IF YOU WISH TO ADDRESS THE CITY COUNCIL, PLEASE COMPLETE FORM LOCATED ON DESK AT ENTRANCE AND PASS TO MAYOR.

AGENDA – CITY COUNCIL MEETING

September 4, 2018 6:30 p.m.

1. CALL TO ORDER.

2. PLEDGE OF ALLEGIANCE – Invocation will be given by the guest of Vice Mayor/First Ward City Councilmember Arlene Robinson.

3. ROLL CALL. 4. ADOPTION OF AGENDA.

5. PRESENTATIONS/PROCLAMATIONS.

A. Presentation by Linda Hass regarding the historical significance to

Jackson of the Second Missionary Baptist Church, which was founded by a former slave after the Civil War in 1865, and presentation of a Special Tribute on behalf of the Church.

6. PUBLIC HEARINGS.

A. Intent to Establish Property Assessed Clean Energy (PACE) Program

and District. Public hearing to receive comments on the proposed Property Assessed Clean Energy (PACE) Program and to establish a PACE District. 1. Approve a Resolution establishing a PACE Program, authorize the City

Manager to take all actions necessary to administer the PACE Program, and authorize the City Manager to make necessary changes to the Resolution and Report.

7. CITIZEN COMMENTS. (3-Minute Limit)

8. PETITIONS & COMMUNICATION FROM CITY STAFF AND OTHER GOVERNMENTAL ENTITIES. (Accept & Place on File).

A. HRC Meeting Minutes for July 18, 2018.

Recommendation: Accept and place on file the Human Relations Commission meeting minutes for July 18, 2018.

B. Public Arts Commission Meeting Minutes for July 17, 2018. Recommendation: Accept and place on file the Public Arts Commission meeting minutes for July 17, 2018.

9. CONSENT CALENDAR. A. Minutes of the Regular Meeting of August 14, 2018:

Approve the minutes of the regular City Council meeting of August 14, 2018.

B. Zoning Board of Appeals Resignation: Receipt with regret the resignation of Kyle A. Jansen from the Zoning Board of Appeals serving as an alternate.

C. Henry Ford Allegiance Health – HFAH Mobile Health Coach. Approve a request from Henry Ford Allegiance Health to conduct its HFAH Mobile Health Coach event on Thursday, September 6, 2018, from 6 a.m. to 6 p.m., in front of One Jackson Square (five parking spaces on E. Michigan Avenue).

D. Dirty Bird Brew Fest. Approve a request from The Dirty Bird to conduct their Dirty Bird Brew Fest event on Saturday, September 22, 2018, from 12:00 p.m. to 10:30 p.m., on W. Michigan Avenue in front of The Dirty Bird restaurant.

E. Henry Ford Allegiance – Race to Health. Approve a request from Henry Ford Allegiance Health to conduct its 33rd Annual Race to Health event on Saturday, September 22, 2018, 6 a.m. to 12 p.m., near Henry Ford Allegiance Health.

F. Oktoberfest. Approve a request from the Jackson YMCA to conduct their Oktoberfest event on Friday, September 28, 2018, and Saturday, September 29, 2018 on W. Wesley between S. Jackson St., and Mechanic St.

G. Public Rosary. Approve a request from Queen of the Miraculous Medal Church to conduct its 11th Annual Public Rosary event on Sunday, October 14, 2018, from 12 p.m. to 3 p.m., at CP Federal City Square and Horace Blackman Park.

H. Traffic Control Order 2287. Approve Traffic Control Order 2287 to install “No Bus Parking” signs on the west side of N. Mechanic Street from Michigan Avenue to Pearl Street.

I. Traffic Control Order 2288. Approve Traffic Control Order 2288 to update the parking regulation on the west side of Jackson Street from Washington Avenue to Cortland Street, to have no vehicle remain parked for a period exceeding two (2) hours during enforcement hours.

J. Traffic Control Order 2289

Approve Traffic Control Order 2289 to establish the parking regulation on the east side of Jackson Street from Michigan Avenue to Pearl Street, to have no vehicle remain parked for a period exceeding one (1) hour during enforcement hours.

K. Traffic Control Order 2290. Approve Traffic Control Order 2290 to rescind the “One Hour Parking” regulation for the west side of North Higby Street, from Williamson Street to Daniel Road.

L. Traffic Control Order 2291. Approve Traffic Control Order 2291 to establish north bound only traffic flow on United Way between Trail Street and Ganson Street.

M. Traffic Control Orders 2292 - 2297. Approve Traffic Control Orders 2292 through 2297 to convert Washington Avenue between West Avenue and First Street from one-way eastbound to two-way traffic.

N. Accounts Receivable Write-Off Request. Approve the Accounts Receivable write-off request.

O. Establish a Public Hearing for Justice Assistance Grant (JAG) Program. Establish a public hearing at the September 18, 2018, City Council meeting regarding the use of $30,070.00 in FY 2018 JAG funds by the City for the purchase and installation of an indoor firearms range.

P. Police Patrol Vehicle Lease. Approve the lease of four Ford Explorer patrol vehicles from Enterprise Fleet Management, for a total monthly cost of $2,715.04, and an annual cost of $32,580.48.

Q. Lobby Cash Dispenser. Approve the request to place a no-surcharge Cash Dispensing Machine from American 1 Credit Union in the front lobby of City Hall, and authorize the City Attorney to take all necessary actions.

R. Letter of Intent to Establish a City of Jackson Youth Council. Approve a request from the Jackson Human Relations Commission to submit a

letter of intent to establish a Jackson Youth Council.

S. Fifth Addendum to Option Agreement for Vacant Land between the City of Jackson and Commonwealth Associates, Inc.

Approve the Fifth Addendum to Option Agreement for vacant land between the City of Jackson and Commonwealth Associates, Inc., authorize the City Manager to sign same, and to take all actions necessary to effectuate the Addendum.

T. Fourth Addendum to Option Agreement for 228 W. Michigan Avenue

(the Hayes Hotel) between the City of Jackson and Home Renewal Systems, LLC.

Approve execution of the attached Fourth Addendum to Option Agreement between the City of Jackson and Home Renewal Systems, LLC, for 228 W. Michigan Avenue, and authorize the City Manager to sign same and to take all actions necessary to effectuate the Addendum.

10. OTHER BUSINESS. A. Amendment 4 to the Contract for Engineering and Design of Kibby

Road – West Avenue to City Limits, adding the decorative wall and lighting at the roundabout and other modifications. Recommendation: Approve Amendment 4 to the contract for Kibby Road Design and Engineering with Mannik & Smith Group, Monroe, at a not-to-exceed cost of $39,500.00, for the decorative wall and lighting at the roundabout along with other minor modifications, and authorize the City Manager and City Engineer to sign the contract documents.

11. NEW BUSINESS.

A. Bid for HVAC Repairs and Upgrades to the Jackson Police Department. Recommendation: Approve the bid from Aladdin Electric for HVAC repairs and upgrades to the Jackson Police Department, and approving the expenditures for FY 2018/19 in the amount of $62,950.00 for the project.

B. Contract Award for Downtown District Sign Modernization Project. Recommendation: Approve the award of a contract for the Downtown District Street Sign Modernization project to J. Ranck Electric, Inc., Mt. Pleasant, at a cost of $198,660.31, and authorize the Mayor and City Clerk to execute the appropriate document(s) in accordance with the Purchasing Agent.

C. Filing of a Concurrence in the Great Lakes Water Authority’s Request for a Declatory Ruling Regarding the MDEQ’s Lead and Copper Rule. Recommendation: Approve the filing of a Concurrence in the Great Lakes Water Authority’s request for a Declatory Ruling regarding the State of Michigan Department of Environmental Quality Lead and Copper Rule, and

authorize the City Attorney to sign the necessary documents and take all other actions necessary in regards to the concurrence.

12. EXECUTIVE SESSION to discuss a written legal opinion.

13. RETURN TO OPEN SESSION.

14. CITY COUNCILMEMBERS’ COMMENTS. 15. MANAGER’S COMMENTS. 16. ADJOURNMENT.

SPECIAL TRIBUTE

WHEREAS, The Second Missionary Baptist Church was founded in 1865 by George W. and Sarah Green, former slaves from Virginia. The church is the oldest African American Baptist congregation in Jackson, originally organized as the Second Baptist Church of Jackson. The congregation bought a lot on East Franklin Street in 1867, and built a house of worship on it in 1870; and

WHEREAS, the church has played a prominent spiritual role in Jackson's African-American community from the beginning, providing a place to gather on issues of national impo11ance such as the meeting of 1876 in which the church hosted an overflow crowd of "nearly all the colored men in the city" to discuss the upcoming presidential campaign; and

WHEREAS, the church has continued to provide vital services to the community, such as offering after­school tutoring services, serving as a school election site, and regularly hosting Martin Luther King Day celebrations. In addition, the church came into the media spotlight in 1984, when the Rev. Jesse Jackson took the pulpit during his presidential primary campaign. According to the Jackson Citizen Patriot, "Spectators jammed the 700-seat church when the Democrat preached a political gospel for the oppressed"; and

WHEREAS, its former pastor, the late Rev. Amos Po lk Williams, the son of a Tennessee sharecropper, was one of the longest-serving pastors in Jackson County. Williams, senior pastor for 58 years (1954-2012), also was a mentor to hundreds of area residents; and

WHEREAS, the church has remained in the City of Jackson, first on West Pearl Street in, 1 865; moving to 208 East Franklin in 1867, with a structure built in 1870, and moving to its current location, 304 E, Prospect Street, in 20 1 O; and

WHEREAS, the church celebrated its Sesquicentennial anniversary in 20 15. It a lso displays remnants of its past in the Prospect Street location, including the date-etched cornerstone of the Franklin Street structure and an 1884 Bible owned by its founder.

NOW THEREFORE, IN SPECIAL TRIBUTE, this document is signed and dedicated to recognize and commend the SECOND MISSIONARY BAPTIST CHURCH for over 150 years of providing enduring support to its members and to the broader community and for preserving and promoting local African American history.

Dated September 4, 2018

Derek Dobies, Mayor

Freddie Dancy, 211d Ward Councilmember

Craig Pappin, 416 Ward Councilmembcr

Arlene Robinson, Vice Mayor/1 51 Ward Councilmember

Jeromy Alexander, 3ra Ward Councilmember

Colleen Sullivan, 61" Ward Councilmember

CITY OF JACKS ct, N ------C- i-ty_M_a_na_g_er_'s_o_r_nc_e Founded 18 2 g 161 W. Michigan Ave. - Jackson, MI 49201

Phone: (517) 788-4035 • Facsimile: (517) 768-5820

MEMO TO: Honorable Mayor and City Councilmembers

FROM: Patrick H. Burtch, City Manager

DATE: Council Meeting - September 4, 2018

SUBJECT: Approve a Resolution Establislting a Pace Program

Recommendation: APPROVE a Resolution Establishing a PACE Program and authorize the City Manager to take all actions necessary to administer the PACE Program, and Authorize the City Manager to make necessary changes to the Resolution and Report.

Your consideration and concurrence is appreciated.

DEPARTMENT REPORT

MEMO TO: Honorable Mayor and City Councilmembers

FROM: Bethany M. Smith, City Attorney

DATE: Council Meeting - September 4, 2018

RECOMMENDATION: APPROVE a Resolution Establishing a PACE Program and authorize the City Manager to take all actions necessary to administer the PACE Program. and Authorize the City Manager to make necessary changes to the Resolution and Report.

SUMMARY

The attached Resolution and PACE Report set out the procedures for implementation and administration of the Prope1ty Assessed Clean Energy Program ("PACE Program").

HISTORY. BACKGROUND and DISCUSSION

The Property Assessed Clean Energy Program ("PACE Program") will allow property owners to finance certain energy efficient improvements to their properties by having the cost of the improvements specially assessed against their properties. Payments for the special assessments will be made to commercial lenders, and the financing will he coordinated and made by the commercial lenders. The special assessment acts as a fwther assurance of payment for the costs of the improvements. The types of energy efficiency improvements that may be financed under the PACE Program include, but are not limited to: insulation, st01m windows and doors, reductions in glass area, automated energy control systems and day lighting systems. Renewable energy resources may also be financed through the PACE Program.

No City funds of any s01t, with the exception of staff time, will be committed or used in connection with the PACE Program or any PACE project.

POSITIONS

APPROVE a Resolution Establishing a PACE Program and authorize the City Manager to take all actions necessary to administer the PACE Program, and Authorize the City Manager to make necessary changes co the Resolution and Rep01t.

ATTACHMENTS: Resolution PACE Report

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RESOLUTION

BY THE CITY COUNCIL:

WHEREAS, the City Council has previously has adopted a Resolution of Intent to authorize the establishment of a property assessed clean energy program ("PACE Program") and create a PACE district pursuant to Act No. 270, Public Acts of Michigan, 2010 ("Act 270"), for the purpose of promoting the use of renewable energy systems and energy efficiency improvements by owners of certain real property; and

WHEREAS, the City Council hereby finds that financing energy projects is a valid public purpose because it stimulates economic development, improves property values, reduces energy costs, reduces greenhouse gas emissions, and increases employment in the City; and

WHEREAS, the types of energy efficiency improvements and renewable energy systems that may be financed under the PACE Program include, but are not limited to: insulation in walls, roofs, floors, foundations, or heating and cooling distribution systems; storm windows and doors; multi -glazed windows and doors; heat-absorbing or heat-reflective glazed and coated window and door systems; and additional glazing, reductions in glass area, and other window and door system modifications that reduce energy consumption; automated energy control systems; heating, ventilating, or air-conditioning and distribution system modifications or replacements; caulking, weather-stripping, and air sealing; replacement or modification of lighting fixtures to reduce the energy use of the lighting system; energy recovery systems; day lighting systems; installation or upgrade of electrical wiring or outlets to charge a motor vehicle that is fully or partially powered by electricity; measures to reduce the usage of water or increase the efficiency of water usage; any other installation or modification of equipment, devices, or materials approved as a utility cost-savings measure by the PACE Program; a fixture, product, device, or interacting group of fixtures, products, or devices on the customer's side of the meter that use one or more renewable energy resources to generate electricity. Renewable energy resources include, but are not limited to: biomass (including a biomass stove but not an incinerator); solar and solar the1mal energy; wind energy; geothermal energy and methane gas captured from a landfill; and

WHEREAS, the City Council conducted a public hearing on September 4, 2018, at 6:30 p.m., in the Council Chambers, 161 West Michigan Avenue, Jackson, MI 49201, to receive comments on the proposed PACE Program, including the Report referenced in Section 9(1) of Act 270 (the "PACE Report"); and

WHEREAS, the City Council intends to establish a PACE Program as described in the PACE Report, so as to provide a property owner-based method of financing and funds for energy projects, including owner-arranged financing from a commercial lender, which funds and financing shall be secured and repaid by assessments on the property benefited, with the agreement of the record owners, such that no City moneys, general City taxes or City credit of any kind whatsoever shall be pledged, committed or used in connection with any project as required by, and subject to Act 270.

NOW, THEREFORE, BE IT RESOLVED THAT:

1. The PACE Program for the City is established and approved.

2. The PACE district, having the same boundaries as the City's jurisdictional boundaries, is established.

3. The PACE Program constitutes a valid public purpose because it stimulates economic development, improves property values, reduces energy costs, reduces greenhouse gas emissions, and increases employment in the City.

4. The PACE Report is incorporated herein in full by reference, and is approved and adopted.

5. The City formally joins Lean & Green Michigan™ and designates Levin Energy Partners, LLC as PACE administrator to administer the PACE Program.

6. In accordance with the PACE Report, amendments to the PACE Program shall not require a public hearing.

7. In accordance with Act 270, an assessment imposed under the PACE Program, including any interest on the assessment and any penalty, shall constitute a lien against the property on which the assessment is imposed until the assessment, including any interest or penalty, is paid in full. The lien runs with the property and has the same priority and status as other property tax and assessment liens. The City has all rights in the case of delinquency in the payment of an assessment as it does with respect to delinquent property taxes. When the assessment, including any interest and penalty, is paid, the lien shall be removed from the property. The City Manager or his/her designee is authorized and directed to execute and deliver any speciaJ assessment agreement, document or certificate necessary or appropriate to create, establish and record an assessment under the PACE Program.

8. In accordance with Act 270, installments of assessments due under the PACE Program may be included in each summer and winter tax bill issued under the General Property Tax Act, 1893 PA 206, MCL 211.1 to 211.155 ("Act 206"), and may be collected at the same time and in the same manner as taxes collected under Act 206. Under owner-arranged financing, the City may impose an assessment and forward payments to the commercial lender or the record owner may pay the commercial lender directly. In all projects where the property owner will pay the installments of assessments through periodic payments to the City, the PACE special assessment agreement will provide for the City to be reimbursed for the actual costs of administering the billing and payment process.

9. The City may join with any other local unit of government, or with any person, or with any number or combination thereof, by contract or otherwise as may be

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10.

11.

YEAS:

NAYS:

permitted by law, for the implementation of the City's PACE Program, in whole or in part, and the City Manager or his/her designee is authorized to execute and deliver such documents, agreements or certificates as may be necessary or advisable to permit the cooperative implementation of the PACE Program as provided by Act 270 or other applicable law.

The City Manager or his/her designee is authorized to sign necessary documents, agreements or certificates, and to take all other actions necessary or convenient to implement a PACE Program consistent with the PACE Report.

All resolutions and parts of resolutions inconsistent with this Resolution are repealed to the extent of such inconsistency.

Council Members

Council Members

RESOLUTION DECLARED ADOPTED.

Clerk of Council

I HEREBY CERTIFY that the attached is a true and complete copy of a resolution adopted by the City Council of the City of Jackson , Michigan, at a regular meeting held on September 4, 2018, at 6:30 p.m., prevailing Eastern Time, and that public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, Act No. 267, Public Acts of Michigan, 1976 and that minutes of the meeting were kept and will be or have been made available as required by Act 267.

Clerk of Council

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Bethany Smith

From: Sent: To: Cc: Subject: Attachments:

Councilmember Sullivan,

Bethany Smith Thursday, August 30, 2018 4:03 PM Colleen Sullivan; colleenforward6@gmail.com Patrick H. Burtch; Jason Yoakam PACE Resolution COJ PACE Program Report (track changes).docx

The Resolution that you submitted does not require any changes, however the wording of Paragraph 4 seems to suggest that the PACE report should be attached or at least part of the agenda item submittal for the packet. I have attached it in track changes so that you can see the change requested by the City Assessor.

It was my understanding that you were doing the cover memo and department report as you did for the last PACE agenda item.

If you need anything, please let me know.

Bethany Smith City Attorney City of Jackson (517)788-4050 bsmith@cityofiackson.org

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lean & green MICHIGANtm

CITY OF JACKSON, MICHIGAN PROPOSED PACE PROGRAM

[DATE OF APPROVAL)

PARTNERS

lean & green MICHIGAN bTI CITY OF JACKSON, MICHIGAN

PACE PROGRAM REPORT

This Lean & Green Michigan TM PACE Program Report contains the information required by Section 9 of Act 270. Additional information is available from City of Jackson. The PACE Program and Report were approved by the City Council of the City of Jackson on __ _ 2018, subsequent to a public hearing held on , 2018.

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INTRODUCTION

In order to encourage economic development, improve prope11y valuation, increase employment, reduce energy costs, reduce greenhouse gas emissions and contribute to the public health and welfare in the City of Jackson, the City Council established the City of Jackson Property Assessed Clean Energy Program pursuant to Public Act No. 270 of 2010 ("Act 270") by joining Lean & Green Michigan™ ("LAGM," the "PACE Program" or "Program"). The PACE Program has identified specific sources of commercial funding to finance the implementation of energy efficiency improvements, renewable energy systems and energy projects within the City of Jackson PACE district (which is coterminous with City of Jackson's jurisdictional boundaries). The City Council of the City of Jackson held a public hearing and approved a resolution for establishment of a property assessed clean energy program on _____ __, 2018.

The purpose of this PACE Report (hereinafter the "Report'') is to fulfill the requirements of Act 270. Section 9 of Act 270 requires a Report that includes: a form of contract between City of Jackson and the record owner; identification of an official authorized to enter into program contracts on behalf of City of Jackson; a maximum aggregate amount for financing under the program; an application process and eligibility requirements; a method for determining interest rates, repayment periods and the maximum amount of assessment; explanation of how assessments will be made and collected; a plan for raising capital; information regarding reserve funds and fees of the program; a requirement that the te1m of the assessment not exceed the useful life of the energy project; a requirement of an appropriate ratio of the amount of assessment to the assessed value of the property; requirement of consent from the mortgage holder; provisions for marketing and participant education; provisions for adequate debt service reserve fund; quality assurance and antifraud measures; and a requirement for baseline energy audits, ongoing savings measurements and performance guarantees for projects over $250,000 in assessments.

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I. Form of PACE Contract

A form of model PACE Special Assessment Agreement is attached as Appendix A. Individual property owners may negotiate project-specific terms to be included in the model Agreement based upon the specific energy efficiency and renewable energy improvements that are subject of the individual agreement, subject to the limitations set forth herein.

2. Authorized Official/PACE Administrator/Legal Counsel

The City Manager, or his/her designee (the "Authorized Official"), is authorized to enter into PACE Program contracts on behalf of City of Jackson in consultation with Levin Energy Partners, LLC ("LEP"), such agreements shall conform to the parameters set forth herein. The Authorized Official is further authorized to sign any agreement, documents or certificates necessary to facilitate the participation of prope1ty owners and to facilitate the purposes hereunder.

As part of Lean & Green Michigan TM, LEP will act as PACE administrator to administer City of Jackson's PACE Program. LEP is authorized to negotiate with credit providers and PACE project participants to facilitate the use of the PACE Program, and to assist PACE project applicants in obtaining owner-arranged financing.

3. Financing Parameters

The dollar amount for financing of a particular project will be established by the property owner seeking to make the property improvement and the commercial lender seeking to finance the energy improvements. The maximum aggregate annual dollar amount for all financing to be provided by City of Jackson shall be established not less often than annually and may be adjusted and amended by the City Council. The initial maximum aggregate annual dollar amount for all financing provided by the City under the Program is $1 for the fiscal year ending December 31, 2018, $1 for the fiscal year ending December 31, 2018, and $1 for each subsequent fiscal year thereafter unless modified by the City Council.

Owner-arranged and other financing from commercial lenders, as allowed under Act 270, Section 9(l)(g)(iii), are separate sources of financing from the financing provided by City of Jackson. Owner-arranged and other financing from commercial lenders is not included under the maximum aggregate annual dollar amount for all financing provided by City of Jackson under the Program.

4. Application Process/Eligibility Requirements

Application Process:

The application process for financing projects under the Program shall be those of LAGM. The current application form is attached as Appendix B. This form may be changed or

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amended as necessary by LEP.

Eligibility Requirements:

The eligibility requirements for financing projects under the Program shall be those of LAGM. Eligibility requirements may be changed or amended as necessary by LEP. The cwTent list of eligibility requirements is attached as Appendix C.

5. Financing Terms of Assessments

To the extent Jackson chooses to participate in financing in the future, for funds supplied by City of Jackson, the interest rate on a PACE special assessment shall be sufficient to pay principal and interest on the bonds as determined by the Authorized Official. Additional financing terms shall be negotiated between the property owner and bond purchasers/commercial lenders.

For funds supplied by conunercial lenders, the interest rate for PACE special assessment installments will be negotiated by the parties based on current market conditions.

The ma,ximwn allowable repayment period of a PACE special assessment must be included in the PACE Special Assessment Agreement and will be determined on a project­specific basis and shall not exceed the lesser of the useful life of the energy project paid for by the assessment or 25 years.

The maximum dollar amount of a PACE special assessment shall be negotiated on a project-specific basis between the prope11y owner and the bond purchaser/commercial lender based upon the specific energy efficiency improvement(s) and/or renewable energy system(s) included in the individual PACE Special Assessment Agreement.

6. Assessment Collection Process

Based upon the request of the Authorized Official, within the parameters set forth herein, the Authorized Official will dete1mine to authorize commercial lenders to provide financing to defray all or part of the cost of the energy improvements by special assessment upon the Special Assessment Parcel, which the Authorized Official will find is especially benefited in proportion to the costs of the energy improvements.

The Special Assessment Roll, attached as Appendix E, will be spread by the Authorized Official on behalf of City of Jackson and without objection by the property owner to allocate one hundred percent (100%) of the PACE special assessment levy created hereby to the Special Assessment Parcel. The property owner shall agree not to contest the special assessment.

The PACE special assessment. as allocated by the Authorized Official on behalf of City of Jackson, will be finally established against the property and the energy projects to be constructed on the Special Assessment Parcel. The PACE special assessment will be effective immediately upon the execution and delivery of the PACE Special Assessment Agreement by

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the property owner. The PACE special assessment may be paid in semi-annual installments pursuant to Section 13(2) of Act 270 and shall be in accordance with the law and City Council action. The Authorized Official, on behalf of City of Jackson will confirm the Special Assessment Roll.

The City Assessor will promptly be notified by the commercial lender if the property owner is delinquent. At that time, the City Assessor will include all past due installments of the special assessment, interest, charges, and penalties on the next special assessment roll. Notification by the commercial lender before May 30 in any year will result in the inclusion of the delinquent special assessment on the next July statement. Notification by the commercial lender before October 31 in any year will result in the inclusion of the delinquent special assessment on the next December tax statement.

7. Financing Program

LAGM is developing and will continue to develop an active roster of financial institutions, institutional investors and other sources of plivate capital available to finance PACE projects in Michigan. By participating in LAGM, City of Jackson helps its constituent property owners gain access to private capital made available through the statewide program. City of Jackson authotizes the use of owner-arranged financing from commercial lenders to finance qualified energy projects under the Program.

8. Reserve Fund

By participating in LAGM> City of Jackson assists its constituent property owners in taking advantage of any and all appropriate loan loss reserve and gap financing programs of the Michigan Economic Development Corporation ("MEDC"). Such financing mechanism can similarly be used to finance a reserve fund.

9. Fee Schedule

Application> administration and program fees for property owners shall be those of LAGM. Administration and program fees will be determined on a project specific basis and will depend on the size, nature and complexity of the energy project(s) and financing mechanism(s) involved.

10. Useful Life

The maximum length of time allowable for repayment of a PACE assessment shall not exceed the lesser of the useful life of the energy project paid for by the assessment or 10 years and will be determined on a project specific basis by LEP. Projects involving multiple energy efficiency improvements and/or renewable energy systems may aggregate the useful life of each improvement to determine an overall useful life figure for financing purposes. In aggregating the improvements, the property owner must appropriately weigh each improvement's dollar cost.

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11. Property Eligibility Parameters

The ratio of the amount of the assessment to the market value of the property must be appropriate and shall be set forth in the PACE Special Assessment Agreement for each project. Additionally, the overall indebtedness on the property must be appropriate. In calculating the appropriate ratios, the property owner and the lender providing the financing may determine the market value of the prope1ty using either: I) the market value of the property before the PACE project as agreed to by the property owner and the lender providing the financing using a proper measure such as a recent appraisal or two times the State Equalized Value; or 2) the market value of the property upon completion of the PACE project as agreed to by the property owner and the lender providing the financing using a proper measure such as an appraisal of the futme value of the property or as determined based on the cun-ent market value of the property plus 75% of the value of the PACE project.

T n calculating the appropriate ratio of the amount of the assessment to the market value of the property, the cost of the energy project (excluding closing costs and interest) shall generally not exceed 25% of the market value of the property.

ln calculating the appropriate ratio of total indebtedness on the prope1ty, if the property owner and the lender providing financing calculate an appropriate ratio using the market value of the prope1ty before the PACE project, prior debt seemed by the building plus the PACE loan shall generally not exceed 95% of the market value of the property. If the property owner and the lender providing financing calculate an appropriate ratio using the market value upon completion of the PACE project, prior debt secured by the building plus the PACE loan shall generally not exceed 90% of the market value of the property.

LEP and the Authorized Official may permit projects that exceed these values for reasonable cause on a case-by-case basis, and in such cases must include a letter of explanation as an addendum to the Special Assessment Agreement.

12. Mortgage Consent Requirement

As set forth in the PACE Special Assessment Agreement, if a prope1ty is subject to a mortgage then the record owner must obtain written consent from the mortgagee to participate in the Program. Proof of lender consent must be submitted with the PACE Program Application. A form of model lender consent to pruticipate in a PACE Program is attached as Appendix G.

13. Marketing Program

LAGM has developed an ongoing marketing and participant education program. By joining LAGM, City of Jackson gains access to this program and agrees to partner with LAGM in educating businesses in City of Jackson about opportunities to save energy, save money and improve their property value and the City authorizes the use of City of Jackson's logo by LAGM

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to be incorporated into the LAGM website and other communications vehicles. More information regarding the Program can be obtained at LAGM's website: www.leanandgreeruni.com; or at City of Jackson's website at cityo:fiackson.org.

14. Quality Assurance and Antifraud Measures

LAGM includes the following quality assurance and antifraud measures:

1. Business integlity review on clean energy contractors conducted by Michigan Saves;

n. Background check process on clean energy contractors conducted by Michigan Saves; and

m. Other general due diligence as may be necessary or required.

15. Audit Requirement

As set forth in the PACE Special Assessment Agreement, a baseline energy audit must be completed before an energy project is undertaken. Each contract will require and provide adequate funding for monitoring and verification of energy savings throughout the life of the special assessment

16. Projects Over $250,000

As set forth in the PACE Special Assessment Agreement, energy projects financed with more than $250,000 require ongoing measurements to establish energy savings and a guarantee from the contractor that the energy project will achieve a savings to investment ratio greater than one (1 ). Provisions to provide for ongoing measurements and to provide performance guarantees shall be included with the PACE Program Application, attached as Appendix B.

17. Amendments to the Program

A public hearing shall not be held to amend this Program unless required by subsection (l)(c) of Section 7 of the Act 270. LEP may amend the City of Jackson PACE Progran1 as necessary from time to time.

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PACE Special Assessment Agreement APPENDIX A

_________ .SPACE ABOVE !'OR RECORDING PURPOSES _______ _

PACE SPECIAL ASSESSMENT AGREEMENT

between

CITY OF JACKSON, MICHIGAN

and

Dated _,20_

TABLE OF CONTENTS

Pa2e

ARTICLE I (Definitions) ............................................. ...................... ............ ................... 12

AR TI CLE II (Description of Improvements) ........ ............... .................................... ......... 14

ARTICLE III (Covenants of NAME OF ENTlTY) ..................................................................... 14

ARTICLE IV (Covenants of City of Jackson) ............................................... ................ .. . 15

ARTICLE V (PACE Special Assessment) ........................................................................ 15

ARTICLE VI (Conditions Precedent) ............................................................................... 18

ARTICLE VII (Representations and Warranties) ............................................................. 19

ARTICLE VIII (Default) ................................................................................................... 20

ARTICLE lX (Miscellaneous) .......................................................................................... 21

PACE SPECIAL ASSESSMENT AGREEMENT

THIS PACE SPECIAL ASSESSMENT AGREEMENT (the "Agreement") is made this_ day of 20_ , between (the "Property Owner"), a ________ , whose address is , and City of Jackson whose address is 16 l W. Michigan Ave., Jackson, Michigan 49201.

RECITALS:

A. City of Jackson desires to encourage economic development, improve property valuation, increase employment, reduce energy costs, reduce greenhouse gas emissions and contribute to the public health and welfare.

B. Act No. 270, Public Acts of Michigan, 2010 provides that City of Jackson may create a special assessment to defray the cost of certain energy improvements for commercial and industrial properties and that a special assessment may be levied in connection therewith, whereby the property owner(s) benefited thereby shall pay the cost thereof.

C. Based upon the authority set fo1th in the Lean & Green Michigan™ ("LAGM") PACE Program Report approved by Resolution, adopted on , 20_, the parties have determined that it is necessary and appropriate to enter into this Agreement.

In consideration of the foregoing and the mutual covenants contained in this Agreement, Property Owner and City of Jackson hereby enter into this Agreement and covenant and agree as follows:

ARTICLE I

DEFINITIONS

Section 1.01 Definitions

(a) The capitalized terms used in this Agreement shall have the following meanings, except to the extent the context in which they are used requires otherwise:

(b) "Act 270" means Act No. 270, Public Acts of Michigan, 2010, commonly referred to as the PACE Act.

(c) "Agreement" means this PACE Special Assessment Agreement as same may be amended and/or restated.

(d) "Authorized Official" means the City Manager who is authorized to enter into this agreement under the Lean & Green MichiganTM PACE Program.

(e) "Energy Efficiency Improvement" means equipment, devices, or materials intended to decrease energy consumption, including, but not limited to, all of the following: insulation in walls, roofs, floors, foundations, or heating and cooling distribution systems; storm windows and doors; multi·glazed windows and doors; heat-absorbing or heat-

reflective glazed and coated window and door systems; and additional glazing, reductions in glass area, and other window and door system modifications that reduce energy consumption; automated energy control systems; heating, ventilating, or air-conditioning and distribution system modifications or replacements; caulking, weather-stripping, and air sealing; replacement or modification of lighting fixtures to reduce the energy use of the lighting system; energy recovery systems; day lighting systems; installation or upgrade of electrical wiring or outlets to charge a motor vehicle that is fully or partially powered by electricity; measures to reduce the usage of water or increase the efficiency of water usage; and any other installation or modification of equipment, devices, or materials approved as a utility cost-savings measure by the Board of Commissioners.

(f) "Energy Project" means the installation or modification of an energy efficiency improvement or the acquisition, installation, or improvement of a renewable energy system.

(g) "Force Majeure'' means unforeseeable events beyond a party's reasonable control and without such party's failure or negligence including, but not limited to, acts of God, acts of public or national enemy, acts of the federal govemment, fire, flood, epidemic, quarantine restrictions, strikes and embargoes, labor disturbances, the unavailability of raw materials, and delays of contractors due to such causes, but only if the party seeking to claim Force Majeure takes reasonable actions necessary to avoid delays caused thereby.

(h) "Lean & Green Michigann•" shall mean a consortium of local units of government and private entities involved in facilitating PACE-financed transactions.

(i) "LEP" shall mean Levin Energy Partners, LLC, a Michigan Limited Liability Company.

G) "Municipality" means City of Jackson, its coordinate agencies and political subdivisions and their respective successors and assigns.

(k) "Owner-Arranged Financing" means the process by which a property owner secures financing for improvements to its property that does not involve bonds or any other form of funding provided by or supported by the Municipality.

(l) "PACE" shall mean Property Assessed Clean Energy as defined in Act 270.

(m) "PACE Program" shall mean a program implemented by a municipality to stimulate energy efficiency and renewable energy projects in conformity with Act 270.

(n) .. Renewable Energy Improvement'' means a fixture, product, device, or interacting group of fixtures, products, or devices on the customer's side of the meter that use one (1) or more renewable energy resources to generate electricity.

( o) "Special Assessment" means the money obligation created pw·suant to this Agreement, used to defray the cost of the Improvements and which shall, until paid, be a lien

upon the Special Assessment Parcel (as defined below) of the same priority and status as other property tax liens and other assessment liens as provided in Act 270.

(p) "Special Assessment District" means the Special Assessment District established as part of the LAGM™ PACE Program pursuant to Act 270.

( q) "Special Assessment Parcer' means the property to which one hundred percent (100%) of the Special Assessment Roll has been spread by City of Jackson and which is more pru.1icularly described on the attached Appendix D.

(r) "Special Assessment Roll" means the roll of properties with a PACE Special Assessment that sets forth a description of the property, the amount of the assessment, and the name of the person to whom the property was assessed, and as set forth by the Authorized Official, attached as Appendix E.

ARTICLE II

DESCRIPTION OF IMPROVEMENTS

Section 1.02 Description of Improvements

(a) The Improvements to be constructed, installed and financed under the PACE Program are described in Appendix H attached hereto. If after project approval, the Property Owner seeks to undertake additional Improvements, Appendix H may be amended or supplemented from time to time. Such additional Improvements must meet all the eligibility criteria of the PACE Program and may be added to the original application as a modification; or submitted as a new project at the discretion of LEP and the Authorized Official.

ARTICLE III

COVENANTS OF NAME Of ENTITY

Section 1.03 Acquisition, Construction and Installation of the Project

(a) NAME OF ENTITY' shall acquire, construct and install the Improvements as described in Appendix H.

ARTICLE IV

COVENANTS OF CITY OF JACKSON

Section 1.04 [Project specific provisions related to collection of special assessments, such provisions may include a requirement to tum over delinquent special assessments to the County Treasurer for collection as determined by the Authorized Official and LEPl.

ARTICLE V

PACE SPECIAL ASSESSMENT

Section 1.05 PACE Special Assessment Created

(a) The City Council has determined to establish a PACE Program and allow the financing of Improvements by special assessment upon the Special Assessment Parcel, which the Authorized Official under the PACE Program finds is especially benefited in proportion to the costs of the Improvements. The Special Assessment Roll has been spread by the Authorized Official and this Agreement without objection by NAME OF ENTITY to allocate one hundred percent (100%) of the special assessment levy created hereby to the Special Assessment Parcel.

(b) The PACE sfecial assessment, as allocated by the Authorized Official without objection by NAME OF ENTtT , is hereby finally established against the property and the Improvements now located or to be constructed on t~e ~l?eci.al

1Assessment Parcel as described

on the attached AppendLx D in an amount of: AMOUN 1 OJ- t: iNANC NG Dollars ($ as stated on the Special Assessment Roll attached hereto as Appendix E. The PACE special assessment is effective immediately upon the execution and delivery of this Agreement by~ or: ENTITY_ The amount of the PACE special assessment set forth in the Special Assessment Roll may be reduced as agreed between the NAME or ENTITY and City of Jackson [include any security provisions required by owner-at.Tanged financing]. The PACE special assessment may be paid pursuant to the property tax collection mechanism of City of Jackson. Delinquent PACE special assessment payments shall be twned over to the County Treasurer pursuant to the general property tax act, 1893 PA 206, MCL 21 LI to 211.155. The City Council hereby confirms the Special Assessment Roll attached hereto as Appendix E and a payment schedule for the PACE special assessment payments due attached hereto as Appendix F (the "Payment Schedule").

Section 1.06 Agrees to PACE Special Assessment; Waiver

(a) NAME OF ENTITY' hereby irrevocably agrees and confirms the creation of the Special Assessment Roll established pursuant to this Agreement and EXPRESSLY WAIVES ANY AND ALL CLAIMS CHALLENGING THE LEGALITY, VALIDITY OR COLLECTIBILITY OF THE PACE SPECIAL ASSESSMENT, including, but not limited to, claims arising from or based upon any theory of procedural defect conceming the approval of the Improvements, the establishment of the Special Assessment District, confirmation of the Special Assessment Roll and the Payment Schedule, City of Jackson's right to place the special assessment lien on the Special Assessment Parcel, the collectability and due dates of the PACE

special assessment installments, or any other theory or claim. NAME OF ENTITY further waives notice of hearing and the right to file objections.

(b) Following the signing of this Agreement, no suit or action of any kind shaJl be instituted or maintained for the ~~riose of contesting or enjoining the collection of any PACE special assessment, and NAME OF NJ TY, for itself and its successors in interest, lessees, ~~chasers, and assigns with respect to all or any part of the Special Assessment Parcel, NAME OF

JiliI!IY hereby irrevocably waives its rights to contest the PACE special assessment with any adjudicative body having jurisdiction over the subject matter, including, but not limited to, the Michigan Tax Tribunal.

(c) NAME OF ENTITY shall not sell, transfer, alienate or convey any of its interest in the Special Assessment Parcel without first having given wlitten notice of the PACE special assessment to any successors in interest, lessees, pm-chasers or assigns and made a copy as part of any purchase contract, sale contract, lease agreement, deed or any other conveyancing instrument by which NAME OF ENTITY purports to assign all or any part of its interest in the Special Assessment Parcel to any successors in interest, lessees, purchasers, and assigns. lb.is Agreement shall be recorded against the real property constituting the Special Assessment Parcel by City of Jackson with the Jackson County Register of Deeds.

(d) City agrees that following payment to City in full of the PACE special assessment, as same may be expanded and/or amended, to promptly execute and deliver documentation discharging the City's interest with respect to the property upon request of the property owner at the time of the discharge request. Until the PACE special assessment liability has been fully satisfied and the lien discharged, each purchaser of all or any part of the Special Assessment Parcel, as a condition of closing on such purchase, shall execute and deliver to the City a written notice: (i) acknowledging the principal amount unpaid and outstanding on the PACE special assessment; (ii) agreeing to the assumption of the liability to pay the PACE special assessment on a timely basis, when due, until the remaining balance and interest on said PACE special assessment has been paid in full; and (iii) acknowledging that the title insurance policy will state that the PACE special assessment has not been paid at time of closing thereon.

(e) NAME OF ENTITY agrees that it, its successors and assigns shall, during the term of this Agreement and the PACE special assessment, pay all ad valorem real property taxes

d 1 · d · h h d d NAME OF EN·my •t¥ ll · an assessments ev1e agamst t e property w en ue an ~ ~ spec1 1ca y waives, ilTevocably for itself, its successors and assigns as to any and all portions of the Special Assessment Parcel, the right to pay ad valorem real property taxes and assessments on any other installment method which may be available to property owners in City of Jackson.

Section 1.07 Lien

(a) The PACE special assessment is an obligation with respect to the Special Assessment Parcel, and shall, until paid, be and continue to be a lien upon all such property assessed for the amount of the PACE special assessment and all interest and charges apportioned to such property which may accrue thereon. Such lien shall be of the same character and effect as liens created pursuant to the General Property Tax Act, and shall be treated as such with respect to procedures for collection, including accrued interest and penalties. The PACE special

assessment confirmed hereby is a debt to City of Jackson that has been assigned to NAME OF ENTITY

and its successors in interest, lessees, purchasers and assigns. The transfer of title to all or any part of the Special Assessment Parcel shall not, in and of itself, trigger an acceleration of the PACE special assessment. No judgment or decree shall destroy or impair any lien of the City upon the premises assessed for such amount of the assessment as may have been equitably or lawfully charged and assessed thereon. Failure of NAME OF ENTITY or any subsequent property owner to receive any notice required to be sent shall not invalidate any PACE special assessment or the Special Assessment Roll and shall not be a jurisdictional requirement.

Section 1.08 Installment Payments

(a) Payments shall be made in accordance with attached Appendix F.

Section l.09 Delinquent Payments

(a) In the event the payment by NAME OF ENTITY of a PACE special assessment installment shall be due and unpaid on April 1 of the year following the due date of the special assessment NUMBER or: DA vs (_) days, then such installment shall be deemed delinquent and NAME

OF ENTITY h JI th . ddi. h . d 'b d b d . . . c. • s a pay ereon, m a tlon to t e interest escn e a ove, an a mm1strative iee m an amount equal to the product of unpaid balance due multiplied by an annual rate equal to_% over the annual rate of interest borne by the bonds, multiplied by the number of days that the same remains unpaid and then divided by 365, together with the costs of collection, including actual attorneys' fees. All such amounts shall constitute a lien against the Special Assessment Parcel. [To be modified depending on terms of owner-arranged financing].

Section l.10 Use of Assessment

(a) (To be determined based on owner-arranged financing; provided, however, the Authorized Official shall ensure that such uses include payment of any application, administration or legal fees associated with the PACE project. The Authorized Official is permitted to allow payment be made directly to the financing source and not through the traditional assessment collection process, if such change is made, conforming changes shall be made throughout the Agreement.] If the project was financed by a source other than by bonds, the assessment, as collected, may be forwarded by City of Jackson to said financing source as identified in Appendix I attached hereto to be credited towards principal and interest owed by NAME OF ENTITY to said financing source in accordance with a specific agreement entered into between NAME OF ENTITY and said financing source.

Section 1.11 lnvalidity; Cure

(a) In the event of any invalidity of the PACE special assessment because of irregularity in the proceedings, or the adjudgment of the PACE special assessment as illegal by a court of competent jurisdiction, the Authorized Official may cause a new special assessment to be made for the lmprovements, and NAME OF ENTITY, on behalf of itself and its successors in interest, lessees, purchasers, and assigns with respect to all or any part of the Improvements as reasonably determined by the City, hereby waives any objections to and agrees to the imposition of such new PACE special assessment. [Authorized Official to make modifications for owner-

arranged financing to limit discretion to change Special Assessment Roll and to obligate itself to revise the Special Assessment Roll to ensure owner-arranged financial institution is made whole.]

ARTICLE VI

CONDITIONS PRECEDENT

Section 1.12 Conditions Precedent to City of Jackson's Obligations

(a) The obligations of City of Jackson to issue and/or sell bonds under this Agreement and/or to approve owner-arranged financing between NAME OF ENTITY and a third-party financing source are subject to the following conditions precedent as required herein, or waived in writing by City of Jackson, except as specifically hereinafter provided:

(b) The City and NAME OF ENTITY shall have authorized, executed and delivered this Agreement and all approvals required hereby shall have been secured.

(c) No action, suit, groceedin~ or investigation shall be pending before any court, public board or body to which N · M E OF ENTr ·y or City of Jackson is a party, or is threatened in writing against NAME OP ENTITY or City of Jackson, contesting the validity or binding effect of this Agreement, or the PACE special assessment, which could result in an adverse decision that may have a material adverse effect upon the ability of NAME OF ENTITY to pay, or City of Jackson to levy and collect the PACE special assessments to pay the bonds or to pay a third-party financing source, including, without limitation, any determination by any agency or official as to the ability to le~ the PACE special assessments, or which would have a material adverse effect on NAME Of

ENTIT or City of Jackson's ability to comply with any of the obligations and tenns of this Agreement.

( d) There shall be no ongoing breach of any of the covenants and agreements of NAME OF ENTIJY required to have been observed or &erformed by NAME OP ENTITY under the terms of this Agreement and no Event of Default by NAME ·ENTITY or no event which with notice or the passage of time could become an Event of Default by NAME OF EN1~tTY under this Agreement shall have occurred.

(e) All documents, schedules, materials> maps, plans, descriptions and related matters which are con~e~g.lated to be made Appendices to this Agreement shall have been fully completed by NAME or- EN

1 rv to City of Jackson 's reasonable satisfaction and shall have been appended hereto.

(f) No objection shall have been made by NAME Of ENTITY or any other party claiming an interest in the Special Assessment Parcel at the City of Jackson's City Council meeting at the time the Authorized Official has spread the roll.

(g) NAME Of ENTITY shall meet all eligibility requirements as set forth in Appendix C.

(h) NAME OF ENTITY shall not have filed bankruptcy or sought the protections of any state and federal law insolvency statutes providing protections to debtors.

ARTICLE VII

REPRESENTATIONS AND WARRANTIES

Section 1.13 Representations and Warranties of City of Jackson

(a) City of Jackson represents and warrants to NAME OF ENT ITY that:

(i) The execution and delivery of this Agreement has been duly authorized by City of Jackson, and this Agreement constitutes a valid and binding agreement of the City, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency, fraudulent conveyance or other laws affecting creditors' rights generally, now existing or hereafter enacted, and by the application of general principals of equity, including those relating to equitable subordination;

(ii) Neither the execution and delivery of this Agreement nor the consummation of the transaction contemplated herein is in violation of any provision of any existing law, ordinance, rule, resolution or regulations, order or decree of any court or governmental entity, or any agreement to which City of Jackson is a party or by which the City is bound; and

(iii) The City of Jackson has taken all preliminary action necessary to empower the City to permit owner-arranged financing.

Section 1.14 Representations and Warranties of NAME OF ENTtTY

(a) NAMEoFENTiTv represents and warrants to City of Jackson that:

(i) NAME OF ENTITY is duly organized and validly existing as a TYPE OF

ENTITY in good standing under the laws of the State of Michigan, with power under the laws of this state to carry on its business as now bein~ co~~l:l~ted, and is duly qualified to do business in the State of Michigan; and NAM OF EN

111 Y has the power

and authority to own the property and carry out the obligations to complete the Improvements.

(ii) The execution and deliye7 of this Agreement will not result in a violation or default by NAME or EN 1 IT of any provision of its Alticles of Organization or Operating Agreement, or under any indenture, contract, mortgage, lien, agreement, lease, loan agreement, note, order, judgment, decree or other instrument of any kind or character to which it is a patty and by which it is bound> or to which it or any of its assets are subject.

(iii) NAME OF ENTITY represents and warrants that it is the sole and exclusive legal and equitable title owner of fee simple title to the Special

Assessment Parcel and the Improvements located, or to be located, thereon and has full legal power and authority to consent to the finalization and levying of the PACE special assessment as provided herein.

(iv) The execution and delivery of this Agreement and the consummation of the transactions contemplated hereby have been duly authorized by all requisite action, and this Agreement constitutes a valid and binding agreement enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency, fraudulent conveyance or other laws affecting creditors' rights generally, now existing or hereafter enacted, and by the application of general plinciples of equity, including those relating to equitable subordination.

ARTICLE VIII

DEFAULT

Section 1.15 NAME OF ENTITY Default

(a) If NAME or ENTITY breaches any covenant of this Agreement or any other agreement related to this Agreement and fails to pursue a cure of such breach within thirty (30) days after the written notice thereof has been received, NAME OF ENTITY shall be deemed to have committed an event of default ("Event of Default>').

Section 1.16 Remedies

(a) If NAME OF ENTITY commits an Event of Default under this Agreement, City of Jackson, after giving written notice as required, without further notice of any kind, shall be entitl.ed to seek and obtain a decree of specific performance of this Agreement from a court of competent jurisdiction; or the r ight to recover from NAME OF ENTITY any damages incurred by City of Jackson and any costs incwTed by the City in enforcing or attempting to enforce this Agreement or the PACE special assessment, including attorneys' fees and expenses; or to foreclose on the Special Assessment Parcel as set forth in State law and to sell all or any part of the Special Assessment Parcel to the extent necessary to recover any damages and costs; or any combination of the foregoing.

Section 1.17 City of Jackson's Default

(a) If the City of Jackson breaches any covenant of this Agreement or any other agreement related to the carrying out of this Agreement and fails to pursue a cure of such breach within thirty (30) days after written notice thereof has been received, City of Jackson shall be deemed to have committed an Event of Default.

Section 1.18 Remedies

(a) If the City commits an Event ofD~fault under this Agreement and NAME OF

ENTITY shalt have otherwise fully performed all of its obligations hereunder, NAME OF ENTITY, after giving written notice as required, without further notice or demand, shall be entitled to seek and

b . d f 'fi ,e, fr f · · d. · b NAME 01: ENTITY o tam a ecree o spec1 1c pen ormance om a court o competent JUns 1cbon; ut · -shall not have the right to seek to recover any mon~y damages against the City incurred by ~ OF ENTITY and any costs incmTed by NAME OF ENJ 1 T'Y against the City, including the costs of enforcing or attemftin~ to enforce this Agreement. If the City defaults in any of its express obligations, NAME 0 ' EN. ITV shall be entitled to f ursue its remedies as may be contained therein, but such default shall not negate NAME OF ENTIT obligation to pay the PACE special assessment and other costs due hereunder.

Section 1.19 Waiver

(a) Failure to act upon discovery of a default or to act upon the existence of an Event of Default, shall not constitute a waiver or right to pursue the remedies provided.

ARTICLE IX

MISCELLANEOUS

Section 1.20

(a) Except as otherwise provided in this Agreement, the terms of this Agreement shall commence on the date first written above and shall expire upon the payment in full of the PACE special assessment created herein.

Section 1.21 Assignment of this Agreement

(a) Except as provided herein, no party to this Agreement may transfer, assign or delegate to any other person or entity all or any part of its rights or obligations arising under this Agreement without the prior written consent of the other party hereto excepting as otherwise expressly provided herein.

Section 1.22 Notices

(a) All notices, certificates or communications required by this Agreement to be given shall be in writing and shall be sufficiently given and shall be deemed delivered when personally served, or when received if mailed by registered or ce1tified mail, postage prepaid, return receipt requested, addressed to the respective parties as follows:

Ifto the City: City of Jackson City Manager's Office 161 Michigan A venue Jackson, Michigan 49201

Attn:

With a copy to:

If to NAME OF ENTITY:

Attn: ----

With a copy to:

Attn:

or t? su~h o~e~ addre~s a~ s~ch fi~Y may specify by written notice. To the extent the City is advised m wntmg by 1

AME 01

ENT 1 Y of the name, address and contact person for any lender, the

City shall provide written notice to said Lender of ant def~~lt hereunder by NAME OF ENTITY

simultaneously with providing such written notice to NAM 4 OF EN i rrv.

Section 1.23 Amendment and Waiver

(a) No amendment or modification to or of this Agreement shall be binding upon any party hereto until such amendment or modification is reduced to writing and executed by each party hereto. No waiver of any term of this Agreement shall be binding upon any party until such waiver is reduced to writing, executed by the party to be charged with such waiver, and delivered to the other party hereto.

Section 1.24 Execution in Counterparts

(a) This Agreement may be executed in counterpa1ts, each of which shall be an original and all of which shall constitute the same instrument.

Section 1.25 Captions

(a) The captions and headings in this Agreement are for convenience only and in no way limit, define or describe the scope or intent of any provision of this Agreement.

Section 1.26 Applicable Law

(a) This Agreement shall be govemed in all respects, whether as to validity, construction, pe1fo1mance and otherwise, by the laws of the State of Michigan.

Section 1.27 Mutual Cooperation

(a) Each party to this Agreement shall take all actions required of it by the terms of this Agreement as expeditiously as possible and shall cooperate to the fullest extent possible with the other party to this Agreement. Each party to this Agreement shall exercise

reasonable diligence in reviewing, approving, executing and delivering all documents necessary to accomplish the purposes and intent of this Agreement. Each party to this Agreement also shall use its best eff 01ts to assist the other party to this Agreement in the discharge of its obligations hereunder and to assure that all conditions precedent to the issuance of the bonds and/or other financing arrangements are satisfied.

Section 1.28 Binding Effect

(a) This Agreement, being for the benefit of the property, shall be binding upon the parties hereto and upon their respective successors and assigns.

Section 1.29 Force Majeure

(a) No party hereto shall be liable for the failure to perform its obligations hereunder if said failure to perform is due to Force Majeure. Said failure to perform shall be excused only for the period during which the event giving rise to said failure to perf01m exists; provided, however, that the party seeking to take advantage of this Section shall notify the other paity in writing, setting forth the event giving rise to said failure to perform, within five (5) business days after the occunence of said event.

Section 1.30 Entire Agreement

(a) This Agreement and the agreements and documents specifically referenced herein, contain all agreements between the parties. There are no other representations, warranties, promises, agreements or understandings, oral, written or implied, among the parties, except to the extent reference is made thereto in this Agreement.

[SIGNATURES ON THE FOLLOWING PAGE]

IN WITNESS WHEREOF, City of Jackson and NAM£ OF ENTITY have caused this PACE Special Assessment Agreement to be duly executed and delivered as of the date first written above.

State of Michigan ) ) SS

County of Jackson )

By: ----------• a Michigan

By: ___ ________ _

Signature of: ______ _ Its: Authorized Signatory

City of Jackson, Michigan Municipal corporation

By: ___________ _ Signature of: Patrick H. Burtch Its: City Manager

The foregoing instrument was acknowledged before me this __ day of ___ , 20 __ , by __________ the Authorized Signatory of on behalf of the -------

Notary Public ____ _ ____ County, Michigan My commission expires _____ _

State of Michigan ) ) SS

County of Jackson )

The foregoing instrument was acknowledged before me this __ day of ___ , 20 __ , by ---------- the Authorized Signatory of on behalf of the -------

Notary Public _________ County, Michigan My commission expires _____ _

APPENDIXB

PACE Program Application APPENDIXB

Lean & Green Michigan™ PACE Program Application

Public Act 270 of 20 I 0 ("Act 270") authorizes local units of government to adopt Property Assessed Clean Energy ("PACE") programs to promote the installation of energy efficiency improvements and renewable energy systems by owners of commercial or industrial property within a district designated by City of Jackson. Act 270 allows private commercial lenders to finance energy projects and authorizes local units of government to issue bonds, notes and other indebtedness. Act 270 authorizes the assessment of properties for the cost of the energy projects and provides for repayment to local governments through a voluntary property assessment. The property assessment remains with the property and has the same priority as other property tax and assessment liens in the event of foreclosure.

LAGM has developed a PACE program that provides voluntary special assessments for certain energy efficiency improvements and renewable energy systems that are associated with real property.

The prope1ty eligibility requirements are as follows:

Property is privately owned commercial or industrial real property within City of Jackson's jurisdictional boundaries, which may be owned by any individual or private entity, whether for-profit or non-profit. MCL 460.933(g). Multi-family residential property is included in the definition of commercial property.

There are no delinquent taxes, special assessments, or water or sewer charges on the property. The Authorized Official at his discretion may disqualify properties that although not currently delinquent, have been delinquent within six months of the application's submission. MCL 460.941(2)(a).

There are no delinquent assessments on the property under a PACE program. MCL 460.941 (2)(b ).

The term of assessment shall not exceed the lesser of the useful life of the energy project paid for by the assessment or 25 years. Projects that consist of multiple energy efficiency improvements or renewable energy systems with varying lengths of useful life may blend the lengths to determine an overall assessment term that does not exceed the useful lite of the improvements in aggregate. MCL 460.939(i).

An appropriate ratio must be determined for the amount of assessment in relation to the assessed

value of the property. The ratio of the amount of the assessment to the market value of the property must be appropriate and shall be set forth in the PACE Special Assessment Agreement for each project. Additionally, the overall indebtedness on the property must be appropriate. In calculating the appropriate ratios, the property owner and the lender providing the financing may determine the market value of the property using either: l) the market value of the property before the PACE project as agreed to by the property owner and the lender providing the financing using a proper measure such as a recent appraisal or two times the State Equalized Value; or 2) the market value of the property upon completion of the PACE project as agreed to by the property owner and the lender providing the financing using a proper measure such as an appraisal of the futw·e value of the property or as determined based on the cun-ent market value of the property plus 75% of the value of the PACE project. In calculating the appropriate ratio of the amount of the assessment to the market value of the property, the cost of the energy project (excluding closing costs and interest) shall generally not exceed 25% of the market value of the property. In calculating the approp1iate ratio of total indebtedness on the property, if the property owner and the lender providing financing calculate an approp1iate ratio using the market value of the property before the PACE project, prior debt secured by the building plus the PACE loan shall generally not exceed 95% of the market value of the property. If the property owner and the lender providing financing calculate an appropriate ratio using the market value upon completion of the PACE project, prior debt secured by the building plus the PACE loan shall generally not exceed 90% of the market value of the property. LEP and the Authorized Official may pennit projects that exceed these values for reasonable cause on a case-by-case basis, and in such cases must include a letter of explanation as an addendum to the Special Assessment Agreement.

Written consent from the mortgage holder must be obtained if the property is subject to a mortgage. MCL 460.939(k).

A baseline energy audit must be conducted for the property that is approved by LEP and the Authorized Official. Such approval may be granted retroactively if the audit meets the standards of LEP. MCL 460.939(0).

For projects financed for more than $250,000, a perfonnance guarantee must be provided by the contractor(s) to guarantee a savings to investment ratio greater than one (1). MCL 460.939(p). The performance guarantee must meet the standards set by LEP.

For projects financed for more than $250,000, an agreement to conduct annual energy and financial audits must be established with committed financial and logistical arrangements for ongoing verification and measurement of energy savings that meet standards set by LEP. MCL 460.939(p).

Bonds or notes issued under Act 270 shall not be general obligations of the local unit of government, but shall be secured by the voluntary assessments and other security mechanisms provided in the statute. MCL 460.945(2).

The applicant assumes all risk with respect to the implementation of a PACE Program in respect of the applicant's property. City of Jackson is an accommodation party only, and is providing access to the PACE Program so as to enable property owners to make decisions regarding energy improvements to their property in a manner which allows the property owner to make the improvements in a cost-effective manner and for the property owner's benefit.

Energy projects that may be eligible for PACE assessments include, but are not limited to: equipment, devices, or materials intended to decrease energy consumption, including: insulation in walls, roofs, floors, foundations, or heating and cooling distribution systems; stonn windows and doors; multi­glazed windows and doors; heat-absorbing or heat-reflective glazed and coated window and door systems; and additional glazing, reductions in glass area, and other window and door system modifications that reduce energy consumption; automated energy control systems; heating, ventilating, or air-conditioning and distribution system modifications or replacements; caulking, weather-stripping, and air sealing; replacement or modification of lighting fixtures to reduce the energy use of the lighting system; energy recovery systems; day lighting systems; installation or upgrade of electrical wiring or outlets to charge a motor vehicle that is fully or partially powered by electricity; measures to reduce the usage of water or increase the efficiency of water usage; any other installation or modification of equipment, devices, or materials approved as a utility cost-savings measure by the Board of Commissioners; and a fixture, product, device, or interacting group of fixtures, products, or devices on the customer's side of the meter that use one (I) or more renewable energy resources to generate electricity, but does not include an incinerator or digester.

Mail or deliver your application and attachments to :

Attention: Program Administrator for City of Jackson PACE Program c/o Levin Energy Partners, LLC 3400 Russell Street, Suite 255 Detroit, MI 48207

Applications and attachments may also be emailed to the Program Administrator through the webpage www.leanandgreenmi.com. For questions regarding the status of your application please contact the Program Administrator at 313.444.1474.

PACE Program Application

Property and Property Owner Information

1. Property Parcel Legal Name(s) (as they appear on property tax records)

Parcel #: Click here to enter text. Address: Click here to enter text. Owner: Click here to enter text. (Legal name)

2. Property Type (Check all that apply)

D Commercial D Grocery/convenience store 0 Health care/clinic 0 Mixed use 0 Multi-family unit (3 or more)

0 Office D Retail 0 Restaurant 0 Recreational

0 Warehouse 0 Other - Please describe Click here to enter text.

D Industrial D Agricultural D Nonprofit

3. Property Owner(s) Contact Information

Contact Name: Click here to enter text. (Person that will sign loan documents) Company Name: Click here to enter text. (As it should appear in legal documents) Address: Click here to enter text. E-mail Address: Click here to enter text. Telephone Number: Click here to enter text.

4. Property Owner(s) Type

0 0

Individual Corporation

5. Property Valuation

D D

State Equalized Value (SEV): NA Date ofSEV: NA

LLP 501C3

D D

LLC Other (please specify)

Appraisal: Click here to enter text. Date of Appraisal: Click here to enter text.

6. Existing Liens Against Property (tax. special assessment, water or sewer charges, etc.)

Amount $ Click here to enter text. $Click here to enter text. $ Click here to enter text.

Type Click here to enter text. Click here to enter text. Click here to enter text.

End Date Click here to enter text. Click here to enter text. Click here to enter text.

Total Dollar Amount of Liens Against Property: Click here to enter text.

7. Balance of Any Mortgage(s):

First Mortgage

Second Mortgage

Additional Debt oo Property

Amount of Mortgage $ Click here to enter text.

$Click here to enter text.

$ Click here to enter text.

Name of Mortgage Holder Click here to enter text.

Click here to enter text.

Cl.i.ck here to enter text.

8. Consent: Consent by mortgage holder(s) obtained, if subject to a mortgage. D Yes

Attach: 0 Title Report 0 Appraisal 0 Property Tax Record 0 Mortgage Lender Consent D Mortgage Statement

Energy Project Information

1. PACE Project Developer (If you do not have a PACE project developer, contact Lean & Green Michigan)

Name: Click here to enter text. Address: Click here to enter text. E-mail Address: Click here to enter text. Telephone Number: Click here to enter text. Other Contractors: Click here to enter text.

2. Overall Energy Project Cost: Click here to enter text.

3. Savings to Investment Ratio (as provided in Energy Savings Guarantee)* 3a. Year 1: Click here to enter text. 3b. Overall: Click here to enter text.

4. Useful Life of Energy Project Measures: Click here to enter text.

5. User ID for Energy Star Portfolio Manager (for property): Click here to enter text.

Attach: D Baseline energy audit performed on the property

D Final scope of work, including useful life calculations of individual measures

D Cash flow analysis using LEP model

D Energy savings guarantee contract between project developer/contractor and property owner

PACE Loan Details

1. PACE Lender/Capital Provider (lfyou do not have a PACE lender, contact Lean & Green Michigan)

Name: Click here to enter text. Address: Click here to enter text.

E-mail Address: Click here to enter text. Telephone Number: Click here to enter text.

2. Requested Assessment Amount

Energy Project Cost: Energy Audit Engineering/ Architect Plans Building Permit Fees Other (Please explain) Total Assessment Amount:

$ Click here to enter text. $Click here to enter text. $ Click here to enter text. $ Click here to enter text. $Click here to enter text. $Click here to enter text. (total of all lines above)

3. Requested Assessment Repayment Period: Click here to enter text.

4. Interest Rate Offered By Lender: Click here to enter text.

AU Attachments to Application: D Appraisal

D Baseline energy audit performed on the property, including useful life calculations of individual measures.

D Cash flow analysis using LEP model

D Energy savings guarantee contract between project developer/contractor and property owner D Lender Consent from Mortgage Holder D Mortgage Statement

D Property Tax Record D Title Report

APPENDIXC

Program Eligibility Checklist APPENDIXC

PROGRAM ELIGIBILITY CHECKLIST

Property is privately owned commercial or industrial real property within City of Jackson's jurisdictional boundaries, which may be owned by any individual or private entity, whether for-profit or non-profit. MCL 460.933(g). Multi-family residential property is included in the definition of commercial property.

There are no delinquent taxes, special assessments, or water or sewer charges on the property. The Authorized Official at his discretion may disqualify properties that although not currently delinquent, have been delinquent within six months of the application's submission. MCL 460.941(2)(a).

There are no delinquent assessments on the property under a PACE program. MCL 460.941(2)(b).

The term of assessment shall not exceed the lesser of the useful life of the energy project paid for by the assessment or 25 years. Projects that consist of multiple energy efficiency improvements or renewable energy systems with varying lengths of useful life may blend the lengths to determine an overall assessment term that does not exceed the useful life of the improvements in aggregate. MCL 460.939(i).

An appropriate ratio must be determined for the amount of assessment in relation to the assessed value of the property. The ratio of the amount of the assessment to the market value of the propet1y must be appropriate and shall be set forth in the PACE Special Assessment Agreement for each project. Additionally. the overall indebtedness on the property must be appropriate. In calculating the appropriate ratios, the property owner and the lender providing the financing may detennine the market value of the property using either: I) the market value of the property before the PACE project as agreed to by the property owner and the lender providing the financing using a proper measure such as a recent appraisal or two times the State Equalized Value; or 2) the market value of the property upon completion of the PACE project as agreed to by the property owner and the lender providing the financing using a proper measure such as an appraisal of the future value of the property or as determined based on the current market value of the property plus 75% of the value of the PACE project. In calculating the appropriate ratio of the amount of the assessment to the market value of the property, the cost of the energy project (excluding closing costs and interest) shall generally not exceed 25% of the market value of the property. In calculating the appropriate ratio of total indebtedness on the property. if the property owner and the lender providing financing calculate an appropriate ratio using the market value of the property before the PACE project, prior debt secured by the building plus the PACE loan shall generally not exceed 95% of the market value of the property. If the property owner and the lender providing financing calculate an appropriate ratio using the market value upon completion of the PACE project, prior debt secured by the building plus the PACE loan shall generally not exceed 90% of the market value of the property. LEP and the Authorized Official may permit projects that exceed these values for reasonable cause on a case-by­case basis, and in such cases must include a letter of explanation as an addendum to the Special Assessment Agreement. The ratio will be determined on a project-by-project basis by LEP and shall not exceed 25% of the State Equalized Value without written approval of the Authorized Official. MCL 460.9390).

Written consent from the mortgage holder must be obtained if the property is subject to a mortgage. MCL 460.939(k).

A baseline energy audit must be conducted for the property that is approved by LEP and the Authorized Official. Such approval may be granted retroactively if the audit meets the standards of LEP. MCL 460.939(0).

For projects financed for more than $250,000, a perfonnance guarantee must be provided by the contractor(s) to guarantee a savings to investment ratio greater than one (1). MCL 460.939(p). The perfonnance guarantee must meet the standards set by LEP.

For projects financed for more than $250,000, an agreement to conduct annual energy and financial audits must be established with committed financial and logistical arrangements for ongoing verification and measurement of energy savings that meet standards set by LEP. MCL 460.939(p).

APPENDIXD

PACE Special Assessment Parcel APPENDIXD

SPECIAL ASSESSMENT PARCEL WHICH IS ENCUMBERED BY THE PACE SPECIAL ASSESSMENT ROLL

[PROJECT SPECIFIC]

Tax Parcel l.D. No.: _________ _

APPENDIX E

PACE Special Assessment Roll APPENDIXE

PACE SPECIAL ASSESSMENT ROLL

[PROJECT SPECIFIC] PACE Project Special Assessment

Parcel Number:

Address:

City:

Owner:

Assessment:

Percent:

I certify that the above is the special assessment role created for the PACE project referenced in this document in the applicable township, city, village, or applicable entity, in the State of Michigan, subject to payment of special assessment as outlined in Appendix D of this document.

{INSERT CITY ASSESSOR] City of Jackson Assessor

Dated

APPENDIXF

PAYMENT SCHEDULE

[PROJECT SPECIFIC]

Payment Schedule APPENDIXF

Lender Consent and Acknowledgement APPENDIXG

APPENDIXG

Lender Consent and Acknowledgement of Owner Participation in City of Jackson, Michigan PACE Program 1

This acknowledgement is grante~ . ' _, 20_, by NAME OF MORT(iAGE HOLDER (the "Lender"), and for the benefit of NAME OF EN lll v (the "Property Owner"), and City of Jackson in the State of Michigan.

Recitals

A. Pw·suant to Public Act No. 270 of 2010, City of Jackson established the City of Jackson Property Assessed Clean Energy ("PACE") Program on __:> 20_, by RESOLUTION # to promote installation of energy efficiency improvements and/or renewable energy systems.

B. The Property Owner has applied to the Program to finance the amolUlt of$ AMOUNT oi: FINANCING, to be paid back as an assessment on Property Owner's real &roperty, described in Appendix D attached hereto (the "Property"), over a period of NUMBER OF v · ARS years.

C. Owner has previously executed a mortgage, dated , 20 , to the Lender, covering the Property, to secure a promissory note in the sum of$ AfVfOUNT Or-TIYAN, and recorded on ____ , 20_ at Liber _, Page __ , Jackson County Register of Deeds.

D. Repayment by the Property Owner lUlder the PACE Special Assessment Agreement will be a statutory assessment levied against the Property notice of which shall be recorded against the Property in the Office of the Register of Deeds for ColUlty of Jackson, Michigan, and which assessment, together with interest and any penalties, shall constitute a lien (the "Lien'» on the Property, and shall be collected subject to the terms agreed to between the parties and as contained in the PACE Special Assessment Agreement.

Consent and Acknowledgement

Lender acknowledges that it has been informed of the Property Owner's participation in the City of Jackson PACE Program, and agrees that Property Owner's execution of the PACE Special Assessment Agreement will not constitute a default under Lender's Deed of Trust.

Execution of this Consent and Acknowledgement by Lender's representative shalt constitute full and complete consent to the Property Owner's participation in the City of Jackson PACE Program.

1 If property being improved has no mortgage, please submit documentation demonstrating such.

N rune of Lender: Date: ------- -------

By: __________ _

Title: -----------

ST ATE OF MICHIGAN ) ) SS

COUNTY OF JACKSON )

The foregoing instrument was acknowledged before me this _ day of ___ , 20 __, by _______ , on behalf of ______ _

______ _, Notary Public ______ County, State of ___ _ Acting in County My Commission Expires:

APPENDIXH

Description of Improvements APPENDIXH

DESCRIPTION OF IMPROVEMENTS

[PROJECT SPECIFIC]

HUMAN RELATIONS COMMISSION Meeting Minutes

July 18, 2018 City Hall

161 W. Michigan Ave. Jackson, MI 49201

Meeting called to order at 6:35 p.m. by John Hawthorne followed by Roll Call by S. Mure. Members Present: Miriam Brown Dorsey, Jessica Embury, John Hawthorne, Russell Jennings, and Suzanne Mure. Members Absent: Valerie Cochran-Toops, Melissa Morse. Ex Officio Present: Cheryl Ragland, Krissy Kerwin, James Johnson Jr. Staff: John Willis. Adoption of the Agenda: Motion by M. Brown Dorsey, 2nd by J. Embury. Motion carried. Citizen Comment: Israel Gray, seeking options for Mental Health for kids ages under ten. Nikki Joly, Invitation to Jackson Pride on August 18, 2018, 11 a.m. Asking for support and attendance for the Rally Pride from HRC with 10 a.m. set-up time and hours 10 a.m. -2 p.m. Approval of Minutes: Motion to amend by J. Embury, 2nd by M. Brown Dorsey. Motion carried with corrections. Community Liaison Police Officer: Director/Chief Hitt reported on Gus Macker and how well it went. Body Cameras goal met by July 1st, and if any questions on the policy to please ask. New cadets, four positions and a conditional offer made. Two positions August 6th, and two in October, all Jackson local residents. Officer Tinklepaugh anticipated to return to duty in August. Michigan Youth Leadership had 22 youth start and 19 finished the full academy. It was well attended and JPD officer assisted. Michigan State Police (MSP) does this every year and this was the first year for Jackson County. Would like to offer locally besides the MSP and a rough cost of about $20,000.00 to possibly host. Committee Reports: Events/Public Relations:

A. Back To School Event noted we were approved for the vitality grant from Henry Ford $750.00. Still need vendors and looking for more. An Interview with JTV is set for August 2nd.

B. The Harold White Event, solicitation sheets in process to get sponsors. The goal is for each commissioner to get 5 sponsors and the forms will be emailed to us.

C. Community Forum, details to come later in the meeting.

HRC Meeting Minutes Page 2 July 18, 2018

D. Candidate Forum, still in the works.

Policy Committee: Looking to make sure ordinances updated and meets open meetings details for further clarity, also adding NDO language. Councilman Alexander also looking to add Protected classes to four other ordinances. Will need to have recommendations reviewed with information to go forward. The language was read at City Council and will be emailed to the HRC. Project Committee: Meeting with Jackson Community Foundation on June 26, and covered an overview with the community. Good information also with the Youth Council, Recruit, Marketing and Mentoring. Presentation by Cindy Bellow and Emma Grace on the Youth Advisory Council. C. Ragland seeking approval for HRC to create a letter of intent for a grant application with notification if granted to HRC by the third week of November. If HRC accepts, will meet with City Attorney for letter of intent to move to City Council for approval. Motion made to approve the HRC Youth Council by M. Brown Dorsey, 2nd by J. Embury. Motion carried. Motion to authorize the Project Development Committee to create a letter of intent with the City Attorney with relevant data to be provided to apply for a grant from Jackson Community Foundation, pending City Council and Mayor approval. Motion by J. Embury, 2nd by R. Jennings. Motion carried. A meeting is set up with M. Brown Dorsey, C. Ragland, J. Willis, and City Manager P. Burtch for next Tuesday on pay gap disparity. Once the meeting takes place, will move forward. Projects goals will be met for this year.

Nominating Committee: The committee met on July 18, 2018 at 5 p.m. with interviews held. Motion made by R. Jennings to have the chair submit recommendations to the Mayor for Julia Josling and Cheryl Ragland to be added as commissioners to the HRC. J. Embury 2nd the motion. The motion carried. Noted that seeking to fill and reaching out to the community for the Ex-Officio positions should approval by City Council go through. Discussion of possible expansion of the HRC board also in discussion.

HRC Meeting Minutes Page 3 July 18, 2018 Old Business:

A. Calendar provided by the Chair and reviewed. Notes taken and will be updated. Community Forum set for July 30th at Boos Center. Guest Mark Stanley from SDRS with information for the forum on Structural Institutional Racism. He stated he is checking with SDRS grant programs on starting the discussion. He agreed to assist facilitate the forum. Possible Ward discussion to share to the full community. Changes possible to making the forum a workshop planning with public input.

New Business: None Commissioner Comments: Motion to request HRC to put an ad in for the Harold White event in the Southside Reunion program with amount approval. Motion by J. Embury, 2nd from M. Brown Dorsey. Motion carried. NAACP Freedom Fund information provided. Motion to request a table the NAACP Freedom Fund Banquet on October 14, 2018 for the HRC. Motion by J. Embury, 2nd from M. Brown Dorsey. Motion Carried. With quorum, J. Hawthorne, S. Mure, J. Embury, M. Brown Dorsey for motion made to promote and share the SDRS fundraiser to support the expungement fair on the HRC Facebook page. Motion made by J. Embury, 2nd by M. Brown Dorsey. Motion carried. Motion to Adjourn: Motion to adjourn made by R. Jennings, 2nd by M. Brown Dorsey. Motion carried. Respectfully submitted,

Suzanne Mure HRC Secretary

Jackson Public Arts Commission Minutes for July 17, 2018

10th Floor Conference Room City Hall 161 W. Michigan Ave., Jackson, Michigan

Commissioners: Chair Stacy Harrison, Co-Chair Kim Curtis, Brenda Pilgrim, Colleen Sullivan, Michelle McClellan, Melissa Morse Guest: Janet Meyer-Jackman, Trailhead Sculpture Committee Absent: Olivia Trombley (excused), Patrick Burtch, Kelli Hoover Call to Order by Chair Harrison 5:38 pm Public Comment None Approval of Consent Agenda Sullivan moved to move funding update to top of agenda action items. Curtis second. All in favor. Chair Comment Harrison asked for commissioners to send information regarding public art to her so it can be shared via social media. She also asked for biographies and photographs of commissioners. Action Items Funding Updates – Sullivan. Budget report consistent with expectations regarding funds allocated to JPAC and rollover of remaining grant funds. A “Revolving Sculpture Fund” is to be established. Sullivan beginning to investigate possible sponsors. Discussion of Kibby Road roundabout and selection process for sculpture there, role of JPAC, and budget. Presentation and discussion of Trailhead sculpture applicants. Thorough discussion and review of top 3 proposals as recommended by committee (11 different artists submitted a total of 28 pieces in response to RFP). Phone conversation with 3 finalists. Harrison moved, Morse second to select proposal from [ ]. All in favor. Meyer-Jackman explained rest of process. Meyer-Jackson to contact other applicants to inform them of outcome. Review of New Project Applications None Review of New Commissioner Applications Two vacant seats to fill. PROJECT TIMELINES

Community Pop-Up Art Project – Morse. Panels are being painted. Low turnout at kick-off event, attributed to bad weather. One business owner has expressed disapproval of project; Morse explained its purpose. New Items None Adjourn Motion to adjourn by Harrison, second by More. All in favor. Meeting adjourned 7:19 pm

CITY COUNCIL MEETING MINUTES August 14, 2018

CALL TO ORDER: The Jackson City Council met in regular session in the City Hall and was called to order at 6:30 p.m. by Mayor Derek J. Dobies. PLEDGE OF ALLEGIANCE AND INVOCATION: The Council joined in the Pledge of Allegiance. Mayor Derek Dobies offered a moment of silence. ROLL CALL:

Present: Mayor Derek J. Dobies, Councilmembers Arlene Robinson, Freddie

Dancy, Jeromy Alexander, Craig Pappin, and Colleen Sullivan. Absent: None. Also present: City Manager Patrick Burtch, City Clerk Andrea Muray, City Attorney Bethany Smith, City Assessor Jason Yoakam, Director of Police and Fire Services Elmer Hitt, City Engineer Jon Dowling, and Director of Neighborhood and Economics Operations Jennifer Morris.

ADOPTION OF AGENDA: Motion was made by Councilmember Pappin, seconded by Councilmember Sullivan to approve the agenda. Votes – Yeas: Mayor Dobies, Councilmember Robinson, Dancy, Alexander, Pappin, Sullivan (6). Nays: none. Motion carried. EXECUTIVE SESSION:

Motion was made by Councilmember Pappin, seconded by Councilmember Dancy to adjourn to executive session. Votes – Yeas: Mayor Dobies, Councilmember Robinson, Dancy, Alexander, Pappin, Sullivan (6). Nays: none. Motion carried. RETURN TO OPEN SESSION:

August 14, 2018 2

Motion was made by Councilmember Pappin, seconded by Councilmember Robinson to return to open session. Votes – Yeas: Mayor Dobies, Councilmember Robinson, Dancy, Alexander, Pappin, Sullivan (6). Nays: none. Motion carried.

PRESENTATIONS/PROCLAMATIONS:

A. Presentation by Edward Thayer regarding a sculpture for the Martin

Luther King Trailhead located on the corner of Washington Avenue and Cooper Street. 1. Recommendation: Approve a contract for the creation and installation of a

sculpture at the Martin Luther King Trailhead located on the corner of Washington Avenue and Cooper Street to Edward Thayer, Jackson, in the amount of $30,000.00, in accordance with the recommendation of the Jackson Public Arts Commission.

Motion was made by Councilmember Sullivan, seconded by Councilmember Dancy to approve the contract. Votes – Yeas: Mayor Dobies, Councilmember Robinson, Dancy, Alexander, Pappin, Sullivan (6). Nays: none. Motion carried.

PUBLIC HEARINGS:

Recess as a City Council and convene as a Board of Review. A. Meterless Parking for 2018-2019:

Public hearing on Special Assessment Roll No. 4282 for Meterless Parking 2018-2019. 1. Consider a resolution confirming Roll No. 4282.

David Lammers of 159 W. Michigan Avenue, Donald Webb of 101 W. Michigan Avenue, St. Paul Episcopal Church at 309 S Jackson St all sent correspondence in opposition to the special assessment. Motion was made by Councilmember Sullivan, seconded by

Councilmember Pappin to approve the resolution confirming the Roll. Votes – Yeas: Mayor Dobies, Councilmember Robinson, Dancy, Alexander, Pappin, Sullivan (6). Nays: none. Motion carried.

Adjourn as a Board of Review and reconvene as a City Council. B. Public Hearing for the Necessity of Street Resurfacing Thompson Street

from South End to Wildwood Avenue. Hold a public hearing for the necessity of street resurfacing on Thompson Street from south end to Wildwood Avenue.

August 14, 2018 3

1. Resolution ordering construction and preparation of the special

assessment roll.

Motion was made by Councilmember Sullivan, seconded by Councilmember Pappin to move for discussion. Votes – Yeas: Councilmember Robinson, Alexander, Pappin, Sullivan (4). Nays: Councilmember Dancy (1). Abstained: Mayor Dobies (1). Motion carried.

C. Public Hearing for the Necessity of Street Resurfacing on Higby Street from the South End to Daniel Road. Hold a public hearing for the necessity of street resurfacing on Higby Street from south end to Daniel Road. 1. Resolution ordering construction and preparation of the special

assessment roll.

Motion was made by Councilmember Sullivan, seconded by Councilmember Robinson to approve the resolution ordering the construction and preparation of the special assessment roll. Votes – Yeas: Mayor Dobies, Councilmember Robinson, Alexander, Pappin, and Sullivan (5). Nays: Councilmember Dancy (1). Motion carried.

D. Public Hearing for the Necessity of Street Resurfacing on Durand Street from Morrell Street to Wildwood Avenue. Hold a public hearing for the necessity of street resurfacing on Durand Street from Morrell Street to Wildwood Avenue. 1. Resolution ordering construction and preparation of the special

assessment roll.

Motion was made by Councilmember Pappin, seconded by Councilmember Alexander to approve the resolution ordering the construction and preparation of the special assessment roll. Votes – Yeas: Mayor Dobies, Councilmember Robinson, Alexander, Pappin, and Sullivan (5). Nays: Councilmember Dancy (1). Motion carried.

E. Public Hearing for the Necessity of Street Resurfacing on Grinnell

Street from Gettysburg Avenue to Michigan Avenue. Hold a public hearing for the necessity of street resurfacing on Grinnell Street from Gettysburg Avenue to Michigan Avenue. 1. Resolution ordering construction and preparation of the special

assessment roll.

August 14, 2018 4

Motion was made by Councilmember Sullivan, seconded by Councilmember Pappin to approve the resolution ordering the construction and preparation of the special assessment roll. Votes – Yeas: Mayor Dobies, Councilmember Robinson, Alexander, Pappin, and Sullivan (5). Nays: Councilmember Dancy (1). Motion carried.

CITIZEN COMMENTS:

Citizen comments were heard. A recess was taken from 8:55 p.m.-9:00 p.m. after which citizen comments continued.

PETITIONS & COMMUNICATION FROM CITY STAFF AND OTHER GOVERNMENTAL ENTITIES:

A. 2018 July Board of Review Minutes.

Recommendation: Accept and place on file the 2018 July Board of Review Minutes.

Motion was made by Councilmember Pappin, seconded by Councilmember Dancy to accept and place on file. Votes - Yeas: Mayor Dobies, Councilmembers Robinson, Dancy, Alexander, Pappin, and Sullivan (6). Nays: none. Motion carried.

B. City Summary of Revenue and Expenditures. Recommendation: Accept and place on file the City of Jackson’s summary of revenue and expenditures for twelve (12) months ended, June 30, 2018.

Motion was made Councilmember Pappin, seconded by

Councilmember Alexander to accept and place on file. Votes - Yeas: Mayor Dobies, Councilmembers Robinson, Dancy, Alexander, Pappin, and Sullivan (6). Nays: none. Motion carried.

C. CDBG and HOME Financial Summaries through June 30, 2018.

Recommendation: Accept and place on file the Community Development Block Grant (CDBG) and HOME Financial Summaries through June 30, 2018.

Motion was made by Councilmember Pappin, seconded by

Councilmember Sullivan to accept and place on file. Votes – Yeas: Mayor Dobies, Councilmembers Robinson, Dancy, Alexander, Pappin, and Sullivan (6). Nays: none. Motion carried.

CONSENT CALENDAR:

A. Minutes of the Regular Meeting of July 17, 2018:

August 14, 2018 5

Approve the minutes of the regular City Council meeting of July 17, 2018.

B. Minutes of the Special Meeting of July 31, 2018: Approve the minutes of the special City Council meeting of July 31, 2018.

C. Minutes of the Special Meeting of August 6, 2018: Approve the minutes of the special City Council meeting of August 6, 2018.

D. DDA Resignation: Receipt with regret the resignation of Karen Bunnell from the Downtown Development Authority.

E. Public Arts Commission Resignation: Receipt with regret the resignation of Karysa Trombley from the Public Arts Commission.

F. Public Arts Commission Resignation: Receipt with regret the resignation of Stacy Harrison from the Public Arts Commission.

G. Ella W. Sharp Park Board of Trustees Resignation: Receipt with regret the resignation of Timothy Kelly from the Ella W. Sharp Park Board of Trustees.

H. Civil Service Commission Reappointment: Mayor’s recommendation to reappoint Sheila Patterson to the Civil Service Commission for a three year term, beginning September 1, 2018, and ending August 31, 2021.

I. Human Relations Commission Appointments: Mayor’s recommendation to appoint Cheryl Ragland to the Human Relations Commission, filling a current vacancy, beginning immediately, and ending December 31, 2018, and to appoint Julia Josling to the Human Relations Commission, filling a current vacancy, beginning immediately and ending December 31, 2020, in accordance with the Human Relations Commission recommendation.

J. Ella W. Sharp Park Board of Trustees Appointments: Mayor’s recommendation to appoint Russell Davis to serve as Trustee to the Ella Sharp Park Board of Trustees to fulfill an existing vacancy with a term ending October 31, 2018, and to appoint Danielle Dobies to serve as Trustee to the Ella Sharp Park Board of Trustees to fulfill an existing vacancy with a term ending January 31, 2020.

K. Good News Event:

August 14, 2018 6

Approve a request from Jackson Gospel Hall to conduct their Good News event on Saturday, August 25, 2018, from 5:45 p.m. to 6:45 p.m. at CP Federal Square and Horace Blackman Park.

L. PCG Sunday Service to the City: Approve a request from Pentecostal Church of God to conduct their PCG Sunday Service to the City on Sunday, August 19, 2018, from 10:00 a.m. to 3:00 p.m. at Horace Blackman Park and CP Federal City Square.

M. AARP Shred Event: Approve a request from AARP Michigan to conduct their AARP Shred event on Thursday, August 30, 2018, from 2:00 p.m. to 6:30 p.m. in City Lot #3.

N. Cascades End of Summer Celebration: Approve a request from Jackson County Parks Department to conduct its Annual End of Summer Celebration event on Saturday, September 1, 2018, from 9:00 a.m. to 11:00 p.m. at Cascades Falls Park.

O. Annual Grand River Clean-up: Approve a request from Grand River Environmental Action Team (GREAT) to conduct their Annual Grand River Clean-up on September 8, 2018, at 7:00 a.m. at the Consumers Energy’s Amphitheatre and Parking Garage, Lions Park, and R.A. Greene Park.

P. Juvenile Diabetes Research Foundation – JDRF One Walk: Approve a request from Juvenile Diabetes Research Foundation to conduct its 20th Annual JDRF One Walk event on Saturday, September 8, 2018, from 8:00 a.m. to 12:00 p.m., at Ella Sharp Park near the Carters Corner.

Q. Walk to End Alzheimer’s: Approve a request from the Alzheimer’s Association to conduct their Walk to End Alzheimer’s event on Friday, September 14, 2018, from 1:00 p.m. to 7:30 p.m., at the CP Federal Square and Horace Blackman Park in downtown Jackson.

R. Prince Hall Americanism Day: Approve a request from St. Nicholas Lodge #12 to conduct their Prince Hall Americanism Day event on September 16, 2018, from 1:15 p.m. to 6:00 p.m., at the MLK Center, and Second Missionary Baptist Church.

S. Heart of a Lion 5k Run: Approve a request from the Jackson Area 19 Special Olympics to conduct their Heart of a Lion 5k Run event on October 16, 2018, in Ella Sharp Park from 6:00 a.m. to 12:00 p.m.

Motion was made by Councilmember Pappin to remove item J for separate consideration. Motion was made by Councilmember Alexander, seconded by Councilmember Pappin to approve the amended consent

August 14, 2018 7

calendar. Votes - Yeas: Mayor Dobies, Councilmembers Robinson, Dancy, Alexander, Pappin, and Sullivan (6). Nays: none. Motion carried.

Motion was made by Councilmember Alexander, seconded by Councilmember Pappin to divide the question in Item J. Motion was made by Councilmember Pappin, seconded by Councilmember Alexander to appoint Russell Davis to the Ella W. Sharp Park Board of Trustees. Votes - Yeas: Mayor Dobies, Councilmembers Robinson, Dancy, Alexander, Pappin, and Sullivan (6). Nays: none. Motion carried.

Motion was made by Councilmember Sullivan, seconded by Councilmember Dancy to appoint Danielle Dobies to the Ella W. Sharp Park Board of Trustees. Votes – Yeas: Councilmembers Robinson, Dancy, Alexander, Pappin, and Sullivan (5). Nays: none. Abstained: Dobies (1). Motion carried.

OTHER BUSINESS: A. Ordinance No. 2018-09, Revisions to Section 2-368, Article II, Chapter 2,

Division 10, City Code, of the Environmental Commission Ordinance (Second/Final Reading). Recommendation: Adopt Ordinance No. 2018-09, amending Section 2-368, Article II, Chapter 2, Division 10, City Code, to clarify the voting powers statutory ex-officio members and appointed ex-officio members of the Jackson Environmental Commission.

Motion was made by Councilmember Sullivan, seconded by Councilmember Robinson to approve. Votes – Yeas: Mayor Dobies, Councilmembers Robinson, Dancy, Alexander, Pappin, and Sullivan (6). Nays: none. Motion carried.

B. Amendment 1 to the 2019 Street Engineering Contract to Provide for a

Continuation of Preliminary and Construction Engineering Services for Various Projects. Recommendation: Approve Amendment 1 to the 2019 Street Engineering contract with Hubbell, Roth & Clark, Inc. (HRC) of Bloomfield Hills, MI, to provide for a continuation of preliminary and construction engineering services for various projects at a not-to-exceed cost of $153,001.50, and authorize the City Manager and City Engineer to sign the appropriate document.

Motion was made by Councilmember Pappin, seconded by Councilmember Sullivan to approve. Votes – Yeas: Mayor Dobies,

August 14, 2018 8

Councilmembers Robinson, Dancy, Alexander, Pappin, and Sullivan (6). Nays: none. Motion carried.

C. Amendment 6 to the 2017 Water Main Replacement Program Engineering Contract with Northwest Consultants, Inc., adding Construction Engineering for Lead Service Replacements. Recommendation: Approve Amendment 6 to the 2017 Water Main Replacement Engineering contract with Northwest Consultants, Inc., (NCI), Canton, Michigan, at a not-to-exceed cost of $20,988.28, adding construction engineering for lead service replacements, and authorize the City Manager and City Engineer to sign the appropriate document.

Motion was made by Councilmember Pappin, seconded by Councilmember Sullivan to approve. Votes – Yeas: Mayor Dobies, Councilmembers Robinson, Dancy, Alexander, Pappin, and Sullivan (6). Nays: none. Motion carried.

D. Contract Renewal for As-Needed Sidewalk Snow and Ice Removal.

Recommendation: Approve the third renewal of the contract with ABC Lawn and Snowplowing for services to include private property and other city-owned sidewalk snow removal at a cost of $0.12 per lineal foot snowplowing, and $0.12 per lineal foot deicer/salt application in areas to include private property and City owned sidewalks in areas outside the immediate downtown.

Motion was made by Councilmember Pappin, seconded by Councilmember Sullivan to approve. Votes – Yeas: Mayor Dobies, Councilmembers Robinson, Dancy, Alexander, Pappin, and Sullivan (6). Nays: none. Motion carried.

E. Personnel Policy Revisions.

Recommendation: Approve a Personnel Policy change related to years of service for retirement eligibility. Motion was made by Councilmember Pappin, seconded by Councilmember Sullivan to approve. Votes – Yeas: Mayor Dobies, Councilmembers Alexander, Pappin, and Sullivan (4). Nays: Councilmembers Robinson and Dancy (2). Motion carried.

F. Corrective Resolution for Special Assessment Roll No. 4280. Recommendation: Approve a Corrective Resolution for Special Assessment 4280 for Delinquent Miscellaneous Public Works Fund Accounts Receivable, confirmed June 12, 2018.

Motion was made by Councilmember Pappin, seconded by Councilmember Sullivan to approve. Votes – Yeas: Mayor Dobies,

August 14, 2018 9

Councilmembers Robinson, Dancy, Alexander, Pappin, and Sullivan (6). Nays: none. Motion carried.

G. Extension of the Leaf Pickup Program General Services Contract with United Waste for the 2018 Season. Recommendation: Approve an extension of the General Services Agreement with United Waste of Jackson to conduct the 2018 Curbside Leaf Pickup Program in the amount of $126,882.08.

Motion was made by Councilmember Pappin, seconded by Councilmember Robinson to approve. Votes – Yeas: Mayor Dobies, Councilmembers Robinson, Dancy, Alexander, Pappin, and Sullivan (6). Nays: none. Motion carried.

H. Contract Renewal to Provide Snow and Ice Removal Services on Downtown Sidewalks and the Police Department Facility. Recommendation: Approve a contract renewal with Executive Property Management, Jackson, to provide snow and ice removal services on the downtown sidewalks and the City of Jackson Police Department parking lots and sidewalks at a cost of $43,600.00 for the downtown sidewalks, and $1,505.00 for the Police Department Facility.

Motion was made by Councilmember Pappin, seconded by Councilmember Sullivan to approve. Votes – Yeas: Mayor Dobies, Councilmembers Robinson, Dancy, Alexander, Pappin, and Sullivan (6). Nays: none. Motion carried.

I. Resolution Confirming Special Assessment Roll No. 3395, Essex

Heights. Recommendation: Approve a Resolution confirming Special Assessment Roll

No. 3395– Street resurfacing and water main replacement in Essex Heights. (Postponed at the July 31, 2018 Special City Council meeting.)

Motion was made by Councilmember Sullivan, seconded for discussion by Councilmember Alexander. Votes – Yeas: Mayor Dobies, Councilmembers Robinson, Alexander, Pappin, and Sullivan (5). Nays: Councilmember Dancy (1). Motion carried.

NEW BUSINESS: A. Resolution for Approval of Contract with MDOT for $404,950.00 (City

Share) for Fourth Street at Stonewall Road and Horton Road Intersection.

August 14, 2018 10

Recommendation: Approve a resolution to enter into a contract with the Michigan Department of Transportation (MDOT) in the amount of $404,950.00 (City share) for reconstruction where Fourth Street meets Stonewall Road and Horton Road, along with traffic signal replacement, and authorize the Mayor and City Clerk to execute the appropriate documents.

Motion was made by Councilmember Sullivan, seconded by Councilmember Pappin to approve. Votes – Yeas: Mayor Dobies, Councilmembers Robinson, Alexander, Pappin, and Sullivan (5). Nays: Councilmember Dancy (1). Motion carried.

B. Kiwanis Club of Jackson Playground Rebuild at Kiwanis Park,

September 21, 2018. Recommendation: Approve the Kiwanis Club of Jackson request to rebuild a community built playground at Kiwanis Park on September 21, 2018.

Motion was made by Councilmember Alexander, seconded by Councilmember Sullivan to approve. Votes – Yeas: Mayor Dobies, Councilmembers Robinson, Dancy, Alexander, Pappin, and Sullivan (6). Nays: none. Motion carried.

C. Request for Qualifications and Proposals (RFQP) for an Architect to

Design Upgrades for the Martin Luther King Facility. Recommendation: Approve the City of Jackson Parks, Recreation and Cemeteries Department to move forward on a request for qualifications and proposals (RFQP) for an architect to design upgrade for the Martin Luther King Center Facility.

Motion was made by Councilmember Robinson, seconded by Councilmember Sullivan to approve. Votes – Yeas: Mayor Dobies, Councilmembers Robinson, Dancy, Alexander, Pappin, and Sullivan (6). Nays: none. Motion carried.

D. Purchase of a 2019 Freightliner Service Body Truck from D & K Truck Company. Recommendation: Approve the purchase of a 2019 Freightliner M2 106 Service Body Truck from D&K Truck Company, Lansing, in the amount of $110,456.63 through the State of Michigan MiDEAL program.

Motion was made by Councilmember Sullivan, seconded by Councilmember Dancy to approve. Votes – Yeas: Mayor Dobies, Councilmembers Robinson, Dancy, Alexander, Pappin, and Sullivan (6). Nays: none. Motion carried.

E. Purchase of a 2019 Freightliner 108SD Dump Truck and Snow Plow.

Recommendation: Approve the purchase of a 2019 Freightliner 108SD Dump Truck and Snow Plow from D&K Truck Company, Lansing, and outfitted for

August 14, 2018 11

snow plow use by Truck and Trailer Specialties, Howell, in the amount of $157,817.00 through the State of Michigan MiDEAL program, and authorize the financing of the purchase over a two (2) year period with annual payments.

Motion was made by Councilmember Sullivan, seconded by Councilmember Dancy to approve. Votes – Yeas: Mayor Dobies, Councilmembers Robinson, Dancy, Alexander, Pappin, and Sullivan (6). Nays: none. Motion carried.

F. Receipt of Street Vacation Petition.

Recommendation: Receipt of a petition circulated by Jeff Kirkpatrick of 401 S. Jackson Street, to vacate a portion of Johnson Street.

Motion was made by Councilmember Pappin, seconded by Councilmember Sullivan to receive the petition. Votes – Yeas: Mayor Dobies, Councilmembers Robinson, Dancy, Alexander, Pappin, and Sullivan (6). Nays: none. Motion carried.

G. Installation of New Energy Efficient Lights and Fixtures in City Hall.

Recommendation: Approve the installation of new energy efficient lights and fixtures in City Hall by Energy Reduction Coalition, Troy, at no cost to the City.

Motion was made by Councilmember Pappin, seconded by Councilmember Robinson to approve. Votes – Yeas: Mayor Dobies, Councilmembers Robinson, Dancy, Alexander, Pappin, and Sullivan (6). Nays: none. Motion carried.

H. Designation of the City Attorney as the City’s Representative in

Regards to the Protective Order in the Opioid Lawsuit. Recommendation: Approve designating the City Attorney as the City’s Representative in regards to a Protective Order in the Opioid Lawsuit.

Motion was made by Councilmember Sullivan, seconded by Councilmember Dancy to approve. Votes – Yeas: Mayor Dobies, Councilmembers Robinson, Dancy, Alexander, Pappin, and Sullivan (6). Nays: none. Motion carried.

J. Fifth Ward City Councilmember Appointment. Each candidate was given five minutes to provide a statement to the Council. Following the statements, a motion was made by Councilmember Alexander, seconded by Councilmember Pappin to appoint Susan Murdie. Votes – Yeas: Councilmembers Alexander and Pappin (2). Nays: Mayor Dobies, Councilmembers Robinson, Dancy, and Sullivan (4). Motion failed.

August 14, 2018 12

Motion was made by Councilmember Sullivan, seconded for discussion by Mayor Dobies to appoint Charles Keeling. Votes – Yeas: Mayor Dobies, Councilmembers Robinson and Sullivan (3). Nays: Councilmembers Dancy, Alexander, and Pappin (3). Motion failed.

Motion was made by Councilmember Dancy, seconded by Councilmember Pappin to appoint Peter Bormuth. Votes – Yeas: Councilmembers Dancy and Alexander (2). Nays: Mayor Dobies, Councilmembers Robinson, Pappin, and Sullivan (4). Motion failed. Motion was made by Councilmember Sullivan, seconded for discussion by Mayor Dobies to reopen the application process for thirty days. Votes – Yeas: Mayor Dobies, Councilmembers Robinson, Pappin, and Sullivan (4). Nays: Councilmembers Dancy and Alexander (2). Motion carried.

CITY COUNCILMEMBERS’ COMMENTS: Mayor Dobies, Councilmembers Dancy, Pappin, and Sullivan all offered comments. Councilmembers Robinson and Alexander declined. MANAGER’S COMMENTS: City Manager Patrick Burtch declined to offer comments. ADJOURNMENT:

No other business being offered, a motion to adjourn was made by Councilmember Dancy, seconded by Councilmember Alexander. Vote was done by voice with all in favor. Mayor Dobies adjourned the meeting at 11:00 p.m.

-----Origin a I Message-----From: Kyle Jansen [ma ilto:kyle.jansen@comcast.net] Sent: Monday, August 20, 2018 2:10 PM To: Adam East <aeast@cityofjackson.org> Subject: Zoning & Sign Board of Appeals

Hi Adam,

I need to resign as an alternate member to the subject board due to an upcoming move out of the City of Jackson.

Kind regards,

Kyle Jansen

1

 

MEMO TO: Mayor and City Council Members FROM: Patrick H. Burtch, City Manager DATE: September 4, 2018 SUBJECT: Special Event Application for Henry Ford Allegiance Health – HFAH Mobile Health

Coach. Recommendation:

Approve a request from Henry Ford Allegiance Health to conduct its HFAH Mobile Health Coach

event on Thursday, September 6, 2018, from 6 a.m. to 6 p.m., in front of One Jackson Square (five parking spaces on E. Michigan Ave). Attached is a memo from Nathan Mack, regarding the Special Event Application for the event HFAH Mobile Health Coach. I recommend approval of the special event application for the event HFAH Mobile Health Coach. Your consideration and concurrence is appreciated. PHB  

DEPARTMENTAL REPORT

MEMO TO: Patrick Burtch, City Manager FROM: Nathan Mack, Executive Director, DDA DATE: September 4, 2018 RECOMMENDATION: Approve a request from Henry Ford Allegiance Health to conduct its HFAH

Mobile Health Coach event on Thursday, September 6, 2018, from 6 a.m. to 6 p.m., in front of One Jackson Square (five parking spaces on E. Michigan Ave).

SUMMARY: Provide digital mammography services in a convenient, comfortable and

private setting. Please see attached brochure.

Approvals noted below by each department indicate they have been made aware of the request and the capacity of their department has been met. Conditions of their approval and special considerations are noted.

Department Approval Denial Economic Impact

Police x $0

Fire x $0

Engineering x $0

Public Works x $0

Recreation x $0

DDA

x $0

$0

Engineering request for event organizers is to place cones or barrels on the street side of the vehicles corners to notify other motorists driving past of its road side boundary.

Contingent upon receipt of proper insurance coverage.

ATTACHMENTS: Special Event Application: HFAH Mobile Health Coach.

DEPARTMENTAL APPROVAL SUMMARY

CONDITIONS & CONSIDERATIONS

INSURANCE STATUS

CITY OF JACKSON SPECIAL EVENT APPLICATION Downtown Development Authority

161 W. Michigan Avenue - Jackson , Ml 49201 - (517) 768-6410

Date Received By ODA Office: ______ Time: _____ By: ____ _

Please complete this application in accordance with the City of Jackson Special Events Policy, and return it to the Office of the Downtown Development Authority at least 60 calendar days before the first day of the event.

Event Name: ~~H(~:{ fn~ A i..,~~\A.N.W Mo~tL8 ~eALIJl.l UA-c+-{

Sponsoring Organization's Legal Name: ~ ENftY Foel..9 f>....tL.'Gft lAN.ce He:A un-l

Organization Address: ZO'J ,J, eA~T A~"1ue JAc~S<JN I Ml '-'(&f2.0 I

Tax I.D. Number: 21f - jo \ 11 I t Event Organizer: JA5o..J VASA~\<; Title: Me,R.- (?€:AL e~ikrt Phone (work): 5 lf. 2.05 . (pt.{ '$8 Phone (during event): '5£1. Z.O?. (pt{ 8'8 Agent's Address: jvo..~~r-1 i @ ~~h~ . O"j

Agent's E-Mail Address: lt!t> G,NfttWIGW AV~ .JA~fdr/. Ml t/12.tJ/

Organization Address: 207 A./. l31f5C /1-(((fr./f!e , /Jtiffutl MI 'f'!Z-P! I

Please give a brief description of the proposed special event:

PtZ.avtorE" ()(6ll/k M4MM C> GIUPr{'-(' s €R..V\C~ IN

>

6: e in r.J (;,,, • ? <k Id'£ StE .&:Ii A-cc.l~o sea cu v-ee

EventDay(s)andDate(s): ~[l . .JUf2.SDA.:Y , 5BPleMBeR... b.., 201<6

Set-Up Date & Time: Set>t. (o. ·(p <>-- W\ Tear-Down Date & Time: Se,p,- fo.. fu pvV\

Event Location: l>N£ .J-J><¥.5 01-.\'S~ (f PAR."'<" e- $P Acee;) o ~ e. Ml trttcv\N AVE

ANNUAL EVENT: ls this event expected to occur next year? (circle one) How many years has this event occurred?

YES

MAP: If your event will use streets or sidewalks (for a parade, run, etc.) or will use multiple locations, please attach a complete map showing:

(a) The assembly and dispersal locations and the route plan; (b) Any streets or parking lots that you are requesting to be blocked off; ( c) The location of vendors, if any; (d) An emergency vehicle access lane; and ( e) The location of restrooms and trash receptacles.

A final map, if different, must be provided seven (7) days before the event.

STREET CLOSURES: Sta1t Date/Time:

Through Date/Time:

RESERVED PARKING: Are you requesting reserved parking? (circle o~ lfyes , list the number of street spaces, City lots or locations where parking~

0 ,J N0/2--M ); oe a{:- e M (cu tb4N

VENDORS: Food Concessions? YES CD Other Vendors: YES

EVENT SPONSORS: Do you have an event sponsor? If yes, please name:

ut2.clR.Y r a@ fl_~~ fANC~ V( GtH/n./

DO YOU PLAN TO HA VE ALCOHOL SOLD/SERVED AT THIS EVENT? If yes, please attach liquor license and liquor liabil ity insurance.

YES @

If yes, what time? t-J /A until

I ~ ENTERTAINMENT: Are there any entertainment features related to this event? YES NO · If yes, provide an attachment listing all bands/performers, type of entertainment, and perfo ance schedule. All noise generated by entertainment must be in compliance with the City Noise Ordinance ..

ATTENDANCE: What is the expected (estimated) attendance for this event? flf- '$? AMUSEMENT: Do you plan to have any amusement or carnival rides? If yes, you are required to obtain a permit through the City Clerk's Office.

YES 8

RESTROOMS: Are you planning to provide portable rest rooms at the event? YES ~ If yes, how many? ""1/A. ~

~-----',~---'--~~~~~

As an event organizer, you must consider the availability of restroom facilities during this event. Consideration should be made regarding the type of event, the length of time it will be held, the number of people, etc. You must determine the rest room facilities in the immediate area of the event venue and then identify the potential need for portable facilities. Remember to identify accessible facilities for ADA requirements as well.

ELECTRICAL POWER: Will the Event require electrical power? If yes, please explain the electrical requirements.

YES ~

OTHER REQUESTS: (i.e., Police Depa1tment assistance, Fire Department, Neighborhood and Economic Operations Department, Parks and Recreation, water, street closures, electrical, etc.) Please note that additional requests may incur additional charges.

INSURANCE: All sponsors of special events must carry liability insurance as set forth in the Special Events policy. A copy of either a Hold Harmless Agreement or a certificate of insurance AND endorsement naming the City of Jackson and the DOA as additional insureds for a liabi lity policy must be provided at least two (2) weeks prior to scheduled Council approval.

CERTIFICATION AND SIGNATURE: I understand and agree on behalf of the sponsoring organization that:

1. I am the person with authority to act on behalf of the sponsoring organization.

2. I have submitted all required documents in support of the Special Events application, including insurance documents where applicable.

3. A $25 Special Event Application fee must be submitted along with this Special event Application.

4. Only the activities listed on the application will be permitted at the event. If additional activities are added, I will immediately contact the City of Jackson. I understand that the approval of my application may be withdrawn or additional requirements made.

5. All food vendors must be approved by the Jackson County Health Department, and each food or other vendor must provide the City of Jackson with a Certificate of Insurance which names the City of Jackson and th e Dow ntown Development Authority as add itional named insured parties on the policy.

6. Fire Department permit and approval is required for events including display fireworks. XCU Fireworks Liability insurance is required for all fireworks displays.

7. The approval of this special event may include additional requirements, limitations, or fees, based on the City's review of this application.

8. If I or my organization fail(s) to clean up and repair damages to the Event Area, my organ ization maybe billed for City services, and that failure to clean up and repair damage wi ll be considered for future applications.

9. As the duly authorized agent of the sponsoring organization, I am applying for approval of this Special Event, affirm the above understandings, and agree that my sponsoring organization will comply with the terms of the written confirmation of approva l, and all other City requirements, ordinances and other laws, which apply to this Special Event.

10. By signing this Special Event Application, I declare I am 21 years of age or older.

11. If required to provide liability insurance, I will add the City of Jackson and the Downtown Development Authority as additional insureds on the sponsoring organization 's liabil ity policy.

12. On behalf of the sponsoring organization, I agree that the sponsoring organization wi ll defend, indemnify, and hold harmless the City of Jackson, its officers, employees and agents from and against any claim, demand, suit, loss, cost or expense, or any damage, which may be asserted, claimed or recovered aga inst or from the City of Jackson its offi cer, employees and agents, by reason of any damage to property, bodily injury, or death, sustained by any person whomsoever, and which damage, injury or death arises out of or is incident to or in any way connected with or related to special event.

{Date

RETURN THIS APPLICATION at least sixty (60) days before the first day of the event to: DOWNTOWN DEVELOPMENT AUTHORITY

161 W. MICHIGAN AVENUE, 5th Floor JACKSON, Ml 49201

Reserved Parking for HFAH Mobile

Health Coach (5 spaces) ........

------~-1 '-

The Henry Ford Allegiance Mobile Health Coach is

staffed by skilled. caring professionals who provide

digital mammography. in a private. convenient and

comfortable setting.

DIGITAL MAMMOGRAPHY

D1g1tal mammography looks and feels similar to conventional

mammography. but it provides physicians with clear d1g1tal

images of the breast. rather than images on film

This technology allows radiologists to adjust contrast and zoom

in on suspicious areas Digital mammograms can be quickly

and efficiently stored on a computer and electronically sent to

physician offices.

The American Cancer Society recommends that women age 40

and older should have a mammogram every year for as long as

they are in good health. Following this guideline increases the

chances of early diagnosis and successful treatment

Important information to know before making

an appointment:

Mammography: an order from the patients health care provider is not required prior to the mammogram appointment However the patient must provide the name of a health care provider who can receive the results of the mammogram.

To schedule an appointment. please call (517) 205-4905.

IMPROVE MY HEALTH

~ Early detection is key to successful cancer treatment.

Your health care provider can help you identify your risks and

recommend routine screenings that could save your life. For

more health tips. visit HenryFordAllegiance.com/Wellness.

The well-equipped Henry Ford Allegiance Mobile Health Coach makes scheduled visits to these locations:

HENRY FORD ALLEGIANCE FAMILY MEDICINE - ALBION

27931 C. Drive North, Albion

HENRY FORD ALLEGIANCE FAMILY MEDICINE - BROOKLYN

153 Wamplers Lake Road. Brooklyn

HENRY FORD ALLEGIANCE FAMILY MEDICINE - GRASS LAKE

12369 E. Michigan Avenue. Grass Lake

HENRY FORD ALLEGIANCE FAMILY MEDICINE - LESLIE

130 N. Sherman Street. Leslie

HENRY FORD ALLEGIANCE FAMILY MEDICINE - MASON

810 N. Hogsback Road, Mason

HENRY FORD ALLEGIANCE FAM ILY MEDICINE - ONSTED

8958 West M-50. Onsted

HENRY FORD ALLEGIANCE FAMILY MEDICINE - SPRING ARBOR

7845 Spring Arbor Road, Spring Arbor

HENRY FORD ALLEGIANCE FAMILY MEDICINE - TOWNSEND

400 Hinckley Boulevard. Jackson

CENTER FOR FAMILY HEALTH

505 N. Jackson Street. Jackson

 

MEMO TO: Mayor and City Council Members FROM: Patrick H. Burtch, City Manager DATE: September 4, 2018 SUBJECT: Special Event Application for the Dirty Bird Brew Fest. Recommendation:

Approve a request from The Dirty Bird to conduct their Dirty Bird Brew Fest event on Saturday, September 22, 2018 from 12 p.m. to 10:30 p.m. on W. Michigan Ave. in front of The Dirty Bird restaurant. Attached are memos from Nathan Mack, regarding the Special Event Application for the event Dirty Bird Brew Fest. I recommend approval of the special event application for the event Dirty Bird Brew Fest. Your consideration and concurrence is appreciated. PHB  

DEPARTMENTAL REPORT

MEMO TO: Patrick Burtch, City Manager FROM: Nathan Mack, Executive Director, DDA DATE: September 4, 2018 RECOMMENDATION: Approve a request from The Dirty Bird to conduct their Dirty Bird Brew Fest

event on Saturday, September 22, 2018 from 12 p.m. to 10:30 p.m. on W. Michigan Ave. in front of The Dirty Bird restaurant.

SUMMARY: The event will consist of a large tent in front of The Dirty Bird featuring

several Michigan Breweries. This will allow the restaurant to feature more beer in a relaxed environment with local entertainment.

Approvals noted below by each department indicate they have been made aware of the request and the capacity of their department has been met. Conditions of their approval and special considerations are noted.

Department Approval Denial Economic Impact

Police x $0

Fire x $0

Engineering x $0

Public Works x $150

Recreation x $0

DDA

x $0

$150

Public Works will provide barricades for the road closure.   Any markings on pavement shall be in temporary (i.e. chalk) material. All costs incurred by this event must be reimbursed to the city. No use of city electrical without inspection by the electrical inspector. No tethering or anchoring of any inflatable or fence to city utility poles without inspection by the

chief building official. No parking in areas that are not inside the event envelope, unless the parking is a permitted legal

parking space when the street is fully operational. No blocking any adjacent property’s driveway or doorways with fencing and access to the adjacent

properties must be clearly defined and ADA compliant.

DEPARTMENTAL APPROVAL SUMMARY

CONDITIONS & CONSIDERATIONS

All on-street announcements and music must cease by 12:00am.

Contingent upon receipt of proper insurance coverage.

ATTACHMENTS: Special Event Application: Dirty Bird Brew Fest.

INSURANCE STATUS

DownitJwn~ CITY OF JACKSON SPECIAL EVENT APPLICATION Downtown Development Authority JACl<S ~-·N 161 W. Michigan Avenue - Jackson, Ml 49201 - (517) 768-6410

.__ __ !50~

Date Received By DOA Office: @ Time f}O(}y,v- By fii;2__ Please complete this application in accordance with the City of Jackson Special Events Policy, and return it to the Office of the Downtown Development Authority at least 60 calendar days before the first day of the event.

Event Name:

Sponsoring Organization's Legal Name: _Q.-"-.._'-...... -~'--...,--'\'-'-v..._'-__________ _ Organization Address: \ ~ 0 v.:> . ""'- ~c...\.....;.°f:J<+ V'-

Tax I.D. Number:

Event Organizer: _\\,..,_,___o"""'""""-.. _c..._..::,.___V~\"""'o=-~-"'-Cl\."'""S.._~ ____ Title:

Phone (work): ___.S~· \~l_._·-~~~~\~·-l.._..,\~4~1..._'"\..,.._, ______________ _

Phone (during event): $ \ 1. 81 <\ · 3. C..\\ <..)

Agent's Address:

Agent"s E-Mai l Address: ~ .... ~~ \-\-.0~~5"'-.e:.-tVl-.\\c._ \}L\e ~~~\.<es""' Organization Address:

\.o F~\vf"-<. ) S M.~'-'--'Y'"""" \S'~'-'"-'-U--\t'.S · ~-<... ~-....;)-.\\ 4-vc \~<-c.. \ <"'-~hs""-~~"'-\-. 1'\.-<- -c."~\- \..>~ \\ ~o \:'°..,._,.._ L\-lft e""

Event Day(s) and Date(s): ~S~=<-"'f"f~t~~-"'-\.~\~'"'<..f"~-~~}.~-)..~o~\..._~ ________ _ ' ~~o Set-UpDate&Time: C\ . d~ e"''OU"'-. Tear-DownDate&Time: 4\ . ~~ €~-~"""'

Event Location: w: ~~L~\~c..v-- A\J<. '"'" 5;:'~v-..\- o ~ U\ \ bt \1, t-tJ

ANNUAL EVENT: Is this event expected to occur next year? (circle one) How many years has this event occurred?

NO

MAP: If your event will use streets or sidewalks (for a parade, run, etc.) or will use multiple locations, please attach a complete map showing:

(a) The assembly and dispersal locations and the route plan; (b) Any streets or parking lots that you are requesting to be blocked off; ( c) The location of vendors, if any; (d) An emergency vehicle access lane; and ( e) The location of restrooms and trash receptacles.

A final map, if different, must be provided seven (7) days before the event.

STREET CLOSURES: Start Date/Time: °\.;ii.\~ e ~'S~°V'.. Through Date/Time:

RESERVED PARKING: Are you requesting reserved parking? (circle one) YES If yes, list the number of street spaces, City lots or locations where parking is requested:

VENDORS: Food Concessions? YES r;j;) Other Vendors: YES

EVENT SPONSORS: Do you have an event sponsor? If yes, please name:

DO YOU PLAN TO HA VE ALCOHOL SOLD/SERVED AT THIS EVENT? g If yes, please attach liquor license and liquor liability insurance.

NO

NO

If yes, what time? l.( ~""' until --.l;iO ............ e"'-1/'A=---------­

ENTERT AINMENT: Are there any entertainment features related to this event? YES @ If yes, provide an attachment listing all bands/performers, type of ente1tainment, and performance schedule. All noise generated by entertainment must be in compliance with the City Noise Ordinance ..

· ATTENDANCE: What is the expected (estimated) attendance for this event?

AMUSEMENT: Do you plan to have any amusement or carnival rides? If yes, you are required to obtain a permit through the City Clerk's Office.

YES Q

RESTROOMS: Are you planning to provide portable rest rooms at the event? ~ If yes, how many? _ _ _ __,_l ____ _

NO

As an event organizer, you must consider the availability of restroom facilities during this event. Consideration should be made regarding the type of event, the length of time it will be held, the number of people, etc. You must detem1ine the rest room facilities in the immediate area of the event venue and then identify the potential need for portable facilities. Remember to identify accessible facilities for ADA requirements as well.

ELECTRICAL POWER: Will the Event require electrical power? If yes, please explain the electrical requirements.

NO

OTHER REQUESTS: (i.e., Police Department assistance, Fire Department, Neighborhood and Economic Operations Department, Parks and Recreation, water, street closures, electrical, etc.) Please note that additional requests may incur additional charges.

INSURANCE: All sponsors of special events must carry liability insurance as set forth in the Special Events policy. A copy of either a Hold Harmless Agreement or a certificate of insurance AND endorsement naming the City of Jackson and the DOA as additional insureds for a li ability policy must be provided at least two (2) weeks prior to scheduled Council approval.

CERTIFICATION AND SIGNATURE: I understand and agree on behalf of the sponsoring organization that:

1. I am the person with authority to act on behalf of the sponsoring organization.

2. I have submitted all required documents in support of the Special Events application, including insurance documents where applicable.

3. A $25 Special Event App lication fee must be submitted along with this Special event Application.

4. Only the activities listed on the application will be permitted at the event. [f additional activities are added, I will immediately contact the City of Jackson. I understand that the approval of my application may be withdrawn or additional requirements made.

5. All food vendors must be approved by the Jackson County Health Department, and each food or other vendor must provide the City of Jackson with a Certificate of Insurance which names the City of Jackson a nd the Downtown Developm ent Authority as additional named insured parties on the policy.

6. Fire Department permit and approval is required for events including display fireworks . XCU Fireworks Liability insurance is required for all fireworks displays.

7. The approval of this special event may include additional requirements, limitations, or fees, based on the City' s review of this application.

8. If I or my organization fail(s) to clean up and repair damages to the Event Area, my organization maybe billed for City services, and that failure to clean up and repair damage will be considered for future applications.

9. As the duly authorized agent of the sponsoring organization, I am applying for approval of this Special Event, affom the above understandings, and agree that my sponsoring organization will comply with the tenm of the written confirmation of approval, and all other City requirements, ordinances and other laws, which apply to this Special Event.

10. By signing this Special Event Application, I declare I am 21 years of age or older.

11. If required to provide liability insurance, I will add the City of Jackson and the Downtown Development Authority as additional insureds on the sponsoring organization's liability policy.

12. On behalf of the sponsoring organization, I agree that the sponsoring organization will defend, indemnify, and hold harmless the City of Jackson, its officers, employees and agents from and against any claim, demand, suit, loss, cost or expense, or any damage, which may be asserted, claimed or recovered against or from the City of Jackson its officer, employees and agents, by reason of any damage to property, bodily injury, or death, sustained by any person whomsoever, and which damage, injury or death arises out of or is incident to or in any way connected with or related to the special event.

Date Si

RETURN THIS APPLICATION at least sixty (60) days before the first day of the event to: DOWNTOWN DEVELOPMENT AUTHORITY

161 W. MICHIGAN AVENUE, 5th Floor JACKSON, Ml 49201

DIRTY BIRD BEERFEST

SEPTEMBER 22, 2018

Street Closure Barricades Fencing Tents for Event

• This event is requesting street closure on W. Michigan Ave, from the alley west of 143 W. Michigan Ave to the Entrance of City Parking Lot #8 (Post Office).

• Fencing will be placed around the event area from the parking lot entrance closure along the curb line on the south side of W. Michigan Ave to the west end

closure and proceed to the north along the north curb line to enclose the event area. The sidewalk will remain open and accessible. There will be tents set up

within the enclosed area. The fencing and the tents will be anchored with sand bags and/or water barrels, no stakes will be used.

Tent

Tent

Tent

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MEMO TO: Mayor and City Council Members FROM: Patrick H. Burtch, City Manager DATE: September 4, 2018 SUBJECT: Special Event Application for Henry Ford Allegiance Health - Race to Health. Recommendation:

Approve a request from Henry Ford Allegiance Health to conduct its 33rd Annual Race to Health

event on Saturday, September 22, 2018, from 6 a.m. to 12 p.m., near Henry Ford Allegiance Health (map attached). Attached is a memo from Nathan Mack, regarding the Special Event Application for the event Race to Health. I recommend approval of the special event application for the event Race to Health. Your consideration and concurrence is appreciated. PHB  

DEPARTMENTAL REPORT

MEMO TO: Patrick Burtch, City Manager FROM: Nathan Mack, Executive Director, DDA DATE: September 4, 2018 RECOMMENDATION: Approve a request from Henry Ford Allegiance Health to conduct its 33rd

Annual Race to Health event on Saturday, September 22, 2018, from 6 a.m. to 12 p.m., near Henry Ford Allegiance Health (map attached).

SUMMARY: This event includes a 5 mile run, 5 mile walk, 1 mile wellness walk and

family activities.

Approvals noted below by each department indicate they have been made aware of the request and the capacity of their department has been met. Conditions of their approval and special considerations are noted.

Department Approval Denial Economic Impact

Police x $350

Fire x $0

Engineering x $0

Public Works x $400

Recreation x $0

DDA

x $0

$750

Police providing assistance at intersections. Public Works to provide barricades.

Contingent upon receipt of proper insurance coverage.

ATTACHMENTS: Special Event Application: Henry Ford Allegiance Health - Race to Health.

DEPARTMENTAL APPROVAL SUMMARY

CONDITIONS & CONSIDERATIONS

INSURANCE STATUS

Down:/:own---.J.A(l(Se>'N

CITY OF JACKSON SPECIAL EVENT APPLICATION Downtown Development Authority

161 W . Michigan Avenue - Jackson, Ml 49201 - (517) 768-6410

-----f3otuid Date Received By DOA Office: __ & ...... 6_i_~--- Time: / /ClvrJ By: _;@-Please complete this application in accordance with the City of Jackson Special Events Policy, and return it to the Office of the Downtown Development Authority at least 60 calendar days before the first day of the event.

Event Name: Henry Ford Allegiance Health Race to Health

Sponsoring Organization's Legal Name: Henry Ford Allegiance Health

Organization Address: 205 N. East Ave., Jackson, Ml 49201

Tax l.D. Number: 38-2027689 ~------------------------

Event Organizer: _K_a_r_ri_D_o_t_y ___ ______ Title: Event Specialist

Phone (work): (517) 205-6739

Phone (during event): _(5_1_7_)_3_9_8_-0_0_6_9 _ _ ____________ __ _

Agent's Address: 205 N. East Ave., Jackson, Ml 49201

Agent's E-Mail kdoty1@hfhs.org-....

Address: 205 N. East Ave., Jackson, Ml 49201

Organization Address: 205 N. East Ave., Jackson, Ml 49201

Please give a brief description of the proposed special event:

5 Mile Run

5k Run

5k Walk

1 Mile Wellness Walk

Family Fun Run

Family Activities

Event Day(s) and Date(s): September 22, 2018 ~---------------------

Set -Up Date & Time: Sept. 22 - 6am Tear-Down Date & Time: Sept. 22- 12 Noon

Event Location: See Attached.

ANNUAL EVENT: Is this event expected to occur next year? (circle one) l,/IYES How many years has this event occurred? _3_3 y_e_ar_s _______________ _ _

MAP: If your event will use streets or sidewalks (for a parade, run, etc.) or will use multiple locations, please attach a complete map showing:

(a) The assembly and dispersal locations and the route plan; (b) Any streets or parking lots that you are requesting to be blocked off; ( c) The location of vendors, if any; ( d) An emergency vehicle access lane; and (e) The location of restrooms and trash receptacles.

A final map, if different, must be provided seven (7) days before the event.

STREET CLOSURES: Start Date/Time:

Through Date/Time: 9/22/18 6am to 9/22/18 12noon

RESERVED PARKING: Are you requesting reserved parking? (circle oneQEs [{]No If yes, list the number of street spaces, City lots or locations where parking is requested:

VENDORS: Food ConcessionsOEs [{}vo Other Vendors: l ,/!YES []No

EVENT SPONSORS: Do you have an event sponsor? If yes, please name:

DO YOU PLAN TO HA VE ALCOHOL SOLD/SERVED AT THIS EVENT0Es [Z}vo If yes, please attach liquor license and liquor liability insurance.

If yes, what time?

ENTERTAINMENT: Are there any entertainment features related to this evenQEs [{}-o If yes, provide an attachment listing all bands/performers, type of entertainment, and performance schedule. All noise generated by entertainment must be in compliance with the City Noise Ordinance ..

ATTENDANCE: What is the expected (estimated) attendance for this event? _1_,_0_0_0 ___ _

AMUSEMENT: Do you plan to have any amusement or carnival rides? QEs If yes, you are required to obtain a permit through the City Clerk's Office.

[{Jvo

RESTROOMS: Are you planning to provide portable rest rooms at the event?!,/ fES Qro

If yes, how many? _4 ________ _

As an event organizer, you must consider the availability of restroom facilities during this event. Consideration should be made regarding the type of event, the length of time it will be held, the number of people, etc. You must determine the rest room facilities in the immediate area of the event venue and then identify the potential need for portable facilities. Remember to identify accessible facilities for ADA requirements as well.

ELECTRICAL POWER: Will the Event require electrical power? [{]yEs If yes, please explain the electrical requirements.

[Jvo

OTHER REQUESTS: (i.e., Police Department assistance, Fire Department, Neighborhood and Economic Operations Department, Parks and Recreation, water, street closures, electrical, etc.) Please note that additional requests may incur additional charges. Police department assistance requested at major intersections for each event.

*Closures marked on map.

INSURANCE: All sponsors of special events must carry liability insurance as set forth in the Special Events policy. A copy of either a Hold Harmless Agreement or a certificate of insurance AND endorsement naming the City of Jackson and the DOA as additional insureds for a liability policy must be provided at least two (2) weeks prior to scheduled Council approval.

CERTIFICATION AND SIGNATURE: I understand and agree on behalf of the sponsoring organization that:

1. I am the person with authority to act on behalf of the sponsoring organization.

2. I have submitted all required documents in support of the Special Events application, including insurance documents where applicable.

3. A $25 Special Event Application fee must be submitted along with this Special event Application.

4. Only the activities listed on the application will be permitted at the event. If additional activities are added, I will immediately contact the City of Jackson. I understand that the approval of my application may be withdrawn or additional requirements made.

5. All food vendors must be approved by the Jackson County Health Department, and each food or other vendor must provide the City of Jackson with a Certificate of Insurance which names the City of Jackson and the Downtown Development Authority as additional named insured parties on the policy.

6. Fire Department permit and approval is required for events including display fireworks. XCU Fireworks Liability insurance is required for all fireworks displays.

7. The approval of this special event may include additional requirements, limitations, or fees, based on the City's review of this application.

8. IfI or my organization fail(s) to clean up and repair damages to the Event Area, my organization maybe billed for City services, and that failure to clean up and repair damage will be considered for future applications.

9. As the duly authorized agent of the sponsoring organization, I am applying for approval of this Special Event, affirm the above understandings, and agree that my sponsoring organization will comply with the terms of the written confirmation of approval, and all other City requirements, ordinances and other laws, which apply to this Special Event.

10. By signing this Special Event Application, I declare I am 21 years of age or older.

11. If required to provide liability insurance, I will add the City of Jackson and the Downtown Development Authority as additional insureds on the sponsoring organization's liability policy.

12. On behalf of the sponsoring organization, I agree that the sponsoring organization will defend, indemnify, and hold harmless the City of Jackson, its officers, employees and agents from and against any claim, demand, suit, loss, cost or expense, or any damage, which may be asserted, claimed or recovered against or from the City of Jackson its officer, employees and agents, by reason of any damage to property, bodily injury, or death, sustained by any person whomsoever, and which damage, injury or death arises out of or is incident to or in any way connected with or related to the special event.

lo /z~o I l?> ifate Signature of Sponsoring Organiza ·

RETURN THIS APPLICATION at least sixty (60) days before the first day of the event to: DOWNTOWN DEVELOPMENT AUTHORITY

161 W. MICHIGAN AVENUE, 5th Floor JACKSON, Ml 49201

205 N. East Avenue Jackson, M l 49201 (517) 205-4800 HenryFordAllegiance.com

HENRY FORD ALLEGIANCE HEALTH

34th Annual Henry Ford Allegiance Race to Health

Schedule of Events

Date of Event: September 22, 2018

Set up time: 6 AM

5 Mile run: 8 AM Sk run: 9 AM 5k Walk: 9:05 AM

Wellness Walk (patients who have had joint replacements): 10 AM Step by Step Kids Fun Run (children): 10:15 AM

Family Wellness Activities: 8:30 AM - 10:30 AM Tear down time: 12 Noon

We have marked the intersections where we need support, and the roads we would like to close

5 Mile Run e Support needed

HENRY FORD ALLEGIANCE HEALTH

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MEMO TO: Mayor and City Council Members FROM: Patrick H. Burtch, City Manager DATE: September 4, 2018 SUBJECT: Special Event Application for Oktoberfest. Recommendation:

Approve a request from the Jackson YMCA to conduct their Oktoberfest event on Friday, September

28, 2018 and Saturday, September 29, 2018 on W. Wesley between S. Jackson St. and Mechanic. Attached are memos from Nathan Mack, regarding the Special Event Application for the Oktoberfest. I recommend approval of the special event application for the event Oktoberfest. Your consideration and concurrence is appreciated. PHB  

DEPARTMENTAL REPORT

MEMO TO: Patrick Burtch, City Manager FROM: Nathan Mack, Executive Director, DDA DATE: September 4, 2018 RECOMMENDATION: Approve a request from Jackson YMCA to conduct its Oktoberfest event on

Friday, September 28, 2018 and Saturday, September 29, 2017, from 8 a.m. to 10 p.m. on W. Wesley St. between S. Jackson and Mechanic Streets.

SUMMARY: Outdoor party with food and exercise classes, drawings, adult beverages, tent

and music.

Approvals noted below by each department indicate they have been made aware of the request and the capacity of their department has been met. Conditions of their approval and special considerations are noted.

Department Approval Denial Economic Impact

Police x $0

Fire x $0

Engineering x $0

Public Works x $150

Recreation x $0

DDA

x $0

$150

Engineering is allowing event organizers to use only the east half of Parking lot #3. Please advise them to update their application next year to reflect the lot usage.

Public Works to provide barricades.

Contingent upon receipt of proper insurance coverage.

ATTACHMENTS: Special Event Application: Oktoberfest.

DEPARTMENTAL APPROVAL SUMMARY

CONDITIONS & CONSIDERATIONS

INSURANCE STATUS

Downtown~ JACKS0N

CITY OF JACKSON SPECIAL EVENT APPLICATION Downtown Development Authority

161 W. Michigan Avenue - Jackson, Ml 49201 - (517) 768-6410

..._ __ f3ottnd

Date Received By DDA Office: '1 \ \ \, \ 1 i Time: -~-~-N\,_"_ By _Q_ Please complete this application in accordance with the City of J ackson Special Events Policy, and return it to the Office of the Downtown Development Authority at least 60 calendar days before the first day of the event.

Event Name: oK.10 ~I- k.5 f d:o f°"b Sponsoring Organizatiob 's Legal Narti.e ~~/M~,jh'CA1 ~/,;f /~ Orgamzat10n Address: --"--'/(}"--],.a... ___,lo/'-'--. _ _)J+.-r-..... ~'"""""--'-u_"'""_=o/-";-,_' __ --"""""' 6__. ~-r.___L..._1 _ _____ _

Tax I.D. Number: -J9 Event Organizer: · ~)( /)Jtl.$of( Title: _C ..... !£""'"--""'0--~-+-"-1¥_Cfr __ Phone (work): f[/11. 8-t.L2'-·-"'{)-=-~-=-+7 __________ _ Phone (during event): 5i7 • Cro b ~ ~1 / t Agent'sAddress: /~'? W. Wesffi1_$T. J~/vf:/.. 't1>bJ Agent's E-Mail ra c.. /(. @_ ~KSt:>/\ y/Ylc~ Address I ;n w. wesLerj,,f, ~/14~ ~~/ Organization Address:

Please give a brief description of the proposed special event: i;......:::=.;..L~~°'~O:.i..._-1-.!....!._!--=-=-1--

f,.)1T1/- noP I E y e~c15"°.e,LtkSS ~-Ji / 'PllA""'1rru:r

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Event Day(s.) and Date(s): ....--5e(!re-rn k& ;) ~ - ~q 7~ ~ () / '6' Set-Up Date & Time . . c; / ~ 't' / /~ _ _:P: f)O fr/11_ Tear-Down Date & Time: 1/J.9j1 ~ / 0 f fo( ·

Event Location: \,.J. 'rJt5'4lf lfe1"k€-M s. TU/t.5P(} ;brp 1Au/lfrW/c

ANNUAL EVENT: Is this event expected to occur next year? (circle one) How many years has this event occuiTed?

NO

MAP: If your event will use streets or sidewalks (for a parade, run, etc.) or will use multiple locations, please attach a complete map showing:

(a) The assembly and dispersal locations and the route plan; (b) Any streets or parking lots that you are requesting to be blocked off; (c) The location of vendors, if any; ( d) An emergency vehicle access lane; and (e) The location ofrestrooms and trash receptacles.

A final map, if different, must be pr9vided seven (7) days before the e~ent.

.. STREET CLOSURES: Start Date/Time; . D: oO frJ'1 CJ/d-'5/ It!} Through Dateffime: / / ; 0 () fM <=i J if9/ Jf!J>

RESERVED PARKING: Are you requesting reserv~d parking? (circle one) ~ If yes, list the number of street spaces, City lots or locations whe~e-parking is r~, ...... qed (0

VENDORS: Food Concessi.ons? @:) N<J_ Other Vendors: . YES NO

EVENT SPONSORS: Do you have an event spornfor? If yes, please.name:

!{o DO YOU PLAN TO HA VE ALCOHOL SOLD/SERVED AT THIS EYENT? /yiS\ NO If yes, pleas~ f,tta.c/'. liquor license and liquor liability insurance.~ ~ . .

Ifyes, wha7~rJi18 f:t>o {M - /O~b0{14ntil 1 ~//8 (;.':()i; {M- /~~()~ f/Yl

ENTERTAINMENT: Are there any entertainment features related to this eventfY.ES:> NO If yes, provide an attachment listing all bands/performers, type of entertainment, ~orrnance schedule. All noise gen<;Jted b~ ent~ini;ieyt ~;1~~ in complia~ with the City Noise Ordinance. . 13; I , ::> t..A if t+ rt' (II t/eM f7 4':. l- 0 -..)1> "" (_

ATTENDAN~E: What is the expected (estimated) attendance for this event?

AMUSEMENT: Do you plan to have any amusement or carnival rides? If yes, you are required to obtain a pem1it through the City Clerk's Office.

d-~~t>

YES

RESTROOMS: Are you planning to provide portable rest rooms at the :~enrG NO

If yes, how many? to As an event organizer, you must consider the availability of restroom facilities during this event. Consideration should be made regarding the type of event, the length of time it will be held, the number of people, etc. You must determine the rest room facilities in the immediate area of the event venue and then identify the potential need for portable facilities. Remember to identify accessible facilities for ADA requirements as well.

ELECTRICAL POWER: Will the Event require electrical power? If yes, please explain the electrical requirements.

YES

INSURANCE: All sponsors of special events must carry liability insurance as set forth in the Special Events policy. A copy of either a Hold. Harmless Agreement or a certificate of insurance AND endorsement naming the City of Jackson and the DDA as additional insureds for a liability policy must be provided at least two (2) weeks prior to scheduled Council approval.

CERTIFICATION AND SIGNATURE: I understand and agree on behalf of the sponsoring organization that:

1. I am the person with authority to act on behalf of the sponsoring organization. ...

2. I have submitted all required documents in support of the Special Events application, · including insurance documents where applicable.

3. A $25 Special Event Application fee must be submitted along with this Special event Application.

4. Only the activities listed on the application will be pennitted at the event. If additional activities are added, I will immediately contact the City of Jackson. I understand that the approval of my application may be withdrawn or additional requirements made.

5. All food vendors must be approved by the Jackson County Health Department, and each food or other vendor must provide the City of Jackson with a Certificate of Insurance which names the City of Jackson and the Downtown Development Authority as additional named insured parties on the policy.

6. Fire Depa1iment pennit and approval is required for events including display fireworks. XCU Fireworks Liability insurance is required for all fireworks displays.

7. The approval of this special event may include additional requirements, limitations, or fees , based on the City's review of th is application .

8. Ifl or my organization fail(s) to clean up and repair damages to the Event Area, my organization maybe billed for City services, and that failure to clean up and repair dan1age will be considered for future applications.

9. As the duly authorized agent of the sponsoring organization, I am applying for approval of this Special Event, affirm the above understandings, and agree that my sponsoring organization will comply with the tern1s of the written confirmation of approval, and all other City requirements, ordinances and other laws, which apply to this Special Event.

10. By signing this Special Event Application, I declare I am 21 years of age or older.

11. If required to provide liability insurance, I will add the City of Jackson and the Downtown Development Authority as additional insureds on the sponsoring organization's liability policy.

12. On behalf of the sponsoring organization, I agree that the sponsoring organization wilt defend, indemnify, and hold harmless the City of Jackson, its officers, employees and agents from and against any claim, demand, suit, loss, cost or expense, or any damage, which may be asserted, claimed or recovered against or from the City of Jackson its officer, employees and agents, by reason of any damage to property, bodily injury, or death, sustained by any person whomsoever, and which damage, injury or death arises out of or is incident to or in any way connected with or related to the special event.

Signature o

RETURN THIS APPLICATION at least sixty (60) days before the first day of the event to: DOWNTOWN DEVELOPMENT AUTHORITY

161 W. MICHIGAN AVENUE, 5th Floor JACKSON, Ml 49201

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MEMO TO: Mayor and City Council Members FROM: Patrick H. Burtch, City Manager DATE: September 4, 2018 SUBJECT: Special Event Application for Public Rosary. Recommendation:

Approve a request from Queen of the Miraculous Medal Church to conduct its 11th Annual Public

Rosary event on Sunday, October 14, 2018, from 12 p.m. to 3 p.m., at CP Federal City Square and Horace Blackman Park. Attached is a memo from Nathan Mack, regarding the Special Event Application for the event Public Rosary. I recommend approval of the special event application for the event Public Rosary. Your consideration and concurrence is appreciated. PHB  

DEPARTMENTAL REPORT

MEMO TO: Patrick Burtch, City Manager FROM: Nathan Mack, Executive Director, DDA DATE: September 4, 2018 RECOMMENDATION: Approve a request from Queen of the Miraculous Medal Church to conduct its

Public Rosary event on Sunday, October 14, 2017, from 12 p.m. to 3 p.m., at CP Federal City Square and Horace Blackman Park.

SUMMARY: A public prayer service.

Approvals noted below by each department indicate they have been made aware of the request and the capacity of their department has been met. Conditions of their approval and special considerations are noted.

Department Approval Denial Economic Impact

Police x $0

Fire x $0

Engineering x $0

Public Works x $0

Recreation x $0

DDA

x $0

$0

No costs are associated with this event.

Contingent upon receipt of proper insurance coverage.

ATTACHMENTS: Special Event Application: Public Rosary.

DEPARTMENTAL APPROVAL SUMMARY

CONDITIONS & CONSIDERATIONS

INSURANCE STATUS

f) C l\.f ci 6?.4. . Downtown~ c1TY OF JACKSON SPECIAL EVENT APPLICATION '-llf t" ] A( l(S £' N Downtown Development Authority

/...,.\ ·-t-.'!!': 161 W. Michigan Avenue - Jackson, Ml 49201 - (517) 768-6410

--- l3tJtt+id . Date Received By DDA Office: 1 /9/, /1

I I ( I Time: / / .' Lf S- By:

Please complete this application in accordance with the City of Jackson Special Events Policy, and return it to the Office of the Downtown Development Authority at least 60 calendar days before the first day of the event.

EventName: e A /ic ~ n3AR y Sponsoring Organization's Legal Name: Q 11 e--e tJ 0 ..Q- ±h-? /Yl J £,fj(1p_ f ous [{) e.rk_) (!,iJ tJ rel. Organization Address: / ,,, { ) 4; 1..S Lr ) /_ S Al e/-- £ f Tax I.D. Number: . :::V? - ; ·.?, 5 8 .!/O.:L

Event Organizer: Cf'etq.J"1 e-,++~ l.,,, ; e.e-JJ/HefTitle: O~·~ le~ (Y) ,] P

Phone (work): ,5:/ 7 ..- 2 8 ,3 -~,. :j 7q g Phone (during event): S 1'2 - q ;1-?g 9 g Agent's Address: lo CJ la "S l<_J ;· s tJeJ?- ~+ Agent's E-Mail s:fr -j: i'm@? g tl. e e,J_sc....J, i,t.t'<!J . co l'Y1

Address: '1 l i~nl1 ~R.J/d .,,,/ ~e'--l1S f1 .J1u g_c~A , eo «t

Organization Address: /.a o le -S , W /s;J e_te._ .S::.+ · Please give a brief description of the proposed special event: 7 R f+ ti er "'Q e r \/ k· e.

Lu s ..J-;Ndl o bou. f 1~ cni' t!u.fes 1

Event Day(s) and Date(s): \...S1J.t.1dA y: tJ <• :f-o he /(_ J .<./ r-2 O I:?' Set-Up Date & Time: /D-i</ -J 8 N~ a ,tJ Tear-Down Da;e & Time:

Lo - l'-1 -t .~ ,j ' DO o rl1

ti o R. Ace- 2> l1tc..Jk. 01 ttJ £~ ,e f Event Location:

If yes, how many?

As an event organizer, you must consider the availability of restroom facilities during this event. Consideration should be made regarding the type of event, the length of time it will be held, the number of people, etc. You must determine the rest room facilities in the immediate area of the event venue and then identify the potential need for portable facilities. Remember to identify accessible facilities for ADA requirements as well.

ELECTRICAL POWER: Will the Event require electrical power? NO If yes, please explain the e ectrical requirements. ~~'~--.L.-.L.<' ~~~~'----'-~e.=UJ=-· _,_,,,,~l>=--1' ~~~·~· ~~~--T--'-'~---'<-.<..;::___:_-'-=:.+--'~-"-'-~te..=~ ~ A-mol ;~ j·e.-rS' .. -

OTHER REQUESTS: (i.e., Police Department assistance, Fire Department, Neighborhood and Economic Operations Department, Parks and Recreation, water, street closures, electrical, etc.) Please note that additional requests may incur additional charges.

INSURANCE: All sponsors of special events must carry liability insurance as set forth in the Special Events policy. A copy of either a Hold Harmless Agreement or a certificate of insurance AND endorsement naming the City of Jackson and the DDA as additional insureds for a liability policy must be provided at least two (2) weeks prior to scheduled Council approval.

CERTIFICATION AND SIGNATURE: I understand and agree on behalf of the sponsoring organization that:

1. I am the person with authority to act on behalf of the sponsoring organization.

2. I have submitted all required documents in support of the Special Events application, including insurance documents where applicable.

3. A $25 Special Event Application fee must be submitted along with this Special event Application.

4. Only the activities listed on the application will be permitted at the event. If additional activities are added, I will immediately contact the City of Jackson. I understand that the approval of my application may be withdrawn or additional requirements made.

5. All food vendors must be approved by the Jackson County Health Department, and each food or other vendor must provide the City of Jackson with a Certificate of Insurance which names the City of Jackson and the Downtown Development Authority as additional named insured parties on the policy.

QUEEN OF THE MIRACULOUS MEDAL CATHOLIC CHURCH

606 South Wisner Street Jackson, Michigan 49203 Phone: (517) 783-2748 Fax: (51 7) 788-4528

www.queenschurch.com

City of Jackson Special Events Downtown Development Authority 161 W Michigan Ave Jackson, Ml 49201

18 May 2018

To whom it may concern:

Attached is an application for the reservation of Blackman Park in Downtown Jackson on Sunday afternoon October 14th, 2018 for the purposes of a Public Rosary with Catholics from all Jackson County Catholic Parishes.

In the past, the City of Jackson has been very accommodating of any and all requests we have made. Last year, we were told that it was necessary to put this application before the City Council. What was once a short turnaround time took months, making it difficult for us to publicize the event because we could not guarantee the date or the venue.

I am not asking that a different procedure be followed, but I would hope that we could do all things necessary to shorten the amount of time it takes to render a decision in this matter so we can have the proper 15 time to publicize the event and assure its success.

If there is anything else we can do to speed this process along, please let me know. Thank you for working with us.

Respectfully submitted,

Very Rev. Fr. Timothy E. MacDonald, S.T.L. Vicar General - Diocese of Lansing Vicar Forane - Jackson Region Pastor - Queen of the Miraculous Medal, Jackson

Our Lady of Fatima, Michigan Center

ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/OD/YYYY)

L ___. 7/2/2018

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).

PRODUCER CONTACT NAME:

Arthur J . Gallagher Risk Management Services, Inc. rA~~N_\'~ ""''' 616-233-0910 I FAX 300 Ottawa NW, Suite 301 IA/C Nol: 616-233-0923

E-MAIL Grand Rapids Ml 49503 ADDRESS:

INSURER/SI AFFORDING COVERAGE NAIC#

INSURER A : Princeton Excess & Surolus Lines Ins Co 10786 INSURED INSURER e : Safety National Casualty Corooration 15105 Michigan Catholic Conference

INSURERC : QUEEN OF MIRACULOUS MEDAL, JACKSON 5054 510 S. Capitol Ave. INSURERD : Lansing Ml 48933 INSURERE :

INSURER F:

COVERAGES CERTIFICATE NUMBER: 1653346105 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR TYPE OF INSURANCE ADDL SUBR r&fil"J%~ ,~~M<ii~ LIMITS LTR oucn lwvn POLICY NUMBER

A x COMMERCIAL GENERAL LIABILITY y N2-AJ..EX-0000006-05 7/1/2018 7/112019 EACH OCCURRENCE $ 10,000,000 A - 0 CLAIMS-MADE D OCCUR

R2A3FF000000915 7/112018 71112019 U~l\\>C: I;~ " C:N I C:U PREMISES Ea occurrence I $ -

,___ MED EXP (Any one person) $

~ PESFG116101/05 PERSONAL & ADV INJURY $1,000,000

GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 R POLICY D ~~& D LOC PRODUCTS - COMP/OP AGG $2,000,000

OTHER: $

A AUTOMOBILE LIABILITY N2-A3-EX-OOOOOCJ6.05 7/112018 7/1/2019 fe~~~d~~l~INGLE LIMIT $ 10,000,000 A ,___ R2A3FF000000915 7/1/2018 7/1/2019 x ANY AUTO BODILY INJURY (Per peraon) $ ,___

OWNED ~ SCHEDULED BODILY INJURY (Per accident) $ >--- AUTOS ONLY - AUTOS

HIRED NON-OWNED rp~?~~RAMAGE $ I-- AUTOS ONLY - AUTOS ONLY

$

UMBRELLALIAB HOCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMs-MADE AGGREGATE 1$

OED I I RETENTION$ $

B WORKERS COMPENSATION SP4056930 7/112017 7/1/2019 x I ~f~TUTE I I OTH-ER AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTJVE

~ NI A E.L. EACH ACCIDENT $1,000,000

OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $1,000,000

g~~~~~fi~N o'F'~PERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 A Misc Professional Llabllity N2-AJ..EX-OOOOOQ6.0S 7/1/2018 7/1/2019 Dec/Claims Made $10,000,000 A Dir & Off/Counselors E&O R2A3FF000000915 7/1/2018 7/1/2019 ~~te $10,000,000

Claims Made Retro Date

DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space ls required) **LIMITS ARE INCLUSIVE OF DEFENSE & INSURED RETENTION** Following are Additional Insured regarding General Liability per form PESFG1161 01/05

PUBLIC ROSARY ON OCTOBER 14, 2018.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

City Of Jackson Downtown Development Authority ACCORDANCE WITH THE POLICY PROVISIONS.

161 W Michigan Ave. Jackson Ml 49201 AUTHORIZED REPRESENTATIVE USA ;;·~ JL I

4'·1_;; . .-© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

THE PRINCETON EXCESS AND SURPLUS LINES INSURANCE COMPANY

Date Issued: 06/29/2018

This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless otherwise stated herein. (The following information is required only when this endorsement is issued subsequent to preparation of the Policy.)

INSURED Michigan Catholic Conference

Policy No. R2-A3-FF-0000009-15 Endorsement Effective: 10/14/2018

,k:, ,!J. l/tJ.<1-Z~L~, \/ PRESIDENT SVP, SEC. & GEN. COUNSEL

The above is required to be completed only when this endorsement is issued subsequent to the preparation of the policy.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY

This Policy is subject to the following

ENDORSEMENT NO. 1

ADDITIONAL INSURED ENDORSEMENT

Schedule

Name of Additional Insured Person(s) or Organization(s): City of Jackson

Description of Activity(ies) or Operation(s):

161 W. Michigan Ave. Jackson Ml 49201

Public Rosary on October 14, 2018

The person or organization named in the Schedule above is added as an additional Insured under this policy but only as respects liability arising out of the specified activity(ies) or operation(s) described in the above and caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. Naming this entity as an additional Insured does not increase our Limits of Insurance as specified in the Declarations Page.

All other terms and conditions remain unchanged.

PESFG1004 01/05 ENDORSEMENT NO. 1 Page 1 of 1

P:\TRAFFIC\tco\TCO cover memos\TCO City Manager cover memo 2287.docx

 

MEMO TO: Mayor and City Councilmembers FROM: Patrick H. Burtch, City Manager DATE: September 4, 2018 SUBJECT: Traffic Control Order 2287

N. Mechanic Street, Michigan to Pearl Recommendation:

Approval of Traffic Control Order 2287 to install “No Bus Parking” signs on the west side of N. Mechanic Street from Michigan Avenue to Pearl Street.

Attached is a memo from Jon Dowling, City Engineer, for a Traffic Control Order on N. Mechanic St. as referenced above. I recommend approval of Traffic Control Order 2287. Your consideration and concurrence is appreciated. PHB  

P:\TRAFFIC\tco\TCO cover memos\TCO report to council 2287.docx

DEPARTMENTAL REPORT

MEMO TO: Patrick Burtch, City Manager FROM: Jon H. Dowling, P.E., City Engineer DATE: September 4, 2018 RECOMMENDATION: Approval of Traffic Control Order 2287 to install “No Bus Parking” signs on the west side of North Mechanic Street from Michigan Avenue to Pearl Street. A Traffic Control Order (TCO) is needed for the installation of “No Bus Parking” signs on the west side of North Mechanic Street from Michigan Avenue to Pearl Street.

Item Each Total 4 - “No Bus Parking ” Signs $13.75 $55.00 1 - hour labor/equipment $122.97 $122.97 Total $177.97

This is the estimated cost for this work, which will be paid from Major Streets Traffic funds. Local business owners in the 100 block of North Mechanic Street are concerned with the minimal parking on the west side of the street, when busses are parked in this area. Engineering recommends installation of “No Bus Parking” signs to prohibit on street bus parking on the west side of North Mechanic Street from Michigan Avenue to Pearl Street.

After review, Engineering has the following recommendation: Installation of “No Bus Parking” signs to prohibit on street bus parking on the west side of North Mechanic Street from Michigan Avenue to Pearl Street.

It is the recommendation of Engineering that Traffic Control Order 2287 be approved. If you have any questions please do not hesitate to contact me. ATTACHMENTS

SUMMARY

BUDGETARY CONSIDERATIONS

HISTORY, BACKGROUND and DISCUSSION

DISCUSSION OF THE ISSUE

POSITIONS

CITY OF JACKSON, MICHIGAN TRAFFIC ENGINEERING DIVISION

Traffic Control Order 2287 LOCATION: North Mechanic Street, Michigan Avenue to Pearl Street (100 Block) DATE: September 4, 2018 ASSIGNED TO: Downtown District Sign Modernization Contract TCO DESCRIPTION: Local business owners in the 100 block of North Mechanic Street are concerned with the minimal parking on the west side of the street, when busses are parked in this area. Engineering recommends installation of “No Bus Parking” signs to prohibit on street bus parking on the west side of North Mechanic Street from Michigan Avenue to Pearl Street. BY JON H. DOWLING, P.E. RECOMMENDATION: Engineering recommends installing “No Bus Parking” signs to prohibit on street bus parking on the west side of North Mechanic Street from Michigan Avenue to Pearl Street. APPROVED REJECTED DATE: September 4, 2018 BY CITY COUNCIL WORK ASSIGNMENT: DATE: September 4, 2018 TO: Contractor

1) Install “No Bus Parking” signs per recommendation on the west side of North Mechanic Street from Michigan Avenue to Pearl Street on existing posts.

BY JON H. DOWLING, P.E. MATERIAL USED

Posts Stop Time Limit No Parking Loading Zone One Way Yield Paint Other________ ASSIGNMENT COMPLETED DATE: BY: Downtown District Sign Modernization Contract WORK INSPECTED REMARKS: DATE: BY: Jon H. Dowling, P.E., City Engineer Copies: 1. Intersection File 2. TCO File 3. Work Order Copy 4. Police Dept. 5. Fire Dept 6. City Clerk

4

Traffic Control Order 2287 – N. Mechanic St., W. Michigan to Pearl, west side 

P:\TRAFFIC\tco\TCO cover memos\TCO City Manager cover memo 2288.docx

 

MEMO TO: Mayor and City Councilmembers FROM: Patrick H. Burtch, City Manager DATE: September 4, 2018 SUBJECT: Traffic Control Order 2288

N. Jackson Street, Washington to Cortland Recommendation:

Approval of Traffic Control Order 2288 to update the parking regulation on the west side of Jackson Street from Washington Avenue to Cortland Street, to have no vehicle remain parked for a period exceeding two (2) hours during enforcement hours.

Attached is a memo from Jon Dowling, City Engineer, for a Traffic Control Order on N. Jackson St. as referenced above. I recommend approval of Traffic Control Order 2288. Your consideration and concurrence is appreciated. PHB  

P:\TRAFFIC\tco\TCO cover memos\TCO report to council 2288.docx

DEPARTMENTAL REPORT

MEMO TO: Patrick Burtch, City Manager FROM: Jon H. Dowling, P.E., City Engineer DATE: September 4, 2018 RECOMMENDATION: Approval of Traffic Control Order 2288 to update the parking regulation on the west side of Jackson Street from Washington Avenue to Cortland Street, to have no vehicle remain parked for a period exceeding two (2) hours during enforcement hours. A Traffic Control Order (TCO) is needed to update the parking regulation on the west side of Jackson Street from Washington Avenue to Cortland Street, to have no vehicle remain parked for a period exceeding two (2) hours during enforcement hours of 8am-5pm, Monday-Friday.

Item Each Total 3 - Time Limit Parking Signs $13.75 $41.25 1 - hour labor/equipment $60.88 $60.88 Total $102.13

This is the estimated cost for this work, which will be paid from Major Streets Traffic funds. Street construction was completed in 2016 on Jackson Street from Washington Avenue to Cortland Street updating the on street parking from parallel parking to angle parking. This construction created additional on street parking for the downtown businesses in this area. Engineering recommends an update to the parking regulation to have no vehicle remain parked for a period exceeding two (2) hours during enforcement hours of 8am-5pm, Monday-Friday on the west side of Jackson Street from Washington Avenue to Cortland Street.

After review, Engineering has the following recommendation: An update to the parking regulation to have no vehicle remain parked for a period exceeding two (2) hours during enforcement hours of 8am-5pm, Monday-Friday on the west side of Jackson Street from Washington Avenue to Cortland Street. This recommendation will rescind TCO number 1671.

It is the recommendation of Engineering that Traffic Control Order 2288 be approved. If you have any questions please do not hesitate to contact me. ATTACHMENTS

SUMMARY

BUDGETARY CONSIDERATIONS

HISTORY, BACKGROUND and DISCUSSION

DISCUSSION OF THE ISSUE

POSITIONS

CITY OF JACKSON, MICHIGAN TRAFFIC ENGINEERING DIVISION

Traffic Control Order 2288 LOCATION: Jackson Street, Washington Avenue to Cortland Street DATE: September 4, 2018 ASSIGNED TO: Downtown District Sign Modernization Contract TCO DESCRIPTION Street construction was completed in 2016 on Jackson Street from Washington Avenue to Cortland Street updating the on street parking from parallel parking to angle parking. This construction created additional on street parking for the downtown businesses in this area. Engineering recommends an update to the parking regulation to have no vehicle remain parked for a period exceeding two (2) hours during enforcement hours of 8am-5pm, Monday-Friday on the west side of Jackson Street from Washington Avenue to Cortland Street. This recommendation will rescind the current one (1) hour parking regulation in this area. BY JON H. DOWLING, P.E. RECOMMENDATION Engineering recommends an update to the parking regulation to have no vehicle remain parked for a period exceeding two (2) hours during enforcement hours of 8am-5pm, Monday-Friday on the west side of Jackson Street from Washington Avenue to Cortland Street. This rescinds Traffic Control Order number 1671 approved by City Council 8/27/91. APPROVED REJECTED DATE: September 4, 2018 BY CITY COUNCIL WORK ASSIGNMENT: DATE: September 4, 2018 TO: Contractor

1) Install “Two Hour Parking” signs on the west side of Jackson Street from Washington Avenue to Cortland Street.

BY JON H. DOWLING, P.E. MATERIAL USED

Posts Stop Time Limit No Parking Loading Zone One Way Yield Paint Other______ ASSIGNMENT COMPLETED DATE: BY: Contractor WORK INSPECTED REMARKS: DATE: BY: Jon H. Dowling, P.E., City Engineer Copies: 1. Intersection File 2. TCO File 3. Work Order Copy 4. Police Dept. 5. Fire Dept 6. City Clerk

3

Traffic Control Order 2288 – S. Jackson St., Washington to Cortland, west side 

P:\TRAFFIC\tco\TCO cover memos\TCO City Manager cover memo 2289.docx

 

MEMO TO: Mayor and City Councilmembers FROM: Patrick H. Burtch, City Manager DATE: September 4, 2018 SUBJECT: Traffic Control Order 2289

N. Jackson Street, Michigan to Pearl Recommendation:

Approval of Traffic Control Order 2289 to establish the parking regulation on the east side of Jackson Street from Michigan Avenue to Pearl Street, to have no vehicle remain parked for a period exceeding one (1) hour during enforcement hours.

Attached is a memo from Jon Dowling, City Engineer, for a Traffic Control Order on N. Jackson St. as referenced above. I recommend approval of Traffic Control Order 2289. Your consideration and concurrence is appreciated. PHB  

P:\TRAFFIC\tco\TCO cover memos\TCO report to council 2289.docx

DEPARTMENTAL REPORT

MEMO TO: Patrick Burtch, City Manager FROM: Jon H. Dowling, P.E., City Engineer DATE: September 4, 2018 RECOMMENDATION: Approval of Traffic Control Order 2289 to establish the parking regulation on the east side of Jackson Street from Michigan Avenue to Pearl Street, to have no vehicle remain parked for a period exceeding one (1) hour during enforcement hours. A Traffic Control Order (TCO) is needed to establish the parking regulation on the east side of Jackson Street from Michigan Avenue to Pearl Street, to have no vehicle remain parked for a period exceeding one (1) hour during enforcement hours of 8am-5pm, Monday-Friday.

Item Each Total 3 - Time Limit Parking Signs $13.75 $41.25 1 - hour labor/equipment $60.88 $60.88 Total $102.13

This is the estimated cost for this work, which will be paid from Major Streets Traffic funds. After reviewing the parking time limits on the east side of Jackson Street from Michigan Avenue to Pearl Street, Engineering recommends establishing the parking regulation, no vehicle shall remain parked for a period exceeding one (1) hour between the hours of 8am-5pm, Monday-Friday, on the east side of Jackson Street from Michigan Avenue to Pearl Street.

After review, Engineering has the following recommendation: Establish the parking regulation to have no vehicle remain parked for a period exceeding one (1) hour during enforcement hours of 8am-5pm, Monday-Friday on the east side of Jackson Street from Michigan Avenue to Pearl Street. This recommendation will rescind TCO number 2053. It is the recommendation of Engineering that Traffic Control Order 2289 be approved. If you have any questions please do not hesitate to contact me. ATTACHMENTS

SUMMARY

BUDGETARY CONSIDERATIONS

HISTORY, BACKGROUND and DISCUSSION

DISCUSSION OF THE ISSUE

POSITIONS

CITY OF JACKSON, MICHIGAN TRAFFIC ENGINEERING DIVISION

Traffic Control Order 2289 LOCATION: Jackson Street, Michigan Avenue to Pearl Street (100 Block) DATE: September 4, 2018 ASSIGNED TO: Downtown District Sign Modernization Contract TCO DESCRIPTION After reviewing the parking time limits on the east side of Jackson Street from Michigan Avenue to Pearl Street, Engineering recommends establishing the parking regulation, no vehicle shall remain parked for a period exceeding one (1) hour between the hours of 8am-5pm, Monday-Friday, on the east side of Jackson Street from Michigan Avenue to Pearl Street. BY JON H. DOWLING, P.E. RECOMMENDATION Engineering recommends establishing the parking regulation, no vehicle shall remain parked for a period exceeding one (1) hour between the hours of 8am-5pm, Monday-Friday, on the east side of Jackson Street from Michigan Avenue to Pearl Street. This rescinds Traffic Control Order number 2053 approved by City Council 4/13/10. APPROVED REJECTED DATE: September 4, 2018 BY CITY COUNCIL WORK ASSIGNMENT: DATE: September 4, 2018 TO: Contractor

1) Install “One Hour Parking” signs on the east side of Jackson Street from Michigan Avenue to Pearl Street.

BY JON H. DOWLING, P.E. MATERIAL USED

Posts Stop Time Limit No Parking Loading Zone One Way Yield Paint Other______ ASSIGNMENT COMPLETED DATE: BY: Contractor WORK INSPECTED REMARKS: DATE: BY: Jon H. Dowling, P.E., City Engineer Copies: 1. Intersection File 2. TCO File 3. Work Order Copy 4. Police Dept. 5. Fire Dept 6. City Clerk

3

Traffic Control Order 2289 – S. Jackson St., Michigan Ave. to Pearl, east side 

P:\TRAFFIC\tco\TCO cover memos\TCO City Manager cover memo 2290.docx

 

MEMO TO: Mayor and City Councilmembers FROM: Patrick H. Burtch, City Manager DATE: September 4, 2018 SUBJECT: Traffic Control Order 2290

N. Higby Street, Williamston to Daniel Recommendation:

Approval of Traffic Control Order 2290 to rescind the “One Hour Parking” regulation for the west side of North Higby Street, from Williamson Street to Daniel Road.

Attached is a memo from Jon Dowling, City Engineer, for a Traffic Control Order on N. Jackson St. as referenced above. I recommend approval of Traffic Control Order 2290. Your consideration and concurrence is appreciated. PHB  

P:\TRAFFIC\tco\TCO cover memos\TCO report to council 2290.docx

DEPARTMENTAL REPORT

MEMO TO: Patrick Burtch, City Manager FROM: Jon H. Dowling, P.E., City Engineer DATE: September 4, 2018 RECOMMENDATION: Approval of Traffic Control Order 2290 to rescind the “One Hour Parking” regulation for the west side of North Higby Street, from Williamson Street to Daniel Road. A Traffic Control Order (TCO) is needed to rescind the “One Hour Parking” regulation for the west side of North Higby Street, from Williamson Street to Daniel Road to allow for on-street parking in this area without a regulated time limit.

Item Each Total 1 - hour labor/equipment $60.88 $60.88 Total $60.88

This is the estimated cost for this work, which will be paid from Major Streets Traffic funds. At the request of residents review the “One Hour Parking” regulation on the west side of North Higby Street from Williamson Street to Daniel Road. This regulation was set in place in 1967 due to the on-street parking issues caused by All Star Dairy’s employees and customers parking on the street for long periods of time. This regulation has remained in place although a large parking lot was added on the property in the late 1970’s and an additional parking lot added in the early 2000’s. The combination of these parking lots accommodates the necessary needed employee and customer parking. Engineering recommends rescinding the “One Hour Parking” regulation for the west side of North Higby Street, from Williamson Street to Daniel Road to allow for on-street parking in this area without a regulated time limit.

After review, Engineering has the following recommendation: Rescind the “One Hour Parking” regulation for the west side of North Higby Street, from Williamson Street to Daniel Road to allow for on-street parking in this area without a regulated time limit. This recommendation will rescind TCO number 1144. It is the recommendation of Engineering that Traffic Control Order 2290 be approved. If you have any questions please do not hesitate to contact me. ATTACHMENTS

SUMMARY

BUDGETARY CONSIDERATIONS

HISTORY, BACKGROUND and DISCUSSION

DISCUSSION OF THE ISSUE

POSITIONS

CITY OF JACKSON, MICHIGAN TRAFFIC ENGINEERING DIVISION

Traffic Control Order 2290 LOCATION: North Higby Street, Williamson Street to Daniel Road DATE: September 4, 2018 ASSIGNED TO: Sign Shop TCO DESCRIPTION At the request of residents review the “One Hour Parking” regulation on the west side of North Higby Street from Williamson Street to Daniel Road. This regulation was set in place in 1967 due to the on-street parking issues caused by All Star Dairy’s employees and customers parking on the street for long periods of time. This regulation has remained in place although a large parking lot was added on the property in the late 1970’s and an additional parking lot added in the early 2000’s. The combination of these parking lots accommodates the necessary needed employee and customer parking. Engineering recommends rescinding the “One Hour Parking” regulation for the west side of North Higby Street, from Williamson Street to Daniel Road to allow for on-street parking in this area without a regulated time limit. BY JON H. DOWLING, P.E. RECOMMENDATION Engineering recommends rescinding the “One Hour Parking” regulation for the west side of North Higby Street, from Williamson Street to Daniel Road to allow for on-street parking in this area without a regulated time limit. This rescinds Traffic Control Order number 1144, approved by City Council 8/8/67. APPROVED REJECTED DATE: September 4, 2018 BY CITY COUNCIL WORK ASSIGNMENT: DATE: September 4, 2018 TO: Sign Shop

1) Remove the “One Hour Parking” signs on the west side of North Higby Street from Williamson Street to Daniel Road.

BY JON H. DOWLING, P.E. MATERIAL USED

Posts Stop Time Limit No Parking Loading Zone One Way Yield Paint Other______ ASSIGNMENT COMPLETED DATE: BY: Sign Shop WORK INSPECTED REMARKS: DATE: BY: Jon H. Dowling, P.E., City Engineer Copies: 1. Intersection File 2. TCO File 3. Work Order Copy 4. Police Dept. 5. Fire Dept 6. City Clerk

Traffic Control Order 2290 – N. Higby St., Williamson St. to Daniel Rd., west side 

 

P:\TRAFFIC\tco\TCO cover memos\TCO City Manager cover memo 2291.docx

 

MEMO TO: Mayor and City Councilmembers FROM: Patrick H. Burtch, City Manager DATE: September 4, 2018 SUBJECT: Traffic Control Order 2291

United Way between Trail and Ganson Recommendation:

Approval of Traffic Control Order 2291 to establish north bound only traffic flow on United Way between Trail Street and Ganson Street.

Attached is a memo from Jon Dowling, City Engineer, for a Traffic Control Order on N. Jackson St. as referenced above. I recommend approval of Traffic Control Order 2291. Your consideration and concurrence is appreciated. PHB  

P:\TRAFFIC\tco\TCO cover memos\TCO report to council 2291.docx

DEPARTMENTAL REPORT

MEMO TO: Patrick Burtch, City Manager FROM: Jon H. Dowling, P.E., City Engineer DATE: September 4, 2018 RECOMMENDATION: Approval of Traffic Control Order 2291 to establish north bound only traffic flow on United Way between Trail Street and Ganson Street. A Traffic Control Order (TCO) is needed to establish north bound only traffic flow on United Way between Trail Street and Ganson Street.

Item Each Total 4 –Square Black Sign Breakaway Posts $98.58 $394.32 6 – One-Way Signs $22.35 $134.10 2 – Do Not Enter Signs $19.75 $39.50 3 - hour labor/equipment $201.54 $201.54 Total $769.46

This is the estimated cost for this work, which will be paid from Major Streets Traffic funds. At the request of Center for Family Health review the north bound one-way status of United Way between Trail Street and Ganson Street. When their facility was built in 2016, part of the site development agreement included the exits of the parking lots onto United Way will only allow vehicles to travel north bound. Vehicles are currently traveling both north and south bound creating a traffic hazard for motorists following the current directional markings. The current surface width of United Way is fifteen feet which does not meet the requirements for two lane traffic flow in both north and south bound directions at the same time. Engineering recommends to establish north bound only traffic flow on United Way between Trail Street and Ganson Street.

After review, Engineering has the following recommendation: Establishment of north bound only traffic flow on United Way between Trail Street and Ganson Street. This recommendation will rescind TCO number 1837. It is the recommendation of Engineering that Traffic Control Order 2291 be approved. If you have any questions please do not hesitate to contact me. ATTACHMENTS

SUMMARY

BUDGETARY CONSIDERATIONS

HISTORY, BACKGROUND and DISCUSSION

DISCUSSION OF THE ISSUE

POSITIONS

CITY OF JACKSON, MICHIGAN TRAFFIC ENGINEERING DIVISION

Traffic Control Order 2291 LOCATION: United Way, Trail Street to Ganson Street DATE: September 4, 2018 ASSIGNED TO: Downtown Sign Modernization Contract TCO DESCRIPTION At the request of Center for Family Health review the north bound one-way status of United Way between Trail Street and Ganson Street. When their facility was built in 2016, part of the site development agreement included the exits of the parking lots onto United Way will only allow vehicles to travel north bound. Vehicles are currently traveling both north and south bound creating a traffic hazards for motorists following the current directional markings. The current surface width of United Way is fifteen feet which does not meet the requirements for two lane traffic flow in both north and south bound directions at the same time. Engineering recommends to establish north bound only traffic flow on United Way between Trail Street and Ganson Street. BY JON H. DOWLING, P.E. RECOMMENDATION Engineering recommends north bound only traffic flow on United Way between Trail Street and Ganson Street. This rescinds Traffic Control Order number 1837, approved by City Council 9/2/03. APPROVED REJECTED DATE: September 4, 2018 BY CITY COUNCIL WORK ASSIGNMENT: DATE: September 4, 2018 TO: Contractor

1) Install “One-Way” signs north bound on United Way at Trail Street and at Ganson Street.

2) Install “Do Not Enter” signs on United Way at Ganson Street facing south bound.

BY JON H. DOWLING, P.E. MATERIAL USED

Posts Stop Time Limit No Parking Loading Zone One Way Yield Paint Other______ ASSIGNMENT COMPLETED DATE: BY: Sign Shop WORK INSPECTED REMARKS: DATE: BY: Jon H. Dowling, P.E., City Engineer Copies: 1. Intersection File 2. TCO File 3. Work Order Copy 4. Police Dept. 5. Fire Dept 6. City Clerk

4 6 2

Traffic Control Order 2291 – United Way, W. Ganson to W. Trail 

 

P:\TRAFFIC\tco\TCO cover memos\TCO City Manager cover memo 2292-2297.docx

 

MEMO TO: Mayor and City Councilmembers FROM: Patrick H. Burtch, City Manager DATE: September 4, 2018 SUBJECT: Washington Avenue –West Avenue to First Street Conversion to Two-Way Traffic Recommendation:

Approval of Traffic Control Orders 2292 through 2297 to Convert Washington Avenue between West Avenue and First Street from One-Way Eastbound to Two-Way Traffic.

Attached is a report and Traffic Control Orders from Jon Dowling, City Engineer to establish two-way traffic on Washington Avenue from West Avenue to First Street. I recommend approval of Traffic Control Orders 2292 through 2297. Your consideration and concurrence is appreciated. PHB  

 

 

 

 

 

 

 

 

 

 

P:\TRAFFIC\tco\TCO cover memos\TCO 2292-2297 report to council.docx

DEPARTMENTAL REPORT

MEMO TO: Patrick Burtch, City Manager FROM: Jon H. Dowling, P.E., City Engineer DATE: September 4, 2018 RECOMMENDATION: Approval of Traffic Control Orders 2292-2297 to Convert Washington Avenue between West Avenue and First Street from One-Way Eastbound to Two-Way Traffic.

Traffic Control Orders are needed to accomplish the conversion of Washington Avenue between West Avenue and First Street from one-way eastbound to two-way traffic.

The estimated cost for barricades, temporary signage and pavement marking during the conversion to two-way traffic, is $14,000, to be paid out of Major Street Funds. Washington Avenue between West Avenue and First Street has been one-way eastbound for many years. Engineering received a request to review the traffic pattern and the possibility of establishing two-way traffic on this portion of Washington Avenue. The City has followed a procedure on past streets with the conversion from one-way to two-way which will be used on Washington Avenue. The procedure requires barricading off the lanes that will be used in the opposite direction from the one-way street for two weeks, to train motorists that a change is coming, while leaving barrels in the center for two more weeks after two-way traffic has started. The proposed two way traffic flow is easier for residents to access their property and is safer for pedestrians crossing the roadway. Traffic Control orders (see attached) were prepared as follows for the various necessary to accomplish the change to two-way traffic: TCO 2292: To establish two-way traffic. TCO 2293: To establish parking regulations on Washington Avenue from West Avenue to Seventh Street. TCO 2294: To establish parking regulations on Washington Avenue from Seventh Street to Fourth Street. TCO 2295: To establish parking regulations on Washington Avenue from Fourth Street to Third Street. TCO 2296: To establish parking regulations on Washington Avenue from Third Street to Second Street. TCO 2297: To establish parking regulations on Washington Avenue from Second Street to First Street.

It is the recommendation of Engineering that Traffic Control Orders 2292-2297 be approved. If you have any questions please do not hesitate to contact me. ATTACHMENTS

SUMMARY

BUDGETARY CONSIDERATIONS

HISTORY, BACKGROUND and DISCUSSION

DISCUSSION OF THE ISSUE

POSITIONS

CITY OF JACKSON, MICHIGAN TRAFFIC ENGINEERING DIVISION

Traffic Control Order 2292 LOCATION: Washington, West Avenue to First Street DATE: September 4, 2018 ASSIGNED TO: TCO DESCRIPTION At the request of the City Manager review possibility of changing Washington Avenue from one way eastbound to two-way traffic flow from West Avenue to First Street. BY JON H. DOWLING, P.E. RECOMMENDATION Traffic on Washington Avenue from West Avenue to First Street shall be able to travel either east or westbound. This TCO rescinds TCOs 0909 and 0908. APPROVED REJECTED DATE: BY CITY COUNCIL WORK ASSIGNMENT: To Sign Shop DATE: TO: BY JON H. DOWLING, P.E. MATERIAL USED

Posts Stop Time Limit No Parking Loading Zone One Way Yield Paint Other______ ASSIGNMENT COMPLETED DATE: BY: Sign Shop WORK INSPECTED REMARKS: DATE: BY: Jon H. Dowling, P.E., City Engineer Copies: 1. Intersection File 2. TCO File 3. Work Order Copy 4. Police Dept. 5. Fire Dept 6. City Clerk

CITY OF JACKSON, MICHIGAN TRAFFIC ENGINEERING DIVISION

Traffic Control Order 2293 LOCATION: Washington, West Avenue to Seventh Street DATE: September 4, 2018 ASSIGNED TO: TCO DESCRIPTION As A matter of housekeeping create Traffic Control Orders for parking regulations on Washington Avenue from West Avenue to Seventh Street. BY JON H. DOWLING, P.E. RECOMMENDATION On the north and south sides of Washington Avenue from West Avenue to Seventh Street parking shall be prohibited. This TCO rescinds TCOs 0565 and 1019. APPROVED REJECTED DATE: BY CITY COUNCIL WORK ASSIGNMENT: To Sign Shop DATE: TO: BY JON H. DOWLING, P.E. MATERIAL USED

Posts Stop Time Limit No Parking Loading Zone One Way Yield Paint Other______ ASSIGNMENT COMPLETED DATE: BY: Sign Shop WORK INSPECTED REMARKS: DATE: BY: Jon H. Dowling, P.E., City Engineer Copies: 1. Intersection File 2. TCO File 3. Work Order Copy 4. Police Dept. 5. Fire Dept 6. City Clerk

CITY OF JACKSON, MICHIGAN TRAFFIC ENGINEERING DIVISION

Traffic Control Order 2294 LOCATION: Washington, Seventh Street to Fourth Street DATE: September 4, 2018 ASSIGNED TO: TCO DESCRIPTION As A matter of housekeeping create Traffic Control Orders for parking regulations on Washington Avenue from Seventh Street to Fourth Street. BY JON H. DOWLING, P.E. RECOMMENDATION On the north and south sides of Washington Avenue from Seventh Street to Fourth Street parking shall be prohibited. This TCO rescinds TCOs 1019 and 1665. APPROVED REJECTED DATE: BY CITY COUNCIL WORK ASSIGNMENT: To Sign Shop DATE: TO: BY JON H. DOWLING, P.E. MATERIAL USED

Posts Stop Time Limit No Parking Loading Zone One Way Yield Paint Other______ ASSIGNMENT COMPLETED DATE: BY: Sign Shop WORK INSPECTED REMARKS: DATE: BY: Jon H. Dowling, P.E., City Engineer Copies: 1. Intersection File 2. TCO File 3. Work Order Copy 4. Police Dept. 5. Fire Dept 6. City Clerk

CITY OF JACKSON, MICHIGAN TRAFFIC ENGINEERING DIVISION

Traffic Control Order 2295 LOCATION: Washington, Fourth Street to Third Street DATE: September 4, 2018 ASSIGNED TO: TCO DESCRIPTION As A matter of housekeeping create Traffic Control Orders for parking regulations on Washington Avenue from Fourth Street to Third Street. BY JON H. DOWLING, P.E. RECOMMENDATION On the north and south sides of Washington Avenue from Fourth Street to Third Street parking shall be prohibited. This TCO rescinds TCOs 1018 and 1665. APPROVED REJECTED DATE: BY CITY COUNCIL WORK ASSIGNMENT: To Sign Shop DATE: TO: BY JON H. DOWLING, P.E. MATERIAL USED

Posts Stop Time Limit No Parking Loading Zone One Way Yield Paint Other______ ASSIGNMENT COMPLETED DATE: BY: Sign Shop WORK INSPECTED REMARKS: DATE: BY: Jon H. Dowling, P.E., City Engineer Copies: 1. Intersection File 2. TCO File 3. Work Order Copy 4. Police Dept. 5. Fire Dept 6. City Clerk

CITY OF JACKSON, MICHIGAN TRAFFIC ENGINEERING DIVISION

Traffic Control Order 2296 LOCATION: Washington, Third Street to Second Street DATE: September 4, 2018 ASSIGNED TO: TCO DESCRIPTION As A matter of housekeeping create Traffic Control Orders for parking regulations on Washington Avenue from Third Street to Second Street. BY JON H. DOWLING, P.E. RECOMMENDATION On the north and south sides of Washington Avenue from Third Street to Second Street parking shall be prohibited. This TCO rescinds TCOs 1017 and 1665. APPROVED REJECTED DATE: BY CITY COUNCIL WORK ASSIGNMENT: To Sign Shop DATE: TO: BY JON H. DOWLING, P.E. MATERIAL USED

Posts Stop Time Limit No Parking Loading Zone One Way Yield Paint Other______ ASSIGNMENT COMPLETED DATE: BY: Sign Shop WORK INSPECTED REMARKS: DATE: BY: Jon H. Dowling, P.E., City Engineer Copies: 1. Intersection File 2. TCO File 3. Work Order Copy 4. Police Dept. 5. Fire Dept 6. City Clerk

CITY OF JACKSON, MICHIGAN TRAFFIC ENGINEERING DIVISION

Traffic Control Order 2297 LOCATION: Washington, Second Street to First Street DATE: September 4, 2018 ASSIGNED TO: TCO DESCRIPTION As A matter of housekeeping create Traffic Control Orders for parking regulations on Washington Avenue from Second Street to First Street. BY JON H. DOWLING, P.E. RECOMMENDATION On the north and south sides of Washington Avenue from Second Street to First Street parking shall be prohibited. This TCO rescinds TCOs 0099, 0965 and 1665. APPROVED REJECTED DATE: BY CITY COUNCIL WORK ASSIGNMENT: To Sign Shop DATE: TO: BY JON H. DOWLING, P.E. MATERIAL USED

Posts Stop Time Limit No Parking Loading Zone One Way Yield Paint Other______ ASSIGNMENT COMPLETED DATE: BY: Sign Shop WORK INSPECTED REMARKS: DATE: BY: Jon H. Dowling, P.E., City Engineer Copies: 1. Intersection File 2. TCO File 3. Work Order Copy 4. Police Dept. 5. Fire Dept 6. City Clerk

Traffic Control Orders 2292‐2297 – Washington Avenue Conversion to 2‐Way, First St. to West Ave. 

 

CITY OF JACKS= N ------C-ity_ A_t_to_rn_ey-'s_o_rri_ic_e 161 W. Michigan Ave.• Jackson, Ml 49201

F 0 u n d e d 18 2 9 Phone: (517) 788-4050, (517) 788-4023 • Facsimile: (866) 971-2117

MEMO TO:

FROM:

DATE:

SUBJECT:

Honorable Mayor and City Councilmembers

Bethany M. Smith, City Attorne/?;)

Council Meeting - September 4,~~8 Accounts Receivable Write-Off Request

Recommendation: APPROVE the Accounts Receivable Write-Off Request.

Your consideration and concurrence is appreciated.

DEPARTMENT REPORT

ME'MO TO: Honorable Mayor and City Councilmembers

FROM: Bethany M. Smith, City Attome@

DATE: Council Meeting- September 4, 2018

RECOMMENDATION: APPROVE the Accounts Receivable Write-Off Request.

Attached is a memorandum from Finance Director Phil Hones requesting a write-off for the list of debts attached to his memorandum.

HISTORY. BACKGROUND and DISCljSSION

Attached is a memorandum from the Finance Department entitled "Accounts Receivable Write Off' dated May 30, 2018 requesting a write-off for the listed debts attached to the memorandum. The last column of the Invoice Write Off List that is attached gives the reason that the account is recommended for write off. The City Attorney's Office concurs with the request. The debt is still owed by the debtors - the City will just not be sending monthly invoice statements to the debtors.

POSITION

It is the recommendation of the City Attorney's Office that Council approve the debts listed for write-off as bad debts.

ATTACHMENTS: Memorandum from Phil Hones, dated May 30, 2018 A spreadsheet containing a list of the debts to be written off

CITY OF F. D JACKS= N -------1-na_n __ ce_ e_pa_rt_m_e_nt 161 W. Michigan Ave.• Jackson, Ml 49201

F 0 u n de d 18 2 9 Phone: (517) 788-4030. Facsimile: (866) 763-7956

May 30, 2018

TO: Bethany Smith, City Attorney

FROM: Phil Hones, Finance Director

RE: Accounts Receivable Write-Off

Attached for your review is a listing of the City's accounts receivable prepared by the Finance Department. These invoices are comprised of:

I) Amounts where the invoiced party has had their debts discharged through bankruptcy, 2) Amounts that have been turned over to the City's collection agency and remain unpaid after

two years or longer, 3) Amounts where the invoiced party is no longer in business, and 4) Amounts where the invoiced party is deceased and there is no estate.

I do not believe that collection efforts should be continued with regards to invoices on this listing due to impracticality and the unlikelihood of collection. Therefore, in accordance with the City's current policy, I am forwarding this listing to your office for your review and your subsequent recommendation to the City Council that they be approved for write-off.

Please let me know if you have any questions regarding this issue.

Thank you in advance.

Copy: Gilbert Carlson, Assistant City Attorney

Invoice Date Invoice# Invoice Code Invoiced To Total Due Comments

10/14/2015 1500018007 Mowing McM ichael, Travis $196.90 Bankruptcy

12/29/2015 1500018270 Clean Up McMichael, Travis $297.04 Bankruptcy

12/18/2015 1500018221 False Alarm Langohr, Tara L $110.00 Bankruptcy

09/03/2014 1400016014 Demo Farrell, Bryan L $14,439.32 Bankruptcy

08/05/2016 1600019248 Demo Funderburk, Virgil $5,653.23 Bankruptcy

07/08/2014 1400015694 Clean Up Tingley Group LLc $310.56 Bankruptcy

06/19/2014 1400015472 Mowing Tingley Group Lie $145.41 Bankruptcy

10/03/2017 1700021527 Clean Up Church, Keegan $290.28 Bankruptcy

10/20/2014 1400016348 Mowing 5G US Properties $142.27 Coll 2015

Inc

09/03/2014 1400016027 Demo 304 Biddle St Lie $6,806.88 2015

10/02/2015 1500017926 Mowing 420 Adams Street $237.03 2015

LLc

07/09/2015 1500017528 Mowing 420 Adams Street $242.37 2015

Lie

09/03/2014 1400016026 Demo 420 Adams Street $6,928.72 2015

LLc

09/03/2014 1400016007 Demo 2101 E Michigan $27,542.44 2015

Ave Lie

09/03/2014 1400016008 Demo 212 W Mansion St $8,771.08 2015

Lie

06/04/2014 1400015301 Mowing 88 Housing LLc $175.57 2015

06/16/2014 1400015389 Mowing Alwajeh, Ali S $165.14 2015

03/17/2014 1400014063 Inspection fee Alwajeh, Ali S $210.04 2015

08/15/2014 1400015924 Mowing Atkins, Joshua $175.57 2015

l

09/03/2014 1400015998 Demo American Pension $11,068.72 2015 Svc Inc

08/18/2014 1400015942 Mowing BAC Home Loans $256.88 2015 Servicing

11/06/2014 1400016404 Mowing BAC Home Loans $238.50 2015 Servicing

06/16/2014 1400015394 Mowing BAC Home Loans $165.14 2015 Servicing

01/06/2015 1500016623 Clean up Bassham, James M $297.04 2015

07/07/2014 1400015678 Mowing Blanchard, $158.76 2015 Scott/Elizabeth

11/16/2015 1500018095 Clean up Bloom, David $351.12 2015

09/23/2014 1400016143 Mowing Booher, Craig $143.84 2015

03/17/2014 1400013889 Accident Britt, Nathyn $3,932.78 2015 repair James-Heath

04/25/2014 1400014751 Accident Brown, Bryant Q $1,524.44 2015 repair

07/28/2014 1400015855 Mowing Butler, Richard C $146.98 2015

10/07/2014 1400016284 Mowing Carter-Thomas, $255.91 2015 Alinda

08/18/2014 1400015940 Mowing Carter-Thomas, $195.43 2015 Alinda

07/07/2014 1400015661 Mowing Carter-Thomas, $193.32 2015 Alinda

05/29/2.014 1400015177 Inspection Castles Keeps & $205.66 2015 Heaps LLc

05/29/2014 1400015178 Inspection Castles Keeps & $176.32 2015 Heaps llc

08/15/2014 1400015919 Mowing Circle 8 llc $256.88 2015

07/23/2014 1400015794 Mowing Chappell, Herman $163.36 2015

& Frances

03/14/2014 1400014112 Clean Up Circle B Lie $324.08 2015

08/18/2014 1400015934 Mowing Dayley, Bob & $256.88 2015

Yurong

06/12/2014 1400015378 Mowing Dayley, Bob & $175.57 2015

Vurong

09/03/2014 1400016043 Demo Denman $9,535.80 2015

Enterprises Lie

09/23/2014 1400016148 Mowing Dotson, Martha A $182.92 2015

05/29/2014 1400015222 Inspection Dotson, Martha A $205.66 2015

09/03/2014 1400016052 Demo Douglas, Lena J & $5,061.12 2015

Tina M

12/16/2014 1400016557 Clean Up EH Pooled 513 LP $300.42 2015

07/08/2014 1400015699 Clean up EH Pooled 513 LP $310.56 2015

06/23/2014 1400015599 FVA Empire $337.40 Uncollectible

Construction

03/17/2014 1400014104 FVA Empire $345.83 Uncollectible

Construction

10/07/2014 1400016263 Mowing Equity Trust Co $161.58 2015

Cust FBO Judy

Wang

07/24/2014 1400015818 Dang Equity Trust Co $379.56 2015

Structure Cust FBO Judy

Wang

04/25/2014 1400014743 Clean Up Fletcher, Judy A $320.70 2015

10/07/2014 1400016286 Mowing Future Capital $221.84 2015

Holdings Lie

09/23/2014 1400016131 Mowing Gabbard, Cheryl l $163.36 2015

09/23/2014 1400016155 Mowing Glenn, Lesley $163.36 2015

04/25/2014 1400014746 Clean up Glenn, Lesley $320.70 2015

09/11/2014 1400016083 Mowing Future Capital $224.28 2015

Holdings lie

07/07/2014 1400015679 Mowing Future Capital $158.76 2015

Holdings Llc

10/14/2015 1500018014 Mowing Goodwin Estate, $192.16 Deceased No

Kadiedra Estate per PBB

06/04/2014 1400015295 Mowing Halbmaier, $175.57 2015

Jonathen P/Robin

R

11/21/2014 1400016424 Demo Hall & King $5,708.30 2015

Properties Lie

09/10/2014 1400016062 Mowing Hall, John/Kim $224.28 2015

06/12/2014 1400015368 Mowing Hall, John/Kim $160.49 2015

09/10/2014 1400016065 Mowing Harvey, Teresa M $143.84 2015

10/07/2014 1400016243 Mowing Harvey, Teresa M $221.84 2015

09/03/2014 1400016051 Demo Harvey, Teresa M $8,771.08 2015

11/06/2014 1400016412 Funeral OT Henderson, Jean $309.40 2015

10/06/2014 1400016224 Mowing Hicok, Rob $142.27 2015

01/06/2015 1500016648 Clean Up Hicks Estate, $297.04 2015

Harold

12/03/2014 1400016504 Mowing Hoage Jr, William L $216.96 2015 Incarcerated

09/24/2014 1400016195 Mowing Hoage Jr, William L $143.84 2015 Incarcerated

09/03/2014 1400016053 Demo Hoage Jr, William L $13,483.13 2016 Incarcerated

09/03/2014 1400016009 Demo Hogar, Hispano Inc $8,538.72 2015

07/28/2014 1400015856 Mowing Homsombath, Vith $221.68 2015

07/28/2014 1400015844 Mowing Home Opportunity $173.68 2015 LLc/Halo Asset

Mgmt LLc

12/03/2014 1400016509 Mowing Home Opportunity $235.85 2015 LLc/Halo Asset

Mgmt LLc

10/07/2014 1400016267 Mowing Home Opportunity $241.15 2015 Llc/Halo Asset

Mgmt Lie

09/03/2014 1400016019 Demo Home Opportunity $13,483.72 2015 Lie/Halo Asset

Mgmt Lie

09/24/2014 1400016199 Mowing Home Opportunity $243.80 2015 Lie/Halo Asset

Mgmt Lie

07/23/2014 1400015808 Mowing Hope Through $197.92 2015 Divine Intervention

12/03/2014 1400016505 Mowing Hopkins, $158.02 2015 Darnell/Carletta

10/07/2014 1400016248 Mowing Hopkins, $241.15 2015 Darnell/Carletta

09/24/2014 1400016178 Mowing Hopkins, $163.36 2015 Darnell/Carletta

09/03/2014 1400015989 Demo Hopkins, $7,788.92 2016 Darnell/Carletta

10/06/2014 1400016236 Mowing Hoxsey, Deena L $221.84 2015

09/23/2014 1400016154 Mowing Hoxsey, Deena L $143.84 2015

09/03/2014 1400016015 Demo In Seven Lie $7,348.56 2015

10/06/2014 1400016227 Mowing Inman Esate, $256.02 2015 Margaret

07/28/2014 1400015843 Mowing Jabkiewicz, Joseph $158.76 2015

06/17/2014 1400015407 Mowing Inman Estate, $180.35 2015

Margaret

12/3/2014 1400016507 Mowing Jabkiewicz, Joseph $235.85 2015

09/11/2014 1400016077 Mowing Jabkiewicz, Joseph $224.28 2015

09/11/2014 1400016076 Mowing Jabkiewicz, Joseph $243.80 2015

07/28/2014 1400015842 Mowing Jabkiewicz, Joseph $254.12 2015

06/04/2014 1400015306 Mowing Jabkiewicz, Joseph $175.57 2015

09/23/2014 1400016128 Mowing JC Gemini Ill B LLc $243.80 2015

06/17/2014 1400015417 Mowing JC Gemini Ill B LLc $236.02 2015

11/06/2014 1400016399 Mowing Johnson, Shelton $219.40 2015

06/17/2014 1400015398 Mowing Johnson, Shelton $180.35 2015

09/23/2014 1400016161 Mowing Joshua Harvest $143.84 2015

Ministries

11/01/2013 1300012737 Mowing Joshua Harvest $121.18 2015

Ministries

10/07/2014 1400016244 Mowing Kashi, Adam G $241.15 2015

11/21/2014 1400016425 Demo Kashi, Adam G $6,496.90 2015

07/23/2014 1400015803 Mowing Kashi, Adam G $163.36 2015

12/03/2014 1400016513 Mowing Kersey, Eric $235.85 2015

10/07/2014 1400016255 Mowing Kersey, Eric $241.15 2015

06/16/2014 1400015388 Mowing Kersey, Eric $165.14 2015

05/14/2014 1400015047 Inspection Kersey, Eric $205.66 2015

12/22/2014 1400016569 Accident Keyes, Sarah $4,900.42 2015

repairs Anne II

06/18/2015 1500017352 Demo Kilbourn, $9,180.36 2016 deceased no

Scott/Tonya estate per PBB

10/07/2014 1400016280 Mowing Krzeczkowski, Mak $251.15 2015

10/22/2014 1400016358 Mowing Krzeczkowski, Mak $241.15 2015

06/12/2014 1400015377 Mowing Krzeczkowski, Mak $175.57 2015

10/07/2014 1400016283 Mowing Kuhl, Stephen $195.76 2015

07/28/2014 1400015831 Mowing Leach & Co Inc $173.68 2015

11/15/2012 1200008191 Demo Leach & Co Inc $14,541.00 2015

09/11/2014 1400016078 Mowing Lige, Phillip E $243.80 2015

06/17/2014 1400015400 Mowing Lige, Phillip E $200.08 2015

09/23/2014 1400016146 Mowing Littlejohn, $178.40 2015

Darissa/Michael

11/21/2013 1300012832 Demo Littlejohn, $3662.60 2015

Darissa/Michael

06/06/2014 1400015364 Repair signs long, Connie $121.57 2015

accident

11/21/2013 1300012831 Demo Love, Charlotte $9,062.60 2015

04/17/2014 1400014734 Clean up Maddin, Tara Lynn $320.70 2015

08/19/2014 1400015958 Mowing Malding Sr, Brian $200.08 2015

05/14/2014 1400014923 Inspection Malding Sr, Brian $58.82 2015

08/07/2015 1500017719 Mowing MannorSr, $255.36 2016 Deceased no

Kenneth Estate per PBB

08/18/2014 1400015936 Mowing Mayes, Linda/Virgil $175.57 2015

09/03/2014 1400016013 Demo McDaniel, $9,535.80 2015

Veronica

10/07/2014 1400016253 Mowing McDaniel, $161.58 2015

Veronica

07/08/2014 1400015758 Inspection McGlothen, Betty $57.56 2015

07/08/2014 1400015715 Clean Up McGlothen, Betty $368.12 2015

7

06/23/2014 1400015535 Inspection McGlothen, Betty $203.47 2015

06/12/2014 1400015372 Mowing McGlothen, Betty $160.49 2015

08/19/2014 1400015957 Mowing McKessy, $261.53 2015

Chad/Cheryl

07/07/2014 1400015655 Mowing McKessy, $193.32 2015

Chad/Cheryl

10/07/2014 1400016271 Mowing McKessy, $255.91 2015

Chad/Cheryl

03/27/2014 1400014223 Clean Up McKessy, $324.08 2015

Chad/Cheryl

09/03/2014 1400016040 Demo Medina, Iris $9,971.68 2015

09/24/2014 1400016197 Mowing Merklinger, $163.36 2015

Cynthia

12/03/2014 1400016506 Mowing Merklinger, $235.85 2015

Cynthia

09/03/2014 1400016004 Demo Merklinger, $8,756.70 2015

Cynthia

02/21/2013 1300009586 Demo Miller, $16,301.32 2015

Robert/Janice

06/17/2014 1400015409 Mowing Mitchell, David $200.08 2015 deceased no

estate per PBB

10/06/2014 1400016230 Mowing Mitchell, David $267.65 2016 deceased no

estate per PBB

05/29/2014 1400015211 Inspection Mitchell, David $205.66 2015 deceased no

estate per PBS

10/31/2013 1300012653 Demo Moss, Laneice $3,084.34 2015

11/15/2012 1200008200 Demo Myer, Rena $10,718.36 2015

11/21/2014 1400016478 Clean Up Nastally, $303.80 2015

Ernest/Debra

06/19/2014 1400015463 Mowing Neilsen, Sarah $182.61 2015

10/07/2014 1400016254 Mowing NIS Investments Lie $161.58 2015

10/07/2014 1400016251 Mowing NIS Investments lie $142.27 2015

09/12/2014 1400016094 Demo NIS Investments lie $9,592.12 2015

09/03/2014 1400016016 Demo NIS Investments Lie $10,953.72 2015

07/08/2014 1400015705 Clean Up P & M Investments $310.56 2015

12/01/2015 1500018141 Mowing Pearl Jr, Sylvester $200.32 2016/lncarcerated

10072014 1400016270 Mowing Pulliman, $241.15 2015

Michael/Colleen

09/24/2014 1400016203 Mowing Pulliman, $163.36 2015

Michael/Colleen

09/03/2014 1400016050 Demo Pulliman, $8,771.08 2015

Michael/Colleen

10/03/2013 1300012337 Mowing Pulliman, $156.80 2016

Michael/Colleen

11/27/2012 1200008317 Demo Randall, $16,218.01 2015

Calvin/Barbara

09/11/2014 1400016071 Mowing Reddick, Shirell $178.28 2015

06/23/2014 1400015858 Mowing Richardson, $143.84 2015

Michael/Victoria

09/03/2014 1400016031 Demo Rose, David $11,758.72 2015

06/17/2015 1500017264 Mowing Rose, David $170.32 2016 uncollectible

perPBB

07/09/2015 1500017540 Mowing Rose, David $168.46 2016 uncollectible

10/14/2015 1500018031 Mowing Rose, David $166.60 2015 uncollectible

08/14/2015 1500017758 Demo Rose, David $22,954.45 2017 uncollectible

08/21/2015 1500017779 Mowing Rose, David $183.22 2016 uncollectible

09/08/2015 1500017831 Mowing Rose, David $181.20 2016 uncollectible

07/29/2015 1500017670 Mowing Rose, David $183.22 2016 uncollectible

07/24/2015 1500017634 Mowing Rose, David $153.59 2016 uncollectible

09/08/2015 1500017843 Mowing Rose, David $166.60 2016 uncollectible

10/02/2015 1500017930 Mowing Rose, David $164.74 2016 uncollectible

10/02/2015 1500017931 Mowing Rose, David $179.18 2016 uncollectible

07/09/2015 1500017483 Mowing Rose, David $182.11 2016 uncollectible

07/16/2015 1500017593 Demo Rose, David $14,973.12 2016 uncollectible

09/03/2014 1400016032 Demo Rose, David $5,715.44 2015

09/03/2014 1400016033 Demo Rose, David $15,319.12 2015

09/03/2014 1400016034 Demo Rose, David $7,461.20 2015

09/03/2014 1400016035 Demo Rose, David $16,629.00 2015

09/03/2014 1400016036 Demo Rose, David $10,735.28 2015

10/02/2012 1200007979 Demo Rowen, Cynthia $13,259.48 2015

06/07/2013 1300011009 Demo Schwab, Monkia $8,755.48 2014

09/23/2014 1400016134 Mowing Shiner, $163.36 2015

Barry/Colleen

10/30/2013 1300012611 Clean Up Spencer, Diane $347.74 2015

09/11/2014 1400016072 Mowing Steiner-Bolhouse, $224.28 2015

Susan

07/07/2014 1400015669 Mowing Steiner-Bolhouse, $158.76 2015

Susan

01/30/2015 1500016873 Dangerous Stockard, Randal $363.04 2015

Structure

06/23/2014 1400015539 Inspection Stockard, Randal $174.44 2015

05/14/2014 1400015006 Inspection Stockard, Randal $205.66 2015

-JO

06/12/2014 1400015385 Mowing Striker, Clayton $175.57 2015

09/23/2014 1400016162 Mowing Sullivan, Roberta $163.36 2015

09/12/2014 1400016095 Demo Sullivan, Roberta $19,314.28 2015

10/07/2014 1400016250 Mowing Sullivan, Roberta $161.58 2015

10/07/2014 1400016245 Mowing Sullivan, Roberta $241.15 2015

09/03/2014 1400016029 Demo Sullivan, Roberta $6,928.72 2015

09/03/2014 1400016047 Demo Summers, $22,632.00 2015

Michael/Fonda

01/13/2015 1500016616 Dangerous Sumner, $247.48 2015

Structure Larry/Anissa

09/23/2014 1400016130 Mowing Sun, Yu Jun $272.95 2016 uncollectible

per PBB

07/07/2014 1400015660 Mowing Sweetco Properites $158.76 2015

Llc

07/24/2014 1400015825 Demo Talbert, Bettie $8,430.44 2016 uncollectible

per PBB

12/29/2015 1500018283 Clean Up Thomas, $347.74 2015

John/Edith

11/21/2014 1400016426 Demo Thorp, Gregory $9,928.10 2015

07/23/2014 1400015797 Mowing Triana Enterprises $163.36 2015

Lie

12/16/2014 1400016559 Clean Up Trusty, Tone $300.42 2015 deceased

08/19/2014 1400015970 Police/Event Viral Events $1,422.73 2015

05/28/2014 1400015366 Mowing Walker, $175.57 2015

Johnny/Rebecca

09/03/2014 1400015991 Demo Wang, Tang $3,314.24 2015

09/03/2014 1400015992 Demo Wang, Teng $9,971.68 2015

09/03/2014 1400015993 Demo Wang, Teng $15,209.84 2015

l I

09/23/2014 1400016159 Mowing Wang, Teng $163.36 2015

10/07/2014 1400016241 Mowing Wang, Teng $241.15 2015

10/07/2014 1400016252 Mowing Wang, Teng $142.27 2015

09/03/2014 1400015994 Demo Wang, Teng $7,243.88 2015

09/24/2014 1400016175 Clean Up Whitehead, $31.56 2015

Verlynn/Rowena

Estate

10/22/2014 1400016364 Mowing Williams, Linda $221.84 2015

06/04/2014 1400015313 Mowing Williams, Linda $160.49 2015

09/10/2014 1400016064 Mowing Williams, Linda $243.80 2015

08/14/2014 1400015895 Clean Up Williams, Ramie $313.94 2015

06/12/2014 1400015373 Mowing Williams, Ramie $175.57 2015

06/23/2014 1400015646 Inspection Wolfe, Michael $58.19 2015

10/14/2014 1400016334 Clean Up Wolfe, Michael $307.18 2015

01/16/2015 1500016619 Clean Up Wolfe, Michael $297.04 2015

02/20/2014 1400013609 Inspection Wolfe, Michael $185.72 2015

09/12/2014 1400016097 Demo Wortman Jr, $9,411.60 2015

Richard/Kimberly

10/09/2014 1400016303 False Alarm Wright, Monique $113.75 2015

10/14/2015 15000180332 Mowing Wyatt, Sharon $181.20 2016 deceased

10/06/2014 1400016237 Mowing Wysocki, Timothy $241.15 2015

09/23/2014 1400016157 Mowing Wysocki, Timothy $197.92 2015

06/19/2014 1400015484 Mowing Zaborny, Michael $165.14 2015

09/11/2014 1400016086 Mowing Zaborny, Michael $243.80 2015

I l-

CITY OF

JACKS= N ==~~~~C;;o;;;;oi=ty=M=a=na=g=er='s=O=f=fic=e F

0 u n de d 18 2 g 161 W. Michigan Ave. - Jackson, MI 49201

Phone: (517) 788-4035 •Facsimile: (517) 768-5820

MEMO TO: Mayor arid City Councilmembers

FROM: Patrick H. Burtch, City Manager

DATE: September 4, 2018

SUBJECT: Establish Public Hearing for Justice Assistance Grant (JAG) Program

Recommendation:

To schedule a public hearing at the September 18, 2018, City Council meeting regarding the use of $30,070 in FY2018 JAG funds by the City for the purchase and installation of an indoor firearms range.

Attached is a memorandum from Director Elmer Hitt regarding the necessity of this purchase.

I recommend approval of this request. Your consideration and concurrence is appreciated.

PHB

MEMO TO:

FROM:

DATE:

RECOMMENDATION:

DEPARTMENTAL REPORT

Patrick Burtch, City Manager IVi/, Elmer Hitt, Director of Police and Fire Services ~

September 4, 2018

Approve Scheduling a Public Hearing

SUMMARY

The Jackson Police Department and Jackson County Sheriffs Department were notified of the eligibility to receive FY2018 Edward Byrne Memorial Justice Assistance Grant (JAG) funding in the amount of $44,904.

One of the JAG requirements is that a hearing be held allowing for citizen comment on the proposed use of the grant funds. A second requirement is the City and County sign a Memorandum of Understanding identifying the grant fiscal agent and the allocation of funds. It was agreed the City will continue to be the fiscal agent for the grant.

I

BUDGETARY CONSIDERATIONS ,

If approved, the Jack~on Police Department will receive $30,070 and will use the money to upgrade the indoor firearms range, including replacement of soundproofing tiles, all equipment, and software.

The Jackson County Sheriffs Department will receive $14,834 and will use their funds to purchase new body armor, mobile radios, and radio communications equipment.

HISTORY, BACKGROUND and DISCUSSION :

Each year, the City of Jackson and/or Jackson County receive JAG funds in order to purchase equipment. In the recent fiscal years, grant funds were used to purchase lights for duty weapons, along with other necessary equipment (FY2016) and to purchase a new police K9, including necessary equipment, training, and accessories (FY2017).

DISCUSSION OF THE ISSUE

The Justice Assistance Grant helps to offset the general fund costs of operations for both the City and County, and must be used for specific law enforcement purchases. The indoor range is an additional training tool that will help the Jackson Police Department continue to provide the best service to the citizens of Jackson.

'

A Memorandum of Understanding (MOU) between the City of Jackson and County of Jackson is required; a proposed MOU is attached.

. -:'

, POSITIONS . -;

I recommend scheduling a Public Hearing at the September 18, 2018 City Council meeting, as well as signing the MOU with Jackson County.

The State of Michigan County of Jackson Known By All These Present

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF JACKSON, MICHIGAN AND THE COUNTY OF JACKSON, MICHIGAN

2018 JUSTICE ASSISTANCE GRANT (JAG) PROGRAM A WARD

This agreement is made and entered into this day of , 2018 by and between the COUNTY of Jackson, acting by and through its Administrator, Michael Overton, hereinafter referred to as COUNTY and the CITY of Jackson, acting by and through its City Manager, Patrick Burtch, hereinafter referred to as CITY, both of Jackson County, State of Michigan, witnesseth:

WHEREAS, the City of Jackson and Jackson County have been notified of their joint eligibility to receive $44,904 in Justice Assistance Grant funds through the 2018 Edward Byrne Memorial Justice Assistance Grant (JAG) Program.

WHEREAS, JAG guidelines require that jurisdictions identify a fiscal agent that will submit a joint application for the total eligible allocation. Both jurisdictions agree that the CITY will apply for and serve as the fiscal agent for the 2018 Edward Byrne Justice Assistance Grant award of $44,904.

NOW, THEREFORE, the CITY and COUNTY agree as follows: The City will utilize their portion, $30,070 for the purchase of an updated indoor firearms range. The County will use their portion, $14,834 for the purchase of body armor, mobile radios, and radio adapters.

CITY of Jackson, Michigan COUNTY of Jackson, Michigan

Patrick Burtch, City Manager Michael Overton, Administrator

Date Date

CITY OF JACKS ct, N ------C- i-ty_M_a_na_g_er_'s_o_rfi_ic_e Founded 182 g 161 W. Michigan Ave. - Jackson> MI 49201

MEMO TO:

FROM:

DATE:

SUBJECT:

Recommendation:

Phone: (517) 788-4035 • Facsimile: (517) 768-5820

Mayor and City Councilmembers

Patrick H. Burtch, City Manager ~ ~

September 4, 2018

Patrol Vehicle Lease

Approve the lease of four Ford Explorer patrol vehicles from Enterprise Fleet Management, for a total monthly cost of $2,715.04, and an annual cost of$32,580.48.

Attached is a memorandum from Director Elmer Hitt regarding the need for four patrol vehicles.

I recommend approval of the lease. Your consideration and concurrence is appreciated.

PHB

DEPARTMENTAL REPORT

MEMO TO: Patrick Burtch, City Manager

Elmer J. Hitt, Director of Police and Fire Servicet;;/-FROM:

DATE: September 4, 2018

RECOMMENDATION: Approve Patrol Vehicle Lease

S l i M 'Vl A I~\'

The Jackson Police Department budgeted for the lease of four additional patrol vehicles for FY18/19. This would eliminate patrol vehicles that are currently high in mileage and are showing signs of higher maintenance costs.

nr ()(;ETA R\· COr\iSJI)[ R.\ TIONS

Four additional patrol vehicles are listed in the FY18/19 budget for the police department. The monthly cost will be $679 per vehicle, for a total of $2,716 per month, and $32,592 total cost for all four vehicles for the entire year, per the attached quote from Enterprise Fleet Management.

HISTORY. BACKGl{Ol!NI> and DISCl'SSION

Patrol vehicles accwnulate mileage at a higher rate than most other fleet vehicles. This causes seemingly newer patrol vehicles to require maintenance more often, equaling more expensive upkeep. The lease of four new patrol vehicles will allow for the discard of currently owned vehicles currently in the fleet.

DISCliSSION OF THE ISSLF

With the lease of these four budgeted vehicles, the Police Department's patrol fleet will contain I 0 leased vehicles. This will ultimately result in lower maintenance costs, as leased vehicles on the fleet will be rotated out more often than purchased vehicles.

POSITIO:\

I recommend approving the lease of four additional patrol vehicles, as budgeted for FY18/19.

ATTACHMENTS

Open-End (Equity) Lease Rate Quote Quote No: 3958824

Prepared For: City of Jackson

Greene, Jonathan

Unit#

Year 2019 Make Ford Model Police Interceptor Utility

Serles Base AU-wheel Drive

Vehicle Order Type Ordered Term 48 State Ml Customer# 570461

$ 28,464.60

$0.00

$103.00

$0.00

$300.00

$ 0.00

$ 0.00

$0.00

$0.00 $ 0.00 $ 0.00

Capitalized Price of Vehicle 1

Sales Tax 0.0000% State Ml

Initial License Fee Registration Fee

Ottler:Courtesy Delivery Fee

Capitalized Price Reduction

Tax on Capitalized Price Reduction

Gain Applied From Prior Unit

Tax on Gain On Prior Security Deposit Tax on Incentive( Taxable Incentive Total: $0.00}

Total Capitalized Amount (Delivered Price)

Depreciation Reserve @ 1.9000%

Date 08/0212018 AEIAM JAW/DS2

All language and acknowledgments contained in the signed quote apply to all vahlclas that are ordered under this signed quote.

Order Information

Driver Name TBD

Exterior Color (0 P) Oxford White

Interior Color (0 I) Charcoal Black w/Unique HD Cloth Front

Lie. Plate Type Title Only

GVWR 0

$ 28,764.60

$546.53

$132.23 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor)2

$678.76

$ 0.00

$ 0.00

$ 0.00

$0.00

$0.00

$ 678.76

$2,531.16

$ 375.00

Total Monthly Rental Excluding Additional Services

Additional Fleet Management

Master Policy Enrollment Fees

Commercial Automobile Liability Enrollment

Liability Limit $0.00

Physical Damage Management

Full Maintenance Programs Contract Miles o Incl:# Brake Sets (1 set= 1 Axle} _Q

Additional Services SubTotal

Sales Tax 6.0000%

Total Monthly Rental Including Additional Services

Reduced Book Value at 48 Months

Service Charge Due at Lease Termination

Quote based on estimated annual mileage of 25,000

(Current market and vehicle conditions may also affect value of vehicle)

(Quote is Subject to Customer's Credit Approval) Notes

Comp/Coll Deductible 0 I 0

OverMileage C~arge $ o.oo Per Mile

#Tires 0 Loaner Vehicle Not Included

State Ml

Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master

Open - End (Equity) Lease Agreement and shall have all rights ano obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.

ALL TAX AND UCENSE FEES TO BE BIUED TO LESSEE AS THEY OCCUR. Lessee hereby authOrizes this vehicle order, agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement and

agrees that Lessor shall have the right to collect damages in the event Lessee fails or refuses to accept delivery of the ordered vehicle.

Lessee certifies that It Intends that more than 50% of the use ol the vehicle is to be In a trade or business of the Lessee.

LESSEE City of Jackson

BY

• INDICATES ITEMS TO BE Bii.i.ED ON DELIVERY.

TITLE DATE

1 Capilalized Price of Vehicle May be Adjusted to ReUee\ Flnal Menulaelul'$r'$ Invoice. Lessee Hereby Assigns lo Lessor any Manufacturer Rebales AndlOt Manufac1urer lncenlive$ fnlenOed lor lhe Lessee, Which Rebates AncJ!Or lncenlives Have Been Used Sy Lessor lo Reduce Iha Caplleliz&d Pri<>e of lhe Vehicle. 2 Monthly Lease Charge W\11 Be Adjusl&d lo Reflect the lnreroot Ra1e on lhe Delivery Date (Subiecl to a Floor). 3 The Inclusion herein of references lo mainlenanee lees/seivlcoo Bl'$ solely for the 8<1tninislra«ve convenience of Lesoee. No1Wlths1andlng the Inclusion of such references in this (lnvoiee/Schedule/Ouole]. all such mainlenanee services are lo be performed by Enlerprise Fleet Managetnenl, Inc., ano all such maintenance fees are payable by Lessee solely for the account of Enlerpr1$$ Fleel Management. Inc .. pursuant lo lhal certain separate (Mainlenance Agreement] entered Into by and between Lessee and EnlellJrise Freel Managemenl, Inc.; provided \hal such maintenance fees ere being billad by En1erprise FM Trusl. and are payable at lhe dlrecllon of Enterprise FM Trust. 3olely as an aulhOlfzed agenl for eollectfon on beh&U of Entaiprise Fteet Management Inc.

Printed On 08/02/2018 02:52 PM Page 1 of 4

Open-End (Equity) Lease Rate Quote

VEHICLE INFORMATION:

2019 Ford Police Interceptor Utility Base All-wheel Drive· US

Series ID: K8A

Pricing Summary:

INVOICE

Base Vehicle $32,110.00

Total Options $ 1,608.00

Destination Charge $ 995.00

Total Price $34,713.00

SELECTED COLOR:

Exterior: YZ • (0 P) Oxford White

MSAP

$ 33,275.00

$ 1,690.00

$995.00

$ 35,960.00

Interior: 9W • (O I) Charcoal Black w/Unlque HD Cloth Front Bucket Seats wNinyl Rear

SELECTED OPTIONS:

CODE DESCRIPTION

113WB 113" Wheelbase

18W Windows • Rear-Window Power Delete

18X 100 Watt Siren/Speaker w/Bracket & Pigtail

423 California Emissions System Not Required

430 Dark Car Feature

44C Transmission: 6-Speed Automatic

47A Police Engine Idle Feature

47C Police Wire Harness Connector Kit • Front

500A Order Code 500A

51S Dual (Driver & Passenger) LED Spot Lamps (Unity)

60A Grille LED Lights, Siren & Speaker Pre-Wiring

68G Rear-Door Handles Inoperable/Locks Inoperable

76A Reverse Sensing

9 Unique HD Cloth Front Bucket Seats wNinyl Rear

99R Engine: 3.7L V6 TJ-VCT FFV

9W_01 (O I) Charcoal Black w/Unique HD Cloth Front Bucket Seats wNinyJ Rear

PAINT Monotone Paint Application

STDAX 3.65 Axle Ratio

STDGV GVWR: 6,300 lbs

STDRD Radio: AM/FM/CO/MP3 Capable

STDTR Tires: 245/55R18 AS BSW

STDWL Wheels: 18" x 8" 5-Spoke Painted Black Steel

YZ_02 (O P) Oxford White

Printed On 08/0212018 02:52 PM

Quote No: 3958824

INVOICE MSRP STD STD

$24.00 $25.00

$285.00 $ 300.00

NC NC

$19.00 $20.00

Included Included

$248.00 $260.00

$100.00 $105.00

NC NC

$589.00 $620.00

$49.00 $50.00

$33.00 $35.00

$261.00 $275.00

Included Included

Included Included

NC NC

STD STD

Included Included

Included Included

Included Included

Included Included

Included Included

NC NC

Page2 of 4

CONFIGURED FEATURES:

Body Exterior Features:

Number Of Doors 4

Rear Cargo Door Type: liftgate

Driver And Passenger Mirror: power remote manual folding side-view door mirrors

Convex Driver Mirror: convex driver and passenger mirror

Spoiler: rear lip spoiler

Door Handles: black

Front And Rear Bumpers: body-coloured front and rear bumpers with black rub strip

Rear Step Bumper: rear step bumper

Body Material: galvanized steeValumlnum body material

Body Side Cladding: black bodyside cladding

Grille: black grille

Convenience Features:

Air Conditioning manual air conditioning

Air Filter: air filter

Cruise Control: cruise control with steering wheel controls

Trunk/Hatch/Door Remote Release: power cargo access remote release

Power Windows: power windows with driver and passenger 1-touch down

114 Vent Rear Windows: power rearmost windows

Steering Wheel: steering wheel with manual tilting

Adjustable Pedals: power adjustable pedals

Day-Night Rearview Mirror: day-night rearview mirror

Driver and Passenger Vanity Mirror: driver and passenger-side visor mirrors

Overhead Console: mini overhead console with storage

Glove Box: locking glove box

Driver Door Bin: driver and passenger door bins

Dashboard Storage: dashboard storage

Driver Footrest: driver's footrest

Retained Accessory Power: retained accessory power

Power Accessory Outlet: 2 12V DC power outlets

Entertainment Features:

radio AM/FM stereo with seek-scan, single in-dash CD player

MP3 Player: CD-MP3 decoder

Speed Sensitive Volume: speed-sensitive volume

Steering Wheel Radio Controls: steering-wheel mounted audio controls

Speakers: 12 speakers

1st Row LCD: 1 1st row LCD monitor

Antenna: integrated roof antenna

Lighting, Visibility and Instrumentation Features:

Headlamp Type aero-composite LED low beam headlamps

Front Wipers: variable intermittent speed-sensitive wipers wipers

Front Windshield Visor Strip: front windshield visor strip

Rear Window wiper: flxed lnteNal rear window wiper with heating wiper park

Rear Window Defroster: rear window defroster

Tinted Windows: deep-tlnted windows

Dome Light: dome light with fade

Front Reading Lights: front and rear reading lights

Variable IP Lighting: variable instrument panel lighting

Display Type: analog display

Tachometet: tachometer

Low Tire Pressure Warning: tire specific low-tire-pressure waming

Park Distance Control: rear parking sensors

Trip Computer: trip computer

Trip Odometer: trip odometer

Water Temp Gauge: water temp. gauge

Engine Hour Meter: engine hour meter

Clock: in-radio display clock

Systems Monitor: systems monitor

Check Control: redundant digital speedometer

Rear Vision Camera: rear vision camera

Printed On 08102/2018 02:52 PM Page3 of 4

Oil Pressure Warning: oil-pressure warning Water Temp Warning: water-temp. warning Battery Warning: battery warning Lights On Warning: lights-on warning Key In Ignition Warning: key-in-Ignition warning Low Fuel Warning: low-fuel warning Low Washer Fluid Warning: low-washer-fluid warning Door Ajar Warning: door-ajar warning Trunk Ajar Warning: trunk-ajar warning Brake Fluid Warning: brake-fluid warning

Safety And Security: ABS four-wheal ABS brakes Number of ABS Channels: 4 ABS channels Brake Assistance: brake assist Brake Type: four-wheel disc brakes

Vented Disc Brakes: front and rear ventilated disc brakes Spare Tire Type: full-size spare tire Spare Tire Mount: spare tire mounted inside under cargo

Driver Front Impact Airbag: driver and passenger front-impact airbags Driver Side Airbag: seat-mounted driver and passenger side-impact airbags Overhead Airbag: Safety Canopy System curtain 1st and 2nd row overhead airbag Occupancy Sensor: front passenger airbag occupancy sensor Height Adjustable Seatbelts: height adjustable front seatbelts Seatbelt Pretensioners: front seatbelt pre-tensioners

3Polnt Rear Centre Seatbelt: 3 point rear centre seatbelt Side Impact Bars: side-impact bars Tailgate/Rear Door Lock Type: tailgate/rear door lock included with power door locks Rear Child Safety Locks: rear child safety locks Electronic Stability: Advance Trac w/Roll Stability Control electronic stability stability control wllh anti-roll Traction Control: ABS and drlvellne traction control Front and Rear Headrests: manual adjustable front head restraints

Seats And Trim: Sealing Capacity max. seating capacity of 5

Front Bucket Seats: front bucket seats Number of Driver Seat Adjustments: 8-way driver and passenger seat adjustments Reclining Driver Seat: manual recllnlng driver and passenger seats Driver Lumbar: manual driver and passenger lumbar support Driver Height Adjustment: power height-adjustable driver and passenger seats Driver Fore/Aft: power driver and passenger fore/aft adjustment Driver Cushion Tilt: power driver and passenger cushion till Rear Seat Type: rear 60·40 split-bench seat

Rear Folding Position: rear seat fold-forward seatback Leather Upholstery: cloth front seat upholstery Rear Seat Material: vinyl rear seat upholstery Headliner Material: full cloth headliner Floor Covering: full vinyl/rubber floor covering

Dashboard Console Insert, Door Panel Insert Combination: metal-look instrument panel insert, door panel insert, console insert Shift Knob Trim: urethane shift knob Interior Accents: metal-look interior accents Cargo Space Trim: carpet cargo space Trunk Ud: plastic trunk lid/rear cargo door Cargo Tie Downs: cargo tie-downs Cargo Light: cargo light Cargo Tray: cargo tray/organizer

Standard Engine: Engine 304-hp, 3.7-liter V·6 (regular gas)

Standard Transmission: Transmission 6-speed automatic w/ OD

Printed On 08/02/2018 02:52 PM Page 4of 4

MEMO TO: Mayor and City Councilmembers FROM: Martin J. Griffin, City Treasurer DATE: September 4, 2018 SUBJECT: Lobby Cash Dispenser Recommendation:

Approval of a request to place a no-surcharge Cash Dispensing Machine from American 1 Credit

Union in the front lobby of City Hall. Attached are the specifications and drawings of the machine. I recommend approval of the above mentioned cash dispensing machine. Your consideration and concurrence is appreciated. MJG

DEPARTMENTAL REPORT

MEMO TO: Patrick Burtch, City Manager

FROM: Martin Griffin, City Treasurer

DATE: September 4, 2018

RECOMMENDATION: Approval of the placement of an American l Credit Union Lobby Cash Dispenser in the front lobby of City Hall.

SUMMARY

As you are aware, the City must recover any bank costs incurred when taxpayers or water users pay their bill with a debit or credit card. The rate we are charged is 3% of the total bill and we must pass that along to the consumer. Many people leave the building in search of an A TM to avoid the 3% charge. In order to save residents this charge, inquiries were made with banks in the area to discover what they are charging for A TM withdrawals by people who do not have an account with them. Of the financial institutions that charged, the lowest was $2.50.and the highest was $4.00. American I Credit Union is the only one with no-surcharge no matter who issued your ATM card. If Council approves, they have agreed to place a dispensing machine in the front lobby of City Hall. The machine will run on their cellular network and only require electricity from the City.

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CITY OF Human Relations Commission JACKSC> N--------

161 W. Michigan Ave.• Jackson, Ml 49201 F 0 u n de d 1 8 2 9 Phone: (S 17) 788-4167. Facsimile: (S 17) 768-5820

Wednesday, August 29, 2018

To the Jackson Community Foundation Board:

This is a letter of Intent on behalf of the City of Jackson Human Relations Commission for the establishment of

the City of Jackson Youth Council.

This youth council will benefit youth and residents in Jackson County, Michigan and encourage diversity and

inclusivity in our governmental process while developing youth participation in civic matters.

The total amount requested for this project is $15,000. The total initial cost will be 12,200, with a contingency of

$2800. The fiduciary for th is project will be the City of Jackson. The primary area of focus for this project is

Education.

The Jackson Youth Council will be a civic advisory body composed of local youth (usually high school aged). They

will provide advice and counsel to the local governing body and its affiliated advisory boards and other

community organizations regarding in engaging youth in governmental activities. The Youth Council will also

promote youth oriented ideas and perspectives to the Jackson City Council.

The Jackson Youth Council will collaborate with local governments, schools, and institutions of higher learning to

build relationships and help in the creation of youth activities for Jackson County. The council will also engage

with other youth councils, locally and nationally, for training, activities, and the sharing of ideas and best

practices for the development of the council.

Hum rel tions Commission Staff Liaison

City of Jackson Michigan

JACKSON YOUTH COUNCIL Proposal for City of Jackson

Abstract This proposal describes the basic functions of a City Youth Council, the actions of other currently existing youth councils and the recommended basic steps for starting a Youth Council

John Willis jwillis@cityofjackson.org

Contents

The Purpose and Need of a Youth Council ____________________ 1

Youth Councils in Action 2

Youth Council Creation and Oversight _ _____________________ 3

Steps for Building and Effective Youth Council _ 4

Recommendations for Jackso n City Youth Council 8

Proposed Action 9

Methodology 10

Preparer Contact Information 10

The Purpose and Need of a Youth Council

WHAT IS A YOUTH COUNCIL?

A youth council is an advisory body composed of local youth (usually high- school aged). They provide

advice and counsel to the local governing body an<l its affiliated advisory and regulatory boards, as well as

other community organizations. Additionally, youth councils can implement and participate in a variety of youth-identified community initiatives as well as introduce legislation to the City Council.

WHY CREATE A YOUTH COUNCIL

According to the Census Bureau, 24.6 percent of the U.S. population is under the age of 18. It goes without

saying that young people are the future of our communities. Therefore, it is vitally important that they are

vested with the knowledge, skills and abilities to be the next generation of local leaders. Youth councils arc

an excellent means of doing so because they promote regular and active civic engagement among youth.

Youth councils promote civic engagement among youth hy:

• Giving them a formal role in local decision making

• Offering real-world experiences with elected and advisory bodies teaching them about the role of

councils, boards and commissions providing them with an opportunity to develop leadership skills

and learn how local government operates

• Increasing voice and communication between youth an<l adults, and among youth themselves

• Increasing youth volunteerism

• Enhancing classroom civic education

WHO BENEFITS FROM A YOUTH COUNCIL

Youth councils enable young people to:

• Communicate their concerns regarding local matters that affect them

• Directly participate in local government

• Make decisions and take action to potentially improve thei.r community

Youth councils enable local city governments/councils to:

• Be more representative of the community as a whole

• Gain insight regarding the community's "young," dynamic and/or progressive perspective

• Encourage youths to be more actively engaged in the political process

• Improve services that directly affect young people

• Be more sustainable

Page 1

Youth Councils in Action

A BRIEF LOOK AT YOUTH COUNCIL WORK IN PROGRESS

MARIN EMPLOYMENT CONNECTION, Ci\1.lf'OHNIA, strongly believes that youth need to play a big role in creating workforce development solutions that will work for them. The Youth Council created a subcommittee made

up of seven high school students, who receive community service credit and a stipend for their work with the Council. Council members serve as mentors. And young people don't sit in on meetings and advise.

They're incredibly active with resource mapping, marketing and outreach to area schools and families, and as peer counselors who work with younger youth on leadership skills. Young people also created the

Council's youth services web site, an online map of community youth resources. The latest idea? List youth services in a special section of the phone book.

When LA CANADA FLINTRIDGE YOUTH COUNCIL, CALIFORNIA wanted to do a needs assessment of area youth

services, it went straight to youth. The Council sent nearly 1300 youth a Youth Survey about the support they had and/or wanted to see more o[ 78% of youth, ages 13-17, wanted more community service and

out-of-school sports programs. 70% thought the area needed a teen center. The Council incorporated feedback and recommendations in its Youth Master Piao.

At its .summer Youth Issues Forum, the YOUTH ADVISORY GROUP or WORKSOURCE, AUSTIN, TEXAS, decided it

needed a "continuum framework" that provides an all-encompassing view of youth services from early childhood through young adult- and that cuts across education, health, work preparation, civic

participation and community leadership. They recently approved a framework modified from the Forum for Youth Investments' Dashboards for Youth, which they will use to map services, survey youth, wmluct

focus groups, and open connections to new partners and providers (like an area early childhood collaborative).

Early in its efforts, the PHILADELPHIA YOUTH COUNCIL, PENNSYLVANIA adopted a set of 13 priority standards

for WIA-funded youth programs. Come to find out, other standards were in the works in agencies across town. So, the Council's Standards subcommittee worked with other programs to align efforts - and the

Philadelphia Joint Standards Committee and Core Standards for Philadelphia's Youth Programs were born. But the standards are more than just a piece of paper. With agency partners, the Council rolled out training

and tools, including a standards "implementation and ohservation guide," customer satisfaction surveys for youth and parents, and organizational self-assessments. Yul.Ith themselves ("peer administrators") help collect customer feedback via surveys and visits to youth program sites around the city.

In PIMA COUNTY, ARIZONA, the council uses a two-tiered procurement process to organize youth services and case management. They issue an RFP to identify providers who want to provide case management

services. They issue another separate call for qualified vendors in specific service categories. Case management providers receive funding to hire youth services specialists who are dedicated to the One-Stop

case management team but can be based in provider agencies. The team meets weekly for training, joint or team case management, and peer case review.

The benefits? Youth have multiple points of entry and location choices. Intake, assessment, and service

planning are wntralized and standardized. Case managers know the full breadth of qualified services so they can be more responsive to youth needs and coordinate more effectively across organizations - and no one program needs to offer all WIA service elements.

Page 2

Youth Council Creation and Oversight

WHO CREATES AND OVERSEES THE YOUTH COUNCIL It is up to the governing body to decide exactly who will create and oversee the youth council. In some

communities a Cooperative Extension (such as the local 4-H) is tasked with creating and maintaining the

youth council. ln others, a local department (such as parks and recreation) is given the task. rn others still, a

full-time city employee (such as the public information officer or assistant city manager) is vested with the

task as part of his or her job responsibilities. Whatever the governing body decides the youth council

should be aligned with the manager's or clerk's office for the purposes of housing the wuncil's meetings

and funding various initiatives.

The important thing to keep in mind is that the primary purpose of the youth council is to advise local

government officials. Therefore, it is important that the council is truly viewed as an essential part of the

local government structure, and not simply relegated off to the side to one department or extension.

WHO SERVES ON THE YOUTH COUNCIL

When thinking about the composition of the student component of a youth council, the following should be

considered:

• Include at least one, and as many as four, representatives from all local high schools (9th -12th)

• Include a representative for private, charter and home schools

• Include students from diverse backgrounds

• Consider minimum requirements in terms of GPA and number of unexcused school absences. (It is

important to realize that oftentimes it is not the students with the highest GPA's and attendance

rates that would benefit most from being selected for the youth council. Along the same lines, the

city may benefit more from feedback not attained from the "highest" academic achievers.)

• Think about the geographic area from which you will be recruiting. [f your city plans on recruiting

through the schools, make sure you consider that not all students in the school district live inside

the city limits. The important thing is that you are recruiting from a variety of geographic areas

within your city.

1 The content from pages 1 and 3 are excerpts and reprints from "Creating a Youth Council" printed by the Florida League of Cities and used with permission.

Page 3

Steps for Building and Effective Youth Council

The National League of Cities' (NLC) Institute for Youth, Education, and Families has developed a list of six

essential keys for creating effective youth councils. Those six keys are:

1. Determine Council Membership

2. Ensure Sound Infrastructure

3. Provide Supportive Work Environment

4. Build Youth Capacity

5. Deepen Youth Motivation

6. Negotiate Opportunities for Access

This proposal will share the abbreviated details of the suggested procedures for each of the six essential

keys recommended by the Institute for Youth, Education, and Families (YEF).

The recommended steps are detailed below.

Page 4

1. DETERMINE COUNCIL MEMBERSHIP

In general most effective city youth councils consists of between t 5-24 members. There are those

that have more but these groups tend to have a hard time keeping all of the members engaged. The

challenge is to get a group that fairly represents a city's youth population in diversity and size

while not being too big to keep youth engaged or too small to effectively share the workload.

The group size has to balance the desire to represent all schools and neighborhoods with the need

to manage size a.nd cost. For example, if the group is traveling to participate in a National League of

Cities training function, the cost of travel for each member could be exorbitant for a large group.

The length of term for members is also a fact.or in the group being effective and sustainable. The

term length should create a steady stream of youth leaders for the council. The average term is

listed at two-years with the most effective councils having staggered terms to insure continuity.

Some councils also include part-time staffing positions that youth can work into after completing

their tenure.

The age range of members is another important factor to be considered initially. Most council

groups have a starting age of 16 years old. There arc councils with younger and older youth

involved. While there are benefits to having older and younger members, there are also age

specific needs that have to be considered. Some councils also have college interns or advisor

positions that bring in experience and skill levels that arc beneficial to the council and its work.

Creating an aggressive recruitment strategy that will ensure diverse representation will help be

sure that the council reflects the community and the needs of diversity. High achieving students

and disconnected youth are needed to offer unique perspective and insight into community issues.

Non-traditional leaders will understand better what it takes to help those in challenging situations.

For example in Seattle, two seats are reserved for homeless youth.

Page 5

Strategies for aggressive recruionent include targeting ethnic groups and organizations, youth

servicing agencies, juvenile justice programs. and faith-based organizations along with the schools

and places where high achieving students can be found.

2. ENSURESOUNDINFRASTRUCTURE

Selecting a permanent administrative home that houses the council is an important step that is

often overlooked. The tendency is to link to one department or only to the formal City Council and

as a result lesser effective councils often have limited range of issues. !n other words linking the

council to one office will often limit the council to that offices' area of interest or concern. The

preferred method is to link the council to an advisor but with full access to all departments and

councils.

lnstitutionalb'.ing the council with formal legislation for the formation and function of the council

will allow the council to survive administrative and political changes. This can be done by

integrating the council into local government hy city charter or amendment. Authorizing the youth

council to draft legislation in this amendment will also allow the youth to be deeply involved in

policy-making.

Last but not least in ensuring sound infrastructure is properly assessing the funding needs of the

youth coundl. The NLC YEF has determined that the primary costs for a youth council include:

a. Staffing

b. Transportation

c. Meeting Expenses

d. Grant Awards (should the council dedde to award funds to the community)

These costs are incurred from personnel, training and support, planning, travel to state and

national meetings, transportation, printing and food supplies. Most youth wuncils re1.:eive

government funding through either block grants or designated funds, The Hampton, VA Youth

Council receives funds from the general fund. North Carolina's State Youth Council receives

corporate funding. How the council will be funded should be decided early and funding should be

budgeted to include and expect out-year funding.

3. PROVIDE SUPPORTIVE WORK ENVIRONMENT

Appropriate adult leaders that understand how to balance youth development with policy

development have proven to help stabilize youth councils. These adult leaders trained and

experienced in both areas provide insight into policy making and an understanding of how youth

may perceive or learn to develop in respective areas. Youth ran councils without adult

collaborations tend to be strong in understanding youth needs but fall short on addressing the

policies or ordinances that affect these needs and as a result are weal< on influencing policy. Policy·

maker run councils are usually strong on policy-making but weak on youth insight and

perspective. An effective council advisor assures that there is space for youth perspective while

adhering to policy and procedure.

Page 6

Adult/youth collaborations through linking to local schools, colleges, and universities also offer

creative ways to bring in additional resources and counsel.

Creating a strong permanent physical space dedicated to the youth council shows that the city is

serious about the involvement of youth in local government. This should be a location where the

youth council members can show up meet with others and/or complete work in between

meetings, as well as to have face-to-face access to those in their local government.

Making sure that the members have a strong base logistically (transportation, communication

mediums, etc.) will help keep the ball rolling and the council active in its duties.

4. BUILD YOUTH CAPACITY ·

Providing training for all members in the following areas build effective youth councils that last:

• Policy Training (Process and procedures if local governments council)

• Legislative Advocacy Training

• Communication Skills for Various Audiences

• Research and Interviewing Skills

• Community Mobilization Strategies

• Team Building and Team Strategy

• Project and Time Management

It is important to make sure that the council members have the skills needed to complete the tasks

at hand. This is another reason that term limits of two years are recommended, this allows time for

the youth on the council to familiarize themselves with the procedures and actively work to make

changes. Many times young people with great insight don't initially have the skills needed to

address change and give full participation.

Utilizing adult/youth teams will help insure that work gets done between meetings. Scheduling

committee based rotations will help keep youth interested and involved. An adult liaison will also

help make certain that although meetings are light, the agenda is kept and work is done.

5. DEEPEN YOUTH MOTIVATION

One of the things that successful youth councils have done is reconcile the concerns of its members

with realities. Because youth councils are best at tackling issues that they identify with most, the

primary issues addressed by youth councils are:

a. Families

b. Neighborhoods

c. Schools

d. Community

The steps taken to reconcile issues with youth realities need to be taken as follows:

1. Find an Issue

2. Research the Issue

3. Realistically connect the issue to Systemic Challenges

4. Link the Issue to Local/State/National policy

5. Address the Issue in Policy-Making

We must motivate youth by allowing them to create ways to collect and document the opinions of

the broader local community. Then we must help them learn to apply the strategies for policy

changes that will affect the issues concerning them and the broader youth community surrounding

them.

Developing a youth council mission statement is a good starting point for selecting issues.

A good balance on issues and policy is important so that the youth recommendations or

introduction of legislation is realistic and not disconnected from policy. Making sure members do

their homework is an important component to understanding issues and causes.

6. NEGOTIATE OPPORTUNITIES FOR ACCESS

Making sure members have access to city government officials and council members to speak to

them on issues and to gain hands-on experience with the policy making process in valuable. This

benefit is two-fold: young people build their dvi<.: knowledge and skills by experiencing the process

and policy-makers get the rare opportunity of connecting in the halls of government with young

people. This can be done by special meetings between the youth council and the elected city

council, the dty manager, and other policy-makers within the city.

Youth council members can explore the opportunity to involve youth on other city boards or

committees where youth insight and participation would be a benefit.

Youth council members could also be available to offer insight or presentations at formal city

council meetings on issues that concern youth or that youth can help with in other areas. This

access will create a ripple effect that says "this is a community that values our youth input".

These six steps mentioned have been shown to lead to effective youth councils in several cities. When each

step has been addressed properly and thoroughly it secures the initial foundation for an effective youth

council. When youth councils are given administrative support and a solid foundation they have been

sustainable through administrative and electoral changes.

Page 7

Recommendations for Jackson City Youth Council

MEMBER COMPOSITION

The recommended number of youth for the City of Jackson Youth Council is 15 members between 15-19

years old. This would consist of two members from each of the six city wards, and one mentoring member

from each local college that resides in the city (Baker, Jackson College, and Spring Arbor University). The

balance and diversity of schools, neighborhoods, and ethnicities can then be balanced on an application

basis until the standards for that diversity is set by youth council board policy.

The recommended term would be 2 years with staggered terms. So the initial term would be 1 year for one

member from each ward and a two-year term for the other member of that same ward. Each mentoring

member would serve a one year term. After a 2 year tenure a member would be able to become a mentoring member for one of the local colleges. This would provide experience and continuity among the

council.

MEMBER SELECTION

Memher selection would be by application and/or referral. All members would be interviewed by a

committee consisting of the Youth Council Advisor, A City Council Mcmbc1~ and another member of a city

youth organization( school, church, non-profit).

YOUTH COUNCIL ADVISOR

The youth council advisor would initially be the Neighborhood Outreach coordinator. This is subject to

change to meet the needs of the youth c.:ouncil.

PROJECTED BUDGET ANO FUNDING

The initial budget for the Jackson City Youth Council is projected to be $20,000 for the first year. This is

initial amount is to be obtained through community grant funding with additional support through the City

of Jackson. Funding would be used as followed:

$2,000

$4,500

0 $3,500

$7,800 (@4hrs per wk) 0

$10,000.00 $10,000.00

$2,000

$4,500

$1,000

$3,500

$7,800

$20,000.00

Out year and future funding would be adjusted by City Coundl and youth city council policy after the

forming of the initial board and its charte1:

Page 8

Proposed Action

MAKE IT OFFICIAL

1. First and foremost the city should adopt a resolution or ordinance that establishes a youth council.

The resolution/ordinance should include sections that specify the following:

A Establishment of the youth council

B. Membership composition

C. Appointment

D. Length of terms

E. Member rights, powers, duties, authority, discretion and privileges

F. Compensation for the Youth Council Liaison

G. Organizational structure

H. Meeting requirements and procedures

l. Fundraising

2. Invest in the Youth Council. Align the youth council with the city manager's office through

provision of funding an<l staffing. Develop a thoughtful, inclusive, and rigorous application process.

3. Connect, publicize, and recruit:

a. Work with parents and schools to publicize the program. Send letters to all

parents/gu<irdians describing the purpose/goals of the youth council, the application

process, and a contact person for further questions.

b. Ask teachers/counselors to actively solicit student applications and share information on

the importance of youth wunc:ils and details on applying.

c. Have elected officials visit classrooms and organizations

d. Develop posters or flyers for schools and teen spots

e. Post information on Websites, Facebook, Twitter, Recreation places and other places

families and youth congregate

4. Thoroughly evaluate applications in a competitive process. Hold interviews and narrow down

prospective candidates. Once decisions have been made, send official acceptance letters and make

congratulatory phone calls. Additionally the decision should be honored by a formal vote by the

council. Polite letters should also be sent to all applicants not selected encouraging them to re­

apply for the next available term.

With the fundamental foundation in place, a resolution from the city that insures permanency, the support

of the community, and enthusiastic youth involvem~nt this council can insure an active role in the

community from our youth for years to come.

Page9

Methodology

All information in this proposal was compiled, paraphrased, or reprinted from the following sites and

documents:

A Guide for Creating a City Youth Council. (2008, December 1). Retrieved August 24, 2015, from

htm.;liwww.floridaleagueofcities.com/assets/files/publications/youtbcouncilguide.pdf

Building an Effective Youth Council. (2010). Retrieved August 19, 2015. from

hllwwww.nlc.org/Documents/Find City Solutions/IYEF /Youth Civic Engagemem/JJ.uilding-effoctive­you th-counci ls-fyi-gi d-j u 107. pd f

Engaging Youth Report. (2006). Retrieved August 24, 2015, from

https: lfwww.sierrahealth.org/assets {files/reach~gi n·g Youth Report.pd f

Promoting Youth Participation. (n.d.). Retrieved August 24, 2015, fro m

~/jwww.nlc.org/Documents/Find City SolutionsLIYEF /Youth Civic Engagement/youth-participation­action-kit-agr07.pQf

Preparer Contact Information

John Willis, Neighborhood Outreach Coordinator

City of Jackson Michigan

161 W. Michigan Ave

Jackson, Ml 49201

Phone:Sl?-788-4035

Page 10

CITY OF JACKS= N ------C- it_y_M_a_na_g_er_'s_o_r_nc_e F 0 u n de d 18 2 g 161 W. Michigan Ave. - Jackson, MI 49201

MEMO TO:

FROM:

DATE:

SUBJECT:

Phone: (5 17) 788-4035 •Facsimile: (5 17) 768-5820

Honorable Mayor and City Councilmembers

Patrick H. Burtch, City Manager

Council Meeting - September 4, 2018

Fiftll Addendum to Option Agreement for vacant land between the City of Jackson and Commonwealth Associates, Inc.

Recommendation: APPROVE execution of the attached Fifth Addendum to Option Agreement, authorize the City Manager to sign same and to take all actions necessary to effectuate the Addendum.

Your consideration and concurrence is appreciated.

DEPARTMENT REPORT

MEMO TO: Honorable Mayor and City Councilmembers

FROM: Bethany M. Smith, City Attorney

DATE: Council Meeting- September 4, 2018

RECOMMENDATION: APPROVE execution of the attached 5th Addendum to Option Agreement, authorize the City Manager to sign same and to take all actions necessary to effectuate the Addendum.

St: J\tl MARY

The attached Fifih Addendum to Option Agreement sets out the rights and responsibilities of the City of Jackson and Commonwealth Associates, Inc. for the option to purchase vacant land from the City of Jackson.

HISTORY, BACKGROLND <:rnd DISCl!SSION

The Option Agreement gives Commonwealth Associates, Inc. the exclusive right to purchase two parcels of vacant land. If the option is exercised, Commonwealth Associates, Inc. will be required to enter into a purchase agreement and development agreement on or before the closing. The purchase price vvill be $1.00.

The vacant land is comprised of two parcels of land. Parcel 1 as shown on the exhibit attached to the Option Agreement as Exhibit A is located at the comer of Louis Glick Highway and Blackstone Street. Parcel 2 is located between Louis Glick Highway and Van Buren Street west oflngham Street.

The Fifth Addendum will change the date for exercise of the Option to March 31, 2019.

POSITIONS

APPROVE execution of the attached Fifth Addendum to Option Agreement, authorize the City Manager to sign same, authorize the City Attorney to make minor modifications and to take all actions necessary to finalize the Addendum.

ATTACHMENTS: Proposed Fifth Addendum to Option Agreement Option Agreement

1

FIFTH ADDENDUM TO OPTION AGREEMENT

This is a Fifth Addendum to Option Agreement entered into on the ___ day of

- ---------' 2018 between the City of Jackson, a Michigan municipal

corporation, with offices at 161 West Michigan A venue, Jackson, Michigan 49201 (hereinafter

' 'the City" or "Grantor"), and Commonwealth Associates, Inc., a Michigan limited liability

corporation, with offices at 2700 West Argyle Street, Jackson, MI 49204, Michigan (hereinafter

''Grantee").

This Addendum shall be and is incorporated into the Development Agreement dated

December 12, 2016 and into the Option Agreement dated December 12, 2016 and Addendums

between the City and Grantee (hereinafter "the Option Agreement").

The City and Grantee agree to the following changes and/or additions to the Option

Agreement:

A. Paragraph 3 of the Option Agreement shall be amended to read as follows:

3. Term of the Option. This Option Agreement shall be in effect from the last date upon which this Option Agreement is signed by the parties (''the Effective Date") and expire on March 31, 2019. The Grantee may elect to acquire the Property any time during the term of this Option (as extended) by notifying the Grantor in writing of its election to purchase the Property.

B. Paragraph 5 of the Option Agreement shall be amended to read as follows:

5. Execution of Purchase Agreement and Development Agreement. Grantee shall execute a Purchase Agreement and Development Agreement as drafted and presented by the Gran tor on or before March 31, 2019.

This Addendum is to be effective as of the date above.

IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be

executed as a proper corporate act of the City and Commonwealth Associates, Inc. on the day

and year first written above.

THE CITY OF JACKSON, MICHIGAN

Patrick H. Burtch Tts: City Manager

ST ATE OF MICHIGAN) ) SS:

JACKSON COUNTY )

Subscribed and sworn to before me, this _ _ day of , 2018 by Patrick H. Burtch, City Manager of the City of Jackson, Michigan, a Michigan municipal corporation.

COMMONWEALTH ASSOCIATES, INC. A Michigan limited Liability Corporation

Richard N. Collins, P .E. Its: President

Notary Public Jackson County, Michigan My commission expires:

***Notary Acknowledgment on Next Page***

2

STATE OF MICHIGAN) )SS:

JACKSON COUNTY )

Subscribed and sworn to before me, this __ day of , 2018 by Richard N. Collins, President of Commonwealth Associates, Inc., a Michigan limited liability corporation.

Drafted by:

Bethany M. Smith (P579 I 3) City Attorney 161 West Michigan A venue Jackson, MI 49201

3

Notary Public Jackson County, Michigan My commission expires:

..

·'

OPTION AGREETvfENT Dtl~~ lk '2016

The City of Jackson, a Michigan municipal corporation, with offices at 161 West Michigan Avenue. Jackson. Michigan 49201 ("Grantor"), and Commonwealth Associates, Inc., a Michigan corporation, with offices at 2700 West Argyle Street, Jackson, Ml 49204 (''Grantee"), enter into this Option and Preliminary Development Agreement (hereinafter the "Agreement") as of the effective date appearing below, subject to the following conditions:

1. Grant of Option. In consideration of One Doll.ar ($1.00), receipt of which Grantor acknowledges, paid by Grantee to Grantor, the Grantor grants the Grantee an exclusive option to purchase the real property described on Exhibit A with all easements, rights and appurtenances (hereinafter "the Property" or " the Parcels"). Parcel l is located at the corner of Louis Glick Highway and Blackstone Street in Jackson, Michigan with a fifteen ( 15) foot easement off of the Right-of-Way line retained by the City. Pai·cel 2 is located between Louis Glick Highway and Yan Buren Street west ofingham Street in Jackson, Michigan with a fifteen (15) foot easement off the Right-of-Way line retained by the City. The boundary descriptions are approximate descriptions of Parcels l and 2 and may vary ai the time of closing. An aerial view of Parcels 1 and 2 is attached as Exhibit A to show the approximate boundaries of the Property.

2. Scope of the Project. It is the understanding of the parties that Grantee intends to develop a commercial/office use development at the Property, which is hereinafter referred to as "the Project." . The Project shall consist of a structure of at least two (2) stories from grade at the frontage of Louis Glick Hwy and Blackstone Streets (with 2 separate floors). The Project scope and design must be approved by the City of Jackson and be in compliance with alJ federal, state and local laws, rules and regulations, and conditions of the Zoning Enforcement Officer through a separate Administrative site plan review.

l

3. Term of the Option. This Option Agreement shaJl be in effect from the last date upon which this Option Agreement is signed by the parties ("the Effective Date") and expire on March 6, 2017. The Grantee may elect to acquire the Property any time during the term of this Option (as ex.tended) by notifying the Grantor in writing of its election to purchase the Property.

4. Purchase Price. The purchase price for the Property shall be one ($1.00) Dollar.

5. Execution of Purchase Agreement and Development Agreement. Grantee shall e"l'ecute a Purchase Agreement and Development Agreement as drafted and presented by the Grantor on or before March 6. 2017.

6. Purchase Agl·eement 1'erms. The terms of this Option Agreement will be incorporated into the tenns of any purchase agreement or development agreement for the property that will be entered into by the parties.

7. Condition of the Property. Both Grantor and Grantee acknowledge that they are aware of the present state of repair of the Property and that the Grantor has no present plans to repair or preserve the Property. Grantor shall have no obligation under the terms of this Option to repair or maintain the Property in any other manner. Grantee acknowledges that any repairs that are made to the property are done solely for the benefit of the Grantee in order to preserve the Property for Grantee's intended Project.

8. Maintenance and Utility Costs. All repair or maintenance costs prior to close on the sale of the Property shall be the responsibility of the Grantor. Grantor shall not be liable to Grantee for any deterioration, destruction or damage to the Property.

9. Insurance. As a precondition to the Grant~e entering the Property during the option period, it shall be required to show evidence of commercial general liability insmance, worker's compensation insurance and professional liability insurance (where applicable), which is reasonably acceptable to the Clty. The commercial general liabUity insurance policies shall name the City, its agents, representatives, officers and employees as additional insureds to protect their interests. Both bodily injlll)' and property damage insurance must be ou an occurrence basis; and such policies shall provide that the coverage afforded thereby shall be primary c-overage to the full limits of liability stated in the declarations, and if the City, agents, representatives, Qfficers or employees have other insurance against the loss covered by said policies, that other insurance shall be excess insurance only. 'Such insurance coverage sfadl be issued by financially responsible insurance companies, IiceQ3ed in the State of Michigan, and approved by the City. Upon request by the City, the Grant.ee shall submit all insurance policies for review. Each policy shatl pro~de for thirty (30) days written notice of cancellation, expiration, termination, or change of policy to the City.

10. Title. The Orantor agrees to convey title to the Property to the Grantee if the Grantee exercises the option, executes the purchase agreement which includes the above referenced Development Agreement and closes on the sale of the prop~y. Any

2

. ,

..

conveyance under this option shall be by Quit Claim Deed. At the closing, Grantor shall purchase title insurance in the full amount of the purchase price on the Property in the name of the Grantee.

11. Survey. If the Grantee exercises the option, the Orantor shall order and pay for a boundary and improvements survey of the Propeny acceptable to the City, to be prepared by a registered surveyor licensed in the State of Michigan that conforms approximately to the boundaries delineated in Exhibit A. The City will approve the boundary. Grantee shall reimburse the City at close of the sale of the property for the costs of the boundary and improvements survey,

12. Proration. The Grant.ee shall pay real estate taxes due and owing on the date of the closing.

13 . Exercise of the Option. The Grantee may exercise this Option by giving a written notice signed by the Grantee, personally served or delivered by certified mail to the Grantor's City Manager, before the Option expires, at the Grantor's address stated above, or at a subsequent address that the Grantor provides to the Grantee in writing. All notices shall be sent to the Grantee by personal service or certified mail at the address shown above or a subsequent address that the Grantee provides to the Grantor in writing. A notice given by certified mail shall be deemed given on the date the notice is deposited for mailing in a United States post office or mail receptacle with proper postage affixed. The Purchase Agreement arid Development Agreement must be signed on the day that the Option is exercised.

14. Water Main Tap. Granter shall pay the costs of the water main tap if the Grantee closes on the property.

15 . Broker's Fees; Finder's Fees; Development Fees; Grantee's Agent. No broker's fees will be paid in connection with the Property for this transaction.

16. Damage to Property. Any provision to the contrary notwithstanding, if the Property is damaged by fire or other casualty prior to closing, Grantee may either elect to revoke the exercise of the Option or to proceed with the Closing. Any damages that are a result of Grantee's activities on the Property shall be the responsibility of Grantee and paid to Orantor upon request.

17. Other Special Conditions. The Grantor and Grantee agree that, as a condition precedent to a sale under this optio~ due diligence activities must occur prior to closing and are the responsibility ofthe Grantee.

18. Governmental Authorization. If the Property is not presently zoned to pennit the use contemplated by the Grantee, and rezoning is necessary, then Grantee's exercise of this Option shall be deemed conditioned upon obtaining rezoning. Grantee shall immediately begin the process for rezoning, if applicable, upon execution of this Option and diligently pursue rezoning at its expense. ff rezoning has not occurred prior to close of the. sale of

3

the Property, Grantor may either (i) terminate this Opt.ion, or (ii) waive this condition and proceed with closing.

19. Authorization to Enter. Grantor authorizes Grantee to enter upon the Property at any time prior to closing to survey the Property, to detennine the exact dimensions and legal description thereof, to make soil borings to determine the suitability of the land for the intended uses, and to analyze the soil borings to ascertain the level of contaminants. Grantee bears the expense of all borings, surveying and testing. The Grantee may inspect the Property and all buildings on the Property and conduct such tests, as Grantee may desire, including an environmental assessment of the Property. The Grantee or any party the Grantee designates is granted reasonable access to the Property for inspection. In each instance, the Grantee must infom1 Grantor of the time and date when Grantee or others acting on its behalf wish to inspect the Prope1ty so that those visits can be scheduled at times that accommodate Grantor's schedule. Grantee must repair all damage caused to the Property to Grantor's satisfaction within 30 days of the visit. Grantee will defend. indemnify, and save harmless the Grantor and its agents, officers, employees, or servants from and against any and alt liability, cost, or losses resulting from any and all claims, demands, suits, actions, payments, or judgments, including any and all expenses, legal or otherwise, brought or recovered against the Grantor by any third party, arising directly or indirectly by reason of any act or omission of the Grantee, or its agents, servants, employees, or contractors, or any other person or entity, in connection with entry upon the Property as herein allowed. Tn addition to the foregoing indemnification against third party claims, the Grantee will indemnify. defend, and save hmm less the Grantor .frQm any costs, losses. or damages, including any and all expenses, legal or otherwise, arising from any personal injuries, property damage, bodily injuries, death, or other losses arising directly or indirectly by reason of any act or omission of the Grantee or its agents, servants, employees, or contractors, whereby the Grantor claims to be damaged, directly or indirectly, by said act or omission in connection with entry upon the .Property as herein allowed. Grantee's obligation to defend, indemnify, and save harmless the Grantor shall survive the closing.

20. Default. a. Defoult by Grantee: If Grantee is in default hereunder, and said default is not

cured within a reasonable period, not to exceed ten (10) days, Grantor shall be entitled to terminate this option.

b. Default by Grantor-. If Grantor is in default hereunder, and said default is not cured within a reasonable period, not to exceed ten (10) days, Grantee shall have the right to revoke the exercise of this option or to proceed to close.

21. Notice to Grantee. (Hazardous Wastes or Substances). Grantee has been informed by Grantor that the Property may contain environmental contamination. There are numerous federal) state, and local laws and regulations in existence, which are intended to control and/or correct envirorunental contamination. These laws and regulations may expose Grantee and other users of Property to liability for damages and/or cleanup costs occasioned by environmental contaminati9n, regardless of fault and regardless of when in time the contamination may have occune<l in the absence of a Baseline Environmental

4

..

Assessment paid for by and on the behest of the Grantee. The costs associated with the cleanup of the environmental contamination can be substantial. Accordingly, it is prudent for Grantee to seek legal and technical counsel from professionals experienced in such matters so that it may be better apprised of its rights and responsibilities with respect to environmental contamination .since Grantee has been informed by Gran.tor that hazardous wastes or substances may have been or now are used, stored, handled, or disposed of oo the Property. Grancor has given Grantee notice regarding the possible presence now, or in the past, of hazardous wastes or substances on the Property. The tenn "hazardous wastes or substances", as used in this notice, may include, but is not limited to, petroleum based products. paints and solvents, lead, f.;yanide, DDT, printing inks, acids, pesticides, ammonium compounds, asbestos, PCBs, and other chemical prodQcts. Each party agrees to hold the other hannless against all costs of any assessment of . the Property, environmental dr otherwise.

22. Disclaimers and limitations. Notwithstanding anything to the contrary herein contained, Grantee ex.pressly understands, acknowledges and agrees that 1he conveyance of the Property shall be made by Grantor to Grantee on an "'as is, where is" basis, and with all faults, including fire damage and/or .the environmental condition of the Property, and Grantee acknowledges that Grantee has agreed to buy the Property in its present condition and that Grantee is relying solely on its own exanlination and inspections of the Property and not on any statements or representations made by Grantor or any agent or representatives of Granter. Additionally, Grantee b.ereby acknowledges that Grantor makes no warranty or representation, express or implied, or arising by operation of law, including, but in no way limited to, any warranty of condition, habitability, merchantability, or fitness for a particular purpose of the Property or any portion thereof, or with respect to the to the economical, functional, environmental or physical oondition, or any other aspect, of the Property, including Grantor's title to the Property. Grantor hereby specifically disclaims any warranty, guaranty or representation, oral or written. past, present, or future, of, as to, or concerning: {i) the nature and condition of the Property or any part thereof, irn.:luding, but not limited to, its water~ soil, or geology, or the suitability thereof for any and all activities and uses which Grantee may elect to conduct thereon, or any improvements Grantee may elect to construct thereon, or any income to be derived therefrom, or any expenses to be incurred with respect thereto, or any obligations or any other matter or thing relating to or affecting the same; (ii) the absence of asbestos in any envirorunentally hazardous substances on, in, or under the Property or on, in, or under any property adjacent to or abutting the Property; (iii) the manner of construction or condition or state of repair or lack of repair of any improvements; (iv) the nature or ex.tent of any easement, restrictive covenant, right-of­way, lease, possession, lien, encumbmnce, license, reservation, condition, or other similar matter pertaining to the. Property, or portion thereof; and (v) the compliance of the Property or the operation of the Property or portion thereof with any laws, rules, ordinances, or regulations of any governments or other body. Grantee hereby absolutely waives any right, claim, or cause of action which Grantee may have against Grantor with respect to the environmental conditions existing at the Property on the date of closing. By way of example only and not by way of limitation of the foregoing, Grantor does not warrant clear title to the Property. Nor shall Grantee be allowed to retum the Property

5

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because of defect in title. The provisions -of this paragraph shall survive the execution and delivery of the deed by Grantor and the closing of the transaction contemplated by th.is Agreement.

23. Indemnification Grantee agrees to indemnify defend, and hold Grantor, and its officers, agents, employees and representatives, harmless with respect to any claims, losses, costs, (including attorney's fees and other professional fees and expenses), and any other liability incurred by Grantm as a result of any failure by Grantee or its officers, agents, employees, or representatives, to perform any of its obligations under this option, including, but not limited to, any representations, conditions, indemruties, covenants, or agreements made pursuant to this option, or which arise out of, directly or indirectly, the sale of the Property. Grantee's obligation to indemnify and hold Grantor harmless shall survive the closing on the Property

24. Time of the Essence. The parties specifically declare and agree that time is of the essence in this option.

25. Survival. Except as otherwise provided in this option, the terms, conditions, provisions, agreements, representations and warranties contained in this option shall merge into the deed and shall not survive the closing of th.is transaction.

26. Governing Law. This option shall be governed by, and construed in accordance with, the law of the State of Michigan.

27. Exhibits. Ali exhibits referred to herein and attached hereto shall be deemed part of this option.

28. Severability. The invalidity or wienforceability of any provision of th.is option shall not affect or impair the validity of any other provision or term.

29. Modifications. This option may not be modified, changed, supplemented, or terminated, nor may any obligations hereunder be waived, except by written instrument signed by the party to be charged or by its agent duly authorized in writing or as otherwise expressly permitted herein.

30. Third Parties and Assignment. The parties do not intend to confer any benefit hereunder on any person, firm or corporation other than the parties hereto. No assignment of rights under this Option Agreement may be assigned by the Grantee without the written permission of the Grantor, except that the Grantee may assign its rights to. a related entity. A "related entity" is defined as an entity having at least fifty (SO%) percent of the ownership or membership of the Grantee.

3 l . Multiple Parties. In the event that either Grantor or Grantee consists of two or more persons, th.e word "Grantor" or "Grantee" shall be construed as reading "Grantors" or "Grantees" whenever the sense of this option requires that this be done .

6

32. Pronouns. All pronouns and any variations thereof shatl be deemed to refer to the masculine, feminine or neuter, ::iingular or plural, as the identity of the parties may require.

33. Counterparts. This option may be executed in counterparts, each of which shall be deemed an original.

34. Captions. All captions. headings, paragraph and subparagraph numbers and letters are solely for reference purposes and shall not be deemed to supplement, limit, or otherwise vary the text of this option.

35. Negotiated. It is agreed by the parties hereto that this option is a resuh of negotiation between the parties, and accordingly, it will not be construed again.st either party in the event of a dispute or litigation arising out of this option.

36. Contingency - Financing. This Option is contingent upon the Grantee obtaining acceptable financing prior to the expiration of the Option Tenn.

37. Contingency - City Council Approval: This Option is contingent upon approval and authorization by the Jackson City Council. If the Jackson City Council approves this Option, the Grantor shall so notify the Grantee.

38. Binding Effect. This option shall benefit and bind the parties to this option and their respective successors and assigns and shall run with the land.

39. Effective date. This option shall become effective as of the last date first written below.

40. Entire Agrei:;ment. This option (including alt exhibits attached hereto) contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior understandings with respect thereto.

The parties hereto have executed this option as -0f the day and year last written below.

GRANTEE: COMMONWEALTH ASSOCIATES, INC.

By: L~~ December 6, 2016

Its: President

7

STATE OF MICHIGAN ) )SS

COUNTY OF JACKSON )

The foregoing instrument was acknowledged before me in Jackson County, Michigan this day of 2016 by De,nnis Decosta. the President of

Commonwealth Associates, Inc., a Michigan municipal corporation, on behalf of the corporation.

Notary Public, Jackson County, Michigan My Commission Expires: _______ _

GRANTOR: CITY O~CKSON ~ By: ~

Its: City Manager

Dated: \ l---'\1-""\ ~

STA TE OF MICHIGAN ) )SS

COUNTY OF JACKSON )

The foregoing inskt was acknowledged befote me in Jackson County, Michigan this 1§).Jih day of eonJo.e,r- , 2016 by Patrick H. Burtch, the City Manager of the City of Jackson, a Michigan municipal corporation, on behalf of the corporation.

DEBRA A. NOGA NOTARY PUBLIC, Hillsdale County, Ml My Commission Expires March 4, 2019

Acting In Jackson County, Ml

~ Jd. . ~racy Public,

Jackson County, Michigan My Commission Expires: ______ _ _

8

EXHIBIT A- BOUNDARIES

9

,/ ----1 o· ti -- --- . ' .•• • • llj , t

- ·- -·-- ' ._ __ _ COMMON\NE:An~ AS50ClAn::s. IN

2.7.<'? 'v>J CUCA<. HwY' ---I EXHIBIT

A.

CITY OF

JACKS'-., N ------C- i_ty_M_a_na_g_er_'s_o_f_fic_e F 0 u n d ed 18 2 g 161 W. Michigan Ave. - Jackson, MI 49201

MEMO TO:

FROM:

DATE:

SUBJECT:

Phone: (517) 788-4035 •Facsimile: (517) 768-5820

Honorable Mayor and City Councilmembers

Patrick H. Burtch, City Manager

Council Meeting - September 4, 2018

Fourth Addendum to Option Agreement for 228 W. Michigan Avenue (the Hayes Hotel) between the City of Jackson and Home Renewal Systems, LLC.

Recommendation: APPROVE execution of the attached Fourth Addendum to Option Agreement between the City of Jackson and Home Renewal Systems, LLC for 228 W. Michigan A venue and authorize the City Manager to sign same and to take all actions necessary to effectuate the Addendum.

Your consideration and concunence is appreciated.

I

MEMO TO:

FROM:

DATE:

RECOMMENDATION:

DEPARTMENT REPORT

Honorable Mayor and City Councilmembers

Bethany M. Smith, City Attom~ Council Meeting - September 4, 2018

APPROVE execution of the attached Fourth Addendum 10 Option Agreement, between the City of Jackson and Home Renewal Systems, LLC, for 228 W. Michigan A venue, and authorize the City Manager to sign same and to take all actions necessary to effectuate the Addendum.

SUMMARY

The attached Fourth Addendum lo Option Agreement sets out the rights and responsibilities of the City of Jackson and Home Renewal Systems, LLC (HRS) for the option to ptrrchase vacant land from the City of Jackson.

HISTORY. BACKCROlJNO and DISCllSSION

The Option Agreement gives HRS the exclusive right to the Hayes Hotel located at 228 W. Michigan A venue. If the option is exercised, HRS will be required to enter into a purchase agreement and development agreement on or before the closing. The purchase price will be $1.00 plus reimbursement to the City of Jackson for repairs made to the roof (up to a maximum of $120,000).

HRS has already paid the City of Jackson $20,000 for additional time to exercise the Option. If HRS exercises the Option and ptrrchases the property, the $20,000 payment for the extension will be credited towards the reimbursement for the roof. If HRS does not exercise the Option, the $20,000 will be forfeited to the City of Jackson. The current Option expires on September 30, 2018.

The Fourth Addendum will change the date for exercise of the Option to March 31, 2019.

POSITIONS

APPROVE execution of the attached Fourth Addendum to Option Agreement, between the City of Jackson and Home Renewal Systems, LLC, for 228 W. Michigan Avenue, and authorize the City Manager to sign same and to take all actions necessary to effectuate the Addendum

ATTACHMENTS: Proposed Fourth Addendum to Option Agreement Option Agreement

1

FOURTH ADDENDUM TO OPTION AGREEMENT

This is a Fourth Addendum to Option Agreement entered into on the __ day of

________ , 2018 between the City of Jackson, a Michigan municipal corporation,

with offices at 161 West Michigan Avenue, Jackson, Michigan 49201 (hereinafter ''the City"),

and Home Renewal Systems, LLC, with otlices at 23370 Commerce Drive, Farmington hills,

MI 48335 (hereinafter "HRS").

This Addendum shall be and is incorporated into the Option Agreement dated June 22,

2016 between the City and HRS (hereinafter "the Option") for the following property:

Property in the City of Jackson, County of Jackson and State of Michigan legally described as:

LOTS 7, 8 AND THE SOUTH 19 FT OF LOT 9, ALSO ALL OF VACATED ALLEY TO THE WEST ADJOINING LOTS 8 & THE SOUTH 19 FEET OF LOT 9, EXCEPT THE EAST 22.5 FT OF LOTS 7 AND ALSO EXCEPT THE EAST 22.5 FEET OF THE SOUTH 19 FT OF LOT 9, BLOCK 1 NORTH, RANGE 1 WEST OF THE ORIGINAL PLAT OF THE VILLAGE OF JACKSONBURG

The City and HRS agree to the following changes and/or additions to the Option:

A. Paragraph 3 of the Option shall be amended to now read as follows:

"3. Term of the Option. In consideration of the payment of $20,000 as set forth in Paragraph 1 which bas been paid by HRS, this Option Agreement shall be in effect from the last date upon which this Option Agreement is signed by the parties ("the Effective Date") and expire on March 31, 2019. The Grantee may elect to acquire the Property any time during the term of this Option (as extended) by notifying the Grantor in writing of its election to purchase the Property.

B. Paragraph 11 of the Option shall be amended to now read as follows:

"1 1. Evidence of Progress of Development. As a condition ofreceiving a six (6) month renewal of the option term, Grantee must show satisfactory evidence of progress on the development of the Project. Satisfactory evidence of progress on the development of the Project can be shown by.completion of the steps on attached Exhibit C and as defined in

Exhibit C. If Grantee fails to show evidence of progress on the Project as set forth on Exhibit C, Grantee shall not be permitted to extend the Option.

a. Grantee must show satisfactory evidence of progress on the development of the project by the dates set forth in Exhibit C. If Grantee has already exercised its option to purchase the Property and fails to show evidence of satisfactory progress on the Project as set forth on Exhibit C, Grantee must immediately transfer the property to the Grantor City by way of quit claim deed or in the case where the project never transferred shall agree to forleit this option and any authorized extensions thereto. The purchase price when transferred back to Grantor shall be One ($ 1.00) Dollar (any reimbursement amounts for the repair costs of the roof paid by Grantee at closing will not be repaid to Grantee upon transfer back to the Grantor); however, Grantee must also pay the Grantor City all closing costs, transfor taxes, recording fees and other related costs incurred by the City from the original sale to the Grantee and from the subsequent sale to the City, plus any unpaid taxes that have accrued during the Grantee' s period of ownership of the Property. In addition, if Grantee has commenced construction on the Property and made improvements, Grantee shall pay to Grantor all costs incurred by Grantor to bring the Property back to its condition at the time of sale to Grantee if Grantor desires to remove the improvements. If Grantor does not desire to remove the improvements, all improvements shall become the Property of Grantor free of any claim of Grantee. If the Property is transferred back to the Grantor, then a ll surveys, studies, and environmental assessments performed at the request of the Grantee shall become the property of the Grantor. Once satisfactory evidence of progress of development has been shown (interior demolition completed), the property will not be transferred back to the Grantor.

C. Exhibit C of the Option shall be amended to provide as on the attached Exhibit C.

IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be

executed as a proper corporate act of the City and Home Renewal Systems, LLC on the day and

year first written above.

THE CITY OF JACKSON, MICHIGAN

Patrick H. Burtch Its: City Manager

2

ST A TE OF MICHIGAN ) ) SS:

JACKSON COUNTY )

Subscribed and sworn to before me, this __ day of 2018 by Patrick H. Burtch, City Manager of the City of Jackson, Michigan, a Michigan municipal corporation, on behalf of the corporation.

HOME RENEWAL SYSTEMS, LLC A Michigan Limited Liability Company

Shannon Morgan Its: Senior Vice President

ST ATE OF MICHIGAN ) ) SS:

JACKSON COUNTY )

Notary Public Jackson County, Michigan My commission expires:

Subscribed and sworn to before me, this _ _ day of 2018 by Shannon Morgan, Senior Vice President of Home Renewal Systems, LLC, on behalf of the Company.

Drafted by:

Bethany M. Smith (P57913) City Attorney 161 West Michigan A venue Jackson, MI 49201

3

Notary Public

---County, State of Michigan My commission expires:

EXHIBITC

Evidence of Progress of Development

To be completed by the expiration of the Option Tenn (completed by March 31, 2019):

Proof of Submission of documentation to SHPO for the approval for listing on the National Register of Historic Places by the United States Department of Interior. Proof of Submission of Historic Tax Credit Pat1 II Application to the Michigan State Historic Preservation Office (SHPO) for Preliminary approval by Michigan State Historic Preservation Office (SHPO).

To be completed by March 31, 2019:

Submittal of completed and sealed construction drawings and specification to the City. If complete construction drawings are not submitted by the above referenced date, the Grantee and/or Developer must remit Twenty Thousand Dollars ($20,000.00) in addition to all other costs associated with this agreement within 30 days of said milestone default.

To be completed by the end of the Term Extension (completed by March 31, 2019):

Proof of Financing acceptable to Grantor

Constmction must commence by May 31, 2019:

If the property has been sold pursuant to section 12 of this Agreement, but construction is not commenced by May 31, 2019, the Grantee and/or the Developer must remit an additional One Hundred Eighty Thousand Dollars and Zero Cents ($180,000) to the Grantor City to offset the cost of clearing, administrative and roofing costs to retain the property for an addition 6 month period. Construction is considered commenced when the interior demolition, lead abatement, and asbestos removal are complete and certified through a legitimate clearance report performed by a firm of the Grantor's choosing.

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0PT10N AGkBEMENT Bffective Date lune 22, 2016

The City of Jackson, a Michigab municipal oorpotation. with office$ at 161 West Mfohigan Avenue, Jackron, Michigan 49201 ("Grsntor,. or "StltCt''), and Homt Renewal SystemJ. LLC, a Michlaan limited liability company, with offices at 23 3 70 Commerce Drive, 'Fannington Rills, Michigan 48J35 C'1Grantee0 or ' 'Purohaeer''), enter tnto this Option Aareoment as of the Effective l>ata appcarillJ llbo\101 subject to the followit'lg condition11:

1. Grant qf Opdotr. In con11ide.i·ation of One Dollar ($1.00), rcooipt of which Orantor acknowledges, paid by Gratttee to Grant(lr, the Grantor grants the Ottaittee an exclusive option to purCihttse the W\1 property described on Exhib~t A with all eBSe1nenta, rights and appurtenances (hereinaf\tr .. the Property"). The option sh&ll remain in effect for twetve (12) month11 from the Bff~ctivc Date or lhis Option Agreement as defined below (the "Option Tenif'). Grantee, ~t its 80le discTI)tion, tn.l'lY renew thi& option. for one (l) 1tdditional six (6) month tenn C'Tonn Extensk1n") by paying an 11dditional $20,000 at the beginning of ~aid 6 month Tenn Extension, which will be attributed to the purchase priee and as consideration for each renewal pt-us the reimb\lt'&ed costs aa set forth in Parr.gtllph 4 below. The consideration for the ex.tensions of the aption. sholl bl'I paid on or before the first day of each extension.

2. Scope of the Pt-oject. It is the undersh\nding of the parties that Grantee in.tends to cLM:lop --·a ·comme.roial ·and rettil mfa.ed~use developmellt at tile Property, which is horoinafter

rcti::>rred to as "the Project." The Property that fs the si1bjeci. of the Project is depioted In the attached Bxhtoit B. Ii is undetstood thf.t the Project Property oorth property Une lll!Y need to be altered to inco.rponite thci footprint of the building md the 0011t~mpla.ted atair tower. The lot immediately north of the Project Property will provide an ea1ement for ingress/egress to Project Property md usage during oon&truction activity. ln tJi e ~uc of a discrepancy bctweim the legal description and the property depicted in Exhibit 8 1 thi: boundaries detinet1ted in Exhibit B shall prevail.

3. 'term of the Option. This Option. Agroemcint riha.11 bo hi effect for twclv~ (12) m0t1ths fron1 the Effective Datet unlesa renewed as provided ifi Para.graph l. The Grantee tnay

olect to acquire the Prr;>perty any time durlng the uirm of this Option (aa ext.ended) by notifying the Oran tor in writing of its olmlon to purcha&e the Property.

4. PurchaJe Price.. The puroha.se price fot· the Property is Otte ($1.00) Dollar plus reinibursement of the Grantor's costc (tncuttod before and/or aftor the date he1:eot') of repairing/ replacing the roof of the building on the Property, not to exceed One Hundred and Twenty Thou&atld Doltm and Zero Cents ($120,000.00). If Grantee fails to comply with UIY mtlti&tone li&ted in Exhibit C t®n all additlooal 113cmiea contemplated a!I pan of thia opri-Otl agreement shall be added to tho above referenced s 1:20,000 at o1oq. The purchase price of the Property and the rcimbllt8od r<Jo(mg and all other coet:s re&rred ro in Exhibit C n\ust bo pald in ftlll at the lime of closing.

S. Roof Repair .PJ-ktng The City bas already lnstalled n 4' Mil Poly· ISO TPO roof system with. and R241nsulated roof deck at the cost of$3~o.ooo during the 2015/16 toWJtructlon sea ion.

6. C1mdition off.lie Property. Both G1'8.lltor and Grl!ltttee acknowledge that they are aware of the present state of repatr of the Property and that the C3rant"1' bs no present plans to repair or preeorv~ the Propisrty. Orantor ah.all have no obliption under the tmins of this Option to repair or maintain the Property in at1y othel.' manner, Grantee acknowllldges tbit any repairs th.at a.re made to tho proporty arc done Halely for the benefit of the G:nsutoe in order to preserve t'bc "Property for Grantee's intended Proj°"t.

7 . Mtrin tenance and Utility Costs. All repair or maintenance coats incurred by the Gunter that are a direci reault ofGtantee'& use, eval\Jation or deeire to preserve the Property shall be the responsibitity of the Or8l1tee and shall be paid at cloaing. Orn11tor. at its own expense, sh.al1 Ui!e reasonable effo1'ts to 1nalntain the Prop~tfy in its current condition.

8. lnsu.ranc€. As a pre~ondition to the Grantee en~riug the Property d\1ti.ni the option perlodt it shall be required to show evidenco of commercial aenetlll liabllity il\ruraoee, worker't1 compens~tion inBure.nce and pi:ofeastonal liability b'IS1.1tance (where applicablo), which is reasonably acceptable to the City. The commercial aonoral liability insutancc policies shall name lhe City, it; agents, tepresentatlves, officers and employees as additional imn1reds to proteot their interests. Both bodlly injury and property damage insurance must be on an ocourrenee barris; and suoh policies shall pcovlde that tne coverage afford~d thereby &hall be primary eoveraae to t11e full limits of liability stated In tho deolarations, and if ttie City, apnts, representatives, officers 01.· employees lul.ve other msw•ance against the loss covered by said policies. that other inSttraClCt &hall be C1CCC88 insurance only. Such insurance ooverage shalt be issued by financially responsible ill.$urancc compan1esi !icemJed in the State Clf Michigan, and appt"Oved by the City. Upon request by the City. the 01.'antee 8'1lal1 submit atl insurange policies for rtWiew. Eaoh policy shall provide for thirty (30) daytt wriuen notice of !lAncellation, expiration, termination. or china~ ofpolioy to \he City.

9. Title. The Grantor agtee9 to oonvey t.itle to the Property co the Grantee if the Granite exe1~ises the option. A:IJy conveyunoe under this option shall be by Quit Claim Deed. At

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the closing, Orantor shall purchase title inirurancc in tlle fun arnoum of the purchase price on the Property in the name of tho Orantec.

l 0. Survey. If the Onntce exercises the option, the <Jrantor an an order a boundary and improvements s~ey of the l'rol)ertyj to be !)tepated by a rogi~d 111rveyor lioE!ttsed in the State of Michigan that conforme to the b01lndarie9 delineated in Exhibit B subject to alteration as indicated in paraar.pb 2.

11. Evfdehc~ of Progress of i)qv11lopme11t. As a condition of rec0Mna a six (6) month renewal of the original twelve (12) month tenn, Oranteo mnat ahow eatisiactory evidence of progress on the development r.>f the Proj~t. Satisftlotory eVid.ence of progress on the denlopmont of the Project tall be 111hown by compl.,tion of the steps on attached Exldbit C and as defined h'l 2xbiblt C. If Grantee fans 10 ahow wide11c:e of progress on the Project as set forth on Exhibit C, Otmttee ghall ttot be permitted to extend the Option,

I

e.. Oi:antee must show HWlfact<Jty evidenat of progress on the development of the project by June 15, 2017. If Grantee ha& alnsady exercised it8 opti()n to purchase tho Property and fails to 9l\Qw evidcnot of satisfactory pro~ess on the P1'0jeot by June t5, 2017, as s;ot; forth on Exhibit C, Grantee must immediately transfer t11~ property to the Gran.tor City by way of quit claim deed or in the ca~e where the project never transferred shall agree to forfeit this option and any authorized exterulions thereto. The purc:hnac price when transferred btok to Orantor shall be One ($1.00) Dollar (any reimbursement a.moi.mts fot the repair cC>!ltl of the roof paid by Gmnttic at closing will not be tepaid to Orantec upon transfer back to the Orant0r); howe¥et, Grantee m\tat also pa.y the Grantor City an closing costs, tramfer taxes, rc<iordi11g fees ltlld other related costs incurred by the City ftotn the oriainal nle «> the Orantee and from the sub8equent sale to the Chy. plus a11y unpaid tax.ea that lwve accrued duriug the Grantee's period of ownership of the Property. If the Property is ttansfened back to the GrantQt, then all Sllrveys, studies, and o.nvironmental assessments performed a.t the tequeat of the Grantee shall become the property of tbe 0.rantor. Once sati&fa(:toty cvidenoe of progrest Of deVeloptnent has been 11hown (interior demolition Ct>mpleted), the property wm not be tmn&fetred back to the Grant.or.

12. Closing. This Hale shall be closed witWn thirty (30) dayB aftet all the closing documents arc proparod, but no later than sixty (60) da.y« aft.or the date of tba notico of the exerouc of tlle option. The Orantot shall be respon1libte for preparing the Quit Claim deed to be signed end giv<:n at the closing. The Grantee shall pay a.ti closing costs including but not limited to, the transfer tax Rt the closing.

13. Pas.resaion. Grantee sh.all have pos6Cs&ion of the Property tJlirty (30) days l'.lr soontt· after the closing t.o allow Orantor sufficient time to remove its personal property

14. Proration. The Oran.tei> shall pay real estate taXe11 due and owing on the date of the closing. The Grantee shall pay &iy put due speaial asseeaments levied against the premises before the date of the closing. Future in&blllntants of special assessments are payable by Otantee.

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15. &ercLre Qf tha Option. The Otantee may ox.c.rciae this optioo by aivinl) a wrlttw notioe sigJ1ed by the Orante"· perconally served or deli\le.rod by a«iitied ma.fl to the City Manager, before the option expire&, to the Orantor at the Gruntor•s addtHS ltatod above) or at a aub8oquent addrcsa that the Grant.or provides to -the Orant~c in writing. AU notices shall bo seot to the Grantee by personal service or ¢ertifiod. m11il at the address shown abo110 or a aubecquerrt address that the Grantee provides to the Otantor in wdiing. A notice given hy c:ertii1ed m.e..il shall be deemed given oo the d4tc the notice is deposited for mailing in a United States post office or mail receptacle with proper p<Jstage affiud.

16. Btlt.ding Effect. This option shall benefit and bind the ptrHcs to tl1is option and their respective ruceelJsors and assigns and shall run with the land.

17. Effectivtt Date. This option shall beL!mne effective ll8 of the d.ote firiitwritren above.

18. /Jroker'.J Fe1u; Pinder~' Fee:J,' f)~elopment Fees: Grantee's Agent. No broker•s fees will be paid in connection witll the Proporly of this tre.nHctinn.

19. Damage to Praperty; Any provision to thr::s ~onttary notwitb~tartdlng, if the Property is damaged by fire or other casualty prior to closing, Grantee mti.y either elect to rev~ke the exercise of the Option or to proceed with the Closing. Any damages that ~ a· result of Grantae'g activities on the 'Property shall b~ the responsibility of Grantee and paid to Otantor upon requesL Upon closing, Grantee mustn1aintaitt the property irt orderto avoid degeneration and detel'iorntlon of the struoture, including but am \United to malntenanoe of utilitie~ ant1 climate <:ontrol. Grantee acknowledges that the 1&ttucture could be condemned by the Orantor should the 11h'Ucture become d01T10Hsbed by neglect.

20. Parking.

A. Aw:llabll!ty of Parklnff. Orantor and Gra.nte~ rc;cogniu that accesa to parking is critical to redcvo1<>,P.men.t of tho Proporty. As a result. Orantor will malte parking for One Hundred Forty~Five (145) parking spaces avaiJabte to Oran1ee for the Property. Tue packing may be in parking spaces located in either surface lot8 or parking d~ks within a reasonable distance to the Propel't.y. Grantor det!i!mrlnes the location of the spaces ill whioh puking ig a.vailnblc. Pa.tk:i.n8 ~ertnit han~tgs will be i9sued to the Grantee at closing and annually thereafttt. This provision Oh

parking is not effective unless Grantee exercise& this Optioi::t with the time periods aet forth in. this Option Agniemout ood closes on the property.

B. P~ics qf Patkf.ng. The price of each parking permit hangta& shalt be Fifty and 0/100 Ooflars ($SO.OO) per month par tag. The price of each parking .Ptmlit hatigtag shaU increHe by Three percent {3%) per year far tlie flrat five (S) yca1'S from tl1o date of exeL-ci5e of this Option. After tive (5) yeus, the prioo of the pal'lting pcnnit hang tag shall be increased annually on tbe annlvct•sary of the Effective Date of this Agreement by a percentage oqua! to th~ percentage increase in the Consul'Der Prioe Index, All Cities, published by th~ U.S. Departlllent of

Labor for the mcnth lhis Agreement goes Into effect and the most recently published index at the amiiverwy date of this Agreement. Said parking perm.i~. cammcn.&-urate with the need shall be :imrob4sed by the Grantee, it1 agents, and/or assigns on the1 da~ 11 certiflcote of occupancy ls aranted by the Grantor City b­each epecifi(; use. POT example, at the issuance af curtificatOI of occupaa~ies fut 24 Nsidcntial \UUIS or fraotion thereof, the necessary annual parldna permits mu1t be purchased fro1n the Onmtorby the Clraateo. lf tlic Grantor's meterle88 parJdna system is expanded to ln4:lude the ~aces in the "Vicinity of the Property, Grantee agrees to pay the meterlegs parking asa"•sment.

21. Other Special Conditions. The Grantor and Grantee agree that, aa a condition precedent to a sale '11\det this option, due diligence activltiea must occur prior. to closing and arc the iuponsibility of the GrauteG.

22. G<JVernrttentaJ Autlrortza.tion. If the Property iB not presently zoned to permit the we contemplated by tbe Grantee, and rezon.iJlg fa neoeasary, then Ora.ntee's exerci8e of thi• Option ~hall be doomed con<litioned upon obtaining tet.oning. Buyo· shall immediately berifn th.~ process for rctoning upotl cX~titian of thla Option and dill~cntly pursue rezoning at its expense. If rezoning hu not occumttt prior to olose ()f the sale of tbe Property. Grantee .may either (i) tmninim: tbis Option+ or (ii) we.ive this COlldition. and }Uoceed with cloaing.

23. Authorization t<J Enter. Orantor authorize11 Granuie to enter upon the Property at any time prior to olosing to survey the Property, to determine tho exact. dimensions and tega.L description thereof, to make sctl borings to detennina tho suitability of the land for the lutcmded uses. and to anatyie the &oit borings to asoe1tai.n the tovcl of comaminants. Grantee bears the ex.pensb of a.tl botings, surveying and testing. The Grantee may inspeot the Property and all buildings on the :Property and conduct suoh tests, as Ore.ntee may desire, including an. environmental assessment of tho Property. The Grantee or any party the Grantee ·designates is granted r618onabte .!)(ltcsa to the .PfOt'erty for io~pcction. bi each ,instance. the Gran1ee must inform Orru.ttot of the time l!!nd date when Grantee or others acting 011 its behalf wish to insptct the Property w that those visit& can be .wh«luJed at ti~ th.at accommodate Orant«'s .icheduJe-, Grantee m~t r~~lr aJ1 damage caused to the Propmy to Ornntor's satisfaction within 30 days of th4l visit. Grantee witl defand, ind~mnify. and Sil.Vt) hnrtnlesl'l the Orantor and It& ageots, officc:ra, employee~ or -swvailts from .and agatn~t rmy and all liability, cost, O'f losses r@.su·ltlna from any and all claims. demands, suits, a-ctions, payments, or .iudgmenu1, includin.g any w.t ruI expens.os, legal or otherwlse, brl.ll.tght or recovered e.gafriit the Grautor by any third party, arising directly Qt indirectly by 1·eason of any act or omission or the Grantee, or its agents, &erVant~ employees, or <iontracton. or any other per&on or entity, in

· coDllection with entt'y upon tbe Property as he1'ein allowed. 1n addt1lon to the foregoing indenmiticatioo. agtilMt third patty clllims. the Granwe will ind~mnify, defend .• and save hannkJS the Orant"r It-Om my CC&t.u, k>saea, t>l' dlilllBPf, inc1u.ding my-and au n~. legal or otllcrwise1 arising from lny pel.'Sonql injuries, property damage, bodily tnjuries, death, or 01he1 !<>&ses arising direotJy or indirectly by reason of any m.1 or Qnri&sion cf the Grantee or its agents, S«Vants, empleyeee, or oontractors, whereby the Oram-0r claims to

. ..

be dameged. directly or indireotly, by satd ac:t or omissfon in connootion with entry upon the Property as heteU\ allowed. Grantee's obHga.tion to defend. indemnify, and save bannless the Grancor &ball survive the clos,tlg.

24. Default.

(a) Default by Grantee~ lf Oruntoc is in defat.1lt hc.reUllder, and said default is not cured within a. rcasonable poriod, 11ot to e.x®Od ten {l 0) daya. Orantor shall be entitled to tenninate tbia option.

(b) Otfault by Otantor: lf Grant.or ia in dcsfault hereunder, and said dcfllult is not cured within a ™1.SOJtable period, not \0 exceed ten (S-0) d1Ly11, Otentee shall haw the right tu revoke the exercl11e of this option Dt' to proceed to cioae

25. Nottce to Orant.8'1. (Hamrdou.a Wastes or Substanceat Underground Tank&) Grant« bas been informed by Gtantor U\at the Property may contain en11ironmcnml cot"l'tttmination and may have contained underground storage tacks. ·

Th~e are numerous fedaral, state, and lo~ law& and resulation• in existence, \\Illich aro intended kl control and/or conect envif(lrunenial contllminatic:ln. These 1.e.ws and rcaulations may exp~ Grantee and other use111 of Prop(:rty to lilbillty for damages and/or cli:anup costs ooca&ioned by environineotal contsmination, regard I cs• of fhult and regardleBs of when in time the contamination may have occurred. The CQsts asa«iated with the cleanup of the environmental contamination can be substantial. Acootdingly, it ii prudent f'or Grantee to seek legal and technical cOWlSel from profasionale experio.o.c~d in such matters so thot tt may 'be better upprised of its right<t and respoosibilities with respect to environmental contamination. ~specially ls 1uch cmmsel to be sought since Grantee has been informed by Gran1or that hazardous waates Ol' substances may havo beeri ar now are used, stot<!d. llandledt or disposed of on the Property and the °ProJ.'trty may have had, or now has, underground &torage tanks. Grantor has given Orantec notice regardin& tho possible ptesence now, or in tbe pest, of halardous wastes or substlll'lces, and of possible underground storage tanks on the Property. The term ••hazard-OltS wastes or l!llbstanoes", as used in this NOTICE, may include. but bJ not limited to, petroll3um based products, p~ints and solvent&, lea.d, cyauide~ ODT1 printing inks .• a.cidl1 pasticldes .. ammonium compounds, aabestoa, Peas. und other chemical products. Hazardous wastes ur substance and ondergr<mnd storage tanks may be present ora an types of reaJ pt·-0perty, aad this NOTICE is theref()re meant to tpply to all areas of the Property, whtther improved or unimproved. Bacl1 p11rty agrees to hold the other harmleu ll.gafost all c08te of any asaessment of th~ Pr<>pesfy, environmental or otherwise.

26. .Merger Into Development Agreem11nt. The terms of this Option Agreement shall merg~ into any subsequent Development Agroemettt between the parties which must bo executed by the Orante~ as a eondition of c.to.slt1g.

27. Disclaimers at1d limitations. Notwttbatanding anything to the contrary here1n contained, Purchaser ex.pteesly undersl1nds, aoknowledaea and agrcei~ that the conveyance of tht

Property shall b~ made by Seller to Pun:haru:r on an "at is, wht.We is'' basis. and with all faults. including fire da.maa~, tho environmental condition of the Property, and Purchaser acknowled~ that Purchaser bu agroed to buy the Property ln ltl present eonditlon and that Purchuer is relying solely on its own examination and inapecl.ions of the Property .rul not on any statement& or reJJt"'sentations moo' by Seller or any agect or ropresentati ves of Seller. Ad.di.t1onally. Purchaaer hereby aoknowledgea that Seller mua no wananty or repres~ntation .• express or h1lplled, or arising by operation of law, including, but in no way !United to. atty Wt1J'ratlty of condition, babitabillty, mercbantability, or fitness for a particular purpose of the Property or any portion thercsof, or with respect to tho to the economical, functional, ~nvironmental or physical ~ndition. or any other aspect, of the Propert~, including Seller1

Y title t<> the Property. So1lerhercby speolficaUy disclalms any warranty,. guaMnty or repr~scntation, oral or written, past, present. or fi.lturet of. as to. or concerning: (i) the nature and condition of the Property or any piut thereot: including, but not limited to, its water, soil, or geology. or the sultabllity thereof for any and all activities and uses which Purchnser may ele<lt to condw:t 1hereon, or any improvetnet\ts Ptn"Cha&er nuly elect to const:ruot thereon~ or any ittcome to be derived therefrom. or My exJ)erues ~o be incurted with respect thereto, or any <>bligattoM or any -0ther matter or thing relating to or aff'eoting the same; (ii) the a~ce of asbetrtos in an)! envirumne:ttta.lly baz1m.lous !jubstances an1 in.1 or under the Property or on, in, or under any property a<\jflc~nt to or abuttina tltc Property; (iH) the monner of oou11truotion or condition or state of repair or lack of repair of any improvements: (iv) the natute o ex~t Df any casement, restrictive covenant, rightrof·way, leaa~. pC>1se&5ion1 lien, encumbrance, Uceruse, reservation, condition, or other similar matter pertilining to the Property, or potion thereof; and (v} the compliance of the Property or the <?Perillion o! the Property or pc:ntion th"11lof with any laww, rules, ordiruu1'les, OI regu1ati.oa11 of any goveminents or otbor body. Purchaser heceby absolutely waives any right, claim, or cnwe of action which PurcbasGr may have against Seller with 1·e.spect to the environmental condil.i.ons existing at the Property on the date of cl<Jaing. By way of coounple only and not by way oflimitation of the foregoing. Seller does not warrant either clear title to the l'roperty, or that Purcbu~· will be able to obtain title inauren<:e to the Ptcperty. Nor sh.all Pu«lhaser be aU()wcd to return to Property becau.~e of defecl. m title. The provi~ions of this psragnph shall rurviv$ the execution and delivery of the deed by Seller and the closing of the transaction cootemp1ated by this Agreentent.

28. lnd~mn(fication. Grantee aaree11 to indemrufy derond1 $.hd bold Grantor, w:l its of£i<:l'l1'11, a11;el\h, &m1ployee~ and representative&, h111mless with respeot to any olaima, oausos of action, losses, damages, cosu. expenses (including attorney's feei. 11nd other profesdona.l fees and expenses), and any other liability ina'llned by Grantor as 11 res11lt of any failure by Ocontee or its officers, aionts, employees, C>r representatives, to perfo1"C'I or obaerve any of its obligations under this option, including, but not Hmit()d to, any reprtsen:tations. cQnditiona, indemnities, covenants, or agreements tMde pursuant to this option. or whfoh arise out of, directly or indlwltly, the sate of the Property. Orantac1s obligation to indetnnify rmd hold Grantor harmtess &hall survive the closing on. the Property

29. Time qf tn41 Ea1ence. the pmies speoificaUy deoJaro and agree that thl1e i11 of the esaeooe in this option.

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30. SuYVtval. Except as otherwise provided iu this option, the term.~. conditioetfl, provisions, agreomeot.~, reprcscntauom1 and warrantie9 contained in this option 11hall merge into the deed and ahal111ot survive tbe dosing of I.his transaction.

3l. Governtng Law. This optiou shtdl be g-0\lerncd byt and constn1ed in accordance with, the law of the State of Miclugan.

32. ll:xhibits. All cxh\bjts refer.red to herein and attached hereto shalt be deemed part of this option.

33. Severabifity. The invaJidlty or unenforceabiHty of arty proviliion of this option shall not affect ur impnit the validity of any otber provision or term.

34. Modij1cation.9. This opdon may not be modi.fi~ ohanged, supplemented, or tenninated. nor may any obligations here\U1der be waived. except by written tnehiun"nt gignod by 'he party to be charged or by itt agent duly Quthori:z.ed in writlng or as otherwise ex.prenly permitted herein.

35 . Thkd Parties. The pa.1ti.es do not int~nd to confer any benefit hcrtunder on. any person, firm or cotporation other than the parties hereto.

36. Multiple Pat•tiPA. ln the event th.at eitller Gta.ntor or Grantee consists C1f two 01· rnore persoM, the word 11Gra11tor" or 00rantcc" shall be eonsttued as reading i•(jrantors" or 11Grautces1

' whenevet the .sel1Se of thi!I option require~ that this be dooe.

37. Pronouns. AH pronouns and any variations ttiereof shall be deemed to refer to the masculine, fominino or neuter, singular or ptural, as the identity of the parties may requm:.

'38. Counterparts. This option ltlny be oxccutoo in co\tntel'pllrlti. enob. of which -sh.all be deemed an original.

39. Captions. Aii captions, headings, paragraph and subparagraph numbers and lett~rs are solely for riefor()nce purposes and shatl nol be deemed to suppl~neot, limit, ot· otherwise vary the text of this option.

40. Negotia.tecl. It is agreed by the :parti<is hereto that this option i~ o result of negotiation ;betwe.en letc parties, .and aocordooglyl .it wUl not b-e construed ngainsi either pa.J.'ty 'in th~ event of a disput.c <>r litigation arising out of thj~ option.

41 . Entire Agreement. This optiOt). (including all exhibits attached hereto) contains the eutire Hgreement between the parties with resp~t to the subject matter he1·eof and supersedes alt prior understandings with reapect thereto.

8

. . . . .

Tho p.met hmto have tUWted th~ option. u of the day ud yoar 1ut writtell below.

01.ANl'BE: ORANTOJ.:

HOMB RBNBW AL SYSTEMS, 1..LC

Dated: (,, .. ~t{-/ (d

. . .

BXHIBITA

The Property is deld'lbed u:

Propeny in tho City of Jackloa. County of Iaaklcm and State olMtddpn leplly deleribed 11:

LOTS 7, 8 .AN?) nm soum: 19 FI' OF LOTS>, ALSO A1L OP VACATBD ALLEY TO nm WBST At>JOYNINO LOTS 8 A nm SOUTH 19 FBET OF LOT 9, BXCJPT 111! BAST 22.~ PT OF LOTS 7 AND ALSO EXCBPT THE !ABT 12., n&T 011' Tim SOUTH 19 fT OP LOT 9, BLOCK l NORTH, RANGE 1 WBST OP THB ORIGINAL PLAT Of TKB VILLAG'E OP JACKSON~G

10

EXllIBlTR

11

BXHYBrTC

Evidence of Ptofp'ets ofD~vMle>pment

To be completed by the end of the first 6 months of the Option Ttnn (completM by D«embor 22, 2016):

- Architectural conceptual study which includes extorior elewtioni;, toom delineation for each ftoor complete with prop~ed use.

- Bnvironmenta.1 Review and Baseline EnviroWllental Assesstnent (BEA} - Pro Fomia (l:>cvelopn1ent and Financing Plan) and submittal of said documentation to

the Clty and tbe Michigan Economic Oeve1oµment Authority {ME.DC) for CRP funding consideration.

* Proof of Submis11ion for Preliminru·y detennination \)y Mloltlgan State H.istorio Preservation Office ("SHPO'') that the Ptoject qualifies aa a historic resource and is eligible for fcdcrlll hist.ode tax credits (Rilltoric Tu Crodit Part. I AWli<:11tion al'proval).

To be com:plet~ by th4' Option Tenn (eompltted by June 1.2, 2017):

- Proof of Submisaion of documentation to SHPO for the ~ppt·oval for 1iati.ng on. the N1ttional Register of Historlc Ptaoes by the United StAtos Dopamnent of tmerior.

• Proof of Submission of Historic Tax Credit Prut LI Application to the Michigan State .Hisloric Preservation Office (SH'PO) for Prelimtnary appr<>val by Michigan State Historic Preservation Office (SHPO).

If Grantee has not purchased the pl'operty by JU.ne 22, 2017 .• Gl'al\tee shall 'f>&Y Grantor 111

additional Twenty Thousand ($20.,000.00) Dollars as described in Section 1 of tllis Agreement to secure a term oxtenSion.

To be completed by Si:,ptember 22, 2017:

• Submittal of completed and sealed construction drawings and specification to tbo City. If complete construction drawings at~ not su.bmltted by tho above referenced date, the G~ntee and/or Developer must rentlt Twenty T\\ous1U1d Dollars ($20,000.00) in additio11 to all other cos~ as11ooiated with chis Agreement within 30 days of said mltestone de.fault.

Ta~ completed by tile et1d of the Torm Bxt«tsicn (romplett:d by ~ber 21, 201 ?):

Proof of Finanoing acceptable to Orantor

12

COUINGtion muat ~by Marc;h 2'.1, 2018:

- 1f the prOpctt)' llas been !fold pursuant to section 12 of this Agreement, but construction is. rtot commenced by Mai.-cb 22. 20l8. the Qrultee andfor the Developer must rem\t an additional One ffund1'ed Bight)' Thou~and Dollars and ~ro Cents ($180,000) to tbe Onintor City lo offset the cost of clearing. adminiatratlve and roofing eo.sts lO retain the proporty for an addition 6 mouth period.

- Construction is considered commenced when the interior demolitiont lead abatement. ~d asbestos removul .,. OQmptcte and ccrtlfie4. through a logithnatc al~ran~ report perfnnned by a finn of the Grantor's chooai:q,

ADDENDUl\11 TO OPTION AGREEMENT

This is an Addendwn to Option Agreement entered into on the 111 f\d'ay of June, 2017

between the City of Jackson, a Michigan municipal corporation, with offices at 161 West

Michigan Avenue, Jackson, Michigan 49201 (hereinafter "the City"), and Home Renewal

Systems, LLC, with offices at 23370 Conunerce Drive, Farmington hills, MI 48335 (hereinafter

"HRS").

This Addendum shall be and is incorporated into the Option Agreement dated June 22,

2016 between the City and HRS (hereinafter "the Option"') for the following property:

Property in the City of Jackson, County of Jackson and State of Michigan legally described as:

LOTS. 7, 8 AND THE SOUTH 19 FT OF LOT 9, ALSO ALL OF VACATED ALLEY TO THE WEST ADJOINING LOTS 8 & THE SOUTH 19 FEET OF LOT 9, EXCEPT THE EAST 22.5 FT OF LOTS 7 AND ALSO EXCEPT THE EAST 22.5 FEET OF THE SOUTH 19 FT OF LOT 9, BLOCK 1 NORTH, RANGE 1 WEST OF THE ORIGINAL PLAT OF THE VILLAGE OF JACKSONBURG

The City and HRS agree to the following changes and/or additions to the Option:

A. Paragraph 3 of the Option shall be amended to now read as follows:

~3. Term of the Option. This Option Agreement shall be in effect from the last date upon which this Option Agreement is signed by the parties ("the Effective Date") and expire on September 22, 2017, unless renewed as provided in Paragraph l of the Option Agreement. The Grantee may elect to acquire the Property any time during the term of this Option (as extended) by notifying the Grantor in writing of its election to purchase the Property.

B. Paragraph 11 of the Option shall be amended to now read as follows:

"11. Evidence of Progress of Development~ As a condition of receiving a six (6) month' renewal of the option term, Grantee must show satisfactory evidence of progress on the development of the Project. Satisfactory evidence of progress on the development of the Project can be shown by completion of the steps on attached Exhibit C and as def med in

STATE OF MICHIGAN) )SS:

JACKSON COUNTY )

Subscribed and sworn to before me, this I q-f~day of ~~ ,2017.

DEBRA A. NOGA NOTARY PUBLIC, Hiiisdaie County, Ml My commlaalon Expires March 4- 2019

Acting In Jacuon County, Ml

HOME RENEW AL SYSTEMS, LLC An Michigan Limited Liability Company

B . ~~...L:c:;.;.-.i.:....:;_i..=._.i...:;_...::;..ii.=....:::...-1:~_.; on Morgan

enior Vice Presiden

STA TE OF MICHIGAN ) )SS:

COUNTY OF :ft4..t-~ )

~ fl - k~ Notary Public Jackson CoWlty, Michigan My commission expires:

Subscribed and sworn to before me, this ~day of ~V-tu-. • 2017.

~t)... <at · fL{;_;81_t.-

DEBRA A. NOGA NOTARY PUBLIC, Hiiisdaie County, Ml My Commission Expire& Marcil 4, 2019

Acting In Jackson County, Ml

Drafted by:

Bethany M. Vujnov (P57913) City Attorney 161 West Michigan Avenue Jackson, MI 49201

3

Notary Public < T ___ County, State of Michigan My commission expires:

T:\1025_PROFESSIONAL SERVICES CONTRACTS\MSG_2016_Kibby Road Engineering\4_AMENDMENTS\AMENDMENT 4_WALL-LIGHTING\contract amendment 4 council Kibby Rd Mgr cover memo.docx

 

MEMO TO: Mayor and City Councilmembers FROM: Patrick H. Burtch, City Manager DATE: September 4, 2018 SUBJECT: Amendment 4 to the Contract for Engineering and Design of Kibby Road – West Avenue to City Limits, adding the decorative wall and lighting at the

roundabout and other minor modifications. Recommendation:

Approval of Amendment 4 to the contract for Kibby Road Design and Engineering with Mannik & Smith Group of Monroe, MI at a not-to-exceed cost of $39,500.00, for the decorative wall and lighting at the roundabout along with other minor modifications, and authorization for the City Manager and City Engineer to sign the contract documents.

Attached is a report from Jon Dowling, City Engineer requesting approval of Amendment 4 to the above referenced contract. I recommend approval of contract Amendment 4 with Mannik & Smith Group, Inc. Your consideration and concurrence is appreciated. PHB  

t:\1025_professional services contracts\msg_2016_kibby road engineering\4_amendments\amendment 4_wall-lighting\contract amendment 4 to council kibby msg report_dec wall-ltg roundabout.docx

DEPARTMENTAL REPORT

MEMO TO: Patrick Burtch, City Manager FROM: Jon H. Dowling, P.E., City Engineer DATE: September 4, 2018 RECOMMENDATION: Approval of Amendment 4 to the contract for Kibby Road Design and Engineering with Mannik & Smith Group of Monroe, MI at a not-to-exceed cost of $39,500.00, for the decorative wall and lighting at the roundabout along with other minor modifications, and authorization for the City Manager and City Engineer to sign the contract documents. On March 15, 2016, City Council awarded the Kibby Road Design and Engineering contract to Mannik & Smith Group. The subject contract amendment is to provide design and engineering of the wall and lighting at the roundabout at Kibby and Denton along with other minor modifications.

The current contract amount for Kibby Road is $201,240.00. The total amount for Amendment 4 is $39,500.00, bringing the revised contract amount to $240,740.00.

The project for improvements to Kibby Road between the City Limits and West Avenue is included in the federally funded Transportation Improvement Plan (TIP) for 2017. As such, a combination of federal funds and City Street Funds will provide for curb repairs to reduce pavement width to one vehicle lane in each direction, the reconstruction of pavement, the construction of a roundabout at the intersection of Kibby and Denton and the construction of a non-motorized mixed-use trail between the City Limits and Denton Road.

On June 28, 2016, Amendment 1 was approved by City Council to add preliminary (design) engineering of the roundabout at Kibby Road and Denton Road. Upon approval of Amendment 1, the design of the roundabout in accordance with current AASHTO standards was completed. However, concerns regarding the roundabout’s functionality and appearance were raised at a Public Information Meeting held on March 23, 2017 and again at the Public Hearing by City Council on March 28, 2017. To address public concerns, the Resolution Ordering Construction that was approved by City Council included enhancements of the roundabout in excess of AASHTO requirements for larger turning radii and increased green space.

On May 16, 2017, City Council approved Amendment 2 to include the preliminary (design) engineering necessary to integrate into the construction plans the enhancements contained within the Resolution Ordering Construction on Kibby Road. These enhancements will include a larger central roundabout radius and increased green space within the roundabout. These enhancements will require the realignment of the approaches in and out of the roundabout as well as the relocation of the proposed non-motorized mixed-use trail around the roundabout. On January 30, 2018, City Council approved Amendment 3 for 1) preliminary (design) and construction engineering for the extension of sanitary sewer from Cascades Drive south to the City Limits, 2) roundabout construction engineering and 3) additional construction engineering resulting from the extension of the construction schedule from a single construction period in 2017 to two construction periods that bridge 2017 and 2018. The current contract amount as set by Contract Amendment 3 is $201,240.00.

SUMMARY

BUDGETARY CONSIDERATIONS

HISTORY, BACKGROUND and DISCUSSION

Kibby Road Design and Engineering Contract Amendment 4

Page 2

T:\1025_PROFESSIONAL SERVICES CONTRACTS\MSG_2016_Kibby Road Engineering\4_AMENDMENTS\AMENDMENT 4_WALL-LIGHTING\Contract Amendment 4 to Council Kibby MSG report_Dec Wall-Ltg Roundabout.docx

This proposed contract Amendment 4 is for 1) design of lighting modifications at roundabout, 2) design of decorative wall within the new roundabout and 3) minor modifications requested by the City. Details of these services are described in the attached letter from Mannik & Smith Group, Inc. labeled Change Order No. 4 and dated August 13, 2018.

Engineering recommends that Amendment 4 to the Kibby Road Design and Engineering contract with Mannik & Smith Group, Inc. be approved at the not-to-exceed cost of $39,500.00. The work contained within this Contract Amendment will be paid for with Major Street Funds. I also request that the City Manager and City Engineer be authorized to sign the contract documents. ATTACHMENT

DISCUSSION OF THE ISSUE

POSITIONS

CHANGE ORDER TO PROFESSIONAL SERVICES AGREEMENT

Change Order No. 4 Effective Date: August 13, 2018

The Mannik & Smith Group, Inc. (the "CONSUL TANT") agrees to perform for City of Jackson (the "CLIENT"), the Services described below for the Project identified below. The Services shall be performed in accordance with the provisions of the Professional Services Agreement (the "AGREEMENT") dated April 7, 2016 between the CONSULTANT and the CLIENT. This Change Order is incorporated in and a part of the AGREEMENT.

Project: Kibby Road Design, Construction Observation/Engineering, and Survey Layout

Additional/Revised Services: 1. Design of Lighting Modifications at roundabout.

1.1. Prepare plans for the installation of decorative lighting fixtures, wiring diagrams and related work for the installation of eight light fixtures with related control panel and apparatuses.

1.2. Field survey for layout of all new fixtures. 1.3. Construction inspection of the new fixtures.

2. Design of Decorative Wall within the new roundabout. 2.1. Design and plan preparation for the new decorative retaining wall VJithin the roundabout at Kibby and Denton Roads. 2.2. Field survey for the layout of the new wall and restaking of the truck apron due to conflicts with initial staking with this change. 2.3. Construction inspection and coordination of the new wall. Additional services required for expanded scope from original.

3. Minor Modifications requested by City. 3.1. Change to the radius at Glen Drive. 3.2. Installation of water and electric within the roundabout and changes required with the installation of retaining wall 3.3. Changes to entrance drive at the Denton Road parking lot.

Compensation Change: Total Change of $39,500 for services outlined above.

Special Payment Terms (if other than as provided in the AGREEMENT): Per Existing Contract

Start Date: 2·12·2018

Time of Performance (attach schedule if appropriate): As outlined in Original Contract

Special Project Procedures: None

APPROVAL AND ACCEPTANCE

Barry A. Buschmann, P.E. Name Printed Name Printed

Vice PreSldent Title Title

August13, 2018 Date Date

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CITY OF

JACKS= N ======C=ity= M==an=a=ge=r='s=O=ff=ic=e F

0 u n de d 18 2 g 161 W. Michigan Ave. - Jackson, MI 49201

Phone: (517) 788-4035 • Facsimile: (517) 768-5820

MEMO TO: Mayor and City Councilmembers

FROM: Patrick H. Burtch, City Manager

DATE: September 4, 2018

I

SUBJECT: Accept Bid and Approve Expenditures

Recommendation:

Accept the bid from Aladdin Electric for HV AC repairs and upgrades to the Jackson Police Department, and approving the expenditures for FY 18/19 in the amount of $62,950 for the project.

Attached is a memorandum from Director Hitt outlining the needs of the Police Department regarding its aging HVAC system, as well as the proposal submitted by Aladdin Electric.

I recommend approval of the project, including acceptance of the bid submitted by Aladdin Electric, a business in Jackson County. Your consideration and concurrence is appreciated.

PHB

DEPARTMENTAL REPORT

MEMO TO: Patrick Burtch, City Manager

FROM: Elmer J. Hitt, Director of Police and Fire Services qj DATE: September 4, 20I8

RECOMMENDATION: Approve HV AC Project

SUMMARY ·~

In FY I6/I 7, the City of Jackson solicited for and received one bid to upgrade the Heating, Ventilation, and Air Conditioning (HV AC) system at the Jackson Police Department. The lone bid was submitted by Aladdin Electric, in the amount of$I77,700. Two of the four segments of work were completed in FYI 7 /I 8, and the police department requests to move forward with the remaining two segments in FYI 8/19 .

. ,

BUDGETARY CONSIDERATIONS .

Aladdin Electric's original bid quoted a total cost of $60,950 for the remaining two segments (items #2 and 4 on the attached bid). Aladdin Electric has recently explained an increase to the original quote of $2,000 is required due to additional crane work necessary due to the work being completed in two phases, and cost increases from the manufacturer due to the original quote being prepared in FYI 6/I 7. The updated quote for the final two segments of the job is $62,950. The Jackson Police Department anticipated this increase, and budgeted $63,000 in FYI8/I9.

I -

HISTORY, BACKGROUND and DISCUSSION , .:

The HV AC system at the Jackson Police Department is old. The City's 5-year Capital Improvement Plan included upgrades t6 the. HV AC system in FY I 5/16 and FY I 6/I 7, however funds were not available at either time to make the necessary upgrades and repairs.

DISCUSSION OF THE ISSUE : , ''.'ii

Aladdin Electric has agreed to honor their original bid, with only a minor increase.

POSITION ,

I recommend accepting the original bid and approving the expenditure for the HV AC upgrade project.

ATTACHMENTS

~=~lad din -ELEC T RICA L • PLUMBING • HEATING + COOLING

Proposal Proposal No Date 1939 8/14/2018

Customer

JACKSON CITY POLICE DEPT. 216 E. Washington Avenue

Jackson, MI 49201 Chad Edwards Phone: (517) 788-4100 Cell: Fax: ( ) -Email: cedwards@cityofjackson.org I

' Work Reauested

4809 JAMES McDIVITT JACKSON, MICHIGAN 49201 P: 5 17.750.9955 F: 517.750.4922 ALADDINJACKSON.COM

Salesperson JESSE SANDERS

Work to be Performed at

Additional costs for the 1st floor East HVAC Replacement. This cost increase reflects the additional crane work due to the job being split into 2 stages and the price increases passed on to us by the manufacturer.

Total: 2,000.ool

Acceptance of Proposal The above price is satisfactory and hereby accepted. Work is authorized to begin as specified.

Authorized Signature: Date: _____ _

Billings will be monthly with terms, NET. This proposal may be withdrawn if not accepted within 30 days. This proposal is subject to our General Terms and Conditions for Services. Please contact our office for a copy.

,,

TO:

,,

City Manager c/o Purchasing Agent City of Jackson, Michigan

PROPOSAL

Date: 04-04-17 ~---------

In compliance with your invitation for bids dated ____ 0_3_-2_1_-_1_7 _______ _

to perform HVAC Replacement

in the City of Jackson, the undersigned, a(n)

, 1. individual, resident of ____________________ _

doing business as

at

2. partnership, consisting of

and

under the firm name of

3. corporation by the name of __ A_la_d_d_in_E_l_e_ct_n_·c_l_nc_. _________ _

organized and existing under the laws of the State of _M_i_ch_i_ga_n ______ _

with offices at 4809 James McDivitt Jackson, Ml 49201

(strike inapplicable clauses)

hereby proposes to perform said work, strictly as specified in the bid documents at the prices set forth on the attached schedule of bid prices, upon receipt of written notice of acceptance of this bid within sixty (60) calendar days after opening of the bids at the time stated in said Invitation; to execute a properly completed contract in the form provided with the bid documents in accordance with this bid; to give bond with good and sufficient surety or sureties, satisfactory to the City Attorney of Jackson, for the faithful performance of said contract, for payment of labor and materials, and, if required, for maintenance of work; and to give such bond within ten (10) days after notice of award.

FEDERAL ID# 38-3016059 ---------(Corporate Seal, if applicable) . Name of Bidder: --------------Aladdin Electric Inc.

Signed By:___.!0::.......,,-=;t.~dJl~~::::========:__---lts: ~cal Services Manager -------------------

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,,

11 BID SHEET

DATE: 04-04-17 PROPOSAL FOR: Jackson Police Department HVAC Replacement

TO: The Mayor and the City Council City of Jackson, Michigan

Ladies and Gentlemen:

The Undersigned has examined the plans, specifications, and the location of the above desGribed work, and is fully informed as to the conditions relating to its performance, and understands the quantities shown in the estimate and on the plans are accurate to the best belief and knowledge of the Engineer, but are not guaranteed.

The undersigned hereby proposes to furnish all equipment, materials, supplies, labor, and services necessary to commence and complete the project as described in the Contract Documents; and in strict conformity with the requirements of the Specifications and such other special provisions and supplemental specifications as may be a part of this proposal for the above described project at the following unit prices all labor, equipment and materials necessary for completion of the work, but not specifically listed as a pay item, will be deemed to be included in one or more of the pay items listed in the bid sheet.

Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged (list addenda by Addendum Number and Date):

Addendum No. Date

None Given

SCHEDULE OF BID PRICES NOTE: UNIT PRICES MUST ae LISTED AND SHALL GOVERN.

ITEM TOTAL COST NO DESCRIPTION

1 Basement and First Floor West $61,750.0 I

2 First Floor East $54,350.00

3 Second Floor $55,000.00

4 Radio Room $6,600.00

TOTAL $ $177,700.00

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11

'I

TOTAL BID WRITTEN OUT: One Hundred Seventy Seven Thousand, Seven Hundred Dollars.

Bidders Name:

Aladdin Electric Inc.

Address:

4809 James McDivitt

City, State, Zip:

Jackson, Ml 49201

Telephone:

517-750-9955

Fax:

517-750-4922

Email Address:

info@aladdinjackson.com

Federal ID Number: 38-3016059

Bid Signed By: I Print or Type Jesse A. Sanders

Title: Mechanical Services Manager

1. I am the person described in and who executed the foregoing bid and that the several matters stated are in all respects true .

. I

2. That I am an employee of the firm or company described in and I am authorized to submit said bid.

Mechanical Services Manager

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11 CONTRACT COMPLIANCE

DATE: March 21, 2017

TO: All Bidders

FROM: City of Jackson

SUBJECT: CONTRACT COMPLIANCE

The Commission of the City of Jackson, on 12/19/72, passed a resolution committing the City to a policy

1 and procedure regarding compliance to affirmative hiring practices

by contracting agencies doing business with the City of Jackson, effective 12/20172.

The purpose of the policy and procedure is to ensure that all citizens of our community have the opportunity for the equality of treatment in service and employment.

The City requests that all bidders who will, be doing business with the City in the amount of $5,000 or more during any fiscal year, shall comply with the provisions of the Contract Compliance Policy.

Bidders will be required to show an Equal Employment Opportunity Certificate of Compliance or demonstrate compliance with standards for equal employment opportunity established by state and federal statute.

City Council of Jackson, Michigan

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II

11 CONTRACT COMPLIANCE

CERTIFICATION

Aladdin Electric Inc. certifies that he/she/it will not discriminate against any employee or applicant for employment with respect to hire, tenure, term, conditions, or privileges or employment because race, religion or national origin, color, age, sex, height, weight, marital status, sexual orientation, gender identity, and physical or mental handicap.

In connection with this commitment Aladdin Electric Inc. understands that he/she/it name will be reviewed by the State of Michigan, Department of Civil Rights for determination of its status as an awardable Bidder.

\

The undersigned hereby agrees that he/she/it will abide by the terms of any agreements made with the City of Jackson in order to achieve awardable status.

04-04-17 By: Aladdin Electric Inc. (Company)

By:J¢iAf'~ '[' » (Manager)

4809 James McDivitt Address

Jackson City

Ml State ·

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11

NON-DISCRIMINATION CLAUSE FOR ALL CITY OF JACKSON CONTRACTS

In connection with the performance of this contract, the contractor agrees as follows: I

1. The contractor will not discriminate against any employee/employer for employment because of race, religion or national origin, color, age, sex, height, weight, marital status, sexual orientation, gender identity, and physical or mental handicap. The contractor will take affirmative action to ensure that minority applicants are employed, and that employees are treated during employment without regard to their race, religion, color, national origin, age, sex, height, weight, marital status or handicap. Such action shall include, but not be limited to, .the following: layoff or termination, rates of pay or other forms of compensation, selection for training, upgrading or promotion, transfer or recruitment.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, age, sex, height, weight, marital status or handicap. As a disclaimer, the contractor may state in the advertisement that he/she is an equal opportunity employer.

3. The contractor will furnish and ,file compliance reports with the City of Jackson as requested. Such reports shall elicit information as to the practices, policies, program and employment statistics for the contractor and said contractor shall permit access to all books, records and accounts regarding employment practices by agents and representatives of the City duly charged with investigative duties to assure compliance with this clause.

4. Breach of the covenants herein may be regarded as a material breach of the contract, or purchasing agreement.

5. The contractor will include, or incorporate by reference, the provisions of paragraphs (1) through (4) in every subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights Commission and will provide in every subcontract or purchase order that said provisions will be binding upon each subcontractor or seller.

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11 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION

The undersigned understands and agrees that, as a Contractor for services, there shall be no discrimination against any employee or applicant for employment because of race, religion or national origin, color, age, sex, height, weight, marital status, sexual orientation, gender identity, and physical or mental handicap, including but no lim,ited to employment, upgrading, demotion, or transfer; recruitment or recruitment• advertising; layoff or termination; rates of pay or other forms of compensation and selection for training.

The Contractor further agrees to the following:

(a) It will assist and actively cooperate with the City in obtaining compliance of any subcontractors with the equal opportunity rules, regulations, and relevant orders.

(2) It will furnish the City such information as might be required for the supervision of its compliance program, and will otherwise assist the City in the discharge of its responsibility for ensuring compliance.

(3) In the event that the Contractor fails or refuses to comply with the equal opportunity regulations, the City may cause to be canceled, terminated, or suspended in whole or in part the contractual arrangement between the City and the Contractor.

NAME OF BIDDER: Aladdin Electric Inc.

ADDRESS: 4809 James McDivitt

Jackson, Ml 49201

SIGNED BY:

TITLE: Mechanical Services Manager

DATE: 04-04-17

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11

,, CERTIFICATION OF NONSEGREGATED FACILITIES

The bidder certifies that he does not maintain or provide for his employees any segregated facilities and do not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this bid. As used in this certification, the term 11segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dre~sing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, ' local custom, or otherwise. The bidder agrees that (except where he has obtained identical certification from proposed subcontractors · for specific time periods) he will obtain identical certification from proposed subcontractors prior to the award of subcontracts exceeding $10, 000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files.

Dated: ~~~~~~~~~~~~~

04-04-17 By: Aladdin Electric Inc. (Name of Bidder)

By: ?__,)Z__,__ (T

(Manager)

4809 James McDivitt Address

Jackson City

Ml State

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II

II NON-COLLUSION AFFIDAVIT ()F PRIME BIDDER STATE OF Michigan )

SS

COUNTY OF __ _...Ja ...... c"-k_so_n ___ __,)

_____ J.;_e;._;:s_..;.s_e_A_. _S_a_nd_e_r_s ____ , being first duly sworn, deposed and says that:

1. He is Mechanical Services Manager of, Aladdin Electric Inc. the Bidder that has submitted the attached bid;

2. He is fitilly informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respected such bid;

3. Such bid is genuine and is not a collusive or sham bid;

4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham bid in connection with the contract for which the attached bid has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached bid or of any other Bidder, or to fix aryy overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Jackson or any person interested in the proposed contract; and

5. The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

Dated: 04-04-17 By: Aladdin Electric Inc. ------------~ (Company)

By: fiif.cJ4= =- (Manager)

I

Subscribed and sworn to before me, a Notary Public, this 4th day of April

20 17 :/:?,.,,, # ~-

Notary Public, ..:?A<1• .r,_, County, My commission expires: I?/ .:1<-11.:io 1 '8

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11

II SECTION C

Subcontractors

Each bidder shall indicate below the name, address, and a complete description of work to be performed by each subcontractor on this project and if they are a minority or woman owned business.

1. Demolition and Concrete Work - Cunningham Construction Co.

Po Box 1073 Jackson Ml 49204

2. Hvac Controls Work- Vertex Integration L.L.C.

2425 40th Avenue Hudsonville, Ml 49426

3. Sheet Metal Work- Applegate Heating Inc.

485 E. South St. Jackson Ml 49203

4. Asbestos Removal Work- ALAM Inc.

2502 Precision St. Jackson Ml 49202

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11

II RIGHT TO KNOW

CONTRACTOR RELEASE FORM

I, Jesse A. Sanders an authorized representative of Aladdin Electric Inc. am aware that as a requirement to perform work for the City of Jackson on a contractual basis, I must have provided my employees with the basic training requirements of the HAZARD COMMUNICATION STANDARD as prescribed by the Michigan Right to Know amendments to Act 154 of the Public Acts of 1974 (Act 80, Public Acts 1986), prior to starting any work for the City. While engaged in working for the City, I will continue to comply with Michigan Right to Know Law until completion of the contract.

I am aware that if I bring any hazardous chemical to the City's work place, I must have available the MSDS for these chemicals, in a place accessible to all employees in the work place. If necessary, due to the "special protection information" requirement stated on the MSDS for the chemicals, I will provide all employees with any special training, special protective clothing or equipment necessary to eliminate or lessen the possible exposure to the hazardous chemical or chemicals.

By execution of this Release, the contractor acknowledges that he and all subcontractors and suppliers, will comply with all requirements of the HAZARD COMMUNICATION STANDARD. Further, the contractor shall hold harmless from and indemnify the City against all claims, suits, actions, costs, counsel fees, expenses, damages, judgements or decrees, by reason of his failure, or the failure of any subcontractor, suppliers, or any person employed under said contractor to comply with the requirements of Act 154 of the Public Acts of 197 4 as amended.

Dated ___ _.;.0_4-_0_4_-1_7 ___ _

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II

Name

Telephone Jesse A. Sanders

City of Jackson Ethics Disclosure Form

Vendors and Contractors

Company Aladdin Electric Inc.

Email Address 517-750-9955

Contract or matter pending with the City:

Jackson Police Department Hvac Replacement Project

I, __ J_e_s_s_e_A_._S_a_nd_e_rs __ , being duly sworn, and pursuant to City of Jackson Ordinance No. 2015-18, I

hereby disclose and swear to the following (check all that apply and provide details below):

D I. or my company's owners, members, major shareholders, or corporate officers, have a financial interest in

a contract or matter pending before Jackson City Council.

D A relative1 or immediate family membe? of myself or my company's owners, members, major

shareholders, or corporate officers has a financial interest iit a contract or matter pending before a City office,

department, board, or commission.

D I, or my company's owners, members, major shareholders, or corporate officers, have an interest in real or

personal property that is su~ject to a decision by the City regarding the purchase, sale, lease, zoning, property

improvcm~nts, NOORPR or FV A registration, a development agreement, or a special tax designation or

abatement.

Property address: -----------------------------

Property interest: ____________________________ _

I

D An immediate family member or relative of myself or my company's owners, members, major

2

shareholders, or corporate officers, has a financial interest in real or personal property that is subject to a

Relattve means any siiouse, domestic partner, great grandparents, step great grandparents, grandparents, step grandparents, sons, stepsons, daughters, step

daughters, grandsons, step grandsons, granddaughters, stl!p granddaughters, brothers, step brothers, sisters, step slstl!rs, and In-laws of a Public EmplOye!!, the Mayoc, iY1

Elected Oflldal, an Awolnted Offldal, a member of a Board oc Commlssloo, a Contractor, oc on Advisor or the Oty.

Immediate family member means a Public Employee, the Mayor, an Elected Official, an Appointed Official, a member of a Board or Commission, a Contractor, or an Advisor's spouse, domestic partner, individual who lives in the Public Employee's household or an individual claimed by a Public Employee or a Public Employee's spouse as a dependent under the United States Internal Revenue Code at 26 USC 1, et seq.

P 12of13

decision by the City regarding the purchase, sale, lease, zoning, property improvements, NOORPR or FV A

registration, a development agreement, or a special la'\ designation or abatement.

Property address: -----------------------------

Property interest: ____________________________ _

0 An immediate family member or relative of myself or my company's owners, members, major

shareholders, or corporate officers, is employed by the City or making an application for employment to the

. City.

Relative name: -----------------------------

City Department: --------------'-----------------

D I, or my company's owners, members, major shareholders, or corporate officers, have made campaign

contributions in the last year to a candidate running for elective office with the City.

Name of Candidate:

Amount of Campaign Contribution:

The following entities and persons have a financial interest in the contract or matter identified above:

I

Additional infonnation regarding any of the above:

~ None of the above apply.

Dated: 04-04-17 '- -<

ST ATE OF MICHIGAN ) ) SS

COUNTY OF JACKSON ) I

4 dayof _____ o_ .. /_ ,20£]_,

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~SAIA Document A310™ - 2010 Bid Bond

CONTRACTOR: (ll/ame, legal status and address) ALADDIN ELECTRIC, INC. 4809 James A. McDivitl Jackson, Ml 49201

OWNER: (Name, legal status and address) ,CITY OF JACKSON, MICHIGAN

161 West Michigan Avenue, Jackson, Ml 49201 ·

BOND AMOUNT: Five percent of amount bid. (5% of Amounl Bid)

PROJECT:

SURETY: (Name, legal status and principal place ofbusines!>) HUDSON INSURANCE COMPANY 100 William Slreel 5th Floor New York, NY 10038

This document has important legal consequences. Consultation with

an attorney Is encouraged with respect to its completion or

modification.

Any singular reference to

Contractor, Surety. Owner or other party shall be considered

plural where applicable.

(Name, location or address, ancl Project number, if an.v) Jackson Police Deparlment HVAC Replacement Project Number, if any:

The Conlmctor nnd Surety arc bound to the Owner in the amount set forth above. for tl1e payment of which the Contractor and Surety bind themselves, tl1cir heirs, executors, administmlors, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond arc such tlmt if tl1e Owner accepts the bid of the Conuactor witl1in the time specified in tl1e bid documents, or within such time period as may be agreed 10 by tl1e Owner nnd Contractor, and the Contmctor citller ( 1) enters into a contrnct witl1 the Owner in accordance with the tcnns of such bid, and gives such bond or bonds as may be specified in' the bidding or;Contracl Documents, with a surety admilted in the jurisdiction of t11e Project and otl1envise acceptable to the Owner, for the faithful pcrfonnance of such Contract and for t11e prompt payment of labor and material furnished in the prosecution thereof: or (2) pays to the Owner the difference, not to c.xcecd tl1e amount of this Bond, between the amount specified in said bid and such huger amount for which the Owner mny in good faitl1 contrnct witlt another party to pcrfonn tl1c work covered by said bid_. tl1en this obligation shnll be null nnd void, otl1crwisc to remain in full force and cITccl. The Surety hereby waives any notice of an agreement between the Owner and Commctor to c.x1end the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any e~1cnsion e.\:ceeding sixty (60) days in tJic aggregate besond tl1e time for acccplance of bids specified in the bid documents, and the Owner am! Contractor shall obtain the Surely 's co11sc111 for an extension beyond si:\1y (60) days

If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in Ill.is Bond shall be deemed to be Subcontractor and the temL Owner shall be deemed to be Contractor.

' When this Bond has been furnished lo comply with a statutory or other legal requirement in the location of the Project. any provision in tl1is Bond connicting with said statutory or legal requirement shall be deemed deleted hercfrom and provisions conforming to such statutory or oilier legnl requirement shall be deemed incorporated herein. When so fumished, the intent is that tltis Bond shall be construed as a statutory bond and not as a common law bond.

Sign day of April, 2017

(Seal)

(Sea/)

Trudy A. Szalewski , Allorney in Facl

AJA Document A310"" - 2010. Copyright <!:I 1963, 1970 and 2010 by The American lns!llule of ArchHecis. All rights reserved.

HUDSON ! '\I JJ{.\:-.!( I t ,l(l Jl l I' '•

BID BOND POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS: Thal HUDSON INSURANCE COMPANY, a corporation of the Stale of Delaware, with ofliecs at JOO William Street, New York, New York, 10038, has mude, constituted and appointed, nnd by these presents, docs make, constitute and appoint

Trudy A. S2.11lewski, Brian L. Krause of the State or Wisconsin

its true and lawlul Attomcy(s)·in·Fnct. at New York City in the Stoic of New York, each of them alone to hove full power to net without the other or others. tn make. cxccute und deliver on iLs behalf. ns Surety, bid bonds for any nnd oil purposes.

Such bid bunds, when duly executed by snid At1orncy{s)-in-Fnct, shall be binding upon said Company as fully and to the same extent ns

if signed by the President of said Company under its corporate seal attested by its Secretory .

.... })~ ~- .. ··~· orporatc Sccrcl.llry

llUOSON INSURANCE COM PAN\'

n~~~ ...... Chri1loph~rT. Suarez, Executive Vici:-t>rcsident

STATE OF NEW YORK COUNTY OF NEW YORK SS

On the J!!h_ day of April , 20 1_4_ _ before me personally cnme Christopher T. Suare:i: to me known, who being by me duly sworn did depose and say thnt he 1s en Exccuuve Vice President of llUDSON INSUH.ANCE COMrANY. the Company described herein and which executed the above instrumcn1, 1hat he knows the seal of said Company, that the se11l uffixed to snid instrument ~· s the c orate !ital of said Company, that it WllS so affixed by order of the Board of Directors of said Companlf und that he signed his name thereto by like order.

~''''''" "''''''" ~~~~\,\MURP,1fy:f1~~- ..... .. .. .. ... .. .. . . ~ 'l"'~~·'SSION.C':.°• ·~ ANN M. MURPllY

(Notarial Seal) ~ •• ··~, fO, '"f.iO~•.. ~ ~otary Public, S!ntc of $ :::... ~flh~ ~ l\o. ~IM~6D67553 := i ::ir : * ~ Quall lied m Nassau County i * : f{)\~ fa:: Commission Expires December JO. 2017

\~·· ... ~u~~./"7 CERTIFICATION STATE OF NEW YORK~~~~~~ COUNTY OF NEW YORK ".111111,hllfti~\\\\\\~

The undersigned Dinn Dnsh.alMkls hereby certifies:

THAT the original resolution, of which the following is o true and co~ct copy, Wa5 duly adopted by unanimous written coment of the Donrd of Directors or I Judson Insurance Company dated July 21"', 2007, and has not since been revoked, amended or modified;

"RESOLVED. that the President, the Executive Vice Presidents, the Senior Vice Presidents and the Vice Prcsidcnl.5 shall have the authority and discretion. to appoint such agent or ogcnts, or 11Uomcy or attomcys·in·focl, for the purpose of carrying on this Company's surety business, nnd to cmpo1,•1cr such agent or &f!ent5. or attorney or ottomcys-in·fuct, to execute and deliver. under this Company's 'col or otherwise, bonds obligations, and recognizances, whether made by this Company as surety thereon or olherwise. indemnity conlrnct5, contract~ and ccrti/icatcs, and any and all other contracts and undenaking mode in the course of this Company's surety bu.>incss, and renewals, extcnsions, ngrccmcnts, waivers, consents or st ipulations regarding undertakings :so mndc; and

FURTllER RESOVl.ED, lhnl Jhc signature of any such Officer of the Company and the Company'' ~cal may be affixed by focsimilc to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contrucl of im.lcmnity ur other written obligation 111 Lhc nntUJc thereof or rclnt~'<i thereto, such signn1ure and seal when so used whether heretofore or hercaRcr, being hereby adopted by the Company 01.~ the original signature of such officer and the original seal of the Company, lo be •mlid and binding upon the Company with the same force nnd clTcct ns though manually aOixcd."

ess Lhe hand of1hc undersigned nnd the seal ofsaid Company this_~-­)

By

Fonn Bid B 2010 (vi)

t:\2018 projects\downtown district street sign modernization\2_design & precon\letting\recommendation of award downtown dist st sign mod manager cover memo.docx  

 

 

MEMO TO: Mayor and City Councilmembers FROM: Patrick H. Burtch, City Manager DATE: September 4, 2018 SUBJECT: Contract Award for Downtown District Street Sign Modernization Project Recommendation:

Approval of an award of the contract for the Downtown District Street Sign Modernization project to J. Ranck Electric, Inc. of Mt. Pleasant, Michigan at a cost of $198,660.31, and authorization for the Mayor and City Clerk to execute the appropriate document(s) in accordance with the Purchasing Agent.

Attached is a report from Jon Dowling, City Engineer. The Engineer’s estimate for this project was $246,075.00. I recommend approval of the award. Your consideration and concurrence is appreciated. PHB

T:\2018 projects\Downtown District Street Sign Modernization\2_DESIGN & PRECON\LETTING\recommendation of award to council Downtown Dist Street Sign Mod.docx

DEPARTMENTAL REPORT

MEMO TO: Patrick Burtch, City Manager FROM: Jon H. Dowling, P.E., City Engineer DATE: September 4, 2018 RECOMMENDATION: Approval of an award of the contract for the Downtown District Street Sign Modernization project to J. Ranck Electric, Inc. of Mt. Pleasant, Michigan at a cost of $198,660.31, and authorization for the Mayor and City Clerk to execute the appropriate document(s) in accordance with the Purchasing Agent. On August 22, 2018 bids were opened in the Purchasing Department for the contract for the Downtown District Street Sign Modernization project. The project consists of the removal and replacement of approximately 550 signs in the downtown area.

The Engineer’s estimate for this project was $246,075.00. Bids were as follows:

Company Bid J. Ranck Electric, Inc., Mt. Pleasant, MI $198,660.31

This project will be paid out of Major Street Construction and Auto Parking System funds. The signage in the downtown has been placed over many years with different standards over that period. The signs on Michigan Avenue were upgraded to the current standards from the Michigan Manual of Uniform Traffic Control Devices (MMUTCD) in 2015. Signs on the remaining downtown streets do not meet the current MMUTCD standards.

Engineering proposes to remove and replace approximately 550 signs in the downtown area to current MMUTCD standards. J. Ranck Electric, Inc. is prequalified with the Michigan Department of Transportation for sign installation. Records show that other prequalified contractors obtained bid documents but only one chose to submit a bid. In concurrence with the Purchasing Agent, it is the recommendation of Engineering that the Downtown District Street Sign Modernization project contract be awarded to J. Ranck Electric, Inc. of Mt. Pleasant, Michigan at a cost of $198,660.31. We also request that the Mayor and City Clerk be authorized to execute the appropriate documents. JHD/ss

SUMMARY

BUDGETARY CONSIDERATIONS

HISTORY, BACKGROUND and DISCUSSION

DISCUSSION OF THE ISSUE

POSITIONS

jA C KS Ct, N -------C_i_ty_ A_ tt_or_n_ey_'_s_o_rfi_•c_e 161 W. Michigan Ave.• Jackson, MI 49201

F 0 u n d e d 18 2 9 Phone: ( 517) 788-4050, (517) 788-4023 • Facsimile: (866) 971-2117

MElVIOTO:

FROM:

DATE:

SUBJECT:

Honorable Mayor and City Councilmembers

Bethany M. Smith, City Attorn@

Council Meeting - September 4, 2018

Filing of a Concurrence in the Great Lakes Water Authority's Request for a Declatory Ruling Regarding the MDEQ's Lead and Copper Rule

Recommendation: Approve the Filing of a Concurrence in the Great Lakes Water Authority's Request for a Declatory Ruling Regarding the MDEQ's Lead and Copper Rule and Authorize the City Attorney to Sign the Necessary Documents and Take All Other Actions Necessary in Regards to the Concurrence.

Your consideration and concwTence is appreciated.

DEPARTMENT REPORT

MEMO TO: Honorable Mayor and City Councilmembers

FROM: Bethany M. Smith, City Altome~ DATE: Council Meeting- September 4, 2018

RECOMMENDATION: Approve the Filing of a Concurrence in the Great Lakes Water Authority's Request for a Declatory Ruling Regarding the MDEQ's Lead and Copper Rule and Auth01ize the City Attorney to Sign the Necessary Documents and Take All Other Actions Necessary in Regards to the Concurrence.

SUMMARY

The Great Lakes Water Authority, the Detroit Water and Sewerage Department and the Oakland County Water Resources Commissioner have filed a request for a declatory ruling with the Michigan Department of Environmental Quality asking for the MDEQ to rule that the Lead and Copper Rule exceeds the statutory and constitutional authority of the MDEQ and also conflicts with the Michigan Constitution in several respects. The Jackson City Council has been asked to file a Concurrence form in this action.

HISTORY. HACKGROCND and DISClfSSION

On June l41h, the State of Michigan imposed new regulations concerning lead and copper water service

lines. These changes are large and enormously expensive. A materials inventory must be made of all lead service lines. One year after the inventory is complete, lead service lines must be replaced annually with a minimum of 5% of the existing lead service lines being replaced. All lead service lines must be replaced within 20 years. A service line is now defined to include a direct connection from a water distribution system water main to a living unit. This includes the piping at the first shut off valve inside the building or 28 inches inside the building. The section of the service line that is owned by the property owner (and has historically been the responsibility of the property owner) must now be replaced at the full expense of all City taxpayers.

In addition, the lead action level (amount of lead considered acceptable in water) has been decreased as well from 15 ppb to 12 ppb. This should not be a problem as the City has never exceeded the lead action level in recent times. There are numerous other smaller impact regulations.

On August 131h, a Request for a Declatory Ruling was filed with the MDEQ asking the MDEQ to

reconsider its own regulations. In particular, the request seeks a ruling that the Lead and Copper Rules (LCRs) exceed the MDEQ's authority under the Michigan Safe Drinking Water Act, that the LCRs are arbitrary, capricious and were not made under a complete record and were without legal support. The Request further asks that the MDEQ discontinue implementation of the LCRs until a proper analysis of the LCRs can be conducted.

This Request for a Declatory Ruling was filed by the following parties:

1. The Great Lakes Water Authority (a supplier of water to 127 governmental entities in Southeast Michigan,

2. The Detroit Water and Sewerage Department, and 3. The Oakland County Water Resources Commissioner.

These parties have requested that the City of Jackson file a Concurrence in this matter. Filing of a Concurrence is a simple matter that involves the filing of a one page form which effectively states that the City of Jackson agrees with the position of the parties requesting the Declatory Ruling. I have attached a copy of the Request and accompanying Brief for your review. lt is a very well written document which explains the issues and challenges of the implementation of the LCRs and the need for immediate changes. Also attached is copy of the Concurrence with Petitioner's Request for Declatory Ruling that I requesting permission to sign and submit on behalf of the City.

The LCRs will have a major financial impact on the City of Jackson. It is in the best interest of the City of Jackson and its residents to assist these patties in getting changes made to the LCRs. The changes have a detrimental financial impact on the City and in reality will not solve the problem of high lead level in children in Jackson as virtually all high lead levels are the result of lead based paint and not the City's water.

POSITION

ATTACHMENTS: Concurrence with Petitioners' Request for Declatory Ruling form

lv!DEQ Request.for Declatory Ruling with Brief in Support filed by the GLW A, Detroit and Oakland County.

CONCURRENCE WITH PETITIONERS' REQUEST FOR DECLARATORY RULING

Re: MDEQ's Lead and Copper Rules

NAME OF GOVERNMENTAL ENTITY City of Jackson

CITY Jackson

E-MAIL ADDRESS bsmith@cityofjackson .org

STREET ADDRESS 161 W. Mfchigan Avenue

STATE I ZIP CODE Ml 49201 I TELEPHONE NO.

fS 17 ~68 4QSO

On fune 14, 2018, the MDEQ filed the MDEQ Lead and Copper Rules ("LCRs") with the Secretary of State. On August 13, 2018, the Great Lakes Water Authority, Detroit Water and Sewerage Department and the Oakland County Water Resource Commissioner (the "Petitioners'') timely filed their Request for Declaratory Ruling, pursuant to 2003 MR 2, R 324.81. The Petitioners challenged the validity of the LCRs, asserting that the LCRs exceed the scope of the MDEQ's authority under state law and are arbitrary and capricious. The above stated governmental entity has reviewed the Petitioners' Request for Declaratory Relief and incorporates it by reference and concurs in its Relief Requested.

Indicate below whether the r equest relates to a Statute, Administrative Rule, or an Order administered by the Department.

0 Part of the Natural Resources and Environmental Protection Act. 1994 PA 451, as amended, MCL 324.101 et seq.

0 Part of the Public Health Code, 1978 PA 368, as amended, MCL 333.1101 et seq.

0 Other statute:

IZl Administrative Rule, R 325.10102-.11606 Title: Supplying Water to the Public (Lead and Copper Rules)

0 Order No. ; Title

Please state the specific question or request to be addressed: The above stated governmental entity concurs in the Petitioners' request that: (1) the MDEQ issue a declaratory ruling fi nding that key provisions of the LCRs exceed the MDEQ's authority under the Michigan Safe Drinking Water Act ("MSDWAv), and are arbitrary and capricious, and (2) the MDEQ issue a declaratory ruling finding that the rulemaking record for the LCRs, Regulatory Impact Statement and Cost Benefit Analysis are incomplete, deficient and fail to provide the necessary legal support and foundation for the LCRs.

Please state the actual uncontested facts, including your status as an interested person or your standing to request a declaratory ruling: Like the Petitioners, the above stated governmental entity is a supplier of water, as defined under the MSDWA, and thus has a direct interest in the scope and applicability of the LC Rs and has standing to challenge the validity of the LCRs. As described in the Petitioners' Request for Declaratory Ruling, the LCRs impose a myriad of new and additional regulatory, technical and cost burdens on suppliers of water. As such, the above stated governmental entity incorporates by reference the statements and allegations made in the Request for Declaratory Relief. Further, the above stated governmental entity concurs in the Petitioners' Relief Requested in the Request for Declaratory Ruling.

TITLE IF SIGNING FOR THE GOVERNMENTAL ENTITY City Attorney

SIGNATURE

- - -NAME OF GOVERNMENTAL ENTITY

City of Jackson

DATE

Submit this Concurrence with Pet1t1oners Request tor ueclaratory Ruling an<l attacnments to: EXECUTIVE DIVISION DEPARTMENT OF ENVIRONMENTAL QUALITY 525 WEST ALLEGAN STREET LANSING, MI 48933

FoWlded in 1852 by Sidney Davy Miller

STEVEN E. CHESTER TEL (517} 483-4933 FAX (517) 374-6304 E-MAIL chester@millercanficJd.com

VIA HAND DELIVERY

Ms. Heidi Grether Director Executive Division

LLER IELD

Miller, Canfield, Paddock and Stone, P.L.c. One Michigan Avenue, Suite 900

Lansing, Michigan 48933 TEL (517) 487-2070 FAX (517) 374-6304

www.millercanfleld.com

August 13, 2018

Department of Environmental Quality 525 W. Allegan St. Lansing, MI 48933

Re: Request for Declaratory Ruling

Dear Director Grether:

MICHIGAN: Ann Arbor Detroit • Grand Rapids

Kalamazoo • Lansing • Troy

FLORIDA: Tampa ILLINOJS: Chicago

NBW YORK: New York muo: Cleveland

CANADA: Windsor CHINA: Shanghai

MEXICO: Monterrey POLAND: Gdynia

Warsaw • Wroclaw

Enclosed for filing is a Request for Declaratory Ruling on behalf of Great Lakes Water Authority, Detroit Water and Sewerage Department, and Jim Nash in his capacity as Oakland County Water Resources Commissioner and as County Agent for the County of Oakland.

Please feel free to contact me if you have any questions regarding this letter or the enclosed Request.

Very truly yours,

Miller, Canfield, Paddock and Stone, P .L.C.

By: sA~ at;: Steven E. Chester

SEC

ccw/enc: ALJ Daniel L. Pulter (via hand delivery) Attorney General Bill Schuette (via hand delivery)

DE€! MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY

REQUEST FOR DECLARATORY RULJNG*

The procedural authority for a declaratory ruling is the Michigan Administrative Procedures Act, 1969 PA 306, as amended; MCL 24.201 et seq.

Information requested on this form may be provided in an alternative, written format or additional pages may be attached.

NAME STREET ADDRESS

For list o f Petitioners, see Attachment See Atta chment

CITY STATE ~ZIP CODE I TELEPHONE NO. See Attachment Ml ttac hment Attachment

E-MAIL ADDRESS See Attachment

We (the above) request a declaratory ruling pursuant to 2003 MR 2, R 324.81 in regards to the MDEQ Lead and Copper Rules ("LCR' ), which were filed with the Secretary of State on June 14, 2018 .. Petitioners challenge the validity of the LCR asserting that the rules exceed the scope of the MDEQ's authority under state law and are arbitrary and capricious.

Indicate below whether the request relates to a Statute, Administrative Rule, or an Order administered by the Department.

0 Part of the Natural Resources and Environmental Protection Act, 1994 PA 451 , as amended, MCL 324.101 et seq.

0 Part of the Public Health Code, 1978 PA 368, as amended, MCL 333.1101 et seq.

0 Other statute:

k( Administrative Rule, R 325.10102 - .11606 Title: Supplying W ater to the Public (Lead and Copper Rules)

0 Order No. ; Title

Please state the speci fic question or request to be address ed: We are requeting that the MDEQ issue a declaratory rul ing finding that key provisions of the LCR exceed the MDEQ's authority under the Michigan Safe Drinking Water Act ("MSDWA"), and are arbitrary and capriclous We also request that the MDEQ issue a declaratory ruling finding that the rulemaking record for the LCR, including the Regulatory Impact Statement and Cost Benefit Analysis ("RJS"). is incomplete, deficient, and fails to provide the necessary legal support and foundation for the rules.

Please state the aciual uncontested facts, Including your status as an interested person or your standing to request a declaratory ruling: Petitioners are suppliers of water as defined under the MSDWA and thus have a direct interest in the scope and applicability of the LCR. As described In the Attachment, the rules impose myriad new and additional regulatory, technical and cost burdens on Petitioners. As such , Petitioners have standing to challenge the validity of the LCR. For the factual Background, see the Attachment.

'. . ; · f:v;i:ri t"'it•tr.~n':'· ~~"n -; .. ~.~"= . . ri:~~·,~ri>-i1;&.:-•• ~;~:;-; .,,.fr. .. ,~~:;~.) ::.+..:~~~1':1 ;.;H~;-;·\{i' · •,.

: ! .

'-• ... - ..!' ( .. _t.,., .. v .+ j'" ·'" ... • ·-:' - ,.. .. ~_..... ' ~- \.!', • • •• ·'·- ... ... ... - • - ' ... . TITLE IF SIGNING FOR ORGANIZATION ORGANIZATION Attorneys for Petitioners Miller, Canfield, Paddock and Stone, PLC.

SIGNATURE~~ rJl~ ~ ;) DATE

. V. ~ __.... , ·.A /' i1.'Jt- August 13, 2018

•Requests regarding enforcement Issues are not a proper subject for a Declaratory Rullng: 2003 MR 2, R 324.81 (1 ).

Submit this Request and attachments to: EXECUTIVE DIVISION DEPARTMENT OF ENVIRONMENTAL QUALITY 525 WEST ALLEGAN STREET LANSING, Ml 46933

.

u •l .... ·t"::~-~t"i i.•. • ~ ... · ·~· ..... • •• \ vii-.' ·.• . ~ . .......

EQP0203 (0812014)

Petitioners:

STATE OF MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY

Great Lakes Water Authority ("GLWA"}, Detroit Water and Sewerage Department ("DWSD"), and Jim Nash in his capacity as Oakland County Water Resources Commissioner and as County Agent for the County of Oakland ("Oakland Water Resources Commissioner")

REQUEST FOR DECLARATORY RULING

Petitioners DWSD and GLWA, by and through their attorneys Miller, Canfield, Paddock and Stone,

PLC, and Petitioner Oakland Water Resources Commissioner, by and through their counsel Dickinson

Wright PLLC, (collectively "Petitioners") submit this Request for Declaratory Ruling to the Michigan

Department of Environmental Quality ("MDEQ" or the "Departmenr) pursuant to Sections 63 and 64 of the

Michigan Administrative Procedures Act ("APA"), MCL 24.263 and MCL 24.264, and Administrative Rules

R 792.10301 and R 324.81 .1 As set forth herein, Petitioners challenge the validity of the MDEQ Lead and

Copper Rules {"LCRs'')2 which were filed with the Secretary of State on June 14, 2018. Petitioners assert

that the LCRs exceed the scope of the MDEQ's authority under state law and are arbttrary and capricious.

In support of the Request, Petitioners state the following:

Petitioners

1. Petitioner Great Lakes Water Authority ("GLWA") is an authority established pursuant to Act 233,

Michigan Public Acts of 1955, as amended and a wholesale water supply provider to over 127

1 In accordance with Section 64 of the APA, before challenging the validity or applicability of a rule in circuit court, a petitioner/ plaintiff must first request the agency that promulgated the rule for a declaratory ruling. MCL 24.264. Section 63 of the APA and the rules cited above identify the criteria for seeking a declaratory ruling from the MDEQ. The relevant APA sections and rule citations are set forth in the attached Addendum. 2 The LCR amends the MDEQ "Supplying Water to the Public" Rules, specifically R 325.10102, R 325.10105, R 325.10108, R 325. 10401a, R 325.10405, R 325.10410, R 325.10413, R 325.10420, R 325.10604f, R 325.10710a, R 325.10710b, R 325.10710d, R 325.11506, R 325.11604, and R 325.11606 of the Michigan Administrative Code.

governmental entities in Southeast Michigan. By license through the Detroit Water and Sewerage

Department, GLWA is also a water supply provider to all of Detroit's retail customers. GLWA's main office

is located at 735 Randolph St., Suite 1900, Detroit, Ml 48226 GLWA, sue.mccormick@glwater.org.

2. Petitioner Detroit Water and Sewerage Department ("DWSD") is a public utility that provides

drinking water and sewerage services for customers in the City of Detroit. DWSD's service area has an

estimated 2,700 miles of water mains serving a population of approximately 680,000, of which over 35

percent have incomes below the U.S. federal poverty line. Detroit has an estimated 125,000 lead service

lines (LSLs), aged water and sewer pipe networks, and high incidences of water and sewer line breaks.

DWSD's main office is located at 735 Randolph St. , Suite 506, Detroit, Michigan 48226-2830,

browngary@detroitmi.gov.

3. Petitioner Jim Nash in his capacity as Oakland County Water Resources Commissioner and as

County Agent for the County of Oakland Is the elected official in Oakland County responsible for planning,

developing, and maintaining designated surface water drainage systems in Oakland County, providing

operations and maintenance to both water and sewer customers in more than fifteen Oakland County

communities. Oakland County's service area in the City of Pontiac has 304 miles of water main serving a

population of approximately, 59,792, of which more than 34.4 percent have incomes below the U.S. federal

poverty line. Pontiac has a high percentage of lead service lines, has aged water and sewer infrastructure,

and high incidents of water main breaks. The office of the Oakland County Water Resources Commissioner

is located at One Public Works Drive, Building 95 West, Waterford, Ml 48238, wrc@oakgov.com.

4. Each Petitioner is a "supplier of water" as defined by the Michigan Safe Drinking Water Act

("MSDWA"), MCL 325.1001 et seq., and subject to the LCRs. As defined by the MSDWA, a •supplier of

wafer" is: "a person who owns or operates a public water supply, and includes a water hauler.'' MCL

2

325.1002 (t). ln turn, a "public wafer supply" is defined, in pertinent part, as: "a waterworks system that

provides water for drinking or household purposes to persons other than the supplier of the water .... " MCL

325.1002(p). Lastly, a "waterworks system" Is: "a system of pipes and structures through which water is ,.

obtained and distributed, including but not limited to wells and well structures, intakes and cribs, pumping

stations, treatment plants, storage tanks, pipelines and appurtenances, or a combination thereof, actually

used or intended for use for the purpose of furnishing water for drinking or household purposes." MCL

325.1002(x).

5. As suppliers of water, Petitioners have a direct interest in the scope and applicability of the LCRs.

As described below, the LCRs impose myrlad new and additional regulatory, technical and cost burdens on

Petitioners. As such, Petitioners have standing to challenge the validity of the LCRs.

Background

6. In March, 2017, the MDEQ submitted a Request for Rulemaking to the Office of Regulatory

Reinvention to amend the lead and copper provisions of the state's existing Supplying Water to the Public

Rules. Up to this point, the MDEQ's lead and copper drinking water regulations, enacted under the

MSDWA, substantially tracked and incorporated the requirements of the federal Lead and Copper Rule, 40

CFR 141.80-.91, promulgated by the U. S. Environmental Protection Agency ("U.S. EPg or ~the Agency")

under the federal Safe Drinking Water Act, 42 USC 300f et seq.3 The MOEQ's proposed rule changes were

intended to impose additional requirements on state drinking water suppliers beyond those imposed by the

federal rule.

7. The MDEQ formed a stakeholder group and held stakeholder meetings from July through

November, 2017. Draft LC Rs were published in January, 2018. As required by Section 45 of the APA, MCL

3 U.S. EPA has granted Michigan primacy to implement the federal SOWA and federal Lead and Copper Rule.

3

24.245, and Executive Order 2011-5, the MDEQ prepared a Regulatory Impact Statement and Cost-Benefit

Analysis ("RIS") to, among other things, compare the LCRs to parallel fed~ra l and state regulations,

determine whether the LCRs conflict with existing law, identify the behavior to be altered and the harm to

be addressed by the LCRs, identify the impacts of the LCRs on businesses, groups and individuals,

discuss possible alternatives to the LCRs, and estimate the costs imposed by the LCRs (a cost-benefit

analysis). Hence, one of the main purposes of the RlS is to inform the public and decision-makers

regarding the impact of the LCRs.

8. A public comment period for the LCRs was held from February 8, 2018 through March 21, 2018,

and a public hearing was held in Lansing on March 1, 2018. Petitioners were part of a "Coalition" of water

suppliers and municipal associations that provided comments. Attachment A. Petitioner DWSD also

provided comments individually. Attachment B. As noted below, the MDEQ largely rejected the

Petitioners' legal, technical and substantive comments and concerns regarding the LCRs. The LCRs were

provided to th~ Joint Committee on Administrative Rules (JCAR) in May, 2018 and, after several additional

changes, the rulemaking process was completed and the LCRs became final on June 14, 2018.

Statutory and Substantive Legal Defects of the LCR

9. During the stakeholder process and public comment period, Petitioners identified significant

substantive defects and statutory and constitutional conflicts with the LCRs. Petitioners repeatedly

requested that the MDEQ respond to these legal issues, but the department chose not to do so, leaving

most of the Petitioners' concerns unaddressed. As a consequence, the rulemaking record for the LCRs is

incomplete, deficient, and fails to provide the necessary legal support and foundation for the LCRs. As

such, the MDEQ has exceeded its statutory and constitutional authority in promulgating the LCRs.

4

10. The LCRs impose new obligations on water suppliers without duly considering the legal, scientific

and technical support for such unfunded mandates. Without limitation, these obligations include:

a. removing privately owned lead service lines using public monies, R 325.10604f(S)(c) and (6)(e);

b. with limited exceptions, removing all lead service lines within 20 years even where existing lines fall below lead action levels, R 325.10604f{6)(b);

c. accessing private property to complete a distribution system materials inventory, R 325.11604(c);

d. reducing the lead action level from 15 parts per billion {"ppb") to 12 ppb triggering additional regulatory actions, R325.10604f(1)(c), (e), and(~. and R325.10604f(4) and R325. 10604f(5);

e. requiring sequential sampling in addition to first flush sampling for water suppliers with lead service lines, R325.10710a(2)(b);

f. anticipating partial lead service line replacements in emergencies without defining an emergency, R325.10604f(6)(e}(iv); and

g. creating and providing support for local Drinking Water Advisory Councils, R325.10410(7).

11 . As discussed herein, the LCRs exceed the scope of the MDEQ's rulemaking authority under the

MSDWA in several key ways. To begin with, the LCRs require municipal water suppliers to pay the cost of

removing and replacing private lead service lines with the consent of the owner at the suppliers cost.

325.10604f(5)(c) and (6)(e).] The MSDWA simply does not authorize the MDEQ to shift the financial burden

of removing private lead lines from property owners to municipal providers and their ratepayers who did not

install and do not own the lines. Yet, this is precisely what the LCRs require. The MDEQ cannot, through

adopting rules, redefine the statutorily defined term "waterworks system" to expand the system's scope to

include private lines which are not legally part of the system.

5

12. The inability and lack of authority to access private property is also a significant impediment to

municipal water suppliers' compliance with the LCRs. The municipality does not have a legal right to

trespass on private property without an easement or specific authority from the property owner. By way of

example, City of Detroit local ordinance specifically states "whenever any repairs are necessary to any

service connection between the lot line and the water main, the board of water commissioners shall

immediately cause the same to be. repaired without cost to the property owner or person responsible."

Detroit City Code Sec. 56-2-4. The portion of the service line from the lot line to the residence is the

property owner's responsibillty and expense. Based upon Detroit's experience to date, obtaining

permission from the actual owner of a home has been a daunting task. Nearly 50% of Detroit's housing

stock is rental property and in the majority of circumstances, rental property managers are the only entity

with which the City or the tenants have contact. Neither the tenant nor the property manager has legal

authority to grant the municipality the right to replace the lead service line. (At least one municipal water

supplier sought guidance from the MDEQ on how to handle situations where the property owner would not

allow access or could not be located. MOEQ's potential "soluti?ns" include: obtaining warrants to gain

access to private land, shutting off water service until owner consents and/or refusing to connect lead Hne

to new main. Each of these "solutions" completely ignores the fact that a family renting the home may be

fully supportive of the lead service line replacement, but is at the mercy of a reluctant or elusive property

owner.)

13. The issue of access to comply with the LCRs encompasses more than just the lead line

replacement; first, inventory requirements and the sampling protocols are necessary under the LCRs.

Petitioner Oakland County Water Resources Commissioner has found that home owners will need

assistance with performing the sampling. Many home owners, if willing to assist, do not have the ability and

6

knowledge to take a water sample that can actually be used. Then, the even more intrusive lead line

replacement work begins. Petitioner DWSD has already experienced the lack of cooperation by home

owners in its pilot program for lead line replacement on just one street in Detroit. Countless hours,

numerous requests and manpower have been expended to gain access to homes, but many home owners,

to no avail, still refuse. Home owners simply do not want to be bothered with having to take time away from

work and other obligations to attend to municipal projects. Municipal water suppliers are faced with the

reality that compliance with the LCRs depends on decisions by these home owners over which the

suppliers have no control.

14. The LCRs also mandate that a city with a population over 50,000 establish and provide support for

a Water Advisory Council. R325.10410(7). There is no authority in the MSDWA empowering the MDEQ to

require water suppliers to create such councils. A water supplier may independently decide to create and

consult an advisory board or council, but that is a choice ·to be made by the municipal supplier and not a

mandate imposed by state law.

15. Although not clearly stated in either the LCRs or its accompanying RIS, it is presumed that the

overarching public health purpose of the LCRs is to lower blood lead levels in children and adults. The

'LCRs lower the lead action level from 15 ppb to 12 ppb. R325.10604f(1)(c). Lowering the action level then

triggers a number of regulatory responses and actions on the part of water suppliers. R325.10604f(4) and

R325. 10604f(5). Yet, the MDEQ offers no technical rationale for how lowering the action level will

contribute in any meaningful way to reduc_ing blood lead levels amongst the general public and specifically

in children because the rule does not in any way address the primary source for lead poisoning in children,

which is lead paint. Attachment A, Petitioners' Comments on the RIS, (pp. 4-5).

7

'16. An action level of 15 ppb is a "technology-based" requirement selected by the U.S. EPA as being

representative of effective corrosion control treatment. Lead and Copper Rule Revisions White Paper, EPA,

p. 11(October2016). To establish a meaningful health-based benchmark, U.S. EPA currently is developing

up-to-date scientific modeling of the relationship between lead levels in drinking water and blood lead levels

- particularly for sensitive life stages such as formula-fed infants and children under age 6. White Paper, p.

12. The Agency has not yet completed its peer reviewed modelling analysis, but intends to do so as it

considers revisions to the federal Lead and Copper Rule. In addition to modelling, U.S. EPA also will

consider field data and studies provided by water suppliers on the relationship of blood lead levels and

drinking water. The MDEQ thus has taken the federal action level developed to address the effectiveness

of corrosion control measures and misapplied it to lead service line replacement. As such, the MDEQ's

lowering of the lead action level without the results of U.S. EPA's rigorous analysis Is arbitrary and

capricious.

17. The LCRs require water suppliers to now conduct sequential sampling in addition to first draw

sampling. R325.10710a(2)(b). As Petitioners indicated to the MDEQ, compliance with the lead action level

should be determined by first draw samples. First draw samples are reflective of both recent exposure of

the water to household plumbing and service line. If that first draw sample comes back above the action

level, an investigation should begin. Sequential sampling should be used only as part of an Investigation in

response to elevated levels. These samples should not be used for compliance with the action level, nor

should they be used to trigger any system-wide lead service line replacement. The purpose of sequential

sampling is to determine the source of the elevated lead level, which will then drive decisions about

mitigation of the source. Also, by requiring sequential sampling, the MDEQ has created an otherwise

avoidable potential conflict with the U.S. EPA Lead and Copper Rule which continues to require first draw

8

sampling (U.S. EPA presently is seeking input on sampling protocols and might require an entirely different

approach to sequential sampling).

18. The LCRs even require water suppliers in compliance with the lead action level and corrosion

control requirements to replace, on average, 5% of their lead service lines per year, not to exceed 20 years

for total line replacements unless an alternative schedule has been approved by the MDEQ. R

325.10604f(6)(b). Petitioners maintained that line replacement should not be subject to an arbitrary 20 year

timeline, but should be implemented through a water supplier's asset management plan that also accounts

for numerous other infrastructure objectives sought by the state. Attachment A, Jntroduction and

Petitioners' Comments to RIS, Question 4, (pp. 4-5). The purpose of Michigan's on-going pilot asset

management project is to find more holistic approaches that align the multiple public health and safety

needs water suppliers are required by law to achieve. An asset management approach will allow state and

local governments to implement a lead reduction program that is both protective of public health and within

a level of resources that does not compromise other public health protections. It will also ensure that local

governments have the ability to continue investing in needed drinking water, sanitary sewer, and

stormwater infrastructure improvements thereby avoiding an entirely different set of public health problems

and unintended consequences. For instance, in Southeast Michigan's old drinking water infrastructure, a

significant number of breaks occur annually; if left unaddressed each break is an opportunity for backftow

or microbes in the soil to enter the drinking water supply. See the 21st Century Infrastructure Report

regarding the benefits of asset management programs.4

4 Petitioner OWSD's asset management plan provides for $37 Million in improvements system wide annually. DWSD has issued over 400 work orders to address leaks and main breaks since January 2018 on the public side of the system. (There have been another 600 work orders issued that turned out to be leaks on the customer's private side of the line.) Replacement of 5% of Detroit's 125,000 service lines in one year would cost an estimated $42 Million - far exceeding the entire amount allocated to its asset management plan and leaving nothing to address Continued on 1iext page.

9

19. The ban on partial service line replacement is uniquely arbitrary and capricious, as a myriad of

operational and functional issues may necessitate partial replacement of a service line, to minimize both

lead particle release risk and to enhance customer safety. The ban also prevents municipal water suppliers

from providing clean, potable water to customers. Water main breaks happen unexpectedly at any time

during the day or night. The operational goal is to repair the break safely and as expeditiously as possible,

to restore water service, and minimize damage to public and private property; and disturbing lead service

lines on unplanned basis will likely Cpuse an increase in lead particulate into the system. While the LCRs

provide exceptions for emergency situations, there is no clarity about the process or protocols for declaring

an emergency as required in the new rules. The MDEQ advised at least one municipality that it may have

to submit a written explanation as "what constitutes an emergency• to the MDEQ for their consideration.

Yet, the ban on partial replacements is in effect now. Additionally, services can either be individual pipes

serving individual properties, or the utility may discover a lead "pigtail" - a multi-pronged service connection

that can manifold several properties into a singular connection to a water main. When these are

discovered, they must be removed in accordance with the LCRs. However, if one of the properties served

by this pigtail denies access to the water supplier to perform a full lead service line replacement, the utility

is in a conundrum wherein it cannot replace or reconnect the services to a// lines connected to the pigtail

because that would constitute a partial replacement. Yet another example is when another utility or a

construction project unrelated to municipal water supplier activities damages a lead service line. The

section of the line disturbed can and should be repaired as quickly as possible. But the obvious question

becomes is this now a banned partial line replacement? Coordination and planning to do a full lead service

Continued from previous page. other public health issues like main breaks - issues best understood by local health officials - and forcing dramatic increases in water rates, exacerbating the affordability and collection challenges with which DWSD and its customers are already grappling.

10

line replacement demands prior proper planning so as to not unduly negatively affect the customer during

the replacement. The myriad of activities that happen in the street both by the water supplier and others

necessitates having the operational flexibility to safely and carefully and prudently perform partial lead

service replacements. The LCRs fail to take into account any of these considerations.

20. As noted elsewhere, the LCRs reduce the lead action level from 15 ppb to 12 ppb, which triggers a

water supplier's obligation to apply corrosion control treatment to its waterworks system. R325.10604f(4).

The most common and cost-effective form of corrosion control treatment is through addition of

orthophosphate. If waterworks systems that exceed 12 ppb but do not exceed 15 ppb choose to add

orthophosphate for corrosion control, this may have the undesirable outcome of increasing phosphorus

levels in Michigan's waterways. Downstream regulated NPDES permitted wastewater treatment plants,

such as GLWA's Water Resource Recovery Facility, would then have an added burden to remove

phosphorus being added by upstream water systems and bear the additional costs, or risk exceeding their

phosphorus discharge limits or TMDLs at downstream regulated MS4 communities. This is a significant

potential environmental consequence of the LCR that has not been sufficiently studied or addressed by the

MDEQ. Petitioners' Comments to RIS, Question 1 (pp. 1-2).

RIS Deficiencies

21. The APA now requires that state departments prepare and include with a notice of rulemaking a

regulatory impact statement. MCL 24.245(3). The statement must contain specific information and analysis

pertaining to the proposed rules, including comparing the rules to federal and state counterparts, Identifying

the harms avoided by and the benefits of the rules, estimating the costs associated with implementation of

and compliance with the rules, and identifying alternatives to the rules. Executive Order 2011-5

11

supplements the APA by requiring departments to complete a cost-benefit analysis for all proposed rules.

Exec. Order, Art V.1 (p. 5).

22. The MDEQ completed the RlS for the draft LCRs in January 2018. Attachment C. This RIS is

required to provide the scientific, technical and legal foundation for the proposed rules. If the assumptions

articulated in the RIS are flawed, then the LCRs themselves are flawed. The Petitioners submitted a

detailed critique of the RIS on March 20, 2018. Despite identifying numerous inadequacies and flaws with

the RIS, the MDEQ made no effort to address Petitioners' comments or to revise the RIS.

23. One of the most important analyses required as part of the RIS is to estimate any increase or

decrease in costs to local governmental units as a result of the LCRs. Attachment C, R/S, Question 11.

The MDEQ estimated that the overall cost for lead service line replacement under the draft LCRs would be

$499 Million over 20 years. As noted by Petitioners, the MDEQ's cost estimate was based on several

fundamentally flawed assumptions. Attachment A, Petitioners' Comments to R/S, Question 11 (pp. 11-12).

After making adjustments for these flawed assumptions, but accepting the MDEQ's assertion that it would

cost approximately $5,000 per line to replace existing lead service lines, Petitioners demonstrated that the

overall line replacement costs associated with the draft LCRs was closer to $2.5 Billion over 20 years

(Petitioner DWSD estimates its costs alone would be $438 to $625 Million for lead service line

replacement). This far exceeds the MOEQ cost estimate of $499 Million, and borders on being punitive.

This Is particularly true given that neither the draft nor the final LCRs provide any source of funding to cover

lead line replacement, and both place the entire burden on the water suppliers and their customers. The

MDEQ offered no response to Petitioners' cost assessment and made no meaningful effort to revise the

rules to address the excessive costs associated with complying with the LCRs. If the RIS is wrong then how

12

can the MDEQ move forward with the LCRs under the APA where both the water suppliers and the public

have grossly misleading information about the LCRs' impact?

24. Also, the RIS required the MDEQ to compare the LCRs to "parallel federal rules or standards;"

indicate if the LCRs were required by state law or federal mandate; indicate if the LCRs exceeded a federal

standard and if yes describe why it was necessary that the proposed LCRs exceed federal law; and specify

the costs and benefits arising out of the deviation from federal law. Attachment C, RIS, Question 1. The

MDEQ did not address this requirement. The Department acknowledged that there is a federal Lead and

Copper Rule but then failed to: 1) identify if the proposed MDEQ revisions to the LCRs are required by

state law or federal mandate; 2) describe why it is necessary for the MDEQ to exceed the regulatory

standards of the federal Lead and Copper Rule; and 3) specify the costs and benefits associated with

deviating from the federal Lead and Copper Rule.

25. In December 2017, the U.S. EPA sent letters to state drinking water agencies inviting them to

participate in the Agency's rulemaking process to update and revise the existing federal Lead and Copper

Rule. This rulemaking demonstrated U.S. EPA's commitment to assume responsibility for, and take a

leadership tole in, identifying how the rule can be improved to better protect human health. The MDEQ

failed to articulate why it is necessary for the State of Michigan to act before the federal government on this

issue rather than participate in and contribute to federal efforts to revise the existing federal Rule. A revised

federal rule will apply standards applicable not only to Michigan communities but communities across the

country. Also, the federal Rule will be based on scientific and technical expertise possessed by the U.S.

EPA but lacking at the state level. Moreover, it will reflect input and the experiences of many more

stakeholders than involved in the MDEQ process thereby resulting In a more-informed and effective rule.

Attachment A, Petitioners' Comments to RIS, Question 1 (pp. 1-2).

13

26. The MDEQ furthermore fails to specify the costs and benefits likely to occur if the state takes action

that deviates from U.S. EPA's efforts to revise the federal Lead and Copper Rule. The MDEQ asserts that

the modified federal Rule "will contain many of the same provisions," as the MDEQ's LCRs, but offers no

support for this conclusion. As water suppliers, Petitioners are concerned that the revised federal Lead and

Copper Rule may vary significantly from the now final MDEQ LCRs, resulting in needless confusion and

inconsistency, and imposing substantial unintended cos!s on water suppliers and their customers. By way

of example, the U.S. EPA could recommend an action level at odds with the MDEQ 12 ppb level. Finally,

the MDEQ was required to provide a robust cost/benefit analysis in response to this Question but failed to

do so. Attachment A, Petitioners' Comments to RIS, Question 1 (pp. 1-2).

27. The RIS also required MDEQ to compare the proposed LCRs to standards in similarly situated

states, and if the LCRs included requirements exceeding standards in those states, explain why and

specify the costs and benefits arising from the deviation. Attachment C, RIS, Question 2. The intent of this

Question is to require MDEQ to justify actions that go beyond other states' regulatory requirements, and

thereby impose different and/or additional burdens on regulated entities within the State of Michigan. The

MDEQ asserted that other states have adopted the federal Lead and Copper Rule and have not varied

from it in substantive ways. Once again, the MDEQ did not identify any costs or benefits associated with

exceeding the standard of similarly situated states on th is issue. The fact that the MDEQ's LCRs impose

burdens on water suppliers above and beyond what is presently required by other states certainly will result

in increased costs for the suppliers and their customers. The MDEQ did not respond to Petitioners'

concerns and offered no substantive or independently verifiable justification for imposing such additional

costs and burdens. Attachment A, Petitioners' Comments to R/$, Question 2 (pp. 3).

14

28. Further, the RIS required the MDEQ to iden tify "laws, rules, and other legal requirements ~ that may

duplicate, overlap, or conflict with the proposed LCRs. This included describing how the LCRs have been

coordinated with other comparable federal, state, and local laws, and efforts undertaken to avoid or

minimize duplication. Attachment C, RIS, Question 3. In response, the MDEQ tersely asserted "No other

rules or legal requirements pertain." The MDEQ's response was an obvious non-response to the Question.

29. The MDEQ ignored the potential duplication, overlap and conflict the state LCRs have with the

existing federal Lead and Copper Rule, or might have with any revisions to the federal Lead and Copper

Rule. Also, Petitioners are not aware of (and the RIS does not identify) any effort on MDEQ's part to

coordinate the development of the its LCRs wi1h the U.S. EPA, or to avoid duplication. In addition, the

MDEQ response did not consider the adverse Impact the LCRs would have on water suppliers' asset

management plans (i.e.; "other legal requirement"). These plans are intended to ensure that local

governments have the ability to continue investing in needed drinking water, sanitary sewer, and

stormwater infrastructure improvements given available financial resources. The LCRs would prioritize

virtually all available funds for lead service line replacement, thereby depriving water suppliers of funds to

address other pressing public health issues, such as replacing 100 year old mains at risk of rupture.

Attachment A, Petitioners' Comments to RIS, Question 3 (pp. 3-4).

30. Moreover, in its comments on the LCRs and RIS, and during the stakeholder meetings and

rulemaking process, Petitioners expressed significant concerns about the validity of the LCRs' requirement

that local governments pay for the replacement of privately-owned lead llnes, R 325.10604f(5)(c) and

{6)(e), given certain provisions of the Michigan Constitution. See Attachment A, L'egal Memorandum.

Similar comments were raised during the MDEQ's LCR Public Hearing on March 1, 2018. Attachment D,

15

Hearing Transcript. (pp. 22, 57, 63). Yet, MOEQ failed to address any of the constitutional provisions raised

by Petitioners. For example:

a. The MDEQ failed to address whether the LCRs violate Article VII, Section 26, of the Michigan Constitution, which prohibits municipalities from loaning their credit for any private purpose and thus, could arguably prohibit municipal water suppliers from appropriating public money for a lead service line replacement directly for the benefit of private owners. Petitioners neither own nor lnstaJled the portion of the service lines which fall outside the Petitioners' right of way on private property Article VII, Section 26 arguably prohibits local governments from using municipal fee revenue (i.e., public money) to cover the costs of replacing private lead service lines.

b. The MDEQ did not address whether the LCRs violate Article IV, Section 30, of Michigan's Constltutlon, which requires two-thirds of the Michigan Legislature to approve the use of public money for private purposes (i.e., for the benefit of private lead line replacement). Nor did the MOEQ provide any legal authority showing that two-thirds of the Michigan Legislature had approved the use of public money for the rules' purposes.

c. The MDEQ did not address whether the LCRs violate Article IX, Sections 25 and 29, of the Headlee Amendment to the Michigan Constitution. which prohibit the state from imposing new or expanded requirements upon municipalities without full state funding. Section 25 and 29 could prohibit MDEQ from imposing upon local governments a new mandate to remove and replace lead service lines unless it also ensures that the state has provided adequate funding for removal and replacement. This is a critical issue especially since replacement of lead service lines on private property alone could easily exceed $2.5 Billion. Attachment A, Petitioners' Comments to RIS, Question 11 (pp. 11-12).

d. Finally, the MDEQ did not address whether the LCRs violate Article IX, Section 31, of the Michigan Constitution, which prohibits municipalities from assessing an unlawful tax upon its citizens without voter approval. The Michigan Supreme Court concluded in Bolf v City of Lansing, 459 Mich 152 (1998) that a municipal fee is an unlawful tax under Section 31 if it is not regulatory, pmportional and voluntary. Petitioners raised concerns that because the LCRs require municlpalities and their ratepayers to pay for the replacement of privately-owned lead lines, it will necessarily require them to spread the costs of that replacement across all ratepayers by including the costs in future rate assessments. Petitioners worried that ratepayers would challenge increased rates by filing lawsuits alleging that their payment of lead line replacement costs through their rates violates Section 31 because the rate is not proportional to the costs of service they each receive (i.e., these ratepayers are paying for the lead line

16

replacements that benefit other ratepayers, not for replacements that particularly benefit each of them directly). In the rulemaking record, the MDEQ failed to explain how the LCRs do not ultimately lead to a violation of Bolt and Section 31 of the Headlee Amendment.

31. Despite Petitioners' warning that a key provision of the LCRs could conflict with the Michigan

Constitution, the MDEQ failed to address a single constitutional concern as part of the rulemaking

record. It is as if these concerns simply do not exist. But ignoring them does not alleviate the significant

legal and financial risk that scores of municipalities will bear by implementing the LCRs and by financing

the replacement of privately-owned lead lines. Municipal water suppliers who follow the LCRs (many of

whom are already cash-strapped) will incur substantial expense, fi rst to implement the LCRs, and then to

defend the LCRs' requirements if faced with a challenge to the LCRs' constitutionality. These

municipalities will lose millions of dollars (in sunk replacement costs, in legal fees and in possible damages}

if the LCRs and the municipal rates imposed to finance the improvements mandated by the LCRs are later

found to be unconstitutional by the courts. These risks are absolutely unnecessary.

32. The RIS also required the MDEQ to describe how the proposed LC Rs would protect public health,

safety, and welfare while promoting a regulatory environment that is the "least burdensome alternative."

Attachment C, RIS, Question 6. In response to this Question, the MDEQ asserted that removing lead

service lines ls the most effective way to remove lead exposure in drinking water. This is true only if the

lead service line has been identified as the source of lead in drinking water - but this isn't always the case.

As written, the LCRs fail to allow water suppliers, local health departments and other agencies to work

collaboratively to pinpoint sources of lead exposure in waterworks systems - which may be attributed to

other sources llke indoor lead plumbing and fixtures. Consequently, lead service line removal may not be

the most effective technique to eliminate lead exposure. Also, during the stakeholder process, Petitioners

repeatedly expressed technical, scientific and legal concerns with the burdens imposed by the LCRs.

17

These concerns were placed in the "parking lot" by the MDEQ but given no further consideration during the

rulemaking process. Petitioners restated these parking lot issues in their comments to the RIS, but once

again the MDEQ failed to provide any substantive responses to the concerns. (Two of the parking lot issues

in particular have already presented serious Implementation challenges for municipal water suppliers, i.e.;

issues of property access and partial line replacement, both of which are discussed in the text above. The

LCRs provide no meaningful guidance on these issues.) Attachment A, Petitioners' Comments to RIS,

Question 6 (pp. 6-7).

33. The RIS required MDEQ to estimate the primary and direct benefits and any secondary or indirect

benefits of the LCRs. Attachment C, RIS, Question 29. ln its response, the MDEQ cites and relies

exclusively on a 2016 Ecology Center Report (the "Report"), but this reliance is misplaced. As Petitioners

pointed out, the Report unequivocally states that: "[w]e note that this research began in 2013 before Flint's

water-related lead exposures, and the scope of the work is state-wide. The impacts here are calculated

using state-wide elevated blood lead levels in 2014, and associated costs of education, crime, health care,

and lifetime earnings in 2014, so these calculations reflect little of the costs associated with Flint's water

contamination. Instead, these figures indicate the ba~eline costs and economic impacts of lead

exposure in Michigan, largely associated with lead paint." Ecology Center Reporl, p. 5 (emphasis

added); cited in Attachment A, Petitioners' Comments to RIS, Question 29 (pp. 18-19),

34. In comments to the RIS, Petitioners speculated that the MDEQ's purpose in citing the Report's cost

figures might be to suggest that these costs represent the quantified value of the benefits referenced by the

MDEQ in support of the draft LC Rs - but this is an inference without merit. The Report makes clear that the

quoted costs reflect the impacts of lead exposure from lead paint. Ecology Center Report, p. 30 ("A

discussion of lead in water contamination is beyond the scope of this report.»). The Report actually supports

18

a recommendation Petitioners repeatedly made, i.e.; that a more effective rule would evaluate the multiple

pathways contributing to lead exposures and use this as the yard stick for allocating resources to reduce

overall risk. Lastly, the MDEQ provides only generic "benefit" declarations (e.g.; reducing exposure to lead,

protecting public health , creating jobs), making no effort to articulate any specific benefits, or quantify the

value of any benefits. Attachment A, Petitioners' Comments to RIS, Question 29 (pp. 18-19).

35. The RIS required the MDEQ to identify the sources it relied on in compiling the RIS, including the

methodology used to detennine Impacts of and a cost benefit for the proposed LCRs. Attachment C, RIS,

Question 32. In response, the MDEQ provided a list of documents/reports it relied on to prepare the RIS,

but failed to provide any analysis or description of methodology used to determine the impact of the draft

LCRs or the cost-benefit analysis. Consequently, as Petitioners pointed out, the relevancy of the cited

documents/reports to the development of the LCRs is ambiguous at best (and, as pointed out above, the

Report explicitly does not support the LCRs). Also, Petitioners identified two reports missing from the

MDEQ's list that should have been reviewed and considered in development of the RIS and the LCRs,

those being the Child Lead Poisoning Elimination Board report, "A Roadmap to Eliminating Child Lead

Exposure"; and the Infrastructure Commission's "2151 Century Infrastructure Commission Reporl."

Attachment A, Petitioners' Comments to RIS, Question 32 (pp. 19-21). As with al\ other comments on the

RIS made by Petitioners, the MDEQ never responded or otherwise revised the RIS in consideration of the

comments.

36. The RIS required MDEQ to identify any reasonable alternatives to the proposed LCRs.

Attachment C, RIS, Question 33. The MDEQ declared no reasonable alternatives existed. In commenting

on the RIS, Petitioners provided a list of provisions that would constitute the foundation of an alternative,

19

more protective and cost effective lead abatement rule . Attachment A, Petitioners' Comments to RIS,

Question 33 (pp. 21) . The MDEQ offered no response to or critique of Petitioners' suggestions.

37. Petitioners raised additional comments and concerns with the RIS (e.g.; including, without

limitation, comments on Questions 4, 5, 9, 10, 12, 13, 14, 15, 26, 27, 28, 30, 31, 35) that are not repeated

here but require a response from the MDEQ.

38. This RIS (including the cost-benefit analysis) is intended to provide the scientific, technical and

legal foundation for the LCRs. Yet, for the reasons ·articulated by Petitioners, the LCRs' RIS fails to do so

and falls tar short of providing a sound foundation for the rules. As a consequence, the LCRs are invalid,

and arbitrary and capricious.

20

Relief Requested

WHEREFORE, Petitioners respectfully request:

A. That the MDEQ issue a declaratory ruling finding that key provisions of the LCRs exceed

the MDEQ's authority under the Michigan Safe Drinking Water Act, and are arbitrary and capricious; and

B. That the MDEQ issue a declaratory ruling finding that the rulemaking record for the LCRs,

including the RIS, is incomplete, deficient, and fails to provide the necessary legal support and foundation

for the rules;

C. That the MDEQ discontinue implementation of the LCRs and re-engage Petitioners and

other stakeholders to develop alternative lead and copper rules and a regulatory impact statement that are

legally valid and provide an accurate analysis and assessment of the regulatory impacts, costs and benefits

associated with the rules; and

D. That Petitioners shall have such further relief as is warranted and equitable.

DATED: August 13, 2018

31813386.6\022765--00207

Miller, Canfield, Paddock and Stone, P.L.C. Attorneys for Petitioners Great Lakes Water Authority and Detroit Water and Sewerage Department

By: ~ d\Q{~l 6t1~~l Steven Chester, Esq. " Scott Eldridge, Esq.

Dickinson Wright PLLC Attorneys for Petitioner Jim Nash as Oakland County Water Resources Commissioner and as County Agent for the ~f Oakland • 'i 1 1

By ~,fv:{ Lr/ J V. Peter H. Webster, Esq.

21