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CITY OF
mi <7@ MUSKEGON
Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: May 27, 2025 Title: Contract with Pioneer Resources for Transit
Services
Submitted by: LeighAnn Mikesell, Deputy City Department: Manager's Office
Manager
Brief Summary:
Staff is seeking approval for the contract with Pioneer Resources for transit service to the city
beaches.
Detailed Summary & Background:
At the April 8, 2025 meeting, the commission approved the beach shuttle service proposal. Staff is
now seeking approval of the contract with Pioneer Resources to provide transit service from various
neighborhoods to Pere Marquette Park. The agreement includes two buses servicing stops from
Smith Ryerson Park to Pere Marquette Park on weekends only from May 23 to August 31. The amount
requested is only for May 23 fo June 30 and requires a budget amendment.
Goal/Focus Area/Action Item Addressed:
Key Focus Areas:
Goal/Action ltem:
2027 Goal 1: Destination Community & Quality of Life - Improved access to waterways
Amount Requested: Budgeted Item:
$20,720 Yes No X | N/A
Fund(s) or Accouni(s): Budget Amendment Needed:
101-772-80| Yes |X| No N/A
Recommended Motion:
To approve the contract with Pioneer Resources and authorize the mayor and clerk to sign.
Approvals: Guest(s) Invited / Presenting:
Immediate Division
Head No
Information
Technology
AGREEMENT BETWEEN THE CITY OF MUSKEGON
AND PIONEER RESOURCES: BEACH TRANSIT
THE AGREEMENT made effective May 23, 2025 between the City of Muskegon, located at 933
Terrace Street, Muskegon, Michigan 49443-0536 (hereinafter referred to as “Muskegon”) and Pioneer
Resources, Inc., located at 1145 Wesley, Muskegon, Michigan 49444 (hereinafter referred to as “Pioneer”).
RECITALS
Muskegon owns and operates a number of parks and recreational facilities in the City of
Muskegon, including a beach at Pere Marquette Park.
Muskegon believes that it would be of benefit to offer transportation between Pere Marquette
Park (at the intersection of Indiana Street and Beach Street), Smith Ryerson Park, the
intersection of Morris Street and Second Street, Campbell Field Park, and Grand Trunk Launch.
Pioneer, as part of its mission, operates various transportation services designed to serve
individuals with disabilities, older adults, and persons facing barriers to reliable transportation
access.
In consideration of the matters described above and of the mutual benefits set forth in this
Agreement, the parties agree as follows:
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 Services Provided by Muskegon
A. Muskegon shall design and install signage at Pere Marquette Park (at the intersection of Indiana
Street and Beach Street), Smith Ryerson Park, the intersection of Morris Street and Second
Street, Campbell Field Park, and Grand Trunk Launch advertising the beach transit.
B. Muskegon shall pay Pioneer $12,950.00 upon execution of this Agreement, subsequent
$12,950 payments to be made on June 30,2025, on July 31, 2025, and on September 13, 2025,
for a total of $51,800.00.
C. The September 13, 2025 payment of $12,950.00 may be modified as follows:
1. Decreased due to any mutually agreeable cancellations;
2. Increased due to providing services on Monday, September 1, 2025 (Labor Day); and
3. Increase or decrease based upon a mutually agreeable change in services.
Section 3 Services Provided by Pioneer
A. Pioneer shall provide transportation services on Fridays, Saturdays and Sundays commencing
on Friday, May 23, 2025, and ending on Sunday August 31, 2025. On Fridays and Saturdays,
the hours of operation shall be from 11:00 a.m. through 9:00 p.m. On Sundays, the hours of
operations shall be from 11:00 a.m. through 6:00 p.m.
B. Pioneer shall provide two (2) handicapped accessible buses. Each bus shall have a minimum
of sixteen (16) seats accommodating up to three (3) wheelchair.
C. Pioneer shall use its employees, with proper licenses, to operate the buses. The operator shall
drive the buses and provide assistance in entering and exiting the bus. The operator shall be
responsible to securing all wheelchairs in a safe and secure manner.
Section 4 Relationship Between the Parties
Pioneer shall perform and provide services under this Agreement as an independent contractor and
the individual or individuals designated by Pioneer shall remain for all purposes employees of Pioneer.
Pioneer understands that it will remain responsible for any and all wages and benefits due to said employee.
That employee shall not be entitled to any benefits from Muskegon, including, but not limited to, vacation
leave, sick leave, health insurance, disability insurance, unemployment insurance, and workers’
compensation benefits.
Section 5 Assignment
Neither Muskegon nor Pioneer shall assign any of its rights nor transfer any of its obligations under
this Agreement to another party without the prior written consent of the other, which shall not be
unreasonably withheld.
Section 6 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
and never been contained herein.
Section 7 Notice
Notices shall be given by personal service, fax, e-mail, or United States pre-paid postage for first
class, registered or certified mail. Notices of termination shall be sent as follows:
To: Muskegon To: Pioneer
933 Terrace Street 1145 Wesley Ave
Muskegon, MI 49440 Muskegon, MI 49442
Attn: Jonathan Seyferth, City Manager Attn: Jill Bonthuis, Chief Executive Officer
Section 8 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 City Manager for Muskegon and Chief Executive Officer for Pioneer 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 9 No Third-Party Beneficiary
No person dealing with Muskegon or Pioneer shall be, nor shall any of them be deemed to be, third-
party beneficiaries of this Agreement. This Agreement is not intended to, nor shall it be interpreted to
create a special relationship between Muskegon and Pioneer and any staff, visitors, residents, or other
individuals who may have business through Muskegon or Pioneer.
Section 10 Insurance and Waiver of Claims
Muskegon will submit to Pioneer and Pioneer shall submit to Muskegon a Certificate of Insurance
certifying that for the period covered by this Agreement, each party carries and has added the other party
to the following insurance policies:
A. Worker’s compensation insurance including Employer’s Liability Coverage in accordance with
all applicable statutes of the State of Michigan.
B. General Liability insurance, including a Broad Form General Liability Endorsement or
equivalent, with minimum aggregate limits of $1,000,000 to protect the other party against claims for
damage to property of others or for injury to or death of one more than one person due to accidents which
may occur or result from the Subrecipient’s performance under this Agreement.
C. Motor vehicle liability insurance including Michigan No-Fault Coverage, with limits of
Liability not less than $1,000,000 per occurrence for personal injury and for property damage. Coverage
shall include all owned vehicles, all non-owned vehicles, and all hired vehicles.
D. Any and all additional insurance required by the laws of the State of Michigan.
The insurance certificates required under this Agreement shall name Muskegon and Pioneer as an
additional insured party and shall obligate the insurer to provide a defense against all claims brought against
either party by virtue of this Agreement. Documentation shall include evidence of coverage as it applies to
the specific delivery of services as outlined by the Agreement herein. The certificate shall provide that they
cannot be canceled or modified without sixty (60) days advance written notice to the other party by the
insurance company. Either party may waive subrogation on its policy(ies).
Section 11 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.
Section 12 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.
Section 13 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 firms represented or purported to be represented by such entity(ies), person(s), or firm(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.
In Witness Whereof the parties have executed this Agreement in their respective cities.
Pioneer Resources, Inc. City of Muskegon
by Spek Sous Gwar
ame: J athén Seyferth!
Name: Jill Bonthuis
Its: Chief Executive Officer ( )
Date: 5/20/2025
ow
Name: Ann Meisch
NEW * Thess
Its: Clerk _
Date: € .V«- L975
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