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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 13, 2023 Title: City/County Human
Resources Agreement
Submitted By: LeighAnn Mikesell Department: City Manager’s
Office
Brief Summary: Staff is seeking approval of an amendment to our contract with Muskegon County
for Human Resources services.
Detailed Summary & Background: Staff has become aware that there is a greater need for the
administration of human resources services to ensure efficient operations. This contract
amendment includes a County HR employee working full time at city offices as well as options to
update and streamline some of our HR processes. Our goal is for all staff to become familiar with
the onsite resource and direct more interaction with that staff member to better access the services
provided by the county while reducing the need for the city’s counsel to be involved in more routine
HR situations.
Goal/Focus Area/Action Item Addressed: Enhanced internal and community communication
Amount Requested: $145,000 Amount Budgeted: $145,000 in FY 23/24
Fund(s) or Account(s): 101-269 Fund(s) or Account(s): 101-269
Recommended Motion: to approve the amendment to the contract with Muskegon County for
Human Resources services and authorize the mayor and clerk to sign.
Approvals: Guest(s) Invited / Presenting
Immediate Division Head [] Information Technology L]
Other Division Heads [.] Communication | Yes U
Legal Review Fal No
For City Clerk Use Only:
Commission Action:
THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF MUSKEGON AND
THE MUSKEGON COUNTY BOARD OF COMMISSIONERS
This Amendment (“Amendment”) is made effective on July 1, 2023 (“Effective Date”) by and
between the City of Muskegon, with offices located at 933 Terrace Street, Muskegon, Michigan 49440
(“City”), the City of Muskegon Civil Service Commission, with offices at 933 Terrace Street, Muskegon,
Michigan 49440 (“CSC”), and the County of Muskegon, with offices located at 990 Terrace Street,
Muskegon, Michigan 49442 (“County”).
Background
A. City, CSC and County entered into a contract effective July 1, 2014 entitled Agreement
between the City of Muskegon and the Muskegon County Board of Commissioners which
called for the Muskegon County Department of Human Resources to provide human
resources services to the City and CSC.
B. The Parties now desire to amend the Agreement.
Therefore, for good and valuable consideration, and the mutual promises contained in this
Amendment, the Parties agree to amend the Agreement as follows:
1. Term. The Agreement shall be revised to provide a termination date of June 30, 2026,
provided that any party may terminate the Agreement with six (6) months notice.
2. Fees and Payment. For the period July 1, 2023 through June 30, 2024, City shall pay County
and annual fee of $145,000, with such payments being made in equal monthly payments.
For the period July 1, 2024 through June 30, 2025, City shall pay County an annual fee of
$147,900, with such payments being made in equal monthly payments. For the period July
1, 2025 through June 30, 2026, City shall pay County an annual fee of $150,858, with such
payments being made in equal monthly payments. ,
3, Additional Scope of Service For The City. The Human Resources Department will provide a
full-time employee onsite at City Hall who will, in addition to other duties, participate on the
Government Alliance on Race and Equity Team. Upon request by the City, additional
services can also include online onboarding, performance management, and hiring
applications; employee and supervisor education/training; and job compatibility
assessments,
4, City Obligations, The City shall provide an office for the County employee.
5. Personnel Director. The Civil Service Commission (CSC) shall appoint the County Human
Resource Director as the City of Muskegon Personnel Director who shall serve at the
pleasure of the CSC.
6. No Other Modification, Except as expressly modified by the terms of this Amendment
, the
Agreement shall remain in full force and effect. In the event of any inconsisten
cy or conflict
between the original Agreement, prior Amendments and this Amendment, the provisions
of
this Amendments shall govern and control,
The Parties have executed this amendment as of the Effective Date.
City of Muskegon
Ken Johnson °
Mayor, City of Muskegon
By
Ann Melisch
ge BONN
Muskegon City Clerk
County of Muskegon By:
Charles Nash * 7
Ye
Chairman, Board of Commissioners
Karen D. Buie
City of Muskegon
Civil Service Commission
Chair, Civil Service Commission
AGREEMENT BETWEEN THE CITY OF MUSKEGON
AND THE
MUSKEGON COUNTY BOARD OF COMMISSIONERS
THIS AGREEMENT, entered into as of the 1st of July, 2013, between the City of Muskegon, a municipal
corporation, by its City Commission, ("City"), the City of Muskegon Civil Service Commission ("CSC"), and
the County of Muskegon, by its Board of Commissioners, (“County’), is as follows:
PURPOSE
The purpose of this Agreement is to provide for human resources services to be administered by the
County Human Resources Department ("Human Resources Department’), which will provide a wide range
of Human Resources services which will be described in detail in the following agreement.
I. RELATIONSHIP OF THE PARTIES - The County Department of Human Resources Department
and Deborah Groeneveld shall perform all of the services under this Agreement as an Independent
Contractor and not as an employee of the City of Muskegon. This Agreement does not create a
partnership, joint venture, or any other relationship.
Il. TERM - The agreement shall commence July
1, 2013 and terminate June 30, 2014, provided that
either party may terminate the Agreement with six (6) months notice. The notice shall be sent by certified
mail to the County Human Resources Director and the Chair of the CSC if terminated by the City. The
notice shall be sent by certified mail to the City Manager and the Chair of the CSC if terminated by the
County. The notice shall be sent by certified mail to the County Human Resources Director and the City
Manager if the CSC terminates the appointment of Deborah Groeneveld as Personnel Director or
terminates the Agreement.
lil. SCOPE OF SERVICE FOR THE CITY — The Human Resources Department will provide
recruitment, advertising, pre-employment physicals and orientation services for new city employees under
the guidelines of the City of Muskegon Charter, Civil Service Rules and Regulations, and appropriate
collective bargaining agreements. The Human Resources Department will also provide class and pay
administration, benefit administration and maintain a complete set of personnel records for the City. The
County will also assist City departments with the Employee Assistance Program (EAP), CDL drug testing,
and unemployment. The County will also assist City departments and the CSC with disciplines, layoffs,
recalls, and terminations.
NV, SCOPE OF SERVICE FOR THE CSC ~- The Human Relations Department will provide
recommendations to the CSC as to rules relating to the examination and selection process in the classified
service of the City. The Human Resources Department will provide assistance to the CSC in classifying
positions, enforcing the administration of the Civil Service Rules, holding examinations for the filling of
positions in the classified service, preparing and maintaining an eligibility list of persons passing
examinations for positions, and certifying names of person to appointing officers for appointment to a
classified position. The Human Resources Department will provide assistance to the CSC in the
processing of requests for a leave of absence, temporary appointments, layoffs and recall of personnel,
appeals of employees to the CSC relating to a discharge, reduction in rank or compensation, pursuant to
the City Charter and Civil Service Rules, as modified by any applicable collective bargaining agreement.
Z:civil service contract with county 71213.doc
Vv. COUNTY HUMAN RESOURCES DEPARTMENT OBLIGATIONS ~ The County agrees to perform
the services and provide the materials set forth herein:
A. QUALIFIED STAFF - All County employees engaged in the performance of this
Agreement shall be professional in manner and appearance and be trained in Human Resources
Administration policies and procedures. The County Human Resources Director shall be
responsible to ensure all duties are performed adequately,
B. EQUIPMENT AND SUPPLIES - The County will provide all equipment and supplies needed
for the routine performance of its duties without additional expenses, except as otherwise set forth
herein.
C. MANUALS - The current City of Muskegon Civil Service Charter and collective bargaining
agreements shall be the documents followed for all recruitment activities, All other manuals
needed to performall functions will be provided by the County. (ex: ADA, Fair Labor Standards,
FMLA Manuals),
D, PERSONNEL RECORDS - The County will maintain the master personnel files in the
Muskegon County Human Resources Department. The personnel files shall be the properly of the
City,
E, PUBLIC RELATIONS - Good public relations are vital to the success of the Human
Resources administration program. During the terms of this Agreement, County employees shall
endeavor to promote understanding and amicable relations with City Departments and members of
the public.
F, RECRUITMENT AND CERTIFICATION OF APPLICANTS - The County at the direction
of the City and/or CSC shall advertise and compile applications for job openings. Qualified
applicants will be tested and certified for employment selection. The City shall be responsible for
any costs incurred for any testing material designated by the City and/or CSC. The City shall also
be responsible for any advertising costs incurred over five hundred ($500) dollars per agreement
year,
G, PHYSICALS AND ORIENTATIONS - The County shall direct selected applicants through
the physical and orientation process prior to starting employment. Selected applicants will be given
orientations on employment procedures, policies and benefits at the direction of the City. The City
shall be responsible for any costs incurred for the physical, back screen and drug test of selected
applicants.
H. CLASS AND PAY ADMINISTRATION - Counly staff will maintain, modify or develop at
the direction of the City class specifications for classes of work at the City.
I, BENEFIT ADMINISTRATION - The County shall provide assistance to the City and/or
CSC with issues pertaining to FMLA (Family Medical Leave Act), UI (Unemployment Insurance),
and the City's EAP (Employee Assistance Program). The City shall designate and provide the
legal services for any contested unemployment proceeding filed during the existence of this
agreement. Any counsel retained to handle a proceeding shall work under the direction of the
Z civil service contract with county 71213.doc 2
Human Resources Director. The City shall be responsible for any costs incurred for unemployment
claims and the City EAP program.
J. COMPUTERIZED INFORMATION TECHNOLOGY - The County will provide staff,
equipment, and software to maintain electronic records of recruitment activities using an applicant
tracking system (SIGMA/NEOGOV) and testing software (OPAC), and human resources forms
processing for current employees.
K. LABOR RELATIONS RELATED ISSUES - The County will provide services to the City
and/or CSC on issues of discipline, layoff, recall and termination hearings. The City shall
designate and provide the legal services for any labor related issue during the existence of this
agreement. Any counsel retained to handle a proceeding shall work under the direction of the
Human Resources Director.
L. RECORDS MAINTENANCE AND ACCESS - The County agrees to maintain personnel
records with the most current information the Municipality makes available.
1. All changes of employee status, wages, trainings and certifications will be kept in
the personnel file of the employee. ,
2. City staff and CSC Commissioners will be afforded access to personnel files per a
policy or procedure designated by the City and CSC,
3, Personnel files are to be maintained at the County Human Resources Department
during the term of this agreement, unless mutually agreed that these records may be
maintained at another location.
Vi. CITY AND CSC OBLIGATIONS - The City and CSC shall undertake the following:
A. CSC FILES AND RECORDS - The CSC shall provide Chapter XV of the City of
Muskegon Charter, current Civil Service Rules, policies and procedures, personnel records,
recruitment procedures, and all other documents maintained by the City of Muskegon Personnel
Director to the Human Relations Department.
B. CITY FILES AND RECORDS- The City shall provide policies and procedures concerning
class and pay administration, benefit administration or any Human Resources function presently
performed by City employees, except as otherwise provided above, to the Human Relations
Department. :
C. CIVIL SERVICE DIRECTOR - The CSC shall appoint Deborah Groeneveld as the City of
Muskegon Personnel Director, whom shall serve at the pleasure of the CSC. Deborah Groeneveld
shall receive no additional compensation for serving as the City’s Personnel Director and shall not
be an employee of the City. Deborah Groeneveld shall be responsible, subject to delegation, to
satisfying the obligations to be provided to the CSC.
Vil FEES AND PAYMENTS ~ The County will perform all the above services for the Municipality,
subject to fees and expenses set forth and under the terms and conditions herein:
Za\civil service contract with county 71213.doc 3
A. FEES - The fee for the agreement year, which is from July 1, 2013 to June 30, 2014,
shall be $75,000, in addition to UI (unemployment insurance), pre-employment physical, testing
and advertising costs as otherwise set forth herein.
B. PAYMENTS - The Municipality shall remit the annual fee in equal quarterly payments
of $18,750 each. The payment is owed regardless of whether Deborah Groeneveld is
appointed by the CSC as the City’s Personnel Director.
Vill, MISCELLANEOUS
A. SECTION HEADINGS - The headings of the several sections, and any Table of
Contents appended hereto, shall be solely for convenience of reference and shall not affect
the meaning, construction or effect hereof.
B, SEVERABILITY - If any one or more of the provisions contained herein shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, then such provision or
provisions shall be deemed severable from the remaining provisions hereof, and such
invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this
Agreement shall be construed as if such invalid, illegal or unenforceable provision had
never been contained herein.
C, ENTIRE AGREEMENT AND AMENDMENT - In conjunction with matters considered
herein, this Agreement contains the entire understanding and agreement of the parties and there
have been no promises, representations, agreements, warranties, or undertakings by any of the
parties, either oral or written, of any character or nature hereafter binding except as set forth
herein. This Agreement may be altered, amended or modified only by an instrument in writing,
executed by the parties to this Agreement and by no other means, Each parly waives their future
right to claim, contest or assert that this Agreement was modified, canceled, superseded or
changed by any oral agreements, course of conduct, waiver or estoppel. This agreement is
subject to obligations, if any, provided for in collective bargaining agreements involving the City, the
City of Muskegon Charter and the City of Muskegon Civil Service Rules and Regulations.
D, SUCCESSORS AND ASSIGNS- All representations, covenants, and warranties set forth
in the Agreement by or on behalf of, or for the benefit of any or all of the parties hereto, shall be
binding upon and inure to the benefit of such party, its successors and assigns.
E. TERMS AND CONDITIONS - The terms and conditions used in this Agreement shall be
given their common and ordinary definition and will not be construed against either party,
F, EXECUTION OF COUNTERPARTS - This 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.
ACKNOWLEDGEMENTS
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City of Muskegon By: ° Hb
AthosLil
er Jreanon
“ror
fn Marie
Wa Cummings
Z
Cit 7 of
County of Muskegon: A OF HI A,ye
Yanan Mahoney’ ” U
Chairman Board of Commissioners
By:
A Cefn ld!Me
Nancy A. Waters
County Clerk
Cily of Muskegon By:
Civil Service Commission Cond Georje Newsome /
hair CJ
ZAcivil service contract with county 71213.doc
THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF MUSKEGON AND
THE MUSKEGON COUNTY BOARD OF COMMISSIONERS
This Amendment (“Amendment”) is made effective on July 1, 2023 (“Effective Date”) by and
between the City of Muskegon, with offices located at 933 Terrace Street, Muskegon, Michigan 49440
(“City”), the City of Muskegon Civil Service Commission, with offices at 933 Terrace Street, Muskegon,
Michigan 49440 (“CSC”), and the County of Muskegon, with offices located at 990 Terrace Street,
Muskegon, Michigan 49442 (“County”).
Background
A. City, CSC and County entered into a contract effective July 1, 2014 entitled Agreement
between the City of Muskegon and the Muskegon County Board of Commissioners which
called for the Muskegon County Department of Human Resources to provide human
resources services to the City and CSC.
B. The Parties now desire to amend the Agreement.
Therefore, for good and valuable consideration, and the mutual promises contained in this
Amendment, the Parties agree to amend the Agreement as follows:
1. Term. The Agreement shall be revised to provide a termination date of June 30, 2026,
provided that any party may terminate the Agreement with six (6) months notice.
2. Fees and Payment. For the period July 1, 2023 through June 30, 2024, City shall pay County
and annual fee of $145,000, with such payments being made in equal monthly payments.
For the period July 1, 2024 through June 30, 2025, City shall pay County an annual fee of
$147,900, with such payments being made in equal monthly payments. For the period July
1, 2025 through June 30, 2026, City shall pay County an annual fee of $150,858, with such
payments being made in equal monthly payments.
3. Additional Scope of Service For The City. The Human Resources Department will provide a
full-time employee onsite at City Hall who will, in addition to other duties, participate on the
Government Alliance on Race and Equity Team. Upon request by the City, additional
services can also include online onboarding, performance management, and hiring
applications; employee and supervisor education/training; and job compatibility
assessments.
4. City Obligations. The City shall provide an office for the County employee.
5. Personnel Director. The Civil Service Commission (CSC) shall appoint the County Human
Resource Director as the City of Muskegon Personnel Director who shall serve at the
pleasure of the CSC.
6. No Other Modification. Except as expressly modified by the terms of this Amendment, the
Agreement shall remain in full force and effect. In the event of any inconsistency or conflict
between the original Agreement, prior Amendments and this Amendment, the provisions of
this Amendments shall govern and control.
The Parties have executed this amendment as ofthe Effective Date.
City of Muskegon —
an. Lo pao
Ken Johnson
Mayor, City of Muskegon
ay
Ann Meisch
ge AN) >
Muskegon City Clerk
County of Muskegon By:
Charles Nash
Chairman, Board of Commissioners
Karen D. Buie 4
City of Muskegon
Civil Service Commission
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