City of Flint, Michigan

Third Floor; City Hall

1101 S. Saginaw Street
Flint, Michigan 48502
www. cityofflint. corn

Meeting Agenda Final -

Wednesday, April 19, 2017

5:00 PM

Committee Room

FINANCE COMMITTEE

Scott Kin caid, Chairperson, Ward 9

Eric Mays, Ward I Jacqueline Poplar, Ward 2

Kerry L. Nelson, Ward 3 Kate Fields, Ward 4
Wan twaz D. Davis, WardS Herbert J. Winfrey, Ward 6
Monica Galloway, Ward 7 Vicki VanBuren, Ward 8

lnez M. Brown, City Clerk

FINANCE COMMITTEE Meeting Agenda Final
- April 19, 2017

ROLL CALL

SPECIAL ORDER

170183 Special Order/John Young

Special Order to allow John Young, City of Flint water treatment advisor, to answer
questions regarding the water system, the Water Infrastructure Improvements for
the Nation (WIIN) grant and project funding.

RESOLUTIONS

170138 Payment/Damage Claims

Resolution resolving that all damage claims over $2,500.00 must be submitted to
the City Council for approval prior to disposition. INOTE: The City Council wishes
to be more involved in decisions regarding damage claims.1

170149 Damage Claims/Processed by City Attorneys Office

Resolution resolving that all damage claims shall be processed by the City
Attorneys Office and only those claims over $10,000.00 shall be referred to the
City Council prior to disposition. [Administration Submission No. CA3672017]

170184 Land Use Lease Agreement/City of Flint/Florence Cement Co.

Resolution resolving that the Flint City Council hereby approve a land use lease
agreement with Florence Cement Co., for a maximum of eight (8) months, at a rate
of $3,000.00 per month, as requested by Water Pollution Control, and to credit
WPC Revenue Acct. No. 590-550.100-677.000 with revenue generated from this
agreement. [NOTE: The Lease Agreement states that the Florence Cement Co.
desires to lease approximately two acres of land located within the treatment
plants fenced perimeter, located at G-4652 Beecher Road, for a temporary,
concrete batching plant on the property, near its Linden Road gate, during the
reconstruction of Linden Road.]

170185 SSL Firearms Corpilnternet-Online Auctioning/Gun Auctioning Services

Resolution resolving that the proper city officials, upon City Councils approval, are
hereby authorized to enter into a contract with Cole Auction House for
internet/online gun auctioning services, in which the city will receive 92 percent of
the sales of guns and said vendor will receive eight (8) percent, with proceeds
being credited into General Fund Acct. No. 101-305.200-649.000, as requested by
Police. [NOTE: The bid went out two years ago and SSL Firearms Corp. has
confirmed they will honor the terms of the original submission].

City of Flint, Michigan Page 2 Printed on 4117/2017

FINANCE COMMITTEE Meeting Agenda Final
- April 19, 2017

170186 Pre-Qualification/Engineering Services/Fleis & Vandenbrink Engineering,

lnc./Hubbell, Roth & Clark, lnc./Johnson & Anderson/OHM/Rowe Professional
Services Co.made Trim, Inc.

Resolution resolving that the Department of Transportation, upon the City Councils
approval, is hereby authorized to pre-qualify the following engineering firms to
provide engineering services for major construction projects on an annually
renewable basis until June 30, 2019, and to solicit letters of interest from the
pre-qualified engineering firms to determine who will be selected to perform
engineering services for each scheduled construction project as they emerge: Fleis
& Vandenbrink Engineering, Inc., Flint; Hubbell, Roth & Clark, Inc., Bloomfield Hills;
Johnson & Anderson, Flint; OHM, Flint; Rowe Professional Services Co., Flint; and
Wade Trim, Inc., Flint.

170187 Berger Chevrolet/Six (6) Chevrolet Tahoes

Resolution authorizing the Department of Purchases and Supplies, upon City

Councils approval, to issue a purchase order to Berger Chevrolet for six (6)
Chevrolet Tahoes, in an amount NOT-TO-EXCEED $219,272.58, as requested by
Police [Fleet/Central Garage Fund Acct. No. 661-451.100-977.500]. [NOTE:
According to the Staff Review, the vehicles have a purchase cost of $36,545.43;
up-fitting and computer system installation will be purchased and installed by a
secondary vendor after delivery.]

170188 Cannon Equipment/Ford F6SONersalift T34N Aerial & Post Puller

Resolution authorizing the Department of Purchases and Supplies, upon City

Councils approval, to issue a purchase order to Cannon Equipment for a Ford 650
with a Versalift T34N aerial and post puller, in an amount NOT-TO-EXCEED
$142,654.00, as requested by Fleet [Fleet/Central Garage Fund Acct. No.
661-451.100-977.500]. [NOTE: According to the Staff Review, the proposed
vehicle will replace a bucket truck used by Traffic Maintenance that is more than 16
years old and in need of significant repairsj

170189 Berger Chevrolet/Eighteen (18) Chevrolet Vehicles

Resolution authorizing the Department of Purchases and Supplies, upon City

Councils approval, to issue a purchase order to Berger Chevrolet for eighteen (18)
Chevrolet vehicles, in an amount NOT-TO-EXCEED $473,146.00, as requested by
Fleet [Fleet/Central Garage Fund Acct. No. 661-451.100-977.5001. [NOTE:
According to the Staff Review, eighteen vehicles will be removed from service and
sold at auction for an estimated $18,000.00 to $25,000.00; any up4itting will be
purchased and installed by a secondary vendor after delivery or by Fleet
personnel.]

170190 Gorno Ford/Four (4) Medium-Duty Trucks

Resolution authorizing the Department of Purchases and Supplies, upon City

City of Flint, Michigan Page 3 Printed on 4/17/2017
 FINANCE COMMIVFEE Meeting Agenda Final
- April 19, 2017

Councils approval, to issue a purchase order to Gorno Ford for four (4) Ford
medium-duty trucks, with up-fitting, in an amount NOT-TO-EXCEED $219,486.00,
as requested by FleetjWater Service Center [Fleet/Central Garage Fund Acct. No.
661-451.100-977.500]. [NOTE: According to the Staff Review, four vehicles will be
removed from service and sold at auction for an estimated $7,000.00 to
$10,000.00.]

170191 Settlement Agreement/City of Flint v AFSCME Local 1600/Grievance No. 17-04

Resolution resolving that the City Administrator hereby authorizes settlement

concerning Grievance 17-04 filed by AFSCME Local 1600. [NOTE: Three workers
will be placed into the Water Plant Maintainer classification and compensated at a
Level 19 on the AFSCME Local 1600 pay schedule at their current step, and all
three workers will receive retroactive back pay from November 16, 2016, minus
regular payroll deductions. Although the City of Flint admits no liability in the claims
filed by AFSCME Local 1600, the Department of Law recommends settlement of
this matter.]

OLD, OUTSTANDING DISCUSSION ITEMS

170032 Referral/2016-17 Annual Action Plan Disbursement/My Brothers Keeper

Referral by Councilperson Poplar to ADMIN/PLANNING and DEVELOPMENT, re:

She wants to know if My Brothers Keeper has received its allocated 2016-17
Action Plan funding (an expected $8,000) from the City and, if not, what has
caused the delay in disbursement. [Referral Action Date: 1/09/2017 @ City Council
Meeting]

170056 Referral/Status/Revolving Loan Fund

Referral by Councilperson Poplar to ADMIN/PLANNING and DEVELOPMENT, re:

She would like the status of the revolving loan fund for 2016 who got them, what
-

they were for, how much they received and how much they owe. fReferral Action
Date: 1/18/2017 Finance Committee Meeting]

170057 Referral/Status/Grants

Referral by Councilperson Poplar to ADMIN/PLANNING and DEVELOPMENT, re:

She would like the status of all grants received by Planning & Development for
2016 amount, who got them and what they were for. [Referral Action Date:
-

1/18/2017 @ Finance Committee Meeting]

170059 Referral/RFP/Street Restoration

Referral by Councilperson Fields to ADMIN/FINANCE, re: She would like to see

the separate RFP for road restoration after pipe replacement. [Referral Action
Date: 1/18/2017 @ Finance Committee Meeting]

City of Flint Michigan Page 4 Printed on 4/11/2017

FINANCE COMMITTEE Meeting Agenda Final
- April 19, 2017

170061 Referral/Copy/Public Relations Contract

Referral by Councilperson Fields to ADMIN/LEGAL, re: She would like a copy of

the public relations contract that was entered into with pipe replacement funding.
[Referral Action Date: 1/18/2017 @ Finance Committee Meeting]

170062 Referral/677 Payments/November & December 2016

Referral by Councilperson Fields to ADMIN/FINANCE, re: She would like all 677
payments made in November and December 2016. [Referral Action Date:
1/1 8/2017 Finance Committee MeetingJ

170063 Referral/Fringe Benefits Paid/201 6

Referral by Councilperson Fields to ADMIN/FINANCE, re: She would like a printout

of all fringe benefits paid in 2016, including who it was paid to, amount and for what
purpose. [Referral Action Date: 1/18/2017 @ Finance Committee Meeting]

170064 Referral/Fast Start Program Dollars

Referral by Councilperson Fields to ADMIN/FINANCE, re: She would like to know

what the first two million in the Fast Start program was used for, and what the last
$741,000.00 was used for. [Referral Action Date: 1/18/2017 @ Finance Committee
Meeting]

170066 Referral/Business Customers/Legal Action/Multi-Unit Developments

Referral by Councilperson Mays to ADMIN/LEGAL, re: He would like the law

department to provide information on how to pursue action against owners of
multi-unit developments when the renters pay their water bills but the landlord does
not, and if that can be written into an ordinance. IReferral Action Date: 1/18/2017
@ Finance Committee Meeting]

170102 Referral/Guidelines for Rebidding

Referralby Councilperson Fields to ADMIN/PURCHASING, re: She would like to

know if there is documentation (ordinance or resolution) that allows the city to rebid
jobs/contractual work, If documentation exists, she would like a copy. [Referral
Action Date: 2/22/2017 @ Finance Committee Meeting]

170110 Referral/Bidding Process/Ordinance/Resolution

Referral by Councilperson Fields to ADMIN/PURCHASING*ATER SERVICE

CENTER, re: She would like a copy of whatever (Resolution or Ordinance) gives
the Purchasing Department the power to rebid. [Referral Action Date: 2/22/2017 @
Finance Committee Meeting]

170139 Referral/Protocol for Grants

City of Flin4 Michigan Page 5 Printed on 4/17/2017

 FINANCE COMMITTEE Meeting Agenda Final
- April 19, 2017

Referral by Councilperson Mays to CITY CLERK: re: He asks for the written
protocol on grants (what has to be approved by council). [Referral Action Date:
3/8/2017 @ Finance Committee Meeting]

ADJOURNMENT

City of Flint, Michigan Page 6 Printed on 4/17/2017

 RESOLUTION: 170138

PRESENTED: 3/13/2017
ADOPTED:

Resolution for City Council to Process

Damage Claims Totaling more than $2,500.00

BY THE CITY COUNCIL:

WHEREAS, the city desires to effectively and efficiently process all damage claims against the city;
and

WHEREAS, the city wishes to better manage its financial resources; and

WHEREAS, the City Council, as the legislative body, needs to be more involved in the decision-
making process prior to payment of large damage claims.

THEREFORE, BE IT RESOLVED, that all damage claims over $2,500.00 must be submitted to the
City Council for approval prior to disposition.

APPROVED AS TO FORM: APPROVED AS TO FINANCE:

Angela Wheeler David Sabuda, Interim Chief Financial Officer

Acting Chief Legal Officer

FOR THE CITY:

Sylvester Jones, City Administrator Karen W. Weaver, Mayor

APPROVED BY CITY COUNCIL: RECEIVERSHIP TRANSITION ADVISORY BOARD:

Kerry Nelson, President

 /To/q/
RESOLUTION NO.: CA3 V72_oi7
PRESENTED: 3 8 /7
ADOPTED:______________________

RESOLUTION ALLOWING DAMAGE CLAIMS TO BE PROCESSED BY THE CITY

ATTORNEYS OFFICE
BY THE MAYOR:

WHEREAS, the City desires to effectively and efficiently process all damage claims against the
City, and
WHEREAS, it is the Citys desire to better manage its resources, both human and financial,
THEREFORE BE IT RESOLVED, that all damage claims shall be processed by the City
Attorneys Office and only those claims over $10,000 shall be referred to City Council prior to
disposition.

APPROVED AS TO FORM: APPROVED BY MAYOR:

Angela heeler Dj Karen W. Weaver

Acting City Attorney Mayor

CITY COUNCIL:

Kcrry Nelson David Sabuda

Council President Interim Chief Financial Officer

S:\AWO\Resolutions\Reso Allowing Attys Office to Process Damage Claims.docx

 .170/14
RESOLUTION NO.: C ,4~3~q 201 7
PRESENTED: 111.- & ~) 7
ADOPTED:____________________

RESOLUTION TO APPROVE A LAND USE LEASE AGREEMENT WITH

FLORENCE CEMENT COMPANY AND WATER POLLUTION CONTROL

BY THE CITY COUNCIL:

The DPW Water Pollution Control Division desires to enter into a land use lease

agreement for approximately two acres with Florence Cement Company for a maximum
of eight- (8) months for a concrete batch facility and staging area during the reconstruction
of Linden Road.

The eight- (8) month land use lease is estimated to begin prior to April 1, 2017 and will
require payments of $3,000.00 per month. The first months payment is to be received
prior to the first day of land use lease period and monthly thereafter.

IT IS RESOLVED, that the Flint City Council hereby approve a land use lease agreement
with Florence Cement Company, 12585 23 Mile Road, Shelby Township, Michigan for a
maximum of eight- (8) months, at a rate of $3,000.00 per month. The revenue generated
from this agreement is to be credited to WPC revenue account 590-550.100-677.000.

roved as to Form: APProv~~jian ce:

ngela heeler
JJJ Da~id Sabuda,
Interim Chief Legal Officer Interim Chief Financial Officer

Sylvester Jones Jr., City Administrator D Karen W. Weaver, Mayor

.

kerry Nelson, Council President

 LEASE AGREEMENT
Between
THE CITY OF FLINTAJVD FLORENCE CEMENT COMPANY

THIS AGREEMENT made and entered into as to the effective date of this agreement to and
between the City of Flint, a Michigan Municipal Corporation (hereinafter referred to as the City)
and Florence Cement Company (hereinafter referred to as Lessee).

OWNE1VLESSOR LESSEE
City of Flint, a Michigan Florence Cement Company
1101 S. SaginawStreet 12585 23 MileRoad
Flint, Michigan 48502 Shelby Township, Michigan 48315

Effective Date of Agreement:

TERMS AND CONDITIONS

THE CITY of Flint, headquartered at 1101 South Saginaw Street, City of Flint, Genesee
County, Michigan, is the owner of various public facilities, including its Water Pollution Control
Facilities, headquartered at 0-4652 Beecher Road, Flint Township, Michigan 48532.

THE LESSEE is a corporation that desires to lease approximately two acres of land
located within the treatment plants fenced perimeter located at 0-4652 Beecher Road, at the NE
corner of Beecher and Linden Roads. The Lessee intends to place a temporary, concrete batching
plant on the property, near its Linden Road gate. The batch plant is to be utilized solely for the
purpose of repaving and reconstruction of Linden Road, from Calkins Road to Corunna Road, a
MDOT project. This project will begin during April or May, 2017. As a condition of the lease,
Florence Cement agrees (A) to restore the property to its Owners satisfaction and current
condition; (B) will defend and hold the City of Flint harmless for any claims which may arise
because of Florence Cements batch plant operation, and (C) will pay S7.00/ccf for potable water
used for this operation. Florence Cement will use the existing gate which enters from Linden Road
for ingress and egress to the property, and will be responsible for traffic control as necessary.

THE PARTIES desire to enter into a Lease Agreement for use of the Facility by Lessee
in accordance with the following terms and conditions:

1. TERM: The term of this agreement shall be for a maximum of eight48~ months.
and is not reassignable. If there are any modifications to this agreement it wilL be documented and
amended to this contract.

2. LEASE OF PREMISES: The City covenants that it has lawful title and right to
make this Agreement for the term aforesaid and that it will defend Lessee in the enjoyment and
peaceful possession of the Facility during said term so long as Lessee shall not be in default in
performing the covenants and agreements pursuant to this Agreement.

Page lof 6
Lease Agreement
Florence Cement Company WPC Land Use

 3. RENT: In consideration of the exclusive right to lease the Land, Lessee shall pay
$ 3,000.00 per month. The first payment to be made prior to Florence Cement occupying the property
and subsequent payments will be made on the same date of each succeeding month.

4. UTILITIES: The City shall provide water service to the Lessee at a volume and
pressure similar to a fire hydrant. AU water usage shall be metered and Lessee will pay the City
for it at the rate of $7.00 per ccf of water.

5. EQUIPMENT, MAINTENANCE AN]) REPAIRS: The lease is for the land

only, and the use of any facilities other than the metered water tap is not authorized. Should there
be any damages necessitating repairs or maintenance, or need for any other City assistance, Lessee
shall compensate the City appropriately for the labor and materials.

6. FIRE DAMAGE LIABILITY: Any damage or loss that is incurred because of

fire that originates from the Facility premises or is caused by an act or omission of Lessee shall be
the sole responsibility of Lessee and shall be covered solely by Lessees Fire Damage Liability
and Insurance coverage as contained within Lessees Commercial General Liability policy. In no
event will the City be liable to the Lessee for any damages caused by fire. It is agreed that in the
event the Facility is destroyed or damaged to the extent of 50% or more of its insurable value by
fire during the Agreement term, this Agreement shall terminate automatically as of the date of such
occurrence. In the event the Facility is damaged by fire to an extent less than 50% of its insurable
value, either party may terminate this Agreement by giving written notice of such termination to
the other party, provided that such written notice shall be given within fifteen (15) days after the
occurrence of such fire. In either event, Lessee shall remain liable for all rental sums owed at the
date of such occurrence and all claims to which Lessor is entitled under the terms ofthis Agreement
shall be preserved.

7. USE: The City leases the Facility aand only, as described above) to Lessee on the
condition that the premises are to be used to carry out the purposes set forth below:

a. Lessee agrees that he/she will not use the Facility for any purpose in
violation of any law, municipal ordinance or regulation. Upon any breach of this
Agreement, the City may at its option terminate this Agreement forthwith and re-enter and
repossess the Facility,

b. Lessee covenants and agrees that his/her activities and those of his/her
officers, agents and employees upon the leased premises shall be conducted with moral
propriety and good taste, his/her officers, agents and employees will terminate any activity
deemed by the City, in its sole discretion, to be contrary to such Agreement of Lessee.

c. Lessee agrees to conduct business on said leased premises in a lawthl and

orderly manner and in conformity with the ordinances of the Flint Township, State of
Michigan, and of the United States of America. Lessee will not do, or permit to be done,
anything that will increase the fire hazard or liability insurance rate applicable upon the
building within which the leased premises are situated.

Page 2 of 6
Lease Agreement
florence Cement Company WPC Land Use

 8. CONTINUING FIRST LIEN: The City shall have a continuing first lien upon all
personal property of Lessee situated at any time upon the leased premises herein referred to as the
Facility so as to further secure utility payments due and owing and any other sums which may
become due and owing by Lessee to the City under the provisions of this Agreement; and, Lessee
agrees that she shall cause to be executed any instrument deemed necessary for recording purposes
so as to secure said continuing first lien to the City.

The City also has the right to pursue any and all other legal options to recover any sums
which may become due and owing by Lessee to the City.

9. INSURANCE/ADDITIONAL JNSUREDS: This lease shall not commence until

Lessee has procured and provided evidence of the insurance required under this section. Ml
coverages shall be placed with insurance companies licensed and admitted to do business in the
State of Michigan unless otherwise approved by the Citys Risk Management Director. Policies
shall be reviewed by the Citys Risk Management Director for the completeness and limits of
coverage. All insurance coverages shall be for the duration of the Agreement.

a. Commercial General Liability coverage of not less than One Million

($1,000,000.00) Dollars combined single limit with the City of Flint, and including all
elected and appointed officials, all employees and volunteers, all boards, commissions
andlor authorities and their board members, employees and volunteers, names as
Additional Insured. This coverage shall be written on an ISO occurrence basis form and
shall include: Bodily Injury, Personal Injury, Property Damage, Contractual Liability,
Products and Completed Operations, Independent Contractors; broad Form Commercial
General Liability Endorsement (XCU) Exclusions deleted and a per contract aggregate
coverage. This coverage shall be primary to the Additional Insureds, and not contributing
with any other insurance or similar protection available to the Additional Insureds, whether
said other available coverage be primary, contributing or excess.

b. Workers Compensation Insurance in accordance with Michigan statutory

requirements including Employers Liability coverage.

c. Any deductibles or self-insured retention must be declared to and approved

by the City. In addition, the total dollar value of all claims paid out on the policy shall be
declared. At the option of the City, either; the insurer shall reduce or eliminate such
deductibles or self-insured retention as respects the City, its officials, employees, agents
and volunteers; or Lessee shall procure a bond guaranteeing payment of losses and related
investigation, claim administration and defense expense.

d. Lessee shall furnish the City with two certificates of insurance for all
coverages requested and with original endorsements for those policies requiring the
Additional Insured status. All certificates of insurance must provide the City with not less
than thirty (30) days advance written notice in the event of cancellation, non-payment of
premium, non-renewal or any material change in policy coverage. In addition, the working
endeavor to and but failure to mail such notice shall impose no obligation or liability of
any king upon the company, its agents or representatives must be removed from the

Page 3 of 6
Lease Agreement
Florence Cement Company WPC Land Use

 standard ACORD cancellation statement. These certificates must identi~ the City of Flint,
Risk Management Division as the Certificate Holder. Lessee must provide, upon
request, certified copies of all insurance policies, If any of the above coverages expire
during the term of this contract, Lessee shall deliver renewal certificates andlor policies to
the City at least ten (10) days prior to the expiration date.

10. NO HOLDING OVER BY LESSEE: After the termination of this Agreement,

Lessee shall vacate the premises, unless there is written agreement between the parties providing
for extension or renewal. In case of holding over by Lessee without such written agreement
providing for extension or renewal, the City may treat Lessees occupancy as being a tenancy from
month-to-month.

11. NOTICES: Notices to the City shall be deemed sufficient if in writing

and delivered by hand or sent by registered or certified mail, postage prepaid, to
Robert S. Case, WPC Supervisor, G-4652 Beecher Road., Flint Michigan 48532 and to Inn
Brown, City Clerk, 1101 South Saginaw Street, Flint, Michigan 48502, or to such other address
as may be designated in writing by the City from time-to-time.

Notices to Lessee shall be deemed sufficient if in writing and delivered by hand or sent by
registered or certified mail, postage prepaid, addressed to: Anthony Sarotte, P.E.. Florence
Cement Company. 12585 23 Mile Road. Shelby Township, Michigan 48315 or to such
other address as may be designated in writing by Lessee from time-to-time.

12. APPLICABILITY OF CONTRACTIINTERPRETATION: This Agreement

shall be governed by and in accordance with the laws of the State of Michigan applicable to
contracts made and to be performed in this state.

13. NON-ASSIGNABILITY: Lessee shall not assign or transfer any interest in this
contract without the prior written consent of the City thereto provided, howevei that claims for
money due or to become due to the City from Lessee under this Agreement may be assigned to a
bank, trust company, or other financial institution without such approval. Notice of any such
assignment or transfer shall be furnished promptly to Lessee.

14; ARBITRATION: Lessee agrees that for all claims, counterclaims, disputes, and
other matters arising out of or relating to this agreement, Lessee must request the Citys consent
to arbitrate within 30 days from the date the Lessee knows or should have known the facts giving
rise to the claim, dispute or question.

a. Notice of a request for arbitration must be submitted to the City in writing

by certified mail or personal service upon the City Attorney...

b. Within 60 days from the date a request for arbitration is received by the
City, the City shall inform Lessee whether it agrees to arbitrate. If the City does not
consent, Lessee may proceed with an action in the appropriate court. If the City does
consent, then within 30 days of the consent each party shall submit to the other the name
of one person to serve as an arbitrator. The two arbitrators together shall then select a third

Page4of6
Lease Agreement
florence Cement Company WPC Land Use

 person, the three together shall then serve as a panel in all proceedings. Any decision
concurred in by a majority of the three shall be a final binding decision. The Citys failure
to respond to a timely, conforming request for arbitration is deemed consent to arbitration.

c. The costs of the arbitration shall be split and borne equally between the
parties and such costs are not subject to shifting by the arbitrator.

d. The remedy for Lessees failure to comply with this provision is dismissal
of the action.

15. GOOD STANDING; Lessee must remain current and not be in default of any
obligations due the City, including but not limited to, the payment of taxes, fines, penalties,
licenses or other monies due to the City. Violations of this clause shall constitute a substantial and
material breach of this Agreement. Such breach shall constitute good cause for the termination of
this Agreement should the City determine to terminate on a basis other than conveniences.

16. HOLD HARMLESS AND INDEMNIFICATION: To the fullest extent

permitted by law, Lessee agrees to defend, pay on behalf of, indemnify, and hold harmless the
City, its elected and appointed officials, employees and volunteers and others working on behalf
of the City against any and all claims, demands, suits, or loss, including all costs connected
therewith, and for any damages which may be asserted, claimed or recovered against or from the
City, its elected and appointed officials, employees, volunteers or others working on behalf of the
City, by reason of personal injury, including bodily injury or death and/or property damage
including loss of use thereof, which may arise as a result of the acts, omissions, faults and
negligence of Lessee or of any of the employees, agents and representatives in connection with the
performance of this Agreement.

17. MODIFICATIONS/CHANGES: Any modification to this Agreement must be in

writing and signed by the authorized employee, officer, board or council representative authorized
to make such contractual modifications pursuant to the State law and local ordinances.
18. NON-DISCRIMINATION: Lessee hereby covenants and agrees not to
discriminate against any employee or applicant for employment with respect to hire, tenure, terms,
conditions, or privileges or employment or any matter directly or indirectly related to employment,
because of race, color, religion, national origin, age, sex, height, weight, or marital status.

19. NON-DISCLOSURE/CONFIDENTIALITY: Lessee agrees that the documents

identified herein as the Agreement are confidential information intended for the sole use of Lessee
and that Lessee will not disclose arty such information, or in any other way make such documents
public, without the express written approval of the City or the Order of the Court of appropriate
jurisdiction or as required by the laws of the State of Michigan.

20. WHOLE AGREEMENT: This Agreement embodies the entire agreement

between the parties hereto. Any additions, deletions or modifications hereof must be made in
writing and signed by both parties.

Page 5 of 6
Lease Agreement
Florence Cement Company WPC Land Use

IN WITNESS WHEREOF, the City has caused these presents to be executed by its duly
authorized agent, and Lessee has executed these presents, or has caused the same to be executed
on its behalf by its agent, duly authorized, all in triplicate and on the day and year first above
written.

LESSEE: Florence Cement Company WIThESS(ES):

Title:_______________________________ ____________________

Date:______________

LESSOR: CITY OF FLINT, a

Michigan Municipal Corporation

Dr. K en W. Weaver Date

Mayor

.47)17
Sylvester Jones Jr. Date
City Administrator

APPROVED AS TO FORM:

Angela eeler Date

Interim Chief Legal Officer

Page 6of6
Lease Agreement
florence Cement Company WPC Land Use

(Proposal #1 5000569) SUBMISSION NO.: ~ 712!?
PRESENTED: ___________________

ADOPTED: ____________________

RESOLUTION TO SSL FIREARMS CORP. HOUSE FOR INTERNET/ON-LINE GUN

AUCTIONING SERVICES

BY THE CITY ADMINISTRATOR:

The Department of Purchases & Supplies solicited a proposal for internet/on-line gun
auctioning services as requested by Police Department two years ago; and

SSL Firearms Corp., 2851 James P. Cole, Flint, MI submitted the highest responsive
proposal to receive revenue from the sale of guns fitm six submittals and has confirmed they will honor
the terms of the original submission. Proceeds from auction will he credited into following account: 101-
305.200-649.000; and

IT IS RESOLVED, that the Proper City Officials, upon City Councils approval, are hereby
authorized to enter into a contract with Cole Auction House for internet/on-line gun auctioning services in
which the City will receive 92% of the sales of guns and said vendor will receive 8%. (General Fund)

APPROVED PURCHASING DEPT: AP OV 45 TO FINANCE: APPROVED AS 0 ORM:

4~ 64
Derricl~ J n ,Purchasing Manager Day d L. Sabuda, Chief Financial Officer
______ hgela 4ijkttlk
_____

Interim &~ief Legal Officer

Sylvester.Jones, Jr., City Ad,ninislraf or

CITY COUNCIL: RECEJVEfl5ljfl~ TRANSITION ADVISORY

BOARD;

Kerry Nelson, Council Prcsidcnt

FY17 DFJ
 RESOLUTION STAFF REVIEW

DATE: 04/12/17

Agenda Item Title: SSL Firearms Auctioneer services for firearms & related equipment

Prepared By: Rick Johnson, Police Financial Coordinator

BackcjroundlSummarv of Proposed Action: Reso[*n authorizing the Director of

Purchases & Supplies, upon th~tmergency_Managers)pproval, to enter into a contract
with SSL Firearms, as requestedEfle Flint Police Department, for Auctioneer services to
sell firearms and related firearm equipment. The revenue created from these auctions is to
be made available to the Police Department to improve the operations of the property room
and enhance evidence retention and software.
Financial Implications: 92% proceeds to City, 8% to vendor

Budgeted Expenditure? Yes ~ NoEl Please explain if no:

Account No.: 101-305.200-649.000

Pro-encumbered: Yes ~ No~ Requisition #

Other Implications (L~,_qollective bargaining): None

Staff Recommendation: Recommend Approval

Staff Person:
 J
I- ~
~y- ,

/70/F
(Proposal #17-534) SUBMISSION NO.: S YcZc2 O 17
PRESENTED:

ADOPTED:

RESOLUTION OF PRE-OUALIFIED ENGINEERING FIRMS TO PERFORM VARIOUS TRANSPORTATION

PROJECTS OVER THE NEXT THREE YEARS

BY THE CITY ADMINISTRATOR:

The Department of Purchases and Supplies has solicited a proposal for professional engineering services as
requested by the Department of Public Works, and

The proposal stated the Department of Public Works reserves the right to pre-qualify the responsive bidders as
the engineering firms who will be ulilized to provide engineering services for major construction projects for a three year period that
will end June 30, 2019. The City also reserved the right to solicit letters of interest from the pro-qualified engineering firms to
determine who will be selected to perform engineering services for each scheduled construction project; and

The Department of Public Works is requesting authorization to pre-qualify the following engineering firms to
provide engineering services for major construction projects on an annually renewable basis until June 30, 2019, and to solicit letters
of interest from the prequalified engineering firms to determine who will be selected to perform engineering services for each
scheduled construclion project as they emerge:

Companys Name Companys Address

Fleis & Vandenbrink Engineering, Inc. 2040 E. Maple Ave.. Flint. Ml 48507
Hubbell, Roth & Clark, Inc. 555 Hulet Dr., Bloomfield Hills, Ml 48302
Johnson & Anderson 2387 S. Linden Rd., Flint, Ml 48532
OHM G-3101 W. Bristol Rd., Flint, Ml 48507
Rowe Professional Services Co. 540 S. Saginaw St., Suite 200. Flint. Ml 48502
Wade Trim, Inc 555 S. Saginaw St. Suite 201, Flint. Ml 45502

IT IS RESOLVED, that the Department of Transportation, upon City Councils approval, is hereby authorized to
pre-qualify the following engineering firms to provide engineering services for major construction projects on an annually renewable
basis until June 30, 2019. and to solicit letters of interest from the pre-qualified engineering firms to determine who will be selected
to perform engineering services for each scheduled construction prqect as they emerge:

Companys Name Companys Address

Fleis & Vandenbrink Engineering, Inc. 2040 E. Maple Ave.. Flint, Ml 48507
Hubbell. Roth & Clark, Inc. 555 Hulet Dr., Bloomfield Hills, Ml 48302
Johnson & Anderson 2387 S. Linden Rd., Flint. Ml 48532
OHM G-3101 W. Bristol Rd., Flint, Ml 48507
Rowe Professional Services Co. 5406. Saginaw St., Suite 200, Flint. Ml 48502
Wade Trim, Inc 5555. Saoinaw St. Suite 201, Flint, Ml 48502

\ OVL A 10 ORAl

ilterin tier!.

Sylvester Jones, Jr., City Administrator

CITY COUNCIL: RECE!VERSIIIP rRANSITION ADVISORY

BOARD:

Kern Nelson, Council President

FY17 - KRN
 RESOLUTION STAFF REVIEW

DATE: April 10, 2017

Agenda item Title: Pro-qualification of Engineering Firms to perform various

engineering services for various transportation projects over the next three years on an
as needed basis.

Prepared By: Betty Wideman

Background!Summanj of Proposed Action: The pre-qualification of six (6)

engineering firms to perform various design, construction engineering and project
management services for various transportation projects over the next three fiscal years
on an as needed basis.

Financial Implications: None

Budgeted Expenditure? Yes I~ NoEl Please explain if no:

Account No.:

Pre-encumbered? Yes fl No~ Requisition _________________________

Other Implications (i.e.. collective bargaining):

Without this purchase order the Transportation Department will not be able to have
additional engineering help for design, construction engineering or project management
on any construction projects (i.e. MDOT projects, bridge rehab, or any other designated
construction activities).

Staff Recommendation: Recommend Approval

Staff Person _______________________

 ho /17
(Bid #1 8000010) SUBMISSION NO.: C 4 3 9320?
PRESENTED:

ADOPTED:

RESOLUTION TO BERGER CHEVROLET FOR SN CIThVROLET TAHOES

BY THE CITY ADMINISTRATOR:

The Police Department is requesting the issuance of a purchase order to procure six
Chevrolet Tahoe pursuit vehicles; and

Berger Chevrolet, Inc.. 2525 28th St., SE, Grand Rapids, MI has submitted a cost to
purchase said vehicles through the State of Michigan MiDeal program contract #07lB1300016. Funding
for said services will come from the following account: 661-451 .100-977.500; and

IT IS RESOLVED, that the Department of Purchases and Supplies, upon City Councils
approval, is hereby authorized to issue a puicliase order Lo l3erger Chevrolet for six Chevrolet
Tahoes in an amount not to exceed $21 9,272,58. (Fleet/Central Garage Fund) pending final adoption of the
FY18 budget

&~~tED~roI~INANCE _____________________

David L. Sabuda. Chief Financial Officer agela ~V celer

Interim of Legal Officer

CITY COUNCIL: RECEIVERSHIP TRANSITION ADVISORY

BOARD:

Kerry Nelson, Council President

FY17 DFJ
 RESOLUTION STAFF REVIEW

DATE:
03129/17

Agenda Item Title:

Purchase of 2017 Police Pursuit Vehicles for FY18

PreDared By:
Mike Rule

Background/Sumrnar~ of Proposed Action:

The Fleet Maintenance Department is requesting the purchase of (6) Police Pursuit Chevrolet
Tahoes for use in the Police Department as part of our vehicle replacement plan.

The specified vehicles have a purchase cost of $36,545.43 each, utilizing the State of Michigan
MIDeal pricing for the 2017 model year. Deliveiy and payment will be made in the FY18 fiscal
year.

(6) current pursuit vehicles will be removed from service as the new vehicles in-service.

Up-fitting and computer systems will be purchased and installed by a secondaiy vendor after
delivery.

Financial Implications:
Budgeted? Yes ~ Nofl Please explain if no:

Account No.; 661 -451.100-977.500

Pre-encumbered? Yes ~ NoEl Req# 170000605

Other Implications (i.e., collective bargaining):

Staff Recommendation: Approval

Staff Person: ~f
(Dept Head6r other authorized staff)
 /70/fl
(Bid #17000056) SUBMISSION NO.: E.4 5? q
PRESENTED: i-/3-17
_______

ADOPTED;

RESOLUTION TO CANNON EQUIPMENT FOR

AN AERIAL AND POST PULLER VEHICLE

BY THE CITY ADMUSISTRATOR:

The Fleet Division is requesting the issuance of a purchase order to procure a Ford F650
with a Versalifi T34N aerial and post puller vehicle; and

Cannon Equipment, 51761 Danview Tech. Ct., Shelby Twp., MI has submitted a cost to
purchase said vehicle through the State of Michigan MiDeal program contract # 071B2200263. Funding
for said services will come from the following account: 661.451.100-977.500; and

IT IS RESOLVED, that the Department of Purchases and Supplies, upon City Councils
approval, is hereby authorized to issue a purchase order to Cannon Equipment for a Ford F650 with a
Versalifi T34N aerial and post puller in an amount not to exceed $142,654.00. ~FleetJCentral Garage Fund)

buda, Cluef flnancial Officer

Interim nef Legal Officer

Sylvesler Jones, Jr., Cliv Adnthilstrator

CITY COUNCIL: RECEIVERShIP mANsrrIoN ADVIsORY

BOARD:

Kcrrv Nelson, Council Presidenc

FY17 - DFJ
 RESOLUTION STAFF REVIEW

DATE:
February 22, 2016

Agenda Item Title:

Replacement bucket truck for Traffic Maintenance

Prepared By:
Mike Rule

Backgroundlsumrnary of Proposed Action:

As part of the vehicle replacement plan for FY17. the Fleet Maintenance Department is
requesting a purchase order for a replacement bucket truck to be utilized by the Traffic
Maintenance Department. The current vehicle is 16 years old and is in constant need of
repair and will not pass state certification without significant repair costs. Purchase cost
includes the State of Michigan MiDeal discounts.

Financial Implications:

Budgeted? Yes ~ NoEl Please explain if no:

Account No.: 661451.100-977.500

Pre-encumbered? Yes ~ NoD Req# 170000583 4~

Other Implications (i.e.. collective bargaining):

Staff Recommendation: Approval

Staff Person: (D~ea6

 I7c/ff~.
(Bid #17000057) SUBMISSION NO.; C19 39502O 17
PRESENTED: W~ 13 /7
ADOPTED: ______________________

RESOLUTION TO BERGER CHEVROLET FOR EIGHTEEN CHEVROLET VEHICLES

BY THE CITY ADMINISTRATOR:

The Fleet Division is requesting the issuance of a purchase order to procure eighteen
Chevrolet vehicles as part of the FYI? vehicle replacement plan; and

Berger Chevrolet, Inc., 2525 28 St., SE, Grand Rapids, Ml has submitted a cost to
purchase said vehicles through the Slate of Michigan MiDeal program contract #071 B 1300016. Funding
for said services will come from the following account: 661-451.100-977.500; and

IT IS RESOLVED, that the Department of Purchases and Supplies, upon City Councils
approval, is hereby authorized to issue a purchase order to Berger Chevrolet for eighteen Chevrolet
vehicles in an amount not to exceed $473,146.00. (Fleet/Central Garage Fund)

PPR D P ChASING PEP!.: ,~O%f~h~FINANCE: ~VE~O FORM:

PerrickJonc ~urcImsj hager David L. Sahinija. Chief Financial Officer a~

nterim hiielLegal Officer

Sylvesler Jo,,es, Jr., Cliv Administrator

CITY COUNCIL: RECEIVERShIP rRANSITI0N ADVISORY

BOARD:

Kerry Nelson, Council President

FY17 DFJ
 RESOLUTION STAFF REVIEW

DATE:
03/29/17

Agenda Item Title:

Purchase of 2017 Replacement Vehicles

Prepared By:
Mike Rule

Background/Summary of Proposed Action:

As part of the vehicle replacement plan for FY17, the Fleet Maintenance Department is
requesting the purchase of( 18) vehicles to be utilized across multiple deparu cuts.

The specified vehicles have a purchase cost of $473,146.00, utilizing the Stale of Michigan
MiDeal pricing for the 2017 model year. Quoted (5) year lease pricing would cost the City an
additional $67,978.10 over a five year period.

The (18) vehicles that will be replaced will removed from service and sold at auction. Gross
auction proceeds are estimated between $18,000 and $25,000.

Any up-fitting requested by the user departments will be performed after delivery by a secondary
vendor and/or by the Fleet Garage.

Financial Implications:

Budgeted? Yes ~ NoD Please explain if no:

Account No.: 661-451.100-977.500

Pre-encumbered? Yes ~ NoD Req# 170000606

Other Implications (i.e.. collective bargaining):

Staff Recommendation: Approval

Staff Person:_____________________
(Dept He o other authorized slaff)
 All Manufacturer Purchase Cost
Where available

Type # I Dept ID Equip ID Replace with - I Chevrolet EMC Ford Chrysler

1 Streets 4026 I ton rag cab DRW C&C 4x4 utility $35,842.52 $36,527.02 $37,183.32 $35,773.57 *

1 Stree~ 4027 Hon reg cab DRW C&C4x4 utility $35,842.52 $36,527.02 $37,183.32 $35,773.57
~ 2 Water Plant 7195 1 ton req cab DRW C&C 4x4 utility $42,791.82 $43,386.32 $44,116.82 $42,621.67
3 WSC-Sewer 7190 Med duty C&C utDity2wd 450 $0.00 $0.00 $47,829.90 $47,903.75 *

3 WSC-Sewer 7194 Med duty C&C utility 2wd 450 $0.00 $0.00 $47,829.90 $47,903.75
4 WSC-Water 7197 Med duty C&C utility2wd 450 $0.00 $0.00 $60,625.90 $61,680.75 *

4 WSC-Water 7196 Med duty C&C utility 2wd 450 $0.00 $0.00 $60,625.90 $61,680.75 -

6 Water Plant 7207 MId Size AWDSIJV [ $2094150 $000 $2186300 $2163015
7 WPC 7008 3/4 ton Cargo Van std length $21,412.00 $21,287.52 $22,220.40 $0.00
7 WPC 7116 3/4 ton Cargo Van sid length $21,412.00 $21,287.52 $22,220.40 $0.00
b WSC-Water 7159 ~i~bn 4x4cewab fsz~,sg~.so $27,939.00 $26,562.21 $26,841.90
10 Traffic 4103 3/4 ton 4x4 ext cabS box $26,031.50 $28,734.00 $27,891.30 $0.00
l Traffic 4105 3/4 ton 4x4 exi&~ 6 box . - j $26,031.50 $28,734.00 $27,891.30 $0.00
- 10 Traffic 4107 3/4 ton 4x4 ext cabs box $26,031.50 $28,734.00 $27,891.30 $0.00
10 Traffic 4100 3/4 ton 4x4 ext cabS box $26,031.50 $28,734.00 $27,891.30 $0.00
10 WSC-Water 7154 3!4ton 4x~ ext cabS box L $26,031.50 $28,734.00 $27,891.30 $0.00
11WPC 7135 3/4 ton crew cab 4x4 6o~~ r $29,017.50 $29,754.00 $28,199.55 $0.00
12 Water Plant 7188 3/4 ton 4x4 req cabS box $26,427.50 $26,405.00 $25,453.20 $25,120.90
12 Water Plant 7187 3/4 ton 4x4 req cab 8 box J $26,427.50 $26,405.00 $25,453.20 $25,120.90
izWaterPlant 7110 3i4ton4x4regcab8 box I $26,427.50 $26,405.00 $25,453.20 $25,120.90
12 WPC 7031 3/4 ton 4x4 req cab B box r$26t~y:so $26,405.00 $25,453.20 $25,120.90 -

13 WPC 7007 1 ton req cab 4x4 8 box ORW $35,871.50 $36,225.00 $36,813.40 $34,706.65

~ UpfiWng Included in pflca I I

$506,681.36 $502,223.40 $734,543.42 $517,000.11

3/3012011 ion Schedule_Purcl,a,e

 /7o!9c
(Bid #17000058) SUBMISSION NO.: Ci/939(g2.O ~t7
PRESENTED: _________________

ADOPTED: _____________________

RESOLUTION TO GORNO FORD FOR FOUR (4) MEDIUM DUTY TRUCKS

BY THE CITY ADMINISTRATOR:

The Fleet Division is requesting the issuance of a purchase order to procure four (4) Ford medium duty
trucks with up-fitting as part of the FY17 vehicle replacement plan; and

Gorno Ford, 22025 Allen Rd., Woodhaven, MI has submitted a cost to purchase said
vehicles through the State of Michigan MiDeal program contract #07iBl300005. Funding for said
services will come from tile following account: 661-451.100-977.500; and

IT IS RESOLVED, that the Department of Purchases and Supplies, upon City Councils approval, is
hereby authorized to issue a purchase order to Gorno Ford for four (4) Ford medium duty trucks with up-
fitting in an amount not to exceed $219,486.00. (Fleet/Central Garage Fund)

APP VI. U IIASING DEPT.: FINANCE: PP

DerrickJones, , cli in ~. David L Saboda, Chief Financial Officer Ang ~~Iiecler

lute iChief Legal Officer

Sylvester Jones. Jr., City Adininis~rator

CITY COUNCIl.: RECEIVERSIIIPTRANSITION ADVISORY

BOARI)

Ker~ Nelson, Council President

FYI7DFJ
 RESOLUTION STAFF REVIEW

DATE:
03/29/17
Agenda Item Title:
Purchase of 2017 Replacement Vehicles

Prepared By:
Mike Rule

Background/Summary of Proposed Action:

As part of the vehicle replacement plan for FY17. the Fleet Mainienance Department is
requesting the purchase of(4) vehicles to be utilized by the Water Service Center.

The vehicles have a purchase cost of $219,486.00, utilizing the State of Michigan MiDeal pricing
for the 2017 model year. Quoted (5) year lease pricing would cost the City an additional
$25,000.00 over a five year period.

Because these are medium duty vehicles, they are not available from General Motors.

The (4) vehicles that will be replaced will removed from service and sold at auction. Gross
auction proceeds are estimated between $7%000 and $1 0.000.

Financial Implications:

Budgeted? Yes ~ NoD Please explain if no:

Account No.: 661451 .100-977.500

Pre-encumbered? Yes ~ NoD Req# 170000641

Other Implications (i.e., collective bargaining):

Staff Recommendation: Approval

Staff Person:____________________
(Dept Head r othe(Aulhorized staff)
 170/9/
RESOLUTIONNO.; Ci) 397 2O/7
PRESENTED; 1-131

ADOPTED:____________________

RESOLUTION TO APPROVE GlUEVANCE SETTLEMENT BETWEEN THE CITY

OF FLINT AND A1?SCME LOCAL 1600 GRIEVANCE #17-04 -

BY THE CITY ADMINISTRATOR:

All parties have agreed to settlement in this matter; and

Pursuant to the Grievance Settlement between the City of Flint and its Agents and
Employees and AFSCME Local 1600, attached hereto and made a part hereof, the City of Flint
shall place Ronald Firman, Dominic Smoot and Jeffrey Maksymowski into the Water Plant
Maintainer classification and compensate them at level 19 on the AFSCME Local 1600 pay
schedule i.e., at their current step (4th) of said schedule. Retro-active pay back to 11/16/16 shall be
calculated and provided to each grievant in a separate check subject to regular payroll deductions;
and
Although the City of Flint admits no liability in the claims filed by AFCME Local 1600,
the Department of Law recommends settlement of this matter.
IT IS RESOLVED that the City Administrator hereby authorizes settlement concerning
the Grievance by AFSCME Local 1600 Grievance #17-04.

A OVED S TO FORM: APPROV AS TO FINANCE:

ngel heeler, Acting Chief Legal Officer David Sabuda, Interim Chief Financial
Officer

FOR T1~ CITY OF FLINT: APPROVED BY CITY COUNCIL:

Sylvester Jones, City Administrator Kerry Nelson, City Council President

C:\Users\awheeleADownlcads\Reso Settlement AFSCME Local 1600.docx

 GlUEVANCE SEflLEMENT
Between
TUE CiTY 01? FLINT and AFSCME LOCAL 1600

Re: Class Action Grievance #17-04

It is hereby agreed, without precedent, by and between the City of Flint (herein the Employer),
and AFSCMB Local 1600 (herein the Union), in Thu and final sefflement of grievance #17-04,
regarding Ronald Firman, Dominic Smoot and Jeffrey Maksyinowski that:
I. Grievance #17-04 which involved the Employers ~ilme to advance the grievants
on. the corn;ensation schedule i.e., within the Water Plant Opentor/Maintainer
Trainee classification training series as the COP job description provides is
hereby settled.
2. The Employer will place the above mentioned employees into the Water Plant
Maintainer cl~sificaIjon and compensate them at level 19 on the APSCME Local
1600 pay schedule i.e., at their current step (40) of said schedule.
3. Retro-active pay back to 11/16/16, shall be calculated and provided to each
grievant in a separate check subject to regular payroll deductions.
4. No otherrelief shall be provided.
5. liiconsideration of the foregoing, the Grievant hereby releases, indemnifles, and
holds harmless the Employer, the Union and/or any of their officers, employees
and/or agents from any and all claims either now pending or that may arise in the
fbture before any court or tribunal body, arising out of the acts and conduct, or
lack thereo~ which resulted in the execution ofthis Settlement Agreement.
6. This settlement agreement shall not set a precedent for any other matters now
pending or that may arise in the ft~ure between the Union and Employer. Further,
it is specifically agreed that this settlement Agreement, including any of its
individual terms and/or conditions, shall not be used as evidence of intent or
interpretation of any of the provisions contained in any co ective bargaining
ementbetweenthepartjesa~J/0~ffl~0 City f Flint so elRules.

MEL ca 1600 Cityof t

Z77-/7
Date
2/
Date
7/l