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FIRST AMENDMENT TO
SHORT TERM AGREEMENT BETWEEN THE CITY OF MUSKEGON
AND THE CITY OF MUSKEGON HEIGHTS FOR PROVIDING NECESSARY
SERVICES IN COMPLIANCE WITH THE MICIDGAN SAFE DRINKING
WATER ACT IN THE OPERATING OF Born ITS WATER FILTRATION
PLANT AND DISTRIBUTION SYSTEM
72
THE AGREEMENT made this / 0 - day of March, 2023 between the City of Muskegon,
located at 933 Terrace Street, Muskegon, Michigan 49443-0536 ( "Muskegon") and the City of Muskegon
Heights, located at 2724 Peck Street, Muskegon Heights, Michigan 49444 ( "Muskegon Heights").
RECITALS
A. On December 28, 2022 Muskegon and Muskegon Heights entered into the Short Term
Agreement Between the City of Muskegon and the City of Muskegon Heights for Providing Necessary
Services in Compliance with the Michigan Safe Drinking Water Act in the Operating of Both its Water
Filtration Plant and Distribution System Agreement ("Original Agreement'').
B. Muskegon and Muskegon Heights now desire to amend that Agreement for Muskegon to
provide water filtration plant operators, subject to this Agreement.
Section 1 Recitals
The parties agree that the Recitals provided above are true and correct and are incorporated into the
body of this Agreement.
Section 2 Short-Term Assistance for the Muskegon Heights Water Filtration Plant
Muskegon shall use its best efforts to provide operators for the Muskegon Heights Water Filtration
Plant.
Muskegon shall use its best efforts to schedule an operator to be at the Muskegon Heights Water
Filtration Plant. To the extent that Muskegon is requested to provide an operator at times not scheduled,
Muskegon shall use its best efforts to provide an operator within 24 hours. Muskegon shall not be required
to provide an operator when it would affect the operations of Muskegon's Water Filtration Plant, in
Muskegon's sole discretion.
Section 3 Entire Agreement and Amendment
In conjunction with the 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 party 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.
Section 4 Terms and Conditions
The tenns and conditions used in this Agreement shall be given their common and ordinary
definition and will not be construed against either party.
Section 5 Authority
All parties to this Agreement warrant and represent that they have the power and authority to enter
into this Agreement in the names, titles, and capacities herein stated and on behalf of any entities, person,
or finns represented or purported to be represented by such entity(ies), person(s), or finn(s) and that all
formal requirements necessary or required by any State and/or Federal law in order to enter into this
Agreement have been fully complied with.
Section 6 Term
This Agreement shall continue until terminated by either party upon 14 days-notice, but in no event
shall it continue beyond March 3 I, 2023.
Section 7 Compensation
A. Services provided by Muskegon to Muskegon Heights shall be billed on the basis of One
Hundred and 00/100 ($100.00) Dollars per hour should the services be available through frontline (non-
supervisory staff) and on the basis of One Hundred Twenty and 00/100 ($120.00) Dollars per hour should
it be necessary to utilize supervisory staff to provide the noted services. This will include travel costs within
the corporate limits of the City of Muskegon Heights and/or its filtration plant located in the corporate limits
of the City of Norton Shores. If additional travel outside the corporate limits of the City of Muskegon
Heights or the City of Norton Shores is necessary mileage will be billed at the prevailing IRS rate.
B. Muskegon shall bill Muskegon Heights on a monthly basis. Muskegon Heights shall pay
the invoices within fifteen ( 15) days ofreceipt.
Section 8 As to all other respects, the Original Agreement shall continue in force as if restated
herein.
In Witness Whereof the parties have executed this Agreement in their respective cities.
By: Melvin Bums
Its: Interim City Manager
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