3%
to 3%
1 (Beachwood/Bluffton) 861 73 8.4% -39 34 -48 25
2 1724 61 3.5% 7 68 -10 51
(Lakeside/West Glenside)
3 1514 27 1.7% 33 60 18 45
(Nims)
4 1758 5 0.002% 65 70 47 52
(Campbell Field/East Glenside)
5 1992 5 0.002% 74 79 54 59
(Downtown/North Nelson/Jackson Hill)
6 643 0 0% 25 25 19 19
(South Nelson)
7 2023 4 0.002% 76 80 56 60
(Angell/Marsh Field)
8 1256 0 0% 50 50 37 37
(Angell)
9 2392 1 0.0004% 94 95 70 71
(Marquette/East of 31)
10 1939 1 0.0005% 76 77 57 58
(Oakview/Sheldon Park/Oakview)
11 346 0 0% 13 13 10 10
(East Muskegon)
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DRAFT
Short-Term Rental Zones
Page 261 of 272
Ordinance as recommended by Planning Commission:
Section 2314: Short-Term Rental Overlay District
A Short-Term Rental Overlay District is hereby created as outlined in Figure 23-3. Within
said overlay district, a certain number of short-term rentals are licensed in each zone pursuant
to City Code Sections 10-353 through 10-379. The zones were created using census tract
information and will be periodically reviewed to ensure that this ordinance reflects the
appropriate balance of short-term rentals among other use types.
1. Overlay District:
a. Location: See Figure 23-3 for the location of the overlay district, which is separated
into 11 different zones, each allowing their own maximum number of short-term
rentals.
b. Number of short-term rentals allowed per zone. A short-term rental must be located in
a unit designated for residential use. The number of short-term rentals allowed in each
zone is as follows:
Zone 1 – 34
Zone 2 – 68
Zone 3 – 60
Zone 4 – 70
Zone 5 – 79
Zone 6 – 25
Zone 7 – 80
Zone 8 – 50
Zone 9 – 95
Zone 10 – 77
Zone 11 – 13
c. Exemptions: Properties located within the Downtown Development Authority, and Lakeside
Business Improvement District, and Lakeside Corridor Improvement Authority boundaries
are exempt from this ordinance. There are no maximum number of short-term rentals allowed
within these areas.
2. Restrictions:
a. Neighboring properties: No parcel within the City shall have more than two short-
term rentals abut its property lines.
3. Issuance of licenses:
a. All short-term rentals must be issued a short-term rental license to operate within the
city.
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b. Upon adoption of this ordinance, all active short-term rental license holders in good
standing with the city will be allowed to continue to operate their short-term rental as
long as they continue to renew their short-term rental license.
c. Remining licenses. If any licenses are remaining in a zone, applications for short-term
rental licenses will be taken on a first come, first serve basis.
4. Transferring of licenses:
a. Any person purchasing a property that has an active short-term rental license will
have the opportunity to apply for that particular license. The new applicant will have
up to 30 days to apply with the Inspections Department for the short-term rental
license at that particular address.
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CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Section 2314 of the zoning ordinance to create a short-term rental ordinance.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Section 2314: Short-Term Rental Overlay District
A Short-Term Rental Overlay District is hereby created as outlined in Figure 23-3. Within said overlay
district, a certain number of short-term rentals are licensed in each zone pursuant to City Code Sections
10-353 through 10-379. The zones were created using census tract information and will be periodically
reviewed to ensure that this ordinance reflects the appropriate balance of short-term rentals among other
use types.
1. Overlay District:
a. Location: See Figure 23-3 for the location of the overlay district, which is separated into 11
different zones, each allowing their own maximum number of short-term rentals.
b. Number of short-term rentals allowed per zone. A short-term rental must be located in a unit
designated for residential use. The number of short-term rentals allowed in each zone is as
follows:
Zone 1 – 34
Zone 2 – 68
Zone 3 – 60
Zone 4 – 70
Zone 5 – 79
Zone 6 – 25
Zone 7 – 80
Zone 8 – 50
Zone 9 – 95
Zone 10 – 77
Zone 11 – 13
c. Exemptions: Properties located within the Downtown Development Authority, and Lakeside Business
Improvement District, and Lakeside Corridor Improvement Authority boundaries are exempt from this
ordinance. There are no maximum number of short-term rentals allowed within these areas.
2. Restrictions:
a. Neighboring properties: No parcel within the City shall have more than two short-term rentals
abut its property lines.
3. Issuance of licenses:
a. All short-term rentals must be issued a short-term rental license to operate within the city.
Page 264 of 272
b. Upon adoption of this ordinance, all active short-term rental license holders in good standing with
the city will be allowed to continue to operate their short-term rental as long as they continue to
renew their short-term rental license.
c. Remining licenses. If any licenses are remaining in a zone, applications for short-term rental
licenses will be taken on a first come, first serve basis.
4. Transferring of licenses:
a. Any person purchasing a property that has an active short-term rental license will have the
opportunity to apply for that particular license. The new applicant will have up to 30 days to apply with
the Inspections Department for the short-term rental license at that particular address.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
Page 265 of 272
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the 8th day of October 2024, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of
Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as
required thereby.
DATED: ___________________, 2024. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
Page 266 of 272
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on October 8, 2024, the City Commission of the City of Muskegon adopted an
ordinance to regulate short-term rentals.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk
in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2024. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Page 267 of 272
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: October 8, 2024 Title: Amendment to the zoning ordinance -
definition of short-term rental
Submitted by: Mike Franzak, Planning Director Department: Planning
Brief Summary:
A definition for short-term rental in the zoning ordinance is necessary for the creation of a short-term
rental ordinance.
Detailed Summary & Background:
Proposed definition:
Short-Term Rental - A property in which a tenant is allowed to lease the dwelling unit, without a host,
for periods of less than 28 days but more than 24 hours in return for remuneration. A rental in which
the host resides on premises shall not be considered a short-term rental, but shall still register with the
city.
The Planning Commission unanimously (5-0, with 4 members absent) voted to recommend approval
of the definition of short-term rental.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action Item:
2027 Goal 2: Economic Development Housing and Business
Amount Requested: Budgeted Item:
N/A Yes No N/A X
Fund(s) or Account(s): Budget Amendment Needed:
N/A Yes No N/A X
Recommended Motion:
I move to approve the request to amend Article II of the zoning ordinance to create a definition for
short term rental as proposed.
Approvals: Guest(s) Invited / Presenting:
Immediate Division X
Head No
Page 268 of 272
Information
Technology
Other Division Heads
Communication
Legal Review X
Page 269 of 272
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Article II (Definitions) of the zoning ordinance to create a definition for short-term
rental.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
Short-Term Rental: A property in which a tenant is allowed to lease the dwelling unit, without a host, for
periods of less than 28 days but more than 24 hours in return for remuneration. A rental in which the host
resides on premises shall not be considered a short-term renal, but shall still register with the city.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Meisch, MMC, City Clerk
Page 270 of 272
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the 8th day of October 2024, at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City
of Muskegon. I further certify that the meeting was conducted and public notice was given
pursuant to and in full compliance with the Michigan Zoning Enabling Act, Public Acts of
Michigan No. 33 of 2006, and that minutes were kept and will be or have been made available as
required thereby.
DATED: ___________________, 2024. __________________________________________
Ann Meisch, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
Page 271 of 272
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on October 8, 2024, the City Commission of the City of Muskegon adopted an
ordinance to create a zoning ordinance definition for short-term rental.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City Clerk
in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2024. CITY OF MUSKEGON
By _________________________________
Ann Meisch, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
Page 272 of 272
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