PONTIAC CITY COUNCIL
FORMAL MEETING
March 23, 2017
6:00 p:m.
178th Session of the 91• Council
It is this Council's mission "To serve the citizens ofPontiac by committing to help provide an enhanced quality of life for
its residents, fostering the vision of a family-friendly community that is a great place to live, work and play."
Call to order
Invocation
Pledge of Allegiance
Roll Call
Authorization for excused absences for councilmembers
Amendments to and approve of the agenda
Approval of the Minutes
I. March 9, 2017 and March 16, 2017.
Special Presentation
2.
Wade Trim.
Deputy Mayor Report or Depmiment Head Reports
Recognition of Elected Officials
Agenda Address
Public Hearing
3. Public Hearing on the IFT application for Denek Contracting.
AGENDA ITEMS FOR CITY CO UN CU. CONSIDERATION
4.
Request Council to schedule a public hearing for a Plant Rehabilitation District for parcels #14-33-435-005, #1433-435-017 and 14-33-436-042 known as 451 E. Wilson Ave.
5. Request resolution approval for the City of Pontiac Solidarity Statement.
6. Request resolution approval for the ATPA Grant Contract with Oakland County.
7. Request resolution approval for the Tree Trinuning Services and Tree & Stump Removal.
Public Comment
Mayor, Clerk, City Attorney, Council Closing Comments
Adjournment
March 9, 2017
Official Proceedings
Pontiac City Council
176'"Session of the Ninth Council
A Regular Meeting of the City Council of Pontiac, Michigan was called to order in City Hall, Thursday,
March 9, 2017 at 6:00P.M. by President Patrice Waterman.
Call to Order at 6:00p.m.
luvocation- Pastor Matlock
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Pledge of Allegiance
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Roll Call
Members Present: Carter, Pietila, Taylor-Burks,
Members Absent: Holland.
Mayor Waterman was present.
Clerk announced a quorum.
Wate1~J; Williams Wo~clward.
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17-74
Excuse Councilperson Mark Holland forJ>ersoyalreasons. Moved b~•Councilperson
Pietila and supported by Councilperson Wobcl\vard.
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Ayes: Pietila, Taylor-Burks, '\yatermaii;williams, Woodward and Carter
No:None
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Motion Carried. ' ,
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17-75
Approv~ Agenda with' the removal opt em #6. (Request for approval of the project and
constmction management ofsttucturaldhnolitions.)Move by Councilperson Woodward and supported
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by Councilperson}'i~tila. ···. ·• 1 ··· •
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Ayes: Pietila, Taylor:Burks, Waterman, Wliliams, Woodward and Cmier
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No: None; _,_ ··-,,\
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"•, Motion Carried..
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.!;6\Jl:.nal of Februat'~ 23, 2017 and March 2, 2017. Moved by Councilperson Pietila and
17-76
supported by Counciljlerson Carter, \
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Ayes: Taxlo\:.Burks,;Waterman, Williams, Woodward, Carter, and Pietila
No: None·. ·.··:_.·... · -. :./
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Motion Carried.
Councilman Mark Holland arrived at 6:05p.m.
Special Presentation- Trustee Brenda Carter and Deb Brinson with Oakland County Integrated
Healthcare Network
Deputy Mayor Report or Departmental Head Reports- Mayor Waterman and Finance Director Nevrus
Nazarko
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March 9, 2017
Recognition of Elected Officials- William Carrington- School Board Vice President and Mike
McGuiness- School Board Tmstee
President Patrice Waterman opened up first public hearing regarding waiving the bid procedure
for Lot lAP at 7:28 p.m.
There were two individuals who addressed the body during the public hearing.
1. Charles Johnson, 375 S. Boulevard E. He agrees with the sale ..... selling the property to the
hospital. He is concerned about this issue. Any and evetyone should have the opportunity to bid
on a property. How do we plan to address the river that is u11derneath the propetty?
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2. Billie Swazer, 1619 Marshbank. Last week the sale was discussed. How much are we being paid
a year for this property? Has this been paid for 20 years?Ift~y bougbt the lot do they have
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access to what's undemeath?
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President Patrice Waterman closed public hearing at 7i3o p.m.
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President Patrice Waterman opened up second p1ll1lic hearing regardingthe'sale approval for Lot
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lAP at 7:36p.m.
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There were four individuals who addressed the body during the publlc hearing.
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- -I. Charles Johnson, 375 S. Boulevard E. He stated how can~,Ve sell a piece of property that has the
Clinton River running underneath th~·~·opettJ?H~ wants'furlh~r classification about the river.
2. Mike McGuiness, 26 Union. Are there clauses thatrequire landscaping to dress up the lot? Are
they a tax-exempt entity?Th~ revenue'ta\source ca11 encL'.['he selling price is 230,000. McLaren
has paid 85,000p~r year. Very,prominentl'ofat~ol}/
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3. Christian Marcilld;. 100 Newbeny. He said thei·e have been go6d master plans in place. This is
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prime real estate arid we
in foresight. What happens if Woodward
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Avenue cha11ges? McLanzn h(ls changed over the•{ast few years.
4. Billie Swazer/16)9 Marshbank. We an) selling thi'sJor what we could make in tln·ee (3) years.
Don't sell it for 230,000, selfilfor 2,000,000: Sellfor fair market value. There needs to be
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President Patrie~ Waterman clo~,d public hc,aring at 7: 42 p.m.
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17-77
Re4iie~t resolution for approval on waiving the bid procedure for Lot lAP. Moved
by Councilperson Woodw!lrd and supported by Councilperson Tayler-Burks.
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Whereas, the City has engage5l'in discussions with a potential purchaser for the Real Property
with Parcel ID #14-29-436-024, commonly known as Parking Lot lAP; and
Whereas, Section 2-520 of the City Ordinances provides that real property must be sold or
exchanged by open public auction, online auction, sealed bid auction, or direct sale; and
Whereas, the City Council may waive a sealed bid or auction procedure for real property upon a
unanimous vote and after the public has had an opportunity to comment on the proposed disposal
procedure; and
Whereas, the City has received an offer to purchase and a proposed Purchase Agreement for
Parking Lot lAP in the amount of$230,000 from McLaren Oakland; and
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March 9, 2017
Whereas, the City Council has held a public hearing on the issue of a direct sale on March 9,
2017;and
Whereas, the City Council finds that it is in the best interest of the City to proceed with a direct
sale of the Real Property with Parcel ID #14-29-436-024, commonly known as Parking Lot lAP.
Now Therefore, Be It Resolved, that the Council formally waives the sealed bid or auction
procedure for the Real Property with Parcel ID #14-29-436-024, commonly known as Parking
Lot lAP, and approves the direct sale of the Real Property, contingent on the approval of a
Purchase Agreement and Resolution approving the sale of the prope1iy being passed by Council;
and
Now, Therefore, Be It Further Resolved, that the Mayor and City, Clerk are hereby authorized to
take any action necessary to accomplish and finalize the direct sale of the prope1iy to the
purchaser, contingent on the approval of a Purchase Agree~nt and Resolution approving the
sale of the property being passed by Council.
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Ayes: Waterman, Williams, Woodwan:l, drter, Holland, Pietila and Taylor-Burks
No: None
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Resolution Passed.
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17-78
Request resolution for approval of the 'slt!e
for
Lot'lAP.
Moved by Councilperson
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Woodward and suppmied by CouncilpersimTaylor-Burks. '
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Whereas, the City Council of the City of Pontiac, doeshereby find as follows:
Whereas, the City of Pontiac is the owner of approximately 86,000 square feet of vacant property,
identified as Lot lAP, Parcel ID #J 4-29-4362024, (legal description is attached as Exhibit A) at the comer
of Pike and Woodward,in the City\>~ Pontiac; ani!,
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Whereas, McLaren Oakland; fmmerly Pontiac
Ost<~opa'thicHospital,has
leased property identified as Lot
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lAP, Parcel ID #14-29~436-024 (legaldescriptionis attached as Exhibit A), from the City of Pontiac
since 1987 for hospital parkirlg;,and , . ) . . ·• ..
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offer
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purchase
the real property for $230,000, including
Whereas, McLaren Qakland
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tendered
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up to $15,000 for expellies and fees related to the ~ale oftlie prope1iy, in the fmm of a Purchase
Agreeme11ttothe City; and'
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Whereas, the Purchase Agreement having been reviewed and approved by the City Administration, the
City Attorney;· ~d the Real Est11te,Subcoillillittee; and
Whereas, on March 9, 2017, the City Councihmanimously waived the bid or auction requirements and
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approved a directs'ale of the real pro~erty; and/
Whereas, on March 9~2~17, the C\ty ~ouncil held a public hearing about the sale of Lot lAP to McLaren
Oakland; and
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Whereas, the Pontiac City <:;opncilllas been provided with a legal opinion from the City's Attorneys
concerning the history of the,ielationship between the pmties, the relevant emergency manager orders,
and actions taken by the emergehcy manager and city administrator; and
Whereas, Pontiac City Council believes that the sale of Lot lAP to McLaren Oakland is in the best
interest of the City in order to continue the relationship between the pmiies and strengthen McLaren
Oakland presence and commitment to the City of Pontiac.
Now, Therefore, Be It Resolved, that the City Council approves the sale of Lot lAP to McLaren Oakland
in the amount of$230,000, including up to $15,000 for expenses and fees related to the sale of the
property, and pursuant to the tenns of a certain Purchase Agreement that.has been presented to the City
Council.
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March 9, 2017
Be It Further Resolved, that the Mayor of the City of Pontiac is hereby authorized to take any action
necessary to accomplish and finalize the conveyance of the Lot lAP to McLaren Oakland, including but
not limited to executing any and all documents necessary to convey Lot 1AP to McLaren Oakland;
discharge the City's obligations in the record of title to Lot lAP; and to execute the Purchase Agreement
that has been presented to the City Council.
Ayes: Woodward, Catier, Holland, Pietila, Taylor-Burks and Waterman
No: None
Abstain: Williams
Resolution Passed.
17-79
Requestfor a 2"<1 reading of an ordinance to create an administrative hearings
bureau. Moved by Councilperson Woodward and supported~Councilperson Taylor-Burks.
Ordinance No. 2344
Section 1. Administrative Hearings Bureau
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Chapter 2 of the Code of Ordinances shall be amendelto,read as follil\vs:
ARTICLE VII.- ADMlt"'ISTRATIVE HEARlt"'GSBUREAU / >
Sec. 2-701 -Purpose.
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The city finds that the current ordinances h:lVe~operated in a manner that has been less than efficient and
effective in obtaining compliance among o~r)ieighbo~hoods. Thischapter is designed to define, prevent,
reduce, and eliminate blight, factors, and c:mse,s ofbli@t ~nd addressother quality of life violations in the
City that negatively impact {he public health, saf~ty, and-wiMare of the residents of the City. Consistent
with the State Statute, MCL 117.41c.ll7 .4q and iJ7 .4r, authorizing the cr.;ation of an administrative
hearings bureau, the City finds that changing building or property maintenance, , solid waste, illegal
dumping, disease and sanitation, noxiou~ weeds, and v<ehicle abandomhent and inoperative vehicles from
criminal1nisdemeanor or ciVil infractiQp)offenses to bllght violations punishable by a civil fine as
detennined following a hearingin the city administrative'hearings bureau is a more efficient and effective
way of gaining compliance.
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Sec. 2-702 c Definitions. · ·.
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The followi!Jg words and phnis~s as used in this chaptei shall have the meaning set fmth in this section
unless a dif[er((nt meaning is cl~luJY requi;edby the context:
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Blight means~ <:audition that impairs, destroys,.or deteriorates the prope1ty because of its decay,
improper storage, '6r,effect on property or quality of life including but not limited to such things as
garbage, junk, noxious ~veeds, inoperqtive vehicles, and waste. The proper storage of matedals or
equipment incidental to a!\~ necessafi for the carrying out of any business or occupation lawfully being
carried out on the prope1tyin., qu..,Sti<ll\. is not the cause of blight or a blighting factor if all applicable city
ordinances are satisfied. The piling and storage of firewood in a neat orderly manner for consumption by
the property residents is not blight.
Blight violation means a violation of any provision of this Code, regarding zoning, building or
construction, building or property maintenance or condition in buildings or on the premises; fire
prevention; illegal dumping, disposal of solid waste; noxious weeds, abandoned vehicles or inoperative
vehicles.
Building materials means any material or equipment used in the restoration, renovation or construction of
any structure or surface, including but not limited to lumber, bricks, concrete or cinder blocks, plumbing
materials, electdcal wiling or equipment, heating ducts and equipment, shingles, mortar, concrete,
cement, nails, screws, ladders, scaffolding, or tools.
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March 9, 2017
Garbage includes all animal and vegetable wastes resulting from the handling, preparation, cooking,
consumption, or decomposition of food.
Junk includes any abandoned, discarded, stored, unused object or equipment, regardless of viability of use
or value, stored in the open, including but not limited to motor vehicle parts, machinery, furnitui·e,
appliances, bottles, boxes, cartons, crates, or remnants of cloth, wood, metal, rubber, or other cast-off
materials.
Refitse includes garbage, rubbish, trash, debris, junk, ashes, incinerator ash or residue, street cleaning,
industrial sludge, solid commercial and industrial waste, animal waste, inoperable household appliances,
or broken or damaged stuffed fumiture, but does not include human body waste, liquid or other waste
regulated by statute, or fenous or nonfelTous scrap possessed by a commercial scrap metal processor or a
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commercial re-user of fenous or nonfenous products.
Waste includes any litter, garbage, trash, rubbish, or refuse that is a :usel~ss or worthless by-product of any
industrial, biological, or other such process and tends to create danger to public health, safety, and
welfare.
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Sec. 2-703.- Exclusions.
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The administrative hearings bureau shall not have jurisdiqtitm over criminal qffenses, traffic civil
infractions, municipal civil infi"actions; or state civil infraftions, other than prilvided for in this ordinance.
The bureau and its hearing officers shall not have the <{rithority to impose a penalty of incarceration and
may not impose a civil fine in excess of$10,000.00.Thlsprdinance 4oes not authorize a proceeding
against a foreclosing governmental unit as defined under section 78 of the general pr<)peljy tax act, 1893
PA 206, MCL 211.78, or an authority created under the limd'bank fas't track act, 2003 PA)258, MCL
124.751 to 124.774. The city may waive a fine for a blight violatib~ at an owner-occupied dwelling for a
first time offender of'a blight ordinance, if the offend~r has conected the circumstances for the violation,
within the time limit set by the Administrative f!earingOfficer. Thejrtrisdiction of the administrative
hearings bureau shall not be exclusive and nothi;lg in this ordinance wilfprevent the City from pursuing
blight or other violations in accordan~e with any other laws ql· cirdillances)
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Sec. 2-705 - Administratiye hearings )mreau-E.s!ablishment and cpmposition.
Effective April!, 2017, tlle,City Counclj establishes a11 office of the municipal government to be known
as the administrative hearings bureau ("l:iureau"), fm· adj1.1dicating alleged blight violations, making
detmninations, ofTesponsibilit0 and imposingsanctions'upon those found responsible for a violation.
The bure~1.1w<ill b.e administered an administratiye hearmgs officer, who will be appointed by the
Mayor, and staffed by other employees as may be provided/for in the annual appropriation ordinance. The
administrat(ve hearing office~serves solely at the pleasulre of the Mayor.
The adminis1r~tive hearings offite~ will b~·c~pensated as authorized by charter and as provided for in
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Sec. 2-706- Director-Powers and· duties.
The Mayor and the Cbllllllunity Dev~\opment Director shall be responsible for insuring that the
administrative hearings bu~eau is app~opriately staffed and provided for in the annual appropriation
ordinance.
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Sec. 2-707 - Administrative hearing officer-Powers and duties.
Each administrative hearing officer appointed by the Mayor must be either an attorney admitted to the
practice oflaw in the State of Michigan for at least five (5) years or a licensed building official or code
enforcement officer with at least ten (1 0) experience in municipal government and serves at the pleasure
of the Mayor. Each administrative hearing officer has all power necessmy to conduct fair and iffipmtial
hearings including, but not limited to, the power to:
The authority and duties of a hearing officer shall include all of the following:
(a) Hearing testimony and accepting evidence that is relevant to the existence of the blight violation.
(b) Issuing subpoenas directing witnesses to appear and give relevant testimony at the hearing, upon
request of a party or a pmty's attorney.
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March 9, 2017
(c) Preserving and authenticating the record of the hearing and all exhibits and evidence introduced at the
hearing.
(d) Issuing a detemlination, based upon the evidence presented at the hearing, whether a violation of this
Chapter exists. The determination shall be in writing and shall include written findings of fact, a decision,
and an order. The City shall have the burden of establishing the responsibility of the alleged violator by a
preponderance of the evidence. Unless the burden is met, the matter shall be dismissed. A decision and an
order shall not be made except upon consideration of the record as a whole or a portion of the record as
may be cited by any party to the proceeding and as supported by and in accordance with the competent,
material and substantial evidence. A decision and order finding the alleged violator responsible for the
violation shall include the civil fine, if any, or any action with which the violator must comply, or both.
(e) Imposing reasonable and proportionate sanctions consistent with applicable ordinance provisions and
assessing costs upon a finding that the alleged violator is responsiblel'of the alleged violation. The
maximum monetmy civil fine allowed under this section excludes c{sts of enforcement or costs imposed
to secure compliance with the City's ordinances and is not appli~able}o.enforce the collection of any tax
imposed and collected by the City.
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(f) In addition to the fines and costs imposed, the hearing officer shall impost< a justice system assessment
of $10.00 for each blight violation determination. Upon.]i"ayment of the assessment, the City shall
translfiit the assessment collected to the state treasury (o be deposited into thejustice system fund created
in section 181 of the revised judicature act of 1961, 196LPA 236, MCL 600.181. ·
Sec. 2-708. - Administrative hearing officer-Training\·equirenieilts.
Before conducting any admirlistrative adjudication proceeding, \l!l 11dministrative hearing Officer must
have successfully completed a fmmal trainjngprpgram administeted by the City Attomey and the
Director of Building and Safety, or their designee,'which include~at least the following:
(1) Instruction on the rules of procedure oftlie. admirlistrative hearings, which he or she will conduct;
(2) Orientati?n to each ~u?ject}rea of:he code''(iolations, \vhi~h he or she.will adjudicate;
(3) ObservatiOn of adnumstrallve he11nngs; and \
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(4) Patticipation in hypothetical case~;including rllling Ol). !vidence imd issuing final orders;
(5) The importance ofimpafiiality illth:~ conduct ofth<:>administrativehearing and adjudication of the
violation; and
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( 6) Instructions onthe preparation of a t:eeord .that is adequate for judicial review.
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Sec. 2-709- Instituting admiuistrativ~ adjudication proceedings.
To initiate ayroceeding fora.yi~lation ofJ.his Chapter, the City shall issue and serve upon an alleged
violator a written violation notice.on wllich an authorized local official records the occurrence or
existence of
~ore blight violations by th~ J2.erson cited and which directs the named person to pay a
civil fine for the viotation or appear A! the admihistrative hearings bureau as provided in this section. A
violation notice to appe.ar at an administrative hearings bureau shall be treated as made under oath if the
violation alleged in the rlo(ice occ~e# in the presence of the authorized local official signing the
violation notice and if the no(ice COf\thins the following statement immediately above the date and
signature of the official: "I de6lart;.nnder the penalties of petjury that the statements above are true to the
best of my information, knowledge, and belief.". An authorized local official may issue a violation notice
to appear if, based upon investigation, the official has reasonable cause to believe that the person is
responsible for a violation
If a landlord of premises rented in the city for residential purposes is registered with the city's rental
inspection program, the city shall not issue a violation notice during an inspection of the premises unless
either of the following occurs:
(a) The landlord is given a written correction notice of the violation and a reasonable oppmtunity to
correct the circumstances before a re-inspection of the premises or a date specified in the notice.
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March 9, 2017
(b) The violation is a direct result of the landlord's action or inaction and creates an emergency that
presents an immediate risk of harm to people or damage to property including, but not limited to, a
flooded basement or premises without heat.
Sec. 2-710- Response to Violation.
The person named in the violation notice shall appear on or before the time specified in the violation
notice and may respond to the allegations in the notice, as follows:
(a) If the alleged violator wishes to admit responsibility for the violation, the person may do so by
appearing in person, by representation, or by mail. If appearance is made by representation or mail, the
administrative hearings bureau may accept the admission as though the person personally appeared. Upon
acceptance of the admission, a hearing officer may order any of the sanctions pennitted under this section.
(b) If the alleged violator wishes to deny responsibility for the violation,, or adtnit responsibility_with an
explanation, the person may do so by appearing in person on the d&t(scheduled for the administrative
hearing for the purpose of adjudicating the alleged violation. .. . . {
(c) If the alleged violator fails to appear, a decision and orderofdef~ult may be entered, at which time the
administrative hearings bureau may issue any order consistent \\>ith this Chapter to address the violation
or the violator.
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Sec. 2-711 - Administrative hearings.
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(a) A patty shall be provided with the opportunity for* hearing during which they !llay be represented by
counsel, present witnesses, and cross-examine witnesses. ,The hearing shall be recorded by the hearing
office. The City Attorney may, but is not required to be, pre~ent and participate in any hearing. A patty
may request the hearing officer to issue subpoenas to direct the attendance and testimony of relevant
witnesses and the production of relevant dqcutne(lts. Hearings shall be scheduled with reasonable
promptness, except that for hearings scheduled in 'all nonemergency situations the alleged violator if he or
she requests shall have at least 14 days after service ofprocess to prepar~ for the hearing. For purposes of
this subsection, "nonemergency situation" meaus any situation that does not reasonably constitute a threat
to the public interest, safety, or welfare. If servic~ is provideg by fir~t-classmail, the 14-day period begins
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to run on the day that the :t;otice is depo~ited in the inaiL / /
In an administrative hearing under this section, the rules of evidence as applied in a nonjmy civil case in
circuit court shall be followed as far asp)·acticable, but' the hearing officer may admit and give probative
effect to evidence of a type conimolliy n;lied upon by reilsonably pmdent persons in the conduct of their
affairs. hTelevant, inimate:ial, or undnly repetitious. evidence may be excluded. Effect shall be given to
the rules of privilege recogrutoed by lilw, Objections to otfers of evidence may be made and shall be noted
in the recor(I. Subject to theset~quirement~, the hearing1officer, for the purpose of expediting hearings
and when thiHrterests of the parti~s will not ~e substantially prejudiced thereby, may provide in an
administrativelie~ring or by rulefo~. submissiolj of all or part of the evidence in written fmm.
Any final decision' by a hearing officer that a blight violation does or does not exist constitutes a final
decision and order for purposes of judicial review and may be enforced in the same manner as a judgment
entered by a court ofbornpetent jl!risdiction.
Sec. 2-712- Default. · '·.•.. ·. ,/
If an admission of responsibility is not made and the civil fine and costs, if any, prescribed by charter or
ordinance for the violation are not paid at the administrative hearings bureau, and the alleged violator fails
to appear at a hearing scheduled in accordance with this section, a final decision and order of
responsibility in the amount of the prescribed civil fine and costs may be issued by the administrative
hearings bureau.
Sec. 2-713 -Judicial review under the administrative review law.
A party may file an appeal within 28 days after entry of the decision and order by the hearing officer. An
appeal of a final decision and order of an administrative hearing officer is to the circuit court.
An alleged violator who appeals a final decision and order to circuit court shall post with the
administrative hearings bureau, at the time the appeal is taken, a bond equal to the fine and costs imposed. ·
A party who has paid the fine and costs is not required to post a bond. If a party who has posted a bond
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March 9, 2017
fails to comply with the requirements of the court rules for an appeal to the circuit court, the appeal may
be considered abandoned, aud the bureau may dismiss the appeal on 7 days' notice to the parties. If the
appeal is dismissed or the decision and order are affirmed, the administrative hearings bureau may apply
the bond to the fine and costs. An appeal by the city must be asserted by the City's Attorney and a bond is
not required.
An appeal to circuit com1 shall be a review by the court of the ce11ified record provided by the
administrative hearings bureau. Pending appeal, and subject to the bond requirement identified in this
section, the hearing officer may stay the order and any sanctions or costs imposed. Once an appeal is
filed, and subject to the bond requirement tltis section, the court may stay the order and any sanctions or
costs imposed. The court, as appropriate, may affi1m, reverse, or modify the decision or order, or remand
the matter for further proceedings. The court shall hold unlawful andset, aside a decision or order of the
hearing officer if substantial rights of an alleged violator have been prejudiced because the decision or
order is any of the following:
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(a) In violation of the constitution or a statute, chm1er, or ordinance... ·.,
(b) In excess of the authmity or judsdiction of the agency as confe1red by statute, chm1er, or ordinance.
(c) Made upon unlawful procedure resulting in material prcljudice to a pm1y:••.
(d) Not supported by competent, material, and substantia(evidence on the whd](; record.
(e) Arbitrary, capricious, or clearly an abuse or unwaJT~nted exercise of discretion"'
(f) Affected by other substantial and material en-or ofl~\v.
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Sec. 2-714. -Enforcement of administrative hearing offlc~r'sord~t.
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(a) Any fine, sanction, or cost imposed byan administrative.hearing officer's order that r.emains unpaid
after the exhaustion of, or the failure to exhaust, judicial reviewp(ocedures is a debt due and owing the
city and, as such, may be collected in accor(l~~ce \Vith applicable 1~'\
<.
(b) After the expiration of the period in which.Judicial re~lew may be ~~ught, unless stayed by a com1 of
competent jurisdiction, the fmdings; decision, and .order ofatl administrative hearing officer may be
enforced in the same manner as a jud~ent entered by a court of competent jurisdiction.
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(c) In any case in which a respondent
fails
to
comply
\Vith
au
administrative
hearing officer's order to
"'.,
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.
'
conect a code violation or imposing
a
fine
<Jr
other
sanction
as
a
result
of
a
code
violation, any expenses
-.,_ .
. . . . .,___
:. '
incuned by the Cit:Y to enforce the administrative lu~aring officer's order, including but not !intited to,
attomey's fees, court costs,'and costs 'related to property demolition or foreclosure, after they are fixed by
a court of c6mpetent jurisdictio1:1 or an ~01~nistrative he'aring officer is a debt due and owing the City.
Before an admjnistrative hearing·qfficer fixes, any expense, the respondent must be provided notice that
states that the rcispondent must appear at a hearing before an administrative hearing officer to determine
whether the respo~'dent has failed to~omply \vith the administrative hearing officer's order. The notice
must set the time for the hearing, "'hi(;h may not be less than seven (7) days from the date that notice is
served. Notice is suffic_i'(:nt if served by first class mail and the seven-day period begins to run on the date
that the notice is deposited'il1. the mail.
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(d) Upon being recorded in the rtianner required by the Unifmm Commercial Code, a lien is imposed on
the real estate or personal estate, or both, of the. respondent in the amount of a debt due and owing the
city. The lien may be enforced in the same manner as a judgment lien pursuant to a judgment of a court of
competent jurisdiction.
(e) Notlting in this section prevents the city from enforcing or seeking to enforce any order of an
administrative hearing officer in any manner, which is in accordance with applicable law.
Sec. 2-715. - Interest.
8
March 9, 2017
Except as otherwise provided by law, interest on any debt due and owing accrues at the rate set for
interest upon judgments.
Sec. 2-716.- Fines payable to the City Treasurer.
All fines and other monies paid to the City under this chapter must be remitted to the city treasurer.
Sec. 2-717.- Petition to set aside default order.
(a) An administrative hearing officer may set aside any order entered by default and set a new hearing
date, upon a petition filed within twenty-one (21) days after the issuance of the order of default, if the
administrative hearing officer determines that the petitioner's failure to appear at the hearing was for good
cause or, at any time, if the petitioner establishes that the petitioner was not provided with proper service
of process. If the petition is granted, the administrative hearing officer must proceed with a new hearing
on the underlying matter as soon as practical.
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/)
(b) If any order is set aside under this section, the administrative hea~lng officer must enter an order
extinguishing any lien which has been recorded for any debt
due.andowing
as a result of the vacated
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.:-,
default order and directing the city to refund any fines or penalties paid pursuant to the vacated order.
Sec. 2-718.- Petition by city department for relieffrom'·a final order of liability entered in error.
(a) After an order ofliability becomes final, the city department or agency, \Vhi~h initiated or prosecuted
an administrative adjudication before the bureau, may..file a written petition for relid from a final order of
liability entered in error with the bureau.
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(b) The written petition must be filed and signed by the depai:triient·6r agency head of the' initiating or
prosecuting department or agency and musi set fqrth facts alleging that the order of liability: (I) was
entered in enor; (2) is unsupported by the r~cord;(3) is inconsistent \yith applicable provisions of this
Code; and (4) should be vacated to avoid a mlscaniage'ofjustice. Theal}thority to file and sign a petition
under this section is expressly reserved to the department oi·agency head and may not be delegated to
other department or agency officials .pr personnel:,
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(c) Upon the filing of a ,vfitten petition'py a department or agency head, the bureau must schedule a
hearing on the petition. The SC()pe of th(hearing is lnnfted to the merits of the petition and may not be
expanded to constitute
of the underlying
n6tice
of violation.
- -.______ a re-litigation
<
- >-> -\
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(d) If a petition is granted; the final order of liability must be vacated. If an order is vacated under this
section, the _,_administrative hearing
officer
must enter an'order extinguishing any lien that has been
';
\,
-- ----recorded for any debt due and mving as a result of the vacated order and direct the city to refund any fines
or penalties paid·pursuant to the v~cated order:
Sec. 2-719. -Election of remedies.\
The bureau may not ~b1)duct an adhu4istrative adjudication proceeding for an alleged violation of this
Code where the requestea..remedyjsalpunishment of imprisonment; provided, however, where a violation
of the code is punishable by·fine,s a11d' other penalties in addition to ilnp1isonment, the city may elect to
institute an action with the buieaua6d
thereby waive any ilnprisonment for the code violation. Nothing in
/
this chapter, however, precludes the City from seeking the remedy of imprisonment in a court oflaw,
including imprisonment for failure to comply with the order of an administrative hearing officer.
Sec. 2-720. - Administrative adjudication procedmes not exclusive.
Notwithstanding any other provision of this chapter, neither the bureau's authority to conduct
administrative adjudication procedures nor the institution of such procedures under this chapter precludes
the city from seeking any remedies for code violations through the use of any other administrative
procedure or court proceeding where authorized by law. Further, the City is not required to use the bureau
for the adjudication of any violation of this Chapter and may elect to pursue any remedies otherwise
available under the law.
Sec. 2-721.- General violations.
9
March 9, 2017
A violation of the following types of ordinances may be deemed blight violations:
Building or property maintenance
Solid waste and illegal dumping
Disease and sanitation
Noxious weeds
Vehicle abandonment, inoperative vehicles, vehicle impoundment, and municipal vehicle licensing
The placement of right-of-way signage in a right-of-way without a proper penni! from the City.
A violation of the ordinance that is substantially the same as sections 138 to 142 of the housing law of
Michigan, 1917 PA 167, MCL 125.538 to 125.542.
Sec. 2-722. - Penalties.
All blight violations under this Code are subject to enforcement bythe'wocedures and penalties outlined
in this chapter. The City Council will establish a schedule by resoluticm/for the potential fines for
violations by resolution, and as amended from time to time.
/
The administrative hearings officer may waive a fine for a yiola~ion at a!' owner-occupied dwelling for
the f11·st time offender of a blight ordinance, if the offender has'coll'ected the circumstances for the
.\
·. ·· '·. ·.
'
violation.
Except as otherwise provided, if the civil fine and costsitr:posed against a pe~son under this section are
$l,OOO.QO or more and the person does not pay the civil fine and costs imposed ~vitllin 30 days after a
final decision and order of the hearing officer or of the circuit court u,nder this secti<in, the person is
subject to the following:
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(a) For a first violation, the person is responsible for a Municipal civil infraction and may be ordered to
·
pay a civil fine of not more than $250.00. . · .
(b) For a second violation, the person is res~9nsible f()r a Municipal civil infraction and may be ordered to
pay a civil fine of not less than $250 and nofinore thaii. $5pO.
.
(c) For a third or subsequent violation, the perso1,1 is guilty dfa misdemeimor punishable by imprisonment
for not more than 90 days ora
of not more than $500.00, or'bo.th.
J
Section 2-723 does not apply to anyofthe followhlg that be6omes the owner of a property after
foreclosure or after taking'a_deed in lieu\offoreclosJ.lfe;//
/
(a) A government-sponsored enterprise. As used in this• subdivision, "government-sponsored enterprise"
means that term as defined in 2'U!>C622(8), or the Michigan state housing development authority created
under the state housirigd~velopment~uthority act of 1966>1966 PA 346, MCL 125.1401 to 125.1499c.
(b) A fmancial institution.'As used in'this subdivision; !!fina'ncial institution" means that term as defined
in section4(c) of the Michigan-strategicfl!nd act, 1984PA 270, MCL 125.2004.
(c) A mortgag<;: servicer, as that term is defined in section 1a of the mortgage brokers, lenders, and
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'
sen•icers licensing act, 198TPA 17~-' MCL 445,,1651a, that is subject to the mortgage brokers, lenders,
and servicers licensing act, 1987 PA\173, MCI:'445.1651 to 445.1684.
(d) A credit union service organizatio~ that is organized under the laws of this state or the United States.
Section 2-723 does not~pRly to the owner of a propetty if, at the time the civil fine and costs are imposed
against the owner, the o'V!'e1;_,had filed a principal residence exemption affidavit as provided under section
7cc of the general property hd:.act,l893 PA 206, MCL 211.7cc, cettifying that the property is owned and
occupied as a principal residencehy that owner.
An entity described in this Chapter that becomes the owner of a propetty after foreclosure or after taking a
deed in lieu of foreclosure shall adhere to all ordinances relating to vacant property or blight violations
adopted by the city that established an administrative hearings bureau under this section.
As used in this Chapter, "person" means an individual, partnership, corporation, limited liability
company, association, or other legal entity. Person includes the partners or members of a f11m, a
partnership, or an association and the officers of a corporation.
Section 2. Severability.
If any section, clause, or provision of this Ordinance shall be declared to be unconstitutional, void, illegal,
or ineffective by any Court of competent jurisdiction, such section, clause, or provision declared to be
fine
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10
March 9, 2017
unconstitutional, void, or illegal shall thereby cease to be a part of this Ordinance, but the remainder of
this Ordinance shall stand and be in full force and effect.
Section 3. Saving Clause.
A prosecution which is pending on the effective date of this ordinance and \vhich arose from a violation
of an ordinance repealed by this ordinance, or a prosecution which is started within one (I) year after the
effective date of this ordinance arising from a violation of an ordinance repealed by this ordinance and
which was committed prior to the effective date of this ordinance, shall be tried and determined exactly as
if the ordinance had not been repealed.
Section 4. Repealer.
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed only to the extent
necessary to give this Ordinance full force and effect.
Section 5. Publication.
.
.·.
The Clerk shall publish this Ordinance in a newspaper of general circ'Ulation.
Section 6. Effective Date.
•.
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·, ·,
This Ordinance shall be effective, which shall be at least t~h days after dateo[ adoption by the City
· •,
Council.
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Ayes: Woodward, Carter, Holland, Pi~lila, Taylor-Burks and Watetrnan
No: Williams
'·,,
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Ordinance Passed.
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17-80
Resolution request for approval to conduct a DPW feasibility study. Moved by
Councilperson Woodward and supp01ted byCouncilperson TaylorcBritks.
.
•,
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Whereas, The City of Pontiac w~suqder state r.ieivership with)n Emerg~i1cy Manager from 2009 until
~~;;.e:~~~any
pri~~tized o~isour6~d;
>
city servi<feswere
and
and,
Whereas, the Depmtment or'Public Works (DPW) was' heavily impacted by the outsourcing and the
selling of the fonner DPW siteaqdthe DPW equipment;'and,
Whereas, now the city is under Home Rule Charter. and the,Pontiac City Council recommends an cost
analysis on all DPW staff,'equipment>and housing to explOre options to better service the citizens of
Pontiac, tmd;
' >>-, "~
}
Whereas, The Pontiac City Council strongiy..believes that returning DPW related city services would be a
greater serviceto.~he citizens ofPd~tiac, and;"\
Now Therefore Be'It Resolved, that the Pontiac City Council request that the Executive Office conduct a
DPW feasibility stud~·in regards to itf-house services in comparison to contracted services.
Be it Further Resolved that the Pontiap City Council recommends that this request be completed by April
5, 2017.
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Ayes: Carter,'Holland, Pietila, Taylor-Burks, Waterman, Williams and Woodward
No: None
Resolution Passed.
17-81
Resolution request for approval to conduct a DPW Cost Analysis. Moved by
Councilperson Woodward and supported by Councilperson Pietila.
Whereas, The City of Pontiac was under state receivership with an Emergency Manager from
2009 until 2013, and;
Whereas, many city services were privatized and outsourced; and,
11
March 9, 2017
Whereas, the Department of Public Works (DPW) was heavily impacted by the outsourcing and
the selling of the fotmer DPW site and the DPW equipment; and,
Whereas, now the City is under Home Rule Chatier and the Pontiac City Council recommends
an cost analysis on all DPW staff, equipment, and housing to explore options to better service the
citizens of Pontiac, and;
Whereas, The Pontiac City Council strongly believes that returning DPW related city services
would be a greater service to the citizens of Pontiac, and;
Now Therefore Be It Resolved, that the Pontiac City Council request that the Executive Office
conduct a thorough cost analysis that includes salaries, equipment purchasing pricing, and a cost
estimate of a new location for a DPW site.
'
Be it Further Resolved that the Pontiac City Council recommeng/that this request be completed
by AprilS, 2017.
/
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Ayes: Holland, Pietila, Taylor-Burks, Watenmin, Williams, Woodward and Carter
No: None
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Resolution Passed.
There were 14 individuals who addressed the body duifug public coiQI11ents.
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Councilman Don Woodward left meeting at 8:35p.m.
President Patrice Watetman left meeting at 8:37 p.in.
City Clerk Sherikia Hawkins, City Attomey Tn!xis Mihelick, Councilmatt Holland, Councilman Carter,
Councilwoman Taylor-Burks, Councilman Williams and Pro-Tem !yfary Pietila made closing comments.
Pro-Tem Mary Pietila adjomned meetin\ at 9:38 p.~. / /
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SHERIKIA L. HAWKINS
CITY CLERK
12
March 16,2017
Official Proceedings
Pontiac City Council
177'" Session of the Ninth Council
A Study Session of the City Council of Pontiac, Michigan was called to order in City Hall, Thursday,
March 16, 2017 at 6:00P.M. by Pro-TemMmy Pietila.
Call to Order at 6:00p.m.
Roll Call
Members Present: Holland, Pietila, Taylor-Burks, Williams and w6odJard.
Members Absent Carter and Waterman.
. / .·,(
Mayor Wate1man was present.
·•··....
Clerk announced a quorum.
:,\
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17-82
Excuse Councilperson Randy Cat'ter.~~d Patrice Water~an, for personal reasons.
Moved by Councilperson Woodward and supporh!dbyCouncilperson Tay1or'Bti'rk;s.
<'"'
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Taylor-Burks,Willia,_ms~ndWoodward
Ayes: Holland, Pietila,
No: None
: '>·.
Motion Carried.
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There were 12 individuals who addressed ihe'bpdy atri1hg public c6niin~nt.
Councihnan Randy
Cart~r'agiv~dat..(5:07 p.m. \ ,
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17-83
Cou~cll;fdfled Th6~a) E. Denek~·n;~n~k Contracti~g Application for Industrial
Facilities tax Exemption q~rtificate;t9)the agenda.lY(oved by Councilperson Williams and suppmted
by Councilper~onWoodward.:"\.. .> •,
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;.-.>:)_:/t;:>>~
',,,•<:::>;.:''._;~~;) ',•
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~~~~:~~V',~)~aylor-~~ks, Willia~s,,foodward and Holland
\::.:·:·:.:.'·>:---,_,
0
··~~otion Carrie~\
·.
~''>)
17-84
·. · .(\pl!roved the Agenda for Study Session. Moved by Councilperson Woodward and
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suppmted by Councpj:Jerson Tayhif;Burks.
<;:.:::_:~
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Ayes: Ta~!or,::~ll5fs/Williams, Woodward, Holland and Pietila
No: None .; :• )!;/
Motion Carried.
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Agenda Items for City Council Consideration
1.
2.
3.
4.
Request for approval of the City of Pontiac Solidarity Statement.
Request for approval of ATPA Grant Contract with Oakland County.
Request for approval for the Tree Services and Tree & Stump Removal.
Request for IFT Exemption Ce1tificate for Thomas E. Denek, Denek Contracting.
1
March 16,2017
17-85
Council schedules a public hearing on March 23, 2017 at 6:00p.m. during regular
Council meeting for the Industrial Facilities Tax Exemption Certificate. Moved by Councilperson
·
Williams and suppmted by Councilperson Taylor-Burks.
Be it Further Resolved, that the Pontiac City Council will schedule a public hearing to approve
the Application for Industrial Facilities Tax Exemption Certificate for Thomas E. Denek, Denek
Contracting on Thursday, March 16, 2017 at 6:00 p.m. in the City Council Chambers, located at
47450 Woodward Avenue Pontiac, Michigan 48342.
Ayes: Williams, Woodward, Carter, Holland, Pietila.a~d Taylor-Burks
No: None
/ . . .\
Resolution Passed.
2
DEPARTMENT OF COMMUNITY DEVELOPMENT
MEMORANDUM
TO:
Honorable City Council
- :)
r,_)
FR:
Garland Doyle, M.P.A., CNP, Deputy Director, Community Development :Department
THRU: Jane Bais DiSessa, Deputy Mayor
DA:
March 21, 2017
RE:
Thomas E. Denek, Denek Contracting Application for Industrial Facilities Tax
Exemption Certificate
Thomas E. Denek, Denek Contracting has submitted an application for an industrial facilities tax
exemption cetiificate.
Mr. Denek is requesting that the City of Pontiac establish a Plant Rehabilitation District for the
following parcels as provided in PA198 of 1974. Parcel numbers 14-33-435-005, 14-33-435-017
and 14-33-436-042 commonly known as 451 E. Wilson Ave.
Denek Contracting builds home foundations. They are proposing to move their company
headquatiers and 50 employees into the City and rehabilitate the former Planet Machinery
Company building that has suffered decades of neglect.
The company will make a $285,000.00 investment $226,000.00 in real propetiy and $59,000.00
in personal property. The project will create 15 new jobs and the company will move 50 existing
jobs to Pontiac. A total of 12 years is requested for the exemption.
After consulting with the Finance Department, the Community Development Depmiment is
recommending approval of the establishment of the plant rehabilitation district and subsequent
approval of the application for an industrial facilities tax exemption cetiificate. Denek
Contracting application for the Industrial Facilities Tax Exemption Certificate and the memo
from the Finance Director are attached.
In accordance with the IFT regulations, before this application may be considered, a plant
rehabilitation district must be established. Prior to the district being established, a public hearing
is required. After the district has been established, then City Council can consider the
application. City Council will also have to conduct a public hearing prior to approving the
application. As such, the following resolution is recommended;
47450 WOODWARD AVE., PONTIAC, MICHIGAN 48342 • (248) 758-3030 • Fax (248) 758-3292
Whereas,
Thomas E. Denek, Denek Contracting has submitted an application for an
Industrial Facilities Tax (1FT) Exemption Certificate to rehabilitate 451 E. Wilson
into Denek Contracting Headquatters; and
Whereas,
Application has been sent to the Office of the City Clerk for cettification; and
Whereas,
before acting on said Application, the City must establish a Plant Rehabilitation
District for the following parcels 14-33-435-005, 14-33-435-017 and 14-33-436042 as provided in PA 198 of 1974. The legal description for the parcels are
attached as schedule A; and
Whereas,
the Plant Rehabilitation and Industrial Development Act (Industrial Facilities
Exemption) (PA 198 of 1974, as amended) Version 3/31/2014 MCL 207.554,
requires that before adopting a resolution establishing a Plant Rehabilitation
District, the governing legislative body conduct a public hearing,
NOW, THEREFORE, BE IT RESOLVED, That the Pontiac City Council, direct the City Clerk
to schedule a public hearing on March 30, 2017 in accordance with the Plant Rehabilitation and
Industrial Development Act (Industrial Facilities Exemption) (P A 198 of 1974, as amended) .
cc: Nevrus Nazarko, CPA, Finance Director
Travis Mihelick, Esq., City Attorney
47450 WOODWARD AVE., PONTIAC, MICHIGAN 48342 • (248) 758-3030 • Fax (248) 758-3292
Pontiac City Council Resolution
Now, Therefore, Be It Resolved, that the Pontiac City Couucil will schedule a public hearing
regarding a Plant Rehabilitation District for parcels #14-33-435-005, #14-33-435"017 and #1433-436-042 commonly known as 451 E. Wilson Ave. on March 30, 2017 at 6:00p.m. in the City
Council Chambers, located at 47450 Woodward Avenue Pontiac, Michigan 48342.
Memorandum
To:
Pontiac City Council
From: Jane Bais-DiSessa, Deputy Mayor
Nevrus Nazarko, Finance Director
Date: 3/16/2017
Re:
Denek Construction 1FT request
Mr. Thomas E. Denek has requested a 12 year Industrial Facilities Tax exemption on the
propetty at 451 E Wilson.
Tite propetty's taxable value in 2016 was $358,000 and the total tax paid for all jurisdictions
was approximately $19,900.
The assessing depmtment conducted a review of the propetty on December 20, 2016 and based
on the factors such as occupancy, percentage of completions, permits issued etc., revised the
2017 tentative taxable value at $154,820 which in tum will bting the total taxes for the 2017 tax
year, around $8,400. City's pmtion ofthis tax will he approx. $1,800.
If the City Council was to approve the IFf Rehab exemption (as the owner is requesting), the
taxable value will be "frozen" at the cmTent level and so will the tax collected.
In their proposal, Denek Constmction, indicates that they will bting in 56 employees, which in
turn will bring some additional income tax revenue. Given the nature of constmction workers
(location worked), it is hard to fignre out how much income tax revenue will be generated,
however as an estimate, a 2million dollar payroll brings in $10,000 income tax revenue
assuming it is on a non-resident rate.
This analysis is based on the current taxable value and if the building was to be used by another
company with different set of factors and circumstatJces, the numbers presented will change.
Based on this analysis, the City will be able to bring in more revenue that we are cmTently
receiving.
City ot Ponilac, Michigan
2·2·20:17
'fhomas t: Oenel~
47$ Helmand
nochestm·Nllls, Ml 41l307
58G·246·277S
RE: 451 E Wilson Avo, i'ontiac lVII t!83411FT
To whom It rno.y concern:
11·cspcctfully request the City of Pontiac establish a Plant Rehabilitation District for the following Tax !D's
as provided In PA·19U of1974.
·rax ID: 14·33·435·017 & 14·33·435·042 a, 14·33·43S·OOS
Commonly !mown as: 451 EWilson Ave, Pontiac IVII4B341
We wish to move lhe lleadqunrters of our company and o~u· SOt employees into your city ami
rehabllliate tho build In~ that has Sllffercd decad!ls of neglect. Please consider this os on official request
with the accompanying application for lmlustrloll'iiCilltlcs Ti!X Exemption Certificate.
Ilulust!'iul Fndlilio3 Exemption Applic~lion C11eddist
Atlplienul
l'lmue:.:.'ifktfl15 ~.{{_{)§Ale!~=.~~---·'·
GE~mAL
~J /
I'J
0
0
0
0
[}
~···~~.....
INFOlti'I.IA'l'ION NEilOED FOR ALL Al'l':LICATIONS:
Completed Department of'l'reamuy oppliculion !lom1 1012
81C/NAICS Code ··oligiblobusiuoss Z 3 2i'U 0
Cciillied copy ofilio rwoluliou upprovlng ll10 Dislrict. IDD.......- l'RD ---·
0 Wns tho request for the District done pdor to oonslmction'li(WN)
Ccrlll\cd copy of tho rcsolollon npproving the opplicaliou (must h\clude lhc following s1ntcmcnts):
0 ...SLlV ofcenloud 1let60lmltlloporty WII,UWU,LNOT o<cccd 5% of .....
0 ... shnll uot hnvc 1hc offoot of 5Ubalanilolly hnpodlng ..... or impniriug the finunclnl soundn., ...
0 'fot111 of I!JI;l uxemptiuu oplllovcd by tho localgoveruntOlllal 1mlt
Lolto1· of t\IJ'(f'..ement signell by tho lorm1 unit and tho ap11licant pm· MCL 207.5'}'2,
Affiduvll ofl'oos signed by ibo looal unit nnd tho nppllcont.
l>roofufR~.Jul PW11ody ConGlnwtjon Ocain Dnto (Building [1ctU1it1 Footi.ug11 Iuspccl:ion, Signed Affidavit
f\·Qm Contractor, etc).
0
List ofMncbiuoty and ll<tnipmcu! with inslnllalion dnlc8.
ttllHAil ONLY:
0
(I
JfmncWncry OJHl e<tnipmcut is hciug rohubilltuted, n liBtofmachiucry, equipment uud fmnilm'<J nnd
fix.tlln):J 1 inchtt.Hng cosl ttud iu!ltullallou c.lat~s.
Slgnod Obsolcscouc~ 3t.ntement nom nose-BSOi".
Sl'llCUJA\,'l'IVE QNL'l:
0
[)
0
Cettillcd copy of ilio rosolnliou to eslobllsh n SJ>ccnlnlivo buildlng.
Stntcmont of non-Qccupaucy from tho owucr tllld tho LISSc-Suor.
WU9111o spcculu!ivo building couslntr.icd bofoN u npccilio usorwns ldeulllied1 MCL 20'/$J(8)(b). (Yil'Q
'l'RANSl!'l!:iltB ONLY::-----:--:
0
fJ
0
CcrtH1etl copy of tho ll!tlolutiou npproviug tho transfcr.
Notico WM glveu to tlw holder, LOU) assessor and oUtol' locql nuthodtio;}s for he!n'intt·
NamoClml1ge Only? lfso, did wo got prool'ofsome ownership? (Yil'l)
REVOCh.'fJONS ONLY: o Roul Proporly
o Pcrconol Pr011crty
o Both
Slntutory Rmmon fo1· RQvocation:~-~~o-~""~·-~--~-,---~--~~~-~-·~----0
CcrHficd oopy uf the rcsolulion opproving ihei~VOCR!ion.
AIVIENI.lMII5NTS ONJl,1(:
0
11
o Extension:
to
o Iucrcoso:
to
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n Au1oudcll npplicution
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S\ulo Tnli Coum~ss!on Ruh Humb\'!r 67: Curnphlt!J applic~Uon!l approwd by tlw locnl unll nnd r.;cclvl!d by lh~ Sla\Q 'faxCcmm!sshn by O<.lob11t 31
eud1 Y'l'~l \'llll.u) atle<-1 uj)tln by Oecernbar 31. Appfteatlons recotvOO a!Rr OctoOOr 31 may ba acle-d up(lnln U1o fo~oy;tog yoar.
Loca,l UnU: Mall ono Oflulnalond on? o;opy of UIQ wnlplQ!cll ilpjlfica\kn\ ond oil requirod nlbchmenls- to;
Mlthluiln OeparluHmt ofl'teawty
Uluto 1't~x Cotnml:!ttloll
POUoxl0411
lansing, Ml •!fHI09
(ror guaranlccQ recdpliJy tho STC, It i9 rocQmnwrnletl that appllcallons are sent by cerlined mail.)
UVIt>fWVEiVIl:\1\'i'S ARE E\S f-OLLOWS:
Hoof Rcp<1lr~
Door C\cphl<:emel\\s
Paint & I' lashinG ReJlah·
I'ROPt;RTV
$5,000.00
$23,000.00
$54,000.00
$6,000.00
$6,000.00
$?S,OOO.OO
$1.5,000.00
$15,000.00
$1.0,000.00
$12,000.00
Demolition
floorlns
lns\rlallo11
lluthroom ncpnirs
lot nepnlr5
Cleaning
Hen tins Repah·
mrAt
P~llSONI\l
H~At
$226,000.00
t'HOI'I:lt'fY : INST/\1.1.1\"fiOl'! 'iO 13~ COIVIJ'I.In'~l) BY M.·20j.'l
$ 10,000.00
Compute!' System
Upgrudlng Lighting
Security System
$ 30,000.00
$ 19,000.00
TOTAL
rDTAl
$59,000.00
This building is approximately 40,000 square feet of W8rehous<> space with a
1,400 Stlllflre feet oftke. The building is In a state of disrepair from years o'i
neglect and ~ lealdng roof. !his building has not been updated since the :l970's.
We Intend to refurbish it to house our e><cavation, trucldng and foundation
company. The ware house will mainly house our trucl<s and equi11ment and
shelter from theft, weather and vandalism. Our office staff of 6 will operate out
of the office and our 50 employees will be based out of there also.
Fir·siA/tWricuu Title lusunmce Company
GCI-It:DULE A • CONTINUED
tonti oltllntvd In lho GUy of Poull<tC, Ooldtmd County, PJIIchluan, to . wJt:
I'AHCEL ·1: Lot 24:1, oxcapt tho Wont 390 filot, helnu also <loscrlbetl a\t tho Euotorly 6G0.4l feet of Lot
243, of I'~HilV FAHM Alllll'fiON 'fO THE CITY OF PONTIAC MIG I-IlGAN, accordlnu to tha plat llw1~of as
recordod In LU.101' Gor Plals, pauo 4!J, Oaldtmd t:;ounty Hocorda.
ae
PAIWL'l. 2: Coml\~enclnu ~tlho N01thooot OOr\101' of U\o Eusl Wilson Avenuo Subdivision, I'OCOI'dod
In l.ll>el' 2·1 of Plato, Paoo 2U of U"' Ot)l\land County Reghlor of Deo<le and tho principal t>laco of
beginning of parcQI hot·cfn ch.mci'lbo-d; ~hunco boarlnu North ?.0 degreGs 24 mhmto~ 05 soconds East, £1
dlotanco of •JO"T.Oa feat to a point In tlw Southerly line ofthe t:aat Boulevard Sub<llvlslon, as recorded tn
tilrel' 22 of Plato, Page Gol' tho Oal<lalul County Heotstor or Deeds; the nco along tho Southerly Uno of
sold East l:loulword Subdivision, bear·lng South 63 dogr~ea 3·1 minutes ?.6 6econds, a dlslal\co of
69$.20 foot to n polnl on tho Western right ol way line of East liloulevard, oaltltlolnl60 loot Westerly 011
tho contorllno ol unlct Eaol Boulevard; lhonca along tha Waetern right of way llna of said East
13oulovard, bearing South 01 degroec 2G minutes 30 seconds East, a distance o! •110.02 [eel to the point
of lntorooctlon wlllllho Norlhorn right of way II no of Wll$on Avqnue; fh~nco nlonglho Northern right Qf
way lilw o! said r;uat Wilson Avanuo, hearing No1th OS degrees 22 minutes 16 seconds Wost a dlstnnco
o! 6'1.'17 foot to ll!l anolo point; thence continulry!J along tho Northom light of wny llno of s•ld l!n"f
Wilson Avonuo bom·lng South U7 dou•·oes 26 minutes 'lo ee~onds West a dlslanco of 50.4'1 feet to a
po!nlthoroon; lhonce homing Norlh 62 dogreos 06 mlnutos 29 seconds West a dlstanco or 650.'16 feet
to lim prlnult'ul plano o! boolnnlng, said Uno followln~ tho Northerly line of ahovo described Parcel No.
·J, baing tho Nortlw1ly llno of l.ot 243, "FERRY FAI~MS AllDl'fiON", as mconlod In Ubo1· r, of Plats, Pogo
~6, Oal\land County Heco1·do.
PARCEL 3: Lois 10·1, 762, 763, and 764, ol SlJBOIVl310N Of' niB NOlm-1 '1/2 OF LOT 246 ~XG~I''f
WEST 160 Ftm't', 3 •1/2 Ol' LOT 24~ ~XCEP'f WEST 160 FE~l' AND EAST 36'1.6 FEET OF WEST 6'1'1.6
l'r:er 01' N '112 OF 1.0'1' 240, AND ~AS'f 360.2 Hcl:f 01' WES)' 616.2 FEET OF l.OT 2~4. Ol' fEHRV FARM
ADDITION, CITY OF PONTIAC, OAI<LAND GO, IVIICJ.I, oc.:ordlng to U1e pint thereof uo roCOI\ied In Llber
1U of Plats, pogo •16, Onldund 'counly Records.
PAHCEl. 4: lot •J'f, of EI\ST WII.SON AVENtm SIJBIJIVIS!ON OF WliST ?.40' 01' EAST 600' OF LOT Z43
ORIGINAL PLAY OF FliRRY I'AH!\11 ADDITION TO CITV OF PONllAG, OA\{1./\NI) CO., MICHIGAN,
uccoHIInu to th0pl<.~\ thereor as recorded lni.U>Gi' of Plots, pngp. 20, Oat-<land Connty Hocords.
Commonly Imown fro:
•lo11:: Wllcon Ave, l'ontlac, Ml43~~·1
T(>ll 10: '14-33·436-0'17 IJ, '14-33·•130·04?. & ·J4·33-43G·00o
1111N j)J'OfJt'f/y addres~ muiJor to:< pal't:d lfllltlbcr or11 provided .wtclyfor
tlt.'Citrt1Cy and/or completeness ami tJre uot /IIJitJ'ed."
Schedulo 1\ Continued- 2000 ALT/\ Commtlrnent
lnjormnlfonnl pmpru·es, wlllumt wm·rmuy (IS to
CITY OF PONTIAC
OFFICIAL MEMORANDUM
Executive Branch
TO:
Honorable Mayor, Council President and City Council Members
FROM:
Jane Bais-DiSessa, Deputy Mayor
DATE:
November 16, 2016
Subject:
Proposed Resolution - City of Pontiac Solidarity Statement
Background:
In protest of President Trump's immigration agenda, on February 16, 2017 hundreds of
Pontiac residents participated in the "Day without Immigrants" march. For additional
information, a copy of the Oakland Press news article entitled: "Hundreds march through
Pontiac for a Day without Immigrants" is attached. This march ended at City Hall
requesting that Mayor Waterman address their concerns regarding the City's immigration
deportation policy.
In response to their request, Mayor Waterman invited several leaders of the Latino
community to meet with the Sherriff Bouchard to directly address their concerns. At this
meeting, Sherriff Bouchard stated that the Oakland County Sherriff's office was not
responsible for enforcing of federal laws, and assured attendees that they were not
working with the U.S. Immigration and Customs Enforcement (ICE) agency regarding
these matters.
Recommendation:
To further assure Pontiac residents that the City of Pontiac is a welcoming, safe and
secure place for families to live in, it is respectfully requested that the City Council
consider approving the attached resolution in support of a solidarity statement. It is also
respectfully requested that it be read in Spanish.
Attachments
The Oakland Press (http://www.theoaklandpress.com)
Hundreds march through Pontiac for A Day Without Immigrants
By Natalie Broda, [email protected]" @NatalieBroda on Twitter
Thmsday, February 16,2017
As the sun rose over downtown Pontiac on Thursday, Feb.
16, so did the voices of hundreds of members of the
Hispanic and Latino communities as they marched from
Edison St. to City Hall, hoisting signs into the early
morning air with cries of"Latinos Unidos," or, "Latinos
United."
The protest was a part of a strike taking place across the
country on Thursday asking members of the Hispanic and
~---Latino communities to boycott attending work or school to
. highlight the contributions immigrants make on a daily basis. The social-media trending rally "A Day
Without Immigrants" is a response to the immigration agenda of the Trump administration.
In Pontiac however, it was also a response to recent fears circulating throughout the community due
to sightings of Border Patrol officers in the city, with some residents claiming school children are
being stopped by Border Patrol on their way home from school and others saying that the officers are
waiting outside oflocal businesses to conduct sweeps.
RELATED: See more photos from the protest at Media.TheOaklandPress.com.
Just before dawn
Around 250 to 300 residents, with many bringing their children in toe, showed up from 7 to 8:30 a.m.
in the parking lot next to Creative Employment Opportunities, 345 Edison St. in Pontiac before
marching down Saginaw Street to City Hall. The march was organized organically via social media.
"It's not fair," Edgar Rivera, 25 of Pontiac said of the fear of deportation which is now prevalent in
the community. "We're all humans. Things can be fixed in a different way. It's just ridiculous, I
understand looking for criminals but they're separating families."
Several Oakland County Sheriff vehicles escorted the crowd down Edison and Saginaw Streets to
City Hall while Elvis Garcia, 36 of Pontiac and Martha Contreras, 50 of Pontiac and a local business
owner, road in the back of a pickup truck ahead of the march leading chants such as; "We are not
criminals, we are hard workers, we are not rapists."
"We didn't do 9111, we are not terrorists," Garcia said. "People here are insecme, they don't want to
go out from their homes and put food on the table."
BUstitess lost
Del Pueblo Tortillas & Grocery, a family business established in 1968 at 511 Perry St., serves up
specialty foods and groceries to a community which Owner Contreras said is now afraid to visit her
shop.
"It affects our business, people are afraid because (Border Patrol) won't park out in front of a Kroger,
but they're hauling people from our parking lots asking for papers while people are shopping,"
Contreras said. "I've seen a drop in business everywhere but if you're not into the Hispanic
community then you just don't know what's going on."
Contreras is a sixth-generation immigrant in Pontiac. Her 82-year-old father came out with her to the
march.
"He's been here all his life as a factory worker, a shop worker. .. he's lived it all and he told me that in
this year he's never seen so much going on. They're tearing families apart, not only going out to job
sites, but stopping us randomly on the streets if you have a Hispanic name."
Students impacted
Maricruz Avitia, 57 of Pontiac and a school guidance counselor at Pontiac Academy for Excellence,
said that more than half of the 300 Hispanic and Latino students at the school have stopped attending
class in the past weeks.
"That's our main concern as educators. We need to protect our children. They're missing school.
Why? I call their parents and they say they're afraid to send their students to school. My students who
do still come to the high school are afraid they won't be able to get into university because of this,"
Avitia said.
Detroit chimes in
Erik Shelley, communications coordinator for Michigan United, said thousands of people marched in
downtown Detroit on Thursday for the same purpose. That march, organized by Michigan United,
started at Clark Park in southwest Detroit and traveled three miles with an energetic crowd.
"It was well into the thousands. I was ... posting a live video of them walking by and it seemed to go on
for blocks and blocks," Shelley said.
At City Hall
The march wound its way to Pontiac City Hall, stopping traffic crossing Woodward Avenue along the
way. After several small speeches, the crowd began to chant for Pontiac Mayor Deirdre Waterman to
come outside. Minutes later, Waterman greeted the crowd and offered her own thoughts on the day's
events.
"We all should, in a free country, be leaders in terms of human rights and I fail to see how some of the
tactics I've been hearing about, breaking up families, I fail to see how that's going to keep us safer,"
Waterman said. "I have and will be in contact with the sheriff's relations team ... and call an emergency
meeting to have your voices be heard."
Waterman ended her comments by stating that she is proud of Pontiac's diversity.
"Our diversity and cultural sensitivity make us stronger as a community," Waterman said.
URL: http://nww.theoaklandpress.com/gcneral-nen's/20170216/hundreds-march-through-pontiac-for-a-day-wifhout-immigrants
© 2017 The Oakland Press (http://www.theoaklandpress.com)
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PONTIAC, MICHIGAN, IN
SUPPORT OF A SOLIDARITY STATEMENT THAT REFLECTS
THE CITY OF PONTIAC'S COMMITMENT TO BEING AN
INCLUSIVE, WELCOMING, AND SAFE COMMUNITY
WHEREAS, the diversity of backgrounds, perspectives, and experiences of the
American people - native and immigrant - makes our nation and communities richer and
stronger; mid
WHEREAS, the City of Pontiac is proud of its long history of working to protect
the civil rights and libe1iies of all of our residents, partner with our community leaders to
speak against human injustices and abuses, and
WHEREAS, the City of Pontiac welcomes all persons and recognizes the rights
of individuals to live their lives with dignity, free of discrimination and targeting because
of their age, faith, race, national origin, immigration status, gender identity, ability,
ethnicity, housing status, sexual orientation, economic status, or other social status; and
WHEREAS, the Mayor and Pontiac City Council is committed to ensuring that
all members of our community are free from acts that are rooted in fear, ignorance,
prejudice, and hate.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
PONTIAC, MICHIGAN DOES HEREBY RESOLVE AND SUPPORTS THE
FOLLOWING SOLITARITY STATEMENT:
We pledge solidarity and assurance that the City of Pontiac is, and will remain, a
welcoming, safe, and secure place for families to live and thrive together. The City of
Pontiac has zero tolerance of prejudice, racism, bigotry, hatred, bullying and violence.
The Mayor, Councilmembers, and City staff members are committed to treating everyone
with respect and will not allow hateful acts to exist in our community.
PASSED, APPROVED AND ADOPTED ON this _day of March, 2017.
Patlice Waterman
Council President, District 1
Dr. Deirdre Wate1man
Mayor
Mary Pietila
Council President Pro Tern, District 3
Don Woodward
Councilmember, District 2
Randy Carter
Councilmember, District 4
Mark Holland, Sr.
Councilmember, District 5
Doris Taylor Burks
Councilmembei·, District 6
Kermit William
Councilmember, District 7
Jane Bais-DiSessa
Deputy Mayor
ATTEST:
APPROVED AS TO FORM:
Sherikia Hawkins, City Clerk
J. Travis Mihelick, City Attorney
I HEREBY CERTIFY the foregoing resolution was duly adopted by the City Council of
the City of Pontiac, Michigan, at a regular meeting held on the_ day of March, 2017,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Sherikia Hawkins, City Clerk
(seal)
RESOLUCION NO.
UNA RESOLUCION DE LA CIUDAD DE PONTIAC, MICHIGAN, EN APOYO
DE UNA DECLARACION DE SOLIDARIDAD QUE REFLEJA EL
COMPROMISO DE LA CIUDAD DE PONTIAC DE SER UNA COMUNIDAD
INCLUIDA, BIENVENIDA Y UNA COMUNIDAD SEGURA
POR CUANTb, Ia diversidad de antecedentes, perspectivas y experiencias del pueblo
estadounidense -nativo e inmigrante- hace que ~nuestra naci6n y nuestras comunidades sean
mas ricas y fuertes; y
CONSIDERANDO QUE Ia Ciudad de Pontiac se enorgullece de su larga historia de
trabajo para proteger los derechos y libertades civiles de todos nuestros residentes, asociarnos
con nuestros lideres comunitarios para hablar en contra de las injusticias y abusos humanos y
CONSIDERANDO que Ia Ciudad de Pontiac da Ia bienvenida a todas las personas y
reconoce el derecho de las personas a vivir sus vidas con dignidad, libre de discriminaci6n y
orientaci6n por su edad, fe, raza, origen nacional, estatus migratorio, identidad de genera,
Estatus, orientaci6n sexual, estatus econ6mico u otra condici6n social; y
POR CUANTO, el Alcalde y el Ayuntamiento de Pontiac. estan comprometidos a
asegurar que todos los miembros de nuestra comunidad esten libres de actos que esten
arraigados en el miedo, Ia ignorancia, el prejuicio y el odio.
POR LO TANTO, EL CONSEJO MUNICIPAL DE LA CIUDAD DE PONTIAC,
MICHIGAN RESUELVE Y APOYA LA SIGUIENTE DECLARACION DE
SOLIDARIDAD:
Nos comprometemos con Ia solidaridad y Ia seguridad de que Ia Ciudad de Pontiac es,
y seguira siendo, un Iugar acogedor, seguro y seguro para que las familias vivan y prosperen
juntas. La ciudad de Pontiac tiene cero tolerancia de prejuicios, racismo, fanatismo, odio,
intimidaci6n y violencia. El Alcalde, los Concejales y el personal de Ia Ciudad estan
comprometidos a tratar a todos con respeto y no permitiran que existan actos de odio en
nuestra comunidad.
ADOPTADO, APROBADO Y ADOPTADO EN ESTE _
dia de marzo de 2017.
Patrice Waterman
Presidents del Concejo, Distrito 1
Dr. Deirdre Waterman
Alcalde
Mary Pietila
Presidente del Consejo Presidente, Distrito 3
Don Woodward
Presidente del Concejo, Distrito 2
Randy Carter
Concejal, Distrito 4
Mark Holland, Sr.
Presidente del Concejo, Distrito 5
Doris Taylor Burks
Presidente del Concejo, Distrito 6
Kermit William
Presidente del Concejo, Distrito 7
Jane Bais-DiSessa
Teniente de alcalde
DAR FE:
APROBADO EN FORMA:
Sherikia Hawkins,
J. Travis Mihelick, Abogado de Ia ciudad
FUNCIONARIA DE LA CUIDAD
POR LA PRESENTE CERTIFICO que Ia resoluci6n anterior fue debidamente aprobada por
el Ayuntamiento de Ia Ciudad de Pontiac, Michigan, en una reunion ordinaria celebrada el dia
_de marzo de 2017, porIa siguiente votaci6n:
EL VOTO A
FAVOR:
ELVOTO
ENCONTRA:
AUSENTE:
SE
ABSTUVO:
Sherikia Hawkins, FUNCIONARIADE LA CUIDAD
MEMORANDUM
City of Pontiac
Final)ce Director
Nevrus P. Nazarko, CPA
47450 Woodward Avenue
Pontiac, Michigan 48342
Phone: 248.758.3118
Fax: 248.758.3197
DATE:
March 13,2017
TO:
Honorable Mayor and City Council
FROM:
Nevrus P. Nazarko, CPA, Finance Director
Through:
Jane Bais DiSessa-Deputy Mayor
SUBJECT:
ATPA Grant Contract with Oaldand County
City of Pontiac has been utilizing the Auto Theft Prevention Authority (ATPA) grant
from the State of Michigan through the .Oakland County's Sheriff's office since 2013.
This grant reimburses the municipality half of the eligible expenditures of a Sheriff's
deputy assigned full time to the ATPA related activities.
The ATPA Grant runs from October 1 to September 30th of any given year. For the
last 4 years (2013-2017) Oakland County has been able to apply for the grant on our
behalf and we have been reimbursed Yo of the costs for a Sheriff Deputy assigned
full time to the auto theft prevention, in the amount of approximately $65,000.
The State of Michigan is requiring that all the municipalities that receive the benefit
of this grant through the OCSO, sign a sub-recipient agreement with Oakland
County that delineates the rights and obligations of each party's responsibilities and
obligations regarding the use of the grant.
City of Pontiac's responsibility is to provide funding for a Sherriff's Deputy to be
assigned full time to the AP A tasks.
Oakland County has entered into a contract with the State of Michigan for the
grant and will reimburse the City of Pontiac Yo of the costs as described above.
We received the request to have the agreement signed by the Mayor on March 6,
2017 and on March 7 the Sheriff's office contacted me to have the City Council
authorize the Mayor through a resolution to sign the sub-recipient agreement with
Oakland County.
If City Council agrees with the sub-recipient agreement between the City and
Oakland County (as shown in the attachment), then the following resolution would
be in order:
Whereas, the City of Pontiac has been utilizing the Auto Theft Prevention Authority Grant through
Oakland County since 2013; and,
Whereas, the current agreement with the Oakland County Sheriff's Office expires on September 30,
2017; and,
Whereas, the County and City may enter into an sub-recipient agreement by which the Oakland
County Sheriff's Office wauld continue to assign a full time Sheriff Deputy to the ATPA activities; and,
Whereas, the Oakland County Sheriff's Office agrees to provide reimburse the City under the terms
and conditions of the Agreement up to 50 percent of the eligible expenditures;
Now, Therefore, Be It Resolved that the City Council, upon the recommendation of the Mayor and
Finance Director accepts the Oakland County 2017-2018 ATPA Sub-Recipient Agreement with the
City of Pontiac and authorizes the Mayor to sign document as presented;
AYES:
NAYS:
2017 AUTOMOBILE THEFT PREVENTION AUTHORITY GRANT
SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
CITY OF PONTIAC
This Agreement is made between Oakland County, a Constitutional Corporation, 1200 North Telegraph, Pontiac,
Michigan 48341 ("County") and City of Pontiac, 47450 Woodward Ave, Pontiac, Michigan 48342, a Michigan
Municipal Corporation ("Municipality").
PURPOSE OF AGREEMENT. The Patiies enter into this Agreement for the purpose ofdelineating theiL
relationship and responsibilities regarding the County's use of Grant funds for expenses that it incurs related to
the Oakland County Auto Theft Program (ATPA), a multijurisdictional auto theft prevention and recovety task
force under the direction and supervision of the Oakland County Sheriffs Office ("O.C.S.O.").
Under the Patiies' separate ATPA agreement and the O.C.S.O. 2017-2018 Law Enforcement Services Agreement
with the City of Pontiac, the Municipality is responsible for providing funding to the County for a full-time
O.C.S.O. employee for participation in ATPA and for all costs associated with that employment. The full-time
employee devotes 100% of their time to the ATPA.
The County has entered into a Grant agreement (Exhibit A) with the State of Michigan ("State") where the
County is eligible to receive reimbursement for qualifYing ATPA-related costs.
The County intends to use a pmiion of the Grant fimds to reimburse the municipality, as described below, subject
to the terms and conditions of this agreement.
In consideration of the mutual promises, obligations, representations, and assurances in this Agreement, the
Parties agree to the following:
I. DEFINITIONS. The following tetms, whether used in the singular or plural, within or without quotation
marks, or possessive or nonpossessive, shall be defined, read, and interpreted as follows.
1.1.
Claim means any alleged loss, claim, complaint, demand for relief or damages, cause of action,
proceeding, judgment, deficiency, liability, penalty, fine, litigation, costs, and/or expenses, including,
but not limited to, reimbursement for attorney fees, witness fees, comi costs, investigation expenses,
litigation expenses, and amounts paid in settlement, which are imposed on, incurred by, or assetied
against the County or Municipality, or the County's or Municipality's agents or employees, whether
such claim is brought in law or equity, tort, contract, or otherwise.
1.2.
Grant means the 2017 Automobile Theft Prevention Authority Grant, (Exhibit A).
2. EXIITBITS. The Exhibits listed below are incorporated and are part of this Agreement.
2.1.
Exhibit A- 2017 Automobile Theft Prevention Authority Grant.
2017 AUTOMOBILE THEFT PREVENTION AUTHORITY GRANT
SUBRECJPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
CITY OF PONTIAC
Page 1 ofS
Rev. 11/I0/2016
3. COUNTYRESPONSIDILITIES.
3.1.
The County will reimburse the Municipality, up to 50% of the total, for qualifying ATPA-related
officers' salaries, fringe benefits, ovettime, vehicle usage, cell phone, MAATI and IAATI
dues, as described in the Grant agreement (Exhibit A).
3 .2.
The Municipality will comply with all tetms and conditions set fotth in the Grant agreement (Exhibit
A), including, btit not limited to, the following certification:
a.
The Municipality is not presently disbarred, suspended, proposed for debarment, declared
ineligible, sentenced to a denial offederal benefits by a state or federal court, or voluntarily
excluded from covered transactions by any federal depatiment or agency;
b.
Has not within a three-year period preceding this application been convicted of or has a civil
judgment rendered against them and are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (federal, state, or local) for commission offraud or
criminal office in cmmection with obtaining, attempting to obtain, or performing a public
(federal, state, or local) transaction or contract under a public transaction; violation offederal
or state antitmst statutes or commission of embezzlement, theft, forgery, briery, falsification
or destruction of records, making false statements, or receiving stolen prope1ty;
c.
Have not within a two-year period preceding this application been convicted of a felony
criminal violation under any federal law; and
d.
Have not within a three-year period preceding this application had one or more public
transactions (federal, state, or local) terminated for cause or default.
2017 AUTOMOBILE THEFT PREVENTION AUTHORITY GRANT
SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
CITY OF PONTIAC
Page2 ofS
Rev. 11/1012016
4. TERM.
4.1.
This Agreement and any amendments hereto shall be effective when executed by both Parties with
concurrent resolutions passed by the governing bodies of each Party, and when the Agreement is filed
according to MCL 124.510. The approval and tenus of this Agreement and any amendments hereto
shall be entered in the official minutes of the governing bodies of each Patty. This Agreement and
any amendments hereto shall end three (3) years from the date the Grant period is closed.
5. ASSURANCES.
5.1.
Each Patty shall be responsible for its own acts and the acts of its employees and agents, the costs
associated with those acts, and the defense of those acts.
5.2.
The Parties have taken all actions and secured all approvals necessary to authorize and complete this
Agreement. The persons signing this Agreement on behalf of each Party have legal authority to sign
this Agreement and bind the Patties to the tetms and conditions contained herein.
5.3.
Each Patty shall comply with all federal, state, and local ordinances, regulations, administrative rules,
laws, and requirements applicable to its activities petformed under this Agreement.
6. TERMINATION OF AGREEMENT. Either Patty may tenninate this Agreement upon thitty (30) day's
notice to the other Party. The effective date of termination shall be clearly stated in the notice.
7. NO TlllRD PARTY BENEFICIARIES. Except as provided for the benefit of the Patties, this Agreement
does not and is not intended to create any obligation, duty, promise, contractual right or benefit, right to
indemnification, right to subrogation, and/or any other right, in favor of any other person or entity.
8. DISCRIMINATION. The Patties shall not discriminate against their employees, agents, applicants for
employment, or another persons or entities with respect to hire, tenure, tetms, conditions, and privileges of
employment, or any matter directly or indirectly related to employment in violation of any federal, state or
local law.
9. PERMITS AND LICENSES. Each Patty shall be responsible for obtaining and maintaining, throughout the
term of this Agreement, all licenses, permits, cettificates, and govemmental authorizations necessmy to carry
out its obligations and duties pursuant to this Agreement.
10. RESERVATION OF RIGHTS. This Agreement does not, and is not intended to waive, impair, divest,
delegate, or contravene any constitutional, statutory, and/or other legal right, privilege, power, obligation,
duty, or immunity of the Patties.
11. DELEGATION/SUBCONTRACT/ASSIGNMENT. Neither Patty shall delegate, subcontract, and/or
assign any obligations or rights under this Agreement without the prior written consent of the other Patty.
12. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a Party to pursue or enforce
any rights or remedies under this Agreement shall constitute a waiver of those rights with regard to any
existing or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this
Agreement, whether by conduct or otherwise, in one or more instances, shall be deemed or constnied as a
continuing waiver of any tetm, condition, or provision of this Agreement. No waiver by either Patty shall
subsequently affect its right to require strict performance of this Agreement.
2017 AUTOMOBILE THEFT PREVENTION AUTHORITY GRANT
SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
CITY OF PONTIAC
Page3 ofS
Rev.ll/10/2016
13. SEVERABILITY. If a comt of competent jurisdiction fmds a term, or condition, of this Agreement to be
illegal or invalid, then the term, or condition, shall be deemed severed from this Agreement. All other terms,
conditions, and provisions of tltis Agreement shall remain in full force.
14. CAPTIONS. The section and subsection numbers and captions in this Agreement are intended for the
convenience of the reader and are not intended to have any substantive meaning. The numbers and captions
shall not be interpreted or be considered as part of this Agreement. Any use of the singular or plural number,
any reference to the male, female, or. neuter genders, and any possessive or non possessive use in this
Agreement shall be deemed the appropriate plurality, gender or possession as the context requires.
15. NOTICES. Notices given under this Agreement shall be in writing and shall be personally delivered, sent by
express delivery service, cettified maiVor first class U.S. mail postage prepaid, and addressed to the person
listed below. Notice will be deemed given on the date when one of the following first occur: (I) the date of
actual receipt; (2) the next business day when notice is sent express delivety service or personal delivety; or
(3) three days after mailing first class or cettified U.S. mail.
15.1.
If Notice is sent to the County, it shall be addressed and sent to: Oakland County Board of
Commissioners Chairperson, 1200 North Telegraph, Pontiac, Michigan 48341, with a copy to
Oakland County Sheriff's Office, Business Manager, 1200 N. Telegraph, Bldg. 38E, Pontiac,
Michigan 48341.
15.2.
IfNotice is sent to the Political Subdivision, it shall be addressed to: City of Pontiac, 47450
Woodward Ave, Pontiac, Michigan 48342.
15.3.
Either Party may change the address and/or individual to which Notice is sent by notifYing the other
Patty in writing of the change.
16. GOVERNING LAW. This Agreement shall be governed, interpreted, and enforced by the laws of the State
of Michigan.
17. AGREEMENT MODIFICATIONS OR AMENDMENTS. Any modifications, amendments, rescissions,
waivers, or releases to this Agreement must be in writing and executed by both Parties.
18. ENTIRE AGREEMENT. This Agreement represents the entire agreement and understanding between the
Parties. This Agreement supersedes all other oral or written agreements between the Parties. The language of
this Agreement shall be construed as a whole according to its fair meaning, and not construed sn·ictly for or
against any Patty.
2017 AUTOMOBILE THEFT PREVENTION AUTHORITY GRANT
SUBRECIPIENT AGREEMENT BET\VEEN
OAKLAND COUNTY
AND
CITY OF PONTIAC
Page 4 ofS
Rev. 11/1012016
IN WITNESS WHEREOF, Michael Gingell, Chairperson, Oakland County Board of Commissioners,
acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners, a
ce1tified copy of which is attached, to execute this Agreement, and hereby accepts and binds the County to the
terms and conditions of this Agreement.
DATE: __________
EXECUTED:·
Michael Gingell, Chairperson
Oakland County Board of Commissioners
vnTNESSED: ~~~-------------------­
Printed Name:
Title:
DATE: _________
IN WITNESS WHEREOF,
, acknowledges that he/she has been authorized by a
resolution of the Municipality's goveming body, a certified copy of which is attached, to execute this Agreement,
and hereby accepts and binds the Municipality to the terms and conditions of this Agreement.
DATE: __________
EXECUTED:
Printed Name:
Title:
vnTNESSED:~--~-------------------­
Printed Name:
Title:
DATE: _________
2017 AUTOMOBILE THEFT PREVENTION AUTHORITY GRANT
SUBRECIPIENT AGREEMENT BETWEEN
OAKLAND COUNTY
AND
CITY OF PONTIAC
Page 5 ofS
Rev. 1111012016
Exhibit A
AUTO THEFT PREVENTION AUTHORITy (ATPA)
GRANT CONTRACT
AUTHORITY: MCL 6.00.$1.05; Cf)MPUANce: Vo!unh:it}'1.t1QWeVer,- (illlut~.lo Gomp!ete ~Viii reS.t~!t lrtcance!i"atloii of 9rarit1ir;!:"Ss Of fJ.mds.
·Scan. and email one complete C<lPY with original•l9natures to loa ATPA.by' Septe.mb~r' 30. 21iT() at'MSPATPA@mlchloan:gov. Do no.t.
·
.send a paper.cbpy.
Name 6fGranleeWidu,laJY
Oakland county Sh·arirrs.Offlce·
Address
CitY
1illHi North 'telegraph koad
Total Grant Award
$1,487,14.2
Grant Peiio<l Start i;l§te
0ctobef 1, 2016
Autho&·ed drticla!
c~pt,.Jqs~pfrQ·~iS(!J:l.~t;:nY
Pontiac
ATPAAward.
•$743,5_71.
Gran( Pe.>l9d EM Pate·
September ao, :io17
ProJect Drreclor
s~t •. N!~ol.e Qufsenb 0rry
·.State
l'lil
I'48341
ZIP Go'de
· MatCh Requirement
$743,571
projai:t Nulijbei
OO·i7
Financial· contact
Ms,"'Tammy Metrick
11 •.Contract C.ondllions·.and Re.qtilrements
Grant Award
Th<>.A.TP,I\ g'raMal'iiltsl:lslo'be uUII?e~ ~ol~ry forl!i~ ~~nefil of m()tor.Y,ehl~leth<ifJ.p.reyenllon ·programs arid.lnltlatlv~~.
The'A'fPA wi\lpnly reimburse expendltur.aslncurred d~ring .the wantp.erlo<lof Oclotier 1; 21}16, lo September 30, 2011.
The:Jlroject ililinber Qlste<! iitioVa·lnawardlnformellon)·must be Included ori all coli'aspondertce·adtlmssed to the.Ai'PA reg~rding this
:grant.
·f ohaose.ln euthorf1<e.<l·officlal
0 ihe leam, orbudget Une
1, project <Jirector, fin~Dclei.QI>ntect, parjlclpaiJrtg agency, persono•t•s.s)g 0a,d 1
nem chan~e"tsqulres a Projact.Modlficatlon Re.qoest (EX,034)1 which can be downloaded frotllthe ATPA web'slle'·at
W\yW.hilctl!qan.goV/alpb,
··
The.aUthollzea 6ifiqla.f:an!l fiminC!al.officenvlll.seJ'Je·W!Ihout compens<iUoi\·from !he ATPA gr~~l ..avwd.
Any amount of the·graht award re.C!liVed or ioffallura 'funds .Qeneraied as a result oftllotot Vehlcle·\1\ei\ preveniloh acilvlties s'h~lllio
used to en~·an'de·Motor~a.li!cle \heft. prevention progrMts or lnilla~va~. forf~ltur~ luMslnplud0, bu.t are .nol'llmt\¥d t0, forfeiture of cash
.aoct·rec.elpls'lrom sale of prop.e~y.
Publlcrcommunloatlons:materlals or. news relees.es.that msult from thle grant must.9ite. iha·'A\tto Then i'revenllon-Authorlt)'" as the
source of·rundlng. Caples of the inaterlals·Or hews releases niust be··>ehtto IM ATP.A at least fwe 'd~ys.prl<ir.to ~ul)llshln§, Md the
AT.PA reserves the iig.litto make any:ne6.lssa(y e61ts.. The ATpA.~Iso hasJhe'roy~IIY·free rfgh(:to !\OPY, pui)llsh, alic!.;llslribtile ahy
·data or material ass.oclaterl will\ this granl
law· enforcement personnel funded by·the ATPA grant awald shah dedicate 'Joo perteht of their regular worR hburs conouotlng·AIPA
P!QsaQUtlpS ~lfor~eys w~q desfs.ne!<i a Jio(\loh Qf U\elr'llma fQr ,1\TPA. actlvlt!es'wllt d~dlcate 1Q.Q.l\er<,;ri( .9f their
·designate(! Ume to .ATPA gt'lnt"rel~ted d~tles. Thl~ will be reftecle.ct !h dally fogs.whlch will be made available for on.slte monitoring by
ATPA personnel.
· ·
graljt:(ela.t~~ 4!J1Jes,
't~e:Qia'ntee aoiaes to rMlrro all u~exMnded iftanl.f~hds to lhe.ATPA~t~[n.ao days after tb~ pro)e¢1ls com'ple\~.d. The c.M<* sha.lll)e
made. payable to lhe "Slate of Michigan.'
Reporting .
.FaiJule.l~·~mptyivltli an•/ reportjng msponslb!f!tles kle.nliffed Jn this ~owac.t inay·res~ltln withholding grO:ol payrnen.l(s) ~~me
.cancellation o.f the. grant ~Wafcj~ Jhe·qtanle.e'~.lack.of ~mpllanC!)wiJI also be taken Jrilo OCC!lUnl When Ccnafdocfng fUt~re gran!
applications and- awards from the ATPA
·AI! (lf~ntees mu.s.t c;OmpiY.With 't)le re.quirerniints''9ft~eJJn!for{i\ Otjlh\>Repollin9 (UOR) system M\, 1ses PI\ 31~. ~lra(lielfded. T!lJ•.
.a~t:Xaq~lres col(oll'·•herlffa.~a»artmen\s, as. Well as Clly, y!llage, a~d t9wn0hlp pqllc$ ~ep&~i)ien.!s, to su.bmit ino.olhly t,JCR ~~Ia;
''fila Progress Repoi't (EX:om, Q~at(eily Ffnafi.Cfal Rep\irt '(E)(0Q35), and,.EJ<Ji.engituia Dei~II'(EX-0.~6); can be qown!oe~ed from the
AT.PA Webstte.et vJWW,mlchigan.aovlafpa.''fM,grantee agreeslo submit reports rn accordance.witli ihe $cheaule refetenced in this.
¢ontta_Gt.
·
·
AJI.granl'fUn<!ed emplpy~es,ihi;l~dlQ!i omploY.ees !Ifs~bgtai\l~es, will ¢9riJJiletiJ~hd suhml(an Ett1PioY.ee:'fime Pe!llff.Qal~n (t;X-Q38).
·Grnntees-wll!'submlt EX•il.38lo the ATPA sem!•annuallyvla eme!rto MSPATPI\@mlchlgan.gov.
·
I'XW4:i (0812016)
.
Mlefll!lAN SJATS POliCE
.PaQe-_2,o{9_
Ali projeds most rnaintaln.adequate supportln.g documenlatlon lor financial. and pro~ressteporta aubmi«ed to the ATPA. FailUre to
pr6vlae;(tdeqU81$ ~UJlportJng d6CUmMita11i;n may adversely·affec(current-ye·ar relniburs~mei>IS ~nd fu\ura.ATPA gr~nt 1\X\uesl~.
ATPATaams
The grantee vAll seove as lhe fiduclary for the ATPA grant The fiduclary.t~ll"be responsible for receiving grant funds, diS\rlbutlnQ·funds
tii.partlolpa.llhg taa.m rneinbeJs~ anC!.i~celvlng ~nd· compnlng r0portsfrom.. tearn rnemb.ai.i.TI\e.gtantee\vlll &ubrnitgra(lt rePorts
.according." to lhe·scne.dul.e.referen!)lld lillhls contract, 'ls weJJ ftS l~ose spa9!ally requested ~Y tha.ATPA.
wnen an agency withdraws. an employee rrom anA'rPI.\.team,. the AtPA epproved budget lbrihet posliloh wili remain wlih:ihe· Ai'.PA
Ieatlj. Tbe proJ~ct ~lracJgr hlustlnf<jrmt(le·ATPA w~an thel'iith~roWal ocWra·f?y complell~g the Pro]eqt l'ilo.diflc~!ldn Re<\U§st:n;)('-D;l4),
lha·v(lcant.QOSiilon muSt Qe re~la~ecl within 30 ditY$:0[ tM P.Osltlbri will~~ unfvndeiJ, Unless an ext~nslo.n request has beef!apptoY.ed
In wrilln~. ·
Pa.rti¢1V~IIrig·agencles·~te
expected 10 p~rtlclp~Je qn'il)a P,TPA leam·thlil reoe(Ved the (Jr~nt awar(l for thir antlre grant Peilod.
Partlclpallng.agen~les thet'!ll~hdrew personnel from·\heATPA leambelorethe.e.nd.Qflhe grant Period 1\i!ll)e reimbursed b~seo! upon
the percentage of-the grant period In whlch.they-partlc1pated. The ATP/1: Board of Directors reserves the r!ght to deny future. grant
on· ~iieOcy p~rt.lct~~\lort.
.
.All per.sonnel who are'fon<!ed by· an ATF'A learn must h;we·lheiF actlyltles~P.Proved .by• the \eam commander,
'.eward~.J>a.sed
[II, ·rrogtal)).?nd Fln~n~l~l Rr>vl~Vl
on-sftaMonltoiln.g and Payments
Art>A sfaffwlll-scihedufe appointments with grantees-In order to conduct onwslte·monlforing, and:grantees rnust accept th~s:e
·I.~p·p·qlriifri~fit~...
'Grantees. must rnalnraln sep 0rate accounting records to doCUinen\ grarirrevenues and·expendltures,
This granfls.relmbursemenf only (exciludlnp non-proiit organlzallons), Grantees must:doournenl lhai·exp.ndl\utes have beeh·pal~ by
foca.I·Sowtes before requ;estlng reimtlurserhent ftom·the 'ATPA
·
·
l!upportlng iJocum.erilatloh which musf·be.W~rnl.tle.d with the flriari(lial report rs as follows:
·- 'rime and Attendance) Payroll·•xpendltures-mu·stbe eupported·by.employee'~ eaming history; atfehdance·slieei,·Ume sheet,
payroll regrater, Ohd duty log. ·TOese ieaordsliiusl be ret~iiied ai'id irtade avallaQiil·to ATPA·slaff duNng 9n-site rri<iiil(orlng .
.o· ~aw EnT(>reem~.i\.t \li\d Pros~cu101s Only' Atta<ih the.moh!hly ~My.tqgs io !1\e.Qua~erly Fln~nclol R~port (EX'!Y3&)
when submlited..
Reta!n a c.QPY 6! cp~t·alt0 cat!Pns (or·frlnil~ b~n:efiJs,charged to.lheATPA pmgram.
law:Snforcemenl.and Prosecutors On.Jy "·Each person's ov~rtrme hours:must- not exce$d ten percent of 1he- perSOn1s
aol~al regu(ar hours Wqrk~d· F0r grantees only p·a~hg ove.H.Ime, lhis limit d.oes·nolapply,
Frlnge·aenefi.t~ a~d o~ertirilli:.
o
All paym·enis for expendlturas (e.g.,.ullliiles; office lent, copter use, vehicle lease/renf,.cell phones) must ba·supported.b~(an.
~qtuallnVol~ or t\1~ method of delermioln9. COst•
·~
Equlpmerit Procurement Procedures/ConsutfantlGonttacfuaJ Service: Grantees must atiach,a capt of·the actual rnvo!ce·or1he
rneth.o~ ofd~lermining cost,
Payment l'ro~dure: Por.noft-pr.ofil'.organlza\lons only, advancq payme.nl;.~lh exc.epllon, vAll b.a ~a1eli on prior experienre·
·end'budpetllmllaUon~. 'rha.ATPA agrees to provide ihea~enoy with an advance as needed, up. to 90 percent of the total
ATf'.A.ehare, Non-~tofiror9.anlzafions acJin.9wledge fhal upon·tecelpl ofl~hi.~(j.va~ce; a·llabillly-(l~e to the A:CPA wlll"(le
esiablleha~. Thellabll!tyw,ll.be.·re<Juced a~ e~penqe(l.anl!rep.orted to lhe.}\TPI\.. ,Ahy.une~pended fund.s shall.be promplly.
retumedlo the·ATPA.
MY•. hqs~ ~re c"<'m<jltjohal ~pon receipt of flh~nctal ~nd. p.rogress teports,.cbmpl¢ted In acciir4<ioce With (ir.an.t <P.ridltlons. 'fhe·
final p.aymant w!U be. made on a relmbur$ement besfs,
·AIWantees must sign up through lhe onilne vendorreQistraUon process to· receive State. of Michigan· payments as Electronic ·Fu~ds
rr~n~fer~ (EF1)1DiiectDe~.oslls..... njan.daJ,e.d by·j~<i ¥aniig<iinent an.dB~d~alAQ!; 1~8~ Pt<, 431' M8L 18-128.3~. Wndor tegtSftatlon
lnformall6n ts ava)fo)lJe,on.UWMI~Ngan Depa.rl.ment on:echoology, Management end ~.udge\'s. (pTM\l)webellel.60led:at
·:?f«W.cpexnress.state;ml.us/,
·
·Sho\lld th<> ·grantee discover an error In ·a:p!evtovs reltnbursement.requMt,.the grantee ehall fmnledlatety notify the ATPA, anorefu~~ to
:the A.TPA ~ny.funds not ~utliorlzed f.;;r.use Un<!OIIhfs cl>Jitrecl and $ny payinehfs o.r foQds a~v'"Jced lo ih$ g(~nle~sln.e;i~~···of
-allowable relmbure~bl&.e5<pen~es.
. .
. .. . . .
M!leaga:.Expen$~ lor l'l.on·proflt Or~_anlza!lqns: Llni!ted to ·the gcantee'a establiShed mileage rEilmburs·ement.al/owance-for n-on~fede·raliy
fuhdea activllles,:not todceed·lhe ATPA epprovsd.budget amount. Grantees:mustprovlde suppoiUng documentation for mase
-~~.ti~~··
Vehicle Usa!ile/RentafExpens~sJor:Law l::n(orc!3ment and Prosee;ufor$: Umlted-to (he.manfee~S:establfshed relmbursementpolloy."for
nOQ,tederolly funded activities, no.t to· exceed the A1'PA approvei!.budgetamount.
EX·043 (06/2016)
MICHIGAN STATE POLICE
Paga 3 of9
IV. Criminal or Administrative Investigations/Charges
If any employee of the grantee/aubgrantee associated with this grant project becomes aware of a crTminal or administrative
Investigation or charge that directly or Indirectly Involves grant funds referenced In this contract, the grantee shall rmmediately notify the
ATPA's Executive Director In writing that such an Investigation has been Initiated or that a charge has been 16sued.
V. Debarment, Suspension, and Other Responsibility Matters (Direct Recipient)
Pursuant to Execulive Order 12549 (Debarment and Suspenslan), and implemented at 2 C.F.R. Part 2667., for prospective participants
In primary covered ltansaclions, as deflned at 28 C.F.R. ~art 2867, Secllon 2867.20(a). The grantee certifies that it and its principals:
ArEJ not presently debarred, suspendecl, proposed for debarment, declared !nellgible, sentenced to a denial of federal benefits
by a state or federal court, or volunlerRy excluded from covered transactions by any federal department or agency;
Have not wllhin a three-year period preceding this application been convicted or or had a civil judgment rendered against them
and are not presently Indicted for or otherwise criminally or civilly chargad by a governmental enll!y (federal, slate, or local) for
commission of fraud or criminal offense In connection with obtaining, attempting to obtain, or performing a public (federal,
state, or local} transaction or contract under a public lfansaction; violation of federal or state antitrust statutes or commission of
embez~lement, theft, forgery, bribery, falsification <lr destruction of recorCis, making false statements, or receiving stolen
property;
Have not within a two.year period preceding this app!lca.Uon been convicted of a felony criminal violation under any federal
laWi and
-
Have not within a three-year period preceding this applicallon had one or more public transactions (federal, state, or local)
terminated for C<>use or defautt,
VI. Suspension/Termination
The ATPA and/or the grantee may suspend and/or terminate this contract without further liability or penally to the ATPA for any of lhe
following reasona;
Failure to comply with any of lheterms of this contract. Suspension tequlreslmmedlale acllon by the grantee to complywllh
the tenns of this conlract; olherwlse, lennlnallon by the ATPA may occur.
Failure of the grantee to make satisfactory progress toward the measureable objectives set forth In this conlrnct.
Filing false certlflcallon In this contract or other report or document
Thi$ contract may be terminated by either party by giving 1S days written notice to the other party, Such writte11 notice will provide
va!!d, legal reasons for termlnaUon, along wllh the effective date.
This contract may be terminated immediately If the grantM, an official of the grahtee, or an owner is convicted ofaoy activity referenced
in Section IV of this contract during the tenn of this contract or any extension thereof.
~houid
this conlraot be terminated by ellher party, within 30 days afierthe termfnatlon, the granlee shall provide the ATPA with all
financial, performance, and other reports required as a co"ndilion of thfs contract. The ATPA will make payments to Ute grantee for
allowable reimbursable costs not covered by previous payments. The grantee shall immediately refund to the AT~A any funds not
authorized (or use and any payment$ or funds advanced to the grantee In excess of allowable reimbursable expenditures.
VII. Liability
All tlab!lfty to lhlrd parties, loss, or damage as a result of claims, demands, costs, or judgments arising out of activilles, such as direct
service delivery, to be carried out by 1he grantee In the performance of this contract shall be the responsibility of the grantee, and not
the respon~lbility of the ATPA, Jf lhe liability, lo$s, or damaga Is caused by, or arises out of, lhe actions or failure to act on the part of the
grantee, eny subgrantee, or anyone directly or lndlrecfly employed by the grantee, provided that nothing herein shall be construed as a
waiver of any govemmentallmmunity that has been provided to the grantee or its employees by statue or court declslons.
All liability to third parties, loss, or damage as a result of claims, demands, costs1 or judgments arising out of activities, such as !he
provision of policy and procedural dlrecllon, to be carried out by the AlPA In the parfotmance of this conlraclshali be the respoMibillty
of !he ATPA, -and not the fesponsiblllty of the grantee, If the liability, loss, or damage Is caused by, or arises out of, the action or failure
to acl on the part of any ATPA ernp!oyee or agent, provided lhat nothing herein shall be construed as a waiver of any governmental
Immunity by lhe state of Michigan, Its agencies (the ATPA), or employees as provided by statue or court decisions.
EX-043 (0812016)
MICHIGAN STATE POliCE
P;>ge 4 of9
In the event that liability to third parties, loss, or damage arises as a result of activities conducted jointly by the grantee and ATPA in
fulfillment of their responslbllllles under !his contract, such liability, loss, or damage shall be borne by the grantee end the ATPA In
relation to each party's responsibilities under these Joint activities, provided that nothing herein shall be constnJed as a waiver of any
govemrnentallmmunlly by the grantee, the state of Michigan, its agencies (the ATPA), or their employees, respectively, as provided by
statute or court decisions.
IV. Eligible Expenditures
Regular salaries.
Fringe benefits_
Overtime hours. Hours must not exceed ten pe!'cent
of the actual regular hour'$ worked. For grantees only
paying overtime, this limit does not apply.
Travel and meals. Travel outside normal terr1tory, not
to exceed $1,000 per employee/per year,
Vehicle operation cost. Not to exceed:
o
Law enforcement agency .. $10,000 per
employee/per year engaged In toad
patrolsllnvestlga!lons.
o Ptosecutor's office~ $1,500 per assistant
prosecuting attorney/per year fof mileage
and parking retmbl..lrsement.
o - Non-profit organization - $1,500 per
employee/per year for mileage
reimbursement.
Camera, not to exceed $750 per camera and
accessories.
Office .space or utilities, Requires prior approval.
Office furniture:
o Desk. For new projects only, not to exceed
$325 per desk.
o File cabinet, Not to exceed $250 pet cabinet
o Chair. For new projects only, nol to exceed $160 per chair.
V. Ineligible Expenditures
lrtordlnale fringes, including, but not limited lo, lump
:s:um payments (e.g., banked sick/vacation time,
pensions, and health benefits).
Indirect cos(s.
ExpendHure(s} incurred before or after the grant
period.
Any administrative costs not directly related to the
admlnls!ratlon of this grant
ln~car
terminals and system.
Law 8nforcement Information Nelwork (LEIN) usage
fee a.
Uablllty or professional Insurance.
Non-motor vehicle theft related membership and
agency duea.
copier usage, Not to exceed:
o
o
o
Law enforcement agency- $2,400 per year.
Prosecutor's office- $1,000 par year.
Non-proflt agency - $260 per year.
Phone lnsta!fatlon, Prior approval Is required.
Phone usage, Not to exceed;
o
Law enforcement agency and prosecutor's
o
office ~ $760 per person/per year.
Non-profit agency - $500 per year.
Otnce supplies. Not to exceed $150 per year/per
person.
lnvesllgetlve supplies for law enforcement agency,
not to exceed $500 per yearlper pefson.
Computer purohase. Prior approval Is required.
Cell phone purchase/usage. Prior approval is
required.
Motor vehicle theft-rala(ad association dues, Including
dues to the International Association of Automobile
Theft Investigators and Michigan Association of
Vehicle Theft lnvestlga(ors.
Training or confere11ce. Pt!or approval is required.
Educational Incentives.
First-cia$$ travel.
Co•ts In applying for this grant (e.g., consultants,
grant l'lritere).
Personnel, Including law enforcement officers, not
connected to the project to which this grant refers.
Fundralslng and any salaries or expenses associated
with it.
legal fees.
Promotional Items, unlaw prior approval Is received In
writing.
Contributions and donations.
Fine• and penalties.
Entertainment.
Losses from uncollectible bad debts.
Expenditures In excess of approved budge!.
Purchases of land.
Clothing/cleaning/gun allowance.
Mllltary-type equipment euch as armored vehicles,
explosive devices, and other Hems typically
essodated with military arsenal.
Emergency response compensa!lon.
Show-up pey_
EX·043 (06/2016}
.
MICHIGAN STATE POliCE
Page 6 of9
Construction costs and/or renovation, Including
remo.dellng.
Expert witness fees,
Conducting law enforcement operations with the
intent of generating revenue for personal or agency
gain through deceitful, fraudulent, unethical, or Illegal
methods.
Weapons, Including tasers.
· VI. Law Enforce mont Objectives
Reduce the number of motor vehicle thefts In your grant area by Investigating cases that have the highest potential for
reducing the demand .ror stolen vehicles, arresting lnd!v!duals who are Involved, and reducing false motor vehicle theft reports.
Reduce the economic gain associated with motor vehicle theft by recovering stolen Vehicles/parts/equipment and by
Identifying fraudulent Insurance activity.
Recover more in stolen vehicles/parts/equipment value than the total approved grant award from the A'rPA,
comply with ATPA guldellneslpollcles/condlllons and UCRrequlremenls for submission of data.
Maintain clear and reliable documentation for the prOJect's performance activity and financial expenditures.
Followln~
aucllon, report to lhe ATPA the dollar amount deposlled Into the forfeiture account on Progress Reports (EX-037).
A!tend regular meetings for area detecllves and Insurance lnvesllgators, Including participation In the monthly Anti-Car Theft
meetings end Help Eliminate Auto Theft programs.
VII. Law Enforcement Evaluation Criteria (See Section XIII. Arrest Ranking)
Number of 14 point motor vehicle theft (MVT) related
arrests,
Number of 12 polnl MVT related arrests.
Number of len point MVT related arrests.
Number of eight point MVT related arrests.
Number of slx point MVT related arrests.
Number of four polnl MVf related arrests.
Number of two point MVT related arrests.
Number of Insurance fraud related arrests.
Number of (Jassengerveh!oles recovered.
Dollar value of recove~ed passenger vehicles.
Number of other vehicles recovered.
Dollar value of other vehicles recovered.
Number of parts recovery inddents.
Dollar value of recovered parts/equipment.
Dollar amount deposited Into forfeiture acMul'lt.
VIII. Prosecutor Objectives
Provide fulHime access to the judlclal system for the ATPA task forces !n grant area and provide opportunities to informally
discuss cases and legal Issues.
Vertically prosecute all selected motor vehfc/A thoft re!at~ casea.
Maintain a policy of plea bargaining only when absolutely necessary,
Achieve an overall conviction rate of 80 percent.
Achieve a trtal conviction rate Of70 percent.
Slrive fur maximum set~tence lengths for defendants.
Maintain clear and reliable documentation of prefect's financial expenditures and performance actiVIty.
IX. Prosecutor Evaluation Criteria
Number of cases Initiated.
Number of other dismissals.
Number of preliminary exams held.
Number of cases disposed by trial
Number of preliminary exams waived.
Number of (!efendants convicted on ortglnal charge.
Qury~udge).
Number of cases disposed pre~trlat.
Nurnber of defendants convlct~d on reduced charge.
Number of defendanls who pled guilty to original
Number of defendants Incarcerated.
charge.
Number of defendants Oned/placed on probation.
Number of defendants who pled guHly to lessor
Included offense.
Dollar amount of restltutron ordered.
Number of plea bargain dismls~a!s.
Number of defendants convicted of Insurance ftaud.
X. Non-profit Organization Measurable Objectives
EX-043 (06/2016)
MICHIGAN STATE POLICE
Page6of9
Conduct motor vehicle theft awareness programa/~;>eminars.
Etch vehicles.
Distribute fliers/brochures regarding motor vehicle theft prevention.
Write and publish articles about motor vehicle theft prevention. The artlcle(s) must cite the ATPA as a source of funding.
Fo1ward article copies to lhe ATPA.
Maintain Clear al'ld reliable documentation of project's financial expenditures and perfom1ance activity.
XI. Non-profit Organil:atlon Evaluation- Reporting Criteria
Number of programs/seminars conducted.
Number of vehicles etched.
Number of fliers/brochures dlslrtbuted.
Number of theft prevenl!on articles written and published.
XII, Reporting Schedule
Organization Type
Quarter! Pro.!lfess and Financial Reports
Report EX-37
10-ll1-16 to 12-31-16
Financial Report EX-35
10-01-16 lo 12·31-16
Progress R~ort I"X-37
01-01-17 to 03-31-17
Financial Report EX-35
01-01-17 to 03-31-17
ProQress Report EX-37
04-01-17 to 06-30-17
Financial Report EX-35
04-01-17 lo 06-30-17
Finanolal Report (EX-35
07-01-17 fo 09·30-17
Prooress Report !EX-37
07-01·17 to 09-30-17
Pro~ress
Law Enforcement Agency
Prosecuting Attorney1s Office
Non~Proflt
Organization
Due Date
01-31-17
01-31-17
04-30-17
04·30-17
07-31-17
07-31-17
10-15-17
10-31-17
EX-043 (0812016)
MICHIGAN STATE POLICE
Page 7 of9
XIII. Arrest Ranking
Felony Chorges
Altering Vehicle Identification Number •Ath Intent to Mislead
Arson ~ Ovmer Involved
Car-jacking
Chop Shop
COntinuing Criminal Enterprise
Countetfe!t Insurance Certificates
Embezzlement
Failure to Return Rental Vehicle
False Certlllca!lon
False Pollee Report
False Pretenses
Paise Statement In Applloatlon for Title
Forged License Documents/Lioanoe Plates
Insurance Fraud~ ownet Staged Arson/Larcenyffheft
Interstate Transportation of Stolen Motor Vehicle
Larceny by Conversion
Larceny from MotorVehfole
Obtain Personal identification (!D) Without Permission
Odometer fraud
Ope1atlng License For~ed, Altered, or False
Possess or Sell Rosell!=' Rivets
Possess Stolen Vehicle vAth Intent to Pass Tille
Repair· Salvage Facility VIolation
Receiving and Concealing Stolen Property
Unlawfully Driving Away Automobile
Unlawful Use
Usa Fraudulent ID to Lease or Purchase Veh!c!a
All Other Charges
MCL
750,415
750.75
750,529a
750.535a
750.1591
257.222
750.174
750.362
257.903
750.411a
750.218
257.254
257.257
500.4511.
750.535
750.362
750.356a
257.324
257.233a
257.324
750.415
257.254
257.217
750.535
760.413
750.414
750.415
Arrest Points
10
14
8
14
14
6
6
6
12
8
12
12
6
14
14
6
4
6
12
6
4
10
4
B
6
4
12
2
Note to Auest Rankings:
Team takas credit for most serious charge against subject and Ignores others.
Team takes credit for original arrest charga1 even If reduced later by prosecutor,
If subject Is arrf;!sted on thraa separate warranlS 1 team may count three arrests.
Attempted crimes or conspiracy to commit crime earns aame points as listed.
XIV. Special Conditions
'J'hls contract fs valfd upon approval and execution by1heATPA.
This contact Is cond!lionally approved subject to and contingent upon the availability of funds.
The granlees will not assume any responslbll!ly or Uabll!ty for costs Incurred by the ATPA prior to the Cull execution of this conttacl.
8(.0'1:) {081~016)
MICHiGAi'!STATE PO.UCE
P~ea·a·ot9
l<\i. . <;:Qntr~d $i~hatures
Gi~nl fungrng ivilhid.t ~<• rel~ased UJ'itll $11 requirements of tho si~mW grant .
.authorfly to accepi the terms oJ th~9'r$!il ~M.ie~t.
.3o·
Prlnteil Name ofF anc)al Cont<Jct
:=£0='/Lt .Set+~- Wottbx-J
Prlntad·Name ofAJPA ExO'OuiMi Oltectot
Slg:n~ture
of ATPA ExecullveDiiector
CITY OF PONTIAC, MICHIGAN
OFFICIAL MEMORANDUM
ExECUTIVE BRANCH
To:
Honorable Mayor, Council President and City Council Members
- From:
I
I
Jane Bais-DiSessa, Deputy Mayor
jc
L
Through: Terrence King, DPW Director
Date:
March 14, 2017
Re:
Tree Trimming Services and Tree & Stump Removal
The City advertised for bids for Tree Trimming and Tree & Stump Removal. The proposals were accepted on
January 24, 2017 at 2:00pm in the office of the City Clerk and publically opened at that time.
There were eight respondents to the RFP. They were:
•
Seasonal Property Maintenance Inc .
•
•
•
•
Davey Tree Expert Co .
Owen Tree Service, Inc.
•
Addison Tree & Outdoor Services
•
•
Pro-care Tree Service llC db a CHOP
Arbor Master Tree Service, llC
Arbor Man llC
CutMyTreeDown.com
The bids were tabulated and checked. Based on the review,
the most responsible bidder whose bid was
determined to be in the best interest of the City is Seasonal Property Maintenance Inc.
As such, it is the recommended of the panel that the City Council authorizes the Mayor or Deputy Mayor to"enter
into a contract with the above mentioned bidder, Seasonal Property Maintenance Inc.:
WHEREAS. the City of Pontiac advertised and received responses to a request for proposals for Tree Trimming and
Tree & Stump Removal pn January 2J 2017 and publica/ly opened bids; ondJ
WHEREAS, a bid tabulation was prepared and reviewed by the purchasing agent of the cfty1 and,
WHEREAS, the most experienced and responsible bidder is being recommended for the contract,· ond1
WHEREAS1 the contract will be granted to Seasonal Property Maintenance Inc. The budget has funding for any and all
work performed under this contruct.
NOW, THEREFORE1 BE IT RESOLVED that the Pontiac City Council authorize the Mayor or Deputy Mayor to enter into a
contract wffh; Seasonal Property Maintenance Inc. for Tree Trimming and Tree & Stump Removal as budgeted.
•<.onr;no.--o -,··• •···•
>'·"""''···--...
Preliminary Bid Tabulation
Name/Work Actlv~ of RFP:
Tree Maintenance Servlces
Witness:
Michelle McKenzie
Opened by City Oerk:
Annette Wesley
City of Pontiac
47450 Woodward Ave.
Pontiac, Ml48342
Date:
1/24/2017
@_2:00pm
CONTRACT FOR TREE TRIMMING SERVICES AND TREE & STUMP REMOVAL
1) Parties. The parties to this contract are the City of Pontiac, Michigan hereinafter referred to
as the "City", and Seasonal Property Maintenance LLC hereinafter called the "Contractor".
2) Purpose. The purpose of this contract is for the City to engage the Contractor to provide
Tree Trimming Services and Tree & Stump Removal to the City, as the City deems necessary.
(See Scope of Services below).
3) Scope of Services. The Contractor will provide all labor, materials, supplies, equipment and
supervision to perform Tree Trimming Services and Tree & Stump Removal in the City. The
Contractor is to perform all work in accordance with generally accepted standards and
practices.
4) General Terms and Conditions. This contract is hereby made subject to the terms and
conditions included in the Scope of Services (see Exhibit "A" below) and Additional Terms and
Conditions (see Exhibit "B" below).
5) Consideration. As consideration for the performance of the services referenced in the Scope
of Services (see Exhibits "A" & "B" below), the City agrees to compensate the Contractor as
follows:
TREE REMOVAL
Tree Diameter
at Breast
1"-10"
40"+
41 "-49''
50''+
TREE TRIIVfMING/BRUSH REMOVAL
1. Tlu·ee-Person Crew
Cost Per Hour: $
I 'B -s·-
o '"
Three-person· crew shall include working foreman, climber, grounds person, aerial high-ranger.. trimming
equipment, chipper and chip truck.
2. Chipping Crew-Two Person Crew
Cost Per Hour:$
C:jo
<:..>~-
Shall include two-person crew, brush chipper and chip truck
<DC':)
3. Emergency Work-Three Person Crew
Cost Per Hour: $.__._,.7_c._~_u.c.'_ __
Contractor will have a 3 hour response time for emergency work from time of
notification unless otherwise indicated
Tree Trimming and Tree & Stump Removal Services ·Contract 2017
Page1 of19
6) Period of Performance, This contract expires December 31, 2017, with optional extension of
the contract for years two and or three, upon the approval and signature of the parties hereto.
7) Method of Payment. Contractor will be paid 30 days after completion of work as outlined in
the Scope of Services after submission of a valid invoice.
8) Applicable law. This contract shall be governed by and construed in accordance with the
laws of the City of Pontiac, State of Michigan and applicable federal laws.
9) Compliance with laws. The Contractor understands that the City is an equal opportunity
employer and, therefore, maintains a policy which prohibits unlawful discrimination based on
race, color, creed, sex, age, national origin, physical handicap, disability, genetic information, or
any other consideration made unlawful by federal, state, or local laws. All such discrimination is
unlawful and the Contractor agrees during the term of the agreement that the Contractor will
strictly adhere to this policy in its employment practices and provision of services. The
Contractor shall comply with, and all activities under this agreement shall be subject to, all
applicable federal, State of Michigan, and City of Pontiac laws and regulations, as now existing
and as may be amended or modified.
The Contractor is responsible for instructing and training their employees in appropriate safety
measures.
Employees will be responsible for maintaining a safe work environment while
completing their tasks.
a)
The Contractor shall comply with the Michigan Right to Know law (Amendments to Act
154), which requires that all employers within the State comply with federal Hazard
Communications Standards (C.F.R. 1910.1200) and certain additional guidelines as of
February 25, 1987. These Standards specify that employers develop a written hazard
communication program, which is to be made available for workers or their designated
representatives.
b)
c)
The Contractor will comply with all federal, state and local regulations, including but not
limited to all applicable OSHA/MIOSHA requirements and the Americans with
Disabilities Act
Th~·.Contra~tor is responsible for all applicable state and federal social security benefits
and 'unemployment taxes and agrees to indemnify and protect the City against such
liability.
.\
10) Requirements contract. During the period of the contract, the Contractor shall provide all
the services described in the contract. The Contractor understands and agrees that this is a
requirements contract and that the City shall have no obligation to the Contractor if no services
are required.
Tree Trimming and Tree & Stump Removal Services
~Contract
2017
Page 2 of 19
EXHIBIT "A"
SCOPE OF SERVICES
The Contractor shall provide Tree Trimming Services and Tree & Stump Removal.
Except as otherwise provided herein, Contractor shall furnish all labor, supervision and services
necessary to properly execute and complete the work.
TREE REMOVAL
The Removal of trees shall be made with the written authorization of the City of Pontiac. A list
of trees and the location of each, bearing the signature of an authorized representative of the
City of Pontiac, must be in the procession of the contractor's crew before removing any tree(s).
The decision to remove trees must be made by the City. The Contractor may make suggestions.
However, written authorization must be obtained before removing any trees. All trees to be
removed have been identified in the field with a blue dot on the street side of the tree at
approximately 4 feet.
All trees shall be removed in their entirety.
All tree trunks, limbs, leaves, twigs, sawdust and chips resulting from the removal operations
will be totally removed and disposed of from the work site on a daily basis by the contractor.
Street and sidewalk areas shall be swept and all other areas shall be raked clean of debris
generated through removal operations.
The contractor will be required to post NO PARKING signs one {1) day prior to commencing
work. Signs will be supplied by the Contractor at the contractor's expense and shall be posted
on trees in the right of way. Signs will be posted 6.5' above ground level and angled so as to be
easiiY ..~~ad by oncoming traffic. The contractor shall mark the date on each sign with an
ind~Ji,IJ,f. thick p'lt~ black marker when the work is scheduled to occur. Dates shall consist of
letters &
numer~l,s~·.5 inches tall and be easily readable.
Signs are to be promptly removed by
the contractor upon completion of each tree/stump removal.
The contractor is required on a weekly basis to FAX the City of Pontiac, Grounds Division at
(248) 758-3750 the work schedule for the current upcoming week (preferably on 3 days prior to
the start of work for each week). Additionally, the Contractor shall also prepare a weekly FAX
report showing all work completed previous week (preferably with in one week of completed
work).
Work shall not start before 7:00a.m. and shall end no later than 6:00 p.m. unless cleared by the
City. Monday through Saturday. Work on Sundays shall be prohibited unless requested by the
City.
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Safety precautions shall be practiced by the Contractor to adequately safeguard all persons,
employees and property from injury or damage. All federal, state (MIOSHA} and local
ordinances shallapply. By reference, the American National Standard ANSI Z133.1-1994, Safety
Requirements for Tree Care Operations is included in this specification as if it was reprinted
here in its entirety.
Public Relations -The Contractor and his employees are expected to respond to the public in a
respectable and courteous manner. If the Contractor or his employees cannot satisfy a citizen,
he is to refer the citizen to the Department of Public Works, Grounds Division office at 248-758-
:lGOO.
STUMP REMOVAL
The Removal of trees shall be made with the written authorization of the City of Pontiac. A list
of trees wand the location of each, bearing the signature of an authorized representative of the
City of Pontiac, must be in the procession ofthe contractor's crew before removing any
tree(s}.The decision to remove trees must be made by the City. The Contractor may make
suggestions. However, written authorization must be obtained before removing any trees.
Stumps and all visible surface roots shall be mechanically ground out to a minimum depth of 8
inches below the surrounding grade. For locations where sidewalk and curb exist; the
surrounding grade shall be established by means of an imaginary line extending from the top of
the curb to the street side edge of the city sidewalk. All excess stump chips shall be physically
removed from the sites. Sufficient stump chips shall be left on site to fill the resulting
depression slightly above the surrounding grade (to allow for some settlement}.
Stumps and all visible surface roots shall be mechanically ground out to a minimum of 8 inches
below the surrounding grade. For locations where sidewalk and curb exist, the surrounding
grade shall be established by means of an imaginary line extending from the top of the curb to
the street side edge of the city sidewalk. All excess stump chips shall be physically removed and
disposed of from each location at the contractor's expense. Sufficient stump chips shall be left
on site to fill the resulting depression slightly above the surrounding grade (to allow for some
settlement}.
Street and sidewalk areas shall be broom swept and all other areas shall be raked clean of
debris generated through removal operations.
The contractor is required on a weekly basis to FAX the City of Pontiac, Grounds Division at
(248) 758-3750 the work schedule for the current upcoming week (preferably on 3 days prior to
the start of work for each week}. Additionally, the Contractor shall also prepare a weekly FAX
report showing all work completed previous week (preferably with in one week of completed
work}.
Work shall not start before 7:00a.m. and shall end no later than 6:00p.m. unless cleared by the
City. Monday through Saturday. Work on Sundays shall be prohibited unless requested by the
City.
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Safety precautions shall be practiced by the Contractor to adequately safeguard all persons,
employees and property from injury or damage. All federal, state (MIOSHA} and local
ordinances shall apply. By reference, the American National Standard ANSI Z133.1-1994, Safety
Requirements for Tree Care Operations is included in this specification as if it was reprinted
here in its entirety.
Public Relations·- The Contractor and his employees are expected to respond to the public in a
respectable and courteous manner. If the Contractor or his employees cannot satisfy a citizen,
he is to refer the citizen to the Department of Public Works, Grounds Division office at 248-758-
3600.
TREE TRIMMING
The Removal of trees shall be made with the written authorization of the City of Pontiac. A list
of trees wand the location of each, bearing the signature of an authorized representative of the
City of Pontiac, must be in the procession of the contractor's crew before removing any tree(s}.
The decision to remove trees must be made by the City. The Contractor may make suggestions.
However, written authorization must be obtained before removing any trees.
Trees shall be pruned by removing all dead, diseased, broken and crossing branches. Trimming
shall be done by the "drop crotch" method. No stubs over one inch (1"} shall be permitted
when completed. Live braches shall be removed only to maintain the natural shape and
appearance of the trees. A collar should be maintained on lateral branches. Flush cuts are to be
avoided on larger branches.
Mutilation and loss of characteristic shape pf the tree shall be prohibited. Selective removal of complete
limb(s) shall be performed rather than excessive clipping with pruners (i.e. hedge trimming effect shall
be avoided). Saw or pruner cuts shall be flush with the parent limbs or trunk of the tree. limbs shall be
pre-cut using a three-cut technique to prevent splintering or peeling of bark.
Ropes shall be used for lowering cut branches when necessary to prevent damage to trees,
conductors, fences, cars and other property. No hangers shall be left in the trees after pruning
is completed.
Saw cuts need not be treated with dressing or disinfectant unless abnormal conditions exist in
reference to disease or insects. All old stubs shall be removed and all old scars shall be
inspected. If old scars are not healing properly, they shall be retraced and treated. The lower
branches of tress shall be raised if the tops are sufficient to maintain a balanced life to a height
of 14 feet above major streets or state trunk lines and 12 feet above local and residential
streets. Tools used to prune suspected or diseased trees shall be disinfected before being used
on other trees.
Pruning Procedures: Any tree large enough to support a trimmer shall be climbed and trimmed.
It is considered inefficient for the trimmer to remain on the ground and trim trees with a
pruning pole unless agreed upon by the Director of Public Works.
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Light Pruning: The removal of dead wood, suckers, cross branches and stubs up
to one inch {1") in diameter.
Medium Pruning: Shall include all items listed under "light pruning" plus
branches up to four inches {4") in diameter.
Heavy Pruning: Shall include all items listed under "light pruning" and "medium
pruning", in addition to the removal of limbs over four inches {4") in diameter.
All types of pruning will include topping, tracing point, treatment for girdling roots, installment
of supporting cables and/or bolting, and necessary repair work when specifically requested by
the Director of Public Works.
Shaping: If during pruning, trees are rendered unsightly due to lack of symmetry, further
pruning to restore the appearance and obtain desired shape shall be performed. The location,
type of tree, and the nature of surroundings, etc. shall govern the extent of such shaping. Full
shaping shall consist of the removal or shortening by natural methods of branches in the crown
of the tree. Sufficient growth must be left on cutback branches to keep them alive, and when
possible, the branches being shortened shall be cut back far enough to preserve the natural
appearance of the trees. Side pruning shall not be so severe as to restrict the trees ability to
produce the food necessary for healthy growth. Top growth shall not be reduced by an amount
greater than that permissible for the species as listed below:
Fifty Percent (SO%)- Silver Maple, Willow, Poplar, and other fast growing varieties.
Forth Percent {40%) - Basswood, Elm, Walnut, and Ash.
Fifteen Percent {iS%)- Beech, Norway and Sugar Maples, & other slow growing species.
Hazardous Trees: Any person engaged in trimming or pruning that becomes aware of a tree of
doubtful strength, which could be dangerous to persons and property, shall report such tree(s)
to the City of Pontiac. Such trees shall include those that are over mature, diseased, or showing
signs of decay. The City shall inspect any tree reported and a decision shall be made whether to
remove the tree at that time.
TREE TRUNK, LIMBS, WOOD CHIP & STUMP CHIP DISPOSAL
The Contractor is responsible for the legal disposal of all tree and stump removal related debris.
The Contractor may contact the State of Michigan; Department of Natural Resources for
possible Marshalling Yard locations for the disposal of Ash Tree related debris.
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EXHIBIT "B" .
ADDITIONAL TERMS AND CONDITIONS
1) Attorneys' fees and expenses. Subject to other terms and conditions of this contract, in
the event the Contractor defaults in any obligation under this contract, the Contractor
shall pay to the City all costs and expenses (including, without limitation, investigative
fees, court costs, and attorneys' fees) incurred by the City in enforcing this contract or
otherwise reasonably related thereto. Contractor agrees that under no circumstances
shall the City be obligated to pay any attorneys' fees or costs of legal action to the
Contractor.
2) Authority to contract. The Contractor warrants: (a) that it is a validly organized
business with valid authority to enter into this contract; (b) that it is qualified to do
business and in good standing in the State of Michigan; (c) that entry into and
performance under this contract is not restricted or prohibited by any loan, security,
financing, contractual, or other contract of any kind; and, (d) notwithstanding any other
provision of this contract to the contrary, that there are no existing legal proceedings or
prospective legal proceedings, either voluntary or otherwise, which may adversely affect
its ability to perform its obligations under this contract.
3) Confidential information. Disclosure of any confidential information by the Contractor
or its subcontractor without the express written approval of the City shall result in the
immediate termination ofthis contract.
4) Confidentiality. Notwithstanding any provision to the contrary contained herein, it is
recognized that the City of Pontiac is a public City of the State of Michigan and is subject
to the laws regarding confidentiality. If a public records request is made for any
information provided to the City pursuant to the contract, the City shall promptly notify
the disclosing party of such request and will respond to the request only in accordance
with the procedures and limitations set forth in applicable law. The disclosing party shall
promptly institute appropriate legal proceedings to protect its information. No party to
the contract shall be liable to the other party for disclosures of information required by
court order or required by law.
5) Contractor personnel. The City shall, throughout the life of the contract, have the right
of reasonable rejection and approval of staff or subcontractors assigned to the work by
the Contractor. If the City reasonably rejects staff or subcontractors, the Contractor shall
provide replacement staff or subcontractors satisfactory to the City in a timely manner
and at no additional cost to the City. The day-to-day supervision and control of the
Contractor's employees and subcontractors is the sole responsibility of the Contractor.
Contractor personnel are subject to background checks by the Oakland County Sheriff
Department and shall comply with all requirements as outlined in the Request for
Quote.
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6) Insurance. The contractor, or any of their subcontractors, shall not commence work
under this contract until they have obtained the insurance required under this
paragraph, and shall keep such insurance in force during the entire life of this contract.
All coverage shall be with insurance companies licensed and admitted to do business in
the State of Michigan and acceptable to the City of Pontiac. The requirements below
should not be interpreted to limit the liability of the Contractor. All deductibles and
SIR's are the responsibility of the Contractor.
a) Workers' Compensation Insurance. The Contractor shall procure and maintain
during the life of this contract, Workers' Insurance, including Employers liability
Coverage, in accordance with all applicable statutes of the State of Michigan with a
minimum limit of $100,000 each accident for any employee.
b) Commercial General liability Insurance. The Contractor shall procure and maintain
during the life of this contract, Commercial General liability Insurance on an
"Occurrence Basis" with limits of liability not less than $2,000,000 per occurrence
and aggregate for Personal Injury, Bodily Injury and Property Damage, coverage shall
include the following extensions: (A) Contractual liability; (B) Products and
Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form
General liability Extensions or equivalent: (E) Deletion of all Explosion, Collapse and
Underground (XCU) Exclusions, if applicable; (F) Per project aggregate.
c) Motor Vehicle liability. The Contractor shall procure and maintain during the life of
this contract Motor Vehicle liability Insurance, including Michigan No-Fault
Coverage, with limits of liability of not less than $2,000,000 per occurrence
combined single limit Bodily Injury and Property Damage. Coverage shall include all
owned vehicles, all non-owned vehicles, and all hired vehicles.
d) Additional Insured: Commercial General liability and Motor Vehicle liability
Insurance, as described above, shall include an endorsement stating the following
shall be Additionally Insured: The City of Pontiac, all elected and appointed officials,
all employees and volunteers, all boards, commissions, and/or authorities and board
members, including employees and volunteers. It is understood and agreed by
naming The City of Pontiac as additional insured, coverage afforded is considered to
be primary and any other insurance The City of Pontiac may have in effect shall be
considered secondary and/or excess.
e) Cancellation Notice: All policies, as described above, shall include an endorsement
stating that is it understood and agreed Thirty (30) days, Ten (10) days for nonpayment of premium, Advance Written Notice of Cancellation, Non-Renewal,
Reduction, and/or Material Change shall be sent to: City Administrator for the City
of Pontiac.
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f)
Proof of Insurance Coverage: The Contractor shall provide The City of Pontiac at the
time that the contracts are returned by him/her for execution, a Certificate of
Insurance as well as the required endorsements. In lieu of required endorsements,
if applicable, a copy of the policy sections where coverage is provided for additional
insured and cancellation notice would be acceptable. Copies or certified copies of all
policies mentioned above shall be furnished, if so requested.
g) Expiration of Policies: If any of the above coverage expires during term of this
contract, the Contractor shall deliver renewal certificates and/or policies to the City
of Pontiac at least ten (10) days prior to the expiration date.
h) Indemnification: To the extent permitted by law, the Contractor shall indemnify and
hold the City harmless of and from all claims, losses, liability, demands, costs, loss of
service, expense, and compensation on account of or in any way growing out of any
damage, including, but not limited to, bodily injury or property damage which may
result from the Contractor's services, In addition, the Contractor shall cover all costs
incurred by the City in defense of any litigation covered under this letter of contract,
including attorney fees and court costs.
i)
Insurance companies, named insureds and policy forms shall be subject to the
approval of the Pontiac Department of Public Works. Such approval shall not be
unreasonably withheld. Insurance policies shall not contain endorsements or policy
conditions, which reduce coverage provided to the City of Pontiac. Contractor shall
be responsible to the City of Pontiac or insurance companies insuring the City of
Pontiac for all costs resulting from both financially unsound insurance companies
selected by Contractor and their inadequate insurance coverage. Contractor shall
furnish the Pontiac Finance Department with satisfactory certificates of insurance or
a certified copy of the policy, if requested by the Finance Department.
j)
No payments will be made to the Contractor until the current certificates of
insurance have been received and approved by the Finance Department. If the
insurance as evidenced by the certificates furnished by the Contractor expires or is
canceled during the term of the contract, services and related payments will be
suspended. Contractor shall furnish the Finance Department with certification of
insurance evidencing such coverage and endorsements at least ten {10) working
days prior to commencement of services under this contract. Certificates shall be
addressed to the Pontiac Finance Department, and shall provide for 30 day written
notice to the Certificate holder of cancellation of coverage.
7) Ineligibility and suspension. The Contractor certifies to the best of its knowledge and
belief, that it: (a) is not presently ineligible, suspended, proposed for ineligibility,
declared ineligible, or voluntarily excluded from covered transaction by any federal
department or the City or any political subdivision of the City or the State of Michigan;
(b) has not, within a three year period preceding this proposal, been convicted of or had
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civil judgment rendered against it for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (federal, state,
or local) transaction or contract under a public transaction; (c) has not, within a three
year period preceding this proposal, been convicted of or had civil judgment rendered
against it for a violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making
false statements, or receiving stolen property; (d) is not presently indicted for or
otherwise criminally or civilly charged by a governmental entity (federal, state or local)
with commission of any of these offenses enumerated in paragraphs (b) and (c) of this
certification; and, (e) has not, within a three year period preceding this proposal, had
one or more public transactions (federal, state, or local) terminated for cause or default.
8) Disclosure of confidential information. In the event that either party to this contract
receives notice that a third party requests divulgence of confidential or otherwise
protected information and/or has served upon it subpoena or other validly issued
administrative or judicial process ordering divulgence of confidential or otherwise
protected information that party shall promptly inform the other party and thereafter
respond in conformity with such subpoena to the extent mandated by law. This section
shall survive the termination or completion of this contract.
9) Exceptions to confidential information. The Contractor and the City shall not be
obligated to treat as confidential and proprietary any information disclosed by the other
party ("disclosing party'') which: (a) is rightfully known to the recipient prior to
negotiations leading to this contract, other than information obtained in confidence
under prior engagements; (b) is generally known or easily ascertainable by non parties of
ordinary skill in the business of the customer; (c) is released by the disclosing party to
any other person, firm, or entity (including governmental agencies or bureaus) without
restriction; (d) is independently developed by the recipient without any reliance on
confidential information; (e) is or later becomes part of the public domain or may be
lawfully obtained by the City or the Contractor from any nonparty; or, (f) is disclosed
with the disclosing party's prior written consent.
10) Default. If the Contractor:
a) Fails to supply complete labor and supervision in sufficient time and quantity to
meet the City's progress schedule, as it may be modified:
b) Causes stoppage or delay of, or interference with, the project;
c) Fails to promptly pay its employees for work on the project;
d) Fails to pay worker's compensation or other employee benefits, withholding or any
other taxes;
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e) Fails to comply with the safety provisions of the Contract or with any safety order,
regulation or requirement of any governing authority having jurisdiction over this
project;
f)
Makes unauthorized changes in supervisory personnel;
g) Fails in performance or observance of any of the provisions of the contract;
h) Files a voluntary petition in bankruptcy or is adjudicated insolvent;
i)
Obtains an order for relief under Section 301 of the Bankruptcy Code;
j)
Files any petition or fails to contest any petition filed seeking any reorganization or
similar relief under any laws relating to bankruptcy, insolvency or other relief of
debtors;
k) Or seeks or consents to or is acquiescent in the appointment of a trustee, receiver or
liquidator of any of its assets or property;
I)
Makes an assignment for the benefit of creditors; or
m) Makes an admission, in writing, of its inability to pay its debts as they became due;
Then City, after giving Contractor written or oral (subsequently confirmed in writing) notice of
such default and forty-eight {48) hours within which to cure such default, shall have the right to
exercise any one or more of the following remedies:
a) Require that Contractor utilize, at its own expense, additional labor, overtime labor
(including Saturday and Sunday work) and additional shifts as necessary to
overcome the consequences of any delay attributable to Contractor's default.
b) Remedy the default by whatever means City may deem necessary or appropriate,
including, but not limited to, correcting, furnishing, performing or otherwise
completing the work, or any part thereof, by itself or through others (utilizing where
appropriate any materials and equipment previously purchased for that purpose by
Contractor) and deducting the cost thereof from any monies due or to become due
to Contractor hereunder;
i)
After giving Contractor an additional forty-eight {48) hours written (or
oral, subsequently confirmed in writing) notice, terminate this Contract,
without thereby waiving or releasing any rights or remedies against
Contractor or its sureties, and, by itself or through others, take
possession of the work, and all materials, equipment facilities, tools,
scaffolds and appliances of Contractor relating to the work, for the
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purposes of costs and other damages under the contract and for the
breach thereof; and
ii}
Recover all reasonable attorneys' fees suffered or incurred by City by
reason of, or as a result of, Contractor's default.
11} Failure to enforce. Failure by the City at any time to enforce the provisions of the
contract shall not be construed as a waiver of any such provisions. Such failure to
enforce shall not affect the validity of the contract or any part thereof or the right of the
City to enforce any provision at any time in accordance with its terms.
12} Final payment. Upon satisfactory completion of the work performed under this
contract, as a condition before final payment under this contract, or as a termination
settlement under this contract, the Contractor shall execute and deliver to the City a
release of all claims against the City arising under, or by virtue of, the contract, except
claims which are specifically exempted by the Contractor to be set forth therein. Unless
otherwise provided in this contract, by state law, or otherwise expressly agreed to by
the parties in this contract, final payment under the contract or settlement upon
termination of this contract shall not constitute waiver of the City's claims against the
Contractor under this contract.
13} Force majeure. Each party shall be excused from performance for any period and to the
extent that it is prevented from performing any obligation or service, in whole or in part,
as a result of causes beyond the reasonable control and without the fault or negligence
of such party and/or its subcontractors. Such acts shall include without limitation acts of
God, strikes, lockouts, riots, and acts of war, epidemics, governmental regulations
superimposed after the fact, fire, earthquakes, floods, or other natural disasters {the
"force majeure events"}. When such a cause arises, the Contractor shall notify the City
immediately in writing of the cause of its inability to perform, how it affects its
performance, and the anticipated duration of the inability to perform. Delays in delivery
or in meeting completion dates due to force majeure events shall automatically extend
such dates for a period equal to the duration of the delay caused by such events, unless
the City determines it to be in its best interest to terminate the contract.
14} Indemnification. To the fullest extent allowed by law, the Contractor shall indemnify,
defend, save and hold harmless, protect, and exonerate the City, its commissioners,
board members, officers, employees, agents, representatives, and the State of Michigan
from and against all claims, demands, liabilities, suits, actions, damages, losses, and
costs of every kind and nature whatsoever including, without limitation, court costs,
investigative fees and expenses, and attorneys' fees, arising out of or caused by the
Contractor and/or its partners, principals, agents, employees and/or subcontractors in
the performance of or failure to perform this contract. In the City's sole discretion, the
Contractor may be allowed to control the defense of any such claim, suit, etc. In the
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event the Contractor defends said claim, suit, etc., the Contractor shall use legal counsel
acceptable to the City. The Contractor shall be solely responsible for all costs and/or
expenses associated with such defense, and the City shall be entitled to participate in
said defense. The Contractor shall not settle any claim, suit, etc., without the City's
concurrence, which the City shall not unreasonably withhold.
15) Independent contractor status. The Contractor shall, at all times, be regarded as and
shall be legally considered an independent contractor and shall at no time act as an
agent for the City. Nothing contained herein shall be deemed or construed by the City,
the Contractor, or any third party as creating the relationship of principal and agent,
master and servant, partners, joint ventures, employer and employee, or any similar
such relationship between the City and the Contractor. Neither the method of
computation of fees or other charges, nor any other provision contained herein, nor any
acts of the City or the Contractor hereunder creates, or shall be deemed to create, a
relationship other than the independent relationship of the City and the Contractor. The
Contractor's personnel shall not be deemed in any way, directly or indirectly, expressly
or by implication, to be employees of the City or the State of Michigan. Neither the
Contractor nor its employees shall, under any circumstances be considered servants,
agents, or employees of the City and the City shall be at no time legally responsible for
any negligence or other wrongdoing by the Contractor, its servants, agents, or
employees. The City shall not withhold from the contract payments to the Contractor
any federal or state unemployment taxes, federal or state income taxes, social security
tax, or any other amounts for benefits to the Contractor. Further, the City shall not
provide to the Contractor any insurance coverage or other benefits, including worker's
compensation, normally provided by the City for its employees.
16) No limitation of liability. Nothing in this contract shall be interpreted as excluding or
limiting any tort liability of the Contractor for harm caused by the intentional or reckless
conduct of the Contractor or for damages incurred through the negligent performance
of duties by the Contractor or the delivery of products that are defective due to
negligent construction.
17) Notices. All notices required or permitted to be given under this contract shall be in
writing and personally delivered or sent by certified United States mail, postage prepaid,
return receipt requested, to the Pontiac City Clerk's Office to whom the notice should be
given at the address set forth below. Notice shall be deemed given when actually
received or when refused. The parties agree to promptly notify each other in writing of
any change of address.
For the Contractor:
Seasonal Property Maintenance llC
3420 Belford Rd.
Holly, M I 48442
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For the City:
City of Pontiac
47450 Woodward Ave.
Pontiac, Ml 48342
18) Oral statements. No oral statement of any person shall modify or otherwise affect the
terms, conditions, or specifications stated in this contract. All modifications to the
contract shall be made in writing by the City and agreed to by the Contractor.
19) Ownership of documents and work papers. The City shall own all documents, files,
reports, work papers and working documentation, electronic or otherwise, created in
connection with the project which is the subject of this contract, except for the
Contractor's internal administrative and quality assurance files and internal project
correspondence. The ContraCtor shall deliver such documents and work papers to the
City upon termination or completion of the contract. The foregoing notwithstanding, the
Contractor shall be entitled to retain a set of such work papers for its files. The
Contractor shall be entitled to use such work papers only after receiving written
permission from the City and subject to any copyright protections.
20) Priority. The contract consists of this contract with exhibits. Any ambiguities,· conflicts
or questions of interpretation of this contract shall be resolved by first, reference to this
contract with exhibits and, if still unresolved, by reference to the bid. Omission of any
term or obligation from this contract shall not be deemed an omission from this
contract if such term or obligation is provided for elsewhere in this contract.
21) Quality control. The Contractor shall institute and maintain throughout the contract
period a properly documented quality control program designed to ensure that the
services are provided at all times and in all respects in accordance with the contract. The
program shall include providing daily supervision and conducting frequent inspections of
the Contractor's staff and ensuring that accurate records are maintained describing the
disposition of all complaints. The records so created shall be open to inspection by the
City.
22) Record retention and access to records. Provided the Contractor is given reasonable
advance written notice and such inspection is made during normal business hours of the
Contractor, the City or any duly authorized representatives shall have unimpeded,
prompt access to any of the Contractor's books, documents, papers, and/or records
which are maintained or produced as a result of the project for the purpose of making
audits, examinations, excerpts, and transcriptions. All records related to this contract
shall be retained by the Contractor for three years after final payment is made under
this contract and all pending matters are closed; however, if any audit, litigation or
other action arising out of or related in any way to this project is commenced before the
end of the three year period, the records shall be retained for one year after all issues
arising out of the action are finally resolved or until the end of the three year period,
whichever is later.
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23) Recovery of money. Whenever, under the contract, any sum of money shall be
recoverable from or payable by the Contractor to the City, the same amount may be
deducted from any sum due to the Contractor under the contract or under any other
contract between the Contractor and the City. The rights of the City are in addition and
without prejudice to any other right the City may have to claim the amount of any loss
or damage suffered by the City on account of the acts or omissions of the Contractor.
24) Right to audit. The Contractor shall maintain such financial records and other records as
may be prescribed by the City or by applicable federal and state laws, rules, and
regulations. The Contractor shall retain these records for a period of three years after
final payment, or until they are audited by the City, whichever event occurs first. These
records shall be made available during the term of the contract and the subsequent
three-year period for examination, transcription, and audit by the Michigan Office of the
State Auditor, its designees, or other authorized bodies.
2S) Right to inspect facility. The City may, at reasonable times, inspect the place of business
of the Contractor or any subcontractor, which is related to the performance of any
contract awarded by the City.
26) Severability. If any part of this contract is declared to be invalid or unenforceable, such
invalidity or unenforceability shall not affect any other provision of the contract that can
be given effect without the invalid or unenforceable provision, and to this end the
provisions hereof are severable. In such event, the parties shall amend the contract as
necessary to reflect the original intent of the parties and to bring any invalid or
unenforceable provisions in compliance with applicable law.
27) City property. The Contractor will be responsible for the proper custody and care of any
City-owned property furnished for the Contractor's use in connection with the
performance of this contract. The Contractor will reimburse the City for any loss or
damage, normal wear and tear excepted.
28) Termination for convenience clause.
a) The City reserves the absolute right to terminate the contract in whole or in part, for
the convenience of the City at its sole discretion on thirty {30) days written notice to
the Contractor. The City has the right, upon its sole discretion only, to terminate the
contract with cause by giving notice to the Contractor of such termination,
specifying the effective date thereof, at least fourteen {14) days before the effective
date of such termination, and the Contract shall terminate in all respects as if such
date were the date originally given for the expiration of the Contract.
b) The Contractor shall be liable to the City for damages sustained by the City by virtue
of any breach of the Contract by the Contractor, and any costs the City might incur
Tree Trimming and Tree & Stump Removal Services -Contract 2017
Page 15 of 19
enforcing or attempting to enforce the Contract, and the City may pursue legal
remedies in the collection of fees to compensate for the damages sustained by the
City.
c) Contractor's Obligations. The Contractor shall incur no further obligations in
connection with the terminated work and on the date set in the notice of
termination the Contractor will stop work to the extent specified. The Contractor
shall also terminate outstanding orders and subcontracts as they relate to the
terminated work. The Contractor shall settle the liabilities and claims arising out of
the termination of subcontracts and orders connected with the terminated work.
The City may direct the Contractor to assign the Contractor's right, title, and interest
under terminated orders or subcontracts to the State of Michigan. The Ccmtractor
shall still complete the work not terminated by the notice of termina"tion and may
incur obligations as are necessary to do so.
29)
Termination for default clause.
a) Default. If the Contractor refuses or fails to perform any of the provisions of this
contract with such diligence as will ensure its completion within the time specified in
this contract or any extension thereof, or otherwise fails to timely satisfy the
contract provisions, or commits any other substantial breach of this contract, the
City may notify the Contractor in writing of the delay or nonperformance and if not
cured in ten days or any longer time specified in writing by the City, the City may
terminate the Contractor's right to proceed with the contract or such part of the
contract as to which there has been delay or a failure to properly perform. In the
event of termination in whole or in part, the City may procure similar supplies or
services in a manner and upon terms deemed appropriate by the City. The
Contractor shall continue performance of the contract to the extent it is not
terminated and shall be liable for excess costs incurred in procuring similar goods or
services.
b) Contractor's Duties. Notwithstanding termination of the contract and subject to any
directions from the City, the Contractor shall take timely, reasonable, and necessary
action to protect and preserve property in the possession of the Contractor in which
the City has an interest.
c) Compensation. Payment for completed services delivered and accepted by the City
shall be at the contract price. The City may withhold from amounts due the
Contractor such sums as the City deems to be necessary to protect the City against
loss because of outstanding liens or claims of former lien holders and to reimburse
the City for the excess costs incurred in procuring similar goods and services.
d) Excuse for Nonperformance or Delayed Performance. Except with respect to
defaults of subcontractors, the Contractor shall not be in default by reason of any
Tree Trimming and Tree & Stump Removal Services -Contract 2017
Page16 of 19
failure in performance of this contract in accordance with its terms (including any
failure by the Contractor to make progress in the prosecution of the work hereunder
which endangers such performance) if the Contractor has notified the City within 15
days after the cause of the delay and the failure arises out of causes such as: acts of
God; acts of the public enemy; acts of the State of Michigan and any other
governmental entity in its sovereign or contractual capacity; fires; floods; epidemics;
quarantine restrictions; strikes or other labor disputes; freight embargoes; or
unusually severe weather. If the failure to perform caused by the failure of a
subcontractor to perform or to make progress, and if such failure arises out of
causes similar to those set forth above, the Contractor shall not be deemed to be in
default, unless the services to be furnished by the subcontractor were reasonably
obtainable from other sources in sufficient time to permit the Contractor to meet
the contract requirements. Upon request of the Contractor, the City shall ascertain
the facts and extent of such failure, and, if such officer determines that any failure to
perform was occasioned by any one or more of the excusable causes, and that, bur
for the excusable cause, the Contractor's progress and performance would have met
the terms of the contract, the delivery schedule shall be revised accordingly, subject
to the rights of the City under the clause entitled "Termination for Convenience." (As
used in this paragraph, the term "subcontractor" means subcontractor at any tier).
e) Erroneous Termination for Default. If, after notice of termination ofthe Contractor's
right to proceed under the provisions of this clause, it is determined for any reason
that the contract was not in default under the provisions of this clause, or that the
delay was excusable under the provisions of Paragraph (d) (Excuse for
Nonperformance or Delayed Performance) of this clause, the rights and obligations
of the parties shall, if the contract contains a clause providing for termination for
convenience by the City, be the same as if the notice of termination had been issued
pursuant to such clause.
f) Additional Rights and Remedies. The rights and remedies provided in this clause are
in addition to any other rights and remedies provided by law or under this contract.
30) Termination upon bankruptcy. This contract may be terminated in whole or in part by
the City upon written notice to the Contractor, if the Contractor should become the
subject of bankruptcy or receivership proceedings, whether voluntary or involuntary, or
upon the execution by the Contractor of an assignment for the benefit of its creditors. In
the event of such termination, the Contractor shall be entitled to recover just and
equitable compensation for satisfactory work performed under this contract, but in no
case shall said compensation exceed the total contract price.
31) Third party action notification. The Contractor shall give the City prompt notice in
writing of any action or suit filed, and prompt notice of any claim made against the
Contractor by any entity that may result in litigation related in any way to this contract.
Tree Trimming and Tree & Stump Removal Services- Contract 2017
Page 17 of 19
32) Unsatisfactory work. If, at any time during the contract term, the service performed or
work done by the Contractor is considered by the City to create a condition that
threatens the health, safety, or welfare of the citizens and/or employees of the City of
Pontiac, the Contractor shall, on being notified by the City, immediately correct such
deficient service or work. In the event the Contractor fails, after notice, to correct the
deficient service or work immediately, the City shall have the right to order the
correction of the deficiency by separate contract or with its own resources at the
expense of the Contractor.
33) Waiver. No delay or omission by either party to this contract in exercising any right,
power, or remedy hereunder or otherwise afforded by contract, at law, or in equity shall
constitute an acquiescence therein, impair any other right, power or remedy hereunder
or otherwise afforded by any means, or operate as a waiver of such right, power, or
remedy. No waiver by either party to this contract shall be valid unless set forth in
writing by the party making said waiver. No waiver of. or modification to any term or
condition of this contract will void, waive, or change any other term or condition. No
waiver by one party to this contract of a default by the other party will imply, be
construed as, or require waiver of future or other defaults.
34) Taxes and Contributions. The Contractor hereby accepts and assumes exclusive liability
for and shall indemnify, protect and save harmless the City from and against the
payment of:
a) Contractor agrees to contact the City of Pontiac Income Tax Division, Audit and
Compliance Section, 47450 Woodward, Pontiac, Michigan 48342, to establish
reporting and withholding obligations under the City of Pontiac Income Tax
Ordinance. Contractors will require the same of all subcontractors employed to
perform any work in the City of Pontiac.
\Veb page URL: http://www.pontiac.mi.us/departments/income tax/index.php
Tax forms URL: http://www.pontiac.mi.us/departments/income tax/tax tOrms.php
b) All contributions, taxes or premiums (including interest and penalties thereon) which
may be payable under the Unemployment Insurance law of any State, the Federal
Social Security Act, Federal, State, County and/or Municipal Tax Withholding Act,
Federal, State, County and/or Municipal Tax Withholding laws, or any other law,
measured upon the payroll of or required to be withheld from employees by
whomsoever employed or engaged in the work to be performed and furnished
under this contract.
c) All sales, use, personal property and other taxes (including interest and penalties
thereon) required by any Federal, State, County, Municipal or other law to be paid
or collected by the Contractor or any of its vendors or any other person or persons
Tree Trimming and Tree & Stump Removal
Services~
Contract 2017
Page 18 of 19
acting for, through or under it or any of them, by reason of the performance of this
work or the acquisition, furnishing, or use of any materials, equipment, supplies,
labor, services or other items for or in connection with the work.
d) All pension, welfare, vacation, annuity and other union benefit contributions
payable, under or in connection with respect, to aH persons; by whomsoever
employed or engaged in the work to be performed and furnished under this
Contract.
35) Bonds. The Contractor is required to execute bonds, with sureties acceptable to the City;
as identified in the specifications, all of which are incorporated into this agreement.
In witness whereof, the parties hereto have affixed, on duplicate originals, their signatures on
the date indicated below, after first being authorized so to do.
Seasonal Property Maintenance LLC
Sign:._ _ _ _ _ _ _ _ __
DATE
Print: _ _ _ _ _ _ _ _ _ __
Title: _ _ _ _ _ _ _ _ _ __
City of Pontiac
Sign: _ _ _ _ _ _ _ _ __
DATE
Print: ____________
Title: _ _ _ _ _ _ _ _ _ __
Tree Trimming and Tree & Stump Removal Services - Contract 2017
Page19 of 19
Tree Trimming RFP Advertising list 2017
1·•·••.·. • •i . PO~TEO 1\(0TIC:ES . ·
•
••••••••••••
<•
• • ; ..· E-"rilai!/Websit~ •·.· < A<
·
······l\lo~ificatil)n < · .•....·. .· ·<< ·•·.·.·•. ··.· ·
Michigan Inter-governmental Trade
Network (MITN)
httQ:Uwww.mitn.info
Vendors under the catergory Snow & Ice
Removal Services (NIGP code 96872)
City of Pontiac
[email protected]
Website under Purchasing
City of Pontiac
[email protected]
Posted on City Clerk's window
City of Pontiac
[email protected]
Notice on Cable channel
posted on downstairs
announcement board
posted on upstairs
announcement board
Michigan Municipal League
[email protected]
posted to their website
Builders Exchange of Michigan
[email protected]
posted to their website
City of Pontiac
City of Pontiac
Construction Association of Michigan ;[email protected]
posted to their website
Construction Marketing Data Group
posted to their website
[email protected]
see excel
sheet •
989-356-1161
Inc.
SCAPE & SNOW dba
•E
KIRK KNOBLOCH
Landscaping, Inc James Murray
13555 M-32 West
IAlpena
IMI
586-752-5562
70570 Powell
Armada
Ml
48005
586-749-7007
21330 34 Mile Rd
Armada
Ml
48005
Forests Inc.
Scott Nelson
541-512-0447
1257 Siskiyou Blvd.PMB
IAshland
lOR
Tree Service, Inc.
Hope Parker
810-724-6651
18
225 N. Lake George Road
IAttica
IMI
Josh Leo
248-371-9007
3381 Lapeer Rd. West
Auburn Hills
IMI
Patrick Burns
248-276-8800
2005 Pontiac Road
Auburn Hills
IMI
Dan DeiFoss
248-373-3669
2431 Pontiac Road
Auburn Hills
Edge Contracting Inc. Eric Meylan
989-450-4256
782 Midland Road
Bay City
SHAWN KANOUSE
231-499-4819
12050 JENKS ST NE
BELDING
Dave Kilanski
734-941-4583
9500 Hannan Road
Belleville
Thomas Laurell
734-753-5800
19836 Savage Rd.
Belleville
734-697-9527
P.O.Box1673
Belleville
Davey Tree Expert Co.
Landscape
TMI
N
Valentine
. Hart Urban Forestry
Judd Hart
586-795-5581
P.O. Box 222
Birmingham
Sleeves Consulting Services
Trey Seyer
702-293-8761
220 Nevada Way
Boulder City
INV
Raymonds Tree Service Inc.
Lonny Raymond
810-346-2593
Post Office Box 454
Brown City
IMI
Page 1
189005
CC Land Surveying, Inc.
Brent Clough
231-779-7878
1411 E. M-55
Cadillac
Ml
49601
Metro Star Brick Pavers &
Guillermo Torres
734-416-7080
8325 N. Lilley Road
Canton
Ml
48187
Chuck Collert
734-654-4520
P.O. Box 531
Carleton
Ml
48117
Brooks Striping, Inc.
Scott Brooks
248-763-3100
P 0 Box4270
Center Line
Ml
48015
Arbor Care Tree Surgeons
Gino Cerqueira
734-433-9031
471 Fairways Lane
Chelsea
Ml
48118
Ahern Contracting Inc.
James Ahern
810-343-0403
25875 New Forest Court
Chesterfield
Ml
48051
MarineOne Ltd.
Larry Rekowski
586-725-2467
49090 Jefferson Ave.
Chesterfield
Ml
. 48047
The Davey Tree Expert
David Bargerstock
586-275-8641
28200 23 Mile Rd
Chesterfield
Ml
48051
ULTIMATE LAWN SERVICE
ANGELA SHEKER
586-716-9559
32727 GREENWOOD DR.
CHESTERFIELD
Ml
48047
LLC.
MARINE CITY NURSERY CO
WARREN SENGER
810-765-5533
5304 MARINE CITY HWY
CHINA TWP
Ml
48054
Robbin Harsh Excavating,
Aaron Harsh
989-386-2752
9395 South Clare Avenue
Clare
Ml
48617
Inc.
Belbot Services, Inc.
Michael Belbot
248-506-2098
1006 W. 14 MILE ROAD
CLAWSON
Ml
48017
Oakridge Lawn & Snow, Inc
Kip Eads
248-543-8110
P.O. Box 26 Clawson, Ml
Clawson
Ml
48017
Pest Patrol
Brent Walworth
517-266-8383
77 44 Beecher Rd
Clayton
Ml
49235
KBK Landscaping
KRIS KRAUSE
734-320-5133
13653
CLINTON
Ml
49236
D and J Contracting Inc.
David Koback
586-954-0008
22750 Macomb Industrial
Clinton Township
Ml
48036
Landscaping lie
World Class Landscaping &
Contracting Inc.
Company
.
48017
us 12
Drive
Landscape Services, Inc.
Troy Lenk
586-741-5296
22932 Rasch
Clinton Township
Ml
48035
SHERMAN NURSERY FARMS
SCOTI SHERMAN
810-329-9466
2200 MAYER ROAD
COLUMBUS
Ml
48063
NFC Maintenance Corp
Scott Beitelshees
734-604-3958
1750 Luneta Court
Commerce Twp
Ml
48382
--
c____
Page 2
Treeworks Inc.
Jason Porter
616-837-1100
PO Box 274
Coopersville
MI
49404
•
R&M Property Services, LLC.
Richelle Motley Geiger
734-595-3884
P.O. Box 5008
Dearborn
Ml
48128
Detroit Disposal & Recycling, John Francis
LLC
Energy Group, Inc.
Matt Donnellon
313-664-0200
1475 E Milwaukee St
Detroit
Ml
482111
313-491-8411
8837 Lyndon St
Detroit
MI
48238
Jordan Landscaping
313-543-9223
19415 McNichols, SuiteV
Detroit
MI
48219
LGC Global (Lakeshore Global Elizabeth Scalzo
Corporation)
313-989-4141
7310 WOODWARD, Suite
DETROIT
MI
48202
One Stop Propery
Maintenance lie
Ken Lemon
313-957-0070
500
1220 Longfellow
Detroit
MI
48204
WCI Contractors,Inc.
Thomas Maliszewski
313-368-2100
20210 Conner
Detroit
MI·
48234
TL Contracting, Inc.
Tony Landosky
517-669-0600
13488 S. Lowell Rd
DeWitt
MI
48820
Boullion Sales Inc.
Mike Riley
734-426-8527
8530 N. Territorial Rd.
Dexter
M.I
48130
Hammond Farms, Inc.
Cliff Walkington
517-646-8698
5834 Michigan Rd.
Dimondale
MI
48821
A Plus Tree Service Inc.
Derek Payne
810-375-2054
5289 General Squier Rd.
Dryden
MI
48428
Tommy's Lawn Service,
Tommy Dornoff
Landscaping & Snowplowing
Marine City Landscaping
Ronald Senger
810-650-6304
5816 River Rd.
East China
MI
48054
810-335-4344
201 Remer Road
East China Twp
MI
48054
Matt Jones
Outdoor Expressions
Landscaping LLC
ED'S TWO MEN & A MOWER Edward Jackson
LAWN SERVICE LLC.
Darien White
TylerWhite
517-712-5430
6312 Gossard Ave
East Lansing
MI
48823
586-329-5226
pobox 132
eastpointe
MI
48021
313-704-1143
17449 EGO Ave
Eastpointe
MI
48021
Lake State Lawn Landscaping Steve Kolonich
& Snow Removal
rodger zimmerman
Medco Tree Service LLC
517-322-2646
11200 Columbia Hwt
Eaton Rapids
MI
48827
Elwell
MI
48832
i
Jamie Jordan
989-833-7788 . 7502 N. Ferris Rd.
Page 3
WRC
Chris Wieciech
910-874-2085
P.O.Box 916
Escanaba
Ml
49829
O'Donnell's Earthworks
Stephen Munch
989-529-5664
877 N Pine Rd
Essexville
Ml
48732
F.J. LaFontaine
Robert LaFontaine
248-477-9695
Post Office Box 1126
Farmington
Ml
48332
All Metro Tree Service, LLC
Chan Downs
248-477-2637
37820 Wendy Lee St.
Farmington Hills
Ml
48331
Hidden Talents Lawn Care
Jason Conner
734-335-8779
30660 W. Eight Mile Rd.
Farmington Hills
Ml
48336
Shepherd's Landscape and
Carl Molitor
Tree Service
Advanced Tree Care Service, John Barry
Inc.
Kathy Anton
B & B Landscaping
248-356-7000
29705 Linden
Farmington Hills
Ml
48336
810-208-0554
Fenton
Ml
48430
810-632-6061
3103 W Thompson Rd
#165
5392 Plesant Hill Dr.
Fenton
Ml
48430
Mattioli Cement Company
John Mattioli
810-629-3851
6085 McGuire
Fenton
Ml
48430
Lake Michigan Excavating,
LLC
Austin Morgan Companies,
Rich Fanti
313-316-8753
24075 Summer Lane
Flat Rock
Ml
48134
Christie Rasins
810-407-7495
PO Box 1159
Flint
Ml
48501
LLC
J & M Tree Service
Forrest Spitzer
810-238-3234
4618 Milton Drive
Flint
Ml
48507
Vetcon, Inc.
David Gregg
810-252-7538
Flint
Ml
48502
L.A. Construction
Shari Bramlett
810-659-7565
412 S. Saginaw St. Suite
206
4067 Commerce Dr.
Flushing
Ml
48433
stapleton enterprises lie
John Stapleton
260-418-9774
4514 Leighton lane
Fort Wayne
IN
46816
jim gregg land clearing l.l.c.
jim gregg
248-789-3526
p.o. box 1023
fowlerville
Ml
48836
Matice Landscaping LLC
Warren Matice
248-860-6624
PO Box 250716
Franklin
Ml
48025
Precision Contracting
Gary Solomon
586-879-7680
16186 Toulouse
Fraser
Ml
48026
Constructeam
Kenneth Heffner
866-372-1272
31780 Groesbeck Hwy
Frazer
Ml
48026
Page 4
Marine One Towing &
Brian Williams
734-675-0710
29023. Wilson Ave
Gibraltar
Ml
48173
Salvage
E.T. MacKenzie Company
Michael Marks
517-627-8408
4248 West Saginaw
Grand Ledge
Ml
48837
Grand Rapids
Ml
49506
Brandenburg Drainage Inc.
Joellakiri
616-502-3749
Highway
242 Carlton SE
Chop
Bill Byl
616-583-9821
1505 Steele Ave SW
Grand Rapids
Ml
49507
C.L Simpson Outdoor Service Cody Simpson
734-216-0608
6001 Maute Rd
Grass Lake
Ml
49240
Outdoor Extreme
734-363-7821
9872 Waterway
Gross lie
Ml
48138
A.J.'s Lawn Care &amp; Snow Andrew Huber
Removal
734-223-9302
9350 Lakewood
Grosse lie
Ml
48138
greg davis landscaping
greg davis
313-884-1409
471 renaud rd.
grosse pointe woods Ml
48236
Millennium tree
John Middlebrook
734-260-4216
31211ester
Highland
Ml
48356
www.MITreeServices.com
Paul Kountouriotis
248-872-4339
376 BEACH FARM CIRCLE
HIGHLAND
Ml
48357
Brent Antosh
#1088
Evergreen Outdoor, Inc.
Brad Holmes
810-923-0555
386 Lucy Rd
Howell
Ml
48843
Harrells Inc
Doug Johanningsmeier
248-302-2054
3650 Brighton Rd
Howell
Ml
48843
The Greener Side, Inc.
Wayne Michalak
313-562-9051
2642 Princess
Inkster
Ml
48141
JOHNNY'S TREE SERVICE INC
Cameron Smith
517-764-2444
1245 FALAHEE RD
JACKSON
Ml
49203
Professional Tree Care LLC
William Fox
517-358-6985
1013 S Dettman Rd
Jackson
Ml
49203
Quality Tree Service of
Daniel Vincent
Michigan, LLC
Brooks Tree Service & Forest· Joseph Brooks
Products Inc.
616-678-7200
13210 Phelps Avenue NW
Kent City
Ml
49330
231-313-9929
Po Box 619
Kingsley
Ml
49649
Greenscape
Brian Cataldo
989-544-2489
P.O. Box 133
Lake
Ml
48632
Miller Concrete and
Casey Miller
231-510-5093
6870 W Kelly RD
Lake City
Ml
49651
Construction
--
Page 5
24/7 Tree Service
Michael Mrachina
248-259-5193
105 Franklin Wright Blvd.
Lake Orion
Ml
48362
Oakland Arbor Care, Inc.
Josh Regits
248-786-8733
1112 S. Lapeer Road
Lake Orion
Ml
48360
Addison Tree Service
Steven Boersma
248-830-1080
P.O. Box 51
Lakeville
Ml
48366
C&E Pipeline Services
Elijah White
517-214-4631
7808 Lanac St
Lansing
Ml
48917
sus 27
Lansing
Ml
48906
Lawn Sprinklers Sales, Service John Makara
& Design, Inc.
Outdoor Specialty,llc
Brad Christofferson
517-485-0657
16343
517-886-5296
Ml
48906
McClelland Landscape Inc
Denny McClelland
248-563-5035
2822 N Martin Luther King Lansing
jr blvd
668 Rochester rd.
Leonard
Ml
48367
E & J Treeservice
Eric Parrish
313-205-6236
771 Saint Johns
Lincoln Park
Ml
48146
G's Trees, Inc.
William Gamez
313-995-0029
1665 Lafayette
Lincoln Park
Ml
48146
Anglin Civil
Josh Malik
248-595-4055
13000 Newburgh Road
Livonia
Ml
45150
Arbor Man LLC
Evan Burger
734-812-6984
13340 Merriamn Road
Livonia
Ml
48150
ASHTONCONTRACTING
KEN SCICLUNA
734-522-1660
30443 INDUSTRIAL RD.
LIVONIA
Ml
48150
Boon Development, LLC dba
Sod Solutions
Henson Ultra Green
Tony Boon
734-536-1653
14382 Sunbury
Livonia
Ml
48154
Michelle Snider
248-987-6994
29541 W. Eight Mile Rd
Livonia
Ml
48152
Innovative Property
Michael Bullion
248-867-0403
15331 Fairfield St
Livonia
Ml
48154
Maintenance, Inc
Teddy's lawn and landscape
Steve Rice
734-525-6945
12725 Levan Road
Livonia
Ml
48150
The Tree Surgeon
David Scherer
586-531-6613
18485 Teresa
Macomb
Ml
48044
.
Wildtype
Bill Schneider
Earth movers of Midland, LLC Maria Sandow
517-244-1140
900 N. Every Rd.
Mason
Ml
48854
989-615-0812
4319 North Eastman Rd
Midland
Ml
48642
Page 6
Kindy Tree Service
Jerry Kindy
989-430-7656
1388 S Meridan rd
Midland
Ml
48640
Audia Concrete Construction, Ronetta Audia
248-676-9570
P.O. Box 72
Milford
Ml
48381
Inc.
DRC Emergency sevices LLC
Lisa Garcia
251-342-4950
740 Museum Drive
Mobile
AL
36608
Aspen Tree Service
Robert Brown
810-686-5650
20 Eddie Lane
Mount Morris
Ml
48458
All Seaons Snow Removal &
Lawn Care LLC
Lakeshore Construction and
Renovation
R&R Landscape Supply Inc
Keith Russell
989-621-5158
1608 N Fancher Suite B
Mt Pleasant
Ml
48858
Joshua Pittsley
989-289-8238
1880 Oakland Drive
Mt. Pleasant
Ml
48858
Steve Nash
231-722-2157
1957 Commerce
Muskegon
Ml
49441
tarte trucking
robert tarte
231-206-0639
1138 dangl rd
muskegon
Ml
49442
Alpine Tree Service
Tim Kennedy
231-652-0503
313 Pickeral Lake Dr.
Newaygo
Ml
49337
Peacock Landscaping LLC
Paul Peacock
810-327-2684
PO Box 194
North Street
Ml
48049
fontenot landscape services
corey fontenot
313-220-8464
21161 ridgedale
oakpark
Ml
48237
Jonathan Brown
517-349-6271
2446Jolly Rd
Okemos
Ml
48864
Brian VanOrder
517-881-9293
4788 Cornell
Okemos
Ml
48864
Eddie Louch
989-472-4408
2881 S. Bennington Rd.
Owosso
Ml
48867
248-758-4718
3400 N. Lapeer Road
Oxford
Ml
48371
248-431-7174
P.O. Box 253
Oxford
Ml
48371
lie
Dabo, Inc dba Midwest
Power Equipment
Michigan Demolition and
Excavation
Crooked Tree Nursery
Alpine Tree And Landscaping Anthony Crismon
Service Inc.
Steven Giroux
Outdoor Techniques
~
Urban Habitat Outdoor
Services, LLC.
Peter Wernis
248-212-8094
P.O. Box 315
Oxford
Ml
48371
Davey Resource Group
John Kusnier
800-828-8312
109 Twin brook Drive
Perrysburg
OH
43551
Basin Tree Service & Pest
Chris Testa
602-248-7021
3740 W Buckeye Rd
Phoenix
AZ
85009
~trol
Page 7
Arbor Master Tree Service lie Shawn Dondzila
734-395-0016
5295 Crestover
Pinckney
Ellsworth Industries
313-218-4790
P.O. Box 5366
Plymouth
Chad Monteith
Ml
48169
Ml
48170
.
Great Lakes Exchange
Thomas Kowalski
734-657-6962
10400 Joy Road
Plymouth
Ml
48170
TH Maged Services LLC
thomas maged
734-417-5000
Post Office Box 701421
Plymouth
Ml
48170
Unique Maintenance &
Services, LLC
Catherine Cichon
734-389-2400
6275 Tower Road
Plymouth
Ml
48170
;JC?;S~;~~~~,;,m,\~.:,~,w~:13;,~H;,: .• 24~"7_3o:di66:
~s_._ N.Saginawsuite50_1 ,,..,,.; ··•••i'
:_~_:· '.•
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~ ,;'cUi;'i
-SAndborn Construction, Inc
Commercial Grounds
Services LLC
Active Tree Experts Inc
lrv\1.<'
li'•(i'j ;;, ,, ..... _... ,
_48342
1.- i_ .·
, Brent Sandborn
517-647-4018
6880 Industrial Dr
Portland
Ml
48875
Linda Levesque
313-316-6084
PO Box 39854
Redford
Ml
48239
john meyers
586-727-8770
36180 Bauman
Richmond
Ml
48062
D&E Landscaping & Grading
Inc
Advanced Tree Experts Inc
Darwin Martindale
586-727-4959
P.O. Box 249
Richmond
Ml
48062
Michael Szyska
810-650-0282
10811 Alpine
Riley
Ml
48041
MFS, Inc.
Gary Iverson
734-693-7105
PO Box 2638
Riverview
Ml
48193
Cornerstone Industrial, Inc.
John Pugno
248-520-1788
1150 Bloomer Rd.
Rochester Hills
Ml
48307
Green Meadows Lawnscape, Thomas DeClerck
Inc.
Ken Jackson Clean-Up, Inc.
Ken Jackson
586-254-7775
2359 Avon Industrial Drive Rochester Hills
Ml
48309
248-852-1430
2873 Leach Rd.
Rochester Hills
Ml
48309
McNallys Landscape &
Design, Inc.
Oakland Tree Service
Kim Claxon
734-379-2874
29176 Old Fort
Rockwood
Ml
48173
Jon Kipper
248-852-2550
5300 Raap Rd
Romeo
Ml
48065
mark gallippo
517-403-5656
21719 Springhill st.
Romulus
Ml
48174
Shondetrace Little
313-570-8920
38450 Nottingham Dr.
Romulus
Ml
48174
Evergreen Trees and
Restoration
TREE MAN SERVICES LLC
L _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ L_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _~------------L-----------------~---------------L----L---~
Page 8
WH Canon, Inc.
Brian McDonald
734-941-3900
36700 Northline Road
Romulus
Ml
48174
Camelot Tree and Shrub Co
Clinton Sherrill
313-884-1699
30121 Groesbeck Hwy.
Roseville
Ml
48066
Gratiot Landscaping & Home Wade Daley
Improvement, LLC
NLS Outdoor Services
Nick Slanda
586-859-7059
28373 Waverly St
Roseville
Ml
48066
586-246-4047
28251 Felician
Roseville
Ml
48066
All State Tree & Lawn, Inc.
Perry Stevens
248-689-5750
4341 De Iemere Ct
Royal Oak '
Ml
48073
Logan's LawnCare
Eric Laperriere
248-259-6730
P.O. Box 1241
Royal Oak
Ml
48068
McNish Group, Inc.
Margaret Kohloff
248-546-2284
26622 Woodward Ave,
Suite 200
Royal Oak
Ml
48067
Mid Michigan Contracting
Inc.
Tri-Valley Construction, LLC.
Larry Martinez, Ill
989-799-1004
5563 Dixie Hwy
Saginaw
Ml
48601
David Gilbert
989-781-2900
7767 Gratiot Road
Saginaw
Ml
48609
Natures Garden Center LLC
Steven Sclater
734-944-8644
6400 E. Michigan Ave
Saline
Ml
48176
Aielli Construction Company, Paolo lacobacci
Inc.
Superior Scape, Inc.
Terry Newman
586-792-1890
47850 Van Dyke Avenue
Shelby Township
Ml
48317
586-739-9630
51989 Schoenherr
Shelby Township
Ml
48315
Oakwood Building Co.
lgnazio Balsamo
586-709-0714
14931 Technology Drive
ShelbyTwp.
Ml
48315
C.S.L Tree Landscaping and
Shann Morgan
Snow Services L.L.C
Grace Management Services Gracemary Allen
203-305-4361
21640 West 10 Mile Rd
Southfield
Ml
48075
248-208-8900
Southfield
Ml
48076
Southfield
Ml
48076
K&C Landscaping, INC
Kit Pape
586-786-9626
26261 Evergreen Rd Ste
123
30665 Pierce Street
Natural Community Services
John Delisle
248-672-7611
30775 Longcrest
Southfield
Ml
48076
Parsons Transportation
Group Inc. of Michigan
Kevin's Lawn Care & Snow
Removal
Ken Wells
248-936-1175
Southfield
Ml
48076
Kevin Hutkowski
810-329-3633
26777 Central Park
Boulevard, Suite 275
1347 RANGE RD.
St. Clair
Ml
48079
Page 9
Econocut, Inc.
Jeff Johnson
586-212-4884
PO Box 806145
St. Clair Shores
Ml
48080
Smith Lawnscapes, LLC
Bonnie Hettler
989-224-9211
504 E. Steel St.
St. Johns
Ml
48879
Bartlett Tree Experts
Greg Carbone
617-719-1943
476 Canal Street
Stamford
CT
6902
Tri-County Tree Expert Co.,
Inc.
Michael Decator
800-286-0704
P.O. Box 1355
Sterling Heights
Ml
48311
B & J Parking Lot
Susan Romas
734-941-7570
12207 Inkster Rd.
Taylor
Ml
48180
Maintenance, Inc.
Weed Eraser, Inc
Robin Dame
313-292-7335
10040 Cherokee
Taylor
Ml
48180
Elmer's Crane and Dozer, Inc. Brian Peace
(Elmer's Concrete)
231-943-3443
3600 Rennie School Road
Traverse City
Ml
49685
Anything and Everything
Lawns LLC
C-Mark Services, Inc
Aaron Rushman
734-778-2991
96 detroit st.
trenton
Ml
48183
Donald Trivett
586-758-0722
PO Box 365
Troy
Ml
48099
Fougnie Professional lawn
maintenance
James Fougnie
248-939-7672
151 Blanche Dr.
Troy
Ml
48098
JR SERVICES GROUP, LLC
Justin Riberas
248-379-9830
2899 E. Big Beaver, Suite
Troy
Ml
48083
Troy
Ml
48083
Parks Services
David Parks
248-589-0000
189
1401 Souter
Havelka Construction
Glen Havelka
906-863-3455
N4559 US HWY 41
Wallace
Ml
49893
Branch Tree Service, Inc.
George R. Lee
586-756-7737
24195 Mound Rd.
Warren
Ml
48091
Great Lakes Landscaping &
Construction Inc.
Lakeside Building Services
Melissa Hahn
586-756-5347
25212 Ryan Rd.
Warren
Ml
48091
Nikki Glowczynski
586-731-8700
14653 Barber Ave.
Warren
Ml
48088
oleary outdoors
michael oleary
248-721-2432
21780 dexter ct
warren
Ml
48089
PM Landscaping
Patrick Magasark
586-718-3238
8106 Packard
Warren
Ml
48089
Shock Brothers Tree Care
Greg Shock
586-773-6040
26800 Bunert
Warren
Ml
48089
Page 10
Unique Clips
Jim Sape
586-863-8649
13848 Bernice
Warren
Ml
48089
586-754-5900
22500 Ryan Rd
Warren
MJ
48091
Zuniga Cement Construction Tomas Zuniga
Inc.
Breen's Landscape & Supply Robert Breen
Center
VENICE CONTRACTING LLC
Edward Prekelzaj
248-674-1127
4495 Highland Rd
Waterford
Ml
483281
248-862-6055
6381 pinecraft dr
west bloomfield
Ml
48322
Cardno, Inc.
Joe von Wah ide
616-847-1680
11181 Marwill Ave
West Olive
Ml
49460
Asplundh Tree Expert Co.
Clyde Davis
215-784-4333
708 Blair Mill Road
Willow Grove
PA
19090
Pacitto & Forest Const Co
Steve Pacitto
248-685-7050
52500 Pontiac Trail
Wixom
Ml
48393
Troy Clogg Landscape
Associates LLC
Erie Construction, LLC
Dave Brock
248-685-0123
4875 Product Drive
Wixom
Ml
48393
Jody Petit
734-676-8689
22051 Commerce Drive
Woodhaven
Ml
48183
AJ'S Maintenance & Services AJ lssa
734-480-6066
906 Minion Drive
Ypsilanti
MJ
48198
Diversified Excavating & Site
Utilities lie
Looking Good Lawns Inc.
Ryan Moon
734-216-0875
7810 Whittaker rd
ypsilanti
Ml
48197
David Dillion
734-330-0719
5659 Caren Drive
ypsilanti
Ml
48197
Margolis Nursery Inc.
Merrill Bumstead
734-482-0771
9600 Cherry Hill
Ypsilanti
Ml
48198
Salient Landscaping Inc
Chris Fox
734-260-4340
10302 Whittaker Rd
Ypsilanti
Ml
48197
Spurt Industries, LLC
Michael Mocere
231-799-4890
5204 Adams Street
Zeeland
Ml
49464
.
Page 11